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Staff Report/Starling Zone Change, PUD and Prel. PlatKALisPEii. Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KPUD-21-02/KZC-21-01/KPP-21-06 — Starling Phases 1-8 Planned Unit Development, Zone Change, and Preliminary Plat (Phases 1-3) MEETING DATE: October 4, 2021 BACKGROUND: Kilday & Stratton has submitted an application for the Starling Phases 1-8 Planned Unit Development ("PUD"), which is a Residential Mixed Use PUD overlay on approximately 58.0 acres of land on the west side of Stillwater Road to the west of Timberwolf Parkway. The property was previously annexed with an R-3 (Residential) underlying zone and has an expired PUD overlay over the full section of land. This proposal would rezone the 58.0 acres to RA-1 (Residential Apartment) with a new PUD overlay for the subject property. The proposal includes a proposed preliminary plat for Phases 1-3 of the project, which encompasses 20.84 acres of land. Phases 1 and 2 contain approximately 14.9 acres and include 77 residential lots and sublots (37 single-family and 40 townhome lots). Phase 3 is a single lot plus common area totaling approximately 5.9 acres (2.75 acres of developable area and 3.18 acres of common area) with proposed uses potentially including up to 35 multi -family dwelling units, a combination of live/work units and office space, or small-scale neighborhood retail. The property is located on the west side of Stillwater Road between Four Mile Drive and West Reserve Drive. It can be described as a portion of Assessor's Tracts 4A and 6, located in the East half of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on September 14, 2021, to consider the request. Staff presented amended staff report KPUD-21-02/KZC-21-01/KPP-21-06 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend to the Council that the request be granted subject to 41 listed conditions. No public comments were received at the public hearing other than from the applicant. The public hearing was closed and a motion was presented to adopt staff report KPUD-21-02/KZC-21-01/KPP- 21-06 as findings of fact and recommend to the Kalispell City Council that the Planned Unit Development be approved subject to the 41 conditions. Board discussion concluded that the request was appropriate, and the motion was approved on a unanimous vote. RECOMMENDATIONS: ZONE CHANGE AND PLANNED UNIT DEVELOPMENT: It is recommended that the Kalispell City Council approve the first reading of Ordinance 1865, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by rezoning certain real property described as a portion of Assessor's Tracts 4A and 6, located in the East half of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, from R-3 (Residential) to RA-1 (Residential Apartment) and applying a Residential Mixed Use Planned Unit Development Zoning Overlay subject to 41 conditions in accordance with the Kalispell Growth Policy Plan- It 2035, and provide an effective date. PRELIMINARY PLAT: It is recommended that the Kalispell City Council approve Resolution 6054, a resolution approving a request from Kilday & Stratton for approval of the preliminary plat for Starling Phases 1-3 (KPP-21-06), a major subdivision preliminary plat consisting of approximately 20.84 acres with 41 conditions of approval, which can be described as a portion of Assessor's Tracts 4A and 6, located in the East half of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1865 Resolution 6054 September 14, 2021, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk Retum to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1865 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A PLANNED UNIT DEVELOPMENT OVERLAY ZONE, TO BE KNOWN AS STARLING PLANNED UNIT DEVELOPMENT, OVER CERTAIN REAL PROPERTY DESCRIBED AS A PORTION OF ASSESSOR'S TRACTS 4A AND 6 LOCATED IN THE EAST HALF OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Kilday & Stratton, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned RA-1 with a Planned Unit Development overlay to be known as Starling PUD, on approximately 58.0 acres of land; and WHEREAS, the property is currently zoned City R-3, Residential, and is located on the west side of Stillwater Road to the west of Timberwolf Parkway; and WHEREAS, the petition of Kilday & Stratton was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KPUD-21-02, in which the Kalispell Planning Department evaluated the petition and recommended that a Planned Unit Development overlay be attached to the above described tract of land pursuant to Kalispell City Code 72.21.030(2)(b); and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on September 14, 2021 and recommended that a Planned Unit Development overlay be attached to approximately 58.0 acres of land, pursuant to Kalispell City Code 72.21.030(2)(b); and WHEREAS, after considering all the evidence submitted on the proposal to attach a Planned Unit Development overlay to the property, the City Council finds such zoning to be consistent with the Kalispell Growth Policy — Plan It 2035 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. #KPUD-21-02. 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 attaching the property described above with a Planned Unit Development overlay. SECTION 2. The Planned Unit Development overlay proposed by Kilday & Stratton upon the real property described above is hereby approved subject to the following conditions: The Planned Unit Development for Starling Phases 1-8 allows the following deviations from the Zoning Regulations: (1) Use: Sections 27.09.010 and 27.09.030 —Phase 3 uses may include any permitted uses allowed under B-1 zoning. Accessory dwelling units are allowed on Lots 17, 24, 25, 32, 33, and 40 in Phase 2 and future phases subject to review. ADUs would be subject to general zoning requirements as well as a requirement that (a) any lot with an ADU be a minimum width of 50 feet with a minimum depth of 100 feet; (b) they meet the setbacks for principal structures; and (c) that the parking for the ADU would be one additional parking space rather than two. The proposal would allow the ADU to be attached or detached from the principal structure. (2) Lot Area: Section 27.09.040(1) — The minimum lot size in the RA-1 is 6000 square feet minimum lot size. This deviation would allow a minimum lot size of 4000 square feet for single-family lots and a minimum lot size of 2350 square feet per unit for parent lots with townhomes/sublots. (3) Lot Width: Section 27.09.040(2) — The minimum lot width in the RA-1 zone is 50 feet. This deviation would allow a minimum width of 40 feet. (4) Setbacks: Section 27.09.040(3) — General setbacks in the RA-1 are 15 feet in the front, 5 feet on the side, 10 feet in the rear, 15 feet on the side corner, and 20 feet to the garage from a street right-of-way. This deviation would allow for a side setback of 3 feet. (5) Permitted Lot Coverage: Section 27.09.040(5) — The maximum lot coverage in the RA-1 zone is 45%. This deviation would allow a maximum lot coverage of 60%. 2. The Planned Unit Development for Starling Phases 1-8 allows the following deviations from the Kalispell Subdivision Regulations: (1) Road Sections: Section 28.3.14 — This deviation would allow three alternative road sections: (a) 80-foot urban collector with 16-foot landscape boulevards; (b) 30-foot- wide alleys; and (c) the 32 foot wide woonerf. (2) House Orientation: Section 28.3.14(F)(1) — This deviation allows homes to face Stillwater Road provided that access is provided only from the alley behind the homes. (3) Alley as Primary Access: Section 28.3.11(B) and (C) — This deviation allows homes along Stillwater Road to be accessed only from an alley. 3. The preliminary plat approval for the subdivision is not effective until the ordinance approving the PUD/zone change becomes effective. 4. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. 5. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and signed by the city and owner prior to the issuance of a building permit. 6. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell Zoning Ordinance. 7. As a PUD with an associated preliminary plat application, the abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance. 8. The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to develop a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the ponds will act as features, particularly along the roadways, rather than a private maintenance utility facility. 9. The preliminary plat approval shall be valid for a period of three years from the date of approval. 10. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. 11. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 12. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 13. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. 14. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. 15. Any water rights associated with the property shall be transferred to the City of Kalispell. The water rights shall be allocated proportionally for each phase of the development prior to final plat. 16. The developer shall submit the street designs to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction, except as otherwise provided for herein. 17. Any lot adjacent to an alley shall access the home from the alley rather than the street. 18. No individual accesses to Stillwater Road are allowed. 19. The development's frontage on Stillwater Road will shall be improved in accordance with City Design and Construction Standards to a Minor Arterial standard including, but not limited to, bike/pedestrian path, curb/gutter, and landscape boulevard. Improvements may include widening the road surface if necessary to meet those standards. A dedication of an additional ten feet of right-of-way is required to provide the required width for a minor arterial. 20. Internal streets shall be built to local and collector design standards (the collector shall be the extension of Timberwolf Parkway) pursuant to the Standards for Design and Construction including, but not limited to, sidewalks, landscape boulevard, street lights, and curb/gutter, except as modified through deviations from the standards specified herein. 21. Additional connections are required to connect to the north from Phase 5. 22. Temporary turnarounds will be required as part of the final design until such time as a connection is made in any dead-end location with the potential to be extended in the future. 23. Alleys are also included within the plan shall be maintained as private alleys. The 30-foot alley in Phase 2 will require a temporary turnaround until it can be extended. 24. The collector street name shall be Timberwolf Parkway rather than Dairyland Drive pursuant to city regulations that require extensions of roads to continue the existing street name. 25. Prior to final plat, all mitigation recommended as part of the approved traffic impact study relative to the given phase shall be completed. All improvements shall be reviewed and approved by the Public Works Department. Per the city Standards for Design and Construction, the development shall maintain or improve the existing level of service for the affected roadways rather than simply maintaining an acceptable level of service. Any improvements necessary to maintain the existing level of service will be required. 26. The traffic study also addressed the potential need for a roundabout at the intersection of Timberwolf Parkway and Stillwater Road. Per the study, the roundabout is not required at this time. However, further development on both sides of Stillwater likely means a roundabout will be necessary at some point and providing for its location at the intersection of Timberwolf Parkway with dedication of right-of-way for a future improvement is appropriate. The proposed plat shows the right-of-way dedication. In addition, a note shall be placed on the final plat waiving protest of an SID for the roundabout construction that would apply to any lots within the development. 27. Any fencing along Stillwater Road shall be reviewed and approved by the city Architectural Review Committee, which shall ensure a consistency of colors and materials to be used to present an aesthetically pleasing design. 28. The recommendations in the Geotech report shall be followed, including providing additional specific Geotech reports related to buildings and other site improvements for the subject property, which are to be reviewed and accepted by the City of Kalispell prior to construction. 29. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. 30. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 31. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the j oint 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 32. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 33. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of the common areas, including, but not necessarily limited to, roads, parks and open space. Maintenance of private roads and alleys shall include both short term and long term maintenance including, but not necessarily limited to, snow plowing, landscaping, sidewalks, street repairs, overlays, and rebuilds of the street. 34. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. 35. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision, common area, and adjoining rights -of -way. The approved landscape plan shall be implemented or a cash -in -lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 36. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat of Phase 1, and the plan shall show that the parkland dedication requirement is met for each phase. 37. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The assessments levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 38. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The assessments levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. 39. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 40. All utilities shall be installed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 41. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. SECTION 3. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 4. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS DAY OF OCTOBER, 2021. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT "A" A TRACT OF LAND, SITUATED, LYING AND BEING IN THE EAST HALF OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the northeast corner of the Northeast Quarter of the Southeast Quarter of Section 35, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana, which is a found aluminum cap on the centerline of a 60 foot declared county road known as Stillwater Road; Thence along the east boundary of said NE1/4SE1/4 and along said centerline S00°11'45"E 232.28 feet; Thence leaving said boundary and said centerline S89057' 16"W 265.61 feet; Thence S00002'44"E 130.00 feet; Thence S89057' 16"W 957.06 feet; Thence S00002'44'E 25.00 feet; Thence S89057' 16"W 99.95 feet; Thence N00°13'50"W 405.00 feet; Thence S89057' 16"W 586.74 feet; Thence N00002'44"W 1073.39 feet; Thence N89046'56"E 1910.07 feet to the east boundary of the Northeast Quarter of said Section 35 and the centerline of said Stillwater Road; Thence along said boundary and said centerline S00002'44"E 1096.85 feet to the point of beginning and containing 58.000 ACRES; Subject to and together with all appurtenant easements of record. RESOLUTION NO. 6054 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF STARLING PHASES 1-3, DESCRIBED AS A PORTION OF ASSESSOR'S TRACTS 4A AND 6 LOCATED IN THE EAST HALF OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Kilday & Stratton, the owner of the certain real property described above, has petitioned for approval of Phases 1-3 of the Subdivision Plat of said property; and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on September 14, 2021 on the proposal and reviewed Subdivision Report #KPP-21-06 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Phases 1-3 of Starling, subject to certain conditions and recommendations; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of October 4, 2021, reviewed the Kalispell Planning Department Report #KPP-21-06, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-21-06 are hereby adopted as the Findings of Fact of the city council. SECTION 2. That the application of Kilday & Stratton for approval of the Preliminary Plat of Phases 1-3 of Starling, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: The Planned Unit Development for Starling Phases 1-8 allows the following deviations from the Zoning Regulations: (1) Use: Sections 27.09.010 and 27.09.030 —Phase 3 uses may include any permitted uses allowed under B-1 zoning. Accessory dwelling units are allowed on Lots 17, 24, 25, 32, 33, and 40 in Phase 2 and future phases subject to review. ADUs would be subject to general zoning requirements as well as a requirement that (a) any lot with an ADU be a minimum width of 50 feet with a minimum depth of 100 feet; (b) they meet the setbacks for principal structures; and (c) that the parking for the ADU would be one additional parking space rather than two. The proposal would allow the ADU to be attached or detached from the principal structure. (2) Lot Area: Section 27.09.040(1) — The minimum lot size in the RA-1 is 6000 square feet minimum lot size. This deviation would allow a minimum lot size of 4000 square feet for single-family lots and a minimum lot size of 2350 square feet per unit for parent lots with townhomes/sublots. (3) Lot Width: Section 27.09.040(2) — The minimum lot width in the RA-1 zone is 50 feet. This deviation would allow a minimum width of 40 feet. (4) Setbacks: Section 27.09.040(3) — General setbacks in the RA-1 are 15 feet in the front, 5 feet on the side, 10 feet in the rear, 15 feet on the side corner, and 20 feet to the garage from a street right-of-way. This deviation would allow for a side setback of 3 feet. (5) Permitted Lot Coverage: Section 27.09.040(5) — The maximum lot coverage in the RA-1 zone is 45%. This deviation would allow a maximum lot coverage of 60%. 2. The Planned Unit Development for Starling Phases 1-8 allows the following deviations from the Kalispell Subdivision Regulations: (1) Road Sections: Section 28.3.14 — This deviation would allow three alternative road sections: (a) 80-foot urban collector with 16-foot landscape boulevards; (b) 30-foot- wide alleys; and (c) the 32 foot wide woonerf. (2) House Orientation: Section 28.3.14(F)(1) — This deviation allows homes to face Stillwater Road provided that access is provided only from the alley behind the homes. (3) Alley as Primary Access: Section 28.3.11(B) and (C) —This deviation allows homes along Stillwater Road to be accessed only from an alley. 3. The preliminary plat approval for the subdivision is not effective until the ordinance approving the PUD/zone change becomes effective. 4. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. 5. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and signed by the city and owner prior to the issuance of a building permit. 6. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell Zoning Ordinance. 7. As a PUD with an associated preliminary plat application, the abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance. 8. The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to develop a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the ponds will act as features, particularly along the roadways, rather than a private maintenance utility facility. 9. The preliminary plat approval shall be valid for a period of three years from the date of approval. 10. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. 11. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 12. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 13. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. 14. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. 15. Any water rights associated with the property shall be transferred to the City of Kalispell. The water rights shall be allocated proportionally for each phase of the development prior to final plat. 16. The developer shall submit the street designs to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction, except as otherwise provided for herein. 17. Any lot adjacent to an alley shall access the home from the alley rather than the street. 18. No individual accesses to Stillwater Road are allowed. 19. The development's frontage on Stillwater Road will shall be improved in accordance with City Design and Construction Standards to a Minor Arterial standard including, but not limited to, bike/pedestrian path, curb/gutter, and landscape boulevard. Improvements may include widening the road surface if necessary to meet those standards. A dedication of an additional ten feet of right-of-way is required to provide the required width for a minor arterial. 20. Internal streets shall be built to local and collector design standards (the collector shall be the extension of Timberwolf Parkway) pursuant to the Standards for Design and Construction including, but not limited to, sidewalks, landscape boulevard, street lights, and curb/gutter, except as modified through deviations from the standards specified herein. 21. Additional connections are required to connect to the north from Phase 5. 22. Temporary turnarounds will be required as part of the final design until such time as a connection is made in any dead-end location with the potential to be extended in the future. 23. Alleys are also included within the plan shall be maintained as private alleys. The 30-foot alley in Phase 2 will require a temporary turnaround until it can be extended. 24. The collector street name shall be Timberwolf Parkway rather than Dairyland Drive pursuant to city regulations that require extensions of roads to continue the existing street name. 25. Prior to final plat, all mitigation recommended as part of the approved traffic impact study relative to the given phase shall be completed. All improvements shall be reviewed and approved by the Public Works Department. Per the city Standards for Design and Construction, the development shall maintain or improve the existing level of service for the affected roadways rather than simply maintaining an acceptable level of service. Any improvements necessary to maintain the existing level of service will be required. 26. The traffic study also addressed the potential need for a roundabout at the intersection of Timberwolf Parkway and Stillwater Road. Per the study, the roundabout is not required at this time. However, further development on both sides of Stillwater likely means a roundabout will be necessary at some point and providing for its location at the intersection of Timberwolf Parkway with dedication of right-of-way for a future improvement is appropriate. The proposed plat shows the right-of-way dedication. In addition, a note shall be placed on the final plat waiving protest of an SID for the roundabout construction that would apply to any lots within the development. 27. Any fencing along Stillwater Road shall be reviewed and approved by the city Architectural Review Committee, which shall ensure a consistency of colors and materials to be used to present an aesthetically pleasing design. 28. The recommendations in the Geotech report shall be followed, including providing additional specific Geotech reports related to buildings and other site improvements for the subject property, which are to be reviewed and accepted by the City of Kalispell prior to construction. 29. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. 30. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 31. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature 32. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 33. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of the common areas, including, but not necessarily limited to, roads, parks and open space. Maintenance of private roads and alleys shall include both short term and long term maintenance including, but not necessarily limited to, snow plowing, landscaping, sidewalks, street repairs, overlays, and rebuilds of the street. 34. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. 35. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision, common area, and adjoining rights -of -way. The approved landscape plan shall be implemented or a cash -in -lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 36. A park plan shall be created and approved by the Parks and Recreation Directorprior to final plat of Phase 1, and the plan shall show that the parkland dedication requirement is met for each phase. 37. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The assessments levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 38. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The assessments levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. 39. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 40. All utilities shall be installed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 41. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 4TH DAY OF OCTOBER, 2021. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 14, 2021 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Doug Kauffman, Rory Young (zoom), Joshua Borgardt, George Giavasis, Kurt Vomfell and Ronalee Skees. PJ Sorensen and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Skees moved and Vomfell seconded a motion to approve the minutes of the August 10, 2021, 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. BOARD MEMBER SEATED Rory Young recused himself. KA-21-04/KPUD-21-03/KPP-21-07 A request from G23 Properties, LLC for the Parkland Meadows Planned PARKLAND MEADOWS Unit Development ("PUD"), which is a Residential Mixed Use PUD overlay on approximately 38.4 acres of land at the northeast corner of Airport Road and Cemetery Road. The proposal includes annexation of the property, initial zoning of RA-1 (Residential Apartment) on approximately 31.1 acres, and initial zoning of B-1 (Neighborhood Business) on approximately 7.1 acres, as well as major preliminary plat approval for the development. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-21-04, #KPUD-21-03 and #KPP-21-07. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-21-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be approved as detailed herein, with approximately 31.1 acres to be zoned RA-1 (Residential Apartment), and approximately 7.1 acres that will be zoned B-1 (Neighborhood Business), with a PUD overlay on the entire property. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-21-03 as findings of fact and recommend to the Kalispell City Council that the PUD for Parkland Meadows be approved subject to the conditions listed in the staff report. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-21-07 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Parkland Meadows be approved subject to the conditions listed in the staff report. Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Pagel Sorensen noted that there is a typo in Condition #1 and that staff is proposing an amendment be made to change it to read: The Planned Unit Development for Parkland Meadows allows the following deviation from the Zoning Regulations: (1) Minimum lot size: Sec 27.09.040(1) — Minimum lot size per unit as shown on the submitted plans. BOARD DISCUSSION None. PUBLIC HEARING Karissa Prewitt — 387 Cemetery Rd. — Concerned with impacts on her hay field and livestock as well as the increased traffic on Cemetery Rd. Jason Prewitt — 387 Cemetery Rd. — Asked about any proposed boundary wall to separate his property from the subdivision. Tim Wise — 2097 Airport Rd. — Concerned with proposed density, increased traffic and additional noise and the impacts on his farm. He is also concerned with the fly zone for the airport and feels the subdivision should be a no -fly zone. Toby McIntosh — 2250 Hwy 93 South — Jackola Engineering — representative for applicant, offered to answer any questions. MOTION — KA-21-04 Vomfell moved and Kauffman seconded a motion that the Kalispell City ANNEXATION Planning Board and Zoning Commission adopt amended Staff Report #KA-21-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be approved as detailed herein, with approximately 31.1 acres to be zoned RA -I (Residential Apartment), and approximately 7.1 acres that will be zoned B-I (Neighborhood Business), with a PUD overlay on the entire property. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPUD-21-03 Kauffinan moved and Vomfell seconded a motion that the Kalispell City PLANNED UNIT DEVELOPMENT Planning Board and Zoning Commission adopt amended Staff Report #KPUD-21-03 as findings of fact and recommend to the Kalispell City Council that the PUD for Parkland Meadows be approved subject to the proposed conditions, as amended, listed in the staff report. BOARD DISCUSSION Graham inquired about the no -fly zone concerns mentioned during public comment. He asked staff to speak to how the review process works. Sorensen noted that when it comes to the airport there is something referred to as the airport affected area that is tied into the city zoning ordinance and is based off the FAA model ordinance. This is used to review the fly zone and if changes need to be made. Board discussed other public concerns regarding Cemetery Rd, increased traffic, proposed screening of subdivision from neighboring Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Page 12 properties. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPP-21-07 Vomfell moved and Kauffinan seconded a motion that the Kalispell City PRELIMINARY PLAT Planning Board and Zoning Commission adopt amended staff report #KPP-21-07 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Parkland Meadows be approved subject to the proposed conditions, as amended, listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Rory Young re -seated. KZC-21-0I/KPUD-21-02/KPP-21-06 A request from Kilday & Stratton for the Starling Phases 1-8 Planned STARLING PHASES 1-8 Unit Development ("PUD"), which is a Residential Mixed Use PUD overlay on approximately 58.0 acres of land on the west side of Stillwater Road to the west of Timberwolf Parkway. The property was previously annexed with an R-3 (Residential) underlying zone and has an expired PUD overlay over the full section of land. This proposal would rezone the 58.0 acres to RA-1 (Residential Apartment) with a new PUD overlay for the subject property. The proposal includes a proposed preliminary plat for Phases 1-3 of the project, which encompasses 20.84 acres of land. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KZC-21-01, #KPUD-21-02 and #KPP-21-06. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-21-01 as findings of fact and recommend to the Kalispell City Council that the zoning for the entire 58.0 acres of the property be changed from R-3 (Residential) to RA-1 (Residential Apartment), with a PUD overlay. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-21-02 as findings of fact and recommend to the Kalispell City Council that the PUD for Starling Phases 1-8 be approved subject to the conditions listed in the staff report. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-21-06 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Starling Phases 1-3 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed subdivision access, sidewalk along Stillwater Rd and lot sizes. PUBLIC HEARING Greg Stratton — 2880 Technology Blvd West — Applicant for project, offered to answer questions for the board. Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Page13 MOTION — KZC-21-01 Kauffman moved and Borgardt seconded a motion that the Kalispell City ZONE CHANGE Planning Board and Zoning Commission adopt Staff Report #KZC-21- 01 as findings of fact and recommend to the Kalispell City Council that the zoning for the entire 58.0 acres of the property be changed from R-3 (Residential) to RA-1 (Residential Apartment), with a PUD overlay. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPUD-21-02 Skees moved and Borgardt seconded a motion that the Kalispell City PLANNED UNIT DEVELOPMENT Planning Board and Zoning Commission adopt Staff Report #KPUD-21- 02 as findings of fact and recommend to the Kalispell City Council that the PUD for Starling Phases 1-8 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Graham noted for the public that the reason there is not always a lot of discussion on these large PUD's is because most discussion is done at the Work Session. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPP-21-06 Vomfell moved and Kauffman seconded a motion that the Kalispell City PRELIMINARY PLAT Planning Board and Zoning Commission adopt staff report #KPP-21-06 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Starling Phases 1-3 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KZTA-21-03 — MARIJUANA A request from the City of Kalispell for a zoning text amendment DISPENSARIES specifying appropriate zones, criteria and definitions for marijuana dispensaries, cultivation, and processing. The text amendment is necessary to address recent changes in state law which will become effective at the end of the year. The proposal would add new use categories for marijuana dispensaries, marijuana cultivation, and marijuana manufacturing, along with related definitions. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KZTA-21-03. Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA-21-03 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. BOARD DISCUSSION Board discussed parking requirements as well as use requirements. Skees noted for the public that this item has been through numerous work sessions. Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Page 14 PUBLIC HEARING None. MOTION Kauffman moved and Borgardt seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt the findings in staff report KZTA-21-03 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. BOARD DISCUSSION Vomfell noted that he believes that restrictions on dispensaries should be no different than liquor stores, and does not support the administrative CUP or additional buffering requirements. ROLL CALL Motion passed 6-1 on a roll call vote (Vomfell voted against). OLD BUSINESS Staff updated board on recent City Council approvals. NEW BUSINESS Staff updated board on the October 12t1i Planning Board Agenda. ADJOURNMENT The meeting adjourned at approximately 7:37pm. Chad Graham President APPROVED as submitted/amended: Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of September 14, 2021 Page 15 STARLING PHASES 1-8 PUD ZONE CHANGE - STAFF REPORT #KZC-21-01 PLANNED UNIT DEVELOPMENT - STAFF REPORT #KPUD-21-02 MAJOR SUBDIVISION - STAFF REPORT #KPP-21-06 KALISPELL PLANNING DEPARTMENT SEPTEMBER 8, 2021 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from Kilday & Stratton for a zone change, a Planned Unit Development (PUD) overlay, and major preliminary plat (for Phases 1-3 out of eight) on approximately 58.0 acres. A public hearing has been scheduled before the Planning Board for September 14, 2021, 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 Kilday & Stratton has submitted an application for the Starling Phases 1-8 Planned Unit Development ("PUD"), which is a Residential Mixed Use PUD overlay on approximately 58.0 acres of land on the west side of Stillwater Road to the west of Timberwolf Parkway. The property was previously annexed with an R-3 (Residential) underlying zone and has an expired PUD overlay over the full section of land. This proposal would rezone the 58.0 acres to RA-1 (Residential Apartment) with a new PUD overlay for the subject property. The proposal includes a proposed preliminary plat for Phases 1-3 of the project, which encompasses 20.84 acres of land. Phases 1 and 2 contain approximately 14.9 acres and include 77 residential lots and sublots (37 single-family and 40 townhome lots). Phase 3 is a single lot plus common area totaling approximately 5.9 acres (2.75 acres of developable area and 3.18 acres of common area) with proposed uses potentially including up to 35 multi -family dwelling units, a combination of live/work units and office space, or small-scale neighborhood retail. A: Applicant: Kilday & Stratton 2880 Technology Blvd West Kalispell, MT 59901 B: .er Road between Four Mile Drive and West Reserve Drive. It can be described as a portion of Assessor's Tracts 4A and 6, located in the East half of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. 1 C: Existing Land Use and Zoning: The subject property is currently vacant, but has a history of agricultural use as farmland. The current zoning for the property is city R-3 (Residential) with a PUD placeholder overlay. The full section of land was annexed in 2007 with a PUD overlay with provided for approximately 3000 residential units and mixed commercial use. The PUD was not developed and has since expired, which puts a placeholder designation on the property. That designation means that no development can occur on the property without a new PUD. Recently, in August 2020, there was another mixed -use development approved to the south of this project at the intersection of Four Mile and Stillwater Road that was also part of the original PUD. AL Kalispell Zoning Exhibit -July 12th, 2021 NORTH Starlin - Section 35 Tracts 4A & 6 ® sdleci Properly Neighbxh-d B-neu - Residendal H ��<� ccunty J ResidendalrProfessi—d cqr— - Central 6usness H - Residend.IApartrnent rRI tn - Residmb3IAparmVffiiw pip �g � General Busness - Cane Area Sminess R- dendal R. yP{I0 P.M. R-VPUD o R.q!PUB � f }JtH� s W FOUR MULE DR A-O�PU a-z J croUPIlr Date: July 12th 2B21 Kalispell Development Services Fie Path= J13Y211f7712h721 o sca o 00 oFeH D. Size: The subject property is approximately 58.0 acres (proposed PUD is only a portion of the overall subject property). E: Adjacent Zoning: North: R-3/PUD East: County AG-80; City R-5/PUD and R-4/PUD South: R-3/PUD; RA-1/PUD West: R-3/PUD F: Adjacent Land Uses: North: Vacant farmland East: Glacier High School; office; vacant land South: Vacant farmland; multi- family and single family residential West: Vacant farmland 2 G. Proposed Zoning: The proposed zoning of the property is RA-1 (Residential Apartment) for the full 58.0 acres of the development along with a PUD overlay. H: General Land Use Character: The subject property is on the west side of Stillwater Road between Reserve and Four Mile Drive. It is in a transitional area between high - density residential development, office, and commercial use to the east, and rural agricultural/large tract single-family homes to the west. The predominant use in the area is Glacier High School to the northeast of the property. A new multi -family project is under construction to the south. Kalispell Growth Policy Exhibit- July 12th, 2021 N RTH Starling - Section 35, Tracts 4A $ 6 ® su*'d P-P" - C.—VA z� Urban o �u 0Residential J Neighbariwod C.—cial CD C - Industrial Urban reed Use �6 Cr High -High D—iy Residential LL y Density Urban Residential — Residential Sububan Residential D RESERVE — City Airport -Gm PubiidOuasi Public, Openspace Fkd.ay Urban Residential U rba Mixed Use N Q [p = >Z 7 ix a J FOUR YILE DR "t y 1 �*LLOW' Suburban I � Ar Residential Date: Jury 12ut, 21121 Kalispell Development Services FlePafi: J137211ff1l., KALISPELL L• Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential. The proposed RA -I zone 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. Chapter 4B on Business and Industry provides for neighborhood commercial areas designed to address the daily needs of the immediate neighborhood. While the proposal does not include any commercial zoning, it does include a potential mixed -use area. City services including sewer, water and streets are in the vicinity and available to the subject property. 3 J: Availability of Public Services and Extension of Services: Water and sewer services are available to the property. Water service is located within Stillwater Road and the Westside Interceptor was extended through the property providing access to sewer service. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District 91 (West Valley)/Glacier High School Fire: City of Kalispell Police: City of Kalispell SUBJECT PROPERTY L 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-3 (Residential) with a placeholder PUD overlay. The proposed zoning of the property is RA-1 (Residential Apartment) with a PUD overlay. The RA-1 area would consist of approximately 58.0 acres. The RA-1 zone is "a residential district intended to provide for urban areas for multi -family use and compatible non-residential uses of medium land use intensity. It should be 4 served with all public utilities and be in close proximity to municipal services, parks or shopping districts. This zoning district would typically be found in areas designated as urban residential or high density residential on the Kalispell Growth Policy Future Land Use Map." 1. Does the requested zone comply with the growth policy? The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential. The proposed RA-1 zone 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. Chapter 4B on Business and Industry provides for neighborhood commercial areas designed to address the daily needs of the immediate neighborhood. While the proposal does not include any commercial zoning, it does include a potential mixed -use area. 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? Abelin Traffic Services prepared a traffic impact study in August 2021 for the proposed project. The traffic impact study analyzed the full buildout of the proposed development. The traffic study was prepared using standard techniques to forecast traffic volumes and operations at the approaches onto Stillwater Road, as well as nearby intersections. The study concluded that Starling "will increase traffic volumes on the surrounding road network but will not require any special roadway improvement to create additional capacity. . .. The developers should consider creating a crosswalk at the Timberwolf Parkway intersection to provide access to Glacier High School from the development site. This crosswalk should include overhead lighting for night-time visibility." Those recommendations should be implemented. It should be noted that per the city Standards for Design and Construction, the development shall maintain or improve the existing level of service for the affected roadways rather than simply maintaining an acceptable level of service. Any improvements necessary to maintain the existing level of service will be required. The traffic study also addressed the potential need for a roundabout at the intersection of Timberwolf Parkway and Stillwater Road. The roundabout is included in the currently proposed transportation plan. Per the study, the roundabout is not required at this time and future development patterns may indicate that the intersection with Wolfpack Way might eventually be a better location. Nevertheless, further development on both sides of Stillwater likely means a roundabout will be necessary at some point and providing for its location at the intersection of Timberwolf Parkway with dedication of right-of-way for a future improvement is appropriate. The proposed plat shows the right-of-way dedication. There should also be a waiver of protest of an SID for the roundabout construction that would apply to any lots within the development. There are recommended conditions of approval which address those issues. 5 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, safe . and general welfare? As with safety from fire and other dangers, the general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses when the property is developed. In this case, the requested zoning classifications of RA-1, particularly in conjunction with the PUD overlay, will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity. 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance and PUD to ensure adequate light and air is provided. 6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are available to the property. Specific details for provision of services are addressed as part of the PUD and preliminary plat 7. Will the requested zone promote compatible urban growth? The subject property is on the west side of Stillwater Road between Reserve and Four Mile Drive. It is in a transitional area between high -density residential development, office, and commercial use to the east, and rural agricultural/large tract single-family homes to the west. The predominant use in the area is Glacier High School to the northeast of the property. A new multi -family project is under construction to the south. The development trend in the area is towards a mix of single-family, multi -family, and commercial/office uses. It is expected that additional development will occur in the vicinity that would continue that trend and this zone would fit within that type of development. 8. Does the requested zone give consideration to the character of the district and its particular suitabili . for particular uses? The proposed RA-1 zoning districts is consistent with the development trends of the area. It also gives due consideration of the suitability of this property for the allowed uses in the zoning district, such as proximity of city services. 6 9. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the RA-1 zone will promote compatible and like uses on this property as are likely to develop on other properties in the area. Future development in the area will be reviewed for compliance with the dimensional standards and design review criteria to ensure its appropriateness for the area and compatibility with the surrounding neighborhoods as they develop. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale development should be encouraged in areas where services and facilities are available. In this case, sanitary sewer exists on the site and water is adjacent to the property. The proposed zoning is consistent with the proposed growth policy future land use designation and is compatible with current zoning in the immediate area. IL EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL The intent of a PUD district is to serve as an overlay zoning district. The district shall function in concert with one or more of the underlying zones to provide a comprehensive, integrated development plan which will serve to modify the underlying zone and, where appropriate, subdivision standards with the intent of providing flexibility of architectural design and density as well as providing the option to mix land uses and densities while preserving and enhancing the integrity and environmental values of an area. The Starling Phases 1-8 PUD would provide a layout of 58.0-acres, providing a mixture of single-family, townhome, and potential neighborhood commercial development. The PUD will be a residential mixed -use PUD and function in concert with the proposed RA -I underlying zones. nc►nrn' MAC f Scale I— IOW' -..��_�r l IM �u A ir��urr ■ .�a ; '.WT 'n xs xm, ... Tonl A— %ow -A. fUm�n,m Art.. MO. 4c vr—­r �w STARLING PHASES 1-8 Iwa1M d Pk'E �• 55, T.1lK, ILStw, P.u,a„ iL1Yed C.o•ry, Mo.�. Sections 27.19.020(4) of the zoning regulations provide that the planning board shall review the PUD application and plan based on the following criteria: A. The compliance of the proposed PUD with the city growth policy and, in particular, density and use policies of the plan. The proposed development is located within the Urban Residential land use category. The proposed RA-1 zoning district fits within that designation. The Kalispell Zoning Ordinance states that the RA-1 Zoning District would typically be found in areas designated as urban residential or high density residential (Sec 27.09.010). The Kalispell Growth Policy Plan -IT 2035 and the zoning would contemplate urban residential neighborhoods at densities of up to twelve dwelling units per gross acre. The overall density within the RA-1 residential area of the PUD would be about 4.6 units per acre based on 269 total units. The Kalispell Growth Policy Future Land Use Map designations are consistent with the proposed zoning and PUD. The Kalispell Growth Policy Plan -It 2035 also includes the following policies: 8 Chapter 4, Land Use Housing (9): On larger tracts of land, creative design and a mix of housing types is encouraged within the overall density requirements to create more dynamic neighborhoods, to provide more open space, and to protect sensitive resource areas. Chapter 4, Land Use Housing (14): A variety of housing types and compatible land uses are encouraged in residential areas and should be designed to fit scale and character of the neighborhood. Where necessary, developers should utilize the Planned Unit Development (PUD) process to craft development proposals that are both innovative and creative, while maintaining the integrity and values of the community. Chapter 4, Land Use Business and Industry (la): Establish neighborhood commercial areas designed to provide convenient goods and services that address the daily needs of the immediate neighborhood. Chapter 4 Business and Industry (Urban Mixed -Use areas, 4b) - A complete system of pedestrian and bike paths is important in mixed use areas. The proposal calls for a primarily single-family and townhome development with some multi- family, as well as a potential mix of neighborhood scale commercial uses on 58.0 acres. There are bike and pedestrian paths that would extend throughout the development and along the Stillwater Road frontages which connect to the greater community. The requested PUD can be found to comply with the Urban Residential, High Density Residential and Neighborhood Commercial land use designations, as well as policies found within the Housing and Business and Industry sections of the Kalispell Growth Policy Plan -It 2035. B. The extent to which the PUD departs from the underlying zoning and the reasons why such departures are or are not deemed to be in the public interest, and the mitigating conditions that the PUD provides to address the deviations. (1) Use: Sections 27.09.010 and 27.09.030 — The applicants requested a deviation related to use. Under the zoning ordinance, any permitted or conditionally permitted use is considered a permitted use within the PUD. Any conditionally permitted use with specified conditions under the ordinance must still meet those standard conditions (for multi -family, there are conditions for recreational amenities and pedestrian connectivity). In that sense, the requested deviations for townhome configurations of three or more units, multi -family dwellings (i.e. 35 units in Phase 3), and accessory dwelling units ("ADUs") are not required. It is still necessary to specify that Phase 3 of the development includes potential live/work units, office space, and small-scale neighborhood retail. In order to accommodate those uses, a deviation allowing for B-1 permitted uses in addition to all RA-1 uses on the Phase 3 lot is necessary. As a mixed -use PUD, B-1 types of uses fit 9 within the intent of the overlay and furthers the growth policy goal of providing neighborhood scale commercial in areas that serve the surrounding residences. Additionally, the proposal includes certain parameters for allowed ADUs, including specified lots in Phase 2 (Lots 17, 24, 25, 32, 33, and 40), a requirement that any lot with an ADU be a minimum width of 50 feet with a minimum depth of 100 feet, that they meet the setbacks for principal structures, and that the parking for the ADU would be one additional parking space. The proposal would allow the ADU to be attached or detached from the principal structure. ADUs were recently approved in duplex zones throughout the city, including the RA-1. The primary differences between the general standard and the proposed deviation are the reduction to one parking space instead of two and that the general zoning definition is a detached structure. Generally speaking, an ADU is a smaller dwelling unit that tends to have fewer residents than a typical single-family home, which has a parking requirement of two. Given the limitation of the number of ADUs (six within Phase 2), the reduction would have a limited impact, if any, on the surrounding neighborhood. The deviation request relating to use as it pertains to the use of the Phase 3 lot and ADUs is appropriate. (2) Lot Area: Section 27.09.040(1) — Lot sizes throughout the development are less than the 6000 square foot minimum lot size. Phases 1-3 lots range from 4000 square feet to 6000 square feet. Townhome sublots in those phases range from 1263 to 4792 square feet (minimum lot size for townhomes is based on the parent lot and would typically average at least 3000 square feet). The smaller lot sizes are a reflection of the overall design of the project, which utilizes open space in conjunction with areas of higher density within the project. The overall density within the development (4.6 units per acre) would be within the allowable density as an RA-1 PUD (20 units per acre) and the growth policy (12 units per acre). The deviation request is appropriate. (3) Lot Width: Section 27.09.040(2) — Single-family lots in the development are as narrow as 40 feet. Sublots are as narrow as 14 feet wide. As with lot area, the narrower widths are a reflection of the overall design and the lots fit within the allowable density. The narrower lots place a premium on taking steps to minimize the impact on the streetscape in terms of guest parking, snow storage, etc. The majority of lots are served by an alley. The proposal would require any lot with an alley to access the home from the alley rather than from the street. That requirement provides more on -street parking and snow storage capacity, and maintains the streetscape for a better pedestrian environment. Additionally, several of the common areas adjacent to alleys with smaller sublots also include shared parking off of the alley. Provided that the impacts of the lot widths are mitigated through alley access, the deviation request is appropriate. (4) Setbacks: Section 27.09.040(3) — General setbacks in the RA-1 are 15 feet in the front, 5 feet on the side, 10 feet in the rear, 15 feet on the side corner, and 20 feet to the garage from a street right-of-way. The measurements are from the property line to the furthest extent of the building, typically the eave or a deck. The application requests 5 feet on the 10 side to the building face with allowable encroachments up to 2 feet into the setback. For consistency with city regulations, the side setback should be 3 feet to the furthest extension. Again, this request is a result of the smaller lot size/width tied to the overall design and the deviation request (3 feet to the furthest extension of the building to the property line) is appropriate. (5) Permitted Lot Coverage: Section 27.09.040(5) — The maximum lot coverage in the RA-1 zone is 45%; the applicant has requested a deviation to 60%. Lot coverage includes all structures on the property (exempting 2 feet of eaves and open decks under 30 inches in height). It does not include driveways, concrete patios, or sidewalks. The smaller lot sizes in the development leads to a need for more lot coverage to build homes with typical dimensions. Since the overall density is compliant, this deviation is more about clustering homes on smaller individual lots (where lot coverage would apply) while maintaining overall open space and the deviation request is appropriate. C. The extent to which the PUD departs from the subdivision regulations (if subdivision is anticipated) and the public works standards for design and construction applicable to the subject property, the reasons why such departures are deemed to be in the public interest, and the mitigating conditions that the PUD provides to address the deviations; (1) Road Sections: Section 28.3.14 — Per the application, there are three road sections that "T F vary from the typical W:-.......... W:::::. sections contained in _ _ _ L• _ _ _ _ _ _ __,_ _ the Kalispell - H-LT Standards for Design ELE 7E - E E and Construction. ALLEY TYPICAL SECTION One is the urban collector, which is typically a 60 foot wide right-of-way. ' HT F The proposal is for 80 feet providing for 16- --,`--- foot -wide landscape H-LT boulevards rather than HE - E ELE T - E the standard 6 foot. - ALLEY 30' ROW SECTION The other two sections are a wider alley and a woonerf. The 30-foot alleys are in Phases 1 and 3 parallel to Stillwater Road and include a 16-foot-wide pavement section. The city standard is a 20-foot alley and a 12-foot paved section. The wider cross section provides better access for the lots served by the alley. The woonerf section is a 32-foot right-of-way. It has a 17-foot-wide pavement section, sidewalk on one side, and parking/green spaces on the other side. All alleys and woonerfs are to be open to the public, but privately owned and maintained. 11 '•ICHT 'T WA- #.' ETE �..:kl'.:;,r.:LP.',TE•'. E.' .-.il I,:; :'<EE A;t -,HAJ E.; WOONERF TYPICAL SECTION The wider collector allows for an elevated design with a substantial increase in landscaped area and is an appropriate deviation. The wider alley also provides an elevated design, although that is in large part due to the fact that it provides the only access to the lots on the eastern side of the alley, which is addressed in more detail below. In terms of the road section itself, the deviation is appropriate. The woonerf design is an increasingly popular alternative that is intended to provide a community feel within the woonerf area by facing the homes towards a common landscaped courtyard. The intial phases do not include a woonerf, the PUD plans show a potential location in Phase 6. As a component within the overall development, the woonerf provides an alternative housing option and the deviation request is appropriate. (2) House Orientation: Section 28.3.14(F)(1) — Lots along streets such as Stillwater Road are supposed to be oriented inward with the rear towards the street. The purpose is for access to the lot to come from within the subdivision rather than from the arterial. In this case, while the front of the house is oriented towards Stillwater Road, there will not be any individual access to Stillwater with access coming from the 30-foot alley serving the lots. In addition, with the water services coming off of the main within Stillwater, Public Works requirements state that the house would need to face in that direction. As such, this deviation request is appropriate. (3) Alley as Primary Access: Section 28.3.11(B) and (C) — Under both the subdivision regulations and the zoning regulations (Section 27.20.140), an alley should normally not serve as the primary access to a lot. The homes along Stillwater Road would only be accessed from the alley. In this situation, the purpose of the elevated alley design is to provide better access to the lots it serves. The design includes a landscape buffer along Stillwater Road and landscaped common area between each set of attached townhomes, with shared overflow parking off of the alley. The elevated design aspects mitigate the issues related to the access and the deviation request is appropriate. 12 D. The overall internal integrity of the PUD including the appropriate use of internal design elements, the use of buffers between different land uses, the use of transitions between uses of greater and lesser intensity, the use of enhanced design features to provide connectedness for both vehicle and pedestrian traffic throughout the PUD and the use of innovative and traditional design to foster more livable neighborhoods; The PUD is planned as a community that includes primarily single-family/townhouse uses, mixed with multi -family and neighborhood scale commercial. The project shifts density within the development to allow for areas of parks and open space. The higher density areas are closer to the existing arterial road on the east side of the project and lessens moving to the west. In addition to sidewalks, there are interconnecting trails running through common open space. The overall design includes a mix of traditional and innovative street designs intended to create a better feeling of community for the residents. The submitted plan does not indicate that fencing will be included as part of the project. However, if any fencing is to be constructed as part of the development along Stillwater Road, it will need to comply with height and location zoning standards and should be a consistent design throughout the development. Any fencing will be required to be reviewed and approved by the city Architectural Review Committee, which shall ensure a consistency of colors and materials to be used to present an aesthetically pleasing design. E. The nature and extent of the common open space in the planned development project, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; The plan includes two homeowners' parks, one being 3.1 acres in size and the other 2.8 acres in size, in addition to common areas with walking paths. Subdivision regulations require a minimum of 0.03 acres of parkland per dwelling unit, or 7.02 acres for the single- family/townhome lots (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 parks will include amenities that will be determined during the course of the detailed subdivision design review, but it is anticipated that the linear parks will include seating/picnic areas, and the parks may include raised berms for sledding/tumbling, play fields, trees, a community garden, and a pavilion. With multi -family developments, the zoning ordinance requires recreational amenities equal to 500 square feet of land or the equivalent value in amenities that will need to be provided in conjunction with the development of any multi -family project. The proposal includes covenants and a management plan providing for maintenance of the shared facilities. 13 F. The manner in which said plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light or air, recreation and visual enjoyment; Public service facilities and infrastructure are adequate for the development of this site. Any new improvements to the property such as internal roads, storm water facilities and water/sewer connections would be installed in accordance with city policies and standards at the developers' expense. A Traffic Impact Study was completed by the developer and outlined below. Water: Water to the subdivision will be provided by the City of Kalispell. The developer will tie into an existing water main extension that cans within Stillwater Road and extend the main through the development. Per the water facility plan update, it appears that the main extension from Timberwolf Parkway will need to be a 12-inch main. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision under the Standards for Design and Construction. There is adequate capacity within the city's water system to accommodate this subdivision. Sewer: Sewer to the subdivision will be provided by the City of Kalispell. The developer will tie into the existing Westside Interceptor that goes through the property and extend sewer mains through the development. The sewer system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision under the Standards for Design and Construction. There is adequate capacity within the city's sewer system to accommodate this subdivision. 14 Solid Waste: Solid waste collection can be provided throughout the subdivision by the City of Kalispell. Specific designs of the garbage enclosures and collection areas for the multi- family/commercial area will be reviewed in conjunction with the building permit and site review process for the buildings. Access and Roads: There are two street accesses proposed connecting to Stillwater Road. One is across from Timberwolf Parkway and will be an 80-foot collector street. The proposed transportation plan calls for a roundabout at that intersection. It does not appear to be currently warranted, although it likely eventually will be as further development occurs. Right-of-way should be dedicated to provide sufficient area for the roundabout when warranted. The second access is to the south of Timberwolf and would be a local street. No individual accesses to Stillwater Road would be allowed. The development's frontage on Stillwater Road will need to be improved in accordance with City Design and Construction Standards to a Minor Arterial standard including, but not limited to, bike/pedestrian path, curb/gutter, and landscape boulevard. The minor arterial classification is specified in the recently adopted Transportation Plan. Improvements may include widening the road surface if necessary to meet those standards. A dedication of an additional ten feet of right-of-way will be required to provide the required width for a minor arterial. Internal streets would include streets built to local/collector design standards pursuant to the Standards for Design and Construction including, but not limited to, sidewalks, landscape boulevard, street lights, and curb/gutter. Provisions for possible connections to adjoining properties are included in the design, although one to two additional connections need to be made to the north from Phase 5. Temporary turnarounds may be required as part of the final design until such time as a connection is made. Alleys are also included within the plan (both 20 foot wide and 30 foot wide) and will be maintained as private alleys. The 30-foot alley in Phase 2 will require a temporary turnaround until it can be extended. The design of the 30-foot wide alleys, as well as the woonerf design in certain areas of the development, are part of the design requirement deviations discussed in this report. As a note, the collector street name will need to be Timberwolf Parkway rather than Dairyland Drive pursuant to city regulations that require extensions of roads to continue the existing street name. Control over vehicular traffic: Abelin Traffic Services prepared a traffic impact study in August 2021 for the proposed project. The traffic impact study analyzed the full buildout of the proposed development. The traffic study was prepared using standard techniques to forecast traffic volumes and operations at the approaches onto Stillwater Road, as well as nearby intersections. The study concluded that Starling "will increase traffic volumes on the surrounding road network but will not require any special roadway improvement to create additional capacity.... The developers should consider creating a crosswalk at the Timberwolf Parkway intersection to provide access to Glacier High School from the development site. This crosswalk should include overhead lighting for night-time visibility." Those recommendations should be implemented, particularly given the estimated 42 students that would attend Glacier High School from the 15 neighborhood. It should be noted that per the city Standards for Design and Construction, the development shall maintain or improve the existing level of service for the affected roadways rather than simply maintaining an acceptable level of service. Any improvements necessary to maintain the existing level of service will be required. The traffic study also addressed the potential need for a roundabout at the intersection of Timberwolf Parkway and Stillwater Road. The roundabout is included in the currently proposed transportation plan. Per the study, the roundabout is not required at this time and future development patterns may indicate that the intersection with Wolfpack Way might eventually be a better location. Nevertheless, further development on both sides of Stillwater likely means a roundabout will be necessary at some point and providing for its location at the intersection of Timberwolf Parkway with dedication of right-of-way for a future improvement is appropriate. The proposed plat shows the right-of-way dedication. There should also be a waiver of protest of an SID for the roundabout construction that would apply to any lots within the development. Storm Water: Roadways will be paved and curb/gutter will channel runoff to designed low points, where storm water will be collected and routed to storm water ponds. Any open storm water facilities should have an elevated aesthetic design to be reviewed and approved by the city Architectural Review Committee. 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. Additionally, prior to development of the subdivision or receiving any building permits, the developer will need to submit a construction storm water management plan to the Public Works Department. This plan will need to show how storm water will be treated and where it will be directed during construction activities. Schools: The property is within the boundaries of School District 91 (West Valley) and Glacier High School. On average, it would be anticipated that there would be about 135 students (K-12) from Phases 1-8 at full build -out. Section 76-3-608(1) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this development. Additionally, the road network to the subdivision provides adequate access for fire protection. As part of subdivision review and site review for the multi-family/neighborhood commercial area, fire protection, including fire flow and hydrant location, will be reviewed. Fire station 62 is located approximately 0.9 miles away providing good response time. Parks: The plan includes two homeowners' parks, one being 3.1 acres in size and the other 2.8 acres in size, in addition to common areas with walking paths. Subdivision regulations require a minimum of 0.03 acres of parkland per dwelling unit, or 7.02 acres for the single- family/townhome lots (or the equivalent value in land with improvements). Each phase will be 16 required to provide at least the minimum amount of parkland to support that phase. The parks will include amenities that will be determined during the course of the detailed subdivision design review, but it is anticipated that the linear parks will include seating/picnic areas, and the parks may include raised berms for sledding/tumbling, play fields, trees, a community garden, and a pavilion. With multi -family developments, the zoning ordinance requires recreational amenities equal to 500 square feet of land or the equivalent value in amenities that will need to be provided in conjunction with the development of any multi -family project. The proposal includes covenants and a management plan providing for maintenance of the shared facilities. G. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established; The subject property is located within Section 35. The entire section of land was included within an approved PUD called Starling in 2007. It included approximately 3000 lots. This prior PUD encompassed land to the north, south, and west. While various factors paused the development, it is now moving forward in a similar, but somewhat different format. Recently, the southeastern corner of the section was approved for a residential mixed -use PUD with single-family and multi -family uses. The property to the east is Section 36, which is DNRC School Trust land that has been developed and is continuing to be developed with commercial, office, and residential uses, plus Glacier High School. The surrounding area has infrastructure and supporting uses that would function well with the proposed development. H. In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the plan which finding shall be made only after consultation with the city attorney; The plan includes eight phases of development, with the first three phases part of the initial preliminary plat. It is possible that all of the initial three phases may develop at the same time. The developer will need to submit for preliminary plat review prior to developing Phases 4-8. Section 27.19.020(10) of the zoning ordinance outlines procedures for abandonment/expiration to be followed if the PUD fails to comply with a completion schedule. Part of the requirements of the PUD is that the developer would enter into an agreement with the City of Kalispell to adequately ensure that the overall integrity of the development, the installation of required infrastructure, architectural integrity and proposed amenities, are accomplished as proposed. A recommended condition of approval for the PUD would require this agreement be in place prior to filing the final plat for the first phase of the project. L Conformity with all applicable provisions of this chapter. Section 27.19.030(4) of the zoning ordinance allows for Residential Mixed -Use PUDs in RA-1 zones with a minimum of 5 developable acres, with the commercial component not to exceed 35% of the developable area. Density should not exceed 20 dwelling units per acre. The development contains 58 acres. Phase 3, which is the only area commercial would be allowed, is 2.749 acres (not including park area), or about 4.7%. Density in the residential area is about 4.6 17 units per acre. The proposal meets those requirements. Under that section, the predominant land use character of the PUD must be residential. Commercial uses should primarily be sized and located to address the needs of the immediate neighborhood, and incompatible commercial uses are not permitted. The limited area restricted to B-1 permitted uses is consistent with that requirement. No other specific deviations from the Kalispell Zoning Ordinance or Subdivision Regulations can be identified based upon the information submitted with the application other than those addressed in this report. III. REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT ��. STARLING PHASES 1-3 _ r ' _ _ �I, I The preliminary plat submitted with the application includes only a portion of the property within the PUD — 20.84 acres out of the 58.0 acres overall. A. Effects on Health and Safety: Fire: The property would be considered to be at low risk of fire because any building constructed within the subdivision would be built in accordance with the International Fire Code and have access which meets city standards. The area to be built upon does not have steep slopes or woody fuels. Hydrants will be required to be placed in compliance with the requirements of the Uniform Fire Code and approved by the Fire Chief. 18 Access: The access to the development will be from two street connections from Stillwater Road. Access and roads are discussed in more detail in part D below relative to effects on local services. Geology: The overall site is generally flat without any major topographical or geological features limiting development. A Geotech report was prepared in 2007 by CMG Engineering covering the entire section and found no significant issues for development. It also determined that groundwater was more than ten feet below the surface based on the testing done at that time. However, it does contain recommendations which should be followed in the course of construction, including additional specific Geotech reports related to buildings and other site improvements. A cover letter from Slopeside Engineering dated September 7, 2021, confirmed that the original Geotech report "can be relied upon for site assessment and planning purposes. However, the original report covered the entire Section and additional detailed study pertaining to the subject property is necessary prior to proceeding with detailed engineering design and construction. B. Effects on Wildlife and Wildlife Habitat: There are no water features on or adjacent to the property which would provide aquatic and riparian habitat. There also does not appear to be any significant wildlife impacts. The Resources and Analysis Section of the Kalispell Growth Policy includes information from the Montana Department of Fish, Wildlife and Parks relating to deer, elk and moose habitat. As with the majority of the Kalispell area outside of the core downtown, the maps show a whitetail deer density of 5 to 30 per square mile, but no significant elk or moose habitat. 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. Per the Geotech report, the static groundwater is at least 10 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 the city Architectural Review Committee. 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. A condition of approval requires that a property owners' association be created for the maintenance of the common area which would include the common area drainage easements. As part of the storm easement areas, the association will be required to mow the area to reduce fire hazard and reduce spread of noxious weeds. 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 19 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. D. Effects on Local Services: Water: Water to the subdivision will be provided by the City of Kalispell. The developer will tie into an existing water main extension that runs within Stillwater Road and extend the main through the development. Per the water facility plan update, it appears that the main extension from Timberwolf Parkway will need to be a 12-inch main. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision under the Standards for Design and Construction. There is adequate capacity within the city's water system to accommodate this subdivision. Proportionate water rights shall be dedicated to the City of Kalispell per Section 28.3.08 of the subdivision regulations. Sewer: Sewer to the subdivision will be provided by the City of Kalispell. The developer will tie into the existing Westside Interceptor that goes through the property and extend sewer mains through the development. The sewer system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision under the Standards for Design and Construction. There is adequate capacity within the city's sewer system to accommodate this subdivision. Access and Roads: There are two street accesses proposed connecting to Stillwater Road. One is across from Timberwolf Parkway and will be an 80-foot collector street. The proposed transportation plan calls for a roundabout at that intersection. It does not appear to be currently warranted, although it likely eventually will be as further development occurs. Right-of-way should be dedicated to provide sufficient area for the roundabout when warranted and there is a recommended condition to that effect. The second access is to the south of Timberwolf and would be a local street. No individual accesses to Stillwater Road would be allowed. The development's frontage on Stillwater Road will need to be improved in accordance with City Design and Construction Standards to a Minor Arterial standard including, but not limited to, bike/pedestrian path, curb/gutter, and landscape boulevard. The minor arterial classification is specified in the Transportation Plan update scheduled to be adopted on September 7. Improvements may include widening the road surface if necessary to meet those standards. A dedication of an additional ten feet of right-of-way will be required to provide the required width for a minor arterial. Internal streets would include streets built to local/collector design standards pursuant to the Standards for Design and Construction including, but not limited to, sidewalks, 20 landscape boulevard, street lights, and curb/gutter. Provisions for possible connections to adjoining properties are included in the design, although one to two additional connections need to be made to the north from Phase 5. Temporary turnarounds may be required as part of the final design until such time as a connection is made. Alleys are also included within the plan (both 20 feet wide and 30 feet wide) and will be maintained as private alleys. The 30-foot alley in Phase 2 will require a temporary turnaround until it can be extended. The design of the 30-foot wide alleys, as well as the woonerf design in certain areas of the development, are part of the design requirement deviations discussed in this report. As a note, the collector street name will need to be Timberwolf Parkway rather than Dairyland Drive pursuant to city regulations that require extensions of roads to continue the existing street name. Abelin Traffic Services prepared a traffic impact study in August 2021 for the proposed project. The traffic impact study analyzed the full buildout of the proposed development. The traffic study was prepared using standard techniques to forecast traffic volumes and operations at the approaches onto Stillwater Road, as well as nearby intersections. The study concluded that Starling "will increase traffic volumes on the surrounding road network but will not require any special roadway improvement to create additional capacity.... The developers should consider creating a crosswalk at the Timberwolf Parkway intersection to provide access to Glacier High School from the development site. This crosswalk should include overhead lighting for night-time visibility." Those recommendations should be implemented It should be noted that per the city Standards for Design and Construction, the development shall maintain or improve the existing level of service for the affected roadways rather than simply maintaining an acceptable level of service. Any improvements necessary to maintain the existing level of service will be required. The traffic study also addressed the potential need for a roundabout at the intersection of Timberwolf Parkway and Stillwater Road. The roundabout is included in the currently proposed transportation plan. Per the study, the roundabout is not required at this time and future development patterns may indicate that the intersection with Wolfpack Way might eventually be a better location. Nevertheless, further development on both sides of Stillwater likely means a roundabout will be necessary at some point and providing for its location at the intersection of Timberwolf Parkway with dedication of right-of-way for a future improvement is appropriate. The proposed plat shows the right-of-way dedication. There should also be a waiver of protest of an SID for the roundabout construction that would apply to any lots within the development. Schools: The property is within the boundaries of School District 91 (West Valley) and Glacier High School. On average, it would be anticipated that there would be about 135 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. 21 Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this development. Additionally, the road network to the subdivision provides adequate access for fire protection. As part of subdivision review and site review for the multi -family/ neighborhood commercial area, fire protection, including fire flow and hydrant location, will be reviewed. Fire station 61 is located approximately 0.9 miles away providing good response time. Parks and Recreation: The overall PUD plan includes two homeowners' parks. Phases 1-3 include the larger park at 3.1 acres in size in addition to common areas with walking paths. Subdivision regulations require a minimum of 0.03 acres of parkland per dwelling unit, or 2.31 acres for the single-family/townhome lots within Phases 1-3. Each phase will be required to provide at least the minimum amount of parkland to support that phase. The parks will include amenities that will be determined during the course of the detailed subdivision design review, but it is anticipated that the linear parks will include seating/picnic areas, and the parks may include raised berms for sledding/tumbling, play fields, trees, a community garden, and a pavilion. With multi -family developments, the zoning ordinance requires recreational amenities equal to 500 square feet of land or the equivalent value in amenities that will need to be provided in conjunction with the development of any multi -family project. The proposal includes covenants and a management plan providing for maintenance of the shared facilities. It is imperative that these areas be well maintained for the visual aspect of the project from adjacent properties and the adjacent roads, the safety of the pedestrian paths and the on -going functionality of the storm water facilities. Therefore, staff recommends that a note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Solid Waste: Solid waste will be handled by the City of Kalispell. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is approximately 1.9 miles from the site. 22 E. Effects on Agriculture and agricultural water user facilities: The site has been traditionally used for agricultural uses. According to the Kalispell Growth Policy Resources and Analysis Section, "Important Farmlands" map, the property includes some areas designated as 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 as part of the prior proposed development. By allowing higher density development within the city's growth policy area, it can reasonably be expected that more farmland could be conserved because the availability of residential and commercial lots within the Kalispell Growth Policy boundary, limiting sprawl/leapfrog development. F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential. The proposed RA-1 zone 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. Chapter 4B on Business and Industry provides for neighborhood commercial areas designed to address the daily needs of the immediate neighborhood. While the proposal does not include any commercial zoning, it does include a potential mixed -use area. City services including sewer, water and streets are in the vicinity and available to the subject property. G. Compliance with Zoning: The request is in compliance with the RA-1 zoning regulations, provided the specified deviation requests are granted. H. Compliance with the Kalispell Subdivision Regulations: This request complies with provisions of the Kalispell Subdivision Regulations, provided the specified deviation requests are granted. RECONIMENDATIONS 1. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-21-01 as findings of fact and recommend to the Kalispell City 23 Council that the zoning for the entire 58.0 acres of the property be changed from R-3 (Residential) to RA-1 (Residential Apartment), with a PUD overlay. 2. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-21-02 as findings of fact and recommend to the Kalispell City Council that the PUD for Starling Phases 1-8 be approved subject to the conditions listed below: 3. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-21-06 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Starling Phases 1-3 be approved subject to the conditions listed below: CONDITIONS OF APPROVAL The Planned Unit Development for Starling Phases 1-8 allows the following deviations from the Zoning Regulations: (1) Use: Sections 27.09.010 and 27.09.030 — Phase 3 uses may include any permitted uses allowed under B-1 zoning. Accessory dwelling units are allowed on Lots 17, 24, 25, 32, 33, and 40 in Phase 2 and future phases subject to review. ADUs would be subject to general zoning requirements as well as a requirement that (a) any lot with an ADU be a minimum width of 50 feet with a minimum depth of 100 feet; (b) they meet the setbacks for principal structures; and (c) that the parking for the ADU would be one additional parking space rather than two. The proposal would allow the ADU to be attached or detached from the principal structure. (2) Lot Area: Section 27.09.040(1) — The minimum lot size in the RA-1 is 6000 square feet minimum lot size. This deviation would allow a minimum lot size of 4000 square feet for single-family lots and a minimum lot size of 2350 square feet per unit for parent lots with townhomes/sublots. (3) Lot Width: Section 27.09.040(2) — The minimum lot width in the RA-1 zone is 50 feet. This deviation would allow a minimum width of 40 feet. (4) Setbacks: Section 27.09.040(3) — General setbacks in the RA-1 are 15 feet in the front, 5 feet on the side, 10 feet in the rear, 15 feet on the side corner, and 20 feet to the garage from a street right-of-way. This deviation would allow for a side setback of 3 feet. (5) Permitted Lot Coverage: Section 27.09.040(5) — The maximum lot coverage in the RA-1 zone is 45%. This deviation would allow a maximum lot coverage of 60%. 2. The Planned Unit Development for Starling Phases 1-8 allows the following deviations from the Kalispell Subdivision Regulations: 24 (1) Road Sections: Section 28.3.14 — This deviation would allow three alternative road sections: (a) 80-foot urban collector with 16-foot landscape boulevards; (b) 30-foot- wide alleys; and (c) the 32 foot wide woonerf. (2) House Orientation: Section 28.3.14(F)(1) — This deviation allows homes to face Stillwater Road provided that access is provided only from the alley behind the homes. (3) Alley as Primary Access: Section 28.3.11(B) and (C) — This deviation allows homes along Stillwater Road to be accessed only from an alley. 3. The preliminary plat approval for the subdivision is not effective until the ordinance approving the PUD/zone change becomes effective. 4. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. 5. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and signed by the city and owner prior to the issuance of a building permit. 6. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell Zoning Ordinance. 7. As a PUD with an associated preliminary plat application, the abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance. 8. The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to develop a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the ponds will act as features, particularly along the roadways, rather than a private maintenance utility facility. 9. The preliminary plat approval shall be valid for a period of three years from the date of approval. 10. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, 25 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. II. 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. 12. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 13. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. 14. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. 15. Any water rights associated with the property shall be transferred to the City of Kalispell. The water rights shall be allocated proportionally for each phase of the development prior to final plat. 16. The developer shall submit the street designs to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction, except as otherwise provided for herein. 17. Any lot adjacent to an alley shall access the home from the alley rather than the street. 18. No individual accesses to Stillwater Road are allowed. 19. The development's frontage on Stillwater Road will shall be improved in accordance with City Design and Construction Standards to a Minor Arterial standard including, but not limited to, bike/pedestrian path, curb/gutter, and landscape boulevard. Improvements may include widening the road surface if necessary to meet those standards. A dedication of an additional ten feet of right-of-way is required to provide the required width for a minor arterial. 26 20. Internal streets shall be built to local and collector design standards (the collector shall be the extension of Timberwolf Parkway) pursuant to the Standards for Design and Construction including, but not limited to, sidewalks, landscape boulevard, street lights, and curb/gutter, except as modified through deviations from the standards specified herein. 21. Additional connections are required to connect to the north from Phase 5. 22. Temporary turnarounds will be required as part of the final design until such time as a connection is made in any dead-end location with the potential to be extended in the future. 23. Alleys are also included within the plan shall be maintained as private alleys. The 30- foot alley in Phase 2 will require a temporary turnaround until it can be extended. 24. The collector street name shall be Timberwolf Parkway rather than Dairyland Drive pursuant to city regulations that require extensions of roads to continue the existing street name. 25. Prior to final plat, all mitigation recommended as part of the approved traffic impact study relative to the given phase shall be completed. All improvements shall be reviewed and approved by the Public Works Department. Per the city Standards for Design and Construction, the development shall maintain or improve the existing level of service for the affected roadways rather than simply maintaining an acceptable level of service. Any improvements necessary to maintain the existing level of service will be required. 26. The traffic study also addressed the potential need for a roundabout at the intersection of Timberwolf Parkway and Stillwater Road. Per the study, the roundabout is not required at this time. However, further development on both sides of Stillwater likely means a roundabout will be necessary at some point and providing for its location at the intersection of Timberwolf Parkway with dedication of right-of-way for a future improvement is appropriate. The proposed plat shows the right-of-way dedication. In addition, a note shall be placed on the final plat waiving protest of an SID for the roundabout construction that would apply to any lots within the development. 27. Any fencing along Stillwater Road shall be reviewed and approved by the city Architectural Review Committee, which shall ensure a consistency of colors and materials to be used to present an aesthetically pleasing design. 28. The recommendations in the Geotech report shall be followed, including providing additional specific Geotech reports related to buildings and other site improvements for the subject property, which are to be reviewed and accepted by the City of Kalispell prior to construction. 29. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private 27 infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. 30. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 31. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature 32. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 33. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of the common areas, including, but not necessarily limited to, roads, parks and open space. Maintenance of private roads and alleys shall include both short term and long term maintenance including, but not necessarily limited to, snow plowing, landscaping, sidewalks, street repairs, overlays, and rebuilds of the street. 34. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. 35. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision, common area, and adjoining rights -of -way. The approved landscape plan shall be implemented or a cash -in -lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 36. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat of Phase 1, and the plan shall show that the parkland dedication requirement is met for each phase. 28 37. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The assessments levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 38. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The assessments levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. 39. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 40. All utilities shall be installed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 41. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 29 Development Services CITY �F Department 1K:A11ASPE11,11, 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 ZONING MAP AMENDMENT Email: planningQkalispell.com Website: www.kalispell.com Project Name Starling Phases 1 -3 Property Address Stillwater Road NAME OF APPLICANT Kilday Stratton; Attn: Greg Stratton Applicant Phone (406) 599-5603 Applicant Address 2880 Technology Blvd West City, State, Zip Kalispell, MT 59817 Applicant Email Address greg@kildaystratton.com and debbie@kildaystratton.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD CYNCAT, Inc Owner Phone Owner Address P.O. Box 952 Zip City, State, Kalispell, MT 59901 Owner Email Address CONSULTANT (ARCH ITECTIENGINEER) Sands Surveying, Inc Phone (406) 755-6481 Address 2 Village Loop City, State, Zip Kalispell, MT 59901 Email Address eric@sandssurveying.com POINT OF CONTACT FOR REVIEW COMMENTS Phone Address City, State, Zip Email Address List ALL owners (any individual or other entity with an ownership interest in the property): Grosswiler Dairy Inc, P.O. Box 952, Kalispell, MT 59901 CPG & Associates, Inc. , 1175 Farm to Market Road, Kalispell, MT 59901 Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): See Attached Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. Development Services I.I., Department 201 Avenue ast KALISPELL hone( 06)758E94 Kalispell, MT 59901 Phone (406) 758-7940 Land in zone change (acres): 58 acres Present zoning of above property: R-3 Proposed zoning of above property: RA-1 State the changed or changing conditions that make the proposed amendment necessary: The applicants are proposing a mixed density and mixed use PUD and the RA-1 zoning is a better fit for the PUD with fewer deviations HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet w/ answers): a. Promoting the Growth Policy b. Lessening congestion in the streets and providing safe access c. Promoting safety from fire, panic and other dangers d. Promoting the public interest, health, comfort, convenience, safety and general welfare e. Preventing the overcrowding of land f. Avoiding undue concentration of population g. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities h. Giving reasonable consideration to the character of the district i. Giving consideration to the peculiar suitability of the property for particular uses j. Protecting and conserving the value of buildings k. Encouraging the most appropriate use of land by assuring orderly growth 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 inorrect 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. Applicant Signature Date KAEISPEEE APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Board Hearing) A pre -application meeting with a member of the planning staff is required. Application Contents: 1. Completed application form & attachments 2. Petition for zone change signed by the real property owner(s). 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) 768.6626. 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: 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 Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 Starling Zone Change Narrative a. Promoting the Growth Policy: In 2007, the Starling Plan amended the Kalispell Growth Policy to allow for the development of a mixed use and mixed density development on 640 acres of which this 58 acre PUD is a part. The proposed PUD is in keeping with the original principles of the original Starling Plan. Provide for urban density residential development, create numerous parks for the residents of this project and the City at large. Create urban collectors within the project that can move traffic efficiently from the neighborhoods within the project area to the Urban collectors and arterials that ring the 640 acres site. We have provided a high level view of the remainder of the Grosswiler holdings and show how this plan fits in with the revised land plan for transportation, densities, parks, and the regional stormwater area b. Lessening Congestion in the streets and providing safe access The proposed zone change is part of a Subdivision and PUD package that describes the project in detail. We have also provided a Traffic Impact Study for the project. The subdivision will use Stillwater Road as primary access and Stillwater will be up -graded to collector standards along the frontage 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. In addition of the street system, this block and alley subdivision will use alley ways to access parking for the rear loaded lots proposed within the subdivision. The proposed subdivision is designed to mitigate potential congestion through the subdivision standards and design. C. Promoting safety from fire panic and other dangers With this zone change is a 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 located within a Wildland Urban Interface and the property is not forested or does it have steep slopes. Access is proposed meeting all City standards for emergency services. The property is not located along a stream or river and therefore there is not regulatory floodplain associated with the property. d. Promoting public interests, health and general welfare The Starling property is located within the Urban Growth boundary for the City of Kalispell. The property is adjacent to the urban growth associated with Section 36 which includes government office, medical offices, many types of residential development, Glacier High School, a regional sports park, as well as a regional commercial core. The development will be constructed to City standards and building codes. The zone change to the urban density RA-1 is in the public interest and promotes health and general welfare. Starling Zone Change Narrative e. Preventing the overcrowding of land To better accommodate the mixed density and use, we are proposing a zone change to RA- 1 for the underlying zoning. The RA-1 accommodates townhouse dwellings within the permitted and conditionally permitted uses along with multi -family dwelling. The zoning allows up to thirteen (13) dwelling per acre. The PUD and Subdivision standards prevent the proposal from overcrowding the land f. Avoiding undue concentration of people The proposed zoning is accompanied by a PUD and Subdivision provides ample amounts of park and open space for the future residents of starling. Each dwelling will have its required off-street parking and because this subdivision is designed with alleys for rear loading, the street frontage is essentially open for guest parking. Even if the subdivision and PUD where to expire, the proposed RA-1 zoning has conditional use permit requirements for any attached or multi -family dwellings in excess of three units. 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 West Valley 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 PUD proposes two large parks of 3.1 acres and 2.8 acres in size. There are numerous other common areas that will provide corridors for walking paths, snow storage, and some parking. The parks and common areas will be landscaped, irrigated and maintained. The large park area will have walking paths and recreational amenities. The common areas will provide pedestrian paths allowing residential to move easily through the development. We have provided conceptual park plans that show landscaping and amenities. 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 Starling PUD is providing 10.2 acres of park and common area along with numerous trails and park amenities. This park area would support 340 units. The landowners recently gave the City of Kalispell 67 acres within the Grosswiler Section to the City of Kalispell to use for a regional park and stormwater detention area. This 67 acre land donation is intended to augment the park and recreation needs of all development within the Grosswiler Section. h. Giving reasonable consideration to the character of the district Starling Zone Change Narrative 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. The City has traversed the property with a major waste water transmission line. The Montana Department of Transportation has developed a Highway by-pass that comes within a 1/4 mile of the property and this by-pass provides major interchanges at Four Mile Drive and Old Reserve Drive in anticipation of urban development in this neighborhood. The DNRC Section directly east of the development is now known as Mid -Valley and supports a regional commercial network. The DNRC section is slated for high and medium density residential as well as numerous office sites and Glacier High School. The Starling PUD is harmonious with the anticipated urban neighborhood. i. Giving consideration to the suitability of the property for particular uses In 2007, the subject property was part of a larger development plan called Starling. The project went through review and approval with the Kalispell Planning Board and the Kalispell City Council. Starling developed a neighborhood plan/Growth Policy Amendment, Urban Zoning, Mixed Use PUD, and Annexation. The original Starling encompassed the entire section of 640 acres with 245 acres of "Urban Residential"; 41 areas of "Mixed Use Residential; 74 acres of "Commercial Mixed Use"; 100 acres of parkland; 32 acres of Open Space; and 145 acres of street right of way. Although the original PUD has expired, the Growth Policy amendment, annexation and initial zoning, still stand. This prior land plan encompasses all neighboring property to the north south and west. The property to the East is part of the DNRC Section 36 Holding which is slated for urban development. Directly east of the proposed PUD is the office campus that houses the USFS regional office, the DNRC office and the Flathead Emergency services buildings. Just north of these uses is the Glacier High School campus. The proposed Starling project provides a beneficial relationship by providing housing for people that may work in the neighborhood or school aged students attending school nearby. j. Protecting and conserving the value of buildings The proposed Starling 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 in a City's reasoning for developing a set 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 Starling Zone Change Narrative As stated previously, the subject property is located in the City Limits, is designated for urban growth of mixed use and density, and it will connect to public infrastructure. The development will create a local street system commenting with collector streets. The City of Kalispell constructed the west side interceptor for wastewater and this line runs through the subject property. The City of Kalispel has purchased a large parcel of land approximately one-half mile to the west of the property for a regional stormwater facility. The Montana Department of Transportation constructed the 93 by-pass just a'/4 mile east of the property in order to get ahead of development that is anticipated on the west side of Kalispell. The proposed zone change and Starling Development is located in a place that the City anticipates urban growth which the proposed RA-1 supports. Starling Zone Change Narrative ' Starling Zone Change and PUD Description DESCRIPTION: A TRACT OF LAND, SITUATED, LYING AND BEING IN THE EAST HALF OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the northeast corner of the Northeast Quarter of the Southeast Quarter of Section 35, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana, which is a found aluminum cap on the centerline of a 60 foot declared county road known as Stillwater Road; Thence along the east boundary of said NE1/4SE1/4 and along said centerline S00°11'45"E 232.28 feet; Thence leaving said boundary and said centerline S89057' 16"W 265.61 feet; Thence S00002'44"E 130.00 feet; Thence S89057' 16"W 957.06 feet; Thence S00002'44'E 25.00 feet; Thence S89057' 16"W 99.95 feet; Thence N00013'50"W 405.00 feet; Thence S89057'16"W 586.74 feet; Thence N00002'44"W 1073.39 feet; Thence N89046' 56"E 1910.07 feet to the east boundary of the Northeast Quarter of said Section 35 and the centerline of said Stillwater Road; Thence along said boundary and said centerline S00002'44"E 1096.85 feet to the point of beginning and containing 58.000 ACRES; Subject to and together with all appurtenant easements of record. Development Services CITY �F Department 201 t Avenue East Kalispell, MT 59901 1K:A11ASPE11,11, Ph ne 06) 758-7940 PLANNED UNIT DEVELOPMENT Email: planningQkalispell.com Website: www.kalispell.com Project Name Starling Phases 1 -3 Property Address Stillwater Road NAME OF APPLICANT Kilday Stratton; Attn: Greg Stratton Applicant Phone (406) 599-5603 Applicant Address 2880 Technology Blvd West City, State, Zip Kalispell, MT 59817 Applicant Email Address greg@kildaystratton.com and debbie@kildaystratton.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD CYNCAT, Inc Owner Phone Owner Address P.O. Box 952 City, State, Zip Kalispell, MT 59901 Owner Email Address CONSULTANT (ARCH ITECTIENGINEER) Sands Surveying, Inc Phone (406) 755-6481 Address 2 Village Loop City, State, Zip Kalispell, MT 59901 Email Address eric@sandssurveying.com POINT OF CONTACT FOR REVIEW COMMENTS Phone Address City, State, Zip Email Address List ALL owners (any individual or other entity with an ownership interest in the property): Grosswiler Dairy Inc, P.O. Box 952, Kalispell, MT 59901 CPG & Associates, Inc. , 1175 Farm to Market Road, Kalispell, MT 59901 Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): See Attached Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. Development Services ci•rx r�r• Department KALISPELL Phone 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 Check One: Present zoning of above property: RA-1 Initial PUD proposal Amendment to an existing PUD Total gross acres of property: 58.00 acres Please provide the following information in a narrative format with supporting drawings or other format as needed (reference 27.19.020(3)): a. An overall description of the goals and objectives for the development of the project. b. In cases where the development will be executed in increments, a schedule showing the time within phase will be completed. c. The extent to which the plan departs from zoning and subdivision regulations including but not limited to density, setbacks and use, and the reasons why such departures are or are not deemed to be in the public interest; d. The nature and extent of the common open space in the project and the provisions for maintenance and conservation of the common open space; and the adequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; e. The manner in which services will be provided such as water, sewer, storm water management, schools, roads, traffic management, pedestrian access, recreational facilities and other applicable services and utilities. f. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established g. How the plan provides reasonable consideration to the character of the neighborhood and the peculiar suitability of the property for the proposed use. h. Where there are more intensive uses or incompatible uses planned within the project or on the project boundaries, how with the impacts of those uses be mitigated. i. How the development plan will further the goals, policies and objectives of the Kalispell Growth Policy. j. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: (1). Total acreage and present zoning classifications; (2). Zoning classification of all adjoining properties; (3). Density in dwelling units per gross acre; (4). Location, size height and number of stories for buildings and uses proposed for buildings; (5). Layout and dimensions of streets, parking areas, pedestrian walkways and surfacing; (6). Vehicle, emergency and pedestrian access, traffic circulation and control; (7). Location, size, height, color and materials of signs; (8). Location and height of fencing and/or screening; (9). Location and type of landscaping; (10). Location and type of open space and common areas; (11). Proposed maintenance of common areas and open space; (12). Property boundary locations and setback lines (13). Special design standards, materials and / or colors; (14). Proposed schedule of completions and phasing of the development, if applicable; (15). Covenants, conditions and restrictions; (16). Any other information that may be deemed relevant and appropriate to allow for adequate review. If the PUD involves the division of land for the purpose of conveyance, a preliminary plat shall be prepared in accordance with the requirements of the subdivision regulations. Please note that the approved final plan, together with the conditions and restrictions imposed, shall constitute the zoning for the district. No building permit shall be issued for any structure within the district unless such structure conforms to the provisions of the approved plan. - woos KALISPELL APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Board Hearing) Application Contents: 1. Completed application form 2. 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) Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 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. If proposal invloves annexation, pre plat orother action please submit appropriate application forms in addition to the PUD application 5. Application fee based on the schedule below, made payable to the City of Kalispell: Residential (no subdivision) $1,000 + $125 per acre Commercial(no subdivision) $1,200 + $100 per acre Residential (with subdivision) $1,000 + $100 per acre Commercial (with subdivision) $1,000 + $100 per acre 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. Applicant Signature Date Starling PUD Narrative a. Narrative: The Starling PUD is a mixed density and mixed -use PUD utilizing a block and alley concept to create residential block with varying densities of attached and detached single family homes. The block and alley concept allows the development to build small cottage style homes with garages and parking in the rear of the lots off the alley. The Stillwater Road frontage will have a 25-foot wide common arealbuffer separating the road right-of-way from the lot boundaries. The units along Stillwater Road will face the road and buffer but vehicle access to the units will be from the alleyway. The intent of the design is to provide a visually pleasing front door and porches along Stillwater as opposed to large garage doors. The alleyway for the lots along Stillwater is widened to 30 feet in order to provide two way driving lanes and guest parking in the common areas off the alleyways. The mixed -use portion of the project is targeted for Phase 3 as shown on the PUD map. Lot 1 of Phase 3 consists of 2.7 acres of developable area which would be slatted for a multi -family complex of up to 35 units (13 units/acre); a combination of live/work units and office space; or small scale neighborhood retail. We selected Phase 3 for the mixed - use site because the neighboring use east of Stillwater Road is the office campus for the USFS, DNRC, and Emergency Services facilities. We propose that the development of Phase 3 will come back to the City through a Conditional Use Permit process so that the Staff and Governing Bodies can review the massing density, parking and connection with the park area. To better accommodate the mixed density and use, we are proposing a zone change to RA- T for the underlying zoning. The RA-1 accommodates townhouse dwellings within the permitted and conditionally permitted uses along with multi -family dwelling. The zoning allows up to 13 dwelling per acre. The Starling PUD Map shows eight phases with on 58 acres. We are reserving the option with phases 4 — 8 to add in addition attached dwellings or some multi -family products. The final outcome of these future phases will be brought back to the City with preliminary plats. Within the PUD we are proposing two large parks of 3.1 acres and 2.8 acres in size. There are numerous other common areas that will provide corridors for walking paths, snow storage, and some parking. The parks and common areas will be landscaped, irrigated and maintained. The large park area will have walking paths and recreational amenities. The common areas will provide pedestrian/bike paths allowing residents to move easily through the development. The Kalispell Subdivision regulations requires 0.03 acres of parkland or the cash equivalent. The Starling PUD is providing 10.2 acres of park and common area along with numerous trails and park amenities. This park area would support 340 units. The Starling PUD Narrative landowners recently gave the City of Kalispell 67 acres within the Grosswiler Section to the City of Kalispell to use for a regional park and stormwater detention area. This 67 acre land donation is intended to augment the park and recreation needs of all development within the Grosswiler Section. b. Phasing With the PUD, we are also submitting a preliminary plat for the first three phases. Phase 1 is proposed to begin construction in the fall of 2021 and completion in the summer of 2022. The park area in Phase 3 will be constructed with Phase 1 to provide park amenities for the initial residents. Phase 2 of the project would go to construction in 2022 and be finished in 2023. Phase 3 of the project would go to construction in 2023 if it does not get built with phase 1. Phases 4 - 8 will have to come back to the City with a Preliminary Plat. This preliminary plat process could come to the City is 2022 or 2023. The applicants are reserving the right to develop all three phases at once. C. Deviations from the RA-1 Zoning Use - The Starling project will utilize attached and detached townhome single family units. The townhomes are shown in phases 1 and 2 as two and four unit dwellings. These would be allowed by right with the approval of the PUD. Phase 3 will require a Conditional Use Permit (CUP) to develop the multi -family, live work, and/or office uses withing Lot 1 of Phase 3. The use categories would be permitted within this phase. The CUP will provide the governing body to look at massing, parking, and green space connections. Accessory Dwelling Units (ADU's)- Within Phase 2 specific single family detached lots may be allowed an ADU (Lots 17, 24, 25, 32, 33, & 40). There will be only one ADU per Lot. Lots must have a minimum width 50-feet and a minimum depth of 100-feet . One additional parking space is required for the ADU. The ADU shall meet the setback of primary uses. With the preliminary Plat of future phases (4 - 8) specific lots will be identified for ADU's. Lot Width -The minimum lot with would vary within the project with single family detached lot minimum widths of 40-feet. Sublot width could go as narrow as 14 feet in the four -unit townhomes. We propose this change to create some entry level price points and we off -set the typical impacts of providing two parking spaces for each unit off the alley and some additional parking in the common areas off the alley. The alley load frees up the streets for entire street frontage for guest parking Starling PUD Narrative and snow storage in the boulevards during the winter months. This design also frees up the boulevards for street trees as there are no driveways to interfere with tree spacing. Setbacks — Five feet to building face and Eave may encroach 18" (or 24"). When less than ten feet between building at eaves we need to call out fire rated construction for the eaves. Lot Coverage — 50% lot coverage Roadway deviations - The PUD proposes three road sections that vary from the standard details in the City of Kalispell Standards for Design and Construction. One is the urban collector, which is usually a 60' right-of-way. We are proposing an 80' right- of-way, making the boulevards 16' wide on each side of the street rather than 6' wide. The other two consist of a wider alley section and a woonerf section. The alley (the one closest to Stillwater Road) is proposed to be a 30' right-of-way and a 16' wide pavement section rather than the city standard 20' and 12' respectively. The woonerf section is a 32' right-of-way. It has a 17' wide pavement section, sidewalk on one side, and parking/green spaces on the other side. All alleys and woonerfs are proposed to be publicly dedicated but privately maintained. The cross sections can be found in the Road Cross Sections Exhibit attached. d. Parks and Common Areas The PUD proposes two large parks of 3.1 acres and 2.8 acres in size. There are numerous other common areas that will provide corridors for walking paths, snow storage, and some parking. The parks and common areas will be landscaped, irrigated and maintained. The large park area will have walking paths, bike paths and recreational amenities. The common areas will provide pedestrian paths allowing residential to move easily through the development. We have provided conceptual park plans that show landscaping and amenities. 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 Starling PUD is providing 10.2 acres of park and common area along with numerous trails and park amenities within the parks and common areas. The landowners recently gave the City of Kalispell 67 acres within the Grosswiler Section to the City of Kalispell to use for a regional park and stormwater detention area. This 67 acre land donation is intended to augment the park and recreation needs of all development within the Grosswiler Section. e. Utilities, roads, and local services. With the PUD there is a preliminary plat application with an Environmental Assessment that addresses roads, utilities, and local services. In addition, we are submitting preliminary Starling PUD Narrative water, sewer, stormwater and road cross section designs with the preliminary plat application. The City of Kalispell has assisted with the preparation of these lands for development by extending water down Stillwater Road and Four Mile Drive. The West Side interceptor (wasterwater main) traverses the entire Grosswiler property. f. Neighborhood relationship In 2007, the subject property was part of a larger development plan called Starling. The project went through review and approval with the Kalispell Planning Board and the Kalispell City Council. Starling developed a neighborhood plan/Growth Policy Amendment, Urban Zoning, Mixed Use PUD, and Annexation. The original Starling encompassed the entire section of 640 acres with 245 acres of "Urban Residential"; 41 areas of "Mixed Use Residential; 74 acres of "Commercial Mixed Use"; 100 acres of parkland; 32 acres of Open Space; and 145 acres of street right of way. Although the original PUD has expired, the Growth Policy amendment, annexation and initial zoning, still stand. This prior land plan encompasses all neighboring property to the north south and west. The property to the East is part of the DNRC Section 36 Holding which is slated for urban development. Directly east of the proposed PUD is the office campus that houses the USFS regional office, the DNRC office and the Flathead Emergency services buildings. Just north of these uses is the Glacier High School campus. The proposed Starling project provides a beneficial relationship by providing housing for people that may work in the neighborhood or school aged students attending school nearby. g. Consideration of neighborhood character 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. The City has traversed the property with a major waste water transmission line and a water main along the west side of the project. The Montana Department of Transportation has developed a Highway by-pass that comes within a 1/4 mile of the property and this by-pass provides major interchanges at Four Mile Drive and Old Reserve Drive in anticipation of urban development in this neighborhood. The DNRC Section directly east of the development is now known as Mid -Valley and supports a regional commercial network. The section is slated for high and medium density residential as well as numerous office sites and Glacier High School. The Starling PUD is harmonious with the anticipated urban neighborhood. h. Intensive or incompatible uses There are no uses that would be considered intensive or incompatible with those already in existence (office and high school) or those proposed (residential and multi -family use). Starling PUD Narrative i. Growth Policy Compliance In 2007, the Starling Plan amended the Kalispell Growth Policy to allow for the development of a mixed use and mixed density development on 640 acres. The Plan Amendment for the property still stands but the old PUD expired. The proposed PUD is in keeping with the original principles of the original Starling Plan. Provide for urban density residential development, create numerous parks for the residents of this project and the City at large. Create urban collectors within the project that can move traffic efficiently from the neighborhoods within the project area to the Urban collectors and arterials that ring the 640 acres site. We have provided a long-range vision of the remainder of the Grosswiler holdings and show how this plan fits in with the revised land plan for transportation, densities, parks, and the regional stormwater area j. Maps See attached Starling PUD Narrative Starling Zone Change and PUD Description DESCRIPTION: A TRACT OF LAND, SITUATED, LYING AND BEING IN THE EAST HALF OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the northeast corner of the Northeast Quarter of the Southeast Quarter of Section 35, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana, which is a found aluminum cap on the centerline of a 60 foot declared county road known as Stillwater Road; Thence along the east boundary of said NE1/4SE1/4 and along said centerline S00° 11'45"E 232.28 feet; Thence leaving said boundary and said centerline S89057' 16"W 265.61 feet; Thence S00002'44"E 130.00 feet; Thence S89057' 16"W 957.06 feet; Thence S00002'44'E 25.00 feet; Thence S89057' 16"W 99.95 feet; Thence N00013'50"W 405.00 feet; Thence S89°57' 16"W 586.74 feet; Thence N00002'44"W 1073.39 feet; Thence N89046'56"E 1910.07 feet to the east boundary of the Northeast Quarter of said Section 35 and the centerline of said Stillwater Road; Thence along said boundary and said centerline S00°02'44"E 1096.85 feet to the point of beginning and containing 58.000 ACRES; Subject to and together with all appurtenant easements of record. Starling Kalispell Narrative The Starling Kalispell neighborhood is 58-acre property that is located at the intersection of Stillwater Road and Timberwolf Parkway. The property, which is approximately 4.0 miles northwest of downtown Kalispell, is situated with mountain views, close proximity to retail, and walkable to Glacier High School. It is the goal of the community to embrace the property's adjacency to world class outdoor recreation and create an inviting, walkable community. The neighborhood features 3 primary park spaces as well as a network of connected linear parks. The amenities within each space are further described below: Linear Parks Wandering network of walking trails connecting each end of the neighborhood Various seating nodes, picnic areas, and passive open green spaces Park A - The primary park gateway from Stillwater Road with a walking trail looping through - Year-round play through multiple raised berms: summer tumbling hill and winter sledding - Large children's play field, lined with trees for shady seating - Community garden that serves as an important neighborhood meet -up spot Park B: - Primary neighborhood gathering space featuring a shade pavilion & picnic spaces - Engaging playground area that caters to children of multiple age groups - Year-round play through two large berms: summer tumbling hill and winter sledding - Large oval of trees that provides a protected, centralized play lawn and gathering space Park C: - Wide open green space at a node of east/west and north/south linear park trails that provides a safe, protected space for children and pets - Small gathering space and picnic area framed by a raised berm and hopping boulders - Small children's play field, lined with shady seating spaces The network of linear parks and open spaces at Starling is the primary focus of the neighborhood. Combined, the open spaces provide a variety of experiences and opportunities for recreation and play. These opportunities bring value to the neighborhood, create community, and enhance the sense of place within the Flathead Valley. M EPI ri .Iy I ;III l , i TIMBERWOLF PARKWAY iML- i mm) ' -11i mw *;;j LLNINAM-11 Ll w i I I � 'STARLING KALISPELL, MT rQ LL: WATER MAIN = BLUE SUBJECT PROPERTY - Kalispell Growth Policy Exhibit- July 12th, 2021 NORTH Starlin - Section 35, Tracts 4A & 6 ® Subject Property _ - Commercial to Urban o Residential - Neighborhood Commercial (D = w - Industrial CL Cr Q - Urban Mixed Use Cr High JJ O� - High Density Residential �r LL � Density N - Urban Residential Residential Suburban Residential City Airport -Gov. Public/Quasi Public, Openspace Floodway Urban Igo Residential 0 W a J_ H FOUR MILE DR a- O O J J Q Urban Mixed Use Suburban %_ 191 Residential WILLOW V FAVMW' Date: July 12th, 2021 Kalispell Development Services FIIePath: J\2021\07122021 KALISPELL 0 eoo 1,o Feet A Kalispell Zoning Exhibit- July 12th, 2021 NORTH Starlin - Section 35, Tracts 4A & 6 ® Subject Property R- Neighborhood Business O LLI Residential _ Residential/Professional Office County - Central Business <J - Residential Apartment U) RA-1 - Residential Apartment/Office OL - General Business Core Area Business Residential R-5/PUD Public R-3/PUD o R-4/PUD Of Of w J Q RA-1/PUD z w J B-1/PUD L Q cD County = WILLO 11ry Date: July 12th, 2021 Kalispell Development Services FilePath: J\2021\07122021 KALISPELL o soo t,000 Feet • • abelin traffic services August, 2021 Starling Subdivision Traffic Impact Study UPDATE Kalispell, Montana 130 South Howie Street Helena, Montana 59601 406-459-1443 Starling Subdivision Traffic Impact Study Kalispell, Montana Table of Contents A. Executive Summary...................................................................................... I B. Project Description........................................................................................ I C. Existing Conditions........................................................................................ I Adjacent Roadways..............................................................................2 TrafficData............................................................................................3 Planned Road Improvements................................................................4 Additional Developments......................................................................4 Levelof Service.....................................................................................5 D. Proposed Development..............................................................................5 E. Trip Generation and Assignment................................................................6 F. Trip Distribution..........................................................................................6 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 Figure3 — Trip Distribution...................................................................................... 9 List of Tables Table 1 — Historic Traffic Data.................................................................................4 Table 2 — Existing Level of Service Summary.........................................................5 Table 3 — Trip Generation Rates.............................................................................8 Table 4 — Future Level of Service Summary with Development ..............................9 Starling Subdivision Traffic Impact Study Kalispell, Montana Starling Subdivision Traffic Impact Study UPDATE Kalispell, Montana A. EXECUTIVE SUMMARY The Starling Subdivision is a 58-acre residential development proposed west of Stillwater Road and south of West Reserve Drive in Kalispell, Montana. Upon completion in 2027, the development would include 389 residential units. The first three phases would include 75 single- family and 35 multi -family units and would produce up to 964 daily vehicle trips. At full development the project would produce up to 3,598 new daily vehicle trips in this area. As proposed, the Starling Subdivision will increase traffic volumes on the surrounding road network but will not require any special roadway improvement to create additional capacity. The Kalispell bypass project has significantly improved traffic flows through this area and was designed to provide considerable reserve capacity at the intersections along Stillwater Road. The developers should consider creating a crosswalk at the Timberwolf Parkway intersection to provide access to Glacier High School from the development site. This crosswalk should include overhead lighting for night-time visibility. B. PROJECT DESCRIPTION This document studies the possible effects on the surrounding road system from a proposed residential development located west of Stillwater Road and south of West Reserve Drive in Kalispell, Montana. The document provides information regarding possible traffic impacts in the area and identifies mitigation efforts that the development may require. The development would include up to 389 new residential units at full buildout. C. EXISTING CONDITIONS The proposed development property currently consists of a 58-acre parcel of land located south of West Reserve Drive and west of Stillwater Road just west of Glacier High School. The property currently consists of an open farm field. The site is located across from the intersection with Timberwolf Parkway and the Flathead National Forest and DNRC offices. See Figure 1 for a location map of the proposed development. Abelin Traffic Services 1 August, 2021 Starling Subdivision Traffic Impact Study Kalispell, Montana Adjacent Roadways West Reserve Drive/Old Reserve Drive (S-548) is a minor arterial roadway which has been developed as part of the Highway 93 Bypass improvements. The road extends northwest from Highway 93 and connects with Stillwater Road at a modern roundabout. Old Reserve Drive connects with the Highway 93 Bypass at a grade -separated intersection with off -ramps for northbound and southbound traffic. The intersections of Old Reserve Drive with Wolfpack Way and both ramps of the 93 Bypass are currently signalized. Glacier High School is located along Old Reserve Drive northwest of the Highway 93 Bypass. The road currently has a four - lane urban cross-section with left -turn bays at all intersections, corridor lighting, sidewalks on both sides, and a posted 35 MPH speed limit east of Stillwater Road. West of Stillwater Road the route narrows to 24 feet and the speed limit increases to 55 MPH and provides access to the residential areas northwest of Kalispell. According to traffic counts conducted by MDT in Abelin Traffic Services 2 August, 2021 Starling Subdivision Traffic Impact Study Kalispell, Montana 2019, Old Reserve Drive carried 8,100 Vehicles per Day (VPD) west of the Highway 93 bypass. Stillwater Road is a north/south, two-lane collector roadway which extends north from Three Mile Drive past West Reserve Drive to the north. South of Reserve Drive the road has a paved width of 24 to 36 feet and a posted speed limit of 35 MPH. Traffic data collected by ATS indicates that the roadway currently carries 2,000 VPD south of Reserve Drive. The intersection of Stillwater Road and Old Reserve Drive is controlled by a modern roundabout. The road includes a separated left -turn lane at the intersection with Wolfpack Way and has a paved pedestrian trail along the east side of the between Reserve Drive and the DNRC offices. A review of traffic data collected by ATS in 2015 and 2018 indicates that the Kalispell Bypass has decreased traffic volumes on Stillwater Road to the south by providing an alternative north/south route through the western portion of Kalispell. Timberwolf Parkway extends east from Stillwater Road and provides access to the Kalispell DNRC and DEQ offices. The roadway has a paved width of 55 feet and includes sidewalks along the northern side of the roadway adjacent to the DNRC offices. Traffic Data In September 2020 Abelin Traffic Services (ATS) collected traffic data at area intersections to evaluate current operations characteristics. These counts included peak -hour turning movement counts and daily traffic volume counts. The peak -hour turning movement counts were performed at the intersections of Stillwater Road with West Reserve Drive, Timberwolf Parkway, and Four Mile Drive. Additional 24-hour traffic counts were taken on Stillwater Road south of West Reserve Drive. The raw traffic data is included in Appendix A of this report. Generally, raw traffic data is adjusted for seasonal variation using automatic count site data. However, with the impact of the COVID-19 outbreak, traffic data must also be reviewed for pandemic related variation. ATS obtained traffic data from MDT's automatic continuous count site located on US Highway 2 west of Kalispell (Station A-24). The continuous count data indicates the traffic counts collected on September 30'h 2020 are 120% of the 2019 AADT (Average Annual Daily Traffic) in this area. For a conservative result no factorization applied was to the raw data for the analysis of this project. Historic Traffic Data Abelin Traffic Services obtained historic traffic data for Old Reserve Drive from the Montana DOT. This data is presented in Table 1. The traffic data history for this area indicates that traffic volumes increased sharply when the Kalispell Bypass was completed in 2016. Due to the relatively short existence of the bypass, the current growth trends for the area are not Abelin Traffic Services 3 August, 2021 Starling Subdivision Traffic Impact Study Kalispell, Montana defined. The only other available traffic data on West Reserve Drive is for the section near S- 424 (Farm to Market Road) which has not shown significant growth over the past ten years. It should be noted that this area of Kalispell has the potential to considerable future growth and there is little to no baseline traffic data available for many of the roads in this area, including Stillwater Road. It may be of value for the City of Kalispell and/or MDT to develop new annual traffic count stations in this area to set baseline traffic information and help predict future traffic volumes within the area. Table 1 - Historic Traffic Data Location 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Old Reserve Drive East 3,100 3,070 2,900 3,100 5,550 5,409 5,366 4,293 4,319 4,017 of HWY 93 Bypass Old Reserve Drive West _ _ _ _ 7,670 8,179 8,040 8,048 8,096 6,321 of HWY 93 Bypass West Reserve Drive 2,270 2,470 2,570 2,470 2,240 2,217 2,272 2,247 2,495 2,530 E of S-424 Planned Road Improvements The Montana Department of Transportation is currently in the planning phases of a reconstruction plan for West Reserve Drive from Stillwater Road to Farm to Market Road that will improve the route to accommodate future growth in this area. The reconstruction will include road widening, intersection turning lanes, and an adjacent shared use path. This project is currently in the planning phase. The recent Move 2040 Kalispell Area Transportation Plan draft document (July 2021) recommends developing a roundabout at the intersection of Stillwater Road and Timberwolf Parkway in TSM 30 to address potential future traffic demands in this area. Additional Developments A variety of development projects are currently planned and underway north of Old Reserve Drive. This includes the unconstructed units in phases 1-5 of the West View Estates (126 units total) and the Owl View Landing apartments which are currently under construction. The first phase of Owl View Landing condominiums will include 40 residential units. The projected traffic from the unbuilt portions of the West View Estates Phases 1-5 (86 units) and the first phase of the Owl View Landing condominiums (40 units) are included in this traffic analysis. West View Estates, Phases 4 & 5 are planned for construction with 40 residential lots. West View Estates North (198 lots) and the remainder of Owl View Landing (120 units) are future planned developments. Ultimately there will be a total of 484 new residential units from these projects. Traffic from these developments was included in the future modeling for this study. The Bloomstone development is currently planned for construction east of the Highway 93 Abelin Traffic Services 4 August, 2021 Starling Subdivision Traffic Impact Study Kalispell, Montana Bypass and north of Four -Mile Drive. Phase 1 of the project has been constructed and Phase 2 is nearing 50% buildout. Phases 3 thru 6 are in preliminary plat. The project will ultimately include 569 residential dwelling units. This project is planned to be completed over the next 5-10 years. Most of the traffic from this project will flow into the Kalispell area using Four - Mile Drive and the Highway 93 Bypass. The connection from the development south to Four Mile Drive along Treeline Road has not yet been constructed. Future traffic from this development using Stillwater Road was included in the future traffic modeling for this study. 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 shows the existing 2020 LOS for the AM and PM peak hours without the traffic from the proposed developments in this area. The LOS calculations are included in Appendix C. The table shows that all of the existing intersections in this area are currently operating within acceptable limits and have considerable capacity for future growth. Table 2 — 2020 Level of Service Summary AM Peak Hour PM Peak Hour Intersection Delay Sec. LOS Delay Sec. LOS Reserve Drive & Stillwater Road 4.7 A 4.3 A Stillwater Road & Timberwolf Parkway* 10.8 B 9.4 A Stillwater Road & Four Mile Drive* 11.9/10.5 B/B 10.8/10.2 B/B *Minor Street Approach LOS & Delay. D. PROPOSED DEVELOPMENT The Starling Subdivision is currently proposed on a 58-acre parcel of land located west of Stillwater Road and south of West Reserve Drive. The development would be constructed in 8 phases over the next 7 years and would create up to 389 new residential units at full development. The first three phases are currently planned for construction by 2022 and would include 75 single- family lot in Phases 1&2 and 35 multi -family units in Phase 3. Access to the development property would be through two approaches onto Stillwater Road. The northern approach would be located across from the existing Timberwolf Parkway intersection and the southern approach would be Abelin Traffic Services 5 August, 2021 Starling Subdivision Traffic Impact Study Kalispell, Montana located 600 feet to the south. The development will include internal roadways built to City of Kalispell specifications with the new extension of Timberwolf Parkway constructed to urban collector standards. The project would also include ROW for future roads to the north, west, and south of the property to connect with future developments. The Starling Subdivision site plan is shown in Figure 2. 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 developments would produce 278 AM peak hour trips, 372 PM peak hour trips, and 3,598 daily trips at full development. See Table 3 for detailed trip generation information. Peak school traffic and peak commuter traffic does not generally occur at the same time. During the morning, the peak commuter period was 7:45-8:00 which was slightly before the peak school period between 8:00 and 8:15. In the afternoon, the peak school period occurs in the mid -afternoon and the peak commuter period was 5:00-5:15. The AM peak school traffic period was accounted for in the analysis, but the peak afternoon period of school traffic was not reviewed in detail for this project. Typically, residential trip generation will be very low during the short period in which school is released in the afternoon. F. TRIP DISTRIBUTION The traffic distribution and assignment for the proposed subdivision was based upon the existing ADT volumes along the adjacent roadways and peak -hour volumes. It is expected that traffic will distribute onto Stillwater Road and then travel north to Reserve Drive or south to Four Mile Drive to access the Highway 93 Bypass and then distribute onto the greater road network in Kalispell. While some traffic from the proposed development will likely use Wolfpack Way to access Glacier High School, this route will not typically be used by commuter traffic from the Starling Subdivision. Although the route on Wolfpack Way is shorter, the total travel times on the narrow and curving roads south of the school are higher than simply using the roundabout at Reserve Street to connection with locations to the east. Vehicles will distribute onto the surrounding road network as shown on Figure 3. Abelin Traffic Services 6 August, 2021 Starling Subdivision Traffic Impact Study Kalispell, Montana Figure 2 - Proposed Starling Subdivision Abelin Traffic Services 7 August, 2021 Starling Subdivision Traffic Impact Study Kalispell, Montana Table 3 - TriD Generation Rates AM Peak Total AM PM Peak Total PM Hour Trip Peak Hour Trip Peak Weekday Total Ends per Hour Trip Ends per Hour Trip Trip Ends Weekday Land Use Units Unit Ends Unit Ends per Unit Trip Ends Phase 1 Single Family Res. # 210 41 0.74 30 0.99 41 9.44 387 Phase 2 Single Family Res. # 210 34 0.74 25 0.99 34 9.44 321 Phase 3 Multi - Family Res. #220 35 0.46 16 0.56 20 7.32 256 Phase 4 Single Family Res. # 210 61 0.74 45 0.99 60 9.44 576 Phase 5 Single Family Res. # 210 95 0.74 70 0.99 94 9.44 897 Phase 6 Single Family Res. # 210 43 0.74 32 0.99 43 9.44 406 Phase 7 Single Family Res. # 210 32 0.74 24 0.99 32 9.44 302 Phase 8 Single Family Res. # 210 48 0.74 36 0.99 48 9.44 453 TOTAL 389 278 372 3,598 G. TRAFFIC IMPACTS OUTSIDE OF THE DEVELOPMENT Using the trip generation and trip distribution numbers, ATS determined the future Level of Service for the area intersections. The anticipated intersection LOS with the proposed development is shown in Table 4. This analysis includes the projected traffic from the other planned developments in this area. The LOS calculations are included in Appendix C of this report. The table indicates that the construction of the Starling Subdivision will not cause any roadway capacity problems in this area. The Starling Subdivision would increase traffic volumes on Stillwater Road to 3,000 VPD, which is well within the capacity of this two-lane roadway. Traffic volumes on Old Reserve Drive will increase by 400 VPD. The intersection improvements which were installed with the bypass project at four -mile drive provide sufficient capacity for significant growth in this area. The roundabout at the intersection of West Reserve Drive and Stillwater Road provides considerable reserve capacity for future growth. A review of the traffic volume projections at this intersection indicate that the roundabout will still function at LOS C with 200% more overall traffic than what is currently projected with the Starling Subdivision and the other planned developments in this area. Abelin Traffic Services 8 August, 2021 Starling Subdivision Traffic Impact Study Kalispell, Montana Figure 3 — Peak -Hour Trip Distribution 5% Table 4 — Proiected Level of Service With Develooments AM Peak Hour PM Peak Hour Intersection Delay Sec. LOS Delay Sec. LOS Reserve Drive & Stillwater Road 5.7 A 5.7 A Stillwater Road & 12.1/13.6 B/B 11.0/12.9 B/B Timberwolf Parkway* Stillwater Road & Southern Approach* 11.3 B 10.6 B Stillwater Road & Four 18.2/13.9 C/B 14.8/11.5 B/B Mile Drive* *Minor Street Approach LOS & Delay. ATS also evaluated the turn -lane warrants for the area with the additional traffic from the Starling Subdivision at the two approaches onto Stillwater Road. The analysis indicates that with the additional traffic from the residential developments in this area, the intersection of Stillwater Road with Timberwolf Parkway and the southern approach to the Starling Subdivision will be below the threshold volumes warrants for the installation of northbound left -turn deceleration lanes on Stillwater Road based on MDT Figure 13.317 (See Appendix D). Abelin Traffic Services 9 August, 2021 Starling Subdivision Traffic Impact Study Kalispell, Montana The recent Move 2040 Kalispell Area Transportation Plan draft document recommends developing a roundabout at the intersection of Stillwater Road and Timberwolf Parkway (TSM 30) to address potential future traffic demands in this area. While this may become necessary in the future, it may not be desirable to implement this improvement at this time. The need for this roundabout will be driven by the possible future developments to the east of Stillwater Road and a potential extension of Timberwolf Parkway to connect with Old Reserve Drive to the east. The development of the Starling Subdivision alone will not create the need for a roundabout at Timberwolf Parkway. Additionally, if the developers in this area choose to align the road connections along the south side of Glacier High School and connect with the intersection of Stillwater Road and Wolfpack Way instead of Timberwolf Parkway, then the roundabout should instead be installed at the Wolfpack Way intersection. Until the future road layouts in this area are more defined, it may be desirable to delay intersection improvements along Stillwater Road. The developers should consider the installation of a crosswalk near Timberwolf Parkway to provide access to Glacier High School from the Starling Subdivision. This crosswalk should include overhead lighting for night-time visibility. The City of Kalispell and MDT should develop seasonal count stations along Stillwater Road to help monitor traffic volumes in this area are develop baseline traffic information to help drive future planning efforts for northwest Kalispell. H. IMPACT SUMMARY & RECOMMENDATIONS As proposed, the Starling Subdivision will increase traffic volumes on the surrounding road network but will not require any special roadway improvement to create additional capacity. The Kalispell bypass project has significantly improved traffic flows through this area and was designed to provide considerable reserve capacity at the intersections along Stillwater Road. The developers should consider creating a crosswalk at the Timberwolf Parkway intersection to provide access to Glacier High School from the development site. This crosswalk should include overhead lighting for night-time visibility. Abelin Traffic Services 10 August, 2021 APPENDIX A Traffic Data Turning Movement Count All Vehicles Location Kalispell - Stillwater/ Reserve Roundabout Date 9/30/2020 Northbound Southbound Eastbound Westbound Left Thr Right Peds Left Thr Right Peds Left Thr Right Peds Left Thr Right Peds TOTAL 7:00 - 7:15 7:15 - 7:30 7:30 - 7:45 7:45 - 8:00 8:00 - 8:15 8:15 - 8:30 8:30 - 8:45 8:45 - 9:00 9:00 - 9:15 9:15 - 9:30 9:30 - 9:45 9:45 - 10:00 10:00 10:15 10:15 - 10:30 10:30 - 10:45 10:45 - 11:00 11:00 - 11:15 11:15 - 11:30 11:30 - 11:45 11:45 - 12:00 12:00 - 12:15 12:15 - 12:30 12:30 - 12:45 12:45 - 1:00 1:00 - 1:15 1:15 - 1:30 1:30 - 1:45 1:45 - 2:00 2:00 - 2:1 5 2:15 - 2:30 2:30 - 2:45 2:45 - 3:00 3:00 - 3:15 3:15 - 3:30 3:30 - 3:45 3:45 - 4:00 4:00 - 4:1 5 4:15 - 4:30 4:30 - 4:45 4:45 - 5:00 5:00 - 5:15 5:15 - 5:30 5:30 - 5:45 5:45 - 6:00 6:00 - 6:15 6:15 - 6:30 6:30 - 6:45 6:45 - 7:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9 1 5 0 5 9 0 0 1 37 9 0 5 9 6 0 9 4 10 0 7 9 1 0 0 45 30 0 22 25 7 0 9 11 4 0 2 4 1 0 1 46 11 0 24 25 4 0 2 11 6 0 1 4 1 0 1 53 5 0 6 16 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 5 6 0 6 14 1 0 2 17 6 0 5 36 4 0 3 8 7 0 8 8 0 0 0 22 3 0 8 49 5 0 13 2 13 0 13 5 1 0 1 23 7 0 7 54 3 0 10 8 6 0 8 8 4 0 0 18 7 0 9 51 5 0 6 1 4 0 2 3 1 0 0 5 0 0 2 16 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 96 169 142 114 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 107 121 142 134 43 0 0 0 0 0 66 51 61 0 52 64 10 0 6 266 78 0 88 281 45 0 1068 Turning Movement Count All Vehicles Location Kalispell Stillwater Road at Four Mile Drive Date 9/30/2020 Northbound Southbound Eastbound Westbound Left Thr Right Peds Left Thr Right Peds Left Thr Right Peds Left Thr Right Peds TOTAL 7:00 - 7:15 7:15 - 7:30 7:30 - 7:45 7:45 - 8:00 8:00 - 8:15 8:15 - 8:30 8:30 - 8:45 8:45 - 9:00 9:00 - 9:15 9:15 - 9:30 9:30 - 9:45 9:45 - 10:00 10:00 10:15 10:15 - 10:30 10:30 - 10:45 10:45 - 11:00 11:00 - 11:15 11:15 - 11:30 11:30 - 11:45 11:45 - 12:00 12:00 - 12:15 12:15 - 12:30 12:30 - 12:45 12:45 - 1:00 1:00 - 1:15 1:15 - 1:30 1:30 - 1:45 1:45 - 2:00 2:00 - 2:1 5 2:15 - 2:30 2:30 - 2:45 2:45 - 3:00 3:00 - 3:15 3:15 - 3:30 3:30 - 3:45 3:45 - 4:00 4:00 - 4:1 5 4:15 - 4:30 4:30 - 4:45 4:45 - 5:00 5:00 - 5:15 5:15 - 5:30 5:30 - 5:45 5:45 - 6:00 6:00 - 6:15 6:15 - 6:30 6:30 - 6:45 6:45 - 7:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 19 14 0 15 5 0 0 4 2 0 0 2 2 24 0 2 33 12 0 18 6 0 0 1 5 0 0 10 2 28 0 0 21 12 0 15 7 1 0 0 5 0 0 4 1 38 0 0 4 6 0 10 2 0 0 0 3 0 0 4 2 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 4 0 11 11 1 0 2 0 0 0 9 2 14 0 0 3 9 0 16 7 0 0 0 1 0 0 16 3 10 0 0 5 6 0 19 9 0 0 0 2 0 0 20 6 19 0 1 4 16 0 16 9 0 0 0 3 0 0 24 2 15 0 0 1 6 0 14 6 1 0 1 5 0 0 16 5 18 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 87 117 104 38 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 57 65 86 90 73 0 0 0 0 0 3 93 85 0 134 62 3 0 8 26 0 0 105 25 173 0 717 APPENDIX B Traffic Model Starling Traffic Model Existing AM2021 Peak Hour (15 Min x 4) Reserve Drive South Approach Four Mile Drive 4 «i 36 j 28 {� 4 J 180 y 120 0 «i 88 j 24 {� 0 J 0 0 Seasonal/Covid Factor 1 L r h t e 4.8 A 28 100 88 36 16 56 10.8 B 8 0 12 0 256 32 0 «i 100 j 0 0 0 t 288 4 «i 24 j 72 {� 4 J 20 4 Z L r t Timberwolf Parkway 11.9/10.5 B/B 152 8 40 8 132 48 Stillwater Road Starling Traffic Model Existing PM 2021 Peak Hour (15 Min x 4) Reserve Drive South Approach Four Mile Drive 4 «i 20 1 52 {� 4 J 92 y 28 Z 0 «i 52 1 8 {� 0 J 0 0 L r h t e 4.3 A 12 216 28 52 8 52 9.4 A 32 0 48 0 60 16 0 «i 100 1 0 0 0 t 76 0 «i 36 1 64 0 J 12 y 0 Z L r t Timberwolf Parkway 10.8/10.2 B/B 60 8 96 4 16 64 Stillwater Road Starling Traffic Model AM Traffic Site Generated 1% L 2 j Reserve Drive 16 J 9 t 6 3 JO 47 21 63 13 4J L 8 j 4 60% :� r 38 J h 25 13 y t 25 IN 70 76 JO OUT 210 8 «i 40% 76 j South Approach 25 J h 20 59 t 25 134 45 13 4J L 31 27 j 94 4 r Four Mile Drive 4 J t 9 Z � Stillwater Road Timberwolf Parkway Starling Traffic Model PM Traffic Site Generated Reserve Drive IN OUT South Approach Four Mile Drive 1% L 7 j {� r 53 J 6 t 4 11 e 31 70 41 42 4J L 28 j 14 60% :� r 25 J h 84 8 y t 17 234 50 138 28 «i 40% 50 j 17 J h 66 39 t 84 881 150 9 4J L 105 18 j 62 r 15 J h t 30 Z e Stillwater Road Timberwolf Parkway Starling Traffic Model AM Traffic Other Projects Projected Traffic Owl View West View Reserve Drive South Approach Four Mile Drive 9 4J L 19 17 1 15 61 6 3 J 4 y t 5 J* 2 1% L 24 1 � r 24 1 J h Z t 7 24 7 2 4J L 5 5 1 17 {� r 1 J � t 1 Z � Stillwater Road Timberwolf Parkway Starling Traffic Model PM Traffic Other Projects Projected Traffic Owl View West View Reserve Drive South Approach Four Mile Drive 5 4J L 64 11 1 9 37 4 9 J 14 y t 18 J* 6 1% L 15 1 � r J �1 t 24 Z 1% 15 1 J h t 24 15 24 4J L 17 0 1 0 r 0 J �1 0 y t 5 Z Stillwater Road Timberwolf Parkway Starling Traffic Model AM Traffic Total Projected Traffic All Developments Reserve Drive South Approach Four Mile Drive 5.7 A 13 4J L 63 55 1 141 95 110 7 J 45 192 y t 28 123 105 12.1/13.6 B/B 13 4J L 8 120 1 4 24 15 38 J h 25 Timberwolf Parkway 13 y t 288 76 JO 40 11.3 B 8 «i 202 1 25 J h 20 59 It 328 18.2/13.9 C/B 20 4J L 196 56 1 16 186 43 9 J 8 23 y t 142 4 Z 90 49 Stillwater Road Starling Traffic Model PM Traffic Total Projected Traffic All Developments Reserve Drive South Approach Four Mile Drive 5.7 A 9 4J L 85 38 1 239 106 84 13 1 58 133 y t 31 39 89 11.0/12.9 B/B 42 4J L 32 95 1 14 8 57 25 1 h 84 Timberwolf Parkway 8 y t 101 50 JO 21 10.6 B 28 «i 173 1 17 1 h 66 39 It 190 14.8/11.5 B/B 9 4J L 187 54 1 12 135 r 98 15 1 h 4 20 y t 51 0 Z 90 67 Stillwater Road APPENDIX C LOS Calculations General Information Site Information Analyst RLA Intersection West Reserve & Stillwater Agency or Co. ATS E/W Street Name N/S Street Name Analysis Time Period (hrs) West Reserve Drive Stillwater Road 0.25 Date Performed 5/20/2021 Analysis Year 2020 Time Analyzed Existing AM Peak Peak Hour Factor 1.00 Project Description Starling Subdivsion Jurisdiction Kalispell Volume Adjustments and Site Characteristics Approach EB WB NB SB Movement U L T R U L T R U L T R U L T R Number of Lanes (N) 0 0 1 0 0 0 1 0 0 0 1 0 0 0 1 0 Lane Assignment LTR LTR LTR LTR Volume (V), veh/h 0 4 180 120 0 88 100 28 0 36 16 56 0 28 36 4 Percent Heavy Vehicles, % 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 Flow Rate (vPce), pc/h 0 4 185 124 0 91 103 29 0 37 16 58 0 29 37 4 Right -Turn Bypass None None None None Conflicting Lanes 1 1 1 1 Pedestrians Crossing, p/h 0 0 0 0 Critical and Follow -Up Headway Adjustment Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Critical Headway (s) 4.9763 4.9763 4.9763 4.9763 Follow -Up Headway (s) 2.6087 2.6087 2.6087 2.6087 Flow Computations, Capacity and v/c Ratios Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Entry Flow (ve), pe/h 313 223 111 70 Entry Volume, veh/h 304 217 108 68 Circulating Flow (vc), pc/h 157 57 218 231 Exiting Flow (vex), pe/h 272 144 49 252 Capacity (cpce), pe/h 1176 1302 1105 1090 Capacity (c), veh/h 1142 1264 1073 1059 v/c Ratio (x) 0.27 0.17 0.10 0.06 Delay and Level of Service Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Lane Control Delay (d), s/veh 5.6 4.3 4.2 4.0 Lane LOS A A A A 95% Queue, veh 1.1 0.6 0.3 0.2 Approach Delay, s/veh 5.6 4.3 4.2 4.0 Approach LOS A A A A 4.8 A Intersection Delay, s/veh I LOS Copyright U 2021 University of Florida. All Rights Reserved. HCSM Roundabouts Version 7.9 Generated: 6/2/2021 10:53:36 AM RoundaboutsAM.xro General Information Site Information Analyst RLA Intersection West Reserve & Stillwater Agency or Co. ATS E/W Street Name N/S Street Name Analysis Time Period (hrs) West Reserve Drive Stillwater Road 0.25 Date Performed 5/20/2021 Analysis Year 2020 Time Analyzed Existing PM Peak Peak Hour Factor 1.00 Project Description Starling Subdivsion Jurisdiction Kalispell Volume Adjustments and Site Characteristics Approach EB WB NB SB Movement U L T R U L T R U L T R U L T R Number of Lanes (N) 0 0 1 0 0 0 1 0 0 0 1 0 0 0 1 0 Lane Assignment LTR LTR LTR LTR Volume (V), veh/h 0 4 92 28 0 28 216 12 0 52 8 52 0 52 20 4 Percent Heavy Vehicles, % 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 Flow Rate (vPce), pc/h 0 4 95 29 0 29 222 12 0 54 8 54 0 54 21 4 Right -Turn Bypass None None None None Conflicting Lanes 1 1 1 1 Pedestrians Crossing, p/h 0 0 0 0 Critical and Follow -Up Headway Adjustment Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Critical Headway (s) 4.9763 4.9763 4.9763 4.9763 Follow -Up Headway (s) 2.6087 2.6087 2.6087 2.6087 Flow Computations, Capacity and v/c Ratios Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Entry Flow (ve), pe/h 128 263 116 79 Entry Volume, veh/h 124 255 113 77 Circulating Flow (vc), pc/h 104 66 153 305 Exiting Flow (vex), pe/h 203 280 24 79 Capacity (cpce), pe/h 1241 1290 1181 1011 Capacity (c), veh/h 1205 1253 1146 982 v/c Ratio (x) 0.10 0.20 0.10 0.08 Delay and Level of Service Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Lane Control Delay (d), s/veh 3.8 4.6 4.0 4.4 Lane LOS A A A A 95% Queue, veh 0.3 0.8 0.3 0.3 Approach Delay, s/veh 3.8 4.6 4.0 4.4 Approach LOS A A A A 4.3 A Intersection Delay, s/veh I LOS Copyright U 2021 University of Florida. All Rights Reserved. HCSM Roundabouts Version 7.9 Generated: 6/2/2021 10:54:45 AM RoundaboutsPM.xro HCS7 Two -Way Stop -Control Report General Information Site Information Analyst RLA Intersection Stillwater & Timberwolf Agency/Co. ATS Jurisdiction Kalispell Date Performed 5/20/2021 East/West Street Timberwolf Parkway Analysis Year 2020 North/South Street Stillwater Road Time Analyzed Existing AM Peak Peak Hour Factor 1.00 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Starling Subdivision Lanes J4 1U 4 A'iIftYt '�r Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 0 0 0 1 0 0 0 1 0 0 0 1 0 Configuration LR TR LT Volume (veh/h) 12 8 256 32 24 88 Percent Heavy Vehicles (%) 3 3 3 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized Median Type I 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) 20 24 Capacity, c (veh/h) 646 1268 v/c Ratio 0.03 0.02 95% Queue Length, Q95 (veh) 0.1 0.1 Control Delay (s/veh) 10.8 7.9 Level of Service (LOS) B A Approach Delay (s/veh) 10.8 1.8 Approach LOS B Copyright © 2021 University of Florida. All Rights Reserved. HCSM TWSC Version 7.9.5 Generated: 8/16/2021 8:39:01 AM TimberwolfAM.xtw HCS7 General Information Two -Way Stop -Control Report Site Information Analyst RLA Intersection Stillwater & Timberwolf Agency/Co. ATS Jurisdiction Kalispell Date Performed 5/20/2021 East/West Street Timberwolf Parkway Analysis Year 2020 North/South Street Stillwater Road Time Analyzed Existing PM Peak Peak Hour Factor 1.00 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Starling Subdivision Lanes 4 J4 1U A'iIftYt '�r Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L132 U L T R U L T R Priority 10 11 12 71 U 1 2 3 4U 4 5 6 Number of Lanes 0 0 0 0 0 0 1 0 0 0 1 0 Configuration TR LT Volume (veh/h) 48 60 16 8 52 Percent Heavy Vehicles (%) 3 3 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized Median Type I 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) 80 8 Capacity, c (veh/h) 902 1517 v/c Ratio 0.09 0.01 95% Queue Length, Q95 (veh) 0.3 0.0 Control Delay (s/veh) 9.4 7.4 Level of Service (LOS) A A Approach Delay (s/veh) 9.4 1.0 Approach LOS A Copyright © 2021 University of Florida. All Rights Reserved. HCSM TWSC Version 7.9.5 Generated: 8/16/2021 8:39:42 AM TimberwolfPM.xtw HCS7 General Information Two -Way Stop -Control Report 1111116 Site Information Analyst RLA Intersection Stillwater & Fourmile Agency/Co. ATS Jurisdiction Kalispell Date Performed 5/20/2021 East/West Street Fourmile Drive Analysis Year 2020 North/South Street Stillwater Road Time Analyzed Existing AM Peak Peak Hour Factor 1.00 Intersection Orientation North -South Project Description Starling Subdivision Lanes Analysis Time Period (hrs) T t + Y T Fr Major Street: North -South 0.25 Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 1 1 0 0 0 1 0 0 1 1 0 Configuration LTR L TR LTR L TR Volume (veh/h) 4 20 4 40 8 152 5 132 48 72 24 4 Percent Heavy Vehicles (%) 3 3 3 3 3 3 3 3 Proportion Time Blocked Percent Grade (%) 0 0 Right Turn Channelized Median Type I 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) 28 40 160 5 72 Capacity, c (veh/h) 553 561 861 1579 1389 v/c Ratio 0.05 0.07 0.19 0.00 0.05 95% Queue Length, Q95 (veh) 0.2 0.2 0.7 0.0 0.2 Control Delay (s/veh) 11.9 11.9 10.1 7.3 7.7 Level of Service (LOS) B B B A A Approach Delay (s/veh) 11.9 10.5 0.2 5.6 Approach LOS B B Copyright © 2021 University of Florida. All Rights Reserved. HCSM TWSC Version 7.9 Generated: 6/2/2021 10:47:21 AM Fourm i IeAM.xtw HCS7 General Information Two -Way Stop -Control Report 1111116 Site Information Analyst RLA Intersection Stillwater & Fourmile Agency/Co. ATS Jurisdiction Kalispell Date Performed 5/20/2021 East/West Street Fourmile Drive Analysis Year 2020 North/South Street Stillwater Road Time Analyzed Existing PM Peak Peak Hour Factor 1.00 Intersection Orientation North -South Project Description Starling Subdivision Lanes Analysis Time Period (hrs) T t + Y T Fr Major Street: North -South 0.25 Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 1 1 0 0 0 1 0 0 1 1 0 Configuration LTR L TR LTR L TR Volume (veh/h) 1 12 1 96 8 60 4 16 64 64 36 1 Percent Heavy Vehicles (%) 3 3 3 3 3 3 3 3 Proportion Time Blocked Percent Grade (%) 0 0 Right Turn Channelized Median Type I 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) 14 96 68 4 64 Capacity, c (veh/h) 639 690 953 1567 1512 v/c Ratio 0.02 0.14 0.07 0.00 0.04 95% Queue Length, Q95 (veh) 0.1 0.5 0.2 0.0 0.1 Control Delay (s/veh) 10.8 11.1 9.1 7.3 7.5 Level of Service (LOS) B B A A A Approach Delay (s/veh) 10.8 10.2 0.4 4.7 Approach LOS B B Copyright © 2021 University of Florida. All Rights Reserved. HCSM TWSC Version 7.9 Generated: 6/2/2021 10:49:05 AM FourmilePM.xtw General Information Site Information Analyst RLA Intersection West Reserve & Stillwater Agency or Co. ATS E/W Street Name N/S Street Name Analysis Time Period (hrs) West Reserve Drive Stillwater Road 0.25 Date Performed 5/20/2021 Analysis Year 2022 Time Analyzed Future AM Peak With Dev. Peak Hour Factor 1.00 Project Description Starling Subdivsion Jurisdiction Kalispell Volume Adjustments and Site Characteristics Approach EB WB NB SB Movement U L T R U L T R U L T R U L T R Number of Lanes (N) 0 0 1 0 0 0 1 0 0 0 1 0 0 0 1 0 Lane Assignment LTR LTR LTR LTR Volume (V), veh/h 0 7 192 123 0 110 141 63 0 45 28 105 0 95 55 13 Percent Heavy Vehicles, % 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 Flow Rate (vPce), pc/h 0 7 198 127 0 113 145 65 0 46 29 108 0 98 57 13 Right -Turn Bypass None None None None Conflicting Lanes 1 1 1 1 Pedestrians Crossing, p/h 0 0 0 0 Critical and Follow -Up Headway Adjustment Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Critical Headway (s) 4.9763 4.9763 4.9763 4.9763 Follow -Up Headway (s) 2.6087 2.6087 2.6087 2.6087 Flow Computations, Capacity and v/c Ratios Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Entry Flow (ve), pe/h 332 323 183 168 Entry Volume, veh/h 322 314 178 163 Circulating Flow (vc), pc/h 268 82 303 304 Exiting Flow (vex), pe/h 404 204 101 297 Capacity (cpce), pe/h 1050 1269 1013 1012 Capacity (c), veh/h 1019 1232 984 983 v/c Ratio (x) 0.32 0.25 0.18 0.17 Delay and Level of Service Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Lane Control Delay (d), s/veh 6.7 5.2 5.4 5.2 Lane LOS A A A A 95% Queue, veh 1.4 1.0 0.7 0.6 Approach Delay, s/veh 6.7 5.2 5.4 5.2 Approach LOS A A A A 5.7 A Intersection Delay, s/veh I LOS Copyright U 2021 University of Florida. All Rights Reserved. HCSM Roundabouts Version 7.9 Generated: 6/2/2021 10:54:24 AM RoundaboutsAMwith.xro General Information Site Information Analyst RLA Intersection West Reserve & Stillwater Agency or Co. ATS E/W Street Name N/S Street Name Analysis Time Period (hrs) West Reserve Drive Stillwater Road 0.25 Date Performed 5/20/2021 Analysis Year 2022 Time Analyzed Future PM Peak With Dev. Peak Hour Factor 1.00 Project Description Starling Subdivsion Jurisdiction Kalispell Volume Adjustments and Site Characteristics Approach EB WB NB SB Movement U L T R U L T R U L T R U L T R Number of Lanes (N) 0 0 1 0 0 0 1 0 0 0 1 0 0 0 1 0 Lane Assignment LTR LTR LTR LTR Volume (V), veh/h 0 13 133 39 0 84 239 85 0 58 31 89 0 106 38 9 Percent Heavy Vehicles, % 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 Flow Rate (vPce), pc/h 0 13 137 40 0 87 246 88 0 60 32 92 0 109 39 9 Right -Turn Bypass None None None None Conflicting Lanes 1 1 1 1 Pedestrians Crossing, p/h 0 0 0 0 Critical and Follow -Up Headway Adjustment Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Critical Headway (s) 4.9763 4.9763 4.9763 4.9763 Follow -Up Headway (s) 2.6087 2.6087 2.6087 2.6087 Flow Computations, Capacity and v/c Ratios Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Entry Flow (ve), pe/h 190 421 184 157 Entry Volume, veh/h 184 409 179 152 Circulating Flow (vc), pc/h 235 105 259 393 Exiting Flow (vex), pe/h 338 315 133 166 Capacity (cpce), pe/h 1086 1240 1060 924 Capacity (c), veh/h 1054 1204 1029 897 v/c Ratio (x) 0.17 0.34 0.17 0.17 Delay and Level of Service Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Lane Control Delay (d), s/veh 5.0 6.2 5.1 5.7 Lane LOS A A A A 95% Queue, veh 0.6 1.5 0.6 0.6 Approach Delay, s/veh 5.0 6.2 5.1 5.7 Approach LOS A A A A 5.7 A Intersection Delay, s/veh I LOS Copyright U 2021 University of Florida. All Rights Reserved. HCSM Roundabouts Version 7.9 Generated: 6/2/2021 10:55:11 AM Roundabouts PMwith.xro HCS7 General Information Two -Way Stop -Control Report Site Information Analyst RLA Intersection Stillwater & Timberwolf Agency/Co. ATS Jurisdiction Kalispell Date Performed 5/20/2021 East/West Street Timberwolf Parkway Analysis Year 2022 North/South Street Stillwater Road Time Analyzed Future AM Peak With Dev. Peak Hour Factor 1.00 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Starling Subdivision Lanes 4 Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 1 0 0 1 1 0 0 1 1 0 Configuration LTR LTR L TR L TR Volume (veh/h) 38 13 76 15 4 8 25 288 40 24 120 13 Percent Heavy Vehicles (%) 3 3 3 3 3 3 3 3 Proportion Time Blocked Percent Grade (%) 0 0 Right Turn Channelized Median Type I 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) 127 27 25 24 Capacity, c (veh/h) 631 445 1446 1226 v/c Ratio 0.20 0.06 0.02 0.02 95% Queue Length, Q95 (veh) 0.7 0.2 0.1 0.1 Control Delay (s/veh) 12.1 13.6 7.5 8.0 Level of Service (LOS) B B A A Approach Delay (s/veh) 12.1 13.6 0.5 1.2 Approach LOS B B Copyright © 2021 University of Florida. All Rights Reserved. HCSM TWSC Version 7.9.5 Generated: 8/16/2021 8:40:44 AM TimberwolfAMwith.xtw HCS7 General Information Two -Way Stop -Control Report Site Information Analyst RLA Intersection Stillwater & Timberwolf Agency/Co. ATS Jurisdiction Kalispell Date Performed 5/20/2021 East/West Street Timberwolf Parkway Analysis Year 2022 North/South Street Stillwater Road Time Analyzed Future PM Peak With Dev. Peak Hour Factor 1.00 Intersection Orientation North -South Analysis Time Period (hrs) 0.25 Project Description Starling Subdivision Lanes 4 Major Street: North -South Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 1 0 0 1 1 0 0 1 1 0 Configuration LTR LTR L TR L TR Volume (veh/h) 25 8 50 57 14 32 84 101 21 8 95 42 Percent Heavy Vehicles (%) 3 3 3 3 3 3 3 3 Proportion Time Blocked Percent Grade (%) 0 0 Right Turn Channelized Median Type I 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) 83 103 84 8 Capacity, c (veh/h) 678 556 1441 1459 v/c Ratio 0.12 0.19 0.06 0.01 95% Queue Length, Q95 (veh) 0.4 0.7 0.2 0.0 Control Delay (s/veh) 11.0 12.9 7.7 7.5 Level of Service (LOS) B B A A Approach Delay (s/veh) 11.0 12.9 3.1 0.4 Approach LOS B B Copyright © 2021 University of Florida. All Rights Reserved. HCSM TWSC Version 7.9.5 Generated: 8/16/2021 8:41:25 AM TimberwolfPMwith.xtw HCS7 General Information Two -Way Stop -Control Report 1111116 Site Information Analyst RLA Intersection Stillwater & S Approach Agency/Co. ATS Jurisdiction Kalispell Date Performed 5/20/2021 East/West Street South Approach Analysis Year 2022 North/South Street Stillwater Road Time Analyzed Future AM Peak With Dev. Peak Hour Factor 1.00 Intersection Orientation North -South Project Description Starling Subdivision Lanes 4 Analysis Time Period (hrs) T t + Y T Fr Major Street: North -South 0.25 Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 0 0 0 0 1 0 0 0 1 0 Configuration LR LT TR Volume (veh/h) 25 59 20 360 214 8 Percent Heavy Vehicles (%) 3 3 3 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized Median Type I 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) 84 20 Capacity, c (veh/h) 654 1341 v/c Ratio 0.13 0.01 95% Queue Length, Q95 (veh) 0.4 0.0 Control Delay (s/veh) 11.3 7.7 Level of Service (LOS) B A Approach Delay (s/veh) 11.3 0.5 Approach LOS B Copyright © 2021 University of Florida. All Rights Reserved. HCSM TWSC Version 7.9 Generated: 6/2/2021 10:49:47 AM SoutAppAMwith.xtw HCS7 General Information Two -Way Stop -Control Report 1111116 Site Information Analyst RLA Intersection Stillwater & S Approach Agency/Co. ATS Jurisdiction Kalispell Date Performed 5/20/2021 East/West Street South Approach Analysis Year 2022 North/South Street Stillwater Road Time Analyzed Future PM Peak With Dev. Peak Hour Factor 1.00 Intersection Orientation North -South Project Description Starling Subdivision Lanes 4 Analysis Time Period (hrs) T t + Y T Fr Major Street: North -South 0.25 Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 0 0 0 0 0 1 0 0 0 1 0 Configuration LR LT TR Volume (veh/h) 17 39 66 194 173 28 Percent Heavy Vehicles (%) 3 3 3 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized Median Type I 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) 56 66 Capacity, c (veh/h) 697 1365 v/c Ratio 0.08 0.05 95% Queue Length, Q95 (veh) 0.3 0.2 Control Delay (s/veh) 10.6 7.8 Level of Service (LOS) B A Approach Delay (s/veh) 10.6 2.3 Approach LOS B Copyright © 2021 University of Florida. All Rights Reserved. HCSM TWSC Version 7.9 Generated: 6/2/2021 10:50:23 AM SoutAppPMwith.xtw HCS7 General Information Two -Way Stop -Control Report 1111116 Site Information Analyst RLA Intersection Stillwater & Fourmile Agency/Co. ATS Jurisdiction Kalispell Date Performed 5/20/2021 East/West Street Fourmile Drive Analysis Year 2022 North/South Street Stillwater Road Time Analyzed Future AM Peak With Dev. Peak Hour Factor 1.00 Intersection Orientation North -South Project Description Starling Subdivision Lanes Analysis Time Period (hrs) T t + Y T Fr Major Street: North -South 0.25 Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 1 1 0 0 0 1 0 0 1 1 0 Configuration LTR L TR LTR L TR Volume (veh/h) 9 23 4 43 46 196 8 142 49 186 56 20 Percent Heavy Vehicles (%) 3 3 3 3 3 3 3 3 Proportion Time Blocked Percent Grade (%) 0 0 Right Turn Channelized Median Type I 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) 36 43 242 8 186 Capacity, c (veh/h) 309 329 675 1517 1377 v/c Ratio 0.12 0.13 0.36 0.01 0.14 95% Queue Length, Q95 (veh) 0.4 0.4 1.6 0.0 0.5 Control Delay (s/veh) 18.2 17.6 13.3 7.4 8.0 Level of Service (LOS) C C B A A Approach Delay (s/veh) 18.2 13.9 0.3 5.7 Approach LOS C B Copyright © 2021 University of Florida. All Rights Reserved. HCSM TWSC Version 7.9 Generated: 6/2/2021 10:48:44 AM FourmileAMwithxtw HCS7 General Information Two -Way Stop -Control Report 1111116 Site Information Analyst RLA Intersection Stillwater & Fourmile Agency/Co. ATS Jurisdiction Kalispell Date Performed 5/20/2021 East/West Street Fourmile Drive Analysis Year 2022 North/South Street Stillwater Road Time Analyzed Future PM Peak With Dev. Peak Hour Factor 1.00 Intersection Orientation North -South Project Description Starling Subdivision Lanes Analysis Time Period (hrs) T t + Y T Fr Major Street: North -South 0.25 Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 10 11 12 7 8 9 1 U 1 2 3 4U 4 5 6 Number of Lanes 0 1 0 1 1 0 0 0 1 0 0 1 1 0 Configuration LTR L TR LTR L TR Volume (veh/h) 15 20 1 98 12 187 4 51 67 135 54 9 Percent Heavy Vehicles (%) 3 3 3 3 3 3 3 3 Proportion Time Blocked Percent Grade (%) 0 0 Right Turn Channelized Median Type I 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) 36 98 199 4 135 Capacity, c (veh/h) 404 477 913 1533 1464 v/c Ratio 0.09 0.21 0.22 0.00 0.09 95% Queue Length, Q95 (veh) 0.3 0.8 0.8 0.0 0.3 Control Delay (s/veh) 14.8 14.5 10.0 7.4 7.7 Level of Service (LOS) B B B A A Approach Delay (s/veh) 14.8 11.5 0.3 5.3 Approach LOS B B Copyright © 2021 University of Florida. All Rights Reserved. HCSM TWSC Version 7.9 Generated: 6/2/2021 10:49:22 AM FourmilePMwith.xtw APPENDIX D Turn -Lane Warrants 800 . 700 0 2 (D 600 LU Z 500 2 0- 400 W 300 Z fA :. 0 200 a a o LEFT TURN 0 100 TREATMENT NOTJUSTIFIED Starling South Approach at Full Development LEFT -TURN TREATMENT SHOULD BE CONSIDERED 5% LEFT TURNS IN VA 10% 1 THE FAMILY OF CURVES REPRESENT THE PERCENT OF LEFT TURNS IN 1% \ \ THE ADVANCING VOLUME NA ).THE DESIGNER SHOULD LOCATE THE � k CURVE FOR THE ACTUAL PERCENTAGE OF LEFT TURNS. WHEN THIS IS NOT AN EVEN INCREMENT OF FIVE, THE DESIGNER SHOULD % ESTIMATE WHERE THE CURVE LIES. % 2. READ VA AND Vo INTO THE CHARTAND LOCATE THE INTERSECTION OF THE TWO VOLUMES. M 0 LT 3. NOTE THE LOCATION OF THE POINT IN #2 RELATIVE TO THE LINE IN #1. IF THE POINT IS TO THE RIGHT OF THE LINE,THEN A LEFT -TURN SHOULD BE CONSIDERED.IF THE POINT IS TO THE LEFT OF THE THEN A LEFT -TURN LANE IS NOT WARRANTED BASED ON \LANE 50; LINE, RAFFIC VOLUMES. 100 200 300 400 500 600 700 600 VA -ADVANCING VOLUME (VPH) DURING DESIGN HOUR VOLUME GUIDELINES FOR LEFT -TURN LANES AT UNSIGNALIZED INTERSECTIONS ON 2-LANE HIGHWAYS 45 mph (70 km/h) Figure 13.3F 800 . 700 0 2 (D 600 W Z 500 2 0- 400 W 300 Z fA :. 0 200 a LEFT -TURN 0 100 TREATMENT NOTJUSTIFIED Starling Timberwolf Approach at Full Development LEFT -TURN TREATMENT SHOULD BE CONSIDERED 5% LEFT TURNS IN VA 10% 1 THE FAMILY OF CURVES REPRESENT THE PERCENT OF LEFT TURNS IN 1% \ \ THE ADVANCING VOLUME NA ).THE DESIGNER SHOULD LOCATE THE � k CURVE FOR THE ACTUAL PERCENTAGE OF LEFT TURNS. WHEN THIS IS NOT AN EVEN INCREMENT OF FIVE, THE DESIGNER SHOULD % ESTIMATE WHERE THE CURVE LIES. % 2. READ VA AND Vo INTO THE CHARTAND LOCATE THE INTERSECTION OF THE TWO VOLUMES. 25 LT O 3. NOTE THE LOCATION OF THE POINT IN #2 RELATIVE TO THE LINE IN #1. IF THE POINT IS TO THE RIGHT OF THE LINE,THEN A LEFT -TURN LANE SHOULD BE CONSIDERED.IF THE POINT IS TO THE LEFT OF THE LINE, THEN A LEFT -TURN LANE IS NOT WARRANTED BASED ON M % LT TRAFFICVOLUMES. 100 200 300 400 500 600 700 600 VA -ADVANCING VOLUME (VPH) DURING DESIGN HOUR VOLUME GUIDELINES FOR LEFT -TURN LANES AT UNSIGNALIZED INTERSECTIONS ON 2-LANE HIGHWAYS 45 mph (70 km/h) Figure 13.3F Development Services CITY Department Kalispell, MT 59901 1K:A11ASPE11,11, 2011st Avenue East Phone (406) 758-7940 MAJOR SUBDIVISION PRELIMINARY PLAT Email: planningQkalispell.com Website: www.kalispell.com Project Name Starling Phases 1 -3 Property Address Stillwater Road NAME OF APPLICANT Kllday Stratton; Attn: Greg Stratton Applicant Phone (406) 599-5603 Applicant Address 2880 Technology Blvd West City, State, Zip Kalispell, MT 59817 Applicant Email Address greg@kildaystratton.com and debbie@kildaystratton.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD CYNCAT, Inc Owner Phone Owner Address P.O. Box 952 City, State, Zip Kalispell, MT 59901 Owner Email Address CONSULTANT (ARCH ITECTIENGINEER) Sands Surveying, Inc Phone (406) 755-6481 Address 2 Village Loop City, State, Zip Kalispell, MT 59901 Email Address eric@sandssurveying.com POINT OF CONTACT FOR REVIEW COMMENTS Phone Address City, State, Zip Email Address List ALL owners (any individual or other entity with an ownership interest in the property): Grosswiler Dairy Inc, P.O. Box 952, Kalispell, MT 59901 CPG & Associates, Inc. , 1175 Farm to Market Road, Kalispell, MT 59901 Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): See Attached 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. IKAILI[SPEILIL GENERAL DESCRIPTION OF SUBDIVISION: Number of lots or rental spaces 68 Total Acreage in lots 9.507 Total Acreage in streets or roads 6.8 Total acreage in parks, open spaces and/or common spaces 4.523 PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family 37 sfr Townhouse 40 Commercial/Industrial Multi -family 1 APPLICABLE ZONING DESIGNATION & DISTRICT: ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS: Total Acreage in subdivision 20.84 Minimum size of lots or spaces 1263 sf Maximum size of lots or spaces 5967 sf Mobile home/RV Park Other Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 PROPOSED EROSION/SEDIMENT CONTROL: ARE ANY SUBDIVISION VARIANCES REQUESTED? Yes - See PUD (YES/NO) If yes please complete a separate subdivision variance application APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Board hearing) 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 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) 6. 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. 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 -configured proposed lots base fee + $40 per lot add additional lots or sublots base fee + $125 per lot 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 an 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. re Starling Phases 1 - 3 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.) Starling Phases 1 -3 — Environmental Assessment Section 1— Resource Assessment and Impact Criteria Report Surface Water: Locate on plat overlay or sketch map: The proposed subdivision is located west of Kalispell along Stillwater Road between Four Mile Drive and Old Reserve Drive. None of the subject property is located within the Floodplain of the any river or stream (FIRM Panel 1805J effective 1114/151 A. Any natural water systems such streams intermittent streams, lakes and ponds, rivers, or marshes. The property does not have any natural water systems and is not located adjacent to any natural water systems such as streams, lakes, ponds, rivers, or marshes. B. Any artificial water systems such as canals, ditches, aqueducts, reservoirs, irrigation or drainage systems. There are no artificial water systems such as, canals, ditches, reservoirs, or shared agricultural irrigation systems on the subject parcel. There no artificial water impoundments associated with the property at present. The property is not part of an irrigation district or shared irrigation facilities. All but the northwest irrigation pivot has been removed from the property and there are a number of irrigation stand pipes for wheel lines but these will be removed or relocated around Phases 1 — 3 in order to maintain irrigation on neighboring properties. C. Time when water is present. There is no water on the subject property. D. Any areas subj ect to flood hazard, or delineated 100-year floodplain. The proposed subdivision is located west of Kalispell along Stillwater Road between Four Mile Drive and Old Reserve Drive. None of the subject property is located within the Floodplain of the any river or stream (FIRM Panel 1805J effective 11/4/15). To plan for future development and associated stormwater, the Grosswilers dedicated 67 acres of land on the west side of this section to accommodate a regional stormwater area and a regional park. Starling Phases 1 -3 — Environmental Assessment C. Describe any existing to proposed stream bank alteration. N/A. 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. The geotechnical report from 2007 by CMG indicates groundwater levels appearing to be deeper than 10 feet in this area, as they did not encounter groundwater during the investigation. All water will be served by the City of Kalispell, as no wells will be installed on the property and no impacts to aquifers are anticipated. Source: Preliminary Geotechnical Report by CMG Engineering 2007 B. Describe any steps necessary to avoid depletion or degradation of groundwater recharge areas. The Subdivision will connect to the City of Kalispell Public Water System as opposed to constructing a new water system. The development will connect to the City wastewater system which reduces the chance of groundwater degradation. The landowners gifted the City of Kalispell a large tract of land to use as a re ig and stormwater detention facility on the west side of the Grosswiler Section. Stormwater will be treated within the Phase 1 — 3 development and held onsite or directed to the City of Kalispell's stormwater facilitv on the west side of the site. 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 Starling Phases 1 -3 — Environmental Assessment iii. Unstable or expansive soils iv. Excessive slope. Figure 1 Upper Flathead Valley Area, Montana (MT617) Upper Flathead Valley Area, Montana (MT617) Map Unit Map Unit Name Acres Percent in AOI of AOI Symbol Ke Kalispell loam, 0 129.0 36.5% to 3 percent slopes Kf Kalispell loam, 0 5.9 1.7% to 3 percent slopes, wind eroded Kza Kalispell Tuffit 115.2 33.5% silt loams, 0 to 3 percent slopes Kzb Kalispell Tuffit 15.9 4.5% silt loams, 3 to 7 percent slopes Pb Prospect loam, 20.0 5.6% 3 to 7 percent slopes Pc Prospect loam, 2.3 0.7% 7 to 12 percent slopes Pd Prospect loam, 0.7 0.2u/o 12 to 20 r Source: USDA -MRCS Web Soils Survey Starling Phases 1 -3 — Environmental Assessment i lr The soils in the location is primarily Ke and Kf soils (Figure 1.). The Upper Flathead Valley Area Soils Survey, states that these Kalispell soils are deep, medium textured, well drained soils. These are not expansive soils. There is no presence of bedrock on the property and the property is nearly flat as indicated from the topography on the preliminm l2lat map. There are no unstable slopes. B. Locate on an overlay or sketch map Any known hazards affecting the development which could result in grope . 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 Starling Phases 1 — 3 is virtually flat. 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 activitv. C. Describe measures proposed to reduce these hazards. See answer above (3.13.0 D. Describe the location and amount of any cut or fill more than three feet in depth. There should be no cuts of three feet or greater. Regardless all disturbed areas will be revegetated to prevent erosion. 4. Vegetation A. On a plat overlay or sketch map: Indicate the distribution of the major vegetation types, such as march, grassland, shrub, conifer forest, deciduous forest, mixed forest. Starling Phases 1 -3 — Environmental Assessment 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 wheat and the coming ye will be canola. 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. Starling Phases 1 -3 — Environmental Assessment B. Describe measures to: i. Preserve trees and other natural vegetation 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. 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. Ever ty hing that is not hardscaped will be planted with irrigated lawn and parks. 5. Wildlife A. Identify species of fish and wildlife use of the area affected by the proposed subdivision. There are no water resources on or near the property so there will be no direct impacts to an.. f�pecies. The area 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. There are no critical wildlife areas on the subject property. There are no riparian areas, no nesting areas, and no winter range. C. Describe proposed measures to protect or enhance wildlife habitat. The Starling project is being designed to urban standards and densities so there will not be natural areas as part of the project. There are no critical wildlife areas to protect on the subject property. There will be a number of parks within the project but these will be developed and maintained park areas. The 67 acre regional park and stormwater facility donated to the City on the west side of the Grosswiler section may provide some habitat for waterfowl 6. Land Use A. Describe the existing historical use of the site The property has been in continuous agricultural production for many decades. Starling Phases 1 -3 — Environmental Assessment B. Describe any comprehensive plan recommendations and other land use regulations on and adjacent to the site. Is zoning proposed? Is annexation proposed? In 2007, the subject grope . was part of a larger development plan called Starling. The project went through review and approval with the Kalispell Planning Board and the Kalispell City Council. Starling developed a Neighborhood Plan/Growth Policy Amendment, Urban Zoning, Mixed Use PUD, and Annexation. The original Starlingencompassed ncompassed the entire section of 640 acres with 245 acres of "Urban Residential", 41 areas of "Mixed Use Residential, 74 acres of "Commercial Mixed Use", 100 acres of parkland; 32 acres of Open Space, and 145 acres of street right of way. Although the original PUD has expired, the Growth Policy amendment, annexation and initial zoning, still stand. The proposed Starling Phase 1 -3 somewhat follows that original plat but with a little less commercial and more attached single family. Phases 1 -3 will encompass 20.8 acres of property and 77 residential lots/sublots and a multi -family parcel. The project proposes 4.5 acres of park and common area which equals approximately 21% of the first three phases. At 0.03 acres per unit, the Ci . requires 3.12 acres of park for the project. The new application will request an RA -I zoning designation rather than the existing R-3 in order to reduce the number of deviations for the multi- family and attached townhome products. 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 be part of a multi -phase, multi -developer project. Land use to the east is the DNRC, Forest Service, and Emergency Services campus. The proposed Starling project will access Stillwater Road at its intersection with Timberwolf Parkway which will eventually tie into Old Reserve Drive adjacent to the bypass. Access is provided through the project to the south and west with proposed street right-of-way. The accompanying PUD shows eight phases of the project which includes access to the north. These access points will provide for the continuation of urban development in a block and alley fashion with and east -west collector as well as a north south collector at the mid -section point. Starling Phases 1 -3 — Environmental Assessment 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 Vallev is under immense bressure for housing of all tvbes but most importantly try level housing. The medium housing �price in Kalispell over the past year has gone from $325,000 in March of 2020 to $442,000 in March of 2021 according to Realtor.com. This spike in housing price is directly attributable to lack of supply. The first three phases of Starling will provide three types of housing_ attached single family, detached single family, and multi family. It is a conscious decision by the developer to provide a mix of housing_types to try and meet a small part of the demand for housing in the valley and with the smaller attached single family to try and provide something for the first- time home buyer. E. Describe any health or safety hazards on or near the subdivision (mining activity, high voltage, lines, gas lines, agricultural activities, etc. There is a BPA transmission line approximately 1/4 mile south of the proposed subdivision. The proposed phase will not come in contact with the easement but future phases down the road will and at that time we will design appropriately to avoid the easement. Other than farming there are no other known hazards associated with the project. For the record we do not feel that farming is a hazardous land use. F. Describe any on -site uses creating nuisance. The property is used for farming. The uses directly to the east are governmental office uses and to the northeast is Glacier High School. None of the neighboring uses pose a nuisance to the subdivision. Section II — Summary of Probable Impacts Effects on Agriculture A. Is the proposed subdivision or associated improvement located on or near prime farmland The proposed subdivision is located in Class 11 soils as defined b. tipper 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 a major wastewater transmission line traversing the property and the City's Growth Policy identifies the property for urban growth. Starling Phases 1 -3 — Environmental Assessment • 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 Grosswiler Section 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 20 acres in the first three 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 on the undeveloped phases to provide areas to walk thereby reducing conflict with neighboringfanning arming operations. Right to Farm condition could protect the farmer while farming is still and activity on the neighboring lands and alert the new 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 Ci . 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 nearbv agricultural lands. at least those within the Grosswiler Section and areas north and south of this section are all owned by developers. The effect of land development adjacent to the City is that land values for housiniz have izreatly exceeded land values for broberty that can onlv 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. The four quarter sections of Section 34 are irrigated with a portable center pivot that is connected to individual risers. The land is currently farmed by Kruger Farms. Mr. Kruger has the ability to locate the center pivot in area Starling Phases 1 -3 — Environmental Assessment M and set the stops to control the swath or irrigable area which the pivot traverses. As such, there will not be any problems with continuing to irrigate the undeveloped acreage in Section. In fact, the pivot can be used for dust suppression during construction to minimize air -blown particulate. B. Describe possible nuisance problems which the subdivision would generate with regard to agricultural water user facilities. The proposed 58-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 irrigable acreage in Section 35 is derived from a large irrigation located in the SESESE of Section and is piped to the various risers therein. 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 40 single family attached lots, 37 single family detached lots. Multi- Family - Up to 35 multi -family units on Lot 1, Phase 3 Commercial/Mixed Use — Lot 1 in Phase 3 could have the option of commercial or mixed use with either live work type units or small commercial/office which would match with the DNRC/USFS/Emergency Services campus directly east of Stillwater Road. Planned Unit Development — The PUD encompasses 58 acres and we are showing 269 units. We are reservingthe he option with phases 4 — 8 to add in addition attached dwellings or some multi -family_ products. The final outcome of these future phases will be brought back to the Ci . with preliminary_ plats 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. 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. Starling Phases 1 -3 — Environmental Assessment Streets - The developer will be responsible for constructing all of the roads and alleys with this subdivision as well as rebuilding Stillwater Road to City Minor Arterial standards for the Subdivision's frontage. These streets will be items constructed and financed by the developer and all the roads will be turned over to the City for long term maintenance and repair. The alleys will be retained by the HOA for the proj ect and the HOA will be responsible for the long-term care and maintenance. 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 $4592 for 117 units. After the initial impact fees the units will pay their property taxes which would cover on-goingcosts. osts. Parks and recreation — The project is proposing 4.5 acres of park and common area with the first three phases. This park and common area will be constructed and landscaped by the developer and maintained by the 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 117 units will pay $51,606 in impact fees 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 Ci . charges impact fees of $1,900 for water, $2,879 for sewer, and $618 for stormwater. The 117 units generate $222,300 for water, $333,843 for sewer, and $72,306 for stormwater. These impact fees are intended to cover off -site costs such as sewer plant M-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. The applicants have been Starling Phases 1 -3 — Environmental Assessment in discussion with the West Valley School District to find a location within the Grosswiler holding for a future school site. 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. The owners of the property have allowed for the construction of the Westside Interceptor to traverse the property. This was a mutually beneficial arrangement as it addressed capacity issues that the City had on the north and west side of Kalispell but it also provides ready access of the development to the wastewater treatment system. The Grosswilers and the developers of Starling Phases 1 — 3 also worked with the City of Kalispell to provide a 70 acre stormwater site that will function as a regional detention area for the northwest part of Kalispell. D. What are the present tax revenues received from the unsubivided land. The 2020 taxes for the subject property as it sits currently is $149 for the County; $475 for the schools; and $3,006 for the City of Kalispell 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 Bloomstone for comparison, that house is paving $3090 per year property taxes and the taxes are broken out as follows: Taxes by Jurisdiction Typical Bloomstone House Starling projection based on 117 units County $544 $63,648 Education $1478 $172,926 city $1062 $124,254 F. Would new taxes generated from the subdivision cover additional public costs Between impact fees of $684,647 for 117 units and property taxes of $124,000 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. Starling Phases 1 -3 — Environmental Assessment Phases I — 3 of Starling are not proposing SID's for infrastructure improvements or for local government services. This is not to say that the West Valley School District or the Emergency Services Office would not request a bond or SID during the construction the subdivision but these proposals would not be at the request of the developer. 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. The State Historical Preservation Office was consulted as to historical sites. According to SHPO no known sites are present on the subj ect property. The old homestead located south of the project and that that structure is not eligible for National Register. SHPO 92021041309 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 on the broberty. There is no shallow around water on the property and the subdivision is utilizing City sewer, water, and stormwater facilities which are all intended to protect and limit contamination of groundwater. There are no known historic features on the site. There are no expansive soils or steep slopes to design around or mitigate. There is no native vegetation or significant habitat to protect. C. How would the 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 will be a block and alley subdivision with houses that embrace the street with front porches and boulevard trees. Allen provide access to garages and parking in the back of the lots. The subdivision is approximatelypark and common area. Parks will be landscaped and developed with walking trails and amenities. The common areas within the block provide walking paths, snow storage and some guest parking off the alley. The urban development will contrast the agricultural setting but with the development at the very edge of the City the conversion is expected. Starling Phases 1 -3 — Environmental Assessment 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 subject property is not located in a big game winter range, migration route, or wetland area. The property has been in productive agriculture for decades and the property is void of trees or shrubs meaning no nesting. Each spring the property is disked or burned to clear the property for the new season's crops. There is no permanent habitat for wildlife. The prope . is primarily used in fall and winter by flocks of ducks and geese feeding on grain in the field. 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. 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 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 that drainage can be address on the property and ultimately flow this to the new regional stormwater facility a half mile to the west. A Traffic Impact Study was prepared for the project will recommendation to address traffic along Stillwater Road. Stillwater Road will be upgraded to collector standards along the subdivision frontage. Internal Collector streets are also designed into these and future phases of the Starlings 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. There is a BPA transmission line approximately 1/4 mile south of Phases 1 — 3 and when we get to the phases that abut the transmission line we will address the design at that time. Starling Phases 1 -3 — Environmental Assessment 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 Starling Phases 1 — 3 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. The Starling subdivision is located in a Section of Land that has and urban scale land use plan. This Land Use Plan identifies urban scale development with a mix of urban residential densities and office use. This plan area includes all of the adjacent agricultural lands to the north, south, and west. The property to the east and directly across Stillwater Road is the office campus that houses the USFS, DNRC, and the Flathead County Emergency Services buildings. Over time, the subdivision will completely blend into the urban fabric of Kalispell. There are no uses that pose offensive by- products and there are no known lawsuits or claims by residents against any such offensive land use in this neighborhood. 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 which includes Stillwater Road and the intersections with Old Reserve Drive and Four Mile Drive. (See Appendix C for full TIS) 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 109 units in phases 1 -3 of the Starling project there would be approximatelypersons living in this subdivision at full buildout. Starling Phases 1 -3 — Environmental Assessment Education and Busing A. Describe the available educational facilities that would serve this subdivision The subject property is within the West Valley 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, West Valley school had 711 students in 2020. There is an increase of 1% over the 2019 school year and a 47% increase over a ten .period. Flathead and Glacier High Schools are combined in this report but there was a 3% increase in students over 2019 and an 18% increase over the ten -ye period. The applicants of the Grosswiler development have been in discussions with the School District regarding a future school site on the Grosswiler property. The School District would like to get ten acres of property. B. Estimate the number of school aged children that will be added to the school system by the proposed subdivision. 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 109 residential lots would generate approximately 34 students in the school system. 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 TIS estimates the first three phases will generate 964 daily trips. The TIS, Appendix C, also provides a trip distribution analysis with about 35% of the traffic heading north on Stillwater Road and dispersing, about 5% heading east on Wolf pack Way, and the reaming 60% heading south on Stillwater road and dispersing_. B. Describe the capability of existing and proposed roads to safely accommodate this increased traffic. Starling Phases 1 -3 — Environmental Assessment The TIS concludes that the proiect will not overburden the road or any special roadway improvements to create additional capacity. The Study states that the Kalispell bypass is doing its job address traffic on this side of the City. The TIS does recommend a northbound left hand turn land into the project at Stillwater Road. This recommendation will be addressed with public works during the infrastructure design phase and after preliminary plat is granted. C. Describe increased maintenance problems and increased cost due to this increase in volume Additional traffic will generate some increase in maintenance to pavement over time. The subdivision will be generating new tax revenue to the City to provide maintenance of the infrastructure. D. Describe proposed new public or private access roads. The new City streets within the subdivision will be designed to City standards. They will be paved and include curb and gutter directingstreet run-off to stormwater detention facilities. The alleys will be constructed within 20 and 30-foot rights of way. The 30-foot rights of way are intended to provide more room for maneuvering and parking as these lots may front a street with no parking such as Stillwater Road. The alley ways within the subdivision will be privately owned and maintained by the subdivisions HOA. See Street Cross Sections in Appendix B E. Describe the closing or modifications of any existing roads. Stillwater Road will be upgraded per City Requirements to a minor arterial. These upgrades will cause temporary closure of Stillwater Road during construction. Stillwater Road will have appropriate traffic control based on the recommendations of the TIS. 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 alley access and no access is proposed along Stillwater Road or the interior collector street. 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 Street providing access to all lots and common areas and alleys providing access to garage and carport parking at the rear of the lots. Starling Phases 1 -3 — Environmental Assessment The alleys will be privately owned and maintained but open to the public and 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 Plan outlined in the PUD application that accompanies this application set. The developer will install and pay for all road infrastructure within the subdivision. All roads and alleys will be dedicated to the Cily for public access. The City will maintain the streets within the subdivision and the HOA will maintain, including snow removal, the alleyways within the subdivision. 3. Water, Sewage, and Solid Waste (Complete by Brent Foley, PE; Foley Engineering) A. Briefly describe the water supply and sewage treatment system to be used in serving the proposed subdivision. Water and sewage systems will be provided by the developer and turned over to the City of Kalispell Public Works for ownership and maintenance. The City of Kalispell recently constructed a new water system and sewer system that serves the west side of Kalispell. The sewer system runs through the subject property and brings wastewater to the City's wastewater treatment plant. The water system runs down the west side of Stillwater Road on the east side of the project. Water and sewer servicing the project will be connected to these two mains provided by the City_. B. Provide information on estimated costs of the system, who will bear the costs, and how the system will be financed. The system will be financed by the developer and investors. The construction of the water and sewer systems will cost approximately $930,000. The systems will then be transferred to the City of Kalispell for ownership and maintenance. 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. Water and sewer services will come off of the proposed main extensions, which will hook-up to the existing City of Kalispell's water transmission main, and the City of Kalispell's west -side sewer interceptor. It is our understanding that these mains were sized in anticipation of the proposed development. Water systempressures and fire flows will be analyzed ensure adequate capacity. Permission to connect to these systems is Starling Phases 1 -3 — Environmental Assessment M anticibated after enizineeriniz Mans_ reborts_ and sbecifications are reviewed and approved by the City and the DEQ. 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 closest to Starling is Station 62 located at 255 Old Reserve Drive. Station 61 is located in the old Citv 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. Starling Phases 1 -3 — Environmental Assessment M 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. We are proposing two types of parks and open space. Common Area A is a 3.17 acre park area that will be landscaped, irrigated with walking paths and playground. Common areas B — J are intended as landscape buffers, snow storage areas, provide for walking paths and in some cases along the alley, guest parking. Park details are provided with this application set. Appendix G B. List other parks and recreation facilities or sites in the area and their approximate Distance from the City. There is an improved City Park in the West View subdivision that is located approximately 1/z mile from the subdivision. The Kalispell Youth Athletic complex is located approximately a mile for the subdivision. There are pedestrian paths along Four Mile Drive to the Youth Athletic Complex. Northridge Park is located about 1.8 miles from the subdivision. The Grosswiler family gave the City of Kalispell 67 acres of land for a regional park and stormwater facility. At some point in the future the City will start improvements to this new park area. 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. 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. Starling Phases 1 -3 — Environmental Assessment 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. Starling Phases 1 -3 — Environmental Assessment Prepared By: Date: Eric H. Mulcahy AICP Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 (406) 755-6481 Applicant: Date: Greg Straton Kilday & Stratton, Inc 2880 Technology Blvd. West, Suite 271 Bozeman, MT 59718 Starling Phases 1 -3 — Environmental Assessment EA APPENDICIES A. Preliminary Water, Wastewater, and Stormwater Plans — Foley Engineering B. Proposed street cross sections — Foley Engineering C. Traffic Impact Study — Abelin Traffic Services D. Agricultural Water Rights E. Geotech Report - CMG F. SHPO Letter G. Conceptual Park Plans H. Draft CC&R's — MAPS/PLANS Preliminary Plat Planned Unit Development Map Overall Master Plan Map Water, Sewer, & Stormwater Maps Starling Phases 1 -3 — Environmental Assessment Starling Environmental Assessment Appendix A Preliminary Water, Wastewater, and Stormwater Design — Foley Engineering By: SANDS SURVEYING, Inc. 2 V p,fl, Loop 58901 EXHIBIT (406)75 -6 (406) 755-64&1 JOB NO., 358807 DATE: MARCH 2, 2021 — EXISTING IRA CTS O REVISED: APRIL 20. 2021 - FOR: GROSSWILER DAIRY INC. ---------------------_______________ --------- air GI'OSSWi1eT DatT_y Inc. —��_-- ) RECORD (Cos 21678) SEC. 35, T.29N., R.22W., 26,68 A, (G) 2513 A, (N) RM.,M. er stiilwvLc FLATHEAD COUNTY, MONTANA Pu pose ror Revision: Aaaea Acreages to T—t, epee rties AproPTract g56) Ili (CO8a59A�.( ) 733 1 135 9 Jy lisp City Tract 678) —rPPTFFT7 A' j````` 6A 99 `j�� c III 11 LLLWJ i III SCALE I" = 600' I U 600' 300' 0 600' 1200' z e� LL I p erN sw ct q8) C 0 c i r c t I 5 3 5 5 25 0 el l f X a sP 0 2 t c t Y 1 a S) C r 7 T 6 2 1 I I S c) A 5g�Ac�(N)�os'�yr L�(C� YLCLas � co 2 6)1 5 A g1 A6) 0 JZ S) N)51A�A� lg099 ------------------------------------------------------ s 9� 20 �P— M JZ "Po D soa�wa,Ea PONo m Z = C z W N a H = z °m c 6 0 W co J LU 6 Z 6 J CO W a aJa N Y 6 APRIL R9 ROR1 SHEET 1 of 4 rro 1 I 'Impo"a aorvo SCALE w I I vnu'E I L w w w w w w w i cam PA oPo Iwo —1 Eo ary w<.Ea .,aH v' I N� oao.r�s mP-� so s Eo so Freeµ °o�w 1111E i -- 11 m Z _ C Z Wya H ? z m C 6 � � W N J LJ 6 Z 6 N J CO W a aJa N Y 6 APRIL 39 2021 SHEET 2 of 4 SCALE�� s it _E.soP , E IE PPS , r m Z _ C Z LU H ? z m C 6 W co J � � J 6 Z W 6 iy J co W a aJa N Y 6 APRIL 39 2021 SHEET 3 of 4 -------------- _e ------------------- SCALE ---------- all w M LU co z a c z dya z am 0 s W co J NCO J zIL ;ate � to N H N A-L 19 1.11 SHEET 1 of 1 1-11 Pll 1� F, Starling Environmental Assessment Appendix B Starling Street and Alley Cross Sections — Foley Engineering SIDE tP 5 LEAL wrLBOLEVARB 17 U'A6�'� �9 ASPHALT © CRUSHED lB- URBAN COLLECTOR r u Ewu / rBOULEVARD 29 � 29CRUSHED BASE © SUBBASE 14 URBAN LOCAL 1. �ISERUSHED BASE LECT SUB -BASE ALLEY TYPICAL SECTION SIC 11-T OF ICE LECT SUB BASE ALLEY 30' ROW SECTION PAR CONCRETE BEB/ r WOONERF TYPICAL SECTION APRIL 39 2021 SHEET 4of4 APPENDIX D Turn -Lane Warrants B00 . 700 It 2 (Z') 600 LU C) Z 500 D= 2 Z400 W OJ 300 Z CA 0 200 a a o LEFT TURN j 100 TREATMENT NOTJUSTIFIED Starling South Approach at Full Development LEFT -TURN TREATMENT SHOULD BE CONSIDERED 5% LEFT TURNS IN VA 10% 1 1 THE FAMILY OF CURVES REPRESENT THE PERCENT OF LEFT TURNS IN 1% \ \ THE ADVANCING VOLUME NA ).THE DESIGNER SHOULD LOCATE THE � k CURVE FOR THE ACTUAL PERCENTAGE OF LEFT TURNS. WHEN THIS IS NOT AN EVEN INCREMENT OF FIVE, THE DESIGNER SHOULD % ESTIMATE WHERE THE CURVE LIES. % 2. READ VA AND Vo INTO THE CHARTAND LOCATE THE INTERSECTION OF THE TWO VOLUMES. M5O Ur 3. NOTE THE LOCATION OF THE POINT IN #2 RELATIVE TO THE LINE IN 41. IF THE POINT IS TO THE RIGHT OF THE LINE,THEN A LEFT•TURN LANE SHOULD BE CONSIDERED.IF THE POINT IS TO THE LEFT OF THE LINE, THEN A LEFT -TURN LANE IS NOT WARRANTED BASED ON -__ 500 L TRAFFIC VOLUMES. 100 200 300 400 500 600 700 800 VA -ADVANCING VOLUME (VPH) DURING DESIGN HOUR VOLUME GUIDELINES FOR LEFT -TURN LANES AT UNSIGNALIZED INTERSECTIONS ON 2-LANE HIGHWAYS 45 mph (70 km/h) Figure 13.3F Starling Environmental Assessment Appendix D Agricultural Water Rights April 27. 2021 76LJ 1525-00 Page 1 of 2 General Abstract STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 1424 9TH AVENUE ROAO% 201601 HELENA. MONTANA 59620-1601 GENERAL ABSTRACT Water Right Numher: 76LJ 1525-00 PROVISIONAL PERMIT Version: 1 -- ORIGINAL RIGHT Version Status: ACTIVE TOM SYMMES Owners- 690 N MERIDIAN RD STE 103 KALISPELL, MT 59901-3508 430 STILLWATER ROAD LLC 717 W SPRAGUE AVE SUITE 802 SPOKANE, WA 99201-3911 BURLAGE FAMILY PROPERTIES LLC 1190 CLAYTON LN COLUMBIA FALLS, MT 59912-4405 NEWMAN D CROSBY 17 1ST AVE E KALISPELL, MT 59901 CODY HOFF 128 WILLOW WAY KALISPELL, MT 59901-1474 SHARON A TIKKA 294 STILLWATER RD KALISPELL, MT 59901 FRASER, MICHAEL W LIVING TRUST 690 N MERIDIAN RD STE 103 KALISPELL, MT 59901-3508 RENELL J WILSON 250 STILLWATER RD KALISPELL, MT 59901 CYNCATINC PO BOX 952 KALISPELL, MT 59903 JANIE A HOFF 128 WILLOW WAY KALISPELL, MT 59901-1474 TRIPP, LYNN E REVOCABLE LIVING TRUST 210 STILLWATER RD KALISPELL, MT 59901-2571 STRICKLAND FAMILY TRUST 690 N MERIDIAN RD STE 103 KALISPELL, MT 59901-3508 CLINTON P GROSSWILER 1175 FARM TO MARKET RD KALISPELL, MT 59901 MARK A WILSON 250 STILLWATER RD KALISPELL, MT 59901 CPG & ASSOCIATES INC PO BOX 952 KALISPELL, MT 59903 Priority pate: FEBRUARY 8, 1974 at 09:07 A.M. Enroreeable Priority Date: FEBRUARY 8, 1974 at 09:07 A.M. Purpose (use): IRRIGATION Niaximum Flow Rate: 7.80 CFS Maximum Volume: 1,600.00 AC -FT Aiaximum Acres: 640.00 Aprif 27, 2021 76LJ 1525-00 Page 2 of 2 General Abstract Source Name: GROUNDWATER Source Type: GROUNDWATER Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec See !!Lft Rye Counts 1 SESE 35 29N 22W FLATHEAD Period of Diversion: APRIL 15 TO OCTOBER 15 Diversion Means: WELL Well Depth: 425.00 FEET Static Water Level: 125.00 FEET Casing Diameter: 16.00 INCHES Purpose (Use): IRRIGATION Irrigation Type: SPRINKLER Volume: 1,600.00 AC -FT Period of Use: APRIL 15 to OCTOBER 15 Place of Use. - ID Acres Govt Lot tr Sec See Tire RRe Count• 1 320.00 S2 35 29N 22W FLATHEAD 2 320.00 N2 2 28N 22W FLATHEAD Total: 640.00 GeocodesNalid: 07-3965-02-1 -01 -01 -0000 - Y 07-3965-02-1.01-05-0000 - Y 07-3965-02-1 -0 1 -10-0000 - Y 07-3965-02-1-01-17-0000 - Y 07-3965-02-1-01-21-0000 - Y 07-3965-02-1-01-25-0000 - Y 07-3965-02-1-02-89-0000 - Y 07-3965-02-2-01-50-0000 - Y 074077-35-3-01-01-0000 - Y 07-4077-35-4-01-10-0000 - Y 074077-35-4-01-50-0000 - Y 07-3965-02-1-01-03-0000 - Y 07-3965-02-1-01-07-0000 - Y 07-3965-02-1-01-15-0000 - Y 07-3965-02-1-01-19-0000 - Y 07-3965-02-1-01-23-0000 - Y 07-3965-02-1-02-01-0000 - Y 07-3965-02-2-01-01.0000 - Y 07-3965-02-2-02-01-0000 - Y 07-4077-35-4-01-01-0000 - Y 07-4077-35A-01-15-0000 - Y Remarks: ASSOCIATED RIGHT WATER RIGHTS 76LJ 1525-00, 76LJ 148678-00 AND 76LJ 30117458 ARE ASSOCIATED BECAUSE THEY SHARE THE SAME PLACE OF USE. OWNERSHIP UPDATE RECEIVED OWNERSHIP UPDATE TYPE DOR # 120371 RECEIVED 0310512010. OWNERSHIP UPDATE TYPE DOR # 89263 RECEIVED 06/0312010. OWNERSHIP UPDATE TYPE DOR # 130412 RECEIVED 09/3012014, OWNERSHIP UPDATE TYPE DOR # 130425 RECEIVED 11/17/2014. OWNERSHIP UPDATE TYPE DOR # 152025 RECEIVED 0112612016. OWNERSHIP UPDATE TYPE DOR # 138737 RECEIVED 02/01/2016. OWNERSHIP UPDATE TYPE DOR # 198655 RECEIVED 03/1512019. OWNERSHIP UPDATE TYPE DOR # 196957 RECEIVED 04/1012019. OWNERSHIP UPDATE TYPE DOR # 196958 RECEIVED 06/10/2019, OWNERSHIP UPDATE TYPE DOR # 196874 RECEIVED 06/2812019. OWNERSHIP UPDATE TYPE DOR # 209560 RECEIVED 0613012020. Starling Environmental Assessment Appendix E Geotech Report — CMG 2007 L�$$ Engineering September 7, 2021 Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 Subject: Geotechnical Consultation Starling Phases 1-8 Kalispell, Montana Dear Mr. Eric Mulcahy, At your request, Slopeside Engineering, LLC (Slopeside), is providing geotechnical consultation services for the Starling Phases 1 -8 project in Kalispell, Montana. Personnel from Slopeside previously provided a Preliminary Geotechnical Investigation for the Starling Meadows project that included this property while working for CMG Engineering, Inc. The report was titled, "Preliminary Geotechnical Investigation, Starling Meadows, Kalispell, Montana, CMG Job No. 07- 159," and was dated March 27, 2007. The report was completed for Morrison-Maierle, Inc., and included all of the Starling Phases 1-8 property. Discussions with the Project Team indicate similar development is planned for the site as is discussed in the previous report. In addition, we understand additional borings and/or test pits are planned for the property as design progresses. Observations of the site throughout the last 14.5 years indicate minimal site grading and changes have occurred on the site, with the exception of agricultural farming and a sanitary sewer crossing. In addition, we do not anticipate the soils and groundwater information presented in the report have been appreciably altered. In our opinion, the Preliminary Geotechnical Investigation completed by CMG Engineering slop esideeng@gmail com 406-270-3480 181 Deerfoot Trail Kalispell, MT, 59901 Starling Phases 1-8 - Kalispell, Montana Slopeside Engineering, LLC for the subject property can be relied upon for site assessment and planning purposes. The Preliminary Geotechnical Investigation is attached to this letter for convenience. Please contact Slopeside Engineering, LLC, if you have any questions or concerns regarding this letter or our recommendations. Sincerely, W,, :: 3 ;9/7/ZCxr 140,16675 PE •'•.� 0 4I •..cis SSjONA�-�a Joshua Smith, P.E. Principal Geotechnical Engineer Page 2 of 2 CMG ENGINEERING, INC_ P.O.BOX 5159 C r r 1075 TRI.INiBLE CREEK RD.. UNIT E KALISPELL. NIT 59903-5159 OFFICE: 406-257.8156 FAX 446-257-8179 HTTT' ,\X IA N OAGENGIMFPUNG COO March 27, 2007 Morrison-Maierle, Inc. PO Box 8057 Kalispell, MT 59904 Attention: Greg Lukasik, PE Subject: Preliminary Geotechnical Investigation Starling Meadows Kalispell, Montana CMG Job No. 07-159 At your request, CMG Engineering, Inc. (CMG) has conducted a preliminary geotechnical investigation for the proposed Starling Meadows Development in Kalispell, Montana. The Vicinity Map, Figure 1, shows the general location of the site. The investigation was conducted to evaluate subsurface materials, conditions at the site, and develop general recommendations regarding suitability of the subsurface soils for development. The investigation included a review of existing subsurface information for the site vicinity, subsurface explorations, field and laboratory testing, and engineering analyses. This report describes the work accomplished and provides our conclusions and general recommendations for use in the preliminary design and feasibility studies for the proposed project. CMG has strived to perform the investigation and develop recommendations in a manner consistent with the degree of care that is presently standard to the geotechnical engineering profession. PROJECT DESCRIPTION The project site consists of Section 35 of Township 29N and Range 22W, bounded by Reserve Drive to the North, Springcreek Road to the west, Four We Drive to the south, and Stillwater Road to the east. The site currently consists of agricultural fields and two farm houses with ancillary structures. We understand site grading could consist of significant cut and fill heights greater than 20 feet. We also understand it is desirable to use on -site soils as fill material. We anticipate the property will be developed with infrastructure including underground utilities, asphaltic concrete paved roads, and we assume a mixture of residential and commercial structures. Utility construction could extend to depths of about 10 to 15 feet below the ground surface and Starling Meadows - Kalispell, Montana CMG Engineering, Inc. proposed buildings will likely be one-, two- or three-story structures with concrete slab -on -grade floors, crawl spaces, or possibly basements. SITE DESCRIPTION General The project site is a square mile section (640 acres) and borders Reserve Drive, Stillwater Road, Springcreek Road, and Four Mile Drive. The currently under construction Glacier High School and Flathead Forest Service Buildings are located to the east of this site. The site consists of gently sloping terrain near the southwest and northeast site corners and relatively flat areas throughout the remainder of the site. The site has been historically used for agricultural purposes. Fill material was not observed on the site. We also understand prior development, with the exception of two farm houses and ancillary structures, has not occurred on the site. Topography Review of the available topographic maps provided by you, indicate the site is relatively flat and near elevation 3,040 ft with the hills, as mentioned previously, extending up to elevations of about 3,080 and 3,090 ft. Geology The project site lies in the Rocky Mountain Trench bounded by the Salish Mountains to the West and Swan Range to the East. The trench was traversed by the Flathead Glacier and was covered by substantial areas of glacial lakes during recession of the ice mass. The surficial geology of the area consists of silts and sands deposited by glacial lakes overlying glacial till soils consisting of silty gravel with large cobbles and boulders that were deposited during glaciation of the area. SUBSURFACE CONDITIONS General Subsurface materials and conditions at the site were investigated on February 23, 2007, with twenty test pits, designated `rP-1 through TP-20. The test pits were advanced to depths ranging from about 5.0 to 12.0 ft. The approximate locations of the test pits are shown on Figures 2, 3, 4, and 5. A detailed discussion of the field exploration and laboratory testing programs completed for this investigation are provided in Appendix A. Logs of the test pits are provided in Appendix A on Figures lA through 20A. Soils The site has been historically used for agricultural purposes and a 6 to 18 inch thick topsoil/cultivated zone was encountered at the ground surface. The test pits indicate the soils beneath the topsoil and cultivated zone are lakebed deposits consisting of interbedded layers of silt, sand and silty clay, underlain by dense to very dense silty gravel with varying percentages of sand. For the purpose of discussion, the materials and soils disclosed by the borings have been grouped into the following categories: Page 2 Starling Meadows - Kalispell, Montana CMG Engineering, Inc. 1. TOPSOIL 2. SILT and SAND 3. Silty CLAY 4. Silty GRAVEL 1. TOPSOIL. All test pits excavated for this project encountered topsoil at the ground surface. The topsoil generally consists of dark brown silt with abundant organics and roots. Visual observations indicate the topsoil is medium stiff. The topsoil thickness ranges from 6 to 18 inches thick with an average thickness of about 12 to 15 inches. 2. SILT and SAND. Silt with varying percentages of sand, and sand with varying percentages of silt were encountered beneath the topsoil layer in all test pits except TP-12. The silt and sand soils generally contain intermittent layers of sandy silt and silty sand, and extend to depths ranging from 2.3 ft to 12.0 ft deep. The sand is generally fine grained. The relative consistency of the silt soils range from medium stiff to very stiff and the sand soils are generally medium dense, based on visual observation. Moisture contents of representative samples range from 5 to 29 percent with the moisture contents typically increasing with depth. The silt and sand soils are generally underlain by silty clay or silty gravel soils. 3. Silty CLAY. Light gray, brown, and pinkish brown silty clay was encountered beneath the silt and sand layers in more than half the test pits. The silty clay is a lakebed deposit and is varved with interbedded layers of lean clay and fine wined sand. This deposit generally exhibits increased shear strength values in the upper 10 to 15 ft due to years of wetting and drying. The relative consistency of this soil unit tends to decrease with depth as the moisture content increases. Visual observations indicate the consistency ranges from medium stiff to very stiff. Moisture contents of representative samples range from 22 to 33 percent. 4. Silty GRAVEL. Silty gravel and sandy gravel with varying percentages of silt was encountered beneath the topsoil and silt layers in Test Pits TP-2, TP-3, TP-12, TP-17, and TP-18. The silty gravel soils were primarily encountered in the vicinity of the hills along the north property boundary and near the southwest property corner_ Scattered cobbles and boulders were encountered within this soil unit. In addition, rock fragments larger than 3 ft maximum size are common in this soil unit and may be encountered in large cut areas or during utility construction. Visual observations during excavation processes indicate the relative density of the gravel soils is dense to very dense. Groundwater Groundwater was not encountered during this investigation; however, it should be noted that ponding water, likely due to snow melt over frozen soils was observed in the low lying areas near the west center of the site. We anticipate the groundwater level rises and falls in response to rainfall and snowmelt. Numerous other factors may contribute to groundwater fluctuations and occurrence of seepage; evaluation of these factors requires special study that is beyond the scope of this report. Page 3 Starling Meadows - Kalispell, Montana CMG Engineering, Inc. CONCLUSIONS AND RECOMMENDATIONS General Based on discussions with you at the time of this investigation, we understand the proposed development will consist ofnumerous phases with residential and commercial building lots, sanitary sewer lines, water lines, stormwater disposal areas, and asphaltic concrete paved roadways. Typical lot development will consist of one- to two-story structures with three-story structures, possible. We anticipate cuts and fills up to possibly 20 ft or more in height may be planned for this development. In our opinion, the site soils are suitable for development; however, due to the relatively low near surface moisture contents in the silt and sand soils, significant moisture conditioning of the near surface soils will be necessary to achieve adequate compaction. Site Preparation The near surface soils encountered during our subsurface investigation consist primarily of cultivated silts and topsoil. The cultivated silt and topsoil will need to be removed in all areas of site grading, roadway, sidewalk areas, or other settlement sensitive areas prior to commencement of work. The silt soils can be placed over the lots as topsoil, following mass grading. The soils near the ground surface consist of moisture sensitive fine grained soils with little cohesion. As a result, these soils can be easily disturbed and strength diminished during construction., particularly in relatively high moisture content areas and where surface water is allowed to pond. Therefore, positive site drainage is of critical importance to both construction and long-term performance of the proposed development. Based on our observations during the subsurface explorations, it appears the groundwater level is likely greater than 10 fI below the ground surface. CMG recommends deeper borings be planned for additional phases to identify and monitor the location of the groundwater level in relationship to the planned development. Soils encountered at the site are moisture -sensitive and are easily disturbed by construction activities and traffic. Heavy construction traffic should not travel directly over fine-grained subgrade soils in areas where the soil is near or wet of the optimum moisture content as determined by ASTM DGg$_ In areas where heavy construction traffic is anticipated, haul roads with a minimum gravel thickness of 2 feet should be constructed over the planned subgrade. The gravel should consist of a well -graded pit run gravel with a maximum size of 3 inches with no more than 10 percent passing the No. 200 sieve. Geotextile fabric placed between the fine-grained soils and gravel for the haul road will reduce the risk of continued maintenance of the haul road during construction. Provided that the haul road is constructed over firm subgrade stripped of organics, it can be used as a portion of the subbase course for roadway areas. In addition. moisture contents of the near surface soils, in most areas, at the time of our investigation were below the optimum moisture content for the silt with sand soils, indicating the risk of disturbing the soils with construction traffic is low, assuming adequate drainage is provided. However, due to the low moisture contents and lack of cohesive soils near the ground surface, it will be necessary to scarify the upper S inches of subgrade soils, moisture condition the soils to within 3 percent of the optimum moisture content, and compact the soils to a Page 4 Starting Meadows - Kalispeil, Montana CMG Engineering, Inc. minimum of 95 percent of the maximum dry density as determined by ASTM D698 prior to construction of fills, roadways, buildings, and other settlement sensitive elements. Assuming subgrade soils are prepared in this manner, we anticipate the City of Kalispell typical pavement sections for the appropriate roadway types will be suitable for this development. Foundation Design The site is relatively flat across much of the site. Due to the risk of water infiltration into basements and the lack of areas to gravity drain water collected below grade in the flat areas, we recommend further study be conducted in these areas to become comfortable with groundwater levels and how it may affect basements or crawl spaces. Construction of basements and below grade structures is reasonable in the higher areas of the site along the slopes. Footings should be established in the undisturbed stiff silt, sand, silty clay or silty gravel soils. Precautions to minimize disturbance of the bearing surface and reduce associated differential settlements will be provided in the final geotechnical investigation report for each phase of work. The foregoing recommendations present our preliminary geotechnical input to assist in the design and feasibility studies for tliis project. In order for these recommendations to be properly incorporated in the subsequent design and construction stages we recommend that a final geotechnical investigation be completed for each project phase. This will likely consist of more subsurface explorations and possibly settlement analysis in large fill areas. We recommend our geotechnical engineering staff remain involved with the project to ascertain that our recommendations have been properly interpreted both during design and construction. These services will reduce the potential for misinterpretation of subsurface conditions and geotechnical design recommendations that are important in the preparation ofproject plans, specifications and bid documents. Page 5 Starling Meadows - Kalispell, Montana CMG Engineering, Inc. LIMITATIONS CMG Engineering, Inc. has strived to prepare this report in accordance with generally accepted geotechnical engineering practices in this area solely for use by the client for preliminary design and project feasibility purposes and is not intended as a construction or bid document representing subsurface conditions in their entirety. The conclusions and recommendations presented are based upon the data obtained during the investigation as applied to the proposed design and construction details discussed in this report. The nature and extent ofvariations between the test pits may not become evident until the final geotechnical investigation is completed or during construction. If variations are then exposed, it will be necessary to reevaluate the recommendations of this report. If changes in the concept or design data are planned, the recommendations contained in this report shall not be considered valid unless the changes are reviewed by our geotechnical engineer, and a written response is provided. Sincerely, John W. Ayers, P.E. Senior Materials Engineer .Joshua C. Smith, P.E. Senior Geotechnical Engineer Page 6 - - _ i .3 924 _ . i %-4 N S Reserve Drive,. •v _. '�-,- Approximate .•, I� .try r�! '•ati Site Location Four Mile Drive Project: Starling Meadows Kalispell, Montana N L Vt Image courtesy of the U.S. Geological Survey Job Nuinl er: 07-I59 Date: March 27, 2007 Vicinity Map CMG Engineering, Inc. Kalispell, MT FIGURE I Project: Starling Meadows Job Number: 07-159 Kalispell, Montana Date: Marcb 27, 2007 r Site Plan - NW Quarter �. CMG Engineering, Inc. Kalispell, IMT _ FIGURE 2 Project: Starling Meadows Kalispell, Montana Job Number: 07-159 Date: March 27, 2007 K Site Plan •- SW Quarter H. CMG Engineering, Inc. Kalispell, NIT FIGURE 4 Project: Starling Meadows Kalispell. Montana Job Number: 07-159 ❑ate: March 27, 2007 M Site Flan - 5E Quarter CMG Engineering, Inc. AH Kalispell, MT FIGURE 5 APPENDIX A Field Explorations and Laboratory Testing Starling Meadows - Kalispell, Montana CMG Engineering, Inc. FIELD EXPLORATIONS AND LABORATORY TESTING FIELD EXPLORATIONS General The subsurface materials and conditions at the site were investigated by CMG on February 23, 2007, with twenty test pits, designated TP-1 through TP-20. The locations of the test pits are shown on the Site Plans, Figures 2, 3, 4, and 5. All field explorations were observed by an experienced engineer or geologist provided by our firm, who maintained a detailed log of the materials disclosed during the course of the work. The following subsections contain a detailed description of the field investigation completed for this project. Test Pits Test Pits TP-1 through TP-20 were completed to depths ranging from 5.0 to 12.0 ft. The test pits were excavated using a rubber -tired CASE 590 Super L extend -a -hoe, provided and operated by Ragan Excavating of Kalispell, Montana. Grab samples were obtained from the sidewalls of the excavations and from the backhoe bucket at about 3- to 4-ft intervals of depth. Soil samples obtained in the field were saved in airtight plastic bags for further examination and physical property testing in the laboratory. In addition, bulk samples of representative materials were obtained from some of the test pits for testing in our laboratory. Logs of the test pits are provided on Figures 1 A through 20A. Each log presents a descriptive summary ofthe various types of materials encountered and notes the depth where the materials and/or characteristics of the materials change. LABORATORY TESTING General All samples obtained from the test pits were returned to our laboratory where the physical characteristics of the samples were noted, and field classifications were modified where necessary. The laboratory testing program for this project consisted of natural moisture contents and moisture - density relationships. Natural Moisture Content Natural moisture content determinations were made in conformance with ASTM D2216. The results are shown on the test pit logs, Figures 1 A through 20A. Moisture -Density Relationship Moisture -density relationships were determined in accordance with ASTM D698. The laboratory test supplies compaction energy to the soil in a steel mold by the impact of a 5.5 pound hammer dropped a distance of 12 inches. From this test, the maximum dry density and optimum moisture content can be determined for a specified energy imparted to the soil for purposes of comparing in -place field densities and moisture contents. The results for these tests are presented on Figures 21 A through 23A Page A-1 Starling Environmental Assessment Appendix F SHPO Corespondence Eric Mulcahy From: Murdo, Damon <dmurdo@mt.gov> Sent: Tuesday, April 13, 2021 1:18 PM To: Eric Mulcahy Subject: RE: [EXTERNAL] SHPO Request Attachments: Reports.pdf, Sites.pdf, 2021041309.pdf Big Sky. Hig I- and. Rig I Iistory. Montana April 13, 2021 Eric Mulcahy Sands Surveying 2 Village Loop Kalispell MT 59901 RE: STARLING PHASES 1-3 SUBDIVISION, KAISPELL. SHPO Project #: 2021041309 Dear Mr. Mulcahy: I have conducted a cultural resource file search for the above -cited project located in Section 35, T29N R22W. According to our records there has been one previously recorded site within the designated search locale. Site 24FH1276 is the historic Lee Homestead, which is not in the project area. In addition to the site there have been a few previously conducted cultural resource inventories done in the area. I've attached a list of the site and report. If you would like any further information regarding the site or report, you may contact me at the number listed below. It is SHPO's position that any structure over fifty years of age is considered historic and is potentially eligible for listing on the National Register of Historic Places. If any structures are to be altered and are over fifty years old, we would recommend that they be recorded, and a determination of their eligibility be made prior to any disturbance taking place. Based on previous agricultural ground disturbance within the proposed project area we feel that there is a low likelihood cultural properties will be impacted. We, therefore, feel that a recommendation for a cultural resource inventory is unwarranted at this time. However, should structures need to be altered or if cultural materials be inadvertently discovered during this project, we would ask that our office be contacted, and the site investigated. If you have any further questions or comments you may contact me at (406) 444-7767 or by e-mail at dmurdo@mt.gov. I have attached an invoice for the file search. Thank you for consulting with us. Sincerely, Damon Murdo Cultural Records Manager State Historic Preservation Office Montana Historical Society File: LOCAL/SUBDIVISION/2021 Starling Environmental Assessment Appendix H Draft CC&R's and Design Guidelines After recordine please return to: Space Above This Line For Recorder's Use Only Declaration of Master Covenants, Conditions and Restrictions For The Starling Community Kalispell, Montana Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 1 of 56 TABLE OF CONTENTS Article I Declaration - Purposes.................................................................................................... 7 1.1 General Purposes...................................................................................................... 7 1.2 Declaration................................................................................................................8 Article2 Definitions....................................................................................................................... 8 2.1 Act............................................................................................................................. 8 2.2 Affirmative Vote of a Majority of the Classes.......................................................... 8 2.3 Annexable Area........................................................................................................ 8 2.4 Articles of Incorporation or Articles......................................................................... 8 2.5 Assessments.............................................................................................................. 9 2.6 Association................................................................................................................9 2.7 Association Expenses................................................................................................ 9 2.8 Board of Directors or Board..................................................................................... 9 2.9 Building Envelope.................................................................................................... 9 2.10 Bylaws.......................................................................................................................9 2.11 Certificate of Survey................................................................................................. 9 2.12 Change in Control Date............................................................................................ 9 2.13 Class or Classes......................................................................................................... 9 2.14 Class B Member...................................................................................................... 10 2.15 Common Assessment.............................................................................................. 10 2.16 Construction Activity.............................................................................................. 10 2.17 Declarant.................................................................................................................10 2.18 Declarant Control Period........................................................................................ 10 2.19 Declarant Special Member...................................................................................... 10 2.20 Declarant's Rights................................................................................................... 10 2.21 Default Assessment................................................................................................. 10 2.22 Design Guidelines................................................................................................... 10 2.23 DRB........................................................................................................................ 10 2.24 Eligible Holder........................................................................................................ 10 2.25 Facility.................................................................................................................... 10 2.26 Federal Mortgage Underwriter............................................................................... 11 2.27 Function.................................................................................................................. 11 2.28 Governing Documents............................................................................................ 11 2.29 Improvements......................................................................................................... 11 2.30 Internal Trails.......................................................................................................... 12 2.31 Internal Revenue Code............................................................................................ 12 2.32 Invitee..................................................................................................................... 12 2.33 Licensee.................................................................................................................. 12 2.34 Master Declaration.................................................................................................. 12 2.35 MCA....................................................................................................................... 12 2.36 Member...................................................................................................................12 2.37 Membership............................................................................................................ 12 Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 2 of 56 2.38 Starling Community................................................................................................ 12 2.39 Open Space............................................................................................................. 12 2.40 Overall Development Plan or ODP......................................................................... 12 2.41 Owner...................................................................................................................... 13 2.42 Permitted Household Pets....................................................................................... 13 2.43 Person......................................................................................................................13 2.44 Plat.......................................................................................................................... 13 2.45 Property...................................................................................................................13 2.46 Public Record.......................................................................................................... 13 2.47 Roadway................................................................................................................. 13 2.48 Rules and Regulations............................................................................................. 13 2.49 Site.......................................................................................................................... 13 2.50 Special Assessment................................................................................................. 14 2.51 Special Declarant Rights......................................................................................... 14 2.52 Staff.........................................................................................................................14 2.53 Sub-Association...................................................................................................... 14 2.54 Supplemental Declaration....................................................................................... 14 2.55 Transportation Systems........................................................................................... 14 2.56 Unit Ownership Act................................................................................................ 14 2.57 UOA Site................................................................................................................. 14 Article 3 Certain Functions and Rights of Association................................................................ 14 3.1 General....................................................................................................................14 3.2 Property Maintenance Function; Additional Discretionary Property ManagementFunction............................................................................................ 15 3.3 Rights and Obligations as to Sub -Associations; Managing Agent Function.......... 15 3.4 Public Health and Safety Function......................................................................... 16 3.5 Solid Waste Collection and Disposal Function...................................................... 16 3.6 Environmental Function.......................................................................................... 16 3.7 Other Functions....................................................................................................... 16 3.8 Right to Make Rules and Regulations.................................................................... 16 3.9 Charges for Use of Facilities or Functions............................................................. 17 3.10 Taxes....................................................................................................................... 18 3.11 Right to Acquire, Dispose and Improve Facilities .................................................. 18 3.12 Records................................................................................................................... 18 3.13 Rights of Association.............................................................................................. 18 3.14 Conflicts among Governing Documents................................................................. 20 Article 4 Membership and Voting................................................................................................ 20 4.1 Regular Membership; Appurtenant Rights............................................................. 20 4.2 Joint Ownership; Joint and Several Liability.......................................................... 20 4.3 Evidence of Membership and Registration of Mailing Address ............................. 21 4.4 Voting and Election of Directors............................................................................ 21 Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 3 of 56 Article 5 Assessments, Association Expenses, Other Amounts, Lien for Sums Due Association; Enforcement...................................................................................................................... 21 5.1 Personal Obligation for Assessments and Other Amounts ..................................... 21 5.2 Verification of Assessments Due............................................................................ 22 5.3 Purpose of Assessments and Other Amounts......................................................... 22 5.4 Types of Assessments............................................................................................. 23 5.5 Time for Payments; Effect of Non-payment of Sums Due Association: Lien and Remedies of the Association........................................................................... 23 5.6 Priority and Non -subordination of the Lien............................................................ 24 5.7 Liability of Members, Purchasers and Encumbrancers.......................................... 24 Article 6 Certain Rights of Declarant and Association................................................................. 24 6.1 Easements for Encroachment.................................................................................. 24 6.2 Utility Easements.................................................................................................... 24 6.3 Easements to Serve Additional Property............................................................... 25 6.4 Plat and Services Easements................................................................................... 26 6.5 Association Easements............................................................................................ 26 6.6 Roadway Easements............................................................................................... 26 6.7 Acceptance of Easements....................................................................................... 26 Article 7 Declarant's Rights.......................................................................................................... 27 7.1 Declarant's Easements and Related Rights............................................................. 27 7.2 Special Declarant Rights......................................................................................... 27 7.3 Transfers of Special Declarant Rights and Rights as Declarant ............................. 28 7.4 Rights of Declarant after Declarant Control Period Terminates ............................. 29 Article 8 Restrictions Applicable to Property............................................................................... 29 8.1 Land Use Restrictions............................................................................................. 29 8.2 Enjoyment of Functions and Facilities................................................................... 29 8.3 Occupancy Limitation............................................................................................. 29 8.4 Maintenance of Site................................................................................................ 30 8.5 Approval of Construction Activities....................................................................... 30 8.6 Fire Precautions...................................................................................................... 30 8.7 Trash; Garbage; Organic and Inorganic Materials .................................................. 31 8.8 Water and Sanitation............................................................................................... 31 8.9 Preservation of Water Resources........................................................................... 31 8.10 Wildlife Habitat, Hunting, Firearms....................................................................... 32 8.11 Noxious Weeds....................................................................................................... 32 8.12 No Noxious or Offensive Activity.......................................................................... 32 8.13 Lights, Sounds and Odors....................................................................................... 33 8.14 No Hazardous Activities......................................................................................... 33 8.15 No Unsightliness..................................................................................................... 33 8.16 Repair of Improvements......................................................................................... 33 8.17 Animals................................................................................................................... 34 8.18 Parking.................................................................................................................... 34 Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 4 of 56 8.20 Wood Burning Devices........................................................................................... 34 8.21 Drainage; Erosion................................................................................................... 34 8.23 Fences and Entry Gates........................................................................................... 34 8.25 Health, Safety and Welfare..................................................................................... 34 8.23 Interment of Human Remains................................................................................. 34 8.27 Compliance with Law; Hazardous Materials.......................................................... 34 8.28 Subdivision, Aggregation, and Boundary Line Adjustment of Sites; Sub - Association Creation and Amendment................................................................... 35 8.29 Temporary Structures.............................................................................................. 35 8.30 Declarant's Exemption............................................................................................ 35 8.31 Violation................................................................................................................. 35 Article 9 Design Review Board.................................................................................................... 35 9.1 Purpose....................................................................................................................35 9.2 DRB....................................................................................................................... 35 9.3 Powers and Duties................................................................................................... 35 9.4 Operational Procedures........................................................................................... 38 9.5 Enforcement............................................................................................................39 9.6 Liability...................................................................................................................39 Article 10 Enforcement and Remedies......................................................................................... 40 10.1 Procedure................................................................................................................ 40 10.2 Discretion................................................................................................................40 10.3 Costs of Enforcement.............................................................................................. 40 10.4 Delegation............................................................................................................... 41 10.5 Remedies Cumulative............................................................................................. 41 Article 11 Insurance, Casualty and Condemnation....................................................................... 41 11.1 Insurance................................................................................................................. 41 11.2 Casualty...................................................................................................................43 11.3 Condemnation.........................................................................................................44 Article 12 Mortgagee Provisions.................................................................................................. 45 12.1 Notices of Action.................................................................................................... 45 12.2 Payment of Unpaid Assessment.............................................................................. 46 Article 13 Jurisdiction, Annexation and Withdrawal................................................................... 46 13.1 Jurisdiction..............................................................................................................46 13.2 Expansion of Jurisdiction by Declarant.................................................................. 46 13.3 Expansion of Jurisdiction by the Association......................................................... 47 13.4 Withdrawal from Jurisdiction................................................................................. 47 Article14 Miscellaneous.............................................................................................................. 47 14.1 Duration of Master Declaration............................................................................. 47 14.2 Amendment.............................................................................................................48 14.3 Effect of Provisions of Master Declaration............................................................ 49 Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 5 of 56 14.4 Interpretation of the Master Declaration................................................................. 49 14.5 Attorney's Fees....................................................................................................... 49 14.6 Limited Liability..................................................................................................... 49 14.7 Disclaimer of Representations................................................................................ 49 14.8 Successors and Assigns........................................................................................... 49 14.9 Severability............................................................................................................. 50 14.10 Captions.................................................................................................................. 50 14.11 Gender..................................................................................................................... 50 14.12 No Waiver............................................................................................................... 50 14.13 Evidence of Membership and Registration of Mailing Address ............................. 50 Exhibit A — Legal Description of the Property...................................................................... 52 Exhibit B — Classes of Membership...................................................................................... 53 ExhibitC - Assessments........................................................................................................ 54 Exhibit D — Annexable Area................................................................................................. 56 Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 6 of 56 Declaration of Master Covenants, Conditions and Restrictions for Starling Community, Kalispell, Montana This Declaration of Master Covenants, Conditions and Restrictions for Starling Community ("Master Declaration') is made this day of December, 2021, by [ ], a Montana limited liability company (the "Declarant"). All capitalized terms used herein are defined in Article 2 below. Article 1 Declaration — Purposes 1.1 General Purposes. (a) Declarant owns certain real property located in the City of Kalispell, Flathead County, Montana and intends to develop said real property as part of a larger, integrated community known as the Starling Community. (b) The Starling Community is a master planned community which could accommodate up to approximately residential units (as such term is described in the Overall Development Plan) on approximately 58 acres of land. The Property is a portion of the Starling Community. It is expected that the development of the Starling Community might continue for many years. (c) The Starling Community Association (the "Association') is a Montana nonprofit corporation formed to (i) hold, manage, and maintain certain property for the common benefit of some or all of the Members, Licensees, Invitees and members of the general public within the Property; (ii) administer and enforce the covenants, conditions, restrictions, reservations and easements created hereby; (iii) collect and enforce the Assessments, charges, and liens imposed pursuant hereto; and (iv) act for all other purposes set forth in this Master Declaration, the Articles and Bylaws and the other Governing Documents. This Master Declaration defines certain rights and obligations of Members, Licensees, Invitees and members of the general public within the Property with respect to the Association and with respect to the Functions undertaken and the Facilities held or maintained by the Association. (d) By this Master Declaration, Declarant intends to establish a means to provide for and maintain areas within the Property as a pleasant and desirable environment for all Persons residing, visiting or doing business therein. This Master Declaration is adopted to preserve and maintain the foregoing values of the Property for the benefit of all Persons residing, visiting or doing business therein. (e) It is contemplated that the Property, subject to any annexation or withdrawal of real property as permitted herein, may be expanded to include areas for which further subdivisions may be platted. Declarant reserves the right to develop all portions of the Property in accordance with the Overall Development Plan or as otherwise permitted under law, Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 7 of 56 regardless of whether said portions of the Property were originally subject to or ever become subject to the Overall Development Plan. 1.2 Declaration. To further the general purposes herein expressed, Declarant, for itself, its successors and assigns, hereby declares that the property described in Exhibit A attached hereto and any property subsequently added, annexed or subjected to this Master Declaration (collectively, the "Property") shall, at all times, be owned, held, used, occupied, sold and conveyed subject to the provisions of this Master Declaration, which shall run with the Property and burden and benefit all portions of the Property, the Declarant, the Association, and all other parties having any right, title or interest in the Property or any portion thereof, and their respective heirs, devisees, personal representatives, successors and assigns and any occupants and users of the Property. Each Member, Licensee, Invitee or other Person who obtains any interest in the Property or uses the Property, by accepting or using such interest or using the Property agrees to abide by the provisions of the Governing Documents and to cooperate with the Association and the Declarant in their efforts to enforce such provisions. Article 2 Definitions The words and terms used herein shall have the definitions and meanings as defined herein. 2.1 Act. Act means the Montana Nonprofit Corporation Act, §35-2-113 et seq., MCA, as amended. 2.2 Affirmative Vote of a Majority of the Classes. The Affirmative Vote of a Majority of the Classes means and shall be achieved on any particular matter if (and only if) all of the following occur: (a) the Class B Member votes in favor of such matter, and (b) the affirmative vote of a majority of the other Classes of Members which have Members entitled to vote on such matters (other than Class B), voting as separate Classes. The affirmative vote of a majority of a Class other than Class B shall require (i) a Class quorum, as defined in the Bylaws, and (ii) the votes of a majority of the Members of such Class entitled to vote on such matter and present at such meeting in person, by proxy, or by written ballot (as more fully described in the Bylaws). Notwithstanding the foregoing, upon the effective resignation of the Class B Member, the favorable vote of the Class B Member shall no longer be required under clause (a) above. 2.3 Annexable Area. Annexable Area means the undeveloped portions of the Starling Community that are described on Exhibit D as Phases 4, 5, 6, 7 and 8. Unless and until such Annexable Areas are included as part of the Property pursuant to the terms in Article 13 in a writing recorded in the Public Record, the Annexable Area is not deemed to be part of the Property. 2.4 Articles of Incorporation or Articles. Articles of Incorporation or Articles means the Articles of Incorporation of the Association as filed with the Montana Secretary of State and any amendments and restatements thereto from time to time. Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 8 of 56 2.5 Assessments. Assessments mean, collectively, the categories of assessments as established herein and in Exhibit C attached hereto, being Common Assessments, Default Assessments, Special Assessments, or any other assessments as may be established by the Board. 2.6 Association. Association Means the Starling Community Owners Association, a Montana nonprofit corporation, which meaning shall include successors and assigns. 2.7 Association Expenses. Association Expenses means allocations to reserves for, and all costs, expenses and liabilities incurred by or on behalf of the Association for (a) acquiring, leasing, renting, designing, constructing, managing, operating, maintaining, repairing, replacing and improving Facilities; (b) administering and enforcing the Governing Documents; (c) levying, collecting and enforcing the Assessments, charges, liens, and other expenses imposed pursuant to the Governing Documents; (d) regulating and managing the Property; (e) performing any and all Functions permitted by this Master Declaration or any Governing Document; (f) operating the Association; and (g) any other cost or expense legally incurred by the Association. 2.8 Board of Directors or Board. Board of Directors or Board means the body responsible for administration of the Association, as established in the Bylaws. 2.9 Building Envelope. Building Envelope means the area that may be shown within each Site on a Plat recorded in the Public Record or on a building envelope plan on file with Flathead County, Montana or with the Association that specifies the boundaries within which Improvements may be constructed. 2.10 Bylaws. Bylaws means the Bylaws of the Association adopted by the Association and any amendments and restatements thereto from time to time. 2.11 Certificate of Survey. Certificate of Survey means a drawing of a field survey prepared by a registered surveyor for the purpose of disclosing facts pertaining to boundary locations that creates a parcel pursuant to the requirements of the Montana Subdivision and Platting Act and the applicable requirements of Flathead County, Montana. 2.12 Change in Control Date. Change in Control Date means the date upon which Declarant control terminates which shall be the later of (a) the twenty-fifth anniversary of the recording of this Master Declaration in the Public Record, or (b) sixty (60) days after conveyance of ninety (90%) percent of the maximum number of residential units permitted by the Overall Development Plan to a Person other than Declarant or an affiliate thereof. As of the date of this Master Declaration, residential units are permitted under the current Overall Development Plan. This number may be amended and increased pursuant to any amendment to the Overall Development Plan as is permitted hereunder, and such amended or increased amount shall be used in the calculation of the Change in Control Date. 2.13 Class or Classes. Class or Classes means the various voting classes as set forth in Exhibit B attached hereto and incorporated herein by reference. Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 9 of 56 2.14 Class B Member. Class B Member means the Declarant. 2.15 Common Assessment. Common Assessment has the meaning given to it in Section 1.1(a) of Exhibit C. 2.16 Construction Activity. Construction Activity means any site preparation, landscaping, sign erection, construction, reconstruction, change, modification, alteration, enlargement or material maintenance of any Improvements or real property within the Property, or any physical changes in the use of any Site or other property or building or structure thereon; provided, however, that after initial construction of any Improvement on a Site is completed, Construction Activity shall not include any activities within the interior of such Improvements that do not have a material impact on the exterior of such Improvements, except a change in the use thereof. 2.17 Declarant. Declarant means CYNCAT, INC. and CPG & ASSOCIATES, INC. and any Person that is designated by a written instrument as a successor or assignee of Declarant under this Master Declaration recorded in the Public Record, or who succeeds as Declarant pursuant to the terms of this Declaration. 2.18 Declarant Control Period. Declarant Control Period means the period commencing on the date on which this Master Declaration is recorded in the Public Record and ending on the Change in Control Date. 2.19 Declarant Special Member. Declarant Special Member means the Declarant during the Declarant Control Period. 2.20 Declarant's Rights. Declarant's Rights has the meaning given to it in Section 7.1. 2.21 Default Assessment. Default Assessment has the meaning given to it in Section 1.3 of Exhibit C. 2.22 Design Guidelines. Design Guidelines mean any instruments adopted by the DRB, or over which the DRB has accepted jurisdiction, for the regulation and management of the Property or any portion thereof with respect to any matter that the DRB is authorized to review or for which the DRB is authorized to establish standards, as the same may be amended from time to time. 2.23 DRB. DRB means the Design Review Board as established pursuant to Article 8. 2.24 Eligible Holder. Eligible Holder shall have the meaning given in Section 12.112.1(a). 2.25 Facility. Facility means any real estate or Improvement within the Starling Community or that serves the Starling Community (a) that is owned by the Association, (b) that is owned by a Person other than the Association, but in which the Association or an Owner Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 10 of 56 benefits from or has rights of use or possession, (c) the common areas, together with the Open Space, Roadways, Internal Trails, and any other areas that by the terms of this Declaration, any written notice from the Declarant to the Association, or other applicable covenants, contract, or agreement with the County, are or become the responsibility of the Association to maintain, or (d) during the Declarant Control Period, that is part of the Starling Community and either (i) is designated by Declarant as a Facility by executing an instrument and filing the same in the records of the Association, or (ii) is indicated for similar use on a Plat, for the use or benefit of one or more Member, Licensee, Invitee or member of the general public. 2.26 Federal Mortgage Underwriter. Federal Mortgage Underwriter means governmental (including, but not limited to, a governmental sponsored enterprise) or nation-wide institutional lender or purchaser of mortgage loans or governmental or provider of credit support for mortgage loans or securitized mortgage loans, including, but not limited to, the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, the Federal Housing Administration, the United States Veterans Administration and their respective successors and assigns. 2.27 Function. Function means any activity, function or service listed in this Master Declaration which is required to be or may be undertaken or performed by the Association as well as any activity, function or service otherwise undertaken or performed by the Association. 2.28 Governing Documents. Governing Documents collectively means this Master Declaration, Bylaws, Articles, Rules and Regulations, Design Guidelines, and resolutions of the Board, all as amended from time to time. 2.29 Improvements. Improvements means all structures and appurtenances thereto of every type and kind, including but not limited to, buildings, outbuildings, all exterior surfaces including the surface finish thereof, Transportation Systems; and illumination equipment for trails, bridges and other amenities that are part of the Property; security systems; mailbox structures; decks; canopies; patios; awnings; gardens; sprinkler systems and other landscaping; planting, clearing, or removing of trees, shrubs, grass, or plants and appurtenances; ponds and water tanks; drainage, detention, retention facilities and culverts; monuments; entertainment and recreational areas, amenities and facilities; swimming pools; ice rinks; skating ponds; saunas; steam baths; clubhouses; facilities to accommodate Invitees and visitors; central waste collection and disposal facilities; paving and parking areas; malls; ducts; shafts and flues; conduit installation areas; storage facilities for supplies and equipment; fences; gates; fire breaks and fire prevention works; screening walls; earth walls, retaining walls, cuts and fills associated with any improvements; lighting; signage; pipelines, lift stations, pumps; utilities of any sort; antennae; communication facilities and lines; management offices; environmental monitoring equipment and facilities; ground water facilities; waterways; the demolition or destruction by voluntary action of any structure or appurtenance thereto of every type and kind; grading, excavation, filling, or similar disturbance to the surface of the land including, but not limited to, change of grade, change of ground level, change of drainage pattern, change of stream bed or change of any existing surface contour; equipment related to the foregoing; and all types of structures, Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 11 of 56 facilities and improvements that a governmental or quasi -governmental entity may be empowered by law from time to time to construct. 2.30 Internal Trails. Internal Trails means those trails, some of which are set forth and described as trails or recreational use easements on a final plat of property within the Property, for non -motorized use by Owners and their guests and invitees. 2.31 Internal Revenue Code. Internal Revenue Code means the Internal Revenue Code of 1986, as amended, and the corresponding provisions of any subsequent federal tax laws. 2.32 Invitee. Invitee means any family member, customer, agent, employee, independent contractor, guest or invitee of a Member. 2.33 Licensee. Licensee means any Person who occupies or uses a Site or portion thereof pursuant to a lease, license, occupancy agreement, concession agreement or under color of any other arrangement with an Owner. 2.34 Master Declaration. Master Declaration has the meaning given to it in the Preamble hereto, which meaning shall include all amendments, restatements or supplements hereafter recorded in the Public Record. 2.35 MCA. MCA means the Montana Code Annotated 2019 and any subsequent amendments. 2.36 Member. Member means a Person holding a membership in the Association pursuant to Article 4 of this Master Declaration. 2.37 Membership. Membership means a membership in the Association that is appurtenant to the ownership of a Site. 2.38 Starling Community. Starling Community means the Property, the Annexable Area, and any other property developed in the surrounding area by the Declarant. 2.39 Open Space. Open Space means the portions of the Property designated on Plat(s) as "Open Space" or "OS" that may have a designated number. Open Space shall not constitute or include any Site. 2.40 Overall Development Plan or ODP. Overall Development Plan or ODP means the Starling Community Overall Development Plan dated and as approved by the Kalispell City Council at its meeting on 2021, and as may be subsequently amended, modified, restated or otherwise changed with the approval of the Kalispell City Council. The inclusion of property within the ODP shall not, under any circumstances, obligate Declarant to subject such property to this Master Declaration, nor shall the omission of any property from the ODP bar its later submission to this Master Declaration in the manner provided herein for the expansion of the Property. The ODP is intended to be dynamic and, subject to land use regulations of governmental entities, the ODP may be changed Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 12 of 56 by Declarant at any time for any reason with the approval of the Kalispell City Council and without requiring the consent of any other Person. The entirety of the Property is not required to be part of the ODP, and as of the date of this Master Declaration, not all of the Annexable Area is part of the ODP. 2.41 Owner. Owner means the record holder of legal title to the fee simple interest in a Site, but excluding (a) contract purchasers or holders only of beneficial title unless the record holder has designated in a writing delivered to the Association that such contract purchaser or beneficial title holder is, until further notice, to be deemed to stand in place of the record holder, (b) the Association, and (c) those having an interest merely as security for the performance of an obligation; provided, however, that such a holder may be subject to payment of Assessments from and after the time of commencement of a foreclosure or other effective transfer procedures until the time that such procedures have been abandoned or completed and all redemption periods have expired. The term Owner shall include Declarant to the extent it is the record owner of fee simple title to a Site. 2.42 Permitted Household Pets. Permitted Household Pets has the meaning given to it in Section 8.17. 2.43 Person. Person means any natural person, corporation, partnership, limited liability company, association, trust, or any other legal entity. 2.44 Plat. Plat means a graphical representation of a subdivision within the Starling Community showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications that satisfies the requirements of the Montana Subdivision and Platting Act and Flathead County requirements. 2.45 Property. Property has the meaning given to it in Section 1.2. 2.46 Public Record. Public Record means the office of the Clerk and Recorder of Flathead County, Montana where land records are recorded or filed. 2.47 Roadway. Roadway means a street or roadway (but excluding driveways) within the Property or a street or roadway providing primary or secondary access to the Property. 2.48 Rules and Regulations. Rules and Regulations mean any instruments adopted by the Association for the regulation and management of the Property or any portion thereof, as the same may be amended from time to time. 2.49 Site. Site means each parcel of real property within the Property the fee simple interest of which may be conveyed in its entirety to a third parry without violating the subdivision regulations of Flathead County, Montana as in effect and from time to time amended, including UOA Sites. Notwithstanding the foregoing, real property owned, held, or used in its entirety by the Association shall not be considered a Site, and any parcel designated as open space shall not be considered a Site. Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 13 of 56 2.50 Special Assessment. Special Assessment has the meaning given to it in Section 1.4 of Exhibit C. 2.51 Special Declarant Rights. Special Declarant Rights has the meaning given to it in Section 7.2. 2.52 Staff. Staff means the employees or agents of the Association. 2.53 Sub -Association. Sub -Association means an incorporated property owners association, including any condominium association but not including the Association, within the Property. Any governing documents of a Sub -Association are subject to the approval of the Declarant during the Declarant Control Period, and thereafter by the Association. 2.54 Supplemental Declaration. Supplemental Declaration means a declaration of protective covenants, which amends or supplements this Master Declaration pursuant to the terms of this Master Declaration, which is recorded in the Public Record and applicable to real property within the Property. Each Supplemental Declaration shall reference the provisions of this Master Declaration, shall state that the provisions of this Master Declaration apply to the property subject to the Supplemental Declaration and the conflict provisions set forth in Section 3.14, provided, however that a reference to this Master Declaration in a Supplemental Declaration shall be deemed to incorporate the provisions of this sentence. Each Supplemental Declaration shall describe the property subject to such Supplemental Declaration. 2.55 Transportation Systems. Transportation Systems means streets, access roads, and other limited access roads, paths, walkways, walks, driveways and other drives that are not within a Site (except to the extent subject to a platted roadway easement); sidewalks, trails; automobile stations, stops and other related structures owned by Declarant or the Association; any facilities owned by Declarant or the Association and necessary or useful for transit purpose or other means of transportation to and from or within the Property; and lighting, signage and any other facilities deemed necessary or appropriate for the proper operation and maintenance of such systems. 2.56 Unit Ownership Act or "UOA." Unit Ownership Act means the Montana Unit Ownership Act, §70-23-101 etseq., MCA as amended, replaced or supplemented. 2.57 UOA Site. UOA Site means a condominium unit, townhome, or townhouse that is a legally described division of real property subject to the Unit Ownership Act. Article 3 Certain Functions and Rights of Association 3.1 General. Certain of the Functions described in this Article 3 are expressly made mandatory performance obligations of the Association. All other Functions described below are voluntary Functions that the Association may, but is not obligated to, elect to provide. For any voluntary Functions, the Association may elect which Functions to perform based on the budget as adopted by the Association. Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 14 of 56 3.2 Mandatory Property Maintenance Function; Additional Discretionary Property Management Function. The Association shall have the obligation, right, and authority to provide or cause another party to provide for the care, operation, management, maintenance, repair and replacement of any or all Facilities. Moreover, the Association may provide for the care and maintenance of other areas of the Property if the Board, in its sole and exclusive discretion, deems such care and maintenance to be necessary or desirable for access to the boundary of or full utilization of any Site or any Improvements within the Starling Community. Such Function may include, without limitation: (a) removal of snow from and application of sand and salt to Transportation Systems and operation, management, maintenance, repair, and replacement of Improvements; (b) maintenance of all landscaping and other flora, parks, lakes, structures, and Improvements; (c) maintenance of all ponds, streams and/or wetlands which serve as part of the drainage and storm water retention systems for the Property, including, without limitation, any retaining walls, bulkheads or dams (earthen or otherwise) retaining water therein, and any fountains, lighting, pumps, conduits, and similar equipment installed therein or used in connection therewith; (d) maintenance of any property and facilities owned by the Declarant and made available, on a temporary or permanent basis, for the primary use and enjoyment of the Association and its Members, such property and facilities to be identified by written notice from the Declarant to the Association and to remain a part of the Facilities and be maintained by the Association until such time as Declarant revokes such privilege of use and enjoyment by written notice to the Association; and (e) compliance with any environmental reserves or responsibilities assigned to the Association, including, without limitation, creating and maintaining wildlife corridors, winter wildlife ranges and natural wildlife habitats. Moreover, the Association may provide for the care and maintenance of other areas of the Starling Community if the Board, in its sole and exclusive discretion, deems such care and maintenance to be necessary or desirable for access to the boundary of any Site within the Starling Community or access to or full utilization of any Facilities. The Board shall be the sole judge as to the appropriate maintenance, operation, and management of the Facilities and, to the extent that such services are provided by the Association, other areas of the Property and the Starling Community. 3.3 Rights and Obligations as to Sub -Associations; Managing Agent Function. The Association may, with the consent of the Declarant, accept and assume any rights and obligations of Declarant in relation to Sub -Associations. In addition, the Association may enter into separate management agreements with Sub -Associations in relation to (i) the foregoing rights and obligations, (ii) providing design and architectural review services, and (iii) assessment collection and administration, and covenant and lien enforcement services. Assignment, assumption and management agreements entered into pursuant to this Section 3.3 may be for mutually agreeable compensation, as determined by the Declarant and the Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 15 of 56 Association and the other parties thereto. During the Declarant Control Period, any management agreement may be terminated by the Association only upon obtaining the consent of the Declarant. 3.4 Public Health and Safety Function. The Association may provide public health and safety services within or for the benefit of the property within Starling Community, including, but not limited to, providing temporary or emergency health care services and facilities, security personnel, security systems, fire protection facilities and equipment, and a fire water system, which may include periodic fire prevention inspections and equipment certifications or the acceptance of certain rights and obligations in relation to the foregoing as to portions or all of the Starling Community, provided, however, that prior to providing any of the foregoing services, all required governmentally issued licenses shall be obtained. 3.5 Solid Waste Collection and Disposal Function. The Association may provide a designated location or locations for the disposal of all solid waste in the Property, to the extent otherwise reimbursed, within the Starling Community, and to the extent such locations are provided, will contract with a carrier authorized and regulated by the Montana Public Service Commission or other governmental entity for its removal. The Association may also provide a designated location or locations for the disposal of recyclables and contract with a company for its removal. 3.6 Environmental Function. The Association may implement programs to educate Members, Licensees, Invitees and members of the general public regarding wildlife, wetlands and other environmental matters pertaining to the Starling Community. 3.7 Other Functions. The Association may undertake and perform other functions as the Board deems reasonable or necessary to carry out the provisions of this Declaration. 3.8 Right to Make Rules and Regulations. (a) The Association is authorized to and has the power to adopt, amend and enforce Rules and Regulations applicable to the Property and, when authority is conferred upon the Association, any other property managed by the Association, with respect to any Facility or Function, and to implement the provisions of the Governing Documents, including, but not limited to, Rules and Regulations: to (i) prevent or reduce fire hazard; (ii) prevent disorder and disturbances of the peace; (iii) regulate pedestrian and vehicular traffic; (iv) regulate household animals, the environment and environmental practices; (v) regulate signs; (vi) regulate any use of any and all Facilities to assure fullest enjoyment of use by the persons entitled to enjoy and use the same; (vii) promote the general health, safety and welfare of persons within the Property; and (viii) protect and preserve property and property rights. (b) The DRB is authorized to and empowered to adopt, accept jurisdiction over, amend and enforce Design Guidelines applicable within the Property with respect to any matter that the DRB is authorized to review or for which the DRB is authorized to established standards, including but not limited to, new Design Guidelines, revised Design Guidelines, and Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 16 of 56 procedures to be followed and material which must be provided by any Member or his authorized agents in order to obtain review of proposed construction by the DRB. (c) The Association and DRB may provide for enforcement of any Rules and Regulations adopted and Design Guidelines adopted, as the case may be, through fines, penalties, restriction of access or otherwise. (d) Each Member, Licensee, Invitee and member of the general public is hereby deemed to have notice of all Rules and Regulations adopted by the Association and Design Guidelines adopted by the DRB, whether or not the same has been recorded, and shall be obligated to and shall comply with and abide by such Rules and Regulations and Design Guidelines, and pay such unpaid fines and penalties which shall be enforceable in accordance with Article 9. Any current or potential Member, investor, lender or purchaser in relation to the Property may request that the Association or DRB provide a copy of the Rules and Regulations and the Design Guidelines to such Member. Upon the new adoption or material amendment of Rules and Regulations and Design Guidelines, the Association or DRB shall provide all current Members affected by such Rules and Regulations or Design Guidelines with copies of such documents or notification of the adoption of such documents and notice as to where copies may be obtained. Copies of such documents may be made available at offices of the Association or its agents or on an electronic or otherwise generally accessible medium. Each Member is obligated to inform all Licensees and Invitees of the obligations and restrictions set forth in the Governing Documents, provided, however, that failure to so inform any Licensees or Invitees shall not impair the enforceability of any Governing Document. 3.9 Use and Charges for Use of Facilities or Functions. The Association may establish charges for use of Facilities to assist the Association in offsetting the costs and expenses of the Association, including, but not limited to, depreciation, capital expenses and reserves. The Association may also establish charges for providing any service as required or permitted by any Function on a regular or irregular basis to any Member, Licensee, Invitee or member of the general public to assist the Association in offsetting the costs and expenses of the Association, including, but not limited to, depreciation, capital expenses and reserves. All charges established under this Section shall be reasonable and shall be uniformly applied, except such charges may differentiate between reasonable categories of Sites, Members, Licensees, Invitees, , or members of the general public, but shall not unreasonably differentiate for members of the general public. Each Member, Licensee, Invitee and member of the general public shall be obligated to and shall pay any such charges. No such charges shall be imposed to the extent that they compromise the tax-exempt status of the Association under the Internal Revenue Code. The Association may impose access restrictions, which restrictions shall be reasonable and shall be uniformly applied, except such restrictions may differentiate between reasonable categories of Sites, Members, Licensees, Invitees, and portions of the Property, or members of the general public, but shall not unreasonably differentiate for members of the general public. Declarant reserves the right to relocate any of the roadways without the consent of the Members during the Declarant Control Period, provided that if such relocation unreasonably interferes with the use and access to a Site, the consent of the Owner of such Site shall be required. Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 17 of 56 3.10 Taxes. The Association shall pay or cause to be paid all ad valorem real estate taxes, special improvement and other assessments (ordinary and extraordinary), ad valorem personal property taxes, and all other taxes, duties, charges, fees and payments required to be made to any governmental or quasi -governmental entity which shall be imposed, assessed or levied upon, or arise in connection with Facilities or Functions. 3.11 Right to Acquire, Dispose and Improve Facilities. The Association may acquire (by gift, purchase, lease, trade or any other method), own, operate, build, manage, maintain, rent, sell, develop, encumber, abandon, dispose and otherwise deal in and with real and personal property of every kind and character, tangible and intangible, wherever located, and interests of every sort therein; except that the Association may not convey a Facility that is owned by the Association without the Affirmative Vote of a Majority of the Classes as well as the consent of the Declarant during the Declarant Control Period. The Association may cause additional Improvements to be made as part of the real property it owns or Facilities, including the construction of any capital asset, in whole or in part, for the benefit of some or all of the Members, Licensees, Invitees, subject to the restrictions set forth herein. The Association may grant easements, leases, licenses and concessions through or over the real property owned by the Association and the Facilities, including, but not limited to, easements (including conservation easements), rights -of -way, leases, licenses and concessions to suppliers of utilities serving the Property or property in the Starling Community for the purpose of accommodating minor encroachments onto the Facilities or other purposes that do not unreasonably interfere with the use and enjoyment of the real property owned by the Association and the Facilities. 3.12 Records. The Association shall maintain its records in accordance with applicable law and the Bylaws. 3.13 Rights of Association. The Association shall have and may exercise any right or privilege given to it expressly by the Governing Documents or reasonably implied from or reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically provided in the Governing Documents or by law, all rights and powers of the Association may be exercised by the Board without a vote of the Members. The powers and rights of the Association include, but are not limited to the right to: (a) adopt and amend the Bylaws by a majority vote of the Board, with such consents as are required pursuant to the Bylaws. (b) make capital expenditures, incur liabilities, enter into contracts and agreements, and provide services and functions as are necessary to effect the business of the Association, including, but not limited to hiring and discharging managing agents and other employees, agents, and independent contractors. (c) enter into agreements with adjacent property owners for the use of certain Roadways and/or Facilities within the Starling Community, as well as, receiving a benefit of any of the Functions performed by the Association and address their proportionate share of the costs for such use and participation. Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 18 of 56 (d) perform any Function. In addition, the Association may perform any Function by, through or under contractual agreements, licenses, or other arrangements with any governmental, quasi -governmental, private entity or any non-profit organization, as may be necessary or desirable. (e) adopt and amend budgets for revenues, expenditures and reserves and levy and collect Assessments from Members. (f) pay the expenses of the Association, and provide for the use and disposition of the insurance proceeds in the event of loss or damage. (g) purchase insurance policies, to protect the property of the Association against casualty, loss and to protect the Association, officers, directors, and Staff (when acting in their official capacity) from liability. The extent and specific nature of coverage shall be determined by the Board in accordance with Section 11.1. (h) provide for the indemnification of the Association's officers, directors and Staff. (i) borrow funds in order to pay for any expenditure or outlay authorized by the Governing Documents, including, but not limited to, funds borrowed from Declarant or an affiliate thereof, and to execute all such instruments evidencing such indebtedness as may be necessary or advisable; and assign its right to future income, including the right to receive Assessments, as security for any borrowed funds; provided, however, that the Association shall not use reserve funds or pledge its Facilities as collateral for any borrowed funds without the Affirmative Vote of a Majority of the Classes. 0) obtain and pay for legal, accounting and other professional and expert services. (k) deal with agencies, officers, boards, commissions, departments, and other governmental bodies on a local, state and federal basis to carry out the powers, duties and responsibilities herein. 0) institute, defend or intervene in litigation, arbitration, mediation, or an administrative proceeding in its own name on behalf of itself on matters affecting the Property or take such action as it deems necessary to enforce the Governing Documents. (m) in its discretion, appoint Persons to generally supervise and control the business of the Association and delegate certain powers, duties and responsibilities to such Persons. (n) exercise all the powers that may be exercised by a Montana nonprofit corporation under the Act. Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 19 of 56 3.14 Conflicts among Governing Documents. In the event that there is any conflict or inconsistency between or among the provisions of Montana law, this Master Declaration, the Articles, the Bylaws, the Rules and Regulations and any Sub -Association declaration or other governing documents or rules, the provisions of Montana law, the Master Declaration, the Articles, the Bylaws, the Rules and Regulations and any Sub -Association declaration or other governing documents or rules (in that order) shall prevail. In the event there is a conflict between this Master Declaration and any Supplemental Declaration, the Supplemental Declaration shall control. In the event of a conflict between or among Supplemental Declarations, the Supplemental Declaration recorded last in time in the Public Record shall control. Article 4 Membership and Voting 4.1 Regular Membership; Appurtenant Rights. (a) Owners. Every Owner shall be a Member of the Association. There shall be only one Membership attributable to fee simple ownership of each Site within the Property. (b) Memberships Appurtenant. Membership in the Association shall be limited to Owners. A party may hold more than one Membership and may also hold other forms of Membership. (i) Each Membership and the benefits and burdens relating to that Membership shall be appurtenant to the fee simple title to each Site held by an Owner. The Owner shall hold the Membership appurtenant to that Site as set forth herein and title to and ownership of the Membership shall automatically pass with fee simple title of a Site, no matter how such title or interest is acquired. Membership may not be transferred separately from the fee simple title of a Site. (ii) No such Person who is an Owner shall be entitled to opt out, resign, or withdraw from being a Member, regardless of whether any Person uses or does not use any Facility or is the beneficiary of any Function of the Association. The obligations of each Owner under this Master Declaration are mandatory, including, but not limited to, the payment of ongoing Assessments, and all obligations of each Owner set forth herein, regardless of when specific obligations arise or become payable during the term of any Owner's ownership of a Site are deemed to be an obligation incurred and a commitment made as of the date of such Person becoming an Owner. 4.2 Joint Ownership; Joint and Several Liability. If an Owner's interest in a Site is held by more than one Person (in tenancy in common, as joint tenants, or otherwise), the Membership appurtenant to such Site shall be shared by all such Persons in the same proportionate interest and by the same type of ownership as the Site is held, subject to reasonable Board regulation and restrictions on voting, notices, and Assessment obligations as set forth in the Bylaws or otherwise. All such Persons shall be jointly and severally obligated to perform the responsibilities of the specific Owner. The membership rights of an Owner that is not a natural Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 20 of 56 person may be exercised by any officer, director, partner, trustee, member or manager, or by an individual designated from time to time in a written instrument describing and certifying the authority of such Person provided to the Secretary of the Association. In a multiple interest owner situation, if more than one Person seeks to exercise the vote, the voting privilege shall be suspended. Neither the Association nor Declarant shall have any obligation to confirm, as among such multiple interest owners which of the Persons has the right to exercise a vote. In the case where an Owner is not a natural person, or where there are multiple owners to one Site, written notice shall be provided to the Secretary of the Association stating which Person has authority to act (including the payment of any Assessments due) on behalf of the Owner and include that Person's name, mailing and physical address, telephone number and email address. The Association shall rely on such notice until such notice is updated by an Owner. In the case where there are multiple owners of a Site, the liability of each Owner in relation to the Governing Documents is joint and several. 4.3 Evidence of Membership and Registration of Mailing Address. Any Person, upon becoming a Member, shall furnish to the Association a copy of the instrument vesting that Person with the interest required to make such Person a Member. Each such Member at the same time shall give a single name and address to which notices to such Member may be sent, as well as an e-mail address and telephone number by which that Person can be contacted. In the event of any change in the facts reported in the original written notice, including, without limitation, any change of ownership, the Member shall give a new written notice to the Association containing all the information required to be contained in the original notice. As against any Member, and any Person claiming by, through, or under such Member, the Association may, but shall not be obligated to, for any and all purposes, rely on the information reflected in the most recent written notice furnished with respect to such Member. In no event will the Association have any obligation to investigate the address or contact information of any Member. 4.4 Voting and Election of Directors. Each Class shall have the voting rights set forth in the Bylaws. In addition, the directors of the Board shall be elected as set forth in the Bylaws. Article 5 Assessments, Association Expenses, Other Amounts, Lien for Sums Due Association; Enforcement 5.1 Personal Obligation for Assessments and Other Amounts. Each Member shall pay to the Association, and be liable for, all Assessments, charges, fines, penalties or other amounts, to be levied, fixed, established and collected as set forth in the Governing Documents. Each Member's obligation as to Assessments shall be as set forth in this Article 5 and Exhibit C. Each Owner, by accepting a deed or recording a notice of purchaser's interest for a contract for deed for any portion of the Property, is deemed to covenant and agree to pay the Assessments. (a) Failure of the Board to set assessment rates or to deliver or mail each Member an assessment notice shall not be deemed a waiver, modification, or a release of any Member from the obligation to pay these Assessments or the effectiveness of the lien in relation Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 21 of 56 to the Assessments. In such event, each Member shall continue to pay their respective Assessments on the same basis as during the last year for which an Assessment was made, if any, until a new budget becomes effective and new Assessments are levied pursuant thereto. Any such budget may include as an expense item any shortfall in amounts previously collected. (b) No Member may exempt himself from liability for any Assessments or any other obligation under the Governing Documents by non-use of or abandonment of such Site or any other reason. The obligation to pay Assessments is a separate and independent covenant on the part of each Member in relation to a Site. No diminution or abatement of Assessments or set-off shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or Improvements, or from any other action the Association or Board takes. (c) Neither Declarant nor any affiliate thereof is obligated to pay Assessments on any Site it owns. During the Declarant Control Period, Declarant may, but is not obligated to, voluntarily subsidize the Association's budget by contribution, advance, loan, or in any manner the Declarant, in its sole discretion chooses. Any such voluntary subsidy shall be conspicuously disclosed as a line item in the budget and shall be made known to the Members. Such voluntary subsidy in any year shall under no circumstance obligate the Declarant to continue to provide a subsidy in future years, unless otherwise provided in a written agreement between the Association and the Declarant. (d) The Declarant may designate, in a written notice to the Board, any Builder exempt from the obligation to pay Assessments in connection with specific Sites owned by such Builder, until sold as Sites to third parties, or such prior date established in the relevant designation. The Facility shall be exempt from payment of Assessments. 5.2 Verification of Assessments Due. Upon written request, the Association shall furnish to a Member or such Member's title or mortgage company written verification of the amount of such Assessments owing and whether the Member has paid such Assessment. 5.3 Purpose of Assessments and Other Amounts. The Assessments levied and any charge, fine, penalty or other amount collected by the Association shall be used exclusively to pay expenses and other obligations the Association may incur in performing any actions permitted or required under the Governing Documents, including, but not limited to, operating expenses (inclusive of the overall general administration of the Association), the costs of constructing or purchasing Facilities and performing Functions, the cost of all insurance premiums and applicable deductibles for insurance required or permitted under this Master Declaration, repayment of debt and debt service, providing security for third party obligations as provided in the Governing Documents, maintenance of the roads and Roadways within the Starling Community which the Association or its Members utilizes, and all other Association Expenses. The Association may invest any funds allocated to reserves in a reasonable and prudent manner. Unless expressly required by a Governing Document, the Association will not refund or credit to any Member any excess funds (including reserves) collected by the Association. Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 22 of 56 5.4 Types of Assessments. The Association may levy all of the Assessments set forth in Exhibit C. Each Member, as applicable, shall be obligated to and shall collect or pay, as applicable, the Common Assessments, Default Assessments, and Special Assessments as levied by the Association, as defined and described in Exhibit C. 5.5 Time for Payments; Effect of Non-payment of Sums Due Association; Lien and Remedies of the Association. (a) The amount of any Assessment, charge, fine, penalty or other amount payable by any Member shall become due and payable as specified in the Governing Documents. (b) Any Assessment, charge, fine, penalty, or other amount not paid within sixty (60) days after the due date shall be delinquent, shall incur a late payment penalty and bear interest in an amount to be set by the Board from time to time, not to exceed the maximum permitted by applicable law, from the date due and payable until paid and the Member shall be obligated to pay all lien fees, legal fees, paralegal fees, and recording fees (as applicable). (c) The Association has a lien on each Site for any Assessment levied against the Site, and for any other amounts due hereunder from the Owner in relation to such Site. (d) In the event an Owner fails to pay sums due the Association within sixty (60) days of the due date, the Association may (i) bring an action at law to collect the lien or foreclose the lien against the real property in the same manner as a mortgage on real property, (ii) although not necessary in order to foreclose the lien, record notice of the Association's lien against the property being assessed, (iii) institute an action for a money judgment, (iv) send the debt to collections, (v) apply any deposits held by the Association or DRB to the amount due, and (vi) exercise any other remedy at law or equity. Each Assessment or other charge, together with interest and penalties thereon and all costs and expenses incurred by the Association to collect such Assessment, charge, fine, penalty or other amount, including reasonable attorneys' fees, paralegal fees, and disbursements, may be recovered by suit for a money judgment by the Association without foreclosing or waving any lien securing the same or may be recovered in any foreclosure. (e) The recording of this Master Declaration constitutes record notice and perfection of a lien of the Association on all Sites. No further recordation or filing of any claim of any lien is required. The Association may, in its discretion, record or file an additional notice of that lien in the Public Record at the election of the Association. The priority of the lien of the Association shall be determined pursuant to Section 5.6 and shall not be dependent upon the recording or filing date of any notice of lien recorded or filed in the Public Record, and shall be binding upon the Owner and its successors. The Association, acting on behalf of the Members, shall have the power to bid (which may be a bid on credit, up to and including the amount secured by the lien) for the Site at foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. During the period a Site is owned by the Association following foreclosure, (i) no right to vote shall be exercised on behalf of the Site, (ii) no Assessment shall be assessed or levied on the Site, and (iii) each other Site shall be charged, in addition to its usual Assessments, Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 23 of 56 its equal pro rata share of the Assessments that would have been charged to or payable by such Site had it not been acquired by the Association. (f) The sale or transfer of any Site shall not affect the assessment lien or relieve such Site from the lien for any subsequent assessments. Any Assessments or other costs unpaid as a result of a foreclosure shall be deemed to be Association Expenses collectible from all Owners subject to Assessment under this Declaration, including, without limitation, the acquirer at foreclosure, its successors, assigns and transferees. 5.6 Priority and Non -subordination of the Lien. The lien under this Article 5 shall be superior to all other liens, except the liens of all taxes, bonds, assessments and other liens and levies which by law in effect from time to time would be superior. 5.7 Liability of Members, Purchasers and Encumbrancers. The amount of any Assessment, charge, fine, penalty or other amount payable under this Article 5 or Exhibit C payable by any Member shall be a joint and several obligation to the Association of such Member and such Member's heirs, estates, devisees, personal representatives, successors and assigns. A Person acquiring fee simple title to a Site shall be jointly and severally liable with the former owner of the Site for all such amounts which had accrued and were payable at the time of the acquisition of the title or interest by such Person, without prejudice to such Person's right to recover any such amounts paid from the former Owner. i Article 6 Certain Rights of Declarant and Association 6.1 Easements for Encroachment. There shall be reciprocal appurtenant easements of encroachment and for maintenance and use of any permitted encroachment, between each Site and any adjacent Facility or Open Space and between adjacent Site or any Site and Facility due to the unintentional placement or settling or shifting of the Improvements constructed, reconstructed, or altered thereon (in accordance with the terms of this Declaration), or any trail systems, including, without limitation, pedestrian, bicycle, to a distance of not more than three (3) feet, as measured from any point on the common boundary along a line perpendicular to such boundary. However, in no event shall an easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of, or with the knowledge and consent of, an Owner, occupant, Declarant, or the Association. 6.2 Utilities Easement. (a) There are hereby reserved unto Declarant, during the Declarant Control Period, the Association, and the designees of each (which may include, without limitation, the County and any utility provider) access and maintenance easements upon, across, over, and under all of the Property to the extent reasonably necessary for the purpose of installing, replacing, repairing, maintaining and relocating cable television systems, master television antenna systems, security and similar systems, roads, lakes, ponds, wetlands, drainage systems, street lights, signage, and all utilities, including, but not limited to, water, sewer, meter boxes, telephone, gas, and electricity, and for the purpose of installing any of the foregoing on property Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 24 of 56 which it owns or within easements designated for such purposes on any Plat. The Declarant further hereby reserves for itself and its duly authorized agents, representatives, designees, successors and assigns a perpetual non-exclusive easement for utilization, tapping into, tying into, extending and enlarging all utilities within the Property, and a perpetual non-exclusive easement hereunder over the Roadways for the purposes of ingress and egress to and from any improvements constructed or to be constructed by Declarant within the Property. The Declarant further hereby reserves an easement in favor of itself, the Association, and the designees of each, upon, across, over, and under all of the Property for the creation, use, maintenance and relocation of trail systems, including, without limitation, Internal Trails, pedestrian, equestrian, walkways, bicycle, and for the creation, use, and maintenance of wildlife resistant landscape treatments and features, wildlife corridors, winter wildlife ranges, and natural wildlife habitats. The foregoing easements may traverse the private property of any Owner. (b) The Declarant specifically reserves the right to convey to the Association or its designee, with respect to the local electric company, natural gas supplier, and cable television or communications systems supplier easements across the Property for ingress, egress, installation, reading, replacing, repairing, and maintaining utility meters, boxes, pump or other utility lines, valves, etc. However, the exercise of this easement shall not extend to permitting entry into a dwelling on any Site, nor shall any utilities be installed or relocated on the Property, except as approved by the Board or the Declarant. (c) Should any Person furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, the Board shall have the right to grant such easement over the Property without conflicting with the terms hereof. The easements provided for in this Section 6.2 shall in no way adversely affect any other recorded easement on the Property. 6.3 Easements to Serve Additional Property. The Declarant hereby reserves for itself and its duly authorized agents, representatives, and employees, designees, successors, assigns, licensees, and mortgagees, an easement over the Facility for the purposes of enjoyment, use, access, maintenance and development of any property which Declarant may acquire an interest in that is adjacent to any Property, whether or not such property is made subject to this Declaration. This easement includes, but is not limited to, a right of ingress and egress over the Facility for construction and maintenance of roads and for connecting and installing utilities on such property. Declarant agrees that it and its successors or assigns shall be responsible for any damage caused to the Facility as a result of vehicular traffic connected with development and maintenance of such property. Declarant further agrees that if the easement is exercised for permanent access to such property and such property or any portion thereof is not made subject to this Declaration, the Declarant, its successors or assigns shall enter into a reasonable agreement with the Association to ensure that each party bears its equitable portion of the cost of maintenance of any access roadway serving such property. 6.4 Plat and Services Easements. The Declarant hereby reserves for itself and its duly authorized agents, representatives, and employees, designees, successors, assigns, licensees, and mortgagees, an easement over any Facility for the purposes of enjoyment, use, access, Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 25 of 56 maintenance and development of any property which Declarant may acquire an interest in that is adjacent to any Property, whether or not such property is made subject to this Declaration. This easement includes, but is not limited to, a right of ingress and egress over any Facility for construction and maintenance of roads and for connecting and installing utilities on such property. Declarant agrees that it and its successors or assigns shall be responsible for any damage caused to the Facility as a result of vehicular traffic connected with development and maintenance of such property. Declarant further agrees that if the easement is exercised for permanent access to such property and such property or any portion thereof is not made subject to this Declaration, the Declarant, its successors or assigns shall enter into a reasonable agreement with the Association to ensure that each party bears its equitable portion of the cost of maintenance of any access roadway serving such property. 6.5 Association Easements. There is hereby reserved unto the Association and its successors and assigns a non-exclusive, perpetual easement upon, across, above and under the Property for access, ingress and egress in order to (a) exercise any right held by the Association under this Declaration or any other Governing Document, and (b) perform any obligation imposed upon the Association by this Declaration or any other Governing Document. The Association shall not enter upon any Site without reasonable prior notice to the Owner of the Site and shall not enter any residence or other Improvement of an Owner without the consent of such Owner, in each case except in cases of emergency. 6.6 Roadway Easements. Each Owner shall have a perpetual, non-exclusive easement for ingress, egress and access across and through the Roadways to and from such Owner's Site and the Facility, subject to: (a) this Declaration, any final subdivision plat, certificate of survey or condominium declaration recorded in the Public Record, and any other applicable covenants, restrictions or limitations contained in any recorded instrument affecting the Roadways; and (b) the right of the Board to promulgate and enforce any rules or regulations it deems necessary in its sole discretion for the reasonable use and enjoyment of the Roadways by any and all Owners and their Invitees, including, but not limited to, traffic regulation, speed regulation, parking, height, size and other vehicle regulations, security protocols and time/use regulations. 6.7 Acceptance of Easements. Each Owner, by accepting a deed to a Site or recording a notice of purchaser's interest for a contract for deed for a Site, agrees for themselves and their Licensees, Invitees and successors and assigns, to be subject to all easements created by this Declaration and the other Governing Documents and the Rules and Regulations from time to time in effect. Subject to the provisions of this Master Declaration and the power of the Association and the Declarant to regulate the use of, and convey or encumber the Facilities as set forth in the Governing Documents, each Member, Licensee and Invitee shall have a non- exclusive easement over, upon, across and with respect to any Facilities as appropriate and necessary to use the Facilities for their intended purposes. Article 7 Declarant's Rights 7.1 Declarant's Easements and Related Rights. Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 26 of 56 (a) Declarant hereby reserves to itself for itself and for the benefit of its Licensees, Invitees, successors and assigns a non-exclusive, perpetual easement on, over, upon, across, above, under and through the Facility as may be reasonably necessary to (i) discharge Declarant's obligations under this Declaration; (ii) exercise any Special Declarant Right; (iii) make Improvements within the Property on property owned by the Declarant; and (iv) maintain, repair, access, replace, relocate, construct, use and operate utilities where they are located within the Property (and any other property that becomes subject to this Declaration) as of the date of this Declaration or any new or relocated utilities. (b) Declarant hereby reserves to itself for itself and for the benefit of its Licensees, Invitees, successors and assigns, the right from time to time to establish, relocate, and use non-exclusive, perpetual utility and other easements, leases, permits or licenses on, over, upon, across, above, under and through the Property for uses for the Association or Declarant, including, without limitation, in relation to any Improvements in order to serve all persons residing, visiting or doing business within the Property; provided that any such easement, lease, permit or license does not unreasonably impair the use of any Facility for its intended purpose or unreasonably impair construction within any Building Envelopes. 7.2 Special Declarant Rights. Declarant hereby reserves for itself and its successors and assigns the following rights, which rights may be exercised at any time during the Declarant Control Period (collectively the "Special Declarant Rights"): (a) The right to complete any Improvements on the Property owned by Declarant or shown on any Plat or Certificate of Survey filed by Declarant or Declarant's predecessors with respect to Property owned by Declarant, and the right to construct any Improvement that Declarant deems necessary or advisable on any Property owned by Declarant or on any Facility; (b) The right to construct and maintain sales offices, trailer, booths, improvements or other structures used for sales or promotional purposes, management offices and models on any Facility, or any Property owned by Declarant; and the right to construct and maintain signs advertising the Starling Community and properties therein. The number, size and location of any such sales structures and signage, management offices or models or the relocation thereof shall be determined by Declarant; (c) The right to exercise any development right, including, without limitation, the right to add real property to the Property pursuant to Article 13 and to make that real property subject to this Master Declaration and the Overall Development Plan, the right to amend this Master Declaration to create additional Sites and Facilities within the Property, the right to subdivide Sites, the right to combine Sites, the right to convert any and all Sites owned by Declarant into Facilities, the right to record Supplemental Declarations and governing documents of any Sub -Association, and the right to withdraw any and all portions of the Property from this Master Declaration as provided in Article 13; Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 27 of 56 (d) The right to create, relocate and use easements through the Facilities for the purpose of making Improvements within the Property or within real property which may be added to the Property; (e) The right to designate real property or Facilities owned by Declarant within the Property for fire, police, utility service operation facilities (e.g., electric power, propane, sanitation, etc.), water and sewer facilities, public schools and parks, and other public facilities; (f) The right to merge and consolidate the Association with a property owners association of the same form of ownership; and (g) The right to accept, establish and amend reasonable use restrictions with respect to the Property. 7.3 Transfers of Special Declarant Rights and Rights as Declarant. The term "Declarant's Rights" means, collectively, the Special Declarant Rights defined herein as well as all other rights of the Declarant under this Master Declaration, the other Governing Documents, and the rights of a declarant under applicable law. (a) The Declarant's Rights may be transferred by the Declarant in whole during the Declarant Control Period; provided, (i) the transfer shall not reduce an obligation or enlarge a right beyond that which Declarant has under this Master Declaration, and (ii) any such transfer shall only be effective if it is in a written instrument signed by Declarant and the transferee, and recorded in the Public Record. (b) Upon transfer of the Declarant's Rights, the liability of a transferor is as follows: (i) A transferor is not relieved of any obligation or liability arising before the transfer. (ii) A transferor has no liability for any act or omission or any breach of a contractual or warranty obligation arising from and after the date of such transfer. (c) Upon transfer of the Declarant's Rights, the liability of a transferee is as follows: (i) A transferee of the Declarant's Rights is subject to all obligations and liabilities imposed on the Declarant by this Master Declaration arising from and after the date of such transfer. 7.4 Rights of Declarant after Declarant Control Period Terminates. After termination of the Declarant Control Period, Declarant, if still an Owner, will continue to have all of the rights and duties given to Members under the Governing Documents. In no event shall the passage of time prevent the Declarant from utilizing any easement, right or privilege, granted Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 28 of 56 by this Master Declaration or otherwise, upon the Facilities or portions of the Property owned by Declarant that is necessary or advisable in connection with the development and sale of Sites or amenities in relation to the Property and the Starling Community. Article 8 Restrictions Applicable to Property 8.1 Land Use Restrictions. In addition to the restrictions found elsewhere in this Master Declaration, all or any portion of the Property shall be further restricted in its use, density or design according to the Overall Development Plan; any Supplemental Declarations; any governing documents of any Sub -Association; Rules and Regulations; Design Guidelines; subdivision regulations, designations and agreements; wildlife agreements, wildfire mitigation guidelines and conservation guidelines entered into by Declarant or the Association in connection with the development of the Property; zoning regulations adopted by governmental authorities; and similar matters. Each Member, Licensee and Invitee shall comply with all of the terms, provisions, covenants, conditions, restrictions, easements and reservations to be complied with under this Master Declaration, including those referenced above, those imposed by the land use restrictions in this Article and any applicable Supplemental Declaration and governing documents of any Sub -Association. 8.2 Enjoyment of Functions and Facilities. There shall be no obstruction of any Facilities, nor shall anything be stored in or on any part of any Facility, without the prior written consent of the Association. Nothing shall be altered on, constructed in or removed from any Facilities, except with the prior written consent of the Association. Nothing shall be done or kept on or in any Facility that would result in cancellation of the insurance or any part thereof which the Association is required to maintain pursuant hereto or increase the rate of the insurance or any part thereof over the amount that the Association, but for that activity, would pay, without the prior written consent of the Association. Nothing shall be done or kept on or in such Facility that would be in violation of any statute, rule, ordinance, regulations, permit or other requirement of any governmental or quasi -governmental entity. No damage to, or waste of, Facilities shall be committed, and each Member shall indemnify, defend and hold the Association and other Members harmless against all loss resulting from any such damage or waste caused by such Member, or such Member's Licensee or Invitee. No noxious, destructive or offensive activity shall be carried on with respect to any Facility, nor shall anything be done therein or thereon which may be or become a nuisance to any other member of the general public, Member or Invitee. All restrictions contained in Article 8 below shall also be deemed to apply to the Facilities. 8.3 Use of Sites. All Sites may be used only for dwelling purposes and typical residential activities. Owners may rent or lease their Sites to others for residential purposes, including nightly rentals; provided, however, additional rules and restrictions may be adopted by the Declarant and/or the Association to ensure all leases and tenants comply with the terms of this Master Declaration. Notwithstanding anything to the contrary contained in this Section, a gainful home occupation, profession, trade or other non-residential use will be a permissible use of Sites, so long as: (i) such use is permitted by the ODP and not prohibited by law, (ii) such use Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 29 of 56 is not otherwise restricted by this Master Declaration, (iii) such use is carried on entirely within a Site and is secondary and incidental to its use as a residence, (iv) there is no generation of pedestrian or vehicular traffic beyond that customary or incidental to residential use of the dwelling, (v) there is no use of commercial vehicles for deliveries to or from the premises, (vi) there is no on -premises sales of products, (vii) there is no external evidence of any such activity being conducted, including, but not limited to, no signs or structures advertising the occupation and no excessive or unsightly storage of materials or supplies, (viii) the home occupation does not employ any non-resident of the Site, nor does it attract any non-resident customers, and (ix) the use is conducted in compliance with this Master Declaration, the Rules and Regulations and Design Guidelines. 8.4 Maintenance of Site. All Sites, except for any portion of the Site then undergoing any Construction Activity, including all Improvements on such Site and all unimproved Sites, shall be kept and maintained in a clean, safe, attractive and sightly condition and in good repair. 8.5 Approval of Construction Activities. Unless the approval of the DRB through processes set forth in Article 9 is obtained in advance, (i) no Improvements shall be constructed, erected, placed or installed upon any Site, (ii) no change or alteration of the materials or appearance (including, but not limited to, color) of the exterior of any Improvements shall be made, (iii) no excavation or change in the grade of any Site or earth movement shall be performed, (iv) no healthy vegetation or trees shall be cut or removed from any Site, subject to the provisions of Section 8.6, (v) no physical or cosmetic alteration or modification to existing Improvements shall be made, and (vi) no other Construction Activity shall be initiated or performed. 8.6 Fire Precautions. The purpose of this Section is to minimize the likelihood and effect of an uncontrolled fire within the Property, therefore: (a) Each Owner shall keep grass, shrubbery and timber on his Site trimmed in order to reduce the danger of fire within a Site and shall otherwise maintain the Improvements and the general condition of a Site to minimize fire hazards, as well as: (i) Keep the grass mowed and watered within at least 30 feet of any structures in all directions; (ii) Trim all tree limbs so that there are no branches within 6 feet of the ground and do not allow trees to be placed within 5 feet of a structure, which includes pruning limbs so that they do not come within 5 feet of a structure; (iii) Move dead limbs and other fallen timber to at least 30 feet from any structure and dispose of them at the earliest reasonable opportunity; and (b) All Owners shall take the following fire precautions: Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 30 of 56 (i) Keep the roof, eaves, and troughs of all structures free from any debris such as dust, pine needles or other materials which may be flammable; (ii) Do not allow any burning barrels or pits of any sort; (iii) Do not light or permit any open fire except in a contained barbecue unit while attended and in use for cooking purposes or with a safe and well -designed interior wood or gas burning device, excepting, however, campfires or picnic fires on property designated for such use by Declarant or by the Association and controlled and attended fires authorized in writing by Declarant or the Association and required for clearing or maintenance of the land; (iv) Do not discharge fireworks on any portion of a Site; (v) Do not install a shake roof, (vi) Maintain address numbering which is clearly visible from the roadway on the outside of the residence or via an approved sign at the end of a driveway; (vii) Keep all roads and driveways free of obstruction to ensure access by emergency vehicles; and (viii) Do not store firewood within 10 feet of a structure except seasonally when there is snow on the ground. 8.7 Trash; Garbage; Organic and Inorganic Materials. No trash, waste, garbage, litter, junk, refuse, or unused items of any kind shall be kept, stored, thrown, dumped, allowed to accumulate, left, incinerated or burned on any portion of the Property. Each Member shall dispose of their trash at the location(s) designated by the Association. In the event the Association has not designated any disposal location, then (i) all garbage and trash stored outside shall be kept in a container approved by the city of Kalispell, and (ii) except on garbage pick-up day, garbage containers shall be kept in the garage or other enclosures directly adjacent to a structure or fence, and not visible from the street. 8.8 Water and Sanitation. All Sites shall comply with water and sanitation use restrictions set forth in this Master Declaration or governing documents of any Sub -Association, or as required by applicable governmental authority or public utility. No surface water shall be used for Construction Activities. All Improvements on the Property designed for residential, commercial or lodging purposes shall be connected to such water and sewer services as the Association or applicable governmental authority or public utility may require. 8.9 Preservation of Water Resources. Members, Licensees, Invitees and members of the general public shall at all times conduct their use and activities in a manner that will preserve the integrity of the springs, ponds, streams, and creeks (collectively "water features") within the Flathead River watershed. The degradation or pollution of water is not permitted. All applicable local, state, and federal regulations, guidelines, and standards pertaining to water use Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 31 of 56 must be followed and each Member shall ensure that any Construction Activity done on a Site complies with all applicable local, state and federal rules and regulations in addition to any land use set forth in this Master Declaration or any applicable Design Guidelines regarding water features. No Member shall install a man-made pond on a Site without the prior written approval of the Declarant during the Declarant Control Period and thereafter, the Association. Installation of a man-made pond shall constitute a Construction Activity and be subject to review by the DRB. 8.10 Wildlife Habitat, Hunting, Firearms. (a) Declarant reserves the right to utilize and manage all of the Property for the creation and enhancement of habitat for wildlife and native plants. It is also recognized by Declarant and the Members that wildlife species live in or migrate through the Property during various times of the year. The following limitations on use and development are intended to protect, preserve and maintain the existing wildlife habitat in the Property and to minimize the adverse effects of development on the wildlife habitat: (i) Hunting, capturing, trapping or killing of wildlife within the Property is prohibited except as organized and conducted by Declarant or Association for game management purposes. The discharge of firearms is prohibited except in conjunction with game management hunts conducted by Declarant or Association, or except as otherwise authorized by Declarant or Association. (ii) No feeding or domestication of any wildlife shall be permitted. No salt licks, bird feeders, or other foods shall be placed upon any Site. Items such as bird feed, horse feed, grains, garbage and dog food shall be stored in bear -proof containers. 8.11 Noxious Weeds. As to each Site, each Member shall control or eliminate all noxious weeds, as such "noxious weeds" are defined by the list of Flathead County Declared Noxious Weeds, other governmental authority, the Association, or the DRB. Only herbicides approved for domestic use and/or approved by Flathead County and/or the State of Montana for use around waterways may be used by Members. 8.12 No Noxious or Offensive Activity. No noxious or offensive activity shall be carried on upon any Site nor shall anything be done or placed on any Site which is or may become a nuisance or cause any disturbance or annoyance to others. Each Owner, whether present or not, shall be responsible for the Owner's conduct and for the conduct of Owner's guests and invitees while on the Owner's site or within the Property. Each Owner and the Owner's Licensee and Invitees shall conduct themselves in a manner so as not to disturb the peaceful possession of another Owner's Site or another Owner's use of any Facility or Open Spaces. It is a violation of this Declaration to allow noise to emit beyond the Owner's Site boundary at a level that disturbs one or more persons. As used herein, the term "noxious or offensive activity" shall not include any activities of a Member, Declarant or their respective designees which are reasonably necessary to the development of and construction on the Property so long as such activities do not violate the Governing Documents or the statutes, rules or regulations of any governmental or quasi -governmental entity having jurisdiction with respect Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 32 of 56 thereto and do not unreasonably interfere with any Member's use of his Site or with any Member's ingress and egress to or from his Site and a roadway. 8.13 Lights. All exterior lighting of Improvements and grounds on a Site will be subject to regulation by the DRB. 8.14 No Hazardous Activities. No activities shall be conducted on any Site, no Improvements shall be constructed or performed on any Site, and no Construction Activities shall be conducted on any Site that are or might be unsafe or hazardous to any Person or property. 8.15 No Unsightliness. No unsightliness shall be permitted on any portion of the Property. Without limiting the generality of the foregoing: (a) All unsightly structures, facilities, equipment, objects, and conditions shall be kept within an enclosed structure at all times. (b) Motor vehicles classed by manufacturer rating as exceeding three-quarter ton, commercial vehicles, recreational vehicles, mobile homes, travel trailers, trailers, trucks (except pickup trucks used for personal, and not commercial transport), motorcycles, snowmobiles, golf carts, boats and other watercraft, boat trailers, tractors, ATVs, detached campers, camper shells, snow removal equipment and garden or maintenance equipment shall be kept in an enclosed structure at all times, except when in actual use; provided that such equipment and vehicles may be parked in areas specifically designated by the DRB for such equipment and vehicles. (c) Service areas and facilities for hanging, drying or airing clothing or fabrics shall be kept within an enclosed structure. (d) Mechanical and utility equipment, lines, wires, pipes, cables, tanks, poles, meters and other facilities, loading docks and sewage disposal systems or devices shall be screened or kept and maintained below the surface of the ground, or to the extent feasible, customary and sightly as determined by the DRB, within an enclosed structure, subject to exceptions as determined at the discretion of the DRB. (e) No tennis courts, outdoor swimming pools, or similar facilities shall be constructed on a Site unless specifically allowed by a Supplemental Declaration and reviewed and approved by the DRB. 8.16 Repair of Improvements. No Improvements upon the Property shall be permitted to fall into disrepair, and each such Improvement shall at all times be kept in good condition and repair. 8.17 Animals. No animals other than a reasonable number of birds, dogs, cats, tortoises or other customary household pets may be kept on a Site ("Permitted Household Pets"). Permitted Household Pets shall not be kept, bred or maintained for any commercial Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 33 of 56 purpose, nor in unreasonable quantities nor in violation of any other provision of this Master Declaration. Chickens are not deemed Permitted Household Pets. No Permitted Household Pet shall be permitted to harass any wildlife. Owners shall pick up after their Permitted Household Pets and shall not allow their Permitted Household Pets to roam free on any other Site. Exceptions to the foregoing provision of this Section may be granted by the Declarant during the Declarant Control Period, and thereafter by the Association. 8.18 Parking. Members, Licensees, Invitees and members of the general public shall not park vehicles on or along any road within the Property, except in areas specifically designated for parking. The Association shall have the right to remove any vehicle that is parked on or along any road within the Property not in compliance with this Section 8.18, at the vehicle owner's expense. 8.19 Wood Burning Devices. In addition to any regulations under applicable law, the use of wood burning devices may be regulated or prohibited by the Association or DRB pursuant to its Design Guidelines. 8.20 Drainage; Erosion. Reasonable caution shall be taken during any Construction Activity, and thereafter, to prevent erosion, dust and drainage problems. All disturbed soil areas shall be revegetated within a reasonable time in such a fashion as to minimize erosion and dust. 8.21 Fences and Entry Gates. Except as approved by the Association no entry gates, fences, walls or other barriers for the purpose of enclosing or demarcating any Site boundaries or the perimeter of a Building Envelope shall be permitted. No fencing shall unreasonably interrupt or interfere with wildlife migration or movement. 8.22 Health, Safety and Welfare. In the event additional uses, activities and/or facilities are deemed by the Board to be nuisances or to adversely affect the health, safety or welfare of the Members, Licensees, Invitees, or members of the general public, or the value of any part of the Property, the Association may adopt Rules and Regulations or Design Guidelines restricting or regulating the same. 8.23 Interment of Human Remains. No part of the Property shall be used for the interment of human remains either below or above ground. This provision shall not preclude the possession of cremains by a Person within a Residential Site. 8.24 Compliance with Law; Hazardous Materials. No Site shall be used, occupied, altered, improved or repaired except in compliance with all laws, rules, requirements, orders, directions, ordinances and regulations of any local, state or federal governmental or quasi - governmental agency in effect from time to time, whatsoever. The Association and the Declarant shall not be obligated to pursue enforcement in the event this Section is violated. The Association and Declarant may notify the applicable governing entity of any alleged violation and may also pursue remedies for the violation of this Master Declaration. 8.25 Subdivision, Aggregation, and Boundary Line Adjustment of Sites; Sub - Association Creation and Amendment. No Site shall be subdivided, partitioned, aggregated, Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 34 of 56 or be subject to a boundary line adjustment without the prior written consent of the Declarant during the Declarant Control period and thereafter the Association. No Sub -Association shall be created, and no amendment of any governing document of any Sub -Association shall be recorded in the Public Record without the prior written consent of the Declarant during the Declarant Control period and thereafter the Association. 8.26 Temporary Structures. Unless approved by Declarant during the Declarant Control Period, and thereafter, by the DRB, no tent, shack, trailer or any temporary building or structure shall be placed upon any portion of the Property. 8.27 Declarant's Exemption. Notwithstanding any other provision of this Master Declaration, nothing contained in this Article shall apply to the activities of Declarant. Further, Declarant's Construction Activity and Declarant's exercise of any Special Declarant Rights are exempt from review by the DRB during the Declarant Control Period. 8.28 Violation. Determination with respect to whether or not a particular activity or occurrence shall constitute a violation of this Article shall be made in accordance with Article 9. Article 9 Design Review Board 9.1 Purpose. In order to preserve the natural beauty of the Property and its setting, to maintain the Property as a pleasant and desirable environment, to establish and preserve a harmonious design for the community, and to protect and promote the value of the Property, all exterior design, development, Improvements, including, but not limited to, new Improvements and additions, changes or alterations to existing uses or Improvements, and Construction Activity at the Property shall be subject to review and approval by the DRB pursuant to this Article 8. 9.2 DRB. During the Declarant Control Period, Declarant shall appoint all members of the DRB, who shall serve at the discretion of Declarant. The ARC shall consist of at least three (3), but not more than five (5) persons. The members of the ARC need not be Members of the Association or representatives of Members, and may, but need not, include architects, engineers or similar professionals, whose compensation, if any, shall be established from time to time by the Board. 9.3 Powers and Duties. (a) Except as otherwise provided in Section 8.27 and this Section 9.3, neither the Association, nor any Member, Licensee, Invitee nor any occupant shall perform the activities described in Section 8.5 above on the Property, a Site, Facility or a building or structure thereon, or change the use of any Site or building or structure thereon or engage in any Construction Activity unless the DRB has approved the plans and specifications for the project, showing the nature, kind, shape, height, color, materials and location of same, and the construction procedures to be used to ensure compliance with this Article, including compliance with applicable law, the Governing Documents and any Supplemental Declaration or applicable governing document of any Sub -Association. The DRB has the express authority to review, Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 35 of 56 accept, condition, modify or deny all plans for any of the activities described in this Section 9.3(a) to the extent they conflict with the Design Guidelines adopted by the DRB or are not compatible with, or are inappropriate for, the Property. (b) Design Guidelines adopted by the DRB shall provide reasonable rules and procedures as the DRB deems necessary to carry out its functions, which Design Guidelines shall not be inconsistent with the provisions of the other Governing Documents. Design Guidelines adopted by the DRB shall state the general design theme of all projects in the Property, specific design and construction requirements, and the general construction procedures that will or will not be allowed in the Property. To recognize or encourage a diversity of character between discrete areas within the Property, the Design Guidelines may be different for different portions of the Property, consistent with the ODP. (c) Each Member is hereby advised and acknowledges that, in connection with any Construction Activities on his, her or its Site, he, she or it must comply with the applicable provisions of Supplemental Declarations, governing documents of any Sub - Association, Design Guidelines adopted by the DRB, and the Governing Documents, which documents may include, among other things, the following: (i) procedures and fees for making application to the DRB for design review approval, including the documents and materials to be submitted and the process the DRB must utilize to approve or disapprove any submission; (ii) time limitations for the completion, within specified periods after approval, of the Improvements for which approval is required under such documents; (iii) directions pertaining to the location of Improvements upon Sites with respect to natural topography, preservation of view corridors and similar criteria; (iv) minimum and maximum square foot areas of living space and non -habitable or non -living space that may be developed on any Site; (v) landscaping and irrigation regulations or limitations, and limitations and restrictions prohibiting the removal or requiring the replacement of existing trees, the use of plants indigenous to the locale and other practices benefiting the protection of the environment, aesthetics and architectural harmony of the Property; (vi) instructions and Design Guidelines for the construction, reconstruction, refinishing or alteration of any Improvement and addressing matters such as grading, transformers, meters, fire protection, loading areas, waste storage, trash and debris removal, parking areas, outside storage, sanitary facilities, and conduct of behavior of builders, sub -contractors and Members' representatives on the Property at any time; and (vii) the nature, kind, shape, height, color, materials and location of Improvements, parking, landscaping, open space, signage, skylining, setbacks, utilities, storm water management, grading, erosion control, fencing, interaction with wildlife, fault and landslide areas, air contaminants, water quality, heat, lighting and glare, noise, vibration, electrical disturbances, fire and other hazards, permitted uses within specific areas, the scale of development, maximum floor area and other dimensional limitations, impervious surface, density, construction standards and any other matter regulated pursuant to Article 8. (d) The DRB shall have the authority to establish new Design Guidelines, or to enforce Design Guidelines to the extent the DRB is engaged or entitled to perform such functions. Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 36 of 56 (e) The DRB shall have the authority to retain the services of one or more consulting architects, landscape architects, engineers, contractors and experts, who are independent of the DRB, but are, to the extent required under law, licensed in the State of Montana, to advise and assist the DRB in performing the review functions prescribed in this Article and in carrying out provisions of Article 8. Such consultants may be retained to advise the DRB on a single project, on a number of projects, or on a continuing basis. Consultants shall promptly disclose to the DRB their interests in any project or matter before the DRB prior to such project coming up for DRB consideration. (t) The DRB may, as a condition to any consent or approval, impose such covenants, conditions and restrictions as the DRB deems necessary or appropriate, including penalties for failure to comply. (g) The Association and the DRB through their authorized agents shall have the right to enter any Site upon twenty-four (24) hours' notice (or such notice as is appropriate in the event of an emergency) to the Member or Member's agent for the purpose of ascertaining whether such Site or the construction, erection, placement, remodeling or alteration of any Improvement thereon is in compliance with plans or Construction Activity approved by the DRB, the applicable Design Guidelines or the terms of this Master Declaration. The DRB, the Association or such officer, employee, or agent thereof shall not be deemed to have committed a trespass or wrongful act solely by reason of such action or actions under this part. Notice as provided under this Section may be either in person, via telephone, e-mail, or in writing. (h) The DRB shall have the authority to require reasonable fees to be paid with the filing of plans to offset expenses of the DRB. In addition, the DRB shall have the authority to set and require Members to post reasonable deposits prior to commencing construction for the purpose of assuring that Construction Activities will be completed within the time specified and in compliance with approved plans and applicable requirements. The DRB shall adopt a fee and deposit schedule as part of the Design Guidelines covering what fees and deposits will be required, the format for paying the fees and posting the deposits, and how such fees and deposits are used. The DRB reserves the right to establish special fees and deposits in the case of special projects where design review, oversight and enforcement costs may be higher than those established in the fee and deposit schedule. (i) The DRB shall have the authority to revoke or suspend its approval and/or order the suspension or cessation of any Construction Activity for violation(s) of the Governing Documents or for failure to construct the project in accordance with the approved plans. In addition, the DRB shall have the authority to record a notice of such non-compliance in the Public Record. 6) A Member upon final completion of his Construction Activity, as to his Site, shall request in writing from the DRB a certificate of substantial completion. The DRB will consider the request at a regularly scheduled meeting, for which there is quorum, within forty- five (45) business days from the date the request was received. The DRB will then grant or deny the issuance of the certificate. In the event of denial, the DRB shall state its reasons in writing and provide the Member a reasonable time to address the reasons for denial (e.g., complete the Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 37 of 56 Construction Activity) and reapply for a certificate of substantial completion. The DRB shall not be required to release any deposits held pursuant to this Article, until a certificate of substantial completion has been issued, though the DRB may, in its discretion, reduce or release deposits when all that remains is minor, exterior landscaping work that is prevented from being completed by weather conditions. Construction Activity shall not be deemed to be substantially complete until all exterior finish and landscaping work has been completed, construction equipment and machinery are demobilized, and construction staging materials including, but not limited to, portable toilets, dumpsters and all debris are cleared from the Site. Such a certificate of substantial completion shall run to third parties at the request of the applicable Member. (k) The DRB shall have the exclusive right to construe and interpret the pertinent provisions of Design Guidelines. In the absence of any adjudication to the contrary by a court of competent jurisdiction, the DRB's construction or interpretation of the Design Guidelines and the provisions of this Article 8 shall be final, conclusive and binding as to all Persons and property benefitted or bound by the provisions hereof. 0) In addition to the above powers and duties, the DRB may have such powers and duties as delegated to it by the Board. (m) The DRB may grant variances from the Design Guidelines when there is a valid justification, where the exception does not have a negative impact on the adjacent properties or the Property as a whole, which shall be determined in the sole and absolute discretion of the DRB, and where the variance is reasonable in relation to the overall character and nature of the area, provided, however, that no variances can be granted by the DRB as to specific covenants and restrictions set forth in this Master Declaration, and the DRB may adopt specific guidelines in relation to any variance requests. Any application for a variance shall be pursuant to a written request addressing the above criteria and all variance guidelines adopted by the DRB, and any grant or denial of a variance by the DRB shall be stated in writing, based on written findings. (n) If a member of the DRB submits a project to the DRB for review or has a personal interest in a submitted project, that DRB member shall recuse himself from the meeting as a voting member of the DRB and not participate in the review and discussion of the submitted proj ect. 9.4 Operational Procedures. (a) The DRB shall hold meetings as necessary. Meetings of the DRB may be called by Staff, the chair of the DRB or by a majority of the members of the DRB. (b) A majority of the members of the DRB shall constitute a quorum. (c) The DRB shall maintain written minutes of its meetings and a record of any votes taken. Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 38 of 56 (d) All meetings of the DRB shall be open to Members and the Declarant, as well as to any designated professional representatives thereof, and all votes of the DRB shall be taken at such meetings. Nothing contained herein, however, shall prevent the DRB from meeting in executive session, not open to Members, in relation to personnel matters, litigation in which the Association is or may become involved, matters subject to privileges and confidentiality obligations, and matters relating to the formation of contracts with third parties. Any matter discussed in executive session shall be generally noted in the minutes of the immediately following open meeting. No meeting, regular or special, may be audio taped, recorded or broadcast. (e) A copy of all minutes, Design Guidelines and policy statements, shall be filed with the records of the Association and shall be maintained by the Association in accordance with its retention and record keeping policies. (f) The DRB will adopt procedures for soliciting review from a Sub - Association when a Member makes application to the DRB for a project that is solely within property governed by that Sub -Association. (g) Approvals and consents of the DRB shall not be arbitrarily and capriciously withheld, and actions taken shall not be arbitrary and capricious. DRB decisions shall be conclusive and binding on all interested parties, subject only to the right of appeal detailed below. Any approval or disapproval by the DRB shall be in writing and in the case of a denial shall state the reasons for such denial. Decisions of the DRB are final; however, a Member can appeal in writing to the DRB to reconsider its decision. A request for reconsideration must be made in writing within ten (10) business days of the DRB's decision and be delivered by certified mail to the Association's office. The DRB will consider the request at a regularly scheduled meeting, for which there is quorum, within forty-five (45) business days from the date the request was received. The DRB will then in writing affirm, modify or withdraw its decision within twenty (20) business days after the meeting. 9.5 Enforcement. Prior to completion of construction or action subject to review under this Article, the DRB shall have primary responsibility to enforce the restrictions set forth in Article 8, any applicable Design Guidelines, and restrictions as set forth in any Supplemental Declaration or governing document for a Sub -Association for which jurisdiction has been granted to the DRB; provided, however, that such responsibility shall not limit the right of Declarant or the Association to act under Article 10. 9.6 Liability. The standards and procedures established by this Article or the DRB are intended to enhance the overall aesthetics of the Property and the Starling Community. None of the Declarant, the Association, or the DRB nor any of their respective officers, directors, employees or agents shall be responsible or liable for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental or quasi -governmental entity requirements, nor for ensuring the appropriateness of soils, drainage, and general site and geotechnical work. A consent or approval or certificate of substantial completion issued by the DRB means only that the DRB believes that the construction, alteration, installation or other work for which the consent, Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 39 of 56 approval or certificate was requested complies with the applicable Design Guidelines. No such consent or approval shall be interpreted to mean that the construction, alteration, installation or other work covered thereby (a) complies with laws, rules, regulations, ordinances or other requirements of any governmental or quasi -governmental authority, or any applicable covenants, conditions or resolutions, (b) is free from defects, errors or omissions, (c) is structurally sound, or (d) lies within the boundaries of a Site or a Building Envelope, and by submitting materials to the DRB for its review, the applicant shall be deemed to have waived all claims against the DRB based on the foregoing disclaimed matters. None of the Association, the Board, the DRB, or any member or officer of any of the foregoing shall be held liable for any injury, damages, or loss arising out of the manner or quality of approved or disapproved construction on or modifications to any Site within the Property. Article 10 Enforcement and Remedies 10.1 Procedure. The Association shall have the right (but not the obligation) to enforce the provisions of any of the Governing Documents, through its procedure adopted by resolution of the Board, abatement of the violation by the Association, or by proceedings either at law or in equity against any Person(s) violating or attempting to violate any of the Governing Documents. 10.2 Discretion. r *IW (a) The decision to have the Association pursue an enforcement action in any particular case shall be left to the Board's discretion, except that the Board shall not be arbitrary or capricious in taking enforcement action. Without limiting the generality of the foregoing sentence, the Board may determine that, under the circumstances of a particular case: (i) the Association's position is not strong enough to justify taking any or further action; (ii) the covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with applicable law; (iii) although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending Association resources; or (iv) it is not in the Association's best interest, based upon hardship, expense, or other reasonable criteria, to pursue enforcement action. (b) Such a decision shall not be deemed a waiver of the right of the Association to enforce such provision at a later time under other circumstances, nor shall it preclude the Association from enforcing any other covenant, restriction or rule, nor shall it preclude any Member from taking action at law or in equity to enforce the Governing Documents, including all such costs and fees for any appeal or enforcement of a judgment. 10.3 Costs of Enforcement. (a) Costs incurred for enforcing the provisions of the Governing Documents (inclusive of giving notice of the violation), costs of correcting the defect or undoing or curing the violation, if undertaken by the Association, or any fines levied against the Member after the Member is determined by the Board to be in violation of the Governing Documents, shall be paid Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 40 of 56 by the Member. Any costs incurred for enforcing the provisions of the Governing Documents, for correcting the defect or undoing the violation, or fine assessed against the Member that is not paid within sixty (60) days will be handled in accordance with Section 5.5 above. (b) Should any lawsuit, arbitration or other legal proceeding be instituted by a Member against the Association, or the Association against a Member alleged to have violated one or more of the provisions of the Governing Documents and should the Association be wholly or partially successful in such proceeding, the Member shall be obligated to pay all the costs of such proceeding, including reasonable attorney's fees and costs. 10.4 Delegation. The Board may delegate any of its rights or obligations with respect to enforcement as set forth above to its appointed agent, Staff, or any committee of the Board, including, but not limited to, the DRB; except that any decision to pursue or not pursue any legal proceeding may not be delegated, and shall be determined by the Board. 10.5 Remedies Cumulative. Each remedy provided under the Governing Documents is cumulative and not exclusive. Article 11 Insurance, Casualty and Condemnation 11.1 Insurance. (a) Required Coverages. The Association shall obtain and continue in effect the following types of insurance, if reasonably available, or if not reasonably available, the most nearly equivalent coverages as are reasonably available: (i) Blanket property insurance covering "risks of direct physical loss" on a "special form" basis (or comparable coverage by whatever name determined) for all insurable improvements on Facilities to the extent the Association has assumed responsibility in the event of a casualty, regardless of ownership. If such coverage is not generally available at reasonable cost, then "broad form" coverage may be substituted. All property insurance policies obtained by the Association shall have policy limits sufficient to cover the full replacement cost of the insured improvements under current building ordinances and codes; (ii) Commercial general liability insurance on the Facilities, insuring the Association and its Members for damage or injury caused by the negligence of the Association or any of its Members, employees, agents or contractors while acting on its behalf. If generally available at reasonable cost, such coverage (including primary and umbrella coverage) shall have a limit of at least $1,000,000 per occurrence with respect to bodily injury, personal injury, and property damage; provided, should additional coverage and higher limits be available at reasonable cost which a reasonably prudent person would obtain, the Association shall obtain such additional coverages or limits; (iii) Workers compensation insurance and employer's liability insurance, if and to the extent required by law; Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 41 of 56 (iv) Directors and officers liability coverage; (v) Commercial crime insurance, including fidelity insurance covering all Persons responsible for handling Association funds in an amount determined by the Board's business judgment but not less than an amount equal to one -sixth of the annual revenue of the Association plus reserves on hand, or such lesser amount as is commercially reasonably obtainable. Fidelity insurance policies shall contain a waiver of all defenses based upon the exclusion of Persons serving without compensation; and (vi) Such additional insurance as the Board, in the exercise of its business judgment, determines advisable. (b) Policy Requirements. From time to time, the Association shall arrange for a review of the sufficiency of its insurance coverage by one or more qualified Persons, at least one of whom must be familiar with insurable replacement costs in Flathead County, Montana. The policies may contain a reasonable deductible (the determination of "reasonable" including all reserves maintained by the Association) and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the policy limits satisfy the requirements of Section 11.1(a). In the event of an insured loss, the deductible shall be treated as an Association Expense in the same manner as the premiums for the applicable insurance coverage. However, if the Board reasonably determines that the loss is the result of the negligence or willful misconduct of one or more Members, Licensee, or Invitee, then the Board may assess the full amount of such deductible against such Member and their Site (as applicable) as a Default Assessment. All insurance coverage obtained by the Board shall (if reasonably available): (i) Be written with a company authorized to do business in Montana; (ii) Be written in the name of the Association as trustee for the benefited parties. Policies on Facilities shall be for the benefit of the Association and its Members; (iii) Not be brought into contribution with insurance purchased by Owners, occupants or their mortgagees individually; (iv) Contain an inflation guard endorsement; (v) Include an agreed amount endorsement, if the policy contains a co- insurance clause; (vi) Provide that each Member is an insured person under the policy with respect to liability arising out of such Member's interest as a member of the Association in the Facilities (provided, this provision shall not be construed as giving a Member any interest in the Facilities other than that of a Member); Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 42 of 56 (vii) Include an endorsement precluding cancellation, invalidation, suspension, or non -renewal by the insurer on account of any act or omission of one or more Members, or on account of any curable defect or violation of any Member without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure; and (viii) Include an endorsement precluding cancellation, invalidation, or condition to recovery under the policy on account of any act or omission of any one or more individual Owners, unless such Owner is acting within the scope of its authority on behalf of the Association. (c) Waiver of Subrogation and Endorsements. In addition, the Board shall use reasonable efforts to secure insurance policies which name the Members, collectively, as additional insureds for claims arising in connection with the ownership, existence, use or management of the Facilities and provide: (i) A waiver of subrogation as to any claims against the Association's Board, Staff, officers, and any manager, the Members and their Licensees and Invitees; (ii) A waiver of the insurer's rights to repair and reconstruct instead of paying cash; (iii) An endorsement excluding Member's individual policies from consideration under any "other insurance" clause; (iv) An endorsement requiring at least thirty (30) days' prior written notice to the Association of any cancellation, substantial modification, or non -renewal; (v) A cross -liability endorsement that provides cross -liability coverage; and (vi) A provision vesting in the Board exclusive authority to adjust losses; provided, however, no mortgagee having any interest in such losses may be prohibited from participating in the settlement negotiations, if any, related to the loss. (d) Each Owner shall maintain property and casualty insurance on any structures located on such Owner's Site which provides full replacement cost coverage less a reasonable deductible. Upon the Association's request, an Owner shall provide the Association with a current certificate of insurance evidencing the insurance required in this Section 11.1(d). 11.2 Casualty. (a) In the event of damage or destruction to any part of the Facilities, any insurance proceeds shall be collected by and paid to the Association and such insurance proceeds, if sufficient to reconstruct or repair the damage in the estimation of the Board, shall be applied by the Association to such reconstruction and repair. If the insurance proceeds with Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 43 of 56 respect to such damage or destruction are insufficient to repair and reconstruct the damaged or destroyed Facilities, as applicable, or if there are no insurance proceeds, the Board shall levy a Special Assessment pursuant to the Governing Documents in the aggregate amount of such deficiency and shall proceed to make such repairs or reconstruction. Notwithstanding the foregoing, the Association shall not repair or reconstruct the damaged or destroyed Facilities if (i) such repair or reconstruction would be illegal under any local, state or federal law, or (ii) if within sixty (60) days after such damage or destruction (A) during the Declarant Control Period the Declarant elects not to rebuild, or (B) after the Declarant Control Period, the Board elects not to rebuild. If the Declarant or the Board elects not to rebuild as provided above, the Association shall demolish any destroyed or damaged improvements, remove all debris and rubble caused by such demolition and return the damaged or destroyed area to a sightly condition and shall have the right to levy against and collect from the Members a Special Assessment for this limited purpose, if necessary. The Special Assessment provided for herein shall be a debt of each Member, and may be enforced and collected in the same manner as any assessment lien provided for in the Governing Documents. (b) Subject to the terms of any Supplemental Declaration or governing document of a Sub -Association, in the event of damage or destruction of the improvements located on any Site or any part thereof (other than any Facilities which is governed by Section 11.2(a), the Owner of such Site shall, at its sole cost and expense, with due diligence, either (i) cause the damaged or destroyed improvements to be repaired and restored to a condition comparable to that prior to the damage or destruction, or (ii) demolish the destroyed or damaged improvements, in which event the rubble caused by such demolition shall be removed and the affected Site graded and landscaped. If such repair or restoration or such demolition, debris removal, grading and landscaping is not commenced within one hundred eighty (180) days from the date of such damage or destruction, or if the same is commenced but then abandoned for a period of more than ninety (90) days, the Association may initiate proceedings under Article 10, inclusive of fining the Owner until such repair or restoration or such demolition, debris removal, grading and landscaping is commenced or re -commenced, as the case may be, unless the Owner can prove to the satisfaction of the Board that such failure is due to circumstances beyond the Owner's control. All Construction Activity commenced under this Section 11.2(b) shall be subject to DRB review and approval, which will not be unreasonably withheld. In addition to the remedies available pursuant to Article 9, the Association, acting through the Board, may undertake demolition, grading, and landscaping of the affected Site and charge the Owner for the costs thereof as a Default Assessment. 11.3 Condemnation. (a) In the event the Facilities, or any portion thereof, shall be taken for any public or quasi -public use, under any statute, by right of eminent domain or by purchase in lieu thereof, each Member will be entitled to notice thereof, but the Association will act as attorney - in -fact for all Members in the proceedings incident to such taking unless otherwise prohibited by law. The award for such taking will be payable to the Association as trustee for all of the Members to be used as follows: Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 44 of 56 (i) If the taking involves a portion of the Facilities on which improvements have been constructed, then, unless (A) restoration or replacement of such improvements would be illegal under any state, local or federal law or (B) within sixty (60) days after such taking (I) during the Declarant Control Period Declarant elects not to restore or replace such improvements, or (II) after the Declarant Control Period, the Board elects not to restore or replace such improvements, the Association shall restore or replace such improvements so taken on the remaining land included in the Facilities to the extent lands are available therefore, in accordance with plans approved by the DRB and other governmental or quasi -governmental entity having jurisdiction over the Property. If such improvements are to be restored or replaced, and the award for the taking is insufficient to restore or replace such improvements, the Board shall levy a Special Assessment in the aggregate amount of such deficiency and shall proceed to restore or replace such improvements. The Special Assessment provided for herein shall be a debt of each Member, and may be enforced and collected in the same manner as any assessment lien provided for in the Governing Documents. (ii) If the taking does not involve any improvements, or if there is a decision made not to restore or replace as set forth above, or if there are net funds remaining after any such restoration or replacement of improvements is completed, then the Association shall retain such excess proceeds and place them in the Association's reserve account. (b) In the event any Site or any portion thereof (other than any Facility which is governed by Section 11.3(a) shall be taken, the condemnation award for such taking shall be paid solely to the Owner of such Site. The repair or restoration of any improvements located on such Site which are affected by the taking shall be completed as if it were a casualty, in accordance with the terms of Section 11.2(b). If an entire Site shall be condemned, the Owner thereof shall automatically cease to be a Member of the Association with respect to such Site, but obligations arising prior to such taking shall remain the obligation of such Person regardless of the termination of Membership. The condemnation of any UOA Site shall be handled pursuant to the condominium declaration governing that particular UOA Site. Article 12 Mortgagee Provisions 12.1 Notices of Action. (a) Any holder, insurer, or guarantor of a mortgage which provides a written request as specified herein to the Association's registered agent, thereby becoming an "Eligible Holder", will be entitled to written notice of: (i) Any condemnation loss or any casualty loss of which the Association has notice which affects a material portion of (A) the Facilities, or (B) any portion of the Property that includes a Site on which there is a first mortgage held, insured, or guaranteed by such Eligible Holder; or Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 45 of 56 (ii) At least thirty (30) days prior to any foreclosure by the Association of a lien, a delinquency in the payment of any Assessment, charge, fine, penalty or other amount payable by a Member with respect to a Site subject to the mortgage of such Eligible Holder. (b) The written request as required under this Section 12.1 shall clearly state the legal description and address of the Site as well as the name, mailing address, telephone number and e-mail address of the person who should receive the notices for the above listed actions. It is the sole obligation of the Eligible Holder to keep this information up to date with the Association and deliver notice as provided herein to the Association when this information changes. The Association will not be in default for failure to provide the above -listed notices if the Eligible Holder does not provide the Association with accurate information. (c) Any written notice required under this Section 12.1 to be provided by the Association to an Eligible Holder shall be in writing and shall be deemed to have been duly given if delivered personally or if sent by certified mail, first-class, postage pre -paid, return receipt requested to the address provided by the Eligible Holder. 12.2 Payment of Unpaid Assessment. Any mortgagee or other lienholder holding a lien on a Site may pay any unpaid Assessment with respect to such Site, together with any and all costs and expenses incurred with respect to the Assessment lien securing such unpaid Assessment. Article 13 J0 Jurisdiction, Annexation and Withdrawal 13.1 Jurisdiction. The Property within the jurisdiction of the Association and subject to this Master Declaration and the Governing Documents as of the date hereof is described in Exhibit A attached to this Master Declaration and incorporated herein by reference. Property within the jurisdiction of the Association and subject to this Master Declaration is subject to all provisions of the Governing Documents. Pursuant to the provisions of this Article 12, the Annexable Area and other real property may be subjected to the jurisdiction of the Association and become part of the Property subject to this Master Declaration. 13.2 Expansion of Jurisdiction by Declarant. (a) During the Declarant Control Period, the jurisdiction of the Association and the Property subject to this Master Declaration may be expanded in accordance with Section 14.2 hereof. Notwithstanding any other term herein, in relation to any annexation, the Declarant may modify the provisions of this Master Declaration in relation to applicable types of Assessments, applicable Assessment rates and amounts, in the Declarant's sole discretion, any such modifications to be set forth in a Supplemental Declaration. The Declarant shall, in its sole discretion, determine the class of membership for each Owner of property so annexed. (b) Any such annexation shall be effective upon the recording of such supplement in the Public Record, unless otherwise provided therein. Upon annexation, the owner or owners of the annexed property shall become a Member in the Association, will be Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 46 of 56 subject to the Governing Documents and entitled to the rights and obligations of the Members as set forth in the Governing Documents. (c) Nothing in this Master Declaration shall be construed to require Declarant or any successor to subject additional property to this Master Declaration or to develop any of the Property whatsoever. 13.3 Expansion of Jurisdiction by the Association. (a) After the Declarant Control Period, the jurisdiction of the Association and the Property subject to this Master Declaration may be expanded by annexation of the Annexable Area or any portion thereof, and of other real property, subject to the Affirmative Vote of a Majority of the Classes. Such annexation shall be accomplished by recording in the Public Record, a supplement to Exhibit A describing the property being annexed, stating the results of the vote taken, and signed by the Association and the owner of the real property being annexed. (b) Any such annexation shall be effective upon the recording of such supplement in the Public Record, unless otherwise provided therein. Upon annexation the owner of the annexed property shall become a Member in the Association, will be subject to the Governing Documents and entitled to the rights and obligations of the Members as set forth in the Governing Documents. The Association, in its sole discretion, may impose a fee to be paid by the owner of the annexed property to defray any costs of annexation. (c) Nothing herein shall be construed to require the Association to subject additional real property to this Master Declaration or develop any Property whatsoever. 13.4 Withdrawal from Jurisdiction. (a) Declarant, during the Declarant Control Period, and thereafter the Association, reserves the right to remove any Property from the area subject to this Master Declaration with the written consent of the Owner of such Property. In the event such Property is owned by the Association, only the written consent of a majority of the Board shall be required. Such withdrawal shall be accomplished by recording in the Public Record a supplement to Exhibit A describing the property being withdrawn, stating the authority for withdrawal, and signed by Declarant during the Declarant Control Period, and thereafter by the Association, and applicable Owners. (b) Prior to any withdrawal, all applicable Assessments that are owed to the Association must be paid to or waived in writing by the Association. Article 14 Miscellaneous 14.1 Duration of Master Declaration. The covenants, conditions, restrictions, reservations, easements, assessments, charges and liens set forth in this Master Declaration shall run with and bind the Property in perpetuity unless terminated in accordance with the terms of Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 47 of 56 this Master Declaration. In the event this Master Declaration or any provision hereof is found to be subject to the Rule Against Perpetuities or similar legal doctrine, this Master Declaration or provision shall be deemed to run for a period of twenty (20) years from the date of recordation of this Master Declaration in the Public Record, after which it shall be automatically extended for successive ten (10) year periods, unless at least one year prior to the expiration of the initial term or any such ten (10) year period of extended duration, this Master Declaration is terminated by a termination agreement that has been authorized and executed by all of the following: (a) the Class B Member during the Declarant Control Period, and (b) at least eighty percent (80%) of the votes of each Class of Members in the Association (other than the Class B Member), acting as separate Classes. Such agreement shall not be effective until recorded in the Public Record. 14.2 Amendment. (a) Amendment by Declarant. During the Declarant Control Period, Declarant may unilaterally amend this Declaration for any purpose, provided the amendment has no material adverse effect on the right of any Owner (or the consent of any such Owner is obtained). Notwithstanding the above, during the Declarant Control Period, Declarant may unilaterally amend this Master Declaration if such amendment is (i) necessary to bring any provision in compliance with any applicable governmental statutes, necessary governmental registrations, rule, regulation, or judicial determination; (ii) necessary to enable any reputable title insurance company to issue title insurance coverage on the Sites; (iii) required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, a Federal Mortgage Underwriter the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the Units; (iv) necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on any Site or to insure the Property, or any portion thereof, including any individual Site; (v) necessary to develop in accordance with the Overall Development Plan; (vi) necessary to allow the Association to obtain insurance contemplated by this Master Declaration, including, without limitation, property or liability insurance, at a reasonable price and on reasonable terms; or (vii) otherwise necessary to satisfy the requirements of any governmental or quasi -governmental agency or to comply with the Governing Documents. However, any such amendment shall not adversely affect the title to any Sitet unless the Owner of such Site shall consent thereto in writing. (b) Amendment by Members. This Master Declaration may be amended by an Affirmative Vote of a Majority of the Classes, and (b) during the Declarant Control Period, with the written consent of Declarant, which shall not be unreasonably withheld. However, any such amendment shall not adversely affect the title to any Site unless the Owner of such Site shall consent thereto in writing. (c) Amendment By Board. In the alternative, the Board may adopt an amendment to this Master Declaration provided at least a majority of the members of the Board vote in favor of the adoption and, during the Declarant Control Period, the written consent of Declarant is obtained, which consent shall not be unreasonably withheld. However, any such Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 48 of 56 amendment shall not adversely affect the title to any Site unless the Owner of such Site shall consent thereto in writing. 14.3 Effect of Provisions of Master Declaration. Each provision of this Master Declaration, and any agreement, promise, covenants and undertaking to comply with each provision of this Master Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate all easements, grants, and conveyances herein and all other provisions of this Master Declaration shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any real property within the Property is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument. 14.4 Interpretation of the Master Declaration. The Association, by and through its Board, shall have the exclusive right to construe and interpret the provisions of this Master Declaration, except for provisions expressly delegated to the DRB. In the absence of any adjudication to the contrary by a court of competent jurisdiction, the Board's construction or interpretation of the provisions hereof shall be final, conclusive and binding as to all Persons and property benefitted or bound by the covenants and the provisions hereof. 14.5 Attorneys' Fees. In the event suit or action is instituted for a declaration of rights hereunder or to enforce any of the provisions of this Master Declaration, the parties agree to pay to the prevailing party all reasonable costs, fees, and paralegals' and attorneys' fees (as calculated on an hourly fee basis and not a contingency fee basis) and all costs of collection and enforcement, including, but not limited to, any appeals. 14.6 Limited Liability. None of Declarant, the Association, the DRB, the Board, or any member, agent or employee of any of the same shall be liable to any party for any action or for any failure to act with respect to any matter related to the Governing Documents if the action taken or failure to act was in good faith and without malice. Such parties shall additionally be entitled to indemnification to the extent required under applicable law or any Governing Document. 14.7 Disclaimer of Representations. Anything to the contrary in this Master Declaration notwithstanding, Declarant makes no, and disclaims any and all, warranties or representations whatsoever that the Overall Development Plan (as presently envisioned or as amended in the future) for the development of the Property can or will be carried out or that any real property now owned or hereafter acquired by Declarant is or will be subjected to this Master Declaration, or that any such land, whether or not it has been subjected to this Master Declaration, is or will be committed to or developed for a particular use, or that if such real property is once used for a particular use, that such use will continue in effect. No assurances are made regarding the preservation of views from any Site or configuration, location, Site type or other aspect of the development in the vicinity of any Site. 14.8 Successors and Assigns. Except as otherwise provided herein, this Master Declaration shall inure to the benefit of Declarant, the Association, and each Member and shall be binding upon Declarant, the Association, each Member and their respective heirs, devisees, personal representatives, successors and assigns. Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 49 of 56 14.9 Severability. A determination of invalidity of any one or more of the provisions or conditions hereof by judgment, order or decree of a court shall not affect in any manner the other provisions hereof which shall remain in full force and effect. 14.10 Captions. The captions and headings in this Master Declaration are for convenience only and shall not be considered in construing any provisions of this Master Declaration. 14.11 Gender. The use of the masculine gender in this Master Declaration shall be deemed to include the feminine and neutral genders and the use of the singular shall be deemed to include the plural, and vice versa, whenever the context so requires. 14.12 No Waiver. Failure to enforce any provisions of this Master Declaration shall not operate as a waiver of any such provision or of any other provision of this Master Declaration. 14.13 Evidence of Membership and Registration of Mailing Address. Any Person upon becoming a Member shall furnish to the Association a copy of the instrument vesting that Person with the interest required to make him a Member of the Association. Each such Member at the same time shall give a single name and address to which notices to such Member may be sent, as well as an e-mail and telephone number by which that person can be contacted. In the event of any change in the facts reported in the original written notice, including any change of ownership, the Member shall give a new written notice to the Association containing all the information required to be contained in the original notice. As against any Member, and any Person claiming by, through, or under such Member, the Association may, but shall not be obligated to, for any and all purposes, rely on the information reflected in the most recent written notice furnished with respect to such Member. In no event will the Association have any obligation to investigate into the address or contact information of any Member. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Declaration of Master Covenants, Conditions and Restrictions for Starling Community Page 50 of 56 IN WITNESS WHEREOF, Declarant has executed this Master Declaration on the day and year first written above. DECLARANT a Montana limited liability company By: Authorized Representative State of Montana ) ss: County of Flathead ) elk On this day of 20 before me appeared to me personally known or proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached instrument, who, being by me duly sworn (or affirmed), did say that he signed said instrument voluntarily for its stated purpose as an authorized representative of [ ], a Montana limited liability company. (official signature and seal of notary) Notary Public My commission expires: Exhibit A of Declaration of Master Covenants, Conditions and Restrictions for Starling Community LEGAL DESCRIPTION OF THE PROPERTY A TRACT OF LAND, SITUATED, LYING AND BEING IN THE EAST HALF OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: That portion of Tract B of Certificate of Survey No. 19856 (records of Flathead County, Montana) and the Northeast Quarter of the Southeast Quarter of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: BEGINNING at the northeast corner of the Northeast Quarter of the Southeast Quarter of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, which is a found aluminum cap on the centerline of a 60 foot declared county road known as Stillwater Road; Thence along the east boundary of said NE1/4SE1/4 and along said centerline S00011'45"E 232.28 feet; Thence leaving said boundary and said centerline S89057'16"W 265.61 feet; Thence S00002'44"E 130.00 feet; Thence S89057' 16"W 580.00 feet; Thence N00002'44"W 360.00 feet to the P.C. of a 20.00 foot radius curve, concave southwesterly, having a central angle of 90000'00"; Thence along an arc length of 31.42 feet; Thence N00002'44"W 60.00 feet to the P.C. of a 20.00 foot radius curve, concave northwesterly (radial bearing N00002'44"W); Thence northeasterly along said curve through a central angle of 90000'00" an arc length of 31.42 feet; Thence N00002'44"W 26.50 feet; Thence N89057' 16"E 410.00 feet; Thence N00002'44"W 583.50 feet; Thence S89057' 16"W 330.00 feet to the P.C. of a 20.00 foot radius curve, concave northeasterly, having a central angle of 90000'00"; Thence along an arc length of 31.42 feet; Thence N00002'44"W 119.73 feet; Thence N89057' 16"E 115.57 feet; Thence N00002'44"W 247.39 feet to the north boundary of said Tract B of Certificate of Survey No. 19856; Thence along said boundary N89046'58"E 669.43 feet to the east boundary of the Southeast Quarter of the Northeast Quarter of said Section 35 and the centerline of said Stillwater Road; Thence along said boundary and said centerline S00002'44"E 1096.85 feet to the point of beginning and containing 20.840 ACRES; Subject to and together with all appurtenant easements of record. Exhibit B of Declaration of Master Covenants, Conditions and Restrictions for Starling Community CLASSES OF MEMBERSHIP There shall be two (2) initial Classes of Members in the Association, as set forth below. A Member may belong to more than one Class. Class A. Class A Members shall be all of the Owners of Sites. A Class A Member who owns fee simple title to a Site shall be entitled to one vote for each Site owned by such Class A Member. Class B. The Declarant shall constitute the entire Class B Membership as the Declarant Special Member. The Class B Member shall be entitled to one vote for each Site the Class B Member owns. The Class B Member may at any time give the Association notice that it wishes to resign as a member and the Class B Member shall thereafter have no further rights or obligations hereunder as the Class B Member. At any time during the Declarant Control Period, the Declarant may amend, in its sole discretion, from time to time, Exhibit B and add a third membership class, and the consent of no other party shall be required. Exhibit C of Declaration of Master Covenants, Conditions and Restrictions for The Starling Community ASSESSMENTS 1. Common Assessments. (a) Notices. Notices of "Common Assessment" levies shall be sent to the addresses on file with the Association for Members, or in the absence of an address on file with the Association, the publicly available address for such Persons on file with the Flathead County Treasurer. Payment of each Common Assessment shall become due and payable as set forth by the Board in the notice of assessment. (b) Exemption. The Board may provide for a process by resolution of the Board, whereby it can grant an exemption to an Owner for the payment of the Common Assessment. 2. Default Assessment. Notwithstanding anything to the contrary contained herein, if any expense of the Association is caused by (a) the negligence or misconduct of a Member or a Member's family member, employee, agent, Licensee or Invitee, or (b) a violation of any covenant or condition of a Governing Document by a Member or a Member's family member, employee, agent, Licensee or Invitee, the Association may, if it deems necessary or advisable, levy an assessment against such Member. Any such assessment levied by the Association, and each fine, penalty, fee, or other charge imposed upon a Member for the Member's violation of any covenant or condition of any Governing Document, are each referred to herein as a "Default Assessment." 3. Special Assessment. The Association may levy "Special Assessments" from time to time to cover unbudgeted expenses or expenses in excess of those budgeted. Except as otherwise specifically provided in this Master Declaration, any Special Assessment for Common Expenses shall require the Affirmative Vote of a Majority of the Classes. Special Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. 4. General Provisions. Any payment or report required hereunder to be made to the Association shall be deemed to have been in a timely fashion if sent to the principal office of the Association by (i) first class mail, postage prepaid and postmarked no later than the date such payment or report is due, or (ii) reputable overnight delivery service sent no later than the date such payment or report is due. The Association at its own expense shall have the right at any time during regular business hours to inspect and copy all records and to audit all accounts of any Member which are reasonably related to such Member's obligation hereunder to pay assessments or make reports to the Association. The Board shall have the power to determine any matter and to resolve any dispute arising out of the application, determination, payment and collection of any Assessment or the making of any report provided for in this Article, and may promulgate such additional Rules and Regulations which are consistent with the provisions hereof as the Board may deem necessary, useful or appropriate to the reasonable and efficient administration of such provision. a 2 3 M 5 Exhibit D of Declaration of Master Covenants, Conditions and Restrictions for The Starling Community ANNEXABLE AREA Tract 6 of Certificate of Survey No. 19856-13, situated, lying and being in the Southwest Quarter of Section 35, Township 29 North, Range 22 West, P.M.M., records of Flathead County, Montana. Excluding therefrom, the portion of real property legally described on Exhibit A. The North East 1/4 of the South East 1/4 of Section 35, Township 29 North, Range 22 West, P.M.M., records of Flathead County, Montana. Excluding therefrom, the portion of real property legally described on Exhibit A. Tract 4 of Certificate of Survey No. 21456, situated, lying and being in the Southwest Quarter of Section 35, Township 29 North, Range 22 West, P.M.M., records of Flathead County, Montana. Tract 3A of Certificate of Survey No. 21678, situated, lying and being in the Southwest Quarter of Section 35, Township 29 North, Range 22 West, P.M.M., records of Flathead County, Montana. Tract 5 of Certificate of Survey No. 21456, situated, lying and being in the Southwest Quarter of Section 35, Township 29 North, Range 22 West, P.M.M., records of Flathead County, Montana. Starling DESIGN MANUAL June 2021 Starling DESIGN MANUAL Table of Contents Name Chapter 1: Purpose Chapter 2: Properties and Projects Subject to Design Manual Chapter 3: Relationship to other Documents 3.1 Local Land Use Regulations & Building Codes 3.2 The Declaration of Protective Covenants & Bylaws for Starling Page 3 3 Chapter 4: Starling Design Review Panel 4 4.1 Function 4 4.2 Membership 4 4.3 Enforcement Powers 5 4.4 Limitation of Responsibilities 5 Chapter 5: Design Review Process 5.1 In General 5.2 Informal Advice 5.3 Form A: Sketch Design Review 5.4 Form B: Construction Design Review 5.5 Form C: Changes & Modifications 5.6 Site Plan Review & Building Permits 5.7 Timing of Construction 5.8 Inspections 5.9 Liability Chapter 6: Neighborhood Design Patterns 6.1 Site (a) Intent, Uses, Lot Coverage, Lot Area, Lot Width, Height, Garages, Parking and Minimum Density (b) Fences & Screens (c) Sidewalks 6.2 Building (a) Recommended Energy Star Program (b) Base Element & Foundation (c) Walls & Facades Setbacks, 5 5 6 7 8 9 9 10 10 11 11 11 17 17 18 18 1 (d) Porches 20 (e) Outdoor Rooms 21 (f) Decks & Patios 22 (g) Windows & Solar Gain 23 (h) Doors 24 (i) Roofs 25 (j) Skylights 26 (k) Roof Mounted Solar Panels 26 (1) Dormers 26 (m) Eaves 27 (n) Chimneys / Roof Vents 28 (o) Lighting 29 (p) Signage 29 6.3 Landscape 30 (a) Street / Woonerf Boulevard Plantings 30 (b) Yard Plantings 30 (c) Vegetation & Solar Gain 32 (d) Hardscapes 32 (e) Soil Preparation & Drainage 32 (f) Irrigation Systems & Water Use 32 (g) Fertilizing / Pesticides 33 (h) Weed Control 33 (i) Vegetation Removal 33 6.4 Variations from Neighborhood Patterns 34 Chapter 7: Amendments 34 Chapter 8: Definitions 34 Exhibit 1: Phases 1, 2 & 3 Legal Description 35 Appendix A: Phases 1, 2 & 3 Starling PUD Zoning District 36 Sec. 1 — Intent and purpose 36 Sec. 2 — Authorized uses 36 Sec. 3 — Lot coverage and floor area 38 Sec. 4 — Lot area and width 38 Sec. 5 — Yards 38 Sec. 6 — Building height 39 Sec. 7 — Residential garages 39 Sec. 8 — Parking 40 Sec. 9 — Minimum density 40 Sec. 10 — Architectural, additional site and landscape requirements 40 2 Appendix B: Design Review Panel Applications 41 Form A - Sketch Design Review Application 42 Form B - Construction Design Review Application 45 Form C - Changes Application 47 Form D — Inspection Application 49 Appendix C: Phases 1, 2 & 3 Required Building Envelope Exhibits 51 3 Pursuant to the Declaration of Protective Covenants for Starling ("Declaration"), on file with the Flathead County Clerk and Recorder's Office, the Declarant Starling Company, LLC ("Declarant"), herein adopts the following Starling Design Manual ("Design Manual"): Chapter 1 : Purpose This Design Manual is intended to promote sustainable patterns of development that will encourage people to connect and interact as part of the Starling neighborhood and adjacent neighborhoods. The standards within this document provide a framework for design and construction that will allow each project to contribute to the neighborhood and to the long- term goal of complimenting and enhancing the overall Kalispell community. The architectural and landscape elements of site design are integral to the overall desired neighborhood patterns. Rather than dictate specific design styles, the standards are provided to ensure well-built, compatible, energy -efficient homes with clear order and comprehensive composition. Photographs are included for education, inspiration and reference only and do not imply specific solutions or guarantee regulatory approval. The goal is to strike a balance between neighborhood harmony and creativity. This document encourages design diversity and contemporary design while providing certain guidance to ensure quality design and longevity in property values. Each project should not simply be an exact copy of another building. The fact that a given style or feature of building already exists does not guarantee that it will be approved for construction again. Exceptions to this Design Manual may be granted only based on architectural merit as determined by the Starling Design Review Panel ("DRP") and outlined in Section 6.4. The DRP is not authorized to grant any exceptions to local land use regulations unless explicitly authorized by the appropriate review agency or agencies. It is the responsibility of the Owner to ensure that all proposed construction shall comply with all laws, rules, and regulations including, but not limited to local Land Use Regulations and the International Building Code as well as other applicable plumbing, electrical, or building codes in effect for the City of Kalispell. The Declaration and Bylaws, if any, also apply to all Lots within Starling. Chapter : Properties and Projects Subject to Design Manual The Design Manual shall inure to and pass with each parcel, tract, lot or division in Starling. Unless specifically excluded, this Design Manual shall apply to the entire the Starling subdivision (as described in Exhibit 1), any property annexed to the Starling subdivision, and all improvements. 4 No improvements shall be made, erected, altered or permitted to remain upon any Lot until (1) the proper Form(s) is/are submitted, (2) any other information required or requested by the DRP is submitted, (3) all fees are fully paid, (4) all required Forms are approved in writing by the DRP, and (5) any applicable City of Kalispell review or permitting and/or fee payment(s) has been completed. All plans submitted to the City of Kalispell must have Starling Design Review Panel Form B stamp of approval. "Improvement" shall be construed broadly and includes, but is not limited to, a residence, fence, wall, garage, outbuilding, other structure, or landscaping. Chapter : Relationship to other Documents 3.1 Local Land Use Regulations & Building Codes All improvements must comply with applicable building codes, land use regulations, and all other laws, rules and regulations of any government or agency under whose jurisdiction the land lies. Local land use regulations can be found online at www.kalispell.com. Some provisions of this Design Manual may be more restrictive, or less restrictive than local land use regulations as part of the overall Starling Planned Unit Development ("PUD"). 3.1.1 The following relaxations from the Kalispell Municipal Code apply to Starling. 3.2 The Declaration of Protective Covenants and Bylaws for Starling All Lots in Starling are also subject to The Declaration of Protective Covenants for Starling ("Declaration"), which are on file at the Flathead County Clerk & Recorder's Office, and Bylaws, if any. Chapter : Starling Design Review Panel A Panel is hereby established known as Starling Design Review Panel ("DRP") 4.1 Function The function and purpose of the DRP is to review applications, plans, specifications, materials, samples, and location to determine if the proposed construction conforms to the Declaration and the Design Manual. 4.2 Membershir 4.2.1 Before the Transfer Date, the Declarant may appoint a Design Review Panel composed of up to three persons. The persons are not required to be Owners or Members of the Association. The persons may serve on the Design Review Panel until he or she resigns or is replaced by the Declarant, whichever occurs first. If no persons 5 are on the Design Review Panel, then the Board of Directors shall act as the Design Review Panel. 4.2.2 After the Transfer Date, the Board of Directors may appoint a Design Review Panel composed of up to three persons. The persons are not required to be Owners or Members of the Association. The persons may serve on the Design Review Panel until he or she resigns or is replaced by the Board of Directors, whichever occurs first. If no persons are on the Design Review Panel, then the Board of Directors shall act as the Design Review Panel. 4.2.3 The Board of Directors may also engage engineers or other advisors or consultants in the design review process as necessary. 4.3 Enforcement Powers Should any Owner violate or threaten to violate any part of this Design Manual, the DRP may attempt to work with the Owner to have the Owner cure the violation in a timely manner, and/or refer the violation or threatened violation to the Board of Directors. Among any other remedy set forth in the Declaration, the Board of Directors has the right to injunctive relief, which requires the Owner to stop, remove, and/or alter any improvements in a manner that complies with the standards established by the DRP. 4.4 Limitation of Responsibilities The primary goal of the DRP is to review the Review Applications and the plans, specifications, materials, samples, and location to determine if the proposed construction conforms to the Declaration and the Design Manual. The DRP does not assume responsibility for the following: • The structural adequacy, capacity, or safety features of the proposed construction or improvement. • Soil erosion, ground water levels, non -compatible or unstable soil conditions. • Compliance with any or all building codes, safety requirements, and governmental laws, regulation or ordinances. Chapter : Design Review Process 5.1 In General 5.1.1 Approval Required to Commence Construction. No improvements shall be made, erected, altered or permitted to remain upon on any Lot until the Owner submits the proper Form to the DRP and the Form is approved in writing by the DRP. 5.1.2 DRP Discretion. The DRP has complete discretion to approve, conditionally approve, or deny a Form. At the least, the construction, installation, or alteration shall comply with the Declaration and Design Manual; be in harmony with the external design, location, and topography of the surrounding Lots and Starling; and not be 6 placed on or under any part of said Lot within the common areas and easements reserved and created in the Declaration, except as approved by the DRP. 5.1.3 Information Required. No Form will be deemed submitted until all information required by the Design Manual and requested by the DRP, and all fees are provided. Incomplete applications may be returned and are subject to a re -submittal fee. 5.1.4 Submitting Forms. Submit (hand delivery or mail) 2 copies of the required Form and related materials for each design review to the following: Starling Design Review Panel c/o Kilday & Stratton, Inc. 2880 Technology Blvd W Suite 271 Bozeman, Montana 59718 Submittals must be labeled with "Starling Design Review Panel" and specific project title and address. Form A, Form B, Form C, and Form D, as may be amended from time to time, may be requested from the DRP or may be downloaded from the website. 5.1.5 After the Review. Following DRP review, the Owner will be notified as to whether the construction has been approved, conditionally approved or denied. 5.1.6 Withdrawing Application. An Owner may withdraw an application without prejudice, provided the request for withdrawal is made in writing to the DRP. 5.1.7 Variances. Any request for any variance must be made in writing to the DRP. Any variance granted shall be considered unique and will not set any precedent for future decisions. Variance requests are subject to Section 6.4. 5.1.8 Request for Hearing. If an application is conditionally approved or denied, the Owner may request a hearing before the DRP to justify the Owner's position. The DRP will consider the arguments and facts presented by the Owner and notify the Owner of its decision. 5.1.9 Event of Inaction. If the DRP does not act on or respond to a Form within forty- five days after receiving the Form, the Form shall be deemed denied. 5.2 Informal Advice Prior to beginning the design process, it is recommended that Owners and their designated representatives (such as architects, contractors, etc.) contact the DRP to verify their interpretation of this Design Manual. Owners or their designated representatives may, at their option, request a meeting with the DRP to discuss the preliminary plans prior to a full Form A (Sketch Design Review) submittal. 7 Required Required Submittal Fee* Documents Materials (2 paper copies + Schematic Drawing Checklist 1 digital PDF copy) None I None Conceptual plans appropriate N/A (except as for informal discussion noted below) *Note: Additional meetings and/or reviews requested by the Owner and as determined by the DRP to be above and beyond the standard review process are subject to hourly fees in addition to the Design Review fee and must be paid prior to issuance of approval. 5.3 FORM A (Required) Sketch Design Review The Sketch Design Review checks designs for general interpretations of the overall Declaration and Design Manual. Form A includes a statement of Acknowledgement. The Lot Owner and/or its designated representative shall take all necessary steps to ensure that they and their employees, subcontractors, agents, suppliers, and others involved in the development of the Lot are familiar with and agree to abide by the Declaration, Design Manual, and approved plans. Note that Form A review must be completed before Form B review can begin. If a Form B application is not submitted within 9 months of Form A review (based on the date of the letter from the DRIP approving or conditionally approving the plans) or if the design changes considerably (as determined by the DRIP in the DRP's sole discretion), a new full Form A submittal will be required. Required Fee* Documents (1 paper copy + 1 digital PDF copy) Form A (must be signed) Required Submittal Materials (1 paper copy + 1 digital PDF copy) Half size/scale plots acceptable. Site Plan (1/16" or 1/8" scale) Schematic Drawing Checklist North Arrow Property/Setback Lines Easements Sidewalks; Building Footprints; Porches, Stairs, etc; Overhangs (as dashed lines) Landscape Plan Schematic Site & (1/16" or 1/8" scale) Boulevard Landscaping Floor Plans Room Use (1/8" scale or larger) Windows & Doors tions scale or larger) Overhangs Dimensions Gross SF Porches, balconies Doors, windows Materials specified Overall Height (from average grade) Roof Pitches I *Notes: 1) Fee covers Form A & B; if project does not progress past Form A, a $400 refund will be provided upon request of the owner. 2) Additional meetings and/or reviews requested by the Owner and as determined by the DRP to be above and beyond the standard review process are subject to hourly fees in addition to the Design Review fee and must be paid prior to issuance of approval. 3) Incomplete applications may be returned and are subject to a $100 penalty. 5A FOrm B (Required) Construction Design Review: The Construction Design Review checks the construction documents for general compliance with the Declaration and Design Manual and verifies that the previous DRIP recommendations have been addressed. Conformity to applicable local regulations and building codes, as well as obtaining appropriate permits is the responsibility of the Owner and/or the Owner's architect and/or builder. If a Form B application is not submitted within 9 months of Form A review (based on the date of the letter from the DRIP) or if the design changes considerably (as determined by the DRIP in its sole discretion)7- 1, a new full Form A submittal will be required. Required Documents (1 paper copy + 1 digital PDF copy) Form B (must be signed) Green Building Checklist Required Submittal Materials (1 paper copy + 1 digital PDF copy) Half size/scale plot acceptable. Site Plan (1/16" or 1/8" scale) All dimensions must be noted. Drawing Checklist North Arrow; Property Lines; Setback Lines; Easements; Sidewalk & Street Location; Location, Dimensions, Materials for walks & drives; Building Footprints; Porches, Stairs, etc.; Overhangs (as dashed lines); Fence location & details; Grading Plan; Location and screening of equipment and meters; Limits of construction activity 9 La (1/ FI (1/ All no EI ndscape Plan Site landscaping 16" or 1/8" scale) Boulevard Landscaping Plans Room Use 8" scale or larger) Windows & Doors dimensions must be Overhangs ted. Gross square footage for unit and garage e Rendering Color rendering of tllont elevation and color chips 1% aterial Samples As requested by DRP undation Letter from Each project is required to submit a gineer letter from a civil engineer identifying existing ground water elevations, and recommendations for foundation design, footing and first floor elevations. *Notes: 1) Fees paid with Form A cover both Form A & Form B. 2) Form A & Form B may be submitted concurrently. 3) Additional meetings and/or reviews requested by the Owner and as determined by the DRP to be above and beyond the standard review process are subject to hourly fees in addition to the Design Review fee and must be paid prior to issuance of approval. 4) Incomplete applications may be returned and are subject to a $100 penalty. 5.5 Form C Changes & Modifications: Owners may wish to make improvements or modifications to their improvements or property during the initial construction or at a future date. A change may only be executed after DRP approval of Form C. Note that any changes or modifications that are made before Form C is submitted, reviewed, and approved will be subject to an increased fee, to be decided by the Board of Directors or the DRP. Required Documents Required Submittal Fee* (1 paper copy + 1 Materials (1 paper copy + 1 Drawing Checklist digital PDF copy) digital PDF copy) $150 Any details related to (for proposed Form C Any relevant drawings related modifications) to proposed change(s) the proposed changes. 10 $500 (for "after the fact" modifications) *Notes: 1) Additional meetings and/or reviews requested by the Owner and as determined by the DRP to be above and beyond the standard review process are subject to hourly fees in addition to the Design Review fee and must be paid prior to issuance of approval. 2) Incomplete applications may be returned and are subject to a $100 penalty. 5.6 Site Plan Review & Building Permits All construction projects require a building permit and some projects may require additional review from the City of Kalispell. Any plans submitted to the City of Kalispell must include Starling Design Review Panel stamp and/or letter of approval. This is a requirement of the Starling Homeowners' Association and not the City of Kalispell. Approval by the DRP does not guarantee approval by the City of Kalispell. Construction may not commence without obtaining necessary approvals/permits from the City of Kalispell and the Starling Home Owner's Association. The Starling Homeowners' Association will assess significant fines for beginning construction prior to obtaining all required approvals. 5.7 Timing of Construction An Owner has 1 year from the date of Form B approval to start construction. If construction of a structure is not started within 1 year of Form B approval, new approval must be obtained. An Owner has 1 year from the date construction commences to complete construction, unless an extension is granted by the DRP. If construction is commenced and is not completed in 1 year or is not completed in strict compliance with what was approved, then in addition to any other remedy allowed in the Declaration or this Design Manual, or at law or in equity, the Board of Directors, may, in its sole discretion, take any action that in its judgment is necessary to improve the appearance of the construction or to bring it into compliance with the Declaration, the Design Manual, or the approved plans, including completing the exterior, or removing the uncompleted structure, or any other action. Consideration will be given to remaining landscaping based on seasonal constraints; however, such landscaping must be completed during the beginning of the next planting season. The amount of any expenditure incurred in so doing shall be the Owner's obligation. In addition, a lien on the Lot may be recorded and enforced by an action at law. The Association may also take such action as is available in the Declaration and by law or in equity, including an injunction and/or action for damages. 5.8 Inspections: The DRP reserves the right to inspect the Lot during any stage of construction. If the DRP determines, in its sole discretion, that discrepancies exist between the construction and 11 approved plans, the Declaration, or the Design Manual, the Owner shall immediately correct the discrepancies or submit a Form C (after the fact changes) for review and approval. A Final Inspection is required. Owners are responsible for scheduling an inspection. The inspection shall determine general compliance with the Declaration, Design Manual, and approved plans. If the DRP finds the improvements were not completed in strict compliance with the Declaration, Design Manual, and approved plans, the DRP shall notify the Owner of the noncompliance, and shall require remedy of the same. The Owner shall have 7 days from the notification to remedy the noncompliance or to submit a work plan delineating the time frame when the noncompliance will be remedied, although in no instance shall the timeframe exceed 45 days. The DRP may allow up to 45 days for the noncompliance to be remedied if the Form C and corresponding work plan provides adequate justification for the requested time. If the noncompliance is not remedied, the Board of Directors may, in its sole discretion, remedy the noncompliance. The amount of any expenditure incurred in so doing shall be the Owner's obligation. In addition, a lien on the Lot may be recorded and enforced by an action at law. The Association may also take such action as is available in the Declaration and by law or in equity, including an injunction and/or action for damages. No occupancy of the project shall take place prior to the completion of all required inspections or as otherwise specified by the DRP. 5.9 Liability Neither the Starling Homeowners' Association, the Declarant, the Board of Directors, the DRP, nor the individual member's thereof, may be held liable to any person for any damages for any action taken pursuant to this Design Manual, including but not limited to, damages which may result from review, correction, amendment, changes or rejection of plans and specifications, observations or inspections, the issuance of approvals, or any delays associated with such action on the part of the Design Review Panel or Board of Directors. Chapter : Neighborhood Design Patterns All development must adhere to the neighborhood patterns described in the following sections (Site, Building, and Landscape). Photos are included reference only. Note that some provisions of this Design Manual may be more restrictive, or less restrictive, than local land use regulations as part of the overall Planned Unit Development (PUD). See Section 6.4 for allowable variations from these neighborhood patterns. 12 6.1 Site The following site design guidelines are intended to provide a framework for site layouts within Starling. (a) Regulations regarding Intent, Uses, Lot Coverage, Lot Area, Lot Width, Setbacks, Height, Garages, Parking and Minimum Density are all addressed in Appendix Al & A2: Starling Planned Unit Development Zoning District. (b) Fences & Screens • No fencing is allowed in street -facing yards or in required street vision triangles. • The following fence types are permitted. See specifications below. ■ A 42" tall fence, only as specified below, is allowed along the woonerf property lines and along an imaginary line setback two -feet inside any property line that borders park or open space. It is also allowed on common private property lines and returns to the house structure. The two -foot buffer between the fence and the property line bordering park or open space must be planted with a hedge that is well maintained at 42" or less in height. • Hedge species may be Lilac, Cranberry Highbush, or a similar species approved by the DRP. Minimum planting size is 24" tall and maximum spacing is 36" on center (OC). 42" Height (3' 6" H) Option A 13 BLACK PYRAMID P❑ST CAP _o, 4 _0' 4"X4" #2 CEDAR ❑R PRESSURE TREATED P❑STS #4 REBAR TYPICAL 3'—D'X 3'-6° PEDESTRIAN GATE, TYP. GATE HARDWARE, TYP APTlnNI A 42" Height (3' 6" H) Option B 2X6 #2 CEDAR ❑R PT/DF CAP (Ur TI❑NHL) JSE STAINLESS STEEL ❑R G❑LD XTERI❑R C❑RR❑SI❑N RESISTANT SCREWS 1"X6'X16' #2 CEDAR RAILS 4"X4" 42 CEDAR ❑R PRESSURE TREATED P❑STS; 6x6 CEDAR DR PT/DF C❑RNER P❑STS 4" AB❑VE GRADE OPTION B 42" Height (3' 6" H) Option C 2X6 #2 CEDAR ER PT/DF CAP (❑PTI❑NAL) USE STAINLESS STEEL ❑R G❑LD EXTERI❑R C❑RR❑SI❑N RESISTANT SCREWS 1'X6'X16' #2 CEDAR RAILS 4"X4" #2 CEDAR ❑R PRESSURE TREATED P❑STS; 6x6 CEDAR ❑R PT/DF C❑RNER P❑STS 40X4' GALVANIZED STEEL WELDED WIRE FENCE PLACE BETWEEN FENCE P❑STS AND RUNNERS (❑PTI❑NAL) CENTER RAILS (❑PTI❑NAL) 14 Q 42" Height (3' 6" H) Option D 2X6 #2 CEDAR OR PT/DF CAP (OPTI❑NAL) USE STAINLESS STEEL OR COLD EXTERIOR C❑RR❑SI❑N RESISTANT SCREWS 2X4 TOP AND BOTTOM RAIL #2 CEDAR OR PT/DF 4"X4" #2 CEDAR OR PRESSURE TREATED POSTS 4"X4" GALVANIZED UTILITY LIVESTOCK PANELS OR 4X2 GALVANIZED STEEL WELDED WIRE OPTION D ■ A 4-foot-tall fence, only as specified below, is allowed on common private property lines and returns to the house structure. 4' Height Option A 5'-0. 4'_0' BLACK PYRAMID POST CAP 4'X4" #2 CEDAR OR PRESSURE TREATED POSTS #4 REBAR TYPICAL C 3'-6'X 3'-6" PEDESTRIAN GATE, TYP GATE HARDWARE, TYP nPTIONI A 15 OPTION B nPTION C 4' Height Option B ?X6 #2 GEDAR ❑R PT/DF CAP (❑PTI❑NHL) JSE STAINLESS STEEL ❑R C❑LD XTERIDR C❑RR❑SI❑N RESISTANT SCREWS 1°X6°X16' #2 CEDAR RAILS �'X4" #Z CEDAR ❑R PRESSURE FREATED P❑STS; 6x6 CEDAR IR PT/DF C❑RNER P❑STS 4' AB❑VE GRADE 4' Height Option C 2X6 #2 CEDAR ❑R PT/DF CAP USE STAINLESS STEEL ❑R G❑LD EXTERI❑R C❑RR❑SI❑N RESISTANT SCREWS I"X6'X16' #2 CEDAR RAILS 4'X4' #2 CEDAR ❑R PRESSURE TREATED P❑STS; 6x6 CEDAR ❑R PT/DF C❑RNER P❑STS 44X4" GALVANIZED STEEL WELDED WIRE FENCE, PLACE BETWEEN FENCE P❑STS AND RUNNERS (❑PTI❑NAL) CENTER RAILS (❑PTI❑NAL) 4' Height Option D 16 It 2X6 #2 CEDAR OR PT/DF CAP (OPTIONAL) USE STAINLESS STEEL ❑R GOLD EXTERI❑R C❑RR❑SI❑N RESISTANT SCREWS 2X4 TOP AND BOTTOM RAIL #2 CEDAR OR PT/DP 4'X4' #2 CEDAR OR PRESSURE TREATED POSTS 4"X4" GALVANIZED UTILITY LIVESTOCK PANELS OR 4X2 GALVANIZED STEEL WELDED WIRE OPTION D ■ A 6-foot-tall screen fence, only as specified below, is allowed on side property lines setback 20 feet from the street and woonerf property lines and allowed on returns to the house structure. 5'-0' 4'-W 6' Height Option A BLACK PYRAMID POST CAP - 4'X4' #2 CEDAR ER PRESSURE TREATED POSTS - #4 REBAR TYPICAL. 3'-6`X 4'-6" PEDESTRIAN GATL, TYP GATE HARDWARE, TYP ralNIfaI\1_►I 6' Height Option B 17 2X CAP (❑PTI❑NAL) USE STAINLESS STEEL ❑R GOLD EXTERI❑R C❑RR❑SI❑N RESISTANT SCREWS 1°X6'X16' #2 CEDAR RAILS 4"X4" #2 CEDAR OR PRESSURE TREATED POSTS; 6x6 CEDAR OR PT/DF CORNER POSTS J� AB❑vE GRADE OPTION B • All fence connections shall be made with stainless steel or gold exterior corrosive resistant screws. • All fences shall be stained or sealed to protect them from weather and elements and to maintain appearance. • Screen walls, used for patios or hot tubs, are required to meet all setbacks and must be aesthetically connected to and appear as an extension of a primary residence wall. Outdoor rooms may be designed to include, but shall not be substantially obscured by, screen walls. • All fence assemblies are required to be maintained for appearance and kept in working order. 18 Dog kennels or runs must be attached to a primary or accessory structure, be screened from public streets and adjacent properties, and receive DRP approval for materials and configuration. Chain -link is not permitted. Underground electric fences are encouraged for dogs. Utility panel or wire fences must be constructed so that the wire or utility panel is attached and held in place by the fence structure. Staples, alone, are not acceptable to attach the wire to the fencing frame. (c) Sidewalks • Any existing sidewalks in the right-of-way or open spaces that are damaged during construction must be repaired or replaced at the lot owner's expense. • Sidewalks on homes facing local streets are required to cross the boulevard in line with the sidewalk leading to the front porch. Upon the third anniversary of the plat recordation of any phase of Starling, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. Failure to comply may result in the HOA constructing sidewalks and assessing full coordinating and installation costs and apply fines when deemed necessary. 6.2 Building The following building design guidelines are intended to promote both building diversity and neighborhood compatibility within a developing neighborhood framework. (a) Recommended Energy Star Program • Because of its ease and low cost, homes are encouraged to meet or exceed the standards of the "Energy Star" Program. Energy Star homes typically include additional energy -saving features that make them 20-30% more efficient than standard code compliant homes. • Energy Star Qualified New Homes include: L Effective Insulation L High -Performance Windows L Tight Construction and Ducts L Efficient Heating and Cooling Equipment L Efficient Products L Third -Party Verification The specific standards can be found at: http://www.energystar.gov/index.cfm?c=new homes.hm index. 19 (b) Base Element & Foundation A base element is required and must be detailed in such a way to visually and structurally connect the building with the ground. It may appear as a platform or terrace upon which the house stands or as a built extension of the ground integrated with the house above. This element may be masonry, concrete, wood or materials matching trim package. Buildings without a base element may be considered based on design merit. Foundation walls shall be exposed a maximum of 12-inches above the ground. Exposed foundation walls shall be built of brick, cast concrete, trimmed with horizontal members, or as otherwise approved by DRP. Concrete foundations exposed more than 18-inches above grade must have an architectural finish (texture, pattern and/or color). (c) Walls & Facades • All facades of the main building and accessory structures shall be made of similar materials and be similarly detailed. • Primary materials on a facade may change only at a horizontal band or an inside corner. Consideration will be given to changing materials at a visual block such as a fence. Varied building massing is encouraged. No exterior wall plane, unless approved otherwise for design merit, shall exceed 35 feet in length without incorporating a minimum 24-inch offset or recess in a significant proportion to the overall plane. 20 Building walls shall be clad in smooth cut wood shingles, wood clapboard, barn or reclaimed wood, wood drop siding, traditional wood board and batten, fiber cement siding, architectural metal cladding, brick, or stone. Siding shall be painted or stained; pre -finished siding will be considered based on design merit. Alternative materials, including the use of steel, will be considered based on design merit. Stucco, log, vinyl or aluminum siding is not allowed. • The color palette of the body of the house shall be as approved by the DRIP based on merit. Color schemes must be varied from the two adjacent properties, in each direction and from the properties across the street. Attached dwelling units are exempted from each other. Garish colors are not allowed. • Exposed exterior wood shall be painted or stained (wood front doors excluded). Lap siding shall run horizontally. Maximum lap siding exposure is 7-inch. Combinations of lap exposure will be considered on a case -by -case basis. • Trim materials should be of high quality and of appropriate visual size. Exterior trim of at least 4-inches is required around windows and doors. Corner caps are acceptable. Variations on trim width and/or exclusion of trim will be considered based on design merit. • Brick surfaces shall be set predominantly in a horizontal running bond pattern. 21 • Stonework shall be natural or approved synthetic stone materials. Dry stack, un- coursed settings with minimal exposed mortar are preferred. Stonework shall not be applied to individual wall surfaces to avoid a veneer -like appearance. It shall continue around corners to an inside corner. (d) Porches • For yards facing a public street, the front porch of a residential structure must be built within 5 feet of the setback line ("build -to" line). The width of the porch on the build -to line must occupy a minimum of 30% of the width of the front facade measured along the build -to line. As an alternative to the typical front porch and to provide additional design diversity, narrower but deeper porches that have the same square footage may also be considered. A minimum 6 feet of depth is Buildings on lots that address two or more streets must address both streets with fronting characteristics as part of the comprehensive composition. Design considerations should include but not be limited to- wrapping front porches, outdoor rooms, variation in wall planes and massing, additional openings and enhanced landscaping. Percentage requirement only apply to one street. • Porches are also required along woonerfs; however, these porches only have a minimum length or width requirement of 6 feet. The percentage requirement does not apply to porches facing a woonerf. • Front porches generally must be elevated between 2 and 4 feet above fronting top of curb. Other heights may be considered based on -site conditions and foundation design. • Porch railings may be opened or closed. If closed, they must be constructed of the same material as the adjacent wall planes. 22 • Front stoops shall be made of concrete, wood, stone, or brick and must be detailed and integrated into the porch/railing design. Required stair railings must be compatible with the overall stair and porch design. Porch supports shall be built of stone, masonry, concrete, or wood. Column base piers shall be no less than 16 x 16-inch square and wood columns shall be no less than 8-inches square. Column groupings must have an outer minimum dimension of 10-inches. Tapered columns may not be smaller than 7 x 7-inches at the top. Columns shall match or be similar in design on all elevations of a structure. • The balustrade and the space below porches shall be closed and integrated into a closed band and/or landscaped, interrupted as necessary for drainage. • No exposed stair or deck framing is allowed. (e) Outdoor Rooms (required on buildings adjacent to open spaces) • To complement the neighborhood open spaces and courtyards, all lots adjacent to an open space are required to have an "Outdoor Room" facing the open space. This concept is intended to provide a transition from the public green spaces to private indoor spaces. Buildings on lots that address two or more open spaces will only be required to address one open space with an outdoor room. The building, however, will need to address all open spaces. Design considerations should include but not be limited to- wrapping front porches, outdoor rooms, variation in wall planes and massing, additional openings, and enhanced landscaping. 23 • The minimum size requirement for an outdoor room is 80 square feet with a minimum dimension of 8 feet on both sides. • Outdoor Rooms typically include covered porches, screened porches, covered patios, or covered decks with integrated landscaping. Partially covered or uncovered patios or decks that are integrated into the overall design and comprehensive composition of the home and landscaping will be considered on design merit. • Other interpretations of outdoor rooms will be considered based on design merit by the DRP. (f) Decks & Patios • Decks and patios must face only side yards and/or open spaces. Decks and patios may not extend more than 40 percent feet into any required side setback. Setback Deck/Patio Encroachment 5' 2' 7' 2'-9" 10, 4' 12' 4'-9" 24 • The space below first floor elevated decks visible from nearby streets or public spaces shall be architecturally detailed and/or landscaped to provide screening. Decks, balconies, and terraces shall be designed to enhance the overall architecture of the building by creating variety, layering, and detail on exterior elevations. Covered decks, projecting balconies, and bay windows shall be integrated and composed with the overall building form, rather than placed randomly throughout the building. Terraces shall be used to integrate the building and landscape by creating a transition between the built and natural character of the site. (g) Windows & Solar Gain EE • Windows are encouraged meet or exceed Energy Star standards as previously stated. • Openings (including windows and doors) shall not be less than 15% of the wall area, measured on each elevation. Elevation calculations shall include exterior window or door trim. • Windows shall be wood, wood -clad, fiberglass or vinyl. • Round, hexagonal and octagonal windows are not permitted. • Mirrored glass shall not be used. • Buildings shall have all openings trimmed in wood bands of minimum 4-inches nominal width unless approved based on design merit. 25 • Bay window projections shall be proportionate to the overall composition and are encouraged to extend to the ground or be trimmed appropriately. Cantilevered bays must be visually carried by structural brackets or a water table trim band. Only cantilevered bays may encroach into a setback. • False shutters are not permitted. • Canvas awnings are permitted and shall be square cut without side panels. (h) Doors • Exterior doors are encouraged to meet or exceed Energy Star standards as previously stated. • Front doors shall be solid wood or have a wood appearance. Complimenting wood storm/screen doors are encouraged. High quality synthetic alternatives, such as fiberglass Masonite, may be considered based on detailing and proportions. • Traditional sliding glass doors may only be used in yards facing open spaces and side yards. • Garage doors shall be built of wood, steel, or fiberglass. 26 Garage doors shall be de-emphasized in the elevation of the building. If possible, they should be oriented away from the street. If a lot does not have access to an alley or woonerf and garage doors must face a street, the doors shall be made of a complementary and quality material and have detailing contributing to the elevation composition. Steel garage doors are acceptable. • To encourage varied massing, garage door wall planes fronting woonerfs must vary a minimum of 24" from adjacent attached wall planes. • Detached garages and garage doors may front a woonerf if composed with overall site plan and have significant detailing contributing to the street elevation. IN Moir III 11f • Other more contemporary and creative approaches to garage doors will be considered based on design merit. 27 (i) Roofs • Asphalt composition shingles are permitted, but must be at least 30-year architectural grade. • Treated wood shingles are permitted. Metal roof materials are a permitted but must be designed to protect people and property from significant sliding of snow and ice (not applicable to dormers or similar roof forms that do not drip directly to grade). Metal roofs may be corrugated or standing seam only. Unpainted, galvanized, rusted, brown, grey or rust -red - baked -on finish are all appropriate finishes. Garish colors or shiny materials are not appropriate. • Natural or synthetic slate roof materials are permitted. Flat roofs are permitted on all buildings if integrated with the design. Flat roofs used as balconies on street facades may be enclosed with solid railings. Roof plane continuous length dimensions shall not exceed 40' for single family and duplex structures and 100' for multifamily structures without a significant break. Minimum break shall be no less than 20% of the length roof plane and extend up the roof plane no less than 30% of the height of the roof. (j) Skylights • Skylights shall be flat in profile (no bubbles or domes). 28 (k) Roof Mounted Solar Panels • Solar panels area encouraged for all projects. (1) Dormers • Dormer width shall be proportionate to the overall composition. • Shed dormers shall have a pitch of at least 3.12. Hip and gable dormers shall have the same pitch as the main roof volume. (m) Eaves • Overhanging roof eave and gable end depth shall be no less than 24-inches unless approved otherwise based on design merit for a more contemporary style or flat roof. Roof overhang depth on accessory structures must match the main building structure. '41 Fascia detail must have a minimum dimension of 8-inches nominal unless otherwise approved for design merit. Two-piece fascia detailing is required. Wood 29 (including Miratec and similar products as determined by the Design Review Committee) is the only acceptable material. Vinyl or metal fascia material is not permitted. As an alternative, exposed rafter tails and entry accents are encouraged if appropriate for the architectural style. • Soffits shall be wood or metal (including Hardiboard products). Vinyl soffits are not perm itted. • Boxed soffits are allowed when integrated into a suitable architectural style and overall detailing. • Enclosed soffits are acceptable on more contemporary styles. E-- Gutters shall be metal, and of a color and finish that blends with the finish color scheme. Gutters shall be half -round or rectangular and downspouts shall be circular or rectangular. (n) Chimneys / Roof Vents 30 • Chimneys shall be clad in stone, masonry, siding, steel or some other compatible or complementary material. • Chimneys shall be at least 30 x 30-inches. • Prefabricated metal flues shall be concealed within a chimney unless approved otherwise. Chimney caps may extend above the chimney top per building code requirements. • Roof protrusions, other than chimneys, shall be arranged to minimize street exposure. • All roof -mounted equipment shall be integrated into overall design and screened. (o) Lighting • All exterior residential lighting must be dark —sky compliant. 31 All exterior lighting of all lots shall be limited to 800 lumens (12-watt LED bulbs/60- watt incandescent bulbs) and must be full cut-off and shielded bulb of such focus and intensity so as to not cause disturbance of adjacent lots. • Recessed or can lighting is encouraged for porches and main entrances for softer lighting conditions. • The following lighting is prohibited: obtrusive flood lighting, mercury vapor or high- pressure sodium lights, metal halide lights, and clear glass or exposed bulb (non - cutoff) fixtures. • Pathway lighting is permitted. These types of lights may be attached to the home, along walkways near the ground level, or incorporated into fences. Solar powered lighting is strongly encouraged. • Woonerfs will be lighted with the LED Cree Edge Series Pedestrian Pathway lighting or equivalent. Streets will be lighted with the LED KIM Archetype light fixtures or equivalent. (p) Signage • No signs shall be erected on residential properties except to identify the owner and address of the property. • Typical "For Sale" signs shall be allowed during the sale of a lot. • Signage integrated with landscaping may be placed at the main entrances and parks to identify the neighborhood. 6.3 Landscape The proper use of plant materials adds to a sense of permanence and consistency for a neighborhood while also connecting the built and natural environments. Landscape plans submitted with Form B should outline hardscape elements, fencing, and planting areas with species and quantities listed. Each Owner will be required to meet minimum landscape specifications related to two general categories: boulevard plantings and yard plantings. 32 (a) Street / Woonerf Boulevard Plantings • Individual Lot Owners shall be responsible for landscaping the boulevard area directly adjacent to their property at the time of occupancy and for the maintenance of the boulevard area thereafter. • To enhance a public street boulevard where present, 1 tree (minimum 2-inch diameter caliper) shall be planted per 50 feet in the boulevard area. Grass or an approved xeriscape plan must also be installed in the boulevard area directly adjacent to the subject property. • To enhance a woonerf boulevard where present, 1 tree (minimum 2-inch diameter caliper) shall be planted where utility conflicts do not exist as well as provide a composed planting bed that includes a minimum of 3 shrubs, perennial plantings, and a minimum of 2 boulders. • Maximum height of landscaping in required vehicle vision triangles is 30-inches. • It is the responsibility of the Owner to contact the appropriate utility companies before digging. (b) Yard Plantings • All properties are required to landscape yards. Yards facing a street must be sod (fescue blend sod is strongly encouraged). Yards facing open space or side yards may be seeded. Native, drought tolerant grasses and regional plant materials are encouraged. Lawns should be well maintained, so they thrive and therefore, use fewer resources. Regular fertilizing (see below), aeration, and weekly cutting with a sharp blade are all critical to lawn success. Lawns should be maintained at about 4- 33 inches as keeping lawns slightly long ensures the soil remains shaded, thereby using less water. • Mulching, composting, efficient irrigation, harvesting water from roofs, sidewalks, driveways and other impervious surfaces are all encouraged. • "Xeriscaping" or water -conserving, drought -tolerant landscaping is encouraged. A proposal for a Xeriscape landscape plan must be prepared by a landscape professional. United States Environmental Protection Agency (US EPA) has guidelines available at: http://www.epa.gov/. Yards facing a street: At least 1 tree (minimum 2-inch caliper) and 1 appropriately sized planting beds are required for yards facing a public street. Corner lots are considered to have 2 separate yards and therefore require a total of 2 trees (minimum 2-inch caliper) and 1 appropriately sized planting beds • Yards Facing a Woonerf: At least 1 tree and 1 appropriately sized planting bed are required for yards facing a woonerf. • Yards Facing Open Spaces: 34 At least 1 tree (minimum 2-inch diameter caliper) and 1 appropriately sized planting beds are required for any yard facing an open space. • Planting beds must be composed with the site and the building elevations and shall have a top layer of mulch or earth tone stone (non -white). • Maximum height of landscaping in required vehicle vision triangles is 30-inches. • It is the responsibility of the Owner to contact the appropriate utility companies before digging. (c) Vegetation & Solar Gain • Special consideration should be given to areas of sun exposure and shade for the planting of trees and large shrubs. Landscaping should allow southern exposures necessary for a home's solar gain in the winter, or that of the neighbors. (d) Hardscapes • Selection of hardscape materials should favor natural materials such as untreated wood, stone, or stamped concrete, while balancing the desire for durability. Pressure treated lumber and railroad ties, although re -used, should be avoided for their toxicity. (e) Soil Preparation & Drainage • Investment at the soil level provides huge payoff in reduced water and fertilizer use, and plant vigor. Soils should be of the best quality available and improved with imported compost as feasible, especially in lawn areas. In areas where poor soils are unavoidable, homeowners should focus plant selection on species that thrive in such conditions. Runoff from roofs, and hardscapes, and melting snow, should be considered, and should be harvested for landscape use whenever possible. (f) Irrigation Systems & Water Use • Underground irrigation systems can use water efficiently, but they must be designed, installed and operated correctly. They also require regular maintenance. 35 • Plants with similar water usage, sun and shade requirements and zones with spray heads, rotors or drip systems should be grouped together. • Plants should be sufficient in number and density to reduce weed growth. A weed mat also inhibits weed growth. Mulch conserves water and shades soil. Landscapes do not require as much water during shoulder seasons (May, June, September and October) as in July and August. Watering should be reduced in September and October to prepare vegetation for dormancy. Early morning is the best time (4am-9am) to water because watering at night can encourage fungus and disease to grow. Avoid watering between 9am — 7pm. • Water only when your turf requires it. If you leave distinct footprints when you step on it or the grass does not spring back, it is time to water. Applying one inch of water (including rainfall) each time you water once per week is enough to keep your lawn green throughout the summer. Turf grass should be watered using longer run times (15-20 minutes) but less often. This causes the grass roots to grow deeper thereby needing less water and becoming more drought and weed resistant. Frequent watering of turf grass causes the root base to remain shallow causing the grass to brown easily and it will be more susceptible to drought and weeds. • When watering trees and shrubs it is not necessary to water the leaves or the trunk. Instead, place a sufficient number of emitters evenly around the tree or shrub halfway between the trunk and the outer canopy. (g) Fertilizing / Pesticides • In careful consideration of the lakes and streams, homeowners that border open spaces or parks with surface water (lakes, streams, wetlands) will only be permitted to use non -chemical fertilizers / pesticides in required yard setbacks. Organic fertilizers for lawns are readily available, as are corn based weed suppression substitutes. Non -lawn native and drought tolerant plantings typically require no extra fertilizing at all. (h) Weed control • As further specified in the covenants, noxious weeds pose a serious threat to the environment, and property owners should familiarize themselves with, and control them, on their property. Chemical solutions should be balanced with the threat level of the individual species and the possibility for non -chemical alternative treatments. Under no circumstance should noxious weeds be allowed to flourish or go past the flowering stage and into the seed stage. Weed control is required on both developed and vacant lots and will be enforced in accordance with the Covenants. (i) Vegetation Removal 36 No landscaping in the right-of-way, parks, open spaces and common areas may be removed without prior permission from the DRP. 6.4 Variances from Neighborhood Patterns The DRP encourages unique and creative design that respects thee spirit and intent of the Declaration and Design Manual. Except as otherwise set forth in Chapter 3, the DRP may, upon application, grant a variance from the Design Manual, based on design merit. The Board of Directors shall have the power to make the final decision on whether to approve, conditionally approve, or deny a variance, without any liability being incurred or damages being assessed due to any decision of the Board of Directors. Chapter : Amendments Amendments to Design Manual may only be made as set forth in the Declaration. Any amendments to the Design Manual will be posted on Starling website. A submittal shall be processed consistent with the Design Manual in effect 30 days prior to DRP receipt of a complete Form A submittal. No improvements that were constructed and approved in accordance with the Design Manual shall be required to be changed because such standards are thereafter amended. Chapter : Definitions The words and terms used in this document shall have their customary dictionary definitions unless otherwise specifically defined within the Declaration or this Design Manual. 37 Exhibit 1 Starling, Phases 1, 2 & 3 Legal Description To be determined. 38 Appendix A ARTICLE 8 - PUD1 — STARLING PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT Phases 1, 2, & 3 Sec. 1 - Intent and purpose. A. The intent and purpose of Starling Planned Unit Development (PUD) Residential Zoning District is to set forth certain standards for development within the PUD that vary from the Unified Development Code (UDC) typical residential zoning districts. Other relaxations from the UDC are detailed in the PUD application and are related to Starling design. This District applies to all lots within Starling. Future changes to the R-1 zone in UDC do not impact the subject properties. 1. The intent of Starling residential density district is to provide for a variety of small lots for lower intensity single, two and three household residential development and related uses (including accessory dwelling units) within the city at urban densities in a master planned area and to provide for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character. 2. In exchange for relaxations, strict design standards have been established in The Starling Project Design Manual which is administered by Starling Design Review Panel. Many of these standards are more stringent than the requirements of the UDC. Sec. 2 - Authorized uses. A. Uses are depicted in the table below. Appendix C in the Design Manual designates which lots are allowed which uses. Principal uses are indicated with a "P", conditional uses are indicated with a "C", accessory uses are indicated with an "A" and uses which are not permitted with the district are indicated by a "". "C" uses require a Conditional Use Permit from the City of Kalispell but must receive approval from Starling Design Review Panel prior to submitting any applications to the City. B. Note that additional uses for telecommunication uses are contained in the UDC. C. The uses listed are deliberately broad and some are given special definitions in the UDC. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in the UDC. 39 Table of Residential Uses for Starling PUD Accessory dwelling units' Community centers Day care centers Family day care home Type of Use P (only on specifically designated lots 17, 20, 21, 24, 32, 29, 28, 25, 33, 36, 37, 40) C C P A A C Fences Greenhouses Group day care home Group livingz I P Guesthouses A Home -based businesses3 A/C Other buildings and structures typically accessory to A Private garages A Private or jointly owned recreational facilities A A P P A A P P (only on specifically designated lots 17, 20, 21, 24, 32, 29, 28, 25, 33, 36, 37, 40) P (only on specifically designated lots 17, 20, 21, 24, 32, 29, 28, 25, 33, 36, 37, 40) P (Phase 1 and Phase 3) A Private stormwater control facilities Public and private parks and park improvements Single -household dwelling Temporary buildings and yards incidental to Temporary sales and office buildings Three -household dwelling Two -household dwelling "Limited Two Household/Duplex115 Townhouses (two or three attached townhomes) Tool sheds for storage of domestic supplies Uses approved as part of Starling PUD Notes: P ' Only one ADU per designated lot in Appendix C; one separated off-street parking space required for the second unit; occupancy may not exceed two persons or one bedroom; living area limited to 600 SF. 2 Group living is subject to the requirements of the UDC. 3 Home -based businesses are subject to the terms and thresholds of the UDC. 4 Manufactured homes are subject to the standards of the UDC and must adhere to the architectural standards established by Starling Design Manual. .X I "Limited Two Household/Duplexes" (similar to attached ADLIs) are allowed on designated lots in Appendix C; one separated off-street parking space is required for the second unit; occupancy may not exceed three persons or two bedrooms; living area is limited to one-third of the total square footage of the main residence. Sec. 3 - Lot coverage and floor area. A. Maximum lot coverage by principal and accessory buildings shall be: 1. Not more than 50 percent of the lot area B. There are no FAR (floor area ratio) requirements for Phases 1, 2 & 3. Sec. 4 - Lot area and width. A. All lots shall have a minimum area as set forth in the table below and are cumulative. These minimums assume a lack of development constraints. Table of Minimum Lot Areas for Starling PUD Single -household dwelling Two -household dwelling (including "limited two-household/duplex") Lot area per townhouse (including duplex townhomes and triplex townhomes) A , r Additional area required for a detached accessory dwelling unit All other uses T Minimum Lot Area (SF) 3,500 5,000 2,500 (1,200 for interior unit) none 5,000 B. All lots shall have a minimum width as set forth in the table below. These minimums assume a lack of development constraints. Table of Minimum Lot Widths for Starling PUD Minimum Lot Width Single -household dwelling 40 Two -household dwelling 40 Accessory dwelling unit none Townhouses 14 Sec. 5 - Yards. A. Minimum yards required are: 1. Any yard facing a street or alley: 15 feet; 20 feet for garage doors 2. Any yard facing open space: 10 feet 41 3. Any side yard: 5 feet; or zero feet for interior walls of townhouses (includes side yards adjacent to open spaces) B. Yard Encroachments: 1. Decks and patios must face only side yards and/or open spaces. Decks and patios may not extend more than 40 percent feet into any required side setback. 2. Porches may encroach up to 5 feet into a 15' yard setback facing a street or 15' yard facing a Woonerf only if all four of the following conditions are met: i. The encroaching porch must have a length equal to or greater than on one- third the length of the building facade or 12 feet, whichever is greater. The remaining portion may be occupied by an integrated facade as defined in this Design Manual: ii. The encroaching porch must have a minimum depth of six (6) feet; iii. Second or subsequent stories are not allowed to encroach into the 15-foot street or Woonerf facing yard; and iv. No stairs are permitted beyond the 10-foot setback. Side Setback Deck/Patio Encroachment 5' 2' 7' 2'-9" 12' 4'-9" Sec. 6 - Building height. Maximum building height for each residential district shall be as follows: Table of Heights for The Starling Project I Height (in feet) Less than 3:12 34 3:12 or greater but less than 6:12 38 6:12 or greater but less than 9:12 42 Equal to or greater than 9:12 44 Sec. 7 - Residential garages. 42 A. Attached residential garages facing a street shall not obscure the entrance to the dwelling. Attached garages are required to be clearly subordinate to the dwelling. A subordinate garage has two or more of the following characteristics: 1. The principal facade of the dwelling is emphasized with architectural features such as, but not limited to, porches, fenestration treatment, architectural details, height, orientation or gables, so that the non -garage portion of the residence is visually dom inant; 2. The facade with the garage vehicle entrance is recessed at least four feet behind the facade of the dwelling containing the main entry; and/or 3. The area of the garage vehicle door comprises 30 percent or less of the total square footage, exclusive of any exposed roof areas, of the principal facade of the dwelling. Principal facade shall include all wall areas parallel to the garage door. B. Residential garages facing a woonerf are not required to meet the above criteria. Sec. 8 — Parking A. Parking requirements in terms of the number and size of spaces are the same as the most current version of the Kalispell City Code. B. Where a woonerf or alley serves lots, access to garages and off-street parking shall be off the woonerf. In cases where a woonerf is not adjacent to a lot, accesses to garages are permitted to be off the street. C. Driveways are encouraged to be shared wherever possible to minimize street cuts and maximize on -street parking options. D. All "required" parking spaces must meet the minimum dimensions established in the Kalispell City Code. E. Parking spaces shall not block sidewalks, woonerfs, driveways, accesses, pedestrian facilities or snow removal/plowing. F. The developer will provide parking spaces along the woonerf in several designated locations. Driveways must be located outside of these parking areas. Sec. 9 - Minimum density. A. New residential development shall provide a minimum net density of five dwellings per net acre. A minimum is required to support efficiency in use of land and provision of municipal services, and to advance the purposes and goals of this chapter and the City's adopted growth policy. Density may be achieved by averaging lot sizes over the entire Starling PUD area. For example, one phase or area may be less than five units per net acre while another may be greater than five units per net acre if as the average is at least five units per net acre. 43 Sec. 10 — Architectural, Additional Site and Landscape Requirements A. Starling Design Manual includes additional site, architectural and landscape requirements that are all subject to review and approval by Starling Design Review Panel. Appendix B: Design Review Panel Applications Form A - Sketch Design Review Application Form B - Construction Design Review Application Form C - Changes Application Form D - Inspection Application 44 Sketch Design Review Application Property Information: Street Address: Lot Block Owner Information: Name: Mailing Address: Telephone: Email: Architect Information: Name: Mailing Address: Telephone: Email: Builder Information: Name: Mailing Address: Telephone: Email: Phase Landscape Designer Information: Name: Mailing Address: Telephone: Email: FAX: ly_�:i FAX: FAX: Starling FORM A 45 Information: 1. Are any variances from Starling Design Manual being requested under this application? .�WYm O No If yes, please describe the variance: 2. Items submitted (please check): O Review Fee O Site Plan O Floor Plans O Roof Plan O Elevations 46 O Landscape Plan O Digital copy (PDF) of all of the above 47 Acknowledgement Statement: The Lot Owner acknowledges that he/she has received, read and will abide by the Design Manual for Starling. As stated in the both the Covenants and Design Manual, violations will be remedied by the Starling Homeowners' Association whereupon the Lot Owner will be responsible for the cost of the remedy. (We) am/are the owner(s) of record of Lot , Block Phase of Starling. I/We have read these requirements and understand their implications. Furthermore, I (we) have been given sufficient opportunity to discuss any questions we may have regarding these requirements with a member of Starling Design Review Panel. My (Our) signature(s) below is/are evidence of my/our intent to comply with these requirements. Owner Signature: Printed Name: Applicant Signature: Printed Name: Date: Date: Starling Construction Design Review Application Property Information: Street Address: Lot Block Owner Information: Name: Mailing Address: Telephone: Email: Architect Information: Name: Mailing Address: Telephone: Email: Builder Information: Name: Mailing Address: Telephone: Email: Phase Landscape Designer Information: Name: Mailing Address: Telephone: Email: FAX: ly_�:i FAX: FAX: Starling FORM B 49 Starling 50 Information: 1. Are any variances from Starling Design Manual being requested under this application? .�WYm O No If yes, please describe the variance: 2. Items submitted (please check): O Site/Grading Plan O Floor Plans O Roof Plan O Elevations & Sections O Samples & Cut Sheets O Rendered Elevation O Landscape Plan O Digital copy (PDF) of all of the above Signature: Printed Name: Date: 51 Starling 52 Changes Application Property Information: Street Address: Lot Block Owner Information: Name: Mailing Address: Telephone: Email: Architect Information: Name: Mailing Address: Telephone: Email: Builder Information: Name: Mailing Address: Telephone: Email: Phase Landscape Designer Information: Name: Mailing Address: Telephone: Email: FAX: FAX: FAX: ly_�:i Starling FORM C 53 54 Information: 1. Has the requested change or modification already been constructed? O Yes O No If yes, please explain: 2. Change Description and reason for change: (Attach specific drawings of proposed change) 3. Items submitted (please check): O Review Fee O Plans/Elevation O Details/ Samples O Digital copy (PDF) of all of the above Signature: Printed Name: Date: 55 Starling 56 Inspection Application Property Information: Street Address: Lot Block Owner Information: Name: Mailing Address: Telephone: Email: Architect Information: Name: Mailing Address: Telephone: Email: Builder Information: Name: Mailing Address: Telephone: Email: Phase Landscape Designer Information: Name: Mailing Address: Telephone: Email: FAX: FAX: FAX: y_VAv Starling FORM D 57 58 Certification: I do hereby certify that the contracted structure on said lot conforms to the codes and the construction documents as approved by Starling Design Review Panel. All site work, landscaping, cleaning, removal of temporary utilities, and repair of damage to rights -of -way and/or common areas have been implemented. Signature: Printed Name: For DRP use only: Date of inspection: Date: O Approved as noted in letter O Denied as noted in letter DRP Signature: If denied, subsequent inspection date: O Approved as noted in letter O Denied as noted in letter DRP Signature: Starling 59 Appendix C: Phases 1, 2 & 3 Required Building Envelope Exhibits To be determined. 60 By: snry vrvwG me. Preliminary Plffi of: k.°"r:Tp STARLING PHASES 1-3 aP..14 m'r s000J (ao5) lss-basl L--din El/L S-.35. T. N, R12W� P.M,M, Fladhead Coontyy MOBtwa JOB NO: Total Area: 20.840 Ae. Lots (68): 9.507 Ao. Roads: 6.810 Ao. - o CommouArea. 4.523 Ao. a ao.—..� a� � °^ J i � ' t � .�,A.�� , n.u..x. ru+xcno couxrr. uoxrnxn, .wn xoree nnresreUureav oesev�aev _ 3 oy: : AID