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Valley Ranch Planned Unit Development OverlayREPORT TO: Kalispell Mayor and city Council FROM: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT: Valley Ranch Planned Unit Development MEETING DATE: October 6, 2005 council work session BACKGROUND.- Gateway Properties, Inc. has requested a Planned Unit Development (PUD) overlay zoning district on an 80.7± acre project site currently within city limits zoned R_2 (Single Family Residential). The PUD will be known as Valley Ranch and proposes 85 residential lots, 33 townhouse lots, a future assisted and independent living facility with up to 104 units and an apartment/ condominium lot capable of accommodating 160 units. The PUD plan includes 21.2 acres of open space and parkland on the project site as well as installation of landscaping and bike path along the proj ect's frontage of Highway 93. The properties included in the proposed project can be described as Tract 2, Tract 3 and Tract 2Bc in Section 19, 'Township 29 North, Range 21 west. The 50.7± acre project site is located on the east side of Highway 93 approximately 11/2 miles north of the intersection. of Highway 93 and west Reserve Drive. The project site has approximately 1,100 feet of highway frontage between the Ponderosa Veterinary Hospital and Montana Home Outfitters. From the highway, the project site extends east and south wrapping around the southern boundary of the Ponderosa Estates subdivision. The planning board held a public hearing on the PUD request on August 12th. During the public hearing the board heard from the developer's agent, who provided a brief overview of the project, and two members of the public. Public comments included restricting vehicle access between Valley Ranch and the Ponderosa subdivision and the possibility of revising the apartment component of the project. A suggestion included replacing the apartment units with a smaller single --family cottage style development which includes a shared common area as the front yard. After the public hearing was closed the planning board discussed whether the amount of parkland was appropriate and the need for sewer upgrades south of the site for the project to work. A brief discussion was also held on whether the recommended timelines attached with the PUD were appropriate. The planning board ultimately recommended the council consider approving the PUD with the recommended staff conditions on a vote of 6 to 1. -R—ECt7MMENDATIQN: Review the application and raise any issues that the council feels should be addressed. ALTERN'ATIVE&P As suggested by the City Council. Report compiled: August 26, 2008 Attachments: Valley Ranch application materials Staff report dated August 6, 2008 c: 'Theresa White, Kalispell City Clerk Gateway Properties, Inc. REQUEST FOR A PLANNED UNIT DEVELOPMENT STAFF REPORT # ..08.I KALISPELL PLANNING DEPARTMENT AUGUST 6, 2008 A report to the Kalispell City Planning Board and the Kalispell City Council regarding the request for a Planned Unit Development (PUD) on a property located on the east side of Highway 93 approximately 1'!2 miles north of the intersection of Highway 93 and west Reserve Drive. A public hearing has been scheduled before the planning board for August 12, 2008, be g at C : 00 PM in the Kalispell City Council Chambers. The Planning board will forward a recommendation to the Kalispell City Council for final action. A. Petitioner and Owners: Gateway Properties, Inc. 354 Plantation Drive Kalispell, MT 59901 (406) 249-7317 Technical Assistance: Sitescape Associates P.O. Box 1417 Columbia Falls, MT 59912 (406) 892--3492 B. Nature of the Request: The property owners have requested a Planned Unit Development (PUD) overlay zoning district on the 80.7t acre project site. The PUD will be known as Valley Ranch which proposes 85 residential lots, 33 townhouse lots, a future assisted and independent living facility with up to 104 units and an apartment/ condominium lot capable of accommodating 160 units. The PUD plan calls for 21.2 acres of open space and parkland on the project site. The proposed plan departs from the requested zoning of R-2 with regards to uses permitted within the zoning district and minimum lot area. A detailed discussion of the proposed deviations from. the R--2 zoning district can be found on page 7. C. Location and Legal Description of Property: The properties included in the proposed project can be described as Tract 2, Tract 3 and 'Tract 2BC in Section 19, Township 29 North, Range 21 west. The 50.7± acre project site is located on the east side of Highway 93 approximately l 'r2 miles north of the intersection of Highway 93 and west Reserve Drive. The project site has approximately 1,100 feet of highway frontage between the Ponderosa Veterinary Hospital and Montana Home Outfitters. From the highway, the project site extends east and south wrapping around the southern boundary of the Ponderosa subdivision. D. Existing Land Use and Toning: The property is within the city limits and is zoned R--2 (Single Family Residential). The R-2 zoning district is intended primarily for detached single-family dwellings. It has a minimum lot size requirement of 9,600 square feet and a minimum lot width of 70 feet. Setbacks are 20 feet in the front and 10 feet on the sides and rear. The 80. 7± acre project site is currently undeveloped. The land is level for the most part with a small hil along the western boundary of the site adjacent to Highway 93. Portions of the eastern boundary of the project site are at the base of another small hill, the majority of which makes up the area developed with the Ponderosa Subdivision, a single-family residential subdivision located in the county. E. Adjacent Land Uses and Zoning: North: Single-family homes and commercial business, County E-1 and County R--1 zoning East: single --fancily hordes; County R-1 and SAG-10 zoning South: Agricultural lands; City R--3f PUD West: Commercial businesses and National Guard Armory; County SAG- 10 goring F. General Land Use Character: This site is in a mixed use area generally characterized as agricultural lands mixed with single family residences to the east and north of the site. Immediately south of the site is a large agricultural tract of land within the city limits. Although the land is currently in agricultural production a lifestyle center and associated commercial development totaling 1.8 million square feet as well as 632 residences has been approved for this property. To the west, along Highway 93, are existing commercial businesses and a church. Across Highway 93, on its west side, is a private golf course. The property has been in agricultural production for the last several decades. The site is for the most part level with slopes along the western and eastern boundaries. Pine trees with an understory of grasses are located in the sloped portions of the site. G. Utilities and Public services: Sewer: City of Kalispell Water: City of Kalispell Refuse: Private contractor Electricity: Flathead Electric Cooperative Gas: Northwestern Energy 'telephone: CenturyTel Schools: School District #5 Fire: Kalispell Fire Department Police: City of Kalispell EVALUATION BASED ON STATUTORY CRITERIA FOR INITIAL ZONING AND PROPOSED PUD OVERLAY The statutory basis for reviewing a change in zoning is set forth by 76--2--303, M. C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.30.020, Kalispell Zoning Ordinance. 1. Does the requested zone con? 1 with the owth olic ? 2 On August 7, 2006 the Kalispell City Council adopted Resolution. 5129B which amended the Kalispell Growth Policy Future Land Use map north to the intersection of Highway 93 and Church Drive. On the amended land use map the 80.7± acre project site is designated suburban residential with typical densities of up to 4 dwelling units per gross acre. The current R-2 zoning district provides p=* aarly for detached single --family dwellings . It has a n ' rn urn lot size requirement of 9,600 square feet and a minirnE.um lot width of 70 feet. Setbacks are 20 feet in the front and 10 feet on the sides and rear. The requested PUD would deviate from the minimum lot size and uses within the R-2 including an assisted and independent living facility and apartment/ condominium development. Both of these types of housing are not permitted in the R--2 zoning district. The Kalispell Growth Policy 2020, Chapter 3, Policy 9 states in part that suburban housing densities should not exceed two to four dwellings per gross acre. The proposed PUD includes a combination of single family residential homes, apartment / condominium lot and townhouse lots for a total number of 278 dwelling units on 75.8 acre portion of the project site. The 80 assisted and 24 independent living units are proposed on the remaining 4.9 acre lot. The purpose of restricting the density to a maximum of 4 dweg units per acre is to reduce the impacts that density brings to an area. This includes an obvious increase in population which in turn creates increases in automobile traffic, paved surfaces, noise, outdoor lighting and need for parkland and open space areas. The proposed 278 dwelling units are comprised of the single family residential bonzes, apartment/ condominium units and townhomes. These units will bring the above mentioned impacts to the immediate area. Based on the 278 dwelling units over 75.8 acres, the gross residential density is 3.6 dwelling units per acre. The assisted and independent living units should be considered a stand alone use outside of the typical impacts associated with other residential uses on the project site. The proposed units will provide homes for people who do not have children and many of whom are single. Traffic impacts are generally much lower as many residents do not drive. other impacts which can be associated with typical homes as described above are limited or non-existent. Therefore, the planning department's position is the overall density of the project should be considered at 3.6 dwelling units per acre, in line with the suburban residential land use designation. Subsection b of Policy 9 further states that the suburban residential designation is intended to reduce density and development impacts in sensitive areas and existing rural neighborhoods. The proposed PUD complies with this policy by providing for larger lots, varying between 15,000± square feet to 30,000± square feet adjacent to the Ponderosa subdivision, a rural neighborhood platted in the late 1970's and early 1980's. Lots vary between one-half acre to one acre in size. The larger lots would provide a transition between the Ponderosa subdivision and the smaller lots, apartments, and assisted/ independent living units proposed in the interior of the PUD layout. 3 Chapter 3, Policy 2 of the Kalispell Growth Policy 2020 states, "Encourage the development of urban residential neighborhoods as the primary residential land use pattern in the growth policy area by allowing urban residential densities in areas designated as suburban residential provided the development is consistent with the character of the area and public services are adequate." Recent changes in land use include the 485 acres south of the project site in which the city council acted on an annexation, zoning and PUD overlay for the Glacier Town Center earlier this year. The Glacier Town Center project includes residential and commercial development comprised of 632 dwelling units and approximately 1.8 million square feet of commercial and office space. once developed, the rural/ suburban area will be residential and commercial making the Valley Ranch development blend with the character of the area. Water and sewer main lines have also been extended north from Highway 93 and West Reserve Drive along the Highway 93 right-of-way to serve the Silverbrook subdivision.. The first phase of this subdivision has received final plat approval from the city council this year and the water and sewer lines can be accessed by the developers of Valley Ranch. With the availability of public services and the changing character of the area, a mix of housing types is appropriate for this area. The Valley Ranch project has incorporated larger lots and open space areas between it and the existing Ponderosa subdivision. The denser housing (assisted and independent living and apartment units) are located more centrally within the project. Based on the above discussion, the proposed PUD zoning district can be found to comply with the suburban residential land use designation and implement the policies regarding housing as found in Chapter 3 of the Kalispell Growth Policy. 2. Is the reguested zone designed to lessen congestion in the streets? As part of the overall project proposal, the developer conducted a traffic impact study to provide possible measures to mitigate the increase in traffic the development proposal will have on Highway 93. It can be anticipated that with development of the property there will be increased traffic impacts in the area due to the relatively lour density of the area currently and the relatively higher density requested under the PUD zoning. Additionally, through the PUD and subsequent subdivision review process conditions will be recommended to insure that existing streets are upgraded and new traffic routes are provided to lessen congestion in the streets. A full discussion of the traffic impact study and recommended mitigation measures can be found under the review for the PUD in this staff report. 3. Will the requested zone secure safety from fire, panic, and other dangers? At the time this property is developed, the property owners will be required to insure that there is adequate infrastructure in the case of an emergency. There are no features related to the property which would compromise the safety of the public. New construction will be required to be in compliance with the building safety codes of the city. All municipal services including police and fire 51 protection., water and severer service is available to the property. The site is within the immediate m ediate service area of the new north Kalispell fire station. 4. will the requested zone promote the health and general welfare? The requested zoning classifications will promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties and provides a place for new housing in the community. 5. Will the re uested zonej2rovide for adequate light and air? Setback, Height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. will the reguested zone prevent the overcrowding of land.? As previously noted, this area has been anticipated for suburban residential development. The anticipated densities of the proposed zoning district can be found to be consistent with the land use designation for the site. All public services and facilities will be available to serge this property. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area. This is unlikely. 7. will the requested zone avoid undue concentration of eo le? An increase in the number and concentration of people in the area will result with the approval of the requested PUD. However, the intensity of the uses of the property would be in direct relationship to the availability of public services, utilities and facilities as well as compliance with established design standards. The design standards and availability of utilities would provide the infrastructure needed to insure that there will not be an overcrowding of the land or undue concentration of people. Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is further developed. 8. will the requested zone facilitate the ade uate rovision of trans ortation water sewerage schools arks anal other ublic requirements? Municipal water and sewer have been extended along Highway 93 past the site to the Silverbrook Estates subdivision, located at the intersection of Church Drive and Highway 93. The water and sewer lines have been sized to accommodate this development. The developer would need to extend the needed city services that are not currently extended to the property at the developers' expense and in accordance with the city's policies and standards. This most likely includes a road connection south to the future Rose Crossing extension between whitefish Stage Road and Highway 93. New improvements to the property such as roads, water, sewer, parks and drainage would be installed In accordance with city policies and standards at the developers' expense prior to subdivision approval thereby insuring that there is adequate 5 provision of services at the site prior to development. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. There will be impacts to services that can be anticipated as a result of this proposal which can be met by the city. All public services and facilities are currently available or can be provided to the property. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The 80.7 acre site is fairly level throughout with a small hill on the western boundary of the site and some moderate slopes along the eastern boundary of the site. The proposed PUD zoning would encompass the entire project site. Based on the proposed uses and densities of the PUD, the requested zoning does give consideration to the particular suitability of the property for the anticipated uses. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is a mix of agricultural, commercial and rural residential development. The proposed zoning allows this development to address needs within the cones aunty for a variety of dousing types in reasonable proNimity to the city core and future commercial and residential development. Availability of public water and sewer to the area indicate that this type of development will continue to occur on the urban fringes of the community. The proposed PUD zoning and PUD master plan of the property gives reasonable consideration to the character of the district. 11. Will the proposed zone conserve the value of buildings? The development anticipated under the proposed zoning is more intensive than the land uses currently surrounding the project site. City standards will insure that there is high quality development. This in turn will maintain the value of buildings and homes in the area. 12. WiR the requested zone encourage the most appropriate use of the land throughout the m.umci ali-- ? Suburban residential development is encouraged in areas were services and facilities are available or can be extended to serve developments such as the proposed PUD request. when the city council adopted the growth policy amendment t for this area and designated the 80. 7± acre project site as Suburban Residential, the council determined at that time suburban residential development was the most appropriate use of this land. The proposed PUD zoning is consistent with the growth policy plan. ]EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL: Project Narrative: Valley Ranch is a residential planned unit development (PUD) 9 proposed on an 80.7 acre property within the city limits zoned R-2. The proposed PUD would allow a variety of residential uses on the 80.7 acre project site not currently permitted within the R--2 zoning district. The PUD request includes: 85 single-family residential lots • 33 townhouse lots * 160 apartment/ condominium units 80 assisted and 24 independent living units. The 85 residential lots would vary in size from 8 ,10 0 square feet to 38,200 square feet. The 33 proposed townhouse lots would range in size from. approximately 3,300 square feet to 7,400 square feet. The 160 apartment/ condom n* u*um units are proposed on an 8.7 acre property on the west side of the project site. The units would be located in buildings ranging from. an 8 -plex to 24-plex with access provided from Round -Up Road on the east and Whitehall Road on the south. A club house will also be part of the apartment f condominium project. The clubhouse will be between 2,500 and 3,000 square feet in area and have bathroom and kitchenette facilities in addition to multipurpose rooms for use of residents of the apartment/ condominium complex. The building will not be available to the general public. The assisted and independent living facility is proposed in the south half of the project site, east of the apartment units. The facility would encompass approximately 4.9 acres. The assisted living facility would be a two-story complex similar to the Riverside Assisted Diving in whitefish. The independent living units will be located on, the same 4.9 acre lot and will include two 12-plea buildings similar in style to the apartment/ condominium units proposed west of this site. Details on the assisted and independent living facilities are prelir nary at this point and the developer is requesting that if approved, these facilities will come back for council review prior to issuance of a building permit as an amendment to the PUD. The intent of the PUD request is to secure the zoning and requested deviations included in the PUD to alloy a future subdivision on the 80.7 acre site. The subdivision will comply with the plan shown on the valley Ranch Planned Unit Development. In order to allow the design of the future subdivision shown as part of the application, the proposed PUD seeps five deviations or relaxations fromi. the Kalispell Zoning Ordinance. The five relaxations are as follows: 1. Kalispell Zoning Ordinance, Section 27.05.040 (1) (Minimum lot size in the R-2 zoning district) to allow single family residential lots below the mi'rn* mum. lot size. 2. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning distract) for permitting townhouse units within the R-2 zoning district. 3. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning district) and Section 27.05.030 (Conditional uses within the R-2 zoning district) to permit assisted and independent living units and apartment/ condominium units in the R-2 zoning district. 4. Kalispell Zoning Ordinance, Section 27.05.040 (5) (Permitted lot coverage of 35%) 7 to permit the townhouse lots to increase the lot coverage to 45%. 5. Kalispell Zoning ordinance, Section 27.24.090 (Permitted signs in Zones R-1, R-2, R-3 and R-4) to permit signs for the apartment/ condominiums and assisted/ independent living facility. Criteria for the Creation of a Planned Unit Develo nnent PUD District The following information and evaluation criteria are from Section 2 7.21.020 (2) of the Kalispell .Zoning ordinance. The intent of the PUD provisions are to provide a zoning district classification which allows some flexibility in the zoning regulations and the mixing of uses which is balanced with the goal of preserving and enhancing the integrity of the neighborhood and the environmental values of an area. The zoning ordinance has a provision for the creation of a PUD district upon annexation of the property into the city. Review of Application Based !IRon PUD Evaluation Criteria: The zoning regulations provide that the planning board shall review the PUD application and plan based on the following criteria: 1. The extent to which the plan departs from, zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest; As stated above the owners are requesting five relaxations in the zoning ordinance. Below are the five relaxations requested with planning g staffs comments in italics. 1. Kalispell Zoning ordinance, Section 27.05.040 (1) (Minimum lot size in the R--2 zoning district) This section requires a ' um lot size of 9,600 square feet for new lots created in the RW-2 zoning district. This is a mixed residential development which proposes small single family lots as well as a mix of townhomes and apartment/ condominium. development. The owners are requesting a minimum lot size of 8,146 square feet for a detached, single family residence and lots ranging in size from 3,300 square feet to 7,400 square feet for townhouse units. The proposed reduction in lot sizes would allow the overall density of the subdivision to be strategically shifted. The PUD would create smaller lots, however, the developers have offset the smaller lots by creating larger lots, 113 of an acre and larger, along the northern and eastern project boundaries. These larger lots would abut existing lots within. the Ponderosa subdivision and provide for a transition from the smaller single family and townhouse lots within the project site to the larger 1/ acre to 1 acre lots within the .Ponderosa subdivision. The project will then transition southerly proposing smaller than minimum .R-2 tots, transitioning to townhouses, apartment condominium site and the assisted living development as the project approaches the Glacier Town Center Development to the south. In addition, the project proposes 2I.2± acres of open space and park area totaling 0 approximately 26% of the site to mitigate the more dense development aspects of the project. 2. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R--2 zoning district) Townhouse units with a configuration of 2 or more attached units are allowed as a conditional use requiring a permit be secured prior to creating the townhouse lots. The developer is requesting that the townhouse lots be a permitted use rather than a conditional use. The proposed PUD would allow 33 townhouse lots or roughly 8 percent of the total number of dwelling units proposed as part of the Valley Ranch project. The developers have included in the project proposal 21.2± acres of open space and parkland. Planning staff would consider the amount of open space and parkland a reasonable offset to permit the 33 townhouse lots as pars of the project proposal. In addition, the overall PUD provides lots two to three times the minimum size to buffer larger lot development to the north. The zoning ordinance considers townhouse lots as sublots, defined as a portion of a platted lot designated for separate ownership from other portions of the lot and used for townhouse or other construction that has separate ownership of parcels. Section 27.22.130 of the zoning ordinance requires the sublots have minimum lot size of 2, 000 square feet and the parent lot, a lot that comprises the two or more sublots, be at least 6, 000 square feet in size. The proposed townhouse lots exceed the zoning ordinances criteria for size of both the sublot and parent lot. However, to allow some, f lexibility, the developer may reduce the sizes of the townhouse lots but in no case can they be below 2, 000 square feet and the parent lot must be at least 6, 000 square feet. 3. Kalispell Zoning Ordinance, section 27.05.020 (Permitted uses within the R-2 zoning district) and Section 27.05.030 (Conditional uses within the Rr-2 zoning district) The developer is requesting that an assisted and independent living facility with up to 104 units and a 160 unit apartment or condominium complex be permitted within the R-2 zoning district. currently both the assisted and independent living facility and ap art ment complexes are not permitted or conditionally permitted within. the R-2 zoning district. Assisted and independent living facilities are currently permitted as a conditional use within the low and medium density residential apartment zoning districts and the H-1 (Health Care) zoning district. The proposed assisted and independent living facility would take up an area approximately 4. g acres or roughly d percent of the entire site. This facility would provide options for residents in the area that may want to live close to family residing in homes to the south or east within the same subdivision. Chapter 3 of the Kalispell Growth Policy, Goal 1 states, "Provide an adequate supply and mix of housing that meets the needs of present and future residents in terms of cost, type, design and location." The incorporation of the assisted and independent living facility into the overall project would help the PUD achieve this goal. 9 The plans submitted for the assisted/independent living facility include the general layout on the 4.9 acre tract o, f' land and some general elevation concepts the future buildings will incorporate. The developer is requesting that once the facility is closer to actually being constructed, the developer will resubmit specific plans as an amendment to the PUD. The plans would provide more specific details regarding architecture, access, parking, landscaping and screening and other impacts as deemed appropriate by the staff. The amended PUD request would then come before the city council for approval. Apartment or condominium units are a conditional use in the RA (apartment) zoning districts. The developer is requesting approval to place 160 apartments condominium units on. an 8.7 acre tract of land located centrally within the Valley Ranch project. As stated above for the assisted and independent living facilities, the Kalispell Growth Policy encourages a mix of ` housing types. .higher density housing is desirable as recent approvals for the Glacier Town Center,which includes over one million square feet of ' commercial retail and office space, is located approximately rf mile south. The planning department encourages a variety of housing options in such close proximity to future commercial and retail center. The current site plan shows the general location of the apartment/ condominium buildings. Planning staff is recommending as a condition of approval that, prior to issuance of a building permit for each of the units, the plans incorporate bike racks, sidewalks, a landscaping and irrigation plan, and provide a minimum separation between each of the buildings. The minimum separation between buildings is proposed at 20 feet from. eave to eave. The current R-2 zoning setbacks would be required along the perimeter of the 8. 7 acre tract of ` land. 4. Kalispell Zoning Ordinance, Section 27.05.040 (5) (Permitted lot coverage of 35%) to permit the townhouse lots to increase the lot coverage to 45%. The R-2 zoning district has a maximum lot coverage of 35% . The developer is requesting the permitted lot coverage be increased on the townhouse lots to 45%. The purpose of the requested lot coverage increase is to provide for greater options for the building foot print and in turn a range of interior/ exterior space. Planning staff does not have an issue with the requested increase in lot coverage for the townhouse tots. .Fast projects within the city have had to request lot coverage increases .for their townhouse tots because at 35% on a smaller sublot, this may not afford the builder or lot owner the flexibility in design for a home and garage. An increase to 45% would stilt maintain the setbacks established in the R-2 zoning district and not negatively impact surrounding residential development. The size of the lot and the housing product the developer is proposing would warrant an increase in lot coverage. The greater tot coverage is ultimately off -set by the 25% open space and recreational component of the project. 5. Kalispell Zoning Ordinance, Section 27. 24. 09❑ (Permitted signs in Zones R--13, R-2 7 R-- 3 and R-4) to permit signs for the apartment/ condominiums and assisted / independent living facility. 10 The developer is requesting two signs for the condo/ apartment area; one 24 square foot sign to be placed at the southernmost entry and one 10 square foot sign to be placed at the northernmost entry. Likewise, the developer is also requesting two 10 square foot entry signs at each of the two entries for the assisted living complex. Planning staff acknowledges the need for some signs to identify the apartment units and assisted/independent living facility and supports the request to provide for signs at the major entrances to these building complexes. One 24 square foot sign is appropriate for the scale of the apartment/condo lot. Likewise, two 10 square foot signs at the entrances to the assisted and independent living facility would also be appropriate. Planning staff is also recommending the planning board and city council consider pen7nitting a maximum of two on --site marketing signs for the development. The signs would have a maximum size of 64 square feet and only one sign would be permitted along Highway 93. With larger developments, on -site signs identifying the project has been an industry standard. Mis recommendation seeks to acknowledge practices that already occur in developments and place parameters around such signage. SurnmaEy of review criteria # 1: Are the deviations in the public interest: The proposed PUD is deemed to be in the public interest because it provides housing options in an area of the city for which the type of density proposed has been anticipated. The design serves to shift density and in doing so this achieves significant open space and an improved overalldesign. The PUD provides more than the minimum amount of parks and open space with improvements to said park land to be open to the general public. Five proposed townhouse lots in phase 3 are shown on the preliminary PUD plan with their sole means of access by way of an alley. The Kalispell Subdivision Regulations, section 3.087 Access, state that each, lot shall have legal and physical access and must abut and have access to a public or private street or road. Alleys and emergency secondary access roads shall not be used to provide the primary means of access to a lot. The five townhouse lots in question, lots 23r-25, 27 and 28 would have direct access onto an alley only. After discussions with the developer and the city's site review committee, the Kalispell Planning Department is recommending a road extension in the area of lot 64 south to the projects boundary with assessor's tract 3BA. The five townhouse lots could then be realigned with this new road segment and have direct access off of the road. The new road segment would serve two purposes. First, the roadway will provide access to the five townhouse lots which meets the requirement of the subdivision regulations. The second purpose is to accommodate a future roadway from this area of phase 3 south to Whitehall Road via the four tracts of land outside of the Valley Ranch PUD boundary. The realignment of lots and new roadway will be included in the recommended conditions of approval for the project. 11 Figure 1: This figure illustrates the discussion. above regarding the recommendation to adjust several townhouse lots and the road alignment in the northwest corner of the project. The solid lines illustrate the realigned road with the dashed lines illustrating possible future road connections with lots to the south. z •.k ,k;..:...:: r fit. +?g2 �a.�'c•i"'`�7"7Li]�s'1p7"S'L�x' 2. The nature and extent of the common open space in the planned development project, the reliability of the proposals for maintenance and conservation, of the common open space and the adequacy or inadequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; The PUD plan calls out 21.2± acres of open space and parkland throughout the 80.7 acre site. The 21.2± acres are in the form of neighborhood parks, perimeter buffers and accent areas at project gateways. The application states that the open space areas will. be governed by a homeowner's association with portions of the large open space/parr areas offered to the City of Kalispell for public park space. The valley Ranch Planned Unit Development plan shows six areas labeled on the plan as park area. These park areas range in size from. approximately 34,800 square feet to eight acres in size. The parr areas, as shown on the plan, are spread throughout the proposed project with a buffer area varying from 15 feet in width to 100 feet located along the eastern and northern boundaries of the site to provide some separation from the project site and the adjacent subdivision. one of the larger park areas proposed is adjacent to the park area of the Ponderosa subdivision. The Ponderosa Park is privately owned and maintained by the homeowners association. The developer has proposed a large park area next to the existing park within. the Ponderosa subdivision to allow for a generous sized open space transition between the two residential developments. The proposed 21.2± acres of open space and parkland are adequate to provide for the active and passive recreational uses within the residential PUD. The PUD request would allover 85 residential. lots, 33 townhouse lots, 160 apartment / condominium units and. 80 assisted and 24 independent living units for a total of 382 dwelling units. Section 3.19 (A) (2) of the Kalispell Subdivision Regulations requires the subdivider to dedicate to 12 the City a cash or land dedication equal to 0.03 acres per dwelling unit when residential densities in a proposed subdivision exceed 11,880 square feet per dwelling unit. This equates to a .cash or land dedication equal to 11.46 acres. Although both the apartment/ condominium and the assisted and independent living units technically would not be included in this calculation because no land is being subdivided to accommodate those units, the PUD still requires the city to address the open space needs of the development as a whole. Therefore, these units have been included in the open space review. The proposed 21. 2± acres exceed the minimum land dedication for parks under the subdivision regulations and can be considered appropriate for the amount of dweliin.g units proposed. However, of the 21.2± acres proposed as open space and parkland, at a m 1 n1m urn, 11.46 acres should be improved parkland with irrigation, landscaping, play equipment and other amenities and not simply left as passive open space. The Kalispell Parks and Recreation Department and Bruce Lutz of Sitescape Associates, the consultant for Gateway Properties, reviewed the proposed PUD park plan. The parks department agreed that the 3 acre .park, the 3.3 acre linear park along the south boundary of Ponderosa Estates and the 1.5 acre park next to the assisted living facility would be acceptable as city parks. Improvements recommended by the Parks Department for these three parks are as follows: 1) A trail starting at the northwest corner of the PUD and connecting with a high way side trail aligned through the S acre park, through the linear park and connecting via the sidewalks along Sun Prairie Court with the 1.5 acre park adjacent to the Assisted Living Complex. The trail should be paved to an 3 foot width on the interior of the site and 10 feet wide adjacent to the highway. 2) Provide easements for a trail adjacent to Highway 93 along the northwestern portion of Valley Ranch. 3) Provide landscaping and irrigation in the public park areas acceptable to the Kalispell Parrs and Recreation. Department. 4) Provide one tennis court, one 20 foot diameter shelter/pavilion., a hard -surface multi -purpose court and a 5w 12 year -old playground in the S acre public park. 5) Provide a 12-14 foot diameter shelter and a 2-5 year -old tot lot in the 1.5 acre park. 6) Provide benches in each of the parrs along the trail and benches along the trail in the linear park. The dedication and improvement of these three parks exceeds the urn 11.46 acres required for parkland dedication based on the 332 living units proposed. The department further recommends that the highway buffer and trail along Highway 93 and the 0.8 acre homeowner's park immediately north of the 8.7 acre apartment/ condominium lot be improved with phase 1. Improving the highway buffer area will establish the bike path and provide for further trail expansion to the north or south should those properties develop into the city prior to construction of phase 3. The 13 addition. of the 0.8 acre homeowner's park will provide recreational opportunities next to the highest density dousing on the project site. Although an additional 1.5 acre park will be developed with phase 1, the majority of parkland is included in phases 2 and 3. However, the majority of dwelling units on the site are proposed within phase I and, therefore, there is a greater need to establish more parkland than what is shown on the proposed phasing plan. A homeowners association will be created to maintain the open space and several of the park areas shown on the PUD plan. The department is recommending the city take ownership and maintenance of the three parks within the Valley Ranch PUD after all improvements are in place. The Department is also recommending a park maintenance district be formed in accordance with section. 7--1 2-4001 Montana Code Annotated in order to provide funding for the on -going maintenance of the park areas. As currently proposed, the future homeowners association would be set up to maintain the open space and other park areas within the future subdivisions on the project site. These areas include the highway buffer, designated park areas not proposed to be owned and maintained by the city and all open space areas shown on the PUD plan. The majority of the open space, buffer and park areas under the homeowners association are located on the boundaries of the project site. It is therefore imperative that these areas be well maintained for the visual aspect of the Valley Ranch project from, adjacent properties and the highway, the safety of the pedestrian paths and the ongoing functionality of the storm crater facilities. staff is recommending that a condition be added to the PUD which would incorporate the highway buffer, parr areas and open space of the Valley Ranch, project into the parr maintenance district in the event the homeowners association fails to maintain its properties. The Kalispell Growth Policy, Highway 93 North growth Policy Amendment, Policy 3. i. i recommends a minimum 100--150 foot buffer be provided for major entrances. The PUD proposes a 100-foot buffer as well as a passive park area along the project's Highway 93 frontage. This buffer area exceeds the minimum requirements under Policy 311 and provides for the retention of the wrest half of a small hill adjacent to Highway 93. The bill is covered in grass with more than a dozen large ponderosa pines. Removal of some of the pines will be required to accommodate the proposed housing on the east side of the hill but the retention of the west half of the hi11 and trees will provide for a visual buffer and noise break between lots located off of Plentywood Loop. 14 Figure 2: View of the open space/parkland adjacent to Highway 93 looking south towards Kalispell. Highway 93 is just outside the picture frame on the right. 3. The manner in which said plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light or air, recreation and visual enjoyment; A. Public Services The extension of water and sewer to the site will be required to serve the development. The application states that an 8-inch crater main will be installed as part of the internal water distribution system. The 8-inch water main will connect to an existing 14-inch transmission pipeline within the Highway 93 right-of-way. Sewage collection will be provided by are. 8-inch diameter or larger gravity sewer collection main that will drain to an existing 18-inch sewer main located on the east side of the Highway 93 right-of-way. Two sewage pump stations may be necessary to serve those areas that rare rt nt reach, th P 18 -in c sewer mark by a atri tv f1 nw. C)-n e of tl � � ft stations would be located near the intersection of Whitehall Road and Round -Up Road. The other lift station would be located to the north at the intersection of Plenty -wood Loop and Round -Up Road. Due to the visual presence and fencing accompanying a typical lift station, a recommended condition of approval for the PUD would require a landscaping plan be provided as part of the preliminary plat of the future subdivision and implemented prior to final plat approval. The landscaping would help to screen the lift station from residents, pedestrians and vehicular traffic corning into and out of the subdivision. Presently, sewage from. Silverbrook Subdivision travels south within. the 18-inch sewer to a sewage pumping station located north of the Stillwater River and West of Z.J.S. Highway 15 93 thence by force main and a gravity main to a lift station at the intersection of Highway 93 and Grandview Drive. The existing downstream sanitary sewer collection system (downstream of the Grandview pumping station) does not have the capacity to accommodate the severer flows from this or any new development generating sewer flows toward the sewage pumping station located at the intersection of U.S. 93 and Grandview Drive. The Kalispell Public works Department has stated that additional off -site improvements are necessary to convey sewage from the valley Ranch project and other development in this area to the waste water treatment plant, located approximately 5 1I� miles south.. The application states, "the city of Kalispell is in the best position to make the necessary improvements happen and must focus some energy on the process sometime soon if the piping is to be in place when needed to meet the time frames of the various projects already approved and those contemplated in the near future." Currently, the city is not in the position to build the needed off -site improvements to accommodate this and other larger scale developments in the area. The developer is in the best position for making the improvements, since the city does not have any fa�.n.ancial interest in the proposed development. Therefore, the department is recommending that upon submitting a preliminary plat application for each phase the developer provide the department with a plan of how sewage wil.1 be conveyed to the severer treatment plant. The plan, once reviewed and approved by the department, would be required to be installed prior to final plat approval. The proposed storm water management plan will. collect and convey storm crater runoff from the streets and alleys to a number of ponds located in open space or parklands throughout the site. Each of the ponds will hold storm water for that immediate area and allover it to slowly percolate into the ground. The department is recommending that the developer submit a concept drainage report for each of the preliminary plat submittals. The concept drainage report will be used by staff to preliminarily assess the drainage requirements for the subsequent subdivisions on the project site. The purpose of the concept drainage report is to demonstrate that the proposed drainage facilities are feasible with respect to design, construction, and maintenance. With a concept drainage report the developer and department can better address storm water management techniques and identify the best areas for the collection and storage of storm water. As part of the preliminary plat application of phase 1 the developer will need to submit an overall storm crater plan. (for the entire development) along with the concept drainage report. The developer also needs to recognize that off -site improvements may be required to convey storm water to existing or proposed facilities. The City of Kalispell has required past developments to complete a rrni-tnurn of two- thirds of the necessary public infrastructure (water, sewer, roads, etc.) prior to fling the final plat for subsequent subdivisions. This has been includes in the list of conditions to insure that, prior to issuing a building permit on a new lot, there is access which meets the fire department's min *mum standards as well as adequate water and sewer services. In the past, the city has allowed subdivisions to file a final plat and subsequent home construction to begin prior to a majority of the infrastructure installed. Problems have occurred when new homes were occupied and there was insufficient water for fire 16 suppression and f or sewer mains were not working properly. Therefore, in order to provide adequate services to the subdivision at the time the lots are created, staff is recommending a condition requiring a minimum of two --thirds of the infrastructure be installed prior to final plat. Included in the two-thirds infrastructure requirement both the water and sewer systems serving each phase will need to be operational operational. The development has provided for individual automobiles and pedestrian and bicycle traffic in the PUD proposal. To provide for a greater diversity of transportation options planning staff would recommend that the developer work with Eagle Transit to establish bus stop locations throughout the project site. Eagle Transit, a public transportation program that provides transportation in a safe manner for the transportation - disadvantaged and the general public of Flathead County, has recently incorporated a fixed route within the County and has several bus stops within. Kalispell. After reviewing the proposed project, Eagle Transit staff is recommending one and possibly two bus station sites within the project. Staff would also recommend that the approved bus stop locations be improved in accordance with Eagle Transit's requirements which may include a bus shelter. This recommendation complies with. Goal 3 of Chapter 10 of the Kalispell Growth Policy which states, "Provide Greater Diversity in Transportation Options." B. Control over vehicular traffic The developer hired wGM Group, Inc. of Missoula to conduct a traffic impact study for the proposed project. The traffic impact study determined weekday average daily traffic to be approximately 2,500 vehicles trips. The majority of these trips, approximately 80%, during peak traffic hours are anticipated to travel south of the project site. As a result of the traffic impact study the valley Ranch Planned Unit Development layout shows two access points along Highway 93 that would be 3/4 turning movements at this time (allowing left and right --turns in and right -turns out, but prohibiting Left turns out for traffic to travel southbound on Highway 93) . A full movement intersection onto Highway 93, which would allow traffic to travel south from the project site is not recommended. Due to the access limitations to the site the traffic impact study recommends a connection with the commercially zoned property immediately south of the project site when the site is developed. A connection to the south would provide the project site with a connection with Rose Crossing and a potential future signalized intersection of Rose Crossing and Highway 93. This will provide a full movement intersection that has a higher level of service to accommodate south bound traffic from the site. Based on the traffic impact study, city staff is recommending that a condition of the PUD require the future subdivision on this site not be given final plat approval until a connection is made to the south where a full movement intersection would be provided. This future roadway connection will need to be constructed to city standards and be adequate to handle the volume of traffic generated by this development and subsequent development in the immediate area. The project design also includes the use of alleys on the smaller detached single-family lots and the townhouse lots. with the use of alleys planning staff is recommending the power, phone, natural gas and cable television lines normally placed just outside the road right-of-way instead be located within the alley right-of-way. This would place 17 potential electrical and phone pedestals in the alley preventing the street sides of the lots from being obscured with utility boxes and pedestals. After reviewing the proposed PUD plan the Kalispell Fire Department is recommending that Whitehall Road, from the wrest end of the apartment/ condominium lot, to Highway 93 be improved to carry emergency vehicles. The emergency access will need to meet fire code standards. The emergency vehicle access will be required as part of the preliminary plat of phase I based on the following subdivision regulations: Section 3.08(D) of the Kalispell Subdivision Regulations states that two or more vehicular accesses or separate multi ingress -egress into a subdivision are required when one or more of the following considerations are present: 1. where the primary access road is over 1,500 feet long. 2. where a primary access road is l , 000 to 1,500 feet long and it serves initially or in the future at least 20 residential lots or 40 residential dwelling units. 3. where safe and convenient access and emergency vehicle circulation dictate. Upon reviewing the PUD plan the Kalispell Public works Department is recommending the following conditions be placed on the PUD. These conditions will be placed on the preliminary plat for phase I to insure future road and utility connects to adjacent properties. • Round --Up Road must be built to the southern end of the project site boundary with phase I. This will solidify the future connection with the residential development south of the project site and provide an outlet for the alley serving lots 34-39 in phase 1. ■ Whitehall Road must be constructed to city standards to the eastern boundary of the project site instead of the reduced roadway shown on the PUD plan. The Kalispell Planrnng Department is recommending an undefined 60-foot wide public road and utility easement be provided along the east side of Round -Up Road in the park area between lots 56 and 57. The easement would be undefined at this point and on future subdivision plats. The purpose of the easement is to provide a future alternative route out of the Ponderosa subdivision. Currently, if residents of Ponderosa choose to travel south to Kalispell their options are to travel west to the intersection of Highway 93 and Ponderosa Lane or travel north along Sirucek Lane. Sirucek Lane. iriterstects Tronstad Road approximately 1/2 mile north of Ponderosa. Residents then must go either west to Highway 93 or east to whitefish Stage Road to travel south. Placing an undefined 60-foot wide road and utility easement adjacent to the Ponderosa homeowner's park will provide residents the option of constructing a roadway from. Ponderosa Lane, southwest through a portion of their park, and connecting with city streets in Valley Ranch. With increased development and traffic on Highway 93, a safer, less congested alternative to travel to areas south of Ponderosa may be necessary in the future. C. Visual enjoyment The 80 acre project site is relatively flat with some moderate slopes in excess of 10% on the east side of the site and a small hill on the crest side adjacent to Highway 93. The 18 project proposes to maintain the visual enjoyment of the area by incorporating landscaped buffers along Highway 93 and maintain existing vegetation along Highway 93 and the Ponderosa subdivision. The project accomplishes this by includ�ng the following in the PUD plan: ■ The open space areas on the crest side include a 100 foot wide buffer strip, small linear parr and maintaining the west half of the small hill. A cross section of the 100 foot buffer adjacent to Highway 93 shows a landscaped earth berm with a height between 8 and 10 feet. Behind this a linear park, approximately 130 feet will also include landscaping in the form of trees and grass. ■ Along a portion of the proj ect's boundary with the Ponderosa subdivision the developer has proposed a 100 foot wide buffer on the north end of lots 48--56. This area includes several stands of pine trees that would act as a buffer between the two developments. The proposed PUD also includes elevations of future single family, townhouse and apartment/ condominium units that would be built on the site. These elevations include gable roofs with split frame windows and a varying color pallet for the homes which help to emphasize the windows, porches, fascia., columns and other architecturally distinct features of the homes. The majority of the homes within the site will have access to an alley or common parking lot. This in turn allows for a streetscape that emphasizes the home and living space and places the driveways, garages and parking areas to the side or rear of the living units. D. Light and air The proposed R--2 zoning as well as the proposed PUD amendments still require housing setbacks and height limitations to provide for adequate light and air within the project proposal. Design guidelines have been included to . provide housing standards to maintain the visual quality of the entire project. E. Recreation The park areas and open space area will provide the recreational amenity within the development. These facilities will be owned and maintained by the homeowners association with the larger parks within the project being offered to the city to own and maintain. As a recommended condition, of approval a parks maintenance district would be formed prior to final plat approval for the subsequent subdivision on the site. The maintenance district would provide funding for the city parks and, if necessary, the homeowners parks and open space areas as well. 4. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established; The project is proposed in a rural area of Flathead County with existing rural residential development immediately north of the project site. There are also several businesses located along Highway 93 immediately west and north of the site. Development of the 80.7 acre project site has the potential to n' npact existing residences of the Ponderosa subdivision located north of the project site. The Ponderosa subdivision is a rural neighborhood platted in the late 1970's and early 1980's. Lots within the Ponderosa subdivision vary between 1/2 acre to 1 acre in size. For decades residents in the Ponderosa subdivision have lived in a relatively quiet rural setting but as the city grows northward it is 19 reasonable to expect city densities to accompany this northward expansion. The developer has tried to offset some of the housing density impacts by incorporating larger lots, varying between. 13,000f square feet to 32,000± square feet, adjacent to the Ponderosa subdivision and park and open space areas along the boundaries of the project. The park and open space areas vary from. a 20-foot wide open space corridor on the north end of the Valley Ranch PUD site to a 100 -foot wide linear park area between the proposed lots and the existing lots within the Ponderosa subdivision. These park and open space areas create a greater setback from future houses within Valley Ranch to existing homes within Ponderosa and, within the linear park, maintain several stands of ponderosa pines. There is a National Guard Facility currently located southwest of the project site's southwest boundary (the boundary corner closest to lot 14) . The PUD plan shows the land uses closest to the National Guard Facility as single family residences. A letter received from Debra LaFountaine, Master Planner for the Department of Military Affairs, voiced concern over the proposal to place residential uses in close proximity to the facility. The letter notes that on weekends they have over 200 personnel conducting drills at the facility and they need to keep the area well lit. The concern is how this noise and light would impact future residents within the project. She is requesting this future problem be mitigated by possibly increasing the proposed buffer along the south side of the project site. The proposed PUD plan shows a future road extension to the southwest corner of the project site and a 1 oo-foot open space buffer between the single-family lots and the National Guard Facility. At this time it is unclear whether the roadway and open space along the eastern boundary would mitigate issues identified by Ms. LaFountain.e. Staff recommends that prior to submitting a preliminary plat for phase 2, the developer contact the Department of Military Affairs and work with them to come up with a suitable mitigation plan. The National Guard Facility is fairly new and can be expected to continue operating for the next 20 yews or more. 5. In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the plan which finding shall be made only after consultation with the city attorney; The application indicates the site will be developed in 3 phases and a phasing timeline was included with the application. The phasing plan has phase 1 developing within 2 years of approval of the PUD. Phases 2 and 3 will develop within the next 4 and C years of approval respectively. Phase 1 includes single-family residential lots 28-45, townhouse lots 1-8, the 4.9 acre assisted and independent living facilities lot and the 8.7 acre apartment/ condominium lot. Phase 2 includes single --family residential lots to the north and south of phase 1. Phase 3, located in the northwest portion of the project site, includes the remaining single-family lots and townhouse lots. The developer is constrained with the timing of the first phase of the project since he will not be able to obtain final plat approval for phase 1 until Rose Crossing is constructed between. whitefish Stage Road and Highway 93. This construction needs to occur to allow the developer to construct an access road south to Rose Crossing to provide the residents of Valley Ranch a safe full movement intersection onto Highway 93. 091 Although planning staff acknowledges the development constraints on the property the proposed PUD, if approved, should have a sunset date. Planning staff recommends that the PUD be valid for a period of two years with the option for a one year extension. Within this initial potential three year period, the developer will need to obtain preliminary plat approval for the first phase. Subsequent phases will need to obtain preliminary and final approval within two years of Brig the final plat for phase 1. However, the PUD will expire if, after preliminary plat approval is given for phase 1, the final plat is not filed within the required timeframes (i.e. a maximum of 7 years from the PUD approval date) The purpose of placing these time frames on the PUD is to insure that there continues to be a viable project on the site and prohibit developers from sitting on land for several years to decades before starting their approved project. The time frame also provides the adjacent public assurance of what is anticipated on the site. Part of the requirements of the PUD is that the developer would enter into an agreement with the City of Kalispell to adequately insure that the overall integrity of the development, the installation of required infrastructure, architectural integrity and proposed amenities, are accomplished as proposed. A recommended condition of approval for the PUD would require this agreement be in place prior to filing the final plat for the first phase of the project. 5. Confority with all applicable provisi mons of this chapter. No other specific deviations from. the Kalispell Zoning ordinance can be identified based upon the information submitted with the application other than those addressed in the beginning of this report. RECCDATIONS Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPUD-08-1 as findings of fact and recommend to the Kalispell City Council that the PUD for Valley Ranch be approved subject to the conditions listed below: General Conditions: 1. The Planned Unit Development for -Valley Ranch allows the following deviations from. the Kalispell Zoning ordinance: A. Kalispell Zoning ordinance, Section 27.05.040 (1) (Minimum lot size in the R--2 zoning district) . Allows the rnia� * urn lot area to be reduced from 9,600 square feet to s, 100 square feet for detached single-family lots. B. Kalispell Zoning ordinance, section 27.05.020 (Permitted uses within the R--2 zoning district) . Allows townhouse as a permitted use within the R-2 zoning district. The townhouse units may also be used temporarily as a model unit for sales 21 purposes. Note: The townhouse lots may be reduced in size but in no case shall the lot size be below 2,000 square feet or 6,000 square feet for the parent lot. C. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2 zoning district) and Section 27.05.030 (Conditional uses within the R-2 zoning district). Allows assisted and independent living units and apartment/ condominium units in the R-2 zoning district. These units may also be used temporarily as a model unit for sales purposes. D. Kalispell Zoning Ordinance, Section 27.05.040 (5) (Permitted lot coverage of 35%). Allows lot coverage for the townhouse lots to increase to 45%. E. Kalispell Zoning Ordinance, Section 27.24.090 (Permitted signs in Zones R-- 17 R--2, R-3 and R--4) . Allows the following: One 24 square foot sign and one 10 square foot entry sign for the apartment/ condom inium development. • Two 10 square foot entry signs for the assisted/ independent living facility. * Two marketing signs not to exceed 64 square feet. Note: Only one marketing sign may be placed adjacent to Highway 93. The signs shall be maintained and kept in good condition. The signs shall be removed upon the sale of S 0% of the dwelling units or if the PUD expires. 2. A. revised PUD master plan shall be provided with the preliminary plat submittal of phase I which incorporates the Valley Ranch PUD conditions of approval. Note: The implementation of the conditions may result in the loss of dwelling units. 3. That the development of the site shall be in substantial compliance with the following plans, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council: • A. maximum of 278 dweg units and up to 104 assisted and independent living units. e Valley Ranch PUD master plan dated 5--20-05 0 Phasing Plan • Schematic Landscape Plan • Elevations for single family lots 22 • Elevations for the townhouse lots • Preliminary schematic site plan for the assisted and independent living facility • Elevations and preliminary schematic site plan for the condo or apartment units • Landscape Buffer for Highway 93 • Declaration of Covenants, Conditions, and Restrictions • Design Standards Note: The building height and lot coverage standards will be modified to comply with the zoning ordinance's definition and calculation of these standards. The reference for guest homes shall be removed. • Typical road sections Note: For the road section the sidewalks shall be located within one foot of the right-of-way line to provide for a widened boulevard. For the alley section that area between, the edge of pavement and property line shall be seeded. 4. A street and associated right-of-way meeting city standards shall be constructed in the area of townhouse lot 22 from Plen.tywood Loop south to the project's boundary with assessor's tract 3BA. This construction and right-of-way dedication shall occur prior to final plat approval for phase 3. 5. The following parks shown on the PUD plan shall be dedicated to the city of Kalispell upon final plat approval for each of the respective phases: • Phase 1 --The 1.5 acre parr next to the assisted livM* g facility • Phase 2 - The 3.3 acre bear park along the south boundary of Ponderosa Estates ■ Phase 3 - The 8 acre park 5. The developer shall provide the Parks and Recreation Department with a revised park improvement plan for each of the three city parks with the submitt of the preliminary plat. Park improvements shall include the following: • A trail starting at the northwest corner of the PUD and connecting with a highway side trail aligned through the 8 acre park, through the linear parr and connecting via the sidewalks along Sun Prairie Court with the 1.5 acre park adjacent to the .Assisted Living Complex. The trail must be paved to an 8 foot width on the interior of the site and 10 feet wide adjacent to the highway. • Provide easements for a trail adjacent to Highway 93 along the northwestern portion of Valley Ranch. 23 • Provide landscaping and irrigation in the public park areas acceptable to the Kalispell Parks and Recreation Department. • Provide one tennis court, one 20 foot diameter shelter/ pavilion, a hard --surface multi -purpose court and a 5-12 year -old playground in the S acre public park. ■ Provide a 12-14 foot diameter shelter and a 2-5 year -old tot lot in the 1.5 acre park. • Provide benches in each of the parks along the trail and benches along the trail in the linear park. The plans shall be reviewed and approved by the Parks and Recreation. Department and implemented prior to final plat approval. 7. Detailed plans for parks, open space areas, and 100--foot highway setback buffer, other than the three city parks cited in condition 5, shall be submitted with the preliminary plat application of their respective phase. The Parks and. Recreation Department shall review and provide a recommendation of the plans for city council approval. 8. A pedestrian / bike path plan shah be submitted with the preliminary plat application for phase i to the Parks and Recreation Department for its review. The plan shall include the pathway width and construction materials for the paths located throughout the Valley Ranch PUD. The city council shall approve the plan with path construction coinciding with the various phases of development. 9. Parks and open space development for phase 1 shall include the 1.5 acre city park adjacent to the assisted living facility, the 0.8 acre homeowner's park north of the 8.7 acre apartment/ condominium lot and the 100 -foot wide buffer area along Highway 93. 10. Prior to obt" * * g a building permit for the assisted and independent living facility, the developer shall submit an amendment to the valley Ranch PUD for a public hearing showing the location, size, elevations, landscaping and parking associated with the assisted and independent living facility. Note: The building shall incorporate four sided architecture and an.' on --site public transit location. Building plans shall incorporate the use of an automatic fire suppression system. 11. Prior to issuance of a building permit for each of the multi --family buildings, the Kalispell Site Review Coma ttee shall review each individual building plan with all applicable city codes and policies and the following: ■ Heavy duty loop bike racks capable of holding 5 bicycles located adjacent to each building ■ A landscaping and irrigation plan • Sidewalk connectivity between the units, parking areas, bike paths if applicable and sidewalks along the adjoining streets • Multifamily buildings on the same lot shall have a minimum building separation of 20 feet leave to eave) . 24 12. The clubhouse for the apartment/ condominium units shall be completed prior to issuance of the certificate of occupancy for the 41 st unit The clubhouse shall be approximately 2,500 to 3,000 square feet in size and have bathrooms and kitchenette facilities in addition to multipurpose rooms. The clubhouse may serve as a sales office for the ap artment f condoarnin * Um units. 13. Prior to final plat approval for phase 1 the following road improvements shall be installed: • Whitehall Road, from the west end of the apartment/ condominium lot, to Highway 93 shall be improved to carry emergency vehicles. The emergency access will need to meet fire code standards. ■ Round --Up Road shall be built to the southern end of the project site boundary to city standards. • Whitehall Road shall be constructed to city standards to the eastern boundary of the project site. 14. An undefined 60 -foot wide public road and utility easement shall be provided along the east side of Round. --Up Road M the park area between lots 56 and 57. The easement shall be noted on future subdivision plats. 15. A landscaping plan for any lift stations on the project site shall be provided with the submittal of a preliminary plat. The landscaping plan shall incorporate a combination of trees and shrubs with a density adequate to screen the lift station from public view. 16. Future subdivisions on the project site shall not be given final plat approval until a street connection is made to the south which provides a full movement intersection in order for traffic to travel south on either Highway 93 or Whitefish Stage Road. 17. Upon submitting a preliminary plat application for each phase the developer shall provide the Public works Department with a plan of how sewage will be conveyed to the sewer treatment plant. The plan, once reviewed and approved by the Public Works Department, would be required to be installed prior to final plat approval. 18. The developer shall submit a an overall stormwater plan for the entire development with the prelim ffiary plat application of phase 1 and a concept drainage report for each of the preliminary plat submittals. The concept drainage report shall include but is not limited to the following: ■ Narrative: The narrative shall describe all proposed methods and alternatives for stormwater treatment and disposal, as well as provide sufficient information, supporting technical data, assumptions, design criteria, and drainage calculations. If phasing is anticipated, an explanation of how the drainage system will be phased and constructed shall also be included; r Schematic: The schematic plan of the proposed stormwater system shall show the approximate size and location of all drainage components; 25 4 Geotechnical Information.: If infiltration is proposed, then sufficient site characterization work shall be completed to demonstrate that the proposed facilities will function as intended. • Pre -Development Basin. Information: This information shall summarize the pre -development drainage patterns for all basins contributing flour to, on., through, and from the site. The narrative shall identify and discuss all existing on --site and/or off -site drainage facilities, natural or constructed, including but not limited to Natural Drainage Nays (described in the 2008 Kalispell Stormwater Facility Plan Update, if applicable), conveyance systems, and any other special features (i.e. wetland, streams, rivers) on or near the project; and, • Down -Gradient Anal sis: This analysis shall identify and discuss the probable impacts down. --gradient of the project site. 19. A park maintenance district shall be formed in accordance with section 7-12- 4001 MCA incorporating all the lots within the Valley Ranch project. The taxes levied within the maintenance district shall be determined by the Parks- and Recreation Department with approvals by the Kalispell City Council. Such a district shall become effective upon recording the final plat for each phase. 20. The developer shall work with Eagle Transit to establish bus stop location(s) within the Valley Ranch PUD. The approved bus stop location (s) shall be included on a revised PUD plan and submitted with the preliminary plat of phase 1. Bus stop location(s) shall be improved in accordance with Eagle Transit's requirements, which may include a bus shelter, in the respective phase the bus stop is located within. 21. Prior to submitting a preliminary plat for phase 2 the developer shall contact the Department of Military Affairs and work with them to come up with a suitable plan to buffer the anticipated residential land uses adjacent to the existing National Guard facffity. 22. A minimum of two --thirds of the necessary public infrastructure shall be completed prior to final plat submittal for each phase and that both the water and sewer systems serving the phase are operational. 23. The power, phone, natural gas and cable television lines shall be located within the alley right--of-way. where an alley is not adjacent to the lot the power, phone, natural gas and cable television lines shall be located within a separate 10-foot easement outside of the road right-of-way easement. 24. Street lighting shall be located within the development and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. 25. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. The development agreement shall be submitted with the final plat application of phase 1. m 26. Approval of the planned unit development shall be valid for a period of two years from the date of approval with the possibility of a one-year extension to be granted by the city council. Within this time, the developers shall obtain approval of a preliminary plat for the first phase of the project. When a preliminary plat is submitted and approved for the site the developer will have up to three years to complete the first phase and two years to complete subsequent phases. The Valley Ranch PUD shall expire if, after preliminary plat approval is given, the final plat is not filed within the above stated timefram,es 27 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING AUGUST 12, 2008 GALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 6:00 p.m. Board members present were: Bryan Schutt, Rick Hull, C.M. (Butch) Mark, John Hinchey, Jim Williamson, Richard Griffin and Troy Mendius. Toni. Jentz and Sean Conrad represented the Kalispell Planning Department. There were approximately 20 people in the audience. APPROVAL OF NOWTES dark moved and Hinchey seconded a motion to approve the minutes of the July 8, 2008 Kalispell City Planning Board meeting. ROLL CALL The motion passed unanimously on a roll call vote. PUBLIC COI42VIENT No one wished to speak. VALLEY RANCH PLANNED A. request by Gateway Properties, Inc. (Talley Ranch) for a UNIT DEVELOPMENT planned unit development (PUD) overlay Zoning district on approximately 80 acres of land currently zoned City R-2 (Single Family Residential) within the City of Kalispell. A total of 382 units are proposed on the site which includes 85 single-family residential lots, 33 townhouse lots, 104 assisted / independent (elderly) living units, and 160 apartment/ con.donu*nium units. The property is located on the east side of Highway 93 approximately 1 1/2 miles north of the intersection of Highway 93 and. west Reserve Drive, and south of a County subdivision., Ponderosa Estates. STAFF REPORT -08- Sean Conrad, representing the Kalispell City Planning 01 Department reviewed staff report KPUD-08-01 for the board. Conrad said the Talley Ranch Planned Unit Development Zoning Overlay is before the board tonight. Conrad provided the location of the site for the board and reviewed the uses within the project including parks, open space, road connections, and the residential aspect that would include single family, townhouse, assisted /independent living and apartment/condominium units. The first phase, Conrad noted, has the highest density because it includes the assisted/ independent living, apartment/ condominium units, along with some single family and townhouse lots. City staff had some comments regarding the access for the townhouses in phase 3. Instead of access off' an alley staff is recommending a road be extended, and the townhouse units be reconfigured to front off the road. This would provide access to these lots which would meet subdivision regulations standards, and the street would also accommodate a future Kalispell City Punning Board Minutes of the meeting of August 12, 2008 Page 1 of 8 road to properties to the south of this project. The tracts to the south are developed but development is primarily on the western edge along Highway 93 and the intent here is to get a parallel road to Highway 93 which would allow further development of these lots if and when they want to come into the city. Conrad reviewed the landscape buffer that will be provided along Highway 93 which he noted is extensive and will include 100 feet of landscaped berrning and trees. They are also proposing a 130 foot wide linear park before they start the housm* g units. Hinchey asked if there was a height requirement for the buffer and Conrad said not at this time but staff is asking for more detailed plans when they come in with the preliminary plat for phase 1. Conrad noted the Parks & Recreation Department will also review those plans. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPUD--08 -o 1 as findings of fact and recommend to the Kalispell City Council that the Walley Ranch PUD be approved subject to the 26 conditions listed in the staff report. Conrad emphasized the preliminary plats will come before the board for review before any lots are created and any houses built. In addition as part of the final plat approval they would not be granted approval until there is a road con.n.ection south to Rose Crossing which will, be in conjunction with the construction of phase 1 of Glacier Town Center. That will provide the residents of Valley Ranch a full -turn, signalized intersection to safely access Highway 93. BOARD QUESTIONS Griffin noted there are differences in the number of dwelling units throughout the application and report. Jentz noted the 382 figure is correct. Griffin raised his concern with the issue of sewer where the city indicates they are not currenur. m y le posiuori to ouua the needed off -site improvements to accommodate this and other larger scale developments in the area, therefore the developer is in the best position for making the improvements. Griffin asked for clarification as this would require the developer to pay for the improvements to the city's facilities. Conrad said currently our Public Works Department indicated the infrastructure going along Highway 93 south has the capacity to serve the Silverbrook subdivision, the first phase of Glacier Town Center and other projects along this route that have already received preliminary plat approval. However, they have found with the preliminary plat approvals the station and lines are at capacity. The station would need to be upgraded and new lines would need to be run and the cost Kalispell City Punning Board Minutes of the meeting of August 12, 2008 Page 2 of 8 would be the responsibility of this and any other developer that may develop in this area. Griffin thought this would negatively impact the cost per lot in Valley Ranch. Conrad said someone has to bear the cost and right now the city doesn't have the funding to construct the unprovements . Jentz said this developer may put up the initial cost but it will not necessarily affect the values of the lots. Jentz continued the developer would enter into a late- comers' agreement with the city and the impact and hook-up fees that would be paid with each individual housing unit building perrmit would be used to reimburse the developers for the upgrades. Jentz further explained how the late -comers' fee works. Griffin asked about the current capacity of the sewage treatment plant and Jentz noted the sewage plant is currently undergoing an expansion that would double its capacity in the next 12 months. Williamson asked if this developer may also have to pay Silverbrook for their late --corners' fee and Jentz said yes. Williamson asked the status of impact fees and Jentz reviewed the current impact fee program that includes police, fire, stormwater, severer and water. Jentz noted that transportation. (roads) and parrs impact fees are currently being considered by council. Griffin asked if the 7 year approval window was a reasonable length of time given the current market. Conrad said the timeline gives the public assurance that the project approved will be completed or if the developer lets the PUD lapse the public will know with another developer the public process will begin again. Conrad noted the current developer could also request an extension from city council. Hinch.ey asked if the proposed road extension would end in a cul-de-sac and Conrad said not necessarily since there is an alley at that location but under other circumstances the Pure department could require some sort of temporary turnaround area instead. Griffin noted there was a letter from Kalispell Public Schools indicating that they have some concerns regarding this project and asked when those concerns would be addressed. Conrad said any impacts would be discussed at the preliminary plat stage. Clark noted for the record that in the past the school district has either not commented at all or their comments were very vague. Clark suggested the school district should be negotiating with the developers for school sites, etc. in the future. Jentz reminded the board that impacts to the schools cannot be used to recommend denial of a project. Jentz explained further. APPLICANT/CONSULTANTS I Bruce Lutz, Sitescape Associates said he represents Brent Kalispell City Planning Board Minutes of the meeting of August 12, 2008 Page 3 of 8 Card and Gateway Properties. He has been working with staff on the conditions and they concur with those conditions. However, they do have concerns with the sewer situation and will. be following that very closely through this process. Being neighbors to the Glacier Town Center they are hopeful that some of the other developers will share in that load. Lutz said he wanted to address a few points discussed at the work session last month including the issue of Round Up Road extending down to the south end of the property and, he added, they concur with that condition. The other issue was connectivity to Ponderosa Estates and there are some severe grade constraints in the area that was recommended. Lutz suggested the area between. lots 55 and 57 be considered instead. Lutz continued part of the conditions for phase 1 would be connecting Whitehall Road all the way from the condo area out to Highway 93 and connecting to the east side of the property in phase 1. He added they had a meeting with the Parks Department to determine what would be considered a public park v. a homeowner park. He said also in phase 1, the Parks D epartrnen.t is asking for the construction of the buffer along Highway 93 as part of phase 1, even though it is a part of another phase. Lutz reviewed the trail connections within. the Valley Ranch development. Hinchey was concerned that the first phase of this project is all of the high density and yet there would be very few park areas developed with phase 1. Lutz said along with the potential sewer issue one of the large expenses of this project will be connecting to Rose Crossing and he said phase 1 will not proceed until they can achieve that. Lutz said they wanted to internalize the assisted living project to make it more integrated into the project and closer to the town center and wanted to buffer the Ponderosa perimeter with larger lots so they have shifted their density. The 1-1/2 acre park will be built as a public park in the first phase and will have a gazebo shelter structure, benches and some kind of a trail connection to the assisted living facil ity. Clark asked for a review of the roads that will be constructed with phase 1 and Lutz provided the infornnation and the relationship with the roads to be constructed in Glacier Town Center. Clark asked if Lutz felt 7 years was enough time to develop Valley Ranch. and Lutz said he hoped it would be enough and added they have the potential to extend the timefrarne another 3 years. Clark thought under the current conditions 7 years wasn't enough time. Hinch.ey said he doesn't see any connections to Highway 93 with the exception of the road south to Rose Crossing and Lutz said with phase 1 there is another secondary connection Kalispell City Planning Board Minutes of the meeting of August 12, 2008 Page 4 of 8 to the west. Clark asked if that would be right--in/right-out only and Lutz said it would be a 3/4 movement. PUBLIC HEARING Sharon DeMeester, 415 Chestnut Drive — Ponderosa Estates distributed information regarding cottage housing in Seattle for the board's information. DeMeester said during the work session there was discussion about connectivity through. the Ponderosa park and she wanted there to know that area proposed for the connection is not a parr it is an 8-hole putting green. DeMeester said there is also major opposition to providing a connection between. Valley Ranch and Ponderosa Estates because their roads are all private and they do not want the additional traffic from Valley Ranch. In addition a major issue is the right-in/right-out on the north side of this property. She thinks the traffic will turn right onto Highway 33 then right into Ponderosa and then make a u-- turn and go back out onto the highway. She described the safety problems that currently exist at this intersection. DeMeester said her other concern is the apartment complex and density. She understands that developers need density to compensate for the cost of development and she suggested they consider the cottage -style developments which are very successful in. the Seattle area. She further described this type of development for the board. Bonnie Raeth, 261 white Pine Road stated she was one of the first residents of Ponderosa Estates and has been living there for over 25 years. Her concerns are the same as were stated by Mrs. DeMeester. She added the developers have really tried hard to work with the residents of Ponderosa but she said the plans for a connection between the 2 subdivisions at the parr location will not work because it is a putting green not a park. She asked the board to consider the sewer issue and the impacts on schools. MOTION Clark moved and Hinchey seconded a motion to adopt staff report :[SPUD--08-01 as findings of fact and recommend to the iialu�pC-ll Cl ty C o unci1 that- tlhe Valley Ranch. PUD be approved subject to the 26 conditions listed in the staff report. BOARD DISCUSSION Clark said the developer has addressed all of his concerns. They have put the large lots next to Ponderosa, the buffer was added in the area where he was worried the trees would be removed, and they have done everything possible to get along with their neighbors and address the board's concerns. Conrad noted that an email was received from Todd Thiesen and copies were distributed to the board before the meeting. Mr. Thiesen didn't have any major opposition to the project but he did suggest that the developer provide a Kalispell City Planning Board Minutes of the meeting of August 12, 2008 Page 5 of 8 transportation right-of-way that would connect with the Ponderosa Estates subdivision.. Mr. Thiesen also expressed his concerns regarding dust abatement control and Conrad noted the city's Public works Department is being more pro- active in requesting that developers provide a plan for dust abatement and Public works restricts the amount of property that can be disturbed to limit the impacts of dust on nearby properties. Schutt asked if the connectivity would serve this development of Ponderosa Estates and Conrad said it would be an alternative ingress/egress for the residents of Ponderosa to travel south to the signalized intersection of Rose Crossing and Highway 93 and to the Glacier Town Center. If and when the residents of Ponderosa feel that they need an alternative route they would have to construct the road. Schutt asked if there were any long term plans for the intersection of the Big Mountain Golf Club and Ponderosa and Conrad said none that he is aware of now but MDOT may choose to change the intersection in the future. Hinchey said he echoes what was said by Clark in that the developer has answered most of the concerns of the neighbors and the board. However, Hinchey continued he still has some concerns. He said regarding the density of the first phase, it contains 80% of the units for the project but is only planning for 2 0% of the p arks . He doesn't think the city will be getting the infrastructure that it needs to support this phase. Hinchey would like to see more parks and bike paths developed. Hinchey added he also shares the concerns expressed regarding the 160 apartment units and asked for some idea of what their design will be. He is also concerned that residents of Valley Ranch will use the right -out up to Ponderosa and make a u-turn. Hinchey noted Condition # 21 refers to the Department of Military Affairs and that the developer would work with them to Come up = Ltlh a s unable plan to buffer ��e uses between the DMA facility and the residential lots. Hinchey thought that sounded subjective and he would rather see that wording changed so the noise can be mitigated. Conrad responded the Parks Department is recommending that in addition to the 1-1 / 2 acre park the .8 of an acre park on the north end also will be developed along with the open space. Another thing to bear in mind, Conrad continued, is that they will not get preliminary plat approval until phase 1 of the Glacier Town Center is approved which will include the construction of Rose Crossing. Conrad explained further and added along with the construction of phase 1 of Glacier Town Center is a 17 -- 13 acre -Dark which will also be developed Kalispell City Planning Board Minutes of the meeting of August 12, 2008 Page 6 of 8 and that park would be available to the residents of Valley Ranch. Conrad continued whether the residents will turn right out of Valley Ranch and go up and turn around at the Ponderosa intersection is an issue for MDOT. other access points will be provided to the south that will be much safer than using the route to the north. Conrad referred Hinchey to the elevation drawings for the apartments that were provided in the packets and noted their designs should be similar. Conrad also added the designs will be reviewed by the Architectural Review Committee. Conrad said Condition #21 regarding the plan to mitigate noise from the Department of Military Affairs facility could be amended by the board. Hinchey asked, homer does the board guarantee that the residents of Valley Ranch adjacent to the DMA facility will know there will be noise generated on Saturdays when they are purchasing their lots? Hinchey proposed an amendment to condition #21 with the wording suggested by staff. Williamson noted in reference to Condition #21 all the developer has to do is contact DMA. It is an existing structure and everyone hopefully wi.11 know it is there. The motion was not seconded and no further discussion was held. Hinchey thanked Conrad for the clarifications but expressed his continued concern about the density of phase 1. Schutt said he believes this project is much improved since it was first presented. He is not personally concerned about the 7 year time limit because markets change and he believes there will be adequate time. The city council has granted extensions in the past and this project would be not different. ROLL CALL The motion passed on a roll call vote of 6 in favor and I opposed. OLD] BUSINESS: None. NEW BUSINESS: Coming in September there will be the regular meeting on. September 9th and a work Session on. September 23rd. In addition, in October the planning board meeting will be broadcasted live on the internet and there will be a dry run in. September. ADJOURNMENT The meeting adjourned at approximately 7:1 S p.m. WORK SESSION: Immediately following the regular meeting a work session Kalispell City Planning Board Minutes of the meeting of August 12, 2008 Page 7 of 8 was held on the following items: 1. Siderius Commons/Highway 93 South Growth Policy Amendment Due to the late hour the following work session items were not discussed: Entrance Corridor Standards 'Text Amendment Kalispell west Growth Policy Amendment NEXT MEETING The next regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for September 9, 2008, at the regular time of 7:00 p.m. in the Kalispell City Council Chambers located at 201 First Avenue East. A work session is scheduled for Tuesday, September 30, 2008 in the city council chambers. The work session agenda will include the Entrance Corridor Standards and the Kalispell West Growth Policy Amendment. Bryan H. Schutt President Michelle Anderson Recording Secretary APPROVED as submitted/corrected: /-/08 Kalispell City Planning Board Minutes of the meeting of August 12, 2008 Page 8of8 Tom• .Pbdlon WnrOrKj@lW s ll.cccn $ubjM1lnd Lcoy'Ra . h: SL r . . i _ 7- �b � I �� ' v i � 547 '•� f v i tip{ a a _ •r. •� L �.li�gust 11;.2008 -&i= _ TIC • I y I r h ub vil4dii Dear Plannino Stak �,r v � ��' •{��i "� �" h��i��.�i' �4�._— I.'�~{r'. �r' ''+i{ � ti �r �''� '� � y'v �.'r-� t� �� ,�ijr�' ��.�:. nJ`.�r'' � �j�:� w I :gin riot opposed 'bv � # major. . Of-.#t a I rn . p : l6vha h� 03 and =:� .modem f_ o4 h. a :� ; r TI' " �#' f . Th ' f(AjoW 1,1 III 11 I 1 �I n:red i A, nappmpriats, arrount, of grben spiamshouldbe W1A by the su Wiiln to compensW*:for tto �r UdOn ' lei POhd �ii �. � .sU.�� . �larr�i' bow �l r� rim I&W Rirdortm' : - rod :tight W-- ,art this ft ...H6vo ; n . The city- plaqning rd old -requ irk .the d el ow.� gi : a m � r : r " bid. ' wmAO . fioffi* ond�. abl , ft - r l r� Estate Homeomws In theevert'duA.-conau on dust 19 1h _. !(Indudl ng vdndojorm&)- 7US hips, been a. a=ms,NW:03.'Our Imo" :has been.:tW ire -dui , GOVS!dwo Fln6dbqU9W- .du .Ours . construction.. bave,had to doan the- hw90 on at JeW.tm oomWom: bemse of PAr4_ - .0 ot::I �h,r. r�ile Si�`r�il a,;:l vont to have#iq 'Thank .you tbr the opportunity to rornrnent. Cot'tage Housing Development March, 2000 The Housing Partnership 1301 Fifth Avenue Suite 2400 Seattle, Washington 981012603 425-453-5123 425-462-0776 fax mluis@seanet.com The ,Housing Partnershig is a non-profit organisation (officially known as the King County Housing Alliance) dedicated to increasing the supply of affordable housing in King County. This is achieved, in part, through policies of local government that foster increased housing development while preserving affordability and neighborhood character. The Partnership pursues these goals by: (a) building public awareness of housing affordability issues; (b) promoting design and regulatory solutions; and (c) acting as a convener of public, private and community leaders concerned about housing. The Partnership's officers for 2000 are: Rich Bennion, HomeStreet Bank, Chair; Paige Miller, Port of Seattle, Vice Chair; Gary Ackerman, Foster Pepper & Shefelman, Secretary; Tom Witte, Bank of America, Chair, Finance Committee; J. Tayloe Washburn, Foster Pepper & Shefelman, Chair, Land Use Committee. Introduction Although a significant number of Americans live in multi -family housing, research shows that single family housing is the overwhelming preference in this country. Surveys by Fannie Mae indicate that upwards of 85 percent of Americans would prefer to live in a detached house, and that they will make major sacrifices to do so. Why is it that while our cultural cousins in Europe happily live in large urban flats and townhouses, Americans feel deprived if they do not have their oven castle? While this question begins to get into scary psychological and sociological territory, dealing with frontier traditions and questions of personal space, we do know a few things. For instance, Housing Partnership research in 1998 showed that King County residents place a very high value on safety, quiet and privacy, three important features of single family, detached housing in low density neighborhoods. In the end, however, a preference expressed by 85 percent of people does not need to be defended. It demands to be accommodated. In Ding County we are doing a nice job of accommodating the housing needs of upper - income families with children. we are, however, falling short of meeting the needs of families that cannot afford to pay $300,000 for a house near their job, or who want a detached house but do not need 2500 square feet of space and a large yard. Part of the challenger g Part of the challenge of meeting the housing needs of our growing and thriving region is to offer housing types that address the values that drive of meeting the demand for detached, single family housing, but with smaller spaces and housing needs of our smaller price tags. growing and thriving Enter the cottage! region is to offer Cottage housing provides an option that preserves the privacy and personal housing Types that space of a detached house in a smaller and less costly unit. Cottages are address the values usually built in clusters and can introduce a sense of community. In the that drive demand for marketplace they offer an alternative to the two choices most often available: single family houses and condominiums. For those looking for a detached; single detached house, cottages provide a way to trade quantity of space for quality family housing, but ofspace. with smaller spaces mile quite a number of successful cottage developments, both_ old and new, and smaller price can be found in the Puget Sound area, this is still not a common style of housing development. But as communities by to fmd ways to meet their tags housing needs in the more dense patterns called for in the Growth Management Act, cottage housing offers an option that should be added to the mix. This short report is intended to be a primer on cottage development and to point the way for cities to develop approaches to cottage zoning that will interest developers and buyers in this attractive foram of housing. A follow-- up report will provide a case study of the Ravenna cottage project being undertaken by Threshold Housing. Cottages usually provide some means for neighbors to inevitably run into each other. One person described the Third Street Cottages in Langley as "co - housing without all the meetings. if Single family neighborhoods will be the optimum location for cottage clusters, both because of the economics of land cost and to achieve the-.:---..-.- promise of a single- family feel at multi- family prices. Definition There is no precise definition of cottage housing, and it is not clear when a house ceases to be a cottage and becomes a small -lot house, or simply a house. For purposes of this discussion, however, we will assume that cottages are built in clusters, close together, have some common area, and do not have parking adjacent to each cottage. Cottages usually provide some means for neighbors to inevitably run into each other. One person described the Third Street Cottages in Langley as "co -housing without all the meetings." The following discussion of design features should help round out a picture of cottage housing. Cottage Design Features Size. Among cottages in the area, the small end of the size range would be found in the Pine Street Cottages in Seattle, which have about 450 square feet on the main floor, plus a 100 square foot loft. This space allows. for living room, bedroom, kitchen and full bath. At the larger end of the size spectrum, the Ravenna cottages in Seattle will offer about 950 square feet of space in two stories. This allows for two bedrooms and one and a half baths. The Third Street Cottages in Langley, Washington, range from 600 to 650 square feet on the main floor, plus lofts ranging from 100 to 280 square feet. The cottage zoning ordinance in Seattle limits cottages to 975 square feet, with no more than one third of that space in either a basement or upper level. Although definitions are squishy, cottage proponents would generally put the upper size limit around 1000 square feet. Location. Both existing and new cottage clusters are located within single family areas. The older clusters, built in the early part of the century, predate the current zoning and have been grandfathered. The Third Street cottages in Langley were built under a special cottage zoning ordinance, and the Ravenna cottages in Seattle are being built under a special design demonstration project ordinance. Single fa nily nei crliborhnods i1A be the opthrnLim lncation fur cottage clusters, both because of the economics of land cost and to achieve the promise of a single-family feel at multi -family prices. one- or two-story cottages would not fit well into a multi -family zone where taller, bulkier structures would overwhelm them. The existing Seattle cottage zoning ordinance, which lunits cottage clusters to low-rise multi --family zones, has not resulted in any new cottage projects. Clustering. Cottages tend to be clustered together around some common open space, such as a courtyard or walkway. If the land is in condominium ownership (the easiest, but maybe not the most popular method) agreements will specify the areas that are subject to common maintenance and those that are the owners' responsibility. Cottage Horsing Development Page 2 Some utility features may also be clustered or in common. For instance, the Pine Street Cottages have a shared, off-street parking area. The Third Street Cottages have a shared workshop building and a separate building with To maximize the storage lockers. The Ravenna cottages have storage areas under one chances of a good cottage, taking advantage of a drop in grade. social atmosphere in A less tangible part of the clustering concept is the relationships that a cottage cluster, If is deveIop among the occupants. In clusters where the front doors face each other (Bungalow Court, Greenbush Court, Third Street, Ravenna) neighbors generally believed are bound to run into each other. The Pine Street Cottages have a that there should be landscaped courtyard that acts as everyone's back yard. To foster a sense of at least four cottages community beyond that which might emerge naturally from common spaces or owners associations, the developer may raise an implicit or explicit in a cluster, and no expectation to buyers that the cottage cluster is no place for hermits. more than twelve. . - To maximize the chances of a good social atmosphere in a cottage cluster, it clusters should not be is generally believed that there should be at least four cottages in a cluster, built too C%OSG and no more than twelve. Furthermore, to preserve both the original feel of together in the same the neighborhood as well as the special atmosphere of cottages, clusters be built too together in the should not close same area. area Land Use. The efficiency of land use is gained by clustering the cottages relatively closely together. The Pine Street cottages feature 10 units on about a third of an acre, clustered around a common courtyard. The Ravenna project clusters six cottages plus a garage with three carriage units on about a quarter acre. The Third Street Cottages in Langley provide a little more space, placing eight cottages and two common utility buildings on two-thirds of an acre. These densities range from 12 units/acre to 36 units/acre. The Seattle ordinance requires a minimum of 11600 square feet per cottage (i.e. no more than 26 units per acre), and 6,400 square feet for The surest way to the whole cluster (suggesting a minimum of four cottages). destroy public Softening impacts. In spite of higher densities, experience has shown that support for cottage cottage clusters can fit very nicely with their surroundings. Older clusters, deve% ment would p like Pine Street on Capitol Hill or the Bungalow Court on First Hill, mirror homes. Newer the craftsman architecture of the surrounding clusters also be to build cheap employ more traditional architectural styles. In all cases, careful attention to little boxes that add design detail and landscaping softens the impact of higher densities. density while Going one step further, a design goal should be that the cottage cluster degrading the actually improve the surrounding neighborhood, rather than having just a aesthetics of the neutral impact. Off-street parking, landscaping, interesting facades and other design features can result in a better streetscape than single-family neighborhood. , . , houses might yield. A cottage cluster can present less mass than single such development family houses that maximize the building envelope. The pedestrian orientation of cottages puts more people on the sidewalk; enhancing will inevitably erode neighborhood security. support for the The surest way to destroy public support for cottage development would be higher densities to build cheap little boxes that add density while degrading the aesthetics of necessary for long- the neighborhood. While very inexpensive cottages may provide affordability in the short nui, such development will inevitably erode term affordability. support for the higher densities necessary for long-term affordability. Cottage Housing Development Page 3 The Market for Cottages Although some question the market attractiveness of cottages and very small houses, those that have been on the market in the Puget Sound region have tended to sell very well and to hold their value. So although experience is The predominant limited, there is clearly a market for cottages. Following are some key buyers of cottages in market considerations. recent years have Singles. The predominant buyers of cottages in recent years have been been single people. , _ single people. These individuals have the option of buying a condominium or an older house, but opt for cottages because they offer the privacy of a The buyer profile single family house with the low maintenance requirements of new developed for the construction or a condominium. The buyer profile developed for the Ravenna cottages Ravenna cottages indicates that the majority of buyers will be women. indicates that the Couples and single parents. Cottages can work well for couples or single . M, majority of buyers will parents. To work for small children care would need to be taken to enclose open space. be women. Seniors. Cottages can work well for seniors, especially those wanting to stay in a detached house in their neighborhood, but unwilling or unable to care for their current house. The loft approach will present problems for residents less able to negotiate steep stairs. Space -quality trade-off. Implicit in the cottage concept is the trade-off between space and the qualify of construction. Some of the savings from Implicit in the cottage land cost and building size can be put into better finishes, interesting design CO/1Cept IS the trade- elements, appliance and fixture upgrades and landscaping. This is especially important for that segment of the market that could afford a full - off between space sized house, but chooses a smaller space. and the quality of construction..This . Economics of Cottage Housing is especially Developmentimportant for that segment of the Cottages, like any other form of housing, can come to market in a wide market that could range of prices, depending on what the potential buyers in that area might be &UAM afford a full-sized willing to pay. house,butchooses At the low end, for example, a cluster of eight cottages on a third of an acre a smaller space. in an outlying area with modest amenities could come in at around $130,000 cottage. At the higher a a half in a per end, cluster of six cottages on acre, desirable close in neighborhood, with high grade finishes and amenities, might come in at $3001,000. The developer, in deciding what price range to aim for, loops at the alternatives available to the prospective buyer. As noted above, cottages occupy a place in the market between small, older houses and condominiums. So, for a $130,000 cottage to compete with an older rambler at $160,000 at needs to emphasize the love maintenance advantages of new construction. At the other end, the cottage in a desirable area can Cottage Housing Development Wage 4 easily compete with condominiums that easily top $300,000 by offering that crucial space between neighbors. The big economic From a policy perspective, then, cottages can be part of an affordability edge for cottages is strategy- A $200,000 cottage in North Seattle may be beyond the range of low land cosh middle wage earners, but is still less expensive than most existing houses per and certainly less than other new construction houses in the area. Ul1lt, and this cannot Furthermore, cottages can take pressure off the single family market by be achieved on most providing an alternative to those who like the privacy of single family houses but need less space. multi -family zoned land which is much All of these assumptions about unit pricing are based on land prices that predominate in single family zones. The big economic edge for cottages is 10 more expensive low land cost per unit, and this cannot be achieved on most multi -family zoned land which is much more expensive. In a cottage project built in a single family zone, land cost will be 15 to 20 percent of total sales, in contrast to the 25 to 30 percent of sales that is customary in single family development. Development Standards To ensure that cottage projects fit well into existing single family neighborhoods, careful thought needs to be given to specific development standards. These standards must achieve a balance so that they protect [Development] neighborhood character and at the same time provide incentives for cottage standards must development. achieve a balance Three cottage zoning ordinances exist in the region. The Seattle ordinance so that they protect was adopted in 1994, but restricted cottages to the lowest density multi- neighborhood family zones. The city of Langley, on Whidbey Island, adopted a cottage ordinance using the Seattle model, but allowing cottages in single family character and at the zones. The City of Shoreline adopted a cottage zoning ordinance modeled same time provide after Langley. The issues that follow will reference the Seattle ordinance, but that should not suggest that it's standards are the only approach. incentives for ef COt%ag2 Lot coverage. The Seattle ordinance limits overall lot coverage for a cottage cluster to 35 percent (for low-rise duplexJtriplex zones) or 40 percent development. (lowrise 1 zones). In addition, individual cottages are not to exceed 650 square feet of lot coverage. Setbacks. The Seattle ordinance requires a 10 foot setback in the front and rear yards, and allows the centerline of an alley to count as the reference port for the rear yard. The Seattle ordinance requires a f ve foot side yard setback. The space between cottages must be at least six feet. The side with the main entrance door must be 10 feet from the next cottage. - Height and Sulk. In Seattle, concern was raised about the prospect of "skinny houses," that might overwhelm their neighbors. To guard against this prospect, first, a requirement was written that restricts a second floor to no more than half the square footage of the first floor. Second, height restrictions were written that effectively limit cottages to one and a half stories (i.e., parts of the second story do not have a full eight -foot height). Cottage Housing Development 'age 5 Open Space. The Seattle ordinance requires at least 400 square feet of usable open space in duplex/triplex zones, and 300 square feet in lowrise I zones. In both cases, this space is evenly divided between private space adjacent to the unit, and space available to everyone in the cluster. In all of these spaces, the horizontal dimensions must be at least 10 feet, but this requirement is not met in existing or planned cottage developments. Parking. As with so many development issues, parking is central to the acceptability of cottages. The Seattle ordinance requires one parking space per cottage, and does not allow those spaces to be built between cottages. Although the Pine Street Cottages predate this requirement, they do provide one off street space per cottage in a secured lot behind the courtyard. The Ravenna Cottage project includes a nine -car garage structure with three carriage units on top (i.e. one space per cottage and per carriage unit). Neither the existing Bungalow Court nor the Greenbush Court in Seattle provide off-street parking. The Third Street Cottages in Langley provide one space per unit with a couple of guest spaces available. Dispersion. To help allay fears about a rapid increase in densities in Seattle, and to protect the uniqueness of the cottage concept, the original cottage zoning proposal contained a dispersion requirement. (At this point in the legislative process the ordinance had still allowed cottage clusters in single family zones.) Under the dispersion requirement, no cottage cluster could be built within one block of another. Conclusion Nearly all housing beingbuilt todayIf we are to achieve our goals of more compact urbandevelopment, we need to expand the range of housing types available to consumers. Nearly all consists of either housing being built today consists of either single family houses on full lots, single family houses or multi -family units in large buildings. Cottage housing offers a middle be ground that will attractive to some segments of the market. on full lots., or multi - family units in large Design and economic considerations suggest that cottages will work best if allowed in single family zones. Experience shows that cottages can fit buildings. Cottage nicely into existing neighborhoods, but experience also shows that density housina offers a increases are always a tough sell. As with so many questions of density, the �- middle ground that policy challenge is to find ways to ensure that cottage development in single family areas follows good design principles. Cottage housing is a wonderful will be attractive to idea that could be killed off with just a few bad experiences. some segments of If we begin now, builders, consumers, local governments and neighbors will the market soon figure out how to add cottages to the box of tools we need to achieve our growth visions. Cottage Housing Development Page 6 Short picker fenc-es bordering the curved pathway through Port Townsend's Umatilla Hill pocket neighborhood distinguish shared space from private yards. A variety of ages and family types, from singles to empty nesters, enjoy the compact, open style encouraged by pocket neighborhoods. V g 0.1-1 '7 Just outside Seattle, architect Ross Chap *in's designs for cottage "pocket neighborhoods" show how crafting close-knit homes can create a sense of community and distinction in a sea of grandiose and vanilla. "I have a certain amount of save -the - world complex,- he says, and his method is to design and build small houses-65o to 1,60o square feet or so. In 1995, Jim Soules, developer and founder of The Cottage Company, approached Ross about upping the ante from crafting homes to creating community. Together, they and other investors bought four 720o-square- foot lots in a small town on the Puget Sound where a visionary zoning code was already in place. It allowed for double the density of housing units if the homes were limited to 975 square feet each, shared a common courtyard, and kept parking areas to the side. It was here that they devised their first pocket neighborhood: the Third Street Cottages. Jim describes pocket neighborhoods as "a group of homes that face and relate to one > BREW GEIGER WRITER LISA SELIN DAVIS Cottage Living 4/2008 17 PRIDE O6 PLACE _ s � - - - a i N F �.: r rj 'fir - - _ . _ - '•'a*': ;..A -_ ter--• M1 1 w' `y s �Y �a •i% irr air MINI _4 A,. 04 1TV - r.. •� ^ h,~ _ ^' �1 Z •�.r.Y' Yet,^. 1 ' • ^c. �• S �'.E•�•ta L•�='ri.� •may_ _ - V f '_'� �' �^-".�7 -WTI ` I s,� ` _• •�•y. +"� ` _ i I •� ... � .icy ' �-l.::�i `1 •�.% � •A �1 S�� - 1 [ r aw' K,• � _, Iy� + �'r,' �,Yr`—s'y..:..� • ��L7"`• — .-a'•'r' t-.i.� ��"r='r _ , r i ti' • ^— ram' �'� • ; • - � '.� g r. f n area--- styles, from Victorian cottages to Craftsman another around a landscaped common � "" bungalows, with front porches, built-in shelves, the old bungalow court approach. g maximiz.n the minimal space. The Third Street Cottages eight homes, all and loft areas. g T ntimatel The cottages are lovingly rendered in. soft olives ,etwPPr� ?�o and goo square feet, •y . , . .,na �mv-pt-vvellows. common and blues, warrr� ��rrd-co ��"`~• �A � hover around a lushly landscaped vi4itin flail to adjust - �(around the corner from Ross'own Residents remember Roa. g Y lcourtyard .- �r�i�-��-s the pre, b.e�ght of a table or tweak the colors 1,�50-square-foot house). Despite warnings P „ « t� serious to et what he calls "the sweet spot. when it's from a few skeptics —"you're making a g 's a resonazice," Ross says. "Zt's retained landscaping mistake," Ross recalls real estate agents dust right, there financial m r from the or out imxnediatel , whatoldilocks was searching for." saying —all eight cottages sold Y orchard on the site dramatically in the So successful were tite Third Street Cottages of them have and their value has increased dram y Some that Ross andirset out --both together and Dutch front doors to years since• eo le separately —to a-e -create this model in other (above), enhancing "When you design around the way p pet _`10LI d where a new zoning and e size,"' he says. arts cif the Puget . both the private a really live, the houses are a sensible , y p features of living room o� icy re5trz�:ted development to wilderness communal "We don't need a great room and a l� g p neighborhoods. is are�ti. The pocket neighborhood model served the g or a breakfast room and a dining room. H b increasing density > r varietyof housing types and to fulfill housing needs y g homes evoke a g I8 Cottage Living 4/2008 in an aesthetically pleasing, neighborhood - appropriate way. Soon new projects began: Conover Commons in Redmond, Washington; Grreenwood Avenue Cottages in Shoreline, Washington; Danielson Grove in Kirkland, -Washington; Umatilla (pronounced "you- matilla") Hill in Port Townsend, Washington; and Salish Pond in Gresham, Oregon. More are on the 'way. AArhat makes them so popular is not just the cute factor —yes, they 3re adorable --but also their effects: Smaller homes mean people spend more time outside; smaller yards mean they use the communal lawn. Detached parking forces people to pass one another on the path, as do detached mailboxes. Smaller houses and yards also require less maintenances freeing up money and time for other things, such as kayaking or reading a book. Plus, having less space to fill means you surround yourself only with things you use or really love. The No. 1 rule of living in a small house, declares Third Street resident Mira Jean Steinbrecher, is "Something goes in, something comes out." While the design keeps utilities and other expenses down, it also inspires friendly reemq;�i among the owners. "I'm worl6ng on the social dimension of architecture even as I'm working on the physical dimension," says Ross. In spite of their close proximity to one another, resi- dents report feeling safe, not exposed. Private spaces, such as bedrooms and baths, turn away from the commons; public areas, such as living rooms and kitchens, face there. Ross emphasizes shifts between public and private: A low fence, a narrow pathway, a border of perennials, a step, an eave, all distinguish one kind of territory from the next. "It's not a physical barrier; it's a > :fit iu?�iEi f Pocket neighborhoods foster friendships among neighbors. They provide safe places for children to play, with shirttail aunts F and uncles just beyond their front gate. I Homes look out onto a park (not parking). Their placement contributes to the liveliness and walkability of the neighborhood. 20 0ottage Living 4/2008 transition," explains Ross. "The security we're yr+....-...4-4. er 4-r� n.-�aeAyru it-%^0p14 IIV%r -M t,-4rx14-,r% �` r .tLLt_111FL11.L6' LU CLl lltl YL 10 LJCILO%-%t lLLl VtI AAL A�AACJVII Y relationships, knowing and carting about the people around vou." .know and care, they do. Even the animals get along —the three cats and five dogs living in Umatilla Hill frolic in harmony— and, of course, you don't need a ferocious guard dog. "You have heart in here; you can feel it," says Bob Igoe, who moved from a larger, 3,600-square-foot house in Chicago to a Umatilla Hill cottage. "You have a feeling that you belong from the start." At Third Street, they watch one another's pets and celebrate an annual illumination party where they line their homes with Christmas lights and flick them on at the same moment. Not that living in a pocket neighborhood is such as the one above right of Danielson Grove becomes an eyte.nsion of the house, in this case for after --school downtime. The pocket neighborhoods' design also allows the arc_:hitect Lo be flexible w€thl ding lakc..,.-.'. lnL bu€lam€i �y ja�ai..�� i E�� }�, which helps preserve stands of mature trees. always pure joy: Residents report scuffles over some of the shared chores and different needs --- weekenders versus full-timers and people on fixed incomes versus those with disposable income. But that's part of community, too. "Diversity doesn't mean eternal bliss, but it adds liveliness," says Ross. "Neighborhood is not just an assembly of houses --it's when people care about their surroundings and they're engaging with one another. The physical space is the backdrop for our lives." 22 Cottage Living 4/2008 Valley Ranch. Kafispell,MT Traffic Impact Study Prepared for: Gateway Properties, Inc. Brent Card 5229 Highway 93 S Whitefish, MT 59937 February 2008 WGM- Project ## 060830 Submitted by: 3021 Palmer Street P.O. Box 18027 Missoula, MIT 59808-6027 Valley Ranch Traffic Impact Study Page I Introduction Gateway Properties, Inc. proposes to construct a mixed -use development, Valley Ranch, on the east side of US Highway 93 (US 93) near the north end of Kalispell, Montana (Figure 1). The proposed development will consist of single family homes,_ townhomes, apartments, an assisted living center, and independent Irving units. Completion of the development is anticipated for the year 2012. The property on which the proposed subdivision will be built is approximately 80 acres in size and is undeveloped. Surrounding properties in the vicinity of the site include a mix of residential and commercial land uses. This traffic study was prepared using standard traffic engineering techniques to evaluate the operational characteristics of the proposed site driveways. A traffic capacity and level -of -service analysis is presented herein. Glacier Town Center, a large mixed -use commercial/residential development, was recently approved for the property immediately south of the proposed Valley Ranch development. When Glacier Town Center develops, Rose Crossing (a county road) will be extended west from its current terminus at Whitefish Stage Road to a new intersection with US 93. The future US -93/Rose Crossing intersection will be traffic signal controlled. Direct vehicle access from Valley Ranch to US 93 is planned via two -movement driveways (Figure 2). Roadways within Valley Ranch will be extended south through the Glacier Town Center development, connecting Valley Ranch with Rose Crossing. This will result in signalized left -turn egress from valley Ranch to southbound US 93 via Rose Crossing. The extension of Rose Crossing from Whitefish Stage Road to US 93 is anticipated for completion no later than 2009. Valley Ranch Traffic Impact Study Page 2 Figure 1: Project Vicinity Map �Iach La Church Cr--- m ZorAnz 'A' h 1 t a hs h - Trzi 1 :6 a A 4-9 93 LO Clark Or--;` W2 co Site Area Rose'Crosranw—i M7 m. . 7 Rbse Crossing 2iml m I (A 11 G"I Arbmr.Df W Rmcrm D� 414- Reserve D 2 PR"serve-Dr - �Q L J 7�r MJ'e 0 71 7$Z !-v t I 0 3 We 1i ILE Vi :I -7-71 3-1 w 1all= Valley Ranch Traffic Impact Study Page 3 Figure 2: Site Plan PONDEROSA SUBDIVISION 80 ,�pY: L[kf• r,�,Y.� fir"^. j �A,•iFa �� .11- ;K1 C�� fr •. 82 flTlt! ,F �].T�SF ry :• :at`: i� MAM Sw t83 :! Park '• ' A ,� �` 76 .� TT 78 8.0 Acres ��'• H1fIiF ,I lf7�l flr �E `rrS .•i = I r.. fg !F 85 j '► 75 7 74 73 7 yY;s lffM� ttflrR iF fr7llli>f [t 7l.►6Tlr- �� -i "au - 71 > >t NO 9 70 65= fifi fiT 68,1t'. VA _ n. ._;:_„ ttirafs• flse ts1fl•�t st�s1 g •• t•.i11 w � •� __ � � �YI'LY . 60 59 :i lFI37 �{ ,I""'"t7i,�Za:419irtEitT 1$C ow 58 Park Qi[�� 4 ,ice Z ACM _. _. .,��.� t..._ ..i _.. .. ......._� :.• .__ :.; _eYL�"tz•.:_.��•.•.` �\ tf�'�fif,([� '7,'ii#1fiFq 137I.ff4lli r - .. Valley Ranch Traffic Impact Study 'age 4 Existing Traffic Volume To identify existing traffic volumes within the study area, AM and PM peak -period, manual traffic counts were conducted on Wednesday and Thursday, September 20 and 21, 2006. The AM peak -period counts were conducted between 7:00 and 9:00 AM and the PM peak -period counts were conducted between 4:00 and 6:00 PM. The count data (in Appendix A) was then analyzed to determine the existing peak -hour traffic volumes at the study intersections. Figure 3 shows the 2006 existing peak -hour traffic volumes on US 93 derived from the traffic counts and used for this report. galley Ranch Traffic Impact Study Page 5 Figure 3: 2006 Existing Peak Hour Traffic Volume US Highway 93 Q CO .� CO Irl- cc r L7 CO CO cc 11► Q CO C� cc Glacier Town Center Access F North Legend AM Peak Traffic (PM Peak Traffic) Rose Crossing Malley Ranch Tra�r`c Impact Study Page 6 Adjacent Development The Glacier Town Center will be constructed on the property south of Valley Ranch. This development has been approved by the City of Kalispell and is anticipated to - begin construction this year. Glacier Town Center is a very large, multi -phased project including retail, residential, and office spaces. A traffic impact study (TIS) was prepared for Glacier Town Center by Krager and Associates, Inc. (July 2007)in which site -generated traffic was distributed for both Phase 1 and total development buildout scenarios. For the purposes of this study, it is assumed that the Glacier Town Center Phase 1 traffic generation and street improvements are in place prior to the analysis year. The Prase 1 build traffic volumes developed in the Glacier Town Center TIS for the Rose Grossing intersections were used as the no -build traffic volumes for this analysis. The Glacier Town Center Phase 1 generated traffic was also added to CAS 93 at the Valley Ranch proposed access locations. Malley Ranch Traffic Impact Study Page 7 2012 No -Build Traffic Volumes The 2006 existing traffic volumes on US 93 were projected to the study year 2012 using a four -percent -per --year peak -hour -traffic growth rate. This annual growth rate was calculated based on data from the MDT publication, Traffic By Sections, for US 03 between Grandview Drive and Reserve Drive. (The subject site is actually located in the next highway segment to the north, but that segment is almost ten miles long and extends up to whitefish. The selected segment is short and located just three- quarter miles south of the site and therefore seems to better represent traffic growth at the site.) The Glacier Town Center Phase 1 traffic was combined with the projected 2012 traffic volumes on US 03 north of Rose Crossing, resulting in the 2012 no -build traffic volumes at Driveways 1 and 2 shown in Figure 4. The Phase 1 build traffic volumes developed in the Glacier Town Center TlS at the Rose Crossing intersections with US 03 and Access F are assumed as the no -build condition for this analysis of Valley Ranch, and are shown in Figure 4. These volumes represent the baseline traffic condition projected to exist in 2012 without development of Valley Ranch. Valley Ranch Traffic Impact Study Page a Figure 4: 2012 No -Build Traffic Voiume US Highway 93 CO CO CO CO Site Driveway 1 . t to N CO CO o to to c .. . Site Driveway 2 cm Site Driveway 3 N� too ''�._ 30(116) Lop. f�wm 90(269) .. 71(102) 1 7(60) + -t+ J* 63(1 o) 1 1 . r o2(' 48) LO N- m- N Glacier Town Center Access F North Legend AM Peak Traffic (PM Peak Traffic) Rose Crossing Malley Ranch Traffic Impact Sturdy rage 9 Site -Generated Traffic The proposed Valley Ranch subdivision will consist of approximately 85 single family harries, 33 townhornes, 180 apartments, an 80-bed assisted living center, and a 24-- unit independent living facility. information contained in the Institute of Transportation Engineers (ITE) publication Trip Generation (7th Edition) was used to estimate the number of trips that will be generated by the proposed development. Table I shows the results of the trip -generation calculations. Table 1: valley Ranch Estimated Site -Generated Trips Land Use Size iTE Land Use code Weekday Average Daily Traffic AM Peak Hour PM Peak Hour Enter Exit Enter Exit Single Family Home 85 lots 210 895 17 52 59 34 Townhouse 33 units 230 250 4 17 16 8 Apartment 1 unitt 60 s 220 1,075 16 88 69 37 Assisted Living center 80 beds 254 213 7 4 8 10 Independent Livin Facility 24 units 252 84 1 1 2 1 TOTAL 21517 45 140 154 90 Assi"C'tnment of Site -Generated Trips Existing traffic patterns at the intersection of US 93 and Ponderosa Lane were studied to identify commuter travel patterns in this area. Eased on the established patterns at this intersection, it is estimated that approximately 20% of site -generated peak -hour trips will be destined tolfrom US 93 north of the site, and approximately 80% will be destined to/from areas south of the site. with the planned extension of Rose Crossing, alternate routes between Valley Ranch and Kalispell' will become available including whitefish Stage Road and US HighWay 2. It is anticipated that 20% of site traffic will use these routes to/from the south, with the remaining 60% of southbound traffic using US 93. The arrival/departure distribution pattern developed for this analysis is illustrated in Figure 5. The site -generated trips from Table I were distributed to the roadway network in accordance with the assumed trip distribution patterns. This resulted in the AM and PM peak -hour, site -generated trips shown in Figure 6. Malley Ranch Traffic Impact Slurry Page 10 Figure 5: Site Traffic Arrival/Departure Pattern LDS Highway 93 20 o/ 4°i 60% Glacier Town Center Access F North Legend Arrival Pattern Departure Pattern Rose Crossing vatfey Ranch Traffic Impact Study Page 7 I Figure 6: Valley Ranch Site -Generated Traffic US Highway 93 �U-j C� � 2 1 4 t r"10. 000"N W_W% IWIZrCO %%-.o V� to LO -. Site it 4.�. (5(4) ,...� Site Driveway 2 �r COLO Site Driveway 3 l opal,% MO CO CO s(31) CO N 1 � 84(54) tf* 01"WW". Ooam�. NLO N Glacier Town Center Access F North L_ eg_end AM Peak Traffic (PM Peak Traffic) Rose Crossing Valley Ranch Traffic impact Study 'age 12 2012 Build Traffic Volumes The site -generated traffic was combined with the 2012 no -build traffic volumes resulting in the projected 2012 build traffic volumes shown in Figure 7. These are the traffic volumes projected to exist on the site driveways in 2012 when Valley Ranch is complete and fury occupied. Valley Ranch Traffic Impact Study Page 13 Figure 7: 2012 Build Traffic Volume US Highway 93 Q - �LO CN COr.-. 2 14 loom Site Driveway r�--00 N �-�- �LO oo -- CO L a r_ (D 47 UD CO N 6(4} .... -. , Site Driveway 2 CV !n CO 0 N w �-COSite U') ( Driveway 3 N r--� w ~ LO +.30(116) I L010. f� 74(313) Q CO N N .�. t- � r- rvortn Legend, AM Peak Traffic (PM Peak Traffic) et CO Ln v .�.. 71(102) i f'0'17(50) 5(1 8)..' 11 t [* 63(118 ) 52048) cri �- Glacier Town Center Access F Rose Crossing Valley Ranch Traffic Impact Study, Page 14 Capacity Anal* sis Capacity analysis of the study intersections was conducted using the projected 2012 no --build and build traffic volumes developed in this report. This analysis was performed in accordance with the procedures presented in the Highway Capacity Manual, 2000 Edition, published by the Transportation Research Board. The analyses worksheets are contained in Appendix B. The analysis procedures result in traffic Level of Service (LOS) rankings from A to F, with A representing essentially free -flow conditions and F representing undesirable levels of driver'delay. See Appendix c for a description of the various LOS categories. Valley Ranch Traffic Impact Sturdy Wage 15 intersection of US 93 and Site Driveway I Existing.-Conairions This intersection does not currently exist. US 93 is a north/south arterial highway that consists of two lanes in each direction plus a center two -way -left - turn lane= ' S ite Driveway I is anticipated as a three-quarter movement intersection (left -turns exiting the driveway are prohibited, but all other movements permitted) with stop -sign control on the driveway approach. CaRaci!y Analysis A capacity analysis was conducted for this intersection using the 2012 build traffic volumes developed in this report and the above -described intersection configuration. The results of this analysis are summarized in Table 2. Table 2: US 93 and Site Driveway I Level of Service. Summary AM Peak PM Peak Hour Hour Build Build Intersection Approach Delay LDS Delay LDS Southbound 9.2 A 12.9 B Leff Westbound 10.9 B 14.9 B Right Delay is measured in seconds per vehicle. This proposed intersection is projected to operate at an acceptable L.OS during all hours. No intersection improvements are required. IVIafley Ranch Traffic Impact Study Page 16 intersection of US 93 and Site Driveway 2 Existing Conditions This intersection does not currently exist. US 93 is a north/south arterial highway that consists of two lanes On each direction plus a center two-gray--left- turn lane. Site Driveway 2 is anticipated as a three --quarter movement intersection [left -turns exiting the driveway are prohibited, but all other movements permitted] with stop -sign control on the driveway approach. Capacity Analys is A capacity analysis was conducted for this intersection using the 2012 build traffic volumes developed in this report and the above -described intersection configuration. The results of this analysis are summarized in Table 3. Table 3: US 93 and Site Driveway 2 Levu of Service Summary AM Peak PM Peak Hour Hour 2012 2012 Build Build Intersection Approach Delay LOS Delay Los Southbound- 9.2 A 12.91 B Left Westhound 0.8 B �.o+ C Left/Right 1 , I Delay is measured In seconds per vehicle. This proposed intersection is projected to operate at an acceptable LOS during all hours. No intersection improvements are required. Valley Ranch Traffic fmpact Study Page 17 Intersection of Rose Crossing and Site Driveway 3/Glacier Town Center Access F Existing Colditions This intersection does not currently exist, but will be constructed, soon as part of the Glacier Town Center project. Glacier Town Center will construct Rose Grossing with one through lane in each direction, plus a westbound left -turn lane for traffic entering Access F. The Access F approach will consist of one entering lane and two exiting lanes. It is suggested, if the necessary distance between this intersection and the improvements planned at US 93 is available, that a separate eastbound left --turn lane also be constructed at this intersection, opposite the planned westbound lane, to accommodate traffic entering Site Driveway 3. The developer of Valley Ranch should coordinate this effort with Glacier Town Center. The southbound Driveway 3 approach will also ultimately serve a substantial number of residential units within Glacier Town Center (to be constructed in future phases of that development); therefore, consideration should be given to providing two exiting lanes on the southbound approach to Rose Crossing. Capacity Analss A capacity analysis was conducted for this intersection using the 2012 no -build and build traffic volumes developed in this report and the above -described intersection configuration. The results of this analysis are summarized in Table 4. Table 4: Rose Crossing and Site Driveway 3/Access F Level of Service Summary Peak AM Hour Peak PM Hour 2012 No -build 2012 Build 2012 No. -build 2012 Build Intersection Approach Delay LOS Delay LOS Delay LOS Delay LOS Eastbound Left nla nia 7.4 A n/a da 7.5 A Westbound Left 7.5 A 7.5 A 7.9 A 7.9 A Northbound Left 9.9 A 11.3 B .. ........ 14.3 B 19.5 C Northbound Th/Rt 8.8 A 8.8 A 9.6 A 9.6 A southbound Left n/a n/a 10.3 B n/a n/a 14.0 B LS Th/Rt n/a n/a 9.0 A n/a n/a 9.2 A Delay is measured in seconds per vehicle. This intersection is projected to operate at an acceptable LOS during all hours. Valley Ranch Traffic Impact Study Page 18 Intersection of Rose Crossing and US 93 Existin-a Conditions This intersection does not currently exist, but will be constructed soon as part of the Glacier Town Center project. The westbound Rose Crossing approach will be constructed with one left -turn lane and one right --turn lane. The northbound approach will have two through lanes and a separate right -turn lane. The southbound approach will have one left -turn lane and two through lanes. The intersection will be controlled by a traffic signal operating with three vehicle phases. Capacity Analysis A capacity analysis was conducted for this intersection using the 2012 no -build and build traffic volumes developed in this report and the above -described intersection configuration. The results of this analysis are summarized in Table 5. Table 5: Rose Crossing and US 93 Level of Service Summary Peak AM Hour - Peak PM Hour 2012 No -build 2012 Budd 2812 No -build 2012 Build Intersection Approach Delay Los Delay LOS Delay Los Delay LDS Westbound Left 34.4 C 36.8 D 34.3 C 37.0 D �Ilestbound Right 29.3 C 26.3 C 18.7 B '18.7 B Northbound Through 18.6 B 18.8 B 31.5 C 34.1 C Northbound Right 16.1 B 16.1 B 21.9 C 22.4 C Southbound Left 48.6 D 48.6 D f 55.5 E 55.5 E Southbound Through 9.2 L�A 9.2 1 A 13.1 B 13.1 B Delay is measured in seconds per vehicle. The traffic generated by the proposed Valley Ranch Subdivision will have no appreciable effect on vehicle delay at this intersection. No intersection improvements are required. Va11ey Ranch Traffic Impact Study Page 19 Crash Analysis Traffic crash data for US 93 was obtained from MDT for the five-year period between January 1, 2001 and December 31, 2005. Crash data for one -quarter mile in both directions from the proposed site were reviewed for this report. Five traffic incidents occurred within this area during the identified five-year time period. Of the five incidents, one resulted from loss of control in icy conditions, one involved. a collision with a gild animal, one resulted from an improper right --turn (apparently from the wrong lane), one was a rear -end accident resulting from following too closely, and one resulted in cargo from one vehicle causing damage to a second vehicle. lone of these accidents occurred as a result of correctable deficiencies in the highway. The proposed driveway locations for the Malley Punch subdivision are located at points on US 93 with excellent intersection sight distance in both directions and a center two-way left -turn lane, both of which should help to minimize the risk to traffic crashes at these locations. Valley Punch Traffic Impact Study Wage 20 Report Summary, Conclusions, and Recommendations The discussion and analyses contained in this report can be summarized as follows: ■ Gateway Properties, Inc. proposes to construct a nixed -use residential development on the east side of US 93 near the north end of Kalispell. The proposed development will consist of single family horses, townhomes, apartments, an assisted living center, and independent living units. • An adjacent development, Glacier Town Center, will be constructed on the property immediately south of this site. As part of the construction of Glacier Town center, Rose Crossing will be extended west from its current terminus at Whitefish Stage Road to a new signalized intersection with US 93. This roadway construction will be complete no later than 2009. Access to the proposed Valley Ranch development will include two driveways onto US 93, as well as one driveway onto the new segment of Rose Crossing. Left -turn egress from Driveways 1 and 2 onto US 93 is not recommended, resulting in all southbound exiting traffic using Rose Crossing. The road connection between Malley Ranch and Rose Crossing will be constructed as part of the initial stage of Valley Ranch, even though the portion of Glacier Town Center through which it will pass will not be developed until a later phase of that project. ■ if space permits between Driveway 3 and the improvements planned at the intersection of Rose Crossing and US 93, a left -turn lane on Rose Crossing for eastbound turns into Driveway 3 should be considered. This should be coordinated with the developer of Glacier Town Center and their roadway design engineer: • All of the proposed driveway intersections are projected to operate at very good LOS under the forecasted 2012 build traffic volumes. It i he 'aley Rar ~tc h site-gei `ICr aed traffic •►mill have no appreciable effect on vehicle delay at the intersection of Rose Crossing, and US 93, contributing less than three seconds of delay on each movement. ■ No identifiable traffic crash patterns on US 93 are noted in the vicinity of the proposed site driveways. Sight distance is very good in both directions at the proposed US 93 site driveways. The Valley. Ranch development will have. no negative affect on traffic at the study intersections. No intersection mitigation is required with the possible exception of a left -turn lane eastbound on Rose Crossing at Driveway 3. Park `i 77 8. 0 Acres 9 " 8#5 . A# C 73 r■ PFoposed Planned Unit Development �►. Supportive Documents and Graphics , Kalispell, Montana ��1 r � R �('.y1� uric ] 91 - FPS 56 i 53 54 45 i l Park .- *.. r��� e 41 'ter_ CIS. o_�I Owners: Gateway Properties Inc. Consultants: Land Planning & Landscape Architecture: Sitescape Associates Civil Engineering: Carver Engineering Surveyor: Sam Cordi, Surveyor Geo-Technical: CMG Engineering Inc. Date: June 2, 2008 *16 Silverbrook'�' " sar �g BMlh=—j 4`4 �. •.Rh.4 60 - ,.-- If Course a �s Glacier Town Q&Pter f I Table of Contents: 1- PUD Application 2- Legal Description 3- Property Boundary and Topography 4- Surrounding Development Map 5- Composite Site Analysis Map 6- Soils Classification Map 7- Existing Growth Policy and Zoning Maps 8- Master PUD Plan 9- PUD Phasing Plan 10- Schematic Landscape Plan 11- Single -Family Lots Exhibit 12- Townhome Exhibit 13- Assisted and Independent Living Area Exhibit 14- Condo or Apartment Area Exhibit 15- Preliminary Civil Engineering C1 16- Preliminary Civil Engineering C2 17- Design Standards Document 18- Covenants, Conditions and Restrictions Document Under Separate Cover A- Traffic Impact Study B- Preliminary Geo-technical Investigation C- Certified Adjacent Landowners List Introduction: The following pages include the PUD application and both supportive graphic and textual material for the proposed Valley Ranch Planned Unit Development. Vicinity Map pL uM,:x Deve2O(�s.�.x City of Kalispell E. Please provide the following information in a narrative format with supporting drawings or other format as needed: Planning Department a. An overall description of the goals and objectives for the development of the project. 17 - 2«a Street East, Suite 211, Kalispell, Montana 59901 The proposed Valley Ranch development is situated on 80.68 acres of land south of Telephone: (406) 751-1850 the existing Ponderosa residential subdivision, east of the Big Mountain Golf Club, Fax: (406) 751-1858 north of Bucky Wolford's proposed Glacier Town Center, and northeast of the Montana National Guard facilities. The proposed Planned Unit Development calls for APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) 85 residential lots, 33 townhouse lots and a future assisted and independent living facility with up to 104 units and an apartment -condo area that can accommodate PROJECT NAME Valley Ranch Planned Unit Development 160 units. The perimeter of the development adjacent to the Ponderosa development is proposed with lots that average 1/3 acre in size and larger. This 1. NAME OF APPLICANT: Gateway Properties Inc. (attn.: Brent Card) complies with a request by the Ponderosa Homeowner's Board of Directors. Lots on the internal areas of Valley Ranch range from 8,146 square feet to 38,233 square 2. MAIL ADDRESS: P.O. Box 8776 feet some of which are alley access/loaded. The 33 townhouse lots range in size 3. CITY/STATE/ZIP: Kalispell, MT 59904 PHONE: Brent Card 249-7317 from 3392 to 7421 square feet. The proposed 21.22 acre open space area will be governed by the homeowner's NAME AND ADDRESS OF OWNER IF DIFFERENT THAN APPLICANT: association with portions of the large open space/park areas offered to the City of Kalispell for public park space. The area comprises 26% of the gross area and 32 4. NAME: of the net area of the PUD. 5. MAIL ADDRESS: b. In cases where the development will be executed in increments, a schedule 6. CITY/STATE/ZIP: PHONE: showing the time within phase will be completed. 7. TECHNICAL ASSISTANCE: A phasing plan is attached with the PUD Plan and relies initially on a connection S. MAIL ADDRESS: with Rose Crossing via a route south through Glacier Town Center. Phase One will 9. CITY/STATE/ZIP: PHONE:. include single-family Lots 28-45, townhouse Lots 1-8, The Assisted Living Project and the Apartment -Condo Project. See attached Phasing Plan. If there are others who should be notified during the review process, please fist those. C. The extent to which the plan departs from zoning and subdivision regulations including but not limited to density, setbacks and use, and the reasons why such Sitescape Associates, Attn: Bruce Lutz, 892-3492, Box 1417, Columbia Falls departures are or are not deemed to be in the public interest; Check One: Departures from Kalispell R-2 standards facilitated by the PUD overlay are as follows: X Initial PUD proposal Amendment to an existing PUD Density (gross per acre) = 3.44 without the Assisted Living Project and 4.73 du/acre with the Assisted Living Project A. Property Address: B. Total Area of Property: 80.68 Acres Townhouses, attached (2 or more) = CUP Proposed = permitted w/ PUD Minimum Lot Area = 9600 SF Proposed = 8,146 SF C. Legal description including section, township &, range: Minimum Lot Width = 70 LF Proposed = No Change(S-F Lots), 32 Tract 2, Tract 3, Tract 2J and Tract 2BC, Section 19, T29N, R21W, Flathead LF(TH Lots) County, Montana. Minimum Yard (Setbacks): D. The present zoning of the above property is: Kalispell R-2 Front = 20 Ft Proposed = No Change Side = 10 Ft Proposed = No Change Rear = 10 Ft Proposed = No Change to Gtr than 10 Ft (see plan) Side Corner = 20 Ft Proposed = No Change Maximum Building Height = 35 Ft Proposed = No Change Permitted Lot Coverage = 35% Proposed = No Change Assisted/Independent Living Units Proposed Future PUD Amendment The above departures from Kalispell R-2 zoning and subdivision standards adhere very closely to the land use goals set forth on the Kalispell Growth Policy Map 2006 and text that calls for suburban residential development in this area at a density up to four units per acre. The nature and extent of the common open space in the project and the provisions for maintenance and conservation of the common open space; and the adequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; Valley Ranch proposes to allocate 21.22 acres of the total area of the project to open space in the form of neighborhood parks, perimeter buffers and accent areas at project gateways. The smaller scale open space dedications will be part of the Valley Ranch Homeowner's Association open space while the larger in -holdings will either be offered for public parks or be maintained as private parks. One of the larger internal parks is located adjacent to the west side of Ponderosa Subdivision thus making for a generous sized open space transition between two residential developments. The park area south of Ponderosa Subdivision is a special site with mature trees and interesting topography. Valley Ranch creates a 100 foot wide linear park north of Lots 48-56 which will make a great site for passive recreation and excellent views of the valley floor and beyond. C. The manner- in which services will be provided such as water, sewer, storm water management, schools, roads, traffic management, pedestrian access, recreational facilities and other- applicable services and utilities. Please see the attached preliminary water, sewer and storm drainage plan prepared by Carver Engineering. Water supply, sewage collection, storm water collection/disposal, roadways, and sidewalks will be designed and constructed to City of Kalispell Public Works standards These facilities are to installed by the Developer at his expense, granted to the City of Kalispell after completion of construction, and owned, operated and maintained by the City permanently. The internal water distribution system will be a network of 8-inch diameter water mains. This distribution network will connect to and receive its supply from the existing 14-inch diameter PVC water transmission pipeline that was constructed along the east side of the US Highway 93 right-of-way to serve the Silverbrook development further north of this project. Fire hydrants will be installed at street intersections and, between intersections, at intervals as required by Kalispell Fire Department. Provisions will be included in the water pipe layout to allow future main extensions southward from Valley Ranch into the proposed Glacier Town Center and eastward into the presently undeveloped ground east of Valley Ranch. Individual water services will be provided of reach lot. Sewage collection will be provided by 8-inch diameter and larger gravity sewer collection mains. As many of these sewer mains as possible will be designed to gravity flow to the existing 18-inch diameter PVC sewer main located along the east edge of the Highway 93 right-of-way and was installed for the Silverbrook Development. Two sewage pump stations are required to serve those areas that cannot reach the Silverbrook main by gravity. One of these sewage pump stations is located in the southern part of the subdivision near Lots 14 & 15 and the other pump station is situated at the intersection of Plentywood Loop and Round -Up Road near townhouse Lots 14 & 15. Neither pump station is located within park land but rather both are on open space land. Manholes will be provided at intersections, changes in alignment and grade, and at intervals of no more than 400 feet along straight runs. The City of Kalispell is presently formulating plans that will define how sewage from the north side of Kalispell will be conveyed to the wastewater treatment plant. The general concept is that a new separate piping system commonly referred to as the Stillwater Road interceptor is necessary to handle wastewater flows from new developments on the north side of town. This interceptor is not yet designed nor built, but development pressure in the area continues to increase, so it is anticipated that sometime soon the City will begin tackling this problem. The scope of the conveyance system necessary for the entire north side of Kalispell is too huge for any one developer to undertake. The City of Kalispell is the best position to make the necessary improvements happen and must focus some energy on the process sometime soon if the piping is to be in place when needed to meet the time frames of the various projects already approved and those contemplated in the near future. Roadways will be designed and constructed to City of Kalispell standards, including paved roadways and alleys, concrete curb and gutter, landscaped boulevards. street trees, concrete sidewalks, and underground dry utilities (electric, telephone and cable TV) installed behind the sidewalk along the front of the lots. Lots will be graded to drain to the roadways and alleys, where runoff will be collected by a combination of curbs and gutters, catch basins and piping. The site will be graded to drain runoff to designed low points, where the storm water runoff will be collected and conveyed to storm water ponds. Rather than collect, convey and concentrate all the runoff from the entire site at a single point, storm water treatment will be decentralized. A number of treatment and disposal sites will be provided in open spaces scattered throughout the site. Each system will serve only a part of project area. Storm water will be treated to remove sediments, oils and grease in conformance with the regulations recently adopted by the City of Kalispell. Retention ponds will hold storm water and allow it to slowly percolate into the ground. Pond volumes will be set to contain a 100 year storm event. There are no drainage outlets available to which the overflow of larger volumes can be routed, so the pond system must be established very conservatively to insure that home sites, roadways and other properties are not inundated by storm water from extreme events. Also, please see the attached newly revised Traffic Impact Study prepared by WGM Group. The site is near new shopping centers as well as a regional athletic complex (KYAC), the new Glacier High School, Flathead Valley Community College and is across the highway from an existing golf course. It is also just south of an existing residential development by the name of Ponderosa that was conceived during the late 1970's. It is important to note that the two ingress/egress points on Highway 93 from Valley Ranch are proposed as right turn in, right turn and left turn in. Valley Ranch relies on connectivity with Glacier Town Center in order to achieve a roadway link with a through road that connects Rose Crossing with Highway 93. It is also assumed that there will be a traffic signal at the Rose Crossing and Highway 93 intersection that will facilitate a left hand turn towards Kalispell. f. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established The area proposed for the Valley Ranch project has been transitioning from rural and semi -rural suburban development to suburban -urban residential for the past several years. The Kalispell Growth Policy shows the subject property located firmly in the suburban residential growth zone around the City's fringe. Old and new developments such as Ponderosa and the newly proposed Glacier Town Center are examples of this trend. The development of the Silverbrook PUD in the vicinity of the proposed Church Drive Interchange will facilitate the extension of Kalispell's water and sewer infrastructure past and adjacent to Valley Ranch's west perimeter. Valley Ranch will provide a good land use transition from the more aggressive Glacier Town Center Project to the existing Ponderosa Subdivision. g. How the plan provides reasonable consideration to the character of the neighborhood and the peculiar- suitability of the property for the proposed use. The proposed plan conforms to the stipulations set forth in the current Kalispell Growth Policy calling for suburban residential development not exceeding four dwelling units per gross acre. The proposed plan provides for efficient use of land for residential housing while encouraging the generous dedication of common and comprehensively maintained open space. h. Where there are more intensive uses or incompatible uses planned within the project or on the project boundaries, how will the impacts of those uses be mitigated. The plan for Valley Ranch incorporates a minimum twenty foot wide buffer around the entire site. The project open space will be landscaped and maintained by a homeowner's association set forth in the attached covenants. The more intensive uses within the project that are facilitated by the PUD overlay are the 33 townhouse lots, the assisted/independent living facility and the apartment/condo area. The townhouse lots and apartment condo area act as a transitional use between external commercial uses and the internal single-family lots that will make up the core of Valley Ranch. The assisted living/independent living facility is located internally in the southern portion of the project and will create an island of open space and architectural diversity within the residential core of the project, including rather than isolating the elderly component of Valley Ranch.. The assisted living/independent living facility will generate much less traffic than the single- family and townhouse units. i. How the development plan will further the goals, policies and objectives of the Kalispell Growth Policy. The proposed plan is intended to fit within the stipulations set forth in the Kalispell Growth Policy as revised in August of 2006. The subject area is designated as "suburban residential" allowing for up to four units per gross acre. The future assisted/independent living facility will take the proposed development just slightly above the 4 unit per acre threshold. However, the traffic generated by the future living facility will be considerably less than the adjoining residential development. The Growth Policy Map also illustrates future north/south and east west transportation corridors that will disperse traffic and alleviate congestion in and around the site. This project along Glacier Town Center will expedite the expressed goal of extending Rose Crossing from Whitefish Stage to Highway 93 and also the extension of a route north from Rose Crossing to Valley Ranch through the Wolford Project. Traffic leaving either project and heading north will have two alternative routes through Valley Ranch. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: (1). Total acreage and present zoning classifications; See Plan, 80.6 Acres Kalispell R-2 Zone (2). Zoning classification of all adjoining properties; See Attached Zoning Exhibit (3). Density in dwelling units per gross acre; See Plan (4). Location, size height and number of stories for buildings and uses proposed for buildings; Plans will be submitted for the assisted /independent living facility in the future accompanying a PUD modification appiicationl. (5). Layout and dimensions of streets, parking areas, pedestrian walkways and surfacing; See PUD and Preliminary Engineering Plans (6). Vehicle, emergency and pedestrian access, traffic circulation and control; See PUD and Preliminary Engineering Plans (7). Location, size, height, color and materials of signs; The development signage will be located on the north side of the main entry roads. The signs will be a monument style signage utilizing the project logo and made of stone and wood elements used as landscape accents. The signs will conform to the Kalispell Sign Ordinance. (8). Location and height of fencing and/or screening; No fencing is proposed at this time. A preliminary landscape plan (9). Location and type of landscaping; A preliminary schematic landscape plan showing street trees screening and buffering is attached. (10). Location and type of open space and common areas; See PUD Plan (11). Proposed maintenance of common areas and open space; See Covenants (12). Property boundary locations and setback lines See PUD Plan (13). Special design standards, materials and / or colors; See Architectural Standards (14). Proposed schedule of completions and phasing of the development, if applicable; See PUD Plan (15). Covenants, conditions and restrictions; See Covenants (16). Any other information that may be deemed relevant and appropriate to allow for adequate review. SEE ATTACHED PLANS, TRAFFIC IMPACT STUDY and other supplemental information. Covenants, Architectural Standards and a Preliminary Landscape Plan will be submitted as supplementary information. If the PUD involves the division of land for the purpose of conveyance, a preliminary plat shall be prepared in accordance with the requirements of the subdivision regulations. Please note that the approved final plan, together with the conditions and restrictions imposed, shall constitute the zoning for the district. No building permit shall be issued for any structure within the district unless such structure conforms to the provisions of the approved plan. The signing of this application signifies that the aforementioned information is true and correct and grants approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during review process. (Applicant Signature) (Date) Le -gal Description Valley Ranch Planned Unit Development That portion of land situated and lying in the West Half (W'/!) of Section 19, Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, described as follows: Government Lot 2 (shown as Tracts 1 & 2 of Certificate of Survey No. 4491, records of Flathead County Montana), the North Half (NI/2) of Government Lot 3 (shown as Tract 3 of Certificate of Survey No. 4491, records of Flathead County Montana), and the Northeast Quarter of the Southwest Quarter (NEIA SW'/2 - shown as Tracts 7 & 8 of Certificate of Survey No. 4491, records of Flathead County Montana). �:(�l�i�l►[e��a�:»�:Z�] ���:1�7�1�[��►�111►[e��:7_Z��.Y�l��_1►1� Tract 1 of Certificate of Survey No. 5324, records of Flathead County, Montana, located in the North Half (N'/2) of Government Lot 3 of Section 19, Township 29 North, Range 21 West; Principal Meridian Montana, Flathead County, Montana and Tract 1 of Certificate of Survey No. 5975, records of Flathead County, Montana, located in the South Half (SIX!) of Government Lot 2 and the North Half (N'/Z) of Government Lot 3 of Section 19, Township 29 North, Range 21 West; Principal Meridian Montana, Flathead County, Montana and That portion conveyed to the Sate Highway Commission in Bargain and Sale Deed recorded July 9, 1956 in Book 391, Page 408 and conveyed to the State of Montana Department of Highways in Bargain and Sale Deed recorded July 23, 1996, Instrument No. 96-205-10010, records of Flathead County, Montana and That portion conveyed to the Sate Highway Commission in Bargain and Sale Deed recorded July 9, 1956 in Book 391, Page 408 and that portion granted to the State of Montana Department of Highways in Judgment and Final Order of Condemnation recorded January 11, 1996, Instrument No. 96-011-10250, records of Flathead County, Montana. METES and BOUNDS DESCRIPTION OF THE SUBJECT PROPERTY: Commencing at the Southwest corner of Government Lot 4, Section 19, Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, which is a found brass cap, thence North 00' 09' 50" West 3,956.91 feet along the west boundary of Section 19 Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, to the northwest corner of Government Lot 2, Section 19, Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, thence, leaving said west boundary of Section 19, South 89' 39' 45" East along the north boundary of said Government Lot 2, a distance of 95.73 feet to the east R/W of U.S. Highway 93 and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; said point is a found rebar with cap stamped #2516S, thence Continuing South 89' 39' 45" East along the northbound a ry of said Government Lot 2, a distance of 1,196.53 feet to the northeast corner of said Government Lot 2; said point is a found rebar with cap stamped #2516S, thence South 00' 22' 21" East along the east boundary of said Government Lot 2, a distance of 1,318.91 feet to the southeast corner of said Government Lot 2; said point is a found rebar with cap stamped #2516S, thence South 89' 36' 28" East along the north boundary of the Northeast Quarter of the Southwest Quarter (NE '/4 SW '/4) of Section 19, Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, a distance of 1,329.98 feet to the northeast corner of said Northeast Quarter of the Southwest Quarter (NE'/4 SW'/4), thence South 00' 16' 47" East along the east boundary of said Northeast Quarter of the Southwest Quarter (NE '/4 SW '/4) a distance of 1,321.22 feet to the southeast corner of said Northeast Quarter of the Southwest Quarter (NE'/4 SW'/4), said point is a found rebar, thence North 89' 34' 58" West along the south boundary of said Northeast Quarter of the Southwest Quarter (NE'/4 SW'/4) a distance of 1,327.88 feet to the southwest corner of said Northeast Quarter of the Southwest Quarter (NE'/4 SW 1/4), said point is a found rebar with cap stamped #2516S, thence North 00' 21' 59" West along the west boundary of said Northeast Quarter of the Southwest Quarter (NE'/4 SW'/4) a distance of 660.24 feet to the southeast corner of North Half (N'/z) of Government Lot 3, of Section 19, Township 29 North, Range 21 West; Principal Meridian Montana, Flathead County, Montana, thence North 89' 35' 39" West along the south boundary of said North Half of Government Lot 3 a distance of 561.63 feet to the southwest corner of Tract 2 of Certificate of Survey 5975 in said Section 19, records of Flathead County Montana, thence North 00' 20' 38" East along the west boundary of said Tract 2 of Certificate of Survey 5975 and the east boundary of Tract 1 of said Certificate of Survey 5975 a distance of 928.89 feet to the northeast corner of said Tract 1 of Certificate of Survey 5975, said point is a found rebar, thence North 89' 40' 37" West along the north boundary of said Tract 1 of Certificate of Survey 5975 a distance of 632.78 feet to a point along the east R/W of U.S. Highway 93, said point is a found rebar, thence North 140 28' 57" East along the east R/W of U.S. Highway 93 a distance of 33.77 to a found Montana Department of Transportation 2-inch diameter aluminum cap, thence Continuing along the east R/W of U.S. Highway 93 North 000 21' 47" East a distance of 499.90 feet to a found Montana Department of Transportation 2-inch diameter aluminum cap, thence Continuing along the east R/W of U.S. Highway 93 North 130 40' 24" West a distance of 144.31 feet to a point, thence Continuing along the east R/W of U.S. Highway 93 North 00' 20' 43" East a distance of 377.40 feet to the point of beginning and containing 80.626 acres of land, more or less. W112. SEC. 19, T291q. R 21 W, P M., M., FLATHEAD COUNTY, MONTANA FOR EARL HOLSECK DATE: FEBRUARY 19, 2008, ary ftu tmwi.- sm. ~u awl mm�-MW s. ww a-", i Y? ry .W 41W it" a o.'cmfl WY�Y#�aSId��Y1G Mt 'am lftm kw, 040M rwrrlm 44 a I IfyA 1401, ft ft '�Ivlr L-r� 1 wl � w n�ma w AftW A#M MA 6C*t t004.1aft JUJ ITIMpt.0 Pi. W, p6.0 kw. a-c —0 -k WO. fit'Mrlt� [=- � � [ � 'Im*& tAW9�L M,a c.WeAle % 40C -WO 71 LW '=1 .,, —*ftWtFA" E Ift iN ftl ftAf Y M w l twww� .A— " � Q. a`."" v 'A Fftt. &A~ Mr'— tz 4i.-.a•1 it bk* WGN m rl vattelpL kw—ME.W—� Silverbrook PUD Ig Mountain Golf Club mderosa Subdivision ^oposed Valley Ranch PUD 'lacier Town Center PUD rrounding Development K" Pt",.t, ed U+'a Deve2o( i I N 44" Open Field 4P P� 0, Open Field Open Field Vatt,e4j,L Site Analysis Key M�derate Slopes, If)% and above Law Areas, 13 to 2% Slope = Existing Trees and Shrubs 4� Preclarr-irvant Weather Courses Major Viewshed Directions S[Opa Qirieniafinn Existing Vehicular Awess --- Trampodavn Coradar Noise SQUrce Site Analysis Composite 42SUL TzIT . ". V 1w. P.k-JW.. 0 Mw LFI- 4w PLAM00 (VIXtY, MMANA Scow III-12v a 24EXIF Ptini;bd Urd 06w*NnMI Lod 'Aawpodam Z=I— rkW ear. Cian r I'ngvww ng aft T c rfx WGIA Erow"mrrg 6w- Map Unit Legend VpMt Reehud VW4y Ans, MsesnM JMTM MO0011lg elmbel WOO ura 14 n A."A01 Ps1Me10f A01 �a �an[151+B Me untl,0by f.$ 4A% P —t Ate Bl 13. MM.0"-0. 01e1 0.1 0.4% P-140p ailselo Bh ftnchva 6ree -4 71017 16.1 &3% W-40 wl..W w w m bwo-1 W s 121N15 76,1 313% W—t o— Nw VAMpe 1—. D w 3 P—ol Nepea @21 379% C.,p Iitl�e711k .9»7Paleml p',1 8.3'/l Ts Toy, dNrieex0.. uN FwM 42.1 17.5% fNf Ole 3eeessK News. Te Tay. 0.1 01 % waif. Sle apevesnt Napes TO Toy. BEn .t o<NW Palhastl 14.1 5,0% �J/.y. 910 T pP �TW tl[1W, wa roeetl Irew.fo, .dMrrlmlOAWI 2uI'l 1NO%I Soils Classification vattIeVPL l - �pF Yap �YM'e . RahXlilAl JY�Y9d0L�.lN CflIlFMY � lOFtlp+`l1 UILY 6i.PT�AC1 !Wi ,tC� — ��.. �r 9:b Yas 1 aridam -- b AM �FMi Ill r�ar•wa+wNY+Px �QL"Rrr W4 ae` FiAn C&' rklim FP P-h.n P' ry *carve Exhibit 1 - Kalispell Growth Policy Map sf "1p RCH GRCNE RR__�� o e per. WY _ rHgRy yy,,�� S b wINTI2RCRE6T❑R I ; "�Y LN 2' .CHIRIR R� kGk Lk NadR � CTpg, {'�6 TRL41\'A a TRONS7'AO RO IRK OR a9 WILD pINE CR w 4 O U G NC NAME.��-i __j w RMRRVE DR,y a Y Rarru a Exhibit 2 - Existing Zoning The Valley Ranch property is designated as "Suburban Residential" in the Kalispell Growth Policy and is zoned Kalispell R-2,Single-Family Residential. The intent of the district is to provide adequate lot areas for urban residential development; should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. This development will normally require all public utilities. A PUD overlay allows up to 5 units per acre and multi -family housing. r PL U1,,:i DcveQ.o l i-CX' C1EFi- 5U®eNVIg11>" IT, , I";,T2 71 Im S al,RJ pya' * qo':Z .- Legend Tcul PLIL3 Area 60.679Aaes.. Llydert"Zone • Kaki1*6R-2 05 502V-Falt-ly Rf"I Lois 13 7~71Ostse LOS 00 A Lhrr,g Ltnna '9w. IndepandgoL th+ng Y,Jrxks 16"7 4 WkiU A Apa7tma+i0�fim7o 4lra� 3A,2 Tehd Lh" Omit jowl Area m 54ip4-FemWy Lots - 26.96 Azm TrrJrl Aram in Temmhouss Left a 3,75 Acme Tonal koa mA&aisieNlridopefamLLmV • 4.9Awes Tmel Area Vn ApalllAfiod Parfib m . 6 d A=ea Tolal Asap m R o 1Pf • 15 15 #oW LaNlh of Fkmals • 9.389 Ti3LW Length of s = 4 &.12 ToW Anna an SLrem Pa+vrrg = F 6 Acras TOW Ares InAip Pann6 m 2.MS Arlin TmW Aew in Pw+jwX)lpen Space. a 15 D Ades ToW Apes In Opm 50etm Liadfer - 6.22 At," ToW Aeea in Con Spa = 21.19 Avm Groin 9yWo A&1 p" 3 44 9rsicm }wAAL 473 dupstm Mkktwm Sn"gaa Fdmq Lca Sizes a 8,148 SF Maxwmm SWVW Fil[oilp Lel.5Sm •38.233 5F s®. �jl• , IIWGvgr pt r., � � � - ��� wr�w. ,b ! Vicinity Map W 012. SEC M, T219 V IW, A.K.PI., NO NU RATHVII) f"L7Pl,PiITy. HWANA Scehs l i'• 12N @ NwN'i IvAtett k" P4laari, cLL:.I LJn4,r.,piw•J kw L yrr6 PUr.,�7V'w4 Winhwo ARSkNo. Sftowpa Awxi, ws Traffic! near. 1IdCa1I. 16`.nrn, 1 21k0 5Ur4�1°riir S,i!nC4rdi. hr"wwt iewLechnrcal G3lM VA. EfgfY*&mg Irk Mae vatt1eVPL l PUD Master Plan P,Ifk • Development Phasing Key Phase One, Year 1 -'2 Phase Two, Year R4 Phase Three, Year 5- Phasing Plan L�L IT W ;�2. SEC M. T2IX R2 I W. A.H., FM, a 2W 4W FOrHEAb000".H W7dM'F PL�nrx*1 Lrntl 0bMMTWd =.— Ir t)awniopor- Galcaeray Prtgerlbs K.Ykl�el1. hAGatiaf4B t, PaaMxx 9+u3 a, A�hq�€i� ucca�a +4a9 �:a Grvtl Er'rtryntp�et. C[hhme�' E Trait �E Sim �peq� 5 54rv� Gev4ecFx�rarl �.r%Yn1: Ergita Ifc T PQut„t,ed U1.,i� DeveQ.o ( Landscape Key g=ak--v Gress Parkwaywf Trees — Landscape Mounding Park Am f MuM-Purpme Play Area Ow Space � hli d-purple Use Area Cfepdwug Ornamental T(eeii * Conifer`o1,rs OmamenWl Trees E:d5f rg Tree I Shrub Line Park F 4F Schematic Landscape Plan e !w ° grM' pv ss• �'aPk tr a �r iu g f5, 1211N.Wty p.M.„tf., 0 +IOp s'■ s ", I��IiTliti<! 4 L'�7dJRffY. FTiANr f4A g+c�oiq C 1-12 24wW) � +� � c � ♦. � L s. ♦ � -T3 : rt N � ' � r_ tw '_' _!'� - Plenlrad UnC Duvo ryf�al � 4 Don.Wme r„brewap ptoWles Inc "I%W, tffiw vaae, Livid Plur m and L.aodszuPe Arcmea Si asmpe Awa lm Traff r. Ernlirvecr. WGM Gfwp Cyrtll = �u�mywu� 6ti1&Y%€npMusnrq rre "E" r V PL UM,: i DWeQ.o(prs� �wi Alley -Loaded Smaller Lot (J Constenius Architects, Sitescape) Street -Loaded Smaller Lot The above pictures exemplify the style of architecture and materials that will be utilized at Valley Ranch for single-family residences. Please refer to the attached design standards. -- Typical Alley -Loaded smaller lots w/ R2 Setbacks u' 1 Pr/A 13,287 F 13,405 70 a 9,800SF %3ad 1146,4543• x1.7-E Typical Street -Loaded smaller lots w/ R2 Setbacks 56 19,653 SF 69 14,830 SF ;xv41 • .... apr_r'S�79 •'ViV • Alley* Typical Alley -Loaded larger lots w/ R2 Setbacks Typical Street -Loaded larger lots w/ R2 Setbacks - V p D� Single -Family Lots l Garage -Under Example for Phase Three sloped sites. Roof ridge heights will not exceed 35 foot height 40 h 28 27 -W 9 * The townhouse lots are buffered from adjacent single-family lots with enlarged open space areas. 27 9,497SF r;f r,;Plt �F a r z 4 N ..s �.i 6� S Lana .22 Acres 3 :i392 .xv,z 480D Alley ►J W .29 Acres ,r Phase One Townhome Lots Alley -loaded townhome lots with prescribed R2 setbacks and 20' driveways off of the alley for additional visitor parking Townhomes in addition to two garage parking spaces per unit. Alley loading leaves the street free of driveways and allows for the planting �% of trees and landscaping along the parkway and setback. r Pk�.t,.t, ed U�i DeveQ.o 0 r' f W Assisted Living Facility Example - Riverside Assisted Living, Whitefish, Montana 38 The assisted living facility at Valley Ranch will be similar in size j _ to the Riverside Assisted Living Facility in Whitefish owned and 3 "— operated by Willowcreek. The assisted living facility will have E _ JL 80 units. The independent living facility will consist of two or more buildings similar to the Condo/Apartment units on the west Preliminary Schematic Site Plan side of Valley Ranch but including elevators to access upper levels. The independent facility will include 24 units. The final layout and architecture of the site and buildings will be reviewed by the City of Kalispell as an amended PUD or conditional use permit. Assisted and Independent Living Facility Vattej pLl A ij 4�L 8.7 Acres 160 Apaqntl 2d Preliminary Schematic Site Plan A Height not to exceed 35' �TYn-r; TY4-C' Condo or Apartment Unit Design Exhibit �l� -�1 �ii I . a l I i m m �i o s T ��<T �/b 4ti�P� m�,i iniJi FF � li F 4 ii;U�I�i ii� .. �— I �rrp Vll I— uiiinli� � � it lilunlilili�l '�^� ilnl i, — yi�i _ L pk %- I� r < o i I = x i 1 - .m. s, �s J.nIIiiiiii11� n ____— ,F v m — i — i VALLEY RANCH SUBDIVISION PLANNED UNIT DEVELOPMENT CARVER ENGINEERING, INC. Consulting Engineers PRELIMINARY CIVIL LAYOUT i99 In a.a caEi WATER, SEWER AND _ x i v ui M' _ vvoi STORM DRAINAGE I I 11 \ \--- \ I ,- 1 / ------- - Pmjml Tilc VALLEY RANCH SUBDIVISION 0 ^_ - CARVER ENGINEERING, INC. p PLANNED UNIT DEVELOPMENT t v - Consulting Engineers PRELIMINARY CIVIL LAYOUT 199i Ti e a Eat WATER. SEWER AND x uGM jo '9yol STORM DRAINAGE VARW324'TD3f?' - w ily-V 2% tmGAE. 2% TYPbr.AL A'Hbl PLAW MIX A9PRAL? M%C*MPAGT1QhiMIN,p PLACE IN TWO LIFTS re OF 3W CRUWEP WUVE4 M% 05UPACTK2N JMN ) ir OF -'r MINUS 0*'r RUhf GRAVEL 96% GC&PACT" IMIN) ALLEY SECTION WftF, P4AR w - Z 24' lyp 2'-Ar— SZEWALK 7-w- 7% TYPHCAL 2% TYPPCAL �w 4'1+OT PLANT WX ASPI�.T 95% CGEMPAUTION LUM) PLACrz 04 TWO LEFTS V OF 3m"CRWHEO GRAvEt 1)5% COMPACTIDN Imw y V OF 3'MEWS PIT RUN GRAVEk 95% CMPACrIGN (MIN.I 4TYPIGAW SIDEWALK ROAD SECTION SCAJE Typical Road Sections Vatt,eAj,L DESIGN STANDARDS: Valley Ranch Planned Unit Development OBJECTIVE OF THE VALLEY RANCH DESIGN GUIDELINES It is the purpose of these Design Guidelines to protect and enhance the environment of Valley Ranch, to minimize the disturbance of the existing terrain and vegetation, and to blend development into the setting as unobtrusively as possible. The Developer, Design Review Commitee ("DRC") and HOA reserve the right to place liens on properties for unpaid fines, the right to seek Temporary Restraining Orders for violations of any provision of the Valley Ranch Design Guidelines, CCR's or HOA By -Laws and reserve the right to any other remedy available to them under law and/or equity including attorney's fees. The guidelines are in three parts: I) Architectural Guidelines 2) Site Development Guidelines 3) Submission, Review, Approval, & Construction The DRC will administer and enforce these guidelines for all work on Valley Ranch. Eventually, the DRC will be a functionary of the new Home Community Association. The purpose of the Design Review Committee is to evaluate the design of a proposed structure or improvement by itself and also within its environment and neighborhood settings. The DRC will consist of 3 persons the Developer, and two other individuals whom shall be appointed by the Developer. Those three parties shall act as the Design Review Committee until such time as management responsibility is transferred to the Valley Ranch Community Association. A worthy variance from the literal translation of these guidelines will be considered objectively by the DRC. Otherwise, the DRC will maintain a consistent application of the intent of the guidelines on an equitable and uniform basis. Separately and to be drafted later, the uses for the properties both private and common such as the parks, trails, parking, firearms, RVs, horses, waste management, roads, easements, maintenance, etc. and their enforcement, shall be addressed in the "Bylaws" which will be a section of the Community Association Charter. Subject to change. Please confirm with the Design Review Commitee as to the most updated version L ARCHITECTURAL GUIDELINES - - - - - - - - - n f A. DESIGN CHARACTER The design character should appear integral with its environment instead of standing out against it. The design character of a residence should be considered uniformly from all sides, not just the front or rear elevations, and all elevations should maintain the same visual integrity, cohesiveness and design detail. Particular attention should be given to the relationship of the elevation of the respective floor levels and the comparative overall massing ofthe structures from one lot to another. Building forms, materials and colors must blend with and complement rather than compete with the natural landscape. Emphasis on muted colors is essential. It is suggested that long, unbroken walls and roofs be avoided. while vertical and horizontal offsets need to be included. To further reinforce this concern for scale, architectural forms should be softened by chimneys, balconies, bay windows, entrance treatments, and other such devices. Valley Ranch has sites that offer prominent scenic views and with that homes will be able to be viewed from afar. Architects and owners are encouraged and reminded of this. BUILDING HEIGHT DEPICTION B. BUILDING SIZES Any size residence may be presented for review by the DRC. Approval would be contingent on whether the design remains within the design vernacular of Valley Ranch and does not negatively impact neighboring homes. C. BUILDING HEIGHTS Valley Ranch terrain is varied and includes unique topography, making absolutely uniform applicability of height restrictions difficult, so the DRC will review these on a case -by -case basis. Heights shall be [with a generic 35' max] listed on each Architectural Elevation Drawing, at least as demonstrated in the elevation following. Benchmarks for heights on Lots 7, 9, 10, & 11 shall be lower and reviewed particularly so as not to dominate the skyline. D. MASSING It is expected that all building elevations will not only take advantage of the view from within the residence, but will provide pleasant views from all surrounding areas. All side and rear elevations are expected to be articulated to break up the fapade into smaller elements, as well as adding the richness of shade and shadow. Large blank walls will not be allowed. Failure to provide adequate articulation and richness may be grounds for amendment or rejection ofthe design by the DRC. In general, the DRC intends to discourage and has the right to prohibit the construction of any residence or E. MASSING ARTICULATION other structure which it deems as excessive in height when viewed from other lots or the streets. Again, Valley Ranch has numerous lots that offer views whereby structures may be seen from miles away. The Careful massing and composition of building forms, use of appropriate natural materials and special DRC will be, and asks owners & architects to be sensitive to that outlying impact. attention to the transition between the structure and the natural topography all serve to integrate the house sensitively into the environment. 1 Subject to change. Please —firm with the Design Review Conmnitee as co the most updated version Principles for acceptable design massing: Horizontal and vertical offsets are the devices used in massing the structure to achieve appropriate residential scale. The stepping up or down of rooflines helps a building blend with the surrounding landscape. Horizontal offsets should be coordinated with the interior plan and the roof pitches of the design. Architectural massing combined with good rooflines and offsets can create a very interesting and individualized building form. Garages and patio walls may help accentuate these horizontal offsets. In general, avoid the use of continuous, unaccented two-story facades. Without accents, horizontal and vertical offsets or wall projections, a looming barracks, shop, barn, or box look will result. Horizontal offsets can also contribute to added privacy and wind protection of outdoor spaces, reducing the need for elements such as fences and wall extensions. It is usually more effective visually and economically to have fewer, but larger offsets rather than a series of small jogs. A two -foot jog is barely noticeable; four feet is better; six to twelve feet cast a significant shadow and have a definite visual impact. The articulation of massing can be heightened by projections such decks. However, the deck must be an integral part of the building design, avoiding the "tacked -on" look. ROOFS The composition of roof forms should be carefully considered. No continuous ridge lines should exceed thirty-five feet. Changing ridge direction, offsets or major/minor roof projections should be used to break ridgelines. This will be reviewed and considered by the Design Review Board. The placement of the various pipes and vents that penetrate the roof should be considered. Combine them in the attic space and project them through roofs in a common enclosed stack when possible. Where practical, place stacks on the roof away from the side of greatest visibility or within a chimney. All roof vents are to be colored to match the dominant roofing material. G. STRUCTURAL COLORS Weathering agents are encouraged to accelerate natural effects. All exterior building colors shall have a light reflective value (LRV) of less than thirty-six. This information is available from most paint manufactures. A sample color palette has been recommended for residences in Valley Ranch and will be listed in the Colors List Appendix as an aid. The colors were chosen to blend with the natural colors of the vegetation and mountains as seen from a distance. Subdued accent colors may be used, pending approval by the DRC. Colors for exterior artwork, sculpture or any other special features visible from common areas should also be muted tones chosen to blend rather than contrast with the residence and its surroundings unless otherwise approved by the DRC Submit samples on the proposed surfaces for review and approval to the DRC H. REFLECTIVE FINISHES No highly reflective finishes, except glass and door hardware shall be used on any exterior surfaces including exterior artwork and sculpture. Mirrored and opaque glass are unacceptable exterior finishes. EXTERIOR SURFACE MATERIALS Exterior surfaces must generally be of materials and finish textures that create harmony with the natural landscape. Material changes should terminate at a logical inside corner or at a major wall opening. Changes at outside corners should be avoided or made with pilaster scale. Exterior finishes should be included down to the finish grade, thereby eliminating unfinished foundation walls. BUILDING PROJECTIONS All projections from a building including, but not limited to, chimney caps, vents, gutters, scuppers, downspouts, utility boxes, porches, railings, shading elements, and exterior stairways shall match the color of the surface from which they project or be an appropriate accent color. All building projections must be contained within the Building Envelope. K. ANTENNAS AND SATELLITE DISHES There shall be no antennae or satellite dishes other than the now common 24" oval -type; except as expressly permitted by the DRC. Locations of these appliances should be considered carefully to minimize visibility from neighboring property or from the roads. L. SKYLIGHTS AND INTERIOR LIGHTING Skylights shall be flat, low silhouette and non -glare. Visible bubble -type, plexi-glass skylights are not permitted. Skylights will not be permitted in locations where light from the interior will be overly visible to neighbors or roads. Interior light fixtures must be positioned so that the direct light source is not visible from the outdoors. Consideration must be given to the visibility of the light source from vantage points outside of the building. M. WINDOWS Windows should be carefully located and detailed to add substantial feel to the residence. Exposed aluminum sash and framing shall be an approved anodized finish color or vinyl coated color. Mill finish aluminum, including screen, is not permitted. Metal finishes on solariums and greenhouses are included in this category. With windows comes sunlight and heat gain so the considerations of interior and exterior shading elements must be considered, integrally designed, and meet all other applicable restrictions set forth in the Design Guidelines. N. SOLAR APPLICATIONS Passive solar applications or the orientation and design of the residence for maximum winter sun gain will reduce the winter heating needs, and will be encouraged. Active solar collectors can cause excessive glare and reflection, and can only be approved if they are integrated into the structures or landscaping. As with all design elements of a residence or improvements, solar collectors must be integrally designed, aesthetically pleasing and meet all other applicable restrictions set forth in the Design Guidelines. Solar collectors must meet the requirements of skylights. O. SCREENING WALLS AND SITE WALLS Screening walls should be a visual extension of the architectural design of the residence. They may be used to separate the private areas from the rest of the Building Envelope and as screening for parking and service areas. They may not be used to delineate property lines or delineate the Building Envelope. P. SERVICE YARD All above -ground garbage and trash containers, clotheslines, mechanical equipment, and other outdoor maintenance and service facilities must be completely screened from adjacent lots, streets, or common spaces by walls and gates, at least one foot higher than the equipment. Gates, or a "maze" entry that provides complete screening, shall be required around all mechanical and pool equipment enclosures. Q. GUEST HOUSES, GUEST SUITES AND ACCESSORY BUILDINGS These buildings must also go through the Review & Approval process with the DRC. Such structures must be designed as an integral visual element with the residence, and should be visually related to it by walls, courtyards, or landscape elements. A free-standing guesthouse or accessory building can be constructed on any lot, provided all improvements fall within the Building Envelope and meet the requirements of the Design Guidelines. R. NO VISIBLE STORAGE TANKS All fuel tanks, water tanks, or similar storage facilities shall be shielded from view from adjacent lots, streets or common areas by walls or structures or shall be located underground with all visible projections screened from view from adjacent lots, streets and common areas. S. NO SIGNS All security, pool, construction, financing, for sale, and other similar signs utilized for advertising are prohibited outside of Building Envelopes. The only exceptions are Address Identification and Temporary Construction Signage as described in these Design Guidelines. Allowed signs shall not be fastened to any trees. T. FLAGS Displaying the American flag is permitted if it is hung from an angled pole bracket mounted on the side of a residence. Suspended flags such as from eave overhangs will be considered temporary commemoratives for temporary purposes that are event -specific for no longer than 30 days. Free-standing flagpoles that are visible from off one's lot are not allowed. GARAGES The appearance of the garage doors must blend with the home design. The garage doors offer an opportunity to enrich the texture, rhythm and overall composition of the design and the Board expects that each home will capitalize on this opportunity. Every effort should be made to minimize the impact of the garage and garage doors. Doors can be made beautifully while careful planning and driveway orientation can ensure that the visibility of the garage and parking is minimized from the street and adjacent lots. Garages are strongly encouraged to be set back and orientated away from the street if possible. In an effort to minimize garage impact, no more than three garage stalls will be allowed adjacent to each other. If additional garage space is needed it must be separated from the other garage location or turned 90 degrees to avoid a long uninterrupted row of garage bays. UTILITIES All utilities from the common hook up area to the building site shall be placed underground. IL SITE DEVELOPMENT GUIDELINES The unique natural topography of Valley Ranch requires special attention on each lot. The features of each lot determine the access, placement of the home and septic system to maximize view amenity angles and privacy. These features are unique and specific to each lot. The following site development guidelines deal with issues of placement, grading, and landscaping. SIt7 i I I Ns: r, RkYU>47i'A THE BUILDING ENVELOPE The building envelope is the portion of each lot within which all improvements may be built and any alterations to the existing landscape are confined except for driveway approaches. The building envelope acts as a limit beyond which no construction activity, including grading or storage of materials is allowed. A building envelope will be identified for each lot on the approved final Building Envelope Diagram. The envelope will be based on the natural features of each lot such as topography, view angles, and the relationship to neighboring building envelopes or park areas. The building envelope will be outlined by the Declarant and then reviewed and set with each owner's architect, allowing alternate area schemes that may be considered by the Design Review Committee during the Preliminary Design Phase of the process. A. ALLOWABLE SITE COVERAGE AREA Each lot type is limited to a maximum site coverage area of total lot area for all improvements including building footprint, decks, patios, fenced or walled private areas, paved courtyard, driveway, and landscaped patio areas, excepting the driveway area connecting to the property line outside the building envelope. Any areas outside the maximum site coverage area disturbed in construction must be returned as near as possible to the natural condition. Generally, 10% will be standard except for those lots where horses are permitted. B. NATURAL AREA The natural area is that portion of the lot which lies outside of the allowable site coverage area yet within the building envelope and remains as natural forest. Additional plant material may be added in the natural area. C. GRADING AND SITING General grading and site development principles are as follows 1. Buildings and improvements should step down slopes, so as to be part of the site rather than altering the site to fit a non -responsive structure. The finish grade around the residence and any site walls should remain close to the original natural grade. 2. Significant cut and fill conditions should be contained with retaining walls or within construction. Exposed cut and fill slopes will not be approved. Cut slopes may be re -graded and naturally contoured to match existing terrain if all grading is contained within the Building Envelope and if, in the opinion of the DRC, the re -graded slope has a natural appearance upon completion. 3. No grading may be done outside the allowable site coverage area except for restoration and the minimum grading required for the driveway. 4. Multi -level solutions for buildings and improvements should be used wherever possible. Retaining walls or foundation walls should not exceed six feet in exposed height from finished grade adjacent to the wall, to top of wall or finished floor. Additional height may be achieved by use of more than one retaining wall, provided a significant setback for plantings is present and, in the opinion of the DRC, is adequate for visual separation. These retaining walls are to conform to these guidelines' regulations for color and mass. 5. Screen walls, walls not supporting a building structure or retaining earth, may not exceed five feet six inches in height measured from finish grade along the exterior side of the enclosure. 6. Low and substantial substructures in stilt or cantilevered construction shall be enclosed with finish materials similar to the main structure, unless a substantial and complementary method of enclosure is approved by the DRC. Open areas under buildings can create special hazards from fires traveling uphill and need careful treatment for this reason as well. D. WILDFIRE PROTECTION I. DEFENSIBLE FIRE SPACE Forest and vegetation must be managed so as to reduce exposure to flames and radiant heat during a fire. The reduction of flammable vegetation and other hazards including around buildings provides a "defensible fire space" for firefighters and residents. The "parking -out" or thinning of the Valley Ranch forest one sees today is an example of how to reduce fire fuel attractively. Yet some corridors have been left specifically thick and clean in order to promote wildlife camouflage and comfort. The National Forest which surrounds Valley Ranch may be maintained by NFS Permit only for "firewood" collection and slash management, pursuant to oversight vis-a-vis permits issued by the Murphy Lake Ranger Station (406) 882-4451; resulting in the collateral attribute of enhancing views and forest appeal. 2. FUEL MODIFICATION To accomplish the dual objectives of maintaining fire safety while protecting sensitive native vegetation, a fuel modification program should also incorporate a combination of fire-resistant building materials. E. PRIVATE AREA The Private Area is that part of the Building Envelope which is not visible from neighboring property because it is hidden behind walls or structures. The Private Area is the least restrictive in terms of what can be done within. F. MINIMUM SETBACKS All setbacks will be reviewed on the merits of the submitted site design plan. Refer to the Building Envelope for these setbacks. G. LANDSCAPE The goal of the landscape guidelines is to ensure that developed areas within Valley Ranch harmonize and blend with, rather than dominate the natural environment. 1. PLANT MATERIALS All disturbed areas that are not paved shall be vegetated with appropriate plant materials. 2. PLANTINGS IN PRIVATE AREAS Within private areas, plantings immediately adjacent to the residence are not restricted and may include ornamental plants that are not native to the local area. However, because the natural landscape is considered the most important character -giving feature of Valley Ranch, groomed lawns shall be enclosed by buildings, walls, or natural screening elements so that they are visible only from within the owner's own homestead. 3. ROADWAY AND PARK VEGETATION When trees, flowers, or other plantings and their maintenance are to be considered in the common areas such as the roadway right-of-way areas of each lot or within the Park areas, consideration shall be put before the Board to consider design, uniformity, traffic sightlines and cost. This professional review should result in recommendations for homeowners' review and then consensus. 4. WEED MANAGEMENT MANDATE It is the responsibility of every homeowner to manage the noxious and other weeds which occur in Montana, Lincoln County, and specifically in Valley Ranch. Private, roadway, and Park lands require a regular weed management plan. The Home Community Association shall manage the communal grounds and monitor private adherence to an annual program. H. RETAINING WALLS All retaining walls must be included in the review process and be approved by the DRC. If walls will exceed four feet in height, an engineer, architect, or certified builder must approve the wall design. The maximum total vertical exposure of approved walls shall not exceed six feet unless the Board determines that an exception is warranted because of extraordinary circumstances or unavoidable topographic constraints. Where walls taller than six feet would be required to solve a grading issue, terracing with multiple walls is recommended, with a planting area of at least thirty inches between each wall section. Retaining walls should appear to be an extension of the residence and are subject to the same criteria relative to color, materials, and durability as the building itself. If not connected to the residence, walls should be constructed of architectural materials compatible with those employed in the residence. 1. FENCES Respecting the Montana mountain environment, perimeter lot line fencing is prohibited. Exception may be made after review, for properties bordering Valley Ranch' "busier" Park areas. Community fencing bordering the National Forest for the purpose of protecting Valley Ranch from Free Range Cattle shall be maintained by the Home Community Association. Within individual lot private areas, fencing can be constructed from compatible materials to the residence with a five -foot -six-inch maximum height from exterior grade, after review by the DRC. Lots approved for horses may have fences of natural materials only for paddock areas. J. DRAINAGE Where construction and development will obstruct natural drainage patterns, surface run-off should be carefully redirected to existing or new swales designed to look natural. Swales may be required above new cut of fill slopes to protect them from erosion. Runoff on each lot shall be accommodated within lot boundaries or within prescribed drainage easement areas. K. SWIMMING POOLS Owners can construct swimming pools. However, the design must not cause visible scars, or excessive grading. L. PETS AND WILDLIFE Dog runs and pet animal pens must be enclosed and covered to protect pets from predators. Domestic animals or pets such as dogs & cats are permitted so long as owners provide necessary restraints to prevent those animals from becoming an annoyance or nuisance from such as excessive barking or antagonistic behavior. In general, leash and poop -scooping bylaws are to be in affect on common grounds and the "invisible leash" is recommended for private property play control. All outdoor trash containers must be of animal -proof designs. All trash must be kept in completely enclosed structures. Barbecue grills should be left properly covered or stowed when not in use so as not to attract wildlife into private spaces. To be covered in the by-laws yet mentioned here: no horses, sheep, cattle, goats, hogs, or other animal husbandry uses or pens shall be permitted on any lot except those lots specifically approved for horses only. Owners with Lots permitted for "horses only" use shall not be allowed to have horses on any roads or areas other than their designated envelopes or their designated trails from their property into public forest service lands; unless they are in trailers. M. EXTERIOR LIGHTING Site lighting is defined as lighting mounted on the building, ground, trees or walls for the purpose of providing security, decorative, accent, or functional lighting. Building lighting is defined as lighting built into or attached to buildings on walls, ceilings, eaves, rakes, or roofs. 1. Site lighting must be directed downward onto vegetation or prominent site features and may not be used to light walls or building elements. Up lighting more than 45 degrees above the horizontal is prohibited and lighting aimed between zero and 45 degrees above horizontal must be directed toward the interior of the lot upon which it is located. 2. Building mounted lighting must be directed downward away from adjacent lots, streets and open spaces, and may not be used to light walls or building elements for decorative purposes unless the bulb is completely hidden and has approval from the Valley Ranch Design Review Commitee via each owner's architectural lighting plan. 3. All exterior lighting must provide for significant shielding to ensure that light sources and lamps are not visible from other properties, from roads or from off -site; no bare lamps will be permitted. 4. Outdoor luminaire lamps with a maximum wattage of 75 watts will be allowed for exterior lighting unless specific approval is received from the DRC. Low voltage lighting is recommended since these fixtures are typically small but heat output should be carefully considered. Colored lighting will not be allowed for exterior lighting except for the 30 days either side of holidays. 5. No lighting will be permitted in natural areas or outside the areas enclosed by patio or building walls. Site lighting must be confined to areas enclosed by walls or be in the immediate vicinity of the main entrance or outdoor living spaces of the residence. 6. Lights on motion detectors for the purpose of security illumination may be allowed subject to specific approval of the committee if the lights so activated do not illuminate adjacent properties. These lights will only be allowed to operate on a motion detector and stay lit for a maximum of five continuous minutes. Security lights must still meet the requirements of shielded light sources. If problems with these lights occur, the Committee reserves the right to demand that the fixtures be disconnected. Care must be taken to avoid setting off the motion detector by the motion of vegetation and the movement of wildlife. The motion detector's range should be limited to the Building Envelope area. These lights will not be allowed to operate for the purpose of general illumination. N. DRIVEWAYS Driveway approaches and curb cuts off of the roadways are supplied by the developer only. Interior driveways should be designed to accommodate emergency vehicles including fire -fighting equipment and their water supply needs. The material of the driveways shall be asphalt or other suitable hard surface approved by the Board. Gravel driveways are not permitted. Transition from the driveway material to the street paving provided by the Developer shall occur 25-30 feet from the roadway edge. Driving surfaces shall be no less than twelve feet nor more than sixteen feet on driveway legs. On -street parking and off - building -envelope parking is not permitted, so driveways may need pull -offs for additional visitor parking. Parking and garage doors shall be screened wherever possible from adjacent roadways and lots. O. SNOW MANAGEMENT III. SUBMISSION, REVIEW, APPROVAL, & CONSTRUCTION Under the Declaration, the Design Review Commitee (DRC) is charged with the responsibility of maintaining the standards set forth in the Valley Ranch Design Guidelines. It is strongly recommended that an Owner retain competent professional services for planning and design. In general, the DRC process is divided into five phases: 1. Pre -design Meeting 2. Preliminary Submittal 3. Final Submittal 4. Construction 5. Final Construction Review An attempt has been made to streamline this process to eliminate excessive time delays. Nevertheless, each Owner is directly responsible for complying with Valley Ranch Design Guidelines, and all other applicable provisions of the Declaration, as well as all rules and regulations of any governmental authority, in order to bring the design review process to a speedy and satisfactory conclusion. To protect Valley Ranch' integrity, certain fees for review oversight and refundable monies will be required to engage and conduct construction activities; and thence fines shall be imposable for infractions during and after such activities. Fines shall be assessed until the infraction is remedied. Payment of such a fine shall not be deemed a remedy of the infraction. Application: 1 % for review, approval, & inspections; non-refundable Purpose: To compensate for professional time Owner bonds: 1 % bond to construct; refundable Purpose: A security deposit for the private roads & common areas' maintenance in case of damage, abandonment, or fine. Builder bonds: $10,000 bond to commence; refundable Purpose: A security deposit. Snow management is to be considered during the design of the architecture and landscape. Areas for snow Fines: To be determined by the DRC and thence the HOA via the CCRs, Design Guidelines, or storage should be identified in the design of the driveways. HOA Bylaws without a time limit or a one-time limit; subject to liens and interest. Strict & reasonable. Roofs should be designed to hold snow rather than shed, wherever possible. Roof snow shedding zones are to be anticipated in the landscape design. P. ADDRESS IDENTIFICATION The Developer shall provide installation of uniform address identification devices for all lots. Additional "personality" signage detached from the residence will be permitted, as per the CCR Declaration and/or as approved by the DRC. If one is not comfortable with these constraints, one should not buy in Valley Ranch. A. PRE -DESIGN MEETING This informal review is to offer guidance prior to the initiation of preliminary design. An appointment for the pre -design meeting should be made at least one week in advance. B. PRELIMINARY SUBMITTAL Preliminary drawings, including all of the exhibits outlined below, must be submitted to the DRC after the pre -design meeting. Preliminary submittals shall include: 1. The Application Form, supplied by the DRC, with all information completed. A small review fee may be instituted by the DRC for this community service. 2. A survey, at no less than one inch = twenty feet, prepared by a land surveyor registered in the state of Montana, showing lot boundaries and dimensions, easements, setbacks, centerline of adjacent streets, utility tap locations, existing surface contours at two foot intervals based on Valley Ranch' datum, major terrain features, all trees of eight inch diameter or larger that are within twenty feet of any proposed improvements. Each Owner submitting drawings for approval to the Committee shall be responsible for the accuracy of all information contained therein. 3. A site plan, at the same scale as the survey, showing the graphic locations of the building envelope, the residence and all other buildings or major structures, driveway, centerline of adjacent streets, parking areas, patios, pools, walls, proposed utility service facilities and routes, site grading including existing and proposed contours and topographic features, and elevations (datum) of all building floors, patios, and terraces, shown in relation to site contour elevations. 4. Plans and Sections: Floor Plans (at a scale of no less than one -quarter inch = one foot); at least one section (at a greater scale). Roof Plans should show areas and heights of flat and sloped roofs, location of any crickets, and locations and heights of any roof mounted equipment and skylights. Floor plans should show vertical elevations for each if any floor level change. 5. Exterior elevations of all sides of the residence, at the 'same scale as the floor plans, identifying all structure heights, delineating both existing and proposed grade lines and designating all exterior materials and general colors. Color selections may be general and not specific for the preliminary submittal. 6. The corners of structures shall be staked for the DRC to review. And if necessary to assist the DRC in its evaluation of elevation of a submittal, the Owner shall, if requested, provide staking and flagging of ridgelines or highest corners of structures. The preliminary submittal shall include one paper reduction of each of the required drawings in 2, 3, 4, and 5 above as well as any other drawings, materials, or samples requested by the DRC or necessary to explain the design. These drawings can be in form of letter size (8-1/2" x I I") or ledger size (I I" x 17") paper. C. PRELIMINARY REVIEW When the Preliminary Submittal is complete, the DRC will review the submittal for conformance to the Design Guidelines and provide a written response to the applicant within 10 days. Approval of a preliminary submittal will be considered valid for one year from the date of approval. The submittal will be considered abandoned if final plans are not submitted in that period. D. FINAL SUBMITTAL After preliminary approval, final submittals shall include: 1. The application form with all information completed. 2. Complete construction documents including: full floor plans scaled at least ''/4"=1 foot, elevations scaled at least at %4"=l foot, sections scaled at least at 1/4"=1 foot indicating existing and proposed grade lines, detail sections scaled at least at 1-1/2"=1 foot, elevations scaled at least at /4"=l foot, and schedules for exterior fenestrations and interior doors. 3. Samples of all exterior materials and colors, and window and glass specifications, mounted on an 8 ''/z" x I I" (maximum size) heavy stock cardboard identified with manufacturer's name, color, and/or number. Sample boards shall include Owner's, architect's and builder's name, as well as the lot number. Samples of exterior materials such as stone should be submitted via the use of photographs that show color and coursing patterns. Colors should state light reflectivity value. 4. A landscape plan at the same or larger scale as the site plan, showing proposed contours, grading, drives, courtyards, walls, plantings etc. Site drainage should be included in his plan. 5. Exterior lighting plan showing location and manner of installation for each light, as well as cut sheets on the lights to be utilized. 6. Final staking of structure(s) corners, perimeters, heights and earthen cuts & fills. 7. A fundamental construction schedule. E. FINAL SUBMITTAL APPROVAL The DRC will review the submittal in stages as it is received and respond within 10 days after the review but no later than 30 days after the submittal is complete. F. CONSTRUCTION APPROVAL Obtaining plan check approval from governing bodies such as the city or county and ensuring building code compliance is the responsibility of the Owner and/or builder. Architectural appearance shall be in accordance with the final submittal approved by the DRC. G. ADDITIONAL CONSTRUCTION AND/OR EXTERIOR CHANGES Substantive changes to the approved drawings before, during, or after the construction of an improvement must first be submitted for review to, and must be approved by the DRC. H. RE -SUBMITTAL OF DRAWINGS In the event of disapproval by the DRC, of either a preliminary submittal or a final submittal, any resubmission of drawings must follow the same procedure as the original submittal. I. COMMENCEMENT OF CONSTRUCTION Upon receipt of approval from the DRC, the Owner shall commence the construction pursuant to the approved final submittal within 180 days from the date of the approval. If the Owner fails to comply with this paragraph, any approval given shall be deemed revoked unless, upon the written request of the Owner made to the DRC prior to the expiration of the 180-day period and upon a finding by the DRC that there has been no change in circumstances, the time for commencement is extended in writing by the DRC. The Owner shall, in any event, complete the construction of the foundation and all exterior surfaces (including the roof, exterior walls, windows, doors and all landscaping) of any improvement on his lot within one year after commencing construction except when such completion is impossible or would result in great hardship to the Owner due to strikes, fires, national emergencies, or natural calamities. If construction ceases for a period greater than sixty (60) days, the DRC may require that construction immediately resumes or the Lot is returned to its natural condition. In any event, the Owner shall complete construction of any improvement on his Lot within 18 months after commencing construction unless a time extension is granted by the DRC. If the Owner fails to comply with this schedule, the DRC has the right, but no obligation, to either have the exterior of the improvement completed or to remove the improvements; with all expenses incurred to be reimbursed to the DRC by the Owner. J. OBSERVATION FOR DESIGN CONFORMANCE The DRC may review all work in progress and give notice of non-compliance if found. The builder is required to inform the DRC in writing at least ten days prior to the completion of rough framing so that a review for design conformance may be made prior to completion of sheathing. A written note stating this requirement shall be shown by the architect on the floor plan or framing plan as part of the final submittal. Absence of such review and notification during the construction period does not constitute approval by the DRC of work in progress or of compliance with the Design Guidelines or the Declaration. K. FINAL CONSTRUCTION REVIEW 1. Upon completion of any residence or other improvement for which final approval was given by the DRC, the Owner shall give written Notice of Completion to the DRC prior to occupancy by the Owner. 2. Within such reasonable time as the DRC may determine, but in no case exceeding twenty calendar days from receipt of a required written Notice of Completion, the DRC may review the residence and/or improvements. If it is found that work was not done in strict compliance with the approved final submittal, the DRC shall notify the Owner in writing of such non-compliance within thirty calendar days of its receipt of the Owner's Notice of Completion, specifying in reasonable detail the particulars of non-compliance, and shall require the Owner to remedy the same. 3. If the Owner has failed to remedy any non-compliance within 30 calendar days from the date of the DRC's non-compliance notice, the DRC shall notify the Owner, and Valley Ranch Community Association, Inc. may take such action to remove the non -complying improvements as is permitted in the Design Guidelines or the Declaration including, without limitation, injunctive relief or the imposition of a fine. 4. If, after receipt of written Notice of Completion from the Owner, the DRC fails to notify the Owner of any failure to comply within the provided period following the DRC's review, the improvements shall be deemed to be in accordance with the approved final submittal. 5. If an Owner chooses to occupy the residence following receipt of a Certificate of Occupancy from the city or county, but prior to final construction review by the DRC, he may do so provided that the work is continued and the written Notice of Completion is given to the DRC within forty-five days of occupancy. If improvements are not completed within forty-five days of occupancy, the DRC reserves the right to take such action to cause the completion of the improvements as is permitted in the Design Guidelines or the Declaration including, without limitation, the imposition of fines. L. NON -WAIVER The approval by the DRC of any drawings or specifications for any work done or proposed, or in connection with any other matter requiring such approval under the Design Guidelines or the Declaration, including a waiver by the DRC shall not be deemed to constitute a waiver of any right to withhold approval as to any similar drawing, specification, or matter whenever subsequently or additionally submitted for approval or of a nonconforming design or aspect that has not been identified earlier, For example, the DRC may disapprove an item not in conformance with the Design Guidelines shown on the final submittal even though it may have been evident and could have been disapproved at the preliminary submittal. M. RIGHT OF WAIVER The DRC reserves the right to waive or vary any of the procedures or standards set forth herein at its discretion, for good cause shown. N. ESTOPPEL CERTIFICATE Within thirty days after written demand therefore is delivered to the DRC by any Owner, and upon payment therewith to the DRC of a reasonable fee from time to time to be fixed by it, the DRC shall record an estoppel certificate executed by any two of its members, certifying with respect to any lot of said Owner, that as of the date thereof either (a) all improvements and other work made or done upon or within said lot by the Owner, or otherwise, comply with the Design Guidelines, and the Declaration, or (b) such improvements and/or work do not so comply, in which event the certificate shall also (1) identify the non -complying Improvements and/or work and (2) set forth with particularity the cause of causes for such non-compliance. Any purchaser from the Owner or mortgagee or other encumbrancer shall be entitled to rely on said certificate with respect to the matters therein set forth, such matters being conclusive as between the Valley Ranch Community Association, Inc., the DRC, developer, all Owners and other interested persons, and such purchaser mortgagee, or other encumbrancer. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR VALLEY RANCH This Declaration of Covenants, Conditions and Restrictions for Valley Ranch ("Declaration") is made as of , 2008, by Glacier Valley Villages, L.L.C., a Montana limited liability company ("Declarant"). INTRODUCTION TO THE COMMUNITY Declarant is the owner of the real property legally described in Exhibit " attached hereto which is within the master planned community commonly referred to as Valley Ranch, in Kalispell, Montana ("Valley Ranch"). This Declaration creates mutually beneficial covenants, conditions and restrictions for such property and establishes a flexible but reasonable procedure for its overall development, administration, maintenance and preservation. As part of the development plan, Declarant has formed the Valley Ranch Community Association, Inc., an association comprised of all Owners in Valley Ranch. By executing this Declaration, Declarant intends to create an environmentally -sensitive community boasting a high quality of life for its residents. The Valley Ranch Community Association, Inc. will be responsible for implementing the Declarant's goals for the community, as they are expressed herein. Foremost among these goals is the Declarant's desire to preserve and display the natural beauty of the surrounding environment through the plan of development and the uses of the land. ARTICLE 1 CREATION OF THE COMMUNITY 1.1 Initial Declaration. Declarant hereby declares that the property described in Exhibit "A" and any additional property subjected to this Declaration by Supplemental Declaration shall be held, sold, used, and conveyed subject to the covenants, conditions, and restrictions herein which shall run with the title to the land. This Declaration shall be binding on and shall inure to the benefit of all parties having any right, title, or interest in the Properties or any part thereof, their heirs, successors, successors -in -title, and assigns. 1.2 Duration. Unless terminated as provided below, this Declaration shall have perpetual duration. Unless otherwise provided by Montana law, in which case such law shall control, this Declaration may not be terminated within 20 years of the date of recording without the consent of all Owners. After 20 years from the date of recording, this Declaration may be terminated only by an instrument in writing, signed by the Association and approved by sixty- seven percent (67%) of the then Owners. Such an instrument shall then be recorded in the Official Records to evidence the termination of this Declaration. Page I ARTICLE 2 CONCEPTS AND DEFINITIONS The terms used in this Declaration and not otherwise defined shall generally be given their natural, commonly accepted definitions except as otherwise specified. Certain capitalized terms shall be defined as set forth below. 2.1 "Architectural/Design Review Committee". The committee which the Declarant or Board may create, subject to provisions of , and at such time as it shall determine in its discretion, to review construction and administer and enforce architectural standards. 2.2 "Area of Common Responsibility". Any areas, real property, amenities, roads and easements which become the responsibility of the Association, including but not limited to, Common Areas, wetlands, ponds, designated parks, trails for use by Owners, access roads, road right-of-ways, the storm water system which includes ditches and drainage systems, picnic and parking areas, perimeter fencing (if any), entry gates (if any), water storage facilities. Furthermore, the Association shall be responsible for cleaning of said areas. 2.3 "Articles". The Articles of Incorporation of Valley Ranch Community Association, Inc., as they may be amended from time to time. 2.4 "Association". Valley Ranch Community Association, Inc., a Montana nonprofit corporation, its successors and assigns. 2.5 "Base Assessment" or "Regular Assessment" Assessments levied on all Units to fund Common Expenses, as more particularly described in Article 2.6 "Benefited Assessment". Assessments levied on one or more but less than all Units, as more particularly described under Section 6.6. 2.7 "Board of Directors" or "Board". The body responsible for administration of the Association. 2.8 "Builder". Any Person which purchases one or more Units or parcels of land within Valley Ranch for the purpose of constructing improvements for later sale to consumers, or for further subdivision, development, and/or resale in the ordinary course of such Person's busi- ness. 2.9 "By -Laws". The By -Laws of Valley Ranch Community Association, Inc., as they may be amended from time to time. 2.10 "Class "B" Control Period". The period during which the Class "B" Member is entitled to appoint a majority of the Board as provided in Article VI below. 2.11 "Common Area". All real and personal property which the Association now or hereafter owns, leases, has easement rights to, or otherwise holds possessory or use rights in for the common use and enjoyment of the Owners. The term may include, without limitation, recreational facilities, entry features, signage, landscaped medians, lakes, streams, water courses and wetlands, as well as hiking, walking and bicycle trails that Declarant may convey to the Association on such terms and conditions as the Association may approve. 2.12 "Common Expenses". The actual and estimated expenses incurred or anticipated to be incurred by the Association that are deemed by the Board to be for the general benefit of all Units, including expenses with respect to the Common Area and Area of Common Responsibility, reasonable management fees, expenditures for capital -type items, expenses payable under any Covenant to Share Costs, and any reasonable reserve, as the Board may find necessary or appropriate. 2.13 "Covenant to Share Costs". Any declaration or other instrument executed by Declarant or the Association which creates easements or other rights for the benefit of the Association (or its Members) and the present and future owners of the real property subject to such declaration or other instrument and/or which obligates the Association and such owners to share the costs as described therein. Any Covenant to Share Costs may affect less than all Owners. 2.14 "Declarant". Glacier Valley Villages, L.L.C., a Montana limited liability company, or any successor, or assignee thereof designated as the Declarant in a written instrument executed by the immediately -preceding Declarant. 2.15 "Design Guidelines". The architectural, design, development, and other guidelines, standards, controls, and procedures promulgated by the Declarant or the Board including, but not limited to, application and review procedures, as they may be amended from time to time; including, but not limited to, the Valley Ranch Design Guidelines. 2.16 "Dwelling Unit". All single family residences located within a building and used or intended to be used for a single-family residential use in conformity with the Governing Documents, including any garages, carports, open or closed patios and basements, as originally constructed. 2.17 "Governing Documents". This Declaration together with the Articles and By - Laws of the Association, any declaration of easements, Covenants to Share Costs, the Design Guidelines, Use Restrictions, and any rules, regulations or policies adopted by the Board shall contain the standards for the Properties and the Association. 2.18 "Master Plan". The Master Plan for the development of Valley Ranch filed with the County of Flathead, City of Kalispell, Montana, as it may be amended, updated, or supplemented from time to time. Inclusion of property on the Master Plan shall not, under any Page 2 circumstances, obligate Declarant to subject such property to this Declaration nor shall the exclusion of property from the Master Plan bar its later annexation. 2.19 "Member". A Person entitled to membership in the Association as an Owner of a Unit or Lot as designated on the final plat of Valley Ranch. 2.20 "Mortgage". A mortgage, deed of trust, deed to secure debt, or any other form of security deed. 2.21 "Mortgagee". A beneficiary or holder of a Mortgage. 2.22 "Official Records." The Office of the County Recorder of Flathead County, Montana. 2.23 "Owner". Collectively, one or more Persons who hold the legal or equitable title to any Unit or Lot as is designated on the final plat for Valley Ranch, of Valley Ranch, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Unit is sold under a contract of sale, the purchaser (rather than the fee owner) will be considered the Owner, unless the contract specifically provides otherwise. 2.24 "Person". A human being, a corporation, a limited liability company, a partnership, a trustee, or any other legal entity. 2.25 "Properties". The real property described in Exhibit "A", together with any additional property annexed and made subject to this Declaration. 2.26 "Reviewing Body". The body authorized to exercise architectural review pursuant to Article 3. 2.27 "Special Assessment". Assessments levied against all Owners to cover unanticipated costs, as more particularly described in Article 6. 2.28 "Supplemental Declaration". An amendment or supplement to this Declaration filed which subjects additional property to this Declaration, identifies any Common Area within the additional property, and/or amends, expressly or by reference, additional restrictions and obligations on the land described therein. 2.29 "Unit". A portion of the Properties, whether improved or unimproved, which may be independently owned and is intended for development, use, and occupancy as an attached or detached residence for a single family. The term shall refer to the land, if any, which is part of the Unit as well as any improvements thereon. 2.30 "Lot". Any portion of the real property which is separately identified on the final plat for Valley Villages, which can be conveyed, sold or transferred via a warranty deed conveying indefeasible title to that particular piece of real property. 2.31 "Use Restrictions". The rules and use restrictions adopted by the Board, as they may be modified, canceled, limited or expanded. ARTICLE 3 ARCHITECTURAL APPROVAL 3.1 General Requirement for Prior Approval. No structure or improvement of any type whatsoever shall be placed, erected or installed upon any portion of the Properties, no alterations or improvements of or additions to the existing landscaping, and no improvements (including staking, clearing, excavation, grading, and other site work, and exterior alteration of existing improvements) shall take place within the Properties without the approval of the Reviewing Body, as established pursuant to Section 3.2. In addition to the construction of dwellings and other buildings, it is specifically intended that the placement or positioning of other structures (etc ., without limitation, fences, signs, antennae and satellite dishes, clotheslines, playground equipment, basketball hoops, pools, propane and other fuel tanks (other than portable gas grills), lighting, temporary structures, solar devices, and artificial vegetation) on the exterior of any Unit or other portion of the Properties shall require the approval of the Reviewing Body which approval shall be consistent with applicable law. Modifications to the interior of screened porches, patios, and similar portions of a Unit visible from outside the structures on the Unit shall be subject to this Article. 3.2 Architectural Review. (a) New Construction. Until expiration of the Class "B" Control Period, the Declarant or the Design Review Committee ("DRC"), if one has been established, shall have exclusive authority to administer and enforce the architectural controls created pursuant to this Declaration and to review and act upon all applications submitted for approval. There shall be no surrender of this right prior to the expiration of the Class "B" Control Period except in a written instrument executed by Declarant and delivered to the Board. The DRC, if established, shall consist of at least three persons who shall serve and may be removed in the Declarant's sole discretion during the Class "B" Control Period and thereafter shall be appointed and removed by the Board. (b) Fees; Assistance. The Board may establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review of any application. Such fees may include the reasonable costs incurred in having any application reviewed by architects, landscape architects, engineers or other professionals (and may also include an additional refundable deposit, all or any portion of which may be retained by the Association if it is determined by the Reviewing Body that the applicant or any Person acting on behalf of the applicant has failed to comply with the Governing Documents). The Declarant and the Association may employ architects, engineers, or other persons as deemed necessary to perform the review. The Board may Page 3 include the compensation of such persons in the Association's budget as a Common Expense. 3.3 Guidelines and Procedures. (a) Design Guidelines. The Declarant has prepared initial Design Guidelines which shall apply to all matters requiring approval pursuant to this Declaration, which are incorporated herein by this reference and shall be maintained by the Board. The Design Guidelines, as amended from time to time, may contain general provisions applicable to all of the Properties, as well as specific provisions which vary from one portion of the Properties to another depending upon location, unique characteristics, intended use, the Master Plan, and any applicable zoning ordinances. The Design Guidelines are intended to provide guidance to Owners regarding matters of particular concern in considering applications hereunder. The Design Guidelines are not the exclusive basis for decisions of the Reviewing Body, and compliance with the Design Guidelines does not guarantee approval of any application. During the Class "B" Control Period, the Declarant shall have the sole authority to amend the Design Guidelines from time to time in its discretion. Thereafter, the DRC shall have the authority to amend the Design Guidelines, in a manner consistent with the philosophy for the development of Valley Ranch as set forth in Article III, with the consent of the Board, and ratification by the affirmative vote or the written consent, or any combination thereof, of Members representing at least 51% of the total Class "A" votes. Subject to Article III, there shall be no limitation on the scope of amendments to the Design Guidelines; the Declarant is expressly authorized to amend the Design Guidelines to remove requirements previously imposed or otherwise to make the Design Guidelines more or less restrictive in whole or in part. The Association shall make the Design Guidelines, as amended from time to time, available to Owners and Builders who seek to engage in development or construction within the Properties, and all such Persons shall conduct their activities in accordance with such Design Guidelines. In the Declarant's discretion, any amended Design Guidelines may be recorded in the Official Records, in which event the recorded version, as it may be amended from time to time, shall control in the event of any dispute as to which version of the Design Guidelines was in effect at any particular time. All structures and improvements constructed upon a Unit shall be constructed in substantial compliance with the plans and specifications for such improvements submitted and approved by the Reviewing Body. So long as the Reviewing Body has acted in good faith, its findings and conclusions with respect to appropriateness of, applicability of, or compliance with the Design Guidelines and this Declaration shall be final. (b) Procedures. Prior to commencing any activity requiring approval under this Article V, an Owner shall submit an application for approval of the proposed work to the Reviewing Body. Such application shall be in the form required by the Reviewing Body and shall include, but not be limited to, plans and specifications ("Plans") showing site layout, structural design, exterior elevations, exterior materials and colors, signs, landscaping, drainage, lighting, irrigation, utility facilities layout and screening therefore and other features of proposed construction, as required by the Design Guidelines and as applicable. The Reviewing Body may require the submission of such additional information as it deems necessary to consider any application. In reviewing each submission, the Reviewing Body may consider whatever reasonable factors it deems relevant, including, but not limited to, visual and environmental impact, ecological and archeological compatibility, natural platforms and finish grade elevation, harmony of external design with surrounding structures and environment, location in relation to surrounding structures and plant life, compliance with the general intent of the environmental and design philosophy stated in Article III, and architectural merit. Decisions may be based purely on aesthetic considerations. Each Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability and/or attractiveness of particular improvements. The Reviewing Body shall, within the period specified in the Design Guidelines, advise the party submitting the same, in writing, at an address specified by such party at the time of submission, of (i) approval of Plans, or (ii) segments or features of the Plans which are deemed to be inconsistent or not in conformity with this Declaration and/or the Design Guidelines. If the Reviewing Body fails to advise the submitting party by written notice within the period specified in the Design Guidelines of either the approval or disapproval and suggestions for curing objections, approval shall be deemed to have been denied unless the Reviewing Body fails to respond within an additional 30 days following written request from the applicant, in which case approval shall be deemed as having been given. Notice shall be deemed to have been given at the time the envelope containing such notice, properly addressed, and postage prepaid, is deposited with the U.S. Postal Service, registered or certified mail, return receipt requested. Personal delivery, electronic and facsimile transmission of such written notice shall, however, be sufficient and shall be deemed to have been given at the time of delivery to the submitting party. If construction does not commence on a project for which Plans have been approved within 180 days of such approval, such approval shall be deemed withdrawn, and it shall be necessary for the Owner to resubmit the Plans to the Reviewing Body for reconsideration. If construction is not completed on a project for which Plans have been approved within one and one-half years of such approval, such approval may, in the sole discretion of the Reviewing Body, be deemed withdrawn, and such incomplete construction shall then be deemed in violation of this Declaration. 3.4 No Waiver of Future Approvals. Each Owner acknowledges that the members of the Board and Reviewing Body will change from time to time and that interpretation, application and enforcement of the Governing Documents may vary accordingly. Approval of proposals, plans and specifications, or drawings for any work done or proposed, or in connection with any other matter requiring approval, shall not be deemed to constitute a waiver of the right to Page 4 withhold approval as to any similar proposals, plans and specifications, drawings, or other matters subsequently or additionally submitted for approval. Should the Reviewing Body permit non- conforming improvements, it shall not be construed as a waiver of future enforcement rights or permission for future noncompliance. 3.5 Variances. The Reviewing Body may authorize variances or deny approvals (a) when reasonable circumstances dictate, such as unusual topography, natural obstructions, hardship or aesthetic or environmental considerations, and (b) when construction in substantial accordance with the variance would be consistent with the purposes of the Declaration and com- patible with existing and anticipated uses of adjoining properties, or construction if not disap- proved would have a significant detrimental effect on adjoining properties or Valley Ranch. To that end, a variance shall not be authorized unless the Reviewing Body shall find, upon sufficient evidence: (i) that there are special circumstances or conditions applying to the lot, building or use referred to in the plans which do not apply to other properties within Valley Ranch; and, (ii) that such special circumstances were not created by the owner/applicant; and, (iii) that approval of the variance is necessary for the preservation and enjoyment of substantial property rights; and, (iv) that approval of the variance will not be materially detrimental to the existing and anticipated used of adjoining properties or Valley Ranch. Notwithstanding the above, the Reviewing Body may not authorize variances without the consent of the Declarant during the Class "B" Control Period. 3.6 Limitation of Liability. Neither the Declarant, the Association, the Board, the DRC, nor any member or officer of the foregoing, shall bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements. Neither the Declarant, the Association, the Board, the DRC, nor any member or officer of any of the foregoing shall be held liable for any injury, damages, or loss arising out of the manner or quality of approved construction on or modifications to any Unit. In all such matters, the Declarant, the Board, the DRC and their members and officers shall be defended and indemnified on demand by the Association, including as provided in the By -Laws. 3.7 Enforcement. All approvals granted hereunder shall be deemed conditioned upon completion of all elements of the approved work and all work previously approved with respect to the same Unit, unless approval to modify any application has been obtained. The Association shall be primarily responsible for enforcement of this Article in accordance with the Governing Documents. If, however, in the discretion of the Declarant, the Association fails to take appropriate enforcement action within a reasonable time period, the Declarant, during the Class "B" Control Period or for so long as it owns any portion of the Properties or has a right to annex property pursuant to Section 9.1, shall be authorized to exercise any enforcement rights which could have been exercised by the Association. COMMUNITY GOVERNANCE AND ADMINISTRATION ARTICLE 4 THE ASSOCIATION AND ITS MEMBERS 4.1 Functions of Association. The Association shall be (i) the entity responsible for management, maintenance, operation and control of the Area of Common Responsibility; (ii) the primary entity responsible for compliance with and enforcement of the Governing Documents; and (iii) the entity permitted to provide for and fund such community activities and services as deemed necessary, appropriate or desired in accordance with the Governing Documents. The Association shall also be responsible for preparing those statements and certificates required under Montana law. Any action, approval, duty or other matter to be performed or undertaken by the Association or the Board under the terms of the Governing Documents may be delegated in writing to any other person if the Board determines such delegation to be in the best interests of the Owners. The Association shall perform its functions in accordance with the Governing Documents and Montana law. 4.2 Membership. Every Owner shall be a Member of the Association. There shall be only one membership per Unit. If a Unit is owned by more than one Person, all co - Owners shall share the privileges of such membership, subject to reasonable Board regulation and the restrictions on voting set forth in Section 4.3(c) and in the By -Laws, and all such co - Owners shall be jointly and severally obligated to perform the responsibilities of Owners. The membership rights of an Owner which is not a natural person may be exercised only by any officer, director, partner or trustee, or by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association. 4.3 Voting. The Association shall have two classes of membership, Class "A" and Class "B." (a) Class "A". Class "A" Members shall be all Owners except the Class "B" Member, if any. Class "A" Members shall have one vote for each Unit in which they hold the interest required for membership under Section 4.2, except that there shall be only one vote per Unit and no vote shall be exercised for any property which is exempt from assessment under Section 6.11. All Class "A" votes shall be cast as provided in Section 4.3(c) below. If a Unit consists of real property which has not been platted into individual Units, the Owner of such Unit shall be deemed to own the number of Units equal to the maximum number of individual units permitted for such Unit under the appropriate Master Plan. Page 5 (b) Class "B". The sole Class "B" Member shall be the Declarant. The Class "B" Member may appoint a majority of the members of the Board until termination of the Class "B" Control Period, as set forth below. Additional rights of the Class "B" Member, including the right to approve, or withhold approval of, actions proposed under this Declaration, the By -Laws and the Articles, are specified in the relevant sections of this Declaration, the By -Laws and the Articles. The Class "B" membership, and thus the Class "B" Control Period, shall terminate upon the earlier of: (1) when 75% of the total number of Units permitted under the most current Master Plan have been conveyed to Owners other than the Declarant or affiliates thereof, (2) 7 years after the first sale of a Unit or Lot within the real property. (3) when, in its discretion, exercised in writing and delivered to the Board and recorded in the Official Records, the Declarant so determines. ARTICLE 5 ASSOCIATION POWERS AND RESPONSIBILITIES 5.1 Acceptance and Control of Association Property. The Association may acquire, hold, and dispose of tangible and intangible personal property and real property. Declarant may convey to the Association improved or unimproved real estate located within the Properties, including personal property and leasehold and other property interests. Such property shall be accepted by the Association and thereafter shall be maintained as Area of Common Responsibility by the Association at its expense for the benefit of its Members. 5.2 Maintenance of the Area of Common Responsibility. (a) The Association shall maintain and keep in good repair the Area of Common Responsibility. The Association may also maintain and improve other property which it does not own, including, without limitation, arroyos, ditches, water courses, wetlands, streams, water courses, and stream beds, wildlife habitats, and property, including any trail systems, that may be dedicated to public use, if the Board determines that such maintenance is necessary or desirable and if otherwise permitted by applicable law. 5.3 Maintenance in Public Rights -of -Way. The Association may, in its reasonable discretion, locate and maintain all improvements that are located within or on public easements or public rights -of -way in accordance with applicable ordinances of the City of Kalispell, Montana and/or County of Flathead, Montana, and the terms of any easements or licenses applicable. Page 6 Upon termination of the Class "B" membership, the Declarant shall be a Class "A" Member, entitled to as many votes as it owns Units. (c) Exercise of Voting Rights. Except as otherwise specified in this Declaration or the By -Laws, the vote for each Unit owned by a Class "A" Member shall be exercised by such Owner. In any situation where a Member is entitled personally to exercise the vote for his or her Unit, and there is more than one Owner of such Unit, the vote for such Unit shall be exercised as the Co -Owners determine among themselves and advise the Secretary of the Association in writing prior to the vote being taken. Absent such advice, the Unit's vote shall be suspended if more than one Person seeks to exercise it. Unless otherwise provided in this Declaration, any act for which the vote of the Members is required shall be approved if consented to by those Members whose combined votes constitute more than fifty percent (50%) of all votes attributable to the Members entitled to vote thereon at any meeting or action in lieu of a meeting at which a quorum is present. Except as otherwise specifically provided herein, all costs for maintenance, repair and replacement of the Area of Common Responsibility shall be a Common Expense allocated among all Units as part of the Base Assessment, without prejudice to the right of the Association to seek reimbursement from Persons responsible for such work pursuant to this Declaration, any Covenant to Share Costs, other recorded covenants, or agreements with such Persons. (b) The Association shall maintain the facilities and equipment within the Area of Common Responsibility in continuous operation, except for any periods necessary, as determined in the sole discretion of the Board, to perform required maintenance or repairs, unless the Board and the Class "B" Member, if any, agree in writing to discontinue such operation. (c) The costs associated with maintenance, repair and replacement of the Area of Common Responsibility shall be a Common Expense; provided, the Association may seek reimbursement from the Owner(s) of, or other Persons responsible for, certain portions of the Area of Common Responsibility pursuant to this Declaration, any Covenant to Share Costs, other recorded covenants, or agreements with the owner(s) thereof. Nothing in this Section 5.2 shall prejudice the right of the Association to seek reimbursement from any Person whose negligent or wrongful acts or omissions necessitated such repairs or replacement. 5.4 Insurance. To the extent deemed reasonably necessary by the Board, the Association shall obtain and continue in effect whatever insurance the Board deems necessary, including, but not limited to, property insurance, liability insurance, and Directors and officers Errors and Omissions insurance. 5.5 Compliance and Enforcement. (a) Every Owner and every occupant of a Unit shall comply with the Governing Documents and all rules, regulations and policies of the Association. The Board may impose sanctions for violation of the foregoing, after notice and an opportunity for a hearing in accordance with the procedures set forth in the By -Laws. Such sanctions may include, without limitation, some or all of the following: (1) reasonable monetary fines (including for failure to grant reasonable permission to enter a Unit as may be reasonably requested by the Association in accordance with this Declaration) which shall constitute a lien upon the violator's Unit. (If any occupant, guest or invitee of a Unit violates the Declaration, the By -Laws or any rule or regulation and a fine is imposed, the fine shall first be assessed against the occupant; provided, however, if the fine is not paid by the occupant within the time period set by the Board, the Owner shall pay (6) requiring an Owner, at its own expense, to remove any structure or improvement on such Owner's Unit or Lot in violation of Article 3 and to restore the Unit to its previous condition and, upon failure of the Owner to do so, the Board or its designee shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as previously existed and any such action shall not be deemed a trespass; (7) without liability to any Person, precluding any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with the terms and provisions of Article 3 from continuing or performing any further activities in the Properties; and (8) levying Benefited Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents. (b) In addition, the Board may take the following enforcement procedures to ensure compliance with the Governing Documents without the necessity of compliance with the procedures set forth in the By -Laws: (1) exercising self-help in any emergency situation, and (2) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both. All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the provisions of the Governing Documents or any rule or regulation, the Association shall be entitled to recover Page 7 the fine upon notice from the Board). Such fines shall be levied in accordance with applicable law. (2) suspending an Owner's right to vote; (3) suspending any Person's right to use any recreational facilities within the Common Area (provided, however, nothing herein shall authorize the Board to prohibit ingress or egress to or from a Unit); (4) suspending any services provided by the Association to an Owner or the Owner's Unit if the Owner is more than 30 days delinquent in paying any assessment or other charge owed to the Association; (5) exercising self-help or taking action to abate any violation of the Governing Documents in a non -emergency situation (specifically including, but not limited to, the towing of vehicles that are in violation of any applicable parking rules and regulations); all costs, including, without limitation, attorneys fees and court costs, reasonably incurred in such action. The Association shall not be obligated to take action to enforce any covenant, restriction, or rule which the Board reasonably determines is, or is likely to be construed as, inconsistent with the applicable law, or in any case in which the Board reasonably determines that it would not be economically prudent or would otherwise not be of sufficient benefit to the Association to justify taking enforcement action. Any such determination shall not be construed a waiver of the right of the Association to enforce such provision at a later time under other circumstances or stop the Association from enforcing any other covenant, restriction or rule. The Association shall have the right to enter private property to enforce rules, after written notification, such as to manage weeds, correct drainage issues, service easements, maintain fencing, and inspect the grounds or activities. If violations are found the Association shall have the right to 1) fine the negligent Owner per day for said continued violation and the fines shall be a continuing lien upon the Owners property, 2) correct the violation and charge the Owner -Lot Owner for the reasonable cost thereof, and/or maintain any action in law or equity for enforcement of the covenants. 5.6 Implied Rights; Board Authority. The Association may exercise any right or privilege given to it expressly by the Governing Documents or which may be reasonably implied from, or reasonably necessary to effectuate, any such right or privilege. Except as otherwise spe- cifically provided in the Governing Documents, or by law, all rights and powers of the Association may be exercised by the Board without a vote of the membership. 5.7 Disclaimer of Liability. Neither the Association, the Board, any officers or committee members of the Association, the Association's management company, the Declarant, nor any successor Declarant shall be liable or responsible for any personal injury, illness or any other loss or damage caused by the presence or malfunction of utility lines, or utility sub -stations adjacent to, near, over, or on the Properties. Each Owner and occupant of a Unit and each tenant, guest, and invitee of any Owner, Declarant, or occupant shall assume all risk of personal injury, illness, or other loss or damage arising from the presence or malfunction of utility lines, utility sub -stations, and electromagnetic fields and further acknowledges that the Association, the Board, the officers of the Association, the management company of the Association, the Declarant or any successor Declarant have made no representations or warranties, nor has any Owner or occupant, or any tenant, guest, or invitee of any Owner, Declarant, or occupant relied upon any representations or warranties, expressed or implied, relative to the condition or impact of utility lines or utility sub -stations, or electromagnetic fields. No provision of the Governing Documents shall be interpreted as creating a duty of the Association, the Board, the officers of the Association, the management company of the Asso- ciation, the Declarant nor any successor Declarant to protect or further the health, safety or wel- fare of any Person(s), even if the funds of the Association are used for any such purpose. Each Owner (by virtue of his or her acceptance of title to his or her Unit) and each other Person having an interest in or lien upon, or making any use of, any portion of the Properties (by virtue of accepting such interest or lien or making such use) shall be bound by this Section 5.7 ARTICLE 6 ASSOCIATION FINANCES 6.1 Budgeting and Allocating Common Expenses. Not less than 30 days before the beginning of each fiscal year, the Board shall prepare a budget covering the Common Expenses estimated to be incurred during the coming year. The budget may include a reserve fund as provided below. The Base Assessment shall be levied equally against all Units subject to assessment and shall be set at a level which is reasonably expected to produce total receipts for the Association equal to the total budgeted Common Expenses, including contributions to reserves. In determining the level of assessments, the Board, in its discretion, may consider other sources of funds available to the Association. In addition, the Board shall take into account the number of Units subject to assessment under Section 6.9 on the first day of the fiscal year for which the budget is prepared and the number of Units reasonably anticipated to become subject to assessment during the fiscal year. The Declarant may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy (in addition to any amounts paid by Declarant under Section 6.4), which may be either a contribution, an advance against future assessments due from the Declarant, or a loan, in the Declarant's discretion. Any such subsidy shall be disclosed as a Page 8 and shall be deemed to have waived any and all rights, claims, demands and causes of action against the Association, the Board, the officers of the Association, the Association's management company, the Declarant and any successor Declarant arising from or connected with any matter for which the liability has been disclaimed. 5.8 Security. It is the goal of all Owners, including Declarant, to have a safe and healthy environment. The Association may, but shall not be obligated to, maintain or support certain activities within the Properties designed to make the Properties safer than they otherwise might be; provided, neither the Association, the Board, the officers of the Association, the Asso- ciation's management company, nor the Declarant or any successor Declarant, shall in any way be considered insurers or guarantors of security within the Properties. Neither the Association, the Board, the officers of the Association, the Association's management company, nor the De- clarant or any successor Declarant shall be held liable for any loss or damage for failure to provide adequate security or for the ineffectiveness of security measures undertaken. 5.9 Pedestrian Trail System Open to the Public. All Owners hereby acknowledge that hiking, bicycle, pedestrian or similar type trail system or systems located within all or a portion of the Properties may be maintained by the Association, and may be open for the use and enjoyment of the public in accordance with any applicable rules, regulations and ordinances of the City of Kalispell, Montana and/or County of Flathead, Montana. line item in the Common Expense budget. The payment of such subsidy in any year shall not obli- gate the Declarant to continue payment of such subsidy in future years. Notice of assessments shall be posted in a prominent place within the Properties and included in the Association's newsletter, if any. If the Board fails for any reason to determine the budget for any year, then and until such time as a budget shall have been determined, the budget in effect for the immediately preceding year shall continue for the current year. 6.2 Budgeting for Reserves. The Board shall prepare, on an annual basis, reserve budgets which take into account the number and nature of replaceable assets, the expected life of each asset, and the expected repair or replacement cost of each asset. Such reserve budgets may also anticipate making additional capital improvements and purchasing additional capital assets. The Board shall include in the Base Assessments reserve contributions in amounts sufficient to meet these projected needs, if any, as well as reserves to meet any other reasonable purpose, including reserves for delinquent assessments. The Board may adopt resolutions regarding the expenditure of reserve funds, including policies designating the nature of assets for which reserve funds may be expended. During the Class "B" Control Period, neither the Association nor the Board shall adopt, modify, limit, or expand such policies without the Declarant's prior written consent. 6.3 Authority to Assess Owners, Time of Payment. The Association may levy assessments against each Unit for Association expenses as the Board may specifically authorize from time to time. There shall be four types of assessments for Association expenses: (a) Base Assessments; (b) Special Assessments; and (c) Benefited Assessments. Each Owner, by acquiring legal or equitable title for any portion of the Properties, is deemed to covenant and agree to pay these assessments. Assessments shall be paid in such manner and by such dates as the Board may establish. If any Owner is delinquent in paying any assessments or other charges levied on his or her Unit, the Board may assess a late charge and require unpaid installments of all outstanding assessments to be paid in full immediately. 6.4 Declarant's Option to Fund Budget Deficits. During the Class "B" Control Period, Declarant may annually elect either to pay assessments on all of its unsold Units or to pay the shortage (or operating deficit), if any, for such fiscal year; provided however, Declarant shall not be responsible for any shortage resulting from the failure of any Owner to pay assessments applicable to such Owner. Such "shortage" shall be deemed to exist if Income and Revenues, as defined in paragraph (a) below, are less than Expenditures incurred, as defined in paragraph (b) below. (a) Income and Revenues are: the amount of all income and revenue of any kind received and/or earned by the Association, excluding refundable deposits. (b) Expenditures are: the amount of all actual operating expenses incurred, or obligated for, by the Association during the fiscal year, including any reserve 6.6 Benefited Assessments. The Board may levy Benefited Assessments against particular Units for expenses incurred or to be incurred by the Association as follows: (a) to cover the costs or reasonable portion thereof, including overhead and administrative costs, of providing benefits, items, or services to the Unit or occupants thereof upon request of the Owner pursuant to a menu of special services which the Board may from time to time authorize, which assessments may be levied in advance of the provision of the requested benefit, item or service as a deposit against charges to be incurred by the Owner; and (b) to cover costs incurred (including overhead and administrative costs) in bringing the Unit into compliance with the Governing Documents or costs incurred (including overhead and administrative costs) as a consequence of the conduct of the Owner or occupants of the Unit, their licensees, invitees, or guests; provided, the Board shall give the Unit Owner prior written notice and an opportunity for a hearing before levying a Benefited Assessment under this subsection (b). 6.7 Personal Obligation. Each Owner is deemed to covenant and agree to pay all assessments authorized in this Declaration (and, with respect to Units owned jointly, all such Page 9 contributions for such year, but excluding all non -cash expenses such as depreciation or amortization, all expenditures and reserve contributions for making additional capital improvements or purchasing additional capital assets, and all expenditures made from reserve funds. (c) Unless the Declarant otherwise notifies the Board in writing at least 60 days before the beginning of each fiscal year, the Declarant shall be deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal year. The Association is specifically authorized to enter into subsidy contracts or contracts for "in -kind" contribution of services, materials, or a combination of services and materials with the Declarant or other entities for payment of Common Expenses. After termination of the Class "B" Control Period, the Declarant shall pay assessments on its unsold Units in the same manner as any other Owner. 6.5 Special Assessments. In addition to other authorized assessments, the Board may levy Special Assessments from time to time to cover unbudgeted expenses or expenses in excess of those budgeted, including sums expended on capital -type items, to the extent not included within Base Assessments. Such Special Assessment may be levied against the entire membership, if for Common Expenses. Such Special Assessments shall become effective unless disapproved by the Declarant during the Class "B" Control Period within 60 days following the levy of such assessment. Special Assessments shall be payable in such manner and at such times as determined by the Board and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. Owners are deemed to covenant and agree to pay assessments jointly and severally). All assessments, together with interest from the due date of such assessment at the rate of 15% or highest rate allowable under Montana law, per annum unless a different rate is determined by the Board, reasonable late charges established by Board, costs, and attorney's fees, shall be the personal obligation of the Person who was the Owner of such Unit at the time the assessment arose. Upon a transfer of legal or equitable title to a Unit, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. However, no first Mortgagee who obtains title to a Unit by exercising the remedies provided in its Mortgage shall be liable for unpaid assessments which accrued prior to such acquisition of title. No Owner may exempt himself from liability for assessments by non-use of Common Area, abandonment of his Unit, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or set-off shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. The Board shall, upon written request, furnish to any Owner liable for any type of assessment or its Mortgagee a certificate in writing signed by an officer of the Board or its designated agent setting forth whether such assessment has been paid and the amount of any unpaid assessments, within the time periods prescribed by law. A properly -executed certificate of the Board as to the status of assessments on a Unit will be binding on the Board as of the date of 6.8 Lien for Assessments. All assessments shall constitute a lien against the Unit against which they are levied until paid unless otherwise specifically precluded in this Declaration. The lien shall also secure payment of all interest, late charges, costs of collection and such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other levies which by law would be superior, and (b) the lien or charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. By recordation of this Declaration, the Association is granted a perfected, consensual and continuing lien upon each Unit against which an assessment is made or has been incurred for the payment of amounts due pursuant to this Declaration, and any further recordation of any claim of lien or notice of lien is not required for perfection or enforcement of the Association's lien for assessments and other such amounts. The Association may enforce such lien, when any assessment or other charge is delinquent, or take any other action either independently or simultaneous to the extent permitted at law or in equity, including the foreclosure of any said liens. The Association may bid for the Unit at the foreclosure sale and acquire, hold, lease, mortgage, and convey the Unit. While a Unit is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Unit shall be charged, in addition to its usual assessment, its equal pro rata share of the assessment that would have been charged such Unit had it not been acquired by the Associa- tion. The Association may sue or take any other action permitted at law or in equity for unpaid Common Expenses and costs without foreclosing or waiving the lien securing the same. 6.11 Exempt Property. The following property shall be exempt from payment of assessments: (a) all Common Area; and, (b) all property dedicated to and accepted by any governmental authority or public utility. In addition, the Declarant and/or the Association shall have the right, but not the obligation, to grant exemptions to certain Persons qualifying for tax-exempt status under Section 501(c) of the Internal Revenue Code so long as such Persons own and operate property subject to this Declaration for purposes listed in Section 501 (c) and for the purposes for which such exemption was granted. COMMUNITY DEVELOPMENT ARTICLE 7 EXPANSION AND REDUCTION OF THE COMMUNITY issuance of the certificate and for the time periods specified in the certificate. Payment of a processing fee for the issuance of such certificate may be required. The sale or transfer of any Unit shall not affect the assessment lien or relieve such Unit from the lien for any subsequent assessments. However, a Mortgagee holding a first Mortgage of record or other purchaser of a Unit who obtains title pursuant to foreclosure of the Mortgage shall not be personally liable for assessments on such Unit due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Units subject to assessment, including such acquirer, its successors and assigns. 6.9 Date of Commencement of Assessment Obligations. The obligation to pay assessments shall commence as to each Unit on the first day of the month following: (a) the date the Unit is made subject to this Declaration, or (b) the date the Association first determines a budget and levies assessments pursuant to this Article, whichever is later. The first annual Base Assessment against each Unit shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Unit. 6.10 Failure to Assess. Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay assessments on the same basis as for the last year for which an assessment was made, if any, until a new assessment is made, at which time the Association may retroactively assess any shortfalls in collections. Page 10 7.1 Expansion by the Declarant. Declarant may from time to time, subject to the provisions of this Declaration, incorporate all or any portion of the real property located adjacent to or in the vicinity thereof by filing a Supplemental Declaration in the Official Records describing the additional property to be subjected. A Supplemental Declaration filed pursuant to this Section shall not require the consent of any Person except the owner of such property, if other than Declarant. The Declarant's right to expand the community pursuant to this Section shall expire upon termination of the Class "B" Control Period or 20 years after the recording of this Declaration in the Official Records, whichever is earlier. Nothing in this Declaration shall be construed to re- quire the Declarant or any successor to subject additional property to this Declaration or to de- velop any other property in any manner whatsoever. 7.2 Expansion by the Association. The Association may also subject additional property to the provisions of this Declaration by filing a Supplemental Declaration in the Official Records describing the additional property. Any such Supplemental Declaration shall require the affirmative vote of Members representing a majority of the Class "A" votes of the Association and the consent of the owner of the additional property. In addition, during the Class "B" Control Period, the consent of the Declarant shall be necessary. The Supplemental Declaration shall be signed by the President and Secretary of the Association, by the owner of the additional property, and by Declarant, if Declarant's consent is necessary. 7.3 Additional Covenants and Easements. The Declarant may subject any portion of the Properties to additional covenants and easements, including covenants obligating the Association to maintain and insure such property and authorizing the Association to recover its costs through Assessments. Such additional covenants and easements may be set forth either in a Supplemental Declaration subjecting such property to this Declaration or in a separate Supplemental Declaration referencing property previously subjected to this Declaration. If the property is owned by someone other than Declarant, then the consent of the Owner(s) shall be necessary and shall be evidenced by their execution of the Supplemental Declaration. Any such Supplemental Declaration may supplement, create exceptions to, or otherwise modify the terms of this Declaration as it applies to the subject property in order to reflect the different character and intended use of such property. 7.4 Effect of Filing Supplemental Declaration. Any Supplemental Declaration filed pursuant to this Article shall be effective upon recording in the Official Records unless otherwise specified in such Supplemental Declaration. On the effective date of the Supplemental Declara- tion, any additional property subjected to this Declaration shall be assigned voting rights in the Association and assessment liability in accordance with the provisions of this Declaration. 7.5 De -annexation of Property. Declarant reserves the right to de -annex any real property from the terms of this Declaration at any time during the Class "B" Control Period without prior notice and without the consent of any Person, for the purpose of removing such real property from the coverage of this Declaration or clarifying that such property is no longer subject to annexation, provided such action is not materially adverse to the overall, uniform scheme of de- velopment for the Properties. If Declarant elects to de -annex any property, Declarant shall record The Declarant and its employees, agents and designees shall also have a right and easement over and upon all of the Common Area for the purpose of making, constructing and in- stalling such improvements to the Common Area as it deems appropriate in its sole discretion. 8.3 Other Covenants Prohibited. No Person shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of the Properties during the Class "B" Control Period without Declarant's written consent. Any attempted recordation without such consent shall result in such instrument being void and of no force and effect unless subsequently approved by recorded consent signed by the Declarant. 8.4 Right to Approve Changes. Notwithstanding any contrary provision of this Declaration, no amendment to or modification of any rules, use guidelines or restrictions, or Governing Documents affecting the Properties shall be effective without prior notice to and the written approval of the Declarant during the Class "B" Control Period. Page I I a Supplemental Declaration in the Official Records. A change in the Owners percentage in Common Elements shall not be a material adverse change. ARTICLE 8 RIGHTS RESERVED TO DECLARANT 8.1 Construction of Improvements. The Declarant and its employees, agents and designees shall have a right and easement over and upon all of the Common Area for the purpose of making, constructing, installing, modifying, expanding, replacing, and removing any improve- ments to the Common Area as it deems appropriate in its sole discretion. 8.2 Right to Use Common Area. The Declarant and its designees may maintain and carry on upon portions of the Common Area such facilities and activities as, in the sole opinion of the Declarant, may be required, convenient, or incidental to the construction or sale of Units, including, but not limited to, business offices, signs, model Dwelling Units, and sales offices. The Declarant and its designees shall have easements for access to and use of such facilities. The Declarant and its designees, during the course of construction on the Properties adjacent to any Common Area, may use such Common Area for temporary storage and for facilitating construction on adjacent property. The user of such Common Area will return the Common Area to the condition it was in prior to its use. If the Declarant use under this Section results in additional costs to the Association, the Declarant shall reimburse the Association for such costs, but the Declarant shall not be obligated to pay any use fees, rent or similar charges for its use of Common Areas pursuant to this Section. 8.5 Right to Transfer or Assign Declarant Rights. Any or all of the rights and obligations of the Declarant set forth in this Declaration may be transferred to other Persons. No such transfer shall be effective unless it is in a written instrument signed by the Declarant and duly recorded in the Official Records. 8.6 Amendment. This Article shall not be amended without the prior written consent of Declarant during the Class "B" Control Period. The rights contained in this Article shall terminate upon the earlier of (a) 50 years after the conveyance of the first Unit to an Owner, or (b) the recording by Declarant of a written statement terminating such rights. Thereafter, the Declarant and its designees may continue to use the Common Area for purposes stated in this Article only pursuant to a rental or lease agreement between the Declarant and/or such designee and the Association. PROPERTY RIGHTS WITHIN THE COMMUNITY ARTICLE 9 FARFMFNTR 9.1 Easements in Common Area. Every Owner shall have a right and nonexclusive easement of use, access, and enjoyment in and to the Common Area, and such right and nonexclusive easement shall be appurtenant to such Owner's Unit, subject to: (c) The right of the Board to adopt rules, regulations or policies regulating the use and enjoyment of the Common Area, including rules restricting use of recreational facilities within the Common Area to owners of Units and their guests, and rules limiting the number of occupants and guests who may use the Common Area; (d) The right of the Board to suspend the right of an Owner to use recreational facilities within the Common Area; (e) The right of the Association to dedicate or transfer all or any part of the Common Area to governmental entities ; (f) The right of the Board to impose reasonable membership requirements and charge reasonable membership, admission, or other fees for the use of any recreational facility situated upon the Common Area; (g) The right of the Board to permit use of any Common Area recreational, educational, or cultural facilities by non -Owners, their families, lessees, invitees and guests; 9.2 Easements of Encroachment. Declarant reserves unto itself easements of encroachment, and easements for maintenance and use of any permitted encroachment, between each Unit and any adjacent Common Area and between adjacent Units due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with this Declaration) to a distance of not more than three feet, as measured from any point on the common boundary along a line perpendicular to such boundary. However, in no event shall an easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of the Declarant. Additionally, Declarant reserves easements of encroachment (not more than one foot in distance from any Unit boundary line) for Unit Owners if the encroachment was unintentional and the encroaching item or structure was built in substantial conformity with plans approved by the appropriate Reviewing Body pursuant to Article 3. 9.3 Easements for Utilities, Etc. Declarant reserves unto itself, and grants to the Association, an easement for the purpose of access and maintenance upon, across, over, and under all of the Properties to the extent reasonably necessary to install, replace, repair, and maintain cable television systems, master television antenna systems, security and similar systems, roads, walkways, bicycle pathways, trails, lakes, ponds, streams or other watercourses, wetlands, drainage systems, street lights, signage, and all utilities, including, but not limited to, water, sewers, meter boxes, telephone, gas, and electricity. The Declarant and/or the Association (a) This Declaration, and any other applicable covenants; (b) Any restrictions or limitations contained in any deed conveying such property to the Association; (h) The right of the Board to create, enter agreements with, grant easements to and transfer portions of the Common Area to non-profit or tax-exempt organizations; (i) The right of the Board, with respect to Common Area, to enter agreements with or grant easements to neighboring property owners; (j) The right of the Association to mortgage, pledge, or hypothecate any or all of its real or personal property as security for Association obligations; (k) The right of the Board to change the use of any portion of the Common Area (with the consent of the Declarant during the Class "B" Control Period); and (1) The rights and obligations of the Association, acting through its Board, to restrict, regulate or limit Owners' and occupants' use of the Common Area for health and safety purposes, or for environmental preservation purposes, including, without limitation, wildlife corridors, wildlife ranges and natural wildlife habitant. may assign these rights to any local utility supplier, cable company, security company or other company providing a service or utility to Valley Ranch subject to the limitations herein. This easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities over, under or through any existing Dwelling Unit, and any damage to a Unit resulting from the exercise of this easement shall promptly be repaired by, and at the expense of, the Person exercising the easement. The exercise of this easement shall not unreasonably interfere with the use of any Unit and, except in an emergency, entry onto any Unit shall be made only after reasonable notice to the Owner or occupant. Page 12 Declarant specifically grants to the local utility suppliers easements across the Properties for ingress, egress, installation, reading, replacing, repairing, and maintaining utility meters and boxes. However, the exercise of this easement shall not extend to permitting entry into the Dwelling Unit on any Unit, nor shall any utilities be installed or relocated on the Properties, except as approved by the Board and Declarant during the Class "B" Control Period. 9.4 Easements to Serve Additional Property. The Declarant hereby reserves unto itself and its duly -authorized agents, representatives, employees, successors, assigns, licensees, and Mortgagees, an easement over the Common Area for the purposes of enjoyment, use, access, and development of the real properties adjacent to Valley Ranch, whether or not such property is made subject to this Declaration. This easement includes, but is not limited to, a right of ingress and egress over the Common Area for construction of roads and for connecting and installing utilities on such property. Declarant further agrees that if the easement is exercised for permanent enjoyment and use of and/or access to such property, and such property or any portion thereof is not made subject to this Declaration, the Declarant shall enter into a reasonable 9.5 Easements for Cross -Drainage. Every Unit and the Common Area shall be burdened with easements for natural drainage of storm water runoff from other portions of the Properties; provided, no Person shall discharge any water, backwash any pool, spa or similar im- provements, or alter the natural drainage on any Unit to increase materially the drainage of storm water onto adjacent portions of the Properties or the Common Areas without the consent of the Owner(s) of the affected property, the Board, and the Declarant during the Class "B" Control Period. 9.6 Right of Entry. The Association shall have the right, but not the obligation, and a perpetual easement is hereby granted to the Association, to enter all portions of the Properties, including each Unit, for emergency, security, and safety reasons. Such right may be exercised by the authorized agents of the Association, its Board, officers or committees, and by all police officers, fire fighters, ambulance personnel, and similar emergency personnel in the performance of their duties. Except in emergencies, entry onto a Unit shall be only during reasonable hours and after notice to and permission from the Owner thereof. This easement includes the right to enter any dwelling on any Unit to cure any condition which increases the risk of fire or other hazard if an Owner fails or refuses to cure the condition within a reasonable time after request by the Board, but does not authorize entry into any Dwelling Unit without permission of the Owner, except by emergency personnel acting in their official capacities. Public providers of emergency services shall have access to Units in an emergency as provided by state law and, if applicable, City of Kalispell, Montana and/or County of Flathead, Montana, operating policies. 9.9 Easements for Lake and Pond Maintenance and Flood Water. Declarant re- serves for itself, the Association, and their successors, assigns, and designees, the nonexclusive right and easement, but not the obligation, to enter upon the arroyos, lakes, ponds, rivers, streams and wetlands located within the Area of Common Responsibility to, without limitation, (a) construct, maintain, and repair wells, pumps and water distribution facilities in order to provide water for the irrigation of any of the Area of Common Responsibility, (b) construct, maintain, and repair any bulkhead, wall, dam, or other structure retaining or channeling water, and (c) remove trash and other debris therefrom and fulfill their maintenance responsibilities as provided in this Declaration. Declarant, the Association, and their successors, assigns and designees shall have an access easement over and across any of the Properties abutting or containing any portion of any of the arroyos, lakes, ponds, rivers, streams, or wetlands to the extent reasonably necessary to exercise their rights under this Section. There is further reserved herein for the benefit of Declarant, the Association, and their successors, assigns and designees, a perpetual, nonexclusive right and easement of access and encroachment over the Common Area and Units (but not the dwellings thereon) adjacent to or within one hundred feet of arroyos, lake beds, ponds, rivers, streams and wetlands within the Properties, in order to (a) temporarily flood and back water upon and maintain water over such portions of the Properties; (b) fill, drain, dredge, deepen, clean, fertilize, dye, and generally maintain the arroyos, lakes, ponds, rivers, streams, and wetlands within the Area of Common Page 13 agreement with the Association to share the cost of maintenance of any access roadway serving such property. 9.7 Easements for Maintenance and Enforcement. Authorized agents of the Association, shall have the right, and a perpetual easement is hereby granted to the Association, to enter all portions of the Properties, including each Unit to (a) perform its maintenance responsibilities, if any, and (b) make inspections to ensure compliance with this Declaration. Except in emergencies, entry onto a Unit shall be only during reasonable hours and after notice to and permission from the Owner. This easement shall be exercised with a minimum of interference to the quiet enjoyment to Owners' property, and any physical damage caused by the Association shall be repaired by the Association at its expense. The Association also may enter a Unit to abate or remove, using such measures as may be reasonably necessary, any structure, thing or condition which violates the Governing Documents. 9.8 Rights to Storm Water Runoff, Effluent and Water Reclamation. Declarant hereby reserves for itself and its designees, all rights to ground water, surface water, storm water runoff, and effluent located or produced within the Properties. Such right shall include an easement over the Properties for access, and for installation and maintenance of facilities and equipment to capture and transport such water, runoff and effluent. This Section may not be amended without the consent of the Declarant or its successor, and the rights created in this Section shall survive termination of this Declaration. Responsibility subject to the approval of all appropriate regulatory bodies; (c) maintain and landscape the slopes and banks pertaining to such arroyos, lakes, ponds, rivers, streams, and wetlands; and (d) enter upon and across such portions of the Properties for the purpose of exercising their rights under this Section. All Persons entitled to exercise these easements shall use reasonable care in and repair any damage resulting from, the intentional exercise of the rights granted under such easements. Nothing herein shall be construed to make Declarant, the Association, or any other Person liable for damage resulting from flooding due to heavy rainfall, or other natural occurrences. 9.10 Easement for Use of Private Streets. The Declarant hereby creates a perpet- ual, nonexclusive easement for access, ingress and egress over the private streets within the Common Area (and any Exclusive Common Area), for law enforcement, fire fighting, paramedic, rescue and other emergency vehicles, equipment and personnel; for school buses; for U.S. Postal Service delivery vehicles and personnel; private delivery or courier services, and for vehicles, equipment and personnel providing garbage collection service to the Properties; provided, such easement shall not authorize any such Persons to enter the Properties except while acting in their official capacities. 9.11 Easements for Tax Exempt Organizations. Tax-exempt organizations desig- nated or established by the Declarant or the Association to maintain or assist in the preservation of any environmentally -sensitive areas, including but not limited to any wetlands or wildlife habitat areas, shall have easements over the Common Area to the extent necessary to carry out their responsibilities. ARTICLE 10 PARTY WALLS AND OTHER SHARED STRUCTURES 10.1 General Rules of Law to Apply. Each wall, driveway or similar structure built as a part of the original construction on the Units which serves and/or separates any two adjoining Units shall constitute a party structure. To the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 10.2 Maintenance; Damage and Destruction. All Owners whose Unit is served or separated by any party structure shall share the cost of reasonable repair and maintenance of such structure equally. If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has used the structure may restore it. If other Owners subsequently use the structure they shall contribute to the restoration cost in equal proportions. However, such contribution will not prejudice the right to call for a larger contribution from the other users under any rule of law regarding liability for negligent or willful acts or omissions. 10.3 Right to Contribution Runs With Land. The right of an Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors -in -title. 10.4 Disputes. Any dispute concerning a party structure shall be subject to the dispute resolution procedures set forth in Article XIII. ARTICLE 11 USE RESTRICTIONS 11.1 Owners shall be responsible for maintaining a weed maintenance program on their respective Lots to the minimum standards set forth by the Association. The Association shall maintain a weed management program on that area of common responsibility and the Association and its assigns hereby reserves an easement to include the right to notify, enter, and administer the weed management program on negligent Owner's Lots. The Association weed management program shall include those standards as are adopted by the Association board of directors on a yearly basis. Variance in methodology may be allowed in specific circumstances. 11.2 The collection and removal of domestic garbage and waste is the sole responsibility of the Owner. All garbage shall be kept in bear proof containers and collection facilities shall be contained within a closed area screened from public view. 11.3. The Association shall own and maintain the property line fencing, if any, and have a right to notify and enter Owners' properties if necessary for the sole purpose of maintaining said fence. 11.4 No vehicles or trailers shall be allowed to park on the driving service or shoulders of the public right of ways within Valley Ranch, outside of those designated areas. Special occasions may be allowed for Owner or permitted events if there are attendants for traffic control. The Association shall have the right to enforce the terms and provisions herein provided against the Owners responsible for said violations. Page 14 11.5 No recreational vehicles or trailers of any type, without a permit by the Board, shall be stored visibly upon a Lot without approved enclosures. This includes ATVs, boats, trailers, RVs, campers, snowmobiles, jet skis, etc. 11.6 The discharge of any firearms or explosives within the premises of Valley Ranch is strictly prohibited unless there is a permitted and/or approved special event or period approved by the board. 11.7 No signs shall be allowed to be maintained in public purview within Valley Ranch unless specifically approved by the Board, excepting there from road signs. No advertising signs shall be permitted without Board approval. Realtor signs shall be limited to 18 x 12 inch approved signs stating for sale with a phone number only; as approved by the Board. Non approved signs may be removed by the Association and/or Declarant. Address markers shall be standardized throughout the development and be approved by the Board. 11.8 The presence of any livestock, fowl, animal husbandry, free -roaming dogs or domestic animals, barnyard animals or other animals shall be strictly prohibited. 11.9 No inoperable vehicles, junk or waste of any kind shall be permitted to be piled or stored on any Lot for more than 10 days. The Association shall have the right to notify, enter, rectify, charge, and reasonably fine negligent parties. 11.10 Seasonal burning in accordance with the USFS, County and Local government rules and schedules shall be permitted only within supervised areas of The Area of Common Responsibility and with in each Lot. The intermittent burning of leaves and small brush shall be allowed as long as the aforesaid rules and schedules are followed. 11.12 No commercial activities shall be allowed on the premises that increase traffic or that produce offensive odors, smoke, noise, or traffic. 11.13 No gas, oil, mineral, quarry or gravel operations. 11.14 All utilities and maintenance areas shall be screened in such a way that said areas and amenities cannot be seen from the public right of ways. 11.15 No Lot shall be further subdivided without Declarant's prior written approval. ARTICLE 12 DISPUTE RESOLUTION AND LIMITATION ON LITIGATION 12.2 Claims. Unless specifically exempted in this Article, all Claims arising out of or relating to (i) the interpretation, application or enforcement of the Governing Documents, or (ii) the failure of the Declarant, the Association or the Board to properly conduct elections, give adequate notice of meetings, properly conduct meetings, allow inspection of books and records, or establish adequate reserve funds or (iii) the authority of the Association or the Board to take or not take any action under the Governing Documents; or (iv) the performance or non-performance by any Bound Parties of any of the respective obligations or responsibilities under the Governing Documents to or on behalf of any other Bound Parties; or (v) the rights, obligations and duties of any Bound Party under the Governing Documents or relating to the design or construction of improvements on the shall be subject to the provisions of Section 11.3. Notwithstanding the above, unless all parties thereto otherwise agree, the following shall not be Claims and shall not be subject to the provisions of Section 11.3: (a) any action or suit by the Association to enforce the provisions of Article 6 (Association Finances) including, without limitation, actions taken to enforce the collection of any assessments, to enforce or foreclose any lien in favor of the Association, or to determine the priority of any lien for assessments; (b) any suit by the Association to obtain a temporary or permanent restraining order (or emergency equitable relief) and such other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association's ability to enforce the provisions of Article 3 (Architectural Approval); With the consent of all parties thereto, any of the above may be submitted to the alternative dispute resolution procedures set forth in Section 11.3. 12.3 Mandatory Procedures. (a) Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent") (collectively, the "Parties") shall notify each Respondent in writing and provide a copy to the Board (the "Notice"), stating plainly and concisely: Page 15 12.1 Agreement to Avoid Litigation. The Declarant, the Association, its officers, di- rectors, and committee members, all Persons subject to this Declaration (including Owners, their family members and tenants), and any Person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, "Bound Parties") agree to encourage the amicable resolution of disputes involving the Properties, without the emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees that specified claims, grievances, controversies, disagreements or disputes described in this Section ("Claims") shall be resolved using alternative dispute resolution procedures in lieu of filing suit in any court, provided that the term "Claim" shall not include the acts of the Association and its agents to enforce the terms of this Declaration. (c) any suit between Owners, which does not include Declarant or the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Governing Documents; (d) any claim, grievance, controversy, disagreement or dispute that primarily involves (i) title to any Unit or Common Area, (ii) the interpretation or enforcement of any express or implied warranty made in connection with the sale of a Unit; (iii) the eviction of a tenant from a Unit, or (iv) and employment matter between the Association and any employee of the Association; (e) any action taken arising out of any separate written contract between Owners, between Declarant and any Owner, or between Declarant and any Builder that would constitute a cause of action under the laws of the State of Montana in absence of the Governing Documents; (f) any suit in which any indispensable party is not a Bound Party; and (g) any suit as to which any applicable statute of limitations would expire within 180 days of giving the Notice required by Section 11.3(a) unless the party or parties against whom the Claim is made agree to toll the statute of limitations as to such Claim for such period as may reasonably be necessary to comply with this Article. (1) the nature of the Claim, including the date, time, location, Persons involved and Respondent's role in the Claim; (2) the legal basis of the Claim (i.e., the specific authority out of which the Claim arises); (3) Claimant's proposed remedy; and (4) that Claimant will meet with Respondent to discuss in good faith ways to resolve the Claim. Negotiation and Mediation. The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing by the Board, accompanied by a copy of the Notice, the Board may appoint a representative to assist the Parties in negotiation. If the Parties do not resolve the Claim within 30 days of the date of the Notice (or within such other period as may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have 30 additional days to submit the Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. If the Parties do not settle the Claim within 30 days after submission of the matter to the mediation, or within such time as determined by the mediator, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). The Termination of Mediation notice shall set forth when and where the Parties met, that the Parties are at an impasse, the nature of the impasse, and the date that mediation was terminated. The Termination of Mediation may also establish any undisputed factual findings or agreed resolutions, as agreed upon by the Parties. All mediation discussions are privileged and confidential. Persons who are not Parties are not allowed to attend the mediation conference without the consent of the Parties. Any mediation resolution may be enforced in a court of law. Each of the Parties to a Claim will bear its own costs incurred prior to and during the negotiation and mediation proceeding described herein, including the fees of its attorney or other representative. Each Party to a Claim will share equally all costs of the mediator and, if and to the extent required, will pay its respective share of the costs in advance of the mediation as a condition to its continuation of the prosecution or defense of the Claim. The Claimant shall thereafter be entitled to sue in any court of competent jurisdiction or to initiate proceedings before any appropriate administrative tribunal on the Claim. 12.4 Enforcement of Resolution. If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with Section 11.3 and any Party thereafter fails to abide by the terms of such agreement, then any other Party may file suit or initiate administrative proceedings to enforce such agreement without the need to again comply with the procedures set forth in Section 11.3. In such event, the Party taking action to enforce the agreement or award shall be entitled to recover from the non -complying Party (or if more than one non -complying Party, from all such Parties pro rata ) all costs incurred in enforcing such agreement or Award, including, without limitation, attorneys' fees and court costs. Claim to such entity as is designated by the Association for mediating claims or, if the Parties otherwise agree, to an independent agency providing dispute resolution services in Montana. If Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to any Person other than the Claimant. ARTICLE 13 CHANGES IN COMMON AREA 13.1 Condemnation. Whenever any part of the Common Area shall be taken or conveyed under threat of condemnation by any authority having the power of eminent domain, each Owner shall be entitled to notice thereof by posting in a prominent place within the Properties and included in the Association's newsletter, if any. The Board may convey Common Area under threat of condemnation if the Board reasonably determines that it is in the best interest of the Association and is approved in writing by Declarant during the Class "B" Control Period. The award made for such taking shall be payable to the Association as trustee for all Owners to be disbursed as follows: If the taking involves a portion of the Common Area on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent practicable, unless within 60 days after such taking the Declarant, so long as the Declarant owns any portion of the Properties or has the right to annex property, shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. If the taking does not involve any improvements on the Common Area, or if a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement is complete, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board shall determine. 13.2 No Partition. Except as permitted in this Declaration, the Common Area shall remain undivided, and no Person shall bring any action for partition of the whole or any part thereof without the written consent of all Owners and Mortgagees. Page 16 13.3 Dedication of Common Area. The Association may dedicate or grant easements over portions of the Common Area to any local, state, or federal governmental entity. ARTICLE 14 AMENDMENT OF DECLARATION 14.1 Amendment by Declarant. Until termination of the Class "B" Control Period, Declarant may unilaterally amend this Declaration for any purpose. Thereafter, the Declarant may unilaterally amend this Declaration if such amendment is (i) necessary to bring any provision into compliance with any applicable governmental statutes, rule, regulation, or judicial determination; (ii) necessary to enable any reputable title insurance company to issue title insurance coverage on the Units; (iii) required by an institutional or governmental lender or purchaser of Mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable it to make or purchase Mortgage loans on the Units; (iv) necessary to enable any governmental agency or reputable private insurance company to guaran- tee or insure Mortgage loans on the Units; or (v) otherwise necessary to satisfy the requirements of any governmental agency for approval of this Declaration. However, any such amendment shall not adversely affect the title to any Unit unless the affected Owner shall consent thereto in writing. 14.2 Amendment by Owners. Except as otherwise specifically provided in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Members representing at least 75% of the total Class "A" votes, and the consent of the Declarant, during the Class 'B" Control Period. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. 14.3 Validity and Effective Date of Amendments. Amendments in accordance with this Declaration shall become effective upon recordation in the Official Records, unless a later effective date is specified therein. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this _ day of , 200_. "Declarant" Glacier Valley Villages, L.L.C., a Montana limited liability company By: Brent Card, Managing Member Page 17 STATE OF MONTANA ) ) ss. COUNTY OF FLATHEAD ) The foregoing instrument was acknowledged before me this _ day of , 2008, by Brent Card, as the Managing Member of Glacier Valley Villages, LLC, a Montana limited liability company, on behalf of the company. Printed Name: Notary Public for the State of Montana Residing at , Montana My Commission Expires: Page 18 When recorded, return to: Sean S. Frampton MORRISON & FRAMPTON, PLLP 341 Central Avenue Whitefish. Montana 59937 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR VALLEY RANCH TABLE OF CONTENTS TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR VALLEY RANCH INTRODUCTION TO THE COMMUNITY Valley Ranch, L.L.C., as the developer of Valley Ranch, has established this Declaration to provide a governance structure and a flexible system of standards and procedures for the overall development, administration, maintenance and preservation of Valley Ranch as a master planned community. The Association and this Declaration reflect goals and aspirations and possess the powers necessary to develop a vibrant, cohesive, active community. CREATION OF THE COMMUNITY................................................................................. 1 1.1 Initial Declaration.................................................................. 1 1.2 Duration................................................................................1 CONCEPTS AND DEFINITIONS .................................................................................... 2 2.1 Architectural/Design Review Committee .............................. 2 2.2 Area of Common Responsibility ........................................... 2 2.3 Articles..................................................................................2 2.4 Association........................................................................... 2 2.5 Base Assessment" or "Regular Assessment.. ....................... 2 2.6 Benefited Assessment.......................................................... 2 2.7 Board of Directors" or "Board ............................................... 2 2.8 Builder..................................................................................2 2.9 By-Laws................................................................................3 2.10 Class "B" Control Period ....................................................... 3 2.11 Common Area...................................................................... 3 2.12 Common Expenses............................................................. 3 2.13 Covenant to Share Costs ..................................................... 3 2.14 Declarant..............................................................................3 2.15 Design Guidelines................................................................ 3 2.16 Dwelling Unit........................................................................ 3 2.17 Governing Documents.......................................................... 3 2.18 Master Plan.......................................................................... 4 2.19 Member................................................................................4 2.20 Mortgage..............................................................................4 2.21 Mortgagee............................................................................ 4 2.22 Official Records....................................................................4 2.23 Owner...................................................................................4 2.24 Person..................................................................................4 2.25 Properties.............................................................................4 2.26 Reviewing Body.................................................................... 4 2.27 Special Assessment............................................................. 4 2.28 Supplemental Declaration.................................................... 4 2.29 Unit.......................................................................................5 2.30 Lot............................................................................5 2.31 Use Restrictions.........................................................5 CREATION AND MAINTENANCE OF COMMUNITY STANDARDS .............................. 5 ARCHITECTURAL APPROVAL...................................................................................... 5 3.1 General Requirement for Prior Approval .............................. 5 3.2 Architectural Review.............................................................5 3.3 Guidelines and Procedures .................................................. 6 3.4 No Waiver of Future Approvals ........................................... 8 3.5 Variances............................................................................ 8 3.6 Limitation of Liability............................................................ 9 3.7 Enforcement........................................................................ 9 COMMUNITY GOVERNANCE AND ADMINISTRATION .............................................. 9 THE ASSOCIATION AND ITS MEMBERS.................................................................... 9 4.1 Functions of Association..................................................... 9 4.2 Membership....................................................................... 10 4.3 Voting................................................................................ 10 ASSOCIATION POWERS AND RESPONSIBILITIES.................................................. 11 5.1 Acceptance and Control of Association Property ............... 11 5.2 Maintenance of the Area of Common Responsibility.......... 11 5.3 Maintenance in Public Rights -of -Way ................................. 12 5.4 Insurance........................................................................... 12 5.5 Compliance and Enforcement ............................................ 12 5.6 Implied Rights, Board Authority .......................................... 14 5.7 Disclaimer of Liability.......................................................... 14 5.8 Security.............................................................................. 15 5.9 Equestrian/Pedestrian Trail System Open to the Public..... 15 ASSOCIATION FINANCES........................................................................................... 15 6.1 Budgeting and Allocating Common Expenses ................... 15 6.2 Budgeting for Reserves...................................................... 16 6.3 Authority to Assess Owners, Time of Payment .................. 16 6.4 Declarant's Option to Fund Budget Deficits ........................ 17 6.5 Special Assessments......................................................... 17 6.6 Benefited Assessments...................................................... 17 6.7 Personal Obligation............................................................ 18 6.8 Lien for Assessments......................................................... 19 6.9 Date of Commencement of Assessment Obligations ......... 19 6.10 Failure to Assess................................................................ 19 6.11 Exempt Property................................................................. 20 [K�I��hGl�1►11���7K�I��i7���1�►1 ZI; EXPANSION AND REDUCTION OF THE COMMUNITY ............................................. 20 7.1 Expansion by the Declarant ................................................ 20 7.2 Expansion by the Association ............................................. 20 7.3 Additional Covenants and Easements ................................ 21 7.4 Effect of Filing Supplemental Declaration ........................... 21 7.5 De -annexation of Property .................................................. 21 RIGHTS RESERVED TO DECLARANT....................................................................... 21 8.1 Construction of Improvements ............................................ 21 8.2 Right to Use Common Area ................................................ 21 8.3 Other Covenants Prohibited ............................................... 22 8.4 Right to Approve Changes ................................................. 22 8.5 Right to Transfer or Assign Declarant Rights ..................... 22 8.6 Amendment........................................................................22 PROPERTY RIGHTS WITHIN THE COMMUNITY....................................................... 23 EASEMENTS................................................................................................................ 23 9.1 Easements in Common Area .............................................. 23 9.2 Easements of Encroachment ............................................. 24 9.3 Easements for Utilities, Etc ................................................. 24 9.4 Easements to Serve Additional Property ............................ 25 9.5 Easements for Cross -Drainage .......................................... 25 9.6 Right of Entry...................................................................... 25 9.7 Easements for Maintenance and Enforcement ................... 26 9.8 Rights to Storm Water Runoff, Effluent and Water Reclamation..................................................... 26 9.9 Easements forLake&Pond Maintenance&Flood Water ... 26 9.10 Easement for Use of Private Streets .................................. 27 9.11 Easements for Tax Exempt Organizations ......................... 27 PARTY WALLS AND OTHER SHARED STRUCTURES .............................................. 27 10.1 General Rules of Law to Apply ........................................... 27 10.2 Maintenance; Damage and Destruction ............................. 27 10.3 Right to Contribution Runs With Land ................................ 28 10.4 Disputes............................................................................. 28 USE RESTRICTIONS................................................................................................... 28 DISPUTE RESOLUTION AND LIMITATION ON LITIGATION ...................................... 29 12.1 Agreement to Avoid Litigation ............................................ 29 12.2 Claims................................................................................30 12.3 Mandatory Procedures....................................................... 31 12.4 Enforcement of Resolution ................................................. 32 CHANGES IN COMMON AREA................................................................................... 33 13.1 Condemnation....................................................................33 13.2 No Partition........................................................................ 33 13.3 Dedication of Common Area .............................................. 33 AMENDMENT OF DECLARATION............................................................................... 33 14.1 Amendment by Declarant ................................................... 33 14.2 Amendment by Owners ...................................................... 34 14.3 Validity and Effective Date of Amendments ....................... 34