Staff Report/Annexation and ZoningTri-City Planning Office
17 Second Street East --- Suite 211
Kalispell, Montana 59901
Phone: 5-150
'a: h 751-1858
triity*enu ryl. net
www.tricityplanning-mt.com
RETO, REPORT Kalispell Mayor and City Council
i Nard.a A. Filson, senior Planner
Chris A. K ,k.lski, City Manager
SUBJECT Russell Purdy Request for Annexation and Initial. Zoning
Designation of R-2 PU
MEETING E: July 6, 2004
BACKGROUND: This is a. request for annexation and an initial zoning designation of
R-2, Single Family Residential, with a Planned Unit Development overlay on
approximately 30.768 acres, Filed concurrently with the annexation and initial
zoning designation is a. request for preliminary plat approval of Bowser creek Estates.
The Propel is located northwest of Kalispell on the southwest corner of Three Mile
Drive and Stillwater Road. It is the intent of this PUD to allow a mix of housing types
that include 54 detached single family lots, and 42 two unit townhouse lots along
with two neighborhood commercial lots. It is anticipated that the subdivision will be
developed in four phases. The PLED zoning overlay provides a mec .an .sin for the
developer to gain flexibility in lot sizes, housing types and site configuration that
would not otherwise be allowed under the traditional R-2 zoning designation,
The zoning and subdivision were redesigned in response to concerns expressed at a.
previous planning board meeting about the number of townhouses, road crossings
and flood lain. The staff recommended approval of the subdivision subject to the
l.sted conditions that includes a reconfiguration of lots along the south border to
single family rather than townhouses and to include a. reservation of right-of-way to
access the property to the merest and avoid an additional access onto Three Mile Drive
in the future.
The Kalispe . City Planning Board met on June 9, 2004 and held a public sear ng to
consider this proposal. At the public hearing, there were several neighbors from the
area that spoke e in opposition to the subdivision primarily because of the density and
impacts on neighborhood ood character. They also cited concerns relating to an increase
in traffic and impacts to the noodplam and riparian corridor running through the
property.
The planning board discussed the request and issues related to the transitional
nature of the area. They shared the concems of the neighbors and amended the
conditions associated with the plat to include a landscape buffer between the existing
neighborhood to the south and the subdivision as well as a condition to require a ten
foot setback for the single family homes rater than the requested five feet. A motion
was made and passed on a unanimous vote to forward a recommendation that the
Providing Community Planning Assistance To:
Cliy of Kalispell • City of whitefish s City of Columbia Falls
Russell Purdy Annexation and Initial Zoning R-2
un , 2004
Page 2
Kalispell City Council approve the preliminary plat subject to the recommended
conditions.
RECOMMENDATION: A motion to approve the preliminaxy plat subject to the
recommended conditions would be in order.
FISCAL FELTS:
ALERNVES:
Respectfully submitted,
Narda A. Wilson
Senior Planner
Minor positive impacts once fully developed.
As suggested the City Council.
Report compiled: June 22, 2004
Chris A. Kukul ki
City Manager
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
Staff report #KA-04-11 / KPUD-04-5 and application materials
Draft minutes from 6J9/04 planning board meeting
TRANSMIT DISPEL\ 20041 F 4-- M M
RESOLUTION No. 4905
A RESOLUTION N To PROVIDE FOR THE ALTERATION of THE BOUNDARIES OF
THE CITY of K .LISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A"
LOCATED IN SECTION 11., TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, To RE KNOWN AS PUR Y ADDITION No. , To
ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING
ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a Peation from Russell J. Purdy, the owner o
property located on the southwest comer of Three Mile Drive and Stillwater .load,
requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, the TrI.-City Planning Office ice .as rude a report on the Purdy Annexation Request,
KA - - /KPU - - * dated .Tune 2, 2004, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory e zoned City R-2, Single Family Residential with a PIT overlay on
approximately I acres upon annexation into the City of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 71
Chapter 2, Part 46, Montana Code Annotated,
NOW THEREFORE., BE IT RESOLVED Y THE CITY COUNCIL, OF THE CITY of
KAL ISPELL AS FOLLOWS
SECTION I. That all the real property as described on Exhibit "'A." be annexed to
the City of Kalispell and the boundary of the City -is altered to s
provide, and shall be known as Purdy Addition No. 350.
SECTION 11. Upon the effective date of this .esol do , the City Clerk is directed
to make and certify under the seal of the City, a copy of the record o
these proceedings as are entered on the minutes of the City Council
and file said documents is with the Flathead County Clerk and
Recorder.
From and after the date of Ii 1ire said documents as prepared by the
City Clerk, or on the effective date hereof, whichever shall occur
later, said annexed territory is part of the City of Kalispell and its
citizens and property shall be subj ect to al I debts, laws and ordinances
and regulations in force in the City of Kalispell and shall be entitled
to the same privileges and benefits as are other parts of the City.
SECTION 11 . The teirritory annexed by this Resolution shall be zoned in accordance,
with the Kalispell Zoning Ordinance.
SECTION IV, This Resolution shall be effective immediately upon passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KA. SIDE. L, THIS 6TH .SAY OF JULY, 2004.
Pamela B. Kennedy
Mayor
ATTEST -
Theresa White
City Clerk
Tri-City POffice
17 Second Street East — Suite 211
Kalispell, Montana 559901
Phone: 4 758-1850
Fax* D751-1858
tr eIty�e toryteh et
June 22, 2004
Cris Kukulskia City Manager
City of Kalispell
P.O. Box 19
Kalispell, MT 59903
Re Russell Purdy Request for Annexation and Initial. Zoning Designation of
-2 with. a. Planned Unit Development PU overlay
Dear Chris:
The Kalispell. City Planning Board met on June 9, 2004 and held a Public hearing to
consider a request by Russell Purdy for an initial zoning designation of R-2/PUD,
Single 'amily Residential, with a Planned Unit Development PU overlay upon
annexation into the city. The property proposed for annexation .is located at the
southwest corner of Stillwater Road and Three Mile Drive. The property contains
approximately 31 acres. In conjunction with the annexation and proposed PUD
zoning designation,, a. 98 lot subdivision for the property has been submitted.
itted.
Currently the property is in the County zoning jurisdiction and is zoned R-2,
Suburban Residential, zoning district that has a 20,000 square foot minimum lot size
requirement.
l arda Wilson, of the ri-City Planning Office, presented staff reports KA-0 -11 and
KPUD-04-5 evaluating the proposal. She noted that the PUD allowed the developer
some flexibility with the creation of the two unit townhouses, setbacks on the
buildings and the creation of smaller lots than would be allowed under the traditional
-2 zoning. She noted the zoning also allowed the creation of some commercial lots
near the center of the subdivision along Three Mile Drive. Staff recommended
approval of the proposed -2 PUD zoningupon annexation to the city subject to the
conditions listed in the staff report.
During the public hearing the applicant explained his proposal. and attempts to try to
address the concerns of the neighbors to the south y limiting the number o
tovmhouses and moving the road out of the # ood lain area. Several of the neighbors
from. Two M11c Tracts Subdivision to the south spoke in opposition to the proposal
citing concerns about impacts to the character of the neighborhood, degradation of
the creek area and additional traffic generated onto Three Mile Drive.
The board discussed the proposal and considered the testimony. Two amendments
re made to the recommended conditions of approval by adding a. requirement for
landscape buffer and limiting the five foot setback allowance to the townhouse lots.
.providing Community Planning Assistance To:
• City of Columbia Falls - City of Kalispell a City of Whitefish •
Russell Purdy Annexation and Initial Zoning
June 22, 2004
Page 2
motion was made and passed unantmously to recommend to the Kalispell City
Council that the property be zoned -2 PUD, Single Family Residential, upon
annexation subject to conditions. The recommended conditions are attached as
Exhibit A. The legal description for annexation is attached as Exhibit B.
Please schedule this matter for the July 6, 2004 regular City Council meeting. You
may contact this board or Narda Wilson at the ri-City Planning Office if you have any
questions rega-rding this matter.
Sincerely
Kalispell City Planning Board
George Taylor
President
G NWxa
Attachments: Exhibit A - PUD Conditions of Approval
Petition to annex (original)
Exhibit B - legal description.
Staff report KA-o -KPUD-04-5 and application materials
Draft minutes 6/9/04 planningboard meeting
c w/ Att: Theresa. White, Kalispell City Clerk
c w/o Att : Russell J. Purdy, 241 Commons Way, Kalispell, MT 59901
Whitefish Credit Union, Doug Johnson, Box 37, Whitefish, MT 59937
D & H, 690 N. Meridian Rd., Suite 101, Kalispell, MT 59901
Russell l Purdy Annexation and Initial Zoning
June 22., 2004
Page
EXHIBIT
BOWSER CREEK ESTATES PRELIMINARY PLAT
CONDITIONS OF "I' AL AS RECOMMENDED BY THE
KALISPELL CITY PLANNING BOARD
JUNE 91 2004
The Kalispell City Planning Board is recommending the following conditions to
the Kalispell City Council for the above referenced r-minas plat. A public
hearing was held on this matter at the June 9, 2004:
That the development of the site shall be in s-ubstantial compliance with
application submitted, the site plate., materials s and other specifications as well as
any additional conditions associated with the PUD as approved by the city
co nc(Kalispell Subdivision Regulations, Appendix - Plat)
2. That covenants, conditions, and restrictions for the subdivision shall be amended
to reflect the components of this subdivision and submitted for review and
approval by the Kalispell Site Development Review Committee that includes
architectural standards for both the residential are.d commercial components of
the project, a. provision for the conservation are.d maintenance of common areas
and the private internal roadways that are proposed for the townhouses,
Setbacks s for the townhouses accessed via an interior street shall be measured
from the edge of the roadway and shall be 20 feet in the front and rear and five
feet on the skies with the exception of the zero lot line required to achieve the
townhouse configuration. The covenants, conditions and restrictions shall also
create a. provision for architectural review prior to the application and issuance of
a building permit from the City of Kalispell. (Site Development Review Committee
. The commercial component of the subdivision shall not be developed. until a
minimum of 50 percent of the subdivision has been occupied y the residents.
A c itionaBy, the architecture shall be of a generally residential character with
antic lar attention given to ftitemod access, lour level lighting, adequate
landscaping, unobtrusive signa e and limited hours of evening operation. The
commercial component may conta-in one or more parcels but may not exceed one
acre in size. (Site Development Review Committee)
That the development of lets in the PUD shall be subject to architectural review
as outlined in the application and supporting xaterials 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 ermit. (Site Development Review Committee
That permits be obtained. from the Flathead Conservation District, Montana
Department of Natural Resources and the Montana Department of Environmental
Quality for work done along the Spring Creek Channel or a letter from those
Russell Purdy Annexation and Initial Zoning
June 22, 2004
Page
agencies stating that the scope of work does not require permitting. (FCCD /
DNRC)
. That the plans and specifications for all public infrastructure be designed and
installed in accordance nth the Kalispell Design and Construction Standards
and the Kalispell Subdivision Regulations. 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. 3.0 .
. That an easement shall be obtained from the adjoining property owner to the east
granting the right .t to develop the proposed 60 foot right-of-way for road and utility
purposes and once completed dedicated to the City of Kalis e l as a public
roadway. (Kalispell Subdivision Regulations, Section 3.08 (A)).
. That a minimum 20--foot buffer stria shall be established between. Three Mile
Drive and the subdivision that would include a bike and pedestrian trail are
buffering in the form of bermi.n g or landsc or both.. These improvements are
to be coordinated with. the Kalispell Public Works Department, Parks and
Recreation Department, Flathead County Road Department and Montana.
Department of Transportation.
. 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 ved .ocati.ons. Minimum fire flows shall be in
accordance with Uniform Fire Code Appendix ill -A.
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 Uniform Fire
Code 1 Article 9.
d. Secondary emergency vehicle access shafl be provided at Phase ITT meet the
requirements of the Subdivision Regulations (Section. 3.0and emergency
vehicle access reeds.
e. Due to project phasing it should be noted that hazardous screed abatement will
be required in accordance with City of Kalispell Ordinance 0- .
10, 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).
Russell Purdy Annexation and Initial Zoning
June 22, 2004
Page
11. That the area designated on the plat as "park" shall meet the requirements for
parkland dedication and sail be developed ed in accordance with a pian approved
y the Kalispell Parks and Recreation Director that provides recreational
amenities including but not limited to pedestrian access, irrigation, landscaping
and play equipment so as to provide a recreational component within the
development and not simply left as passive open space. (Kalispell Subdivision
Regulations, Section 3.19).
2. That a. provision be made for right-of-ways within the development that will allow
for the extension of the proposed roadway so that they WIR provide future access
to adjoini.ng pro ertie to the east., (Kalispell subdivision Regulations, section.
3.04).
3. That a detained floodplain study be completed and accepted by FEMA determining
the base flood elevation for the food lain area within the subdivision. No lots
that are within 100 feet of the 100 year floodplain as currently indicated on the
FIRM panels shall be platted prior to the completion and acceptance of the study
area..
14, That a flood lain development permit be obtained from the City of Kalispell after
the FEMA study has been completed and accepted for the proposed creek
crossing.
15, Structures be setback a minimum of 20 feet from the established vegetation line
of the creek if these areas are determined to be outside the too year flood lain.
16. That Lots 14A and B, 15A and B, 16A and B be reconfigured to accommodate
single family dwellings.
17, That a letter be obtained from the Montana Department of Transportation and
Flathead County Road Department stating that the proposed accesses onto Three
Mile Drive (Farm to Market Road) have been reviewed and approved and any
associated and necess>ary improvements have been satisfactorily completed.
(MDOT)
l . That a 60 foot right-of-way reservation be noted on the fmai place in the area of
lots 24, 25 or 26 Phase 2 to provide ingress and egress to the adjoining parcel to
the west and to avoid the potential for an additional future access onto Three
Mile Drive.
19, The roads Within the subdivision shall be named and signed in accordance with
the policies of the Kalispell Public Works Department and the Uniform `traffic
Control Deices Manual and be subject to review and approval of the Kaiisi
"ire Department. (Kalispell Subdivision Regulations, Section 3.09).
Russell Purdy Annexation and Initial Zoning
June 22, 2004
'age
20. The developer shall provide a letter from the U.S. Postal. Service approving the
plan for mail service. (Kalispell Subdivision Regulations, Section 3.22).
21. Street lighting shall e located within the subdivision and shall be shielded s
that It toes not intrude unnecessarily onto adjoining rerties. (Kalispell
Subdivision Regulations Section 3.09(L)).
22. All utilities shall be installed underground. d. Ka.lis e .l Subdivision Regulations,
Section 3.1..
3. A la dsc uffer consistingof a coniferous vegetative screen that hel of six
feet within three vears of plantimze established on the southem boundaa o
the development.. lots - 3.(Kalispell la ni oarc
24. Setbacks for the townhouses will be established at dive feet between the ro e�
bound and the eave of the midi while the setbacks for the single family
homes will be established at tern feet between the plopeLty bound and the eave
of the buildir(Kali ell Planning Boardl
25. That a minimum of two-thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plant submittal.
26. All areas disturbed during development of the subdivision shall be ire -vegetated
with a weed -free rxx immediately after development.
27. That a development agreement be drafted by the Kalispell City Attorney between
the City of Kalispell and the developer outlining and formalizing the te=s,
conditions and provisions of approval. The final plan as approved, together with
the conditions and restrictions imposed, shall constitute the Planned Unit
Development U zoning for the site.
28. That preliminary plat approval for the first ha. e of the planned unit
development t shall be valid for a period of three gears from the date of approval
with an automatic two-year extension as each phase of the subdivision plant has
been completed and filed, (Kalispell Subdivision Regulations, Section 2.04).
Russell Purdy Annexation and Initial Zoning
June 22, 2004
Page
IT B
RUSSELL PURDY I BOWSWER CREEK ESTATES P1JD
LEGAL DESCRIPTION
JUNE 22, 2004
The land referred to in this policy is situated in the Staig of Montana, County of Flalliend and is described as follows:
tract o and J tua ed, I be i ng in the t' rag
West, _ m _ . , ? a as C_'t , IMonta a, and mores particu_,_a�Iv descriheda
47
0 ou
� mm e.n. c i n u at "he O t t c of the o f a l- Q ar �=- of tr No t �a t
Quarter of Sec melon 11, Tom hi 8 North, Range 22 West, _ . . f l- at .ea .
C"ountly, en t an , w.. c-h is-1 a ford rr cap; t o al o g the East
o= .r-v of said INM 414 l/ .
Sow �_�� 0 _1 f � :t Wt, . 1 Feet co TF ? iron z the Point OF
YBeginning of the tract o F land herein ri.; thence
o-h 04'52127111 West 1 1 1. 3 0 f e-t to a found iron i a.d she o t h a t
o of the Plat ' Two 4 1 �a t, P . �� o � ofFlathead unty,
i on an ) : rhea,% among t1lie Note. ,,ounarr o* said. Flat
South " 3 0 F " West 11_ 6 gee t to a found Iron p J. cn the West bounder
o said NE-11}4 and the o t r . t oH of said i at f ttence i v J n
a.L Plat: and along the West boundary of said NE =1
I r , 021 � f € 8 E a S t 4 2" 6. :fl ee t - the
fog '` iron�. y �
No -Tr_ t 1-1 0 2 4 7 5
Ea' s t: 3 _1 7
12 f e ea t
Droximatted
of a creek;
thence l ai rhea' �� ���.�. � � Eleven .o .
North 3 � ' f_ 11 East - . 0 ` e f
�-y x
South 2_5 _12 " 471 11
South ° 1 `3 7 #1 Earl ]_ 6 . feet;
gout r o 3 7' °' East � . 16 r a t
South ° 47 1 3 8" East 31.22 fsf e et ; t
South 5 3 ' 2, 1 9 fast 7.99 Fe_;
`: 4 37 , ,R East . 0 6 feed
South a2 { 3 " a . _5 feet* er
e le 'ng saidthread
5 ° ` 16" East 83.11 Feed, to a set iron pirl. t.? , e
North ' '7 ' �` a t 3 1 . feet to a set -..roe. pin on the �' v W o
Three mile; thence along said Southerly .,{W
o 8 0 n 5-� : 7 " �. { . 2 feet to a _
"t.r ound iron pin, thence
South ' ; .1 i" Ear t 1 . 03 feent to a pound / r oiaurant; thence
s-V outa� -0° / 3 )3 � t- 5 1 , 3,. ,�mto tie Poin of' nmi.
Acco ili nc-T to the " a h ad u n t �y' - 7 y.s the property add.-rfor
r
e' s �� on , moo! low '`` � vn .
BOWSER CREEK ESTATE PLANNED UNIT DEVELOPMENT
REQUEST OR INITIAL ZONING OF R-2 UD UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT KA"- I --5
UNE 2 2004
report to the Ka .s eil City Planning Board and the Kalispefl City Council regarding
an mitial zoning designation of R-2 PIED upon annexation exation to the city of Kalispell.
public hearing has been scheduled before the Kalispell City Flaming Board for June
, 2004 beginnm*gat : o Purl, to consider appropriate zor in for the area property to
be annexed. The iann�r� board will forwa.rd a recommendation for appropriate
zoning to the Kalispell City Council for consideration.
BACKGROUND INFORMATION
The applicant has petitioned for annexation a.tio and an initial zoning designation of -
2 U , a Single -Family id. Residential .strict, on approximately 30.768 acres. This
report evaluates the appropriate, assignment of a City zoning classification in
accordance ce it . Section 2 .o3.010 of the Kalispell Zoning Ordinance. This
property will be annexed under the previsions of Sections -2- - 01 through -2- 10,
M . C, . , Annexation by Petition.
A. Petitioner Owner: Russell J. Purdy
241 Commons Way
Kalispell, MT 59901
(406) 7- 12
VVhitefish Credit Union
Attn: Doug Johnson
P.O. Box 3
Whitefish, MT 59937
T.n3il Assistance: Thomas Dean and Hoskins
o N . Meridian Rd., Suite 101
KahspeU, MT 59901
(406) 752-4
Nature of the Request: This is a request for an initial zoning designation of R- ,
Single Family Residential,, with a. Planned Tait Development overlay on
approximately 30.768 acres, The property is located northwest of Kalispell on the
southwest comer of Three Mile Drive and Stillwater Road. Currently this property
is in the County zoning r 's iction and has a. zoning designation of R-2, a
Suburban Residential zoning designation that has a minimum lot size
requirement ent of 20,000 square feet. It -is the intent of this PUD to allow a mix o
housing types that include 54 detached single family lots, and 42 two unit
townhouse lots and two neighborhood eor.erclal. lots. It is anticipated that the
subdivision will be developed in four phases over a period of 12 Years or less. The
�FIUD zoning overlay provides a mechanism for the developer to a' f e ihty in
lot sizes, housing types and site Configuration that would not otherwise be
allowed n er a strict R-2 zoning,esignation. The R -2 zoning has a minimum lot
sire r equir ement of 9,6 o s uare feet a a minim r lot width of Feet. With a
PUD overlay, ay, the dimensional requirements, setbacks and housing types can be
a -mended but without a. significant increas in the overall density for the site.
The Kalispell Zoning ordinance allows a maximum of seven d ewg omits per
acre under the R-2 zoning designationwith a PUD overlay. This subdivisiori
contains approximately 31 acres with a. total of 98 lots that would be phased as
follows: Phase 1 would Mcl de the area to the east which would include 20 two
nit townhouses and two single family lots. Phase 2 would move to the west With
six two unit tow-nhouse lots and 26 single family lots and the two commercial lots.
This woul.d include the loop road that provides two accesses onto Three Mile
Drive. One would align with. Stillwater Road and one would align with the road to
the north, Blue Crest Drive, in Phase I of Blue Heron subdivision. Phase 3 would
e to the south or these roads and would include six two unit townhouses and
eight single family lots. The final. Phase 4 would include 10 two unit townhouses
and 17 single family lots. The anticipated phasing of the project would occur over
a. number of years.
Bowser Spring Creek runs rather west to east through the property and creates a
significant floodplain area within. the site. Within the creek and floodplai.n area.,
the developers are proposing are a. ro ma.t ly 5.35 acre park area that would be
privately owned and maintained by the property owners. This area of the 100
year flood lain is in a non -detailed d study area and the base flood elevation has
not been established. The developers have s rr 'tted an analysis to FEMA to
delineate the, actual base flood elevation which wfll be evaluated. The developers
are aware no structures or lots can be created or located in the too year
flood lain.
C. Location and Legal Description of Property-0 The property proposed for
annexation and the initial zoning request is located on the southwest corner o
Three Mile Dn*ve and Stillwater Road. The propel address is 400 'three Mile
Drive and it can be described as Assessors 'tract 2 located in section 11,
Toumship 28 North, .range 22 West, P.M.M., Flathead County, Montana.
D. Existing Land Use and Zoning: The property proposed for the PUD has a small
single wide mobile home and. outbuilding which would be removed at the time of
development. Currently this property is in the County zoni.ng jurisdiction and i
zoned - , Suburban Residential, a sip le farr�.i.�y residential zoning district which
has a minimum lot size requirement of 20,000 square feet. This property was
rezoned within the last several years from are agricultural zon designation. As
revio .sly mentioned, a. petition for annexation to the city of Kalispell and an
initial zoning designation of -2 with a PUD overlay has been filed concurrently
with the request for prehrninary plat approval.
E. Adjacent Land Uses and Zoning: This property is located in are area currently
experiencing a. transition from. rural and agricultural uses to urban scale
residential because of the recent extension of public water and sewer to the area..
North: Blue Heron Estates, Beard. and Rescue, rural residentiai, City R-
2 , County SAG-5 and AG-AG-80 zoning
South: Suburban residential subdivision, County R-2 zoning
East: Rural residential., County -1 zoning
West: Undeveloped (proposed. Aspen creek 'U , County AG- o zoning
IF. Proposed Zoning* The proposed R-2, Single Family eside tia , zone lists single-
amEr residences as permitted uses and has a m lot size requirement o
9,600 square feet and a width of 70 feet. The apphcant is requesting a PUD that
would allow the creation of attached sublots in a. two unit townhouse
configuration as well as single-family homes. The PUD mec am'sm provides the
e bility in housing des and the shifting of density to the attached dwellings o
smaller lots.
G. General Lang Use Character: The general land use character of this area can be
described as primarily agricultural land transitioning toward resIdential uses with
city annexation and. services. This area can also be descn' ed as being on the
urban frines of Kalispell and there have been significant development pressures
in the area.
H. Utilities and. Public Services: All available c services and fa.c Mies wiH be
provided to these properties at the same level of service as other properties
similarly situated in the city its.
Sewer:
City of Kahspefl
Water:
city of Ka.sell
Refuse;
contract hauler available
Electricity.
Flathead Electric Cooperative
Telephones
CenturyTel
Schools;
School District # , Kahspefl
Fire:
Kalispell Fire Department
Poke:
Kahspell Force Department
I. Relation to Zoning Requirements: The applicants are proposing annexation
and an initial zoning designation o -2 with. a PUD overlay. The R-2 zoning
district has a minimum lot see requirement of one dwelling unit per 9,600 square
feet or a. rom4 mately 4.5 dwelling units per acre. With. a. PUD overlay the
Kalispell Zoning Ordinance section 27.21.030(4), allows a maximum of five
dwelling units per acre. This property contains a total of apprwdmately 31 acres.
The developer has proposed the creation of 54 single-family lots, 42 attached
dwellings in a two unit townhouse configuration and two neighborhood
conuneroia.l lots.
The overall density of the ,aspen creek Planned Unit Development based on 31
acres would be approximately . o dwelling units per acre, below that which
would be allowed under either the PUD provisions or the traditional R-2 zoning
district. The deviation from the R-2 zoning requirements, which is generaHy
considered single Emily residential, is that this development will have a mix of lot
sizes and housing types and the creation of the neign or ood. commercial lots
contzuffim'g approximately one acre, For msta .ce, the PUD mechanism allows the
creation of individual lots under the requixed 9,600 square feet and would also
allow attached dwellings that would be created with the townhouse configuration.
Essent .a y this would result in a variation to the setback requirements, thereby
allowing a zero setback between dweiling g r its.
NVALUN BASED ON STATUTORY CRIES
The statutory basis for reviewing a change in ors is set fob by 76-2-205, M . C .A,
'Finis of fact for the zone change request are discussed relative to the itemized
cater a. described by -2-203, M.C.A.
Does the requested zone coMpIv with the...gjowth...policy.
The property is designated by the Kalispell Groff Policy future land use map a.s
"Suburban Residential" which anticipates residential development with a density
of up to four dweg omits per acre. Because of the provision of public water
and sewer to the site, the proposed. -2 zonm'g designation is in compliance -with
the future lard use designation for the area.. The R-2 zoninghas a r-n'nimum lot
size requirement ent of 9,600 sou are feet. The -Dro-oosed zoningand associate. PU
is m compliance with the anticipated densities and residential use of the land in
this area. which anticipates ates single-family dwe gs ire urban residential areas.
.dditiona-Uy, the growth policy anticipates neighborhood commercial pods within
established residential areas to scare the needs of the u' =cdiate residents. The
uses within the neighborhood commercial lot would be meted to trade and
services facilities such as sma.11 retail stores and coin operated laiindry are
would not allow gas stations or repair shops, The proposed PUD is m compliance
with the growth pohcy and anticipated development for the area.
2. Is the requested zone designed to lessen congestion m the streets?
Once the property is developed, all of the new development and irdrastr.ct ,.r
will e constructed to city standards. Density and traffic in the area wiH
increase. The increased density will allow for more efficient provision of public
services, M*cluding roads. By increasing the density, the future population of this
site wiH be closer to public facilities. Vehicle trips become shorter, resulting M
fewer nffl s driven.. Also, some residents may choose to walk or ride bicycles at
least some of the time, further redu.cm* g -vehicle congestion.
3. Will the reqUested zone secure safety from fire, panic, and other dangers,
Adequate access and public facilities are available abl to the site in the case of are
emergency. There are no features related to the property which would
compromise ise the safety of the pubhc provided that a. detailed flood plain study L
completed, a . structures are located out of the floodplain areas and all
appropriate permitting is adhere. to. New construction wi be required to he in
compliance with the building safety codes of the City which relate to fire and
building safety. All municipal ser 'ces including police and fire protection
(ire cldinhydrants),grater and surer service is available t-o the area and will be
extended s part of the dcvelopment of this propel.
. Will the requested zones Dromote the health and acne al welfare;
-The recluested onmi classification wiH promote the health and general welfare
y land uses to those that would be Compatible le it . the adjoining
ro ernes and providing a place for new housing ire. the cow n 1.
�
4
5. Will -the requested zone provide for a e air?
Setback, height, and coverage standards for development occurring on this site
are estabhs ed �� the Kalispell Zoning Ordinance to insure adequate fight and air
is rov .ded-
. Wi. the requested zone revert the overcrowds c land?
This area is designated as being within the Kalispell Potential Utility Service
Boundary in the Kalispell Groff Policy and is anticipated for urban residential
development. Now that pubhc grater and sewer are in close proximity, are R-2
zoning designation is appropriate. The anticipated density falls within the
proposed. R-2 zoning designation. All public services and facilities wiH b
available to serve this subdivision. Currently this property is In the County
jun'sdiction and is zoned --2, Suburban Residential, but they do not have access
to public surer and water without t annexation.
. Will the requested zone avoid undue concentration of peo le
The allowable density for this property wiU change as a result of annexation.
Mi .m lot standards and use standards as well as subdivision development
standards will avoid. the undue concentration of people at the tirne the property is
developed.
. Sri. the requested zone facilitate the ade guate provision of trams ortat on watex'}
sewer,a e schools 2ar-s and other -public requirements
All public services and fa.cl it es are currently available or can be provided to the
property. Development should be encouraged in areas where these services are
available.
9. Does the re nested zone e consideration to the arc la7r suitability of the
2Eoperty for j2articnlar uses:
The proposed R-2 zoning district is consistent with the surrounding zorn*nand
land uses in the area and gives die consideration of the suitabihty of this
property for the permitted uses in the district.
10. Does the re nested zone give reasona�le consideration to the character of the
district?
The general character of the area is tnovmg toward urban sized lots for
residential development on City suer. The same type and density o
development can be anticipated to occur on this property that is in the area and
will be consistent with the character of -the neighborhood.
op
I. Wili the =ose zone conserve the value of bufldins.
Values of the buildings in the area will be conserved because the R-2 zoning will
promote compatible uses on this property, compared ith other properties in the
area.
2. Will the re ested zone encourLage. the most 2p-propriate iise of the land
throe .out the m ici arty?
Urban scale residential development should be encouraged in areas were services
and facilities are available such as is being proposed on this parcel. The
proposed zoning is consistent with the future land use designations for the area
and surrounding orm'g m the area..
EV)kLU TION of THE PLANNED UNIT DEVELOPMENT PROPOSAL:
Project Narrative: This is a. request for an initial zoning designation of -2, Single
Family Residential, with a Planned Unit Development overlay on approxirnate�.y 31
acres. The property is located on the southwest corner of Three Mile Drive and
Stillwater Road. The emsti.r, g single -wide mobile home and associated outbuildfiag will
be removed at the time of construction. Two accesses are proposed off of Three Mile
D e that will be phased as part of the development. The property is currently in the
County zoning jurisdiction and is zoned R-2, Suburban Resid ntia which is a single
fami. r residential zoning district that has a 20,000 square foot ` urn lot size
re quire , .ent.
t is the �.r to .tion of the developer to create 96 residential lots that include 54 single
family lots and 42 sublots in a two unit townhouse configuration. Two neighborhood
commercial lots are proposed that would total approximately one acre M size. The
Kalispell Zoning Ordinance aho s a maximum density of five d ewg units per acre
with a PUD in "an #2 district. As proposed the PUD would have a maximum of 98 lots
and 96 dweg units on 31 acres or a density of 3.09 dweg units per acre. The
development of the subdivision would occur in four phases with the first phase being
located at the southwest corner- of Stillwater Road and Three Mile Drive. Each of the
phases is intended to comply with. the City of Ka ..s eil's requirements for fire access
and t rrraro nd areas including the provision of emergency fire access J required.
Where is a significant amount .t f the property that is designated as being within the
100 vear food air since Bowser Spring Creek runs through the property, a year
round water course. A number of lots are located in areas designated as being m the
too year food lain. The developer is a -ware that a detailed ood 1m'n studstudv will need
to be accepted by FEMA (Federal Emergency Management Agency) in order to
determine the base flood elevation eca .se this is in a non -detailed study area and the
actual flood elevation is tinknown, but can only be estimated.
An approximately five -acre area is indicated on the plat to sen;,e as a homeowners
park, storm water retention area and open space area. This area is within the 100
year flood lain and provides a natural amenity to the subdivIsion. The park and open
space area would ld be owned and maintained y -he hor eowners a.ssoc#a.tion and would
not be a a da le for ;use oy the general public,
6
Criten*a for the Creation of a Planned. Unfit DevelopmentDistrict
The following information and evaluation criteria are from Section. 2 .21.. o2 2 , of the
Kaiis e . Zoning Ordinance. The intent of the planned unit development provisions
.r'e to provide a onm*g district classification which allows some flexibility in the zoning
regulations and the ag of uses which is balanced with the goal of preserving and
enhancing the integrity of the neighborhood and the environmental values of an area.
The zoning ordinance has a provision for the creation of a PUD district upon
annexation of the property into the city.
Review of ARPplication Based Upon PUD Evaluation Criteria: The zon Mg
regulations provide that the planning board shall review the PUD application and plari
based on the following criteria:
ria:
. The extent to which the plan departs from zoning and subdivision
regulations otherwise applicable to the subject property, including, but not
limited to, density, bulk and use, and the reasons why such departures are
or are not deemed to be in the public interest;
The planned unit development deviates frorn the onm' g with regard to the housing
types that would be anticipated in the development whIc . would be primarily attached
single family residential. Essentially this will result in a zero lot hne setback between
the units. Additionally there may be a. deviation from the nuni-mlot size
requirement of 9,600 square feet of the .-2 zoning district as well as the minimum lot
widths of 70 feet primarily to accornr o .ate the anticipated variety of housing des
within the development. setbacks are proposed to be at five feet rather than the
required 10 feet under the R-2 zoning. In order to achieve this density determination,
the area within the 100 year floodplain that would be developed as a homeowners
park, open space area and sto= grater retention area.. There is nothing in the zoning
ordinance that prohibits the use of the floodplain and steep slope areas within a. parcel
M calculating allowable density within a. site.
Additionally the developer is requesting a deviation from the traditional R-2 zoning
designation y requesting the creation of a. snail commercial area near at the western
entrance to the site at Blue crest Drive and. Three Mile Drive. The establishment o
neighborhood commercial is anticipated in the Kalispell Groff Policy 2020 to provide
goods and services to the local residents. The location and timing is important so the
neighborhood it serves is well -established prior to the development of the con-uner-cial
component. The proposed location of the commercial lot is questionable because o
the potential traffic convicts and the proximity to the anticipated Kalispell Bypass,
This matter went before the Kalispell Site 'Development Review Committee for
consideration and discussion on May 20 and. May 27, It is the recommendation of the
committee that the neighborhood commercial rot be timed so that the commercial
component be developed when the subdivision is somewhat occupied.. Additionally,
the development of the neighborhood commercial site should be of a r- sid.entia
architecture and developed to be com ati ie with the subdivision including tasteful
landscaping, signage, lighting, colors and materials. Access to the cornrner-ciad
component is anticipated to be from a d ew y off of the internal subdivision road and
riot ` direct access ror . Three .� ile Dive.
The zero lot ire setbacks for the townhouses are a. deviation from the zoning
ordinance as is the neighborhood commercial and interior, private access roads to the
townhouses. There are materials s missing; from the appEcation M' c u.din elevation
drawin , architectural renderings and the proposed covenants, conditions and
restrictions that would dictate the review are.d approval of new development M the
subdivision and provides a guarantee of architectural integrity are.d compatibility,
These will be required to be provided to the KalispeU Site Development Review
Committee for approval prior to submittal with the application for final plat for the
first phase of the development.
2. The nature and extent of the common open space M the planned
development project, the reliability of the proposals for maintenance and
conservation of the common open space and the adequacy or inadequacy of
,e amount and function of the open space in terms of the land use,
densities and dwelling types proposed in the per;
Open space is defined in the KalispeU Zoning Ordinance as "Any part of a lot
unobstructed from to ground, upward,. Any area used for parking or maneuvering o
autornotive vehicles or storage of equipment or refuse shajU not be deemed open
space." However, on a practical basis open space is much more than simply the
undeveloped land around a building that could mean the setback areas. A park area
is ind.ica.ted on the preliminary plat that would be developed as a homeowners park,
storm grater retention area and general open space, most of which is m the 100 year
floodplam and, would be otherwise un uild.a le. The developer will be responsible for
developing amenities within the park and open space areas as outlined in the PUD
proposal including walking paths, picric area and other appropriate amenities and
then a homeowners association would be responsible for the maintenance of the
common area and open space once the subdivision is developed. Covenants,
conditions and restrictions will be required to be submitted that add-ress the
conservation and.- maintenance of the park and open space a.rea.s. If properly
developed and maintained it appears that the proposed park and open space areas wi
provide adequate useable park and open space area for the subdivision with easy
access by the residents.
3. The manner i which said plan does or does not make adequate provision
for u oservices, provide adequate control over vehicular traffic and
further the amenities of light or air, recreation and visual enjoyment;
;
The extension of pubuc water and serer to the site will be required to serve the
subdivision. Most of the public utilities will come from the east where they are
available the Three Mile Drive right-of-way. The developer vviR be required o
develop to utilities in accordance with the KalispeH Standards for Design are
Construction. Ad ditiora r, new roadwa s wiH reed to be constructed and are
ind.ica.ted or the overall e relo me .t plan for the PU _ The internal roadway
providing primary ` access will connect to a proposed u li.c street to the west that has
been anticipated to be extended to connect with this property as well as a proposed
right o wad M the Wiest for a future connection should this property be deveioped.
The staff is recommending that 60 :foot right-of-way reservation e noted on the plat it
the area of moots or 2L of 'Phase o provide access to the propertv to the west in
order to avoid the potential for an ad did onal access onto Three Mile Drive.
There are four phases proposed for the subdivision with the first development phase
being located to the east and the development of an intersection at Stfflwater Road are.
Three Mile Drive, this corner being the closest to existing public tilities. The second
phase of the PUD is to the southwest and the phasing is indicated to be mom
further east with finally a road crossing over the creek. In order to develop a crossing
over the creek the developer wiU be required to obtain floodplain development permit
from the City of Kalispell and a. 3 to permit from the Flathead Conservation District.
The design and rat re with regard to housing types are.d lot sizes are a. mix of single
family and townhouses in a two unit configuration. Speck elements of the
architecture have not been submitted with the PUD application and wifl reed to be
developed and rovide a mechanism for architect ral review.
Storm water management will be required to be handled and retained on site and a
retention area is show in a portion of an area indicated as the 100 year floodplain.
This is a natural ral s ale and appears that it could be are overflow area to the creek. No
detailed plan for handling raina e has been submitted with the application an
mull not be required at this time, but as the project develops are engineered . raina e
.an will need to be designed in accordance ce with. City standards and will be reviewed
and approved the Kalispell Elubhc Works Department.
Parkland .e lica ion is proposed to be addressed through the dedication of a. private
park area. within the 100 year floodplain near and around the creek that exists on site.
'there is significant vegetation that should be preserved that appear to be primarily
aspen and birch.. The park area will need to be developed with recreation2l amenities
that keep them well maintained and functional. Passive open space wiH be part of the
park amenities and will reed to be conserved and adequately maa'ntained in a weed
free state. Actual Park areas will be developed with walking paths, irrigation,
landscaping and recreational amenities.
Although, more of a safety issue man a recreational or park amenity, a. 20 foot wide
buffer will be developed along Three Mile Drive and the staff' would recommend the
integration of some type of pedestrian walkway. This requixernent is consistent with
the treatment of other subdivisions in this area and wi e e t all r provide a
connected pedestrian access system along this very busy, but narrow roadway.
. The relationship, beneficial or adverse, of the planned development
pr 01 Ject upon the neighborhood in whichproposed to be established;
The overall design ofthe ie PUID and future development for this subdivision has created
a. -Lnix of housing tomes and ari integrated park and open space component as well as a
small neighborhood commercial component. As proposed it appears to be a well -
integrated design with the exception of assumptions being made about the .ocat�on of
th.e 100 year floodplain and the location of homes Within those areas. Additionally
some of the townhouses are being proposed right along the riparian areas and will
likely have to be relocated or e .ir. i atc .. The provision and extension of public
utilities to the Three Mile Drive area has created an area in transition that has riot
been gradual. Within the immediate area there have been several urban scale
subdivisions which acre moved i, to this neighborhood that was pre rio .si or.. r�atec
by large tract rural residential and a ncu t ral uses. However, the urban densities
s cn as those being proposed are e essa z Lo ina e these subdivisions eonomica.liy
9
feasible. The cost of rural lard along with the extension of utihties and development of
urban infrastructure require densities such as those being proposed. Without urban.
densities the costs per lot create housing that is affordable only to a few elite and not
to the median or even above income levels. Even at this density, affordable a. .o sing is
difficult to achieve. Benefits to the public primarily relates to affordable housing stock
in a safe and healthy environment. The proposed subdivision is consistent with the
typo and density of development that would be anticipated for this area,
.e sty is recommending that Lots 14A and B, 15A and B, 16A and B be
reconfigured to single family residential lots consistent to the single farnfly residential
lots that adjoin this area to the south and to avoid the encroachment of development
in the riparian corridor to the east.
51 . the case of a plan which proposes development over a period of years,
the sufficiency of the terms and conditions proposed to protect and
maintain the into ity of the plan whichfinding shall be made only after
consultation with the city attorney;
The application states that it is anticipated that the subdivision would achieve full
build out in approximately 12 years. However, with the current rate and growth o
development, build out could take place in half that time. The four phases in the
subdivision i.vision could act alit/ be developed as stand-alone units provided they can meet
fire access requirements. With past PUD proposals the City of Kalispell has been
entering into a development agreement with the developer that has adequately insured
and maintained the overall integrity of the development, the installation of required
infrastructure., architectural integrity and proposed amenities as well as the impacts
the development may have on adjoining properties.
6, Conformity with all applicable provisions of this chapter.
No other specific deviations fror . the Kalispell Zoning Ordinance can be identified
based upon the information submitted with the application other than those
addressed in the beginning of this report.
RECOMMENDATION
1, That the development of the site shall be in substantial compliance with
application submitted, the site plan, maten*als and other specifications as well as
anv additional conditions associated with the PUD as approved by the cif �v
council. (Kalispell Subdivision Reg latio ,s, Append C - Final .at
. That covenants, conditions, and restrictions for the subdivision shall be ar n .e .
to reflect the components of this subdivision and s n tted. for review and
approval by the Kalispell site Development Review Committee that includes
architectural standards for both the residential and commercial components o
the project, a provision for the conservation and maintenance of common areas
and the private internal roadways that are proposed for the townhouses.
Setbacks for the townhouses accessed - a are interior street shall be measured
from the edge of the roadway and shall be 20 feet in the front and rear and five
Feet on the sides with the exception of the zero lot line required to achieve the
10
tawnhouso configuration. The covenants, conditions and restrictions shall also
create a. provision for architectural review prior to the application and issuance o
a building permit from the Cl-ty of Kalispell. (Site Development review Committee
3. The commercial component of the subdivision shy not be developed until a
minimum of 50 percent of the subdivision .as been occupied by the residents.
Additionally, the architecture shall be of a generally resi.dential. character with
particular attention given to internal access, low level lighting, adequate
landscaping, uno trusi e signa. e and limited hours of evening operation. The
commercial component may conta 4n one or more Parcels but may not exceed one
acre in size. (Site Development review e o n=t t )
. That the development of lots in the .BUD shall be subject to architectural, review
as outl.m d in the application and supporting materials and a letter be submitted
to the Kalispell Site Development Review Committee from the Architectural
Review Committee e of the homeowners association prior to the issuance of a
building errm*t. (site Development Review Committee)
. That pertnits be obtained from the FlatheadConservation District, Montana.
Department of Natural Resources sees and the Montana. Department of Environmental
Quality for work done along the Spring Creek Channel or a letter from those
agencies stating that the scope of work does not require permitting. F CCD
D NRC
That the plans and specifications for all public infrastructure be designed and
installed m accordance with the Kalispell Design and Construction Standards and
the Kalispell Subdivision Regulations. 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. .
`. That an easement shall be obtained from the adjoining property owner to the east
rant -in the right to develop the proposed 60 foot right-of-way for road and utility
purposes and once completed dedicated to the city of Kalispell as a. public
roadway. (Kalispell Subdivision Regulations, Section. 3.0(A)).
a That a minimum 0- oot buffer str shall, 10le established betsvee.,n Mile
Drive and the subdivision that would include a bike and pedestrian trail and
buffering in the form of berming or landscaping or both. These improvements ements are
to be coordinated with the Kalispell Public Works Department, Parks and
Recreation Department, Flathead County Road Department and Montana
Department of Transportation.
9. The following requirements shall be met per the Kalispell Fire Department:
Kalispell Subdivision Regulations, Section 3.20).
a. Water ma -Ins designed to provide minimum fire bows shall be installed per City
spec ilications at approved locations. Minimum fire flows shall be in
accordance with, Uniform Fire Code(1997)Append 111-A.
. Fire hydrants shall be provided per city specifications at locations approved
by this department, prior to combustible construction.
.l 1
c. Fire Department access shad be provided in accordance with Uniform Fire
Code Article 9.
d.. Secondary emergency vehicle access shall e provided at Phase IV meet the
requirements of the Subdivision Regulations Section 3.0and emergency
ency
vehicle access needs.
e. Due to project phasing it should be noted that hazardous geed abatement wiH
e required in accordance with Cif of Kalispefl Ordinance o- .
0. 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 Su divi-slon Regulations, section 3.11)
1. That the area designated on the plait a `Park" shall meet the requirements for
arkland dedication and shad.l be developed in accordance with a plan approved
y the Kalispell Parks and. Recreation Director that provides recreational
amenities including but not limited to pedestrian access, irrigation, landscaping
and play equipment so as to provide a recreational component within the
development and not simply left as passive open space. (Kalispell Su div .siorl
Regulations, Section 3.19).
2. That a. provision be made for right-of-ways vvithin the development that will allow
v
for the extension of the proposed roadway so that they will provide future access
to adjoining r a erties to the east. (Kalispell Subdivision. Regulations, Section.
3..
3. That a detailed food. lain study be completed and accepted by FEMA determining
the, base hoed elevation for the floodplain area within the subdivision. No lots
that are within too feet of the 100 year floodplain as currently indicated on the
FIRM panels shall e platted prior to the completion acid acceptance of the study
area.
14. That a floodplain development permit be obtained from the City of Kalispell alter
the FEMA study has been completed and accepted for the proposed creek
y
crossing.
1 b Structures be setback a minimum of 20 feet from the established ve etation line
of the creek if these areas are deterrm'ned to be outside the 100 year floodplain.
16. That Lots 14A and , 15A and B, 16A and B be reconfigured to accommodate
single family dwellings.
17. That a letter be obtained from the Montana Department of Transportation and
Flathead County Road Department stating that the proposed accesses onto Three
Mile Drive arm to Market Road) have been reviewed and approved ed and any
associated and necessary im rovemer is have been sa.t .s. a t r y completed..
(MDOT)
. That a. 60 foot right-of-way reservation be rioted on the final place in the area of
lots !; 25 or 26 Phase 2 to provide ingress and egress to the adjoining parcel to
12
the west and to avoid the potential for an additional future access onto Three Mlle
Drive.
. The roads within the subdivision shall be named and signed in accordance With
the policies of the Kalispell Public Works Department and the Uniform Traffic
Control Devices Manual and be subject to review and approval of the Kalispell
Fire Department. (Kalispell Subdivision Regulations, Section 3.09).
20. The developer shall provide a letter from the U.S. Postal Service approving the
plan for maid. serv'ee. (Kalispell Subdivision Regulations, Section 3,22).
21. Street lighting shall e located with. the subdivision and shall be shielded so
that it does not intrude nnecessan'ly onto adjoining properties. (Kalispell
su di.vislon Regulations Section. . L .
22. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17).
23. That a. minimum -two-thirds o the necessary infrastructure] for this s d* ision
shall be completed rior to final plat submittal.
24. All areas disturbed during deveiapment of the subdivision shall be re -vegetated
with a. weed -free mix inunediately after development.
. 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 ns and provisions of approval. The final plan as approved, together with
the conditions and restrictions imposed, shall ons it to the Planned Unit
Development l_T ) zoning for the site.
26, 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 with are.
automatic three-year extension as each phase of the subdivision lat has been
completed and filed. (Kalispell Subdivision Regulations, Section 2.04).
Thomas, Dean & Hoskins Inc.
-yam
M1M15
......... r
Engineering Consultants
May 5, 2004
Tom Dent
Tri-Clity Flaming Office
Ford Bldg, -2nd St. E., Ste. 211
Kalispell, MT 59901
e: Bowser Creek Estates
Dear Tom.:
Attached are the following
"'Y ,3
0 -- 2004
TRI41TY PLANNING OFFICE
i Petition for Annexation and Initial Zoning T R-;
• Petition to hex and Withdraw(certified)from Rural Fire District
• Application for Planned Unit Development — -2 UD
- S p rti I arra_ e
- Vicinity Map with Zoning Designations
- Draft CCU." s
- Architectural Standards
• Preliminary Plat Application
Title Report
Certified Adjacent 0,vvnership List
- I set I 1x I —Preliminary Plat
- 20 sets — Preliminary Plat
• Review Fees
- Annexation - 198.84
T P.U.D. - 34.
$1 .6 .44
Please contact us if you have any qu'estions.
i eerely.
THOMAS�IDErN &HQSK.INS, INC.
"�A 'P,
�ichael W. Fraser, P.E.
MW : ear
'ei: as referenced acre
-001
ri-City Planning Office
17 Second St Easy Suite 211 RFCEIVED
Kalispell, MT 59901
Phone: - Fax* (406) 751-1858 MAY 0 5 2004
TM,CITY PLANNIW OFFKE
PETITION FAR �'VTTEXATION A.ND INITIAL ZONLYG
CITY OF KkLISPELL
NAME of A. ANT 11 J Pur
IMF. ADDRESS: . . . . ..... ...1 C..... ..ommons Way
CITY/STATE/ZIP-
Kalispell, MT 59901
INTERESTIN PROPERTY: Sale o + (Whitefish Credit io -FI-n n
Other Parties of Interest to be Notified:
ARTIES of LN�REST: Wh i t e f i s h C d � �- r
MAIL,M)DRESS: . o........ .. . o 7
Wh........ . .itefis........... . ....h, XIT 59937
INTEREST IN PROPERTY n i.
PLEASE COMPLETE TIH FOLLOWINGS
Addressof the property:
Legal es r ption.-
oo Three Mile Drive, Kalispell, MT 59901
(Lot and Block of Subdivision; Tract
Sep.. W C.O.S. 15989
(Section., Township, Range) (attach metes and bounds as Eli A
Land in project (=)
30.768
The present zoning of the above property is: Coon -
The proposed zoning of the above propel is: Kalispell .-UD
State the changed or changing conditions that make -the proposed amendment
Proposed mixed use subdivision. Single mil lots t custers of
r lti a i. Two neighb.orhood commercial lots*
The signing of this application sigliffies that the foregoing information is true and accurate based upon the
best information available and further grants approval for "ri-C Plan-ning staff to brZ.- present � e
Property for routine ins ec i n .rin the annexation process.
Applica (Date)
APPLICATION PROCESS
1. Pre -Application Meeting:
discussion with the ar i a director or designated member o sty must precede filing o this
application. Among topics to be discussed are: the application procedure, com ati i t't and
comp a � with the Gro -th Policy. and compatibility of the proposed zoning with surrounding zoning
classifications.
. Completed application form.
Completed Petition to �� and Not'oc of Withdrawal from. Rural *re District form� including an
Exhibit , lea. description o the property.
. A list of all property owners within 150 feet of the subject property (excluding public streets and right o
ways) with marling addresses. See example below.
ssesso.rg Sec- w Lot/Tract NNE_ Property Owner & Mailing Address
. Annexation and Initial Zoning Fee made payable to the .ri -City Planning Office.
. Fee Schedule:
Residential G acre or less) no fee
All other annexations:
Over I acre - $ 100 for first acre } S 15 per acre over I acre
. A bona fide legal c escr' don of the property' from a recent survey, title report or deed which accurately
describes the property to be annexed.
s Approvedbv TCPB, Effective 1 �
2
RECEIVED
MAY 0z5' 2004
17 Second St fit, Suite 211
KalispeU, MT 59901
Phone: 40- 1 Fax: 40
CITY OF KALISPELL
APPLICATI011i FOR PLA'lI111TED UNIT DE'ii'EAPliE]"il'T (PUD)
PROJECT NAME Bowser Creek Estates
1.
.
.
NAME OF APPLICANT: NT: Russell J. PurdY
MAIL ADDRESS: 241 Commons Way
CITY / STATE/ Zj :K i s p e-1 I MT 59901
DRONE: 406-756-1632
NAME AND ADDRESS OF OWNER IF DIFFERENT THAT APPLICANT:
. NAME: Same
. MAIL ADDRESS:
.CITY/ STATE/ ZIRP PHONE:
Lliahael_ W. Fraser
8. MAILADDRESS:
. STATE/ ZIP: Kalispell MT 59901 PHONE: 0 --7. 2- 2
46
f there are others who should be notified during the review process, please list those.
h* tefi h MT 59937
Check one:
� X Initial PUDproposal
_ Arrgendment to an existing �'U
A. Property Address: Mile Drive,....Kq1.1.s.pe..11, MT 59901
B. Total Area of Property: 'in .7-68 acres
C. Legal description including section, township & range: Trac.t 2 NNE of NE 1.
D. The present zoning of the above property is: � l . - - -A
E. Please Provide the following information in a narrative format with supporting
drawings or other format as needed:
a. An overall description of the goals and objectives for the development of
the project.
b. In oases where the development will be executed in increments,
schedule showing the timc within will be completed.
C. The extent to which the plan departs from o ing and subdivision
regulations including but not lir it ''to density, setbacks and use, and
the reasons - h . such departures are or are not deemed to be in the
public interest;
The nature and extent of the common open space in the project and the
provisions for maintenance .ance and conservation of the corn on open space;
and the adequacy of the amount and function of the open space in terms
of the land use, densities and dwelling types proposed in the plan,
of The manner in which services will be provided such as water, sewer,
storm water managerrient, schools, roads, traffic management,
pedestrian access, recreational facilities and other applicable services
and utilities, A
E The relationship, beneficial or averse, of the plarined development
project upon the neighborhood In which it is proposed to be established
g. How the plan provides reasonable nabl consideration to the character of the
neighborhood and the peculiar suitability of the property for the
proposed use.
h. Where there are more intensive uses or incompatible uses planned
within the project or on the project b u caries, b with the impacts f
those uses be mitigated.
i� How the development plan will further the goals, policies and objectives
of the Kalispell Growth Policy.
Include site plans, dra vi gs and schematics with supporting narratives
where needed that includes the following information:
ation:
(1) F Total acreage and present zoning classifications,
(2) { Zoning classification of all adjoining properties;
(3). resity in dwelling units per gross acre;
(4). Location, size height and number of stories for buildings
and uses proposed for buildings;
(5). Layout and dimensions of s rets, parking areas,
pedestrian walkways and surfacing;
Vehicle, emergency and pedestrian access, traffic
circulation and control;
(7), Location, size, height, color and materials rials of signs;
(8) Location and height of fencing and/or screening;
(9). Location and type of landscaping;
(10). Location and type of open space and common areas;
(11). Proposed maintenance of common areas and open space;
(12). P roperty b u .d r locations -and setback limes
(131. Special design standards, materials and or colors;
(14) Proposed schedule of completionsand phasing of the
development, if applicable;
(15). Covenants, conditions and restrictions;
(16). Any other info=ation that may e deemed relevant and
appropriate to allow for adequate review.
if the PUD involves the division of land for the purpose of eo ve arree, a preliminary
plat shall e prepared in accordance with the requirements of the subdivision
regulations.
Please note that the a ro-,,Td final plan, together with the conditions and restrictions
imposed, shall constitute the zoning for the district, No building permit Shall e
A
ssued for any structure within the district unless such structure conforms to the
provisions of the approved plan,
The signing of this application signifies that the aforementioned information is true
and correct and grants approval for Tri- City Planning staff to be present on the
property for routine monitoring and inspection during review process.
(Applicant igntore)
3
( ate
No. CT-75585
SCHEDULE C
The land referred to in this policy is situated in the State of Montana, Coulity of Flathead and is described as follows;
A tract o l and i , lyi r" being i the Novi ma t Qua- ter o the
Northeast Q a t-r €AEI ,/ ) of Section I, Township 28 ors F Range 22
West, P . .M . , Flathead County, Mo -an , and more particularly descryfed a
follows to wit:
Coaanencing at the Northeast corner of theore Quarter of the Northeast
Quarter of Section -II, o hip 28 North, .range 22 West, P.M. . , Flathead
County, Montana., which is a found brass cap; thezice along he East
boundary of said N / /
South ' -1" � feet to a found iron pin and the Tree Point o
Beginning of the tract o.f land herein descri-It-hence
South , 2' 3i West 1127.30feet to a found iron pin and Lhe Northeast
e.r e of she Plat- of Two Mile Tract, Ph. 2 ( records of lathead Counter,
Montana); thence along the North boundary of said. Plat
South ° 0 F 151' Weis 2 . f-e o a 11---ound iron pin on the West boundary
of said. N I I and the Northwest corner o-Itf said. Plat; thence le4 avin
said Plat and alongthe West boundary of said I / NEI /
North 024 ' 8" East 426.98 o a found iron pin; thence
North ° 7 ` 1# East 317.12 feet to the approximated ea. of a creek;
thence .long said thread the following Eleven(1) courses
North. 75049,1411 East 48.91 feet;
North =5510311 Easy 26.82 feet;
North � OV`1 East 45.05 feet;
South 2 '12f 7" East 25.96 feet;
South79"37/15011 East 54,16 feet , -
South
Soutli 5321,49" East 7. -feet;
North 1 ° . ' " fast 1 . � 0 : ee L-1 }
North 75"37f48ti East 24.96 feet;
South 7' 1 0 East 2 . 0 feet, thence leaving said t hr ad
North o ' 1 `E East 8 . 11- feed - o a set iron pin; thence
North. 2 ° 7 , " East 375.21 feet to a et- iron pin on Llhe Southerly R/W o
Three file Drive; thence along said Souther W
Nora. 8 4 " East 475.22 feet to a found iron pig.; thence
SOUL h 1 7" .fast 2. 3 -fees Clo a found /W o e x thence
South 8 ° 8 , " East 521.62 feet to �he Point of BegInning.
Tract 2, Cer"t-Ificate of Survey kTo. - 8 8.
Accord -ilia o the Flathead Coun�ytax Ioi is the property address for the
insure. description as follows: None given.
ESN TO ANNE#
AND
DYKE OF WITHDRAWAL RAL FME DISTRICT
The undersigned hereinafter referred to as Petir'lener(s)respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City o
Kalispell.
The Petitioner requesting City of Kalispell annexation of the property described herein and
further described in ExIiibit A hereby mutually agree with the City of Kafispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
propel descn-bed herein on substantially the same basis and in the same .manner as such s r ne�s
-are provided r made available to other proper -ties within the rest of the niuniei alitV.
etitione s' herebv state that there is no need to prepare a Municip ai vexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreementas to the
provision of municipalservices to the property requested to be annexed.
The Petitioner(s) far H r hpreins an intent to have the propel as herein described
withdrawn fram the affey Rural Fire District under te provisionsSection
'- - 7 , Montana Code Aimotatec .; and that incorporated into this Petition to Anne is the
Notice requirement pursuant to said. Section; and that upon proper adoption of an or ina . e or
resolution of armexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the piropQrty is not ir=ediateiv annexed, the Petitioner(s) �Fu&her agree(s) that this
covenant shall nm to, wit , and be binding upon the title of the said real property, and shall be
binding upon our heir, assigns, successors in interest, purchasers, and any and all subsequent
holders or ow- ers ofthe above described property.
This City herebv agrees to ailow Petitioner's) to co=ect and receive the utilities firorn the City of
Kalispell.
r
-Petit o tz/Ocarter
Yoe 04e
etltlor/Owner
Please return this petition v
Tii-City Plaiming Office
East, Sult `2 11
allel°
OTE: Yo u must attach zm exhibit A that provides a bona fli.e legal des enipti on of she r per x
to be annexod that has been reviewed and c,01rafledby the Flathead County Plat Rom.
f
{
j
#L4s' !
x
STATE NT4 NA
SS
Comity o Flathead County
On this =day of�� ; before me, the € x ers' ed, a Notary Public for
the State oritana, personally appeared $ knowm
to me to be the person whose name is subscribed to the foregoing instrument an(i acknowledged
to me that helishe executed the same.
I WITNESS WHEREOF; I have hereunto set my hand and affixed MY Notate Seal he day and
year in this c-ert icate f-Irst abovewritten. A
}
Notary State o .tana
or
Residing at_
My Conmaissimiexpires:
STATE M NT
I SS
County of Flathead County
On this day of : �before rye, the undersigned, a Notary Public for
the State of Montzn.-4 personatlyappeared known
to me to be the person whose name is subsenibed to the foregoing instrument and acknowledged
to me that he/she executed the sain .
IN WITNESS WHERE , I have hereunto set my hand and affied my Notary Seal the day and
gear i this certificate first above writer.
w
Notary Public, State of Montana
Residing ing at
MV Commission expires:
STATE OF M NTAN
s
County of Flathead
On this . day o ._ � , �� before rye, the undersigned a Notary P blic for
The State of Montana, personally appeared and
the , and
__......��... respectively, of the
corporation that executed the foregoing i str=e t, and the persons who executed said instrument
n behalf of said corporation., and adulowiledged to ine that such corporation executed the same.
IN Irv. S ,YHEREOF, I I -lave Hereunto set my Band and affixed my Notary Seal day and
Tear I L Is k. t. Ir t LID e vritten.
' ot= Pubiic, Statc o Montana
Residing at
V C, o MITU' S lo.. e fires
N. _ --^
/5585
SCHEDULE C
The land referred to in this policy is situated in the State of Montana, County of Flathead and is described as follows:
tract of ,hand situai.-ed, lying and being in the N 3 .ea �.. a.riye... of the
Northeast Quarter (1\TE N � ) of Section 11, Township 28 North, _Range 22
West, _ EIS . . , Flathead County, Montana, and mol[_-e particularly de -,scribed a
follows tQ wit
Commencing at the 1 o_ t e t comer of the Northeast Quarte)_r of Lhe Northeast
Quarter of Section 11, ToakTnship 28 North, Range 22 West, P . M . M . , Flathead
County, a, whIch is a found brass cap- thence along the East
boundary said 1 /�.
south. o ° ' . l " West, 59.91 feet to a foam. L.roia p-i-Ti and the --,- ue , o-i
Beginning of the IC-ract of land herein described- thence
South o ° # 2 7 " West 11 - 3 0 feet to a. found ilron pin and the Northeast
corner of the Plat of Two Mile Tract, PH. 2 ( records of Flathead County,
Montana) ; thence all ong the NoI th boiindary of' said Plat
South � 3 1 " West 1266.46 feet to a found iron pin on the West boundary -
of said NN . and the Northwest corner of saidPlat; thence leaving
said Plat and along e West boundary of said H `1N 1
Nora. o 4 ' . " East feet to a found iron n; thence
North ° 7' " Ec'lst 317.12 feet to the a , o � a e . thread of a creek;
thence along said thread the following Eleven () courses
North ° . , 411 East 48.91 feet;
5 22"55"0311 East 26.82 feet;
North. 3 ' " East 45.05 feet-
South4 1 ' " East 25.96 feet;
South ° 7 ' / 11 East . D :feet x
out * 0 " East 54.16 feet,
S 4 ` ' 3 {1 East 31.22 feet;
S th 53'21r4911 East 7.99 feet;
N 11 East 11.50 feet;
Nod'th 75'37,4811 East 24.96 feet;
South 7° ' 3 " East 23.50 feet; thence leaving said thread
North " 2 -'16" East 83.11 feet to a sets iron pin; thence
North o ° 7 ' " East 375.21 feet to a. set iron pin on the Southerly of
Three M. 1e Drive; thence along aiSoutherly l
North ' " East 475.22 feet to a found iron ;din, thence
South0 " ` .7°1 East 1 . 3 feet to a found R/Wmonument; thence
South , 3 " East 521.62feet to the Point of Beginning.
Tract Certificate of Survey No. -15888.
. carding to ',.--he F-fathead County tax rolls the property address for the
insured de cripdo is as follows: Nlone given.
THE END
Narrative Response- Bowser Creek Estates
Introduction. The site subject to this request is a 3 0 acre parcel located at the southwest
corner of Stillwater Road and Tbree Mile Drive. Until recently, the area was rarai with
an ag.eltral focus. In the last nine months, the area of Three Mile Drive and Stillwater
Road has under gone sig.ficant residential development. Development patterns have
tended toward residential developments characterized by City R-2, -3 and R-4 zom'-ng.
Examples in the ir=ediate area;
Northview Heights — R-3
-- Empire Estates — R-4
- Three Mile Dave — R-3 and RA-1
- Blue -heron — R-2
The subject site is bisected by Bowser Creek. Topography east of the creep is rolling
with elevation changes o twenty to try feet. Slopes are fifteen to eighteen percent.
West of the creep, the ground is gently sloping to the west. Historic uses appear to be
limited to pasture for livestock.
Mary of the landforms inn the west valley area are glacial remnants called drumlins,
.arrow billy deposits left by the recessional glaciers. Soils can be characterized as sandy
silts with underlying gravelly and eobbly silts. They are stable and not subject to erosion
r slumping.
Bowser Spring Creep is a sprang fed strearn or .gin ting one to one and a half miles
northwest of the site. The area is outside the area of detail study for the flood plain, but is
shown in the flood plain.. Preliminary estimates of the flood plain elevations are 12.5 to
feet above the channel bottom. A copy of the detailed flood plain study has been
completed and submitted. to FEMA and a copy is attached. No subdivision will occur in
the flood plain.
1. Goals. Present a development pattern, which preserves the is e features of the
site and provides housing oppommities with a variety of choices. The croal of the
develo men t will embody the following objectives;
Preserve the existing riparian area.;
-Establis a significant homeowners ark recreation area;
Set aside all the flood pain area and minimize disturbance -
Develop an internal wailcway systems.;
Establish additio gal setbacks from `free Mile Drive;
Limit thru traffic to encourage a neighborhood concept;
Cluster multifamily units;
4 Link multifamily areas with traditional single family
4 Provide for a. neighborhood commercial site;
Minimize overall impact by implementing a phased development plan.
JA\. O4-0030 04-003-OO'1 Einvironmerital Site t se r rat\-vv r '�0.04. . arr response.do
2. Phased Development Plan. The entire development will have four phases. Each
phase will e a stand-alone project, meeting the design criteria of the Kalispell
subdivision regulations. A phasing plan is presented in the rehr nay flat and is
a sequential plan. Each phase must be completed inftstructure) before the next
phase is initiated. Overall the entire project will be composed of 54 detached
single family and 42 its attached single-family Ln a duplex configuration.
Phase 1 2 Single family,
Phase 2 26 Bare family,
Phase 3 s Single family,
Phase 4 18 Single family,
20 Attached single family
Attached single family
Attached single family
10 attached single family
The entire development is envisioned to be completed in a 1 -year period. Each
phase will be completed and the next phase initiated in not more than a tree -year
penod. Multiple phases can occur in sequential order.
Departure from zoning and subdivision. The zoning requested with vexation is
R-2. a residential zone with a minims dot size of 9,600square feet served by
public water and sewer. "The zone is intended to provide residential housing
opportunities for classic detached single-family we fi . s_ Clustered
development is i emitted with a conditional use ertnit."' The requested Planned
Unit Development will allow clustered development.
:--R-2 residential or n is "'intended .for areas of urban residential development;
should have good thoroughfare access and be in proximity to community and
neighborhood facilities, i, e. schools, parks, shopping etc. This development
requires all public facilities". Densities within the R--2 can be as high as 3.5 its
per acre, depending on the site constraints and design. The proposed PUD has a
gross density of 3 units per acre, some 1 % less than. a standard - . To achieve
the reduction in density and set aside large enviror ne tally sensitive areas and
the flood plaice., several departures are requested from the classic requirements o
the RW2 .done, They are listed below:
r erty a : me Standards
Bowser Creek Estates
Minimum Lot Area 9600 sf 7000 sf
Minimum Lot Width 70 t ft
Minimum Yards (ft)
Front Yard
20 ft
20 t
Side Yard
10 ft
5 ft
Rear Yard
10 ft
Side Comer
ft
Maximum BuildingHeight
ft
t
Permitted Lot Coverage
%
3 %
.T:\ 00t l - 0 \ - 03)-001 Environmental Site Ass nf\ or 10 .0 .0 . alTati e response.doc 2
A PUD overlay allows up to l % as neighborhood commercial. The requested
one -acre site .ls less than allowed by the regulations, only 3.3 %.
w Commen a.ce. The UD and s.ivision set aside 6.1 acres as
homeowners' park, open space and arian area. Thehomeowners" park/
recreational area is estimated to be 0.551 acres and will be graded to allow gyroup
activities and seeded for erosion control and to facilitate use. Maintain the
riparian area in are undisturbed condition Will retain its natural filtration, water
quality enhancement and flood control characteristics. Overall the proposed
homeowners" park and open space area, excluding the flood plain, exceeds the
requirements of a subdivision. The entire open space component will be owned
and maintained by a Homeowners Association.
5. Infrastructure. The site will sex into the City of Kalispell and withdraw from.
the West valley Fire District.. It will becorne part of School District Number
Five.
Water service will e c tensio the city system, ��c is in the north right
of war of Three Mile Drive. This Is a 12-inch main and has a static pressure o
85 pounds per square inch. Water demand will be 26 to 10gallons per rm'nute for
domestic use and l ,o o gallons per minute for fire protection. Preliminary
calculations indicate the existing main has the volume and pressure to meet the
reeds of the development. ent. The entire parcel is within the future service area o
the recently adopted 2002 Facilities Plan. All water main improvements will
conform to state and city standards.
Sewer will be provided by connection to the City of Kalispell system. Recently, a
lift station was constructed to pump the effluent from the subdivision north of the
site, Blue Heron estates, to the city. Bowser Creek Estates will connect to the lift
station. The lift station capacity is 220 gallons per minute and the peak flow from
Blue Heron Estates is o+ gallons per minute, Bowser Creek is projected to add
62.5 gallons per minute of peak flow, The general layout of the collection system
is shown on the plat. Sewer and lift station design will confonn to State and City
Standards.
Storn water will be collected o site and retained to limit the vole leaving the
site to the same as prior to development. Onsite improvements will consist of a
system of collection basins a pipe network., retention/ treatment areas and
discharge structures. Grasser sv ales provide very effective treatment by reducing
the solids and volatilizing the grease and petroleum products washed from the
streets during a storm evert. All store water treatment and disposal will conform
to the criteria of DEQ-8.
The subdivision at build out will have approximately 45 children with are equal
age distribution rom l to 18. At any one time there could be 45 c ilaren,
approximately 15 K-thru-6, 5 in Middle school and W in 1.,.1school.
J:\200 \ -0-310-003-001 Erivironmtnt l Site Asses smen vor l0 .04.04.NarTative rt o se. o
Traffic generation will, at build out, add approximately 960 vehicle trips per day
to Three Mile Drive. Trip generation will he distributed to Three Mile Dfive and
Stillwater Road. Further route selection will occur on Meridian. Three Mile
Drive operates at a level of service of A: the addition of 960 vehicle fps will not
overall affect the level of service except during peak hour at critical intersections
on Meridian. The Meridian improvement project is planned for completion
before the entire project is built out, which provides the addItional capacity to
rruninu e impacts.
Inter. al circulation will he on a road system constructed to city standards with. 24-
oot wide streets,, curb and gutters and sidewalks on hots sides, in addition t th.e
interior pathways.
The recreation area will he leveled and seeded to supply an area for residents for
group games and activities. This area along with the path areas will he the
homeowners' park.
. Relationship of the PUD to the Nei hhorhoo . Adjoining the site are areas zoned
County -2, half -acre lots; Counter R-1., one acre lots; City R-3, 9,600 square foot
lots and City R-4, 6,000 square foot lots. overall the entire area is undergoing
transition from a rural setting to an urban environment- Impacts associated with
the project can he summarized as change. Charges, which will occur, are the loss
of the open space, increased traffic, and greater demand on public services.
.dowser Creek Estates minimizes these impacts by proposing a. project, wbieh
limits the scope of the development by setting; aside areas for open space,
preserving the environmentally sensitive lands and focusing access to established
intersections. The Kalispell Groh Policy designates this area as suburban
residential which calls for up to 4 its per acre. overall density is 3.1 units per
acre.
Kalis ell's city limits until a year ago were approximately 1/2 mile vest o
Meridian on Three mile Drive. Today there are three major developments which
have annexed into the city and extended public services. These are Three Mile
Drive R-3 and. RA-1, Empire Estates, -4 and. Blue Heron, R- . over all there i
a substantial ux of high -density development in an area which has been
.ma ly rural. South of Bowser Creek Estates is Westview, Big Sky Tracts and.
Aspen :moll. each is a subdivision with lots ranging from 0.5 to 1..0 acre_ It is
the intent of this development to buffer the higher densities north of Three Mile
Drive with a development more dense than 'two parcels per acre but less dense
than four or five lots per acre.
Densities withinBowser Creep Estates are 3.1 units per acre. The scope and
intensity of the requested Pled 'Unit Development is consistent with the
development patterns surrounding the area and the impacts are anticipated in the
growth Polley.
.T.12 1 G --El i - -001 Environmental Site, Asses smentN,%vo rd\5,.0 .O 4. N arrativ e respo Ise. o 4
. How-- the n1an orovides reasonable consideration to the character of the
neighborhood. As proposed, the project is a mix of single family residential and
attached single family duplexes, The site has a rolling topography and is bisected
by Bowser Creek. A design has been proposed which avoids the critical areas and
preserves other areas for the use of the neighborhood- Areas of the site, which
have the greatest topographical changes, are proposed as attached single family in
a duplex configuration. The design and ultimately the construction would have
less impact on the site due to the overall smaller footprint of the individual its.
Locations where the slopes are less have been set aside for detached single family,
areas where a greater area of disturbance would not have a si m cant effect. The
overall design of the project was prepared to avoid a classic Euclidean design
with long straight streets which encourage thru traffic and higher speeds.
Utilizing cul-de-sac streets and interim loops encourages a stronger neighborhood
sense. A neighborhood concept allows for the effective clustering of residential
housing styles, encourages architectural consistency and reduces land coverage
requirements.
S. .Intensive land use mitigation. Land uses proposed are allowed under the Planned
snit Development regulations of the Kalispell zoning ordinance. As a residential.
UD a commercial component is allowed as long as the area does not exceed 10%
of the gross area- The commercial area is less than I acre. It is intended for small
retail and service establishments to rimari.l serve the needs o persons within the
nei�orood . Access will be limited to only the interior reads. Frontage
adjoining Three mile :,give wi]J be landscape with a 20-foot buffer. The duplex
townhome areas are limited to pods of three duplexes or six its_ Each pod is
buffered with surrounding single aril lots. Each pod is also buffered with an
o rners� common area which will be landscaped and maintained by the individual
owners association. With the entire development significant areas are set aside
for Homeowners" eowners" common areas. These areas adjoin the creek and drainage ways.
Protection of these areas provides for wildlife corridors, preserve water quality
through filtration of the natural vegetation and maintains a significant open space.
. Encourage the pals and policies o the a.lis ell Growth Policy. T he proposed
UD and subdivision is consistent with a number of the goals and policies of the
Growth 'olic .
Goals:
Encourage efficient use of space, orderly growth consistent with high
quality of life, fiscal soundness, environmental conservation and
con numt ur tY;
The unique design which protects the stream and provides
significant buffering along with the urban amenities of sidewalks
and a homeowners recreational area resent in a development with a
higher quality than other surrounding residential projects.
Encourage housing types that provide for all sectors and income levels
within the community;
J:1, 01 . --0 31 O y0-001 1.nvirane t l site Asse s .ie iiword\05. 14.0 .Na' tive response.doc
Blending classic, single family dwellings on lots efficiently sized
for standard construction with duplex townhome offers single
army units with a wide variety and thus price range.
a New urban and sub -urban development occurs in areas where public
water and sewer are available;
Public water is available to the site.
a Provide an adequate supply and mix of housing that meets the needs o
the present and future residents in terns of cost, tie, design and
location;
Topography of the site lends to a variety of housingtypes; ra e
style single story, daylight basement, two-story townhome and
attached duplex ranch stye, All within a development intended to
have a eommum*ty concept.
Policies
0 Design and locate development to protect public safety; insure
adequate provision of services; be compatible with the character of its
s rror din s and encourage the most appropriate use of lard;
n-ie location adjoins an urban arterial, has water and sever
available to the site. Site distances for the intersections are
adequate and through the permitting process with the MD ,
safety issues will be addressed.
0 Encourage the development ent of urban neighborhoods as the primary
residential land use p atteru in the growth policy area by allowing
urban residential densities in areas designated as suburban residential,
provided the development is consistent with the character of the area
and public services are adequate;
Suburban densities are usually 1-2 units per acre while urban.
densities can be as great as 8 units per acre. Limiting the internal
roads to serve primarily the residents and uste rng mots it
grouping in encourages neighborhoods.
Maintain the integnty of well established neighborhoods so that they
are bicycle safe and pedestrian friendly;
Sidewalks are provided on both sides of the streets and a
edest iau path along 'three Mile Dave.
a Suburban housing;
- Densities should he appropriate to the limitations of the particular
site, and should not exceed two to four dwellings per gross acre,
- The suburban residential designation is intended to reduce density
and development impacts in sensitive areas and existing rya-,
neighborhoods;
Single amity houses are the primary housing t e;
-These areas should have paved streets, public sever and water, and
access to services. New subdivisions located ire or near Kalispell
should generally include sidewalks where appropnate and
installation of low intensity street lighting appropriate to the area..
J:\2004XO4-003\K04-003 --001 Environmeml Site A s ss en6wor 1 -04.04. Narrative -response . oc 6
1 . Additional Inf r-matio :
Total acreage is 30.768 acres. Current zoning is County R- .
Zor g classifications of a join g properties is shown on the attached
application materials.
total of 86 its are proposed or 3.12 units per acre
All buildings regardless of use, residential or commercial, will conform to
the height restrictions of the zoning ordinance, 30 feet.
Layouts of the streets, parks, walkways and pedestrian ways are sown o
the arc lmm ar plait. Streets will be asphalt pavement, sidewalks will be
concrete, parks will be seeded, and the pedestrian walkways will be
graveled.
.
The only traffic control will be the stop signs at the intersections with
Tire Mile ire.
An entry sign will be constnicted with rough finished log cols about
four feet high and sawn backed sign with raised bronze letters.
The entire sign will be illuminated with low intensity ground mounted
lights controlled by photo electric cell and timer.
No fencing or screening is proposed.
Landscaping will be placed along Three Mile Dr e for the fall length of
the project. Landscape materials will be benning, native grass seeding,
low growing sibs, and trees with a minimwm caliper of 2 H ches
anted in an irregular spacing with varying distances from, the fight of
way. Average spacing will be 75 feet.
Open space and common areas are shown on the Preliminary Plat. These
areas will be deeded to the Homeowners as a private park and owners
area.
The Homeowners will maintain the coon areas. Homeowners will
pay assessments to pay the cost of maintenance.
The preliminary plat designates the property boundaries. Setbacks will he
as per the zoning regulations.
set of Draft Covenants is enclosed.
DECLARATION CONDITIONS, COVENANTS
AND RESTRICTIONS
THIS DECLARA110N, made 1�s day of
undersigned, - { I NESSET*
WHEREAS, the undersigned are the owners of ce.rtainreal property known asA
S T TES, according. to the recorded plat thereof can file and of record in the mice o the Clerk
and Recorder of Flatdiead County, Montana, and whereas the undersigned are desirous o
subjecting1[e real propel to the restrictions, covenants and reservations hereinafter set forthl
each and - alI of which is and are for the benefit ar' said propel and for each own er thereof, and
shall inure to the b0nefit of and pass with said property, and each and every parcel thereof, and
shall apply to and bind the successors in interest, and any owners thereof.
NOW THEREFORE,
being the owners of all the real propel knows as ESTATE S, According to the
plat thereof on ale and of record in the office of the Clerk and Recorder of Flathead County,
Ma t, a, hereby declare that the said real property is, and shall be held, transferred, sold and
conveyed, subject to the conditions, restrictions, covenants, and reservations hereinafter set
forth. -
The o enants, canditions and restricticns hereinafter set forth are designed to provide a uniform
plan for the development of the whole of saild subdivision:
All persons or corporations who now or shall hereafter acquire any interest in and to the above
described property shall be taken and held to agree and covenant with the owner of the lots i
said subdivision and with their heirs, successors and assigns, to conform to and observe the
Tollowing covenants, restri Lion , and conditions as to the use thereof and as to the construction
dwefflngs andrves Lr.
..
I age 1 of 9
. o building on any lot shall be located for than twenty --live 5 feed tothe-front
line, nor dozier than fifteen feet to either side of tract 1€rye* Lot 47 has sufficifent area to
7
ack,,:,ornso date an 1800 sq.tt. pause, but may require a special design due to lot shape* It is hereby
understood ghat P.1attling of said lot does extend special consideration to the propel relative to
the bulk and dimensional rirf of the zoning district. '(This lot fs not eligable for
variances nth regard to set back requirements of the zcning district,)
K No fuel tanks above or bellow the ground are a vow *
L.. . For ellimination of traffic hazards and to pramcte traffic safety, no hedge or shrub
planting which obstructs sight 11nes at elevations between three . and six , feet above the
roadway shall be placed or be permitted to remain on any corner lot within the. triangular area
formed by the street property 111nes and a lino connecting them at points twenty-five 2 feet tom
the intersectfon of the street lines, or in case of a round property corner} from the intersecton of
the sweet property 11nes extended. The same sight lire limitations shall apply cn any lot within ten
10feet from the int rs c icn of a street property lino with the edge of a driveway. No tree. sha I
be permitted to remain within such distances of such intersection-9 unless the foliage line I
mairrtained at sufficient height to prevent obstruction of such sight items.
M. A 'Architectural Ca trot . Committees is hereby formed consisting of the
developers, are such lot owners as they may from time -to time appoint At such time' as the
ESTATES HOMEOWNEETS. ASSOCIATION is formed, the ArchftecturW Contmi
Committee shall consist of such person of persons as %determinced by said Association. All owners
intending to construct a dwelling or build any type of structure whatever upon any lot, shall f rs
submit their plans and spearfications, in writing, to the Architectural Corrtrol Committee. Flans
must included proposed exterior colors.
J. No dwelling house or other structure.. or fence shall erected, pfaced, or altered on
any lot until the construction plans and specificatidns along with the proposed site therefor have
be=,.,n approved in wr ing bythe. Architectural Control Committee as to the quality of workmanship
and mat dais, harmony of external design with existing structures, and locatic'n o tie structure
with respect .o topography ana finish grade- elevation, ,Approval or disapproval by the
Architectural Control Committee must be in writing. fry the event the Committee fails to act within
_,30 days after the proposed plans and specifications O and stru t r av u r lit c'I Jn
C;q f-;:m ref o
rt pets are to be leasr fenced or otherwise confined t she pneem, i-ses,
a S of
This rastrleticn shall specifically apply tc -
I . HOMEOWNER'S ASSOCIATION.-
. The Grantee covenants and agrees thit he, she, or they will become and remain a
member to 1 MEOWN R"S ASSOCIATICN so long as the Grantee
retains any interest in the property co v led, and by accepting the conveyance the Grantee
binds himself, herself or themselves to abide by the by-laws and reasonable rules and regulations
f the ass claticn which may be adopted by the Board of Directo-rsfrom time to time, and the
Grantee agrees to. pay the Association such annual dues and assessments as its Scard o
Directors shall fix and determine, are said dues and assessments shall be paildat such time as the
Directors shall determine.
B. The HOMEOWNER'S WNER'S SS 1 TI N shall be formal at a time to be designated
ley .the developers but no later than when the entire development to include. other units) is
r i _
complete and shall consist of the owners of each lot -STATES and such
other units as may be developed on adjacent property now owned by
developers-. The owner or owners of each lot shall. be entitled to a single vote in the Association.
The.ByLaws or Articles of Incorporation may r provide for the joining of the Association b ]a'
owners in Country Estates Phase I and Phase 1.
.. C. .the HOMEOWNER'S ASSOCIATION shall be responsible for the care and
maintenance of the common properties and each homeowners use ofthe common properties will
be governed,by such rules as adopted by the Association. Fcr the purposes of maintaining and
caring Icr these common properties, the Scard of Directors may make reasonable annual
assessments to the lot owners and such assessment ssment may be collected in a suit subject tc the
provisions stated below for enfordement of covenants. and may become a lien upon the land by a
filing by the Scard of Directors of a lien whicti shall l dese'41be the lot., state the amount the
ass s m nt that has not been paid and when it was assessed. A lot owner whose lot is subject t
such a Ren must pay the assessmeiit, costs for preparation of the lien and the Ilea release and all
recording costs before the lien is released. This Ilea may also be forecicsed- in the -manner r'
foresclasure for mortgages with the prevailing party entftled to attorney fees. Common properties
r
as used herein shall incliude. parks, pathways., entryways into the subdN4sion and all roads 1 r the
,zubdf si rz located within and withcut the subdivision.
n, �- 4-
l t • t
1
N W1 T NS WHEREOF,have hereunto set our hands the day and year first'
here.nabove written.
STATE OF M NN
-
oty of Flathead
n thb �...�.day of .before rye, the undersigned, a Notes Public for
the State of Montana, personally appearec F
. , known to me to be the person whose Warne is subscribed to the within instrument,, and
acknowledged to me that he executed the same.
IN WITNESS 1R, I have hereunto set my hard and affixed Notary Scat the day and year
first above written.
a
Notary Public.for the State of Montana
Residing at . Y
g _ .
,
\
- = € "
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June 7, 2,004
I City . la u g Board
7 Second Street East - Suite
Kalispell, Montana 59901
RE: Proposed Bowser Creek Estates
Dear Sirs,
RECIrIVED
JUN 0 ; 2004
TRI&CITY PLANNING OFFICE
Upon re)newing the application for the proposed Bowser Creek subdivision, the Two Mile
Drive Homeowners Association would like to make the following Comments:
.. The drainage area along West Spring Creek is a major wildlife corriclor. The language used
in the environmental assessment to describe the impact on fish and wildlife is merely boiler
plate language and does not reflect the t-rue character of this important wildlife lie corridor. We
question the source of the language used, and maintain that it is not the result of any study y
a wildlife pro `e sio a . This proposed subdivision shows a major road i terse -fio in the
n .1 d e th1s amag , whi e evelo �e prior to this ro osa. has avoided isr t' ng this
waterway as much as possible.
2. The proposed subdivision does not reflect the character of the neighborhood. Big Sky
H mes tes, Two Mile Tracts, Hillerest Terrace, Asper. Knoll, and Wyndover Hill Subdivisions all
have lot sizes in excess of one half acre. The value of hones in these surrounding areas would
he seriously impacted by the rovers of o, 17 acre lots and townhouses which border the adjacent
properties. The configuration of lots along the proposed subdivision's south boundary would
he particularly offensive, as it stacks up nine houses and two townhouse units directly across
the street from six lots in Two Mile "bracts, and the backs of the new houses would front o
Westview Drive, facing the Rout of the existing louses.
3, During their review of is syson a the previous �.hiic hearing, many people
voiced their concern for the safety o pedestrian and bicycle traffic. �fic, "le entrance to .e nior
'
.high off of Three Mile Drive is already overburdened. The traffic from this subdivisloill
without some ape of ruitigation, would d e a hazard to public safety during school hours. No
provisionhas been made e to address this problem.
o ease fie ns have been set aside to provide city service to adjacent subdivisions. Since this
proposed subdivision oul be hooked tip to Kalispell water er and sewer, easements should be. i
place to allow for the eventual extension of city set -vices to '17�o Mile Tracts and Big Sky
"'.Ho iesites. 'rhese easements could run along the pedestrian easements shownt e n tots 69
0 7 he weer 'lots 6 6 & G 7 . and aio rig the east line of lot 4 1.
We recognize and acceptthat the area which this proposal seeks to developwill eventually be
subdivided; i e do, however, expect that the planning board Will pay close attenfion to the
public review process and -the legal requirement here to the review criteria mandated by
statute nd rules which protect the public, exisfing development, and the environment.
Sincerely,
1 s
Teresa. D. Snilth7 Fresident
Two Mile Drive Homeowner's Associatioll
R"ECEIVED
UN 0� 2004 64 West View Dave
TRI-CITY PLANNING OFFXE Kalispell, MT 59901
June 4, 2003
Tri-city h panning office
17 Second Street East - Suite 211
Kalispell, MT 59901
Dear Tri-City Planning office;
It has been brought to ray attention that Russ Purdy is once again
attempting to get approval for his devetomnt on the corner of Three Mile
Drive and StilLwater Road (Bowser Creek Estates). h am writing to protest this
development. h any a homeowner on West view Drive, which would be adjacent
to this development. What he is proposing is totally out of character with the
development that has taken place in this part of FLathead county. This is a
rural part of town, with many birds and other wildlife. such a development
wound have a huge impact upon wildl`ie. Traffic would also he Breathy
increased and schools would he overburdened.
h am also concerod about the stream that runs through this
devetoment but is not shorn on the plat. Spring creek is a corridor for
animals and birds and l fear that the grater quality would be threatened by
such a dense subdivision.
I hope that you Look at the 11big picture" when you consider this
development and choose not to approve it. Thank you very much for your
consideration of my thoughts.
Sincerely,
f
Stephanie Christensen
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VICINITY MAP
RUSSELLJ. PURDY
LANNE UNIT DEVELOPMENT PUD -� "BOWSER CREEK E ATES t
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A 9 LOT MIXED USE SUBDIVISION ON 3 , 68 AC REkS
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2 COMMERCIAL LOTS, 5 SINGLE FAI'VirILY & 42 TOWNHOUSE LOTS
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PR7 T
NARY PLAT �� PLICArvION
7 T T . s.� PLOD' DATE: 11 0
ORDINANCE 1504
AN ORDINANCE To AMEND SECTION ' i # , OFFICIAL ZONING MAC', CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE No. 1460), BY ZONING G CERTAIN
REAL PROPERTY AS MORE PARTICULARLY ARLY ESCRI N EXHIBIT "All,
LOCATED IN SECTION II, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R- , SUBURBAN
RESIDENTIAL) To CITY R- (SINGLE FAMILY RESIDENTIAL), WITH A PLANNED
NIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2 2 , AND To PROVIDE AN EFFECTIVE BATE.
WHEREAS, Russell J. Purdy, the owner of the Property described above, petitioned the City o
Kalispell that the zoning classification attached to the above described tract of land
e zoned R-2, Single Family :Residential with a Planned Unit Development overlay
on approximately 31 acres of .land, and
WHEREAS, the Property is located at the southwest comer of Three Mile Drive and Stillwater
Road, and
WHEREAS, the petition of Russell J, Purdy vas the subject of a report compiled by the Tri-City
PiannI g Office, Staff Report #IAA-o -11 KP - - , in which the Tri-City
Planning Office evaluated the petition and recommended that the Property as
described above be zoned R- , Singe Family Residential with a Planned Unit
Development overlay as requested by the petition, and
WHEREAS, ate. - considering all the evidence submitted on the proposal to zone the property as
described R- , Single Family Residential with a Planned Unit Development overlay,
the City Council finds such initial zoning to be consistent with the Kalispell Growth.
Policy 2020 and adopts, based upon the criterion set forth.in Section - -6o ,
., and State, Etc. v. Board of CountyComm issioners tc. 590 P2d 602, the
findings of fact of T Po as set forth in Staff Report No. KA - -11 KPI -04- .
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL P THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.0 10, of the Official Zoning Map of the Kalispell Zoning
Ordinance,(Ordinance No. o is hereby amended by desIg ating the Property described
above as R- , Single Family Residential with a Planned Unit Development overlay on
approximately 31 acres.
SECTION .1. The Planned Unit Development Proposed by Russell J. Purdy upon the real
Property described in Exhibit "A", attached hereto, incorporated herein, and thereby rude
Part hereof, is hereby approved, subject to the following co .itions:
1
That the development of the site shall be In substantial compliance with application submitted,
the site plan, materials and other specifications as well as any additional conditions associated
with the P UD as approved by the city c ounc1 . (Kalispell Subdivislo . regulations, Appendix
Final Plat)
2. That covenants, conditions, and restrictions for the subdivision shall be amended to reflect the
components of this subdivision and submitted for review and approval by the Kalispell Site
Development Review Committee that includes architectural standards for both the residential
and commercial components oft e project, a provision for the conservation and maintenance of
common areas and the private internal roadways that are proposed for the townhouses.
Setbacks for the townhouses accessed via an interior street shall be measured from the edge of
the road -way and shall be 20 feet in the front and rear and five feet on the sides with the
exception of the zero lot line required to achieve the townhouse configuration. The covenants,
conditions and restrictions shall also create a provision for architectural review prior to the
application and issuance of a building permit from the City of Kalispell. (Site Development
Review Committee
3, The commercial component of the subdivision shall not be developed -until a minim -Linn of 50
percent of the subdivision has been occupied by the residents. Additionally, the architect re
shall be of a generally residential character with particular attention given to inter.al access,
low level lighting, adequate landscaping, ,unobtrusive sig age and limited hours of evening
operation. The commercial component may contain one or more parcels but may not exceed
one acre in size. (Site Development review Committee)
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 Revlew Committee from the Architectural Review Committee of the
homeowners association prig to the issuance of a building permit. Site Development review
Committee)
5. That permits be obtained from the Flathead Conservation District, trict, Montana Department of
Natural resources and the Montana Department of Environmental Quality for work done along
the Spring Creek Channel or a .letter from those agencies stating that the scope of work does not
require permitting. CC NR
That the plans and specifications for all public infrastr-acture be designed and installed. in
accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision
Regulations. 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).
. That an easerne)t shall be obtained from the adjoining property owner to the cast granting the
right to develop the proposed 60 foot right-of-way for road and utility purposes and once
completed dedicated to the City of Kalispell as a public roadway. (Kalispell Subdivision
Regulations, Section 3.0 .
FO
. That a minimum 2 -Foot buffer strip shall be established between Three Mile give and the
subdivislon that would include a bike and pedestrian trail and buffering in the `orn of benning
or landscaping or both. These improvements are to be coordinated with the Kalispell Public
Works Department, Parks and Recreation Department, Flathead County Road. Department and.
Montana Department of Transportation.
. The following requirements shall be met per the Kalispell FireDepartment- Kalispell
Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
speci ications at approved locations. Mini -mum "ire flows shall be in accordance with
Uniform Fire Code (1997) Appendix 1.I#..
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 Uniform Fire Code(1997)
Article 9.
d. Secondary emergency vehicle access shall be provided at Phase Iv meet the
requirements of the S bdivIsion Regulations (Section 3.0 and emergency vehicle
access reeds .
e, Due to project phasing it should be noted that hazardous weed. abatement will be
required in accordance with City of Kalispell Ordinance 1 -.
. 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).
. That the area designated on the plat as t;par " shall meet the requirements for parkland
dedication and shall be developed in accordance with a plan approved by the Kalispell Parks
and Recreation Director that provides recreational amenities including but .not 11m.ited to
pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational
component within the development and not simply left as passive open space. (Kalispell
Subdivision Regulations, Section 3.19).
12. That a provision be made for right-of-ways within the development that will allow for the
extension of the proposed roadway so that they will provide future access to adjoining
properties to the east, (Kalispell S bdivi.sion Regulations, Section. 3.04).
3. That a detailed floodplain study be completed and accepted by FEMAdetermining the base
flood elevation for the floodplain area within the subdivision.. No lots that are within 100 Feet
of the 100 year floodplain as currently indicated on the IP\-M panels shall be platted prior to the
completion and acceptance of the study area.
. That a floodplain development permit be obtained from the City of Kalispell after the FEMA
study has been completed and accepted for the proposed creek crossing.
3
5. Structures be setback a mi-nimum of 20 feet from the established vegetation lire of the creek if
these areas are deten-nl.ed to be outside the 100 year floodplain.
6. That Lots 1 A and B, 15A and 1r , 16A and B be reconfigured to accommodate single family
d velfings.
17. That a letter be obtained from the Montana Department of Transportation and Flathead County
Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market
Road) have been reviewed and approved and any associated and necessary irriproverrients have
been satisfactorily completed. {MOOT}
18. That a 60 Foot right-of-way reservation be noted on the final place in the area of lots 24, 25 or
26 Phase 2 to provide ingress and egress to the adjoining parcel to the west and to avoid the
potential for an additional future access onto Three Mile Drive.
. The roads within the subdivision shall be named and signed in accordance with the policies of
the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and
be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision
Regulations, Section 3.09).
2. The developer shall provide a letter from the U.S. Postal Service approving the plan for mall
service. Kalispell Subdivision Regulations, Section 3.22).
2 1. Street lighting shall be located within the subdivision and shall be shielded so that It does not
intrude unnecessarily onto adjoining properties. Kalispell Subdivi-sion Regulations Section
.o9Lt
22. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section . 1 '.
23. A landseae buffer eonsistin of a coniferous vegetative screen that height o six Feet within
three ears o fp I antiny, be established on the southern boundqa. o'the deveo rent lots 65-.
(Kalispell Planning Board)
2. Setbacks for the townhouses will be established at five feet between the propeqYbo-undary and
the eave oft .e b ildin while the setbacks for the sin We arn.i homes w* 1 be estab. is ed at ten
feet between the pro-peLty boundaEy and. the eave of the l uildin ahs ell Planning .hoard
25. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall b
completed prior to final plat submittal.
26. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix in mediately after development.
27. That a development agreement be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions o
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit .Development U zoning for the site.
4
2 . 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 with an automatic two-year extension a
each phase of the subdivislon plat has been completed and filed. (Kalispell Subdivi to
Regulations, Section 2.04).
SECTION 11* The balance of Section 27.02.010, official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in fill force and effect.
SECTION IV. This Ordinance shall take effect from and after 30 clays of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL A-,N-,D SIGNED THE MAYOR OF THE
CITY OF KALISPELL,, MO T'AN , THIS 1 TH DAY OF JULY, 2004.
ATTEST:
:
Theresa White
City Clerk
Pamela B. Kennedy
1
Mayor
0