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HomeMy WebLinkAboutCity/County Planning Board Minutes 07.07.2005Members present: Others present: IVlINUTES Laurel-Yellowstone City-County Planning Board JULY 7th, 2005 7:00 pm Council Chambers Gerald Shay, Chairman Greg Johnson, County Rep. David Oberly, County Rep. Todd Linder, City Rep. Bud Johnson, City Rep. Kick Flanagan, County Rep. Cal Cumin, City Planner Cheryll Lund, City Secretary The minutes of the June 2, 2005 meeting were approved as sent out. At this time the public hearing was opened for the Eastlick variance request. Public Hearing - Clarence Eastlick - 1102 Montana - Request Variance for Lot Coverage Clarence Eastlick is requesting a variance to allow him to cover 33% of his lot. The allowable lot coverage for R7500 zone is 30%. Clarence would like to build a larger garage to allow him to do his woodworking in the garage. At the present time he has to remove the 2 vehicles in the garage to do any woodworking, and then put the vehicles back in the garage after he is done. If he had a larger garage he could keep his woodworking equipment up at all times. Clarence submitted signatures of all of the neighbors that are within 300 feet of his property comers, except for one neighbor that was never available, that have no objection to the variance. (attached) Carol Merrick, 1106 Montana, stated that she has no objection to Mr. Eastlick building a larger garage. Kirk Schroeder, 1115 1st Avenue, stated that he has no objection to Mr. Eastlick building a larger garage. He stated that a person should be able to do what they want on their own property and that Mr. Eastlick keeps his property clean. Opponents: None. The public hearing was closed at 7:19 pm. Discussion by board. The discussion included: setting a precedence for other property owners if the board approves this request; variances should only be granted if there is a hardship as stated in 17.64.150; that the overage of the square footage of 250 square feet constitutes a 10' X 25' building. Motion by Rick Flanagan, second by Bud Johnson, to recommend approval of the lot coverage variance for 1102 Montana Avenue. Motion failed by a 2-3 vote. Variance for Clarence Eastlick will be sent on to the City Council with a recommendation of denial. This variance request goes on to the City Council workshop on July 12t~ and then on to a City Council meeting. At this time the Planning Board adjourned and the Zoning Commission was opened to review the next item on the agenda. Public Hearing - Zone Change Request - Iron Horse Station Subdivision Will Ralph, Engineering, Inc., was present to ask support for a zone change for the following: Lots 1-6 of Block 3 are presently zoned RLMF and are being requested to change to Community Commercial; Lots 1-17 ofBIock 3 are currently zoned R7500 and are being requested to change to RLMF. Lots 1-6 of Block 3 are presently zoned RLMF and are being requested to change to Community Commercial. Lot 7 of Block 3 is currently zoned Community Commercial. At this time a nursing home is being planned for Lot 7, and the developer would like to integrate Lots 1, 2, 5 & 6 into assisted living complexes and Lot 3 for a community center. The zone change for Lots 1-17 of Block 2 is being requested to go from R7500 tO RLMF to allow greater coverage of the smaller than intended lots to allow placement of attractive duplexes. These lots range in size from 8,550 to 10,063 square feet. These 17 lots would fall under a Homeowner's Association rules and regulations. Will went on to ask the planning board for their support of the zone change requests. Opponents: Jennifer Johnson, Alderman for Ward 4, was present as a representative for 9 of the 13 neighboring properties. The property owners are opposed to any commercial zoning for Lots 1-6 of Block 3 as they are afraid it. will change their quiet residential neighborhood to commercial businesses. Will Ralph, Engineering, Inc. stated that the entire project for Lots 1-7 of Block 3 is geared towards elderly housing, at every level. At this time Mr. Ralph was asked if Lot 7 had been purchased by St. John's Lutheran Ministries? Mr. Ralph stated that he was unsure if St. John' s Lutheran Ministries had a buy-sell on the property. Discussion by the board in regards to: whether or not St. John's Lutheran Ministries has a buy/sell agreement on Block 3 Lots 1-7; how changing the zone to community commercial on Block 3 Lots 1-7 could effect the neighborhood if the property was not sold to St. John's; what types of businesses are allowed in Community Commercial zoning; what the original goal of the developer has been for Block 3 Lots 1-7; and, what is the purpose and effect by changing Lots 1-17 of Block 2 from R7500 to RLMF. Cai stated that the ohginal plan for the facility is a 36-unit facility (on Lot 7) and the planned use for lots 1-6 would be patio homes and a community center. The master plan of the project is to allow different stages of elder care. The zone change on lots 1-17 of Block 2 to RLMF will go along with that theme by allowing duplexes or tom homes, which is a type of elder housing. Cai stated that the developer's intent for the project all along has for various stages of elderly housing. He has no reason to doubt that Mr. Brown will keep his word on the intent. Having the Community Commercial zoning could open up doors to various types of commercial ventures but Cai feels there would not be enough traffic to generate retail stores, and that would go against Mr. Brown's intentions. The Community Commercial zone allows various types of small businesses that are in line with what the Planning Board has been discussing in the past few months such as: antique stores, beauty salons, bicycle repair shops, and coffee shops. Cai does not think that there would be enough traffic generated for any large retail stores to be able to have a larger, viable business. Cai also stated that the streets, and water and sewer service mains can handle the amount of density that would be added by changing Lots 1-17 of Block 2 to RL1V~. Cal also stated that, as in any zone, the developer/builder still has to meet the applicable building codes, off-street parking requirements, and go by LMC 17.20.010 zone uses for both Community Commercial and RLMF> Motion by Todd Linder, second by Rick Flanagan, to recommend approval of a zone change from RLMF to Community Commercial on Lots 1-6 Block 3 of Iron Horse Station Subdivision. Motion carried 4-1. Motion by Bud Johnson, second by Todd Linder, to recommend approval of a zone change from R7500 to RLMF on Lots 1-17 Block 2 of Iron Horse Station Subdivision. Motion carried 4-1. At this time the Zoning Commission ended and the Planning Board was reconvened. Public Hearing - Annexation Request - Patrick Mullane¥ - C/S 2039 Tract A-1 & B-1 Mr. Mullaney requested annexation of Certificate of Survey 2039 Tracts A-1 & B-1, and referred to the annexation application he filled out in regards to questions the board may have. Cai told the board that Mr. Mullaney has requested the lots be re-zoned Residential Limited Multi- Family. Opponents: None present. Cai recommended approval of this annexation. After a discussion: Motion by Todd Linder, second by Bud Johnson, to recommend approval of annexation to C/S 2039 Tracts A-1 & B-1 and that the lots be zoned Residential Limited Multi~Family. Motion carried 4-1. Neighborhood Convenience Store Concept The board has discussed, at length, allowing atype of convenience storein residentiaI areas. After many discussions Cal proposed changing the wording of 17.08.785(A) (proposed LMC) first sentence to read "Such stores shall be allowed on a basis of 1000 square feet of retail space per 20 dwelling units (delete "limited to 5000 square feet of retail sales area per fifty dwelling units". (see attached Definitions) 17.08.785(B) are changed to read, "One parking space per 500 (delete "250") square feet of retail area shall be provided either on the side or in back of the retail sales areas, and only diagonal or parallel parking shall be allowed in front of such stores. After discussion: Motion by David Oberly, second by Bud Johnson to recommend the proposed 17.08.785 A and B to the above and send it to the City Council for review. Motion carried 5-0. Add 17.08.35 "Additional Dwelling Unit" to LMC (see attached). After discussion: Motion by David Oberly, second by Bud Johnson, to recommend adding 1 " ' ' 7.08.35 Additional Dwelling Unit" and send it to the City Council for their review. Motion carried 5-0. Change 17.40.020(B) "Off- Street Parking Requirements" to"For multiple' dwellings,' retirement' homes, lodging and boardinghouses, etc., off-street parking is required within the walking distance of 300 (changed from 100) feet. Motion by Bud Johnson, second by David Oberly, to recommend changes to 17.40.02003) as written (see attached) and send it to the City Council for their review. Motion carried 5-0. Add to Table 17.16.020 under setbacks to "Rear yard abutting adjacent side yard ora corner lot the setback shall be five (5) feet (changed from 20 feet). Additional Changes (Not from Growth Management Plan): Cai said two developers/home builders have recently complained about the setback requirements for rear yards on comer lots and has proposed a change (see attached) which has also been indorsed by the Public Works Director. Cai explained the history of the Board of Adjustment and that it has been, in addition to other problems, difficult to keep a full board. Since this is a quasi-legal board, not having enough members at meetings has had the potential for serious problems. The proposal is to do away with the section of the LMC that provides for the board. Motion by David Oberly, second by Bud Johnson to hold a public hearing on these suggested changes; motion carried 5-0. The public hearing will be at the August 4, 2005 meeting in regards to this issue. Copies of Chapter 17.64 concerning the Board of Adjustment were handed out for the Board to review. 4 The meeting was adjourned at 8:30 pm. Respectfully submitted, Cheryll Lund, Secretary 5 7Jul05 Add the following to the Definitions Section of the Laurel Municipal Code ~C) : 17.08.35 Additional Dwelling Unit "Additional Dwelling Unit (ADU)" means a separate dwelling unit within an existing residential dwelling unit that does not change the outward appearance of the existing residential dwelling unit but provides a separate living area for family or non-family members and which includes kitchen, and bathroom facilities. The primary residence must be owner occupied. Such ADU's may be rented or leased. Construction standards of ADU's must be approved by the City Public Works Office prior to construction and occupancy. 17.08.785 Neighborhood Convenience Stores "Convenience Stores" are retail establishments, located in a residential neighborhood, offering for sale a relatively limited selection of prepackaged food products, household items, and other related goods, not including gasoline or fuel sales; coffee, soup, and sandwich shops; bakeries; mail packaging and delivery services; laundromats; and similar small commercial establishments as reviewed via the Conditional Use Permit process by the Planning Board and approved by the City Council. A. Such stores shall be allowed on the basis of 1000 square feet of retail space per .... ~,t ..... 5;0©0 ,;ciuarc L~ ............................. ~ ...... .~ ,.,, ......... ~.~ ......... Outdoor seating or eating areas and off-street parking areas are not considered part of the 5000 square feet allowed. Approval of the location of such stores can be done either in the masterplanning process of new subdivision development whereby allowance of such store use is a matter of right in developments of fifty dwelling units or more; in an infill development; or upon application by a landowner/developer/entrepreneur. The burden of proving the need for such stores based on the allowable square feet per number of dwelling units shall be upon the applicant. B. One parking space per 500 2:50 square feet of retail area shall be provided either on the side or in back of the retail sales areas, and only diagonal or parallel parking shall be allowed in front of such stores. C. At least two trash receptacles shall be provided per store that are accessible to the public on the store lot, and a written agreement with the local government shall stipulate that trash is picked up on the store lots and along adjacent area sidewalks every day of sales operation. D. Store lighting shall be designed to shine away from any other property and/or be suitably shielded. E. Signage shall be limited to subdued colors that conform to the lighting requirement and must either be on the store building or of monument type no larger than five feet high and eight feet long. Such Neighborhood Convenience Stores may be located in structures, old or new, that provide residences in the rear of such stores, above such stores, and which meet the City building and fire code requirements. G. No gambling establishments or motor fuel sales shall be allowed Add these two definitions to Table 17.20.010: Table 17.16.010 RE R R 20~0 7~50 6~00 RLM~F RMF RMH PUD 00 0 0 SR RT Park/~g, publin SR SR SR SR SR SR SR SR SR parks, playgrounds, playficlds, and golf co~vscs commtmivy center buddings -- operated by public agency, neighborhood or homeowners associations A A A A A A A A A Planned developments A Public service installations SR SR SR SR SR SR SR SR SR Rehabilitation center SR SR A A SR SR Schools, public elementary, junior and set, or high schools, includes private A A A A A A A A A schools Accessory building or use in eiderrral to any permitted residential use customarily in con- nection with the principal building and located on ~he same lmud parcel as the permitted use A A A A A A A A A Additional Dwelling Unit A A A A A A A A A Automobile parking in connect/on with a permitted residential use A A A A A A A A A Boarding and lodging houses A A Cemetery SR SR SR SR SR SR SR SR Child caze centers SR SR SR SR SR MR SR SR SR Churches and other plmces of worship including parish house ~nd Sunday MR SR SR SR SR SR SR A SR school buildings Convalescent, nursing homes, retirement homes, orphanages and SR SR SR SR SR SR SR A SR charitable institutions Convents and rectories SR SR SR SR SR SR SR A SR Crop and tree farming, greenhouses and ~zuck gardening A Day care centers SR SR SR SR SR SR SR A A Day care home A A A A A A A A A Day care facilities SR SR SR SR SR SR SR SR SR Kennels (noncommercial) A A A A A A A A A Dwellings Single-fro mily A A A A A A A A A Two-fmmily A A A A Multifamily A A A Manufactured homes Class A A Class B A Class C A Row Housing MR MR A Family day care homes A A A A A A A A A Greenhouses for domestic uses A A A A A A A A A Group day care homes A A A A A A A A A Home occupations A A A A A A A A A Neighborhood Converdence Stores (See A A A A A A A A A definition for conditions) Table 17.20.010 (Continued) Ceramics shop Chemical and all/ed products manufacture Child ca~e center Churches arid other places of worship including parish houses and Sunday school building Clinic, animal Clinics, medical and dental Clothing and apparel stores Coal or coke yard Cold storage Colleges or universities Commercial recreation areas Commercial food products, storage and packaging Communication towers {commercial) Concrete mixing plants and manufacturing of concrete products Construction contractors: Office AG RP NC CBD CC HC LI HI SR A A A A A A A SR A A SR A SR A A A A A A A A A A A A SR A A A A A A A A A A A A A A A A A A SR A A A A A A A eqmpment charitable institutions Crematorium Creameries, dairy products manufacturing plants Day ca~e facilities Day ca;e home Department stores Drag stores Dry kiln Dwehings: single- f~mily manufactured home Class A Class B Class C two family multiple family A A A A A A SR A A A A A A A A A A SR A A SR SR SR SR SR SR SR A A A A A A A A A A A A A A A A A A A A P A A SR SR 5\ear va~sd ai0u~5~o adj aceut side yard <' i: a cornel- Change the setback requirements in the CBD for residential units as follows: Table 17.20.020 Zoning Requirements A RP* NC* CBD CC* HC LI HI P Lot area requirements in squ~re 20 feet, acres NA NA NA NA NA NA NA NA except as noted, 20 acres Mir~iraum yard requirements: Front [a) NA 20 g0 NA 20 20 20 20 20 Side (b) 0 0 0 0 0 0 0 Side adjacent to street 10 10 10 10 10 10 10 Rear {b) 0 0 0 0 0 0 0 Max/mum height for adl buildings (c) NA 25 25 NA 25 45 70 NA NA Maximum lot coverage in percent NA 50 50 NA 50 75 75 75 50 20 MinLmu-m district size (expressed in acres 2.07 2.07 2.07 2.07 2.0 2.07 2.0 NA acres) 7 7 (NA means not applicable) The lot area, yard and lot coverage requirements for dwellings in commercial zoning districts except the CBD shall be the same as those in the RLMF residential zoning district. (a) Arterial setbacks (b) Side and rear yards {c) Except as provided in the airport Delete the requirement for off-street park~ng in the CBD as follows: CHAPTER 17.40: OFF-STREET PARKING REQUIREMENTS 17.40.020 Location Specified Off-street parldng facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be in walking distance measured from the nearest point of parking facility to the nearest point otthe lot that such facility is required to serve. Ali such off-street parking shall be improved as required by Sections 17.40.080 and 17.40.140. A. For one- and two-family dwellings, off-street parking is required on the same building site with the building it is required to serve. B. For multiple dwellings, retirement homes, lodging and boardinghouses, etc., off-street parking is required within the walking distance of 300 ~:c ix~:.;~.dt:,:2 feet. C. For hospitals, sanitariums, convalescent homes, nursing homes, rest homes, homes for the aged and asylums, off-street parking is required within six hundred feet for employees and three hundred feet for visitors. D. That portion of the city zoned central business district (CBD) shall not have any off- street parking requirements provided, however, that the owners of expanded or new structures must consider the off-street parking needs for their projects. E. For uses other than those specified above, off-street parking within four hundred feet is required. (Ord. 927, 1987: Ord. 800 (part), 1985; prior code § 17.76.010(A)) CITY,OF LAURkEL 115 Vg, P.O. Box Montana 59044 CiTY OF LAUREL, MONTANA City-County Planmng Bo d APPLICATION FOR VARI~_NCE This application CoVers appeals from decisions of the City Building Inspector and for requests for Variances concerning· setbacks, structure heights, lot Coverage, etc. but not for variances that change allowed land uses. The undersigned as OWner or agent of owner of the following described property rec/uests a variance to the Zoning Ordinance of the City of Laurel. as outlined by the laws of the State of Montana. 1. Legal description·of property: ~D~ 2. Street address and general location: /IO-P.. 3. Present Zone classification: 4. Requested va=iance/appeal: ~t/~j /27~e 7~ '~/~ 5. ~Attac existing plan showing ingress/egress,.gff_st.~reet : building parking, locations (use solid :lines), proposed building additions (use dashed relevant to the variance, lines), and, other information Agent (s) (recorded owner (s) (mailing address) (telephone) (address) (telephone) 7. Provide COpy of COvenants or deed restrictions on property. I understand that the filing fee accompanying this application is not refundable, that it pays part of the cost of processing, and that the fee does not constitute a payment for a variance I also understand I or my agent must appear at the hearing of this request before the Board of Adjustment. All of the information ~resented by me is true and correct~ the be~t of my knowledge. Fee paid ($ lfO,O0__ ~ CITY HALL l15W. IST ST. PUB WORKS: 628-4796 WATER OFC: 628-743 I COURT: 628-1964 FAX: 628-2241 City Of Laurel P.O. Box 10 Laurel, Montmm 59044 June 30, 2005 TO: Laurel City County Plarming Board FROM: Gary Colley, Code Enforcement RE: Clarence Eastlick Variance DEPARTMENT Mr. Eastlick proposed a garage to be constructed on his property at 1102 Montana Avenue in Laurel, Montana. In reviewing his requested I discovered that with this additional structure he would exceed the maximum lot coverage of 30% outlined in Laurel Municipal Code Chapter 17.16 for property zoned R-75001 It is my recommendation that this variance be disallowed. Allowing this variance would open the door for nothing but a string of such variances. It would set a precedence that would be ongoing for years to colne. r~Lely' Gary A. Colley Code Enforcement Officer City Of Laurel is an EEO Employer Equal Housing Oppommity I (WE) THE UNDERSIGNED HAVE NO OBJECTIONS TO CLARENCE EASTLICK BUILDING A NEW GARAGE AT 1102 MONTANA AVENUE NAME ~ ADDRESS I (WE) THE UNDERSIGNED HAVE NO OBJECTIONS TO CLARENCE EASTLICK BUILDING A NEVV GARAGE AT 1102 MONTANA AVENUE ~-'~.M~ ~ , / . ADDRESS Clarence Eastlick request for allowing more than 30% coverage at 1102 Montana Avenue Lots size is 7,043 square feet 30% coverage = 2112.9 square feet house size - )535.0 square feet left to cover 577.9 square feet proposed new garage size 832 square feet Over allowable Coverage of 30% by: 254.1 square feet MEMO SUBY~CT: TO: FROM: DATE: Findings and Conclusions Regarding Zone Change Request for Bock 3, Lots 1-6 fi:om Residential Limited Multi-Family to Commumty Commercial; and for Block 2, Lots 1-17 from Residential 7500 to Residential Limited Multi-Farmly, all in lxon Horse Station Subdivision, An Addition to the City of Lamel Laurel Zoning Commission Cai Cumm, Laurel Planning D/rector July 7, 2005 LEGAL COMMENTS The Laurel Municipal Code (17.72.050 (G)) requ/res that, 'Tae planmng director shall report his findings and conclusions in writing to the rezoning commission, which report shall be a matter of publ/c record." State code (MCA 76-2-304) requires that local govermuents take into consideration during deliberations on proposed zone changes the CPurposes of zoning': (1) Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety fi:om fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facihtato the adequate provision of transportation, water, schools, parks, and other pubhc requirements. (2) Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitab/Iity for particular uses and w/th a view to conserving the value of buildings and encourag/ng the most appropriate use of land throughout such mumcipality. State code (MCA 76-2-305(2)) provides that when a protest against a proposed zone change is signed by the owners of 25% or more of the area of the lots within 150 feet fi:om the subjec~ zone change, such amendment shall not be come effective except by the favorable vote of two-thirds of all the members o£the city council. SPECIFICS OF ZONE CHANGE REQUEST The applicant has requested two zone changes within his property (Iron Horse Station Subdivision, An Addition to the City of Laurel): Block 3, Lots I-6 fi:om Residential Limitad Multi-Family (RI,IVIF) to Community Commercial (CC); and for Block 2, Lots 1-17 fi:om Residential 7500 to Residential Limited Multi-Fam/ly--all generally located in the NW quadrant of the intersection of A/der Avenue and East Maryland Laue. The developer states that the reason for the request in Block 3 is to allow the lots presently designed around a planned elderly living complex to be integrated into that complex, something the CC zoning will better enable him to do; it is nee planned to use the lots as retail commercial. The reasoning behind the request in Block 2, according to the applicant, is to allow greater coverage of the smaller-than-intended lots to allow placement of attractive duplexes. These lots range in size from 8550 to I0,063 square feet but were shghtly larger until the adjacent parkway land was taken. This is a new subdivision development with no occupied buildings on-site, although three duplexes are presently under construction in the southwest comer. Lots 1-I7 are located adjacent to the p/armed Nutting Drain parkway, an area in the Iron Horse project set aside as park; these lees front on Roundhouse Drive and are across tlfis street from lmad zoned R-6000 and part of the other piece of land that is being requested for change. Lots 1-6 in Block 3 is bounded by, at present, R-7500 to the north, R-6000 to the west, and Cornmunit¢' Commercial to the south and east; both parcels butt up against A/der Avenue on the east and the Residential Tracts zoning that is located there. Land use to the west is multi-family complexes, traditional residential across Maryland to the southwest, an open field where Grace Bible Church is planning to build is to the south, and a very large garage and residence is located to the southeast across Maryland, and land to the east is large-lot residential. CONSIDERATIONS In reference to "purposes of zoning:" The proposed rezoning complies with LaureI's Growth Management Plan (GMP) in that residential land uses are the expected long-term use of the area. The GMP also supports higher residential density where central water and sewer systems ex/st-- as in this development. The proposed zoning is not designed to lessen congestion in the streets; however, the existing roadways can easily carry the increased traffic generated by the adrtitional activ/ty, both residential and the non-traditional residential cfa centralized elderly housing. The GMP also supports the planned elderly project by promoting life cycle housing in Laurel and providing variety in the housing market. The issues of "frre, pamc, and other dangers" can be addressed by local emergency service providers. Adequate light and air, the overcrowding of the land, and preventing undue concentrations ofpopulahon are not relevant issues, nor are anticipated impacts on schools, parks, and eeher public facilities. The change from single-family lots to planned duplexes that border open space and are across the street from R-6000 zoning is appropriate, and the water and sewer systems have been designed for serving this general area of Laurel mud not just ti'ds development. RECOMMENDATION Given the considerations discussed herein, my recounnendation is to approve this request for zone change. 2 CITY HALL llSW. 1ST ST. PUB WORKS: 62g-4796 WATER OPC: 625-743 I COURT: 628-1964 FAX: 628-2241 City Of Laurel P.O. Box 10 Laurel, Montana 59044 APPLICATION FOR2/ The undersigned as owner or agent of property requests a Zone Change/Land Use Variance as outlined the City Zoning Ordinance: P LAATN ING BOARD DEPARTMENT the following described in From To RESIDENTIAL - 7500 RESIDENTIAL - LIMITED MULTI-FAMILY Zone Zone 1. Legal description of prooerty- Lots 1-17, inclusive, Block 2, Iron Horse Station Subdivision; situated fn the ~E~ o~ Section 9, T2S, E24E, P.M.M. General location: Northwest corner of Roundhouse Drive/Alder Avenue Intersection 3. Proposed use: Residential Owner (s) : Iron Horse Station, LLC (recorded o~rner) 2110 Overland Avenue, Suite 122; Billings, MT 59102 (address) 406/259-6666 (phone number) Agent (s) : Engineering, Inc. (name) 1300 North Transtech Way; Billings, ~T 59102 (address) 406/656-5255 (phone number) 6. Covenants or deed restrictions on property: Yes X No (if yes, include copy) I understand that the filing fee accompanying this application is not refundable, that it pays part of the cost in processing, and that the fee does not constitute a payment for a Zone Change/Land Use Variance. Also, that all the information presented is true and correct. PETITIO1FER MUST BE PRESENT AT HEARINGS. FEE PAID ~6~ PETITiON-ER' S SIGNATUR ATE City Of Laurel is an EEO Employer CITY OF LAUREL 115 W. P.O. Box t0 CITY liALL 115 W. 1ST ST. PUB WORKS: 628-4796 WATER OFC: 62g-7431 COURT: 628-1964 FAX: 628-2241 City Of Laurel P.O. Box 10 Laurel, Montana 59044 APPLICATION FORM PLANNING BOARD The undersigned as owner or agent of the following described property requests a Zone Change/Land Use Variance as outlined in the City Zoning Ordinance: From Residential - Limited Multi-family To Community Commercial Zone 1. Legal description of Dropertv: Lots 1-6, inclusive, Block 3, Iron Horse Station Subdivision; situated £n th~NE¼ of Section 9, T2S, R24E, P.M.M. General location: Northwest corner of Roundhouse Drive/Alder Avenue intersection 3. Proposed use- Multi-family units to be used in conjunction with the assisted living' %acility located on Lot /, Block 3. 4. Owner(s} : Iron Horse Station, LLC (recorded owner) 2110 Overland Avenue, Suite 122; Billings, MT 59102 (address) 406/259-6666 5 o (phone number) Agent (s) : Engineering, Inc. (name) 1300 North Transtech Way, Billings, MT 59102 (address) 406/656-5255 (phone number) Covenants or deed restrictions on property: Yes X (if yes, include copy) No I understand that the filing fee accompanying this application is not refundable~ that it pays part of the cost in processing, and that the fee does not constitute a payment for a Zone Change/Land Use Variance. Also, that all the information presented is true and correct. PETITIONER MUST BE PRESENT AT ~EARINGS. PETITION NO. 05 FEE PAID PETITIONER' S SIGNATURE , ATE City Of Laurel is an EEO Employer Equal Housing ODpornmiw CITY OF LAUREL 115 W. 1st ?.0. 8ox '~0 LaurM, ,Montana 59044 CITY OF LAUREL REQUEST FOR ANNEXATION AINrD PLAN OF ANNEXATION Only parcels of land adjacent to the City of Laurel municipal limits will be considered for annexation. "Adjacent to" also includes being across a public fight of way. If the parcel to be annexed is smaller than one ci~ block in size (2.06 acres), the City Council must approve consideration of the request; the applicant must make a separate written request to the City Council stating their wish to annex a parcel of land less than one city block in. Once the Council approves the request the applicant can apply for the annexation. BY Y~E _~PP~t..~ ~. Y~ APPZICA~ON WiLL R-OY BE PROCESSED ~ T~E Applicant landowner' s name: Address: Phone: 3. Parcel to be annexed: (if it not surveyed or of public record, it must be of public record PRIOR to applying for annexation). Legaldescfipfion:~w~-r-~ ~t= $1/~-~,~7~ ~? -crier- f, I ~-t5-/ Present use: Planned use: Present zoning: (land which is being annexed automatically becomes zoned R-7500 when it is officially annexed (City ordinance 17.12.220) 4. City services: The extension of needed City services shall be atthe cost of the applicant after annexation by the City has been approved. As part of the application process, each of the following City services must be addressed with an explanation: Water Service: Location of existing main.~ Cost of e~ension of approv~ How ~ d~e~ned: ~, Timeframe for installation: Sew~ Se~ce: Location of exi~ing main: ~ Cost of emension of approved How mm dete~ned: ~ Timeframe for i~tallation: How fi~ced: ~~ Streets; Location of existing paved access: Cost nf paving: ~r~ How ~st de~e~n~: Time~e for ~nstmction: Other required improvements: Provide above information on attached pages. Applicant must meet with the proper planning representative PRIOR to filling out this application! 5. A map suitable for review of this application of the proposed area to be annexed must be submitted with this application. A written Waiver of Protest must accompany this application, suitable for recording and containing a covenant to nm with the land to be annexed, waiving all right of protest to the creation by the CRy of any needed improvement district for construction or maintenance of municipal services. This Waiver of Protest must be signed by the application prior to annexation by the City. Requests for annexations are referred to the City-County Planning Board for recommendation to the City Council. With/n thirty 00) days after receiv/ng the properly filled out application with all required accompaniments and after conducting a duly advertised public hearing, the City- County Planning Board shall make recommendation to the City Council as to this Request for Annexation. If more information is needed from the applicant during the review of the application, such application shall be deemed incomplete and the timeframe for reporting to the City Council extended accordingly, if needed. 8. A non-refundable application fee of one hundred riley dollars ($150) must accompany the submission of this application. The City Council of the City of Laurel, Montana, after review and consideration of this Application for Annexation found such to be in the best interest of the City, that it complied with State code, and approved this request at its City Council meeting of:. 2 WAIVER OF PROTEST For consideration of annexation to the City of Laurel, the undersigned, owner of the hereinafer described property, does hereby waive the right to protest the creation of one or more special improvement districts for the construction of streets, curbs and gutters, sidewalks, driveways, street lights, storm or sanitary sewer main serving the area in which the annexation is located, water distribution lines, park maintenance, and other incidental improvements the City of Laurel may require. This waiver shall ran with the land and shall be binding upon the undersigned, its successors and assigns, and the same shall be recorded in the office of the County Clerk and Recorder of Yellowstone County, Montana. The property hereinabove mentioned is more particularly described (owner name, legal description and address) as follows Dated this t ¥ day of Attest:x -- 3 STATE OF MONTANA County of Ycllow~tc~nc 200G . By: SS. day of Subscribed and sworn to before me, a Notary Public in and for the State of Montana, this Tctao- ,200 5 . ~a,t 19a-~rle-l-( T3. t'fflccl{~n ~ Signature ' Notary Public for the State of Montana (SEAL) Residingat ~c[ /-od ~ C~ My commission expires ~' - ~ (5 CITY HALL llSW. 1ST ST. PUB WORKS: 6284796 WATER OFC: 628-7431 COURT: 628-1964 FAX: 628-2241 City Of Laurel P.O. Box 10 Laurel, Montana 59044 APPLICATION FORM PLJkNNING BOAR~ The undersigned as owner or agent of the following described property requests a Zone Change/Land Use Variance as outlined in the City Zoning Ordinance: From Residential - Limited Multi-family To Community Commercial Zone Zone 1. Legal description of proDertv-Lots 1-6, inclusive Block 3, Iron Horse Station ..... -- --' ~ - Subdlvmsmon; situated mn the NET of Section 9, T2S, R24E, F.M.M. o General location: Northwest corner of Roundhouse Drive/Alder Avenue intersection 3. ProlDosed use: Multi-family units to be used in conjunction with the assmsted living Zacility located on Lot /, Block D. 4. Owner(s) : Iron Horse Station, LLC (recorded owner) 2110 Overland Avenue, Suite 122; Billings, MT 59102 {address) 406/259-6666 (phone number) Agent (s) : Engineering, Inc. {name) 1300 North Transtech Way, Billings, MT 59102 {address) 406/656-5255 {phone number) Covenants or deed restrictions on property: Yes X (if yes, include copy) No I understand that the filing fee accompanying this application is not refundable, that it pays part of the cost in processing, and that the fee does not constitute a payment for a Zone Change/Land Use Variance. Also, tkat all the information presented is true and correct. PETITIONER 5g3ET BE PRESENT AT HEARINGS. PETITION NO. 05--i[5~-~r~-. FEE PAID ~5 ,o........,. /' 1/ City Of Laurel is an EEO Employer Equal Housing Opportunity. CITY OF LAUREL 1!5 W. 1st P.O, 8ox 10 Laurel, Montana 59044 CITY HALL IlEW. 1ST ST. PUB WORKS: 62g-4796 WATER. OFC: 625-7431 COL,~T: 625- 196~ FAX: 62g-2241 City Of Laurel P.O. Box 10 Laurel, Montana 59044 APPLICATION FORM PL~L~TNING BOARD DEPARTNfSYNT The undersigned as owner or agent of the following described property requests a Zone Change/Land Use Variance as outlined in the City Zoning Ordinance: From To RESIDENTIAL - 7500 R~SIDENTiAL - LIMITED MULTI-FAMILY Zone 1. Legal description of property. Lots 1-17, inclusive, Block 2, Iron Horse Station Subdivision, sztuated in the NE~ of Section 9, T25, General location: Northwest corner of Roundhouse Drive/Alder Avenue Intersection 3. Proposed use: Residential Owner(s) : Iron Horse Station, LLC (recorded owner) 2110 Overland Avenue, Suite 122; Billings, MT 59102 (address) 406/259-6666 (phone number) Agent (s) : Engineering, Inc. (nam~00 North Transtech Way; Billings, MT 59102 (address ) 406/656-5255 (phone nuraber } Covenants or deed restrictions on property: (if yes, include copy) Yes X No I understand that the filing fee accompanying this application is not refundable, that it pays part of the cost in processing, and that the fee does not constitute a payment for a Zone Change/Land Use Variance. Also, that all the information presented is true and correct. PETITIONER bUJST BE PRESENT AT HE2kRINGS. FEE PAID City Of Laurel is an EEO Employer Equal Housing Opportunity CITY OF LAUREL 115 W. !st ?.0. Sox 10 Laurel, Montana 59044 IRON HORSE STATION SUBDIVISION DECLARATION OF USE RESTRICTIONS AND COVENANTS IRON HORSE STATION, LLC, being the Owner and Developer of the following described real property: Parcel 1: A tract of land in Section 9, Township 2 South, Range 24 East, P.M.M., described as Tracts 1 and 2 of Certificate of Survey No. 1943, according to the official plat on file in the office of the Clerk and Recorder of Yellowstone County, Montana, under Document No. 1143464. Excepting therefrom the Southerly 50 feet of Tract 1 and the Northerly 50 feet of Tract 2 conveyed to Nutting Drain District by Warranty Deed recorded June 10, 1931, in Book 159, Page 81, records of Yellowstone County, Montana. Parcel 2: Lots !, 2 and 3 Lots 1, 2, 3, 4 15, 16, and 17, Lots 1, 2, 3, 4 15, 16, 17, 18, Lots 1, 2, 3, 4 15, 16, 17, 18, of Iron Block 1, 5, 6, 7, 8, 9, Block 2, 5, 6, 7, 8, 9, 10, 19, 20, 21, 22, 23 5, 6, 7, 8, 9, 10, 19, 20, 21, 22, 23 Horse Station Subdivision, 10, 11, 12, 13, 14, 11, 12, 13, 14, and 24, Block 4, 11, 12, 13, 14, and 24, Block 5, in the City of Laurel, Yellowstone County, Montana, according to the official plat thereof on file and of record in the office of the Clerk and Recorder of said County, under Document No. hereafter represented by Marvin J. Brown, Member, declares as follows: The following restrictions for Iron Horse Station Subdivision shall run with the land to the benefit of all lots and the public, and shall be binding upon all owners and their successors in interest and assigns. All owners, by acceptance of a deed to any lot subject to this Declaration, and all purchasers under a contract for sale, agree to conform and be bound by these covenants and restrictions. The following are part of a general plan to sustain the value, desirability and attractiveness of the property: 1. DEFINITIONS. Unless otherwise expressly provided, the following words and phrases, when used in this Declaration of Restrictive Covenants shall have the following meanings: a. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, excluding those having such interest merely as security for the performance of an obligation. If any lot has been sold under a contract for deed or agreement for future delivery of title, the purchasers of that lot shall be deemed to be the only owner. "Property" shall mean and refer to the legal description described above. c. "Lot" shall mean and refer to any one of the above-described lots shown upon any recorded subdivision map of the Property. d. ,'Subdivider" shall mean and refer to IRON HORSE STATION, LLC, subdivider of Iron Horse Station Subdivision. "Developer" shall mean IRON HORSE STATION, LLC, its successors and assigns; provided, however that no successor or assignee of the Developer shall have any rights or obligations of the Developer hereunder, unless an assignment for such rights or obligations is specifically set forth in an instrument of succession or assignment or unless such rights and obligations pass by operation of law. "Single Family" shall mean one or more persons living together as a single, non-profit housekeeping unit, as distinguished from a group occupying a hotel, motel, club, fraternity or sorority, commune and the like. 2. EASEMENTS. No structure of any permitted or maintained on any easements of way all as shown on the plat of this "A" attached hereto. g. "Accessory Building" shall mean a building, such as a garage or shed, detached from a dwelling and used for purposes which are incidental and subordinate to residential or permitted commercial uses. kind shall be erected, or on Nutting Drain right subdivision. See Exhibit 3. PERMISSIBLE BUILDINGS. Ail buildings and other structures must comply with the City of Laurel zoning regulations and codes. Lots 1 through 24, Block 4, Lots 1 through 24, Block 5, shall each be used for single-family residential use and accompanying 2 structures only. The term "residential purposes" used herein shall be construed to exclude duplex houses, with the exception of Lots 1-17, Block 2, which may be used for duplexes. Lots 1, 2 and 3, Block 1, may be used for duplexes or triplexes. No store, office, or other place of business of any kind and no hospital, sanitarium, professional or commercial uses shall be erected or permitted upon any of said lots. However, an in-home business may be operated as long as it is not obvious to the public from the street, has no sign, and causes no noticeable increase in traffic over and above normal residential activity. In addition, the undersigned or their nominee may use any lot for a model home and office to promote sales. The only permissible buildings on the lot or lots shall be the following: a. Each dwelling shall be constructed so that the floor area enclosed within the perimeter of the exterior walls, exclusive of the basement, if any, shall not be less than: For single family homes: 1,160 square feet on the ground level, exclusive of open porches, decks, garages, breezeways, and other non-living areas. (ii) Structures shall be limited to two and a half (2 1/2) stories in height on any side or elevation. (iii) Each single family home shall have a minimum of an attached two (2) car garage. b o C · (iv) For duplexes and triplexes: 600 square feet per living unit on the ground level, exclusive of open porches, decks, garages, breezeways and other non-living areas. Each unit in a duplex or triplex shall have a minimum of a single car An attached or detached accessory building may be constructed as long as it meets the following criteria and the approval of City Code: May be built not to exceed one hundred twenty (120) square feet in size nor exceed ten (10) feet in height. It shall be located on a concrete slab or foundation, and the siding and roofing matches that of the residence. Ail roofing shall be of high quality masonite shingle, concrete tile, color coated metal, or composition asphalt shingle. No hot mop, tar and gravel, tin, 3 galvanized metal or sod roofs shall be allowed. do Ail structures to be erected on the subject property shall be of normal and traditional shape, design, style, materials and colors consistent with a quality residential architecture of attractive design. Geodesic domes, "A" frames, flat tops and other unconventional, modernistic or experimental styles shall not be allowed. Exterior siding on residential structures shall be of low or no maintenance materials including vinyl, non-reflective metal, stucco, brick, stone, permacrete or glass or attractive combinations thereof. The siding on an accessory storage building shall match the siding of the house. 4. ALLOWED VARIANCES. Lots 4 and 5, Block 1, Iron Horse Station Subdivision, are zoned community commercial and are not subject to these restrictions and covenants. Lots 1, 2, 3, 4, 5, 6 and 7, Block 3, Iron Horse Station Subdivision, are zoned community commercial and designated as an "assisted living" area and are not subject to these restrictions. Blocks 6, 7, and 8, Iron Horse Station Subdivision, are not subject to these restrictions. However, Developer reserves the right and power, pursuant to 70-15-301 MCA in its sole discretion to subject Blocks 6, 7 and 8 and Lots 1, 2, 3, 4, 5 and 6, Block 3~ of Iron Horse Station Subdivision to the provisions of this Declaration by executing and recording an Amendment to this Declaration, without consent or approval of any other owners of lots subject to this Declaration. 5. BUILDING AND USE RESTRICTIONS. a. Any structure erected on any lot shall be of new construction, and no structure including manufactured homes of any type shall be moved onto any said lots. Any structure 'erected on any lot shall be commenced within sixty (60) days after equipment and material to be used in the construction are moved onto the location, and all construction shall be pursued with reasonable diligence. All construction debris is to be removed within fourteen (14) days after finish of the exterior. No trailer, mobile home, basement, tent, shack, garage, or other outbuilding situated or erected shall at any time be used for residential purposes, temporarily or permanently, and the exterior of the dwellings shall be finished in its entirety before the dwellings can be 4 go occupied. No antennas or satellite dishes exceeding one meter in diameter or diagonal measurement shall be installed on the exterior of any building, in a yard, or on common elements without prior written approval of the Architectural Review Committee. Owners may have a professionally installed small satellite dish or antenna, not exceeding one (1) meter in diameter or diagonal measurement, inconspicuously placed in the yard at the back or side of their home, duplex or triplex, or on the exterior surface of their home, without prior approval of the Architectural Review Committee. The location of the satellite dish must comply with the ordinances of the City of Laurel. Ail residences shall conform to the setback requirements of the City of Laurel Zoning Ordinance and the following: No residence or other structure shall be located on any of the lots so that any part of such structure, other than entrance vestibules, awnings, or minor decorative fixtures, is nearer than 20 feet from the front line of the lot on which the structure is located. ii. No building shall be located less than five (5) feet from either side lot line of the lot on which the building is located~ measured from the lot line to the nearest wall of the building, (the setback). In addition, two story homes must comply with the side setback restrictions set forth in the zoning ordinances of the City of Laurel in effect at the time of construction of the home. Livestock or poultry shall not be kept or maintained on any lot, nor shall domestic pets be kept or maintained for breeding or commercial purposes on any lot. A maximum of two dogs or two cats can be kept by the owners of any one residence. Animal kennels must be placed within twenty (20) feet of the residence and in an area which is inconspicuous and removed from direct view of neighbors and the primary road and owners shall be responsible for cleaning up after their pets. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which might become an annoyance or nuisance to the neighborhood, or that is unsightly, unclean or presents a hazardous condition. No trash or obsolete materials shall be allowed to accumulate on any of the 5 above described lots. No non-operating or non-licensed vehicles or portions thereof shall be permitted on any lot, except inside a garage, nor shall any motor vehicles used in organized or unorganized automobile or stock races be stored or maintained on said premises, except inside a ~arage. j o Ail trash or other refuse cans and containers shall be kept in 9arages or in enclosures such that they are concealed from view. No burn±n~ barrels shall be allowed in any of the areas. Garbage cans shall be located to the rear of the dwellin~ or within the garage, except on days ~arba~e pickup is made. No clothes line poles, wires or devices for hanging clothes shall be erected on any lot or building. A retractable clothes line is permissible if it is retracted when not in use. k. Fences shall comply with all ordinances enacted by the City of Laurel in effect at the time the fence is erected. All fences shall be erected of plastic, masonry, stucco, or ornamental iron. No chain-link or wire material, railroad ties, rubber tires, rubble or salvaged material shall be used. 1. No trailer houses, boats, snowmobiles, motorcycles, motorbikes, touring vehicles, recreational vehicles, motor homes, or other similar vehicles, and no abandoned, junked, or wrecked vehicles, shall be stored for more than seven (7) consecutive days on any lot, unless the same are enclosed so that they will be concealed from the view of streets and lots which are adjacent to the lot on which they are located. 6. LANDSCAPING AND SIDEWALKS. Within six months after residence is occupied there shall be planted, maintained, and in case of death or destruction, replaced by the owner, two trees in the boulevard, or if there is no boulevard, in the front yard, and two trees in the back yard or side yards of the lot on which such residence is located. Corner lot owners must plant two trees in the boulevard on each of the street frontages. Each deciduous tree shall be at three feet maintained, eradicated. Lot least six feet in height; evergreens shall be at least in height. Also a lawn must be installed and and all weeds and noxious growths shall be abated or owners are responsible for the cost of putting in 6 sidewalk which will meet the ordinance requirements of the City of Laurel. Trees placed in the boulevard shall be specified as to location and variety by the Developer. Lot owners must sod, irrigate and care for the boulevard area between their lot's sidewalk and street. 7. DEVELOPER OVERSIGHT. An Iron Horse Station Oversight Committee composed of three individuals may be appointed by the Iron Horse Station, LLC to enforce, oversee, and supervise the building and development of the subdivision. The majority of the Committee may designate a representative to act for it. In the event of death or resignation of any member or members of the Cor~mittee, Iron Horse Station LLC., shall have full authority to designate a successor or successors. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. The Oversight Committee shall be dissolved when the Homeowners Association is established. 8. FORMATION OF HOMEOWNERS ASSOCIATION. When eighty percent (80%) of the lots subject to this Declaration have been sold, the Homeowners Association shall be formed by the owners. The owners shall have the power to file Articles of Incorporation, form a Homeowners Association with Bylaws and record the documents with the Yellowstone County Clerk and Recorder. 9. MAINTENANCE. Upon purchase of a lot, maintenance fees of $75.00 per lot will be assessed in January of each calendar year. Lot owners adjacent to any parkland, or the Nutting Drain, or East Maryland Lane, will be responsible for mowing and trimming those areas until Homeowners Association is in place. 10. TP~AILS/SIDEWALKS/PAT~WAYS. Trails, sidewalks and pathways provide access throughout the subdivision: Pedestrian traffic shall be limited to the trail system as much as possible. No motorized vehicles shall be allowed on trails, sidewalks and pathways in the Iron Horse Station Subdivision. 11. ARCHITECTLrR_AL REVIEW. Architectural Review Committee. So long as Developer owns any of the above-described lots, or any Lots in Iron Horse Station which are hereafter subjected to the 7 provisions of this Declaration, Developer shall have the sole authority to appoint an Architectural Review Committee (ARC), to review any and all plans for homes or for improvements to any lot subject to this Declaration. The initial members of the ARC shall be Marvin Brown, Janet Brown, and Jeanna Fry. Upon sale of all lots by Developer and Iron Horse Station, LLC, the Association shall appoint the members of the ARC. Iron Horse Station, LLC, in its sole discretion, may elect to turn over its power to appoint the ARC members to the Association at any time prior to sale of all lots. (b) Required Plan Review. Except for homes and other improvements constructed by Iron Horse Station, LLC, no home or other improvement shall be erected, constructed, placed or maintained upon any lot, nor shall any remodeling, reconstruction or alteration of a building's exterior be made or continue to be made, unless and until the same has been approved in writing by the ARC. Owners must also obtain approval of the ARC to any changes to approved plans if those changes affect the exterior of the building or other exterior home or improvement. (c) Review Application. Before beginning the construction of any home or other improvement, and before beginning any alteration of an existing building's exterior, the person desiring to erect, construct, or modify the same shall submit to the ARC two sets of the following plans for the proposed home or other improvements, and any other information requested by the ARC. Site Plan: A site plan showing: 1) the location of all improvements including structures, fences, walls, driveways, parking areas, utilities, outbuildings, decks; and 2) existing topography and contour in relation to the proposed home or other improvement and cut and fill excavation requirements; and 3) other pertinent information relating to the home or other improvement. ii. Building Plan: A building plan which shall consist of: 1) the Structures dimensions; and 2) elevation drawings or sketches of the exterior of the Structure(s); and 3) information concerning the exterior of the Structure(s) which shall indicate all exterior colors, materials and finishes, including roof, to be used. The ARC may, in its discretion, require the Owner to furnish additional specifications, drawings, material samples or such other information as it deems necessary for the purpose of reviewing the application. (d) (e) (f) Basis of Approval. Approval by the ARC shall be based, among other things, on; a) conformity and harmony of external design with neighboring homes or other improvements, b) the effects of location of the proposed home or other improvements on neighboring Lots, c) relation of home or other improvements and finished ground elevations to existing topography and grades, d) the overall aesthetics of subdivision; and f) the conformity of Plans to the provisions of this Declaration. Decision. The ARC shall render its decision with respect to an application within ten (10) days after the receipt of a complete application. The decision of the ARC can be in the form of an approval, a conditional approval, or denial and shall be in writing. A copy shall be mailed to the applying Owner, and to the Association's Board of Directors. Non-Liability. Neither the ARC nor any member thereof, or the Developer or any partner, officer, employee, agent, successor or assign thereof, shall be liable to the Association, any Owner or any other person for any loss, damage or injury arising out of or connected with the performance by the ARC members of their duties and responsibilities by reason of a mistake in judgement, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve an application. The aforementioned parties will not make decisions on, and assume no responsibility for; a) the structural capacity, safety features, or building code compliance of any home and other improvement, b) whether or not the location of a proposed home and other improvement is free from possible geologic or natural hazards, or other possible hazards caused by conditions occurring either on or off the subject property, c) the internal operation or functional integrity of any home and other improvement, or d) any City of Laurel, Montana zoning ordinance or building code violations. Every person who submits an application to the ARC, by submission of such an application, and every Owner by acceptance of a deed to any lot agrees not to bring any action or suit against the Association, its Board, members of the ARC, or the Developer or its owners, officers, employees, agents, successors or assigns to recover damages resulting from the architectural review process set forth herein. The decisions of the ARC and the requirement to obtain 9 approval of the ARC may be enforced by the Development Oversight Committee, the Association, or by any Owner, by bringing an action for specific performance, or for an injunction, prohibitory or mandatory. Such actions shall be timely if brought within four months after it becomes apparent that an owner has not obtained the required approval or has deviated from the approved plans, whichever occurs later. In any such action, the prevailing party shall be entitled to recover from the losin~ party all costs and attorney fees incurred. Homes Exempt From Review. Plans for homes to be constructed by Iron Horse Station, LLC shall not be subject to review by the ARC and Iron Horse Station, LLC need not submit its plans to the ARC. 12. RIGHT TO ENFORCE. The restrictions herein set forth shall run with the land and bind the present owners, their heirs, devisees, trustees, and assigns; and any and all parties claimin~ by, through or under them, shall be taken to hold, a~ree and covenant with the owners of said lots, their heirs, devisees, trustees, and assigns, and with each of the owners of said lots, to conform to and observe said restrictions as to the use of said lots and the construction of improvements thereon; but no restrictions herein set forth shall be personally bindin~ upon any corporation or person except in respect to breaches committed durin~ its or his ownership of or interest in said land. The owner or owners of any of the above lands, the Developer Oversight Committee and IRON HORSE STATION, LLC shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of, or to enforce the observance of, the restrictions set forth above, or hereafter imposed, in addition to the ordinary legal action for damages. The failure of the present owners, or the owner or owners of any above-described lot to enforce the restrictions herein set forth at the time of any violation thereof shall not be construed as a waiver of the right to do so. When the initial sale of all lots is completed, IRON HORSE STATION, LLC's right to enforce these restrictions is terminated. Invalidation of any one of these covenants or restrictions by judg~aent or court order shall in no way affect any of the other 10 provisions which shall remain in full force and effect. The losing party in any action, lawsuit or arbitration proceeding brought to enforce these Restrictive Covenants shall be obligated to pay the reasonable attorney fees incurred by the prevailing party, together with costs incurred in the lawsuit or arbitration proceeding. Costs and attorney fees shall be a lien on the property of the violating owner and may be foreclosed in the same manner as a construction lien. 13. AMENDMENT. These restrictions and maintenance obligations may be amended or rescinded, in whole or in part, and additional provisions added, only with written consent of at least sixty-six (66%) percent of the lot owners of lots subject to these restrictions and obligations. No amendment shall be effective until it is recorded in the office of the Yellowstone County Clerk and Recorder. Each lot has only one vote. Co-ownership or joint ownership of a lot shall be considered as having only one vote. If any lots are still owned by the original Developer, the consent of the original Developer is required to change the Restrictions and Covenants in whole or in part. DATED this IRON HORS~ STATION, LLC STATE OF MONTANA ) : County of Yellowstone ) SS. This instrument was acknowledged before 2005, by IRON HORSE STATION, LLC. me on (SEAL) Notary Public for the State of Montana Residing at Billings, Montana My Commission Expires 200 11