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09. Final Plat - Glacier Commons (Glacier Meadows)
Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityfM',centurytel. net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Final Plat for Glacier Commons (Glacier Meadows Subdivision) MEETING DATE: December 15, 2003 BACKGROUND: This is a request for final plat approval submitted by Schwarz Engineering on behalf of their client R.10 Arizona Holdings, LLC for approval of an 82- lot single-family residential subdivision on approximately 38.4 acres on the northwest corner of Granrud Lane and Whitefish Stage Road in northeast Kalispell. Although initially approved in two phases, the infrastructure for the entire subdivision has nearly been completed and will be final platted in a single phase. The primary remaining item to be completed is the reconstruction of Granrud Lane to City of Kalispell local street standards for which a subdivision improvements agreement (SIA) has been submitted along with the necessary collateral. Cash in lieu of parkland dedication in the amount of $30, 250 has been submitted with the faunal plat approval. Preliminary plat approval for this subdivision was granted by the Kalispell City Council on June 1.7, 2002 subject to 16 conditions. All of the conditions have been met or otherwise adequately address through the SIA submitted with the final plat application. The SIA covers remaining work on manholes, sidewalks, seeding and the upgrade of Granrud Lane and is in the amount of $154,155. This is 125 percent of the cost of the remaining improvements. Most of these estimated costs are associated with the upgrade of Granrud Lane. A certificate of deposit will be filed with the City of Kalispell naming the City of Kalispell as a beneficiary of the funds. The improvements are anticipated to be completed by August of 2004 with the certificate of deposit expiring in 2004. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Glacier Commons would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To; • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Flat for Glacier Commons Subdivision December 10, 2003 Page 2 Respectfully submitted, Narda A. Wilson Senior Planner Report compiled: December 10, 2003 . . . ..... ........ . . . Chris A. Kukulski City Manager Attachments: Letter of transmittal Final plat application and supporting documents SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 14th day of November 2003, by and between the CITY COUNCIL, City of Kalispell, Party of the First Part and hereinafter referred to as the CITY, and RIO Arizona Holdings, LLC a Corporation, located at 7590 East Gray Road, Suite 105, Scottsdale, Arizona 85260, Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Glacier Commons, located at 5W %4, NW 1/4, Section 31, T 29N, R 21 W, Flathead County, Montana and, WHEREAS, the City has conditioned its approval of the final plat of Glacier Commons upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $123,324.00. NOW, THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Certificate of Deposit, in the amount of $154,155.00. Said Certificate of Deposit has an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: Flathead County Subdivision Regulations Page 1 of.S a. That the creditor guarantees funds in the sum of $154,155.00, 125% of the estimated cost of completing the required improvements in Glacier Commons. b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter. 2. That said required improvements shall be fully completed by August 30, 2004, 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f_ All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. Flathead County Subdivision Regulations Page 2 of 5 IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shalt be returried to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. RIO Arizona, Holdings, LLC ii Flathead County Subdivision Regulations Page 3 of 5 STATE OF MONTANA COUNTY OF Flathead On this 1 4th day of November 20 03 , before me, a Notary Public for the State of Montana, personally appeared Norm Shaw , known to me to be the member/manager of-RI-Q.. Arizona Holdings, LLC , whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. Notary Public for the State of Montana Residing at Kalispell My Cornmission Expires November 10, 2007 MAYOR, CITY OF KALISPELL M. Mayor ATTEST: LIN Finance Director Flathead County Subdivision Regulations Page 4 of 5 EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. IMPROVEMENTS Sidewalks Manhole Paving Risers Seeding Granrud Lane Upgrade CHECK CONSTRUCTION APPROPRIATE COMPLETION BOX DATE TOTAL COLLATERAL (TOTAL COST x 125%) 5/30/04 5/30/04 5130104 8/30/04 SUBTOTAL FEES TOTAL COST ESTIMATED CONSTRUCTION COSTS $ 18,130.00 $ 490.00 $ 680.00 $104,024.00 $123,324.00 $123,324.00 $154,155.00 Flathead County Subdivision Regulations 1-1- L-3 page rJ of 5 i A NK ONE. Diana Lopez Service Consultant December 2, 2003 Schwarz Engineering 100 Financial Drive Ste. 120 Kalispell, MT 59901 Bob Stauffer: Commercial Client Services Az1-117a 201 N Central Ave. 215` Floor Phoenix, AZ 85004 Phone: 602-221-1281 Fax: 602-221 -1682 I am enclosing the Certificate of Deposit for the CD set up for Norm Shaw or City of Kalispell. Bank One no longer uses the old card CD Certificates. The new Certificates of Deposit are computer generated. This is a legal form, and contains all the information needed regarding the CD. Please do not hesitate to call me if you have any questions, or should need anything else. Certificate of Deposit Receipt ACCOUNT TITLE RIO ARIZONA HOLDINGS OR CITY OF KALISPELL ADDRESS 7590 E GRAY RD SUITE 105 SCOTTSDALE, AZ 85260 TAXPAYER ID NUMBER 86-0921401 ACCOUNT PURPOSE Business T i'E OF OWNERSHIP Corporation ISSUED BY Bank One, NA ( 601 ) 476 - Industry Specialists Phoenix 137 DIANA M LOPEZ (602)221-1281 12/02/2003 BANKMNE® Member FUC ACCOUNT NUMBER 010-000-0715217 DEPOSIT AMOUNT $154,500.00 TERM 364 Days ISSUE DATE 12/02/2003 MATURITY DATE 11/30/2004 TYPE OF MATURITY Automatically Renewable INTEREST RATE 0.80% ANNUAL PERCENTAGE YIELD 0.80%fl INTEREST COMPOUNDING Daily PAYMENT FREQUENCY At maturity INTEREST PAYMENT METHOD Capitalize TIME DEPOSITS ARE NONNEGOTIABLE AND NONTRANSFERABLE This nonnegotiable receipt is provided solely for the convenience of the customer. The deposit referred to hereon is set forth in the records of the Bank and is subject to the rules and regulations of the Hank applicable to this account. All deposit items accepted are subject to rules and regulations pertaining to deposit transactions. Penalty for Early Withdrawal Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@,centurytel.net www. tricityylanning:mt. December 10, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Glacier Commons (formerly Glacier Meadows Subdivision Dear Chris: This is a request for final plat approval submitted by Schwarz Engineering on behalf of their client Rio Arizona Holdings, LLC for approval of an 82-lot single-family residential subdivision on approximately 38.4 acres on the northwest corner of Granrud Lane and Whitefish Stage Road in northeast Kalispell. Although initially approved in two phases, the infrastructure for the entire subdivision has nearly been completed and will be final platted in a single phase. The primary remaining item to be completed is the reconstruction of Granrud Lane to City of Kalispell local street standards for which a subdivision improvements agreement (SIA) has been submitted along with the necessary collateral. Cash in lieu of parkland dedication in the amount of $30, 250 has been submitted with the final plat approval. Preliminary plat approval for this subdivision was granted by the Kalispell City Council on June 17, 2002 subject to 16 conditions. All of the conditions have been met or otherwise adequately address through the SIA submitted with the final plat application. The SIA covers remaining work on manholes, sidewalks, seeding and the upgrade of Granrud Lane and is in the amount of $154,155. This is 125 percent of the cost of the remaining improvements. Most of these estimated costs are associated with the upgrade of Granrud Lane. A certificate of deposit will be filed with the City of Kalispell naming the City of Kalispell as a beneficiary of the funds. The improvements are anticipated to be completed by August of 2004 with the certificate of deposit expiring in 2004. Below is a list of the conditions of approval and a brief summary of how each of the conditions of preliminary plat approval has been met. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the number and location of lots within the subdivision, common areas and roadways. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat for Glacier Commons December 10, 2003 Page 2 • This condition has been met. The overall configuration of the subdivision and layout of the lots and roads are in substantial compliance with the approved plat. Condition No. 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter froze. the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. • This condition has been met or otherwise adequately addressed. A letter from Schwarz Engineering dated 11/20/03 certifying the necessary improvements have been submitted with the final plat for the interior roads of the subdivision. A letter from the Kalispell Public Works Department dated 12/2/03 approving the existing and completed improvements except those outlined in the SIA has been submitted with the final plat. Condition No. 3. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality and written approval by the Kalispell Public Works Department approving the water and sewage facilities for the subdivision. • This condition has been met. A Certificate of Subdivision Approval EQ403-1785 dated 2/26/03 has been submitted with the final plat application. Additionally, letters from the Kalispell Public Works Dept and the Evergreen Water & Sewer District accepting the completed water and sewer improvements have been submitted with the final plat application. Condition No. 4. A storm water management plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. • This condition has been met. A letter from the Kalispell Public Works dated April 11, 2003 approving the plans and specifications for the projects includes a storm water management plan and has been submitted with the final plat application. Condition No. S. That the developer shall obtain written approval for the proposed approaches onto Whitefish Stage Road and Granrud Lane by the Montana Department of Transportation, Flathead County Road Department and Kalispell Public Works Department and any conditions or improvements associated with the approvals be completed prior to final plat submittal. This condition has been met or otherwise adequately addressed. An approach permit from the Flathead County Road Department AE-1703 dated S/ 19/02 and post inspection approval dated 12/3/03 for the subdivision approach onto Whitefish Stage Road has been submitted with the final plat application,.. The Final Plat for Glacier Commons December 10, 2003 Page 3 Granrud Lane approach will be completed with the reconstruction of Granrud Lane. Condition No. fi. That Granrud Lane shall be upgraded to City standards in accordance with the City of Kalispell's Design and Construction Standards for urban streets within 24 months of the approval of final plat of Phase Two. This condition has been adequately addressed. A subdivision improvements agreement for the upgrade of Granrud Lane to City of Kalispell Local Street Standards has been submitted with the final plat application. Collateral in the amount of 125 percent of the estimated improvements has been submitted with the SIA and expires November of 2004. It is anticipated that these improvements will be completed by August of 2004. Condition No. 7. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and approved by the Kalispell Fire Department prior to final plat submittal. This condition has been met. A letter from the Kalispell Fire Marshal and Kalispell Public Works Department dated 10/30/03 has been submitted with the final plat application. Condition No. S. The developer shall provide a plan for mail service approved by the U.S. Postal Service. This condition has been me. A letter from the LISPS dated 11/7/03 and approving a designated mailbox area near the entrance of the subdivision has been submitted with the final plat application. Condition No. 9. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. This condition has been met. The street lights have been installed in accordance with the approved plans and specifications as verified by the engineers certification and on -site inspection. Condition No. 10. In consultation with the Kalispell Parks and Recreation Director, the parkland dedication requirements shall be met with a combination of land, improvements and, if necessary, cash in lieu of parkland. A portion of the open space / buffer area noted on the plat in conjunction with the relocation of the existing pedestrian path along Whitefish Stage Road within that buffer area shall be equal to 11 percent of the 27.5 acres in lots or 3.03 acres based on a valuation. of $10,000 per acre. The total value of the land, improvements and cash in lieu of parkland dedication should equal $30,250. Final Plat for Glacier Commons December 10, 2003 Page 4 • This condition has been met. The buffer area between Whitefish Stage Road and the subdivision does not qualify as meeting parkland requirements because it does not provide a recreational component or conserve important natural habitat. Cash in lieu of parkland dedication in the amount of $30,250 has been submitted with the final plat application. Condition No. 11. All utilities shall be installed underground. This condition has been met. A letter from the engineer certifying that the utilities have been placed according to the approved plans and specifications has been submitted with the final plat and verified by an on -site inspection. Condition, No. 12. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. This condition has been met. A letter from the Kalispell Fire Department dated 3/ 14/03 has been submitted with the final plat application. Condition No. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. This condition has been met. Nearly all of the required completed related to the subdivision except the upgrade has been addressed as a separate item and covered improvements agreement. infrastructure has been to Granrud Lane which through a subdivision Condition No. 14. That a homeowners association be established for the maintenance of the common area based upon a pro-rata share of costs. This condition has been met. A copy of the restrictive covenants for the subdivision has been submitted with the final plat application and includes a provision for the collective maintenance of the common area. Condition No. lb. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. This condition has been adequately addressed. Some of the seeding of the subdivision will be addressed during the spring and have been covered in the subdivision improvements agreement. Condition No. 16. That preliminary approval shall be valid for a period of three years from the date of approval. Final Plat for Glacier Commons December 10, 2003 Page 5 * This condition has been met. The final plat was filed within the three year preliminary plat approval period. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was submitted and approved. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the RA-1, Low Density Residential Apartment, zoning designation which was assigned to this property upon annexation to the city RECOMMENDATION: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Please note that the subdivision improvements agreement should be accepted along with the final plat approval. Please schedule this matter for the December 15, 2003 city council agenda if possible. You may call me at 751-1852 if 1 can be of assistance to you regarding this matter. Sincerely, - Narda A. Wilson, A1CP Senior Planner Attachments: 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Letter from Schwarz Engineering dated 12 / 1 / 03 Final plat application dated 12/ 1/03 Certification letter from. Schwarz Eng. Dated 11/20/03 Letter from Kalispell Public Works dated 12/2/03 Letter from Kalispell Public Works dated 4 / 11 / 03 Ltr from Evergreen Water & Sewer Dist dated 3/31/03 Ltr from Evergreen Water 8s Sewer Dist dated 12 / 2 / 03 Final Plat for Glacier Commons December 10, 2003 Page 6 Certificate of Subdivision Approval MDEQ EQ#03-1785 dated 2/26/03 Letter from Kalispell Fire Dept dated 3/ 14/03 Letter from KPW and KFM dated 10/30/03 Letter from USPS dated 11 / 7/ 03 Approach permit from FCRD dated 12 / 3 / 03 Title report from Citizens Title dated 10/23/03 Subdivision Improvements ,Agreement 11 / 14/033 Bank One certificate of deposit receipt expiring 11/30/04 Treasurer's certification dated 11 / 17/03 Copy of final plat Check for cash in lieu of parkland $30,250 c: Schwarz Eng., 100 Financial Dr., Suite 120, Kalispell, 59901 Rio Arizona Holdings, 7590 East Gray Rd., Suite 105, Scottsdale, AZ 85260 Theresa White, Kalispell City Clerk REPORTS\KALZSPELL=KFPl03-1 LDOC ARCHITECTURE December 1, 2003 Ms. Narda Wilson Tri-City Planning Office 17 Second Street East Kalispell, MT 59901 Re: Final Plat for Glacier Commons Subdivision Dear Narda: RIO Arizona Holdings, LLC, developers of Glacier Commons Subdivision wish to file for Final Plat Approval at this time. Improvements have been completed as described in the following item -by -item breakdown of the sixteen (16) conditions listed in the Preliminary Plat Approval dated June 17, 2002, A final plat application with filing fee and Subdivision Improvement Agreement addressing the conditions, which are not complete are also enclosed. The site has been developed in substantial conformance with the approved Preliminary Plat. 2. The roadways have been constructed in accordance with the City of Kalispell adopted Standards for Design and Construction. A letter from the Kalispell Public Works Department dated December 1, 2003 approving the project as constructed is enclosed. 3. A Certificate of Subdivision Approval from the Montana DEQ dated February 26, 2003 and a written approval from the Kalispell Public Works Department dated April 11, 2003 for the water, sewer and storm drainage facilities is enclosed. 4. A storm water plan, which complies with the City's Design and Construction Standards was reviewed and approved by the Kalispell Public Works Department. A copy of the approval letter dated April 11, 2003 is enclosed. 5. Copies of the approach permits for Whitefish Stage Road and Granrud Lane are enclosed. All conditions have been met. 6. Granrud Lane will be upgraded to City standards within 24 months of approval of the final plat. Completion of this item was not a condition of final plat approval, however, the developer has provided security for this item. 7. The roads within the subdivision have been named and signed in accordance with the Kalispell Public Works Dept. with approval from the Kalispell Fire Department. A copy of the approval letter dated October 30, 2003 is enclosed. rn Z n Z rri X Z 0 SCHWARZ ARCHITECTURE AND ENGINEERING, INC. 100 Financial Dr., Suite 120 - Kalispell, MT 59901 - Tel: 406.755.1333 - Fax: 406.755.1310 - www.schwarzae.com —/ Narda Wilson, Tri-City Planning Office 121112003 Final Plai for Glacier Commons Subdivision ,Page 2 of 2 8. A central mail delivery site approved by the U.S. Postal Service has been installed within the subdivision. A copy of the approval letter dated November i, 2003 is enclosed. 9. Street lighting has been installed within the subdivision. The street lighting installed does not intrude onto adjoining properties. 10. Cash in lieu of parkland in the amount of $30,250.00 is enclosed. 11. All utilities have been installed underground. 12. A letter from the Kalispell Fire Department dated March 14, 2003 approving the fire access and suppression system for this development is enclosed. 13, The infrastructure for this subdivision is 98% complete. The remaining portion of the sidewalks will be completed as soon as weather allows. This item is included in the Subdivision Improvement Agreement. 14. A homeowners association for the maintenance of the common area has been established. A copy of the covenants is enclosed. 15. Re -seeding of the areas disturbed during construction with a weed -free mix will be completed in the spring. This item is included in the Subdivision Improvement Agreement. The Subdivision Improvement Agreement lists the items which have not been completed, projected construction costs and completion dates. Also enclosed is a Title Report and two (2) signed Mylar copies of the Final Plot of Glacier Commons. Please call me if you have any questions. Sincerely, WARZ ARCHITECT RE & NGE� Inc. Enclosures as Listed Cc: RIO Arizona Holdings, Inc. Project File # 1022-99 C:\Schwarz Engineering, Inc\Project Res\Shaw, Norm\Shaw Deveiopmen9\Rio AZ Holdings, LLC\lnspeCslon\Norda Wilson, December i, 2001doc Tari-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project Name: Glacier Commons Subdivision Contact Person: Owner &, Mailing Address: Name:Schw rz gineering, Tne, RTn Arizona Holdings, LLC AddreA00 Financial Drive, Suite 120 7590 East. Gray Road, Ste 105 KalisPell,_,MT 59901 - Phone No.: 4 0 6. 7 5 5. 13 3 3 Date of Preliminary Plat. Approval: June 17, 2002 Scottsdale AZ 85260 Type of Subdivision: Residential .,`Industrial Commercial PUD Other No, of Lots Proposed _ 2 Parkland (acres) Land in Project (ac.) 38,40 Cash -in -Lieu $ 30, 250 Exempt FILLING FEE ATTACHED $ 2-r 9 60 Minor Subdivision with approved preliminary plat $300 + $30/lot Major Subdivision with approved preliminary plat $500 + $30/lot Subdivisions with Waiver of Preliminary Plat $500 + $30/lot Subdivision Improvements Agreement $ 50 Not Attached Applicable (MUST CHECK ONE1 Health .Department Certification (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid)l) Consent(s) to flat (Originals and .notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) Maintenance Agreement ^X_ Plats: 1 opaque OR 2 Mylars 1 Mylar copy 1 signed blueline 4 bluchnes 4 bluelines, unsigned The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification., etc., original letters shalt be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Office, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the Planning Board. 1 certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy, Owne (s) Signature Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system As approved by the TCPB, Effective 5/ 1 /p3 ARCHITECTURE November 20, 2003 Frank Castles, P.E. City of Kalispell P.O. Box 1997 Kalispell, MT 59901 Re: Glacier Commons Subdivision Dear Frank: We hereby certify that we have inspected the improvements to Glacier Commons Subdivision, and to the best of our knowledge and belief, have found them to be in substantial conformance with the approved plans and specifications. The sidewalks are not yet completed but have been bonded for and will be completed as covered in the Subdivision Improvement Agreement. Enclosed for your use are two sets of "As -Built" drawings. The developer is required to have a letter from the Kafispell Public Works Department stating the improvements have been installed according to the City standards before they can file the final plat for this development. We understand that the sanitary sewer mains must be televised before the approval letter can be issued. The contractor has informed me that all the sewer lines have been cleaned out and are ready for the cameras. Your prompt attention to this matter would be greatly appreciated. Sincerely, SCHWARZ ARCHITECTURE & ENGINEERING, Inc. •Q�1TAi�,'••- o* John P. Schwarz, P.E. Encl.. "As -Built Drawings (2) Cc: RIO Arizona Holdings, LLC ; Project File #1022-99 '.�1©NN- CASchworz Engineering, inc\Projec` Foes\Shaw, No" \Show pevelopment\R[o AZ Nodings, LLC\hspecVonVrank Castles, November 20. 200 ,doc m Z n Z M rn Z C\ SCHWARZ ARCH ITECTURE AND ENGINEERING, INC. � ,.,,, r:._..-_:..1 n., c,,:+„ »n - nAT rQQnt - Tpl- 4nC, 7�q -Fax: 406.755.1310 - www.schwarzae.carn --Z City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 December 2, 2003 John P. Schwarz, P.E. Schwarz Architecture and Engineering, Inc. 100 Financial Drive, Suite 120 Kalispell, Montana 59901 Re: Glacier Commons Subdivision Dear Mr. Schwarz: The City of Kalispell Public Works Department hereby approves the existing, completed improvements except those listed in the Subdivision Improvement Agreement, Exhibit A, for the referenced subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted based on the following: 1. Your letter(s) dated November 20, 2003, certifying that the improvements within the referenced subdivision have been inspected and installed in accordance with the City of Kalispell standards and the approved plans and specifications. 2. Our video records of the sanitary sewer system. 3. Receipt of a Subdivision Improvement Agreement which contains the total estimated construction costs plus 25 percent covering the estimated costs for the remaining sidewalks, manhole paving risers, seeding, and Granrud Lane upgrade to the City of Kalispell Local Street Standard in accordance with the Standards for Design and Construction, Kalispell,_Montana, April, 199 . The Subdivision Improvement Agreement shall be certified by you to being an accurate accounting of anticipated costs for the remaining improvements. The one year warranty period for the City owned and maintained existing, completed improvements will commence on December 2, 2003, The one year warranty period for the remaining construction will commence upon acceptance by the City of the completed constructed improvements in accordance with approved plans and specifications. If you have any questions, please do not hesitate to contact this office. Sincerely, Vi Frank Castles, P.E. Assistant City Engineer Cc: Narda Wilson, Senior Planner Tri-City Planning Office r City of Kalispell Public Works Department Post Office Box 1997, Kalispell. Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 April 11, 2003 Schwarz Architecture & Engineering 100 Financial Drive, Suite # 120 Kalispell, Montana 59901 Attention: Robert W. Stauffer RE: Glacier Meadows Subdivision Kalispell, Montana Subject: Letters Dated March 28, 2003 and April 9, 2003 .Dear Mr. Stauffer, In accordance with the prior submittals amended and updated by the subject letters, the Public Works Department approves the plans and specifications for the referenced project with the following exceptions: 1. Grandrud Lane Improvements small not commence until the road detail you attached to the subject letter dated April 9, 2003, is approved by the City Council. If approval is denied, an alternate design must be submitted and approved prior to construction. 2. Landscaping along Grandrud Lane shall be coordinated with the City Parks and Recreation Department. The native sand bedding material outlined in the subject letter dated March 28, 2003, is approved For use on the referenced project If you have any questions, please do not hesitate to contact this office. S� cerely, Frank Castles Civil Engineer ester & Sewer .Distr c, 130 Nicholson Crive o Kalispeil, MT 59901 Prone: (4C6) 257-5861 Fax: (406) 756-1566 March 31, 2003 Schwarz Architecture & Engineering, Inc. 100 Financial Dr., Suite '120 Kalispell, MT 59901 Attention: Robert Stauffer At their regular meeting on March 12, the Board of Directors of Flathead County Water & Sewer District # I -- Evergreen approved the plans for the water main extensions for Glacier Meadows contingent on the installation of a tee and a valve on the southwest corner of the extension in the main adjacent to the Granrud development. Also they require that in the event the development is done in phases all of the required connections to existing mains be done initially. Since you told me this project would not be phased this shouldn't be a problem. I will prepare an extension agreement to be signed by the owner. Please contact me if you require additional information. Sincerely, 1- _IL Roberta Struck District Manager 1180sivh- 1) Aril V -4 r�1ti e� . ,,ter & Seger 130 Nicholson ©rive • Kalispell, MI" 53GOI Phnne: (406) 257-5851 Fax: [4051 756.1588 December 2, 2003 Schwas? ,Architecture & Engineering, Inc. 100 Financial Dr., Suite 120 Kalispell, MT 59901 Attention: Robert Stauffer Dear Bob: I received your letter dated November 25, 2003 certifying that the water system in Glacier Commons was installed in conformance with the plans and specifications approved by the District. The District accepts your certification and acknowledges that we believe the installation is in coTifarznance with. the approved plans and specifications. The two year warranty period cornmenccd on the date of your letter of certification. Sincerely, Roberta Struc District Manager UtL 0 ZU 3 STATE OF MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY CERTIFICATE OF SUBDIVISION PLAT APPROVAL (Section 76-4-101 through,76-47131,.MCA 1995) TO: County Clerk and Recorder E.Q. #03-1785 Flathead County 03-16J Kalispell, Montana THIS IS TO CERTIFY THAT the plans and supplemental information relating to the subdivision known as Glacier Meadows Subdivision: A tract of land located in the NE1/4 of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana consisting of eighty-two (82) lots which have been reviewed by personnel of the Permitting and Compliance Division, and, THAT the documents and data required by ARM Title 17 Chapter 36 have been submitted and found to be in compliance therewith, and, THAT the approval of the plat is made with the understanding that the following conditions shall be met: THAT the lot size as indicated on the plat to be filed with the county clerk and recorder will not be further altered without approval, and, THAT each lot shall be used for one (1) single family dwelling, and, THAT the public water supply shall be provided through extensions and service connections to the Evergreen Public Water System, and shall be constructed in accordance with the approved plans and specifications dated 2/13/03 and received by the Department on 2125103, prepared by John P Schwarz PE #11258PE, of Schwarz Engineering of Kalispell, and, THAT the public sewer systems shall be provided through extensions and service connections to the City of Kalispell's Public Sewer System, and shall be constructed in accordance with the approved plans and specifications dated 2/13/03 and received by the Department on 2/25/03, prepared by John P Schwarz PE #11258PE, of Schwarz Engineering of Kalispell, and, THAT the extension of the water system will consist of approximately 5,000 lineal feet of 8-inch C- 900 PVC Water Main; approximately 1,600 lineal feet of 12-inch C-900 PVC Water Main; 13 Fire Hydrants, and appurtenances; and, will be constructed in accordance with Department Circular DEQ- 1 and the approved plans and specifications dated 2/13103 and received by the Department on 2/25/03, prepared by John P Schwarz PE #11258PE, of Schwarz Engineering of Kalispell, and, THAT the extension of the sewer system will consist of approximately 5,500 lineal feet of 10-inch SDR 35 PVC Sewer Main; 20 manholes and appurtenances, and shall be constructed in accordance with Department Circular DEQ-2 and the approved plans and specifications dated 2/13/03 and received by the Department on 2/25/03, prepared by John P Schwarz PE #11258PE, of Schwarz Engineering of Kalispell, and, Page 2 of 2 Glacier Meadows Subdivision Flathead County E.Q. #03-1785 THAT construction of the water supply system will be completed within three years of the date of this approval. If more than three years pass before beginning construction, it shall be necessary to resubmit the plans and specifications. This expiration period does not extend any compliance schedule requirements pursuant to enforcement action against a public water/sewage system, and, THAT within 90 days after construction is completed upon a public water system, wastewater system, or storm drainage system, or upon an extension of or addition to such a system, the professional engineer shall certify to the Department that the construction, alteration or extension was completed in accordance with the plans and specifications approved by the Department, and, THAT project certification shall be accompanied by a complete set of "as -built' drawings bearing the signature and seal of the professional engineer, and, THAT water supply and sewage treatment systems will be located as shown on the approved plans, and, THAT the plans and specifications for any proposed sewage treatment systems will be reviewed and approved by the county health department and will comply with local regulations and ARM, Title 17, Chapter 36, Sub -Chapters 3 and 9, and, THAT all sanitary facilities must be located as shown on the attached lot layout, and, THAT the developer and/or owner of record shall provide each urchaser of roe with a co of the plat,,approved location of water supply and sewage treatments stem as shown on the attached lot layout, and a copy of this document and THAT instruments of transfer for this property shall contain reference to these conditions, and, THAT departure from any criteria set forth in the approved plans and specifications and Title 17, Chapter 36, Sub -Chapters 1, 3, and 6 ARM when erecting a structure and appurtenant facilities in said subdivision without Department approval, is grounds for injunction by the department of Environmental Quality. YOU ARE REQUESTED to record this certificate by attaching it to the plat filed in your office as required by law. DATED this 26th day of February, 2003. Jan P. Sensibaugh -% Director �a onnie Lovelace Water Protection ureau Permitting and Compliance Division Department of Environmental Quality Owner's Name:Shaw Development W w Lo Ix Lj- m Q 4 HAnOSA M Fats�no� W 53Sitr3d0ad Hi�105 FYM A%FHfNJ 2 3�hla31 a3AYMT1i5 � 1 II Kalispell Fire/Ambulance Dept. 312 17'Ave East -P.O. Box 1997 Telephone 406-758-7763 Kalispell, MT 59903 -1997 Fax 406-758-7952 March 14, 2003 Schwarz Engineering, Inc 100 Financial Drive Suite 120 Kalispell, MT 59901 Attn: Bob Stauffer Re: Glacier Meadow Dear Mr. Stauffer, In response to your request for information related to the above -referenced project, we have the following: Fire hydrant locations have been approved by this department, in conjunction with the plan review conducted by the City of Kalispell Public Works Department. Fire -flow for this project is required to meet Uniform Fire Code, 1997 Edition. A minimum fire -flow of 1000 gallons per minute, with a residual pressure of 20 psi, is required. It should be noted that this is a standard requirement for all developments with one and two family dwellings, up to 3600 square feet in size_ Structures other than one and two family dwellings (i.e. commercial buildings) and those greater than 3600 square feet will require 1500 gallons per minute as a minimum. The size of the building and type construction will determine the actual fire -flow requirement. It is our understanding that all construction in this area is limited to one and two family dwellings, less than 3600 square feet in size. I hope this information is helpful. Please contact me if you need additional assistance. Sincerely 1VED Jim Stewart Assistant Fire Chief/Fire Marshal Kalispell Fire Department 'Assisting The Community in Reducing, Preventing, and Mitigating Ernergendes' City of Kalispell Post Office Box 1997 - Kalispell. Montana 59903-1997 -Telephone (406)758-7700 Fax(406)758-7758 October 30, 2003 Mr. Bob Stauffer Schwarz Architecture & Engineering 100 Financial Dr. Kalispell, MT 59901 Re: Glacier Commons Subdivision The City of Kalispell Fire and Public Works Departments have reviewed and approved the street names for the Glacier Commons Subdivision. Street name signs shall be furnished and installer) by the developer on standard street sign posts at each intersection. Sincerely, C� e Jim Stewart, Kalispell Fire Marshall Fred Zavo ny, e Public Works R UNITED STATES /J POST4L SERVICE 350 N MERIDIAN RD KAL.ISPELL, MT 59901-9998 November 7, 2003 Mr. Robert Stauffer Schwarz Architecture & Engineering 100 Financial Drive, Suite 120 Kalispell, MT 59901 Dear Mr. Stauffer: This is to inform you that delivery has been authorized for Glacier Commons Subdivision at the Cluster Box Unit on White Bark- See the enclosed plat for the authorized location. If you have any questions, you may contact me at 755-6450. Sincerely, , e'� aljL— Pennie Ulvila Carrier Supervisor PU:maa Enclosure W, RR b so ;uj V Q tJ� LL uj o E STILEWATER FERRACE 2 { vy� COUNTRY W Y SOJTH 1 .. I t7 t —.• me�i � r �I u COUNT RY WAY SOUTH PROPERTIES I wall EPISH STAGE 60 nEEOEO CO. RO. e =�, LAYOUT GLACIER COMMONSC7 Se H VVA RZ SUBDIVISION ARIZI-€iTECTUR-E & �ENICI VEEtztNG l-f1 'I ^�^y-/,i 40D iINAi�Ci LURIYE StniEd {2O,kAiJSVELL MT59i'M Axrncwr: ISSUE t VR.uBMll tHL tRpt12.NE}zE[.]xT. F9 N.,R.FI w,. cIM OF %I315PFLi. TEL 106755.133.i vmw�clrx�auccmx+ iA%dFM.1�'.7'40 fGIFfEA➢ [puntY , STATE M M'NiTVId FiAT= CCIIJ = APPROACH PERUT Fermi i t No. APPROACH PEMIT (2 Approacbe$) (Irser t Nature of Permit) 1. N&ne of Applicant or Business; Shaw Development Phone No. 480.596.5104 2, Filing Address: 7590 East Gray Road, Ste. 105, Scottsdale, AZ 85260 (include City, State and Zip Come) 3. Property Address of approach. None assigned at this time 4. Area Zoning Regulations: Yes * No , If yes, Attach Regulations and Classifi- catinns. FRDO Representative Signature and Date: . 5. LEGAL: Section 8E1 NE-1 31 'Ibaa�ship 29N Range 21W 6. For how long a period is tlae permit desired: Perpetuity ; 7. Femarks: Applying for two approaches = one onto Whitefish Stage Road Two onto Granrud Lane 8. Perrnittee may be required, as outlined in Policy Booklet, to obtain bonding in both names; (Flathead County Road Department "or" applicant), for assurance of construction repairs, also to gay necessary recordirig fees, if required. Application Fee: Check No. Receipt No. Name of Surety Company: Type of Surety: No. Amt. S __ 9. Location must be flagged with address posted for pre -construction inspection. 10. Fie--=d: All right-of-;-ey disturbed by the utilization of this approach must be reseeded according to the specifications of the Flathead County Weed Dept. Contact Weed Department for area information and specifications. 11. API_'ROVID O-A Please see the attached sheets for requirements. 12. Road Department is to be notified upon completion of work for sc.heiduling of inspection. LINSIMJ=L CVS COIF: F,RI�iI 3G USE ClF _ THIS_ Ft}�_ App l i cant will complete this form and transmit it to the Fl at`ze4d County Road Dept. Miis application is for all approaches on or thru. County right-of--wdy. Mhen applicant has signed both sides of application and application is approved, a copy will be made available to appl i cat -it . (see reverse side). ROAD DES'. BOARD OF COMIUSSIONERS Appl i �- utho Representative Chaiimian Date -ZY -o Applicant Titl Date Commissicner Date Dates .., -Prove ost Inspect Date Comriiissianer late ,; to the following terms and conditions, the permit applied for upon the reverse side, hereof, is hereby granted: AN. This permit shall be in full force and in effect from the date hereof until revoked as herein provided. 1EVOCATI01. This permit say be revoked by the County upon giving 10 days notice to Peraittee by ordinary mail, directed to the address shorn in the application hereto attacked, but the County reserves the right to revoke this permit without giving said notice in the event Pereittee breaks any of the conditions or terms set forth herein. CONUCENSIT OF WORE. go work shall be commenced until Peraittee notifies the County authorized representatives, as listed on the front of this application, as to the proposed commencement of work. CIANGBS II 8IGHP. If the County changes highway, necessitating changes in structure or installations under this permit, Peraittee shall make necessary changes Without expense to County. TRINCIING OR PAYBNBNT ALTBRATIOIS, lemoval of pavement must be preceded by saving the existing pavement around the areafsi to be removed. Replacement base and subbase materials must be compacted to a minimum of 95k relative density. Replacement of payesent oust be accomplished within five IS} days of pavement removal. COUNTY SAVED IAHLBSS FROM CLAIMS. In accepting this permit, the Peraittee, its/his successors or assigns, agree to protect the County and save it harmless from. all claims, actions, or damage of any kind and description which say accrue to, or be suffered by, any person, or persons, corporations, or property by reason of the performance of any such work, character of materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said highway right-of-way, and in case of any suit or action brought against the County aid arising out of, or by reason of, any of the above causes, the Peraittee, its/his successors or assigns, will, upon notice to it/him of the cosmencement of such action, defend the same at its/his sole cost and expense and satisfy any Judgment which may be rendered against the County in ally slit or action, PIOTECTIOI OF TRAFFIC. Insofar as the interests of the County and the traveling public are concerned, all work performed under this permit shall be dome under the supervision of the County Road Department and its authorized representatives, and he/they shall indicate the traffic control devices, the lighting thereof at night, placing of flagmen and watchmen, the.acceptable manner in which traffic is to be handled, and shall specify to Persittee bow road surface is to be replaced if it is disturbed during operations, but said supervision shall in no way operate to relieve or discharge Peraittee from any of the obligations assumed by acceptance of this permit and especially those set forth under Section 6 hereof. HIGHWAY ➢11I1I0E. If the work done under this permit interferes in any way with the drainage of the County highway affected; Persittee shall, at its/his own expense, make such provisions as the County say direct to take Care. of said drainage. RQ&113I AND ➢ARMS. Upon completion of work contemplated under this permit,- all rubbish and debris shall be issed ately removed aid roadway and roadside left in a neat and presentable condition satisfactory to the County. 0. NORI TO !E SUPERVISB➢ IY COUNTY. All work contemplated under this permit shall be done under the supervision of and to the satisfaction of the authorized representative of the County, and.the County hereby reserves the right to order the change of location or removal of any structure of installation authorized by this permit at any time, said changes or removal to be made at the sole expense of the Persittee. 1. COUNTY'S RIGIT NOT TO I£ 11TERFU ED WITH, III such changes, reconstructing, and relocation shall be done by Peraittee -in-such a manner as will cause the least interference with any of the County's work, and the County shall in no way be liable for any damage'to the Persittee by reason of any such .vork by the County, its agents, contractors, or representatives, or by the exercise of any rights by the County upon the highways by the installation or structures placed under this permit. I. 190VAL OF IISTILLATIOMS OF STIUCTURES. Unless waived by the County, upon termination of this permit, the Persittee shall remove the installation or structures contemplated by this permit and restore the premises to the condition existing at the time of entering upon the same under this permit, reasonable and ordinary wear and tear and damage by the elements, or by circumstances over which the Peraittee has no control, excepted. 3. MAINTENANCE AT IIP$NSB OF PRRMITTEB. Persittee shall maintain, at its/his sole expense the installations and structures for which this permit is granted, in a condition satisfactory to the County. 4. COUNTY NOT LIABLE FOR DANAGI TO INSTALLATIONS. In accepting this permit the Persittee agrees that any damage or injury done to said installations or structures by a contractor working the County or by any County esployee engaged in construction, alteration, repair, maintenance, or improvement of the County right-of-way shall be at the sole expense of the Peraittee. 5. COUNTY TO It RBIIBURSED FOR REPAIRING ROADWAY, upon being billed therefor, Peraittee agrees to promptly reimburse the County for any expense incurred in repairing surface of roadway due to settlement at installation, or for any other damage to roadway as a result of the work performed under this permit. Dated this �- _� day of Auw,ks j 2 0 0 2_-. The undersigned, the "PBAKITTBE' mentioned in the foregoing instrument, hereby accepts this permit, together with all of hA terms and conditions set forth therein. IPermitteel iPermitteel APPROACH PERMIT REQUIREMENTS THE ATTACHED PERMIT IS GRANTED IF THE FOLLOWING CONDITIONS ARE MET: 1. All brush, trees, fences, etc are to be removed from the county road right-of-way on each side of the approach for a distance of at least the entire length of the property and a setback to the outside edge of the right-of-way. This will facilitate improved roadway maintenance, safety and sight distance. 2. A corrugated metal culvert having a minimum diameter of (12, 15, 1 S) inches be installed beneath the approach such that the culvert bottom (invert) be even with and at the same grade as the ditch bottom. (The culvert will provide adequate drainage should water accumulate in the ditch.) G The approach must have a 20-foot long landing graded 3 percent away from the county road. (See the attached sheet for details.) (This will reduce the amount of gravel loss and the possibility of drainage from the approach on to the county jf \ road.) All approaches onto a county road shall meet the road at a 90-degree angle. All approaches onto a paved road shall be paved a minimum of 3 inches compacted by 24 feet wide and from the paved road the outside edge of the right- of-way. For additional construction specifications and requirements see "Approach Permit Attachment" (Appendix D). All areas within the county right-of-way disturbed during construction must be reseeded within 14 days. A four inch layer of topsoil must be spread over all disturbed areas of the right-of-way prior to reseeding. (.See the attached sheet for details.) (Reseeding will reduce the potential for growth of noxious weeds adjacent to the county road as well as the adjacent property.) econtact the Road Department to schedule a post construction inspection. LANDING STRIP 73.V #Is_ LANDMG s2ZIe FOR EDj%,fm &KA M ROADS 2a.o' ham, FOR GJG*2 APPROACS 2! 2! e I A C x y T | | | � | SE £&22a ' iss &2§ROAca 2£�:ll | ALL tKADING STRI2s ¥ M a2 SLOPEO 043 £T. PER MOT AWAY FA , EIGHWAY FVa DRAIMAGE _ | ~ �Sml A PROACH �£R tANo£@G ST f SEZ APPROAC3 ?M %I? TY ?ICAL S2CIO'S' USED 6:1 SCOPE FOR FILLS OF & FEET OR LESS FOR DRAINAGE USE PIPS AS SPECrF!£D U1 APPPOACa PERMIT s«2.0. PACE 22 AMOAE2 MOO ?_ Ail JOFT MICA 3£ SUCH 2/ ET:IZEI«at£. A?MACHES 20 yZ 2a922auCT£o fQ JZT DEAL CONCITISt: ® « RJ2- = vak'gZ-: ., ----- SEEIDIIYG WX FOR WHITEFISH ARF�,4, FI,A TH AD COUNTY Seeding will be drilled foflawing the slope contours izmedia tel y after final grading using the below rxix-- The seeding .uur and rates to be used areas follows. SPECIES Raganbrume Ffard fescue Ivtermedlate wbeatgrass Als ke chaver Ar3nuat ryegrass Kentucky bluegrass La dal- alfalfa rimothy Napier or chardgrass total pounds #'s PLSfAC7?E 3.5 3.0 2.5 2.5 2.5 20 2v r_s z_ 0 per acre 20.5 7-be rs PLS/AC RE means pounds per acre of pure, L ve seed tbat is certified to be need free. The rates shorn should be doubled if seeds are broadcast, and scarityiug is 'regejred after seeding to caver seeds with topsoil to pretreat loss by wind, water and wildlxFe. f ... U i! A '7f H a h n M rs P M w 4 Y < n a• � a n. n. n. a• rf n i' N •'. u sL h L R u, S• H n n o o f; n. w � o ••- c a rr •n v� i e fl •+ a" n C 7 a a @ G N LA N a w w n v y C A = t h n A `- r/ n u1 7 •- w� 7 U n it •. •� - n E w P .. u R iJ P• h ,r d r to A p H C H ti w 3 O ss P tr t► � �.n.- Z h A P a aF "1 •- S n R• :1 7 `.� r i n ar s 'U •-• n ;l H b n H N n n p fr h v ri to w •- N •i q wa p •r __ 'i fT n •� 3 :r RY w n .n n JM -• U r :I u w 4• fn o - � -n •rJ � J n Y i] w p a J In. pr w o- A, A 1: P x' � o rt A u• n � r w a •„ r+ tr w r- n .- �t im n 7 rt Rp w n n y q r, -r •U ,y V, w n r P d !l •f i . n • 6 P rr P. n p i1 A" ,r P p d s• r- w w •Y p wtdi • an tjR n b w v n. w w H n r• +n rr q w •� •1 r., P .. N r a w•+n kR n ptl n :r n n n rl M . r H w Ir w w rr rl na o n f 1 r. !•-r rY v +d o ran n rns p, r~to C w Y 4 Ol P sA w D w P 1 w ti_ ul i/ nr tv w 'J w to n a n � rwr f1 Uf r ry.. ii 1 O r! t► P P V 3 A '3 R A } r n i• m nn :. a 0 n. cl 7 7 *i 7 p , t, ry "a •C :J t7 w - d :t a O :r i P ui S w nin o p g fJ n n ri g r •, a w rl t f _ in t w /1 N D owh hnn Plat R00,31 Flalhead Connty, Mntitana 800 S. Mail St. _ q 1.alispell, MT 59901�`� (406) 758-5510 05 This Form is for Subdivisions & Conrinminitims Only BY. FOR. R i G' t v IZ CA-) /-� C- ��c.C' � r)ATE lac I DESCP.- j E2 vr 2, ��1 )) PURPOSE YEARS 1999 T ! R U _ 2D C & TO DATE ASSESSOR # I herehy certify that there are no outstanding takes on the property assiunrd dw assessor nffmbers lister] ahnve, for the years indic, !ter~ each assessor number. ` fw° - NOV 1 '7,2003 ------�--------------------- DePffty Treasurer (seal) 4 <<slI:3 1.019KCLY1IVIA to * TABLE OF CONTENTS Section A INTRODUCTION... ........ ............................................ ... -... 3 A.1 Vision of Glacier Commons.. ... - .......................................... 3 A.2 Objective of Design Guidelines ........................................... 3 A.3 Glacier Commons Homeowners Association ...................... 3 AA Design Review Board.......................................................... 4 Section: B SITE DEVELOPMENT GUIDELINES ................................. 6 B.1 The Building Envelope....................................................... 6 B.2 Grading and Siting............................................................... 7 B.3 Landscape and Irrigation..................................................... 7 BAFences ................................................................................. 10 8.5 Drainage.............................................................................. 10 B.6 Swimming Pools/Spas......................................................... 10 B.7 Pets and Trash Containers.... .............................................. 10 B.8 Exterior Lighting...................................................... ......... 10 B.9 Entrance Driveways, ...... ................... - .......... ..................... 12 B.10 Address Identification........................................................... 12 Section C BUILDING DESIGN GUIDELINES ...................................... 13 C.1 Design Character................................................................. 13 C.2 Building Sizes...................................................................... 13 C.3 Building Heights................................................................... 14 CA Exterior Design.................................................................... 14 C.5 Colors.................................................................................. 15 C.6 Materials - Exterior Surfaces ............................................... 15 C.7 Building Projections............................................................. 15 C.8 Antennae/Satellite Dishes .................................................... 15 C.9 Service Yard, ....................................................................... 16 C.10 Guest Houses, Guest Suites & Accessory Buildings........... 16 CAIStorage Tanks...................................................................... 16 C.12 Trailer & Boat Storage......................................................... 16 Section D REVIEW AND APPROVAL PROCESS... .... -- ...... ............. 17 D.1 Design Review Process.. ........... ......... ................................ 17 D.2 Conceptual Development Plan Review ................................ 17 D.3 Final Design......................................................................... 17 DA Design Approval. .................... D.5 Completion........................................................................... 18 Appendix "A" DECLARATION................................................................... 19 2 Section A INTRODUCTION A.1 VISION OF GLACIER COMMONS Framed by the spectacular mountains of the Flathead National Forest, Glacier Commons is located in Kalispell, Montana. The architectural, site development and design review guidelines as set forth shall set a level of quality that reflects the traditional style of Kalispell. By establishing specific covenants, conditions and restrictions, Glacier Commons will be a subdivision of which all its occupants can be proud. A.2 OBJECTIVE OF DESIGN GUIDELINES It is the purpose of the Design Guidelines to enhance the environment of Glacier Commons. Appropriate design can create a residence compatible with its neighbors while providing the owner with a comfortable, livable home to enjoy for many years. Design review is not intended to enforce unreasonable controls nor dictate a specific design solution; rather it is intended to achieve an architectural character appropriate to a quality subdivision. The Design Review Board will objectively consider any worthy variance from the literal translation of these guidelines. However, the Board will maintain a consistent application of the intent of the guidelines on an equitable and unifcrm basis. The purpose of the Design Review Board is to evaluate the design of a proposed structure by itself and also within its environmental and neighborhood settings. Design Guidelines are standards which, when followed, contribute to the highest quality of design. The quality of design is to be measured by the sense of fit within each building site and the community. Buildings are to relate to the land, step with the existing grades, harmonize with the character of the surrounding landscape and perhaps reflect the traditional architectural style of Kalispell. Applied with reasonable artistic license, this theme with attention to detail in design and construction will create atmosphere and protect the integrity and value of each investment. Each Owner is responsible for complying with and meeting the spirit and intent of the criteria of the Design Guidelines, Conditions, Covenants, and Restrict€ons. This includes, in particular, your lots Building Envelope, the site/building design elements and the construction procedures. A.3 GLACIER COMMONS HOMEOWNERS ASSOCIATION The Declarant shall create an organization consisting of all lot owners to be called the GLACIER COMMONS Home Owners Association (GCHOA). The GLACIER COMMONS Homeowners' Association shall be formed at a time to be designated by the Declarant, but no later than when SEVENTY-FIVE PERCENT (75%) of the lots have occupied structures, and shall consist of the owners of each lot of the GLACIER COMMONS. The owner or owners of each lot shall be entitled to a single vote in the Association. The By -Laws or Articles of Incorporation may provide for the joining of the Association by lot owners. The GCHOA shall be responsible for the care and maintenance of the common properties and each homeowner's use of the common properties will be governed by such rules as adopted by the Association. For the purposes of maintaining and caring for these common properties, the Board of Directors may make reasonable annual assessments to the lot owners of lots and such assessment may be collected in a suit subject to the provisions stated below for enforcement of covenants and may become a lien upon the land by a filing by the Board of Directors of a lien which shall describe the lot, state the amount of the assessment that has not been paid, and when it was assessed. A lot owner whose lot is subject to such a lien must pay the assessment, costs for preparation of the lien and the lien release, and all recording costs before the lien is released. This lien may also be foreclosed in the manner of foreclosure for mortgages with the prevailing party entitled to attorney fees. Common properties as used herein shall include designated parkland. Lot owners are encouraged to remain active members of this Association. Each lot owner is a member of the Association by virtue of his acquisition of the lot. A.4 DESIGN REVIEW BOARD The Design Review Board (DRB) shall consist of the Declarant, a technical representative, and a lot owner within GLACIER COMMONS. The Declarant shall serve as the president of the Board, and the lot owner shall serve as an at -large member of the Board. All three members shall have equal voice and voting on any action by the Board. The technical advisor shall only be consulted when requested by the president. The Declarant may serve as a member of the DRB until 75% of the lots have occupied structures. At any time prior, the Declarant may withdraw from the DRB by written request to the Homeowners Association. If this occurs, or after 75% of the lots have occupied structures, the president of the Homeowners Association shall appoint a lot owner within GLACIER COMMONS to serve as the president of the DRB. Successors to the DRB shall serve 2-year terms and shall be replaced by appointment by the president of the Homeowners Association. The technical representative shall be a representative of David Meredith Architecture until 75% of the lots have occupied structures, The representative may withdraw from membership by written request to the president of the DRB at any time. If the representative of David Meredith Architecture withdraws from the DRB, or the president of the DRB chooses to replace the technical representative, the president shall appoint a technical representative. The technical representative shall be an engineer or architect licensed to practice in the state of Montana. The technical representative is not required to own property in GLACIER COMMONS. The technical representative shall be compensated at normal billing rates for all activities performed while serving as a member of the DRB. The lot owners, GCHOA, and DRB shall defend, indemnify and hold the members of the DRB their employees, and agents harmless from and against any and all claims, 12 demands, causes of action, losses, damages, and settlements, which may be asserted against the members of the DRB arising from or attributable to or caused directly or indirectly by the lot owners, GCHOA, and DRB members, lot owners, GCHOA, and DRB officials, employees or agents; or any negligent or intentional act, omission or misrepresentation by the lot owners, GCHOA, and DRB members, tot owners, GCHOA, and DRB officials, employees or agents. If it is necessary for purposes of resisting, adjusting, compromising, settling, or defending any claim, demand, cause of action, loss damage, or liability, or of enforcing this provision, for members of the DRB to incur or to pay any expense or cost, including attorney fees or court costs, the lot owners, GCHOA, and DRB agrees to and shall reimburse members of the DRB members within a reasonable time. Lot owners, GCHOA, and DRB agrees to and shall give members of the DRB notice of any claim, demand, cause of action, loss damage or liability within ten (1 U) calendar days. The Design Review Board has been established to ensure that development in GLACIER COMMONS conforms to the Design Guidelines. The DRB's objective is to encourage good stewardship of the land and sensitive architectural expression that reflects high quality and attention to detail. The DRB is responsible for reviewing and approving all development within GLACIER COMMONS, from concept to completion. This includes, but is not limited to: ■ All new building & site development. ■ Any proposed revisions to previously approved plans, prior to or during construction. ■ Any renovation, expansion or refinishing of the exterior of a new structure. ■ Any proposed revisions to Building Envelopes. The DRB process has been designed to encourage dialogue with owners and their design team early in the evolution of their plans. The process is intended to be constructive, not adversarial or unnecessarily restrictive. As owner, you shall ensure your development team complies with the following general requirements and Design Review Process to assure GLACIER COMMONS of your commitment to respecting the community within which you are building. Design, by a qualified architect or residential designer, with engineering input (geo- technical, structural, mechanical, civil...) and landscape architecture as required. Use of residential designer shall be subject to approval by the DRB. 5 Section B SITE DEVELOPMENT GUIDELINES It is the intent of these guidelines to reinforce the Zoning Ordinance of the City of Kalispell. Each project must incorporate Kalispell's standards into its design. BA THE BUILDING ENVELOPE The Building Envelope is the portion of each lot within which all improvements must be built and confined therein except for driveway locations approved by the Committee. A Building Envelope has been identified for each lot based on the setbacks as noted on the Building Envelope Plan below. F)ZONr 5 i 0T Rux Building Envelope Plan r Lt,j F- B.2 GRADING AND SITING Residences should be designed to fit the existing topography of the property without excessive manipulation of the site by cut or fill. Changes in the natural grade by cutting or filling for structures, walks and driveways must be kept to a minimum to preserve the existing landform. General siting and grading principles are as follows: 1. The finish grade around the residence and any site walls should remain as close as possible to the original natural grade. 2. Grading may be done outside the allowable site coverage area for driveway access and site drainage. 3. Screen walls, walls not supporting a building structure or retaining earth, may not exceed six (6) feet in height measured from finish grade along the exterior side of the enclosure. B.3 LANDSCAPE AND IRRIGATION A landscaping plan for each building envelope shall be submitted to the DRB for approval. Landscaping of the entire lot shall be complete within 180 days of the certificate of occupancy. It is the intent of Glacier Commons Design Guidelines to integrate, compliment and blend in the landscape of each individual building envelope with the landscape of the community. The community landscape maintains a proportional relationship of grass and turf areas to shrub areas of at least 5:1. Each property owner's landscaping shall maintain a proportional relationship of grass and turf areas to shrub areas of at least 5:1. Essentially, this means that, at a minimum, approximately 116 of the landscape is allocated to shrub areas. The success of the grass and turf areas relies on the appropriate selection and mixes of turf for the desired purpose and use. Normally, a mix of rye grass, bluegrass and fescues provides for a well-rounded turf blend. This is a seasonally hardy blend of a pleasing color of green and resistant to the common pests and diseases. In all situations, it is recommended that each property owner consult with a qualified landscape architect or nursery for their specific needs. Each property owner should consider their unique soil conditions, sun exposure and other constraints that will influence the success of their lawn areas. In the event that soil must be imported or exported from the property, the property owner will be responsible for this cost. Import soils scheduled for use as landscape topsoil may be subject to an agricultural soil analysis at the discretion of the DRB. The following building envelope landscape design criteria are provided to enhance the definition of each home site. The primary goal is to protect and maximize individual 7 property values through the implementation of a generous landscape design. These criteria must be followed to successfully receive the approvals required by the DRB. Drainage of individual properties must work with the existing topography and be directed toward the natural open space or drainage Swale systems, developed in conjunction with the roadways. The Front Yard/Streetscape Zone is the area nearest to the neighborhood street and is normally at the front of the property. On corner lots this zone also extends down the side of the property parallel to the street. The landscape requirements for the front yard are: ■ Minimum two (2) Neighborhood Shade Trees (2" minimum, caliper) per lot. ■ Minimum one (1) Ornamental Accent Tree per lot. ■ Turf area to planting bed ratio shall be a maximum of 5:1. The Side/Rear Yard includes the transitional side yard area and "backyard" area adjacent to another lot or the street. The landscape requirements are: • Minimum of two (2) Shade Trees (2" minimum, caliper) per lot. ■ Minimum of one (1) Ornamental Accent Tree per lot. ■ Turf area to planting bed ratio shall be a maximum of 5:1. The following is a list of acceptable trees. Neighborhood Shade / Street Trees Emerald Queen Maple Northwood Red Maple Royal Red Maple Green Mountain Sugar Maple Ohio Buckeye Common Hackberry Autumn Purple white Ash Patmore Green Ash Summit Green Ash Imperial Honeylocust Redmond Linden American Linden Gienleven Littleleaf Linden Greenspire Littleleaf Linden The following is a list of acceptable shrubs. Deciduous Shrubs Apple Serviceberry Saskaton Serviceberry Glossy Black Chokecherry Ruby Carousel Barberry Sparkle Japanese Barberry Globe Caragana Ornamental Accent Trees Concolor Fir Amur Maple Multi -stem & Single -stem Paper Birch Single -stem Toba Hawthorn Russian Olive Dolgo Crabapple Spring Snow Crabapple Colorado Blue Spruce Quaking Aspen Single -stem Norway Spruce Austrian fine Scotch Pine Amur Chokecherry Single -stem European Birdcherry Canada Red Chokecherry Single -stem Princess Diana Serviceberry Regent Serviceberry Japenese Red Leaf Barberry Burgundy Carousel Barberry Siberian Peashrub European Variegated Dogwood Allegheny Serviceberry Sandblow Serviceberry Crimson Pygmy Barberry Rose Glow Japanese Barberry Pygmy Caragana Mottled Dogwood Bailey Red Twigged Dogwood Isanti Dogwood Pagoda Dogwood Meadowlark Forsythia Hydrangea PeeGee Clavey's Dwarf Honeysuckle Dart's Gold Ninebark Gold Drop Bush Cinquefoil Jackman Bush Cinquefoil Primrose Beauty Bush Cinquefoil Western Sand Cherry Nanking Cherry Canada Red Chokecherry Three Leafed Sumac Alpine Currant Austrian Copper Shrub Rose Cuthbert Grant Shrub Rose Hansa Shrub Rose Henry Kelsey Rose Magnifica Shrub Rose White Meidland Shrub Rose Nearly Wild Shrub Rose Sir Thomas Lipton Shrub Rose Woodsii Rose Buffaloberry Anthony Waterer Spirea Froebel Spirea Goldmound Spirea Snowmound Spirea Chinese Lilac Donald Wyman Lilac Dwarf European Cranberry bush Common Snowball Viburnum Red Prince Weigela Coniferous (Ever_ rc een Shrubs Gold Coast Juniper Sea Green Juniper Youngstown Andorra Juniper Prince of Wales Juniper Broadmoor Juniper Pepin Savin Juniper Cologreen Juniper Skyrocket Juniper Dwarf Albert Spruce Dense Spreading Yew Pygmy Globe Arborvitae Techny Globe Arborvitae Colorado Red Osier Dogwood Hedge Peking Cotoneaster Gray Dogwood Northern Sun Forsythia Cheyenne Privet (for hedges) Golden Mockorange Abbotswood Bush Cinquefoil Goldfinger Bush Cinquefoil Katherine Dykes Bush Cinquefoil Tangerine Bush Cinquefoil Purple Leaf Sand Cherry Double Flowering Plum Smooth Sumac Staghom Sumac Dwarf Alpine Currant Bonica Shrub Rose FJ Grootendorst Shrub Rose Harrison Yellow Shrub Rose JP Connell Martin Frobisher Shrub Rose Morden Centennial Shrub Rose Prairie Joy Shrub Rose Theresa Bugnet Shrub Rose Ural False Spirea Japanese White Spirea Dwarf Red Flowering Spirea Gumball Spirea Little Princess Spirea Bridalwreath Spirea Dwarf Korean Lilac Summer Glow Tamarisk Mchican Wayfaring Tree Virburnum Alfredo Compact Americana Cranberry Pfitzer Juniper Repanda Juniper Hughes Juniper Wiltoni Blue Rug Juniper Buffalo Juniper Scandia Juniper Wichita Blue Juniper Oregon Grape Mugo Pine Nigra Yew Little Giant Arborvitae Woodward Globe Arborvitae Yellow Twigged .Dogwood Cranberry Cotoneaster Dwarf Winged Euonyrnus Annabelle Hydrangea Arnold's Red Honeysuckle Minnesota Snowflake Coronation Triumph Bush Clinquefoil Goldstar Bush Cinquefoil McKay's White Bush Cinquefoil Yellow Gem Potentilla Dwarf Russian Almond Common Chokecherry Cutleaf Smooth Sumac Cutleaf Staghom Sumac Adelaide Hoodless Rose Champlain Shrub Rose Golden Wings Shrub Rose Henry Hudson Jens Munk Rose Scarlet Meidland Shrub Rose Morden Fireglow Shrub Rose Persian Yellow Shrub Rose William Baffin Rose Dwarf Blue Arctic Willow Dwarf Garland Spirea Crisp Leaf Spirea Grefsheim Spirea Norman Spirea Indian current Coralberry Miss Kim Lilac Nannyberry Viburnum Compact European Cranberry Bush Bailey Compact American Cranberry Gold Tip Pfitzer Juniper Blue Chip Juniper Icee Blue Juniper Arcadia Juniper Calgary Carpet Juniper Tarnarix Juniper Blue Star Juniper Birds Nest Spruce Shrubby Swiss Mountain Pine Emerald Arborvitae Pyramidal Arborvitae Areas that feature introduced landscaping such as grass, trees, shrubs and/or ground cover should utilize an irrigation system for watering during dry months. In order to conserve water an irrigation system provides a more efficient use of water than hand sprinklers. G Landscape areas that require irrigation should conform to the following: ■ Buried PVC sprinkler system or the utilization of drip irrigation systems; = Sprinklers and nozzles selected to provide water to the landscape that are compatible with their respective soils, slopes, exposure, orientation and plant types; w Utilization of an automatic control system; and No overthrowing of irrigation water onto public roadways, sidewalks, neighboring homes, or trails is permitted. The developer has installed two inch PVC irrigation sleeves to allow irrigation to the boulevards. B.4 FENCES The developer shall install a 6' high white vinyl fence along the rear property line of each interior lot. The lot owner shall notify the DRB as to the installation schedule. The fencing of the side property lines by the lot owner is encouraged. The side yard fence material shall be white vinyl. The side yard fence can be a maximum of six feet in height and extend from the rear property corner to within 5 feet of the face of the residence or garage. A fence a maximum 3 feet in height can continue to the front property corner. Consideration as to the storage/parking of trailers and boats is essential. B.5 DRAINAGE Where construction and development will obstruct natural drainage patterns, surface run-off should be carefully redirected to existing storm drains. 13.6 SWIMMING POOLS/SPAS Owners can construct swimming pools or spas within the property's building envelope. 13.7 PETS AND TRASH CONTAINERS Dog runs and animal pens must be enclosed. To protect birds and wildlife, dogs and cats must be accompanied and on a leash at all times when outside the lot. All outdoor trash containers must be of approved covered containers, and must be stored within the building envelope except for pick-up. 13.8 EXTERIOR LIGHTING Site lighting is defined as lighting mounted on the building, around trees or on site walls for the purpose of providing security, decorative accent or functional lighting to outdoor spaces. Building mounted lighting is defined as lighting built into or attached to 10 buildings on walls, ceilings, eaves, soffits or fascias. Street lighting is provided and should be considered in your exterior lighting plan. The following guidelines for residential site lighting have been established. 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. 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. Recessed lights in exterior soffits, eaves, or ceilings shall have the lamp recessed a minimum of 3" into the ceiling. 4. Only incandescent lamps with a maximum wattage of 75 watts will be allowed for exterior lighting unless specific approval is received from the Committee. Low voltage lighting is recommended since these fixtures are typically small and can be easily concealed within the native vegetation. Colored lights will not be allowed for exterior lighting. 5. No lighting will be permitted in setback 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 are prohibited but may be allowed subject to specific approval of the Committee if the lights so activated do not illuminate adjacent properties. If allowed by the Committee, these lights will only be allowed to operate on a motion detector and stay lit for a maximum of 5 continuous minutes. Security lights of any type or location must still meet the requirements of shielding the light sources, and the light sources may not be visible from neighboring property. If problems with these lights occur, the Committee reserves the right to demand that the fixtures be disconnected. If allowed, care must be taken to avoid setting off the motion detector by the motion of vegetation. Generally, 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. 11 B.9 ENTRANCE DRIVEWAYS Driveways shall be a maximum paved width of eighteen (1 8) feet and shall intersect the street preferably at a right angle, but at a minimum angle of 70 degrees. Only one driveway entrance off of the street will be permitted for each lot, except that when two (2) or more lots are tied together to create a single lot, and the two driveway arrangement disturbs less area than a single entrance, the Committee may, at its sole discretion, approve up to, but not exceeding two (2) driveway entrances. B.10 ADDRESS IDENTIFICATION Individual address identification devices for each approved residence must be installed according to the City of Kalispell standards. No monument signs are allowed. 12 Section C BUILDING DESIGN GUIDELINES The building design guidelines are to assist you in realizing an architectural solution that belongs in GLACIER COMMONS. The general intent is to achieve a successful design integration of building into the landscape. Scale is critical and is to relate to the human size, with less emphasis on monumental that exceeds human scale. This may be accomplished through sensitive massing, form, scale, design modules, fenestration, selection of materials and colors. There will be a focus on strong roof form, wall, base and all elevation images. These design principles will apply to all structures. Good design is also being a good neighbor in the planning and architecture of your development. The building form and mass is to respond and conform to the existing grade and site conditions. CA DESIGN CHARACTER These guidelines do not intend to dictate architectural style of design although all designs must be of a character appropriate to the guideline. The design character should create a residence that blends 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 transition from one residence to another. Transition refers to aesthetic aspects as well as to the relationship of the elevation of the respective floor levels and the comparative overall massing of the structures. In order to create an intimate residential scale and not dominate the natural landscape, long, unbroken walls and roofs should be avoided, and vertical and horizontal offsets need to be included. To further reinforce this concern for scale, architectural forms shall be softened by the inclusion of chimneys, balconies, bay windows, appropriate entrance treatments and other such devices. Contractors and lot owners can build the same plan on other lots provided they are at least three lots apart. The exterior color scheme shall be different on each residence. C.2 BUILDING SIZES Building Size: Each dwelling unit shall contain not less than 2,200 square feet of total living space in the case of a one-story home; exclusive of attached garage, basements, and open porches. A two-story unit shall contain not less than 1,800 square feet of total living space on the ground level, exclusive of attached garage, basements, and open porches. Garages shall be a minimum of two -car capacity, and at least 26 feet wide by 28 feet deep. 13 C.3 BUILDING HEIGHTS The City of Kalispell maximum allowable height for a residence is 35 feet, measured from the natural grade to highest point of the roof as determined by. the Zoning Ordinance. C.4 EXTERIOR DESIGN Scale and proportion can be deceiving. Small structures can at times appear large and dominating against the vegetation and landforms. Therefore, proper massing will reduce the scale of a large structure and create building texture that will help to blend the residence with its environment. Unless otherwise specifically approved by the Committee, each residence shall be composed of at least three (3) visual building masses. Homes larger than 5,000 square feet, excluding garages, shall be composed of at least four (4) visual masses as viewed from any elevation. To be classified as a visual building mass, the mass shall have a minimum depth and width of 20 feet, be a minimum of 500 square fee in area, and be offset by at least 2 feet horizontally and 3 feet vertically. Depth and width dimensions shall be measured perpendicular to each other. 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 facade 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 rejection of the design by the Committee. Roof Shape & Character is important to avoid vertical monotony. Slopes of 6/12 or greater are to be considered for dominant roof elements and gable ends. Gentler roof pitches can be integrated for background and less conspicuous connections. Alternative configurations may also be considered to balcony roofs and dormers of all sizes as these contribute to the human scale. This is encouraged to provide a texture and an apparent reduction of the built mass. All overhangs and projections shall be a minimum of 24". Mansard and flat roofs are prohibited. No trimless metal windows are allowed. The Committee strongly recommends that sloping roofs be designed as sheltering and shading elements, normally with broad overhands and strong shadow lines. Thin edges or thin fascias should be avoided. Sloped roof materials should be textural with very dark or deep color tones. Roof surfaces must be non -reflective and, in the opinion of the Committee, not visually objectionable from neighboring properties and roads. The composition of roof forms should be carefully considered. No continuous ridgelines should exceed 35 feet. Changing the ridge direction, offsets or major roof projections should be used to break ridgelines. To avoid a thin veneer look, 2-inch by 12-inch 14 nominal wood minimum dimension fascia boards are required. Normal 2 inch roof rafters should not be exposed. The placement of the various pipes and vents that penetrate the roof should be considered. Combine them in the attic space and project through roof in a common enclosed stack when possible. Where it is practical, place stacks on the roof away from the side of greatest visibility. All roof vents are to be colored to match the dominant roofing material. C.5 COLORS 1. Non -reflective materials are to be used, including non -reflective glazing. 2. Color selections shall range from white or off-white to weathered driftwood (a very light gray) through to light brown, green or related tones. The use of blue may be allowed in certain shades. 3. Materials for roofs may be sculpted architectural asphalt, flat concrete or fiber -cement tile, slate or other cut stone only. Metal roofs are not permitted. 4. Materials for walls may be stained wood or wood, painted fiber -cement lap siding and stone. Cultured stone is permitted in out of reach areas on upper floors or for example for chimney cladding. Colored stucco may be incorporated for very small area as an accent only. Stucco colors are to be deeply toned rich warm grays, greens and browns; light or soft reflective tones are not acceptable. C.6 MATERIALS - EXTERIOR SURFACES In order to impart a sense of solid, substantial construction and to avoid a tacked -on, thin veneer look, material changes should terminate at a logical inside corner, plan shape change or at a major wall opening. Changes at outside corners should be avoided. Exterior stone material should be continued down to the finish grade, thereby eliminating unfinished foundation walls. C.7 BUILDING PROJECTIONS All projections from a building including, but not limited to, chimney caps, vents, gutters, scuppers, downspouts, utility boxes, porches, railings, and exterior stairways shall match he color of the surface from which they project or be an appropriate accent color, unless otherwise approved by the committee. All building projections must be contained within the Building Envelope. C.8 ANTENNAEISATELLITE DISHES Antennae are restricted to interior attic applications only. Satellite dishes may be used if discretely located on the building, and a maximum 24" diameter. Large ground mounted satellite dishes are prohibited. 15 C.9 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, fences and gates, at least one (1) foot higher than the equipment. Gates, or a "maze" entry that provides complete screening, shall be required around all mechanical and pool equipment enclosures. C.10 GUEST HOUSES, GUEST SUITES AND ACCESSORY BUILDINGS Any accessory building shall be addressed on the site plan as submitted to the DRB for approval. Accessory buildings are only allowed in the building envelope. Guesthouses and/or suites are not allowed. Such structures must be designed as an integrated visual element with the residence, and should be visually related to it by walls, courtyards, or major landscape elements. C.11 STORAGE TANKS No fuel tanks, water tanks or similar storage facilities shall be allowed. C.12 TRAILER AND BOAT STORAGE All trailer and boat storage shall be within the side property setback and the garage. Fencing and/or heavy landscaping are encouraged to soften this impact. Motor homes and trailers larger than 19` shall not be allowed to park on the lot or right-of-way. 16 Section D REVIEW AND APPROVAL PROCESS This process includes: • Conceptual Development Plan Submission/Review; • Concept Endorsement/DRB Approval (letter); ■ Detailed Design Final Submission/Review; ■ Endorsement/DRB Approval (letter) for Building Permit Application; and • Final Inspection - Final Acceptance Certificate (FAC). DA DESIGN REVIEW PROCESS Submit the Conceptual Development Plan to initiate the design review process. This preliminary plan shall include the following: 1. The application form, supplied by the Design Review Board, with all information complete; 2. A survey at no less than 1 "=20' showing lot boundaries and dimensions, easements, setbacks, utility tap locations and elevations at all property corners; 3. A site plan at same scale as the survey showing the building envelope, the proposed residence, driveways, fences, site grading with new and existing elevations and all other proposed site improvements; 4. Roof and floor plans at no less than 1/8" scale; 5. Exterior elevations at no less than 1/8" scale of all elevations; and 6. A non-refundable Design Review Fee of $300.00. Make check payable to the Glacier Commons Homeowners Association technical representative. D.2 CONCEPTUAL DEVELOPMENT PLAN REVIEW A Conceptual Development Plan Review is required to confirm the design incorporates all site requirements relative to the lot location/building envelope plan. It will assist to clarify the intent and application of the Design Guidelines, reviewlapproval process, development procedures and schedules. The Design Review Board will provide a letter of endorsement to proceed including comments from the conceptual meeting for the designers use in preparing the final submittal within fourteen (14) days of submittal. D.3 FINAL DESIGN Submit three (3) sets of Construction Drawings and support documentation, including but not limited to: • Plot Plan (Survey) (1" = 20'0"); ■ Site Plan (118" = 1'-0" ); ■ Roof Plan and Floor Plans (no less than 1/8" = 1'0"); 17 ■ Exterior Elevations 4 Min. (no less than 1/8" = 1'0"); ■ Sections (no less than 1/8" = 1'0") through site and building from side PL to side PL and from rear PL to front road CL (2 Min.); ■ Landscape Plan (no less than 1/8 " = 1'0") including site grading/contours, retaining wall location(s) and material(s); ■ Drainage/Storm Water Management Plan (may be illustrated on the Landscape Plan); ■ Construction Limits Plan defining a temporary construction fence location with consideration for construction access, stockpile areas, portable toilet and garbage bin; ■ Exterior Lighting includes fixture schedule with catalogue clips for site and building exterior lighting fixtures and street identification; ■ Color board (8.5" x 11 ") proposed exterior colors as applied to proposed materials for all exterior finishes; and ■ Construction Schedule. D.4 DESIGN APPROVAL Design approval for Building Permit Application (City of Kalispell) will be provided in writing within thirty (30) days of submittal. Incomplete submittals will be returned and this review period will begin again. D.5 COMPLETION Completion in these guidelines means the completion of interior as approved for occupancy (by the City of Kalispell) and the complete exterior of the development including all hard and soft landscaped areas. There will be a final inspection held at the request of the builder with the Design Review Board after acceptance by the City of Kalispell. Submit a copy of the City of Kalispell's Certificate of Occupancy to the GCHOA . The date on the certificate will initiate your Homeowners Association dues and obligations. 18 DECLARATION THIS DECLARATION made this by the undersigned, APPENDIX "A'" day of , 2003, WHEREAS, the undersigned is the owner of certain real property known as GLACIER COMMONS, according to the recorded plat thereof on file and of record in the Office of the Clerk & Recorder of Flathead County, Montana, and whereas the undersigned is desirous of subjecting the real property to the conditions, covenants and restrictions herein set forth for each and all of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of and pass with said property and each and every parcel thereof, and shall apply to and bind the successors in interest and any owners thereof. NOW THEREFORE, Rio Arizona Holdings, L.L.C., an Arizona limited liability company, being the owner of all the real property known as GLACIER COMMONS, according to the plat thereof on file and of record in the Office of the Clerk & Recorder of Flathead county, Montana, hereby declares that the said real property is, and shall be held, transferred, sold and conveyed, subject to the design guidelines, conditions, covenants, and restrictions, herein set forth are designed to provide a uniform plan for the development of the whole of said subdivision. All persons or corporations who now or shall hereafter acquire any interest in and to the above described property shall be taken and held to agree and covenant with the owner of the lots in said subdivision and with their heirs, successors and assigns, to conform to and observe the following conditions, covenants and restrictions as to the use thereof and as to the construction of dwellings and improvements thereon. WE ACKNOWLEDGE, That we have received and read a copy of Glacier Commons Conditions, Covenants and Restrictions and agree to abide by the guidelines. Lot Owner Declarant 19 GUARANTEE $a AMEBIC Firs t Am erican Title .ins uran ce Company 13I Validating Signatory Farm No. 1282 (Rev. 12J15/95) FILE NO.: CT-78522 CT-78522 H 329736 FEE: $125.00 SUBDIVISION OR PROPOSED SUBDIVISION: Glacier Commons Subdivision SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AMID MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES: Marquardt and Marquardt Surveying FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described as follows: Tract I as shown on Certificate of Survey No. 14771 in the Southeast 1/4 of the Northeast 1/4, Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS: Glacier Commons Subdivision (1) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues and other easements offered for dedication dedication by said Plat are: Rio Arizona Holdings, LLC (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county and city taxes for the year 2003, a lien not yet payable. NOTE: General and special county and city taxes for the year 2002 and all prior years have been paid in full. Continued... FILE NO.: CT-78522 Page 2 H 329736 0) Easements, claims of easements and restrictions agreement of record are: 1. Easement for anchors and guys and the right of ingress and egress for the purpose of construction, reconstruction, maintaining and removing such guys and appurtenances granted to Pacific Power & Light Company, a corporation, recorded May 23, 1973, in Book 554, Page 91, as Doc. No. 5368, records of Flathead County, Montana. 2. Easement for the right to construct, maintain, operate and remove a gas Tine granted to The Montana Power Company, a corporation, recorded December 1, 1986, as Doc. No. 86-335-08510, records of Flathead County, Montana, 3. Easement for maintenance, repair, alteration inspection and replacement of the transmission and distribution lines granted to TCI Cablevision, recorded July 22, 1991, as Doc. No. 91-203-14460, records of Flathead County, Montana. 4. Easement 10 feet in width upon which to construct, operate, maintain, replace and remove a pipeline and necessary appurtenances granted to The Montana Power Company, a Montana corporation, recorded April 28, 1993, as Doc. No. 93-118-13450, records of Flathead County, Montana. 5. Granrud Lane along the Southerly boundary as depicted on Certificate of Survey No. 14771. 6. A "Grant of Conditional Use" by the City of Kalispell TO Whitefish Stage Development, LLC recorded November 8, 2001, as Doc. No. 2001-312-08430 and amended February 12, 2002, as Doe. No. 2002-043-16410, records of Flathead County, Montana. 7. A "Notice of the Right to Claim a Lien" by LHC, Inc., recorded September 16, 2003, as Doc. No. 2003-259-15270 and amended September 29, 2003, as Loc. No. 2003-272-16200, records of Flathead County, Montana. 8. Easement for 10' utility easement on the unrecorded Plat of Glacier Commons Subdivision. 9. Easement for 15' utility easement on the unrecorded Plat of Glacier Commons Subdivision. 10. Landscape Huffer Area A and Area B as depicted on the unrecorded Plat of Glacier Commons Subdivision, records of Flathead County, Montana. (A 1/82nd of value taxed to individual homeowners) • Continued... FILE NO.: CT-78522 Page 3 H 329736 11. Utility site owned by Homeowners Association as depicted on the unrecorded Plat of Glacier Commons Subdivision, records of Flathead County, Montana. (A 1/82nd of value taxed to individual homeowners) 12. The above described property is located within and subject to the jurisdiction of the City of Kalispell Fire District. Liability hereunder limited to amount paid for this report. DATED: Octc3, 2003 at $:QO A.M. e r ° NORMAKESTER `2a NOTARY PUBLI"ONTANA / /y SEAL, Residing at Kafisol, Wntws `f9r M MY Canna. Exgrea May 8; 2904 si• Subscribed and sworn to before me this day of 2003. Notary Pu lic for Stat of Montana Residing at My Commission Expires -__-- THE END FND BRASS W .12 (COUNTRY VILLAGE No. 2) N89*461O3'F 23aa5l 1300 85' FOR Fw 3/v PPE NW CDR SEV4W-114 FND 5/8" REW BY 2WS-ES w 841) 0 0 tlf w to TRACT w FD ww 401 AC w X 0 w ISE114 M-114) Neq ?y <nj JTH TIES ATER :E 2) GRANRUD LANE (DEED 81/3 3 3) rsDEEDED CO. RD.) S89 -4,3'08'W 0 3/4' PIPE uFL STAE PH, 11 0' R04NW RESERVE GAS LINE EASEMENT (COS 7056) NOT FN0 NOT SET -71 133A 6151 F7-7 FND 3 1/2' A FF E3u FAL70 STAGE, H. V 92 41!qc'! Ou 'puel 941 bupou"ivl-)0� kil Em"111..' aL41 Joj