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Staff Report - Riverside North PUDKALisPEii, 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-23-02 — Riverside North (Silverbrook) Planned Unit Development Amendment Second Reading MEETING DATE: November 20, 2023 BACKGROUND: Silvermont Properties, LLLP, has submitted a proposal for Riverside North, which includes applications for an amended Planned Unit Development ("PUD") overlay and major preliminary plat on approximately 80.97 acres of land. The subject property was included as part of the 2006 Silverbrook Estates PUD (a 325-acre development with R-2 (Residential), R-4 (Residential), RA-1 (Residential Apartment) and B-1 (Neighborhood Business) underlying zoning) and had previously received preliminary plat approval as Silverbrook Phase 2D. The subject property is part of the area of the overall PUD that is zoned R-2. The updated development plan includes 97 lots (95 single family lots, with a storage unit lot for residents and a fire station/public works facility lot to be dedicated to the City), roads, park and common area. The property is located at 250 Church Drive and can legally be described as shown on Exhibit A, attached hereto and hereby incorporated by reference. The Kalispell City Council, at their meeting on November 6, 2023, approved both the preliminary plat and the first reading of Ordinance 1914 relating to the PUD amendment on a 7-2 vote. RECOMMENDATION: PLANNED UNIT DEVELOPMENT: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1915, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by applying an amended Planned Unit Development Zoning overlay subject to 40 conditions to certain real property described as shown on Exhibit A, attached hereto and hereby incorporated by reference, in accordance with the Kalispell Growth Policy Plan- It 2035, and provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1915 October 10, 2023, Kalispell Planning Board Minutes Staff Report Application Materials & Maps EXHIBIT A Riverside North Legal Description (9-1-23) (TRACTS WEST OF SILVERBROOK DRIVE) A PORTION OF TRACT 3, TRACT 4 AND TRACT 5 OF CORRECTION CERTIFICATE OF SURVEY 15896, ON FILE AND OF RECORD IN FLATHEAD COUNTY MONTANA, LOCATED IN SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 3, SAID POINT ALSO BEING ON THE NORTH LINE OF SAID SECTION 13; THENCE N 89°20'59" E, ALONG THE NORTH LINE OF SAID SECTION 13, 1143.73 FEET TO A POINT THAT IS THE INTERSECTION OF THE NORTHERLY EXTENTION OF THE WEST RIGHT -OF- WAY LINE OF SILVERBROOK DRIVE (100.00 FOOT WIDE CITY ROAD) AND THE NORTH LINE OF SAID SECTION 13; THENCE S 0039'27" E, 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF CHURCH DRIVE (60.00 FOOT WIDE COUNTY ROAD); THENCE ALONG THE WESTERLY RIGHT-OF- WAY LINE OF SILVERBROOK DRIVE (100.00 WIDE CITY ROAD) THE FOLLOWING SEVEN (7) COURSES: 1) S 0039'27" E, 288.77 FEET TO A POINT ON A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 950.00 FEET; 2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 01' 41 ", AN ARC DISTANCE OF 166.27 FEET; 3) S 9022' 14" W, 177.68 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1550.00 FEET; 4) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 38' 24", AN ARC DISTANCE OF 910.05 FEET; 5) S 24016' 10" E, 51.72 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1050.00 FEET; 6) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 150 12' 21", AN ARC DISTANCE OF 278.66 FEET; 7) S 39028'31" E, 400.65 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST MONTURE RIDGE (80.00 FOOT WIDE CITY ROAD) AND THE NORTH PERIMETER BOUNDARY LINE OF THE PLAT OF SILVERBROOK ESTATES PHASE 1, ON FILE AND OF RECORD IN FLATHEAD COUNTY MONTANA; THENCE ALONG THE NORTHWESTERLY PERIMETER BOUNDARY LINES OF SAID PLAT OF SILVERBROOK ESTATES PHASE 1 THE FOLLOWING FIFTEEN (15) COURSES: 1) S 50021'41" W, 19.63 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 235.00 FEET; 2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53' IT 40", AN ARC DISTANCE OF 218.59 FEET; 3) N 87004'00" E, 10.00 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 225.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S 87004'00" W; 4) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31° 26' 50", AN ARC DISTANCE OF 123.49 FEET; 5) S 45016'40" W, 122.83 FEET; 6) N 41053'41" W, 82.19 FEET; 7) N 60026'31" W, 44.76 FEET 8) S 56053'45" W, 175.46 FEET; 9) S 77021' 15" W, 120.81 FEET; 10) S 44002'25" W, 112.77 FEET; 11) S 29027'55" W, 60.44 FEET; 12) S 41 °3 5' 43" W, 61.51 FEET; 13) S 55045'55" W, 127.86 FEET; 14) S 53019'49" W, 130.13 FEET; 15) S 69023'46" W, 414.00 FEET TO A POINT ON THE WEST LINE OF TRACT 5 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896, AND THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK; THENCE CONTINUING NORTHERLY ALONG THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK AND THE WESTERLY BOUNDARY LINES OF TRACT 5 AND TRACT 4 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896 THE FOLLOWING TWENTY THREE (23) COURSES: 1) N 05007'36" E, 88.69 FEET; 2) N 02019'39" W, 110.88 FEET; 3) N 14005'56" W, 58.18 FEET; 4) N 25023'25" W, 63.30 FEET; 5) N 34006'26" W, 119.59 FEET; 6) N 34006'26" W, 25.63 FEET; 7) N 65014'58" W, 100.31 FEET; 8) N 81023'52" W, 91.63 FEET; 9) N 78042' 13" W, 95.30 FEET; 10) N 83019'33" W, 17.20 FEET; 11) N 76004'41" W, 166.47 FEET; 12) N 55007'45" W, 84.04 FEET; 13) N 10013'37" W, 90.96 FEET; 14) N 27059'56" E, 221.77 FEET; 15) N 3 203 5'18" E, 239.72 FEET; 16) N 13025'40" E, 66.52 FEET; 17) N 31018'36" E, 109.02 FEET; 18) N 43023'07" E, 116.23 FEET; 19) N 27044'06" E, 65.43 FEET; 20) N 20027' 12" W, 75.56 FEET; 21) N 37005'08" W, 39.66 FEET; 22) N 47027'20" W, 95.41 FEET; 23) N 77041' 19" W, 165.74 FEET; THENCE LEAVING THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK AND CONTINUING NORTHERLY ALONG THE NORTHWESTERLY BOUNDARY LINES OF TRACT 4 AND THE WEST BOUNDARLY LINE OF TRACT 3 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896 THE FOLLOWING THREE (3) COURSES: 1) N 0004'26" W, 24.47 FEET; 2) N 54°37'00" E, 203.36 FEET; 3) N 01°49' 13" W, 1320.68 FEET TO THE POINT OF BEGINNING, CONTAINING 80.97 ACRES, MORE OR LESS. Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1915 AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT TO THE SILVERBROOK ESTATES PLANNED UNIT DEVELOPMENT ENACTED BY ORDINANCE NO. 1597 AND AMENDED BY ORDINANCE NOS. 1785 AND 1813. WHEREAS, the Kalispell City Council by Ordinance No. 1597 approved the Silverbrook Estates Planned Unit Development on December 18, 2006; and WHEREAS, the Kalispell City Council by Ordinance No. 1785 approved an amendment to the Silverbrook Estates Planned Unit Development on March 6, 2017, and by Ordinance No. 1813 on September 17, 2018; and WHEREAS, Silvermont Properties, LLLP, one of the owners of a portion of Silverbrook Estates, has requested an amendment to the R-2/PUD overlay on approximately 80.97 acres of the 325 acre development; and WHEREAS, the property is currently zoned R-2/PUD, Residential, is located at 250 Church Drive and can more particularly be described as a portion of Tract 3, Tract 4 and Tract 5 of Correction Certificate of Survey 15896, on file and on record in Flathead County, Montana, located in Section 13, Township 29 North, Range 22 West, PMM, Flathead County, Montana, and as further described on Exhibit A, attached hereto and incorporated by reference herein; and WHEREAS, based upon the application submitted and all evidence provided to the City Council in writing and orally at public hearing, it is in the best interests of the City of Kalispell that the Silverbrook Estates Planned Unit Development be amended as set forth below. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the amendment to the Silverbrook Estates Planned Unit Development is hereby approved subject to the following conditions: The conditions of the Silverbrook Estates Planned Unit Development shall apply except as modified herein. 2. The Planned Unit Development for Silverbrook (Riverside North) is amended to allow the following deviations from the Zoning Regulations: (a) Rear setback: Sec 27.05.040(3) — The minimum rear setback is the R-2 is 20 feet. The approved deviation is for a 15-foot setback. The reduced setback would not apply to those lots requiring a 30-foot rear yard setback due to proximity to the river and drainages or those lots requiring a minimum 20-foot setback from modified slopes. (b) Use: Sec. 27.05.040(1) — Storage units are not an allowable use in the R-2 zone, which is primarily residential. The approved deviation would allow for storage units on a lot in the northwest corner of the subdivision subject to the following conditions: (i) The storage units would be solely for the use of Silverbrook (including Riverside North) residents; (ii) It shall meet design requirements for mini - storage facilities as outlined in Section 27.34.090 of the zoning ordinance; and (iii) It shall include a screening/buffering plan to be reviewed and approved by the City of Kalispell Development Services Department. 3. The Planned Unit Development for Silverbrook (Riverside North) allows the following deviations from the Kalispell Subdivision Regulations: (a) Streets and Roads — Design Standards: Sec 28.3.14 — The requested deviations will be reviewed during design review by Public Works under the Standards for Design and Construction. 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. 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. 6. 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. 7. The preliminary plat approval shall be valid for a period of three years from the date of approval. 8. Additional study and analysis of the subdivision shall be conducted by the applicant through an update to the Geotechnical report either confirming the recommendations or expanding them, if necessary, subject to review and approval by the City of Kalispell. The updated report may result in changed lot dimensions or the loss of lots in order to comply with the recommendations. Subject to the updated report, the following conditions are included as continuing conditions of approval from the existing PUD which apply to this preliminary plat: (a) The rear property boundaries of Lots 489-493 and 511-513 shall be amended to provide a minimum distance of 170 feet from the bank of the Stillwater River to the rear property boundary. (b) The rear property boundaries of Lots 480-488 shall be amended to provide for a minimum distance of 50-feet from the top of the bank along the drainage to the rear property boundary. The contour line designating the top of bank shall be determined by City staff and the developer's consultants. (c) A 30-foot rear yard setback shall be required for all structures on lots adjacent to the Stillwater River Hillside and its tributaries. This would include Lots 480-493 and 511-513. (d) A note shall be shown on the face of the final plat identifying those lots closest to the crest of the reshaped slope and require a minimum 20-foot building setback from the crest of any reshaped slope that was or will be modified pursuant to Geotechnical or slope stability studies and updates. 9. 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. 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. In regard to the water service, (a) water services for Lots 515 and 542 shall be from Fox Forest Loop; and (b) curved water mains shall not be permitted. 14. 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. 15. The sanitary sewer plans necessitate a lift station to serve the subdivision. The sewer facility plan includes a regional lift station in this location, and the proposed lift station shall be sized as provided in the plan. The lift station will be required to be on a utility lot to be dedicated to the City. 16. An analysis of downstream lift stations will be required, and the developer will be responsible for any necessary upgrades. 17. Sewer mains connecting to the lift station shall extend up to Church Drive and east -west within Church Drive. The applicant will be required to extend sewer service to the western property line of the subdivision within Church Drive for future connections and extensions pursuant to the subdivision regulations (Sec 28.3.21) and other city policies. 18. Curved sewer mains are not permitted under the Standards for Design and Construction. 19. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction. 20. Church Drive is designated as a minor arterial and Silverbrook Drive as a minor collector in the Transportation Plan. Both frontages shall be upgraded, if necessary, to those standards in accordance with the Standards for Design and Construction. Any improvements would be required on the frontage of a given phase as development occurs. In order to meet the design standard, additional right-of-way may be required to be dedicated to the City along Church Drive in addition to dedication of any interest the developer may have in the right-of-way. 21. Lots 553 — 563 and the park shall not have direct access to Silverbrook Drive and shall be accessed from interior roads built with the subdivision. A note to that effect shall be included on the final plat. 22. Internal to the subdivision, streets will be designed to the local street standard under the Standards for Design and Construction. The Standards require that streets intersect at 90 degrees and the layout for the intersection of Bear Wood Way and Fox Forest Loop shall be adjusted to meet the requirement. 23. Due to the phasing of the subdivision, a second access is required as part of the first phase under Section 28.3.13 of the subdivision regulations. The plat provides for that second access with a temporary road through Stormwater Tract 1. Once a second access is provided with later phases, the temporary access would no longer be required. 24. Under city standards, the developer shall maintain or improve the level of service at any impacted intersections. The developer shall implement any mitigation that would be necessary to meet that standard based on the Traffic Impact Study ("TIS") after acceptance of the TIS findings by the third -parry review and the Public Works Department. 25. As part of Phase 1, the developer shall dedicate the 2.5-acre lot to the City of Kalispell to provide a location for a future fire station/public works facility. 26. 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. 27. 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. 28. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat of Phase 1. 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 or 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 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/property owner's association shall be formed. The association should include provisions for the maintenance of all common areas in recorded covenants including, but not limited to, storm drainage facilities, open space, park areas, and clubhouses. As part of the storm drainage facilities, the association will be required to mow the area to reduce fire hazard and reduce spread of noxious weeds. 34. 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. 35. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note stating that "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which specifically benefit this subdivision." 36. A 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. 37. A note shall be placed on the final plat stating that owners waive their right to protest a Special Improvement District for maintenance of common areas. A district shall only be activated in the event that the homeowner's association defaults on their common area maintenance obligations. The taxes levied within the special improvement district shall be determined by the appropriate city department with approvals by the Kalispell City Council. 38. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 39. All utilities shall be installed underground. 40. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. SECTION 2. 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 20TH DAY OF NOVEMBER, 2023. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT A Riverside North Legal Description (9-1-23) (TRACTS WEST OF SILVERBROOK DRIVE) A PORTION OF TRACT 3, TRACT 4 AND TRACT 5 OF CORRECTION CERTIFICATE OF SURVEY 15896, ON FILE AND OF RECORD IN FLATHEAD COUNTY MONTANA, LOCATED IN SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 3, SAID POINT ALSO BEING ON THE NORTH LINE OF SAID SECTION 13; THENCE N 89°20' 59" E, ALONG THE NORTH LINE OF SAID SECTION 13, 1143.73 FEET TO A POINT THAT IS THE INTERSECTION OF THE NORTHERLY EXTENSION OF THE WEST RIGHT -OF- WAY LINE OF SILVERBROOK DRIVE (100.00 FOOT WIDE CITY ROAD) AND THE NORTH LINE OF SAID SECTION 13; THENCE S 0°39'27" E, 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF CHURCH DRIVE (60.00 FOOT WIDE COUNTY ROAD); THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SILVERBROOK DRIVE (100.00 WIDE CITY ROAD) THE FOLLOWING SEVEN (7) COURSES: 1) S 0°39'27" E, 288.77 FEET TO A POINT ON A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 950.00 FEET; 2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10' 0 F 41 ", AN ARC DISTANCE OF 166.27 FEET; 3) S 9°22' 14" W, 177.68 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1550.00 FEET; 4) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 38' 24", AN ARC DISTANCE OF 910.05 FEET; 5) S 24° 16' 10" E, 51.72 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1050.00 FEET; 6) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 12' 21", AN ARC DISTANCE OF 278.66 FEET; 7) S 39°28'31" E, 400.65 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST MONTURE RIDGE (80.00 FOOT WIDE CITY ROAD) AND THE NORTH PERIMETER BOUNDARY LINE OF THE PLAT OF SILVERBROOK ESTATES PHASE 1, ON FILE AND OF RECORD IN FLATHEAD COUNTY MONTANA; THENCE ALONG THE NORTHWESTERLY PERIMETER BOUNDARY LINES OF SAID PLAT OF SILVERBROOK ESTATES PHASE 1 THE FOLLOWING FIFTEEN (15) COURSES: 1) S 50°21'41" W, 19.63 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 235.00 FEET; 2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53° 17' 40", AN ARC DISTANCE OF 218.59 FEET; 3) N 87004'00" E, 10.00 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 225.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S 87004'00" W; 4) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31' 26' 50", AN ARC DISTANCE OF 123.49 FEET; 5) S 45016'40" W, 122.83 FEET; 6) N 41053'41" W, 82.19 FEET; 7) N 60026'31" W, 44.76 FEET 8) S 56053'45" W, 175.46 FEET; 9) S 77021' 15" W, 120.81 FEET; 10) S 44002'25" W, 112.77 FEET; 11) S 29027'55" W, 60.44 FEET; 12) S 41035'43" W, 61.51 FEET; 13) S 55045'55" W, 127.86 FEET; 14) S 53019'49" W, 130.13 FEET; 15) S 69023'46" W, 414.00 FEET TO A POINT ON THE WEST LINE OF TRACT 5 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896, AND THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK; THENCE CONTINUING NORTHERLY ALONG THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK AND THE WESTERLY BOUNDARY LINES OF TRACT 5 AND TRACT 4 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896 THE FOLLOWING TWENTY THREE (23) COURSES: 1) N 05007'36" E, 88.69 FEET; 2) N 02019'39" W, 110.88 FEET; 3) N 14005'56" W, 58.18 FEET; 4) N 25023'25" W, 63.30 FEET; 5) N 34006'26" W, 119.59 FEET; 6) N 34006'26" W, 25.63 FEET; 7) N 65014'58" W, 100.31 FEET; 8) N 81°23'52" W, 91.63 FEET; 9) N 78042' 13" W, 95.30 FEET; 10) N 83019'33" W, 17.20 FEET; 11) N 76004'41" W, 166.47 FEET; 12) N 55007'45" W, 84.04 FEET; 13) N 10013'37" W, 90.96 FEET; 14) N 27059'56" E, 221.77 FEET; 15) N 32035' 18" E, 239.72 FEET; 16) N 13025'40" E, 66.52 FEET; 17) N 31 ° 18' 36" E, 109.02 FEET; 18) N 43023'07" E, 116.23 FEET; 19) N 27044'06" E, 65.43 FEET; 20) N 20027' 12" W, 75.56 FEET; 21) N 37005'08" W, 39.66 FEET; 22) N 47027'20" W, 95.41 FEET; 23) N 7704I' 19" W, 165.74 FEET; THENCE LEAVING THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK AND CONTINUING NORTHERLY ALONG THE NORTHWESTERLY BOUNDARY LINES OF TRACT 4 AND THE WEST BOUNDARY LINE OF TRACT 3 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896 THE FOLLOWING THREE (3) COURSES: 1) N 0004'26" W, 24.47 FEET; 2) N 54037'00" E, 203.36 FEET; 3) N O1049'13" W, 1320.68 FEET TO THE POINT OF BEGINNING, CONTAINING 80.97 ACRES, MORE OR LESS. KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING October 10, 2023 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning Commission CALL was called to order at 6:00 p.m. Board members present were Chad Graham, Joshua Borgardt, Pip Burke, Rory Young, and Tim Stocklin. Kevin Aurich and Doug Kauffman were absent. Jarod Nygren and PJ Sorensen represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works Department. APPROVAL OF MINUTES Young moved and Burke seconded a motion to approve the minutes of the September 12, 2023, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. PRO HOUSING GRANT The Kalispell Planning Board will hold a public hearing to receive public testimony regarding its intent to submit a U.S. Department of Housing and Urban Development Pathways to Removing Obstacles to Housing (PRO Housing) grant. All interested persons will be given the opportunity to ask questions and to express their opinions regarding the proposed grant application. Jarod Nygren representing the Kalispell Planning Department gave a brief summary of the grant application. PUBLIC COMMENT None KCU-23-05 — IMMANUEL A request from Immanuel Lutheran Communities for a conditional use permit to LUTHERAN LOFTS CUP allow the expansion of an existing residential care facility on property located at 185 Crestline Avenue. The expansion, called the ILC Lofts, will include 40 new assisted living apartment units in a four-story addition along with a fitness area and parking on the first level. The addition will be located in the northwest portion of the property along Claremont Street. A conditional use permit is required due to the property's location in an H-I (Health Care) zone. Planning Board President Chad Graham went on record to advise the board that this item has been postponed to a later date. KPUD-23-02 & KPP-23-08 — A request from Silvermont Properties, LLLP, for Riverside North, which includes RIVERSIDE NORTH applications for an amended Planned Unit Development ("PUD") overlay and major preliminary plat on approximately 80.97 acres of land. The property was included as part of the 2006 Silverbrook PUD (a 325-acre development with R-2 (Residential), R-4 (Residential), and B-I (Neighborhood Business) underlying zoning) and had previously received preliminary plat approval as Silverbrook Phase 2D. The subject property is part of the area of the overall PUD that is zoned R-2. The updated development plan includes 97 lots (95 single family lots, with a storage unit lot for residents and a fire station/public works facility lot to be dedicated to the City), roads, park and common area. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KPUD-23-02 & KPP-23-08. Kalispell City Planning Board Minutes of the meeting of October 10, 2023 Pagel Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPUD-23-02 & KPP-23-08 as findings of fact and recommend to the Kalispell City Council that the PUD and preliminary plat be approved subject to the conditions listed on the staff report. BOARD DISCUSSION The board discussed school district boundaries between Whitefish schools and School District 5 as well as the proposed storage facility. PUBLIC COMMENT Ben Rankin — 431 1st Ave W — WGM Group — advised existing Geotech report from 2006 is being updated and the existing TIS is being reviewed. Offered to answer any questions. MOTION — KPUD-23-02 Burke moved and Borgardt seconded that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPUD-23-02 as findings of fact and recommend to the Kalispell City Council that the PUD be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Burke mentioned it might be nice to see the storage units dispersed throughout as opposed to being located all in one area. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPP-23-08 Young moved and Burke seconded that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-23-08 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the conditions listed on the staff report. BOARD DISCUSSION None ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Rory Young recused himself from KPP-23-10; he is a representative for the applicant. KPP-23-10 — KNTC PHASE 6&7 A request from Stillwater Corporation for major preliminary plat approval for Kalispell North Town Center Phases 6 and 7, a 23-lot commercial subdivision located in a B-2 (General Business) zone within the Kalispell North Town Center Planned Unit Development overlay (previously known as The Glacier Town Center PUD). Overall, Kalispell North Town Center is 485.5 acres and includes four zoning designations of R 3 (single-family residential), R-4 (two-family residential), B-1 (neighborhood business), and B-2 (general business). These phases contains 72.6 acres in lots, roads and common area. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed amended Staff Report # KPP-23-08. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt amended staff report #KPP-23-10 as findings of fact and recommend to the Kalispell City Council preliminary plat be approved subject to the conditions listed on the amended staff report. BOARD DISCUSSION The board discussed shared access. Kalispell City Planning Board Minutes of the meeting of October 10, 2023 Page12 PUBLIC COMMENT Toby McIntosh — 2250 Hwy 93 South — Jackola — representative for applicant offered to answer any questions. MOTION — KPP-23-10 Burke moved and Borgardt seconded that the Kalispell City Planning Board and Zoning Commission adopt amended staff report AKPP-23-10 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the conditions listed on the amended staff report. BOARD DISCUSSION The board discussed traffic, futures signal lights and new TIS requirements. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Sorensen updated the board on the October 10, 2023 agenda items. NEW BUSINESS Sorensen updated the board on the upcoming November 14, 2023 Planning Board Meeting. ADJOURNMENT The meeting adjourned at approximately 6:42 PM. Chad Graham President APPROVED as submitted/amended: Kan* Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of October 10, 2023 Page13 RIVERSIDE NORTH (SILVERBROOK) PUD PLANNED UNIT DEVELOMENT AMENDMENT - STAFF REPORT #KPUD-23-02 MAJOR PRELIMINARY PLAT - STAFF REPORT #KPP-23-08 KALISPELL PLANNING DEPARTMENT OCTOBER 10, 2023 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from Silvermont Properties, LLLP, for a Planned Unit Development (PUD) amendment and major preliminary plat on 80.97-acres. A public hearing has been scheduled before the Planning Board for October 10, 2023, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION This report regards a request from Silvermont Properties, LLLP, for Riverside North, which includes applications for an amended Planned Unit Development ("PUD") overlay and major preliminary plat on approximately 80.97 acres of land. The subject property was included as part of the 2006 Silverbrook Estates PUD (a 325-acre development with R-2 (Residential), R-4 (Residential), RA-1 (Residential Apartment) and B-1 (Neighborhood Business) underlying zoning) and had previously received preliminary plat approval as Silverbrook Phase 2D. The subject property is part of the area of the overall PUD that is zoned R-2. The updated development plan includes 97 lots (95 single family lots, with a storage unit lot for residents and a fire station/public works facility lot to be dedicated to the City), roads, park and common area. A: Applicant: Silvermont Properties, LLLP 315 Parkway Dr Kalispell, MT 59901 B: Location: The property is located at 250 Church Drive and can be described as a Portion of Tract 3, Tract 4, and Tract 5 of Correction Certificate of Survey 15896, on file and of record 1 in Flathead County, Montana, located in Section 13, Township 29 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana. A full metes -and -bounds description is included in the application materials and hereby incorporated by reference. C: Existing Land Use and Zoning: The subject property is currently vacant, although it is part of a larger development that includes single-family, multi -family, and commercial components. This specific area is currently zoned R-2/PUD. The R-2 zone is "a district intended to provide adequate lot areas for lower density residential development; should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. This development will normally require all public utilities. This zoning district would typically be found in areas designated as suburban residential on the Kalispell Growth Policy Future Land Use Map." KalispellKALISPELL - .- North _ ��1 I D. Size: The subject property is approximately 80.97 acres. E: Adjacent Zoning: North: AG-40 East: City R-2/PUD South: City R-2/PUD West: West Valley F: Adjacent Land Uses: North: Undeveloped/agricultural East: Undeveloped/single-family South: Single-family West: Undeveloped/agricultural G: General Land Use Character: The subject property is at the northwest corner of Silverbrook Estates, which is a mixed -use PUD approved in 2006. Other portions of the PUD have developed with a mix of single-family residential, multi -family residential, and commercial uses. It is at the northern end of the city limits along Church Drive, with recently approved development within the city to the north of Church Drive adjacent to the junior interchange at Highway 93 North. County development in the area includes commercial along a portion of the highway along with a mix of single-family subdivisions, agricultural uses, and open space associated with the Stillwater River that forms part of the western boundary of the proposed subdivision. KalispellPolicy RiversideKALISPELL . ,.. . �i�l"l�l D- ■I,l_j �.I. f _y_ 11 il■-■li� ■ i =i+� �M�q-'� Suburb n ►� �,!!�►! Residedial !�!!� I�ir ut� ■■ ■���i� iI �_: ,,. 0 iFeet H: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential, which is consistent with the existing zoning. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services including sewer, water and streets are in the vicinity and available to the subject property. L• Availability of Public Services and Extension of Services: Water and sewer service are available in the vicinity, and extensions will be necessary to serve the subdivision that would be completed by the developer. There are existing streets running along the eastern and northern boundaries of the subdivision, with extensions through the subdivision to be completed by the developer. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District #5 (Edgerton/Glacier High School) School District #44 (Whitefish) Fire: City of Kalispell Police: City of Kalispell 3 o WATEF MA14 J'*— I. Zone Change Evaluation Based on Statutory Criteria The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2- 304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned city R-2 with a PUD overlay. The underlying zoning of the property would remain R-2 with the PUD overlay being changed to reflect certain adjustments from the original approval in layout and the addition of storage units to serve the development. The original approval had 113 single-family lots and the new proposal reduces that total to 95. 1. Does the requested zone comply with the growth policy? The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential, which is consistent with the existing zoning. 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. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? 4 The zoning designation itself will have little impact on the transportation systems and the change in the PUD represents a reduction in the number of units being served. The applicant included a Traffic Impact Study ("TIS") as part of the subdivision application. The proposed development will be reviewed as part of the subdivision review for its specific effect on transportation systems. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police, fire protection, water and sewer service are currently available to the area. 4. Will the requested zone promote the public health, safety and general welfare? As with safety from fire and other dangers, the general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses when the property is developed. In this case, the requested zoning classification, 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 part of a larger development at the southwest corner of a junior interchange with Highway 93 North. That development has a mix of single-family and multi -family residential along with commercial uses. Other mixed -use projects have been approved in the immediate vicinity as well. It is expected that additional development will occur in the general area 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? 5 The proposed zoning districts are consistent with the development trends of the area. They also give due consideration of the suitability of this property for the allowed uses in the zoning district, such as proximity of city services. 9. Will the proposed zone conserve the value of buildings? The value of the buildings in the area will be conserved because the zones will promote compatible and like uses on this property as are likely to develop on other properties in the area. Future development in the area will be reviewed for compliance with the dimensional standards and design review criteria to ensure its appropriateness for the area and compatibility with the surrounding neighborhoods as they develop. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale development should be encouraged in areas where services and facilities are available. In this case, water mains and sanitary sewer are both available to the site. 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 subject property was included as part of the 2006 Silverbrook Estates PUD (a 325-acre development with R-2 (Residential), R-4 (Residential), RA-1 (Residential Apartment) and B-1 (Neighborhood Business) underlying zoning). This portion of the overall PUD is part of the area zoned R-2 and had previously received preliminary plat approval as Silverbrook Phase 2D. The original approval had 113 single-family lots and a fire station pad. The new proposal reduces that total to 95 single family lots while maintaining the fire station pad with a public works facility area. The primary change is the addition of storage units for the residents and some adjustments in the layout. 10 Original PUD Plan Revised PUD Plan for Riverside North --_: IXFORIMnOM ;r �Fy WGMGROUP � err 1 '� -- ruFnx�unow `MMM�iii+x' 4. Q �r r i� _ A cr w ❑ J 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 Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential, which is consistent with the existing zoning. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services including sewer, water and streets are in the vicinity and available to the subject property. The Suburban Residential designation allows for densities up to 4 units per acre. The proposed density is consistent with the overall PUD and this component meets the standard separately as well. The Kalispell Growth Policy Plan -It 2035 also includes the following policies: Chapter 4, Land Use Housing (9): On larger tracts of land, creative design and a mix of housing types is encouraged within the overall density requirements to create more dynamic neighborhoods, to provide more open space, and to protect sensitive resource areas. Chapter 4, Land Use Housing (14): A variety of housing types and compatible land uses are encouraged in residential areas and should be designed to fit scale and character of the neighborhood. Where necessary, developers should utilize the Planned Unit Development (PUD) process to craft development proposals that are both innovative and creative, while maintaining the integrity and values of the community. The requested PUD can be found to comply with the Suburban Residential designation and related 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. As an existing PUD, there are deviations which would continue from the prior approval. In particular as it would relate to this area of the PUD, there were deviations related to block lengths and setbacks from the Stillwater River and banks of related drainages. In regard to block length, a deviation allowed: A. Kalispell Subdivision Regulations, Section 3.07, B (Blocks) to allow blocks to exceed the 1,200 foot maximum length. In regard to the river and drainage setbacks, prior approvals provided: *The rear property boundaries of lots 574-579 of Block 53 shall be amended to provide a minimum distance of 170 feet from the bank of the Stillwater River to the rear property boundary. (Now Lots 489-493 and 511-513). *The rear property boundaries of lots 569-572 of Block 53, lots 561-568 of Block 52 and lot 409 of Block 34 shall be amended to provide for a minimum distance of 50-feet from the top of the bank along the drainage to the rear property boundary. The contour line designating the top of bank shall be determined by City staff and the developer's consultants. (Now Lots 480-488). *A 30-foot rear yard setback shall be required for all structures on lots adjacent to the Stillwater River Hillside and its tributaries. This would include lots 574-579 of Block 53, lots 569-572 of Block 53, lots 561-568 of Block 52 and lot 409 of Block 34. (Now Lots 480-493 and 511-513). In addition to the continuation of those conditions (note that the lot and block numbers would be updated due to the updated preliminary plat), the following deviations were requested. It should be noted that the request for a reduction in lot width for certain lots is not necessary due to the zoning ordinance providing for alternative width calculations for irregular shaped lots such as those on cul-de-sacs. (1) Rear setback: Sec 27.05.040(3) — The minimum rear setback is the R-2 is 20 feet. The requested deviation is for a 15-foot setback. The reduced setback is intended to allow for a better design through certain lot layouts that are constricted with curvilinear roadways and for more creativity in custom built homes. The reduced setback would not apply to those lots requiring a 30-foot rear yard setback due to proximity to the river and drainages or those lots requiring a 20 foot setback from modified slopes. Subject to the foregoing, this deviation request is appropriate. (2) Use: Sec. 27.05.040(1) — Storage units are not an allowable use in the R-2 zone, which is primarily residential. The proposed deviation would allow for storage units on a lot in the northwest corner of the subdivision that is currently used as a maintenance lot. The storage units would be solely for the use of Silverbrook (including Riverside North) residents. The intent of the units would be to allow for higher densities through the PUD as a whole and to minimize clutter in driveways and the street where RVs, boats, trailers and other items would otherwise be stored. It would need to meet design requirements for mini -storage facilities as outlined in Section 27.34.090 of the zoning ordinance, which are required for all such facilities in the city. Given its location in a residential area, it is important that the facility be appropriately screened and a condition of approval should include a screening/buffering plan to be reviewed and approved by the City of Kalispell Development Services Department. Subject to those conditions, the requested 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 9 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; As noted above, there are continuing conditions from the existing PUD approval. The block length deviation would apply to this phase. In addition, there were two minor design variations from standard street designs. (1) Streets and Roads — Design Standards: Sec 28.3.14 — The subdivision regulations generally provide that streets shall be designed in accordance with the Standards for Design and Construction. Those standards allow for design deviations during design review. There were two design elements proposed which would fall under the design review deviations reviewed by Public Works. One is the oblong islands in the cul-de- sacs and the other is an increased sidewalk width in certain areas to provide a multi- use path. Both elements appear to be appropriate, but specifics would be reviewed by Public Works during design review. It is not a deviation per se since a process is provided under the Standards for Design and Construction. 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 overall layout of the development as a whole includes a cohesive mix of single-family residential, multi -family residential, and smaller scale commercial uses. This amendment to the PUD maintains the mix of uses and basic overall design while incorporating new design elements. The PUD provides a network of trails and recreational amenities, including parks and a clubhouse, which this new phase will contribute to. An important aspect of buffering includes fencing types along the roadways. Mis-matched fences detract from good visual design. Along Church Drive and Silverbrook Drive, there should be a consistency of design that allows for both the privacy of the residents as well as consistent aesthetics. The applicant shows proposed fencing along those areas. A condition should be attached which requires any fencing along those frontages to be installed by the developer. The fencing plan should be submitted to the Development Services Department for review and approval and should include a consistent, aesthetically pleasing design. Similarly, the stormwater facilities and any fencing around the stormwater ponds should include an elevated design. Given their visible locations, they should be designed in a way that it becomes a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture should not be allowed without mitigation. The developer should work closely with the Parks Department and Public Works to come up with a design that is both visually appealing and meets required safety guidelines. It is intended that when the project is 10 developed the ponds will act as features, particularly along the roadways, rather than a private maintenance utility facility. E. The nature and extent of the common open space in the planned development project, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; The plan includes common open space and park areas as well as an existing clubhouse that is part of a prior phase. This new phase will add to that by including a pool, changing rooms, a playground, picnic tables, multi -use courts, and other amenities. As proposed, these common elements provide a significant amenity for the residents. It is important that provisions be made in the covenants providing for maintenance of the common elements of the development. Covenants will need to be submitted prior to final plat. Additionally, the city requires a note on the final plat indicating a waiver of the right to protest creation of a park maintenance district to cover a situation where a homeowners' association is not maintaining those common elements. F. The manner in which said plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light or air, recreation and visual enjoyment; Public service facilities and infrastructure are adequate for the development of this site. Any new improvements to the property such as internal roads, storm water retention and water/sewer 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 applicant will extend water service through the property from existing mains within the overall PUD. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision. There is adequate capacity within the city's water system to accommodate this subdivision. Sewer: Sanitary sewer to the subdivision will be provided by the City of Kalispell. The applicant will connect to existing mains within the overall PUD. The connection will require a lift station to serve the property. The sanitary sewer facility plan shows a regional lift station in this location, and it should be sized as provided in the plan. Additionally, an analysis of downstream lift stations will be required, and the developer will be responsible for any necessary upgrades. The sewer system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision. There is adequate capacity within the city's sewer system to accommodate this subdivision. Solid Waste: Solid waste collection can be provided throughout the development by the City of Kalispell. There is adequate capacity for collection and disposal to accommodate this development. 11 Access and Roads: Other than the fire station/public works facility and the storage area, both of which are accessed off of Church Drive, the proposed subdivision would have two access points onto Silverbrook Drive. Silverbrook Drive is the main north -south road through Silverbrook and intersects with Church Drive on the north and Highway 93 North on the south. Control over vehicular traffic: A Traffic Impact Study ("TIS") is required for the development and a TIS from 2018 has been submitted related to the development of Stillwater Commons, which is the multi -family development to the east of this subdivision. That TIS included impacts from this proposed subdivision in its findings. Third -party review of the TIS is pending. Under city standards, the developer shall maintain or improve the level of service at any impacted intersections. A condition of approval should require any mitigation to be implemented that would be necessary to meet that standard based on the TIS after acceptance of the TIS findings by the third -party review and the Public Works Department. Storm Water: Roadways will be paved and curb/gutter will channel runoff to designed low points, where storm water will be collected and routed to storm water ponds. Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction and storm water management program. Final design will be approved by 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 both School District 95 (Edgerton/Glacier High) in the southern half and School District 944 (Whitefish) in the northern half. On average, it would be anticipated that there would be about 48 students from the neighborhood at full build -out divided between the two districts. Section 76-3-608(l) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this development. Additionally, the road network to the subdivision provides adequate access for fire protection. As part of subdivision review, fire protection, including fire flow and hydrant location, will be reviewed. Fire station 62 is located approximately 3.25 miles away from this phase, providing adequate response time, although the response time ideally should be improved as development continues to push into the northwestern corner of the overall development. The original PUD approval and the phase 2 preliminary plat both included findings which are again made with this report: "As development occurs north of the existing city limits of Kalispell the fire department continues to plan for new fire station locations to serve future residents of the city. The proposed subdivision would be located approximately 2.5 miles north of fire station number 62 located near the intersection of Highway 93 and Reserve Loop Drive. Phase I will sit 12 at the northern edge of our current fire service area. As development continues northward the fire department has looked at potential future fire station sites. To help aid the fire department in its ability to locate a future fire station north of the existing city limits, the owners are proposing to dedicate a 2.5-acre fire station/well site to serve the future residents in the area." The inclusion of a fire station pad and public works facility was critical to the original approval for development of the overall PUD given the distance north from the primary service area for the city. Provision of the pad will allow the city to construct a fire station that will reduce response times to this development and the inclusion of a public works component will allow the city to more quickly and efficiently provide road maintenance to the development, particularly during the winter. G. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established; The subject property is at the northwest corner of Silverbrook, which is a mixed -use PUD approved in 2006. Other portions of the PUD have developed with a mix of single-family residential, multi -family residential, and commercial uses. It is at the northern end of the city limits along Church Drive, with recently approved development within the city to the north of Church Drive adjacent to the junior interchange at Highway 93 North. County development in the area includes commercial along a portion of the highway along with a mix of single-family subdivisions, agricultural uses, and open space associated with the Stillwater River that forms part of the western boundary of the proposed subdivision. It is expected that additional development will occur in the vicinity with different projects at various stages of planning which would offer similar types of mixed use, and this project would fit within that overall trend. 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; ------ rAV PHASE 3 MGMUo — PHASE 2� g _ — �7 VW There are three phases of the development as shown in the submitted plans. It is anticipated that Phase I would include 43 lots, Phase 2 would include 37 lots, and Phase 3 would include 15 lots. The fire station/public works facility should be included with the first phase. 13 I. Conformity with all applicable provisions of this chapter. Section 27.19.030(2)(a)(4) of the zoning ordinance allows for Residential Mixed -Use PUDs in R-2, R-4, RA-1 and B-1 zones with a minimum of 5 developable acres, with the commercial component not to exceed 35% of the developable area. Density in the R-2 area where the proposal is located should not exceed four dwelling units per acre. The proposal meets those requirements. No other specific deviations from the Kalispell Zoning Ordinance or Subdivision Regulations can be identified based upon the information submitted with the application other than those addressed in this report. IL REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT Preliminary Plat Page 1 (north half) PR£LfM1AWARY - OF RIVERSIDE NORTH a svaaasnu rMJrvi u vc ,ti'E nw aJe, nrro'ruf Sw �/e V S mo- aA. FUMFAb MWrTr. aMM \'\4 a _7 _T Y i m l _ ■a ■, f WGMGROUP ® ga xm. =x. L: Rn TX0.�iaeiin'.�' =�.,.o.. ■Y ....�.a I YBASIS OF BEARINGS . V�cINRr MAP OWNEMUEDIVIDER LEGEND PHASE 1 AREAS 11 ST�fETS T- N,+ LPHASE2AREAS wHASE3AREAS RIPARLUd CONSERVAMON AREA TOTAL AREA — PRELIMINARY 14 Preliminary Plat page 2 (south half) PRF11MllNRY PWT - RfV€RSID€ NORTH n sve /4. M) .o^nrFn ur s, Aam w �Je P° FCr2w �A M129 22 — — — — — _---_--___---- 41 XI - a" WGP GROUP ® L11 �TT Hi..era A. Effects on Health and Safety: LEGEND �! PREUMINABY em® +Mn 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. Access for initial phases may include a temporary access road through the stormwater utility lot in the southeast comer of the subdivision. 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. In addition, the fire station pad in the northern portion of the development will greatly improve response times. 3' 3,000 Ariz. x Flooding: The property includes an area adjacent to an undelineated Zone A (100- year floodplain without an established base flood elevation) per the Flood Insurance Rate Map (panel number 30029C 1415J, effective date November 41 2015). The area is below the river bank and not part of the area being developed. It is part of common area shown as "riparian conservation area" on the preliminary plat. 15 Access: Other than the fire station/public works facility and the storage area, both of which are accessed off of Church Drive, the proposed subdivision would have two access points onto Silverbrook Drive. Silverbrook Drive is the main north -south road through Silverbrook and intersects with Church Drive on the north and Highway 93 North on the south. Geology: The overall site is generally flat without significant topography or slopes in areas where development is proposed to occur. There are areas, however, specifically along the river and drainage banks, that are areas of concern. The original development included a Geotechnical report in 2007 which was also relied upon during the preliminary plat approval for phase 2 in 2015 (this subdivision plat was originally part of phase 2). Over most of the property, there were no significant issues which would preclude development subject to the construction recommendations contained in the report, which should be followed. The 2015 staff report stated: The Stillwater River makes up just over half of the western boundary of phase 2. The high banks of the Stillwater River are prone to sloughing and slides. The sloughing or slides typically occur during wet cycles or in times of significant surface water events. Water soaks or trickles down through the soil until it hits an impervious clay layer. This layer then becomes super saturated and slides occur. Historically, in the Stillwater and Whitefish River drainages, portions of road bed, stream banks and house foundations have been severely damaged by these events. The safest precaution is to maintain the high banks in their natural vegetation, versus irrigated lawns, and require building and rear lot setbacks. Several site inspections have been conducted onsite to assess the sloughing. During these inspections it was noted that hillside sloughing had occurred in the area of lots 575 to 583 (ed. note: now Lots 490-493 and 511-513) as shown on the preliminary plat of phase 2. The owner and his consultants were aware of this issue and hired CMG Engineering, Inc. who conducted a geotechnical investigation. The geotechnical investigation included, among other things, a slope stability assessment. The slope stability assessment states that the slopes along the western property boundary are a safety concern in their current condition and will likely fail during a design level earthquake. CMG recommended the slopes be graded to provide for an acceptable factor of safety against sliding during high groundwater conditions and the design level earthquake. They further recommend a building setback of 20 feet from the crest of the reshaped slope. The introduction and background discussion included with the phase 2 application notes that the recommended grading for the unstable slopes along the Stillwater River has been completed. Planning staff is recommending a condition be included requiring an engineer's approval of 16 the reshaped slopes for stability purposes in accordance with CMG Engineering's slope stability assessment. In addition, a note should be required on the preliminary plat identifying those lots closest to the crest of the reshaped slope and requiring a minimum 20 foot building setback as recommended by the slope stability assessment. The slope stability assessment also noted the steeper slopes along the drainage that extends from the Stillwater River east towards the center of the subdivision. The slope stability assessment mentions a recommended 50 foot property line setback from the crest of the slope for water quality and wildlife habitat protection. The assessment states that, "In our opinion, a set -back distance of 50 feet is more than adequate for the slopes in the vicinity of the drainage that extends to the center of the site..." This setback would be adjacent to lots 561 to 573 in phase 2D and lots 408 and 409 in phase 2C (ed. note: now Lots 480-488). Additionally, the 2016 preliminary plat approval included a 30-foot rear yard setback for all structures adjacent to the Stillwater River hillside and its tributaries based on slope stability concerns as well as potential impacts to those water sources as supported by comments from Montana Fish, Wildlife, and Parks at the time recommending a 200-foot setback from the riverbank. Additional study and analysis of this area should be conducted by the applicant through an update to the Geotechnical report either confirming the recommendations or expanding them if necessary, subject to review and approval by the City of Kalispell. The updated report may result in changed lot dimensions or the loss of lots in order to comply with the recommendations. Subject to the updated report, the following conditions are included as continuing conditions of approval from the existing PUD which apply to this preliminary plat. These conditions address wetland and watercourse setbacks in lieu of provisions in current general regulations based upon a specific analysis of this area: *The rear property boundaries of lots 574-579 of Block 53 shall be amended to provide a minimum distance of 170 feet from the bank of the Stillwater River to the rear property boundary. (Now Lots 489-493 and 511-513). *The rear property boundaries of lots 569-572 of Block 53, lots 561-568 of Block 52 and lot 409 of Block 34 shall be amended to provide for a minimum distance of 50-feet from the top of the bank along the drainage to the rear property boundary. The contour line designating the top of bank shall be determined by City staff and the developer's consultants. (Now Lots 480-488). *A 30-foot rear yard setback shall be required for all structures on lots adjacent to the Stillwater River Hillside and its tributaries. This would include lots 574-579 of Block 53, lots 569-572 of Block 53, lots 561-568 of Block 52 and lot 409 of Block 34. (Now Lots 480-493 and 511-513). 17 * A note shall be shown on the face of the final plat identifying those lots closest to the crest of the reshaped slope and require a minimum 20-foot building setback from the crest of the reshaped slope. B. Effects on Wildlife and Wildlife Habitat: Additionally, storm water generated by the development will the river and drainage. The property borders the Stillwater River and includes a drainage with wetlands along the southern portion of the proposed subdivision. Actual development activities and lots will be located away from both the river and the drainage, which would help minimize any impact. be treated before it enters 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. In addition, the subject property includes portions that are at the edge of winter range that extends to the northwest. The area does not appear to include significant habitat for other species. 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. The environmental review submitted by the applicant states that groundwater was encountered at various depths throughout the property. The 2007 Geotech report found groundwater at depths from 7 - 35 feet. Subsequent testing near lots closest to the ponds, which are the lowest lots being platted, showed a depth of eight feet, which is similar to depths found during construction of utility mains in the vicinity in 2020. 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 Parks and Public Works Departments. Storm water runoff from the site 18 shall be managed and constructed per the City of Kalispell Standards for Design and Construction and storm water management program. Lots must meet minimum setbacks from ponds to property lines and building foundations. 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 or parcels. As part of the drainage 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 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 applicant will extend water service through the property from existing mains within the overall PUD. 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. Public Works commented that (a) water services for Lots 515 and 542 shall be from Fox Forest Loop; and (b) curved water mains shall not be permitted. 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: Sanitary sewer to the subdivision will be provided by the City of Kalispell and the developer will connect to existing mains within the overall PUD. The connection will require a lift station to serve the property. The sanitary sewer facility plan shows a regional lift station in this location, and it should be sized as provided in the plan. The lift station will be required to be on a utility lot to be dedicated to the City. Additionally, an analysis of downstream lift stations will be required, and the developer will be responsible for any necessary upgrades. Sewer mains connecting to the lift station shall extend up to Church Drive and east -west within Church Drive. The applicant will be required to extend sewer service to the western property line of the subdivision within Church Drive for future connections and extensions pursuant to the subdivision regulations (Sec 28.3.21) and other city policies. It should be noted that curved sewer mains are not permitted under the Standards for Design and Construction. The sewer system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision. There is adequate capacity within the city's sewer system to accommodate this subdivision. 19 Access and Roads: Other than the fire station/public works facility and the storage area, both of which are accessed off of Church Drive, the proposed subdivision would have two access points onto Silverbrook Drive. Silverbrook Drive is the main north -south road through Silverbrook and intersects with Church Drive on the north and Highway 93 North on the south. Church Drive is designated as a minor arterial and Silverbrook Drive as a minor collector in the Transportation Plan. Both frontages should be upgraded, if necessary, to those standards in accordance with the Standards for Design and Construction. Any improvements would be required on the frontage of the given phase as development occurs. In order to meet the design standard, additional right-of-way may be required to be dedicated to the City along Church Drive in addition to dedication of any interest the developer may have in the right-of-way. As a collector, direct access onto Silverbrook Drive is not permitted under the subdivision regulations and Standards for Design and Construction. As such, Lots 553 — 563 and the park shall not have access to Silverbrook Drive and shall be accessed from interior roads built with the subdivision, and a note to that effect shall be included on the final plat. Internal to the subdivision, streets will be designed to the local street standard under the Standards for Design and Construction. As noted in the deviations for the PUD, there are some design deviations related to the cul-de-sacs and sidewalks that will be addressed as deviations under the Standards for Design and Construction. The Standards do require that streets should intersect at 90 degrees and the layout for the intersection of Bear Wood Way and Fox Forest Loop will need to be adjusted to meet the requirement. Due to the phasing of the subdivision, a second access is required as part of the first phase under Section 28.3.13 of the subdivision regulations. The plat provides for that second access with a temporary road through Stormwater Tract 1. Once a second access is provided with later phases, the temporary access would no longer be required. The submitted plans also include a connection to the property to the west. A Traffic Impact Study ("TIS") is required for the development and a TIS from 2018 has been submitted related to the development of Stillwater Commons, which is the multi- family development to the east of this subdivision. That TIS included impacts from this proposed subdivision in its findings. Third -party review of the TIS is pending. Under city standards, the developer shall maintain or improve the level of service at any impacted intersections. A condition of approval should require any mitigation to be implemented that would be necessary to meet that standard based on the TIS after acceptance of the TIS findings by the third -parry review and the Public Works Department. Schools: The property is within the boundaries of both School District #5 (Edgerton/Glacier High) in the southern half and School District #44 (Whitefish) in the northern half. On average, it would be anticipated that there would be about 48 students from the neighborhood at full build -out divided between the two districts. Section 76-3- 608(1) of the Montana Code Annotated states that the governing body may not deny 20 approval of a proposed subdivision based solely on the subdivision's impacts on educational services. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this development. Additionally, the road network to the subdivision provides adequate access for fire protection. As part of subdivision review, fire protection, including fire flow and hydrant location, will be reviewed. Fire station 62 is located approximately 3.25 miles away from this phase, providing adequate response time, although the response time ideally should be improved as development continues to push into the northwestern corner of the overall development. The original PUD approval and the phase 2 preliminary plat both included findings which are again made with this report: "As development occurs north of the existing city limits of Kalispell the fire department continues to plan for new fire station locations to serve future residents of the city. The proposed subdivision would be located approximately 2.5 miles north of fire station number 62 located near the intersection of Highway 93 and Reserve Loop Drive. Phase I will sit at the northern edge of our current fire service area. As development continues northward the fire department has looked at potential future fire station sites. To help aid the fire department in its ability to locate a future fire station north of the existing city limits, the owners are proposing to dedicate a 2.5-acre fire station/well site to serve the future residents in the area." The inclusion of a fire station pad and public works facility was critical to the original approval for development of the overall PUD given the distance north from the primary service area for the city. Provision of the pad will allow the city to construct a fire station that will reduce response times to this development and the inclusion of a public works component will allow the city to more quickly and efficiently provide road maintenance to the development, particularly during the winter. Parks and Recreation: Subdivision regulations require a minimum of .03 acres of parkland per single-family unit, or 2.85 acres. The plan includes common open space and park areas as well as an existing clubhouse that is part of a prior phase. This new phase will add to that by including a pool, changing rooms, a playground, picnic tables, multi -use courts, and other amenities. As proposed, these common elements provide a significant amenity for the residents. It is important that provisions be made in the covenants providing for maintenance of the common elements of the development. Covenants will need to be submitted prior to final plat. Also, 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 facilities. Therefore, staff recommends that a note 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 21 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 collection can be provided throughout the development by the City of Kalispell. There is adequate capacity for collection and disposal to accommodate this development. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is approximately 4.5 miles from the site. E. Effects on Agriculture and agricultural water user facilities: Historically, the site has been used for agricultural uses, primarily growing wheat and alfalfa. According to the Kalispell Growth Policy Resources and Analysis Section, "Important Farmlands" map, the project may include some farmland classification of "prime farmland when 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 city limits. By allowing higher density development within the city's growth policy area, it can reasonably be expected that more farmland could be conserved because the availability of residential and commercial lots within the Kalispell Growth Policy boundary, limiting sprawl/leapfrog development. F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential, which is consistent with the existing zoning. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential developments that provides housing for all sectors and income levels within the community. City services including sewer, water and streets are in the vicinity and available to the subject property. The Suburban Residential designation allows for densities up to 4 units per acre. The proposed density is consistent with the overall PUD and this component meets the standard separately as well. The Kalispell Growth Policy Plan -It 2035 also includes the following policies: Chapter 4, Land Use — Housing (9): On larger tracts of land, creative design and a mix of housing types is encouraged within the overall density requirements to create more 22 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. The requested subdivision can be found to comply with the Suburban Residential designation and related sections of the Kalispell Growth Policy Plan -It 2035. G. Compliance with Zoning: The request is in compliance with the R-2 zoning regulations, provided deviation requests are granted. H. Compliance with the Kalispell Subdivision Regulations: This request complies with the provisions of the Kalispell Subdivision Regulations, provided the deviations requests are granted. RECOMMENDATIONS (1) Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-23-02 as findings of fact and recommend to the Kalispell City Council that the Amended PUD for Silverbrook (Riverside North) be approved subject to the conditions listed below: (2) Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-23-08 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Riverside North be approved subject to the conditions listed below: CONDITIONS OF APPROVAL 1. The conditions of the Silverbrook Estates Planned Unit Development shall apply except as modified herein. 2. The Planned Unit Development for Silverbrook (Riverside North) is amended to allow the following deviations from the Zoning Regulations: (a) Rear setback: Sec 27.05.040(3) — The minimum rear setback is the R-2 is 20 feet. The approved deviation is for a 15-foot setback. The reduced setback would not apply to 23 those lots requiring a 30-foot rear yard setback due to proximity to the river and drainages or those lots requiring a minimum 20-foot setback from modified slopes. (b) Use: Sec. 27.05.040(1) — Storage units are not an allowable use in the R-2 zone, which is primarily residential. The approved deviation would allow for storage units on a lot in the northwest corner of the subdivision subject to the following conditions: (i) The storage units would be solely for the use of Silverbrook (including Riverside North) residents; (ii) It shall meet design requirements for mini -storage facilities as outlined in Section 27.34.090 of the zoning ordinance; and (iii) It shall include a screening/buffering plan to be reviewed and approved by the City of Kalispell Development Services Department 3. The Planned Unit Development for Silverbrook (Riverside North) allows the following deviations from the Kalispell Subdivision Regulations: (a) Streets and Roads — Design Standards: Sec 28.3.14 — The requested deviations will be reviewed during design review by Public Works under the Standards for Design and Construction. 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. 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. 6. 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. 7. The preliminary plat approval shall be valid for a period of three years from the date of approval. 8. Additional study and analysis of the subdivision shall be conducted by the applicant through an update to the Geotechnical report either confirming the recommendations or expanding them, if necessary, subject to review and approval by the City of Kalispell. The updated report may result in changed lot dimensions or the loss of lots in order to comply with the recommendations. Subject to the updated report, the following conditions are included as continuing conditions of approval from the existing PUD which apply to this preliminary plat: (a) The rear property boundaries of Lots 489-493 and 511-513 shall be amended to provide a minimum distance of 170 feet from the bank of the Stillwater River to the rear property boundary. 24 (b) The rear property boundaries of Lots 480-488 shall be amended to provide for a minimum distance of 50-feet from the top of the bank along the drainage to the rear property boundary. The contour line designating the top of bank shall be determined by City staff and the developer's consultants. (c) A 30-foot rear yard setback shall be required for all structures on lots adjacent to the Stillwater River Hillside and its tributaries. This would include Lots 480-493 and 511- 513. (d) A note shall be shown on the face of the final plat identifying those lots closest to the crest of the reshaped slope and require a minimum 20-foot building setback from the crest of any reshaped slope that was or will be modified pursuant to Geotechnical or slope stability studies and updates. 9. 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. 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. In regard to the water service, (a) water services for Lots 515 and 542 shall be from Fox Forest Loop; and (b) curved water mains shall not be permitted. 14. 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. 25 15. The sanitary sewer plans necessitate a lift station to serve the subdivision. The sewer facility plan includes a regional lift station in this location, and the proposed lift station shall be sized as provided in the plan. The lift station will be required to be on a utility lot to be dedicated to the City. 16. An analysis of downstream lift stations will be required, and the developer will be responsible for any necessary upgrades. 17. Sewer mains connecting to the lift station shall extend up to Church Drive and east -west within Church Drive. The applicant will be required to extend sewer service to the western property line of the subdivision within Church Drive for future connections and extensions pursuant to the subdivision regulations (Sec 28.3.21) and other city policies. 18. Curved sewer mains are not permitted under the Standards for Design and Construction. 19. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction. 20. Church Drive is designated as a minor arterial and Silverbrook Drive as a minor collector in the Transportation Plan. Both frontages shall be upgraded, if necessary, to those standards in accordance with the Standards for Design and Construction. Any improvements would be required on the frontage of a given phase as development occurs. In order to meet the design standard, additional right-of-way may be required to be dedicated to the City along Church Drive in addition to dedication of any interest the developer may have in the right-of-way. 21. Lots 553 — 563 and the park shall not have direct access to Silverbrook Drive and shall be accessed from interior roads built with the subdivision. A note to that effect shall be included on the final plat. 22. Internal to the subdivision, streets will be designed to the local street standard under the Standards for Design and Construction. The Standards require that streets intersect at 90 degrees and the layout for the intersection of Bear Wood Way and Fox Forest Loop shall be adjusted to meet the requirement. 23. Due to the phasing of the subdivision, a second access is required as part of the first phase under Section 28.3.13 of the subdivision regulations. The plat provides for that second access with a temporary road through Stormwater Tract 1. Once a second access is provided with later phases, the temporary access would no longer be required. 24. Under city standards, the developer shall maintain or improve the level of service at any impacted intersections. The developer shall implement any mitigation that would be necessary to meet that standard based on the Traffic Impact Study ("TIS") after acceptance of the TIS findings by the third -parry review and the Public Works Department. 26 25. As part of Phase 1, the developer shall dedicate the 2.5-acre lot to the City of Kalispell to provide a location for a future fire station/public works facility. 26. 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. 27. 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. 28. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat of Phase 1. 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 or 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 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/property owner's association shall be formed. The association should include provisions for the maintenance of all common areas in recorded covenants including, but not limited to, storm drainage facilities, open space, park areas, and clubhouses. As part of the storm drainage facilities, the association will be required to mow the area to reduce fire hazard and reduce spread of noxious weeds. 27 34. 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. 35. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note stating that "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which specifically benefit this subdivision." 36. A 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. 37. A note shall be placed on the final plat stating that owners waive their right to protest a Special Improvement District for maintenance of common areas. A district shall only be activated in the event that the homeowner's association defaults on their common area maintenance obligations. The taxes levied within the special improvement district shall be determined by the appropriate city department with approvals by the Kalispell City Council. 38. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 39. All utilities shall be installed underground. 40. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 28 Development Services Department 201 1st Avenue East Kalispell, MT 59901 AILI[SPEILIL hone (406) 758 7940 PLANNED UNIT DEVELOPMENT Email: Diannin kalis ell.com Website: www.kalispell.ccm Project Name Property Address Silverbrook Riverside North 250 Church Dr. NAME OF APPLICANT Applicant Phone Silvermont Properties 406-531-9206 Applicant Address City, State, Zip 315 Parkway Dr. Kalispell, MT, 59901-2659 Applicant Email Address marvin@galkohomes.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Owner Phone Silvermont Properties 406-531-9206 Owner Address City, State, Zip 315 Parkway Dr. Kalispell, MT, 59901-2659 Owner Email Address marvin@galkohomes.com CONSULTANT (ARCHITECT/ENGINEER) Phone Mike Brodie/ WGM Group 406-756-4848 Address City, State, Zip 431 1st Ave. West Kalispell, MT, 59901 Email Address MBrodie@wgmgroup.com POINT OF CONTACT FOR REVIEW COMMENTS Mike Brodie/ WGM Group rhne 756-4848 Address City, State, Zip 431 1st Ave. West Kalispell, MT, 59901 Email Address MBrodie@wgmgroup.com List ALL owners (any individual or other entity with an ownership interest in the property): Silvermont Properties LLLP (Attn Marvin Galts) Silvermont Properties LLLP (Attn Marvin Galts) Silvermont Properties LLLP (Attn Marvin Gaits) Legal Description (please attach a full legal description for the property and a copy of the most recent deed). See attached Before the application will be deemed to be accepted for review, our office must receive an approval of the legal description from the Flathead County Plat Room. Please submit the legal description to their office (plat@flathead.mt.gov). KALISPELL Check One: Present zoning of above property: Initial PUD proposal Amendment to an existing PUD Total gross acres of property: Development Services Department 2011st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 R-2/P U D -M • 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. 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. �ALISPELL 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 Plat Room that the legal description submitted is accurate and recordable. They can be reached at (406) 758-5510. 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) Commercial(no subdivision) Residential (with subdivision) Commercial (with subdivision) $2,000 + $250 per unit $2,400 + $200 per acre $2,000 + $200 per acre $2,000 + $16,194 $2,000 + $200 per acre $1 8,194 I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on alll 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. licant Signature Date "I , ,5, Riverside North Legal Description (9-1-23) (TRACTS WEST OF SILVERBROOK DRIVE) A PORTION OF TRACT 3, TRACT 4 AND TRACT 5 OF CORRECTION CERTIFICATE OF SURVEY 15896, ON FILE AND OF RECORD IN FLATHEAD COUNTY MONTANA, LOCATED IN SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 3, SAID POINT ALSO BEING ON THE NORTH LINE OF SAID SECTION 13; THENCE N 89020'59" E, ALONG THE NORTH LINE OF SAID SECTION 13, 1143.73 FEET TO A POINT THAT IS THE INTERSECTION OF THE NORTHERLY EXTENTION OF THE WEST RIGHT -OF- WAY LINE OF SILVERBROOK DRIVE (100.00 FOOT WIDE CITY ROAD) AND THE NORTH LINE OF SAID SECTION 13; THENCE S 0039'27" E, 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF CHURCH DRIVE (60.00 FOOT WIDE COUNTY ROAD); THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SILVERBROOK DRIVE (100.00 WIDE CITY ROAD) THE FOLLOWING SEVEN (7) COURSES: 1) S 0039'27" E, 288.77 FEET TO A POINT ON A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 950.00 FEET; 2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 01' 41", AN ARC DISTANCE OF 166.27 FEET; 3) S 9022'14" W, 177.68 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1550.00 FEET; 4) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 330 38' 24", AN ARC DISTANCE OF 910.05 FEET; 5) S 24016'10" E, 51.72 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1050.00 FEET; 6) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 150 12' 21", AN ARC DISTANCE OF 278.66 FEET; 7) S 39°28'31" E, 400.65 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST MONTURE RIDGE (80.00 FOOT WIDE CITY ROAD) AND THE NORTH PERIMETER BOUNDARY LINE OF THE PLAT OF SILVERBROOK ESTATES PHASE 1, ON FILE AND OF RECORD IN FLATHEAD COUNTY MONTANA; THENCE ALONG THE NORTHWESTERLY PERIMETER BOUNDARY LINES OF SAID PLAT OF SILVERBROOK ESTATES PHASE 1 THE FOLLOWING FIFTEEN (15) COURSES: 1) S 50021'41" W, 19.63 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 235.00 FEET; 2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 530 17' 40", AN ARC DISTANCE OF 218.59 FEET; 3) N 87004'00" E, 10.00 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 225.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S 87004'00" W; 4) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 310 26' 50", AN ARC DISTANCE OF 123.49 FEET; 5) S 45016'40" W, 122.83 FEET; 6) N 41053'41" W, 82.19 FEET; 7) N 60026'31" W, 44.76 FEET 8) S 56053'45" W, 175.46 FEET; 9) S 77-21'15" W, 120.81 FEET; 10) S 44°02'25" W, 112.77 FEET; 11) S 29°27'55" W, 60.44 FEET; 12) S 41 °35'43" W, 61.51 FEET; 13) S 55°45'55" W, 127.86 FEET; 14) S 53°19'49" W, 130.13 FEET; 15) S 69°23'46" W, 414.00 FEET TO A POINT ON THE WEST LINE OF TRACT 5 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896, AND THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK; THENCE CONTINUING NORTHERLY ALONG THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK AND THE WESTERLY BOUNDARY LINES OF TRACT 5 AND TRACT 4 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896 THE FOLLOWING TWENTY THREE (23) COURSES: 1) N 05°07'36" E, 88.69 FEET; 2) N 02°19'39" W, 110.88 FEET; 3) N 14°05'56" W, 58.18 FEET; 4) N 25°23'25" W, 63.30 FEET; 5) N 34°06'26" W, 119.59 FEET; 6) N 34°06'26" W, 25.63 FEET; 7) N 65°14'58" W, 100.31 FEET; 8) N 81 °23'52" W, 91.63 FEET; 9) N 78-42'13" W, 95.30 FEET; 10) N 83°19'33" W, 17.20 FEET; 11) N 76°04'41" W, 166.47 FEET; 12) N 55°07'45" W, 84.04 FEET; 13) N 10°13'37" W, 90.96 FEET; 14) N 27°59'56" E, 221.77 FEET; 15) N 32°35'18" E, 239.72 FEET; 16) N 13°25'40" E, 66.52 FEET; 17) N 31°18'36" E, 109.02 FEET; 18) N 43°23'07" E, 116.23 FEET; 19) N 27°44'06" E, 65.43 FEET; 20) N 20-27'12" W, 75.56 FEET; 21) N 37°05'08" W, 39.66 FEET; 22) N 47°27'20" W, 95.41 FEET; 23) N 77-41'19" W, 165.74 FEET; THENCE LEAVING THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK AND CONTINUING NORTHERLY ALONG THE NORTHWESTERLY BOUNDARY LINES OF TRACT 4 AND THE WEST BOUNDARLY LINE OF TRACT 3 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896 THE FOLLOWING THREE (3) COURSES: 1) N 0°04'26" W, 24.47 FEET; 2) N 54°37'00" E, 203.36 FEET; 3) N 01°49'13" W, 1320.68 FEET TO THE POINT OF BEGINNING, CONTAINING 80.97 ACRES, MORE OR LESS. ki"'7 ZO 10 After recording, return to: James M. Ramlow Ram low & Rudbach, PLLP 401 Baker Avenue Whitefish, MT 59937 S,036 I8g C+ Illlllll 11 11 l 111 lull lull lull llln lull lull lull lull lull lull lull llll 11 l 111 l�l llll Pepe: 1 f36 2B Feev. $33.00 Debbie Pierson, Flathead County MT by DD 10/6/2015 3:46 PM WARRANTY DEED FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged 93 and Church, LLC, with mailing address of c/o Mannco LLC, 12744 San Fernando Road, Suite 600, Sylmar, California 91342 ("Grantor") grants unto Silvermont Properties, LLLP, with mailing address of 622 St. Andrews Drive, Columbia Falls, Montana 59912 ("Grantee"), real property located in Madison County, Montana more particularly described below as: See Exhibit 1 TOGETHER with all buildings, fixtures and improvements thereon and all rights -of -way, tenements, hereditaments, privileges and appurtenances thereto. TO HAVE AND TO HOLD unto Grantee, and Grantee's successors and assigns, forever, SUBJECT TO THE FOLLOWING: (a) Reservations and exceptions in patents from the United States and the State of Montana. (b) Existing easements and rights -of -way of record, and existing encroachments of record, if any. (c) Mineral and royalty reservations and conveyances of record. (d) Building, use, zoning, sanitary and environmental restrictions, requirements, notices, waivers and all other items of record. (e) Taxes and assessments for 2015 and subsequent years. EXCEPT with reference to the items referred to in paragraphs (a) to (e) inclusive, this deed is given with the usual covenants expressed in Montana Code Annotated § 30-11-110. I IIIIIIII IIIIIIIIIIII IIIIIIIIIIIIIII IIIII IIIII IIIIIIIIII IIII IIIIIIIIII IIII IIIIIIIIII IIII P`01 ho -' G lC Fees: 535 ❑0 10/s/2015 3:4d PM GRANTOR: 93 and Church, LLC By: /"/Yl CZ" e AWOS�kE!4-1145MNI, Manager STATE OF OAVOv- 40 ) :ss COUNTY OF L-c7s A—., e aW ) This instrument was acknowledged before me on BOSTANI, as Manager and 93 and Church, LLC. OC40-he'r 2' 2 y ANOOSHEH IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notarial Seal the day and year first above written. CECIIWA KL4U Coashissian 121INN No" Pubk - CtlRor* Los AM" Co" C� E t �s11 2814 �naturr] (!F,i I W A QIJA M S [printed name] Notary Public for the State of (A' Residing at Qn4o oc6 t lis [gyp. [city/state] My commission expires: Ju.lj, 20 19 IIIIIIN II II I IIIII�I iIIII IIIII IIIIf IIIII Hill IIIII Ill 1111111111111111 li llll llll IN Fees ;35.00'8 10/8/2015 3:48 PM EXHIBITI TRACT OF LAND IN THE NORTH HALF OF THE NORTHEAST QUARTER AND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: TRACT 3 OF CORRECTED CERTIFICATE OF SURVEY NO.15896 EXCEPTING THEREFROM THAT PORTION OF SILVERBROOK ESTATES PHASE 1 AND SILVERBROOK ESTATES PHASE 1A ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE MONTANA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY PURPOSES IN BARGAIN AND SALE DEED RECORDED MAY 23, 2006 AS INSTRUMENT NO.2006-143-14550 AND RECORDED APRIL 5, 2006 AS INSTRUMENT NO. 2006-095- 15020. AND A TRACT OF LAND IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND IN THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: TRACT 4 OF CORRECTED CERTIFICATE OF SURVEY NO. 15896 EXCEPTING THEREFROM THAT PORTION OF SILVERBROOK ESTATES PHASE 1 AND SILVERBROOK ESTATES PHASE 1A AND TRACT 1 OF CERTIFICATE OF SURVEY NO. 18373 AND A TRACT OF LAND IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND IN THE NORTH HALF OF THE SOUTHEAST QUARTER AND IN THE NORTHEAST OF THE SOUTHWEST QUARTER SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: TRACT 5 OF CORRECTED CERTIFICATE OF SURVEY NO.15896 EXCEPTING THEREFROM THAT PORTION OF SILVERBROOK ESTATES PHASE 1 AND SILVERBROOK ESTATES PHASE 1A AND TRACT 1 OF CERTIFICATE OF SURVEY NO. 18373 ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE MONTANA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY PURPOSES IN BARGAIN AND SALE DEED RECORDED APRIL 5, 2006 AS INSTRUMENT NO.2006-095-15020. IIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIII Hill HillIIIIIIIIIIIIIII IIIII 111111111111111 IIII lilt P.fjc- 4 .1 6 AND 10/8/2015 3.48 PM LOTS 1, 2, 3, 4, 5, 7, 8, 9, 12, 13, 14, 15 AND 16 OF BLOCK 4 OF SILVERBROOK ESTATES PHASE 1; LOT 25 OF BLOCK 16 OF SILVERBROOK ESTATES PHASE 1; LOTS 31, 33, 35, 40, 41, 42, 43, 44 AND 45 OF BLOCK 17 OF SILVERBROOK ESTATES PHASE 1; LOTS 50, 51, 52 AND 53 OF BLOCK 18 OF SILVERBROOK ESTATES PHASE 1; LOTS 59, 61, 62,63 AND 64 OF BLOCK 19 OF SILVERBROOK ESTATES PHASE 1; LOTS 65, 66, 67, 68, 69, 70, 71, 72, 74, 75 AND 76 OF BLOCK 20 OF SILVERBROOK ESTATES PHASE 1; LOTS 77, 78, 79, 80, 81, 82, 83, 86, 87, 88 AND 89 OF BLOCK 21 OF SILVERBROOK ESTATES PHASE 1; LOTS 90, 91, 94, 95, 96 AND 97 OF BLOCK 22 OF SILVERBROOK ESTATES PHASE 1; LOTS 99, 100,101, 102,103, 104,105, 106 AND 107 OF BLOQK 23 OF SILVERBROOK ESTATES PHASE 1; LOTS 272, 273, 274, 275, 276, 278, 279, 280, 281, 282, 284 AND 285 OF BLOCK 1 OF SILVERBROOK ESTATES PHASE 1A; LOTS 259, 261, 262, 263, 264, 265, 266, 267, 268 AND 269 OF BLOCK 2 OF SILVERBROOK ESTATES PHASE 1A; IllnllillllllllllllllllllillllIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII pawe� 06 f:., : 535.00 10/8/2015 3:48 PM LOTS 2481 249, 250, 251, 252, 256, 257 AND 258 OF BLOCK 3 OF SILVERBROOK ESTATES PHASE 1A, LOTS 2311 233, 234, 235, 236, 237, 238, 240, 241, 242, 2", 245, 246 AND 247 OF BLOCK 5 OF SILVERBROOK ESTATES PHASE 1A; LOTS 223, 224, 225, 226, 228, 230 OF BLOCK 6 OF SILVERBROOK ESTATES PHASE 1A; LOTS 191, 192,193, 194,195, 196, 197, 198, 199, 200, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219,220 OF BLOCK 7 OF SILVERBROOK ESTATES PHASE 1A; LOTS 174,175, 176,188,189 AND 190 OF BLOCK 8 OF SILVERBROOK ESTATES PHASE 1A; LOTS 177,178,180, 181,182,183 AND 185 OF BLOCK 9 OF SILVERBROOK ESTATES PHASElA; LOTS 158,159, 161,162, 163,164,165,166, 167, 168, 170 AND 1710F BLOCK 11 OF SILVERBROOK ESTATES PHASE 1A; LOT 156 OF BLOCK 12 OF SILVERBROOK ESTATES PHASE 1A; LOTS 137, 138,139, 140, 141, 142,144 AND 145 OF BLOCK 13 OF SILVERBROOK ESTATES PHASE 1A; LOTS 121, 123, 124, 125,126, 127, 128 AND 136 OF BLOCK 14 OF SILVERBROOK ESTATES PHASE 1A; LOTS 109,110, 111, 112, 113, 114, 115, 116, 117, 118; 119 AND 120 OF BLOCK 15 OF SILVERBROOK ESTATES PHASE IA; OPEN SPACE IN SILVERBROOK ESTATES PHASE 1; OPEN SPACE IN SILVERBROOK ESTATES PHASE 1A; ALL ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. J 0505548 0506226 0506232 0506314 0 506315 0506316 0506317 0506237 Lf ` 0506321 506238 0506239 0606322 0506240 0506323 0606242 050088 0506243 f5og506028 0505689 O505563 0506324 O506246 6506325 0506247 506326 0506248 0506377 o 506249 0506280 0506328 0508251 0506281 0505696 0506252 0506252 0505697 0 506253 0 506283 0505699 o506029 0 506284 0505702 0506030 0506286 [3506329 0505576 0506257 0606330 0506254 0506288 506331 0506255 0 505289. 0506332 0506256 05M90 0506333 0506020 5506291 0505715 0506257 0506292 505716 o 506258 0506293 0508334 0506259 0506294 506335 0504753 o 506295 0506336 o 506158 05,06296 .0506337 0 506159 o 506297 506338 0506160 1 0 506296 0506339 p506161 o 506299 0 506340 0 506163 0506301 0506341 0506164 0506302 0 506343 0506165 o 506303 g 506345 0506168 j 0 506304 O 506345 0506169 05MO5 +050477T 506170 0506173 0 504784 0506171 0506174 D504786 0 50617.2 0506175 0504768 6505587 a506177 0504793 0506260 0 506178 0508180 0506261 0 506179 0506te1 0506262 05M55 0 506182 0506034 0506306 0506183 0506263 I 0506307 0506184 0506264 0506308 Q 504804 n ---,e A rumno A SM185 Fees: 535�00 10/8/20153:48 PM 0504815 0504616 0504817 i�504818 0504819 647 0506349 0 506354 Q 0506356 d 506357 0504831 0506358 0 506359 0506365 0506366 0506367 0 504844 0 505371 O506372 0506373 0506374 0506375 0506376 0 506377 0506378 00/-� /V(a 6y6poo13 o0 1,3S "'; T5 00 /,38 SCc September 5, 2023 0 RIVLRSIDE NORTH PUD NARRATIVE a. An overall description of the goals and objectives for the development of the project. The proposed project, Riverside North PUD, (formerly pre -platted under Silverbrook Phase 2D) is a residential development within the Silverbrook Estates development which includes residential, commercial mixed -use and mixed -density development. The subject 80.97-acre property was originally planned for 111 single family homes in the 2006 Silverbrook PUD. The current application includes 95 single family lots along with storage for residents and a parcel for a future fire station. Please note, this application only includes the 80.97 acres west of Silverbrook Drive. Objectives of this land use application include: 1. Planning for a variety of lot sizes and income levels, including a lot for storage units to service the residents. 2. Planning to include a new lot for the City to utilize for a future fire station and public works facility. 3. The addition of site amenities such as a clubhouse, park area, trail, and multi -use path connectivity to the eastern and southern portion of the development. This development is intended to extend the existing residential portion and provide a traditional neighborhood design with sidewalks, tree -lined streets, a central park, and a network of multi -use paths to connect to the existing system. In addition to the park provided on the plan, residents will also have access to the existing amenities in the previously built phases of the Silverbrook PUD/Subdivision. b. In cases where the development will be executed in increments, a scheduleshowing the time within phase will be completed. The subject 80.97 acres is planned to be completed in three phases beginning at the south and moving north. The phases break out as follows: Phase 1 includes 43 lots and is anticipated for construction in 2024-2026. Phase 2 includes 37 lots and is anticipated for construction in 2026-2028. Phase 3 includes 15 residential lots, the fire station/public works facility lot, and is anticipated for construction 2028-2030. PHASING INFORMATION PHA \� ® MAY R9•,hf MKS �PN14 3 N FIGURE 1: PHASING MAP c. The extent to which the plan departs from zoning and subdivision regulations including but not limited to density, setbacks and use, and the reasons why such departures are or are not deemed to be in the public interest. The application applies the following variances from the Subdivision Regulations and Zoning Ordinance: a. Rear Yard Setback = 15 ft (5 ft reduction from R-2) b. Minimum Lot Width = 50 ft (20 ft reduction from R-2) c. Cul-de-sac are modified to include an oblong island design. d. A section of sidewalks increasing from 5' to 8' to create multi -modal paths. e. Allow for storage/auxiliary garages on northwest parcel for use by residents and greater Silverbrook HOA. These departures from the base zoning allow the creation of a variety of lot sizes to meet the needs for alternative housing sizes and options, safer trail systems, and cul-de-sac that are maintainable and provide additional snow storage. The deviation requested is deemed to be in the public's best interest because it generally complies with the original Silverbrook Estates plans and what would have been expected to be developed by existing property owners in the previous phases of the subdivision. The 15- foot setback reduction is primarily slated for corner lots on curvilinear roadways which can be challenging to develop and allow for more creativity in custom built homes. The auxiliary garages would be in a location currently being used by the Silverbrook HOA as RV and boat storage. This would create a more defined opportunity for current residents as well as residents in this phase to have additional garage/storage space and help to limit street parking of cars, RVs and boats. These facilities would be exclusively available to residents of Silverbrook Estates Homeowners Association. d. The nature and extent of the common open space in the project and the provisions for maintenance and conservation of the common open space; and the adequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan. The site plan shows a series of open space/park areas that are linked together by green corridors and multi -use paths. A 1.34 acre developed park is included in the first phase of the subdivision. It will include a pool, changing rooms, a playground, picnic tables, landscaping, multi -use courts, and other amenities. The multi -use paths and sidewalks will link the open space network to the park, and the existing systems to the east and south. The open space will be maintained by the Homeowners Association of the development. si,'Je rbr°°K FIGURE 2: PLANNED 1.34 ACRE PARCEL Additional open space is included in several locations primarily functioning as a buffer. There is a 60- foot open space buffer provided on the north adjacent to Church drive, as well as along the back of the lots that abut the water course. A generous conservation area has also been included covering the low- lying area adjacent to the Stillwater River as well as the water course from the ponds and regional surface flow that traverses the greater Silverbrook PUD from northeast to southwest. This riparian conservation area will preserve existing habitat as well as include a trail system to connect to the existing trails in Phase 1 of Silverbrook Estates. This will limit disturbances to the river corridor while allowing residents to interact with the natural environment. e. The manner in which services will be provided such as water, sewer, storm water management, schools, roads, traffic management, pedestrian access, recreational facilities and other applicable services and utilities. The project will utilize water infrastructure available from the City of Kalispell's water transmission main installed in Church Drive and will utilize sanitary sewer infrastructure installed with previous phases of the Silverbrook development. This extension includes installing a sewer lift station at the southeast corner of the property, that will pump sewer though an existing 6" main under the drainage beneath the bridge to the existing gravity sewer system at the intersection of East Monture and Silverbrook Drive. Silverbrook Drive currently has dry water mains stubbed out at the proposed intersections with Silvertip Trail and Great Northern Trail. Water mains will run along the corridor of the future Silvertip Trail located in the yet to be built Silverbrook Phase to the east to connect to existing water mains located near the Silverbrook Apartments, providing a looped system. Based on discussions with City of Kalispell Public Works, both Water and sewer have more than sufficient capacity to serve the development. Storm water management will be achieved on -site via detention ponds which would release runoff at pre -development rates to existing drainages that ultimately direct runoff to the Stillwater River. Three ponds are shown in the plan to show adequate space for detention and all runoff leaving the site will be subject to water quality treatment prior to discharge. The method for treatment will be determined in design but will be subject to City of Kalispell Design standards and requirements. Traffic for the project will connect to Silverbrook Drive at several locations. Silverbrook Drive allows access to either Church drive at the north, or US-93 to the south. An emergency access road and easement for fire and police is proposed in Phase 1 of the development in the southeastern storm and utility tract. Additionally at the City's request, a road extension will be developed in phase 2 to accommodate future access to the property to the immediate west, 430 Church Dr. Several traffic impact studies (TIS) and subsequent updates have been completed with this area planned to develop as single family and no impacts are anticipated to anywhere beyond the immediate intersections that are currently unused. The TIS and updates have been included in this application. As previously described and shown on the PUD plan, the development includes sidewalks along all street frontages for pedestrian access, widened multi -use pathways, trails, and a park for recreation, and other site amenities such as playgrounds, a pool and changing rooms, multi -use courts, BBQs, and park benches. The specific amenities will be provided in a landscape plan at the time of design but will be in compliance with the city of Kalispell Subdivision Regulations. The development will be served by two different school districts. The Northern portion is by Whitefish School District #44 and the south is by School District #1, the West Valley School District. The property is located 4.2 miles north of Kalispell Fire Station no. 62. As a part of this development, a 2.45 acre parcel has been allocated for the development of a new fire station along with a public works facility. FIGURE 3: SCHOOL DISTRICT MAP f. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established. This phase of Silverbrook was previously planned and approved. Only minor changes are proposed as a part of this planned unit development. When looking internally to the development, this is beneficial to existing residents as it is being developed as planned with no additional density and a similar character to previous phases. The development of this portion of the Silverbrook property helps to further existing trail systems and provides additional amenities internal that are intended to be available for the residents within the Silverbrook Estates subdivision. Silverbrook is the northern most boundary of the urban scale development to occur along the Highway 93 corridor so the adjacent neighborhoods to the west and north are largely undeveloped Flathead County farmland. This area is included within the Kalispell Growth Policy and will provide an excellent location for additional housing given its vicinity to: • US-93 Bypass (0.5 Miles) • City of Kalispell/MDT multi -use trail system (0.5 Miles to Silverbrook's trail, 3.5 Miles to Spring Prairie Shopping Center trail connection • Kidsports Sports Complex (4.5 Miles) • Glacier Highschool (4.16 Miles) • Flathead Valley Community College (4.5 Miles) • Spring Prairie Shopping Center (3.4 Miles) g. How the plan provides reasonable consideration to the character of the neighborhood and the peculiar suitability of the property for the proposed use. The plan provides consideration to the character of the neighborhood by aligning with the intent of the original Silverbrook Estates PUD, the Growth Policy, and Future Land Use Map, and by providing a mix of lot sizes for different price points. While the adjacent areas are currently predominantly vacant or agricultural in nature, planned residential and commercial growth has been proposed in this area through previous planning efforts. The site is in an area with good transportation connectivity and access to services. In addition to its correspondence with the growth policy, the developers and the City have also invested in the water, storm, and sewer infrastructure to support development in this location. h. Where there are more intensive uses or incompatible uses planned within the project or on the project boundaries, how will the impacts of those uses be mitigated? The subject property is currently surrounded by a mix of agricultural, commercial, and residential land uses. However, the Future Land Use Map designates the following land use adjacencies: • North: Agricultural, Suburban Agricultural, Suburban Residential • South: Suburban Residential, Urban Residential, and Neighborhood Business • East: Suburban Residential, Rural Residential, Neighborhood Business, and Agricultural • West: Agricultural, Two -Family Residential The proposed land uses of the subject property of R-2, single-family residential are compatible with the Future Land Use map. The Stillwater River provides a wide and attractive buffer between the residences and the agricultural areas to the west and north and blends into the existing residential uses to the east and south. i. How the development plan will further the goals, policies, and objectives of the Kalispell Growth Policy. The development plan will meet the Land Use/Housing goal of the Kalispell Growth Policy (plan it 2035) which is to "PROVIDE AN ADEQUATE SUPPLYAND MIX OF HOUSING THAT MEETS THE NEEDS OF PRESENT AND FUTURE RESIDENTS IN TERMS OF COST, TYPE, DESIGN AND LOCATION." The proposed development is not unique to the area and Flathead Valley but corresponds well with other unit types in various stages of construction in the area and with the larger region as it ties to the northern commercial center of Kalispell. Additionally, the following policies are met through the development: "Land Use/Housing Policies: 10. Low -density residential (suburban) neighborhoods should be developed at a density that does not exceed 4 dwelling units per acre on an overall site basis. An integrated development plan within a suburban neighborhood could include: a. Single-family homes on lots down to 5,000 square feet, b. Zero lot line and patio homes, when accompanied by generous open spaces and common areas, and c. Townhomes. 13. Residential neighborhoods should have convenient access to the transportation network, business districts, parks, and schools via streets sidewalks and multi -use paths. 14. A variety of housing types and compatible land uses are encouraged in residential areas and should be designed to fit the 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. While the site could support additional density the overall desire of the developer is to align with the PUD to develop a cohesive feel to the neighborhood and support the overall character of the surrounding areas. —_ BMW& L ew '�� D -31 4: SURRONUNDING ZONING MAP, CITY OF KALISPELL =ar'9'b"'hrVw 0 R.lno 0.t Nw� C)0023 ►i • ai ¢t 064 ■ �` ■4 y 1-Y.('.wn Y1lT�N OnRKY �. rf rr �f Yl-Ai µ � iY&ED ibi u ywseuo Q ow, we.: ❑ :a.�e.ewxa+.uf. 1*4 ■b4". F s` ei r Mfi µdl'V—k FIGURE 5: SURRONUNDING ZONING MAP, FLATHEAD COUNTY j. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: 1. Total acreage and present zoning classifications. 80.97 Acres currently zoned as R-2. 2. Zoning classification of all adjoining properties. North: AG-40 (County), B-2/PUD (City) West: AG-40, Unspecified Zone Use (County) East: R-2/PUD, R-4/PUD, B-1/PUD (City) South: R-2/PUD (City) 3. Density in dwelling units per gross acre. 1.17 Dwelling units per acre (95 residential units per 80.97 gross acres) Fire station lot = 2.45 acres Storage unit lot = 2.67 acres Park area = 1.34 acres Total acreage= 80.97 acres 4. Location, size, height, and number of stories for buildings and uses proposed for buildings. The residences will meet the R-2 maximum building height of 35 ft. and setbacks with the exceptions as noted in the deviations. The buildings are proposed as two-story single- family residences with very similar architecture to Phase 1 of the Stillwater Crossing PUD. 5. Layout and dimensions of streets, parking areas, pedestrian walkways, and surfacing. The proposed PUD layout is attached and included with this application. This layout utilizes the City of Kalispell Standard for Urban local streets along the interior with a 16' wide emergency access drive in the southeastern portion. 5' sidewalks will be provided on each side of the street increasing to 8' in locations as noted in the PUD and the Trails Plan. Pedestrian walkways internally will be primarily concrete. A layout of the proposed trail/path network within the PUD is included with the PUD Layout. 6. Vehicle, emergency and pedestrian access, traffic circulation and control. The existing Stillwater Road collector provides connectivity from Church Dr. to Highway 93 and connects to the interior road system. Two accesses are provided in all proposed phases. All the main roads have a minimum of 200-foot centerline radii aside from intersections which have 20 ft radii at the back of curb. An extension is provided along the northwestern portion of the PUD to the property to the west for future connections. An emergency access road is proposed from the interior roads to Silverbrook Drive to both provide emergency access and access to the lift station at the southeast corner of the property. 7. Location, size, height, color, and materials of signs. The subdivision identification sign was installed with the original Silverbrook Drive with a waterfall and landscape feature located at the entrance of Silverbrook Estates at both Church Drive and US-93. No additional signage is proposed at this time. 8. Location and height of fencing and/or screening. Fencing will be allowed and will meet the R-2 Fence requirement for maximum fence heights. The Silverbrook Estates Subdivision has development/architectural standards that regulate the fencing type. 9. Location and type of landscaping. A conceptual street tree and park plan has been included with the PUD. A final landscape plan will be produced during design development and submitted to parks and recreation for approval. 10. Location and type of open space and common areas. The site plan shows a park and trail network system that ties into the existing and proposed system in previous phases. The open space network is intended to provide amenities to residents within the development. Adjacent to the proposed fire station and northern lots is a 50' open space to provide buffer and native landscape between Church and the residences. Green corridors allow for additional connectivity throughout the phase and to connect to the proposed and existing trail system. 11. Proposed maintenance of common areas and open space. The HOA will maintain and manage the park area and open spaces for Phase 1 D. The adjacent property owners will be responsible for boulevard maintenance per City of Kalispell ordinance and the 2016 Conditions of Approval. 12. Property boundary locations and setback lines; Property boundaries and Conditioned setbacks are shown on the site plan. 13. Special design standards, materials and / or colors. The intent is to provide residential units that match the architecture and character of Phase 1. Draft CCRs based on Phase 1 have been included with this application with regulations that pertain to the architectural aesthetics for the property. 14. Proposed schedule of completions and phasing of the development, if applicable. It is expected that the project will be phased out with Phase 1 being the first (South to North). This first phase would likely begin construction in Summer of 2024 and be completed in the fall of 2026. Phase 2 of the updated PUD would occur around the completion of Phase 1 with expected Spring of 2027 construction. Phase 3 would likely begin in 2028 and build out by 2030. A true build out schedule will be dependent on housing demand and market conditions. A Phasing diagram has been included with the submittal in the PUD exhibits. 15. Covenants, conditions and restrictions; CC&Rs are in development and will be provided by the owner. A Draft is available in the application, Part "G". 16. Any other information that may be deemed relevant and appropriate to allow for adequate review. The PUD ordinance was originally approved by the Kalispell City Council on December 18, 2006 and a PUD Developers Agreement was created by the City of Kalispell with the original developer on February 151", 2008. During the preliminary plat approval of Phase 2 in 2015 the developers requested two amendments to the original PUD which were approved with the Phase 2 conditions. In December 2016 the new owners, Silvermont Properties, requested two minor amendments to the B-1 Neighborhood Commercial portion of the development which was approved 2016. The previous PUD for Phase 2 was approved in 2016 and includes Phases 2A-2D. The 79.18 acres of Phase 2D was originally planned as 111 single family homes. The proposed pre -plat and PUD are showing 103 single family homes. The following is the timeline for the development of the subdivision: Planned Unit Development, Silverbrook Estates Subdivision Ordinance 1597, approved December 18, 2006 93 & Church LLC Planned Unit Development Pre -plat and Agreement Silverbrook Estates Subdivision Staff Report KPP-08-2 February 151", 2008, approved 2009 93 & Church LLC Silverbrook Estates Subdivision, Phase 2 Preliminary Plat resubmittal Staff Report KPP-15-04 January 4, 2016 Silvermont Properties LP o9�\and luewaoia,aQ lion Peuuoid eo\a+�\��oa oz\VON ePis�anm\(meu) � 09�\e4�el��d\'N -3 a 08 1W `��3dSl�`d51 0 0 C' 3 H1bON 301Sb3nlb -N000 19b3ATS w b3AOO -and L33H5 0 D a_ ry O LU F--- o U J W W >_ CU) � J o ry NW�/ I.J_ \W VJ Q O V Q < m zz0 Q Ll J Z Y - Q a rs:r-rM� ML7 t. I ........ ... 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OWNER OF RECORD Silvermont Properties Owner Phone 406-531-9206 Owner Address 315 Parkway Dr City, State, Zip Kalispell, MT, 59901-2659 Owner Email Address mawin@galkohomes com CONSULTANT (ARCHITECT/ENGINEER) Mike Brodie/ WGM Group Phone 406-756-4848 Address City, Stake, Zip 431 1st Ave. West Kalispell, MT, 59901 Email Address MBrodie@wgmgroup cam POINT OF CONTACT FOR REVIEW COMMENTS Mike Brodie/ WGM Group Phone 1 406-756-4848 Address 431 1st Ave. West City, State, Zip Kalispell, MT, 59901 Email Address MBrodie@wgmgroup.com List ALL owners (any individual or other entity with an ownership interest in the property): Silvermont Properties LLLP. (Attn Marvin Galts) Legal Description (please attach a full legal description for the property and a copy of the most recent deed). See attached Before the application will be deemed to be accepted for review, our office must receive an approval of the legal description from the Flathead County Plat Room. Please submit the legal description to their office (plat@flathead.mt.gov). i_1 t %- (M1 KAILIESPEILIL GENERAL DESCRIPTION OF SUBDIVISION: Number of lots or rental spaces 97 Total Acreage In lots 38.19 Total Acreage in streets or roads 12.12 Total acreage in parks, open spaces and/or common spaces 27.30 Development Services Department 2011st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 Total Acreage in subdivision 80.97 Minimum size of lots or spaces 0.25 Maximum size of lots or spaces 2.67 (Storage unit lot) Includes Riparian Conservation Area PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family 95 Townhouse NA Mobile home/RV Park NA Commerclalllndustrial NA Multi -family NA Other 1-Storage Unit Lot (267 acres),1-Fire Station Lot (245 acres) APPLICABLE ZONING DESIGNATION & DISTRICT: ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS: PROPOSED EROSION/SEDIMENT CONTROL: R-2/PUD $87M X BMP's per City and state requirements ARE ANY SUBDIVISION VARIANCES REQUESTED? No (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 plan ning@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 Plat Room that the legal description submitted is accurate and recordable. They can be reached at (406) 758-5510 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 $2,000 + $250 per lot $2,000 + 97"$250 Major Subdivision Resubmittal $2,000 $2,000+24,250= for each original lot unchanged add add $20 per lot $26,250 for each lot re-designed/added add add $250 per lot Mobile Home Parks & Campgrounds 6 more more spaces $2,000 + $500 per space 5 or fewer spaces $800 + $250 per space Amended Preliminary Plat amendment to conditions only $800 base fee re -configured proposed lots base fee + $80 per lot add additional lots or sublots base fee + $250 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 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. Sr 23 Date Riverside North Legal Description (9-1-23) (TRACTS WEST OF SILVERBROOK DRIVE) A PORTION OF TRACT 3, TRACT 4 AND TRACT 5 OF CORRECTION CERTIFICATE OF SURVEY 15896, ON FILE AND OF RECORD IN FLATHEAD COUNTY MONTANA, LOCATED IN SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 3, SAID POINT ALSO BEING ON THE NORTH LINE OF SAID SECTION 13; THENCE N 89020'59" E, ALONG THE NORTH LINE OF SAID SECTION 13, 1143.73 FEET TO A POINT THAT IS THE INTERSECTION OF THE NORTHERLY EXTENTION OF THE WEST RIGHT -OF- WAY LINE OF SILVERBROOK DRIVE (100.00 FOOT WIDE CITY ROAD) AND THE NORTH LINE OF SAID SECTION 13; THENCE S 0039'27" E, 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF CHURCH DRIVE (60.00 FOOT WIDE COUNTY ROAD); THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SILVERBROOK DRIVE (100.00 WIDE CITY ROAD) THE FOLLOWING SEVEN (7) COURSES: 1) S 0039'27" E, 288.77 FEET TO A POINT ON A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 950.00 FEET; 2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 01' 41", AN ARC DISTANCE OF 166.27 FEET; 3) S 9022'14" W, 177.68 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1550.00 FEET; 4) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 330 38' 24", AN ARC DISTANCE OF 910.05 FEET; 5) S 24016'10" E, 51.72 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1050.00 FEET; 6) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 150 12' 21", AN ARC DISTANCE OF 278.66 FEET; 7) S 39°28'31" E, 400.65 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST MONTURE RIDGE (80.00 FOOT WIDE CITY ROAD) AND THE NORTH PERIMETER BOUNDARY LINE OF THE PLAT OF SILVERBROOK ESTATES PHASE 1, ON FILE AND OF RECORD IN FLATHEAD COUNTY MONTANA; THENCE ALONG THE NORTHWESTERLY PERIMETER BOUNDARY LINES OF SAID PLAT OF SILVERBROOK ESTATES PHASE 1 THE FOLLOWING FIFTEEN (15) COURSES: 1) S 50021'41" W, 19.63 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 235.00 FEET; 2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 530 17' 40", AN ARC DISTANCE OF 218.59 FEET; 3) N 87004'00" E, 10.00 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 225.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S 87004'00" W; 4) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 310 26' 50", AN ARC DISTANCE OF 123.49 FEET; 5) S 45016'40" W, 122.83 FEET; 6) N 41053'41" W, 82.19 FEET; 7) N 60026'31" W, 44.76 FEET 8) S 56053'45" W, 175.46 FEET; 9) S Ill 5" W, 120.81 FEET; 10) S 44°02'25" W, 112.77 FEET; 11) S 29°27'55" W, 60.44 FEET; 12) S 41 °35'43" W, 61.51 FEET; 13) S 55°45'55" W, 127.86 FEET; 14) S 53°19'49" W, 130.13 FEET; 15) S 69°23'46" W, 414.00 FEET TO A POINT ON THE WEST LINE OF TRACT 5 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896, AND THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK; THENCE CONTINUING NORTHERLY ALONG THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK AND THE WESTERLY BOUNDARY LINES OF TRACT 5 AND TRACT 4 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896 THE FOLLOWING TWENTY THREE (23) COURSES: 1) N 05°07'36" E, 88.69 FEET; 2) N 02°19'39" W, 110.88 FEET; 3) N 14°05'56" W, 58.18 FEET; 4) N 25°23'25" W, 63.30 FEET; 5) N 34°06'26" W. 119.59 FEET; 6) N 34°06'26" W, 25.63 FEET; 7) N 65°'14'58" W, 100.31 FEET; 8) N 81 °23'52" W, 91.63 FEET; 9) N 78.42' 13" W, 95.30 FEET; 10) N 83019'33" W, 17.20 FEET; 11) N 76004'41" W, 166.47 FEET; 12) N 55°07'45" W, 84.04 FEET; 13) N 10°13'37" W, 90.96 FEET; 14) N 27°59'56" E, 221.77 FEET; 15) N 32°35'18" E, 239.72 FEET; 16) N 13°25'40" E, 66.52 FEET; 17) N 31018'36" E, 109.02 FEET; 18) N 43023'07" E, 116.23 FEET; 19) N 27°44'06" E, 65.43 FEET; 20) N 20°27'12" W, 75.56 FEET; 21) N 37005'08" W, 39.66 FEET; 22) N 47°27'20" W, 95.41 FEET; 23) N 77'41'19" W, 165.74 FEET; THENCE LEAVING THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK AND CONTINUING NORTHERLY ALONG THE NORTHWESTERLY BOUNDARY LINES OF TRACT 4 AND THE WEST BOUNDARLY LINE OF TRACT 3 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896 THE FOLLOWING THREE (3) COURSES: 1) N 0°04'26" W, 24.47 FEET; 2) N 54037'00" E, 203.36 FEET; 3) N 01049'13" W, 1320.68 FEET TO THE POINT OF BEGINNING, CONTAINING 80.97 ACRES, MORE OR LESS. Lim m O a a Q After recording, return to: James M. Ram low Ram low & Rudbach, PLLP 401 Baker Avenue Whitefish, MT 59937 IIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIII111111111111111INIII III III IN20150 Pape°10 f3620 Feae. $35.00 Debbie Pierson, Flathead County MT by DD 10/6/2015 3.4B PM WARRANTY DEED FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged 93 and Church, LLC, with mailing address of c/o Mannco LLC, 12744 San Fernando Road, Suite 600, Sylmar, California 91342 ("Grantor") grants unto Silvermont Properties, LLLP, with mailing address of 622 St. Andrews Drive, Columbia Falls, Montana 59912 ("Grantee"), real property located in Madison County, Montana more particularly described below as: See Exhibit l TOGETHER with all buildings, fixtures and improvements thereon and all rights -of -way, tenements, hereditaments, privileges and appurtenances thereto. TO HAVE AND TO HOLD unto Grantee, and Grantee's successors and assigns, forever, SUBJECT TO THE FOLLOWING: (a) Reservations and exceptions in patents from the United States and the State of Montana. (b) Existing easements and rights -of -way of record, and existing encroachments of record, if any. (c) Mineral and royalty reservations and conveyances of record. (d) Building, use, zoning, sanitary and environmental restrictions, requirements, notices, waivers and all other items of record. (e) Taxes and assessments for 2015 and subsequent years. EXCEPT with reference to the items referred to in paragraphs (a) to (e) inclusive, this deed is given with the usual covenants expressed in Montana Code Annotated § 30-11-110. j1II j I IIIIIIII II II IIIIIIIIIIHIIII�llllllllull llll�llllllllll lll�l ll�ll lull �lll lllll�lltl llll 2012 u2 ul 4 Zo pdwdFees: 335.00 10/s/2015 3:48 DM t. GRANTOR: 93 and Church, LLC By: AIRO09FIETH O ANI, Manager STATE OF M a ) :ss COUNTY OF ) This instrument was acknowledged before me on 060-�2r 2' , try ANOOSHEH BOSTANI, as Manager and 93 and Church, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. CEOL1A PLUM Conde" 0 2110M No" Pdblk - Gdit" h lot; A"" County Cotlllll. �MII1[) 2Q1tF ature] aB C1 L.[A PW 4 M @ [printed name] Notary Public for the State of CA Residing at Grain" tls 04 [city/state] My commission expires: J lT 20 1q 11111111Hill 111111111111111Hill 11111111111111Ill III l$1IiIIII IIIIIN Fees:�S35 00'd 10, 8/2015 3:48 PM EXHIBIT 1 TRACT OF LAND IN THE NORTH HALF OF THE NORTHEAST QUARTER AND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: TRACT 3 OF CORRECTED CERTIFICATE OF SURVEY NO.15896 EXCEPTING THEREFROM THAT PORTION OF SILVERBROOK ESTATES PHASE 1 AND SILVERBROOK ESTATES PHASE 1A ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE MONTANA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY PURPOSES IN BARGAIN AND SALE DEED RECORDED MAY 23, 2006 AS INSTRUMENT NO.2006-143-14550 AND RECORDED APRIL 5, 2006 AS INSTRUMENT NO. 2006-095- 15020. AND A TRACT OF LAND IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND IN THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: TRACT 4 OF CORRECTED CERTIFICATE OF SURVEY NO. 15896 EXCEPTING THEREFROM THAT PORTION OF SILVERBROOK ESTATES PHASE 1 AND SILVERBROOK ESTATES PHASE 1A AND TRACT 1 OF CERTIFICATE OF SURVEY NO. 18373 AND A TRACT OF LAND IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND IN THE NORTH HALF OF THE SOUTHEAST QUARTER AND IN THE NORTHEAST OF THE SOUTHWEST QUARTER SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: TRACT 5 OF CORRECTED CERTIFICATE OF SURVEY NO.15896 EXCEPTING THEREFROM THAT PORTION OF SILVERBROOK ESTATES PHASE 1 AND SILVERBROOK ESTATES PHASE 1A AND TRACT 1 OF CERTIFICATE OF SURVEY NO. 18373 ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE MONTANA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY PURPOSES IN BARGAIN AND SALE DEED RECORDED APRIL 5, 2006 AS INSTRUMENT NO.2006-095-15020. IIIIIIII II II IIII IIIII IIIII IIIII IINI IIIII IIIII IIIII IIIII IIIII I�IIIIIIII IIII II IIII IIII IIII Paps;i a! 6 .0 Fees; 535.00 AND 10/8/2015 3:48 PM LOTS 1, 2, 3, 4, 5, 7, 8, 9, 12, 13, 14, 15 AND 16 OF BLOCK 4 OF SILVERBROOK ESTATES PHASE 1; LOT 25 OF BLOCK 16 OF SILVERBROOK ESTATES PHASE 1; LOTS 31, 33, 35, 40, 41, 42, 43, 44 AND 45 OF BLOCK 17 OF SILVERBROOK ESTATES PHASE 1; LOTS 50, 51, 52 AND 53 OF BLOCK 18 OF SILVERBROOK ESTATES PHASE 1; LOTS 59, 61, 62, 63 AND 64 OF BLOCK 19 OF SILVERBROOK ESTATES PHASE 1; LOTS 65, 66, 67, 68, 69, 70, 71, 72, 74,75 AND 76 OF BLOCK 20 OF SILVERBROOK ESTATES PHASE 1; LOTS 77, 78, 79, 80, 81, 82, 83, 86, 87, 88 AND 89 OF BLOCK 21 OF SILVERBROOK ESTATES PHASE 1; LOTS 90, 91, 94, 95, 96 AND 97 OF BLOCK 22 OF SILVERBROOK ESTATES PHASE 1; LOTS 99, 100,101,102,103, 104,105, 106 AND 107 OF BLOCK 23 OF SILVERBROOK ESTATES PHASE 1; LOTS 272, 273, 274, 275, 276, 278, 279, 280, 281, 282, 284 AND 285 OF BLOCK 1 OF SILVERBROOK ESTATES PHASE 1A; LOTS 259, 261, 262, 263, 264, 265, 266, 267, 268 AND 269 OF BLOCK 2 OF SILVERBROOK ESTATES PHASE 1A; IIIIIIII II IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIIII IIII IIII Pape: 5 ul 6 cn Fees: $35.00 10/8/ 2015 3:48 PM LOTS 248, 249, 250, 251, 252, 256, 257 AND 258 OF BLOCK 3 OF SILVERBROOK ESTATES PHASE 1A; LOTS 231, 233, 234, 235, 236, 237, 238, 240, 241, 242, 244, 245, 246 AND 247 OF BLOCK 5 OF SILVERBROOK ESTATES PHASE 1A; LOTS 223, 224, 225, 226, 228, 230 OF BLOCK 6 OF 51LVERBROOK ESTATES PHASE 1A; LOTS 191, 192, 193, 194, 195, 196, 197,198, 199, 200, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220 OF BLOCK 7 OF SILVERBROOK ESTATES PHASE 1A, LOTS 174, 175, 176, 188, 189 AND 190 OF BLOCK 8 OF SILVERBROOK ESTATES PHASE 1A; LOTS 177, 178, 180, 181, 182, 183 AND 185 OF BLOCK 9 OF SILVERBROOK ESTATES PHASElA; LOTS 158, 159, 161, 162, 163, 164, 165, 166, 167,168,170 AND 1710F BLOCK 11 OF SILVERBROOK ESTATES PHASE 1A; LOT 156 OF BLOCK 12 OF SILVERBROOK ESTATES PHASE 1A; LOTS 137, 138,139, 140, 141, 142, 144 AND 145 OF BLOCK 13 OF SILVERBROOK ESTATES PHASE 1A; LOTS 121, 123, 124, 125, 126, 127, 128 AND 136 OF BLOCK 14 OF SILVERBROOK ESTATES PHASE 1A; LOTS 109,110, 111, 112, 113,114, 115,116, 117,118, 119 AND 120 OF BLOCK 15 OF SILVERBROOK ESTATES PHASE 1A; OPEN SPACE IN SILVERBROOK ESTATES PHASE 1; OPEN SPACE IN SILVERBROOK ESTATES PHASE 1A; ALL ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. 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A j a A 4 a 2 i i a I i A i i i to i i 01:0101:Yy q1 .4 tf EllS SSW SO less Is '��4 03 "i 33, tam � QIN * FP R R, RAW N A" -t-Ve NN' �w4R "'M 5 i M OM ��& ' - Riverside North Legal Description (9-1-23) (TRACTS WEST OF SILVERBROOK DRIVE) A PORTION OF TRACT 3, TRACT 4 AND TRACT 5 OF CORRECTION CERTIFICATE OF SURVEY 15896, ON FILE AND OF RECORD IN FLATHEAD COUNTY MONTANA, LOCATED IN SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 3, SAID POINT ALSO BEING ON THE NORTH LINE OF SAID SECTION 13; THENCE N 89020'59" E, ALONG THE NORTH LINE OF SAID SECTION 13, 1143.73 FEET TO A POINT THAT IS THE INTERSECTION OF THE NORTHERLY EXTENTION OF THE WEST RIGHT -OF- WAY LINE OF SILVERBROOK DRIVE (100.00 FOOT WIDE CITY ROAD) AND THE NORTH LINE OF SAID SECTION 13; THENCE S 0039'27" E, 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF CHURCH DRIVE (60.00 FOOT WIDE COUNTY ROAD); THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SILVERBROOK DRIVE (100.00 WIDE CITY ROAD) THE FOLLOWING SEVEN (7) COURSES: 1) S 0039'27" E, 288.77 FEET TO A POINT ON A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 950.00 FEET; 2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 01' 41", AN ARC DISTANCE OF 166.27 FEET; 3) S 9022'14" W, 177.68 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1550.00 FEET; 4) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 330 38' 24", AN ARC DISTANCE OF 910.05 FEET; 5) S 24016'10" E, 51.72 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1050.00 FEET; 6) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 150 12' 21", AN ARC DISTANCE OF 278.66 FEET; 7) S 39°28'31" E, 400.65 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST MONTURE RIDGE (80.00 FOOT WIDE CITY ROAD) AND THE NORTH PERIMETER BOUNDARY LINE OF THE PLAT OF SILVERBROOK ESTATES PHASE 1, ON FILE AND OF RECORD IN FLATHEAD COUNTY MONTANA; THENCE ALONG THE NORTHWESTERLY PERIMETER BOUNDARY LINES OF SAID PLAT OF SILVERBROOK ESTATES PHASE 1 THE FOLLOWING FIFTEEN (15) COURSES: 1) S 50021'41" W, 19.63 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 235.00 FEET; 2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 530 17' 40", AN ARC DISTANCE OF 218.59 FEET; 3) N 87004'00" E, 10.00 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 225.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S 87004'00" W; 4) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 310 26' 50", AN ARC DISTANCE OF 123.49 FEET; 5) S 45016'40" W, 122.83 FEET; 6) N 41053'41" W, 82.19 FEET; 7) N 60026'31" W, 44.76 FEET 8) S 56053'45" W, 175.46 FEET; 9) S 77'21'15" W, 120.81 FEET; 10) S 44°02'25" W, 112.77 FEET; 11) S 29°27'55" W, 60.44 FEET; 12) S 41 °35'43" W, 61.51 FEET; 13) S 55°45'55" W, 127.86 FEET; 14) S 53°19'49" W, 130.13 FEET; 15) S 69°23'46" W, 414.00 FEET TO A POINT ON THE WEST LINE OF TRACT 5 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896, AND THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK; THENCE CONTINUING NORTHERLY ALONG THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK AND THE WESTERLY BOUNDARY LINES OF TRACT 5 AND TRACT 4 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896 THE FOLLOWING TWENTY THREE (23) COURSES: 1) N 05°07'36" E, 88.69 FEET; 2) N 02°19'39" W, 110.88 FEET; 3) N 14°05'56" W, 58.18 FEET; 4) N 25°23'25" W, 63.30 FEET; 5) N 34°06'26" W, 119.59 FEET; 6) N 34°06'26" W, 25.63 FEET; 7) N 65°14'58" W, 100.31 FEET; 8) N 81 °23'52" W, 91.63 FEET; 9) N 78-42'13" W, 95.30 FEET; 10) N 83°19'33" W, 17.20 FEET; 11) N 76°04'41" W, 166.47 FEET; 12) N 55°07'45" W, 84.04 FEET; 13) N 10-13'37" W, 90.96 FEET; 14) N 27°59'56" E, 221.77 FEET; 15) N 32.35" 8" E, 239.72 FEET; 16) N 13°25'40" E, 66.52 FEET; 17) N 31°18'36" E, 109.02 FEET; 18) N 43°23'07" E, 116.23 FEET; 19) N 27°44'06" E, 65.43 FEET; 20) N 20.27" 2" W, 75.56 FEET; 21) N 37°05'08" W, 39.66 FEET; 22) N 47°27'20" W, 95.41 FEET; 23) N 77'41'19" W, 165.74 FEET; THENCE LEAVING THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK AND CONTINUING NORTHERLY ALONG THE NORTHWESTERLY BOUNDARY LINES OF TRACT 4 AND THE WEST BOUNDARLY LINE OF TRACT 3 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896 THE FOLLOWING THREE (3) COURSES: 1) N 0°04'26" W, 24.47 FEET; 2) N 54°37'00" E, 203.36 FEET; 3) N 01 °49'13" W, 1320.68 FEET TO THE POINT OF BEGINNING, CONTAINING 80.97 ACRES, MORE OR LESS. Guarantee SG - SG-8013658 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company GUARANTEES the Assured named in Schedule A, against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. IN WITNESS WHEREOF, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Guarantee to become valid when countersigned on Schedule A by an authorized officer or agent of the Company. Issued through the Office of: Alliance Title & Escrow, LLC 22 2nd Ave. West, Ste. 2100, Kalispell, MT 59901 (406)752-7606 Authorized Signature OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company PO Box 879 400 Second Avenue South, Minneapolis, Minnesota 554DI (612) 371-1111 gy Attest President Secretary GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Exclusions from Coverage of this Guarantee. The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water: whether or not the matters excluded by (1), (2) or (3) are shown by the public records. (c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, alleys, lanes, ways or waterways in which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) (1) Defects, liens, encumbrances, or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the Assured; or (c) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of assurances provided. 3. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case any knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by such failure and then only to the extent of the prejudice. 4. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the rights to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured hereunder shall secure to the Company the right to prosecute or provide defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 6. Proof of Loss or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within 90 days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative ofthe Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 7. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase the indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5. 8. Determination and Extent of Liability. This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the exclusions stated in Paragraph 2. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to the defect, lien or encumbrance assured against by this Guarantee. 9. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 10. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro tanto. 11. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 12. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Asured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 13. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the Amount of Liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to this Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to: Old Republic National Title Insurance Company, 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. OLD *** ** REPUBLIC Subdivision Guarantee SCHEDULE A ORDERNO.: 646170 FEE: $200.00 1. Name of Assured: WGM Group LIABILITY: $1,000.00 GUARANTEE No. SG-8013658 2. Date of Guarantee: 9th day of August, 2023 at 7:30 A.M. The assurances referred to on the face page hereof are: That, according to the Company's property records relative to the following described land (but without examination of those Company records maintained and indexed by name): See Attached Exhibit'A' A. Name of Proposed Subdivision Plat or Condominium Map: RIVERSIDE NORTH B. The public records purport that only the hereafter named parties appear to have an interest affecting the land necessitating their execution of the named proposed plat or map: Silvermont Properties, LLLP also shown of record as Silvermont Properties, LLP C. According to the public records, the following documents purport to affect the described land: 1. County road rights -of -way not shown by the Public Records, including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 2. All minerals in or under said land including but not limited to metals, oil, gas, coal, stone and mineral rights, mining rights and easement rights or other matters relating thereto, whether expressed or implied. 3. General Taxes for the year 2022 are paid Parcel No.: 44-0012146 In the original amount of: $4,144.24 4. General Taxes for the year 2022 are paid Parcel No.: 75-0460013 In the original amount of: $4,489.68 5. Liens, levies and assessments of the Silverbrook Estates Property Owners Association. 6. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted To: Mountain States Power Company Purpose: Public Utilities Recorded: May 30, 1952 Book: 317, Pam 7. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Designation of Limited Access Highway by the State of Montana Highway Commission Recorded: December 7, 1989 Instrument No.: 89-340-0915-0 8. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Resolution No. 837A for the Creation of the Highway 93 North Zoning District Recorded: April 27, 1992 Instrument No.: 92-118-1202-0 9. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Bargain and Sale Deed to the State of Montana Department of Transportation regarding private approach and access control Recorded: July 21, 1992 Instrument No.: 92-203-1126-0 10. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted To: Flathead Power Co. Purpose: Public Utilities Recorded: May 22, 2002 Instrument No.: 2002-142-08300 11. Easements, restrictions, reservations and dedications, as shown on Certificate of Survey No. 15896. 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: H & V Koenig Limited Partnership Purpose: Easement for ingress and egress for the purposes of exploration, development, production, storage and removal of reserved minerals Recorded: September 20, 2005 Instrument No.: 2005-263-1504-0 AND Recorded November 11, 2005 as Instrument No. 2005-320-1634-0 And Recorded December 4, 2012 as Instrument No. 2012- 00028922 And Recorded December 7, 2012 as Instrument No. 2012-00029322 13. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted To: Flathead Power Co. Purpose: Public Utilities Recorded: March 2, 2006 Instrument No.: 2006-061-08180 14. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Resolution No. 5129B Highway 93 North Growth Policy Amendment Recorded: August 11, 2006 Instrument No.: 2006-223-08320 15. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Resolution NO. 5168 for alteration of city boundaries by the City of Kalispell Recorded: December 18, 2006 Instrument No.: 2006-352-1545-0 16. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Petition to Annexation and Notice to Withdrawal From Rural Fire District Recorded: December 18, 2006 Instrument No.: 200635216460 17. Covenants, conditions and restrictions, but omitting any covenant or restriction based on race, color, religion, sex, sexual orientation, disability, handicap, familial status, marital status, ancestry, national origin or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recorded: March 5, 2008 Instrument No.: 2008-00006090 18. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Transfer Water Rights Recorded: March 18, 2008 Instrument No.: 2008-00007415 19. Covenants, conditions and restrictions, but omitting any covenant or restriction based on race, color, religion, sex, sexual orientation, disability, handicap, familial status, marital status, ancestry, national origin or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recorded: March 26, 2008 Instrument No.:200800008099 Modification(s) of said covenants, conditions and restrictions Recorded: January 28, 2010 Instrument No:2010-00002264 Further modifications of said covenants, conditions and restrictions Recorded: January 21, 2011 Instrument No.:2011-00001589 Further modifications of said covenants, conditions and restrictions Recorded: January 12, 2015 Instrument No.: 201500000659 Further modifications of said covenants, conditions and restrictions Recorded: May 20, 2015 Instrument No.: 201500009666 Further modifications of said covenants, conditions and restrictions Recorded: January 18, 2017 Instrument No.: 201700001126 Further modifications of said covenants, conditions and restrictions Recorded: September 15, 2020 Instrument No.: 202000031669 Further modifications of said covenants, conditions and restrictions Recorded: January 15, 2021 Instrument No.: 202100001872 Further modifications of said covenants, conditions and restrictions Declaration of Annexation Recorded: July 21, 2023 Instrument No.: 202300011090 20. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Assignment of Declarant Rights to Silvermont Properties, LLLP Recorded: October 13, 2015 Instrument No.: 2015-00023732 21. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Planned Unit Development Agreement Silverbrook Estates Subdivision Recorded: April 29, 2008 Instrument No.: 2008-00011582 22. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Ordinance No. 1597 City of Kalispell Zoning Recorded: April 20, 2009 Instrument No.: 2009-00009936 23. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Latecomers Agreement for Reimbursement for Municipal Water and Sewer Systems Extensions Recorded: April 29, 2009 Instrument No.: 2009-00011958 AND Assignment of Latecomers Agreement Recorded: October 8, 2015 Instrument No.: 201500023733 24. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: Daniel D. Koenig and Janet L. Schwalk Purpose: together with rights of ingress and egress Recorded: December 4, 2012 Instrument No.: 2012-00028922 25. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: D&J Koenig Holdings, LLC Purpose: together with rights of ingress and egress Recorded: December 7, 2012 Instrument No.: 2012-00029322 26. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Ordinance No. 1785, an Ordinance authorizing and adopting an amendment Recorded: March 24, 2017 Instrument No.: 201700006020 27. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Easements for Access, Utilities and Drainage Recorded: April 14, 2020 Instrument No.: 202000009453 28. A Mortgage to secure an indebtedness as shown below secured thereby: Amount $8,000,000.00 Mortgagor: Silvermont Properties Mortgagee: KirVs Tire (Lethbridge) LTD Dated: September 30, 2015 Recorded: October 8, 2015 Instrument No.: 201500023730 29. A Financing Statement filed in the Office of the County Recorder showing: Debtor: Silvermont Properties, LLLP Secured Parry: KirVs Tire (Lethbridge) Ltd. Recorded: October 8, 2015 Instrument No.: 201500023731 No guarantee is made regarding any liens, claims of liens, defects or encumbrances other than those specifically provided for above, and, if information was requested by reference to a street address, no guarantee is made that said land is the same as said address. Countersigned: 5g� Authorized Officer or Agent File No. 646170 Exhibit `A' A PORTION OF TRACT 3, TRACT 4 AND TRACT 5 OF CORRECTION CERTIFICATE OF SURVEY 15896, ON FILE AND OF RECORD IN FLATHEAD COUNTY MONTANA, LOCATED IN SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 3, SAID POINT ALSO BEING ON THE NORTH LINE OF SAID SECTION 13; THENCE N 89°20'59" E, ALONG THE NORTH LINE OF SAID SECTION 13, 34.14 FEET; THENCE S 1°49'13" E, ALONG THE WEST BOUNDARY LINE OF TRACT 1 OF CERTIFICATE OF SURVEY 18842, ON FILE AND OF RECORD IN FLATHEAD COUNTY MONTANA, 309.32 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE N89°20'59" E, ALONG THE SOUTH LINE OF TRACT 1 OF SAID CERTIFICATE OF SURVEY 18842, 171.65 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE N 25°29'37" E, ALONG THE SOUTHEASTERLY BOUNDARY LINE OF TRACT 1 OF SAID CERTIFICATE OF SURVEY 18842, 344.50 FEET TO THE NORTH LINE OF SAID SECTION 13; THENCE N 89°20'59" E, ALONG THE NORTH LINE OF SAID SECTION 13, 779.83 FEET TO A POINT THAT IS THE INTERSECTION OF THE NORTHERLY EXTENSION OF THE WEST RIGHT-OF- WAY LINE OF SILVERBROOK DRIVE (100.00 WIDE CITY ROAD) AND THE NORTH LINE OF SAID SECTION 13; THENCE S 0°39'27" E, 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF CHURCH DRIVE (60.00 FOOT WIDE COUNTY ROAD); THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SILVERBROOK DRIVE (100.00 WIDE CITY ROAD) THE FOLLOWING SEVEN (7) COURSES: 1) S 0°39'27" E, 288.77 FEET TO A POINT ON A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 950.00 FEET; 2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 01' 41", AN ARC DISTANCE OF 166.27 FEET; 3) S 9°22'14" W, 177.68 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1550.00 FEET; 4) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 38' 24", AN ARC DISTANCE OF 910.05 FEET; 5) S 24°16'10" E, 51.72 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1050.00 FEET; 6) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 12' 21", AN ARC DISTANCE OF 278.66 FEET; 7) S 39°28'31" E, 400.65 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST MONTURE RIDGE (80.00 FOOT WIDE CITY ROAD) AND THE NORTH PERIMETER BOUNDARY LINE OF THE PLAT OF SILVERBROOK ESTATES PHASE 1, ON FILE AND OF RECORD IN FLATHEAD COUNTY MONTANA; THENCE ALONG THE NORTHWESTERLY PERIMETER BOUNDARY LINES OF SAID PLAT OF SILVERBROOK ESTATES PHASE 1 THE FOLLOWING FIFTEEN (15) COURSES: 1) S 50°21'41" W, 19.63 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 235.00 FEET; 2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53° 17' 40", AN ARC DISTANCE OF 218.59 FEET;3) N 87°04'00" E, 10.00 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 225.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S 87°04'00" W; 4) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31 ° 26' 50", AN ARC DISTANCE OF 123.49 FEET; 5) S 45°16'40" W, 122.83 FEET; 6) N 41 °53'41" W, 82.19 FEET; 7) N 60°26'31" W, 44.76 FEET 8) S 56°53'45" W, 175.46 FEET; 9) S 77-21'15" W, 120.81 FEET; 10) S 44°02'25" W, 112.77 FEET; 11) S 29°27'55" W, 60.44 FEET; 12) S 41 °35'43" W, 61.51 FEET; 13) S 55°45'55" W, 127.86 FEET; 14) S 53°19'49" W, 130.13 FEET; 15) S 69°23'46" W, 414.00 FEET TO A POINT ON THE WEST LINE OF TRACT 5 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896, AND THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK; THENCE CONTINUING NORTHERLY ALONG THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK AND THE WESTERLY BOUNDARY LINES OF TRACT 5 AND TRACT 4 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896 THE FOLLOWING TWENTY THREE (23) COURSES: 1) N 05°07'36" E, 88.69 FEET; 2) N 02°19'39" W, 110.88 FEET; 3) N 14°05'56" W, 58.18 FEET; 4) N 25°23'25" W, 63.30 FEET; 5) N 34°06'26" W, 119.59 FEET; 6) N 34°06'26" W, 25.63 FEET; 7) N 65°14'58" W, 100.31 FEET; 8) N 81 °23'52" W, 91.63 FEET; 9) N 78°42'13" W, 95.30 FEET; 10) N 83°19'33" W, 17.20 FEET; 11) N 76°04'41" W, 166.47 FEET; 12) N 55°07'45" W, 84.04 FEET; 13) N 10-13'37" W, 90.96 FEET; 14) N 27°59'56" E, 221.77 FEET; 15) N 32°35'18" E, 239.72 FEET; 16) N 13°25'40" E, 66.52 FEET; 17) N 31 °18'36" E, 109.02 FEET; 18) N 43°23'07" E, 116.23 FEET; 19) N 27°44'06" E, 65.43 FEET; 20) N 20°27'12" W, 75.56 FEET; 21) N 37°05'08" W, 39.66 FEET; 22) N 47°27'20" W, 95.41 FEET; 23) N 77°41'19" W, 165.74 FEET; THENCE LEAVING THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER MARK AND CONTINUING NORTHERLY ALONG THE NORTHWESTERLY BOUNDARY LINES OF TRACT 4 AND THE WEST BOUNDARY LINE OF TRACT 3 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896 THE FOLLOWING THREE (3) COURSES: 1) N 0°04'26" W, 24.47 FEET; 2) N 54°37'00" E, 203.36 FEET; 3) N 01 °49'13" W, 1320.68 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT TO BE KNOW AS RIVERSIDE NORTH ORT Form 3797a Subdivi I �1 I LD 1D+ i �I a i MA I � I s � i I � 3A 3AA 3BA 5AD 1t' +� ?A I I ifl$ i ear 62 fii 41` - c E~0 i[k0. '1fl3 �9 59 58 104 7 W g 07` t06< 1tl5` "This plai is piovlded solely for the nir crErK T pup pose of a.Ssisting in lucating The iarrd I 58 65 97 and the Company assumes no liahilitq for f. 4ariations, if any, uuith the actual survey. 55 r Ten J At LIAN( t T1)1..( St_.I(U44 iA 54 r a Tar _` #i4 OPEN PAGE 53 _ 931 a 91 73 � qq2 "13�-29— L 52 12 �L 71 R RC)OK �g� a 2 10 After recording, return to: James M. Ram low Ram low & Rudbach, PLLP 401 Baker Avenue Whitefish, MT 59937 ��rg�+ 111111111IIII1111111��������������� 11111111111111111111111111111111111111111111111111111page: I of 6 Page: of 6 Debbie Pierson, Flathead CountyMT by DD Fees: $35.00 10/8/2015 3:48 PM WARRANTY DEED FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged 93 and Church, LLC, with mailing address of c/o Mannco LLC, 12744 San Fernando Road, Suite 600, Sylmar, California 91342 ("Grantor") grants unto Silvermont Properties, LLLP, with mailing address of 622 St. Andrews Drive, Columbia Falls, Montana 59912 ("Grantee"), real property located in Madison County, Montana more particularly described below as: See Exhibit l TOGETHER with all buildings, fixtures and improvements thereon and all rights -of -way, tenements, hereditaments, privileges and appurtenances thereto. TO HAVE AND TO HOLD unto Grantee, and Grantee's successors and assigns, forever, SUBJECT TO THE FOLLOWING: (a) Reservations and exceptions in patents from the United States and the State of Montana. (b) Existing easements and rights -of -way of record, and existing encroachments of record, if any. (c) Mineral and royalty reservations and conveyances of record. (d) Building, use, zoning, sanitary and environmental restrictions, requirements, notices, waivers and all other items of record. (e) Taxes and assessments for 2015 and subsequent years. EXCEPT with reference to the items referred to in paragraphs (a) to (e) inclusive, this deed is given with the usual covenants expressed in Montana Code Annotated § 30-11-110. IIIII it�� ��� I�I� ���� Uz , , Fees: $35.00 10/8/2015 3:48 PM GRANTOR: 93 and Church, LLC By: OOSHEH O ANI, Manager STATE OF 4L V �O v",t a ) :ss COUNTY OF I. -or A„ e aW ) This instrument was acknowledged before me on by ANOOSHEH BOSTANI, as Manager and 93 and Church, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ------------------- CECIM PLUMS Con-0-881al #► 2118M is Nobly Public- Cdit rfdo Los A"ft County M CoaW b fieJul10 2010 ft't�,ature] MCI1.1 A M 8 [printed name] Notary Public for the State of —CA— Residing at Qran" {jirllc 04 [city/state] My commission expires: jt.,,lj, 20 Iq IIIIIIII II II IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II IIII IIII IIII Fees: $35.001tl 10/8/2015 3:48 PM EXHIBIT 1' TRACT OF LAND IN THE NORTH HALF OF THE NORTHEAST QUARTER AND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: TRACT 3 OF CORRECTED CERTIFICATE OF SURVEY NO. 15896 EXCEPTING THEREFROM THAT PORTION OF SILVERBROOK ESTATES PHASE 1 AND SILVERBROOK ESTATES PHASE 1A ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE MONTANA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY PURPOSES IN BARGAIN AND SALE DEED RECORDED MAY 23, 2006 AS INSTRUMENT NO.2006-143-14550 AND RECORDED APRIL 5, 2006 AS INSTRUMENT NO. 2006-095- 15020. . TM A TRACT OF LAND IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND IN THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: TRACT 4 OF CORRECTED CERTIFICATE OF SURVEY NO. 15896 EXCEPTING THEREFROM THAT PORTION OF SILVERBROOK ESTATES PHASE 1 AND SILVERBROOK ESTATES PHASE 1A AND TRACT 1 OF CERTIFICATE OF SURVEY NO. 18373 AND A TRACT OF LAND IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND IN THE NORTH HALF OF THE SOUTHEAST QUARTER AND IN THE NORTHEAST OF THE SOUTHWEST QUARTER SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: TRACT 5 OF CORRECTED CERTIFICATE OF SURVEY NO. 15896 EXCEPTING THEREFROM THAT PORTION OF SILVERBROOK ESTATES PHASE 1 AND SILVERBROOK ESTATES PHASE 1A AND TRACT 1 OF CERTIFICATE OF SURVEY NO. 18373 ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE MONTANA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY PURPOSES IN BARGAIN AND SALE DEED RECORDED APRIL 5, 2006 AS INSTRUMENT NO. 2006-095-15020. III IIII II IIIII III IIII IIIII IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIIIIII�I IIII IIII Pape Oa of 6 <ct AND Fees: $35.00 10/B/2015 3:46 PM LOTS 1, 2, 3, 4, 5, 7, 8, 9, 12, 13, 14, 15 AND 16 OF BLOCK 4 OF SILVERBROOK ESTATES PHASE 1; LOT 25 OF BLOCK 16 OF SILVERBROOK ESTATES PHASE 1; LOTS 31, 33, 35, 40, 41, 42, 43, 44 AND 45 OF BLOCK 17 OF SILVERBROOK ESTATES PHASE 1; LOTS 50, 51, 52 AND 53 OF BLOCK 18 OF SILVERBROOK ESTATES PHASE 1; LOTS 59, 61, 62, 63 AND 64 OF BLOCK 19 OF SILVERBROOK ESTATES PHASE 1; LOTS 65, 66, 67, 68, 69, 70, 71, 72, 74, 75 AND 76 OF BLOCK 20 OF SILVERBROOK ESTATES PHASE 1; LOTS 77, 78, 79, 80, 81, 82, 83, 86, 87, 88 AND 89 OF BLOCK 21 OF SILVERBROOK ESTATES PHASE 1; LOTS 90, 91, 94, 95, 96 AND 97 OF BLOCK 22 OF SILVERBROOK ESTATES PHASE 1; LOTS 99, 100, 101, 102, 103, 104, 105, 106 AND 107 OF BLOCK 23 OF SILVERBROOK ESTATES PHASE 1; LOTS 272, 273, 274, 275, 276, 278, 279, 280, 281, 282, 284 AND 285 OF BLOCK 1 OF SILVERBROOK ESTATES PHASE 1A; LOTS 259, 261, 262, 263, 264, 265, 266, 267, 268 AND 269 OF BLOCK 2 OF SILVERBROOK ESTATES PHASE 1A; A 1. IIIIIIIIII I�IIIII IIIIIIIIIIII1IIIII Oil IIIII Hill IIIII IIIII IIIII I1III IIII IIIII1IIII�III Page: 5 of 6 zK Fees: $35.00 1-0/8/2015 3:48 PM LOTS 248, 249, 250, 251, 252, 256, 257 AND 258 OF BLOCK 3 OF SILVERBROOK ESTATES PHASE 1A; LOTS 231, 233, 234, 235, 236, 237, 238, 240, 241, 242, 244, 245, 246 AND 247 OF BLOCK 5 OF SILVERBROOK ESTATES PHASE 1A; LOTS 223, 224, 225, 226, 228, 230 OF BLOCK 6 OF SILVERBROOK ESTATES PHASE 1A; LOTS 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220 OF BLOCK 7 OF SILVERBROOK ESTATES PHASE 1A; LOTS 174, 175, 176, 188, 189 AND 190 OF BLOCK 8 OF SILVERBROOK ESTATES PHASE 1A; LOTS 177, 178, 180, 181, 182, 183 AND 185 OF BLOCK 9 OF SILVERBROOK ESTATES PHASEIA; LOTS 158, 159, 161, 162, 163, 164, 165, 166, 167, 168, 170 AND 171 OF BLOCK 11 OF SILVERBROOK ESTATES PHASE 1A; LOT 156 OF BLOCK 12 OF SILVERBROOK ESTATES PHASE 1A; LOTS 137, 138, 139, 140, 141, 142, 144 AND 145 OF BLOCK 13 OF SILVERBROOK ESTATES PHASE 1A; LOTS 121, 123, 124, 125, 126, 127, 128 AND 136 OF BLOCK 14 OF SILVERBROOK ESTATES PHASE 1A; LOTS 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119 AND 120 OF BLOCK 15 OF SILVERBROOK ESTATES PHASE 1A; OPEN SPACE IN SILVERBROOK ESTATES PHASE 1; OPEN SPACE IN SILVERBROOK ESTATES PHASE 1A; ALL ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. IIIIIIIIIIIIIIIIIilllllllllllllllllllHill 111111111111l111111llllllllllllll11ill IllllIN Page:6of0 ,6 Fees. $35.00 10/8/2015 3:48 PM Assessors# 0 506266 0506313 0504815 0605548 0506267 0506314 0504816 0506226 0506268 0506315 0504817 o506232 0506269 0506316 0604818 0506233 0506270 0506317 0504819 0506234 0506271 0506318 0506347 0506236 0505604 0506319 506348 0506237 0506272 0506320 0506349 506238 0 506273 0506321 506351 0506239 0506274 0506322 0506352 0506240 0506275 0506323 0506353 0506242 0506028 0505688 0506354 o506243 0505614 0505689 506355 0505563 0506276 0506324 0506356 0506246 0506277 6506325 6506357 o 506247 0506278 0506326 0504831 0506248 0 506279 0506327 0506358 D 506249 0506280 0506328 0506359 0506251 0506281 0505696 0606360 0506252 0506282 0505697 0506361 0 506253 0506283 0505699 0506362 o 506029 0506284 0505702 0506363 0506030 0506286 0506329 0506364 0505576 0506287 0506330 0506365 0506254 0506288 0506331 0506366 o 506255 0506289 0506332 0506367 0506257 0506292 0505716 0504848 O 506258 0506293 0506334 0506368 0506259 0506294 0506335 0506369 0504763 0506295 0506336 6506370 0506158 05.062296 d 5W337 0504864 0506159 o 506297 0506338 0 506371 O 506160 0506298 0 506339 0506372 0506161 o 506299 0506340 0506373 O 506163 0 506301 0506341 0506374 0506164 0506302 0506343 0506375 0506165 o 506303 0506345 0506376 0506168 0 506304 O 506346 0506377 0506169 0506305 0504777 0506378 0506170 0506173 504784 o 0 /a y 6 V (Q0 0 /3 00 / ,�j S5 O 0 /3 $ 5 Cp 0506171 0 506174 rj504786 0506172 0506175 0504788 0505587 a506177 0504793 0506260 0506178 0506180 0 506261 0506179 0506181 0506262 0505655 0 506182 0506034 0 506306 0 506183 0506263 0506307 0506184 0506264 0506308 0 504804 506186 506187 504813 i I From: Stephanie Campbell <scampbell@flathead.mt.gov> Sent: Friday, September 1, 2023 4:38 PM To: Madeleine Porter Cc: 'Planning@kalispell.com' Subject: RE: Silverbrook Estates - Riverside North PUD - Legal Description Review Request Attachments: Riverside North perimeter legal 7-26-23.pdf [EXTERNAL EMAIL] Only open attachments or click on links from senders you trust. Hi Madeleine, The title says Tracts West of Silvermont Drive. Please correct Silverbrook Drive This legal description is recordable. I have cc City of Kalispell as well. Sincerely, Stephanie Campbell Flathead County Plat Room scampbell@flathead.mt.gov 406-758-5510 From: Madeleine Porter <mporter@wemeroup.com> Sent: Thursday, August 31, 2023 12:24 PM To: Plat Room <Plat@flathead.mt.eov> Cc: Mike Brodie <mbrodie@wemeroup.com>; Kristine McMahon <kmcmahon@wemeroup.com>; Benjamin J. Rankin <brankin@wemeroup.com> Subject: Silverbrook Estates - Riverside North PUD - Legal Description Review Request Hello, WGM Group is requesting the attached Legal Description for Riverside North (a phase within the Silverbrook Estates Subdivision) be reviewed for the PUD submittal. Please feel free to contact me if you have any questions, comments, or concerns. Thank you, Madeleine Porter, El Staff Engineer M : 801-433-8581 0: 406-728-4611 1111 East Broadway Missoula, Montana 59802 www.wgmgroup.com WGMGROUP Cummunity Valuos Inspirod Futuroe. u 17s 1J jam] Upon recording, please return to: Donald R. Murray Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P. P. O. Box 759 Kalispell, MT 59903-0759 �zW800008099 IIIIIIIIII IIIIIIINIIINIIINIIIIIIIIIIillllllllllllnlllllllllllllllllllllllllllllll Fees: $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM �J DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS �- FOR SILVERBROOK ESTATES A RESIDENTIAL AND COMMERCIAL DEVELOPMENT IN KALISPELL, MONTANA April 1, 2008 THIS DECLARATION of Covenants, Conditions, Restrictions and Reservations is made for the purpose of establishing and governing Silverbrook Estates, a mixed _ residential and commercial development in the city of Kalispell in Flathead County, Montana. The Declaration is made by the owner and developer of the property, 93 and Church, LLC, a Montana limited liability company referred to herein as the "Declarant." The Declaration shall be effective April 1, 2008. RECITALS r` JTHE DECLARANT is the owner of certain real property situated in Flathead L( `� County, Montana, which is more particularly described on Exhibit A attached to this Declaration and by this reference made a part hereof. This property is the site of a mixed u residential and commercial development to be known as "Silverbrook Estates," +J sometimes referred to herein as the "Property;" and �u THE DECLARANT desires to subject the Property, together with all the buildings and other improvements now or hereafter constructed thereon, as well as all t�--'x appurtenances to the Property, to this Declaration; and Ju THE DECLARANT further desires to establish for its own benefit and for the 1�1� mutual benefit of all future owners of the Property, or any part thereof, certain covenants, 'J41conditions, restrictions, easements, rights, privileges, assessments and liens as set forth herein which shall encumber and run with the Property and shall apply to all buildings and other improvements now or hereafter constructed thereon; and Declaration of Covenants — Silverbrook Estates Page - I - III�IIIYIIIIII111111111111111INIIII IN11111111111111111111II1II11111l1lll11111111 Page°2 of 35 9 Fees: $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM THE DECLARANT intends that the future owners, and all other persons who may acquire an interest in the Property shall at all times hold their interest subject to the burdens of, and enjoy the benefits of, the provisions of this Declaration which is made and recorded in furtherance of establishing an outstanding and environmentally sensitive residential and commercial community governed by this Declaration and its rules for the use, occupancy, management and enjoyment of the Property, which rules are designed to protect and enhance the value, desirability and attractiveness of the Property and all buildings and other improvements constructed thereon, while minimizing any negative impacts the development may have on the natural environment. ARTICLE I DECLARATION AND IMPOSITION OF COVENANTS AND STATEMENT OF DEVELOPMENT PHILOSOPHY Section 1.1 Statement of Purpose: The purpose of the Declarant in making this Declaration and subjecting the Property to it is to create an outstanding and carefully planned mixed residential and commercial community to be known as Silverbrook Estates (the "Project' or "Silverbrook Estates"). The purpose of this document is to assist Owners in Silverbrook Estates by providing a framework for the design, construction, maintenance and use of their individual property within the subdivision. This will allow each individual project to contribute to the long- term goal of creating a development that compliments and enhances the surrounding natural environment. This document also explains the rules and restrictions that are intended to protect the landscape, wildlife, and use of property for the protection and enjoyment of all Owners in Silverbrook Estates. This document together with the Silverbrook Estates Design Guidelines also outlines appropriate architectural elements that reflect the specific context and environment of Silverbrook Estates. Specific Objectives of this Declaration are: ■ To protect and enhance the natural environment, wildlife and individual property values; ■ To respect environmental conditions as well as neighbors; ■ To impose architectural criteria for buildings which allow for individual expression but also establish clearly delineated parameters; ■ To address all types of development and property use, including buildings, landscaping, maintenance, water usage, fences, signs, driveways, utility installation, parking, lighting and maintenance. Declaration of Covenants — Silverbrook Estates Page - 2 - IIIIIIIII IIIII IIIII�IIIIIIIIIIIJill IIII III III III Jill IIIIIIIIIIIIIII Jill III III III IIII Pege03 of 35 F99 es:$245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM Section 1.2 Right to Expand: The Declarant may acquire in the future additional real estate which it may desire to incorporate into Silverbrook Estates (the "Expansion Property"), and the Declarant has reserved the right, but will not be obligated, to incorporate the Expansion Property in whole or in part in accordance with the annexation procedures set forth in Article XVIII below, so that the Expansion Property, if and when annexed and developed, will be treated as an integral part of the planned community of Silverbrook Estates. Section 1.3 Imposition of Covenants: To accomplish the purposes outlined above, the Declarant hereby declares that from the date of recording this Declaration forward, the Property will constitute a planned community known as Silverbrook Estates, and will be held, sold and conveyed subject to the covenants, conditions, restrictions, easements and other reservations set forth herein (collectively, the "Covenants"), The Covenants will run with the land and will be binding upon all persons and entities having any right, title, or interest in all or any part of the Property (including Declarant) and their heirs, successors and assigns, as well as their tenants, employees, guests and invitees. These Covenants will inure to the benefit of each Owner of the Property. ARTICLE II DEFINITIONS The following terms are given the definitions set forth below, and when used in this Declaration the defined terms are capitalized. Section 2.1 Association and P.O.A. shall mean the Silverbrook Estates Property Owners Association. The Association may be incorporated as a Montana nonprofit corporation, with its Members as the residential Lot Owners. The Declarant reserves the right to create associations of the commercial property owners and/or the townhome Lot owners, as well as a master association with over -arching jurisdiction over the other associations. Declarant reserves the right to structure these associations of the Silverbrook property owners in the manner Declarant believes best serves the interests of Silverbrook Estates. Section 2.2 Contract Purchaser shall mean a person buying a Lot pursuant to a contract for deed, Montana Trust Indenture or mortgage. Section 2.3 Covenants shall refer to the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates (this document). Section 2.4 Declarant shall mean and refer to 93 and Church, LLC, and its successors and assigns. Section 2.5 Directors shall mean the Board of Directors of the Association, and shall consist of a President, Vice President, Secretary and Treasurer, who shall be Declaration of Covenants — Silverbrook Estates Page - 3 - IIIIIIII II II I III IIAI IIII IIII IIIII IIIIIIIIIIIIIIIIIlI IIIIIIIIIIIIIIIIII II I IIIIIII IIII P200800 ageo4 of 35 9 Fees: $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM elected at the annual meeting by a simple majority of the Members of the Association, and a Commercial Representative to be designated by the commercial Lot Owners. Section 2.6 Design Guidelines shall mean the guidelines and rules adopted and amended and supplemented from time to time by the Design Review Committee. Section 2.7 Improvement(s) shall mean all buildings, parking areas, loading areas, fences, walls, hedges, plantings, lighting, poles, driveways, roads, ponds, lakes, trails, gates, signs, changes in any exterior color or shape, excavation and all other site work, including, without limitation, grading, road construction, utility improvements, removal of trees or plantings, and any new exterior construction or exterior improvement which may not be included in the foregoing. Improvement(s) does not include turf, shrub, or tree repair or replacement or changes to existing buildings which do not change exterior colors or exterior appearances. Improvement(s) does include both original improvements and all later changes to improvements Section 2.8 Lot(s) shall mean all of the real property herein described and subsequently surveyed and platted into lots as Silverbrook Estates development, according to the official plats thereof filed of record in the office of the Clerk and Recorder of Flathead County, Montana. There will be lots for individual residences, townhome lots and commercial lots. Section 2.9 Majority shall mean fifty-one percent (51%) or more of cast votes in reference to the Association and its Members. Section 2.10 Member shall mean any Owner or Lot Owner of a residential Lot. Each Member or Owner agrees to abide and be bound by these Covenants, the Articles of Incorporation, and the Bylaws and the Resolutions of the Property Owners Association. Section 2.11 Open Space or Common Area shall mean all of the property conveyed to the Association for use by the Association and its Members and Owners in common including roads, trails, parks and waterways. Common Area also includes those areas not conveyed to the Association, but with respect to which the Association has responsibility, such as boulevards, sidewalks and landscaped areas within road rights -of - way owned by the City of Kalispell. Section 2.12 Owner or Lot Owner shall mean any person or entity owning a fee simple interest in a Lot or a Contract Purchaser, whether one or more persons or entities, owning or purchasing a Lot, but excluding those having a mortgage or an interest merely as security for the performance of an obligation, provided, however, that prior to the first conveyance of a Lot for value, the term "Owner" shall mean "Declarant' or its successors or assigns. The term "person" hereinafter shall include any person, persons or entities. Section 2.13 Period of Declarant Control shall mean the period beginning on the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana, and ending on the earlier of: (i) the date which is seven (7) Declaration of Covenants — Silverbrook Estates Page - 4 - IIIIIIIIIVIIIVIIIVIIIYIIIVIIIVIIIIIIIIIIIIIVIIIVIIIYIIIYIIIYIIIiIIII III IN IIII Page: 5o0f 35 Fees; $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM years later, or (ii) the date on which the Declarant has sold seventy-five percent (75%) of the Lots in Silverbrook Estates, including any annexations or additions to the subdivision. The Period of Declarant Control may be reinstated or extended by agreement between Declarant and the Association, subject to whatever terms, conditions, and limitations the Board of Directors may impose. After the termination of the Period of Declarant Control, Declarant, if still an Owner, will continue to have all the rights and duties ordinarily given to Owners under this Declaration. Section 2.14 Property means and includes the property described on Exhibit A and initially subjected to this Declaration, and also refers to any additional real property that may be incorporated in the Project from time to time and made subject to these Covenants pursuant to the provisions of this Declaration. Section 2.15 Other Definitions: Other definitions may be found throughout these Covenants. Any term not specifically defined shall be deemed to have its common and ordinary meaning. ARTICLE III CONFIDENTIALITY Section 3.1 Duty of Confidentiality: Silverbrook Estates and its P.O.A. shall maintain the confidentiality of information at all times. This requirement recognizes that Owners have a reasonable right to privacy and that an Owner could be harmed by an unjust or unfounded allegation of a violation of a Covenant or rule relating to the Property. At the same time, Owners who report violations should be able to do so without fear of reprisal. Section 3.2 Importance of Confidentiality: In situations involving alleged violations of the Covenants, confidentiality facilitates interaction between the Association and its Members. Communication can be less guarded and more direct than it would be with a public process. Confidentiality helps the Association determine the facts in disputes involving neighbors. Complaints and counter -complaints from neighbors sometimes arise; sometimes these are legitimate, sometimes they are exaggerated or fabricated. Confidentiality helps in distinguishing facts from feelings in such cases. Confidentiality also guards against adverse publicity and public misunderstanding for individual Owners and for the Association. Section 3.3 Disclosure in Reporting: Those who report covenant or rule violations to the Association must disclose their identity, but the Association shall take care to protect the confidentiality of such reports. Reports of violations shall be submitted in writing and signed. Generally, reports submitted anonymously to the Association will not be investigated or pursued. There are several reasons for this policy: Declaration of Covenants — Silverbrook Estates Page - 5 - (IIIII Ili ll�l IIN IIIIIIIIIIIIIIIIIIIIIIIIIIIII�II4 IIII IIIII II IIIIIII �IIII Page:6 of 35g Fees. $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM 3.3.1 The requirement that reports of violations be signed and in writing allows the Association to contact the reporter when additional information is needed. An anonymous report affords insufficient means for follow-up. 3.3.2 Requiring disclosure of a violation reporter's identity to the Association significantly reduces the number of frivolous or unnecessary complaints. Anonymous complaints are often less reliable than those in which the reporter's identity is disclosed. 3.3.3 The Association cannot initiate enforcement action without just cause. Written complaints document that cause. This helps internally within the Association; directors who must act on a problem can be assured that a reliable rendition of the complaint exists. If the matter results in legal action, written documentation is in the hands of the Association. ARTICLE IV SILVERBROOK ESTATES PROPERTY OWNERS ASSOCIATION Section 4.1 Establishment of Association: An association is hereby established known as "Silverbrook Estates Property Owners Association" hereinafter referred to as the P.O.A. or the Association. Said Association may be incorporated under a different name as may be determined by the Association and approved by the Montana Secretary of State. Section 4.2 Association Membership and Voting Rights: Every Owner or contract purchaser of a residential Lot shall be a member of the Silverbrook Estates Property Owners Association. Membership shall be appurtenant to and may not be separated from the ownership of any Lot. Each Owner shall be responsible for notifying the Association of their acquisition of ownership, of their mailing address, and of any subsequent changes of ownership or mailing address. The initial address of the Association shall be 33 Hunter Circle, Suite 1, Kalispell, Montana 59901. The address of the Association may be changed by the Board of Directors upon notice to the Owners. All members will be entitled to vote on Silverbrook Estates Property Owners Association matters on the basis of one vote for each Lot owned. When more than one person holds an interest in a Lot, all such persons will be Members, but they may cast only one vote for each Lot with such vote to be cast in such manner as those multiple owners may determine among themselves. For the purpose of determining membership at any meeting, a person or entity shall be deemed to be a Member upon the recording of a duly executed deed to that Owner, or upon the recording of a notice of a purchaser's interest or an abstract of a contract for deed showing a contract purchase by an Owner. The legal title retained by the vendor selling under contract shall not qualify such vendor for membership. Declaration of Covenants — Silverbrook Estates Page - 6 - IIIIIIIIINIIINIIIIIIINIIIIIIIIIIIIIIIiIIVIIIVIIINIIINIIIIIIIIIIIIIIIIIIVIIIVIIII Page:7of. 359 Paula Robinson, Flathead County M7 by NFees:$245.00 C 3/26/200. 4:00 PM Foreclosure of a mortgage, trust indenture or the termination or foreclosure of a contract for deed wherein title is vested in the mortgagee, beneficiary or original seller on a contract, or repossession for any reason of a Lot sold under a contract shall terminate the vendee's membership, whereupon all rights to such membership shall vest in the legal owner. Section 4.3 Association Meetings: The annual meeting of the Association shall occur on the third Wednesday of June each year. Special meetings may be called by the President, or in the absence of the President, by the Vice -President. In addition, a special meeting shall be held upon the call of fifty percent (50%) of the Owners. Special meetings shall require seven (7) days notice, in writing. Notice of annual and special meetings shall be mailed to Owners at the address for each Owner as maintained by the Association. The presence of Members, in person or by written proxy, representing thirty percent (30%) of the total votes of the membership shall constitute a quorum. At the annual meeting, the Members shall review and approve a budget for the next year, elect Directors to fill any expired term or vacant position, and conduct such other business as shall be reasonable or necessary to carry out the purposes of the Association. The Members shall have the authority to set the number of Directors, which number shall not be less than three (3) or more than seven (7). The annual meeting of the Board of Directors shall be held immediately after the annual meeting of the Members. At the annual meeting, the Directors shall elect a President, Vice -President, Secretary and a Treasurer for the Association from among the Directors, except that the Secretary and Treasurer may be Members who are not Directors. Section 4.4 Turnover Meeting: The Declarant reserves the right, at any time before the expiration of the Period of Declarant Control, to call a special meeting of the Association for the purpose of transferring control of the Associating to the Members. Should the Declarant call such a meeting, it shall present to the Members its plan for the orderly transfer of control the Association to the Members, and the Members will be obligated to accept control of the Association in accordance with such plan. Section 4.5 Terms of Directors: The Directors shall serve for a term to be set by a simple majority of the Members, which shall be for not less than one year. Each Director shall serve until replaced by his or her successor. Any vacancy on the Board of Directors occurring before the next annual meeting of the Members shall be filled by appointment or special election as determined by the remaining Directors. Section 4.6 Board Powers: The Board of Directors shall have the power and responsibility of acting on behalf of the Association and its members as shall be reasonably necessary to carry out the purposes of the Association, including but not limited to taking such actions as shall be necessary or reasonable to care for, protect and maintain the Open Space and Common Areas; to enforce these Covenants and the Design Declaration of Covenants — Silverbrook Estates Page - 7 - IIIIVIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIINIIIVIillllll P21111,300 age08 of 359 Fees. $245.00 Paula Robinson, Flathead County MT by NC _ 3/26/2008 4:00 PM Guidelines; to levy and collect assessments; to set annual and special meetings; and to act in any other matters set forth herein or which may serve Silverbrook Estates, including the formation of special improvement districts, either public or private, for such improvements as the Association shall approve. The Directors shall act by simple majority vote. The officers of the Association shall follow the directions of the majority vote of the Directors. Section 4.7 Board Duties: The duties of each of the officers shall be as follows: 4.7.1 President. The President shall preside over all meetings of the P.O.A. The President shall call the membership together whenever necessary. The President shall be the general administrative and executive officer of the P.O.A., and shall perform such duties as may be specified, and exercise such powers as may be delegated to the office of President by the Board of Directors. 4.7.2 Vice -President. The Vice -President shall exercise the powers of the President in the absence of the President. 4.7.3 Secretary: The Secretary shall give notice of all meetings of the P.O.A. and shall keep a record of the proceedings of the meetings of the P.O.A. The Secretary shall be authorized to sign on behalf of the P.O.A, all records, documents and instruments when such are authorized to be signed by the P.O.A. 4.7.4 Treasurer: The Treasurer shall keep and maintain adequate and correct records of the accounts, properties and business of the P.O.A., including accounts of its assets, liabilities, receipts, disbursements, gains and losses. The Treasurer shall prepare and report such periodic accountings as shall be required by the P.O.A., but not less frequently than annually. 4.7.5 Commercial Representative: The Commercial Representative will be designated by majority vote of the Owners of Lots in the B-2 commercial zone. The Commercial Representative shall provide information and concerns related specifically to the B-2 commercial zone as indicated on the final plat. The Commercial Representative shall represent the interests of the commercial Lot Owners. Section 4.8 Jurisdiction of the Association: The Association shall have jurisdiction over all areas of Silverbrook Estates which are designated as residential on the final plat of the subdivision or by City of Kalispell zoning ordinances. The Association shall not have jurisdiction over areas of Silverbrook Estates which are designated as commercial on the final plat for the subdivision or by City of Kalispell zoning ordinances. Declaration of Covenants — Silverbrook Estates Page - 8 - IIINIII II II III IIIIIIIIIIIIIII IIIIIIInIIIIIIIII IIVI IilIIIIIIIIIIIII'11 II I II III IIII Page: 9 of 35 9 Fees. $245.00 Paula Robinson, Flathead County MT by RC 3/26/2008 4:00 PM Section 4.9 Additional Associations: The Declarant reserves the right, to establish additional associations of Silverbrook Estates property owners to further the objectives of this Declaration and to promote the interests and enhance the governance of Silverbrook Estates. Such additional associations may consist of an association of the commercial property owners, as association of the townhome Lot owners or a master association to oversee and coordinate the functions of all the sub -associations. ARTICLE V ANNUAL AND SPECIAL ASSESSMENTS Section 5.1 Assessments: Each owner, whether or not it shall be so expressed in any deed or contract, is deemed to have agreed to these Covenants, and to pay to the Association: a) Annual assessments or charges; and b) Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the Lot, and shall be a continuing lien upon the property against which each such assessment is made. Each assessment, together with any accruing interest, costs and attorney's fees, shall be the personal obligation of the Owner of such Lot at the time when the assessments are due. Section 5.2 Purpose of Assessments: The assessments levied by the Association shall be used to promote the health, safety, convenience, recreational opportunities and welfare of the Owners; for the improvement, repair and maintenance of easements, trails, water features, roads and Common Areas; and for any other purposes, expressed or implied, in these Covenants. Section 5.3 Annual Assessments: The maximum annual assessment per Lot which may be made by the Association in any calendar year shall not substantially exceed the projected and budgeted actual and reasonable costs to be incurred by the Association during the coming year in carrying out its functions, and may include a reasonable reserve for contingencies. The amount of the annual assessments shall be fixed by the Board of Directors in the following manner: At each annual meeting of the Members, the Directors shall present a proposed budget of the estimated expenses for the Association for the coming year to the Members for review, discussion, amendment, comment and approval. The Members shall approve or amend the proposed budget by a majority vote of the Members present or voting by proxy. After the annual meeting, the Board of Directors shall set the amount of the assessments and the date(s) upon which they are due for the coming year to cover the budget approved in the manner herein set forth. Declaration of Covenants — Silverbrook Estates Page - 9 - IIIINIIINIIINIIINIIINIJill IINIJill IINIIINIIINIIINIIININIIIIINIII�IIInIIINlIII Page; 1013-80 0 of 35 Fees:$245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM Section 5.4 Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy special assessments for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, or other capital improvements on the Property, including fixtures and personal property related thereto, provided that any such assessment shall have the approval of two-thirds (2/3) or more of all of the votes of the Members who are present, in person or by proxy, at a meeting duly called for that purpose. Special assessments may be levied to be paid over one or more years. Assessments for normal maintenance and repairs shall require only a simple majority vote. Section 5.5 Uniform Rate of Assessment: Annual assessments shall be fixed by the Directors at a uniform rate for each of the following three (3) categories: Neighborhood Commercial, Residential Town Home and Residential Single Family. All commercial Lots will be included in the Silverbrook Estates parking district. Each of the commercial Lots is subject to additional assessments relative to their parking obligation associated with that Lot. Section 5.6 Due Date of Assessments: The annual assessments shall be payable in monthly installments as directed by the Board of Directors. The Board of Directors shall make provision for prepayment of the annual assessment such that the Members have the ability to prepay their assessments quarterly or annually. Due dates for assessments shall be determined by the Board of Directors. The Board of Directors shall fix the amount of the annual assessments upon each Lot at least thirty (30) days in advance of the due date of each annual assessment, and at least ninety (90) days in advance of special assessments. Written notice of the annual and special assessments shall be mailed or personally delivered to every Owner subject thereto, at the last known mailing address. Section 5.7 Failure to Pay Assessments; Remedies of the Association: Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent (10%) per annum. The Association may bring an action against the Owner obligated to pay the same or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Open Space or Common Areas, or by abandonment of their Lot. Upon delivery of the notice of assessment to the Owner, the assessment shall be a lien upon the Owner's Lot until paid. The Association may record a notice of the lien with the Clerk and Recorder of Flathead County, Montana. If the assessment is not paid within thirty (30) days after the recording of the notice of lien, the Association may foreclose the lien in the manner set forth under Montana law for the foreclosure of liens against real property. The Association shall be entitled to recover from the Owner any and all reasonable attorney's fees and costs incurred in the collection of any delinquent assessments. Declaration of Covenants — Silverbrook Estates Page - 10 - I IIIVIII I III II IInIIIIIIIVI IIVIIIII IIIIIIIIIIVI NIII IIVI IIVI III II I VI IIhi llll llll 2008000Page: 11 osog Paula Robinson, Flathead County MT by NC Fees; ;245.00 3126J2008 4:00 PM Section 5.8 Sale or Transfer of a Lot: The sale, transfer or encumbrance of any Lot shall not affect the personal liability of the Owner responsible for the assessment or the assessment lien if the lien is recorded in the records of Flathead County, Montana. No sale or transfer to a third party with actual or constructive knowledge of an assessment shall relieve such new Owner from the liability for any outstanding assessments, or from any assessments thereafter becoming due, or from the recorded lien thereof. A person or entity purchasing a Lot shall be responsible for checking with the Association for any outstanding assessments against said Lot before closing the transaction. ARTICLE VI SUSTAINABILITY Section 6.1 Commitment to Sustainable Development. The preservation of the natural beauty and quality of life found in the Flathead Valley — sustainability — is an important objective of Silverbrook Estates. These Covenants are intended to promote and ensure a more environmentally conscious way of living. There are provisions throughout these Covenants and the Design Guidelines which emphasize and foster the concept of sustainability. All such provisions must be met by any development project within Silverbrook Estates, unless a waiver or variance is granted by the Design Review Committee. ARTICLE VII DESIGN GUIDELINES Section 7.1 Intent of Design Guidelines: The intent of the Design Guidelines, a separate document adopted to govern the building of any and all structures in Silverbrook Estates, is to define a level of quality and consistency of building design which will maximize the overall quality of Silverbrook Estates. The creativity of the Owners and their professional consultants will be respected. Individual expression is encouraged, provided it is harmonious with the overall character established by the Design Guidelines. Section 7.2 Compliance With Design Guidelines: The Design Guidelines are incorporated herein by reference and are enforceable as if they were a part of the Covenants. All Improvements shall be in conformance with the Design Guidelines. Variances may be granted if a plan is of excellent architectural design and meets the overall philosophy of the Design Guidelines. Section 7.3 Design Review Committee: The Silverbrook Estates Design Review Committee (DRC) is hereby established and shall carry out all duties bestowed upon it by the Association, these Covenants, the Design Guidelines and any amendments to such documents. Declaration of Covenants — Silverbrook Estates Page - 11 - IIIII III II II I III IIIIIIIIIII�I IIIII IIIII IIIIIIIiIIIIIII IIIIIII)IIII III II I III IIIII IIII III) 20080080 PageO12 of 35 Fees:$245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM The procedures for seeking DRC review and approval of any proposed Improvement are set forth in the Design Guidelines. No Improvement of any kind shall be commenced without the written approval of the DRC. Each structure must be constructed in compliance with the Design Guidelines, including but not limited to, location, size, height, color, materials, design and all other requirements of the Design Guidelines. All landscaping must be installed within the first growing season following substantial completion of any residential or commercial development. ARTICLE VIII SILVERBROOK ESTATES DESIGN REVIEW COMMITTEE (DRC) Section 8.1 Authority of DRC. The Silverbrook Estates Design Review Committee (DRC) shall act in addition to, and not in lieu of the City of Kalispell and its planning and zoning authority, to which Silverbrook Estates is subject. Neither the City of Kalispell nor its Planning Board, however, is an appeal board for the DRC. The DRC is given authority through Article VII above. Section 8.2 DRC Organization and Enforcement: The DRC will be organized by the P.O.A., which is responsible for appointing DRC members and setting their terms of service. The DRC shall consist of three to seven members appointed by the P.O.A. Section 8.3 Purpose of the DRC: The DRC is established and given the authority to coordinate, interpret, apply and assure fair and equitable implementation of the Covenants and Design Guidelines. The objective of the DRC is to encourage a level of quality that will enhance both the natural and built environments of Silverbrook Estates. Section 8.4 Duties of the DRC: The DRC is responsible for administering the Covenants and Design Guidelines and performing the following duties: 8.4.1 Adopt Rules: To adopt such reasonable rules and procedures as it deems necessary to carry out its functions. 8.4.2 Require Plans: To require any of the following it deems necessary for its review of a project: a) Site plans b) Landscape plans c) Building plans, elevations, and associated drawings d) Material and color samples e) Other information deemed appropriate to individual proposals Declaration of Covenants — Silverbrook Estates Page - 12 - IIIIaIIIVIIIiIIIIIIIIIIIIIIIIIIIVIIIVIIIgIIIgIIIiIIIIIIIIIIIIIIVIIIIIII�III�IIIVIIII Page: 13of35 Fees: $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 400 PM 8.4.3 Require Review of All Improvements: To require that all proposed Improvements be reviewed under the design review process (see Article IX, below) and that all plans are reviewed and approvals granted before the commencement of any construction. 8.4.4 Enforce Rules: The DRC is given broad powers to apply and enforce all rules relating to Improvements, and to: a) Determine the adequacy of plans submitted to it; b) Enforce height requirements contained in the Covenants and Design Guidelines and to impose such requirements where they are not specified; c) Reject materials, design, and colors submitted with plans and the plans themselves, if they are not compatible with or are inappropriate to the overall vision of Silverbrook Estates or do not conform to the Design Guidelines; d) Hear all testimony related to variances and grant variances to the Covenants and Design Guidelines as it deems appropriate; e) Interpret the Covenants and Design Guidelines as it deems appropriate and make rulings thereon; f) Require that all improvements be constructed in substantial compliance with approved plans and specifications; g) Enforce the Covenants and Design Guidelines in a court of law; h) Revoke or suspend approvals and order the suspension or cessation of any construction in violation of the Covenants or Design Guidelines or any approval issued by the DRC; and i) Require that a fee of $200 for residential projects or $1,000 for commercial projects be paid to the P.O.A. for the review of building plans and specifications. Section 8.5 Liability: Neither the DRC, the Association or the Declarant, or any member thereof, shall be liable to any Owner or any other person or entity for any damage, loss or prejudice suffered or claimed on account of the following, so long as the DRC or member has acted in good faith: a) The approval or rejection of any plans, drawings or specifications, whether or not defective; b) The construction or performance of any work, whether or not pursuant to approved plans, drawings or specifications; c) The development or manner of development of any property within Silverbrook Estates; and d) Any other act carried out in the DRC's or member's official capacity. Declaration of Covenants — Silverbrook Estates Page - 13 - 200800009099 IIIIIIII II II I III IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII IIYIIIII I IIII IIIIIIIII IIII Page: 14 of 35 Fees. $245.00 Paula Robinson, Flathead County MT by NC 3126/2009 4:00 PM ARTICLE IX DESIGN REVIEW PROCESS Section 9.1 Applicability of Design Review Process: The design review process must be followed for any of the following: a) Construction of any building; b) Renovation, expansion, or refinishing of the exterior of any building; c) For commercial buildings, interior changes which affect the major function of a building; d) Site alterations, including roads, parking and driveways; e) Major landscaping including fences and walls; f) Exterior lighting changes; and g) Utility installation or modification. In addition to meeting the requirements of the Covenants and Design Guidelines, an Owner must comply with the requirements of all governing agencies including the City of Kalispell and the State of Montana in order to obtain required building permits, certificates of occupancy, temporary certificates of occupancy or similar authorizations. Section 9.2 Plan Requirements: All architectural and building plans submitted to the DRC shall be of architectural quality prepared by a licensed architect or architectural designer. All site, landscape and irrigation plans shall be prepared by a certified irrigation designer, landscape architect or landscape designer. The DRC shall reject materials, designs and colors submitted with the plans, and the plans themselves, if they do not comply with the Covenants and Design Guidelines, or are not compatible with the overall plan for Silverbrook Estates. Section 9.3 Plan Review and Approval. The Silverbrook design review process consists of two steps; Initial Plan Review and Final Plan Review and Approval. It is recommended that Owners follow this two-step process for any major building project. Owners may, however, submit materials for Final Plan Approval without an Initial Plan Review. Owners may appeal unfavorable DRC decisions to the Silverbrook Estates Property Owners Association. 9.3.1 Initial Plan Review: The purpose of the Initial Plan Review is to consider the conceptual design of the proposed project. The review will consider existing site conditions and planned improvements, building floor plans and elevations, roof design, architectural character or expression, exterior materials, grading, drainage and erosion control measures. Owners and their representatives should consult the Initial Plan Review Checklists and Evaluation Criteria for submission requirements. The Initial Plan Review consists of the following steps: Declaration of Covenants — Silverbrook Estates Page - 14 - IIIIIIII II II I III IIIIIIIYIII�I IIIII IIIII IIIIIIIIIIIIIII IIYIIIYI IIII III II I III IIIII IIII IIII P20080080 age;/5 of 35 Fees: $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM The Owner/architect prepares and submits to the DRC two copies of the Initial Plan which must include all information required by the Initial Plan Review Checklist. The DRC reviews the Initial Plan at a scheduled meeting and notifies the Owner in writing of its findings within ten (10) working days. If necessary, the Owner may resubmit an Initial Plan or appeal to the P.O.A. within thirty (30) working days. 9.3.2 Final Plan Review and Approval: The Final Plan Review and Approval addresses the final design details of the project. The review will consider planned improvements, building elevations, building sections, roof design, architectural character or expression, exterior materials, site conditions, grading, drainage and erosion control measures. The Final Plan Review Checklist and Evaluation Criteria set forth the submission requirements. The Final Plan Review and Approval consists of the following steps: 1. Upon approval of the Initial Plan the Owner/architect shall prepare and submit two copies of the Final Plan which shall include all information required by the Final Plan Review Checklist. 2. The DRC notifies the Owner in writing of the Final Plan Approval decision within ten (10) working days. 3. Upon issuance of written approval, the Owner may apply for a building permit and design approval from the governing authorities. Chapter XI of the Design Guidelines contains the Checklist Forms, listing the required steps and submittals needed for both the Initial Plan Review and the Final Plan Review. To make sure that the Owner, the Owner's architect, builder or other representative files a complete submittal package with the DRC at each stage of the review, it is recommended that these forms be used in compiling the necessary materials prior to scheduling a review by the DRC. ARTICLE X CONSTRUCTION PROCEDURES Section 10.1 Approvals Required Prior to Commencement of Construction: No construction may be commenced until Final Plan Approval has been received from the DRC and all required building permits have been issued by the appropriate regulatory authorities. Building construction must strictly conform to the approved Final Plan and must be completed within twelve (12) months after DRC approval unless an extension is granted by the DRC in writing. Declaration of Covenants — Silverbrook Estates Page - 15 - IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111111111111 IN I III fill IIII III 1111111111111 IIII Page:200800099 06 of 35 Fees: $245.00 Paula Robinson, Flathead County MT by NC 3/26/2009 4:00 PM Section 10.2 Plan Modifications: All modifications to previously approved site, landscape or building plans must be submitted to and approved by the DRC. Section 10.3 Construction Codes: All structures shall be constructed in compliance with applicable state, local and federal codes for construction, including codes for seismic Zone 3 and National Fire Protection Codes. Section 10.4 Construction Regulations: 10.4.1 Noise Abatement and Hours of Work: Heavy equipment operation and other loud noise from construction is prohibited between 7:30 o'clock p.m. and 6:30 o'clock a.m. No blasting is permitted at any time. 10.4.2 Construction Staging and Material Storage: All construction staging, including but not limited to, daily vehicular movement and parking, material storage, equipment storage, construction trailer placement, etc., must take place within the Lot for which the building permit was issued unless an alternate staging area is approved in writing by the DRC. 10.4.3 Trash Containment and Removal. Trash and construction debris shall be cleaned up on a daily basis in containers which shall be emptied on a regular basis to insure sufficient room to store trash at the end of each working day. Owners must ensure that their contractors remove and dispose of, at an authorized county landfill, any excess trash and construction debris. Burning of construction debris within Silverbrook Estates is prohibited. 10.4.4 Tree and Property Protection: Construction practices must include care during grading and excavation to avoid damage to existing trees and shrubs and their root structures. All construction equipment and activity including vehicular movement, unloading or daily parking, as well as stockpiling of materials and topsoil must be kept within the perimeter of the Lot unless specific written authorization to do otherwise is obtained from the DRC. Any adjacent property including roads or Common Areas damaged during construction shall be promptly restored and re - vegetated to the satisfaction of the DRC. If such restoration is not completed promptly, the DRC may contract for such restoration with all costs to be charged to the Lot Owner or person in whose name the Final Plan approval was issued. 10.4.5 Temporary Structures: A small job office or trailer may be located on the site during the construction period. The job office must be removed from the site prior to occupancy. 10.4.6 Construction Sequence: No accessory structures, buildings, garages or sheds may be constructed or maintained on any Lot prior to the Declaration of Covenants — Silverbrook Estates Page - 16 - IIIIIIIIIIIIIIII IINIINNIIINNINI IIN11111NNIIINNIIINNINIINIIINNIININIININNIIIIIII11I IN IN Page: 17 off 35 Fees: $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM construction of the main structure of the residence. Provided, however, that the provisions of this sub -paragraph shall not preclude temporary construction shelters (addressed in Section 10.4.5, above). 10.4.7 Erosion Control: All disturbed areas shall be protected from erosion during and after the construction period. Erosion control shall be implemented during construction to insure soil stabilization and sediment control, and to foster timely re -vegetation. No Owner may change the drainage pattern on any Lot without the specific approval of the DRC. Section 10.5 Building Inspections: The DRC will not inspect projects for building code conformance. Compliance with building codes and regulations is the responsibility of each Owner. The DRC will, however, from time to time inspect construction sites for compliance with approved plans, the Covenants and Design Guidelines. It is the responsibility of the Owner or the Owner's representative to contact the appropriate state, local and other authorities regarding electrical, plumbing and other required inspections for building code conformance. Section 10.6 Construction Commencement and Completion: Each Owner must have secured DRC approval for and commenced construction of, the primary residential structure for the Lot within three (3) years of the Owner's acquisition of such Lot. The primary residential structure must then be substantially completed within twelve (12) months from the commencement of construction. Section 10.7 Construction Time Extensions and Penalties: The POA may, in its discretion and subject to appeal to and review by the Board, extend the construction time limits set forth in this Article X, or impose appropriate penalties for failure to comply with such time limits. Such penalties may include fines which will be treated in the same manner as assessments, which if not timely paid will become a lien against the Owner's Lot. ARTICLE XI PROPERTY USE AND RESTRICTIVE COVENANTS Section 11.1 Hunting: No hunting of, shooting at or harassing of birds, animals or other wildlife is permitted. Skunks, gophers and rodents may be trapped; however, poison may not be used. Section 11.2 Pets: No livestock, poultry or other animals, except domestic dogs and cats, or small house pets and birds, are permitted. Excessive numbers of pets of any type are not allowed. Numbers become excessive when the pets become uncontrollable from within the interior confines of the structure on the property, thus becoming a nuisance to neighboring properties. Declaration of Covenants — Silverbrook Estates Page - 17 - IIIIIIIIIIIIIIIIIIIaIIIIItIIIIIIInIIIIIIIIIIIIIiIIIIVIIIVIIIVIIIIIIInlll1111111111IN Page008 of 35 Fees: $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM All dogs, cats and other pets shall be strictly controlled by their owners so as not to annoy or interfere with the use of the properties by the other Owners and to prevent any interference or harassment of wild birds or animals in the subdivision or on surrounding or adjacent properties. Dogs and cats shall be kept on the owner's property and shall not be allowed to roam free. Dogs must be kept on a leash when not on the owner's Lot and pet owners shall immediately pick up all pet feces from other Lots or Common Areas. Section 11.3. Artificial Feeding: The artificial feeding of any big game animal is prohibited. Section 11.4. Animal Proof Containers: All garbage must be stored in animal - proof containers. Foodstuffs, including garden, pet and other sources may not be stored out of doors unless kept secure in animal -proof containers. Section 11.5. Acceptance of Wildlife Damage: Lot Owners acknowledge that wildlife damage to landscaping will occur. Lot Owners accept that risk and shall not file claims against adjacent Lot Owners, the Association, or any other governing body for such damage unless it is established that a violation of these Covenants led to such damage. Section 11.6 Open Space and Trail Maintenance: The Association shall be responsible for the maintenance of all trails within Silverbrook Estates. The Association shall also be responsible for weed control, mowing, irrigation, care and maintenance of all Common Areas and Open Spaces as well as any other common amenities within Silverbrook Estates. The Association will use the assessment process to collect funds to pay for such care and maintenance. Section 11.7 Noxious Weeds: In order to comply with the requirements of the Flathead County Weed Control District and the Montana Noxious Weed Control Act, the following rules apply: 11.7.1 Responsibility for Control. The P.O.A. is responsible for noxious weed control in all Open Spaces and Common Areas within the subdivision. Each Owner is responsible for the Owner's Lot. The P.O.A. will also act as the contact point for any noxious weed complaints within the subdivision. The control of noxious weeds by the P.O.A. on those areas for which the P.O.A. is responsible and the control of noxious weeds by individual Owners on their respective Lots shall be as provided in the Montana Noxious Weed Control Act (Section 7-22-2101, et seq., MCA) and the rules and regulations of the Flathead County Weed Control District. 11.7.2 Failure to Control; Authority of P.O.A.: Both improved and unimproved Lots shall be managed for noxious weeds. In the event an Owner does not adequately control the noxious weeds, after ten (10) days notice from the P.O.A., the P.O.A. may cause the noxious weeds to be controlled. The cost and Declaration of Covenants — Silverbrook Estates Page - IS - IIU�IIINIIINIII�IIINUIIIIIINIIINIIIIIUNiIIUIiINIIINIIINIIINIIIwlllalllllllll Page $245.00 35 d County 3/26/2008 4:00 PM Fees. $246.00 Paula Robinson, Flathead MT by NC _ _ _. expense associated with such weed management shall be assessed to the Lot and such assessment will become a lien if not paid within thirty (30) days of the mailing of such assessment. Section 11.8 Water Testing: Silverbrook Estates will be connected to City of Kalispell water and sewer. Any and all testing shall be performed by the appropriate authorities appointed by the City of Kalispell. Section 11.9 Road Maintenance: All roads within the Silverbrook Estates Subdivision are to be owned and maintained by the City of Kalispell. However, within the road rights -of -way owned by the City of Kalispell there may be medians, landscaping and other amenities which will be owned or controlled and maintained by the P.O.A. These common amenities are considered part of the Silverbrook Estates Common Area. Section 11.10 Driveway Location and Installation: All Lots may have only one driveway access. Each driveway access point must be at least fifty (50) feet from the nearest road intersection. Driveways and driveway location must be pre -approved by the DRC. Silverbrook Estates, through the Association or other designated representative will install and construct all driveway aprons from the adjoining street or boulevard to the inside edge of the sidewalk on the Owner's Lot. Upon securing approval of a site plan from the DRC with an approved driveway location, the Lot Owner should advise the DRC of its anticipated construction schedule and request that the DRC schedule installation of the driveway apron. All costs of the installation of the driveway apron are the responsibility of the Lot Owner. The Association can require that such costs be paid in advance in accordance with whatever arrangements the Association deems appropriate. Section 11.11 Fencing: Fences projecting beyond the primary fagade of residences are prohibited. All fences must be constructed with the finished fagade to the exterior of the Lot upon which the fence is being erected. The Declarant will install fencing along all residential rear lot lines along Silverbrook Drive and Church Drive. Section 11.12 Exterior Lighting: All exterior lighting shall be reflected downward with full cutoff illuminairies. No light spill outside of the property being illuminated is permitted. Exterior lighting may contribute only minimally to light pollution. Section 11.13 Storage of Equipment. No Lot or adjacent street or road may be used for the storage of any inoperable vehicle, machinery or equipment. No Lot may be used for storage of any articles, vehicles, equipment or other personal property of any quantity in excess of the immediate needs and personal use of the Owner of the Lot or the occupants and guests thereof as the case may be, and shall not interfere with the use or enjoyment of neighboring Lots. Section 11.14 Commercial Equipment. No Lot or adjacent street or road may be used for the outside parking or storage of any commercial trucks, large commercial vehicles or other heavy equipment, except as may be reasonably necessary during periods Declaration of Covenants — Silverhrook Estates Page - 19 - IIIVIIINIIINIIIVIIINIIIVIIIIIIIIIIIIINIIINIIIVIIINIIINIIINIIINIIINIIINIIINIIII Pageo20 35 Fees: $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM of construction. Nothing herein shall prohibit the storage of such vehicles within the confines of a garage approved by the DRC. Section 11.15 Recreational Equipment: All campers, trailers, motor homes, boats and all other recreational equipment shall only be parked on the owner's Lot. In no event shall such equipment be parked on roads, nor shall any equipment be parked such that it is visible from the streets or adjacent Lots for a period exceeding two (2) days in any thirty (30) day period. Storage or location of such equipment and vehicles for periods longer than those permitted by this section is allowed only in an enclosed garage or other screened area with such garage or screen having been approved by the DRC. Section 11.16 Offensive Activity: No noxious odors or offensive activity shall take place upon any portion of the Property, nor shall anything be done thereon which may be, or may become, an annoyance to the neighborhood. Firearms may not be discharged anywhere on the Property. Any violation of applicable city, county or state laws or ordinances or other applicable governmental regulations constitutes a violation of these Covenants and may be enforced by the Association or individual Lot Owners. Section 11.17 Ditches, Ponds and Water Courses: Each Owner of property within Silverbrook Estates acknowledges the presence of water features located in the Open Spaces and Common Areas of the development. Each Owner of property within Silverbrook Estates, as individuals and as members of the Association, acknowledges that water could pose a danger to humans, animals and property. By this acknowledgement, each Owner of property within Silverbrook Estates, as individuals and as members of the Association, assumes the normal and ordinary consequences of their actions when in, next to, or in the vicinity of water features within Silverbrook Estates. ARTICLE XII OWNERS RESPONSIBILITIES FOR MAINTENANCE Section 12.1 Owners Responsibility for Lot: Except as provided in this Declaration or by written agreement with the Association, all maintenance of a Lot and the Improvements located on it will be the sole responsibility of the Owner of the Lot. For purposes of allocating responsibility for landscape maintenance between the Lot Owners and the Association, the Lots will be defined as the area from the back of the curb to the rear lot line. Each Owner will maintain its Lot in accordance with the community -wide standard of Silverbrook Estates. The Association will, in the discretion of the Board, assume the maintenance responsibilities of such Owner if, in the opinion of the Board, the level and quality of maintenance being provided by such Owner does not satisfy such standard. Before assuming the maintenance responsibilities, the Board will notify the Owner in writing of its intention to do so, and if the Owner has not commenced and diligently pursued remedial action within thirty (30) days after the mailing of such written notice, then the Association may proceed. The expenses of the maintenance by Declaration of Covenants — Silverbrook Estates Page - 20 - IIIIIIIIIIIIIIIillllllnlllllllllllllllllllllll�llll Page: 21 off 35 IIIIIIIIIII1111111111Jill11111111111111I Fees: $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM the Association will be reimbursed to the Association by the Owner within thirty (30) days after the Association notifies the Owner of the amount due, and any sum not reimbursed within that thirty (30) day period will bear interest from the date of the expenditure until payment in full. Such charges will be a lien against the Lot. Section 12.2 Owner's Negligence: If the need for maintenance, repair or replacement of any portion of the Common Areas (including Improvements located on them) arises because of the negligent or willful act or omission of an Owner or his family member, guest, invitee or tenant, then the expenses incurred by the Association for the maintenance, repair or replacement will be a personal obligation of that Owner. If the Owner fails to repay the expenses incurred by the Association within 30 days after the notice to the Owner of the amount owed, then those expenses will bear interest from the date incurred by the Association until payment by the responsible Owner in full, and all such expenses and interest will become a lien against the Owner's Lot. ARTICLE XIII EMERGENCY SERVICES Section 13.1 Fire and Ambulance: Silverbrook Estates will be under the jurisdiction of the Kalispell Fire Department. Ambulance service will be provided by the Kalispell Fire Department. ARTICLE XIV OPEN SPACES Section 14.1 Purpose and Public Access: The Open Space within the development shall be accessible for public use by the Owners of Silverbrook Estates as well as the local community. Section 14.2 Mandatory Requirements: The Open Space as designated on the final plat shall be preserved in perpetuity. The Board, among its other duties, shall establish and levy assessments to pay for the taxes, insurance, maintenance and other expenses associated with the Open Space and Common Areas under the control and authority of the Association. The Association shall be responsible for liability insurance, local taxes and maintenance of recreation and other facilities in designated Open Spaces and Common Areas. The assessments levied by the Association for the maintenance, upkeep, repair and operation of said Open Spaces and Common Areas, like all other assessments, constitute a lien on each Lot within Silverbrook Estates. The Board may, in its discretion, adjust the assessments to meet the changing needs of the Silverbrook Estates community and the areas serving the community. Declaration of Covenants — Silverbrook Estates Page - 21 - 2008000099 III�III YIIIIII IIIIIIIIIIII�III�I IINI IIPI I�OIIIIII II�IIIIII (IIII IIA III AI IIV� IIII IIII Pageo22 of 35 Fees: $245.00 Paula Robinson, Flathead County MT by NC _ 3/26/2008 4_00 PM Section 14.3 Permissible Uses: No motorized travel or horseback travel will be allowed within any of the Open Spaces or Common Areas. Signage is also hereby prohibited unless approved by the P.O.A. Section 14.4 Nuisances: No Owner, guest or invitee may use or occupy the Open Space, trails, roads, Common Areas or any Lot in such a manner as to disturb or interfere with the peaceful use, occupancy or enjoyment of any other Owner or guest of Silverbrook Estates. Violations shall be enforced as provided for in Article XIV of these Covenants. Section 14.5 Control and Management. The Association shall have the exclusive right and obligation to manage, control, improve and maintain the Open Space and Common Areas within Silverbrook Estates. ARTICLE XV UTILITIES INSTALLATION AND MAINTENANCE Section 15.1 Utilities Easements: Easements for utilities such as electricity, gas, sewer, water, television, telephone and cable communications and other utility equipment shall be as designated on the Silverbrook Estates Subdivision Plat. All utility installations shall be underground. All Owners shall have the right to enter upon and excavate in such easements upon securing the approval of the DRC. Easements for ingress and egress and for utilities shall not be moved, deleted or restricted without the written approval of all affected Lot Owners and the Association. Utility companies and Owners must promptly restore disturbed areas to a condition as close as possible to the natural condition of the land before work commenced. Section 15.2 Utilities Installation and Maintenance: Silverbrook Estates or its designated representative shall install and maintain utility services to the Lots or to points in close proximity to the Lots. Owners shall bear all responsibility and costs for extending utilities from such points. All utilities shall be installed and maintained underground. Piping and wiring shall be concealed. Each owner shall be responsible for utility installation and maintenance in accordance with applicable state and local regulations and the requirements of the DRC. Section 15.3 Water and Sewer: All improvements or structures designed for occupancy or use by humans shall be connected to domestic water and sewer service provided by the City of Kalispell. All Lot Owners shall hook up to the city water and sewer systems when a structure is constructed on a Lot. Declaration of Covenants — Silverbrook Estates Page - 22 - IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIHill 1I11I111111III111111IIIIIII Page: 23 o8359 Fees. $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4.00 PM ARTICLE XVI ENFORCEMENT, TERM AND AMENDMENT Section 16.1 Right to Enforce: The Owner of each Lot shall be primarily liable, and the Occupant, if any, secondarily liable for the violation or breach of any covenant, condition or restriction contained in this Declaration or in the Design Guidelines. Violation or breach of any such covenant, condition, restriction or requirement shall give to Declarant, or the Association, following thirty (30) days written notice to the Owner or Occupant in question the right, privilege and license to enter upon the Lot where said violation or breach exists and to abate or remove, at the expense of the Owner or Occupant, any improvement, structure, thing or condition present on such Lot which is in violation of or contrary to the intent and meaning of these Covenants. The Declarant and the Association may also bring an action at law or in equity against the person or persons who have violated or are attempting to violate any of these Covenants, to enjoin or prevent a violation or to require that a violation which has already occurred be remediated. No such entry by Declarant, the Association or their agents shall be deemed a trespass, and neither Declarant nor the Association or their agents shall be subject to liability to the Owner or Occupant of said Lot for such entry or any action taken to remediate a violation. The cost of any abatement, removal or other remediation shall be a binding personal obligation on any Owner or Occupant in violation of any provision of this Declaration, as well as a lien (enforceable in the same manner as a lien for delinquent assessments) upon the Lot in question. The lien provided for in this section shall not be valid as against a bona fide purchaser or mortgagee for value of the Lot in question unless a suit to enforce said lien shall have been filed in a court of record in Flathead County, Montana, prior to the recordation of the deed or mortgage conveying or encumbering the Lot to such purchaser or mortgagee. Section 16.2 Right of Entry: During reasonable hours and upon reasonable advance notice (not less than twenty-four (24) hours), and subject to reasonable security requirements, Declarant, the Association or their agents, shall have the right to enter upon and inspect any Lot and the improvements thereon for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and neither Declarant nor the Association or their agents shall be deemed to have committed a trespass or wrongful act by reason of such entry or inspection. Section 16.3 Enforcement: Enforcement of these Covenants may be by proceedings either at law or in equity against any person or persons violating, or attempting to violate, any provision of this Declaration. The legal proceedings may be to restrain the violation, to remediate a violation which has already occurred, to recover damages, or any combination thereof. Should any lawsuit or other legal proceeding be instituted by the Association or an Owner against an Owner alleged to have violated one or more of the provisions of these Covenants, and should the Association or Owner enforcing the provisions of the Covenants be wholly or partially successful in such proceedings, the offending Owner shall be obligated to pay the costs of such proceeding, including reasonable attorney's fees for all time associated with the action. Declaration of Covenants — Silverbrook Estates Page -13 - IIIIIIII II II I ql IIIIIIIINI IIII IIIII IIIII IIIII 111111111111111111111111111111111 IIII Page: 24 of 35 Fee :.$245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM Section 16.4 Failure to Enforce Not a Waiver: The failure of the Declarant, the Association or an Owner, to enforce any covenant or restriction contained herein shall not be deemed a waiver nor shall it in any way prejudice the right to later enforce that covenant or any other covenant thereafter, or to collect damages for any subsequent violation. The waiver, or granting of a variance of a covenant by the Board or non -action of the Association or Declarant in the event of a violation of a covenant by an Owner, shall not be deemed to waive or nullify the covenant or impair enforcement thereof as it pertains to other Owners or Lots. Section 16.5 Covenants Run With Title: In any conveyance of a Lot or other portion of the Property, it shall be sufficient to insert a provision in any deed or instrument of conveyance to the effect that the property is subject to protective or restrictive covenants without setting forth such restrictions and covenants verbatim or in substance in said deed and without referring to the recording data. All of the Lots and other portions of the Property shall be subject to the restrictions of this Declaration whether or not there is a specific reference to it in a deed or instrument of conveyance. Section 16.6 Protection of Mortgagees: A breach of any restrictions or covenants contained in this Declaration shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon any Lot or portion of the Property or any improvements thereon. However, this Declaration shall be binding upon and shall inure to the benefit of any subsequent owner whose title thereto was acquired by foreclosure, trustee sale or otherwise. Section 16.7 Term of Declaration: This Declaration and any amendments to it will remain in effect until the 50th anniversary of the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana. Thereafter this Declaration will be automatically extended for five successive periods of ten (10) years each, unless otherwise terminated or modified as provided below. Section 16.8 Amendment: Subject to the limitations of Sections 16.4 and 16.5, this Declaration, or any provision of it, may be terminated, extended, amended or revoked as to the whole or any portion of the Property as follows: 16.8.1 Prior to Sale of Lots: Prior to the sale of any Lot (excluding any sale to a person or entity affiliated with Declarant), Declarant may terminate, extend, amend or revoke this Declaration as to the whole or any portion of the Property by recording in the records of Flathead County, Montana, a document signed by the Declarant stating the action taken. 16.8.2 After Sale of Lots But During Period of Declarant Control. After the sale of a Lot (excluding any sale to a person or entity affiliated with Declarant) but before expiration of the Period of Declarant Control, Declarant may terminate, extend, amend or revoke this Declaration as to the whole or any Declaration of Covenants — Silverbrook Estates Page - 24 - IIIIIIII � II �I IINI IIII IIIII IIIII IIIII IIII IIII IIII IIIII IIIII IIIII IIII II II' I III P200800000 age: 25 of 35 Fees: $245.00 Paula Robinson, Flathead County M7 by NC 3/26/2008 4:00 PM portion of the Property. A copy of the document stating the action intended to be taken by the Declarant and a notice of the Owner rights under this Section shall be mailed to each Owner by first class mail, postage prepaid, to the address of the Owner in the records of the Association. Unless written objection is received by Declarant from the Owners holding seventy-five percent (75%) or more of the votes within thirty (30) days of the mailing of the notice to the Owners, the action proposed to be taken by the Declarant shall be considered approved and shall become final. The Declarant shall then record in the records of Flathead County, Montana, a document stating the action taken, together with a certificate certifying that notice was given to the Owners as required herein and that fewer than seventy-five percent (75%) of the Owners objected to the action. 16.8.3 After the Period of Declarant Control: After the Period of Declarant Control, this Declaration, or any provision of it, may be terminated, extended, amended or revoked as to the whole or any portion of the Property upon the written consent of Owners holding seventy-five percent (75%) or more of the votes in the Association. The amendment will be immediately effective upon recording in the records of Flathead County, Montana, the document setting forth the amendment executed and acknowledged by the necessary number of Owners, or alternatively, upon the recording in the records of Flathead County, Montana, of a copy of the document together with a certificate signed by an officer of the Association stating that the required number of consents of Owners were obtained. Section 16.9 Declarant Approval: Notwithstanding the provisions of Section 14.10, no termination, extension or amendment of this Declaration will be effective in any event during the Period of Declarant Control unless the written approval of Declarant is first obtained. Section 16.10 CityApproval: None of the covenants or other provisions of this Declaration required as a condition of plat or subdivision approval by the City of Kalispell may be amended or repealed without the prior written consent of the City of Kalispell. ARTICLE XVII ZONING REGULATIONS AND CODES Section 17.1 General Information: Silverbrook Estates is located within the jurisdictional area of the City of Kalispell. All improvements in Silverbrook Estates shall comply with the ordinances of the City of Kalispell as well as this Declaration and the Design Guidelines for the development. In addition to the Design Guidelines, building design and construction will be regulated by city, county, state and federal regulatory agencies having jurisdiction. The Owners and their agents shall be responsible to ensure they are in compliance with all such regulations. Approval of a project by the DRC does not necessarily mean that the project is in compliance with such codes and regulations. Declaration of Covenants — Silverbrook Estates Page - 25 - IIIVIII II II I III IIIII IINIIIVI IINI IINI INIIIII IIIII IIIII IIIII IINI IIN II I NI IIIII IIII IIII P20080000099 age: 26 of 35 Fees: $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM Owners must ensure independently that their project is in compliance with all applicable local, state and federal codes and regulations. Any impact fees or other charges or assessments imposed on an Owner's project or in connection with the improvement of an Owner's Lot by the City of Kalispell or other regulatory authority are the responsibility of the Lot Owner. Lot Owners and residents of the subdivision are hereby notified that there are agricultural activities on adjoining and nearby properties. Lot Owners recognize and accept that standard agricultural and farming practices can result in dust, smoke, animal odors, flies and machinery noise. Standard agricultural practices include the use of heavy equipment, chemical sprays, periodic burning and the use of machinery early in the morning and sometimes late into the evening. No construction or alteration of any Improvements, including any site work, whether temporary or permanent, including but not necessarily limited to buildings, fences, walls, earthwork, paving, vegetation, signs or secondary structures such as utility or trash enclosures may be commenced on any Lot prior to receiving the written approval of the DRC. Section 17.2 General Development Parameters: 17.2.1 Density: Not more than one single family residence may be built on each single family residential Lot. 17.2.2 Allowable Uses — Residential. The residential Lots shall be used exclusively for residential purposes, and no more than one family (including its servants and transient guests) shall occupy such residence; provided however, that nothing in this subparagraph shall be deemed to prevent: a) The construction of detached garages which shall be in accordance with the Covenants and Design Guidelines. b) An artist, artisan or craftsperson from pursuing his or her artistic calling upon the Lot or dwelling unit owned by such artisan, if such artist, artisan, or craftsperson uses such Lot or dwelling unit for residential purposes, is self-employed and has no employees working on such Lot or in such dwelling unit, and does not advertise any product or work or art for sale to the public upon such Lot or in such dwelling unit. c) The leasing of any Lot by the Owner thereof, subject, however, to all of the restrictions as may be adopted from time to time by the Association. Among the uses which are prohibited are safe houses, group day care facilities, and day care centers. (See Kalispell Zoning Ordinance 27.37.010 for definitions.) Declaration of Covenants — Silverbrook Estates Page - 26 - IIIIMIIIIIIIIIIIIINIIIVIIINIIINIIINIIIIIIIIIIIII�iIIVIIIVIIIIIIINIIINIIIIIIIIIIIIII P2008000080 age: 277 of 35 Paula Robinson, Flathead County b Fees: $245.00 — _ ty MT Y NC 3/26/2008 4:00 PM 17.2.3 Allowable Uses — Commercial: The purpose of the commercial district is to provide goods and services primarily to the residents of Silverbrook Estates and their guests. It is also intended to be a buffer zone between the residential zone and the intersection of U.S. Highway 93 and Church Drive. The base zoning for the commercial district shall conform to Kalispell's B-1 zoning. Prohibited uses include but are not limited to light manufacturing, automobile service centers, adult novelty/bookstores and pawn shops. 17.2.4 Building Envelopes: Each Lot in Silverbrook Estates shall have a building envelope surveyed and located on site. The building envelopes are established by the setbacks which are set forth in Section 17.2.5, below. All dwellings, exterior parking spaces, garages, sheds, carports, porches and decks shall be contained within the building envelope. The DRC may approve the location of swimming pools outside the building envelope, so long as adequate and acceptable screening and fencing approved by the DRC is provided. 17.2.5 Setbacks and Building Envelopes: The following setback distances must be observed throughout Silverbrook Estates (setbacks shall be measured from the property line to the furthest projecting part of the structure): a) Residential Town Home Lots: ■ 5' side yard ■ 10' front yard ■ 10' rear yard ■ 0' shared side yard b) Single Family Residential Lots: ■ 10' side yard ■ 25' front yard ■ 20' rear yard ■ 25' side corner yard 30' rear yard where adjacent to Open Spaces along the Stillwater River and its tributaries c) Commercial Lots: ■ 5' front yard ■ 10' side yard ■ 5' rear yard d) Tennis courts, swimming pools and other areas of active use and noise shall be buffered from adjacent properties. e) Additional setbacks from tree masses, native vegetation transition zones, topography, drainage, view corridors, roads, paths and utility easements may be required by the DRC. f) A minimum setback of 100 feet is required for all buildings adjacent to areas on the plat delineated as wetlands and 50 feet to areas on the plat delineated as waterways. Declaration of Covenants — Silverbrook Estates Page - 27 - IIIIIIIIVIIIVIIIIIIHill IIIIIIIIIIIIIIIIIIIIIYIIIVIJill IIIIIIIIIIIIIIIIIVIIIflllllllll Page: 28o835 Fees: $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM g) Any building envelope overlapping with front, rear or side yard setbacks shall be restricted by the required setbacks. 17.2.6 Maximum Lot Coverage: The maximum allowable coverage of any Lot subject to the R-2 residential zone under the City of Kalispell zoning ordinance by any built surface (driveway, garage, primary residence, auxiliary structure, decking, etc.) shall be no greater than thirty-five percent (35%) of the Lot 17.2.7 Maximum Building Footprints and Minimum Floor Areas: Single family residences shall have a maximum building footprint of 5000 square feet excluding exterior parking spaces and decks. The minimum floor area at or above ground level (single floor) of any single family residence shall not be less than 1800 square feet for a single story home and not less than 1600 square feet on the main level for a two-story home. Minimum square footage for a two-story home shall not be less than 2400 square feet. These square footages are exclusive of exterior parking spaces and decks. The ground level (walkout) portion of a basement shall be considered in the calculation of minimum floor area. Each principal residential structure shall have at a minimum, an attached or detached single -car garage, with not more than a three -car garage on any Lot. The maximum total square footage of any residence and its associated auxiliary buildings shall be 8000 square feet. Residential Town Home residences shall have a maximum building footprint of 1800 square feet or forty-five percent (45%) of the lot square footage (whichever is less), excluding exterior parking spaces and decks. Commercial properties have no maximum footprint or lot coverage requirements except as limited by the confines of the applicable setbacks. All building size requirements are subject to the maximum lot coverage restrictions set forth in Section 17.2.6, above and the applicable City of Kalispell zoning ordinance, which take precedence over building size requirements and allowances. 17.2.8 Building Height: Maximum allowable building height is set at thirty (30) feet from the natural ground surface to the highest point on the roof or parapet wall for commercial structures and thirty-five (35) feet from the natural ground surface to the highest point of the roof or parapet wall for residential structures. 17.2.9 Applicable Codes: The following codes, standards and regulations are applicable to Silverbrook Estates and compliance with them is required: Declaration of Covenants — Silverbrook Estates Page - 28 - IIII�IIIVIIIVIIInIIIIIIIIIIIIIIIIIIIIIIINIJill Jill IIVIIIIIIIIIIIIIIIIIIIIIIINIIINiIII Pageo29of35 Fees. $245.00 Paula Robinson, Flathead County MT by NC 3126/2oo8 4:00_PM a) Silverbrook Estates Design Guidelines b) Covenants of Silverbrook Estates c) City of Kalispell Zoning Ordinance d) Uniform Building Code (UBC) e) National Electric Code f) Uniform Mechanical Code g) Uniform Fire Code h) National Fire Protection Association Code i) State Fire Code Standards j) Montana Energy Code k) All other applicable local, state, and federal regulations ARTICLE XVIII EXPANSION AND WITHDRAWAL Section 18.1 Reservation of Right to Expand: Declarant reserves the right, but will not be obligated, to expand the effect of this Declaration to include all or part of the Expansion Property. The consent of the existing Lot Owners and Mortgagees will not be required for any such expansion, and Declarant may proceed with such expansion without limitation at its sole option. Declarant will have the unilateral right to transfer to any other person this right to expand by an instrument duly recorded. Declarant will pay all taxes and other governmental assessments relating to the Expansion Property as long as Declarant is the owner of such property. Section 18.2 Completion of Expansion: When Declarant has determined that no further property shall be added to the Project, Declarant shall notify the Association in writing. Until such notice is given, Declarant retains the right to designate additional property as Expansion Property. Section 18.3 Declaration of Annexation: Any expansion of the Project may be accomplished by recording a notice of such annexation and one or more supplemental plats in the records of the Clerk and Recorder of Flathead County, Montana. The declaration or notice of annexation will describe the real property to be annexed, and subject it to these Covenants with all exceptions and additional restrictions or reservations noted. Specifically, each new Lot in the annexed area will be allocated one vote and liability for common expenses and assessments equal to the liability allocated to each of the existing Lots and the proportionate voting interest and allocation of common expenses for the existing Lots will be adjusted accordingly. Such annexation will not require the consent of Owners, the Association or the Board of Directors. Any such expansion will be effective upon the filing for record of such declaration or notice of annexation, unless otherwise provided therein. The expansion may be accomplished in stages by successive annexations or in a single expansion. Declaration of Covenants — Silverbrook Estates Page - 29 - IIIIIII I IIII IIIIIIIIIu IIIIIIIIIIY IIIIIIIIII IIIIIIIIII IIIII II�II�I IINIIIII III Pageo30 of 35 Fees. $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM_ Upon the recordation of any such notice of annexation, the definitions used in this Declaration will be expanded automatically to encompass and refer to Silverbrook Estates as expanded. Such notice of annexation may add supplemental covenants specific to the Expansion Property in question, or delete or modify provisions of this Declaration as it applies to the Expansion Property. However, this Declaration may not be modified with respect to that portion of the Property already subject to this Declaration, except as provided herein for amendment. Section 18.4 Withdrawal of Property: Declarant reserves the right to withdraw from the jurisdiction and effect of this Declaration any parcel of the Property (including the Expansion Property), provided, however, that no parcel may be withdrawn after it has been conveyed to a purchaser. ARTICLE XIX SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS AND EASEMENTS Section 19.1 Rights Reserved to Declarant: Until the expiration of the Period of Declarant Control, Declarant will have the following rights: 19.1.1 Completion of Improvements: The right to complete Improvements as indicated on any plat filed with respect to the Property, including any Expansion Property. 19.1.2 Development Rights: The right to exercise all development rights in connection with the development of the Silverbrook Estates Project (referred to here as "Development Rights"), including without limitation the right or combination of rights hereby reserved by Declarant, as follows: (a) The right to annex all or part of the Expansion Property to the Project, in accordance with Article XVIII. (b) The right to create Lots and Common Area on the Property, including the Expansion Property. (c) The right to subdivide Lots and convert Lots into Common Area on any part of the Property, including the Expansion Property. (d) The right to withdraw real estate, whether contained within the Property initially subject to this Declaration or within the Expansion Property, from Silverbrook Estates, as provided in Article XVIII. 19.1.3 Sales Activities: The right to maintain sales and management offices, signs advertising the Project and model residences on the Common Area and on Lots owned by Declarant, whether contained within the Property initially subject to this Declaration, or within the Expansion Property. Declaration of Covenants — Silverbrook Estates Page - 30 - 200800008099 IIInIIIuIIIIII IIIIIIIIIIIIIII IIIIIIIYIIIIII IIIIIIIIII IIIIIIIIII (IIII IIII IIIIIIIIAI IIII IIII Page: 31 of 35 Fees: $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 400 PM 19.1.4 Easements: The right to use easements through the Common Areas on the Property, including the Expansion Property, for the purpose of making improvements on the Property and the Expansion Property. 19.1.5 Master Association: The right to establish and make the Project subject to a master association and to establish such other associations of property owners as Declarant determines is appropriate. 19.1.6 Association Directors and Members of the DRC: The right to appoint any officer or director of the Association, and any member of the DRC. Section 19.2 Reservation for Expansion and Construction: Declarant hereby reserves for itself and its successors and assigns and for Owners in all future phases of Silverbrook Estates a perpetual easement and right-of-way for access over, upon, and across the Property, including the Expansion Property, for construction, utilities, drainage, ingress and egress, and for use of the Common Areas, including Common Areas located within the Expansion Property. The location of these easements and rights - of -way may be made certain by Declarant or the Association by instruments recorded in Flathead County, Montana. Declarant further reserves the right to establish from time to time, by dedication or otherwise, utility, ingress and egress, and other easements over and across the Common Areas, and to create other reservations, exceptions, and exclusions convenient or necessary for the use and operation of any other property of Declarant. Section 19.3 Reservation of Easements for Utilities, Infrastructure and Access: Declarant reserves for itself and its successors and assigns and hereby grants to the Association, the concurrent right to establish from time to time, by declaration or otherwise, utility and other easements, permits, or licenses over the Common Areas, for purposes including but not limited to streets, paths, walkways, drainage, recreation areas and parking areas, and to create other reservations, exceptions, and exclusions in the interest of the Owners and the Association, in order to serve the Owners within Silverbrook Estates. Declarant also reserves for itself and its successors and assigns and grants to the Association the concurrent right to establish from time to time by an instrument recorded in Flathead County, Montana, such easements, permits or licenses over the Common Areas for access by certain persons (other than Owners and Owners' families and guests) who may be permitted to use designated portions of the Common Areas as contemplated under this Declaration. Section 19.4 Maintenance Easement: An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, and any member of the Board of Directors or Manager, and their respective officers, agents, employees and assigns, upon, across, over, in and under the Property and a right to make such use of the Property as may be necessary or appropriate to make emergency repairs Declaration of Covenants — Silverbrook Estates Page - 31 - IIIINIIINIIININpIIINIIIIIIIIIIIIINIIIIiI NNIII IN IN 1111111111111111111111111111111 Page: 32 of 359 Paula Robinson, Flathead Count MT b NC Fees; #245.00 Y Y 3j 26/2008 4:00 PM or to perform the duties and functions which the Association is obligated or permitted to perform pursuant to this Declaration, including the right to enter upon any Lot for the purpose of performing maintenance to the landscaping or the exterior of Improvements to such Lot. Section 19.5 Drainage Easement: An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, to enter upon any portion of the Property for the purpose of changing, correcting, or otherwise modifying the grade or drainage channels of the Property so as to improve the drainage of water. Reasonable efforts will be made to use this easement so as not to disturb the uses of the Owners, the Association and Declarant, as applicable, to the extent possible; to prosecute such drainage work promptly and expeditiously; and to restore any areas affected by such work to a sightly and usable condition as soon as reasonably possible following such work. Declarant, or its officers, agents, employees, successors and assigns must inform and obtain the approval of the Board of Directors prior to undertaking such drainage work, which approval will not be unreasonably withheld. Section 19.6 Snow Storage Easement: An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, its officers, agents, employees, successors and assigns upon any and all portions of the Property for the storage of snow in the course of clearing snow accumulations from the Silverbrook Estates roads, trails, parking areas, Common Areas and other areas within Silverbrook Estates. Reasonable efforts will be made to use this easement in a way that will minimize the interference with the Owners' use and enjoyment of their Lots. Section 19.7 Declarant Rights Incident to Construction: Declarant, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress over the Common Areas and the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incident to the construction of the Improvements on the Property or other real property owned by Declarant; provided, however, that no such rights will be exercised by Declarant in such a way as to unreasonably interfere with the occupancy, use, enjoyment or access to an Owner's Lot by that Owner. Section 19.8 Easements Deemed Created: All conveyances of Lots hereafter made, whether by Declarant or otherwise, will be construed to grant and reserve the easements contained in this Article, even though no specific reference to such easements or to this Article appears in the instrument for such conveyance. ARTICLE XX MISCELLANEOUS PROVISIONS Section 20.1 Limitation of Liability: Neither the Declarant nor the Association, or their successors or assigns, shall be liable to any Owner or occupant of the Property by reason of any mistake in judgment, negligence, nonfeasance, action or inaction, or for the Declaration of Covenants — Silverbrook Estates Page - 32 - IIIIIIII II II II IINI IIII IIIII IIIII IIIIIIIIIIIIII IIVI IIII IIVI IIVI IlU II I III IIIII IIII IIII Page:00000 33 0$ 35 Fees: $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM enforcement or failure to enforce any provision of this Declaration. Every Owner or occupant by acquiring its interest in the Property agrees that it will not bring any action or suit against the Declarant or the Association to recover any such damages or to seek equitable relief because of same. Section 20.2 Severability: This Declaration, to the extent possible, will be construed or reformed so as to give validity to all of its provisions. Any provision of this Declaration found to be prohibited by law or unenforceable will be ineffective to the extent of such prohibition or unenforceability without invalidating any other part hereof. Section 20.3 Construction: In interpreting words in this Declaration, unless the context will otherwise provide or require, the singular will include the plural, the plural will include the singular, and the use of any gender will include all genders. Section 20.4 Headings: The headings are included only for purposes of convenient reference, and they will not affect the meaning or interpretation of this Declaration. Section 20.5 Waiver: No failure on the part of the Association or the Board to give notice of default or to exercise or to delay in exercising any right or remedy will operate as a waiver, except as specifically provided above in the event the Board fails to respond to certain requests. No waiver will be effective unless it is in writing and signed by the President or Vice President of the Board on behalf of the Association. Section 20.6 Conflicts Between Documents: In case of conflict between this Declaration and the Articles of Incorporation or the Bylaws, this Declaration will control. In case of conflict between the Articles of Incorporation and the Bylaws, the Articles of Incorporation will control. Section 20.7 Assignment. Declarant may assign all or any part of the Special Declarant Rights or any of Declarant's other rights and reservations hereunder to any successor who takes title to all or part of the Property in a bulk purchase for the purpose of development and sale. Such successor will be identified, the particular rights being assigned will be specified, and, to the extent required, concomitant obligations will be expressly assumed by such successor, all in a written instrument duly recorded in the records of the Clerk and Recorder of Flathead County, Montana. IN WITNESS WHEREOF, the Declarant has executed this Declaration this/ day of March, 2008, to be effective April 1, 2008. Declaration of Covenants — Silverbrook Estates Page - 33 - IIIIIIII II II I III IINIIIVI IINI IIVI IIIII IIIIIIIIIIIINI IIII IIII IINI IIV II I III IIIII IIII IN P200800000 age: 34 of 35 Fees. $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM_ 93 and Church, LLC a Montana Limited Liability Company By: Y't�" �L—� z• /yL�.__ Howard T. Mann Its Managing Member STATE OF MONTANA ) :ss County of Flathead ) On this '•-''day of March, 2008, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Howard T. Mann, known to me to be the Managing Member of 93 and Church, LLC, a Montana limited liability company, the Declarant herein, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto hand and affixed my Notarial Seal the day and year in this certificate last abov written. [Signature of Notary] t�Aap a. muRaAy [Typed, stamped or printed Name of Notary] Notary Public for the Stgite of Montana Residing at 4� i MT - (NOTARIAL SEAL) [City of Residence] My commission expires: /0 / % 20 /V [Month Day Year] Declaration of Covenants — Silverbrook Estates Page - 34 - EXHIBIT "A" TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR SILVERBROOK ESTATES (Legal Description of Silverbrook Estates Property) Tract 3 of Certificate of Survey No. 15896 in the North Half of the Northeast Quarter and in the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 13 of Township 29 North, Range 22 West, P.M.M., Flathead County, Montana AND Tract 4 of Certificate of Survey No. 15896 in the Southwest Quarter of the Northeast Quarter and in the South Half of the Northwest Quarter of Section 13 of Township 29 North, Range 22 West, P.M.M., Flathead County, Montana AND Tract 5 of Certificate of Survey No. 15896 in the Southeast Quarter of the Northeast Quarter and in the North Half of the Southeast Quarter and in the Northeast Quarter of the Southwest Quarter of Section 13 of Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. IIIIIIII II II III IIlIIIVIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII IIII II III IIIII Ilu IIII200800008099 Pageo35 of 35 Fees: $245.00 Paula Robinson, Flathead County MT by NC 3/26/2008 4:00 PM Declaration of Covenants — Silverbrook Estates Page - 35 - Upon recording, please return to: Colleen r. Donahoe 7QhnsOil, Ilerg, McEvoy & Bastuek, PLLP PO Box 3038 Kalispell, Montana 59903-3039 IlilllllllllllllIIIIIIIIIIJill llllll1111IIIIIIIIIIIIIIIIi1i1IIIIIi1IIIIIi1III � ' (M. 4 F—e $x60.00 r se Rub Flzm�, na,M� a 1-4 Ni e;. oi,+retxoia 11M AN 00 CaG r-q FIRST AMENDMENT TO AND COMPIXIA'ti, RESTATEMENT OF ry C7 DECLARATION OF COVENANTS, CONDITIONS, CD lie RESTRICTIONS AND RESERVATIONS FOR SILVERBROOK ESTATES Ln � C7 A RESIDENTIAL AND CONLMERC:IAL DEVELOPMENT IN ICALISPELL, MONTA�NA r� N rl to r-1 C> C) 3 LI THiS FIRST AMENDMENT TO AND COMPLETE RESTATEMENT OF THE " rs DECLARATION of CovenanF Condltions, Restrictions and Reservations for Silverbrook Estates is executed this day of i , 2010 by 93 and Church, LLC, a Montana limited liability company, hereinafter refcrred to h ein as the "Declarant." O 0 Ln u-i p T WHEREAS, Declarant caused to be filed the Declaration of Covenants, Conditions, Restrictions 00 ov and Reservations for Silverbrook Estates with the Flathead County Clerk and Recorder as Document No. rn rN � 200800008099, hereinafter sometimes "Original Declaration" or "Declaration'; and ,-q Ln Cr 0 Y/IffREAS, pursuant to the Original Declaration, Declarant specifically reserved unto itself the 0 Ln LU C> right to amend said Declaration during the period of Declarant Control; and WHEREAS, Declarant is the owner of more than seventy-five percent (75%) of the lots comprising Silverbrook Estates; and 00 Ln Ln WHEREAS, NOTICE HAS BEF.,N PROVMED TO Owners pursuant to Section 16.8.2 of the 0 I Declaration and Declarant certifies that fewer than 75% of Owners objected to this action by virtue of +--1 Declarant's ownership of greater than 75% of the lots; and r� Ln N 00 Ln st WHEREAS, Declarant desires to amend and completely restate said Declaration to change or add Q '-:5 the following; (1) requirements governing [lie Association contained in Article N; (2) Declarant's right Ln inC) C3 to waive assessments in Article V; (3) construction commencement and completion in Article X; (4) ,17 :� driveway location and installation in Article XI; (5) parking requirements contained in Article XI; (6) sire r,4 � andconfiguration of structures contained in Article XVrl; and to otherwise correct internal discrepancies, ors co, discrepancies 'between the Declaration and the Bylaws of Silverbrook Estates and/or design guidelines; 00 and LM Ln o 0WHICRLAS, Declarant continues to reserve the right to further amend said Declaration as C contemplated within the Declaration referenced bereinabove. tt ae Ln b- NOW, THTREFORE, in consideration of the foregoing recitals and the amendment powers a , reserved unto Declarant as set forth in the Declaration, Declarant hereby amends and completes restates C7 0 said Declaration as follows- 0 cn THE DECLARANT is the owner ancl/or developer of certain real property situated in Flathead V County, Monti me, which is more particularly described on Exhibit A attached to this Declaration and by 0 this reference made a part hereof. This property is the site of a mixed residential and commercial QL") development to be ]mown as "Silverbrook Estates," sometimes referred to hcrcin as the "Property;" and ^^ THE DECLARANT desires to subject the Property, togetlier with all the buildings and other i.ri r!-i tQ r. improvements now or hereafter constructed thereon, as well as all appurtenances to the Property, to this o Declaration; and Ln Ln 00 Mrse .4inariduient to and Complete Rertaleriew of Declaration of CvveRHilt.4 - Silverbrook Estates l page - 1 - PIIIIIIIill11111AII11II11IIIIIIIIIIIIIIIIII1IIIIIIIIIIIIIIIIlIIllllIlvIIII O 24a� Paula. Nohlnson, Pia;heeb Coun[y MI by ;i® a1/23/Cale I1:55 m THE DECLARANT farther desires to establish for its own benefit and for the mutual benefit of all future owners of the Property, or any part thereof, certain covenants, conditions, restrictions, easements, rights, privileges, assessments and liens as set forth herein which shall encumber and run with the Property and shall apply to all buildings and other improvements now or hereafter constructed thereon; and TIRE DECLARANT intends that the future owners, and all other persons who may acquire an interest in the Property shall at all times hold their interest subject to the burdens of, and enjoy the benefits of, the provisions of this Declaration which is made and recorded in furtherance of establishing an outstanding and environmentally sensitive residential and commercial community governed by this Declaration and its roles for the use, occupancy, management and enjoyment of the Properly, which rules are designed to protect and enhance the value, desirability and attractiveness of the Property and all buildings and other improvements constructed thereon, while minimizing any negative impacts the development may have on the natural environment, ARTICLE I DECLAITATION AND IMPOSITION OF COTENANTS AND STAT)' MYNT OF DEV)f LOPNMNT PFULOSOPHY Section 1.1 5tateumeni of Purpose: The purpose of the Declarant in making this Declaration and subjecting the Property to it is to create, an outstanding and carefully planned mixed residential and commercial community to be known as Silverbrook Estates (the "Project" or "Silverbrook Estates"). The purpose of this document is to assist Owners in 5ilverbTook Estates by providing a framework for the design, construction, maintenance and use of their individual property within the subdivision. This will allow each individual project to contribute to the long-term goal of creating a development that compliments and enhances the surrounding natural environment. This document also explains the rules and restrictions that are intended to protect the landscape, wildlife, and use of property for the protection and enjoyment of all Owners in Silverbrook Estates. This document, together with the Silverbrook Estates Design Guidelines, also outlines appropriate architectural elements that retlect the specific context and environment of Silverbrook Estates. Specific Objectives ofthis Declaration are: ■ To protect and enhance the natural environment, wildlife and individual property values; ■ To respect environmental conditions as well as neighbors; ■ To impose architectural criteria for buildings which allow for individual expression but also establish clearly delineated parameters; ■ To address all types of development and property use, including buildings, landscaping, maintenance, water usage, fences, signs, driveways, utility installation, parking, lighting and maintenance, Section 1.2 Right fo .!":'xpandr The Declarant may acquire in the future additional real estate which it may desire to incorporate into Silverbrook Estates (the "Expansion Property"), and the Declarant has reserved the fight, but will oat be obligated, to incorporate the Expansion Property in whole or in part in accordance with the annexation procedures set Forth in Article XV111 below, so that the Expansion Property, if and when annexed and developed, will be treated as an integral part of the planned community of Silverbrook Estates. Section 1.3 Imposition of Covenants. To accomplish the purposes outlined above, the Declarant hereby declares that from the date of the first recording of the original Declaration forward, the Property will constitute a planned community known as Silverbrook Estates, and will be held, sold and conveyed subject to the covenants, conditions, restrictions, easements and other reservations set forth herein (collectively, the "Covenants"). The Covenants will run with the land and will be binding upon all persons and entities having any right, title, or interest in all or any part of" the Property (including Declarant) and their heirs, successors and assigns, as well as their tenants, employees, guests and invitees. These Covenants will inure to the benefit of each Owner of the Property. First rftr+enrf++re+rf to and Complete RestalepmenI of Dedurnlforr of'Covenants — Silverbrook Ewafes / gage - 2 - IIIIiiII NI IIIII illll IIIII lull IIiII ilill IIIII IliII IIIII Ilal 11111Ii11 IIII IIII ftg- I ° F ;,6a Frei: $16&00 vriil.i Rohln—, rlathmd lnurtty qi by time 0112V2010 11:5% AN ARTICLE [1 DEF'fMTiONS The following terms are given the definitions set forth below, and when used in this Declaration the defined terms are capitalized. Section 2.1 Association and P.O.A. shall mean the Silverbrook Estates Property Owners Association. The Association may be incorporated as a Montana nonprofit corporation, with its Members as the residential Lot Owners. The Declarant reserves the right to create associations of the commercial property owners and/or the R-4 Residential Lot owners, as well as a master association with over -arching jurisdiction over the other associations. Declarant reserves the right to structure these associations of the Silverbrook property owners in the manner Declarant believes best serves the interests of Silverbrook Estates. Section 2.2 Contract Purchaser shall mean a person buying a Lot pursuant to a contract for deed, Montana Trust Indenture or mortgage. Section 2.3 Covenants and CC:Rs shall refer to the Declaration of Covenants, Conditions. Restldetions (this document). Section 2.4 Declarant shall mean and refer to 93 and Church, LLC, and its successors and assigns. Section 2.5 Directors shall mean the Board of Directors of the Association who shall be elected at the annual meeting pursuant to the Bylaws. Section 2.6 Design Guidelines shall mean the guidelines and rules adopted and incorporated herein by this reference. The Design Guidelines may be amended and supplemented from time to time pursuant to the requirements set forth in the Design Guidelines. Section 2.7 Impranentent(s) shall mean all buildings, parking areas, loading areas, fences, walls, hedges, plantings, lighting, poles, driveways, roads, ponds, lakes, trails, gates, signs, changes in any exterior color or shape, excavation and all other site work, including, without limitation, grading, read construction, utility improvements, removal of trees or plantings, and any new exterior construction or exterior improvement which may not be included in the foregoing. Improvewerat(s) does not include tort, shrub, or tree repair or replacement or changes to existing builcbngs which do not change exterior colors Dr exterior appearances. Isrprovement(s) does include both original improvements and all later changes to improvements. Section 2.8 Lot(rJ shall mean all of the real property herein described and subsequently surveyed and platted into lots as Silverbrook Estates development, according to the official plats thereof filed of record in the office of the Cleric and Recorder of Flathead County, Montana. There will be lots for individual residences, townhome lots and commercial lots. Section 2.9 Majority shall mean fifty-one percent (511/6) or more of cast votes in reference to the Association and its Members. Section 2.10 Member shall mean any Owner or Lot Owner of a residential Lot. Each Member or Owner agrees to abide and be 'bound by these Covenants, the Articles of Incorporation, the Design Guidelines, and the Bylaws and the Resolutions of the Property Owners Association. Section 2.11 Open Space or Common Area shall mean all of the property conveyed to the Association for use by the Association and its Members and Owners in common including roads, trails, parks and waterways. Common Area also includes those areas not conveyed to the Association, but with respect to which the Association has responsibility, such as boulevards, sidewalks and landscaped areas within road rights -of -way owned by the City of Kalispell. Section 2.12 Owner or Lot pewter shall mean any person or entity owning a fee simple interest lit a Lot or a Contract Purchaser, whether one or more persons or entities, owning or purchasing a Lot, but excluding those baying a mortgage or an interest merely as security for the performance of an obligation, provided, however, that prior to the fiirsc conveyance of a Lot for value, the term "Owner" shall mean i ist Atnandnlent in and Complete Restatement of Declaration of Cavenants — Silverbrook Estates / Page - 3 - II��II�I �I Ilul IIIII I IIII 111111111111111 IIIIIIIII11YII IIIlI ffI II1 1 lu1 II1II 1IAII 1lIl 1�II P� ofZ 4 FM.;. See+Y.uu P-1a R.H.— Flathead County M) by ti- 61t2412010 11:55 RR "Declarant" or its successors or assigns. The term "person" hereinafter shall include any person, persons or entities, Section 2.13 Period of Declarant Contral shall mean the period beginning on the date the original Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana, and ending on the earlier of (i) the date which is seven (7) years later, or (ii) the date on which the Declarant has sold seventy-five percent (75%) of the Lots in Silverbrook Estates, including any annexations or additions to the subdivision. The Period of Declarant Control may be reinstated or extended by agreement between Declarant and the Association, subject to whatever terms, conditions, and limitations the Board of Directors may impose, After the termination of the Period of Declarant Control, Declarant, if still an Owner, will continue to have all the rights and duties ordinarily given to Owners under this Declaration. Section 2.14 Property means and includes the property described on Exhibit A and initially subjected to this Declaration, and also refers to any additional real property that may be incorporated in the Project from time to time and made subject to these Covenants pursuant to the provisions of this Declaration. Section 2.15 Other Definitions: Other definitions may he found throughout these Covenants. Any term not specifically defined shall be deemed to have its common and ordinary meaning. ARTICLE III CONFIDENTIALITY Section 3.1 Duty of Confldetulaliry: Silverbrook Estates and its P,O.A, shall maintain the confidentiality of information at all times. This requirement recognizes that Owners leave a reasonable right to privacy and that an Owner could be hanned by an unjust or unfounded allegation of a violation of a Covenant or rule relating to the Property. At the same time, Owners who report violations should be able to do so without fear of reprisal. Section 3.2 Iuiparranny of Confidentiality: In situations involving alleged violations of the Covenants, confidentiality facilitates interaction between the Association and its Members. Communication can be less guarded and more direct than it would be with a public process. Confidentiality helps the Association determine the facts in disputes involving neighbors. Complaints and counter -complaints from neighbors sometimes arise; sometimes these are legitimate, sometimes they are exaggerated or fabricated. Confidentiality Helps in distinguishing facts from feelings in such cases. Confidentiality also guards against adverse publicity and public misunderstanding for individual Owners and for the Association. Section 3.3 Disclosure in Reporting: Those who report covenant or rule violations to the Association must disclose their identity, but the Association shall take care to protect the confidentiality of such reports. Reports of violations shall be submitted in writing and signed. Generally, reports submitted anonymously to the Association will not be investigated or pursued. There are several reasons for this policy! 3.3.1 The requirement that reports of violations be signed and in writing allows the Association to contact the reporter when additional information is needed. An anonymous report affords insufficient means for follow-up. 3.3.2 Requiring disclosure of a violation reporter's identity to the Association significantly reduces the number of frivolous or unnecessary complaints. Anonymous complaints are often less reliable than those in which the reporter's identity is disclosed. 3.3.3 The Association cannot initiate enforcement action without just cause. Written complaints document that cause. This helps internally within the Association; directors who must act on a problem can be assured that a reliable rendition of the Complaint exists. If the matter results in legal action, written documentation is in the hands of the Association. Firs! rt++�erldnterlr try a+ld Cnniplele Restatensent ojDecfaruero+r nj Ctluerrauts Silver6ronk L� cftrtcs / Page - 4 - ! IIi�IPII III fPlll Ili IIQP IIII! IIl1P IIIII IINI IIIII IIIII iPlll IiIII IIQIlIIP Ili! P '°°s �' =gig" Pees: tiea.ao PauTs RDhi­ems, Fiarnbad aa,..,y m ay t+o U11291201e ss_ss AM ARTICLE IV SILVERBROOK ESTATES PROPERTY OWNERS ASSOCIIATION Section 4.1 Establishinettt of Association: An association is hereby established known as "Silverbrook Estates Property Owners Association" hereinafter referred to as the P.O.A. or the Association. Said Association may be incorporated under a different name as may be determined by the Association and approved by the Montana Secretary of State. Section 4.2 Association Membership and Voting Rights. Every Owner or contract purchaser of a residential Lot shall be a member of the Silverbrook Estates Property Owners Association. Membership shall be appurtenant to and may not be separated from the ownership of any Lot. Each Owner shall be responsible for notifying the Association of their acquisition of ownership, of their mailing address, and of any subsequent changes of ownership or trailing address. The initial address of the Association shall be 33 Hunter Circle, Suite 1, KalispeIl, Montana 59901. The address of the Association may be changed by the Board of Directors upon notice to the Owners. All members will he entitled to vote on Silverbrook Estates Property Owners Association matters on the basis of one vote for each Lot owned, When more then one person holds an interest in a Lot, all such persons will be Members, but they may cast only one vote for each Lot with such vote to be cast in such manner as those multiple owners may determine among themselves. For the purpose of determining membership at any meeting, a person or entity shall be deemed to be a Member upon the recording of a duly executed deed to that Owner, or upon the recording of a notice of a purchaser's interest or an abstract of a contract ror ecodd showing a contract purchase by an Owner. The legal title retained by the vendor selling under contract shall not qualify such vendor for membership. Foreclosure of a mortgage, trust indenture or the termination or foreclosure of a contract for deed wherein title is vested in the mortgagee, beneficiary or original seller on a contract, or repossession for any reason of a Lot sold under a contract shall terminate the vendee's membership, whereupon all rights to such membership shall vest in the legal owner. Section 4.3 .Association Meetings: The annual meeting of the Association shall occur in May of each year in accordance with the notice requirements set forth in the Association's Bylaws. Special meetings may be called by the President of the Association or by a majority of the Board of Directors, or upon written request of Members who are collectively entitled to vote at least twenty percent (20%) of all of the votes in [he Association. Special meetings shall require seven (7) days notice, in writing. Notice of annual and special meetings shall be mailed to Owners at the address for each Owner as maintained by the Association. The presence of Members, in person or by written proxy, representing twenty percent (200/.) of the total votes of the membership shall constitute a quorum. At the annual meeting, the Members shall review and approve a budget for the next year, elect Directors and conduct such other business as shall be reasonable or necessary to carry out the purposes of the Association. The Berard of Directors shall be comprised of not less than three (3) Directors or more than seven (7) Directors, The annual meeting of the Board of Directors shall be held immediately after the annual meeting of the Members. At the annual meeting, the Directors shall elect a President, Vice -President, Secretary and a Treasurer for the Association from among the Directors, except that the Secretary and Treasurer may be Members who are not Directors. This Section is subject to Declarant's rights set forth in Article XD( during the period of Declarant control, Section 4.4 TurnovertMeedug: The Declarant reserves the right, at any time before the expiration of the Period of Declarant Control, to call a special tweeting of the Association for the purpose of transferring control of the Association to the Members. Should the Declarant call such a meeting„ it shall present to the Members its plan for the orderly transfer of control the Association to the Members, and the Members will be obligated to accept control of the .Association in accordance with such plan. Firsi.elnrendinent to and Complete Restalenie:rl of Deelaralion of G'ovenords - silverbrook &ores / page - s - Illllilllll Il[II IIIII IIIII Iflll IIIIIIIIII IIIII full IIIII IIIIIIIIII III11F IIII P. 6 of 264 Fms: slea.oa Pnurn Nohi naan, 11.0-0 County Nr by ti— ❑r/M/2010 J55 AR Section 4.5 Tert►ts of Directors: The Directors shall serve for a term of three (3) years as set forth in the Bylaws, Each Director shall serve until replaced by his or her successor, Any vacancy on the Board of Directors occurring before the next annual meeting of the Members shall be filled by appointment or special election as determined by the remaining Directors. This Section is subject to Declarant's rights set fottb in Article )I£ during the period of Declarant control. Section 4.6 Board Powers: The Board of Directors shall have the power and responsibility of acting on behalf of the Association and its members as shall be reasonably necessary to cant' out the purposes of the Association, including but not limited to taking such actions as shall be necessary or reasonable to care for, protect and maintain the Open Space and Common Areas; to enforce these Covenants and the Design Guidelines; to levy and collect assessments; to set annual and special meetings; and to act in any other matters set forth herein or which may serve Silverbrook Estates, including the formation of special improvement districts, either public or private, for such improvements as the Association shall approve, The Directors shall act by simple majority vote. The officers of the Association shall follow the directions of the majority vote of the Directors, Section 4.7 Board Duties: The duties of each of the officers shall be as follows: 4.7.1 Preside w The President shall preside over all meetings of the P.Q.A. The President shall call the membership together whenever necessary. The President shall be the general administrative and executive officer of the P.O.A., and shall perform such duties as may be specified, and exercise such powers as may be delegated to the office of President by the Hoard of Directors. 4.7.2 Nee -President: The Vice -President shall exercise the powers of the President in the absence of the President. 4.7.3 Secretary: The Secretary shall give notice of all meetings of the P.O.A. and shall keep a record of the proceedings of the meetings of the P.Q.A. The Secretary shall be authorized to sign on behalf of the P_O,A, all records, documents and instruments when such are authorized to be signed by the P.O.A. 4.7.4 Treasurer. The Treasurer shall keep and maintain adequate and correct records of the accounts, propertics and business of the P,O.A., including accounts of its assets, liabilities, receipts, disbursements, gains and losses. The Treasurer shall prepare and report such periodic accountings as shall be required by the P.O.A., but not less frequently than annually. Section 4.8 Jurisdietfon of the Association: The Association shall have jurisdiction over all areas of Silverbruuk Estates which are designated as residential on the, final plat of the subdivision or by City of Kalispell zoning ordinances. Section 4.9 Addiiio►:al Associations: The Declarant reserves the right, to establish additional associations of Silverbrook Estates property owners to further the objectives of this Declaration and to promote the interests and enhance the governance of Silverbrook Estates. Such additional associations may consist of an association of the commercial property owners, as association of the townhome Lot owners or a master association to oversee and coordinate the fimetions of all the sub -associations. ARTICLE V ANNUAL AND SPECIAL ASSESSMENTS Section 5.1 Assessnie►rts: Each owner, whether or not it shall be so expressed in any deed or contract, is deemed to have agreed to these Covenants, and to pay to the Association; a) Annual assessments or charges; and b) Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. First Amendnretrt to and Comptese Reslalensent ofDeedaralion of Covenants — Siblerbrook Estates 1 Pege - 6 - I IIIIIIPI III IIIII IIIII IPIII ITII IIIIP IIIII IIIIP IIIII I�il lllll llll Illii llll IIII � °°°`:�:;64 tes5: ii611. PNula ttw lnaerv,, flnlhewd [wuty N7 6y t4m 43/23/L410 ;L:SS AN The annual mid special assessments, together with interest, costs and reasonable attorneys fees, shall lie a charge on the Lot, and shall be a continuing lien upon the property against which each such assessment is made. Each assessment, togetler with any accreting interest, costs and attorney's fees, shall he the personal obligation of the Owner of such Lot at the time when the assessments are due, Section 5.2 Pnrpase of Assessments. The assessments Ievied by the Association shall be used to promote the health, safety, convenience, recreational opportunities and welfare of the Owners; for the improvement, repair and maintenance of easements, trails, water features, roads, Open Spaces, and Common Areas; and for any other purposes, expressed or implied, in these Covenants. Section 5.3 Annual Assessments. The maximum annual assessment per Lot which may be made by the Association in any calendar year shall not substantially exceed the projected and budgeted actual and reasonable costs to be incurred by the Association during the coming year in carrying out its functions, and may include a reasonable reserve for contingencies. The amount of the annual assessments shall be faxed by the Board of Directors in the following manner: At each annual meeting of the Members, the Directors shall present a proposed budget of the estimated expenses for the Association for the coming year to the Members for review, discussion, amendment, comment and approval. The Members shall approve or amend the proposed budget by a majority vote of the Members present or voting by proxy. After the annual meeting, the Board of Directors shall set the amount of the assessments and the date(s) upon which they are due for the coming year to cover the budget approved in the manner herein set forth. I+ ionvithstanding the foregoing, the annual assessment per Lot during any twelve (12) month period shall not increase more than test percent (10%) from the immediately preceding 12-month period. Section 5.4 Special Assessments for Capital Improvements.. In addition to the annual assessments authorized above, the Association may levy special assessments for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, or other capital improvements on the Property, including fixtures and personal property related thereto, provided that any such assessment shall have the approval of two-thirds (2/3) or more of all of the votes of the Members who are present, in person or by proxy, at a meeting duly called for that purpose, Special assessments may be levied to be paid over one or more years. Assessments for normal maintenance and repairs shall require only a simple majority vote. Section 5.5 Uniform Rate of Assessment. Annual assessments shall be fixed by the Directors at a uniform rate for each of the following three (3) categories- Neighborhood IComtnercial, R-4 Residential and Residential Single Family. All commercial Lots will be included in the Silverbrook Estates parking district, Each of the commercial Lots is subject to additional assessments relative to their parking obligation associated with that Lot. Section 5.6 Due Date of Assessments. The annual assessments shall be payable in monthly installments as directed by the Board of Directors. The Board of Directors shall make provision for prepayment of the annual assessment such that the Members have the ability to prepay their assessments quarterly or annually. Due dates for assessments shall be determined by the Board of Directors. The Board of Directors shall fix the amount of the annual assessments upon each Lunt at least thirty (30) days in advance of the due elate of each annual assessment, and at least ninety (90) days in advance of special assessments. Written notice of the annual and special assessments shall be mailed or personally delivered to every Owner subject thereto, at the last known mailing address. Section 5.7 Firibire to Pay Assessments; Remedies of the Association Any assessment not paid within thirty (30) days after the dire date shall bear interest from the due date at the rate of ten percent (10%®) per annum. The Association may bring an action against the Owner obligated to pay the same or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Open Space or Common Areas, or by abandonment of their Lot. Upon delivery of the notice of assessment to the Owner, the assessment shall be a lien upon the Owner's Lot until paid. The Association may record a notice of the lien with the Clerk and Recorder of Flathead County, Montana. If the assessment is not paid within thirty (30) days after the recording of the notice of lien, the Association may foreclose the lien in the manner set forth under Montana law for the foreclosure rirst /hnendnrrarf to and Cato Clete Resramnew of Declaratfan of Covenants - SlIverbrook Estates / Page - 7 - IIIIIfIIIIiIIIIIIIfIIIIIIIIIIIIILIIIIIIIIIIIIIIII�IIIILIILi111111111111111iL11 P 9 — 264 P-7- Rn6in,on, nntheed County Mr � tires O2/28/ O"pQ W-55 AM of liens against real property. The Association shall be entitled to recover froth the Owner any and all reasonable attorney's fees and costs incurred in the collection of any delinquent assessments. Section 5.8 Sale yr Transfer of a Got. The sale, transfer or encumbrance of any Lot shall not affect the personal liability of the Owner responsible for the assessment or the assessment lien if the lien is recorded In the records of Flathead County, Montana, No sale or transfer to a third party with actual or constructive knowledge of an assessment shall relieve such new Owner from the liability for any outstanding assessments, or from any assessments thereafter becoming due, or from the recorded lien thereof. A person or entity purchasing a Lot shall be responsible for checking with the Association for any outstanding assessments against said Lot before closing the transaction. Section 5.9 Waiver: During the Period Declarant Control, Declarant reserves the right to waive any assessments it deems advisable, in its sole discretion. ARTICLE VI SUSTAINABILITY 5eetian 6.1 Conrtnitment to Sustai►iable Development: The preservation of the natural beauty and quality of life found in the Flathead Valley — sustainability — is an important objective of Silverbrook Estates. 'These Covenants are intended to ,promote and ensure a more environmentally conscious way of living. There are provisions throughout these Covenants and the Design Guidelines which emphasize and foster the concept of sustainability. All such provisions trust be met by any development project within Silverbrook Estates, unless a waiver or variance is granted by the Design Review Committee. ARTICLE VH DESIGN GUIDELINES Section 7.1 l5rtent of Design Guidelines: The intent of the Design Guidelines, a separate document adopted to govern the building of any and all structures in Silverbrook Estates, is to define a level of duality and consistency of building design which will maximize the overall quality of Silverbrook Estates. The creativity of the Owners and their professional consultants will be respected, Individual expression is encouraged, provided it is harmonious with the overall character established by the Design Guidelines, Section 7.2 Compliance With Design Guidelines: The Design Guidelines are incorporated herein by reference and are enforceable as if they were a part of the Covenants. All Improvements shall be in conformance with the Design Guidelines. Variances may be granted if a plan is of excellent architectural design and meets the overall philosophy of the Design Guidelines. Section 7.3 Design Review Committee: The Silverbrook Estates Design Review Committee (DRC) is hereby established and shall carry out all duties bestowed upon it by the Association, these Covenants, the Design Guidelines and any amendments to such documents. The procedures for seeking DRC review and approval of any proposed Improvement are set forth in the Design Guidelines, No Improvement of any kind shall be commenced without the written approval of the DRC. Each structure must be constructed in compliance with the Design Guidelines, including but not limited to, location, size, height, color, materials, design and all other requirements of the Design Guidelines. All landscaping must be installed within the first growing season following substantial completion of any residential of commercial development. ARTICLE VIII SILVERBROOK ESTATES DESIGN REVIEW COMMTTEE (DRC) Section 8.1 Authority of DRC: The Silverbrook Estates Design Review Committee (I)RC) shall act in addition to, and not in lieu of the City of Kalispell and its planning and zoning authority, to which Silverbrook Estates is subject. Neither the City of Kalispell not its Planning Board, however, is an appeal board for the DRC. The DRC is given authority through Article VIl above. Feat Anrendine t to and Complete Restatenient of Declaration of Cai,errants — Sihierhrook Estates / Page - 8 - I lilll!!I III IlII! IIIII ICI! IIIII Ill11 IIIII ll!!! IIIII lllll IIIII IIIII lilll Ills IIII Pg.- 9 of 2 Fcxs: sma.00 Paula Ko.6inxun. Rath a County KE by ti" 01/88/EOIO -:'s M Section 8.2 DRC Organization and Enaforcextew: The DRC will be organized by the P.O.A., which is responsible for appointing DRC members and setting their terms of service. The DRC shall consist of three members appointed by the P.O.A, Section 8.3 Paarpose of the DRC: The DRC is established and ,given the authority to coordinate, interpret, apply and assure fair and equitable implementation of the Covenants and Design Guidelines. The objective of the DRC is to encourage a level of quality that will enhance both the natural and built environments of 5ilverbrook Estates, Section 8.4 Dati+rs of the DRC; ne DRC is responsible for administering the Covenants and Design Guidelines and performing the tollowing duties: 8.4.1 Adopt Rules: To adopt such reasonable rules and procedures as it deems necessary to carry out its fuactions. 8.4.2 Require Plans: To require any of the following it deems necessary for its review of a project: a) Site plans b) Landscape plans c) Building plans, elevations, and associated drawings d) Material and color samples e) Other informations deemed appropriate to individual proposals 8.4.3 Require Review of All Improvements: To require that all proposed Improvements be reviewed under the design review process (see Article IX, below) and that all plans are reviewed and approvals granted before the commencement of any construction. 8.4.4 Enforce Rules. The DRC is given broad powers to apply and enforce all rules relating to Improvements, and to: a) Determine the adequacy of plans submitted to it; b) Enforce height requirements contained in the Covenants and Resign Guidelines and to impose such requirements where they are not specified; c) Reject materials, design, and colors submitted with plans and the plans themselves, if they are not compatible with or are inappropriate to the overall vision of Silverbrook Estates or do not con lorm to the Design Guidelines; d) Hear all testimony related to variances and grant variances to the Covenants and Design Guidelines as it deems appropriate; e) Interpret the Covenants and Design Guidelines as it deems appropriate and make rulings thereon; f) Require that all improvements be constructed in substantial compliance with approved plans and specifications; g} Enforce the Covenants and Design Guidelines in a court of law; 11) Revoke or suspend approvals and order the suspension or cessation of any construction in violation of the Covenants or Design Guidelines or any approval issued by the DRC; and i) Require that a fee of $200 for residential projects or $1,000 for commercial projects be paid to the P.t}.A_ for the review of building plans and specifications. Section 8.5 Liability. Neither the DRC, the Association or the Declarant, or any member thereof, shall be liable to any Owner or any other person or entity for any damage, loss or prejudice suffered or claimed on account of the following, so long as the DRC or member has acted in good faith: a) The approval or rejection of any plans, drawings or specifications, whether or not defective; b) The construction or performance of any work, whether or not pursuant to approved plans, drawings or specifications; c) The development or manner of development of any property within 5ilverbreok Estates; and d) Any other act carried out in the DRC's or member's official capacity. Flrsr rt r�rsatrhnenr fa Arad CortR phone Resfalesteraf vj2ieeaaraafan QjCoue+�anas - Sriverlaroolr Estates I Page - 9 - IIIIIIII III IIIII pill EIIII IIIII IIIII IIIII f IIII flllf IIIII IIIII IIIEI IIII! IIIII IIII IIII Pagr°° Q of 24 Foes; 3Ire.60 Poula AVb lns�.., 1'Nuthr:�et Cunn6y Pit by t 4eu .t fe.11olo HN5 IIM ARTICLE Ix DESIGN REVIEW PRO+CE,SS Section 9.1 Applicability of Design Review Process: The design review process must be followed for any of the following: a) Construction of any building; b) Renovation, expansion, or refinishing of the exterior of any building; c) For commercial buildings, interior changes which affect the major function of a building; d) Site alterations, including roads, parking and driveways; e) Major landscaping including fences and walls; f) Exterior lighting changes; and g) Utility installation or modification. In addition to meeting the requirements of this Declaration, an Owner must comply with the requirements of all governing agencies including the City of Kalispell and the State of Montana in order to obtain required building permits, certificates of occupancy, temporary certificates of occupancy or similar authorizations. Section 9,2 Plant Requirements: All architectural and building plans submitted to the DRC shall be of architectural quality prepared by a licensed architect or architectural designer. All site, landscape and irrigation plans shall be prepared by a certired irrigation designer, landscape architect or landscape designer. The DRC shall reject materials, designs and colors submitted with the plans, and the plans themselves, if they do not Comply with the Covenants and Design Guidelines, or are not compatible with the overall plan for Siiverbrook Estates, Section 9.3 Han Review and Approvah The Silverbrook design review process consists of two steps; Initial Plan Review and Final Plan Review anti Approval, It is recommended that Owners follow this two-step process for any major building project. Owners may, however, submit materials for Final Plan Approval without an Initial Plan Review. Owners may appeal unfavorable DRC decisions to the Silverbrook Estates Property Owners Association. 9.3.:1 Initial Plan Review, The purpose of die Initial Plan Review is to consider the conceptual design of the proposed project. The review will consider existing site conditions and planned improvements, building floor plans and elevations, roof design, architectural character or expression, exterior materials, grading, drainage and erosion control measures. Owners and their representatives should consult the Initial Plan Review Checklists and Evaluation Criteria for submission requirements. The Initial Plan Review consists of the following steps: 1. The Owner/architect prepares and submits to the DRC two copies of the Initial. Plan which must include all information required by the Initial Plan Review Checklist. 2. The DRC reviews the Initial flan at a scheduled meeting acid notifies the Owner in writing of its findings witWn ten (10) business days. 3. If necessary, the Owner may resubmit an Initial Plan or appeal to the P.O.A. within thirty (30) business days. 9.3.2 Final Plait Review and Approval. The Final Plan Review and Approval addresses the final design details of the project. The review will consider planned improvements, building elevations, building sections, Hoof design, architectural character or expression, exterior materials, site conditions, grading, drainage and erosion control measures. The Final Plan Review Checklist and Evaluation Criteria set forth the submission requirements. The Final Plan Review and Approval consists of the following steps: Upon approval of the Initial Plan the Owner/architect shall prepare and submit two copies of the Final Plan which shall include all information required by the Final Plan Review Checklist. Firsr /ta+ieridar€eltr ro ei+d Carnplerc Resu�rctuenr ajDeclarur[an afCoverral�rs — Sfh+erbrarrk Esrarea / Page - 10 - I IIIIIIIIIII IIIII IIIII Illll IIIII Ilill lull IIIIV IIlli Illll Illll IIIII Illll IIIII IIII IIII P 70000of 2a4 Paula Rahi--, Flathead C— MTh tin. F ,s= IIII " Ty' Y [tl Ii8I2010 1 $ r AN 2. The DRC notifies the Owner in writing of the Final Plan Approval decision within ten (10) business bays. 3. Upon issuance of written approval, the Owner may apply for a building permit and design approval from the governing authorities. 4. If necessary; the. Owner may resubmit a revised Final Plan or appeal to the P.O.A. within thirty (30) business clays. Chapter XI of the Design Guidelines contains the Checklist Forms, listing the required steeps and submittals needed for both the Initial Plan review and the Final Plan Review. To make sure that the Owner, the Owner's architect, builder or other representative files a complete submittal package with the DRC at each stage of tilt review, it is recommended that these farms be used in compiling the necessary materials prior to scheduling a review by the DRC. ARTICLE X CONSTRUCTION PROCEDURES Section 10.1 .Approvals Regnired Prior to Cotnttreneolnent of Construcdon. No construction may be commenced until Final Plan Approval has been received from the DRC and all required building permits have been issued by the appropriate regulatory authorities. Building construction must strictly conform to the approved Final Plan. Section 10.2 Plant Modlftrations: All modifications to previously approved site, landscape or building plans must be submitted to and approved by the DRC. Section 10.3 Construction Coeles. All structures shall be constructed in compliance witt applicable state, local and federal codes for construction, including codes for seismic Zone 3 and National Fire Protection Cedes. Section 10.4 Construction Regulations: 10.4.1 Noise Abatement and Hours of Work: Heavy equipment operation and other loud noise from construction is prohibited between 7:30 p.m. and 5:30 a.m. No blasting is permitted at any time. 10.4.2 Constraeflou Staging and Material Storage: All construction staging, including but not limited to, material storage, equipment storage, construction trailer placement, etc., must take place within the Lot for which the building permit was issued unless an alternate staging area is approved in writing by the DRC. All parking in connection with the construction shall he on dedicated public streets or the lot on which construction is taking; place. 10.4.3 Trash Contaitnnent and Removal: Trask and construction debris shall be cleaned up an a daily basis in containers which shall he emptied on a regular basis to insure sufficient roorn to stare trash at the end of each working day. Owners must ensure that dacir contractors remove and dispose of, at an authorized county landfill, any excess brash and construction debris. Burning of construction debris within Silverbrook Estates is prohibited. 10.4.4 Tree and Property Protection: Construction practices must include care during grading and excavation to avoid damage to existing trees and shrubs and their root structures. All construction equipment and activity including vehicular movcmcnt, unloading or daily parking, as well as stockpiling of materials and topsoil must be kept within the perimeter of the Lot unless specific written authorization to do otherwise is obtained from the DRC. Any adjacent property including roads or Common Areas damaged during construction shall be restored and re - vegetated within thirty (34) days of the occurrence to the satisfaction of the DR{C. if such restoration is not wmpleted promptly, the DRC may contract for such restoration with all costs to be charged to the Lot Owner or person in whose name the Final Plan approval was issued. 10.4,5 Temporary Structures: A small job office or trailer may be located on the site during the construction period. The job office must be removed from the site within fifteen (15) days of completion of construction. Mrst Anlendment to and Cornplete Restaleiuerst of Declaration of Cbveuanly -- Silverbrook Estates ! Puge - 1 t . 1 llllllll III 111i111111IF IIII IIIIi IIIII 11lf i iHI IIIIll lllli Ilfll l�If iIIII IfII III 00of _4° Fees: IS QD Paul. H.bi ... nm1hebd C_ty Hi by liar 011zatzoLe 11:55 M 10.4.6 Construction Sequence. No accessory structures, buildings, garages or sheds may be constructed or maintained on any Lot prior to the construction of the main structure of the residence. Provided, however, that the provisions of this sub -paragraph shall not preclude temporary construction shelters (addressed in Section 10.4.5, above). 10.4.7 Erosion Control. All disturbed areas shall be protected from erosion during and after the construction period. Erosion control shall be implemented during construction to insure sail stabilization and sediment control, and to foster timely re -vegetation. No Owner may change the drainage pattern on any Lot without the specific approval of the DRC. Section 10.5 Building 11ispections: The DRC will not inspect projects for building code conformance. Compliance with building codes and regulations is the responsibility of each Owner. The DXC will, however, from time to time inspect construction sites for compliance with approved plans, the Covenants and Design Guidelines. It is the responsibility of the Owner or the Owner's representative to contact the appropriate state, local and other authorities regarding electrical, plumbing and other required inspections for building code conformance. Section 10.6 Constrrrcfion Conimencenseut and Completion., The construction of the primary residential stnacturt must be substantially completed within eighteen (19) months of the commencement of construction. Section 10.7 Coresmtectlon Time Evensions and Penalties: The POA may, in its discretion and subject to appeal to and review by the Board, extend the construction time limits set forth in this Article X, or impose appropriate penalties for failure to comply with such time limits. Such penalties may include fines which will be treated in the same manner as assessments, which if not timely paid will become a lien against the Owner's Lot. ARTICLE XI PROPERTY USE AND RESTRICTIVE COVENANTS Section 11.1 Hunting: No hunting of, shooting at or harassing of buds, animals or other wildlife is permitted. Skunks, gophers and rodents may be trapped, however, poison may not be used. Section 11.2 Pets: No livestock, poultry or other animals, except domestic dogs and cats, or small house pets and birds, are permitted. Excessive numbers of pets of any type are not allowed. Numbers become excessive when the pets become uncontrollable from within the interior confuses of the strocture on the property, thus becoming a nuisance to neighboring properties. All dogs, cats and other pets shall be strictly controlled by their owners so as not to annoy or interfere with the use of the properties by the other Qwnrrs and to prevent any interference or harassment of wild birds or animals in the subdivision or on surrounding or adjacent properties. Dogs and cats shall be kept on the owner's property and shall not be allowed to roam free. Dogs must be kept on a leash when not on the owner's Lot and pet owners shall immediately pick up all put feces from other Lots or Common Areas. Section 11.3. Artificial Feedhig: The artificial feeding of any big game animal is prohibited. Section 11A. Animal Proof Containers: All garbage must be stored in animal -proof containers. Foodstuffs, including garden, pet and other sources may not be stored out of doors unless kept secure in animal -proof containers. Section 11A. Acceptatrce of Wildlife Damage. Lot Owners acknowledge that wildlife damage to landscaping will occur. Lot Owners accept that risk and shall not file claims against adjacent Lot Owners, the Association, or any other ,governing body for such damage unless it is establisher) that a violation of these Covenants led to such damage. Section 11.6 Open Space and Trail Maintenance: The Association shall be responsible for the maintenance of all trails within Silverbrook Estates. The Association shall also be responsible for weed control, mowing, irrigation, care and maintenance of all Common Areas and Opcn Spaces as well as any other common amenities within Silverbrook Estates. The Association will use the assessment process to collect funds to pay for such care and maintenance. First d inendneew io and Complete Restatemelet ❑f DEClaradall of Caveiranis - Sihmrhrook F-vales J Puge - 2 - IfllIIIII1111111111111 IIN IIIIIIIII IIIII IIIII IIIII IIIII1QIIIN I1IIIII1I IIIIAI Pie°° 1 o2 114 Fors; 516$_pp Paula Aabinaa. iEOthe" u—ty IR by tiv. 0112$1ZQ10 11:SS AN Section 11.7 Noxious Weeds: In order to comply with the requirements of the Flathead County Weed Control District and the Montana Noxious Weed Conlml.rlct, the following rules apply: 11.7.1 Resiaonsihility for Control. The P.O.A_ is responsible for noxious weed control in all Open Spaces and Common Areas within the subdivision. Each Owner is responsible for the Owner's Lot. The P.O.A. will also act as the contact point for any noxious weed complaints within the subdivision. The control of noxious weeds by the P.O.A. on those areas for which the P.O.A. is responsible and the control of noxious weeds by individual Owners on their respective Lots shall be as provided in the Montana Noxious Weed Control Acl (Section 7-22-2101, el seq., MCA) and the rules and regulations of the FIathead County Weed Control District. 11.7.2 Faifure to Control; Authority of P.O.A.: Both improved and unimproved Lots shall he managed for noxious weeds. In the event an Owner does not adequately control the noxious weeds, after ten (10) days notice from the P.O.A., the P.O.A. may cause the noxious weeds to be controlled. The cost and expense associated with such weed management shall be assessed to the Lot and such assessment will become a lien if not paid within thirty (30) days of the mailing of such assessment. Section 11.8 Water Testing: Silverbrook Estates will be connected to City of Kalispell water and sewer. Any and all testing shall be performed by the appropriate authorities appointed by the City of Kalispell. Section l l.9 Road Mairrteuarrcar All roads widlin the Silverbrook Estates Subdivision are to be owned and maintained by the City of Kalispell. However, within the road rights -of -way owned by the City of Kalispell there may be medians, landscaping and other amenities which will be awned or controlled and maintained by the P.O.A. These cornmon amenities are considered part of the Silverbrook Estates Common Area. Section 11.10 Driveway Location and Installation: Each driveway access point must be at least fifty (50) feet from the nearest road intersection. Driveways and driveway location must be pre - approved by the DRC. A four inch (4" ) sleeve for irrigation shall be installed under each driveway prior to construction of any driveway or driveway apron. All costs of the installation of the driveway, driveway apron and irrigation sleeve are the responsibility of lltee Lot Owner. Section 11.11 Fencing. Fences projecting beyond the primary fagadc of residences are prohibited. All fences mast ve Constructed with the finished fhs ade to the exterior of the Lot upon which the fence is being erected. The Declarant will install fencing along all residential rear lot lines along Silverbrook Drive and Church Drive. Section 11.12 Exterior Lighting: All exterior lighting shall be rellected downward with full cutoff illuminairies, No light spill outside of the property being illuminated is permitted. Exterior lighting may contribute only minimally to light pollution. Section 11.13 Storage of E•quiprnent: No Lot or adjacent street or road may be used for the storage of any inoperable vehicle, machinery or equipment, No Lot may be used for storage of any articles, vehicles, equipment or other personal property of any quantity in excess of the immediate needs and personal use of the Owner of the Lot or the occupants and ,guests thereof as the arse maybe, and shall not interfere with the use or enjoyment of neighboring Lots. Section 11.14 Commercial Equipment. No Lot or adjacent street or road may be used for the outside parking or storage of any commercial trucks (does not include 1-ton or smaller pickup trucks), large commercial vehicles or other heavy equipment, except as may be reasonably necessary during periods of conMetion. Nothing herein shall prohibit the storage of such vehicles within the cones of a garage approved by the DRC. Section 11.15 Recreational Equipment., All campers, trailers, motor homes, boats and all other recreational equipment shall only be parked on the owner's Lat. In no event shall such equipment be parked on roads, nor shall any equipment be parked such that it is visible from the streets or adjacent Lots Fl+•st Auierrdnrerar to and Cornplele liestalenweni of Dodal'rrlioa of Covenvrrts - Silverbrock Esrales J Page - J3 - 11111IIII III IIICI IIIII IIIIC IIIII IIIII II�II IIIIl I1111111111111111II IIIII IIIII IIlI11c Pie:14 .f ; JJ Fees: s168.0o r.el. Ru6lnaon. Flathead [aenty W 6y ti.. NP-9/z010 u:ss AN for a period exceeding seven (7) days in any thirty (30) day period. Storage or location of such equipment and vehicles for periods longer than those permitted by this section is allowed only in an enclosed garage or other screened area with such garage or screen having been approved by the DRC. Section 11.16 Offensive AcliY4. No noxious odors or offensive activity shall take place upon any portion of the Property, nor shall anything be done thereon which may be, or may become, an annoyance to the neighborhood. .Firearms may not be discharged anywhere on the Property. Any violation of applicable city, county or state laws or ordinances or other applicable governmental regulations constitutes a violation of these Covenants and may be enforced by the Association or individual Lot Owners. Section 11.17 Ditches, Ponds and Water Courses: Each Owner of property within Silverbrook Estates acknowledges the presence of water features located in the Open Spaces and. Common Areas of the development. Each Owner of property within Silverbrook Estates, as individuals and as members of the Association, acknowledges that water could pose a danger to humans, animals and property. By this acknowledgement, each Owner of property within Silverbrook Estates, as individuals and as members of the Association, assumes the normal and ordinary consequences of their actions when in, next to, or in the vicinity of water features within Silverbrook Estates. ARTICLE RII OWNERS RESPONSIBILITIES FOR MAINTENANCE Seetian 12.1 Opmers Responsibility for Lor. Except as provided in this Declaration or by written agreement with the Association, all maintenance of a Lot and the Improvements located on it will be the sole responsibility of the Owner of the. Lat, For purposes of allocating responsibility for landscape maintenance between the Lot Owners and the Association, the Lots will be defined as the area from the back of the curb to the rear lot lure. Each Owner will maintain its Lot in accordance with the community - wide standard of Silverbrook Estates. The Association wit), in the discretion of the Board, assume the maintenance responsibilities of such Owner if, in the opinion of the Hoard, the level and quality of maintenance being provided by such Owner does not satisfy such standard. Before assuming the maintenance responsibilities, the Board will notify the Owner in writing of its intention to do so, and if the Owner has not commenced and diligently pursued remedial action within thirty (30) days after the mailing of such written notice, then the Association may proceed. The expenses of the maintenance by the Association will be reimbursed to the Association by the Owner within thirty (30) days After the Association notifies the Owner of the amount due, and any sum not reimbursed within that thirty (30) day period will bear interest from the date of the expenditure until payment in full. Such charges will be a lien against the Lot. Section 12.2 Owner's Negligence: If the sliced for maintenance, repair or replacement of any portion of the Common Areas (including Improvements located on them) arises because of the negligent or willful act or omission of an Owner or his family member, guest, invitee or tenant, then the expenses incurred by the Association for the maintenance, repair or replacement will be a personal obligation of that Owner. if the Owner fails to repay the expenses incurred by the Association within 34 days after the notice to the Owner of the amount owed, then those expenses will bear interest from the date incurred by the Association until payment by the responsible Owner in Cull, and all such expenses and interest will become a lien against the Owner's Lot. ARTICLE XM 1C14MRGENCY SERVICES Section 13.1 Fire and Aretbstlana Silverbrook Estates will he under the jurisdiction of the Kalispell fire Department. Ambulance service will be provided by the Kalispell Fire Department. ARTICLE XIY OPEN SPACES Section 14.1 Purpose and Public Access: The Open Space within the development shall be accessible for public use. F1m(&nc!a&nent to and Complete Resratea,ent afDeclaralion of Cavenaws — Stiverbmak Estates / Page -14 - IIIIIIII�III ll�ll I�III Illll �flld IIIII lull I�lll IIIII llnIIIIIIIIliI �IIIII6III �llII�II s aaaa¢ x�a Fe sc sice.aa Pawn RvA —n. rIALhentl [aa+nty MT by tins 01/wg/20 10 LL:SS M Section 1.4.2 Mandatory ,Requirenicals.- The Open Space as designated ou the final plat shall be preserved in perpetuity. The Board, among its other duties, shall establish and Ievy assessments to pay for the taxes, insurance, maintenance and other expenses associated with the Open Space and Common Areas under the control and authority of the Association. The Association shall he responsible for liability insurance, local taxes and maintenance of recreation and other facilities in designated Open Spaces and Common Areas. "Ile Board may, in its discretion, adjust The assessments to meet the changing needs of the Silverbrook Estates community and the areas serving the community. Section 14.3 Permissible uses: No unauthorized motorized travel or horseback travel will he allowed within any of the Open Spaces or Common Areas. Signage in the Open Spaces and Common Areas is also hereby prohibited, Section 14.4 Nuisances. No Owner, guest or invitee may use or occupy the Open Space, trails, roads, Common Areas or any Lot in such a manner as to disturb or interfere with the peaceful use, occupancy or enjoyment of any other Owner or guest of Silverbrook Estates. Violations shall be enforced as provided for in Article XVI of these Covenants. Section 14.5 Conhwl and Management. The Association shall have the exclusive right and obligation to manage, control, improve and maintain the Open Space and Common Areas within Si lverbroolc Estates. ARTICLE XV UTiLITIIES IiNSTALLATION AND MAINTENANCE Section 15.1 Ulfi tles Easements: Easements for utilities such as electricity, gas, sewer, water, television, telephone and cable communications and other utility equipment shall be as designated on the Silverhrook Estates Subdivision Plat. All utility installations shall be underground. All Owners shall have the right to enter upon and excavate in such easements upon securing the approval of the DRC. Easements for ingress and egress and for utilities shall not be moved, deleted or restricted without the written approval of all affected Lot Owners and the Association. Utility companies and Owners must promptly restore disturbed areas to a condition as close as possible to the natural condition, of the land before worts commenced. Section 15.2 Utllltles Installation and Maintenance: Declarant or its designated representative shall install and P.G.A. shall maintain utility services to the Lots or to points in close proximity to the Lots. Owners shall bear all responsibility and costs for extending utilities from such points. All utilities shall be installed and maintained underground. Piping and wiring shall be concealed. Each Owner shall be responsible for utility installation and maintenance in accordance with applicable state and local regulations and the requirements of the DRC. Section 15.3 rater and Sewer. All improvements or structures designed for occupancy or use by humans shall be connected to dornestic water and sewer service provided by the City of Kalispell. All Lot Owners shall hook up to the city water and sewer systems when a structure is constructed on a Lot. ARTICLE XV I ENFORCEMENT, TERM AND AMENDMENT Section 16.1 Right to Enforce: The Owner of each Lot shall be primarily liable, and the occupant, if any, secondarily liable for the violation or breach of any covenant, condition or restriction contained in this Declaration or in the Design Guidelines. Violation or breach of any such covenant, condition, restriction or requirement shall give to Declarant, or the Association, following thirty (34) days written notice to the Owner or occupant in question the right, privilege and license to enter upon the Lot where said violation or breach exists and to abate or remove, at the expense of the Owner or occupant, any improvement, structure, thing or condition present on such Lot which is in violation of or contrary to the intent and meaning of these Covenants. The Declarant and the Association may also bring an action at law or in equity against the person or persons who have violated or are attempting to violate any of these Covenants, to enjoin or prevent a violation or to require that a violation which has already reamed Fir sr ftrxenduren[ tee mid Conrplcte ResturertrCut afl3eclnrnNn/r o/'Cavarrarrts -- 5rrvcr$rc®R �Estafcs 1 Aage -1S - I lillllll Il IIIII IIIII Illll IIIII IIIII IIIII IIYI IIIII I II IIIII IIIY IIIII Illll IIY IIII P.q.: 16 f 24+ Fees: SI".00 Paul- kn6isy,,, flathead C—ty NTNy tim 03,121"010 11ii5 AM be remediated. No such entry by Deciarant, the Association or their agents shall be deemed a trespass, and neither Declarant nor the Association or their agents shall be subject to liability to the Owner or occupant of said Lot for such entry or any action taken to remediate a violation. The cost of any abatement, removal or other remediation shall be a binding personal obligation on any Owner or occupant in violation of any provision of this Declaration, as well as a lien (enforceable in the same manner as a lien for delinquent assessments) upon the Lot in question. The lien provided for in this section shall not be valid as against a bona fide purchaser or mortgagee for value of the Lot in question unless a suit to enforce said lien shall have been filed in a court of record in Flathead County, Montana, prior to the recordation of the deed or mortgage conveying or encumbering the Lot to such purchaser or mortgagee. Section 16.2 Right of Enhy: During, reasonable hours and upon reasonable advance notice (not less than twenty-four (24) hours), and subject to reasonable security requirements, Declarant, the Association or their agents, shall have the right to cntcr upon and inspect any Lot and the improvements thereon for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and neither Declarant nor the Association or their agents shall be deemed to have committed a trespass or wrongful act by reason of such entry or inspection. Section 16.3 Enforcement. Enforcement of these Covenants may be by proceedings either at law or in equity against any person or persons violating, or attempting to violate, any provision of this Declaration. The legal proceedings may be to restrain the violation, to ramediate a violation which has already occurred, to recover damages, or any combination thereof. Should any lawsuit or other legal proceeding be instituted by the Association or an Owner against an Owner alleged to have violated one or more of the provisions of these Covenants, and should the Association or Owner enforcing the provisions of the Covenants be wholly or partially successful in such proceedings, the offending Owner shall be obligated to pay the costs of such proceeding, including reasonable attorney's fees for all time associated with the action Seetfon 16.4 Failure to Enforce Not a Waiver: The failure of the Declarant, the Association or an Owner, to enforce any covenant or restriction contained herein shall not be deemed a waiver nor shall it in any way prejudice the right to later enforce that covenant or any other covenant thereafter, or to collect damages for any subsequent violation. The waiver, or granting of a variance of a covenant by the Board or non -action of the Association or Declarant in the event of a violation of a oovenant by an Owner, shall not be deemed to waive or nullify the covenant or impair enforcement thereof as it pertains to other Owners or Lots. Section 16.5 Covenants Rust With Title: In any conveyance of a Lot or other portion of the Property, it shall be sufficient to insert a provision in any deed or instrument of conveyance to the effect that the property is subject to protective or restrictive covenants without setting forth such restrictions and covenants verbatim or in substance in said deed and without referring to the recording data. All of the Lots and other portions of the Property shall be subject to the restrictions of this Declaration whether or not there is a specific reference to it in a deed or instrument of conveyance. Section 16.6 Protection of Mortgagees: A breach of any restrictions or covenants contained in this Declaration shall not defeat or render invalid the lion of any mortgage or deed of trust trade in good faith and for value upon any Lot or portion of the Property or any improvements thereon. however, this Declaration shall be binding upon and shall inure to the benefit of any subsequent owner whose title thereto was acquired by foreclosure, trustee sale or otherwise. Section 16.7 Terin of Declaration: This Declaration and any amendments to it will remain in effect until the 50th anniversary of the date this Declaration is fast recorded in the office of the Clerk and Recorder of Flathead County, Montana, Thereafter this Declaration will be automatically extended for five successive periods often (10) years each, unless otherwise terminated or modified as provided below. Section 16.8 Amendment. Subject to the limitations of Section 16.9, this Declaration, or any provision of it, may be terminated, extended, amended or revoked as to the whole or any portion of the Property as follows: 16,8,1 Prior to Sale of Lots: Prior to the sale of any Lot (excluding any sale to a person or entity affiliated with Declarant), Declarant may terminate, extend, amend or revoke this First.4rarerrdrfrenttae2lydCoarpletraResrat�rr�entnjDeclaralfarrnfCoverrarrrs—Stfyer6raokGsfnrfs Page-16- l �llllll �� llll lull l�l�l lull lN 11111111111111111111111111111111111111111111111 v.Qc4 1� 7�oT 24 Paula r r. 6sn.n, 11.ttiewl County NT 6y cio tics: $t".au n11291-1. 11:9% AN Declaration as to the whole or any portion of the Property by reenrding in the records of Flathead County, Montana, a document signed by the Declarant stating the action taken. 16.8.2 After Sale of Lots But During Perron of Declarant Control. After the sale of a Lot (excluding any sale to a person or entity affiliated with. Declarant) but before expiration of the Period of Declarant Control, Declarant may terminate, extend, amend or revoke this Declaration as to the whole or any portion of the Property. A copy of the document stating the action intended to be taken by the Declarant and a notice of the Owner rights under this Section shall be mailed to each Owner by first class mail, postage prepaid, to the address of the Owner in the records of the Association. Unless written objection is received by Declarant from the Owners holding seventy- five percent (75%) or more of the votes within thirty (30) days of the mailing of the notice to the Owners, the action proposed to be taken by the Declarant shall be considered approved and shall become final. The Declarant shall then record in the records of Flathead County, Montana, a document stating the action taker,, together with a certificate certifying that notice was given to the Owners as required herein and that fewer than seventy-five percent (75%) of the Owners objected to the action. 16.8.3 After the Period of Declarant Control: After the Period of Declarant Control, this Declaration, or any provision or it, may be terminated, extended, amended or revoked as to the whole or any portion of the Property upon the written consent of Owners holding seventy-five percent (75°/u) or more of the votes in the Association. The amendment will be irrunediately effective upon recording in the records of Flathead County, Montana, the document setting forth the amendment executed and acknowledged by the necessary number of Owners, or alternatively, upon the recording in the records of Flathead County, Montana, of a copy of the document together with a certificate signed by an officer of the Association stating that the required number of consents of Owners were obtained. Section 16.9 Declarant Approval. No termination, extension or amcndmmt of this Declaration will be effective in any event during the Period of Declarant Control unless the written approval of Declarant is first obtained. ARTICLE XVU ZONING REGULATIONS AND CODES Section 17.1 General Information: Silverbrook Estates is located within the jurisdictional area of the City of Kalispell. All improvements in Silverbrook Estates shall comply with the ordinances of the City of Kalispell as well as this Declaration and the Design Guidelines for the development. In addition to the Design Guidelines, building design and construction will be regulated by city, county, state and federal regulatory agencies having jurisdiction. The Owners and their agents shall be responsible to ensure they are in compliance with all such regulations. Approval of a project by the DRC does not necessarily mean that the project is in compliance with staeh codes and regulations. Owners must ensure independently that their project is in compliance with all applicable local, state and federal codes and regulations. Any impact fees or other charges or assessments imposed an an Owner's project or in connection with the improvement of an Owner's Lot by the City of Kalispell or other regulatory authority are the responsibility of the Lot Owner. Lot Owners and residents of the subdivision are hereby notified that there are agricultural activities on adjoining and nearby properties, Lot Owners recognize and accept that standard agricultural and farming practices can result in dust, smoke, animal adars, flies and machinery noise. Standard agricultural practices include the use of heavy equipment, chemical sprays, periodic burning and the use of machinery early in the morning and sometimes late into the evening. No construction or alteration of any Improvements, including any site work, whether temporary or permanent, including but not necessarily Iimited to buildings, fences, walls, earthwork, paving, vegetation, signs or secondary structures such as utility or trash enclosures may be commenced on any Lot prior to receiving the written approval of the DRC. First Atttetrdrueut in uttd Cartrplete Rerr�ramenr afDeelarotrotr ojCauerruius — S!lNe� i�rookEsrntes I Page - 17 - 1 f11111i1 fll Illl Ilill Ilb IIIII bllll IIIII 1111111111111111111IIIIIIIIIIIIIII lil Illf P tea► zc,° Fws: S5 PMIiN Reb9nson, Fln[heud County ICf Ify lion 01/28/2010 LL1:55 AR Section 17.2 Gerier•a1 Developrrre►it Parariteters. 17.2,1 Density. Not more than one single family residence may be built on each single family residential Lot. The foregoing does not prevent one single family residence from being constructod an two or more residential lots. 17.2.2 Allnipable Uses — Residential. The residential Lots shall be used exclusively for residential purposes, and no more than one family (including its servants and transient guests) shall occupy such residence, provided however, that nothing in this subparagraph shall be deemed to prevent: a) The construction of detached garages which shall be in accordance with the Covenants and Design Guidelines, b) An artist, artisan or craftsperson from pw•suing his or her artistic calling upon the Lot or dwelling unit owned by such artisan, if such artist, artisan, or craftsperson uses such Lot or dwelling unit for residential purposes, is self-employed and has no employees working an such Loot or in such dwelling unit, and does not advertise any product or work or art for sale to the public upon such Lot or in such dwelling unit. c) The leasing of any Lot by the Owner thereof, subject, however, to all of the restrietions as may be adapted from time to time by the Association. Among the uses which are prohibited are safe houses, group day care facilities, and day care centers. (See Kalispell Zoning Ordinance 27.37,010 for definitions.) 17.2.3 Allowable Uses — Commercial,, The purpose of the commereial district is to provide goods and services primarily to the residents of 5ilverbrook Estates and their guests- It is also intended to be a buffer zone between the residential zone and the intersection of U.S. Highway 93 and Church Drive_ The base zoning for the commercial district shall conform to Kalispell's B-1 zoning. Prohibited uses include but are not limited to light rmanufuoturing, automobile service centers, adult novelty/bookstores and pawn shops. 17.2.4 Buifilhirg Envelopes: Each Lot in Silverhrook Estates shall have a building envelope surveyed and located on site. Ilic building envelopes are established by the setbacks which are set forth in Section 17.2.5, below. All dwellings, exterior parking spaces, garages, sheds, carports, porches and decks shall be contained within the building envelope. The DRC may approve the location of swimming pools outside the building envelope, so long as adequate and acceptable screening and fencing approved by the DRC is provided. 17.2.5 Setbacks and flit ding Envelopes. The following setback distances must be observed throughout Silverbrook Estates (setbacks shall be measured ,from the properly line to the fiAest projecting part of the structure): a) R-1 Residential Lots must comply with applicable Kalispell Zoning Ordinance: b) Single Family Residential Lots: ■ l0' side yard ■ 25' from yard ■ 20' rear yard 25' side corner yard ■ 30' rear yard where adjacent to Open Spaces along the Stillwater rover and its tributaries c) Commercial Lots: ■ 5' front yard ■ 10' side yard ■ 5' rear yard d) Tennis courts, swimming pools and other areas of active use and noise shall be buffered from adjacent properties. Fr�af rinrexrdrileait to Bard Coiripfdtd Re.�laterileur ❑fDectrrratiaa of Coi�eirands—SilverbrvvkL�'stotes /Page - !8- 11111111111111111111111111111111 HIT Illll llllf 1111911111IIII IIIII 11111111111111111 P 0 9o�f 26ry Oau1a RAhinsan, F7aCMwd Cnun[y HT by t1Mw OIY28/2014 11755 AN e) Additional setbacks from tree masses, native vegetation transition zones, topography, drainage, view corridors, roads, paths and utility easements may be required by the DRC. f) A minimum setback of 100 feet is required for all buildings adjacent to declared wetlands and 50 ;feet to other declared waterways, g) Any building envelope overlapping with front, rear or side yard setbacks shall be restricted by the required setbacks. 17.2.6 Maximum Lot Coverage: The maximum allowable coverage of any Lot subject to the R-2 residential zone under the City of Kalispell zoning ordinance by any built surface (driveway, garage, primary residence, auxiliary structure, decking, etc.) skull be no greater than thirty-five percent (35%) of the Lot. 17.2.7 Maviruu►n BuildirrgFuotprilits andlMfinimurn Floor Areas: The minimum ground level floor area of any single family residence located east of Silverbrook Drive shall not be less than 1200 square, feet ref living space. The minimum ground level floor area of any single family residence located west of Silverbrook Drive shall aot be less than 1600 square feet of living space. 'These square footages are exclusive of exterior parking spaces and dccics. Each principal residential structure shall have at a minimum, an attached or detached two - car garage. R.-4 residential residences shall comply with all applicable Kalispell Zoning Ordinances. Commercial properties have no maximum footprint or lot coverage requirements except as limited by the confines of the applicable setbacks. All building size requirements are subject to the maximum lot coverage restrictions set forth in Section 17.2.5, above and the applicable City of Kalispell zoning ordinance, which take precedence over building size requirements and altowances, 17.2.8 Building Height: Maximum allowable building height is set at thirty-five. (35) feet from the lowest adjacent grade level to the highest point an the roof or parapet wall for commercial structures and thirty-five (35) feet from the lowest adjacent grade level to the highest point of the roof or parapet wall for residential structures. 17.2.9 Applicable Codes. The following codes, standards and regulations are applicable to Silverbrook Estates and compliance with them is required: a) Silverbrook Estates Design Guidelines b) Declaration of Covenants, Conditions, Restrictions and Reservations, as same may be amended c) City of Kalispell Zoning Ordinance d) Uniform Building Code (UBC) e) National Electric Code f) Uniform Mechanical Code g) Uniform Fire Code h) National Fire Protection Association Code i) State Fire Code Standards j) Montana Energy Code k) All other applicable local, state, and federal regulations ARTICLE XViI[ EXPANSION AND WITHDRAWAL Section 18.1 Reservation of Right to Expand: Declarant reserves the right, but will not be obligated, to expand the effect of this Declaration to include all or part of the Expansion Property. The consent of the existing Lot Owners and Mortgagees will not be required for any such expansion, and Declarant may Proceed with such expansion without limitation at its sole option. Declarant will have the unilateral right to transfer to any other person this right to expand by an instrument duly recorded. Fl�;r! rlr�ae+rdrsren! to arrrJ L'ourplete Reslalemen! of �ecturailnn u�('nyexauls — Sell�erf2rau% Esluctes / Pie - I9 - ! III�III II Illl IIIII ll�l IIIII lull iilll it l Illll lllli IIIII IIIII IIIII full rill IIII P.0"; zo°ar =44 — u6 sa.00 r-1a t-0shimw,. tl t—A "..IV rR by tinge oslxalxara 1"'s M Declarant will pay all taxes and other governmental assessments relating to the Expansion Property as long as Declarant is the owner of euch property, Section 18.2 Caatpletiarr of Expansion: When. Declarant has determined that no further property shall be added to the Project, Declarant shall notify the Association in writing. Until such notice is given, Declarant retains the right to designate additional property as Expansion Property. Section 18.3 Declaration of Annexation: Any expansion of the Project may be accomplished by recording a notice of such annexation and one or more supplemental plats in the records of the Clerk and Recorder of Flathead County, Montana. The declaration or notice of annexation will describe tite real property to be annexed, and subject it to these Covenants with all exceptions and additional restrictions or reservations noted. Specifically, each new Lot in the annexed area will be allocated one vote and liability for common expenses and assessments equal to the liability allocated to each of the existing Lots and the proportionate voting interest and allocation of common expenses for the existing Lots will be adjusted accordingly. Such annexation will not require the consent of Owners, the Association or the Board of Directors. Any such expansion will he effective upon the filing ror record or such declaration or notice or annexation, unless otherwise provided therein. The expansion may be accomplished in stages by successive annexations or in a single expansion, Upon the recordation of any such notice of annexation, the defmitions used in this Declaration will be expanded automatically to encompass and refer to Silverbrook Estates as expanded. Such notice of annexation may add supplemental covenants specific to the Expansion Property in question, or delete or modify provisions of this Declaration as it applies to the Expansion Propery. However, this Declaration may not be modified with respect to that portion of the Property already subject to this Declaration, except as provided herein for amendment. Section 19.4 Withdrinval of Property: Declarant reserves the right to withdraw from the jurisdiction and effect of this Declaration any parcel of the Property (including the Expansion Property), provided, however, that no parcel may be withdrawn after it has been conveyed to a purchaser. ARTICLE XIX SPECIAL DECLARANT RIGHT'S AND ADIiIT TONAL RESERVED RIGHTS AND EASEMENTS Section 19.1 Rights Reserved to Declarant: Until the expiration of the Period of Declarant Control, Declarant will have the following rights- 19.1.1 Completion of Improvemeatts: The right to complete Improvements as indicated on any plat filed with respect to the Property, including any Expansion Property. 19.1.2 Development Rights: The right to exercise all development rights in connection with the development of the Silverbrook Estates Project (referred to here as "Development Rights' }, including without limitation the right or combination of rights hereby reserved by Declarant, as follows: (a) The right to annex all or part of the Expansion Property to the Project, in accordance with Article XVIII. (b) The right to create Lots and Common Area on the Property, including the Expansion Property. (c) The right to subdivide Lots and convert Lets into Common Area on any part of the Property, including the Expansion Property. (d) The right to withdraw real estate, whether contained within the Property initially subject to this Declaration or within the Expansion Property, from Silverbrook Estates, as provided in Article XVIII. 19.1.3 Sales Activities: The right to maintain sales and management offices, signs advertising the Project and model residences on the Common Area and on Lots owned by Declarant, whether contained within the Property initially subject to this Declaration, or within the Expansion Property. First Arnandment to and Complete Restarenreat of Doelar adon of Coverranta — Silivrbraak F.sfales A Page - 20 - IlIIIIIIIIIIIII811111111IIIIIIIIII gCll Jill IIIII Il�lllllllllll Illlllllll llllllll P. 1 f 24 lees: s169.00 PE PAUIa bill". V1 athmd [panty Mi by 11... 011W2010 11: SS AM 19.1.4 Easements: The right to use easements through the Cornmon Areas on the Property, including the Expansion Property, for the purpose of making improvements on the Property and the Expansion Property. 19.1.5 Master Association: The right to establish and make the Project subject to a master association and to establish such other associations of property owners as Declarant determines is appropriate. 19.1.6 Association Directors and Members of the DiRC: The right to appoint any officer or director of the Assooiation, and any member of the DRC. Section 19.2 Reserpation for Expansion and Construction: Declarant hereby reserves for itself and its successors and assigns and for Owners in all future phases of Silverbroolc Estates a perpetual easement and right-of-way for access over, upon, and across the Property, including the Expansion Property, for construction, utilities, drainage, ingress and egress, and for use of the Common Areas, including Common Areas located within the Expansion Property. The location of these easements and rights -of -way may he made certain by Declarant or the Association by instruments recorded in Flathead County, Montana. Declarant ;further reserves the right to establish from time to time, by dedication or otherwise, utility, ingress and egress, and other easements over and across the Common Areas, and to create other reservations, exceptions, and exclusions convenient or necessary for the use and operation of any other property of Declarant. Section 19.3 Reservation of Easements for Utilities, Infrastructure and Access: Declarant reserves for itself and its successors and assigns and hereby grants to the Association, the concurrent right to establish from time to time, by declaration or otherwise, utility and other easements, permits, or licenses over the Common Areas, for purposes including but not limited to streets, paths, walkways, drainage, recreation areas and parking areas, and to create other reservations, exceptions, and exclusions in the interest of the Owners and the Association, in order to serve: the Owners within Silverbaraok Estates. Declarant also reserves for itself- and its successors and assigns and grants to the Association the concurrent right to establish from time to time by an instrument recorded in Flathead County, Montana, such easements, permits or licenses over the Common Areas for access by certain persons (other than Owners and Owners' families and guests) who may be permitted to use designated portions of the Common Areas as contemplated under this Declaration. Section 19A Mai►rtenance Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, and any member of the Board of Directors or Manager, and their respective officers, agents, employees and assigns, upon, across, over, in and under the Property and a right to make such use of the Property as may be necessary or appropriate to make emergency repairs or to perform the duties and functions which the Association is obligated or permitted to perform pursuant to this Declaration, including the right to enter upon any Lot for the purpose of performing maintenance to the landscaping or the exterior of Improvements to such Lot. Section 19.5 Drainage Easement: An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, to enter upon any portion of the Property for the purpose of changing, correcting, or otherwise modifying the grade or drainage channels of the Property so as to improve the drainage of water. Reasonable efforts will be made to use this casement so as not to disturb the uses of the Owners, the Association and Declarant, as applicable, to the extent possible; to prosecute such drainage wort: promptly and expeditiously; and to restore any areas affected by such work to a sightly and usable condition as soon as reasonably possible following such work. Declarant, or its officers, agents, employees, successors and assigns must inform and obtain the approval of the Board of Directors prior to undertaking such drainage work, which approval will not be unreasonably withheld. Section 19.6 Snow Storage Easement: An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, its officers, agents, employees, successors and assigns upon any and all portions of the Property for the storage of snow in the course of clearing snow accumulations from the Silverbrook Estates roads, trails, parldng areas, Common. Areas and other areas within Silverbrook Estates. Reasonable efforts will be made to use this casement in a way that will minimize the interference with the Owners' use and enjoyment of their Lots. Flrsl rinler:d+ie€+rl 1p alld Camplefe Rerlulemelrl of I3eciol crYrolr of Col ellairts — SitVerbl uok Ea'lQ1N� I Page - 31 - { Illllill III i 1IIII IIiII I1111111111111111 IIII IIIII IN111111111111111111111111111111 P 220002264 4 Foes; s16A.d0 P-1. Rnl.i—. rlwtl—d E—tv Ifi Fry tier 01l2112010 TIM ANY Section 19.7 Declarant Rights Incident to Construction: Declarant, for itself and its successors and assigns, hereby retains a right and casement of ingress and egress over the Common Areas and the right to store materials thereon and to malce such other use thereof as may be reasonably necessary or incident to the construction of the huprovements on the Property or other real property owned by Declarant; provided, however, thal no such rights will be exercised by Declarant iu such a way as to unreasonably interfere with the. occupancy, use, enjoyment or access to an Owner's Lot by that Owner. Section 19.8 Easements Deemed Greater. All conveyances of Lots hereafter made, whether by Declarant or otherwise, will be construed to grant- and reserve the casements contained in this Article, even though no specific reference to such casements or to this Article appears in the instrument for such conveyance. ARTICLE XX AUSCELLANEOUS PROVISIONS Section 20.1 Limhation of Liability: Neither the Declarant nor the Association, or their successors or assigns, shall be liable to any Owner or occupant of the Property by reason of any mistake in judgment, negligence, nonfeasance, action or inaction, or for the enforcement or failure to enforce arty provision of this Declaration. Every Owner or occupant by acquiring its interest in the Property agrees tlini it will not 'bring any aclian or suit against the Declarant or the Association to recover any such damages or to seek equitable reliefbecaalse or%nuae. Section 20.2 Severabilitp: This Declaration, to the extent possible, will be construed or reformed so as to give validity to all of its provisions. Any provision of this Declaration found to be prohibited by law or unenforceable will be ineffective to the extent of such prohibition or unenforceability without invalidating any other part her+cof Section 20.3 Constrrletion: In interpreting words in this Declaration, unless the context will otherwise provide or require, the singular will include the plural, the plural will include the singular, and the use of any gentler will include all genders. Section 20.4 Headings: The headings arc included only for Purposes of convenient reference, and they will not affect the meaning or interpretation of this Declaration. Section 20.5 Walver: No failure on the kart of the Association or the Board to give notice of default or to exercise or to delay in exercising any right or remedy will oli vale as a waiver, except as spcci rically provided above in the event the Board fails to respond to certain requests. No waiver will be effective unless it is in writing and signed by the President or Vice President of the Board on behalf of the Association. Section 20.6 Corrylicts Between Documents: In case of conflict between this Declaration and the Design Guidelines, this Declaration will control. Section 20.7 Assignment: Declarant cony assign all or any part of the Special Declarant Rights or any of Declarant's other rights and reservatiuns hereunder to any sucarssnr who takes title to all or part of the Property in a bulic purchase for the purpose of devolopment and snic. Such successor will be identified, the particular rights being assigned will be specified, and, to the extent required, concomitant obligations will be expressly assumed by such successor, all in a written instrument duly recorded in the records of the Cleric and Recorder of Flathead County, Montana. / 11 I ! SIGNATURES NEXT PAGE. I / J 1 / Illlllllllllllulllfllllllllllllllflllllllllfllllllll11ll�IIIIIIIIIIIIIIllifllllil 1O°210 24 Fee::. ilee,aa Pm1n kabi—.. rluthMj County IR by tine 011ze/d010 11:55 AM IN WITNESS WHEREOF, the Declarant has executed this Declaration this &� day of u2 , 2010, to be effective J&riy=finj o 93 and Church, LLC a Montana Limited Liability Company Howard T. Mann Its Managing Member STATE OF MONTANA } :ss County of Flathead ) On this ;). 01�day of ---1 A h Lk 4_ , 2010, bcforc me, the undersigned, a Notary Public for the State of Montana, personally appeared OWARD T. NIANN, known tome to be the Managing Member of 93 and Church, LLC, a Montana liinited liability company, the Declarau herein, and acknowlcdged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto net my band and affixed my Notarial Seal the day and year in this certificate last above written. e�1 [S ignaturc of No _t [Ty .ped, stamped or printed Name ofNotnryl Notary Public fa the State of Montana Residing at za P 1 s V—' I( [city of Ftesidcncel My commission expires: I I — G"' 20� [Monde Day Ycarl Rise ArrreradlrleFtt 10 urrd Gar+lpferc 1errQeemerr! of Dr aflaratrnel of Col ertcnts — Sihler firaak Eslares I Page - 33 - 111111I111i111111i1911111111111111�111111111I1i� B11111111111111111111111 ¢ ""I"120 'f 24 — $sz- v Paula Robinson. Fratt0ad C—ty RI by flan a1/71t/7010 11r55 AP' EXIMIT "A" TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR SILVERSROOK ESTATES (Legal Description of Silverbroolc Estates Property) Tract 3 of Certificate of Survey No. 15896 in the North Half of the Northeast Quarter and in the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 13 of Township 29 North, Range 22 West, P,M.M., Flathead Comity, Montana AND Tract 4 of Certificate of Survey No. 15996 in the Southwest Quarter of the Northeast Quarter and in the South Half of the Northwest Quarter of Section 13 of Township 29 North. Range 22 West, P.M.M., flathead County, Montana AND Tract 5 of Certificate of Survey No. 15896 in the Southeast Quarter of the Northeast Quarter and in the •North Half of the Southeast Quarter and in the Northeast Quarter of the Southwest Quarter of Section 13 of Township 29 North, Range 22 West, F.M.M., Flathead County, Montana. First rltnendinent fa and Comlplele Restatement afDw1aratian of Covenants—Sllverrbroak Eslatra I Page - aA- IIIIIIII III IIIII IIIII IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII PaO9lelO of 3 89 Fees. $21.00 Paula Robinson, Flathead County MT by sherrys 01/21l2011 02:22 PM Upon recording, please return to: Colleen P. Donohoe Johnson, Berg, McEvoy & Bostock, PLLP PO Box 3038 Kalispell, Montana 59903-3038 0) 00 r-I °n 1) SECOND AMENDMENT TO a) 00 O DECL-ARATION OF COVENANTS, CONDITIONS, n 0 w d- O RESTRICTIONS AND RESERVATIONS FOR SILVERBROOK ESTATES O U-) In O O A Residential and Commercial Development in Xalispell, Montana O I rn I rn o r� 1n 00 0 ,Ito oUJ THIS SECOND AMENDMENT TO THE DECLARATION of Covenants, Conditions, oLn p Restrictions and Reservations for Silverbrook Estates is executed this day of c t� O 2011 by 93 and Church, LLC, a Montana limited liability company, hereinafter referred to 13nrey as the H "Declarant." tv �n r` 1^n WHEREAS, Declarant caused to be filed the Declaration of Covenants, Conditions, Restrictions 0 00 and Reservations for Silverbrook Estates with the Flathead Cotmty Clerk and Recorder as Document No. © O 200800008099; and N.:I- OrWHEREAS, Declarant caused to be filed the First Amendment to and Complete Restatement of r- the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates with the ui CO Flathead County Clerk and Recorder as Document No. 201000002264, hereinafter sometimes "First OO o Amendment," or "Declaration;" and O WHEREAS, pursuant to the Declaration, Declarant specifically reserved unto itself the right to O Cc amend said Declaration during the period of Declarant Control; and O ti N Ln o WHEREAS, Declarant is the owner of more than seventy-five percent (75%) of the lots OLn p comprising Silverbrook Estates; and O w WHEREAS, notice has been provided to Owners pursuant to Section 16.8.2 of the Declaration Ln o0 and Declarant certifies that fewer than 75% of Owners objected to this action by virtue of Declarant's Lownership of greater than 75% of the lots; and u, Ln O 0 WHEREAS, Declarant desires to amend said Declaration to change the time frame for installation 1n O of all landscaping (Section 7.3), and republish same as set forth hereinafter; and I � N WHEREAS, Declarant desires to amend said Declaration to change the minimum single family 00 residence square footage (Section 17.2.7), and republish same as sot forth hereinafter; and qlct Ln LnLn WHEREAS, Declarant continues to reserve the right to further amend said Declaration as O O contemplated within the Declaration referenced hereinabove, I Ln � NOW, THEREFORE, in consideration of the foregoing recitals and the amendment powers 00 ;preserved unto Declarant as set forth in the Declaration, Declarant hereby amends said Declaration as O O follows; 1n cn Cc 00 U 1r� 00 Z 1r1 O Second Aniendnietrt to DLcfarafion ojCovenants—Sflverbl'ookEstates / Page - 1- � IIIlII�I I I III IIIII IIIIIIIII IIIII IIIII I'll) AlllI IIIII IIIII IIIII III I IIII III ppye190 If 1-5119 I Fees: 5.'00 Paula Robinson, Flatho-d county nT by she ys 01/21/2011 03:ZZ PM Section 7.3 of Article VII (Design Guidelines) is hereby deleted in its entirety and republished as follows: Section 7.3 Design Review Caninlittee: The Silverbrook Estates Design Review Committee {DRC) is hereby established and shall carry out all duties bestowed upon it by the Association, these Covenants, the Design Guidelines and any amendments to such documents. The procedures for seeking DRC review and approval of any proposed Improvement are set forth in the Design Guidelines. No Improvement of any kind shall be commenced without the written approval of the DRC, Each structure must be constructed in compliance with the Design Guidelines, including but not limited to, location, size, height, color, materials, design and all other requirements of the Design Guidelines. All front, rear and side landscaping must be installed within the first growing season following occupancy of any residential or commercial development. Section 17 2 7 of Article XVU ZZoning Regulations and Codes) is hereby deleted in its entirety and republished as follows: 17.2.7 Maximum Building Footprints aril Minhwan Floor Arests: The minimum ground level floor area of any single family residence located east of Silverbrook Drive shall not be less than 1200 square feet of living space. The minimum ground level floor area of any single family residence located west of Silverbrook Drive shall not be less than 2000 square feet of living space. These square footages are exclusive of exterior parking spaces and decks. Each principal residential structure shall have at a minimum, an attached or detached two -car garage. R-4 Residentiial residences shall comply with all applicable Kalispell Zoning Ordinances. Commercial properties have no maximum footprint or lot coverage requirements except as Iimited by the confines of the applicable setbacks. All building size requirements are subject to the maximum lot coverage restrictions set forth in Section 17.2.6, above and the applicable City of Kalispell zoning ordinance, which take precedence over building size requirements and allowances. All terms and conditions set forth in the First Amendment to and Complete Restatement of Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook shall remain in full force and effect, subject, however, to the power of amend reserved unto Declarant, which power is contained in said Declaration and reaffirmed hereby. Second A/nendnrett to Declaration of Cm+ettmtts — Silverbrook Estates / Page - 2 - IIIlllll III IIIII Illll II[II II[II IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIIIIII P �1O°o0 13511 9 Fees: t2t.oa Paula Robinson, Flathead County MT by sherrys 01/21/2011 02:22 PM 0 WITNESS WHEREOF, thr, Dcclarant has executed this Second Amendment to Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates this IJOA day of v, a r- 2011. 93 and Church, LLC a Montana Limited Liability Company By: z Howard T, Mann, Managing Member STATE OF MONTANA ) :ss County of Flathead ) '� �— Thus instrument was aclmowledged before me on the Is day of -J ct w u cz v c� 2011 by HOWARD T. MANN, known to me to be the Managing Member of 93 and ChuA, LLC, a Montana Iimited liability company, the Declarant herein, and acknowledged to me that he executed the same, Public for the Stg,e Montana OTAW fUSUC for Me MT (9— Notary of Residing at Kalispell My Commission Ex ires TteciC7lg ar , My Ccrrm=ton Exlp 9 i- tdovemsrar 10, 2914 � r t " Printed Name of Notary Public Second dntendnient to Declaration of Col,enants — Sib,er•b,00k Estates / Page - 3 - Upon recording, please return to: Colleen P. Donohoe Johnson, Berg, McEvoy & Saxby, PLLP PO Box 3038 Kalispell, Montana 59903-3038 THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR SILVERBROOK ESTATES A Residential and Commercial Development in Kalispell, Montana THIS THIRD AMENDMENT TO THE DECLARATION of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates is executed this " day of 2014 by 93 and Church, LLC, a Montana limited liability company, hereinafter referred to herein as the "Declarant." WHEREAS, Declarant caused to be filed the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates with the Flathead County Clerk and Recorder as Document No. 200800008099; and WHEREAS, Declarant caused to be filed the First Amendment to and Complete Restatement of the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates with the Flathead County Clerk and Recorder as Document No. 201000002264; and WHEREAS, Declarant caused to be filed the Second Amendment to the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates with the Flathead County Clerk and Recorder as Document No. 201100001589; and WHEREAS, pursuant to the Declaration, Declarant specifically reserved unto itself the right to amend said Declaration during the period of Declarant Control; and WHEREAS, Declarant is the owner of more than seventy-five percent (75°%) of the lots comprising Silverbrook Estates; and WHEREAS, notice has been provided to Owners pursuant to Section 16.8.2 of the Declaration and Declarant certifies that fewer than 75% of Owners objected to this action by virtue of Declarant's ownership of greater than 75% of the lots; and WHEREAS, Declarant desires to amend said Declaration to change the Declarant Control Period (Section 2.13), to the date when 75% of the lots have been sold and republish same as set forth hereinafter; and WHEREAS, Declarant continues to reserve the right to further amend said Declaration as contemplated within the Declaration referenced hereinabove. NOW, THEREFORE, in consideration of the foregoing recitals and the amendment powers reserved unto Declarant as set forth in the Declaration, Declarant hereby amends said Declaration as follows: Third Amendment to Declaration of Covenants — Silverbrook Estates / Page - I - Section 2 13 of Article H (Definitions) is hereby deleted in its entirety and republished as follows: Section 2.13 Period of Declarant Control shall mean the period beginning on the date the original Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana and ending on the date on which the Declarant has sold seventy-five percent (75%) of the Lots in Silverbrook Estates, including any annexations or additions to the subdivision. The Period of Declarant Control may be reinstated or extended by agreement between Declarant and the Association, subject to whatever terms, conditions, and limitations the Board of Directors may impose. After the termination of the Period of Declarant Control, Declarant, if still an Owner, will continue to have all the rights and duties ordinarily given to Owners under this Declaration. Except as specifically amended herein, all terms and conditions set forth in the First Amendment to and Complete Restatement of Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook and any amendments thereafter shall remain in full force and effect, subject, however, to the power of amend reserved unto Declarant, which power is contained in said Declaration and reaffirmed hereby. Declarant hereby certifies that it has complied with the notice requirements contained in Section 16.8.2 by causing a notice of this contemplated action to be mailed to all Owners at least thirty (30) days prior to the recording of this Amendment. Declarant certifies that it has not received written objection to the contemplated action by seventy five percent (75%) or more of the Owners. IN WITNESS WHEREOF, the Declarant has executed this Third Amendment to Decluation of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates this Z3j—day of psi Uyn h e,, 12014. 93 and Church, LLC a Montana Limited Liability Company By: Jjg 7� H6ward T. Mann, Managing Member STATE OF MONTANA ) :ss County of Flathead ) This instrument was acknowledged before me on the 2 JrAay of Ae ,- o ti g_-- 2014 by HOWARD T. MANN, known to me to be the Managing Member of 93 and Church, LLC, a Montana limited liability company, the Declarant herein, and acknowledged to me that he executed the same. NO�VW Notary Public for the State of ntana • SEAI *< ��Kafispet montaw Residing at Kalispell Residhg Mycw-w and My Commission Expires ' i ! NorsnWw 10. 301E P i—e A t 6,fr—t Printed Name of Notary Public Third Amendment to Declaration of Covenants — Silverbrook Estates / Page - 2 - IIIIIIIIIIIIIIIIIIIIIII�IIIIIIIINIII IN1111111111111111111111111INIII III 11I1111 Page: 1 f 266 Fees: $14100 Debbie Pierson, Flathead County MT by NW 5/20/2015 1:26 PM Upon recording, pimse. returaa to. Coll: en F. Dca5oiwe, Kalispell, spell, ry ont2ina 514403.-3038 11110 URTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, S, RESTRICTIONS AND RESER'VA TIONS FOR SILVERBROOK ESTATES A. Residential and Commercial Development ita,Kilispell, Mositarna THIS FOURTH $r;N]&E'T TO THE 1BECf.ARA'T1% of Cc�venaats, Conditions, Restrictions and Rus rvaations far Sl€verhrook Estates is executed this � � da} of l A a _ 2015 In} a nand Clttarch, 1_.€;.£�., a 1�1s?rntari t l nnitcd l€a`_ ility Lcan:Ta;,y, €t�3c`sa�a r .cfersect l i hervan as t€ie "Declarant," WHEREAS, Declaranit catised to be filed the Declaration ration of Covenants, Conditions, Restrictions and reservations for Silvcsbrook Estates with the l lathea<1 County Clerk and Rrcnrdar a s Document No. 2008000011099; an ra WHEREAS Dee larant cauFcd to be ilea the First Amendment to and Complete Restatement of the Declaration of Coveana ants, Condifio ne• Restrictions and Reservations for Silverbrwx Estates with tie u Flathead County Clerkand Rccorde ;.s Doc ment iFii�� '�0 101{,1002264; and Ila W111:,1f_>k AS, Declarant caused to be filed the Second Amendment to the D,-clanatiun of Covenants, Conditions, Restrictions vnd Reservations for Si€verbrook Estates with flie Flathead Ctaunly Clcfk. and Recorder as Document `Noa 20l 10d001585; and y WHEREAS. Declarant caused to be itlad'he Third Amendment to the, Declaration of,Covenaants; T Conditions, Restrictions and €ZaciYations for Silverhrook Estates with the Flathead County Clerk and Recorder tas Document No. 201500000659, and WHEREAS, pursuant to the Declaraiican, Decim.-ant, specifically reserved unto itself the right to amend said Declaration ltaa ng the period a�f l)ecla,aant Conn , ar W1TEME AS, Declarant is the oivanef of more than twenty-five percent (25%) of the lots comprising Silverbrook- Estates,. and WHEREAS, notice has heo n provided to Owners Pursuant to Section 16X2 of the Declaratiuen and Declarant certifies that feiver than 75% of Owner-, objected to this action by virtue of Dec arant`s ownership of greator than 25% of the, lots, and WHEREAS, 11eclarant. desires to amend said Declaration to chmige the exterior lighting provision (Section 11,12), and republish sa— m tas set ford; hereinafter, and WHEREAS, Deeiatant ca ntinuc.s to reserire the right to tisrther amend said Declaration as contemplated withiv the Declaration rererencac here nalxsve. 1'dOW, THEREFORE, in consideration of ffic forego€ng recitals and the: arnendmunt. powers rescxred unto Decl>ara nt as se rbrih in the Declaration, Daclaraent hereby amands said Declaration is follows-, 1<njo-h ?,?u?ndMv2r icy Decdaratian of Covenants 11111111111111111111IN 11111111111111 20150 Page: 2 ofg2666 Fees: $14.00 5/20/2015 1:26 PM Section I1.I2 of Ar0 le X1 r2 ea Use atad Revtrnctave t:ovearaatt➢' is lnea-ebv deleted in it entire t and re ghlishe€i gc folitasysa Section 11.12 EaWerior Lighting. In an effort to contribute minimally to lilac poll atio?r, al[ residential eyterior liv 'hting shall be a rtrairmurn of 45 N-ratis with 400 _lumens or less: Except as specifically armssrdecl hert.in, all terim and conditions set forih in the First Amendment to and ofDec:lar<at.ion of Covenants, Condit otn. Reitrictions and Reservations for Si:lverbrook and -,wiy i me.ndrments thereafter shalt remaitr in full force and effect, subject, however, to the power of amend reseried unto Deelaxa nt, which po ver is contained to said, Uealaraiion and reaffirmed herehy Declarant hereby certifies that it has corn p iG,.z with tine not'We retjWMsarerats contained in Section tf .8,2 by cammg a notice of this contemplated action it) be mauled to all Owners at least thirty (30) dais prior to the recording of this Arnendirte t, Declarant certifies that it has not received svritte£t oErjectican to the contemplated aactiun by sevonmy five percent (75%) or more of the 'Owners. IN WI IN-ESSWHEREOF, the, Declarant has executed this .€ Furth Amendment to Deviation of � Covenants, Cour:atcaars, Restrictions card Reservations for �ail�sc:rb+rool� Estates this �' -ql--` day of � %� ----- �(315, a Montana l coo ted Liability Company By, is ^c:t7,!L!_ 1-foward T. Marna, l.laanapi g Member STf1 13 OF Pv'lOclTANA Gaunt} of Flathead D This imtr<a cent was ach-n-,) 1edgcd before me on the k okay of . lr}, HOWARD T� 1?rlANN, i'`raown to ate to be die Managing Member of 93 and limited liability company, the Declar-ant herz in, and ,acitnowied ed to tune thad: lie ex- ce:artecl the 5 rrtiG- _r. y' Y dotary, Public for the State of 14ornfaoa l esit€irrg;atKa€ispel€ Nly Commissioaa Expires Eraaate �aaAtaeLfl trr? Publrc &-Meih AUierldWer,Ito 09cfa-ra on Of Covenants -- Si3ivrbrook Estaies J'.Page :_:2 1111111111 Jill fl Jill 111111111111111 2017 0001126 "..e? 1101111111 J III Jill Hill 11111111111111111 . of 4 1,28 '011 Debbie Pierson, Flathead County MT by NW 1/18/2017 2:5� P. Upon recordlfl& please retarn to:11 Colleen P: D.nohix- Johnso%. Berg & Saxby, PLLP PO Box 3038 Kalisgell, Mon'tana 59903-3038 FIFTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR SILVERBROOK FS-T S ATE A'Residentlal and Commercial Development,in Kalispell, Montana THIS FIFTH AMENDMENT TO THE DECLARATION of Covenants, Conditions, Restrictions and Reservations for SiNerbrook Estates is executed this�_ day 2016 by SILYMMONT PROPEWFIES, LLLP, a Montana firrutcd liability lirnited partnership, hereinafter referred to herein as the "Declarant," WHEREAS, 93 mid Church, LLC (hereinafter "93 and Church"), DeclaranCs predecessor it, interest, caused to be filed the Declaration of Covenants, Conditions, ReArictions and Reservations for Silverbrook Estates with the Flathead County Clerk and Recorder asPoeument No. 20080000SO99; and WHEREAS, 93 and Church caused to be filed the First Amendment.to and Complete Restatement of the Declaration of Covenants, ConditioAS Restrictions Res, ctions and Reservations for Silverbrook Estates with the Flathead County Clerk and Recorder as Document No> 201000002264; and WHEREAS, 93 and Church caused to be filed the Second Arneadment to the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates with the Flathead County Cierk and Recorder as Document No. 2011000015 89; and WIM,REAS, 93 and Church caused to be, filed the Third Amendment: to the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates with the Flaffiead County Clerk and Recorder as Document No. 201500000659; and 'WIWRF-AS, 93 and Church caused to be filed the Fourth Amendment to the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates with the Flathead County Clerk and Recorder as Document No. 201500009666; and Fifth F-vtows /Page - I - 201700 01126 Hill Hill Hill 1111111111111111111 lill IN Page: 200f 4 Fees: $28.00 2/1 8/2017 2:50 PH WHEREAS, 93 and Church assigned all its right, title and interest as Declarant to Silvermont Properties, LLLP, pursuant to the Assignment of Declarant Rights recorded as Document No. 201500023732, records of Flathead County., and WHEREAS, pursuant to the Declaration. Declarant specifically reserved unto itself the right to amend said Declaration during the period of Declarant Control; and WREREAS, the period of Declarant Control is still in e�,Mct by, virtue of the Declarant owning more than twentywfive percent (259/6) of the lots comprWing Si lverbrook Estates.. and WHEREAS, notice has been provided to Owners pursuant to Section 16.8.2 of the Declaration and Mdarant certifies that fewer than 75%of Owners objected to this action by virtue of Declarant's ownership of greater thasin 25% of the lots, and WHEREAS, Declarant desires. to amend said Declaration to change the ground floor square (dotage and setback requirements for single family residences, said republish same as set -forth hereinafter; and WHEREAS, Declararit continues to reserve the right to further amend said Declarat' ion as contemplated within the Declaration referenced. hereinabove. NOW, THEREFORE, in consideration, of the foregoing recitals and the amendnient powers reserved unto Declarant as set forth in the Declarafiori, Declarant hemby amends said De'daration as follows: Section 172.5 of Article.XVII (Zoning Regulations aud Codes is hereby deleted in it% tXanA Lepublishe.d. as follows: 17.2.5 Setbacks and Building Envelope* The following setback distances must be observed through Silverbrook"Estates (setbacks shall be measured'from the property line to the farthest projecting part of the structure): a) R-4 Residon tial Lots must comply with applicable Kalispell Zoning Ordinance b) 'R-2 Single Family Residential Lots, a W side yard 0 20' frobt yard: a M rear yard a 20' side cornet yard a 30' rear yard where adjacent to Open Spaces along the Stillwater River and its tributaries C) Commercial Lots- * Y ffont yard * 101 side 3,ard * 5" rear yard Fifib A irendmentto Mvlwwtiot? ofCownants —Rilverbrook &tatas / Page - 2 -- I 101111IN IIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII III III Page: 3 af4201700001126 Fees; $28.00 1/18/2017 2.50 PH d) Tennis court--, swimming pools and other areas of active use and noise shall be buffered from adjacent properties, e) Additional setbacksfirpm tree musses, native vegetation transition zones, topography, drainage, view corridors, roads, paths and utility easements may be required by the DRC or the City of Kalispell. f) A mimmum setback of 10.0 feet is required, for all buildings adjacent o declared wetlands and 50 feet to other declared waterways. g) Any building envelope overlapping with front, rear or side vard setbacks shall be restricted, by the required setbacks; Sectio!j 171.7 of Article 2V11 To - deleted in ift enjiretand v -gig, Reaulations and Codes herel)v d republished as foliows- 17.27.7 Maximum Building Footprints and Mininium FWrAreas: The minimum ground level floor area of any single family residence located east of Silverbrook Drive shall be determined by its Proportion and scale to any second story living space, but in no case shall there be less tban 1,200 square feet of total home living space. The minimum ground level floor area of any single family residence located wos.t. of SlIverbrock Drive shall be determined by its proportion and scale to any second story living space., but in no case shall there be less than 2,000 square feet of total home living -space. These square footage requirements are exclusive of exterior parking spaces and decks. Each principal residential structure shall have, at a mini I mum, an attached or detached two -car gara;ge, R-4 Residential residences shall comply with all applicable Kalispell Zoning Ordinances. Commercial properties have no maximum footprint or lot.coverage requirements except, as limited by theconfines of the applicable setbacks. X11 building size requirements are subject to the maxii-num lot coverage restrictions set forth in Section 17.2.6 above and the applicable City of Kalispell zoning ordinance, which take precedence over building size requirements and allowances. Except as specifically amended herein, -all terms and conditions set forth in the First Amendnient to and Complete Restatement of Declaration of Covenants, Conditions, Restrictions and Reservations For Silverbrook and any amendments thereafter shall remain in full force and effect, subject; h %vver, the 1 0 , to + power of amend reserved unto Declarant, which power is contained in said Declaration and reaffitrned hereby. Declarant hereby certifies that it has complied with the notice requirements contained in Section 1642 by causing a notice of this contemplated Action to be mailed to all Owners at least thiky (3O) days Fffth A?Mrdment to Dedwvtion qfCow.nants -- Sllvvrbrook Estafe, / Page - 3 - 201700001126 Page: 4 of 4 Fees. $2800 1/18/2017 2:50 PM prior to tie record ing of this Amendment. Dmclaraut certifies that it has not received written objection to the contemplated action by seventy five percent (75?/,D) or more ofthe Owners. INT WITNESS WHEREOF, the Declarant has executed this Fifth Amendment to Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates this -SL", day of STATE OF MONTANA :ss SILVERIMHONT PIROPERTIES, HAY By: Westeraft Homes, Inc- its General Partner BY: County of Flathead. This Instrument was acknowledged before meson the day of ] LZ -V 16 by INIARVIN GALTS, known to me to be the President of Westcraft Homes, Inc., which —its the teneral Partner of Silvermont Propetties, LLLP, a Montana limited liability limited partnership, the Declarant herein, and acknowledged to me that he executed. the same. CYNTHIATUDHOPE NOTARY PUBLIC f0tlMn State* Montana Revzift ot woury Public for the State. Xk�n-tan. Residing at Kalispell MYFA0MM!SST0T1E'XPIve1 Printe ofNotary Public IPine -4- 0013855 0504831 0505710 0506178 0506267 0506313 0013856 0504838 0505711 0506179 0506268 0506314 0504753 0504839 0505712 0506180 0506269 0506315 0504769 05048" 0505713 0506181 0506270 0506316 OS04770 0504845 0505714 0506182 0506271 0506317 0504771 0504846 0505715 0506183 0506272 0506319 0504772 0504847 0505716 0506184 0506273 0506319 0504773 0504848 0505748 0506185 0506274 0506320 0504774 0504853 0506020 0506186 0506275 0506321 0504775 0504854 0506021 0506187 0506276 0506322 0504776 0505548 0506022 0506226 0506277 0506323 0504777 0505563 0506023 0506232 0506278 0506324 0504778 0505576 0506024 0506233 0506279 0506325 0504779 0505587 0506025 0506234 0506280 0506326 0504780 0505604 0506026 0506235 0506281 OS06327 0504781 0505614 0506027 0506236 0506282 0506328 0504783 0505644 0506028 0506237 0506283 0506329 0504784 0505645 0506029 0506238 0506284 0506330 OS04785 0505651 0506030 0506239 0506285 0506331 0504786 0505655 0506031 0506240 0506286 0506332 0504787 0505657 0506032 0506241 0506287 0506333 0504788 0505662 0506033 0506242 0506288 0506334 0504789 0505664 0506034 0506243 0506289 0506335 0504790 0505667 0506035 0505244 0506290 0506336 0504791 0505676 0506036 0506245 0506291 0506337 0504792 0505679 0506158 0506246 0506292 0506338 0504793 0505680 0506159 0506247 0506293 0506339 0504799 0505681 0506160 0506248 0506294 0506340 0504801 0505682 0506161 0506249 0506295 0506341 0504802 0505683 0506162 0506251 0506296 0506342 0504803 0505684 0506163 0506252 0506297 0506343 0504804 0505685 0506164 0506253 0506298 0506344 0504808 0505686 0506165 0506254 0506299 0506345 0504809 0505687 OS06166 0506255 0506301 0506346 0504810 0505688 0506167 0506256 0506302 0506347 0504811 0505689 0506168 0506257 0506303 0506348 0504812 0505695 0506169 0506258 0506304 0506349 0504813 0505696 0506170 0506259 0506305 0506351 0504814 0505697 0506171 0506260 0506306 0506352 0504815 0505698 0506172 0506261 0506307 0506353 0504816 0505699 0506173 0506262 0506308 0506354 0504817 0505700 0506174 0506263 0506309 0506355 0504818 0505702 0506175 0506264 0506310 0506356 0504819 0505708 0506176 0506265 0506311 0506357 0504827 0505709 0506177 0506266 0506312 0506358 0506359 0506360 0506361 0506362 0506363 0506364 0506365 0506366 OS06367 0506368 OS06369 0506370 0506371 0506372 0506373 0506374 0506375 0506376 0506377 0506378 E001189 E001190 E001238 (IIIIIIIA II II III III IIIII II�II II�II'�III III I��I�III IIIVII��I I��II IIII 1I II'I'1tI IN Papa 5 off 5 26 Fees:$26.00 1/18/2017 2:50 PM Kr=TL)r-N -To: SI L V E K"ON l pROP�fZ`( I ESQ C_C-fit' 315 PAkKWAY b2Wr-- KAl.USPELL-, MT SRRaI 11 II 202300011090 IIIIIIII II (IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIII IIII IIIIIlIII II IIII IIII IIII Fees: .524.00 Debbie Pierson, Flathead County M7 by CL 7/21/2023 1S7 PM DECLARATION OF ANNEXATION TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF SILVERBROOK ESTATES SUBDIVISION This Declaration of Annexation is executed on this 10th day of February 2023, by Silvermont Properties, LLLP, a Montana Company (hereinafter referred to as the "Developer") RECITALS: Developer has executed and recorded a written declaration of covenants, conditions and restrictions of Silverbrook Estates, recorded on March 26, 2008, under Document No. 200800008099 and First r Amendment to and Complete Restatement of Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates recorded January 1, 2010 under Document No. 201000002264 and any amendments thereafter, recorded in the office of the Flathead County Clerk and Recorder (hereinafter referred to as the "Declaration"); and Pursuant to the terms and conditions of the Declaration, specifically Article XVIII thereof, the Developer retains the right to expand the effect of this Declaration to include all or part of the Expansion Property which is defined in Article XVIII, Section 18.1; and The Developer has opted to expand and include Silverbrook Estates Phase 3, all of which is shown on 9' the plat and legal attached here to as Exhibit "A" 0 ACCORDINGLY, the undersigned Developer Hereby Annexes into the Declaration as follows: 1. All of the above and foregoing Recitals form a part of the operative and substantive provision of this Annexation. 2. The addition of real property now owned or owned in the future by Declarant identified in Phase 3 shall be shown on the plat and legal attached herein referred to as exhibit "A" 3. Phase 3 shall be effective upon the date that this document is recorded in the office of the Flathead County Clerk and Recorder. 4. Except as annexed by this Declaration shall be and remain the same and in full force and effect. 5. Let this document serve as a notice to all future purchasers that all Lots and Blocks in Phase 3 are subject to the Covenants, Conditions and Restrictions of Silverbrook Estates recorded on March 26, 2008 under Document No. 200800008099 and First Amendment to and Complete Restatement of Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates recorded January 1, 2010 under Document No. 201000002264 and any amendments thereafter, recorded in the office of the Flathead County Clerk and Recorder. IN WITNESS WHEREOF, the Developer has executed this Declaration of Annexation effective the date and year first above written. Developer: Silvermont Properties LLLP Printed Name and Title 2 MA2VIN 6ALTS, PAQTNER— State of Montana Flathead County This instrument was acknowledged before me this 10th day of February 2023 Of Silvermont Properties LLP N a. rUo CYNTHIA TUDHOPE `a'S.�,J Notary Public for the ��� Au w' Notarial ;%1 State of Montana (JL Seal I Residing at KALISPELL, MT /_ " My Commission Expires Notary ublic for State of Montana �tiu; February 13, 2023 "EXHIBIT A" LOTS 382 THROUGH 391 AND BLOCKS 26 AND 27 OF THE PLAT OF SILVERBROOK ESTATES PHASE 3, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; Page 1 of 1 o9�\and luewaoia,aQ lion Peuuoid eo\a+�\��oa oz\VON ePis�an�\(meu) � 09�\e4�el�`d\'N -3 a 08 1W `��3dSl�`d51 0 C' 3 H1bON 301Sb3nlb -N000 19b3ATS w H1f10S - NVd b31VMWbOiS -and L33H5 _J H Z H X LL I r I I w�` i w I " � N I I i Wj� / I i o9�\and luewaoia,aQ lion Peuuoid eo\a+�\��oa oz\VON ePis�an�\\meu/ � 09�\e4�el��d\'N -3 a 08 1W `��3dSl�`d51 0 cq C' 3 H1bON 301Sb3nlb -N000 19b3ATS w H1bON - NVd b31VMWbOiS -and L33H5 III III III III III ICI III M / aoo is3aoA x I _________ I 1 W W 11 11 I �¢ (nl Q I W II I I I I I, I I � I ., / I 1 I o9�\and luewaoia,aQ l,un Peuuoid eo\a+�\��oa oz\VON eP,s�an�\(meu) � 09�\e4�elo.d\'N, -3 a 08 1W `��3dSl�`d51 0 Lq C' 3 H1bON 301Sb3nlb -N000 19b3ATS w Hinos - NVd kinun -and L33H5 — — — — — CONNECT TO EX. 14" PVC WATER MAIN r --------_______--- I ,r r � __FOX FOREST LOOP � 4 - LIT E3 L s, I: u — � l LOT III "°�-saa GREAT NORTHERNTRAIL I sea ' ALOT ll , o.39s � � I� e I I nc I W I fl~ I >I OLOT 128 c ant - LOT 5 .. X SAVER WOOD WAV - - - a , sz FC. p K m --L is 1 \LATIIe LETsz TO rec LCETIII LOT sr, I i me I Y i °nc e.z im,a. I I I II LOT III II " —_ LIT 11 — __`•\ ��� 9 SIS L vac . oat SILVERTIPTRAIL n.v<C l CONNECT TO EX 8" STUB FOR WATER FUTURE ROAD - TO BE INSTALLED WITH FUTURE PUD PHASE- N.I.C. CONNECT TO EX. 8" PVC WATER MAIN "ceT Lo nr'1 - CONNECT --_ 8" STUB FORR WATER I CONNECT TO EX. MANHOLE FOR SEWER o �r� � � I h oa I z.� - Fay -' suc _ I1.1 aRp , n sos I L ___ G SAGE GROUSE WAY_ ,o _ _ PROPOSED SEWER LIFT STATION I / LIT III LIT �.G Tn1. F , PROJECT INFORMATION OROAD ROW E 312,112 ACRES TOTAL UN TS 91 AU, ACRE DELLS" SINGLE 33ACRES WG VOUN SEPTEMBER2023 PUD 1.6 y'' .• + PTO #4336 11/30/2018 WGMGROUP Stillwater Commons A Study ,II. Montana 11/30/2018 Project No: 16-08-31 1111 East Broadway, Missoula, MT 59802 1 OFFICE 406.728.4611 1 EMAIL wgm@wgmgroup.com 0 INTRODUCTION Stillwater Commons is a proposed multiuse development that is a portion of the larger Silverbrook Estates PUD located west of US Highway 93 (US 93) and south of Church Drive, in Kalispell, MT (see Figure 1). Land uses proposed within Stillwater Commons include 180 apartments in seven buildings, 48 condominiums in twelve buildings, 18 small single-family homes, approximately 105,000 square feet of light commercial development, and a 15,000 square foot health/fitness club (see Figure 2). The remainder of the Silverbrook Estates PUD is comprised of approximately 488 single-family homes, of which approximately 140 were occupied or under construction at the time this report was prepared. Full buildout of Stillwater Commons and the PUD is expected to require approximately five to ten years; accordingly, the design year for this traffic analysis is 2028. Vehicle access to the overall PUD from the north is provided via three full -movement approaches, each forming a "T" intersection with Church Drive. The three approaches are Silverbrook Drive, East Monture Ridge Road, and Diamond Peak Loop. Of these, the latter two provide direct access into Stillwater Commons, connecting through to the southern portion of the PUD, while Silverbrook Drive crosses north/south through the entirety of the PUD and also provides access directly onto US 93 at the south end of the development. Surrounding land uses predominately include agricultural and single-family homes, with US 93 to the east and the Stillwater River to the west. A large gravel pit is located southwest of the site which contributes truck traffic to Church Drive across the sites frontage. This traffic impact study was prepared using standard traffic engineering techniques to forecast traffic volumes and operations at the proposed site access points onto Church Drive. Estimates are made of site -generated traffic, and capacity analysis is presented to forecast traffic operations upon full buildout of the overall PUD. The City of Kalispell requested detailed traffic analysis of the following intersections: 1. Church Drive and Silverbrook Drive 2. Church Drive and East Monture Ridge Road 3. Church Drive and Diamond Peak Loop Stillwater Commons Traffic Impact Study I In brief, the analysis conducted for this report leads to the conclusion that the subject development will not negatively impact traffic operations at any of the study intersections and that traffic to and from the proposed development will operate a good level of service. No changes or capacity improvements to the roadway network are required to accommodate the traffic associated with the proposed development. Pavement markings should be added to Church Drive to define the roadway centerline and the left -turn lanes at East Monture Ridge Road and at Diamond Peak Loop. Stillwater Commons Traffic Impact Study I 2 Figure 1: Site Vicinity Map Stillwater Commons uTraffic Impact Study I Figure 2: Proposed Site Plan Please note that the "North" and "South" designations of the Silverbrook Estates PUD illustrated in this figure are not official designations on the platted PUD. These designations are made only in this report and only for the purpose of being able to refine the site traffic distribution patterns for the PUD's single-family homes by assigning the "south" portion and the "north" portion separately (see Figures 7, 8, and 9 later in this report). Stillwater Commons Traffic Impact Study I 4 EXISTING TRAFFIC VOLUME WGM Group, Inc. (WGM) conducted AM and PM peak -period manual traffic counts to identify existing traffic volumes at the intersection of Church Drive and Silverbrook Drive. These counts were conducted on Wednesday, September 5, 2018 (PM peak) and Thursday, September 6, 2018 (AM peak). The AM peak -period counts were conducted between 7:00 and 9:00 AM and the PM peak -period counts were conducted between 4:00 and 6:00 PM. East Monture Ridge Road and Diamond Peak Loop are currently under construction and are not in use at this time. No other access points exist along Church Drive between Silverbrook Drive and US 93 within the study area. Therefore, all eastbound traffic leaving the intersection of Church Drive and Silverbrook Drive can be counted as the eastbound through volume for both new intersections (East Monture and Diamond Peak). Similarly, the westbound traffic entering the intersection of Church Drive and Silverbrook Drive can be counted as the westbound through traffic at both intersections. The manual count data (included in Appendix A) was analyzed to determine the existing AM and PM peak -hour traffic volume at each study intersection. The existing peak -hour traffic volumes are illustrated in Figure 3. Stillwater Commons Traffic Impact Study I 5 Figure 3: 2018 Existing Peak Hour Traffic k- t-. LEGEND AM (PM) .I rAT Stillwater Commons Traffic Impact Study I 6 2028 NO -BUILD TRAFFIC VOLUMES The year 2018 existing through traffic volume on Church Drive was projected to the study year 2028 using a 1.S% per year peak hour traffic growth rate. Given the lack of historic traffic counts on Church Drive, this growth rate was selected based on experience and engineering judgement. The 2028 projected no -build traffic volumes are shown in Figure 4. These are the volumes projected to exist in the analysis year without development of Stillwater Commons or the unoccupied single family lots within the remainder of the Silverbrook Estates PUD. Stillwater Commons Traffic Impact Study I 7 Figure 4: 2018 No Build Peak Hour Traffic A-55 (67) -. �6 (6) F62 (74( f 62 (74) 91 (70) 103 (78] I 103 (78) 3 rn n 5 (0) I I I !Fri -.•�.- "� �� . I lr*w N LEGEND_ W+E AM (PM) $ — — PROPOSED ROAD n 1931 1 5 Pr I Stillwater Commons Traffic Impact Study I 8 SITE -GENERATED TRAFFIC Stillwater Commons will consist of 180 apartments in seven buildings, 48 condominium units in twelve buildings, approximately 105,000 square feet of light commercial buildings, a 15,000 square foot health/fitness club, and 18 small single-family homes. In addition, there remain approximately 146 undeveloped single-family lots within the southern portion of the overall Silverbrook Estates PUD, and 201 single-family lots in the north portion of the PUD. Site -generated traffic estimates were calculated for each of the land use types listed above using data from the Institute of Transportation Engineers (ITE) Trip Generation Manua/ (9th Edition). Table 1 shows the results of these trip -generation calculations. TABLE 1: SITE -GENERATED VEHICLE TRIPS ITE • AM P- • Peak -Hour Use Size Use TripsLand • ••- Entering Exiting Entering Exiting Apartment 180 units 220 18 74 76 41 Condominiums 48 units 230 5 24 22 11 Office Park 105,000 sf 750 160 20 21 134 Health/Fitness Club 15,000 sf 492 11 10 31 24 Single Family Homes 365 units 210 66 199 212 125 Total Site Traffic 260 327 362 335 It should be noted that, as this is a mixed -use development, a credit for internal trips could be taken to reduce the total number of estimated off -site trips impacting the study intersections. These trips could use only the internal site roadway network to travel, for example, between the residential use and the health/fitness club or the office park. By not taking an internal -trip credit, a more conservative set of traffic volumes are forecasted, and the sites impact on traffic operations is overstated. Stillwater Commons Traffic Impact Study I 9 ASSIGNMENT OF SITE -GENERATED TRIPS Roadway network connections were analyzed, and land uses and development densities in the greater Kalispell area were reviewed to identify potential origin and destination areas for the site -generated traffic. Site -traffic arrival and departure patterns were estimated separately for Stillwater Commons, the single-family homes on the north portion of the PUD and the single-family homes on the south portion of the PUD. These patterns are illustrated in Figures 5 through 9. The site -generated vehicle trips from Table 1 were distributed through the study intersections in accordance with the estimated arrival and departure patterns, resulting in the AM and PM peak -hour site -generated trips shown in Figure 10. These are the vehicle trips that are new to the roadway network resulting from full buildout of Stillwater Commons and the remaining elements of Silverbrook Estates PUD. Stillwater Commons Traffic Impact Study I 10 Figure 5: Stillwater Commons Site Traffic Arrival Pattern 60 { MA Stillwater Commons Traffic Impact Study I �� Figure 6: Stillwater Commons Site Traffic Departure Pattern i% 996 1 86% Q%1 90% y 4, 3. I j60 - C`:.* Y Nn LEGEND � VJ --T�-E Arrival Pattern S �= Departure Pattern i Stillwater Commons uTraffic Impact Study I 12 Figure 7: PUD South Single -Family Homes Site Traffic Arrival & Departure Patterns 5% 5% 35% 1 35YI M e 93 9 'y� r lei N LEGEND n aV-=TEE Arrival Pattern S mmnoli.- Departure Pattern Stillwater Commons uTraffic Impact Study I 13 Figure 8: PUD North Single -Family Homes Site Traffic Arrival Pattern MA Stillwater Commons uTraffic Impact Study I 14 Figure 9: PUD North Single -Family Homes Site Traffic Departure Pattern MA Stillwater Commons uTraffic Impact Study I 15 Figure 10: Total Site Generated Peak Hour Traffic 9r - A-54(230) F21 (59] 167 (129) ,`38 (80) 55 (36) �• ' 121 (87) -> 4& Stillwater Commons uTraffic Impact Study I 16 2028 BUILD TRAFFIC VOLUMES Combining the site -generated trips from Figure 10 with the 2028 no -build traffic volumes from Figure 4 results in the projected study year 2028 build traffic volumes shown in Figure 11. These are the traffic volumes projected to exist at the study intersections when Stillwater Commons and the overall Silverbrook Estates PUD are fully built -out and occupied. Stillwater Commons Traffic Impact Study I 17 F62 (79) *-21 (56) 1 101(78j 8 (9) m � N Figure 11: 2028 Build Traffic Volume ' f 115 (204) F82 (133) - 167 (129) �38 (80) 158(113)� 2 224(165) � 3 z(3)-� $ 8(6)AMP � o� Stillwater Commons uTraffic Impact Study I 18 CAPACITY ANALYSIS Capacity analysis was conducted for each of the study intersections in accordance with the procedures presented in the Highway Capacity Manual, 2010 Edition, published by the Transportation Research Board. The analysis results are discussed below, and the analysis worksheets are contained in Appendix B. The capacity analysis procedures result in traffic level of service (LOS) rankings from A to F, with A representing essentially free -flow conditions and F representing congested conditions. See Appendix C for a description of the various LOS categories for unsignalized intersections. Stillwater Commons Traffic Impact Study I 19 INTERSECTION OF CHURCH DRIVE AND SILVERBROOK DRIVE EXISTING CONDITIONS Church Drive exists as an east/west collector roadway with one travel lane in each direction. Silverbrook Drive exists as the primary roadway through the Silverbrook Estates PUD, running north/south with one travel lane in each direction. Silverbrook Drive approaches Church Drive from the south with one combined lane for both left -turning and right -turning vehicles and is stop -sign controlled. The speed limit on Church Drive is 35 mph. CAPACITY ANALYSIS Capacity analysis of this intersection was conducted using the 2028 build traffic volumes developed earlier in this report and the above described intersection configuration. The results of this analysis are summarized in Table 2. TABLE 2: CHURCH DRIVE AND SILVERBROOK DRIVE LOS SUMMARY Delay is measured in seconds per vehicle. This intersection will continue to operate at a very good level of service upon full buildout of Stillwater Commons and the Silverbrook Estates PUD. There will be very little delay and no intersection improvements are required. Stillwater Commons Traffic Impact Study I 20 INTERSECTION OF CHURCH DRIVE AND EAST MONTURE RIDGE ROAD EXISTING CONDITIONS Church Drive exists as an east/west collector roadway with one travel lane in each direction. The westbound approach to this intersection provides a separate left - turn lane as well as a through lane. The eastbound approach consists of a single through/right-turn lane. East Monture Ridge Road was recently constructed as the south leg of this intersection with one combined lane for both left turning and right turning vehicles and is stop -sign controlled. The speed limit on Church Drive is 35 mph. CAPACITY ANALYSIS Capacity analysis of this intersection was conducted using the 2028 build traffic volumes developed earlier in this report and the above described intersection configuration. The results of this analysis are summarized in Table 3. TABLE 3: CHURCH DRIVE AND EAST MONTURE RIDGE ROAD LOS SUMMARY Delay is measured in seconds per vehicle. The analysis summarized in Table 3 shows that this intersection will operate at a very good LOS upon full buildout of Stillwater Commons and the Silverbrook Estates PUD. No capacity improvements are required to accommodate the site traffic; however, pavement markings on Church Drive should be freshened to clearly define the roadway centerline and the left -turn lane. MA Stillwater Commons Traffic Impact Study I 21 INTERSECTION OF CHURCH DRIVE AND DIAMOND PEAK LOOP EXISTING CONDITIONS Church Drive exists as an east/west collector roadway with one travel lane in each direction. The westbound approach to this intersection provides a separate left - turn lane as well as a through lane. The eastbound approach consists of a single through/right-turn lane. Diamond Peak Loop was recently constructed as the south leg of this intersection with one combined lane for both left turning and right turning vehicles and is stop -sign controlled. The speed limit on Church Drive is 35 mph. CAPACI TY ANALYSIS Capacity analysis of this intersection was conducted using the 2028 build traffic volumes developed earlier in this report and the above described intersection configuration. The results of this analysis are summarized in Table 4. TABLE 4: CHURCH DRIVE AND DIAMOND PEAK LOOP LOS SUMMARY Delay is measured in seconds per vehicle. The analysis summarized in Table 4 shows that this intersection will operate at a very good LOS upon full buildout of Stillwater Commons and the Silverbrook Estates PUD. No capacity improvements are required to accommodate the site traffic; however, pavement markings on Church Drive should be freshened to clearly define the roadway centerline and the left -turn lane. Stillwater Commons Traffic Impact Study I 22 No regional trail systems exist in the project area. Trails within the PUD will connect the developed areas with open space parcels. The PUD's frontage along Church Drive currently includes a concrete sidewalk for pedestrian use. Silverbrook Drive, East Monture Ridge Road, Diamond Peak Loop, and all the internal site roadways also have sidewalks on both sides to accommodate pedestrian traffic within the site. Stillwater Commons Traffic Impact Study I 23 SUMMARY, CONCLUSIONS, AND RECOMMENDATIONS The discussion and analyses contained in this report can be summarized as follows: • Stillwater Commons is a proposed multiuse development that is a portion of the larger Silverbrook Estates PUD. • Land uses proposed within Stillwater Commons include apartments, condominiums, small single-family homes, light commercial development, and a health/fitness club. The remainder of the Silverbrook Estates PUD is comprised of approximately 488 single-family homes, of which approximately 140 are currently occupied or under construction. • Vehicle access to the development from Church Drive will be via three full - movement approaches; Silverbrook Drive, East Monture Ridge Road, and Diamond Peak Loop. The intersections of these access points with Church Drive were the focus of this traffic analysis. • The proposed development will generate new traffic through the study intersections. Highway Capacity Manual based analysis shows that this traffic can be easily accommodated, with good levels of service projected during both the AM and PM peak hours in the 2028 analysis year. No capacity improvements are required to accommodate the site traffic. • The pavement marking on Church Drive should be refreshed to clearly define the centerline and the left -turn lanes into both East Monture Ridge Road and Diamond Peak Loop. • Non -motorized traffic will be accommodated on site through a system of trails and sidewalks. No regional trail systems exist in the vicinity of the subject property. Stillwater Commons Traffic Impact Study I 24 0 A PPEND lX A TRAFFIC COUNT DATA Stillwater Commons Traffic Impact Study E \\=/-2 /4 B I I a v �=a= 0 )2J/2 //oa=orwa» §/rItr»ream \000-oo=o _ 2 \/area»a=o ry z \ao��oa�o w =//f=/2/®% 2 0 \noo = g a orororom r CD myRmmIt o \ _/� 42r Ij% k � ± E k� 32 /\ c /: v /5 aowaa ƒ/ 4/2/2 \/\$2@Q2@\ )o .00000 a \ , . 2 jƒ&&C14o»w 0 z =//g=--- 2 0 \\�naaam = � a o�oromom � f gmmfRmmf o m =/� }]\ 0->¥ 0 A PPEND lX B CAPACITY ANALYSIS WORKSHEETS 4W Stillwater Commons uTraffic Impact Study I General Information Site Information Analyst Anita Mathews Intersection Church and Silverbrook Agency/Co. WGM Group Jurisdiction Kalispell, MT Date Performed 9/12/2018 East/West Street Church Dr Analysis Year 2028 North/South Street Silverbrook Time Analyzed AM Build Peak Hour Factor 0.92 Intersection Orientation East-West Analysis Time Period (hrs) 0.25 Project Description Silverbrook Lanes 4 J 4 1 L 4- I- L 1 ttyt pw" Major Street: East-West Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 1 U 1 2 3 4U 4 5 6 7 8 9 10 11 12 Number of Lanes 0 0 1 0 0 0 1 0 0 1 0 0 0 0 Configuration TR LT LR Volume (veh/h) 101 8 21 62 16 58 Percent Heavy Vehicles (%) 2 2 2 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized Median Type I Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 4.1 7.1 6.2 Critical Headway (sec) 4.12 6.42 6.22 Base Follow -Up Headway (sec) 2.2 3.5 3.3 Follow -Up Headway (sec) 2.22 3.52 3.32 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 23 80 Capacity, c (veh/h) 1470 890 v/c Ratio 0.02 0.09 95% Queue Length, Q95 (veh) 0.0 0.3 Control Delay (s/veh) 7.5 9.4 Level of Service (LOS) A A Approach Delay (s/veh) 2.0 9.4 Approach LOS A opyright © 2018 University of Florida. All Rights Reserved. HCSM TWSC Version 7.6 Generated: 11/29/2018 12:32:16 PM AAB.xtw 'HCS7 Two -Way Stop -Control Report General Information Site Information Analyst Anita Mathews Intersection Church and Silverbrook Agency/Co. WGM Group Jurisdiction Kalispell, MT Date Performed 9/12/2018 East/West Street Church Dr Analysis Year 2028 North/South Street Silverbrook Time Analyzed PM Build Peak Hour Factor 0.92 Intersection Orientation East-West Analysis Time Period (hrs) 0.25 Project Description Silverbrook Lanes J d to L __4 4- -• r rt r- '1 I t Y fi iw f Major Sneer zut'wes! Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L I T R U L T R Priority 1U 1 2 3 4U 4 5 6 7 8 9 10 11 12 Number of Lanes 0 0 1 0 0 0 1 0 0 1 0 0 0 0 Configuration TR LT LR Volume (veh/h) 78 9 56 79 15 37 Percent Heavy Vehicles (%) 2 2 2 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized Median Type I Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 4.1 7.1 6.2 Critical Headway (sec) 4.12 6.42 6.22 Base Follow -Up Headway (sec) 2.2 3.5 3.3 Follow -Up Headway (sec) 2.22 3.52 3.32 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 61 57 Capacity, c (veh/h) 1499 855 v/c Ratio 0.04 0.07 95% Queue Length, Q95 (veh) 0.1 0.2 Control Delay (s/veh) 7.5 9.5 Level of Service (LOS) A A Approach Delay (s/veh) 3.3 9.5 Approach LOS A opyright © 2018 University of Florida. All Rights Reserved. HCSTH TWSC Version 7.6 Generated: 11/29/2018 12:33:24 PM APB.xtw HCS7 General Information Two -Way Stop -Control Report Site Information Analyst Anita Mathews Intersection Church and East Monture Agency/Co. WGM Group Jurisdiction Kalispell, MT Date Performed 9/12/2018 East/West Street Church Dr Analysis Year 2028 North/South Street East Monture Time Analyzed AM Build Peak Hour Factor 0.92 Intersection Orientation East-West Analysis Time Period (hrs) 0.25 Project Description Silverbrook Lanes -4 4 Jd iJl,-�b4r '1I+YT fit" Major Street: East-West Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 1U 1 2 3 4U 4 5 6 7 8 9 10 11 12 Number of Lanes 0 0 1 0 0 1 1 0 0 1 0 0 0 0 Configuration TR L T LR Volume (veh/h) 158 2 38 82 2 73 Percent Heavy Vehicles (%) 2 2 2 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized Median Type I Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 4.1 7.1 6.2 Critical Headway (sec) 4.12 6.42 6.22 Base Follow -Up Headway (sec) 2.2 3.5 3.3 Follow -Up Headway (sec) 2.22 3.52 3.32 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 41 82 Capacity, c (veh/h) 1403 862 v/c Ratio 0.03 0.09 95% Queue Length, Q95 (veh) 0.1 0.3 Control Delay (s/veh) 7.6 1 9.6 Level of Service (LOS) A I A Approach Delay (s/veh) 2.4 9.6 Approach LOS A opyright © 2018 University of Florida. All Rights Reserved. HCS-uN TWSC Version 7.6 Generated: 11/29/2018 12:34:25 PM BAB.xtw HCS7 General Information Two -Way Stop -Control Report Site Information Analyst Anita Mathews Intersection Church and East Monture Agency/Co. WGM Group Jurisdiction Kalispell, MT Date Performed 9/12/2018 East/West Street Church Dr Analysis Year 2028 North/South Street East Monture Time Analyzed PM Build Peak Hour Factor 0.92 Intersection Orientation East-West Analysis Time Period (hrs) 0.25 Project Description Silverbrook Lanes i I-ttYIIf Major Street: East -Wes[ Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L I T R U L T R U L T R Priority 1 U 1 2 3 4U 4 5 6 7 8 9 10 11 12 Number of Lanes 0 0 1 0 0 1 1 0 0 1 0 0 0 0 Configuration TR L T LR Volume (veh/h) 113 3 80 133 3 58 Percent Heavy Vehicles (%) 2 2 2 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized Median Type I Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 4.1 7.1 6.2 Critical Headway (sec) 4.12 6.42 6.22 Base Follow -Up Headway (sec) 2.2 3.5 3.3 Follow -Up Headway (sec) 2.22 3.52 3.32 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 87 66 Capacity, c (veh/h) 1460 894 v/c Ratio 0.06 0.07 95% Queue Length, Q95 (veh) 0.2 0.2 Control Delay (s/veh) 7.6 9.3 Level of Service (LOS) A A Approach Delay (s/veh) 2.9 9.3 Approach LOS A opyright © 2018 University of Florida. All Rights Reserved. HCS�I`ul TWSC Version 7.6 Generated: 11/29/2018 12:35:12 PM BPB.xtw HCS7 Two -Way Stop General Information -Control Report Site Information Analyst Anita Mathews Intersection Church and Diamond Loop Agency/Co. WGM Group Jurisdiction Kalispell, MT Date Performed 9/12/2018 East/West Street Church Dr Analysis Year 2028 North/South Street Diamond Loop Time Analyzed AM Build Peak Hour Factor 0.92 Intersection Orientation East-West Analysis Time Period (hrs) 0.25 Project Description Silverbrook Lanes J 4 4 J- 4- L f � y V IItyt rr M3)0t 5tl CL`t Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 1U 1 2 3 4U 4 5 6 7 8 9 10 11 12 Number of Lanes 0 0 1 0 0 1 1 0 0 1 0 0 0 0 Configuration TR L T LR Volume (veh/h) 224 8 167 115 5 110 Percent Heavy Vehicles (%) 2 2 2 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized Median Type I Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 4.1 7.1 6.2 Critical Headway (sec) 4.12 6.42 6.22 Base Follow -Up Headway (sec) 2.2 3.5 3.3 Follow -Up Headway (sec) 2.22 3.52 3.32 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 182 125 Capacity, c (veh/h) 1313 746 v/c Ratio 0.14 0.17 95% Queue Length, Q95 (veh) 0.5 0.6 Control Delay (s/veh) 8.2 10.8 Level of Service (LOS) A B Approach Delay (s/veh) 4.8 10.8 Approach LOS B opyright © 2018 University of Florida. All Rights Reserved. HCSTH TWSC Version 7.6 Generated: 11/29/2018 12:36:13 PM CAB.xtw HCS7 General Information Two -Way Stop -Control Report Site Information Analyst Anita Mathews Intersection Church and Diamond Loop Agency/Co. WGM Group Jurisdiction Kalispell, MT Date Performed 9/12/2018 East/West Street Church Dr Analysis Year 2028 North/South Street Diamond Loop Time Analyzed PM Build Peak Hour Factor 0.92 Intersection Orientation East-West Analysis Time Period (hrs) 0.25 Project Description Silverbrook Lanes -4 J 4 4 40 X. "4tyt 1�f M.gnr Street: East-West Vehicle Volumes and Adjustments Approach Eastbound Westbound Northbound Southbound Movement U L T R U L T R U L T R U L T R Priority 1U 1 2 3 4U 4 5 6 7 8 9 10 11 12 Number of Lanes 0 0 1 0 0 1 1 0 0 1 0 0 0 0 Configuration TR L T LR Volume (veh/h) 165 6 129 204 8 181 Percent Heavy Vehicles (%) 2 2 2 Proportion Time Blocked Percent Grade (%) 0 Right Turn Channelized Median Type I Storage Undivided Critical and Follow-up Headways Base Critical Headway (sec) 4.1 7.1 6.2 Critical Headway (sec) 4.12 6.42 6.22 Base Follow -Up Headway (sec) 2.2 3.5 3.3 Follow -Up Headway (sec) 2.22 3.52 3.32 Delay, Queue Length, and Level of Service Flow Rate, v (veh/h) 140 205 Capacity, c (veh/h) 1389 815 v/c Ratio 0.10 0.25 95% Queue Length, Q95 (veh) 0.3 1.0 Control Delay (s/veh) 7.9 10.9 Level of Service (LOS) A B Approach Delay (s/veh) 3.1 10.9 Approach LOS B opyright © 2018 University of Florida. All Rights Reserved. HCSM TWSC Version 7.6 Generated: 11/29/2018 12:37:12 PM CPB.xtw 0 A PPEND lX C LEVEL OF SERVICE DEFINITIONS 4W Stillwater Commons uTraffic Impact Study I UNSIGNALIZED INTERSECTION LEVEL OF SERVICE DEFINED Level of Service (LOS) for unsignalized (two -way -stop -controlled) intersections is determined by the control delay experienced by drivers on each minor approach. Minor movements are those entering from or exiting onto the stop -controlled side street(s). LOS is not defined for the intersection as a whole, but rather for each minor movement individually. The delay value used in determining LOS is known as "control delay." Control delay is defined as the total delay experienced by a driver and includes initial deceleration delay, queue move -up time, stopped delay, and final acceleration delay. The delay a vehicle experiences is a function of the capacity of the approach and the degree of saturation on the uncontrolled (unstopped) roadway (i.e. the number of acceptable gaps in the passing traffic stream). LOS values range from A to F. The delay range for each LOS value is as shown in the following table. LOS CRITERIA LOS A FOR TWO-WAY STOP -CONTROLLED INTERSECTIC AVERAGE• R• • 0-10 B >10-15 C >15-25 D >25-35 E >35-50 F >50 Source: Transportation Research Board, Highway Capacity Manual, HCM2010 NS Stillwater Commons 4u Traffic Impact Study I Environmental Assessment Riverside North WGM Project Number: 160831 Client: Silvermont Properties, LLLP u 9.5.2023 PART I - PROPERTY DESCRIPTION 1. SURFACE WATER A. Any natural water systems such as streams, rivers, intermittent streams, lakes or marshes (also indicate the names and sizes of each). The southwestern portion of the development borders the Stillwater River. The southern portion of the development borders an intermittent tributary/wetland area of the Stillwater River. Riverside North Development Area r3'c� 0 Source: Montana Natural Heritage Program Website: http://mtnhp.org/nwi/ Source: WGM Group Field observations Source: Google Earth B. Any artificial water systems such as canals, ditches, aqueducts, reservoirs, and irrigation systems (also indicate the names, sizes and present uses of each). The stormwater ponds installed in the previous phases of Silverbrook are artificial systems that drain to natural systems. Source: WGM Group Field observations Source: Google Earth C. Time when water is present (seasonally or all year). Water in ponds is present year-round and supplemented via an irrigation system. Water is present year round in the Stillwater River, and intermittently in the wetland area. Source: WGM Group Record Drawings and Field Observations. D. Any areas subject to flood hazard, or in delineated 100-year floodplain. The southwestern boundary of the property is within the 100-year floodplain of the Stillwater River. A survey was completed for the Phase 2 PUD. The location of the proposed lots from the Phase 2 PUD has not changed since the City approval. The lots that border the river are setback and located on a bench above the river and are not at a risk of flooding. r ❑ H+stunc Dii biers Speeel Plan Areas IIr rIJ Kalispell TIF_O+cuictc 13R 00 Farcel- Addriii Flathead County GIS -p Hydrologyi Flathead County GIS © Lai -F-] 5U0 Year Flood Plain �® Aerlal Imagery for Public Use Source: Federal Emergency Management Agency, FEMA Flood Map Service Center (website) E. Describe any existing or proposed stream bank alteration from any proposed construction or modification of lake beds or stream channels. Provide information on location, extent, type and purpose of alteration, and permits applied for. No stream banks are proposed to be altered. Source: WGM Group Field observations 2. GROUNDWATER Using available data, provide the following information A. The minimum depth to the water table or to 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 the location of known aquifer recharge areas which may be affected. Groundwater levels were encountered at various depths across the development area based on the 2007 geotechnical report completed by CMG Engineering. Groundwater was encountered in the northern portion of the property at a depth of 12.9 ft (B-1) and in the southern portion at depths of greater than 35 feet (B-14). are apparent in the ponds adjacent to the properties. A groundwater investigation was done in the vicinity of the lots closest to the ponds in 2018. Groundwater was found to be at an approximate elevation of 3000 ft surface elevations of lots in these vicinities (the lowest lots being platted) are approximately 3008 ft. Similar groundwater depths were found during construction of water and sewer mains in this vicinity during construction of 2020. Source: CMG Engineering — Silverbrook Estates Geotechnical Investigation — February 15, 2007 B. Describe any steps necessary to avoid depletion or degradation of groundwater recharge areas. Storm water management will be included with the proposed stormwater ponds as a part of the proposed improvements. This is discharged to the unnamed drainage channel (property also owned by the developer) and to the Stillwater River to match predeveloped rates or infiltrated in areas where possible. Stormwater runoff will be treated for TSS removal prior to discharge. Landscaping and open space will be provided throughout the development which will provide some infiltration and groundwater recharge. Source: WGM Group — Preliminary Stormwate Layout Source: City of Kalispell — Standards for Design and Construction 3. TOPOGRAPHY, GEOLOGYAND SOILS A. Provide a map of the topography of the area to be subdivided, and an evaluation of 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) Falls, slides or slumps -- soil, rock, mud, snow. ii) Shallow bedrock iii) Unstable slopes iv) Unstable or expansive soils v) Excessive slope A topographic map of the development area is included with this application packet. The majority of the area encompassed by the Preliminary plat is located on gentle slopes less than 3% (Tb — Tally, Blanchard, and Flathead Soils 0-3%). All area surrounding the lots was previously constructed in accordance with City of Kalispell standards to accommodate the proposed preliminary plat. There are some steeper slopes along the southern boundary of development approaching the Stillwater River and wetland area (Tg and By - Tally, Blanchard, and Flathead Soils 0-3% and Blanchard very fine sandy loam 20-45%) . Setbacks for the lots based on topography were determined in the original W PUD/preliminary plat approval. We are not proposing to encroach any closer to these area with the lots than what was previously proposed. _ �_ Source: WGM Survey and NRCS Soil Data B. Locate on an overlay or sketch map: Any known hazards affecting the development which could result in property damage or personal injury due to: i) Falls, slides or slumps -- soil, rock, mud, snow. There are no areas on the site where any falls or slides would affect any proposed structures. Source: WGM Topographic Survey ii) Rock outcroppings Not applicable. Source: WGM field investigations. iii) Seismic activity. The nearest known fault is the Mission Fault located relatively down the north/south centerline of Flathead Lake. Earthquakes in this region are common below magnitudes of 2.5 but magnitudes above 4.5 are rare. No change to the existing seismic activity could result as a part of this project. No major hazards exist on the site that could cause damage or personal injury due to seismic activity. Future building construction will consider precautionary methods required to mitigate seismic activity predicted and typical for the Flathead Valley. Source: United States Geologic Survey Website iv) High water table Most of the project site and areas of proposed development have a moderately high-water table. However, all proposed lots are greater than five feet from the groundwater table. Source: CMG Silverbrook Geotechnical Report C. Describe measures proposed to prevent or reduce these hazards. Storm drainage will be provided to convey runoff and geotechnical recommendations will be considered in areas with a higher groundwater table. No building foundations will be below the high groundwater table. Geotechnical recommendations will be followed. Source: WGM Group preliminary plans Source: Geotechnical Report by CMG (Part K of this application) D. Describe the location and amount of any cut or fill more than three feet in depth. Indicate these cuts or fills on a plat overlay or sketch map. Where cuts or fills are necessary, describe plans to prevent erosion and to promote vegetation such as replacement of topsoil and grading. Minimal cuts and fills will be required in the preliminary plat area. An erosion and sedimentation control plan will be assembled with construction documents to prevent any sediment from leaving the site during construction and full site stabilization will be required prior to construction closeout. The remainder of the site will be adjusted to balance earthwork to limit import and export of material. 4. VEGETATION A. On a plat overlay or sketch map: i. Indicate the distribution of the major vegetation types, such as marsh, grassland, shrub, coniferous forest, deciduous forest, mixed forest. The preliminary plat area is developed with natural grass for stabilization. ii. Identify the location of critical plant communities: Wetland vegetation exists along the southern boundary of the development area. No disturbance to wetlands or critical plant communities is required to create lots or subsequently develop them. Source: WGM Record Drawings (included in submittal). B. Vegetation on steep, unstable slopes Not applicable. C. Vegetation on soils highly susceptible to wind or water erosion Not applicable. D. Type and extent of noxious weeds There are wetland and stream bank plants along the ponds on the southern and western sides of the residential lots being platted. These plants will remain and will not be removed as a part of this project. Standard measures to prevent noxious weeds will be used. B. Describe measures to: i. Preserve trees and other natural vegetation e.g. locating roads and lot boundaries, planning construction to avoid damaging tree cover. Most of the proposed preliminary plat area has no trees located on it. There are tress located along the Stillwater River and drainage. No trees will be removed to accommodate this preliminary plat. Source: WGM preliminary plans and PUD. ii. Protect critical plant communities e.g. keeping structural development away from these areas, setting areas aside for open space. Critical plant communities are located in the river and wetland areas, but will remain undisturbed as no development will occur in these areas. Source: WGM topographic survey and preliminary plans. iii. Prevent and control grass, brush or forest fires e.g. green strips, water supply, access Landscaping and irrigation will be provided throughout the development. Fire hydrants were installed with the infrastructure improvements and supported by the City of Kalispell Fire department. Numerous fire hydrants exist within the developed phases of Silverbrook. Source: WGM Topographic Survey and preliminary plans iv. Control and prevent growth of noxious weeds The prevention of noxious weeds is a requirement of the contractors through the construction standards for the City of Kalispell and Montana Public Works. Upon completion of said improvements, it will then become the responsibility of the lot owners through the established CC&R's and open space through the HOA to properly maintain weed free areas. Source: WGM Record Drawings, Silverbrook HOA 5. WILDLIFE A. Identify species of fish and wildlife use the area affected by the proposed subdivision. The proposed parent PUD site contains a minor unnamed stream which does include wetland plants and provides some wetland habitat; this area will remain undisturbed and all stormwater generated from the greater site will be treated before it enters the pond/drainage/river system. Although no field observations of any of these species have been recorded, species of concern known to inhabit the Kalispell vicinity include the following: Mammals — Grizzly Bear, Fisher; Birds - Bald Eagle, Black - backed woodpecker, common loon, peregrine falcon; Amphibians — Northern Leopard Frog, Western Toad. Source: Montana Natural Heritage Program — Species Snapshot (Kalispell buffered by 10 miles) http://mtnhp.org/SpeciesSnapshot/ Source: WGM Group Field observations and plans. B. On a copy of the preliminary plat or overlay, identify known critical wildlife areas, such as big game winter range, calving areas and migration routes, riparian habitat and waterfowl nesting areas, habitat for rare or endangered species and wetlands. Not applicable. None present within preliminary plat area. C. Describe proposed measures to protect or enhance wildlife habitat or to minimize degradation (e.g. keeping buildings and roads back from shorelines, setting aside wetlands as undeveloped open space). W ON The vegetated area along the unnamed stream and Stillwater River is the main wildlife habitat on the property. The remaining area is previously stripped property slated for development with natural grasses and vegetation growing. It could be considered habitat for deer and small mammals. Source: WGM topographic survey and preliminary plans. 6. LAND USE A. Describe the existing historical use of the site The entirety of the property was previously approved under the Silverbrook Phase 2 Preliminary plat (2009). Prior to that the area was farmland primarily cultivated as grass -type crops (wheat and alfalfa) Source: Google Earth Source: Public Record B. Describe any comprehensive plan recommendations and other land use regulations on and adjacent to the site. Is zoning proposed? Is annexation proposed? The property was annexed as a part of the 2008 Silverbrook Estates PUD/Preliminary Plat. The properties are internal to the master plan and in general compliance with the land uses, preliminary plat is being submitted to establish adjustments that have been made as a result of market, ownership, and layout changes. Source: Silverbrook Estates PUD Master Plan C. Describe the present uses of lands 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 adjacent property to the west and north are farmland located outside of City limits. Planned to the east are larger residential lots (Phase 2C of the 2008 PUD) in the R-2/PUD zone. South of the development area is a drainage to the Stillwater River and existing homes within Silverbrook. Source: Flathead County GIS (maps.flathead.mt.gov) 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? As this area of Kalispell develops, there will continue to be a need for more housing. There is a significant need of housing in the Flathead Valley, as the demand for homes has increased substantially in the past few years. E. Describe any health or safety hazards on or near the subdivision (mining activity, high voltage lines, gas lines, agricultural and farm activities, shooting ranges, septage disposal operations, etc.) Any such conditions should be accurately described and their origin and location identified. None known. Source: WGM Site observations and Environmental Assessments. F. Describe any on -site uses creating a nuisance (unpleasant odor, unusual noises, dust, smoke, etc.). Any such conditions should be accurately described and their origin and location identified. There are no significant nuisances anticipated by the development of this plat. There will be construction related dust and noise when the infrastructure is being constructed and during building construction which will be mitigated to the extent possible. PART II - SUMMARY OF PROBABLE IMPACTS Summarize the effects of the proposed subdivision on each topic below. Provide responses to the following questions and provide reference materials as required: 1. EFFECTS ON AGRICULTURE A. Is the proposed subdivision or associated improvements located on or near prime farmland or farmland of statewide importance as defined by the Natural Resource Conservation Service? If so, identify each area on a copy of the preliminary plat. Not applicable B. Describe whether the subdivision would remove from production any agricultural or timber land. Not applicable. Area is already planned and approved for subdivision and population growth. C. Describe possible conflicts with nearby agricultural operations, e.g., residential development creating problems for moving livestock, operating farm machinery, operating septage disposal sites, maintaining water supplies, controlling weeds or applying pesticides; agricultural operations suffering from vandalism, uncontrolled pets or damaged fences. There are no anticipated conflicts with nearby agricultural operations. D. Describe possible nuisance problems which may arise from locating a subdivision near agricultural or timber lands. There are no anticipated nuisance issues anticipated with this development. E. Describe effects the subdivision would have on the value of nearby agricultural lands The addition of this subdivision may increase the value of surrounding agricultural land. It is possible that this development could serve as a catalyst for other PUDs located on nearby properties per the City of Kalispell Growth Plan. The impact of this has largely already occurred as a result of the extension of City Utilities and the Church Drive junior interchange onto US-93. Source: City of Kalispell Growth Plan 2. EFFECTS ON AGRICULTURAL WATER USER FACILITIES A. Describe conflicts the subdivision would create with agricultural water user facilities, e.g. residential development creating problems for operating and maintaining irrigation systems, and whether agricultural water user facilities would be more subject to vandalism or damage because of the subdivision. Not applicable. B. Describe possible nuisance problems which the subdivision would generate with regard to agricultural water user facilities, e.g. safety hazards to residents or water problems from irrigation ditches, head gates, siphons, sprinkler systems, or other agricultural water user facilities. Not applicable. 3. EFFECTS ON LOCAL SERVICES A. Indicate the proposed use and number of lots or spaces in each: Residential, single family: 95 Lots 1 Lot for storage units only for the Silverbrook residents. 1 Lot -2.5 acres for future City fire station and City Public Works Facilities Total Lots - 97 B. Describe the additional or expanded public services and facilities that would be required of local government or special districts to serve the subdivision. It is anticipated that no additional services will be required to serve the proposed 97-lot development. i.) Describe additional costs 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, (including additional personnel, construction, and maintenance costs). All additional services needed would be covered by the tax base the property would provide through city services or school bonding. The city utilities have been planned for growth in this area and will be paid for via service and impact fees as a part of the development. ii. Who would bear these costs, e.g. all taxpayers within the jurisdiction, people within special taxing districts, or users of a service? The residents within this development will pay property taxes and the developer will pay associated impact fees to the City to cover the impact on the city and services. This area would add to the tax base of the existing school system through property taxes and potentially school bonds. iii. Can the service providers meet the additional costs given legal or other constraints, e.g. statutory ceilings on mill levies or bonded indebtedness? Yes. iv. Describe off -site costs or costs to other jurisdictions may be incurred, e.g. development of water sources or construction of a sewage treatment plant; costs borne by the municipality. Offsite sewer and water costs will be covered through impact fees. Upgrades to adjacent offsite roadways will be the responsibility of the developer. C. Describe how the subdivision allows existing services, through expanded use, to operate more efficiently, or makes the installation or improvement of services feasible, e.g. allow installation of a central water system, or upgrading a rural road. Preliminary Plat of Riverside North PUD is the initial development phase of the overall PUD. The phases are intended to be tailored to the housing market as it exists in the Flathead Valley and will be modified, if necessary, in the future to respond to current conditions. The intent of the developer is to bring on future phases when lots sales will be able to respond to demand in an orderly and logical manner. Services that have been extended to this location have been extended in anticipation of this property being developed. Additional tax revenue generated by this property will go to the City of Kalispell for use in upgrading roads and city infrastructure that will benefit this subdivision and the City as a whole. D. What are the present tax revenues received from the un-subdivided land? i. By the County ii. By the municipality if applicable iii. By the school(s) For taxation purposes, the Riverside North PUD property is under Assessor Number 00460013 in Flathead County. An example tax bill is shown below: FLATHEAD COUNTY 2420 MEAL ESTATE TAX BILL' Adele Krantz, Treasurer 935 1st Ave W 3ta T Kaltapell MT 59901 i�61 #5�5680 hll p.-nlalhee.d.mt.gov.,prapeny_lax 1 ASSESSOR NUMBER., 0015289 TAX BILL NUMBER: 202000604 REN XINWU SCHOOL DISTRICT., 01 100 DEER RUN RD GEO CODE: 07396511201030000 KALISPELL MT 59901 Property Locatton: Partles with ownership interest as of January T, 2020 Property Oascr€ption Ctxr_r of P--n- .... ifIL'.Vi. r. . „2E 22 TR 4AN HN4 Tvae of Prpt,Ety Yarhat Valua TaxahlE Yal ua nes�ri ptim Par-nT±pe A�manL Real Estate 9,681 "8_erg County Functions 3.90% 97.07 M euildings Assessed 0 u Edacatim 9.26% 309.46 ---------------------- airy Faaxtions 87.79% 2933.97 Torals 4,691 T08_W Other 0.03% 1.19 SUMMARY OF TAXES, LEVIES & FEES COUNTY .468630 48.59 COUNTY LIBRARY .006260 4.43 SHERIFF 038700 27.40 CO PERM MED LEVY .012760 9.03 NOXIOUS WEEDS .001280 0.91 COUNTYWIDE MOSQUITO .000910 0.64 911 GENER 0BLI6 BUNG .001880 1.33 PERM SRS LEVY .000700 0.50 ROAD 023020 1630 COUNTY PLANNING 002050 1.45 BOARD OF HEALTH :005990 4..24 ROAD EXEMPT-.023020 -16.30 COUNTY PLAN EXEMPT-.002050 -1.45 SUBTOTAL - TAXES FOR COUNTY FUNCTIONS... .137110 97.07 STATE - UNIVERSITY .006000 4.25 GENERAL SCHOOLS .104120 73,72 STATE - SCHOOL AID .040000 28.32 FLAT VAL CON COLLEGE .014490 1U.26 FLATHEAD HIGH SCHOOL .096400 68.25 WEST VALLEY ELEM 01 .170030 120.38 FVCC PERMIS NED LEVY .006040 4.29 SUBTOTAL - TAXES FOR EDUCATION.......... .437080 302.45 KALISPELL CITY .167420 11853 KAL PERM M€O LEVY .022000 15,58 KAL LIGHTING So 359..37 KAL STORM SEWER 479.49 KAL URBAN FOREST DST 413.00 KAL STREET MAINT 1549.00 SUBTOTAL - TAXES FOR CITY FUNCTIONS..... .189420 2933.97 SOIL & WATER CONSERV .001680 1.19 SUBTOTAL - OTHER TAXES AND FEES......... .001660 2.19 Total Mills Levied 0.765290 Total Taxes and Fees 3341.62 32521 23t Installment due 11/30/2020 - 1670.06 2nd Installment due 05/31/2021 - 1670.83 These taxes will greatly increase in their developed conditions. Source: Flathead County Treasurer(https://land.flathead.mt.gov/lipublic) / Flathead County GIS (http://maps. flathead. mt. gov) E. Provide the approximate revenues received by each above taxing authority if the lots are reclassified, and when the lots are all improved and built upon. Describe any other taxes that would be paid by the subdivision and into what funds. The exact value of the constructed homes is unknown, however, for assumption purposes, assume houses with a minimum value of $518,000 (based on Kalispell median home value, Zillow 12-1-2021), which correlates to approximately $5,180 annually in taxes. With 160 lots in the Preliminary Plat, this translates to approximately $492,100 annually in property taxes. Source: Montana Cadastral Mapping F. Would new taxes generated from the subdivision cover additional public costs? Yes, it is anticipated that the revenue the City of Kalispell from will receive from property taxes, impact fees, and municipal services (water/sewer/garbage) will cover additional public costs. Source: WGM Group G. How many special improvement districts would be created which would obligate local government fiscally or administratively? Are any bonding plans proposed that would affect the local government's bonded indebtedness? No special improvement districts are proposed as a part of this preliminary plat and no bonding plans are specifically proposed with this property. Source: WGM Group 4. EFFECTS ON HISTORIC OR NATURAL ENVIRONMENT A. Describe and locate on a plat overlay or sketch map known or possible historic, paleontological, archaeological or cultural sites, structures, or objects that may be affected by the proposed subdivision. There are no known historic, paleontological, archaeological, or cultural sites, structures, or objects that will be affected by this project. The existing property has been used as farmland historically, and there are no existing structures or evidence of former structures that exist on the property. Source: WGM Group research B. How would the subdivision affect surface and groundwater, soils, slopes, vegetation, historical or archaeological features within the subdivision or on adjacent land? Describe plans to protect these sites. Would any stream banks or lake shorelines be altered, streams rechanneled or any surface water contaminated from sewage treatment systems, run-off carrying sedimentation, or concentration of pesticides or fertilizers? No stream banks or channels will be altered as a part of this development. All proposed units will be connected to the City of Kalispell's water and sewer system; no sewage treatment systems are proposed on site. All runoff from the site will be detained and treated according to City of Kalispell and DEQ standards, and discharged at predeveloped rates. Pesticides and fertilizer used for residential landscaping applications will likely be negligible and sediment should settle out via the treatment system and storm water detention. Source: WGM Group — Onsite visits and information obtained from the City of Kalispell and Flathead County Public documents. Would groundwater supplies likely be contaminated or depleted as a result of the subdivision? No wells are proposed as a part of this project; the groundwater will not be impacted by this development. Additionally, there are no subsurface discharges such as drain fields present on the site. The completed development will be connected to City of Kalispell Water and Sewer. Source: WGM Group Preliminary Plans iii. Would construction of roads or building sites require cuts and fills on steep slopes or cause erosion on unstable, erodible soils? Would soils be contaminated by sewage treatment systems? There are no steep slopes on the existing property aside from those along the unnamed seasonal tributary to Stillwater River, and long the river itself and no development is proposed in these locations. And there are no existing or proposed onsite sewage treatment systems. Source: WGM Group Preliminary Plans iv. Describe the impacts that removal of vegetation would have on soil erosion, bank, or shoreline instability. Not applicable. Source: WGM Group Preliminary Plans V. Would the value of significant historical, visual, or open space features be reduced or eliminated? No. The existing site is farmland; there is no significant historical value associated with the property. Landscaping will be included as a part of the open space developments and will improve the site from a visual perspective. Source: WGM Preliminary Plans vi. Describe possible natural hazards the subdivision could be subject to, e.g., natural hazards such as flooding, rock, snow or landslides, high winds, severe wildfires, or difficulties such as shallow bedrock, high water table, unstable or expansive soils, or excessive slopes. No natural hazards out of the ordinary are expected on this property. The proposed lots are setback from the flood plain, there are no large hillsides present in the vicinity where rocks or snow could slide from, it is not located in a historically windy area, there are no adjacent forests susceptible to wildfires, and a geotechnical investigation of the site has taken place to provide recommendations for constructing on the site's soils. Source: WGM Group — Onsite visits and information obtained from the City of Kalispell and Flathead County Public documents. Source: Geotechnical Report by CMG C. How would the subdivision affect visual features within the subdivision or on adjacent land? Describe anticipated efforts to visually blend the proposed development with the existing environment, e.g. use of appropriate building materials, colors, road design, underground utilities, and revegetation of earthworks. The subdivision will be constructed to provide a similar feel to other adjacent residential construction. All roads and utilities will be constructed to City of Kalispell Standards, along with the open space included and the associated landscaping. The Covenants, Conditions, and Restrictions (CC and Rs) are written to help ensure a uniform and aesthetically pleasing residential setting. Source: Silverbrook CC&Rs Source: WGM Group — Onsite visits and information obtained from the City of Kalispell and Flathead County Public documents. 5. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT A. Describe what impacts the subdivision or associated improvements would have on wildlife areas such as big game wintering range, migration routes, nesting areas, wetlands, or important habitat for rare or endangered species. The unique areas of the property that provide habitat are the wetland area along the stream and the forested area located at the southern end of the property. These areas are to remain undisturbed during and after development and should still provide adequate habitat for indigenous species. The vast majority of the site is currently used for agriculture and no endangered species are typically found in these types of properties in this area. Source: WGM Group — Onsite visits and information obtained from the City of Kalispell and Flathead County Public documents. B. Describe the effect that pets, or human activity would have on wildlife It is anticipated that all pets within the proposed subdivision will be controlled through the implementation of fencing or kennel areas. Dogs or cats at -large will not be tolerated within the proposed development. Source: WGM Group — Onsite visits and information obtained from the City of Kalispell and Flathead County Public documents. 6. EFFECTS ON THE PUBLIC HEALTH AND SAFETY A. Describe any health or 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, or irrigation ditches. These conditions, proposed or existing, should be accurately described with their origin and location identified on a copy of the preliminary plat. There are no health or safety hazards on the subject property. Source: WGM site visits Source: Google Earth 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. Not applicable. Source: WGM site visits Source: Google Earth C. Describe land uses adjacent to the subdivision and how the subdivision will affect the adjacent land uses. Identify existing uses such as feed lots, processing plants, airports or industrial firms that could be subject to lawsuits or complaints from residents of the subdivision. Not applicable. Source: WGM site visits Source: Google Earth 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. No public safety hazards are anticipated to result from this development. W Source: WGM Group Preliminary Plans PART III - COMMUNITY IMPACT REPORT Provide a community impact report containing a statement of estimated number of people coming into the area as a result of the subdivision, anticipated needs of the proposed subdivision for public facilities and services, the increased capital and operating cost to each affected unit of local government. Provide responses to each of the following questions and provide reference materials as required. 1. EDUCATION AND BUSING A. Describe the available educational facilities that would serve this subdivision. This project area is split between the Whitefish and Kalispell school districts. Schools in the Kalispell district that would serve this subdivision include Edgerton Elementary, Kalispell Middle School, and Glacier High School. Schools in the Whitefish district would include Whitefish Elementary, middle, and high schools. [ Whitefish Schaal District 1 1. Source: Google Earth Source: Flathead County GIS (http://maps.flathead.mt.gov) B. Estimate the number of school children that will be added by the proposed subdivision. Provide a statement from the administrator of the affected school system indicating whether the increased enrollment can be accommodated by the present personnel and facilities and by the existing school bus system. If not, estimate the increased expenditures that would be necessary to do so. If every unit contributed half a child to the school system, this would add 48 children to the school district (2 parents .5 children per household). This area would need to be further assessed for taxes and increased expenditures to support the associated school districts. 2. ROADS AND MAINTENANCE A. Estimate how much daily traffic the subdivision, when fully occupied, will generate on existing streets and arterials. A full Traffic Impact Study has been included with this preliminary plat and PUD submittal in Part H: Traffic Impact Study. B. Describe the capability of existing and proposed roads to safely accommodate this increased traffic. A full Traffic Impact Study has been included with this preliminary plat and PUD submittal in Part H: Traffic Impact Study. C. Describe increased maintenance problems and increased cost due to this increase in volume. A full Traffic Impact Study has been included with this preliminary plat and PUD submittal in Part H: Traffic Impact Study. D. Describe proposed new public or private access roads including: i. Measures for disposing of storm run-off from streets and roads. A storm water collection system will be installed in all the roads to collect and convey storm water runoff from roads to either retention or detention ponds. Full extent of storm water system will be assessed when design takes place. ii. Type of road surface and provisions to be made for dust. All roads will be asphalt and constructed to City of Kalispell Standards. Source: WGM Preliminary Plans Source: City of Kalispell Standards for Design and Construction iii. Facilities for streams or drainage crossing (e.g. culverts, bridges). The existing stream will remain undisturbed to the greatest extent possible. An erosion control plan will be implemented during construction to prevent sediment laden runoff from entering the stream. iv. Seeding of disturbed areas. Prior to final completion, all disturbed areas will be either seeded or landscaped to prevent excessive sediment laden runoff from leaving the site. Source: WGM Preliminary Plans Source: City of Kalispell Standards for Design and Construction E. Describe the closing or modification of any existing roads. No roads will be closed as a part of this project. . Source: WGM Preliminary Plans F. Explain why road access was not provided within the subdivision, if access to any individual lot is directly from arterial streets or roads. Road access is provided via internal roads and to external arterial roads. The proposed lots for the fire station and for the storage units would be coming off of Church Drive. Access from Church will provide W ON fire quicker access onto Highway 93. The storage lot will likely need to accommodate larger vehicles (boats, RV's, trailers, etc) that have a harder time navigating local streets. G. Is year-round access by conventional automobile over legal rights -of -way available to the subdivision and to all lots and common facilities within the subdivision? Identify the owners of any private property over which access to the subdivision will be provided. Access will be maintained via the subdivision roads year-round to allow residential and postal service access. H. Estimate the cost and completion date of the system, and indicate who will pay the cost of installation, maintenance and snow removal. Public roads will be turned over to the City of Kalispell for maintenance and snow removal. Private accesses and parking lots will be the responsibility of the developer. 3. WATER, SEWAGE, AND SOLID WASTE FACILITIES A. Briefly describe the water supply and sewage treatment systems to be used in serving the proposed subdivision, e.g. methods, capacities, locations. Water and sewage systems will be provided by the developer and turned over to City of Kalispell Public works. This project will include a sewer lift station that will take all wastewater generated by this development and pump it under the drainage (though and existing 6" pipe) to the existing gravity sewer system within Silverbrook. City water is supplied by a series of wells and storage tanks. Mains are available at the north end of the project and has been extended in anticipation of a project at this location. Source: City of Kalispell Infrastructure Mapper and WGM Preliminary Plans B. Provide information on estimated cost of the system, who will bear the costs, and how the system will be financed. The costs will be covered by the developer, and investors. Upon completion and approval, the City of Kalispell will assume ownership of the water system and sewage conveyance system. Source: Owner Source: City of Kalispell 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. The existing property has been annexed into the city and water and sewer mains have been stubbed into the property. Interior servicing will be subject to city of Kalispell and DEQ regulations approvals of which will not be granted until after design. Initial conversations with the City indicate there is adequate supply to serve the development. Impacts to the existing system will be limited because an 14" transmission main (Church Drive) as well as a sewer lift station #39 have been built to accommodate the development and to the greater northern Kalispell region. Source: WGM Group — Onsite visits and information obtained from the City of Kalispell and Flathead County Public Documents. D. All water supply and sewage treatment plans and specifications will be reviewed and approved by the Department of Environmental Quality (DEQ) and should be submitted using the appropriate DEQ application form. Yes, prior to completion, all water and sewer plans will be submitted to the DEQ and the City of Kalispell for comment and approval. Source: City of Kalispell Design and Construction Standards Source: Department of Environmental Quality E. Describe the proposed method of collecting and disposing of solid waste from the development. Requests for garbage service will be made upon development completion and must be directed to the City of Kalispell Public Works Office. The cost for services is assessed annually for one time per week pickup and is included in property tax assessments. Source: WGM Group — Onsite visits and information obtained from the City of Kalispell. F. If use of an existing collection system or disposal facility is proposed indicate the name and location of the facility. The City of Kalispell Public works department will provide garbage collection and disposal. This service is included in property taxes that will result as a part of City of Kalispell Annexation. 4. FIRE AND POLICE PROTECTION A. Describe the fire and police protection services available to the residents of the proposed subdivision including number of personnel and number of vehicles or type of facilities for i. Fire protection -- is the proposed subdivision in an existing fire district? If not, will one be formed or extended? Describe what fire protection procedures are planned? The proposed project is located on the northern edge of the City of Kalispell Fire Service Area. It will be connected to the City of Kalispell's public water system and fire hydrants will be provided throughout the subdivision. Kalispell has a full -service Fire department staff available 24 hours a day, seven days a week. As a part of subdivision approval of the water system, Public Works and the Fire Marshall will review the sizing pressure and location of the hydrants needed to serve the development. The sewer and water plans indicate the probable locations of the water mains and hydrants, they have been included in the application. Source: City of Kalispell Fire website and City of Kalispell Design Standards ii. Law Enforcement protection —is the proposed subdivision within the jurisdiction of a County Sheriff or municipal police department. The City of Kalispell Police department will assume jurisdiction of the proposed development as it will be incorporated into the City limits upon completion. Currently the existing phases within Silverbrook are served by the City of Kalispell Police Department. Source: City of Kalispell Police B. Can the fire and police protection service needs of the proposed subdivision be met by present personnel and facilities? If not, describe the additional expenses that would be necessary to make these services adequate, and who would pay the costs? The City of Kalispell should be adequately staffed to accommodate the development. As this project will be incorporated into the city, the additional police service would be covered by City of Kalispell. Source: City of Kalispell 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. Open space and park space has been designated throughout the development. The type of parks and amenities included with these open space developments has yet to be determined, but 27.3 acres have been designated as open space in the proposed Preliminary Plat along with 2.91 acres of developed park. Initial ideas within the proposed park area include a playground, picnic pavilion, pool with changing rooms, and multi -use courts. B. List other parks and recreation facilities or sites in the area and their approximate distance from the site. Numerous small parks, courts, benches, trails, etc. are located throughout the previous phases of Silverbrook. Source: Google Earth C. If cash -in -lieu of parkland is proposed, state the purchase price per acre or current market value (values stated must be no more than 12 months old). No cash in -lieu of parkland is currently being proposed as a part of this project. Source: WGM Group — Onsite visits and information obtained from the City of Kalispell and Flathead County Public documents. 6. PAYMENT FOR EXTENSION OF CAPITAL FACILITIES A. Indicate how the sub divider will pay for the cost of extending capital facilities resulting from expected impacts directly attributable to the subdivision. The developer will use a combination of investors and(or) construction loans from lending institutions to raise the capital to build the infrastructure required for the planned unit development. Source: Owner LEGEND O Single Family Lots OFuture Fire Station & City Maintenance Bldg. OSewer Pump Station ® Storage Unit Lot 5O Stormwater Ponds © open Space 70 Park Space ® 8 ft. Multi -Use Trail OWetland/Watercourse 01 Church Drive I i _ Fox estLgbp 1 � 1 I t I y l Great North rn Tr it --- L--- I- -�_. --t k i , Li I ' _ U. Be ver ood T it o° ; =------- f' I i I , Si/ve 'p Trail -- --- _� -- a -- -- < 1 1 0 Oo f r rests 1 i - , __�s 01 ii0 — - atet r A SILVERBROOKIPHASE 2D Project Number: 0831 RIVERSIDE NORTH September a WGMGROUP N d Silverbrook Estates welcomes all participants in this process of creating a new residential and commercial community on the outskirts of Kalispell, Montana. This beautiful farm country has provided the design impetus for generating a neighborhood of homes and businesses that reflect it in appearance and experience. As a project developer at Silverbrook Estates, you have become a stakeholder in the success of this unique community. A. Character Goals & Vision of Silverbrook Estates The intent of this development is to instill a feeling of integration and belonging with this new community in the rich farmland of Flathead County. A direct relationship to the historically agricultural surroundings is emphasized, to preserve and strengthen a sense of place. All involved are encouraged to be responsible stewards of this land. Basic design tenets include promotion of pedestrian interaction with nature and implementation of sustainable practices when beneficial to the overall development. Decisions regarding design and construction on the land will take cause and effect into account, and aim to improve the inherent symbiotic relationship between the users of the land and the land itself. The layout of this community, which emphasizes the entry and the journey, establishes this as a welcoming place. The key relationship is between the residents, visitors, and the environment; interaction of these crucial entities is promoted through planning and architectural design Any built elements within the development shall relate to the built agricultural languages surrounding them while not imitating them. Architectural cohesiveness and compatibility is strongly encouraged while still allowing individual expression and high quality of architectural design. The architectural vocabulary will reflect the surrounding farmland and the current contemporary age without intruding upon the land. There will be a relationship generated between adjacent units while anticipating an evolution of design as opposed to an abrupt change. All choices should be made to enhance Silverbrook Estates' role as a member of the larger community. Silverbrook Estates Design Guidelines Introduction to Silverbrook Estates B. Sustainability Goals Respect for, and mitigation of, the impact that humans have on our physical world is paramount to the concept of sustainability. As part of this development, we all strive to lessen the side effects of our built environment on the natural resources we hold so dear. The guidelines contained herein incorporate requirements that will ensure that Silverbrook Estates helps preserve the natural beauty and quality of life found in the Flathead Valley. These design features are intended to promote and ensure a more environmentally conscious way of living. The sustainability requirements incorporated herein do not contribute negatively to the overall cost of the home, when compared to traditional, non -sustainable methods of construction. C. The Developer and Silverbrook Estates As a project developer or owner of property in Silverbrook Estates, you play an integral role in the realization of the goals that define and contribute to the overall quality of life of this community. This opportunity is balanced with several requirements and regulations that protect this vision and are delineated herein, as well as in the Declaration of Covenants, Conditions, Restrictions and Reservations (CC&Rs). The Master Developer (93 & Church, LLC) and the Design Review Committee are available for consultation regarding the guidelines, their implementation, and other related development issues. D. The Purpose of this Document This document prescribes and explains the design guidelines for all construction that will take place within Silverbrook Estates. The guidelines have been created to establish the design parameters that will result in the vision described above. They are based upon the objective of creating a strong, inter -related community that demonstrates a commitment to itself and the individuals residing and working there. These guidelines represent the high quality of design that will encourage this character, making Silverbrook Estates appealing to both residents and visitors. These guidelines also provide specific information to developers and property owners about acceptable means and materials for designing their buildings, and the basic procedures to follow in order to smoothly proceed through the design, design review, and construction process. Basic site and building design tenets are addressed throughout this document, with the intent of promoting an environment that responds to the needs of the pedestrian, establishes and maintains a cohesive neighborhood identity, and respects the natural agrarian setting of Silverbrook Estates. E. Amendment of this Document Subject to the limitations set forth herein, these Design Guidelines, or any provision of it, may be terminated, extended, amended or revoked as to the whole or any portion of the Property as follows: Silverbrook Estates Design Guidelines Introduction to Silverbrook Estates • During the Period of Declarant Control (as defined in CC&Rs), the Master Developer may terminate, extend, amend or revoke these Design Guidelines. A copy of the document stating the proposed action to be taken by Declarant shall be mailed to each Owner by first class mail, postage prepaid, to the address of the Owner in the records of the Association. Unless written objection is received by Master Developer from the Owners holding seventy-five percent (75%) of the votes within thirty (30) days of the mailing of the notice to the Owners, the proposed action shall be considered approved and shall become final. The Master Developer shall mail to each Owner a notification that such action has become final and a certification that fewer than seventy-five percent (75%) of the Owners objected to the action. • After the Period of Declarant Control, these Design Guidelines, or any provisions contained herein, may be terminated, extended, amended or revoked upon the written consent of Owners holding seventy-five percent (75%) or more of the votes in the Association. The amendment will be effective upon the mailing of notice to the Owners that the Design Guidelines have been amended and a certification signed by an officer of the Association that the required number of consents of Owners were obtained. • No termination, extension or amendment of these Design Guidelines will be effective in any event during the Period of Declarant Control unless the written approval of the Master Developer is obtained. F. Organization of this Document Chapter I introduces the broad goals of Silverbrook Estates and provides general information about this document. Chapter II defines the Property Owners' Association, the Design Review Committee, and their respective roles in the development of this new community. This chapter also details the permitting and approval process. Chapter III outlines the design review and approval process in the form of a flowchart. Chapter IV describes and illustrates the Design Guidelines that are applicable to all development proposals for all land uses throughout Silverbrook Estates. The three primary development types are commercial, single-family residential, and R-4 Residential (as defined in Chapter VII). Guidelines are defined as mandatory requirements for development. The guidelines are categorized as Site Design, Landscape Design, and Building Design. Chapter V through Chapter VII are organized like Chapter IV, however they describe and illustrate the guidelines that apply specifically to each of the specific land uses, as follows: Commercial, Single-family residential, and R-4 Residential. These guidelines are to be followed in addition to those in Chapter IV. Guidelines are defined as mandatory requirements for development. The guidelines are categorized as Site Design, Landscape Design, and Building Design. Chapter VIII through Chapter XI are provided as references for contacts, documents, and applications. This information may change periodically. The DRC should be contacted for the most up-to-date information. Silverbrook Estates Design Guidelines Introduction to Silverbrook Estates G. Definitions Except as specifically defined herein, all capitalized terms shall have the meaning ascribed to them in the Declaration of Covenants, Conditions, Restrictions and Reservations, as amended. Silverbrook Estates Design Guidelines Introduction to Silverbrook Estates The following permitting and approval procedures shall govern all permits and approvals required to be obtained in Silverbrook Estates. This process is also delineated in the flowchart in Chapter III. All the terms used herein are as defined in the Codes, Covenants, & Restrictions for the development. Before initiating the review process with the Design Review Committee (DRC), all project developers or owners are encouraged to take the following steps to help organize their project. 1. Consider the use of a design professional. Professional designers in the architectural, engineering, and landscape architectural fields are required for all commercial, Residential Town Homes, and landscaping projects. While the City of Kalispell does not require it, the use of such professionals is encouraged for the residential projects as well. These guidelines are not intended to replace those valuable services provided by the professionals noted above. Use of design professionals may facilitate a smoother review process and ultimately save the owner time and money. Make yourself familiar with all applicable local, county, state, and federal regulations and requirements. The Design Guidelines stated herein supplement other relevant regulations and requirements. All project developers should become familiar with other applicable regulations as they relate to development at Silverbrook Estates. The developer should apply for and receive all applicable permits and approvals required by the City of Kalispell. 3. Make yourself familiar with all the Design Guidelines stated herein. This document is structured to help you create a project that is of high quality design and construction, one that is a well -integrated design, and one that contributes to the high quality of the community. Following the guidelines closely will buttress this process. The DRC is available to answer questions regarding these guidelines and processes. 4. Schedule an Initial Plan Review. While Initial Plan Review is not required for any project, it is highly advised. This process allows for a freer flow of information and exchange of ideas among the developer, designer, and DRC. This strategy engages the DRC early in the design, and prevents the possible need for redesign further along in the design process. Silverbrook Estates Design Guidelines Permitting & Design Review & Approval Procedures 5. Prepare and submit a complete package for DRC review. An application/checklist is provided in Section XI of this document for all items required for submittal to the DRC to review your project. By providing a complete and timely application and completed checklist, the DRC will be in a better position to review your documents. Without a completed submission, the DRC might not be able to complete their review; the documents will then be returned to the proposer. By following the requirements stated below for each application type, the development proposal can be more quickly evaluated by the DRC. A. Administrative Organization The Property Owners' Association (POA) is an organization that has been formed to implement, administer, and enforce the Declaration and other pertinent documents. The members of this group are the residential and commercial property owners and project developers within Silverbrook Estates. A Board of Directors is comprised of POA members elected by the POA; this board represents the POA and manages the business and administrative duties for the POA. The POA has created the Design Review Committee (DRC) to represent the POA in a review capacity for the development projects within Silverbrook Estates. B. Design Review Committee (DRC) The DRC is established by the Property Owners' Association (POA), which is responsible for appointing members and terms. The DRC shall consist of three members appointed by the POA. The DRC shall interpret and enforce the Design Guidelines related to the external design, appearance, and location of all specified properties and improvements within Silverbrook Estates. C. Committee Duties The DRC is responsible for ensuring compliance with the Design Guidelines and performing the following duties: 1. Review To review all of the following it deems necessary: a) Site plans b) Landscape plans c) Building drawings and specifications d) Material and color samples e) Other information deemed appropriate to individual proposals f) Design Review Checklist Silverbrook Estates Design Guidelines Permitting & Design Review & Approval Procedures 2. Approve To require all improvements, such as the following, to be reviewed and approved by the DRC in writing before construction commences. a) Construction of buildings, auxiliary structures or roads b) Renovation, expansion, or refinishing projects which impact the exterior appearance of the structure. c) Interior changes which affect the major function of a building d) Restorations e) Landscaping, Fences, and Walls f) Parking g) Signs and Exterior Lighting (and changes to same) h) Other Improvements specific to an individual proposal D. Purpose of Design Review Design review is an integral component of ensuring that the quality of the development will coincide with the overall vision. All new construction, including buildings and landscaping, shall participate in the design review process to ensure compliance with the Design Guidelines. The Silverbrook Estates Design Review Committee (DRC) is established and given the authority to coordinate, expedite, and assure fair and equitable enforcement of the Design Guidelines. The objective of this committee is to encourage designs which meet or exceed the requirements of the Design Guidelines. These guidelines include the procedures for application, consideration, and approval of any building in Silverbrook Estates. No construction shall commence, or landscaping installed, without the approval of the DRC. Each structure and any site improvement must be constructed in compliance with the Design Guidelines, including but not limited to, location, square footage and height requirements, environmental and landscaping components, color, material choices and usage, and all other requirements of the Design Guidelines, as well as all current jurisdictional design guidelines. No existing houses or buildings shall be moved upon any lot without the prior written approval of the DRC. E. Design Review Procedures The Silverbrook Estates DRC shall act in addition to, and not in lieu of, the City of Kalispell Planning Board & City of Kalispell Zoning Commission. The City of Kalispell Planning Board and Zoning Commission are not, however, appeal boards for the DRC. The DRC is given authority through the Declaration of Covenants, Conditions and Restrictions (CC&Rs) for Silverbrook Estates. A fee of $200 for residential projects and $1,000 for commercial projects shall be payable to the Silverbrook Estates Property Owners' Association for processing the review and approval of development plans and specifications. Silverbrook Estates Design Guidelines Permitting & Design Review & Approval Procedures Approvals shall be issued only for uses, developments, or structures which are in conformance with the City of Kalispell Zoning Ordinance, the Convenants of Silverbrook Estates, and the Design Guidelines stated herein. Design Review is a two-phase process which includes Initial Plan Review and Final Plan Approval. This process will be followed for any major building project. However, owners may submit materials for Final Plan and Approval without an Initial Plan Review. 1. Initial Plan Review a) The Initial Plan review addresses the conceptual design of the project. The review will address existing site conditions and planned improvements, building floor plans and elevations, roof design, architectural character or expression, exterior materials, grading, drainage, and erosion control measures. Reference the Initial Plan Review Checklists and Evaluation Criteria for complete submission requirements. b) The Initial Plan review includes the following steps: Owner/Architect prepares and submits to the DRC two copies of the Initial Plan which will include all information required by the Initial Plan Review Checklist. DRC reviews Initial Plan at scheduled meeting and notifies Owner in writing of the findings within ten (10) business days. If necessary, the Owner may, within thirty (30) business days, resubmit a revised Initial Plan or appeal to the P.O.A. 2. Final Plan Review and Approval a) The Final Plan review and approval addresses the final design details of the project. The review will address planned improvements, building elevations, building sections, roof design, architectural character or expression, exterior materials, site conditions, grading, drainage and erosion control measures. Reference the Final Plan Review Checklist and Evaluation Criteria for complete submission requirements. b) The Final Plan review and approval includes the following steps: • Upon approval of the Initial Plan the Owner/architect shall prepare and submit two copies of the final plan which shall include all information required by the Final Plan Review Checklist • DRC will notify Owner in writing of the Final Plan Approval decision within ten (10) business days. The DRC will outline the reasons for acceptance or denial. • If necessary, the Owner may, within thirty (30) business days, resubmit a revised Final Plan or appeal to the P.O.A. c) Upon issuance of written approval, the Owner may apply for a building permit from the City of Kalispell and design approval from the DRC. Silverbrook Estates Design Guidelines Permitting & Design Review & Approval Procedures F. Implementation All designs will be presented to the DRC for review and cannot proceed without written authorization from the committee and receipt of a building permit from the City of Kalispell. The DRC is enabled with establishing design criteria where they are not called out sufficiently in the Design Guidelines. Where materials, designs, and colors are submitted that are deemed incompatible with the overall vision of the development, the DRC may advise the proposer of acceptable avenues or directions that are more in keeping with the development's image. When a design is outside the stated limits of the Design Guidelines, but still complies with the intent of the guidelines, the DRC can grant a variance as it deems appropriate. Such a variance is not to be interpreted as a revision or amendment to the Design Guidelines and does not apply retroactively to prior DRC approvals. A signed Final Plan Approval is contingent upon the understanding that the completion of all improvements will be in substantial compliance with the approved plans and specifications. Any changes in the design must be presented to the DRC for approval. Any use, arrangement or construction not in conformance with the approved plans and specifications shall constitute a violation of the CC&Rs. The DRC has the authority to revoke or suspend the DRC's approvals and order the suspension or cessation of any construction in violation of the Design Guidelines and CC&Rs or any approval issued by the DRC. Building construction shall be completed within 18 months of commencement of construction, unless otherwise authorized in writing by the DRC. The DRC reserves the right to enter onto a lot or property to inspect the exterior of the building and related site components for compliance with the Design Guidelines. G. Design Review Checklist A Design Review Checklist is provided with this document for use by those submitting designs for review and by the DRC. A completed checklist shall be submitted with each design as an integral component of the documents to be reviewed by the DRC. Project approval requires that the applicable categories be in compliance. At a minimum, all applications shall contain that information necessary to show that, if constructed as proposed, the proposed use, development or structure will conform to, and comply with, all of the requirements of the application regulations (zoning requirements and Design Guidelines). H. Expiration of Development Approval The following provisions apply to the expiration of Development Approval: 1. An approval shall expire if the building or work authorized by the permit has not commenced within twelve (12) months from the date of issuance of the permit or if the building or work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of six (6) months. 2. After an approval has expired, no work can be recommenced until a new approval is obtained. The fee for a new approval shall be one-half of the amount required for the Silverbrook Estates Design Guidelines 9 Permitting & Design Review & Approval Procedures original permit, provided that no changes have been made or will be made in the original plans and specifications for the work and that abandonment has not exceeded twelve (12) months. 3. All exterior construction shall be completed within eighteen (18) months from the date building construction commences. This includes construction of the exterior of all structures, all required parking, and placement of required screening. Silverbrook Estates Design Guidelines 10 Permitting & Design Review & Approval Procedures SILVERBROOK ESTATES DESIGN REVIEW FL H R:1 OWNER+APPLWANP SURMITS 2 COFIES OF APPLICATKM CHECKLIST DRCREVIEW AND COMMENTS WITULN 10 DAYS - COMPLIES OWt E BUAPPLH(ANT OR DOES NOT COMPLY RESUBMITS WYM TO DESIGN GUID MODIFICATIONS COMPLIES DOFS NOT CUNmy OWE li VAPPLICANT OYn1mAFPLW-A.NT APPEALS TO SLjBMM FINAL PROPERTY OWNERS APPLICATLCINI A ,;W—IATION CNECICLI5T DRC REVIEW O WKEWAPFLICANf RES'UBkii7'S WMI LETTER OF FINA4 MODIRCAT1011S APPROVAL C,RANTED FINAL APPROVAL KOT GRANTF-n (W-rNEWAFFLICANT OWNERIAFPLICAMT APPEALS TO SLMMM PLANS FM PROPERTY OWNERS PERMITTING ASSOCIATION 1PfRMrrT1W0 CA AF TED CONSTRUCTION BFGINS Silverbrook Estates Design Guidelines 11 Design Review & Approval Flowchart The following design guidelines define the established parameters for quality and consistency of site, building, and landscape design which will provide a beautiful community and protect property values. While individual expression is encouraged, it must be harmonious with the overall character set forth in these Design Guidelines. All structures shall be built in strict conformance with these Design Guidelines, which have been adopted, per the CC&Rs to govern the building of any and all structures in Silverbrook Estates. Refer to the CC&Rs for all legal requirements. These guidelines are specific mandatory provisions for implementing the vision of this new community. These General Design Guidelines apply to all development in Silverbrook Estates. In addition to these general guidelines, all proposed development must adhere to the specific guidelines that apply to their land use. For example, a proposed development in the Neighborhood Commercial area references Chapter IV and Chapter V to plan their project. A Guideline is defined as a requirement specifying a particular aspect of site or building design and is thus mandatory. Images are included throughout to illustrate the guidelines. They are not meant to be all inclusive or representative of the only design solutions that comply. The graphic examples are meant to clarify the intent of the guidelines and can often provide a starting point for the design process. A. General Site Design 1. Transportation and Circulation This section describes all types of vehicular and pedestrian circulation within Silverbrook Estates. These guidelines are minimum requirements and are not meant to replace industry standards or acceptable alternatives, when reviewed and approved by the DRC. A well -designed transportation and circulation system includes: Addressing residential densities; demographics of Silverbrook Estates; local and national standards; sensitivity to environmental, land and cultural issues; and overall safety. Designing with all the appropriate industry standards, as governed by design and engineering professionals, including width of circulation routes or paths; turning radii; sight vision triangles and distances; horizontal and vertical curvature; design speed; angle of intersections of streets, drives and paths; and grading and drainage. Incorporating transportation networks into neighborhood and community while minimizing safety conflicts and providing effective routes throughout Silverbrook Estates and to adjacent areas. Silverbrook Estates Design Guidelines 12 General Design Guidelines Separation of vehicular and pedestrian traffic where possible or the mitigation of potential conflicts if separation is impossible. Efficiently planned transportation and circulation systems and patterns to preserve open space, and to create purposeful and usable public and private spaces. A well -designed transportation and circulation system should also address the needs of the pedestrians within Silverbrook Estates. The design of all circulation routes should be developed to encourage pedestrian activity. The quality of life will be enhanced through an increase of walking and biking throughout Silverbrook Estates. Developing and maintaining an appropriate level of human scale and detail can enhance pedestrian experiences. Variety in color and texture in building and landscape design is also desired to provide visual interest. Pedestrians should find that walking along a pathway or down a sidewalk elicits a comfortable and pleasant experience. The scale of buildings and the architectural treatments, along with landscaping, ground plane treatments, and site furniture should enhance this pedestrian -oriented experience. a) Parking • All parking lots or parking areas shall be designed and installed according to the following requirements, unless the property is located within the Parking District. • All parking lots shall be constructed with standard six-inch curb and 18-inch gutter. All planting beds or islands within the parking lot shall also be constructed with curb and gutter. • All parking lots located within the Parking District shall be designed according to KalispellParking Ordinances and these minimum guidelines. • All parking spaces within Silverbrook Estates shall meet the minimum standards for off-street parking as per Chapter 27.26 of the Kalispell Zoning Ordinance. • Parking areas shall be screened from view of the public right-of-ways, pedestrian plazas and adjacent residential properties. • Off-street parking shall be located behind a building, unless otherwise approved by the POA. • Parking lots shall be constructed of modular pavers, concrete or asphalt. Durable permeable pavement options are strongly encouraged. b) Accessible Parking • All handicap accessible spaces shall conform to the federal standards enumerated in the Americans with Disabilities Act (ADA) and the Federal Standard 795, (Uniform Federal Accessibility Standards), or applicable current regulations. c) Safety • All streets and parking lots within Silverbrook Estates shall be designed to promote safe and efficient circulation while providing access to individual parking spaces, buildings, and facilities for vehicles, bicycles and pedestrians. • No parking or loading area should create a situation in which vehicles are required to back onto a public road. Silverbrook Estates Design Guidelines 13 General Design Guidelines • Parking areas for single-family dwellings with access to local and collector roads are exempt from this requirement. • Parking areas for R-4 Residential dwellings with access to local and collector roads are exempt from this requirement only when individual driveways are provided for each lot. • All parking lots shall provide proper grading and drainage to allow safe and efficient movement of pedestrians and vehicles throughout the parking lot. • Clearly identify access points for vehicles and pedestrians. d) Loading Areas • Loading areas shall be designed according to the requirements of the City of Kalispell Zoning Ordinance. e) Parking Lot Snow Storage and Removal • The POA will provide snow removal for the commercial district parking and pedestrian circulation system within the Neighborhood Commercial area. The POA is not responsible for snow plowing or maintaining sidewalks or driveways within residential lots • All residential lots shall provide their own plowing and shoveling for all sidewalks adjacent to their property lines and to the edge of the curb for their driveways. • Each parking lot shall provide adequate snow storage area for excessive snowfall during the winter months. • The snow storage areas should be well integrated into the storm water management system and grading and drainage of the site. • The snow storage areas should be attractive and well drained during the summer months, in order to maintain a pleasant appearance of these areas and not allow standing water to form. f) Stormwater Drainage • A stormwater drainage and management plan shall be submitted for all parking lots that are over 20,000 square feet in area. • All stormwater shall be directed to the streets, where it will be collected and transported to the retention ponds. • The stormwater drainage and management plan should be designed to accommodate the approximately 63 inches of snow that falls annually in the Kalispell area. • No lot shall direct runoff or stormwater onto another lot. g) Parking Lot Lighting • Reference lighting for guidelines for parking lot lighting. • The project developer is responsible for the installation of all parking lot lighting, except within the parking district, and street rights -of -way. Fixtures shall conform to the specifications provided by the DRC. The specifications for the light fixture will be provided by the DRC. Silverbrook Estates Design Guidelines 14 General Design Guidelines • The requirements, as outlined in "Lighting," will ensure that lighting is not excessive and minimizes glare or deflection of light to adjacent properties and streets. h) Parking Lot Landscaping • See Landscaping Requirements. • These guidelines will ensure that parking lots are screened from adjacent properties and streets and those parking lots are not cold and empty spaces. i) Pedestrian Circulation • The Master Developer is responsible for installation of sidewalk improvements(exclusive of driveways) in the right-of-way adjacent to each lot. The Master Developer can address these improvements in one of three ways: install these and incur the expense; install these and transfer the cost into each lot; or have the lot owner install them according to city standards and have the Lot Owner pay for the maintenance. In all three options, each Lot Owner is responsible for maintaining all adjacent sidewalk improvements in the rights -of - way adjacent to their Lot, except along Silverbrook Drive. The POA will be responsible for maintaining all sidewalk improvements in the rights -of -way of Silverbrook Drive and adjacent to parks and Open Space. Maintenance includes shoveling and paying for repairs. • The perimeter of each lot along the road right-of-way shall have five (5) foot wide sidewalks that are inviting to pedestrians and link to adjacent property's sidewalks or pathway systems. • A six-foot to seven -foot landscaped boulevard strip shall be maintained between the roadway back -of -curb and the sidewalk. Sidewalks shall be located in the right-of-way. • The Master Developer is responsible for installation and POA is responsible for maintenance of bicycle/pedestrian path improvements in open space lots. • Provide bicycle parking and storage facilities on each commercial lot. • Bicycle path alignment may meander slightly to add visual interest. j) Emergency Access and Fire Protection • Consult with the Kalispell Fire Department and local applicable building codes for information regarding emergency access and fire protection on lots within Silverbrook Estates. 2. Site Furnishings, Trash Receptacles and Mechanical Equipment a) Site Furnishings • Site furnishings shall be provided at all commercial and Open Spaces. • Site furniture shall be simple in character. • Site furniture, like signage, shall be designed to be compatible with the natural character of Silverbrook Estates and its surroundings, while addressing the needs of the project. Silverbrook Estates Design Guidelines 15 General Design Guidelines • If the project developer prefers a site furnishing that is not illustrated here, they should submit manufacturer cut sheets and/or samples to DRC for review and approval. • Public Open Spaces shall have trash and recycling receptacles placed near seating areas and points of entry. • The Master Developer is responsible for installation of site furnishing improvements in all Open Spaces. The POA is responsible for all maintenance of such improvements and may elect to install additional or replacement furnishings at a later time. b) Benches • All commercial lots shall have at least one (1) bench installed for every two (2) building entrances on the Lot. • Some benches or seating should face each other to encourage human interaction. • Benches may be backless to prevent obstruction of view and to maximize use in limited spaces. • Benches with backs, as shown below, encourage lingering. See image of acceptable bench below. • A list of acceptable benches will be provided by the DRC. • Benches installed with commercial projects shall be specified by the DRC. Silverbrook Estates Design Guidelines 16 General Design Guidelines C) d) Bike Racks • All commercial lots shall have at least one (1) bike rack installed for each building entrance on the lot. The project developer may group bike racks into one or two main entrances on the site in order to centralize bike parking facilities. • Bike racks for parks, Open Space, and residential areas should be constructed of a combination of metal and wood. • All bike racks within the commercial area shall be single -loop painted metal racks as specified by the DRC and as shown in the image above. Trash Dumpsters and Animal -Proof Waste Receptacles • All commercial buildings shall provide at least one enclosed or screened trash dumpster per building. • All trash dumpsters shall be screened from parking lots, outdoor eating areas, sidewalks, adjacent public or private streets, adjacent residential properties or dissimilar land uses by means of a durable enclosure. • All commercial trash dumpster enclosures shall have three permanent non - movable sides and one side that can be accessed for container removal by the contracted trash collector. • All commercial trash enclosures shall be constructed of attractive and durable materials that complement the architecture and materials of the buildings on the lot. • All permanently fixed waste receptacles within Silverbrook Estates shall be animal - proof as approved by the DRC. An example of an acceptable receptacle is shown here. • The Master Developer shall provide at least one (1) waste receptacle within the streetscape in front of each commercial building. • All waste receptacles within Open Spaces shall be provided and installed by the Master Developer • Residential trash containers should be approved by the contracted trash collector and should be stored in a garage or shed. • The trash enclosures and containers should be maintained in good condition at all times. Silverbrook Estates Design Guidelines 17 General Design Guidelines e) Mechanical Equipment • Ground -mounted mechanical equipment shall be located so that it is accessible for routine maintenance and repair. Screening of mechanical equipment can be achieved either by architectural or landscape architectural methods. Using parapet walls, building vents or equipment into the roof, or concealing equipment with fences, shrubbery or trees all works well. Satellite Dishes: Per the Federal Communications Commission (FCC), restrictions cannot be placed on video antennas including direct -to -home satellite dishes that are less than one meter in diameter, TV antennas, and wireless cable antennas. The use of direct -to -home satellite dishes that are larger than one meter in diameter shall not be permitted in Silverbrook Estates. Such devices that are permitted shall not be located in the front yard, or on primary facades or roofs. •R � �M1����������I����I�r�l���l��ll�f�1'if���'I���� �-� kill M I�� f) Fences Silverbrook Estates Design Guidelines 18 General Design Guidelines • All fences shall be approved by the DRC prior to installation. See previous page for images of acceptable fences. • Fences installed by the Developer along Silverbrook Drive, Church Drive or other perimeter fences may not be altered by Owners. • In commercial areas, fences may be constructed where it is desirable to screen mechanical equipment, trash dumpsters/receptacles or freight loading areas. • Fences are prohibited in front yards. • Fencing shall be a maximum of six (6) feet (measured from finished floor level of primary structure) or lower except when: - Within 25 feet of street intersection and then no taller than three (3) feet • Fences or enclosures should have at least one perimeter access point for the property or space in which it provides enclosure. • Where fencing is attached to the building or used for screening adjacent to the building, fencing materials and design shall use the same architectural expression as the main structure. • Residences may choose one of the fences shown. The appropriate material for all residential fences is wood, with optional cast metal or wrought iron. • Appropriate commercial screen fence materials are wood, stone or masonry, wrought iron or cast metal. • Prohibited materials for fences include chain link, slatted "snow" fences, and mesh "construction" fences. • Retaining walls should not exceed three (3) feet in height unless designed and engineered to industry standards for structural integrity. • For the purpose of fence locations, the front yard is measured from the front building wall of the building, where it meets with the side building wall, extending the distance to the front property line. 3. Sims for Common Areas & General Guidelines for all Sims Signs provide a strong visual connection within the community, and provide information about the activities in the development. Signs should engage and complement the design of the commercial district. Wall signage integrated into the overall building design is preferred over free standing signage. The signage guidelines allow for signs that reflect the quality of Silverbrook Estates and that complement the rural Kalispell farmland surrounding it. Signs in the common areas shall be used to identify site improvements that are meant to be enjoyed by all, and are meant to ease traffic (pedestrian and vehicular) through the subdivision and its adjoining commercial district. The following guidelines also apply to both commercial and residential properties; see Neighborhood Commercial, the Single -Family Residential, and the R-4 Residential Design Guidelines for requirements specific to those property types. a) Applicants shall submit a signage plan for review by the DRC. The plan shall include dimensioned elevation drawings of the signage as it relates to the building. If the sign projects from the building, a scaled cross-section drawing shall be provided Silverbrook Estates Design Guidelines 19 General Design Guidelines for review. The DRC reserves the right to enter onto a property or lot to inspect for compliance with the Signage Guidelines. b) The Kalispell Zoning Ordinance shall be supplemented by the Signage Guidelines provided below. c) Materials and Design: • Signs shall be of high quality design and construction. • Signs shall be constructed of high quality, durable materials such as metal, timber, and stone. • All materials shall be able to resist wind, snow, temperature, and other environmental factors. • Exposed fasteners, hangers, and brackets shall be secure and watertight. • Painted surfaces shall be minimal and well maintained for the duration of the sign. • Natural stone is permitted; faux stone and the like shall not be permitted unless detailed to appear like natural stone. • Colors shall be muted and should complement the building designs; bright colors may be used only for accent features. d) Sign illumination: Refer to Lighting. e) The following signs are permitted in common areas: • Hanging and banner signs, with the following provisions: - Hanging signs hang down or are suspended from an awning or the underside of a horizontal or inclined surface. - Banner signs are constructed of light -weight fabric and permanently mounted to a building, pole, or other structure on a permanent frame. - Hanging and banner signs shall be suspended from light standards in the commercial district. They shall be erected by the Master Developer and maintained by the POA. - Banner signs shall be constructed of lightweight water-resistant fabric. - The area of the sign shall be a maximum of 15 square feet in size. - The sign shall be secured at both ends. - The bottom of the sign shall be a minimum of eight (8) feet above the sidewalk/grade, except as noted below. - If the sign is located over a landscaped bed, the bottom of the sign may be seven (7) feet above the plantings. • Directory signs, with the following provisions: - A directory sign is limited to directional messages and is intended to convey information regarding the location of specific features of the site or to announce regulations regarding traffic and circulation. - In the commercial district, a maximum of 32 square feet of directory signage is allowed per isolated commercial building, commercial district, or open space access (vehicle or pedestrian) to provide information. A kiosk is a type of directory sign. See the prior page for image of acceptable directory sign. Silverbrook Estates Design Guidelines 20 General Design Guidelines f) In the residential neighborhood, a maximum of 32 square feet of directory signage is allowed to provide information regarding location of streets or other amenities. These shall be erected by the Master Developer and maintained by the POA. Directory signs shall include information regarding locations of streets or businesses. Directory signs shall not be more than 15 feet high (above average grade), including base or support. Monument signs with a low profile — typically wider than tall — shall not be more than eight (8) feet high (above average grade), including base, support, or berm. Monument signs shall not be located within the 100-foot impact area adjacent to US Highway 93. These shall be erected by the Master Developer and maintained by the POA. Street signs: - Street signs shall be erected by the Master Developer and maintained by the POA. - Street signs shall be placed at all intersections and other locations as necessary. - Street signs shall be constructed of durable +, materials. - Poles shall have a minimum height of 6'-6" and be of stone, timber, or rustic metal. - Street sign text shall be a minimum of four inches high and designed to be visible at night. The following signs are not permitted anywhere in the development: • Roof mounted signs, except where integrated into the architectural design of the building • Internally illuminated signs • Neon signs (except for lettered signs only, with letters less than or equal to six inches high). See image of acceptable neon lettered sign below. • Electronic message boards • Reader boards • Billboards and signs off -premises • Pole signs • Banner signs, except those provided by the Master Developer • Balloons or inflated animals • Pennants, streamers, spinners, and revolving signs • Signs which obscure significant views Silverbrook Estates Design Guidelines 21 General Design Guidelines g) The following signs are exempt from the Design Guidelines and do not require a sign permit from the DRC: • Signs required for public notice by Federal, State, or local law, regulation, statute, or ordinance. • Public transportation and utility signs. • Signs erected by authorized governmental agencies, utilities, or contractors to alert and identify construction within the right-of-way. • Holiday decorations and lights, with the following provisions: - The decorations and lights do not promote a commercial enterprise or interest. Such decorations shall not be installed on commercial properties and common amenities prior to 15 calendar days before the related holiday. Such decorations shall be removed from commercial properties and common amenities within 15 calendar days of the related holiday. 4. Li2htin2 a) Reference the City of Kalispell Zoning Ordinance for minimum lighting requirements at Silverbrook Estates. b) All commercial parking lot, street, and roadway lighting shall be designed according to the minimum standards as outlined by the Illuminating Engineering Society (IES), unless otherwise approved by the DRC. This includes meeting minimum average lighting levels as well as uniformity ratios. c) In most cases, parking lots should be a minimum of 0.2 footcandles, and enhanced security parking lot lighting levels should be about 0.5 footcandles. In general, parking lot drive lanes should be 0.3 — 0.4 footcandles of illumination. d) In no case shall the lighting in Silverbrook Estates exceed seven (7) footcandles of illumination, unless otherwise approved by the DRC. e) All commercial final DRC reviews shall be submitted with a lighting plan that has a photometric point -by -point lighting calculation grid showing footcandle levels including maximum footcandles, minimum footcandles, and uniform lighting ratios. f) Night lighting for all projects shall be subdued and harmoniously blended into the natural nocturnal ecosystem. g) Site lighting shall provide safe and enjoyable experiences for pedestrian or community activity at night. h) Site lighting shall be at a pedestrian scale and should help define functional areas of a property. i) Site lighting shall be scaled appropriately for the commercial or residential property on which it is located j) Avoid duplicating fixtures. Do not use two fixtures that light the same area. k) Specifications for all parking lot lighting fixtures within the commercial area shall be available from the DRC. 1) Specifications for all street lighting fixtures within the commercial area shall be available from the DRC. m) Specifications for all street lighting fixtures within the residential area shall be available from the DRC. Silverbrook Estates Design Guidelines 22 General Design Guidelines n) Colored light sources or bulbs shall not be permitted, except for restricted use of neon signs as described above. 5. Outdoor Storage a) All storage on all lots shall be contained within the confines of the building, the garage or approved sheds. 6. Public Art a) The use of public art in pedestrian plazas, open space, and near building entrances is encouraged. b) The proposed installation of any public art in Silverbrook Estates shall be reviewed and approved by the DRC prior to fabrication. c) Consider locations where art may be viewed from pedestrian and vehicular circulation routes. d) Art that is developed as an integral part of the architecture is also encouraged. e) The placement of public art should be coordinated with the development of open space on a lot. B. General Landscape Design All landscape plans must comply with the following mandatory landscape provisions of this chapter and the landscape provisions specific to the land use in which the lot is located (Neighborhood Commercial, Single -Family Residential, and R-4 Residential). These landscaping requirements are essential to providing Silverbrook Estates with an attractive and ecologically balanced environment that provides positive experiences for residents and visitors alike. These requirements provide for the buffering of properties from wind and snow; the screening of parking from residences and pedestrian areas; the preservation and enhancement of land value; the enhancement of entry areas to the development and to individual buildings; the conservation of water and the use of native or naturalized plant species; and the development of enjoyable and pleasant environments for all. Commercial landscape and irrigation plans shall be prepared and certified by either a certified irrigation designer for irrigation projects or a professional designer who is a registered Montana Landscape Architect; an individual with a degree in landscape design and two years of professional design experience; or an individual with a degree in a related field (such as horticulture, botany, plant science) and at least five years of professional design experience. Single-family and R-4 Residential projects may be designed and installed by a landscape designer or contractor. All landscape plans shall contain the name and contact information of the Landscape Architect or designer and be submitted to the DRC for review and approval. In order for the development to quickly establish a permanent and comfortable presence, all front, rear and side landscaping must be installed within the first growing season following the occupancy of the residential and/or commercial structure. Silverbrook Estates Design Guidelines 23 General Design Guidelines 1. General Landscaping a) Tree Preservation • Existing large trees over four inches in caliper and other vegetation on -site shall be preserved and maintained, whenever possible. • Proposed developments shall strive to preserve the maximum number of trees that would maintain a healthy state for at least twenty years after construction. • In wooded areas, the lot developer shall avoid excessive compaction under trees; placing backfill or grading material against existing trees; disturbing or felling trees needlessly; burning slash piles near existing trees, especially those with low branches or very flammable material; and changing grades excessively by means of cut and/or fill. b) Soil Protection • Remove topsoil from area; stockpile and cover for future use. • Incorporate temporary seeding and mulching it to prevent wind erosion during the construction process. • Have replanting/rehabilitation plan implemented within 45 days of substantial construction completion. c) Street Trees • Trees in Open Space, parks, and common areas: - The Master Developer shall plant all street trees within the rights -of -way for all open spaces, parks, and commonly owned areas. The POA will maintain all right-of-way street trees within these areas. • Trees in Commercial Areas: - The Master Developer shall plant street trees in the commercial areas at the rate of one tree per 50 linear feet of street frontage. The POA will maintain these trees. - Trees shall be protected with the specified tree grates. • Trees in Single-family developments: - Single-family developers shall provide street trees in the right-of-way. Such trees shall be planted at the rate of one tree per 50 feet of street frontage that is adjacent to their lot. • Trees in R-4 Residential developments: - R-4 Residential developers shall provide street trees in the right-of-way. Such trees shall be planted at the rate of one tree per 50 feet of street frontage that is adjacent to their lot. • Street trees shall be a minimum of 2 %2" caliper. • Electrical conduit to the tree grate area, tree guards and tree grates shall be provided and installed by the Master Developer, and shall be maintained by the POA. The model and make of these fixtures is regulated by the DRC and shall be provided as indicated in the illustrations that follow on this page. • The Master Developer shall install and the POA shall maintain all street trees within the rights -of -way along Silverbrook Drive. Silverbrook Estates Design Guidelines 24 General Design Guidelines • Approved street tree species, size, and specification shall be provided by DRC upon written request. y^ -���iii� ���r 1 i 4. 1(1 1 /?' STEEL 8AR Sivr-K EE GRATE Tree Grate, Neenah Foundry Company, Tree Guard, Neenah Foundry Boulevard Collection, Model R-8708, Company, Type C, Unpainted 5'-0", Unpainted d) Acceptable Landscape Materials • Plant material palettes shall be simple in nature. • Landscape materials used shall be chosen for their drought tolerance, native and/or naturalized characteristics, and ability to weather the 1B and 2A climate/planting zones associated with the Kalispell area. • No artificial plant material shall be used to satisfy the requirements of landscape materials. • Landscapes shall not include plantings of a noxious weed classification, as determined by the Flathead County Weed Control District, including but not limited to soil or seed mixtures containing Spotted Knapweed, Diffuse Knapweed, Russian Knapweed, Canada Thistle, Field Bindweed, Whitetop, Leafy Spurge, Dalmatian Toadflax, Yellow or Common Toadflax, St. Johnswort, Sulfur Cinquefoil, Common Tansy, Ox-eye Daisy, Houndstongue, Dyers Woad, Purple Loosestrife, Tansy Ragwort, Meadow Hawkweed Complex, Orange hawkweed, Tall Buttercup, Tamarisk (Salt Cedar), Perennial Pepperweed, Yellow Starthistle, Rush Skeletonweed, Eurasian Watermilfoil, Yellow Flag Iris and Common Crupina. • Simple, bold forms in planting areas with massing of a few hardy species are preferred to sporadic and singular plantings of marginal species. Silverbrook Estates Design Guidelines 25 General Design Guidelines • The Landscape Architect/Designer should consult Montana State University Extension Offices for information regarding appropriate plant species, including trees, shrubs, perennials, and grasses.' e) Use plant materials in quantities and sizes that will have a meaningful impact in the early years of the project. f) A natural look may be achieved with the use of non-native species that are deemed to be well suited for the Kalispell area. Ornamental grasses are encouraged to emulate the native Montana prairie grasses. g) Plant Sizes • All plant material installed shall conform to the following minimum size requirements at time of installation. • Required plant sizes: - Large Deciduous Canopy Tree (30'+ mature ht): 2-1/2 inch caliper at the time of planting - Large Coniferous Tree: Eight (8) feet tall B & B - Small Ornamental Tree (12'-25' mature ht): Two-inch caliper - Small Coniferous Tree: Six feet tall B & B - Med-Lg. Deciduous Shrub: Five -gallon container - Med-Lg. Evergreen Shrub: Five -gallon container - Perennial: One gallon container h) Foundation Plantings • Foundation plantings shall be used to screen unsightly foundations and exposed space under porches or in areas where extreme grade changes occur— as in image below. • It is highly desirable to accent the architectural qualities of buildings with attractive and well -designed foundation -style plantings. • Foundation plantings may be mounded and massed to accent the entrances to the buildings in the commercial areas and to create interest at residential properties. i) Native Landscaping • The project developer shall maintain as much "native" landscape as possible. ' If these plant species are not available at local nurseries, the Landscape Architect/Designer may suggest alternative plant materials to the DRC. All plant material shall conform to the American Nursery and Landscape Standard for nursery stock and be free of invasive weeds, be healthy, and disease free. Silverbrook Estates Design Guidelines 26 General Design Guidelines "Native" or naturalized plant materials shall be used in preference to introduced or experimental species. Areas replanted with "native" plant materials shall be planted with similar species and similar plant material sizes. The landscape should revert to "native" plant and construction materials at edges of property, changes in topography, or at outcroppings or edges of ravines. This transition in the landscape, whether with plant materials, rock, or grade change, is essential in creating a more natural environment where the manicured look is not desired. j) Parking Lot Landscaping • Parking lot landscaping does not apply to residential projects. • The minimum width and/or length of any parking lot landscaped island shall be eight (8) feet (measured from back of curb). These landscaped areas within the parking lot shall contain at least one (1) tree and six (6) shrubs and/or groundcover on the ground plane. • All parking lots shall contain at least one (1) large canopy tree for every ten (10) parking spaces within that parking lot. • All parking lots with ten (10) or more parking spaces shall contain no less than 20 square feet of landscape area within the parking lot for every five (5) parking spaces provided on the lot • Planted medians or islands should be automatically irrigated. Irrigation sleeves should be installed prior to paving or per the landscape and paving contractor. • All landscaping near parking lots should not impede snow removal. Use ground cover or trees to minimize conflict with snow removal. • Definitions of plant material sizes are located in Chapter IV, section "g" on "Plant Sizes." k) Irrigation • All landscaped areas, including parking lots, perimeter landscaped treatments, boulevards and right-of-ways, lawn areas, shrubs, and flower beds, shall be watered with a permanent, automatic irrigation system installed by a qualified irrigation contractor. • Irrigation of landscape shall be prohibited from the hours of 11:00 a.m. to 4:00 p.m. • Irrigation systems shall be equipped with a master shut-off valve and a city - approved backflow preventer. • Irrigation systems shall be designed for minimal necessary water output. • The use of drought tolerant or naturalized plant species is highly recommended to reduce dependence on irrigation during the "drought" season in Kalispell. Please refer to the Montana State University Extension Offices for appropriate plant species. • Irrigation shall not endanger the stability of a slope, particularly on Lots adjacent to the Stillwater River and its tributaries. 1) Screening and Buffering Silverbrook Estates Design Guidelines 27 General Design Guidelines • The project developer shall mitigate conflicts between dissimilar land uses. • All plant material used for screening or buffering shall be installed according to the minimum sizes stated in the "Acceptable Landscape Materials," section of this document and shall be planted along the entire perimeter of the parking lot and should have a mature height of four (4) to six (6) feet, within ten (10) years. • All commercial lots adjacent to residential areas or parks or Open Space shall screen that commercial use, especially parking and loading areas, by means of landscape plantings. • Residential developments adjacent to Open Space and along Silverbrook Drive shall screen back yards from trail corridors, hillsides or the street by planting landscape materials that are varied in height and massing in order to provide an attractive transition between the built environment and the natural landscape • Screen parking lots from adjacent properties and streets. • Dense plantings of evergreens can provide a visual buffer between different uses. • Create berming, where applicable, to mitigate unsightly views, lessen noise from streets and drives, channel pedestrian movement, and provide privacy to residential properties. • Provide dense plant material, hedges and/or fences to provide division between land uses and to provide safety between pedestrian and bicycle access between land uses. m) Maintenance, Completion and Warranty • All front, rear and side landscaping shall be completed within the first growing season following occupancy of the building construction. • The project developer shall choose a landscape contractor that will install all landscape elements and warranty all landscaping for at least one year. • The project developer shall repair and incur expenses for any damage to utility lines, resulting from their negligence or the negligence of any of their agents, contractors or employees. • The POA will contract landscape maintenance services for developments within the Neighborhood Commercial areas. • R-4 Residential and single-family project developers shall maintain all landscapes within their property, adjacent rights -of -way, and street trees in a healthy and good condition throughout the growing season. • If fencing or netting is required in the fall to protect against animal damage, it should be installed by October 1 st and removed by May 1 st of every year n) Conflict with Utilities • All landscape plans shall clearly illustrate all existing and proposed utilities and infrastructure, both in plan and legend. • All landscaping and irrigation installation shall begin only after a thorough utility location survey is completed. • All trees, including those planted in the right-of-way, shall be planted at least ten (10) feet from all utility lines or per utility company requirements, whichever is greater. Silverbrook Estates Design Guidelines 28 General Design Guidelines • All plantings and irrigation within utility easements shall begin only after discussing their locations with the appropriate utility providers. o) Open Space • Common Open Space for the entire Silverbrook Estates will be provided by the Master Developer. • Project developers may provide additional open space within their lots, if desired. • Create spaces with distinct identities within projects. • Connect open spaces among large projects by maximizing existing resources or areas, while preserving natural habitat. • Adjacent project developers shall coordinate, if possible, the planning and design of open spaces that might be shared by both. • Open space can be active or passive. • Lawns, gardens, eating courts and decks, porches, balconies and plazas function as usable open space. • Locate open space in areas that receive sun. • Undeveloped land that remains after construction of the building and parking is not considered functional open space. Open space must be considerately and deliberately designed and developed to be functional and pleasing. p) Stillwater River Hillside Landscaping • Plant materials shall blend with the hillside and transition back to native species. • Do not locate activities adjacent to the river hillside areas that would disrupt the character of these areas. • Maintain a natural edge to the areas adjacent to the river and its natural tributary. • Provide limited points of access to trails or pathways along the river. • Utilize landscaping features to provide natural buffers or screens between development and the hillside. • Hillside landscaping should be natural and subdued in character. • Use native or naturalized plant species that require little or no irrigation. • Preserve existing plant materials by limiting development, compaction and disturbance in these areas. • Decks, other built structures and activity areas should be set back from the hillside. • Provide a buffer zone, or passive space, between activity on private property and the hillside or adjacent open space. 2. Site Grading and Stormwater Management a) Grading is designed for the following functional and aesthetic reasons: • To ensure adequate surface water runoff away from structures and critical areas. • To create suitable building conditions for utilities, structures, roads, parking, walkways, and recreation areas. • To create usable and maintainable surface slopes. • To create earthen berms for the control of wind and noise. • To help preserve existing vegetation. Silverbrook Estates Design Guidelines 29 General Design Guidelines • To create desired views and screen negative views. • To create variety and interest within the site. b) Surface Drainage • All lots within Silverbrook Estates shall discharge excessive stormwater into the streets or ditches. All Owners are responsible for constructing adequate, effective drainage in connection with any construction on its lot. • All grading and drainage shall provide for the adequate removal of water from around buildings and structures and from walkways and paths. • Surface drainage shall not be directed onto adjacent properties, whether public or private. • Ensure that pedestrian areas are free of ice buildup, which could create hazardous situations. • Drainage systems, swales, or ditches shall transport water and also serve as site amenities. Incorporate rock, native plantings and other treatments to accomplish this. • The roadside or roadway drains and ditches have been designed to transport stormwater to the detention ponds at the southwest portion of Silverbrook Estates. • Provide for non -erosive drainage at the tops and bottoms of slopes. • At their terminus, swales should either spread the channelized water to make it sheet drain or empty the water into a ditch, stream, or underground drainage system. c) Grading for Emphasis • Site grading shall emphasize site topography or add interest to an otherwise flat site. Each Lot Owner is responsible for its own grading to ensure adequate drainage, erosion control and to avoid adversely impacting other Lots. • Minimize excessive cut and fill. • Orient buildings along existing contours when possible and as required to promote sustainable practices. • Use earthen berms, rock forms or stone retaining walls to minimize visual impacts of grade change. Use native stone or rock for the construction of these. The height of retaining walls shall not exceed four (4) feet. • Maximum slopes of 3:1 are preferred for stability, maintenance and usability. • Grade the tops of banks to be smoothly convex and the toes smoothly concave. • Grade the slopes to blend in with the surrounding landscape. • Buildings can be placed in the landscape and the perimeter graded to lessen the impacts of massive buildings. By doing this, the amount of exposed structures Silverbrook Estates Design Guidelines 30 General Design Guidelines will be lessened and the building placement will be more sensitively integrated into the landscape. d) Erosion Control • Reduce runoff during the construction process and afterwards by using site - grading techniques that effectively limit the size, shape, length, and gradient of slopes and channels, thereby reducing the volume and velocity of runoff. • Avoid excessive cuts or fills • Pay close attention to surface and subsurface drainage characteristics. • Extending the length of the slope reduces gradients. This uses more land but it reduces the amount of erosion and the potential slumping of hillsides. Used singly or in combination, diversion swales, ditches, and dikes can intercept and divert runoff from the face of a slope. e) Road and Building Placement • Roads and buildings shall be placed on a site with respect to the natural topography. • All projects shall maintain and reinforce the natural character of the landforms of Silverbrook Estates. • Buildings that cut into slopes are encouraged where they can help minimize the perceived mass and scale. • Step buildings down at hillside edges in order to minimize visual impacts and reduce the apparent height. • Avoid placing tall buildings at high points on the site or in other highly visible areas. C. General Architecture and Structure Design The guidelines identified below apply to both residential and commercial construction in Silverbrook Estates. Additional guidelines follow, to be applied specifically and solely to residential projects, and to commercial projects. Many of these design aspects are interrelated and cannot be treated separately. Integrated design is encouraged, including an understanding of how the interior and exterior spaces relate to each other, to the site, and to neighboring sites. 1. Desi2n Compatibility with Variety Design compatibility and variety are encouraged in an effort to allow for individual expression and to avoid monotony, while enhancing connectivity and interaction. Each building will contribute to a common design vocabulary that's present throughout the development. Standard methods to accomplish these goals are as follows: Silverbrook Estates Design Guidelines 31 General Design Guidelines a) Buildings shall be constructed of similar materials and employ variation in massing. b) Building design variations shall demonstrate evolution of design by incremental change, as opposed to abrupt change. c) Buildings shall reflect the surrounding agrarian setting and the present time without intruding upon the land. d) Buildings shall relate to adjacent units. e) Building design shall not be a false representation of a historical style, such as: • Spanish Revival • French Chateau • Italianate or Italian Renaissance This guideline is not intended to be restrictive, but to be simultaneously liberating and inspirational. The farmland surroundings do not lend themselves to these historical styles; such buildings would stand out as foreign in this new extension of this existing agrarian neighborhood. 2. Site Diammmin2 a) Orient building on a primarily east -west axis when applicable to promote solar gains and cross ventilation benefits. b) Site building to preserve and enhance views for neighboring sites. c) Arrange deciduous trees to provide shade in the summer and allow light exposure in winter. d) Minimize impervious surfaces by substituting open pavers and open decking for concrete or asphalt walkways, patios, and decking. 3. Building Massing and Scale - Bowing to Nature a) Structures should be placed on the site so as not to compete with or overcome the beauty of the natural surroundings. Integration is the key feature of the architecture. The building needs to belong to that space and to supplement it (not supplant it). b) Components placed directly amongst the Silverbrook Estates Design Guidelines 32 General Design Guidelines preserved nature areas shall be composed of natural materials. c) The building's masses shall be separated into an integrated complex of components of various shape and sizes. This will ease the transitions from interior to exterior spaces and lessen the building's impact upon the site and natural surroundings. d) A hierarchy of massing should ease the transition to the pedestrian and downplay garages. e) Setbacks and increased articulation of building form are encouraged. f) Design elements such as porches, balconies, and recessed entries (subtractive and additive forms) shall be integrated into the massing as a means of providing human scale while enhancing the sense of entry. g) All four elevations and the roofs of a building are to be considered in developing a design, which engages and responds to the site. Views from US Highway 93 and Church Drive shall be considered in developing the massing of the building. 4. Roof Shapes a) Diversity of roof form and slope shall be encouraged. b) No more than 25% of a building's roof area shall be comprised of a flat roof, except where concealed with decking, parapets, or other architectural features. 5. Structural Expression Expression of the structural components of the building or structure is encouraged through the use of the following: a) Exposed rafter tails b) Open eaves c) Exposed detailing 6. Sustainability a) The buildings in Silverbrook ' I Estates shall be designed in accordance with accepted minimal sustainability principles as outlined in the Sustainability Checklist below. Organizations such as the U.S. Green Building Council and their LEED (Leadership in Environmental & Energy Design) program should be used as a reference during design. Many design components associated with sustainability contribute to attractive and innovative architecture. Many of these features have been in common practice for years; while some are resurrections of past building practices that have survived the scrutiny of time. b) Both commercial and residential building owners and developers are encouraged to explore the availability of financial grants and incentives. Several organizations and government agencies have supported sustainable practices in the past and should be contacted for information about current programs. The following list includes, but is not limited to, some applicable entities that provide financial and technical support: Silverbrook Estates Design Guidelines 33 General Design Guidelines • Montana Department of Environmental Quality • ETC • State of Montana • Northwestern Energy c) Glazing: All glazing shall be of low-e glass. d) Ductwork • All ductwork shall be sealed and tested for tightness and proper installation. • All ductwork sealant shall have a low-VOC content. e) Insulation: • All insulation must be formaldehyde -free. • All spray insulation shall be HCFC-free. • Exterior walls shall have a minimum R-value of 19. • Roofs shall have a minimum R-value of 38. Silverbrook Estates Design Guidelines 34 General Design Guidelines The Neighborhood Commercial is the "downtown heart" of Silverbrook Estates. It is focused in the northeast corner of Silverbrook Estates. Silverbrook Estates will be a high quality, unified environment evoking a unique, agricultural community image. "Contemporary Agrarian Architecture" is the theme guiding this vision of regional history integrated into the modern era. This will be accomplished by using materials and forms present in the surrounding farm buildings while incorporating current design trends. This will make Silverbrook Estates a recognizable and familiar -appearing focal point in the Kalispell area for all residents and visitors. The unique and individual designs of each building will creatively integrate a collection of common architectural features and elements. This will ensure quality and consistency within the Neighborhood Commercial that translates into a rich, identifiable community. The neighborhood commercial district will be a diverse environment with business, entertainment, and retail components that share a common design character worthy of a community core. The Neighborhood Commercial area, as illustrated on the following page, displays how this area relates to surrounding properties and amenities within Silverbrook Estates. The Design Guidelines set forth in this subsection will govern the review and approval by the DRC. Any drawings accompanying guidelines are illustrative only and are intended to provide direction and interpretation of the related guideline. In addition to the guidelines described here, the following documents apply to all developments in the Neighborhood Commercial areas: a) City of Kalispell Zoning Ordinance b) Declaration of Covenants, Conditions, Restrictions, and Reservations for Silverbrook Estates, as amended Silverbrook Estates Design Guidelines 35 Neighborhood Commercial Design Guidelines ti4a1-1hOdifKA t'oninwrtiial a 23 and Chmrdh4 UC ilverbrook Estates ■Neighborhood Commercial■ W- 4L*,:r Z. 2006 KalisTwiL ;4 onlarm Silverbrook Estates Design Guidelines xQarH 9 25V 5w 709V 36 Neighborhood Commercial Design Guidelines A. Neighborhood Commercial Site Design 2. Setbacks/Buildin2 Envelope a) Structures shall have the following setbacks: • Front Yard: Five (5) feet • Side Yard: Ten (10) feet • Rear yard: Five (5) feet. b) Parking is not permitted within the front yard of any Neighborhood Commercial lot. c) These setbacks are intended to create a continuous street -front facade along the streetscape. 3. Outdoor Seating a) All benches within Silverbrook Estates commercial area lots shall be installed by the project developer and chosen from pre -established furniture selections, as provided by the DRC. Examples of these benches are provided on within this document. b) Project developers are encouraged to provide additional seating near entrances and eating areas. c) Installation of outdoor seating shall be coordinated with construction throughout the commercial neighborhood in order to prevent damage to adjacent site furnishings. 4. Sims Signs provide a strong visual connection with the community, and provide information about the activities in the development. Signs should engage and complement the design of the building and overall district. Wall -mounted signage integrated into the overall building design is preferred over free standing signage. The signage guidelines allow for signs that reflect the quality of Silverbrook Estates and complement the rural Kalispell farmland surrounding it. Signs on the commercial properties shall be used to identify businesses in a tasteful manner, as well as to assist traffic (pedestrian and vehicular) through the commercial district. The guidelines stated below are in addition to those provided in the General Design Guidelines. a) Applicants shall submit a signage plan for review by the DRC, as described in the General Design Guidelines. b) The Kalispell Zoning Ordinance sign regulations shall be supplanted in its entirety by the Signage Guidelines provided below (however, any signage must also comply with the Kalispell Zoning Ordinance sign regulations). c) Materials and Design: • See General Design Guidelines • Signage shall be integrated into the building design and not be the primary focus of the facade. Silverbrook Estates Design Guidelines 37 Neighborhood Commercial Design Guidelines d) Sign illumination: Reference lighting guidelines. e) The following signs are permitted: • Freestanding signs, with the following provisions: - Freestanding signs can only identify the building or business. - Only one sign can be provided per 30 linear feet of storefront. - When a storefront exceeds 500 feet, two signs are permitted. - Corner lot frontage buildings may have one sign per frontage, provided that the setback of each sign is equal to the building setback. - Signs can be two-sided or single -faced. - The sign shall have no more than 15 square feet per side (excluding base or support). - The top of the sign, including base or support, shall be no more than 42 inches above grade. - Signs shall be constructed of materials similar to those on the building exterior (see exception for sandwich board signs). - For buildings with multiple tenants, one freestanding sign may be used for all the tenants, provided that each message is legible. - Signs shall not obscure the line -of- sight for vehicles or pedestrians. _ I - Signs shall not be erected or extend over any public right-of-way. - Sandwich board signs are allowed if they comply with the above °� Gatl�=: provisions (although of light- weight, portable materials) and are displayed only during the store's open hours. Signs cannot be placed in easements of any kind. • Window signs, with the following provisions: - Permanent window signs may be mounted or hung on the inside face of the storefront. - Window signs shall cover no more than 20% of the window surface. Silverbrook Estates Design Guidelines 38 Neighborhood Commercial Design Guidelines Wall signs, with the following provisions: - Exterior -mounted wall signs shall not extend more than four inches beyond the face of the building. - Wall signs shall not be more than 32 square feet in area. - Wall signs may not project above the top of the wall or parapet; they may be incorporated into the wall or parapet design. Projecting signs, with the following provisions: - Projecting signs shall be mounted at a right angle to the building face. - Signs shall project at least four inches from the building wall and extend no more than three (3) feet from the wall. - The bottom of a projecting sign shall be at least eight (8) feet above the sidewalk/grade. - Projecting signs shall be no more than 15 square feet in area. - Only one projecting sign shall be allowed for each business in a building. - Hanging signs are allowed within the above parameters; they shall be securely fastened at two sides/ends. Canopy signs, with the following provisions: - A canopy sign shall not project above or beyond the canopy to which it is mounted. - The bottom of the canopy sign shall be at least eight (8) feet above the sidewalk/grade. f) The following signs are required for all commercial properties within Silverbrook Estates: Address signs, with the following provisions: - Address signs shall have four -inch tall numbers in a legible typeface, designed to be visible at night. Silverbrook Estates Design Guidelines 39 Neighborhood Commercial Design Guidelines - Address signs shall be no larger than two square feet. - Address signs shall include the street number, and may include the street name and store name as well. - All storefronts shall have an address identification sign incorporated into, or permanently fastened to, the building wall facing the street. - Address information may be incorporated into the overall building signage. g) General sign provisions: • Each storefront elevation is allowed no more than two sign types designated above (exclusive of the required address sign). • Each side elevation visible from Highway 93 and Church Drive is allowed one sign type designated above. • If illumination is provided for an exterior wall - mounted sign, it shall be mounted above the sign, directed onto the sign surface only, and be in accordance with the lighting requirements of these Design Guidelines. 5. Transportation and Circulation a) All parking lots or parking areas shall be designed and installed according to the City of Kalispell Zoning Ordinance. b) These requirements are available on-line or at the Kalispell Planning Department. c) The ground plane of all buildings shall be developed to encourage pedestrian activity and interaction. d) Provide clear pathways between and around buildings, uninterrupted by parking areas and roads, to encourage pedestrian activity. e) Provide obvious entries to community trail networks with signage and clear connections to all trails. 6. Grading and Drainage a) All lots within Silverbrook shall discharge excessive stormwater into the streets or roadways. Each Lot Owner is responsible for its own grading to ensure adequate drainage, erosion control, and to avoid adversely impacting other Lots. b) Surface drainage shall not be directed onto adjacent properties. c) The drains and ditches have been designed to transport stormwater to the detention ponds at the southwest portion of Silverbrook Estates. 7. Utilities a) All utilities shall be located underground or behind screened areas. b) Each lot owner shall assume the burden and expense of supplying electricity, telephone, cable facilities, water service, sewers, or other utilities for the lot's use. Silverbrook Estates Design Guidelines 40 Neighborhood Commercial Design Guidelines c) The Master Developer will install, and the POA will maintain, utility service to the Lot or to points in close proximity to the Lots. The Lot Owner shall pay the costs associated with connecting utilities. d) The project developer will install the water and sewer lines up to the building. 8. Service Areas a) Loading docks and service entrances shall be located within rear or side yards only. b) Loading docks and service entrances should be screened from adjacent residential land uses. 9. Outdoor Storage a) Storage shall be contained within buildings. b) Outdoor storage, whether uncovered, in sheds or other structures, is prohibited. c) Loading docks and service entrances should be screened from adjacent residential land uses. B. Neighborhood Commercial Landscape Design 1. Parking Lot Landscaping The parking lots for all Neighborhood Commercial areas shall be landscaped according to Chapter IV of this document. 2. Appropriate Plantings a) Building lots within the Neighborhood Commercial will not be required to install landscaping as specified in Chapter IV of this document. However appropriately placed foundation plantings are strongly encouraged. b) All Commercial buildings shall have seasonal plantings, pots or hanging baskets provided near storefronts c) Choose hearty and drought tolerant annuals or perennials for seasonal plantings. d) These seasonal plantings will bring color and variety to the streetscape and create pleasant pedestrian experiences. C. Neighborhood Commercial Building Design The guidelines which follow are in addition to the General Building Guidelines. The guidelines are intended to facilitate designs which adapt well to the overall vision of Silverbrook Estates, while encouraging designs which uniquely reflect the user and designer, and promote the marketing goals of the commercial enterprise. Silverbrook Estates Design Guidelines 41 Neighborhood Commercial Design Guidelines The Silverbrook Estates commercial area is to convey the appearance and ambience of a village main street that reflects quality and permanence, and promotes slow-paced, pedestrian -friendly activity. The image to the right illustrates an acceptable commercial development. The appearance of a modern, hard -edged strip mall shall be avoided. Commercial building construction documents shall be prepared and certified by a professionally trained Architect licensed in the State of Montana. Structural drawings shall be prepared and certified by a Structural Engineer licensed in the State of Montana. All plans shall contain the name and contact information of the Architect and Structural Engineer when applicable. 3. Maximum Building Height The maximum allowable building height is 35 feet as measured from the lowest adjacent grade to the highest point of the roof or parapet wall. 4. Massing In addition to the General Building Guidelines, the following massing guidelines apply: a) Commercial storefronts shall be scaled to the pedestrian, with a variety of ways to engage activity on the street and sidewalk, such as: • Recessed bays • Protruding or recessed entries as shown in above image. Silverbrook Estates Design Guidelines 42 Neighborhood Commercial Design Guidelines • Awnings, entry roofing, and trellises. See image to the right of acceptable awnings. • Projecting elements, integrated into the building design, such as dormers and cornices which provide visual interest. • Building footprints shall be scaled down to relate to the buildings surrounding the commercial district. The goal is to create the appearance of a mix of small specialty stores. • Variation in roof form among the adjacent buildings is encouraged. This adds visual interest to the streetscape and individuality to each commercial enterprise. 5. Windows, Entry Doors, & Storefronts a) Storefronts should be inviting to the pedestrian by providing views to the interior of the store and displays at the ground floor. This is the most effective means of advertising. Variety in detail, shape, color, and material fosters interaction between the passersby and the shop clerks. Individualized facades should contribute to the harmonized whole of the engaging street front. b) The following guidelines apply: • Windows and storefronts shall incorporate a wide expanse of glazing to provide full views into the commercial establishment. • Corner storefronts shall extend at least three feet onto the side elevation, as seen in the image to the right. • Storefronts should be inviting and engaging. • The side and rear entrances shall be - secondary to the front entrance. • There shall be signage and lighting at ground level. • Residential small-scale windows shall not be permitted. • Unarticulated, flat, and undistinguished walls shall not be permitted. c) Doors: • Doors shall have a minimum of 50% glazing. • Transom, sidelites, and adjacent windows are encouraged. • Double or multiple doors shall be encouraged to allow for easier access. • Doors shall not have reflective, obscured, or tinted (other than bronze- or smoke - tinted) glazing. d) Covered Areas: • Entries shall be covered or recessed. Silverbrook Estates Design Guidelines 43 Neighborhood Commercial Design Guidelines Covered pedestrian areas shall be consistent with, and appropriately sized for, the architectural expression of the building. The following shall be permitted: - Flat metal canopies as shown in the image below. - Fixed or retractable awnings - Awnings shall be of durable, commercial -grade materials. - Awning shall be an integral component of the building. e) The following shall not be permitted: • Vinyl or synthetic awnings. • Backlit awnings. • Sloped, impermeable canopies or awnings that could direct snow run-off onto the sidewalk or street. 6. Exterior Materials The exterior materials of a building represent more than a skin applied to a shell — they represent the building construction method, the nature of the material itself, and contribute to the overall design and energy efficiency of the building. Exterior materials should be used in a manner that is in accord with their natural properties; while concealed improvements in energy efficiency are encouraged. Integrity of each material should be emphasized in its application, and convey the true construction process. Materials applied as an "applique" shall not be permitted. a) The following guidelines apply: • Vertical design features such as columns or piers, or a changes in plane, shall be used to distinguish between different businesses and to avoid large plain masses. • Buildings shall be constructed of durable materials. • Energy efficiency and sustainable practices shall be considered during the design process. • The side (where visible) and rear facades should continue the architectural components and expression of the front facade. • Synthetic materials that attempt to simulate the appearance of natural materials shall not be permitted unless detailed to emulate the natural material. • Where there are changes in material, they shall occur at changes in plane. This practice contributes to a more substantial and integral appearance. • Masonry shall only be installed in bond patterns that imply non -veneer, solid masonry construction. • Colors of primary components shall be muted and of low gloss. Primary components include wall cladding, roofing, and exposed structure. • Colors of accent components can be more dynamic and of higher gloss. Accent components include trim, windows, and detailing. Silverbrook Estates Design Guidelines 44 Neighborhood Commercial Design Guidelines b) Walls: The materials noted below apply to cladding and trim components: The following wall surface materials shall be permitted: - Corrugated metal or sheet metal. - Poured concrete. - Stone and cast stone: s�o` rR M A K K 1- Rubble or square -cut ashlar is acceptable. Local stone types shall be given preference. — Maximum unit face IDTECtElnrr� wear ° size shall be two feet by two feet, with maximum surface projection (within unit) of one inch. Image to the right illustrates acceptable storefront treatment. - Split -face and ground -face concrete block. - Brick of standard modular units. - Cementitious panels. - Stucco. - Steel used as an honest expression of support, such as for support braces and for trellises. The following wall surface materials shall not be permitted: - Vinyl, steel, and aluminum siding. - EIFS (Exterior Insulation and Finish Systems like Dryvit Systems, Inc.). - T- I I I wood siding. - Jumbo brick (brick that is larger than standard modular brick, such as brick that is four inches high, four to eight inches thick, and twelve inches long) - Utilitarian, unfinished concrete block. c) Roofs: Roof shapes and materials have a primary visual impact on the appearance of a building. Roof design should be treated as an integral component (essentially the fifth elevation) of a building. Overbearing, uninterrupted rooflines shall be avoided. Many of the rooftops at Silverbrook Estates are visible from the intersection of Highway 93 and Church Drive. This should be factored into the rooftop design. In addition, roof design should account for snow load, ice buildup, and run-off particularly at the pedestrian interfaces. The following roofing materials shall be permitted: • Standing seam metal roofing. • Flat seam metal roofing. • Slate roofing. • Flat rubber roofing can be used if it is concealed by a parapet. • Photovoltaic integrated roofing systems. The following roofing materials shall not be permitted: • Exposed fastener metal roofs. • Asphalt shingles. • Metal shingles. • Clay tile. Silverbrook Estates Design Guidelines 45 Neighborhood Commercial Design Guidelines The Single -Family Residential areas within Silverbrook Estates are intended to be a unified community of homes expressing individuality. The architectural character of these homes should reflect the western agricultural vernacular indicative of the Montana landscape. The intent with the Single -Family Residential areas is also to provide a diverse housing market for local and second homebuyer market. These Single -Family Residential areas are located within walking distance of commercial amenities and plentiful open space. The following page illustrates the residential areas within Silverbrook Estates where single- family residences may be built. The shaded area shows a general residential area that will allow for future planning of single-family residential areas to meet future trends in this market of real estate. The Design Guidelines in this subsection will govern the review and approval by the DRC. Any drawings accompanying guidelines are illustrative only, and are intended to provide direction and interpretation of the related guideline. In addition to the guidelines described here, the following documents apply to all developments in the Single -Family Residential areas: a) City of Kalispell Zoning Ordinance b) Declaration of Covenants, Conditions, Restrictions and Reservations, as amended Silverbrook Estates Design Guidelines 46 Single -Family Residential Design Guidelines L.<Ind Single Family Riniil viol ilverbrook Estates * a Single, Fani1Iv Residential ■ Octicta 2, 2006 N(7Yt17d 93 and Chute. LIC KaWgxt MonUm Silverbrook Estates Design Guidelines 47 Single -Family Residential Design Guidelines Single -Family Residential Site Design 2. Building Setbacks/Buildin2 Envelope a) The setbacks for all single-family residential developments shall be as follows: • Front Yard: 25 feet Side Yard: Ten (10) feet Side Corner yard: 25 feet Rear Yard: 20 feet b) Setbacks shall be measured from the property line to the furthest projecting part of the structure. c) Hot tubs and other areas of active use and noise may be located outside of the above side and rear yard setbacks, as long as adequate screening is provided, unless it is along the Stillwater River hillside and its tributary. d) All buildings or structures shall be placed within the required setbacks as outlined above. e) Equipment and RV's are not permitted to be parked on roads, nor shall any equipment be parked such that it is visible from the streets or adjacent lots for a period exceeding seven (7) days in any 30-day period. Storage or location of such equipment and vehicles, in excess of the requirements of this section, shall occur in an enclosed garage or other screened area with such garage or screen having been pre -approved in writing by the DRC. f) The principal structure on the site shall be the dominant element. All accessory structures shall be subordinate in size, features and form to the principal structure. g) Building massing and scale should be responsive to the site, including views, visibility of site and existing vegetation. h) All lots located adjacent to the Stillwater River shall submit a site -specific geotechnical report to the DRC during the final review application process. i) Dog kennels must be screened from view of adjacent lots. j) Buildings should be sited and landscaped so as to minimize the impact on neighboring lots, especially visual impacts. k) The "General Geotechnical Report for the Stillwater River Development" may be acquired from the DRC. 1) Minimum special setbacks: A minimum setback of 100 feet is required for all buildings adjacent to the declared wetlands and 50 feet to all other declared waterways. m) The DRC will enforce additional setbacks, where applicable, including but not limited to the following: • Tree masses • Native vegetation transition zones • Topography • Drainage • View corridors • Roads and paths • Utility easements Silverbrook Estates Design Guidelines 48 Single -Family Residential Design Guidelines 3. Signs Signs provide a strong visual connection with the community, and provide information about the development. Signs should complement the design of the neighborhood. The signage guidelines allow for signs that reflect the quality of Silverbrook Estates and that complement the rural Kalispell farmland surrounding it. Signs in the residential areas are intended to be limited in extent and size, so as not to detract from the overall agrarian ambience. The Master Developer shall provide Subdivision Entry and Street Identification signs, to be maintained by the POA. There shall be no official review of designs for signs to be located within single-family lots. The DRC reserves the right to enter onto a property or lot to inspect for compliance with the Signage Guidelines. The POA shall monitor sign usage, however, and require removal of non -complying signs. a) Since the signs associated with single-family residences are limited in scope and application, the material and design options are limited to the following: • Signs shall be constructed of high quality, durable materials such as stone, metal, and wood. • Painted surfaces shall be minimal and well maintained for the duration of the sign. • Colors shall be muted and complement the building design. Bright colors may be used only for accent features. • Sign illumination: Reference lighting guidelines. b) Allowable Signs: Only the signs identified below are allowable on individual lots. These provisions are exclusive of street identification signs as described in the General Design Guidelines. c) Address signs are required for all residential property within Silverbrook Estates, and shall comply with the following: • Address signs shall have four -inch tall numbers in a legible typeface, designed to be visible at night. • Such signs shall be no larger than two square feet in area, and shall not be mounted on a base. Silverbrook Estates Design Guidelines 49 Single -Family Residential Design Guidelines • Address signs shall include the street number, and may include the street name as well. • An address identification sign may be incorporated into the street fagade of the residence. • Such signs may not incorporate identification of a home business. • Campaign and election signs, with the following provisions: - Campaign and election signs shall be located on private property. - Such signs shall not be larger than six square feet. - Such signs shall not be installed prior to 15 calendar days before an election. - Such signs shall be removed within 15 calendar days of an election. • Portable yard signs, with the following provisions: - Portable yard signs can be used to show the property is for sale and for events such as open houses and garage sales. - "For Rent" signs are not allowed. - Portable yard signs can be no more than six square feet in area. - Yard signs, except "For Sale" signs, may not be in place for more than three calendar days. - The yard sign must be located within the property boundary where the event is occurring. 4. Driveways and Parking a) All required parking shall be within the lot boundary, shall not encroach on public or private right of ways, and shall comply with city parking ordinances. b) The length of a driveway is 25 feet minimum between the building face and the building side of the sidewalk. c) Access drives, driveways, and parking surfaces may be constructed of modular pavers, asphalt or concrete. 5. Grading and Drainage a) All lots within Silverbrook Estates shall discharge excessive stormwater into the streets. Each Lot Owner is responsible for its own grading to ensure adequate draining, erosion ontrol and to avoid adversely impacting other Lots. b) Surface drainage shall not be directed onto adjacent properties. c) The drains and grassy swales have been designed to transport stormwater to the detention ponds at Silverbrook Estates. 6. Utilities a) All utilities shall be located underground or behind screened areas. b) All electrical conduits for right-of-way landscaping, lighting and signage shall be provided and installed by the project developer. c) Each Lot Owner shall assume the burden and expense of supplying electricity, telephone, cable facilities, water service, sewers, or other utilities for the lot's use. Silverbrook Estates Design Guidelines 50 Single -Family Residential Design Guidelines d) The Master Developer or its designated representative will install, and POA will maintain, utility services to the Lots or to points in close proximity to the Lots. e) The lot owner shall pay all costs of connecting utilities. 7. Fences a) Fencing within the single-family areas shall be designed and constructed as required in Chapter IV of this document, "General Design Guidelines." b) It is understood that security and privacy are a primary and necessary component of home ownership. The guidelines are intended to support the need for privacy without negatively impacting the overall sense of shared community and neighborhood companionship. 8. Trash Containers a) All single-family residences shall provide individual trash containers that meet local collection standards. b) Portable or individual trash containers should be stored in a shed or in the garage. 9. Swimming Pools, Hot Tubs and Tennis Courts a) Tennis courts are not permitted in single-family areas. b) Swimming pools are permitted in single-family areas with the consent of the DRC. All swimming pools must be fully enclosed by adequate fencing approved by the DRC. Above ground pools are not allowed. c) Single-family lots may have one hot tub per lot, located at the rear of the building. d) Hot tubs shall be constructed according to industry or manufacturer standards as well as International Building Code. e) Hot tubs may be in -ground or above ground. If hot tubs are above ground, all necessary mechanical equipment and support structures shall be screened from view of adjacent properties. 10. Recreational Equipment a) Recreational equipment shall be setback from the rear and side property lines at least ten (10) feet. b) Any lots with play or recreational equipment in the rear yard shall screen this use from adjacent properties by means of landscape plantings that are at least six (6) feet in height. c) Individual homeowners within the single-family development may install or construct freestanding or anchored play equipment in the rear yards on their property. 11. Firewood a) Residences in single-family areas shall store firewood on the individual lots. Silverbrook Estates Design Guidelines 51 Single -Family Residential Design Guidelines b) Firewood storage areas shall be constructed or situated taking into consideration local governing fire code or restrictions. c) Brightly colored tarps shall not be used to cover firewood. d) The Kalispell Fire Department may be contacted regarding local fire codes or restrictions. e) All firewood storage areas shall be concealed from adjacent properties or land uses by means of an enclosure or landscape plantings. 12. Dog Kennels a) Dog kennels shall not be located in the front yard of any residential lot. b) All dog kennels or dog runs are subject to the review and approval of DRC. c) Dog kennels should be constructed of durable materials, such as heavy gage steel with wire grid. d) Chainlink dog kennels shall not be permitted. e) Kennels should be placed in an inconspicuous area away from the direct view of adjacent lots and primary roads. i) Screening is required for all dog kennels. B. Single -Family Residential Landscape Design 1. Lot Landscaping a) All single-family lots shall install and maintain at least 20% of the lot as landscaped (either native or ornamental) area. b) All single-family lots shall have at least two large deciduous trees planted on the property. c) All single-family lots shall have at least two large coniferous trees planted on the property. d) (Definitions of plant material sizes are located in Chapter IV, section on "Plant Sizes.") e) Use foundation plantings to conceal foundations, mechanical equipment, play equipment, firewood storage or other undesirable views onto the property. f) Respect views from neighboring lots. g) Be aware that fruit -bearing trees may attract wildlife in the fall and that these animals may damage these trees. Fruit -bearing trees should not be planted near walkways or trail corridors due to dropping debris. h) Street tree spacing may be adjusted by the POA at the time of installation to respond to driveway locations. Individual lot owners may plant trees after construction is finished. i) Fences and privacy berms are strongly discouraged. Vegetative hedges are preferred. j) If used, berms should be contoured to look as natural as possible and they should be planted. 2. Lawn Areas Silverbrook Estates Design Guidelines 52 Single -Family Residential Design Guidelines a) Lawn areas shall be mowed to maintain attractive leaf blade lengths throughout the growing season. b) Lawns should be watered adequately to prevent sun scorching or dying off of large expanses of grass. c) Irrigation of lawns should be adjusted to maintain a healthy lawn and conserve water. 3. Irrigation a) All residential lots within Silverbrook Estates shall be irrigated with an automatic irrigation system. b) Landscape designs shall take into consideration conservation of water during irrigation and design systems to use water as efficiently as possible. 4. Maintenance of Landscaping a) Landscaped areas shall be maintained in a good condition throughout the year. b) If fencing or netting is required in the fall to protect against animal damage, it should be installed on October 1st and removed on May 1st of every year. 5. Foundation Plantings a) Foundation plantings are required in order to conceal foundations, mechanical equipment, play equipment, firewood storage or other undesirable views onto the property. C. Single -Family Residential Building Design The guidelines which follow are in addition to the General Building Guidelines discussed above. The guidelines are intended to facilitate design which adapts well to the overall vision of Silverbrook Estates while encouraging designs which uniquely reflect the user and designer. 1. Minimum Floor Areas a) Each single-family residence in Silverbrook Estates shall comply with the following: Minimum Floor Area. The ground floor area of any single family residence located east of Silverbrook Drive shall not be less than 1200 square feet of living space. The ground floor area of any single family residence located west of Silverbrook Drive shall not be less than 2000 square feet of living space. These square footages are exclusive of exterior parking spaces and decks. Silverbrook Estates Design Guidelines 53 Single -Family Residential Design Guidelines - Maximum Lot Coverage: The maximum allowable coverage of any Lot by any built surface (driveway, garage, primary residence, auxiliary structure, decking, etc.) shall be no greater than 35% of the Lot including setbacks. Maximum Building Height: - The maximum allowable building height is 35 feet, measured from the lowest adjacent grade level to the highest point of the roof or parapet wall. - Where the building is complex and has multiple heights, the grade level shall be determined to be the average of the highest and lowest finished grade (the final elevation of the surface material, such as soil or paving, adjacent to the building). - Chimneys and other roof penetrations may exceed the given height limits by no more than four feet. 2. Pre -Fabricated Architectural Components Manufactured homes, as defined by the Kalispell Zoning Ordinance are not permitted at Silverbrook Estates. Pre -fabricated architectural components are permitted, provided that they are of high -quality materials, detailing, and finishes. They must comply with the Kalispell Zoning Ordinance and all the Design Guidelines stated herein. 3. Porches/Decks/Terraces Front porches are encouraged, as they stimulate neighborhood interaction while providing a safe transition zone between the private residence and the outside world. Porches also contribute to variation in the building mass and provide a welcoming entry to the home. a) b) c) d) e) Front porches shall be sufficiently sized to accommodate seating. In most cases, porches should be at least seven feet in depth to allow adequate room for furniture. Front porches shall have full roof coverage, to provide protection from the elements and for more direct incorporation / association with the house. Front porches shall have railings. Front porches should be open (i.e. not enclosed with wood, glass, or other materials). Porches may be screened if the support is visually minimized and the screening is placed behind the columns or railings. Rear porches, decks, and terraces are permitted. They can provide a natural transition from the home to the site. These are typically considered to belong more to Silverbrook Estates Design Guidelines 54 Single -Family Residential Design Guidelines the private zone of the dwelling and are often less formal and more utilitarian than front porches. a) Rear decks are not required to have roof coverage. b) Rear decks and porches shall have railings as required by code. 4. Balconies Balconies create an extension of the living space and a comfortable connection to the outdoors. Balconies shall have the following attributes: a) Balconies shall be integrated into the overall building design. b) Balconies shall have a solid floor material and internal drain or direct run-off away from the building. If the latter, balcony shall not be located over an occupied area. c) Balconies shall have railings as required by code. d) Balconies shall be open (i.e. no solid enclosures shall be permitted). 5. Entries A home's entry is a major component of the overall design and conveys much about the owner. Careful, integrated design is essential in the expression of the individual within this complex community. See Openings - Windows and Doors for further - elaboration on entry doors. — - a) Entries shall be treated as a transition from exterior to interior space. b) Entries shall be celebrated as a design element through the incorporation of overhead elements, porches, and lighting. Silverbrook Estates Design Guidelines 55 Single -Family Residential Design Guidelines 6. Exterior Materials The exterior materials of a building represent more than a skin applied to a shell. They represent the building construction method, the nature of the material itself, and contribute to the overall design and energy efficiency of the building. These exposed materials should be used in a manner that is in accord with their natural properties; while concealed improvements in energy efficiency are encouraged. Integrity of each material should be emphasized in its application, and convey the true construction process; materials applied as an "applique" shall be avoided. a) The following general practices apply: • Energy efficiency and sustainable practices shall be considered during the design process. • Synthetic materials that attempt to simulate the appearance of natural materials shall not be permitted unless detailed to emulate the natural material. • Where there are changes in material, they shall occur at changes in plane or at inside corners. This practice contributes to a more substantial and integral appearance. The detail shown in the image to the left is not permitted. Masonry shall only be installed in bond patterns that imply non -veneer, solid masonry construction. Silverbrook Estates Design Guidelines The construction details shown in these two images are not permitted. This image depicting a change in material at the inside corner, at a change in plane, is permitted. 56 Single -Family Residential Design Guidelines Contrast in material textures shall be integrated into the design. Colors of primary components shall be muted and of low gloss. Colors of accent components can be more dynamic and of higher gloss. b) Walls - The materials noted below apply to cladding and trim components: NNOW • The following wall surface materials shall be permitted:. - Poured concrete. - Stone and cast stone. - Split -face and ground -face concrete block. - Brick of standard modular units. Wood, including siding, panels, shingles, and clapboards. Cementitious siding. Stucco. - Steel used as an honest expression of support, such as for support braces and for trellises. The following wall surface materials shall not be permitted: - Vinyl, steel, and aluminum - EIFS (Exterior Insulation and Finish Systems like Dryvit Systems, Inc.). - T-111 wood siding. — shown at right - Jumbo brick (brick that is larger than standard modular brick, such as brick that is four inches high, four to eight inches thick, and twelve inches long) Utilitarian, unfinished concrete block. c) Chimneys: Exposed chimneys shall be clad with brick, stone, stucco, or concrete. d) Roofs: Roof shapes and materials have a primary visual impact on the appearance of a building. Their design should be treated as an integral component (essentially the fifth elevation) of a building. Many of the rooftops at Silverbrook Estates are visible from the intersection of Highway 93 and Church Drive. This should be factored into the rooftop design. Silverbrook Estates Design Guidelines 57 Single -Family Residential Design Guidelines The following design parameters shall be followed: - A variety of roof forms, and interaction between (such as cross -gable roofs and dormers) them, is encouraged as a means of breaking up the roof expanse and relating to the building forms below. - Roofs should be pitched and overhang the outside wall at least one foot (two feet is preferable). - Extended rafter tails, brackets, and exposed supports. • The following are the only allowable roof shapes: - Flat Roof (if concealed by a parapet, railing, or decking material) - Gable Roof - Shed Roof - Hipped Roof The following roofing materials shall be permitted: - Standing seam metal roofing. S - Flat seam metal roofing. a 4 - Architectural asphalt shingles. i - Wood shingles and shakes (and concrete substitutes). - Wood batten roofing. - Slate roofing. - Flat rubber roofing can be used if it is concealed by a parapet, railing, or decking material. - Photovoltaic integrated roofing systems. • The following roofing materials shall not be permitted - Exposed fastener metal roofs. - Plain asphalt shingles. - Metal shingles. - Clay tile. - Flat rubber roofing where covering more than 25% of the roof area. • Roof Accessories: Silverbrook Estates Design Guidelines 58 Single -Family Residential Design Guidelines e) The appearance of a well -designed home with an interesting roof can be compromised by roof accessories. When considered as part of the design process, roof accessories can complement the roof design. - The following materials shall be permitted: Flat, sloped skylights. Low -profile light domes. Vents that are incorporated into the ridges and hips, or are an integral component of the roof tile. - The following materials shall not be permitted: Mushroom style vents. Bubble -type skylights on exposed surfaces. Traditional PV modules that are mounted above the roof on racks. Mechanical equipment mounted above the roof. Openings —Windows and Doors: Windows and doors are essential components of a home. They fulfill necessary functional requirements such as natural illumination and ventilation, entry, and connection between building interior and exterior. They also form an important role in energy consumption and efficiency, particularly in this environment. In addition, the detailing and window treatment relate directly to the overall aesthetics of the home. Placement, material, and size shall be carefully considered throughout the design process. • The following general guidelines apply: - Windows shall be sized and configured to provide adequate natural illumination in the building. - The scale and locations of openings shall be consistent with the overall fagade and building design. - The size, location, and wall placement of openings shall be in accord with the perceived structure of the building, i.e. windows and doors will be recessed from, rather than flush with, the fagade. Silverbrook Estates Design Guidelines 59 Single -Family Residential Design Guidelines The following materials shall be permitted: - Wood windows and doors. - Aluminum -clad windows. - Steel windows and steel French (glazed) doors. - Windows and doors with true divided lites. - Operable windows. - Vinyl and vinyl -clad windows and doors. - Doors or windows with smoke or bronze tinted glass. - Glass block that is detailed like the masonry component it is and appears to be properly supported. The following materials shall not be permitted: - Glass block that does not reflect it as a masonry construction. - Sliding glass doors at main front entry. - Doors or windows with reflective glass or glass tinted other than those tints permitted above. 7. Garages and Accessory Buildings The placement and design of garages and accessory buildings have a profound impact on the image of a home. To support the pedestrian -friendly atmosphere of Silverbrook Estates, detached garages are preferred. Side -entry driveways are permitted where viable. It is important that the home read as the primary component of each site; that the home not be overpowered by the presence of the garage or accessory building. The garage is intended to be a support structure to the primary home — as it was historically when first introduced. Even when attached to the house, the garage shall be read as a secondary structure. This will require integration of the garage design during the early design of the house and site. a) The following general guidelines apply to both garages and accessory buildings: • Each principal residential structure shall have an attached or detached garage. • No detached garages or accessory buildings are allowed on lots where the back of the lot borders Silverbrook Drive or Church Drive. • Garage and accessory building design shall be consistent with the house design in material, general massing, roofing, and color. • Garage and accessory buildings shall be enclosed and roofed. They shall have three solid walls, and openings as required in the fourth wall. Silverbrook Estates Design Guidelines 60 Single -Family Residential Design Guidelines b) • Garage doors should not be the primary visual focus on the front elevation of any building. • "Snout -nosed" garages, as depicted in the image, are discouraged. • Detached garages shall be placed away from the road side of the house. • Creative use of sloped sites incorporating lower level garages is encouraged. • Garages shall not be sized for more than three cars. The following guidelines apply to doors in garages and accessory buildings: • Garage doors: - The use of individual bays no wider than nine feet is encouraged. - The use of insulated doors and those that comply with sustainability guidelines is encouraged. - The use of wood or painted metal doors is encouraged. - Doors should appear to be recessed behind the wall, rather than flush with the exterior wall. - The design of the door should be compatible with those of the house. • Entry doors: See guidelines for Openings — Windows and Doors. Silverbrook Estates Design Guidelines 61 Single -Family Residential Design Guidelines The R-4 Residential areas within Silverbrook Estates are intended to provide a diverse housing opportunity for the local and second-homebuyer market. Architecturally, the design intent should reflect a "contemporary agrarian" concept that reflects the natural materials and western vernacular set forth within the residential design guidelines, of this document. These R-4 Residential areas are located within walking distance of commercial amenities and plentiful open space. The graphic on the following page illustrates the R-4 Residential areas within Silverbrook Estates. The Design Guidelines set forth in this section will govern the review and approval by the DRC. Any drawings accompanying guidelines are illustrative only, and are intended to provide direction and interpretation of the related guideline. Each R-4 Residential lot shall contain a single family residence or a duplex or townhouse comprised of two (2) units. All single family residences located within the R-4 Residential area shall comply with the requirements for single family residences set forth in Chapter VI, except as specifically modified by this Chapter VIL In addition to the guidelines described here, the following documents apply to all developments in the R-4 Residential areas: a) City of Kalispell Zoning Ordinance b) Declaration of Covenants, Conditions, Restrictions and Reservations, as amended Silverbrook Estates Design Guidelines 62 R-4 Residential Design Guidelines l.agow Reaidcw6ml Tmim I I- my ON, ilverbrook Estates 0 Rcsidcnlial Town Homc � O,ttto 2W6 Kali%NI. Modarva Silverbrook Estates Design Guidelines 63 R-4 Residential Design Guidelines A. R-4 Residential Site Design 1. Building Setbacks/Buildin2 Envelope a) Setbacks for all R-4 Residential development shall comply with the City of Kalispell Zoning Ordinance. b) Outdoor storage of equipment or RV's is prohibited within the front yard setback of any residential lot. c) The principal structures on the site shall be the dominant elements on site. All accessory structures shall be subordinate in size to the principal structures. d) Building massing and scale should be responsive to the site, including views, terrain, visibility of site and existing vegetation. e) Dog kennels shall be screened from view. Buildings should be sited and landscaped so as to minimize the impact on neighboring lots, especially visual impacts. f) The "General Geotechnical Report for the Stillwater River" may be acquired from the DRC. Signs provide a strong visual connection with the community, and provide information about the activities in the development. Signs should engage and complement the design of the neighborhood. The signage guidelines allow for signs that reflect the quality of Silverbrook Estates and that complement the rural Kalispell farmland surrounding it. Signs in the residential areas are intended to be limited in extent and size, so as not to detract from the overall agrarian ambience. The Master Developer shall provide Subdivision Entry and Street Identification signs to be maintained by the POA. a) Design Review: There shall be no official review of designs for signs to be located within R-4 Residential lots. The DRC reserves the right to enter onto a property or lot to inspect for compliance with the Signage Guidelines. The POA shall monitor sign usage, however, and require removal of non -complying signs. b) Since the signs associated with R-4 Residential areas are limited in scope and application, the material and design options are limited to the following: • Signs shall be constructed of high quality, durable materials such as stone, metal, and wood. • Painted surfaces shall be minimal and well maintained for the duration of the sign. • Colors shall be muted and complement the building design; bright colors may be used only for accent features. • Sign illumination: Reference lighting guidelines. c) Allowable Signs: Only the signs identified below are allowable on individual lots. These provisions are exclusive of street identification signs as described in the General Design Guidelines. Silverbrook Estates Design Guidelines 64 R-4 Residential Design Guidelines Address signs are required for all residential property within Silverbrook Estates, and shall comply with the following: - Address signs shall have four -inch tall numbers in a legible typeface, designed to be visible at night. - Such signs shall be no larger than two square feet, and shall not be mounted on a base. - Address signs shall include the street number, and may include the street name as well. - An address identification sign may be incorporated into the street fagade of the residence. - Such signs may not incorporate identification of a home business. Campaign and election signs, with the following provisions: - Campaign and election signs shall be located on private property. - Such signs shall not be larger than six square feet. - Such signs shall not be installed prior to 15 calendar days before an election. - Such signs shall be removed within 15 calendar days of an election. Portable yard signs, with the following provisions: - Portable yard signs can be used to show the property is for sale and for events such as open houses and garage sales. - "For Rent" signs are not allowed. - Portable yard signs can be no more than six square feet in area. - Yard signs, except "For Sale" signs, may not be in place for more than three calendar days. - The yard sign must be located within the property boundary where the event is occurring. Silverbrook Estates Design Guidelines 65 R-4 Residential Design Guidelines 3. Driveways and Parking a) All required parking shall be within the lot boundary, and shall not encroach on public or private right-of-ways. b) The minimum length of a driveway is 25 feet between the garage face and the building side of the sidewalk. c) An eight -foot landscape island shall divide adjacent driveways. d) Access drives, driveways, and parking surfaces should be constructed of paving units, asphalt or concrete. e) Locking garages for each unit are encouraged. f) One (1) visitor parking space should be included on the lot. 4. Grading and Drainage a) All lots within Silverbrook Estates shall discharge excessive stormwater into the streets. Each Lot Owner is responsible for its own grading to ensure adequate drainage, erosion ontrol and to avoid adversely impacting other Lots. b) Surface drainage shall not be directed onto adjacent properties. c) The drains and grassy swales have been designed to transport stormwater to the detention ponds at Silverbrook Estates. 5. Utilities a) All utilities shall be located underground or behind screened areas. b) All electrical conduits for right-of-way landscaping, lighting, and signage shall be provided and installed by the project developer. c) Each Lot Owner shall assume the burden and expense of supplying electricity, telephone, cable facilities, water service, sewers, or other utilities for the lot's use. d) The Master Developer will install, and the POA will maintain, utility services to the Lot or to points in close proximity to the Lots . The Lot Owner shall pay all costs associated with connecting utilities. e) The project developer will install the water and sewer lines up to the building. 6. Fences a) Fencing within the R-4 Residential areas shall be designed and constructed as required in Chapter IV of this document, "General Design Guidelines." b) It is understood that security and privacy are a primary and necessary component of home ownership. The guidelines are intended to support the need for privacy without negatively impacting the overall sense of shared community and neighborhood companionship. 7. Trash Containers and Enclosures a) All R-4 Residential lot owners shall provide individual trash containers that meet local collection standards. Silverbrook Estates Design Guidelines 66 R-4 Residential Design Guidelines b) Portable or individual trash containers should be stored in a shed or in the garage 8. Hot Tubs a) All hot tubs shall be constructed according to industry or manufacturer standards as well as International Building Code. b) Hot tubs may be in -ground or above ground. If hot tubs are above ground, all necessary mechanical equipment and support structures shall be screened from view. 9. Recreational Equipment a) Recreational equipment shall be setback from the rear property lines at least ten (10) feet. b) Any lots with play or recreational equipment in the rear yard shall screen this use from adjacent properties by means of landscape plantings that are at least six (6) feet in height. c) Individual homeowners within the R-4 Residential development may install or construct freestanding or anchored play equipment in their rear yards on their property. 10. Firewood a) Residences in R-4 Residential areas shall store firewood on the individual lots. b) Firewood storage areas shall be constructed or situated taking into consideration local governing fire code or restrictions. c) Brightly colored tarps shall not be used to cover firewood. d) The Kalispell Fire Department may be contacted regarding local fire codes or restrictions. e) All firewood storage areas shall be concealed from adjacent properties or land uses by means of a fence, enclosure, or landscape plantings. 11. Dog Kennels a) Dog kennels are permitted within the rear or side yards only. b) Dog kennels shall not be located in the front yard of any residential lot. c) All dog kennels or dog runs are subject to the review and approval of DRC. d) Dog kennels should be constructed of durable materials, such as heavy gage steel with wire grid. e) Kennels should be placed in an inconspicuous area away from the direct view of adjacent lots and primary roads. i) Screening is required for all dog kennels. 12. Outdoor Storage Silverbrook Estates Design Guidelines 67 R-4 Residential Design Guidelines g) Outdoor storage is prohibited, except for stacked firewood. Items such as bikes, barbecues and outdoor furniture stored or used on decks and in side or rear yards are not considered "outdoor storage." h) Outdoor storage of recreational vehicles (RV's), trailers and boats are prohibited. They must be stored in garages or other buildings. i) Provide adequate storage space in residences or garages. j) Separate storage structures or sheds are not permitted. B. R-4 Residential Landscape Design 1. Lot Landscaping a) All R-4 Residential lots shall be planted with at least one (1) large, deciduous canopy tree per lot. b) All R-4 Residential lots shall be planted with at least one large, coniferous tree per lot. c) All R-4 Residential lots shall be planted with at least two (2) small, ornamental trees per lot. d) All R-4 Residential lots shall install and maintain at least 20% of the lot as landscaped (either native or ornamental) area. e) Definitions of plant material sizes are located in Chapter IV, section on "Plant Sizes." f) Foundation plantings shall be used to conceal foundations, mechanical equipment, play equipment, firewood storage or other undesirable views onto the property. g) Respect views from neighboring lots. h) Be aware that fruit -bearing trees may attract wildlife in the fall and that these animals may damage these trees. Fruit -bearing trees should not be planted near walkways or trail corridors due to dropping debris. i) Street tree spacing may be adjusted by the DRC at the time of installation to respond to driveway locations. j) Fences and privacy berms are strongly discouraged. Vegetative hedges are preferred. k) If used, berms should be contoured to look as natural as possible and they should be planted. 2. Lawn Areas a) Lawn areas shall be mowed to maintain attractive leaf blade lengths throughout the growing season. b) Lawns should be watered adequately to prevent sun scorching or dying off of large expanses of grass. c) Irrigation of lawns should be adjusted to maintain a healthy lawn and conserve water during these times. 3. Irrigation a) All residential lots within Silverbrook Estates shall be irrigated with an automatic irrigation system. Silverbrook Estates Design Guidelines 68 R-4 Residential Design Guidelines b) Landscape designs shall take into consideration conservation of water during irrigation and design systems to use water as efficiently as possible. 4. Maintenance of Landscaping a) These landscaped areas shall be maintained in a good condition throughout the year. b) If fencing or netting is required in the fall to protect against animal damage, it should be installed on October 1st and removed on May 1st of every year. 5. Foundation Plantings a) Foundation plantings are required in order to conceal foundations, mechanical equipment, play equipment, firewood storage or other undesirable views onto the property. C. R-4 Residential Building Design The guidelines which follow are in addition to the General Building Guidelines discussed above. The guidelines are intended to facilitate design which adapts well to the overall vision of Silverbrook Estates townhouse community while encouraging designs which uniquely reflect the user and designer. 1. Maximum Lot Coverage & Building Height a) Each R-4 Residential dwelling in Silverbrook Estates shall comply with the following: • Maximum Building Height: The maximum allowable building height is thirty-five (35) feet from the lowest adjacent grade level to the highest point on the roof or parapet wall. Silverbrook Estates Design Guidelines 69 R-4 Residential Design Guidelines 2. Pre -Fabricated Architectural Components Manufactured homes, as defined by the Kalispell Zoning Ordinance are not permitted at Silverbrook Estates. Pre -fabricated architectural components are permitted, provided that they are of high -quality materials, detailing, and finishes. They must comply with the Kalispell Zoning Ordinance and all the Design Guidelines stated herein. 3. Porches/Decks/Terraces Front porches are encouraged, as they stimulate neighborhood interaction while providing a safe transition zone between the private residence and the outside world. Porches also contribute to variation in the building mass and provide a welcoming entry to the home. a) Front porches shall be sufficiently sized to accommodate seating. In most cases, porches should be at least five feet in depth to allow adequate room for furniture. b) Front porches shall have full roof coverage, to provide protection from the elements and for more direct incorporation / association with the house. c) Front porches shall have railings. d) Front porches should be open (i.e. not enclosed with wood, glass, or other materials). e) Porches may be screened if the support is visually minimized and the screening is placed behind the columns or railings. Rear porches, decks, and terraces are permitted. They can provide a natural transition from the home to the site. These are typically considered to belong more to the private zone of the dwelling and are often less formal and more utilitarian than front porches. a) Rear decks are not required to have roof coverage. b) Rear decks and porches shall have railings as required by code. 4. Balconies Balconies create an extension of the living space and a comfortable connection to the outdoors. a) Balconies shall be integrated into the overall building design. b) Balconies shall have a solid floor material and internal drain or direct run-off away from the building. If the latter, balcony shall not be located over an occupied area. c) Balconies shall have railings as required by code. d) Balconies shall be open (i.e. no solid enclosures will be permitted). Silverbrook Estates Design Guidelines 70 R-4 Residential Design Guidelines 5. Entries A home's entry is a major component of the overall design and conveys much about the owner. Careful, integrated design is essential in the expression of the individual within this complex community. See Openings Windows and Doors for further elaboration on entry doors. a) Entries shall be treated as a transition from exterior to interior space. b) Entries shall be celebrated as a design element through the incorporation of overhead elements, porches, and lighting. 6. Exterior Materials The exterior materials of a building represent more than a skin applied to a shell — they represent the building construction method, the nature of the material itself, and contribute to the overall design and energy efficiency of the building. These exposed materials should be used in a manner that is in accord with their natural properties; while concealed improvements in energy efficiency are encouraged. Integrity of each material should be emphasized in its application, and convey the true construction process; materials applied as an "applique" shall be avoided. a) The following general practices apply: • Energy efficiency and sustainable practices shall be considered during the design process. • Synthetic materials that attempt to simulate the appearance of natural materials shall not be permitted unless detailed to emulate the natural material. • Where there are changes in material, they shall occur at changes in plane. This practice contributes to a more substantial and integral appearance. • Masonry shall only be installed in bond patterns that imply non -veneer, solid masonry construction. • Contrast in material textures shall be integrated into the design. • Colors of primary components shall be muted and of low gloss. • Colors of accent components can be more dynamic and of higher gloss. b) Walls: The materials noted below apply to cladding and trim components: • The following wall surface materials shall be permitted: - Corrugated metal or sheet metal. - Poured concrete. - Stone and cast stone. - Split -face and ground -face concrete block. - Brick of standard modular units. - Wood, including siding, panels, shingles, and clapboards. - Cementitious siding. Silverbrook Estates Design Guidelines 71 R-4 Residential Design Guidelines Stucco. - Steel used as an honest expression of support, such as for support braces and for trellises. The following wall surface materials shall not be permitted: - Vinyl, steel, and aluminum siding. - EIFS (Exterior Insulation and Finish Systems like Dryvit Systems, Inc.). - T- I I I wood siding. - Jumbo brick (as defined earlier). - Utilitarian, unfinished concrete block. c) Chimneys: Exposed chimneys shall be clad with brick, stone, stucco, or concrete. d) Roofs: Roof shapes and materials have a primary visual impact on the appearance of a building. Their design should be treated as an integral component (essentially the fifth elevation) of a building. Many of the rooftops at Silverbrook Estates are visible from the intersection of Highway 93 and Church Drive. This should be factored into the rooftop design. The following design parameters shall be followed: - A variety of roof forms and the interaction between them (such as cross -gable roofs and dormers) is encouraged as a means of breaking up the roof expanse and relating to the building forms below. Roofs should be pitched and overhang the outside wall at least one foot (two feet is overhang the outside wall no more than six inches. Extended rafter tails, brackets, and exposed supports. • The following are the only allowable roof shapes: - Flat Roof (if concealed by a parapet, railing, or decking material) - Gable Roof - Shed Roof • The following roofing materials shall be permitted: - Standing seam metal roofing. - Flat seam metal roofing. - Architectural asphalt shingles. - Wood shingles and shakes (and concrete substitutes). Silverbrook Estates Design Guidelines preferable). Rakes shall 72 R-4 Residential Design Guidelines Flat rubber roofing can be used if it is concealed by a parapet, railing, or decking material. Photovoltaic integrated roofing systems. • The following roofing materials shall not be permitted: - Exposed fastener metal roofs. - Plain asphalt shingles. - Metal shingles. - Clay tile. - Wood batten roofing. - Slate roofing. - Flat rubber roofing where covering more than 25% of the building's roof area. • Roof Accessories: - The appearance of a well -designed home with an interesting roof can be detracted by roof accessories. When considered as part of the design process, roof accessories can complement the roof design. e) The following materials shall be permitted: Flat, sloped skylights. Low -profile light domes. Vents that are incorporated into the ridges and hips, or are an integral component of the roofing material. - The following materials shall not be permitted: Mushroom style vents. Bubble -type skylights on exposed surfaces. Traditional PV modules that are mounted above the roof on racks. Mechanical equipment mounted above the roof. Openings — Windows and Doors: Windows and doors are essential components of a home. They fulfill necessary functional requirements such as natural illumination and ventilation, entry, and connection between building interior and exterior. They also form an important role in energy consumption and efficiency, particularly in this environment. In addition, the detailing and window - treatment relate directly to the overall aesthetics of the home. Placement, material, and size shall be carefully considered throughout the design process. Silverbrook Estates Design Guidelines 73 R-4 Residential Design Guidelines The following general guidelines apply: - Windows shall be sized and configured to provide adequate natural illumination in the building. - The scale and locations of openings shall be consistent with the overall facade and building design. - The size, location, and wall placement of openings shall be in accord with the perceived structure of the building (i.e. windows and doors will be recessed from, rather than flush with, the facade). The following materials shall be permitted: - Wood windows and doors. - Aluminum -clad windows. - Steel windows and steel French (glazed) doors. - Windows and doors with true divided lites. - Operable windows. - Vinyl and vinyl -clad windows and doors. - Doors or windows with smoke or bronze tinted glass. - Glass block that is detailed like the masonry component it is and appears to be properly supported. • The following materials shall not be permitted: - Glass block that does not reflect it as a masonry construction. - Sliding glass doors at main front entry. - Doors or windows with reflective glass, or glass tinted other than those tints permitted above. 7. Garages The placement and design of garages has a profound impact on the image of a home. It is important that each dwelling read as the primary component of that lot; that the dwelling not be overpowered by the presence of the garage. Each garage is intended to be an ancillary structure to each dwelling. The garage shall be designed to be read as a secondary component of the composition. This will require integration of the garage design during the early design of the dwelling and the site. Silverbrook Estates Design Guidelines 74 R-4 Residential Design Guidelines a) The following general guidelines apply to garages: • Each dwelling shall have, at a minimum, an attached single -car garage. • Garage design shall be consistent with the house design in material, general massing, roofing, and color. • Garages shall be enclosed and roofed. They shall have three solid walls, and openings as required in the fourth wall. • Garage doors should not be the primary visual focus on the front elevation of any building. b) The following guidelines apply to doors in garages: • Garage doors: The use of insulated doors and those that comply with sustainability guidelines is encouraged. The use of wood or painted metal doors is encouraged. Doors should appear to be recessed behind the wall, rather than flush with the exterior wall. The design of the door should be compatible with those of the house. • Entry doors: See guidelines for Openings Windows and Doors above. Silverbrook Estates Design Guidelines 75 R-4 Residential Design Guidelines The DRC has made every effort to ensure that development within Silverbrook Estates is conducted in a manner that will complement adjacent projects. However, it is recommended that all adjacent project developers intending to propose development in Silverbrook Estates establish good communication with each other and adjacent property owners during the design and construction of the projects. Project developers should coordinate site plans, access to lots, parking lots, pedestrian plazas and walkways, landscaping and perimeter treatment of their lots. They are encouraged to consider opportunities to coordinate their planning efforts for site amenities. This will generate cohesive design and the potential for cost savings. All project developers and contractors shall ensure that all construction is performed in accordance with the following requirements: A. Adjacent property is protected from damage during the construction process. If damage occurs, restoration to original conditions shall be completed within 30 days of the occurrence. B. Temporary structures, such as construction trailers, dumpsters, and toilets shall be removed within 15 days of completion of construction and shall not be located where they might negatively impact adjacent properties. C. Roadways shall be maintained and/or repaired as needed in order to prevent the excessive wear and tear caused by construction vehicles. All contractors shall park on dedicated public streets or within the confines of the property on which the construction is taking place. D. Construction staging and storage of materials shall be located only on the lot on which construction is taking place and should be paved with two inches of three -quarter -inch screened gravel. Public roadways and adjacent properties are not permitted as construction storage and staging areas. E. Construction vehicles shall only have access to the property from existing roads adjacent to the construction site. F. The site plan, landscape plan, or grading plan shall illustrate and call out plans for the control of erosion and vegetation/tree protection during the construction process. All re - vegetation shall be done in accordance with these plans, as approved by the DRC. All surplus building and landscaping materials shall be promptly removed from the construction site following completion of the project. G. All sites shall also have an on -site enclosed portable toilet that should be kept clean at all times and be located to lessen impacts to adjacent properties. The portable toilets shall be removed promptly after construction is completed. H. All construction sites shall have temporary electrical service for building purposes. Power from adjacent properties shall not be used unless permission is granted by owner of said property. L Construction activity is only permitted between 6:30 a.m. and 7:30 p.m. Monday through Saturday. Silverbrook Estates Design Guidelines 76 Construction Procedures J. All trash and construction debris shall be kept covered in appropriate refuse containers and emptied on a regular basis. Paving, landscaping and other contractors shall not dispose of leftover materials on adjacent private properties or on public roads. K. Project developers and their contractors are responsible for preventing the spread of noxious weeds. They are responsible for the decontamination of trucks, machinery, materials, and tools brought in from outside areas. L. The DRC, or their designated representative, has the right to enter upon the construction site to inspect construction at any time, including during routinely scheduled inspections for occupancy and during investigation for violations. Silverbrook Estates Design Guidelines 77 Construction Procedures A. City of Kalispell Zoning Ordinance This document is available at the City of Kalispell Planning Department offices at 17 Second Street East, Suite 211, Kalispell, MT or on-line at www.kalispellplannin2.com. They may be reached at (406) 751-1850, during normal business hours. B. Declaration of Covenants, Conditions, Restrictions and Reservations, as amended. Silverbrook Estates Design Guidelines 78 Reference Documents Master Developer: 93 & Church, LLC 3154 Parkwood Lane Bigfork, MT 59911 Silverbrook Estates Design Review Committee and Property Owners Association: Western Mountains Property Management 33 Hunter Circle, Suite 1 Kalispell, MT 59901 (406)257-1302 Governmental Agencies: City of Kalispell Planning Department 17 Second Street East, Suite 211 Kalispell, MT 59901 (406) 751-1850 Montana Department of Environmental Quality 1520 East Sixth Avenue P.O. Box 200901 Helena, MT 59620 (406) 444-2544 www.deq.state.mt.us Montana Department of Transportation 2701 Prospect Avenue P.O. Box 201001 Helena, MT 59620 (406) 444-6200 www.mdt. state.mt.us City of Kalispell Police Department 321 First Avenue East Kalispell, MT 59901 (406) 758-7780 City of Kalispell Fire Department 321 First Avenue East Kalispell, MT 59901 (406) 758-7760 Silverbrook Estates Design Guidelines 79 Checklists A. Initial Plan Review Checklist ❑ Prepare and submit to the DRC this completed checklist and two (2) copies of the preliminary design in conceptual drawing form to describe the following: ❑ Site plans indicating building envelope, easements, setbacks, existing site elements, stream corridors, landscaping concepts, contours @ 2'-0" intervals, site drainage, location of retaining walls, orientation of garage, driveway materials and width, location of site section. (Scale 1" = 20'-0" minimum) ❑ Site sections indicating percent slope of site, extent of cut and fill, retaining walls, conformance with building height restrictions. (Scale 1" = 20'-0" minimum) ❑ Floor Plans (Scale 1/16" or 1/8" = 1'-0") ❑ Fire Sprinkler System/Alarm System to NFPA standard as per applicable building codes. ❑ Building Exterior Elevations of all sides (Scale 1/16" or 1/8" = 1"-011) ❑ Roof Design showing all eaves, parapets, and rooftop equipment or accessories (Scale: 1/16" or 1/8" = 1'-011) ❑ Exterior Materials — Cut sheets or samples ❑ Location of all exterior signage ❑ Building Height Sketch showing height ❑ Written statement summarizing setback, height and square footage or proposed construction and whether any variance requests will be made. Silverbrook Estates Design Guidelines 80 Checklists B. Initial Plan Review Evaluation Criteria ❑ All development is contained within building envelope ❑ Building will be located on least environmentally sensitive portion of a site ❑ Building section is appropriate to slope of site: ❑ Conforms to building height requirements ❑ Retaining walls are less than 5'-0" high, 25'-0" in unbroken length ❑ Drive conforms in terms of width, slope, extent, and material ❑ All variance requests must be clearly defined, and in writing ❑ Appropriateness of architecture Silverbrook Estates Design Guidelines 81 Checklists C. Final Plan Review Checklist (3 pages total) Two copies of drawings and written materials and this completed checklist, along with one set of all proposed building materials for the Final Plan Review and Approval must be submitted to the DRC at least ten (10) business days prior to their next scheduled meeting. The DRC can only approve a Final Plan submittal when each of the items listed below has been submitted and approved. General ❑ Plan Review Fee-$200.00 for residential, $1,000 for commercial ❑ Square Footage Summary ❑ Statement of building height and building height calculations Site Plan (scale 1" = 20'-0" or 1" = 16'-0") ❑ Property Boundaries ❑ Easements and setbacks ❑ Existing and proposed contours at two foot intervals ❑ Building footprint lies within building envelope, confirmed by the production of an engineered drawing, verifying the location of the to be built home. This drawing shall be presented to the DRC within 30 days prior to the foundation pour. ❑ Utility meters ❑ Transformer locations ❑ Trash enclosure ❑ Service lines for water, sewer, gas telephone, cable TV and electric (existing service to building, if applicable) ❑ Proposed roads, walks, driveways, parking, decks, pools, patios, accessory buildings and all site improvements ❑ Materials to be utilized for construction of roads, walks, driveways, decks, pools and porches Silverbrook Estates Design Guidelines 82 Checklists ❑ Surface drainage ❑ Finished floor elevations Landscape and Irrigation Plan (same scale as Site Plan, to be submitted prior to beginning of landscaping) ❑ Location, type, planted and mature size and quantity of all plant materials and landscape feature proposed for use. ❑ Final grading, extent of cut and fill ❑ Proposed treatment of all ground surfaces (turf, ground cover, mulch, pavers, etc.) ❑ Extent of turf areas to be mowed and irrigated (transition zone maintained, irrigation method indicated) ❑ Proposed seed mixes and rate ❑ Lighting locations type and wattage ❑ Details of any fencing or specialty features proposed Building Drawings (scale 1/4" or 1/8" = 1'-099 ) ❑ Floor plans showing square footages ❑ All exterior elevations showing finished grade, materials, windows, doors, colors, signage, details, and lighting ❑ Primary roof pitch ❑ Secondary roof pitch ❑ Conformance with building height restrictions ❑ Fire Protection plans if applicable ❑ Project specifications, including use of water saving devices ❑ Roof Design showing all eaves, parapets, and rooftop equipment or accessories (Scale: 1/16" or 1/8" = 1'-0") Silverbrook Estates Design Guidelines 83 Checklists ❑ Full scale material board indicating exterior wall and trim materials, exterior stone samples, window colors, roof materials and flashing, exterior paving materials, exterior finish colors, presented as actual material with finishes applied. ❑ Exterior lighting fixture cut sheets D. Final Plan Review Evaluation Criteria ❑ All development is contained within building envelope. This fact shall be confirmed by the production of an engineered drawing, verifying the location of the as built home. This drawing shall be presented to the DRC within 30 days of the completion of the foundation pour. ❑ Building will be located on least environmentally sensitive portion of a site. ❑ Building section and form is appropriate to slope of site: ❑ Conforms to building height, roof slope, overhang and fascia requirements ❑ Retaining walls are less than 5'-0" high and less than 25'-0" in unbroken length ❑ Driveway conforms in terms of width slope, extent and material ❑ Two story volumes are interrupted by an intersecting roof form. ❑ Exterior materials and colors conform to design regulations. ❑ All variance requests regarding these regulations are clearly defined, and in writing. Silverbrook Estates Design Guidelines 84 Checklists E. Final Plan Review Certification of Submittal Completeness Note: AFTER FINAL PLAN APPROVAL HAS BEEN OBTAINED, NO CHANGE FROM APPROVED PLANS SHALL BE MADE WITHOUT THE REVIEW AND WRITTEN APPROVAL OF THE SILVERBROOK ESTATES COMMITTEE FOR DESIGN REVIEW. I hereby certify that all information on this sheet has been provided to the Silverbrook Estates Design Review Committee. OWNER/Architect Date Silverbrook Estates Design Guidelines 85 Checklists CN/1C CRO.BOX 5150 . 1075 TRUR ISLE CREEK RD. UNIT E i KALISPELL. MT 59903-5150 OFFICE: 406-Q57-5156 d.` G FAY: 406-257-8179 a HTTP:,iVI•'�X- \Xi C\ IGENGINEMING.COM 'TRECEIVED yneFEB 2 0 2007 February 15, 2007 CTA LandWorks Group 10180 Cottonwood Road Bozeman, MT 59718 Subject: Geotechnical Investigation Silverbroolc Estates Kalispell, Montana CMG Job No. 06-280 Dear Ms. Debra Rosa, At your request, CMG Engineering, Inc. (CMG) has conducted a geotechnical investigation for the planned Silverbroolc Estates Development, in Kalispell, Montana. The Vicinity Map, Figure 1, shows the general location of the site. The investigation was conducted to evaluate subsurface materials, observe conditions at the site, and develop recommendations for site preparation, earthwork, utility trench back -fill, foundation guidelines for bridge abutments, set backs for lots along the Stillwater River banks, sanitary sewer lift stations, and general pavement section analysis. 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 recommendations for use in the design and construction of 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 geotecluucal engineering profession. PROJECT DESCRIPTION The project site consists of approximately 325 acres and is located at the southwest corner of the US Hwy 93 and Church Drive intersection in the north portion of Kalispell, as indicated on Figure 1. The proposed development will consist of numerous residential lots,' a commercial development center, a bridge over an existing drainage, utilities, two sanitary sewer lift stations, and asphaltic concrete paved access roads. The location and configuration of the proposed development are shown on the Site Plan, Figure 2. Available design details indicate that site grading will consist of cuts up to a maximum of 20 ft along the east property boundary and maximum fill heights of 5ilverbrook Estates Development - Kalispell, K/iontana CMG Engineering, Inc. about 20 ft. Additional site grading will likely occur in the vicinity of the steep slopes near the west property boundary. Utilities will generally be buried G to 20 ft below the ground surface, depending on final site grades. Two sanitary sewer lift stations are planned for the development at Boring Locations B-14 and B-20, shown on Figures 3 and 5. A bridge crossing the existing drainage is planned near the center of the site, in the vicinity of Boring Locations BR-1 through BR4. We understand typical residential and commercial development are planned for the lots and all roads will be paved with Asphaltic Concrete Pavement. SITE DESCRIPTION General The project site is bordered by Church Drive to the north, US Hwy 93 to the east, agricultural fields to the south, and the Stillwater River to the west. Past development of the site consists of minimal site grading, construction of a residence and outbuildings in the southeast site comer, and likely a septic tank with a drain field in the vicinity of the existing residence. The majority of the proposed development area is cultivated and has historically been used for agriculture. The slopes along the existing drainage and Stillwater River are vegetated with grass, underbrush and large evergreen trees. Seeps and springs were not observed at the ground surface within the planned development area; however, we anticipate seeps and springs are present within the existing drainage area near the center of the site and the toe of the relatively steep slopes adjacent to the Stillwater River. It appears that past development of large structures and/or deep excavations have not occurred within the planned development area. Topography Site observations and review of the available topographic survey information, provided by the Civil Engineer, indicate the majority of the planned development area is relatively flat with the exception of the area that gradually slopes upward to the east near the east property boundary. Elevations within the planned development range from about 2,985 ft near the center of the west property boundary, along the top of the Stillwater River bank, to about 3,040 ft near the northeast site comer. The majority of the site ranges from about elevation 3,005 ft to 3,015 ft. Relatively steep slopes are present below the planned development areas adjacent to the Stillwater River along the west property boundary, and the existing drainage that crosses the site from east to west near the center of the planned development. The ground slopes downward to the river and existing drainage at average slopes of about 2H:1 V and at slopes as steep as 1 H:1 V. Evidence of slope movement in the recent past is apparent in the areas marked on the attached site plans, Figures 3 and 5. It appears previous earthwork on the site is minimal, with the exception of cultivating for agricultural purposes. 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 silt, clay, 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. Page 2 iverroot EstEstatesI3e��el_..ev o meat - �; alispell, Montana CNIIG En�neerin , Inc. �. —•- -_-„ Site Seismicity The site lies within the Intermountain Seismic Belt and is mapped as a zone of potentially significant seismic ground movement. Subsurface materials encountered during this limited investigation indicate the site soils should be classified as Site Class E, in accordance with the International Building Code (IBC 2003). Based on the fine grained nature of the soils, presence of fine grained soil layers within the sand soil unit, and the medium dense nature of the sand soils, we anticipate the risk of liquefaction or lateral spreading is low in most areas. Earthquake induced slope movement is possible along the relatively steep banks near the Stillwater River if regrading of the steeper slopes is not performed. SUBSURFACE CONDITIONS General Subsurface materials and conditions at the site were investigated between November 14 and December 15, 2006 with twenty-five borings, designated B-1 through B-21 and BR-1 through BR-4, and nineteen test pits designated TP-1 through TP-19. The subsurface explorations were strategically located to provide subsurface information across the entire site. The approximate locations of the borings and test pits are shown on Figures 3, 4, 5, and 6. A detailed discussion of the field exploration and laboratory testing programs completed for this investigation are provided in Appendix A. Logs of the subsurface explorations are provided in Appendix A on Figures IA through 44A. Soils Typical soils observed at the ground surface consist of silt and sand soils with varying percentages of organics. The silt and sand soils are typically underlain by silty clay and lean clay soils. In addition, we anticipate the clay soils are underlain by Glacial Till comprised of very dense silty gravel with sand and boulders. For the purpose of discussion, the materials and soils disclosed by the subsurface investigation have been grouped into the following categories: 1. TOPSOIL 2. SILT and SAND 3. Silty CLAY and Lean CLAY 1. TOPSOIL. All subsurface explorations completed for this project encountered topsoil at the ground surface. The topsoil generally consists of dark brown silt with sand and abundant organics and roots. Typical Standard Penetration Test (SPT) blow counts of 7 to 15 indicate the topsoil is medium stiff to stiff. Moisture contents range from about 7 to 35 percent. The upper 12 inches of the topsoil is considered the cultivated zone due to past agricultural activities. The topsoil thickness ranges from 0.8 to 3.8 ft thick with an average thickness of about 2.2 ft. 2. SILT and SAND. Silt with varying percentages of sand, and sand with varying percentages of silt was encountered beneath the topsoil layer in all subsurface explorations. The silt and sand soils generally contain intermittent layers of sandy silt and silty sand, with occasional layers of silty clay. Based on visual observations of the test pits and Standard Penetration Test blow counts of 3 to 36, Page 3 SiNerbroolc Estates Development - Kalispell, Montana CIAG Engineering, Inc. the relative consistency and density of the silt and sand soils are soft to stiff and loose to dense, respectively. Moisture contents of representative samples range from 2 to 36 percent with the moisture contents typically increasing with depth. The majority of subsurface explorations advanced for this project were terminated in this soil unit at depths of 9.5 to 40.3 ft. The silt and sand soils are generally underlain by silty clay and lean clay soils at depths ranging from 3.5 to 33.9 ft. 3. Silty CLAY and Lean CLAY. Silty clay and lean clay soils were encountered beneath the silt and sand at various depths ranging from 3.5 to 33.9 ft below the ground surface. The silty clay and lean clay soils are varved/laminated glacial lakebed deposits and contain interbedded layers of fine grained silty sand, silt, silty clay and lean clay that typically range from about 0.1 to 4 inches thick. SPT blow counts of 2 to 26 blows per foot indicate the silty clay and lean clay is soft to very stiff. Moisture contents typically range from about 25 to 49 percent. Lower moisture contents of 6 to 21 were measured in silty sand lenses within this soil unit. The moisture content of the silty clay and lean clay soils tend to increase as the relative consistency decreases with depth. All subsurface explorations that encountered the silty clay and lean clay soils were terminated in this soil unit at depths of 10.0 to 140.3 ft. Groundwater Groundwater was observed in most borings completed for this project, depending on the elevation and depth of the boring. The highest groundwater depths observed were generally along the east half of the site, near the toe of the existing slope that slopes upward to the east. Groundwater depths range from about 7.0 ft to greater than 35 ft below the ground surface. Two- inch diameter, perforated PVC pipes were installed in Borings B-1, B-8, B-14, and B-20 for periodic groundwater measurements. 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 tlis report. ENGINEERING ANALYSIS General The available plans at the time of this investigation indicate the proposed development will consist of numerous residential lots, commercial lots, asphaltic concrete paved roadways, utilities, a bridge spanning the existing drainage, and two sanitary sewer lift stations. We anticipate site grading will consist of cuts up to a maximum of 20 ft along the east property boundary and maximum fill heights of about 20 ft. Additional site grading will likely occur in the vicinity of the steep slopes near the west property boundary. Utilities will generally be buried 6 to 20 ft below the ground surface, depending on final site grades, and the sanitary sewer lift stations will likely extend to depths of 20 to 30 ft. Site Preparation The soils encountered near the ground surface during the subsurface investigation consist of topsoil underlain by fine-grained moisture -sensitive soils with varying percentages of sand, or fine- grained sand with varying percentages of silt. Site stripping will need to be conducted in all planned Page 4 Silveffimok Estates Development - Kalispel1, Montana CM En ineerin , Inc. earthwork, roadway, and settlement sensitive areas. The removal of topsoil should extend down to firm native soils with minimal organics. Based on observations during the subsurface investigation, we anticipate site stripping will be necessary across the entire planned development area. The topsoil zone will likely range from 0.8 to 3.8 ft thick with an average of about 2.2 ft. Thicker areas of topsoil/organic material should be anticipated in low lying areas such as depressions, swales, or near the toe of existing slopes. Based on past experience, the near -surface fine-grained soils encountered during this investigation have little cohesion. As a result, these soils can be easily disturbed and strength diminished during construction if moisture contents are greater than the optimum moisture content for the soil. This is of particular concern during the seasonally wet times of the year when seepage or surface water is allowed to pond and infiltrate. Therefore, positive site drainage is of critical importance to both construction and long-term performance of the proposed development. Based on our experience in the project vicinity and groundwater level measurements taken during this investigation, we anticipate groundwater levels will be below the planned excavation limits. In addition, moisture contents of the near surface soils at the time of our investigation were typically below the optimum moisture content for the silt and sand soils, indicating the risk of disturbing the soils with construction traffic is low, assuming adequate drainage is provided. However, if construction is planned during the seasonally wet times of year (October through June), haul roads with a minimum gravel thickness of 2 ft will assist in protecting the underlying soils to traffic disturbance. Recommendations for the construction of haul roads and protecting subgrade soils are provided in the Recommendations section of this report. Earthwork We understand it is desirable to use on -site soils for the construction of Structural Fills and utility trench backfill. Near surface, on -site soils consisting of fine-grained, moisture -sensitive silt with varying percentages of sand, poorly graded fine-grained sand with varying percentages of silt, or silty clay is suitable for Structural Fill construction as long as the soils are free of organics or other deleterious materials, and cobbles and boulders larger than 6 inches maximum size. It should be realized that fine grained soils can be difficult to compact, particularly during wet or cold weather, limiting grading to the relatively dry and warm late spring, summer or early fall months. Compaction of fine grained soils should be accomplished when moisture contents are within 3 percent of the optimum moisture content as determined by ASTM D698. Observations during the subsurface and laboratory investigations revealed that the in situ soils are typically dry of the optimum moisture content as determined by ASTM D698, indicating water will likely need to be added to these soils and the soils will need to be moisture conditioned prior to compaction. In addition, the dry unit weight of the in -situ soils are typically less than the dry unit weight of the soil when compacted to the recommended nurtiniurn compaction percentage. Based on representative unit weights and moisture -density relationships, it appears a reduction factor of about 15 percent should be considered when calculating earthwork quantities. Use of on -site soils will be a weather - sensitive earthwork operation. Page 5 5ilverbroolc Estates Devalopment- Kalispell, fyVontana _ _ CMG EnRineering. Inc. Bridge Foundation Design Based on discussions with the project team and the anticipated allowable bearing pressures of shallow foundations, CMG recommends the use of foundation piles to support the proposed bridge abutments. Subsurface information from the borings in the vicinity of the bridge abutments (BR-1 through BR-4) indicate the underlying soils consist of silt and sand underlain by lean clay to a depth of more than 140 ft below the ground surface. Due to the lack of a dense soil or rock layer on which to found the piles, CMG evaluated the use of friction between the pile and soil to support the loads of the bridge abutments. Discussions with the project team and past experience indicate H-Piles, F P 12x53 or 12x63, are appropriate to support the design loads of the planned bridge. The H-piles were evaluated assuming the piles would be driven with an impact hammer as opposed to vibratory methods, and the minimum spacing between piles would be 3.5 pile widths. Based on the above assumptions and a Factor of Safety (FS) of 3.0, we recommend using an allowable load of 40 kips for a pile with an embedment in the soil of 60 ft, and 55 kips for a pile with an embedment of 80 ft. CMG recommends load testing a minimum of 3 piles following initial driving and "set tune". We anticipate it will take two to three weeks following initial driving for the soil pore pressures to dissipate at which time the piles will be at their full capacity. Load testing may also increase the allowable pile capacities by reducing the FS. Due to the complexity and economics of static load testing, CMG recommends using the restrike method with a pile driving analyzer and CAPWAP analysis to evaluate the driven piles. In the event that load testing is completed on a minimum of 3 piles at various locations and the load testing confirms CMG's assumptions, the FS can be reduced to 2.5, therefore increasing the allowable load on each pile and decreasing the total length of the designed piles. Utilities and Sanitary Sewer Lift Stations We understand that utility trenches will be backfilled with on -site native soils. Utility trenches and utility trench backfill constructed per Kalispell City Standards shall be adequate for the planned development. Utility trench backfdl shall be compacted to a minimum of 95 percent of the maximum dry density as determined by ASTM D698, in all settlement sensitive areas. In addition, maximum lift thicknesses shall not exceed 8 inches and the moisture content at the time of compaction shall be within 3 percent of the optimum moisture content as determined by ASTM D698. Depending on the location and depth ofthe utility trench, we anticipate moisture conditioning by adding water or drying the material will be necessary to achieve adequate compaction. Based on discussions with the project team at the time of this investigation, we understand the northern most planned lift station will extend to a depth of about 20 ft below the ground surface, and the southern most lift station will extend to a depth of about 30 ft below the ground surface. Observations during drilling and monitoring of the piezometers installed at the lift station locations, indicate the groundwater level at the north lift station is greater than 35 ft below the ground surface, and the groundwater level at the south lift station is about 23.5 ft below the ground surface. Seasonal groundwater fluctuations may affect the groundwater levels and they can be monitored by checking the installed piezometers at the lift station locations. Soils encountered at the lift station locations consist primarily of silt and sand with little cohesion underlain by silty clay or lean clay. Due to the groundwater level being above the bottom ofthe planned south lift station, dewatering and temporary Page 6 5ilverbroolc Estates Development - Kalispell, Montana CMS En ineerin" shoring should be considered necessary during construction. Exccnwtion and Lateral Earlh Pressures for Lifl Slations The stability of construction excavations and associated worker safety are the responsibility of the contractor in accordance with current OSHA regulations; this responsibility may require design by a registered professional engineer. Based on the predominant soil types and seepage encountered during our investigation, temporary construction excavations that are to be planned in accordance with OSHA provisions should assume Type C material conditions in the vicinity of the lift station excavations. Depending somewhat on the planned shoring method, we anticipate the use of active coefficients for calculating lateral earth pressures during design of temporary shoring. If planned shoring systems require the use of at -rest coefficients, CMG Engineering should be contacted to provide these values. Fluctuation of the groundwater level and construction sequencing should be considered during the design. Active lateral earth pressures can be calculated using the following rninimurn values for the active coefficient and the associated unit weights. The passive pressure coefficients should be considered maximum values. North Lift Station (assumes grou►adivater is below botto►n of e- cavation) 1. SAND (0 to 19 ft): K„ = 0.33, Unit Weight (moist) = 120 pcf Kp = 3.0, for passive resistance 2. Lean CLAY (19 to 30 ft): KA = 0.38, Unit Weight (moist) = 125 pcf KI, = 2.7, for passive resistance South Lift Station (assumes groundwater is at 20 ft below ground surface) 1. Silty SAND (0 to 14 ft): KA = 0.33, Unit Weight (moist) = 120 pcf Kp = 3.0, for passive resistance 2. Silty CLAY (14 to 35 ft): KA = 0.39, Unit Weight (saturated) = 125 pcf Kr = 2.6, for passive resistance A m€ iimufn uniform pressure of 200 psf should be added to the above design pressures to allow for surcharge effects during construction. Larger pressures may be necessary depending on the contractor's approach to the work. Sewer Lift Station Foundations The soils encountered at the sewer lift station foundation elevation consist of medium stiff silty clay and lean clay soils. In our opinion, a working pad should be provided below the planned foundation elevation of the lift station to aid in construction and provide a stable surface to support the planned construction. We recommend the silty clay and lean clay soils be excavated a minimum depth of 2 ft below the planned foundation elevation. Care should betaken to minimize disturbance of the native soils by dewatering to a depth at least 1 fl below the planned excavation limits and using an excavator equipped with a smooth -lipped bucket. Following excavation, we recommend a nonwoven drainage geotextHe fabric (Mirafi 140N or equivalent) be placed over the undisturbed silt soils, in all areas where the gravel working pad will come in contact with the native fine grained Page 7 5ilverbrook Estates Development - I(alispell, Montana CIVIC Engineering, Inc. soils. This will require extending the fabric up the sidewalls of the excavation to an elevation above the bottom of the footing. Following placement of the geotextile, we recommend placing a minimum 2 ftthickness of crushed, angular, open -graded gravel over the geotextile. The gravel shall have a minimum and maximum size of /4" and 1'/,", respectively. We recommend the gravel be placed in a single lift and compacted using vibratory techniques until well -keyed. Following compaction of the gravel working pad, the foundation for the lift station can be placed. It should be noted that dewatering points will need to be established outside of the foundation location to facilitate dewatering efforts after the foundation is placed. Dewatering to an elevation below the bottom of the foundation should be considered necessary until the excavation is backfilled up to the ground surface. Backfill materials shall consist of approved backfill materials per Item 2 of the Recommendations section of this report and be compacted to a minimum of 95 percent of the maximum dry density as determined by ASTM D698. Dewatering points should be properly abandoned after backfill operations are complete. Abandonment will depend on the diameter of the well points and will likely consist of backfilling with pea gravel. Slope Stability Assessment Signs ofrecent slope instability and land movement was observed in the vicinity ofthe slopes indicated on the Site Plans. Visual observations, modeling, and past experience indicate the slope failures are likely due to oversteepened slopes from past erosion of the river banks, increased groundwater levels at the time of failure, soil creep, and possibly erosion from surface water flowing onto the slope. It is likely that the flattening of slopes by past failures have generally aided in the stabilization of portions of the project area, although, caution is still required when developing near the crest of steep slopes. In addition, we understand a minimum set -back of 50 ft from the crest of the slope is being required for all building lots. In our opinion, a set -back distance of 50 ft is more than adequate for the slopes in the vicinity of the drainage that extends to the center of the site, and the slopes along the Stillwater River to the south of the drainage. However, the slopes steeper than 2H:1 V along the west property boundary, north of the existing drainage have Factors of Safety in the static condition of less than 1.2, and will likely fail during the design level earthquake. These slopes shall be regraded to provide an acceptable Factor of Safety against sliding during high groundwater conditions and the design level earthquake. Due to the evidence of past slope activity in this area and modeling of the relatively steep slopes, CMG recommends flattening the slopes steeper than 2H:1 V to at least 2.5H:1 V to reduce the risk of future movement. Structure setbacks in the vicinity of slopes of 2.5H: I V shall be 20 ft from the crest of the slope. In the event that flatter slopes are planned, CMG should reevaluate the recommended setback distance and we anticipate it will be reduced, if not eliminated. Page 8 Siiverbrook Estates Develoanpent - Kalispell, Montana CMG Engineering Inc. RECOMMENDATIONS 1.0 General Site Preparation 1.1 The removal of topsoil and other organic material, including the clearing and grubbing of surficial vegetation and root zones, should be accomplished within the construction zone prior to any earthwork construction. We anticipate an average stripping thickness of about 2.2 ft will be required to remove organic material and rooted zones. However, stripping thicknesses will likely fluctuate and could range from 0.5 to 4 ft thick. Following removal of surface organics, the underlying soils should be evaluated by a qualified geotechnical engineer for suitability as a subgrade material for Structural Fill, foundations, or roadways. The subgrade shall be scarified to a depth of about 8 inches, moisture conditioned to within 3 percent of the optimum moisture content and compacted to at least 95 percent of the maximum dry density as determined by ASTM D698. Following the evaluation, site preparation can proceed for earthwork, foundations and roadways. 1.2 Previously placed fill material, existing foundations and slabs, existing utilities to be abandoned (including septic tanks and drain fields), and all deleterious materials shall be removed within the construction zone. Following removal of these materials, the subgrade soils shall be prepared per Item l .1 and Structural Fill shall be placed and compacted per Item 2.2. 1.3 Surface drainage should be established to direct runoff away from the construction area. Ditching and detention/retentionponds with sump pumps may be needed to control the flow of surface runoff water. 1.4 Soils encountered atthe site are primarily fine-grained, moisture -sensitive soils that are easily disturbed by construction activities and traffic when moisture contents are greater than the optimum moisture content as determined by ASTM D698. Care should betaken to minimize construction traffic over moisture sensitive subgrade soils. During wet weather conditions, 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 compacted subgrade stripped of organics, it can be used as a portion of the subbase course for the roadways. 1.5 The stability of construction excavations and associated worker safety are the responsibility of the contractor in accordance with current OSHA regulations; this responsibility may require design by a registered professional engineer. Based on the predominant soil types encountered during our investigation, temporary construction excavations for dry conditions that are to be planned in accordance with OSHA provisions should assume Type B material conditions in silt soils, and Type C material in poorly graded sand soils. Actual subsurface conditions at the time of excavation should be observed by a geotechnical engineer to s Page 9 Silverbroolc Estates Development - Kalispell, Montana � -CMG Engineering, Inc. determine whether slope flattening, bracing or other stabilization is necessary due to seepage or other unexpected conditions. 2.0 Excavation, Earthwork, and Construction Materials 2.1 Based on the subsurface and laboratory investigations, we anticipate subgrade soil moisture contents will be less than or near the optimum moisture content for the soil in most areas. However, if the moisture contents of subgrade soils are greater than the optimum moisture content as determined by ASTM D698, track -mounted hydraulic excavators equipped with smooth -lipped buckets should be used to accomplish excavation to subgrade in all Structural Fill, roadway and foundation areas. The use oftrack-mounted equipment will reduce the risk of disturbing the underlying moisture -sensitive, fine-grained soils. Rubber -tired equipment, including graders and scrapers, used within 2 feet of subgrade elevation will greatly increase the risk of disturbing the underlying subgrade soils. 2.2 All Structural Fill planned for settlement sensitive areas shall be comprised of soils that are free of organics and deleterious materials. Structural Fill material shall be placed in no greater than 8-inch thick lifts and compacted to a minimum of 95 percent of the maximum dry density as determined by ASTM D698. In addition, the moisture content of the Structural Fill at the time of compaction should be within 3 percent of the optimum moisture content as determined by ASTM D698. Cobbles and boulders larger than 6 inches maximum size should not be used as fill material. Structural Fills should consist of on -site soils or be from a/material source approved by our geotechnical engineer and meet the following composition guidelines: The sand and gravel -size particles comprising the fill should be hard, durable rock materials that will not degrade by moistening or under mechanical action of the compacting equipment; i.e, not shale or other clayey rock types. • The binder/fines should have maximum Liquid Limit and Plasticity Index values of 25 and 10 percent, respectively. No frozen, organic, or other deleterious materials should be present in the Structural Fill. 2.3 Fill placement should be observed and tested by our geotechnical site representative. Any areas of rutting, excessive deformation, or other non -uniform performance should be moisture conditioned and recompacted, or removed and replaced, as recommended by our geotechnical engineer. 2.4 Utility trench back-511 material should be approved by our geotechnical engineer and be placed in uniform lifts of maximum 8-inch loose thickness and be compacted to 95 percent of the maximum dry density as determined by ASTM D698. On -site silt, silty sand, silty Page 10 Silverbrook Estates Development - Ka{�el1, Montana C[AG I-- -Ting, Inc.. clay, and poorly graded sand soils are acceptable for backfill purposes, provided the soils are compacted within 3 percent of the optimum moisture content and they are free of construction debris, and frozen or deleterious material. Cobbles and boulders greater than 6 inch maximum size should not be used as backfill material. Backfill should not be placed on frozen subgrade material or previously placed backfill that has frozen. 2.5 Unclassified fill or Structural Fill constructed on slopes steeper than 5H:1V should be benched into the existing grade as shown on Detail 1. Since it is difficult to compact the surface of fill slopes, we recommend that the slopes be overbuilt by 2 feet and trimmed back after construction to provide a surface that is more resistant to localized sloughing. In addition, cuts on slopes steeper than 5H:1 V shall be accomplished with an excavator equipped with a smooth lipped bucket to reduce the risk of disturbing the native soils when fine grading. 3.0 Bridge Foundation Design 3.1 Deep foundations using HP 12x53 or HP 12x63 piles should be advanced using an appropriate impact hammer. Vibratory methods to advance the piles should not be allowed. Minimum center to center spacing of the piles shall be 3.5d (3.5 times the width pile). Assuming a Factor of Safety of 3.0, we anticipate piles with an embedment of 60 ft will have an allowable capacity of 40 kips, and piles embedded SO ft will have an allowable capacity of 55 kips. Allowable lateral capacities applied in the direction perpendicular to the flanges of HP 12x53 piles driven to a depth of 60 ft will be 9 kips with anticipated deflections at the ground surface of about 0.2 inches. 3.2 We recommend load testing a minimum of 3 piles at least 3 days after installation to allow pore pressures created during the driving process to substantially dissipate. We anticipate up to 3 weeks for full dissipation of pore pressures; however, due to contractor schedules, costs associated with mobilization and demobilization of equipment, and the fact that the majority of "pile set" will occur within the first 3 days following driving, in our opinion, dynamic pile testing after 3 days is adequate. The recommended load testing method is using the restrike method with apile driving analyzer and CAPWAP analysis. CMG shall be given the opportunity to approve the load testing method and contractor prior to construction. We can assist with finding a load testing engineer/contractor if necessary. 3.3 We recommend our geotecluucal engineer observe installation of all piles to compare the driving conditions with those encountered during driving of the test piles. Assuming driving conditions are similar, and load tests confirm CMG's assumptions, we recommend reducing the Factor of Safety of 3.0 to 2.5; therefore, increasing the allowable capacity and likely reducing the total length of the piles. 3.4 Care should be taken to minimize disturbance to the silt and sand bearing surfaces in all foundation and pile cap areas. All footing excavations should be completed with an excavator equipped with a smooth -edged bucket operating from above or outside the bearing Page 11 Silverbrook Estates Development - Kalispell, Montana CMG Engineering, Inc. area. Footing surfaces should be cleaned of loosened or softened material prior to footing formwork or concrete placement. It may be desirable to place a 3 to 6 inch thick layer of 1'/! or 3/4 inch minus crushed rock base material over the fine-grained foundation soil s to reduce the risk of disturbing the soils during forming and rebar placement activities. The crushed rock should be compacted as Structural Fill per Item 2.9 3.5 Where the removal of unsuitable material is required, replacement Granular Structural Fill should be placed and compacted per Item 2.2 to attain foundation grade. Unsuitable materials include previously placed fill materials, soils with support capability less than the bearing values planned for a specific footing, and any saturated or softened/disturbed native soils that may occur due to isolated seepage, weather, or construction activities. 3.6 Continuous wall foundations shall be established on undisturbed stiff silt with sand or sand with silt. Footings canthen be designed with maximum allowable bearing pressures of 2,000 psf with an anticipated maximum settlement of 1 inch with maximum differential settlement being '/2 the total settlement value. Continuous wall footing foundations should have minimum footing widths of 18 inches. 3.7 All foundation footings for retaining walls and the bridge structure shall have a minimum embedment of 3.5 ft below exterior grades to establish frost protection. In addition, foundations should be established a minimum horizontal distance of 10 ft from the slope face. Horizontal distance from the slope face can be increased by deepening the footing elevation. 3.8 3.9 3.10 Lateral load resistance can be provided by friction acting along footing bases and passive pressure acting on the footing sides. For design purposes, the following parameters are appropriate: Material Friction Passive Resistance Coefficient (psf/ft depth) Silt with Sand 0.30 200* Sandy Gravel with Silt (Pit Run 0.45 250* mini_nium 1 ft depth) *Assumes foundation back -fill compacted per Item 2.4 Backfill compaction within 5 feet of foundation walls should be conducted using hand - operated tamping equipment only. Lateral earth pressure parameters for design of cantilevered retaining structures with adequate drainage behind the wall and back -filled in accordance with Item 2.4 are listed as follows for static conditions: Page 12 Silverbrook Estates Development - Kalispell, Montana _ CIAG Engineering ]nc. Active At -Rest Compacted Back ill Material Coefficient Coefficient Unit Weight On -site Compacted Silt 0.32 0.45 125 ncac parameters assume oramea nacKmi conditions. A minimum uniform pressure of 200 psf should be added to the above design pressures to allow for surcharge effects during construction. Larger pressures may be necessary depending on the contractor's approach to the work and if sloping backfill is planned. 4.0 Seismic Design 4.1 Seismic design following the static procedures outlined in the International Building Code maybe conducted using a Site Class E (2003 IBC). A site specific seismic hazard study will be necessary if dynamic procedures are to be followed. 5.0 Site Drainage 5.1 Finished site grades should be positively sloped away from foundation and backfill zones. Grading should be designed and maintained to route runoff away from the building areas. 5.2 Due to the sensitive nature of the relatively steep slopes, we recommend water from drains and gutters not be allowed to outlet on or near the slope. 6.0 Roadways and Pavement Areas 6.1 In preparation for base course placement, the subgrade should be scarified, moisture conditioned, and compacted to a minimum of 95 percent of the maximum dry density as determined by ASTM D698 to a minimum depth of 8 inches. In areas where the subgrade consists of Structural Fill, scarifying and recompacting the subgrade should not be necessary unless the subgrade has previously frozen or is disturbed due to construction traffic. Any areas where rutting, yielding, or other non -uniform subgrade performance is observed, should be repaired and improved as recommended by our geotechnical engineer. Compacted silt or sand are the assumed pavement subgrade materials. 6.2 Based on California Bearing Ratio tests conducted in our laboratory of the anticipated subgrade soils (Figures 48A and 49A), it is appropriate to use the recommended pavement sections in the City of Kalispell Standards of Roadway Design and Construction for this proj ect. Page 13 SiIverbrook Estates Den nv] - -i!ispeIL Itiontana CMG Cngineer�ng, lnc. 7.0 Exterior Concrete flatwork 7.1 Concrete flatwork that is allowed to move independently, such as sidewalks, typically have minimal damage of the concrete due to frost heave. As long as the concrete is allowed to raise and lower without being fixed at the edges, minimal cracking due to frost heave is anticipated. 7.2 To reduce the risk of frost heave occurring within the limits of the exterior concrete flatwork and affecting entryways and fixed concrete slabs, CMG recommends a combination of reducing water infiltration and removing some of the frost susceptible soils. CMG recommends reducing the amount of surface water infiltrating into the ground by collecting roof water in gutters and hard piping the runoff to an acceptable outlet approved by the Civil Engineer. Due to the presence of shallow groundwater in some areas of the project, CMG also recommends the frost susceptible subgrade soils be overexcavated to a depth of about 2 ft below the bottom of concrete elevation and backfilled with at least 18 inches of Structural Fill consisting of 3 inch minus "pit run" gravel with no more than 5 percent passing the No. 200 sieve, and compacted to a minimum of 95 percent of the maximum dry density as determined by ASTM D698. The upper 6 inches of base material below the concrete should consist of'14 inch to I inch open -graded angular drain rock. The drain rock shall be compacted using vibratory methods until well -keyed. 8.0 Construction Services and Quality Control 8.1 Geotechnical observation should be provided to monitor the site preparation, earthwork, utility construction, pile driving and foundation stages of construction. These geotechnical services should ascertain that subsurface conditions are reasonably consistent with those determined by our investigation, and should ascertain that site and foundation preparation are consistent with our recommendations. CONCLUSION The foregoing recommendations present our initial geotechnical input for design and construction of the project. In order for these recommendations to be properly incorporated in the subsequent design and construction stages we recommend that our geotechnical and construction materials engineering staffremain 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 of project plans, specifications and bid documents. Page 14 Silverbrook Estates Development - Kali s elf, Fontana _ CFG Engineenring Inc. L M TA,TIONS 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 design purposes and is not intended as a constriction or bid docurnent representing subsurface conditions in their entirety. The conclusions and recommendations presented are based upon the data obtained during the investigation as applied to the proposed design and construction details discussed in this report. The nature and extent of variations between the subsurface explorations may not become evident until construction. if variations are then exposed, it will be necessary to reevaluate the recommendations of this report. If changes in the concept and design data are planned, the recommendations contained in this report shall not be considered valid unless the changes are reviewed by our geotechnical engineer, and a written response is provided. Sincerely, John W. Ayers, P.E. Joshua C. Smith, P.E. Senior Materials Engineer Senior Geotechnical Engineer Page 15 t ••may Yi°S.y —� _ -! _r �.._F 1 S c'J M s, Cc�w Utz 4-1 20 Church Drive, v Approximate Site Location f i F LI `"`_+.. .,ram -_ : JY• ! --°4Km 0' ' "?Po1 image courtesy of the U.S. Geological Survey Project: Silverbrook Estates Job Number: 06-280 Kalispell, Montana Date: February 14, 2007 e " Vicinity Map w CMG Engineering, Inc. r Kalispell, MTV ' FIGURE I 77 P 11 2 ILI i J•rAMIN., Observed viden'ce of Recent Slope Activity ]Project: Silverbrook Estates Kalispell, Montana lowd Job Number. 06-280 Date: February 14,2007 Site Plan CMG Engineering, Inc. Kalispell, MT FIGURE 2 r CH�iRCf-r Dh, I T207.=-' _ T- - '-------- _-- OO Yl- FL Observed Evidence of Recent Slope Activity Project: Silverbrook Estates Job Number. 06-280 Kalispell, Montana Date: February 14, 2007 •r . Site Plan - NW Quarter r CMG Engineering, Inc. ._� Kalispell, W .- . !2ClUrec LOUD ?0'49'E------ Project: Silverbrook Estates Kalispell, Montana r. my Job Number: 06-280 Date: February 14, 2007 Site Plan - NE Quarter -- CMG Engineering, Inc, Kalispell, MT FIGURE 4 I rf-'RXIV� Project: Silverbrook Estates Job Number. 06280 Kalispell, Montana Date: February 14, 2007 Site Plan - SW Quarter CMG Engineering, Inc - Kalispell, MT FIGURE 5 C) TP-16 ------ S89'24'33;w 2525.66' Project: Silverbrook Estates Job Number: 06-280 Kalispell, Montana Date: February 14, 2007 Site Plan - SE Quarter CMG Engineeding, Inc. Kalispell, Aff FIGURE 6 Benching Detail for Fill Slopes Existing Ground Surface Fill SlnnP No Scale Intended Project: Silverbrook Estates Job Number: 06-280 Kalispell, Montana Date: February 14, 2007 - Bench I n- g-'We—tail-fo—r Fill Slopes - - CMG Engineering, Inc. r " Kalispell, MT Detail 1 w._1 APPENDI K A Field Explorations and Laboratory Testing Silverbrook Estates Development -Kalispell, Montana CMG Engineerin FIELD EXPLORATIONS A.NTD LABORATORY TESTING FIELD EXPLORATIONS General The subsurface materials and conditions at the site were investigated by CMG between November 14 and December 15, 2006, with 25 borings and 19 test pits, designated B-1 through B- 21, BRA through BR-4, and TP-1 through TP-19. The locations of the borings and test pits are shown on the Site Plans, Figure 3 through Figure 6. All field explorations were observed by an experienced engineer or geologist provided by our firm, who maintained a detailed log of the materials disclosed during the course of the work. The following subsections contain a detailed description of the field investigation completed for this project. Borings Borings B-1 through B-21 and BR-1 through BR4 were completed to depths ranging from 15.0 to 140.3 ft. The borings were drilled with hollow -stem auger techniques using atruck-mounted Mobile B-61 drill rig provided and operated by O'Keefe Environmental Drilling of Butte, Montana. Disturbed samples were obtained from the borings at 2.5- to 5-ft intervals of depth. Disturbed samples were obtained using a standard split -spoon sampler and undisturbed samples were obtained using a thin -walled shelby-tube sampler when deemed appropriate. At the time of sampling, the Standard Penetration Test (SPT) was conducted. This test consists of driving a standard split -spoon sampler into the soil a distance of 18 in. using a 140-1b hammer dropped 30 in. The number of blows required to drive the sampler the last 12 in. is known as the Standard Penetration Resistance, or N-value. The N-values provide a measure of the relative density of granular soils, such as sand, and the relative consistency or stiffness of cohesive soils, such as silt and clay. The soil samples obtained in the split -spoon sampler were carefully examined in the field, and representative portions were saved in airtight plastic bags for further examination and physical testing in our laboratory. Logs of the borings are provided on Figures 20A through 44A. Each log presents a descriptive summary of the various types of materials encountered and notes the depth where the materials and/or characteristics of the materials change. To the left of the descriptive summary, the numbers and types of samples taken during drilling operations are indicated. To the right, N-values are shown graphically, along with the natural moisture contents, Atterberg Limits, and Torvane shear strength values. Test Pits Test Pits TP-1 through TP-19 were completed to depths ranging from 9.5 to 11.0 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 IA through 19A. Each log presents a descriptive summary of the various types ofmaterials encountered and notes the depth where the materials and/or characteristics of the materials change. Page A-1 Silverbroolc Estates Deve4op_Dent - Kalish , Montana _ CMS Eneineerin� Inc. LABORATORY TESTING General All samples obtained from the subsurface explorations 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, Atterberg Limits, grain size analysis, moisture -density relationships, unit weight testing, and California Bearing Ratio (CBR) tests. The following paragraphs describe the testing prograrn in more detail. Natural Moisture Content Natural moisture content determinations were made in conformance with ASTM D2216. The results are shown on the boring and test pit logs, Figures IA through 44A. Atterberg Limits Atterberg Limits are defined as soil plasticity determined by the moisture range through which a soil passes from a plastic to liquid consistency. This test was conducted in conformance with ASTM D4318 and results are presented on test pit log10A and boring log 41A. Grain Size Distribution Grain size distributions indicate the percent by dry weight of clay, silt, sand, and gravel comprising the soil matrix. These test are conducted in accordance with ASTM D421/422 and results are presented on Figure 45A. 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 46A and 47A. California Bearing Ratio (CBR) The California Bearing Ratio test is conducted in general accordance with the procedures of ASTM D1883-99. The test is performed on a subgrade soil sample that has been compacted to 95 percent of the maximum dry density per ASTM D698, and allowed to soak in water for a three-day period in a standard 6-inch diameter mold. A surcharge weight of 10 pounds (50 psf) is maintained on the sample during the soaking period to simulate the pressure that will exist on the subgrade due to the pavement structure. This pressure will tend to reduce swell and increase bearing capacity similar to the pavement. After the soaking period, any swelling of the sample is measured, and the bearing test performed by forcing a piston with an end area of three square inches into the sample Page A-2 5ilyerbrook Estates ❑evelca tnent - l(aiis ell, Montana .1AG Engineering Inc. while measuring stress and strain. The data is ffic.i compared with similar standardized results for tests on high -quality crushed aggregate. The bearing ratio is determined by comparing the stress required fbr 0.1-inch penetration of the soil sample versus the standard 1,000 psi stress required for the same penetration of the crushed aggregate. The results of these tests have been presented on Figure 48A and 49A of this report. Page A-3 TEST P17 LOG PF1 =. s� Za. w _J W O LIL b " m 4 W S r 1— m ❑ ED <go 0 PROJfECT: Silverbrook Estates PROJECT NO,.- 06-280 CLIENT: CTA LandWorks Group DATE: December 15, 2006 LOCATION: See Site Plan ELEVATION: 3,013 ft SUBCONTRACTOR: Ragan Excavating LOGGED BY: Jeffrey Schmidt METHOD: CASE 590 Super L Extend -A -Hoe MATERIAL DESCRIPTION .11 0.0 ; j ; �� SILT; medium stiff, moist, abundant organics, dark P i I + I,j�JJY brown, cultivated zone to 12 inches (Topsoil) S_1 1' Sandy SILT; medium stiff, moist, sand is fine grained, dark brown - 2.5 S-2 2.7 Poorly Graded SAND with Silt; loose to medium dense, tP tP sand is fine grained, brown m A m i0 RS-3 4.5 m 5 S-4 5.6 N- 4, r t- 7.5 -10 -12.5 -15 17.5 Silty CLAY; medium stiff, moist, brown, gray, and pinkish -brown Laminated Glacial Lakebed deposits) SILT with Sand; medium stiff to stiff, moist, sand is fine grained, Iight brown and gray mottled rust Bottom of Test Pit TP-1 @ 9.5 ft. Groundwater not encountered GW; TEST RESULTS Plastic Limit i Water Content -% (percent) Liquid Limit Figure 1A PAGE 1 of 1 CMG Engineering, Inc. LOG PROJECT. SiNerbrook Estates PROJECT NO.: 06-290 TEST � CLIENT: CTA LandWorks Croup DATE: December 15, 2006 LOCATION: See Site Plan ELEVATION: 3,007 ft TP-2 SUBCONTRACTOR: Ragan ExcavatinE LOGGED BY: Jeffrey Schr METHOD. CASE 590 Super L Extend -A -Hoe GW FJc Ilf•�USihvLnrolSw s talc Primal: JlS/111U7 — W Z w -- T T RESULTS w w m N MATERIAL DESCRIPTION plastic Llmit t Liquid Limit �' "- Water Content 0 (percent) 10 20 30 40 50 60 70_ 80 90 PI 0.0 •JJJJJ ;.... SILT; medium stiff, moist, abundant organics, dark J! J J J J brown, cultivated zone to 12 inches (Topsoil) JJ! ! J J J J J y 44 !l JJ JJ "J." Topsoil unit contains some fine grained sand below 2 ft. XS-1 J J J J J ,JJJJJ JJJJJ a V 2.5 — JJJ! J J J J J A JJJJ.14 iA A . X S-2 3.51111111, J J J J J r SILT; medium stiff, moist, gray X S-3 4.0 ;:::; Poorly Graded SAND with Silt; loose to medium dense, b S-4 4.5 sand is fine rained, brown -5 Silty CLAY; medium stiff to stiff, moist, brown, gray, and pinkish -brown (Laminated Glacial Lakebed deposit., G m Interbedded with silt and lean clay lenses A 43 ° - 7.5 - v 0 A m .a 00 a " -10 10. 4-1 12.5 ;u 6 a r 0 -15 m A F 17.5 Bottom of Test Pit TP-2 @ 10.0 & Croundivaler not encountered. Test Pit located in bottom ofnilale area. Figure 2A PAGE 1 of 1 CMG Engineering, Inc. 0 TEST PIS` LOG PROJECT: Silverbrook Estates PROJECT Nr0- 06-290 CLIENT: CTA LandWorics Group DATE- December 15, 2006 LOCATiON: See Site Plan ELEVATION: 3,007 ft TP-3 SUBCONTRACTOR: Ragan Excavating _ LOGGED BY: Jeff -re Schmidt METHOD: CASE 590 Super L Extend -A -Hoe w � ILw MATERIAL DESCRIPTION o" < < o 0 SILT; medium stiff, moist, abundant organics, dark brown, cultivated zone to 12 inches (Topsoil) JJJJJ J JJJJJ 2.5 41 F 7.5 -10 -12.5 -15 17.5 S-1 1 1.8 Silly SAND; medium dense, damp, fine grained sand, gaY S-2 3.5 Poorly Graded SAND; loose to medium dense, sand is fine grained, brown intermittent layers of silt and silty clay, up to 4 inches thick 10.7 Bottom of Test Pit TP-3 @ 10.7 ft. Groun&twler not encountered TEST RESULTS Plastic Limit 1 Liquid Limit+ Water Content 0 (percent) ID 20 an An An Fn 7n an nn figure F/Aut1 ofI CMG Engineering, Inc. LOG PROJECT: Siilverbrook Estates PROJECT KC.-06-290 � � CLBENT: CTA LandWarks Group DATE: December 15, 2006 LOCATION: See Site Plan ELEVAT6ON; 3,010 ft ��m SUBCONTRACTOR: Ragan Excavating LOGGED Biro .IeFfrey Sch _ METHOD: CASE 590 Super L Extend -A -Hoe 7xll SilrnhnmlIlmc Pnmol271 SllIlU7 GW.- - z z zr a W W ~ J_w W a W w o 0 a 4 n' MATERIAL DESCRIPTION 41 0.0 j SILT; medium stiff, moist, abundant organics, dark brown, cultivated zone to 12 incises ('Topsoil) J J J J J J S-1 1.5 J To soil unit contains some fine gained sand below 0.5 ft Poorly Graded SAND; medium dense, damp to moist, - 2.5 fine grained sand, brown to light brown - 6 inch thick fine to coarse gravel lense between 3.5 and 4 ft m ro 9 _ 5 intermittent silt and silty clay layers up to 4 inches thick m ® S-2 between 4 and 5 ft H scattered fine gravel below 5 ft a v - 7.5 1 v I-10 1 I I y v� Bottom of Test Pit TP-4 @ 9.5 ft. 12.5 15 17.5 Ground}eater not encountered. TEST RESULTS Plastic Limit a—- ! Liquid Limit Water Content 0 (percent) 1.0 20_1_30 40 50 60 70 80 90 Figure 4A PAGE 1 of 1 CMG Engineering, Inc. TESL` PIT LOG PROJECT.- Silverbrook Estates PROJECT N,0-- 06-280 CLIENT. CTA L,andWorks Group DATE December 15, 2006 LOCATION: See Site Man ELEVATION: 3,009 ft TP-5 SUBCONTRACTOR: Ragan Excavating LOGGED BY: .Jeffrey Schmidt METHOD: CASTE 590 Super L Extend -A -Hoc IRlI Sil,rr}mnl i:aanics i7alC iYinlnl GW: W �n- Q to 12 0 m 0 g a N U) MATERIAL DESCRIPTION RO + J M J J J SILT; medium stiff, moist, abundant organics, dark m 5-1 m brown, cultivated zone to 12 inches (Topsoil) 1.0 a ° ATo2soil unit contains some fine i-nined sand below 0.5 f m " SILT with Sand; medium stiff, moist, brown and gray 2.5 intermittent silt and silty clay layers, up to 4 inches thick t, A5 2 3.6 Sandy SILT; medium stiff, moist, fine grained sand, gray b mottled rust r. f- 7.5 WI. -• 10 - 12.5 -15 • 17.5 10.01 Bottom of Test Pit TP-5 @ 10.0 ft. Groun&aler not encountered. TEST RESULTS Plastic Limit j { Liquid Limit Water Content a (percent) iQ 20 36 4n fin Fn 7n nn an Figure 5A PAGE 1 of 1 CMG Engineering, Inc. k TES- PIT LOG PROJECT: Silvcr-brool€ Estates PROJECT CEO.— 06-280 CUENT: CTA LandWorks Group DATE: December 15, 2006 LOCAT6ON: See Site Flan ELEVKTION— 3,011 ft SUBCONTRACTOR: pagan Excavating LODGED BY: Jeffrey Sch- METHOD: CASE 590 Super L Extend -A -Hoe . ��� Fik OG2ll0 5il-6mak Esioln Dade PriujaJl3nno7 GW: _ o m ¢ < N z a t° = _ o J W °w MATERIAL DESCRIPTION TEST RESULTS Plastic Limit t Uquid Limit Water Content Q (percent) 10 20 30 40 50 60 70 80 9D - 2.5 5 7.5 S-2 0.0 1.5 4.5 J J J J J J J J J J J JJJ JJJ JJJJJJ SILT; medium stiff, moist, abundant organics, dark brawn, cultivated zone to 12 incites (Topsoil) Ta sail unit contains some fine grained sand below 0.5 ft Y Sandy SILT; medium stiff, moist, fine grained sand, brown intermittent silt and silty clay layers, up to 4 inches thick Poorly Graded SAND with Silt; medium dense, moist, fine grained sand, brown interbedded with silty sand, silt and silty clay layers up to 4 inches thick i I ' I ` -10 -12.5 -15 17.5 10.i5 Bottom of Test Pit TP-6 @ 10.0 ft. Groundwater rrol encounlered Figure 6A PAGE 1 of 1 CMG Engineering, Inc. TES` PIT LOG TP-7 W $ _ m W - L L JT ov N IL con" L in V I : �SiIverbrook Estates PROJECT WO.- 06-290 CLIENT: CTA LandWorks Croup DATE: December 15, 2005 LOCATION: See Site Plan ELEVATION: 3,009 ft SUBCONTRACTOR: Ragan Excavating LOGGED BY: Jarftey Schmidt METHOD: CASE 590 Super L Extend -A -Hoe MATERIAL DESCRIPTION i 0 0 ...... SILT; medium stiff, moist, abundant organics, dark ® ;__ brown, cultivated zone to 12 inches (Topsoil) 44 0 - ✓JJ� J J ✓ ✓ J ✓ JJ✓✓J.e Topsoil unit contains some fine grained sand below 0.5 P- J ✓ ✓ ✓ J ✓ J ✓ ✓ ✓J�r 2.5 S-1 2. G m r m A " S-2 4.5 5 C m A O e t-- 7.5 -10 10. - 12.5 -15 17.5 SILT; medium stiff, moist, gray interbedded with silty clay layers SILT with Sand; medium stiff, moist, brown and gray mottled rust Bottom of Test Pit TP-7 @ 10.5 ft. Groundii,ater nol encountered G W: PEST RESULTS Plastic Limit Water Content 0 (percent) Liquid Limit Figure 7A PAGE 1 of 1 CMG Engineering, Inc. Y TEST PIT LOG PROJECT: Silver -brook Estates PROJECT KIGe; 06-280 CLIEl017o C T A LandWorks Croup DATE; December 15, 2006 LOCATION. See Site Plan ELEVATION: 3,010 ft SUBCONTRACTOR: Ragan Excavating LOGGED BY.- _ Jeffrey Soh - METHOD: CASE 590 Super L, Extend -A -Hoe �-� r-,wn n�r,;w� �isn_um GW- s .— EL o v W < 0 s " a o v 0 0. `� MATERIAL DESCRIPTION TEST RESULTS Plastic Limit Liquid Limit Water Content 0 (percent) 10 20 3U 40 50 60 70 130 90 a - 2.5 -5 - 7.5 10 X 5-2 S-3 2.0 JSandy _ IJJ✓J • SILT; medium stiff, moist, abundant organics, dark brown, cultivated zone to 12 inches (Topsoil) To soil unit contains some fine grained sand below 0.5 fit SILT; medium stiff, moist, gray SILT; medium stiff, moist, fine grained sand, brown and gray mottled rust below 5 ft ' f i t i 5 — 12.5 15 - 17.5 10.5 Bottom of Test Pit TP-8 @ 10.5 ft. Grounalvater not encountered. Figure 8A PAGE 1 of 1 CMG Engineering, Inc. TEST PIT LOG TP-9 PROJECT. Silverbrook Estates PROJECT 1140.. 06-280 CLIENT. CTA LandWorks Group BATE: December 15, 2006 LOCATION: See Site Plan ELEVATION: 3,008 ft SUBCONTRACTOR: man Excavating LOGGED BY: JeffTey Schmidt METHOD: CASE 590 Super L Extend -A -Hoe _� g z =� W o a o MATERIAL DESCRIPTION 0 ® 0 0.0 SILT; medium stiff, moist, abundant organics, dark brown, cultivated zone to 12 inches (Topsoil) t w Topsoil unit contains some fine below 0.5 p aJJJJJ grained sand S-1 2.0 Silty SAND; medium dense, moist, fine grained sand, 2.5 I ight brown A m A b 5 14 d ` J, c � A Y ° 7.5 S-2 8.0 Silty CLAY; medium stiff to stiff, moist, brown, gray, and pinkish -brown (Laminated Glacial Lakebed deposits Interbedded with silt and lean clay lenses -10 11 -12.5 -15 • 17.5 Bottom of Test Pit TP-9 cr 11.0 ft. Groundwater nol encountered. TEST RESULTS Plastic Limit i Liquid Limit Water Content 0 (percent) Figure 9A PAGE 1 of 1 -- CMG Engineering, Inc. r �s TEST PIT LOG PROJECT.- Silver -brook Estates PROJECT [\10�0 06-280 CLIENT. CTA LandWorks Group DATE- December 15. 2006 LOCATION: See Site Plan ELEVATION: 3,033 ft SUBCONTRACTOR: Ragan Excavating LOGGED BY: Jeffey S_clllr METHOD. CASE 590 Super L Extend -A -Floe TP-10 do uG-- 0 5Ll-t.,ak Ec1.� nunvo GW: o� (D ' q J ino z W = _� —a,c n MATERIAL DESCRIPTION TEST RESULTS Plastic Limit i I Liquid Limit Water Content 0 (percent) 10 2l7 34 A{3 5f} 60 7n 8ii 9© _ 0 - 2.5 - 5 - 7.5 - 10 S-1 S-2 O.D 1.0 4.2 JJJJJJ vs� SILT; medium stiff, moist, abundant organics, dark brown, cultivated zone to 12 inches (Topsoil) LTosail unit contains some Fine Rrained sand below 0.5 ft - SILT; medium stiff moist, brown interbedded with sandy silt and silty clay layers, up to 4 inches thick f f i. i Silty SAND; medium dense, moist, fine grained sand, gray and brown silt content decreases with depth -12.5 15 -17.5 10.0Bottom - of Test Pit TP-10 @ 10.0 & Groundvvater not encountered. Figure 10A PAGE 1 of 1 CMG Engineering, Inc. TEST PIT LOG TP®1 I a W w aZ' -jW W v a W tE m n N N 0 � 0,O JJJJJ � � ✓ J J J ✓ m 11h11 JJJJJ JJJJ JJJJJ o S-1 1,3 y - ;1 2.5 a V m A 5 0 pHH� r S-2 6.0 . . m A 7.5 - r L-� -10 -12.5 •15 17.5 1 PROJECT: Silverbrook Estates PROJECT �r'0.° 06-280 CLIENT: CTA LandWorks Group DATE: December 15, 2006 LOCATION- See Site Plan ELEVATPONI: 3,005 ft SUBCONTRACTOR: Ragan Excavating LOCOED BY: Jeffrey Schmidt METHOD: CASE 590 Super L Extend -A -Hoe GW: MATERIAL DESCRIPTION SILT; medium stiff, moist, abundant organics, dark — brown, cultivated zone to 12 inches (Topsoil) ,Topsoil unit contains some fine =rained sand below 0.5 SILT; medium stiff, moist, gray interbedded with silty clay layers SILT with Sand; medium stiff, moist, fine grained sand, brown and gray sand content increases with depth Bottom of Test Pit TP-I I @ 10.0 ft. Grouna►t,oler not encountered. TEST RESULTS Plastic Limit Water Content 0 (percent) 10 20 30 40 5n F;n Liquid Limit gure I It-� rHut 1 of I CMG Engineering, Inc. i w 0 0 tn m A m V m 41 m N 2 m A 0 e a 0 .0 m C b +i W 4J a 49 1 0 G O it TEST �' T LOG f�'RQJECT: Silverbrook Estates PROJECT [40�.: 06.-280 CLIENT: CTA LandWorks Group DATE: December I5, 2006 LOCATlOkr: See Site Platt ELEVATE ON: 3,010 ft SUBCONTRACTOR. Eagan Excavating LOGGED BY: JefOey Sclt- F: METHOD: CASE 590 Super L Extend -A -Hoe - - GW: 7.0 12-15. TP-12 Fik.OL.INIISihvmvu4&Wn Mk Pricinl-JIinPUl _ w v r Uj " z a = w a) Y w N MATERIAL DESCRIPTION TEST RESULTS plastic Limit t Liquid Limit Water Content G (percent) 10 20 30 40 50 60 70 80 90 O - 2.5 S-1 O.D,J✓JJJ 1.0 JJJJJ J J J J J JJ SILT; medium stiff, moist,abundant organics, dark brown, cultivated zone to 12 incites (Topsoil) LT02soil unit contains some fine grained sand below 0.5 ft Poorly Graded SAND; medium dense, damp, fine grained sand, brown 5 7.5 -10 - 12.5 -15 -17.5 x x S-2 S-3 3.5 10.5 SILT; medium stiff, moist, gray mottled rust interbedded with silty clay, lean clay, and sandy silt layers up to 4 inches thick saturated below 7 ft I t — - Bottom of Test Pit TP-12 c� 10.5 ft. Cround►t)aler seepage observed at 7.O ft. Side)valls of test pit cave belotiv 7.O ft, Figure 12A PAGE 1 of 1 CMG Engineering, Inc. P `EST PIT LOG TF-i3 r� F- W W - w taii� a wA La fn o_ m 0 PROJECT, Silverbrook Estates PROJECT NO.' 06-280 CLIENT. CTA LandWorks Group DATE: December I5 2006 LOCATION: See Site Plan ELEVATION- 3,030 ft SUBCONTRACTOR: Ragan Excavating LOGGED BY: Jeffrey Schmidt METHOD: CASE 590 Super L Extend -A -Floe T' MATERIAL DESCRIPTION SILT; medium stiff, moist, abundant organics, dark brown, cultivated zone to 12 inches (Topsoil) J J.e uJ o X S-1 1.2 m To soil unit contains some fine rained sand below 0.5 2.0 SILT; medium stiff, moist, gray -d 2.5 M. interbedded with sand silt levers a Silty SAND; medium dense, damp, fine grained sand, A brown and gray m b v I interbedded silt and silty clay layers to 2 inches I; 5 up thick m u J S-2 m A 0 [ 7.5 0 Bottom of Test Pit TP-13 43 @ 11.0 ft. 17.5 Groundivaler not encountered. TEST RESULTS Plastic Limit (--- — Water Content 0 (percent) Liquid Limit Figure 13A PAGE 1 of 1 CMG Engineering, Inc. OG PROJECT., SilyerbrooL Estates PROJECT ND� —. 06-290 TEST PIT �` CLIENT' CTA Land`Ji/orlcs Croup BATE: December 15, 2006 LOCATION: See Site Plan ELEVA710[4: 3,008 ft SUBCONTRACTOR: Ragan Excavating LOGGED BY. Jeffrey Sch• f ® METHOD: CASE 590 Super L Extend -A -Hoe Fk. Ix.xn sit, crh 1 Cswlcs trwPrmu1Jsnnu7 GW o _ ¢ Z = w TEST RESULTS IL N a a d y a MATERIAL DESCRIPTION o ¢ a cn Plastic Limit Liquid Limit Water Content 0 (percent) 10 20 30 40 50 60 70 80 90 - 0 SILT; medium stiff, moist, abundant organics, dark ... brown, cultivated zone to 12 inches (Topsoil) 44 "J Topsoil unit contains some fine grained sand below 0.5 ft d 5-1 2.0 Poorly Graded SAND with Silt; medium dense, moist, n 2.5 brown , Y interbedded with sandy silt layers m Id A - 5 IAI 5-2 4.5 . . Sandy SILT; medium stiff, damp, fine grained sand, brown mottled rust u - interbedded silt and silty clay layers up to 2 inches thick m - A y 0 - 7.5 v 0 x m b a m .0 a V -10 y 0 Bottom of Test Pit TP-14 @ 10.0 ft. 0 5- 17.5 Groundii,aler not encountered Figure 14A PAGE 1 of 1 CMG Engineering, Inc. TEST PIT LOG TP-1 5 w O l a- m J w a H ... W J W O a W n m ® tJ i < ❑�. w� PROJECT: Silverbrook Estates PROJECT FCC.-, 06-280 CLIENT: CTA LandWorks Group DATE: December 15, 2006 LOCATION: See Site Plant ELEVATION: 3,006 ft SUBCONTRACTOR: Ragan Excavating LOGGED BY, 3effrey Schmidt METHOD: CASE 590 Super L Extend -A -Hoe GW_-4 - MATERIAL DESCRIPTION SILT; medium stiff, moist, abundant organics, dark brown, cultivated zone to 12 inches (Topsoil) Y JJJ JJy w - O JJJJJ Topsoil unit contains some fine grained sand below 0.5 2.5 S-1'0Cl JJ SILT; medium stiff, moist, gray interbedded with sandy silt layers A, S-2 3.5 TSandy SILT; medium stiff, damp, fine grained sand, 0 brown mottled rust a ' v -5 4j u m a 4J 0 e L- 7.5 T3 a m 15 10. ,1 _ b 8 0 12.5 m w 0 d 15 - 17.5 interbedded silt and silty clay layers up to 2 inches thick Bottom of Test Pit TP-15 @ 10.0 ft. Groundwater not encountered TEST RESULTS Plastic Limit i Liquid Limit Water Content ® (percent) 10 20 36 4n -qn fin 7n nn nn Figure 15A PAGE 1 of 1 CMG Engineering, Inc. TEST PIT LQ-G rar. or-78u5B1c kaa 1. i Ln _ Ir O I— w IL J W E a m 0 4J p y 0 0 yX S-1 n 2.5 M A A - 0 - 5 S-2 0 H - QI A oX S-3 v - 7.5 m v ,3 P. " -10 m y 4 D - 11 - C. m 12.5 c 4J M- w 0 m 15 17.5 M J W LU o 0.0 JJJJJ J J J J J J J J J i .JIJ JJJ J J J J J i 1.7 7.0 10. FROJECTo Si[VSrC3r00iCEStatt3 M PROJECT NO,: CLIENT: CTA LandWorks Group _ DATE: December LOCATION: See Site Plan ELEVOATIONP- SUBCONTRACTOR.- RMan Excavating LOGGEDBY: METHOD, CASE 590 Super L Extend -A -Hoe G11i1: - TEST REST [ MATERIAL DESCRIPTION plastic Limit 1 --t Liquid Limit Water Content ID (percent) 10 20 30 a0 50 sn 7n Rn 4n SILT; medium stiff, moist, abundant organics, dark brown, cultivated zone to 12 inches (Topsoil) Topsoil unit contains some fine grained sand below 0.5 ft Poorly Graded SAND with Silt; medium dense, moist, brown interbedded with sandy silt layers SILT; medium stilt, moist, gray and brown interbedded sandy silt and silty clay layers up to 2 inches thick Bottom of Test Pit TP-16 @ 10.0 ft. Groundivater not encountered Figure 16A PAGE 1 of 1 CMG Engineering, Inc. TEST PIT LOG TP-17 ¢ Z = ~ w w ~ a w J W a � v °1 L� m 0 PROJECT: Silverbrook Estates PIRCdECT .NEB.:--06-290 CLIENT: CTA LandWori s Group DATE: December 15. 2006 LOCATION: See Site Plan ELEVATION: 3,014 ft SUBCONTRACTOR: Ragan Excavating LOGGED BY: .1�, Schmidt METHOD: CASE 590 Su er L Extend -A -Hoe GW: S ft 12-15-06 TEST RE5ULT5 MATERIAL DESCRIPTION m 0.0 ; 1; 1 1? SILT; medium stiff, moist, abundant organics, dark - brown, cultivated zone to 12 inches (Topsoil) � J W JJ✓ Topsoil unit contains fine some grained sand below 0.5 , J1 0 JJJJJ ✓JJJJJ - 2.5 J - 2.6 Poorly Graded SAND with Silt; medium dense, moist, brown t S-1 3.4 A W 5 - ° N 1 C .1 m 10 10. x a [7 yyO{{ 0 15 a interbedded with sandy silt la ers SILT; medium stiff, moist, gray and brown mottled rust interbedded sandy silt and silty clay layers up to 2 inches thick frequency of sand layers tends to increase with depth Bottom of Test Pit TP-17 @ 10.0 ft. GrounaWarer seepage observed at 8 fl. Srdeivalls cave below 8ft. Plastic Limit 1 Liquid Limit Water Content -W (percent) 10 2030 _..40 50 60 70 8n an Figure 17A PAGE 9 of 'I ngineering, Inc. ITE-i8T PIT LUG s z� ¢ in Z = uj �w o a ❑�- 0 N w ❑ a' � - PROJECT' Silycrbrook- Es-LQtes P I�-'C,jECT i r0 o � 06-290 CLIENT' CTA LandWorks Croup DATE: December 15, 2006 LOCATION: See Site Plan ELEVAFlONI-: 3,012 ft SUBCONTRACTOR: Ragan Excavating LOGGED BY: Jeffrey Seta•'-4t METHOD, CASE 590 Super L Extend -A -Hoe - - TEST RESULTS MATERIAL DESCRIPTION Plastic Limit i Liquid Limit Water Content AD (percent) 10 20 30 40 50 60 70 80 9n H0.0 ;,;;,, SILT; medium stiff, moist, abundant organics, dark S-1 brown, cultivated zone to 12 inches (Topsoil) X 44 J J To soil unit contains some fine grained sand below 0.5 ft Poorly Graded SAND with Silt; medium dense, moist, � l e 2.5 brown � I S-2 interbedded with silt and silty clay layers up to 4 inches K m thick A A v 5 6.0 SILT; medium stiff, moist, gray and brown mottled rust a a_ F interbedded sandy silt and silty clay layers up to 2 inches d 7 5 thick 0 V S-3 MEEEEffl 17.5 Bottom of Test Pit TP-18 a 10.0 ft. Gruundmater not encountered Figure 1$A PAGE 1 of 1 CMG Engineering, Inc. +1 15 TEST PIT LOG i - s R HF-INV bill abewL "ihjG D-1l Ir 10 F W Z _ Jw m � W � a Lu w ❑ m ❑ y 0 2.5 5 7.5 ate] aml �15 17.5 PROJECT: SiNerbrook Estates PROJECT NO.- 06-280 CLIENT: CTA LandWorks Group DATE: December 15, 2006 LOCATION: See Site Plan ELEVATION: 3.014 ft SUBCONTRACTOR: Ragan Excavating _ LOGGED BY: Jeffrey Schmidt METHOD: CASE 590 Super L Extend -A -Floe MATERIAL DESCRIPTION 0.0 SILT; medium stiff, moist, abundant organics, dark lJJJJJ brown, cultivated zone to 12 inches (Topsoil) JJJJJJ Topsoil unit contains some fine grained sand below 0.5 ft JJ✓JJJ 5-1 2.0 J�Vgray lty CLAY; medium stiff, moist to very moist, brown, and pinkish -brown S 2 3,7 : Poorly Graded SAND with Silt; medium dense, moist, fine grained sand, brown interbedded layers of silt and silty sand up to 2 inches thick S-3 10.5 Bottom of Test Pit TP-19 @ 10.5 ft. Groundwater not encountered GW: TEST RESULTS Plastic Limit ,— Water Content 0 (percent) 10 20 30 4t7 50 sn Liquid Limit I MG Engineering, Inc. m 4J 0 m w O i i BORUNG LOG PROJECT'. SilyerbrookEstates PROJECT NhCoe 06-290 CLIENT: CTA LandWorks Group DATE: December 4, 2006 LOCATION: See Site Plan ELEVATION: 3,007 ft DRILLER; O'Keefe Drilling- Dave Crowley LOGGED BY: Jeffrey Sc h t METHOD: Hollow -stem Auger GW: g 12.9 ft 1-15-0 ^ GW(2): B-1 rx< urxxu swze-=L Eml� _ ua� Prima 2115n0m_ _ ^ m w m ❑� it W ; o. W N = . m w v ❑ � —' a N MATERIAL DESCRIPTION TEST RESULTS Plastic Limit F Liquid Limit water content (percent) 9 N-values ♦ (Blows per foot) 10 20 30 40 50 60 7D 90 90 - 0 5 10 15 S-1 5-2 S-3 SA S-5 S-6 0.0 0•13 ; a ; SILT; medium stiff, moist, abundant organics, dark brown, cultivated zone to 12 inches Tfl soil Silty SAND; loose, moist, fine grained sand, brown mottled rust below 6.5 ft saturated below 10.2 ft _ i ti s i i 20 25 30 - 35 5-7 S-8 S-9 1 B.D 30.5 Lean CLAY; soft to medium stiff, saturated, brown, gray and pinkish -brown interbedded with layers of silt, sandy silt, and silty clay, layer thicknesses range from laminated to 2 inches thick ti ti Bottom of Boring B-1 @ 30.5 ft. ?" diameter PVCpipe installed to depth of about 30 fl to conduct periodic groundwater measurements. Figure 20A PAGE 1 of 1 CMG Engineering, Inc. BORING LOG F^ w o- a ,,, o- (1)W JW O m O v N m W m 0 0 PROJECT. Siiverbrook Estates CLIENT: CTA Landt%J_orks Croup_ LOCATION: See Site Plan DRILLER: O'Keefe Drilling- Dave Crow METHOD: Hollow -stem Auaer MATERIAL DESCRIPTION di 43 S-1 0.0 SILT; medium stiff, moist, abundant organics, dark m JJJJJJ brown, cultivated zone to 12 inches (Topsoil) m 43 S-2 2.1 °' �To soil unit contains some fine rained sand below 0.5 D _ > S-3 Silty SAND to Sandy SILT; loose to medium stiff, fine - 5 grained sand, brown W �f■IRK-! .Q I 1 �I•�111E� 15 - 20 - 25 - 30 -35 I 1 1 15, 5,1" ___ mottled rust below 6.5 ft interbedded with layers of silty clay and lean clay below 10.4 ft saturated below 12 ft Bottom of Boring B-2 @ 15.5 ft. PROJECT NO.-, 06-290 _ DATE: December 4, 2006 _ ELEVA71!ON: 3-012 ft LOGGED BY: Jeffrey Schmidt GW: g G (2): TEST RESULTS Plastic Limit - ; Liquid Limit Water Content ® (percent) N-values A (Blows per foot) 1020 3n an sn sn 7n nn nn Groundwater encountered; hmvever, not measured due to time required for equilibration. Pie=ometers installed in Borings B-1, B-8, B-1 1, and B-20. Figure 21A PAGE I of 1 CMG Engineering, Inc- 0 p��`` B O R k�' LOG PROJECT: Silverbrook Estates PROJECT" C�iC��.o 06-250 CLIENT: CTA LandWorks Group DATE-. December 4, 2006 LOCATION: See Site Plan ELEVATi GON: 3,012 ft DRILLER: O'Keefe Drilling - Dave Crowley LOGGED BY: Jeffrey Sch- °t METHOD. Hollow -stem Auger GW. GW(2): B-3 File o�r���;;�lsn_uu� s ^ w w La 3 a N = ^ W ❑ — o a MATERIAL DESCRIPTION TEST RESULTS Plastic Water N-values 10 Limit Content 20 ♦ 30 Liquid SO Limit 90 @ (Blows 40 (percent) per 50 foot) 60 70 —0 - 5 10 -15 - 20 - 25 - 30 - 35 S-1 5-2 S-3 S-4 S-5 S-6 0.0 2.1I: 3.5io 15.0 - xxoo 91 .. : 0 SILT; medium stiff, moist, abundant organics, dark brown, cultivated zone to 12 inches (Topsoil) A To soil unit contains some fine ained sand below 0.5 ft _ SILT with Sand; stiff to very stiff, moist, fine grained sand, brawn , Silty CLAY to Lean CLAY; stiff to very stiff, moist to very moist, brown, gray and pinkish -brown interbedded with layers of silt, sandy silt, lean clay, and silty clay, layer thicknesses range from laminated to 2 inches thick l e ' r I - Bottom of Boring B-3 @ 15.0 ft. Groundwater encountered; however, not measured due to time requiredfor equilibration. Piesometers installed in Borings B-1, L ., B-14, and B-20, Figure 22A PAGE 1 of 1 CMG Engineering, Inc. �a6l Rr IIh.:Xl1_ ih IamL r_ma f _ o Z IL �w a °7 ❑ U) N w CD o PROJECT: Sitverbrook Estates CLIENT: CTA LandWorks Group LOCATION: See Site Plan DRILLER: O'Keefe Drilling - Dave Crow METHOD: Hollow -stem Aueer MATERIAL DESCRIPTION 0 S-1 0.0 SILT; medium stiff, moist, abundant organics, dark 10 J J J J J J brown, cultivated zone to 12 inches (Topsoil) � JJJe S-2 JJJJJJ p JJJJJJ Topsoil unit contains some fine grained sand below 0.5 ` 5-3 3.8 : SILT with Sand; stiff, moist, fine grained sand, brown S 4 6.4 : Poorly Graded SAND with Silt; loose to medium dense, m very moist fine grained sand, brown A m S-5 i0 �+ 10 - saturated below 8.8 ft 43 m " interbedded with layers of silty clay and gilt layer thicknesses up to 4 inch thick S-6 JJ -95 15.3 - 20 -25 -30 35 Bottom of Boring 13-4 U 15.3 n. PROJECT NO.: 06-290 DATE: December 6, 2006 ELEVATION: 3,005 ft LOGGED BY: Jeffrey Schmidt G W: — — GW(2): TEST RESULTS Plastic Limit Water Content (DJ (percent) N-values ♦ (Blows per foot) 10 20 30 40 so an Liquid Limit Groundwater enco:inlered,• howm,er, not measured due to time requiredfor equilibratiom Pie=ometers installed in Borings B-1, B4, B-1 4, and B-20. Figure 23A 1 of 1 CMG Engineering, Inc. BORING LOG ~a) ¢ W z � T� Hv EL J W W W Q W Q 0 S-1 0.0 :3 t 1.0 T S-2 S-3 5 PROJECT: Silverbrook Estates PROJECT NO.: 06-280 � CLIENT: CTA LandWorks Group DATE: December 6, 2006 LOCATION- See Site Plan ELEVATION- 3,035 ff DRILLER: O'Keefe Drilling- Dave Crowley LOGGED RY.- JeffreySe 't METHOD. Hallow -stem Auger GW: ;non GW(2); TEST RESULTS MATERIAL DESCRIPTION Plastic Limit - Liquid Limit Water Content B (percent) N-values A (Blows per foot) 10 20 30 40 50 ED 70 8n qn SILT; medium stiff, moist, abundant organics, dark ,brown, cultivated zone to 12 inches (Topsoil) SILT; stiff, moist, brown and gray interbedded with layers of silty clay and sandy silt up to 4 inches thick ° S-4 6.(i I] Unit Wei ht t 5 ft = 78 cl" Poorly Graded SAND with Silt; medium dense, damp, A fine grained sand, brown � S-5 A b -10 m interbedded with layers of silt, sandy silt and silty sand up to 4 inches thick .4 y F ITT S-6 I I :.... Or 1-15 ?k III 1'r',i1 b 2 1a S-7 - 20 b p S-8 - 25 25.5 Bottom of Boring B-5 @ 25.5 ft P. 0 0 - 30 m .1 x 35 Groundwater not encountered. Figure 24A PAGE 1 of 1 CMG Engineering, 6-c. BORING LOG PROJECT. Silverbrook Estates PROJECT NO.: 06-290 CLIENT. OTA LandWorks Group DATE- December 6, 2006 LOCATION. See Site Plan ELEVATION: 3,035 ft DRILLER. O'Keefe Drill in -Dave Crowley LOGGED BY: Jeffrey Sclunidt ®� METHOD. Hollow -stem Auger GWo .[I SihvlrionL [ uucs Date f4iitlul 11}P.IY[7 GW(2)o s w 0- a w J o-50. J W W v N i N ❑ v 0 0 MATERIAL DESCRIPTION S-1 0,0 ...... SILT; medium stiff, moist, abundant organics, dark W S-2 1 0 brown, cultivated zone to 12 inches (Topsoil) m fl o To soil unit contains some fine _,rained sand below 0.5 fi 1° - S-3 SILT; stiff, moist, brown and gray -5 S-4 5.8 : ded with layers of silty clay and sandy silt up to thick m [7 +1 m L�inches A W S-5 8.5 ' t WeWit 4 ft = 99 cf m 10 Sandy SILT; stiff, damp, fine g2ined sand brown Poorly Graded SAND with Silt; medium dense, damp, 14 4 fine grained sand, brown d m interbedded with layers of silt sandy silt and silty sand up A S-6 to 4 inches thick -15 I J 0 .d S-!-7 0 20 A U y 0 S-8 0 u` "j 30 .H 35 Bottom of Boring B-( @ 25.0 ft Grounahvaler not encountered. TEST RESULTS Plastic Limit Water Content 0 (percent) N-values Ak (Blows per Foot) 10 20 30 0b sn Fn 00 Figure 25A PAGE 1 of 1 CMG Engineering, Inc. w n BORING LOG y► a . a -.ADESCRIPTION MATERIAL TEST RESULTS - 10 -30 �� � I • • ' • SELT; medium stiff, moist, abundant organics, dark brown, cultivated zone to 12 inclies (Topsoil) �Iwwl�r•!ww fill. l�w� �wi■■� • L " 1".•". • , • • , • - . • " . ■re�>rr•�■�w�Cw twww�lln _�! ■wwli�llR �'�� SI■�■!�■Iw�■rwr■ww �' ___ www_ w�ww� ■�iiwwww wrT•w�llr•�Iwwwww wi�w�l�rlwwwww ■r�wl�l�www �■ �I�wwR■�Iw�ll�ll■■! w..ww C=mmm w �ww w R wwR�■il `ww•1■■■■�w �■■■ mm mffm mm �ll� MI!M wlr=wmi■l�l Cmmm wr�www www wlwww�■1 www�■i■1 �Irrwwww■�wwwrll �ww��lrww r• ,�www�rww �IlNlwwwmmmw N■■i1l•wwwmm. mimmmmmmm wmr w wwwliww MU mmmmm !t�!!wlNl♦www lRiAl�lw!!!ww �_ 1��■nww�■■ ww ��1111■riwwwwwwwl wl•R�Iw`www■■Iww R71• i ll�ww mm m mmm mummwmlmmmmi■■iwwl�www wwEww �Iwwl�ww!!! wlwww ■IRI■�■!w �1����' 11- :C MIA wwwwr rw�■111 ■I�w wwr�wl�luww w ww��wwwwN• r•■�� ■■rwwwwiw. WMmm Wa.w_—■�1■■lm Irw wmmw wwwl♦_ww - 1 " • • , _J , • • • •"•,". ITwwa�■IrlrAl■■�rmww af�iw_l�:amw_ �_w_w w ■!!wlN�N� � • i • •• • • •i •i • •• •i r i r • • • • • is : : • Figure 26A PAGE 1 of 2 CMG Engineering, Inc. 1=U B-7 CONTINUED 1,01 0 F w F- J ll! w m a w o m o � PROJECT: Silverbro'-' _ - �FZ0JECT N0. 06-280 CLIENT: CTft Lr.,r - JATE. DecEmber 4, 2006 LODATICIN,, _'3E:_ ELEVATION: ff DRILLER: O'f, F ; . ' -.ye : A, Cr AVC = - LOGGED RY. .1efFre y Schmidt METHOD: hot cll GWf - -1z- W(2): TEST RESULTS MATERIAL DESCRIPTION Plastic Limit F-- Liquid Limit Water Content Qh (percent) N-values ♦ (Blows per foot) W5 z Lean CLAY; medium stiff, saturated, brown, gray, and -t ! pinkish -brown, interbedded with layers of silt, sandy silt, 44 D 40 and silty clay m s a2 c � - 45 A W b b m y H .!1 50 IS-13 A 54.4 Bottom of Boring B-7 rr 50.4 ft. - 55 -60 K-W 70 Groundwater encountered; hoiiwer, not measured due to lime requiredfor equilibration. Pie_omelers installed in Borings B-1, B-S, B-14, and B-20. Figure 26A PAGE 2 of 2 CMG Engineering, Inc. BORING LOG PRO,dECT-. Silverbrook Estates CLIENT: CTA LandWorlcs Group LOCATION. See Site Plan DRILLER. O'Keefe Drilling -Dave Crow METHOD: Hollow -stem Auger MATERIAL DESCRIPTION i 0 s-1 o.a JJJJJ.' SILT; medium stiff, moist, abundant organics, dark I J JJ+ brown, cultivated zone to 12 inches (Topsoil) S-2 1.7 ::ATopsoii unit contains some sand below 0. 5 ft - S-3 la Silty SAND; medium dense, moist, fine grained sand, — 5 brown S-4 interbedded with sandy silt, silt and silty clay lenses up 4 inches thick i_ 10 S-5 mottled rust below 3.0 ft ..... i saturated below 10.0 ft S-6 -15 S-7 - 20 20.3 - 25 - 30 35 Bottom of Boring B-8 @ 20.3 ft. PROJECT N10.: 06-280 (DATE° December 5, 2006 _ ELEVATION, 31014 ft LOGGED BY. Jeffrey Sch- f GW: 11.1 ft 1-15-6 — GW(2) TEST RESULTS Plastic Limit 1 Liquid Limit Water Content iD (percent) N-values A (Blows per foot) 10 20 30 40 50 60 70 130 9n 2" diameter PVC pipe installed to depth of about 20 ft to conduct periodic groun6wter measurements. Finure 27A PAGE 1 of 1 CMG Ennineerina. Inc .. • • • - • • • • . ��� � wow �� ■■■■wiu■w�iwN■wu#� r�■wr�wwwwwiww � LJiiM�CS■■w �r w■r��ww>•w.■■w�ww �■■rixwwwrw%�#ww wr■■wwww�wwww _ w��w wrrur.www ■��.owwww.ww ��wwa�rww�ww IM - • • - • � w�lw��w��w r■wiwCir�wwwww ■►*w�wr�rr�wwrw � #r�iw=�■rwwww#■w ..ww.■ w%r�ww �■w�ww.■Ciwww�.w � w w�ww.�w■#� MOM ��w■■w■wrwwww.,■ Dim MMMMIM ■..C■�i ��wwwwtw ■��■■w�w■■�ww■ww ■ww.�.rww�ir�■ �■w®�rw�#■■■ wwr C.w�www�w.� w■��® www�■■�i �■ww�Cwiwwr■�■w Groundivaler encountered, however, not measured due to time required for equilibration. Pie=omelers installed in Borings B-1, B-8, B-14, and B-20. ure 28A PAGE 1 of 2 CMG Engineering, Inc. BORING LOG E Rf SECT: Siklerhrook Estates PROJECT NO.: 06-250 CLIEKT: CTA LOCATt,ON. L,andWorks Group See Site Plau DATE: December ELEVATION-. 4, 2006 3,009 ft B-9 DR6LLER: Drilling - Dave Crowley LOGGED BY: Jeffrey Sch7- ' 't CONTINUED: METHOD: _O'Keefe Hollow -stem Auger CzW: GW(2)o III Sillnb_L rslalc Um. Primal, 2115nou7 X .-- w ¢ ul 2 z _ m w °' -' a MATERIAL DESCRIPTION I CJ I KCJUL I J Plastic Limit I Liquid Limit water Content 6 ❑" N 2 ❑- (percent) N-values A (Blows per foot) 10 20 30 40 50 60 70 an 9n I\ 1 m w 40 0 a 45 m A a 'd d m - tia 4 m. A o - c 'd I 0 m 55 e�rar G- 0 A - 60 70 38.0 Lean CLAY; medium stiff, saturated, brown, gray and S-111 pinkish -brown, interbedded with layers of silt, sandy silt and silty clay S-12 S-1 .S-1 60.41 I Bottom of Boring B-9 a 60.4 ft. Grounndivaler encountered, however, not measured due to lime required for equilibration. PiL omelers installed in Borings B-1, B-11, and B-20. igure 28A PAGE 2 of 2 CMG Engineering, Inc. BORING LOG W n W _J W E W 0 f w 2 O En 0 PROJECT: Eilverbrook Estates CLIENT: CTA LandWorks Group LOCATIGN: See Site Plan DRILLER: O'Keefe Drilling- Dave Crowl METHOD: Hollow -stem Auver MATERIAL DESCRIPTION S-1 0.0 a+ SILT; medium stiff, moist, abundant organics, dark brown, cultivated zone to 12 inches (Topsoil) m S-2 2.3 o To sail unit contains some sand below 0. 5 ft S-3 SILT; medium stiff to stiff, moist; brown, gray and it 5 pinkish -brown SA interbedded with sandy silt, lean clay and silty clay tn lenses up to 4 inches thick m S-5 b m 10 y m N C O1 a - S-6 15 15.3 - 20 -25 -30 -35 mottled rust below 4.0 ft saturated below 6.0 ft Bottom of Boring 8-10 @ 15.3 ft. PROJECT NO.. � 06-280 DATE: December 5, 2006 ELEVATION- 3,008 ft LOGGED BY: .ieffrey � GW: GW(2): TEST RESULTS Plastic Limit Water Content 0 (percent) N-values ♦ (Blows per foot) 10 2D 30 40 5o sn Liquid Limit Groundiipaler encountered, • hoil,ever, not measured due to time requiredfor equilibration. Pie=omelers installed in Borings B-1, B-8, B-1 d, and B-20. Figure 29A PAGE 1 of 1 Engineering, Inc. 41 ,�l q m 44 O BORING PROJECT, Szlverbrook Estates PROJECT ��C.: 06-280 CLIENT'. CTA LandWor_ks Group CRATE: Decetnber 5, 2006 LOCATIOK: See Site Plan ELEVATION: 2,990 ft DRILLER: O'Keefe Drilling - Dave Crowley LOGGED BY.- Jeffrey Scl� METHOD: Hollow -stem Auger GW: s - B-1 I FiIc=UG7HP Sig nicc Halc 1'rimnl J15P�117 z ^ ~ w w v a Z z ^ m y a _ MATERIAL DESCRIPTION TEST RESULTS Plastic Limit 1 -I Liquid Limit water Content (percent)En N-values A (Blows per fool) 10 2D 30 40 50 60 70 80 9D Q 5 -10 15 - 20 25 30 - 35 --- S-1 S-2 S-3 S 4 S-5 S-6 S-7 S-8 S-9 0.0 2.0 - 6.3 28. 30.3 ;;;;;; �����• JJ SILT; medium stiff, moist, abundant organics, dark brown, cultivated zone to 12 inches (Topsoil) Ta soil unit contains some sand below 0. 5 ft SILT; stiff to very stiff, moist, light gray - ' Poorly Graded SAND; medium dense to dense, damp, fine grained sand, brown i I I - o- s ki Silty CLAY to Lean CLAY; stiff, very moist to saturated, brown, gray, and pinkish -brown interbedded with layers of silt, sandy silt, lean clay and ilt r clay 0­1 1 _1 Bottom of Boring B-11 @ 30.3 ft. Groundivater encountered; however, not measured due to time requiredfor equilibration. Pie--ometers installed in Borings B-1, B-8, B-11, and B-20. SPT blow counts not reported for samples S-? and S 3 due to hammer malfunctions on the drill rig. Figure 30A PAGE I of 1 CMG Engineering, Inc. BORING LOG a IL W W d m -' a w � ❑- 0 4 M W co PROJECT. SilyerbrookEstates P'ROJECT-N0_ 06-280 CLIENT. CTA Land Works Grog DATE: December 5, 2006 LOCATION: See Site Plan ELEVATION: 3,005 ft DRILLER. O'Keefe Drilling - Rave Crowley LOGGED 13Yo Jeffrey Schmidt METHOD: Hollow -stem Auger GW: s GW(2): f TEST REKULTS MATERIAL DESCRIPTION .3 43 S-1 0.0 �SILT; medium stiff, moist, abundant organics, dark brown, cultivated zone to 12 inches (Topsoil) S-2 1. 8 4+ D y S-3 5 n S-4 ° S-5 m m 10 m m A S$ 15 15.3 - 20 -25 -30 35 To soil unit contains some fine grained sand below 0.5 Sandy SILT; medium stiff to stiff, damp to moist, fine grained sand, brown and gray interbedded with layers of silt and sand up to 4 inches thick Bottom of Haring B-I2 @ 15.3 ft. Groundwater not encountered. Plastic Llmil Water Content @ (percent) N-values ♦ (Blows per foot) 10 20 30 4n x;n rn i Liquid Limit Figure 31A PAGE 1 of 1 CMG Engineering, Inc. PROJECT: Silverbrook Estates � BORING t"ROJECT l�Ce: 06-280 CUENT: CTA L.andWorics Croup DATE: December 5, 2006 LOCATION: See Site Plan ELEVATION: 3,005 ft DRILLER: O'Keefe Drilling_- Dave Crowley LOGGED BY: Jeffrey Scl, -it METHOD: Hollow -stem Auger GW: -a GW(2): � .- rilrul- D.I.I .Ui JIRIM, d = ^ TEST RESULTS = a s a m o a = MATERIAL DESCRIPTION Plastid Limit Liquid Limit Content o aw Water 0 (percent) N-values ,, (Blows per Foot) 10 20 30 40 50 60 70 BO 90 m S-1 0.0 SILT; medium stiff, moist, abundant organics, dark - brown, cultivated zone to 12 inches (Topsoil) S-2 1.8 : o " ATopsoil unit contains some fine grained sand below 0.5 ft S-3 1YSandy SILT; stiff to very stiff, damp to moist, brown and - 5 gray S-4 - interbedded with layers of silty clay, silt, and silty sand up to 4 inches thick m S-5 b mottled rust below 8.7 ft m -10 ,. �. saturated below 30 ft 5-6 15 5-7 20 ° S-8 - 25 c 0 S-9 ° 30 35 Crounchi,ater encountered; however, not measured due to time required for equilibration. Pie=omelers installed in Borings B-1; --8, B-14, and B-20. Figure 32A PAGE 1 of 2 CMG Engineering, Inc. BORING LOG E-13 CONTINUED _� Wwa W ❑ _ Iml N ❑ `n m w 40 0 tm e G al A b m N 4 r -50 m A n 55 a 9 0 A 4 +1 L 60 4 D 4 A 0 65 0 0 4j 4 70 38 11 40.3 PROJECT- Silverbrook Estates CLIENT: OTA LandWorks Croup LOCATION: See Site Plan DRILLER: O'Keefe Drilling - Dave Crow METHOD: Hollow -stem Aueer MATERIAL DESCRIPTION Sandy SILT; stiff to very stiff, saturated, brown and gray interbedded with layers of silty clay, silt, and silty sand up to 4 inches thick Bottom of Boring B-13 @ 40.3 ft. PROJECT ECT NO.: � 06-290 DATE: December 5. 2006 ELEVATION: 3,005 ft LOGGED BY, Jeffrey Schmidt C7W: GW(2): TEST RESULTS Plastic Limit t --; Liquid Limit Water Content Q (percent) N-values 0 (Blows per foot) Grotrndtvater encountered; however, not measured due to time required for equilibration. Pie=ontelers installed in Borings B-1, B-8, B-1 a, and B-20. Figure 32A PAGE 2 of 2 CMG Engineering, Inc. 4j m M a BORING LOG PROJECT- Silverbrook Estates PROJECT NO.: 06-280 DRILLER: O'Keefe Drill ing -Dave Crowley LOGGED BY: Jeff-rcy Sch METHOD: :• •Auger � i I mom MATERIALs 1- 1 1 1 1 1 1 : 1 • 1 • 1 , l �� � 1 1 � ' • • r 1 . • � • . - lopsoil unit contains some sand below 0. 5 ft wittrttt��wrwwrtw ttttt�twttttt� twwwnrt■■ wiM2.1 nwr «wwrw..www..r■■ �i ww ..w■■rw tttwtw MMtttt■MMUM wr M '•. .• • 1• • / dense,damp •MEEM moist, fine - TJ wtw two �■�w■wwwww.MMM ttt•rttt■wwrw�wttt�tw t• rttt■ w ttw w w ttt� ttw .t�•�t_..twC���� aa.ttrwwttiwtttt■rttwitttw=w �..www..�wwww r��wttwtwrtirwtttt■ w■rttt■ tttal[ �lw► w wit w rw � �■ tttt■ ■utttt�tt■rwwwwrrw ttttr�ttwwt�tiwttt�rtttt■w =iw w witw■t►�■rtttt■wwntt�w w tttutw ■tmwwrttwr�t■�w� ttw, ttw �w�itiww�wirr w ■www�wrr. w wNww�'www■�w w wrwtt�►�wrwrttww w tt��w�wwrww wit wwwit� w�ii���rr• tttwtttw��wwwwrtw w®��wwww■ r r•ttt® tt� wtrwrtwi■■ =wwwi wwwrw�� w wn ttt� rwt ttt� w w iw �w wr .� - . - • r . _ 1 r . • - 1 - • 1 - 1 1 1 . � ar•�twrtt�wtttt■wwwt w� »wr _�www� w �� tt� w t■�tttwtttt■ w w w wf�ww it•t•tww ra�awrwtttwttwwwC r�■rttwtwrt�wwCww wwiwtiwwKtnt• tttt■w �w■w wr w wr ttt■rt• w tttt■ iwr�wwrt■rttwtwtt�ttt•tt�w E�tw■ww■ww�wwww iw■tiwwww M M w�w �VMOW--Mww WMMMww�r•= t• �arr•�r■■ww ww �.wrlw wwwwtiw ww..rwc tttwrww nKEWMMME w.'tttt■r,� M rww M i■rrr ttttrrt ri■"wwwwMMM wrt'rwwwwwr.w MEMMw■Iw.t.w ■wwt..MMMMIwwnw C C: :MMMM w■ tttw r w r tttt■ w■ w w w t w w rw■■�wtrttt■wiwrttt■wwiw .■� �-�■■ wt�ww wrw tiw wr � iMwwwwttt M wwwwwtttwttttt■M :. • • C. 1 : / wtwwlwlwwtrtttttr wwwrwwMw■■WW / FfgUre 33A PAGE 1 of 1 CMG Engineering, Inc. BORING LOG B-1 5 Z T^ 91 w W I-- EL J W W �v D W •' � } Of- PROJECT: Silverbrook Estates PROJECT NO,- 06-280 CLIENT: CTA LandWorks Group DATE: December 69 2006 LOCATION: See Site Plan ELEVATION: 3,007 ft DRILLER' O'Keefe Drilling- Dave Crowley LOGGED BY: Jeffrey Schmidt METHOD: Hollow -stem Auger GW; s GW(2)o TEST RESULTS MATERIAL DESCRIPTION Hastic Urnit Liquid Limit Water Content 0 (percent) IN -values ♦ (Blows per foot) S-1 0.0 SILT; medium stiff, moist, abundant organics, dark a brown, cultivated zone to 12 inches (Topsoil) S-2 2,0 To soil unit contains some sand below 0.5 ft 0 S 3 4.0 Poorly Graded SAND with Silt; medium dense, damp to 5 moist, fine =rained sand, brown _ I S-4 SILT; stiff to very stiff, moist, brown, gray and pinkish - brown to A S-5 10 V m S-6 -15 S-7 F b b R S-B N 20 A 20 0 0 4 25 G' O 30 M o' 35 interbedded layers of silty clay, lean clay and sandy silt up to 4 inches thick Bottom of Boring 6-15 Q 20.5 ft. Grounih,ater not encountered. figure 34A PAGE 1 of 1 CMG Engineering, Inc. Im m m fi t; - BORING LOG PROJECT: Siiyerbrook EstatesPROJECT I O..: 06-280 CLIENT. CTA LandWorks Croup DATE: December 6, 2006 L€SCATIOI,: See Site Plan ELEVATION: 3,007 ft DRILLER: O'Keefe Drilling - Dave Crowley LOGGED BY: leifre� Sch- METHOD: Hollow -stem Auger GW: GW(2): _ B-16 File Oriyll Sil.abmc& Fswca 1]alc PriNcl 2/1520II7 _ ^ i- m a CD o = In a z s "' = ., �- a v o = J a o MATERIAL DESCRIPTION TEST RESULTS Plastic Limit Liquid Limit a Water Content G (percent) N-values A (Blows per foot) 10 20 30 40 50 60 70 80 90 ° - 5 -10 S-1 S-2 S-3 S-4 S-5 0.0 2.0 JJJJJJ J r SILT; medium stiff, moist, abundant organics, dark brown, cultivated zone to 12 inches (Topsoil) ATopslol�,U_nit contains some sand below 0.5 ft SILT; medium stiff to stiff, moist, brown, gray and pinkish -brown interbedded layers of silty clay, lean clay and sandy silt up to 4 inches thick -15 - 20 _ - 25 - - 30 - 35 T S-6 S-7 S-8 13.9 18.9' 25.4 - - Silty SAND; medium dense, damp, fine grained sand, light brown e 0 00 00pinkish-brown Silty CLAY; medium stiff to stiff, moist, brown and very moist to saturated below 24 ft 1 Bottom of Boring B-16 @ 25.4 ft. Groundwater not encountered. Figure 35A PAGE 1 of 1 CMG Engineering, Inc. BORING LOG AM z� Ir Z = w w _ H W _jW _ O W 0 w a w �. uJ }} F 0 PROJECT: Silverbrook Estates CLIENT: CTA LandWorics Group LOCATION: See Site Plan DRILLER- O'Keefe Drilling -Dave Crow METHOD: Hollow -stem Aueer MATERIAL DESCRIPTION S-1 0.0 »...' SILT; medium stiff, moist, abundant organics, dark brown, cultivated zone to 12 inches (Topsoil) :5 S-2 2.2 . w To soil "nit, nit contains some sand below 0. S ft 0 S-3 SILT; stiff, moist, brown and gray " -5 d _' S-4 a m A illllllllllll� i i l ii Ri'u®il1111N 15 interbedded layers of silty clay, lean clay and sandy silt up to 4 inches thick Silty SAND; medium dense, damp, fine grained sand, 1 ight brown silt content decreases with depth S-8 .�SiltyCLAY,;'medium stiff to stiff, moist, brown and -20 20.5_ - 25 - 30 -35 vet;y moist to saturated below 20 ft Bottom of Boring B-17 @ 20.5 ft. Groundwater not encountered PROJECT NO.: 06-290 _ DATE. December 9, 2006 — ELEVATION: 3,028 ft _ LOGGED BY: Jeffrey Schmidt GW.- GW(2) TEST RESULTS Plastic Limit 1----i Llquid Limit Water Content p (percent) N-values ♦ (Blows per fool) 10 2Q 30 40 50 60 70 An an Figure 36A PAGE 1 of 1 CMG Engineering, Inc. BORING LOG PROJECT: Si€verbrook Estates PROJECT NO.: 06-280 CLIENT: CTA LandWorks GrOLl LOCATION: See Site Plan DATE: December 7, 2006 ELEVATION: 2,996 ft DRILLER: O'Keefe Drilling - Dave Crowley LOGGED BY: Jeffrey Sch B-18 _ METHOD: Hollow -stem Auger GW: GW(z)• He 04-SllO Sflrn6muk F_aa4s Dmc 1'rininl,JLS/HIII7 _ . " z = ^ TEST RESULTS Plastic Limit F i Liquid Limit Water Content d N wo a °- m 4. C MATERIAL DESCRIPTION R N o 0 (percent) N-values A (Blows per foot) 10 20 30 40 50 60 70 BO 90 '_ 30 1- 35 S-1 0.0 .... SILT- medium stiff moist, abundant organics dark brown, cultivated zone to 12 inches (Topsoil) S-2 2.1 ATop§oil unit contains some sand below 0. 5 ft S 3 SILT with Sand; stiff, moist, fine grained sand, gray interbedded layers of silt sand and sandy silt up to 4 S-4 6.8 inches thick Silty CLAY; stiff, moist, brown and pinkish -brown S-5 interbedded with layers of silt and silt with sand up to 4 inches thick S-6 S-7 20.5-r— f Bottom of Boring B-18 a 20.5 ft. Groundtiilater not encountered. Ficure 37A PAGE 1 of 1 CMG Enaineerina. Inc. ING LOG PROJECT. SSilyerbrook Estates ' CLIENT. CTA LandWorlcs Group LOCATION: See Site Plan 13-19 DRILLER: O'Keefe Drillin -Dave Crow 1 i METHOD: Hollow -stem Auger = m o z �- w : J_ u! 0 -0 < ui ov MATERIAL DESCRIPTION S-1 0.0 ;;�;;Y SILT; medium stiff, moist, abundant organics, dark ... I brown, cultivated zone to 12 inches (Topsoil) „ S-2 2.0 ...... '" Ta soil unit contains some sand below 0. 5 ft 0 S-3 Silty SAND; loose to medium dense, damp to moist, fine n 5 grained sand, light brown S14 silt content decreases with depth a b S-5 10 s° A S-6 -15 S-7 20 mottled rust below 14 ft 5 8 24.0Silty CLAY; medium stiff to stiff, moist, brown and - 250 pinkish -brown 00 interbedded with layers of sandy silt, silt, and lean clay up to 4 inches thick S-9 - 30 very moist to saturated below 39 ft soft below 40 ft •35 S-1 PROJECT _ DATE: 2006 ELEVP t _ LOGe GW: TEST RESULTS Plastic Limit 1 ----1 Liquid Lirni Water Content E-3 (percent) N-values ♦ (Blows per foot) k Groundwater encountered, hativever, not measured due to time required for equilibration. Pie=ometers installed in Borings B-1, B-8, B-1 4, and B-20. I -pure J6A PAGE 1 of 2 CMG Engineering, Inc. ' r7,RQJE-CT. Silver -brook Estates PROJECT NO.: 06-290 CLIENT' CTA LandWorks Group DATE: December 7, 2006 L®CAT11ON: See Site Plan E<i EVATIGNro 3,003 ft DRILLER: ©'Keefe Drilling - Dave Crowley LOGGED BY- Jeffrey Schr METHOD: Hollow -stem Auger GW: g C9W{2): � B-19 CONTINUED Fle IIG-2X11 SilroFrm,k Eslalcs De c Pria,d: J19P_M17 _ ^ �, a. w ¢ J a N 6 J a < ,n = ^ t- a) a �, a J a o cn MATERIAL DESCRIPTION TEST RESULTS Plastic Limit —; Liquid Limit Water Content 0 (percent) N-values ♦ (Blows per foot) 10 20 30 40 50 60 70 60 90 40 - 45 - 50 S-11 S-12 S-13 36.0 -00 Silty CLAY; medium stiff to stiff, moist, brown and pinkish -brown interbedded with layers of sandy silt, silt, and lean clay up to 4 inches thick very moist to saturated below 39 ft soft below 40 ft ' 55 —60 65 70 50.5 — Bottom of Boring B-38 @ 50.5 ft. Groundwater encountered, however, not measured due to time required for equilibration. Pieaometers installed in Borings B-1, L-8, B-1 4, and B-20. Figure 38A PAGE 2 of 2 CMG Engineering, Inc. BORING LOG z z ^ w w _ F- W J W _ o R W o" -0 M U, a ❑ m� C"ROJECio Silver -brook Estates RR-OJEC7 llOoo 06-280 OLIEN7- CTA LandWorks Croup DATE- December 7, 2006 LOCATION: See Site Plan ELEVATION. 3,007 ft DRILLER. O'Keefe Drilling - DaveCrowleyLOGGED BY. Jeffrey Schmidt METHOD: hollow -stem Auger GW: — 23.5 ft 1-15-07 GW(2): MATERIAL DESCRIPTION S-1 0.0 f: ' ;: J SILT; medium stiff, moist, abundant organics, dark m �] ry/} nn brown, cultivated zone to 12 inches (Topsoil) S-2 G.0 Y J Y Y '" To soil unit contains some sand below 0. 5 ft 0 �3 Silty SAND; loose to medium dense, damp to moist, fine n 5 grained sand, brown S-4 interbedded layers of sandy silt, silty clay, and silt up to a` m ? inches thick A 11 U S-5 m 10 u C [C'cil N A L115 I11S•-61 14.1 35 S-7 S-8 S-9 S-1 3 mottled rust below 9.1 ft Silty CLAY; medium stiff, moist, brown, gray and pinkish -brown interbedded layers of silt, sandy silt, and silty sand up to 4 inches thick saturated below 20 ft Bottom of Boring 13-14 n@ 35.6 ft. TEST RESULTS mastic omit F --A Liquid Limit Water Content � (percent) N-values a (Blows per foot) 2"diameter PVCpipe Installed to depth of about 35 ft to conduct periodic groundwater measurements. Boring in location ofplavned South Lift Station. t-Igure JUA HAUE 1 of 1 CMG Engineering, Inc. 4J 0 P E BORING LOB PROJECT. SilverbrooL, EsCates PROJECT NIG.: 06-280 CLIENT.- CTA L.andWor€cs Group DATE- December 7, 2006 LOCAT0N.- See Site flan ELEVATEOi�f-. 3,024 ft DRILLER: O'Keefe Drilling -Dave Crawley LGGC ED BY: JeffreySc- It METHOD: hollow -stem Auger GIN: a u GW(2�: B-21 Ric 11L?N❑ Sih vhronl: Fslnin dUe Prinled- JISl2b07 _ ~a m o a LU a a. a Y n N wo C1 0 MATERIAL DESCRIPTION TEST RESULTS Plastic Limit Liquid Limit Water Content p (percent) IV -values ♦ (Blows per foot) 10 20 30 4D _50 60 70 80 90 5 10 15 20 25 - 30 - 35 S-1 S-2 S-3 S 4 S-5 5-6 0.0 2.2 15 , SILT; medium stiff, moist, abundant organics, dark - brown, cultivated zone to 12 inches (Topsoil) A, To soil unit contains some sand below 0. 5 ft r SILT with Sand; stiff, moist, fine grained sand, brown and gray interbedded layers of silt, silty sand, and silty clay saturated below 9 ft soft below 14 ft s , r Bottom of Boring B-21 cr 15.6 ft. Croun&vater encountered, however, not measured due to !lire required for equilibration. Pie_ometers installed in Borings B-1, v-B, B-14, and B-20 Figure 40A PAGE 1 of 1 CMG Engineering, Inc. ['30RING LOG _ z =� �w I IL s a N W F- lit ❑ N m ❑ " _Q PROJECT: Silver -brook Estates CLIENT: CTA LandWorks Grou LOCATION: See Site Plan DRILLER: O'Keefe Drilling - leave Crawl METHOD: Hollow -stem Auger MATERIAL DESCRIPTION ID S-1 0.0 y SILT; medium stiff, moist, abundant organics, dark 4J ✓J ✓ ✓J 0 ✓✓JJJJ brown, cultivated zone to 12 inches (Topsoil) • S-2 1.$ 4 To soil unit contains some fine rained sand below 0.5 ft S-3 SILT with Sand; stiff to very stiff, damp to moist, brown, - 5 gray and pinkish brown C $ interbedded with layers of silty clay, silt, lean clay and . silty sand up to 4 inches thick A S-4 b m 10 m- L T S-5 -15 .c - v - c m tP S-6 C n 2D A c a y " S-7 a a 25 »a b- P. P. c o . 0 1- 30 A 1 I I mottled rust below 3.7 ft saturated below 20 ft S 9 33.7 Lean CLAY; medium stiff to stiff, saturated, brown, 35 gray, and pinkish -brown, interbedded with layers of silt, silty clay and sandy silt, laminated to 4 inches thick PROJECT NO.- 06-290— i DATE: 11-14.15, L. 29-06 ELEVATBON: 3,004 ft LOGGED BY. .lefirey Sclmjidt GW: s 20.1 11-15-06 GW(2): ; TEST RESULTS Plastic Limit Water Content t; (percent) N-values ♦ (Blows per foot) 10 20 30 40 sn An Liquid Limit Groundwater measured the morning of er drilling started to allow for vvater equilibration. Heaving observed inside augers belmi, 30 ff. SPT blow counts not recorded below 88 ft due to frosen equipment resulting in inaccurate energy being applied to split spoon sampler. Boring location on east side of North Bridge Abutment. figure 41A PAGE 1 of 4 GCMG Engineering, Inc. 80R[G LOG BR-1 CONTINUED k IN.�Hn $ilmhronk Ewes hale P.ini a = m w � J 1!1 EL 0 w 0 o' ui m o - S-1 C a 40 _�_ 0 m• TI n - S-11 an 15 45 a - A m 'd 41 m • N W' S-12 41 - 50 m A N 0 q b 0 m 55 14 a A S-13 70 PROJECT. Si[verbroakEstates PROJECT NTO.o 06-280 CLIENT. CTA Land -Works Group DATE- 1 I-14,15, & 29-06 LOCATION. See site Plan ELEVATION: 3,004 ft DRILLER. O'Keefe Drilling - Dark Crowley LOGGED BY: Jeffrey SclIt ~r11-15- METHOD- Hollow -stern Auger GW: s 2 0. 1 GW(2),: s I t,'3 1 KtSUL I J MATERIAL DESCRIPTION Plastic Limit t Liquid Limit Water Content 0 (percent) N-values t, (Blows per foot) 10 20 30 AC 50 60 70 80 90 38.0 � Lean CLAY; medium stiff to stiff, saturated, brown, gray, and pinkish -brown, interbedded with layers of silt, silty clay and sandy silt, laminated to 4 inches thick Ground4oter measured the morning der drillingstarled to allowfor it,wer equilibration. Hemming observed inside augers beloii• .0 ft. SPT blow counts not recorded below, 88 ft due to frozen equipment resulting in inaccurate energy being applied to split spoon sampler. Boring location on east side ofNorlh Bridge Abutment, Figure 41A PAGE 2 of 4 CfUIG Engineering, Inc. 0 a 4-1 W w 0 m 0 a 0 +1 m A m b b m y m u 2 4J c m A 41 BR-1 CONTINUED __ - U � `, w twit : a EL w I O O m mz n " rn 75 PROJECT: Silverbrook Estates CLIENT: CTA LandWorks Group LOCATION: See Site Plan DRILLER: O'Keefe Drilling - Dave Crow METHOD. Hollow -stem Auaer MATERIAL DESCRIPTION 78'0 Lean CLAY, medium stiff to stiff, saturated, brown, gray, and pinkish -brown, interbedded with layers of silt, 5-15 F/A silty clay and sandy silt, laminated to 4 inches thick - - 8i7 -85 S-16 90 95 fl 5-17 100 105 110 PR,QJECT NO_: 06-280 DATE: 1 I-14.15, a, 29-06 ELEVATION; 3,004 ft LOGGED BY; Jeffrey Schmidt GW: ? 0.1 11-15-06 GW(2): TEST RESULTS riasnc umit Liquid Limit Water Content q� (percent) N-values ♦ (Blows per foot) Groundwater measured the morning after• drilling started to allow for water equilibration. Heaving observed inside augers below 30 fr. SPT blow counts not recorded below 88 fl due to frozen equipment resulting in inaccurate energy being applied to split spoon sampler: boring location on east ,side ofNorlh Bridge Abutment. rlgure 4-lH FADE 3 of 4 CMG Engineering, Inc. _ — BORING LOG I P ��GJECT o u'ik,erbroolc Estates -- -- ._... PROJECT 06--280 CLIENT' CTA LaadWorlcs Croup BATE, I I-14,I5, L, 29-06 LOCATION: See Site Place ELEVAT'[CN- 3,004 ft DRILLER: O'Keefe Drilling - Gave Crowley LOGGED' BY: JeffreS' Schr METHOD: Hollow -stem Auger GW: g 20.1 I I-I5- GW(2): BR-1 CONTINUED rdc. l)C.?AU Sihvbnwk Eswc Dec PdrnrslJ15l11w7 _ � a- W a ❑" it W z � = ^ a, W ❑" J a MATERIAL DESCRIPTION TEST RESULTS Plastic Limit Li uid Limit Water Content 0 (pement) 4 N-values A (Blows per foot) 10 20 30 40 50 60 70 80 90 I - 115 -120 - 125 - 130 -135 - -140 -145 5-18 5-19 114.E 140.3 / Lean CLAY; medium stiff to stiff, saturated, brown, gray, and pirilcish-brawn, interbedded with layers of silt, silty clay and sandy silt, laminated to 4 inches thick _ I ' ' i I I I — I i I r I I I - i Bottom of Boring BR -I @ 140.3 ft. Groundwater measured the morning after drilling started to allow for water equilibration. Heaving observed inside augers belol, A ft. SPT blow counts not recorded below 88 ft due to frozen equipment resulting in inaccurate energy being applied to split spoon sampler. Boring location on east side of North Bridge Abutment. Figure 41A PAGE 4 of 4 CMG Engineering, Inc. BORING LOG PROJECT- Silverbrook Estates CLIENT. GTA LandWorks Group LOCATION: See Site Plan DRILLER: O'Keefe Drillin - Rave Crowl METHOD: Hollow -stem Auaer �^ w m w "` JW o o 0- d to MATERIAL DESCRIPTION ® to O 0 S-1 0.0 SILT; medium stiff, moist, abundant organics, dark - brown, cultivated zone to 12 inches (Topsoil) � 2.0 o To soil unit contains some fine grained sand below 0.5 fl a S-2 4 SILT with Sand; stiff to very stiff, damp to moist, brown, - 5 gray and pinkish brown interbedded with layers of silty clay, silt, lean clay and m - silty sand up to 4 inches thick S-3 mottled rust below 8.8 R m 10 saturated below 20 ft m A S-4 -15 .c to S-5 DO -20 A m S-6 0 N S-7 25 a G S-7 ° 30 - S-8 30.8 Lean CLAY; medium stiff to stiff, saturated, brown, H gray, and pinkish -brown, interbedded with layers of silt, silty clay and sandy silt, laminated to 4 inches thick S-9 - 35 PROJECT � O.— 06-290 DATE: 11-29 L 29-06 ELEVATION- 3,005 ft LOOGED BY: Jeffrey Schmidt GIV. 4 GW(2). TEST RESULTS VMS= Limit — - Liquid Limit Water Content 0 (percent) N-values ♦ (Blows per foot) 10 20 30 4❑ .rn rn 7n an on Groundwater encountered; however, not measured due to time required for equilibration. Pie=ometers installed in Borings B-1, B-8, B-14, and B-20. Heaving obsenyed inside augers below 30 ft. SPT blow counts not recorded below 75 f due to frozen equipment resulting in inaccurate energy being applied to split spoon sampler. Boring location on -vest side of North Bridge Abutment. Figure 42A PAGE 1 of 3 CMG Engineering, Inc. BMNG LOG PROJECT: Silverbrook Estates PROJECT NO.: 06-280 CLIENT: CTA Lan67%lorlrs Group DATE: 1 1-29 & 29-06 LOCAT014- See Site Ilan ELEVATLO : 3.005 ft DRILLER: O'Keefe Drilling - Dave Crowley LOGGED BY: Jeffrey Sch, METHOD: Hollow -stem Auger GW, zg- - GW(2)-. BR-2 CONTINUED Fik ur.?M Sihol—al ggpim MW him d; 2JI5P007 ^ w m -- Ir < Z a z ^ a. o — o a. MATERIAL DESCRIPTION TEST RESULTS Plastic omit t Liquid Limit Water Content Q (percent) N-values . (Blows per foot) 10 20 3D 40 50 6D 70 80 90 40 - 45 - 50 - 55 60 65 - 70f S-10 S-11 S-12 S-13 S-14 S-15 S-16 38.0 ' ;/ Lean CLAY; medium stiff to stiff. saturated, brown, gray, and pinkish -brown, interbedded with layers of silt, silty clay and sandy silt, laminated to 4 inches thick ` l 1 f t t 1 Groundwater encountered; however, not measured due to time required for equilibration. Pieaometers installed in Borings B-1, b-d, B-14, and B-20. Heaving observed inside augers below 30 ft SPT blow counts not recorded below 75 ft due to frozen equipment resulting in inaccurate energy being applied to split spoon sampler. Boring location on west side of North Bridge Abutment. Figure 42A PAGE 2 of 3 CMG Engineering, Inc. BR-2 CONTINUED =r J J W W J IL m W ,a o� < n EL a z = �. "F 90 - 95 -100 -105 •110 PROJECT: Silverbrook Estates PRQJ ECT Wc.: 06-280 CUENT.- CTA LandWorks Group DATE: I I-2S & 29-06 LOCATION- See Site Plan ELEVATEOKI-. 3.005 f-t DRILLER: O'Keefe Drilling- Dave Crowl� e� LOGGED E`t'o Jeffrey Schmidt METHOD: Hollow -stem Auger GIB+°: -! GW(2): TEST RESULTS MATERIAL DESCRIPTION Plastic Limit ; Liquid Limil Water Content a (percent) N-values ♦ (Blows per foot) 76. OF '777 Lean CLAY; medium stiff to stiff, saturated, brown, 17 Vgray, and pinkish -brown, interbedded with layers of silt, /zsilty clay and sandy silt, laminated to 4 inches thick 80.3 Bottom of Boring BR-2 Q 80.3 ft. Groundivater encountered; however, not measured due to time requiredfor equilibration. Pie_ometers installed in Borings B-1, B-8, B-14, and B-20. Heaving observed inside augers below 30 ft. W blow counts not recorded below 75 ft due to frozen equipment resulting in inaccurate energy being applied to split spoon sampler. Boring location on ~vest side of North Bridge Abubnent. Figure 42A PAGE 3 of 3 CMG Engineering, Inc. 41 -H m m Sam • • • It '! min ."Water �. I MATERIAL .. TION TEST RESULTS Plastic Umit Content 0 (Blowsfoot) (percent) f •CC� NO ME NOW mm mjmm i ON m omr>r�� CCCCCCC ....0 1.EMEME mwm MMI. 1_ r■■r►■■r��ME MEN M ■■i■1■m MMmMMMMm M mMIN ....,�.MMm..,M� mmMMMM MMlm .MMMC mmMMM...I•�.J��1� .■....or.�����. ■■.... =mMM CC CC�1 C �.MEME 1�....1. .�IrME� ..,.......r . k 1MMmmM.>_.. WOMENC�......1•.� ..,_�v�....i.�� ........�..r_....� 1 1 • MM ME NO MOM C��CCCCCCCC m1iml1.mmmmmmm, r�ME.CC MMMMMMMM A•����� m1..rME 1..C..��>•� off Figure 43A PAGE 1 of 3 CMG Engineering, Inc. 4 BR-3 CONTINUED ik or.7Fla S11smb=1 "' IEtp MUE Prat PROJECTS Silyerbrook Estates PROJECT I Q� : 05-290 CLIENT: CTA ; ,andWorks Group DATE < 1 I-29-05 LOCATION: See Site Plan ELEVATION. 3,004 ft DRILLER: O'Keefe Drilling - Daye Crowley LOGGED BY: Jeffrey Schmidt METHOD. Hollow -stem Au er GW: ISM): K z = w I a °- a o MATERIAL DESCRIPTION ®,- m 2 owv IU 3$.D // m S-9 Lean CLAY; medium stiff to stiff, saturated, brown, 40 gray, and pinkish -brown, interbedded with layers of silt, silty clay and sandy silt, laminated to 4 inches thick a a'I - u s-10 -� 45 A b m W d 5-t 1 y ° 50 55 t u 0 A m S-12 60 c 0 m yya a7 �4 c 65 o - m S-1$ H 70 .. (BlowsWater Content 0 (percent) fool) i� ! '1 •1 w� www w w Cx�eMEO ME lw��i oilME REMIM'iC� ME i�wiw�wiwME aMMMM ME ME wwiwwwww Emmmm W,■j�wUMME � tiI MIN ME ■ll, ME! ME rl ME NE ME ..Cw�w ME MEww�r�ME MI■w» ME i■uw��wiwwwME mum �■■wwwwME MW no MUM ■UME MUM wwwww■ E MEME ME ME ■■�wM�iwSEEMww ■■�w�w�iwwmww ■�r�EMEM w>.w� r•wr11=0=� Groundm,ater encountered; however, not measured due to time required for equilibration. Pie: ometers installed in Borings B-1, B-8, B-1 f, and B-?0. Heaving observed inside augers below 30 ft. Boring location on rest side of South Bridge Abutment. Figure 43A PAGE 2 of 3 CMG Engineering, Inc. BORINGCLIENT: PFRO l ECTo Silver -brook Estates ROJ ECT NO.: 06-290 CTA Land\Alorks Crout3 DATE; 11-29-06 LOCATION,: See Site Plan ELEVA710N-. 3,004 ft DRILLER: O'Keefe Drilling- gave Crowley LOGGED BY: Jeffrey Schr METHOD- follow -stem Auger CWo �W(2): BR-3 CONTINUED Ed.,4L,7Ni1 51�5'BIIIQI�: 31E1e4 a* ��' 21ZS%ZcIr✓1 Fx = w ° o` w 2' < o w � F=- w ° ❑" o Plastic MATERIAL DESCRIPTION Water N-values TEST RESULTS _ Limit Content 20 A 30 Liquid 9 80 LIM 90 0 (Blows 40 (percent) per 50 foot) 60 70 75 - 80 90 - 95 100 105 110 — - S-14 S-15 5-16 S-17 76.0 110.2 / / 10 - i 1 f Lean CLAY; medium stiff to stiff, saturated, brown, - gray, and pinkish -brown, interbedded with layers of silt, silty clay and sandy silt, laminated to 4 inches thick 1 i f 1 I r - f , - 1 I 1 I I 1 ---� Bottom of Boring BR-3 @ 110.2 ft. Crounchvater encountered; however, not measured due to time requiredfor equilibration. Pierometers installed in Borings B-1, B-la, and B-20. Heaving observed inside augers below 30 ft. Boring location on west side of South Bridge Abutment. Figure 43A PAGE 3 of 3 CMG Engineering, Inc. BORING LOG - am a Z z_ F— M a,IL w W J_ 11J W!t: E NEO a O 0 PROJECT. Si[verbrook Estates CLIENT: CTA Land -Works Crou LOCATION: See Site Plan DRILLER. O'Keefe Drilling - Dave Crowle METHOD: Hollow -stem Auaer PROD ECT NO.: 06-290 DATE 11-3 0-06 ELEVATION. 3,005 ft LOGGED BY.- Jeffrey Schmidt GW: s GW(2)- I TEST RESULTS MATERIAL DESCRIPTION Ntastic Umtt 1 Liquid Limit Water Content 0 (percent) N-values A (Blows per foot) 4J S-1 0.0 ;w;;; SILT; medium stiff, moist, abundant organics, dark •.1 JJ+ + J J J J brown, cultivated zone to 12 inches (Topsoil) m _ JJJ 44 To soil unit contains some fine grained sand below 0.5 ft S-2 SILT with Sand; stiff to very stiff, damp to moist, brown, 5 gray and pinkish brown A S-3 C t interbedded with layers of silty clay, silt, lean clay and silty sand up to 4 inches thick A m S-4 10 mottled rust below 3.7 ft 4J m. saturated below 19 ft K A S-5 ; -15 Wr S-7 - 20 S-8 S-9 - 25 IS-10 S-11 28.8 Lean CLAY; medium stiff to stiff, saturated, brown, - 30H - r' gray, and pinkish-brown,.interbedded with layers of silt, silty clay and sandy silt, laminated to 4 inches thick •35 S-12 13 Grounaivater encountered; however, not measured due to time required jar equilibration. Pie=ometers installed in Borings B-1, B-8, B-14, and B-20. Heaving observed inside augers below 30 ft. Boring location on east side of South Bridge Abutment. Figure 44A PAGE 1 of 3 CMG Engineering, Inc. L30RING LOG PRGdECT.- Silv,erbrook Estates PROJECT 06-280 CUENT. CTA L,andWorks Croup DATE- 1 t-30-06 LOCATION. See Site plan ELEVATION: 3,005 ti DRILLER: O'Keefe Drilling,- Dave Crowley LOGGED RY: _ .Eeffrey Scl - METHOD: Hollow -stem Anger GWo GW(2) o - e► CONTINUED Rh tlG].M11 Slvohrail F: tmn Dmc I�rininl: JI5/2007 am n- o, 4 d a < " a m o o En _ _ MATERIAL DESCRIPTION TEST RESULTS Plastic Limit Liquid Limito= Water Content 0 (percent) N-values a (Blows per foot) 10 20 30 40 50 60 70 80 90 40 - 45 - 50 _ - 55 60 - 65 - 7D IS-14 5-15 S-16 S-17 S-18 38.0 J Lean CLAY; medium stiff to stiff, saturated, brown, gray, and pinkish -brown, interbedded with layers of silt, silty clay and sandy silt, laminated to 4 inches thick — ; I 1 0 I i I I Cround►vater encountered; hmvever, not measured due to time requiredfor equilibration. Piewmeters installed in Borings B-I4, and B-20. Heaving observed inside augers below 30 ft. Boring location on east side of South Bridge Abutment. Figure 44A PAGE 2 of 3 CMG Engineering, Inc. BORING LOG BR-4 CONTINUED k- INOMI SU—b—d ffslbt Bale rn,n. z� I- Q, w J F a a < M. 1W o` 43 75 m F S-1 •C - 95 -100 -105 110 76. 80.3 PROJECT: Siiverbroolc Estates CLIENT, CTA LandWorks Cron LOCATION: See Site Man DRILLER: O'Keefe Drilling- Dave Crowl METHOD: Hollow -stem Auaer MATERIAL DESCRIPTION Lean CLAY; medium stiff to stiff, saturated, brown, gray, and pinkish -brown, interbedded with layers of silt, silty clay and sandy silt, laminated to 4 inches thick Bottom of Boring BR4 @ 80.3 ft. PROJECT 1y10�: 06-290 DATE- 11-30-06 ELEVATION: 3 005 ft _ LOGGED BY. Jeffrey-Lcl Midt GW: O11+11E2_.: j TEST RESULTS Plastic Limit i Liquld Limit Water Content (D (percent) N-values AL (Blows per foot) 1 � 1 •1 Y .4 i :i •1 Vwi �1��!•��l•� Ground►vater encountered, • however, not measured due to time required for equilibration. Pieaometers installed in Borings B-1, B-S, B-14, and B-?0. 1-leavi)tg observed inside augel•s beloii, 30 f. Boring location on east side of South Bridge Abutment. Figure 44A PAGE 3 of 3 CMG Engineering, Inc. Particle Size Distribution Report C C C C L I I I E f I I 1 I I I I r 90 I I I 1 I I l I ! I I 1! I { ! I !{ 1 eQ f 1 I I I 1 I I I I I { I I I I I I I I E I 70 I I I I I I I I I I I I I I err I I C 1 I ! I I I I I I I I i I I I I I I ! I I I I I w 60 I z I I I I I I C I I I I I LL f 1 I I ! I I I I ! I I I Z 50 w wn_ I I I f I I I I I I I I 1 ! I I I I I I I I I I 40 I I I I I 1 1 III I 1 I I I sn I I I f f 1 1 I I I I I I I 2Q I 1 I I I ! I 1 I ! I 1 1 10 I - - 0 I I# f I I I V I I I I I I I I I I 100 10 1 0.1 0.01 0.001 GRAIN SIZE - mm. %*31. % Gravel % Sand % Fines Coarse Fine Coarse Medium Fine Silt Clay 0 0.0 0.0 0.0 0.1 0.4 5.5 94.0 n 0.0 0.0 0.0 0.1 0.5 82.6 16.8 X LL PL D DSO DSO Dan Dlr, Din C CLL 0 24 ?2 ❑ NP NP 0.2207 0.1483 0.1284 0.0936 Material Description USCS AASHTO o SU T; medium stiff, moist, brown ml ❑ Silty SAND; medium dense, moist, fine grained sand, gray and brown sm Project No. 06-280 Client: CTA LandWorks Group Remarks: Project: Silverbrook Estates o Source of Sample: TP-10 Depth: 1.0 Sample Number: S-1 u Source of Sample: TP-10 Depth: 4.2 Sample Number. S-2 I _ CMG Engineering, Inc. Kalispell, Montana Figure 45A Tested By: AS Checked By: JCS Elev/ Classification Nat Depth USCS AASHTO Moist Sp.G. 1.0 ml 19 TEST RESULTS Maximum dry density = 110.6 pcf Optimum moisture = 15.7 % Project No. 06-280 Client: CTA LandWorks Group Project: Silverbrook Estates r Source: TP-10 Sample No.: S-1 ElevJDepth: 1.0 COMPACTION TEST REPORT CMG Engineering, Inc. Kalispell. Montana AV for ;p.G. _ .6 LL PI A. No.4 No.200 24 2 0.0 94.0 MATERIAL DESCRIPTION SILT; medium stiff, moist, brown interbedded with sandy silt and silty clay Remarks: Figure 46A COMPACTION TEST REPORT 104 I I 102 I- II 100 U d N C Q> 'O � I I 98 96 for ZAV Sp.G. _ 94T111d±�M2.6 4 9 14 19 24 29 34 Water content, % Test specification: ASTM D 698-91 Procedure A Standard Elev/ Depth Classification USCS AASNTO Nat Moist. Sp.G. PI %> No.4 % < No.200 4.2 srn 6 NP NP 0.0 16.8 TEST RESULTS Maximum dry density = 101'.1 pcf Optimum moisture = 18.0 % MATERIAL DESCRIPTION Silty SAND; medium dense, moist, fine grained sand, gray and brown content dCqmses with depth Project No. 06-280 Client: CTA LandWorks Group Project: Silverbrook Estates ■ Source: TP-10 Sample No.: S-2 ElevJDepth: 4.2 Remarks: Figure 47A COMPACTION TEST REPORT CMG Engineering, Inc. Kalis ell Montana California Bearing Ratio Test (CBS.) 06-280 Siiverbrook Estates 100 80E i I f I I I so O Jcc l 40 g f)} CL 20 1 i j Test Pit TP-I0, S-1 @ I.0 to 2.5 fl "-- Initial Moisture Content = I4%, After Test = 21 % 1 = } ! ! nitia[ Dry unit Wt. = 103.8 of After Soak = +_ 103.8 pcf P a I ' i:BR % at 0-1 "=4. I °!o, at 0.2"=4.2% IIfI f ff i t I E i 1 I I 0.000 0.100 0.200 0.300 0.400 0.500 Penetration (inches) Figure 48A California Bearing Retie Test (BR) 00-280 Silverbrook Estates 300 250 ,200 150 11 t iE S I •tn ; j � l , j i �I j I i N ! i tl 100 NJ Jt- Test Pit TP-10, S-2 @ 4.2 to 5.7 ft 50- Initial Moisture Content = 18%, After Test = 24% 1 ! :Initial Dry Unit Wt. = 94.7 pcf, After Soak = 94.7 pcf �,CBR%at0.1"=12.3%,at0.2"=11.3% 1 ' � I 0.000 0.10D 0.200 0.300 0.400 0.500 Penetration (inches) Figure 49A z z 2 Ice w w J J w M J LL W w D LL w Of D CO J_ T U N In a_L C� .N '0 a_ .. . Ia C a 0 7 .E CL C) J N - O LO LO L7 In LO m CO to LO In LO Ul C. In to C? V? M M I? C7 CO C? (O C`7 N 't co N N N 100 IOO N O E :3 C LO In o LO O LO C)W. In LO In Ul) N O C0 LO C? to O O In O C? 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Er N r N O � LO O Y U O -D Cn N N ch O O "t a U N O co O r > CO a a 6 f L6 L6 I f in c w 4 f l f I o O wto N C 6 � CO In O r cM o E D E c cn aN m c m T m o to o o o o M co M LO LO M N r r V 7 0 CD 7 7 0 M Cl! N 7 N N N N N h C: 0 o 0 O O O ►: M N N N N N O N O O O U� O O O CC) r 0 to M r 0 M N r q In O 0 0 CC') O 0 0 Ct) O O O M r O O r r O O rn rn M rn rn rn rn rn rn m N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O n o co 04 o co 0 m o 0 0 0 0 0 0 0 0 0 0 0 0 CD T O CA co 0 o r o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 O O O 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O V 7 C� ACV O(q Loi• n aO coo, n m Iq MCOA i r N M CO O N O r r a0 O O N [D 00 O r O' O o O N N O LO L N l i f i i i l i i l co N M co CA - M CD o r N M I o m co b co 0 0 N O L M co O O L N CD m y0 O 1 m - :3 �o D M M p H m 7 Chemleal SoU Propertles Upper Flathead Valley Area, Montana Map symbol Cation- Effective cation- Calcium Sodium Dep th exchan a Soil reaction carbon- Gypsum Salinity adsorption capacity capacity ate ratio In meq/100 g meq/100 g pH Pct Pct mmhos/cm Ab: Alluvial land 0-6 10-15 -- 6.6-8.4 1-5 0 0.0 0 6-60 5.0-10 -- 7.4-8.4 5-10 0 0.0-2.0 0 E3t:: Blanchard 0-7 1.0-5.0 — 5.6-7.8 0 0 0.0 0 7-60 1.0-5.0 --- 6.6-7.8 1-5 0 0.0 0 BE Blanchard 0-3 1.0-5.0 5.6-7.8 0 0 0.0 0 3-60 1.0-5.0 - 6.6-7.8 1-5 0 0.0 0 Bh: Blanchard 0-3 1.0-5.0 — 5.6-7.8 0 0 0.0 0 3-60 1.0-5.0 -- 6.6-7.8 1-5 0 0.0 0 Bt: Blanchard 0-7 2.0-10 - 5.6-7.8 0 0 0.0 0 7-60 1.0-5.0 - 6.6-7.8 1-5 0 0.0 0 Bv: Blanchard 0-7 2.0-10 5.6-7.8 0 0 0.0 0 7-60 1.0-5.0 6.6-7.8 1-5 0 0.0 0 Kalispell 0-8 10-20 — 6.1-7.3 0 0 0.0 0 B-13 10-15 6.6-7.8 0 0 0.0 0 13-30 5.0-10 - 7.9-8.4 10-15 0 2.0-3.0 0 30-60 5.0710 — 7.9-8.4 5-15 0 2.0-3.0 0 Kk: Kalispell 0-8 10-20 6.1-7.3 0 0 0.0 0 B-13 10-15 — 6.6-7.8 0 0 0.0 0 13-30 5.0-10 -- 7.9-8.4 10-15 0 2.0-3.0 0 30-60 5.0-10 - 7.9-8.4 5-15 0 2.0-3.0 0 Pb: Prospect 0-6 15-20 -- 6.1-7.3 0 0 0.0 0 6-14 15-20 6.6-7.8 0 0 0.0 0 14-24 10-15 6.6-8.4 5-15 0 0.0 0 24-60 5.0-10 -- 7.4-8.4 5-10 0 0.0-2.0 0 USDA Natural Resources Conservation Service This report shows only the major soils in each map unit. Others may exist. Tabular Data Version: 5 Tabular Data Version Date: 08/30/2006 Page 1 of 3 Map symbol and soil name Depth Upper Flathead Valley Area, Montana Cation- Effective Calcium Sodium cation - exchange Soil reaction carbon- Gypsum Salinity adsorption capacity exchange ate ratio capacity In meq/100 g meq/100 g pH Pct Pct rnmhos/cm Ta: Blanchard 0-7 2.0-10 - 5.6-7.8 0 0 0.0 0 7-60 1.0-5.0 --• 6.6-7.8 1-5 0 0.0 0 Flathead 0-24 10-20 --- 6.1-7.3 0 0 0.0 0 24-34 10-15 --- 6.6-7.8 0 0 0.0 0 34-44 5.0-10 6.6-7.8 0 0 0.0 0 44-60 1.0-5.0 --- 7.4-8.4 5-10 0 0.0-2.0 0 Tally 0-8 15-20 - 6.1-7.8 0 0 0.0 0 B-15 5.0-10 6.6-8.4 0 0 0.0 0 15-30 5.0-10 -•- 7.4-8.4 0 0 0.0-2.0 0 30-60 5.0-10 7.4-8.4 5-15 0 0.0-2.0 0 Tb: Blanchard 0-5 2.0-10 - 5.6-7.8 0 0 0.0 0 5-60 1.0-5.0 - 6.6-7.8 1-5 0 0.0 0 Flathead 0-24 10-20 --- 6.1-7.3 0 0 0.0 0 24-34 10-15 6.6-7.8 0 0 0.0 0 34-44 5.0-10 .-- 6.6-7.8 0 0 0.0 0 44-60 1.0-5.0 --- 7.4-8.4 5-10 0 0.0-2.0 0 Tally 0-6 15-20 -•• 6.1-7.8 0 0 0.0 0 6-15 5.0-10 -•• 6.6-8.4 0 0 0.0 0 15-30 5.0-10 --- 7.4-8.4 0 0 0.0-2.0 0 30-60 5.0-10 7.4-8.4 5-15 0 0.0-2.0 0 Td: Blanchard 0-5 2.0-10 -- 5.6-7.8 0 0 0.0 0 5-60 1.0-5.0 - 6.6-7.8 1-5 0 0.0 0 Flathead 0-24 10-20 6.1-7.3 0 0 0.0 0 24-34 10-15 6.6-7.8 0 0 0.0 0 34-44 5.0-10 --- 6.6-7.8 0 0 0.0 0 44-60 1.0-5.0 --- 7.4-8.4 5-10 0 0.0-2.0 0 Tally 0-6 15-20 6.1-7.8 0 0 0.0 0 6-15 5.0-10 - 6.6-8.4 0 0 0.0 0 15-30 5.0-10 - 7.4-8.4 0 0 0.0-2.0 0 30-60 5.0-10 -- 7.4-8.4 5-15 0 0.0-2.0 0 USDA Natural Resources This report shows only the major soils in each map unit. Others may exist. Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 2 of 3 Map symbol and soil name Tg: Blanchard Flathead Tally Upper Flathead Valley Area, Montana Cation- Effective Calcium Sodium Depth P exchange 9 cation- exchangecapacity Soil reaction carbon- Gypsum Salinity adsorption capacity ate ratio In meq/100 g meq/100 g pH Pct Pct mmhos/cm 0-7 2.0-10 — 5.&7.8 0 0 0.0 0 7-60 1.0-5.0 6.6-7.8 1-5 0 0.0 0 0-24 10-20 -- 6.1-7.3 0 0 0.0 0 24-34 10-15 --- 6.6-7.8 0 0 0.0 0 34-44 5.0-10 6.6-7.8 0 0 0.0 0 44-60 1.0-5.0 - 7.4-8.4 5-10 0 0.0-2.0 0 0-8 1 5-20 6.1-7.8 0 0 0.0 0 B-15 5.0-10 — 6.6-8.4 0 0 0.0 0 1 5-30 5.0710 - 7:4-8.4 0 0 0.0-2.0 0 30-60 5.0-10 7:4-8.4 5-15 0 0.0=2.0 0 USDANatural Resources This report shows only the major soils in each map unit. Others may exist. Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 3 of 3 m LL m a G_ Z) C C c G a) a) al a) O c o- O' 7 O" c 0 c c O c 0 c 0 0 c 0 c C 0 O LL LL LL m m m a) N N m a) m (1) a) (1) a) N c c c c c c c c c c ,C O O O O O O O O O O O Z Z Z Z Z Z Z Z Z Z Z r, E I I I i I I I I I I 00 I 00 L I Li o n r'i Eli m aa)i N N N N 0m _ I?U U U 9 0 0 'c �.' c c c c c C c c c 4 a] U Q Q Q Q Q co m co r _— O La U m a] U m U co O_ a O a j c 0 c c c U C N 0 to _ m m m a7 a] N m Q m m r m Co > m a; x 32 Y E a m m m m m Y Y LL N E O L_ r p1 a 0 0 0 N 0 Lo M 0 C 0 o .N a� m > 0 c o m ` U � `m > � m a m m Li H a] 7 a m I— CO- N a n D C C C C C C C C C C C C O O O O O O O O O O O O z Z z Z Z Z 2 z 2 z z z N N N N N N N O N N N N C C C C C C C C c c c c O O O O O O O O O O O O Z Z Z Z Z Z Z Z Z Z Z Z �L ! i I ! 1 I CC L1 U U U U U U U U U U U U N N N N N N N 47 d N N N c C C C C C C C C C C C Q m m Q m m Q m m Q m m L O U L O U L O O L f0 N U c L U T c L U T C L U T c L 2P% w f0 N l0W LO lD l0 g ma j m LL m LL F- m LL H O1 m LL F- H H H `m O m m m o o O 'J O J J J cO G CCO G G CcO G cO G cpc G L (0 m m 16 m L L L m _m a`) m m ) m m m_ a) = O O O O O = _ _rn = O m m m m _0 J J J O J J O O J O E ! ? I I E I E E I I I I I i I E I I I _c m m U m U m U m U m U — O. — O_ U m L c C C C c N 'c y 'co O. V7 U = m m m m m O m i Q ai c0 m t c0 CO > m ai `1 x Y -6 d ai m m m 00 m `L `L d cD 0 0 N O L co C C) O E2 N m > ❑ _m c O m ` ❑ m m > � m m m ❑ �o m J 'a)J a J CD T) J J 'm D J JJ E" ' O O 2 O d L_ 0 C 0) N 0) a E E L t f0 L L (D L _01 L _m CD L L O = = O = _ 2 `o E m 10 10 07 W 30 07 07 N � 10 E2 >` o CD 'a (D 'D J 0) 0 'J (D J 0) N L CO L cO L CO L CO G CO L CO L CO C N i. O a w FN_ r CD 0 0 N O LO Cl) co C O O C" m f f0 7 � f0 lV ! ! k I I I C 1 I 1 I I a� u 0 o p a� o AG � � w Z U, (0 m m mL m mQ Q NO 1 L C a) �' L C f0 0) T 2 N (0 Source of Sated and Gravel Upper Flathead Valley Area, Montana [The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigation. The numbers in the value columns range from 0.00 to 0.99. The larger the value, the greater the likelihood that the bottom layer or thickest layer of the soil is a source of sand or gravel] Pct. Potential as a source of gravel Potential as a source of sand Map symbol of and soil name map unit Rating class and Value Rating class and Value limiting features limiting features Alluvial land 90 Poor Fair Bottom layer 0 Thickest layer 0 Thickest layer 0 Bottom layer 0.02 Be: Blanchard 85 Poor Fair Bottom layer 0 Bottom layer 0.34 Thickest layer 0 Thickest layer 0.34 Bf: Blanchard 80 Poor Fair Bottom layer 0 Bottorn layer 0,34 Thickest layer 0 Thickest layer 0.34 Bh: Blanchard 80 Poor Fair Bottom layer 0 Bottom layer 0.34 Thickest layer 0 Thickest layer 0.34 Bt: Blanchard 80 Poor Fair Bottom layer 0 Thickest layer 0 Thickest layer 0 Bottom layer 0.03 Bv: Blanchard 80 Poor Fair Bottom layer 0 Thickest layer 0 Thickest layer 0 Bottom layer 0.03 Ke Kalispell 90 Poor Fair Bottom layer 0 Thickest layer 0 Thickest layer. 0 Bottom layer 0.07 Kk: Kalispell 80 Poor Fair Bottom layer 0 Thickest layer 0 Thickest layer 0 Bottom layer 0.07 Pb: Prospect 80 Poor Poor Bottom layer 0 Bottom layer 0 Thickest layer 0 Thickest layer 0 USDANatural Resources This report shows only the major soils in each map unit. Others may exist Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 1 of 3 Upper Flathead Valley Area, h/ontana Pct. Potential as a source of gravel Potential as a source of sand Map symbol of and soil name map unit Rating class and Value Ratingclass and Value limitingfeatures j I limitingfeatures I Ta: Blanchard 30 Poor Fair Bottom layer 0 Thickest layer 0 Thickest layer 0 Bottom layer 0.03 Flathead 30 Poor Fair Bottom layer 0 Thickest layer 0.01 Thickest layer 0 Bottom layer 0.06 Tally 30 Poor Fair Bottom layer 0 Thickest layer 0 Thickest layer 0 Bottom layer 0.06 Tb: Blanchard 30 Poor Fair Bottom layer 0 ThickestieYer 0 Thickest layer 0 Bottom layer ' 0.03 Flathead 30 Poor Fair Bottom layer 0 Thickest layer 0.01 Thickest layer 0 Bottom layer 0.06 Tally 30 Poor Fair Bottom layer 0 Thickest layer 0 Thickest layer 0 Bottom layer 0.06 Td: Blanchard 30 Poor Fair Bottom layer 0 Thickest layer 0 Thickest layer 0 Bottom layer 0.03 Flathead 30 Poor Fair Bottom layer 0 Thickest layer 0.01 Thickest layer 0 Bottom layer 0.06 Tally 30 Poor Fair Bottom layer 0 Thickest layer 0 Thickest layer 0 Bottom layer 0.06 Tg: Blanchard 30 Poor Fair Bottom layer 0 Thickest layer 0 Thickest layer 0 Bottom layer 0.03 Flathead 30 Poor Fair Bottom layer 0 Thickest layer 0.01 Thickest layer 0 Bottom layer 0.06 USDA Natural Resources This report shows only the major soils in each map unit. Others may exist Conservation Service Tabular Data Tabular Data Version Version: 5 Date: 08/30/2006 Page 2 of 3 Map symbol and soil name Tg: Tally Source of Bead and Grave[ Upper Flathead Valley Area, Montana Pct. J Potential as a source of gravel of map - — unit Rating class and Valui limiting features 30 Poor Bottom layer 0 Thickest layer 0 Potential as a source of sand Rating class and Value limiting features Fair Thickest layer 0 Bottom layer 0.06 USDANatural Resources This report shows only the major soils In each map unit. Others may exist. Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 3 of 3 Source of Reclamat[on Materials Roadf[II, and Topscl[ Upper Flathead Valley Area, Montana [The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigation, The numbers in the value columns range from 0.00 to 0.99. The smaller the value, the greater the limitation] Map symbol Pct. of Potential as a source of reclamation material Potential as a source of roadfill Potential as a source of topsoil and soil name map unit Rating class and Value Rating class and Value Rating class and Value limiting features limiting features limiting features HD: Alluvial land 90 Fair Good Good Organic matter 0.88 content low Be: Blanchard 85 Poor Good Poor Too sandy 0 Too sandy 0 Wind erosion 0 Organic matter 0.13 content low Droughty 0.39 Bf: Blanchard 80 Poor Good Poor Too sandy 0 Too sandy 0 Wind erosion 0 Organic matter 0.13 content low Droughty 0.37 Bh: Blanchard 80 Poor Good Poor Too sandy 0 Too sandy 0 Wind erosion 0 Slope 0.84 Organic matter 0.13 content low Droughty 0.37 Bt: Blanchard 80 Fair Good Fair Organic matter 0.13 Too sandy 0.16 content low Slope 0.84 Too sandy 0.16 Droughty 0.73 Bv. Blanchard 80 Fair Poor Poor Organic matter 0.13 Slope 0 Slope 0 content low Too sandy 0.16 Too sandy 0.16 Droughty 0.73 USDANatural Resources This report shows only the major soils in each map and Others may exist. Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 1 of 3 Upper Flathead Valley Area, Montana Pct. Potential as a source of Potential as a source of roadfill Potential as a source of topsoil Map symbol of reclamation material and soil name map unit Rating class and Value Rating class and Value Rating class and Value limiting features limiting features limiting features Ke: Kalispell 90 Fair Good Good Organic matter 0.13 content low Water erosion 0.99 Kk: Kalispell 80 Fair Good Fair Organic matter 0.13 Slope 0.84 content low Water erosion 0.99 Pb: Prospect 80 Fair Good Poor Organic matter 0.13 Rock fragments 0 content low Hard to reclaim (rock 0.82 Water erosion 0.99 fragments) Ta: Blanchard 30 Fair Good Fair Organic matter 0.13 Too sandy 0.16 content low Too sandy 0.16 Droughty 0.73 Flathead 30 Good Good Fair Hard to reclaim (rock 0.92 fragments) Tally 30 Fair Good Good Organic matter 0.13 content low Tb: Blanchard 30 Fair Good Fair Organic matter 0.13 Too sandy 0.16 content low Too sandy 0.16 Droughty 0.64 Water erosion 0.99 Flathead 30 Good Good Fair Hard to reclaim (rock 0.92 fragments) Tally 30 Fair Good Good Organic matter 0.13 content low U S D ANatural Resources This report shows only the major soils in each map unit. Others may exist. Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 2 of 3 Source of Reclamalfion MaterW, Roadfi@C, and TopsoR Upper Flathead Valley Area, Montana Map symbol Pct. of Potential as a source of reclamation material Potential as a source of roadfill Potential as a source of topsoil and soil name map - unit Rating class and Value Rating class and Value Rating class and Value limiting features limiting features limiting features Td: Blanchard 30 Fair Good Fair Organic matter 0.13 Too sandy 0.16 content low Too sandy 0.16 Droughty 0.64 Water erosion 0.99 Flathead 30 Good Good Fair Hard to reclaim (rock 0.92 fragments) Tally 30 Fair Good Good Organic matter 0.13 content low Tg: Blanchard 30 Fair Fair Poor Organic matter 0.13 Slope 0.98 Slope 0 content low Too sandy 0.16 Too sandy 0.16 Droughty 0.73 Flathead 30 Good Fair Poor Slope 0.98 Slope 0 Hard to reclaim (rock 0.92 fragments) Tally 30 Fair Fair Poor Organic matter 0.13 Slope 0.98 Slope 0 content low USDANatural Resources This report shows only the major soils in each map unit. Others may exist. Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 3 of 3 Dws[Hngs and Small Commerclal Eulldlngs Upper Flathead Valley Area, Montana [The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigation. The numbers in the value columns range from 0.01 to 1.00. The larger the value, the greater the potential limitation. The table shows only the top five limitations for any given soil. The soil may have additional limitations] Map symbol Pct• of Dwellings without basements Dwellings with basements Small commercial buildings and soil name map unit Rating class and Value Rating class and Value Rating class and Value limiting features limiting features limiting features AD: Alluvial land 90 Very limited Very limited Very limited Flooding Flooding 1 Flooding 1 Depth to saturated 0.61 zone Be: Blanchard 85 Not limited Not limited Not limited Bf: Blanchard 80 Not limited Not limited Not limited Bh: Blanchard 80 Somewhat limited Somewhat limited Very limited Slope 0.16 Slope 0.16 Slope 1 Bt: Blanchard 80 Somewhat limited Somewhat limited Very limited Slope 0.16 Slope 0.16 Slope 1 Bw Blanchard 80 Very limited Very limited Very limited Slope i Slope Slope 1 Ke: Kalispell 90 Not limited Not limited Not limited Kk: Kalispell 80 Somewhat limited Somewhat limited Very limited Slope 0.16 Slope 0.16 Slope I Pb. Prospect 80 Not limited Not limited Somewhat limited Slope 0.13 1-2t: Blanchard 30 Not limited Not limited Not limited Flathead 30 Not limited Not limited Not limited Tally 30 Not limited Not limited Not limited Tb: Blanchard 30 Not limited Not limited Not limited This report shows only the major soils in each map unit Others may exist USDANatural Resources Y Conservation Service Tabular Data Version: 5 Tabular Data Version Date: 08/30/2006 Page 1 of 2 Dwellings and Small Commercial Sulldings Upper Flathead Valley Area, Montana Pct. Dwellings without basements Dwellings with basements Small commercial buildings Map symbol of and soil name map unit Rating class and limiting features Value I Rating class and limiting feat Value I Rating class and limiting features Value Tb Flathead 30 Not limited Not limited Not limited Tally 30 Not limited Not limited Not limited Td: Blanchard 30 Not limited Not limited Somewhat limited Slope 0.13 Flathead 30 Not limited Not limited Somewhat limited Slope 0.13 Tally 30 Not limited Not limited Somewhat limited Slope 0.13 Tg: Blanchard 30 Very limited Very limited Very limited Slope 1 Slope 1 Slope 1 Flathead 30 Very limited Very limited Very limited Slope 1 Slope a Slope 1 Tally 30 Very limited Very limited Very limited Slope 1 Slope 1 Slope 1 USDA Natural Resources This report shows only the major soils in each map unit. Others may exist. Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 2 of 2 Roads and Streets; Shallow EKcavatIons, and Lawns and LandscapIng Upper Flathead Valley Area, Montana [The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigation. The numbers in the value columns range from 0.01 to 1.00. The larger the value, the greater the potential limitation. The table shows only the top five limitations for any given soil. The soil may have additional limitations] Pct. Local roads and streets Shallow excavations Lawns and landscaping Map symbol of and soil name map Rating class and Value Rating class and Value Rating class and Value unit limiting features limiting features limiting features Ab: Alluvial land 90 Very limited Somewhat limited Very limited Flooding 1 Flooding 0.8 Flooding .I Frost action 0.5 Depth to saturated 0.61 zone Cutbanks cave 0.1 Be: Blanchard 85 Not limited Very limited Somewhat limited Cutbanks cave 1 Droughty 0.63 Bf: Blanchard 80 Not limited Very limited Somewhat limited Cutbanks cave 1 Droughty 0.67 Bh: Blanchard 80 Somewhat limited Very limited Somewhat limited Slope 0.16 Cutbanks cave 1 Droughty 0.67 Slope 0.16 Slope 0.16 Bt: Blanchard 80 Somewhat limited Very limited Somewhat limited Slope 0.16 Cutbanks cave 1 Droughty 0:17 Slope 0.16 Slope 0.16 Bv: Blanchard 80 Very limited Very limited Very limited Slope Slope 1 Slope 1 Cutbanks cave 1 Droughty 0.17 Ke: Kalispell 90 Somewhat limited Very limited Not limited Frost action 0.5 Cutbanks cave 1 Kk: Kalispell 80 Somewhat limited Very limited Somewhat limited Frost action 0.5 Cutbanks cave 1 Slope 0.16 Slope 0.16 Slope 0.16 Pb: Prospect 80 Somewhat limited Very limited Somewhat limited Frost action 0.5 Cutbanks cave 1 Large stones content 0.01 USDANatural Resources This report shows only the major soils in each map unit. Others may exist Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 1 of 2 Roads and Streets, Shallow Excavate ons, and fawns and Landscaping Upper Flathead Valley Area, Montana Pct. Local roads and streets Shallow excavations Lawns and landscaping Map symbol of and soil name map unit Rating class and limiting features Value Rating class and limiting features Value I Rating class and Value limiting features Ta: Blanchard 30 Not limited Very limited Somewhat limited Cutbanks cave 1 Droughty 0.17 Flathead 30 Somewhat limited Very limited Not limited Frost action 0.5 Cutbanks cave 1 Tally 30 Somewhat limited Very limited Not limited Frost action 0.5 Cutbanks cave 1 Tb: Blanchard 30 Not limited Very limited Somewhat limited Cutbanks cave t Droughty 0.29 Flathead 30 Somewhat limited Very limited Not limited Frost action 0.5 Cutbanks cave 1 Tally 30 Somewhat limited Very limited Not limited Frost action 0:5 Cutbanks cave 1 Td: Blanchard 30 Not limited Very limited Somewhat limited Cutbanks cave 1 Droughty 0.29 Flathead 30 Somewhat limited Very limited Not limited Frost action 0.5 Cutbanks cave I Tally 30 Somewhat limited Very limited Not limited Frost action 0.5 Cutbanks cave t Tg: Blanchard 30 Very limited Very limited Very limited Slope 1 Cutbanks cave 1 Slope 1 Slope 1 Droughty 0.17 Flathead 30 Very limited Very limited Very limited Slope 1 Cutbanks cave 1 Slope 1 Frost action 0.5 Slope 1 Tally 30 Very limited Very limited Very limited Slope 1 Cutbanks cave Slope 1 Frost action 0.5 Slope USDA Natural Resources This report shows only the major soils in each map unit. Others may exist Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 2 of 2 RUSLE2 Retate f Attrobutes Upper Flathead Valley Area, Montana Pct. of Representative value Map symbol and soil name map unit Hydrologic group Kf T factor % Sand % Silt % Clay Ab: Alluvial land 90 C .37 5 44.3 40.7 15.0 Be: Blanchard 85 A .17 5 96.8 0.7 2.5 Bf: Blanchard 80 A .17 5 96.8 0.7 2.5 Bh. Blanchard 80 A .17 5 96.8 0.7 2.5 Bt: Blanchard 80 A .32 5 61.4 33.6 5.0 Bv: Blanchard 80 A 32 5 61.4 33.6 5.0 Ke: Kalispell 90 B 18 5 44.8 41.2 14.0 Kk: Kalispell 80 B .28 5 44.8 41.2 14.0 Pb: Prospect 80 t3 .37 5 39.8 37.7 22.5 Ta: Blanchard 30 A .32 5 61.4 33.6 5.0 Flathead 30 B .17 5 69.6 16.4 14.0 Tally 30 B :20 3 68.8 16.2 15.0 Tb: Blanchard 30 A .37 5 61.4 33.6 5.0 Flathead 30 B 17 5 69.6 16.4 14.0 Tally 30 B .20 3 68.8 16.2 15.0 Td: Blanchard 30 A .37 5 61.4 33.6 5.0 Flathead 30 B 17 5 69.6 16.4 14.0 USDANatural Resources This report shows only the major soils in each map unit. Others may exist Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 1 of 2 RUSLE2 Related Attributes Upper Flathead Valley Area, Montana Representative value Map symbol and soil name Pct. Of map unit Hydrologic group Kf T factor % Sand I % Silt I % Clay Td: Tally 30 B .20 3 68.8 16.2 15.0 Tg: Blanchard 30 A .32 5 61.4 33.6 5.0 Flathead 30 B .17 5 69.6 16.4 14.0 Tally 30 B .20 3 68.8 16.2 15.0 USDA Natural Resources This report shows only the major soils in each map unit. Others may exist. Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 2 of 2 LO Lo Ln Ln O (n L') O rNI c\, c w � C C U O � � a 0 a (n (n (n (n o m (n E (D N N 0 U E� 0 LL M IoL C O U O1 U f 0_ N N N NCo �. al ( m —0C m _ O E 2; a) m d N 0 c a += L U co a) E p CD N a 2m a y m y c U ;C o m U U M. m � c� a` o a U rn C (a O d iO 07 a C o Z) U IC O` N a)F�F O aD C C O L t N U Q N O Z> AW U N 3 J C1 m Q O > m O m 0 20 0 _ '0 '0 � N Q f7 L Cc,)>O �+ -0 O ` m r N m LL LL ` 0 o Q a N _ m r N o G% N CD o LL T C a7 N -p O m d C �o o, U .O V O m W Q%13) 3 C O m N 0 0 0 0 0 N N N N N O O O O O cc W 00 m aD N N N N N N N N N N P 10 U U (9 (0 cc m (0 U U U U C.)C a7 C (a C N C a] C (0 m m m m m ai = m m m m m 0 (D a O H O CJ M M M M N N O l0 O of M M M M N N �- N O C C O _ m co •y Of O a _ E y 0 p c:O CL LL � yl c O N 07 N y y U N ? m C cc 01 67 cc W m M m 3 m U N L C CDO (0 N L U y N (0 C N r IDv rn y C c d_ CL m O E m E m r t E m °' 0 = m O O 0 7 m L U N O m U o N O � Q � .m_ �' J c U 7 0 CD_ O m m €(D V Q Z T -0 3 Z � � o Fes°- y o m a d Q N O m J LL o E E c w 0 O. y m � V) y N y -0 y N m m N CDf0 ?� `7 m 'O V L 3 m c o= c of ami u� m L N (cG N U w C y w U 0 c �. 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C C N O fU C Nccm N 0 v N N 7 (� N 7 O d C m C a a a 7 O C m V N N CL a U) m z O O O (n G 0 V a CD 0 0 m U N > N a 0 Z) -o IC m a cq L � U O f0 Q O Z V 3 0 m 76o > o o N L � a � U N l0 f0 Q N O> > J O L LL �+ f0 LL L y d a -0 a C :3 M N 6. 6. O LL V) C � m ai a 0 C U Lli cn C to 3 N N N N N a m U 6 O 47 3 f0 ID cn 0) L a C77 C C 7 N N N U C 7 w InL O. d a N rn L_ :3 7 m O Cr O O o 0 Lq o0 N N f0 m LL F- Upper Flathead Valley Area, Montana Total dry -weight production Map symbol and soil name Ecological site - - Favorable Normal Unfavorable year year year Lb/ac Lb/ac Lb/ac Ab: Alluvial land Wet Meadow (WM) 15-19" p.z. 3,360 2,800 1,960 Be: Blanchard -- 2,200 1,800 1,200 Bf: Blanchard -• 2,200 1,800 1,200 511. Blanchard --- 2,200 1,800 1,200 Bt: Blanchard - 2,200 1,800 1,200 Bv: Blanchard - 2,200 1,800 1,200 Ke: Kalispell Silty (Si) 15-19" p.z. 2,300 1,800 1,200 Kk: Kalispell Silty (Si) 15-19" p.z. 2,300 1,800 1,200 Pb: Prospect Silty (Si) 15-19" p.z. 2,200 1,800 1,400 Ta: Blanchard 2,200 1.800 1,200 Flathead - Tally Sandy (Sy) 15-19" p.z. 2,600 2,200 1,500 Tb: Blanchard 2,200 1,800 1,200 Flathead Tally Sandy (Sy) 15-19" p.z. 2,600 2,200 1,500 Td: Blanchard - 2,200 1,800 1,200 USDANatural Resources This report shows only the major soils in each map unit. Others may exist. Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 1 of 2 Rangeliand Feoductly[ty Upper Flathead Valley Area, Montana Map symbol Ecological site Total dry -weight production and soil name Favorable Normal Unfavorable year year year Lb/ac Lb/ac Lb/sc Td: Flathead Tally Sandy (Sy) 15-19" p.z. 2,600 2,200 1,500 Tg: Blanchard 2,200 1,800 1,200 Flathead --• Tally Sandy (Sy) 15-19" p.z. 2,600 2,200 1,500 U S DA Natural Resources This report shows only the major soils In each map unit. Others may exist. Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 2 of 2 Foods and Embankments Upper Flathead Valley Area, Montana [The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigation. The numbers in the value columns range from 0.01 to 1.00. The larger the value, the greater the potential limitation. The table shows only the top five limitations for any given soil. The soil may have additional limitations]. Map symbol Pct. of Pond reservoir areas Embankments, dikes, and levees Aquifer -fed excavated ponds and soil name map - - Rating class and Value Rating class and Value Rating class and Value unit limiting features limiting features limiting features Ab: Alluvial land 90 Very limited Somewhat limited Somewhat limited Seepage 1 Seepage 0.02 Depth to saturated 0.81 zone Cutbanks cave 0.1 Be: Blanchard 85 Very limited Somewhat limited Very limited Seepage 1 Seepage 0.34 Depth to water 1 Bf: Blanchard 80 Very limited Somewhat limited Very limited -Seepage 1 Seepage 0.34 Depth to water 1 Bh: Blanchard 80 Very limited Somewhat limited Very limited Seepage 1 Seepage 0.34 Depth to water 1 Bt: Blanchard 80 Very limited Somewhat limited Very limited Seepage 1 Seepage 0.03 Depth to water 1 Bv: Blanchard 80 Very limited Somewhat limited Very limited Seepage 1 Seepage 0.03 Depth to water 1 Slope 0.64 Ke: Kalispell 90 Somewhat limited Very limited Very limited Seepage 0.7 Piping 1 Depth to water 1 Seepage 0.07 Kk: Kalispell 80 Somewhat limited Very limited Very limited Seepage 0.7 Piping 1 Depth to water 1 Seepage 0.07 Pb: Prospect 80 Somewhat limited Very limited Very limited Seepage 0.7 Piping 1 Depth to water 1 Ta: Blanchard 30 Very limited Somewhat limited Very limited Seepage 1 Seepage 0.03 Depth to water 1 USDANatural Resources This report shows only the major soils in each map unit. Others may exist. Conservation Service Tabular Data Version: 5 Tabular Data Version Date: 08/30/2006 Page 1 of 2 Ponds and Embankinemts Upper Flathead Valley Area, Montana Pct. Pond reservoir areas Embankments, dikes, and Aquifer -fed excavated ponds Map symbol of levees and soil name map unit Rating class and Value Rating class and Value Rating class and Value limiting features limiting features limiting features Ta: Flathead Tally Tb: Blanchard Flathead Tally Td: Blanchard Flathead Tally Tg: Blanchard Flathead Tally 30 Very limited Seepage 30 Very limited Seepage 30 Very limited Seepage 30 Very limited Seepage 30 Very limited Seepage 30 Very limited Seepage 30 Very limited Seepage 30 Very limited Seepage 30 Very limited Seepage Slope 30 Very limited Seepage Slope 30 Very limited Seepage Slope Somewhat limited Seepage Somewhat limited 1 Seepage Somewhat limited 1 Seepage Somewhat limited 1 Seepage Somewhat limited 1 Seepage Somewhat limited 1 Seepage Somewhat limited 1 Seepage Somewhat limited 1 Seepage Somewhat limited 1 Seepage 0.05 Somewhat limited 1 Seepage 0.05 Somewhat limited 1 Seepage 0.05 Very limited 0.06 Depth to water Very limited 0.06 Depth to water Very limited 0.03 Depth to water Very limited 0.06 Depth to water Very limited 0.06 Depth to water Very limited 0.03 Depth to water Very limited 0.06 Depth to water Very limited 0.06 Depth to water Very limited 0.03 Depth to water Very limited 0.06 Depth to water Very limited 0.06 Depth to water 1 7 1 1 i 7 1 1 1 1 1 USDA Natural Resources This report shows only the major soils in each map unit. Others may exia Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 2 of 2 . CC- rnp Areas, l tcnl ri Areas, and C— LC1ygrlL'unds Upper Flathead Valley Area, Montana [The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigation. The numbers in the value columns range from 0.01 to 1.00. The larger the value, the greater the potential limitation. The table shows only the top five limitations for any given soil. The soil may have additional limitations) Map symbol Pct. of Camp areas Picnic areas -T Playgrounds and soil name map unit Rating class and Rating class and Rating class and limiting features Value Value limiting features limiting features Value Ab: Alluvial land 90 Very limited Somewhat limited Very limited Flooding 1 Flooding 0.4 Flooding 1 Be: Blanchard 85 Very limited Very limited Very limited Too sandy 1 Too sandy 1 Too sandy 1 Slope 0.5 Bf: Blanchard 80 Very limited Very limited Very limited Too sandy 1 Too sandy 1 Too sandy 1 Slope 0.5 B h: Blanchard 80 Very limited Very limited Very limited Too sandy 1 Too sandy 1 Slope 1 Slope 0.16 Slope 0.16 Too sandy 1 Bt: Blanchard 80 Somewhat limited Somewhat limited Very limited Slope 0.16 Slope 0.16 Slope 1 Bv: Blanchard 80 Very limited Very limited Very limited Slope 1 Slope i Slope 1 Ke: Kalispell 90 Not limited Not limited Not limited Kk: Kalispell 80 Somewhat limited Somewhat limited Very limited Slope 0.16 Slope 0.16 Slope 1 Pb- Prospect 80 Not limited Not limited Somewhat limited Slope 0.88 Ta: Blanchard 30 Not limited Not limited Not limited Flathead 30 Not limited Not limited Not limited Tally 30 Not limited Not limited Not limited USDANatural Resources This reporl shows only the major soils in each map unit. Others may exist Conservation Service Tabular Data Version: 5 Tabular Data Version Date: 08/30/2006 Page 1 of 2 Camp Areas, Ncn[c Areas, and RCaygrounds Upper Flathead Valley Area, Montana Pct. Camp areas Picnic areas Playgrounds Flap symbol of and soil name map unit Rating class and Value Rating class and Value Rating class and Value limiting features limiting features limiting features Tb: Blanchard 30 Not limited Not limited Not limited Flathead 30 Not limited Not limited Not limited Tally 30 Not limited Not limited Not limited Td: Blanchard 30 Not limited Not limited Somewhat limited Slope 0.88 Flathead 30 Not limited Not limited Somewhat limited Slope 0.88 Tally 30 Not limited Not limited Somewhat limited Slope 0.88 Tg: Blanchard 30 Very limited Very limited Very limited Slope f Slope 1 Slope 1 Flathead 30 Very limited Very limited Very limited Slope 1 Slope 1 Slope 1 Tally 30 Very limited Very limited Very limited Slope 1 Slope 1 Slope 1 USDA Natural Resources Conservation Service This report shows only the major soils in each map unit. Others may axis. Tabular Data Version: 5 Tabular Data Version Date: 08/30/2006 Page 2 of 2 Paths, irat6sg and Golf FaIrways Upper Flathead Valley Area, Montana [The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigatior. The numbers in the value columns range from 0.01 to 1.00. The larger the value, the greater the potential limitation. The table shows only the top five limitations for any given soil. The soil may have additional limitations] Pct. Paths and trails Off -road motorcycle trails Golf fairways Map symbol of and soil name map unit Rating class and Value Rating class and Value 1----Iimiting Rating class and Valuelimiting features limiting features features HD: Alluvial land 90 Somewhat limited Somewhat limited Very limited Flooding 0.4 Flooding 0.4 Flooding 1 Be: Blanchard 85 Very limited Very limited Somewhat limited Too sandy 1 Too sandy 1 Droughty 0.63 Bf: Blanchard 80 Very limited Very limited Somewhat limited Too sandy 1 Too sandy 1 Droughty 0.67 Bh: Blanchard 80 Very limited Very limited Somewhat limited Too sandy 1 Too sandy 1 Droughty 0.67 Slope 0.16 Bt: Blanchard 80 Not limited Not limited Somewhat limited Droughty 0.17 Slope 0.16 Bv: Blanchard 80 Very limited Somewhat limited Very limited Slope 1 Slope 0.56 Slope 1 Droughty 0.17 Ke: Kalispell 90 Not limited Not limited Not limited Kk: Kalispell 80 Not limited Not limited Somewhat limited Slope 0.16 Pb: Prospect 80 Not limited Not limited Somewhat limited Large stones content 0.01 Ta: Blanchard 30 Not limited Not limited Somewhat limited Droughty 0.17 Flathead 30 Not limited Not limited Not limited USDANatural Resources This report shows only the major soils in each map unit. Others may exist. Conservation Service Tabular Data Version: 5 Tabular Data Version Date: 08/30/2006 Page 1 of 2 Paths, Trans; and Golf Fakways- Upper Flathead Valley Area, Montana Pct. Paths and trails Off -road motorcycle trails Golf fairways Map symbol of and soil name map unit Rating class and limiting features Value Rating class and limiting features Value Rating class and limiting features Value Ta: Tally 30 Not limited Not limited Not limited Tb: Blanchard 30 Not limited Not limited Somewhat limited Droughty 0.29 Flathead 30 Not limited Not limited Not limited Tally 30 Not limited Not limited Not limited Td: Blanchard 30 Not limited Not limited Somewhat limited Droughty 0.29 Flathead 30 Not limited Not limited Not limited Tally 30 Not limited Not limited Not limited Tg: Blanchard 30 Somewhat limited Not limited Very limited Slope 0.02 Slope 1 Droughty 0.17 Flathead 30 Somewhat limited Not limited Very limited Slope 0.02 Slope 1 Tally 30 Somewhat limited Not limited Very limited Slope 0.02 Slope 1 i USDA This report shows only the major soils in each map unit. Others may exist. Natural Resources Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 2 of 2 D 5 n d a C 7 N N C a O. CD a>> m E E E E 2 L N N O O U a) CD Py d cc ` c C C C C c 0 C N T 10 N 10 m c9 {ii c0 N O Y O O O O L L L L a m C7 a cq U) U) rTi in Z a a ° n m m r 2 ° c 2 m.:c 2 ° c 2 Y U m c y C a L C 03 L M a L c ,> m > a a> c m o p. p 2 c c O 2 c c 2::m c c 2 C C E E Y N C _0 Y C 'a Y N C -0 Y' C E O E O c c U O N o c N N° c U N O c ci n cn ° U. U O d W 7 w cn o o LL Of 7� Ix co O,' 0..7 d. W W co O o a W 7 w to U L t w C ° E u U E L) U co L) '3 O U N 7 U)C C N N C LN U L c0 N N L f0 N N ,C f0 N 0 L -l0 N N C7 2 Y 0) C N Y d C N X @ C Y 0) C N U U U L c C C C , (0 f0 l0 f0 m m m m 0 Q) a 9� G a a cD a> m a i E E m a> U N N O O _E m y O �r3 @ N j w y O _E m 2 m o c c c C m o c c c c m o c c N c d C .0 N C 13] m N •C 'C C N C 41 N Ca C N m N N m m +Y3 p 43 O m N N `7 C N O d O 72� 3 2 p 7 Q d] .0 7 O 7 i mc7a�inm mt7a�iOrn i in m aofUn N CO 1] U .?, a CO f c 2 o aa) c 2 of m e - aa) c 2 t CD 0 N N 0 i+0 N d C :° N N 0 «0 6 0 V N O o a r U 7 N o a O t M 7 m N O o a U 7 o N a m o 2 c C CO 2 C C O C C CO C m m T m mm m 'Cc) .m E m E 5 aci � E Le) aci m o Yu m> o 0 o� m w U) o 09 c Ir C/) m o o 5-2 f a of w 'u) o c) o of D= cn in m U U m E U O a O C N V C N r C m d E N 7 � E 0' Y N C N C N Y 7 N C d o m m m N N N C L p m O m m ] y Y m U- Y Y d H ro 0 0 N O LO M O C O 0 � m m 0 C C_ C_ ID CL E E m a> E a> E to 0 m N O 41 O N J R5 C C CC '� t C a N W C `O C C f0 `O /0 C -N f0 (0 C9 w 2 C N A m 7� 0�- .l0 .0 'C � o 7� 'C A c7 g Zi � fx w in m a fl� cn 0 n. 0� in 0 a Z a a a CD m CD •� .N ^, O U '�-' f0 C N m C a C> N [0 YO C ,n f0 YO U f0 y C •l9 N s o— o cc a a� d m cLi > Co c ,n o o a c o a n o U a N, o o a a p p C C E C C O C a 0 0 C C 0..� C C -E E Y C �. Y N C E Y N E E Y •�-� �. •f0 C E E o o c o N N E °' E E o 0 o c cow o m o 0 o U U It P cn a cn o o a of� m� w o U 02 Q w —' in ? o 0 o m U U W a in to o a o w w w in w � rT L N a E U Z. - ^ Z` U M E U N. C 7 C U in Lo . N U U N W c' E E �' E N n E Y m Y a)d Y- C z m 7 N C z C N z 7 N u"i v) co L U C (0 m cc N L ), N co LL m cu fD O 0 N O U.) M O CU O N R a� cu > ❑ ,o ❑ in > 7 f0 L (D c0 ❑ H c0 7 cu H a 4D >E aaE 7 N y O m y y O m m c C m O C C a N C `O m .N m •c m m •N •C m m E C N m m 'D c N m m c7 a a in C7 am a in 0. Z ma m L m n ID N o :.0 L C Imo m O m t U .m. � m C M m U o a� U U— 0 U a co .2 c a 0 c0 C C E> E u .c m> N m E E E> c c E cYi m m a U Ir a _ to (A ca U U Of to (n CD d m c U U N m E Y c Y .m+ c N m z z m t m LL H OL > E a > N N O m y N O m 7 a In m c O m C c m f0 2 C C m19 C m m m m C tM m e C 'om m C� a a in C9 a° a in m e m c m the c m CO O Lc U CD U O g 0_ c� � a o cp O � O. c c O E m N E E> m m a > — m E E aci aci n Ua(nin mciciofacnin 7 m U CL.1 N m E N m i z z 3 f- Taxono ac 0Bass facatlbn of the SoUs Upper Flathead Valley Area, Montana Soil name Family or higher taxonomic classification Alluvial land Coarse -loamy, mixed (calcareous), frigid Typic Ustifluvents Blanchard Mixed, frigid Typic Ustipsamments Flathead Coarse -loamy, mixed, superactive Pachic Udic Haploborolls Kalispell Coarse -loamy, mixed, superactive Udic Haploborolls Prospect Fine -loamy, mixed, superactive Udic Haploborolls Tally Coarse -loamy, mixed, superactive Typic Haploborolls USDANatural Resources This report shows only the major soils. Others may exist. Conservation Service Tabular Data Version: 5 Tabular Data Version Date: 08/30/2006 Page 1 of 1 Prime and, other [mportant Farmlands I Map symbol Pb Ke Upper Flathead Valley Area, Montana Map unit name Prospect loam, 3 to 7 percent slopes Kalispell loam, 0 to 3 percent slopes Farmland classification Farmland of statewide importance Prime farmland if irrigated USDA Natural Resources Tabular Data Version: 5 Conservation Service Tabular Data Version Date: 08/30/2006 Page 1 of 1 Memorandum Date: 10/24/2023 To: Keith Haskins, PE — Kalispell City Engineer From: Joe DeVore, PE, PTOE, RSP21; Emma Myers-Verhage, EIT RE: Stillwater Commons TIS Notes and City Staff Recommendations Methodology Review: ➢ The City of Kalispell requires analysis years to be opening year, plus 5. 10, and 15 years into the future for sites expected to generate between 500 and 750 trips during the highest peak hour. This analysis only presented results for existing conditions (2018), and opening year (2028). ➢ A No -Build capacity analysis was not completed. No -Build volumes were presented, but no analysis was done. This is important to compare to Build LOS conditions to fully understand the impact of the development. ➢ No Signal Warrant Analysis or Turn Lane Warrant Analysis was completed. This is important to fully understand the intersection needs at full buildout, as well as the future analysis years. If signals or turn lanes are not warranted at full buildout, the analysis can give an idea as to when signals or turn lanes may reach the warrant thresholds. Turn Lane Warrant analysis should also be completed on intersections with existing turn lanes to determine if the storage length is adequate or will remain adequate at full buildout and through horizon years. ➢ No Safety Analysis was completed. Review crash history for the existing segment of Church Drive to identify if potential safety improvements should be made along this corridor. Intersection Recommendations: ➢ Include the intersections of Southbound US-93 and the On/Off Ramp, and Church Drive and the On/Off Ramp. This development will likely have significant impact on these intersections and improvements may be necessary. ➢ Each of the study intersections is expected to operate under acceptable delay and LOS by the opening year (2028). Additional analysis should be performed for the 5-, 10-, and 15-year horizon for both No Build and Build conditions. Signal Warrant Analysis and Turn Lane Warrant Analysis should be performed for the horizon years as well. Staff Recommendations ➢ Consider including a table presenting additional trips for each intersection movement separated by development (Stillwater Commons, PUD South, or PUD North). This will help to visualize how much impact is expected from each development. 1 a. Q o "'Yj.T • ZLLI (j)oLu • f! ` k ,G 93 d L {A,t 4%*,Al a v. ^ O c ❑� Sapp fGf^ E c x��a 2V3hl- � ya&�ge` / f C��urvw-p ^ UO�NW n�'k$