Staff Report/Annexation, Zoning & Prelim PlatFlathead Regional Development Office
723 5th Avenue East - Room 414
July 14, 1993 Kalispell, Montana 59901
Phone: (406) 758-5780
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
RE: Three Mile Farm - Annexation with Initial Zoning of R-4
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission met in regular
session on Tuesday, July 13, 1993. During that meeting the Board heard the
following request:
A request by James and Sheron Petesch and Clyde Smith for annexation with
an initial zoning classification of R-4 Residential for a 7.8 acre tract of
land located between Three Mile Drive and Liberty Street approximately 800
feet west of the Northern Lights Boulevard intersection.
Tom Jentz of the FRDO presented the staff report stating that this was the first
step in considering the applicants ultimate plans of developing a 70 unit
townhouse PUD development on this site. Staff did recommend approval.
At the public hearing, the applicants spoke in favor of the proposed zoning. One
individual spoke in opposition stating that the local school system will be
excessively burdened.
After considerable discussion, the Board adopted FRDO Staff Report KPA-93-2 as
Findings of Fact and voted unanimously to recommend approval of the Annexation
with an initial zoning classification of R-4 Two Family Residential.
This recommendation is being forwarded to the City Council for final action. If
you have any questions regarding the request, please contact the Board or Tom
Jentz at FRDO.
Respectfully Submitted,
77t,-
CITY-COUNTY PLANNING BOARD AND ZONING COMMISSION
rr 6A
Therese Fox Hash
President
TFH/TRJ/eo
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Bruce Williams, City Manager
July 14, 1993
Re: Three Mile Farm - Annexation and Zoning
Page 2
Attachments: FRDO, Staff Report #KPA-93-2
Location Map
Application Materials
Minutes of Board Meeting (To be sent under separate
cover)
C. Clyde Smith Dave Greer
Jim Petesch Montana Planning Consultant
Fred Gendler 1867 Ashley Creek Road
233 Terrace Road Kalispell, Mt 59901
Kalispell, Mt. 59901
Glen Neier, City Attorney
P.O. Drawer 1997
Kalispell, MT 59903
TRANSMIT\KPA93-2.REC
Flathead Regional Development Office
July 14, 1993 723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5780
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
RE: Three Mile Farm - Preliminary Plat Approval With PUD Overlay
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission met in regular
session on Tuesday, July 13, 1993. During that meeting the Board heard the
following request:
A request by Clyde Smith, James and Sheron Petesch and Fred Gendler for
preliminary plat approval with a Planned Unit Development zoning overlay
for Three Mile Farms, a 70 unit residential development located on land
lying between Three Mile Drive and Liberty Street.
Tom Jentz of the FRDO presented the staff report recommending approval with 8
requirements and 8 conditions of approval. At the public hearing, several
individuals representing the applicants spoke in favor of the development. The
applicants did question the need for sidewalks on both sides of each street in
this project stating one side was fully adequate. In addition, the applicants
questioned the need for additional overflow or guest parking in this project
stating they meet the minimum zoning requirements and in addition were proposing
parking pods throughout the development. The applicants said it was their intent
to create a "Country atmosphere" in this project and the additional paving
requirements would alter this perception as well as serve to drive the cost of
the units above the affordable $90,000 market they were striving for. Two
individuals, each abutting the project to the east, spoke in opposition, stating
that the local school system will be excessively burdened, that the project was
out of character with the single family nature of development, and would generate
excessive traffic and noise.
After considerable discussion, the Board adopted FRDO Staff Report KPUD93-1 and
KPP93-4 as Findings of Fact and voted unanimously to recommend approval of the
Preliminary Plat with a PUD overlay including the 8 Requirements and the 8
Recommendations amending recommendation #2 to add "allowing for alternative
street light designs" as requested by the applicants, amending #4 to further
define a hammerhead turn around as "measuring 20' by 40'", amending
recommendation #6c. to require that any development after Phase 1 (instead of
after Homestead Ave. reaches 600 feet in length) will require that Homestead Ave.
be extended all the way through to Liberty Street, extending the preliminary plat
approval time and PUD development time frame out to October 1997 instead of
October 1996 as much of this building year has already slipped by and finally
adding a #6e that states "All R/W and utility easements for the entire project
shall be dedicated at the time of Phase 1 approval.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Bruce Williams, City Manager
July 14, 1993
Re: Three Mile Farm - Preliminary Plat and PUD Overlay Approval
Page 2
This recommendation is being forwarded to the City Council for final action. If
you have any questions regarding the request, please contact the Board or Tom
Jentz at FRDO.
Respectfully Submitted,
KTPELL CITY 7 X7NG BOARD AND ZONING COMMISSION
Therese Fox Hash
President
TFH/TRJ/eo
Attachments: Attachment A
FRDO Staff Report #KPP-93-4
FRDO Staff Report #KPUD93-1
Location Map
Application Materials
Draft Covenants
Copies of Plat (9 Sets)
Minutes of Board Meeting (To be sent under separate
cover)
C. Clyde Smith Dave Greer
Jim Petesch Montana Planning Consultant
Fred Gendler 1867 Ashley Creek Road
233 Terrace Road Kalispell, Mt 59901
Kalispell, Mt. 59901
Glen Neier, City Attorney
P.O. Drawer 1997
Kalispell, MT 59903
TRANSMIT\KPUD93-I.REC
ATTACHMENT A
THREE MILE FARMS
PRELIMINARY PLAT KPP-93-4
PUD OVERLAY KPUD-93-1
CONDITIONS OF APPROVAL
RECOMMENDED BY KALISPELL CITY -COUNTY PLANNING BOARD
JULY 13, 1993
It is recommended that FRDO staff reports KPP-93-4 and KPUD-93-1 be adopted as
findings of fact and that the preliminary plat with PUD overlay for Three Mile
Farms be approved with the following requirements and conditions attached:
1. The plat shall be approved by the Department of Health and
Environmental Sciences.
2. The preliminary plat is valid for a period of one year. Within
that period of time, or as extended by the City, the applicant
shall submit a final plat with attachments as required by the
Kalispell Subdivision Regulations, to the City for final review
and recording. (Note: It is anticipated that the preliminary
plat will be valid for three (3) years in light of the proposed
phasing program.)
3. Homestead Avenue and Farmhouse Lane shall have a five (5) foot
wide sidewalk on both sides, including around the cul-de-sacs.
Sidewalks shall extend down to Liberty Street and a sidewalk
shall be developed parallel to Liberty Street as well.
4. The proposed 8" water main in Three Mile Drive shall be
extended to the far west end of the property along Three Mile
Drive.
5. A grading and drainage plan shall be prepared by a licensed
engineer and implemented. Said plan shall be approved by the
Department of Public Works.
6. All utilities shall be underground.
7. An encroachment permit shall be secured from the Flathead
County Road Department for the Access onto Three Mile Drive.
8. All streets shall be constructed to City of Kalispell Standards
including curb and gutter. Approved street signs shall be
erected at all intersections.
1. The applicant is required to meet parkland dedication
requirements of .67 acres. The .32 acre on -site homeowners
park which will include children's fixed recreational amenities
and play facilities as approved by the Kalispell Parks Director
shall be accepted as meeting a portion of the parkland
requirement. In addition, the applicant shall address the
remaining .35 acre requirement through payment of cash -in -lieu
of park land. Based on the market value of $9,960/acre, the
payment to the City would be $3,486.
2. Street lights shall be installed throughout the entire project
based on a plan approved by the Public Works Department. It is
the intent that an alternate street light design be
incorporated that has the least impact on the neighborhood.
3. Homestead Avenue as it enters the project from both Three Mile
Drive and from Liberty Street shall be a minimum 60-foot R/W
street. Said R/W may transition down to a 40-foot R/W
throughout the internal project. Both cul-de-sacs off of
Homestead Avenue, however, shall maintain a 45-foot minimum
radius driving surface.
4. Farm House Lane may be a minimum 40-foot R/W. A suitable
turnaround (hammerhead measuring 20' by 40' is acceptable)
shall be provided at the est end of Farmhouse Lane. Said turn
around shall be signed "No Parking".
5. The applicants shall submit a final landscaping plan based on
the PUD Preliminary Plat submittal. Said landscape plan shall
be approved by the Kalispell City Parks Director and shall
address street tree planting on both public R/W where available
and on private common areas where adequate R/W does not exist
as well as perimeter landscaping of the project including
additional landscaping along the south half of the west side of
the entire project.
6. The project may be developed in phases.
a. All final engineering work for the entire project,
including streets, sewer, water, sidewalks, drainage
features, fire hydrants and street lighting shall be
submitted to and approved by the Kalispell Public Works
Department prior to the approval of Phase One to assure
uniform, coordinated, appropriate development of the
entire project.
b. Each phase, when approved, shall be designed to be
entirely freestanding in terms of infra -structure in
place in case future phases are not completed or are
completed at a much latter time.
C. Any development after Phase I will require that Homestead
Avenue be extended all the way through to Liberty Street
for the purpose of secondary access.
WIP13:329MA
JULY 2,1993
James and Sharon Petesch and Clyde Smith have petitioned the City of
Kalispell for annexation of a tract of land into the city limits of
Kalispell with a zoning designation of R-4 Two Family Residential. In
addition, Fred Gendler, along with the above people, are requesting a
designation of this area as a Planned Unit Development and concurrently
are requesting preliminary plat approval of a 70-unit residential
townhouse development called Three Mile Farms. This report evaluates the
annexation relative to the assignment of a City zoning classification and
the placement of a PUD overlay classification in accordance to Section
27.03.010(4) of the Kalispell Zoning Ordinance. Secondly, this report
will evaluate the appropriateness of the proposed subdivision in relation
to the Kalispell Subdivision Regulations.
1.
Clyde Smith
Jim and Sharon Petesch
Fred Gendler
233 Terrace Road
Kalispell MT 59901
David M. Greer
Montana Planning Consultants
P. 0. Box 7607
Kalispell MT 59904-7607
Dick Smith
Smith Surveying
P.O. Box 7323
Kalispell MT 59904
Michael Fraser
Thomas, Dean and Hoskins
#6 Sunset Plaza
Kalispell MT 59901
3. Location: The 7.9 acre tract of land lies on the south
side of Three Mile Drive approximately 800 feet west of
the Northern Lights Boulevard intersection. The
property also has an access onto Liberty Street
immediately west of Faith Free Lutheran Church.
B. GENERAL DESCRIPTION:
1. Existina Land Use., The site is presently a vacant,
grassy field.
2. 2romosed Land Use: The applicant proposes to construct
70 townhouses, utilizing duplex through four-plex
design. The project is intended to be phased, with
Phase 1 beginning on the north end using Three Mile
Drive as an access, and finishing with a third phase
that will ultimately connect with Liberty Street to the
south.
West and north: R-1 (one acre minimum lot size) zoning,
scattered houses on large lots.
East: R-1 (one acre minimum lot size) zoning
and several large tract residential
lots; further east lies Kalispell R-3
single-family zoning with houses on
smaller lots.
0
South: RA-1 Low Density Residential Apartment
zoning, a series of large residential
apartment complexes along Liberty
Street, including valley view
Apartment, El Dorita Village and
Treasure State Plaza Apartments, Faith
Free Lutheran Church lying on Liberty
Street, and a proposed six (6) lot
residential subdivision currently
undergoing preliminary plat review.
4. Relation to Master Plan: The Master Plan designates
this area as Urban Residential (2-8 units per acre) .
The requested R-4 zoning classification typically allows
five (5) to 10 units per net acre. The requested Three
Mile Farm planned unit development (PUD) has a density
of 8.76 units per gross acre. The project is in
substantial compliance with the Master Plan.
5. Covenants: Draft covenants are attached which provide
for the creation of a homeowners association with
bylaws. The covenants address maintenance of common
areas and features.
a.
Sewer:
8" sewer exists in Northern Lights
Boulevard.
b.
Water:
8" water main exists in Northern
Lights Boulevard.
C.
Telephone:
PTI Communications
d.
Gas:
Pacific Power
e.
Fire:
Kalispell Fire Department
f.
police:
Kalispell Police Department
9-
Garbage:
Kalispell Municipal Garbage
pickup.
0
The applicants have petitioned for a zoning classification of R-4 (Two
Family Residential). Presently, the property is zoned Residential R-1
under the Flathead County Comprehensive Zoning Regulations. The
Kalispell Zoning Ordinance defines an R-4 classification as follows:
A residential district with minimum lot areas. Development
within the District will require all public utilities and all
community facilities. Two-family dwellings are permitted in
this district.
L)MLHATION DWED ON STATUTORY CRITER1
The statutory basis for reviewing zone changes is set forth by 76-2-305,
M.C.A. Findings of fact for the zone change request are discussed
relative to the itemized criteria described by 76-2-304, M.C.A.
1M* M.- WZYMU
The property is designated by the Kalispell City -County Master Plan as
"Urban Residential (2-8 units per acre)". Assuming 25% of a project is
devoted to road right-of-way, the R-4 zone would allow up to five (5)
single-family houses or 10 duplex housing units per net acre. Thus with
a range of 5 - 10 units per acre, the requested R-4 zoning classification
is in conformance with the Master Plan designation.
facilitate the adeauate
Drovision
of
tran8D
rtation.
water,
seweracer
WiTe
A change from County rural zoning to a City higher density residential
zoning will allow a greater density of development to occur. However,
the area now would be served by urban infrastructure including a
municipal street department, fire and police departments, and sewer and
water utilities. In conjunction with this zone request, the applicants
have submitted a subdivision with PUD overlay that addresses the actual
provision of public utilities and infrastructure. As discussed below,
when analyzing the subdivision impacts, there are adequate utilities and
services available to serve this property. The development of this site
will involve further City review both in the form of subdivision review
and Site Plan Committee review. Development of this site will provide
the opportunity of a second access out connecting Three Mile Drive with
Liberty Street. Schools will continue to be impacted as additional
people move to Kalispell and the community experiences growth.
Ell
The property does not appear to be subject to any particular natural
hazards. Any additional development of the property will require
compliance with all City safety codes including uniform codes relating
to fire and building safety. Upon annexation, the property will be
served with all municipal services including police and fire protection.
Water and sewer service is available to the area.
The requested zoning classification will promote the health and general
welfare by restricting land uses to those that would be compatible to the
adjoining properties. Multi -family housing in large complexes exists to
the south while single-family neighborhoods exist to the north and east.
Thus this property is in a transitional area bridging the difference
between the two development patterns. Other City codes that are intended
to serve the general welfare" would also be applicable to any additional
development on the property.
PA F*PWRONEMBOUTO it is MWEMOTPRaFrore
The property development standards of an R-4 zoning classification
establish setback, height, and coverage standards for new development.
These standards are sufficient to ensure adequate light and air
consistent with the character of the surrounding area.
Zoning (bulk and dimensional standards) and site plan review authority
will ensure that new development is adequately served with utilities and
other public demand services.
-or JJ1U*JJr4�K_
Adequate infrastructure is available or can be extended/developed to
accommodate future development. The property generally slopes to the
south. The slope will add design options for the placement of housing.
It will also add some degree of complication for road design, an issue
that can be addressed with proper engineering. There is opportunity to
access both Liberty Street and Three Mile Drive. This site is
immediately adjacent to the City and appears to be a logical extension
of the City.
0
The property is immediately adjacent to the City. Residential
development is occurring on all sides. Public utilities and services are
readily available. Single-family housing lies to the north, west and
east. Multi -family housing is proposed to the south. This site is
situated between higher density RA-1 Apartment zoning to the south and
lower density Single Family Residential R-3 zoning to the north and east.
Thus, this site serves as a transitional property and the requested
zoning meets that need.
The property is now vacant . The proposed zoning classification will
insure the site is developed residentially and allow development
densities similar to development of adjacent lots. This predictableness
and compatibility encourages neighborhood stability.
rLMvWi44TZWZZ*7F
OMUVOW -"'i
MW
The requested R-4 zoning classification will promote land uses consistent
with the Master Plan and with the surrounding uses. The applicants have
submitted a PUD overlay request which further refines the development
capabilities of this site.
The requested annexation involves a large parcel of land which lies
immediately west of the corporate limits of Kalispell. The site can be
fully served by all municipal services, although some are not in place
at this time. The tract abuts established residential development. The
request appears to be a logical extension of the City. The requested
zoning classification of R-4 appears to be appropriate as it abuts an RA-
1 Apartment Zone to the south and R-3 Single -Family Residential to the
east, thus forming a transition. (Note: there is no adjoining R-4
zoning.) Finally, the request is in conformance with the Master Plan.
It is recommended that the 7.9 acre tract of land known as Three Mile
Farm lying between Liberty Street and Three Mile Drive be zoned R-4 (Two
Family Residential) upon annexation into the City of Kalispell.
M
III. EXTENSION OF SERVICES PLAN
The subject property is within the Service Area Boundary of the City of
Kalispell as described by the Extension of Services Plan adopted by the
City of Kalispell on April 3, 1989 (Resolution #3838). This broad -based
extension of services plan, together with this "mini -plan", comprise the
Extension of Services Plan for the Three Mile Farm annexation.
Water: An 8" municipal water line lies at the intersection
of Garland and Three Mile Drive approximately 300
feet east of the subject property.
Sewer An 8" sewer main lies in Northern Lights Boulevard
parallelling this proposal 150 feet east of the
subject property.
Storm Drainage: No public drainage facilities are in this area.
Streets: Three Mile Drive accesses the property on the north
side. Three Mile Drive is on the Federal aid
secondary road system and is managed by Flathead
County. Liberty Street serves the property on the
south. Liberty Street is presently developed as a
60-foot right-of-way with a 40-foot paved travel
surface.
Garbage Collection: Presently available by contract from private
companies.
Police Protection: The Flathead County Sheriff's Department.
Fire Protection: West Valley Volunteer Fire Department.
Water: Water can be extended to the property from Garland down Three
Mile Drive and entering the property from the north. The 8" main has
adequate capacity. Fire hydrants would be placed as required by the Fire
Chief .
Sewer: The 8" line in Northern Lights Boulevard could be extended
immediately west to Three Mile Farm PUD entering the project at the
easterly cul-de-sac marked Phase 3. The entire project will gravity flow
from north to southeast. The 8" main has adequate capacity to serve this
property.
Storm Drainage: No "public" storm drainage system is proposed for this
area. On -site retention and disposal of storm water will be evaluated
during the review phase of any proposed development.
Streets: Access to this area will be provided by both Three Mile Drive
and Liberty Street. This will allow adequate traffic circulation in the
area, as well as provided primary and secondary access out of the
development. Three Mile Drive, which will carry the bulk of the
residential traffic from this development, is classified as a minor
arterial in the Kalispell City -County Master Plan, and does have adequate
capacity to handle traffic needs of this area.
Garbage Collection: The City of Kalispell will not provide solid waste
disposal service to the annexed territory for a period of at least five
(5) years, consistent with the provision of 7-2-4736, M.C.A. The City
does have the capacity and equipment to handle the needs of this site at
the time it becomes eligible for municipal service.
Police/Fire: City of Kalispell Police Department and Fire Department
will be available to serve this site upon annexation. They will be able
to provide service to this property on the substantially same basis and
in the same manner in which this service is currently provided to the
rest of the municipality.
The cost of extending such public services as police and fire protection
are expected to be negligible until such time as the property is
developed. The general source of money to extend these type of services
is from the general tax revenues received from this property and other
properties inside the City limits. Individual improvements to the
property, including the extension of an internal street system, the
extension of the 8-inch water main, the 8" sewer line and installation
of hydrants, stormwater management improvements, etc., will be the
responsibility of the landowner/developer.
1. The 8" water main that lies at the intersection of Garland shall be
extended along Three Mile Drive to the far west of the property.
2. The 8" sewer line lying in Northern Lights Boulevard should be
extended westerly abutting the property.
0
In addition to annexation, the development of an extension of services
plan and the request for initial R-4 zoning, the applicants are also
requesting permission to develop a 70-unit townhouse subdivision with a
zoning PUD overlay. The project would be developed in three (3) phases
from north to south with access points onto Three Mile Drive initially,
and ultimately off of Liberty Street as well. The development would
include the extension of municipal sewer and water, fire hydrants, street
lighting and sidewalks. The area is proposed to be zoned R-4 Two family
Residential which allows single-family and duplex housing options. The
applicants are requesting a PUD overlay to allow for a more flexible
design, to better utilize the site and to vary densities to create a
transition from the higher density residential complexes and church to
the south and the single-family residences to the east and north.
The PUD zoning classification sets a density limit of 10-units per acre
(typical maximum density if the entire site were built out as duplex
units on private lots) but allows the applicants the flexibility to
utilize different housing options. In this case, three and four-plex
townhouse units as well as duplex units are proposed for the purpose of
creating more common area, reducing street development and consolidating
the extension of sewer and water lines. The applicants are proposing a
common homeowners park as well as a walking trail around the perimeter
of the site. The entrance ways off of Liberty Street and Three Mile
Drive will be standard 60-foot rights -of -way. However, as part of the
PUD, the applicants are requesting to reduce the public right-of-way
within the development to 40 feet. In lieu of the reduced right-of-way,
which allows more buildable area for the applicant, the applicants are
providing a series of parking pods throughout the development for
overflow/guest parking and propose to plant street trees where ever
possible on their own common area. This is necessary because the reduced
right-of-way eliminates the landscape boulevard and requires that the
sidewalks be placed adjacent to the curb (24-foot street, two (2) foot
curb and gutter on each side and five (5) foot sidewalks on both sides
of street consume 38 feet of a 40 foot right-of-way).
0
This subdivision and PUD are reviewed as a major subdivision based on the
criteria in the Kalispell Subdivision Regulations and as a P.7J.D in
accordance with the general provisions stated in Chapter 27.21 of the
Kalispell City Zoning Ordinance.
A. EFFECTS ON PUBLIC HEALTH AND SAFETY:
The site is not within a designated 100-year floodplain or high
hazard fire area. The site is within the service area of Kalispell
fire and police services and city ambulance. Adequate municipal
sewer and water capacity exists to serve the area. There will be
both a primary and a secondary access point out of the development
with primary access onto Three Mile Drive and secondary access onto
Liberty Street. The approach off of Three Mile Drive has minor site
distance concerns for traffic traveling west. However, this is a
25 MPH zone. In addition, the applicants will have to receive an
approach permit from Flathead County to utilize the approach. If
any modifications would be necessary for safety purposes they would
again be addressed at that time.
B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT:
The site lies on the urban fringe of Kalispell. It is not in a
designated winter range and is not considered prime or necessary
habitat for any species. There will be minimal impacts, if any.
C. EFFECTS ON THE NATURAL ENVIRONMENT:
Topography does not pose a serious constraint on the property.
There is a fairly consistent 5% slope north to south across the
entire site. This slope will increase the cost of street
construction involving additional grading and filling. However,
adequate engineering and design can mitigate this concern. Due to
the presence of City sewer and water, ground water pollution is not
a major concern. There is no known important, rare or endangered
vegetation on the site.
U11
1. Schools: The development of 70 residential housing units will
have a substantial impact on the local school system. It is
anticipated that approximately 35 school age children would
reside in this development. However, given the anticipated
selling price and market potential, as many as twice the
number could be expected. The children would attend Russell;
however, this school may have classes at or nearing capacity.
In such case, children would be bussed from Russell to nearby
schools where capacity existed. There is no bus service in
this neighborhood. Children will either be brought to school
by parents/carpools or will walk. The obvious walking route
will be out through the development to Liberty then east on
Liberty. This underscores the need for sidewalks throughout
the entire subdivision down to Liberty Street.
2. Parks and Recreation: State law provides that 1/9 of the
development excluding streets and common area facilities or
1/9 of the undeveloped value of the land be designated for
park land. For this development, the parkland dedication
requirement is .67 acres. The developers are proposing to
develop a homeowners park complete with play facilities. The
site will contain .32 acres (1001 x 1401). The remaining
parkland dedication requirement of .35 acres will be met by
cash payment. The land value is set at $9,960/acre. Cash
payment would be $3,486.
3. Fire Protection: The site is presently within the Kalispell
City Fire Department jurisdiction. Response times will be
within acceptable standards.
4. Police Protection: The site is within the Kalispell Police
Department jurisdiction. Response time will be within
acceptable standards and the area can be serviced.
5. Roads: Liberty Street is a dedicated City street. Three Mile
Drive is a County highway. The applicant will utilize both
for convenient access. Three Mile Drive is designated as an
arterial and has adequate capacity. Liberty is developed with
a 40-foot travel surface, curb, gutter and sidewalk and can
also handle additional traffic volumes, although development
is becoming very intense on this street.
1E
The developer proposes a 60-foot right-of-way City street
entering off of both Three Mile Drive and Liberty Street.
This right-of-way is then reduced to a 40-foot width within
the entire development (cul-de-sacs are 451 radius). This
right-of-way allows for a 28-foot developed street measured
from back of curb to back of curb. This design also allows
for five (5) foot sidewalks adjacent to the curb. There wold
be no room for a boulevard or tree planting program within the
right-of-way. The applicant is proposing to place street
trees on private property along the roadways to address this
concern. In addition, the applicant is proposing a series of
on -street parking pods for overflow and guest parking. These
measures help mitigate the concern of only developing a 40-
foot right-of-way.
6. Sidewalks: The provision of sidewalks in this development is
critical. If the developer is targeting families, there will
be children. No school bus service is provided to this
subdivision, consequently, a majority of the children will be
walking to school. The obvious path is south to Liberty
Street then east to meridian. Secondly, this is a higher
density housing development with typically 50% more housing
units fronting along a given section of road than one would
find in the older residential neighborhoods of Kalispell
developed with 50-foot wide lots. While there is common area
throughout the development, most of it is immediately behind
or on the side of someone's house. The streets' rights -of -way
will serve as an important open space for pedestrians and
children. Consequently, sidewalks must be provided to ensure
that pedestrians, children and vehicle traffic can be
separated. There should be sidewalks provided on both sides
of Farmhouse Lane and both sides of Homestead Avenue,
including cul-de-sac areas. Sidewalks should extend down to
Liberty Street and sidewalks should be placed parallel to
Liberty Street as well.
7. Water/Sewer: An existing 8w water main lies at the
intersection of Three Mile Drive and Garland. The applicants
will extend this line at their own cost westerly on Three Mile
Drive approximately 300 feet to access the subdivision.
Adequate capacity and pressure exists to serve this area. The
main should be extended all the way to the west side of the
property on Three Mile Drive in light of City policy
regulating the extension of services. Sewer would be
19
collected in a conventional gravity flow system which feeds
southeasterly across the site exiting across an easement to
Northern Lights Boulevard.
8. Solid Waste: Kalispell municipal garbage pickup is available
and can handle the increase demand in service.
9. Public Health Services: Adequate medical facilities exist
within the City of Kalispell to address any reasonable need.
The site is located within the urban fringe of Kalispell and
is not considered suitable or desirable agricultural land.
1. Density: The R-4 zone allows single-family houses or duplex housing
units on a minimum lot size of 6000 square feet. This typically
creates a net density of five (5) to 10 housing units per acre.
Under the PUD classification a maximum of 10 housing units per acre
are allowed. This project is developed at a density of 8.75 units
per acre. The R-4 would typically allow single-family and duplex
housing units. The applicants in this care are requesting
permission to place duplex, triplex, and four-plex housing units.
All units will be setback from the outlying property boundaries and
will be developed within an internal street system.
2. Open Space: The project is developed as a townhouse housing
development. The entire project area outside of the immediate
building footprints is considered common space. In addition, a 20-
foot buffer is developed along the entire perimeter of the project.
Finally, a common park site is proposed to meet the needs of the
children within the development. Approximately 55% of the site will
exist as open space. Only 20% of the site will be covered by
residential units.
IN
3. Off Street Parking: Each residential unit provides one (1) garage
with driveway in front of the unit for a total of two (2) parking
spaces. This design meets the minimum zoning requirements.
However, because of the minimum width of the street system within
the development, and the fact that so much of the project will be
consumed with individual private driveway leading to and from the
townhouse units, that on -street over -flow parking will be almost
nonexistent. To address this, the applicants are providing parking
pods throughout the project, allowing 18 additional parking spaces.
4. Fencing/Screening/Landscaping: The applicants propose a 20-foot
wide landscape buffer along the entire perimeter of the project.
A pedestrian path is proposed along the perimeter of the project
screened by grasses, shrubs, and trees. This is an appropriate
concept, however, staff would note that the southern portion of the
western boundary does not appear to be as intensively landscaped as
the remainder of the project.
5. Building Design: This is a townhouse development. The applicants
are proposing duplex, triplex, and four-plex housing units. All
structures will be either one or two- stories in design with single
car garages, accessed by 20-foot wide parking driveway. The mixing
of housing unit sizes with one and two-story construction, in
conjunction with the varying topography, should create a very
pleasing site layout with much diversity.
6. Traffic Generation: Seventy (70) housing units would be expected
to generate, on an average, 700 vehicle trips per day. These trips
would be shared by both Three Mile Drive and Liberty Street, but it
is anticipated that the vast majority will use Three Mile Drive.
This road is designated as an arterial and built to highway
standards. It has adequate capacity to handle this traffic load.
7. Phasing Plan: The applicants propose to develop the project in
three (3) separate phases, beginning with Three Mile Drive and
extending southward to Liberty Street. With the development of
Phase 1, Homestead Avenue shall, at a minimum, terminate in a fully
improved temporary cul-de-sac. Homestead Avenue shall be extended
all the way through to Liberty Street at the time the developed
portion of Homestead Avenue exceeds 600 feet. This typically would
occur after the development of Block 6, Units 1-4 of Phase 2. Each
phase developed must be able to be freestanding and fully serviced.
This is important; should future phases not be developed or if they
are developed at a much later time. The park site shall be
developed with the development of Phase 1. The applicants are
proposing to have complete buildout within three (3) years.
X1
l 1 F
The proposed plat is an obvious extension of the City of Kalispell
to the west. Adequate municipal services and facilities are in
place that address the proposed density. The project is well
designed and well laid out, and serves as a well planned transition
between the higher density development to the south and the lower
density development to the east and north. There are no known
environment constraints or hazards associated with the site. The
plat generally complies with the Subdivision and Platting Act and
with the requirements of PUD development. a ove
f' oval.
OVERLAY OF THREE MILE FARM BE APPROVED AS SUBMITTED WITH
THE FOLLOWING REQUIRKMENTS AND CONDITIONS ATTACHED:
19 ',T#I I I $1,1
1. The plat shall be approved by the Department of Health
and Environmental Sciences.
Z. The preliminary plat is valid for a period of one year.
Within that period of time, or as extended by the City,
the applicant shall submit a final plat with attachments
as required by the Kalispell Subdivision Regulations, to
the City for final review and recording. (Note: It is
anticipated that the preliminary plat will be valid for
three (3) years in light of the proposed phasing
program.)
3. Homestead Avenue and Farmhouse Lane shall have a five
(5) foot wide sidewalk on both sides, including around
the cul-de-sacs. Sidewalks shall extend down to Liberty
Street and a sidewalk shall be developed parallel to
Liberty Street as well.
4. The proposed 8" water main in Three Mile Drive shall be
extended to the far west end of the property along Three
Mile Drive.
5. A grading and drainage plan shall be prepared by a
licensed engineer and implemented. Said plan shall be
approved by the Department of Public Works.
6. All utilities shall be underground.
15
7. An encroachment permit shall be secured from the
Flathead County Road Department for the Access onto
Three Mile Drive.
8. All streets shall be constructed to City of Kalispell
Standards including curb and gutter. Approved street
signs shall be erected at all intersections.
11-4,111 T-VOKS)k &T
1. The applicant is required to meet parkland dedication
requirements of .67 acres. The .32 acre on -site
homeowners park which will include children's fixed
recreational amenities and play facilities as approved
by the Kalispell Parks Director shall be accepted as
meeting a portion of the parkland requirement. In
addition, the applicant shall address the remaining .35
acre requirement through payment of cash -in -lieu of park
land. Based on the market value of $9,960/acre, the
payment to the City would be $3,486.
2. Street lights shall be installed throughout the entire
project based on a plan approved by the Public Works
Department.
3. Homestead Avenue as it enters the project from both
Three Mile Drive and from Liberty Street shall be a
minimum 60-foot R/W street. Said R/W may transition
down to a 40-foot R/W throughout the internal project.
Both cul-de-sacs off of Homestead Avenue, however, shall
maintain a 45-foot minimum radius driving surface.
4. Farm House Lane may be a minimum 40-foot R/W. A
suitable turnaround (hammerhead is acceptable) shall be
provided at the est end of Farmhouse Lane. Said turn
around shall be signed "No Parking".
5. The applicants shall submit a final landscaping plan
based on the PUD Preliminary Plat submittal. Said
landscape plan shall be approved by the Kalispell City
Parks Director and shall address street tree planting on
both public R/W where available and on private common
areas where adequate R/W does not exist as well as
perimeter landscaping of the project including
additional landscaping along the south half of the west
side of the entire project.
IV
6. The project may be developed in phases.
a. All final engineering work for the entire project,
including streets, sewer, water, sidewalks,
drainage features, fire hydrants and street
lighting shall be submitted to and approved by the
Kalispell Public Works Department prior to the
approval of Phase One to assure uniform,
coordinated, appropriate development of the entire
project.
b. Each phase, when approved, shall be designed to be
entirely freestanding in terms of infra -structure
in place in case future phases are not completed or
are completed at a much latter time.
C. With each phase, Homestead Avenue shall terminate
in a temporary paved cul-de-sac (45-foot radius
min.) until Homestead Avenue reaches a length of
600 feet. Future development beyond this point
will require Homestead Avenue to be extended
through to Liberty Street for the purpose of
secondary access.
d. The phasing plan indicates the final phase to be
approved by October, 96 The applicant shall
notify the City 90 days prior to this date (July 1,
1996) if this time frame will not be met. At that
time, the applicant shall also either submit a
revised time frame for consideration by the Council
or request abandonment of the remaining undeveloped
portions of the PUD which have not received final
plat approval.
7. Final covenants shall be submitted providing for the
creation of a homeowners association charged with the
responsibility of maintaining all common features and
facilities.
8. Additional parking facilities shall be provided at a
ratio of one (1) space per every two (2) units to
accomodate overflow and visitor parking needs within the
subdivision. Said parking can be provided on one (1)
side of a street where there are no conflicting
driveways, in parking pods as proposed or a combination
of both. If developed in pods as proposed, no more than
four (4) spaces shall be grouped together without
landscaping relief. In addition, easements shall be
prepared to address use of the spaces as they straddle
public and private property.
17
11 June 1993
Mayor, City Council
City of Kalispell
P.O. Box 1997
Kalispell, MT 59901
Honorable Mayor and City Council:
We, the undersigned landowners of the property described in Exhibit
A, do hereby request annexation into the city limits of Kalispell.
We are requesting a zoning classification of R-4, Two Family
Residential with a Residential PUD. This request for annexation
and PUD is packaged with a subdivision application to create the
first residential Planned Unit Development in Kalispell.
We reserve the right to withdraw this request for annexation in the
event that the requested zoning, PUD or subdivision is denied or
modified in a manner that will adversely affect our development
objectives for the property.
Attached are the application materials for zoning, PUD, and
subdivision. We are excited about this development opportunity and
look forward to a close working relationship with the city staff.
Sincerely,
% f
James L. Petesch Sheron J. Petesch Clyde B. Smith
SUBDIVISION
PRELIMINARY PLAT APPLICATION FIRM
SUBDIVISION NAME: THREE MILE FARM
OWNER(S) OF RECORD:
Name CLYDE SMITH, JIM/SHERON PETESCH, FRED GEIBLER Phone 755-2321
Nailing City, State
Address C/0 233 TERRACE ROAD 6 tip Code KALISPELL )IT 59901
PERSON(S) AUTIlORIZED TO REPRESENT THE SUBDIVISION AND TO WHAN All CGRRESPH RE IS 16 BE SENT:
Name DAVID M. GREER MOITANA PLANNING CONSULTANTS Phone 756.1236
Hailing City, State
Address P.O. BOX 7607 E Zip We KALISPELL MT 59904-7607
TECH0IICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc.):
Nam 6
Address DAVID N. GREER -- MONTANA PLANNING CONSULTANTS (SEE ABOVE)
Nam 6
Address DICK SMITH SMITH SURVEYINGP.O. BOX 7323, KALISPELL, NT 59904
Nam 6
Address MIKE FRASER THOMAS DEAN & HOSKINS NO 6 SUNSET PLAZA, KALISPELL, MT 59901
LEGAL DESCRIPTION OF PROPERTY:
City/ Assessor's
County KALISPELL Tract No(s) PORTION Of TRACTS SAN 5AG 5AL
Street lot
Address 148 THREE MILE DRIVE No(s)
1/4 Section NWsNEA township 12 Range 2B
6EHER4 DESCRIPTION Of PROPOSED SUBDIVISION:_A RESIDENTIAL PLANNED UNIT DEVELOPMENT CONSISTING ON 70 T08 APSE UNITS
Number of lots or Rental Spaces 70
Total Acreage in Subdivision
1,932
Total Acreage in Lots 1.515
Minimm Site of Lots or Spaces
913 SO FT
Total Acreage in Streets or Roads 1.892
Maximum Site of Lots or Spaces
1430 SO FT
Total Acreage in Parks, ken Space and /or Conn Areas 4.525
PROPOSED USE(S) AND ON ON ASSOCIATED LOTS/SPACES:
Single Family
Townhouse 70
Duplex
Mobile Home Park
Multi -family
Recreational Vehicle Park
Apartment
Commmia 1
Planned Unit Development
Industrial
Condominium
Other
APPLICABLE ZONING DISTRICT R-4 RESIDENTIAL PUD
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS $79 000
IMPROVEMENTS TO BE PROVIDED:
Roads: Gravel XXXXX Paved XXXXX
Curb XXXXX Gutter XXXXX
Sidewalks
Alleys
Other
Water System: Individual
!Multiple User
Neighborhood XXXXX
Public
Other
Sever System: Individual
Multiple User
Neighborhood XXXXX
Public
Other
Other Utilities: XXXXX Cable TV XXXXX
Telephone XXXXX
Electric XXXXX
Gas
Other
Solid Waste: XXXXX Home Pick-up
Central Storage
Contract Hauler
Owner Haul
Mail Delivery: Central XXXXX
Individual
fire Protection: XXXXX Hydrants
Tanker Recharge
Fire District:
PROPOSED EROSION/SEDIMENTATION CONTROL: REVEGETAIION OF ENTIRE SITE
ARE ANY VARIANCES REQUESTED? YES IF SO, PLEASE COMPLETE THE M SIDE OF THIS FORM.
(yes/no)
LIST ON MATERIALS SUBMITTED WITH THIS APPLICATION.
a. APPLICATION FORM e. CERTIFIED LIST OF LAIBOW(IERS WITHIN 150 FT
b. PRELININARY PLAT (16 CONIES OF 2 SHEETS) f. TITLE REPORT
c. DWI COVENANTS g. APPLICATION FEE OF $1,200
d. VICINITY MAP h. COVER LETTER__
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 other information
submitted as part of this application, to be true, co e, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this
application be incorrecttrue, [ understand t oval based thin may be rescinded, and other appropriate action taken.
FRDO _le No
Date Accepted
Receipt No.
PETITION FOR ZONING AMENDMENT
CITY OF KALISPELL
1. NAME OF APPLICANT: JIM/SHERON PETESCH, CLYDE SMITH
2. MAIL ADDRESS: C/O DCM, 233 TERRACE ROAD
3. CITY/STATE: KALISPELL MT 59901 PHONE: 755-2321
4. INTEREST IN PROPERTY: LANDOWNERS
5. ZONING MAP AMENDMENT: XXXXXXX ZONING TEXT AMENDMENT
6. IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE
ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING:
A. What is the proposed zoning text amendment?
7. IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP,
PLEASE COMPLETE THE FOLLOWING:
A. Address of the subject property: 124 AND 148 THREE MILE
DRIVE AFFECTS A PORTION OF BOTH PROPERTIES
B. Legal description: PORTION OF TRACTS 5AM 5AL & 5AG OF
SEC 12 TWN 28N RNG 22W PMM FLATHEAD COUNTY
C. The present zoning of the property is: COUNTY R-1
D. The proposed zoning of the above property is: CITY R-4
E. State the changed or changing conditions that make the
proposed amendment necessary:
CITY SERVICES WILL BE EXTENDED TO PROPERTY AS A CONDITION
OF ANNEXATION. THE PROPOSED ZONING IS CONSISTENT WITH
THE URBAN RESIDENTIAL DESIGNATION OF THE MASTER PLAN.
01
&. HOW WILL THE PROPOSED ZONING MAP CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF:
A. Promoting the Master Plan: The land use designation of the property according to the Kalispell
City -County Master Plan is URBAN RESIDENTIAL. An R-4 zoning classification is compatible to that
designation. The property will be serviced with city water and sewer facilities upon annexation.
B. Lessening congestion in the streets and providing safe access: The property is fronted by
Three Mile Drive, which is designated by the Master Plan as a Minor Arterial. This type of street is
ideal for the siting of high density residential subdivisions, since a minor arterial is "programmed"
for higher traffic volumes and priority for improvement. Three Mile Drive has a 140 foot wide right-
of-way adjacent to the property and the road is state-owned as opposed to county or city ownership
In addition, the property has frontage alongLiberty iberty Street, which offers an opportunity for choice of
trip routing_
C. Promoting safety from fire, panic and other dangers: The property cannot receive the requested
zoning classification without annexation into the city of Kalispell. Upon annexation, city police and
fire protection will be extended to the property. Any additional development will require review by
city staff, who will ensure compliance with safety issues.
D. Promoting the public interest, health, comfort, convenience, safety and general welfare: These
type of issues will be considered by city staff, planners, and the city council whenever a project is
proposed for the proRerties. It is the opinion of the landowners that it is in the best interest of
the cif that the property be annexed and be served with city utilities.
E. Providing adequate light and air: The applicable zoning regulations for the requested R-4
zoning classification will ensure adequate light and air if the property is further developed.
Applicable standards include those pertaining to setbacks, parking, and landscaping_
F. Preventing the overcrowding of land: The requested zoning will not create a problem with
"overcrowding" due to the lot coverage limitations of the zoning district and because city services
will be extended to the property. Overcrowding will not occur if the level of services is adequate to
meet the demands of the proposed uses.
G. Avoiding undue concentration of population: The possibility of "excessive" people is unlikely
if the services are sized to meet the demands of the use. This type of evaluation will occur
concurrent with a development proposal for the properties.
2
H. Facilitating the adequate provision of transportation, water, s,aage, schools, parks, and other
public requirements: The Master Plan encourages "urban" residential development in this area of
Kalispell. Development of the properties will require landowner -extension of city utilities and
roadways. Additional development will also likely have an incremental demand for additional school
facilities, which is an expected by-product of any growing community_
I. Giving reasonable consideration to the character of the district: The property is bordered
by an RA-1 zoning district to the south and a R-3 zoning district to the east. The properties to the
west and north remain outside the city limits. The requested R-4 zoning classification is a logical
transition between the adjoining city classifications.
J. Giving consideration to the peculiar suitability of the property for particular uses: The
property is wedged between high density [apartment] residential uses on the south and urban fsingle
family] residential uses on the east. City utilities can be extended to the property to serve the
anticipated demands of an R-4 zoning district.
K. Protecting and conserving the value of buildings: The proposed zoning classification is a
natural blending of the two adjoining city zoning classifications. The residential character of the
general area will be maintained with the requested zoning,
L. Encouraging the most appropriate use of land by assuring orderly growth: The subject
properties adjoin the existing city limits and are logical additions to the city territory. The zoning
is consistent with the anticipations of the Master Plan and city services can be extended to the area.
Signature of Applic
Date:
3
Three Mile Farm is proposed as a residential planned unit
development, consisting of 70 townhouse units in clusters of
duplexes, triplexes, and fourplexes. All but 6 of the units will
be two-story construction. The objective of the developers is to
provide quality but affordable housing within a planned community
setting. Project approval will involve concurrent applications for
(1) annexation, (2) zoning, (3) residential PUD, and (4) sub-
division. A summary of the PUD application is presented below.
�o-pn
Clyde Smith
148 Three Mile Drive
Kalispell, MT
James & Sheron Petesch Fred Gendler
124 Three Mile Drive 233 Terrace Road
Kalispell, Mt Kalispell, MT
The property is an assemblage of 3 tracts of land adjacent to the
westerly city limits of Kalispell. The PUD proposal is an attempt
not only to create a planned community but also to master plan
multiple tracts of land. This approach is preferred over
incremental annexation of small tracts of land that are
independently developed without consideration of common features,
utility connections, or roads. Portions of tracts 5AM, SAL, and
5AG in the NW4NE4 of Section 12, Township 28N, Range 22W were
combined to establish a single tract of nearly 8 acres. Only the
existing home sites of the landowners were subtracted from the
assembled properties.
s 0 0 Z I tin 1 Di
The property is currently zoned [County] Residential R-1. The
Master Plan anticipates "Urban" residential land uses for the
property. With annexation, the landowners are requesting a [city]
R-4 zoning classification, which is compatible to the "Urban" land
use designation of the Master Plan. A full range of public serv-
ices and facilities will be extended to the property as necessary
to satisfy the demands of an R-4 zoning district.
A Residential PUD is proposed in association with the underlying R-
4 zoning classification. The PUD essentially provides a contract
arrangement between the city and developers as to how the property
is to be developed. A residential PUD in an R-4 zoning district
allows up to 10 dwelling units per acre. The accompanying
subdivision plat provides a visual representation of how the roads,
1
utilities, dwelling units, and open space are arranged to create a
planned residential community.
The property adjoins other areas in the city that are zoned for
either multifamily or single family residential uses. An RA-1
zoning district [multifamily] adjoins the property on the south.
Uses within this district include Valley View Apartments, El Dorita
Village, and Treasure State Plaza apartments. Up to 14.5 dwelling
units per acre are permitted in an RA-1 zoning district. The
properties to the east are situated within an R-3 zoning district.
This is a single family zoning classification that permits slightly
more than 6 units per acre. The residential PUD offers a logical
transition between the two adjoining city classifications. The
proposed density of Three Mile Farm is less than 9 units per acre
and the dwelling units occupy only 20% of the total land area.
DWELLING UNITS
The dwelling units are proposed as townhouses. Each unit will be
sold with an associated lot as opposed to a condominium where only
the unit is conveyed. Two basic units are proposed. One is two
levels and the other is one story. These two styles are mixed to
create duplex, triplex, and fourplex structures. The attached
architectural elevation shows a 4-plex consisting of 3, two story
units and 1, single story unit. Each unit provides a single car
garage with a 20 foot entrance to the garage to allow additional
parking in front of the garage. The topography of the site will
allow the units to be "benched" at different elevations and thereby
provide excellent opportunities for views towards the Foys Lake
area. The architect for the townhouses is John Constenius of
Whitefish.
The primary access to the subdivision will be from Three Mile
Drive. This road is designated by the Kalispell City -County Master
Plan as a Minor Arterial and is a state "highway". The right-of-
way width of Three Mile Drive along the area fronting the property
is 140 ft. The entrance to Three Mile Farm will be highlighted
with a special landscaping treatment that will include a split rail
fence. A subdivision sign will also mark the entrance to Three
Mile Farm.
The developers will build an extensive public street system within
the subdivision. The city staff has requested that a roadway
connection be made between Three Mile Drive and Liberty Street.
This road is shown on the preliminary plat as Homestead Avenue.
This Avenue includes an initial 60 foot wide right-of-way to
enhance entrance treatment. Also included are two short cul-de-sac
extensions with full pavement width. Farmhouse Lane is a short
road that serves 11 dwellings and terminates with a hammerhead
turn -around. This street will be built to a paved width of 24 feet
within a 40 foot right-of-way. The area dedicated to roadways
within the subdivision is 24% of the total land area.
LANDSCAPING AND RECREATION
Landscaping and the provision of open space is a dominant theme of
Three Mile Farm. All land outside the boundaries of the dwelling
units is common open space that will be landscaped and maintained
by the Homeowner's Association. Fifty-seven percent of the total
land area of the project is "common" area. The entire perimeter of
Three Mile Farm will include a pedestrian path with extensive
landscaping of grass, shrub, and tree species within a 20 foot wide
buffer. A large recreation area is set -aside for the development
of playground facilities for children. These landscaping and
recreation features are shown on the face of the preliminary plat.
Homestead Avenue will include plantings of shade trees and grass.
All remaining common areas will be planted with grass.
PHASING OF DEVELOPMMT
Development of Three Mile Farm will be completed in 3 or fewer
phases. Phase I will consist of the most northerly 21 units.
Homestead Avenue will terminate in a temporary cul-de-sac near the
middle of Block 3. Platting of Phase I is expected prior to
October 1994. Phase II will consist of the 36 units situated
between Phase I and Block 8. The final phase of 13 townhouses in
Block 8 will be completed prior to October 1996. Completion of
recreation and landscaping improvements will also be phased in a
similar fashion.
Summary of a Proposal
12, I
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TREASURE I EL OOR17A AD D. NO. 16
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TRACT # ASSESSOR # NAME/ADDRESS
SECTION
12 TWN 28N
RNG 22W
5AB
0711650
R&R DEVELOPMENT CORP
128 FAIRWAY BLVD
KALISPELL, MT 59901
5AG
0966225
JAMES L & SHERON J PETESCH
5AL
0966226
124 THREE MILE DRIVE
KALISPELL, MT 59901
5AN
0155690
O.H. WHITESCARVER
515 8TH AVE WEST
KALISPELL, MT 59901
5AE, 5AM
0803255
CLYDE B SMITH
148 THREE MILE DRIVE
KALISPELL, MT 59901
5AF
0461015
WILLIAM L & TERRI L KOHLBECK
188 THREE MILE DRIVE
KALISPELL, MT 59901
5AD
0520400
PHYLLIS R LUPO
192 THREE MILE DRIVE
KALISPELL, MT 59901
OLSON ADDITION NO. 1
E029800
OLSON ADDITION BLK 2
2 0617651
3 0081110
4 0056350
5 0056349
FAITH FREE LUTHERAN CHURCH
C/O JUDY HAHN
204 KIRSTEN DRIVE
KALISPELL, MT 59901
RICHARD M & ALICE NELSON
94 NORTHERN LIGHTS BLVD
KALISPELL, MT 59901
EDWARD H & THERESA C DICKMAN
92 NORTHERN LIGHTS BLVD
KALISPELL, MT 59901
ALDEN E & BETH ADELE BELLER
90 NORTHERN LIGHTS BLVD
KALISPELL, MT 59901
EL DORITA VILLAGE ADD NO 111
0968725 EL DORITA APARTMENTS
ADD C/O USGI INC
DARIEN, CT 06820
VALLEY VIEW APTS ADDITION NO 16
0891850 VA11EY VIEW ASSOCIATES
C/O FANNIE MAE
PASADENA, CA 91102
SECTION 1 TWN 28N RNG 22W
5A 0659000 BENNIE J & GAIL L ROSSETTO
153 THREE MILE DRIVE
KALISPELL, MT 59901
5AA 0422700 THOMAS LEROY & SHIRLEY ANN JONES
RICHARD LOREN JONES, SR
171 THREE MILE DRIVE
KALISPELL, MT 59901
RATWEAD CO' Y " W59M
$4® So. Main
Kalispell, MT. 59901
-Tel. 755-53
APPROVEDa//
THIS
Three
to as
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THREE MILE FARM
DECLARATION, made this day to
Mile Farm, Inc. of Kalispell, Montana
"Declarant")
WITNESSETH:
, 1993, by
(hereinafter referred
WHEREAS, Declarant is the owner of the real property situated
in Kalispell, Montana, to be developed and known as Three Mile
Farm; and
WHEREAS, Declarant 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 insure 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 owner thereof;
NOW THEREFORE, the Declarant hereby declares that the real
property described in Article I is and shall be held, transferred,
and sold and conveyed subject to the Covenants, Conditions and
Restrictions hereinafter set forth.
ARTICLE I
1. Property. The real property which is and shall be held,
conveyed, transferred and sold subject to the Covenants, Conditions
and Restrictions hereinafter set forth is situated in the County of
Flathead, State of Montana, and is described on Exhibit A hereto,
which by this reference is incorporated herein, and which is the
land encompassed by the plat entitled Three Mile Farm.
No other property, other than that described above, shall be
deemed subject to this Declaration unless and until specifically
made subject thereto.
2. Definitions.
a. "Association" shall mean the Three Mile Farm Homeowner's'
Association, its successors and assigns which shall be
formed by the Declarant as a non-profit corporation.
b. "Common properties or common area" shall mean those areas
of land shown on any recorded subdivision plat of the
property and intended to be devised to the common use and
enjoyment of the owners of the property.
C. "Declarant" shall mean Three Mile Farm, Inc. of Kali-
spell, Montana, and successors and assigns.
1
d. "Living unit" shall mean any building, or portion of a
building, situated upon the properties designed and
intended for the use and occupancy as a residence by a
single family. All reference to a living unit shall be
deemed to refer also to the underlying lot whether or not
developed and all permanent improvements thereon.
e. "Lot" shall mean any plot of land shown upon any recorded
subdivision map of the property with the exception of the
common properties or common area. Every lot shall be
conclusively presumed for all purposes hereunder to
include on living unit, irrespective of the actual status
of construction thereon.
f. "Member" shall mean the conveyance or assignment of any
lot or living unit to secure the performance of an
obligation and the instrument thereof, and may include a
deed of trust, trust indenture, mortgage, assignment,
financing statement or any other form of security
instrument or agreement as now known or hereafter devised
for the purpose of creating a lien to secure an
obligation or duty.
g. "Mortgagee" shall mean a person or entity to whom a
mortgage is made.
h. "Mortgagor" shall mean a person or entity who mortgages
his or its property to another, i.e., the make of a
mortgage.
i . "Owner" shall mean the record owner of a fee simple title
to any living unit which is part of the property and
shall also include a contract buyer.
j. "Properties" shall mean the real property described in
Article I, paragraph 1, hereinabove.
k. "Townhouse" shall mean any living unit.
ARTICLE II
COMMON RIGHTS IN COMMON AREA
1. Owner's Easements of Enjoyment. Every owner shall have
a right and easement of enjoyment in and to the Common Area which
shall pass with he title to every lot, subject to the following
provisions:
a. Charges. The right to the Association to charge
reasonable admission and other fees for the use of any
recreational facility situated upon the common area;
DRAFT COVENANTS --THREE MILE FARM 2
b. Suspension of Voting Rights. 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 its published rules and regulation;
C. Dedication. The right of the Association to dedicate or
transfer all or any part of the common area to any public
agency, authority, or utility for such purposes and
subject to such conditions as may be agreed to by the
members. No such dedications or transfer shall be
effective unless an instrument signed by two-thirds (2/3)
of each class of members agreeing to such dedication or
transfer has been recorded.
2. Delegation of use. Any owner may delegate, in accordance
with the By -Laws, his right of enjoyment to the common area
facilities to the members of his family, his tenants, or contract
purchasers who reside on the property.
3. owner's Easement for Ingress and Egress. Each Owner is
hereby granted an easement, which shall run with the land, across
the common area as necessary for ingress and egress to his lot.
ARTICLE III
1. Association Membership. The Association to be formed by
the Declarant shall have as members the owners of each townhouse.
Membership shall be appurtenant to and shall not be separated from
ownership of any Townhouse. Members shall participate in a manner
prescribed by the Declaration and By -Laws of the Association, and
the resolutions of its Board of Directors. The Association's
purpose is to control, maintain and improve the common area and
exteriors of the Townhouses, plus provide services and facilities
to the owners.as it may determine.
2. Property Rights. Every owner shall have a right and
easement of enjoyment of the common area and said right shall be
appurtenant to and shall pass along with title to every Townhouse
subject to the following provisions:
a. The rights of the Association to charge reasonable
admission and other fees for the use, care, maintenance
and improvements of the common area and the furnishing or
providing of services and facilities to the property and
owners thereof.
DRAFT COVENANTS --THREE MILE FARM 3
b. The rights of the Association to place liens on town-
houses whose owners fail to pay any fee, as limited by
Sub Article 3, "Assessment Liens", hereof.
C. In the event the Association fails to maintain the common
area as herein provided, the City Council of Kalispell,
Montana, shall have the right to perform said maintenance
and charge the owners for any costs thereof and place
liens on the property for failure of the owners to pay
said costs.
3. Assessment Liens. Assessments made by the Homeowner's
Association for taxes and for the maintenance and improvement of
the common areas shall be a lien against the Townhouse units, and
may be enforced by judicial process, including the right to recover
all costs of collection and reasonable attorney's fees, subject to
the following exceptions and provisions:
a. The holder of a first mortgage or trust indenture, upon
request, is entitled to written notification from the
Homeowner's Association of any default in the performance
of the individual townhouse unit borrower of any
obligation to the Homeowner's Association which is not
cured within sixty (60) days.
b. Any holder of a first mortgage or trust indenture who
obtains title to a Townhouse unit pursuant to the
remedies provided in the mortgage or trust indenture, or
by foreclosure of the mortgage or trust indenture, or by
deed (or assignment) in lieu of foreclosure, will not be
liable for such Townhouse unit's unpaid dues or charges
which accrue prior to the acquisition of title to such
unit by the holder of the mortgage or trust indenture.
C. Unless at least seventy-five percent (75%) of the holders
of first mortgages and trust indentures (based upon one
vote for each Townhouse unit affected) or owners (other
than the sponsored developer or builder) of the
individual units in the Three Mile Farm have given their
prior written approval, the Homeowner's Association shall
not be entitled to:
(1) By act or omission seek to abandon, partition,
subdivide, encumber, sell or transfer the common
property owned directly or indirectly by the
Homeowner's Association for the benefit of the
units in the Three Mile Townhoues. The granting of
easements for public utilities or for other public
purposes consistent with the intended use of such
common property shall not be deemed a transfer
within the meaning of this clause.
DRAFT COVENANTS --THREE MILE FARM 4
(2) Change the method of determining the obligations,
assessments, dues or other charges which may be
levied against a Townhouse unit owner.
(3) By act or omission, change, waive or abandon any
scheme of regulation, or enforcement thereof,
pertaining to the architectural design or the
exterior maintenance of units, the maintenance of
the common property, streets, driveways, lawns and
landscape plantings.
(4) Fail to maintain fire and extended coverage
insurance on any insurable common property on a
current replacement cost basis in an amount not
less than 100% of the insurable value (based on
current replacement cost).
(5) Use hazard insurance proceeds for losses to any
Homeowner's Association common property for other
than the repair, replacement or reconstruction of
such common property.
d. The holders of first mortgages or trust indentures shall
have the right to examine the books and records of the
Homeowner's Association or any successor thereto which
owns the common property of the Three Mile Townhomes.
e. The holders of first mortgages or trust indentures on
Townhouses units may, jointly or singly, pay taxes or
other charges which are in default, and which may or have
become a charge against any common property, and may pay
overdue premiums on hazard insurance policies or secure
new hazard insurance coverage upon the lapse of a policy
for such common property, and the holders of first
mortgages or trust indentures making such payments shall
be owed immediate reimbursement therefor from the
Homeowner's Association. Upon request, the Homeowner's
Association will execute an agreement in favor of all
holders of first mortgages or trust indentures or units
in the Three Mile Townhomes, and deliver the original or
a certified copy of such agreement to such holder.
f. No action may be taken by the developer, by the
Homeowner's Association, or any successor or entity that
would have the effect of giving the Townhouse unit owners
or any other party priority over any rights of the
holders of first mortgages or trust indentures, in the
case of a distribution to Townhouse unit owners of
insurance proceeds or condemnation awards for losses to
or a taking of any common property.
DRAFT COVENANTS --THREE MILE FARM 5
g. Method of Assessment. All assessments shall be
apportioned equally amongst the Townhouse units in the
estates. Such assessments shall include a adequate
reserve fund for taxes, maintenance, repairs and
replacements of those elements of the common property
that must be replaced on a periodic basis, in order that
such costs may be included in regular monthly
installments rather than by special assessments.
4. In the event any provision of this Article III appears to
be inconsistent with or contradictory to any other provision of
these covenants, Article III shall control.
5. Amendment. The provisions of this Article may be amended
at any time by an instrument signed by not less than seventy-five
percent (75%) of the owners and approved by the City Council of
Kalispell, Montana.
ARTICLE IV
1. Voting Rights. The Association shall have two classes of
voting membership:
Class A. Class A members shall be all owners (with the
exception of the Declarant until conversion of Declarant's
Class B Membership) and shall be entitled to one vote for each
living unit owned. When more than one person holds an
interest in any living unit, all such persons shall be
members. The vote for such living unit shall be exercised as
the owners thereof among themselves determine, but in no event
shall more than one vote be cast with respect to any living
unit.
Class B. The Declarant shall be the Class B member and shall
be entitled to three (3) votes for each living unit owned by
Declarant. The Class B membership shall cease and be
converted to Class A membership when ownership of all living
units shall pass from Declarant to any owner other than
Declarant.
Nothing contained herein shall preclude the Declarant from
adding property pursuant to the provisions of Article XII, or
otherwise pursuant hereto, and all property so added shall be
included in the determination of the existence of such property.
COVENANT FOR MAINTENANCE ASSESSMENTS
DRAFT COVENANTS --THREE MILE FARM 6
1. Creation of the Lien and Personal Obligation of
Assessments. The Declarant, for each living unit owned within the
properties, hereby covenants, and each owner of any living unit by
acceptance of a deed therefor, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to
the Association: (1) annual assessments or charges, (2) special
assessments for capital improvements as provided in paragraph 4
hereof, (3) an amount sufficient to indemnify and hold the
Association harmless from all obligations undertaken or incurred by
the Association at or on account of an individual owner's special
request and to repay the Association for all expenditures on
account thereof, and (4) an amount sufficient to reimburse the
Association for the cost of performing an obligation of an owner
hereunder which he has failed to timely pay or perform. The
aforesaid obligations, together with interest, taxable court cost,
reasonable attorneys' fees and all other collection expenses, shall
be a charge and a continuing lien upon the living unit against
which each such assessment is made, or with reference to which each
such charge is incurred. Each assessment or charge, together with
interest, costs and reasonable attorney's fees, shall also be the
personal obligation of the person who was the owner of such living
unit at the time when the assessment fell due or charge was
incurred. The personal obligation for delinquent assessments or
charges shall not pass to his successors in title unless expressly
assumed by them.
2. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively to promote the recreation,
health, safety, and welfare of the residents in the properties and
for the improvement and maintenance of the common area, and of the
buildings and open spaces situated upon the properties.
3. Annual Assessment. Until January 1 of the year
immediately following the conveyance of the first living unit to an
owner, the maximum annual assessment shall be $1,000.00 per living
unit. From and after January 1 of the year immediately following
the conveyance of the first living unit to an owner, the maximum
annual assessment shall be as determined by the Board of Directors.
4. Special Assessments for Capital Improvements. In
addition to the annual assessments authorized above, the Assoc-
iation may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying, in whole
or in part, the cost of any construction, reconstruction, repair or
replacement of a capital improvement upon the common area,
including fixtures and personal property related thereto, provided
that any such assessment shall have the assent of two-thirds (2/3)
of the votes of each class of members who are voting in person or
by proxy at a meeting duly called for this purpose.
DRAFT COVENANTS --THREE MILE FARM 7
5. Notice and Quorum for Any Action Authorized Under
Paragraph 4. Written notice of any meeting called for the purpose
of taking any action authorized under paragraph 4 shall be sent to
all members not less than thirty (30) days nor more than sixty (60)
days in advance of the meeting. At such meeting called, the
presence of members or their proxies entitled to cast fifty percent
(50%) of all votes of each class of membership shall constitute a
quorum.
6. Rate of Assessment. Both annual and special assessments
must be fixed at a uniform rate for all living units and may be
collected on monthly basis. This provision shall not preclude the
Association from making a separate or additional charge to an owner
for and on account of special services or benefits rendered,
conferred or obtained.
7. Date of Commencement of Annual Assessments: Dues. The
annual assessments provided for herein shall commence as to all
living units on the first day of the month following the occupation
of the unit by a purchaser or tenant; provided however, that any
unit which remains unoccupied for a period of six (6) months after
it is completed shall be subject to assessment which shall be paid
by the owner, including the declarant if it is still the owner.
The first annual assessment shall be adjusted according to the
number of months remaining in the calendar year. The Board of
Directors shall fix the amount of the annual assessment against
each living unit at least thirty (30) days in advance of each
annual assessment period. Written notice of the annual assessment
and of any special charges shall be sent to every owner subject
thereto. The due dates shall be established by the Board of
Directors. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer of
the Association setting forth when the assessments and charges on
a specific living unit have been paid.
8. Effect of Nonpayment of Assessments: Remedies of the
Association. Any assessment or charge not paid within thirty (30)
days after the due date shall bear interest from the due date at
the rate of nine percent (9%) per annum. The Association may bring
an action at law against the owner personally obligated to pay the
same, or foreclose the lien against the property. No owner may
waive or otherwise escape liability for the assessments or charges
provided for herein by non-use of the common area or abandonment of
his living unit.
9. Subordination of the Lien to Mortgages and Deeds of
Trust. The lien of the assessments and charges provided for herein
shall be subordinate to the lien of any first mortgage or first
deed of trust. Sale or transfer of any living unit pursuant to
foreclosure of an institutional first mortgage or first deed of
trust (including without limitation the exercise by the trustee of
DRAFT COVENANTS --THREE MILE FARM 8
a power of sale thereunder), or any proceeding or deed in lieu
thereof, shall extinguish the lien of such sale or transfer. No
sale or transfer shall relieve such living unit from liability for
any assessments or charges thereafter becoming due or from the lien
thereof.
10. Exempt Property. All properties dedicated to, and
accepted by, a local public authority and all properties owned by
a charitable or nonprofit organization exempt from taxation by the
laws of the State of Montana shall be exempt from the assessments
created herein, provided however, no land or improvements devoted
to dwelling use shall be exempt from said assessments.
ARTICLE VI
1. By Association. In addition to maintenance upon the
common area, the Association shall provide exterior maintenance
upon each lot which is subject to assessment hereunder, as follow:
paint, repair, replace and care for party walls between living
units, roofs, gutters, downspouts, exterior building surfaces and
other such exterior improvements. Such exterior maintenance shall
not include improvements built or placed by an owner within the
patio or yard space or repairs or replacements caused by any of the
perils covered by a standard for fire insurance policy with
extended coverage endorsement thereon, or caused by flood,
earthquake or other Acts of God, including, but not limited to
glass surfaces, air conditioning units, trees, shrubs, grass,
walks, driveways, parking areas, or landscaping.
2. Necessitated by Owner. In the event that the need for
maintenance or repair is caused through the willful or negligent
act of the owner, his family or guest, or invitees, the cost of
such maintenance or repairs shall be added to and become a part of
the assessment of which such living unit is subject.
3. By Owner. Except as provided in paragraph 1 of this
Article, all maintenance items shall be the responsibility of each
living unit owner; provided however, that if a living unit owner
shall fail to maintain or make the repairs or replacement which are
the responsibility of such living unit owner, then, upon vote of a
majority of the board of Directors, and after not less than thirty
(30) days notice to the living unit owner, the Association shall
have the right (but not the obligation) to enter upon or into the
lot or living unit and provide such maintenance or make such
repairs or replacements, and the cost thereof shall be added to the
assessments chargeable to such living owner and shall be payable to
the Association by the said living unit owner.
DRAFT COVENANTS --THREE MILE FARM 9
4. Access at Reasonable Hours. For the purpose of
performing the maintenance authorized by this Article, the
Association's agents or employees shall have the right after
reasonable notice to the living unit owner, to enter upon a lot or
living unit or upon any portion of the common areas, at reasonable
hours, and without notice at any time in the event of an emergency.
ARTICLE VII
DUTIES AND POWERS OF THE OWNER'S ASSOCIATION
1. Duties and Powers. In addition to the duties and powers
enumerated in its Articles of Incorporation and By -Laws, or
elsewhere provided for herein, and without limiting the generality
thereof, the Association shall:
a. Common Areas. Maintain and otherwise manage all of the
common areas and all facilities, improvements and
landscaping thereon, and all property that may be
acquired by the Association.
b. Furnishings and Equipment. Obtain and maintain for the
common areas, and it's use and recreation, such
furnishings and equipment as shall be necessary or
proper.
C. Exterior Maintenance. Maintain the exterior of the
living units in the manner and subject to the limitations
set forth in Article VI.
d. Utilities Refuse Collection Have the authority to
obtain for the benefit of all the owners, all utility
services, including but not limited to, water, gas,
sewer, electricity and refuse collection; and, to the
extent not separately charged or metered, for the
individual living units upon the owner's request and
promise to pay therefor.
e. Legal and Accounting Services. Have the authority to
obtain legal and accounting services necessary or proper
in the operation of the project or the enforcement of
these Restrictions.
f. Easements. Grant easements where necessary for utilities
and sewer facilities over the common areas to serve the
common areas and the living units.
g. Employ. Have the authority to employ a manager or other
persons and to contract with independent contractors or
managing agents to perform all or any part of the duties
and responsibilities of the Association.
DRAFT COVENANTS --THREE MILE FARM 10
h. Contingency Fund. Have the power to establish and
maintain a working capital and contingency fund in an
amount to be determined by the Board of Directors of the
Association. Said fund shall be used by the Association
as the Directors shall deem fit to carry out the
objectives and purposes of the Association, and shall be
added to and made a part of the regular assessments
provided for in paragraph 3 of Article V hereof.
i. Purchase Insurance. Have the power to purchase insurance
for either or both the common areas and all or any part
of the living units for such risks, and such companies,
and in such amounts as the Board of Directors of the
Association shall determine and to assess the premium
costs thereof in any manner that the Board of Directors
of the Association shall deem to be equitable. Premium
costs for risks associated with the common area shall be
part of the uniform assessment provided in Article V and
risks associated with individual dwelling units shall be
special assessments attaching only to such dwelling
units.
2. Liability Insurance. Public liability and common area
property damage insurance shall be purchased by the Board, or
acquired by assignment from Declarant, as promptly as possible
following its election, and shall be maintained in force at all
times. The premium thereon to be paid out of the Association's
funds. The insurance shall be carried in reputable companies
authorized to do business in Montana. The minimum amounts of
coverage shall be $500,000.00 for personal injury to any one
person,.$1,000,000.00 for personal injury to any number of persons
sustained in any one accident or mishap, and $100,000.00 property
damage. The policy shall insure against, but may not be limited
to, injury or damage occurring in the common area.
a. Fire Insurance - Master Policy for Common Area. A master
or blanket fire insurance policy shall also be purchased
or acquired by the Board as promptly as possible
following its election, and shall hereafter be maintained
in force at all times, the premium thereon to be paid out
of the Association's funds. Said insurance shall be
carried with reputable companies qualified to do business
in the State of Montana, and shall insure against loss
from fire and other hazards therein covered, for the full
insurable value of all of the permanent improvements upon
the common area. Said policy may contain extended
coverage and replacement costs endorsements, coverage,
special form endorsement, stipulated amount clause, or
clauses to permit cash settlement covering full value of
the improvements in the event of partial destruction.
The policy shall be in such amounts as shall be
DRAFT COVENANTS --THREE MILE FARM 11
determined from time to time by the Board. The policy
shall name all owners and mortgagees of the subject
property, or any of it, as insured, as their respective
interest may appear, and shall contain a loss payable
endorsement in favor of the trustee hereinafter
described.
b. Other Insurance. The board of Directors of the
Association may purchase additional insurance as the
Board may determine to be advisable including, but not
limited to, workmans compensation insurance, demolition
insurance to remove improvements that are not rebuilt,
fidelity bonds and insurance on Association owned
personal property. All premiums therefor shall be paid
out of the Association's funds.
C. Owner's Additional Insurance. An owner may carry such
personal liability and property damage insurance
respecting his individual living unit as he may desire;
however, any such policy shall include a waiver of
subrogation clause against the Association and all other
owners.
d. Mortgagee's Rights. With respect to insurance coverage
under paragraph (b) hereof, any mortgagee of record shall
have the option to apply insurance proceeds payable to it
in reduction of the obligation secured by it's mortgage.
3. Damage and Destruction; Reconstruction. If any permanent
improvement comprising a part of the properties, whether owned by
an individual owner or by the Association, shall be damaged by fire
or other casualty covered by insurance, the proceeds of all such
insurance policies shall be paid to the Association to be applied
as hereinafter provided. If the damage or destruction shall be one
or more living units, the Board of Directors of the Association
shall enter into a contract for the repair or reconstruction of the
damaged improvements, upon such terms as the Board feels is in the
best interest of the individual owner as well as the Association.
In the event that the proceeds from the insurance policies payable
as a result of the loss to an individual living unit shall be
insufficient for the repair or reconstruction of such living unit,
the deficiency shall be promptly paid by the owner of such living
unit, failing which, such amount shall become a special charge and
assessment against such living unit pursuant to the provision of
Article V hereof. In the event of damage or destruction of any
improvements upon the common areas, the Board of Directors shall
contract for repair or reconstruction of such improvements and if
the proceeds of any insurance policies payable as a result of such
loss are insufficient for such repair or reconstruction, the
deficiency shall be the subject of a special assessment which shall
be approved by a vote of the owners as provided in Article V
DRAFT COVENANTS --THREE MILE FARM 12
hereof. The insurance proceeds shall be paid to the contractor or
contractors designated by the Board. All repairs or reconstruction
shall be made in accordance with original plans and specifications
therefore, or according to such revised plans and specifications as
may be approved by the Board of Directors of the Association.
In the event that improvements in and upon the common areas
shall not be rebuilt because the cost of rebuilding shall exceed
the available insurance proceeds, and the members shall fail to
approve a special assessment to cover the deficiency, the Board of
Directors shall then cause any remaining portion of such
improvement to be removed and the area cleared and landscaped in
the most efficient and aesthetically pleasing manner possible. In
the event that more than one individual living unit shall be
substantially destroyed by fire or other casualty, and in the
further event that at least sixty-six and two -third percent (66
2/3%) of both Classes of Membership provided herein shall approve,
the damaged and destroyed improvements shall not be rebuilt but
rather the remaining portions thereof shall be removed, and the
land cleared, and the lots occupied by such removed improvements
shall, with the consent of the owners thereof, be removed from the
properties subject to this Declaration.
If the Board of Directors of the Association shall fail to
proceed in good faith with the repair or reconstruction of any
damaged or destroyed improvement whether upon an individually owned
lot or upon common area, and in any event if reconstruction of an
individual dwelling unit is not commenced within sixty (60) days
after the casualty occurs, the owner of such damaged improvement
may proceed to negotiate and execute a contract for such repair or
reconstruction and the Association who shall receive any insurance
proceeds attributable to such loss, shall pay such proceeds, to the
extent required, to the contractor or contractors selected by such
individual owner. In the event that the Board of Directors shall
fail to proceed in good faith to repair or rebuild damaged or
destroyed improvements upon the common areas, any individual owner
may call a meeting of the Association upon thirty (30) days notice
in writing to all owners and such Association may act, through its
membership, to proceed upon a simple majority vote of the members
present and voting to enter into contracts for the repair and
reconstruction of any damaged improvements. The excess of any
proceeds, not required to repair or restore an improvement shall be
paid by the Association to the owner or the institution who shall
have paid the premium for such insurance coverage.
4. Other Duties and Powers. The Association and its Board
of Directors acting in its behalf shall obtain, provide and pay for
any other materials, supplies, furniture, labor, services,
maintenance, repairs, structural alterations, insurance, or pay any
taxes or assessments which the Board is required to secure or pay
for pursuant to the terms of these Restrictions; provided that if
DRAFT COVENANTS --THREE MILE FARM 13
any such materials, supplies, furniture, labor, services,
maintenance, repairs, structural alterations, insurance, taxes or
assessments are specially provided for particular living units, the
cost thereof shall be specially assessed to the owners of such
living units. The Association may likewise pay any amount
necessary to discharge any lien or encumbrance levied against the
entire properties or any part thereof which may, in the opinion of
the Board, constitute a lien against the common areas, rather than
merely against the interests therein of a particular owner,
provided that where one or more owners are responsible for the
existence of such lien, they shall be jointly and severally liable
for the cost of discharging it, and any costs incurred by the Board
by reason of said lien or liens shall be specially assessed to said
owners.
ARTICLE VIII
1. Rights and Duties of Owners. The rights and duties of
the owners with respect to sanitary sewer, water, electricity, gas
and telephone lines and facilities shall be governed by the
following:
a. Easement. Wherever sanitary sewer or water connections
or electricity, gas, telephone, or other similar lines or
pipes are installed within the properties, which
connections, lines or pipes, or any portion thereof, lie
in or upon lots owned by other than the owner of a living
unit served by said connections, lines or pipes, the
owners of any living unit served by said connections,
lines or pipes, shall have the right, and are hereby
granted an easement to the full extent necessary
therefor, at reasonable hours, to enter upon the lot
within the properties in or upon which said connections,
lines or pipes, or any portion thereof, lie, to repair,
replace and generally maintain said connections, lines
and pipes, as and when the same may be necessary.
b. Common Connections, Lines or Pipes. Wherever sanitary
sewer or water connections or electricity, gas or
telephone lines or pipes, are installed within the
properties, which connections serve more than one living
unit, the owner of each living unit served by said
connections, lines and pipes, shall be entitled to the
full use and enjoyment of such portions of said
connections, lines and pipes, as service his living unit.
C. Resolution of Disputes. In the event of a dispute
between living unit owners with respect to the repair or
rebuilding of said connections, lines or pipes, or with
respect to the sharing of the cost thereof, then, upon
written request of one of such owners, addressed to the
Association, the matter shall be submitted to the Board
of Directors who shall decide the dispute, and the
decision of the Board shall be final and conclusive on
the parties.
2. Declarant°s Easement. Easements over the properties for
the installation and maintenance of electric, telephone, water, gas
and sanitary sewer lines, pipes and facilities, and for drainage
facilities, as shown on the recorded plat of the properties and as
my be hereinafter required or needed to service the properties, or
any living units, are hereby reserved by declarant, together with
the right to grant and transfer the same.
USE RESTRICTIONS
In addition to all other covenants contained herein, the use
of the lots and each living unit thereon is subject to the
following:
1. Restricted Use. Except as otherwise provided herein,
none of the lots shall be used except for residential purposes. No
lot shall have more than one living unit thereon. No building
shall be erected, altered, placed or permitted to remain thereon
other than a building or buildings containing townhouse -type units
used for residential purposes.
2. Business and Related Use. No part of the properties
shall ever be used or caused, allowed or authorized in any way,
directly or indirectly, to be used for any business, commercial,
manufacturing, industrial, mercantile, storing, vending, or other
such purposes, provided, however, that Declarant, its successors or
assigns, and the owners of any property annexed pursuant to Article
XII, paragraph 5 hereof, may use the properties for a model site or
sites, and display and sales office during the construction and
sales period.
3. Noxious or Offensive Activities. No noxious of offensive
activity shall be carried on upon any part of the properties, nor
shall anything be done thereon which may be, or may become, an
annoyance or nuisance to the neighborhood, or which shall in any
way interfere with the quiet enjoyment of each of the owners, of
his respective living unit or which shall in any way increase the
rate of insurance.
4. Restricted Residences. No structure of a temporary
character, trailer, basements, tent, shack, garage, barn or other
DRAFT COVENANTS --THREE MILE FARM 15
outbuilding shall be used on any lot at any time as a residence,
either temporarily or permanently.
5. Vehicles and Recreational Equipment. No animals,
livestock, or poultry of any kind shall be raised, bred, or kept on
or within any lot or living unit except that dogs, cats, or other
household pets may be dept on or within the lots or living units,
provided they are not kept, bred or maintained for any commercial
purpose, or in unreasonable numbers.
Pets taken to common areas must be on a leash and owners must
carry equipment to clean up immediately all droppings left by their
pets.
Notwithstanding the foregoing, no animals or fowl may be kept
on the properties which result in any annoyance to, or are
obnoxious to other living unit owners or tenants in the vicinity.
6. Trash. All rubbish, trash and garbage shall be regularly
removed from the properties, and shall not be allowed to accumulate
thereon.
7. Antennas. No owner may be permitted to construct or use
and operate his own external radio or television antenna, without
the written approval of the Architectural Committee.
ARTICLE X
1. General Rules of Law to Apply. Each wall which is built
as a part of the original construction of the homes upon the
properties and placed on the dividing line between the lots shall
constitute a party wall, and, to the extent not inconsistent with
the provisions of this Article, the general rules of law regarding
party walls and liability for property damage due to negligence or
willful acts or omissions shall apply thereto.
2. Sharing of Repair and Maintenance. The cost of
reasonable repair and maintenance of a party wall shall be shared
by the owners who make use of the wall in proportion to such use.
3. Destruction by Fire of Other Casualty. If a party wall
is destroyed or damaged by fire or other casualty, any owner who
has used the wall may restore it, and if the other owners
thereafter make use of the wall, they shall contribute to the cost
of restoration thereof in proportion to such use without prejudice.
DRAFT COVENANTS --THREE MILE FARM 16
4. Weatherproofing. Notwithstanding any other provision of
this Article, an owner who by his negligence or willful act causes
the party wall to be exposed to the elements shall bear the whole
cost of furnishing the necessary protection against such elements.
5. Right to Contribution Runs with Land. The right of any
owner to contribution from any owner under this Article shall be
appurtenant to the land and shall pass to such owner's successors
in title.
6. Arbitration. In the event of any dispute arising
concerning a party wall, or under the provisions of this Article,
then upon written request of one of such owners, addressed to the
Association, the matter shall be submitted to the Board of
Directors who shall decide the dispute, and the decision of the
Board shall be final and conclusive on the parties.
ARTICLE XI
1. Architectural Approval. No building, fence, wall or
other structure shall be commenced, erected or maintained upon the
properties, nor shall an exterior addition to or change or
alteration therein be made until the plans and specifications
showing the nature, kind, color, shape, height, materials, location
and other material attributes of the same shall have been submitted
to and approved in writing as to harmony of external design and
location in relation to surrounding structures and topography by
the Architectural Committee established pursuant to the provisions
of paragraph 2 of this Article. In the event said Board fails to
approve the plans within thirty (30) days after said plans and
specifications have been submitted to it, approval will not be
required and this Article will be deemed to have been fully
complied with.
2. Appointment of Architectural Committee. Declarant shall
initially appoint the Architectural committee, consisting of not
less than three (3) members, who shall remain in office until
Declarant's Class B membership shall have terminated, From and
after such time or event, as the case may be, the Architectural
committee shall be composed of the board of Directors of the
Association or by three (3) of the association. In the event of
the death or resignation of any member of the committee prior to
the time when the Board of Directors of the Association is vested
with Authority, Declarant shall have the right to appoint such
member's successor.
ARTICLE XII
DRAFT COVENANTS --THREE MILE FARM 17
1. Enforcement. The Association, in the first instance, or
any owner, should the association fail to act within a reasonable
time, shall have the right to enforce, by any proceeding at law or
in equity, all limitations, restrictions, liens and charges now or
hereafter imposed by the provisions of this Declaration, or any
amendment hereto. Failure by the Association or by any owner to
enforce any limitation, condition, reservation, lien, charge,
covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter. Deeds of
conveyance of said property, or any part thereof, may contain the
above restrictive covenants by reference in such deeds, or any part
thereof, each and all such restrictive covenants shall be valid and
binding upon the respective grantees. Violators of any one or more
of such covenants may be restrained by any court of competent
jurisdiction and damages awarded against such violators, provided,
however, that a violation of these restrictive covenants or any one
or more of them shall not affect the lien of any mortgage or deed
of trust not of record or which hereafter may be placed of record
upon said lots or any part thereof.
2. Severability. Invalidation of anyone of these covenants
or restrictions, or any portion thereof, by judgment or court order
shall in no way affect any other provisions which shall remain in
full force and effect.
3. Term. The covenants and restrictions of this
Declaration shall run with and bind the land for a term of twenty
(20) years from the date this Declaration is recorded, after which
time they shall be automatically extended for successive periods
of ten (10) years for so long as the property shall continue to be
used for residential uses.
4. Amendment. This Declaration may be amended by an
instrument signed by not less than seventy-five percent (75%) of
the lot owners. Any amendment must be recorded and receive prior
approval from the City Council, Kalispell, Montana. Declarant may
amend this document prior to delivery of the first deed to an
owner.
5. Adding Additional Land.
a. By Declarant. As Three Mile Farm is developed in various
phases, the land so developed shall be added to the land
to which this Declaration is applicable by the recording
of a Supplemental Declaration describing the land to be
so added and the lot owners thereof shall be subject to
the limitations and granted the right of lot owners
specified herein and shall be entitled to membership in
the Association.
DRAFT COVENANTS --THREE MILE FARM 18
b. With Consent of Owners/Members.-
wners/Members. Additional land may be
added to the land in Three Mile Farm at the request of
the owners of such additional land and with the consent
of two-thirds ( 2/3 ) ( based on one vote for each townhouse
unit) of the Owners/Members.
6. Construction. This Declaration shall be liberally
construed to effectuate its purposes of creating a uniform plan and
scheme for the development of a townhouse project and for the
maintenance of common recreational facilities and areas. The
provisions hereof shall be construed in a manner which will
effectuate the annexation to and merger into the project of
additional land pursuant to paragraph 5 of this Article. The
Article and paragraph headings have been inserted for convenience
only and shall not be considered or referred to in resolving
questions of interpretation or construction. All terms and words
used in this Declaration regardless of the number and gender in
which they are used shall be deemed and construed to include any
other number, and any other gender, masculine, feminine, or neuter,
as the context or sense of this Declaration or any Article or
paragraph herein may require, with the same effect as if such
number and words had been fully and properly written in the
required number and gender. Whenever the words and symbol °and/or11
are used in this Declaration, it is intended that this Declaration
be interpreted and the sentence, phrase or other part be construed
in both its conjunctive and disjunctive sense, and as having been
written twice, once with the word "and" inserted, and once with the
word"or" inserted, in the place of said words and symbol "and/or".
7.- Notices. Any notice permitted or required to be
delivered as provided herein may be delivered either personally or
by mail. If delivery is made by mail, it shall be deemed to have
been delivered twenty-four (24) hours after a copy of same has been
deposited in the United States mail, postage prepaid, addressed to
each person at the address given by such person to the Association
for the purpose of service of such notice or to the address of the
living unit of such person if no address has been given. Such
address may be changed from time to time by notice in writing to
the Association.
8. Easements. Each lot and the common area shall be subject
to an easement for overhangs and minor encroachments by walls,
structures and fences upon adjacent lots as constructed by the
original builder or as reconstructed or repaired in accordance with
the original plans and specifications. In addition the common area
shall be subject to an easement in favor of adjacent lot owners for
concrete slabs extending approximately eight (8) feet into the
common area, all as constructed by the original builder or as
reconstructed or repaired in accordance with the original plans and
specifications.
DRAFT COVENANTS --THREE MILE FARM 19
C~i
Preliminary Plat
Three Mile Farm
A Residen tial PUD
----/ THREE MILE DRIVE
------— — — — — — — ------
TRACT 5AB
J
IV
TRACT 5AN+
LIBERTY STREET
a m
O
LOT 3
�OLSON'S ADDITION
—� ° LOT 4
�OLSON'S ADDITION
LOT 5
°OLSON'S ADDITION
OL ON
1 T A DI Tl N
m E�,�wa �rnammv
SMITH SURVEYING
1131 South Main
P.O. Box 7323
Kalispell, MT 59903
(406) 2577-4C323
uowrwu awsnrwrs
Preliminary Plat of
Three Mile Form
Country Townhomes
1"14 W1/4 Sec I2,
T.2W.., R.22W., P.R,M.
Flathead c—ty, Montana
Prepared Tor. Fred aendl,
Clyde Smith
Jim Pet—h
aew'ro,°ro,° N.wumn � win numm.,nma i
ReN°ed I Kalispell Site
Oevdopment Review
.C—Ittee 7/1/9a
SMITH SURVEYING
1South
Preliminary Pilot 1,31 P.O. Box Main
7,323
Kalispell, Three Mile Form KMT 5990-3
(406) 257-4323
A Residen tial PUD
THREE MILE DRIVE Preliminary Plat of
--- — — — — — — — — Three Mile Form
Country Townhomes
NWNEI14 S- 12,
0 1 2 1 1 41 T.2814 N., R.22W ,
flathead County,M-t—
QI z ui TRACT 5AB
Prepared for. Fred G.ndhr
Clyde Smith
Jim Pet—h
2 50'
X.
........ - - - - - - GRAPHIC SCALE
C,
21
414
CT ,ra.a4 LOT 3
-'Q' OLSON'S ADDITION
7
--------- - -- LOT 4 -----
7 OLSON'S ADDITION 1 A-
------- ---
11 12 2
........... ...................... ...
. ........ .. . ... . ...... I.......... i 0
..............
.......... LOT 5 )re Mn
11111'1 A101101
0,
TRACT 5AN+ gem k: 1 2
OLSON
1ST ADDITION
6— 4, L- 1-4
PA._
11
blockI 1. 11;; �7-10
7
M.
ck e
-- -----------I
- - - - - - - - - - - - - - - - - - - ---- - - - - -- -
R.Wsed for Kalispell Site
27 0219 89 205381
To the County of Flathead and the City of K a l i s p e l l in Montana
CHICAGO TITLE INSURANCE COMPANY OF IDAHO, a corporation organized and existing under
the laws of the State of Idaho, with its principal office in the City of Boise, Idaho, and duly authorized to
insure titles in Montana hereby certifies that from its examination of these public records which impart
constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of
the 9 t h day of June , 19 9 3 , at 5 o'clock P.M., the title to the described real
estate was indefeasibly vested in fee simple of record in:
Clyde B. Smith, as to a portion
James L. Petesch and Sheron J. Petesch, as to a portion.
subject only to the objections, liens charges, encumbrances and other matters shown under Schedule
B hereof.
The maximum liability of the undersigned under this certificate is limited to the sum of $ 5 , 0 0 0 . 0 0
This certificate of title is made in consideration of the payment of the premium by the subdivider of the
land and for the use of the County and City above named.
Issued by:
COUNTY GUARANTY
TITLE COMPANY
211 Main - (Box 73)
Kalispell, Montana 59901
Phone: (406) 752-6911
!..........
Aut orized Signature
PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE (MONTANA)
Reorder Form No. 9113
SCHEDULE A
Page 2 Certificate No.: 27-0219-89-205381
Our File No.: CG-17958
Being the legal description of the real estate covered by this
certificate.
The following -described parcels of real estate:
A tract of land in the Northwest Quarter of the Northeast Quarter
(NW4NE4) of Section 12, Township 28 North, Range 22 West,
M.P.M., Flathead County, Montana, described as follows:
Beginning at a point which bears North 8903812811 East a distance of
979.83 feet and South 0000514511 West a distance of 462.04 feet
from the Northwest corner of the Northeast Quarter of Section
12; according to Certificate of Survey No. 10998, records of
Flathead County, Montana; thence along the West line of Olson's
Addition
South 0000514511 West a distance of 252.31 feet to the Northeast
corner of Olson 1st Addition; thence along the North line of
said subdivision
South 8904412611 West a distance of 216.80 feet to the Northwest
corner of said subdivision; thence along the West line of said
subdivision
South 0000514511 West a distance of 166.36 feet to the North line of
Liberty Street; thence along the North line of Liberty Street
South 8904412611 West a distance of 99.02 feet to the Southeast
corner of that parcel described in Document #9313814020 and
as shown on Deed Exhibit recorded in Book 526, page 91, records
of Flathead County, Montana; thence along the East line of said
parcel
North 00022159/1 West a distance of 166.92 feet to the Northeast
corner of said parcel; thence along the North line of said
parcel
South 8903511011 West a distance of 489.91 feet to the Southeast
corner of that parcel described in Book 584, page 578 and as
shown on Certificate of Survey No. 2125, records of Flathead
County, Montana; thence along the East line of said parcel
North 0004010111 East a distance of 641.19 feet to the South line of
Three Mile Drive, a deeded State Highway as described in Book
383, page 220, records of Flathead County, Montana; thence along
the South boundary of said State Highway
North 8903412111 East a distance of 186.39 feet to a point; thence
South 3102413111 East a distance of 369.60 feet to a point; thence
North 8902412211 East a distance of 105.42 feet to the West line of
that parcel described in Book 764, page 483 and as shown on Deed
Exhibit recorded in Book 507, page 22, records of Flathead
County, Montana; thence along said West line
South 0001815811 West a distance of 71.18 feet to a point; thence
South 8905615811 East a distance of 316.06 feet to the point of
beginning.
SCHEDULE B
Page 3 Certificate No.: 27-0219-89-205381
Our File No.: CG-17958
Being all of the estates, interests, equities, lawful claims, or
demands, defects, or objections whatsoever to title; and all
easements, restrictions, liens, charges, taxes (general, special,
or inheritance, or assessments of whatever nature), or
encumbrances; and all other matters whatsoever affecting said
premises, or the estate, right, title, or interest of the record
owners, which now do exist of record.
1. General taxes for the second half of the year 1992, which are
now delinquent. (Tract 5AL)
2. General taxes for the year 1993.
3. Taxes, charges, and assessments not yet certified to the
County Treasurer for collection.
4. Reservations in United States Patents or the acts authorizing
the issuance thereof.
5. Mineral rights, claims or title to minerals.
6. Agreement executed by and between John Byrne and Lottie
Byrne, husband and wife, parties of the first part; and F. P.
Scott and Angeline Scott, husband and wife, parties of the
second part; and Leo Kinshella and Vivian Kinshella, parties
of the third part, recorded May 5, 1944 in Book 257, page 84,
records of Flathead County, Montana.
7. Easement granted to Vivian Kinshella, recorded May 5, 1944 in
Book 257, page 92, records of Flathead County, Montana, as
follows: "... grant ... the right to carry and convey all of
the water to which she is entitled under said water right
over and across the said land... through the said
Talbott -Byrne ditch and the new fill ditch running across the
land of the parties of the first part... together with the
right of ingress and egress to said premises ... for the
purpose of handling said water and for the purpose of making
repairs and maintenance on said ditch..."
8. Right of Way Easement granted to the Montana Power Company,
recorded December 12, 1968, under Recorder's Fee #8818, in
Book 503, page 362, records of Flathead County, Montana, as
follows:" ... grant... the right to construct, maintain,
operate and remove a gas pipe line over, under, along and
across that certain real property..."
9. Reservation contained in deed executed by Oscar Olson A/K/A
Oscar H. Olson and Marlys Olson A/K/A Marlys I. Olson,
recorded May 24, 1971, under Recorder's Fee #4097, in Book
523, page 870, records of Flathead County, Montana, as
follows: "RESERVING an easement for public roadway sixty (60)
feet in width along the West boundary of the above -described
tract." And any subsequent conveyances of record.
10. Trust Indenture dated October 11, 1985, executed by James L.
Petesch and Sheron J. Petesch, to American Abstract and Title
Company, as Trustee; and Whitefish Credit Union Association,
as Beneficiary; to secure payment of $30,000.00, together
with interest, and any other obligations secured thereby,
recorded October 18, 1985, as Document #8529112320, records
of Flathead County, Montana. (Tract 5AG and 5AL)
11. Substitution of Trustee, substituting Leo W. Tracy as Trustee
in the Deed of Trust shown at Exception #10 above, recorded
June 30, 1989, as Document #8918115290, records of Flathead
County, Montana.
12. Said tract lies within the boundaries of the West Valley Fire
District.
13. No search has been made for water rights and unpatented
mining claims, and liability thereon is excluded from
coverage of this Certificate.
IVELL
CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
JULY 13, 1993
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -
AND ROLL CALL County Planning Board and Zoning Commission was called
to order at 7:03 p.m. by President Therese Hash. Hash,
DeGrosky, Fraser, Bahr, Ellingson and Carlson were
present. Absent Board members were Kennedy, Lopp and
Conner, all excused. There were approximately 30
members of the public in attendance.
APPROVAL OF The minutes of the June 8, 1993 meeting were approved
MINUTES as written on a motion by Bahr, second by Carlson. All
Board members present voted aye.
GLACIER
Hash introduced a request by Glacier Wholesalers to
WHOLESALERS
amend the Evergreen Zoning District (Flathead County
ZONE CHANGE f
Resolution #797A) by changing the zoning of a tract of
B-3 TO I-1
land from B-3 General Business to I-1 Light Industrial.
The subject property contains approximately .44 acres
and is described as the west 1/2 (back half) of the
property addressed as 2564 Hwy 2 East in Evergreen.
The site lies south of West Reserve and west of
LaSalle.
Staff Report
Tom Jentz, Senior Planner, Flathead Regional
Development Office, presented staff report #FZC-93-7,
noting that the subject property had no front access
and represented a transtitional area between
surrounding commercial zones and light industrial. A
letter from David Meredith was received in favor of the
zone change. No opposition was received in the office.
Staff is recommending approval of the zone change.
Public Hearing Dave Greer, representing the applicant, spoke in favor
In Favor of the request for a zone change, and supported staff's
findings.
Opposition No one spoke in opposition to the zone change. The
public hearing was closed and opened to Board
discussion.
Motion Fraser moved to accept staff report #FZC-93-7 as
findings of fact, and forward a favorable
recommendation to the Commissioners to grant the zone
change from B-3 General Business to I-1 Light
Industrial. Bahr seconded. on a roll call vote, all
Board members present voted aye.
OWENS ZONE Hash introduced a request by Douglas McDougal on behalf
CHANGE / of Gaylon (Lum) Owens to amend the Evergreen Zoning
R-1 TO I-1 District Map from R-1 Residential to I-1 Light
Industrial for a .9 acre tract of land described as 39
I
Riverside Drive and situated in the northeast corner of
the intersection of Park Street and Riverside Drive.
Staff Report Jentz presented report #FZC-93-9. The Master Plan
designates this area for low density residential, as
there is no sewer or water to the property, and it is
in close proximity to the Stillwater River. Staff
indicated they had mixed reviews of the request, but
did recommend approval of the zone change, unless there
:A, is substantial public opposition to it. A petition was
submitted with the application signed by 20 adjoining
residents in favor of the intended use of storage units
on the property. Another petition signed by 15
_. W 1 T5 property owners and 4 renters was subsequently
submitted in opposition to the Light Industrial
classification. Some names appear on both petitions.
Three phone calls from adjacent property owners were
received in opposition.
Public Hearing Doug McDougall, purchaser/applicant, explained the
In Favor history of the area. He stated that the property has
had an auto repair shop on it for the past 20 years.
He would like to build storage units, and expand his
business by greater than 50% in the future. He
submitted photos to the Board depicting the surrounding
land uses.
Gaylon "Lum" Owens, previous owner of the subject
property, had a repair shop there which was
grandfathered in. He felt that the best use for this
property is light industrial. In his opinion, it is
not a prime residential area, there are no $100,000
homes, mostly $10,000 homes. It is not a quiet
neighborhood, as the mill across the river is loud. He
felt that the gentleman who generated the second
petition has an ax to grind with Mr. Settle down the
road, and this is not fair.
Steve Settle, Riverside Drive, pointed out that the
staff report was inaccurate. Residential properties in
the area are 25 to 100 years old, and are very small.
The Master Plan intent is to have a light industrial
zone as a buffer between heavy industrial and
residential. Perhaps it was an oversight of the Board
to zone this area R-1. He also mentioned the second
petition in opposition to the zone change. He said he
interviewed two parties who signed it. He felt they
were under mild duress who thought that with a I-1
zone, their neighborhood would become another lumber
mill. He feels this is heinous, unfair and a
misrepresentation.
Opposition Franz Barthel, 263 Riverside Drive, a resident for 13
years and owns the rental property next to Mr.
McDougall's property. He explained that his name was
on both petitions, because Mr. McDougall had
2
represented that he was going to build storage units.
He felt this use was compatible with the neighborhood,
however later realized the full ramifications of an I-1
zone. There are some very nice homes in the area, none
of which are $10,000. There are 14 single family
residences on Park Street, and 24 on Riverside Drive.
Therefore, it is predominantly a residential area. It
has been quiet for the 13 years he has lived there, as
one gets used to the consistent sound of the lumber
mill. Mr. McDougall has improved the property since he
has owned it. However, he has a fear of how an I-1
zone would impact the neighborhood with a different
owner. His other neighbor, Mr. Settle has no regard
for his neighbors in terms of how much noise he makes,
the increased traffic, dust and the general eyesore he
has made of his property. Mr. Barthel is here tonight
because of Mr. Settle. He has first hand experience of
what it is like to have a light industrial use next
door by some one who abuses that. He informed the
Board that Flathead County is presently involved in
litigation with Mr. Settle over a zone change.
This is a predominantly residential neighborhood and
opening the door to light industrial zoning will have
a chain effect. The already dangerous traffic will
increase. It is not designated in the Master Plan as
light industrial. Even though there is I-1 zoning
across the Stillwater River, that area is actually
wetlands, which would preclude further development.
During his research, he learned that Lawrence Park
would like to extend the park into this area.
Connie Valentine, 205 Riverside Drive, resident for 10
years, expressed concern about developing in the
wetlands. The mill across from her has destroyed the
river bank, and their efforts to mitigate the damage is
never like it was before. The road is narrow with no
shoulder, and could not withstand industrial traffic.
Mike Bahr, 122 Riverside Drive, has no problem with
storage units in the neighborhood, but is opposed to a
light industrial zone. This is a beautiful area to
live, but the existing garage/shop has a yard full of
trucks and a mountain of tires which he has to look at,
therefore he does not want any more I-1. Also, the
traffic is dangerous.
Nancy Hite, 84 Park Street, is adamantly opposed to an
I-1 zone change. She has owned the property for 16
years. She stated that her house is not 100 years old,
it was built 14 years ago, and has been appraised at
$78,000. Gopher's Garage was not there when she bought
the property, or she would not have built her home
there. It is an eyesore and she would be opposed to
its expansion. She noted that increased traffic would
be a problem.
3
There being no further opposition, the public comment
period was closed and the meeting opened to Board
discussion.
Discussion
Ellingson felt that the neighbors have a right to rely
on the zone designation in place. DeGrosky noted that
there are plenty of I-1 zones in the county. This zone
change would benefit one, and impact 17 who signed the
petition. There are 38 single family residences and 4-
5 commercial uses. He had considerable concern
regarding the comment on the quality of homes, stating
that that is a value judgement. It may not be a big,
fancy house, but it is home. This neighborhood has
affordable homes. Fraser felt at the time this area
was zoned, we did not do justice to the existing
industrial uses, and did not provide for buffering.
Board discussion focused on how an I-1 zone would
impact the neighbors substantially.
Motion Fraser moved to accept report #FZC-93-9 as findings of
fact, and recommend the zone be changed from R-1 to
I-1. Bahr seconded. on a roll call vote Fraser voted
in favor. Bahr, Carlson, DeGrosky, Ellingson, and Hash
voted against the zone change. The motion failed on a
1-5 vote.
Motion Ellingson moved to accept report #FZC-93-9 as findings
of fact, but noting that there was substantial
neighborhood objection, the Board recommends denial of
the zone change request from R-1 to I-1. DeGrosky
seconded. on. a roll call vote, DeGrosky, Bahr,
Ellingson, Carlson and Hash voted aye. Fraser voted
nay. The motion to deny the zone change request passed
on a 5-1 vote.
LIBERTY
Hash introduced
a request by
O.H. Whitescarver
for
VILLAGE
preliminary plat
approval of Liberty Village, a six
lot
PRELIMINARY
residential subdivision located
at the far western
end
PLAT
of Liberty Street
in Kalispell.
Fraser excused himself
from the Board on this matter
due to a conflict
of
interest.
Staff Report Jentz presented report #KPP-93-3, recommending approval
with six requirements and three staff recommendations.
He added a fourth recommendation: That a cash in lieu
of parkland dedication fee be required in the amount of
$5,000.
Public Hearing Dawn Marquardt, surveyor for the project, spoke in
In Favor favor of the project, however, the applicants
questioned their responsibility in acquiring the
additional 30 feet of R/W for Justice Street, as this
property had already dedicated the initial 30 feet of
R/W.
0
Opposition Gene McGlenn, 212 Three Mile Drive, has resided on
adjacent property to the west for 45 years. They have
plans for commercial development if the traffic by-pass
is built just west of them.
Darcy Laird, daughter of Gene McGlenn, spoke for
herself and her siblings in adamant opposition to
relinquishing a 30 R/W from their property. She
expressed concern about the density of the project, the
safety of the children, and questioned where the access
road will be built, in light of their unwillingness to
be encroached upon.
Hearing no further public comment, the public hearing
was closed and meeting opened to Board discussion.
Motion DeGrosky moved to adopt subdivision report #KPP-93-3
as findings of fact, subject to the conditions and
recommendations, changing requirement #3 to 55-foot
radius temporary cul-de-sac, and add recommendation #4:
Cash in lieu of parkland in the amount of $5,000 shall
be paid to the City of Kalispell based on the
undeveloped market value of $45,000 for the site.
Carlson seconded.
Discussion Discussion and explanation followed on dedication of
R/W and the conditions of annexation into the City. On
a roll call vote, all Board members voted aye. The
motion passed on a 5-0 vote.
PETESCH & Hash introduced a request by James and Sheron Petesch
SMITH / and Clyde Smith for annexation with an initial zoning
ANNEXATION classification of R-4 Residential for a 7.8 acre tract
of land located between Three Mile Drive and Liberty
Street approximately 800 feet west of the Northern
Lights Boulevard intersection. Fraser excused himself
from the Board on the next two matters, due to a
conflict of interest.
Staff Report Jentz explained that two separate actions need to taken
on the next two agenda items, the first step being
consideration of annexation into the City of Kalispell
with an initial zoning classification of R-4. He
presented annexation report #KA-93-4, with a staff
recommendation of approval.
Public Hearing David Greer, representing the applicant, displayed a
In Favor vicinity map, explaining the location and surrounding
land uses. He spoke in favor of annexation with an R-4
zone, which represents a transitional zone between high
density multi -family and urban residential.
Gene McGlenn, has no objection to this development.
Opposition Richard Nelson, 94 Northern Lights Blvd., adjacent
property owner to the east, is opposed to the increased
5
density, excessive traffic and noise, as well as
attendant parking problems. The already crowded
schools will be further burdened by the increased
number of children. The need for a new school will
increase taxes.
Hearing no further comment, either for or against,, the
public hearing was closed.
Motion DeGrosky moved to accept annexation report #KA-93-2 as
findings of fact, and forward a recommendation of
approval to the City Council. Bahr seconded. on a
roll call vote, all Board members present voted aye.
THREE MILE The next related item for consideration was a request
FARMS / by Clyde Smith, James and Sheron Petesch and Fred
PLANNED UNIT Gendler for preliminary plat approval with a Planned
DEVELOPMENT & Unit Development zoning overlay for Three Mile Farms,
PRELIMINARY a 70 unit residential development located on land lying
PLAT between Three Mile Drive and Liberty Street.
Staff Report Jentz presented the reports reviewing the PUD Overlay
(#KPUD-93-1), and preliminary plat (#KPP-93-4). Staff
recommends approval subject to 8 requirements and 8
conditions. Parking concerns were addressed at length.
He noted a change in recommendation #6c, to read: With
Phase I, Homestead Avenue shall terminate in a
temporary paved cul-de-sac (45 foot radius min.) Any
future development beyond this point will require
Homestead Avenue to be extended through to Liberty
Street for the purpose of secondary access. An
additional recommendation #6e, to read: All right-of-
ways and utility easements shall be dedicated as part
of Phase I.
Public Hearing Dave Greer, representing applicants, noted this
In Favor development is a logical extension of the City, and is
the first PUD in Kalispell. He pointed out features of
the unique design, stressing the landscaping plan, the
open space, and affordable housing. In their desire to
work with City staff, Greer had gone to the Site Plan
Review Committee with the plan, on several occasions,
and thought he had general agreement on the design.
However, at the last meeting which he did not attend,
apparently things changed. He feels that requiring
sidewalks on both sides of the street, and the
excessive parking requirements is unnecessary, will
ruin the planned open spaces, and a precedent will be
set, as no other developments, to date, have these
requirements. Adequate parking is provided in
accordance with the zoning criteria. Parking pods were
incorporated into the design as a result of Site Plan
Review Committee input, but further pods will end up
providing a parking lot to adjoining developments. He
questioned why a temporary cul-de-sac, which will be
ripped up later, needs to be paved. He asked for some
11
flexibility in street light design, and requested that
the end of phasing be changed from 1996 to 1997.
Lynda Collins, Coldwell Banker, representing Mr.
Gendler, spoke in favor of this development. Kalispell
has been discovered, and people moving here need an
attractive, affordable place to live. The requirements
for extra sidewalks and parking will drive the costs of
development up, and will ruin the country -feel living
which is so attractive about this design.
Opposition Ed Dickman, 92 Northern Lights Blvd., is opposed to the
development obstructing his view. He had questions
regarding the density of the phases? Parklands? Price
of each unit? and the cost of sidewalks? He felt that
sidewalks on both sides of the street provided more
V safety for pedestrians.
Richard Nelson, commented on snow removal and road
r
maintenance.
Hearing no further comments, the public hearing was
closed and meeting opened to Board discussion.
Discussion The Board asked Brian Wood, Kalispell Zoning
Administrator to address the city standards for
sidewalks and parking, and discuss what happened at
Site Plan Review. Brian said there was a
misunderstanding with regards to the directions given
to Mr. Greer from the Site Plan Review Committee, as
sidewalks on both sides of the street was discussed.
The parking issue was discussed at length at the last
meeting, and Police Chief Clark spoke strongly in favor
of the need for overflow parking for this project.
Discussion ensued over the need for overflow parking.
The Board agreed that this particular project, with
narrow streets and one -car garages, it was needed. The
Board debated what standards would be appropriate.
Motion Bahr moved to accept preliminary plat report #KPP-93-4
and PUD overlay report #KPUD-93-1 as findings of fact,
and recommend approval subject to the staff
recommendations, amended as follows: #4 - to further
define a hammerhead turnaround as "measuring 20' by
40"'. #6c - that any development after Phase I require
that Homestead Avenue be extended all the way through
to Liberty Street, extending the preliminary plat
approval time and PUD development time frame out to
October 1997 instead of 1996. Add condition #6e - All
R/W and utility easements for the entire project shall
be dedicated at the time of Phase I approval. DeGrosky
seconded.
Amended Motion Ellingson amended the motion to revise recommendation
#2 to "allow for alternative street light design".
DeGrosky seconded. The Board agreed to include this
amendment as part of the original motion. on a roll
call vote the motion was passed unanimously. The Board
commended the applicants on the quality of this PUD
development design.
OLD BUSINESS DeGrosky requested that Juniper Bend be a topic under
old business on the next month's agenda. President
Hash was applauded for her letter to the County
regarding billboards. There was no further old
business.
NEW BUSINESS There was no new business.
CRSS UPDATE Joe Hart, CRSS Civil Engineers Inc. gave a presentation
and study session update concerning the Kalispell
Transporation Study including the Highway Bypass
options. This workshop is in anticipation of a public
hearing scheduled for the August Planning Board
meeting. The public hearing process was explained.
This involves an amendment to the transportation
portion of Kalispell's Master Plan, which requires
action by both the City Council and County Commission.
Meeting room possibilities were suggested.
ADJOURNMENT There being no further business the meeting was
adjourned at 11:10 p.m.
_4
There President
%asimill"a
Elizabeth Ontko, Recording Secretary
1:1