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3. Resolution 5091 - Preliminary Plat - Serenity Lane AdditionREPORT ' TO: FROM: SUBJECT: 'NEETENG DATE: City of Kalispell Planning Department Stream East, Suite 211, .Kalispell, Montana 59901 Telephone: 6 5.1 � 1850 Fax: o751-1858 Wesie: kais.aning.com Kalispell Mayor and City Council Thomas R. Jentz, Director James H. Patrick, City Manager Preliminary Plat Approval of Serenity Large Addition --- 1310 6thAve. West February 21, 200 BACKGROUND: This is a request for a four lot minor residential subdivision. The proposal would create one lot for the a dsting house and then create a. parent lot across the rear of the property for a 3 unit townhouse development. The on'ginai lot is 25,092 square feet, The single family lot with the e)dsting residence would be 7,542 square feet and the 3 unit tovmhouse lot would be 12,486 square -feet with each sublot averaging 4,000 square feet in size. 7his is considered an it f project as there i already an existing single family home and. 3 ear garage on the front of the property. The applicant proposes to remove the e�sting three car garage located in the middle o the lot and then build a. new two Car garage immediately west of the existing 3 bedroom house. A shared driveway and utility easement provides access to both, the smgje family and the townhouse lots; A conditional use permit was granted for this townhouse project by the City Council on February 6, 2006. REC BUdENDA N: A motion to 'approve the preliminary pat with the conditions attached in staff report KSR-06-1 would be in order. ISCAL EFFECTS: Positive impacts once fully developed.. ALTERNATIVES: s suggested by the City Council. Respectfully submitted, Thomas R. Jentz a rues ti. Patrick Director City Manager Report Compiled: February 13, 200 Attachments: Staff Report KS -o -1. and application materials C: Theresa White, KaRs ell City Clerk RESOLUTION No. 5091 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT of SERENITY LANE ADDITION, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACT 8TH LOCATED IN SECTION 18, TOWNSHIP 28 NORTH BADGE 21 WEST, P,M.M., FLATHEAD COUNTY, MONT NA. WIT .RE S, Lori Fisher and Jody Middleton, the owners of the certain real property described above, have petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of section 2.0 (Preliminary Plat Process -.minor Subdivision), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report KS--1 to the City Council of the City of Kalispell, said report considering the criteria set fort. in Section 76-3-608 MCA, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of February .1, .boo 6, reviewed the Kal 1spell PI anning Department Report KS --1, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF KAPSPELL,1 ONTANA ASFOLLOWS: SECTION P. That the Findings of Fact contained in Kalispell Planning Department Report KS .- --1 are hereby adopted as the Findings of Fact of the City Council. SECTION 11. That the application of Lori Fisher and Jody Middleton for approval of the Preliminary Plat of Serenity :Lane Addition, Kalispell, Flathead County, Mo .tan.a is hereby approved subject to the following conditions: That the final plat for the subdivision shall be in substantial compliance with the approved prei urinary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat) . New infrastructure required to serve the subdivision shall be designed and eonstr cted i accordance with the City of Kalispe l's Standards for Design and Construction and shall be certified by an engineer licensed in the stag of Montana. A letter from the Kalispell Public Works Department stating that the new infrastructure has been inspected and approved shall accompany the final plat application. (Kalispell Design and Construction Standards , That the shared. common road and utility easement shall provide access for all four lots. The access road shall be paved and shall be constructed to a minimum 20 foot width. (Kalispell Subdivision Regulations, Section 3.09) . The applicant shall dedicate to the city are additional 15 feet of R/W along the entire west side oft e lot abutting 6th Avenue West, Kalispell Subdivision Regulations Section 3.09, Table 1 . The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service and when a facility or improvement is required, said improvements shall be installed or bonded for. Kalispell Subdivision Regulations, Section 3.22) . All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section3.17) . That a note shall be placed on the face of the final plat which waives protest o the creation of a special improvement district for the future upgrade of 6th Avenue West. Kalispell Subdivision Regulations Section 3.09, (J)) All areas disturbed during development of the subdivision shall be re -vegetated with aweed- free mix im e .iateiy after development. . That preliminary plat approval shall e valid for a period of three years from the date of City Council approval. (Kalispell Subdivision Regulations, Section 2.04 SECTION III. Upon proper review and. filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Rallspe 1. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALTSPELL, THIS 21 ST DAY OF FEBRUARY, 2006. Pamela. B. Kennedy Mayor TEST: Theresa White City Clerk KALISPELL PLANNING DEPARTMENT SERENITY LANE ADDITION SU D SION REPORT KS - *` report to to Kalis eU Citv Council regarding a request for prelinainary plat approval for a four lot residential subdivision. BACKGROUND INFORMATION: This is a prelimffiary plat request for a four lot subdivision on are em*sting residential lot located at 1310 - 6th Ave. West in Kahs ell. The site contains an existing single family y residence and large garage. The propel is zoned R-4 Two Family Residentiall and lies on the west side of 6Lh Ave. West. A. Applicant, Jody Middleton 881 Helena fiats Road Kalispell, MT 59901 212-5641 B. owner. Loid Fisher 881 Helena Flats Road r al is e , MT 59901 25 -331 C. Nature of the Request: This is a request for a four lot residential subdMsion. The proposal would create one lot for the existing house and men create a parent lot across the rear of the property for a 3 unit townhouse development. The original lot is 25,092 square feet in size. The single family lot with the existing residence would be 7,542 square feet in size, the 3 unit townhouse lot would be 12,486 square feet with each sublot averaging 4, 00 square feet in size. This is eor s dered are irr fl prof eet as there is ad ready a ems* s� single �1 y home and 3 ear garage on the front of the proper* The apphcant proposes to remove the emsting 3 ear garage located M the middle of the lot and then build a new two ear garage immediately west of the emMing 3 bedroom house. A conditional al use permit was granted for this townhouse project y the city council on February 6, 2006. D. Location and size of Property: The address of the property is 131 - 6thAve, West and the site lies on the west side of 6thAve. West. The property contains approximately 25,092 square feet, It has 123 feet of frontage on 6thAve. West and s 204 feet deep. The property can be described as Assessors Tract TH located M Section 18, Township 28 North., Range 21 West, . 1r.M., Flathead County, Mona E. E2dstjing land use and zoning: The property currently has a single family resid ease that will be reed on a proposed loot 1 } The property is zoned R-4 Two Family Residential, which is ended primarily for single family and duplex (two unit townhouse) dwellings. The minimum lot size requirement ent is 6,000 square feet and a Mirn'Mum lot width of 50 feet. By conditional use permit, as is the situation in this case, townhouse projects larger than two units are allowed b the issuance of a conditional use permit. The conditional use pest for this project was approved by council on February 6, 2006. F. AdJacent Land Uses and Zoning: This propel is located in an older residential neighborhood characterized by 1 acre or larger lots. Several two unit townhouses have been recently constructed in the neighborhood including one ad oim'ng the rear of this site and one constructed two houses to the north. North: Single family residential and two unit townhouses, RA zoning South: Single family residential, R-4 zoning East: Single family residential, R-4 zoning West: Single family residential and two unit townhouses, R-4 zoning. G. Proposed AvailabiRty of Utilities Services: Sever service; City of Kalispefl Water service.- City of Kalis eU sohd Waste: City of KahspeU Electric.- Flathead Electric Cooperative Phone: centuryTel police* City of KalispeU Fire: Kalispell Fire Department Natural Gas: Northwest Energy Cable. Bresnan Communications Schools; School District , Kalispell REVEEW AND FUMENGS OF FACT This apphca.tio . is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell City Subdivision Regulations. A. Effects on Health and Safety: Fire: This subdivision is in the service area of the Kalispell Fire Department. The property can be considered to be at love risk of fire because the subdivision and homes within the subdivision would be constructed in accordance with the Uniforms. Fire Code and have access which meets City standards. A fire hydrant currently exists adjacent to the property. No new water maims wiH be needled in conjunction with this minor subdivision. Flooding: None of this area is located in the 100 year floodplain. ,access: Access to the lots will be directly f rorn a shared drive on the merest side of 6th Ave, Nest. The shared driveway should be paved to a. minimum 20 foot width. In addition, a rote should be placed on the face of the final plat which 2 waives protest to the creation of a. special ftnrovement. district for the upgrade of 6th Ave. West in the future. B. Effects on Wildlife and Wildlife Habitat: This property hes on the urban fringes of Kalispell and is s rrou ded by urban development. It does not provide habitat to wildlife or any endangered species. C. Effects on the Natural Environment: Surface and gKoundwaten This subdivision will be served by public water and sewer thereby minims it g any potential impacts to the groundwater. The closest surface water is Ashley ley Creek which lies approximately boo feet to bogs the east and west sides of this property. No impacts are anticipated a.ted by the development of this property. Drain ate : This property in general is level and does not pose any challenging development ent constraints. The stormwater generated from the site will be required to be maintained on site since here is no City storm drain system in the immediate area.. Efts on local Sew: Water: Water service to the subdivision would be provided by the City of Kalispell and taken from a water main that lies within 6th Ave. West. No new mains or extensions sions will be required as part of the development of the subdivision. There is adequate capacity within the City's water system to accommodate this development. ent. Individual look ups and meters will be required for each lot and s lot. Sewer: Serer service will be provided by the City of Kalispell. Individual service will be required for each townhouse lot and the existing house. To accomplish this either a main may be needed to be extended along the shared access roam if individual service lines prove unfeasible. 'here is adequate capacity within n the sewage treatment plan to accommodate this development. Roads: 'traffic projections for this subdivision are estimated to be ap ro3amately 32 - 40 vehicle trips per day Based on the estimate of 8 - 10 vehicle trips per residence per day Mto the area. or 22 - 30 new vehicle trips per day as one of the lots already contains a residence. 6th Ave. west is built on a 30 .foot Rom'. The applicants are dedicating an additional 1.5 feet of R W off the east side of the lot abutting 6th Ave. West. Currently t . Ave. West is a .set local road. While traffic will increase to some degree, the addition of 3 townhouse lots will be minor and insigrffica .t. Schools: This development is Within the boundahes of the Kalispell School District 5. The school district cold anticipate that an additional two school aged children might be generated into the district at full build out. Tbis number is used because it takes into account pre-school aged children, home school education options and private school education option. Not all of the children who live in the subdivision will be attending public schools. This would not have a significant impact on the district. 'arks and ORen Spacei The state and local subdivision regWatio. s exempt minor subdivisions from the parkland open space requirement. Police: This subdivision would be in the jurisdiction of the City of Kahspell Police Department. The department can adequately provide service to this subdivision,' however the cumulative impacts of groom within the city further strams the department's ability to continue .e to provide the high level of service the department is committed to. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department, and the subdivision will reed to meet the requirements ents of the U orm Fire Code. Fire risk is lour because of good access and fairly level terra' n and urban environment. ronment. There is are existing .yd.ra nt located near this Property - Solid waste. Solid waste wiH be handled by the City of Kal. spe . and the existing home is currently served by the City of Kalispell. There is sufficient capacity within the lan.d.fll to accommodate the additional solid waste generated from this subdivision. Medical . Services: Ambulance service is available from. the fire department and ALERT helicopter service. Kalispell eiornal Hospital is close, less than three miles from the site. E, Effects on Agriculture and agricultural water user ' ffiti; The site has not been traditionally used for agricultural purposes and is weR suited for urban residential development. Its location within the planning .risd .ctiorn and its proximity to urban services makes this property appropriate for the type of development being proposed. There will be no impact on agricultural uses within the Valley and no impact on agricultural water user facilities since this property will be served by a public water system. , Relation to the KaUspell Groff Policy: This property is In the Kalispell. Groff Policy's potential utility service area and is anticipated for this type of urban scale development. The future land use map for the area indicates this area is anticipated to be developed as Urban Residential. Areas designated as Urban residential are anticipated to be served by community water and surer and have good access to services and public facilities. This land use designation anticipates a density of three to 12 dwelhng umts per acre. The proposal would be built at a. densi-ty of 7 units per acre. This subdivision is'in compliance with the Kalispell Growth. Policy and its goals and policies. 4 fir. Compliance vn*th Zonings, This property has been zoned R - , an Urban. Two Family Residential zoning district that is intended for single-family and duplex (two rn*t townhouse) development. In addition, it allows larger townhouse r t development through the issuance of a conditional use pest. A conditional use perinit was approved by the city council for this project at the February 6, 2006 council meeting, This project is in compliance ce with the conditions of that permit. This subdivision also complies with the general R-4 zoning which has a. minimum lot sip requirement of 6,000 square feet and a minitnum lot Width of 50 feet. The subdivision complies with the zoning for the site. Compliance with the KaUspell Subdivision Regulations: This subdivision, complies with the State and local subdivision regulations and no variances are being requested. Staff recommends that the Kalispell city Council adopt staff report KS -o - I as f d m* s of fact and approve thepreliminary plat subject to the follomn*ng conditions: t . That the final plat for the subdivision shall be in substantial compliance with the approved preliminary plait. (Kalispell Subdivision Regulations, Appendix c - Final Flat) 2. New infrastructure required to serve the subdivision shall be designed and constructed, in accordance with. the City of Kalis ell's Standards for Design and Construction and shall be certified by are engineer licensed in the state o Montana. A letter from the Kalispell Public Works Department stating that the new infrastructure has been inspected and approved shall accompany the final plait application. (Kalispell design and construction. Standards) 3. That the shared common road and utility easement shall provide access for all four Lots. The access road shall be paved a..nd shall be constructed to a. minimum 20 foot width. (Kalispell Subdivision Regulations, Section 3.09). . The appEcant shall dedicate to the city an additional 15 feet of R v along the entire west side of the lot abutting t . Ave. West. (Kalispell Subdivision regulations section 3. o , Table 1). S. The developer shall provide a letter from the U.S. Postal. Service approving the plan. for xail service and when a. facility or improvement is re . red, said improvements shall be instal ed or bonded for. (Kalispell Subdivision Regulations, Section 3.22). . All utilities sha be inst ll.ed underground. K l's ell Subdivision Regulations, Section 3.17). 5 . That a note shall be placed on the lace of the *al plat which waives protest t the creation of a. special improvement district for the i t xrupgrade t Ave. West (Kalispell Subdivision Regulations Section 3. 9, (J)) . All areas disturbed during development of the subdivision shad be re -vegetated with a weed -free mix immediately after development 9. That preliminary plant approval shall valid for a period of three years from the date of city council approval. Ka.lis :l . Subdivision Regula.tio s, Section 2.04). Tj 31 ,eturn to: Lori A. Fisher 1 Helena Flats Road Kai.ll , Montana 9 1 DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS OF SERMITY LANE ADDITION THIS DECLARATION is made this day of I , 2006, by LORI A. FISHER, 881 Helena Flats Road, Kalispell, Fontana, 59901, hereinafter referred to as the Declarant. RECITALS .. The Declarant has filed a plat of certain lands in City of Kalispell, Flathead County, Fontana, known as SERENITY LANE ADDITION, which the Clerk and Recorder of said county on the day of Plats, as Abstract oo, as Document Number in File case in Number . The Declarant is the owner of all the lots in said Serenity Lane Addition and is desirous of subjecting said real property to the conditions, covenants and restrictions hereinafter set forth, each and all of which are for the benefit of said property and for each owner and contract purchaser thereof, which shall insure to the benefit of and pass with said property and each and every parcel thereof and shall apply to and bind the successors in interest of any owner or contract purchaser thereof; NOW, THEREFORE, the Declarant, having established a general plan for the improvement and development of said property, does hereby establish the conditions, covenants and restrictions upon which and subject to whiick all the property and any portions thereof shall be improved or sold and conveyed by them as owners and hereby declare that said property is and shall be held, transferred, sold and conveyed subject to the conditions, covenants and restrictions hereinafter set forth which are to run with the land and shall be binding upon all successors in .interest o the Declarant and the present owners. ARTICLE I DEFINITIONS Section 1: "Association" shall mean and refer to the - se en .ty Lane Addition Homeowner's Association, which shall be an association with each lot having one member on the Board of Directorse its successors and assigns Section 2: "Properties" shall mean and refer to that certain property described herein as Serenity Lane Addition. "Properties shall also mean and refer to any addition of real properties as may hereafter be brought within the jurisdiction of the ,association, except that such reference shall in no way subject such additions to the Protective Covenants hereinafter set forth. Section ,"Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties. Section "Member" shall mean and refer to every person or entity who is a member of the Association. Section "Owner" shall mean and refer to every person or entity who is a record owner of a fee, or undivided fee, interest in any lot which is subject by covenants of record to assessment by the Association. Record owners who have sold any lot under a Contract for Deed shall be considered the owner for all purposes herein. Persons or entities having an .Merest in ay .lot merely security for the performance of an obligation are hereby excluded. Section 6 ow "Declarant" shall mean and refer to Lori A. Fisher, ARTICLE 11 PROTECTIVE COVENANTS The real property described above is subjected to these conditions, covenants and restrictions hereby declared to insure the best use and the most appropriate development and improvement of each lot creat ed t- to protect the owners and contract purchasers of tracts of .land against such improper use of surrounding building lots as will depreciate the value of their property{ to preserve so far as is practicable the natural beauty of said property, to guard against the construction of buildings of improper or unsuitable material; to insure the highest and west development of said property, to encourage and secure the construction of attractive buildings and to provide for high duality improvements on said property and thereby to enhance the values of improvements made by purchasers of lots. Section 1: Interference With Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved over, under, and across affected lots and granted to the present and future owners of lots benefited as such easements are shown on the recorded plat of Serenity Lane Addition and for the use and benefit of any lot owners of any other property annexed as provided shall be placed underground. Any lot owner who shall place any building, improvement, shrub, hedge or tree on any easement shall be required, without notice, at the request of any other affected lot owner or utility company to remove such structure, improvement or vegetation if such removal shall facilitate installation, repair or maintenance of utilities within said easement area. Section Land Use And Building e. No structure shall be erected, altered, placed or permitted to remain on any portion of any lot other than those in conformance with the underlying zoning district. No garage shall be larger than is convenient and necessary for the storage of three automobiles, boats or pickup trucks. Such other buildings as may be incidental to residential use of the property are permitted, but ,in no case shall there be constructed or maintained any garage or storage facility larger than i necessary to accommodate a conventlonal pickup truck and camper or boat and trailer in excess of twelve (1 ) feet in height other than the existing structure. o trade, craft, business, profession, commercial or manufacturing activity at any time shall be carried on or conducted from any of the residences. However, those arts, crafts or professions conducted solely by family members conducted entirely within residential structures shall be permissible as shall be instructional or child care activities such as music lessons, day care and nursery activities for no more than five ) children. No traffic shall be generated by such home activities in greater volume than would normally be expected in a residential neighborhood. No equipment or process shall be used which creates visual or audible .interference with any radio, television or telephone receivers off the premises or which cause fluctuation in electrical line voltage off the premises. No satellite television or radio receiver or antenna exceeding four 4) feet in diameter shall be allowed on any lot unless it is screened from view. Section uildin bite. Dwellings shall be Located in conformance with the setback set forth by the underlying zoning district. Section Building Standards, The following construction standards shall be followed for all buildings placed on the lots: (a) All construction once begun shall be competed as to exterior finish within one 1 year after start of construction. b o structure of any kind of what .is commonly known as "boxed." or "sheet metal" construction shall be built or moved onto any lot. (c) No structure commonly described as ""mobile home" or "trailer" shall be placed or remain on any lot for any purpose except that recreational vehicles and travel trailers may be kept and used subject, however, refer to Section 7 of this Article. (d) No structure commonly described as ""A -frame" shall be permitted on any lot. (e) Each structure once constructed on a lot shall b kept in the same condition as at the time of its initial construction, excepting only normal wear and tear. All structures shall be preserved and f pleasant appearance by maintaining paint, stain or sealer as needed. if any structure is damaged in any way, the owner shall, with due diligence, rebuild, repair and restore the structure to its appearance and condition prior to the casualty. Reconstruction shall be completed within one l year of the casualty. Section eedi ..and weed. Control. wild weeds and grass shall be mowed . n a regular basis to prevent them from reaching seed stage. wherever a structure is reconstructed on any lot. Section Pets. All animals permitted by this section shall be contained within the boundaries of their own r f s lot. Section 7: Recreational Vehicles. Mobile homes, trucks not exceeding one -ton capacity, trailers, or boats shall be a,ll.owed to park on any road or .lot within the boundaries of their lot. Commercial or construction equipment may be stored on a lot site or street only during periods of construction. Section 8., Lot . ....... .ppearance* o part of any lot shall be used to store or place rubbish, trash, garbage, junk cars or other unsightly objects. Section : Setback lines. No building shall be located on any lot that violates zoning setbacks. Section 1: Exterior Maintenance. Each lot owner shall provide for exterior maintenance of their structures including painting, staining, sealing and repairs. Each lot owner shall avoid accumulation of refuse, unsightly ob ect or other material prohibited by these covenants. Section 11 Sewage. No individual sewage disposal system shall be permitted on any lot. All lots are served by the C.ty of Kalispell and shall be required to use same. Section 12: Garbage. All garbage cans used in connection with any dwelling shall be deposited ,in containers provided by the City of Kalispell. Section 13: Nuisances. No noxious or offensive activity' shall be carried on or permitted upon any of the .dots, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood nor shall a lot be used in any way or for any purpose which may endanger the health or safety of or unreasonably disturb the residents of any lot. outdoor barbecues are not considered nuisances under this section. Section 14: Boundary control Monuments. The Declarant has caused survey monuments to be placed on the corners of each lot. It shall be the responsibility of the owner of each lot to imedlatel.y provide for professional replacement of any survey monument that are removed, lost or obliterated from his lot. ARTICLE III WMRSI Section : Every person or entity who is a. record owner of a fee or undivided fee interest in any lot which is subject by covenants of record to assessment by the Association in Serenity Lane Addition shall be a member of theAssociation; excepting, however, any person or entity who has sold or is selling any such lot under contract For Deed shall not qualify as member of the Association. Every person or entity purchasing any such lot under a. contract For Deed shall be a member of the Association. . The forgoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall b appurtenant to and may not be separated from ownership of the lot which is subject to assessment by the Association. Ownership of such lot shall be the sole qualification for membership. ARTICLE IV ROADWAY S S A AND ABSESSMENTS Section 1: Roadways. The Declarant hereby declares that the Association is the owner of the roadway described and depicted as the Common Area on the plat of Serenity Lane Addition for the use and benefit of the lot owners of Serenity sane Addition and for the use and benefit of owners f lots. Section creation of Personal Obligation. In order to finance the maintenance, repair, insurance and other costs incurred in improving and maintaining the roadway, the declarant of each lot owned within the properties covenants to and with each ether owner of any lot by acceptance of a Deed or Contract For Purchase of any lot within the properties, whether or not it shall be so expressed in said Deed or contract is deemed to covenant and agree to be a member of and subject to the assessments and duly -enacted by-laws and other rules of the Association. The Association is authorized and directed to determine annually the amount necessary to maintain and improve the roadway and assess each ,dot owner accordingly. Each assessment shall be the personal obligation of the owner of each lot as of the date of assessment. This personal obligation shall not pass to successors in title unless expressly assumed by them. Section Uniform Rate of Annual Assessment. Annual lots and assessments must be fixed at a uniform rate for all may be collected on a monthly, quarterlyr semi-annual or annual basis as determined by the hoard of Directors. Lots which have multi -family dwellings on them shall be assessed such that each dwelling on the lot is assessed as on lot. For example, if each lot is assessed $50.00 per annum for roadway maintenance and improvement. Section 4 Special Assessments. In addition to the annual assessment authorized above,.. the Association, through its Board of Directors may levy in any assessment yea., a special assessment applicable to that year only, which shad.l be in addition to the annual. assessment. Such special assessment shall be exercised and levied only for the purpose of defraying in whole or in part the cost of any installation, construction, or reconstr ctlon repair or replacement of a portion or all of the roadway, provided that before any such special assessment may be levied, it shall have the assent of three -fourths ( 4) of the total of both classes of members who are voting in person or by proxy at a meeting duly cal.l.ed for that purpose. ARTICLE VII ENENEN Section 1: The Declarant or any lot owner shall have the right to enforce by any proceeding at law or in equity all restrictions, conditions, covenants and amendments now or hereafter unposed pursuant to the provisions of this Declaration. The failure of the Declarant, the Architectural control committee or any owner to enforce any covenant or restriction herein contained shall not be deemed to ,be a waiver of the right to do so thereafter. The de- clarant shall not have the duty to take any affirmative action to enforce any restrictive covenants nor shall it be subject to any liability for its failure to so act. Section 2: The Board of Directors may notify any owner violating any restrictive covenant specifying the failure and demanding that it be remedied within a period of thirty 0 days. If the owner fails or refuses to remedy the violation, ion, the Association, at the lot owner' s expense, shall correct the deficiencies set forth in the notice. If the lot owner fails to reimburse the committee thirty 0 days after mailing a statement for correcting the deficiencies, the Association .a institute a civil action to collect such sum of money together with court costs and reasonable attorney's fees. No entry upon a lot by the Association or its agent for purposes of enforcing these covenants, shall he deemed a civil or criminal trespass. Section Attorne , s... fees, If any person entitled to do so shall commence legal proceedings in court to enforce any provisions of this agreement, the prevailing party in such action shall be entitled to recover from the other party reasonable attorney' s fees and costs 'of said action. Section 4: Severability. Invalidation of any on of these covenants or restrictions by judgment or court order shall in no way affect the remaining provisions which shall remain in force and effect. INWITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto caused this instrument to he executed the day and year first acre written. STATE of MONTANA} SS County of Flathead LI A. FISHER On this day of , 2006, before me, the undersigned Notary Public for the State of Montana, personally appeared LO I A. FISHER, and known to me to be the person whose rare is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed ray Notarial Seal the day and year in this certificate last above written. James H. Burton Notary Public for the State of Montana Residing at Kalispell, Montana My Commission Expires 6/18/2007 City of Kalispell Planning Department 1 - 2'a street East, Suite 211, Kalispell, Montana 59901 Telephone: 0) 5 1 - 1 50 `a: 0751-1858 MINOR SUBDIVISION PRELIMINARY PLAT APPLICATION FEE SCHEDULE: FEE ATTACHED: �.� Minor Subdivision 5 or fearer lots) $350 + 1 oo / lot Mobile Horne Parks & Campgrounds $350 + 100 space r fewer spaces - land is not subdivided) Amended Preliminary Plat Amendment to Conditions Only $350 base fee Re -configured Proposed. Lots Base fee plus $ o lot Add Additional Lots or Su lots Base fee plus $100/lot Subdivision variance $100 (per variance) Commercial Subdivisions Add $200 to base Preliminary plat fee SUBDBSI N NAM ................SERENITY CAFE ADDITION OWNER S F RECORD: Name Lori. Fisher Phone 982-3 o Mailing Address s 1 Helena Flats Road Ka . el State Montana Zip 59901 TECHNICAL PROFESSIONAL PARTICIPANTS (Survey Designer/ Engineer,, etc.): Name Address- Jackola Engineering, P.O. lox 1134., Kal. t. 59903 Name Address Jody,.Middleto I Helena Flats Road Kai. L.Mt. 59901 Name Address LEGAL DESCRIPTION OF PROPERTY: City/County Ka1is ell Street Address 1310 t Avenue west Assessor's Tract No.$) 8TH - 05 Lot Nos 1 4 Sec SE Section. 18 Township 28N Range. GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces 4 Total Acreage in Subdivision 25,128 S.F. Total Acreage In Lots 19,888. . S.F. Minimum Size of Lots or S�3 # 1.1 S. `. Total Acreage i. Streets or Roads 1 sS.F. S. Maximum size of Lots or Spaces -7,15,42 S.F. Total Acreage in Parks, Open Spaces and/or Common Areas -3.3,394 S.F.� I PLEASE ANSVVR THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW: .. Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? 2. WiR the variance case a. substantial increase in pubhc costs? 3. Will the vaxiance affect, in any manner, the provisions of any adopted zoning regulations or MasterPlan? . Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the .arshi 5, What other conditions are unique to this property that create the need for a ariance 3 APPLICATION CONTENTS. The subdivider shall submit a complete application addressing ressin items below to the Kalispell Planning Department at least thirty five 35 calendar days prior to the date of the Kalispell City Council meeting at which it will be considered, unless other arrangements have been made with the planning staff. Submittals shall irclule 1. Preliminary plat application. 2. 5 copies of the preliminary plat. 3. One reproducible set of supplemental information. (See Appendix A of Subdivision Regulations for the city where the subdzvision is proposed.) 4. One reduced copy of the preliminary plat not to exceed. l " x ' " in size. 5.Application fee hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be untrue., i understand that any approval based thereon may be rescinded., and other appropriate action taker. The signing in of this application signifies approval for the Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. LOW FXSHER aZ~/~44e (Date) W MIND: NET Lor / ,84R? S.F. LOr 2 , 411 S.F. LOT 3 4.* M6 S.F. LOr 4 71W S.F. LEVKAlW R04D SEREA Cq&W 1 M" AREA ,q: $.'. ,�. . . 416t5 S.F. ,M 5 S.F. TOTAL ARC 25 ,10 S.F. PLAraF rY LAND' , $A V4 cr sw" 4 r^ Rml� Pr D TO 4k1 LOT) MW Ji At. Amaw " Aw " PPM JW j im uoun 8TE co � 8T6B 8T6 10 -ram 8TIO: 7 8TK4BTKa+ 8TK � R- w s � �, =� • i s 8TW 8T' 8TTl 8 T 8TW A8T!9 8TF 8 X 8TW A TWC 8TJ 8T 8TJIB 8TY8 P � 8TO 8TYB c 8T7 8 8T4 -8 T 8T8 8T5 8TI , 8T BTI 2-5 8TAA VICINITY MAP SCMX i200' JODY MIDDLETON & LORI FISHER PRELIMINARY PLAT - SERENITY LANE ADDITION A 4 LOT (1 SINGLE FAMILY 3 TOWNHOUSE UNITS) RESIDENTIAL SUBDIVISION ON 1/2 ACRE IN THE R-4 TWO-FAMILY RESIDENTIAL DISTRICT FILE# KSR-06-01 �.DAM �� ol.d,g