Staff Report/Preliminary PlatTri-City Planning Office
17 Second Street Fast — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Pax: (406) 751-1858
tricity@centurytel.net
www.tricitypianning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
SUBJECT The Granary Townhouses Subdivision Preliminary Plat
MEETING DATE: May 2, 2005
BACKGROUND: This is a request for preliminary plat approval of The Granary
Townhouses, a 16-unit townhouse development. The project consists of 8 two unit
twnhomes on the east side of Whitefish Stage Road between Bruyer Way and the
Edgerton School access. The development is known as the Granary Ridge
Townhomes and contains approximately 2.535 acres. Because the applicant is
requesting private street and reduced setbacks, a planned unit development overlay
has also been submitted with the proposed RA-1, Low Density Residential Apartment,
zoning request.
The Kalispell City Planning Board met on April 12, 2005 and held a public hearing to
consider this proposal. The staff noted that the PUD allowed the developer some
flexibility with the internal access road which would serve the lots. The staff
recommended an R-4 zoning assignment rather than the proposed RA-1 since the
project essentially complies with the R-4 development standards and the reduction in
the rear yard setback from. 20 feet to ten feet would provide space for a boulevard and
sidewalk along the internal roadway.
During the public hearing the applicants explained their proposal, how the common
areas would be managed and their desire to meet a niche in the marketplace. Two
members of the public spoke in favor of the proposal citing the limited availability of
the proposed single story townhouses and the good location for the project. Two
neighbors from the area spoke in opposition to the proposal citing concerns about
density and impacts to Whitefish Stage Road.
The board discussed the proposal and considered the testimony. There was
considerable discussion regarding the density; five townhouses on the bluff versus
four and the impacts this development would have on the stability of the bluff. A
motion was made to recommend to Kalispell City Council that the preliminary plat be
approved subject to conditions which failed on a vote of three in favor and three
opposed.
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Fails
The Granary Townhouses Preliminary Plat
April 27, 2005
Page 2
RECOMMENDATION: The City Council consider the proposal and the planning
board's recommendation.
FISCAL EFFECTS:
ALTERNATIVES:
Respectfully submitted,
Narda A. Wilson
Senior Planner
Limited positive impacts once fully developed.
As suggested by the city council.
Report compiled: April 27, 2005
c: Theresa White, Kalispell City Clerk
�esH. trick
City Manager
Attachments: Transmittal letter
Staff report #KPP-05-4 and application materials
Draft minutes from 4/ 12/05 planning board meeting
TRANSMIT\KALISPEL\ 2005 \KPP-05-4MEM
RESOLUTION NO.5008
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
GRANARY RIDGE TOWNHOMES, MORE PARTICULARLY DESCRIBED AS LOTS 3
AND 4 OF SUBDIVISION #1150 AND ASSESSOR'S TRACT 5C IN THE SOUTHWEST
QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, Valley Ventures LLC, the owner of the certain real property described above, has
petitioned for approval of the Subdivision Plat of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
April 12, 2005, on the proposal and reviewed Subdivision Report #KPP-05-4 issued
by the Tri-City Planning Office, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission did not recommend
approval of the Preliminary Plat of Granary Ridge Townhomes due to a vote of three
in favor and three opposed, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 2,
2005, reviewed the Tri-City Planning Office Report #KPP-05-4, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
,NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION L That the Findings of Fact contained in Tri-City Planning Office Report
#KPP-05-4 are hereby adopted as the Findings of Fact of the City Council.
SECTION H. That the application of Valley Venture LLC for approval of the Preliminary
Plat of Granary Ridge Townhomes, Kalispell, Flathead County, Montana is
hereby approved subject to the following conditions:
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. (Kalispell Subdivision Regulations,
Appendix C — Final Plat)
2. That covenants, conditions, and restrictions for the subdivision shall reflect a provision for the
maintenance of common areas and the private internal roadway that are proposed for the
townhouses. Setbacks for the townhouses accessed via an interior street shall be measured
from the edge of the easement and shall be 20 feet in the front and ten feet in the rear and five
feet on the sides with the exception of the zero lot line required to achieve the townhouse
configuration. (Site Development Review Committee)
3. At the time of final plat a provision shall be made for the pro-rata share of ownership of the
common area for taxation purposes.
4. That the development of lots in the PUD shall be subject to architectural review as outlined in
the application and supporting materials and a letter be submitted to the Kalispell Site
Development Review Committee from the Architectural Review Committee of the
homeowners association prior to the issuance of a building permit. (Site Development Review
Committee)
5. That the plans and specifications for all public infrastructure be designed and installed in
accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision
Regulations with the exception of the roadway as further enumerated below. 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).
f. The road profile shall consist of a 24 foot wide roadway, two foot curb and gutter, a five foot
boulevard on the eastern boundary of the access road and a five foot sidewalk adjoining the five
foot boulevard. The boulevard shall be landscaped in accordance with a plan approved by the
Kalispell Parks and Recreation Department.
7. That a minimum 10-font buffer shall be established along the north boundary of the
development to provide screening and buffering for the property to the north. This shall be in
the form of berming fencing or Iandscaping or a combination thereof. These improvements are
to be coordinated with the Kalispell Public Works Department and the Parks and Recreation
Department.
S. The proposed berming and landscaping along Whitefish Stage Road shall be reviewed and
approved by the Kalispell Parks and Recreation Department to ensure satisfactory buffering and
landscaping. The landscape materials shall consist primarily of living green plant, grasses and
shrubs.
9. The proposed pedestrian access at the northwest corner of the site shall connect with the
internal sidewalk and shall be of concrete construction. A crosswalk shall be installed from this
pedestrian path across Whitefish Stage Road that is coordinated and approved by the Montana
Department of Transportation, Flathead County Road Department and Kalispell Public Works
Department.
10. That a ten foot right of way reservation for future acquisition for the upgrade of Whitefish
Stage Road shall be indicated on the face of the final plat.
11. 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.
f. Street naming shall be approved by the fire department.
12. 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).
13. That the parkland requirement of I I percent of the area in lots which is 2.13 acres and is
equivalent to 0.2343 of an acre skull be met through cash in lieu of parkland. The cash in lieu
of parkland shall be based on $45,000 per acre and is equivalent to $10,544. (Kalispell
Subdivision Regulations, Section 3.19).
14. The private internal roadway 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. (Kalispell Subdivision
Regulations, Section 3.09).
15. That a note be placed on the face of the final plat that waives protest to the creation of any
special improvement districts for the upgrade of roads in the area to City standards which may
be impacted by this development.
16. A eotechnical study of the slope shall be conducted prior to the issuance of buildin er it
demonstrating its stability as a building site. (Kalispell Planning Board)
17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3,22).
18, Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
3.09(L)).
19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
22. 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.
23. That preliminary plat approval for the first phase of the planned unit development shall be valid
for a period of three years from the date of approval. (Kalispell Subdivision Regulations,
Section 2.04).
SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 2ND DAY OF MAY, 2005.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel.net
April 26, 2005
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
RE: The Granary Townhouses Subdivision Preliminary Plat
Dear Jim:
The Kalispell City Planning Board met on April 12, 2005 and held a public hearing to
consider a request for preliminary plat approval of The Granary Townhouses, a 16
unit project consisting of eight two unit townhouses on approximately 2.535 acres. A
request for annexation and initial zoning of RA-1 has been filed along with an
application for a planned unit development concurrently. The property is located on
the east side of Whitefish Stage Road between Bruyer Way and the Edgerton School
access. A PUD has been proposed because the applicant is requesting a private street
and reduced setbacks which can only be considered through this mechanism.
Narda Wilson, of the Tri-City Planning Office, presented staff report KPP-05-4
evaluating the proposal. She noted that the PUD allowed the developer some
flexibility with the internal access road which would serve the lots. She noted the
staff is recommending an R-4 zoning assignment rather than the proposed RA-1 since
the project essentially complies with the R-4 development standards and the
reduction in the rear yard setback from 20 feet to ten feet would provide space for a
boulevard and sidewalk along the internal roadway.
During the public hearing the applicants explained their proposal, how the common
areas would be managed and their desire to meet a niche in the marketplace. Two
members of the public spoke in favor of the proposal citing the limited availability of
the proposed single story townhouses and the good location for the project. Two
neighbors from the area spoke in opposition to the proposal citing concerns about
density and impacts to Whitefish Stage Road.
The board discussed the proposal and the testimony. Some of the board members
expressed concern regarding the density and questioned the five townhouses on the
bluff versus four. A motion was made to recommend to Kalispell City Council that the
preliminary plat be approved subject to conditions which failed on a vote of three in
favor and three opposed. Another motion was made to reduce the overall number of
townhouses from 16 to 14 eliminating one of the two unit buildings along the bluff.
That motion failed on a vote of three in favor and three opposed.
Providing Community Planning Assistance To:
• City of Columbia Falls . City of Kalispell • City of Whitefish •
The Granary Townhouses Preliminary Plat
April 26, 2005
Page 2
Please schedule this matter for the May 2, 2005 regular City Council meeting. You
may contact this board or Narda Wilson at the Tri-City Planning Office if you have any
questions regarding this matter.
Sincerely
Kalispell City Planning Board
George Taylor
President
GT/NW/ma
Attachments: Exhibit A -Conditions of Approval
Staff report KPP-05-4 and application materials
Draft minutes 4/ 12/05 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Valley Ventures, 8 - First St E, #204, First and Main Building,
Kalispell, MT 59901
Sitescape Associates, Box 1417, Columbia Falls 59912-1417
The Granary Townhouses Preliminary Plat
April 26, 2005
Page 3
EXHIBIT A
THE GRANARY TOWNHOUSES SUBDIVISION
KALISPELL CITY PLANNING BOARD
APRIL 12, 2005
The Kalispell City Planning Board held a public hearing was held on this matter at the
regular meeting of the planning board of April 12, 2005.
The following conditions were included in the recommendation for approval of the
annexation with an R-4 / PUD overlay.
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. (Kalispell Subdivision Regulations, Appendix C - Final Plat)
2. That covenants, conditions, and restrictions for the subdivision shall reflect a
provision for the maintenance of common areas and the private internal roadway
that are proposed for the townhouses. Setbacks for the townhouses accessed via
an interior street shall be measured from the edge of the easement and shall be
20 feet in the front and ten feet in the rear and five feet on the sides with the
exception of the zero lot line required to achieve the townhouse configuration.
(Site Development Review Committee)
3. At the time of final plat a provision shall be made for the pro-rata share of
ownership of the common area for taxation purposes.
4. That the development of lots in the PUD shall be subject to architectural review
as outlined in the application and supporting materials and a letter be submitted
to the Kalispell Site Development Review Committee from the Architectural
Review Committee of the homeowners association prior to the issuance of a
building permit. (Site Development Review Committee)
5. That the plans and specifications for all public infrastructure be designed and
installed in accordance with the Kalispell Design and Construction Standards
and the Kalispell. Subdivision Regulations with the exception of the roadway as
further enumerated below. 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).
6. The road profile shall consist of a 24 foot wide roadway, two foot curb and gutter,
a five foot boulevard on the eastern boundary of the access road and a five foot
sidewalk adjoining the five foot boulevard. The boulevard shall be landscaped in
accordance with a plan approved by the Kalispell Parks and Recreation
Department.
The Granary Townhouses Preliminary Plat
April 26, 2005
Page 4
7. That a minimum 10-foot buffer shall be established along the north boundary of
the development to provide screening and buffering for the property to the north.
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 and the Parks and Recreation Department.
8. The proposed berming and landscaping along Whitefish Stage Road shall be
reviewed and approved by the Kalispell Parks and Recreation Department to
ensure satisfactory buffering and landscaping. The landscape materials shall
consist primarily of living green plant, grasses and shrubs.
9. The proposed pedestrian access at the northwest corner of the site shall connect
with the internal sidewalk and shall be of concrete construction. A crosswalk
shall be installed from this pedestrian path across Whitefish Stage Road that is
coordinated and approved by the Montana Department of Transportation,
Flathead County Load Department and Kalispell Public Works Department.
I.O. That a ten foot right of way reservation for future acquisition for the upgrade of
Whitefish Stage Road shall be indicated on the face of the final plat.
11. 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.
f. Street naming shall be approved by the fire department.
12. 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).
13. That the parkland requirement of 1 I percent of the area in lots which is 2.13
acres and is equivalent to 0.2343 of an acre shall be met through cash in lieu of
parkland. The cash in lieu of parkland shall be based on $45,000 per acre and is
equivalent to $10,544. (Kalispell Subdivision Regulations, Section 3.19).
The Granary 'townhouses Preliminary Plat
April 26, 2005
Page 5
14. The private internal roadway 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. (Kalispell Subdivision Regulations, Section 3.09).
15. That a note be placed on the face of the final plat that waives protest to the
creation of any special improvement districts for the upgrade of roads in the area
to City standards which may be impacted by this development.
16. A geotechnical study of the slope shall be conducted prior. to the issuance of a
building_ permit demonstrating its stability as a building site. (Kalispell Planning
Board)
17. The developer shall provide a letter from the U.S. Postal Service approving the
plan for mail service. (Kalispell Subdivision Regulations, Section 3.22).
18. Street lighting shall be located within the subdivision and shall be shielded so
that it does not intrude unnecessarily onto adjoining properties. (Kalispell
Subdivision Regulations Section 3.09(L)).
19. All utilities shall be installed underground. (Kalispell Subdivision. Regulations,
Section 3.17).
20. That a minimum of two-thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal.
21. All areas disturbed during development of the subdivision shall be re -vegetated
with a weed -free mix immediately after development.
22. 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.
23. That preliminary plat approval for the first phase of the planned unit
development shall be valid for a period of three years from the date of approval.
(Kalispell Subdivision Regulations, Section. 2.04).
GRANARY RIDGE TOWNHOMES PRELIMINARY PLAT
TRI-CITY PLANNING OFFICE
STAFF REPORT #KPP-05-4
APRIL 5, 2005
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
a request for preliminary plat approval of a 16 lot residential subdivision. A public
hearing on this proposal has been scheduled before the planning board for April. 12,
2005 in the Kalispell City Council Chambers. The planning board will forward a
recommendation to the city council for final action.
BACKGROUND: The site exists as two lots within a platted minor subdivision
created several years ago and a piece of tract land. When the minor subdivision was
platted by Flathead County, four lots were created with the County RA-1, Low Density
Residential. Apartment, zoning in place. hots 3 and 4 of this project were to share a
common approach onto Whitefish Stage. While single family homes have been built
on Lots I and 2 to the north, there are no deed restrictions, covenant or local zoning
limitations that limit this area to single family residences. The lots are now being
proposed .for annexation to the city, connection to City utilities and development of
the lots to an urban density.
A. Applicant: Valley Venture LLC
8 First Street East, Suite #204
First and Main Building
Kalispell, MT 59901
(406) 756-7373
Technical Assistance: Sitescape Associates
Box 1417
Columbia Falls 59912-1417
(406) 892-3492
B. Nature of Application: The developer has petitioned for annexation and initial
zoning of RA -I concurrent with an application for a planned unit development
and preliminary plat approval of a 16-unit townhouse development containing 8
two unit townhornes on the east side of Whitefish Stage between. Bruyer Way and
the Edgerton School access. The development is known as the Granary Ridge
Townhomes. Because the applicant is requesting private street and reduced
setbacks, a planned unit development overlay has also been submitted with the
proposed RA-1. Low Density Residential Apartment, .zoning request. The
applicants are proposing the subdivAsion be developed in a single phase. There
would be two accesses into the subdivision from Whitefish Stage Road; one would
align with Bruyer Way to the west and the other would be offset from the
Edgerton. School entrance also to the west. The applicants propose a 10 foot Nvide
future road reserve along Whitefish Stage. As part of the PUD the applicants will
propose a minimum three foot high landscaped earth berm between Whitefish
Stage and the building line of the townhouse units. The street system will be a 24
1
foot wide private street with curb and gutter but no sidewalk. The lots within the
subdivision range in size from 9,550 square feet to 12,910 square feet for each
two unit townhome.
C. Location: The property is located on the east side of Whitefish Stage Road
between Bruyer Way and the Edgerton. School access in the northeast part of
Kalispell. The property proposed for development can be described as Lots 3 and
4 of Subdivision # 1150 and Assessor's Tract SC in the southwest quarter of
Section 32, Township 29 North, Range 21 West, PM.M., Flathead County,
Montana.
D. Size:
Total Area: 2.535 acres
Area in Lots: 2.13 acres
Roadways: 0.327 acres
Common Areas: 0.078 acres
E. Existing Land Use: This property is generally vacant except for an older gray
single story residence located on the far south end of the site. This residence
would be removed prior to development of the project.
F. Adjacent Land Uses: The area can be described as a mixed use residential
neighborhood. To the immediate north lie large lot single family residences. To
the west across Whitefish Stage lies the Buffalo Stage Professional Park
containing professional offices and further west, the Edgerton School. To the
south lies a single wide mobile home and a single family residence, the old
granary building and open lands zoned RA-3 Residential Apartment/ Office
zone.
North: Single-family homes, County RA-1 zoning
East: Glacier Village Greens Homeowners park and open lands City R-4
South: A mobile home, a single family residence and the old granary
building, vacant land, City RA-3 zoning.
West: Professional offices, City R-5 zoning, Edgerton School, P-- I zoning.
G. Zoning: The applicants have petitioned for City RA- I zoning, a Low Density
Residential Apartment zoning district, which has a minimum lot width of 60
feet and a minimum lot size requirement of 6,000 square feet plus and an
additional 3,000 square feet for each additional unit beyond a duplex. The
district allows duplexes and single-family homes as permitted uses and multi-
family dwellings as a conditionally permitted use.
H. Utilities: This property would receive full City services to the subdivision as
provided under the City of Kalispell's Extension of Services Plan.
Water: Evergreen Water District
Seger: City of Kalispell
Solid Waste: Private hauler
Gas: Northwestern Energy
2
Electricity: Flathead Electric Coop (underground)
Telephone: CenturyTel (underground)
Fire: City of Kalispell
Schools: School District #5, Kalispell., Edgerton School
Police: City of Kalispell
REVIEW AND FINDINGS OF FACT
This application is reviewed as a major subdivision in accordance with statutory
criteria and the Kalispell City Subdivision. Regulations.
A. Effects on Health and Safety:
Fire: This subdivision would be annexed into the service area of the Kalispell
Fire Department. The property can be considered to be a low risk of fire
because the subdivision and homes within the subdivision would be
constructed in accordance with the International Fire Code. Hydrants will be
placed in compliance with the requirements of the International Fire Code and
the fire access and suppression system reviewed and approved by the Kalispell
fire chief. Two accesses in and out of the subdivision are proposed to be
developed connected by an internal loop road. The primary entrances to the
subdivision would be located along Whitefish Stage Road. Fire access and the
suppression system should be installed and approved by the fire department
prior to combustible construction taking place on the site and prior to final plat
approval.
Floodin : According to FIRM Panel #1810D dated 10/ 16/96, it notes that this
property is located entirely in Zone C. which is not a flood prone area and no
special permits are required for development.
Access: Access to the development will be from two entrances onto Whitefish
Stage Road. Whitefish Stage Road is on the state primary road system highway
and is in generally fair condition. A recent overlay has improved the travel
surface, however, traffic volumes and turning traffic have begun to limit
capacity along stretches during peak hour traffic times. Access onto Whitefish
Stage Road will create an increase in traffic volumes in the area and exacerbate
problems with the current high traffic levels. The segment of Whitefish Stage
Road between West Reserve Drive and the Stillwater Bridge is the third busiest
County road. Additional traffic entering and leaving Whitefish Stage Road from
this subdivision will create additional impacts to the roadway and traffic in the
area. The applicants will be required to acquire an approach permit from MDT
prior to project development. At that tinge, MDT will determine if additional
improvements to the roadway will be necessitated because of the increased
traffic generated by this development.
The internal roadway serving the subdivision will be a paved private road built
within a 28 foot road easement featuring a 24 foot travel surface and curb and
gutter on both sides. This is a deviation from the Kalispell Design. and
Construction standards in that there is no sidewalk or boulevard proposed
adjacent to this internal roadway. The staff is recommending that the zoning
for the site be R-4, Ttivo Family Residential upon annexation to the city to allow
3
a reduction in the rear yard setback from 20 feet to 10 feet. This will allow the
buildings to shift ten feet to the east and provide an area for the creation of a
boulevard and sidewalk along the internal private roadway. This will take the
roadway, curb and gutter, boulevard and sidewalk area up to a total of 38 feet.
A bike and pedestrian path exists along west side of Whitefish Stage Road
which runs from West Reserve Drive and continues to the west through
Lawrence Park, over a bridge that crosses the Stillwater River and connects
with the path near Buffalo Hill golf course. Pedestrian facilities on the east side
of Whitefish Stage are non-existent and generally developed to the north and
south. Therefore, the staff recommendation would be that no pedestrian path
would be required to be constructed along Whitefish Stage Road in conjunction
with this development.
B. Effects on. Wildlife and Wildlife Habitat: This property is generally vacant
land surrounded on all sides by urban scale development. It does not provide
important wildlife habitat for any type of big game or endangered species. This
area does not provide significant habitat for wildlife.
C. Effects on the Natural Environment:
Surface and groundwater: There is no surface water in close proximity to this
site. The subdivision will be served by public water and sewer, thereby
minimizing any potential impacts to the groundwater.
Drainage: This site is relatively level and does not pose any unusual
challenges to site drainage. All storm water will have to be managed and
maintained on --site. Curbs and gutters will be installed within the subdivision
as part of a storm drain management plan which will have to be developed to
address potential runoff from the site. An engineered drainage plan that has
been developed in compliance with the City of Kalispell's Design and
Construction Standards will be submitted to the Kalispell Public Works
Department for their review and approval.
D. Effects on Local Services:
Water: Water service will be provided by the Evergreen Water District which
currently has facilities in the immediate area and this property is currently
within the district boundaries. Fire hydrants will be required to be placed in
accordance with the International Fire Code and flow tested. The water system
for fire flow purposes will be reviewed and approved by the Kalispell Fire
Department as well as reviewed for compliance with the standards and
specifications of the Evergreen Water District and the Montana Department of
Environmental Quality.
Water will be metered by the Evergreen Water District and that information will
be provided to the City of Kalispell for the purposes of determining sewer
usage.
Sewer: Sewer service for the subdivision will be provided by the City of
Kalispell. 'There appears to be adequate capacity in the sewer treatment plant
4
and the existing collection, system to accommodate the additional impacts to
the system as a result of this subdivision.
Roads: Traffic projections for this subdivision are estimated to be
approximately 160 additional vehicle trips per day at full build out based on
the estimate given in the Trip Generation Manual published by the Institute of
Transportation Engineers based on ten vehicle trips per dwelling. The new
road within the subdivision will be privately owned and maintained. Primary
access to the subdivision will be taken from Whitefish Stage. Whitefish Stage
Road is an urban primary highway and the new access into the subdivision will
be required by the Montana Department of Transportation to be reviewed,
approved and permitted by them. It is likely that a traffic study assessing the
impacts to Whitefish Stage Road from the subdivision will be required as part of
their review process. The additional traffic impacts that may be generated as a
result of this subdivision would be subject to mitigation and improvements
identified in the traffic impact analysis that can be anticipated to be required as
part of the review and permitting process required the Montana Department of
Transportation.
Whitefish Stage Road is classified as a minor arterial and is a State urban
primary highway. Currently there is no policy that the City or State has with
regard to upgrades to these primary roadways when they provide primary
access to new subdivisions. As previously mentioned, standard policy by the
MDOT is to require a traffic impact analysis and to identify mitigation and
improvements. Additionally, there is no provision for the assessment or
collection of development impact fees. Roads in the area appear to be adequate
to accommodate the additional traffic that may be generated from this
subdivision at full build out subject to the improvements identified as part of
the traffic impact analysis that will be required by the MDOT.
Schools: This development is within the boundaries of School District #5,
Kalispell, and Edgerton School would serve the primary grades K through 6. At
buildout, this development would be anticipated to generate S children on
average, K through 12. This impact is considered minor in nature although
cumulative impacts of several developments could cause concerns, Of greatest
concern would be seeing that the K through 6 grade children can safely cross
Whitefish Stage to Edgerton School The applications indicated that a school
crossing would be desirable here. This would need to be coordinated with and
approved by MDOT, the County and Kalispell Public Works.
Parks and Open Space: The state and local subdivision regulations require
parkland dedication for major subdivisions in the amount of 11 percent or one -
ninth of the area in lots. This project has 2.13 acres developed into lots. Based
on the 11% figure, the land dedication would be 0.2343 acres. A cash in lieu of
parkland payment equivalent to the market value of 0.2343 acres will be
required at the time of final plat. The developer shall provide proof of the
market value of the property to determine the cash in lieu of parkland amount.
The staff would estimate the undeveloped market value to be approximately
$45,000 per acre generating a cash in lieu amount of S10,544.
5
Police: This subdivision is in the jurisdiction of the City of Kalispell Police
Department. The department responded by stating that they can adequately
provide service to this subdivision.
Fire Protection: Fire protection would be provided by the Kalispell Fire
Department. Although fire risk is low because of good access, the fire
department is recommending that access to the subdivision and the hydrants
be in place prior to final plat approval. The Fire Marshal has commented that
water main infrastructure shall be designed to meet the fire flow requirements
of the International Fire Code (2003) Appendix B, and fire hydrants delivering
the required fire flow shall be provided prior to combustible construction.
Hydrants shall be installed in accordance with City standards at locations
approved by this department. Additionally approved fire department access
shall be provided to ensure adequate vehicle ingress/egress. Street naming
and addressing must be approved by the fire department and the public works
department.
Solid Waste: Solid waste will be handled by private hauler for the first 5 years
with the option of the local residents to petition the City of Kalispell for service
after that point. There is sufficient capacity within the landfill to accommodate
this additional solid waste generated from this subdivision.
Medical Services: Ambulance service is available from the fire department and
ALERT helicopter service. Kalispell Regional Medical Center is close by and
less than three miles from the site.
E. Effects on Agriculture and agricultural water user facilities: The site is a
small remnant unsuitable for agriculture pursuits because of its size and the
fact that it is entirely surrounded by urban scale development. There will be
no impact on agricultural uses within the Valley and no impact on agricultural
water user facilities since this property will be served by a public water system.
F. Relation to Growth Policy: The property is designated by the Kalispell City
Growth Policy as "Urban Residential" which is defined as allowing a single
family, duplex and low density multi -family residential area with densities
typically between 3 and 12 units per gross acre. The designation also
anticipates a full array of public services and infrastructure available to achieve
these densities. The proposed development is in compliance with the land use
designation of the Growth Policy Plan designation for the area.
G. Compliance with Zoning: The proposed zoning for the site is RA-1 Residential
apartment. Both single family and two unit townhomes are a permitted use
within this zone. The minimum lot size of the zone is 6,000 square feet for a
single family or duplex housing units. The townhorne lots being proposed
comply with the minimum lot sizes and uses of the zone.
H. Compliance with the Kalispell Subdivision Regulations: This subdivision
deviates from the Kalispell Subdivision Regulations with regard to the roadway
6
design which is addressed under the planned unit development.
RECOMMENDATION
Staff recommends that the Kalispell City -County Planning Board adopt Staff Report
#KPP-05-4 as findings of fact and recommend to the Kalispell City Council that the
preliminary plat be approved subject to the following conditions:
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. (Kalispell Subdivision Regulations, Appendix C - Final Plat)
2. That covenants, conditions, and restrictions for the subdivision shall reflect a
provision for the maintenance of common areas and the private internal roadway
that are proposed for the townhouses. Setbacks for the townhouses accessed via
an interior street shall be measured from the edge of the easement and shall be
20 feet in the front and ten feet in the rear and five feet on the sides with the
exception of the zero lot line required to achieve the townhouse configuration.
(Site Development Review Committee)
3. At the time of final plat a provision shall be made for the pro -rates share of
ownership of the common area for taxation purposes.
4. That the development of lots in the PUD shall be subject to architectural review
as outlined in the application and supporting materials and a letter be submitted
to the Kalispell Site Development Review Committee from the Architectural.
Review Committee of the homeowners association prior to the issuance of a
building permit. (Site Development Review Committee)
5. That the plans and specifications for all public infrastructure be designed and
installed in accordance with the Kalispell Design and Construction Standards
and the Kalispell Subdivision Regulations with, the exception of the roadway as
further enumerated below. 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).
6. The road profile shall consist of a 24 foot wide roadway, two foot curb and gutter,
a five foot boulevard on the eastern boundary of the access road and a five foot
sidewalk adjoining the five foot boulevard. The boulevard shall be landscaped in
accordance with a plan approved by the Kalispell Parks and Recreation
Department.
7. That a minimum 10-foot buffer shall be established along the north boundary of
the development to provide screening and buffering for the property to the north.
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 and the Parks and Recreation Department.
8. The proposed berming and landscaping along Whitefish Stage Road shall be
reviewed and approved by the Kalispell Parks and Recreation Department to
ensure satisfactory buffering and landscaping. The landscape materials shall
consist primarily of living green plant, grasses and shrubs.
9. The proposed pedestrian access at the northwest corner of the site shall connect
with the internal sidewalk and shall be of concrete construction. A crosswalk
shall be installed from this pedestrian path across Whitefish Stage Road that is
coordinated and approved by the Montana Department of Transportation,
Flathead County Road Department and Kalispell Public Works Department.
10. That a ten foot right of way reservation for future acquisition for the upgrade of
Whitefish Stage Road shall be indicated on the face of the final plat.
11. The following requirements shall be met per the Kalispell .Fire Department:
Kalispell Subdivision Regulations, Section 3.20).
1. 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.
2. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction.
3. Fire Department access shall be provided in accordance with International
Fire Code (2003) Chapter 5.
4. Secondary emergency vehicle access shall be provided in accordance with
International Fire Code (2003) Chapter 5 and Kalispell Subdivision
Regulations.
5. It should be noted that hazardous weed abatement shall be provided in
accordance with City of Kalispell Ordinance 10-8.
6. Street naming shall be approved by the fire department.
12. 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).
13. That the parkland requirement of I I percent of the area in lots which is 2.13
acres and is equivalent to 0.2343 of an acre shall be met through cash in lieu of
parkland. The cash in lieu of parkland shall be based on $45,000 per acre and is
equivalent to $10,544. (Kalispell Subdivision Regulations, Section 3.19).
14. The private internal roadway 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. (Kalispell Subdivision Regulations, Section 3.09).
15. That a note be placed on the face of the final plat that waives protest to the
creation of any special improvement districts for the upgrade of roads in the area
to City standards which may be impacted by this development.
8
16. The developer shall provide a letter from the U.S. Postal Service approving the
plan for mail service. (Kalispell Subdivision Regulations, Section. 3.22).
17. Street lighting shall be located within the subdivision and shall be shielded so
that it does not intrude unnecessarily onto adjoining properties. (Kalispell
Subdivision Regulations Section 3.09(L)).
18. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17).
19. That a minimum of two-thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal.
20. All areas disturbed during development of the subdivision shall be re -vegetated
with a weed -free mix immediately after development.
21. 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.
22. That preliminary plat approval for the first phase of the planned unit
development shall be valid for a period of three years from the date of approval,
(Kalispell Subdivision Regulations, Section 2.04).
01
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION
KALISPELL X WHITEFISH COLUMBIA FALLS
FEE SCHEDULE: FEE ATTACHED Yes
Major Subdivision (6 or more lots) $750 + $40/lot
Mobile Horde Parks & Campgrounds (6 or more spaces) $750 + $40/space
Amended Preliminary Plat $250
Subdivision Variance $100 (per variance)
Commercial and Industrial Subdivision Add $200 to base
preliminary plat fee
SUBDIVISION NAME: Granary Ridge Townhomes
OWNER(S) OF RECORD:
Name Valley Venture L.L.C. Phone 406-756-7373
Mailing Address 8-1st Street East, Suite #204, First and Main Building
City Kalispell State Montana Zip 59901
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
Name & Address: Sitescape Associates, Box 1417, Columbia Falls, MT 59912
Name & Address: 48 North Civil Engineering, 544 Central AV., Whitefish, 59937
Name & Address: Sands Surveying, Kalispell. MT
LEGAL DESCRIPTION OF PROPERTY:
Property Address 1365 and 1369 Whitefish Stage Road, Kalispell, MT
Assessor's Tract No(s) 5C Lot No(s)Lots 3&4, Subdivision 150, Flathead Co.
SW 1/4 Sec Section 32 Township 29N Range 21 W
GENERAL DESCRIPTION OF SUBDIVISION:
Number of Lots or Rental Spaces 16 Total Acreage in Subdivision 2.535 Acres
Total Acreage in Lots 2.13AC. Minimum Size of Lots or Spaces 4775.1 SF
Total Acreage in Streets or Roads .327 AC. Maximum Size of tots or Spaces 6454.9 SF
Total Acreage in Parks, Open Spaces and/or Common Areas .078 Acres
1
PROPOSER USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family Townhouse X Mobile Home Park
Duplex 8(16 Units) Apartment Recreational Vehicle Park
Commercial Industrial Planned. unit Development
Condominium Multi -Family Other _
APPLICABLE ZONING DESIGNATION & DISTRICT
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS
IMPROVEMENTS TO BE PROVIDED:
Roads: Gravel Paved X Curb X Gutter X Sidewalks Alleys Other —
Water System: Individual Multiple User Neighborhood Public X Other
Sewer System: Individual Multiple User Neighborhood Public X Other
Other Utilities: Cable TV X Telephone X Electric X Gas X Other
Solid Waste: Horne Pick Up Central Storage Contract Hauler X Owner Haul
Mail Delivery: Central X Individual School District: 6
Fire Protection: Hydrants X Tanker Recharge Fire District:
Drainage System: On Site
PROPOSED EROSION/ SEDIMENTATION CONTROL:
See PUD Background Information
X
VARIANCES: ARE ANY VARIANCES REQUESTED? NO (yes/ no) If yes,
please complete the information. below:
SECTION OF REGULATIONS CREATING HARDSHIP:
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE
WITH REGULATIONS
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE
REGULATIONS:
2
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW:
Will the granting of the variance be detrimental to the public health, safety or
general welfare or injurious to other adjoining properties?
2. Will the variance cause a substantial increase in public costs?
3. Will the variance affect, in any manner, the provisions of any adopted zoning
regulations, Master Plan or Growth Policy?
4. Are there special circumstances related to the physical characteristics of the site
(topography, shape, etc.) that create the hardship?
5. What other conditions are unique to this property that create the need for a
variance?
3
APPLICATION CONTENTS:
The subdivider shall submit a complete application addressing items below to the Tri-
City Planning Office at least thirty five (35) days for Kalispell, and 45 days for Whitefish
and Columbia Falls prior to the date of the Planning Board meeting at which it will be
heard_
. Preliminary plat application.
2. 20 copies of the preliminary plat.
3. One reproducible set of supplemental information. (See Appendix A of
Subdivision Regulations for the city where the subdivision is proposed.)
4. One reduced copy of the preliminary plat not to exceed 11" x 17' in size.
5. Application fee.
6. Adjoining Property Owners List (see example below and attached notice
from County Plat Room):
Assessor# Sec-Twn-Rng Lot/Tract No Property Owner & Mailing Address
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a cart of this ao-olication, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be untrue, I understand that any
approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Tri-City Planning staff to be present
on the property for routine monitoring and inspection during the approval and
development proce.
(Ap t) (Date)
As approved by the TCPB, Effective 03/ 15/04
4
EXHIBIT A - Granary Ridge Property Description
DESCRIPTION: PERIMETER DESCRIPTION FOR ANNEXATION & ZONING
PURPOSES
TRACTS OF LAND, SITUATED, LYING AND BEING IN THE WEST HALF OF
THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH,
RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
Commencing at the southwest corner of Section 32, Township 29 North, Range
21 West, P.M.,M., Flathead County, Montana; Thence along the west boundary
of said Section 32 N00003'11"E 1865.45 feet; Thence S89018'06"E 245.62 feet to
a found iron pin and the northwest corner of the Plat of Subdivision No. 150
(records of Flathead County, Montana) which is on the easterly R/W of a 60 foot
deeded county road known as Whitefish Stage Road; Thence along the westerly
boundary of said plat and along the easterly R/W of said road S00°41'44"W
254.30 feet to a found iron pin and the northwest corner of Lot 3 of said
Subdivision No. 150 and THE TRUE POINT OF BEGINNING OF THE TRACT
OF LAND HEREIN DESCRIBED: Thence along the north boundary of said Lot 3
S89039' 11 "E 235.08 feet; Thence S0Q°33' 14"E 459.80 feet; Thence
S89059'45' W 243.61 feet to said easterly R/W; Thence along said R/W
N0001639"E 206.71 feet; Thence N00141'44"E 254.53 feet to the point of
beginning and containing 2.535 ACRES; Subject to and together with all
appurtenant easements of record.
MECEIVED
APR 0 2095
i-CITY PLANNING OFFICE April 5, 2005
Tri-City Planning Office
17 Second St E. Suite 111
Kalispell, Mt 59901
Dear Planning Board Members.
We are the immediate porperty owners to the north of the proposed
Granary Ridge project on Whitefish Stage Kd.
We request that you as a board reject the proposed pro act. This is
a high density design that is not compatiable to Lie existing area.
The existing homes consists of single family dwellings. This is too
high of density for thiS area and we ask you to not reco-m er.d the plan.
If this project should be approved we ask that you consider our
concerns.
1. We ask that you require the builder or developer to add a landscape
burst, equilivant to the size of burm at the Glacier Commons development,
accxoss the front of the property as well as down the North side of
proJecL %VJUUn Is auJa.ce11L Lv our properLV ILIA-- Lks uie eXS-U3L-.1110U5es
are sire family, this burro would at least help make a transition
to hig r density and help maintain our property values.
2. in addition to bum in front we ask for a side walk be put in
so safe passage of our children can be obtained.
3. We ask for a stop light be added to the nervy created intersection
which will be right accross the street from Bryer Way. As Whitefish
stage is a busy roadway it would make our access impossible to compete
with Bryer Way as well as cars coming out of Granary Ridge Development.
t
4. We have liveda.n area for 2-�'T years and i have asked for a safe
crossing crossing for our children. I hav asked for a crosswalk
accesible to our house,and with a stopligh a safe crossing will be
created.
6. We request that somehow you request or require the post office to
place our mail boxes on our side of the street. Again I have talked to
the post office several times during the last 2' years, and have gotten
no where. A couple weeks ago I was told the routes were being revaluated
and then maybe this could happen. The increased traffis and congestion
of people exiting from Bryer Way and the new street will make
it difficult to safely get our mail.
7. We also request that the builder have a homeowner association or
coveanants to help maintain the property and to maintain our
property values.
We are not the only homeowner concerned about this project. But do
the your rule of only ha4S g to notify homeowners within 150 feet I am
one of the very few that notified of this project. However in talking
with my neighbors in the Buffalo Hills and my neighbors to the north
they are all concerned about the density and increased traffic.
They also feel that the plan is not compatiable to our existing
neighborhood.
I will be present at the planning meeting on and will gladly answer
any questions I can. Again we ask that you give an unfavorable
recommendation to the Kalispell City Council.
Sincerely,
Charles T for a Susan F. Storfa
R-u-qf.---'EIVED
JANET KONECKY
April 5, 2005
To Whom It May Concern,
APR 0 ? 2005
............. ........................ -............. .......................
I would like to voice my concern over the Grainery Development that is currently being purposed for
Whitefish Stage.
My first concern is that this is a large change from the current single dwelling building that surrounds the
area.. Most of the homes in the area are single dwelling and adding a multi dwelling unit will bring a very
large density impact to the immediate area. It will bring a large impact to Bruyer Way and the residents
that live on Brayer Way with increased access problems due to traffic. l have some major concerns with
the lack of a pedestrian crossing at this location for access to the Edgerton School.
Please take some time to review the overall impact that would take place it this multi unit dwelling would
.have on the surrounding area. I think that if this development is allowed to happen there should be some
extra measures taken to lessen the impact to the surrounding area and residents.
Sincerely,
3 Lip.. G
Janet Konecky
Page 1 of 1
RECEIVED
Michelle Anderson
From: johnholly jrhh@centurytel.net] AP `" 200
Sent: Wednesday, April 06, 2005 1:14 PM TRI-CITY PLANNING OFFICE
To: tricitymichelle@centurytel.net
Subject: Granary Ridge Townhomes Gommment
Dear Planning Board,
4/6/05
My wife and I are writing about the Granary Ridge Town -home project proposed for
Whitefish Stage Rd. We are opposed to the density of the proposal, which is much higher
than the surrounding single family home area and will have a substantially negative impact
on our property's value. There are only single family homes on the bluff side of the road.
The traffic in and out of the development is going to be a major negative factor on an
already severely congested road. A stoplight as well as a lower speed limit should be
enforced. Safety of the children going back and forth to school is an issue as there is no
cross walk at this time. We also have a concern for the load of ,such a project on the unstable
bluff. Just below and east of this property the bluff is eroding considerably and any added
weight or water runoff will make it worse. Please deny this proposal and allow only single
family development on this side of the road.
Thank you,
John Rodwick
Holly Hand
1465 Whitefish Stage Rd
Kalispell, MT 59901
257-5034
4/6/2005
ARTICLES OF INCORPORATION
OF
GRANARY RIDGE TOWNHOUSES HOMEOWNERS' ASSOCIATION, ITC.
Pursuant to Section 35-2-202, MCA, of the Montana Non -Profit Corporation Act, the
undersigned corporation hereby adopts, in the manner prescribed by statute, the following
Articles of Incorporation.
ARTICLE I
The name of the corporation is "GRANARY RIDGE TOWNHOUSES
HOMEOWNERS' ASSOCIATION, INC."
ARTICLE It
The corporation shall have perpetual existence unless otherwise dissolved by consent or
by operation of law.
ARTICLE III
The purpose for which the corporation is organized is to operate a homeowners'
association for the Granary Ridge Townhouses in Flathead County, Montana, and for related
purposes. This corporation is and shall be a non-profit corporation., located in Flathead County,
Montana. This corporation is a mutual benefit corporation. The corporation shall have such
powers as may be necessary to carry out its above -stated purpose in addition to those permitted
and provided by law.
ARTICLE IV
This corporation shall not have or issue any shares of stock. No dividends shall be paid
and no part of the income or profit of this corporation shall be distributed to its members,
directors or officers, except that the corporation shall be authorized and empowered to pay
reasonable compensation for services rendered and to make payments and distributions in
furtherance of the purposes of the corporation. No substantial part of the activities of the
corporation shall be the carrying on of propaganda or otherwise attempting to influence
legislation. The corporation shall not participate in or intervene in any political campaign on
behalf of any candidate for public office.
ARTICLE V
Upon dissolution of the corporation, the Board of Directors shall pay or make provision
for the payment of all the liabilities of the corporation and shall thereafter dispose of all of the
assets of the corporation exclusively in accordance with the purposes of the corporation. Any
such assets not so disposed of shall be disposed of by the district court of the county in which the
principal office of the corporation is located for such purposes or related purposes or to such
organization or organizations as the Court shall determine.
ARTICLE VI
The members of this corporation and the management of its affairs shall be vested in a
Board of Directors as prescribed in the Declaration of Covenants, Conditions, Restrictions and
Bylaws for Granary Ridge Townhouses.
ARTICLE VII
The members of the corporation shall be the Owners of the Lots which are presently or
which may in the future be part of the Granary Ridge Townhouses as provided in the Declaration
of Covenants, Conditions, Restrictions and Bylaws for the Granary Ridge Townhouses to be
recorded in the office of the Clerk and Recorder of Flathead County, Montana, as amended from
time to time (the "Declaration"). Capitalized terms used in these Articles of Incorporation shall
have the same meaning in the Declaration.
ARTICLE VIII
The address of the initial registered office of the corporation is l't & Main, l"
Street East, Suite 204, Kalispell, Montana 59901, and the name of its initial registered agent at
such address is Thomas S. Klein.
ARTICLE IX
The name and address of the incorporator of this corporation is as follows:
Paul D. Wachholz 1205 South Main
Kalispell, MT 59901
7
DATED this day of , 2005.-
4�1.
Paul D. Wachholz, Incorporator
The undersigned hereby accepts the appointment as registered agent of granary Ridge
Townhouses Homeowners' Association, Inc., a Montana non-profit corporation.
DATED this
STATE OF MONTANA
County of Flathead
day of September, 2004.
}
:ss
}
Thomas S. Klein, Registered Agent
This instrument was acknowledged before me on this day of
ZOOS, by Paul D. Wachholz.
Notary Public for the State of Montana
Residing at , Montana
My commission expires:
STATE OF MONTANA )
:ss
County of Flathead )
This instrument was acknowledged before zee on this day of
2005, by Thomas S. Klein.
Notary Public for the State of Montana
Residing at , Montana
My commission expires:
3
STATE OF MONTANA )
i Sfi_
County of Flathead }
Recorded at the request of the Law Office of Vincent G. Rieger, P.C. this day of
, 2005, at _ o'clock M. and recorded in the records of Flathead County; State
of Montana.
Fee S Pd.
Reception No.
After recording please return to:
Vincent G. Rieger
Law Office of Vincent G. Rieger, P.C.
4 Meridian Court
Kalispell, MT 59901
Flathead County Clerk and Recorder
Deputy
4
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS,
EASEMENTS AND BYLAWS FOR
GRANARY RIDGE TOWNHOUSES
1. Declarant. Valley Venture, LLC, a Montana limited liability company, (the
"Declarant") is the owner of the real property situated in Flathead County, Montana, more
particularly described as follows (the "Real Property"):
ACC[IINSERT LEGAL DESCRIPTION]]11, according to the map or plat thereof and
on file and of record in the office of the Clerk and Recorder of Flathead County,
Montana.
2. Purpose. The purpose of the Declarant in making this Declaration is to create a
Townhouse development known as Granary Ridge Townhouses on the Real Property (the
"Project" or "Granary Ridge Townhouses").
The Declarant further intends to ensure the attractiveness of the Real Property, including
the Townhouses and other Improvements constructed on it; to prevent any future impairment of
the Real Property and to guard against the construction on the Real Property of Improvements of
improper or unsuitable materials or with improper quality or methods of construction; to protect
and enhance the value and amenities of the Project; to provide for the operation, administration,
use and maintenance of the Common Areas and Common Elements within the Real Property; to
preserve, protect and enhance the values and amenities of the Real Property; and to promote the
health, safety, and welfare of the owners of the Real Property.
3. Imposition of Covenants. To accomplish the purposes indicated above, the
Declarant hereby declares that from the date of recording this Declaration forward, the Real
Property will constitute a Townhouse community, and will be held, sold, and conveyed subject
to the following covenants, conditions, restrictions and easements (collectively, the
"Covenants"). The Covenants will run with the land and will be binding upon all persons or
entities having any right, title, or interest in all or any part of the Real Property (including
Declarant) and their heirs, successors, and assigns, and their tenants, employees, guests, and
invitees. These Covenants will inure to the benefit of each Owner of the Real Property.
4. Definitions. The following terms, as used in this Declaration, are defined as
follows:
a. "Architectural Review Committee" or "Committee" means the committee formed
pursuant to Section 18 to maintain the quality and architectural harmony of improvements in
Granary Ridge Townhouses.
b. "Articles" or "Articles oflncorporation " means the Articles of Tncorporation of
the Granary Ridge Townhouses Homeowners' Association, Inc., a Montana non-profit
corporation, which have been filed with the Montana Secretary of State, as such articles may be
amended from time to time.
C. "Assessments" means the annual and special assessments levied to meet the
estimated cash requirements of the Association.
d. "Assessment Account" means the bank account established in the name of the
Association into which all Assessments will be deposited and from which. all Common Expenses
will be paid.
e. ".Association " means the Granary Ridge Townhouses Homeowners' Association,
Inc., a Montana nonprofit corporation, and any successor of that entity by whatever name.
"Board" means the Board of Directors of the Association.
g. "Common Area " means all of the areas shown as private roadways, parking
spaces and common areas, depicted on the recorded plat or survey of Granary Ridge
Townhouses, records of Flathead County, Montana and any other property in which the
Association owns an interest for the common use, benefit and enjoyment of the Members.
h. "Common Elements" means those party walls, common exterior building
components and other Improvements which are reasonably intended to inure to the benefit of all
Owners.
i. "Common Expenses " means the expenses of the Association for the common
benefit of all of the Owners and for maintenance, repairs and upgrades to the Common Elements
and for administration and overhead of the Association.
"Declarant" means Valley Venture, LLC, a Montana limited liability company.
k. "Declaration" means this Declaration of Covenants, Conditions, Restrictions,
Easements and Bylaws.
1. "Improvement(s)" means all buildings, parking areas, loading areas, fences,
walls, hedges, plantings, lighting, poles, driveways, roads, gates, signs, changes in any, exterior
color or shape, excavation and all other site work, including, without limitation, grading, utility
improvements, removal of trees or plantings, and any new exterior construction or exterior
improvement which may not be included in the foregoing.
in. "Lot" means a parcel of real property designated as a lot on any plat of the Real
Property.
n. "Member - means any person or entity holding membership in the Association.
o " O7 vner " means the owner of record (including Declarant, and including the most
recent contract purchaser, but excluding all contract sellers), whether one or more persons or
entities, of fee simple title to any Townhouse or, if the Townhouse is subject to one or more
contracts for deed, the owner of the purchaser's interest in the most recent contract for deed, but
"Owner" does not mean or refer to any person or entity who holds such interest merely as
security for the performance of a debt or other obligation, including a mortgage or trust
indenture, unless and until such person or entity has acquired fee simple title pursuant to
foreclosure or other proceedings.
p. "Deal Property" means and includes the real property described above and subject
to this Declaration.
q. "Townhouse" means a Lot and the Improvements located thereon.
5. Voting. Voting shall be based on one vote per Townhouse. If there is more than
one Owner of a Townhouse, the Owners shall designate their representative by written notice to
the Board, signed by all of the Owners of the Townhouse. The total number of votes shall be
sixteen (16). If an Owner owns more than one Townhouse, such Owner shall be entitled to one
(1) vote for each Townhouse owned.
b. Membership. Every Owner, by virtue of being an Owner, and for so long as he
is an Owner, will be a Member of the Association. Membership will be appurtenant to and may
not be separated from ownership of any Townhouse. No Owner, whether one or more persons,
will have more than one membership per Townhouse owned, but all of the persons owning each
Townhouse will be entitled to rights of membership and of use and enjoyment appurtenant to
such ownership. For purposes of voting, the Declarant shall have one vote for each Townhouse
owned by the Declarant.
7, Meetings. There shall be an annual meeting of the Owners at such place and time
as is designated in writing by the Board. Unless notified otherwise by the Board, the meeting
shall be held on the second Tuesday of October of each year. Notice of the meeting shall be
delivered to the Owners not less than thirty (30) days nor more than fifty (50) days prior to the
date fixed for said meeting. A special meeting of the Owners may be called at any reasonable
time and place by written notice signed by a majority of the Board or by the Owners possessing
five (5) votes and delivered to all Owners not less than twenty (20) nor more than forty (40) days
prior to the date fixed for said meeting. The presence of the Owners having a majority of the
total votes at any meeting shall constitute a quorum. Unless otherwise expressly provided
herein, any action may be taken at any meeting of the Owners upon the affirmative vote of the
Owners having a majority of the total votes present at such meeting.
S. Election of Board of Directors and Officers. At each annual meeting of the
Owners, the Owners shall elect the Board for the forthcoming year, consisting of three (3)
Directors who shall serve without compensation. Two (2) members of the Board shall constitute
a quorum. Except for the initial Board, in order to be eligible to be elected as a Director, a
person must be an Owner. At any time any director ceases to be an Owner, his membership on
the Board shall thereupon terminate. The intended term of office of the Directors shall be for
one (1) year for the first .Director elected, two (2) years for the second Director elected and three
(3) years for the third Director elected, and the term of office shall hereafter be for three (3)
years. Any Director may be re-elected to serve for an additional term or terms. Vacancies on the
Board may be filled by the remaining members thereof provided there are at least two (2)
remaining members. If there are less than two (2) remaining members, vacancies must be filled
3 _
by the Owners in a meeting called for that purpose. Any member of the Board may be removed
and a successor elected for the un-expired portion of his term by a majority of the Owners
present at a special meeting called for such purpose. The Board shall act by a majority vote of
those present at its meeting where a quorum exists. Meetings may be held and conducted in
accordance with such regulations as the Board may adopt. The Board shall elect a President
from among its members who shall preside over both its meetings and those of the Owners. The
Board shall also elect a Secretary and a Treasurer at each annual Board meeting, which meeting
shall be held immediately following the annual meeting of Owners without any additional notice.
The Board may also act without a meeting by unanimous written consent of its members.
The initial Board of Directors shall consist of the following three individuals:
Paul D. Wachholz Robert I Nadvornick Thomas Klein
1205 South Main 1205 South Main 1 st & Main, No S
Kalispell, MT 59901 Kalispell, MT 59901 1" Street East, Suite 204
Kalispell, MT 59901
9. Authority of the Board of Directors. The Board shall have the authority to
make Assessments and to pay out of the Assessment Account the followincr expenses which are
defined as "Common Expenses":
a_ Exterior painting, exterior maintenance, landscape maintenance, and exterior
repair of the Common Elements as the Board shall determine necessary and proper. The Board
shall have the exclusive right and duty to arrange for such painting, exterior maintenance,
landscape maintenance and repairs of the Common Elements.
b. A policy or policies insuring the Association, the Board and the Owners against
any liability to the public or to the Owners of the Townhouses and of the Common Areas and
Common Elements, and their invitees, or tenants, incident to the ownership and/or use of the
Common Areas, Common Elements and the Townhouses. The limits of the liability insurance
shall be not less than $1,000,000 for any one occurrence; $3,000,000 aggregate coverage; and
$500,000 for property damage (such limits to be reviewed at least annually by the Board and
modified in its discretion).
c. Legal and accounting services necessary or proper for the operation of the
Association or enforcement of this Declaration.
e. Any other materials, supplies, labor, services, maintenance, repairs, structural
alterations, capital additions, capital improvements, insurance, taxes or assessments which the
Board is required to secure or pay pursuant to the terms of this Declaration or by law or which in
its opinion shall be necessary or proper for the operation of the Association, the Townhouses, the
Common Areas, or the Common Elements. The Board shall also pay any amount necessary to
discharge any lien or encumbrance levied against the Real Property or any part thereof which
may, in the opinion of the Board, constitute a lien against the Common Areas or Common
Elements rather than merely against the interests therein of particular Owners. Where one or
more Owners are responsible for the existence of such a lien, they shall be jointly and severally
4
liable for the cost of discharging it and any costs incurred by the Board by reason of said lien or
liens shall be specially Assessed to said Owners.
f. The maintenance and repair of any Townhouse or Improvement thereon, or of the
Common Area or the Common Elements, if such maintenance or repair is reasoned necessary in
the discretion of the Board to protect the Common Area or Common Elements or preserve the
appearance and value of the Townhouses, and the Owner of said Townhouses has failed or
refused to perform said maintenance or repair within such time as determined by the Board after
written notice of the necessity of said maintenance or repair delivered by the Board to said
Owner; provided, however, that the Board shall levy a special Assessment against such
Townhouse for the cost of said maintenance or repair, since such maintenance and repair is the
primary responsibility of the Owner.
10. Common Expenses, Assessments.
a. At least fifteen (15) days prior to the annual meeting of the Owners, the Board
shall estimate the amount of the Common Expenses to be paid during such year (including a
reasonable provision for contingencies and less any surplus from the prior year's fund). If said
sum estimated proves inadequate for any reason, including non-payment of any Owner's
Assessment, the Board may at any time levy a special Assessment to make up the shortfall. Each
Owner shall be obligated to pay Assessments to the Association in annual installments on or
before the first day of the month following the month of the Assessment, or in such other manner
as the Board may designate, and any unpaid Assessments shall bear interest at the maximum rate
allowed under Montana law until paid.
b. When the Board appointed hereunder takes office, it shall determine the estimated
Common. Expenses for the period commencing on the day the first Owner takes possession of his
Townhouse through December 31, 2006. Assessments for such estimated Common Expenses
may be levied against the Owners and if levied, shall be payable within fifteen (15) days after
such levy.
C. Each Owner will be responsible for that Owner's share of the Common Expenses,
which will be divided equally among the Townhouses included in the Project under this
Declaration from time to time. Accordingly, at any given time, an Owner's share of Common
Expenses will be determined as a fraction, the numerator of which is the number of Townhouses
owned by the Owner, and the denominator of which is the number of Townhouses platted and
incorporated into the Project.
d. The omission by the Board, before the expiration of any year, to fix the
Assessments hereunder for that or the next year, shall not be deemed a waiver or modification in
any respect of the provisions of this Declaration, or a release of the Owner from the obligation to
pay the Assessment or any portion thereof for that or any subsequent year, but the Assessment
fixed for preceding years shall continue until a new Assessment is fixed.
e. No Owner may exempt himself from liability or escape liability for the
Assessment provided for herein by waiver of the use or enjoyment of any of the Common
EIements or by abandonment of his or her Townhouse.
11. General Remedies of Association for Nan avment of Assessment. Any
installment of an Assessment which is not paid within 30 days after its due date will be
delinquent, In the event that an installment of an Assessment becomes delinquent, the
Association, in its sole discretion, may take any or all of the following actions:
a. Assess a late charge for each delinquency at uniform rates set by the Board from
time to time;
b. Charge interest from the date of delinquency at the maximum rate permitted under
Montana law;
C. Suspend the voting rights of the Owner during any period of delinquency;
d. Accelerate all remaining Assessment installments for the fiscal year in question so
that unpaid Assessments for the remainder of the fiscal year will be due and payable at once;
e. Bring an action at law against any Owner personally obligated to pay the
delinquent Assessment charges;
f File a statement of lien with respect of the Townhouse and foreclose as set forth
in more detail below.
The remedies provided under this Declaration will not be exclusive, and the Association
may enforce any other remedies to collect delinquent Assessments as may be provided by law.
12. Assessment Lien. Any Assessment chargeable to a Townhouse will constitute a
lien on the Townhouse, effective the due date of the Assessment. To evidence the lien, the
Association may, but will not be obligated to, prepare a written lien statement with respect to the
Townhouse, setting forth the name of the Owner, the legal description of the Townhouse, the
name of the Association, and the delinquent Assessment amounts then owing. Any such
statement will be duly signed and acknowledged by a Director of the Association and will be
served upon the Owner of the Townhouse by certified mail, return receipt requested, to the
address of the Townhouse or at such other address as the Association may have in its records for
the Owner. At least ten (10) days after the Association mails the statement to the Owner, the
Association may record the lien statement in the office of the Clerk and .recorder of Flathead
County, Montana. Thirty (30) days following the mailing of such notice to the Owner, the
Association may proceed to foreclose the lien in the same manner as provided for the foreclosure
of mortgages under the statues of the State of Montana.
13. Exclusive Ownership and Possession by Owner. Each Owner shall be entitled
to exclusive ownership and possession of his Lot and Improvements thereon. Each Owner small
be entitled to an undivided interest in the Common Areas and Common Elements as set forth on
6
the plat on file and of record in the offices of the Flathead County Clerk and Recorder. The
percentage of the undivided interest of each Owner in the Common Elements shall have a
permanent character and shall not be altered. The percentage of the undivided interest in the
Common Elements shall be deemed to be conveyed, encumbered or released from liens with the
Lot and Improvements thereon even though such interest is not expressly mentioned or described
in the conveyance or other instrument. Each Owner may use the Common Elements in
accordance with the purpose for which it is intended without hindering or encroaching upon the
lawful rights of the other Owners.
14. Taxes and Assessments. Each Owner shall execute such instruments and take
such action as may reasonably be specified by the Board and required by law to obtain the
separate tax assessment of each Townhouse. If any taxes and/or assessments may, in the opinion
of the Board, nevertheless, be a lien on any part of the Common Areas or Common Elements,
they shall be paid by the Board and shall be assessed by the Board to the Owners. Each Owner
shall be obligated to pay an Assessment by the Board for his pro rata share of any taxes or
assessments assessed against the entire property of the Association, such payment to be made to
the Board at least fifteen (15) days prior to delinquency of such tax or assessment. All such
taxes and assessments shall be secured by the lien described in paragraphs 11 and 12, if such a
lien is required.
15. Owners' Obligation to Repair and Maintain. Each Owner shall, at the
Owner's expense, keep the interior of his Townhouse and the Improvements thereon in good
order, condition and repair and in a clean and sanitary condition and shall undertake all
maintenance and repairs and other actions which may at any time be necessary to maintain the
good appearance and condition of said Owner's Townhouse and Improvements thereon. Owners
shall be responsible for the maintenance, repair or replacement of any plumbing fixtures, water
heaters, furnaces, lighting fixtures, refrigerators, air conditioning equipment, or other fixtures,
and equipment that may be in or connected with same. Owners shall also, at the Owner's
expense, keep the driveway and parking areas which are appurtenant to their Lot in an orderly,
clean, sanitary condition.
16. Prohibition Against Structural or Cosmetic Changes by Owner. Owners shall
not, without first obtaining written consent of the Architectural Review Committee, make or
permit to be made any structural alteration, improvement or addition in or to his Townhouse or
to the Common Area or Common Elements of the Project. Owners shall do no act nor any work
that will impair the structural soundness or integrity of the Improvements or safety of the
Townhouse without the written consent of the Architectural Review Committee. Owners shall
not paint or decorate any portion of the exterior of the Townhouses or Common Elements
without first obtaining written consent of the Architectural Review Committee.
17, Use Restrictions. The Townhouses and the Real Property will be used only for
the purposes set forth in this Declaration and as permitted by the applicable regulations of the
City of Kalispell, Montana and the laws of the State of Montana and the United States.
7
a. Each Townhouse shall be occupied or used only as a private residence for the
Owner and the Owner's family or the Owner's lessees, invitees or guests. No Townhouse shall
be occupied other than as a single-family residence.
b. There shall be no obstruction of the Common Areas or Common Elements and
nothing shall be stored in the Common Areas or Common Elements without prior written
consent of the Board.
C. Nothing shall be done or kept in any Townhouse or on any Lot andor in or on the
Common Areas or Common Elements which will increase the rate of insurance on any of the
Real Property, without the prior written consent of the Board. No Owner shall permit anything
to be done in his Townhouse or on his Lot or in or on the Common Areas or Common Elements
which will result in the cancellation of insurance on any of the Real Property or which would be
in violation of any law.
d. Other than signs advertising Townhouses for sale or rent, or signs of a type and
size approved by the Board displayed to identify the address of a Townhouse, no sign, billboard
or advertising structure of any kind shall be erected or maintained on any Lot.
e. Television, radio, satellite dishes, or other antennae are permitted, but the
location, height, and size of such antennae must be approved by the Architectural Review
Committee.
f. No trash, debris or organic waste shall be permitted to accumulate on any Lot or
in any roadway adjacent thereto, and shall be promptly disposed of. Trash and refuse cans and
receptacles shall be maintained and stored by the Owners inside the private garages.
g. No fence shall be constructed within twelve feet (I2') of the Eastern property line
of the Real Property. All other fencing shall be reviewed and approved in writing by the
Architectural Review Committee prior to installation.
h. No Owner shall install a wood burning stove, pellet burning stove or wood
burning fireplace in his Townhouse.
i. No unlicensed, unsightly or inoperative motor vehicles or equipment, bodies or
parts thereof shall at any time be allowed to remain in public view or the view of the other
Owners on any Lot or along the private roadway area or the City of Kalispell streets adjacent to
the Real Property.
j. No poultry or other birds (except pet birds kept inside a residence), hogs, or other
livestock or animals shall be kept or raised on any Lot. No commercial breeding of animals shall
occur on any Lot. However, dogs, cats or other ordinary household pets may be kept in each
Townhouse. All pets are to be leashed, fenced or otherwise confined to the Owner's Lot and not
allowed to roam. No Owner shall have or keep any dog or other animal which barks or whines
on a regular or continuous basis, or which otherwise creates an ongoing disturbance for any other
Owner. The Board may at any time limit the number of ordinary household pets on any Lot, and
may withdraw permission for any ordinary household pet from any Owner who violates or
[1LJl.€scs LII r4J LII LI%JII0 Jtrl 1S1F i13111 L1110 F"IUr',1CF11.
k. No noxious or offensive activity shall be carried on in any Townhouse or on any
Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to
the other Owners.
1. There shall be no violation of the rules and regulations which shall be established
from time to time by the Board. The Board shall provide a written copy of the rules and
regulations to the Owners.
M. Nothing shall be done to any Townhouse or the Improvements thereon, or in, on
or to the Common Areas or Common Elements which will impair the structural integrity of the
Improvements or which would structurally change the Improvements.
n. Recreational vehicles, boats or other personal property of a recreational nature
shall not be stored or kept outside or on the private driveways or in the off street parking spaces.
Visitors in recreational vehicles shall be limited to a stay of one week.
18. Architectural Review Committee. There is hereby established an Architectural
Review Committee, which will be responsible for the review and approval of all proposed
Improvements on the hots.
a. Committee Membership. The Committee will be composed of three (3) persons.
A H of the. mPmhe.rs of the Committee. will lea annointed removed. ;end renlar.e.ri by the Rnard.
b. ,Purpose and General Authority. No Improvement will be erected, placed,
reconstructed, replaced, repaired or otherwise altered, nor will any construction, repair or
reconstruction be commenced until plans for the Improvements have been approved by the
Committee; provided, however, that Improvements that are completely within a Townhouse and
are non-structural may be undertaken without such approval. The Owner shall submit a site plan
and elevations showing the design, location, material, color and exterior finish of proposed
Improvements to the Committee. All Improvements will be constructed only in accordance with
approved plans.
c. Committee Discretion. The Committee will exercise its best judgment to see that
all Improvements conform and harmonize with the existing structures as to external design,
quality and type of construction, materials, color, location on the Lot, height, grade and finished
ground elevation, and the schemes and aesthetic considerations established by the Board and the
Committee. The Committee, in its sole discretion, may excuse compliance with such
requirements as are not necessary or appropriate in specific situations and may permit
compliance with different or alternative requirements.
d. Binding Effect. The actions of the Committee in the exercise of its discretion by
its approval or disapproval of plans and other information submitted to it, or with respect to any
other matter before it, will be conclusive and binding on all interested parties.
Organization and Operation of Committee.
l . Term. The term of office of each member of the Committee will be one
year, commencing January 1 of each year, and continuing until his successor shall have been
appointed. Should a Committee member die, retire or become incapacitated, or in the event of a
temporary absence of a member, a successor may be appointed by the other members of the
Committee.
2. Chairman. The chairman will be elected annually from among the
members of the Committee by a majority vote of the members. In the absence of a chairman, the
party responsible for appointing or electing the chairman may appoint or elect a successor, or if
the absence is temporary, an interim chairman.
3. Notice. The Committee chairman will take charge of and conduct all
meetings and will provide for reasonable notice to each member of the Committee prior to any
meeting. The notice will set forth the time and place of the meeting, and notice may be waived
by any member.
4. Quorum and Voting. Two (2) members of the Committee shall constitute
a quorum. The affirmative vote of a majority of the members of the Committee will govern its
actions and be the act of the Committee.
5. Other Requirements. Compliance with the architectural review process is
not a substitute for compliance with flathead County building, zoning and subdivision
regulations, and each Owner is responsible for obtaining all approvals, licenses, and permits as
may be required prior to commencing construction.
6. Enforcement.
i. Inspection. Any member or authorized consultant of the
Architectural Review Committee, or any authorized officer, Director, employee or agent
of the Association may enter upon any Lot at any reasonable time after notice to the
Owner, without being deemed guilty of trespass, in order to inspect Improvements
constructed or under construction on the Lot to determine whether the Improvements
have been or are being built in compliance with the plans and specifications approved by
the Architectural Review Committee.
ii. Deemed ,Nuisances. Every violation of a determination of the
Architectural Review Committee is hereby declared to be and to constitute a nuisance,
and every public or private remedy allowed for such violation by law or equity against
Member will be applicable. Without limiting the generality of the foregoing, this
Declaration may be enforced as provided below.
(a) Fines for Violations. The Committee may adopt a schedule
of fines for failure to abide by the Committee determinations, including
fines for failure to obtain any required approval from the Committee.
10
(b) Removal of Nonconforming Improvements, The
Association may, upon request of the Committee and after reasonable time
after notice to the Owner, without being deemed guilty of trespass, remove
any Improvement constructed, reconstructed, refinished, altered, or
maintained in violation of this Declaration. The Owner of the
Improvement will immediately reimburse the Association for all expenses
incurred in connection with such removal. If the Owner fails to reimburse
the Association within 30 days after the Association gives the Owner
notice of the expenses, the sum owed to the Association will bear interest
at the maximum rate permitted under Montana law from the date the
expense was incurred by the Association through the date of
reimbursement in full.
18. Entry for Reuairs. The Board or its agents may enter any Lot or open any
Townhouse and the Improvements thereon when necessary in connection with any inspection,
renairs or maintenance for which the Board is responsible. Such entry shall be made with as
little inconvenience to the occupants as practicable, and any damage caused thereby shall be
made with as little inconvenience to the occupants as practicable, and any damage caused
thereby shall be repaired by the Board, at the expense of the Association.
19. Indemnification of Board of Directors. Each member of the Board shall be
indemnified by the Owners against all expenses and liabilities, including attorneys' fees,
reasonably incurred by or imposed upon him in connection with any proceeding to which Board
member may be a party, or in which he may become involved, by reason of his being or having
been a member of the Board, or any settlement thereof, whether or not he is a member of the
Board at the time such expenses are incurred, except in such cases wherein the member of the
Board is adjudged guilty of willful misfeasance or malfeasance in the performance of his duty.
20. Rules and Re ulations. The Board may from time to time establish and amend
such rules and regulations as is deemed necessary for the management and control of the
Townhouses, Lots and Improvements thereon and the Common Areas and the Common
Elements, as not otherwise provided herein and the Owners agree that the Owner's rights under
this instrument shall be in all respects subject to rules and regulations, which rules and
regulations as promulgated and amended from time to time shall be considered as part of these
Covenants; and the Owner agrees to obey all such rules and regulations as the same are or may
from time to time be amended and see that the same are faithfully observed by the family, guest,
employees, tenants or anyone occupying same under his right and interest. Such rules and
regulations shall uniformly apply to and be binding upon all Owners and occupants.
21. Notices. Any notice permitted or required to be delivered as provided herein may
be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have
been delivered twenty-four (24) hours after a copy of same has been deposited in the United
States mail, postage prepaid, addressed to each such Owner, Director or Officer at the address
given by such person to the Secretary of the Association for the purpose of service of such
notice. Such address may be changed from time to time by notice in writing to the Board.
11
States mail, postage prepaid, addressed to each such Owner, Director or Officer at the address
given by such person to the Secretary of the Association for the purpose of service of such
notice. Such address may be changed from time to time by notice in writing to the Board.
22. Enforcement.
a. Violations Deemed a Nuisance. Every violation of this Declaration is deemed to
be a nuisance and is subject to all the remedies provided for the abatement of the violation. In
addition, all public and private remedies allowed at law or equity against anyone in violation of
these Covenants will be available.
b. Compliance. Each Owner or other occupant of any part of the Real Property will
comply with the provisions of this Declaration and the Association's rules and regulations.
C. Failure to Comply. Failure to comply with the terms of this Declaration or the
rules and regulations will be grounds for an action to recover damages or for injunctive relief to
cause any such violation to be remedied, or both. Reasonable notice will be given to the
delinquent party prior to commencing any legal proceedings.
d. Who may Enforce. Any action to enforce these Covenants or the rules and
regulations may be brought by the Board in the name of the Association on behalf of the Owners.
If, after a written request from an aggrieved Owner, none of the foregoing persons or entities
commences an enforcement action, then the aggrieved Owner may bring such an action.
Nonexclusive Remedies. All the remedies set forth herein are cumulative and not
exclusive.
f. No Waiver. The failure of the Board or any aggrieved Owner to enforce these
Covenants or the rules and regulations in any one or more instances will not be deemed a waiver
of the right to do so for any subsequent violations or of the right to enforce the same at any future
time.
g. No Liability. No member of the Board, the Declarant or any Owner will be
liable to any other Owner for the failure to enforce these Covenants or the rules and regulations.
h. Recovery of Costs. If legal assistance is obtained to enforce any of the provisions
of this Declaration or the rules and regulations, or in any legal proceeding (whether or not suit is
brought) for damages or for the enforcement or the restraint of violations, the prevailing party
will be entitled to recover all costs incurred by it in such action, including reasonable attorneys'
fees (and legal assistant's fees) as may be incurred, or if suit is brought, as may be determined by
the court.
23. Private Roadway.
a. Use of Private Roadway Area. Any private roadway area designated on any
recorded plat or survey of the Real Property is designated by this Declaration for the common
12
b. Association's Responsibility for Private Roadway Area. The Association shall be
responsible for the management, maintenance and control of the private roadway area, except
private driveways located on the Real Property, which shall be the responsibility of the Owners
of the Lot. Such maintenance will include repair and replacement of such private roads, as well
as periodic maintenance of the surface and regular snow, ice, and trash removal from the private
roadway area. All Owners shall pay to the Association such amounts for road maintenance and
repairs, including a reserve for replacement, as may be set from time to time by the Association.
C. Association's Agreements Regarding Private Roadway Area. The Association,
acting through the Board of Directors, may grant easements, rights -of -way, and licenses through
or over the private roadway area without the independent approval by the Owners. Without
limiting the generality of the foregoing, the Association may grant such rights to suppliers of
utilities or .property adjacent to the Real Property, and to developers or owners of property
adjacent to the Real Property for the purpose of accommodating minor encroachments onto the
private roadway area or other purposes that do not unreasonably interfere with the use and
enjoyment of the private roadway area by the Owners.
24. Easements.
a. Owner's Easements of Access and Enjoyment. Every Owner has a perpetual, non-
exclusive easement for ingress, egress and utilities to and from his Lot and for the use and
enjoyment of the private roadway area and all Common Areas, which easement is appurtenant to
and will pass with the title to every Lot.
b. Easements of Record and of Use. The Real Property will be subject to all
easements shown on any recorded plat or survey and to any other easements of record or of use
as of the date of recordation of this Declaration.
C. Utility Easements. There is hereby created an easement upon, across, over, in,
and under the private roadway area and the areas designated on the final plat or survey of the
Real Property as utility easements for the installation, replacement, repair and maintenance of all
utilities, including but not limited to water, sewer, gas, telephone, electrical, television and other
communications systems. By virtue of this easement, it will be expressly permissible and proper
for the companies providing utility services to install and maintain necessary equipment on and
under the private roadway area and the areas designated on the recorded plat or survey of the
Real Property as utility easements and to affix and maintain utility pipes, wires, circuits, conduits
and other equipment under those areas.
d. Reservation for Construction. Declarant hereby reserves for itself and its
successors and assigns and for the Association, a perpetual easement and right -of --way for access
over, upon, and across the Real Property for construction, utilities, drainage, irrigation, ingress
and egress, and for use of the private roadway area. The location of these easements and rights -
of -way may be made certain by Declarant or the Association by instruments recorded in Flathead
County, Montana.
13
e. Reservation of Easements, Exceptions, and Exclusions for Utilities,
r r v s Declarant
.._.. r. '.._ir i •._ _.
infrastructure, and l4ccess. Declarant reserves for itscit and As successors and assigns and
hereby grants to the Association, acting through the Board of Directors, the concurrent right to
establish from time to time, by declaration or otherwise, utility and other easements, permits, or
licenses over the private roadway area, for purposes including but not limited to streets, paths,
walkways, drainage, recreational areas and parking areas, and to create other reservations,
exceptions, and exclusions in the interest of the Owners and the Association.
f. Maintenance Easement. An easement is hereby reserved to Declarant for itself
and its successors and assigns and granted to the Association, and any member of the Board of
Directors, and their respective officers, agents, employees, and assigns, upon, across, over, in
and under the Real Property and a right to make such use of the Real Property as may be
necessary or appropriate to make emergency repairs or to perform the duties and functions which
the Association is obligated or permitted to perform.
g. Drainage Easement. An easement is hereby reserved to Declarant for itself and
its successors and assigns and granted to the Association, its officers, agents, employees,
successors and assigns to enter upon, across, over, in, and under any portion of the Real Property
for the purpose of changing, correcting, or otherwise modifying the grade or drainage channels
of the Real Property so as to improve the drainage of water. Reasonable efforts will be made to
use this easement so as not to disturb the uses of the Owners, the Association and Declarant, as
applicable, to the extent possible; to prosecute such drainage work promptly and expeditiously;
and to restore any areas affected by such work to a sightly and usable condition as soon as
reasonably possible following such work.
h. Common Irrigation System. Declarant hereby reserves for itself and its successors
and assigns and for the Association, a perpetual easement and right-of-way for access over,
upon, and across the Real Property for construction and maintenance of a common landscape
irrigation system.
i. Off Street Parking. Notwithstanding being located on a specific Lot, the off street
parking designated on the recorded plat or survey of the Real Property is hereby designated as
Common Area and shall be available for use by the Owners, their tenants, invitees and guests on
a first -come first -serve basis. Declarant hereby reserves for itself and its successors and assigns
and for the Association and for the Owners, a perpetual easement and right-of-way for access
and parking over and upon the off street parking spaces.
j. Water .System. Declarant hereby reserves for the property owners to the South of
the Real Property and their successors and assigns, a perpetual access easement and right-of-way
for water Iines over, upon., and across the Real Property for the maintenance and use of an
existing well, pump house, pump, water lines and other components of a water system serving
two residences located on the real property to the South of the Project. The size of the pump
house or the number of users utilizing the water system may not be increased without the written
consent of the Board.
14
k. Easements Deemed Created. All conveyances of Lots hereafter made, whether by
Deciarant or otherwise, will be consorted to grant and reserve the easements contained in this
Declaration, even though no specific reference to such easements or to this Article appears in the
instrument for such conveyance.
25. Books and Records. The Board shall maintain accurate and detailed books and
records of the Association. The Association will make available for inspection by Owners and
their Mortgagees, upon written request, during normal business hours, current copies of the
Association's books, records, and financial statements. At the annual meeting of the Owners, the
Board shall present a written statement of the Assessment Account, which itemizes receipts and
disbursements for the preceding fiscal year and the allocation thereof to each Owner.
26. Remedies Not Exclusive. All remedies provided for herein for the various
parties shall not be exclusive of any other remedies which these parties may have as provided for
by taw.
27. Severability. The provisions hereof shall be deemed independent and severable,
and the invalidity or partial invalidity or unenforceability of any one provision shall not affect
the validity or enforceability of any other provision hereof
2& Term. This Declaration and any amendments or supplements hereto will remain
in effect from the date of recordation until the 30`h anniversary of the date this Declaration is first
recorded in the office of the Clerk and Recorder of Flathead County, Montana. Thereafter these
Covenants will be automatically extended for five successive periods of 10 years each, unless
otherwise terminated or modified as provided below.
29. Amendment. This Declaration, or any provision of it, may be terminated,
extended, modified or amended, or revoked as to the whole or any portion of the Real Property
upon the written consent of Owners holding 75% or more of the votes in the Association. Any
document will be immediately effective upon recording in the records of Flathead County,
Montana, a copy of such executed and acknowledged by the necessary number of Owners, or
alternatively, upon the recording in the records of Flathead County, Montana, of a copy of the
document together with a certificate signed by an officer of the Association stating that the
required number of consents of Owners were obtained.
15
IN WITNESS WHEREOF, Declarant has signed this Declaration on the date shown
above.
STATE OF MONTANA
County of Flathead
:ss
}
VALLEY VENTURE, LLC
Paul D. Wachholz, Member
Robert J. Nadvomick, Member
Thomas S. Klein, Member
This instrument was acknowledged before me on this day of
2005, by Paul D. Wachholz, Member of Valley Venture, LLC.
Notary Public for the State of Montana
Residing; at Kalispell, Montana
My commission expires April 1, 2008
STATE OF MONTANA }
:ss
County of Flathead )
This instrument was acknowledged before me on this day of
2005, by Robert J. Nadvornick, Member of Valley Venture, LLC.
Notary Public for the State of Montana
Residing at Kalispell, Montana
My commission expires April 1, 2008
16
STATE OF MONTANA )
:ss
County of Flathead )
This instrument was acknowledged before me on this day of
2005, by Thomas S. Klein, Member of Valley Venture, LLC.
Notary Public for the State of Montana
Residing at Kalispell, Montana
My commission expires April 1, 2008
STATE OF MONTANA )
ss-
County of Flathead )
Recorded at the request of the Law Office of Vincent G. Rieger, P.C. this day of
September, 2005, at o'clock _ m. and recorded in the records of Flathead County, State of
Montana.
Fee S Pd.
Reception No.
After recording please return to:
Vincent G. Rieger
Law Office of Vincent G. Rieger, P.C.
41VMeridian Court
Kalispell, MT 59901
Flathead County Clerk and Recorder
Deputy
17
VINCENT G. RIEGER
LAW OFFICE OF VINCENT G. RIEGER, P.C.
4 MERIDIAN COURT
KALISPELL, MT 59901
TELEPHONE (406) 755-9552
FACSIMILE (406) 755-9554
2005
VIA FACSIMILE: (406) 444-3976
(9 pages including this cover letter)
Brad Johnson
Secretary of State
Business Services Division
P.U. Box 202801
Helena, MT 59620-2801
RE: Grana Rid e Townhomes Homeowners' Association Inc.
Dear Mr. Johnson:
Please expedite the filing of the Articles of Incorporation of the above -captioned
corporation transmitted via facsimile with this letter.
Please deduct all fees, including your fee for expedited service, from my prepaid
account number 71300.
Two copies of the Articles have been faxed to your office. Please fax me a "file
stamped" copy of the Articles to verify the success of the filing. In addition, please let
me know immediately if you have any questions or concerns regarding this filing.
Very truly yours,
VINCENT G. RIEGER
Attachments
LANDSCAPE EASEMENT
For good and valuable consideration, receipt of which is hereby acknowledged,
11 ]]j] ("Grantor") does hereby grant, warrant
and convey to [[[[Schultz]]]] ("Grantee"), and its
successors and assigns, a perpetual easement ("Easement"), subject to the specific provisions
herein, across the following described real property ("Grantor's Real Property"):
[[[[Insert Legal Description: A strip of land ten feet (101) in width running parallel
to and alongside the Eastern boundary of the tract of real property more
particularly described as follows: ]]]]
Grantee shall have the right to use the Easement for the purpose of accessing the remainder of
Grantee's Real Property. Grantee shall restore, to the extent reasonably practical, any
disturbance of earth, landscape or fencing caused in connection with any such access.
The Easement shall commence on the date this instrument is executed by Grantor and
shall continue in perpetuity. No fees, costs or other charges shall be unposed upon Grantee in
connection with the grant of the Easement to Grantee or its use of the Easement. The Easement
shall be binding upon and inure to the benefit of the Grantor, Grantee, and their respective
successors and assigns. The Grantor covenants and warrants that the Grantor is the sole owner
of Grantor's Real Property and has all rights necessary to grant the Easement to Grantee, and that
Grantee may peacefully enjoy the rights granted it hereunder.
Grantor reserves the right to use the Easement for any purpose, and to grant easements to
other persons or entities, provided that any such use and/or easement is not inconsistent with the
rights granted to Grantee herein, and further provided that no such use, either by Grantor or any
other person or entity, or any such easement, interferes with the rights granted to Grantee
pursuant to the Easement.
DATED this day of , 2005.
Grantor:
STATE OF MONTANA )
) ss.
County of Flathead )
The foregoing instrument was acknowledged before me this day of
2005, by
Notary Public for the State of Montana
Residing at:
Commission expires:
STATE OF MONTANA )
) ss.
County of Flathead )
Recorded at the request of the Law Office of Vincent G. Rieger, P.C. this _ day of
2005, at o'clock �.m. and recorded in the records of Flathead County, State of
Montana.
Fee S Pd.
Flathead County Cleric and. Recorder
Reception No.
Deputy
After recording please return to:
Vincent G. Rieger
Law Office of Vincent G. Rieger, P.C.
4 Meridian Court
Kalispell, MT 59901
EASEMENT
For good and valuable consideration, receipt of which is hereby acknowledged, Valley
Venture, LLC, a Montana limited liability company, hereinafter referred to as the Grantor, does
hereby grant, warrant and convey to Granary Ridge Homeowners' Association, Inc., a Montana
nonprofit corporation ("Grantee"), and its successors and assigns, a perpetual easement
("Easement"), subject to the specific provisions herein, under, across and upon the following
described real property ("Grantor's Real Property"):
IC[CInsert Legal Description]]]]
Grantee shaII have the right to use the Easement for the purposes of installation, maintenance,
repair, and replacement of landscaping and for landscape irrigation, including irrigation system
installation and tree trimming, on Grantor's Real Property. Grantee shall restore, to the extent
reasonably practical, any disturbance of earth caused in connection with any such installation,
maintenance, replacement, repair or replacement.
The Easement shall commence on the date this instrument is executed by Grantor and
shall continue in perpetuity_ No fees, costs or other charges shall be imposed upon Grantee in
connection with the grant of the Easement to Grantee or its use of the Easement. The Easement
shall be binding upon and inure to the benefit of the Grantor, Grantee, and their respective
successors and assigns. The Grantor covenants and warrants that the Grantor is the sole owner
of Grantor's Real Property and has all rights necessary to grant the Easement to Grantee, and that
Grantee may peacefully enjoy the rights granted it hereunder.
Grantor reserves the right to use the Easement for any purpose, and to grant easements to
other persons or entities, provided that any such use and/or easement is not inconsistent with the
rights granted to Grantee herein, and further provided that no such use, either by Grantor or any
other person or entity, or any such easement, interferes with the rights granted to Grantee
pursuant to the Easement.
The Easement includes, and Grantee shall have, the right of access to, from and over
Grantor's Real Property for the purpose of exercising rights hereby granted.
DATED this _ day of , 2005.
Grantor:
STATE OF MONTAiNA )
) ss.
County of Flathead }
The foregoing instrument was acknowledged before me this day of
, 2005, by
Notary Public for the State of Montana
Residing at:
Commission. expires:
STATE OF MONTANA )
) ss.
County of Flathead )
Recorded at the request of the Law Office of Vincent G_ Rieger, P.C. this day of
2005, at o'clock ,m. and recorded in the records of Flathead County, State of
Montana.
Fee $ Pd.
Flathead County Cleric and Recorder
Reception No.
Deputy
After recording please return to:
Vincent G. Rieger
Law Office of Vincent G. Rieger, P.C.
4 Meridian Court
Kalispell, MT 59901
2
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VICINITYMAP SCALE 1 „ = 300'
RELIMI� R P �T - GR�.� �R"� RIDOE TOWNIEOME S
A106 SUBLOT RE�I,-',EN IAI, SUBDIVISION ON ?.5 C'RES
I T O OR TO0 UIEVLO-PI T
`II� rPT_ �Ci _TI WT'-"H INTr"I L ZONING [ :
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Planned Unit _ _. _._r.
&anat
A Planned Unit Development
�l �e Townhonne5
Whitefish Stage, Kalispell, Montdnd soiea"=30'
Owners: Valley Venture LLC
P rki summa
See Sheet 2 For Preliminary Plat a ng ry•
Garage Space==32 >r`
See Sheet 3 for Preliminary Landscape Plan on ewayspa es=s2
..xie nai Spaces=10�
See Sheet 4 for Preliminary Engineering Plan Toal Parking Spa— -7d Date; 2-29-05
°I
Entry Elevation Entry Elevation
2 Bedroom Plan 3 Bedroom Plan
3 Bedroom Sketch
2 Bedroom 5ketch
Sheet 1 of'-4
Prelimina��
Granary' "1(2TOVVnhoIII
A Planned Unit Development Whitefish 5tage, Kalispell, Montana1=�"tO'
Owners: Valley Venture LLC
e„aur -
Date: 2-28-OS
Vicinity Map
�
-
s
o
0
Legend
Proposed Zoning: Kalispell RA-1 wl PUD Overlay
Total Number of Lots =18
Total Number of Duplex Units = 16
Total Number of Structures = 8
Total Subdivision Area = 2,535 Acres
Area in Private Roads = .327 Acres
Unit Coverage Area = .707 Acres
Total Area in Lots = 2.13 Acres
Area in Additional Landscape Areas = .078 Acres
Sheet 2 of 4
Mailbox tlu
Landscape Key
�4L� �evd<om 9,aa<,s«
�O ima110�duouz orn.Hnm4(i <
.+y[a cnnifemurtY<c
O # :wgrcm Shruba
O oedd�+z noweeng ShmM
® 1.SM2Ton fiouida
�`� Concrete Oxgmm4i E<Iging
�`J i3nd'z'apc Bemin9Crow�k�d ha 30"
I A I :i _ f _ L fl., — _ n _- .I
Preliminary landscape Plan
Granary
A Planned Vnit Development
Townhomes *
Whitefish Stage, Kalispell, Montana Scaie: 1",
Owner: Vaile� Venture LLC
'53
GRANARY RIDGE
WATER & SEWER EXHIBIT
GRAPHIC SCALE