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Staff Memo/Zone Change & Preliminary Platlathead RegionalDevelopment fee 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 April 25, 2000 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell MT 59903 Re: Zone Change Request and Preliminary Plat Approval Dear Chris: Our office has received a request by J &v F Construction for preliminary plat approval of a 127-lot residential subdivision known as Stillwater View Estates. The subdivision contains approximately 127 acres total with the lots ranging in size from 0.624 acres to 1.305 acres, a common area of 4.1 acres and a proposed private roadway which contains approximately 14.1 acres that will be owned and maintained by the property owners. A zone change from SAG-10, a Suburban Agricultural district with a 10 acre minimum lot size requirement, and AG-80, an Agricultural district with an 80 acre minimum lot size requirement, to R-2, a One Family Limited Residential district with a 20,000 square foot minimum lot size requirement has been filed concurrently with the preliminary plat. The subdivision will be developed in three phases. A private community water system and individual septic systems are proposed to serve the subdivision. The property proposed for subdivision is located on the north side of West Reserve Drive west of the intersection of Highway 93 South and West Reserve Drive. Our office must prepare a report by May 1, 2000 to the Kalispell City -County Planning Board, who will hold a public hearing on May 9, 2000, on the request and forward a recommendation on to the Board of Commissioners. Please submit your comments in writing or by phone prior to that date, so that they can be incorporated into the staff report. If you have any questions, you can reach me at 758-5980. Sincerely, Narda Wilson Senior Planner NW/sm Attachments: Applications Preliminary Plat Vicinity Map Legal Notice Providing Community Planning Assistance To: ® Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish $500 + 15/lot $500 + $15/unit APPLICATION MA, Ckt S15/space This application shall be submitted, along with ail information required by the applicable Subdivision Regulations and the Montana Subdivision and Platting Act, and the appropriate fee to: Flathead Regional Development Office, 723 Fifth Avenue East, Room 414 Kalispell, Montana 59901 - Phone: (406)758-5980 Fax: (406)758-5781 Major Subdivision (6 or more lots) Condominiums (6 or more units) Mobile Home Parks & Campgrounds (6 or more spaces) Amended Preliminary Pla i f , Name: Vemon Johnson'' 'Phone: (406) 752-3037 Mailing Address: 985 Stillwater Road City/State/Zip: Kalispell, MT 59901 TEC NICALIPROFESSIONAL PARTICIPANTS (Surveyor/DesigneriEngineer, etc.): Name & Address: J&F Construction, 690 N. Meridian Road # 210 Kalispell MT 752-2881 Name & Address: John Parsons 725 —9`b Avenue West, Kalispell MT 59901 755-3152 Name & Address: Mike Fraser, TDH, 690 N. Meridian Rd. Kalispell MT 59901 752-5246 City/County Kalispell, Flathead County Montana Street Address NA Assessor's Tract No(s): Pt of Tr. 5 Lot No(s): NA 1/4 Section: pt WI/2 of S 25 Township: 29 N Range: 22 W GENERAL DESCRIPTION OF SUBDIVISION: Please see attached Environmental Assessment Number of Lots or Rental Spaces: 1271ots Total Acreage in Subdivision: 112 Ac Total Acreage in Lots: 97.9 Ac Minimum Size of Lots or Spaces: 0.624 Ac. Total Acreage in Streets or Roads 14.1 Ac Maximum Size of Lots or Spaces 1.305 Ac. Total Acreage in Parks, Open Spaces and/or Common Areas: 4.1 Ac Single Family 127 Townhouse Duplex Apartment Commercial Condominium Mobile Home Park Recreational Vehicle Park Industrial Planned Unit Development Multi -Family Other 4 Parks and 1 well parcel ESTIMATEOF r IMPROVEMENTS $44: 1ii Roads: Gravel X Paved Curb Gutter Sidewalks Alleys Other Water System: Individual Multiple User Neighborhood _X Public Other Sewer System: X Individual Multiple User Neighborhood Public Other Other Utilities: X Cable TV _X Telephone _X Electric X Gas Other Solid Waste: Home Pick Up Central Storage X_ Contract Hauler Owner Haul Mail Delivery: Central _X Individual School District West Valley Fire Protection: _X Hydrants _Tanker Recharge Fire District: West Valley Drainage System: Onsite surface grassy swales PROPOSED EROSION/SEDIMENTATION CONTROL: best management practices VARIANCES: ARE ANY VARIANCES REQUESTED? NO (yes/no) If yes, please complete the information below: EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE OF REGULATIONS• PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: rer r... "r _4 Aa?9WER— TRF FfILT..OAVING-QI:JEST 1ONI S LN THE SPXCES PRO ED BELOW: 1. Will the granting of the variance be detrimental to the public health, safe%, or general welfare or injurious to other adjoining properties? 2. vv iii the variance cause a suostantiai increase in public cosrs`? 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations or Master Plan? 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? What other conditions are unique to this property that create the need for a variance? A VPr WAT_ION CONTENTS: The subdivider shall submit a co uolete-alic—­�on addressisnu items below to the FRDO Office at least thirty (30) days prior to the date of the meeting at which it will be heard. 1. Preliminary plat application. 2. 16 copies of the preliminary plat. 3. One reproducible set of supplemental information. (See Appendix A -Flathead County Subdivision Regulations) 4. One reduced copy of the preliminary plat not to exceed I I" x 17" in size. 5. Application fee. 6. Adjoining Property Owners List (see example below): Assessor's No. S-T- Lot/Tract No. Property Owner & Mailing Address I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of thds application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the F.R.D.O. staff to be present on the property for routine monitoring and inspection duripg the approval and development process. ohn'Parsons on behalf of J&F Construction Revised 6/30/99 As approved by the CAB on 5/25/99 Z-1 , a o C'> (Date) NOTICEOF CITY-COUNTYKALISPELL BOARD AND ZONING COMMISSIOV owns Zone Change from R-5 to I-1 esubdivision of Lot 5, Block 2, Scenic Tracts and Zone Change from R-1 to R-2 Stillwater View Estates Preliminary Plat and Zone Change from AG-80 and SAG-10 to R-2 The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, May 9, 2000, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold public hearings and take public comments on the following agenda items. The board will make recommendations to the Board of County Commissioners who will take final action: A public meeting will also be held before the West Valley Land Use Advisory Committee on April 25, 2000 beginning at 7:00 PM in the West Valley Fire Mall to consider Items #4 and 5 listed below, the zone change and preliminary plat for Stillwater View Estates. The committee will make a recommendation to the Kalispell City County Planning Board. 1. A request by Wesley and Donna Kouns for a zone change from R-5, Two Family Residential, to I-1, Light Industrial, on approximately 1.26 acres on an approximately 3.76 acre tract. The property proposed for rezoning is the approximate east one third of a tract of land located on the east side of Highway 93 South and south of Twin Acres road approximately 300 feet. The property currently has two buildings located on it and the purpose of the zone change is to allow construction of another building on the eastern portion of the lot. The property address is 2701 Highway 93 South which can be described as a 1.26 acre portion of Assessor's Tract SCDH located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and as further described on Exhibit A. 2. A request by Bob Crismore, Eagle Private Trust, for a zone change from R-1, a Suburban Residential district with a one acre minimum lot size requirement, to R-2, a One Family Limited Residential district with a 20,000 square foot minimum lot size requirement, on approximately 4.79 acres. The purpose of the zone change is to allow the creation of an eight lot residential subdivision and as listed below. The property proposed for rezoning is located north of West Reserve Drive on the west side of Scenic Drive in Evergreen. The property can be described as Lot 5, Block 2, Scenic Tracts located in Section 28, Township 29 North, Range 21 West, P.M.M,. Flathead County, Montana and as further described on Exhibit B. 3. A request by Bob Crismore, Eagle Private Trust, for preliminary plat approval of an eight lot residential subdivision known as the Resubdivision of Lot 5, Block 2, Scenic Tracts. The subdivision contains approximately 4.79 acres total with the lots ranging in size from 0.46 acres to 0.78 acres in size and a proposed private roadway which contains approximately 0.64 acres that will be owned and maintained by the property owners. Water and sewer services for the subdivision will be provided by the Evergreen Water and Sewer District. The property proposed for subdivision is located north of West Reserve Drive approximately 1,000 feet on the west side of Scenic Drive in Evergreen. The property can be described as Lot 5, Block 2, Scenic Tracts located in Section 28, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request by J 8s F Construction on behalf of Vernon Johnson for a zone change from SAG- 10, a Suburban Agricultural district with a 10 acre minimum lot size requirement, and AG- 80, an Agricultural district with an 80 acre minimum lot size requirement, to R-2, a One Family Limited Residential district with a 20,000 square foot minimum lot size requirement, on approximately 112 acres. The purpose of the zone change is to allow the creation of a 127 lot residential subdivision known as Stillwater View Estates and as listed below. The property proposed for rezoning is located on the north side of West Reserve Drive west of the intersection of Highway 93 South and West Reserve Drive approximately one half mile. The property can be described as a portion of Assessor's Tracts 3+ and 5+ located in Section 25, Township 29 North, Range 22 West, P.M.M,. Flathead County, Montana and as further described on Exhibit B. 5. A request by J & F Construction for preliminary plat approval of a 127 lot residential subdivision known as Stillwater View Estates. The subdivision contains approximately 127 acres total with the lots ranging in size from 0.624 acres to 1.305 acres, a common area of 4.1 acres and a proposed private roadway which contains approximately 14.1 acres that will owned and maintained by the property owners. A zone change from SAG-10, a Suburban Agricultural district with a 10 acre minimum lot size requirement, and AG-80, an Agricultural district with an 80 acre minimum lot size requirement, to R-2, a One Family Limited Residential district with a 20,000 square foot minimum lot size requirement has been filed concurrently with the preliminary plat. The subdivision will be developed in three phases. A private community water system and individual septic systems are proposed to serve the subdivision. The property proposed for subdivision is located on the north side of West Reserve Drive west of the intersection of Highway 93 South and West Reserve Drive. The property can be described as portions of Assessor's Tracts 3+ and 5+ located in Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing may be submitted to the Flathead Regional Development Office at the above address prior to the date of the hearing or you may contact Narda Wilson, Senior Planner, for additional information. Thomas R. Jentz Planning Director PUBLISH: Legal Notices Daily InterLake Sunday, April 23, 2000 BILL: Flathead Regional Development Office 723 Fifth Avenue East, Room 414 Kalispell MT 59901 Note: This office is acting as an agency of the City of Kalispell and should be billed at the City's contract rate. H: \ FRDO \ LEGALS \KA \00 \ MAY9. DOC VernonExhibit C Johnson i :0 to R-2 Legal Description PARCEL 1: The Southeast Quarter of the Northwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. EXCEPTING THEREFROM the following described parcel: A tract of land, situated, lying and being in the East half of the Northwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana and more particularly described as follows to wit: BEGINNING at the Northeast corner of the Northwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana which is a found brass cap; thence South 00°08'14" West and along the East Boundary of said Northwest 1/4 a distance of 1694.14 feet to a set iron pin; thence North 22°00'20" West 399.69 feet to a set iron pin on the South boundary of the said NE 1 / 4NW1/ 4; thence South 89159'23" West and along said South boundary a distance of 1175.08 feet to a found iron pin; thence North 00° 15'11" West 1323.28 feet to a found iron pin on the North boundary of said Northeast 1/4; thence North 89°5841" East and along said North boundary a distance of 1334.75 feet to the Point of Beginning. Tract 1, Certificate of Survey No. 8253. The legal description as shown, will not be accepted the office of the County Clerk and Recorder on any conveyance pursuant to Montana Code Annotated, 1976, 76-3-302, which states, "The County Clerk and Recorder of any county shall not record any instrument which purports to transfer title to or possession of a parcel or tract of land which is required to be surveyed by this chapter unless the required Certificate of Survey or subdivision plat has been filed with the Clerk and Recorder and the instrument of transfer describes the parcel or tract by reference to the filed Certificate or Plat". PARCEL 2: The Northeast Quarter of the Southwest Quarter and the Southeast Quarter of the Southwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. EXCEPTING THEREFROM all of Valley View Estates. The legal description as shown, will not be accepted the office of the County Clerk and Recorder on any conveyance pursuant to Montana Code Annotated, 1976, 76-3-302, which states, "The County Clerk and Recorder of any county shall not record any instrument which purports to transfer title to or possession of a parcel or tract of land which is required to be surveyed by this chapter unless the required Certificate of Survey or subdivision plat has been filed with the Clerk and Recorder and the instrument of transfer describes the parcel or tract by reference to the filed Certificate or Plat". �`ry r-��-tPRPyRELIMINA``RY�iP-L��A--�TT OF U F T e r-�,-�-�F-�,ary i ULLWA 1 ER T 1L 7 I LS 1 A L�) LOCATED IN THE EAST 1/2 OF THE WEST 1/2 OF ¢ SEC. 25, T29N, R22W, P.M.M., FLATHEAD COUNTY, MONTANA. j al, I I�. L. VICNITY MAP I FIa M icr smo aa®a m®o - ,ue pox wr aoxr vaA m ,ns mare+ ne wrtot LAYOUT & PHASING PLAN� zs QLMENT ZONE AREA TOTALS — BII ,= PHASE PLAN 8 SCHEDUL mnmsaeaamaxsmma �� - t� p.s1 �v=w 21�1 as INF6.TRATION DITCH SECTION SHEET 1 OF 21 NOTICEOF CITY-COUNTYKALISPELL BOARD AND ZONING• • Kouns Zone Change from R-5 to I-1 Resubdivision of Lot 5, Block 2, Scenic Tracts and Zone Change from R-1 to R-2 Stillwater View Estates Preliminary Plat and Zone Change from AG-80 and SAG-10 to R-2 The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, May 9, 2000, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold public hearings and take public comments on the following agenda items. The board will make recommendations to the Board of County Commissioners who will take final action: A public meeting will also be held before the West Valley Land Use Advisory Committee on April 25, 2000 beginning at 7:00 PM in the West Valley Fire Ball to consider Items #4 and 5 listed below, the zone change and preliminary plat for Stillwater View Estates. The committee will make a recommendation to the Kalispell City County Planning Board. 1. A request by Wesley and Donna Kouns for a zone change from R-5, Two Family Residential, to I-1, Light Industrial, on approximately 1.26 acres on an approximately 3.76 acre tract. The property proposed for rezoning is the approximate east one third of a tract of land located on the east side of Highway 93 South and south of Twin Acres road approximately 300 feet. The property currently has two buildings located on it and the purpose of the zone change is to allow construction of another building on the eastern portion of the lot. The property address is 2701 Highway 93 South which can be described as a 1.26 acre portion of Assessor's Tract 5CDH located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and as further described on Exhibit A. 2. A request by Bob Crismore, Eagle Private Trust, for a zone change from R-1, a Suburban Residential district with a one acre minimum lot size requirement, to R-2, a One Family Limited Residential district with a 20,000 square foot minimum lot size requirement, on approximately 4.79 acres. The purpose of the zone change is to allow the creation of an eight lot residential subdivision and as listed below. The property proposed for rezoning is located north of West Reserve Drive on the west side of Scenic Drive in Evergreen. The property can be described as Lot 5, Block 2, Scenic Tracts located in Section 28, Township 29 North, R.--ig-- 21 West, -P.M.M,. Flathead County, Montana and as farther described on Exhibit B. 3. A request by Bob Crismore, Eagle Private Trust, for preliminary plat approval of an eight lot residential subdivision known as the Resubdivision of Lot 5, Block 2, Scenic Tracts. The subdivision contains approximately 4.79 acres total with the lots ranging in size from 0.46 acres to 0.78 acres in size and a proposed private roadway which contains approximately 0.64 acres that will be owned and maintained by the property owners. Water and sewer services for the subdivision will be provided by the Evergreen Water and Sewer District. The property proposed for subdivision is located north of West Reserve Drive approximately 1,000 feet on the west side of Scenic Drive in Evergreen. The property can be described as Lot 5, Block 2, Scenic Tracts located in Section 28, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request by J & F Construction on behalf of Vernon Johnson for a zone change from SAG- 10, a Suburban Agricultural district with a 10 acre minimum lot size requirement, and AG- 80, an Agricultural district with an 80 acre minimum lot size requirement, to R-2, a One Family Limited Residential district with a 20,000 square foot minimum lot size requirement, on approximately 112 acres. The purpose of the zone change is to allow the creation of a 127 lot residential subdivision known as Stillwater View Estates and as listed below. The property proposed for rezoning is located on the north side of West Reserve Drive west of the intersection of Highway 93 South and West Reserve Drive approximately one half mile. The property can be described as a portion of Assessor's Tracts 3+ and 5+ located in Section 25, Township 29 North, Range 22 West, P.M.M,. Flathead County, Montana and as further described on Exhibit B. 5. A request by J & F Construction for preliminary plat approval of a 127 lot residential subdivision known as Stillwater View Estates. The subdivision contains approximately 127 acres total with the lots ranging in size from 0.624 acres to 1.305 acres, a common area of 4.1 acres and a proposed private roadway which contains approximately 14.1 acres that will owned and maintained by the property owners. A zone change from SAG-10, a Suburban Agricultural district with a 10 acre minimum lot size requirement, and AG-80, an Agricultural district with an 80 acre minimum lot size requirement, to R-2, a One Family Limited Residential district with a 20,000 square foot minimum lot size requirement has been filed concurrently with the preliminary plat. The subdivision will be developed in three phases. A private community water system and individual septic systems are proposed to serve the subdivision. The property proposed for subdivision is located on the north side of West Reserve Drive west of the intersection of Highway 93 South and West Reserve Drive. The property can be described as portions of Assessor's Tracts 3+ and 5+ located in Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing may be submitted to the Flathead Regional Development Office at the above address prior to the date of the hearing or you may contact Narda Wilson, Senior Planner, for additional information. Thomas R. Jentz Planning Director ® PRELIMINARY PLAT OF LAYOUT P PHASING STILLWATER VIEW ESTATES PLAN v LOCATED IN THE EAST 1/2 OF THE WEST 1/2 OF - -� -g SEC. 25, T29N, R22W, P.M.M., FLATHEAD COUNTY, MONTANA. 1a mom on m j Id VKMM MAP LEGM is n®a � c®n mc®ox ux� on ma ro� CURRENT Z04E AREA TOTALS �W.Mlo-71R�dvsr IOl! CWa20 L]lYpOa €I 11 11- I PHASE PLAN A SCHEDULE UTLrrES _www m£xa-v ,n _7L4, �vw _* \'rsn"",. &MM w,uxo J .a-mvmou.se.� ROAD_SECTION INFLTRATION_ DITCH SECTION SHEET 1 OF 2 1