2022 SIA/Starling Development LLC Phases 1-3I IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII I�III IIIII IIII II I III IIII IIII Page: 10of020 7
Return t0: Fees. y16o.00
Debbie Pierson, Flathead County MT by AH 12/8/2022 AS PM
Aimee Brunckhorst
Kalispell City Clerk
201 1"Avenue East
Kalispell, MT 59901
3
SUBDIVISION IMPROVEMENT AGREEMENT
`9s THIS AGREEMENT made and entered into this 5th day of December 2022 by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter
Cs referred to as the CITY, and Starling Development, LLC, a ComRany located at PO BOX 99 MOUNT
Q VERNON IA 52314, Party of the Second Part and hereinafter referred to as DEVELOPER.
r
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Starling, Phases 1-3, Located at SE '/4 NE '/4 & NE '/4 SE '/4 SEC. 35 T.29N., R.22W., P.M.M., CITY OF
KALISPELL FLATHEAD COUNTY, MT and,
WHEREAS, the City has conditioned it's approval of the final plat of Starling, Phases 1-3, upon the
conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited
in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of
those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security
of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate
prepared by a licensed public engineer included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$1,994,111.31.
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral
as determined by the City Council, in the amount of $1,994,111.31. Said Letter of Credit or other
collateral shall have an expiration date of at least sixty (60) days following the date set for
completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $1,994,111.31 the estimated cost of completing
the required improvements in Starling, Phases 1-3.
b. That if the Developer fails to complete the specified improvements within the required period,
the creditor will pay to the City immediately, and without further action, such funds as are necessary
to finance the completion of those improvements up to the limited of credit stated in the letter;
2. That said required improvements shall be fully completed by October 5th, 2023.
3. That upon completion of the required improvements, the Developer shall cause to be filed with the City
a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the City for
their construction and that the Developer warrants said improvements against any and all defects
for a period of two (2) years from the date of acceptance of the completion of those improvements
by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in conformance
with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered professional
engineer before the Developer shall be released from the Subdivision Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with the specifications,
it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to
insure such compliance. If the City determines that the Developer will not construct any or all of the
improvements in accordance with the specifications, or within the required time limits, it may
withdraw the collateral and employ such funds as may be necessary to construct the improvement or
improvements in accordance with the specifications. The unused portions of the collateral shall be returned
to the Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
Starling Development,LLC
by �Q-"
(Chad Pelley, Manager)
STATE OF MONTANA
COUNTY OF FLATHEAD
On this -1 day of OC16bleir , 207Z , before me, a Notary Public for the State
of Montana, personally appeared , known to me to be the
(no d%0A-t c of , whose name is subscribed to
the foregoing instrument and acknowledged to me at he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year
first above written.
Notary Public for the State of Montana
Printed Name "T-i C',
Residing at MT
My Commission Expires
MAYOR, CITY OF KALISPELL
MAYOR
TIA SAMMON
tip? otn �o�
NOTARY PUBLIC for the
* SEAL *
State of Montana
Residing at Kalispell, Montana
OF
My Commission Expires
June IS, 2025
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
This agreement specifically includes those improvements listed in Exhibit B, their projected construction completion
date and estimated construction costs.
SUBTOTAL $1,595,289.05
FEES $0
TOTAL COSTS $1,595,289.05
TOTAL COLLATERAL (TOTALS COSTS X 125%) $1,994,111.31
EXHIBIT B
FOLEY ENGINEERING
STARLING, PHASES 1-3
Subdivision Improvements Agreement
Cost Estimate of Items Remaining to be Completed
10/20/2022
10
Mobilization, Permitting, Bonding,Insurance
1
L5
15 255,000.0E
1 5 255,000.0E
1 11
5 255,000.0E
0
5
20
Traffic & Erosion Control
1
lS
$ 45,000.0E
$ 45,000.0E
1
$ 45,000.0E
0
$
30
Construction Staking
1
LS
$ 44,000.00
$ 44,000.0E
1 11
$ 44,000.0E
1 01
$
40
Materials Testing
1
LS
$ 75,000.00
$ 75,000.00
1
$ 75,000.0E
1 01
$
Subtotals $ 419,000.00 $ 419,000.00 $
Sitework
50
Topsoil Stripping & Stockpiling 1' Depth
16,670
CY
$ 5.75
$ 95,852.50
16,670
$ 95,852.50
0
$
60
Embankment (Cut to Fill)
3,149
CY
$ 14.00
$ 44,086.00
3,149
$ 44,086.00
0
$
65
Earthwork Fill Material (Utilize Pipe Spoils & 3374
18,796
CY
$ 5.75
$ 108,077.00
$ 108,077.00
CY Topsoil in Open Space Areas)
18,796
0
$
70
Replacement of 6" Stockpiled Topsoil & Seeding
4,464
CY
$ 8.5E
$ 37,944.00
$ 37,944.00
Boulevards & Open Space (26,783 SY)
4464
0
$
80
Removal and Haul Off of Existing Stillwater Road
3,679
SY
$ 9.75
$ 35,870.25
$ 35,870.25
Asphalt
3679
0
$
90
4" Asphalt
16,063
SY
$ 22.00
$ 353,386.00
16,063
$ 353,386.00
0
$
100
3/4" Crushed Base Course (6" Thick
3,682
CY
$ 36.5E
$ 134,393.00
$ 134,393.00
Compacted In Place)
3,682
0
$
110
3" Minus Sub -Base Gravel (9" & 15" Thick
6,972
CY
$ 30.5E
$ 212,646.0E
$ 212,646.0E
Compacted In Place)
6,972
0
$
120
4 Concrete Sidewalk (Incl. 6" Depth of Base
36,752
SF
$ 6.25
$ 229,700.0E
$ -
Gravel)
0
36752
$ 229,700.0E
130
Drive -over Curb and Gutter (base gravel incl.
5,974
LF
$ 18.25
$ 109,025.50
$ 109,025.50
it #100)
5,974
0
$
rin
4O
Standup Curb and Gutter (base gravel incl. in
1,279
LF
$ 24.00
$ 30,696.0E
$ 30,696.00
item #100)1,279
0
$
Concrete ADA Ramp
39 1
EA
$ 1,150.00
$ 44,850.00
0
$ -
39
$ 44,850.0E
12" Gate Valves
12" Caps
12" x 8" Cross
8" Water Main
8" x 8" Cross
8" Gate Valve (I
8" x 8" Tee
8" CaDs
6" Valve and Lead
r Pit. and Curb Sic
320 Connection to Ex
330 18" x 12" Tappini
340 14" x 8" Reducer
360 8" Sewer Main (Including Imported Bac
370 48" Sanitary Sewer Manhole (including
Concrete Apron)
380 4" Sewer Services (Deep Services for
Basements)
385 4" Sewer Services (Standard Depth w/c
Basements)
390 Connection to Existing Manhole
400
12" Storm Main(including Imported Bacl
410
15" Storm Main (Including Imported Bacl
420
18" Storm Main (Including Imported Bacl
430
24" Storm Main (Including Imported Bacl
440
48" Storm Manholes (Including Concrete
Apron)
450
30" Storm Catch Basins
460
Stormwater Ponds With Outlet Swales
470
Critter Guards (18"and 24")
480
Flared End Section with Rip -Rip
52.0E $ 120,952.00
890.00 S 890.00
6
EA
1 $ 3,150.001
$ 18,900.001
6
1
EA
$ 7,800.00
$ 7,900.00
0.3
2
EA
$ 2,350.00
$ 4,700.00
2
1
EA
$ 3,500.0E
$ 3,500.00
1
1
EA
$ 1,200.0E
$ 1,200.00
1
3
EA
5 3.300.0E
1 $ 9.900.00
3
17
EA
$ 4,950.00
$ 84,150.00
17
$
94,150.00
74
EA
$ 2,589.00
$ 191,586.00
74
$
191,586.00
0
EA
$ 1,450.00
$
0
$
-
2
EA
$ 1,750.00
$ 3,500.00
2
$
3,500.0E
LSD
I TN
$ 44.00
$ 6,600.0E
150
$
6,600.00
Subtotals
S 527,308.00
$
527,308.00
21
EA 1 $
5,700.0E 1
$ 119,700.0E
$
119,700.00
21
23
EA 1 $
2,1SO.001
$ 49,450.0E 1
23
1$
49,450.00
2
EA 1 $
4,400.00
$ 8,800.0E 1
2
1$
8,800.00
2
EA I $
295.0E 1
$ 590.0E
$
2
EA $
1,850.00
$ 3,700.00
$
Subtotals
S 442,260.65
S
437,970.65
460.00 Meterpitremains
460.0E
590.0E
700.0E
290.0E
Starling, Phases 1.3 Page 1 of 2
As the Engineer for the Starling Subdivision I certify that this schedule is, to the best of my
knowledge, representative of the required work remaining to satisfy preliminary plat
conditions at this date, these are sound estimates of cost, and the improvements completed
to -date have been done so in substantial conformance with the approved plans and
specifications. Improvements are to be completed by April 20, 2024.
Signed: Date: 10/20
rent Foley, P.E. /22
Foley Engineering, Inc.
105 Village Loop Suite B
Kalispell, MT 59901
%CONSTRUCTION COMPLETE 67.9%
US%BONDING AMOUNTr S 1,994,111.31
.• ..........NA
FOLEY *.
' o�-• N� 49474 '�•:
�'•Fs .. EN 10
Starling, Phases 1.3 Page 2 of 2
EXHIBIT A
RESOLUTION NO.6054
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
STARLING PHASES 1-3, DESCRIBED AS A PORTION OF ASSESSOR'S TRACTS 4A
AND 6 LOCATED IN THE EAST HALF OF SECTION 35, TOWNSHIP 29 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Kilday & Stratton, the owner of the certain real property described above, has
petitioned for approval of Phases 1-3 of the Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
September 14, 2021 on the proposal and reviewed Subdivision Report #KPP-21-06
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Phases 1-3 of Starling, subject to certain
conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of October 4,
2021, reviewed the Kalispell Planning Department Report #KPP-21-06, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-21-06 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Kilday & Stratton for approval of the Preliminary Plat
of Phases 1-3 of Starling, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
The Planned Unit Development for Starling Phases 1-8 allows the following deviations from
the Zoning Regulations:
(1) Use: Sections 27.09.010 and 27.09.030 — Phase 3 uses may include any permitted
uses allowed under B-1 zoning. Accessory dwelling units are allowed on Lots 17,
24, 25, 32, 33, and 40 in Phase 2 and future phases subject to review. ADUs would
be subject to general zoning requirements as well as a requirement that (a) any lot
with an ADU be a minimum width of 50 feet with a minimum depth of 100 feet; (b)
they meet the setbacks for principal structures; and (c) that the parking for the ADU
would be one additional parking space rather than two. The proposal would allow
the ADU to be attached or detached from the principal structure.
(2) Lot Area: Section 27.09.040(1) — The minimum lot size in the RA-1 is 6000 square
feet minimum lot size. This deviation would allow a minimum lot size of 4000
square feet for single-family lots and a minimum lot size of2350 square feet per unit
for parent lots with townhomes/sublots.
(3) Lot Width: Section 27.09.040(2) — The minimum lot width in the RA-1 zone is 50
feet. This deviation would allow a minimum width of 40 feet.
(4) Setbacks: Section 27.09.040(3) — General setbacks in the RA-1 are 15 feet in the
front, 5 feet on the side, 10 feet in the rear, 15 feet on the side corner, and 20 feet to
the garage from a street right-of-way. This deviation would allow for a side setback
of 3 feet.
(5) Permitted Lot Coverage: Section 27.09.040(5) — The maximum lot coverage in the
RA-1 zone is 45%. This deviation would allow a maximum lot coverage of 60%.
2. The Planned Unit Development for Starling Phases 1-8 allows the following deviations from
the Kalispell Subdivision Regulations:
(1) Road Sections: Section 28.3.14 — This deviation would allow three alternative road
sections: (a) 80-foot urban collector with 16-foot landscape boulevards; (b) 30-foot-
wide alleys; and (c) the 32 foot wide woonerf.
(2) House Orientation: Section 28.3.14(F)(1) — This deviation allows homes to face
Stillwater Road provided that access is provided only from the alley behind the
homes.
(3) Alley as Primary Access: Section 28.3.11(B) and (C) —This deviation allows homes
along Stillwater Road to be accessed only from an alley.
The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD/zone change becomes effective.
4. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
A development agreement shall be drafted by the Kalispell City Attorney between the City
of Kalispell and the developer outlining and formalizing the terms, conditions and provisions
of approval. The final plan as approved, together with the conditions and restrictions
imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall
be completed and signed by the city and owner prior to the issuance of a building permit.
6. Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
7. As a PUD with an associated preliminary plat application, the abandonment or expiration of
the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
8. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant fixture shall
not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to develop a design that is both visually appealing and meets
the required safety guidelines. It is intended that when the project is developed the ponds will
act as features, particularly along the roadways, rather than a private maintenance utility
facility.
9. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
10. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements of
the current city standards for design and construction. Prior to final plat, a certification shall
be submitted to the public works department stating that the drainage plan for the subdivision
has been installed as designed and approved.
11. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
12. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
13. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction. All design
work shall be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infrastructure shall include but not be limited to streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks.
14. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and in compliance with the city's
facilities update and extensions of services plans. The water and sewer main extension plans
shall be reviewed and approved by the Kalispell Public Works Department. Prior to final
plat, a certification shall be submitted to the Public Works Department stating that the water
and sewer mains have been built and tested as designed and approved.
15. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior to
final plat.
16. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction, except as otherwise provided for herein.
17. Any lot adjacent to an alley shall access the home from the alley rather than the street.
18. No individual accesses to Stillwater Road are allowed.
19. The development's frontage on Stillwater Road will shall be improved in accordance with
City Design and Construction Standards to a Minor Arterial standard including, but not
limited to, bikelpedestrian path, curb/gutter, and landscape boulevard. Improvements may
include widening the road surface if necessary to meet those standards. A dedication of an
additional ten feet of right-of-way is required to provide the required width for a minor
arterial.
20. Internal streets shall be built to local and collector design standards (the collector shall be the
extension of Timberwolf Parkway) pursuant to the Standards for Design and Construction
including, but not limited to, sidewalks, landscape boulevard, street lights, and curb/gutter,
except as modified through deviations from the standards specified herein.
21. Additional connections are required to connect to the north from Phase 5.
22. Temporary turnarounds will be required as part of the final design until such time as a
connection is made in any dead-end location with the potential to be extended in the future.
23. Alleys are also included within the plan shall be maintained as private alleys. The 30-foot
alley in Phase 2 will require a temporary turnaround until it can be extended.
24. The collector street name shall be Timberwolf Parkway rather than Dairyland Drive pursuant
to city regulations that require extensions of roads to continue the existing street name.
25. Prior to final plat, all mitigation recommended as part of the approved traffic impact study
relative to the given phase shall be completed. All improvements shall be reviewed and
approved by the Public Works Department. Per the city Standards for Design and
Construction, the development shall maintain or improve the existing level of service for the
affected roadways rather than simply maintaining an acceptable level of service. Any
improvements necessary to maintain the existing level of service will be required.
26. The traffic study also addressed the potential need for a roundabout at the intersection of
Timberwolf Parkway and Stillwater Road. Per the study, the roundabout is not required at
this time. However, further development on both sides of Stillwater likely means a
roundabout will be necessary at some point and providing for its location at the intersection
of Timberwolf Parkway with dedication of right-of-way for a future improvement is
appropriate. The proposed plat shows the right-of-way dedication. In addition, a note shall
be placed on the final plat waiving protest of an SID for the roundabout construction that
would apply to any lots within the development.
27. Any fencing along Stillwater Road shall be reviewed and approved by the city Architectural
Review Committee, which shall ensure a consistency of colors and materials to be used to
present an aesthetically pleasing design.
28. The recommendations in the Geotech report shall be followed, including providing
additional specific Geotech reports related to buildings and other site improvements for the
subject property, which are to be reviewed and accepted by the City of Kalispell prior to
construction.
29. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell, any private
infrastructure has been constructed per city standards, and a proper bond has been accepted
for unfinished work.
30. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final
plat.
31. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the
public, the right to the joint use of an easement for the construction, maintenance, repair, and
removal of their lines and other facilities, in, over, under, and across each area designated on
this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
32. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area.
33. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads, parks and
open space. Maintenance of private roads and alleys shall include both short term and long
term maintenance including, but not necessarily limited to, snow plowing, landscaping,
sidewalks, street repairs, overlays, and rebuilds of the street.
34. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
35. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan
for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision, common area, and adjoining rights -of -way. The approved
landscape plan shall be implemented or a cash -in -lieu payment for installation of the street
trees and groundcover be provided to the Kalispell Parks and Recreation Department.
36. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat of Phase 1, and the plan shall show that the parkland dedication requirement is met for
each phase.
37. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The
assessments levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
38. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the
property owner(s) default on the maintenance of the approved stormwater facilities. The
assessments levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council.
39. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
40. All utilities shall be installed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
41. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 4TH DAY OF OCTOBER. 2021.
ATTEST:
ee Brunckhorst, CMC
Ci Clerk
6N, '
O
} 0
.
r
Mark Johnson
Mayor
EXHIBIT A
RESOLUTION NO.6054
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
STARLING PHASES 1-3, DESCRIBED AS A PORTION OF ASSESSOR'S TRACTS 4A
AND 6 LOCATED IN THE EAST HALF OF SECTION 35, TOWNSHIP 29 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Kilday & Stratton, the owner of the certain real property described above, has
petitioned for approval of Phases 1-3 of the Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
September 14, 2021 on the proposal and reviewed Subdivision Report #KPP-21-06
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Phases 1-3 of Starling, subject to certain
conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of October 4,
2021, reviewed the Kalispell Planning Department Report #KPP-21-06, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-21-06 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application ofKilday & Stratton for approval ofthe Preliminary Plat
of Phases 1-3 of Starling, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
The Planned Unit Development for Starling Phases 1-8 allows the following deviations from
the Zoning Regulations:
(1) Use: Sections 27.09.010 and 27.09.030 — Phase 3 uses may include any permitted
uses allowed under B-1 zoning. Accessory dwelling units are allowed on Lots 17,
24, 25, 32, 33, and 40 in Phase 2 and future phases subject to review. ADUs would
be subject to general zoning requirements as well as a requirement that (a) any lot
with an ADU be a minimum width of 50 feet with a minimum depth of 100 feet; (b)
they meet the setbacks for principal structures; and (c) that the parking for the ADU
would be one additional parking space rather than two. The proposal would allow
the ADU to be attached or detached from the principal structure.
(2) Lot Area: Section 27.09.040(1) — The minimum lot size in the RA-1 is 6000 square
feet minimum lot size. This deviation would allow a minimum lot size of 4000
square feet for single-family lots and a minimum lot size of 2350 square feet per unit
for parent lots with townhomes/sublots.
(3) Lot Width: Section 27.09.040(2) —The minimum lot width in the RA-1 zone is 50
feet. This deviation would allow a minimum width of 40 feet.
(4) Setbacks: Section 27.09.040(3) — General setbacks in the RA-1 are 15 feet in the
front, 5 feet on the side, 10 feet in the rear, 15 feet on the side corner, and 20 feet to
the garage from a street right-of-way. This deviation would allow for a side setback
of 3 feet.
(5) Permitted Lot Coverage: Section 27.09.040(5) — The maximum lot coverage in the
RA-1 zone is 45%. This deviation would allow a maximum lot coverage of 60%.
The Planned Unit Development for Starling Phases 1-8 allows the following deviations from
the Kalispell Subdivision Regulations:
(1) Road Sections: Section 28.3.14 — This deviation would allow three alternative road
sections: (a) 80-foot urban collector with 16-foot landscape boulevards; (b) 30-foot-
wide alleys; and (c) the 32 foot wide woonerf.
(2) House Orientation: Section 28.3.14(F)(1) — This deviation allows homes to face
Stillwater Road provided that access is provided only from the alley behind the
homes.
(3) Allev as Primary Access: Section 28.3.11(B) and (C) —This deviation allows homes
along Stillwater Road to be accessed only from an alley.
3. The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD/zone change becomes effective.
4. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
A development agreement shall be drafted by the Kalispell City Attorney between the City
of Kalispell and the developer outlining and formalizing the terms, conditions and provisions
of approval. The final plan as approved, together with the conditions and restrictions
imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall
be completed and signed by the city and owner prior to the issuance of a building permit.
6. Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
7. As a PUD with an associated preliminary plat application, the abandonment or expiration of
the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
8. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant fixture shall
not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to develop a design that is both visually appealing and meets
the required safety guidelines. It is intended that when the project is developed the ponds will
act as features, particularly along the roadways, rather than a private maintenance utility
facility.
9. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
10. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements of
the current city standards for design and construction. Prior to final plat, a certification shall
be submitted to the public works department stating that the drainage plan for the subdivision
has been installed as designed and approved.
11. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
12. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
13. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction. All design
work shall be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infrastructure shall include but not be limited to streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks.
14. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and in compliance with the city's
facilities update and extensions of services plans. The water and sewer main extension plans
shall be reviewed and approved by the Kalispell Public Works Department. Prior to final
plat, a certification shall be submitted to the Public Works Department stating that the water
and sewer mains have been built and tested as designed and approved.
15. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior to
final plat.
16. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction, except as otherwise provided for herein.
17. Any lot adjacent to an alley shall access the home from the alley rather than the street.
18. No individual accesses to Stillwater Road are allowed.
19. The development's frontage on Stillwater Road will shall be improved in accordance with
City Design and Construction Standards to a Minor Arterial standard including, but not
limited to, bikelpedestrian path, curb/gutter, and landscape boulevard. Improvements may
include widening the road surface if necessary to meet those standards. A dedication of an
additional ten feet of right-of-way is required to provide the required width for a minor
arterial.
20. Internal streets shall be built to local and collector design standards (the collector shall be the
extension of Timberwolf Parkway) pursuant to the Standards for Design and Construction
including, but not limited to, sidewalks, landscape boulevard, street lights, and curb/gutter,
except as modified through deviations from the standards specified herein.
21. Additional connections are required to connect to the north from Phase 5.
22. Temporary turnarounds will be required as part of the final design until such time as a
connection is made in any dead-end location with the potential to be extended in the future.
23. Alleys are also included within the plan shall be maintained as private alleys. The 30-foot
alley in Phase 2 will require a temporary turnaround until it can be extended.
24. The collector street name shalt be Timberwolf Parkway rather than Dairyland Drive pursuant
to city regulations that require extensions of roads to continue the existing street name.
25. Prior to final plat, all mitigation recommended as part of the approved traffic impact study
relative to the given phase shall be completed. All improvements shall be reviewed and
approved by the Public Works Department. Per the city Standards for Design and
Construction, the development shall maintain or improve the existing level of service for the
affected roadways rather than simply maintaining an acceptable level of service. Any
improvements necessary to maintain the existing level of service will be required.
26. The traffic study also addressed the potential need for a roundabout at the intersection of
Timberwolf Parkway and Stillwater Road. Per the study, the roundabout is not required at
this time. However, further development on both sides of Stillwater likely means a
roundabout will be necessary at some point and providing for its location at the intersection
of Timberwolf Parkway with dedication of right-of-way for a future improvement is
appropriate. The proposed plat shows the right-of-way dedication. In addition, a note shall
be placed on the final plat waiving protest of an SID for the roundabout construction that
would apply to any lots within the development.
27. Any fencing along Stillwater Road shall be reviewed and approved by the city Architectural
Review Committee, which shall ensure a consistency of colors and materials to be used to
present an aesthetically pleasing design.
28. The recommendations in the Geotech report shall be followed, including providing
additional specific Geotech reports related to buildings and other site improvements for the
subject property, which are to be reviewed and accepted by the City of Kalispell prior to
construction.
29. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell, any private
infrastructure has been constructed per city standards, and a proper bond has been accepted
for unfinished work.
30. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final
plat.
31. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the
public, the right to the joint use of an easement for the construction, maintenance, repair, and
removal of their lines and other facilities, in, over, under, and across each area designated on
this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
32. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area.
33. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads, parks and
open space. Maintenance of private roads and alleys shall include both short term and long
term maintenance including, but not necessarily limited to, snow plowing, landscaping,
sidewalks, street repairs, overlays, and rebuilds of the street.
34. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
35. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan
for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision, common area, and adjoining rights -of -way. The approved
landscape plan shall be implemented or a cash -in -lieu payment for installation of the street
trees and groundcover be provided to the Kalispell Parks and Recreation Department.
36. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat of Phase 1, and the plan shall show that the parkland dedication requirement is met for
each phase.
37. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The
assessments levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
38. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the
property owner(s) default on the maintenance of the approved stormwater facilities. The
assessments levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council.
39. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
40. All utilities shall be installed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
41. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 4TH DAY OF OCTOBER. 2021.
ATTEST:
jAee CMC
Ci
Mark Johnson
Mayor
11tu1,.
111111110
FIRST INTERSTATE BANK — KALISPELL BRANCH
IRREVOCABLE STANDBY LETTER OF CREDIT
NUMBER 22229341407
ISSUED IN KALISPELL, MONTANA ON NOVEMBER _2_, 2022
EXPIRATION DATE: DUNE 20, 2024
APPLICANT:
Starling Development, LLC
PO Box 99
Mount Vernon, IA 52314
BENEFICIARY:
City of Kalispell, Montana
201 1st Ave. East
Kalispell, Montana 59901
We, First Interstate Bank — Kalispell Branch, of 2 Main Street, P.O. Box 7130, Kalispell
Montana, 59904-0130 ("Bank"), at the request of Starling Development, LLC ("Applicant"),
hereby issue in favor of the City of Kalispell, Montana ("Beneficiary"), this Irrevocable
Standby Letter of Credit in the amount of $1,994,111.31 USD (One Million Nine Hundred
Ninety Four Thousand, One Hundred Eleven and 31/100 US Dollars), under the following
terms:
We hereby undertake to promptly honor Beneficiary's sight draft drawn on us, indicating this
Letter of Credit No. 22229341407, for all or any part of this Credit if presented to Bank at 2
Main St. Kalispell, Montana 59904, during normal business hours, on or before the expiration
date, and accompanied by each of the following documents:
1. Beneficiary's written demand, dated and signed by an officer or authorized agent of
Beneficiary bearing the clause "We the undersigned hereby demand payment of the
sum of $_1,994,111.31 US Dollars under First Interstate Bank -Kalispell Branch
Irrevocable Standby Letter of Credit, Letter of Credit No. 22229341407, issued to
Beneficiary by First Interstate Bank -Kalispell Branch";
2. A written statement signed by the City Council of the City of Kalispell, Montana,
attesting that Starling Development, LLC, the Applicant herein, has defaulted on the
terms of the Subdivision Agreement dated October 20, 2022, as may be amended
and modified ("Agreement"), that all requisite notices have been given to Applicant
under said Agreement, and that all periods for Applicant to cure its default under
said Agreement have expired and Applicant has not done so; and
3. The original of this Letter of Credit;
Expiration Date: This Letter of Credit will expire June 20, 2024
If proper demand is made, funds shall be transmitted to Beneficiary by wire transfer, pursuant
to wire instructions provided by Beneficiary. Multiple drawings are permitted.
Notwithstanding the expiration date, this Irrevocable Standby Letter of Credit shall be
FIRST INTERSTATE BANK - KALISPELL BRANCH
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 22229341407
cancelled effective the date of receipt by Bank of the original Irrevocable Standby Letter of
Credit and the Beneficiary's dated and signed letter addressed to Bank, referencing this Letter
of Credit number and requesting the cancellation of same.
Notices concerning this Irrevocable Standby Letter of Credit may be sent to a party by courier,
certified mail, registered mail or similar communications facility, to its respective address set
forth herein. Any notice, demand, request or other communication is deemed to have been
received by the party to whom it is sent at the time of its delivery if personally delivered, or on
the business day following its receipt if mailed by registered mail, as the case may be, but if
mail is interrupted by force majeure or other cause beyond the control of the parties, then the
party sending the notice, demand, request or communication shall use any of the services that,
have not been so interrupted to deliver the notice, demand, request or other communication, in
order to ensure prompt receipt of the notice, demand request or other communication, by the
other party. Each party may notify the other of any change of address in the manner provided
above.
This Irrevocable Standby Letter of Credit, shall be governed by the International Chamber of
Commerce's International Standby Practices ("ISP 98") except to the extent that the terms
hereof are inconsistent with the provisions of the ISP 98, in which case the terms of this
Irrevocable Standby Letter of Credit shall govern.
This Irrevocable Standby Letter of Credit will be governed by federal law applicable to the
Bank and, to the extent not preempted by federal law, the laws of the State of Montana without
regard to its conflict of law provisions, and, except to the extent such laws are inconsistent
with the 2007 Revision of the Uniform Customs and Practice for Documentary Credits of the
International Chamber of Commerce, ICC Publication No. 600. This Agreement has been
accepted by the Bank in the State of Montana. The parties hereby irrevocably consent to the
exclusive jurisdiction of the courts of the State of Montana.
FIRST INTERSTATE BANK- KALISPELL
BRANCH
By 1,e
Its: ULC
(-
Date: //- Z-zo
2
FIRST INTERSTATE BANK - KALISPELL BRANCH
IRREVOCABLE STANDBY LETTER OF CREDIT NO.22229341407