City Required Covenants

1. Use. Sections 27.09.010 and 27.09.0303 – Phase 3 uses may include any permitted uses allowed under B-1 zoning. Accessory Dwelling Units are allowed on Lots 14, 20, 21, 27, 28, and 34 in Phase 2 and future phases subject to review. ADUs would be subject to general zoning requirements as well as a requirement that (a) any Lot with an ADU be a minimum width of 50 feet with a minimum depth of 100 feet; (b) they meet the setbacks for principal structure; and (c) that the parking for the ADU would be one additional parking space rather than two. The proposal would allow the ADU to be attached or detached from the principal structure.

2. Lot Area. Section 27.09.040(1) – The minimum lot size in the RA-1 is 6000 square feet minimum lot size. This deviation would allow a minimum lot size of 4000 square feet for single-family lots and a minimum lot size of 2350 square feet per unit for parent lots with townhomes/sublots.

3. Lot Width. Section 27.09.040(2) – The minimum lot width in the RA-1 zone is 50 feet. This deviation would allow a minimum width of 40 feet.

4. Setbacks. Section 27.09.040(3) – General setbacks in the RA-1 are 15 feet in the front, 5 feet on the side, 10 feet in the rear, 15 feet on the side corner, and 20 feet to the garage from a street right-of-way. This deviation would allow for a side setback of 3 feet.

5. Permitted Lot Coverage. Section 27.09.040(5) – The maximum lot coverage in the RA-1 zone is 45%. This deviation would allow a maximum lot coverage of 60%.

1. Road Sections. Section 28.3.14 – This deviation would allow three alternative road sections: (a) 80 foot urban collector with 16-foot landscape boulevards; (b) 30 foot wide alleys; and (c) the 32 foot wide woonerf.

2. House Orientation. Section 28.3.14(F)(1) – This deviation allows homes to face Stillwater Road provided that access is provided only from the alley behind the homes.

3. Alley as Primary Access. Section 28.3.11(B) and (C) – This deviation allows homes along Stillwater Road to be accessed only from an alley.

1. All water rights associated with the Property and are reserved to the Declarant, who shall transfer all water rights to the City of Kalispell.

2. Any Lot adjacent to an alley shall access the building/structure on the Lot from the alley rather than the city streets.

3. No individual accesses to Stillwater Road are allowed.

4. The recommendation in the Geotech report shall be followed, including providing additional specific Geotech reports related to buildings and other site improvements for the Lot, which are to be reviewed and accepted by the City of Kalispell prior to construction.

5. Each Owner waives the right to protest the creation of a park maintenance district. This district shall only be activated in the event that the property owners’ association defaults on their park and open space amenity conditions. The assessments levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council.

6. Each Owner waives the right to protect the creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on maintenance of the approved stormwater facilities. The assessments levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council.

Note: Buyers of property within the Starling Community should ensure that they have obtained and reviewed all sheets of the Plat and all documents recorded and filed in conjunction with the Plat and buyers of Lots within Starling Community are encouraged to contact the Kalispell Planning Department and become informed of any limitations on the use of the Lot prior to closing.