Staff Report/Annexation & Zoningri-Cityl i Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
centurytel.net
www.tricityplanning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
SUBJECT Touchstone, LLC Request for Annexation and Initial Zoning
Designation of R-2 with a Planned Unit Development Overlay
MEETING DATE: February 7, 2005
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 50 acres. The property proposed for annexation is located northwest of
Kalispell on the northeast corner of Three Mile Drive and Farm to Market Road. In
conjunction with the annexation and proposed PUD zoning designation, a 171 lot
subdivision for the property has been submitted. Currently the property is in the
County zoning jurisdiction and is zoned AG-20, an Agricultural zoning district that
has a 20 acre minimum lot size requirement for newly created lots, and County SAG-
10, a Suburban Agricultural zoning district that has a 10 acre minimum lot size
requirement for newly created lots.
Staff recommended amending the proposal to R-3/PUD (Urban Single -Family
Residential) zoning upon annexation to the city subject to the conditions listed in the
staff report. The R-3 zoning was recommended because the lots within the
development more closely reflect that zoning designation with regard to lot size and
the proposed five foot side yard setbacks.
The Kalispell Planning Board held a public hearing on January 11, 2005. During the
public hearing the applicant's representative spoke in favor and one person expressed
concerns regarding the environmental impact to Spring Creek wetlands, speed limit
on Farm to Market Road, any health hazards associated with the high voltage lines,
and the creation of islands of zoning.
The board discussed the proposal and considered the testimony. A motion was made
and seconded to recommend initial zoning of City R-2/PUD (Single -Family
Residential) and increase the size and setbacks of the lots to make it consistent with
the R-2 zone. The amendment passed on a vote of 4-3. A motion was made to
forward a recommendation of approval, as amended, to the Kalispell City Council of R-
2/PUD upon annexation to the City, and subject to conditions. The motion passed on
a vote of 6-1.
Providing Community Planning Assistance To:
® City of Kalispell • City of Whitefish • City of Columbia Falls •
Mountain Vista Estates Annexation and Initial Zoning R-2 / PUD
January 31, 2005
Page 2
RECOMMENDATION: A motion to approve the resolution annexing the property and
the first reading for the zoning and PUD overlay subject to conditions would be in
order.
FISCAL EFFECTS:
Respectfully submitted,
Narda A. Wilson
Senior Planner
Minor positive impacts once fully developed.
As suggested by the City Council.
Report compiled: January 31, 2005
c: Theresa White, Kalispell City Clerk
R-Imes H. Patnck
City Manager
Attachments: Transmittal letter
Staff report #KA-04-18 / KPUD-04-7 and application materials
Draft minutes from 1 / 11 / 05 planning board meeting
TRANSMIT\KALISPEL\2004 \KA-18-8MEM
1CM.
i 1 / 1 1 1 1
1 1 i ..1• 1.1,
).
WHEREAS, the City of Kalispell has received a petition from Touchstone, LLC, the owner of
property located on the northeast corner of Three Mile Drive and Farm to Market
Road, requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, the Tri-City Planning Office has made a report on the Touchstone, LLC Annexation
Request, #KA-04-18/KPUD-04-7, dated January 4, 2005, and
WHEREAS, the Kalispell City PI i oard and Zoning Commission recommended that the
territory be zoned Oty R-2, ingle Family Residential with a PUD overlay on
approximately 50 acre on nnexation into the City of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL 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 so
provide, and shall be known as Touchstone, LLC Addition No. 357.
SECTION II. Upon the effective date of this Resolution, the City Clerk is directed
to make and certify under the seal of the City, a copy of the record of
these proceedings as are entered on the minutes of the City Council
and file said documents with the Flathead County Clerk and
Recorder.
From and after the date of filing of 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 subject to all 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 III. The territory 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 KALISPELL, THIS 7TH DAY OF FEBRUARY, 2005.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
I
Lei N 13 1e I • 047 AieClI W!
I 1 I 100,
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► ! • M • ►1 •
FLATHEADICCX-f Yf Y L—, 4 Cff 7 1 Ff W I -W 7 7C r#- 17 6, 1 1 5 To a', IF, J L I. I
COUNTY, • (PREVIOUSLY • 1 COUNTY
AG-20, AGRICULTURAL AND SAG-10, SUBURBAN RESIDENTIAL) TO CITY R-2
(SINGLE FAMILY i PLANNED UNIT DEVELOPMENT
WHEREAS, Touchstone, LLC, the owner of the property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tract of land
be zoned R-2, Single Family Residential with a Planned Unit Development overlay
on approximately 50 acres of land, and
WHEREAS, the property is located on the northeast corner of Three Mile Drive and Farm to
Market Road, and
WHEREAS, the petition of Touchstone, LLC was the subject of a report compiled by the Tri-City
Planning Office, Staff Report #KA-04-18 / KPUD-04-7, in which the Tri-City
Planning Office evaluated the petition and recommended that the property as
described above be zoned R-3, Urban Single Family Residential with a Planned Unit
Development overlay, and
WHEREAS, the Kalispell City Planning Board held a Public Hearin er on January 11,
2005, and recommended that the initial zoning bI;z-
up Single Family
Residential with a Planned Unit Development overlay, on to the City of
Kalispell, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-2, 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 76-3-608,
M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the
amended findings of fact of TCPO as set forth in Staff Report No. KA-04-18 /
KPUD-04-7.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the
property described above as R-2, Single Family Residential with a Planned
Unit Development overlay on approximately 50 acres.
1
SECTION II. The Planned Unit Development proposed by Touchstone, LLC upon the real
property described in Exhibit "A", attached hereto, incorporated herein, and
thereby made a part hereof, is hereby approved, subject to the following
conditions:
1. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional conditions
associated with the PUD as approved by the city council. (Kalispell Subdivision Regulations,
Appendix C — Final Plat).
2. That the development of lots in the PUD shall be subject to architectural review as outlined in
the application and supporting materials and a letter be submitted to the Kalispell Site
Development Review Committee from the Architectural Review Committee of the
homeowners association prior to the issuance of a building permit.
3. That the plans and specifications for all public infrastructure be designed and installed in
accordance with the Kalispell Design and Construction Standards and a letter shall be obtained
stating that they have been reviewed and approved by the Kalispell Public Works Department.
(Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01).
4. That a minimum 20-foot buffer strip shall be established between Three 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 are to be coordinated with the Kalispell Public
Works Department, Parks and Recreation Department, Flathead County Road Department and
Montana Department of Transportation.
5. That a pedestrian trail be developed within the BPA easement between the two internal
roadways that has been reviewed and approved by the Kalispell Parks and Recreation
Department. The cost of developing the pedestrian path shall be counted towards the parkland
dedication requirements. (Kalispell Site Development Review Committee).
6. 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).
7. That the area designated on the plat as "park" shall satisfy in part 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 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. Parkland
dedication requirements are based upon 11 percent of the area in lots. Subtracting the required
one acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for
3.25 acres in parkland or a combination of parkland with improvements. The remaining 1.79
acres can be met through a cash equivalent in improvements to the property. Based on a
valuation of $18,000 per acre, remaining improvements and or cash in lieu of parkland would
be in the amount of $32,220. (Kalispell Subdivision Regulations, Section 3.19).
8. The following requirements shall be met per the Kalispell Fire Department: Kalispell
Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with the
International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code
(2003) Section 503.
d. Due to project phasing it should be noted that hazardous weed abatement shall be
provided in accordance with City of Kalispell Ordinance 10-8.
e. Section E. Supportive Documentation, Item (a), indicates designation of a .51 acre lot for
construction of a future fire station. It should be noted that the minimum lot size
acceptable for fire station design is 200 feet by 200 feet.
f. It is recommended that consideration be given to annexation of Three Mile Drive and
Farm to Market Road adjacent to the public right-of-way.
9. That the parcel indicated for the fire department substation be increased in size in accordance
with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell
at the time of final plat submittal. If the lot proposed for the fire department substation is not
needed or wanted by the City, a letter shall be obtained from the Kalispell Fire Department
stating as much as the lot shall be converted to two lots for single family residential
development.
10. That a provision be made for a future 60 foot right of way easement within the subdivision that
would allow for the extension of the proposed roadway to provide future access to adjoining
properties to the west in the area of the BPA transmission easement along the north boundary.
(Kalispell Subdivision Regulations, Section. 3.04).
11. 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 improvements have
been satisfactorily completed. (MDOT)
12. The roads within the subdivision shall be named and signed in accordance with the policies of
the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and
be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained
from the Kalispell Public Works Department stating the naming and addressing on the final plat
have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09).
13. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of utilities
from this subdivision to adjoining properties. A five foot utility easement be placed behind the
right-of-way along all lots to allow for the placement of utilities minus City sewer and water. The
placement of utilities should be coordinated with the respective utility companies prior to
construction. A letter from the Kalispell Public Works Department shall be obtained stating that
the required easements are being shown on the final plat. (Kalispell Public Works Department).
14. After the construction and installation of utilities are completed, the developer shall insure that all
property corners are replaced by a licensed surveyor that might have been disturbed during
construction. In locations where there is a conflict such as an electrical pad, an offset marketer
shall be placed and recorded on the final plat. (Kalispell Public Works Department)
15. The filling of the gravel pit should be coordinated with the City of Kalispell Public Works
Department with the appropriate testing performed and documented. (Kalispell Public Works
Department).
16. That the covenants and homeowners by-laws specifically include the required setbacks and
other development standards. That a provision be included in the covenants and by laws that
addresses the assessments and maintenance of the common areas including the BPA easement.
Additional language be included in the covenants to prohibit the dumping of any lawn
clippings, leaves, garbage or other debris in the BPA easement. That the covenants be
corrected to reflect the correct language that relates to this subdivision and eliminates language
that refers to the maintenance of private water and / or sewage treatment systems.
17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
18. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
3.09(L)).
19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
22. A note shall be placed on the face of the final plat which waives protest to the creation of a
ecial improvement district for upgrade of roads in the area to City standards which are
impacted by this subdivision.
23. The lots within the development be amended to comply with the size dimensional and size
requirements of the R-2 zoning district.
24. That a development agreement be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site.
25. 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 as
2
each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision
Regulations, Section 2.04).
SECTION III. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 22ND DAY OF FEBRUARY, 2005.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
5
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel.net
January 26, 2005
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Touchstone, LLC Request for Annexation and Initial Zoning Designation of
R-2 with a Planned Unit Development (PUD) Overlay
Dear Jim:
The Kalispell City Planning Board met on January 11, 2005 and held a public hearing
to consider a request by Touchstone, LLC for an initial zoning designation of R-
2/PUD, Single Family Residential, with a Planned Unit Development (PUD) overlay
upon annexation into the city. The property proposed for annexation is located
northwest of Kalispell on the northeast corner of Three Mile Drive and Farm to Market
Road. The property contains approximately 50 acres. In conjunction with the
annexation and proposed PUD zoning designation, a 171 lot subdivision for the
property has been submitted. Currently the property is in the County zoning
jurisdiction and is zoned AG-20, an Agricultural zoning district that has an 20 acre
minimum lot size requirement for newly created lots, and County SAG-10, a
Suburban Agricultural zoning district that has a 10 acre minimum lot size
requirement for newly created lots.
Narda Wilson, of the Tri-City Planning Office, presented staff reports KA-04-18 and
KPUD-04-7 evaluating the proposal. Staff recommended amending the proposal to R-
3/PUD (Urban Single -Family Residential) zoning upon annexation to the city subject
to the conditions listed in the staff report.
During the public hearing the applicants representative spoke in favor and one person
expressed concerns regarding the environmental impact to Spring Creek wetlands,
speed limit on Farm to Market Road, any health hazards associated with the high
voltage lines, and the creation of islands of zoning.
The board discussed the proposal and considered the testimony. A motion was made
and seconded to recommend initial zoning of City R-2/PUD (Single -Family
Residential) and increase the size and setbacks of the lots to make it consistent with
the R-2 zone. The amendment passed on a vote of 4-3. A motion was made to
forward a recommendation of approval, as amended, to the Kalispell City Council of R-
2/PUD upon annexation to the City, and subject to conditions. The motion passed on
a vote of 6-1. The recommended conditions are attached as Exhibit A. The legal
description for annexation is attached as Exhibit B.
Providing Community Planning Assistance To:
® City of Columbia Falls ° City of Kalispell ° City of Whitefish °
Touchstone, LLC, Annexation and Initial Zoning
January 26, 2005
Page 2
Please schedule this matter for the February 7, 2005 regular City Council meeting.
You may contact this board or Narda Wilson at the Tri-City Planning Office if you have
any questions regarding this matter.
Sincerely
Kalispell City Planning Board
Geor Taylor
President
GT/NW/ma
Attachments: Exhibit A - PUD Conditions of Approval
Petition to annex (original)
Exhibit B - legal description
Staff report KA-04-18 / KPUD-04-7 and application materials
Draft minutes 1 / 11 /05 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Touchstone, LLC, 1289 North Meridian Road, Kalispell, MT 59901
Marquardt & Marquardt Surveying, 285 - lst Avenue, WN, Kalispell, MT
59901
TRANSMIT/ KALISPELL/ 2004 / KA04-18 & KPUD-04-7
Touchstone, LLC, Annexation and Initial Zoning
January 26, 2005
Page 3
MOUNTAINEXHIBIT A
••
CONDITIONS OF .. •RECOMMENDED
KALISPELL • D
• •
The Kalispell City Planning Board is recommending the following conditions to the
Kalispell City Council for the above referenced planned unit development and
preliminary plat. A public hearing was held on this matter at the January 11, 2005:
1. That the development of the site shall be in substantial compliance with the
application submitted, the site plan, materials and other specifications as well as
any additional conditions associated with the PUD as approved by the city
council. (Kalispell Subdivision Regulations, Appendix C - Final Plat).
2. That the development of lots in the PUD shall be subject to architectural review
as outlined in the application and supporting materials and a letter be submitted
to the Kalispell Site Development Review Committee from the Architectural
Review Committee of the homeowners association prior to the issuance of a
building permit.
3. That the plans and specifications for all public infrastructure be designed and
installed in accordance with the Kalispell Design and Construction Standards
and a letter shall be obtained stating that they have been reviewed and approved
by the Kalispell Public Works Department. (Kalispell Subdivision Regulations,
Chapter 3, Design Standards, Section 3.01).
4. That a minimum 20-foot buffer strip shall be established between Three 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 are
to be coordinated with the Kalispell Public Works Department, Parks and
Recreation Department, Flathead County Road Department and Montana
Department of Transportation.
5. That a pedestrian trail be developed within the BPA easement between the two
internal roadways that has been reviewed and approved by the Kalispell Parks
and Recreation Department. The cost of developing the pedestrian path shall be
counted towards the parkland dedication requirements. (Kalispell Site
Development Review Committee).
6. 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).
7. That the area designated on the plat as "park" shall satisfy in part the
requirements for parkland dedication and shall be developed in accordance with
Touchstone, LLC, Annexation and Initial Zoning
January 26, 2005
Page 4
a plan approved by the Kalispell Parks and Recreation Director that provides
recreational amenities including but not limited to pedestrian access, irrigation,
landscaping and play equipment so as to provide a recreational component
within the development and not simply left as passive open space. Parkland
dedication requirements are based upon 11 percent of the area in lots.
Subtracting the required one acre parcel for the fire substation approximately
29.54 acres is in lots generating a need for 3.25 acres in parkland or a
combination of parkland with improvements. The remaining 1.79 acres can be
met through a cash equivalent in improvements to the property. Based on a
valuation of $18,000 per acre, remaining improvements and or cash in lieu of
parkland would be in the amount of $32,220. (Kalispell Subdivision Regulations,
Section 3.19).
8. The following requirements shall be met per the Kalispell Fire Department:
Kalispell Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance
with the International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by
this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire
Code (2003) Section 503.
d. Due to project phasing it should be noted that hazardous weed abatement shall
be provided in accordance with City of Kalispell Ordinance 10-8.
e. Section E. Supportive Documentation, Item (a), indicates designation of a .51
acre lot for construction of a future fire station. It should be noted that the
minimum lot size acceptable for fire station design is 200 feet by 200 feet.
f. It is recommended that consideration be given to annexation of Three Mile
Drive and Farm to Market Road adjacent to the public right-of-way.
9. That the parcel indicated for the fire department substation be increased in size
in accordance with the requirements of the Kalispell Fire Department and be
conveyed to the City of Kalispell at the time of final plat submittal. If the lot
proposed for the fire department substation is not needed or wanted by the City,
a letter shall be obtained from the Kalispell Fire Department stating as much as
the lot shall be converted to two lots for single family residential development.
10. That a provision be made for a future 60 foot right of way easement within the
subdivision that would allow for the extension of the proposed roadway to provide
future access to adjoining properties to the west in the area of the BPA
transmission easement along the north boundary. (Kalispell Subdivision
Regulations, Section. 3.04).
11. 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
Touchstone, LLC, Annexation and Initial Zoning
January 26, 2005
Page 5
associated and necessary improvements have been satisfactorily completed.
(MDOT)
12. The roads within the subdivision shall be named and signed in accordance with
the policies of the Kalispell Public Works Department and the Uniform Traffic
Control Devices Manual and be subject to review and approval of the Kalispell
Fire Department. A letter shall be obtained from the Kalispell Public Works
Department stating the naming and addressing on the final plat have been
reviewed and approved (Kalispell Subdivision Regulations, Section 3.09).
13. All existing and proposed easements shall be indicated on the face of the final plat.
Utility easements for City water and sewer shall be provided to allow for the logical
extension of utilities from this subdivision to adjoining properties. A five foot utility
easement be placed behind the right-of-way along all lots to allow for the
placement of utilities minus City sewer and water. The placement of utilities
should be coordinated with the respective utility companies prior to construction.
A letter from the Kalispell Public Works Department shall be obtained stating that
the required easements are being shown on the final plat. (Kalispell Public Works
Department).
14. After the construction and installation of utilities are completed, the developer
shall insure that all property corners are replaced by a licensed surveyor that
might have been disturbed during construction. In locations where there is a
conflict such as an electrical pad, an offset marketer shall be placed and recorded
on the final plat. (Kalispell Public Works Department)
15. The filling of the gravel pit should be coordinated with the City of Kalispell Public
Works Department with the appropriate testing performed and documented.
(Kalispell Public Works Department).
16. That the covenants and homeowners by-laws specifically include the required
setbacks and other development standards. That a provision be included in the
covenants and by laws that addresses the assessments and maintenance of the
common areas including the BPA easement. Additional language be included in
the covenants to prohibit the dumping of any lawn clippings, leaves, garbage or
other debris in the BPA easement. That the covenants be corrected to reflect the
correct language that relates to this subdivision and eliminates language that
refers to the maintenance of private water and / or sewage treatment systems.
17. The developer shall provide a letter from the U.S. Postal Service approving the
plan for mail service. (Kalispell Subdivision Regulations, Section 3.22).
18. Street lighting shall be located within the subdivision and shall be shielded so
that it does not intrude unnecessarily onto adjoining properties. (Kalispell
Subdivision Regulations Section 3.09(L)).
Touchstone, LLC, Annexation and Initial Zoning
January26, 2005
Page 6
19. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17).
20. That a minimum of two-thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal.
21. All areas disturbed during development of the subdivision shall be re -vegetated
with a weed -free mix immediately after development.
22. A shall be placed on the face of the final plat which waives protest to the creation
of a special improvement district for upgrade of roads in the area to City
standards which are impacted by this subdivision.
23. The lots within the development be amended to comply with the size dimensional
and size requirements of the R-2 zoning district.
24. That a development agreement be drafted by the Kalispell City Attorney between
the City of Kalispell and the developer outlining and formalizing the terms,
conditions and provisions of approval. The final plan as approved, together with
the conditions and restrictions imposed, shall constitute the Planned Unit
Development (PUD) zoning for the site.
25. 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 as each phase of the subdivision plat has
been completed and filed. (Kalispell Subdivision Regulations, Section 2.04).
Touchstone, LLC, Annexation and Initial Zoning
January 26, 2005
Page 7
A�
TOUCHSTONE.a :Dr F
LEGAL DESCRIPTION
Parcels A & B of Certificate of Survey # 16084 in Section 2, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana.
WA
• •- • • • •
OFFICETRI-CITY PLANNING
REPORTSTAFF •KPUD-04-7
2005
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
an initial zoning designation of R-2 /PUD upon annexation to the city of Kalispell. A
public hearing has been scheduled before the Kalispell City Planning for January 11,
2005 beginning at 7:00 PM, to consider appropriate zoning for the property to be
annexed. The planning board will forward a recommendation for appropriate zoning to
the Kalispell City Council for consideration.
The applicant has petitioned for annexation and an initial zoning designation of R-
2/PUD, a Single -Family Residential district, on approximately 50.17 acres. This
report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This
property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610,
M.C.A., Annexation by Petition.
A. Petitioner / Owner: Touchstone, LLC
1289 North Meridian Rd.
Kalispell, MT 59901
Technical Assistance: Marquardt &. Marquardt Surveying, Inc.
285 - lst Avenue, EN
Kalispell, MT 59901
(406) 755-6285
B. Nature of the Request: This is a request for an initial zoning designation of R-2,
Single Family Residential, with a Planned Unit Development overlay on
approximately 50.17 acres. The property is located northwest of Kalispell on the
northeast corner of Three Mile Drive and Farm to Market Road. This property is
in the County zoning jurisdiction and is zoned AG-20, an Agricultural zoning
district that has a minimum lot size requirement of 20 acres for newly created lots
and SAG-10, Suburban Agricultural, a zoning district that has a minimum lot
size requirement of ten acres for newly created lots. It is the intent of this PUD to
allow a shift in the density of the R-2 zoning district by creating single family and
two unit townhouse lots along with a common area (BPA utility easement) and
park area.
The PUD zoning overlay provides a mechanism for the developer to gain flexibility
in lot sizes, housing types and site configuration that would not otherwise be
allowed under a strict R-2 zoning designation. The R-2 zoning has a minimum lot
size requirement of 9,600 square feet and a minimum lot width of 70 feet. Under
a PUD, these dimensional requirements can be flexed without an increase in the
overall allowable density. The overall density allowed under the PUD for the R-2
zoning district is a maximum of five dwelling units per acre.
This subdivision contains approximately 50.17 acres with a total of 171 lots. The
subdivision lots consist of 110 single family lots and 60 two unit townhouses on
sublots and one lot designated as commercial that is actually intended for a fire
department substation. An approximately 1.46 acre park that is centrally located
within the subdivision has been designated as a homeowners park. This is a
gross density of 3.4 dwelling units per acre. It is noteworthy that there is
significant area within the site that is approximately 250 feet wide and 1250 feet
long that is a Bonneville Power Association (BPA) easement for overhead electrical
transmission lines. This area has restrictions related to development except for
generally at grade improvement. No development can or would occur within the
BPA easement, but has been included within the overall density calculations for
the subdivision. The BPA easement would be owned and maintained by the
homeowners within the subdivision.
C. Location and Legal Description of Property: The property proposed for
annexation and the initial zoning request is located on the northeast corner of
Three Mile Drive and Farm to Market Road. The property address is 685 Three
Mile Drive and can be described as Assessors Tracts 1D and 1DB located in
Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County,
D. Existing Land Use and Zoning: The property proposed for annexation is
currently developed with a single family residence. The existing residence will
remain on site and a lot for it will be created as part of this subdivision.
Currently this property is in the County zoning jurisdiction and is part of the
West Valley Zoning District currently zoned AG-20, Agricultural, and SAG-10,
Suburban Agricultural, with the West Valley Overlay. This is an agricultural
district that provides a mechanism for clustering based on one dwelling per five
acres. As previously mentioned, a petition for annexation to the city of Kalispell
and an initial zoning designation of R-2 with a PUD overlay has been filed
concurrently with the request for preliminary plat approval.
E. Adjacent Land Uses and Zoning: This property is located in an area that can be
considered generally beyond the urban fringes of the city and in a somewhat rural
area of the county. Recent extension of utilities to within approximately one half
mile of the site indicates that the transitional area from rural to urban is
expanding quickly.
North: Large tract rural residential, County AG-20 and SAG-5 WVO
zoning
South: Large tract agricultural, County AG-80, WVO zoning
East: Rural residential, County AG-80 WVO zoning
West: Large tract agricultural, AG-80 WVO zoning
F. Proposed Zoning: The proposed R-2, Single Family Residential zone lists single-
family residences as permitted uses and has a minimum lot size requirement of
9,600 square feet and a width of 70 feet. The applicant is requesting a PUD that
would allow the creation of two unit townhouses and a commercial lot that would
be conveyed to the City for a fire department substation.
G. General Land Use Character: The general land use character of this area can be
described as primarily agricultural land transitionin.g toward residential uses with
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city annexation and services. This area can also be described as being generally
beyond urban the fringes of Kalispell with significant development pressures to
the west approximately one half mile.
H. Utilities and Public Services: All available public services and facilities will be
provided to these properties at the same level of service as other properties
similarly situated in the city limits.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
Contract hauler available
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyTel
Schools:
West Valley School District & School District #5, Kalispell
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
I. Relation to Boning Requirements: The applicants are proposing annexation
and an initial zoning designation of R-2 with a PUD overlay. The R-2 zoning
district has a minimum lot size requirement of one dwelling unit per 9,600 square
feet or approximately 3.3 dwelling units per acre. With a PUD overlay the zoning
allows five dwelling units per acre. This property contains a total of 50.17 acres.
The overall density of the Mountain Vista Estates Planned Unit Development
based on 50.17 acres would be approximately 3.41 dwelling units per acre, below
that which would be allowed under the PUD provisions. The deviation from the
R-2 zoning requirements, which is generally considered single family residential,
is that this development will have a mix of lot sizes and housing types. For
instance, the PUD mechanism allows the creation of individual lots under the
required 9,600 square feet and would also allow attached dwellings that would be
created with a townhouse situation. Essentially this would result in a variation to
the setback requirements, thereby allowing a zero setback between dwelling
units.
More specifically, approximately half of the lots within the subdivision are below
the minimum lot width of 70 feet with most of the lots being between 65 to 70 feet
in width, a minor deviation. Setbacks for the R-2 zoning district are 20 feet in the
front, 10 feet on the sides and rear and 20 feet on the side corner. The two unit
townhouses would have a zero setback at the common boundary. Setbacks are
proposed to be 20 feet in the front, rear and side corner, but five feet on the sides
rather than 10 feet. The proposed commercial lot is indicated on the preliminary
plat application to be intended to be conveyed to the City of Kalispell for a fire
department substation. Fire stations are listed as a conditionally permitted use
in the R-2 district, but in this case would be allowed to be developed without the
extra level of review when the time comes.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
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1. Does the requested zone comply with the growth policy?
The property is designated by the Kalispell Growth Policy future land use map as
"Suburban Residential" which anticipates residential development with a density
of up to four dwelling units per acre. Because of the provision of public water
and sewer to the site, the proposed R-2 zoning designation is in compliance with
the future land use designation for the area. The R-2 zoning has a minimum lot
size requirement of 9,600 square feet. The proposed zoning and associated PUD
is in compliance with the anticipated densities and residential use of the land in
this area which anticipates single-family dwellings in urban residential areas.
2. Is the requested zone designed to lessen congestion in the streets?
Once the property is developed, all of the new development and infrastructure
will be constructed to City standards. Density and traffic in the area will
increase. The increased density will allow for more efficient provision of public
services, including roads. By increasing the density, the future population of this
site will be closer to public facilities. Vehicle trips become shorter, resulting in
fewer miles driven. Also, some residents may choose to walk or ride bicycles at
least some of the time, further reducing vehicle congestion.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an
emergency. There are no features related to the property which would
compromise the safety of the public. New construction will be required to be in
compliance with the building safety codes of the City which relate to fire and
building safety. All municipal services including police and fire protection
(including hydrants), water and sewer service is available to the area and will be
extended as part of the development of this property.
4. Will the requested zone promote the health and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those that would be compatible with the adjoining
properties and providing a place for new housing in the community. The urban
densities being proposed are generally required in order to make subdivision of
these lands economically feasible. The cost of rural land along with the
extension of utilities and development of urban infrastructure require densities
such as those being proposed. Without urban densities the cost per lot creates
housing that is affordable only to a few and not to the median or even above
income levels. Benefits to the public primarily relates to providing a diversity of
housing stock in a safe and healthy environment
5. Will the requested zone provide for adequate light and air?
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell Zoning Ordinance to insure adequate light and air
is provided.
6. Will the requested zone prevent the overcrowding of land?
This area is designated as being with the Kalispell Potential Utility Service
Boundary in the Kalispell Growth Policy and is anticipated for urban residential
development. Now that public water and sewer are in close proximity, an R-2
zoning designation is appropriate. The anticipated density falls within the
proposed R-2 / PUD zoning designation. All public services and facilities will be
available to serve this subdivision. Currently this property is in the County
jurisdiction and is zoned AG-20, Agricultural, and SAG-10, Suburban
Agricultural, but they do not have access to public sewer and water without
annexation.
7. Will the requested zone avoid undue concentration of people?
The allowable density for this property will change as a result of annexation.
Minimum lot standards and use standards as well as subdivision development
standards will avoid the undue concentration of people at the time the property is
developed.
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
All public services and facilities are currently available or can be provided to the
property. Development should be encouraged in areas where these services are
available.
9. Does the requested zone give consideration to the particular suitability of the
Property for particular uses?
The proposed R-2 zoning district is consistent with the surrounding zoning and
land uses in the area and gives due consideration of the suitability of this
property for the permitted uses in the district. Densities below what is being
proposed would not serve the community as a whole considering the level of
growth and interest in the type of lots that are being proposed. This area is on
the very urban / rural interface, but it can be anticipated that the city will
continue to grow in this direction with similar densities in the area.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is moving toward urban sized lots for
residential development on City sewer. The same type and density of
development can be anticipated to occur on this property that is in the area and
will be consistent with the character of the neighborhood.
11. Will the proposed zone conserve the value of buildings?
Values of the buildings in the area will be conserved because the R-2 zoning will
promote compatible uses on this property, compared with other properties in the
area.
E
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
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 zoning in the area.
EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL:
Project Narrative: This is a request for an initial zoning designation of R-2, Single
Family Residential, with a Planned Unit Development overlay on approximately 50.17
acres. The property is located at the northeast corner of Three Mile Drive and Farm to
Market Road approximately one half mile from the city limits to the west. There is an
existing single family home currently on the site that will be retained on the property
and an approximately one acre parcel is being created to accommodate the dwelling.
The property is currently in the County zoning jurisdiction and is zoned AG-20,
Agricultural, and SAG-10, Suburban Agricultural. This district allows a density of one
dwelling per five acres provided it is within a cluster development. The annexation of
this property to the city and availability of public utilities would allow a higher
residential density. The planned unit development overlay (PUD) would allow for a
mix of residential housing consisting of single family dwellings and two unit
townhouses. As proposed the housing would be detached and attached single family
dwellings. The PUD approach allows the developer flexibility in lot sizes, housing
types and site configuration that would not otherwise be allowed under a strict R-2
zoning designation. The R-2 zoning has a minimum lot size requirement of 9,600
square feet and a minimum lot width of 70 feet.
As noted above, the Kalispell Zoning Ordinance allows a maximum density of five
dwelling units per acre with a PUD in an R-2 district. As proposed the PUD would have
a maximum of 170 dwelling units on 49.66 acres and a commercial lot intended for a
fire station on approximately 0.51 of an acre which calculates to a density of 3.42
dwelling units per acre. A homeowners park near the center of the development
consists of approximately 1.46 acres and would be commonly owned and maintained by
the property owners within the subdivision. It is noteworthy that approximately 4.98
acres which is designated as common area is a BPA power transmission easement
which can only used for at grade improvements such as road or walking trails. The
overall density within the subdivision has included the BPA transmission easement
which will also be owned and maintained by the property owners within the subdivision.
The development of the subdivision would occur in three phases with the first phase at
the eastern most boundary of the development and the development of the road access
off of Three Mile Drive. The phasing would move from east to west depending on the
market conditions. It is anticipated that the build out would be from three to eight
years. The access from Farm to Market Road into the subdivision would be located at
the northern most corner because of the curve at this junction and also to provide
future access for the property to the north should it develop at some point in the
future.
0
In this same area where the fire station is proposed near the northwest corner of the site
an old gravel pit exists that would be filled and compacted prior to development to
ensure that a safe and stable area for a road and future buildings can be provided.
Criteria for the Creation of a Planned Unit Development (PUD) District
The following information and evaluation criteria are from Section 27.21.020(2), of the
Kalispell Zoning Ordinance. The intent of the planned unit development provisions
are to provide a zoning district classification which allows some flexibility in the zoning
regulations and the mixing 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 Application Based Upon PUD Evaluation Criteria: The zoning
regulations provide that the planning board shall review the PUD application and plan
based on the following criteria:
1. 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 from the zoning with regard to the housing
types that would be anticipated in the development which would be a mix of attached
and detached single family residences. There are 60 two unit townhouses and 110
single family dwellings being proposed. With the townhouses this would result in a
zero lot line setback between the units. Additionally there may be some deviation from
the minimum lot size requirement and lot width requirements of the R-2 zoning
district as each of the "sublots" are developed and sold as individual lots.
Additionally, many of the single family dwelling lots are below the minimum lot size of
9,600 square feet and are more in the range of approximately 8,000 square feet.
The developer is requesting a deviation from the setbacks for lots within the
subdivision with five foot side yard setbacks rather than the required 10 foot side yard
setbacks. This will allow more flexibility in locating the buildings. The proposed
commercial lot within the subdivision near the northwest corner of the property is
proposed to be used for a fire department substation. Fire stations are listed as a
conditionally permitted use in the residential zones and as a result of the PUD review
it would not be subject to the conditional use permit review in the future.
In essence the proposed lot sizes and setbacks more closely reflect an R-3, Urban
Single Family Residential, zoning designation which has a minimum lot width
requirement of 60 feet, a minimum lot size of 7,000 square feet and five foot side yard
setbacks. For ease of administration it may be more practical to assign this project an
R-3 zoning designation upon annexation rather than an R-2 since it more closely
reflects those standards. The R-3 zoning still does not allow the two unit townhouses
as a permitted use and the creation of the two unit townhouse lots would be a
deviation from the R-3 zoning designation that can be handled through the PUD
review process.
7
2. The nature and extent of the common open space in the planned
development project, the reliability of the proposals for maintenance and
conservation of the common open space and the adequacy or inadequacy of
the amount and function of the open space in terms of the land use,
densities and dwelling types proposed in the plan;
Open space is defined in the Kalispell Zoning Ordinance as "Any part of a lot
unobstructed from the ground upward. Any area used for parking or maneuvering of
automotive vehicles or storage of equipment or refuse shall 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
containing approximately 1.46 acres is indicated on the preliminary plat that would be
developed as a homeowners park for recreational purposes. There is also a large BPA
transmission easement through the eastern one/third of the property that contains
approximately 4.98 acres that is indicated as common area and is subject to building
restrictions other than at grade improvements such as a road or pedestrian access.
The common area under the power lines is questionable with regard to parkland and
the recommendation of the staff is that it can be viewed as passive open space, but not
as meeting the parkland dedication requirements. The homeowners park area and the
park would not be open for use by the general public. The park area will need to be
developed and maintained so that the area can provide recreational amenities to the
development.
Additionally, a bike and pedestrian trail as well as a buffer area approximately 20 feet
wide is proposed along the perimeter of the site along the roadways of Three Mile Drive
and Farm to Market Road. Although this is an amenity to the subdivision, it serves
primarily as a safety component for residents in the area as well as creating some
separation between the subdivision and the very busy State secondary highway along
which it fronts.
3. The manner in which said plan does or does not make adequate provision
for public services, provide adequate control over vehicular traffic and
further the amenities of light or air, recreation and visual enjoyment;
The extension of public water and sewer to the site will be required to serve the
subdivision. Most of the public utilities will come from the east where they are
available in the Three Mile Drive right-of-way and planned to be extended to and
through the subdivision to the east. They will be required to be designed and
constructed in accordance with the Kalispell Standards for Design and Construction.
Additionally, new roadways within the subdivision will be required to be constructed
to City standards and are indicated on the overall development plan for the PUD. The
internal roadways providing access to the lots will loop through the subdivision from
the east to the west. A future road extension from this subdivision to the east is also
indicated near the northeast corner of the development to provide for access in the
future should this property develop. Staff would recommend that an additional future
roadway easement be indicated on the final plat in the area of the center of the BPA
transmission easement along the north boundary to also provide for a future roadway
extension to this area should these properties to the north at some point need access
for future development.
E3
Storm water management will be required to be handled and retained on site and the
BPA transmission easement as well as the park area can be used to implement that
requirement. An engineered stormwater management plan will be required as part of
the plans and specifications for the overall development proposal. A plan for storm
water management will need to be designed in accordance with City standards and
will be reviewed and approved by the Kalispell Public Works Department.
Parkland dedication is proposed to be addressed through the dedication of a private
park area within the subdivision. This park area will need to be developed with
recreational amenities that keep them well maintained and functional. Simply
maintaining them as green space does not constitute the satisfaction of parkland
dedication requirements. The proposed park areas will need to be further developed
with irrigation, landscaping and recreational amenities. The BPA easement is
indicated as common area and necessarily has development restrictions associated
with it. It may serve as passive open space and considered an amenity if the property
maintained, but it would be difficult to assert that it provides a recreational
component to the subdivision.
Although more of a safety issue than a recreational or park amenity, a 20 foot wide
buffer, bike and pedestrian trail will be developed along Three Mile Drive and Farm to
Market Road. This component is consistent with the treatment of other subdivisions
in this area and will eventually provide a connected pedestrian access system along
this very busy, but narrow roadway.
4. The relationship, beneficial or adverse, of the planned development
project upon the neighborhood in which it is proposed to be established;
To address neighborhood issues, the staff would recommend that if there are concerns
from the neighbors to the north the perimeter lots be converted to single family lots
rather than the two unit townhouses and that the townhouses be located elsewhere in
the subdivision to allow the developer to retain the same density. Prior to the
extension of public utilities to this area and even to date, this area is dominated by
large tract rural residential and agricultural uses.
S. In 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 iiategii y of the plan which ainc7'ing shall be made only after
consultation with the city attorney;
This development is being proposed in three phases with first phase of the
development to the east where utilities and access are most available. The subsequent
phases of the development will be expanded as the market conditions allow moving the
phases from the east to the west. Phasing of the development will be dependent on
the availability of utilities, access and timing. The City of Kalispell has been entering
into a development agreement with the developer of past planned unit developments
which has adequately insured and maintained the overall integrity of the development,
the installation of required infrastructure and amenities as well as the impacts the
development may have on adjoining properties. Additionally, a subdivision is being
submitted concurrently with the PUD which will have conditions of approval that must
be met prior to the filing of the final plat that would allow the conveyance of lots. A
standard condition of approval is that two-thirds of the required infrastructure be
.61
completed prior to final plat approval which insures that the primary and essential
aspects of the needed infrastructure be completed. A bond or other guarantee can be
filed with the City of Kalispell in the amount of 125 percent of the remaining required
infrastructure to insure the completion of the project. Remaining improvements are
generally completed within one year of the filing of the final plat.
6. Conformity with all applicable provisions of this chapter.
The majority of lots within the subdivision do not meet the minimum lot width or lot
size standards of 70 feet in width and 9,600 feet in size. Additionally, the side yard
setbacks are proposed to be five feet throughout the subdivision rather than the
required 10 feet. It may be more appropriate to consider assigning this development a
zoning designation of R-3 / PUD rather than the R-2 for the ease of administration
when the time comes to obtain a building permit. The two single family residences or
townhouses will have a zero setback at a common boundary, will share the "parent
tract", and two "sublots" will be created from the lot. This essentially provides for the
creation of options to the single family residences which has the effect of reducing land
costs and maintenance issues for the future homeowner. Alternately, to provide
greater consistency with the regulations it may be prudent to require that the lots and
the parent tracts within the subdivision be revised so that they meet the minimum
standards of the R-2 zoning district since it does not appear that there is a significant
set aside in open space or the creation of other common or public amenities that
would benefit the public or homeowners in general. No other specific deviations from
the Kalispell Zoning Ordinance can be identified based upon the information
submitted with the application.
Ingeremms
Staff recommends that the Kalispell City Planning Board adopt staff report KA-04-18 /
KPUD-04-7 as findings of fact and recommend to the Kalispell City Council that the
property be assigned a zoning designation of R-3 / PUD subject to the following
conditions:
1. That the development of the site shall be in substantial compliance with the
application submitted, the site plan, materials and other specifications as well as
any additional conditions associated with the PUD as approved by the city
council. (Kalispell Subdivision Regulations, Appendix C - Final Plat).
2. That the development of lots in the PUD shall be subject to architectural review
as outlined in the application and supporting materials and a letter be submitted
to the Kalispell Site Development Review Committee from the Architectural
Review Committee of the homeowners association prior to the issuance of a
building permit.
3. That the plans and specifications for all public infrastructure be designed and
installed in accordance with the Kalispell Design and Construction Standards and
a letter shall be obtained stating that they have been reviewed and approved by
the Kalispell Public Works Department. (Kalispell Subdivision Regulations,
Chapter 3, Design Standards, Section 3.01).
10
4. That a minimum 20-foot buffer strip shall be established between Three 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 are
to be coordinated with the Kalispell Public Works Department, Parks and
Recreation Department, Flathead County Road Department and Montana
Department of Transportation.
5. That a pedestrian trail be developed within the BPA easement between the two
internal roadways that has been reviewed and approved by the Kalispell Parks
and Recreation Department. The cost of developing the pedestrian path shall be
counted towards the parkland dedication requirements. (Kalispell Site
Development Review Committee).
6. 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).
7. That the area designated on the plat as "park" shall satisfy in part 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 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. Parkland dedication
requirements are based upon 11 percent of the area in lots. Subtracting the
required one acre parcel for the fire substation approximately 29.54 acres is in
lots generating a need for 3.25 acres in parkland or a combination of parkland
with improvements. The remaining 1.79 acres can be met through a cash
equivalent in improvements to the property. Based on a valuation of $18,000 per
acre, remaining improvements and or cash in lieu of parkland would be in the
amount of $32,220. (Kalispell Subdivision Regulations, Section 3.19).
8. The following requirements shall be met per the Kalispell Fire Department:
Kalispell Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fine flows shall be in accordance
with the International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by
this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire
Code (2003) Section 503.
d. Due to project phasing it should be noted that hazardous weed abatement shall
be provided in accordance with City of Kalispell Ordinance 10-8.
e. Section E. Supportive Documentation, Item (a), indicates designation of a .51
acre lot for construction of a future fire station. It should be noted that the
minimum lot size acceptable for fire station design is 200 feet by 200 feet.
f. It is recommended that consideration be given to annexation of Three Mile Drive
and Farm to Market Road adjacent to the public right-of-way.
11
9. That the parcel indicated for the fire department substation be increased in size
in accordance with the requirements of the Kalispell Fire Department and be
conveyed to the City of Kalispell at the time of final plat submittal. If the lot
proposed for the fire department substation is not needed or wanted by the City,
a letter shall be obtained from the Kalispell Fire Department stating as much as
the lot shall be converted to two lots for single family residential development.
10. That a provision be made for a future 60 foot right of way easement within the
subdivision that would allow for the extension of the proposed roadway to provide
future access to adjoining properties to the west in the area of the BPA
transmission easement along the north boundary. (Kalispell Subdivision
Regulations, Section. 3.04).
11. 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 improvements have been satisfactorily completed.
(MDOT)
12. The roads within the subdivision shall be named and signed in accordance with
the policies bf the Kalispell Public Works Department and the Uniform Traffic
Control Devices Manual and be subject to review and approval of the Kalispell
Fire Department. A letter shall be obtained from the Kalispell Public Works
Department stating the naming and addressing on the final plat have been
reviewed and approved (Kalispell Subdivision Regulations, Section 3.09).
13. All existing and proposed easements shall be indicated on the face of the final plat.
Utility easements for City water and sewer shall be provided to allow for the logical
extension of utilities from this subdivision to adjoining properties. A five foot utility
easement be placed behind the right-of-way along all lots to allow for the placement
of utilities minus City sewer and water. The placement of utilities should be
coordinated with the respective utility companies prior to construction. A letter
from the Kalispell Public Works Department shall be obtained stating that the
required easements are being shown on the final plat. (Kalispell Public Works
Department).
14. After the construction and installation of utilities are completed, the developer shall
insure that all property corners are replaced by a licensed surveyor that might have
been disturbed during construction. In locations where there is a conflict such as
an electrical pad, an offset marketer shall be placed and recorded on the final plat.
(Kalispell Public Works Department)
15. The filling of the gravel pit should be coordinated with the City of Kalispell Public
Works Department with the appropriate testing performed and documented.
(Kalispell Public Works Department).
16. That the covenants and homeowners by-laws specifically include the required
setbacks and other development standards. That a provision be included in the
covenants and by laws that addresses the assessments and maintenance of the
common areas including the BPA easement. Additional language be included in
the covenants to prohibit the dumping of any lawn clippings, leaves, garbage or
12
other debris in the BPA easement. That the covenants be corrected to reflect the
correct language that relates to this subdivision and eliminates language that
refers to the maintenance of private water and / or sewage treatment systems.
17. The developer shall provide a letter from the U.S. Postal Service approving the
plan for mail service. (Kalispell Subdivision Regulations, Section 3.22).
18. Street lighting shall be, located within the subdivision and shall be shielded so
that it does not intrude unnecessarily onto adjoining properties. (Kalispell
Subdivision Regulations Section 3.O9(L)).
19. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17).
20. That a minimum of two-thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal.
21. All areas disturbed during development of the subdivision shall be re -vegetated
with a weed -free mix immediately after development.
22. That a development agreement be drafted by the Kalispell City Attorney between
the City of Kalispell and the developer outlining and formalizing the terms,
conditions and provisions of approval. The final plan as approved, together with
the conditions and restrictions imposed, shall constitute the Planned Unit
Development (PUD) zoning for the site.
23. That preliminary plat approval for the first phase of the planned unit development
shall be valid for a period of three years from. the date of approval with an
automatic two year extension as each phase of the subdivision plat has been
completed and filed. (Kalispell Subdivision Regulations, Section 2.04).
REPORTS \KALISPELL\KA04-14 / KPUD04-6.DOC
13
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
To: Narda Wilson, Senior Planner, Tri-City Planning
From: Andrew Sorensen, E.I.T., Associate City Engineer
Re: PUD on the northeast corner of Three Mile Drive and Farm to Market Road
Date: December 23, 2004
Please include the following comments in your staff report:
1. It is recommended that a five-foot utility easement be placed behind the right-of-way
along all lots to allow for the placement of utilities minus City sewer and water. The
placement of utilities should be coordinated with the respective companies prior to
construction.
After the construction of utilities is completed, the developer shall insure that all
property corners are replaced by a licensed surveyor. In locations where there is a
conflict such as an electrical pad, an offset marker shall be placed and recorded on the
final plat.
KAT ISPELL FIRE DEPARTMENT
Randy Brodehl - Fire Chief
Jim Stewart - Assistant Chief/Prevention
Dee McCluskey — Assistant Chief/Operations
TO: NARDA A. WILSON, SENIOR PLANNER
FROM: JIM STEWART, FIRE MARSHAL
DATE: DECEMBER 29, 2004
312 First Avenue East
Kalispell, Montana 59901
(406) 758-7760
FAX: (406) 758-7952
SUBJECT: PLANNED UNIT DEVELOPMENT/ANNEXATION/PRELIMINARY PLAT —
TOUCHTONE LLC (MOUNTAIN VISTA ESTATES)
We have reviewed the information submitted on the above -referenced project and have
the following comments.
1. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance
with the International Fire Code (2003) Appendix B.
2. Fire hydrants shall be provided per City specifications at locations approved by
this department, prior to combustible construction.
3. Fire Department access shall be provided in accordance with International Fire
Code (2003) Section 503.
4. Due to project phasing it should be noted that hazardous weed abatement shall
be provided in accordance with City of Kalispell Ordinance 10-8.
5. Section E. Supportive Documentation, Item (a), indicates designation of a .51
acre lot for construction of a future fire station. It should be noted that the
minimum lot size acceptable for fire station design is 200'x200'.
6. It is recommended that consideration be given to annexation of 3 Mile Drive and
Farm to Market Road adjacent to the public right-of-way.
Please contact me if you have any questions. I can be reached at 758-7763.
"Assisting our community in reducing, preventing, and mitigating emergencies. "
DEC 2 -1 2004
I -CITY PLANNING OFFICE
E. Supportive Documentation, Mountain. Vista Estates Planned Unit Development:
Item a.
Mountain Vista Estates Planned Unit Development is located at the northeast comer of
the intersection of Three Mile Drive and Farm to Market Road. The property lies with in
the area designated as Suburban Residential in the Kalispell Growth Poficy:-The Property
is bounded on the west by AG 80 W. V.O, on the east by SAG 10, on the South by AG 80
W. V.O. and on the north by AG 20.
The property is in an excellent location to accommodate the growth of Kalispell. The
easy extension of services from Blue Heron Estates and or Aspen Creek Estates to the
subject property creates the opportunity for expanding residential lots to the west. The
property lines front on Three Mile Drive and Farm to Market Road which gives the
property two good access points.
The 50.17 acre site is currently zoned AG 20 and SAG 10 which is under Flathead
County jurisdiction. Developers propose to re -zone the property to Kalispell's R2 Zoning
District with a PUD overlay. The PUD would have a total of 171 lots consisting of 60
duplex sublots, 110 single family lots, and 1 commercial lot, making a density of 3.41
lots per acre. This density is less than what the current R2 zone allows (4.0 lots per acre),
and is compatible with other subdivisions that have been approved along Three Mile
Drive. i.e. Blue Heron Estates, Bowser Creek Estates and Aspen Creek Estates.
The primary goal and objective of Mountain Vista Estates Planned Unit Development is
provide a variety of residential home sites within a well planned project. The duplex lots
will be dispersed among the single family lots. There will also be a .51 acre lot at the
northwest comer of the project which the developers would like to give to the City of
Kalispell for a future fire hall. Title to that lot would be conveyed to the City of Kalispell
at the time that Phase 3 has final plat.
Item b.
Phase 1 within the preliminary plat will be developed over the next 1 to 3 years. Phase 2
will be developed within the next 3 to 5 years, and Phase 3 will be developed within the
next 5 to 8 years, unless market conditions either accelerate or decelerate the rate of
housing absorption in the community. Refer to the attached Plat for location of the Phases
of Development.
Item c.
The PUD deviates from R-2 zoning in that the minimum lot sizes have been lowered to
accommodate townhouse/duplex sites as well as SFR lots in a blended community
setting. This is accomplished with a density of 3.41 lots per acre, well within R-2 PUD
guidelines of 5.0 units per acre. Setbacks slightly deviate from R-2 zoning, with side
setbacks at 5 feet instead of 10 feet. However, the rear setbacks requested are actually
larger at 20 feet than the R-2 zoning rear setback of 10 feet. This larger rear setback
allows more open space to be available for use in the backyard. These departures from
R-2 zoning are beneficial because as land prices increase, there has been an increased
demand for townhouse/duplex lots that offer more options in today's real estate market.
In addition, with the diversity of the population coming to the valley, a need has been
demonstrated for smaller residences and yards that are low maintenance in nature and
design while maintaining a neighborhood environment.
Item d.
Open space and Homeowners park within the Planned Unit Development will be
maintained by the Homeowners Association. The park area and open space exceeds the
required amount. There will be a bike path along the south and west boundaries of the
PUD.
Item e.
Utility services (City of Kalispell) will be provided to Mountain Vista Estates PUD and
will be extended from Blue Heron Estates on Three Mile Drive. The site is accessible
from Three Mile Drive and Farm to Market Road. West Valley School and Kalispell
Junior are within close proximity to the subject property.
Item f.
Mountain Vista Estates Planned Unit Development will be similar to other existing and
platted subdivisions in the vicinity of the site. These include, Three Mile Subdivision,
Bower Creek Estates, Empire Estates, Blue Heron Estates, and Aspen Creek Estates.
Item g.
With the exception of an abandoned gravel pit, which will be filled, the subject site is
generally free of development constraints. It is located on the west edge of Kalispell's
Growth Policy.
Item h.
Even with the mix of duplex lots and single family lots, the density for the entire
subdivision comes in below the maximum density that the R2 zone allows.
Item i.
The Kalispell Growth Policy Map indicates this area as "Suburban Residential" with a
density of 4 units per gross acre. The proposed Mountain Vista Estates PUD has a
density of 3.41 units per gross area..
Item j.
(1). Total acreage of Mountain Vista Estates PUD is 50.17 acres and the zoning is AG
20 and SAG 10
(2.) Adjacent zoning to the subject property is AG 80 WVO to the south, SAG 10 to
the east, AG 20 to the north, and AG 80 WVO to the west.
(3.) Density for the Mountain Vista Estates PUD will 3.41 units per gross acre.
(4.) Location of houses on the lots will be dictated by zoning set backs, size of homes
will have a minimum of 1,000 sq.ft. on the main level, and a maximum height of
two stories not including basements.
(5.) Streets and sidewalks will be to City of Kalispell standards, curbs will be
concrete, streets will be asphalt paved, sidewalks will be concrete, bike path will
be asphalt paved. See Plat drawings for road dimensions.
(6.) All access to Mountain Vista Estates PUD will be off of Three Mile Drive and
Farm to Market at two ends of the subdivision. All roads within the subdivision
are connected, and a future access to the land to the east has been included on the
plat.
(7.) The signage for Mountain Vista Estates will meet the City ofKalispell's sign
regulations, and will be of wood and stone, and or brick using earth tone color's.
(8.) Fencing will be a maximum of 6 feet in height, and location would be limited to
the back yards of the individual lots.
(9.) Landscaping will consist of one deciduous tree perlot, placed between the city
side walk and the street curb. To keep the visibility open along the radius of
Three Mile Drive, it has been suggested that we keep a grassy greenbelt next to
the bike path and the adjoining lots.
(10.) There will be a park area at the center of the subdivision, and a 7 acre open space
which is the power line easement.
(11.) The Home Owner's Association will be responsible for the maintenance of the
common areas. The maintenance will consist of mowing and noxious weed
control.
(12.) The location of the property lines are shown on the plat. The set back lines will
be 20 feet on the front, 20 feet on the back and 5 feet on the sides.
(13.) The design standards, types of materials, and colors will be similar to the other
new subdivisions in the area. See photo's of types of housing purposed
(14.) There will be three phase's to the Mountain Vista Estates PUD. Phase 1 will be
developed over the next 1 to 3 years, Phase 2 will be developed over the next 3 to
5 years, and Phase 3 will be developed over the next 5 to 8 years, unless market
conditions either accelerate of decelerated the rate of housing absorption in the
community.
(15.) See attached covenants.
DECLARATIONRESTRICITIONS
FOR
MOUNTAIN VISTA ESTATES PUD
1. The undersigned do hereby certify and declare that the following reservations,
conditions, covenants and agreements shall become and hereby are made part of all
conveyances of property owned by the undersigned, within the Plat of Mountain
View Estates PUD as the same appears in Plat recorded in the Office of the Clerk &
Recorder of Flathead County, Montana, of which conveyances and agreements shall
become a part by reference herein and to which it shall thereupon apply as fully and
with the same affect as if set forth at large herein.
In the event that it appears to the advantage of this platted subdivision that these
restrictions should be modified, then and in that event, any modification desired
may be made by affirmative vote of 80% of the then owners of lots within this
subdivision and evidence by suitable instrument filed for public record; or if such
event occurs during the development period such modifications or waiver of non-
conformity may be evidenced by special permission granted in writing by the
undersigned or it successor interest.
2. No lot shall be used except for residential purposes. No building shall be erected,
altered, placed or permitted to remain on any lot other than the one detached single
family dwelling, or a duplex, on the approved duplex lot's, not to exceed two stories,
plus basement, in heights, not to exceed 35 Ft. and a private garage for not less than
one car. However, the foregoing provisions shall not be interpreted to exclude
construction of a private greenhouse, garden shed, private swimming pool, or shelter
facilities, or port for the protection of such swimming pool, or other recreational
facilities, or for the storage of a boat and/or a camping trailer kept for personal use,
provided the location of such structures. are in conformity with the applicable
municipal regulations, and are compatible in design and decoration with the residence
constructed on such lot.
3. The main floor area of the dwelling structure, exclusive of basement, open or
screened porches and attached garages, shall be no less than 1000 square feet for a
dwelling of one story or 1500 square feet for a dwelling of two stories. Split level
dwelling shall contain a minimum floor area of 1800 square feet, with all levels,
exclusive of garage area within the dwelling unity, included in computation of
footage for such split level dwellings, for the purpose of interpretation of this
paragraph, those dwellings with daylight basements shall be classified as a single
story, with the basement area excluded from computation of footage.
4. All structures and appurtenances shall comply with City of Kalispell R-2 zoning
with a PUD overlay.
s. Each owner of a lot with the subdivision shall construct a concrete driveway from
street to garage prior to occupancy of the dwelling. Then after the owner shall
maintain and repair their driveway. Structures shall be guttered and the run off water
shall be retained on site.
6. No noxious or offensive activity shall be carried on upon any lot, nor shall
anything be done thereon which may be or may become an annoyance or nuisance to
the neighborhood, including but not limited to skateboard ramps, in or adjacent to,
any of the streets.
7. No structure of a temporary character, trailer, basement, tent, shack, garage, barn
or other outbuilding shall be used on any lot at any time as a residence, either
temporarily or permanently.
8. No sign of any kind shall be displayed to the public view on any lot except one
professional sign, not more than five square feet, advertising the property for sale or
rent, or signs used by a builder to advertise the property during construction and sale
period. An appropriate entrance sign is excepted herefrom
9. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any
lot; other usual household pets may be kept, provided that they are not kept, bred; or
maintained for any commercial purpose, and provided that they are not permitted to
cause damage, constitute a nuisance, or run at large in the neighborhood.
10. No house trailer, camper, boat or trailer of any type shall be stored or parked in
the front yard or driveway portion of any lot, or on any street within the subdivision;
such storage area must be behind adjacent building line.
11. No building shall be erected, placed, or altered on any lot until the construction
plans and specifications, and a plan showing the location of the structure, have been
approved by the Architectural Control Committee, as defined below, as to quality of
workmanship and materials, harmony of external design with existing structures and
as to location with respect to topography and finish grade elevation. No fence or wall
shall be erected, placed or altered on any lot nearer to any street than the building
setback line, unless similarly approved.
12. The Architectural Control Committee shall initially consist of (2) persons
designed by the undersigned ("Initial Committee"). Upon the erection and
completion of family dwellings, intended for separate occupancy and ownership, on
all of lots within the subdivision, the Initial Committee shall turn control of the
Architectural Control Committee over to the residents of Mountain Vista Estates
PUD, whereupon a majority of the residents shall appoint (4) members from within
the subdivision. All appointed members from the subdivision shall serve a (1) year
term. In the, event of death or resignation of any member of the committee, the
remaining members shall have full authority to designate a successor for the balance f
that member's term The members committee shall not be entitled to any
compensation for services performed pursuant to this covenant. The committee's
approval or disapproval as required in these covenants shall be in writing. In the
event the committee fails to approve or disapprove within 30 days after plans and
specifications have been submitted to it, or in any event, if no suit to enjoin the
construction has been commenced prior to the completion thereof; approval will not
be required and the related covenants shall be deemed to have been fully complied
with. The Architectural Control Committee will approve plans and placement of
house on each lot at their own discretion and will not be responsible, or liable in any
event if, in the course of decisions, a house should block a portion of all of another's
view, or of any other dispute that may arise form the committee's decisions.
13. Approved projects must be completed within (6) months after issuance of a
building permit. Failure to complete work within the prescribed time will cause the
approval tobe rescinded and resubmittal will be required. The Architectural Control
Committee may grant an extension under extenuating circumstances brought to its
attention.
14. Regarding the physical structure (i.e. family dwelling and fencing) itself, the
following will apply:
Roof The roofing shall be composition material, or better,
with a minimum 20-year warranty.
Siding: Siding must be applied over the sheeting of a
framed wall.
Fencing: All fencing shall conform to city standards
regarding height.
Painting: All house colors must be approved by the
Architectural Control Committee.
15. Trees and shrubs or landscaping of any kind will be kept neat and orderly. The
front year landscaping of each lot must be completed within three (3) months from
The date of completion of a family dwelling structure constructed thereon or prior to
occupancy, whichever event shall first occur. In the event of undue hardship due to
weather conditions, this provision may be extended upon written request to the
Architectural Control Committee. At least one tree must be planted in the front yard
prior to occupancy.
16. All vacant lots and lots with partially constructed improvements shall be kept
clear of any construction debris, and weeds and grass shall be kept mowed and not
allowed to grow to a height of more than six (6) inches.
17. No outdoor overhead wire or service drop for the distribution of electric energy.
All owners of lots within this subdivision, their heirs, successors, and assigns shall
use underground service wires to connect their premises and the structures built
thereof to the underground electric or telephone utility facilities provided. An
entrance panel of not less than 200 amp capacity and a District approved type meter
socket connected to a rigid metallic conduit of not less than two (2) inch diameter
extending from the meter to not less than eighteen (1 S) inches below the finished
ground surface, all to be installed and maintained at the expense of the builder or
owner of said dwelling, in conformity with applicable codes and regulation; it being
the intent herein that the homeowner shall also own, install and be responsible for the
maintenance of underground service conductors from the point of the Public Utility
District's delivery point on the property line to the service entrance panel on the
residence. One television antenna is allowed.
18. No oil drilling, oil development operations, oil refining, quarrying, or mining
operation of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks,
tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or
other structures designed for use in boring for natural gas shall be erected, maintained
or permitted upon any lot.
19. No lot shall be used or maintained as a dumping ground. Rubbish, trash,
garbage, or other waste shall not be kept except in sanitary containers, pending
collection and removal. All incinerators or other equipment for the temporary storage
or material shall be kept in a clean and sanitary condition.
20. These covenants are to run with the land and shall be binding on all parties and
all persons claiming under them for a period of thirty (30) years from the date these
covenants are recorded; after which time said covenants shall be automatically
extended for successive periods of ten (10) years, unless an instrument signed by
majority of the owners of the lots has been recorded, agreeing to change said
covenants in whole or in part.
21. Enforcement shall be by proceeding at law or in equity against any person or
persons violating or attempting to violate any covenant, either to restrain violation, or
to recover damages. Invalidation of any one of these covenants by judgment or court
order shall in no way effect any of the other provisions, which shall remain in full
force and effect.
HOMEOWNERSDECLARATION OF
THIS DECLARATION is made this day of 20_ by
Touchstone LLC, hereafter referred to as "Declarant",
WHEREAS, Declarant is the owner of certain real property to the covenants,
conditions and restrictions hereinafter set forth, each of which is and are for the
benefit of said property and for each owner thereof, and shall inure to the benefit of
and pass with said property and each and every parcel thereof, and shall apply to and
bind the successors in interest, and any owner thereof;
WHEREAS, Decalarant is desirous of subjecting said real property to the
covenants, conditions and restrictions hereinafter set forth, each of which is and are
for the benefit of said property and for each owner thereof, and shall inure to the
benefit of and pass with said property and each and every parcel thereof, and shall
apply to and bind the successors in interest, and any owner thereof;
NOW, THEREFOR, the Declarant hereby declares that the real property
hereinafter described is and shall be held, transferred, sold and conveyed to the
covenants, conditions and restrictions hereinafter set forth;
ARTICLE I
PROPERTY
The real property which is and shall be held, transferred, sold and conveyed
subject to the covenants, conditions, and restrictions hereinafter set forth, is located in
Flathead County, Montana, and is more particularly described as follows to wit:
ARTICLE II
DEFINITIONS
1. "Association shall mean the association of the lot owners of the property known
as Mountain Vista Estates PUD
2. "Owner" shall mean the record owner of a fee simple tide to any lot that is a
part of the Property, and shall include contract buyers but not contract sellers.
3. "Property" shall mean the real property described in Article I, Paragraph 1
above.
4. "Common Area" shall mean all real property owned by the Association for the
Common use and enjoyment of the owners but not limited to parks, trails, roadways,
easements, well sites, community cater system, recreational facilities, and surface or
storm water collection and drainage systems.
5. "Lot" shall mean all lots
i__'•u
The property is subject to the covenants, conditions and restrictions hereby
declared to insure the best use and the most appropriate development and
improvement of each building site thereof, to protect the owners of building sites as
will appreciate the value of their property, to preserve so far as is practicable the
natural beauty of said property; to guard against the erection thereon of structures
built of improper or unsuitable material; to encourage and secure the erection of
attractive homes thereon; to adequately provide for a high quality of improvements on
said property and thereby enhance the values of improvements made by purchasers of
lots, to be responsible for operation and maintenance of the water system, waste
water and storm -water facilities in accordance with requirements set forth by the
Montana Department of Health and Environmental Sciences and be responsible for
upkeep of the subdivision and common facilities.
ARTICLE IV
DEFINITION OF OWNERSHIP
Section 1.07. "Lot" shall mean and refer to each of the 20 parcels of land which
are shown on the Plat of the Project which are intended for individual ownership.
Section 1.08. "Lender" shall mean a mortgage holding a first mortgage on any
Lot or a beneficiary holding a first deed of trust on any Lot.
Section 1.09. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of fee title to any Lot, including contract sellers, but
excluding those having an interest in a Lot merely as security for the performance of
an obligation.
Section 1.10. "Plat" shall mean and refer to the plat of record in Case
of Maps, in the official records of the County Recorder of Flathead County, Montana
by which Declarant has subdivided the Project.
Section 1.11. `Project" shall mean and refer to all real property described herein,
and such additions thereto as may hereinafter be brought within the jurisdiction of the
Association.
Section 2.01. Easements of En'otyment. Every Owner shall have a right and
easement of enjoyment in and to the Common Area which shall be appurtenant to and
shall pass with the title in every Lot, subject to the following provisions:
(a) The right of the Association to charge reasonable admission and other
fees for the use of any recreational facility situated upon the Common
Area.
(b) The right of the Association to suspend the voting rights and right to
use of the recreational facilities by an Owner for any period during
which any assessment against his Lot remains unpaid: and for a period
not to exceed sixty (60) days for any infraction of the published
Association Rules
(c) The right of he Association to dedicate, transfer or grant easements to
all or any part of the Common Area to any public agency, authority, or
utility for such purpose and subject to such conditions as may be
determined by the Board, including the right to transfer all or part of
the Common Area to the Mountain Vista Estates PUD Property
Owners Association, Inc.
Section 2.02. Delegation of Use Any Owner may delegate his right of
enjoyment to the Common Area and facilities to the members of his family, his
tenants, or contract purchasers who reside in the Project.
MEMBERSHIP AND VOTING RIGHTS
Section 3.01. Membership. Every Owner of a Lot, which is subject to
assessment, shall be a member of the Association. Membership shall be appurtenant
to, and may not be separated from ownership of a Lot, which is subject to assessment.
Upon transfer of title to any Lot, the new Owner shall automatically succeed to
membership in the Association.
Section 3.02. Voting Classes. The Association shall have two classes of voting
membership.
Class A: Class A members shall be all Owners with the exception of the Declarant
and shall be entitled to one vote for each Lot owned. When more than one person
holds an interest in any Lot, all such persons shall be members. The vote for such Lot
shall be exercised as the members among themselves determine, but in no event shall
more than one vote be case with respect to any Lot.
Class B: The Class B member shall be the Declarant. The Declarant, as the Class
B member, shall solely be entitled to vote in Association affairs and shall elect all
members of the Board of Directors until the Class B membership shall cease and he
converted into Class A membership. The Class B membership shall cease and be
converted into Class A membership not later than 120 days after the happening of
either of the following events, whichever occurs earlier.
a. When 95% of the lots in the Project have been sold to owners by
the Declarant, or
b. On January 15, 2008
Section 3.03. Board of Directors. The governing body of the Association
shall be the Board elected pursuant to the Bylaws. The Board shall consist of not less
than three 0 nor more than five 0 members. The Board may act to increase or
decrease it's membership within the aforesaid limits and to fill vacancies in its
membership for the unexpired portion of any term Except as otherwise provided in
the Declaration, the Bylaws, or the Association Rules, the Board may act in all
instances on behalf of the Association. The Board shall adopt the Bylaws and
Association Rules.
DATED this day of
STATE OF MONTANA
ss.
County of Flathead
Mountain Vista Estates PUD
Touchstone LLC
On this day of , before me, the undersigned, a
Notary Public for the State of Montana, personally appeared before me Touchstone LLC,
known to me to the be the person whose names are subscribed to the within instrument,
and acknowledged to me that they executed the same.
IN WITNESS WBEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year in this certificate last above written.
STATE OF MONTANA
ss.
County of Flathead
Recorded at the request of
This day of
Notary Public for the State of Montana
Residing at
My Commission Expires
at o'clock M and
recorded in the records of Flathead County, State of Montana:
Fee $ Pd.
1411AX011• ra•
Flathead County Clerk and Recorder
Deputy
BY: Date:
STATE OF MONTANA )
:ss
County of Flathead )
On this day of , , before me, the undersigned,
a Notary Public for the State of Montana, personally appeared Touchstone LLC,
known to me to be the person whose names are subscribed to the within instrument,
and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year in this certificate last above written.
Notary Public for the State of Montana
Residing at
My commission Expires
STATE OF MONTANA )
:ss
County of Flathead )
Recorded at the request of
this day of at o'clock `M and
recorded in the records of Flathead County, State of Montana.
Fee $ Pd.
RECEPTION NO. Flathead County Clerk and Recorder
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Deputy
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REQUEST FOR ANNEXATION & INITIAL ZONING OF R-2, SINGLE-
\MIL`r( RESIDENTIAL FROM COUNTY AG-20 AGRICULTURAL
& SAG-10 SUBURBAN AGRICULTURAL
FILED CONCURRENTLY WITH A PLANNED UNIT DEVELOPMENT
AND PRELIMINARY PLAT
'PLOT DATE: 12l15104
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MOUNTAIN VISTA ESTATES
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