Staff Report - Lupine Meadows Annex. Zoning, Prel. PlatKALisPEii,
Development Services Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
SUBJECT: KA-23-05/KPP-23-07 — Lupine Meadows
Annexation, Initial Zoning, and Preliminary Plat
MEETING DATE: September 5, 2023
BACKGROUND: This application regards a request from 40 Valley View, LLC, for annexation,
initial zoning of R-4 (Residential) and major subdivision approval of Lupine Meadows, an 18-lot
residential subdivision (18 townhomes with nine sets of two attached units). The subdivision
contains approximately 4.57 acres in lots, roads and common area.
The property is located at 40 Valley View Drive near the intersections of Valley View Drive with
both Foys Lake Road on the north end of the property and Lupine Drive near the southern end, and
can be legally described as Parcel 1 of Certificate of Survey Number 16631, a tract of land situated,
lying, and being in the East Half of the Southeast Quarter of Section 13, Township 28 North, Range
22 West, P.M.M., Flathead County, Montana, less and excepting therefrom that parcel conveyed in
Bargain and Sale Deed to the Montana Department of Transportation, recorded May 19, 2009, as
Document No., 200900014122, records of Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing on August 8, 2023, to consider the
request. Staff presented staff report KA-23-05/KPP-23-07 providing details of the proposal and
evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact and
recommend to the Council that the request for annexation and initial zoning be granted and that the
preliminary plat be approved subject to 30 listed conditions.
Three public comments were received at the public hearing. The comments generally concerned
water supply, storm water, wildlife, noise, and additional tax burdens on residents. The public
hearing was closed and motions were presented to adopt staff report KA-23-05/KPP-23-07 as
findings of fact and recommend to the Kalispell City Council that the annexation be approved with an
initial zoning designation of R-4 (Residential) and the preliminary plat be approved subject to the 30
conditions. Board discussion concluded that the request was appropriate. The motion regarding
annexation and initial zoning was approved on a unanimous vote. The motion regarding the
preliminary plat was approved on a 4-1 vote.
RECOMMENDATIONS:
ANNEXATION: It is recommended that the Kalispell City Council approve Resolution 6156, a
Resolution to provide for the alteration of boundaries of the City of Kalispell by including therein as
an annexation property which can be described as Parcel 1 of Certificate of Survey Number 16631, a
tract of land situated, lying, and being in the East Half of the Southeast Quarter of Section 13,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, less and excepting
therefrom that parcel conveyed in Bargain and Sale Deed to the Montana Department of
Transportation, recorded May 19, 2009, as Document No., 200900014122, records of Flathead
County, Montana.
INITIAL ZONING: It is recommended that the Kalispell City Council approve the first reading of
Ordinance 1913, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell
zoning ordinance 1677, by zoning certain real property described as Parcel 1 of Certificate of Survey
Number 16631, a tract of land situated, lying, and being in the East Half of the Southeast Quarter of
Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, less and
excepting therefrom that parcel conveyed in Bargain and Sale Deed to the Montana Department of
Transportation, recorded May 19, 2009, as Document No., 200900014122, records of Flathead
County, Montana., as City R-4 (Residential), in accordance with the Kalispell Growth Policy Plan —
It 2035, and to provide an effective date.
PRELIMINARY PLAT: It is recommended that the Kalispell City Council approve Resolution
6157, a resolution approving a request from Timberwolf Ridge, LLC, for approval of the preliminary
plat for Lupine Meadows, a major subdivision preliminary plat consisting of approximately 4.57
acres with 30 conditions of approval, which can be described as Parcel 1 of Certificate of Survey
Number 16631, a tract of land situated, lying, and being in the East Half of the Southeast Quarter of
Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, less and
excepting therefrom that parcel conveyed in Bargain and Sale Deed to the Montana Department of
Transportation, recorded May 19, 2009, as Document No., 200900014122, records of Flathead
County, Montana.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 6156
Ordinance 1913
Resolution 6157
August 8, 2023, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
c: Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 6156
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY DESCRIBED AS PARCEL 1 OF CERTIFICATE OF SURVEY
NUMBER 16631, A TRACT OF LAND SITUATED, LYING, AND BEING IN THE EAST
HALF OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, LESS AND EXCEPTING
THEREFROM THAT PARCEL CONVEYED IN BARGAIN AND SALE DEED TO THE
MONTANA DEPARTMENT OF TRANSPORTATION, RECORDED MAY 19, 2009, AS
DOCUMENT NO., 200900014122, RECORDS OF FLATHEAD COUNTY, MONTANA, TO
BE KNOWN AS LUPINE MEADOWS ADDITION NO.466, TO ZONE SAID PROPERTY
IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE
AN EFFECTIVE DATE.
WHEREAS, 40 Valley View, LLC, owner of the above -referenced property, submitted a request
that the property be annexed into the City; and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-23-05, dated August 8, 2023; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the
territory be zoned City R-4, Residential, upon annexation into the City of Kalispell;
and
WHEREAS, pursuant to §7-2-4211(2), MCA, the City shall include the full width of any public
streets or roads, including the rights -of -way, that are adjacent to the property being
annexed; and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That all the real property described as Parcel 1 of Certificate of Survey
Number 16631, a tract of land situated, lying, and being in the East Half of
the Southeast Quarter of Section 13, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana, less and excepting therefrom that parcel
conveyed in Bargain and Sale Deed to the Montana Department of
Transportation, recorded May 19, 2009, as Document No., 200900014122,
records of Flathead County, Montana, be annexed to the City of Kalispell and
the boundary of the City is altered to so provide.
SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to make
and certify under the seal of the City, a copy of the record of these
proceedings as are entered on the minutes of the City Council and file said
documents with the Flathead County Clerk and Recorder.
From and after the date of filing of said documents as prepared by the City
Clerk, or on the effective date hereof, whichever shall occur later, said
annexed territory is part of the City of Kalispell and its citizens and property
shall be subject to all debts, laws and ordinances and regulations in force in
the City of Kalispell and shall be entitled to the same privileges and benefits
as are other parts of the City.
SECTION 3. The territory annexed by this Resolution shall be zoned in accordance with
the Kalispell Zoning Ordinance.
SECTION 4. This Resolution shall be effective immediately upon passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 5TH DAY OF SEPTEMBER, 2023.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
ORDINANCE NO. 1913
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS PARCEL 1 OF
CERTIFICATE OF SURVEY NUMBER 16631, A TRACT OF LAND SITUATED, LYING,
AND BEING IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 13,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA,
LESS AND EXCEPTING THEREFROM THAT PARCEL CONVEYED IN BARGAIN AND
SALE DEED TO THE MONTANA DEPARTMENT OF TRANSPORTATION, RECORDED
MAY 19, 2009, AS DOCUMENT NO.200900014122, RECORDS OF FLATHEAD COUNTY,
MONTANA (PREVIOUSLY ZONED COUNTY R-1) TO CITY R-4 (RESIDENTIAL), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, 40 Valley View, LLC, the owners of the property described above, petitioned that the
zoning classification attached to the above -described tract of land be zoned R-4 on
approximately 4.57 acres of land; and
WHEREAS, the property is located at 40 Valley View Drive; and
WHEREAS, 40 Valley View's petition was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-23-05, dated August 8, 2023, in which the
Kalispell Planning Department evaluated the petition and recommended that the
property as described above be zoned R-4, Residential, as requested by the petition;
and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, Residential, the City Council finds such initial zoning to be consistent
with the Kalispell Growth Policy Plan -It 2035 and adopts, based upon the criterion
set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County
Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff
Report No. KA-23-05.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance (Ordinance No. 1677) is hereby amended by designating the
property described above as R-4, Residential, on approximately 4.57 acres of
land.
SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION 3. This Ordinance shall be effective thirty (30) days from and after the date of
its final passage and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 18TH DAY OF SEPTEMBER, 2023.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
RESOLUTION NO. 6157
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
LUPINE MEADOWS, DESCRIBED AS PARCEL 1 OF CERTIFICATE OF SURVEY
NUMBER 16631, A TRACT OF LAND SITUATED, LYING, AND BEING IN THE EAST
HALF OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, LESS AND EXCEPTING
THEREFROM THAT PARCEL CONVEYED IN BARGAIN AND SALE DEED TO THE
MONTANA DEPARTMENT OF TRANSPORTATION, RECORDED MAY 19, 2009, AS
DOCUMENT NO.200900014122, RECORDS OF FLATHEAD COUNTY, MONTANA.
WHEREAS, 40 Valley View, LLC, the owner of the certain real property described above, has
petitioned for approval of the Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
August 8, 2023 on the proposal and reviewed Subdivision Report #KPP-23-07 issued
by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Lupine Meadows, subject to certain conditions
and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of September 5,
2023, reviewed the Kalispell Planning Department Report #KPP-23-07, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-23-07 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of 40 Valley View, LLC, for approval of the Preliminary
Plat of Lupine Meadows, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
3. 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.
4. 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.
5. Lots 5A — 9B do not appear to have a provision for stormwater detention or treatment as part
of the initial design. In order to account for that, the final design shall be adjusted and may
result in reduced lot sizes or other adjustments to provide additional detention area.
6. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
7. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
8. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction. All design
work shall be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infrastructure shall include but not be limited to streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks.
9. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and in compliance with the city's
facilities update and extensions of services plans. The water and sewer main extension plans
shall be reviewed and approved by the Kalispell Public Works Department. Prior to final
plat, a certification shall be submitted to the Public Works Department stating that the water
and sewer mains have been built and tested as designed and approved.
10. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction. Internal streets shall be built to local street design standards
including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter.
11. Foys Lake Road is designated as a major collector and Valley View Drive as a local street in
the Transportation Plan and the frontages of the property would need to be improved to those
standards. The specific improvements will be determined upon review of the engineering
plans and existing conditions. Improvements may include, but would not necessarily be
limited to, widening travel lanes, pedestrian paths, landscape boulevard, streetlights, and
curb/gutter.
12. The streets and right-of-way improvements shall be designed to incorporate the following
Public Works comments: (a) The road intersection with Lupine Drive shall be made more
perpendicular by extending the curve; (b) The sidewalk along Foys Lake shall be moved to
the right-of-way line, rather than as shown with a narrow offset from the road; (c) Sidewalk
ramps shall be extended across Lupine Drive at the proposed intersection; and (d) Walkways
in the right-of-way shall be concrete with other portions to be approved by Parks.
13. The temporary cul-de-sac shall be concrete within the right-of-way and the basketball court
shall not be located within the cul-de-sac.
14. Per Section 28.3.14(F)(1), a uniform fence or wall shall be included along the Foys Lake
Road frontage to be installed by the developer.
15. 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."
16. The recommendations in the Geotech report shall be followed.
17. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell, any private
infrastructure has been constructed per city standards, and a proper bond has been accepted
for unfinished work.
18. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public
Works Department shall be obtained stating that the required easements are being shown on
the final plat.
19. 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
20. 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.
21. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads, parks and
open space. Maintenance of any private roads and alleys shall include both short term and
long-term maintenance including, but not necessarily limited to, snow plowing, landscaping,
sidewalks, street repairs, overlays, and rebuilds of the street.
22. 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.
23. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan
for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision, common area, and adjoining rights -of -way. The approved
landscape plan shall be implemented or a cash -in -lieu payment for installation of the street
trees and groundcover be provided to the Kalispell Parks and Recreation Department.
24. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat.
25. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The
assessments levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
26. 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.
27. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
28. All utilities shall be installed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
29. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
30. The developer should strongly consider including Fish, Wildlife, and Parks guidelines
relative to human -wildlife interaction within their covenants.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 5TH DAY OF SEPTEMBER, 2023.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
August 8, 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, Kevin Aurich, Rory Young, and Tim Stocklin. Jarod Nygren,
Kari Barnhart, and PJ Sorensen represented the Kalispell Planning Department. Keith
Haskins represented the Kalispell Public Works Department.
APPROVAL OF MINUTES
Young moved and Aurich seconded a motion to approve the minutes of the July 11,
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
Mary Mitchell — 279 Morning View Dr. — Expressed concerns regarding ongoing
development and water restrictions.
BOARD MEMBER SEATED
Rory Young recused himself from KA-23-05 and KPP-23-07, he is a representative
for the applicant.
KA-23-05 & KPP-23-07 — LUPINE
A request from 40 Valley View, LLC, for annexation, initial zoning of R-4
MEADOWS
(Residential) and major subdivision approval of Lupine Meadows, an 18-lot
residential subdivision (18 townhomes with nine sets of two attached units). The
subdivision contains approximately 4.57 acres in lots, roads and common area. The
property is located at 40 Valley View Drive near the intersections of Valley View
Drive with both Foys Lake Road on the north end of the property and Lupine Drive
near the southern end. The property can be legally described as Parcel 1 of Certificate
of Survey Number 16631, a tract of land situated, lying, and being in the East Half
of the Southeast Quarter of Section 13, Township 28 North, Range 22 West, P.M.M.,
Flathead County, Montana, less and excepting therefrom that parcel conveyed in
Bargain and Sale Deed to the Montana Department of Transportation, recorded May
19, 2009, as Document No., 200900014122, records of Flathead County, Montana.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report
AKA-23-05 & KPP-23-07.
Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report # KA-23-05 & KPP-23-07 as findings of fact and recommend to
the Kalispell City Council that the conditional use permit be approved subject to the
conditions on the staff report.
BOARD DISCUSSION
In response to Ms. Mitchell's public comment, Graham and Haskins discussed water
supply, temporary water restrictions, and the removal of the Noffsinger spring.
Nygren added that there is plenty of water and that there have been delays in
production of the new well due to labor shortages and cost increases. Borgardt added
that the city is not in a drought condition.
Graham and Sorensen discussed the last condition on the Staff Report to strongly
consider including Fish, Wildlife, and Parks guidelines. Burke and Staff discussed
storm water retention options and how it increases the cost to develop the site.
Graham stated that all new housing is a key component of affordable housing.
Borgardt clarified with Haskins that there are not enough funds to build enough water
pressure and wells. Haskins added that the Ci 's rates are nominal with current
Kalispell City Planning Board
Minutes of the meeting of August 8, 2023
Pagel
growth rate. Nygren stated there were no significant wildlife habitats identified when
the Growth Policy was put in place.
PUBLIC COMMENT
Bob Erickson —1750 Hwy 93 S — Representing the applicant. Advised that there are
multiple options to address storm water retention and would be happy to answer any
questions.
Rich Emanuel — 279 Morning View — Concerned that this would be a tax burden for
residents and would like Fish & Wildlife to be more involved.
Athena Miller — 212 Valley View Dr — Concerned about wildlife, water supply, noise
pollution, and a lower quality of life.
MOTION — KA-23-05
Burke moved and Stocklin seconded that the Kalispell Planning Board adopt staff
report #KA-23-05 as findings of fact and recommend to the Kalispell City Council
that the conditional use permit be approved subject to the conditions on the staff
report.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KPP-23-07
Borgardt moved and Aurich seconded that the Kalispell Planning Board adopt staff
report #KPP-23-07 as findings of fact and recommend to the Kalispell City Council
that the conditional use permit be approved subject to the conditions on the staff
report.
BOARD DISCUSSION
Stocklin stated that he liked the location and Aurich stated it was a good filler project.
ROLL CALL
Motion passed 4-1 on a roll call vote.
BOARD MEMBER RE -SEATED
Rory Young re -seated.
OLD BUSINESS
Sorensen updated the board on the July 11t1i, 2023 agenda items.
NEW BUSINESS
Sorensen updated the board on the upcoming September 12t'', 2023 Planning Board
Meeting.
ADJOURNMENT
The meeting adjourned at approximately 6:43PM.
Chad Graham
President
APPROVED as submitted/amended:
Kirstin Robinson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of August 8, 2023
Page 12
LUPINE MEADOWS
ANNEXATION AND INITIAL ZONING OF R-4 — STAFF REPORT #KA-23-05
MAJOR SUBDIVISION - STAFF REPORT #KPP-23-07
KALISPELL PLANNING DEPARTMENT
AUGUST 8, 2023
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request
from 40 Valley View, LLC, for annexation and initial zoning of R-4 (Residential), along with a
major preliminary plat on approximately 4.57 acres. A public hearing has been scheduled before
the Planning Board for August 8, 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 40 Valley View, LLC, for annexation, initial zoning of R-4
(Residential) and major subdivision approval of Lupine Meadows, an 18-lot residential
subdivision (18 townhomes with nine sets of two attached units). The subdivision contains
approximately 4.57 acres in lots, roads and common area. The property is located at 40 Valley
View Drive near the intersections of Valley View Drive with both Foys Lake Road on the north
end of the property and Lupine Drive near the southern end.
A: Applicant: 40 Valley View, LLC
4364 Highview St
Richland, WA 99352
B: Location: The property can be legally described as Parcel 1 of Certificate of Survey
Number 16631, a tract of land situated, lying, and being in the East Half of the Southeast
Quarter of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County,
Montana, less and excepting therefrom that parcel conveyed in Bargain and Sale Deed to the
Montana Department of Transportation, recorded May 19, 2009, as Document No.,
200900014122, records of Flathead County, Montana.
1
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is approximately 4.57 acres.
D: Adjacent Zoning:
North: City R-3/PUD
East: County R-1
South: City R-2/PUD; County R-1
West: City R-2/PUD; County R-1
E: Adjacent Land Uses:
North: Urban single-family
residential (under development)
East: Rural single-family
residential; Highway bypass
South: Rural single-family
residential
West: Urban and rural single-
family residential
F: Existing Land Use and Zoning: The subject property is mostly vacant. There is a city
street which runs through the property, and an existing building on the south side of the
street which housed a construction company along with related on -site storage. The
current zoning for the property is county R-1 (Suburban Residential), which is "a district
to provide estate -type development. These areas would normally be located in rural areas
away from concentrated urban development, typically not served by water or sewer
services, or in areas where it is desirable to permit only low -density development (e.g.,
extreme topography, areas adjacent to floodplains, airport runway alignment
extensions)."
G: Proposed Zoning: The proposed zoning is city R-4 (Residential). The Kalispell Zoning
Regulations state that the intent of the district is a district "comprised of primarily single-
family and duplex dwellings. Development within the district will require all public
utilities, and all community facilities. This zoning district would typically be found in
areas designated as suburban residential and urban residential on the Kalispell Growth
Policy Future Land Use Map."
H: General Land Use Character: The subject property is located just to the west of the
bypass interchange with Foys Lake Road. It is a primarily residential area with a mix of
newer urban development and older county development. Mountain View subdivision is
currently developing its first phase on the north side of Foys Lake Road and is projected
to have 407 units. Both Mountain View and Lone Pine Trails (a city subdivision to the
west of the property) include a mix of detached and attached (townhouse) single-family
homes.
I
Kalispell Growth Policy
KALISPELL
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L• Relation to the Growth
Policy: The Kalispell Growth
Policy Future Land Use Map
designates the subject property as
Suburban Residential. 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 property falls within the
annexation boundary established in
the growth policy. Areas within
the annexation boundary were
determined to be likely to be
annexed upon petition due to
available supporting infrastructure
and other factors.
J: 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 is an existing street running through the
property, with an additional street being constructed in the northern portion of the property.
Sewer:
City of Kalispell upon annexation
Water:
City of Kalispell upon annexation
Refuse:
City of Kalispell upon annexation
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
CenturyTel
Schools:
School District 95 (Rankin Elementary)/Flathead High School
Fire:
Smith Valley Rural Fire/City of Kalispell upon annexation
Police:
Flathead County Sheriff/City of Kalispell upon annexation
3
L ANNEXATION EVALUATION
A. Compliance with the growth policy: Two primary means for managing growth in the
City of Kalispell are redevelopmentlinfill within the current city limits or annexation of
outlying areas. A goal of the growth policy is to provide a comprehensive, effective
growth management plan that provides for all the needs of the community, is adaptable to
changing trends and is attuned to the overall public welfare. Chapter 9, Public
Infrastructure and Services, includes a goal to "make public water and sewer available to
areas that are in close proximity to services," and annexation allows for such extensions
to happen.
In addition, the city council adopted an annexation policy in 2011, with a corresponding
map, as an addendum to the city's growth policy document. The purpose of the
annexation policy is to give the Planning Board, the Council, and the development
community direction when property owners outside of the city limits are requesting
annexation. The property proposed for annexation falls inside the city's direct annexation
boundary and is immediately adjacent to the current city limits, although the adjacent city
limits are not contiguous with the primary city limits line.
4
B. Municipal Services: The City of Kalispell has an extension of services plan that details
how services would be extended to the annexed property. Both sanitary sewer and water
services are available to the property. Any additional extensions necessary to provide
service would be designed and installed by the property owner subject to review and
approval by the Kalispell Public Works Department under the City of Kalispell Standards
for Design and Construction.
The site is currently protected by the Smith Valley Rural Fire District and the Flathead
County Sheriff's office. The applicant has submitted a Notice of Withdrawal from the
Rural Fire District. At the time of annexation, the property will be served by the
Kalispell Police and Fire Departments. The site lies approximately 1.3 miles from fire
station 61 and is readily serviceable by the city fire, police, and ambulance services.
Given the level of existing services available to the property, annexation will not
overburden the municipal services in place.
C. Distance from current city limits: The subject property is immediately adjacent to the
existing city limits line, although that adjacent city limits are not contiguous with the
primary city limits line.
D. Cost of services: The property is located within the annexation boundary, which was
established based in part on the ability to efficiently serve the property. Once annexed to
the city, full city services will be made available to the property owner. Any necessary
infrastructure associated with this development will be required to be constructed in
accordance with the City of Kalispell's Design and Construction Standards and any other
development policies, regulations or ordinances that may apply. As undeveloped land,
any cost of servicing the property would be minimal, but there would be assessments and
tax revenue that would be collected. Once developed, it is anticipated that the revenue
generated would exceed the cost of servicing the property.
IL INITIAL ZONING 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 county R-1 (Suburban Residential). The applicants are requesting
city R-4 (Residential).
1. Does the requested zone comply with the growth polices
The Kalispell Growth Policy Future Land Use Map designates the subject property as
Suburban Residential. The zoning ordinance contemplates R-4 as an appropriate zone
within that land use designation. The requested zone complies with the growth policy.
2. Will the requested zone have an effect on motorized and non -motorized transportation
systems?
5
The access for the property is onto Valley View Drive, a short distance from the roundabout
at the Foys Lake Road/Highway 93 Bypass interchange. Annexation and zoning of the
additional area would not directly change the impact on the transportation systems. Any
development of the property would be reviewed and approved according to city design
criteria that would account for access to the site. Along with this application, the applicant
has submitted a request for preliminary plat approval, although a traffic impact study would
not be required based upon the number of proposed lots.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an emergency.
There are no features related to the property which would compromise the safety of the
public. All municipal services including police/fire protection will be available upon
annexation.
4. Will the requested zone promote the public health, safety and general welfare?
The general health, safety, and welfare of the public will be promoted through general
city regulations designed to regulate allowable uses. In this case, the requested zoning
classification of R-4 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 any development occurring on this site are
established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided.
6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements?
All public services and facilities are available to the property. Any development of the
property would be reviewed and approved pursuant to city design criteria. Along with this
application, the applicant has submitted a request for preliminary plat approval that would
address those issues.
7. Will the requested zone promote compatible urban growth?
The requested zoning is consistent with the type of growth projected for this area and is
consistent with the current zoning in the vicinity. The proposed district maintains and is
compatible with the established land use pattern in this area.
8. Does the requested zone give consideration to the character of the district and its particular
suitabili . for particular uses?
10
0
10
The proposed R-4 zoning district is consistent with the surrounding residential
development in the immediate and general area. The proposed zone fits into that overall
pattern and gives due consideration of the suitability of this property for the allowed uses in
the zoning district, such as proximity of city services.
Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the R-4 zoning district will
promote compatible and like uses on this property as are found on other properties in the
area. Any potential future development on the property will be reviewed for compliance
with zoning dimensional standards and design review criteria to ensure its appropriateness
for the area and compatibility with the surrounding neighborhood.
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, and it serves to support appropriate use of land throughout the city by further
developing city infrastructure. The proposed zoning is consistent with the growth policy
and is compatible with current zoning in the immediate area.
III. REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT
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PRH IMMARYPIATM
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A. Effects on Health and Safety:
Fire: The property would be considered to be at low risk of fire because any building
constructed within the subdivision would be built in accordance with the International
Fire Code and have access which meets city standards. The area to be built upon does not
have steep slopes or woody fuels. Hydrants will be required to be placed in compliance
with the requirements of the fire code and approved by the Fire Chief.
Access: The primary access to the subdivision will be provided from Valley View Drive
via Lupine Drive, which is an existing road providing access to Lone Pine Trails, a city
residential subdivision to the west. Valley View connects with Foys Lake Road at the
roundabout interchange with the Highway 93 Bypass. The proposed subdivision layout
would include a new road extension through the northern portion of the subdivision and a
future connection to the property to the west.
Geology: The overall site is generally flat without any major topographical or geological
features limiting development. The applicant submitted a Geotechnical report from
Alpine Geotechnical dated February 16, 2023. Groundwater was encountered at a depth
of 10.7-14.5 feet. The report did not indicate any impediments to development of the
site, but did include recommendations that should be followed relating to infrastructure
and home construction.
B. Effects on Wildlife and Wildlife Habitat:
There are no water features which would provide any aquatic or riparian habitat, although
there is a small intermittent stream/drainage varying from about 120-240 feet south of the
subdivision boundary. There also does not appear to be any significant wildlife impacts.
It should be noted that the northern boundary of Lone Pine State Park is approximately
800 feet to the south. The area between the park and the subject property has been
largely developed with single-family homes. The Resources and Analysis Section of the
Kalispell Growth Policy includes information from the Montana Department of Fish,
Wildlife and Parks which shows that the property does not provide important wildlife
habitat. It also includes information relating to deer, elk and moose habitat. As with the
majority of the Kalispell area outside of the core downtown, the maps show a whitetail
deer density of 5 to 30 per square mile, but no significant elk or moose habitat.
The Montana Department of Fish, Wildlife, and Parks submitted comments related to the
proposal, noting that the area does provide some habitat for "white-tailed deer, small
mammals, and birds within an area that is increasingly developed." They recommend
including improvements for bike/pedestrian access to the park as well as a number of
guidelines to minimize wildlife conflicts that could be incorporated into the subdivision
covenants. Requiring a full connection from the subdivision to the park would entail at
least a 1000-foot bike path extension off -site and outside the city limits, which would not
be consistent with city policies. They are, however, improving the subdivision frontage
along Foys Lake Road with an extension of the bike path within that right-of-way, which
would help improve access to the park by expanding the network of paths in the area. In
regard to guidelines in the covenants, the city has very limited involvement in private
covenants, but the developer should strongly consider including the guidelines within
their covenants.
C. Effects on the Natural Environment:
Surface and groundwater: The subdivision will be served by public water and sewer
thereby minimizing any potential impacts to groundwater. Per the Geotech report, the
static groundwater is generally from 10.7-14.5 feet below the surface.
Floodplain: There does not appear to be any floodplain associated with the property
(DFIRM Map 30029C1815J, effective date November 4, 2015). Due to the proximity of
a mapped floodplain area, Jackola Engineering submitted a stamped statement and
supplemental information which show a base flood elevation of 2941.2 NAVD88 based
on the DFIRM and a prior Letter of Map Revision from FEMA. The documents, along
with contour information on the proposed plat, show that the floodplain area does not
extend onto the subject property.
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
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. Lots 5A — 9B do not appear to
have a provision for stormwater detention or treatment as part of the initial design. In
order to account for that, the final design will need to be adjusted and may result in
reduced lot sizes or other adjustments to provide additional detention area.
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.
Wetland and Watercourse Setbacks: Under Section 28.3.06 of the subdivision
regulations, a minimum 100-foot setback is required from wetlands to any proposed lot
boundaries. Under Section 28.3.07, there is a minimum setback from rivers and streams
which allows only limited uses. There are no wetlands or streams which would impact
the subdivision under those provisions.
D. Effects on Local Services:
Water: Water to the subdivision will be provided by the City of Kalispell. The developer
will tie into an existing water main that runs along the west and north property
boundaries and extend the main through the subdivision. The water system for the
subdivision will be reviewed and approved by the Kalispell Public Works Department as
part of the development of the subdivision under the Standards for Design and
Construction. Utilities are shown on the preliminary utility plans as crossing into
adjacent property. Extensions should end at the property line or the edge of the easement.
There is adequate capacity within the city's water system to accommodate this
subdivision. As a subdivision less than five acres in size, proportionate water rights do
not need to be dedicated to the City of Kalispell per Section 28.3.08 of the subdivision
regulations.
Sewer: Sewer to the subdivision will be provided by the City of Kalispell. There is an
existing force main along the west and north property lines. The developer will need to
extend mains through the subdivision and tie into a gravity main located in the
southwestern portion of the property. The sewer system for the subdivision will be
reviewed and approved by the Kalispell Public Works Department as part of the
development of the subdivision under the Standards for Design and Construction. As
with the water, utilities are shown on the preliminary utility plans as crossing into
adjacent property and extensions should end at the property line or the edge of the
easement. There is adequate capacity within the city's sewer system to accommodate this
subdivision with the connection.
Access and Roads: The access to the subdivision would be from Valley View Drive via
Lupine Drive, which are both existing streets. Valley View Drive is a county road that
connects to the roundabout at the Foys Lake Road/Highway 93 Bypass interchange.
Lupine Drive is a city street which currently serves as the main access to Lone Pine
Trails, a city subdivision located just to the west of this property.
Foys Lake Road is designated as a major collector and Valley View Drive as a local
street in the Transportation Plan and the frontages of the property would need to be
improved to those standards. The specific improvements will be determined upon review
of the engineering plans and existing conditions. Improvements may include, but would
not necessarily be limited to, widening travel lanes, pedestrian paths, landscape
boulevard, streetlights, and curb/gutter. Internal streets would include streets built to
local design standards pursuant to the Standards for Design and Construction including,
but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter. Due to
the number of lots generating less than 300 vehicle trips per day, a traffic impact study is
not required under city regulations.
Public Works submitted the following comments related to right-of-way improvements:
(1) The road intersection with Lupine Drive could be made more perpendicular by
extending the curve and an effort should be made to do that; (2) The sidewalk along Foys
Lake should be moved to the right-of-way line, rather than as shown with a narrow offset
10
from the road. This will also help residents understand their responsibilities for clearing
snow on their frontages; (3) Sidewalk ramps should be extended across Lupine Drive at
the proposed intersection; and (4) Walkways in the right-of-way need to be concrete.
Other portions will need to be approved by Parks. Standards call out a minimum of 3"
asphalt on 8" base or 4" concrete on 6" base. Both are minimum of 10' wide.
Public Works also noted that the temporary cul-de-sac needs to be concrete within the
right-of-way and would need some form of curbing, which would not lend itself well to
the basketball court shown on the plans. An alternate provision for park area will need to
be provided. Once the road is extended, the cul-de-sac will need to be restored to a
standard profile.
Under Section 28.3.14(F)(1), when a proposed residentially zoned subdivision (R or RA
zone) abuts certain specified streets (including Foys Lake Road), a uniform fence or wall
shall be included along the frontage to be installed by the developer. Additionally,
subdivision regulations (Sec 28.3.25) require that the final plat include a note stating that
"The owners hereby waive the right to protest the creation of an SID for the purpose of
financing improvements to area roads which specifically benefit this subdivision."
Schools: The property is within the boundaries of School District 95 (Rankin
Elementary) and Flathead High School. On average, it would be anticipated that there
would be about 9 students (K-12) from the neighborhood at full build -out. Section 76-3-
608(1) of the Montana Code Annotated states that the governing body may not deny
approval of a proposed subdivision based solely on the subdivision's impacts on
educational services.
Police: Police services will be provided by the Kalispell Police Department. The
department can adequately provide service to this subdivision.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department. The department can adequately provide service to this development.
Additionally, the road network to the subdivision provides adequate access for fire
protection. As part of subdivision review, fire protection, including fire flow and hydrant
location, will be reviewed. Fire station 61 is located approximately 1.3 miles away
providing good response time.
Parks and Recreation: Subdivision regulations require a minimum of 0.03 acres of
parkland per dwelling unit for single-family lots, or 0.54 acres for the 18 single-
family/townhome lots (or the equivalent value in land with improvements). The plat
identifies 0.994 acres of park area, although some of the area may not be included as park
area depending upon the impact of storm drainage facilities, the temporary cul-de-sac and
other features which could impact the land as usable area. The parks may include
amenities that will be determined during the course of the detailed subdivision design
review in conjunction with the Parks Department. As noted relative to the road
improvements, the basketball court shown on the plans is likely not feasible due to street
construction requirements and would not be encouraged as part of the street area. When
11
the street is extended and the cul-de-sac restored, the court could be added at that time,
but would not be considered part of the original parkland dedication.
It is imperative that these areas be well maintained for the visual aspects of the project
and the functionality of the parks, open space, and storm drainage areas. Therefore, staff
recommends that a note shall be placed on the final plat indicating a waiver of the right to
protest creation of a park maintenance district. This district shall only be activated in the
event that the property owners' association defaults on their park and open space amenity
conditions. The taxes levied within the maintenance district shall be determined by the
Parks and Recreation Department with approvals by the Kalispell City Council.
Solid Waste: Solid waste collection can be provided throughout the subdivision by the
City of Kalispell. There is sufficient capacity within the landfill to accommodate this
additional solid waste generated from this subdivision.
Medical Services: Ambulance service is available from the fire department and ALERT
helicopter service. Kalispell Regional Medical Center is approximately 2.1 miles from
the site.
E. Effects on Agriculture and agricultural water user facilities:
The majority of the property is vacant, although there has been some commercial use on
the southern portion of the property related to a building contractor business. Prior
history of the property as agricultural or any other use is unknown. According to the
Kalispell Growth Policy Resources and Analysis Section, "Important Farmlands" map,
the property is not shown as being prime farmland, with or without irrigation.
Current policies in the Kalispell Growth Policy Plan -It 2035, Chapter 5, Land Use:
Natural Environment, state the following:
Policy Encourage urban growth only on agriculture lands entirely within the city's
annexation policy boundary.
The subject property is entirely within the annexation policy boundary. 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. 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.
12
The property falls within the annexation boundary established in the growth policy.
Areas within the annexation boundary were determined to be likely to be annexed upon
petition due to available supporting infrastructure and other factors.
G. Compliance with Zoning:
The request is in compliance with the R-4 zoning regulations applicable to the
development.
H. Compliance with the Kalispell Subdivision Regulations:
This request complies with provisions of the Kalispell Subdivision Regulations
applicable to the development.
RECOMMENDATION
(1) Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-23-05 as findings of fact and recommend to the Kalispell City Council
that the property be annexed and the zoning for the property be city R-4 (Residential).
(2) Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
staff report #KPP-23-07 as findings of fact and recommend to the Kalispell City Council
that the preliminary plat for Lupine Meadows be approved subject to the conditions listed
below:
CONDITIONS OF APPROVAL
1. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
3. 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.
4. 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,
13
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.
5. Lots 5A — 9B do not appear to have a provision for stormwater detention or treatment as
part of the initial design. In order to account for that, the final design shall be adjusted
and may result in reduced lot sizes or other adjustments to provide additional detention
area.
6. The developer shall submit to the Kalispell Public Works Department prior to
construction an erosion/sediment control plan for review and approval and a copy of all
documents submitted to Montana Department of Environmental Quality for the General
Permit for Storm Water Discharge Associated with Construction Activities.
7. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
8. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction. All
design work shall be reviewed and approved in writing by the Kalispell Public Works
Department prior to construction. This infrastructure shall include but not be limited to
streets, street lighting, street signage, curb, gutter, boulevard and sidewalks.
9. Water and sewer main extensions shall be designed and constructed in accordance with
the City of Kalispell's Standards for Design and Construction and in compliance with the
city's facilities update and extensions of services plans. The water and sewer main
extension plans shall be reviewed and approved by the Kalispell Public Works
Department. Prior to final plat, a certification shall be submitted to the Public Works
Department stating that the water and sewer mains have been built and tested as designed
and approved.
10. The developer shall submit the street designs to the Kalispell Public Works Department
for review and approval prior to construction. Street designs shall meet the city standards
for design and construction. Internal streets shall be built to local street design standards
including, but not limited to, sidewalks, landscape boulevard, streetlights, and
curb/gutter.
11. Foys Lake Road is designated as a major collector and Valley View Drive as a local
street in the Transportation Plan and the frontages of the property would need to be
improved to those standards. The specific improvements will be determined upon review
of the engineering plans and existing conditions. Improvements may include, but would
not necessarily be limited to, widening travel lanes, pedestrian paths, landscape
boulevard, streetlights, and curb/gutter.
14
12. The streets and right-of-way improvements shall be designed to incorporate the following
Public Works comments: (a) The road intersection with Lupine Drive shall be made more
perpendicular by extending the curve; (b) The sidewalk along Foys Lake shall be moved
to the right-of-way line, rather than as shown with a narrow offset from the road; (c)
Sidewalk ramps shall be extended across Lupine Drive at the proposed intersection; and
(d) Walkways in the right-of-way shall be concrete with other portions to be approved by
Parks.
13. The temporary cul-de-sac shall be concrete within the right-of-way and the basketball
court shall not be located within the cul-de-sac.
14. Per Section 28.3.14(F)(1), a uniform fence or wall shall be included along the Foys Lake
Road frontage to be installed by the developer.
15. 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."
16. The recommendations in the Geotech report shall be followed.
17. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell, any private
infrastructure has been constructed per city standards, and a proper bond has been
accepted for unfinished work.
18. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public
Works Department shall be obtained stating that the required easements are being shown on
the final plat.
19. 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
20. 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
15
final engineering plans to be reviewed by the Public Works Department. The mail
delivery site shall not impact a sidewalk or proposed boulevard area.
21. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads, parks
and open space. Maintenance of any private roads and alleys shall include both short
term and long-term maintenance including, but not necessarily limited to, snow plowing,
landscaping, sidewalks, street repairs, overlays, and rebuilds of the street.
22. 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.
23. A letter shall be obtained from the Parks and Recreation Director approving a landscape
plan for the placement of trees and landscaping materials within the landscape boulevards
of the streets serving the subdivision, common area, and adjoining rights -of -way. The
approved landscape plan shall be implemented or a cash -in -lieu payment for installation
of the street trees and groundcover be provided to the Kalispell Parks and Recreation
Department.
24. A park plan shall be created and approved by the Parks and Recreation Director prior to
final plat.
25. A note shall be placed on the final plat indicating a waiver of the right to protest creation
of a park maintenance district. This district shall only be activated in the event that the
property owners' association defaults on their park and open space amenity conditions.
The assessments levied within the maintenance district shall be determined by the Parks
and Recreation Department with approvals by the Kalispell City Council.
26. 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.
27. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
28. All utilities shall be installed underground and in locations that are approved by the
Kalispell Public Works Department in accordance with the Kalispell Standards for
Design and Construction.
29. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
30. The developer should strongly consider including Fish, Wildlife, and Parks guidelines
relative to human -wildlife interaction within their covenants.
16
Development Services
4--11TY of Department
1K:A11ASPE1[A, 201 1st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
PETITION FOR ANNEXATION AND INITIAL ZONING
Email: plan ninclCdr kalispell.com Website: www.kalispell.com
Project Name
Lupine Meadows
Property Address
140 Valley View Drive
NAME OF APPLICANT
40 Valley View LLC
Applicant Phone
1509.440.0096
Applicant Address
4364 Highview St.
City, State, Zip
Richland, WA 99352
Applicant Email Address
tanninenbruce@gmail.com
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD
same as applicant
Owner Phone
Owner Address
City, State, Zip
Owner Email Address
CONSULTANT (ARCHITECT/ENGINEER)
Jackola Engineering & Architecture
Phone
406.755.3208
Address
2250 Hwy 93 South
City, State, Zip
Kalispell, MT 59901
Email Address
POINT OF CONTACT FOR REVIEW COMMENTS
Bob Erickson
Phone
406.755.3208
Address
2250 Hwy 93 South
City, State, Zip
Kalispell, MT 59901
Email Address
rerickson@jackola.com
List ALL owners (any individual or other entity with an ownership interest in the property):
40 Valley View LLC (Bruce Tanninen)
Legal Description (please attach a full legal description for the property and a copy of the most recent deed).
Parcel 1 of Certificate of Survey No. 16631 located in E1/2 SE1/4 Section 13, T28N, R22W, P.M.,M., Flathead County, Montana
Less & excepting therefrom that parcel conveyed to the Montana Department of Transportation in Doc. No. 200900014122.
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).
Development Services
Department
2 1st Avenue East
1K,N1L11SP1E1L1L
Kalispell, Mi 59941
Phone (406) 758-7940
1. Land In project (acres) 4.569
2. Current estimated market value $80,364
Estimated market value of proposed development at 50% build out $ 600,000
Estimated market value of proposed development at 100% build out $ 1,200,000
11 -O3. Is there a Rural Fire Dept RSID or Bond on this property? DYES NO
If yes, remaining balance is
County R-1
4. Present zoning of property County R-1
5. Proposed zoning of property City R-4
6. State the changed or changing conditions that make the annexation necessary:
i�ro ert is be'nqq propposed fo a townhome develppment consisting of 20 sublots, which will require extension of and connection to City
ie �rop rty is �eTng proposed or a townhome development consisting of 20 sublets, which will require extension of and connection to City
water ano sewer mains. i no property is currently situateo in r-wineao county. Annexation is necessary to avow for the water ano sewer
HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND PURPOSE OF (attach separate sheet wi answers):
a. Promoting the Growth Policy
Lessening congestion in the streets and providing safe access
c. Promoting safety from fire, panic and other dangers
d. Promoting the public interest, health, comfort, convenience, safety and general welfare
e, Preventing the overcrowding of land
f. Avoiding undue concentration of population
g. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities
h. Giving reasonable consideration to the character of the district
i. Giving consideration to the peculiar suitability of the property for particular uses
j. Protecting and conserving the value of buildings
k. Encouraging the most appropriate use of land by assuring orderly growth
I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted
herein, on all other submitted forms, documents, plans or any other information submitted as a part of this
application, to be true, complete, and accurate to the best of my knowledge. Should any information or
representation submitted in connection with this application be incorrect or untrue, I understand that any
approval based thereon may be rescinded, and other appropriate action taken. The signing of this application
Sigs approval for the Kalispell City staff to be present on the property for routine monitoring and inspection
durinppxoval and development process.
Applicant
Date
L I-L-A4-L74
C t'ry -1t
KALISPELL
APPLICATION PROCESS
(application must be received and accepted by the
Kalispell Planning Department 35 days prior to the
Planning Board Hearing)
A pre -application meeting with a member of the planning staff is required.
Application Contents:
1. Completed application form & attachments
2. Completed Petition to Annex and Notice to Withdrawl from the
Rural Fire District form (attached), including an Exhibit A, legal
description of the property.
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. Electronic copy of the application materials submitted. Either
copied onto a disk or emailed to planning@kalispell.com (Please
note the maximum file size to email is 20MB)
5. Application fee based on the schedule below, made payable to
the City of Kalispell:
Annexation $500
(includes initial zoning) plus $40 per acre
Development Services
Department
201 1st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
Return to:
Aimee Brunckhorst
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the Smith Valley Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) tp Connect and receive all available utilities from
The City of Kalispell.
Date
itionelr/Owner Date
NOTE: You joust attach an Exhibit A that provides a bona fide legal description of
the property to be annexed.
wpm caw
STATE OF Mo*N+ANA tt)
str MK : ss
County of
On this ofilnbefore me, the undersigned, a Notary Public for
the State of �
, personally appeared Ry1Pthr1► r1tX1 known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in _this certificate first above written. ( t n r e o
State of Washington
ALLIE HIBBS
LICENSE # 167424
MY COMMISSION EXPIRES
STA
: ss
County of Flathead County
Ndtary Public, State of-11d
Printed Name t t l
Residing at. i_ M,j'�1n
My Commission expires:
On this day of , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Printed Name
Residing at
My Commission expires:
2
O
Lf)
O
O
n
O
IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII IIII Page: 10of33 49
Debbie Pierson, Flathead County MT by 7W 8/31/2022 11:00 AM
WHEN RECORDED RETURN TO:
40ValleyView, LLC
PO Box 899
Richland WA 99352
5130FPT
WARRANTY DEED
FOR VALUE RECEIVED, Ross Heritage, LLC, GRANTOR(S), do hereby grant, bargain, sell and
convey unto:
40ValleyView, LLC
GRANTEE(S), its heirs and assigns, the following described premises:
FOR LEGAL DESCRIPTION SEE EXHIBIT A
TO IIAVE AND TO HOLD the said premises, with its appurtenances and easements apparent or of
record, unto the said GRANTEE(S), its heirs and assigns forever.
SUBJECT TO Covenants, Conditions, Restrictions, Provisions, Easements and encumbrances apparent
or of record.
GRANTOR(S) covenants with GRANTEE(S) that GRANTOR(S) is now seized in fee simple absolute
of said premises; that GRANTOR(S) has frill power to convey same; that the same is free from all
encumbrances excepting those set forth above; that GRANTEE(S) shall enjoy the same without any
lawful disturbance; that GRANTOR(S) will, on demand, execute and deliver to GRANTEE(S), at the
expense of GRANTOR(S), any further assurance of the same that may be reasonably required; and, with
the exceptions set forth above, that GRANTOR(S) warrants to GRANTEE(S) and will defend for their
all the said premises against every person lawfully claiming all or any interest in same.
I IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII IIII Page: 2 of 3249
Fees: $24.00
8/31/2022 11:00 AM
Ross Heritage, LLC
:gAn�- C "�3
By Robert A. Helder, President
STATE OF: Montana
COUNTY OF: Flathead
This instrument was acknowledged before me on this llday of , 2022, by
Robert A. Helder, President.
IN I�NESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
e
~SAMANTFIA VONDRICH
M T_ ublic for the State of y�° ��; N(>rAl.�y tattl3t.IC for the
Notary Resides: ,. ���� � Statca of Montana
My commission expires: Rosiding at Kalispell, MT
sr9�N Commission Expires
October 23, 2023
I IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII 11111111111111111111 INIII III IN 1111 Page: 3 of 3249
Fees: $24.00
8/31/2022 11:00 AM
EXHIBIT A - LEGAL DESCRIPTION
Parcel 1 of Certificate of Survey No. 16631, a tract of land, situated, lying and being in the East
Half of the Southeast Quarter (E'/2SEI/) of Section 13, Township 28 North, Range 22 West, P.M.M.,
Flathead County, Montana.
LESS AND EXCEPTING THEREFROM that parcel conveyed in Bargain and Sale Deed to the
Montana Department of Transportation, recorded May 19, 2009 as Document No. 200900014122,
records of Flathead County, Montana.
HOW WILL THE PROPOSED ZONING DISTRICT ACCOMPLISH THE INTENT AND
PURPOSE OF:
a. Promoting the Growth Policy
The subject property is designated as suburban residential on the Growth Policy Map. The
City has recently amended the Kalispell Zoning Ordinance (No. 1677) with Ordinance No. 1883
which includes suburban residential as supporting R-4 Residential Zoning Districts. The R-4
zoning designation is very similar to the R-3 residential zone development standards, with the
exception that R-4 zoning allows for duplex and townhome configurations as a permitted use.
Annexed properties to the north and southeast are zoned R-3/PUD and R-3 Residential
respectively with a subdivided property to the southwest zoned R-2/PUD Residential. The
R2/PUD permitted townhome lots within the subdivided property known as Lone Pine Trails.
The proposed development would contain townhome lots, a permitted use in the R-4
residential zone and would be a similar use as the Lone Pine Trail subdivision.
This area of Kalispell is suited to support the proposed residential use due to the area's recent
growth patterns with improvements to the adjacent Highway 93 Bypass and ease of
connectivity to Downtown Kalispell. The Growth Policy estimates 38% growth over the next
two decades with growing demand for a mix of housing types due to detached single-family
housing becoming difficult to obtain for low and moderate income wage earners.
Additionally, the growth policy identified the rental vacancy rate is below 2% leaving few
rental options and increased rental prices. Population migration experienced over the past
year has put further pressure on the expected growth estimate. Development of this project
will add townhome units to the market and the City of Kalispell. With the Lone Pine Trail
subdivision located to the west, annexation of the subject property would be a logical addition
to the City to provide continuity.
b. Lessening congestion in the streets and providing safe access
The development is located at the southwest corner of the intersection of Foys Lake Road and
Valley View Drive in close proximity to the Highway 93 bypass. The site is bisected by an
existing street constructed to City standards and new interior roadways will be designed and
constructed in accordance with City standards to provide safe traffic circulation. While the
development will likely result in an increase in traffic, it is not anticipated that the
development will negatively impact the overall transportation system; traffic impacts should
be accommodated by the existing roadways and the developments new internal roadways.
MDT has recently completed a reconstruction of the Foys Lake Road/Hwy 93 Bypass
interchange to lessen congestion and improve future traffic movements in the area.
c. Promoting safety from fire, panic, and other dangers
Development plans will ensure adequate access to public infrastructure and private structures
in the case of an emergency, and there are no proposed features or land uses that may
compromise the safety of the public. The development would also be served by municipal
services, including police, fire protection, water, and city water. New construction in the
development will be required to be in compliance with current City adopted building codes
and relevant City ordinances and design standards. Development infrastructure will be
designed in accordance with local regulations to minimize undue risk from fire, panic, and
other dangers.
d. Promoting the public interest, health, comfort, convenience, safety, and general welfare
Annexing the subject property is in the public interest because it will ensure it is developed in
accordance with City zoning and development guidelines. Connection to public water and
sewer will reduce the risk of well contamination and degradation of ground water from septic
discharge. The proposed zoning designation will promote the health and general welfare of
the public by providing new and modern townhome living units which is needed within the
City based on high costs of detached single family units and low rental vacancy rates. The
proposed development will provide residents with parkland located in common areas to
further help promote the public's health, comfort, and general welfare.
e. Preventing the overcrowding of land
Based on the growth policy future land use designation for the site, development in this area
has been anticipated for suburban residential uses. The policy finds that 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. The proposed development consists of
townhome residential buildings which have a smaller footprint per living unit than single-
family residences. The proposed R-4 zoning designation restricts lot coverage to 45%.
Together, these factors ensure that the proposed density of residential units can be provided
without overcrowding the available land. The developer intends to build out the building
units and the common areas within the development will be available for use by each
resident.
f. Avoiding undue concentration of population
As discussed previously, the proposed zoning districts are consistent with the Growth Policy
Future Land Use designations and neighboring suburban development of the area. The
proposed development will result in an increase in number and concentration of residents, as
compared to the property's current vacant state. However, the provision of municipal
services and facilities, as well as compliance with City design standards will aide in mitigating
overcrowding of land or undue concentration of people.
g. Facilitating the adequate provision of transportation, water, sewage, schools, parks, and other
public facilities
The development will be provided with municipal water and sewer facilities. The Lone Pine
Trail subdivision extended utilities to the west and northern boundary of the subject property
including a sewer lift station. Water and sewer mains will be extended within the existing
road easement and the proposed subdivision streets. The developer will be responsible for
extending the necessary City utility services to the property at the developer's expense in
accordance with City standards. Stormwater will be addressed through water quality and
flow control measures on site. Transportation infrastructure adequately exists adjacent to
the development. As a major subdivision project, the City Ordinances require parkland. The
parkland will provide outdoor opportunities for the residents. Sidewalks and pathways within
common areas and City ROW will allow for convenient pedestrian circulation.
h. Giving reasonable consideration to the character of the district
The proposed zoning is consistent with the area, which is experiencing residential growth.
i. Giving consideration to the peculiar suitability of the property for particular uses
The proposed R-4 zoning district is consistent with the growth policy future land use
designation of suburban residential. The proximity to the Lone Pine Trail subdivision to the
west will provide continuity of the City limits with a compatible land use.
j. Protecting and conserving the value of buildings
The value of buildings in the neighboring areas will be conserved. The proposed R-4 zone
provides for housing that is compatible with other uses adjacent to the site. The development
achieves the density goals for suburban residential neighborhoods. With the extension and
improvement of city services, neighboring property values are likely to increase as City
services will become available to neighboring properties.
k. Encouraging the most appropriate use of land by assuring orderly growth
The proposed development is consistent with the growth policy future land use designation
and is also compatible with current city zoning in the immediate area. Annexed properties to
the north and southeast are zoned R-3/PUD and R-3 Residential respectively with a subdivided
property to the southwest zoned R-2/PUD Residential. The R2/PUD permitted townhome lots
within the subdivided property known as Lone Pine Trails.
A tract of land located in the East 1/2 of the Southeast 1/4 of Section 13, Township 28 North, Range 22
West, Principal Meridian, Flathead County, Montana, and being more particularly described as follows:
Beginning at the northeast corner of Parcel 2 of Certificate of Survey No. 16631, records of Flathead
County, Montana;
Thence S89°48'45"W, a distance of 189.78 feet; Thence S00°02'48"E, a distance of 109.63 feet;
Thence S11°13'40"E, a distance of 37.00 feet; Thence S89°39'09"W, a distance of 296.57 feet;
Thence N00°05'42"W, a distance of 548.93 feet to the southerly right-of-way of Foys Lake Road; Thence
easterly along said right-of-way on a 1260.00 foot radius curve to the left with center bearing
N07°23'29"E, through an angle of 14°42'30", an arc distance of 323.45 feet to the westerly right-of-way
of Valley View Drive; Thence along said right-of-way S21°27'39"e, a distance of 430.19 feet to the Point
of Beginning.
Development Services
�rTY of Department
Kalispell, MT 59901
1K:A11ASPE1[A, 201 1st Avenue East
Phone (406) 758-7940
MAJOR SUBDIVISION PRELIMINARY PLAT
Email: plan ninclCdr kalispell.com Website: www.kalispell.com
Project Name
Property Address
NAME OF APPLICANT
Applicant Phone
Applicant Address
City, State, Zip
Applicant Email Address
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD
Owner Phone
Owner Address
City, State, Zip
Owner Email Address
CONSULTANT (ARCHITECT/ENGINEER)
Phone
Address
City, State, Zip
Email Address
POINT OF CONTACT FOR REVIEW COMMENTS
Phone
Address
City, State, Zip
Email Address
List ALL owners (any individual or other entity with an ownership interest in the property):
40 Valley View LLC (Bruce Tanninen)
Legal Description (please attach a full legal description for the property and a copy of the most recent deed).
Parcel 1 of Certificate of Survey No. 16631 located in E1/2 SE1/4 Section 13, T28N, R22W, P.M.,M., Flathead County, Montana.
Less and excepting therefrom that parcel conveyed to the Montana Department of Transportation in Doc. No. 200900014122.
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
GENERAL DESCRIPTION OF SUBDIVISION:
Number of lots or rental spaces 20
Total Acreage in lots 2 563
Total Acreage in subdivision 4.569
Minimum size of lots or spaces 3,423 s.f.
Total Acreage in streets or roads 1.258 Maximum size of lots or spaces 8,389 s.f.
Total acreage in parks, open spaces andlor
common spaces 0.748
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTSISPACES:
Single Family Townhouse 20 Mobile homelRV Park
Commercial/industrial Multi -family Other
APPLICABLE ZONING DESIGNATION & DISTRICT: R-4
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS: $80,364
Development Services
Department
202 Ist Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
PROPOSED EROSIONISEDIMENT CONTROL: Silt fence, straw waddles, inlet protection, watering during construction
ARE ANY SUBDIVISION VARIANCES REQUESTED? No (YESINO) 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 ofthe preliminary plat not to exceed 11"x17" in size
5. Electronic copy of the application materials, including the preliminary plat, either
copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file
size to email is 20MB)
6. A bona fide legal description of the subject property and a map showing the location and boundaries of the property
*Note - verify with the Flathead County 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
Major Subdivision Resubmittal
$2,000
for each original lot unchanged add
add $20 per lot
for each lot re-designedladded 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-confgured proposed lots
base fee + $80 per lot
add additional lots or subiots
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
knoiKiedge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that
any b kroval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the
KallsftgKity staff to be present on the_Ryopi?F11for routine monitoring and inspection during the approval and development process.
Date
Preliminary Plat
Lupine Meadows Subdivision
Prepared For:
40 Valley View LLC
Richland, WA 99352
Prepared By:
`ecture, S."ey!n9' "
Jackola Engineering & Architecture
2250 Highway 93 South
Kalispell, MT 59901
Date
June 2023
TABLE OF CONTENTS
PART I —ANNEXATION & INITIAL ZONING
1. Legal Description
2. Narrative
17�TMI��TI#]4 J7g MIJ m�►a'I7���
1. Pre -Application Form
2. Plat Maps
3. Preliminary Site & Utility Plans
4. Supporting Documentation
a. FEMA Floodplain Map
b. U.S. Fish & Wildlife Service Wetlands Map
c. Montana Natural Heritage Map
d. Alpine Geotechnical Investigation
e. Web Soil Survey
f. Zoning Map
g. Ownership Map
h. Ingress/Egress Map
i. Common Area Management Plan
PART 11
MAJOR PRELIMINARY PLAT
PRELIMINARY PLAT
1. Pre -application Form
Deveiloument Services
201 1" Ave East
CITY car Kalispell, MT 59941
Plione: (406) 758-7940
KALISPELL
Fax: (406) 758-7739
www.kalisocll.cum
PRE -APPLICATION FORM
Project 'Name: U
Applicant/Owner:
Phone: Email:
Surveyor/Engineer:
Phone: Email:
Other persons resent:
Location of ro`ect:
Type of development:
4
Current zoning:
[_r' . I
Growth Policy land use designation:
REVIEW PROCESS REQUESTED
major Subdivision ❑ Growth Policy Amendment o PUD — Full Application
o Minor Subdivision ❑ Zone Change ❑ PUD —Concept Application
��nnexation, Initial zoning? ❑ LConditional Use Permit � ❑ PLI — Label Application
Notes: a� PY), is
EXISTING CONDITIONS
Physical Features:
Location and size of all natural and environmental features including rivers, streams, springs, ponds, wetlands and lakes.
Topography: To o required onplat? Soils: Geotechnical report required?
YES I NO y �p
Water features: Special designation? Water rights? Shown on Setbacks required?
lat?
I YES - NO YES 1 NO
Desi nated 100- ear flood lain or floodwa ? Seasonal high groundwater: 0-5 ft (no crawl spaces/basements)
1/� ]) , 9 u 5-10 ft (no basements)
YES Ij1UO t YES I NO 5-105ft (no basements)
5 0"
Floodplain Delineation Floodplain Permit Wetland Delineation Wetland Other
Permit
YES I NO YES I NO YES I NO YES I NO
EXISTING CONDITIONS CONTINUED...
Human environment:
Location and size of existing structures, improvements, easements, transportation infrastructure (buildings, power lines, towers,
utilities, septic systems, wells) within 100 feet of proposed subdivision
Existing structures: Meets setback requirements? 40' X 40' buildin adprovided?
YES INO YES INO
Easements: (list tvne and location
Abuts arteriallcoIIectrlbv-pass: ill
❑ EntOnce Corridor Standards apply
❑ gontours on ,plat
Noise study required?
MDT approach permit required? County encroachment permit required? City curb cut permit required?
YES '�# YES 1 NO YES 1 NO
-Existing utilities waterlsewer lines, wells, septic):
❑ Protection easement
❑ Utility removal
o Water rights transfer
Environmental Assessment required? YES 1 PARTIAL
SITE PLAN INFORMATION
Design Standards
❑ R1W width
❑ Travel surface
❑ Grades
❑ Cul-de-sac length
❑ Firelpolice access
❑ Snow Removal
o Neighborhood connectivity
* Alleys:
- Public or Private
Proposed Utilities
u Waterlsewer line connections shown
❑ Gasltelephonelelectric fines shown
❑ Fire hydrants
a Lift station(s)
j Uc tfcy VIC-
❑ Sidewalks
❑ Landscaping
❑ Trails
❑ Boulevard widths
❑ Mail delivery site
❑ Street lighting;
- Dark sky compliant
- Standard - City maintained
- Ornamental - Privately maintained
• Solid waste
• Stormwater management
- Stormwater Management permit required?
- Preliminary drainage report required?
❑ Other
SITE PLAN INFORMATION CONTINUED...
Parkland, Landscaping and Recreation
n Park land dedication required: o City park ❑ HOA Other
maintainer)
o Boulevard landscaping
Trails
c Parks Maintenance District required? YES I NO ,
Variances
Subdivision Variance required? Roads
❑ Lots
YES 1 NO o Blocks
❑ Sidewalks
ri Other
REVIEW AND PUBLIC HEARING PROCESS
Tentative submittal elate to planning office:
Tentative Planning Board Workshop,
Tentative Plan nln Board Hearin
Tentative City Council Workshop:
Tentative City Council Action date:
Tentative effective date:
NODE: Dates outlined above are for information and planning purposes only and are subject to change based on the
completeness of application materials, planning board agendas, outcomes of public processes and issues raised by
the public, the planning board and the city council which typically staff have no control over.
Plat attached: YES I NO Date:
Submitted to Site Review Committee: YES 1 NO Date:
Pre.app form given to applicant: YES 1 NO Date:
Planner's Name:
Planner's Signature: Date:
CITY OF KALISP'ELL CONTACT LIST
Planning Department
Jarod Nygren
Director
758-7940
PJ Sorensen
Senior Planner
Karl Barnhart
Planner I
Building Department
Jeff Clawson
Building Official
758-7730
Fire Department
Dan Pearson
Fire Chief
758-7763
Parks Department
Chad Fincher
Parks Director
758-7960
Police Department
Doug Overman
Chief of Police
758-7786
Public Works Department
Susie Turner
Public Works Director
758-7852
Keith Haskins
Tom Tabler
City Engineer
Senior Civil Engineer
758-7727
758-7721
Mark Crowley
Construction Manager
758-7776
A - PUa REQUIREMENTS
Deviations from Subdivision Requlations
Roads
u Lot design
Blocks
i_: Access
I nfrastructure
_. Other
Deviations from the Zoninq Ordinance
Density
Lot size
oi Height
i i Land use
❑ Setbacks
Other
Conceptual Plans Reauired
❑ Parkland/open space areas
❑ Landscape plan for park land
❑ Landscape plan for buffer areas
❑ Landscapeffencing plan for utilities (i.e., lift station)
i; Road cross sections
❑ Building elevations
u Pedestrian/bike trail plan
❑ Pedestrian/bike trail cross sections
* Sign elevations
Parking area design
❑ Other, please list
Miscellaneous
❑ Future sales office
❑ Subdivision signage program
Retaining walls in excess of 3 feet
❑ Other, please list
PRELIMINARY PLAT
2. Plat Map
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4. Supporting Documentation
Appendix A
FEMA Floodplain Map
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U.S. Fish & Wildlife Service
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Appendix C
Montana Natural Heritage Program
Land Cover Map
F O M T A h A
Natural Heritage
Program
A program of the Montana State Library's
Natural Resource Information System
Land Cover
Summarized by: (Custom Area of Interest)
Human Land Use
Developed
- Other Roads
28% (178 County, city and or rural roads generally open to motor vehicles.
Acres)
r,u,,an Land Use
Developed
- Low Intensity Residential
21% (135 Includes areas with a mixture of constructed materials and vegetation. Impervious surfaces account for 20-50% of total cover. These areas
Acres) most commonly include single-family housing units in rural and suburban areas. Paved roadways may be classified into this category.
Grassland Systems
Montane Grassland
Rocky Mountain Lower Montane, Foothill, and Valley Grassland
21% (135 This grassland system of the northern Rocky Mountains is found at lower montane to foothill elevations in mountains and valleys throughout
Acres) Montana. These grasslands are floristically similar to Big Sagebrush Steppe but are defined by shorter summers, colder winters, and young
soils derived from recent glacial and alluvial material. They are found at elevations from 548 - 1,650 meters (1,800-5,413 feet). In the lower
montane zone, they range from small meadows to large open parks surrounded by conifers; below the lower treeline, they occur as extensive
foothill and valley grasslands. Soils are relatively deep, fine -textured, often with coarse fragments, and non -saline. Microphytic crust may be
present in high -quality occurrences. This system is typified by cool -season perennial bunch grasses and forbs (>25%) cover, with a sparse
shrub cover (<10%). Rough fescue (Festuca campestris) is dominant in the northwestern portion of the state and Idaho fescue (Festuca
idahoensis) is dominant or co -dominant throughout the range of the system. Bluebunch wheatgrass (Pseudoroegneria spicata) occurs as a
co -dominant throughout the range as well, especially on xeric sites. Western wheatgrass (Pascopyrum smithii) is consistently present, often
with appreciable coverage (>10%) in lower elevation occurrences in western Montana and virtually always present, with relatively high
coverages (>25%), on the edge of the Northwestern Great Plains region. Species diversity ranges from a high of more than 50 per 400
square meter plot on mesic sites to 15 (or fewer) on xeric and disturbed sites. Most occurrences have at least 25 vascular species present.
Farmland conversion, noxious species invasion, fire suppression, heavy grazing and oil and gas development are major threats to this
system.
Human Land Use
Developed
- commercial / Industrial
goo (58 Businesses, industrial parks, hospitals, airports; utilities in commercial/industrial areas.
Acres)
Developed, Open Space
7% (48 Vegetation (primarily grasses) planted in developed settings for recreation, erosion control, or aesthetic purposes. Impervious surfaces account
Acres) for less than 20% of total cover. This category often includes highway and railway rights of way and graveled rural roads.
NdHuman Land Use
Developed
- High Intensity Residential
4% (25 Includes areas with a mixture of constructed materials and vegetation. Impervious surfaces account for 50-80% of the total cover. These areas
Acres) most commonly include single-family housing units in urban areas. Paved roadways, parking lots, and other large impervious surfaces may be
classified into this category.
® Forest and Woodland Systems
Conifer -dominated forest and woodland (mesic-wet)
. Rocky Mountain Mesic Montane Mixed Conifer Forest
Acres)
(18 These forests are generally dominated b western hemlock Tsu a hetero h iia western red cedar Thu a iicata and rand fir Abies
Acres) 9 Y Y ( 9 P Y ), ( 7 P� ), 9
grandis). They are found in areas influenced by incursions of mild, wet, Pacific maritime air masses west of the Continental Divide in
Montana. Occurrences are found on all slopes and aspects but grow best on sites with high soil moisture, such as toeslopes and bottomlands.
At the periphery of its distribution, this system is confined to moist canyons and cooler, moister aspects. Generally, these are moist, non -
flooded or upland forest sites that are not saturated yearlong. In northwestern Montana, western hemlock and western red cedarforests
occur on bottomland and northerly exposures between 609-1,585 meters (2,000-5,200 feet) on sites with an average annual precipitation of
635 millimeters (25 inches). These forests are common in extreme northwestern Montana, and extend eastward to the Continental Divide in
the Lake McDonald drainage of Glacier National Park. Isolated stands of western hemlock occur in the Swan Valley, but are found most
commonly in the Libby and Thompson Falls vicinities, west to the Idaho border. Western red cedaroccurs extensively in the Mission Mountain
ranges south to Missoula, and on lower flanks of the Swan Range north of Lion Creek. It is confined to the riparian zone of major streams on
the east face of the Bitterroot Mountain Range. Grand fir, being less moisture dependent, occurs in more southerly and easterly sites than
western red cedar and western hemlock. This system is similar to Rocky Mountain Dry-Mesic Mixed Montane Conifer Forest, which can be
described as a seral phase of this system on appropriate sites west of the Continental Divide.
Human Land Use
No Image Developed
- Major Roads
3% (16 U.S. and State Highways that are not part of the National Highway System (NHS) Interstate network. This category includes entrance and exit
Acres) ramps to NHS Interstate highways.
Additional Limited Land Cover
1% (9 Acres) Pasture/Hay
1% (7Acres) Rocky Mountain Dry-Mesic Montane Mixed Conifer Forest
1% (SAcres) Railroad
<1% (2 Acres) Rocky Mountain Montane -Foothill Deciduous Shrubland
<1% (2 Acres) Rocky Mountain Subalpine-Montane Mesic Meadow
<1% (1 Acres) 0 Northern Rocky. Mountain Lower Montane Riparian Woodland and Shrubland
<1% (0 Acres) Introduced Upland Vegetation - Annual and Biennial Forbland
<1% (0 Acres) = Rocky Mountain Ponderosa Pine Woodland and Savanna
<1% (0 Acres) 0 Alpine -Montane Wet Meadow
Page 2 of 3
Introduction to Land Cover
Land Use/Land Cover is one of 15 Montana Spatial Data Infrastructure framework layers considered vital for
making statewide maps of Montana and understanding its geography. The layer records all Montana natural
vegetation, land cover and land use, classified from satellite and aerial imagery, mapped at a scale of
1:100,000, and interpreted with supporting ground -level data. The baseline map is adapted from the
Northwest ReGAP (NWGAP) project land cover classification, which used 30m resolution multi -spectral
Landsat imagery acquired between 1999 and 2001. Vegetation classes were drawn from the Ecological System
Classification developed by NatureServe (Comer et al. 2003). The land cover classes were developed by
Anderson et al. (1976). The NWGAP effort encompasses 12 map zones. Montana overlaps seven of these
zones. The two NWGAP teams responsible for the initial land cover mapping effort in Montana were Sanborn
and NWGAP at the University of Idaho. Both Sanborn and NWGAP employed a similar modeling approach in
which Classification and Regression Tree (CART) models were applied to Landsat ETM+ scenes. The Spatial
Analysis Lab within the Montana Natural Heritage Program was responsible for developing a seamless
Montana land cover map with a consistent statewide legend from these two separate products. Additionally,
the Montana land cover layer incorporates several other land cover and land use products (e.g., MSDI
Structures and Transportation themes and the Montana Department of Revenue Final Land Unit classification)
and reclassifications based on plot -level data and the latest NAIP imagery to improve accuracy and enhance
the usability of the theme. Updates are done as partner support and funding allow, or when other MSDI
datasets can be incorporated. Recent updates include fire perimeters and agricultural land use (annually),
energy developments such as wind, oil and gas installations (2014), roads, structures and other impervious
surfaces (various years): and local updates/improvements to specific ecological systems (e.g., central Montana
grassland and sagebrush ecosystems). Current and previous versions of the Land Use/Land Cover layer with
full metadata are available for download at the Montana State Library's Geographic Information Clearinghouse
Within the report area you have requested, land cover is summarized by acres of Level 1, Level 2, and Level 3
Ecological Systems.
Literature Cited
Anderson, J.R. E.E. Hardy, J.T. Roach, and R.E. Witmer. 1976. A land use and land cover classification system
for use with remote sensor data. U.S. Geological Survey Professional Paper 964.
Comer, P., D. Faber-Langendoen, R. Evans, S. Gawler, C. Josse, G. Kittel, S. Menard, M. Pyne, M. Reid, K. Schulz,
K. Snow, and J. Teague. 2003. Ecological systems of the United States: A working classification of U.S.
terrestrial systems. NatureServe, Arlington, VA.
Page 3 of 3
Appendix D
Alpine Geotechnical Investigation
GEOTECHNICAL INVESTIGATION REPORT
Tanninen Subdivision
Kalispell, Montana
Alpine Geotechnical Project No. 23-907
February 16, 2023
Prepared for.
Bruce Tanninen
Prepared by:
LPINE
—=GEOTECHNICAL
120 Round Stone Drive, Suite 101
Kalispell, Montana 59901
406.257.6479
tLPINE
GEOTECHNICAL
February 16, 2023
Attn: Bruce Tanninen
tanninenbruce(a-gmail.com
Cc: Bob Erickson, PLS
rerickson(o)Oackola.com
Re: Report of Subdivision Geotechnical Investigation
Tanninen Subdivision
Kalispell, Montana
Dear Mr. Tanninen:
Alpine Geotechnical, LLC (Alpine) has completed the geotechnical investigation for the
planned residential subdivision to be located on a 4.5-acre tract of land at 40 Valley View Drive
in Kalispell, Montana. We were asked to provide geotechnical information and
recommendations needed to assist with the design, development, and construction of the
subdivision phase of this project. Therefore, general site grading, underground utilities, and
roadways are the focus of this report. The results of our field investigation, observations,
exploration location plan, and boring logs are included in this report. Our services were
provided in accordance with our proposal dated January 25, 2023 and subsequent
authorization to proceed.
We appreciate the opportunity to be of service to you during the design phase of your project,
and look forward to assisting you during the construction phase. If you have any questions
concerning this report, or if we may be of further service to you, please contact us.
Sincerely,
ALPINE GEOTECHNICAL
Kagan Rutz, P.E.
Principal/Senior Engineer
Cliff Clark
Staff Geological Engineer
TABLE OF CONTENTS
SUMMARY OF KEY GEOTECHNICAL CONSIDERATIONS................................................. i
INTRODUCTION................................................................................................................... 1
PROJECT INFORMATION.................................................................................................... 1
EXPLORATION PROCEDURES........................................................................................... 1
FIELD EXPLORATION............................................................................................................ 1
LABORATORY TESTING........................................................................................................ 2
SITECONDITIONS............................................................................................................... 2
SUBSURFACE CONDITIONS............................................................................................... 2
GEOLOGY............................................................................................................................ 3
SOILCONDITIONS................................................................................................................ 3
GROUNDWATER CONDITIONS............................................................................................... 4
ENGINEERING RECOMMENDATIONS................................................................................4
GEOTECHNICAL CONSIDERATIONS........................................................................................ 4
SITE PREPARATION.............................................................................................................. 5
EARTHWORK....................................................................................................................... 7
DRAINAGE........................................................................................................................... 5
PAVEMENTS........................................................................................................................ 7
CLOSURE/LIMITATIONS................................................................................................... 10
APPENDIX A
Exploration Location Plan
Boring Logs
APPENDIX B
Laboratory Test Results
Double Ring Infiltration Test Results
APPENDIX C
General Notes
Unified Soil Classification System
SUMMARY OF KEY GEOTECHNICAL CONSIDERATIONS
Based on the information obtained from our subsurface, the site can be properly developed for the
proposed project with implementation of the recommendations contained in this report. The following
is a summary of Alpine's key geotechnical considerations and recommendations for development.
Et The subsurface conditions across the site generally consist of limited thickness of organic silt
topsoil atop native fine-grained soils. The native fine-grained soils consist of fat clay, lean
clay, and silt. An isolated area of glacial till gravel was encountered in Boring DH-4 below a
depth of 10 feet +/- along the southeastern portion of the property.
Groundwater was encountered at depths ranging from about 10.7 to 14.5 feet below grade
at the time of the field investigation.
The recommended standard duty pavement section for roadways and parking areas is 3
inches of asphalt pavement, 3 inches of crushed base course, and 12 inches of subbase
course atop geotextile fabric (Geotex 200 ST) over properly prepared subgrade. The heavy-
duty section is 4 inches of asphalt, 6 inches of base, and 12 inches of subbase atop geotextile
fabric over properly prepared subgrade.
Et Double Ring Infiltration testing at the planned stormwater detention facility at TP-7 measured
an infiltration rate of 0.2 in/hr.
Close monitoring of the construction operations discussed herein will be essential in
achieving the design foundation support for both building and pavement improvements. It
is therefore critical that Alpine Geotechnical be retained to provide observation/testing
during the earthwork portion of the project to help ensure satisfactory performance.
This summary should be used in conjunction with the entire report for design purposes. It should
be recognized that details were not included or fully developed in this section, and the report must
be read in its entirety for a comprehensive understanding of the items contained herein. The section
titled CLOSURE/LIMITATIONS should be read for an understanding of the report limitations.
The FOuriciatiOri Of a SL1CC8SSftJ1 Project
GEOTECHNICAL INVESTIGATION REPORT
Tanninen Subdivision
Kalispell, Montana
Alpine Geotechnical Project No. 23-907
February 16, 2023
INTRODUCTION
Alpine Geotechnical has completed a subsurface investigation for the planned residential
subdivision to be located on a 4.5-acre parcel of land at 40 Valley View Drive in Kalispell,
Montana. In accordance with our proposal, a total of six (6) borings were drilled to investigate
subsurface conditions in the areas of planned development. The purpose of this report is to
describe the subsurface conditions encountered in the borings, present the test data, and provide
final geotechnical recommendations for subdivision development including earthwork,
underground utilities, roadways, and storm drainage systems.
PROJECT INFORMATION
The project includes development of a 7-lot subdivision, which will consist of town homes,
detached single family lots, and full site development, including underground utility installation
(water, sewer, gas, electric) along with paved access roads and parking areas.
EXPLORATION PROCEDURES
Field Exploration
Subsurface exploration took place February 2, 2023, and included six (6) borings, designated DH-1
through DH-6 drilled within the proposed development areas to depths of 17.0 feet below existing
grade. The acronym `DH' denotes `drill hole' and the acronym `TP' denotes `test pit.' An excavator
was needed to prepare the double ring infiltration test location, which is indicated as location TP-7
on the exploration location plan. The exploration location plan and individual logs of each boring are
included in Appendix A.
The borings were advanced using a truck mounted, rotary drill rig (Diedrich D50) using continuous
flight hollow -stem augers owned and operated by Alpine Geotechnical. The double ring test pit
was excavated using a CAT 303 compact excavator operated by Alpine Geotechnical.
Representative samples were obtained by split -barrel sampling methods in general accordance
with applicable ASTM D1586, where the standard penetration resistance value (SPT-N) is
determined based on the number of blows required to advance a standard 2-inch outside diameter
split -barrel sampler the last 12 inches of the typical total 18-inch penetration by means of a
The Foundation of a Successful Project
Geotechnical Investigation Report ALLPI E
Tanninen Subdivision ■ Kalispell, Montana
February 16, 2023 ■ Alpine Project No. 23-907 - GEOTECHNICAL
140-pound hammer with a free fall of 30 inches. This value is used to estimate the in -situ relative
density of cohesionless soils and consistency of cohesive soils. Representative undisturbed
samples were recovered with a thin -walled tube sampler in general accordance with ASTM D1587,
where a nominal 3-inch outside diameter galvanized tube with a beveled cutting edge is pushed
hydraulically through fine-grained subgrade materials to obtain a relatively intact soil sample
suitable for compressibility, permeability, strength, and density testing. Collected samples were
tagged for identification, sealed to reduce moisture loss, and taken to our laboratory for further
examination, testing, and classification. Information provided on the boring logs attached to this
report includes soil descriptions, consistency evaluations, boring depths, sampling intervals, and
groundwater conditions. The borings were backfilled by the drill crew with auger cuttings at the
conclusion of each boring.
A field log of each boring was prepared by our geoscientist. These logs included visual classifications
of the subsurface materials encountered during drilling as well as the driller's interpretation of the
subsurface conditions between samples. Final boring logs included with this report represent field
classifications, modified as needed based on laboratory tests of the samples. The logs also contain
the field SPT results, natural moisture content, groundwater information, and any boring -specific
comments.
Laboratory Testing
Representative portions of each recovered sample obtained during the field investigation were
sealed in air tight containers and transported to our laboratory for further visual and laboratory
examination. Each sample obtained during the field investigation was tested for natural moisture
content. Selected samples were tested for particle size (ASTM C136 & C117), liquid limit, plastic
limit, and plasticity index (ASTM D4318), in -situ unit weight (density), Standard Proctor (ASTM
D698), and California Bearing Ratio (ASTM D1883) to aid in soil classification. A description of
the laboratory test results is included in the Soil Conditions section of this report, and complete
results of the laboratory tests are attached in Appendix B. Based on our field classifications and
laboratory test results, the estimated group symbol for each stratum is shown on the logs,
according to the Unified Soil Classification System (USCS). A brief description of the USCS is
attached to this report in Appendix C, along with General Notes that provide explanation of the
USCS.
SITE CONDITIONS
Based on our observations, the site is generally at the same elevation or slightly higher than the
adjacent access roads and properties. The site is primarily undeveloped and is situated between
existing residential development to the south and west, respectively. Based on our observations, the
site will likely require limited fill depths of up to 1 foot +/- to achieve finished grades. Placement of
suitable fill in these areas will be discussed in detail in the Earthwork section of this report. The
Exploration Location Plan included in Appendix A illustrates the boring locations on aerial
imagery.
The Foundation of a Successful Project 2
Ik
Geotechnical Investigation Report ALLPI E
Tanninen Subdivision ■ Kalispell, Montana
February 16, 2023 ■ Alpine Project No. 23-907 -GEOTECHNICAAL
SUBSURFACE CONDITIONS
Geology
The site is located in Kalispell, Montana, which lies in the Rocky Mountain Trench bounded by
the Salish Mountains to the west and the Swan Range to the east. These mountain ranges were
formed during Tertiary tectonic activity in which Precambrian Belt rocks were faulted and uplifted.
Pleistocene mountain and continental glaciation advanced generally southeastward through the
trench in the vicinity of Kalispell depositing generally competent till soils beneath the base of the
ice sheet. As the glaciers retreated, a sequence of weaker lakebed and outwash alluvial soils
were deposited over the glacial till as meltwater accumulated in areas where drainage was
impeded by morainal features. The site is located west of Kalispell where glacial lake deposits
consisting of silt, lean clay, and fat clay comprise the majority of the near -surface landform.
However, near -surface glacial till gravel was encountered in one isolated boring (DH-4), along the
southeastern portion of the site.
Soil Conditions
Based on the results of the borings, subsurface conditions across the site primarily consist of
limited thickness of topsoil atop predominately native fine-grained soils. The native soils primarily
consist of fat clay and lean clay, with the exception of Boring DH-4, where silt trace sand was
encountered in the upper 10 feet +/- and transitioned to silty gravel with sand (glacial till) to the
total depth explored.
The native fine-grained clay soils encountered across the majority of the project site in the upper
10 feet +/- of the profile are very stiff to medium stiff, based upon Standard Penetration Test (SPT)
N-values that range from 18 to 5 blows per foot, that typically decrease with depth. Natural
moisture contents in this stratum range from 15 to 29 percent. Deeper in the subsurface profile
and below the groundwater level, the predominately fine-grained clay soils are medium stiff to
very soft based on SPT N-values ranging from 5 to 0. The native silt trace sand encountered in
the upper 10 feet +/- of Boring DH-4 is very stiff, based on an SPT N-value of 24 blows per foot.
Natural moisture contents in this stratum range from 15 to 21 percent. The underlying glacial till
is dense to medium dense, based on SPT N-values ranging from 45 to 21 blows per foot.
Subsurface conditions encountered at each boring and test pit location are indicated on the
individual logs. Stratification boundaries on the boring logs represent the approximate depths of
changes in soil types. The in -situ transition between materials may be gradual. The attached
logs should be reviewed for a detailed description of the conditions encountered at the individual
investigation locations.
Particle size testing (ASTM C117 & C136) of soils taken from the borings are shown in the table
below:
The Fo4lndation of a Successful Project 3
Geotechnical Investigation Report
Tanninen Subdivision ■ Kalispell, Montana
February 16, 2023 ■ Alpine Project No. 23-907
4LLPI N E
-=GEOTECHNICAL
Boring
Depth (ft)
Passing No. 4
Passing No. 200
Classification
DH-4
15.0
36
20
Silty GRAVEL with sand (GM)
Liquid -limit, plastic limit, and plasticity index testing (ASTM D4318) of soils taken from select
borings are shown in the table below:
Boring
Depth (ft)
Liquid Limit (%)
Plasticity Index (%)
Classification
DH-3
5.0
50
27
Fat CLAY (CH)
DH-6
10.0
37
17
Lean CLAY (CL)
A Standard Proctor (ASTM D698) was conducted on a sample of fat clay taken in the upper 5
feet, which yielded a maximum dry density of 103.9 pounds per cubic foot (pcf) at optimum
moisture of 19.7 percent. Complete laboratory test results are included in Appendix B.
Groundwater Conditions
The borings were observed while drilling and immediately after completion for the presence and
level of groundwater. Static groundwater was encountered during the field investigation at depths
ranging from about 10.7 to 14.5 feet below existing grade, depending on location and elevation.
A groundwater monitoring well was installed in Boring DH-1 to a depth of 15.0 feet to allow for
future water level measurement.
It should be recognized that fluctuations of the groundwater table will occur due to seasonal
variations in the amount of rainfall, runoff, and other hydrologic factors not evident at the time the
borings were performed. Therefore, groundwater levels during construction or at other times in
the future may vary relative to the conditions indicated on the logs.
ENGINEERING RECOMMENDATIONS
Geotechnical Considerations
From a geotechnical perspective, the proposed roadway and utility infrastructure project can be
installed by open trench excavation methods, provided the recommendations presented in this
report are considered and all applicable excavation safety regulations are followed. The
excavations for utility installation will be conducted primarily in fine-grained soils consisting of stiff
to medium stiff fat clay or silt. The consistency of the soils explored was variable, which will require
different methods to provide excavation stability. All fine-grained areas of the project should be
characterized as OSHA Type C excavation soils. Particular attention should be given to open
excavations in the areas of silt encountered in Boring DH-4 as well as potential seepage zones
which will be more prone to sloughing/caving. The presence of cobbles and boulders should also
be anticipated along the southeastern portion of the property at excavation depths below 10 feet
+/-, where glacial till gravel was encountered.
The Foundation of a Successful Project 4
Geotechnical Investigation Report ALLPI E
Tanninen Subdivision ■ Kalispell, Montana
February 16, 2023 ■ Alpine Project No. 23-907 _ GEOTECHNICAL
Water conditioning, wetting, or drying, should be anticipated based on the moisture contents that
were measured. However, the magnitude of wetting or drying of backfill soils to facilitate
compaction will depend on the timeframe of construction and moisture conditions at that time.
The organic topsoil materials encountered in the upper zones of the soil profile are not acceptable
for use as backfill, and should not be used as subsurface trench backfill, but can be placed atop
the trench to match the existing topsoil thickness in non -pavement or other non-hardscaped
areas. Representative samples of each backfill material should be taken from mixed excavation
spoil piles for laboratory maximum dry density (Proctor) testing. Trench compaction will be best
accomplished via sheepsfoot, or static compaction equipment in fine-grained areas. Adequate
trench backfill density should be achieved through compaction after ensuring that the moisture
content and lift thickness are appropriate. We suggest water conditioning to within 3 percent of
optimum moisture content of backfill materials be completed outside the trench. Trenches should
be backfilled in maximum loose lift thicknesses of 8 to 12 inches (depending on compaction
equipment) followed by compaction to a minimum of 95 percent of standard Proctor (ASTM D698)
density or as otherwise specified in the contract documents. Imported granular trench backfill
that meets the City of Kalispell requirements for mainline utility backfill should be used beneath
all hardscaped and all settlement -sensitive areas
Site Preparation
To prepare the site for construction, all existing near surface topsoil/organic matter, surficial
weeds/grasses, and any encountered cobbles/boulders should be completely removed under all
building and roadway/parking areas. The native fine-grained subgrade (silt/clay) once
encountered should be cut neatly using a smooth -lipped bucket. If the excavations consist
primarily of native silt, additional recompaction and stabilization will likely be necessary under
roadways and building areas. This will require a combination of thoroughly water conditioning and
recompacting.
The subgrade in roadway and parking areas should be proof load tested using rubber -tired
construction equipment, and should be stable under that loading. The surface should be cut or
filled as necessary using Structural Fill, and prepared to an elevation that will accommodate the
minimum recommended pavement section(s). All fill materials should be placed according to the
following Earthwork section of this report.
Earthwork
Excavated materials not suitable for use as backfill should be disposed of off -site. The exposed
subgrade should be stable under the loading of construction equipment, thoroughly recompacted
and tested by Alpine personnel prior to fill placement. Depending on the season of construction
and other factors such as defined haul routes, instability may develop that will require subgrade
stabilization. Our engineering staff should be consulted if this situation develops to provide
stabilization recommendations, such as subexcavation and replacement, or geotextile/geogrid
reinforcement.
The Foundation of a Successful Project 5
Geotechnical Investigation Report ALLPI E
Tanninen Subdivision ■ Kalispell, Montana
February 16, 2023 ■ Alpine Project No. 23-907 - GEOTECHNICAL
The on -site native inorganic soils are suitable for use as building backfill if processed and placed
according to this report. For fill areas beneath all exterior hardscaped features such as roadways,
sidewalks, and exterior patios/stops we recommend support from Structural Fill to minimize
undesirable settlement. Processing involves removal of all oversized material larger than 3 inches
in diameter, and rejecting all otherwise unsuitable materials such as organic matter and
construction debris. Special attention should be paid in areas where exterior porches or
hardscape features cross the building backfill zone. If such areas are planned, we recommend
Structural Fill be used exclusively for exterior backfill from foundation depth in order to reduce
settlement potential.
The near -surface clay and silt subgrade will be highly frost susceptible, and building plans should
reflect this potential. Exterior flatwork areas or unheated buildings that are attached to heated
spaces are particularly vulnerable to seasonal uplift due to frost heave and should be mitigated if
a high level of performance is desired. Mitigation would include replacement of the upper 18
inches with a granular, non -frost susceptible fill material. A geotextile separation fabric should be
placed atop the subgrade, followed by a thin layer (3 inch thick +/-) of clean, free -draining
aggregate to serve as a capillary break followed by another layer of geotextile fabric. Structural
Fill should be used to achieve final subgrade elevation.
Structural Fill for soil replacement and backfill in select areas should be developed from reliable
source(s) approved by Alpine Geotechnical and meeting the following gradation and composition
requirements:
Screen or Sieve Size
Percent Passing by Weight
3-inch
100
1 1/2-inch
85-100
No. 4
30-60
No. 200
10 maximum
The sand, gravel, and cobble -size particles comprising the fill must 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 fraction 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 fill aggregate.
The soil's water content at the time of compaction should be in the range specified in the following
table. Some moisture conditioning of on -site soils may be required to achieve adequate
compaction; wetting or drying may be required depending on the natural soil moisture conditions
at the time of construction. All fill materials should be placed and compacted in horizontal lifts.
The Foundation of a Successful Project 6
Geotechnical Investigation Report
Tanninen Subdivision ■ Kalispell, Montana
February 16, 2023 ■ Alpine Project No. 23-907
Ik
�.ALLPI N E
—GEOTECHNICAL
The fill lifts should not exceed 12 inches in loose thickness for heavy compaction equipment, and
6 inches for smaller equipment such as large vibratory plates and jumping jacks used in
foundation and utility excavations. Small vibratory plate compactors should be used in
landscaped areas only. Typically, sheepsfoot compactors are best suited for fine-grained,
cohesive soils and vibratory, smooth -drum compactors are needed for coarse -grained soils.
At a minimum, excavations should be performed in accordance with OSHA 29 CFR, Part 1926,
Subpart P, "Excavations" and its appendices, and in accordance with any applicable local, state,
and federal safety regulations. The contractor should be aware that slope height, slope inclination,
and excavation depth should in no instance exceed those specified by these safety regulations.
Flatter slopes than those dictated by these regulations may be required depending upon the
soil/groundwater conditions encountered and other external factors. These regulations are strictly
enforced and if they are not followed, the owner, contractor, and/or earthwork and utility
subcontractor could be liable and subject to substantial penalties. Under no circumstances should
the information provided in this report be interpreted to mean that Alpine Geotechnical is
responsible for construction site safety or the contractor's activities. Construction site safety is
the sole responsibility of the contractor who shall also be solely responsible for the means,
methods, and sequencing of the construction operations. Our engineering staff will be available
during construction to provide guidance, if requested in connection with agreed construction
phase work by Alpine Geotechnical.
Drainage
Site grading should provide effective drainage away from future building sites during and after
construction. Water permitted to pond in building or roadway areas can result in greater soil
movements. Finished grades should be positively sloped away from the foundation and backfill
zones at a minimum slope of 5 percent over the 10 feet immediately adjacent to the foundation
perimeter. Irrigation in the backfill zone should be strictly minimized or isolated from the backfill
zone. Roof gutters with downspouts should be provided with discharge points beyond the backfill
zone. If positive drainage is not provided during the life of the structure, then increased movement
could develop.
Infiltration testing was conducted using a double -ring infiltrometer in accordance with ASTM
D3385 at the proposed stormwater facility location. The following table summarizes the results of
the infiltration test; complete test results are included in Appendix C.
Test Location
Depth of Test
(below existing grade)
Stabilized Infiltration Rate
(in/hr)
TP-7
2.0 feet
0.2
Pavements
It is anticipated that final subgrade elevations within the parking/access roadway areas will be at
or slightly above existing grades. Prior to placing any additional fill for pavement section
The Fo4wndation of a SUCCeSSfUl Project 7
Geotechnical Investigation Report ALLPI E
Tanninen Subdivision ■ Kalispell, Montana
February 16, 2023 ■ Alpine Project No. 23-907 -GECITECHNICAL
construction, the existing subgrade materials should be stable under rubber -tired construction
equipment, including dump truck traffic. Areas that are shown to be unstable during this proof
loading operation indicate that deeper subgrade deficiencies may exist and these areas should
be repaired under the direction of our geotechnical engineer. The requirements of a suitable fill
and its placement are discussed in the Earthwork section of this report.
Unsuitable material encountered below subgrade and/or subbase course level should be further
undercut and replaced with Structural Fill based on observation by our geotechnical engineer.
The upper 1 foot of subgrade material below the subexcavation depth should be compacted to at
least 95% of the maximum dry density per ASTM D698. Localized instability of the native silt/clay
subgrade may develop during construction when subjected to dump truck and repetitive
equipment traffic, especially with higher moisture contents. A geotextile separation fabric (Propex
Geotex 200 ST) should be placed atop properly prepared subgrade. Isolated areas may need
geogrid in order to provide adequate stability to compact the subbase course. Additionally, a
defined equipment haul route using geotextile and geogrid should be considered to minimize the
potential for widespread subgrade instability to develop.
The design approach used to develop the following tables for the flexible surfacing was based on
the American Association of State Highway and Transportation Officials (AASHTO) 1993 Guide
for Design of Pavement Structures, Chapter 4 Low Volume Road Design. We used structural
coefficients of the Montana Department of Transportation and our local experience. Specific
information regarding anticipated vehicle types, axle loads and traffic volumes was not provided.
In developing our recommendations, we have assumed that traffic will consist primarily of
automobile traffic and a limited number of delivery trucks and trash removal trucks. If heavier
vehicle types or higher traffic volumes are expected, Alpine Geotechnical should be afforded the
opportunity to review, and possibly revise, these assumptions and recommendations.
The design of pavement thickness was based on the approach described above and on the
following parameters:
Stable subgrade as previously detailed and verified by proof -loading with rubber -tired
construction equipment and dump truck traffic.
Placement of geotextile separation fabric (Propex Geotex 200 ST) atop properly prepared
subgrade
Any required fill is placed in accordance with the Earthwork section of this report.
Flexible Pavement Design Catalog assuming a maximum of 5 ESAL's per day over the
service life and a California Bearing Ratio of 3.2 percent.
A service life of 20 years.
As a minimum, we suggest the following typical pavement section be considered:
The Fo4rndatlon of a SL1CC8SSf1Jl Project 8
Geotechnical Investigation Report
Tanninen Subdivision ■ Kalispell, Montana
February 16, 2023 ■ Alpine Project No. 23-907
Typical Pavement Section Thickness
Ik
ALLPI N E
-GEOTECHNICAL
Traffic Area Asphalt Concrete Crushed Base Subbase Course Total Thickness
Surface Course Course
Road and Parking Lot 3 inches 3 inches 12 inches 18 inches
Standard Duty
Road and Parking Lot 4 inches 6 inches 12 inches 22 inches
Heavy Duty
We recommend our technical staff be afforded the opportunity to evaluate the existing subgrade
materials during construction. We also recommend field density testing be performed of all fill
placed to achieve final subgrade elevation as well as subbase and base course materials.
Pavement sections based upon a more detailed pavement design could be provided if specific
traffic loading, frequencies, and desired pavement design life are provided. The pavement section
provided is based on design traffic loading as discussed and is not intended for nor should it be
construed to be a construction platform either in full or partial section. Construction use is likely
to exert heavier and higher frequency axle/wheel loads under adverse weather or channelized
traffic conditions than assumed in this forgoing design. If construction access/haul load sections
are desired, additional geotechnical input based on construction traffic will be required.
Pavements subjected to higher traffic volumes than assumed above may require thicker pavement
sections. The above section represents the minimum thickness for in-service use and, as such,
periodic maintenance should be anticipated.
Aggregate base course should meet Montana Public Works Specification Section 02235 (61h Edition)
for Crushed Base Course, 1 '/2 inch or 3/4 inch minus and compacted to at least 95% of the maximum
ASTM D698 dry density. Aggregate subbase course should meet Montana Public Works
Specification Section 02234 (61h Edition) for Sub Base Course, and compacted to at least 95% of the
maximum ASTM D698 dry density.
Long term pavement performance will be dependent upon several factors, including maintaining
subgrade moisture levels and providing for preventive maintenance. The following
recommendations should be considered the minimum:
• Site grading at a minimum 2% grade away from the pavements
• The subgrade and the pavement surface have a minimum '/4 inch per foot slope to promote
proper surface drainage
• Consider appropriate edge drainage and pavement underdrain systems
• Apply joint sealant and seal cracks regularly
Preventive maintenance should be planned and provided through an on -going pavement
management program. Preventive maintenance activities are intended to slow the rate of
pavement deterioration, and to preserve the pavement investment. Preventive maintenance
consists of both localized maintenance (e.g., crack and joint sealing and patching) and global
The FoUndation of a SUccessfUl Project 9
Geotechnical Investigation Report ALLPI E
Tanninen Subdivision ■ Kalispell, Montana
February 16, 2023 ■ Alpine Project No. 23-907 _ GEOTECHNICAL
maintenance (e.g., surface sealing). Preventive maintenance is usually the first priority when
implementing a planned pavement maintenance program and provides the highest return on
investment for pavements. Prior to implementing any maintenance, additional engineering
observation is recommended to determine the type and extent of preventive maintenance.
CLOSURE/LIMITATIONS
Alpine Geotechnical should be retained to review the final design plans and specifications so
comments can be made regarding interpretation and implementation of our geotechnical
recommendations in the design and specifications. Alpine Geotechnical also should be retained
to provide observation and testing services during site preparation, removal of unsuitable soils,
foundation preparation/construction, and backfilling of excavations and other earth -related
construction phases of the project.
The analysis and recommendations presented in this report are based upon the data obtained
from the borings performed at the indicated locations and from other information discussed in this
report. This report does not reflect variations that may occur between boring locations, across
the site, or due to the modifying effects of weather. The nature and extent of such variations may
not become evident until construction has commenced. If variations appear, Alpine should be
immediately notified so that further evaluation and supplemental recommendations can be
provided.
This report has been prepared for the exclusive use of our client for specific application to the
project discussed and has been prepared in accordance with generally accepted geotechnical
engineering practices. No warranties, either expressed or implied, are intended or made. Site
safety, excavation support, and dewatering requirements are the responsibility of others. In the
event that changes in the nature, design, or location of the project as outlined in this report are
planned, the conclusions and recommendations contained in this report shall not be considered
valid unless Alpine Geotechnical reviews the changes and either verifies or modifies the
conclusions of this report in writing.
The Foundation of a Successful Project 10
LPINE
GEOTECHNICAL
APPENDIX A
Project No. 23-907
aLPI N E
GE TE AL
O CHNI C
120 Round Stone Drive Kalispell, MT59901
PH.(406)257-6479
Exploration Location Plan
Exhibit
Scale N TS
Tannlnen Subdivision
Kalispell, Montana
A-1
Date 02-02-23
LOG OF BORING
NO.: DH-1
Project: Tanninen Subdivision Project No.: 23-907
Client: Bruce Tanninen Date: 02-02-23
Location: See exploration location map: 48.185182,-114.334688 Elevation: Existing
Driller: Alpine Geotechnical Logged By: Teal Gayner
Drill Rig: Diedrich D50
Depth to Water> Initial 14.5' At Completion 125; 02-10-23
ELEVATION/ SOIL SYMBOLS, STANDARD PENETRATION TEST
SAMPLERS USCS Description NM DD DEPTH N C U R V E
DEPTH AND TEST DATA
r0 �s-saa ............................................................. 10 30 50
-5
-10
-15
-20
- 25
- 30
OIL Organic SILT topsoil with surficial grass, dark
....... . brown, moist, soft, 18" thick
6 CH Fat CLAY, brown/tan/grey/pink, moist, stiff
8
9
5 With rust colored mottling below 5.0' 20
6
8
2 CL Lean CLAY with interbedded sandy silt
29
1
2 brown/pink/grey/tan, very moist to wet, soft
2
0 Very soft below 15.0' 35
o......................................
End of Boring DH-1 at 17.0'
r 35 1 1
Groundwater Monitoring Well installed to 1 S.0' in accordance with ARM36.21.8
1'6"-3'6" 1 14
5'-7' 1 11
10'-12' 1 3
15-17' 1 0
LPI E
GEOTECHNICAL
LOG OF BORING
NO.: DH-2
Project: Tanninen Subdivision Project No.: 23-907
Client: Bruce Tanninen Date: 02-02-23
Location: See exploration location map: 48.185302,-114.335988 Elevation: Existing
Driller: Alpine Geotechnical Logged By: Teal Gayner
Drill Rig: Diedrich D50
Depth to Water> Initial Q:1- : 14.0' At Completion 14.0'
ELEVATION/ SOIL SYMBOLS, STANDARD PENETRATION TEST
SAMPLERS USCS Description NM DD DEPTH N C U R V E
DEPTH AND TEST DATA
............................................... 0 .
OILOrga..nic . . SILT . topsoil .. ....
with surficial grass, dark 10 30 50
rr
....... . brown, moist, soft, 18" thick
CH Fat CLAY, brown/grey/tan/pink, moist, stiff
-5
-10
-15
-20
- 25
- 30
-35
5 26 5'-7' 13
6
7 Tephra layer at 6.0'
9
2 CL Lean CLAY, brown/grey/tan/pink, very moist, 35 10'-12' 5
2
3 medium stiff
4
4 I Interbedded zone of gravel from 15.0'-15.5' 10
2 Soft and wet below 15.5' 35
2
End of Boring DH-2 at 17.0' 1
16-17' 1 3
LPI E
GEOTECHNICAL
LOG OF BORING
NO.: DH-3
Project: Tanninen Subdivision
Client: Bruce Tanninen
Location: See exploration location map: 48.185187,-114.335342
Driller: Alpine Geotechnical
Drill Rig: Diedrich D50
Depth to Water> Initial Q:1- : 14.5' At Completion 14.5'
ELEVATION/ SOIL SYMBOLS,
SAMPLERS USCS Description NM DID
DEPTH AND TEST DATA
r 0 PPIK3� ....... .....................................
.................
Organic SILT topsoil with surficial grass, dark
....... . brown, moist, soft, 18" thick
CH Fat CLAY, brown/grey/tan/pink, moist, stiff
-5
-10
-15
-20
- 25
- 30
- 35
29 1 97
s With rust colored mottling below 7.0' 27
6
Tephra layer at 8.9'
...... ..... ...................... 3 CL Lean CLAY, brown/grey/tan/pink, very moist, 35
3
4 medium stiff
4
0 Very soft with interbedded zones of silt below 40
0
0 15.0'
0......................................................
End of Boring DH-3 at 17.0'
Project No.: 23-907
Date: 02-02-23
Elevation: Existing
Logged By: Teal Gayner
STANDARD PENETRATION TEST
DEPTH I N CURVE
T-9' 11
10'-12' 7
16-17' 0
LPI E
GEOTECHNICAL
LOG OF BORING
NO.: DH-4
Project: Tanninen Subdivision
Client: Bruce Tanninen
Location: See exploration location map: 48.184996,-114.334793
Driller: Alpine Geotechnical
Drill Rig: Diedrich D50
Depth to Water> Initial Q:1- : N/E At Completion N/E
ELEVATION/ SOIL SYMBOLS,
SAMPLERS USCS Description NM DID
DEPTH AND TEST DATA
r0 .............................................................
-5
-10
-15
-20
- 25
- 30
- 35
OIL Organic SILT topsoil with surficial grass, dark
brown, moist, soft, 2.5' thick
. .... ... .... .......................
ML SILT trace sand, light tan, moist, very stiff
8 15
11
13
15
4 21
7
d . .
GM. .
3o Silty GRAVEL with sand, brown, moist, dense 4
to medium dense, with occasional cobbles and
91
10
boulders (glacial till)
End of Boring DH-4 at 17.0'
Project No.: 23-907
Date: 02-02-23
Elevation: Existing
Logged By: Teal Gayner
STANDARD PENETRATION TEST
DEPTH I N CURVE
5'-7' 1 24
10'-12' 1 45
15'-17' 1 21
LPI E
GEOTECHNICAL
LOG OF BORING
NO.: DH-5
Project: Tanninen Subdivision
Client: Bruce Tanninen
Location: See exploration location map: 48.184860,-114.335649
Driller: Alpine Geotechnical
Drill Rig: Diedrich D50
Depth to Water> Initial Q:1- : 12.5' At Completion 12.5'
ELEVATION/ SOIL SYMBOLS,
SAMPLERS USCS Description NM DID
DEPTH AND TEST DATA
r0 .............................................................
-5
-10
-15
-20
- 25
- 30
- 35
OIL Organic SILT topsoil with surficial grass, dark
....... . brown, moiit, soft, 18" thick
CH Fat CLAY, brown/grey/tan/pink, moist, very
stiff
4 24
7
s
11
35
o CL Tephra layer at 10.0'
0
0 I Lean CLAY, brown/grey/tan/pink, very moist
to wet, very soft
0 39
0
0
End of Boring DH-5 at 17.0'
Project No.: 23-907
Date: 02-02-23
Elevation: Existing
Logged By: Teal Gayner
STANDARD PENETRATION TEST
DEPTH I N CURVE
5'-7' 1 15
10'-12' 1 0
15-17' 1 0
LPI E
GEOTECHNICAL
LOG OF BORING
NO.: DH-6
Project: Tanninen Subdivision
Client: Bruce Tanninen
Location: See exploration location map: 48.184503,-114.335428
Driller: Alpine Geotechnical
Drill Rig: Diedrich D50
Depth to Water> Initial Q:1- : 10.7' At Completion 10.7'
ELEVATION/ SOIL SYMBOLS,
SAMPLERS USCS Description NM DID
DEPTH AND TEST DATA
r0 .............................................................
-5
-10
-15
-20
- 25
- 30
- 35
OIL Organic SILT topsoil with surficial grass, dark
....... . brown, moist, soft, 18" thick
CH......... ............................
Fat CLAY, grey/brown/phWtan, moist, very
stiff
5 I With rust colored mottling below 5.0'
s
10
13
22
. .....................
CL Lean CLAY, brown/tan/pink/grey, wet, very 34 87
soft
o�............................................................. 7
End of Boring DH-6 at 14.0'
Project No.: 23-907
Date: 02-02-23
Elevation: Existing
Logged By: Teal Gayner
STANDARD PENETRATION TEST
DEPTH I N CURVE
5'-7' 1 18
12'-14'
LPI E
GEOTECHNICAL
TEST PIT LOG
Test Pit No.: TP-7
PROJECT
PROJECT NO.
Tanninen Subdivision
23-907
CLIENT
DATE
Bruce Tanninen
02-06-23
LOCATION
ELEV.
See exploration location map: 48.18489-114.33446
Existing
EXCAVATION METHOD
LOGGER
CAT 303 Compact Excavator
Cliff Clark
DEPTH TO -Water: N/E When checked: 02-06-23 Caving:
SOIL SYMBOLS
ELEVATION/
DEPTH
AND SAMPLERS
USCS
DESCRIPTION
DENSITY
Pcf
MOISTURE
%
GRAPHIC
J
m
z
w
�
0
OL
Organic SILT topsoil, dark brown, very moist, soft, 12"
thick
CH
Fat CLAY, light grey/brown, very moist, medium stiff
End of Excavation TP-7 at 2.0'
5
10
15
20
25
Notes:
Alpine Geotechnical
ALPINE
GEOTECHNICAL
/_1»=1Z,IQ/:II=3
Particle Size Distribution Report
_ o00
CO c) N � m \ r1 3k Sk 2k 2k 2k 2k 2k 2k 3k
100
90
80
70
LU
W 60
z
W
z 50
W
LU
LU 40
30
20
10
0
100 10 1 0.1 0.01 0.001
C;RAIN S17F - mm
%+3"
% Gravel
% Sand
% Fines
Coarse
Fine
Coarse
Medium
Fine
Silt Clay
O
0
14
50
7
6
3
20
SOIL DATA
SYMBOL
SOURCE
SAMPLE
DEPTHNO. (ft.)
Material Description
USCS
O
DH-4
7635
15.0
Silty GRAVEL with sand
GM
Client: Bruce Tanninen
AProject: Tanninen Subdivision
ALPINE'
GEOTECHNICAL Project No.: 23-907 Figure B-1
LIQUID LIMIT, PLASTIC LIMIT, AND PLASTICITY INDEX
60
50
40
X
Lu
Z
30
U
U)
H
a
J
20
10
0
0 10 20 30 40 50 60 70 80 90 100 110
LIQUID LIMIT
Client: Bruce Tanninen
AProject: Tanninen Subdivision
ALPINE'
GEOTECHNICAL Project No.: 23-907 Figure B-2
Dashed line indicates the approximate
upper limit boundary for natural soils
O�
O�
c�-ML
ML or
OL
MH or
OH
SOIL DATA
NATURAL
LABORATORY MOISTURE DENSITY RELATIONSHIP
Curve No.: 7641
Project No.: 23-907
Project: Tanninen Subdivision
Client: Bruce Tanninen
Source of Sample: BULK
Sample Number: 7641
Remarks:
Description: Fat CLAY
Classifications -
Nat. Moist. =
Liquid Limit = 50
125
120
105
100
95
14
Depth: 1.0
MATERIAL DESCRIPTION
USCS: CH AASHTO:
Sp.G. = 2.65
Plasticity Index = 27
% < No.200 =
TEST RESULTS
Maximum dry density = 103.9 pcf
Optimum moisture = 19.7 %
Test specification:
ASTM D 698-91 Procedure A Standard
16 18 20 22 24
Water content, %
Alnine Geotechnical
Date: 02-02-23
26 28
30
Figure B-3
BEARING
RATIO TEST REPORT
ASTM D1883-07
200
CBR at 95% Max. Density = 3.2%
for 0.10 in. Penetration
6
56 blows
4.5
160
0
W 3
m
U
25 blows
G
1.5
v 120
10 blows
c
'a
Mn
N
0
70 80 90 100 110 120
Molded Density (pcf)
c
0.5
80
N
N
0.4
a
0 0.3
40
3
rn 0.2
0.1
0/
0
0.2 0.3
0.4
0 0.1
0.5 0 24 48 96
Penetration
Depth
(in.)
Elapsed Time (hrs)
Molded
Soaked
CBR (%)
Linearity
Max.
Correction
Surcharge
(lbs.)
Swell
Density
Percent of
Moisture
Density
Percent of
Moisture
0.10 in.
0.20 in.
(pcf)
Max. Dens.
(%)
(pcf)
Max. Dens.
(%)
(in)
(%)
1 0
84.2
81
19.7
84.2
81
30.8
0.5
0.4
0.000
27.64
0
2 A
94.2
90.7
19.7
94.2
90.7
25.5
1.5
1.5
0.000
27.64
0
3 ❑
103.0
99.1
19.7
103.0
99.1
21.0
5.3
5.8
0.000
27.63
0
Material Description
uSCS
Max.
Dens.
(Pcf)
Optimum
Moisture
(%)
LL
PI
Fat CLAY
CH
103.9
19.7
50
27
Project No: 23-907
Test Description/Remarks:
Project: Tanninen Subdivision
Source of Sample: BULK Depth: 1.0
Sample Number: 7641
Test Run Saturated
Date Sampled: 02-02-23 Date Received: 02-02-23
A* L P I N E
GEOTECHNICAL
Figure B-4
O
N
t
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0
v
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O
C
OA
C
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7
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to
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O
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7 �
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a1 a= 0
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4j
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c .v O
v o Q-
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ALPINE
GEOTECHNICAL
APPENDIX C
UNIFIED SOIL CLASSIFICATION SYSTEM
Soil
Classification
Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests
Group
Symbol
Group Name
Gravels:
Clean Gravels:
Cu >- 4 and 1 < Cc < 31
GW
Well -graded gravel F
More than 50% of
Less than 5% fines c
Cu < 4 and/or 1 > Cc > 3 E
GP
Poorly graded gravel F
coarse fraction retained on
fro
Gravels with Fines:
Fines classify as ML or MH
GM
F,G,
Silty gravel
Coarse Grained Soils:
4 sieve
More than 12% fines"
Fines classify as CL or CH
GC
Clayey gravel F G"
/o More than 50 retained
on No. 200 sieve
Sands:
Clean Sands:
Cu >- 6 and 1 < Cc < 3 E
SW
Well -graded sand'
Cu < 6 and/or 1 > Cc > 3 E
SP
Poorly graded sand'
50% or more of coarse
Less than 5% fines °
fraction passes
Sands with Fines:
Fines classify as ML or MH
SM
Silty sand c"'
No. 4 sieve
More than 12% fines °
Fines Classify as CL or CH
SC
Clayey sand G"'
PI > 7 and plots on or above "A" line'
CL
Lean clay K,L,M
Inorganic:
PI < 4 or plots below "A" line'
ML
Silt K,L,M
Silts and Clays:
Liquid limit less than 50
Liquid limit - oven dried
Organic clay K,L,M,"
Fine -Grained Soils:
Organic:
< 0.75
OL
Liquid limit - not dried
Organic silt K,L,M,o
50% or more passes the
No. 200 sieve
PI plots on or above "A" line
CH
Fat clay K,L,M
Silts and Clays:
Inorganic:
PI plots below "A" line
MH
Elastic Silt K,L,M
Liquid limit - oven dried
Organic clay K,L,M,P
Liquid limit 50 or more
Organic:
< 075
OH
Liquid limit - not dried
Organic silt.K,L, M,(]
Highly organic soils:
Primarily organic matter, dark in color, and organic odor
PT
Peat
A Based on the material passing the 3-in. (75-mm) sieve
" If fines are organic, add "with organic fines" to group name.
B If field sample contained cobbles or boulders, or both, add "with cobbles
' If soil contains >- 15% gravel, add "with gravel'
to group name.
or boulders, or both" to group name.
j If Atterberg limits plot in shaded area, soil is a CL-ML, silty clay.
c Gravels with 5 to 12% fines require dual symbols: GW-GM well -graded
K If soil contains 15 to 29% plus No. 200, add "with sand" or "with
gravel with silt, GW-GC well -graded gravel with clay, GP -GM poorly
gravel," whichever is predominant.
graded gravel with silt, GP -GC poorly graded gravel with clay.
L If soil contains >_ 30% plus No. 200 predominantly sand, add "sandy"
° Sands with 5 to 12% fines require dual symbols: SW-SM well -graded
to group name.
sand with silt, SW -SC well -graded sand with clay, SP-SM poorly graded
M If soil contains >_ 30% plus No. 200, predominantly gravel, add
sand with silt, SP-SC poorly graded sand with clay
"gravelly" to group name.
z
(Dso)
" PI >- 4 and plots on or above "A" line.
E Cu = D6°/D10 Cc =
° PI < 4 or plots below "A" line.
D10 x D60
P PI plots on or above "A" line.
F If soil contains >- 15% sand, add "with sand" to group name.
° PI plots below "A" line.
c If fines classify as CL-ML, use dual symbol GC -GM, or SC-SM.
60 I
For classification of fine-grained
'
soils and fine-grained fraction
50 of coarse -grained soils
l +�
Equation of "A" - line
IL Horizontal at PI=4 to LL=25.5.
then PI=0.73 (LL-20)
X 40
pEquation of "U" - line
0
z Vertical at LL=16 to PI=7,
G�
>- 30 then PI=0.9 (LL-8) '
/ 4
0 O
� ,-'� of
U) 20 Gti
Q .'
MH or OH
IL
10
7 CL - M
4 -- ML or OL
0
0 10 16 20 30 40 50
60 70 80 90 100
110
LIQUID LIMIT (LL)
CONSISTENCY OF FINE-GRAINED SOILS
RELATIVE DENSITY OF COARSE -GRAINED SOILS
Unconfined Standard Penetration
Standard Penetration
Compressive or N-value (SS)
Consistency
or N-value (SS)
Relative Density
Strength, Qu, psf Blows/Ft.
Blows/Ft.
< 500 0-1
Very Soft
0-3
VeryLoose
500 —1,000 2-4
Soft
4-9
Loose
1,000 — 2,000 4-8
Medium Stiff
10 — 29
Medium Dense
2,000 — 4,000 8 - 15
Stiff
30 — 50
Dense
4,000 — 8,000 15 - 30
Very Stiff
> 50
Very Dense
8,000+ > 30
Hard
RELATIVE PROPORTIONS OF SAND AND GRAVEL
GRAIN SIZE TERMINOLOGY
Descriptive Term(s)
Percent of
Major Component
Particle Size
of other constituents
Dry Weight
of Sample
Trace
e 15
Boulders
Over 12 in. (300mm)
With
15 — 29
Cobbles
12 in. to 3 in. (300mm to 75mm)
Modifier
30
Gravel
3 in. to #4 sieve (75mm to 4.75mm)
Sand
#4 to #200 sieve (4.75 to 0.075mm)
Silt or Clay
Passing #200 Sieve (0.075mm)
RELATIVE PROPORTIONS OF FINES
Descriptive Terms)
Percent of
of other constituents
Dry Weight
Trace
< 5
With
5-12
Modifier
> 12
PLASTICITY DESCRIPTION
Term
Plasticity
Index
Non -plastic
0
Low
1-10
Medium
11-30
High
> 30
Appendix E
NRCS Web Soil Survey
USDA United States
Department of
Agriculture
N RCS
Natural
Resources
Conservation
Service
A product of the National
Cooperative Soil Survey,
a joint effort of the United
States Department of
Agriculture and other
Federal agencies, State
agencies including the
Agricultural Experiment
Stations, and local
participants
Custom Soil Resource
Report for
Upper Flathead
Valley Area,
Montana
Tanninen - Valley View Drive
Subdivision
November 7, 2022
Preface
Soil surveys contain information that affects land use planning in survey areas.
They highlight soil limitations that affect various land uses and provide information
about the properties of the soils in the survey areas. Soil surveys are designed for
many different users, including farmers, ranchers, foresters, agronomists, urban
planners, community officials, engineers, developers, builders, and home buyers.
Also, conservationists, teachers, students, and specialists in recreation, waste
disposal, and pollution control can use the surveys to help them understand,
protect, or enhance the environment.
Various land use regulations of Federal, State, and local governments may impose
special restrictions on land use or land treatment. Soil surveys identify soil
properties that are used in making various land use or land treatment decisions.
The information is intended to help the land users identify and reduce the effects of
soil limitations on various land uses. The landowner or user is responsible for
identifying and complying with existing laws and regulations.
Although soil survey information can be used for general farm, local, and wider area
planning, onsite investigation is needed to supplement this information in some
cases. Examples include soil quality assessments (http://www.nres.usda.gov/wps/
portal/nres/main/soils/health/) and certain conservation and engineering
applications. For more detailed information, contact your local USDA Service Center
(https:Hoffices.sc.egov.usda.gov/locator/app?agency=nres) or your NRCS State Soil
Scientist (http://www.nres.usda.gov/wps/portal/nres/detail/soils/contactus/?
cid=nres142p2_053951).
Great differences in soil properties can occur within short distances. Some soils are
seasonally wet or subject to flooding. Some are too unstable to be used as a
foundation for buildings or roads. Clayey or wet soils are poorly suited to use as
septic tank absorption fields. A high water table makes a soil poorly suited to
basements or underground installations.
The National Cooperative Soil Survey is a joint effort of the United States
Department of Agriculture and other Federal agencies, State agencies including the
Agricultural Experiment Stations, and local agencies. The Natural Resources
Conservation Service (NRCS) has leadership for the Federal part of the National
Cooperative Soil Survey.
Information about soils is updated periodically. Updated information is available
through the NRCS Web Soil Survey, the site for official soil survey information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its
programs and activities on the basis of race, color, national origin, age, disability,
and where applicable, sex, marital status, familial status, parental status, religion,
sexual orientation, genetic information, political beliefs, reprisal, or because all or a
part of an individual's income is derived from any public assistance program. (Not
all prohibited bases apply to all programs.) Persons with disabilities who require
alternative means for communication of program information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice
and TDD). To file a complaint of discrimination, write to USDA, Director, Office of
Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or
call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity
provider and employer.
Contents
Soil Map
The soil map section includes the soil map for the defined area of interest, a list of
soil map units on the map and extent of each map unit, and cartographic symbols
displayed on the map. Also presented are various metadata about data used to
produce the map, and a description of each soil map unit.
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Custom Soil Resource Report
Map Unit Legend
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
Pb
Prospect loam, 3 to 7 percent
slopes
0.7
7.8%
Sa
Saline -Alkali land
7.9
92.2%
Totals for Area of Interest
8.6
100.0%
Map Unit Descriptions
The map units delineated on the detailed soil maps in a soil survey represent the
soils or miscellaneous areas in the survey area. The map unit descriptions, along
with the maps, can be used to determine the composition and properties of a unit.
A map unit delineation on a soil map represents an area dominated by one or more
major kinds of soil or miscellaneous areas. A map unit is identified and named
according to the taxonomic classification of the dominant soils. Within a taxonomic
class there are precisely defined limits for the properties of the soils. On the
landscape, however, the soils are natural phenomena, and they have the
characteristic variability of all natural phenomena. Thus, the range of some
observed properties may extend beyond the limits defined for a taxonomic class.
Areas of soils of a single taxonomic class rarely, if ever, can be mapped without
including areas of other taxonomic classes. Consequently, every map unit is made
up of the soils or miscellaneous areas for which it is named and some minor
components that belong to taxonomic classes other than those of the major soils.
Most minor soils have properties similar to those of the dominant soil or soils in the
map unit, and thus they do not affect use and management. These are called
noncontrasting, or similar, components. They may or may not be mentioned in a
particular map unit description. Other minor components, however, have properties
and behavioral characteristics divergent enough to affect use or to require different
management. These are called contrasting, or dissimilar, components. They
generally are in small areas and could not be mapped separately because of the
scale used. Some small areas of strongly contrasting soils or miscellaneous areas
are identified by a special symbol on the maps. If included in the database for a
given area, the contrasting minor components are identified in the map unit
descriptions along with some characteristics of each. A few areas of minor
components may not have been observed, and consequently they are not
mentioned in the descriptions, especially where the pattern was so complex that it
was impractical to make enough observations to identify all the soils and
miscellaneous areas on the landscape.
The presence of minor components in a map unit in no way diminishes the
usefulness or accuracy of the data. The objective of mapping is not to delineate
pure taxonomic classes but rather to separate the landscape into landforms or
landform segments that have similar use and management requirements. The
delineation of such segments on the map provides sufficient information for the
development of resource plans. If intensive use of small areas is planned, however,
Custom Soil Resource Report
onsite investigation is needed to define and locate the soils and miscellaneous
areas.
An identifying symbol precedes the map unit name in the map unit descriptions.
Each description includes general facts about the unit and gives important soil
properties and qualities.
Soils that have profiles that are almost alike make up a soil series. Except for
differences in texture of the surface layer, all the soils of a series have major
horizons that are similar in composition, thickness, and arrangement.
Soils of one series can differ in texture of the surface layer, slope, stoniness,
salinity, degree of erosion, and other characteristics that affect their use. On the
basis of such differences, a soil series is divided into soil phases. Most of the areas
shown on the detailed soil maps are phases of soil series. The name of a soil phase
commonly indicates a feature that affects use or management. For example, Alpha
silt loam, 0 to 2 percent slopes, is a phase of the Alpha series.
Some map units are made up of two or more major soils or miscellaneous areas.
These map units are complexes, associations, or undifferentiated groups.
A complex consists of two or more soils or miscellaneous areas in such an intricate
pattern or in such small areas that they cannot be shown separately on the maps.
The pattern and proportion of the soils or miscellaneous areas are somewhat similar
in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example.
An association is made up of two or more geographically associated soils or
miscellaneous areas that are shown as one unit on the maps. Because of present
or anticipated uses of the map units in the survey area, it was not considered
practical or necessary to map the soils or miscellaneous areas separately. The
pattern and relative proportion of the soils or miscellaneous areas are somewhat
similar. Alpha -Beta association, 0 to 2 percent slopes, is an example.
An undifferentiated group is made up of two or more soils or miscellaneous areas
that could be mapped individually but are mapped as one unit because similar
interpretations can be made for use and management. The pattern and proportion
of the soils or miscellaneous areas in a mapped area are not uniform. An area can
be made up of only one of the major soils or miscellaneous areas, or it can be made
up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example.
Some surveys include miscellaneous areas. Such areas have little or no soil
material and support little or no vegetation. Rock outcrop is an example.
Custom Soil Resource Report
Upper Flathead Valley Area, Montana
Pb—Prospect loam, 3 to 7 percent slopes
Map Unit Setting
National map unit symbol. 4vrx
Elevation: 2,600 to 3,400 feet
Mean annual precipitation: 15 to 18 inches
Mean annual air temperature: 39 to 45 degrees F
Frost -free period: 105 to 125 days
Farmland classification: Farmland of statewide importance
Map Unit Composition
Prospect and similar soils: 80 percent
Minor components: 20 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Prospect
Setting
Landform: Moraines
Down -slope shape: Linear
Across -slope shape: Linear
Parent material: Glacial till
Typical profile
A - 0 to 6 inches: loam
Bw - 6 to 14 inches: gravelly silt loam
Bk - 14 to 24 inches: gravelly silt loam
C - 24 to 60 inches: gravelly loam
Properties and qualities
Slope: 3 to 7 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Well drained
Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high
(0.57 to 1.98 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Calcium carbonate, maximum content: 15 percent
Maximum salinity. Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm)
Available water supply, 0 to 60 inches: High (about 9.5 inches)
Interpretive groups
Land capability classification (irrigated): 3e
Land capability classification (nonirrigated): 3e
Hydrologic Soil Group: B
Ecological site: R044AP808MT - Upland Grassland Group
Hydric soil rating: No
Minor Components
Nonhydric
Percent of map unit. 20 percent
Hydric soil rating: No
10
Custom Soil Resource Report
Sa—Saline-Alkali land
Map Unit Setting
National map unit symbol: 4vsb
Elevation: 1,900 to 4,000 feet
Mean annual precipitation: 10 to 30 inches
Mean annual air temperature: 39 to 45 degrees F
Frost -free period: 105 to 125 days
Farmland classification: Not prime farmland
Map Unit Composition
Saline land and similar soils: 45 percent
Alkali land and similar soils: 40 percent
Minor components: 15 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Saline Land
Setting
Landform: Depressions
Down -slope shape: Linear
Across -slope shape: Linear
Typical profile
H2 - 4 to 60 inches: clay
Properties and qualities
Slope: 0 to 1 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Poorly drained
Capacity of the most limiting layer to transmit water (Ksat): Very low to moderately
low (0.00 to 0.06 in/hr)
Depth to water table: About 0 inches
Frequency of flooding: None
Frequency of ponding: None
Maximum salinity. Moderately saline to strongly saline (8.0 to 16.0 mmhos/cm)
Available water supply, 0 to 60 inches: Low (about 4.5 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 6s
Hydrologic Soil Group: D
Ecological site: R044AP809MT - Upland Sagebrush Shrubland Group
Hydric soil rating: Yes
Description of Alkali Land
Typical profile
H2 - 7 to 28 inches: silty clay
H3 - 28 to 44 inches: silty clay
11
Custom Soil Resource Report
H4 - 44 to 60 inches: stratified loam to silty clay
Properties and qualities
Slope: 0 to 2 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Somewhat poorly drained
Capacity of the most limiting layer to transmit water (Ksat): Moderately low to
moderately high (0.06 to 0.20 in/hr)
Depth to water table: About 24 to 48 inches
Frequency of flooding: RareNone
Frequency of ponding: None
Calcium carbonate, maximum content: 10 percent
Maximum salinity. Moderately saline to strongly saline (8.0 to 16.0 mmhos/cm)
Available water supply, 0 to 60 inches: Moderate (about 6.3 inches)
Interpretive groups
Land capability classification (irrigated): 6w
Land capability classification (nonirrigated): 6w
Hydrologic Soil Group: D
Ecological site: R044AP801 MT - Bottomland Group
Hydric soil rating: No
Minor Components
Nonhydric
Percent of map unit. 15 percent
Hydric soil rating: No
12
Appendix F
Zoning Map
4
Appendix G
Ownership Map
TRACT OWNERSHIP AND ADDRESS LEGEND WITHIN 150' OF SUBJECT PROPERTY
LOT ID
OWNER
PROPERTY ADDRESS*
COS/PLAT ID #
3FA
HUNTLEY, DOUGLAS E & MACHELLE L
815 FOYS LAKE RD
NA
3G
MILLER, RONALD C & MARILYN J
212 VALLEY VIEW DR
NA
3GB
HOUGEY, JONATHAN PAUL & REBECCA LYNN
60 VALLEY VIEW DR
16631
3GD
HOUGEY, JONATHAN PAUL & REBECCA LYNN
NO ADDRESS ASSIGNED
16631
3D
BOEKE JR, JOHN H
105 VALLEY VIEW DR
13498
1
MARTINEZ, ERNEST W
105 LUPINE DR
LONE PINE TRAILS REVISITED
25
SMITH, LINDSAY E
269 LUPINE DR
AMD. PLAT OF COR. PLAT OF LONE PINE TRAILS
27
BREKKE, ROBERT M
259 LUPINE DR
AMD. PLAT OF COR. PLAT OF LONE PINE TRAILS
NOTES
*CITY ASSOCIATED
WITH PROPERTY ADDRESS ARE ALL
KALISPELL, MT 59901
LEGEND
SUBJECT PROPERTY BOUNDARY
ADJACENT PROPERTY BOUNDARY WITHIN
150' OF SUBJECT PROPERTY
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The areas depicted on these maps are for llustrative purposes only
and do not necessarily meet mapping, surveying, or engineering
standards. Deriving conclusions from this map is done at the user's
assumed risk.
Appendix H
Ingress/Egress Map
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Appendix I
Unit Ownership Declaration
DRAFT
Retum to:
OGLE, WORM & TRAVIS, PLLP
P.O. Box 899
Kalispell, MT 59901
DECLARATION OF TOWNHOME UNDER THE UNIT OWNERSHIP ACT OF
LUPINE MEADOWS TOWNHOMES
This Declaration is hereby made and entered into as of the date acknowledged
below, by Bruce Tanninen (hereinafter "Declarant"), whereby the property hereinafter
described is submitted and subjected to the Townhome form of ownership and use in the
manner provided by the Montana Unit Ownership Act pursuant to Montana Code
Annotated section 70-23-101 et seq. The provisions of this Declaration and of the Bylaws
of the Association (also recorded with this Declaration, see Exhibit D) pursuant to MCA
Section 70-23-307(2) are covenants which will run with the land and will be binding on
and inure to the benefit of the Declarant, the Association, the Owners of the Units created
by this Declaration, and all other parties who acquire any interest in the Units created by
this Declaration or the Property and the Project described in this Declaration. This
Declaration is situated on property in Flathead County, Montana, described as:
A Townhome Development on Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Lupine
Meadows, located in the Northeast 1/4, Southeast 1/4, Section 13, Township
28 North, Range 22 West, P.M.M., Flathead County, Montana.
The Lupine Meadows Townhomes project consists of ten (10) Lots,
each of which may contain such buildings and improvements as may
be permitted by applicable governmental zoning and building
regulations and the terms of this Declaration. By this Declaration,
twenty (20) Townhome units will be constructed on ten (10) Lots,
along with general common elements and limited common elements
as described herein, the layout and approximate square footage of
which is shown on the site plan of Lupine Meadows attached hereto
as Exhibit A. Each Lot shall contain two townhouse units, adjoined
by a common wall.
Declaration of Unit Ownership --Page I
ARTICLE 1
Definitions
Unless the context expressly provides otherwise, the following definitions shall
pertain throughout this Declaration and in the interpretation thereof.
1.1. Act. Means the Montana Unit Ownership Act, Mont, Code Ann. §70-23-101 et
seg.
1.2. Articles. Means the articles of incorporation of the Association,
1.3. Assessment. Means the charges levied on Units by the Association pursuant to this
Declaration to pay the Common Expenses.
1.4. Association. Means The Lupine Meadows Owners Association, Inc. a Montana
non-profit corporation.
1.5. Building. There are no buildings located on the Property at this time. The Project
consists of 10 unimproved residential lots as shown on the Plat of Lupine Meadows. The
Declarant intends to construct two (2) Townhome units on each Lot for a total of twenty
(20) Townhome units upon completion of the project.
1.6. Bylaws. Means the Bylaws of the Association which will be recorded with this
Declaration, as they may be amended from time to time.
1.7. Common Elements. Means the General Common Elements and the Limited
Common Elements.
1.8. Common Expenses. Means expenses of the operation, administration,
maintenance, repair, or replacement of the Common Elements (except where this
Declaration provides that with respect to a specific Limited Common Element, such
expenses are the responsibility of the Owner of the Unit which has the exclusive right to
use that Limited Common Element), expenses approved by the Association, expenses set
out herein, expenses declared common by the Act, expenses set out in the Rules and
Regulations duly adopted by the Association, and expenses to create reserves for future
maintenance and replacement of the Common Elements. Property taxes, telephone,
utilities, security alarms, interment and the individual heating and air conditioning units for
each Unit are the sole responsibility of the Unit's Owner and are not included in common
expenses.
1.9. Declarant. Means the undersigned, his successors, or assigns acting as the original
owner(s) of the property.
Declaration of Unit Ownership --Page 2
1.10. General Common Elements. Each Townhome owner shall be the owner of an
undivided pro-rata interest in the general common elements in the percentages shown in
Article 5 of this Declaration. The common elements consist of the portion of the access
road known as Lupine Drive which traverses Lots I through 10 of Lupine Meadows,
Common Area 1, Common Area 2, Park Area 1, Park Area 2 and utility casements shown
on the site plan attached hereto as Exhibit A, together with all associated easements for
ingress and egress to the townhome units as shown on Exhibit A, Any utilities, pipes,
wires, and other infrastructure located on the Property which serves more than one
townhome shall also be considered a common element of the Project.
The Declarant, during the period of Declarant control, and the Board of Directors
(the "Board") of Lupine Meadows Owners Association, Inc. (the "Association") may
impose such rules and regulations as the Declarant or Board deems reasonably necessary
from time to time to regulate and control the use and safety of the general common
elements. The Declarant and Board have the power to levy assessments upon all the
townhome owners to pay for all general common element expenses and other expenses
including administration, maintenance, repair or replacement of common elements and
such other items as hereinafter set forth.
1.11. Limited Common Elements. Limited common elements mean all those common
elements which are reserved for the use of one (1) townhome to the exclusion of the other
townhomes. Each Lot described on the Plat of Lupine Meadows shall be a limited common
element for the use of the two (2) townhome units situated on the Lot. Each driveway,
patio and yard as shown on Exhibit "A" shall be a limited common element for each
Townhome unit. The Board of the Association may elect to identify limited common
elements and designate the townhomes to which the limited common elements are
appurtenant and shall record an amendment to this Declaration reflecting the designation.
1.12. Manager. Means the manager, or any other person or group of persons retained or
appointed by the Owners, if any, for the purpose of conducting the day-to-day operation of
the Project. The manager, if any, may, but need not be, an Owner.
1.13. Occupant. Means a person or persons, other than the Owner, in possession of a
Unit.
1.14. Owner. Means the person, persons or entity owning a legal or equitable fee simple
absolute interest in a Unit, either individually or as co -owners in any real estate tenancy
relationship that is recognized under the laws of the State of Montana. The term "Owner"
includes the buyer under a contract for deed, the trustee of a trust, and the grantor under a
trust indenture, but does not include the seller under a contract for deed, the trustor or
beneficiary of a trust, the lessee of a Unit, the trustee or beneficiary under a trust indenture,
or any person who holds an interest in a Unit as security for a debt or other obligation.
Declaration of Unit Ownership --Page 3
1.15. Period of Declarant Control. Means the period beginning on the date this
declaration is first recorded in the office of the Clerk and Recorder of Flathead County,
Montana, and ending on the earlier of. (a) the date which is 20 years later, or (b) the date
on which the declarant has sold 90% of the Townhome units.
1.16. Plans. No buildings have been constructed on the lots at this time. The Declarant
intends to construct two (2) Townhomes on each Lot for a total of 20 Townhome Units in
the project. Floor plans for buildings to be constructed on the property are attached hereto
as Exhibit "B".
1.17. Proles. Means the Property and common elements of the Property.
1.18. Property. Means the real property described in Article 3, and all easements, and
other rights and appurtenances belonging thereto.
1.19. Townhome. Shall mean one of two units sharing a common foundation wall and
roof which shall be constructed with fire separation according to local building codes on
each Lot. Townhomes are considered two separate properties which shall be owned,
maintained, and sold separately. Each townhome unit shall have its own utility
connections at the street. The shared areas between two townhomes shall be equally
maintained by the owners of each townhome accordingly.
1.20. Rules and Reimlations. Means the rules and regulations, if any, adopted by the
Association with respect to the Project.
1.21. Unit. Means a unit intended for exclusive ownership by an Owner as shown on
the site plan of Lupine Meadows Townhomes attached hereto as Exhibit "A". The location
and approximate dimensions of the Units are shown in the site plan of Lupine Meadows
Townhomes, attached as Exhibit "A" and the floor plans for buildings to be constructed
are attached hereto as Exhibit "B". Article 5.1 lists the addresses and percentages of
ownership of general common elements of each Unit, and the undivided percentage interest
in the Common Elements which is appurtenant to each Unit. Exhibit "A" depicts the legal
boundaries and shows the areas of limited common elements for each unit.
ARTICLE 2
Name & Address
The Project shall be known as Lupine Meadows Townhomes. The address of the Project is
, Kalispell, Montana.
ARTICLE 3
Declaration of Unit Ownership --Page 4
ARTICLE 3
The Property
3.1. Description. The real property on which the Project is located is:
A Townhome Development on Lots 1, 2, 3, 4, S, 6, 7, 8, 9 and 10 of Lupine
Meadows, located in the Northeast '/a, Southeast '/4, Section 13, Township
North, Range 22 West., P.M.M., Flathead County, Montana.
The units are 20 townhomes which are described as townhome units
1 A and 1 B through 10A and 1 OB as depicted on Exhibit "A" attached
hereto. Said townhome units are located on residential Lots 1
through 10 of the Plat of Lupine Meadows, which is on file and of
record in the office of the Clerk and Recorder of Flathead County
Montana,
ARTICLE 4
General. Description of Proposed Buildings
4.1. General Description of Units.. The units are 20 Townhome units which are
described and shown as Townhome Units I and 1B through l0A and IOB of the site plan
of Lupine Meadows Townhomes, a copy of which is attached hereto as Exhibit "A".
4.2. Buildine Description, Access & Utilities. No structures have yet been constructed
in the Lots. The Declarant intends to construct 20 Townhome Units on the property. Plans
for the buildings to be constructed are attached hereto as Exhibit "B". The Lupine Meadows
Townhomes consist of the Property together with all improvements to be constructed
thereon, including streets, sidewalks, driveways, patios, utilities and townhome structures
(the "Project").
At the completion of the Project there are expected to be 10 duplex structures with
two townhome units separated by a Common Wall in each building. The Common Walls
are situated along the dividing line between each Townhome unit. The siteplan showing the
layout of the Project, the general common elements, limited common elements and the size
and dimension of each Townhome unit is attached as Exhibit A.
The principal construction materials are concrete foundations, typical wood frame
construction and asphalt shingle roofs.
Each Townhome unit owner does hereby consent and agree to allow Declarant, or its
successors and assigns, to record an amendment to this Declaration to make such other
amendments as are necessary to add floorplans for completed structures and otherwise
complete all phases of the Project and incorporate them into the Association.
Declaration of Unit Ownership --Page i
Each Townhome unit owner consents and agrees to the appointment of the Declarant,
or its successors and assigns, as the Townhome Lot owner's attorney -in -fact to allow the
Declarant to record such amendments on the Townhome Lot owner's behalf.
The Project is being carried out in accordance with a municipal facilities subdivision
review exemption pursuant to § 76-4-125(2)(d), MCA (2017).
4.3. Lots.
The Project contains 10 Lots as shown on the site plan of Lupine Meadows
Townhomes attached hereto as Exhibit "A" which includes unit designations and respective
square footages.
Each Townhome unit, together with its appurtenant undivided interest in the general
common elements, limited common elements and all structures and other appurtenances,
shall be inseparable and may be conveyed, devised or encumbered as a Townhome unit in
accordance with this Declaration, the applicable Bylaws and the Montana Unit Ownership
Act. Each Townhome unit (which designation is synonymous with a "unit" for purposes of
the Montana Unit Ownership Act)
4.4. Each Townhome unit owner shall be entitled to the exclusive ownership and
possession of such townhome owner's townhome structure as separated by the Common
Wall separating the two portions of the townhome structure and the land within each
Townhome unit, subject to any applicable easements or other rights as designated herein.
The Units are served by the following utilities:
Electricity: Each Unit will have separate meters for electricity.
Water & Sewer: Each unit will be served by separate water and sewer service lines.
4.5 Units. The Units are designated as Unit I and I through Unit 10A and 10B. The
location and dimensions of the Units are shown on the site plan of Lupine Meadows
Townhomes attached hereto as Exhibit "A".
Declaration of Unit Ownership —Page 6
ARTICLE 5
Description of Units
5.1. Designation of Units: Each Unit will have a street address as follows:
Unit 1 - Lot 1A —
Lupine Drive
Unit 2 - Lot.1 B —
Lupine Drive
Unit 3 - Lot 2A —
Lupine Drive
Unit 4 - Lot 2B —
Lupine Drive
Unit 5 — Lot 3A --
Lupine Drive
Unit 6 - Lot 3B —
Lupine Drive
Unit 7 - Lot 4A —
Lupine Drive
Unit 8 - Lot 4B —
Lupine Drive
Unit 9 - Lot 5A --
Lupine Drive
Unit 10 - Lot 5B
Lupine Drive
Unit 11 - Lot 6A --
Lupine Drive
Unit 12 - Lot 6B —
Lupine Drive
Unit 13 - Lot 7A —
Lupine Drive
Unit 14 - Lot 7B —
Lupine Drive
Unit 15 - Lot 8A —
Lupine Drive
Unit 16 - Lot 8B —
Lupine Drive
Unit 17 - Lot 9A —
Lupine Drive
Unit 18 - Lot 9B —
Lupine Drive
Unit 19 - Lot 10A —
Lupine Drive
Unit 20 - Lot 1 OB —
Lupine Drive
The percentage of ownership of the Common Elements which is associated with that Unit,
is set forth below.
Unit 1 - Lot 1A —
Lupine Drive
5%
Unit 2 - Lot 1B —
Lupine Drive
5%
Unit 3 - Lot 2A —
Lupine Drive
5%
Unit 4 - Lot 2B —
Lupine Drive
5%
Unit 5 --Lot 3A —
Lupine Drive
5%
Unit 6 - Lot 3B —
Lupine Drive
5%
Unit 7 - Lot 4A —
Lupine Drive
5%
Unit 8 - Lot 4B —
Lupine Drive
5%
Unit 9 - Lot 5A —
Lupine Drive
5%
Unit 10 - Lot 5B —
Lupine Drive
5%
Unit 11 —Lot 6A —
Lupine Drive
5%
Unit 12 — Lot 6B —
Lupine Drive
5%
Unit 13 - Lot 7A
Lupine Drive
5%
Declaration of Unit Ownership --Page 7
Unit 14 - Lot 7B —
Lupine Drive
5%
Unit 15 - Lot 8A —
Lupine Drive
5%
Unit 16 - Lot 8B
Lupine Drive
5%
Unit 17 - Lot 9A --
Lupine Drive
5%
Unit 18 - Lot 9B —
Lupine Drive
5%
Unit 19 - Lot l0A —
Lupine Drive
5%
Unit 20 - Lot 1 OB
Lupine Drive
5%
TOTAL 100%
5.2. Cost Shariniz, Each Unit will share the costs and expenses of all General Common
Elements according to (i) percentage ownership and (ii) such factors including estimated
usage or benefit as may be determined by, and set forth in, policies established by the
Association (such as water and sewer, which will be invoiced according to estimated
proportional use).
5.3. Location. The specific layout, location and configuration of the Project is set forth
in the following Exhibit attached to this Declaration:
Exhibit A. Site Plan of Lupine Meadows Townhomes
5.4. Unit Boundaries. The boundaries of each unit are described on the site plan of
Lupine Meadows Townhomes attached hereto as Exhibit "A" and the floor plans attached
hereto as Exhibit "B".
ARTICLE 6
General Common Elements
61. Common Elements. The General Common Elements of the Project are generally
described in Article 1.10 of this Declaration.
6.2. Common Element Easements. A non-exclusive right of ingress and egress and
support through the General Common Elements is appurtenant to each Unit and all of the
General Common. Elements are subject to such right.
Use of General Common Elements. Each Unit has a non-exclusive and perpetual
right and easement to use the General Common Elements in common with all other
persons entitled to use the General Common Elements, as may be required for the
purposes of access, ingress and egress to and from the Property, and the use,
occupancy and enjoyment of the Units and the Common Elements for their intended
purposes as provided herein. Such right and easement extends to each Owner or
Occupant.
Declaration of Unit Ownership --Page 8
This easement is subject to the limitations, restrictions, and Rules and Regulations
as may from time to time be promulgated by the Association. The Association has
the exclusive authority to convey easements or grant other rights with respect to the
Common Elements consistent with the overall character and use of the Property.
Each Owner accepts title to the Owner's Unit subject to all existing easements. Each
owner appoints the Association as attorney -in -fact to execute any and all instruments
conveying, modifying or terminating easements for the benefit of the Project.
6.3. Public Utilities. Easements and rights in, on, over, across, under or through the
Property for the installation and maintenance of lines, cables, wires, conduits, pipes or other
devices for electricity, cable television, intemet, security and/or alarms, power, telephone,
common sewer lines, storm water drains, water systems, sprinkling systems, drainage
facilities, water heating, gas, and any similar common improvements, facility or other
common utilities needed to serve the Property are hereby reserved by the Association,
together with the exclusive right to grant and transfer the same. The Association shall have
the exclusive power to grant and convey in the name of all of the Owners as their
attorney -in -fact to any other Person easements and rights -of way in, on, over, across, under
or through the Common Elements for the purpose of constructing, erecting, operating or
maintaining lines, cables, wires, conduits, or other devices for electricity, cable television,
Internet, security and/or alarms, power, telephone, common sewers, water drains, water
systems, sprinkling systems, water heating, gas, and any similar common or quasi -common
improvements, facility or other common utilities needed to serve the Property, and each
Owner in accepting the deed or other instrument creating in such Owner the interest required
to be deemed an Owner, whether or not it be so expressed in the deed or other instrument,
expressly consents to such easements and rights -of -way and authorizes and appoints the
Association as attorney -in -fact of such Owner to execute any and all instruments conveying
or creating such easements or rights -of -way.
6.4. Easements for Encroachments. If any portion of the Common Elements now
encroaches or shall hereafter encroach upon any Unit, or if any Unit now encroaches or shall
hereafter encroach upon any other Unit or the Common Elements, an easement for such
encroachment and for the maintenance of the same shall and does exist. Such
encroachments shall not be considered to be encumbrances either on the Common Elements
or the Units. Encroachments referred to herein include, but are not limited to, encroachments
as a result of the manner in which the Buildings have been constructed, settling, shifting,
alteration, replacement, repair, or restoration of the Property or any part thereof.
6.5. Common Wall Easement. Each duplex twnhome structure includes a common
wail separating the two units of the structure. Each owner of a Townhome Lot has a
perpetual easement in that part of the premises of the other owner's Townhome Lot on
which the Common Wall is located, together with the right of access, for the purposes of
maintaining, repairing, and replacing the Common Wall.
Declaration of Unit Ownership --Page 9
6.6. Owners' Right to Ingress and E ress and Support. Each Owner has the right to
ingress and egress over, upon and across the General Common Elements necessary for
access to the Owner's Unit and such rights shall be appurtenant to and pass with the title to
each Unit.
6.7. Association's Right to Use of Common Elements. The Association has a
nonexclusive easement to make such use of the Common Elements as may be necessary or
appropriate to perform the duties and functions which it is obligated or permitted to perform
pursuant to this Declaration.
6.8. Use of General Common Elements. General Common Elements may not be
obstructed, nor shall anything be stored on any part of the General Common Elements
without the prior written consent of the Association, except as specifically provided herein.
Nothing shall be altered on, constructed in, or removed from the General Common Elements
except upon the prior written consent of the Association. The General Common Elements
will remain undivided, and no Owner will have the right to bring any action for division or
partition of any of the General Common Elements, unless and until this Declaration is
terminated.
6.9. Percentage of Interest. Owners have general rights of access and use of the General
Common Elements without regard to percentage ownership. In the event of any dispute
regarding percentage ownership or use of the General Common Elements, the Association
is empowered to resolve such dispute in its sole discretion.
ARTICLE 7
Use Restrictions
7.1. Residential Use only. Unit Owners will have the exclusive right to use their Unit,
subject to this Declaration. All Units shall be used for residential purposes only. No unit
may be used for commercial purposes. No Units may be used for any day care facility,
preschool or any other self-contained business or enterprise which normally produces
additional traffic above and beyond normal residential use. This does not prohibit an Owner
or Occupant from conducting business from a "home office" via telephone and internet,
provided that such activity does not generate additional parking or traffic, or generate any
noise, smells or other nuisance which may be objectionable to the Owners of other Units.
No business signs or advertising may be installed anyplace on the Building or the Property.
7.2. Subdivision of Lots. No Lot may be further subdivided.
7.3: ,Structures. There shall be no more than one unit or a set of two townhome units
on each lot. No basements are allowed. Structures, including fences, must conform to
setbacks and height restrictions set by Flathead County. Accessory structures for storage
and recreation may be allowed per Flathead County Zoning regulations.
Declaration of Unit Ownership —Page 10
7.4. Dwelling size. Each unit of a two-townhome building shall have at least 1000
square feet of total living space, not including garages or outdoor spaces. Two story
dwellings shall have at least 500 square feet of living space at ground level.
7.5. Garage. Each townhome unit shall have an attached garage for at least one car.
7.6. Driveways '. Each townhome unit shall have a driveway paved in asphalt or.
concrete. Driveways shall be constructed so as to not interfere with drainage and shall
include culverts where necessary. Driveways may be shared between two townhome units
provided the driveway design is wide enough to accommodate garage access and parking
needs for both units.
7.7. Dwelling Construction. All dwellings shall be constructed on the lot with new
materials. There shall be no trailer homes, mobile homes, modular homes, or prefabricated
homes placed on any lot. Used materials in good condition, such as brick, stone, or timber
beams may be utilized. All construction must conform to Local Building Codes and Fire
Codes. All construction shall be completed within 12 months after the start of
construction,
7.8. Drainage Control. Reasonable precaution shall be taken during construction and
thereafter to prevent erosion and drainage problems. All disturbed soil areas shall be
revegetated with a reasonable time .is such a fashion to minimize erosion.
7.9. Utilities. All utilities shall be placed underground. The subdivision shall be
connected to Evergreen water and sewer systems. No private water or sewer systems may
be constructed.
7.10. Antennas, Poles, and other structures. No antennas, poles, cellular telephone
towers, communication towers, or other structures shall be erected. Any satellite dish
receiver must be 24 inches or less in diameter and shall not be visible from any road.
7.11. House numbers. Owners shall maintain house numbers which are clearly visible.
7.12. Vehicles. All vehicles shall be parked in the garages or driveways, and no vehicle
shall be parked on the common area except on a temporary basis.
7.13. Animals. No more than three (3) small household pets may be kept, providing that
they are not kept, bred, or maintained for any commercial purpose. No livestock shall be
raised, bred, or kept on any lot. Household pets must be contained upon owner's lot. In
common areas, pets must be kept on leashes and cleaned up after. All pet enclosures shall
be kept in the rear yard of a lot.
Declaration of Unit Ownership --Page 11
No dog which barks and can be heard on any frequent or continuing basis shall be kept on
any lot. Pets constituting a nuisance may be ordered by the HOA to be kept within the
residence of the owner or ordered expelled from Lupine Meadows.
7.14. Suns. No signs, billboards, banners, or advertising devices of any nature except as
may be authorized be the Architectural Review Committee shall be erected on any lot
except for temporary For Sale signs.
7.15. Outdoor Lighting. Lighting shall serve only the lot on which it is located. A
reasonable effort should be exercised to limit light pollution and lights shining onto
neighboring properties.
7.16. Landscaping. Landscaping of an entire lot must occur within 1 year of excavation
or other ground disturbance following approval of landscaping plans by the Architectural
Review Committee.
7.17. No Noxious weeds. No Noxious weeds, as defined by Flathead County, may be
allowed on any lot or in any common area.
7.18. No hunting. No hunting of any kind shall be permitted in Lupine Meadows.
7.19. No fuel tanks. No fuel tanks, whether above or below ground, shall be permitted
in Lupine Meadows.
7.20. No oil drilling. No oil drilling, oil development operations, oil refining, quarrying,
or mining operation of any kind shall be permitted upon or in any lot, nor shall oil wells,
tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or
other structures designed for use in boring for natural gas shall be erected, maintained, or
permitted upon any lot.
7.21. Restriction on leasing_ and other use of Units. The Owner of a Unit is responsible
for providing all tenants and other Occupants of the Unit with copies of this Declaration and
any regulations adopted by the Association, and for ensuring that the tenant and other
Occupants comply with the requirements of those documents. The Association may issue
additional rules, regulations or policy on Unit rentals not inconsistent with these covenants.
7.22. Rules and Regulations. The Association shall have the authority to issue and
enforce Rules and Regulations for use and maintenance of the Common Elements and for
such other purposes as it may deem appropriate.
7.23. Fireworks, Firearms, and „Fires. No fireworks or firearms may be discharged on
the Property. Barbeque grills and propane fire pits may be operated, but open fires are not
permitted.
Declaration of Unit Ownership —Page 12
7.24. Offensive activities. No noxious or offensive activities may be carried on in any
Unit or in the Common Elements, nor may anything be done which may become a nuisance
to the other Owners, or may interfere with the rights, comfort, or convenience of other
Owners. All determinations by the Association in applying and interpreting this Section 7
shall be its sole discretion and shall be final and binding.
7.25. Parking of inoperable vehicles. No automobiles or other vehicles which are not in
operating condition may be parked on the Property for a period exceeding ten days.
7.26. Parking of Recreational Vehicles. Recreational vehicles such as campers, motor
homes, trailers, boats, snowmobiles, ATV's or other recreational vehicles may not be parked
on the Property other than for the limited purpose of immediate loading or unloading. They
may not be used for overnight accommodations for anyone.
7.27. No overloading of clectrical system. No electrical device or equipment may be
used in the Project which exceeds the capacity of the circuits to which it is connected, or
which may overload or damage the electrical systems in the Building.
7.28. Maintenance of the Units. The Owners and Occupants of a Unit will maintain their
Units, and the Limited Common Elements which are appurtenant to that Unit, in an orderly,
clean, and well -maintained condition. The Association is responsible for maintaining the
general common elements, the cost of which will be a Common Expense.
ARTICLE 8
OWNERS RIGHT AND RESPONSIBILITIES
8.1. Abide by Declaration. All owners and residents in Lupine Meadows Townhomes
must conform and abide to all portions of this declaration.
8.2. Owners Association. All owners are automatically equal members of the Lupine
Meadows Owners Association as of its initiation. All owners have equal voting rights,
however all votes must be collected at times given and through methods established by the
Lupine Meadows Owners Association in order to be counted.
(a) Contact Information; Owner is responsible for providing to the Lupine
Meadows Owners Association current contact information and notifying the same
of any updates to contact information immediately.
8.3. Property Taxes. It is acknowledged that, for property tax purposes, Flathead
County and the State of Montana may allocate to each Lot a fractional, proportional
portion of the value attributable to the Common Areas. By accepting a deed to a Lot, the
Declaration of Unit Ownership --Page 13
Owner agrees to this mechanism for property taxation and agrees to pay a proportional
share, as allocated by Flathead County and the State of Montana, of the taxes attributable
to the value of the Common Areas, while at the same time allowing the HOA to
administer and control the Common Areas.
8.4. Maintenance. Owners are responsible for maintaining all structures, land,
driveways, sidewalks, and any other features on the lot in working order and in appealing
condition to promote safety, health, visual attractiveness, and value in the neighborhood.
All expenses incurred as a result of maintenance shall be the responsibility of the owner.
If reasonable maintenance is not being exercised in the opinion of the HOA, the HOA may
take action for non-conformance to this declaration.
8.5. I_mprovements. Improvements are encouraged to maintain quality and increase
value.
8.6. Weeds. Owners are responsible for guarding against and treating weeds on any
part of the lot.
8.7. Easement Access. Access must be granted to casements by the HOA or utility
companies for inspections and maintenance.
8.8. Easement Maintenance. Easements on any individual lot shall be maintained by
the owner of the lot.
8.9. Trash. Trash removal for each lot is the responsibility of the owners. No trash or
debris shall be collected, piled, or burned on any part of any lot. The HOA may choose to
organize trash pickup for the subdivision and add the expense to annual assessments.
8.10. Snow Removal. Snow removal on any driveway or private sidewalk is the
responsibility of the owner, Driveways and sidewalks shall be cleared as needed to
maintain safety for residents and visitors.
8.11. Landscaping. Landscaping shall be maintained regularly to promote health,
safety, value, and guard against weeds. Landscaping on any lot is the responsibility of the
owner. Landscaping shall be established and maintained on each entire lot to provide
erosion control and visual appeal. Lawns and landscaping features shall be irrigated and
mowed/trimmed as needed. Any improvements to landscaping which change the look or
character of the lot shall be submitted and approved by the Architectural Review
Committee prior to commencement of any project.
8.12. No noxious activity. No noxious or offensive activity shall be carried on upon
any lot, n or shall anything be done thereon which may be or may become an annoyance
or nuisance to the neighborhood.
Declaration of Unit Ownership —Page 14
8.13. Alterations and modifications. No townhome owner shall make any alteration or
modification of any general common element without express written permission from the
Association. The owner of a townhome may make modifications to such townhome or to
the limited common elements appurtenant only to such townhome, provided, no structural
modification or modifications to the exterior of the structure may be made without the
written consent of the Association.
ARTICLE 9
Association and Membership
9.0. Association. The Association will serve as the Townhome association for the
Project. The Association will meet, vote and operate under the authority of this document,
Montana law, and the Bylaws of the Association, which will be recorded with this
Declaration.
9.1. Agent for service of Process. As required by Mont. Code Ann. §§70-23-301(7)
and 70-23-901, in any action relating to the Common Elements service of process on two
or more Owners may be made on Bruce Tanninen, whose address is Kalispell, Montana,
59901. The agent for service of process will be the same as the registered agent of the
Association. The Association can change the agent for service of process by changing the
registered agent with the Montana Secretary of State for the Association, whether or not this
document is amended. Declarant may unilaterally change the Association's agent or a
majority of Unit Owners may do so.
9.2. Membership & Voting. Each Owner is a member of the Association and will
remain a member for the period of the Owner's ownership. No Owner, whether one or more
persons, will have more than one membership per Unit owned, but each of the persons (or
trusts or entities) owning a Unit are entitled to rights of membership and of use and
enjoyment appurtenant to ownership of a Unit. If title to a Unit is held by more than one
person, such Owners will designate one person as their representative and appoint such
person as their proxy for voting purposes. Membership is appurtenant to and may not be
separated from ownership of a Unit. If any Owner or Owners cast a vote representing a
certain Unit, it will, in the absence of prompt protest from the other Owners of such Unit
during the meeting at which such vote is cast, thereafter be conclusively presumed for all
purposes that such Owner or Owners were acting with the authority and consent of all other
Owners of the same Unit. Action may be taken by the Association without a meeting if
approved in writing by a majority in interest (51 % or more) of the members.
Declaration of Unit Ownership --Page 15
9.3. Powers. The Association is responsible for managing, supervising, and operating
the Project in accordance with the requirements of this Declaration, the Bylaws and the
Rules and Regulations. The Association has all the powers of a nonprofit corporation under
Montana law, subject only to such limitations on the exercise of such powers as are set forth
in the Articles, the Bylaws, this Declaration and the Rules and Regulations. The Association
has the power to do any lawful thing that may be authorized, required, or permitted to be
done by the Association under the Act or this Declaration, the Articles and the Bylaws, and
to do and perform any act that may be necessary or proper for or incidental to, the exercise
of any of the express powers of the Association, including, without limitation, the following:
(A) make provisions for the maintenance, repair, replacement, administration and operation
of the Common Elements and improvements thereon (including furnishings and equipment
related thereto) and for keeping the same in good, clean, attractive and sanitary condition,
order and repair; (B) obtain common area public liability and property coverage (casualty)
insurance and dispose of such insurance proceeds; (C) obtain utilities for the Common Area
or common utilities for the Units; (D) levy and collect Assessments and perfect and enforce
liens for such Assessments, (E) pay taxes, and other liabilities which are or would become
a lien on any portion of the Common Elements; (F) enter into contracts including, but not
limited to, management contracts; (G) adopt, amend and repeal Rules and Regulations as it
deems reasonable (H) perform any other duties set forth in this Declaration; (I) grant or
release easements over common elements to or for others, (J) propose annual budgets and
assessments, and (K) take any other actions that the Association determines in its sole
discretion are in the best interest of the Owners or the Project.
9.4. Manager, The Association may employ a responsible person or entity as manager
to manage, operate and maintain the Association and Common Elements, with all of the
administrative functions and such other powers and duties as the Association may delegate
from time to time and for such fees as the Association may establish consistent with other
provisions of this Declaration, including the maintenance of an Association bank account,
mailing of dues notices, collecting dues, and filing tax returns.
9.5. Association's Determination Binding. Subject to the right of any Owner to
institute an action at law or in equity, in the event of any dispute or disagreement between
any Owners, or any question of interpretation or application of the provisions of this
Declaration, the Articles, the Bylaws, or the Rules and Regulations, the Association's
determination shall be final and binding on each and all of such Owners.
9.6. Rules and Regulations. The Association may adopt, repeal, amend or modify
Rules and Regulations in furtherance of the Bylaws or Declaration. Any Owner desiring to
propose amendments or modifications to Regulations, new Rules and Regulations, or repeal
of existing Rules and Regulations must do so by written submission to the Association for
its consideration.
Declaration of Unit Ownership --Page 16
9.7. Books and Records. The Association will keep complete, accurate and correct
books of account at the office of the Manager or at such other place as the Association may
from time to time determine. The Association shall provide an annual budget for approval
at an annual meeting. The Association shall additionally provide an annual, written
treasurer=s report, summarizing all income and expenses by category and providing a
statement of cash on hand, receivables and payables. Any Unit owner may request copies
of any and all minutes, records, contracts, checks, bank statements and any other non -
confidential business or financial record of the Association.
9.8. Action by Owners. To the extent permitted by the Act, all actions required to be taken
by the Owners, shall be taken by the Association acting through its directors and officers, if
any, through a vote of a majority in interest of its members.
9.9. Personal Liability. No member or officer of the Association or any Manager shall be
personally liable to any Owner, or to any other party, including the Association, for any
damage, loss or prejudice suffered or claimed on account of any act, omission, error or
negligence of any such person or entity if such person or entity has, on the basis of such
information as may be possessed by such person, acted in good faith without willful or
intentional misconduct.
9.10. Association Immunities. The Association shall not be liable for any failure of heat,
water supply, electric current, telephone or other service supplied by the Association
hereunder, or for injury or damage to any person unless caused by or due to the gross
negligence of the Association. Furthermore, the Association shall not be liable for any
damages arising from any act or neglect of any Owner.
The Association and its agents shall not be responsible for any loss of property
within or without the Unit by theft or otherwise. If the Association furnishes to an Owner
any storage space or any other facility outside the Unit, the same shall be furnished
gratuitously by the Association and the use of the facility shall be entirely at the risk of the
Owner, and the Association shall not be liable for any loss of property therein, for any
damage or injury whatever to person or property.
Declaration of Unit Ownership --Page 17
f
ARTICLE 10
Assessments
10.1. Agreement to Pay Assessments. Each Owner of any Unit, by the acceptance of a
deed therefore, whether or not it be so expressed in the deed and with or without additional
notification from the Association, is deemed to covenant and agree to pay Association
Assessments (including the Regular Assessments, Capital Improvement Assessments and
Special Assessments) made by the Association for the purposes provided in this
Declaration. An Owner's obligation to pay Assessments commences on the date that a Unit
or Units in the Project are first owned by Owner.
10.2. Purpose of Assessments. The Assessments levied by the Association shall be used
to promote the health, safety and welfare of the Owners, the management, maintenance,
care, operation, repair, preservation, and replacement of the Project, enhancing the quality
of life of the Owners and the value of the Project including, but not limited to, the
improvement and maintenance of the services and facilities devoted to this purpose and
related to the use and enjoyment of the Common Elements, or in furtherance of any other
duty or power of the Association, including but not limited to the following:
10.2.1 Expenses or costs of insurance for general common areas, repairs and
maintenance, supplies, painting or maintaining Common Elements, legal and
accounting, landscape maintenance, and snow removal.
10.2.2 Expenses or costs paid by the Association pursuant to any operating
agreement or similar agreement covering the Common Elements regarding the
operation, management, repair and/or maintenance of areas, property and/or equipment used
in common with the Common Elements, such as but not limited to the parking lot, landscape
areas, and sidewalks.
10.2.3 Expenses and liabilities incurred by the Association under this Declaration,
10.2.4 Debt retirement, if any.
10.2.5 Creation of a reasonable contingency fund for unanticipated expenses, and
creation of a reasonable reserve fund for capital improvements, repairs and
maintenance in future years, or for other building or corporate purposes, all as
determined by the Association.
10.3. Reizular Assessments. The Association may, from time to time, by resolution:
10.3.1 Set the amount of the regular Assessment or increase or decrease the
amount previously fixed or determined, for any year.
Declaration of Unit Ownership --Page 18
10.3.2 Include in the regular Assessment for any year any liabilities or items of
expense which accrued or became payable in a previous year, or which should have
been included in the Assessments for a previous year but were not included therein,
and also any sums which the Association deems necessary to provide as a reserve
against liabilities or expenses then accrued or thereafter to accrue although not
payable in that year.
10.3.3 Each Owner shall pay the regular Assessment in the amount and in such
installments as set by the Association. Failure of the Association to fix the regular
Assessment for any given year shall not be deemed a waiver or modification in any
respect of the covenants or provisions to pay the Assessments or any installment
thereof for that or any subsequent year, provided such Assessments shall ultimately
be fixed by the Association.
10.4. Capital Improvement Assessments. In addition to regular Assessments, the
Association may levy in each fiscal year a Capital Improvement Assessment for the purpose
of defraying, in whole or in part, the cost of any construction or replacement of a described
capital improvement of the Common Elements (which capital improvement may take place
over a period of years), including the necessary fixtures and personal property related
thereto, or for any other lawful Association purpose.
10.5. Special Assessments. The Association may levy special Assessments against a Unit
and its Owner for:
10.3.4 Costs incurred in bringing an Owner and such Owner's Unit into compliance
with the provisions of this Declaration, the Bylaws, or Rules and Regulations, for
misconduct, other failure to comply, or as the result of emergency circumstances;
10.3.5 Any other charge designated as a Special Assessment in this Declaration,
Bylaws, or the Rules and Regulations; and
10.3.6 Attorneys' fees, interest and other charges relating thereto as provided in
this Declaration.
10.6. Apportionment of Regular and Capital Improvement Assessments. Regular
and Capital Improvement Assessments may be assessed by the Association to each Unit
according to that Unit's percentage ownership of the Common Elements which is
specified in article 5.1 provided, however, the Association may, based upon the nature of
the Common Expense, the actual or anticipated use or benefit provided to a Unit or
Owner, or such other considerations as it may deem appropriate, calculate and assess part
of all of an Assessment other than on a prorated basis.
Declaration of Unit Ownership --Page 19
10.7. Reduction or Abatement of Regular Assessments. In the event the amount
budgeted to meet expenses for a particular fiscal year proves to be excessive in light of the
actual expenses, the Association in its discretion may either reduce the amount of the
Regular Assessments or may abate collection of Regular Assessments as it deems
appropriate.
10.8. No Offsets. All Assessments shall be payable in the amount specified by the
Assessment and no offsets against such amount shall be permitted for any reason, including,
without limitation, a claim that the Association is not properly exercising its duties and
powers as provided in this Declaration, or a claim that an Owner does not use any portion
of the Common Elements.
10.9. Statement of Account. The Association shall, upon written demand, furnish to
any Owner or title company or mortgagee liable for Assessments a statement in recordable
form signed by an officer or authorized agent of the Association setting forth whether the
Assessments relating to a specified Unit have been paid and the amount of delinquency, if
any. A reasonable charge may be collected for the issuance of each such statement. Each
statement shall be conclusive evidence of payment or amount owing of any Assessment
therein stated to have been paid or owed. No person who subsequently purchases the Unit
or obtains a trust indenture or mortgage on the Unit will be liable for any unpaid assessments
which are not disclosed by such a certificate, and the Unit will not be subject to a lien for
any unpaid Assessments which are not disclosed by such a certificate.
10.10. Creation of Lien and Personal Obligation For Assessments. The assessments,
together with interest thereon, late charges, attorneys' fees, court costs and all other costs of
collection incurred by the Association in collecting or attempting to collect delinquent
assessments, whether or not suit is filed, shall be a continuing lien upon the Unit against
which each such Assessment is made in favor of the Association. Each such Assessment,
together with such interest, late charges, costs and attorneys' fees, shall also be the personal
obligation of the Owner of such Unit at the time the Assessment becomes due and may be
enforced by the Association in a manner permitted bylaw.
10.11. Rights of Purchaser at Foreclosure Sale. Any first mortgagee who acquires title
to a Unit by virtue of foreclosing the first mortgage or by virtue of a deed or assignment in
lieu of such a foreclosure, or any purchaser at a foreclosure sale of the first mortgage, will
take the Unit free of any claims for unpaid Association Assessments, interest, late charges,
costs, expenses and attorneys' fees against the Unit which accrue prior to the time such first
mortgagee or purchaser acquires title to the Unit, except that the Association will retain a
lien on the Unit for (a) six months of the Unit's unpaid regularly budgeted Assessments
accrued before acquisition of title to the Unit by the first mortgage or purchaser, and (b) and
fees or costs related to the collection of the unpaid Assessments.
Declaration of Unit Ownership --Page 20
ARTICLE 11
Effect of Nonpayment of Assessments and Remedies
11.1. Delinquency. Any Assessment which is not paid when due is delinquent,
Whenever an Assessment is delinquent, the Association may at its option invoke any or all
of the remedies provided for herein and any other remedy authorized by applicable law.
11.2. Late Charge. If any Assessment is not paid within ten (10) days after the date
when it becomes due and payable, with or without notice, the Owner shall be obligated to
pay a late charge in the sum of $100.00, or such other amount as may be established by the
Association. The amount of such late charge until paid shall constitute part of the
Assessment lien as provided for in this Declaration.
11.3. Interest. In addition to Late Charges, if any Assessment is not paid when it is
due and payable, interest at the rate of ten percent (10%) per annum or such other interest
rate as then may be in effect as established by the Association from time to time shall be
assessed on the amount owing from the date due until such time as it is paid.
11.4. Enforcement of Remedies. The Association shall have the right, at its option,
to enforce collection of any delinquent Assessments in any manner allowed by law. The
Association may bring an action to recover a delinquent Assessment personally against the
Owner obligated to pay same or to foreclose the Assessment lien in the manner provided by
law for foreclosure of a realty mortgage; provided, however, that the Association's choice
of one remedy shall not prejudice or constitute a waiver of the Association's right to exercise
the other. All costs of collection, whether or not a lawsuit is commenced, shall be assessed
against the delinquent Owner and such Owner's Unit and reasonable attorneys' fees, court
costs and collection costs will thereafter be added to the amount in delinquency (plus interest
and/or late charges, if appropriate).
11.5. Notice of Lien. The recording of this Declaration constitutes record notice
and perfection of the Assessment lien which is a continuing lien upon the Unit against which
the Assessment is made as provided for in the Bylaws and this Declaration. The Association
may, at its option, record a notice of such Assessment lien. The Association shall first make
written demand on the Owner for payment of all delinquent Assessments and related charges
secured by the Assessment lien. If not paid within ten (10) days of the date of the demand,
the Association may proceed with recording a notice of such Assessment lien, and may
charge the Owner of the applicable Unit a lien fee in an amount established or approved by
the Association.
11.6. Foreclosure Sale. Any foreclosure and sale provided for in this Declaration
is to be conducted in accordance with applicable statutory provisions relating to the
foreclosure of realty mortgages in the State of Montana.
Declaration of Unit Ownership --Page 21
At jll�
CITY OF Kalispell Zoning
KALISPELL Lupine Meadows
® Subject Parcel I
i
R 2 Residential
R 2 Residential w/ PUD
R 3 Residential
R 3 Residential w/PUD R-4
R 4 Residential Residential
R-3
R-3/PUD Residential
Residential With Pud 1
Foys Lake Rc
R-2/PUD
Residential
With Pud
Data Sources:
Montana Cadastral,
Flathead County GIs
City of Kalispell GIs,
Austin Bachurski - July 12, 2023
503
93
R-3
Residential
[IMPOi919I9]
3
-2
600 900
Feet
Basemap:
Esri Community Maps, ArcGIS.com
IIIIIIII:
��JIIII ,,
■ I
CITY OF
Kalispell Mailing List ®Subject Parcel
0 Mailing List Parcels
KALISPELL Lupine Meadows 0 Other Parcels
L
Data Sources:
Montana Cadastral,
Flathead County GIs
City of Kalispell GIs,
Austin Bachurski - July 12, 2023
3
oys Lake Rd—
503
N 0 187.5375 750 1125
Feet
Basemap:
Esri Community Maps, ArcGIS.com