FRDO Staff Report/Phases 3, 4, 5 (County)GLACIER VILLAGE GREENS SUBDIVISION
SUBDIVISION REPORT #FPP-91-12
FLATHEAD REGIONAL DEVELOPMENT OFFICE
MAY 2, 1991
Glacier Villape Greens is proposed as a 188
area of the subdivision corresponds with the
500 plus unit mobile home park. The landowner
land into individual lots. All lots will be
facilities.
APPLICANTS
Glacier Village Greens
P.O. Box 1119
Kalispell, MT 59903
(406)752-5603
Technical Assistance:
Sands Surveying
1995 Third Avenue East
Kalispell, MT 59901
Carver Engineering
1995 Third Avenue East
Kalispell, MT 59901
lot residential subdivision. The
/ area previously approved for a
is now desiring to subdivide the
served by public water and sewer
TECHNICAL BACKGROUND INFORMATION
Lnc a tjo rn ,
The proposed subdivision is Phases III, IV, and V of Glacier Villaqe Greens.
It occupies a portion of the area previously approved for a mobile home park.
It is qenerallv located on the north side of West Everqreen Drive in an area
between Whitefish Staqe Road and the Whitefish River. It is more particularly
described as being located in the SE 1/4 and the SW 1/4 of Section 32,
Township 29 North, Range 21 West, P.M.M., Flathead County, Montana.
Lot Size:
Most of the proposed lots measure at least 60 feet by 100 feet.
0
Existing Land Use:
At this time there are no improvements on the property other than for the
preparation of an associated golf course.
Proposed Land Use:
Each lot is
proposed
for a single family dwelling. The covenants
indicate that
the minimal
internal
square footage for each dwelling shall be
at least 1100
square feet.
Modular
homes are permitted. Many of the lots will
have frontage
along golf
fairways.
It is anticipated that the first nine
holes of the
proposed 18
hole golf
course will be built during the summer of
1991.
6djoining Land Use:
Phases I and II of Glacier Village Greens are located directly to the south of
this subdivision. Phase II has not yet been platted. Residential dwellings
occupy some of the lots in Glacier Village Greens Phase I.
The subject parcel is currently zoned Residential R-5. The proposed lots are
in conformance with the 5400 square foot minimum lot size requirements of that
zoning classification. This classification is primarily residential,
permitting either single family dwellings or duplexes.
Relation to Master Plan:
The mapped classification of this property according to the Kalispell City -
County Master Plan is Urban Residential. Both the zoning and proposed
subdivision are in substantial conformance with that designation.
The subdivider is proposing covenants for the subdivision. The covenants
provide, in part, architectural standards for the residential development and
establish a homeowners' association. The covenants primarily limit uses to
single family dwellings having at least 1100 square feet in floor area. The
subdivision also excludes children according to of the covenants.
Utilities:.
Northwestern Telephone Systems has adequate facilities in place to serve the
proposed subdivision. Natural gas will be provided by Montana Power. Pacific
Power will provide electrical service to the subdivision. Flathead County
Water and Sewer District #1 - Evergreen will provide public water supply to
the property. Public sewage collection is available from the North Village
Sewer District. Each of these utility services are readily available for
2
extension to the subject property. Please refer to the related correspondence
from each of these utilities.
REVIEW AND COMMENTS
Glacier Village Greens Subdivision (Phases III, IV. and V) is reviewed as a
major subdivision in accordance to Section 2.6. Flathead County Subdivision
Regulations. The scope of review follows the criteria of Section 2.8A of the
regulations. The evaluation is based on an 188 lot proposal with the
understanding that the subdivision will be completed in three phases as shown
on the face of the preliminary plat.
�
,~ ^
The subdivision is in close proximity to Kalispell
where manv of the emergencv support services are located, such as medical
facilities. Fire protection is available from the Evergreen Volunteer Fire
Department and police protection is available from the Flathead Countv
Sheriff's Department. Public health will be further served by requiring
connection of the lots to public water supplies and sewage disposal systems.
The subdivision is located on generally flat terrain. The
Whitefish River adjoins the property on the east but the subdivision is not
within the 100 year floodplain. On the west is a steep hillside but a previous
study has shown that it will have no impact on the proposed subdivision.
31The subdivision will contribute significant vehicle trips
to West Evergreen Drive. Full build out of the 188 lots will represent at
least 1,880 daily vehicle trips onto West Evergreen Drive. This will certainly
contribute additional congestion at the intersection of West Evergreen Drive
and Whitefish Stage Road. Edgerton School and other residents in the area have
expressed considerable concern in recent years over the perceived traffic
hazards along Whitefish Stage Road. This is likely to heighten those concerns.
However. the Board of Commissioners have previously approved a mobile home
park consisting of over 500 total dwelling units for this property. At that
time, the impacts to traffic were considered and the subdivision was approved.
This will not contribute any more traffic that what was anticipated by the
mobile home park.
Past land use decisions affecting this property have already committed this
area for urban scale development. Community water and sewer systems have been
extended to the property. Due to the present use of a portion of the property
for residential dwellings and the remainder for agricultural activities,
little if any, residual wildlife habitat remains. As indicated in earlier
reports, it is essential to maintain the integrity of the riparian corridor
along the Whitefish River. This is considered to be essential wildlife habitat
especially relative to the movement of wildlife between habitat "islands". The
proposed subdivision indicates a homeowners' park area along the creek and
`
this wiIl help maintain that corridor concept. Please refer to the letter from
the Montana Department of Fish, Wildlife and Park.s (5-1-91).
(-,^ Effects on the Natural Environment:
, As indicated earlier, the area within the proposed subdivision is
virtually flat. It has been subject to agricultural activities in the past. No
natural land features of particular significance will be lost. The adjoining
hillside to the west is outside the boundaries of the proposed land division
and should remain undisturbed. Some of the site in and around the proposed
subdivision is currently being modified for the purpose of accommodating a
golf course.
0" 'Soi Is. Most of the area exhibits Sp soils (Swims Silt Loam). This type of
soil poses some constraints to development relative to its ponding
characteristics, frost heave potential, and unfavorable load bearing capacity.
It is classified as prime agricultural soils.
Due to the past and present land use activities of the property,
few remnants of the natural vegetation remain. Natural land use features
however still persist along the river bank and this should be preserved to the
extent feasible.
In a previous subdivision report on Phase I of Glacier Village Greens, it was
estimated that the market value of each lot was approximately $10,900. Current
values on the lots for taxing purposes would probably be increased to $12,129
from that previous 1988 report. This would translate to approximately $162 in
taxes per lot. This does not take into consideration the increased value of
the lots that might be associated with frontage along a golf fairway. The
taxes from the residential dwellings will vary depending on what type of
residential dwelling is located on each lot. This type of subdivision will
significantly impact such public services as roads, police, and fire
protection. The covenants indicated that school -aged children will not be
permitted in the subdivision, therefore negative impacts to the school system
relative to enrollment should not occur. Given the total amount of taxes that
might be generated from this subdivision in relationship to the demands on
public services, it is doubtful that the taxes will fully offset the direct or
indirect costs of the provided public services. This is especially apparent in
relationship to the impacts to the public roads and as indicated in a letter
from the Flathead County Sheriff's Department.
X'
Effects on Local Services:
Schools: " The proposed subdivision is within the jurisdiction of the Kalispell
School System. However, the covenants indicate that school aged children will
not be allowed to reside in the subdivision. Therefore, Edgerton School along
Whitefish Stage Road and other schools within the Kalispell School System will
not be adversely affected by the proposed subdivision, in terms of enrollment.
However, the school system still has an ongoing concern with regards to the
4
inadequacy of Whitefish Stage Road to accommodate both vehicular and
pedestrian traffic. This subdivision will certainly contribute additional
vehicles onto Whitefish Stage Road which will increase conflicts with school
aged children attending Edgerton School. Refer to letter from School District
No. 5 (4-17-91). A positive aspect of this subdivision will be increased tax
revenue to the school district.
«�~ The subdivider is proposing to provide an on -site park
in the area of the Whitefish River. The park primarily follows the banks of
the Whitefish River and is very linear and narrow in places. No park site is
shown on the westerlv side of the subdivision. It is suggested that an
additional park site be provided near the westerly portion of the subdivision
in order to accommodate the needs of the residents on that side of the
subdivision. The application does not indicate how the park sites will be
improved. That portion of the plat labelled "Developer's Park" defines the
boundaries of golf course facilities. This is generally unavailable to the
residents of the subdivision for general recreational use. Picnic sites and
other recreational facilities will have to be located out of the developer's
park area and be available on an all -day basis to the local residents.
Fire Protection: The subdivision will be served by the public water supplies
of the Evergreen Water and Sewer District. Fire hydrants will be installed
along the water mains. In addition to the requirement for fire hydrants, it is
appropriate for fire protection purposes to require the following: 1) that all
roads be named and signed; 2) that all houses have house numbers visible from
the road, 3) that there is a cul-de-sac at the end of each phase suitable for
fire apparatus turn around; 4) that there be no parking signs erected at each
of the cul-de-sacs: and 5) that there be a sign board stating road directions
and house numbers at the entrance of the subdivision.
Police Protection: This subdivision may significantly increase the demand f or
police service to the area. Past comments from the Flathead County Sheriff's
Department have indicated that further development in the area will contribute
to traffic problems in the area of Whitefish Stage Road. The physical
separation of pedestrians and motor vehicles is a critical need to help
protect the safety of the school children. Sheriff Dupont has noted that his
office is suffering from a critical shortage of officers and that police
service to the subdivision will be totally inadequate. Refer to letter from
Sheriff Dupont (4-15-91).
Roads: This subdivision proposes a private internal road system. The roads
- will be paved. The application makes no reference to the provision of curb,
gutter, or sidewalks within the road right-of-way. Since this subdivision is
proposed in phases, it is essential that each road terminate with a cul-de-sac
for turn around capabilities and between phases of development temporary roads
are appropriate to provide a looped road system for emergency purposes. This
would include the extension of Ritzman and Palmer Drives upon the completion
of phase III and the extension of East Nicholas Avenue to Palmer Drive. Both
of these extensions will be necessary prior to the development of Phase IV for
emergency purposes. Construction standards should be adequate to accommodate
emergencv vehicles. Other off -site concerns have been addressed in previous
reports where it was noted that significant traffic impacts are likely in the
area of West Evergreen Drive and Whitefish Stage Road. A pedestrian trail from
the subdivision to Whitefish Stage Road has also been a condition of previous
subUivision approvals and must be built prior to the filinq of Phase II.
Please also note letters from the City of Kalispell regarding required road
standards as set forth in their agreement with the North Village Sewer
District. Evergreen Drive is not built to urban standards and the extension of
West Evergreen Drive to Grandview Drive" which may eventually be necessary to
provide alternative trip choices off of Whitefish Stage Road, would exceed
over one million dollars.
According to the latest national studies on trip generation, the average daily
trips per detached dwelling unit is approximately ten (10). Ten vehicle trips
multiplied by 254 dwelling units is 2,540 daily vehicle trips entering onto
West Evergreen Drive from this subdivision and the previous phase. The golf
course can expect to generate 6.9 trips for each acre of golf course. The six
holes of golf shown on the preliminary plat add up to approximately 30 acres
which would be another 210 daily vehicle trips. Ultimately, an 18-hole golf
course will be built on this site; again all entering and exiting via West
Evergreen Drive. Should this development, the golf course, and other
subdivisions along Whitefish Stage Road be successful and built -out` a
critical need for additional roadway and pedestrian improvements will be
evident. A 1988 Kalispell Traffic Study by Clete Daily and Associates
indentified Whitefish Stage Road as a major improvement priority with
improvement costs in 1988 dollars of well over ,$1.5 million". An engineering
study of the road has not yet been undertaken.
Wat2l—L The Evergreen Water and Sewer District has indicated that they can
accommodate the water needs of the proposed subdivision. They further note
that an easement width of ten feet will also be necessary. The Sewer District
connection agreement with the City of Kalispell indicates that the water
system must be built in accordance to City of Kalispell standards. This would
also include spacing of fire hydrants and other engineering requirements.
^3,Sewer ._ Each lot will be available for connection to the sanitary sewage
collection system of the North Village Sewer District. The preliminary
engineering report indicates that said sewer district has the capacity to
accommodate the proposed subdivision. These facilities must also be engineered
in accordance to City of Kalispell standards in accordance to the Sewer
District Connection Agreement with the city.
10Contract service for the hauling of garbage to the sanitary land
fill is available to the area of the subdivision. The county landfill has
sufficient capacity to accommodate the refuge of the subdivision.
J~ The existing medical facilities in Kalispell will be
able to accommodate the medical needs of the residents of this subdivision.
The soils of this area are primarily Swims silt loam (Sp) and Kiwanis (Kzf).
These soils are considered to be prime agricultural soils. Farming has
historically been practiced on the subject property but is now being converted
to residential homesites and a golf course. Past land use decisions involving
the approval of a golf course and subdivisions have effectively precluded this
property from future agricultural activities.
6
�
Expressed Public Opinion:
k-P.
�
Each adjoining landowner has been notified of the pending subdivision. Legal
notice of the subdivision has also appeared in the local newspaper. To date,
no one has contacted this office concerning the application. Some comment
might be expected at the public hearino which is scheduled for May 14, 1991 at
the Kalispell City -County Planning Board and Zoning Commission.
Originallv, the subject property was promoted as a retirement mobile home
park, In recent vears, the land owner has redirected previous approvals
towards actual divisions of lots instead of lease lots. Approval of this
subdivision will allow either lease lots or conveyable lots. The development
of a golf course is intended to provide the impetus for lot sales. However, it
is doubtful that there is a current demand for 188 additional residential
dwelling lots in the Kalispell area.
Comments from the City of Kalispell:
The Montana Subdivision and Platting Act requires that "the county governing
body shall submit the preliminary plat to the city or town governing body or
its designated agent for review and comment" pursuant to 76-3-601 M.C.A. The
city of Kalispell has a particular interest in this subdivision since it is
subject to a sewer district connection agreement. This agreement with the
North Village Sewer District provides in part that "the construction of water
systems, roads, walkways, and storm drainage shall also be constructed in
accordance with city standards." The North Village Sewer District disposes of
its sewage via the City of Kalispell facilities. The agreement also requires
that the district waive the right to protest annexation~ SID's, and so forth.
The city has expressed it to be in their best interest to require that the
subdivision be built to City of Kalispell standards since at some later point
in time, the subdivision will be annexed into the city limits. Attached to
this report are three letters from the City of Kalispell Parks Director,
Building Official, and Public Works. Each of these letters speak to
requirements necessary for the subdivision. Construction of the subdivision to
meet the required standards of the city will be necessary to satisfy the sewer
district connection agreement. Implementation of these standards will be
necessary before final plat approval and before the issuance of any building
permits or the provision of sewer to the subdivision.
DISCUSSION AND RECOMMENDATION
Glacier Village Greens Subdivision - Phases III, IV, and V is a 188 unit
residential subdivision. A golf course is being constructed to complement the
proposed residential subdivision. Phase I of Glacier Village Greens consisting
of 45 residential lots was approved on November 17, 1988. Phase II has not yet
been platted.
The Board of County Commissioners have granted various ".subdivision" approvals
for this property since 1980. In 1980, approval was granted for a 800 plus
unit mobile home park with an associated golf course, gymnasium, swimming
pool, tennis court, clubhpuse° and day care center. Based on this initial
approval for a mobile home park, the developer extended sewer to the area via
connection to the Kalispell Sewer System. The creation of -the North Village
Sewer District culminated in an agreement with the City of Kalispell that
provided, in part, that the property served by the Sewer District be subject
to City of Kalispell development standards. The approval for Fairway Park in
1980 was followed by other approvals for development along Whitefish Stage
Road, including master plans for development of Mission Village, and the area
in and around the new Edgerton School. All these approvals were granted and
subsequent commitment made to extend utility service to these areas.
Unfortunately, the improvement of the area road system has not kept pace with
the approvals for new land divisions.
The failure of Fairway Park as a mobile home park became evident in late 1985
and the developer decided to take a different approach from the previous
approval by choosing to subdivide lots instead of creating lease lots. In the
mean time, it appeared that the preliminary plat approval for Fairwav Park
expired but the Board of Commissioners revitalized the project on October 4,
1989 by entering into an "Agreement" with the developer to allow the long term
development of the mobile home park. The agreement clarifieo that division of
lots would require resubmittal via the subdivision review process. This is the
approach that was taken for Phase I and Phase II of Glacier Village Greens and
now represents the same approach being taken for Phases III, IV and V.
Unfortunate to this process is the current realization that any additional
development in this area of Whitefish Stage Road will severely impact regional
and local traffic patterns. However, the conceptual approval to this and other
developments in an along Whitefish Stage Road have already been granted and
the developers have proceeded with capital improvements to implement these
earlier approvals. The net effect with development of this subdivision and
other subdivisions in the area will be the expenditure of public monies to
remedy existing and newly generated traffic problems. This may include such
improvements as the extension of West Evergreen Drive across the Stillwater
River to Grandview Drive. Other improvements are also likely to include the
widening of Whitefish Stage Road and the provision of pedestrian walkways as
well as signal lights at various intersections.
The impacts of this subdivision on public services is significant. To help
anticipate and alleviate potential problems within the subdivision, itself,
the subdivision must be built to provide for the efficient and safe movement
of pedestrian and vehicular traffic as well as provide for the long term
aesthetics of the site. To this end, the streets should be built to Citv of
Kalispell standards including the provision of curb, gutter, boulevard and
sidewalks. This is a land intensive development that must anticipate the long-
term needs of the residents of the subdivision and those visiting the
subdivision for golfing purposes.
Notwithstanding the cited concerns but recognizing the past history of
development approvals for this area, the preliminary plat of Glacier Village
Greens Subdivision - Phases III, IV, and V is recommended for conditional
approval. Suggested conditions of approval are as follows:
1. That the subdivision be served by the North Village Sewer District and
Flathead County Water and Sewer District #1.
2. That the covenants provide direct reference to the North Village Sewer
District Connection Agreement with the City of Kalispell. Specific
reference shall be made to provisions 10, 11, 17, and 18 of said
3. That the subdivider comply with the provisions of the North Village
Sewer District Connection Agreement which provides, in part, that the
water systems, roads, walkways, and storm drainage be constructed in
accordance to City of Kalispell construction standards. Compliance with
this agreement must be by written verification from the City of
Kalispell. The required waivers in reference to item 18 of the sewer
agreement must also be received prior to the final plat.
4. That Phase II of Glacier Village Greens be platted prior to the platting
of Phases III, IV, or V.
5. All roads shall be completed prior to the filing of Phase IV with the
exception of Trevino Lane and Nelson Lane in the area of Phase V, which
must be completed prior to the filing of Phase V.
6. Ritzman Lane, extending from Phase III on the west to [and including]
Palmer Drive, shall be "roughed -in" but be in driveable condition for
emergency vehicles prior to the filing of Phase III. All roads in Phase
III shall terminate in temporary cul-de-sacs between adjoining phases.
7. That this and all future phases of development be subject to the
proposed covenants.
8. That 15 feet wide utility easements be designated along the rear lot
line of Lots 65-81; 85-95; 136-142; and 201-223. Ten foot wide utility
easements shall be designated within the front lots of Lots 124-128:
104-123; 129-135; 149-167; 168-179; 241-254: and 224-240.
9. That all utilities be extended to each lot and be placed underground and
in easements specified on the face of the plat.
10. That all roads be signed with steel posts and name plates.
11. That a homeowners' park with developed facilities be provided in the
area of Phase III.
12. That the net and gross acreage of each lot be shown on the face of the
plat and include a proportionate share of the private roads and
homeowners' park.
13. That all roads providing access to the club house complex be paved prior
to the opening of the golf course.
14. That a separate parking/storage area be provided for recreational
vehicles, boats, etc.
15. All utilities following the roadays shall be installed and stubbed to
each lot prior to the paving of the roads.
16. That all road rights -of -way be at least 60 feet wide.
17. A storm water run-off analysis shall be required and include provisions
for proper retention facilities.
18. That an analysis of the subdivision and golf course traffic be conducted
by a qualified professional at the expense of the developer. Said
analysis shall consider both on and off -site improvements that may be
necessary to ensure the safe and efficient movement of traffic into and
out of the development. Any improvements recommended by the Plan must be
implemented by the developer prior to final plat.
19. That all improvements (roads, utilities, sidewalks, landcaping, curbs,
gutters, signage, and drainage) must be completed prior to the filing of
each phase or be subject to a Subdivision Improvements Agreement with a
collateral agreement.
20. A landscaping plan must be prepared, approved, and implemented for the
homeowners' parks and the street boulevards.
21. That this preliminary plat approval is valid for a period of two years.
SUBDIVISION
PRELIMINARY PLAT APPLICATION FORK
This Application shall be submitted, along with all information required by the applicable
6ulxiiviaion Regulations and the Montana Subdivision 6 Platcing Aot, and the appropriate foe
tot
FLATHEAD REGIONAL DEVELOPMENT OFFICE, 723 Fifth Avenue East, Room 412
Kalispell, Montana 59901 - (406) 755-5300, kxcsnaion 279
SUBDIVISION NAME: Glacier Village Greens
OWNERS) OF RECORD[
Name Glacier Village Greens
Phone
752-5603
Melling
dity,
State
Addreaa P.O. DQ4 1119
6 zip
coda KalisDell.
HT 59901
PERSONS) AUTHORI2ED TO REPRESENT THE SUBDIVISION AND
TO WHOM ALL CORRESPONDENCE IS TO BE SENT[
Name Sands Surveying
Phone
755-6481
x4ili
Address 1995 Third Avenue East
City,
6 zip
State
code Kalispell,
MT 59901
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Oasignor/Enginuur, atc.)s
Nam- 6 Address
Name 6 Address Carver Engineerin
Name 6 Addrosa
venue East, Kalispell, MT 59901
d Avenue East. Kalispell. MT 599
LEGAL DESCRIPTION OF PROPERTYs
City/ Assessor's
county Flathead County Tract No(s)
Marnum West Evergreen Drive tole)
SW 4 section 32 Township 29 N Range 2
GENERAL DESCRIPTION OF PROPOSED SUBDIVISIONt At the bottom of the hill on West Ev
Drive, north of Glacier Village Greens Phase I
Number of Lots or Rental Spaces 188
Total Acreage in Subdivision
Total Acreage in Lots 30.E
Minimum Size of Lots or Spaces
Total Acreage in Streets or Roads �
Maximum Size of Lota or Spaces
Total Acreage in Parke, open Space an
or Common Areas 33.6 acs
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACESt
Single Family 188
Townhouse
Duplex
Mobile Home Park
Multi -family[
Recreational Vehicle Park
Aparownt
commercial
Plarused Unit Development
Induatrlal
Condominium
Other
APPLICABLE ZONING DISTRICT R 5
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS
$152,000
IMPROVEMENTS TO BE PROVIDED&
Roadat Gravel X Paved
Curb Gutter
Sidewalks
Alleys Other
Water Systems
Individual
Multiple User
Neighborhood X
Public Other
Sewer System:
Individual
Multiple User X
Neighborhood
Public Othur
Other Utilities$
X Cable TV
X Telephone X Electric
X Gas
Other
Solid Wastes
Home Pick-up
Central Storage
X Contract Hauler
Owner Haul
Mail Deliveryt
X Central
Individual
Fire Pioteotions
X Hydrants,
Tanker Recharge
Fire Districts
Drainage System: Natural drainaoe tnroucin porous solis -
PROPOSED EROSION/SEDIMENTATION CONTROLt None
ARE ANY VARIANCES REQUESTED? No . IF SO, PLEASE COMPLETE THE OTHER SIDE OF THIS FORK.
yea rho
LIST OF MATERIALS SUBMITTED WITH THIS APPLICATION.
a. 16 copies preliminary plat e, Adjacent ownpr'� lift
b, Fee check for $1000 h.
c. 16 copies of covenants, etc. g.
it. Engineer's report h.
I hereby certify under penalty of perjury and the laws of the State of Montana that the Information submitted heroin,
at all other ew.*- tted tares, documents, plans or any other loiormatlun submitteJ as part of this ipplicdtlon. to be
true, eomplate, and accurate to the beat of my knowledge. Shuuld any Information or roprasantatlon submle$cd In eun-
nection with this application be Incorrect or untrue, i understand that any approval based thereon say be resclnded,
and other appropriate actl_a)tt_aken. 1 /
Signed ,!�� _f ''/Y� C� Date C
• cant
the City oi Kalispell
Telephone (406) 752-6600
P.O. Box 1997
Zip 59903-1997
24 April 1991
David Greer; Senior Planner
Flathead Regional Development Office
723 Fifth Avenue East - Room 414
Kalispell, Montana 59901
Incorporated 1892
Re: Glacier Village Greens Subdivision,
April 24, 1991
Dear David:
Since this area will probably be annexed into the City of Kalispell
at some time in the future, it seems reasonable to develop the area
consistent with City standards.
I recommend installation of streets, curbs, boulevards and sidewalks.
I recommend that all construction comply with the uniform codes adopted
by the City of Kalispell relative to building construction. (Uniform
Building, Plumbing, Mechanical Codes, etc.).
Will individual water and sewer connection fees be collected as each lot
is improved and developed?
I recommend installation of underground utilities with utilities stubbed
in to each lot.
The floodway/floodplain should be delineated for future reference.
Traffic signs should be installed as required.
Make improvements on West Evergreen Drive to accommodate the potential
full -use traffic load.
Commercial development shall be subject to city or county site review.
If I may be of further assistance, please contact me.
Sincerely,
Cra g Kerzman
Building Official
Douglas Rauthe
Mayor
Bruce Williams
City Manager
City Council
Members:
Gary W. Nystul
Ward I
Cliff Collins
Ward II
Barbara Moses
Ward II
Fred Buck
Ward II
Jim Atkinson
Ward III
Lauren Granmo
Ward III
Pamela B. Kennedy
Ward IV
M. Duane Larson
Ward IV
T�e CilKispjl
Telephone (406) 752-6600 Incorporated 1892 Douglas Rauthe
P.O. Box 1997 Mayor
Zip 59903-1997 Bruce Williams
City Manager
DATE: April 24, 1991
TO: David Greer, FRDO City Council
Members:
FROM: Mike Baker, Director of Parks and Recreation
SUBJECT: Glacier Village Greens Gary W. Nystul
Ward I
Cliff Collins
Dave, the following are a few conditions I am concerned with regarding the Wordll
proposed subdivision Glacier Village Greens.
Barbara Moses
Parkland: Ward II
Fred Buck
The homeowners park is allocated 4.116 acres for a total development of Wardll
76 acres less 12 for roads. The 1/9 rule for park land indicates that JimAikinson
figure is a little short. The Developer Parks is actually commercial Word III
property (golf course) and needs to be included with the 30+ acres of
residential lots. loured Word III III
Phase IV and III—B utilize Whitefish River frontage for homeowners park. Pamela B. Kennedy
Ideally this is very appropriate use for this land, however, the depth WardlV
of the property is questionable in several spots. Realistically, only M. Duane Larson
1000 lineal feet out of the 2000' dedicated park area would be acceptable WardlV
for anything besides walkway access.
I question the practicality of a residential homeowners park (servicing
188 lots), located at the extreme edge of the development.
Streets:
It would be my recommendation all streets include 8' boulevard area and
5' sidewalk. If there is the remotest chance of this subdivision becoming
part of the city someday I feel we need to plan ahead for pedestrian and
residential needs. Street tree designation can be assigned to all
boulevard areas.
Scale indicates 60' right—of—way, this needs to be documented as:
30' asphalt
2' curb gutter
18' boulevard
10' sidewalk
60' TOTAL
If further information is needed, please contact me. Thank you.
Mike Baker, C.L.P.
Director of Parks and Recreation
e0yo�
Kalispell
|n 1892
Telephone --�r---- 0ovSla,kouibe
P/%Box /997 Mayor
2JpJ9903'/997 Bruce Williams
City Manager
City Council
DATE: April 23, 1991 Members:
TO: Ross Plambeck, Site Review Chairman
Gary vv.Nvyul
FROM: Public Works Review Staff Vvo/J|
RE: Glacier Village Greens Subdivision
Cliff Collins
Word If
A review of the preliminary plat, engineer's report and related Bubom wwa,
documentation for Glacier Village Greens necessitates the following vvmJ U
comments. The comments were based on the premise that this subdivision
Fred Buck
will at some time be annexed to the City of Kalispell. yVo/J ||
1. ROADWAYS - All roadways shall be constructed to City Standards: Jim Atkinson
Word III
A. Minimum ROW of 60 feet.
B. Minimum pavement width
both sides.
Lauren Gionm
of 30 feet with typical curb & gutter VVuJU|
C. Soils report & cross section to be analyzed & designed by a
professional engineer.
2. SIDEWALKS & BOULEVARDS - 5 foot wide sidewalks shall be installed
parallel to all property lines adjacent to roadways. Grassy boulevards
shall be installed between the sidewalks & curbing.
3. STORM WATER RUNOFF - A storm water runoff analysis shall be prepared
and proper retention facilities constructed. Utilizing the homeowner's
park as a storm water depository as proposed is unacceptable. Clay
soils, insufficient areas?
4. UTILITIES� - All utilities (water, sewer, storm) shall be constructed
in accordance with City Standards per sections 12 & 16 of the agreement
between the City of Kalispell and The North Village Sewer District' The
construction of all infrastructure shall he designed, inspected, and
certified by a professional engineer.
A. The Engineer's analysis of projected waste water flows and the
capacity of existing system to handle those flows is accepted.
However, copies of plans showing the location, sizes and depths of
existing sewer lines and facilities were not provided for review
as called for in Item 2,b,4) of the Sewer Treatment Section of
Part ll of the MDHES Local Government Joint Application Form.
5. FIRE PROTECTION - Referring to Item 8.3 of the water system
description in the Engineer's Report, are these fire flows projected or
measured? If projected, by what means? Report does not elaborate on
this matter.
Pamela B.Kennedy
Word IV
M. Duane Laison
Word IV
6. SJ{GNAGE - Street name & traffic regulatory signs shall be installed
by the developer at the completion of each development phase.
7. LIFT STATION - The Village County Sewer District's lift station
adjacent to the Fairway Boulevard Townhouses is still not being
monitored or maintained properly. As an example, this past Winter the
pumps did not function for a period of three weeks thereby causing a
large volume of raw septic sewage to overflow onto the City Golf Course'
Ideally, no additional hook ups should be permitted until this situation
is satisfactorily resolved.
B. ANNEXATION -
l. Since this development is within the boundaries of the Village
County Sewer District, the owner of this property must comply with
Item 18 of the extension agreement, which states:
"No owner of any parcel of land within the district shall be
allowed to hook-up to, or to contribute to the flow of the sewer
main connected to the City's Sewerage Treatment System unless and
until said owner has furnished to the City a waiver of right to
protest annexation to the City and a waiver of right to protest
the creation of Special Improvement District for the sewerage
improvements, water system, roads, walkways and sewer storm drains
and street lighting and a waiver of right to protest annexation in
accordance with this Agreement."
The required waivers, including a notice of intent to withdraw
from the appropriate fire district, must be received before the
sewer plans will be approved.
It would be wise to require a clause in the covenants that clearly
states that waivers have been filed with the City and this
property can (and will) be annexed into the City someday.
9. TRAFFIC� - Flathead County should require the developer to submit
proposed development traffic counts along with an analysis of the
impacts this development will have upon West Evergreen Drive. If future
road rating requires additional ROW, turning lanes, etc., now would be
the time to acquire them.
FZ:ss
April 26, 1991
Flathead Regional
Development Office
723 5th Avenue East Rm414
Kalispell Montana 59901
Re: Glacier Village Greens Subdivision
David M. Greer
UL
�ytF
�ti„�,TInE>`����;�� o�F►I�RTHWESTERN
TELEPHONE
SYSTEMS
290 North Main
Kalispell, Montana
59901-3997
Telephone
406-752-7700
Concerning our "ability to serve" we have adequate facilities in
place along West Evergreen Drive to serve phases 1,2, and 3 or any
combination of approximately 125 lines. Additional facilities will
be placed as requirements grow. Cable facilities inside Glacier
Village Greens will be determined by service requirements and aid
to construction payment and can be built in phases.
We will accept developer provided joint open trenching with power
and cable TV facilities. The trench must be of sufficient width
and/or depth to allow telephone cables 12" separation from both
power and cable TV and no less than 30" depth from final grade.
We prefer cable placement that allows ease access to enclosures as
along access roads would provide. Conflicting utilities would be
gas lines, sewer, and water.
A general utility easement 10' in width centerlining on placement
location with ingress and egress or a 60'- 80' general road and
utility easement centerling on all access roads is adequate.
If you have any other questions you may contact me at 752-3118.
Thank you
090
A-Z�
Wes Just
OSP Engineer
BILL COOPER
Superintendent
CATHRYN McDEVITT
Asst. Superintendent
TOAD TRUMBULL
Director of Business
GARY ROSE
Administrative Asst.
PAT LEE
Dir. of Special Services
PHONE (406) 756.5015 - 233 1ST. AVE. EAST - KALISPELL, MONTANA 59901
FLATHEAD HIGH SCHOOL
Principal, William Vogt
756-5075
April 17, 1991
KALISPELL JUNIOR HIGH
Principal, Patrick Feeley
756-5030
LINDERMAN SCHOOL
Principal, Larry Schulz
756.5024
RUSSELL SCHOOL
Principal, Michael Anderson
756-5052 David Greer
PETERSON SCHOOL F l a thead Reg i ona 1
Deve 1 opmen t Of f i ce
Principal, Steve Rasor
756-5067 723 5th Ave. East
- Room 414
HEDGES SCHOOL Kalispell, MT 59901
Principal, Gayle Vidal
756-5048
ELROD SCHOOL
Principal, Russell Winters
756-5043 Re: Proposed Glacier Village Greens Subdivision
EDGERTON SCHOOL
Principal, Rick Davis
756-5059
Dear Mr. Greer,
"4 .y 4 1
b-LwE6LSk:%., . .
Our school district is not opposed to the Glacier Village
Greens development. However, we do have the following concerns
that should be considered during the review process:
1. Edgerton school is currently full. Unless another
school is built or additional classrooms are constructed
prior to development, new students from this area would
have to be assigned to other elementary schools throughout
School District 5-
2. We have ongoing concerns with the inadequacy of Whitefish
Stage and the resulting safety issues affecting school
children, parents, and area residents. Any increase in
traffic would intensify this problem.
Thank you for the opportunity to respond to this proposal.
Sincerely,
ary7Rose
cc: Bill Cooper
Rick Davis
P.O. DRAWER 430, KALISPELL, MONTANA 59903
gjj�PLP API-Z
MONTANA POWER COMPANY
F L
P-av-1ZLOPO"ENT
David M Greer
Flathead Regional Development Office
723 5th Ave E Room 414
Kalispell MT 59901
RE: Glacier Village Greens Subdivision
Dear Mr. Greer:
Attached is a preliminary design of Montana Power Natural Gas
facilities in the above referenced subdivision. The proposed
locations are shown in yellow, existing facilities are shown in
red. All easements should be a minimum of 10 feet in width and
15 feet is preferred if more than one utility occupies the
easement.
I would appreciate receiving a copy of the final plat when it is
completed, as we have already received several requests for
natural gas service.
If you have any questions or if I can provide more information,
please do not hesitate to call.
Sincerely,
Eric Neill
District Engineer
Enclosure
EAN/rkh
TELEPHONE (406)752-8340
K�r��y�V�U�
����'������
FLATHEAD REGIONAL
DEvELuPMEmTQEFICQ
PACIFIC POWER
/1�No. Meridian 0 P.O. Box 250 * Kalispell, Montana 59903*(406) 756-3624m756-3620
April 18, 1991
David M. Greer
Flathead Regional Development Office
723 5th Ave. East - Room 414
Kalispell, Montana 59901
Re: Glacier Village Greens Subdivision
Dear Mr. Greer:
This is in response to your April 10th letter concerning
Pacific Power's "ability to serve" the above -referenced
subdivision.
Pacific currently serves phase I, and facilities were
initially installed with the ability to serve the entire project
as it progresses.
The electric facilities will be installed within the road
right-of-ways. If it's the intent to have the roads private, it
would be beneficial to have them dedicated as "road and utility
easements". This would eliminate the need to obtain a separate
easement for the utilities. If the roads are deeded to the County,
this would not be necessary.
I do not foresee any conflicts with the placements of other
utilities. Power, telephone, and television facilities can be
placed in a common trench. Although there are no problems with
crossings, gas, water & sewer must be in a separate trench than the
electric.
I want to thank you for the notification, and soliciting our
concerns through this approval process. If you have any questions,
please give me a call at 756-3633.
Sin eI
141111_1&5d�
Dan L. Olmstead
District Operations Manager
DLO/cs
CC*. Joel Rogers
RECEIVED
FLATHEAD COUNTY
WATER @ SEWER DISTRICT #1 - EVERGREEN
130 NICHOLSON DR.
K8LISPELL, MT 59901
April 22, 1991
Flathead Regional Development Office
723 Sth Ave. East Room 414
Kalispell, MT S9901
Attention: Mr. David W. Greer
Dear Mr' Greer:
FLATHEAD REGIONAL
D=°=^°rhIEmT
After having reviewed the preliminary engineer's report for
Glacier Village Greens Phases III, IV, and V` and having
discussed the report with Tom Cowan, the Evergreen Water and
Sewer District has no objection to the developer's implementation
of plans for the above referenced subdivision.
Regarding the preferred location of utility lines and any
conflicts with other utility placements, generally the engineer
will specify the exact location of these lines. Usually the
easement is a minimum of 10~ wide, which is usually adequate for
water main repair.
BC:re
Z trust this letter adequately addressed your concerns.
Sincerely,
Steve Ohaman
District Manager
1
James R. Dupont
Sheriff -Coroner
Flathead County
April 15, 1991
APR 1710
. n, r-��,,-,',•'fill
David M. Greer, Senior Planner
Flathead Regional Development Office
Kalispell, MT 59901
RE: GLACIER VILLAGE GREEN SUBDIVISION
Dear David:
After reviewing the proposed plans you furnished for Glacier Village, I
submit the following.
As you know, this office is suffering from a critical shortage of officers.
To increase the population of Evergreen to the extent of this proposal without
addressing law enforcement needs would greatly diminish the protection to citi-
zens living in all areas of the county.
I, as sheriff, can only meet the bare essential service at present. The
Glacier Village Greens project would add a substantial number of residents
to an already highly populated area. These citizens should be aware that
police service for them would be, at best, totally inadequate, unless the
Commissioners increase the Sheriff's budget to meet minimum staffing for a
county of this size.
Yours truly,
Z
ames R. Dupont, Sheriff/Coroner
JRD:aml
"Professionals in Law Enforcement"
800 South Main Street - Kalispell, Montana 59901 - 406-756-5651 - Fax 406-756-5693
DEPARTMENT OF
HEALTH AND ENVIRONMENTAL SCIENCES
RECEIVIn
STAN STEPHENS, GOVERNOR n pR 9 a LL BUIL*diNG
f,
--- STATE OF MONTANA
FAX M (406) 444-2606 KATH%,AD :r t
April 23, 1991 MVELOpht�AiJAONTANA59620
David M. Greer, Senior Planner
Flathead Regional Development office
723 Fifth Avenue East - Room 414
Kalispell, MT 59901
RE: Glacier Village Greens Subdivision
Flathead County
Dear Mr. Greer:
The preliminary plat and related information submitted pertaining
to sewage disposal, water supply, solid waste disposal and storm
drainage has been reviewed by this Department. Our comments
concerning each of these areas are as follows:
1. Sewage Disposal: Connection to the Village County Sewer
District system by means of main extensions will require
engineered plans & specifications, and a letter from the
entity controlling the District system which allows the 188
additional connections.
2. Water Supply: The extensions to the Evergreen Water
District's public system will also require engineered plans
and specifications, as well as a letter of approval for the
additional connections. The preliminary report from Carver
Engineering, Inc., indicates 2.5 persons per dwelling unit.
The Department customarily uses 3.2 persons, unless suppor-
tive data for a lesser number is provided.
3. Solid Waste Disposal: Specify sanitary landfill site.
4. Storm Drainage: A plan prepared in accordance with the
requirements of the Department's circular is necessary.
Since this is only a preliminary review, the comments are for
information only and no final decision on acceptability of any
portion of this subdivision can be made until a formal submittal
with all the related data is received by this Department.
Thank you for the opportunity to comment.
Xn"-,
Rick Duncan
Subdivision Program Manager
Water Quality Bureau
Environmental Sciences Division
AN EQUAL OPPORTUNITY EMPLOYER"
8MorLtai%a VepartnLeirg
Of
TUILV%lwli, e C8Z iir (s
Region One - Box 67
Kalispell, MT 59903
(406) 752-5501
Ref: JV218.91
May 1, 1991
David Greer
Flathead Regional Development Office
723 5th Avenue Fast, Room 414
Kalispell, MT 59901
Dear Dave:
Our staff has reviewed the proposal for the Glacier Village Greens Subdivision. We have the
following comments:
Fisheries and Water Quality
Since drainage is stated to be natural onsite seepage, a provision should be added that if drainage
patterns are altered due to impervious surfaces (paved roads, gutters) all drainage treatment will
be onsite and there will be no surface discharge to the Whitefish River.
Riparian vegetation is extremely important in maintaining bank stability, thermal shading, water
quality, and fish and wildlife habitat along the Stillwater River. The placement of a homeowners
park along the river should help that. However, there should be a requirement for a 25-foot
deep buffer strip of natural vegetation along the streambank to protect the stream. That would
not preclude the removal of hazard trees.
Sincerely,
a:hro
Regional Fisheries Manager
/ss
WATER SYSTEM:
A. GENERAL. Water to each lot in Glacier Village Green Phase
III, IV and V will be provided by an extension of the Evergreen
Water District's public water system. The water system will be
designed in accordance with Recommended Standards for Water Works
(Ten States Standards) and Plans and Specifications will be
submitted to the Evergreen Water District, The Flathead City -County
Health Department, and the Montana Department of Health and
Environmental Sciences for review.
B. WATER USE DATA.
1. Domestic. For domestic purposes, estimated water use is
based on 100 gallons per person per day with 2.5 persons per
dwelling unit or 250 gallons per day (GPD) per dwelling unit.
There will be 188 dwelling units in these Phases. The
estimated water demand for the clubhouse complex is 1,500 GPD
or the equivalent of 6 dwelling units.
Average Daily Demand:
194
EDU x 250
GPD
48,500
GPD
33.7 GPM
Maximum Daily Demand:
2
x 48,500
GPD
97,000
GPD
67.4 GPM
Peak Hourly Demand:
2
x 97,000
GPD
194,000
GPD
134.7 GPM
2. Irrigation. Water use for irrigation purposes is
estimated assuming each lot will have approximately 3,500 sq.
ft. of lawn or garden area and that water will be applied at
a rate of 1.75 inches per week. Based on these assumptions,
approximately 102,550 gallons of water would be needed each
day and, if applied over an 8-hour period each day, the water
demand would be about 214 GPM.
3. Fire Protection. The water system will be capable of
providing fire flows of 750 GPM for a period of 2 hours with
a residual water pressure in excess of 20 psi.
C. EXISTING SYSTEM CAPACITY. There are existing 8" and 10" water
mains within the Glacier Village Greens development that will be
extended to serve Phases III, IV and V. The system will be more
than sufficient to meet the water demands for domestic and
irrigation uses plus fire protection. With the addition of a new
three (3) well water source in 1986, which is located in the
extreme southeast corner of this development, the Evergreen Water
District now has a pumping capacity of approximately 3,700 GPM.
Preliminary Engineer's Report - Page 1 of 3 Pages
There is also a one million gallon reservoir that serves the
District with a booster pump station designed specifically to serve
the "bluff area". The District is also planning to add an elevated
reservoir in the not too distant future. As it presently exists,
the District's water system has sufficient capacity to meet the
needs of Phases III, IV and V.
D. OWNERSHIP. The new water mains will be installed by the
Developers and, after construction is completed, the Evergreen
Water District will own, operate and maintain the water supply
system.
SEWER SYSTEM:
A. GENERAL. An extension of the Village County Sewer District's
public sewage collection system will serve lots in Glacier Village
Greens Phases III, IV and V. The sewer main extension will be
designed in accordance with Recommended Standards for Sewage Works
(Ten States Standards) and Plans and Specifications will be
submitted to the City of Kalispell, the Flathead City -County Health
Department, and the Montana Department of Health and Environmental
Sciences for review.
B. WASTEWATER FLOW DATA. The estimated wastewater flow is based
on 250 GPD per dwelling unit with the clubhouse complex estimated
to generate 1,500 GPD or the equivalent of 6 dwelling units. There
will be a total of 194 equivalent dwelling units (EDU).
Average Daily Demand: 194 EDU x 250 GPD 48,500 GPD 33.7 GPM
Peak Hourly Flow: 4 x 48,500 GPD 194,000 GPD 134.7 GPM
C. EXISTING SYSTEM CAPACITY. The Glacier Village Greens
development is within the Village County Sewer District which has
an agreement with the City of Kalispell to discharge wastewater,
collected within the District, to the City's public wastewater
collection system. Treatment subsequently takes place at the
Kalispell Wastewater Treatment Facility. The District's main lift
station, located at Fairway Boulevard Townhouses, and its gravity
collection system, were designed to handle wastewater from
approximately 1,200 dwelling units. Currently there are only 75
equivalent dwelling units connected to and using the District's
system with another 194 dwelling units that have been approved by
the District and the MDHES to connect to the system. With the
final approval of Glacier Village Greens Phases III, IV and V,
there will be a total of 463 equivalent dwelling units that will
have been approved to connect to the Village County Sewer
District's public collection system. This would be only 39% of the
system's design capacity.
Preliminary Engineer's Report - Page 2 of 3 Pages
There is an existing lift station that serves the Glacier Village
Greens development which was designed to receive wastewater from
the entire development. Currently there have been only 66 lots
that have been approved, in the initial phases of the development,
to connect to this lift station. The station has two (2) pumps,
each capable of pumping 440 GPM to a point on the District's
gravity collection system. The estimated peak hourly flow rate
from Phases I through V, based on 250 GPD per dwelling unit, will
be about 180 GPM. This is only 41% of a single pump's capacity.
As previously mentioned, wastewater from the District is pumped to
a point on the City's collection system with subsequent treatment
taking place at the City's wastewater treatment facility. The
existing facility has a design capacity of 2.7 MGD and a current
average incoming flow of approximately 1.2 to 1.4 MGD. A new
advanced wastewater treatment plant is just beginning construction
and is expected to be on line in September, 1992. The new plant is
designed to handle average daily flows of 3.1 MGD and peak hourly
flows of 6.9 MGD.
D. OWNERSHIP. The new gravity collection mains will be installed
by the Developers and, after construction is completed, the Village
County Sewer District will own, operate and maintain the system.
STORM DRAINAGE:
A. STREETS AND ROADS. Runoff from the paved roadways within the
development will be collected in roadside ditches that will be
graded to channel runoff to various locations on the golf course
and to the Homeowner Park areas where accumulated storm water will
be retained and lost to surface infiltration. There will be no
stream or drainage crossings; however, culverts will be installed
beneath driveways and roadways to permit the unobstructed flow of
accumulated runoff.
B. LOTS. Runoff from the individual lots will flow to the
roadways, golf course or Homeowner Park areas. There may be some
minor channeling required along property lines to permit water to
drain to discharge areas. The property is quite flat and most
stormwater will be lost quickly to surface infiltration.
There will be no direct discharge to state waters. A portion of
Lots 224 - 243 will drain toward the Whitefish River; however, flow
will be very dispersed and will first flow through the Homeowners'
Park. There will be no modifications of lake beds or stream
channels associated with the storm drainage plans for the
development.
CARVE EN EERING, INC.
Tom Cowan, R.S.
TC:ly
Preliminary Engineer's Report - Page 3 of 3 Pages
MONTANA DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES/LOCAL
GOVERNMENT JOINT APPLICATION FORM
PART 1 GENERAL DESCRIPTION AND INFORMATION
1. Name, address and telephone number of landowner, and
representative, if any (e.g.: engineer, surveyor).
OWNER:E. VILLAGE GREENS
P.O.BOX .
REPRESENTATIVES: D. SURVEYING
1995 THIRD AVENUE EAST
(406)755-6481
CARVER ENGINEERINGR�{, 1995
•. THIRD 1(' EAST
i. 0 #. • ,.
PHASE2. Name of proposed development GLACIER VILLAGE GREENS SUBDIVISION
3. Location (City and/or County): ONE AND ONE HALF MILES NORTHEAST OF
KALISPELL, FLATHEAD COUNTY, SW 1/4 Sec. 32, Township 29 North, Range
21 West, P. . ,M. ,
For proposed amended plats:
Name of Subdivision N/A
Lot #(s) Block #(s)
4. Is concurrent review by the local governing body and DHES
requested? Yes No X
5. Descriptive Data:
a. Number of lots or rental spaces 188
b. Total acreage in lots 30.28 AC
C. Total acreage in streets or roads 12.205 AC
d. Total acreage in parks, open space, and/or common
facilities HOMEOWNERS PARK 4.116 AC
DEVELOPERS PARK 29.564 AC
e. TOTAL gross acreage of subdivision 76.027 AC
f. Minimum size of lots or spaces 6500 SQ FT
g. Maximum size of lots or spaces 13350 SQ FT
-1-
Indicate the proposed use(s) and number of lots or spaces in each:
188 Residential, single family
Residential, multiple family
Types of multiple family structures and numbers of each
(e.g.: duplex, 4-plex)
Planned Unit Development (No. of units
Condominium (No. of units
Mobile Home Park
Recreational Vehicle Park
Commercial or Industrial
—1— other (please describe) _Club House Complex
Provide the following information regarding the development:
a. Current land use YACANT AGRICULTURAL
b. Existing zoning or other regulations -R5
C. Depth to groundwater at the time of year when water table is nearest
to the natural ground surface within the drainfield area — N/A —
d. Depth to bedrock or other impervious material in the drainf ield area
N/A
e. A general description of the type of systems for water supply,
sewage treatment and solid waste disposal —EVERGREEN WATER
DISTRICT, VILLAGE COUNTY SEWER DISTRICT, COUNTY LANDFILLO CONTRACT
HAULER
f. An overall development plan indicating the intent for the
development of the remainder of the tract, if a tract of land is to
be subdivided in phases _SEE PRELIMINARY PLAT
9- Drafts of any covenants and restrictions to be included in deeds or
contracts for sale. -SEE ATTACHED
h. Drafts of homeowners' association bylaws and articles of incorporation
if applicable.* _SEE ATTACHED
PART II REQUIRED INFORMATION FOR APPROVAL OF SANITARY FACILITIES UNDER
SANITATION IN SUBDIVISIONS LAW
A. PHYSICAL CONDITIONS
Provide the following attachments:
1. A vicinity map showing the location of the proposal relative
to the nearest town, highway or street system. SEE PRELIMINARY
PLAT
2. Map of soil types or soils survey, and if available,
interpretation of soil suitability for the proposed land uses. SEE
ATTACHED
MC
3. Topographic map of the development with contour intervals
meeting the preliminary plat requirements of the local
subdivision regulations. —SLOPE LESS THAN 6%
4. on one or more copies of a preliminary plat* (a minor
subdivision plat if applicable), prepared in accordance with
local subdivision regulations, or a final plat, show the
location of:
a) any rock outcroppings.
b) any areas subject to flood hazard, or if available,
100 year floodplain studies. (The Floodplain
Management Section of the Water Resources Division of the
Department of Natural Resources and Conservation may be
contacted for assistance in determining flood hazard
locations.)
c) any natural water systems such as streams, rivers,
intermittent streams, lakes or marshes (also indicate the
names and sizes of each).
d) any man-made water systems such as canals,
ditches, aqueducts, reservoirs and irrigation systems (also
indicated the names, sizes and present use of each).
e) any existing or proposed utilities located within or
adjacent to the subdivision, including: electrical power,
natural gas, telephone service.
B. WATER SUPPLY
1. Where an individual water supply system is proposed for each
parcel N/A
a. Indicate the distance to the nearest public water system
ADJACENT TO SUBDIVISION
b. If wells or springs are to be used, provide evidence that
groundwater supply meets DHES standards for quantity,
quality and dependability (e.g.: well logs, chemical
analyses), Where acceptable tests cannot be conducted, a
hydrogeological report, which substantiates
adequate quantity and quality of the water supply shall be
submitted.
C. If cisterns are to be used:
1. explain why cisterns are proposed.
2. identify the source of water supply and provide evidence
that it is of sufficient quantity and quality to serve
the development.
3. explain what provisions will be made for sanitary hauling
of water.
d. Attach two copies of the plat showing the proposed location
of each spring, well or cistern and indicating the distance
to existing or proposed sewage disposal systems.
-3-
2. Where a public or multiple -family system is proposed:
SEE ENGINEER'S REPORT
a. Estimate the number of gallons per day required by the
development when fully developed (include required volume
for domestic, fire protection and irrigation use if
applicable).
b. Where an existing system is to be used:
1) identify the system and the person, firm or agency
responsible for its operation and maintenance.
Evergreen Water District
2) indicate the system's capacity to handle additional
use and its distance from the development.
SEE ENGINEERS REPORT
3) provide evidence that permission to connect has been
granted. _ SEE LETTER FROM SEWER DISTRICT —
4) provide two copies of the following attachments:
a) map or plat showing location and sizes of any
existing water supply lines and facilities
which may directly serve parcels within the
proposed development. —SEE ENGINEER'S REPORT_
C. Where a new system is to be used:
1) provide evidence that the water supply is adequate in
quantity, quality and dependability._
2) indicate who will install the system, who will bear
the costs, when it will be completed and who will own
and maintain the system.
3) provide two copies of the following as attachments:
a) a plan for operation and maintenance of the system.
b) engineering plans and apecif ications for the system.
(When applying for DHES review, plans must be in
sufficient detail to indicate sizes of lines and
facilities and the capacity of the system. Complete
plans and specifications must be submitted for final
approval by DHES).
SEWAGE TREATMENT
1. Where individual sewage treatment systems are proposed for each
parcel: —N/A_
a. Indicate the distance to the nearest public sewage disposal
system
b. Provide attachments:
1) two copies of the plat which show the proposed suitable
location on each lot for a septic tank, a subsurface
treatment system and a 100% replacement area for the
-4-
subsurface treatment system. Show the location of
neighboring wells and subsurface treatment systems and
the distances to each.
2) the results of percolation tests performed on each lot
in the area of the proposed drainfield in accordance
with DHES Bulletin 332. Each test hole shall be keyed
by a number on a map of the report.
3) a detailed soils description or map. If a soils
description is not available or if high groundwater or
impervious layers are suspected, provide soils profile
showing soil strata from test holes at least 7 feet in
depth in the drainfield area. (Note: all major
subdivisions require the 7 foot test holes).
2. For a proposed public or multiple family sewage treatment system:
a. Estimate the average number of gallons of sewage generated
per day by the development when fully developed.
b. Where an existing system is to be used:
SEE ENGINEER'S REPORT
1) identify the system and the person, firm or agency
responsible for its operation and maintenance.
2) indicate the system's capacity to handle additional
use and its distance from the development.
3) provide evidence that permission to connect has been
granted.
4) provide two copies of the following attachments:
a) a map or plat showing the location, sizes and
depth of any existing sewerlines and facilities
which will directly serve parcels within the
proposed development.
b) engineering plans and specifications for all
proposed extensions and additional lines and
facilities. (In applying for DHES review, plans
must be in sufficient detail to indicate sizes of
lines and facilities and the capacity of the
system. Complete plans and specifications must
be submitted for final approval by DHES).
D. SOLID WASTE
1. Describe the proposed method of collection and disposing of solid
waste from the development. _CONTRACT HAULER To COUNTY LANDFILL
2. If use of an existing collection system or disposal facility is
proposed, indicate the name and location of the new facility.
—FLATHEAD COUNTY LANDFILL - HWY 93 NORTH® KALISPELL_
-5-
3. If on -site disposal of solid waste is proposed: N/A
a. Indicate location and size of proposed site and provide
engineering drawings of the landfill.
b. Explain what measures are planned to prevent contamination
of surface water or groundwater supplies.
C. Indicate who will install the facility, who will bear the
cost, when it will be operational, and who will own,
operate and maintain the system.
d. Provide as an attachment, a plan which includes:
1) an analysis of soils and hydrology indicating pollution
potential.
2) seasonal high groundwater.
3) method of operation and maintenance.
E. DRAINAGE
1. Streets and roads.
a. Describe measures for disposing of storm run-off from
streets and roads within the subdivision or onto adjacent
property.
—STREETS WILL BE DESIGNED TO NOT RESTRICT NATURAL FLOWS OF
RUNOFF, NATURAL AREAS WILL BE PRESERVED AS MUCH AS PRACTICAL
TO BENEFIT FROM NATURAL ABSORPTION
b. Indicate type of road surface proposed.---PAVED—
C. Describe facilities for stream or drainage crossing
(e.g.: culverts, bridges).___N/A.
2. other problems:
SEE ENGINEER'S REPORT
a. Describe how surface run-off will be drained or channeled
from parcels. —SURFACE RUNOFF WILL BE CHANNELED TO NATURAL
AREAS OF ABSORPTION & THROUGH DESIGN _
b. Indicate if storm run-off will enter state waters and
describe any proposed treatment measures.
C. Describe any existing or proposed construction or
modification of lake beds or stream channels. Provide
information on location, extent, type, and purpose of
alteration.
PART III INFORMATION REQUIRED FOR ENVIRONMENTAL ASSESSMENT UNDER
THE SUBDIVISION AND PLATTING ACT
Information specified in this Part must be provided in addition to that
required in Parts I and II of this application form, when the local
subdivision regulations require that an environmental assessment be prepared
for a subdivision.
W-M
A. GEOLOGY
1. Locate on a copy of the preliminary plat or on a plat overlay any
known hazards affecting the development which could result in
property damage or personal injury due to:
a. Falls, slides or slumps -- soil, rock, mud, snow.
__NONE KNO
b. seismic activity. ----NONE KNOWN
Describe any proposed measures to prevent or reduce the danger of property
damage or personal injury from any of these hazards.
B. VEGETATION
1. Locate on a copy of the preliminary plat or on a plat overlay the
location of the major vegetation types such as: marsh, grassland,
shrub, forest. —SEE PLAT
2. Describe measures to be taken to protect trees and vegetative
cover (e.g.: design and location of lots, roads, and open spaces).
NO SUBSTANTIAL TREE VEGETATION IS ON THE SITE, RIPARIAN
VEGETATION EXISTS ALONG THE WHITEFISH RIVER_
C. WILDLIFE
1. What major species of fish and wildlife use the area to be
affected by the proposed subdivision? -__-NONE
2. Locate on a copy of the preliminary plat or on a plat overlay
any known important wildlife areas, such as big game winter
range, waterfowl nesting areas, habitat for rare or endangered
species, and wetlands. NONE KNOWN
3. Describe any proposed measures to protect wildlife habitat or to
minimize degradation (e.g., keeping buildings and roads away from
shorelines or setting aside marshland as undeveloped open space).
_N/A
D. HISTORICAL FEATURES
1. Describe and locate on a copy of the preliminary plat or on a
plat overlay, any known or possible historic, archaeological or
cultural sites which may be affected by the proposed subdivision.
—NONE KNOWN_
2. Describe any plans to protect such sites or properties.
__N/A - -
-7-
E. ROADS
1 Describe any required construction of new public or private access
roads or substantial improvements to existing public or private
access roads. —NONE
2. Describe the proposed closure or modification of any existing
road. —NONE
3. Explain why access was not provided by means of a road within
the subdivision, if access to any of the individual lots is
directly from arterial streets or roads. --N/A-
4. Indicate who will pay the cost of installing and maintaining
dedicated and/or private roadway. DEVELOPER/OWNER
5. Estimate how much daily traffic the development, when fully
developed, will generate on existing streets and arterials.
558 VEHICLE TRIPS/DAY
a. Discuss the capability of existing and proposed roads to
safely accommodate this increased traffic.
THE EXISTING ROADS ARE COUNTY ROADS AND ARE PAVED
b. D-escribe any increased maintenance problems and costs that
will be caused by this increase in volume.
MINI ADDITIONAL MAINTENANCE PROBLEMS SHOULD OCCUR_
6. Is year-round access by conventional automobile over legal
rights -of -way available to the subdivision and to all lots and
common facilities within the subdivision? _YES_
7. Identify the owners of any private property over which access
to the subdivision will be provided. —SEE PLAT—
F. UTILITIES
1. Indicate the utility companies involved in providing electrical
power, natural gas, or telephone service. To what extent will
these utilities be placed underground? PP & L, NW TELEPHONE, ALL
NEW UTILITIES WILL BE PLACED UNDERGROUND
2. Has the preliminary plat been submitted to affected utilities
for review? NO
3. Estimate the completion date of each utility installation.
1993
-8-
G.
H.
I.
EMERGENCY SERVICES
1. Describe the emergency services available to the residents of
the proposed subdivision, including number of personnel and
number of vehicles or type of facilities, and road distance to
facilities for:
a. Fire protection -- Is the proposed subdivision in an
urban or rural fire district? If not, will one be
formed or extended? In absence of a fire district, what
fire protection procedures are planned?
—YES, EVERGREEN VOLUNTEER FIRE DEPARTMENT _
b. Police protection. _FTATHEAD COUNTY SHERIFF'S OFFICE
C. Ambulance service.--KALISPELL AMBULANCE, ALERT
HELICOPTER _
d. Medical services. ---KALISPELL REGIONAL HOSPITAL_
2. Can the needs of the proposed subdivision for each of the above
services be met by present personnel and facilities? —YES
a. If not, what additional expense would be necessary to make
these services adequate? _N/A.
b. At whose expense would the necessary improvement be made?
SCHOOLS
1. Describe the available public educational facilities which
would serve this subdivision, and the road distance to each.
SCHOOL DISTRICT No. 5-
2. Estimate the number of school children that will be added by
the proposed subdivision. Provide a statement from the
administrator of the appropriate public school system
indicating whether the increased enrollment can be accommodated by
the present personnel and facilities and by the existing school bus
system. 25 to 50 SCHOOL AGE CHILDREN ARE EXPECTED AT FULL
DEVELOPMENT
LAND USE
1. Describe land uses on lands adjacent to the subdivision.
_THE PROPERTY ADJOINING THE SUBDIVISION ON THE NORTH AND WEST IS
MOSTLY HELD IN OWNERSHIP OF THE SUBDIVIDER. THE PRIMARY USE OF
THIS LAND IS AGRICULTURE BEING DEVELOPED INTO A GOLF COURSE. SOUTH
- RURAL TRACTS. OTHER NEARBY AND MORE INTENSIVE LAND USES INCLUDE
SUCH SUBDIVISIONS AS HILLCREST ESTATES AND MISSION VILLAGE.
2. Describe any comprehensive plan or other land use regulations
covering the area proposed for subdivision or adjacent land.
If located near an incorporated city or town, is annexation
proposed? --N/A-_
3. Where public lands are adjacent to or near the proposed
development, describe the present and anticipated uses of those
lands, e.g., grazing, logging, recreation. Describe how the
subdivision will affect access to any public lands. --N/A_
4. Describe any health or safety hazards on or near the subdivision,
such as: mining activity, high pressure gas lines, dilapidated
structures, high voltage power lines or irrigation ditches. Any
such conditions should be accurately described and their origin
and location identified.
J. PARKS AND FACILITIES
1. Describe park and recreation facilities to be provided within the
proposed subdivision and other recreational facilities which will
serve the subdivision. HOMEOWNERS PARK & DEVELOPER'S PARK
(GOLF COURSE)_
-10-
SEWER DISTRICT CONNECTION AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1982, by and between the City of Kalispell,
hereinafter referred to as City, and the North Village Sewer
District, a Rural Improvement District, hereinafter referred to
as District.
W I T N E S S E T H:
WHEREAS, the District deems it necessary to construct and
has provided for the construction of a Sanitary Sewerage
Collection System within the North Valley County Sewer District
to provide sanitary sewerage facilities for the District area
and in order to reach an outlet and discharge said sanitary
sewerage, it is necessary to connect the Sanitary Sewerage
System, hereinafter referred to as the District Sanitary
Sewerage System, to the City's Sanitary Sewerage Collection
System; and
WHEREAS, the District has by its authorized agents
negotiated with the City as to the size, place of receipt,
necessary easements, construction standards, volume of flow,
rate of payment, hook-up'fees, annexation, assessment,
boundaries and S.I.D.s; and
WHEREAS, the City is willing to permit said District to
connect with the City's Sanitary Sewerage Collection System; and
WHEREAS, it is to the mutual benefit of the City and the
District to provide for a Sanitary Sewerage Collection System
within the area of the District as described in Paragraph 13 of
this Agreement; and
WHEREAS, inasmuch as the proposed Sanitary Sewerage System
connection would be solely beneficial to the District, the
District should bear the entire expense associated with the
connection to the City's existing Sanitary Sewerage Collection
System.
NOW THEREFORE, in consideration of the mutual covenants
herein contained, the parties do hereby agree as follows:
1. The City shall accept sewerage from the District into
the City's Sanitary Sewerage Collection System at a point
located at the intersection of Main Street and Arizona
Street, and the City shall transport to its Treatment Plant
said sewerage received from the District at said point of
reception.
2. The City shall grant easements across City property for
the installation, operation and maintenance of the District
improvements and the City may connect City owned facilities
in Lawrence Park to the force main, at no charge to the
City for connecting when said facilities are constructed.
3. The sewerage received by the City shall be non -septic
and shall not be of a quality less than the sewage inflow
to the Wastewater Treatment Plant of July 1, 1981.
4. When the volume of flow from the District exceeds 0.145
million gallons per day, District shall be required to
discharge during off-peak flow hours.
5. It is understood and agreed between the parties that
off-peak flow hours shall be between 10:00 p.m. and 6:00
a.m., and volume of peak flow and off-peak flow hours shall
only be modified by written agreement between the City and
the District.
6. The District shall pay to the City for sewerage
received by the City from the District, at a rate based on
the amount of the metered flow, with metering to be
provided by the District.
7. The usage rate charge by the City to the District shall
be the same rate charged by the City to its residential
users located outside the City, based on the rate charged
for the first 20,000 gallons of bi-monthly usage.
8. It is understood that the District may charge its users
a legal hook-up fee, based solely upon the amount needed by
the District for debt retirement, maintenance and
operation, and the City shall not be entitled to any
hook-up fee prior to annexation.
9. If any portion of the District is annexed to the City,
the District shall continue to retire all outstanding
indebtedness of that portion of the District annexed and
the City shall assume the maintenance of any sewer mains,
appurtenances within the annexed area, at which time the
City's established rate for service and hook-up shall
apply. It is further agreed that upon annexation the
District shall dedicate all sewerage improvements, with
necessary easements to the City.
10. It is agreed between the parties that when property
within the City served by the Sewerage System are assessed
for improvements, modifications and/or enlargements of the
City Sewerage System, properties within the District shall
also be assessed; said assessment to be pro -rated based on
the total volume of waste water recorded at the Treatment
Plant to the volume recorded from the District.
11. The District by this agreement waives the right to
protest annexation to the City of Kalispell, on all or any
part• of the District, provided, however, that the City
shall not initiate annexation procedures under Section
7-2-4312 until development within the portion to be annexed
reaches 80% of the approved plan development of the area to
be annexed.
12. The improvements constructed by the District shall be
approved by the Montana State Department of Health and
Environmental Sciences and the City, and be constructed in
accordance with City standards.
13. The District boundary covered by this Agreement shall
be within the total area between Whitefish Stage Road and
the Stillwater River, lying south of Reserve Drive and
between Whitefish Stage Road and the Whitefish River, lying
south of Reserve Drive and north of Evergreen Drive, said
total area to be increased or decreased only by written
agreement between the District and the City.
14. The maximum capacity of any of the District discharge
shall be limited to the capacity of the existing 12"
sewerage line in First Alley East, said capacity is hereby
determined and agreed to be twelve hundred gallons per
minute at peak flow rate.
15. The City shall construct a 12" sewer line from the
intersection of Main and Arizona Streets to the 12" main
existing on January 1, 1981, on First Alley East or any
other main within the City which will allow the District
the same rate of flow with the cost.of said construction
being borne by the City. All other necessary improvements
required for the transmission of District sewerage to the
Main and Arizona Street intersection shall be borne by the
District.
16. The construction of water systems, roads, walkways,
and storm drainage shall also be constructed in accordance
with City standards.
17. The District hereby waives the right to protest
S.I.D., after annexation, for the construction of curbs,
sidewalks, sewage storm drains and street lighting, if the
majority of occupied properties so request, or it is
deemed, by the City, to be necessary for the health, safety
and/or welfare of the citizens of the annexed area. This
waiver shall attach to said lots and parcels of land in the
District and is binding upon the heirs, devisees and
assigns of the District.
18. No owner of any parcel of land within the District
shall be allowed to hook-up to, or to contribute to the
flow of the sewer main connected to the City's Sewerage
Treatment System unless and until said owner has furnished
to the City a waiver of right to protest annexation to the
City and a waiver of right to protest the creation of
Special Improvement District for the sewerage improvements,
water system, roads, walkways and sewer storm drains and
street lighting and a waiver of right to protest annexation
in accordance with this Agreement.
CITY OF KALISPELL
Attest:
NORTH VILLAGE SEWER DISTRICT
Dua a A. Bitney, Director
Velva . Bruyer, Directo
IA
M. Dean Jelli n, Direc
AMENDED
DECLARATION OF •CONDITIONS 1 RESTRICTIONS
OF
GLACIER VILLAGE GREENS
GLACIER-VILLAGEAND
GREENSHOMEOWNERS ASS• •
This amended declaration is made as of this 1st day of , 1991, by the undersigned, all of
Kalispell, Montana, being and constituting more than 75% of the Lot Owners of Glacier Village
Greens, Subdivision Phase I, and replaces the original declaration recorded as to Phase 1 under
Reception Number 8832213430 in its entirety.
WITNESSETH:
WHEREAS, Glacier Village Greens, Inc., is the developer of the tract of real property known as
Glacier Village Greens, Subdivision Phase I, a plat or map thereof which is or shall be on file and
of record in the office of the County Clerk and Recorder, Flathead County, Montana; and
WHEREAS, Developer and the undersigned Lot Owners are desirous of subjecting said real
property to the covenants, conditions and restrictions hereinafter set forth, each of which is and are
for the benefit of said property and for each owner thereof, and which shall inure to the benefit of
and pass with said property, and each and every parcel thereof, and shall apply to and bind the
successors in interest and any owner thereof;
NOW, THEREFORE, Developer and the undersigned Lot Owners hereby declare that the real
property described in Article I is and shall be held, transferred, sold and conveyed subject to the
covenants, conditions and restrictions hereinafter set forth:
DEFINITIONSAND
PROPERTY: The real property which is and shall be held, transferred, sold, and conveyed subject
to the covenants, conditions and restrictions hereinafter set forth is more particularly described as
follows:
Glacier Village Greens, Subdivision Phase I, according to the plat or map
thereof which is or shall be on file and of record in the office of the County
Clerk and Recorder, Flathead County, Montana.
DEFINITIONS:
"Association" shall mean the Glacier Village Greens Homeowners Association,
Inc., its successors and assigns.
"Lot Owner" shall mean the record owner of a fee simple title to any lot which is
a part of the properties and shall include contract purchasers.
"Property" shall mean the real property described in Article I.
"Common Area' shall mean all real property maintained by the Association for
March 29, 1991 -1-
the common use and enjoyment of others, including but not limited to parks,
conservation area, roadways, and other areas.
"Lot" shall mean any plot of land shown upon any recorded subdivision plat or
map of the property with the exception of the Common Area and Developer's
Park area.
"Developer" shall mean Glacier Village Greens, Inc., or any entity which
succeeds it as primary owner of the subdivision.
"Developer's Park" is the area intended to be used solely for the construction,
maintenance and use of a golf course and related uses (club house, parking,
driving range, etc..). No development of residential lots will be incorporated on
any part of the developer's park of this Phase or future phases of Glacier Village
Green. Ownership of the developer's park area is to be retained by the
developer, its heirs and assigns.
PURPOSE: The property is subject to the covenants, conditions and restrictions hereby declared
to insure the best use and most appropriate development and improvement of each building site
thereof; .to protect the owners of building sites and to appreciate the value of their property; to
preserve so far as is practicable the natural beauty of said property; to guard against the erection
thereon of structures built of improper or unsuitable material; to insure the highest and best
development of said property; to encourage and secure the erection of attractive homes thereon; to
adequately provide for a high quality of improvements of said property and thereby enhance the
values of improvements made by purchasers of building sites thereof.
ASSOCIATION PURPOSE. The Association's purpose is to own, maintain, insure and repair
the common areas, plus provide such other services and facilities to the Members as it may
determine. The Association shall also appoint members of the Architectural Control Committee in
accordance with the provisions of Article IV hereof.
ASSOCIATION MEMBERSHIP. The Association formed by the Declarant shall have as
members the owner of each Lot. Membership shall be appurtenant to and shall not be separated
from ownership of any Lot. Members shall participate in a manner prescribed by this Declaration
and By -Laws of the Association, and the resolutions and policies of its Board of Directors. In the
event of multiple owners of a lot, the person whose name first appears on the deed shall be the
member unless the Association is otherwise instructed in writing by all of the owners of an interest
in the lot.
DUTIES OF MEMBERS. Each member shall fully comply with any and all obligations and
liabilities created herein, including, without limitation, the payment of any and all assessments,
levies and charges made by and payable to the Association.
ASSOCIATION BY-LAWS. The Association shall adopt by-laws which shall govern the conduct
of its activities and the procedures to be followed therein.
ASSESSMENTS. The Association shall levy assessments against the lots in order to fund its
activities. Annual assessments established in accordance with a budget approved at a meeting of
the membership shall be levied by written notice mailed in the regular mail as soon after January 1
or each year as is practicable. Such assessments shall be a lien against the real estate until paid, as
March 29, 1991 -2-
well as being a personal obligation of the lot owner.
ARCHITECTURAL APPROVAL. No building, fence, wall or other structure shall be
commenced, erected or maintained upon the properties, nor shall an exterior addition, change or
alteration therein be made until the plans and specifications showing the nature, kind, color,
design, shape, size, height, materials, site location and other material attributes of the same shall
have been submitted to and approved in writing by the Architectural Committee established
pursuant to the provisions of paragraph 2 of this Article. All construction approved by the
Committee shall be completed within one year of the issuance of a building permit. If a detached
garage is to be built, it should be constructed at the same time as the residence, or, if approved
later, shall be completed within one year of the issuance of the building permit.
ARCHITECTURAL COMMITTEE. An Architectural Committee, consisting of not less than three
(3) members shall be appointed, with one member being appointed by the Association and two
members being appointed by the Developer until such time as the entire Glacier Village Greens
Project, consisting of approximately 500 homesites, shall be 75% completed. From and after such
event, the Architectural committee shall be composed of the Board of Directors of the Association
or by three (3) or more representatives appointed by the Board, who need not be members of the
Association. In the event of the death or resignation of any member of the Committee appointed by
Developer prior to the time when the Board of Directors of the Association is vested with authority,
Developer shall have the right to appoint such member's successor.
ARCHITFCTURAL GUIDELINES Actions of the Architectural Committee shall be consistent
with the following:
CONSTRUCTION STANDARDS: Custom built homes and modular homes will be encouraged.
Minimum internal square footage shall be 1100 sq. ft. Modular homes (homes manufactured off
site) may be permitted, but in no event shall a modular home be approved which is not set on a
permanent perimeter foundation of cement block or better and meeting FHA standards. An
entrance door must be visible from the street. Any garage, whether attached or detached, shall
have dimensions of not less than 21' X 21' and not more than 24' X 24'. Window air coolers are
prohibited unless approved by the Association. Roofs must be non-metallic and of an earth color.
Wood burning stoves and fireplaces will not be approved.
EXCAVATIONS: All dirt and material removed in excavating for construction will be required to
remain on the Glacier Village Greens property and deposited in designated locations.
ROOF HEIGHT AND PITCH: Pitch shall be a minimum of 3-12 and maximum of 4-12 and the
roof shall not exceed in height that of a 28' wide structure with a 4-12 pitch roof which has its
highest point at the center.
YARD SETBACKS: The housing unit will be located on the lot in accordance with the plan
approved by the Architectural Committee. Minimum setbacks shall be twenty feet at front and rear
and five feet on each side. All setbacks shall comply with any zoning requirements.
HITCHES AND TONGUES: All hitches and tongues will be removed completely from all homes
in the development. New homes should be ordered with removable tongues and hitches.
ENTRY AND DECKS: The front entry and step design must be approved by the Association
prior to installation. All decks, steps and railings must be of natural wood or other suitable
material. Railings and decks must conform to all building code requirements. All railings are to
be stained or painted a color designated by the Association.
March 29, 1991 -3-
LANDSCAPING: The full front yard setback area from the curb to the lot line must be planted in
living green landscaping. The driveway must be paved by the end of the second year. All other
landscaping material and design, can be of owner's own selection subject to advance approval by
the Association. Owners will maintain lawns, flowers or shrubs at all times. Attractively designed
and well maintained landscaping is a very important part of Glacier Village Greens, Subdivision
Phase I, Homeowners Association.
STORAGE: Outside storage cabinets or buildings are discouraged, but may be permitted upon
approval of the Architectural Committee.
ADULT OCCUPANCY ONLY: The subdivision has been designed to be a residential area for
adult residents only and no person shall occupy any residence or lot therein who is less than 17
years of age; provided, however, that this restriction shall not prevent visits by persons who are
younger than age 17 and who are relatives or friends of homeowners, if such visits are of less than
14 days duration and do not total more than 28 days in any calendar year. The word "occupy", for
purposes of this restriction, shall mean: to be present in person at any residence or lot, except for a
visit of less than two hours duration, with a frequency of more than four days in any week.
RESIDENTIAL USE ONLY. Except as otherwise provided herein, none of the lots shall be used
except for residential purposes. No lot shall have more than one living unit thereon. No lot may
be sold, rented or leased on a "time share" or equivalent basis. No Lot shall ever be used or
caused, allowed or authorized in any way, directly or indirectly, to be used for any business,
commercial, manufacturing, industrial, mercantile, storing, vending, or other such purposes,
provided, however, that Developer may use one or more Lots for a model site or sites, and a
display and sales office during the construction and sales period.
SIGNS. No signs, billboards or advertising devices of any nature except as may be authorized by
the Architectural Committee shall be erected or maintained on any part of the properties; provided,
however, the foregoing shall not apply to the business activities or advertising of Developer while
any lots remain unsold, nor shall it apply to a'For Sale' sign having a surface area of less than two
square feet erected by a Lot Owner. The Association may erect signs or notices for identification
purposes in accordance with applicable statute and municipal laws or codes.
NOXIOUS OR OFFENSIVE ACTIVITIES. No noxious or offensive activity shall be carried on
upon any Lot, nor shall anything be done thereon which may be, or may become, an annoyance or
nuisance to the neighborhood, or which shall in any way interfere with the quiet enjoyment of each
of the owners, of his respective living unit or which shall in any way increase the rate of insurance.
RESTRICTED RESIDENCES. No structure of a temporary character, trailer, basement, tent,
shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either
temporarily or permanently.
RECREATIONAL VEHICLES AND EQUIPMENT. No recreational vehicle, trailer, camper, boat
or similar equipment shall be permitted to remain upon any lot or within the properties. A separate
parking area is provided for such property. Golf carts shall be stored only at a place designated for
such purpose from time to time. Golf carts or other powered carts shall not be operated upon
walkways intended only for pedestrian walkways.
DRILLING AND MINING. No oil drilling, oil development operations, oil refining, quarrying or
mining operations of any kind, shall be permitted upon or in any Lot, nor shall oil wells, tanks,
tunnels or mineral excavation or shafts be permitted upon the surface of the properties. No derrick
March 29, 1991 -4-
or other structure designed for use in boring for water, oil, or natural gas shall be erected,
maintained or permitted upon the properties.
BIOME MAINTENANCE. The exterior of the home and the yard must be kept clean and in good,
safe, neat appearing condition. All electrical, water, sewer, and gas connections must be kept in a
good, safe and leakproof condition at all times, and in compliance with all state and municipal
laws. Report any park facility out of order to the Association. Any proposed additions to the
home or yard (screen rooms, greenhouses, planters, pools, hot tubs, cabanas, porches, lattices,
arbors, trellises or gazebos) must be submitted to the Association for approval, and once
approved, submitted to the proper building department for permit. If a Lot Owner fails to provide
proper maintenance, the Association may, upon 30 days advance written notice, have the work
performed and recover the cost thereof from the Lot Owner.
NEATNESS. No towels, wearing apparel, or laundry of any description may be hung outside the
home at any time. Unsightly vehicles shall not be permitted to park on the open parking space.
No repairing or any servicing whatsoever of cars will be permitted in driveways, garage, open
parking space or streets. Any car dripping gasoline or oil must be fixed in three days to avoid
damage to the paving. No permanent parking of travel trailers, detached campers, boats, motor
homes, or pickups with camper tops exceeding the height and width of the pickup is allowed in
driveways or open parking space.
Storage in yard areas is not allowed. No appliances are allowed outside the home. Patio
furniture and barbecue equipment are the only items permitted outside the home except such other
items as may be authorized by the Association. No antennas, towers, poles or any structure to be
used for the purpose of receiving radio, television or related signals shall be installed, affixed,
mounted, or constructed on any lot so as to be visible to the public view except as authorized by
the Architectural Committee. House numbers shall be placed on each unit and be readable from
the road.
PETS: Pets may not exceed two in number and are to be accepted at the sole discretion and
judgment of the Association and must be leashed at all times. No acquisition or replacement of
pets will be allowed without prior written approval of the Association. All pets must be registered
with the Association and the Pet Agreement executed. Pets must be kept on the owner's space and
never allowed on the streets, in the utility buildings, recreation hall or grounds. Pets shall not be
walked in any part of any park or recreation area, except in designated areas. Cat, bird or dog
litter shall not be disposed of in the sewage system. Noisy or unruly pets or those that cause
complaints will not be allowed to remain. Please inform visitors not to bring pets.
VEHICLES: Speed limit for all vehicles is fifteen (15) miles per hour. No parking on streets or
vacant lots. No motorcycles will be allowed in the development by either guests or owners unless
specifically approved by the Association. Parking is also specifically prohibited in cut -de -sacs.
GARBAGE: Only containers as approved by the Association may be used for trash and garbage.
Owners must place the containers on curb for designated pickup service. All containers must be
stored inside garage.
FENCES: No fences shall be constructed except with prior approval of the Association. Prior to
construction and digging of any post holes, the exact location of fencing must be physically
inspected and approved by the Association to avoid damaging underground utilities. All fencing
must be stained the color designated by the Association.
CONCRETE IMPROVEMENTS: Any permanent concrete improvements installed by the
owner may be subject to removal at owners expense for maintenance and repair of underground
utilities.
March 29, 1991 -5-
DRAINAGE AND LOT IMPROVEMENTS: The owner shall grade his lot and landscaping in a
manner to divert surface waters away from his home and his neighbor's home to the side yards for
runoff to the street. Water must not be permitted to drain under anyone's home.
SHRUBS AND TREES: Any shrubs and trees planted by owners must be approved by the
Association and will remain if lot is sold.
1. Lot owners are advised that agricultural activities are conducted in the immediate
vicinity which may produce odors, noise, dust, and involve the utilization of herbicides and
pesticides, which can have an effect on this property. Adjacent farms will not be liable for odors,
noise, herbicide and pesticide sprays that are necessary in good agricultural operations, providing
such sprays are applied in compliance with approved standards by licensed applicators. Adjacent
farms will not be liable for adverse ground water conditions caused by agricultural practices,
including normal irrigation.
2. Any authorized representative of any governmental agency shall have the right at any
reasonable time to inspect the grounds and gardens of any lots for disease -harboring plants,
shrubs or trees, and if found to require disposal of same by the owner.
3. Each Lot Owner shall control or eliminate to the extent reasonably possible any noxious
weeds as designated by state and federal law that may be growing upon their property.
ARTICLE VII - GENERAL
QOMPLIANCE WITH YAWS: The Lot Owner shall, at the Lot Owner's sole cost and expense,
comply with all present and future laws, rules, requirements, orders, directions, ordinances, and
regulations of the United States of America, or of any state, governmental or lawful authority
whatsoever, whether such requirements may relate to: a) structural or other alterations, changes,
additions, or improvements relating to the premises or any buildings or improvements thereon; b)
repairs, inside or outside, extraordinary or ordinary, relating to the premises or any buildings or
improvements thereon; c) the manner in which the premises and any buildings or improvements
thereon may be used or occupied; d) any other matter affecting the premises, whether like or unlike
the foregoing.
TERM:The covenants and restrictions of this Declaration shall nun with and bind the property for a
term of twenty (20) years from the date this Declaration is recorded, after which time they shall be
automatically extended for a successive period of ten (10) years, unless the owners of 75% of the
lots record an instrument in writing declaring a termination or modification thereof. This
Declaration may be amended at anytime by an instrument signed by the owners of not less than
seventy-five percent (75%) of the lots and approved by the Board of Commissioners, Flathead
County, Montana.
ENFORCEMENT: The Association, the Architectural Control Committee, or any owner shall
have the right to enforce by any proceeding at law or in equity, all covenants, conditions and
restrictions now or hereafter imposed by the provisions of this Declaration. Failure by the
Association, Architectural Control Committee or by any owner to enforce any covenant or
restriction herein contained shall in no event be a waiver of the right to do so thereafter. Attorney
fees and costs shall be awarded to the prevailing party in any action to enforce these covenants.
SEVERABILITY: Invalidation of any one of these covenants or restrictions by judgment or court
order shall in no way affect any of the remaining provisions, which shall remain in full force and
effect.
March 29, 1991 -6-
ANNEXATION: As additional Phases of Glacier Village Greens are platted, such platted property
may be made subject to this Declaration. Property not part of Glacier Village Greens subdivision
may be added upon approval of the owners of fifty percent (50%) of the lots then subject to this
Declaration.
COUNTERPART SIGNATURES; It is contemplated that the persons signatory hereto will
execute counterparts of this document which may be assembled into a single set of signatures.
IN WITNESS WHEREOF, the parties to this Declaration have hereunto executed this Amended
Declaration as of the day and year first above written.
President
ryr�z1
Secretary
STATE OF MONTANA )
ss:
County of Flathead )
On this day of , 19 before me, the undersigned, a Notary Public for
the State aforesaid, personally appeared known to me to be the
persons whose names are subscribed to the foregoing instrument, and acknowledged to me that
they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day
and year in this certificate last above written.
Notary Public for the State of Montana
Residing at Kalispell, Montana
My Commission expires
March 29, 1991 -7-