Staff Report/Final PlatCity of Kalispell
Planning Department
17 - 2"d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
REPORT TO: Kalispell Mayor and City Council
FROM: Nicole C. Johnson, Planner 11
James H. Patrick, City Manager
SUBJECT Final Plat for Westwood Park
MEETING DATE: May 21, 2007
BACKGROUND: This is a request from Jackola Eng[neering on behalf of Craig and
Connie Denman for final plat approval of Westwood Park which plats 29 lots on
approximately nine acres. The property is located at the northern terminus of
Corporate Drive northwest of the National Flood Service building.
The Kalispell City Council approved the preliminary plat and the Planned Unit
Development (PUD) overlay of Westwood Park in August of 2005 subject to 28
conditions. However, changes to the type of housing units and secondary emergency
access became necessary due to market demands and floodplain issues; City Council
adopted an amendment to the PUD in March of 2007. The developer has completed
more than two-thirds of the necessary infrastructure to serve the project site and has
included a Subdivision Improvement Agreement (SIA) for the remaining work which
includes items such as the hammerhead turn around, a footbridge and pedestrian
path, landscaping, park amenities, repairs to the existing storm water system, etc.
The SIA bond amount totals $112,771.76 and the Kalispell Public Works Department
and Parks and Recreation Department has reviewed the cost associated with the SIA
and approved the estimated cost of completion.
RECOMMENDATION: A motion to approve the final plat for Westwood Park and
accept the Subdivision Improvement Agreement would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATPVES: As suggested by the city council.
Respectfully submitted,
Nicole C . Johns;ia
Planner 11
C�J�ames H. Patrick��
City Manager
Report compiled: May 15, 2007
Attachments: Letter of transmittal
Final plat application and supporting documents
City of Kalispell
Planning Department
17 - 2d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
May 15, 2007
James H. Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Final Plat for Westwood Park
Dear Jim:
Our office has received an application from Jackola Engineering for final plat approval
of Westwood Park which plats 29 lots on approximately nine acres. The property is
located at the northern terminus of Corporate Drive northwest of the National Mood
Service building.
The Kalispell City Council approved the preliminary plat and the Planned Unit
Development (PUD) overlay of Westwood Park in August of 2005 subject to 28
conditions. However, changes to the type of housing units and secondary emergency
access became necessary due to market demands and floodplain issues; City Council
adopted an amendment to the PUD in March of 2007. The developer has completed
more than two-thirds of the necessary infrastructure to serve the project site and has
included a Subdivision Improvement Agreement (SIA) for the remaining work which
includes items such as the hammerhead turn around, a footbridge and pedestrian
path, landscaping, park amenities, repairs to the existing storm water system, etc.
The SIA bond amount totals $112,771.76 and the Kalispell Public Works Department
and Parks and Recreation Department has reviewed the cost associated with the SIA
and approved the estimated cost of completion.
The following is a list of the conditions of preliminary plat approval for this subdivision
and a discussion of how they have been met or otherwise addressed.
COMPLIANCE WITH CONDITIONS OF APPROVAL
Condition No. 1. That the development of the site shall be in substantial
conformance with the application submitted, the site plan, materials and other
specifications as well as any additional conditions associated with the PUD as
approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final
Plat)
This condition has been met. Some minor modifications have been made to the
lot layout, infrastructure, and housing type for a variety of reasons. The 15
proposed townhouse units along the perimeter of Westwood Park identified in
the preliminary plat will be replaced with 13 single family lots averaging 7,000
or more square feet in size and is an adjustment to current market demand.
This change is more in keeping with the wishes of the Greenbriar neighbors and
the lots have been renumbered to reflect this change.
Additionally, the secondary emergency access which was planned to connect to
Cooper Lane and ultimately Two Mile Drive will now terminate at the end of
Corporate Court with an approved hammerhead turn around. The change was
in part an effort to reduce impacts to the floodplain and West Spring Creek and
was approved by the Council via Ordinance No. 1603. A revised PUD site plan
and final plat were submitted on May 4, 2007 to reflect these changes. Staff
determined the final plat and PUD submitted substantially conforms to the
preliminary plat and PUD plan approved in August 2005 and as amended in
March of 2007.
Condition No. 2. That the plans and specifications for all public infrastructure be
designed and in accordance with Kalispell's Standards for Design and Construction
Standards and a letter shall be obtained stating that they have been reviewed and
approved by the Kalispell Public Works Department. (Kalispell Subdivision
Regulations, Chapter 3, Design Standards, Section 3.01).
A letter from the Kalispell Public Works Department dated October 17, 2005
confirms that the department reviewed and approved the plans and
specifications prepared by Thor A. Jackola, a licensed engineer. The
department further approved the developer's infrastructure plans for the
hammerhead turn around serving lots 3, 4 and 5 (see letter from the Public
Works Department dated 5/3/07).
Condition 3. A letter shall be submitted with the final plat from an engineer licensed
in the state of Montana certifying the improvements have been constructed in
accordance with the approved plans and specifications. As built drawings shall be
submitted to the Kalispell Public Works Department prior to final plat submittal for
the completed infrastructure. A letter from the public works department shall
accompany the engineer's certification stating that this condition has been met or
otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design
Standards, Section 3.01).
This condition has been met. Thor Jackola, a licensed engineer, certified that
the improvements installed to date (sewer, water, storm drainage, roads, curbs
and sidewalks) had been constructed in accordance with the City of Kalispell's
Minimum Standards of Construction (3/13/07). A letter from the Public Works
Department dated May 13, 2007 indicated that their office had received the as
built drawings and the department approved the completed infrastructure
based on that certification, video records of the sanitary sewer system and
receipt of a SIA containing an estimated 25 percent of the costs for the
remaining construction.
2
Condition 4. An engineered stormwater management plan shall be developed which
utilizes on site retention methods and insures that adjoining properties will not be
impacted by stormwater runoff, snow melt or surface water.
This condition has been met. An engineered site drainage plan (design run-off
calculations from Jackola Engineering 8/24/07) and a storm water
management plan have been submitted and approved by the Kalispell Public
Works Department. The department determined at the time of submittal that
the engineered drainage calculations met the requirements outlined in the City
Standards for Design and Construction. However, necessary repairs and
maintenance to the system and infrastructure are necessary and have been
included in the SIA and will be completed by May 31, 2007 for an estimated
800 dollars.
In addition, a storm water management permit was obtained (SW07-004) from
Public Works Department on May 7, 2007 per the new Ordinance 1600
regulating storm water.
Condition 5. Front yard setbacks for the townhouses that have garage access directly
along the right of way shall be setback a minimum of 20 feet to insure that all vehicle
parking is outside the public right of way. This would not apply to townhouses that
have some other provision for handling access and on site parking. (Site Development
Review Committee)
This condition has been met. The revised PUD site plan submitted (5/4/07)
includes a depiction of the proposed building envelope (including the garage)
within each lot shown on the plat; 20 foot setbacks from the sidewalk to the
front of the buildings have been maintained.
Condition 6. A minimum 20 foot rear setback shall be maintained between the
buildings and the exterior boundaries of the subdivision.
This condition has been met. The revised PUD site plan (5/4/07) includes a
minimum 20-foot rear setback along the exterior of the subdivision.
Condition 7. That covenants, conditions, and restrictions for the subdivision shall be
provided that include a provision for the private conservation and maintenance of
common areas as well as compliance with the approved planned unit development
elevation drawings, treatments and other architectural elements.
This condition has been met. The covenants, conditions, and restrictions
(CCRs) for the Westwood Park PUD were provided and include adequate
provisions for the private conservation and maintenance of common areas,
including the sidewalk and rock wall north of Lot 3, Corporate Court and the
turn around serving lots 3, 4 and 5 (Article IV, Maintenance and Article IX,
Rights and Obfigations of the Association). The CCRs also contains specific
architectural design elements approved in the PUD (Article XI - Architectural
Standards).
Condition S. A note on the face of the final plat shall be provided for the pro-rata
share of ownership of the common area for taxation purposes.
0 This condition has been met.
Condition 9. Townhouse lots within the subdivision shall be identified by a lot
number and letter such as Lot 1A, 1B or IC rather than being numbered sequentially
as shown on the preliminary plat.
This condition has been met. Townhouse lots are located in the center of the
subdivision and are identified with a number and a letter (lots 7, 8, 9, 14, 15,
17).
Condition 10. That permits be obtained from the Flathead Conservation District,
Montana Department of Natural Resources and the Montana Department of
Environmental Quality for work done along the creek channel or a letter from those
agencies stating that the scope of work does not require permitting. (FCCD / DNRC)
A 3 10 Permit was obtained from the Flathead Conservation District on March
12, 2007 to work within West Spring Creek. Specifically, work related to the
walking path, footbridge, and hammerhead turn around was permitted. The
Conservation District coordinates with agencies such as Fish, Wildlife and
Parks and is ultimately an extension of the Department of Natural Resources
and Conservation. The Department of Environmental Quality only comments
when issues are present; no comments were received. Therefore, the 310
Permit suffices for this condition.
Condition 11. That a minimum 10-foot buffer shall be established between the
western internal roadway and Greenbriar Subdivision to provide screening and
buffering between the road and these houses. This shall be in the form of berming,
fencing or landscaping or a combination thereof. These improvements are to be
coordinated with the Kalispell Public Works Department, the Parks and Recreation
Department and the homeowners in Greenbriar Subdivision to the west.
This condition has been met. The 10 foot buffer has been established and
exists within the 60 foot right-of-way. All parties have been coordinated with to
the extent possible and are outlined below.
The Kalispell Parks and Recreation Department reviewed the buffer plan for this
area and concluded that the requirements of the condition had been met per a
letter dated May 3, 2007. The Public Works Department was coordinated with
and requested that no trees be placed within the French drain area running
along the north side of the property to ensure functionality of the system. The
developer agreed to place creeping vines along the fence and remove weeds from
the area and has included landscaping for this buffer area in the SIA.
A letter from Denman Construction dated March 30, 2007 details coordination
with the Greenbriar neighbors over the course of this project. The result of this
effort was a six-foot tall tan vinyl fence and a drainage swale running along the
western property boundary to ensure any run-off would be channeled into
Westwood Park's storm water system. Five out of nine neighbors approved of
the improvements - one of the neighbors was unavailable and three refused for
various reasons.
4
Condition 12 (as amended). The following requirements shall be met per the
Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in
accordance with International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International
Fire Code (2003) Chapter 5.
d. Secondary emergency vehicle access shall be provided in accordance with
International Fire Code (2003) Chapter 5 and Kalispell Subdivision
Regulations.
e. It should be noted that hazardous weed abatement shall be provided in
accordance with City of Kalispell Ordinance 10-8.
L Street naming shall be approved by the fire department.
This condition has been met. A letter from the Kalispell Fire Department
dated February 27, 2007 has been submitted approving the fire hydrant
locations, fire flow, and fire department access subject to a couple of
conditions. The letter required that street signage and the fire department
access and turn around area east of Lot 5 be in place prior to combustible
construction. A subsequent letter from the Kalispell Fire Department dated
(4/23/07) addressed the amended Ordinance 1603 and is sufficient to meet
this condition. These improvements have been bonded for and are included in
the SIA dated May 4, 2007.
Condition 13. That a letter be obtained from the Kalispell Parks and Recreation
Director approving a landscape plan for the placement of trees and landscaping
materials within the five foot landscape boulevard developed between the curb and the
sidewalk. (Kalispell Subdivision Regulations, Section 3. 11).
This condition has been met. A letter from the Kalispell Parks and Recreation
Department dated July 24, 2006 approved the initial landscaping plan and
required the improvements be bonded for should the project be extended. A
subsequent letter from the Kalispell Parks and Recreation Department dated
May 3, 2007 approved the revised landscaping plans and further specified
requirements for the trees and seeding or sodding per city standards. The
applicant has bonded for the improvements which was certified by an engineer
and approved by the Kalispell Public Works Department (letter dated 5/4/07)
and the Kalispell Parks and Recreation Department.
Condition 14. That the areas designated on the plat as common shall meet the
requirements for parkland dedication provided they are developed in accordance with
a plan approved by the Kalispell Parks and Recreation Director that provides
recreational amenities including but not limited to pedestrian access, irrigation,
landscaping and play equipment so as to provide a recreational component within the
development and not simply left as passive open space. A letter shall be submitted
with the final plat stating that the common areas have been developed in accordance
5
with the approved park development plan. (Kalispell Subdivision Regulations, Section
3.19).
This condition has been met. The common areas included on the final plat
substantially comply with the preliminary plat and PUD plan. The Kalispell
Parks and Recreation Department has approved the proposed landscaping and
amenity package for the common areas (Letter from Chad Fincher, Parks
Superintendent, 5/3/07). The improvements have yet to be installed or
landscaped and are included in the SIA dated May 4, 2007.
Condition No. 15 (as amended): That a detailed flood study be completed
determining the exact location of the floodway. No fill, development or other
disturbance of soil or vegetation shall be allowed within the floodway. The location of
the roadways and bike path / secondary emergency access shall be relocated so that
no fill, development or disturbance of vegetation occurs in the 100 year floodplain
unless otherwise absolutely required. Any work, development or fill in the 100 year
floodplain shall be kept to a minimum and shall be directly related to providing
secondary emergency access for the subdivision of the north approximately 400 feet of
the bike /and pedestrian path / emergency access road. It is anticipated that this
may result in the reconfiguration and / or loss of lots within the subdivision.
This condition has been met. A detailed flood study was completed by
Billmayer Engineering (3/29/06) and determines the exact location of the
floodway which is shown on the final plat. As a result, some of the lots were
reconfigured; work within the floodplain was limited to the hammerhead turn
around, footbridge and pedestrian access to the subdivision.
Condition No. 16: A floodplain development permit shall be obtained from the
Kalispell Floodplain Administrator for any limited but necessary work to be performed
within the 100 year floodplain.
This condition has been met. Floodplain Development Permit (# 07-01) was
obtained and work within the floodplain and portion of the floodway fringe was
deemed necessary to provide stabilization and appropriate grades for a fire
truck turn around at the end of Corporate Court and pedestrian access via a
bike path and footbridge at the north end of the subdivision.
Condition No. 17: 'Ihat a note be placed on the face of the final plat that waives
protest to the creation of a special improvement district for the upgrade of roads in the
area to City standards which may be impacted by this development.
0 This condition has been met.
Condition No. 18 (as amended). That a letter be obtained from the Kalispell Public
Works Department stating that the proposed emergency turn around has been
reviewed and approved and any associated and necessary improvements have been
satisfactorily completed.
This condition has been met. The Public Works Department indicated in the
letter dated May 4, 2007 that the infrastructure improvements and streets have
been reviewed and approved. Their department reviewed a certified SIA and
determined the improvements had been adequately bonded for to meet this
condition.
Condition No. 19: The roads within the subdivision shall be named and signed in
accordance with the policies of the Kalispell Public Works Department and the
Uniform Traffic Control Devices Manual and be subject to review and approval of the
Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works
Department stating the naming and addressing on the final plat have been reviewed
and approved (Kalispell Subdivision Regulations, Section 3.09).
This condition has been met. The letter from Public Works dated March 13,
2007 indicated their department reviewed and approved the naming and
addressing on the final plat. The Fire Department required that street signs be
installed prior to combustible construction and would be subject to review and
approval by their office (refer to letter dated 2/27/07). The street signs have yet
to be installed and are included in the SIA.
Condition No. 20: All existing and proposed easements shall be indicated on the face of
the final plat. Utility easements for City water and sewer shall be provided to allow for
the logical extension of utilities from this subdivision to adjoining properties. A letter
from the Kalispell Public Works Department shall be obtained stating that the required
easementsare being shown on the final plat.
This condition has been met. A letter dated March 13, 2007 was submitted
from the Kalispell Public Works Department stating that all existing and
proposed easements are indicated on the face of the final plat.
Condition No. 21: The developer shall provide a letter from the U.S. Postal Service
approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22).
This condition has been met. A letter of approval and map identif3dng the plan
for mail service dated June 8, 2006 has been received. This subdivision will
utilize pre -approved mail facilities.
Condition No. 22: Street lighting shall be located within the subdivision and shall
have a full cutoff lens so that it does not intrude unnecessarily onto adjoining
properties. (Kalispell Subdivision Regulations Section 3.09(L)).
This condition has been met. Street lighting has been installed in the
subdivision and was done so in compliance with the Kalispell Subdivision
regulations identified above.
Condition No. 23: All utilities shall be installed underground. (Kalispell Subdivision
Regulations, Section 3.17).
0 This condition has been met.
Condition No. 24: That a minimum of two-thirds of the necessary infrastructure for
this subdivision shall be completed prior to final plat submittal.
7
This condition has been met. A letter from Thor A. Jackola dated March 13,
2007 stated that the subdivision was estimated to be 90 percent complete. The
applicant has bonded for remaining work which is detailed in the SIA dated
May 4, 2007, Exhibit B. The SIA was certified by a licensed engineer and
approved of by the Kalispell Public Works Department.
Condition No. 25: All areas disturbed during development of the subdivision shall be
re -vegetated with a weed -free mix immediately after development.
This condition has been met. The applicant has bonded for this condition
which will be accomplished by August 1, 2007 as indicated in the SIA.
Condition No. 27: That a development agreement 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.
This condition has been met. The development agreement dated August 8, 2006
has been updated to reflect Ordinance 1603 (amendment related to the planned
secondary emergency access or hammerhead turn around and related work within
the floodplain), proposed changes to lots in December of 2006, and a minor
clarification to setback requirements approved through the Site Development
Committee on July 20, 2006.
Condition No. 28: That preliminary plat approval for the planned unit development
shall be valid for a period of three years from the date of approval. (Kalispell
Subdivision Regulations, Section 2.04).
This condition has been met. This plat has been filed within the allowed
timeframe.
CONIPLIANCE WITH APPROVED PRELDMARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
reviewed and approved by the City Council on August 1, 2005.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat was found to be in compliance with the State and City
Subdivision Regulations.
CONPLIJ4ACE WITH THE ZONING REGULATIONS
This subdivision is in compliance with the Kalispell Zoning Ordinance and the RA -1,
Low Density Residential Apartment, and PUD zoning designation for the property
which governs the dimensional requirements of the lots within the subdivision as well
as the uses.
RECONEMENDATION:
It can be found that the conditions of preliminary plat approval have been met or
otherwise adequately addressed. The staff would recommend that the Kalispell City
Council approve the final plat for the Westwood Park subdivision as well as accept the
associated SIA. Please schedule this matter for the regular city council meeting of May
21,2007.
Sincerely,
Nicole C. Johr son
Planner 11
Attachments:
Vicinity map
I lx17 copy of plat
1 reproducible mylar of final plat
1 copy of final plat
Final plat application received l/ 17/07
Letter from Jackola Engineering dated 3/13/07, 5/4/07
Letter from Kalispell Public Works Dept. dated 10/17/05, 3/13/07, 4/24/07, 5/3/07,
5/4/07
Letter from Jackola certifying infrastructure improvements dated 3 / 13 / 07
Letter from Jackola Engineering (Environmental Health Services) dated 6/30/06
Declaration of CCRs for Westwood Park Community Assoc. received 5/11/07
3 10 Permit # FL2007016 from Flathead Conservation District dated 3/12/07
Letter from Montana DEQ dated 9/23/05
Letter from Kalispell Parks and Recreation Dept. dated 5/3/07, 7/24/06
Letter from Denman Construction (Coordination with Greenbriar) dated 4/30/07
Letter from the Kalispell Fire Dept. dated 4/23/07 and 2/27/07
Subdivision Improvement Agreement dated 5/4/07
Letter from Billmayer engineering dated 3/29/06
Floodplain Development Permit # 07-01 dated 3/13/07
City of Kalispell Stormwater Management Permit # SW07-004 dated 5/7/07
Letter from the United State Postal Service dated 6/8/06
Amendment to the PUD Agreement and PUD Agreement dated 8 / 8 / 06
Memorandum from Site review Committee dated 7/20/06
Treasurers Certification dated 2/l/07
Title report dated 3 / 16 / 07
Consent to Plat from Glacier Bank dated 3/13/07
Revised Westwood Park Planned Unit Development Site Plan
c: Jackola Engineering, P.O. Box 1134, Kalispell, Montana 59903
Craig and Connie Denman, 5733 Highway 93 South, Whitefish, Montana 59937
Theresa White, Kalispell City Clerk
W
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this '4 -M day of JO.4,1 , 2Q 61_, by
and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part
and hereinafter referred to as the CITY, and
Craig & Connie Denman
(Name of Developer)
a Individual
(Individual, Company or Corporation)
located at P.O. Box 5420, Whitefish, MT 59937
�S—tr—eetAddress/P. 0. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Westwood Park Subdivision
(Name of Subdivision)
located at -KaliMell, Montana
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of Westwood Park
Subdivision , upon the conditions as set forth (Name division) in
the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit
A" have not been completed at this time, and the Developer wishes to bond for the completion of
those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial
security of 125% of the estimated total cost of construction of said improvements as evidenced by
an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ $90,217.41
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the
City, the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable
collateral as determined by the City Council, in the amount of $ . Said
Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following
the date set for completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $____1112J�71.76 the estimated cost of
completing the required improvements in Westwood Park Subdivision
(Name of Subdivision)
b. That if the Developer fails to complete the specified improvements within the required period,
the creditor will pay to the City immediately, and without further action, such flinds as are
necessary to finance the completion of those improvements up to the limited of credit
stated in the letter;
2. That said required improvements shall be fully completed by Augqg I___, 20 07
3. That upon completion of the required improvements, the Developer shall cause t� —be filed with
the City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the City for
their construction and that the Developer warrants said improvements against any and all
defects for a period of one (1) year from the date of acceptance of the completion of those
improvements by the City;
c. That the Developer knows of no defects 'in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been 'installed 'in conformance
with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -
WIT: That the Developer shall provide for inspection of all required improvements by a registered
professional engineer before the Developer shall be released from the Subdivision Improvement
Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall ftimish the Developer with a list of specific deficiencies and may withhold
collateral sufficient to insure such compliance. If the City determines that the Developer will not
construct any or all of the improvements in accordance with the specifications, or within the
required time limits, it may withdraw the collateral and employ such funds as may be necessary to
construct the improvement or improvements in accordance with the specifications. The unused
portions of the collateral shall be returned to the Developer or the crediting institution, as is
appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year
herein before written.
Craijz & Connie Denman
(Name o�gubdivision/Developer/Firm)
( 2 - ,
by
(Title)
STATE OF MONTANA
COUNTY OF 47-ftl�L
On this day of Maz. " 20-9-'7 , before me, a Notary Public for the
Gfintes L6Mavt� known to me to
State of Montana, personally appeare� cm-'r- C
7—
be the 0-0 whose namt5�i5qP1-
subscribed to the foregoing instrument and acknowledged to me thathv/the executed the same.
1-A
IN WITNESS WHEREOF, I have here an xed my Notarial Seal this day and
irst above written. to
41� * fJOTA RIAL
Pufilic for the State of Mon
otary _Tna A
esidin M—_ �_
V g at Allt
My Commission Exp1res
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR CITY CLERK
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction completion
date and estimated construction costs.
CHECK
CONSTRUCTION
ESTIMATED
PERCENTAGE
APPROPRIATE
COMPLETION
CONSTRUCTION
COMPLETE
IMPROVEMENTS
DATE
COSTS
Street Grading/Paving
X
8/l/2007
$128,950
90%
Street Base
X
8/l/2007
$49,747
97%
Sidewalks
X
8/1/2006
$80,725
100%
Curbs and Gutters
X
8/l/2006
$37,950
100%
Sanitary Sewer
X
8/l/2006
$33,267
100%
Mains
Other (ManholesJService
X
8/l/2006
$39,975
100%
On -Site Sewage
N/A
N/A
N/A
N/A
Facilities
Water System
X
8/1/2006
$70,677
100%
Mains
Other
X
8/l/2006
$37,275
100%
On -Site Water Supply
N/A
N/A
N/A
N/A
Water Storage Tanks
N/A
N/A
N/A
N/A
Fire Hydrants
X
8/l/2006
$21,000
100%
Storm Sewer or
X
8/l/2006
$113,855
100%
Drainage Facilities
Street Signs
X
8/1/2007
$2,000
0%
Street Lighting
X
8/l/2007
$20,800
100% FEC pd
Street Monuments
N/A
N/A
N/A
N/A
Survey Monument Boxes
N/A
N/A
N/A
N/A
Landscaping/Boulevard trees,
topsoil & Seeding
X
8/l/2007
$28,250
0%
(includes Common Areas)
Other (See Below)
X
Walking/excersize path
X
8/l/2007
$7,950
0%
Workout stations
X
8/l/2007
$6,800
0%
Footbridge & abutments
X
8/l/2007
$17,000
0%
Grass-crete
X
8/l/2007
$3,830
0%
Hammerhead turn around
traffic barrier/fencing
X
8/l/2007
$4,200
0%
Sidewalk railing x 8/l/2007 $5,000 0%
Utility repairs/maintenance x 5/31/2007 $800 0%
SUBTOTAL $90,217.41
FEES N/A
TOTALS COSTS $90,217.41
TOTAL COLLATERAL (TOTALS COSTS X 125-Y.) $112,771.76
THO
DC
GLACIER
-ABANK
May 7, 2007
Kalispell City Council
City of Kalispell
P. 0. Box 1997
Kalispell, MT 59901
RE: Modification — Irrevocable Letter of Credit No. 0 1 -06-287
An-iount (U.S. Dollars) $88,146.26
Modified Amount $112,771.76
Current Expiration Date: August 1, 2008
Modification Expiration Date: May 7, 2007
To Whom It May Concern:
The above referenced Letter of Credit was established in your favor for the account of.
Craig and Connie Denman — WESTWOOD PARK SUBDIVISION
Effective May 7, 2007, the amount of said Letter of Credit is hereby modified from
$88,146.26 to $112,771.76.
Please attach this Modification to the original Letter of Credit. To the extent applicable,
the original Letter of Credit and the Modification are subject to the Montana Uniform
Commercial Code and the Uniform and Practice for the Documentary Credits (1983
Revision) International Chamber of Commerce Document No. 400.
Sincerely,
Dave J. McNutt
Vice President
DJM/ks
website: www.glocierbank.com 0 email: glacier@glacierbank.com
MWBER 1*01(; AN LQUAL UPPORIUN11Y LENVER
Return to*
City Clerk
P.O. Box 1997
Kalispell, MT 59903
AMENDMENT TO THE
PLANNED UNIT DEVELOPMENT AGREEMENT
WEST WOOD PARK
THIS AGREEMENT is an amendment to that Planned Unit Development Agreement for
West Wood Park made August 8, 2006, by Craig and Connie Denman, of 5733 Hwy 93 South,
Whitefish, MT 59937, hereinafter WEST WOOD PARTNERSHIP, and the City of Kalispell, a
municipal corporation, of 312 Ist Avenue East, Kalispell, Montana 59901, hereinafter CITY;
WITNESSETH
WHEREAS, WEST WOOD PARTNERSHIP is the fee owner of certain real property located
in Kalispell, Flathead County, Montana, which is further described as Assessor's
Tracts 2CK, 2CH and 2CE located in Section 12, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana and is hereinafter referred to as
"Subject Property"; and
WHEREAS, WEST WOOD PARTNERSHIP entered into a Planned Unit Development
Agreement with the City of Kalispell for West Wood Park on August 8, 2006; and
WHEREAS, the parties agree that there is adequate consideration to make the following certain
amendments to that original agreement.
NOW THEREFORE, the parties agree that the following paragraphs of the original
agreement shall be amended to read as follows:
12. The following requirements shall be met per the Kalispell Fire Department: (Kalispell
Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code
(2003) Chapter 5.
PLANNED UNIT DEVELOPER'S AGREEMENT/WEST WOOD PARK
Page I of 3
d. Secondary emergency vehicle access shall be provided in accordance with International
Fire Code (2003) Chapter 5 and Kalispell Subdivision Regulations or as otherwise
approved by the Kalispell Fire Department.
e. It should be noted that hazardous weed abatement shall be provided in accordance with
City of Kalispell Ordinance 10-8.
f. Street naming shall be approved by the fire department.
16. That a detailed flood study be completed determining the exact location of the floodway.
No fill, development or other disturbance of soil or vegetation shall be allowed within the
floodway. The location of the roadways, bike path and emergency turn around shall be
relocated so that no fill, development or disturbance of vegetation occurs in the 100 year
floodplain unless otherwise absolutely required. Any work, development or fill in the 100
year floodplain shall be kept to a minimum and shall be directly related to providing an
emergency turn around for the subdivision. It is anticipated that this may result in the
reconfiguration and / or loss of lots within the subdivision.
18. That a letter be obtained from the Kalispell Public Works Department stating that the
proposed emergency turn around has been reviewed and approved and any associated and
necessary improvements have been satisfactorily completed.
§3.03 Lot Requirements, Setbacks and Common Areas
1. Setbacks for the buildings are as follows (see also Sec. 3.0311):
a. Front/side comer: 10- foot (20- foot minimum from garage door to sidewalk.)
b. Rear setback: 10-foot.
c. Side setback: 5-foot.
Dated this _ day of May, 2007.
WEST WOOD PARTNERSHIP
�-Y: Crai915- emnan
C-
by: Connie Denman-7:----
CITY OF KALISPELL
L-6A
James H. Patrick, City Manager
PLANNED UNIT DEVELOPER'S AGREEMENTAVEST WOOD PARK
Page 2 of 3
STATE OF MONTANA
):ss
County of Flathead
On this day of May, 2007, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared CRAIG DENMAN and CONNIE DENMAN that executed the
foregoing instrument, and each person acknowledged to me that he/she 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. r . ,, -- - -- -110/ '4o
o ry-Pn-11—c, Stqte of Montana
.Wingat LIU&Llat
My Commission E
STATE OF MONTANA
):ss
County of Flathead
On this _ day of May, 2007, before me, a Notary Public in and for the State of
Montana, personally appeared JAMES H. PATRICK, known to me to be the City Manager of the
City of Kalispell, a municipality, that executed the within instrument, and acknowledged that
such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act
of said municipality, for the uses and purposes therein set forth, and that he was duly authorized
to execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal,
the day and year first above written.
Notary Public, State of Montana
Residing at
My Commission Expires
PLANNED UNIT DEVELOPER'S AGREEMENT[WEST WOOD PARK
Page 3 of 3
3
PLANNED UNIT DEVELOPMENT AGREEMENT
WEST WOOD PARK
THIS AGREEMENT, made as of the ��ay of August, 2006, by Craig and Connie
Denman, of 5733 Hwy 93 South, Whitefish, MT 59937, hereinafter WEST WOOD
PARTNERSHIP, and the City of Kalispell, a municipal corporation, of 312 Ist Avenue East,
Kalispell, Montana 59901, hereinafter CITY;
WITNIESSETH
WHEREAS, WEST WOOD PARTNERSHIP is the fee owner of certain real property located
in Kalispell, Flathead County, Montana, which is further described as Assessor's
Tracts 2CK, 2CH and 2CE located in Section 12, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana and is hereinafter referred to as
"Subject Property"; and
WHEREAS, (i) WEST WOOD PARTNT-RSHIP desires to have a Planned Unit Development
overlay (PUD) upon the subject property currently zoned as RA-1 Low Density
Residential Apartment that would allow some flexibility in setbacks, lot coverage
and lot size; and
WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements
within the "Subject Property", and prescribe the permitted uses therein, the parties
hereto determine it to be in their interests to enter into this Development
Agreement.
1. GENERAL INTRODUCTION
§ 1.01 General
The use and development of the Subject Property shall substantially conform to and comply with
the provisions of the PUD Application filed by applicant and the conditions contained within
Kalispell City Resolution No. 5057 conditionally approving the preliminary plat of the West
Wood Park PUD and incorporated fully herein by this reference.
PLANNED UNIT DEVELOPER'S AGREEMENT/WEST WOOD PARK
Page I of 8
§ 1.02 Relationship to Zoning Ordinance
Except as specifically modified or superseded by this Development Agreement, the laws, rules
and regulations of the City of Kalispell governing the use and development of land and
buildings, including the City of Kalispell Zoning Ordinance, shall apply to the Subject Property.
§ 1.03 Drawings
The drawings comprising the Preliminary Plat and annexed to this Planned Unit Development
Agreement are an integral and essential component thereof, and they are incorporated by
reference herein.
§ 1.04 Effectiveness and Cancellation
The provisions of this Planned Development Agreement shall become effective immediately and
shall terminate upon the issuance of the final building permit for development of the Subject
Property. This Development Agreement may be modified or amended only as set forth in Article
rV hereof.
§ 1.05 Certification Procedure
Whenever in this Planned Unit Development Agreement a certificate by the Director of Public
Works is required to be given, such certificate shall be given within thirty (30) days of the receipt
of a completed application. Such an application shall be deemed to be complete up -on re I ceipt of
such drawings and narrative information as are reasonably necessary for the issuance of such
certification.
H. PARCEL DESCRIEPTION
§ 2.01 The Subject Property, described in the recitals above, shall be developed with the
infrastructure improvements as described below.
No building permit shall be issued for any of the parcels unless and until all improvements
specified in this Agreement as well as those infrastructure improvements which may be required
by the City of Kalispell's Standards for Design and Construction are either constructed or
security provided guaranteeing construction of said improvements for that particular parcel upon
which a building permit is requested.
M. SITE CONDITIONS
§ 3.01 Public Infrastructure and Easements
1. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the PLYD as approved by the city council.
PLANNED UNIT DEVELOPER'S AGREEMENTAVEST WOOD PARK
Page 2 of 8
H. The plans and specifications for all public inflastructure shall be designed and in accordance
with Kalispell's Standards for Design and Construction Standards and a letter shall be
obtained stating that they have been reviewed and approved by the Kalispell Public Works
Department.
IH. All utilities shall be installed underground.
TV. A minimum of two-thirds of the necessary infi-astructure for this subdivision shall be
completed prior to final plat submittal.
V. The following requirements shall be met per the Kalispell Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code
(2003) Chapter 5.
d. Secondary emergency vehicle access shall be provided in accordance with International
Fire Code (2003) Chapter 5 and Kalispell Subdivision Regulations.
e. Hazardous weed abatement shall be provided in accordance with City of Kalispell
Ordinance 10-8.
f' Street narriing shall be approved by the fire department.
VI. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public
Works Department shall be obtained stating that the required easements are being shown on
the final plat.
VII. An easement agreement shall be obtained for the secondary emergency access across the
private property to the east that encompasses the nature and intent of the proposed roadway.
VIR. A letter shall be submitted with the final plat from an engineer licensed in the state of
Montana certifying the improvements have been constructed in accordance with the
approved plans and specifications. As built drawings shall be submitted to the Kalispell
Public Works Department prior to final plat submittal for the completed infrastructure. A
letter from the public works department shall accompany the engineer's certification stating
that this condition has been met or otherwise adequately addressed
IX. An engmeered storm water management plan shall be developed which utilizes on site
retention methods and insures that adjoining properties will not be impacted by storm water
runoff, snow melt or surface water.
PLANNED UNIT DEVELOPER'S AGREEMENT/WEST WOOD PARK
Page 3 of 9
X. A note shall be placed on the face of the final plat that waives protest to the creation of a
special improvement district for the upgrade of roads in the area to City standards, which
may be impacted by this development.
XI. A letter shall be obtained from the Kalispell Public Works Department stating that the
proposed emergency accesses onto Cooper Lane has been reviewed and approved and any
associated and necessary improvements have been satisfactorily completed.
X111. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that
it does not intrude unnecessarily onto adjoining properties.
§3.02 Floodplain Requirements and Parks
I. Permits shall be obtained from the Flathead Conservation District, Montana Department of
Natural Resources and the Montana Department of Environmental Quality for work done
along the creek channel or a letter from those agencies stating that the scope of work does not
require permitting.
H. A detailed flood study be completed determining the exact location of the floodway. No fill,
development or other disturbance of soil or vegetation shall be allowed within the floodway.
The location of the roadways and bike path / secondary emergency access shall be relocated
so that no fill, development or disturbance of vegetation occurs in the 100-year floodplain
unless otherwise absolutely required. Any work, development or fill in the 100 year
floodplam' shall be kept to a minimum and shall be directly related to providing secondary
emergency access for the subdivision of the north approximately 400 feet of the bike /and
pedestrian path / emergency access road. It is anticipated that this may result in the
reconfiguration. and / or loss of lots within the subdivision.
III. A floodplain development permit shall be obtained from the Kalispell Floodplain
Administrator for any limited but necessary work to be performed within the 100-year
floodplain.
IV. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the five foot
landscape boulevard developed between the curb and the sidewalk.
V. Areas designated on the plat as common shall meet the requirements for parkland dedication
provided they are developed in accordance with a plan approved by the Kalispell Parks and
Recreation Director that provides recreational amenities including but not limited to
pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational
component within the development and not simply left as passive open space- A letter shall
be submitted with the final plat stating that the common areas have been developed 'in
accordance with the approved park development plan.
VI. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
PLANNED UNIT DEVELOPER'S AGREEMENTIWEST WOOD PARK
Page 4 of 8
§3.03 Lot Requirements, Setbacks and Common Areas
I. Front yard setbacks for the townhouses that have garage access directly along the right of
way shall insure a minimum distance of 20 feet between the garage and the sidewalk and
would apply to Lots 11, 12 and 13. This would not apply to townhouses; that have some
other provision for handling access and on site parking.
II. A minimum 20-foot rear setback shall be maintained between the buildings and the exterior
boundaries of the subdivision.
Ell. Covenants, conditions, and restrictions for the subdivision shall be provided that 'include a
provision for the private conservation and maintenance of common areas as well as
compliance with the approved planned unit development elevation drawings, treatments and
other architectural elements.
IV. A note on the face of the final plat shall be provided for the pro-rata share of ownersh . ip of
the common area for taxation purposes.
V. Townhouse lots within the subdivision shall be identified by a lot number and letter such as
Lot 1A, IB or IC rather than being numbered sequentially as shown on the preliminary plat.
VI. A minimum 10-foot buffer shall be established between the western internal roadway and
Greenbriar Subdivision to provide screening and buffering between the road and these
houses. This shall be in the form of berming, fencing or landscaping or a combination
thereof These improvements are to be coordinated with the Kalispell Public Works
Department, the Parks and Recreation Department and the homeowners 'in Greenbriar
Subdivision to the west.
VII. The roads within the subdivision shall be named and signed in accordance with the policies
of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual
and be subject to review and approval of the Kalispell Fire Department. A letter shall be
obtained from the Kalispell Public Works Department stating the naming and addressing on
the final plat have been reviewed and approved
VEII. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service.
IV. AMIENDMIENT OR MODMCATIONS OF
DEVELOPNMNT AGREEMENT
§ 4.01 This Development Agreement may be amended or modified only, by application of the
owner, in accordance with the procedures set forth herein.
§ 4.02 Applic ' ation for amendment or modification may be made, to the City of Kalispell Site
Review Committee, by any fee owner of a parcel in respect to the Subject Property.
PLANNED UNrr DEVELOPER'S AGREEMENTIWEST WOOD PARK
Page 5 of 8
§ 4.03 Modifications of this Development Agreement which are detennined by the Site Review
Committee to be minor modifications shall require only the consent of the Site Review
Committee, and shall not require the consent or approval of the City Council or any other public
agency. All amendments and modifications to this Development Agreement other than minor
modifications shall require the approval of the City Council of the City of Kalispell.
§ 4.04 All applications for modification or amendment of this Development Agreement shall be
filed with the Site Review Committee and the Site Review Committee shall promptly determine
whether the modification is minor or major.
§ 4.05 The Site Review Committee shall make its determination with respect to any application
for a minor modification subject to this Section within fifteen (15) days after it determines the
application to be subject to said minor modification.
§ 4.06 If the amendment or modification requested is of such a nature as to require approval of
the City Council, the Site Review Committee shall refer the matter to the City Council within
fifteen (15) days after it determines the matter requires Council review.
§ 4.07 The owner may appeal any decision of the Site Review Committee to the City Council,
who may affirrn, reverse or modify the Site Review Committee decision.
V. CONSTRUCTION PERWrTING
§ 5.01 General Requirements
1. No building permit in respect to the building in any structure shall be issued by the Building
Department until the Director of Public Works has certified to the Building Department that
the infrastructure improvements and roads as required herein substantially confbrm to the
Site Condition requirements contained in this Agreement and that said improvements have
been constructed or security guaranteeing the construction has been received by the City.
H. For purposes of this Section, the "Security" required shall be in an amount equal to 125% of
the developer's Licensed Engineer's estimate of the cost of constructing said improvements.
VI. MISCELLANEOUS
§ 6.01 Effective Date
This Agreement shall be effective immediately and shall remain in fall force and effect
until all parcels within the Subject Property are developed or August 15, 2008, whichever
occurs first.
PLANNED UNIT DEVELOPER'S AGREEMENT[WEST WOOD PARK
Page 6 of 8
§ 6.02 Severability
In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or
determined to be invalid or unlawful by a court of competent jurisdiction, such provision
shall be severable and the remainder of this Agreement shall continue to be of full force
and effect.
§ 6.03 Recordation
This Agreement shall be recorded along with the CCNR's with respect to the subject
property.
§ 6.04 Entire Agreement - Primacy
This Agreement constitutes the entire agreement between the parties and may only be
amended as set forth herein. In the event, during the term of this Agreement, there is a
variance between the provisions of this Agreement and the CCNR's, filed with respect to
the subject property, this Agreement shall take precedence.
§ 6.05 Binding Effect
This Agreement shall be binding upon and inure to the benefit of the respective parties
heirs, successors and assigns.
Dated this SQJ%,�day of August, 2006.
WEST WOOD PARTNERSHIP
b�: Craigg)enman
by: Connie Denman
CITY OF KALISPELL
B
at;Qe �H. Patrijk—,GiTManager
PLANNED UNIT DEVELOPER'S A.GREENENT[WEST WOOD PARK
Page 7 of 8
STATE OF MONTANA
):ss
County of Flathead
On this qA day of August, 2006, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared CRAIG DENMAN and CONNM DENMAN that
executed the foregoing instnunent, and each person acknowledged to me that he/she executed the
same.
IN W=SS WBEREOF, I have
day and year in this certificate fip�-Vql
STATE OF MONTANA
County of Flathead
tIOTARIAL
1P
�0O :F M
):ss
set my hand and affixed my Notarial Seal the
a, V- &tf
otary Publi%State f Montana
at (,-
Residing .. Ve (4
My Commission 19Xpires
On this J�L"y of August, 2006, before me, a Notary Public in and for the State of
Montana, personally appeared JAMES H. PATRICK, known to me to be the City Manager of the
City of Kalispell, a municipality, that executed the within instrument, and acknowledged that
such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act
of said municipality, for the uses and purposes therein set fort13, and that he was duly authorized
to execute the same on behalf of said municipality.
IN WUNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal,
the day and year first above written.
A. F�
Notary Public, State of Montana
ResidinR at \4cki'
My Commission Explires
cr
1/111111,100
PLANNED UNIT DEVELOPEWS AGREEMENTMEST WOOD PARK
Page 9 of 8
City of Kalispell
Planning Department
17-2 "d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
FINAL PLAT APPLICATION
Project /Subdivision Name: V
��1446� Fa rk
Contact Person:
Name: Jac-66- Eo!�IAretoq
C/
Address: E6. aK 1[5!6
<J1*:5Pe_('1 5-r(qO3
r J
Phone No.: q66 -76r-,520,9
Owner & Mailing Address:
C
5�73� 49�wa,-, '733.
7
An- �" c i S
Date of Preliminary Plat Approval: At,5u_4t_ goos—
J
Type of Subdivision: Residential K Industrial
Total Number of Lots in Subdivision -.7-7
Land in Project (acres) E3.qo A .
Parkland (acres) Z. ?%Ac, . Cash -in -Lieu $
No. of Lots by Type:
Commercial PUD X Other
Exempt
Single Family 13 Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial
Condominium
Industrial
Multi -Family
Legal Description of the Property
FILING FEE ATTACHED $ 3 74S_
Planned Unit Development
Other
Minor Subdivision with approved preliminary plat
Major Subdivision with approved preliminary plat
Subdivisions with Waiver of Preliminary Plat
Subdivision Improvements Agreement
$400 + $105/lot
$650 + $105/lot
$600 + $105/lot
$ 50
A
Attached
Not Applicable (MUST CHECK ONE)
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
Tax Certification (Property taxes must be paid)
Consent(s) to Plat (Originals and notarized)
Subdivision
Improvements Agreement (Attach collateral)
I/ Parkland Cash -in -Lieu (Check attached)
Maintenance Agreement
Plats: lopaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
lIX17 Copy lIX17 Copy
"The plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The governing
body must act within 30 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals will not be accepted and will not be forwarded to the governing body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by the
planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application and
may invalidate any approval. The signing of this application signifies approval for Kalispell Planning
staff to be present on the property for routine monitoring and inspection during the approval and
development process.
"NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications be accompanied with a digital copy.
Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
2
March 13, 2007
.SINCE. .1969.
Rc�
4P
Mr. Tom Jentz
Tri-City Planning Office
11 Second St. East, Suite 211
Kalispell, Montana 59901
Re: Final Plat
WESTWOOD PARK SUBDIVISION
Sec. 12, T28N, R22W, PMM,M,
City of Kalispell
Dear Tom:
Enclosed for your review is the data for Final Plat
review on the above referenced Subdivision. The following
conditions for approval are as follows:
1. That the development of the site shall be in
substantial compliance with the application
submitted, the site plan, materials and other
specifications as well as any additional conditions
associated with the PUD as approved by the city
council.
The Subdivision is in compliance with the
conditions of approval and additional conditions of
City of Kalispell letter dated December 21, 2006.
2. That the plans and specifications for all public
infrastructure be designed and in accordance with
Kalispell's Standards for Design and Construction
Standards and a letter shall be obtained stating
that they have been reviewed and approved by the
Kalispell Public Works Department.
See enclosed letter from Public Works
3. A letter shall be submitted with the final plat
from an engineer licensed in the state of Montana
(P)406.75 5,3 208 (F)406.75 5.3 21 8 PC3 BOX 1 1 34 -1 B30 3"' AVE E SUITE 302, KALISPELL, MT. 59901
certifying the improvements have been constructed
in accordance with the approved plans and
specifications. As built drawings shall be
submitted to the Kalispell Public Works Department
prior to the final plat submittal for the completed
infrastructure. A letter from the public works
department shall accompany the engineer's
certification stating that this condition has been
met or otherwise adequately addressed.
See enclosed letter from Public Works.
4.An engineered stormwater management plan shall be
developed which utilizes on site retention methods
and insures that adjoining properties will not be
impacted by stormwater runoff, snow melt or surface
water.
Stormwater plan have been developed to treat runoff
on site.
5.Front yard setbacks for the townhouses that have
garage access directly along the right of way shall
insure a minimum distance of 20 feet between the
garage and the sidewalk and would apply to Lots 11,
12 and 13. This would not apply to townhouses that
have some other provision for handling access and on
site parking.
This condition has been met.
6. A minimum 20 foot real setback shall be maintained
between the buildings and the exterior boundaries
of the subdivision.
This condition has been met.
7.The covenants, conditions, and restriction for the
subdivision shall be provided that include a
provision for the private conservation and
maintenance of common areas as well as compliance
with the approved planned unit development
elevation drawings, treatments and other
architectural elements.
See enclosed copy of covenants, conditions and
restrictions.
(P)406.755.3208 (F)406.755.321 8 PO SEW 1 34 -1 830 3" AVE E SUITE 302, KALISPELL, MT. 59901
8. A note on the face of the final plat shall be
provided for the pro-rata share of ownership of the
common area for taxation purposes.
Taxable areas have been placed on the face of the
plat.
9. Townhouse lots within the subdivision shall be
identified by a lot number and letter such as Lot
lAf 1B or 1C rather than being numbered
sequentially as shown on the preliminary plat.
This condition has been met.
10. That permits be obtained f rom the Flathead
Conservation District, Montana Department of
Natural Resources and the Montana Department of
Environmental Quality for work done along the creek
channel or a letter from those agencies stating
that the scope of work does not require permitting.
See enclosed permits.
11. That a minimum 10-foot buffer shall be established
between the western internal roadway and
Greenbriar Subdivision to provide screening and
buffering between the road and these houses. This
shall be in the form of berming, fencing or
landscaping or a combination thereof. These
improvements are to be coordinated with the
Kalispell Public Works Department, the Parks and
Recreation Department and the homeowners in
Greenbriar Subdivision to the west.
This condition is being bonded.
12. The following requirements shall be met per the
Kalispell Fire Department.
a. Water mains designed to provide minimum fire
flows shall be installed per City
specifications at approved locations. Minimum
fire flows shall be in accordance with
International Fire Code (2003) Appendix B.
(F0406.755.3208 (F)406.755.321 B PO BOX 1 1 34 -1 830 3"' AVE E SUITE 302, KALISPELL, MT. 59901
b. Fire hydrants shall be provided per City
specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in
accordance with International Fire Code (2003)
Chapter 5.
d. Secondary emergency vehicle access shall be
provided in accordance with International Fire
Code (2003) Chapter 5 and Kalispell
Subdivision Regulations.
e. It should be noted that hazardous weed
abatement shall be provided in accordance with
City of Kalispell Ordinance 10-8.
f. Street naming shall be approved by the fire
department.
See enclosed letter from the Fire Department
13.That a letter be obtained from the Kalispell Parks
and Recreation Director approving a landscape plan
for the placement of trees and landscaping
materials within the five foot landscape boulevard
developed between the curb and the sidewalk.
See enclosed letter from Kalispell Parks and
Recreation Director
14.That the areas designated on the plat as common
shall meet the requirements for parkland dedication
provided they are developed in accordance with the
plans approved by the Kalispell Parks and
Recreation Director that provides recreational
amenities including by not limited to pedestrian
access, irrigation, landscaping and play equipment
so as to provide a recreational component within
the development and not simply left as passive open
space. A letter shall be submitted with the final
plat stating that the common areas have been
developed in accordance with the approved park
development plan.
This condition is being bonded
15. That a detailed flood study be completed
determining the exact location of the floodway.
No fill, development or other disturbance of soil
(P)406.755.320B (F)406.755.321 B PO BOXI 134 -1 830 3" AvE E SuiTE 302, KALISPELL, MT. 599 01
or vegetation shall be allowed within the
floodway. The location of the roadways and bike
path/secondary emergency access shall be relocated
so that no fill, development or disturbance of
vegetation occurs in the 100 year floodplain
unless otherwise absolutely required. Any work,
development or fill in the 100 year floodplain
shall be kept to a minimum and shall be directly
related to providing secondary emergency access
for the subdivision of the north approximately 400
feet to the bike/and pedestrian path/emergency
access road. It is anticipated that this may
result in the reconfiguration and/or loss of lots
within the subdivision.
Floodplain study has been preformed see Billmayer
letter.
16.A floodplain development permit shall be obtained
from the Kalispell Floodplain Administrator for
any limited by necessary work to be performed
within the 100 year floodplain.
See enclosed floodplain development permit
17.That a note be placed on the face of the final
plat that waives protest to the creation of a
special improvement district for the upgrade of
roads in the area to City standards which may be
impacted by this development.
Note has been placed on the face of the Plat.
18.A letter be obtained from the Kalispell Public
Works Department stating that the proposed
emergency accesses onto Cooper La
,P,el�ave been
reviewed and approved and any associated and
necessary improvements have been satisfactorily
completed.
This condition is being bonded.
19.The roads within the subdivision shall be named
and signed in accordance with the policies of the
Kalispell Public Works Department and the Uniform
Traffic Control Devices Manual and be subject to
review and approval of the Kalispell Fire
(P)406.755.32OF3 (F)406.755.321 E3 PO F30X1 1 34 -1 830 3"' AVE E SUITE 302, KALISPELL, MT. 59 9 01
Department. A letter shall be obtained from the
Kalispell Public Works Department stating the
naming and addressing on the final plat have been
reviewed and approved.
This condition is being bonded and see enclosed
letter from the Kalispell Fire Department.
20.All existing and proposed easements shall be
indicated on the face of the final plat. Utility
easements for City water and sewer shall be
provided to allow for the logical extension of
utilities from this subdivision to adjoining
properties. A letter from the Kalispell Public
Works Department shall be obtained stating that
the required easements are being shown on the
final plat.
See enclosed letter from Public Works
21.The developer shall provide a letter from the U.S.
Postal Service approving the plan for mail
service.
See enclosed letter from Postal Service.
22.Street lighting shall be located within the
subdivision and shall have a full cutoff lens so
that it does not intrude unnecessarily onto
adjoining properties.
This condition is being bonded
23.All utilities shall be installed underground.
This condition have been met
24.That a minimum of two-thirds of the necessary
infrastructure for this subdivision shall be
completed prior to final plat submittal.
This condition has been met, see Engineers letter
requesting a reduction on the existing letter of
credit.
(P)406.755,3208 (F)406.755.3218 PO BOX1 134 -1830 3"' AvE E SUITE 302, KALISPELL, MT. 59901
25.All areas disturbed during development of the
subdivision shall be re -vegetated with a weed -free
mix immediately after development.
This condition is being bonded.
26.That an easement agreement be obtained for the
secondary emergency access across the private
property to the east that encompasses the nature
and intent of the proposed roadway.
This condition has been met, a 301 right-of-way
easement has been obtained.
27.That a development agreement 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.
Agreement on file with the Kalispell City Attorney
28.That preliminary plat approval for the planned
unit development shall be valid for a period of
three years from the day of approval.
This condition has been met, approval was granted
on August 1, 2005.
Additional conditions of approval we imposed in a
letter from City of Kalispell Planning Department in
reference to the Westwood Park preliminary plat - single
family lots. Those conditions as follows:
1. Please renumber the lots so that single family
lots are not demoted with A or B as this is a
townhouse designation.
This condition has been met.
2. The PUD agreement executed with the city will
need to be amended to reference the single family
lots.
(P)406.755.3208 (F)406.755.321 a PO BOX1 134 -1 830 3"' AVE E SUITE: 302, KALISPELL, MT. 59 901
This condition has been met.
3. Conditions #15 of the PUB requires you to keep
all lot lines outside of the new 100 year
floodplain boundary. Please draw the single
family lots accordingly. Contact this office if
this can not be achieved. Because this is a PUD,
our preference, for example on proposed lot 7A
would be to reduce the size of the lot below
7,000 square feet as opposed to allowing it to
encroach into the floodplain. Note you still
must be able to maintain a buildable site on the
lot.
This condition has been met.
4. We need to address the status of the townhouse
building permit that you applied for on July 26,
2006 for on lots 14A-C as the site would now be a
series of single family lots. You indicated that
you would possibly transfer this permit to an
adjacent townhouse lot. This is a viable option.
Note that the city of Kalispell ha adopted impact
fees and as such the cost of new building permits
applied for after December 1 has risen between
$1,500 and $2,000/unit to address storm water,
police and fire impacts. Because you submitted
the original building permit before December 1,
2006 we will not assess the storm water, police
and fire impact fees. However, if the permit is
not issued within a reasonable period of time
(i.e. 6 months from today, the period of grace
will void and you will be treated as if you
applied after December 1, 2006.
Should you have any questions, please do not hesitate
to contact me. Thank you. I remain
1 ce
( 2: rely,
�ame t(� u�rton
(P)406.755.320B (F)406.755.321 8 PO E30XI 1 34 -1 830 3" AVE E SUITE 302, KALISPELL, MT. 599 01
May 4, 2007
-a". survnm�
Mr. Tom Jentz
Tri-City Planning Office
11 Second St. East, Suite 211
Kalispell, Montana 59901
Re: Final Plat
WESTWOOD PARK SUBDIVISION
Sec. 12, T28N, R22W, PMM,M,
City of Kalispell
Dear Tom:
Enclosed for your review is the data for Final Plat
review on the above referenced Subdivision. The following
conditions for approval are as follows:
1. That the d evelopment of the site shall be in
substantial compliance with the application
submitted, the site plan, materials and other
specifications as well as any additional conditions
associated with the PUD as approved by the city
council.
A revised PUD site plan is enclosed showing lots,
easements, building setbacks & footprints common
areas, amenities, mailboxes and floodplain
boundaries. The exterior lot building footprints
are shown as 401x401 squares per the city
subdivision regulations as building plans have not
been provided for these lots. The Subdivision is in
compliance with the conditions of approval and
additional conditions of City of Kalispell letter
dated December 21, 2006.
(P)406.755.3208 (F)406.755.3ZI B PO BOXI 1 34 -1 830 3" AVE E SUITE 302, KALISPELL, MT. 59 9 01
4. An engineered stormwater management plan shall be
developed which utilizes on site retention methods
and insures that adjoining properties will not be
impacted by stormwater runoff, snow melt or surface
water.
A storm water plan has been approved. See letter
from Public Works dated May 4, 2007.
A copy of the Notice of Intent a copy of the Storm
Water Runoff permit are also enclosed.
7. The covenants, conditions, and restriction for the
subdivision shall be provided that include a
provision for the private conservation and
maintenance of common areas as well as compliance
with the approved planned unit development
elevation drawings, treatments and other
architectural elements.
The CCR has been submitted by Denman Construction
with the added language as requested.
11. That a minimum 10-foot buffer shall be established
between the western internal roadway and
Greenbriar Subdivision to provide screening and
buffering between the road and these houses. This
shall be in the form of berming, fencing or
landscaping or a combination thereof. These
improvements are to be coordinated with the
Kalispell Public Works Department, the Parks and
Recreation Department and the homeowners in
Greenbriar Subdivision to the west.
This condition is being bonded. Approval from the
required parties has been submitted by Denman
Construction.
12 (as amended) . The following requirements shall be
met per the Kalispell Fire Department.
a. Water mains designed to provide minimum fire
flows shall be installed per City
specifications at approved locations. Minimum
fire flows shall be in accordance with
International Fire Code (2003) Appendix B.
(P)406.755.32oa (F)405.755,32i a Po aoxi 134 -1 a 30 3" AvE E SUITE 302, KALISPELL, MT. 59901
b. Fire hydrants shall be provided per City
specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in
accordance with International Fire Code (2003)
Chapter 5.
d. Secondary emergency vehicle access shall be
provided in accordance with International Fire
Code (2003) Chapter 5 and Kalispell
Subdivision Regulations or as otherwise
approved by the Kalispell Fire Department.
e. It should be noted that hazardous weed
abatement shall be provided in accordance with
City of Kalispell Ordinance 10-8.
f. Street naming shall be approved by the fire
department.
See enclosed letter from the Fire Department
14.That the areas designated on the plat as common
shall meet the requirements for parkland dedication
provided they are developed in accordance with the
plans approved by the Kalispell Parks and
Recreation Director that provides recreational
amenities including by not limited to pedestrian
access, irrigation, landscaping and play equipment
so as to provide a recreational component within
the development and not simply left as passive open
space. A letter shall be submitted with the final
plat stating that the common areas have been
developed in accordance with the approved park
development plan.
See enclosed letter from Parks Department.
This condition is being bonded.
15(as amended). That a detailed flood study be
completed determining the exact location of the
floodway. No fill, development or other
disturbance of soil or vegetation shall be allowed
within the floodway. The location of the roadways,
bike path and emergency turn around shall be
relocated so that no fill, development or
disturbance of vegetation occurs in the 100 year
floodplain unless otherwise absolutely required.
Any work, development or fill in the 100 year
(P)406.755.3208 (r)406.755,321 8 PO BOXI 134 -1 830 3" AVE E: SUITE 302, KALISPELL, MT. 599 01
floodplain shall be kept to a minimum and shall be
directly related to providing an emergency turn
around for the subdivision. It is anticipated that
this may result in the reconfiguration and/or loss
of lots in the subdivision.
Floodplain study has been preformed. A copy of the
study provided by Billmayer has been enclosed.
18(as amended). A letter be obtained from the
Kalispell Public Works Department stating that the
proposed emergency turn around has been reviewed
and approved and any associated and necessary
improvements have been satisfactorily completed.
See enclosed letter from Public Works.
This condition is being bonded.
25.All areas disturbed during development of the
subdivision shall be re -vegetated with a weed -free
mix immediately after development.
This condition is being bonded. See revised SIA.
27.That a development agreement 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.
A revised development agreement has been submitted
by Denman Construction.
Compliance with the Kalispell Subdivision Regulations,
Appendix C- Final Plat.
0 Net acreages appear to be missing on the Final Plat.
(P)406.755.320B (F)405.755.321 B PO Box 1 134 -1830 3" AvE E SUITE 302, KALISPELL, MT. 59901
Total net acreages have been added to the Final Plat.
* We did not receive an electronic disc of the plat.
An electronic disc of plat is enclosed.
Subdivision Improvement Agreement.
A revised Subdivision Improvements Agreement has been
enclosed.
General Comments
• The easement between Lot 17B and Lot 7A will be an
all-weather access and is being bonded for.
• The storm water easements are in place to protect the
storm water facilities.
• The bridge will be 20 feet wide, not 18 feet wide as
originally planned. The path will not terminate as
proposed in Craig Deranan's fax dated April 2, 2007.
• The boundary lines have been shifted on Lots 18 -21 to
improve Lot 18's buildable area.
• A maintenance agreement for the private road easement
on Lots 3-5 has been included in the CCR.
Should you have any questions, please do not hesitate
to contact me. Thank you. I remain . . . . .
Sincerely,
Robert A. Erickson
(P)406.755.320B (F)406.755.321 8 PO BOXI 1 34 -1 830 3" AvE E SUITE 302, KALISPELL,MT.59901
City of Kalispell Public Works Department
Post Office Box 19971. Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
October 17, 2005
Department of Environmental Quality
Permitting and Compliance Division
PWS/CSB
109 Cooperative Way, Suite 105
Kalispell, Montana 59901
Attention: Walter M. Lauder, P.E.
Environmental Engineer Specialist
RE: Westwood Park Subdivision
Kalispell, Montana
Dear Max,
This letter is to confirm that the City of Kalispell has reviewed and approved the plans
and specifications prepared by Jackola Engineering, P.C., for the referenced project.
The Kalispell water and sanitary sewer systems have adequate capacity to serve the
project.
Please feel free to call if you have any questions.
Sincerely,
a n-L
UR
Frank Castles, P.E.
Assistant City Engineer
cc: Thor Jackola, P.E.
Jackola Engineering, P.C.
City of Kalispell Public Works Department
Post Office Box 1997., Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
March 13, 2007
Kalispell Planning Office
Kalispell, Montana
Attention: Sean Conrad, Senior Planner
Re: Resolution No. 5057
Westwood Park Subdivision
Kalispell, Montana
Dear Sean:
E
MAR � 4 2�0007 DID
I
K?17'�L:,SSPEILIL Pb'diNINING DEPAUM-ENT
In accordance with the requirements of the referenced resolution the following is provided:
1. As built drawings have been submitted to the Kalispell Public Works Department for the
completed infrastructure.
2. The naming and addressing on the final plat has been reviewed and approved by the
Kalispell Public Works Department.
3. All existing and proposed easements are indicated on the face of the final plat.
In addition, the City of Kalispell Public Works Department hereby approves the existing,
completed improvements except those listed in the Subdivision Improvement Agreement,
Exhibit "'B"! for the referenced subdivision. Approval by the City of Kalispell for the City owned
and maintained improvements is granted based on the following:
1. Thor Jackola's letter certifying that the improvements within the referenced subdivision
have been inspected and installed in accordance with the City of Kalispell standards and
the approved plans and specifications.
2. Our video records of the sanitary sewer system.
3. Receipt of a Subdivision Improvement Agreement which contains the total estimated
construction costs plus 25 percent covering the estimated costs for the remaining
construction.
The two year warranty period for the City owned and maintained existing, completed
improvements will commence upon the delivery of a Warranty and Maintenance Bond for 20%
of the construction costs for the City owned and maintained improvements.
If you have any questions, please do not hesitate to contact this office.
Sinc ly,
r
F aqnCasd
Deputy Public Works Director/Assistant City Engineer
Cc: Craig and Connie Denman
5733 U.S. Highway 93 South
Whitefish, Montana 59937
Jackola Engineering and Architecture
P.O. Box 1134
Kalispell, Montana 59903
Craig Kerzman, Building Official
Kalispell Building Department
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
April 24, 2007
Robert Erickson
Jackola Architecture and Engineering
1830 Third Avenue East
Kalispell, Montana 59901
Re: Westwood Park Subdivision
Dear Bob;
We have reviewed the submittals for the referenced project. These were submitted via
letter dated April 20, 2007. The fiollowing are our comments:
1. Place the guardrail and/or fence along thecreekside'of the emergency turn around.
Leave a gap in the fence with bollards. This would help prevent errant cars from
driving into the creek.
2. Radius the asphalt pavement on the emergency turn around where it intersects with
the street.
3. Obtain and submit a copy to this office of the permitted flood plain encroachment
permit from the Kalispell Flood Plain Administrator (P.J. Sorensen). This should
address the encroachment as shown on Plan Sheet C1.4 dated 2/02/07.
If you have any questions, please do not hesitate to contact this office.
Sinceret.
A -
Frank Castles, P.E.
Deputy Public Works Director/Assistant City Engineer
Cc: P.J. Sorensen, Flood Plain Administrator
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
May 3, 2007
Robert Erickson
Jackola Architecture and Engineering
1830 Tbird Avenue East
Kalispell, Montana 59901
Re: Westwood Park Subdivision
1 0 03
We have reviewed the submittals for the referenced project transmitted to us via your
letter dated April 26, 2007, in response to our letter dated April 24, 2007. The items
listed in our letter dated April 24, 2007, have been satisfactorily addressed.
If you have any questions, please do not hesitate to contact this office.
Si:, cerely,
Frank Castles, P.E.
Deputy Public Works Director/Assistant City Engineer
Cc: P.J. Sorensen, Flood Plain Administrator
City of Kalispell Public Works Department
Post Office Box 1997. Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
May 4, 2007
Craig Kerzman, Building Official
Building Department
P.O. Box 1997
Kalispell, MT 59903-1997
RE: Planned Unit Development Agreement
Westwood Park PUD
Mr. Kerzman,
In accordance with the refL-renced PUD Agreement, the Public Works Department certifies that
the infrastructure improvements and streets required as shown on the drawings submitted by
the developer substantially conform to the conditions contained in the Planned Unit
Development Agreement. A Professional Engineer has certified that the required improvements
have been constructed in accordance with the approved plans and specifications, or security
guaranteeing the construction has been received by the City of Kalispell.
If you have any questions, please do not hesitate to contact this office.
Sin ly
'y
Fra 7kC a stdJ ce s,
Deputy Public Works Director/Assistant City Engineer
Cc: Denman Construction Company, Inc.
P.O. Box 5420
Whitefish, Montana 59937
Bob Erickson
Jackola Engineering
P.O. Box 1134
Kalispell, Montana 59903
Tom Jentz, Planning Director
City of Kalispell
Tuesday, March 13, 2007
City of Kalispell
P.O. Box 1997
Kalispell, Montana 59903
RE: Westwood Park Subdivision
Dear Mr. Castles,
This letter is notice that the above subdivision is estimated at 90.2% complete.
A request for reduction in the irrevocable letter of credit from the amount of
$150,647.00 to $88,146.25 has been requested in a separate letter.
The remaining work is scheduled to be complete by June 1, 2008 or sooner.
The improvements completed to date are in compliance with the City of
Kalispell Minimum Standards of Construction. These improvements include
sewer, water, storm drainage, roads & curb and sidewalks. A follow up letter
and request for release of the irrevocable letter of credit will be filed with the
city at such time the remaining work is completed in accordance with the City of
Kalispell Minimum Standards of Construction. At this time we are requesting
issuance of Final Plat.
Thank you for your consideration to this request.
A'A
TAJ/rae
Encl. Exhibit B
Cc: Theresa White, Kalispell City Clerk
Tom Jentz, Director — City Planning Department
I E330 3" AVENUE EAST, SUITE 302; P.O. Box 1 1 34, KALISPELL, MT 59903
www.iackola.com PHONE 406.755.3206 FAx 406.755.321 B
Friday, June 30, 2006
Richard Montgomery, P.E.
Environmental Health Services
1035 First Ave. West
Kalispell, MT 59901
RE: Westwood Park Subdivision
Mr. Richard Montgomery,
This letter is to certify that the Water and Sewer at Westwood Park Subdivision
were installed and tested per the approved plans and specifications. As -built
drawings will be submitted when they are completed.
Jackola Engineering & Architecture, PC
Cc: Frank Castles, Kalispell Public Works
MT DEQ, Kalispell
Denman Construction
I B30 3"0 AvENLIE EAST, SUITE 302; P.O. Box 1 1 34, KALISPELL, MT 59903
ww-,0ackola.com PHoNE 406-755.3208 FAx 406.755.321 B
Form 273 (Rev. 09/22/03) (Me name,2-73-03.doc) APPLICATION NO.: FL200 01
ECISION DATE:
310 PERMIT
CONSERVATION DISTRICT'S DECISION
Notice: THIS AUTHORIZATION DOES NOT GIVE PERMISSION TO CARRY OUT A PROJECT ON LAND THAT IS NOT OWNED BY
THE HOLDER OF THIS PERMIT. Landowner permission, easements or other federal, state, or local permits, licenses, special use
permits, or authorizations may be required before construction of the project. It Is the duty of the holder of this permit to
determine which are necessary and obtain them prior to construction of the project
Name of Landowner: Craig Denman (Denman Construction)
Address: PO Box 5420 City: Whiteflsh State: MT Zip: 5993 7
Name of Applicant: some
Address: City: State: Zip:
Perennial Stream: West Spring Creek Section: 12 ge: 22
Supervisors' Decision (circle): Approved Approved w/ Modifica Denied Not a Project
Explanation: wWk1ngpa1h,footbr1dge, vehicle kammr=
0 See attached (if more room is necessary)
0 Check here if 15-day waiting period has been waived
Permit Expiration Date Work may begin on or aftev
Date Transmitted to Applicant and DFWP g /
Supervisors' Signatures:
.20-111WIJAIWI-ON
lFaFe
TO BE COMPLETED BY THE APPLICANT
box, sign and return a copy to the district office within 15 days of receipt of this permit.
0 1 agree to proceed with the project in accordance with the approved application and specifications outlined in this
permit and will allow a follow-up inspection.
0 1 disagree with the terms of this permit and I will seekjudicial review in district court within 15 days of receipt of this
permit. (This box may only be checked if you did not sign an arbitration agreement when you submitted your
application.)
13 1 disagree with the terms of this permit and hereby request arbitration. I agree to abide by the arbitration agreement
attached to or on the reverse of this form — OP, if an arbitration agreement was signed when the permit application was
submitted, I will abide that agree
V— I � Date /Y[M 00 - 07
Signature of Applicant:
FIATHEAD CONSERVATION DISTRICT
133 Interstate Lane, Kalispell, MT 59901 PHONE: 7524220 FAX: 7524077
Montana Department of
ENVIRONMENTAL QUALITY
P.O. Box 200901 - Helena, NIT 59620-0901
September 23, 2005
Jackola Engineering & Architecture
PO Box 1134
Kalispell MT 59903
Dear Mr Jackola:
Brian Schweitzer, Governor
. (406) 444-2544
RE: Westwood Park
. www.deq.mt.gov
Municipal Facilities Exclusion
EQ#06-1370
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Envirom-nental Quality relating to
this subdivision are in compliance with 76-4-127, MCA and ARM 17.36,602. Under 76-4-125(2)(d), MCA,
this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed 176-4-111 (3), MCAJ. Construction of water or sewer extensions prior to
DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75,
Chapter 6 and Title 76, Chapter 4.
This file has been mailed to the Public Water Supply Section, Kalispell office for their review.
Sincerely,
qa�net Skaarland
Compliance Specialist
Subdivision Section
Water Protection Bureau
(406) 444-1801 — email iskaarland@mt.gov
cc: City Engineer
County Sanitarian
file
Enforcement Division - Permitting & Compliance Division - Planning, Prevention & Assistance Division - Remediation Division
of Kaliso'...
Parks and Recreation
May 3, 2007
Denman Construction, Inc.
Attn: Jim Berry
P.O. Box 5420
Whitefish, MT 59937
Phone: 406-863-9925
35 1st Ave East — P 0 Box 1997 — Kalispell MT 59903-1997
Phone: (406) 758-7960 Fax: (406) 758-7719
Email: cfincher@kalispell.com
Re: Westwood Park Subdivision
Dear Jim:
This letter is to serve as approval on the proposed landscaping plans for Westwood
Park Subdivision per the plans submitted by your office.
It is agreed that if the project is extended, the developer will be responsible for bonding
for landscaping improvements as specified on the submitted plan for the Westwood
Park Subdivision. Tree plantings are required to meet the Street Tree Ordinance
standards of 2 1/4" caliper and of an approved species from the Kalispell Parks
department planting list. Boulevards are to be seeded or sodded to meet city
standards.
The requirements of condition 11 of providing screening and buffering for the property
line between Greenbriar Subdivision and Westwood Park Subdivision have been met by
the vinyl fence that was erected. It should be noted that there needs to be landscaping
between the fence and the sidewalk that is maintained as weed free and also meets city
standards.
Final approval will be given upon completion, inspection and approval of the
landscaping and tree plantings, at which time bonding and/or letter of credit would be
released if it is in place. It should be noted that the trees and landscaping are under a
warranty period and should they die within this time frame, the developer will be
responsible for replacement.
35 1st Ave East — P 0 Box 1997 — Kalispell MT 59903-1997
Phone: (406) 758-7960 Fax: (406) 758-7719
Email: cfincher@kalispell.com
It has been enjoyable working with you, if you have any concerns or questions please
give me a call.
AS,i,.nn re,11,
Chad Fincher, Parks Superintendent
Kalispell Parks and Recreation
CC: Nicole Johnson, Kalispell Planning
Frank Castles, Kalispell, Public Works
35 ls'Ave E — P.O. Box 1997- Kalispell, MT 59903-1997
Phone (406) 758-7717 Fax (406) 758-7719
E-Mail — parknrec@kalispell.com
July 24, 2006
Wood Sherrill
Denman Construction, Inc
5733 Hwy 93 South
Whitefish, IVIT 59937
Re: Westwood Park Subdivision
Dear Wood,
This letter is to serve as approval on the proposed landscaping plans, the
parkland requirements and the commons areas designed and developed in
accordance with the approved park development plan.
It is agreed that if the project is extended the developer will be responsible for
bonding for landscaping improvements as specified on the submitted plan for the
Westwood Park Subdivision.
Final approval will be given upon completion, inspection and approval of the
landscaping and tree plantings, at which time bonding and/or letter of credit
would be released if it is in place. It should be noted that the trees and
landscaping are under a warranty period and should they die within this time
frame, the developer will be responsible for replacement.
It has been enjoyable working with you, if you have any concerns or questions
please give me a call.
Sincerely,
Jennifer Young,
Kalispell Parks and Recreation
Cc: Tom Jentz, Kalispell Planning
so VNMA,/V
so 9
CONSTRUCTION, INC.
Opening Doors to Quality Homes
P.O. Box 5420, Whitefish, MT 59937
(406) 863-9925 — (406) 862-3151 Fax
April 30, 2007
Kalispell Planning Office
Kalispell, MT 59901
RE Condition I I Westwood Park PUD
Condition I I requires a minimum 10 foot buffer be established between Greenbriar
and the western internal roadway in Westwood Park to provide screening and
buffering between the road and these houses. This buffer shall be in the form of
berming, landscaping, fencing or a combination thereof and needs to be coordinated
between the Greenbriar Neighbors, Park Department and Public Works.
The coordination is a tall order when trying to get consensus with multiple Greenbriar
neighbors when many would rather not have Westwood Park "in their backyards" at
all.
The following list of neighbors was put together by Mark Drew, who was the lead
spokesman for the group, attended the PUD meetings with the planning board and
city council. They are as follows:
Markie Sabol 153 Greenbriar Dr signed off
Coral Fyall 151 Greenbriar Dr signed off
Kevin McCready 149 Greenbriar Dr refused - comment below
Joseph Hickey 147 Greenbriar Dr no contact
Dawn M Shnur 145 Greenbriar Dr refused - comment below
Lucy Rudy 141 Greenbri ar Dr refused - comment below
Janis Jarvis 139 Greenbriar Dr signed off
Shirley Harryman 137 Greenbriar Dr signed off
Nick Hardison 135 Greenbriar Dr signed off
He tried to contact each owner mid April of 2007 for them to sign the letter. He got 3
signatures and two refusals. Coral Fyall wanted someone to inspect her crawl space
before signing and has now signed along with Shirley Harryman making 5 signatures.
As existing the buffer is constructed east to west starting at the back edge of curb as
follows:
2' green space
5' sidewalk
6' shale space
6" of fence post
6" of space (approx)
Total of 14' back of curb to neighbor's property.
During discussions about the type of buffer the neighbors did not like the idea of
landscaping, as it would not block headlights and not prevent animals or people from
getting through. Bem-iing was not private enough and there was concern about
drainage. The neighbors wanted to be assured that no water would drain from
Westwood into their yards. A fence was decided upon with a drainage swale along
the property line that would channel any run off into Westwood's storrn water system.
When construction was to start the neighbors were contacted and they requested a
fence be installed prior to excavation. The consensus between the neighbors and Jon
Grinde of Denman Construction, at that time, was to construct a 6' tall vinyl fence
just off the neighbors' property line. This would suffice as the buffer and separate the
excavation. They were given the opportunity to take their backyard fence down and
the new fence would replace it. The neighbors chose to keep their existing fence with
the new fence constructed just off their fences.
They were also given a choice of style and colors - tan was chosen, although a couple
of neighbors wanted white.
The fence was set a few inches to the east of the existing back yard fences and on a
consistent elevation so bottom of the fence is above some lawns, below some and
even with others.
Of the nine neighbors, 5 have signed the attached letter. The owners that have signed
are Coral Fyall, Jan Jarvis, Nick Hardison, Markie Sabol and Shirley Harryman.
Three owners have refused to sign. Kevin McCready refused to sign since "we have
not been a good neighbor" (you and all city entities should have received a letter from
him). Rev DM Shnur refused to sign and although I haven't been able to talk to her
directly, as she is out of town, it is my understanding that she is unhappy that the
bottom of the fence is below the top of the Westwood sidewalk making the fence
seem like a 5' fence instead of the 6' fence that it is. Lucy Rudy has refused to sign as
she feels the fence is too short also. Lucy questioned the 10' buffer as not having 10'
between the sidewalk and her property line. She is also concerned that the headlights
will shine in her windows. Both she and Coral Fyall were concerned about water in
their crawlspaces but none was found. In Coral's case our project manager, Jim
Berry, investigated and found some grading issues that she should take care of
I haven't been able to get a call back from Joe Hickey.
There have been no positive comments - what can be said about a fence? So to
address the negative - because of the swale, the fence not being on the property line,
different elevations of the neighbors' back yards and final grade elevations of
Westwood, - the perceived height of the 6' fence varies. The fence was set to the
neighbor's average yard elevation so it remained a 6' fence per code. The Westwood
road and sidewalk elevations were dictated by the Westwood drainage plan.
The buffer was intended to buffer traffic and headlights, not pedestrians walking on
the sidewalk.
The 10' buffer is between the road and Greenbriar property line as required in
condition 11 (actual width is 14'), and was not intended to be between the sidewalk
and the property line.
Because finished floor elevations of the Grenribriar houses are 2' above their yard's
finished grade and windows are another 2 — 3 feet above finished floor, it puts the site
line out the window over the top of the fence.
Attached are the signatures and a couple of comments taken by Mark Drew.
FRINEWM
M
Denman Construction, Inc.
April 13, 2007
To whom it Concerns:
Condition I I of the Westwood PUD requires a minimum 10' buffer be established
between Greenbriar Subdivision, to the west, and Westwood Park. The nature of the
buffer is to be coordinated between the neighbors, Public Works and Parks Department.
This buffer could be berming, landscaping, fencing or a combination thereof.
It was agreed between Greenbriar Subdivision neighbors and Denman Construction that
the sidewalk, drainage swale and 6'fence would be a sufficient buffer. The neighbors
asked if the fence could be installed prior to excavation go it was installed in October of
2005.
Greenbriar Subdivision signatures: Public Works:
Markie Sabol ky�- A"
Coral Fyall — — — — — — — — — — — — — — — — %"tj'a
J Kevin McCready e- fn j t d/— — — — — — —
Joe Hickey — — — — — — — — — — — — — — — Aof .44- f. C.,
V/ Rev. D.M. Shnur �0 j� -fl
V1 Lucy Rude - - - - - - - - - - - - -
V Jan Jarvis
Shirley Harryman /*
V/ Nick Hardison
Parks Department:
04/25/2007 13:11 0000000000 PAGE 03
April 13, 2007
To whom it Concerns -
Condition I I of the Westwood PUD requires a �ninimum 10' buffer be established
between Greenbriar Subdivision, to the west� and Westwood Park, The nature of the
buffer is to be coordinated between the neighbors, Public Works and Paiks Department.
This buffer could be berming, landscaping, fencing or a combination thereof,
It was agreed between Greenbriar Subdivision neighbors and Denman Constructioo that
the sidewak drainage swale and 6feace would be a sufficient buffer. The neighbors
asked if the fence could be installed prior to excavation so it was irmtalled in October of
2005.
Greenbriar Subdivision signatures- Public Works:
MArkie Sabol
Coral Fyall
Kevin McCready
----------------
Joe Ifickey — — — — — — — — — — — — — — — —
Rev. D-M. Shnur
Lucy Rude — — — — — — — — — — — — — — — —
Jan Jarvis
Shirley Harryman
Nick Hardison ----------------
Parks Department:
4-24-07
Comments by Greenbriar Residents Concerning Westwood Park and Established Buffer
Coral Fyall 151 Greenbriar
1. Coral wanted to have her crawl -space checked again before signing. She stated
she got water in her crawl space for the first time and had to have a sump pump
installed the year after construction began.
2. Holes exist under the fence in her yard where the earth has washed out and her
dog can now walk under the fence.
3. Coral would like to know when the big pile of weed -infested dirt out her back
yard will be moved.
Kevin McCready 149 Greenbriar
1. Kevin refused to sign.
2. He stated the buffer was useless — it did nothing to abate the dust, noise, or light.
Jan Jarvis 139 Greenbriar
1. The fence does not offer privacy because of the built-up sidewalk. People
walking by are looking down into her yard.
2. Jan wonders if some tall foliage were planted along the fence it might help.
Rev. D.M. Shnur 145 Greenbriar
1. Dawn refused to sign.
2. Dawn is concerned about the drainage. She believes the built-up berm and
sidewalk is causing the water to drain toward their house. She said there was a
noticeable difference this spring in the water in her backyard after the snow thaw.
3. With the built-up sidewalk Dawn says the fence offers no privacy. People
walking on the sidewalk are looking over the fence into her yard.
Lucy Rude 141 Greenbriar
1. Lucy wanted to have her crawl -space checked again before signing. She has
never had water and wants to make sure she still does not.
2. Because of the building up of the road and sidewalk the fence is offering very
little privacy.
KALISPELL FIRE DEPARTMENT
Randy Brodehl — Fire Chief
PO Box 1997
Daniel Diehl — Assistant Chief/Operations 312 First Avenue East
DC Haas — Assistant Chief/Prevention Kalispell, Montana 59901
Phone: (406) 758-7760
FAX: (406) 758-7952
April23,2007
Jackola Engineering and Architecture, PC
Attn: Bob Erickson, CET
PO Box 1134
Kalispell, MT 59903
Re: Emergency Access Approval — Westwood Park
Dear Mr. Erickson,
In response to your. request for approval of the above -reference project, we provide the
following information:
The plan for a secondary emergency access within the Westwood Park subdivision
changed subsequent to the adopted and amended ordinance for the preliminary plat
(Ordinance No. 5057 and Ordinance No. 1603, #12d.). The original plan for the secondary
emergency access was to extend Corporate Court over West Spring Creek to connect to
Cooper Lane and Two Mile Drive. The modified secondary emergency access will now
terminate at the end of Corporate Court where an emergency turn around is proposed. In
consultation with the developer, the Fire Department has determined that this modification
adequately serves the access required for the Fire Department. The Kalispell Fire
Department approves the location and dimensions of the emergency turn around as
submitted on February 26, 2007. All other conditions relative to the Fire Department apply
and have been sufficiently addressed for final plat approval.
Please contact me if you have any questions.
Sincerely,
144*-
F. Ray Ruffatto
Deputy Fire Marshal
Kalispell Fire Department
Xc: Tom Jentz, Kalispell Planning Office
Nicole Johnson, Kalispell Planning Office
PJ Sorenson, Kalispell Zoning Administrator
"Assisting our community in reducing, preventing, and mitigating emergencies. "
K-A-LISPELL FIRE DEPARTMENT
Randy Brodehl — Fire Chief
Dan Diehl — Assistant Chief/Operations
February 27, 2007
Jackola Engineering and Architecture, PC
Attn: James H. Burton, P.L.S.
PO Box 1134
Kalispell, MT 59903
Re: Final plat approval -Westwood Park
Dear Mr. Burton,
312 First Avenue East
Kalispell, Montana 59901
(406) 758-7760
FAX: (406) 758-7952
In response to your request for final plat approval of the above -reference project, the project
is approved with the following information and conditions:
1. Fire hydrant locations, fire flow and fire department access on Corporate Drive are
approved by this department.
2. Street signage will be provided prior to combustible construction.
3. Fire department access and the fire department turnaround area east of Lot 5 will be
in place prior to combustible construction on Corporate Court.
Please contact me if you have any questions.
Sincerely,
"�'�4
F. Ray Ruffatto
Fire Inspector
Kalispell Fire Department
XC: Tom Jentz, Kalispell Planning Office
Craig Kerzman, Kalispell Building Department
"Assisting our community in reducing, preventing, and mitigating emergencies. "
BILLMAYER ENGINEERING
March 29, 2006
City of Kalispell
Public Works Department
Post Office Box 1997
Kalispell, Montana
59903-1997
Re: 100 Year Flood Plain and Floodway, Spring Creek, Westwood Park Subdivision
Gentlemen:
This letter is to address comment items I and 15 of your letter dated October 17, 2005.
1 The emergency access road will be constructed to a minimum centerline elevation
of 296300. The 100 year flood elevation at the location of the creek crossing (FIS
STA 26 + 30) is 2962.42 as pro -rated between FIS cross sections "D" and "E" the
strength assessment will be performed by Jackola Engineering and addressed in
additional correspondence.
15. A copy of detailed mapping from data included in the detailed FIS for Spring
Creek as modified by the LOMR approved in 2000 by FEMA and the City of
Kalispell is attached. The floodway is not affected by the proposed development.
Supporting documentation in the form of the floodway data and floodway width
summary tables taken from the HEC-2 output files dated, 25 October 1999, are also
enclosed. Cross section NO. 200.55 (FIS x-section "E" STA 28+ 95) lies within the
project boundaries and is approximately 265 feet up stream from the emergency access
roadway (FIS STA 26 + 30). As the floodway width computation is determined only at
each discrete cross-section, the floodway can only be projected manually along the
adjacent subdivision boundary, as it is done with all floodway mapping. Along the west
bank of Spring Creek the floodway is 39 feet west of the creek centerline at FIS x-section
"E" and 22.5 feet west of the creek centerline at FIS x-section "F". It varies between
these distances from creek centerline at points between the FIS cross sections. It appears
the west floodway boundary lies east of the subdivision lot lines.
2191 Third Avenue East * P.O. Box 1139 * Kalispell, Montana 59903-1139 *(406) 257-8707 * FAX (406) 257-8710
The invert and 100 year flood water surface profiles are also used to determine the true
flood plain elevations for points along the east subdivision boundary. Since the water
surface profile of the 100 year Spring Creek flood slopes from elevation 2962.55 at
x-section "E" to 2963.06 at x-sec ' tion "F", the flood elevation varies along the stream
bank. The enclosed detailed mapping presents a more accurate flood boundary along the
east subdivision boundary.
We are pleased to clarify the flood plain issues along Spring Creek. Should you require
additional information please contact me at your convenience.
Sincerely,
Billmayer Engineering, Inc.
Jayy B:ilhnayver, P.E.
Encl:
cc: Jackola Eng.
file: J.26.2
Issued in: City of Kalispell (Community) Permit # 07-01
1. Issued to:
Name: Craig Denman (Demnan Construction)
Address: PO Box 5420
Whitefish, MT 59937
2. Project Location:
Name of Stream/water body at location of activity:
West Spring Creek
Legal Description: Assessors Tracts 2CK, 2CH, and 2CE located in Section 12,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana; and Lot 1 of
the Amended Plat of Lot 2, of the Amended Plat of Lot 2, of the Amended Plat of
Westerly Portion of Gateway West Addition 934 Subdivision, according to the map or
plat thereof on file and of record in the office of the Clerk and Recorder of Flathead
County, Montana.
Section 12 Township 28N Range 22W
Project Address: Westwood Park Subdivision
3. The proposed development is in the:
Floodway X Floodway Fringe Floodplain with no elevations
4. The Base Flood Elevation at the project site is approx 2962
NAVD X NGVD
S. Source Documents: Panel Number 300025 0005C (Sept 30,1992)
LOMR 02-08-300P (July 2, 2003)
6. For structures requiring elevation certification:
MSL Elevation to which lowest floor is to be elevated:
MSL
MSL Elevation to which structure is to be flood proofed:
MSL
MSL Elevation to which compacted fill is to be elevated:
MSL
7. Brief description of project: (1) Place fill within the floodway fringe to provide
stabilization and appropriate grades for a modified fire access at the end of a cul-de-sac as part of
a new subdivision. The cul-de-sac is located in the southeast portion of the subdivision adjacent
to West Spring Creek; (2) Install a pedestrian bridge, with about 30 cubic yards of material
placed in the floodplain. The engineer for the project certified that the fill would not cause an
increase of the base flood elevation of more than six (6) inches. The bridge itself is about 18 feet
long and 7.5 feet wide.
S. Purpose of project: (1) provide stabilization and appropriate grades for a fire truck
turnaround at the end of a roadway; (2) pedestrian access via a footbridge
9. Action Taken:
X The plan and materials submitted in support of the proposed development
are in compliance with applicable Floodplain Management Standards. Permit
is aRRroved subject to the following conditions:
(1) Revegetate any disturbed ground.
Findings:
7
UNDERSTOOD AND ACCEPTED THIS 134� DAY OF MARCH, 2007
(Applicant) (Floodplain Administ6tor)
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406) 758-7720, Fax (406) 758-7831
May 7, 2007
Jim Berry
Denman Construction
3927 Hwy 40 W
Columbia Falls, MT 59912
Re: Approval letter for City Stormwater Management Permit Number.SW07-004 for
project site: Lots 615 thrtt 669 Cpaorate Drive, Westwood Park Subdivision
Dear Permittee:
This letter serves as an approval letter to begin land disturbance for the above referenced
project site. You are required to: (1) implement the City Stormwater Management Plan
prior to any land disturbance, (2) develop and maintain best management practices, (3)
perform required inspections, and (4) temimiate the permit once the site is properly
stabilized.
Please review and follow the City Stormwater Management Ordinance 1600
(ww.kalispeR.com) and the Erosion and Sediment Control Best Management Practices
Reference Manual (www.mdt.mt.gov/research/projects/env/erosion.shtml).
Note: This permit is separate from any permit required by other governmental agencies and
does not waive any obligation by you to obtain other permits or approvals that may be
required.
If you have any questions, please call. 406-758-7852.
Sincerely,
Susie Turner
City ofKalispell
Public Works Department
AUUNITEDST13TES
POSTM SERVICE
350 N MERIDIAN RD
KALISPELL, MT 59901-9998
June 8, 2006
Jackola
18303 Rd Ave East, Ste 302
P.O. Box 1134
Kalispell, MT 59903
RE: Final Plat Approval
To Whom It May Concern:
Delivery for Westwood Park subdivision has been approved for Cluster Box Unit
(CBU) delivery in a turnout format. The developer will provide two 16-unit CBU's
and a 4 x 8-foot cement pad on Corporate Dr. Please see attached map for
approved location.
Purchase of CBU's will be arranged one month prior to the first occupancy and
arrangements made for delivery to the Main Post Office on Meridian Rd. The Post
Office will install and then be responsible for the lock changes and maintenance of
the equipment.
Upon approval of the final plat through Kalispell Planning, a copy (no larger than
1 1X17) showing addresses, will be provided to the Post Office. Pleasesignand
date the enclosed Mode of Delivery Fact Sheet/Site Plan Agreement and include this
with the copy of the final plat you provide to the Post Office.
If you have any questions regarding this matter, you may contact me at 755-6450.
Sincerely,
t�. . (��
Susii Carter
Growth Management
City of Kalispell
Zoning Administrator
248 3rd Avenue East — Kalispell, MT 59901 —Telephone (406) 758-7732 — Fax (406) 758-7739
Phi-11113ki
TO: FIOLE
FROM: PJ SORENSEN, SITE REVIEW COMMITTEE CHAIRMAN
DATE: JULY 20, 2006
.. ........ ..
RE: WESTWOOD PUD
At Site Review today, the committee reviewed a request to clarify/modify the Westwood
PUD agreement. The committee deemed the request to be minor, and approved the following
setbacks for the project:
**Front/side comer setbacks: 10 ft min (20 ft min from garage door to the sidewalk, which
remains unchanged from the original approved document)
"Rear setbacks: 10 ft min
**Side setbacks: 5 ft min
"Setback from exterior boundaries of the subdivision: 20 ft min (this standard remains
unchanged from the original approved document
Wn- =.- 11
Flathead County, Montana
800 S. Main St.
Kalispell, MT 69901
(406) 768-6610
This Form is for Subdivisions & Condominiums Only
TAX SEARCH FOR CERTIFICATE OF SURVEYS:
BY:JACKOLA
FOR: DENMAN
DATE 2/1/2007
I hereby certify that there are no o9tstanding taxes on the property assigned the
asses,q� numbers listed abov"r the ears indicated for each -assessor
Deputy Treasurer
(seal) MAR 13 2007
CONSENT TO PLAT
We, the undersigned, GLACIER BANK, do hereby consent to the platting
of the real property described as "SUBDIVISION PLAT OF WESTWOOD
PARK", attached hereto, and by this reference made a part hereof.
GLACIER BANK
BY--/
J�"/ //� Z -
STATE OF MONTANA
County of Flathead
On this J�& day of MOrKI -------------- 2007, before me, the
undersigneA, a Notary Public for the State of Montana, personally
appeare.d Jjoc, -- ------------ , and known to me to be
of GLACIER BANK and who
subscribed name to the within instrument and acknowledged to me
that ht—_ executed the same.
Notary Public for the State of Montana
v
Residing at _E�a ��L
My Commission Expires J9f-)J__AA__&2rZCJC)
GUS STACY GUSTAFSON
0 NOTARY PUBLICtGr the
State of Montana
Residing at Kalispell, Montana
SEAL My Commission Expires
OiF: April 6, 2010
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COUNTY
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VICINITY MAP SCALE 1 250'
CRAIG & CONNIE DENMAN
PRELIMINARY PLAT - WESTWOOD PARK
A 17 LOT (34 TOWNHOUSE UNITS) SUBDIVISION ON 8.974
ACRES IN AN RA-1 (LOW DENSITY RESIDENTIAL
APARTMENT) DISTRICT - FILED CONCURRENTLY WITH
A PLANNED UNIT DEVELOPMENT
PLOT DATE 5/1.1/05
kTi.g,,4 v-pp—nt—,—1 i
Declaration of Covenants, Conditions, and
Restrictions for
Westwood Park Community Association
CONTENTS
• Article I - Definitions
• Article II Propgft Rights
• Article I Membership and Voting Right
• Article IV - Maintenance
• Article V. Insurance and Casuaft Losses
• Article VI - No Partition
Article VII - Condemnation
• Article VIII - Annexation of Additional Proppft
• Article IX - Riahts and Obligations of the Association
• Article X - Assessments
• Article )a - Architectural Standards
• Article )(II - Use Restrictions
• Article XIII - General Provisions
• Article XIV - Mortgaciee Provisions
• Article XV - Board of Director's Rights
Exhibit A Lecial Prop@M Description
Exhibit B Legal Propgft Description
Exhibit C Propga I.D. Numbers (Not Included)
• Exhibit Q By -Laws
o Article i - Name, Principal Office, and Definitions
o Article II - Association., Membershil2, Meetings, Quorum, Voting, Proxies
0 Article III - Board of Directors: Number, Powers, Meetings
o Article IV - Officers
o Article V - Committees
o Article VI - Miscellaneou
THIS DECLARAT-ION OF COVENANTS, CONDITIONS, AND RESTRICTIONS is made this 23rd day of
September, 2005, by the developers of the Westwood Community Association.
The Covenants, Conditions and Restrictions for Westwood Community Association was recorded
September 23, 2005, by form of the foregoing Amended and Restated Declaration of Covenants,
Conditions and Restrictions.
F r-, 1
"". IE 1611-�"�' E R W E
I Uj
1UPiJ MAY 11 12007
K�1, ! 1 S �-"- � I PI ' i�, ' 1 r' P' ' � ' I '- " ' - "T
- LLL . LA.i� '� U ;J"L i�fL 141
NOW, THEREFORE, the Declaration of Covenants, Conditions and Restrictions is hereby stated
as follows:
Article i - Definitions
Section 1. "Area of Common Responsibility" shall mean and refer to the Common Area, together
with those areas, if any, which by the terms of this Declaration or by contract or agreement with
any Neighborhood become the responsibility of the Association. The office of any property
manager employed by or contracting with the Association, if located on the Properties, or any
public rights -of -way within or adjacent to the Properties, may be part of the Area of Common
Responsibility. The Area of Common Responsibility shall include such emergency access
easement areas dedicated for use of public agencies.
Section 2. "Association" shall mean and refer to Westwood Community Association, Inc., a Montana
corporation, its successors and assigns. The "Board of Directors" or "Board" shall be the elected body
having its normal meaning under Montana corporate law. The use of the term "association" or
flassociations" in lower case shall refer to any townhome association or other owners association
having jurisdiction over any part of the Properties.
Section 3. "Base Assessment' shall mean and refer to assessments levied against all Units in the
Properties to fund Common Expenses.
Section 4. "By -Laws" shall mean and refer to the By -Laws of Westwood Community Association,
Inc., attached hereto as Exhibit "D" and incorporated herein by reference, as they may be
amended from time to time.
Section 5. "Common Area" shall mean an inclusive term referring to all General Common Area
and all Community Facilities as defined herein.
Section 6. "Common Expenses" shall mean and include the actual and estimated expenses
incurred by the Association for the general benefit of all Unit Owners, including any reasonable
reserve, all as may be found to be necessary and appropriate by the Board pursuant to this
Declaration, the By -Laws, and the Articles of Incorporation of the Association.
Section 7. "Community -Wide Standard" shall mean the standard of conduct, maintenance, or
other activity generally prevailing throughout the Properties. Such standard may be more
specifically determined by the Board of Directors and the Architectural Review Committee.
Section 8. "General Common Area" shall mean all real and personal property which the
Association now or hereafter owns or otherwise holds for the common use and enjoyment of all
Owners.
Secton 9."Master Land Use PlarY'shall mean and reffftothe plan forte deAkpmentof thePUDandiinalPlattas
appiuved by the City of KI", MT
Section 10. "Member' shall mean and refer to a Person entitled to membership in the Association, as
provided herein.
Section 11. "Mortgage�' shall mean and refer to a mortgage, a deed of trust, a deed to secure debt,
or any other form of security deed.
Section 12. "Mortgagee" shall mean and refer to a beneficiary or holder of a Mortgage.
Section 13. "Mortgagor" shall mean and refer to any Person who gives a Mortgage.
Section 14. "Assessments!' shall mean assessments levied against the Units in the community to
fund Expenses.
Any Assessment shall be levied equally against all Units in the association benefiting from the
services supported thereby, provided that in the event of assessments for exterior maintenance of
structures, or insurance on structures, or replacement reserves which pertain to particular
structures, such assessments for the use and benefit of particular Units shall be levied on a pro rata
basis among the benefited Units.
Section 15. "Community Expenses" shall mean and include the costs and estimated expenses
incurred by the Association for the benefit of Owners of Units within the association, which may
include a reasonable reserve for capital repairs and replacements, all as may be specifically
authorized from time to time by the Board of Directors and as more particularly authorized herein.
Section 16. 'Westwood Community Facilities" shall mean the recreational facilities located within the
Properties and reserved for Westwood residents as described in Article XVI of this Declaration.
Section 17. "Owner' shall mean and refer to one (1) or more Persons who hold the record title to
any Unit which is part of the Properties, including Parcel Developers, 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 recorded contract of sale or memorandum thereof, and the contract specifically so
provides, then the purchaser (rather than the fee owner) will be considered the Owner. If a Unit is
subject to a written lease with a term in excess of one (1) year and the lease specifically so
provides, then upon filing a copy of the lease with the Board of Directors the lessee (rather than
the fee owner) will be considered the Owner for the purposes of exercising all membership
privileges in the Association.
Section 18. "Parcel Developer'shall mean any Person who takes title to any portion of the
Properties for the purpose of development and sale.
Section 19. "Person" means a natural person, a corporation, a partnership, a trustee, or other
legal entity.
Section 20. "Properties" shall mean and refer to the real property described in Exhibit "K
attached hereto, together with such additional property as is hereafter subjected to this
Declaration by a Supplemental Declaration.
Section 21. "Special Assessment' shall mean and refer to assessments levied in accordance with
Article X, Section 4 of this Declaration.
Section 22. "Supplemental Declaration" shall mean an amendment or supplement to this
Declaration recorded in the Recorder's Office of Flathead County, Montana, which subjects
additional property to this Declaration or imposes, expressly or by reference, additional
restrictions and obligations on the land described therein, or both.
Section 23. "Unit' shall mean a portion of the Properties, whether developed or undeveloped,
intended for development, use, and occupancy as an attached or detached residence for a single
family, and shall, unless otherwise specified, include within its meaning (by way of illustration, but
not limitation) townhouse units, patio or zero lot line homes, as well as vacant land intended for
development as such, all as may be developed, used, and defined as herein provided or as
provided in Supplemental Declarations covering all or a part of the Properties. The term shall
include all portions of the lot owned, including any structure thereon. A list of Units is attached to
this Declaration and incorporated herein as Exhibit C.
In the case of a parcel of vacant land or land on which improvements are under construction, the
parcel shall be deemed to contain the number of Units designated for such parcel on the Master
Land Use Plan, whichever is more recent, until such time as a certificate of occupancy is issued on
all or a portion thereof by the local government entity having jurisdiction, after which the
portion designated in the certificate of occupancy shall constitute a separate Unit or Units as
determined above and the number of Units on the remaining land, if any, shall continue to be
determined in accordance with this paragraph.
Section 24. "Voting Group" shall mean one (1) or more Voting Members who vote on a common
slate for election of directors to the Board of Directors of the Association if the context permits the
group of Members whose Units are represented by thereby.
Section 25. "Voting Member'shall mean and refer to a Unit Owner.
Article I i - Property Rights
Every Owner shall have a right and nonexclusive easement of use, access and enjoyment in and to
the Common Area, subject to any restrictions or limitations contained in this Declaration as it may
be amended from time to time, including, but not limited to, Article XVI, and to any restrictions or
limitations contained in any deed conveying such property to the Association. Any Owner may
delegate his or her right of enjoyment to the members of his or her family, tenants, and social
invitees, as applicable, subject to reasonable regulation by the Board and in accordance with
procedures it may adopt. An Owner who leases his or her Unit shall be deemed to have delegated
all such rights to the Unit's lessee, unless otherwise specified in writing to the Secretary of the
Association.
Article III - Membership and Voting Rights
Section I . Membership. Every Owner, as defined in Article 1, shall be deemed to have a
membership in the Association.
No Owner, whether one (1) or more Persons, shall have more than one (1) membership per Unit
owned. In the event the Owner of a Unit is more than one (1) Person, votes and rights of use and
enjoyment shall be as provided herein. The rights and privileges of membership may be exercised
by a Member or the Members spouse, subject to the provisions of this Declaration and the By -
Laws. The membership rights of a Unit owned by a corporation, partnership, or land trust shall be
exercised by the individual designated from time to time by the Owner in a written instrument
provided to the Secretary, subject to the provisions of this Declaration and the ByLaws.
Section 2. Voting. The Association shall have one (1) class of membership. Members shall be
entitled to one (1) equal vote for each Unit in which they hold the interest required for membership
under Section 1 hereof, there shall be only one (1) vote per Unit. Unless otherwise specified in this
Declaration or the By -Laws, the vote for each Unit shall be exercised by the Voting Member, as
defined in Article 1, representing the Neighborhood of which the Unit is a part.
In any situation where a Member is entitled personally to exercise the vote for his Unit and more
than one (1) Person holds the Interest in such Unit required for membership, the vote for such Unit
shall be exercised as those persons determine among themselves and advise the Secretary
of the Association in writing prior to any meeting. In the absence of such advice, the Units vote
shall be suspended if more than one (1) Person seeks to exercise it.
Article IV - Maintenance
Section 1. Association's Responsibility. The Association shall maintain and keep in good repair the
Area of Common Responsibility, such maintenance to be funded as hereinafter provided. This
maintenance shall include, but need not be limited to, snow removal, as applicable, and
maintenance, repair, and replacement, subject to any insurance then in effect, of all landscaping
and other flora, structures, and improvements situated upon the Common Areas, including all
private streets within the Properties, and such portions of any additional property included within the
Area of Common Responsibility as may be dictated by this Declaration, or by a contract or
agreement for maintenance thereof by the Association, or by that certain Covenant to Share Costs
recorded by Declarant in the Office of the Recorder of Deeds of Flathead County, Montana, on
certain commercial properties adjacent to the Properties.
Except as otherwise specifically provided herein, all costs associated with maintenance, repair and
replacement of General Common Areas shall be a Common Expense to be allocated among all
Units as part of the Base Assessment. All costs associated with maintenance, repair and
replacement of Community Facilities shall be a Community Expense assessed as a Community
Assessment solely against all Units within the Association, notwithstanding that the Association
may be responsible for performing such maintenance hereunder.
Section 2. Owner's Responsibility. Each Owner shall maintain his or her Unit, and all structures,
parking areas, landscaped easements within the Owner's property line and other improvements
comprising the Unit, in a manner consistent with the Community -Wide Standard and all applicable
covenants, unless such maintenance responsibility is otherwise assumed by or assigned to a the
Community Association pursuant to any additional declaration of covenants applicable to such Unit.
If any Owner fails properly to perform his or her maintenance responsibility, the Association may
perform it and assess all costs incurred by the Association against the Unit and the owner thereof
in accordance with Article X, Section 4 of this Declaration; provided, however, except when entry is
required due to an emergency situation, the Association shall afford the owner reasonable notice
and an opportunity to cure the problem prior to entry.
Article V - Insurance and Casualty Losses
Section 1. Insurance. The Board of Directors, or its duly authorized agent, shall have the authority to
and shall obtain blanket all-risk casualty insurance, if reasonably available, for all insurable
improvements on the Common Area. If blanket all-risk coverage is not reasonably available, then at
a minimum an insurance policy providing fire and extended coverage shall be obtained. This
insurance shall be in an amount sufficient to cover one hundred (100%) of the replacement cost of
any repair or reconstruction in the event of damage or destruction from any insured hazard.
The Board shall also obtain a public liability policy covering the Common area, the Association and
its Members for all damage or injury caused by the negligence of the Association or any of its
Members or agents. The public liability policy shall have at least a One Million ($1,000,000.00)
Dollar single person limit as respects bodily injury and property damage, a Three Million
($3,000,000.00) Dollar limit per occurrence, if reasonably available, and a Five Hundred Thousand
($500,000.00) Dollar minimum property damage limit.
Premiums for all insurance on the Common Area shall be Common Expenses of the Association
and shall be included in the Base Assessment, as defined in Article I and as more particularly
described in Article X, Section 1. The policy may contain a reasonable deductible, and, in the case
of casualty insurance, the amount thereof shall be added to the face amount of the policy i
determining whether the insurance at least equals the full replacement cost. The deductible shall be
paid by the party who would be liable for the loss or repair in the absence of insurance and in the
event of multiple parties shall be allocated in relation to the amount each party's loss bears to the
total.
All insurance coverage obtained by the Board of Directors shall be written in the name of the
Association as trustee for the respective benefited parties, as further identified in (b) below. Such
insurance shall be governed by the provisions hereinafter set forth:
a. All policies shall be written with a company licensed to do business in Montana which
holds a Best's rating of A or better and is assigned a financial size category of XI or larger
as established by A. M. Best Company, Inc-, if reasonably available, or, if not available,
the most nearly equivalent rating.
b. All policies on the Common Area shall be for the benefit of the Association and its
Members.
c. Exclusive authority to adjust losses under policies obtained by the Association on the
Properties shall be vested in the Association's Board of Directors; provided, however, no
Mortgagee having an interest in such losses may be prohibited from participating in the
settlement negotiations, if any, related thereto.
d. In no event shall the insurance coverage obtained and maintained by the Association's
Board of Directors hereunder be brought into contribution with insurance purchased by
individual Owners, occupants, or their Mortgagees.
e. All casualty insurance policies shall have an inflation guard endorsement, if reasonably
available, and an agreed amount endorsement with an annual review by one or more
qualified persons, at least one of whom must be in the real estate industry and familiar
with construction in the Flathead County, Montana area.
f. The Association's Board of Directors shall be required to make every reasonable effort to
secure insurance policies that will provide for the following:
o a waiver of subrogation by the insurer as to any claims against the Association's
Board of Directors, its manager, the Owners, and their respective tenants,
servants, agents, and guests;
o a waiver by the insurer of its rights to repair and reconstruct, instead of paying
cash;
o a statement that no policy may be cancelled, invalidated, suspended, or subject
to non -renewal on account of any one or more individual Owners;
o a statement that no policy may be cancelled, invalidated, suspended, or subject to
non -renewal on account of the conduct of any director, officer, or employee of the
Association or its duly authorized manager without prior demand in writing
delivered to the Association to cure the defect and the allowance of a reasonable
time thereafter within which the defect may be cured by the Association, its
manager, any Owner, or Mortgagee;
o that any "other insurance" clause in any policy exclude individual Owners'
policies from consideration; and
o that the Association will be given at least thirty (30) days'prior written notice of
any cancellation, substantial modification, or non -renewal.
Section 2, Individual Insurance. By virtue of taking title to a Unit subject to the terms of this
Declaration; each Owner covenants and agrees with all other Owners and with the Association that
each Owner shall carry blanket all-risk casualty insurance on the Unit(s) and structures constructed
thereon meeting the same requirements as set forth in Section 1 of this Article V for insurance on
the Common Area. Each Owner further covenants and agrees that in the event of a partial loss or
damage resulting in less than total destruction of structures comprising his Unit, the Owner shall
proceed promptly to repair or to reconstruct the damaged structure in a manner
consistent with the original construction or such other plans and specifications as are approved in
accordance with Article XI of this Declaration. The Owner shall pay any costs of repair or
reconstruction which is not covered by insurance proceeds. In the event that the structure is totally
destroyed, the Owner may decide not to rebuild or to reconstruct, in which case the Owner shall
clear the Unit of all debris and return it to substantially the natural state in which it existed prior to the
beginning of construction and thereafter the Owner shall continue to maintain the Unit in a neat and
attractive condition consistent with the Community -Wide Standard.
Section 3. Damage and Destruction.
(a) Immediately after damage or destruction by fire or other casualty to all or any part of the
Properties covered by insurance written in the name of the Association, the Board of Directors or
its duly authorized agent shall proceed with the filing, adjustment and negotiation of all claims
arising under such insurance and obtain reliable and detailed estimates of the cost of repair or
reconstruction of the damaged or destroyed Properties. Repair or reconstruction, as used in this
paragraph, means repairing or restoring the Properties to substantially the same condition in which
they existed prior to the fire or other casualty, allowing for any changes or improvements
necessitated by changes in applicable building codes.
(b) Any damage or destruction to the Common Area shall be repaired or reconstructed unless the
Voting Members representing at least seventy-five (75%) percent of the total vote of the
Association whose common property is damaged, shall decide within sixty (60) days after the
casualty not to repair or reconstruct. If for any reason either the amount of the insurance proceeds
to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost
of repair or reconstruction, or both, are not made available to the Association within said period,
then the period shall be extended until such information shall be made available; provided,
however, such extension shall not exceed sixty (60 additional days. No Mortgagee shall have the
right to participate in the determination of whether t�e damage or destruction to Common Area or
common property of a Neighborhood Association shall be repaired or reconstructed.
(c) In the event that it should be determined in the manner described above that the damage or
destruction to the Common Area or to the common property of any neighborhood Association
shall not be repaired or reconstructed and no alternative improvements are authorized, then and in
that event the affected portion of the Properties shall be restored to their natural state and
maintained by the Association, or the Neighborhood Association, as applicable, in a neat and
attractive condition consistent with the Community -Wide Standard,
Section 4. Disbursement of Proceeds. If the damage or destruction for which the proceeds of
insurance policies are paid is to be repaired or reconstructed, the proceeds, or such portion thereof
as may be required for such purpose, shall be disbursed in payment of such repairs or
reconstruction as hereinafter provided. Any proceeds remaining after defraying such costs of repair
or reconstruction to the Common Area shall be retained by and for the benefit of the Association
and placed in a capital improvements account. In the event no repair or reconstruction is made,
any proceeds remaining after making such settlement as is necessary and appropriate with the
affected Owner or Owners and their Mortgagee(s) as their interests may appear, shall be retained
by and for the benefit of the Association and placed in a capital improvements account. This is a
covenant for the benefit of any Mortgagee of a Unit and may be enforced by such Mortgagee.
Section 5. Repair and Reconstruction. If the damage or destruction to the Common Area for which
insurance proceeds are paid is to be repaired or reconstructed, and such proceeds are not
sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the
Voting Members, levy a special assessment against all Owners on the same basis as provided for
Base Assessments
Article Vi - No Partition
Except as is permitted in the Declaration or amendments thereto, there shall be no physical
partition of the Common Area or any part thereof, nor shall any Person acquiring any interest in the
Properties or any part thereof seek any judicial partition unless the Properties have been removed
from the provisions of this Declaration. This Article shall not be construed to prohibit the Board of
Directors from acquiring and disposing of tangible personal property nor from acquiring title to real
property which may or may not be subject tothis Declaration.
Article VII - Condemnation
Whenever all or any part of the Common Area shall be taken (or conveyed in lieu of and under
threat of condemnation by the Board acting on the written direction of Voting Members
representing at least two-thirds (2/3) of the total Association vote) by any authority having the
power of condemnation or eminent domain, each Owner shall be entitled to notice thereof. 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,
then, unless within sixty (60) days after such taking Voting Members representing at least seventy-
five (75%) percent of the total vote of the Association shall otherwise agree, the Association shall
restore or replace such improvements so taken on the remaining land included in the Common Area
to the extent lands are available therefore, in accordance with plans approved by the Board of
Directors of the Association. If such improvements are to be repaired or restored, the above
provisions in Article V hereof regarding the disbursement of funds in respect to casualty damage or
destruction which is to be repaired shall apply. If the taking does not involve any improvements on
the Common Area, or if there is a decision made not to repair or restore, or if there are net funds
remaining after any such restoration or replacement is completed, then such award or net funds
shall be disbursed to the Association and used for such purposes as the Board of Directors of the
Association shall determine.
Article Vill - Annexation of Additional Property
Section 1. Annexation with Approval of Voting Members. Subject to the consent of the owner
thereof, the Association may annex any property described on Exhibit "B", to the provisions of this
Declaration and the jurisdiction of the Association. Such annexation shall require the affirmative
vote of Voting Members or alternates representing a majority of the votes of the Association
present at a meeting duly called for such purpose.
Annexation shall be accomplished by filing of record in the Office of the Recorder of Deeds of
Flathead County, Montana, a Supplemental Declaration describing the property being annexed.
Any such Supplemental Declaration shall be signed by the President and the Secretary of the
Association, and by the owner of the property being annexed, and any such annexation shall be
effective upon filing unless otherwise provided therein- The relevant provisions of the By -Laws
dealing with regular or special meetings, as the case may be, shall apply to determine the time
required for and the proper form of notice of any meeting called for the purpose of considering
annexation of property pursuant to this Section 2 and to ascertain the presence of a quorum at
such meeting.
Article IX -- Rights and Obligations of the Association
Section 1 -- Common Area
The Association, subject to the rights of the owners set forth in this Declaration, shall be responsible
for the exclusive management and control of the common area and all improvements thereon
(including, without limitation, furnishings and equipment related thereto and common landscaped
areas), and shall keep it in good, clean, attractive, and sanitary condition, order, and repair,
pursuant to the terms and conditions hereof and consistent with the community -wide standard. This
includes the emergency turn around on the east side that serves as access to lots 3, 4 and 5, along
with the sidewalk along the rock retaining wall.
Section 2 - Personal Property and Real Property for Common Use
The Association, through action of its Board of Directors, may acquire, hold, and dispose of
tangible and intangible personal property and real property. The Board, acting on behalf of the
Association, shall accept any real or personal property, leasehold, or other property interests
within the properties conveyed to it by the Declarant.
Section 3 - Rules and Regulations
The Association, through its Board of Directors, may make and enforce reasonable rules and
regulations governing the use of the properties, which rules and regulations shall be consistent
with the rights and duties established by this Declaration. Sanctions may include reasonable
monetary fines and suspension of the right to vote and the right to use any recreational facilities
on the common area. The Board shall, in addition, have the power to seek relief in any court for
violations or to abate nuisances. Imposition of sanctions shall be provided in the by-laws of the
Association.
The Association, through the Board, by contract or other agreement, shall have the right to
enforce county ordinances or permit Flathead County and the City of Kalispell to enforce
ordinances on the properties for the benefit of the Association and its members.
Section 4 -- Implied Rights
The Association may exercise any other right or privilege given to it expressly by this Declaration or
the by-laws, and every other right or privilege reasonably to be implied from the existence of any
right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.
Section 5 - Governmental Interests
The Association shall permit the Declarant reasonable authority to designate sites within the
properties for fire, police, water, and sewer facilities.
Article X - Assessments
Section 1. Creation of Assessments. There are hereby created assessments for Association
expenses as may from time to time specifically be authorized by the Board of Directors to be
commenced at the time and in the manner set forth in Section 7 of this Article. There shall be three
(2) types of assessments: (a) Base Assessments to fund Common Expenses for the benefit of all
Members of the Association; (b) Special Assessments as described in Section 4 below.
Base Assessments shall be levied equally on all Units. Special Assessments shall be levied as
provided in Section 4 below. Each Owner, by acceptance of a deed or recorded contract of sale to
any portion of the Properties, is deemed to covenant and agree to pay these assessments.
All assessments, together with interest at a rate not to exceed the highest rate allowed by
Montana law as computed from the date the delinquency first occurs, costs, and reasonable
attorneys'fees, shall be a lien on the land and shall be a continuing lien upon the Unit against
which each assessment is made until paid. Each such assessment, together with interest, costs,
and reasonable aftorneys'fees, shall also be the personal obligation of the Owner of such Unit,
and if title to such Unit is held in trust, then each beneficiary thereof shall also be jointly and
severally liable therefore. Upon the sale of a Unit, the Seller shall be responsible for all
assessments due and payable at the time of conveyance, except no first Mortgagee who obtains
title to a Unit pursuant to the remedies provided in the Mortgage shall be liable for unpaid
assessments which accrued prior to such acquisition of title.
The Association shall, upon demand at any time, furnish to any Owner liable for any type of
assessment a certificate in writing signed by an officer of the Association setting forth whether
such assessment has been paid as to any particular Unit. Such certificate shall be conclusive
evidence of payment to the Association of such assessment therein stated to have been paid.
The Association may require the advance payment of a processing fee not to exceed Fifty
($50.00) Dollars for the issuance of such certificate.
Assessments shall be paid in such manner and on such date as may be fixed by the Board of
Directors. Each Owner, by acceptance of a deed to his or her Unit, acknowledges that all Base
Assessments and Neighborhood Assessments levied hereunder are annual assessments due and
payable in advance on the first day of the fiscal year; provided, the Board may permit any
assessment to be paid in installments. If any Owner is delinquent in paying any assessment or
other charges levied on his Unit, the Board may revoke the privilege of paying in installments and
require all annual assessments to be paid in full immediately. Unless the Board otherwise
provides, the Base Assessment and any Neighborhood Assessment may be paid in monthly
installments.
No Owner may waive or otherwise exempt himself from liability for the assessments provided for
herein, including, by way of illustration and not limitation, by non-use of Common Areas or
abandonment of the Unit. The obligation to pay assessments is a separate and independent
covenant on the part of the each Owner. No diminution or abatement of assessment or set-off
shall be claimed or allowed by reason of any alleged failure of the Association or Board to take
some action or perform some function required to be taken or performed by the Association or
Board under this Declaration or the By -Laws, or for inconvenience or discomfort rising from the
making of repairs or improvements which are the responsibility of the Association, or from any
action taken to comply with any law, ordinance, or with any order or directive of any municipal or
other governmental authority.
Section 2. Computation of Base Assessment. It shall be the duty of the Board, at least sixty (60)
days before the beginning of each fiscal year, to prepare a budget covering the estimated
Common Expenses of the Association during the coming year. The budget shall reflect and
include such amounts as are properly charged to and to be received from the owners of that
commercial property which is subject to that certain Covenant to Share Costs recorded in the
Recorder of Deeds of Flathead County, Montana. The budget shall include a capital contribution
establishing a reserve fund in accordance with a capital budget separately prepared.
The Base Assessment to be levied for the coming year against each Unit subject to assessment
under Section 7 below shall be computed by dividing the budgeted Common Expenses by the total
number of Units submitted to this Declaration. The Board shall cause a copy of the Common
Expense budget and notice of the amount of Base Assessment to be levied against each Unit for
the following year to be delivered to each Owner at least thirty (30) days prior to the beginning of the
fiscal year. Such budget and assessment shall become effective unless disapproved at a meeting of
the Voting Members by the vote of Voting Members or their alternates representing at least a
majority of the total vote in the Association. There shall be no obligation to call a meeting for the
purpose of considering the budget except on petition of the Voting Members as provided for special
meetings in Article 11, Section 4, of the By -Laws.
Notwithstanding the foregoing, however, in the event the proposed budget is disapproved or the
Board fails for any reason so to determine the budget for any year, then and until such time as a
budget shall have been determined as provided herein, the budget in effect for the immediately
preceding year shall continue for the current year.
Section 3. Computation of Assessments. It shall be the duty of the Board, at least sixty (60) days
before the beginning of each fiscal year, to prepare a separate budget covering the estimated
Expenses to be incurred by the Association during the coming year, and for the Community
Facilities described in Article XVI hereof. The Board shall be entitled to set such budget only to the
extent that this Declaration or the By -Laws specifically authorizes the Board to assess certain costs
as an Assessment. Such budget may include a capital contribution establishing a reserve fund for
repair and replacement of capital items within the Community, as appropriate.
In the event the proposed budget is disapproved or the Board fails for any reason so to determine
the budget for any year, then and until such time as a budget shall have been determined as
provided herein, the budget in effect for the immediately preceding year shall continue for the
current year.
Section 4. Special Assessments. In addition to the assessments authorized in Section 1 of this
Article, the Association may levy a Special Assessment or Special Assessments from time to time;
provided, such assessment shall have the affirmative vote or written consent of Voting Members or
their alternates representing at least fifty-one (51 %) percent of the vote in the Association. 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, if the Board so determines.
The Association may also levy a Special Assessment against any Member to reimburse the
Association for costs incurred in bringing a Member and his Unit into compliance with the
provisions of the Declaration, any amendments thereto, the Articles, the By -Laws, and the
Association rules, which Special Assessment may be levied upon the vote of the Board after
notice to the Member and an opportunity for a hearing.
Section 5. Lien for Assessments. Upon recording of a notice of lien on any Unit, there shall exist a
perfected lien for unpaid assessments prior and superior to all other liens, except (1) all taxes,
bonds, assessments, and other levies which by law would be superior thereto, and (2) 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. Such lien may be enforced by suit, judgment, and
foreclosure.
The Association, acting on behalf of the Owners, shall have the power to bid for the Unit at
foreclosure sale and to acquire and hold, lease, mortgage, and convey the same. During the
period in which 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 assessed or 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 Association as
a result of foreclosure. Suit to recover a money judgment for unpaid Common Expenses and
attorney's fees shall be maintainable without foreclosing or waiving the lien securing the same.
Section 6. Capital Budget and Contribution. The Board of Directors shall annually prepare a capital
budget to take into account the number and nature of replaceable assets, the expected life of each
asset, and the expected repair or replacement cost. The Board shall set the required capital
contribution, if any, in an amount sufficient to permit meeting the projected capital needs of the
Association, as shown on the capital budget, with respect both to amount and timing by annual
assessments over the period of the budget. The capital contribution required, if any, shall be fixed by
the Board and included within and distributed with the budget and assessment, as provided in
Section 2 of this Article.
Section 7. Date of Commencement of Assessments. The assessments provided for herein shall
commence as to each Unit on the first day of the month following transfer of title to the Unit.
Assessments shall be due and payable in a manner and on a schedule as the Board of Directors
may provide. The first annual Base Assessment shall be adjusted according to the number of days
remaining in the fiscal year at the time assessments commence on the Unit.
Section 8. Subordination of the Lien to First Mortgages. The lien of assessments, including interest,
late charges (subject to the limitations of Montana law), and costs (including attorney's fees)
provided for herein, shall be subordinate to the lien of any first Mortgage upon any Unit. The sale or
transfer of any Unit shall not affect the assessment lien; provided, however, the sale or transfer of
any Unit pursuant to judicial or non -judicial foreclosure of a first Mortgage shall extinguish the lien of
such assessments as to payments which became due prior to such sale or transfer. No sale or
transfer shall relieve such Unit from lien rights for any assessments thereafter becoming due. Where
the Mortgagee holding a first Mortgage of record or other purchaser of a Unit obtains title pursuant
to remedies under the Mortgage, its successors and assigns shall not be liable for the share of the
Common Expenses or assessments by the Association chargeable to such Unit which became due
prior to the acquisition of title to such Unit by such acquirer. Such unpaid share of Common
Expenses or assessments shall be deemed to be Common Expenses collectible from Owners of all
the Units, including such acquirer, its successors and assigns_
Section 9. Capitalization of Association. Upon acquisition of record title to a Unit by the first
purchaser thereof other than the Declarant or an owner who purchases solely for the purpose of
having a dwelling constructed solely for resale, a contribution shall be made by or on behalf of the
purchaser to the working capital of the Association in an amount equal to one -sixty (116) of the
amount of the annual Base Assessment per Unit for that year as determined by the Board. Such
contribution shall not be considered advance payment of assessment and shall be in addition to, not
in lieu of, assessments then or thereafter coming due. This amount shall be deposited into the
purchase and sales escrow and disbursed from there to the Association for use in covering
operating expenses and other expenses incurred by the Association pursuant to the terms of this
Declaration and the By -Laws.
Section 10. Exempt Property. Notwithstanding anything to the contrary herein, the following
property shall be exempt from payment of Base Assessments and Special Assessments:
(a) all Common Area; and
(b) all property dedicated to and accepted by any governmental authority or public utility,
including, without limitation, public schools, public streets, and public parks, if any.
Article Xl - Architectural Standards
The Board of Directors shall have the authority and standing, on behalf of the Association, to
enforce in courts of competent jurisdiction the architectural plans, specifications and description
as set forth by TKP Architects and Denman Construction regarding materials and colors of materials deemed
satisfactory and in congruence with Westwood Park planned unit development elevation drawings, treatments, and
other architectural elements as approved by Kalispell City Council. and as follows:
'The design of housing types and lot sizes are townhouses in a two and three unit
configuration. The perimeter of Westwood Park contains lots for single family dwellings.
Specific elements of the architecture have been submitted with the PUD application in the
form of drawings and elevations. The narrative also describes the elements as the exterior
style being a slightly rustic theme utilizing artificial stone, subtle timber details and vertical
wood siding. Colors would be natural, weathered earth tones with colored accents and
asphalt or metal roofs. Metal roofs may not be silver. The housing would be a mix of single
and two story dwellings and would generally be between 1500 and 2100 square feet. The
setbacks from the external property boundaries, public rights of way and between the
buildings generally meet the intent of the zoning and would provide adequate light and air
within the development."
No construction, which term shall include within its definifion staking, clearing, excavation, grading, and
other site work, no exterior alteration or modification of existing improvements, and no plantings or removal
of plants, trees, or shrubs shall take place except in strict compliance with this Article, until the requirements
below have been fully met, and until the approval of the appropriate committee has been obtained.
Fencing has been carefully considered and will be kept to a minimum. Fencing for all units will be located
only immediately adjacent to and may include the rear entry patio. Fence not to project further from the
building than 8'and not be wider than 1 0'and not encroach into the setback area between buildings. Fence
heights to not exceed 48" and must be built of tan colored vinyl. These restrictions are set forth solely to
maintain the open character of Westwood Park and continue focus on space neighbors and community,
Article YJ1 - Use Restirictions
The Properties shall be used only for residential, recreational, and related purposes which may include,
without limitation, offices for any property manager retained by the Association or business.offices for the
Association as may more particulady be set forth in this Declaration, amendments hereto or subsequently
recorded declarations creating Neighborhood Associations subject to this Declaration. The declaration or
other creating document for any Neighborhood Association may impose stricter standards than those
contained in this Article. The Association, acting through its Board of Directors, shall have standing and the
Power to enforce such standards.
The Association, acting through its Board of Directors, shall have authority to make and to enforce
standards and restrictions governing the use of the Properties, in addition to those contained herein, and to
impose reasonable user fees for use of Common Areas facilities. Such regulations and use restrictions shall
be binding upon all Owners and occupants until and unless overruled, cancelled or modified in a regular or
special meeting of the Association by the vote of Voting Members representing a majority of the votes in the
Association.
Section 1. Signs. No sign of any kind shall be erected within the Properties without the written consent of the
Board of Directors. The Board of Directors shall have the right to erect signs as they, in their discretion,
deem appropriate. Notwithstanding the above, no signs, flags, banners or similar items advertising or
providing directional information with respect to activities being conducted outside the Properties shall be
permitted within the Properties.
Section 2. Parking and Garages. Vehicles shall be parked only in the garages or in the driveways, if any,
serving the Units or in appropriate spaces or designated areas in which parking may or may not be
assigned and then subject to such reasonable rules and regulations as the Board of Directors, or the
Neighborhood Committee or Neighborhood Association having concurrent jurisdiction over parking areas
within a Neighborhood may adopt. In the event there are areas with private streets, the Association may
designate certain on -street parking areas for visitors or guests subject to reasonable rules. Oversize
commercial vehicles, ti-actors, mobile homes, recreational vehicles, trailers (either with or without wheels),
campers, camper trailers, boats and other watercraft, and boat trailers shall be parked in garages only.
Parking where visible from the street or other Units is not allowed. They may however be parked for up to
two days for cleaning and preparation for use.
Section 3. Occupants Bound. All provisions of the Declaration, By -Laws and of any rules and regulations or
use restrictions promulgated pursuant thereto which govern the conduct of Owners and which provide for
sanctions against Owners shall also apply to all occupants, guests and invitees of any Unit Every Owner
shall cause all occupants of his or her Unit to comply with the
Declaration, By -Laws, and the rules and regulations adopted pursuant thereto, and shall be
responsible for all violations thereof and any losses or damage to the Common Areas caused by
such occupants, notwithstanding the fact that such occupants of a Unit are fully liable and may be
sanctioned for any violation of the Declaration, By -Laws, and rules and regulations adopted
pursuant thereto. Nothing herein shall be construed to impose any criminal liability on any Owner
for actions of third parties.
Section 4. Animals and Pets. No animals, livestock, or poultry of any kind shall be raised, bred, or
kept on any portion of the Properties, except that dogs, cats, or other usual and common household
pets not to exceed two (2) may be permitted in a Unit- Residents with pets must comply with all
local ordinances or regulations of the City of Kalispell, Montana. This Declaration incorporates local
regulation by reference and the Board may enforce such regulations by a fine against the Owner.
However, those pets which are permitted to roam free, or, in the sole discretion of the Association,
endanger the health, make objectionable noise, or constitute a nuisance or inconvenience to the
Owners of other Units or the owner of any portion of the Properties shall be removed upon request
of the Board; if the owner fails to honor such request, the pet may be removed by the Board. No
pets shall be kept, bred, or maintained for any commercial purpose.
Section 5. Nuisance. No portion of the Properties shall be used, in whole or in part, for the storage
of any property or thing that will cause it to appear to be in an unclean or untidy condition or that will
be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any portion of the
Properties that will emit foul or obnoxious odors or that will cause any noise orother condition that
will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding
property. There shall not be maintained any plants or animals or device or thing of any sort whose
activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as
may diminish or destroy the enjoyment of the Properties.
Section 6. Unsightly or Unkempt Conditions. It shall be the responsibility of each Owner to prevent
the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Unit.
Without limiting the generality of the foregoing, residents shall not engage in automotive or
mechanical maintenance, other than replacement of basic fluids and service, that involves the
repair of motor vehicles or other mechanical devices.
Section 7. Antennas. No exterior antennas, aerials, satellite dishes, or other apparatus for the
transmission of television, radio, or other signals of any kind shall be placed, allowed, or
maintained upon any portion of the Common Area without the prior written consent of the Board or
its designee. One small satellite dish may be installed per unit, provided care is taken to minimize
its visual impact and the dish is painted to match the unit.
Section 8. Clotheslines, Garbage Cans, Tanks, Etc. All clotheslines, garbage cans, above -ground
tanks, and other similar items shall be located or screened so as to be concealed from view of
neighboring Units, streets, and property located adjacent to the Unit. All rubbish, trash, and garbage
shall be regularly removed from the Properties and shall not be allowed to accumulate thereon.
Section 9. Subdivision of Unit. No Unit shall be subdivided or its boundary lines changed except
with the prior written approval of the Board of Directors of the Association.
Section 10. Guns. The discharge of firearms within the Properties is prohibited. The term
"firearms" includes "B-B" guns, pellet guns, and other firearms of all types, regardless of size.
Section 11. Irrigation. No sprinkler or irrigation systems of any type which draw upon water from
creeks, streams, rivers, lakes, ponds, wetlands, canals or other ground or surface waters within
the Properties shall be installed, constructed or operated within the Properties unless prior written
approval has been received from the ARC. All sprinkler and irrigation systems shall be subject to
approval in accordance with Article XI of this Declaration. Private wells are prohibited on the
Properties.
Section 12. Tents, Trailers and Temporary Structures. No tent, utility shed, shack, trailer or other
structure of a temporary nature shall be placed upon a Unit or any part of the. Properties.
Section 13. Drainage and Septic Systems. Catch basins and drainage areas are for the purpose of
natural flow of water only. No obstructions or debris shall be placed in these areas. No person may
obstruct or re -channel the drainage flows after location and installation of drainage swales, storm
sewers, or storm drains. Declarant hereby reserves a perpetual easement across the Properties
for the purpose of altering drainage and water flow; provided, such easement right shall not be
exercised in such a manner as to unreasonably interfere with the use of any Unit without the
affected Unit Owner's consent. Septic systems are prohibited on the Properties.
Section 14. Tree Removal. No trees shall be removed, except for diseased or dead trees and
trees needing to be removed to promote the growth of other trees or for safety reasons, unless
approved in accordance with Article XI of this Declaration.
Section 15. Sight Distance at Intersections. All property located at street intersections shall be
landscaped so as to permit safe sight across the street corners. No fence, wall, hedge, or shrub
planting shall be placed or permitted to remain where it would create a traffic or sight problem.
Section 16. Utility Lines. No overhead utility lines, including lines for cable television, shall be
permitted within the Properties, except for temporary lines as required during construction and
high voltage lines if required by law or for safety purposes.
Section 17. Air Conditioning Units. Except as may be permitted by the Board or its designee, no
window air conditioning units may be installed in any Unit.
Section 18. Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation
shall be permitted on the exterior of any portion of the Properties. Exterior sculpture, fountains,
flags, and similar items must be approved in accordance with Article XI of this Declaration.
Section 19. Energy Conservation Equipment. No solar energy collector panels or attendant
hardware or other energy conservation equipment shall be constructed or installed unless it is an
integral and harmonious part of the architectural design of a structure, as determined in the sole
discretion of the appropriate committee pursuant to Article XI hereof.
Section 20. Lakes and Water Bodies. All ponds and streams within the Properties, if any, shall be
aesthetic amenities only, and no other use thereof, including, without limitation, fishing, swimming,
playing, or use of personal floatation devices, shall be permitted. The Association shall not be
responsible for any loss, damage, or injury to any person or property arising out of the authorized or
unauthorized use of lakes, ponds, or streams within the Properties.
Section 21. Playground. Any playground or other play areas or equipment furnished by the
Association or erected within the Properties shall be used at the risk of the user, and the
Association shall not be held liable to any person for any claim, damage, or injury occurring
thereon or related to use thereof.
Section 22. Fences. No dog runs, animal pens or fences of any kind shall be permitted on any
Unit except as approved in accordance with Article X1 of this Declaration.
Section 23. Business Use. No trade or business may be conducted in or from any Unit, except that
an Owner or occupant residing in a Unit may conduct business activities within the Unit so long as:
(a) the existence or operation of the business activity is not apparent or detectable by sight, sound
or smell from outside the Unit; (b) the business activity conforms to all zoning requirements for the
Properties; (c) the business activity does not involve persons coming onto the Properties who do not
reside in the Properties or door-to-door solicitation of residents of the Properties; and (d) the
business activity is consistent with the residential character of the Properties and does not constitute
a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of
the Properties, as may be determined in the sole discretion of the Board.
The terms "business" and "trade", as used in this provision, shall be construed to have their
ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work or
activity undertaken on an ongoing basis which involves the provision of goods or services to persons
other than the providers family and for which the provider receives a fee, compensation, or other
form of consideration, regardless of whether: (i) such activity is engaged in full or parttime; (ii) such
activity is intended to or does generate a profit; or (iii) a license is required therefore.
Notwithstanding the above, the leasing of a Unit shall not be considered a trade or business within
the meaning of this Section.
Section 24. On -Site Fuel Storage. No on -site storage of gasoline, heating or other fuels shall be
permitted on any part of the Properties except that up to five (5) gallons of fuel may be stored on
each Unit for emergency purposes and operation of lawn mowers and similar tools or equipment.
Section 25. Leasing.
(a) Definition. "Leasing", for purposes of this Declaration, is defined as regular, exclusive occupancy
of a Unit by any person or persons other than the Owner for which the Owner receives any
consideration or benefit, including, but not limited to a fee, service, gratuity, or emolument.
(b) Leasing Provisions.
(i) General. Units may be leased only in their entirety. No transient tenants may be
accommodated in a Unit. All leases shall be in writing and shall be for an initial term of no
less than thirty (30) days, except with the prior written consent of the Board of Directors.
Notice of any lease, together with such additional information as may be required by the
Board, shall be given to the Board by the Unit Owner within ten (10) days of execution of
the lease, as required by Article X111, Section 12 of this Declaration. The Owner must make
available to the lessee copies of the Declaration, By -Laws, and the rules and regulations,
and the lessee shall be subject to and shall comply with all the terms thereof. The Board
may adopt reasonable rules regulating leasing and subleasing.
Article X1111 - General Provisions
Section 1. Term. The covenants and restrictions of this Declaration shall run with and bind the
properties, and shall inure to the benefit of and shall be enforceable by the Association or the
Owner of any properties subject to this Declaration, their respective legal representatives, heirs,
successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded,
after which time they shall be automatically extended for successive periods of ten (10) years,
unless an instrument in writing, signed by a majority of the then Owners, has been recorded
within the year preceding the beginning of each successive period of ten (10) years, agreeing to
change said covenants and restrictions, in whole or in part, or to terminate the same (subject to
Article X1V hereof), in which case this Declaration shall be modified or terminated as specified
therein.
Section 2. Amendment. This Declaration may be amended only by the affirmative vote (in person or
by alternate) or written consent, or any combination thereof, of Voting Members representing
seventy-five percent of the Unit Owners. In addition, the approval requirements set forth in Article
XIV hereof shall be met, if applicable. 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. Any amendment to be effective
must be recorded in the Office of the Recorder of Deeds of Flathead County, Montana.
If an Owner consents to any amendment to this Declaration or the By -Laws, it will be conclusively
presumed that such owner has the authority so to consent and no contrary provision in any
Mortgage or contract between the Owner and a third party will affect the validity of such
amendment.
Section 3. indemnification. The Association shall indemnify every officer, director, and committee
member against any and all expenses, including counsel fees, reasonably incurred by or imposed
upon such officer, director, or committee member in connection with any action, suit, or other
Proceeding (including settlement of any suit or proceeding, if approved by the then Board of
Directors) to which he or she may be a party by reason of being or having been an officer, director,
or committee member. The officers, directors, and committee members shall not be liable for any
mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance,
malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability
with respect to any contract or other commitment made by them, in good faith, on behalf of the
Association (except to the extent that such officers or directors may also be Members of the
Association), and the Association shall indemnify and forever hold each such officer and director
free and harmless against any and all liability to others on account of any such contract or
commitment. Any right to indemnification provided for herein shall not be exclusive of any other
rights to which any officer, director, or committee member, or former officer, director, or committee
member may be entitled. The Association shall, as a common expense, maintain adequate general
liability and officers' and directors' liability insurance to fund this obligation, if such insurance is
reasonably available.
Section 4. Easements of Encroachment. There shall be reciprocal appurtenant easements of
encroachment and for maintenance of encroachments as between each Unit and such portion or
portions of the Common Area adjacent thereto or as between adjacent Units due to the
unintentional placement or settling or shifting of the improvements constructed, reconstructed, or
altered thereon (in accordance with the terms of these restrictions) to a distance of not more than
three (3) feet, as measured from any point on the common boundary between each Unit and the
adjacent portion of the Common Area or as between said adjacent Units, as the case may be,
along a fine perpendicular to such boundary at such point; provided, however, in no event shall an
easement for encroachment exist if such encroachment occurred due to willful and knowing
conduct on the part of an Owner, tenant, or the Association.
Section 5. Easements for Utilities, Etc. There is hereby reserved for Association, and the
designees of each (which may include, without limitation, Flathead County, Montana, and any
utility), blanket easements upon, across, over, and under all of the Common Areas and, to the
extent shown on any plat, over the Units for ingress, egress, installation, replacing, repairing, and
maintaining cable television systems, security, and similar systems, roads, walkways, bicycle
pathways, ponds, wetlands, drainage systems, street lights, signage, and all utilities, including, but
not limited to, water, sewers, meter boxes, telephones, gas, and electricity.
Without limiting the generality of the foregoing, there are hereby reserved for the local water
supplier easements across all Units for ingress, egress, installation, reading, replacing, repairing, and
maintaining water meter boxes. Notwithstanding anything to the contrary contained in this Section,
no sewers, electrical lines, water lines, or other utilities may be installed or relocated on the
Properties, except as may be approved by the Association's Board of Directors.
Should any entity furnishing a service covered by the general easement herein provided request a
specific easement by separate recordable document, the Board of Directors shall have the right to
grant such easement over the Properties without conflicting with the terms hereof. The easements
provided for in this Article shall in no way adversely affect any other recorded easement on the
Properties.
The Board shall have, by a two-thirds (2/3) vote of either the Board of Directors or the Owners, the
Power to dedicate portions of the Common Area to the City of Kalispell, Montana, or to any
other local, state, or federal governmental entity, for utility or other purposes subject to such
approval requirements as may be contained in Article XIV, Section 3 of this Declaration.
Section 6. Severability. invalidation of any one of these covenants or restrictions by judgment or
court order shall in no way affect any other provisions, which shall remain in full force and effect.
Section 7. Right of Entry. The Association shall have the right, but not the obligation, to enter into any
Unit for emergency, security, and safety, which right may be exercised by the Association's Board
of Directors, officers, agents, employees, managers, and all policemen, firemen, ambulance
personnel, and similar emergency personnel in the performance of their respective duties. Except
in an emergency situation, entry shall only be during reasonable hours and after notice to the
Owner. This right of entry shall include the right of the Association to enter a Unit to cure any
condition which may increase the possibility of a fire or other hazard in the event an Owner fails or
refuses to cure the condition upon request by the Board.
Section 8. Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by
the Association unless approved by a vote of seventy-five (75%) percent of the Voting Members. in
the case of such a vote, and notwithstanding anything contained in this Declaration or the Articles
of Incorporation or By -Laws of the Association to the contrary, a Voting Member shall not vote in
favor of bringing or prosecuting any such proceeding unless authorized to do so by a vote of
seventy-five (75%) percent of all Members of the neighborhood represented by the Voting Member.
This Section shall not apply, however, to (a) actions brought by the Association to enforce the
provisions of this Declaration (including, without limitation, the foreclosure of liens) rules and
regulations adopted by the Board of Directors, (b) the imposition and collection of assessments as
provided in Article X hereof, (c) proceedings involving challenges to ad valorem taxation, or (d)
counterclaims brought by the Association in proceedings instituted against it. This Section shall not
be amended unless such amendment is approved by the percentage votes, and pursuant to the
same procedures, necessary to institute proceedings as provided above.
Section 9. Cumulative Effect; Conflict- The covenants, restrictions, and provisions of this
Declaration shall be cumulative with those of any neighborhood Association and the Association
may, but shall not be required to, enforce the latterl- provided, however, in the event of conflict
between or among such covenants and restrictions, and provisions of any articles of incorporation,
By -Laws, rules and regulations, policies, or practices adopted or carried out pursuant thereto,
those of any Neighborhood Association shall be subject and subordinate to those of the
Association. The foregoing priorities shall apply, but not be limited to, the liens for assessments
created In favor of the Association.
Section 11. Use of the Words"Westwood Park" or"Westwood Park Association". No Person shall
use the words 'Westwood" or"Westwood Park Association" or any derivative thereof in any
printed or promotional material for commercial purposes, which represents their activities or
materials as endorsed by the Board of Directors or constituting official communications of the
Association without the prior written consent of the Board of Directors. However, Owners may use
the terms"Westwood" or "Westwood Park Association" in printed or promotional matter where such
term is used solely to specify that particular property is located within Westwood.
Section 12. Notice of Sales and Leases. Any Owner who intends to sell or lease his or her Unit
shall provide written notice to the board of Directors within ten (10) days of entering into an
agreement for the sale or lease. Such notice shall include the names of the purchaser or lessee
and all occupants of the Unit, their mailing addresses, if other than the Unit address, as well as
any other information which may reasonably be required by the Board. This Section shalt not be
deemed to give the Association or any person a right of first refusal or any other such right with
respect to any Unit.
Section 13. Enforcement. Subject to the requirements of Article 111, Section C.6 of the By -Laws, the
Association, acting through the Board of Directors, and any aggrieved Unit Owner, shall have the
right to enforce the terms of this Declaration, the By -Laws, the rules and regulations of the
Association or any decision of the Association made pursuant to the foregoing, subject to the
requirements of Article 111, Section C.6 of the By -Laws.
Article XIV — Mortgages Provisions
The following provisions are for the benefit of holders of first Mortgages on Units in the
Properties. The provisions of this Article apply to both this Declaration and to the By -Laws,
notwithstanding any other provisions contained therein.
Section 1. Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage who
provides written request to the Association (such request to state the name and address of such
holder, insurer, or guarantor and the Unit number, therefore becoming an "eligible holder"), will be
entitled to timely written notice of:
a. any condemnation loss or any casualty loss which affects a material portion of the
Properties or which affects any Unit on which there is a first Mortgage held, insured, or
guaranteed by such eligible holder;
b. any delinquency in the payment of assessments or charges owned by an Owner of a Unit
subject to the Mortgage of such eligible holder, where such delinquency has continued for
a period of sixty (60) days; provided, however, notwithstanding this provision, any holder of
a first Mortgage, upon request, is entitled to written notice from the Association of any
default in the performance by an Owner of a Unit of any obligation under the Declaration or
By -Laws of the Association which is not cured within sixty (60) days;
c. any lapse, cancellation, or material modification of any insurance policy maintained by
the Association; or
d. any proposed action which would require the consent of a specified percentage of eligible
holders.
Section 2 - Amendments to Documents
(a) The consent of Voting Members representing at least sixty-seven (67%) percent of the votes
and the approval of the eligible holders of first Mortgages on sixty-seven (67%) percent of the
Units subject to a Mortgage held by an eligible holder, shall be required to terminate the
Association for reasons other than substantial destruction or condemnation. Any election to
terminate the Association after substantial destruction or a substantial taking in condemnation
shall require the approval of the Voting Members as specified above and the eligible holders of first
Mortgages on fifty-one (51 %) percent of the Units subject to Mortgages held by such eligible
holders.
(b) Any restoration or repair of the Properties after a partial condemnation or damage due to an
insurable hazard shall be substantially in accordance with this Declaration and the original plans
and specifications unless the approval is obtained of the eligible holders of first Mortgages on
Units to which at least fifty-one (51%) percent of the Units subject to Mortgages held by such
eligible holders are allocated.
(c) The consent of Voting members representing at least sixty-seven (67%) of the votes and the
approval of eligible holders of first Mortgages on fifty-one (51 %) percent of the Units subject to a
Mortgage held by an eligible holder, shall be required materially to amend any provisions of the
Declaration, By -Laws, or Articles of Incorporation of the Association or to add any material
provisions thereto, which establish, provide for, govern, or regulate any of the following:
(i) voting;
(ii) assessments, assessment liens, or subordination of such liens;
(iii) reserves for maintenance, repair, and replacement of the Common Area;
(iv)insurance or fidelity bonds;
(v) rights to use the Common Area;
(vi) responsibility for maintenance and repair of the Properties;
(vii) expansion or contraction of the Properties or the addition, annexation, or
withdrawal of Properties to or from the Association (as provided in Articles 11 and Vill of
this Declaration);
(viii)boundaries of any Unit;
(ix) leasing of Units;
(x) imposition of any right of first refusal or similar restriction of the right of any Owner to
sell, transfer, or otherwise convey his or her Unit;
(xi) establish of self -management by the Association where professional management
has been required by an eligible holder; or
(xii) any provisions included in the Declaration, By -Laws, or Articles of Incorporation which
are for the express benefit of holders, guarantors, or insurers of first Mortgages on Units.
Section 3. Special FHLMC Provision. So long as required by the Federal Home Loan Mortgage
Corporation, the following provisions apply in addition to and not in lieu of the foregoing. Unless at
least two-thirds (213) of the first Mortgagees or Voting Members representing at least two-thirds
(213) of the total Association vote entitled to be cast thereon consent, the Association shall not:
a. by act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer all or
any portion of the real property comprising the Common Area which the Association owns,
directly or indirectly, except as provided in Article XVI, (the granting of easements for public
utilities or other similar purposes consistent with the intended use of the Common Area,
and leasing of the Westwood Park Facilities pursuant to Article XVI hereof, shall not be
deemed transfers within the meaning of this subsection);
b, change the method of determining the obligations, assessments, dues, or other charges
which may be levied against an Owner of a Unit (A decision, including contracts, by the
Board or provisions of any declaration subsequently recorded on any portion of the
Properties regarding assessments for Neighborhoods or other similar areas shall not be
subject to this provision where such decision or subsequent declaration is otherwise
authorized by this Declaration.);
c. by act or omission change, waive, or abandon any scheme of regulations or enforcement
thereof pertaining to the architectural design or the exterior appearance and maintenance
of Units and of the Common Area (The issuance and amendment of architectural
standards, procedures, rules and regulations, or use restrictions shall not constitute a
change, waiver, or abandonment within the meaning of this provision.);
d� fail to maintain insurance, as required by this Declaration; or
e. use hazard insurance proceeds for any Common Area loses for other than the repair,
replacement, or reconstruction of such property.
First Mortgagees, may, jointly or singly, pay taxes or other charges which are in default and which
may or have become a charge against the Common Area and may pay overdue premiums on
casualty insurance policies or secure new casualty insurance coverage upon the lapse of an
Association policy, and first Mortgagees making such payments shall be entitled to immediate
reimbursement from the Association.
Section 4. No Priority. No provision of this Declaration or the By -Laws gives or shall be construed
as giving any Owner or other party priority over any rights of the first Mortgagee of any Unit in the
case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a
taking of the Common Area.
Section 5. Notice to Association. Upon request, each Owner shall be obligated to furnish to the
Association the name and address of the holder of any Mortgage encumbering such Owner's
Unit.
Section 6. Amendment by Board. Should the Federal National Mortgage Association or the Federal
Home Loan Mortgage Corporation subsequently delete any of their respective requirements which
necessitate the provisions of this Article or make any such requirements less stringent, the Board,
without approval of the Owners, may cause an amendment to this Article to be recorded to reflect
such changes.
Section 7. Applicability of Article XIV. Nothing contained in this Article shall be construed to reduce
the percentage vote that must otherwise be obtained under the Declaration, By -Laws, or Montana
law for any of the acts set out in this Article.
Section 8. Failure of Mortgagee to Respond. Any Mortgagee who receives notice of and a written
request from the Board to respond or consent to any action shall be deemed to have approved such
action if the Association does not receive a written response from the Mortgagee within thirty (30)
days of the date of the Association's request, provided such request is delivered to the Mortgagee
by certified or registered mail, with a return receipt requested.
Article XV - Board of Directors' Rights
Any or all of the special rights and obligations of the Board of Directors may be transferred to other
Persons, provided that the transfer shall not reduce an obligation nor enlarge a right beyond that
contained herein, and provided further, no such transfer shall be effective unless it is in a written
instrument signed by the Board of Directors and duly recorded in the Recorder's Office of Flathead
County, Montana. Nothing in this Declaration shall be construed to require the Board of Directors or
any successor to develop any of the property set forth in Exhibit "B" in any manner whatsoever.
No Person shall record any declaration of covenants, conditions and restrictions, or declaration of
condominium or similar instrument affecting any portion of the Properties without Board of Directors'
review and written consent thereto, and any attempted recordation without compliance herewith
shall result in such declaration of covenants, conditions and restrictions, or declaration
of condominium or similar instrument being void and of no force and effect unless subsequently
approved by recorded consent signed by the Board of Directors.
EXHIBIT "D'*
AMENDED BY-LAWS OF WESTWOOD PARK COMMUNITY ASSOCIATION, INC.
Article I
Name, Principal Office, and Definitions
Section 1. Name. The name of the Association shall be Westwood Park Community Association,
Inc. (hereinafter sometimes referred to as the "Association").
Section 2. Principal Office. The principal office of the Association in the State of Montana shall be
located in Flathead County.
Section 3. Definitions. The words used in these By -Laws shall have the same meaning as set
forth in that Amended and Restated Declaration of Covenants, Conditions, and Restrictions for
Westwood Park Community Association (said Declaration, as amended, renewed, or extended
from time to time, is hereinafter sometimes referred to as the "Declaration"), unless the context
shall prohibit.
Article 11
Association: Membership, Meetings, Quorum, Voting, Proxies
Section 1. Membership. The Association shall have one (1) class of membership, as more fully
set forth in the Declaration, the terms of which pertaining to membership are specifically
incorporated herein by reference.
Section 2 Place of Meetings. Meetings of the Association shall be held at the principal office of the
Association or at such other suitable place convenient to the Members as may be designated by
the Board of Directors either within the Properties or as convenient thereto as possible and
practical.
Section 3. Annual Meetings. Meetings shall be of the Voting Members or their alternates. Regular
annual meetings shall be set by the Board so as to occur at least ninety (90) but not more than one
hundred twenty (120) days before the close of the Association's fiscal year on a date and at a time
set by the Board of Directors.
Section 4. Special Meetings. The President may call special meetings. In addition, it shall be the
duty of the President to call a special meeting of the Association if so directed by resolution of a
majority of a quorum of the Board of Directors or upon a petition signed by Voting Members
representing at least ten (10%) percent of the total votes of the Association. The notice of any
special meeting shall state the date, time, and place of such meeting and the purpose thereof. No
business shall be transacted at a special meeting except as stated in the notice.
Section 5. Notice of Meetings. Written or printed notice stating the place, day, and hour of any
meeting of the Voting members shall be delivered, either personally or by mail, to each Voting
Member entitled to vote at such meeting, not less than ten (10) nor more than fifty (50) days
before the date of such meeting, by or at the direction of the President or the Secretary or the
officers or persons calling the meeting.
in the case of a special meeting or when required by statute or these By -Laws, the purpose or
purposes for which the meefing is called shall be stated in the notice. No business shall be
transacted at a special meeting except as stated in the notice.
If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United
States mail addressed to the Voting Member at his address as it appears on the records of the
Association, with postage thereon prepaid.
Section 6. Waiver of Notice. Waiver of notice of a meeting of the Voting Members shall be deemed
the equivalent of proper notice. Any Voting Member may, in writing, waive notice of any meeting of
the Voting Members, either before or after such meeting. Attendance at a meeting by a Voting
Member or alternate shall be deemed waiver by such Voting Member of notice of the time, date,
and place thereof, unless such Voting Member specifically objects to lack of proper notice at the
time the meeting is called to order. Attendance at a special meeting shall also be deemed waiver of
notice of all business transacted thereat unless objection to the calling or convening of the meeting,
of which proper notice as not given, is raised before the business is put to a vote.
Section 7. Adjournment of Meetings. If any meeting of the Association cannot be held because a
quorum is not present, a majority of the Voting Members who are present at such meeting, either in
person or by alternate, may adjourn the meeting to a time not less than five (6) nor more than
thirty (30) days from the time the original meeting was called. At the reconvened meeting, if a
quorum is present, any business which might have been transacted at the meeting originally
called may be transacted. If a time and place for reconvening the meeting is not fixed by those in
attendance at the original meeting or if for any reason a new date is fixed for reconvening the
meeting after adjournment, notice of the time and place for reconvening the meeting shall be
given to Voting Members in the manner prescribed for regular meetings.
The Voting Members present at a duly called or held meeting at which a quorum is present may
continue to do business until adjournment, notwithstanding the withdrawal of enough Voting
Members to leave less than a quorum, provided that Voting Members or their alternates
representing at least twenty-five (25%) percent of the total votes of the Association remain in
attendance, and provided further that any action taken is approved by at least a majority of the
Members required to constitute a quorum.
Section 8. Voting. The voting rights of the Members shall be as set forth in the Declaration, and
such voting rights provisions are specifically incorporated herein.
Section 9. Proxies. Voting Members may not vote by Proxy, but only in person or through their
designated alternates.
Section 10. Majority. As used in these By -Laws, the term "majority" shall mean those votes,
owners, or other group as the context may indicate totaling more than fifty (50%) percent of the
total number.
Section 11 - Quorum. Except as otherwise provided in these By -Laws or in the Declaration, the
presence in person or by alternate of the Voting Members representing a majority of the total vote of
the Association shall constitute a quorum at all meetings of the Association. Any provision in the
Declaration concerning quorums is specifically incorporated herein.
Section 12. Conduct of Meetings. The President shall preside over all meetings of the Association,
and the Secretary shall keep the minutes of the meeting and record in a minute book all resolutions
adopted at the meeting, as well as a record of all transactions occurring at the meeting.
Section 13. Action Without a Meeting. Any action required by law to be taken at a meeting of the
Voting Members, or any action which may be taken at a meeting of the Voting Members, may be
taken without a meeting if written consent setting forth the action so taken is signed by all of the
Voting Members entitled to vote with respect to the subject matter thereof, and any such consent
shall have the same force and effect as a unanimous vote of the Voting Members.
Article III
Board of Directors: Number, Powers, Meetings
A. Composition and Selection.
Section 1. Governing Body; Composition. The affairs of the Association shall be governed by a
Board of Directors, each of whom shall have one (1) vote. Spouses who are both Members may
not serve on the Board at the same time. In the case of an Owner which is a corporation or
partnership, the person designated In writing to the secretary of the Association as the
representative of such corporation or partnership shall be eligible to serve as a director.
Section 2. Number of Directors. There shall be seven (3) directors of the Association whom the
Voting Members shall elect in the manner described in Section 4 of this Article 111. The number of
Directors elected by the Voting Members shall equal the relative percentages of single family and
multi -family Units.
Section 3. Election and Term of Office.
(a) At each annual meeting of the membership, directors shall be elected by the Voting Members
to serve for a term of one (1) year.
(b) Each Voting Member shall be entitled to cast one (1) vote with respect to each vacancy to be
filled from each slate on which such Voting Member is entitled to vote. There shall be no
cumulative voting. The directors elected by the Voting Members shall hold office until their
respective successors have been elected by the Association. Directors may be elected to serve
any number of consecutive terms.
Section 5 . Removal of Directors and Vacancies. Any director elected by the Voting Members may
be removed, with or without cause, by the vote of Voting Members holding a majority of the votes
entitled to be cast for the election of such director. Any director whose removal is sought shall be
given notice prior to any meeting called for that purpose. A director who was elected at large solely
by the votes of Voting Members may be removed from office prior to the expiration of his or her term
only by the votes of a majority of Voting Members. Upon removal of a director, a successor shall
then and there be elected by the Voting Members entitled to elect the director so removed to fill the
vacancy for the remainder of the term of such director.
Any director elected by the Voting Members who has three (3) consecutive unexcused absences
from Board meetings or who is delinquent in the payment of any assessment or other charge due the
Association for more than thirty (30) days may be removed by a majority of the directors present at
a regular or special meeting at which a quorum is present, and a successor may be appointed by
the Board to fill the vacancy for the remainder of the term. in the event of the death, disability, or
resignation of a director, a vacancy may be declared by the Board, and it may appoint a successor,
Any director appointed by the Board shall be selected from the Voting Group represented by the
director who vacated the position and shall serve for the remainder of the term of such director.
B. Meetings.
Section 1, Organizational Meetings. The first meeting of the Board of Directors following each
annual meeting of the membership shall be held within ten (10) days thereafter at such time and
place as shall be fixed by the Board.
Section 2. Regular Meetings. Regular meetings of the Board of Directors may be held at such time
and place as shall be determined from time to time by a majority of the directors, but at least four (1)
such meeting shall be held during each fiscal year
Section 3. Special Meetings. Special meetings of the Board of Directors shall be held when called by
written notice signed by the President of the Association or by any two (2) directors. The notice shall
specify the time and place of the meeting and the nature of any special business to be considered.
The notice shall be given to each director by one of the following methods: (a) by personal delivery;
(b) written notice by first class mail, postage prepaid; (c) by telephone communication, either directly
to the director or to a person at the director's office or home who would reasonably be expected to
communicate such notice promptly to the director; or (d) by telegram, charges prepaid. All such
notices shall be given at the director's telephone number or sent to the directorJs address as shown
on the records of the Association. Notices sent by first class mail shall be deposited into a United
States mailbox at least four (7) days before the time set for the meeting. Notices given by personal
delivery, telephone, or telegraph shall be delivered, telephoned, or given to the telegraph company
at least seventy-two (72) hours before the time set for the meeting.
Section 4. Waiver of Notice. The transactions of any meeting of the Board of Directors, however
called and noticed or wherever held, shall be as valid as though taken at a meeting duly held after
regular call and notice if (a) a quorum is present, and (b) either before or after the meeting each of
the directors not present signs a written waiver of notice, a consent to holding the meeting, or an
approval of the minutes. The waiver of notice or consent need not specify the purpose of the
meeting. Notice of a meeting shall also be deemed given to any director who attends the meeting
without protesting before or at its commencement about the lack of adequate notice.
Section 5. Quorum of Board of Directors. At all meetings of the Board of Directors, a majority of the
directors shall constitute a quorum for the transaction of business, and the votes of a majority of the
directors present at a meeting at which a quorum is present shall constitute the decision of the
Board of Directors. A meeting at which a quorum is initially present may continue to transact
business, notwithstanding the withdrawal of directors, if any action taken is approved by at least a
majority of the required quorum for that meeting. If any meeting of the Board cannot be held
because a quorum is not present, a majority of the directors who are present at such meeting may
adjourn the meeting to a time not less than five (5) nor more than thirty (30) days from the date the
original meeting was called. At the reconvened meeting, if a quorum is present, any business which
might have been transacted at the meetJing originally called may be transacted without further notice.
Section 6. Compensation. No director shall receive any compensation from the Association for
acting as such unless approved by Voting Members representing a majority of the total vote of the
Association at a regular or special meeting of the Association; provided any director may be
reimbursed for expenses incurred on behalf of the Association upon approval of a majority of the
other directors.
Section 7. Conduct of Meetings. The President shall preside over all meetings of the board of
Directors, and the Secretary shall keep a minute book of meetings of the Board of Directors,
recording herein all resolutions adopted by the Board of Directors and all transactions and
proceedings occurring at such meetings.
Section 8. Open Meetings. Subject to the provisions of Section 9 of this Article, all meetings of the
Board shall be open to all Voting Members except for the portion of any meeting held:
(a) to discuss litigation when an action against or on behalf of the particular master association
has been filed and is pending in a court or administrative tribunal, or when the board of the
master association finds that such an action is probable or imminent;
(b) to consider information regarding appointment, employment or dismissal of an employee; or
(c) to discuss violations of rules and regulations of the master association or unpaid common
expenses owed to the master association .
Voting Members other than directors may not participate in any discussion or deliberation unless
permission to speak is requested on his or her behalf by a director. In such case, the President
may limit the time any Voting Member may speak.
Section 9. Action Without a Formal Meeting. Any action to be taken at a meeting of the directors or
any action that may be taken at a meeting of the directors may be taken without a meeting if a
consent in writing, setting forth the action so taken, shall be signed by all of the directors, and such
consent shall have the same force and effect as a unanimous vote.
C. Powers and Duties.
Section 1. Powers. The Board of Directors shall be responsible for the affairs of the Association
and shall have all of the powers and duties necessary for the administration of the Association's
affairs and, as provided by law, may do all acts and things as are not by the Declaration, Articles,
or these By -Laws directed to be done and exercised exclusively by the Voting Members or the
member -ship generally.
The Board of Directors shall delegate to one of its members the authority to act on behalf of the
Board of Director's on all matters relating to the duties of the managing agent or manager, if any,
which might arise between meetings of the Board of Directors.
In addition to the duties imposed by these By -Laws or by any resolution of the Association that
may hereafter be adopted, the Board of Directors shall have the power to and shall be
responsible for the following, in way of explanation, but not limitation:
(a) preparation and adoption, subject to Article X, Sections 2 and 3 of the Declaration, of annual
budgets in which there shall be established the contribution of each Owner to the Common
Expenses and Neighborhood Expenses;
(b) making assessments to defray the Common Expenses and Neighborhood Expenses,
establishing the means and methods of collecting such assessments, and establishing the period
of the installment payments of the annual assessment; provided, unless otherwise determined by
the Board of Directors, the annual assessment for each Units proportionate share of the Common
Expenses shall be payable in equal monthly installments, each such installment to be due and
payable in advance on the first day of each month for said month;
(c) providing for the operation, care, upkeep, and maintenance of all of the Area of Common
Responsibility;
(d) designating, hiring, and dismissing the personnel necessary for the maintenance, operation,
repair, and replacement of the Associabon, its property, and the Area of Common Responsibility
and, where appropriate, providing for the compensation of such personnel and for the purpose of
equipment, supplies, and materials to be used by such personnel in the performance of their duties;
(e) collecting the assessments, depositing the proceeds thereof in a bank depository which it shall
approve, and using the proceeds to administer the Association; provided, any reserve fund may be
deposited, in the directors' best business judgment, in depositories other than banks;
(fl making and amending rules and regulations-,
(g) opening of bank accounts on behalf of the Association and designating the signatories
required;
(h) making or contracting for the making of repairs, additions, and improvements to or alterations
of the Common Area in accordance with the other provisions of the Declaration and these ByLaws
after damage or destruction by fire or other casualty;
(1) enforcing by legal means the provisions of the Declaration, these By -Laws, and the rules and
regulations adopted by it and bringing any proceedings which may be instituted on behalf of or
against the Owners conceming the Association;
0) obtaining and carrying insurance against casualties and liabilities, as provided in the
Declaration, and paying the premium cost thereof,
(k) paying the cost of all services rendered to the Association or its Members and not chargeable
directly to specific Owners;
(1) keeping books with detailed accounts of the receipts and expenditures affecting the
Association and its administration, specifying the maintenance and repair expenses and any
other expenses incurred;
(m) making available to any prospective purchaser of a Unit, any Owner of a Unit, any first
Mortgagee, and the holders, insurers, and guarantors of a first Mortgage on any Unit, current
copies of the Declaration, the Articles of Incorporation, the By -Laws, rules governing the Unit and all
other books, records, and financial statements of the Association; and
(n) permitting utility suppliers to use portions of the Common Area reasonably necessary to the
ongoing development or operation of the Properties.
Section 2, Management Agent.
(a) The Board of Directors may employ for the Association a professional management agent or
agents at a compensation established by the Board of Directors to perform such duties and
services as the Board of Directors shall authorize. The Board of Directors may delegate to the
managing agent or manager, subject to the Board's supervision, all of the powers granted to the
Board of Directors by these By -Laws, other than the powers set forth in subparagraphs (a), (b), (D,
(g), and (i) of Section 1 of this Article.
(b) No management contract may have a term in excess of one (1) year and must permit
termination by either party without cause and without termination fee on ninety (90) days' or less
written notice.
Section 3. Accounts and Reports. The following management standards of performance will be
followed unless the Board by resolution specifically determines otherwise:
(a) accrual account, as defined by generally accepted accounting principles, shall be employed;
(b) accounting and controls should conform to generally accepted accounting principles;
(c) cash accounts of the Association shall not be commingled with any other accounts;
(d) no remuneration shall be accepted by the managing agent from vendors, independent
contractors, or others providing goods or services to the Association, whether in the form of
commissions, finder's fees, service fees, prizes, gifts, or otherwise; any thing of value received
shall benefit the Association;
(e) any financial or other interest which the managing agent may have in any firm providing goods
or services to the Association shall be disclosed promptly to the Board of Directors;
(f) financial reports shall be prepared for the Association at least annually containing:
(1) an income statement reflecting all income and expense activity for the preceding
period on an accrual basis;
(ii) a statement reflecting all cash receipts and disbursements for the preceding period;
(iii) a variance report reflecting the status of all accounts in an "actual" versus "approved"
budget format;
(i) a balance sheet as of the last day of the preceding period; and
(v) a delinquency report listing all Owners who are delinquent in paying the monthly
installments of assessments at the time of the report and describing the status of any
action to collect such installments which remain delinquent (A monthly installment of the
assessment shall be considered to be delinquent on the fifteenth (15th) day of each
month unless otherwise determined by the Board of Directors);
(g) an annual report consisting of at least the following shall be distributed to all members within
one hundred twenty (120) days after the close of the fiscal year: (1) a balance sheet; (2) an
operating (income) statement; and (3) a statement of changes in financial position for the fiscal
year. The annual report referred to above shall be prepared on an audited or reviewed basis, as
determined by the Board, by an independent public accountant; provided, upon written request of
any holder, guarantor or insurer of any first Mortgage on a Unit, the Association shall provide an
audited financial statement.
(h) the Association shall maintain copies of all minutes of meetings of the Voting Members and the
Board, for at least seven (7) years; ballots, if any, for any election of directors or other matters voted
upon by the Voting Members, for at least one (1) year; copies of all contracts, leases and other
agreements entered into by the Association; and such other records as are available for inspection
by members of a not -for -profit corporation pursuant to Montana General law.
Section 4. Borrowing. The Board of Directors shall have the power to borrow money for the
purpose of maintenance, repair or restoration of the Area of Common Responsibility without the
approval of the Voting Members of the Association. The Board shall also have the power to
borrow money for other purposes; provided, the Board shall obtain Voting Member approval in the
same manner provided in Article X, Section 4, of the Declaration for special assessments in the
event that the proposed borrowing is for the purpose of modifying, improving, or adding amenities
and the total amount of such borrowing exceeds or would exceed five (5%) percent of the
budgeted gross expenses of the Association for that fiscal year.
Section 5. Rights of the Association.
(a) With respect to the Area of Common Responsibility, and in accordance with the Articles of
Incorporation and the Declaration, the Association shall have the right to contract with any person for
the performance of various duties and functions. Without limiting the foregoing, this right shall entitle
the Association to enter into common management, operational, or other agreements with trusts,
condominiums, cooperatives, or Neighborhood and other owners or residents associations, both
within and without the Properties. Such agreements shall require the consent of two-thirds (213) of
all directors of the Association,
(b) The Association, acting alone or in conjunction with other owners associations, shall have the
right, upon the vote of a majority of the Board of Directors, to make available special services to the
Owners and occupants of Units within the properties on a fee basis, such as, but not limited to,
shuttle bus service or similar transportation services.
Section 6. Enforcement. The Board shall have the power to impose reasonable fines, which shall
constitute a lien upon the property of the violating Owner, and to suspend an Owner's right to vote or
to use the Common Area for violation of any duty imposed under the Declaration, these By -Laws, or
any rules and regulations duly adopted hereunder; provided, however, nothing herein shall authorize
the Association or the Board of Directors to limit ingress and egress to or from a Unit or to suspend
an Owner's right to vote due to nonpayment of assessments. In the event that any occupant of a
Unit violates the Declaration, By -Laws, or a 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 the fine upon notice from the
Association. The failure of the Board to enforce any provision of the Declaration, By -Laws, or any
rule or regulation shall not be deemed a waiver of the right of the Board to do so thereafter.
(a) Notice. Prior to imposition of any sanction hereunder, the Board or its delegate shall serve the
alleged violator with written notice describing (i) the nature of the alleged violation, (ii) the proposed
sanction to be imposed, (iii) a period of not less than ten (10) days within which the alleged violator
may present a written request to the Covenants Committee, if any, or Board of Directors for a
hearing; and (iv) a statement that the proposed sanction shall be imposed as contained in the
notice unless a challenge is begun within ten (10) days of the notice. If a timely challenge is not
made, the sanction stated in the notice shall be imposed.
(b) Hearing. If a hearing is requested in a timely manner, the hearing shall be held in executive
session affording the Owner a reasonable opportunity to be heard. Prior to the effectiveness of any
sanction hereunder, proof of proper notice shall be placed in the minutes of the meeting. Such proof
shall be deemed adequate if a copy of the notice, together with a statement of the date and manner
of delivery, is entered by the officer, Director, or agent who delivered such notice. The notice
requirement shall be deemed satisfied if the alleged violator appears at the meehng. The minutes of
the meeting shall contain a written statement of the results of the hearing and the sanction, if any,
imposed. The Board of Directors or the Covenants Committee may, but shall not be obligated to,
suspend any proposed sanction if the violation is cured within the ten (10) day period. Such
suspension shall not constitute a waiver of the right to sanction future violations of the same or
other provisions and rules by any Person.
(d) Additional Enforcement Rights. Notwithstanding anything to the contrary herein contained, the
Association, acbng through the Board of Directors, may elect to enforce any provision of the
Declaration, these By -Laws, or the rules and regulations of the Association by self-help (specifically
including, but not limited to, the towing of vehicles that are in violation of parking rules and
regulations) or by suit at law or in equity to enjoin any violation or to recover monetary damages or
both without the necessity of compliance with the procedure set forth above; provided, judicial
proceedings shall be instituted before any construction on a Unit may be altered
or demolished by the Association. In any such action, to the maximum extent permissible, the
owner or occupant responsible for the violation of which abatement is sought shall pay all costs,
including reasonable attorney's fees actually Incurred.
ARTICLE IV
Officers
Section 1. Officers. The officers of the Association shall be a President, Vice President,
Secretary/Treasurer, to be elected from among the members of the Board. The Board of Directors
may appoint such other officers, including one or more Assistant Secretaries and one or more
Assistant Treasurers, as it shall deem desirable, such officers to have the authority and perform the
duties prescribed from time to time by the Board of Directors. Any two (2) or more offices may be
held by the same person, except the offices of President and Secretary.
Section 2. Election, Term of Office, and Vacancies. The officers of the Association shall be
elected annually by the Board of Directors at the first meeting of the Board of Directors following
each annual meeting of the Voting Members, as herein set forth in Article 111. A vacancy in any
office arising because of death, resignation, removal, or otherwise may be filled by the Board of
Directors for the unexpired portion of the term.
Section 3. Removal. Any officer may be removed by the Board of Directors whenever in its
judgment the best interests of the Association will be served thereby.
Section 4. Powers and Duties. The officers of the Association shall each have such powers and
duties as generally pertain to their respective offices, as well as such powers and duties as may
from time to time specifically be conferred or imposed by the Board of Directors. The President
shall be the chief executive officer of the Association. The Treasurer shall have primary
responsibility for the preparation of the budget as provided for in the Declaration and may delegate
all or part of the preparation and notification duties to a finance committee, management agent, or
both.
Section 5. Resignation. Any officer may resign at any time by giving written notice to the Board of
Directors, the President, or the Secretary. Such resignation shall take effect on the date of the
receipt of such notice or at any later time specified therein, and unless otherwise specified therein,
the acceptance of such resignation shall not be necessary to make it effective.
Section 6. Agreements, Contracts, Deeds, Leases, Checks, Etc. — All checks, drafts, or other
orders for the payment of money, notes or other evidence of indebtedness issued in the name of the
Association shall be signed by such officers) or agent(s).of the Association and in such manner,
including facsimile signature, as shall from time to time be determined by resolution of the Board
of Directors.
ARTICLE V
Committees
Section 1. General. Committees are hereby authorized to perform such tasks and to serve for such
periods as may be designated by a resolution adopted by a majority of the Directors present at a
meeting at which a quorum is present. Each committee shall operate in accordance with the terms
of the resolution of the Board of Directors designating the committee or with rules adopted by the
Board of Directors.
ARTICLE VI
Miscellaneous
Section 1. Fiscal Year. The fiscal year of the Association shall be set by resolution of the Board of
Directors. In the absence of such a resolution, the fiscal year shall be the calendar year.
Section 2. Parliamentary Rules. Except as may be modified by Board resolution, Robert's Rules of
Order (current edition) shall govern the conduct of Association proceedings when not in conflict with
Montana law, the Articles of Incorporation, the Declaration, or these By -Laws. Notwithstanding the
adoption of Robert's Rules, the President of the Association shall vote on all matters for decision by
the Board of Directors.
Section 3. Conflicts. If there are conflicts between the provisions of Montana law, the Articles of
Incorporation, the Declaration, and these By -Laws, the provisions of Montana law, the Declaration,
the Articles of Incorporation, and the By -Laws (in that order) shall prevail.
Section 4. Books and Records.
(a) Inspection by Members and Mortgagees. The Declaration, By -Laws, Articles of Incorporation,
and any amendments to the foregoing, the rules and regulations of the Association, the membership
register, books of account (including annual reports and financial statements), and minutes of
meetings of the Members, the Board, and committees shall be made available for inspection and
copying by any holder, insurer or guarantor of first Mortgages on Units, Member of the Association,
or their duly appointed representatives at any reasonable time and for a purpose reasonably related
to his or her interest in a Unit at the office of the Association or at such other place within the
Properties as the Board shall prescribe.
(b) Rules for Inspection. The Board shall establish reasonable rules with respect to:
(i) notice to be given to the custodian of the records;
(ii) hours and days of the week when such an inspection may be made; and
(iii) payment of the cost of reproducing copies of documents requested.
(c) Inspection by Directors. Every Director shall have the absolute right of any reasonable time to
inspect all books, records, and documents of the Association and the physical properties owned or
controlled by the Association. The right of inspection by a Director includes the right to make
extracts and a copy of relevant documents at the expense of the Association.
Section 5. Notices. Unless otherwise provided in these By -Laws, all notices, demands, bills,
statements, or other communications under these By -Laws shall be in writing and shall be deemed
to have been duly given if delivered personally or if sent by United States Mail, first class postage
prepaid:
(a) if to a Member or Voting Member, at the address which the Member or Voting Member has
designated in writing and filed with the Secretary or, if no such address has been designated, at
the address of the Unit of such Member or Voting Member; or
(b) if to the Association, the Board of Directors, or the managing agent, at the principal office of the
Association or the managing agent, if any, or at such other address as shall be designated by
notice in writing to the Members pursuant to this Section.
Section 6. Amendment. These By -Laws may be amended only by the affirmative vote (in person or
by alternate) or written consent, or any combination thereof, of Voting Members representing
seventy-five (75%) percent of the Unit Owners. In addition, the approval requirements set forth in
Article XIV of the Declaration shall be met, if applicable. 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. No amendment shall
be effective until an amendment is recorded with the Office of the Recorder of Deeds of Flathead
County, MT
WESTWOOD PARK COMMUNITY ASSOCIATION
DESIGN GUIDELINES 1.
DESIGN REVIEW REGULATIONS
A. Westwood Design Review Committee.
I Duties: The Westwood Park Committee for Design Review is responsible for
administering the Design Regulations and Protective Covenants and performing
the following duties:
a. To form such reasonable rules and by-laws and adopt such procedures as is
necessary to carry out its functions.
b. To review all of the following it deems necessary:
i. Site plans and site sections
ii. Landscape plans
iii. Building drawings and specifications
iv. Material and color samples
v. Other information
c. To require all improvements, such as the following, to be reviewed and
approved by the DRC before construction commences.
i. Construction of buildings, auxiliary structures or roads.
ii. Alterations and Remodeling
iii. Restorations
iv. Landscaping, Fences and Walls
v. Parking
vi. Signs and Exterior Lighting
vii. Other improvements
d. To enforce height requirements contained within the Design Regulations and
Protective Covenants and to designate such requirements where they are not
called out.
e. To reject materials, designs and colors submitted with the plans, and the
plans themselves, if they are not compatible or are inappropriate with the
overall plan of the subdivision.
f To grant variances to the Design Regulations and Protective Covenants it
deems appropriate.
g. To interpret design regulations and Protective Covenants as it deems
appropriate and make rulings thereon.
h. To insist upon the completion of all improvements in substantial compliance
with the approved plans and specifications.
i. To enforce the Design Regulations and Protective Covenants in a court of
law.
We
j. To revoke or suspend approvals and order the suspension or cessation of any
construction in violation of the Design Regulations and Protective Covenants or
any approval issued by the DRC.
k. To require the submission of landscape plans with all requests for review and
approval of building plans.
2. Liability: Neither the DRC nor any member thereof shall be liable to the
Association or to any Owner for any damage, loss or prejudice suffered or
claimed on account of the following:
a. The approval of any plans, drawings or specifications, whether or not
defective.
b. The construction or performance of any work, whether or not pursuant to
approved plans, drawings, or specifications.
c. The development or manner of development of any property within Eagle
Bend West: provided, however, that such member has acted in good faith.
B. Zoning Regulations & Codes
General Zoning Regulations: Westwood Park is a PUD approved by the City of
Kalispell, MT
2. Density, Allowable Uses, Allowable Area & Setbacks.
a. Density: Not more than one single family residence may be built on each
single residential lot.
b. Allowable Uses: Each residential lot shall be used exclusively for residential
purposes, and no more than one family (including its servants and transient
guests) shall occupy such residence, provided, however, that nothing in this
subparagraph below shall be deemed to prevent:
i. Construction of detached garages in accordance with the Design
Regulations and Protective Covenants.
ii. Any artist, artisan and craftsperson from pursuing his or her artistic
calling upon the lot of dwelling unit owned by such artisan if such artist,
artisan or craftsperson also used such lot or dwelling unit for residential
purposes, is self employed and has no employees working on such lot or in
such dwelling unit, and does not advertise any product or work or art for
sale to the public upon such lot or dwelling unit.
37
3. Codes: All construction must comply with the provisions of the latest edition of the
following design regulations, codes and their amendments.
Westwood Park Design Regulations
Protective Covenants of Westwood Park
Uniforin Building Code
National Electrical Code
Uniform Mechanical Code
Uniform Fire Code
National Fire Protection Association Code
State Fire Code Standards
Montana Energy Code
All other applicable County, State and Federal Regulations
H. ENVIRONMENTAL REGULATIONS
A. Native Vegetation: It shall be recognized by the Owner of any lot within Westwood Park,
that many wildlife species live on or migrate through the property during various times of
year. The following limitations on use and development are intended, in addition to all other
requirements of this manual, to protect, preserve and maintain the existing wildlife habitat,
and to minimize the adverse effects of development on wildlife habitat.
1 Non -Native Plants: Introduction of non-native plant species which might compete
with, hann native species, or result in their decline is prohibited except where it is
shown that such introduction can improve or prevent undue damage to the natural
environment.
2. Chemicals: The use of chemical herbicides and pesticides is prohibited except for
the control of noxious weeds as required by law. Non -chemical weed control is
strongly encouraged. Only approved herbicides should be used and a Flathead
County Weed Board Representative should be consulted before applying
chemicals to sensitive areas.
3. Burning: The open burning of any materials or vegetation is prohibited.
4. Native Vegetation Transition Zone: All lots adjoining common open space areas
are to incorporate and protect native vegetation on the lot edges adjacent to the
open space.
5. Artificial Feeding: Artificial feeding of wildlife anywhere on the property is
prohibited. Artificial feeding greatly enhances disease infection and transmission
potential, tends to lead to accelerated habitat degradation,
38
C. Wetlands Protection: The Harbor Village site and access roads have been designed to be
sensitive to streams, ponds, aquatic sites, and wetlands. Such wetlands have been mapped
and delineated, The DRC will review all proposed construction and land use proposals on
the properties to assure that wetlands which are mapped in the delineation reports are
protected. The following covenants are based on the fundamental precept that dredged or
fill material should not be discharged into the aquatic ecosystem.
111. SITE DESIGN GUIDELINES & REGULATIONS
The integration of buildings into the landscape is essential to success and appearance of the
development. Site Design Regulations specifically serve to protect and enhance the natural
landscape, stream shed, view sheds and natural habitat.
A. Relationship to Open Space: The Master Plan establishes a network of trails and parks. In
addition, individual buildings shall be located in a manner that preserves the character of
the open space. When an entirely open site is developed, buildings shall be organized in a
cluster that diminishes the scale and impact of the building in the landscape. In addition
indigenous landscape materials shall be introduced to minimize the exposure of the
building. Manicured lawns shall be separated from the established Native Vegetation
Transition Zones (as defined in the Master Plan) with landscape materials. These transitions
are necessary to preserve the character of the open meadows found.
B. Foundation Studies: Foundation studies shall be conducted for all buildings.
C. Site Drainage: All site plans must indicate surface drainage patterns. All grading within the
development must relate to and blend into the surrounding natural landscape. Care should
be taken to limit the extent of cuts and fills. All cut and fill areas must feather into the
natural topography with the confines of the property boundary.
D. Driveways & Parking:
Site access shall be based on the Master Plan. Every effort shall be made to
diminish the impact of the entry to the garage through the consideration of angles of
approach and landscaping. All parking shall be within the lot boundary, off public
and private rights -of -way.
2. The construction and maintenance of all driveways shall be the responsibility of
the Owner. Driveways and parking areas shall be crowned and sloped for
adequate drainage and safety. Driveway and parking surfaces shall be asphalt,
concrete or any other materials as approved.
Materials shall restrict weed growth and maintain a clearly defined edge between
the landscaped area and the driveway surface. Materials shall withstand
deterioration from winter snow plowing and erosion.
E. Garbage and Refuse Disposal: All rubbish, trash and garbage shall be regularly removed
from the Property, and shall not be allowed to accumulate thereon. Trash, garbage and
other waste shall not be kept except in sanitary containers. All equipment, garbage cans,
wood piles, compost piles or storage piles shall be screened or concealed from view of
other dwellings and Common Areas.
39
G. Exterior Lighting: The intent of the lighting restrictions is to reduce the amount of light
pollution and to be unobtrusive to neighboring properties. Exterior lighting shall be
subdued, understated and indirect. Area lighting shall have concealed light sources and
shall be either all white or all pale yellow. Lighting shall be "down" type and shall not
radiate out from the property.
H Landscaping:
In general, landscaping within Westwood Park should link the development to the
landscape. When completed, the buildings should complement the landscape.
Through effective use of planting, the architectural elements can be softened and
blended into the land forms and vegetation of the site. New plant materials should
respect existing plant patterns. Trees, shrubs and ground cover should be placed in
groups of similar species, rather than alone or with a number of other species. In an
effort to blend with the surrounding environment and acknowledge the extreme
conditions of temperature and moisture, an informal landscape using indigenous
plant materials is recommended.
2. Edges: Where formal or groomed planting gives way to the natural landscape,
the transition should be defined. This can be accomplished through a natural
transition using boulders, perennial wildflowers, or shrub beds, or through
elements such as fencing, walls, pathways, or roads.
IV. BUILDING DESIGN GUIDELINES & REGULATIONS
A. Building Height: Building Heights shall be limited to a maximum of 35 feet. Building
height shall be measured from the highest ridge to the lowest adjacent grade
B. Entry Definition, Overhangs & Fascias: Snow in the Flathead Valley often builds up on
roof surfaces and slides at irregular intervals. Such slides can damage property, decks and
balconies, and even injure people. Caution should be taken in design to minimize shedding
of snow and ice toward driveways, sidewalks, porches, decks, balconies, or any other areas
which may be damaged or cause injury. Entrances should be expressed and protected with
adequate overhangs. All sloped roofs shall have overhangs of at least 18 inches.
40
V. MATERIAL AND DETAIL GUIDELINES & REGULATIONS
Materials shall be selected for the quality, durability and maintenance characteristics. The
following are the only allowable materials:
A. Roof Materials: Class A or B feated wood shakes or shingles, natural and synthetic slate
tiles and tile. Class A asphalt random tab shingles other similar materials, as allowed by the
DRC. All roof flashing vents, hoods, and roof accessories shall be copper, painted, or a pre -
finished metal that blends with the color of the roofing material selected.
B. Exterior Wall Materials: Subdued colors should predominate the main body of the
building. Exterior trim can be more colorful and contrast with the main body, adding
visual interest to the predominate neutral tones.
The DRC shall consider materials not listed below that maintain the aesthetic continuity of
Westwood Park, including pre -finished composite wood products and synthetic siding
materials.
Stonework: May either be man made or natural.
2. Unit Masonry: Unit masonry materials shall be limited to brick, as approved.
Brick surfaces shall be limited to 40% of the exterior surface area, and shall not be
applied to individual wall surfaces in order to avoid a veneer -like appearance.
3. Concrete: Exposed concrete foundation walls between ground level and exterior
wall siding shall be a maximum of 8 inches. Foundation exposure over 8 inches
shall be finished with synthetic textured stucco (stained a subdued color in
harmony with the building), stone, or treated wood.
4. Stucco: Synthetic stucco shall be permitted providing that the finished surface is
adequately textured to obscure the pattern of insulation panels.
5. Wood Siding/Wood Product Siding: Smooth or rough wood siding shall be an
acceptable exterior wood sheathing materials.
6. Natural Log: Natural, hand peeled log materials, assembled with irregular
diameters and lengths, shall be the only acceptable uses of log products,
prefabricated kit homes, including prefabricated homes of any type, shall not be
allowed.
C. Chimneys Materials, Composition & Proportion: Chimneys, flues and vents can be used to
create visual contrast. All flues shall be enclosed with a chimney cap and fitted with a spark
arrestor.
D. Exterior Windows and Doors.
I Scale, Composition & Proportion: Window and door patterns and reveals should be
carefully studied to create interest, variety and consistency. Window and door
locations shall be carefully considered to avoid being obscured by accumulating
snow.
41
2. Solar Orientation and Exposure: The design and location of exterior windows
should respond to the solar orientation of the building. The following energy
considerations should be addressed in the building design:
Double or triple glazing with Low E coatings
Openings caulked around windows/doors
Weather-stripping
Entry vestibules
3. Materials: Windows and doors shall be constructed of natural, stained, or painted -
wood, or pre -finished enamel or colored aluminum cladding. Glass curtain
walls shall not be approved. Mirrored glass shall not be used.
E. Decks, Balconies & Terraces.
Design: Decks, balconies and terraces shall be designed to enhance the overall
architecture of the building by creating variety and detail on exterior elevations.
2. Materials: Low level decks shall be skirted to grade. Decks which are not
practical to skirt shall be designed to assure that the underside of the deck is
integrated with the design of the building.
F. Building Color: Exterior color schemes throughout Harbor Village shall emphasize the
natural tones of the surrounding natural environment.
G. Energy Conservation: Owners are encouraged to meet with representatives of Montana
Power Company regarding the Super Good Cents home program. All residential buildings
shall meet the following minimum standards for roof and exterior wall insulation:
- Roofs: R-38 to R-42 (R-50 recom-mended)
+ Walls: R-19toR-21
0 Foundation Walls R- 19
V1. CONSTRUCTION PROCEDURES
A. Approvals Required Before Construction Starts
1. Pen -nits: Construction shall not commence until Final Plan Approval has been
received from the DRC and a building permit has been issued by appropriate
agencies. Building construction and landscaping must strictly conform to the
approved final plan and must be diligently prosecuted to completion within
twelve (12) months after obtaining the building permit unless specific written
extension is granted by the DRC
2. Erosion Control: All disturbed areas of the site shall be protected from erosion
during and after the construction period. Erosion control measures must be taken
during construction to insure soil stabilization, sediment control, and timely re -
vegetation.
B. Building Inspections: The DRC will not inspect projects for building code conformance;
this is the responsibility of the owner and architect. The DRC will however, from time to
time review the construction sites for conformance to these design standards. It is also the
42
responsibility of the Applicant or the Applicanfs builder to contact the state and other
authorities regarding electrical, plumbing and other required inspections.
IX. SUBMITTAL & REVIEW PROCESS
The design review process must be followed for any of the following:
• Construction of any building.
• Renovation, expansion, or refinishing of the exterior of any building.
Interior changes which affect the major function of a building.
• Major landscape, road or parking changes.
• Exterior lighting changes.
In addition to meeting the requirements of this manual, an owner must comply with the requirements of
all governing agencies.
The Westwood Park Review Process has two steps: Sketch Plan Review and Final Plan Approval. It is
recommended that Owners follow this two step process for any major building project, however, Owners
may submit materials for Final Plan Review and Approval without a Sketch Plan Review. In addition, the
Owner may appeal the DRC decision to the. Harbor Village Homeowners Association.
43
A. Sketch Plan Review: The Sketch Plan Review addresses the conceptual design of the
project. See Sketch Plan Review Checklists and Evaluation Criteria for complete
submission requirements. The Sketch Plan Review includes the following steps:
I Owner/architect prepares and submits to the DRC three copies of the Sketch
Plan.
2. DRC reviews sketch plan at scheduled meeting and notifies owner in writing of
the findings within 7 days.
B. Final Plan Review & Approval: The Final Plan Review & Approval addresses the final design
details of the project. See Final Plan Review Checklists and Evaluation Criteria for
complete submission requirements. The Final Plan Review & Approval includes the
following steps:
Upon approval of the Sketch Plan the owner/architect shall prepare and submit
three copies of the final plan.
2. DRC will notify owner in writing of the Final Plan Approval decision within 10
days.
X. PLAN REVIEW CHECKLISTS
A. Sketch Plan Review Checklist: Prepare and submit to the DRC three copies of the
preliminary design in conceptual drawing form to describe the following:
Site plans indicating building envelope, easements, setbacks, tree masses, stream
corridors, landscaping materials, new & existing contours g 2'-0" intervals, site
drainage, location of retaining walls, orientation of garage, driveway materials &
width. (Scale: I" = 20'min.)
Floor Plans (Scale: 1/4" or 1/8" = 1'-0")
Exterior Elevations of all sides of proposed buildings (Seale: 1/4" or 1/8" = F-0")
Exterior Materials
Building Height Sketch showing height.
Written Statement summarizing setback, height and square footage or proposed
construction and whether any variance requests will be made.
B. Final Plan Review Checklist: Three copies of all necessary materials for the Final Plan
Review & Approval must be submitted to the DRC at least 10 days prior to their next
scheduled meeting.
Harbor Village Plan Review Fee
Square footage summary
• Statement of building height
• Site Plan (scale 1 "=20' or I "= 16)
0 Trash enclosure
0 Property boundaries
0 Easements and setbacks
0 Existing and proposed contours at two foot intervals 0
Building footprint
44
0 Utility meters
0 Transformers
0 Service lines for water, sewer, gas, telephone, cable TV and electric (existing
service to building, if applicable)
0 Propose roads, walks, driveways, parking, decks, pools, patios accessory
buildings and all site improvements
0 Materials to be utilized for construction of roads, walks, driveways, decks, pools and
patios
0 Surface drainage
0 Finished floor elevations
Landscape and Irrigation Plan (same scale as Site Plan)
0 Extent and location of all plant materials and landscape features and ground
materials. Plant schedule identifying material by scientific nomenclature,
quantity, size.
0 Extent of turf areas to be mowed and irrigated (transition zone maintained,
irrigation method indicated.)
0 Lighting location type and wattage
0 Details of fencing
Building Drawings (scale 1/4" or 1/8" = I I -off)
0 Floor plans showing square footage
0 All exterior elevations showing finished grade, materials, windows, doors,
details and lighting
0 Project Specifications
0 Full scale material board indicating exterior wall and trim materials, exterior
stone samples, window colors, roof materials and flashing, exterior paving
materials, exterior finish colors.
0 Exterior lighting fixture cut sheets.
45
Westwood Park Design Review Committee
Forms
To those Westwood Park lot owners planning on constructing a new residence, or existing lot owners
planning on remodeling, and/or making changes to a driveway landscape, parking lot, fence, wall or exterior
lighting, please review the attached packet of information as it pertains to the Design Review process. All
forms should be submitted in person or by mail to Westwood Park Homeowners Association Design Review
Committee, Box 5420 Whitefish, MT 59937
Form #1 - "Application for Preliminary Design Review" must be submitted along with three (3) sets of drawings
and a non-refundable architectural review fee of $500.00 per unit.
Appendix #1 - "Owner's Authorization Form" must be submitted if you are designating someone other than
yourself as the contact person or authorized agent.
Form #2 - The "Application for Construction Document Review" must be submitted along with three (3) sets of
drawings and three (3) sets of specifications.
Westwood Park suggests utilizing the two step approach by submitting the "Application for Preliminary
Design Review" and then the "Application for Construction Document Review". However, if you are using a
licensed professional to assist you with the drawings and specifications you may elect to submit only the
"Application for Construction Document Review" and provide all required information at one time. The non-
refundable architectural review fee of $500.00 will be required with this application.
Form #3 - "Construction Application" must be submitted at the time the Design Review Committee has
approved all drawings and specifications, along with a $2,500.00 refundable damage deposit.
Form #4 - "Application for Construction Or Design Change" must be submitted if there is a deviation
from the originally submitted drawings and specifications, or if a remodel or change to an existing unit,
driveway, parking, landscape or exterior lighting is planned. If this is a remodel or change to an existing
habitable residence, a non-refundable architectural review fee of $500.00 must be paid with this application
as well as a $2,500 refundable damage deposit.
Form #5 - "Application for Final Inspection" must be submitted prior to the time the owner would like
the Design Review Committee to inspect the construction. Deposits, if any, will be refunded upon final
inspection and approval by the Design Review Committee.
T5/46
FORM #1
Westwood Park
Homeowners Association
A or Preliminga Design Review
pplication f
Please include three (3) sets of sketch plan review items, or three (3) sets of final plan review
items (see attached Design Guidelines), and the Design Review Fee in the amount of $500.00 per
unit, made payable to Westwood Park Homeowners Association. Please note this fee is non-
refundable. Please deliver or mail to Westwood Park Design Review Committee, Box 5420
Whitefish, MT 59937
Name - Address - Phone Number(s) for:
Owner Name:
(If owner is not making the submission, please complete the "Owner Authorization Form" to
authorize a designee to act as agent on behalf of the owner)
Contractor Name:
Architect Name:
Landscape Architect Name:
Signed:
Owner or Authorized Agent
Date:
It is understood and agreed that this Design Review Application when approved shall be for a
period of twelve (12) months from the approval date.
Design Approved:
Comments:
Signed:
Review Committee
Date: Design
47/'5/03
FORM #2
Westwood Park
Homeowners Association
Owner's Authorization Form
This agreement dated this ___Aay of , 2003, shall authorize the Design Review
Committee of Westwood Park Homeowners Association to recognize my Designated Agent to
represent me on all matters relating to the construction of my residence on lot # - located
at the street address of . Bigfork Montana, 59911.
Designated Agent
Name:
Address:
Phone:
I acknowledge receipt of the Westwood Park Design Guidelines and have read, understood and
shall abide by those guidelines. It is understood that the Design Review Committee shall enforce
said covenants in accordance with the authority vested to insure and protect the values of the
members of the Westwood Park Homeowners Association.
I understand and agree that I am responsible for the actions of any Agent and that this
authorization shall continue until my written notice to the Design Review Committee to
terminate this authorization has been received by the members.
Agreed to and accepted this day of 2003.
M.
Property Owner
LI-A
Accepted by the Design Review Committee, Westwood Park Homeowners Association
Date:
'/'5/48
FORM43
Westwood Park
Homeowners Association
Application for Construction Document Review
Please include three (3) sets of drawings, and three (3) sets of specifications. Please deliver or
mail to Westwood Park Design Review Committee, Box 5420 Whitefish, MT 59937
Date of Preliminary Design Approval (if submitted):
Date Prepared: Date Received:
Lot #: Street Address:
Owner Name:
Phone Number:
Contractor Name:
Phone Number:
Architect Name:
Phone Number:
Landscape Architect Name:
Signed: Date:
Owner or Authorized Agent
Construction Documents Approved:
Comments:
Signed: Date:
Design Review Committee
49/'5/'3
FORM #4
Westwood Park
Homeowners Association
Construction Application
Please include a refundable damage deposit of $2,500.00 per unit made payable to Westwood Park
Homeowners Association. Please deliver or mail this application and the damage deposit to
Westwood Park Design Review Committee, Box 5420 Whitefish, MT 59937
Date of Construction Document Approval:
Date Prepared:
Date Received:
Lot #: Street Address:
Owner Name:
Phone Number:
Contractor Name:
Phone Number:
Agreement;
I hereby agree that I have read and understand the Westwood Park Homeowners Association
Design Review Guidelines and will abide by said guidelines and shall perform the construction
approved herein in accordance with the final Construction Documentation Approval. I will not
make any changes without prior written approval by the Design Review Committee.
I understand that my deposit of $2,500.00 may be used to make corrections for unauthorized work,
site clean up, street, road, sidewalk, gutter, curb or shoulder damage, and perform any other actions
or repairs required to remedy infractions or violations to the Design Review Committee guidelines.
It is agreed that a conference shall be held between the Owner, Contractor and Architect prior to
construction to review all documents and assure the parties adherence to the Design Review
Committee's guidelines.
I shall promptly pay any additional fees, fines or assessments for the stated purpose should I be so
required by the Design Review Committee.
T5150
FORM #4
Construction Application - page- two
I further agree to submit within fifteen (15) days prior to commencement of construction an
insurance certificate naming Westwood Park Homeowners Association as an additional insured
on the Owner's and Contractor's policy.
Signed:
Authorized Agent
Approved: Date:
Committee
Date: Owner or
Design Review
5 1 /'5/03
FORM #5
Westwood Park
Homeowners Association
Application for Construction or Design Change
Please include three (3) sets of drawings, three (3) sets of specifications, and a reftindable
construction change deposit in the amount of $2,500.00 per unit made payable to Westwood Park
Homeowners Association. Please deliver or mail to Westwood Park Design Review Committee,
5420 Whitefish, MT 59937
Date of Construction Document Review Approval:
Date Prepared: — Date Received:
Lot #: Street Address:
Owner Name: - Phone No.:
Architect Name: Phone No.:
Proposed Change: (Attach Sketch)
Reason for Change:
Signed:
Date:
Owner or Authorized Agent
Construction Change Approved: Date:
Comments:
It is understood and agreed that this Construction or Design Change approval when granted shall
be for a period of six (6) months from the approval date hereof If construction has not
commenced within said six (6) month period, this approval shall be forfeited.
Signed:
Review Committee
Date: Design
'/'5/52
FORM #6
Westwood Park
Homeowners Association
Application for Final Inspection
Date Prepared: Date Received:
Lot #: Street Address:
Owner Name:
Phone Number:
Requested Date for Final Inspection:
I certify that construction has been completed and that all work done conforms to State, County
and Local codes and is in accordance with the approved plans granted by the Design Review
Committee and meets Westwood Park Homeowners Association standards as approved.
Signed: Date:
Owner or Authorized Agent
Deposit Returned: -- Date:
Deposit Withheld:
Comments:
Date:
Signed: Date: Design Review
Committee
53/'5/03
611612007
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Randy Brodehl, Fire Chief
James H. Patrick, City Manager
SUBJECT: Resolution to raise Ambulance Transportation Rates
COUNCIL MEETING DATE: May 21, 2007
BACKGROUND: The Kalispell Fire Department provides ambulance service to the City of
Kalispell and the surrounding areas in the Flathead Valley. Ambulance transport rates
were last adjusted January 15, 2006. Since then, there have been significant cost
increases in fuel, wages, and supplies. While revenue recovery has been stable, costs for
fuel, personnel, and supplies continues to increase. The ambulance service also receives
approximately $78,000 per year as the City's portion of a 3 mill county -wide EMS levy.
The State of Montana has begun providing annually adjusted figures used to establish the
amount that is billable to Medicare and Medicaid. This is based on a state-wide evaluation
of costs associated with ambulance transport of patients. This year's adjustment is 4.0
percent. Based on this evaluation, and a similar increase in costs experienced by the
special revenue fund, this is a recommendation for an annual increase to offset actual cost
changes as identified in the attached table.
FISCAL IMPACTS: This increase in fees should allow the Ambulance Fund to remain
viable for our community without having an undue impact on patients or city taxpayers for
the coming year.
RECOMMENDATIONS: Rates for ambulance services are set by City Resolution, so must
be approved by the City Council. The department is requesting that Council approve the
rate changes to the fee schedule as shown in the attached table.
Please contact City Manager Patrick or Chief Brodehl if you have any questions.
Respecifully submitted,
RO�ncfi 11�r, ire —Chief ames H. Patrick. City �Mana�ager