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Tab 23. Valley Ranch PUD Application
)evelopment {, ents and Graphics Owners: Gateway Properties Inc. Consultants: Land Planning & Landscape Architecture: Sitescape Associates Civil Engineering: Carver Engineering Surveyor: Sam Cordi, Surveyor Geo-Technical: CMG Engineering Inc. 11- PUD Application 2- Legal Description 3- Property Boundary and Topography 4- Surrounding Development Map 5- Composite Site Analysis Map 6- Soils Classification Map 7- Existing Growth Policy and Zoning Maps 8- Master PUD Plan 9- PUD Phasing Plan 10- Schematic Landscape Plan 11 - Single -Family Lots Exhibit 12- Townhome Exhibit 13- Assisted and Independent Living Area Exhibit 14- Condo or Apartment Area Exhibit 15- Preliminary Civil Engineering C1 16- Preliminary Civil Engineering C2 17- Design Standards Document 18- Covenants, Conditions and Restrictions Document Under Separate Cover A- Traffic Impact Study B- Preliminary Geo-technical Investigation C- Certified Adjacent Landowners List lm= The following pages include the PUD application and both supportive graphic and textual material for the proposed Valley Ranch Planned Unit Development. NEITRIWO City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) PROJECT NAME Valley Ranch Planned Unit Development 1. NAME OF APPLICANT: Gateway Properties Inc. (attn.: Brent Card) 2. MAIL ADDRESS: P.O. Box 8776 3. CITY/STATE/ZIP: Kalispell, MT 59904 PHONE: Brent Card 249-7317 NAME AND ADDRESS OF OWNER IF DIFFERENT THAN APPLICANT: 4. NAME: 5. MAIL ADDRESS: 6. CITY/STATE/ZIP: PHONE: 7. TECHNICAL ASSISTANCE: Am MAIL ADDRESS: CITY/ STATE/ZIP: PHONE: If there are others who should be notified during the review process, please list those. Sitescape Associates, Attn: Bruce Lutz, 892-3492, Box 1417, Columbia Falls Check One: X Initial PUD proposal Amendment to an existing PUD A. Property Address: B. Total Area of Property: 80.68 Acres C. Legal description including section, township & range: Tract 2, Tract 3, Tract 2J and Tract 2BC, Section 19, T29N, R21W, Flathead County, Montana. D. The present zoning of the above property is: Kalispell R-2 E. Please provide the following information in a narrative format with supporting drawings or other format as needed: a. An overall description of the goals and objectives for the development of the project. The proposed Valley Ranch development is situated on 80.68 acres of land south of the existing Ponderosa residential subdivision, east of the Big Mountain Golf Club, north of Sucky Wolford's proposed Glacier Town Center, and northeast of the Montana National Guard facilities. The proposed Planned Unit Development calls for 85 residential lots, 33 townhouse lots and a future assisted and independent living facility with up to 104 units and an apartment -condo area that can accommodate 160 units. The perimeter of the development adjacent to the Ponderosa development is proposed with lots that average 1/3 acre in size and larger. This complies with a request by the Ponderosa Homeowner's Board of Directors. Lots on the internal areas of Valley Ranch range from 8,146 square feet to 38,233 square feet some of which are alley access/loaded. The 33 townhouse lots range in size from 3392 to 7421 square feet. The proposed 21.22 acre open space area will be governed by the homeowner's association with portions of the large open space/park areas offered to the City of Kalispell for public park space. The area comprises 26% of the gross area and 32% of the net area of the PUD. b. In cases where the development will be executed in increments, a schedule showing the time within phase will be completed. A phasing plan is attached with the PUD Plan and relies initially on a connection with Rose Crossing via a route south through Glacier Town Center. Phase One will include single-family Lots 28-45, townhouse Lots 1-8, The Assisted Living Project and the Apartment -Condo Project. See attached Phasing Plan. C. The extent to which the plan departs from zoning and subdivision regulations including but not limited to density, setbacks and use, and the reasons why such departures are or are not deemed to be in the public interest; Departures from Kalispell R-2 standards facilitated by the PUD overlay are as follows: Density (gross per acre) = 3.44 without the Assisted Living Project and 4.73 du/acre with the Assisted Living Project Townhouses, attached (2 or ore) =CUP Minimum Lot Area = 9600 SF Proposed = permitted w/ PUD Proposed = 8,146 SF Minimum Lot Width = 70 LF Proposed = No Change(S-F Lots), 32 S�5`sLX4 k�, LF(TH Lots) µnv Minimum Yard (Setbacks): Front = 20 Ft Side = 10 Ft Rear = 10 Ft Proposed = No Change Proposed = No Change Proposed = No Change (see plan) to Gtr than 10 Ft c� Side Corner = 20 Ft ` �� Proposed = No Change Maximum Building Height = 35 Ft Proposed = No Change �R ti ,�� Permitted Lot Coverage = 35% Proposed = No Change /- `' ;-"K Assisted/Independent Living Units Proposed Future PUD Amendment The above departures from Kalispell R-2 zoning and subdivision standards adh very closely to the land use goals set forth on the Kalispell Growth Policy Map 21 and text that calls for suburban residential development in this area at a density to four units per acre. d. The nature and extent of the common open space in the project and the provisi for maintenance and conservation of the common open space; and the adequac the amount and function of the open space in terms of the land use, densities dwelling types proposed in the plan; Valley Ranch proposes to allocate 21.22 acres of the total area of the project open space in the form of neighborhood parks, perimeter buffers and accent al at project gateways. The smaller scale open space dedications will be part of Valley Ranch Homeowner's Association open space while the larger in -holdings either be offered for public parks or be maintained as private parks. One of larger internal parks is located adjacent to the west side of Ponderosa Subdivisr thus making for a generous sized open space transition between two residen developments. The park area south of Ponderosa Subdivision is a special site v mature trees and interesting topography. Valley Ranch creates a 100 foot v linear park north of Lots 48-56 which will make a great site for passive recreal and excellent views of the valley floor and beyond. e. The manner in which services will be provided such as water, sewer, storm w management, schools, roads, traffic management, pedestrian access, recreatii facilities and other applicable services and utilities. Please see the attached preliminary water, sewer and storm drainage plan prepE by Carver Engineering. Water supply, sewage collection, storm water collection/disposal, roadways, sidewalks will be designed and constructed to City of Kalispell Public W( standards These facilities are to installed by the Developer at his expense, gran to the City of Kalispell after completion of construction, and owned, operated maintained by the City permanently. The internal water distribution system will be a network of 8-inch diameter w mains. This distribution network will connect to and receive its supply from existing 14-inch diameter PVC water transmission pipeline that was constru, along the east side of the US Highway 93 right-of-way to serve the Silverbi development further north of this project. Fire hydrants will be installed at st intersections and, between intersections, at intervals as required by Kalispell Department. Provisions will be included in the water pipe layout to allow fu main extensions southward from Valley Ranch into the proposed Glacier T Center and eastward into the presently undeveloped ground east of Valley Ranch. Individual water services will be provided of reach lot. Sewage collection will be provided by 8-inch diameter and larger gravity sewer collection mains. As many of these sewer mains as possible will be designed to gravity flow to the existing 18-inch diameter PVC sewer main located along the east edge of the Highway 93 right-of-way and was installed for the Silverbrook Development. Two sewage pump stations are required to serve those areas that cannot reach the Silverbrook main by gravity. One of these sewage pump stations is located in the southern part of the subdivision near Lots 14 & 15 and the other pump station is situated at the intersection of Plentywood Loop and Round -Up Road near townhouse Lots 14 & 15. Neither pump station is located within park land but rather both are on open space land. Manholes will be provided at intersections, changes in alignment and grade, and at intervals of no more than 400 feet along straight runs. The City of Kalispell is presently formulating plans that will define how sewage from the north side of Kalispell will be conveyed to the wastewater treatment plant. The general concept is that a new separate piping system commonly referred to as the Stillwater Road interceptor is necessary to handle wastewater flows from new developments on the north side of town. This interceptor is not yet designed nor built, but development pressure in the area continues to increase, so it is anticipated that sometime soon the City will begin tackling this problem. The scope of the conveyance system necessary for the entire north side of Kalispell is too huge for any one developer to undertake. The City of Kalispell is the best position to make the necessary improvements happen and must focus some energy on the process sometime soon if the piping is to be in place when needed to meet the time frames of the various projects already approved and those contemplated in the near future. Roadways will be designed and constructed to City of Kalispell standards, including paved roadways and alleys, concrete curb and gutter, landscaped boulevards. street trees, concrete sidewalks, and underground dry utilities (electric, telephone and cable TV) installed behind the sidewalk along the front of the lots. Lots will be graded to drain to the roadways and alleys, where runoff will be collected by a combination of curbs and gutters, catch basins and piping. The site will be graded to drain runoff to designed low points, where the storm water runoff will be collected and conveyed to storm water ponds. Rather than collect, convey and concentrate all the runoff from the entire site at a single point, storm water treatment will be decentralized. A number of treatment and disposal sites will be provided in open spaces scattered throughout the site. Each system will serve only a part of project area. Storm water will be treated to remove sediments, oils and grease in conformance with the regulations recently adopted by the City of Kalispell. Retention ponds will hold storm water and allow it to slowly percolate into the ground. Pond volumes will be set to contain a 100 year storm event. There are no drainage outlets available to which the overflow of larger volumes can be routed, so the pond system must be established very conservatively to insure that home sites, roadways and other properties are not inundated by storm water from extreme events. 2 Also, please see the attached newly revised Traffic Impact Study prepared by N Group. The site is near new shopping centers as well as a regional athletic com (KYAC), the new Glacier High School, Flathead Valley Community College an across the highway from an existing golf course. It is also just south of an exis residential development by the name of Ponderosa that was conceived during late 19701s. It is important to note that the two ingress/egress points on Highway 93 i Valley Ranch are proposed as right turn in, right turn and left turn in. Valley RE relies on connectivity with Glacier Town Center in order to achieve a roadway with a through road that connects Rose Crossing with Highway 93. It is assumed that there will be a traffic signal at the Rose Crossing and Highwa Intersection that will facilitate a left hand turn towards Kalispell. f. The relationship, beneficial or adverse, of the planned development project i the neighborhood in which it is proposed to be established The area proposed for the Valley Ranch project has been transitioning from 1 and semi -rural suburban development to suburban -urban residential for the several years. The Kalispell Growth Policy shows the subject property located fil in the suburban residential growth zone around the City's fringe. Old and developments such as Ponderosa and the newly proposed Glacier Town Centel examples of this trend. The development of the Silverbrook PUD in the vicinii the proposed Church Drive Interchange will facilitate the extension of Kalisz water and sewer infrastructure past and adjacent to Valley Ranch's west perim1 Valley Ranch will provide a good land use transition from the more aggre: Glacier Town Center Project to the existing Ponderosa Subdivision. g. How the plan provides reasonable consideration to the character of neighborhood and the peculiar suitability of the property for the proposed use. The proposed plan conforms to the stipulations set forth in the current Kali Growth Policy calling for suburban residential development not exceeding dwelling units per gross acre. The proposed plan provides for efficient use of for residential housing while encouraging the generous dedication of common comprehensively maintained open space. h. Where there are more intensive uses or incompatible uses planned within project or on the project boundaries, how will the impacts of those use mitigated. The plan for Valley Ranch incorporates a minimum twenty foot wide buffer ar, the entire site. The project open space will be landscaped and maintained homeowner's association set forth in the attached covenants. The more Intel uses within the project that are facilitated by the PUD overlay are the 33 townh lots, the assisted/independent living facility and the apartment/condo area. townhouse lots and apartment condo area act as a transitional use between ext, commercial uses and the internal single-family lots that will make up the co Valley Ranch. The assisted living/independent living facility is located internal the southern portion of the project and will create an island of open space architectural diversity within the residential core of the project, including r. than isolating the elderly component of Valley Ranch.. The assisted living/independent living facility will generate much less traffic than the single- family and townhouse units. i. How the development plan will further the goals, policies and objectives of the Kalispell Growth Policy. The proposed plan is intended to fit within the stipulations set forth in the Kalispell Growth Policy as revised in August of 2006. The subject area is designated as t°suburban residential' allowing for up to four units per gross acre. The future assisted/independent living facility will take the proposed development just slightly above the 4 unit per acre threshold. However, the traffic generated by the future living facility will be considerably less than the adjoining residential development. The Growth Policy Map also illustrates future north/south and east west transportation corridors that will disperse traffic and alleviate congestion in and around the site. This project along Glacier Town Center will expedite the expressed goal of extending Rose Crossing from Whitefish Stage to Highway 93 and also the extension of a route north from Rose Crossing to Valley Ranch through the Wolford Project. Traffic leaving either project and heading north will have two alternative routes through Valley Ranch. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: (1). Total acreage and present zoning classifications; See PIan, 80.6 Acres Kalispell R-2 Zone (2). Zoning classification of all adjoining properties; See Attached Zoning Exhibit (3). Density in dwelling units per gross acre; See Plan (4). Location, size height and number of stories for buildings and uses proposed for buildings; Plans will be submitted for the assisted /independent living facility in the future accompanying a PUD modification applicationl. (5) . Layout and dimensions of streets, parking areas, pedestrian walkways and surfacing; See PUD and Preliminary Engineering Plans (6). Vehicle, emergency and pedestrian access, traffic circulation and control; See PUD and Preliminary Engineering Plans (7). Location, size, height, color and materials of signs; The development signage will be located on the north side of the main entry roads. The signs will be a monument style signage utilizing the project logo and made of stone and wood elements used as landscape accents. The signs will conform to the Kalispell Sign Ordinance. (8). Location and height of fencing and/or screening; No fencing is proposed at this time. A preliminary landscape plan (9). Location and type of landscaping; A preliminary schematic landscape plan showing street trees screening and buffering is attached. (10). Location and type of open space and common areas; See PUD Plan (11). Proposed maintenance of common areas and open space; See Covenants (12). Property boundary locations and setback lines See PUD Plan (13). Special design standards, materials and / or colors; See Architectural Standards (14). Proposed schedule of completions and phasing of the development, applicable; See PUD Plan (15). Covenants, conditions and restrictions; See Covenants (16). Any other information that may be deemed relevant and appropriat to allow for adequate review. SEE ATTACHED PLANS, TRAFFIC IMPACT STUDY and other, supplemental information. Covenants, Architectural Standard and a Preliminary Landscape Plan will be submitted as supplementary information. If the PUD involves the division of land for the purpose of conveyance, a preliminary plat shall prepared in accordance with the requirements of the subdivision regulations. Please note that the approved final plan, together with the conditions and restrictions impos shall constitute the zoning for the district. No building permit shall be issued for any struct within the district unless such structure conforms to the provisions of the approved plan. The signing of this application signifies that the aforementioned information is true and core and grants approval for Kalispell Planning staff to be present on the property for rout monitoring and inspection during review process. (Appli igna u e) (Date) Legal Descrip#ion Valley Ranch Planned Unit Development That portion of land situated and lying in the West Half (W%2) of Section 19, Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, described as follows: Government Lot 2 (shown as Tracts 1 & 2 of Certificate of Survey No. 4491, records of Flathead County Montana), the North Half (NY2) of Government Lot 3 (shown as Tract 3 of Certificate of Survey No. 4491, records of Flathead County Montana), and the Northeast Quarter of the Southwest Quarter (NE% SW%2 - shown as Tracts 7 & 8 of Certificate of Survey No. 4491, records of Flathead County Montana). EXCEPTING THEREFROM THE FOLLOWING TRACTS OF LAND: Tract 1 of Certificate of Survey No. 5324, records of Flathead County, Montana, located in the North Half (N1/2) of Government Lot 3 of Section 19, Township 29 North, Range 21 West; Principal Meridian Montana, Flathead County, Montana and Tract 1 of Certificate of Survey No. 5975, records of Flathead County, Montana, located in the South Half (S'/2) of Government Lot 2 and the North Half (NY2) of Government Lot 3 of Section 19, Township 29 North, Range 21 West; Principal Meridian Montana, Flathead County, Montana and That portion conveyed to the Sate Highway Commission in Bargain and Sale Deed recorded July 9, 1956 in Book 391, Page 408 and conveyed to the State of Montana Department of Highways in Bargain and Sale Deed recorded July 23, 1996, Instrument No. 96-205-10010, records of Flathead County, Montana and That portion conveyed to the Sate Highway Commission in Bargain and Sale Deed recorded July 9, 1956 in Book 391, Page 408 and that portion granted to the State of Montana Department of Highways in Judgment and Final Order of Condemnation recorded January 11, 1996, Instrument No. 96-011-10250, records of Flathead County, Montana. METES and BOUNDS DESCRIPTION OF THE SUBJECT PROPERTY: Commencing at the Southwest corner of Government Lot 4, Section 19, Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, which is a found brass cap, thence North 000 09' 50" West 3,956.91 feet along the west boundary of Section 19 Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, to the northwest corner of Government Lot 2, Section 19, Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, thence, leaving said west boundary of Section 19, South 890 39' 45" East along the north boundary of said Government Lot 2, a distance of 95.73 feet to the east R/W of U.S. Highway 93 and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; said point is a found rebar with cap stamped #2516S, thence Continuing South 890 39' 45" East along the north boundary of said Government Lot 2, a distance of 1,196.53 feet to the northeast corner of said Government Lot 2; said point is a found rebar with cap stamped #2516S, thence South 00' 22' 21" East along the east boundary of said Government Lot 2, a distance of 1,318.91 feet to the southeast corner of said Government Lot 2; said point is a found rebar with cap stamped #2516S, thence South 89' 36' 28" East along the north boundary of the Northeast Quarter of the Southwest Quarter (NE % SW %) of Section 19, Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, a distance of 1,329.98 feet to the northeast corner of said Northeast Quarter of the Southwest Quarter (NE % SW'/4), thence South 00" 16' 47" East along the east boundary of said Northeast Quarter of the Southwest Quarter (NE 1/4 SW '/4) a distance of 1,321.22 feet to the southeast corner of said Northeast Quarter of the Southwest Quarter (NE %4 SW Y4), said point is a found rebar, thence North 890 34' 58" West along the south boundary of said Northeast Quarter of the Southwest Quarter (NE %4 SW'/4) a distance of 1,327.88 feet to the southwest corner of said Northeast Quarter of the Southwest Quarter (NE % SW %), said point is a found rebar with cap stamped #2516S, thence North 000 21' 59" West along the west boundary of said Northeast Quarter of the Southwest Quarter (NE %4 SW '/4) a distance of 660.24 feet to the southeast corner of North Half (N Y2) of Government Lot 3, of Section 19, Township 29 North, Range 21 West; Principal Meridian Montana, Flathead County, Montana, thence North 890 35' 39" West along the south boundary of said North Half of Government Lot 3 a distance of 561.63 feet to the southwest corner of Tract 2 of Certificate of Survey 5975 in said Section 19, records of Flathead County Montana, thence North 00' 20' 38" East along the west boundary of said Tract 2 of Certificate of Survey 5975 and the east boundary of Tract 1 of said Certificate of Survey 5975 a distance of 928.89 feet to the northeast corner of said Tract 1 of Certificate of Survey 5975, said point is a found rebar, thence North 890 40' 37" West along the north boundary of said Tract 1 of Certificate of Survey 5975 a distance of 632.78 feet to a point along the east RM of U.S. Highway 93, said point is a found rebar, thence North 140 28' 57" East along the east RM/ of U.S. Highway 93 a distance of 33.77 to a found Montana Department of Transportation 2-inch diameter aluminum cap, thence Continuing along the east R1W of U.S. Highway 93 North 000 21' 47" East a distance of 499.90 feet to a found Montana Department of Transportation 2-inch diameter aluminum cap, thence Continuing along the east RMC of U.S. Highway 93 North 130 40' 24" West a distance of 144.31 feet to a point, thence Continuing along the east RM! of U.S. Highway 93 North 000 20' 43" East a distance of 377.40 feet to the point of beginning and containing 80.626 acres of land, more or less. ti"v1 /2, SEC. 19, T29N, R21 W, P.M.N., FLATHEAD COUNTY, MONTANA FOR EARL HOLBECK DATE: FEBRUARY 19, 2008 LEGEND 11 - 3030''"' N/F NOTES UTILITY BOX UTILITY POLE SANITARY SEWER MANHOLE 18" SANITARY SEWER MAIN STORM DRAIN INLET 4" GALVANIZED PIPE MAN HOLE CULVERT WATER VALVE SIGN CHAINLINK FENCE WOOD FENCE POCK WALL EDGE OF PAVEMENT FARM ROAD EDGE OF TREES CONTOUR LINE FOUND 5/8" REBAR (UNLESS OTHERWISE NOTED) FOUND MDOT 2" ALUM. CAP (1996) COMPUTED POINT NOW OR FORMERLY MANHOLE INFORMATION MANHOLE #1 RIM=3038.39 INVERT IN (NORTH)=3025.80 NVERT IN 8" (EAST)=30216.52 INVERT OUT (SOUTH)=3025.73 MANHOLE #2 RIM=3038.05 INVERT IN (NORTH)=3024.63 INVERT OUT (SOUTH)=3024.54 MANHOLE #3 RIM=3036.18 INVERT IN (NORTH)=3023.79 INVERT IN 8" (EAST)=3024.55 INVERT OUT (SOUTH)=3023.69 MANHOLE #4 RIM=3033.76 INVERT IN (NORTH)=3022.80 INVERT IN 8" (EAST)=3023.40 INVERT OUT (SOUTH)=3022.70 MANHOLE #5 RIM=3031,39 INVERT IN (NORTH)=3017.56 NVERT IN 8" (EAST)=3018.26 INVERT OUT (SOUTH)=3017.54 1) VERTICAL CONTROL IS BASED ON A FOUND 5/8" REBAR ("TARGET 15') WITH THE ELEVATION OF 3026,30' ABOVE SEA LEVEL. THIS BENCHMARK WAS ESTABLISHED BY F&H LAND SURVEYING, INC., AND IS BASED UPON THE NORTH AMERICAN VERTICAL DATUM 88. 2) NO LOCATION OR EXCAVATION WAS PERFORMED BY THIS FIRM TO VERIFY THE EXACT LOCATION OF ANY UNDERGROUND UTILITIES; THEREFORE, BEFORE ANY EXCAVATION IS DONE, U-DIG MUST BE NOTIFIED (1-B00-551-8344) TO VERIFY THE EXACT LOCATION OF ALL UTILITIES. 3) THE SUBJECT PROPERTY SHOWN HEREON 'HAS SNOW-COVERED DURING THE TIME THAT A PORTION OF THIS SURVEY WAS PERFORMED. THERE MAY BE IMPROVEMENTS LOCATED ON THE PREMISES THAT ARE NOT DEPICTED ON THIS PLAT DUE TO OBSCURED GROUND VISIBILITY. 4) THE TOPOGRAPHIC MAPPING WAS DONE ON JULY 18, 2006 BY THE MISSOULA BLUEPRINT COMPANY. PART OF THE FIELD SURVEY WAS PERFORMED ON JULY 19, 2006. ADDITIONAL FIELD SURVEY WORK WAS PERFORMED ON FEBRUARY 19, 2008 AFTER THE SANITARY SEWER WAS EXTENDED NORTH ALONG U.S. HIGHWAY 93 WHICH AFFECTED THE TOPOGRAPHIC MAPPING IN THE DISTURBED AREA. FND REBAR "AP STAMPED 42516 ua STA. 2 ' 00'. .I PA r MANHOI 2 P STA. 240 O I MANHOLE #3 MANHOLE #4 589'39'00°E w i� { 2 ANHOLE #1 Tk .( r ; .3 24± c fl r �_ � , � 632 78', �•� o � C! tD 1 553.7 0 TARGET 15 ELEV.=3026.30' (NAVD88) FND REBAR W CAP STAMPED2 1 6S �` �-• FNO REBAR NAP STAMPED #25 6S I�. L s, N O N al w � II a I NO REBAR W/CA TAMPED #25i-6 m�w ROCK BOUND7111 iF T 2L3C o — -� REBARIW/CAP (A p 10 -h N A --------- SENT- • ^-- -------------------_-- .__.__❑ N69'35'39"W 4 I ` ------------------ - 561463ZMJ_ 552.27'(R)------- �. 60' PRIVATE ROAD �J & UTILITY EASEMENT -20F'DI �o a PEGISTEF'ED L=1IU SUR EiUP. a w :j_4 CGLOR"DO �E u P.,), BG• .523 'MITEFISH, LIT 5Mg PHOIIE: F76i—Bc2—�<a__ FNO REBAR W/CAP -,_e STAMPED #2516S REBAR 5 STAMPED #7979i5S �f f ff •ff - ..�_,�- .....; n.,- :�....... � ,r. �., .,..._" ....- -. � .. -�. s � e uum . _. •�. o-- � ._-,.._ _. - a-� � ., .-;:�_� .. ._'�.�- :�-_�� ��..__.,-_^.�,:,.-�.._..�:.-+k .,.�-.,� rz .-,:-�::,-y.� �. �, s - - _ - - - „z~v n N89.34'58"{"! 1327.88'(M) 1328.07'(R) (BASIS OF BEARINGS) W/CAP 2516S using 0=1 T ` ■` Mum n^Ao- Loloillm { -...,,=z .��...,.: r-..,,..-�,._.�.�.. � v -_ _..-..- -,., ..-.._:-_ �u _.-.._t-.. � _ ,-._.- -,�_ ._...__—..t.,s�.=.-__ l-�_.-. � -� =._amp..-._ "-_�-.--.�„-._.-xr�_.__.. � .� � _._.. _' _ ._- -.. _ 'E"` - - �- _ - - .�:•.�-.hc �sM 0 1 m LOB 2 SCD,N�gpia,NCEN zv- .._ ._.._.. _..................... .... ............ 9 -f E�ACN �26A uTch Go�boY Gh NIF TRACT 2B DANIEL & MAAION PENTELUTE VF tiµ 581.63'(M) 562,2r)R) i` P h M 'e 0 g r r 60 or j a� � A o� qm�? I e O u f v. rbs �c Xzl P�e __ _ tip`•` ` e ' TR0.CT 2G .., , Wolfortl pevelopnwM-W. h WWTWTTMI�E N. f Be IS A"ZO ;� W 112, SEC'.. 11, T21N, k21 W, A. M., M., 0 200' 400' FLATHEAD COUNTY, MONTANA Scale (1"=125' @ 2436") lop Planned Unit Development Developer: Gateway Properties Inc. Kalispell, Montana Land Planner and Landscape Architect: Sitescape Associates PrM2.H Civil En ineer: Garver Engineering Traffic Engineer: WGM Group 4 Surveyor: Sam Cord! Surveying Geo-technical Consultant: CMG Engineering Inc. 4uev k KEY EDGE OF TREES UTILITY BOX CONTOUR LINE " UTILITY POLE g FOUND SV RESAR -- CULVERT /UNLESSOTHERWISENOTED1 NOTES SIGN € FOUND MOOT 2-ALUM. CAP(SBBBJ 'IYERNLAL CONIPOLISBASECCN INASWIfEUDATUY. CHNNUNKFENCE COMPUTEDPOINT 21N0 LOCP.TIWI CR GYCAVATIpN ltA9 PEPFORLIEC RYTWB FlRM TO VfWF/:11E E%ACT LOWTION OF AIIYUNGERGAOUND UMIr1EE. T"EI1EFdi[REFOR[AHY EXWYAYRNf 13 1 FARM ROAD '•" NOW OR FORMERLY WNEVOVi If WTOENCTIFrt0,I.E04 SEI.&VAITOVEPoFYINE E%KTtOGT.Qi 1 OF ttL V1YUtN:S. ' ,;.:5 _ - - -.y. -_ m. .� .. -m.... tom. .�.,.- 4 ..--. ., _ s _... �:�R's__s'. _-. � ��v -llx c_ �'-�..._._ :"u •: :. .- - ' ._. a - i t Upper Flathead Valley Area, Montana (M1617) Map Unit Symbol Map;Unit Name Acres in AOI_ M Percent of AOI _ Be Blanchard One send, 0 to 7 1.5 0,6% percent slopes Bf Blanchard fine sand, 0 to 7 0.9 0.4% percent slopes, wind eroded Bh Blanchard fine sand, 7 to 12 15.3 6.3% percent slopes, wind eroded Bk Blanchard fine sand,12 to 35 76.4 31.3% percent slopes Ke Kalispell loam, 0 to 3 percent 92.6 37.9% slopes Kg Kalispell loam, 3 to 7 percent 0.8 0.3% slopes Ta Tally, Blanchard, and Flathead 42.8 17.5% soils, 0 to 3 percent slopes Tc Telly, Blanchard, and Flathead 0.1 0.1 % soils, 3 to 7 percent slopes Td Tally, Blanchard, and Flathead 14.1 5.6% soils, 3 to 7 percent slopes, wind eroded Totals for Area of Interest (AOI) Meters 0 100 200 400 600 Feet 0 400 Boo 1,600 2,400 244.51 100.0°% 2111 ® i ighborYraod Plan Area owti m ,a�w, mar IM N&IdgC ®I Gateway Entrance Corridor Musa rxlhbwho�o In f nwww�mp.�mhawa ! 99100 Year Floodplain Floodway tm,auum ! Nam btu use Aim 100' Rival 8t1f%r rva rropooawmny hum �ouona arS011waler 8 whlleAeh Mrer) H4 1 0 Aught 6, 200e —•— Major Arterial Strest ---- MlnorArterial Street --- Collector $1I Proposed AlIBI U S Highway 03 a + Future Collector! Arterial Road —•— Other dl.eVeyed with dashed lbes ypamremaoeeexd�aepxo�eas) _, Slopes 30r5 otpreahar FS Future Fire Station NOW4 moo eM1WMW tba�r - 1I.I Wa"e") e p Suburban Pmlftniti fps elf rowth Polio �JYp a �wemar �aeew ) namem�.e Wmoeeaa+) PubNdOimal�PubAn mom:-- I.C—M. .W.. 1 u.� "w�'.iwr�s+.o..�.u...,w<xrA.•-mow.. Existing Zoning The Valley Ranch property is designated as "Suburban Residential" in the Kalispell Growth Policy and is zoned The intent of the district is to provide adequate lot areas for urban residential development; should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e,, schools, parks, shopping areas, etc, This development will normally require all public utilities, A PUD overlay allows up to 5 units per acre and multi -family housing. __ a —. t�....,......_�t -_._ .:. ,F ,� .-,erg x�.. ��_ � � s....-, -�.., ,._ _ �� � 5. .,,_- .:.--..�4.:.«: � __ ` �. _ s -.z . _-.� . v {-- fit--..,�-_ :_. � � _.,.,4._ =� ._,., -.; .,: �.. n _ .� _ ,„�:.,. .� w --+,�-".,•. PONDEROSA SUBDIVISION Ts i JOPF O EREHAG M�1�R Total PUD Area = 80.678 Acres, Underlying Zone = Kalispell R-2 85 Single -Family Residential Lots 33 Townhouse Lots 80 Assisted Living Units 24 Independent Living Units 160 Class A Apartment/Ccndo Units 382 Total Living Units Total Area in Single -Family Lots = 26.96 Acres Total Area in Townhouse Lots = 3.75 Acres Total Area in Assisted/Independent Living = 4.9 Acres Total Area in Apartment Partition = 8.7 Acres Total Area in Road R. o,W. = 15.15 Total Length of Roads = 9,389 Total Length of Alleys = 4,832 Total Area in Street Paving = 7.6 Acres Total Area in Alley Paving = 2.18 Acres Total Area in Parks/Open Space. = 15.0 Acres Total Area in Open Space Huffer = 6.22 Acres Total Area in Open Space = 21.19 Acres Gross Density w/o A&f Living = 3.44 dulacre Gross Density w/ A&I Living = 4.73 dulacre Minimum Single Family Lot Size = 8,146 SF Maximum Single Family Lot Size =38,233 SF R-2 Building Setbacks: Vicinity Map 1r 0 z W 112, SEC. 11, T2IN, k21 W, P. H., H., 0 200' 400' FLATHEAD COUNTY, HONTANA Scale (1"=125' @ 2436") W AV AV UJIF WF et" Planned Unit Development S"�95a�1D9 Developer: Gateway Properties Inc. Kalispell, Montanan Land Planner and Landscape Architect: Sitescape Associates (1ha a. am"ntl Civil Engineer: Carver Engineering Date: 11-27-07 Traffic Engineer: WGM Group Revised: 1-21-08 LL Surveyor: Sam Cordi Surveying Revised: 2-14-08 Z Geo-technical Consultant: CMG Engineering Inc. Revised: s-18 oa Revised: 5-20-08 KEY EDGE OF TREES UTILnY SOX CONTOUR LINE UTILITY POLE a FOUND 510'RESAR CULVERT (UNLESS OTNERVASE NOTED( NOTES SIGN - FOUND MOOT 2'ALUM. CAP(1996) ')VEMiC4L CDMFCL56ASEDC11-AS3UMED MUM CNAINUNX FENCE COMPUTED POINT LfW LDU`�ON OREZCAVnr�Dx vMSPCRFOPVED OY rws F'Au•D VERIEv nce EFACr FARM ROAD NOW OR FORMERLY -EDFADYLIW i E5,TIIEREECML6 EXCAVATNIh'19 DtDGMsr De WTIM0.1w.o�.4J, DVRYTEUCTLEAD oFALLUTUL�Ei PUD Master Plan a•tr:'�'„`� 1 1 Fe ,R Dhase a- .r Phase Three, Year 5-6 Hwhasiny Hlan L�-Zo':� W 912, SEC. 11, T211N, k21W, P.M,M., 0 200' 400' FLATHEAD COUNTY, MONTANA Scale (1"=125' @ 243611) MA dft� va ko " Planned Unit Development sbs.po AssxielPa Develo er: Gateway Properties Inc. Kalispell, Montana Lag f"emiY,terMc+O.ArtRMNe 6a. NI] CaLmN.FNfn.'va SM112 Land P anner and Landscape Architect: Sitescape Associates PM1.i0R.G92.9192 ,ua pe$a0.ry duai Civil Engineer: Carver Engineering Traffic Engineer: WGM Group Surveyor: Sam Cordi Surveying Geo-technical Consultant: CMG Engineering Inc. KEY EDDEOFTREES —JUTILRV 80% CONTOUR LINE UTILITY POLE a FOUND W REEAR CULVERT IUNLESS OTHERWISE NOTED) NOTES SIGN FOUND MOOT T ALUM. CAP(ING) UVEflTiCAI CONra(ASeASEa ORANAS:UUEE MTUM. CIUWLINKFENCE COMPUTED POINT 21 h0 LOCI.TpN Ofl EXGVAiION YIASFERFORH€�B.THISFflN-a TERIFY T11EEfACi I- OFANY SNOEAGRg11M IITILRIES. TNEREf BEFORE ANY ESCAVATip!IS FARM ROAD NOW DR FORMERLY N RGNIMT RE NOiIfhR.f.EV.ESI.E14tI TO VERIFYNYNE EXFLT IgCATrON .F OF AU. UiRATEG. _ -4 = Grass Parkway w/ Trees _- Landscape Mounding Park Area / Multi -purpose Play Area Open Space / Multi -purpose Use Area Deciduous Ornamental Trees Quantity = 391 Specimens, 2"+ Caliper Coniferous Ornamental Trees Quantity = 81 Specimens, 8-10' Height Existing Tree / Shrub Line ,schematic Landscape Plan .c L_7L__±Z0 W 112, SEC. 19, T291% k21W, A.M.,M., 0 200' 400' FLATHEAD COUNTY, MONTANA Scale (1"=125' Q 2406") vattxl Planned Unit Development Sit. —Pe A99OC�0109 Developer: Gateway Properties Inc. Kalispell, Montana Land Planner and Landscape Architect: Sitescape Associatess5rF�L« Civil Engineer: Carver Engineering Traffic Engineer: WGM Group Surveyor: Sam Cordi Surveying Geo-technical Consultant: CMG Engineering Inc. KEY " ` - " EDGEOFTREES CONTOUR LINE UTILITY BOX UTILITY POLE FOUND S,S'REBAR CULVERT (UNLESS OTIIERWISE NOTED) ROTES A FOUND MDOT R' ALUM. CAP(106) 1)1E TIC11C0NIR—S9A9E00NA MSUMEOSATWI. SIGN CHAINLINK FENCE V COMPUTED POINT 1j N�0t0q,Tµwy`UNOF"0500t1! uT9 —.—A.,nFE"�'ONE'ANT fXC lvAi9111 FARM ROAD - NOWORFORMERLY OONE V-O MST WTIRE0N S51. 4)T0YE y THE -TOR BSALLBTn.+SwS. ........... ,_........... r........ r........r....,_,.,........r,.....,.i - - Alley -Loaded Smaller Lot (J Constenius Architects, Sitescape) Street -Loaded Smaller Lot E ley"? -987 - 172 - vi. Mm C.;1mragig !11 Typical Alley -Loaded larger lots w/ R2 Setbacks I ME I Typical Street -Loaded larger lots w/ R2 Setbacks Single -Family Lots 111a_ II- IM-111 Pt a," U+,,U D'WAX"'ef4 Future Access Garage -Under Example for Phase Three sloped sites. The townhouse lots are buffered from adjacent single-family lots with enlarged open space areas. Roof ridge heights will not exceed 35 foot height AF Phase One Townhorne Lots Alley -loaded townhome lots with prescribed R2 setbacks and 20'driveways off of the alley for additional visitor parking in addition to two garage parking spaces per unit. Alley loading leaves the street free of driveways and allows for the planting of trees and landscaping along the parkway and setback. n�_ - M M --offirt- ... ....... ....... V--,--4--9 Ac- EM Ow oo - 111111110 M M IM M The assisted living facility at Valley Ranch will be similar in size to the Riverside Assisted Living Facility in Whitefish owned and operated by Willowcreek. The assisted living facility will have 80 units. The independent living facility will consist of two or more buildings similar to the Condo/Apartment units on the west side of Valley Ranch but including elevators to access upper levels. The independent facility will include 24 units. The final layout and architecture of the site and buildings will be reviewed by the City of Kalispell as an amended PUD or conditional use permit. Assisted and Indepen dent Livin-4 Facility 9 Preliminary 0 Height not to exceed 35' BUILDING TYPE "B" 4 "C" - M14IN CRCSS 54.F'='218 NT5 BUII_DINC TYPE "B" $ 'C" - UPPER GR055 60. =T, - Us- NTS Condo or Apartment UnDesign �>- r,.__�r w _�.,., �.... .. zi_:s..�� .�. K�z... �r-r.....�'s. �x r,�_..WI r ui z 24" 5'-0" SIDEWALK POIVER T... " -s " PHONE 36" NG ". CATV' 12' 1 z VARIES 24' TO 30' Z J J VARIES VARIES a 2' TOT 10=-0" 10' a 2% TYPICAL -.2% TYPICAL 4" HOT PLANT MIX ASPHALT 95% COMPACTION (MIN.) PLACE IN TWO LIFTS 6" OF 3/4" CRUSHED GRAVEL 95% COMPACTION (MIN.) 9" OF 3" MINUS PIT RUN GRAVEL 95% COMPACTION (MIN.) ALLEY SECTION SCALE: NONE 2% TYPICAL _... _ _ -- L4" HOT PLANT MIX ASPHALT 95% COMPACTION (MIN.) PLACE IN TWO LIFTS 6" OF 3/4" CRUSHED GRAVEL 95% COMPACTION (MIN.) 9" OF 3" MINUS PIT RUN GRAVEL 95% COMPACTION (MIN.) SECTIONROAD SCALE: NONE 36' 16-0" 2% TYPICAL .<... - :�-_ " � � xa n � _ _ .� .r. .. � -x,?�" � � - - ._ ,._... � . ,.+ _ . : =-.tea ._ _•- ... _ _ - .: ... a 2'-0" 12' — 5'-0" (TYPICAL) 24" � SIDEWALK w z Lu CL 0 R a Valley Ranch Planned Unit Development Subject to change. Please confirm with the De: GLJECTIVE OF THE VALLEY RANCH DESIGN GUIDELINES It is the purpose of these Design Guidelines to protect and enhance the environment of Valley Ranch, to minimize the disturbance of the existing terrain and vegetation, and to blend development into the setting as unobtrusively as possible. The Developer, Design Review Commitee ("DRC") and HOA reserve the right to place liens on properties for unpaid fines, the right to seek Temporary Restraining Orders for violations of any provision of the Valley Ranch Design Guidelines, CCR's or HOA By -Laws and reserve the right to any other remedy available to them under law and/or equity including attorney's fees. The guidelines are in three parts: 1) Architectural Guidelines 2) Site Development Guidelines 3) Submission, Review, Approval, & Construction The DRC will administer and enforce these guidelines for all work on Valley Ranch. Eventually, the DRC will be a functionary of the new Home Community Association. The purpose of the Design Review Committee is to evP1,1ate the design of a proposed structure or improvement by itself and also within its environment and n,_ borhood settings. The DRC will consist of 3 persons the Developer, and two other individuals whom shall be appointed by the Developer. Those three parties shall act as the Design Review Committee until such time as management responsibility is transferred to the Valley Ranch Community Association. A worthy variance from the literal translation of these guidelines will be considered objectively by the DRC. Otherwise, the DRC will maintain a consistent application of the intent of the guidelines on an equitable and uniform basis. Separately and to be drafted later, the uses for the properties both private and common such as the parks, trails, parking, firearms, RVs, horses, waste management, roads, easements, maintenance, etc. and their enforcement, shall be addressed in the "Bylaws" which will be a section of the Community Association Charter. iiew Commitee as to the most updated version I. ARCHITECTURAL GUIDELINES A. DESIGN CHARACTER The design character should appear integral with its environment instead of standing out against it. The design character of a residence should be considered uniformly from all sides, not just the front or rear elevations, and all elevations should maintain the same visual integrity, cohesiveness and design detail. Particular attention should be given to the relationship of the elevation of the respective floor levels and the comparative overall massing of the structures from one lot to another. Building forms, materials and colors must blend with and complement rather than compete with the natural landscape. Emphasis on muted colors is essential. It is suggested that long, unbroken walls and roofs be avoided; while vertical and horizontal offsets need to be included. To further reinforce this concern for scale, architectural forms should be softened by chimneys, balconies, bay windows, entrance treatments, and other such devices. Valley Ranch has sites that offer prominent scenic views and with that homes will be able to be viewed from afar. Architects and owners are encouraged and reminded of this. B. BUILDING SIZES Any size residence may be presented for review by the DRC. Approval would be contingent on whether the design remains within the design vernacular of Valley Ranch and does not negatively impact neighboring homes. C. BUILDING HEIGHTS Valley Ranch terrain is varied and includes unique topography, making absolutely uniform applicability of height restrictions difficult, so the DRC will review these on a case -by -case basis. Heights shall be [with a generic 35' max] listed. on each Architectural Elevation Drawing, at least as demonstrated in the elevation following. Benchmarks for heights on Lots 7, 9, 10, & 11 shall be lower and reviewed particularly so as not to dominate the skyline. In general, the DRC intends to discourage and has the right to prohibit the construction of any residence or other structure which it deems as excessive in height when viewed from other lots or the streets. Again, Valley Ranch has numerous lots that offer views whereby structures may be seen from miles away. The DRC will be, and asks owners & architects to be sensitive to that outlying impact. Subject to change. Please confirm with the Des 1'.��'��/—�•�\\�'rl��p,,jI11�y��' �1•��61�� �IC��ti:�;1��I_ n��■ Pi� ' Sr�FJC�I�e�l@A y BUILDING HEIGHT DEPICTION D. MASSING It is expected that all building elevations will not only take advantage of the view from within the residence, but will provide pleasant views from all surrounding areas. All side and rear elevations are expected to be articulated to break up the fagade into smaller elements, as well as adding the richness of shade and shadow. Large blank walls will not be allowed. Failure to provide adequate articulation and richness may be grounds for amendment or rejection of the design by the DRC. E. MASSING ARTICULATION Careful massing and composition of building forms, use of appropriate natural materials and special attention to the transition between the structure and the natural topography all serve to integrate the house sensitively into the environment. :view Commitee as to the most updated version Principles for acceptable design massing: Horizontal and vertical offsets are the devices used in massing the structure to achieve appropriate residential scale. The stepping up or down of rooflines helps a building blend with the surrounding landscape. Horizontal offsets should be coordinated with the interior plan and the roof pitches of the design. Architectural massing combined with good rooflines and offsets can create a very interesting and individualized building form. Garages and patio walls may help accentuate these horizontal offsets. In general, avoid the use of continuous, unaccented two-story facades. Without accents, horizontal and vertical offsets or wall projections, a looming barracks, shop, barn, or box look will result. Horizontal offsets can also contribute to added privacy and wind protection of outdoor spaces, reducing the need for elements such as fences and wall extensions. It is usually more effective visually and economically to have fewer, but larger offsets rather than a series of small jogs. A two -foot jog is barely noticeable; four feet is better; six to twelve feet cast a significant shadow and have a definite visual impact. The articulation of massing can be heightened by projections such decks. However, the deck must be an integral part of the building design, avoiding the "tacked -on" look. F. ROOFS The composition of roof forms should be carefully considered. No continuous. ridge lines should exceed thirty-five feet. Changing ridge direction, offsets or major/minor roof projections should be used to break ridgelines. This will be reviewed and considered by the Design Review Board. The placement of the various pipes and vents that penetrate the roof should be considered. Combine them in the attic space and project them through roofs in a common enclosed stack when possible. Where practical, place stacks on the roof away from the side of greatest visibility or within a chimney. All roof vents are to be colored to match the dominant roofing material. G. STRUCTURAL COLORS Weathering agents are encouraged to accelerate natural effects. All exterior building colors shall have a light reflective value (LRV) of less than thirty-six. This information is available from most paint manufactures. A sample color palette has been recommended for residences in Valley Ranch and will be listed in the Colors List Appendix as an aid. The colors were chosen to blend with the natural colors of the vegetation and mountains as seen from a distance. Subdued accent colors may be used, pending approval by the DRC. Colors for exterior artwork, sculpture or any other special features visible from common areas should also be muted tones chosen to blend rather than contrast with the residence and its surroundings unless otherwise approved by the DRC. Submit samples on the proposed surfaces for review and approval to the DRC H. REFLECTIVE FINISHES No highly reflective finishes, except glass and door hardware shall be used on any exterior surfaces including exterior artwork and sculpture. Mirrored and opaque glass are unacceptable exterior finishes. I. EXTERIOR SURFACE MATERIALS Exterior surfaces must generally be of materials and finish textures that create harmony with the natural landscape. Material changes should terminate at a logical inside corner outside corners should be avoided or made with pilaster scale. Exterior finishes should be included down to the finish grade, walls. J. BUILDING PROJECTIONS or at a major wall opening. Changes at thereby eliminating unfinished foundation All projections from a building including, but not limited to, chimney caps, vents, gutters, scuppers, downspouts, utility boxes, porches, railings, shading elements, and exterior stairways shall match the color of the surface from which they project or be an appropriate accent color. All building projections must be contained within the Building Envelope. K. ANTENNAS AND SATELLITE DISHES There shall be no antennae or satellite dishes other than the now common 24" oval -type; except as expressly permitted by the DRC. Locations of these appliances should be considered carefully to minimize visibility from neighboring property or from the roads. L. SKYLIGHTS AND INTERIOR LIGHTING Skylights shall be flat, low silhouette and non -glare. Visible bubble -type, plexi-glass skylights are not permitted. Skylights will not be permitted in locations where light from the interior will be overly visible to neighbors or roads. Interior light fixtures must be positioned so that the direct light source is not visible from the outdoors. Consideration must be given to the visibility of the light source from vantage points outside of the building. M. WINDOWS Windows should be carefully located and detailed to add substantial feel to the residence. Exposed aluminum sash and framing shall be an approved anodized finish color or vinyl coated color. Mill finish aluminum, including screen, is not permitted. Metal finishes on solariums and greenhouses are included in this category. With windows comes sunlight and heat gain so the considerations of interior and exterior shading elements must be considered, integrally designed, and meet all other applicable restrictions set forth in the Design Guidelines. N. SOLAR APPLICATIONS Passive solar applications or the orientation and design of the residence for maximum winter sun gain will reduce the winter heating needs, and will be encouraged. Active solar collectors can cause excessive glare and reflection, and can only be approved if they are integrated into the structures or landscaping. As with all design elements of a residence or improvements, solar collectors must be integrally designed, aesthetically pleasing and meet all other applicable restrictions set forth in the Design Guidelines. Solar collectors must meet the requirements of skylights. O. SCREENING WALLS AND SITE WALLS Screening walls should be a visual extension of the architectural design of the residence. They may be used to separate the private areas from the rest of the Building Envelope and as screening for parking and service areas. They may not be used to delineate property lines or delineate the Building Envelope. P. SERVICE YARD All above -ground garbage and trash containers, clotheslines, mechanical equipment, and other outdoor maintenance and service facilities must be completely screened from adjacent lots, streets, or common spaces by walls and gates, at least one foot higher than the equipment. Gates, or a "maze" entry that provides complete screening, shall be required around all mechanical and pool equipment enclosures. Q. GUEST HOUSES, GUEST SUITES AND ACCESSORY BUILDINGS These buildings must also go through the Review & Approval process with the DRC. Such structures must be designed as an integral visual element with the residence, and should be visually related to it by walls, courtyards, or landscape elements. A free-standing guesthouse or accessory building can be constructed on any lot, provided all improvements fall within the Building Envelope and meet the requirements of the Design Guidelines. R. NO VISIBLE STORAGE TANKS All fuel tanks, water tanks, or similar storage facilities shall be shielded from view from adjacent lots, streets or common areas by walls or structures or shall be located underground with all visible projections screened from view from adjacent lots, streets and common areas. S. NO SIGNS All security, pool, construction, financing, for sale, and other similar signs utilized for advertising are prohibited outside of Building Envelopes. The only exceptions are Address Identification and Temporary Construction Signage as described in these Design Guidelines. Allowed signs shall not be fastened to any trees. T. FLAGS Displaying the American flag is permitted if it is hung from an angled pole bracket mounted on the side of a residence. Suspended flags such as from eave overhangs will be considered temporary commemoratives for temporary purposes that are event -specific for no longer than 30 days. Free-standing flagpoles that are visible from off one's lot are not allowed. U. GARAGES The appearance of the garage doors must blend with the home design. The garage doors offer an opportunity to enrich the texture, rhythm and overall composition of the design and the Board expects that each home will capitalize on this opportunity. Every effort should be made to minimize the impact of the garage and garage doors. Doors can be made beautifully while careful planning and driveway orientation can ensure that the visibility of the garage and parking is minimized from the street and adjacent lots. Garages are strongly encouraged to be set back and orientated away from the street if possible. In an effort to minimize garage impact, no more than three garage stalls will be allowed adjacent to each other. If additional garage space is needed it must be separated from the other garage location or turned 90 degrees to avoid a long uninterrupted row of garage bays. T. UTILITIES All utilities from the common hook up area to the building site shall be placed underground. II. SITE DEVELOPMENT GUIDELINES The unique natural topography of Valley Ranch requires special attention on each lot. The 'features of each lot determine the access, placement of the home and septic system to maximize view amenity angles and privacy. These features are unique and specific to each lot. The following site development guidelines deal with issues of placement, grading, and landscaping. '?/7ffT ME ~N" I r 0 D,e/!/EW4GdM01Y $MPP,e0A By -#4'- ,9Mi I -41IRildOW17if,-/ BGf/l0/N� ENUE�DPEL/NE P,P/UWAPE4 917Te011R,VFr1BE4 AlWa,P111AfE4 THE BUILDING ENVELOPE The building envelope is the portion of each lot within which all improvements may be built and any alterations to the existing landscape are confined except for driveway approaches. The building envelope acts as a limit beyond which no construction activity, including grading or storage of materials is allowed. A building envelope will be identified for each lot on the approved final Building Envelope Diagram. The envelope will be based on the natural features of each lot such as topography, view angles, and the relationship to neighboring building envelopes or park areas. The building envelope will be outlined by the Declarant and then reviewed and set with each owner's architect, allowing alternate area schemes that may be considered by the Design Review Committee during the Preliminary Design Phase of the process. A. ALLOWABLE SITE COVERAGE AREA Each lot type is limited to a maximum site coverage area of total lot area for all improvements including building footprint, decks, patios, fenced or walled private areas, paved courtyard, driveway, and landscaped patio areas, excepting the driveway area connecting to the property line outside the building envelope. Any areas outside the maximum site coverage area disturbed in construction must be returned as near as possible to the natural condition. Generally, 10% will be standard except for those lots where horses are permitted. B. NATURAL AREA The natural area is that portion of the lot which lies outside of the allowable site coverage area yet within the building envelope and remains as natural forest. Additional plant material may be added in the natural area. C. GRADING AND SITING General grading and site development principles are as follows: 1. Buildings and improvements should step down slopes, so as to be part of the site rather than altering the site to fit a non -responsive structure. The finish grade around the residence and any site walls should remain close to the original natural grade. 2. Significant cut and fill conditions should be contained with retaining walls or within construction. Exposed cut and fill slopes will not be approved. Cut slopes may be re -graded and naturally contoured to match existing terrain if all grading is contained within the Building Envelope and if, in the opinion of the DRC, the re -graded slope has a natural appearance upon completion. 3. No grading may be done outside the allowable site coverage area except for restoration and the minimum grading required for the driveway. 4. Multi -level solutions for buildings and improvements should be used 'wherever possible. Retaining walls or foundation walls should not exceed six feet in exposed height from finished grade adjacent to the wall, to top of wall or finished floor. Additional height may be achieved by use of more than one retaining wall, provided a significant setback for plantings is present and, in the opinion of the DRC, is adequate for visual separation. These retaining walls are to conform to these guidelines' regulations for color and mass. 5. Screen walls, walls not supporting a building structure or retaining earth, may not exceed five feet six inches in height measured from finish grade along the exterior side of the enclosure. 6. Low and substantial substructures in stilt or cantilevered construction shall be enclosed with finish materials similar to the main structure, unless a substantial and complementary method of enclosure is approved by the DRC. Open areas under buildings can create special hazards from fires traveling uphill and need careful treatment for this reason as well. D. WILDFIRE PROTECTION 1. DEFENSIBLE FIRE SPACE Forest and vegetation must be managed so as to reduce exposure to flames and radiant heat during a fire. The reduction of flammable vegetation and other hazards including around buildings provides a "defensible fire space" for firefighters and residents. The "parking -out" or thinning of the Valley Ranch forest one sees today is an example of how to reduce fire fuel attractively. Yet some corridors have been left specifically thick and clean in order to promote wildlife camouflage and comfort. The National Forest which surrounds Valley Ranch may be maintained by NFS Permit only for "firewood" collection and slash management, pursuant to oversight vis-a-vis permits issued by the Murphy Lake Ranger Station (406) 882-4451; resulting in the collateral attribute of enhancing views and forest appeal. 2. FUEL MODIFICATION To accomplish the dual objectives of maintaining fire safety while protecting sensitive native vegetation, a fuel modification program should also incorporate a combination of fire-resistant building. materials. E. PRIVATE AREA The Private Area is that part of the Building Envelope which is not visible from neighboring property because it is hidden behind walls or structures. The Private Area is the least restrictive in terms of what can be done within. F. MINIMUM SETBACKS All setbacks will be reviewed on the merits of the submitted site design plan. Refer to the Building Envelope for these setbacks. G. LANDSCAPE The goal of the landscape guidelines is to ensure that developed areas within Valley Ranch harmonize and blend with, rather than dominate the natural environment. 1. PLANT MATERIALS All disturbed areas that are not paved shall be vegetated with appropriate plant materials. PAW-9KRIM le[WllegWR�•r��r�s���v Within private areas, plantings immediately adjacent to the residence are not restricted and may include ornamental plants that are not native to the local area. However, because the natural landscape is considered the most important character -giving feature of Valley Ranch, groomed lawns shall be enclosed by buildings, walls, or natural screening elements so that they are visible only from within the owner's own homestead. 3. ROADWAY AND PARK VEGETATION When trees, flowers, or other plantings and their maintenance are to be considered in the common areas such as the roadway right-of-way areas of each lot or within the Park areas, consideration shall be put before the Board to consider design, uniformity, traffic sightlines and cost. This professional review should result in recommendations for homeowners' review and then consensus. 4. WEED MANAGEMENT MANDATE It is the responsibility of every homeowner to manage the noxious and other weeds which occur in Montana, Lincoln County, and specifically in Valley Ranch. Private, roadway, and Park lands require a regular weed management plan. The Home Community Association shall manage the communal grounds and monitor private adherence to an annual program. H. RETAINING WALLS All retaining walls must be included in the review process and be approved by the DRC. If walls will exceed four feet in height, an engineer, architect, or certified builder must approve the wall design. The maximum total vertical exposure of approved walls shall not exceed six feet unless the Board determines that an exception is warranted because of extraordinary circumstances or unavoidable topographic constraints. Where walls taller than six feet would be required to solve a grading issue, terracing with multiple walls is recommended, with a planting area of at least thirty inches between each wall section. Retaining walls should appear to be an extension of the residence and are subject to the same criteria relative to color, materials, and durability as the building itself. If not connected to the residence, walls should be constructed of architectural materials compatible with those employed in the residence. I. FENCES Respecting the Montana mountain environment, perimeter lot line fencing is prohibited. Exception may be made after review, for properties bordering Valley Ranch' "busier" Park areas. Community fencing bordering the National Forest for the purpose of protecting Valley Ranch from Free Range Cattle shall be maintained by the Home Community Association. Within individual lot private areas, fencing can be constructed from compatible materials to the residence with a five -foot -six-inch maximum height from exterior grade, after review by the DRC. Lots approved for horses may have fences of natural materials only for paddock areas. J. DRAINAGE Where construction and development will obstruct natural drainage patterns, surface run-off should be carefully redirected to existing or new swales designed to look natural. Swales may be required above new cut of fill slopes to protect them from erosion. Runoff on each lot shall be accommodated within lot boundaries or within prescribed drainage easement areas. K. SWIMMING POOLS Owners can construct swimming pools. However, the design must not cause visible scars, or excessive grading. L. PETS AND WILDLIFE Dog runs and pet animal pens must be enclosed and covered to protect pets from predators. Domestic animals or pets such as dogs & cats are permitted so long as owners provide necessary restraints to prevent those animals from becoming an annoyance or nuisance from such as excessive barking or antagonistic behavior. In general, leash and poop -scooping bylaws are to be in affect on common grounds and the "invisible leash" is recommended for private property play control. All outdoor trash containers must be of animal -proof designs. All trash must be kept in completely enclosed structures. Barbecue grills should be left properly covered or stowed when not in use so as not to attract wildlife into private spaces. To be covered in the by-laws yet mentioned here: no horses, sheep, cattle, goats, hogs, or other animal husbandry uses or pens shall be permitted on any lot except those lots specifically approved for horses only. Owners with Lots permitted for "horses only" use shall not be allowed to have horses on any roads or areas other than their designated envelopes or their designated trails from their property into public forest service lands; unless they are in trailers. M. EXTERIOR LIGHTING Site lighting is defined as lighting mounted on the building, ground, trees or walls for the purpose of providing security, decorative, accent, or functional lighting. Building lighting is defined as lighting built into or attached to buildings on walls, ceilings, eaves, rakes, or roofs. 1. Site lighting must be directed downward onto vegetation or prominent site features and may not be used to light walls or building elements. Up lighting more than 45 degrees above the horizontal is prohibited and lighting aimed between zero and 45 degrees above horizontal must be directed toward the interior of the lot upon which it is located. 2. Building mounted lighting must be directed downward away from adjacent lots, streets and open spaces, and may not be used to light walls or building elements for decorative purposes unless the bulb is completely hidden and has approval from the Valley Ranch Design Review Commitee via each owner's architectural lighting plan. 3. All exterior lighting must provide for significant shielding to ensure that light sources and lamps are not visible from other properties, from roads or from off -site; no bare lamps will be permitted. 4. Outdoor luminaire lamps with a maximum wattage of 75 watts will be allowed for exterior lighting unless specific approval is received from the DRC. Low voltage lighting is recommended since these fixtures are typically small but heat output should be carefully considered. Colored lighting will not be allowed for exterior lighting except for the 30 days either side of holidays. 5. No lighting will be permitted in natural areas or outside the areas enclosed by patio or building walls. Site lighting must be confined to areas enclosed by walls or be in the immediate vicinity of the main entrance or outdoor living spaces of the residence. 6. Lights on motion detectors for the purpose of security illumination may be allowed subject to specific approval of the committee if the lights so activated do not illuminate adjacent properties. These lights will only be allowed to operate on a motion detector and stay lit for a maximum of five continuous minutes. Security lights must still meet the requirements of shielded light sources. If problems with these lights occur, the Committee reserves the right to demand that the fixtures be disconnected. Care must be taken to avoid setting off the motion detector by the motion of vegetation and the movement of wildlife. The motion detector's range should be limited to the Building Envelope area. These lights will not be allowed to operate for the purpose of general illumination. N. DRIVEWAYS Driveway approaches and curb cuts off of the roadways are supplied by the developer only. Interior driveways should be designed to accommodate emergency vehicles including fire -fighting equipment and their water supply needs. The material of the driveways shall be asphalt or other suitable hard surface approved by the Board. Gravel driveways are not permitted. Transition from the driveway material to the street paving provided by the Developer shall occur 25-30 feet from the roadway edge. Driving surfaces shall be no less than twelve feet nor more than sixteen feet on driveway legs. On -street parking and off - building -envelope parking is not permitted, so driveways may need pull -offs for additional visitor parking. Parking and garage doors shall be screened wherever possible from adjacent roadways and lots. O. SNOW MANAGEMENT Snow management is to be considered during the design of the architecture and landscape. Areas for snow storage should be identified in the design of the driveways. Roofs should be designed to hold snow rather than shed, wherever possible. Roof snow shedding zones are to be anticipated in the landscape design. P. ADDRESS IDENTIFICATION The Developer shall provide installation of uniform address identification devices for all lots. Additional "personality" signage detached from the residence will be permitted, as per the CCR Declaration and/or as approved by the DRC. II1. SUBMISSION, REVIEW, APPROVAL, & CONSTRUCTION Under the Declaration, the Design Review Commitee (DRC) is charged with the responsibility of maintaining the standards set forth in the Valley Ranch Design Guidelines. It is strongly recommended that an Owner retain competent professional services for planning and design. In general, the DRC process is divided into five phases: 1. Pre -design Meeting 2. Preliminary Submittal 3. Final Submittal 4. Construction 5. Final Construction Review An attempt has been made to streamline this process to eliminate excessive time delays. Nevertheless, each Owner is directly responsible for complying with Valley Ranch Design Guidelines, and all other applicable provisions of the Declaration, as well as all rules and regulations of any governmental authority, in order to bring the design review process to a speedy and satisfactory conclusion. To protect Valley Ranch' integrity, certain fees for review oversight and refundable monies will be required to engage and c rct construction activities; and thence fines shall be imposable for infractions during and after such activities. Fines slur be assessed until the infraction is remedied. Payment of such a fine shall not be deemed a remedy of the infraction. Application: 1 % for review, approval, & inspections; non-refundable Purpose: To compensate for professional time Owner bonds: 1 % bond to construct; refundable Purpose: A security deposit for the private roads & common areas' maintenance in case of damage, abandonment, or fine. Builder bonds: $10,000 bond to commence; refundable Purpose: A security deposit. Fines: To be determined by the DRC and thence the HOA via the CCRs, Design Guidelines, or HOA Bylaws without a time limit or a one-time limit; subject to liens and interest. Strict & reasonable. If one is not comfortable with these constraints, one should not buy in Valley Ranch. A. PRE -DESIGN MEETING This informal review is to offer guidance prior to the initiation of preliminary design. An appointment for the pre -design meeting should be made at least one week in advance. B. PRELIMINARY SUBMITTAL Preliminary drawings, including all of the exhibits outlined below, must be submitted to the DRC after the pre -design meeting. Preliminary submittals shall include: 1. The Application Form, supplied by the DRC, with all information completed. A small review fee may be instituted by the DRC for this community service. 2. A survey, at no less than one inch = twenty feet, prepared by a land surveyor registered in the state of Montana, showing lot boundaries and dimensions, easements, setbacks, centerline of adjacent streets, utility tap locations, existing surface contours at two foot intervals based on Valley Ranch' datum, major terrain features, all trees of eight inch diameter or larger that are within twenty feet of any proposed improvements. Each Owner submitting drawings for approval to the Committee shall be responsible for the accuracy of all information contained therein. 3. A site plan, at the same scale as the survey, showing the graphic locations of the building envelope, the residence and all other buildings or major structures, driveway, centerline of adjacent streets, parking areas, patios, pools, walls, proposed utility service facilities and routes, site grading including existing and proposed contours and topographic features, and elevations (datum) of all building floors, patios, and terraces, shown in relation to site contour elevations. 4. Plans and Sections: Floor Plans (at a scale of no less than one -quarter inch = one foot); at least one section (at a greater scale). Roof Plans should show areas and heights of flat and sloped roofs, location of any crickets, and locations and heights of any roof mounted equipment and skylights. Floor plans should show vertical elevations for each if any floor level change. 5. Exterior elevations of all sides of the residence, at the same scale as the floor plans, identifying all structure heights, delineating both existing and proposed grade lines and designating all exterior materials and general colors. Color selections may be general and not specific for the preliminary submittal. 6. The corners of structures shall be staked for the DRC to review. And if necessary to assist the DRC in its evaluation of elevation of a submittal, the Owner shall, if requested, provide staking and flagging of ridgelines or highest corners of structures. The preliminary submittal shall include one paper reduction of each of the required drawings in 2, 3, 4, and 5 above as well as any other drawings, materials, or samples requested by the DRC or necessary to explain the design. These drawings can be in form of letter size (8-1/2" x 11") or ledger size (11" x 17") paper. C. PRELIMINARY REVIEW When the Preliminary Submittal is complete, the DRC will review the submittal for conformance to the Design Guidelines and provide a written response to the applicant within 10 days. Approval of a preliminary submittal will be considered valid for one year from the date of approval. The submittal will be considered abandoned if final plans are not submitted in that period. D. FINAL SUBMITTAL After preliminary approval, final submittals shall include: 1. The application form with all information completed. 2. Complete construction documents including: full floor plans scaled at least 1/4"=1 foot, elevations scaled at least at 1/4"=1 foot, sections scaled at least at 1/4"=1 foot indicating existing and proposed grade lines, detail sections scaled at least at 1-1/2"=1 foot, elevations scaled at least at 1/4"=1 foot, and schedules for exterior fenestrations and interior doors. Samples of all exterior materials and colors, and window and glass specifications, mounted on an 8 %2" x 11" (maximum size) heavy stock cardboard identified with manufacturer's name, color, and/or number. Sample boards shall include Owner's, architect's and builder's name, as well as the lot number. Samples of exterior materials such as stone should be submitted via the use of photographs that show color and coursing patterns. Colors should state light reflectivity value. 4. A landscape plan at the same or larger scale as the site plan, showing proposed contours, grading, drives, courtyards, walls, plantings etc. Site drainage should be included in his plan. 5. Exterior lighting plan showing location and manner of installation for each light, as well as cut sheets on the lights to be utilized. 6. Final staking of structure(s) corners, perimeters, heights and earthen cuts & fills. 7. A fundamental construction schedule. E. FINAL SUBMITTAL APPROVAL The DRC will review the submittal in stages as it is received and respond within 10 days after the review but no later than 30 days after the submittal is complete. F. CONSTRUCTION APPROVAL Obtaining plan check approval from governing bodies such as the city or county and ensuring building code compliance is the responsibility of the Owner and/or builder. Architectural appearance shall be in accordance with the final submittal approved by the DRC. G. ADDITIONAL CONSTRUCTION AND/OR EXTERIOR CHANGES Substantive changes to the approved drawings before, during, or after the construction of an improvement must first be submitted for review to, and must be approved by the DRC. H. RE -SUBMITTAL OF DRAWINGS In the event of disapproval by the DRC, of either a preliminary submittal or a final submittal, any resubmission of drawings must follow the same procedure as the original submittal. I. COMMENCEMENT OF CONSTRUCTION Upon receipt of approval from the DRC, the Owner shall commence the construction pursuant to the approved final submittal within 180 days from the date of the approval. If the Owner fails to comply with this paragraph, any approval given shall be deemed revoked unless, upon the written request of the Owner made to the DRC prior to the expiration of the 180-day period and upon a finding by the DRC that there has been no change in circumstances, the time for commencement is extended in writing by the DRC. The Owner shall, in any event, complete the construction of the foundation and all exterior surfaces (including the roof, exterior walls, windows, doors and all landscaping) of any improvement on his lot within one year after commencing construction except when such completion is impossible or would result in great hardship to the Owner due to strikes, fires, national emergencies, or natural calamities. If construction ceases for a period greater than sixty (60) days, the DRC may require that construction immediately resumes or the Lot is returned to its natural condition. In any event, the Owner shall complete construction of any improvement on his Lot within 18 months after commencing construction unless a time extension is granted by the DRC. If the Owner fails to comply with this schedule, the DRC has the right, but no obligation, to either have the exterior of the improvement completed or to remove the improvements; with all expenses incurred to be reimbursed to the DRC by the Owner. J. OBSERVATION FOR DESIGN CONFORMANCE The DRC may review all work in progress and give notice of non-compliance if found. The builder is required to inform the DRC in writing at least ten days prior to the completion of rough framing so that a review for design conformance may be made prior to completion of sheathing. A written note stating this requirement shall be shown by the architect on the floor plan or framing plan as part of the final submittal. Absence of such review and notification during the construction period does not constitute approval by the DRC of work in progress or of compliance with the Design Guidelines or the Declaration. K. FINAL CONSTRUCTION REVIEW 1. Upon completion of any residence or other improvement for which final approval was given by the DRC, the Owner shall give written Notice of Completion to the DRC prior to occupancy by the Owner. 2. Within such reasonable time as the DRC may determine, but in no case exceeding twenty calendar days from receipt of a required written Notice of Completion, the DRC may review the residence and/or improvements. If it is found that work was not done in strict compliance with the approved final submittal, the DRC shall notify the Owner in writing of such non-compliance within thirty calendar days of its receipt of the Owner's Notice of Completion, specifying in reasonable detail the particulars of non-compliance, and shall require the Owner to remedy the same. 3. If the Owner has failed to remedy any non-compliance within 30 calendar days from the date of the DRC's non-compliance notice, the DRC shall notify the Owner, and Valley Ranch Community Association, Inc. may take such action to remove the non -complying improvements as is permitted in the Design Guidelines or the Declaration including, without limitation, injunctive relief or the imposition of a fine. 4. If, after receipt of written Notice of. Completion from the Owner, the DRC fails to notify the Owner of any failure to comply within the provided period following the DRC's review, the improvements shall be deemed to be in accordance with the approved final submittal. 5. If an Owner chooses to occupy the residence following receipt of a Certificate of Occupancy from the city or county, but prior to final construction review by the DRC, he may do so provided that the work is continued and the written Notice of Completion is given to the DRC within forty-five days of occupancy. If improvements are not completed within forty-five days of occupancy, the DRC reserves the right to take such action to cause the completion of the improvements as is permitted in the Design Guidelines or the Declaration including, without limitation, the imposition of fines. L. NON -WAIVER The approval by the DRC of any drawings or specifications for any work done or proposed, or in connection with any other matter requiring such approval under the Design Guidelines or the Declaration, including a waiver by the DRC, shall not be deemed to constitute a waiver of any right to withhold approval as to any similar drawing, specification, or matter whenever subsequently or additionally submitted for approval or of a nonconforming design or aspect that has not been identified earlier. For example, the DRC may disapprove an item not in conformance with the Design Guidelines shown on the final submittal even though it may have been evident and could have been disapproved at the preliminary submittal. M. RIGHT OF WAIVER The DRC reserves the right to waive or vary any of the procedures or standards set forth herein at its discretion, for good cause shown. N. ESTOPPEL CERTIFICATE Within thirty days after written demand therefore is delivered to the DRC by any Owner, and upon payment therewith to the DRC of a reasonable fee from time to time to be fixed by it, the DRC shall record an estoppel certificate executed by any two of its members, certifying with respect to any lot of said Owner, that as of the date thereof either (a) all improvements and other work made or done upon or within said lot by the Owner, or otherwise, comply with the Design Guidelines, and the Declaration, or (b) such improvements and/or work do not so comply, in which event the certificate shall also (1) identify the non -complying Improvements and/or work and (2) set forth with particularity the cause of causes for such non-compliance. Any purchaser from the Owner or mortgagee or other encumbrancer shall be entitled to rely on said certificate with respect to the matters therein set forth, such matters being conclusive as between the Valley Ranch Community Association, Inc., the DRC, developer, all Owners and other interested persons, and such purchaser mortgagee, or other encumbrancer. When recorded, return to; Sean S. Frampton MORRISON & FRAMPTON, PLLP 341 Central Avenue Whitefish, Montana 59937 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR VALLEY RANCH DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR VALLEY RANCH This Declaration of Covenants, Conditions and Restrictions for Valley Rancl ("Declaration") -is made as of , 2008, by Glacier Valley Villages, L.L.C, a Montana limited liability company ("Declarant"). INTRODUCTION TO THE COMMUNITY Declarant is the owner of the real property legally described in Exhibit " attache( hereto which is within the master planned community commonly referred to as Valley Ranch, ii Kalispell, Montana ("Valley Ranch"). This Declaration creates mutually beneficial covenants conditions and restrictions for such property and establishes a flexible but reasonable procedun for its overall development, administration, maintenance and preservation. As part of th( development plan, Declarant has formed the Valley Ranch Community Association, Inc.;, ai association comprised of all Owners in Valley Ranch. By executing this Declaration, Declaran intends to create an e v_ ironm_ enta_lly-sensitive community boasting a high quality of life for it; residents. The Valley Ra nch Community Association, inc. will be responsible for implementing th( Declarant's goals for the community, as they are expressed herein. Foremost among these goal; is the Declarant's desire to preserve and display the natural beauty of- ,the surroundinc environment through the plan of development and the uses of the land. ARTICLE 1 CREATION OF THE COMMUNITY 1.1 Initial Declaration. Declarant hereby declares that the property described 'ii Exhibit "A" and any additional property subjected to this Declaration .by Supplemental Declaratioi shall be, held, sold, used, and conveyed subject to the covenants, :conditions, and restriction; herein which shall run with the title to the land. This Declaration shall be binding on and sha inure to the benefit of all parties having any right, title, or interest in the Properties or any par thereof, their heirs, successors, successors -in -title, and assigns. 1.2 Duration. Unless terminated as provided below, this Declaration shall hav( perpetual duration. Unless otherwise provided by Montana law, in which case such law sha control, this Declaration may not be terminated within 20 years of the date of recording without th( consent of all Owners. After 20 years from the date of recording, this Declaration may b( terminated only by an instrument in writing, signed by the Association and approved by sixty seven percent (67%) of the then Owners. Such an instrument shall then be recorded in th( Official Records to evidence the termination of this Declaration. ARTICLE 2 CONCEPTS AND DEFINITIONS The terms used in ,this 'Declaration and not otherwise defined shall generally be given- their natural, commonly accepted definitions' except as otherwise specified. Certain capitalized terms shall be defined as set forth below. Declarant determinE standards 2.2 "Area of Common Responsibility". Any areas, real property, amenities, roads �ments which 'become the responsibility of the Association, including but not `limited to, Areas, wetlands, ponds, designated parks, trails for use by Owners, access roads, road ays; the storm water system which includes -ditches and drainage systems, picnic and reas, perimeter fencing (if any), entry gates (if any), water storage facilities. Furthermore, iation shall be responsible for cleaning of said areas, d ease !mmon par the "Architectural/Design Review Committee". The committee which the and may create, subject to provisions of , and at such. time as it shall --.. discretion, to review construction and administer and enforce architectural 25 "Articles". The Articles of Incorporation of Valley Ranch Community soc`iatiori, Ihib., as they may be amended -from time'to time. 2A "Association". Valley Ranch Community Association, Inc., a Montana nonprofit corporation, its successors and assigns. _ 2.5 "Base Assessment" or "Regular Assessment" Assessments levied on all Units "to fund Common Expenses, as more particularly described in Article 2.6 "Benefited Assessment". Assessments levied on one or more but less than all Units, as more particularly described -under Section 6.6. 2.7 - "Board of Directors" or "Board". The body responsible for administration of the Association. 2.8 "Builder". Any Person which purchases one or more Units or parcels of land within Valley Ranch for the purpose of constructing improvements for later sale to consumers, or for further subdivision, development, and/or resale in the ordinary course of such Person's busi- ness. 2.9 "By Laws". The By -Laws of Valley Ranch Community Association, Inc., as they may be amended from time to time. 2.10 "Class "B" Control Period". The period during which the Class "B" Member is Aled to appoint a majority of the Board as provided in Article VI below. -1 2.11 "Common Area". All real and personal -property which the Association now o hereafter owns, leases, has easement rights to, or otherwise holds possessory or use rights in fo the _common use and enjoyment of. the Owners. The term may include, without limitation recreational facilities, entry -features, signage, landscaped medians,- lakes, streams, water course,, and wetlands, as well as hiking`, walking and bicycle trails that Declarant may convey to th( Association on such terms and conditions as the Association may approve: 2.12 "Common Expenses The actual and- estimated expenses incurred o anticipated to be incurred by the Association that are deemed by'theBoard to be' for the genera benefit of all Units, including expenses with respect to the Common Area and Area of Commor Responsibility, reasonable management fees, expenditures for capital -type items, expense., payable under any Covenant to Share Costs, and any reasonable reserve, as the Board may fin( necessary or appropriate: 2.13 "Covenant to Share Costs". Any declaration or other instrument executed b,, Declarant or the Association which creates easements or other rights for the benefit of the Association (or its Members) and the present and future owners of the real property subject t( such declaration or other instrument and/or which obligates the Association and such owners*-t( share the costs as described therein. Any Covenant to Share Costs may affect less than'`! Owners. 2.14 "Declarant". Glacier Valley Villages, L.L.C., a Montana limited liabilit, company, or any successor, or assignee thereof designated as the Declarant an.a writtei instrument executed by the immediately -preceding Declarant. 2.15 "Design Guidelines". The architectural, design, development, and . othe guidelines, standards, controls, and procedures promulgated by the Declarant�or the Boars including, but not limited to; application and review procedures, as they may be amended fron time to time; including, but not limited to, the Valley Ranch Des sgn:Guidelines 2.16 "Dwelling Unit". All single family residences located withm-�ar building "am used or intended to be used for single-family residential use in conformity with the Governin( Documents, including any garages, carports, open or closed patios and basementsas originall, constructed. 2.17 "Governing Documents". This Declaration together with``the`Articles and By Laws of the Association, any declaration of easements, Covenants to Share Costs, the Desigi Guidelines, Use Restrictions, and any rules, regulations or policies adopted by the Board sha contain the standards for the Properties and the Association. 2.18 "Master Plan". The Master Plan for the development of Valley Ranch file, with the County of Flathead, City of Kalispell, Montana, as it may be amended, updated, c supplemented from time to time. Inclusion of property on the Master Plan shall not, under an, circumstances, obligate Declarant to subject such property to this Declaration nor shall the exclusion of property from the Master Plan bar its later annexation. 2.19 "Member". A Person entitled to membership in the Association as an Owner of a Unit or Lot as designated on the final plat of Valley Ranch. 2.20 "Mortgage". A mortgage, deed of trust, deed to secure debt, or any other form of security deed. 2 `21 "Mortgagee". A beneficiary or holder of a Mortgage. °= 2 2Z "Official Records." The Office of the County Recorder of Flathead County, Montana 2.23 "Owner". Collectively, one or more Persons who hold the legal or equitable title_to any Unit or Lot- as is designated on the final plat for Valley Ranch, of Valley Ranch, but excluding,;Jn`'°all cases anyparty holding an interest merely as security for the performance of an obligation. If a Unit is sold under a contract of sale, the purchaser (rather than the fee owner) will be considered the Owner, unless the contract specifically provides otherwise. 2 24' "Person". A human being, a corporation, a limited liability company, a ( tnership, a trustee, or any other --legal entity: 2:25 "Properties". The real property described in Exhibit "A", together with any ".: additional property annexed and made subject to this Declaration. 2.26 "Reviewing Body". The body authorized to exercise architectural review pursuant to Article 3. 2.27 "Special Assessment". Assessments levied against all Owners to cover unanticipated costs, as more particularly'described in Article 6. 2.28 "Supplemental Declaration". An amendment or supplement to this Declaration filed which `subjects additional property to this Declaration, identifies any Common Area' within the additional property, and/or amends, expressly or by reference, additional restrictions and obligations on the -land described therein. 2.29 "Unit". A portion of the Properties, _whether improved or unimproved, which may be independently. owned and is intended for development, use, and occupancy as an attached or detached residence for a single family. The term shall refer to the land, if any, which is part of the Unit as well as any improvements thereon. 2.30 "Lot". Any portion of the real property which is separately identified on the al plat for Valley Villages, which .can be conveyed, sold or transferred via a warranty deed .,nveying indefeasible title to that particular piece of real property. ;e 2 2.31 "Use Restrictions". The rules and use restrictions adopted by the Board, aE they may be modified, canceled, limited or expanded. ARTICLE 3 ARCHITECTURAL APPROVAL 3.1 General Requirement for Prior Approval. No structure or improvement of an} type whatsoever shall be placed, erected or installed upon any portion of the Properties, nc alterations or improvements of or additions to the existing landscaping, and no improvement; (including staking, clearing, excavation, grading, and other site work, and exterior alteration o- existing improvements) shall take place within the Properties without the approval .of the Reviewing Body, as established pursuant to Section 3.2. In addition to the construction o dwellings and other buildings, it is specifically intended that the placement or positioning of othe. structures (e g_, without limitation, fences, signs, antennae and satellite dishes, clotheslines playground equipment, basketball hoops, pools, propane and other fuel tanks (other than portable gas grills), lighting, temporary structures, solar devices, and artificial vegetation) on the exterior..o' any Unit or other portion of the Properties shall require the approval of the Reviewing Body wick approval shall be consistent with applicable law. Modifications to the interior of screened porches; patios, and similar portions of a Unit visible from outside the structures on the Unit shall be subjec, to this Article. 3.2 Architectural Review. (a) New Construction. Until expiration of the Class "B" Control Period, the Declarant or the Design Review Committee ("DRC"), if one has been establis>.:hed, shal have exclusive authority to administer and enforce the arc hitec#Ural controls, createc pursuant to this Declaration and to review and act upon all applications submitted foi approval. There shall be no surrender of this right prior,:to..,the expiration of *the Class "B' Control Period except in a written instrument executed by Declarant and delivered .to the Board. The DRC, if established, shall consist of at least three persons who shall serve anc may be removed in the Declarant's sole discretion during the Class "B" Control Period anc thereafter shall be appointed and removed by the Board. _ (b) Fees; Assistance. The Board may establish and charge reasonabeE fees for review of applications hereunder and may require such fees t6'be paid in full prio. to review of any application. Such fees may include the reasonable costs incurred it having any application reviewed by architects, landscape architects, engineers or othe professionals (and may also include an additional refundable deposit, all or any portion o which may be retained by the Association if it is determined by the Reviewing Body that the applicant or any Person acting on behalf of the applicant has failed to comply with the Governing Documents). The Declarant and the Association may employ architects engineers, or other persons as deemed necessary to perform the review. The Board mal include the compensation of such persons in the Association's budget as a Common Expense. 3.3 Guidelines and Procedures. (a) Design Guidelines. The Declarant has prepared initial Design Guidelines which shall apply to all matters requiring approval pursuant to this Declaration, which are_;incorporated herein by this reference and shall be maintained by the Board. The Design _ G66 defines, as amended from time to time, may contain general provisions applicable to all of the Properties, as well as specific provisions which vary from one portion of the Properties to another depending upon location, unique characteristics, intended use, the Masfer Plan, and any applicable zoning ordinances. The Design Guidelines are intended to provide guidance to Owners regarding matters of particular concern in ` considering applications hereunder. The Design Guidelines are not the exclusive basis for decisions of the`°Reviewing .Body, and compliance with the Design Guidelines does not guarantee approval of:any application. During the Class "B" Control Period, the Declarant shall have the sole 'ath.ority to amend the Design Guidelines from time to time in its discretion. Thereafter, the DR -have have the authority to amend the Design Guidelines, in a manner consistent with the philosophy for the development of Valley Ranch as set forth in Article Ili, with the consent of the Board, and ratification by the affirmative vote or the written consent, or any combination thereof, of Members representing at least 51 % of the total Class "A" votes. Subject to Article 111, there shall be no limitation on the scope of amendments to the Design Guidelines; the Declarant is expressly authorized to amend the Design Guidelines to remove requirements previously imposed or otherwise to make the Design Guidelines more or less restrictive in whole or in part. The Association shall make the Design Guidelines, as amended from time to time, available to Owners and Builders who seek to engage in development or construction within the Properties, and all such Persons shall conduct their activities in accordance with such Design Guidelines. In the Declarant's discretion, any amended Design Guidelines may be recorded in the Official Records, in which event the recorded version, as it may be amended from time to time, shall control in the event of any dispute as to which version of the Design Guidelines was in effect at any particular time. All structures and improvements constructed upon a Unit shall be constructed in substantial compliance with the plans and specifications for such improvements submitted and approved by the Reviewing Body. So long as the Reviewing Body has acted in good faith, its findings and conclusions with respect to appropriateness of, applicability of, or compliance with the Design Guidelines and this Declaration shall be final. (b) Procedures. Prior to commencing any activity requiring approval under this Article V, an Owner shall submit an application for approval of the proposed work to the Reviewing Body. Such application shall be in the form required by the Reviewing Body and e3 shall include,` but not be limited to, plans -and specifications ("Plans") showing site layout structural design, exterior elevations, exterior materials and colors, signs, landscaping drainage, 'lighting; irrigation, utility facilities layout and =screening therefore and othe features of proposed construction, as required by the Design Guidelines and as applicable The Reviewing Body may require the submission of such additional information as it deem., necessary to consider any application, In reviewing each:submiss!on, the Reviewing Body may consider-whateve reasonable factors it deems relevant,' including, but not limited to, visual and environments impact, ecological and archeological compatibility, natural platforms. and. finish gradE elevation_ , harmony of external design with surrounding structures and environment location in relation to "surrounding structures and :plant' life, compliance with the genera intent of the environmental and design philosophy stated in Article III, and architecture merit. Decisions-,, may be- based purely on aesthetic considerations. ' Each Owne acknowledges that determinations as to such matters are purely subjective and opinion; may vary as to the desirability and/or attractiveness of particular improvements. The Reviewing Body shall, within -the period specified in the Desigr Guidelines, advise the party submitting the same, in writing, at an address sped ied...b� such party at the time of submission, of (i) approval of Plans, or (ii) segments.or features o. the. Plans; which are deemed to._be inconsistent or not rn conformity with this Declaratro and/orthe Design Guidelines. If the Reviewing Body fails to advise the submitting party fj written notice within th1.e period specified 'in the Design Guidelines of either the approval o disapproval and suggestions for curing objections, approval shall be`deemed to have beer denied unless the.. Reviewing. Body fails to respond within "an additional 30 daysr followinc ,z. written request from the applicant, in which case approval shall'be deemed as having "beer given. Notice shall be deemed to have been given at the time the envelope containinc such notice, properly addressed, and postage prepaid, is deposited with the U =S �Potsta - Service,` registered or certified mail, return receipt requested`Personal delivery, electronic and facsimile transmission 'of such written notice shall, however, be sufficient and shall bE deemed to have been given at the time of delivery to the submitting party if construction does not commence on a project for which Plans have beer approved within 180 days of such" approval, such approval shalF deemed withdrawn, anc it shall be necessary for the Owner Ito resubmit'the Plans to they Reviewing- Body fo reconsideration. If construction is not completed on a' project for which"Plans have beer approved within one -and one=half years of such --approval- ,such approval `may, in the soli discretion of the Reviewing Body, be deemed withdrawn, and such incomplete constructior shall then be deemed in Violation of this Declaration 3.4 No Waiver of Future Approvals. Each Owner acknowledges that thf members of the Board and Reviewing Body will change from time to time and that interpretation application and enforcement of the Governing Documents may vary accordingly. Approval o proposals, plans and specifications, or drawings for any work done or proposed; or in connection with any other matter requiring approval, shall not be deemed to constitute a waiver of the right tc withhold approval as to any similar proposals, plans and :specifications, drawings, or other matters subsequently or' additionally submitted. for approval: Should the Reviewing Body permit non- conforming -improvements, it shall not be construed: as a waiver. of future enforcement rights or permission for'future noncompliance. 3.5 _ Variances. The Reviewing Body -may authorize variances or deny approvals (a) when reasonable circumstances dictate, such as unusual topography, natural obstructions, hardship or aesthetic or environmental considerations, and (b) when construction in substantial accordance: with.the variance would be consistent with the purposes of the Declaration and com patible with, existing and anticipated uses of adjoining properties, or_ construction if not di5ap- proved would have a significant detrimental, effect on adjoining properties or Valley Ranch. To that end, a::variar j shall not`be-authorized unless the"Reviewing Body.shall.find, upon sufficient evidence {) that thereare special circumstances or conditions applying to the lot,, building or use referred to in the plans which do n6t4pply to other.propertles withln Valley;Ranch; and, (ii) that .-such special circumstances were not created by the. owner/applicant; and, (iii); that approval.of the variance i`s -necessary for the preservation -and enjoyment of substantial property rights; and, (iv) thatapproval of the variance will not be materially detrimental to the existing and anticipated used of adjoining properties or Valley Ranch.. Notwithstanding the: above, the Reviewing; Body may not authorize variances without the consent of the Declarant during the Class "B" Control Period: 3 6y` Limitation of Liability. Neither the Declarant, the Association, the Board, the - - - - 'C nor any member or officer of the. foregoing; shall bear any responsibility for ensuring` the ;structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements; Neither the Declarant, the Association, the:Board, the DRC, nor any member or officer of any,of the foregoing shall be_ held ;affable for any injury, damages, or loss arising out of the manner or quality of approved construction on or modifications to any Unit. In all such matters, the Declarant, the Board, the DRC and their members and officers shall be defended and indemnified on demand by the Association, including as provided in the By -Laws. - 3:7, Enforcement. All approvals granted hereunder shall be deemed conditioned upon completion `of. all >elements. of .the, approved work and. all' work previously_ approved with respect to .the same Unit, unless approval to ;'modify any application has been obtained. The Association_ shall be primarily responsible for enforcement- of this Article in accordance with the Governing Documents If, however, in the discretion `of the.Declarant, the Association fails to take appropriate enforcement action within a reasonable "time period, the Declarant, during the Class "B" Control Period or.for so long as it:owns. any portion of`the Properties or has a right to annex property pursuant to Section 9.1, shall be authorized to exercise any enforcement rights which could have been exercised by the Association. COMMUNITY GOVERNANCE AND ADMINISTRATION ARTICLE 4 e4 THE ASSOCIATION AND ITS MEMBERS 4.1 Functions of Association. The Association shall be (i) the entity responsible for management, maintenance, operation and control of the Area of Common Responsibility; (ii; the primary entity responsible for compliance with and enforcement of the Governing Documents and (iii) the entity permitted to provide for and fund such community activities and services as deemed necessary, appropriate or desired in accordance with the Governing Documents. The Association shall also be responsible for preparing those statements and certificates requirec under Montana law. Any action, approval, duty or other matter to be performed or undertaken by the Association or the Board under the terms of the Governing Documents may be delegated it writing to any other person if the Board determines such delegation to be in the best interests o. the Owners. The Association shall perform its functions in accordance with the Governinc Documents and Montana law. 4.2 Membership. Every Owner shall be a Member of the Association. There shall be only one membership per Unit. If a Unit is owned by more than one Person, all co Owners shall share the privileges of such membership, subject to reasonable Board regulatior and the restrictions on voting set forth in Section 4.3(c) and in the By -Laws, and all such co Owners shall be jointly and severally obligated to perform the responsibilities of Owners. Th-e membership rights of an Owner which is not a natural person may be exercised only by an.j officer, -director, partner or trustee, or by the individual designated from time to time by the Own( in a written instrument provided to the Secretary of the Association. 4.3 Voting. The Association shall have two classes of membersip:Class "A and Class "B." (a) Class "A". Class "A" Members shall be all Owners except the Clas., "B" Member, if any. Class "A" Members shall have one vote for each Unit in which th.er hold the interest required for membership under Section 4.2 excep# that here shall be only one vote per Unit and no vote shall be exercised for an.y property which is exempt fron assessment under Section 6.11. All Class "A" votes shawl be cast as provided in Sec_tior 4.3(c) below. If a Unit consists of real property which has not been platted into indlvidua Units, the Owner of such Unit shall be deemed to own the number of Units%qual-to the maximum number of individual units permitted for such Unit under the appropriate Maste Plan. (b) Class "B The -sole Class "B" Member shall .be the' Declarant. Thi Class "B" Member may appoint a majority:of`the members of -the Board until,termination c the Class"B" Control Period, as set forth below. Additional rights of°the Class "B" Membei including the right to approve, or withhold approval of, .actions proposed under thi Declaration, the By -Laws ;and the Articles; are specified in the relevant sections of thi Declaration, the By -Laws and the Articles.. _ The Class "B" membership, and thus the Class "B" Control Period, sha terminate upon the earlier of: (1) when 75% of the total number. of U nits permitted under the mos current Master Plan have been conveyed to Owners" other than the Declarant c affiliates thereof; (2) 7 years after the first sale of a Unit or Lot within the reE property. (3) when, in its discretion, exercised in writing and delivered to th+ Board and recorded in the Official Records, the Declarant so determines. ARTICLE 5 ASSOCIATION POWERS AND RESPONSIBILITIES 5.1 Acceptance and 'Control of Association Property. The Association ma, acquire, hold, .and dispose .of, tangible and intangible personal ;property acid realroperty Declarant may convey to the Association improved or unimproved real estate located within the Properties, including personal properly and leasehold and other property interests: Such propert shall be' accepted by the. Association and thereafter shall be maintained as Area of 'Commgl Responsibility by the Association at its expense for, the be its Members - 5.2 Maintenance of the Area of Common ResponsibiIity. 3 =R (a) The Association shall maintain and keep" in good repair tithe Area o Common Responsibility. The Association may also maintain laifijd, improve other propert which it does not `own, including, without_ limitation, arroyos, ditches, water courses wetlands, streams, water courses, and stream ' beds, wildlife habitats,F-and property including any trail systems; that may be dedicated to -public use; if'thej Board determine: that such maintenance is necessary or desirable and if otherwise permittedby applicablf law. 5.3 Maintenance in Public Rights -of -Way. The Association may, in its reasonablE discretion, locate and maintain all improvements that are located within or on public easements o public rights -of -way in accordance with applicable ordinances of the City of Kalispell, Montana and/or County of Flathead, Montana, and the terms of any easements or licenses applicable. Upon termination of the Class "B7 membership, the Declarant shall be.a Class "A" Member, entitled to as°many votes as, it owns Units. (c) - Exercise of Votina'; Rid hts. Except -as otherwise specified in this Declaration or the By-Lawsthe .vote Jor each -Unit. owned bya'Class "A" Member shall, be exercised: by such Owner. In any situation where a`Mernber is entitled personally to exerese'the vote for his or her Unit, and there is more.than one Owner of such,Uhit, the vote:for uch Unit shall be exercised as'the,Co-Owners determine among themselves and adVise,the Secretary of. th— Assacia#ion in.writing prior to the vote being.taken: Absent such advice, the Unit's vote shall be suspended if more than one :Person seeks toexercise it -Unless otherwise Y p$rovided in this Declaration, any act for which the vote of theMembers is required shall be approved if consentedto by those Members whose combined votes constitute more than ercent 50% of all votes attributable to . the Members entitled to vote thereon at an fifty p Y meefing or action in.lieu of a meeting at which a quorum is present. Except as otherwise specifically provided herein, all costs for maintenance, repair and replacement of the Area of Common Responsibility shall be Common Expense . z allocated among all Units as part of the Base Assessment,, Without prejudice to the rig hf of the Association"to seek reimbursement from Persons responsible for such work pursuant to this Declaration, any:Covenant to `Share Costs, other recorded covenants, or agreements With such Persons.' (b) The Association shall maintain the facilities and equipment within the Area, -of Common Responsibility in continuous operation, except for any, periods necessary, -, as determined_Jn the-=sole-discretion.of the-.Board;_to.;perform..required maintenance_or_ repa rs,,unless the Board and the Class`"B" Member, if any, agree in writing -to discontinue such operation. (c) The costs associated withmaintenance, repair and replacement of. the Area: of Common Responsibility shall be'a- Commo-n'Expense; provided, the. Association may: seek.' reimbursement from the Owner(s) of, or other: Persons responsible for, certain portions of the Area of Common Responsibility pursuant to this_ Declaration, any Covenant to: -Share Costs; other . recorded ,'covenants; or :agreements with the owners) thereof. Nothing in. this -- Section 5.2 shall prejudice the right of the. Association to ` seek reimbursement from any: _Person whose 'negligent or wrongful acts or omissions necessitated such repairs or replacement. 5.4 Insurance. To the extent deemed reasonably necessary by the Board, the. s-sociation shall obtain and continue in effect whatever insurance the Board deems necessary, ;e 6 including, but not limited to, property 'insurance, liability insurance, and Directors and officer: Errors and Omissions insurance. 5.5 Compliance and Enforcement. (a) Every Owner :and every occupant of a Unit shall comply with the Governing Documents and all rules, regulations and policies of the Association. The Boarc may Iimpose sanctions rfor violation of the "foregoing, after notice and an opportunity for E hearing in accordance .with the procedures set forth in the By -Laws. -Such sanctions ma` include, without limitation, some or all of the following: (1) reasonable monetary fines (including for failure to gran reasonable permission to enter a Unit as may be reasonably requested by the Association in accordance with this Declaration) which shall constitute a lien upor the violator's Unit. (If any occupant, guest or invitee of a Unit violates the Declaration, the By -Laws or any rule or regulation and a fine is imposed, the fine shall first be assessed against the occupant; provided, however, if the fine is no paid by the occupant within the time period set by the Board, the Owner shall pal (6) requiring an Owner, at its own expense, to remove any structure or improvement on such Owner's Unit or Lot in violation of Article 3 and to restorE the Unit to its previous condition and, upon. failure of the Owner to do so, the Boar or its designee shall have the right to enter the property, remove the violation anc restore the property to substantially the same condition as previously existed an( any such action shall not be deemed a trespass; _ (7) without liability to any Person, precluding _ any dJ tractor subcontractor, agent, employee or other invitee of an Owner who fails to comply Witt the terms and provisions of Article 3 from continuing or perFormng any ,Oft he activities in the Properties; and - - (8) levying Benefited Assessments to cover costs;ancurred by. the Association to bring a_ Unit into compliance with the Governing Documents. (b) In addition, the Board may take the following enforcement procedure: to ensure compliance with the Governing Documents without the ne:cessityrof complianc( with the procedures set forth in the By -Laws: (1) exercising self-help in any emergency situation; and (2) bringing suit at law or in equity to enjoin any violation or tc recover monetary damages or both. All remedies set forth in the Governing Documents shall be cumulative of an,, remedies available at law or in equity. In any action to enforce the provisions of the Governing Documents or any rule or regulation, the Association shall be entitled to recove the fine upon notice from the Board). Such fines shall be levied in accordance with applicable law. (2) suspending an Owner's right to vote; (3) suspending any Person's right_ to use any recreational facilities Within the Common Area (provided, however, nothing herein shall authorize the Board to prohibit ingress or egress to or from.a Unit); (4) suspending any services provided by the Association to an Owner or the- Owner's Unit if the Owner is more than 30.days delinquent in paying any assessment or other charge owed to the Association; (5) exercising self-he_Ip or taking action to abate any violation of the Governing°:Documents in a. non -emergency situation (specifically including, but not limited to, the towing of vehicles that are in violation of any applicable parking rules and regulations); , including, without limitation, attorneys fees and court costs, reasonably incurred in sucnaction. The Associatiion shall not be obligated to take action to enforce any covenant, :restriction, or rule which the Board reasonably determines is, or is likely to be construed as, inconsistent with the applicable law, or in any case in which the Board reasonably determines that it would not be economically prudent or would otherwise not be of sufficient benefit to the Association to justify taking enforcement action. Any such determination shall not be construed a waiver of the right of the Association to enforce such provision at a later time under other circumstances or stop the Association from enforcing any other covenant, restriction -or-rule.- The Association shall have the right to enter private property to enforce rules, after written notification, such as to manage weeds, correct drainage issues, service easements, maintain fencing, and -.inspect the grounds or activities. if violations are found the Association shall have. the right to 1) fine the negligent. Owner per day for said continued violation and the fines shall be a continuing lien upon the Owners property, 2) correct the violation and charge the. Owner -Lot Owner for the reasonable cost thereof, and/or -maintain any action in law or equity for enforcement of the covenants. 5.6 Implied Rights: Board Authority. The Association may exercise any right or privilege given to it expressly by the Governing Documents or which may be reasonably implied from, or reasonably necessary to effectuate, any such right or privilege. Except as otherwise spe- cifically provided in the Governing Documents, or by law, all rights and powers of the Association may be exercised by the Board without a vote of the membership. e7 5.7 Disclaimer of Liability. Neither .the Association, the Board, any officers o committee members -of the Association, the Association's management company, the Declarant nor any successor Declarant shall be liable or responsible for any personal injury, illness or an) other loss or damage caused by the presence or malfunction of utility fines, or utility sub -station; adjacent to, near, over, or on the Properties. Each Owner and occupant of a Unit and_ eact tenant, guest, and invitee of any Owner, Declarant, or occupant shall assume all risk of persona injury, illness, or other loss -or damage arising" from the presence or malfunction of utility lines utility sub -stations, and electromagnetic fields and further acknowledges that the`Association, the Board, the officers of the Association, the management company of the Association, the Declaran or any successor Declarant have made no representations or warranties, nor has any Owner o occupant, or any tenant, guest, or invitee of any Owner, Declarant, or occupant relied upon an) representations or warranties, expressed or implied, relative to the condition or impact of utility lines or utility sub -stations, or electromagnetic fields. No provision of the Governing Documents shall be interpreted as creating a duty o the Association, the Board, the officers of the Association, the management company of the Asso ciation, the Declarant nor any successor Declarant to protect or further the health, safety or wel fare of any Person(s), even if the funds of the Association are used for any such purpose. Each Owner (by virtue of his or her acceptance of title to his or her Unit) and east other. Person having .an interest in or lien upon, or making any use of, any, portion of the Propertie (by virtue of accepting such interest or lien or making such use) shall be bound by this Section 5.° ARTICLE 6 ASSOCIATION FINANCES 6.1 Budgeting and Allocating Common Expenses. Not less than=.30 days .bef the beginning of each fiscal year, the Board shall prepare a budget coverin"g the "Comer Expenses estimated to be incurred during the coming year. The budget may: include _a rese fund as provided below. The Base Assessment shall be levied equally against all Units" subject tc assessment and shall be set at a' level which is reasonably expected�to_ produce tot a_I receipts fo the Association equal to the total budgeted Common Expenses,4 including contributions tc reserves. In determining the level of assessments, the Board, in its discreron, may consider othe 7.sources of funds available to the Association. In addition, the Board shall<ake rnto`account the number of U►ilts subject to assessment under Section 6.9 on the- first day of'the fiscal year fo which the budget is prepared and the number of Units reasonably anticipated' to become subjec to assessment during the fiscal year. The Declarant may, but shall not be obligated to, reduce the Base Assessment fo any fiscal year by payment of a subsidy (in addition to any amounts paid by Declarant unde Section 6.4), which may be either a contribution, an advance against future assessments due fron the Declarant, or a loan, in the Declarant's discretion. Any such subsidy shall be -disclosed as and shall be deemed to have waived any and all rights, claims, demands -and causes of action against the Association, the Board, the officers of the Association, -the Association's management company, the Declarant and any successor Declarant arising from or connected with any matter for which the liability has been disclaimed. 5.8 Security. It is the goal of all Owners, including Declarant, to have a safe and healthy environment.. The Association may, but shall not. be obligated to, maintain or support certain activities within the Properties designed to make the Properties safer than they otherwise might" be; provided, .-neither the Association, the Board, the officers of the Association, the Asso- ciation's management company, nor the Declarant or any. successor Declarant, shall in any way be considered insurers or guarantors of security within. the Properties. Neither the Association, the Board,. the officers of the Association, the Association's management company, nor the 'De- clarart or -any successor Declarant shall be held liable for any loss or damage for failure to provide adequate- security or fornthe ineffectiveness of security measures undertaken. 5.9 Pedestrian Trail System Open to the Public. All Owners hereby acknowledge that hiking, bicycle, pedestrian or similar type trail system or systems located within all or a portion of the` Properties may be maintained by the Association, and may be open for the use and enjoyment of the public in accordance with any applicable rules, regulations and ordinances of the City of Kalispell, Montana and/or County of Flathead, Montana. Irne item n the Common Expense budget. The payment of such subsidy in any year shall not obli- gatetheDeclarant to continue payment of such subsidy in future years. Notice of assessments shall be posted in a prominent place within the Properties jand included in the Association's newsletter, if any. If the Board fails for any reason to determine =fihe budget for any year, then and until such time as a budget shall have been determined, the budget in effect for the immediately preceding year shall continue for the current year. 6.2 Budgeting for Reserves. The Board shall prepare, on an annual basis, reserve budgets which take into `account the number and nature of replaceable assets, the expected life `of each asset, and the expected repair or replacement cost of each asset. Such reserve budgets may also anticipate making additional capital improvements and purchasing additional capital assets. The Board shall include in the Base Assessments reserve contributions in amounts suffiicieritto meet these projected needs, if any, as well as reserves to meet any other reasonable purpose, including reserves for delinquent assessments. The Board may adopt resolutions, regarding the expenditure of reserve funds, including policies designating the nature of assets for which reserve funds may be expended. During the Class "B" Control Period, neither the Association nor the Board shall adopt, modify, limit, or expand such policies without the Declarant's prior written consent. p8 6.3 Authority to -Assess Owners, Time of Payment. The Association -may ;Iev assessments against each Unit for. Association expenses as the Board may specifically authorize from time to time. There shall be four types of assessments for Association expenses: (a) Basi Assessments; (b) Special `Assessments; `and' (c) Benefited -Assessments. Each `Owner, b acquiring legal or equitable title for any portion of the Properties, is deemed to -covenant and:agre, to pay these assessments: Assessments shall --be paid in . such manner and by such dates .as the Board ma establish. If any Owner is delinquent In`paying any assessments or other charges levied on his c her Unit, the Board may assess a late charge and require unpaid -installments of all outstandirn assessments to be paid irrfull immediately. 6.4 Declaranfs'Option -to Fund Budget Deficits. During the Class "B" Contrc Period, Declarant may annually elect either to pay`assessments on all of its unsold Units onto pa the shortage (or operating deficit), if any, for such fiscal year; -provided however, Declarant sha not be responsible for any shortage resulting°from the failure of any Owner 'to -pay assessment applicable to such Owner. Such "shortage" shall be deemed to exist if Income and Revenues, a defined in paragraph (a) below, are less than Expenditures incurred, as defined in paragraph (t below. _._Income and, Revenues are: the amount of all income and revenue c any kind received and/or earned by the Association, excluding refundable deposits. - (b) Expenditures are: the amount of all actual operating :;expense incurred, or obligated for, by the Association during the fiscal year, including ariy reserv, 6.6 . Benefited Assessments, The Board may levy Benefited Assessments again; particular Units for -expenses incurred or to be incurred by the Association as follows (a) to cover the. costs or reasonable portion. thereof, mcludi4,= verhea and administrative costs, of providing benefits, items, or _Services to the U.. it or -occupant thereof upon request of the Owner pursuant to a menu of special services iirhich the Boar .. may from time to time authorize, which assessments 'may be levied in advance` of th provision of the requested, benefit, item or service' as a deposit :against charges to b incurred by the Owner; and M1 L tR (b) to cover costs incurred (including -overhead and aO.-istrative costs) i r bringing the Unit into compliance with the Governing Documents- or costs incurre (including overhead and administrative costs) as a consequence of the conduct of th Owner or occupants of the Unit, their licensees, invitees, or guests; provided, the Boar shall give the Unit Owner prior written notice and an opportunity. for a hearing befor levying a Benefited Assessment under this subsection, (b). 6.7 Personal Obligation. Each Owner is deemed to covenant and agree to pa all assessments authorized in this Declaration (and, with respect to Units owned jointly, all suc contributions for such ,-year-, : but exciudl.ng all non -cash. expenses such as depreciation or amortization; all expenditures and reserve contributions for making additional capital improvements or purchasing additional capital assets, and -all expenditures made from reserve funds. .(c) Unless the Declarant otherwise notifies the'Board in writing at -least 60 days before the beginning of each fiscal .year, the. Declarant -shall be deemed to have elected to continue paying -on the :same basis as during.the immediately preceding fiscal year. The�Association is specifically authorized to enter into subsidy contracts or contracts for I kind" contribution of services, materials, or a `combination of services and materials with the Qeclarant or other entities for payment of Common Expenses: After termination of the Class 'YB".Control Period, the Declarant shall pay.assessments on its unsold Units iri the same manneTias any other Owner. 6:5 Special .Assessments. In addition to other authorized assessments,. the Board :_ levy Special Assessments, from time to time to cover unbudgeted expenses or may expenses m' excess of those budgeted, including sums expended on capital -type items, to the extent not included within Base Assessments. Such Special Assessment may be levied against the enure membership, if - for Common Expenses. Such Special Assessments shall become effective unless disapproved by the Declarant during the Class"B" Control Period within 60 days -,following the I --- v of such assessment. Special Assessments shall be payable. in such manner at such times as determined . by the Board and may- be payable in ins#ailments -extending `,beyond the `fiscal yearIn which the Special Assessment is approved. Owners are deemed to covenant and agree to pay assessments jointly and severally). All assessments, together with interest from the due date of such assessment at the rate of 15% or highest rate allowable under Montana law, per annum.unless a different rate is determined by the Board,_ reasonable late -.charges established by_Board, _costs, and_ attorneys fees, :shall -.be the_-_ . personal obligation, of the Person who was the .Owner of such Unit at the time the assessment arose. Upon a transfer of legal or equitable title to a Unit, the grantee shall be jointly and severally liable for any assessments and other charges due -at the time of conveyance. However, no first Mortgagee who obtains title to a Unit by exercising the remedies provided in its Mortgage shall be liable for unpaid assessments' which accrued prior #o such acquisition of title. No Owner may exempt hirrmself from liability.for assessments by non-use of Common Area, abandonment of his Unit, or any -other means. The obligation to -pay assessments is a separate and independent covenant on the part of each Owner.` No diminution .or abatement of assessments or set-off shall be claimed 1.'or, allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. The Board shall, upon written request, furnish to any Owner liable for any type of s` sessment or its Mortgagee a certificate. in writing signed by, an officer, of the Board or its .,Lsignated agent setting forth whether such assessment has been paid and the amount of any 7e unpaid assessments, within the time periods 'prescribed.bylaw. A prope rly:executed certificate c the Board as to the statusof assessments on a -Unit will be binding'on the Board as of the date o 6.8 Lien for Assessments. All assessments shall constitute a lien against the Un' against which they are levied until paid unless otherwise specifically precluded in this :Declaration The'. lien shall also secure payment of all interest, "late charges, costs of collection and such liei shall be superior to all other liens, except (a) the liens of all taxes, bonds, 'assessments; and othe levies which by law would' be superior,' and (b) the lien or charge of any first Mortgage of recorc (meaning any recorded Mortgage with `first priority over other. Mortgages) made in good faith an( for value. By recordation of this Declaration, the Association is granted a perfected, consensus and continuing° lien upon each Unit against which an assessment is made or has.been' incurred'fe the payment of amounts due pursuant to this Declaration'; and any further recordation of any clair of lien or notice of lien is not required for perfection or enforcement of the Association's lien fc assessments and other such amounts.. The Association may enforce such lien, when, an assessment or other charge is delinquent, or take any other action either independently c simultaneous to the extent permitted at law or in equity, including the foreclosure of any said liens The Association may bid for the Unit at the foreclosure sale and acquire, hold, lease mortgage, and. convey the Unit. While a Unit is owned by the Association following foreclosure:,.JE no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (e each other Unit shall be charged, in addition to its usual assessment, its equal pro rata share c _. the assessment that would have been charged such Unit had it not been acquired by the Associc tion. The Association may sue or take any other action permitted of law or in equity for unpai Common Expenses and costs without foreclosing or waiving the lien securing the�s4a e 6.11 Exempt Property. The following property shall be exempt from payment c assessments: (a) all Common Area; and, b all property dedicated to and acre ted by an overnmenta1 autharii or public utility. } In addition, the Declarant and/or the Association shall have the righfbut not th obligation, to grant exemptions to certain Persons qualifying for tax-exempt status under Sectic 501(c) of the Internal Revenue Code so long as such Persons own and operate,<property subjel to this Declaration for purposes listed in Section 501 (c) and for the purposes for which suc exemption was granted. y `: COMMUNITY DEVELOPMENT ARTICLE 7 EXPANSION AND REDUCTION OF THE COMMUNITY issuance of the certificate and for -the time periods. specified in the certificate. Payment of a processingfee for the issuance of such certificate may be required. The sale or transfer of any Unit shall not affect the assessment lien or relieve such Unit from the lien for any subsequent assessments. However, a Mortgagee holding a first Mortgage of record. or other purchaser'of a Unit who obtains title pursuant to. foreclosure of the Mortgage shall not be personallyliable for assessments on-such`Unitdue prior to such acquisition of title. Such unpaid assessments- shall' be deemed to be Common. Expenses collectible from Owners of all Units"subject to assessment, including'such acquirer; its successors and assigns. 6 9,_ Date of 'Commencement of Assessment Obligations. The obligation to pay assessments shall commence as10 each Unit on the`first day of the month following: (a) the date the Unit is; made£ subject to this Declaration, or (b) the date the Association first determines a budget and levies assessments pursuant to this Article, whichever is later. The first annual Base Assessment against each Unit _shall be adjusted according to the number of months remaining in the.fiscal year at the time assessments commence on the Unit. 6.10 Failure to Assess. Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. In such event, each 'Owner shall continue_ o pay assessments on the same basis as for the last year for which an assessment s made, .ff "any, until a new assessment is made; at which time the Association may •_:retroact- ely assess any shortfalls in collections. 7.1 Expansion by the Declarant. Declarant may from time to time, subject to the provisions of this Declaration, incorporate all or any portion of the real property located adjacent to or in the vicinity thereof by filing a Supplemental Declaration in the Official Records describing the additional property to be.subjected. A Supplemental_ Declaration filed -,pursuant to this Section shall not require- the consent of any Person 'except the owner of such property, if other than Declarant. The Declarant's right to expand the community pursuant to this Section shall expire upon termination of the 'Class "B" Control`Period or 20 years after the recording of this Declaration in the Official Records, whichever is earlier: Nothing in this Declaration shall be construed to re- quire the Declarant or any successor to subject additional property to this Declaration or to de- velop -any other property in any manner whatsoever-.,.- 7.2 Expansion by the Association. The Association may, also subject additional property to the provisions of this Declaration by filing a' Supplemental Declaration` in the Official Records describing the additional property. Any, such Supplemental Declaration shall require the affirmative vote of Members "representing a majority of the Class "A." votes of the Association and the consent of the owner of the additional property. In addition, during the Class "B" Control riod, the consent of the Declarant shall be necessary. The Supplemental Declaration shall be ;10 signed by the President -and .Secretary -of the' Association, by the owner of the additional property and by`Declarant, if Declarant's consent is necessary. 7.3 Additional Covenants .-and -Easements. - The Declarant may subject -an portion of the Properties to additional covenants and easements, including -covenants oblgatin. the Association to maintain and insure such property and authorizing the Association to recover -it costs through'Assessments. Such additional covenants and easements may be set forth either-i a 'Supplemental, `Declaration .subjecting such property to this 'Declaration or in a separat Supplemental Declaration referencing 'property previously .subjected -to this -Declaration. If th property is owned by :someone other _than Declarant, -then the consent. of the,:-Owner(s) shall ' b necessary and. -shall .be evidenced by:their-execution of -.the Supplemental ::.Declaration. Any suc Supplemental.Declaration may supplement, create'exceptions to, or.otherwise modify the terms c this Declaration as it applies to the subject property in order to` reflect the different character -an intended use of such property. 7.4 Effect offiling Supplemental Declaration. Any Supplemental Declaration file pursuant to'°this Article shall be effective -upon recording in the Official: Records unless otherwis specified in -such Supplemental Declaration.'` °On the effective date of the Supplemental Declare tion, any additional property subjected to this Declaration shall be assigned voting rights in th Association and assessment liability in accordance with the provisions of this Declaration. 7.5 De *annexation of Property, .Declarant reserves the right to de -annex any rep prop erty'from`the terms of'this Declaration at any time during the Class "B"'Control Period withoL prior notice and without the consent of any Person, for the purpose of removing such real properl from the coverage of this Declaration or clarifying that such -property is no longer subject t r= annexation, provided such action=is not- materially adverse to the overall, .uniform scheme of de velopment for the Properties: If Declarant elects to de -annex `any property, D_ larant shall, recor -- = The .Declarant and its employees, agents and designees sha IF; a right -an easement over and upon all of the Common Area for the purpose of making, constructing and it stalling such improvements -to the'Common Area as it deems appropriate in its sole discretion > v r °.. r 8.3 Other Covenants Prohibited. No Person shall: record any declaration c covenants, conditions and restrictions, or 'declaration of 'condominium. or similrar nstrumer affecting any portion of eriod the Properties -during the Class "B" Control P- without Declarant written consent. Any attempted recordation without such consent shall result m such instrumer �. being void and of no -force and effect -unless -subsequently approved by recorded consent signe by the Declarant. .:; 8.4 Right to Approve Changes. Notwithstanding any contrary provision of th' Declaration, no amendment to or modification of any rules, use guidelines or restrictions, c Governing Documents affecting the Properties shall be effective without prior notice to and th Written approval of the Declarant during the Class."B" Control Period. a Supplemental Declaration in. -the- Official Records!...A change. in the. Owners percentage in Common Elements.shall not be a material adverse change.. ARTICLE 8 RIGHTS RESERVED TO DECLARANT 8 1 : Construction of Improvements. The Declarant and. its employees, agents. -and designees Shall have aright and easement over and upon all of the Common Area for the purpose of making, constructing, _installing, -modifying, expanding, replacing, and removing any improve - menu to the Comrnon.Area as it deems appropriate in its sole discretion. 8.2 Righf. o Use Common Area. The Declarant and its designees -may maintain - and carry'on upon portions of the Common' Area such :facilities and_ activities as, Jn the sole opinion ofahe .Declarant, may be required,_ convenient, or incidental to the construction or sale of Units,`LLrncluding, but not limited to, business offices, signs, model Dwelling Units, and sales offices. The Declarant and its designees shall have easements for access to and use of such facilities. ry The:Declarant and its -designees, during the course of construction on`the Properties 3 acent to any Common Area; -may use such Common Area for temporary storage -and for tac�litatmg construction. on adjacent-,propeity.; The user of such. Common -Area ;Will return the Common'Area to the condition it was in prior to .its use.: 'If the `Declarant use under this Section results -in additional costs to he Association, :the iDeclarant :shall reimburse the Association for such costs, but the Declarant shall not be obligated to payany use fees; renor similar charges t for s use of Common Areas pursuant to this Section, n- 8 5 Ri 'hg t to Transfer or. Assign Declarant Rights. Any or all of the, rights and obiigations .of-the,._Declara.nt set forth In this_Declaration may be transferred; to other Persons._ No such transfer shall'be effective unless it is in a:written instrument signed by.the Declarant and duly recortle-d in the�Official Records. 8.6 Amendment This. Article 'shall :not be amended without tfeprior written consent of Deciarant during the Class 'B": Control Period..:The rights contained in this Article shall 'terminate.upon the earlier: of. (a) 50_years'af#er the conveyance of the first Unit to an Owner, or (b) the recording by Declarant of a written statement terminating such rights. Thereafter, the - Declarant and: its designees may continue to use the Common Area for purposes stated in this _ Article only pursuant to`a.rental or lease agreement between the Declarant and/or such designee and the Association. PROPERTY RIGHTS WITHIN THE COMMUNITY dj ARTICLE 9 -EASEMENTS - 9:1 Easements in Common` Area. Every Owner. shall have -a right a : nonexclusive easement of. -use, access'; and enjoyment An and to .the Common Area, and sucl right and nonexclusive easement shall be appurtenant to, such Owner's Unit, subject to: (c) `The right..of the Board'to.adopt-rules, regulations or policies regulatin( the use and enjoyment of ;the Common.Area including rules restricting use of recreatianz facilities within;the Common Area to owners of Units and`their guests, and ruleslimiting`th( number of,occupants'and guests who may use the'Common Area; (d) The right of the Board to suspend the right :of an Owner to use recreational facilities withinthe Common Area; . (e) : The right of the Association to dedicate or transfer all or any part of the Common Area to °governmental entities; (f) The right of the Board to impose reasonable membership requirement; and charge reasonable membership, admission, or other fees for the. use of an recreational facility situated upon the Common Area; The ri ht of the Board to` ermit use of any Common Area recreations! (9) .. _gp educational, or cult ural�facilities by non -owners, their families, lessees, invitees and guests 9.2 Easements of Encroachment. Declarant reserves unto itself easements c encroachment, and easements for maintenance and use of any permitted encroachment`betweei each-Unit.and any adjacent Common Area and betweenadjacent Units due to the uninfentione placement or. settling° or' shifting of the improvements .constructed, reconstructed, r aitere� thereon- (in accordance - with this`- Declaration) to is distance =of notmo�e than- three feet;= a measured from an oint on the .commo-n bounda p y p ry along a Ime Perpendicularo such boundary However, in no `event shall `an easement for encroachment exist �f such encroachment occurei due`: o willful and knowing conduct on the part of the Declarant. Additionally, Declarant reserve; easements of encroachment (not more than one foot in distance from any Unit bou11 line) fc Unit: Owners, if the encroachment was' unintentional and - the encroaching item .or structure wa builf in substantial conformity with` plans approved by the appropriate Reviewing Body pursuant ti Article 3. 9.3 Easementsfor Utilit'ies,'Etc: Declarant reserves unto itself, and grants to th+ Association, an easement for th.e purpose of access and maintenance upon,. across, over; an under all of the Properties. to:the extent reasonably necessaryto install; replace, repair, ani maintain cable television .systems, master television antenna systems, security and - simila systems, roads, walkways, bicydle pathways, trails, lakes,` ponds, streams or other watercourses wetlands; drainage systems, street lights, signage, and all utilities, including, but not limited tc water, sewers, meter boxes, telephone, gas, and electricity. The Declarant andlor the Association right of ingress and egress over the Common Area for construction of roads and for connectinc and installing utilities on such property. Declarant further agrees that if the easement is exercisec for permanent enjoyment and use of and/or access to such property, and such -property or an) portion thereof is not made subject to this Declaration, the Declarant shall enter into a reasonabeE 9.5 . Easements -for Cross=Drainage: Every Unit and the Common Area shall bE burdened with easements for natural drainage of storm water runoff from other portions -of the Properties; provided, no Person shall, discharge any water, backwash any pool, spa. or similar im provements, or alter the natural drainage on any Unit to increase materially the drainage of storn water onto adjacent portions of the Properties or the Common Areas without the consent of the Owners) of the_ affected property; the Board, and the Declarant during the Class "B Contrc Period: . 9.6 Right of Entry. The Association shall have the right, but not the obligation and a perpetual easement is hereby granted to the Association, to, enter all portions -of the Properties, including each Unit, for emergency, security, and safety reasons. Such right may be exercised by the authorized agents of the Association, its Board, officers or committees, and by a police officers, fire fighters, ambulance personnel, and similar emergency personnel .in the performance of their duties. Except in emergencies, entry onto a Unit shall be only durini reasonable hours and after notice to and permission from the Owner thereof. This easemer includes the right to enter any dwelling on any Unit to cure any condition which increases the rsl of fire. or -other -hazard_ if an Owner fails_ or _refuses to cure the condition within a reasonable tim, __... i . after request by the Board, but does not authorize entry into any Dwelling Unit without permiss'ioi of the Owner, except by emergency personnel acting in their official capacities. Public provider of emergency services shall have access to Units in an emergency as provided by state law anc if applicable, City of Kalispell, Montana and/or County of Flathead, Montana; opErrating policies. 9.9 Easements for lake and Pond Maintenance and Floodwater. "Declarant re serves for itself, the Association, and their successors, assigns, and designees, the nonexclusiv right and easement, but not the obligation, to enter upon the arroyos, lakes, ponds; rovers, stream and wetlands located within the Area of Common Responsibility: to, without Iimitation,u (s x z.; construct, maintain, and repair wells, pumps and water distribution facilities rnorder =fo provid water for the irrigation of any of the Area of Common Responsibility; (b)'construct, maintain, an repair any bulkhead, wall; dam, or other structure retaining or channeling water,'Iand (c) 06v trash and other debris therefrom and fulfill their maintenance responsibilities as providedY in`thi Declaration. Declarant, the Association, and their successors, assigns and designees shall hav an access easement over and across any of the Properties abutting or containing any portion c any of the arroyos, lakes, ponds, rivers, streams, or wetlandsto the extent�reasonably necessai to exercise their rights under this Section. There is further reserved herein for the benefit of Declarant, the Association, an their successors, assigns and designees, a perpetual, nonexclusive right and easement of acces and encroachment over the Common Area and Units (but not the dwellings thereon) adjacent to c within one hundred feet of arroyos, lake beds, ponds, rivers, streams and wetlands within th Properties, in order to (a) temporarily. flood and back water upon and maintain water over suc portions of the Properties; (b) fill, drain, dredge, deepen, clean, fertilize, dye, and general maintain the arroyos, lakes, ponds, rivers, streams, and wetlands within the Area of Commc agreement with the Association to share the cost of maintenance of any access roadway serving such property. 9.7 Easements for Maintenance and Enforcement. Authorized agents of the Association, shall have the right, and a perpetual easement is hereby granted to the Association, to enter all portions of the Properties, including each. Unit to (a) perform its maintenance responsibilities, IF'any, and (b) make inspections to ensure compliance with this Declaration. Except imemergencies, entry onto a Unitshall be only during reasonable hours and after notice to and permission from the Owner. . This_ easement shall be exercised with a minimum of interference to the gyuiet enjoyment to Owners' property, and, any physical, damage caused by the Association shall be repaired by the Association at its expense. The Association also may enter a Unit to abate or remove,, using such measures as may be reasonably necessary, any structure, thing or- condition whicfi'violates the-Governing'Documents =9.8 Rights to Storm Water Runoff, Effluent and Water Reclamation. Declarant hereby reserves for itself and its designees, all rights to ground water, surface water, storm water runoff, and, effluent located or produced within the Properties. Such right shall- include an easement over the Properties for access, and for installation and maintenance of facilities and Pouipment to capture and transport such water, runoff and effluent. This Section may not be ,ended without the consent of the -Declarant-or its successor, and the rights --created in this Sectronushall survive termination of this Declaration. Responsibility -subject to the approval of all appropriate regulatory bodies; (c) maintain and landscape the slopes and banks pertaining to such arroyos, lakes, ponds, rivers, streams, and wetlands; and (d) enter upon and across such portions of the Properties for the purpose of exercising,their- rights under this Section. All. Persons entitled to exercise these easements shall use reasonable care in and repair any damage resulting from, the intentional exercise of the rights granted under such easements. - Nothing herein shall be construed to make Declarant, the Association, or any other Person liable for damage resulting from flooding due to heavy rainfall, or other natural occurrences. 9.10 Easement for Use of Private Streets. The Declarant hereby creates a perpet- ual; nonexclusive easement for access, ingress and egress over the private streets within the Common Area (and any Exclusive Common Area), for law enforcement, _fire fighting, paramedic, rescue and other emergency vehicles, equipment and personnel; for school buses; for U.S. Postal Service delivery vehicles and personnel; private delivery or courier services; and for vehicles, equipment and personnel providing garbage collection service to the Properties; provided, such easement shall not authorize any. such Persons to'enter the Properties except while acting in their official capacities. 9.11 Easements for Tax Exempt Organizations. Tax-exempt organizations desig- r.ated or established by the Declarant or the Association to maintain or assist in the preservation -113 J s 14 11.14 All utilities and maintenance areas shall be screened in such a way that said areas and amenities cannot be seen from the public right of ways. 11..15 No Lot shall be further subdivided without Declarant's prior written approval. ARTICLE 12 DISPUTE RESOLUTION AND LIMITATION ON LITIGATION 12.2 Claims. Unless specifically exempted in this Article, all Claims arising out of or relating to (i) the interpretation, application or enforcement of the Governing Documents, or (ii) the failure of the Declarant, the Association or the. Board to properly conduct elections, -give adequate notice of meetings, properly conduct meetings, allow inspection of books and records, or establish adequate reserve funds or (M) the authority of the Association or the Board to take or not take any action under the GoverningDocuments; or (iv) the performance or non-performance by any Bound Parties of any of the respective obligations or responsibilities under the Governing Documents to or on behalf of any other Bound Parties; or (v) the rights, obligations and duties:oi any Bound Party under the Governing Documents or relating to the design or construction of improvements on the shall be subject to the provisions of Section 11.3. Notwithstanding the above, unless all parties thereto otherwise agree, the following shall not be Claims and shall not be subject to the provisions of Section 11.3: (a) any action or suit by the Association to enforce the provisions'of Article 6 (Association Finances) including, without limitation, actions taken to enforcethe collection of any assessments, to enforce or foreclose any lien in favor of the As'sociation, or tc determine the priority of any lien for assessments; -; (b) any suit by the Association to obtain a temporary ;or permane-ni restraining order (or emergency equitable relief)` and s'uclfQ.th,er ancillary relief as the couri may deem necessary in order to maintain the status quo and ,preserve the Associafiion's ability to enforce the provisions of"Article'3 (Architectural Approval), With the consent of all parties thereto, any of the above maybe submitted to the alternative dispute resolutionprocedures set forth in Section 11.3. =; 12.3 Mandatory Procedures. (a) Notice.. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent") (collectively, the "Parties") shall notify each Respondent in writing and provide a copy to the Board (the "Notice"), stating plainly and concisely: 12.1 ;Agreement to Avoid Litigation. The Declarant, the Association, its officers, di- rectors, and committee members, all "Persons subject to this Declaration (including Owners, their family members and tenants), and any Person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, "Bound Parties") agree to encourage the amicable resolution of disputes - involving the Properties, without the emotional and -financial costs of litigation. Accordingly, each'Bound Party covenants and.agrees that.specified claims, grievances, controversies, disagreements or disputes described in this Section ("Claims") shall be resolved using alternative dispute resolution procedures in. lieu of filing suit in any court, provided that the term "Claim" shall`bot include the acts of the Association and its agents to enforce the terms of this. Declaration. (c)_ any suit between Owners, which does not include Declarant or the 5sociation as aparty, if such suit asserts a Claim which would constitute a cause of action dependent of the G_ove-rning Documents; (d) fany claim, grievance, controversy, disagreement or dispute that primarily involves (i) title to any Unit or Common Area, (ii) the interpretation or enforcement of any express or implied warranty made in connection with the sale of a Unit; (iii) the eviction of a tenant from a Unit, or (iv) and employment matter between the Association and any._employee of the Association; (e). any action taken arising out of any separate written contract between Owners, between Declarant and any Owner, or between Declarant and any Builder that Would constitute a cause of action under the laws of the State of Montana in absence of the Governing Documents (f) any suit in which any indispensable party is not a Bound Party; and (g) any suit as to which any applicable statute of limitations would -.expire within=180 days of giving the Notice required by Section 11.3(a) unless the party or parties against whom the Claim is made agree to toll the statute of limitations as to such Claim for such period as may reasonably be necessary to comply with this Article. (1), the nature of the Claim, including the date, time, location, Persons involved and Respondent's role in the Claim; (2) the legal basis of the Claim (i.e., the specific authority out of which the Claim arises); (3) Claimant's proposed remedy; and (4) that Claimant will meet with Respondent to discuss in good faith ways to resolve the Claim. 15 Negotiation and:Mediation: The Parties ahall make every reasonable effort :to meet in ,person `anc confer for the purpose of resolving"the`Claim'by good faith negotiation.-If;requestec in -writing by the Board; accornpanied:by a copy�of the�Notice; the Board may appoin axepresentative to assist the.Parties. in. negotiation 'if-the-.Parties.-o not resolve .the:; Claim within :30 days of the date of.thE ,. Notice (or within such. other °period'.as may =be agreed upon- ;by the Parties ("Termination -of Negotiations"); Claimant shall have 30:additional:days: to submit the .Any.-settiement.of the Claim through .mediation shall be:documented i-r writing by the mediator and signed -by the Parties. If -the Parties do not -settle the Claim :within 30 days'. after sub mission 'of the matter to.ttie mediation, or within -suet time as determined by the mediator, the mediator shairissue.a:notice of terminatio_r of ;the mediation .proceedings ("Termination .of `Mediation"). _ The.'Termination_ o' Mediation notice shall set forth when and where the Parties met, that the. PartiesarE at 'an impasse, -tlie:.nature ofthe impasse; and the date that mediation _wa- terminated. The Termination.of Mediation may also establish any undisputed .factua findings 'or agreed resolutions, as agreed upon by=the Parties. All mediation discussions 'are: privileged and confidentisil.% is are not Parties .are not' allowed to :attend 'the "mediation "conference without thf consent.of the :Parties Ary mediation -resolution may be enforced in a court of law Each of the Parties.to a Claim.wll bear its own costs incurredprior to and during the negotiation and . mediation proceeding described _herein, including the fees. of it: . achParty to a Claimwilshe .: ll ll osts:0attorne or otherre resentative Earaa the mediator and, if and to the extent _required, will ,,pay its respective share of'thE costs . in advance . of . the` mediation : as a condition to its cont►nuati-61 of f7thE . Claiprosecution or.defense of them . - us MEN The Claimant shall thereafter be.entitled to.sue in any court of competent jurisdictior or to initiate Proceedings before any appropriate administrative tribuna(on the Clair'n-` 12.4 Enforcement of Resolution. If.the Parties agree `o a resolution of any Ci.airt through negotiation or mediation in accordance with Section 11.3 and any&Party thereafter fails tc abide by the terms of such agreement; then any other Party may file suit oKim late administrative; - proceedings to enforce such` agreernentwithout the. need to again comply with the procedures se forth`!n Section.11.3. In such event, the Party taking action to enforce the agreement or awar shall be entitled to recover. from .the non -complying Party (or if more 'than.one non-complyin Party, from all such Parties pro rata )Nall costs incurred in enforcing such agreement or Award - including, without limitation, attorneysfees and court costs. AMENDMENT OF DECLARATION 14.1 Amendment by -Declarant. Until termination of the Class "B Control Period Declarant may; unilateral, ly_amend'this Declaration -for any purpose. Thereafter, the Declarant may unilaterally amend this Declaration if such amendment is (1) necessary to bring any provision into compliance with any applicable governmental -statutes,,rule, regulation, .or judicial determination; (ii) .necessary to enable any reputable'title insurance. company to issue`title insurance coverage on the Units;-(iii) required by an institutional or governmental lender or purchaser of Mortgage loans, including; "for example,. the Federal National Mortgage` Association or ;Federal Home Loan Mortgage Corporation, to enable It to -make or. purchase Mortgage loans on ahe Units; :(iv) necessaryto enable any; governmental agency or reputable private` insurance company to guaran- tee or insure Mortgage loans on the Units; or (v) otherwise necessary to satisfy the requirements of :any governmental agency for approval of this Declaration. 'However, any such .amendment shall not -adversely affect the title to any Unit unless the affected Owner shall consent thereto in writing: - - 14.2 Amendment by Owners. Except as otherwise specifically provided in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Members representing at least 75%_of the.total Class "A"votes, and the consent of the Declarant, during the Class "B" Control Period. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed -percentage of_affirmative votes required -for action -to be taken under that clause. 14.3 Validity and Effective Date of Amendments. Amendments in accordance with this Declaration shall' becomeeffective upon recordation inIhe Official Recotds, unless a later effective date is specified therein. By; Brent Card, Managing Member STATE OF MONTANA ss. COUNTY OF FLATHEAD ) The foregoing instrument was acknowledged before me this day o 2008, by'Brent Card, as the Managing Member of Glacier Valley Villages; LLC a Montana limited liability company, on behalf of the company. Printed Name: Notary Public for the State of Montana Residing at , Montana My Commission Expires: TABLE OF CONTENTS TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR VALLEY RANCH INTRODUCTION TO THE COMMUNITY Valley Ranch, L.L.C., as the developer of Valley Ranch, has established this Declaration to provide a governance structure and a flexible system of standards and procedure for the overall development, administration, maintenance and preservation of Valley Ranch as master planned community. The Association and this Declaration reflect goals and aspiration and possess the powers necessary to develop a vibrant, cohesive, active community. CREATIONOF THE.COMMUNITY................................................................................. 1.1 Initial Declaration.................................................................. 1.2 Duration................................................................................ CONCEPTSAND DEFINITIONS ....... .......... :,.......... ............................................. 2.1 Architectural/Design Review Committee .............................. 2 2.2 Area of Common Responsibility 2.3 Articles......................................................................,..::........2 2.4 Association ....2 2.5 Base Assessment" or "Regular Assessment.......... :;:,... 2 2.6 Benefited Assessment ....................... ...............Fi 2= 2.7 Board of Directors" or "Board ............. 2 2.8 Builder .............................................. ....2 - 2.9 By -Laws ..................................... 3 2.10 Class "B" Control Period ................. .......::........ .............. ..... 3 2.11 Common Area .................................... .................. 3 2.12 Common Expenses .................................... 3 2.13 Covenant to Share Costs ................ .3 2.14 Declarant............................................................. 3 2.15 Design Guidelines 2.16 Dwelling Unit....................................................................... 3 2.17 Governing Documents.. ......................................... .............. 3 2.18 Master Plan.......................................................................... 4 2.19 Member................................................................................ 4 2.20 Mortgage.............................................................................. 4 2,21 Mortgagee............................................................................ 4 2.22 Official Records .................................. ............................... 4 2.23 Owner...................................................................................4 2124 Person. ....................... .... .... ..4 2:25 Properties....._.- .........: ................4 :2.26 Reviewing Body 4 - 2:27 Special Assessment: .............. .. .... 4 2.28 S upplemental Declaration ..............:. 4 229 _ Unit. ........................... 5 2.30 Lot: ... .5 2.31 Use Restrictions..........,::......,. ...:..........::... 5 ,.CREATION A-b. MAINTENANCE OF COMMUNITY -STANDARDS :.......:. ..........:....... 5 ARCHITECTURAL:APPROVAL.......:.;...... ......:::.....:.................... .............................. 5 3 1, General Requirement for Prior Approval ....,.:..:...:.; ...:.....,.. 5 3 2 : Architectural'Review.................................:..................... 5 3 3 Guidelines and 'Procedures . .. ........... - 6 -, 3;4 No Waiver of Future Approvals ....:....:..:....:,..; :...:........... 8 3.5 . Variances ... .. ........ ...... ... 8 3:6 Limitation of Liability. .: .. ............................. 9 3:7 Enforcement..:.........: ...................... .......... .................... ..... 9 COMMUNITY G(JVERNANCE AND ADMINISTRATION :........... ............................... 9 E ASSOCIATION AND ITS MEMBERS .......::::..............:..............:....................... 9 ,. 4:1 _ Functions of Association:..., ...... ................... 9 4.2 Membership....:,....: :................ 10_ ` A 3 Voting ... ............. .............: .. _ 10 ASSOCIATION POWERS AND RESRONSIBILfTIES...... ....... ......::......,.:.................... 11 S 1 . Acceptance and ControLof Association "Property ...,.......... 11 - -. - 5.2 Maintenance of -the Ar ea -of Common Res onsibili 5:3 Maintenance inPublic Rights-of-lNay............:......:::.....::.. 12 5 4 Insurance- .....:. .....:...........................:....,...` ..::;.......::: .. 12 5.5 Compliance and Enforcement. ..... 12 5.6 Implied fights;`Board Authority...: ............... ............ 14 5.7 - Disclaimer of Liability.:........ ......... 14 5.8 Security .`........... `........ ... ....,. ... .. ... ... 15' 5.9 ; Equestrian/Pedestrian Trail System Open to the Public ,, 15 ASSOCIATION FINANCES.....'........:... ..............:`. .................... 6.1 Budgeting and Allocating Common Expenses ................... 15 6.2 Budgeting for. Reserves.. ...::........ 6.3 Authority to Assess Owners, Time of Payment .................. 16 6.4 Declarant's Option to Fund Budge t.Deficits.,..;:.............:.... 17 6.5 - Special Assessments .......:.......:........:.................. .........:. 17 6.6 Benefited Assessments...:.......... 67 Personal Obligation .............................. :.:.:.:................. .:18 6.8 Lien for Assessments .............: ................ .. 19 6,9 Date of Commencement of Assessment Obligations......... 19 610 Failureto Assess ......................... ... ................. .... ... 19 6.11 Exemptp y Pro ert:.......::...............................20 COMMUNITY DEVELOPMENT....,. ...: ..... ....... 20. EXPANSION AND REDUCTION.OF:THE COMMUNITY .................................:.......: 20 -7.1 Expansion b.y the Declarant .... .......... . 7:2 Expansion by the. -Association ...........:.:....: .. 20 .. 7:3 Additional' Covenants and Easements ......:...............::.... 21. 7A Effect of Filing Supplemental Declaration ........................... 21 7.5 De=annexation of Property .....:::................................... 21 RIGHTS RESERVED TO DECLARANT ............... ........................................................ 21 8.1 Construction of Improvements ............................................ 21 8.2 Right'.to Use Common Area ................................................ 21 8.3 Other' Covenants Prohibited ............................................... 22 8.4 Right to Approve Changes ........• ........................................ 22 8.5 Right to Transfer or Assign Declarant Rights ...................... 22 _. 8.6.. __.._Amendment-:;::.-..:..:.:......:.....:.........:................ 2-2- _ PROPERTY RIGHTS WITHIN THE COMMUNITY........ .................:.............. 23 EASEMENTS... ......................... ............ ........... ......... :............ .........:................. .....:....... 23 9.1 Easements in Common Area., ...............................:.. 23, .. 9.2 Easements of Encroachment ., 24 9.3 Easements for Utilities, Etc ...:.:......:.... : 24 9.4 Easements to Serve Additional Property ..:......::.. 25%:; 9:5 Easements for Cross -Drainage. .. ............... . �x 25 9,6 .... ....... ...... ... Right of Entry ... .. `......................�$ :25 9,7 Easements for Maintenance and Enforcement ..:............ 26 9.8 Rights to Storm Water Runoff,`Effluen# .,. and Water Reclamation :.......................... ... 26 9,9 Easements forLake&Pond Maintenance&Flood W,a-ter .26 9,10 Easement for Use of Private Streets ................................. 27 9,11 Easements for Tax Exempt Organizations ......................... 27 PARTY WALLS AND OTHER SHARED STRUCTURES.; ............................................. 27 10.1. General Rules of Law to Apply... ...... :............ ...................... 27 10.2 Maintenance; Damage and Destruction .............. 10.3 Right to Contribution Runs With Land ................................ 28 10.4 Disputes............................................................................. 28 USE RESTRICTIONS ............................... ........... ............... .................................. 28 DISPUTE RESOLUTION'AND LIMITATION ON._LITIGATION...........:.............:...... 29_ 12.1 Agreement to Avoid: Litigation ...:........'................. ............. 29 12.2 Claims................. ..............:............... .......... ........................ 30 12.3 Mandatory Procedures ...... 31 12.4 Enforcement of Resolution............... .............. .... ...... 32 CHANGES 1N COMMON AREA., ........:.................. ...... 33 13.1 Condemnation. ..... ... ......................33,. 13.2 ..... ...... ..... .. . . No` Partition . ..................... 33 - _ T '(33 Dedication of`Common Area..... ............... .............. . 33 AMENDMENT OF DECLT�ARAION..'....................................................................... 33 14:1 .. . Amendment by Declarant ................................................... 33 - 14.2 Amendment by Owners ...................................................... 34 14.3 Validity and Effective Date of Amendments ....................... 34 Valley Ranch Kalispell, MT Traffic Impact Study Prepared for: Gateway Properties, Inc. Brent Card 5229 Highway 93 S Whitefish, MT 59937 WGM Project # 060830 Submitted by: ATNIMATA, G F2 O U P 3021 Palmer Street P.O. Box 16027 Missoula, MT 59808-6027 EANSAL E o 745)59 PE Valley Ranch Traffic Impact Study Page 1 r Introduction Gateway Properties, Inc. proposes to construct a mixed -use development, Valley Ranch, on the east side of US Highway 93 (US 93) near the north end of Kalispell, Montana (Figure 1). The proposed development will consist of single family homes, townhomes; apartments, an assisted living center, and independent living units. Completion of the development is anticipated for the year 2012. The property on which the proposed subdivision will be built is approximately 80 acres in size and is undeveloped. Surrounding properties in the vicinity of the site include a mix of residential and commercial land uses. This traffic study was prepared using standard traffic engineering techniques to evaluate the operational characteristics of the proposed site driveways. A traffic capacity and level -of -service analysis is presented herein. Glacier Town Center, a large mixed -use commercial/residential development, was recently approved for the property immediately south of the proposed Valley Ranch development. When Glacier Town Center develops, Rose Crossing (a county road) will be extended west from its current terminus at Whitefish Stage Road to a new intersection with US 93. The future US 93/Rose Crossing intersection will be traffic signal controlled. Direct vehicle access from Valley Ranch to US 93 is planned via two 3/-movement driveways (Figure 2). Roadways within Valley Ranch will be extended south through the Glacier Town Center development, connecting Valley Ranch with Rose Crossing. This will result in signalized left -turn egress from Valley Ranch to southbound US 93 via Rose Crossing. The extension of Rose Crossing from Whitefish Stage Road to US 93 is anticipated for completion no later than 2009. Valley Ranch Traffic Impact Study Figure 1: Project Vicinity Map Page 2 _ .a ..ChurchDO 411 Ilk �y Uoma Ln- I 'RhJIafsh:Trai 1 C, f 1 CIA Di x i9l ? Site Area — Crossing--= - +'"�•' YRbse Crossing m �zl w— lai J/ft7 1 l 1 ,-. J,fJ pDj I Arbov-Dr _(-, ERoserceDr-1 r {r IR tl 41Airf7r=.—.—� r•� { J LZK��.J,1- t i' Js ( 14r, f jWthndga — ( in: ` I ilaJghfs L() �lBtiffalollIllam 116 [y 11(I tau 'Js' __- 17 ---� 21411a fh�TJi5f;J7Q 4`�irnr}�� ` 2��tt,Conredrr ��nietlHiJ - j ) 4 ;G MEmonal I % x= I� ll�i L d` ` Kails el( r—jCemetery i a. Valley Ranch Traffic Impact Study Page 3 Figure 2: Site Plan PONDEROSA SUBDIVISION _ t - 64 r f > r - � el�oaaa v= � eon"r,e,�eu.,ew I i lY 83Park x� arB 8 O Acres Ct s4 I j P5OUBD'V1S1O II 1I \ r a 64 16 639 p 62 Y 59 r� 'S1yr z zz!� m rairallrJraps � � bLoy � w � g •� Park �` ` ,_`�' ° Park., 56 55 ; 54 53 r 49u 4852 . OMMtod _ i iR cT2eA o - ' 4u r tirtr°n°ar 47 A Church Access r T -.. -nawma i ,�..., _ ... ... .___ .. .,.,r _^A _. "�'� i 40 41 A uF 43 44 �1.45 a � � w�+rr.rE r j �. �urumuuucY ;39j �..�.�,_,l _ t 33 32 a 31 30 29 �'2288 r� r uw [`TRACT 2B 15 16 " 17 jH8 19 2D 21 22 ; 23 24 f; 25 ! 26 ,1; 27 a,.unioN rc,rt 1 � ',INN 71, S Jsr"Ir W.r ' u,N t , 's 14n(13I123tOg9r8 f 7I.p6 5s-4543j42. 1 I ,m.m b Valley Ranch Traffic Impact Study Page 4 9' Existina Traffic Volume To identify existing traffic volumes within the study area, AM and PM peak -period, manual traffic counts were conducted on Wednesday and Thursday, September 20 and 21, 2006. The AM peak -period counts were conducted between 7:00 and 9:00 AM and the PM peak -period counts were conducted between 4:00 and 6:00 PM. The count data (in Appendix A) was then analyzed to determine the existing peak -hour traffic volumes at the study intersections. Figure 3 shows the 2006 existing peak -hour traffic volumes on US 93 derived from the traffic counts and used for this report. Valley Ranch Traffic Impact Study Page 5 Figure 3: 2006 Existing Peak Hour Traffic Volume US Highway 93 0 00 7. LN CO 11* G W r LN Glacier Town Center Access F North Legend AM Peak Traffic (PM Peak Traffic) Rose Crossing Valley Ranch Traffic Impact Study Page 6 i Adjacent Development The Glacier Town Center will be constructed on the property south of Valley Ranch. This development has been approved by the City of Kalispell and is anticipated to begin construction this year. Glacier Town Center is a very large, multi -phased project including retail, residential, and office spaces. A traffic impact study (TIS) was prepared for Glacier Town Center by Krager and Associates, Inc. (July 2007) in which site -generated traffic was distributed for both Phase 1 and total development buildout scenarios. For the purposes of this study, it is assumed that the Glacier Town Center Phase 1 traffic generation and street improvements are in place prior to the analysis year. The Phase 1 build traffic volumes developed in the Glacier Town Center TIS for the Rose Crossing intersections were used as the no -build traffic volumes for this analysis. The Glacier Town Center Phase 1 generated traffic was also added to US 93 at the Valley Ranch proposed access locations. Valley Ranch Traffic Impact Study Page 7 2012 No -Build Traffic Volumes The 2006 existing traffic volumes on US 93 were projected to the study year 2012 using a four -percent -per -year peak -hour -traffic growth rate. This annual growth rate was calculated based on data from the MDT publication, Traffic By Sections, for US 93 between Grandview Drive and Reserve Drive. (The subject site is actually located in the next highway segment to the north, but that segment is almost ten miles long and extends up to Whitefish. The selected segment is short and located just three- quarter miles south of the site and therefore seems to better represent traffic growth at the site.) The Glacier Town Center Phase 1 traffic was combined with the projected 2012 traffic volumes on US 93 north of Rose Crossing, resulting in the 2012 no -build traffic volumes at Driveways 1 and 2 shown in Figure 4. The Phase 1 build traffic volumes developed in the Glacier Town Center TIS at the Rose Crossing intersections with US 93 and Access F are assumed as the no -build condition for this analysis of Valley Ranch, and are shown in Figure 4. These volumes represent the baseline traffic condition projected to exist in 2012 without development of Valley Ranch. Valley Ranch Traffic Impact Study Page 8 Figure 4: 2012 No -Build Traffic Volume US Highway 93 CO 0 CO -- — - Site Driveway 1 CO T W O O COO ED CO — Site Driveway 2 r Site Driveway 3 O CV) tD +—30(116) ♦ 90(259) t rl- � N O N r to z North Le end AM Peak Traffic (PM Peak Traffic) I L t +— 71(10 f— 17(50) 63(110) .�. 52(148) ---+ v M Glacier Town Center Access F Rose Crossing Valley Ranch Traffic Impact Study Page 9 Site -Generated Traffic The proposed Valley Ranch subdivision will consist of approximately 85 single family homes, 33 townhomes, 160 apartments, an 80-bed assisted living center, and a 24- unit independent living facility. Information contained in the Institute of Transportation Engineers (ITE) publication Trip Generation (7th Edition) was used to estimate the number of trips that will be generated by the proposed development. Table 1 shows the results of the trip -generation calculations. Table 1: Valley Ranch Estimated Site -Generated Trips Land Use Size ITE Land Use Code Weekday Average Daily Traffic AM Peak Hour PM Peak Hour Enter Exit Enter Exit Single Family Home 85 lots 210 895 17 52 59 34 Townhouse 33 units 230 250 4 17 16 8 Apartment u 60 its 220 1,075 16 66 69 37 Assisted Living Center 80 beds 254 213 7 4 8 10 Independent Living Facility 24 units 252 84 1 1 2 1 TOTAL 1 2,517 1 45 140 154 90 Assignment of Site -Generated Trips Existing traffic patterns at the intersection of US 93 and Ponderosa Lane were studied to identify commuter travel patterns in this area. Based on the established patterns at this intersection, it is estimated that approximately 20% of site -generated peak -hour trips will be destined to/from US 93 north of the site, and approximately 80% will be destined to/from areas south of the site. With the planned extension of Rose Crossing, alternate routes between Valley Ranch and Kalispell will become available including Whitefish Stage Road and US Highway 2. It is anticipated that 20% of site traffic will use these routes to/from the south, with the remaining 60% of southbound traffic using US 93. The arrival/departure distribution pattern developed for this analysis is illustrated in Figure 5. The site -generated trips from Table 1 were distributed to the roadway network in accordance with the assumed trip distribution patterns. This resulted in the AM and PM peak -hour, site -generated trips shown in Figure 6. Valley Ranch Traffic Impact Study Page 10 Figure 5: Site Traffic Arrival/Departure Pattern US Highway 93 20°/ 4°/ 60% Glacier Town Center Access F North Legend Arrival Pattern Departure Pattern Rose Crossing Valley Ranch Traffic Impact Study Page 97 Figure 6: Valley Ranch Site -Generated Traffic US Highway 93 CO N N t� "L. 22(14) t� :;�'� T 84(54) A �T CO N LO N North Legend AM Peak Traffic (PM Peak Traffic) — — Site Driveway 1 — Site Driveway 2 Site Driveway 3 1 Glacier Town Center Access F Rose Crossing Valley Ranch Traffic Impact Study Page 92 2012 Build Traffic Volumes The site -generated traffic was combined with the 2012 no -build traffic volumes resulting in the projected 2012 build traffic volumes shown in Figure 7. These are the traffic volumes projected to exist on the site driveways in 2012 when Valley Ranch is complete and fully occupied. Valley Ranch Traffic Impact Study Page 13 US Highway 93 0 �:fLO tiF"'L 00fl- 22(14) t iZE (0 OD 0 o 0 c0 N 6(4) t r' 00 LO N r T LO 0 0 N 0 O � r oO +—30(116) 14. f— 174(313) WWq North Le end AM Peak Traffic (PM Peak Traffic) Figure 7: 2012 Build Traffic Volume — — Site Driveway 1 Site Driveway 2 Site Driveway 3 1 1 ch _ c0 � +—9(31) 00 N ' 4.71(102) 1 17(50) 5(18) 63(110) --�► 52(148) c��o 0 Cr) � Glacier Town Center Access F Rose Crossing Valley Ranch Traffic Impact Study Page 94 Capacity Analysis Capacity analysis of the study intersections was conducted using the projected 2012 no -build and build traffic volumes developed in this report. This analysis was performed in accordance with the procedures presented in the Highway Capacity Manual, 2000 Edition, published by the Transportation Research Board. The analyses worksheets are contained in Appendix B. The analysis procedures result in traffic Level of Service (LOS) rankings from A to F, with A representing essentially free -flow conditions and F representing undesirable levels of driver delay. See Appendix C for a description of the various LOS categories. Valley Ranch Traffic Impact Study Page 15 Intersection of US 93 and Site Driveway 1 Existing Conditions This intersection does not currently exist. US 93 is a north/south arterial highway that consists of two lanes in each direction plus a center two -way -left - turn lane. Site Driveway 1 is anticipated as a three-quarter movement intersection (left -turns exiting the driveway are prohibited, but all other movements permitted) with stop -sign control on the driveway approach. Capacity Analysis A capacity analysis was conducted for this intersection using the 2012 build traffic volumes developed in this report and the above -described intersection configuration. The results of this analysis are summarized in Table 2. Table 2: US 93 and Site Driveway 1 Level of Service Summary AM Peak PM Peak Hour Hour 2012 2012 Build Build Intersection Approach Delay LOS Delay LOS Southbound 9.2 A 12.9 B Left Westbound 10.9 B 14.9 B Right Delay is measured in seconds per vehicle. This proposed intersection is projected to operate at an acceptable LOS during all hours. No intersection improvements are required. Valley Ranch Traffic Impact Study Page 96 Intersection of US 93 and Site Driveway 2 Existing Conditions This intersection does not currently exist. US 93 is a north/south arterial highway that consists of two lanes in each direction plus a center two -way -left - turn lane. Site Driveway 2 is anticipated as a three-quarter movement intersection (left -turns exiting the driveway are prohibited, but all other movements permitted) with stop -sign control on the driveway approach. Capacity Analysis A capacity analysis was conducted for this intersection using the 2012 build traffic volumes developed in this report and the above -described intersection configuration. The results of this analysis are summarized in Table 3. Table 3: US 93 and Site Driveway 2 Level of Service Summary AM Peak PM Peak Hour Hour 2012 2012 Build Build Intersection Approach Delay LOS Delay LOS Southbound 9.2 A 12.9 B Left Westbound 10.8 B 15.0+ C Left/Right Delay is measured in seconds per vehicle. This proposed intersection is projected to operate at an acceptable LOS during all hours. No intersection improvements are required. Valley Ranch Traffic Impact Study Page 97 Intersection of Rose Crossing and Site Driveway 3/Glacier Town Center Access F Existing Conditions This intersection does not currently exist, but will be constructed soon as part of the Glacier Town Center project. Glacier Town Center will construct Rose Crossing with one through lane in each direction, plus a westbound left -turn lane for traffic entering Access F. The Access F approach will consist of one entering lane and two exiting lanes. It is suggested, if the necessary distance between this intersection and the improvements planned at US 93 is available, that a separate eastbound left -turn lane also be constructed at this intersection, opposite the planned westbound lane, to accommodate traffic entering Site Driveway 3. The developer of Valley Ranch should coordinate this effort with Glacier Town Center. The southbound Driveway 3 approach will also ultimately serve a substantial number of residential units within Glacier Town Center (to be constructed in future phases of that development); therefore, consideration should be given to providing two exiting lanes on the southbound approach to Rose Crossing. Capacity Analysis { A capacity analysis Was conducted for this intersection using the 2012 no -build and build traffic volumes developed in this report and the above -described intersection configuration. The results of this analysis are summarized in Table 4. Table 4: Rose Crossing and Site Driveway 3/Access F Level of Service Summary Peak AM Hour Peak PM Hour 2012 No -build 2012 Build 2012 No -build 2012 Build Intersection Approach Delay LOS Delay LOS Delay LOS Delay LOS Eastbound Left n/a n/a 7.4 A n/a n/a 7.5 A Westbound Left 7.5 A 7.5 A 7.9 A 7.9 A Northbound Left 9.9 A 11.3 B 14.3 B 19.5 c Northbound Th/Rt 8.8 A 8.8 A 9.6 A 9.6 A Southbound Left n/a n/a 10.3 B n/a n/a 14.0 B Southbound Th/Rt n/a n/a 9.0 A n/a n/a 9.2 A Delay is measured in seconds per vehicle. This intersection is projected to operate at an acceptable LOS during all hours. Valley Ranch Traffic Impact Study . Page 18 Intersection of Rose Crossing and US 93 Existing Conditions This intersection does not currently exist, but will be constructed soon as part of the Glacier Town Center project. The westbound Rose Crossing approach will be constructed with one left -turn lane and one right -turn lane. The northbound approach will have two through lanes and a separate right -turn lane. The southbound approach will have one left -turn lane and two through lanes. The intersection will be controlled by a traffic signal operating with three vehicle phases. Capacity Analysis A capacity analysis was conducted for this intersection using the 2012 no -build and build traffic volumes developed in this report and the above -described intersection configuration. The results of this analysis are summarized in Table 5. Table 5: Rose Crossing and US 93 Level of Service Summary Peak AM Hour Peak PM Hour 2012 No -build 2012 Build 2012 No -build 2012 Build Intersection Approach Delay LOS Delay LOS Delay LOS Delay LOS Westbound Left 34.4 C 36.8 D 34.3 C 37.0 D Westbound Right 20.3 C 20.3 C 18.7 B 18.7 B Northbound Through 18.6 B 18.8 B 31.5 C 34.1 C Northbound Right 16.1 B 16.1 B 21.9 C 22.4 C Southbound Left 48.0 D 48.0 D 55.5 E 55.5 E Southbound Through 9.2 A 9.2 A 13.1 B 13.1 B Delay is measured in seconds per vehicle. The traffic generated by the proposed Valley Ranch Subdivision will have no appreciable effect on vehicle delay at this intersection. No intersection improvements are required. Valley Ranch Traffic Impact Study Page 99 Crash Analysis Traffic crash data for US 93 was obtained from MDT for the five-year period between January 1, 2001 and December 31, 2005. Crash data for one -quarter mile in both directions from the proposed site were reviewed for this report. Five traffic incidents occurred within this area during the identified five-year time period. Of the five incidents, one resulted from loss of control in icy conditions, one involved a collision with a wild animal, one resulted from an improper right -turn (apparently from the wrong lane), one was a rear -end accident resulting from following too closely, and one resulted in cargo from one vehicle causing damage to a second vehicle. None of these accidents occurred as a result of correctable deficiencies in the highway. The proposed driveway locations for the Valley Ranch subdivision are located at points on US 93 with excellent intersection sight distance in both directions and a center two-way left -turn lane, both of which should help to minimize the risk to traffic crashes at these locations. Valley Ranch Traffic Impact Study Page 20 Report Summary, Conclusions, and Recommendations The discussion and analyses contained in this report can be summarized as follows: • Gateway Properties, Inc. proposes to construct a mixed -use residential development on the east side of US 93 near the north end of Kalispell. The proposed development will consist of single family homes, townhomes, apartments, an assisted living center, and independent living units. • An adjacent development, Glacier Town Center, will be constructed on the property immediately south of this site. As part of the construction of Glacier Town Center, Rose Crossing will be extended west from its current terminus at Whitefish Stage Road to a new signalized intersection with US 93. This roadway construction will be complete no later than 2009. • Access to the proposed Valley Ranch development will include two driveways onto US 93, as well as one driveway onto the new segment of Rose Crossing. Left -turn egress from Driveways 1 and 2 onto US 93 is not recommended, resulting in all southbound exiting traffic using Rose Crossing. The road connection between Valley Ranch and Rose Crossing will be constructed as part of the initial stage of Valley Ranch, even though the portion of Glacier Town Center through which it will pass will not be developed until a later phase of that project. • If space permits between Driveway 3 and the improvements planned at the intersection of Rose Crossing and US 93, a left -turn lane on Rose Crossing for eastbound turns into Driveway 3 should be considered. This should be coordinated with the developer of Glacier Town Center and their roadway design engineer. • All of the proposed driveway intersections are projected to operate at very good LOS under the forecasted 2012 build traffic volumes. • The Valley Ranch site -generated traffic will have no appreciable effect on vehicle delay at the intersection of Rose Crossing and US 93, contributing less than three seconds of delay on each movement. • No identifiable traffic crash patterns on US 93 are noted in the vicinity of the proposed site driveways. Sight distance is very good in both directions at the proposed US 93 site driveways. • The Valley Ranch development will have no negative affect on traffic at the study intersections. No intersection mitigation is required with the possible exception of a left -turn lane eastbound on Rose Crossing at Driveway 3. 1. Valley Ranch Traffic Impact Study Appendix A Traffic Count Data 0 Y l0 d IL i v NO Nr0 h ap m�"i-Ort� OOr N a,Mm 10 � u6.' C r � � k C 2 � z L LL zy a = f mIN M N'm O O O O10 (NO co M �r ONN N,eI•Nr J � {(C } 7 O L r E K II 0 20l`$ COa.om r, ZF m O m100<M' �ooreroNr<r E � { S €ry x 0 0 0 0 0 0 0 0 4 O � � c � E ja-- NlO m.0 0 � I { I � 2 wLooi000�'000 0 a I r J fN, m 4 [ t Y ( ' 200�000000 0 = k d c m OHO Ni 'a W :e o w r p a�oo�oa0000 I � 0 ~ Q IL C' 00 N y 000 Nr N J 4 V' c rn � 0ou>olnfo'm0 m�vo Mero U S m 9 i� i� ti m m ao: co m O O c O aEE d t i F" o Fes— U— W or�vommv 5 M O OJ i0 d d 'O Q I� 1�� tv W W co M S d 0 E s O Y A d a S j ..@.. a0 e0 V f\ C d O CcO Opel' 10 mr N 2 O M ��M O �1' S� r• O C L O 10 MO, o O NIrrnN m N LL z ( N S a 0 2 d' m oer m a m r n f0 l� [O •(O N N Z L r T rn fn E, y. d'Nr J l � rn 6 Pt 7 ,O r; r- C (_ O � 11FF =O p l 0 N< O 0 0 N M � O2vmNi��m�v z H n J { f = 0 0 Ok0 0 0 0 0 O F- E rn N M erirm M o m 4 ! � S I F{ t �tvmmE"<`er Nt4'm r Y S" 200000000 0 o � N pIVmM�YlO tt1�0 { W I a s w Zt00000€0000 0 N N J Kti 3N d �E M vfo M va to .� C m a y IL O m O�t010 O.LL] O M V: O Met 'O EO W a a er vEa-Iq In in iri x£ o d �a tie x=, d oa: a><r Valley Ranch Traffic Impact Study Appendix B Capacity Analysis Worksheets Valley Ranch Traffic Impact Study Appendix B US 93 and Site Driveway 1 HCS+: Unsignalized Intersections Release 5.21 TWO-WAY STOP CONTROL SUMMARY Analyst: 7ency/Co.: ate Performed: 2/22/2008 Analysis Time Period: Peak AM Hour Intersection: Jurisdiction: Units: U. S. Customary Analysis Year: 2012 Build Project ID: Valley Ranch TIS East/West Street: Site Driveway 1 North/South Street: US Highway 93 Intersection Orientation: NS Study period (hrs): 0.25 _ Vehicle Volumes and Adjustments Major Street: Approach Northbound Southbound Movement 1 2 3 14 5 6 L T R L T R Volume 665 5 7 871 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 738 5 7 967 Percent Heavy Vehicles -- -- 0 Median Type/Storage Undivided / RT Channelized? Lanes 2 0 1 2 Configuration T TR L T TT -)stream Signal? No No Minor Street: Approach Westbound Eastbound Movement 7 8 9 I 10 11 12 L T R L T R Volume 22 Peak Hour Factor, PHF 0.90 Hourly Flow Rate, HFR 24 Percent Heavy Vehicles 0 Percent Grade ( °s ) 0 0 Flared Approach: Exists?/Storage Lanes 1 Configuration R Delay, Queue Length, and Level of Service Approach NB SE Westbound Eastbound Movement 1 4 17 8 9 10 11 12 Lane Config L R v (vph) 7 24 C(m) (vph) 873 631 v/c 0.01 0.04 95% queue length 0.02 0.12 Control Delay 9.2 10.9 3 A B Approach Delay 10.9 Approach LOS B HCS+: Unsignalized Intersections Release 5.21 TWO-WAY STOP CONTROL SUMMARY Analyst: fency/Co.: liate Performed: 2/22/2008 Analysis Time Period: Peak PM Hour Intersection: Jurisdiction: Units: U. S. Customary Analysis Year: 2012 Build Project ID: Valley Ranch TIS East/West Street: Site Driveway 1 North/South Street: US Highway 93 Intersection Orientation: NS Study period (hrs): 0.25 Vehicle Volumes and Adjustments_ Major Street: Approach Northbound Southbound _ Movement 1 2 3 4 5 6 L T R L T R — -- Volume 1267 18 25 —1094 — Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 1407 20 27 1215 Percent Heavy Vehicles -- -- 0 -- -- Median Type/Storage Undivided / RT Channelized? Lanes 2 0 1 2 Configuration T TR L T :"nstream Signal? No No Minor Street: Approach Westbound Eastbound Movement 7 8 9 10 11 12 L T R I L T R Volume --14 -- — — — Peak Hour Factor, PHF 0.90 Hourly Flow Rate, HFR 15 Percent Heavy Vehicles 0 Percent Grade (o) 0 0 Flared Approach: Exists?/Storage / Lanes 1 Configuration R Approach Movement Lane Config v (vph) C (m) (vph) v/c 95% queue length Control Delay -,,proach Delay Approach LOS Delay, Queue Length, and Level of Service NB SB Westbound Eastbound 1 4 7 8 9 10 11 L R 27 15 483 378 0.06 0.04 0.18 0.12 12.9 14.9 B B 14.9 B 12 Valley Ranch Traffic Impact Study Appendix B US 93 and Site Driveway 2 HCS+: Unsignalized Intersections Release 5.21 TWO-WAY STOP CONTROL SUMMARY Analyst: Tgency/Co.: to Performed: 2/22/2008 Analysis Time Period: Peak AM Hour Intersection: Jurisdiction: Units: U. S. Customary Analysis Year: 2012 Build Project ID: Valley Ranch TIS East/West Street: Site Driveway 2 North/South Street: US Highway 93 Intersection Orientation: NS Study period (hrs): 0.25 Vehicle Volumes and Adjustments_ Major Street: Approach Northbound Southbound Movement 1 2 3 14 5 6 L T R L T R Volume 665 16 2 869 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 738 17 2 965 Percent Heavy Vehicles -- -- 0 -- -- Median Type/Storage Undivided / RT Channelized? Lanes 2 0 1 2 Configuration T TR L T Upstream Signal? No No 1,,,nor Street: Approach Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 6 Peak Hour Factor, PHF 0.90 Hourly Flow Rate, HFR 6 Percent Heavy Vehicles 0 Percent Grade (o) 0 0 Flared Approach: Exists?/Storage Lanes 1 Configuration R _Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 17 8 9 10 11 12 Lane Config L R v (vph) 2 6 C(m) (vph) 865 625 v/c 0.00 0.01 95o queue length 0.01 0.03 Control Delay 9.2 10.6 1A B Ai',roach Delay 10.8 Approach LOS B HCS+: Unsignalized Intersections Release 5.21 TWO-WAY STOP CONTROL SUMMARY Analyst: lency/Co.: liate Performed: 2/22/2008 Analysis Time Period: Peak PM Hour Intersection: Jurisdiction: Units: U. S. Customary Analysis Year: 2012 Build Project ID: Valley Ranch TIS East/West Street: Site Driveway 2 North/South Street: US Highway 93 Intersection Orientation: NS Study period (hrs) Vehicle Volumes and Adjustments 0.25 Major Street: Approach Northbound Southbound Movement 1 2 3 14 5 6 L T R L T R -- —-------------------- Volume 1282 55 ------------------ 6 -- 1088 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 1424 61 6 1208 Percent Heavy Vehicles -- -- 0 -- -- Median Type/Storage Undivided / RT Channelized? Lanes 2 0 1 2 Configuration T TR L T -TTnstream Signal? No No Minor Street: Approach Westbound Eastbound Movement 7 8 9 I 10 11 12 L T R I L T R Volume — 4 — Peak Hour Factor, PHF 0.90 Hourly Flow Rate, HFR 4 Percent Heavy Vehicles 0 Percent Grade M 0 0 Flared Approach: Exists?/Storage Lanes 1 Configuration R — — —Delay, Queue Length, and Level of Service _ Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Config L ( R v ( vp h ) 6 4 -- —� C(m) (vph) 459 363 v/c 0.01 0.01 95o queue length 0.04 0.03 Control Delay 12.9 15.0+ B C t. proach Delay 15.0+ Approach LOS C Valley Ranch Traffic Impact Study Appendix B Rose Crossing and Site Driveway 3 HCS+: Unsignalized Intersections Release 5.21 TWO-WAY STOP CONTROL SUMMARY Analyst: -ency/Co.: 4 -�ate Performed: 2/22/2008 Analysis Time Period: Peak AM Hour Intersection: Jurisdiction: Units: U. S. Customary Analysis Year: 2012 No -Build Project ID: Valley Ranch TIS East/West Street: Rose Crossing North/South Street: Glacier Town Center Access F Intersection Orientation: EW Study period (hrs): Vehicle Volumes and Adjustments Major Street: Approach Eastbound Westbound' Movement 1 2 3 4 5 L T R I L T Volume Peak -Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration /7-stream Signal? 63 52 0.90 0.90 70 57 Undivided 1 0 TR No Minor Street: Approach Northbound Movement 7 8 9 L T R Volume 33 11 Peak Hour Factor, PHF 0.90 0.90 Hourly Flow Rate, HFR 36 12 Percent Heavy Vehicles 0 0 Percent Grade (o) 0 Flared Approach: Exists?/Storage / Lanes 1 1 Configuration L R Approach Movement Lane Config v (vph) C (m) (vph) v/c 95% queue length G-ntrol Delay Approach Delay Approach LOS 17 71 0.90 0.90 18 78 0 -- 1 1 L T No 6 R 0.25 Southbound 10 11 12 L T R ff / Delay, Queue Length, and Level of Service EB WE Northbound Southbound 1 4 7 8 9 10 11 12 L L R 18 36 12 1472 771 963 0.01 0.05 0.01 0.04 0.15 0.04 7.5 9.9 8.8 A A A n HCS+: Unsignalized Intersections Release 5.21 r. TWO-WAY STOP CONTROL SUMMARY analyst: ;ency/Co.: Date Performed: 2/22/2008 Analysis Time Period: Peak PM Hour Intersection: Jurisdiction: Units: U. S. Customary Analysis Year: 2012 No -Build Project ID: Valley Ranch TIS East/West Street: Rose Crossing North/South Street: Glacier Town Center Access F Intersection Orientation: EW Study period (hrs): 0.25 Major Street _Vehicle Volumes and Adjustments Approach Eastbound Movement 1 2 3 14 L T R I L Westbound 5 6 T R Volume 110 148 50 102 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 122 164 55 113 Percent Heavy Vehicles -- -- 0 -- -- Median Type/Storage Undivided / RT Channelized? Lanes 1 0 1 1 Configuration TR L T -stream Signal? No No Minor Street: Approach Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume 161 54 Peak Hour Factor, PHF 0.90 0.90 Hourly Flow Rate, HFR 178 60 Percent Heavy Vehicles 0 0 Percent Grade (.) 0 Flared Approach: Exists?/Storage Lanes 1 1 Configuration L R —_ Delay, Queue Length, and Level Approach ER WE Northbound Movement 1 4 7 8 9 Lane Config L ( L R v (vph) C (m) (vph) v/c 95% queue length Control Delay 3 ?approach Delay Approach LOS 0 of Service 55 178 60 1288 563 842 0.04 0.32 0.07 0.13 1.35 0.23 7.9 14.3 9.6 A B A 13.1 B Southbound 10 11 12 HCS+: Unsignalized Intersections Release 5.21 TWO-WAY STOP CONTROL SUMMARY Analyst: -�ncy/Co.: -ce Performed: 2/22/2008 Analysis Time Period: Peak AM Hour Intersection: Jurisdiction: Units: U. S. Customary Analysis Year: 2012 Build Project ID: Valley Ranch TIS East/West Street: Rose Crossing North/South Street: Access F/Site Driveway 3 Intersection Orientation: EW Study period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street: Approach Eastbound Westbound Movement 1 2 3 1 4 5 6 L T R I L T R Volume 5 63 52 17 71 9 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 5 70 57 18 78 10 Percent Heavy Vehicles 0 -- -- 0 -- -- Median Type/Storage Undivided / RT Channelized? Lanes 1 1 0 1 1 0 Configuration L TR L TR -7--stream Signal? No No Minor Street: Approach Northbound Southbound Movement 7 8 9 10 11 12 L T R I L T R Volume 33 0 11 28 0 84 Peak Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 36 0 12 31 0 93 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade W 0 0 Flared Approach: Exists?/Storage No /' No / Lanes 1 1 0 1 1 0 Configuration L TR L TR Delay, Queue Length, and Level of Service Approach EB WE Northbound Southbound _ Movement 1 4 1 7 8 9 10 11 12 Lane Config L L L TR I L TR v (vph) 5 18 36 12 31 93 C(m) (vph) 1520 1472 611 963 708 962 v/c 0.00 0.01 0.06 0.01 0.04 0.09 95% queue length 0.01 0.04 0.19 0.04 0.14 0.31 C^ntrol Delay 7.4 7.5 11.3 8.8 10.3 9.0 A A B A B A Approach Delay 10.6 9.4 Approach LOS B A HCS+: Unsignalized Intersections Release 5.21 TWO-WAY STOP CONTROL SUMMARY Analyst: ency/Co.: Date Performed: 2/22/2008 Analysis Time Period: Peak PM Hour Intersection: Jurisdiction: Units: U. S. Customary Analysis Year: 2012 Build Project ID: Valley Ranch TIS East/West Street: Rose Crossing North/South Street: Access F/Site Driveway 3 Intersection Orientation: EW Study period (hrs): 0.25 _Vehicle Volumes and Adjustments_________ Major Street: Approach Eastbound Westbound v Movement 1 2 3 14 5 6 L T R L T R Volume 18 110 v148 �50 102 �31 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 20 122 164 55 113 34 Percent Heavy Vehicles 0 -- -- 0 -- -_ Median Type/Storage Undivided / RT Channelized? Lanes 1 1 0 1 1 0 Configuration L TR L TR TT -stream Signal? No No Minor Street: Approach Northbound Southbound Movement 7 8 9 10 11 12 L T R I L T R Volume 161` 0' 54 u18 0 54 Peak Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 178 0 60 20 0 60 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach: Exists?/Storage No / No / Lanes 1 1 0 1 1 0 Configuration L TR L TR _ Delay, Queue Length, and Level of Service Approach EB WB Northbound Southbound A _ Movement 1 4 17 8 9 10 11 12 Lane Config L L L TR I L TR v (vph) 20 55 178 60 20 60 C(m) (vph) 1447 1288 424 842 421 925 v/c 0.01 0.04 0.42 0.07 0.05 0.06 9526 queue length 0.04 0.13 2.04 0.23 0.15 0.21 Control Delay 7.5 7.9 19.5 9.6 14.0 9.2 7` A A C A B A ANC,roach Delay 17.0 10.4 Approach LOS C B Valley Ranch Traffic Impact Study Appendix B Rose Crossing and US 93 HCS+: Signalized Intersections Release 5.21 Analyst: Inter.: Agency: Area Type: All other areas Date: 2/22/2008 Jurisd: { riod: Peak AM Hour Year 2012 No -Build ect ID: Valley Ranch TIS E/W St: Rose Crossing N/S St: US Highway 93 No. Lanes LGConfig Volume Lane Width RTOR Vol Duration SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound Southbound L T R L T R L T R ( L T R 0 0 0 I 1 0 1 0 2 1 1 2 0.25 Phase Combination EB Left Thru Right Peds WB Left Thru Right Peds r- Right Right Green 3 Yellow 3 All Red 1 Appr/ Lane Lane Group Grp Capacity Eastbound Westbound L R T R I L T 190 30 624 106 I50 760 112.0 12.0 12.0 12.0 112.0 12.0 0 0 Area Type: All other areas Signal Operations 1 2 3 4 5 6 7 8 NB Left Thru P Right P Peds A SB Left A Thru P P A Right Peds EB Right WB Right P 2.0 0.0 15.0 61.0 0.0 •0 3.0 3.0 •0 1.0 1.0 Cycle Length: 120.0 _Intersection Performance Summary Adj Sat Ratios Lane Group Approach Flow Rate (s) v/c g/C Delay LOS Delay LOS L 472 1770 0.21 0.27 34.4 R 673 1583 0.05 0.43 20.3 Northbound T 1803 3547 0.38 0.51 18.6 R 805 1583 0.15 0.51 16.1 Southbound L 221 1770 0.25 0.13 48.0 T 2365 3547 0.36 0.67 9.2 Intersection Delay = 15.9 (sec/veh) C 30.9 C C B 18.3 B B D A 11.6 B Intersection LOS = B no secs HCS+: Signalized Intersections Release 5.21 Analyst: Inter.: Agency: Area Type: All other areas Hate: 2/22/2008 Jurisd: >riod: Peak PM Hour Year 2012 No -Build Project ID: Valley Ranch TIS E/W St: Rose Crossing N/S St: US Highway 93 No. Lanes LGConfig Volume Lane Width RTOR Vol Duration SIGNALIZED INTERSECTION SUMMARY__ _ Eastbound Westbound Northbound Southbound L T R L T R L T R I L T R A 0 2 1� I 1 2 0 0 0 0 1 0 1 0.25 Phase Combination EB Left Thru Right Peds WB Left Thru Right Peds Right I Right Green 3 Yellow 3 All Red 1 Appr/ Lane Lane Group Grp Capacity Eastbound L R I T R I L T 1259 116 I 1196 240 1113 912 112.0 12.0 1 12.0 12.0 112.0 12.0 0 0 - - -- ----------- Area Type: All other areas �NSignal Operations__Y�__ 1 2 3 4 I 5 6� 7 NB Left Thru P Right P Peds A SE Left A Thru P P A I Right Peds EB Right WB Right P 8.0 0.0 14.0 56.0 0.0 .0 3.0 3.0 .0 1.0 1.0 Cycle Length: 120.0 _Intersection Performance Summary _ Adj Sat Ratios Lane Group Approach Flow Rate (s) v/c g/C Delay LOS Delay LOSA Westbound L 560 1770 0.51 0.32 34.3 C 29.5 C R 739 1583 0.17 0.47 18.7 B Northbound T 1655 3547 0.80 0.47 31.5 C 29.9 C R 739 1583 0.36 0.47 21.9 C Southbound L 207 1770 0.61 0.12 55.5 E T 2167 3547 0.46 0.62 13.1 B 17.7 B Intersection Delay = 25.5 (sec/veh) Intersection LOS = C secs HCS+: Signalized Intersections Release 5.21 Analyst: Inter.: Agency: Area Type: All other areas Date: 2/22/2008 Jurisd: iod: Peak AM Hour Year 2012 Build -oject ID: Valley Ranch TIS E/W St: Rose Crossing N/S St: US Highway 93 SIGNALIZED INTERSECTION SUMMARY No. Lanes Eastbound L T R Westbound L T R Northbound L T R Southbound I L T R 0 0 0 1 0 1 ( 0 2 1 1 2 0 LGConfig I L R I T R L T Volume 1174 30 646 111 150 760 Lane Width I I12.0 12.0 ( 12.0 12.-0 112.0 12.0 RTOR Vol 0 0 Duration 0.25 Area Type: All other areas Signal Operations Phase Combination 1 2 3 4( >r 5 6 7 8 EB Left NB Left Thru Thru P Right Right P Peds ( Peds WB Left A SB Left A Thru Thru P P Right A Right Peds Peds T Right EB Right fr Right WB Right P Green 32.0 0.0 15.0 61.0 0.0 Yellow 3.0 3.0 3.0 All Red 1.0 1.0 1.0 Appr/ Lane Lane Group Grp Capacity Eastbound Westbound Cycle Length: 120.0 _Intersection Performance Summary Adj Sat Ratios Lane Group Approach Flow Rate (s) v/c g/C Delay LOS Delay LOS L 472 1770 0.41 0.27 36.8 R 673 1583 0.05 0.43 20.3 Northbound T 1803 3547 0.40 0.51 18.8 R 805 1583 0.15 0.51 16.1 Southbound L 221 1770 0.25 0.13 48.0 T 2365 3547 0.36 0.67 9.2 Intersection Delay = 17.1 (sec/veh) D 34.4 C C B 18.4 B B D A 11.6 B Intersection LOS = B secs HCS+: Signalized Intersections Release 5.21 Analyst: Inter.: Agency: Area Type: All other areas r-)te: 2/22/2008 Jurisd: riod: Peak PM Hour Year 2012 Build Project ID: Valley Ranch TIS E/W St: Rose Crossing N/S St: US Highway 93 SIGNALIZED INTERSECTION SUMMARY Eastbound Westbound Northbound Southbound L T R L T R L T R L T R No. Lanes I 0 0 0 ( 1 0 1 I 0 2 1 1 2 0 LGConfig I L R T R L T Volume 1313 116 1 1270 258 1113 912 Lane Width 112.0 12.0 1 12.0 12.0 112.0 12.0 RTOR Vol ( 0 I 0 1 Duration 0.25 Area Type: All other areas Signal Operations _ Phase Combination 1 2 3 4( 5 6 7 E EB Left NB Left Thru ( Thru P Right Right P Peds Peds WE Left A SE Left A Thru Thru P P Right A Right Peds ( Peds Right EB Right Right WE Right P Green 38.0 0.0 14.0 56.0 0.0 Yellow 3.0 3.0 3.0 All Red 1.0 1.0 1.0 Appr/ Lane Lane Group Grp Capacity Eastbound Westbound Cycle Length: 120.0 _Intersection Performance Summary___ Adj Sat Ratios Lane Group Approach Flow Rate _ (s) V/c g/C Delay LOS Delay LOS L 560 1770 0.62 0.32 37.0 D 32.1 C R 739 1583 0.17 0.47 18.7 B Northbound T 16SS 3547 0.85 0.47 34.1 C 32.1 C R 739 1583 0.39 0.47 22.4 C Southbound L 207 1770 0.61 0.12 55.5 E T- 2187 3547 0.46 0.62 13.1 B 17.7 B Intersection Delay = 27.2 (sec/veh) Intersection LOS = C' secs Valley Ranch Traffic Impact Study Appendix C Level of Service Definitions Valley Ranch Traffic Impact Study Appendix C Unsignalized Intersection Level of Service Defined Level of Service (LOS) for unsignalized (two -way -stop -controlled) intersections is determined by the control delay experienced by drivers on each minor approach. Minor movements are those entering from or exiting onto the stop -controlled side street(s). LOS is not defined for the intersection as a whole, but rather for each minor movement individually. The delay value used .in determining LOS is known as "control delay." Control delay is defined as the total delay experienced by a driver and includes initial deceleration delay, queue move -up time, stopped delay, and final acceleration delay. The delay a vehicle experiences is a function of the capacity of the approach and the degree of saturation on the uncontrolled (un-stopped) roadway (i.e. the number of acceptable gaps in the passing traffic stream). LOS values range from A to F. The delay range for each LOS value is as shown in the following table. Level of Service Criteria for Two -Way -Stop -Controlled Intersections LEVEL OF SERVICE AVERAGE CONTROL DELAY (SECONDSNEHICLE) A 0-10 B >10 — 15 C >15-25 D >25 — 35 E >35 — 50 F >50 Source: Transportation Research Board, Highway Capacity Manual, Special Report No. 209, 2000. Valley Ranch Traffic Impact Study Appendix C Signalized Intersection Level of Service Defined Level of Service (LOS) for signalized intersections is determined by the control delay experienced by drivers and is calculated for each movement, for each approach, and for the intersection as a whole. The delay value used in determining LOS is known as "control delay." Control delay is defined as the total delay experienced by a driver and includes initial deceleration delay, queue move -up time, stopped delay, and final acceleration delay. The delay a vehicle experiences is a function of the capacity of the approach, the volume of traffic, and the signal timing. LOS values range from A to F. The delay range for each LOS value is as shown in the following table. Level of Service Criteria Signalized Intersections Level of Service Average Control Delay (seconds/vehicle) A 0-10 B >10-20 C >20 — 35 D >35 — 55 E >55 — 80 F >80 Source: Transportation Research Board, Highway Capacity Manual, Special Report No. 209, 2000. i4 Valley Ranch Kalispell, MT REVISED Traffic Impact Study Prepared for: Gateway Properties, Inc. Brent Card 5229 Highway 93 S Whitefish, MT 59937 January 2010 WGM Project # 060830s ; Submitted by: MARoAN)�= t � 155 ri ®/C: G R O tJ iPSS�OdVAL 3021 Palmer Street P.O. Box 16027 Missoula, MT 59808-6027 Valley Ranch Traffic Impact Study— Revised January 2010 Page 9 Reason for Study, Revision WGM Group Inc. (.WGM) prepared a traffic impact study (TIS) for the subject development dated February 2008. That study addressed full buildout of the development including single family homes, townhomes, apartments, an assisted living center, and an independent living facility._ That TIS assumed that left -turn egress from the site would be accommodated via a connection to Rose Crossing, with Rose Crossing assumed to have been constructed between US Highway 93 (US 93) and Whitefish Stage Road by the Glacier Town Center development, which was planned to precede construction of the subject development when the original TIS was prepared in February 2008. In the intervening time, Glacier Town Center and the Rose Crossing extension to US 93 have not been built, leaving Valley Ranch with insufficient left -turn egress capacity to construct its full planned development. As a result, the developers of Valley Ranch are now seeking approval for Phase 1 of Valley Ranch to include only the assisted living and independent living facilities. Access would be via a single full -movement access onto US 93. Left -turn egress from this access point would be allowed for Phase 1, with no additional phases permitted until alternate egress can be provided (likely through some future development of Glacier Town Center as originally assumed). Differences between this TIS and the original arise in the areas of trip generation, trip k, assignment, and intersection capacity analysis. All changes are incorporated in the following sections of this revised TIS. This document is a complete TIS and there is not need for the reader to refer to the original February 2008 TIS as all discussions are repeated here. Introduction Gateway Properties, Inc. proposes to construct the first phase of the Valley Ranch development to consist of 24 independent living units and an 80 unit assisted living center. This development will be located on the east side of US 93 near the north end of Kalispell, Montana (Figure 1). Completion and occupancy of this phase of the development is anticipated for the year 2011. The undeveloped property on which the proposed subdivision will be built totals approximately 80 acres, but only about 5 acres are the subject of this first phase of development. Figure 2 shows the, site plan for the entire 80 acre development, with Phase 1 highlighted near the south end. Surrounding properties in the vicinity of the site include a mix of residential and commercial uses. This traffic study was prepared using standard traffic engineering techniques to evaluate the operational characteristics of the proposed access .point. A traffic capacity and level -of -service analysis are presented herein. Valley Ranch Traffic Impact Study — Revised January 2010 Page 2 Figure 1: Project Vicinity Map a—Church'Dr zffI = v T�`'_� L� c t `nadrtrr c i Church Dt � � t ma Ln= Y,'Nwi*.Trail c r•--7rcnstad.Rd==—r� !�!-- 'u E rl—Clark 2 1 Site Area 9 a=RDs��Crossin RDse"Crassing— IZII/� a ,zI l� {! i i ref✓�Q �' � ,r/!, (! �V�V•R—' j fi7 �IArbour Ot � A eserve ChWRcsDryWReReserve DERe®raDtDr` uis q� P j }�g� oVsillage Greens rev Dlliclub1 �— r -� 'sOr...A.,...__.t- AlAr �....Y.. `Y� ,k�--.7Mrt`�adge U fir Al 7I Z � IAiw'Dr•-' , 311{ .— I tl tJ �i_ w , �1�" 53�D' r��t1s 2 �•v f •—'i ��yC9l^1. 4a� CeN�dilnled �i 11�UY r 6�yf3�.. •.'t(/ Memorial �f'.' .a~ - © ..< QabCii�$i�y:1 Imo" CerivelYry U ;,YJDad!and : Valley Ranch Traffic Impact Study— Revised January 2010 Page 3 Figure 2: Site Plan Valley Ranch Traffic Impact Study— Revised January 2010 Page 4 Existing Traffic Volume To identify existing traffic volumes within the study area, AM and PM peak -period manual traffic counts were conducted on Wednesday and Thursday, September 20 and 21, 2006. The AM peak -period counts were conducted between 7:00 and 9:00 AM and the PM peak -period counts were conducted between 4:00 and 6:00 PM. The count data (in Appendix A) was then analyzed to determine the existing peak -hour traffic volumes at the study intersections. Figure 3 shows the 2006 existing peak -hour traffic volumes on US 93 derived from the traffic counts and used for this report. Figure 3: 2006 Existing Peak Hour Traffic Volume US Highway 93 0 It CO Site Driveway North ti Legend d' AM Peak Traffic (PM Peak Traffic) Valley Ranch Traffic Impact Study — Revised January 2010 Page 5 Adjacent Development The Glacier Town Center may one day be constructed on the property south of Valley Ranch. However, for the purposes of this study it is assumed that this adjacent development will not be constructed in advance of Phase 1 of the subject property. Therefore, none of the Glacier Town Center traffic generation or street improvements are included in the analysis presented in this report. Valley Ranch Traffic Impact Study— Revised January 2010 Page 6 2011 No -Build Traffic Volumes The 2006 existing traffic volumes on US 93 were projected to the study year 2011 using a 1.5 percent per -year peak -hour traffic growth rate. This annual growth rate was calculated based on data from the MDT publication, Traffic By Sections, for US 93 between Grandview Drive and Reserve Drive. (The subject site is actually located in the next highway segment to the north, but that segment is almost ten miles long and extends up to Whitefish. The selected segment is short and located just three- quarter miles south of the site and therefore seems to better represent traffic growth at the site.) . The projected 2011 no -build traffic volumes on US 93 are shown in Figure 4. These volumes represent the baseline traffic condition projected to exist in 2011 without development of Phase 1 of Valley Ranch. Figure 4: 2011 No Build Traffic Volume US Highway 93 a 0 0 C CO 0 � tr* Site Driveway o North Legend AM Peak Traffic (PM Peak Traffic) Valley Ranch Traffic Impact Study — Revised January 2010 Page 7 Site -Generated Traffic Phase 1 of the proposed Valley Ranch subdivision will consist of an 80-bed assisted living center and a 24-unit independent living facility. Information contained in the Institute of Transportation Engineers (ITE) publication Trip Generation (8th Edition) was used to estimate the number of trips that will be generated by the proposed development. Table 1 shows the results of the trip -generation calculations. Table 1: Estimated Valley Ranch Phase 1 Site -Generated Trips Land Use Size ITE Land Use Code Weekday Average Daily Traffic AM Peak Hour PM Peak Hour Enter Exit Enter Exit Assisted Living Center 80 beds 254 213 7 4 8 10 Independe6t Living Facility 24 units 252 84 1 2 2 2 TOTAL I - I - 1 297 8 6 10 12 Assianment of Site -Generated TriDs Existing traffic patterns at the intersection of US 93 and Ponderosa Lane were studied to identify commuter travel patterns in this area. Based on the patterns at this intersection, it is estimated that approximately 20% of site -generated peak -hour trips will be destined to/from US 93 north of the site, and approximately 80% will be destined to/from areas south of the site. The arrival/departure distribution pattern developed for this analysis is illustrated in Figure 5. The site -generated trips from Table 1 were distributed to the roadway network in accordance with the assumed trip distribution pattern. This resulted in the AM and PM peak -hour, site -generated trips shown in Figure 6. Valley Ranch Traffic Impact Study —Revised January 2010 Page 8 Figure 5: Site Generated Traffic Arrival/Departure Pattern US Highway 93 U' /o Site Driveway 1% 80% North Legend Arrival Pattern ---- Departure Pattern Valley Ranch Traffic Impact Study— Revised January 2010 Page 9 Figure 6: Site -Generated Traffic US Highway 93 jN �ry Z1({10) �5 Site Driveway North Legend AM Peak Traffic (PM Peak Traffic) Valley Ranch Traffic Impact Study — Revised January 2010 Page 10 2011 Build Traffic Volumes The estimated site -generated traffic was combined with the 2011 no -build traffic volumes resulting in the projected 2011 build traffic volumes shown in Figure 7. These are the traffic volumes projected to exist in 2011 when Phase 1 of Valley Ranch is complete and fully occupied. Figure 7: 2011 Build Traffic Volume US Highway 93 0 � N co N +_1(2) ',► `�' 2� 5(10) Site Driveway t� tiCO o� n r LO North Legend AM Peak Traffic (PM Peak Traffic) Valley Ranch Traffic Impact Study — Revised January 2010 Page 7 9 Capacity Analysis Capacity analysis of the proposed access point was conducted using the projected 2011 build traffic volumes developed in this report. This analysis was performed in accordance with the procedures presented in the Highway Capacity Manual, 2000 Edition, published by the Transportation Research Board. The analyses worksheets are contained in Appendix B. The analysis procedures result in traffic Level of Service (LOS) rankings from A to F, with A representing essentially free -flow conditions and F representing undesirable levels of driver delay. See Appendix C for a description of the various LOS categories. Valley Ranch Traffic Impact Study — Revised January 2010 Page 92 Intersection of US 93 and Phase 1 Site Driveway Existing Conditions This intersection does not currently exist. US 93 is a north/south arterial highway that consists of two lanes in each direction plus a center two -way -left - turn lane. The site driveway is anticipated as a full movement intersection with stop -sign control on the driveway approach. Capacity Analysis A capacity analysis was conducted for this intersection using the 2011 build traffic volumes developed in this report and the above -described intersection configuration. The results of this analysis are summarized in Table 2. Table 2: US 93 and Phase 1 Site Driveway Level of Service Summary AM Peak PM Peak Hour Hour 2011 2011 Build Build Intersection Approach Delay LOS Delay LOS Southbound 8.6 A 11.1 B Left Westbound 17.5 C 47.8 E Lefl/Right Delay is measured in seconds per vehicle. The driveway approach to US 93 is projected to operate at a LOS C in the AM peak hour and LOS E during the PM peak hour. The projected PM peak hour delay is higher than what is typically desirable, but at 48 seconds per vehicle is not unacceptable. The volume to capacity ratio for this approach is only 0.13, meaning almost 90 percent of the capacity on this approach is unused. The projected level of delay is not unexpected on driveway approaches to major state highways. Significantly, the land uses planned for Phase 1 are very low trip -generators, totaling only 12 exiting trips in the PM peak hour. As an alternative, drivers may elect to turn right (north) from the proposed site driveway and use the junior interchange at Church Drive to turn around and go south toward Kalispell. Church Drive is approximately 1.5 miles north of the subject driveway. Valley Ranch Traffic Impact Study — Revised January 2010 Page 13 f Report Summary, Conclusions, and Recommendations The discussion and analyses contained in this report can be summarized as follows: • Gateway Properties, Inc. proposes to construct Phase 1 of the Valley Ranch subdivision on the east side of US 93 near the north end of Kalispell. This phase will consist of an assisted living center and independent living units. • Access to the proposed Valley Ranch Phase 1 development will be from one driveway onto US 93. Full turning movements are proposed at this driveway for Phase 1 of Valley Ranch only. Any future phases would require an alternative access plan and/or additional traffic analysis. • The proposed development land uses generate very little traffic with only 14 total trips in the AM peak hour and 22 in the PM peak hour. • The proposed driveway intersection with US 93 is projected to operate at an acceptable LOS with reasonable delays for the minor amount of traffic generated. Valley Ranch Traffic Impact Study — Revised January 2010 Appendix A Traffic Count Data v M N N N N Y 2 M N ,p f- x I- O 2 Z ONNC c9l: N0. �.1�.0 O �Np .0 OD f r C N 7 1 y r OWN N N Q N r J t N 2 N N:N'Q N'O N m N V i- C a L L � per riN r r M 0 N N 2 ZO WOOOOM� C m r'77r r OMi ~ to 7 d 0 0 !, v O N r r r n J N Y 2OOiO OOOOO O � F D a L r M N N m 0 0 ry 0 W0000000O 0 Z a �� MNaJr r•toQ N J N Y 2 0 0 O.O 0 0 0 0 O C D p Im piO NtN NrNra r j O w ?200000000 0 a w 2 � J N O�tOO NO N O r m�v,.o_rmv, o I� i� t� ro �o io 0o ci i 0 o�?o-Ino�oN M a; o � �r;1�l��aomm z E o moo m o In D x Y to N a E v N't7{ N N Q Q Q .Z QMi .16. O m N•r N=Q'V' V CR 1O N O Q c0 Ot :-.tD r a p O — rn F 2 tom NIM Od'mr 9 � 010 0 NtO W N� m INO o-r Z 0 W9000inO000 0 a JQt0 cDrQ N.tD t0 N 2 0 0 ojo O O O o O L H (Np pt V w m:r N r to o w� vvv o � Q v o .. M v o BAN N!O Ed iO o:N-O N d' a o m Q D ri v tri r tii in vi 2 E o N a>Qv 11 LL a Valley Ranch Traffic Impact Study — Revised January 2010 Appendix B Capacity Analysis Worksheets US 93 and Phase 1 Site Driveway HCS+: Unsignalized Intersections Release 5.21 TWO-WAY STOP CONTROL SUMMARY Analyst: '\gency/Co . : ate Performed: 12/15/09 Analysis Time Period: Peak AM Hour Intersection: Jurisdiction: Units: U. S. Customary Analysis Year: 2011 Build. Project ID: Valley Ranch TIS East/West Street: Phase 1 Site Driveway North/South Street: US Highway 93 Intersection Orientation: NS Study period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street: Approach Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 514 6 2 666 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 571 6 2 740 Percent Heavy Vehicles -- -- 0 -- -- Median Type/Storage Undivided / RT Channelized? Lanes 2 0 1 2 Configuration T TR L T Upstream Signal? No No `nor Street: Approach Westbound Movement 7 8 9 L T R Volume 5 1 Peak Hour Factor, PHF 0.90 0.90 Hourly Flow Rate, HFR 5 1 Percent Heavy Vehicles 0 0 Percent Grade (o) 0 Flared Approach: Exists?/Storage No Lanes 0 0 Configuration LR Eastbound 10 11 12 L T R n Delay, Queue Length, and Level of Service Approach NB SE Westbound Eastbound Movement 1 4 ( 7 8 9 10 11 12 Lane Config L , LR v (vph) 2 6 C(m) (vph) 1006 293 v/c 0.00 0.02 950-. queue length 0.01 0.06 Control Delay 8.6 17.5 A C hpproach Delay 17.5 Approach LOS C HCS+: Unsignalized Intersections Release 5.21 TWO-WAY STOP CONTROL SUMMARY Analyst: gency/Co.: )ate Performed: 12/15/09 Analysis Time Period: Peak PM Hour Intersection: Jurisdiction: Units: U. S. Customary Analysis Year: 2011 Build Project ID: Valley Ranch TIS East/West Street: Phase 1 Site Driveway North/South Street: US Highway 93 Intersection Orientation: NS Study period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street: Approach Northbound Southbound Movement 1 2 3 ( 4 5 6 L T R L T R Volume 1073 8 2 905 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 1192 8 2 1005 Percent Heavy Vehicles -- -- 0 -- -- Median Type/Storage Undivided / RT Channelized? Lanes 2 0 1 2 Configuration T TR L T I„TTpstream Signal? No No Minor Street: Approach Westbound Movement 7 8 9 L T R Eastbound 10 11 12 L T R Volume 10 2 Peak Hour Factor, PHF 0.90 0.90 Hourly Flow Rate, HFR 11 2 Percent Heavy Vehicles 0 0 Percent Grade (%) 0 0 Flared Approach: Exists?/Storage No Lanes 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SIB Westbound Eastbound Movement 1 4 17 8 9 10 11 12 Lane Config L I LR v (vph) 2 13 C(m) (vph) 589 97 v/c 0.00 0.13 95% queue length 0.01 0.45 Control Delay 11.1 47.8 7 B E ,,, proach Delay 47.8 Approach LOS E Valley Ranch Traffic Impact Study— Revised January 2010 Appendix C Level of Service Definitions Valley Ranch Traffic Impact Study — Revised January 2010 Appendix C Unsignalized Intersection Level of Service (Defined Level of Service (LOS) for unsignalized (two -way -stop -controlled) intersections is determined by the control delay experienced by drivers on each minor approach. Minor movements are those entering from or exiting onto the stop -controlled side street(s). LOS is not defined for the intersection as a whole, but rather for each minor movement individually. The delay value used in determining LOS is known as "control delay." Control delay is defined as the total delay experienced by a driver and includes initial deceleration delay, queue move -up time, stopped delay, and final acceleration delay. The delay a vehicle experiences is a function of the capacity of the approach and the degree of saturation on the uncontrolled (un-stopped) roadway (i.e. the number of acceptable gaps in the passing traffic stream). LOS values range from A to F. The delay range for each LOS value is as shown in the following table. Level of Service Criteria for Two -Way -Stop -Controlled Intersections LEVEL OF SERVICE AVERAGE CONTROL DELAY (SECONDSNEHICLE) A 0-10 B >.10-15 C >15-25 D >25 — 35 E >35 — 50 F >50 Source: Transportation Research Board, Highway Capacity Manual, Special Report No. 209, 2000. E t t t G M RO.BOX .5159 • 1075 TRUN IBLE CREEK KID- UNITE ' KALISPELL. NIT 59903-51.59 OFFICE: 406-2.57-8156 L' cnet isc-ic��' FAX: 406-257-8171 FrT7Pr \(VXi.C\ICENGINEIRfiNG.CO\1 September 28, 2006 Gateway Properties, Inc. PG Box 8776 Kalispell, MT 59904 Attention: Mr. Earl Holbeck Subject: Preliminary Geotechnical Investigation Glacier Valley Village Kalispell, Montana it CMG Job No. 46-227 At your request, CMG Engineering, Inc. (CMG) has conducted a preliminary geotechnical investigation for the proposed Glacier Valley Village Development in Kalispell, Montana. The Site Plan, Figure 1, shows the general location of the site. The investigation was conducted to evaluate subsurface materials, conditions at the site, and develop general recommendations regarding suitability of the subsurface soils for development. The investigation included a review of existing subsurface information for the site vicinity, subsurface explorations, field and laboratory testing, and engineering analyses. This report describes the work accomplished and provides our conclusions and general recommendations for use in the preliminary design and feasibility studies for the proposed project. CMG has strived to perform the investigation and develop recommendations in a manner consistent with the degree of care that is presently standard to the geotechnical engineering profession. PROJECT DESCRIPTION The project site consists of two, approximately 40 acre parcels, near US Hwy 93 and across the highway from the Big Mountain Golf Club, north of Kalispell, Montana. The 80 acre site is in the shape of a reverse diamond. The north 40 acre parcel borders US Hwy 93 and the southeast corner of the north 40 acres adjoins the northwest corner of the south 40 acres, as shown on the Site Plan, Figure 1. The proposed site is bordered by residential construction, US Hwy 93, commercial buildings, and agricultural fields. The location of the site and surrounding properties are shown on the Site Plan, Figure 1. Based on discussions with you, we understand it is desirable to develop the property with infrastructure including underground utilities, asphaltic concrete paved roads, and we assume a mixture of residential and commercial structures. We anticipate utility construction could Glacier Valley Vifiage CMG Engineering, Inc. extend to a depth of about 10 to 15 feet below the ground surface, and site fills could be up to about 10 feet thick. We understand the proposed structures will consist of one-, two- and possibly three - level structures. SITE DE, SCRIPTT®N General The project site is reverse diamond -shaped and borders US Hwy 93 to the west, residential construction to the north, and agricultural fields to the east and south. The newly constructed Kalispell Armory is just south of this site. The site is relatively flat with gently sloping hills along the east side of the north 40 acres and the north side of the south 40 acres. The site has been historically used for agricultural purposes. Fill material was not observed on the site. We also understand prior development has not occurred on the site. Topography Review of the available topographic maps from the US Geological Survey indicate the site is relatively flat and near elevation 3,040 ft with the hills, as mentioned previously, extending up to elevations of about 3,080 ft. Geology ! The project site lies in the Rocky Mountain Trench bounded by the Salish Mountains to the West and Swan Range to the East. The trench was traversed by the Flathead Glacier and was covered by substantial areas of glacial lakes during recession of the ice mass. The surficial geology of the area consists of silts and sands deposited by glacial lakes overlying glacial till soils consisting of silty gravel with large cobbles and boulders that were deposited during glaciation of the area. SUBSURFACE, CONDITIONS General Subsurface materials and conditions at the site were investigated on July 24 and 25, 2006, with ten borings, designated 13-1 through B-10. The borings were advanced to depths ranging from about 15.7 to 20.8 ft. Piezometers consisting of 2-inch diameter PVC pipe with the lower 5 ft screened to allow for water infiltration were constructed in Borings B-1 and B-5. The approximate locations of the borings are shown on Figure 1. A detailed discussion of the field exploration and laboratory testing programs completed for this investigation are provided in Appendix A. Logs of the borings are provided in Appendix A on Figures I through 10A. Soils The site has been historically used for agricultural purposes and a 0.8 to 2.0 ft topsoil/cultivated zone was encountered at the ground surface. The borings indicate the soils beneath the topsoil and cultivated zone are lakebed deposits consisting of interbedded layers of silt with varying percentages of sand and silty clay, underlain by stiff to very stiff silt with varying percentages of gravel. For the purpose of discussion, the materials and soils disclosed by the borings Page 2 CMG Engineering, Inc. Glacier Valley Village have been grouped into the following categories: 1. TOPSOIL 2. SILT and SAND 3. Silty CLAY 4. SILT with Gravel 1. TOPSOIL. All borings advanced for this proj ect encountered topsoil at the ground surface. The topsoil generally consists of dark brown silt with abundant organics and roots. Standard Penetration Test (SPT) blow counts of 7 to 19 indicate the topsoil is medium stiff to very stiff. Moisture contents range from 4 to 21 percent. The topsoil thickness ranges from 9 to 24 inches thick with an average thickness of about 18 inches. 2. SILT and SAND. Silt with varying percentages of sand, and sand with varying percentages of silt were encountered beneath the topsoil layer in all boring except B-1 and B-5. The silt and sand soils generally contain intermittent layers of sandy silt and silty sand, and extend to depths ranging from 4.2 ft to 16 ft deep. The sand is generally fine grained and the relative consistency of the silt soils range from medium stiff to stiff and the sand soils are generally loose to medium dense, based on SPT blow counts of 4 to 16 blows per foot. Moisture contents of representative samples range from 5 to 30 percent with the moisture contents typically increasing with depth. The silt and sand soils are generally underlain by silty clay or silt with gravel soils. 3. Silty CLAY. Light gray, brown, and pinkish silty clay was encountered beneath the topsoil or silt and sand layers in all borings except B-3 and B-7. The depth to the top of the silty clay layer ranges between 1.2 to 15.6 ft. The silty clay is a lakebed deposit and is varved with interbedded layers of lean clay and fine grained sand. This deposit generally exhibits increased shear strength values in the upper 10 to 15 ft due to years of wetting and drying. The relative consistency of this soil unit tends to decrease with depth as the moisture content increases. N-values of 3 to 35 blows per ft indicate the consistency ranges from soft to hard. Moisture contents of representative samples range from 14 to 32 percent. Borings B-2, B-4, B-8, B-9, and B-10 were terminated in this soul unit at depths of 15.7 to 20.8 ft. 4. SILT with Gravel. Silt with varying percentages of gravel was encountered beneath the silt, sand and silty clay layers in Borings B-1, B-3, B-5, B-6, and B-7. The silt with gravel soils were encountered at depths ranging from 6.5 to 16.0 ft below the ground surface. Cobbles and boulders were not encountered within this layer during drilling operations; however, we anticipate they are present and should be anticipated when excavating into this layer. In addition, rock fragments larger than 3 ft maximum size are common in this soil unit and may be encountered in large cut areas or during utility construction. SPT blow counts ranging from 4 blows per foot to 50 blows for 4 inches indicate the silt with gravel soils are soft to hard. Blow counts typically range from I I to 25 blows per foot, indicating stiff to very stiff soils. Moisture contents range from 2 to 15 percent. Borings B-1, B-3, B-5, B-6, and B-7 were terminated in this soil unit at depths of 15.7 to 20.7 ft. Page 3 Glacier Valley Village CMG Engineering, Inc. Groundwater Groundwater was observed in most explorations completed for this project, depending on the elevation of the boring. The highest groundwater depths observed were in. the low lying areas and were about 4.5 to 9 ft below the ground surface. We anticipate the groundwater level rises and fails in response to rainfall and snowmelt. Numerous other factors may contribute to groundwater fluctuations and occurrence of seepage; evaluation of these factors requires special study that is beyond the scope of this report. CONCLUSIONS AND RECOMMENDATIONS ENDATIONS General Based on discussions with you at the time of this investigation, we understand the proposed development will consist of numerous lots with sanitary sewer lines, water lines, and asphaltic concrete paved roadways. Typical lot development will consist of one- to two-story structures with three-story structures, possible. We anticipate minimal cuts, and fills up to possibly 10 ft in height may be planned.for this development. In our opinion, the site soils are suitable for development; however, due to the relatively low near surface moisture contents, significant moisture conditioning of the near surface soils will be necessary to achieve adequate compaction. In addition, groundwater should be anticipated in some utility trench excavations. Site Preparation The near surface soils encountered during our subsurface investigation consist.primarily of cultivated silts and topsoil. The cultivated silt and topsoil will need to be removed in all areas of site grading, roadway, sidewalk areas, or other settlement sensitive areas prior to commencement of work. The silt soils can be placed over the lots as topsoil, following mass grading. The soils near the ground surface consist of moisture sensitive fine grained soils with little cohesion. As a result, these soils can be easily disturbed and strength diminished during construction, particularly in relatively high moisture content areas and where surface water is allowed to pond. Therefore, positive site drainage is of critical importance to both construction and long-term performance of the proposed development. Based on our observations during drilling, it appears the groundwater level is relatively high in the low lying areas near the northeast comer of the site. Surface diversion and seepage cutoffsystems should be considered necessary and will assist in maintaining the undisturbed foundation soils in these areas during foundation construction. Utility construction below the water table will likely require dewatering and may require subgrade stabilization material in areas of soft soils or where water was allowed to pond and soften the underlying subgrade. Soils encountered at the site are moisture -sensitive and are easily disturbed by construction activities and traffic. Heavy constructiontraffic should nottravel directly over fine-grained subgrade soils in areas where the soil is near or wet ofthe optimum moisture content as determined by ASTM D698. In areas where heavy construction traffic is anticipated, haul roads with a minimum gravel Page 4 Glacier Valley 'Village CMG Engineering, inc. thickness of 2 feet should be constructed over the planned subgrade. The gravel should consist of a well -graded pit run gravel with a maximum size of 3 inches with no more than 10 percent passing the No. 200 sieve. Geotextile fabric placed between the fine-grained soils and gravel for the haul road will reduce the risk of continued maintenance of the haul mad during construction. Provided that the haul road is constructed over firm subgrade stripped of organics, it can be used as a portion of the subbase course for roadway areas. In addition, moisture contents of the near surface soils, in most areas, at the time of our investigation were below the optimum moisture content for the silt with sand soils; indicating the risk of disturbing the soils with construction traffic is low, assuming adequate drainage is provided. However, due to the low moisture contents and lack of cohesive soils near the ground surface, it will be necessary to scarify the upper 8 inches of subgrade soils, moisture condition the soils to within 3 percent of the optimum moisture content, and compact the soils to a minimum of 95 percent of the maximum dry density as determined by A.STM D698 prior to construction of fills, roadways, buildings, and other settlement sensitive developments. ]Foundation Design The site is relatively fiat with groundwater within 4.5 to 9 ft of the ground surface across much of the site. Due to the risk of water infiltration into basements and the lack of areas to gravity drain water collected below grade, we recommend basements not be constructed within the flat areas of this development. Construction of basements and below grade structures is reasonable in the ` higher areas of the site along the slopes. Footings should be established in the undisturbed stiff silt, sand, silty clay or silt with gravel soils. Precautions to minimize disturbance of the bearing surface and reduce. associated differential settlements will be provided in the final geotechnical investigation report. The foregoing recommendations present our preliminary geotechnical input to assist in the design and feasibility studies for this project. In order for these recommendations to be properly incorporated in the subsequent design and construction stages we recommend that a final geotechnical investigation be completed for this project. This will likely consist of more subsurface explorations and possibly settlement analysis in large fill areas. We recommend our geotechnical engineering staff remain involved with the project to ascertain that our recommendations have been properly interpreted both during design and construction. These services will reduce the potential for misinterpretation of subsurface conditions and geotechnical design recommendations that are important in the preparation of project plans, specifications and bid documents. MUTATIONS CMG Engineering, Inc. has strived to prepare this report in accordance with generally accepted geotechnical engineering practices in this area solely for use by the client for preliminary design and project feasibility purposes and is not intended as a construction or bid document representing subsurface conditions in their entirety. The conclusions and recommendations presented are based upon the data obtained during the investigation as applied to the proposed design Page 5 Glacier Valley Village CMG Engineering, Inc. and construction details discussed in this report. The mature and extent of variations between the borings may not become evident until the final geotechnical investigation is completed or during construction. Uvariations are then exposed, it will be necessary to reevaluate the recommendations of this report. If changes in the concept or design data are planned, the recommendations contained in this report shall not be considered valid unless the changes are reviewed by our geotechnical engineer, and a written response is provided. Sincerely, C John W. Ayers, P.E. Senior Materials Engineer Page 6 Joshua. C. Smith, P.E. Senior Geotechnical Engineer Project: Glacier Valley Village Kalispell, Montana . ... .... ....... --- Ot zoom ol , _J zDwd - ; u--esy of f--,c- �eologzc-i Sul. Job Number: 06-227 Date: September 28,2006 Site Plan CMG Engineering,, Inc. Kalispell, MT RIC-11IRP I PEI A Field Explorations and Laboratory Vesting Glacier Valley Village CMG Engineering, Inc. FIELD EXPLORATIONS .AND LABORATORY TESTING FIELD LD EXPLORATIONS General The subsurface materials and conditions at the site were investigated by CMG on July 24 and 25, 2006, with ten borings designated B-1 through B-10. The locations of the borings are shown on the Site Plan, Figure 1. All field explorations were observed by an experienced engineer or geologist provided by our firm, who maintained a detailed log of the materials disclosed during the course of the work. The following subsections contain a detailed description of the field investigation completed for this project. Borings Borings B-1 through B-10 were completed to depths ranging from 15.7 to 20.8 ft. The borings were drilled with hollow -stem auger techniques using a truck -mounted Mobile B61 drill rig provided and operated by O'Keefe Environmental Drilling of Butte, Montana. Disturbed and undisturbed samples were obtained from the borings at 2.5- to 5 ft intervals of depth. Disturbed samples were obtained using a standard split -spoon sampler. At the time of sampling, the Standard Penetration Test (SPT) was conducted. This test consists of driving a standard split -spoon sampler into the soil a distance of 18 in. using a 140-1b hammer dropped 30 in. The number of blows required to drive the sampler the last 12 in. is known as the Standard Penetration Resistance, or N- value. The N-values provide a measure of the relative density of granular soils, such as sand, and the relative consistency or stifess of cohesive soils, such as silt and clay. The soil samples obtained in the split -spoon sampler were carefully examined in the field, and representative portions were saved in airtight plastic bags for further examination and physical testing in our laboratory. Undisturbed soil samples were collected using a thin walled shelby tube pushed into the soil with the drill rig's hydraulics. Logs of the borings are provided on Figures IA through 10A. Each log presents a descriptive summary of the various types of materials encountered and notes the depth where the materials and/or characteristics of the materials change. To the left of the descriptive summary, the numbers and types of samples taken during drilling operations are indicated. To the right, N-values are shown graphically, along with the natural moisture contents, Atterberg Limits, and Torvane shear strength values. LABORATORY TESTING General All samples obtained from the borings were returned to our laboratory where the physical characteristics of the samples were noted, and field classifications were modified where necessary. The laboratory testing program for this project consisted of natural moisture contents. Natural moisture content determinations were made in conformance with ASTM D2216. The results are shown on the boring logs, Figures I through I OA. Page A-1 BORING LU(s O O.a. w a O. f- 0 CLIENT: Gateway Properties, Inc. DATE: July 24, 2006 LOCATION. N. 40 Acres, NW Corner ELEVATION: DRILLER: O'Keefe Drilling Steve LOGGED BY: Jeff Schmidt METHOD: Hollow -stem Auger GW: ---- 8.7 7-25-06 GW(2): TEST RESULTS MATERIAL DESCRIPTION Plastic Limit Liquid Lim! Water Content Q (percent) N-values A (Slows per foot) S-1 0.0 J ✓ J J J " SILT; stiff, moist, abundant organics, dark brown J JJJ i 1.2 OPSOIL m Silty CLAY; stiff, moist, thinly bedded to laminated, gray, pinkish brown and brown a a ® S-2 5 - n 6.5 m A a 10 18-3 b .S u m c M 43 0 iI1 V-4 0 15 ". F I 1 1 15.74 --i m O 20 k A m ..i 0 N c 0 r- F- 25 35 Gravelly SILT with Sand; very stiff, subangular to subround gravel, grayish brown Bottom of Boring B-1 @ 15.7 ft. 2"Diameter perforated PVC pipe installed to 1 4.2 for periodic groundwater measurements. re Inc, B-2 x it JE u, t2' Lu!9 U) -4w 0 5 10 15 tp r 14 14 — 20 0 A 0 -P - 0 -26 iL O of IU 0 F30 LR 35 CLIENT: Gateway Properties, Inc. DATE: -- July 24,2006 LOCATION: N. 40 Acres, NE Corner ELEVATION: DRILLER: O'Keefe Drilling - Steve LOGGED BY: Jeff Schmidt METHOD: Hollow stem Auger GW: -k- 4.51 7-24-06 GW(2): TEST RESULTS MATERIAL DESCRIPTION Plastic Limit 1 Liquid Urni Water Content 09 (percent) N-values A (Blows per foot) 0.0 ,' �' SILT; medium stiff, moist, abundant organics, dark JJJJ JJJJ brown (TOPSOIL) JJJJ S-1 2.0 poorly Graded SAND with Silt; loose, moist, fine grained sand, brown S-2 4. Silty CLAY; medium stiff to stiff, moist, thinly bedded IN laminated, gray, pinkish brown and brown Interbedded with silt and sand layers S-31 IZDffj Tof heave in augers at 14-2 ft due to sand layer S-4 S-5 scattered gravels below 15 ft 20.7f--- I Bottom of Boring B-2 @ 20.7 ft. 1 nc. I CLIENT: Gateway Properties, Inc. DATE: July 24, 2UU0 LOCATION: N. 40 Acres, SW Comer ELEVATION: DRILLER: O'Keefe Drilling - Steve LOGGED BY: Jeff Schmidt METHODH 11 st A GW- = o ow- em uger 9W(2): H--0-22 [HwiaVn1k%•vWo= DeeP ed:I.0"sW TEST RESULTS .T ° " MATERIAL DESCRIPTION Plastic Limit Water Content Li uid Limes Q o to Q (percent) N-values A (Blows per foot) 0 S-1 0.0 J J J J SILT; medium stiff, moist, abundant organics, dark 1.0 brown(TOPSOIL) SILT with Sand to Sandy SILT; medium stiff, moist, fine grained sand, brown, soil tends to coarsen with depth a m S-2 5 14 7.0 Gravelly SILT with Sand; stiff to very stiff, subangular to subround gravel, grayish brown A 10 S-3 d a� m N R R a° 15 S-4 5 Bottom of Boring B-3 @ 15.8 ft. b q 0 20 43 0 .t 0 0 25 a a 0 0 0 ' 30 ,a e H 35 Groundwater not encountered PAGt 1 of 1 CMG Engineering, Inc. _ -� W Z W a a w u _I 0 n i I� m 14 u 20 A ..00 0 a 25 a H m a a 0 a 0 30 m N K 35 CLIENT: Gateway Properties, Inc. DATE: July 24, Lvuo LOCATION: N. 40 Acres, SE Corner on Hill ELEVATION: DRILLER: O'Keefe Drilling - Steve LOGGED BY: Jeff Schmidt METHOD: Hollow -stem Auger GSU►: GW(2): TEST RESULTS MATERIAL DESCRIPTION I Plastic Limit i i Liquid Water Content � (percent) N-values A (Blows per foot) S-1 SILT; medium stiff, damp, abundant organics, dark 1 brown TOPSOIL SILT with Sand to Sandy SILT; medium stiff; damp, fine grained sand, brown, - soil tends to coarsen with depth S-2 4.2 Silty SAND; loose, damp, fine grained S-3 S-4 Silty CLAY; medium stiff to stiff, moist, thinly bedded laminated, gray, pinkish brown and brown Interbedded with silt and sand layers S-5 20.7 Bottom of Boring B-4 @ 20.7 ft. Groundwater not encountered. Figure Engineering, Inc. BOfiINU LVta a 0 CLIENT: Gateway Properties, Inc. DATE: July 24, 2006 LOCATION: N. 40 Acres, S. Side near Center ELEVATION: DRILLER: O Keefe Drilling - Steve _ LOGGED BY: Jeff Schmidt METHOD: Hollow -stem Auger GW: g 9.0 7-25-06 GW(2): TEST RESULTS MATERIAL DESCRIPTION Plastic Umit i Liquid Limn Water Content 0 (percent) N-values ♦ (Slows per foot) S-1 0.0 JJJJv JJJJ SILT; stir moist, abundant organics, dark brown O JJJJ (TOPSOIL) � JJJJ � JJJJ 2 0 Silty CLAY; stiff, moist, thinly bedded to laminated, wgray, pinkish brown and brown 0 5 S-2 Interbedded with silt and silty sand layers below 10 ft O Isaturated below 9 ft t m A b S-5 u 20 0 Q 20. 41 N 0 25 a" 0 a 0 30 W 35 SILT with Gravel; medium stiff, subangular to subround gravel, grayish brown Bottom of Boring B-S @ 20.7 ft. 2"Diameter perforated PVC pipe installed to 19. O'for periodic groundwater measurements. Lire no, inc. BORING °°"®G CLIENT: Gateway Properties, Inc. DATE: July 24, 2006 LOCATION: S. 40 Acres, NW Corner ELEVATION: DRILLER: O'Keefe Drilling - Steve LOGGED BY: Jeff Schmidt B'6 METHOD: Hollow -stem Auger GW: a 15.0 7-24-06 GW(2): Fik:Ofi�?7 Giociet Vnlla•V'�I Dotc ed: IO/L2UIIC H a w a MATERIAL DESCRIPTION TEST RESULTS Plastic limit i Liquid Limi q w o " Q ,. 0 water Content (percent) N-values ♦ (Blows per foot) 0 10 20 30 40 50 60 70 SO 90 ... I J SILT- S-1 0.0 r 0 20 A 0 4 43 ;4 0 25 a a i� iV m a a 0 0 30 xH 35 � � J J J J 1.5 TOPSOIL. SILT; stiff, moist, gray S-2 Interbedded with 2 to 6" Sandy Silt layers S-3 S-4 14.2 Silty CLAY; medium stiff to stiff, moist, thinly bedded 15 laminated, gray, pinkish brown and brown terbedded with silt and sand layers SILT with Gravel; medium stiff to stiff, very moist to S-5 saturated subangular to subround gravel, grayish brown 20.7 Bottom of Boring B-6 @ 20.7 ft. 6A PAGE 1 of 1 CMG Engineering, Inc. 1--M _... �m mam_ 10- oig 0 S-1 0.0 415, 0. a m 0 m S-2 u 0 a .e ON b 10 S-3 WX H d� 13.0 m A 0 15 S-4 b 5 tp 20 A a 0 4. 0 0 25 43 u m ss, a 0 30 p �rl k H 35 F 1 15. CLIENT: Gateway Properties, Inc. DATE: July 24, 2006 LOCATION: S. 40 Acres, NE Comer ELEVATION: - DRILLER: O'Keefe Drilling -Steve LOGGER BY: Jeff Schmidt METHOD: Hollow -stem Auger GW: -v, uzron6 GW(2): TEST RESULTS MATERIAL DESCRIPTION Plastic UrWd i i Liquid tamH Water Content c (percent) N-values A (Blows per foot) SILT; medium stiff, damp, abundant organics, dark Sandy SILT and Silty SAND; loose, damp to raoist, fine grained sand, brown, soil tends to coarsen with depth Silty GRAVEL with Sand; very dense, subangular to subround gravel, scattered. cobbles and boulders, grayish brown Bottom of Boring B-7 @ 15.7 ft. Groundwater not encountered. 7A r r nc. 1 B-8 CLIENT: Gateway Properties, Inc. DATE: July 24, 2006 LOCATION: S. 40 Acres, Center ELEVATION: DRILLER: O'Keefe Drilling - Steve LOGGED BY: Jeff Schmidt METHOD: Hollow -stew Auger GUN: GW(2): 4s� _ a z S ,^ TFS 1 RFSI 11 rS o 2 a W a. co o 0- MATERIAL DESCRIPTION! d S-1 0.0 JJJJ JJJJ SILT; stiff, damp, abundant organics, dark brawn 1.4 TOPSOIL SILT with Sand; stiff, moist, fine grained sand, brown 5 S-2 4.2 Silty CLAY; medium stiffto stiff, moist, thinly bedded laminated, gray, pinkish brown and brown Interbedded with silt and sand layers 10 IfS-3 0 0 0very moist to saturated below 14 ft l L42 G a G 20 A 0 0 G O 25 P P. G 0 30 E 35 S-4 15. 1 Bottom of Boring B-8 @ 15.7 ft. Groundwater not encountered. Water Content sf; (percent) . N-values ® (Blows per foot) PAGE 1 of 1 CMG Engineering, Inc. Liquid Lim I 1C5V:'�I II�� IL.�9�i —9 CLIENT: Gateway Properties, Inc. DATE: July 25, 2006 LOCATION: S. 40 Acres, SW Comer ELEVATION: DRILLER: O`Keefe Drilling - Steve LOGGED BY: Joshua Smith METHOD: Hollow stem Auger GW: * GW(2),. o m O to m o m d a o� W MATERIAL DESCRIPTION T('TOPSOIL) S-i 0.O YJJJ ✓ J J J SILT; sty damp, abundant organics, dark brown JJJJ JJJJ JJYJ m a 0 S-2 2.0 STLT with Sand; stiff, moist, fine grained sand, brown a 5 S-3 4.2 Silty CLAY; stiff, moist, thinly bedded to laminated, gray, pinkish brown and brown V Interbedded with silt and sand layers p � 01, very moist to saturated below 13 ft b 90 o soft to medium stiff below 18 ft H O S 0 i M p� +f S-6 20 a p 20. 43 11 0 25 0 V I 30 35 Bottom of Boring B-9 @ 20.7 ft. Groundwater not encountered re 9A PAGE 'I of 1 TEST RESULTS Plastic Limit i Liquid Water Content 0 ' (percent) N-values A (Blows per foot) nc. Gateway Properties, Inc. REQUEST FOR A PLANNED UNIT DEVELOPMENT STAFF REPORT #KPUD-08-1 KALISPELL PLANNING DEPARTMENT AUGUST 6, 2008 A report to the Kalispell City Planning Board and the Kalispell City Council regarding the request for a Planned Unit Development (PUD) on a property located on the east side of Highway 93 approximately I V2 miles north of the intersection of Highway 93 and West Reserve Drive. A public hearing has been scheduled before the planning board for August 12, 2008, beginning at 6:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. A. Petitioner and Owners: Technical Assistance: Gateway Properties, Inc. 354 Plantation Drive Kalispell, MT 59901 (406) 249-7317 Sitescape Associates P.O. Box 1417 Columbia Falls, MT 59912 (406) 892-3492 B. Nature of the Request: The property owners have requested a Planned Unit Development (PUD) overlay zoning district on the 80.7± acre project site. The PUD will be known as Valley Ranch which proposes 85 residential lots, 33 townhouse lots, a future assisted and independent living facility with up to 104 units and an apartment/condominium lot capable of accommodating 160 units. The PUD plan calls for 21.2 acres of open space and parkland on the project site. The proposed plan departs from the requested zoning of R-2 with regards to uses permitted within the zoning district and minimum lot area. A detailed discussion of the proposed deviations from the R-2 zoning district can be found on page 7. C. Location and Legal Description of Property: The properties included in the proposed project can be described as Tract 2, Tract 3 and Tract 213C in Section 19, Township 29 North, Range 21 West. The 80.7± acre project site is located on the east side of Highway 93 approximately 1 1/2 miles north of the intersection of Highway 93 and West Reserve Drive. The project site has approximately 1,100 feet of highway frontage between the Ponderosa Veterinary Hospital and Montana Home Outfitters. From the highway, the project site extends east and south wrapping around the southern boundary of the Ponderosa subdivision. D. Existing Land Use and Zoning: The property is within the city limits and is zoned R-2 (Single Family Residential). The R-2 zoning district is intended primarily for detached single-family dwellings. It has a minimum lot size requirement of 9,600 square feet and a minimum lot width of 70 feet. Setbacks are 20 feet in the front and 10 feet on the sides and rear. The 80.7t acre project site is currently undeveloped. The land is level for the most part with a small hill along the western boundary of the site adjacent to Highway 93. Portions of the eastern boundary of the project site are at the base of another small hill, the majority of which makes up the area developed with the Ponderosa Subdivision, a single-family residential subdivision located in the county. E. Adjacent Land Uses and Zoning: North: Single-family homes and commercial business, County B-1 and County R-1 zoning East: Single-family homes; County R-1 and SAG-10 zoning South: Agricultural lands; City R-3 /PUD West: Commercial businesses and National Guard Armory; County SAG-10 zoning F. General Land Use Character: This site is in a mixed use area generally characterized as agricultural lands mixed with single family residences to the east and north of the site. Immediately south of the site is a large agricultural tract of land within the city limits. Although the land is currently in agricultural production a lifestyle center and associated commercial development totaling 1.8 million square feet as well as 632 residences has been approved for this property. To the west, along Highway 93, are existing commercial businesses and a church. Across Highway 93, on its west side, is a private golf course. The property has been in agricultural production for the last several decades. The site is for the most part level with slopes along the western and eastern boundaries. Pine trees with an understory of grasses are located in the sloped portions of the site. G. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: Private contractor Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District #5 Fire: Kalispell Fire Department Police: City of Kalispell EVALUATION BASED ON STATUTORY CRITERIA FOR INITIAL ZONING AND PROPOSED PUD OVERLAY The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.30.020, Kalispell Zoning Ordinance. 1. Does the requested zone comply with the growth policy? t - 2 On August 7, 2006 the Kalispell City Council adopted Resolution 5129B which amended the Kalispell Growth Policy Future Land Use map north to the intersection of Highway 93 and Church Drive. On the amended land use map the 80.7f acre project site is designated suburban residential with typical densities of up to 4 dwelling units per gross acre. The current R-2 zoning district provides primarily for detached single-family dwellings. It has a minimum lot size requirement of 9,600 square feet and a minimum lot width of 70 feet. Setbacks are 20 feet in the front and 10 feet on the sides and rear. The requested PUD would deviate from the minimum lot size and uses within the R-2 including an assisted and independent living facility and apartment/ condominium development. Both of these types of housing are not permitted in the R-2 zoning district. The Kalispell Growth Policy 2020, Chapter 3, Policy 9 states in part that suburban housing densities should not exceed two to four dwellings per. gross acre. The proposed PUD includes a combination of single family residential homes, apartment/ condominium lot and townhouse lots for a total number of 278 dwelling units on 75.8 acre portion of the project site. The 80 assisted and 24 independent living units are proposed on the remaining 4.9 acre lot. The purpose of restricting the density to a maximum of 4 dwelling units per acre is to reduce the impacts that density brings to an area. This includes an obvious increase in population which in turn creates increases in automobile traffic, paved surfaces, noise, outdoor lighting and need for parkland and open space areas. The proposed 278 dwelling units are comprised of the single family residential homes, apartment/condominium units and townhomes. These units will bring the above mentioned impacts to the immediate area. Based on the 278 dwelling units over 75.8 acres, the gross residential density is 3.6 dwelling units per acre. The assisted and independent living units should be considered a stand alone use outside of the typical impacts associated with other residential uses on the project site. The proposed units will provide homes for people who do not have children and many of whom are single. Traffic impacts are generally much lower as many residents do not drive. Other impacts which can be associated with typical homes as described above are limited or non-existent. Therefore, the planning department's position is the overall density of the project should be considered at 3.6 dwelling units per acre, in line with the suburban residential land use designation. Subsection b of Policy 9 further states that the suburban residential designation is intended to reduce density and development impacts in sensitive areas and existing rural neighborhoods. The proposed PUD complies with this policy by providing for larger lots, varying between 15,OOOt square feet to 30,OOOf square feet adjacent to the Ponderosa subdivision, a rural neighborhood platted in the late 1970's and early 1980's. Lots vary between one-half acre to one acre in size. The larger lots would provide a transition between the Ponderosa subdivision and the smaller lots, apartments, and assisted/independent living units proposed in the interior of the PUD layout. 3 Chapter 3, Policy 2 of the Kalispell Growth Policy 2020 states, "Encourage the development of urban residential neighborhoods as the primary residential land use pattern in the growth policy area by allowing urban residential densities in areas designated as suburban residential provided the development is consistent with the character of the area and public services are adequate." Recent changes in land use include the 485 acres south of the project site in which the city council acted on an annexation, zoning and PUD overlay for the Glacier Town Center earlier this year. The Glacier Town Center project includes residential and commercial development comprised of 632 dwelling units and approximately 1.8 million square feet of commercial and office space. Once developed, the rural/suburban area will be residential and commercial making the Valley Ranch development blend with the character of the area. Water and sewer main lines have also been extended north from Highway 93 and West Reserve Drive along the Highway 93 right-of-way to serve the Silverbrook subdivision. The first phase of this subdivision has received final plat approval from the city council this year and the water and sewer lines can be accessed by the developers of Valley Ranch. With the availability of public services and the changing character of the area, a mix of housing types is appropriate for this area. The Valley Ranch project has incorporated larger lots and open space areas between it and the existing Ponderosa subdivision. The denser housing (assisted and independent living and apartment units) are located more centrally within the project. Based on the above discussion, the proposed PUD zoning district can be found to comply with the suburban residential land use designation and implement the policies regarding housing as found in Chapter 3 of the Kalispell Growth Policy. 2. Is the requested zone designed to lessen congestion in the streets? As part of the overall project proposal, the developer conducted a traffic impact study to provide possible measures to mitigate the increase in traffic the development proposal will have on Highway 93. It can be anticipated that with development of the property there will be increased traffic impacts in the area due to the relatively low density of the area currently and the relatively higher density requested under the PUD zoning. Additionally, through the PUD and subsequent subdivision review process conditions will be recommended to insure that existing streets are upgraded and new traffic routes are provided to lessen congestion in the streets. A full discussion of the traffic impact study and recommended mitigation measures can be found under the review for the PUD in this staff report. 3. Will the requested zone secure safety from fire, panic, and other dangers? At the time this property is developed, the property owners will be required to insure that there is adequate infrastructure in the case of an emergency. There are no features related to the property which would compromise the safety of the public. New construction will be required to be in compliance with the building safety codes of the city. All municipal services including police and fire 0 protection, water and sewer service is available to the property. The site is within the immediate service area of the new north Kalispell fire station. 4. Will the requested zone promote the health and general welfare? The requested zoning classifications will promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties and provides a place for new housing in the community. 5. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone prevent the overcrowding of land? As previously noted, this area has been anticipated for suburban residential development. The anticipated densities of the proposed zoning district can be found to be consistent with the land use designation for the site. All public services and facilities will be available to serve this property. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area. This is unlikely. 7. Will the reauested zone avoid undue concentration of beo-Dle? An increase in the number and concentration of people in the area will result with the approval of the requested PUD. However, the intensity of the uses of the property would be in direct relationship to the availability of public services, utilities and facilities as well as compliance with established design standards. The design standards and availability of utilities would provide the infrastructure needed to insure that there will not be an overcrowding of the land or undue concentration of people. Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is further developed. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? Municipal water and sewer have been extended along Highway 93 past the site to the Silverbrook Estates subdivision, located at the intersection of Church Drive and Highway 93. The water and sewer lines have been sized to accommodate this development. The developer would need to extend the needed city services that are not currently extended to the property at the developers' expense and in accordance with the city's policies and standards. This most likely includes a road connection south to the future Rose Crossing extension between Whitefish Stage Road and Highway 93. New improvements to the property such as roads, water, sewer, parks and drainage would be installed in accordance with city policies and standards at the developers' expense prior to subdivision approval thereby insuring that there is adequate 9 provision of services at the site prior to development. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. There will be impacts to services that can be anticipated as a result of this proposal which can be met by the city. All public services and facilities are currently available or can be provided to the property. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The 80.7 acre site is fairly level throughout with a small hill on the western boundary of the site and some moderate slopes along the eastern boundary of the site. The proposed PUD zoning would encompass the entire project site. Based on the proposed uses and densities of the PUD, the requested zoning does give consideration to the particular suitability of the property for the anticipated uses. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is a mix of agricultural, commercial and rural residential development. The proposed zoning allows this development to address needs within the community for a variety of housing types in reasonable proximity to the city core and future commercial and residential development. Availability of public water and sewer to the area indicate that this type of development will continue to occur on the urban fringes of the community. The proposed PUD zoning and PUD master plan of the property gives reasonable consideration to the character t of the district. 11. Will the proposed zone conserve the value of buildings? The development anticipated under the proposed zoning is more intensive than the land uses currently surrounding the project site. City standards will insure that there is high quality development. This in turn will maintain the value of buildings and homes in the area. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Suburban residential development is encouraged in areas were services and facilities are available or can be extended to serve developments such as the proposed PUD request. When the city council adopted the growth policy amendment for this area and designated the 80.7f acre project site as Suburban Residential, the council determined at that time suburban residential development was the most appropriate use of this land. The proposed PUD zoning is consistent with the growth policy plan. EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL: Project Narrative: Valley Ranch is a residential planned unit development (PUD) X proposed on an 80.7 acre property within the city limits zoned R-2. The proposed PUD would allow a variety of residential uses on the 80.7 acre project site not currently permitted within the R-2 zoning district. The PUD request includes: 85 single-family residential lots • 33 townhouse lots • 160 apartment/condominium units • 80 assisted and 24 independent living units. The 85 residential lots would vary in size from 8,100 square feet to 38,200 .square feet. The 33 proposed townhouse lots would range in size from approximately 3,300 square feet to 7,400 square feet. The 160 apartment/ condominium units are proposed on an 8.7 acre property on the west side of the project site. The units would be located in buildings ranging from an 8-plex to 24-plex with access provided from Round -Up Road on the east and Whitehall Road on the south. A club house will also be part of the apartment/condominium project. The clubhouse will be between 2,500 and 3,000 square feet in area and have bathroom and kitchenette facilities in addition to multipurpose rooms for use of residents of the apartment/condominium complex. The building will not be available to the general public. The assisted and independent living facility is proposed in the south half of the project site, east of the apartment units. The facility would encompass approximately 4.9 acres. The assisted living facility would be a two-story complex similar to the Riverside Assisted Living in Whitefish. The independent living units will be located on the same 4.9 acre lot and will include two 12-plex buildings similar in style to the apartment/ condominium units proposed west of this site. Details on the assisted and independent living facilities are preliminary at this point and the developer is requesting that if approved, these facilities will come back for council review prior to issuance of a building permit as an amendment to the PUD. The intent of the PUD request is to secure the zoning and requested deviations included in the PUD to allow a future subdivision on the 80.7 acre site. The subdivision will comply with the plan shown on the Valley Ranch Planned Unit Development. In order to allow the design of the future subdivision shown as part of the application, the proposed PUD seeks five deviations or relaxations from the Kalispell Zoning Ordinance. The five relaxations are as follows: 1. Kalispell Zoning Ordinance, Section 27.05.040 (1) (Minimum lot size in the R-2 zoning district) to allow single family residential lots below the minimum lot size. 2. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning district) for permitting townhouse units within the R-2 zoning district. 3. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning district) and Section 27.05.030 (Conditional uses within the R-2 zoning district) to permit assisted and independent living units and apartment/ condominium units in the R-2 zoning district. 4. Kalispell Zoning Ordinance, Section 27.05.040 (5) (Permitted lot coverage of 35%) 7 to permit the townhouse lots to increase the lot coverage to 45%. s 5. Kalispell Zoning Ordinance, Section 27.24.090 (Permitted signs in Zones R-1, R-2, R-3 and R-4) to permit signs for the apartment/condominiums and assisted/independent living facility. Criteria for the Creation of a Planned Unit Development (PUD) District The following information and evaluation criteria are from Section 27.21.020(2) of the Kalispell Zoning Ordinance. The intent of the PUD provisions are to provide a zoning district classification which allows some flexibility in the zoning regulations and the mixing of uses which is balanced with the goal of preserving and enhancing the integrity of the neighborhood and the environmental values of an area. The zoning ordinance has a provision for the creation of a PUD district upon annexation of the property into the city. Review of Application Based Upon PUD Evaluation Criteria: The zoning regulations provide that the planning board shall review the PUD application and plan based on the following criteria: 1.. The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest; As stated above the owners are requesting five relaxations in the zoning ordinance. Below are the five relaxations requested with planning staff's comments in italics. 1. Kalispell Zoning Ordinance, Section 27.05.040 (1) (Minimum lot size in the R-2 zoning district) This section requires a minimum lot size of 9,600 square feet for new lots created in the R-2 zoning district. This is a mixed residential development which proposes small single family lots as well as a mix of townhomes and apartment/condominium development. The owners are requesting a minimum lot size of 8,146 square feet for a detached, single family residence and lots ranging in size from 3,300 square feet to 7,400 square feet for townhouse units. The proposed reduction in lot sizes would allow the overall density of the subdivision to be strategically shifted. The PUD would create smaller lots, however, the developers have offset the smaller lots by creating larger lots, 1/3 of an acre and larger, along the northern and eastern project boundaries. These larger lots would abut existing lots within the Ponderosa subdivision and provide for a transition from the smaller single family and townhouse lots within the project site to the larger 1/ acre to I acre lots within the Ponderosa subdivision. The project will then transition southerly proposing smaller than minimum R-2 lots, transitioning to townhouses, apartment/condominium site and the assisted living development as t the project approaches the Glacier Town Center Development to the south. In ' addition, the project proposes 21.2f acres of open space and park area totaling approximately 26% of the site to mitigate the more dense development aspects of the project. 2. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning district) Townhouse units with a configuration of 2 or more attached units are allowed as a conditional use requiring a permit be secured prior to creating the townhouse lots. The developer is requesting that the townhouse lots be a permitted use rather than a conditional use. The proposed PUD would allow 33 townhouse lots or roughly 8 percent of the total number of dwelling units proposed as part of the Valley Ranch project. The developers have included in the project proposal 21.2± acres of open space and parkland. Planning staff would consider the amount of open space and parkland a reasonable offset to permit the 33 townhouse lots as part of the project proposal. In addition, the overall PUD provides lots two to three times the minimum size to buffer larger lot development to the north. The zoning ordinance considers townhouse lots as sublots, defined as a portion of a platted lot designated for separate ownership from other portions of the lot and used for townhouse or other construction that has separate ownership of parcels. Section 27.22.130 of the zoning ordinance requires the sublots have minimum lot size of 2, 000 square feet and the parent lot, a lot that comprises the two or more sublots, beat least 6, 000 square feet in size. The proposed townhouse lots exceed the zoning ordinances criteria for size of both the sublot and parent lot. However, to allow some flexibility, the developer may reduce the sizes of the townhouse lots but in no case can they be below 2, 000 square feet and the parent lot must be at least 6, 000 square feet. 3. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning district) and Section 27.05.030 (Conditional uses within the R-2 zoning district) The developer is requesting that an assisted and independent living facility with up to 104 units and a 160 unit apartment or condominium complex be permitted within the R-2 zoning district. Currently both the assisted and independent living facility and apartment complexes are not permitted or conditionally permitted within the R-2 zoning district. Assisted and independent living facilities are currently permitted as a conditional use within the low and medium density residential apartment zoning districts and the H-1 (Health Care) zoning district. The proposed assisted and independent living facility would take up an area approximately 4.9 acres or roughly 6 percent of the entire site. This facility would provide options for residents in the area that may want to live close to family residing in homes to the south or east within the same subdivision. Chapter 3 of the Kalispell Growth Policy, Goal 1 states, "Provide an adequate supply and mix of housing that meets the needs of present and future residents in terms of cost, type, design and location." The incorporation of the assisted and independent living facility into the overall project would help the PUD achieve this goal. 9 The plans submitted for the assisted/independent living facility include the general layout on the 4.9 acre tract of land and some general elevation concepts the future buildings will incorporate. The developer is requesting that once the facility is closer to actually being constructed, the developer will resubmit specific plans as an amendment to the PUD. The plans would provide more specific details regarding architecture, access, parking, landscaping and screening and other impacts as deemed appropriate by the staff. The amended PUD request would then come before the city council for approval. Apartment or condominium units are a conditional use in the RA (apartment) zoning districts. The developer is requesting approval to place 160 apartment/condominium units on an, 8.7 acre tract of land located centrally within the Valley Ranch project. As stated above for the assisted and independent living facilities, the Kalispell Growth Policy encourages a mix of housing types. Higher density housing is desirable as recent approvals for the Glacier Town Center, which includes over one million square feet of commercial retail and office space, is located approximately 1/ mile south. The planning department encourages a variety of housing options in such close proximity to future commercial and retail center. The current site plan shows the general location of the apartment/condominium buildings. Planning staff is recommending as a condition of approval that, prior to issuance of a building permit for each of the units, the plans incorporate bike racks, sidewalks, a landscaping and irrigation plan, and provide a minimum separation between each of the buildings. The minimum separation between buildings is proposed at 20 feet from eave to eave. The current R-2 zoning setbacks would be required along the perimeter of the 8.7 acre tract of land. 4. Kalispell Zoning Ordinance, Section 27.05.040 (5) (Permitted lot coverage of 35%) to permit the townhouse lots to increase the lot coverage to 45%. The R-2 zoning district has a maximum lot coverage of 35%. The developer is requesting the permitted lot coverage be increased on the townhouse lots to 45%. The purpose of the requested lot coverage increase is to provide for greater options for the building foot print and in turn a range of interior/exterior space. Planning staff does not have an issue with the requested increase in lot coverage for the townhouse lots. Past projects within the city have had to request lot coverage increases for their townhouse lots because at 35% on a smaller sublot, this may not afford the builder or lot owner the flexibility in design for a home and garage. An increase to 45% would still maintain the setbacks established in the R-2 zoning district and not negatively impact surrounding residential development. The size of the lot and the housing product the developer is proposing would warrant an increase in lot coverage. The greater lot coverage is ultimately off -set by the 25% open space and recreational component of the project. 5. Kalispell Zoning Ordinance, Section 27.24.090 (Permitted signs in Zones R-1, R-2, R-3 and R-4) to permit signs for the apartment/condominiums and assisted/independent living facility. 10 The developer is requesting two signs for the condo/apartment area; one 24 square foot sign to be placed at the southernmost entry and one 10 square foot sign to be placed at the northernmost entry. Likewise, the developer is also requesting two 10 square foot entry signs at each of the two entries for the assisted living complex. Planning staff acknowledges the need for some signs to identify the apartment units and assisted/independent living facility and supports the request to provide for signs at the major entrances to these building complexes. One 24 square foot sign is appropriate for the scale of the apartment/condo lot. Likewise, two 10 square foot signs at the entrances to the assisted and independent living facility would also be appropriate. Planning staff is -also recommending the planning board and city council consider permitting a maximum of two on -site marketing signs for the development. .The signs would have a maximum size of 64 square feet and only one sign would be permitted along Highway 93. With larger developments, on -site signs identifying the project has been an industry standard. This recommendation seeks to acknowledge practices that already occur in developments and place parameters around such signage. Summary of review criteria #1: Are the deviations in the public interest: The proposed PUD is deemed to be in the public interest because it provides housing options in an area of the city for which the type of density proposed has been anticipated. The design serves to shift density and in doing so this achieves significant open space and an improved overall design. The PUD provides more than the minimum amount of parks and open space with improvements to said park land to be open to the general public. Five proposed townhouse lots in phase 3 are shown on the preliminary PUD plan with their sole means of access by way of an alley. The Kalispell Subdivision Regulations, section 3.08, Access, state that each lot shall have legal and physical access and must abut and have access to a public or private street or road. Alleys and emergency secondary access roads shall not be used to provide the primary means of access to a lot. The five townhouse lots in question, lots 23-25, 27 and 28 would have direct access onto an alley only. After discussions with the developer and the city's site review committee, the Kalispell Planning Department is recommending a road extension in the area of lot 64 south to the projects boundary with assessor's tract 3BA. The five townhouse lots could then be realigned with this new road segment and have direct access off of the road. The new road segment would serve two purposes. First, the roadway will provide access to the five townhouse lots which meets the requirement of the subdivision regulations. The second purpose is to accommodate a future roadway from this area of phase 3 south to Whitehall Road via the four tracts of land outside of the Valley Ranch PUD boundary. The realignment of lots and new roadway will be included in the recommended conditions of approval for the project. 11 Figure l: This figure illustrates the discussion above regarding the recommendation to adjust several townhouse lots and the road alignment in the northwest corner of the project. The solid lines illustrate the realigned road with the dashed lines illustrating possible future road connections with lots to the south. I I k t 2. The nature and extent of the common open space in the planned development project, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; The PUD plan calls out 21.2t acres of open space and parkland throughout the 80.7 acre site. The 21.2f acres are in the form of neighborhood parks, perimeter buffers and accent areas at project gateways. The application states that the open space areas will be governed by a homeowner's association with portions of the large open space/park areas offered to the City of Kalispell for public park space. The Valley .Ranch Planned Unit Development plan shows six areas labeled on the plan as park area. These park areas range in size from approximately 34,800 square feet to eight acres in size. The park areas, as shown on the plan, are spread throughout the proposed project with a buffer area varying from 15 feet in width to 100 feet located along the eastern and northern boundaries of the site to provide some separation from the project site and the adjacent subdivision. One of the larger park areas proposed is adjacent to the park area of the Ponderosa subdivision. The Ponderosa Park is privately owned and maintained by the homeowners association. The developer has proposed a large park area next to the existing park widen the Ponderosa subdivision to allow for a generous sized open space transition between the two residential developments. The proposed 21.2f acres of open space and parkland are adequate to provide for the active and passive recreational uses within the residential PUD. The PUD request would allow 85 residential lots, 33 townhouse lots, 160 apartment/condominium units and 80 r assisted and 24 independent living units for a total of 382 dwelling units. Section 3.19 (A) (2) of the Kalispell Subdivision Regulations requires the subdivider to dedicate to 12 the City a cash or land dedication equal to 0.03 acres per dwelling unit when residential densities in a proposed subdivision exceed 11,880 square feet per dwelling unit. This equates to a.cash or land dedication equal to 11.46 acres. Although both the apartment/condominium and the assisted and independent living units technically would not be included in this calculation because no land is being subdivided -to accommodate those units, the PUD still requires the city to address the open space needs of the development as a whole. Therefore, these units have been included in the open space review. The proposed 21.2t acres exceed the minimum land dedication for parks under the subdivision regulations and can be considered appropriate for the amount of dwelling units proposed. However, of the 21.2t acres proposed as open space and parkland, at a minimum, 11.46 acres should be improved parkland with irrigation, landscaping, play equipment and other amenities and not simply left as passive open space. The Kalispell Parks and Recreation Department and Bruce Lutz of Sitescape Associates, the consultant for Gateway Properties, reviewed the proposed PUD park plan. The parks department agreed that the 8 acre .park, the 3.3 acre linear park along the south boundary of Ponderosa Estates and the 1.5 acre park next to the assisted living facility would be acceptable as city parks. Improvements recommended by the Parks Department for these three parks are as follows: 1) A trail starting at the northwest corner of the PUD and connecting with a high way side trail aligned through the 8 acre park, through the linear park and connecting via the sidewalks along Sun Prairie Court with the 1.5 acre park adjacent to the Assisted Living Complex. The trail should be paved to an 8 foot width on the interior of the site and 10 feet wide adjacent to the highway. 2) Provide easements for a trail adjacent to Highway 93 along the northwestern portion of Valley Ranch. 3) Provide landscaping and irrigation in the public park areas acceptable to the Kalispell Parks and Recreation Department. 4) Provide one tennis court, one 20 foot diameter shelter/pavilion, a hard -surface multi -purpose court and a 5-12 year -old playground in the 8 acre public park. 5) Provide a 12-14 foot diameter shelter and a 2-5 year -old tot lot in the 1.5 acre park. 6) Provide benches in each of the parks along the trail and benches along the trail in the linear park. The dedication and improvement of these three parks exceeds the minimum 11.46 acres required for parkland dedication based on the 382 living units proposed. The department further recommends that the highway buffer and trail along Highway 93 and the 0.8 acre homeowner's park immediately north of the 8.7 acre apartment/condominium lot be improved with phase 1. Improving the highway buffer area will establish the bike path and provide for further trail expansion to the north or south should those properties develop into the city prior to construction of phase 3. The 13 addition of the 0.8 acre homeowner's park will provide recreational opportunities next to the highest density housing on the project site. Although an additional 1.5 acre park will be developed with phase 1, the majority of parkland is included in phases 2 and 3. However, the majority of dwelling units. on the site are proposed within phase 1 and, therefore, there is a greater need to establish more parkland than what is shown on the proposed phasing plan. A homeowners association will be created to maintain the open space and several of the park areas shown on the PUD plan. The department is recommending the city take ownership and maintenance of the three. parks within the Valley Ranch PUD after all improvements are in place. The Department is also recommending a park maintenance district be formed in accordance with section 7-12-4001 Montana Code Annotated in order to provide funding for the on -going maintenance of the park areas. As currently proposed, the future homeowners association would be set up to maintain the open space and other park areas within the future subdivisions on the project site. These areas include the highway buffer, designated park areas not proposed to be owned and maintained by the city and all open space areas shown on the PUD plan. The majority of the open space, buffer and park areas under the homeowners association are located on the boundaries of the project site. It is therefore imperative that these areas be well maintained for the visual aspect of the Valley Ranch project from adjacent properties and the highway, the safety of the pedestrian paths and the on -going functionality of the storm water facilities. Staff is recommending that a condition be added to the PUD which would incorporate the highway buffer, park areas and open space of the Valley Ranch project into the park maintenance district in the event the homeowners association fails to maintain its properties. The Kalispell Growth Policy, Highway 93 North Growth Policy Amendment, Policy 3.i.i recommends a minimum 100-150 foot buffer be provided for major entrances. The PUD proposes a 100-foot buffer as well as a passive park area along the project's Highway 93 frontage. This buffer area exceeds the minimum requirements under Policy 31i and provides for the retention of the west half of a small hill adjacent to Highway 93. The hill is covered in grass with more than a dozen large ponderosa pines. Removal of some of the pines will be required to accommodate the proposed housing on the east side of the hill but the retention of the west half of the hill and trees will provide for a visual buffer and noise break between lots located off of Plentywood Loop. 14 Figure 2: View of the open space/parkland adjacent to Highway 93 looking south towards Kalispell. Highway 93 is just outside the picture frame on the right. Proposed open space 3. The manner in which said plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light or air, recreation and visual enjoyment; A. Public Services The extension of water and sewer to the site will be required to serve the development. The application states that an 8-inch water main will be installed as part of the internal water distribution system. The 8-inch water main will connect to an existing 14-inch transmission pipeline within the Highway 93 right-of-way. Sewage collection will be provided by an 8-inch diameter or larger gravity sewer collection main that will drain to an existing 18-inch sewer main located on the east side of the Highway 93 right-of-way. Two sewage pump stations may be necessary to serve those areas that cannot reach the 18-inch sewer main by gravity flow. One of the lift stations would be located near the intersection of Whitehall Road and Round -Up Road. The other lift station would be located to the north at the intersection of Plentywood Loop and Round -Up Road. Due to the visual presence and fencing accompanying a typical lift station, a recommended condition of approval for the PUD would require a landscaping plan be provided as part of the preliminary plat of the future subdivision and implemented prior to final plat approval. The landscaping would help to screen the lift station from residents, pedestrians and vehicular traffic coming into and out of the subdivision. Presently, sewage from Silverbrook Subdivision travels south within the 18-inch sewer to a sewage pumping station located north of the Stillwater River and West of U.S. Highway 15 93 thence by force main and a gravity main to a lift station at the intersection of Highway 93 and Grandview Drive. The existing downstream sanitary sewer collection system (downstream of the Grandview pumping station) does not have the capacity to accommodate the sewer flows from this or any new development generating sewer flows toward the sewage pumping station located at the intersection of U.S. 93 and Grandview Drive. The Kalispell Public Works Department has stated that additional off -site improvements are necessary to convey sewage from the Valley Ranch project and other development in this area to the waste water treatment plant, located approximately 5 1/2 miles south. The application states, "the City of Kalispell is in the best position to make the necessary improvements happen and must focus some energy on the process sometime soon if the piping is to be in place when needed to meet the time frames of the various projects already approved and those contemplated in the near future." Currently, the city is not in the position to build the needed off -site improvements to accommodate this and other larger scale developments in the area. The developer is in the best position for making the improvements, since the city does not have any financial interest in the proposed development. Therefore, the department is recommending that upon submitting a preliminary plat application for each phase the developer provide the department with a plan of how sewage will be conveyed to the sewer treatment plant. The plan, once reviewed and approved by the department, would be required to be installed prior to final plat approval. The proposed storm water management plan will collect and convey storm water runoff from the streets and alleys to a number of ponds located in open space or parklands throughout the site. Each of the ponds will hold storm water for that immediate area and allow it to slowly percolate into the ground. The department is recommending that the developer submit a concept drainage report for each of the preliminary plat submittals. The concept drainage report will be used by staff to preliminarily assess the drainage requirements for the subsequent subdivisions on the project site. The purpose of the concept drainage report is to demonstrate that the proposed drainage facilities are feasible with respect to design, construction, and maintenance. With a concept drainage report the developer and department can better address storm water management techniques and identify the best areas for the collection and storage of storm water. As part of the preliminary plat application of phase 1 the developer will need to submit an overall storm water plan (for the entire development) along with the concept drainage report. The developer also needs to recognize that off -site improvements may be required to convey storm water to existing or proposed facilities. The City of Kalispell has required past developments to complete a minimum of two- thirds of the necessary public infrastructure (water, sewer, roads, etc.) prior to filing the final plat for subsequent subdivisions. This has been includes in the list of conditions to insure that, prior to issuing a building permit on a new lot, there is access which meets the fire department's minimum standards as well as adequate water and sewer services. In the past, the city has allowed subdivisions to file a final plat and subsequent home construction to begin prior to a majority of the infrastructure installed. Problems have occurred when new homes were occupied and there was insufficient water for fire 16 suppression and/or sewer mains were not working properly. Therefore, in order to provide adequate services to the subdivision at the time the lots are created, staff is recommending a condition requiring a minimum of two-thirds of the infrastructure be installed prior to final plat. Included in the two-thirds infrastructure requirement both the water and sewer systems serving each phase will need to be operational operational. The development has provided for individual automobiles and pedestrian and bicycle traffic in the PUD proposal. To provide for a greater diversity of transportation options planning staff would recommend that the developer work with Eagle Transit to establish bus stop locations throughout the project site. Eagle Transit, a public transportation program that provides transportation in a safe manner for the transportation - disadvantaged and the general public of Flathead County, has recently incorporated a fixed route within the County and has several bus stops within Kalispell. After reviewing the proposed project, Eagle Transit staff is recommending one and possibly two bus station sites within the project. Staff would also recommend that the approved bus stop locations be improved in accordance with Eagle Transit's requirements which may include a bus shelter. This recommendation complies with Goal 3 of Chapter 10 of the Kalispell Growth Policy which states, "Provide Greater Diversity in Transportation Options." B. Control over vehicular traffic The developer hired WGM Group, Inc. of Missoula to conduct a traffic impact study for the proposed project. The traffic impact study determined weekday average daily traffic to be approximately 2,500 vehicles trips. The majority of these trips, approximately 80%, during peak traffic hours are anticipated to travel south of the project site. c As a result of the traffic impact study the Valley Ranch Planned Unit Development layout shows two access points along Highway 93 that would be 3/4 turning movements at this time (allowing left and right -turns in and right -turns out, but prohibiting left turns out for traffic to travel southbound on Highway 93). A full movement intersection onto Highway 93, which would allow traffic to travel south from the project site is not recommended. Due to the access limitations to the site the traffic impact study recommends a connection with the commercially zoned property immediately south of the project site when the site is developed. A connection to the south would provide the project site with a connection with Rose Crossing and a potential future signalized. intersection of Rose Crossing and Highway 93. This will provide a full movement intersection that has a higher level of service to accommodate south bound traffic from the site. Based on the traffic impact study, city staff is recommending that a condition of the PUD require the future subdivision on this site not be given final plat approval until a connection is made to the south where a full movement intersection would be provided. This future roadway connection will need to be constructed to city standards and be adequate to handle the volume of traffic generated by this development and subsequent development in the immediate area. The project design also includes the use of alleys on the smaller detached single-family lots and the townhouse lots. With the use of alleys planning staff is recommending the power, phone, natural gas and cable television lines normally placed just outside the road right-of-way instead be located within the alley right-of-way. This would place 17 potential electrical and phone pedestals in the alley preventing the street sides of the lots from being obscured with utility boxes and pedestals. After reviewing the proposed PUD plan the Kalispell Fire Department is recommending that Whitehall Road, from the west end of the apartment/condominium lot, to Highway 93 be improved to carry emergency vehicles. The emergency access will need to meet fire code standards. The emergency vehicle access will be required as part of the preliminary plat of phase 1 based on the following subdivision regulations: Section 3.08(D) of the Kalispell Subdivision Regulations states that two or more vehicular accesses or separate multi ingress -egress into a subdivision are required when one or more of the following considerations are present: 1. Where the primary access road is over 1,500 feet long. 2. Where a primary access road is 1,000 to 1,500 feet long and it serves initially or in the future at least 20 residential lots or 40 residential dwelling units. 3. Where safe and convenient access and emergency vehicle circulation dictate. Upon reviewing the PUD plan the Kalispell Public Works Department is recommending the following conditions be placed on the PUD. These conditions will be placed on the preliminary plat for phase 1 to insure future road and utility connects to adjacent properties. Round -Up Road must be built to the southern end of the project site boundary with phase 1. This will solidify the future connection with the residential development south of the project site and provide an outlet for the alley serving lots 34-39 in phase 1. • Whitehall Road must be constructed to city standards to the eastern boundary of the project site instead of the reduced roadway shown on the PUD plan. The Kalispell Planning Department is recommending an undefined 60-foot wide public road and utility easement be provided along the east side of Round -Up Road in the park area between lots 56 and 57. The easement would be undefined at this point and on future subdivision plats. The purpose of the easement is to provide a future alternative route out of the Ponderosa subdivision. Currently, if residents of Ponderosa choose to travel south to Kalispell their options are to travel west to the intersection of Highway 93 and Ponderosa Lane or travel north along Sirucek Lane. Sirucek Lane intersects Tronstad Road approximately 1/2 mile north of Ponderosa. Residents then must go either west to Highway 93 or east to Whitefish Stage Road to travel south. Placing an undefined 60-foot wide road and utility easement adjacent to the Ponderosa homeowner's park will provide residents the option of constructing a roadway from Ponderosa Lane, southwest through a portion of their park, and connecting with city streets in Valley Ranch. With increased development and traffic on Highway 93, a safer, less congested alternative to travel to areas south of Ponderosa may be necessary in the future. C. Visual enjoyment The 80 acre project site is relatively flat with some moderate slopes in excess of 10% on the east side of the site and a small hill on the west side adjacent to Highway 93. The WN project proposes to maintain the visual enjoyment of the area by incorporating landscaped buffers along Highway 93 and maintain existing vegetation along Highway 93 and the Ponderosa subdivision. The project accomplishes this by including the following in the PUD plan: • The open space areas on the west side include a 100 foot wide buffer strip, small linear park and maintaining the west half of the small hill. A cross section of the 100 foot buffer adjacent to Highway 93 shows a landscaped earth berm with a height between 8 and 10 feet. Behind this a linear park, approximately 130 feet will also include landscaping in the form of trees and grass. • Along a portion of the project's boundary with the Ponderosa subdivision the developer has proposed a 100 foot wide buffer on the north end of lots 48-56. This area includes several stands of pine trees that would act as a buffer between the two developments. The proposed PUD also includes elevations of future single family, townhouse and apartment/condominium units that would be built on the site. These elevations include gable roofs with split frame windows and a varying color pallet for the homes which help to emphasize the windows, porches, fascia, columns and other architecturally distinct features of the homes. The majority of the homes within the site will have access to an alley or common parking lot. This in turn allows for a streetscape that emphasizes the home and living space and places the driveways, garages and parking areas to the side or rear of the living units. D. Light and air The proposed R-2 zoning as well as the proposed PUD amendments still require housing setbacks and height limitations to provide for adequate light and air within the project proposal. Design guidelines have been included to provide housing standards to maintain the visual quality of the entire project. E. Recreation The park areas and open space area will provide the recreational amenity within the development. These facilities will be owned and maintained by the homeowners association with the larger parks within the project being offered to the city to own and maintain. As a recommended condition of approval a parks maintenance district would be formed prior to final plat approval for the subsequent subdivision on the site. The maintenance district would provide funding for the city parks and, if necessary, the homeowners parks and open space areas as well. 4. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established; The project is proposed in a rural area of Flathead County with existing rural residential development immediately north of the project site. There are also several businesses located along Highway 93 immediately west and north of the site. Development of the 80.7 acre project site has the potential to impact existing residences of the Ponderosa subdivision located north of the project site. The Ponderosa subdivision is a rural neighborhood platted in the late 1970's and early 1980's. Lots within the Ponderosa subdivision vary between 1/2 acre to 1 acre in size. For decades residents in the Ponderosa subdivision have lived in a relatively quiet rural setting but as the city grows northward it is 19 reasonable to expect city densities to accompany this northward expansion. The developer has tried to offset some of the housing density impacts by incorporating larger lots, varying between 13,000± square feet to 32,000t square feet, adjacent to the Ponderosa subdivision and park and open space areas along the boundaries of the project. The park and open space areas vary from a 20-foot wide open space corridor on the north end of the Valley Ranch PUD site to a 100-foot wide linear park area between the proposed lots and the existing lots within the Ponderosa subdivision. These park and open space areas create a greater setback from future houses within Valley Ranch to existing homes within Ponderosa and, within the linear park, maintain several stands of ponderosa pines. There is a National Guard Facility currently located southwest of the project site's southwest boundary (the boundary corner closest to lot 14). The PUD plan shows the land uses closest to the National Guard Facility as single family residences. A letter received from Debra LaFountaine, Master Planner for the Department of Military Affairs, voiced concern over the proposal to place residential uses in close proximity to the facility. The letter notes that on weekends they have over 200 personnel conducting drills at the facility and they need to keep the area well lit. The concern is how this noise and light would impact future residents within the project. She is requesting this future problem be mitigated by possibly increasing the proposed buffer along the south side of the project site. The proposed PUD plan shows a future road extension to the southwest corner of the project site and a 100-foot open space buffer between the single-family lots and the National Guard Facility. At this time it is unclear whether the roadway and open space along the eastern �.-- boundary would mitigate issues identified by Ms. LaFountaine. Staff recommends that prior to submitting a preliminary plat for phase 2, the developer contact the Department of Military Affairs and work with them to come up with a suitable mitigation plan. The National Guard Facility is fairly new and can be expected to continue operating for the next 20 years or more. 5. In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the plan which finding shall be made only after consultation with the city attorney; The application indicates the site will be developed in 3 phases and a phasing timeline was included with the application. The phasing plan has phase 1 developing within 2 years of approval of the PUD. Phases 2 and 3 will develop within the next 4 and 6 years of approval respectively. Phase 1 includes single-family residential lots 28-45, townhouse lots 1-8, the 4.9 acre assisted and independent living facilities lot and the 8.7 acre apartment/condominium lot. Phase 2 includes single-family residential lots to the north and south of phase 1. Phase 3, located in the northwest portion of the project site, includes the remaining single-family lots and townhouse lots. The developer is constrained with the timing of the first phase of the project since he will not be able to obtain final plat approval for phase 1 until Rose Crossing is constructed between Whitefish Stage Road and Highway 93. This construction needs to occur to allow the developer to construct an access road south to Rose Crossing to provide the residents of Valley Ranch a safe full movement intersection onto Highway 93. Although planning staff acknowledges the development constraints on the property the proposed PUD, if approved, should have a sunset date. Planning staff recommends that the PUD be valid for a period of two years with the option for a one year extension. Within this initial potential three year period, the developer will need to obtain preliminary plat approval for the first phase. Subsequent phases will need to obtain preliminary and final approval within two years of filing the final plat for phase 1. However, the PUD will expire if, after preliminary plat approval is given for phase 1, the final plat is not filed within the required timeframes (i.e..a maximum of 7 years from the PUD approval date) The purpose of placing these time frames on the PUD is to insure that there continues to be a viable project on the site and prohibit developers from sitting on land for several years to decades before starting their approved project. The time frame also provides the adjacent public assurance of what is anticipated on the site. Part of the requirements of the PUD is that the developer would enter into an agreement with the City of Kalispell to adequately insure that the overall integrity of the development, the installation of required infrastructure, architectural integrity and proposed amenities, are accomplished as proposed. A recommended condition of approval for the PUD would require this agreement be in place prior- to filing the final plat for the first phase of the project. 6. Conformity with all applicable provisions of this chapter. No other specific deviations from the Kalispell Zoning Ordinance can be identified based upon the information submitted with the application other than those addressed in the beginning of this report. RECOMMENDATIONS Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPUD-08-1 as findings of fact and recommend to the Kalispell City Council that the PUD for Valley Ranch be approved subject to the conditions listed below: General Conditions: 1. The Planned Unit Development for Valley Ranch allows the following deviations from the Kalispell Zoning Ordinance: A. Kalispell Zoning Ordinance, Section 27.05.040 (1) (Minimum lot size in the R-2 zoning district). Allows the minimum lot area to be reduced from 9,600 square feet to 8,100 square feet for detached single-family lots. B. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning district). Allows townhouse as a permitted use within the R-2 zoning district. The townhouse units may also be used temporarily as a model unit for sales 21 purposes. Note: The townhouse lots may be reduced in size but in no case shall the lot size be below 2,000 square feet or 6,000 square feet for the parent lot. C. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning district) and Section 27.05.030 (Conditional uses within the R-2 zoning district) . - Allows assisted and independent living units and apartment/condominium units in the R-2 zoning district. These units may also be used temporarily as a model unit for sales purposes. D. Kalispell Zoning Ordinance, Section 27.05.040 (5) (Permitted lot coverage of 35%). Allows lot coverage for the townhouse lots to increase to 45%. E. Kalispell Zoning Ordinance, Section 27.24.090 (Permitted signs in Zones R- 1, R-2, R-3 and R-4). Allows the following: • One 24 square foot sign and one 10 square foot entry sign for the apartment/condominium development. • Two 10 square foot entry signs for the assisted/independent living facility. • Two marketing signs not to exceed 64 square feet. Note: Only one marketing sign may be placed adjacent to Highway 93. The signs shall be maintained and kept in good condition. The signs shall be removed upon the sale of 80% of the dwelling units or if the PUD expires. 2. A revised PUD master plan shall be provided with the preliminary plat submittal of phase 1 which incorporates the Valley Ranch PUD conditions of approval. Note: The implementation of the conditions may result in the loss of dwelling units. 3. That the development of the site shall be in substantial compliance with the following plans, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council: • A maximum of 278 dwelling units and up to 104 assisted and independent living units. • Valley Ranch PUD master plan dated 5-20-08 • Phasing Plan • Schematic Landscape Plan • Elevations for single family lots 22 • Elevations for the townhouse lots • Preliminary schematic site plan for the assisted and independent living facility • Elevations and preliminary schematic site plan for the condo or apartment units • Landscape Buffer for Highway 93 • Declaration of Covenants, Conditions, and Restrictions • Design Standards Note: The building height and lot coverage standards will be modified to comply with the zoning ordinance's definition and calculation of these standards. The reference for guest homes shall be removed. • Typical road sections Note: For the road section the sidewalks shall be located within one foot of the right-of-way line to provide for a widened boulevard. For the alley section that area between the edge of pavement and property line shall be seeded. 4. A street and associated right-of-way meeting city standards shall be constructed in the area of townhouse lot 22 from Plentywood Loop south to the project's boundary with assessor's tract 3BA. This construction and right-of-way dedication shall occur prior to final plat approval for phase 3. 5. The following parks shown on the PUD plan shall be dedicated to the City of Kalispell upon final plat approval for each of the respective phases: • Phase 1 -The 1.5 acre park next to the assisted living facility • Phase 2 - The 3.3 acre linear park along the south boundary of Ponderosa Estates • Phase 3 - The 8 acre park 6. The developer shall provide the Parks and Recreation Department with a revised park improvement plan for each of the three city parks with the submittal of the preliminary plat. Park improvements shall include the following: A trail starting at the northwest corner of the PUD and connecting with a highway side trail aligned through the 8 acre park, through the linear park and connecting via the sidewalks along Sun Prairie Court with the 1.5 acre park adjacent to the Assisted Living Complex. The trail must be paved to an 8 foot width on the interior of the site and 10 feet wide adjacent to the highway. Provide easements for a trail adjacent to Highway 93 along the northwestern portion of Valley Ranch. 23 Provide landscaping and irrigation in the public park areas acceptable to the Kalispell Parks and Recreation Department. Provide one tennis court, one 20 foot diameter shelter/pavilion, a hard -surface multi -purpose court and a 5-12 year -old playground in the 8 acre public park. • Provide a 12-14 foot diameter shelter and a 2-5 year -old tot lot in the 1.5 acre park. • Provide benches in each of the parks along the trail and benches along the trail in the linear park. The plans shall be reviewed and approved by the Parks and Recreation Department and implemented prior to fmal plat approval. 7. Detailed plans for parks, open space areas, and 100-foot highway setback buffer, other than the three city parks cited in condition 5, shall be submitted with the preliminary plat application of their respective phase. The Parks and Recreation Department shall review and provide a recommendation of the plans for city council approval. 8. A pedestrian/ bike path plan shall be submitted with the preliminary plat application for phase 1 to the Parks and Recreation Department for its review. The plan shall include the pathway width and construction materials for the paths located throughout the Valley Ranch PUD. The city council shall approve the plan with path construction coinciding with the various phases of development. 9. Parks and open space development for phase 1 shall include the 1.5 acre city park adjacent to the assisted living facility, the 0.8 acre homeowner's park north of the 8.7 acre apartment/condominium lot and the 100-foot wide buffer area along Highway 93. 10. Prior to obtaining a building permit for the assisted and independent living facility, the developer shall submit an amendment to the Valley Ranch PUD for a public hearing showing the location, size, elevations, landscaping and parking associated with the assisted and independent living facility. Note: The building shall incorporate four sided architecture and anon -site public transit location. Building plans shall incorporate the use of an automatic fire suppression system. 11. Prior to issuance of a building permit for each of the multi -family buildings, the Kalispell Site Review Committee shall review each individual building plan with all applicable city codes and policies and the following: • Heavy duty loop bike racks capable of holding 5 bicycles located adjacent to each building • A landscaping and irrigation plan • Sidewalk connectivity between the units, parking areas, bike paths if applicable and sidewalks along the adjoining streets • Multifamily buildings on the same lot shall have a minimum building separation of 20 feet (cave to cave). 24 12. The clubhouse for the apartment/ condominium units shall be completed prior to issuance of the certificate of occupancy for the 41st unit. The clubhouse shall be approximately 2,500 to 3,000 square feet in size and have bathrooms and kitchenette facilities in addition to multipurpose rooms. The clubhouse may serve as a sales office for the apartment/ condominium units. 13. Prior to final plat approval for phase 1 the following road improvements shall be installed: • Whitehall Road, from the west end of the apartment/ condominium lot, to Highway 93 shall be improved to carry emergency vehicles. The emergency access will need to meet fire code standards. • Round -Up Road shall be built to the southern end of the project site boundary to city standards. • Whitehall Road shall be constructed to city standards to the eastern boundary of the project site. 14. An undefined 60-foot wide public road and utility easement shall be provided along the east side of Round -Up Road in the park area between lots 56 and 57. The easement shall be noted on future subdivision plats. 15. A landscaping plan for any lift stations on the project site shall be provided with the submittal of a preliminary plat. The landscaping plan shall incorporate a combination of trees and shrubs with a density adequate to screen the lift station from public view. 16. Future subdivisions on the project site shall not be given final plat approval until a street connection is made to the south which provides a full movement intersection in order for traffic to travel south on either Highway 93 or Whitefish Stage Road. 17. Upon submitting a preliminary plat application for each phase the developer shall provide the Public Works Department with a plan of how sewage will be conveyed to the sewer treatment plant. The plan, once reviewed and approved by the Public Works Department, would be required to be installed prior to final plat approval. 18. The developer shall submit a an overall stormwater plan for the entire development with the preliminary plat application of phase 1 and a concept drainage report for each of the preliminary plat submittals. The concept drainage report shall include but is not limited to the following: • Narrative: The narrative shall describe all proposed methods and alternatives for stormwater treatment and disposal, as well as provide sufficient information, supporting technical data, assumptions, design criteria, and drainage calculations. If phasing is anticipated, an explanation of how the drainage system will be phased and constructed shall also be included; • Schematic: The schematic plan of the proposed stormwater system shall show the approximate size and location of all drainage components; 25 ® Geotechnical Information: If infiltration is proposed, then sufficient site characterization work shall be completed to demonstrate that the a proposed facilities will function as intended. Pre -Development Basin Information: This information shall summarize the pre -development drainage patterns for all basins contributing flow to, on, through, and from the site. The narrative shall identify and discuss all existing on -site and/or off -site drainage facilities, natural or constructed, including but not limited to Natural Drainage Ways (described in the 2008 Kalispell Stormwater Facility Plan Update, if applicable), conveyance systems, and any other special features (i.e. wetland, streams, rivers) on or near the project; and, • Down -Gradient Analysis: This analysis shall identify and discuss the probable impacts down -gradient of the project site. 19. A park maintenance district shall be formed in accordance with section 7-12- 4001 MCA incorporating all the lots within the Valley Ranch project. The taxes levied within the maintenance district shall .be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Such a district shall become effective upon recording the final plat for each phase. 20. The developer shall work with Eagle Transit to establish bus stop location(s) within the Valley Ranch PUD. The approved bus stop location(s) shall be included on a revised PUD plan and submitted with the preliminary plat of phase 1. Bus stop location(s) shall be improved in accordance with Eagle Transit's requirements, which may include a bus shelter, in the respective phase the bus stop is located within. 21. Prior to submitting a preliminary plat for phase 2 the developer shall contact the Department of Military Affairs and work with them to come up with a suitable plan to buffer the anticipated residential land uses adjacent to the existing National Guard facility. 22. A minimum of two-thirds of the necessary public infrastructure shall be completed prior to final plat submittal for each phase and that both the water and sewer systems serving the phase are, operational. 23. The power, phone, natural gas and cable television lines shall be located within the alley right-of-way. Where an alley is not adjacent to the lot the power, phone, natural gas and cable television lines shall be located within a separate 10-foot easement outside of the road right-of-way easement. 24. Street lighting shall be located within the development and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. 25. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. The development agreement shall be submitted with the final plat application of phase 1. 26 26. Approval of the planned unit development shall be valid for a. period of two years from the date of approval with the possibility of a one-year extension to be granted by the city council. Within this time, the developers shall obtain approval of a preliminary plat for the first phase of the project. When a preliminary plat is submitted and approved for the site the developer will have up to three years to complete the first phase and two years to complete subsequent phases. The Valley Ranch PUD shall expire if, after preliminary plat approval is given, the final plat is not filed within the above stated timeframes 27 -2N S X C� LU c6 S S_ N