Staff Report/Final Plat Phase 1Flathead ei® al Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
January 27, 1998
Clarence Krepps, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Buffalo Commons Phase 1
Dear- Clarence:
Our office has received an application from Northwest Healthcare Corp. for final plat
approval of Buffalo Commons Phase 1 which will plat 31 single family lots and two
common areas. This final plat contains approximately 14.389. The plat will also
dedicate Windward Way and Windward Loop to the City. This subdivision is located
on the east side of Highway 93 North, north of Heritage Way in Kalispell.
Preliminary plat approval was granted by the Kalispell City Council on June 16, 1997
subject to nine conditions. As you know, this subdivision is part of the Buffalo
Commons Planned Unit Development, a mixed use PUD. The following is a list of the
conditions of approval and a discussion of how they have been met.
Condition No. 1. That the development of the site will be in substantial conformance
with the approved which shall govem the general location of the lots and roadways.
This condition has been met. The development is in substantial compliance with
the approved preliminary plat.
Condition No. 2. That the public roadways within the subdivision shall be
constructed in accordance with the adopted Standards for Design and Construction
which includes the pavement, curbs, gutters, sidewalks and drainage system. A letter
from the Kalispell Public Works Department shall be required stating that the
improvements have been installed according the required specifications at the time of
final plat approval.
This condition has been met with the exception of a few minor items which are
proposed to be addressed in a subdivision improvements agreement. A letter from
the Kalispell Public Works Department dated 12/ 16/97 and from engineers Robert
Peccia 8s Associates dated 1/16/98 state that the required improvements have
been constructed according to the approved plans and specification and City
design standards with the exception of a few items as noted.
Providing Community Planning Assistance To:
® Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish
Final Plat of the Buffalo Commons Phase 1
January 27, 1998
Page 2
Condition No. 3. That approach permits for the required road construction at
Windward Way and Grandview Drive be obtained from the Kalispell Public Works
Department
• This condition has been met. As noted in the 12/ 16/97 Kalispell Public Works
Department letter, approaches were approved in the construction drawings and
made part of the construction design which was reviewed and approved by the
Public Works Department.
Condition No. 4. That the developer shall install a central mailbox location approved
by the U.S. Postal Service and shall be indicated on the final plat.
• This condition has been met. The letter dated 1/ 14/98 from the U.S. Postal
Service approving a mailbox location has been submitted with the plat. This letter
states the mailboxes will not be installed until the homes begin to be occupied.
The site is noted on the final pllat in the northwest corner of the common area /
parking area on the south side of Commons Way.
Condition No. 5. That sidewalks shall be constructed on both sides of the public
street and there be a minimum five foot boulevard space between the sidewalk and
public roadway that is planted with street trees as specified in the development
agreement with the city of Kalispell.
• This condition has been met. Sidewalks and the boulevards are in place. The
street trees will be planted in concert with the Kalispell Parks and Recreation
Department as outlined in the development agreement.
Condition No. 6. That the common area within the subdivision be accepted as
fulfilling the parkland dedication requirement and that the area be landscaped
according to the specifications outlined in the development agreement with the City of
Kalispell. All utilities shall be installed underground.
• This condition has been met. The appropriate note has been placed on the final
plat relating to parkland dedication. Incomplete landscaping requirements are
proposed to be addressed through the subdivision improvements agreement based
on an estimate from Alpine Nursery.
Condition No. 7. A storm water drainage plan which incorporates the easements
indicated on the preliminary plat shall be reviewed and approved by the City of
Kalispell.
• This condition has been met. The stormwater drainage plan for the project was
reviewed as approved as part of the overall design and construction and has been
built accordingly.
Final Plat of the Buffalo Commons Phase I
January 27, 1998
Page 3
Condition No. S. That all water and sewer services and plans and specification shall
be reviewed and approved by the Department of Environmental Quality and the
Kalispell Public Works Department.
® This condition has been met. A letter dated 10/31/97 from DEQ provides their
approval of the subdivision for water and sewer facilities. Letters from the
Kalispell Public Works Department and engineer Robert Peccia & Associates also
confirms that the water and sewer have been installed according to approved plans
and specifications.
Condition No. 9. That a letter from the Kalispell fire chief approving the location and
placement of the fire hydrants within the subdivision shall be submitted with the final
plat.
This condition has been met. A letter dated 1 / 16 / 98 from the Kalispell fire chief
approving the hydrant placement was submitted with the final plat.
The final plat is in substantial compliance with the preliminary plat which was
submitted and approved.
This subdivision plat has been found to be in substantial compliance with the State
and City Subdivision Regulations.
This subdivision has been found to be in compliance with the Kalispell Zoning
Ordinance and the Planned Unit Development which governs the dimensional
requirements of the lots within the subdivision.
IZAID4016y)i •
All of the conditions of preliminary plat approval have been adequately met The
Flathead Regional Development Office recommends that the Kalispell City Council
approve the final plat for this townhouse project Please schedule this matter for the
regular City Council meeting of February 2, 1998.
Sincerely,
Narda Wilson, AICP
Senior Planner
Final Plat of the Buffalo Commons Phase 1
January 27, 1998
Page 4
NW/
Attachments: 2 opaque mylars of final plat
1 reproducible mylar of final plat
1 copy of final plat
Letter from Montana Planning Consultants dated 1/ 15/98
Final plat application dated l/ 16/98
Letter from Kalispell Public Works Department dated 12/ 16/97
Letter from Peccia & Associates dated 1/ 16/98
Letter from U.S.P.S. dated 1/ 14/98
Estimate from Alpine Nursery for landscaping
Letter from DEQ dated 5/ 15/97
Letter from Kalispell fire chief dated 1/6/98
Title report from Sterling Title Services dated 1/ 12/98
Treasurers Certification dated l/ 16/98
Article of Incorporation 12/ 1 /97
c: David Greer, MT Planning Consultants, Box 766, Kalispell, MT 59904
Tom Laux, Northwest Healthcare, 310 Sunnyview Lane, Kalispell, MT 59901
Debbie Gifford, Kalispell City Clerk
BUFFALO COMMONS
SUBDMSION REPORT
MAY 5, .•
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a request for preliminary plat approval of a 31 lot residential subdivision on
approximately 14 acres which is part of the Buffalo Commons Planned Unit Development
A public hearing on this matter has been scheduled before the Kalispell Planning Board for
May 13, 1997 beginning at 7:00 PM in the Kalispell City Council Chambers. A
recommendation from the Planning Board will be forwarded to the Kalispell City Council
for final action.
I-Y;ym,+fl:TiI I J � I N
In
C
Northwest Healthcare Corp.
325 Claremont Street
Kalispell, MT 59901
(406) 752-8482
Technical .Assistance: David Greer
Montana Planning Consultants
P.O. Box 7607
Kalispell, MT 59904
(406)756-1236
This property is located east of Highway 93 North approximately 1,200 feet and
northeast of Heritage Way and Windward Way. The property can be described as all
of Assessor's Tract 5AE and a portion of Assessor's Tracts SABM and 7ETG located
in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
Size: Total area:
14.39 acres
Area in Lots:
8.20 acres
Area in Roads:
3.99 acres
Common Area:
2.20 acres
D. Nature of the Request:
The applicants are requesting preliminary plat approval of a 31 lot single-family
residential subdivision on approximately 14.39 acres which is part of an overall
mixed use planned unit development known as Buffalo Commons. Approval of the
project was subject to a specific phasing program, lot layout, access and street
locations, landscaping and the types of uses which would be allowed to occur with
the development. This project was approved by way of a "development agreement"
by the Kalispell City Council with Ordinance 1226 on June 5, 1995. This
development agreement outlines the phasing plan with Phase I being the single
family pod, Phase II as the multifamily pod, Phase III with the retail commercial /
office pod, Phase IV with the northerly professional / medical facilities pod and
Phase V with the southerly professional / medical facilities pod.
During the first phase, it is the developers' intent to install the required
infrastructure to the site which would include the water and sewer services,
roadways and utilities. The plans and specifications for these improvements have
been prepared by the engineering firm Peccia and Associates, and are currently
under review by the Kalispell Public Works Department.
This property is currently undeveloped.
Several of the properties surrounding this site are intended to be developed as part
of the Buffalo Commons PUD. Adjacent land uses are a mix of medical professional
and residential.
North:
Intended for multifamily development as part of the PUD
South:
Intended for professional / medical offices as part of the PUD
East:
Single-family and multifamily residential, RA-1 zoning
West:
Intended for professional / medical offices as part of the PUD
G.Zoning: This property is zoned as part of the Buffalo Commons PUD which is
adopted as zoning for the property and subject to specific and sequential
development standards. The Buffalo Commons PUD is a mixed use development
which includes single family residential, multifamily residential, professional /
medical facilities and retail commercial / office "pods" within the development.
H. Relation to Master Plan Map: This property lies within the Kalispell City -County
Planning jurisdiction. The master plan map designates this area as Medical /
Professional. As part of the planned unit development for this site which combines
integrated and complementary uses, this subdivision can be found to be in
compliance with the master plan land use designation and the goals and objectives
of the master plan text.
I. Utilities:
Water: City of Kalispell
Sewer: City of Kalispell
Electricity: Pacific Power and Light (underground)
Telephone: PTI Communications (underground)
Solid Waste: City of Kalispell
Fire: City of Kalispell
Schools: School District #S, Kalispell
Police. City of Kalispell
� , . i ' 'e •
This application is reviewed as a major subdivision in accordance with State statutory
review criteria and the Kalispell County Subdivision Regulations.
0
Fire: Fire access to the area will be by way of a paved road system which has been
reviewed, approved and built to City of Kalispell design standards. Access can be
gained from the south by way of the extension of Windward Way and from the north
by the extension of Northridge Drive, which will connect to Grandview Drive. Risk
of fire to the site is minimal.
Flooding and topography: This area is at a minimal risk of flooding because there is
no surface water in close proximity to the site which might inundate the area. The
topography of the site is characterized by gently rolling hills with slopes in the area
of about five to eight percent. No apparent risks to health and safety are present
which might be associated with the topography of the site.
Roads: Primary access to the site will be gained through the extension of Windward
Way to the north. Northridge Drive will be extended to the east to connect with
Grandview Drive. There will be an internal loop road known as Windward Loop
which connect to Windward Way and Northridge Drive. Access to the site will be
good from both the north and south once the subdivision has been developed.
There are no significant grades associated with the new roads or other factors which
might compromise the health and safety of the public.
The site is not mapped within any big game winter range and does not provide
significant habitat to wildlife. This property is within an area of Kalispell that can
be considered to be on the urban fringes. No significant impacts to wildlife or
wildlife habitat can be anticipated as a result of this subdivision.
C. Effects on the Natural Environment:
There is no surface water in the area which might be effected by this development.
There is no obvious high groundwater in the area which by be effected or which
might be impacted by this development. The terrain can be described as gently
rolling hills. There are two areas within the subdivision at the northeast end and
the southeast end of the property which will serve as drainage easements, common
area and parkland. Some erosion might occur during development, erosion should
not be significant, particularly if revegetation of the disturbed areas is done within a
reasonable time after development. This revegetation is anticipated.
Sewer and Water: City of Kalispell water and sewer are proposed to be extended to
this subdivision to serve these lots. There is sufficient capacity within the Kalispell
sewer treatment plan and within the water system to accommodate this
development. The impacts to these services were assessed and anticipated with the
review and approval of the planned unit development in 1995.
Roads: An entire road system is part of the Buffalo Commons PUD. A brief outline
of that system may be in order as it relates to this subdivision. A copy of the plan
for the PUD has been included in the packet. There will be internal loop road
system within the development which is anticipated to be constructed prior to the
platting of other lots within the development.
An extension of Northridge Drive is planned as a main entrance to the development.
The developers have been working with the Montana Department of Transportation
regarding the placement and timing of a traffic signal at that intersection. A signal
is required. Northridge Drive will turn to the north and extend across the northern
portion of this subdivision. This roadway will be extended to connect with
Grandview Drive to the east. Access to the lots within the subdivision will not be
taken from this road section, but rather will be gained from Windward Way and
Windward Loop.
Heritage Way also provides access to the development off of Highway 93 North. The
development agreement with the City provides an option for closing Heritage Way or
leaving it in place. This subdivision does not deal with that issue.
Windward Way will be extended to the north and will serve as an internal
subdivision road. Windward Loop will also serve as an internal subdivision road.
Access to the lots within the subdivision will be taken from these new roads.
It can be anticipated that approximately 310 vehicle trips per day may be generated
from this subdivision onto roadways in the area once the subdivision has been fully
developed. With the road upgrades and required road extensions, the roads in the
area will be adequate to accommodate the additional traffic generated from this
subdivision. The new infrastructure will generally address the impacts the new
development would create.
Schools: This subdivision is within the boundaries of School District #5. Children
from this subdivision would attend Edgerton School, Linderman School and
Flathead High School. It can be anticipated that this subdivision may generate
approximately 16 school age children once the subdivision is fully developed.
School District 5 will be able to accommodate the additional students which might
be generated from this subdivision.
4
Parks: This subdivision is subject to the parkland dedication requirements as
outlined in the Kalispell Subdivision Regulations and as required. under State
Statute. The parkland dedication requirement is 11 percent of the area devoted to
lots or 11 percent of 8.2 acres in lots or 39,290 square feet (.90 acre) of parkland.
The developer has proposed that the common area within the subdivision located at
the northeast corner and the southwest corner of the subdivision be used to fulfill
the parkland dedication requirement. The Kalispell Subdivision Regulations
provide for the use of common area within a planned unit development to fulfill the
parkland dedication requirements.
There is also a provision for boulevard landscaping in the development agreement
with the City of Kalispell. The agreement calls for trees to be planted 40 to 50 feet
on center which are at least 1 1/4 to 11/2 inches in diameter and at least eight to ten
feet in height when planted. The City of Kalispell has agreed to a five year plan
which would involve contributing 20 trees per year for the boulevard tree plantings.
The plants will be of two inch caliper.
Police Protection: This development will be served by the Kalispell Police
Department. According to the Kalispell Police Department, they will be able to
adequately serve this area.
Fire Protection: This development will be served by the Kalispell Fire Department.
The location and placement of fire hydrants will be according to the specification of
the City of Kalispell. Fire flows in the area will be adequate to accommodate the
hydrant network within the development and subdivision.
Refuse Disposal: The subdivision will be served by the City of Kalispell for solid
waste disposal. Adequate space at the County landfill is available for the solid
waste which will be generated by the subdivision.
Medical Services: Flathead Regional Hospital is approximately one mile from the
site. Ambulance services are available to serve this subdivision and access is good.
E. Effects on Agriculture and Agricultural Water Users Facilities:
The soils in this area have limited agricultural value. This property has been idle
grasslands. This subdivision will have an insignificant impact on agriculture in the
Valley and is more valuable for residential development because of its close
proximity to Kalispell and associated services and the lack of obvious development
constraints.
5
The Kalispell City -County Master Plan Map designates this area as Medical /
Profession. Buffalo Commons PUD has been approved with the overall goals and
objectives of the master plan and has been found to further those goals. Phase I of
the Buffalo Commons PUD under review is found to be in substantial compliance
with the master plan.
This zoning for this property is a planned unit development, Buffalo Commons.
Lots within the single family phase have been designated to be a minimum of 7,000
square feet with a minimum lot width of 60 feet. Setbacks are 20 feet in the front
and rear and five feet on the sides with a 20 foot side corner setback. All of the lots
within the subdivision meet or exceed the minimum lot specifications of the
approved plan.
H. Compliance with the ., RegulatiorE
The preliminary plat appears to be in substantial compliance with the State and
City Subdivision Regulations.
����LK•7��'ai�'i i. wsjr 41iCog
The Flathead Regional Development Office would recommend that the Kalispell City
County Planning Board adopt the Staff Report #KPP 97-1 as findings of fact and
recommend to the Kalispell City Council that preliminary plat approval for Buffalo
Commons Phase I be granted subject to the following conditions:
1. That the development of the site will be in substantial conformance with the
approved preliminary plat which shall govern the general location of the lots,
easements and roadways.
2. That the roadways within the subdivision shall be constructed in accordance with
the adopted Standards for Design and Construction which includes the pavement,
curbs, gutters, sidewalks and drainage system. A letter from the Kalispell Public
Works Department shall be required stating that the improvements have been
installed according to the required specification at the time of final plat approval.
3. That approach permits for the required road construction at Windward Way and
Grandview Drive be obtained from the Kalispell Public Works Department.
4. The developer shall install a central mailbox location approved by the U.S. Postal
Service and shall be indicated on the final plat.
0
S. That sidewalks shall be constructed on both sides of the street and there be a
minimum five foot boulevard space between the sidewalk and roadway that is
planted with street trees as specified in the development agreement with the City of
Kalispell.
6. That the common area within the subdivision be accepted as fulfilling the parkland
dedication requirement and that the area be landscaped according to the
specifications outlined in the development agreement with the City of Kalispell. All
utilities shall be installed underground.
7. A storm water drainage plan which incorporates the drainage easements indicated
on the preliminary plat shall be reviewed and approved by the City of Kalispell.
8. That all water and sewer service plans and specifications shall be reviewed and
approved by the Department of Environmental Quality and the Kalispell Public
Works Department.
9. That a letter from the Kalispell fire chief approving the location and placement of
the fire hydrants within the subdivision shall be submitted with the final plat.
10. That preliminary approval shall be valid for a period of three years from the date of
approval.
H: \FRDO \REPORTS\97 \KPP97-1
7
DECLARATION OF
COVENANTS, ! I ! AND RESTRICTIONS
BUFFALO COMMONS
(Phase
THIS DECLARATION, made this day of , 1995, by
Northwest Healthcare Corporation, hereinafter referred to as "DECLARANT',
WITNESSETH;
That WHEREAS, Northwest Healthcare Corporation is the owner of real property
situated in Flathead County, Montana, described herein on Exhibit "A", a copy of
which is attached hereto and by this reference made a part hereof. This property is
that portion of the Buffalo Commons designated as Phase I.
That WHEREAS, Declarant is desirous of subjecting all of said property
hereinabove described on Exhibit "A" to the Conditions, Covenants and Restrictions
hereinafter set forth, each and all of which is and are for the benefit of said property
and for each owner thereof and shall inure to the benefit and pass with said property,
and each and every parcel thereof, and shall apply to and bind the successors in
interest, and any owner thereof;
NOW, THEREFORE, the Declarant, being the owner of all of the real property
above -described, hereby declares that the said real property is, and shall be, held,
transferred, sold and conveyed, subject to the conditions, restrictions, covenants and
reservations hereinafter set forth; and
All persons or corporations who now or shall hereafter acquire any interest in
and to the above -described property shall be held to agree and covenant with the
owner of any of the property hereinabove described, or any parcel thereof, and with
their heirs and successors and assigns, to conform to and observe the following
covenants, restrictions, and conditions as to the use thereof, and as to the
construction of dwellings and improvements thereon.
ARTICLE 1. DEFINITIONS
Section 1: "Declarant" herein mentioned is Northwest Healthcare Corporation.
Section 2: "Association" shall mean The Buffalo Commons Property Owners
Association.
Section 3: "Owner" shall mean and refer to the person or persons owning a
parcel of land in fee simple, absolute, individually or as an owner in any real estate
1
tenancy relationship recognized under the laws of the State of Montana, including a
unit ownership pursuant to a recorded unit ownership declaration.
Section 4: "Common Area" shall mean all real property owned or maintained
by the Association for the common use and enjoyment of others, including but not
limited to parks, trails, roadways, easements, and recreational facilities.
Section 5: "Lot" shall mean any plot of land shown upon any recorded
subdivision plat or map of the property.
Section 6: "Vote" or "voter", shall mean one vote per lot.
ARTICLE 11. ARCHITECTURAL REVIEW COMMITTEE
Section 1. Members/Terms: The Architectural Review Committee shall
consist of three individuals appointed by the Board of Directors of the Buffalo
Commons Property Owners Association from owners within the property described in
Exhibit "A" and shall be known as the Buffalo Commons Single Family Architectural
Review Committee hereinafter referred to as Architectural Review Committee. The
members of the Architectural Review Committee may be appointed and removed at
the sole discretion of the Board of Directors of the Buffalo Commons Property Owners
Association.
Section 2. Function of the Architectural Committee: All owners intending
to construct any structure whatever upon any lot, shall first submit their plans and
specifications, in writing, to the Architectural Review Committee. All plans for the
construction of any building, private road or driveway, fence, wall or other structure
to be erected upon any lot and the proposed location thereof upon any lot and any
change, after approval thereof, any remodeling, reconstruction, alteration or addition
to any building, road, driveway, or other structure upon any lot in said premises, shall
require written approval of said Architectural Review Committee. Before beginning the
construction of any building, road or driveway, fence, wall or other structure
whatsoever, or remodeling, reconstruction or altering such road, driveway or structure
upon any lot, the person or persons desiring to effect, construct or modify the same
shall submit to the Architectural Review Committee, a complete set of plans and
specifications thereof including front, side, and rear elevations, floor plans for each
floor and basement, exterior color schemes, a block or plot plan indicating and fixing
the exact location of such structure or such altered structure on the grading plan if
requested. A reasonable fee shall be paid to the Architectural Review Committee with
such plans, said fee to be set by said Committee. (Preliminary sketch of plan may be
submitted prior to the execution of detailed drawings.)
In the event the proposed improvement shall be one for repainting or
K
redecorating the exterior of such structure without remodeling or changing it, or
making additions thereto, it shall only be necessary to file one color scheme of such
proposed work and have the same approved prior to the commencement of such work.
Section 3. Approval by Architectural Review Committee: Approval by the
Architectural Review Committee of all exterior plans and specifications must be
submitted for approval in writing, and shall not be deemed to be a waiver by the
Architectural Review Committee of the right to object to any of the features or
elements embodied in such plans or specifications if and when the same features or
elements are embodied in any subsequent plans or specifications submitted for
approval for use on other building sites. In the event the Architectural Review
Committee fails to act within thirty (30) days after the proposed plans and
specifications of any structure have been submitted, in writing, or in any event, if no
suit to enjoin the construction has been commenced prior to the completion of an
entire dwelling, no specific approval shall be required for such structure and the
pertinent provisions to the Declaration shall be deemed to have been fully complied
with. The Architectural Review Committee may, at any time, inspect any building or
property located in said subdivision for the purpose of determining whether the exterior
of said building conforms to these covenants. Approval of such plans and
specifications shall be evidenced by written endorsement on such plans or
specifications, a copy of which shall be delivered to the owner or owners of the lot
upon which the prospective building, road, driveway or other structure is
contemplated, prior to the beginning of such construction. No changes or deviations
in or from such plans and specifications as approved, shall be made without the prior
written consent of the Architectural Review Committee, and construction shall be
completed within one (1) year from date of approval of said plans and specifications.
Structural engineering shall be the responsibility of the owner. The Architectural
Review Committee may waive such provisions contained in these covenants as they
deem appropriate. In passing upon any plans and specifications submitted to it, the
Architectural Review Committee shall consider:
a) Suitability of the improvement and materials of which it is to be
constructed to the site upon which it is to be located;
b) The nature of the adjacent neighboring improvements;
c) The quality of the materials to be utilized in any proposed
improvements; and
d) The effect of any proposed improvement on the adjacent or
neighboring property.
3
In passing on any plans and specifications, it shall be an objective of the
Architectural Review Committee to make certain that no improvement will be so
similar or so dissimilar to others in the vicinity that values, monetary or aesthetic, will
be impaired, and to maintain for the benefit of the Architectural Review Committee and
all subsequent individual lot owners, the nature character of the land and to require
that all man-made structures blend into the natural background rather than stand out
against it.
The Architectural Review Committee may consult any other Architectural
Review committee of and appointed by the Buffalo Commons Property Owners
Association for the purpose of determining whether a particular request has any impact
on property and structures within the Buffalo Commons development other than the
property, the subject of these covenants.
The Architectural Review Committee shall consider the guidelines set forth in
Articles III, IV, V and VI in its review of plans and specifications:
ARTICLE III. RESTRICTIONS AS TO LAND USE
Section 1. Single Family: The following are permitted uses for the land
set forth in Exhibit "A" attached hereto:
Single Family dwellings Parks
ARTICLE IV. RESTRICTIONS AS TO LANDSCAPING
Section 1. Landscaping: Landscape treatment required for all lots shall
consist of a combination of turf, shrubs, and trees.
ARTICLE V. MISCELLANEOUS RESTRICTIONS
Section 1. Lot Size: Minimum lot sizes are 7,000 square feet with a
minimum lot width of 60 feet.
Section 2. Building Size: Each building or other structure shall be
constructed, erected and maintained in strict accordance with the approved plans and
specifications. Residential dwellings shall have a base floor area of not less than 1400
square feet of living area for a single story building. Multi -story dwellings shall not
have less than 1650 square feet of total living area. For purposes of this paragraph,
the basement, porch, steps, and garage shall not be considered a part of the living
area. A garage having a minimum of 2 parking stalls shall be required for each lot
having a residential dwelling. Maximum building height will be 30 feet.
Cl
Section 3. tbacks: Setbacks are 20 feet in the front and rear and 5 feet
on either side, except a 20 foot setback is required on the corner side of any lot.
Section 4. Utilities: All utilities including but not limited to power, electric,
and telephone shall be underground.
Section 5. Continuity of Construction: All structures shall have the
exterior completed within twelve (12) months of commencement of construction
unless an exception is granted in writing by the Architectural Review Committee.
Section 6. Temporary Structures: No trailer, basement, tent, shack, garage,
barn or other outbuilding erected or placed on any lot shall at any time be used as a
permanent residence. Any of the aforementioned structures shall be erected at any
time without the written approval of the Architectural Control Committee.
Section 7. Animals: No animals of any kind, shall be raised, bred or kept
on any lot, excepting that dogs, cats and other small domestic animals may be kept
and raised, but not for commercial purposes. Permitted animals, not exceeding two
adult animals, must be confined to the lot of their owner and not permitted to run at
large.
Section 8. Garbage: No lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste, shall be kept in covered,
reasonable airtight containers. Such containers must be kept in a garage or other
enclosed area.
Section 9. Landscaping and Fences: No hedges, shrubs or other plantings, or
any structure shall be permitted which unreasonably objects the view of any owner or
motor vehicle drivers, and shall not in any even, exceed four (4) feet in height nor more
than three (3) feet in height anywhere in the front twenty-five (25) feet of the
property. All or any landscaping shall be subject to the approval of the Architectural
Review Committee. There shall be no fences in front yards. Fences in the rear yard
shall have a maximum height of six (6) feet.
Section 10. i n : Except for the Declarant or its agent, no signs shall
be placed on any lot except name plates and one unlighted sign not exceeding three
(3) square feet in surface area advertising the sale or lease of the lot or improvements
thereon.
Section 11. Parking: All lot owners shall be responsible for providing on -site
parking in accordance with the Kalispell Zoning Ordinance for the intended uses.
Section 12. Nuisance: No noxious or offensive activity shall be carried on nor
5
shall anything be done or permitted which shall constitute a public nuisance therein.
Section 13. Burning: Open fires are not permitted on the property except
for the normal burning of seasonable yard and garden cleanup with proper permit, if
required from local authorities. Outdoor barbecues are not an open fire within the
meaning hereof.
ARTICLE VI. ENFORCEMENT
Section 1. Interested Parties: Any owner shall have the option and right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations and charges now or hereafter imposed by the provisions of this
Declaration. The method of enforcement may include proceedings to enjoin the
violation, to recover damages, or both. Failure by any owner to enforce any such
provision shall in no event be deemed a waiver of the right to do so thereafter. The
City of Kalispell is an interested party and shall like an owner, at its sole election, also
has the authority to enforce these Covenants.
Section 2. Severability: Invalidation of any one of these covenants or
restrictions by judgment or court order, shall in no wise affect any other provision
which shall remain in full force and effect.
ARTICLE VII. TERM
The provisions of these protective covenants are to run with the land and shall
be binding upon all parties and all persons claiming under them, for a period of twenty
(20) years from the date they are recorded, after which time said protective covenants
shall be automatically extended for successive periods of ten (10) years unless an
instrument executed by the owners of seventy-five percent (75%) of the land
described in Exhibit "A", has been recorded agreeing to terminate said protective
covenants or change them in whole or in part. Each parcel of land, regardless of size
or of any deeded ownership interest in a condominium unit shall be entitled to one vote
under this Article.
This Declaration may be amended by an instrument signed by the owners of
Seventy-five Percent (75%) of the land described in Exhibit "A", which instrument has
been recorded, agreeing to such amendment. Each parcel of land, regardless of size
or of any deeded ownership interest in a condominium unit shall be entitled to one
vote under this Article provided that in any event an amendment shall not be valid
unless approved in writing by the City of Kalispell.
C.1
IN WITNESS WHEREOF, the Declarant has executed this instrument the day and
year first above written.
NORTHWEST HEALTHCARE CORPORATION
President
STATE OF MONTANA
ss.
County of Flathead )
On this day of , 1995, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared
known to me to be the President of Northwest
Healthcare Corporation, the Corporation whose name is subscribed to the within
instrument, and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year in this certificate first above written.
Notary Public for the State of Montana
(Seal) Residing at , Montana
My commission expires
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