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4. Presentation - Annexation, Initial Zoning and Preliminary Plat - Bay Ridge DevelopmentCity of Kalispell Planing Department 1.7 - 2nd Street East, Suite 21.1, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Nicole C. Johnson, Planner 11 Jaynes H. Patrick, City Manager SUBJECT: Bay Ridge Estates, LLC - annexation and initial zoning of R-3, Urban Single Family Residential and preliminary plat request for Bay Ridge Estates subdivision. MEETING DATE: January 7, 2008 BACKGROUND: The Kalispell city Planning Board met on December 11, 2007 and held a public hearing to consider a request by Bay Ridge Development, LLC for annexation and initial zoning of R-3 (Single Family Residential) for 18.88 acres of tract land. There are four existing houses located on the project site addressed 537, 541, 543 and 545 Three Mile Drive. Although the houses are addressed off of Three Mile Drive, the properties are located at the northern end of Meadows Lane, which connects to Three Mile Drive approximately one-fourth mile west of the intersection of Three Mile Drive and Stillwater Road. The project site is south of Quarter Horse Estates and Spring Creek defines the western boundary of the property. The owner is also requesting preliminary plat approval for Bay Ridge Estates, a 40-lot subdivision with lots that range in size from 7,000 to 30,000 square feet. The property can be legally described as assessor's tracts 1 B, 1 BF, 1 BD, and 1 BDA located within S 1 / 2 of Section 2, Township 28 North, Range 22 west, P.M.M., Flathead County, Montana. Nicole C. Johnson of the Kalispell Planning Department, presented staff report KA-07- 08 and KPP--07 -13 recommending the planning board consider approving the initial zoning of R-3, Urban Single Family Residential, and the 40 lot subdivision as proposed subject to the listed conditions in the staff report. Prior to this recommendation, Mrs. Johnson suggested minor amendments to three of the conditions of approval which are provided below. CONDITION 7: The condition was revised to clarify that the county road providing the sole access to the subdivision, Meadows Lane, would be dedicated to the City of Kalispell. 7. Meadows Lane from Three Mile Drive to the entrance of the subdivision shall be improved to meet city road standards and includes a curb, gutter, drainage facilities, sidewalks, and landscaped boulevards. Note: To ensure drainage and stormwater issues do not result from the project at the intersection of Meadows Lane and Three Mile Drive, the improvements, including curb, gutter, drainage facilities, etc., shall be extended along the radius onto Three Mile Drive. Meadows Lane shalt be dedicated to the..City of Ralis ell. (Kalispell Subdivision Regulations, Section 3.09 and Findings of Fact, Section D, Effects on Local services - Roads) CONDITION 23: After discussion with the city Attorney and the Kalispell Fire Department, the condition was modified to require that the temporary water source be in place at the time of annexation rather than 14 days following annexation. . This amendment ensures the Kalispell Fire Department would be able to serve the property once in the city. (Note: Due to the Planning Board removing Condition 10 in the staff report, this condition now appears as Condition 22 in Exhibit A attached.) 23. An all-weather water storage tank shall be provided in a central location on the property (vicinity of Lot 36) holding a minimum of 5,000 gallons of water -14 El A S PC prior to annexation of the property being recorded. The water tank shall comply with the International Fire Code (2006) and the design and installation shall be reviewed and approved by the Kalispell Fire Department. (Findings of Fact, Section A - Fire, Access, On -site Improvements, Section D -- Fire Protection) CONDITION 26: The developer provided additional information about the common area located along Spring Creek and plans for storm water management to the Kalispell Parks and. Recreation Department. with this new information, both parties agreed that a portion of the common area may be eligible for part of the park land dedication and the loss of lots 9 and 10 may not be necessary. The amended condition requires adequate park land and is more flexible. (Note: Due to the Planning Board removing Condition 10 in the staff report, this condition now appears as Condition 25 in Exhibit A attached.) 26. f . . Dedicate parkland_, equal to one -ninth of the area in lots. The Rarkland included in the dedication shall be located in the southwest corner outside of the adopted floodplain boundaries shall not include storm water mama ement facilities and shall be cont" ous with the arks in the northeast corner of the Co tta a Gardens subdivision and Mountain Vista Estates to the west. Note: Based on.aRproval by the Parks and Recreation De artment the ARRficant may offer a reduced land dedication and Rrovide a cash -in -lieu of land a anent to assist in devely anent of the ark area. Findings of Fact, Section D - Parrs and Open space) At the public hearing Olaf Ervin., technical support for Bay Ridge Estates LLC, spoke in favor of the subdivision. Mr. Ervin supported the staff report and all of the conditions. Three of the landowners in the subdivision also noted their support of the project. Three neighbors commented at the meeting, bringing up concerns related to wells and protection required around those wells, future connections and maintenance 2 maintenance of the boo foot long boulevard, landscaping and sidewalks that would be installed along Meadows Lane. Ms. Kienas, who owns property immediately south of the site on Meadows Lane, was concerned that her property, a small scale agricultural operation, is becoming quickly surrounded by the city and could not afford to be annexed. The public comment period was concluded following a statement from. Mayre Flowers. Ms. Flowers noted that there are regulations and policies in place to retain existing agricultural uses. The board voted to unanimously recommend approval of R-3 zoning for the property upon annexation. During the board's discussion on the subdivision., the board asked for clarification on a variety of issues related to wells, crater and fire protection, park land, easements, improvements to Meadows Lane and maintenance responsibilities, impact fees, etc. Based on this discussion of the subdivision, the Planning Board revised two conditions. These two conditions, 10 and 39, are provided below as well as reasoning behind the Planning Board's decisions. CONDITION 10. Two hoard members questioned the need for the connection to the north noting that Quarter Morse Estates and the road within that county subdivision was private and it was not likely that a connection would ever occur. While some board members made statements about the importance of providing for future connections, the Planning Board voted 4 to 2 to remove Condition 10 requiring the north connection. ■ r a w r r r �a a a - i ► w r - a ► r; f■ + r r a + r A w- A r w w+ w r w-t r ++ r■ r r w ■ r ■ . r rN-01 11 ■ r w �. w r. r figo w a t i ,. A ■ r * w 40 r W 10 r w r r■ r %WN a VIP ILw ■ w r r■ 7p r w i rw■ + ■ r M w ■ r w a r� r r ,w w r a+ r a i w r w w r r w 5W - r r■nip w A r w A . A - - w - AIL A w i w w r r ■ r■ rr r w w r r rr r■ r N.QlMdkw �r■P i r w w iF r r w w ai t ■-- w r .� i doa& w r A r w w w r rr wi w r r =■ M �r r w r w w"NI r JAw w rr w r 1111111,1111 w w -# w w r■ r !J�m ■ r r r A • w r w ■ k r .r - a V. r■ r ■■ -■ w r ■ r rr r w r M- w w w w / .� w R r i Y w A ai i A w r r r r■ w r- w w w r r w r ■a w a w . A r w• A r A w i t w we r w r r r■ s+M2 9 LAMP 1& 2 r w r w r CONDITION 39, The board also discussed the rationale behind the request for a full city road upgrade on Meadows Lane and maintenance responsibilities of the required infrastructure along that road for property owners not within city limits. In the end, board member Hull suggested the homeowner's association be responsible for maintenance of the boulevard, landscaping and sidewalks along both sides of Meadows Lame from Three Mile Drive to the entrance of the subdivision. The motion was unanimously approved and the condition amended as follows. 39. A homeowner's association for the subdivision shall be created that includes a provision for the maintenance of the common elements of the subdivision, including the bike path, landscaping, common areas along Spring Creek, etc. Note. The homeowner's association shall be re s nsible for the boulevards landscaping and sidewalks that are re aired alona both sides of Meadows Lane from Three Mile Drive to the entrance of the subdivision. (Findm*gs of Fact, Section D - Parks and open Space and project proposal) The Planning Board recommended unanimously the Council consider approving the Bay Ridge Estates subdivision subject to the 42 listed conditions as amended by staff` and the Planning Board. 3 RE OMM EN DATION: A motion to approve an initial zoning of R-3, Urban Single Family Residential, and a motion to approve the preliminary plat for Bay Ridge Estates with the 42 listed conditions as amended would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNA : As suggested by the City Council. Respectfully submitted, C� Nicole C. Johnson Planner II Report compiled January 2, 2008 awes H. Patrick City Manager Attachments: Petitions to Annex & Withdraw From Rural Fire District Transmittal letter Exhibit A -- Conditions of Approval Exhibit B - Bay Ridge Estates Cost of Services Analysis Staff reports KA-o 7 w-0 8, KPP-07 -13 and application materials Draft Minutes 12/ 11 /07 planning board meeting c: Theresa White, Kalispell City Clerk 4 City of Kalispell Planning Department 17 -- 2"d street East, Suite 2 1. 1 Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1 S 5 8 websie: kalispellplanning.corn REPORT TO: Kalispell Mayor and City Council FROIBEP Nicole C. Johnson, Planner 11 SUBJECT: Cost of Services Analysis -Residential Annexation. DATE: January 7, 2008 BACKGROUND;& This is a cost of services analysis based on a request to annex the Bay Ridge Estates subdivision. The 18.8 acre project site is located on the north side of Three Mile Drive at the terrrainus of Meadows bane which may be accessed from Three Mile Drive approximately 1/4 mile west of Stillwater Road. The project site's western boundary is defined by Spring Creek and Quarter Horse Estates abuts the boundary to the north. The properties are addressed 537, 541, 543, and 545 Three Mile Drive and can be legally described as assessor's tracts 1 B, 1. BF , 1BD and 1 BDA located within the S 1 / 2 Section 2, Township 28 North, Range 22 west, P.M.M., Flathead County, Montana. Once annexed to the City, full city services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. The Bay Ridge Estates subdivision proposes to plat 40 Lots intended for single family homes. The four existing homes on the site would be required to pay impact fees for police and fire at the time of annexation. This Cost of Services Analysis has been prepared as a residential annexation for residential land over one-half acre and is only an estimate based on a variety of assumptions. This information does not take into consideration the build. -out time or changes %n methods of assessment and estimated costs associated with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. A complete and accurate calculation will be completed at the time a connection to water and sewer is requested and/or a building permit is applied for as the necessary information would be available at that time. CONCLUSIONS: Cost of services for this annexation is estimated to be $60552. Approximately $72,784 will be generated from assessments and taxes and a one time impact fee for water, sewer, stormwater, police and fire is estimated to be $246,139. Based on these estimated figures, the net revenue to the city would be approximately $12,232. Please refer to Exhibit B for more specific details on the calculations. Respectfully submitted, C' Nicole C. Johnson Planner II Analysis compiled: January 2, 2008 Attachments: Exhibit B - Cost of Services Analysis for Bay Ridge Estates c: Theresa White, Kalispell City Clerk 2 EXHIBIT B - BAY RIDGE ESTATES COST OF SERVVCCES ANALYSIS (RESIDENTIAL LAND OVER 1/2 ACRE) January 2, 2008 PROJECT DETAILS Number. of dwelling units proposed to be annexed: Estimated increase in population: Average square foot per lot. - Assessed value per property. 1. COST of SERVICES Per capita costs based on increase in population: Fire: Police: Administration: Solid Waste: Costs per dwelling unit or Equivalent Residential Unit (ERU): Roads: Water: Sewer: Wastewater Treatment Stormwater: Parks: TOTAL ANTICIPATED COST OF SERVICE 2. ANTICIPATED REVENUE GENERATED 88 $7,161 $9, 145 $2,539 $0 40 $171040 $7, 905 $4, 328 $6, 694 $2,620 $31120 $60,552 Assessments based on average square foot per lot:- 123? 091 Storm sewer assessment: $2,416 Street maintenance assessment: $51373 Urban forestry assessment: $653 Light maintenance assessment: $11451 Sewer and water bill: $17, 896 TOTAL ANTICIPATED REVENUE = $279789 3. TAX REVENUE Assessed value per property: $225, 000 Total assessed value: $9,0001040 Total taxable value: $276, 300 Total additional revenue based on 170 mill levy: $441995 TOTAL ESTIMATED TAX REVENUE = $443995 4. IMPACT FEES Sewer impact fee: $94, 887 Water system impact fee: $861200 Stormwater impact fee $42,588 Police impact fee $11677 Fire impact fee $207787 TOTAL ESTIMATED IMPACT FEE $2461139 40 88 12,091 $225, 000 SUMMARY 5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3)_ $72,784 6. ONE TIME IMPACT FEE PAYMENT TO THE CITY ITEM 4 $2469139 7. NET REVENUE TO THE CITY PER YEAR (ITEM 2 + ITEM 3 w ITEM 5) $121232 City of Kalispell Planning Department 7 - 2' Street East, Suite 211, KalispeV , Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 wehsite: kafispellplanning.corn January 2, 2008 Jaynes H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Bay Ridge Estates, LLC - annexation and initial zoning of R.-3 (Urban Single Family Residential) and preliminary plat request for Bay Ridge Estates subdivision Dear Jim: The Kalispell City Planning Board met on. December 11, 2007 and held a public hearing to consider a request by Bay Ridge Development, LLC for annexation and initial zom*ng of R-3 (Single Family Residential) for 18.88 acres of tract land. There are four existing houses located on the project site addressed 537, 541, 543 and 545 Three Mile Drive. Although the houses are addressed off of Three Mile Drive, the properties are located at the northern end of Meadows Lane, which connects to Three Mile Drive approximately one-fourth mile merest of the intersection of Three Mile Drive and Stillwater Road. The project site is south of Quarter Horse Estates and Spring Creek defines the western, boundary of the property. The owner is also requesting preliminary plat approval for Bay Ridge Estates, a 40-lot subdivision with lots that range in size from 7,000 to 30,000 square feet. The property can be legally described as assessors tracts 1 B, 1 BF, 1 BD, and 1 BDA located within S 1 / 2 of Section 2, Township 28 North, Range 22 'Nest, P.M.M., Flathead County, Montana. Nicole C. Johnson of the Kalispell Planning Department, presented staff report KA-07- 08 and KPP--07--13 recommending the planning board consider approving the initial zoning of R-3, Urban Single Family Residential, and the 40 lot subdivision as proposed subject to the listed conditions in the staff report. Prior to this recommendation, Mrs. Johnson suggested minor amendments to three of the conditions of approval which are listed below. CONDITION 7: The condition was revised to clarify that the county road providing the sole access to the subdivision, Meadows Lane, would be dedication to the city of Kalispell. ?. Meadows Lane from Three Mile Drive to the entrance of the subdivision shall be improved to meet city road standards and includes a curb, gutter, drainage facilities, sidewalks, and landscaped boulevards. Note: To ensure drainage and stormwater issues do not result from the project at the intersection of Meadows Lane and Three Mile Drive, the improvements, including curb, gutter, drainage facilities, etc., shall be extended along the radius onto Three Mile Drive. Meadows Lane shall be dedicated to the City of Kali s 11. (Kalispell Subdivision Regulations, Section 3.09 and Findings of Fact, Section D, Effects on Local Services - Roads) CONDITION 23: After discussion with the City Attorney and the Kalispell Fire Department, the condition was modified to require that the temporary crater source be in place at the time of annexation rather than 14 days following annexation. This amendment ensures the Kalispell Fire Department would be able to serve the property once in the city.(Note: Due to the Planning Board removing Condition l0 %n the staff` report, this condition now appears as Condition 22 in Exhibit A attached.) 23. An all-weather water storage tank shall be provided in a central location on the property (vicinity of Lot 36) holding a minimum of 5,000 gallons of crater ' 14 c nx zQ of prior to annexation of the property being recorded. The water tank shall comply with the International Fire Code (2006) and the design and installation shall be reviewed and approved by the Kalispell Fire Department. (Findings of Fact, Section A -- Fire, Access, on -site Improvements, Section D -- Fire Protection) CONI]MON 26: The developer provided additional information about the common area located along Spring Creek and plans for storm water management to the Kalispell Parks and Recreation. Department. With this new information, both parties agreed that a portion of the common area may be eligible for part of the parr land dedication and the loss of lots 9 and 10 may not be necessary. The amended condition requires adequate park land and is more flexible. (Note: Due to the Planning Board removing Condition 10 in the staff report, this condition now appears as Condition 25 in Exhibit A attached.) 6. Dedicate arkland a cal to one -ninth of the area in lots. The iparkland included in the dedication shall be located In the southwest corner, outside of the adopted flood Rlain boundaries shall not include storm water mane ement facilities and shall be conti ous with the parks in the northeast corner of the Cottage Gardens subdivision and Mountain Vista Estates to the west. No to : Based on approval by the Parrs and Recreation Department the a licant ma o ffe r a reduced land dedication and]provide a cash -in -lieu of land a ent to assist in develo went of the park area. Findings of Fact, Section D - Parks and open Space) 2 At the public hearing Olaf Ervin, technical support for Bay Ridge Estates LLc, spoke in favor of the subdivision. Mr. Ervin supported the staff report and all of the conditions. Three of the landowners in the subdivision also noted there support of the project. Three neighbors also commented at the meeting, bringing up concerns related to wells and protection required around those wells, future connections and maintenance of the boo foot long boulevard, and landscaping and sidewalks that would be installed along Meadows Lane. Ms. Kienas, who owns property immediately south of the site on Meadows Lane, was concerned that her property, a small scale agricultural operation, is becoming quickly surrounded by the city and she could not afford to be annexed. The public comment period was concluded following a statement from Mayre Flowers. Ms. Flowers noted that there are regulations and policies in place to retain existing agricultural uses. The board voted to unanimously recommend approval of R--3 zoning for the property upon annexation.. During the board's discussion on the subdivision, the board asked for clarification on a variety of issues related to wells, water and fire protection, park land, easements, improvements to Meadows Lane and maintenance responsibilities, impact fees, etc. Based on this discussion of the subdivision, the Planning Board revised two conditions. These two conditions, 10 and 39, are provided below as well as reasoning behind the Planning Board's decisions. CONDITION 10. Two hoard members questioned the need for the connection to the north noting that [quarter Horse Estates and the road within that county subdivision was private and it was not likely that a connection would ever occur. while some board members made statements about the importance of providing for future connections, the Panning Board voted 4 to 2 to remove condition 10 requiring the north connection. lh.i..i. ..1. ..i i L+4. i� 14+4 it ■ ' i .4i 1. 1.A..T.1 i� V �f J. i rL w! 4 i ti/ V Y S..L S/ i 4 a • L� i i V v 41J v i i ar i Y Vti w� v a R #. Y Y v a ter tiralti► } CONDMON 39. The board also discussed the rationale behind the request for a full city road upgrade on Meadows Lane and maintenance responsibilities of the required infrastructure along that road for property owners not within city limits. In the end, board member Hull suggested the homeowner's association be responsible for maintenance of the boulevard, landscaping and sidewalks along both sides of Meadows Lane from 'Three Mile Drive to the entrance of the subdivision. The motion was unanimously approved and the condition amended as follows. 39. A homeowner's association for the subdivision shall be created that includes a provision for the maintenance of the common elements of the subdivision, including the bike path, landscaping, common areas along Spring creek, etc. Note: The homeowner's association shall be re s nsible for the boulevards landsca and sidewalks that are required aloLftg both sides of Meadows lane from Three Mile Drive to the entrance of the subdivision. (Findings of Fact, Section D - Parks and Open Space and project proposal) 3 The Planning Board unanimously recommended the Council consider approving the Bay Midge Estates subdivision subject to the 42 listed conditions as amended by staff and the Planning Board. Please schedule this matter for the January 7, 2008 regular Kalispell city council meeting. You may contact this board or Nicole C. Johnson at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell city Planning Board Bryan H. Schutt President Attachments: Exhibit A - Conditions of Approval Exhibit B - Bay Ridge Estates Cost of Services Analysis Staff reports IAA- 07-08 and KPP-07--12 and application materials Draft Minutes 1 2 / 11 / 0 7 planning board meeting c w/ A.tt: Theresa white, Kalispell city Clerk c w/o Att: Bay Ridge Development, LLC P.C. Box 8173 Kalispell, Montana 59904 Montana Mapping Associates, Inc. Attn. Olaf Ervin 1405 Highway 2 west Kalispell, Montana 59901 4 F.xHIBIT A BAY RIDGE ESTATES SUBDIVISION PLAT CONDITIONS OF APPROVAL (AS AMENDED) AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD DECEMBER 11, 2007 The Kalispell city Planning Board recommends to the Kalispell city council that the preliminary plat for Bay Ridge Estates subdivision be approved subject to the following conditions: General Conditions: 1, That the development of the site shall be in substantial compliance with the application submitted, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Note: Flag lot configurations shall not be utilized in the subdivision and no lots shall be surrounded by more than two access roads/ easements. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04) . 3. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the city Stormwater Management Permit the developer shall submit a copy of the State General Construction. Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved city Stormwater Management Permit. (Ordinance 1600 and Findings of Fact Section C) Prior to final plat: 4. The flag lot identified on the preliminary plat as Lot 40 shall be eli.zninated or reconfigured. Lot 27 shall not be surrounded on three sides by roads or easements; a landscaped buffer shall be provided between the lot and the easement to be maintained by the home owner's association. Both lots may be lost if these situations cannot be remedied. (Findings of Fact, Section. H) 3. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. (Kalispell, Design. and Construction Standards, project proposal) 6. Impact fees including, police and fire, shall be paid for lots S, 13, 24, and. 39 at the time of annexation. The remainder of impact fees for the proposed 5 development shall be paid at the time a building permit is issued. (2006 Kalispell Impact Fee policy) 7. Meadows Lane from Three Mile Drive to the entrance of the subdivision shall be improved to meet city road standards and includes a curb, gutter, drainage facilities, sidewalks, and landscaped boulevards. Note: To ensure drainage and stormwater issues do not result from the project at the intersection of Meadows Lane and Three Mile Drive, the improvements, including curb, gutter, drainage facilities, etc., shall be extended along the radius onto Three Mile Drive. Meadows Lane shall be dedicated to the City of Kalispell. (Kalispell Subdivision Regulations, Section 3.09 and Findings of Fact, Section D, Effects on. Local Services Roads) S. A traffic impact analysis shall be completed for the project. The study shall. be reviewed and approved by the Public Works Department and the Montana Department of Transportation and any necessary mitigation completed or adequately bonded for prior to final plat. (Findings of Fact, Section D, Effects on Local Services - Roads) 9. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for the approach onto Three Mile Drive from Meadows Lane. If any improvements are necessary at this intersection, these improvements shall be completed or bonded for to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. (Findings of Fact, Section D - Roads) 10. The 60-foot road and utility easement located between lots S and 9 shall be extended to the southern -most point of the property to allow for a future road connection and dedicated to the City of Kalispell. (Findings of Fact, Section D Roads) l 1. The existing 40-Moot private road and utility easement shall be relocated as approved by the Kalispell Public works Department to better align with the existing driveway serving the tract of land to the northeast of the subdivision identified on the preliminary plat as COS 9759. The easement shah also be widened to 60 feet to better accommodate traffic flow and to allow for future development. The driveway shall be paved from Meadows Lane to the edge of the property boundary. The existing easement location west of Lot 39 would then be abandoned and removed for safety and liability purposes. (Findings of Fact, Section A - Access) 12. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public works Stand a.rd s . The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. Note: Sewer mains and lines shall be located at least 50 feet from any wells on the project site. (Kalispell Design and Construction on Standards) 13 . A detailed plan to screen the lift station within the project site shall be reviewed and approved by the Parks and Recreation Department and Public Works Department as part of the preliminary plat. Screening of the lift station shall include either enclosing the Lift station within a building or the use of fencing and landscaping. (Findings of Fact, Section D - Sewer and Kalispell Subdivision Regulations, Section 3.16) 14. The four existing weds with their associated isolation zones and well head protection easements are required to be shown on the face of the final plat. A note shall also be included on the plat indicating the Flathead City -County Health Department, Montana Department of Environmental Quality and Montana Department of Natural Resources and Conservation Service rules, regulations and policies apply and are required to be complied with. The codes, covenants and restrictions for Bay Ridge Estates shall identify those lots that include a well and/or isolation zone (lots 3- 6, 11-13, 23, 24, 39) and specify the protections required or limitations of activities on the lots. (Findings of Fact, Section D - Water) 15. The wells that are proposed to be abandoned shall be done so following the water well contractor rules administered by the Montana Department of Natural Resources and. Conservation Service. A letter certifying the wells have been abandoned per the aforementioned rules shall be provided prior to final plat. (Findings of Fact, Section D - Water) 16. The existing sewage treatment systems shall be removed or abandoned per the Department of Environmental Quality and Flathead City -County Health Department rules, regulations and policies. Any septic tank or drain field that encroaches upon proposed city right -of --way shall be removed. Written certification shall be provided by the owner that the system has been abandoned or removed in accordance with the conditions above. (Findings of Fact, Section D - Sewer) 17. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Storm water shall be managed using on -site retention./ detention methods as part of an engineered storm water management plan. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards) 18. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion / sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormmwater Discharge Associated With Construction Activities. (Kalispell Design and Construction Standards) 19. The developer will be required to coordinate the common area improvements and storm water management design with the Parks and Recreation and Public Works departments. Review and approval of the plans are required by both 7 departments prior to final plat approval. Findings of Fact, Section C -- Drainage and Section D - Parks and open space) 20. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) 21. Two-thirds of the public infrastructure, including the upgrade of Meadows Lane and construction of the internal subdivision roads, water and sewer line installation, and hydrants, shall be in place prior to final plat. (Findings of Fact, Section A -- Fire, Access, on. -site Improvements, Section D - Fire Protection) 22. An all-weather water storage tank shall be provided in a central location on the property (vicinity of Lot 36) holding a minimum of 5,000 gallons of water prior to annexation of the property being recorded. The water tank shall comply with the International Fire Code (2006) and the design and installation shall be reviewed and approved by the Kalispell Fire Department. (Findings of Fact, Section A -- Fire, Access, on -site Improvements, Section D -- Fire Protection) 23. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3. 2 o, Findings of Fact, Section D) . a. Water mains designed to provide Millimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2006) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. Note: In addition to the hydrants that will be required within the subdivision, the Kalispell Fire Department recommended that fire hydrants be placed along the improved portion of Meadows Lane to Three Mile Drive. The department will review and approve the placement of the hydrants. c. Fire Department access shall be provided in accordance with International. Fire Code (2006) Chapter 5. d. Street nano ng shall be approved by the fire department. e. Addressing shall comply with the International Fire Code (2006) and Kalispell Fire Department Standard Operating Guidelines f. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. 24. A. letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shah be implemented or a Cash 'n lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and. Recreation Department. (Kalispell Subdivision Regulations, Section 3.11) 2 S. Dedicate parkland equal to one -ninth of the area in. lots. The parkland included in the dedication shall be located in the southwest corner, outside of the adopted floodplain boundaries, shall not include storm water management facilities and shall be contiguous with the parks in the northeast corner of the Cottage Gardens subdivision and Mountain vista Estates to the west. Note. Based on approval by the Parks and Recreation Department the applicant may offer a reduced land dedication and provide a cash -in -lieu of land payment to assist in development of the park area. (Findings of Fact, Section D -- Parks and Open Space) 20. A development plan for the parkland shall be reviewed and approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access/path running from the southern border to the north boundary of the project and a mowed path extending to the foot bridge crossing Spring Creek, itriga.tion, landscaping, play equipment, picnic tables, benches, etc. so as to provide a recreational component within the development and not simply left as passive open space. *A homeowners association shall be created for the on -going maintenance of the park and common elements and a copy of the plan shall be provided with the final plat application.* (Kalispell. Subdivision Regulations, Section 8.19 and Findings of Fact, Section D -- Parks and Open Space). 27. The north/ south pedestrian access/path shall be located outside of the floodplain, lot boundaries and to the furthest east of the creek within the common area as possible and absolutely outside of the SD foot natural buffer area. A. floodplain permit shall be obtained for the path that shall extend to the existing footbridge if excavation or fll is required. (Findings of Fact, Section B - Flooding) 28. That a minimum 20--foot easement shall be established as shown on the preliminary plat. The 20-foot easement shall include a paved bike and pedestrian trail, 10-feet wide, comply with AASH"T`O standards for bike and pedestrian paths. The 20-foot easement shall also include landscaping and signing on the east and west end of the property indicating the access as approved by the Parks and Recreation Department. These improvements are to be coordinated and approved by the Kalispell Public works Department and Parks and Recreation. Department. (Findings of Fact, Section D, Parks and Open Space) 29. The 20--foot easement to the common area shall be incorporated within the larger common area of the subdivision and not on individual lots. (Findings of Fact, Section. D, Parks and. Open Space) 30. A park maintenance district shall be formed incorporating all the lots within the Bay Ridge Estates subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city in which case the taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. I- 31. A 100 foot building setback from the centerline of Spring Creek and a 50 foot natural buffer along the creep where no development may occur shall be shown on the final plat. (Findings of Fact, Section. B, Effects on wildlife and wildlife Habitat and Section C - Surface and Groundwater) 32. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." (Findings of Fact, Section D - Roads) 33. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision. Regulations, Section 3.09) 34. All existing and proposed easements shall be indicated on the face of the final plat. This shall include well head protection easements over the four existing wells with their associated isolation zones. Utility easements for city grater and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Subdivision Regulations, Section 3.18) 35. A detailed floodplain study shall be completed and accepted by FE111A determining the base flood elevation for the floodplain area within the subdivision. The final plat shall not be recorded and no significant earth moving within 100 feet of the centerline of the creek shall be allowed until the completion and acceptance of the study area. The newly delineated floodplain shall be staked. The base flood elevation accepted by FEMA shall be indicated on the final plat and no lots shall extend into the newly delineated floodpla in. (Findings of Fact, Section A - Flooding) 36. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery facility shall be offset from the edge of the traveled roadway a minimum of eight feet and at a minimum provide a pullout area for at least two vehicles. The facility may not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22, Findings of Fact, Section D -- Mail Delivery) 37. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)) 0 38. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature (Kalispell Subdivision Regulations, Section 3.18(E)) 39. A homeowners association for the subdivision shall be created that includes a provision for the maintenance of the common elements of the subdivision, including the bike path, landscaping, common areas along Spring Creep, etc. Note: The homeowner's association shall be responsible for the boulevards, landscaping and sidewalks that are required along both sides of Meadows Dane from Three Mile Drive to the entrance of the subdivision. (Findings of Fact, Section D - Parks and open Space and project proposal) n_ goingconditions: 40. All water demands of the development that may be used from the site (surface and ground water rights) shall be transferred to the City of Kalispell to ensure the orderly accounting of grater rights and to protect the future needs of the City of Kalispell for its users. (Findings of Fact, Section E) 41. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 42. All areas disturbed during development shall be re -"vegetated with a geed -free mix immediately after development. II BAY RIDGE ESTATES REQUEST FOR INITIAL ZONING OF R-3, UPON ANNEXATION 1.2 REPORT #KA-07-05 REQUEST FOR BAD"' RIDGE ESTATES SUBDIVISION REPORT #KPP-07-13 KALISPELL PLANNING BGART] FINDINGS DECEMBER 115, 2007 A report to the Kalispell City ' r Council regarding an initial zoning designation of R-3 upon annexation to the city of Kalispell and a subdivision to create 40 residential lots. A public hearing his--���a� v�ras held before the Kalispell City Planning Board for December 11 beginning at 7:00 PM, to consider appropriate zoning for the property to be annexed and the subdivision request. The planning beard recommended changes to the staff report and findings of ........ .. . fact and this report has been amended to include those recommended revisions. A positive recommendation for both the R-3 initial zoning desiation upon annexation into the Cit of Kalispell -and reliminga plat a pproval for the 40--lot subdivision subject to 42 Listed conditions Las -amended) is being forwarded a recom �� E � t- Vol� to the Kahspell City Council for consideration. BACKGROUND INFORMATION This staff report will address both requests, initial zoning and preliminary plat, that the owners are requesting. Each request will be reviewed with a recommendation and a set of conditions at the end of the report beginning on page 2-526. A. Petitioner / Owner: Bay Ridge Development, LLC P.O. Box 8173 Kalispell, Montana 59904 Technical Assistance: Montana Mapping Associates, Inc., Olaf Ervin 1405 Highway 2 West Kalispell, Montana 59901 (406) 752-3539 B. Nature of the Request.- This is a request for annexation and an initial zoning designation of R-3 (Urban Single Family Residential) on approximately 13.3± acres. Preliminary plat approval has also been requested for a 40 lot subdivision on the site. The property is located wrest of Kalispell on the north side of Three Mile Drive at the terminus of Meadows Lane. The project site is south of Quarter Horse Estates and Spring Creep defines the western boundary of the subdivision. This property is zoned in the county AG- 80 and SAG-5 which limit -lots to no less than 80 acres and five acres in size respectively. The applicants are requesting a conventional R- 3 single family residential zone similar to properties to the west, east and south. Some of the primary elements of the project are identified below. The proposed development plats 40 lots with a gross density of 2.12 units per acre. The subdivision includes a row of eight lots on the south boundary of the subdivision with 19 lots situated along the east, north, and west side of the property. An island of 11 lots is located in the center of the subdivision and two lots are planned using a flag lot configuration at the east side of the entrance of the subdivision in the southeast area of the project site. Meadows Lane, a county road, serves as the primary access to the subdivision. As part of the recommended conditions of approval for the subdivision, Meadows Lane would be dedicated to the city and 'unproved to city standards. An internal loop road called Bowser Creek Loop would also be built to full city standards and serves all of the platted lots to the east, north and wrest areas of the subdivision. Bowser Creek Loop ends in a cul-de-sac at the southwestern edge of the property between lots 8 and 9 and there is a half cul-de-sac in the northwest corner of the subdivision serving lots 15 through. 18. Approximately 3.99 acres of common area is located along the western boundary of the project and is identified as a park. The common area includes a floodplain area in which Spring creek is located and covers approximately half the common area. Slopes within the common area vary from near level at four percent to upwards of 22 percent in grade. No plan has been submitted, but the developer mentioned improving the site with a trail, benches, picnic tables, etc. Storm water would also be managed within the common area at the southern end of the site. The developer has proposed to pay cash in lieu of the land for those areas not considered parkland per the criteria outlined in the Kalispell Subdivision Regulations and the Parrs and Recreation Department. A 20 foot wide easement primarily intended for abike/pedestrian path is located along the southern portion of the subdivision providing access to the common area from Meadows Lane. Figure 1. View of the proposed Bay Ridge Estates subdivision looking northwest from Meadows Lane. C. Location and regal Description of Property: The property proposed for annexation, initial zoning, and preliminary plat includes four separate lots. Theses lots are located at the northern end of Meadows Lane which may be accessed via Three Mile Drive. Meadows Lane is approximately one --fourth mile wrest of the intersection of Three Mile Drive and Stillwater Road. The 18.8t acre site is south of Quarter Horse Estates and Spring Creek defines the western boundary of the site. The recently approved Cottage Gardens subdivision is located south west of the site. The property addresses include 537, 541, 543 and 545 Three Mile Drive and the four lots can be described as assessor's tracts 1BDA, 1BD, IB, 1BF located in. Section 2, Township ?8 North, Range ?? West, P. M . M . , Flathead County, Montana. D. Existing Land Use and Zoning: The property proposed for annexation contains four single family residences which would remain on plated lots within the subdivision. Currently, the homes exist on tract land that vary in size from two to 16 acres and are in the county zoning jurisdiction, specifically the west Valley Zoning District. The properties are zoned a mix of AG-80 (Agricultural) and SAG- 5 (Suburban Agricultural) . AG-80 is an agricultural district with an 80 acre minimum lot size that provides a mechanism for clustering based on one dwreling unit per five acres. The SAG-5 zoning district is intended to provide a buffer between urban and unlimited agricultural uses and has a minimum lot size of five acres. A preliminary plat has been concurrently filed with this petition for annexation and initial zoning. E. Adjacent Land Uses and zoning: This property is located in an area that would have been considered generally rural in nature five years ago, but with the recent series of annexations, preliminary plat approvals and the extension of municipal water and sewer passed this site along Three Mile Drive, the region is now considered a transitioning urban area. To the immediate wrest, Mountain vista Estates Phase IV was recently approved for 19 lots on 7.6 acres of land for a density of 2.49 units per acre; phases 1 through. 3 have been approved containing 141 lots on 50 acres for a density of 2.9 units per acre. To the southwest, Cottage Gardens has been approved Containing 30 lots on 10.75 acres for a density of 2.79 units per acre and further Spring Creek Estates has been approved with 174 lots on 53 acres for a density of 3.3 units per acre. Five and 10 acre lots abut the site to the south and north. North: Large tract rural residential, SAG-5 wVo zoning South: Rural residential, County AG-80; Cottage Gardens, city R-3; Spring Creek Estates, City R-3 East: Rural residential, County AG-80 wVO zoning; Blue Heron, City R-2 West: Mountain Vista Estates Phases 1--4 City R-3 and City R-2 / PUD F. Proposed Zoning: The proposed R--3, Urban Single Family Residential zone lists single --family residences as a permitted use and has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 60 feet. Setbacks are 20 feet in the front and rear and five feet on the sides. The 40 lots proposed in the subdivision range in size from 7,000 to 30,0O0 square feet in size and are designed to act as a buffer to some of the larger tract land surrounding the project site. Although, the majority of the lots exceed the minimum lot size requirements in the R-3 zoning district, the lots reflect what would be expected in the area, meet the minimum requirements in the zoning district and are consistent with the single family homes intended for development. It should be noted that lots 3--5, 16, 247 39 and 40 are larger than 14,000 square feet and may be further subdivided given the zoning and subdivision regulations are met. However, further subdivision would not likely be supported due to irregular shaped lots and configuration and access requirements per the Kalispell Subdivision Regulations. Note that new development like this subdivision is not considered an "infill" situation per the Kalispell Subdivision Regulations and as such flag lots would not be appropriate for the site. Figure 2. The aerial photograph below depicts the surrounding subdivisions, zoning, and densities. G. General Land Use Character: The general land use character of this area can be described as primarily agricultural land rapidly transitioning toward residential uses with city annexation and services. surrounding city subdivisions include single family and duplex dwelling units. Five to to acre tracts exist to the north and south and are rural in nature. H. Utilities and Public Services: All available public services and facilities would be provided to these properties at the same level of service as other properties similarly situated in the city limits once the property is annexed into the City of Kalispell. Note: Until water lines are extended and hydrants are in placer a temporary storage tank holding 6,900 gallons of water is proposed in a central location (vicinity of Lot 36) and is necessary to provide the Kalispell Fire Department with grater should a fire occur at one of the four existing homes on the site. Sewer: City of Kalispell Water: City of Kalispell Refuse: Contract hauler available Electricity: Flathead Electric Cooperative Gas: Northwestern Energy Company Telephone: CenturvTel Schools: West Valley School District (grade school) & School District #S, Kalispell (High school) Fire: Kalispell Fire Department Police: Kalispell Police Department I. EVALUATION BASED ON STATUTORY CRITERIA A► The statutory basis for reviewing a change in zoning is set forth by 76- 2-303, 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. and Section 27.30.020, Kalispell Zoning Ordinance. 1. Does the requested zone comply -with the growth policy? The property is designated by the Kalispell Growth Policy future land use map as "Suburban Residential" ` which anticipates residential development with a density of up to four dwellin g units per acre. Because of the provision of public water and surer to the site, the proposed R-3 zoning designation is in compliance with the future land use designation for the area. The R-3 zoning has a nir ' um lot size requirement of 7,000 square feet. The 40 lots proposed range in size from over 7,000 square feet to 30,000 square feet and the subdivision has an overall gross density of 2.12 dwelling units per acre. This density is based on the inclusion of a 3.99 acre common area proposed in conjunction with the subdivision. It is the large extent of the proposed common area that enables the developer to request the R-3 zoning because the proposed common area balances the smaller lot sizes and in turn the higher density permitted under the R-3 zoning district. Further division of the seven lots greater than 14,000 square feet within the subdivision would be unlikely due to lot configurations and legal access requirements. Flag lots may only be applied to "infill" situations, of which this is not. However, should these lots be resubdivided in the future, the R-3 zone and proposed subdivision would still comply with the four unit maximum per acre as directed by the Growth Policy. 2. Is the requested zone desigLied to lessen congestion in the streets? It can be anticipated that the proposed zone change of the property would increase traffic impacts in the area due to the relatively low density of the area currently and the relatively higher density allowed under the proposed R.-3 zoning district. Traffic impacts to the area can be accommodated with the existing roadway systems anal the new internal roads that would be developed as part of the subdivision on the project site. The proposed zoning carries with it the checks and balances, including the need for subdivision re yge%v, which would insure that traffic flours and access are appropriately addressed. The potential densities afforded by this zone would be the subject of a specific transportation analysis as part of the subdivision review process and as such the applicants would be required to mitigate any negative impacts created. 3. Will the requested zone secure safety from firepanic, and other dangers? New construction would be required to be in compliance with the building safety codes of the city which relate to fire and building safety. Once the subdivision infrastructure is in place, adequate public facilities would be available to the site in the case of an emergency. All municipal services including police and fire protection (including hydrants), water and sewer service is available to the area and would be extended as part of the development of this property. There are presently four single family residences on the site that are considered combustible buildings. Hydrants are not available on the site but water would be extended and the hydrants installed prior to final plat. In the interim, prior to the installation of roads, water and fire hydrants, the Kalispell Fire Department is requiring the developer to place a temporary storage tank holding 5,000 gallons of water in a central location on the site (vicinity of Lot 36) to be available at th.e 1 time of annexations f- 'L e site. This would provide the Kalispell Fire Department with water to extinguish a fire should a fire occur at one of the four existing homes on the site before the necessary infrastructure is in. The developer provided a design for a 6,900 gallon all-weather water storage tank. Therefore, the zone would secure safety from fire, panic, and other dangers when annexed shQL en11 m el fte,= into the City of Kalispell. 4. will the requested zone -promote the health and eneral welfare? The requested R-3 zoning classification would promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties and provides a place for new housing in the community. 5. Will the requested zone provide for adequate light -and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided.. 6. will the re!guested zone prevent the overcrowding of land? This area is designated as being within the Kalispell Potential Utility Service Boundary in the Kalispell Growth Policy and is anticipated for urban residential development. Now that public grater and sewer are available, an R-3 zoning designation is appropriate. The anticipated density falls within the proposed R-3 zoning designation. All public services and facilities would be available to serve this subdivision. 11, 7. will the requested zone avoid undue concentration of people? The allowable density for this property would change as a result of annexation. However, future development would be single family in design, the average lot size is 12,500 square feet and the project proposes significant permanent open space. The 2.12 dwelling units per acre of the project conforms to the Growth Policy which directs a maximum density of four dwelling units per gross acre. By limiting the number of dwelling units allowed in this area, the requested zoning can be found to avoid an undue concentration of people in an area that includes a mix of urban and rural development. This project would not pose a negative impact from, undue concentration of people. 3. Will the re uested zone facilitate the adequate provision of trans ortation water sewerage, schools arks and other public requirements? All public services and facilities would be available and may be provided to the property. Development should be encouraged in areas where these services are available. with the proposed subdivision, Meadows Lane would be improved and city roads constructed within the subdivision. Access for fire, police, ambulance and the public would be adequate to accommodate potential impacts associated with the development of this site once the infrastructure is in place. There would be impacts to services that can be anticipated as a result of this proposal which can be met by the city. Presently four single family residents on private wells occupy the site. Upon approval of final plat of the proposed subdivision, roads, water/sewer and hydrants would be in place. However, as all public services and facilities are not currently available, the Kalispell Fire Department is recommending a water storage tank be provided on site temporarily until that infrastructure is in place to ensure services may be provided. 9. Does the reciuested zone 've consideration to the particular suitability of the propeKly for particular uses? The proposed R--3 zoning district is consistent with the surrounding zoning and land uses to the east and west of the site. Larger parcels of land exist to the north -- Quarter Home Estates -- and tract land five acres or more in size to the south that are consistent with a rural agricultural character. However, this area is rapidly transitioning to more urban densities. This land is on the very urban � rural interface, but it can be anticipated that the city would continue to grow in this direction with similar densities in the area. Densities below what is being proposed would not serve the community as a whole considering the level of growth and interest in the type of lots that are being proposed. The site is level and no known environmental hazards exist; the land can accommodate R-3 type development. Therefore, the R-3 zone and densities proposed gives due consideration of the suitability of this property for the permitted uses in the district. 10. Does the requested zonegive reasonable consideration to the character of the district? The general character of the area is moving toward urban sized lots for residential development on city sewer. The proposed zoning allows this development to address needs within the community for housing and support services in reasonable proximity to the city core. Availability of public water and sewer to the area indicate that this type of development would continue to occur on the urban fringes of the community to be developed with similar types of uses as is proposed with this property, i.e. suburban or urban residential rather than rural or agricultural uses. It appears that the proposed zoning gives reasonable consideration to the character of the district. 11. will the -proposed zone conserve the value of buildings? Value of the buildings in the area would be conserved because the zoning would promote compatible and like uses on this property as are found on other properties in the area. 12. will the requested zone encourage the most a ro riate use of the land throughout the munici all ? Urban scale residential development should be encouraged in areas where services and facilities are available such as is being proposed on this parcel. The proposed R-3 zoning is consistent with the future land use designations for the area and surrounding zoning in the area. II. REVIEW AND FINDINGS OF FACT FOR THE PRELMUNARY PLAT OF BAY RIDGE ESTATES This application is reviewed as a major subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: This property and proposed subdivision would be in the service area of the Kalispell Fire Department once annexed to the city. Four homes currently exist on the project site and would remain part of the proposed subdivision. The Kalispell Fire Department is concerned with health and safety of those residents because access to the subdivision does not meet standards and there are no hydrants on the property to provide the department with grater. The 8 Kalispell Fire Department relies almost exclusively on fire hydrants to extinguish fires as the department does not have water tenders. To ensure services could be provided to the site at the time of the Kalispell Fire Department recommended that a 5,000 gallon all- weather crater storage tank be installed in the vicinity of Lot 36- to be available at the time annexation is filed. 4 i. The design and installation of the water storage tank would need to be reviewed and approved by the Kalispell Fire Department. The temporary water system should be removed once the necessary infrastructure is in place. Fire hydrants, a public water system and improved access would all be required to be in place prior to final plat. Note. The developer has provided a 6,900 gallon all-weather water storage tank for the department's review. Overall, the property is considered to be at low risk of fire. The proposed subdivision and new homes would be constructed in compliance with the International Fire Code (2006 Edition) and would have access which meets city standards once constructed. Flooding: A portion of the 18.8± acre property is located within a 100-year floodplain. spring Creek, the watercourse within the floodplain, is a nondelineated floodzone. currently, no development is planned within the floodplain area; rather the developer is proposing to place the creek and adjacent floodplain area within a 3.99 acre common area. There is an existing 10 to 15-foot wide wood foot bridge crossing located within the floodplain which provides pedestrian access to neighboring subdivisions. The bridge would remain and the development does not propose any fill, exaction of modifications to the floodplain. During the city's site Review Committee meeting the status of the floodplain was discussed. The committee recommended that a floodplain study be conducted to determine the extent of the 100--year floodplain on the property prior to final plat approval and any significant earth moving in the vicinity of the floodplain on the site. The committee recommended this condition based on past subdivisions along Three Mile Drive which have had floodplain boundaries significantly impact the buildable area of lots. A detailed floodplain analysis has been completed by Long Engineering for the Cottage Gardens and Mountain Vista Estates Phase IV subdivisions located to the west and south of the property. That study includes the east side of spring Creek -- the area in question for the Bay Ridge Estates subdivision. The base flood elevation at the northern boundary of the subject property is 2980 feet above mean sea level and the base flood elevation at the southern boundary is 2978 feet above mean sea level. Prior to final plat, the study needs to be adopted by the Federal Emergency Management Agency (FEMA) and the boundaries accurately identified on the final plat. No lots should be located within the floodplain as defined by the adopted study. Access: Access to the subdivision is currently provided by Meadows Lane which intersects Three Mile Drive approximately one-fourth mile west of Stillwater Road. Meadows Lane is a narrow county road approximately _'2.0 feet wide within the existing 60-foot right -of --way. The surface is gravel with storm water ditches on either side of the roadway. Both the city and county public works departments recommended the road be improved to accommodate the increased 9 traffic that would be generated by the 40-lot subdivision. The developer has agreed to improve Meadows Lane to city standards within the existing 60--foot right-of-way. An approach permit from the Montana Department of Transportation would also be required along with any necessary improvements at the intersection of Meadows Lane and Three Mile Drive. See Figure 3 below. Internally, Meadows Lane is planned to be extended from its current terminus at the southeast end of the project site to the west towards spring Creek. A northern loop road called Bowser creek Loop also serves the subdivision and includes some cul-de-sac features. Ail M* ternal roads are proposed to be constructed to full city standards and the portion of Meadows Lane that is part of the county road system would be maintained by the city of Kalispell once constructed. A detailed discussion of road designs proposed for the internal streets can be found under section D, Effect on Local services: Roads of this staff report. Figure 3. Looking south along Meadows Lane at the intersection with Three Mile Drive. Ultimately, the project would have one access onto Three Mile Drive from Meadows Vane. The proposal does provide for one future connection location at the south end of the project site, but fails to allow an opportunity to connect to Quarter Horse Estates to the north. A recommended condition of approval also discussed in Section. D, Effect on Local services: Roads, below requires that a bow -foot road and utility easement be added at the north end of the project for approval. o vever. the Planning Board felt the condition wasonero��s as�� lot would be 'Lost and a : ,O nnection to Quarter Horse Lane, a on'va.te road "n a count* su bdivision, was not likely. Condin' ' on '. 0 r emw.�JJICL e remmning tronditionS aver t-.i usted to reflect t ie change in numbering. The proposal also includes a 210-foot wide easement that would include a paved bike path along the southern portion of the site. The bike path would extend west of Bowser Creek Loop and provide connection from Meadows Lane to the common area located on the merest side of the subdivision. The Parks and Recreation Department recommended the access be landscaped and the bike path be :signed at the east d west Pnd of the trayThe bke path t�ho� 10 designed to connect with the sideways along Bowser Creek Loop between lots S and. 9. While no trail is planned within the common area, the Site Review Committee recommended a trail be constructed along spring Creek that would connect the Cottage Gardens subdivision trail at the south end of the project and extend to the northern boundary of the property. Any pedestrian access would be required to be located outside of the floodplain, lot boundaries and within the setbacks outlined by the Montana Fish, Wildlife and Parks Department (discussed in section B. Effects on Wildlife and Wildlife Habitat below). The Public Works Department recommended that the pedestrian access be extended to the existing footbridge that crosses spring Creek to support connectivity. A floodplain permit would be required if an extension of the trail to the existing footbridge involves excavating or use of fill. Note: A 40-foot private road and utility easement currently extends north and arrest from. Meadows Lane to serve five properties. Four property owners are part of the subdivision, leaving one property owner adjacent to the northeast corner of the subdivision that would still require use of the private easement and access onto Meadows Lane. Unfortunately, the proposed extension. of Meadows Lane meets the existing easement within which is a driveway serving the lot outside of the subdivision at an angle that does not meet the city's road design and construction standards and the Kalispell Subdivision Regulations and would be a safety hazard if it remained. As a result, the developer has proposed to provide a new location for the 40-foot road and utility easement to meet these design standards and mitigate the safety hazard. The existing easement would then, be abandoned. On -site Improvements: The City of Kalispell has required past subdivisions to complete a mlr=um of two-thirds of the necessary infrastructure (water,, sewer, roads, etc.) prior to filing the final plat. The city staff recommends this condition on each plat because staff would life to insure that prior to issuing a building permit on a new lot, there is access which meets the fire departments minimum standards as well as water and sewer services. The city has in the past allowed subdivisions to file a final plat and subsequent home construction to begin prior to a majority of the infrastructure installed. Problems have arisen in the past with insufficient crater for fire suppression and/or the lack of critical sewer components such as lift stations as new homes are being occupied. Therefore, in order to mitigate these potential impacts to the public's health and safety, staff is recommending a condition requiring a minimum of two --thirds of the infrastructure be installed prior to final plat. Additionally, because there are four existing homes on the property, the current access is not suitable and services can not be adequately provided, it is recommended that a 5,000 gallon water storage tank meeting the International Fire Code (2006) be placed in a central location, or in the vicinity of Lot 36, to provide water to the department before all the necessary infrastructure is in place. The storage tank would need to be ire. place at she dime �uinexcation-'s filed sand the design of the system shall be reviewed and approved by the Kalispell Fire Department. II For safety purposes, the four private wells on site, regardless of whether they would be abandoned or not, should include well head protection easements and be located on the plat. Notes indicating restrictions near wells and within isolation zones should be placed on the final plat as necessary. The wells to be abandoned should be done so in compliance with the water well contractor rules administered by the Montana Department of Natural Resources and Conservation Service. In addition, the Public works Department indicated that septic systems and drain fields encroaching onto proposed city road right-of- ways be abandoned and removed. Septic systems and drain fields need to be abandoned or removed per Department of Environmental Quality (DEQ) and Flathead City --County Health Department rules, regulations and policies. B. Effects on Wildlife and Wildlife Habitat: Spring Creek defines the western edge of the property boundary. The spring Creek riparian area and floodplain consist of native vegetation and a flowing fresh crater stream which provides habitat to a variety of avian, amphibian and aquatic species. Montana Fish, Wildlife and Parks (FWP) stated in an email dated November 9, 2007 that the concerns and resource issues were the same on the east side of Spring Creek as the west side. Mark Deleray, Fisheries Biologist for FWP, recommended the same building setbacks and riparian buffer widths for this project as Mountain Vista Estates Phase IV to the west. Mr. Deleray referred to his June 28, 2007 email in which he stated that "cumulative negative impacts associated with urban development [on the west side of Kalispell] such as overland runoff, pollutants and storm water drainage threaten the high water quality we all enjoy." Mr. Deleray has indicated that Spring Creek was in need of protection as the stream provides good riparian habitat and noted that there was an existing reproducing trout fishery in Spring Creek. The agency recommended that a minimum. of 100 foot building setbacks be maintained and that the first 50 feet remain a natural riparian buffer consisting of natural vegetation which excludes fertilizers and lawn mooring. He noted that "this protection would help maintain stable stream banks, filter upland pollutants and provide natural habitat." The same recommendation was also made for the Cottage Gardens subdivision to the immediate south of the project site. The 100 foot building setback and 50 foot buffer would be required to be shown on the final plat. Chapter 7, The Natural Environment, of the Kalispell Growth Policy 2020 lists the following Goals and Policies which further support the Department of Fish, Wildlife and Parks recommendations: GOAL 1 ENCOURAGE DEVELOPMENT THAT IS COMPATIBLE WITH OR ENHANCES NATURAL RESOURCE VALUES INCLUDING AIR, WATER, SOIL AND VEGETATION. GOAD 2 DEVELOPMENT NEAR ENVIRONMENTALLY SENSITIVE AREAS SHOULD BE ACCOMPLISHED SO THAT THESE FEATURES ARE LEFT IN A RELATIVELY UNDISTURBED STATE. i? GOAL 6 PROTECT WETLAND AND RIPARIAN AREAS SINCE THEY ARE IMPORTANT IN FLOOD PROTECTION, MAINTAINING WATER QUALITY AND PROVIDING HABITAT. Policy 3 Development in environmentally sensitive areas including 1 oo-year floodplain, wetlands, riparian areas, shallow aquifers and on steep slopes may pose inherent development limitations and design should be managed to avoid and mitigate environmental impacts and natural hazards. Approximately 3.99 acres of common area is located along the western, boundary of the project and is identified as a park. The cor=on area includes a floodpl ir? area in which Spring Creek is located and covers approximately half the common area. Slopes within the common area vary from near level at four percent grade to upwards of 22 percent grades. Storm water would be managed within the common area at the southern end of the site and a bike path is planned that would connect to the Cottage Gardens subdivision path and extend north to the northern project boundary. other improvements would be limited to retain the natural environment and may include a trail, picnic tables} benches, etc. which need to be identified and coordinated with the Parks and Recreation. Department and should be consistent with these recommendations. No lots occur within the recommended setbacks and erosion control measures would be implemented. Any pedestrian access/path should be located outside of the floodplain, lot boundaries and to the furthest east of the creek within the common area as possible and absolutely outside of the 50 foot natural buffer area. In conclusion, the building setback and natural buffer, floodplain delineation and restricted development, natural common area and required best management practices for construction through the city's storm water management program would help reduce inevitable irnpa.cts in the short and long term to wildlife and habitat present in the area. As indicated previously there is a. risk of long term impacts to the stream, habitat and species due to the increased presence of people and overland pollutants and runoff associated with dousing developments. However, the buffer recommended by FWP would reduce these impacts. C. Effects on the Natural. Environment: SurfaceW anal groundwater: This subdivision would be served by public water and sewer thereby mini mizmg any potential impacts to the groundwater. Spring Creek runs along the western portion of the property and as indicated above, FwP recommended a 100 foot building setback from the creek and the first 50 feet be maintained as a riparian buffer comprised of native vegetation with minimal maintenance. FwP recommended the building setbacks to maintain high water quality in Spring Creek and downstream waters. In addition to setbacks for buildings and the buffer area, the developer proposes to collect and manage storm water to mitigate impacts to surface waters. A Depth to water Table map dated March 13, 2006 indicates the water table is 20 to 50 feet below the surface in the western portion of the site along spring Creek outside the floodplain area. The water table for the majority of the project area is greater than 50 feet below the surface. The increase in depth from the surface to the water table generally follows the spring Creek floodplain and depths increase as the topography rises to the east. No special consideration in construction is necessary. It should be noted that there are four existing wells within the subdivision. These wells, with the exception of two in the southeast and northeast corner of the subdivision, would be abandoned per the developer. The well to the north would remain in use by the property owners to the north and the well to the south is shared with the property owner north of Lot 39 which is not part of the city or the subdivision. Well head protection/use easement would be placed over the well areas. Glen. Gray of the Flathead city -County Health Department, noted that wells, regardless of their use, are conduits to the aquifer and protection is necessary to prevent contamination. A 100-foot isolation zone exists around the wells and certain activities are restricted within these areas regardless of whether they are abandoned or not. As such, well head protection easements would be required for the wells and isolation zones and identified on the plat. A note indicating applicable rules, regulations, and policies and restricted activities should also be placed on the final plat. Additionally, the wells that are proposed to be abandoned shall be done so following the water well contractor rules administered by the Montana Department of Natural Resources and Conservation Service (DNRC). Further discussion on this topic is located in Section D, Effects on services: Sewer below. 1J1tirnately, the provision and use of public water and sewer, drainage and storm water management, and protection of wells minimizes potential impacts to surface and groundwater resources. Drainage. The majority of the site is generally level, but the 1 S . 8± acre parcel does slope down to the west towards spring Creek. This western edge of the property is marked by relatively steep banks. Appendix A, Resource and Analysis section, of the 2020 Growth Policy identifies the existence of soils that are classified as wetland and/or hydric within the spring Creek area of the project. However, the areas that would be developed are not within those saturated areas -- no lots would be located within floodplain and appropriate buffers would be maintained. 14 Figure 4. The photograph below on the left identifies the approximate location that storm water would be managed in the southwest corner of the subdivision. The picture on the right shows the steeper grade that exists at the north end of the project area. Curbs and gutters would be installed with the subdivision and an engineered storm drain management plan would have to be developed to address the runoff from the site. There is no city storm drain system in the immediate area and storm water would have to be managed using on -site retention/detention methods as part of an engineered storm water management plan. The proposed drainage facilities should be designed in accordance with the DEQ and City of Kalispell standards and the storm water plan would be required to be reviewed and approved by the Kalispell Public Works Department. The applicant has preliminarily proposed to utilize the southwest corner of the subdivision west of lots 9 and 10 to collect and manage storm water. As this area has been identified as a common area and would connect with the park dedicated to the south in the cottage Gardens subdivision, it is recommended the design be compatible with both storm gaiter management and park uses. The Parks Master Plan recently adopted by the Kalispell city council identifies the need for a neighborhood parr in this area and using a park compatible design would support this goal. The developer would be required to coordinate the common area improvements and storm water management design with the Parks and Recreation and Public Works departments. Review and approval of the plans are required by both departments prior to final plat approval. Additionally, the City of Kalispell recently adopted an ordinance to address erosion control and stormwater pollution prevention. The new ordinance requires a developer to obtain a city stormwater management permit and a State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Starmwater Pollution Prevention Plan (SWPPP) prior to any grading activities on the site. These plans provide for managing stormwater on the site and include stabilizing the construction site through an approved revegetation plan after site grading is finished. Effects on Local services: Water: Water service to the subdivision would be provided by the City of Kalispell and extended up Meadows Lane from a water main that is being installed within the Three Mile Drive right-of-way. The grater system for the 1,; subdivision would be reviewed and approved by the Kalispell Public works Department and the Kalispell Fire Department as part of the development of the subdivision. There is adequate capacity within the city's grater system to accommodate this development. Between now and the time water is extended to the site, a temporary water tank will be provided for the Kalispell Fire Department While all lots are planned to be connected to city water, there are four existing wells on. the 1 S . S± acre project site that have been used for domestic purposes. The wells located on lots 5 and; 12 r are proposed to be abandoned and would be required to be done so following the water well contractor rules administered by the DNRC. The well located on Lot 24 would continue to be used for domestic purposes. An easement is proposed to be placed on this well so the Sharpe family, who own two lots in Quarter Horse Estates to the north, may continue using their well. As indicated above, a 1 oo-foot isolation zone exists around all the wells and certain activities are restricted within those areas. The yells, associated isolation zones, and well head protection easements would be required to be shown on the face of the final plat. A note would also be located on the plat indicating the Flathead City -county Health Department, Montana Department of Environmental Quality and DNRC rules, regulations and policies be complied with. Additionally, the covenants, codes and restrictions (CCRs) for Bay Ridge Estates should identify those lots that include a well and/or isolation zone (lots 3--6, 11--131 23, 24, 39) and specify the protections required or limitations of activities on the lots. In addition the CCRs should include those isolation zones for wells not on the Bav Ridge Estates propertv if anv part of the isolation zone extends over the propertv boundaries. Seger: Sewer service would be provided by the City of Kalispell. The developer proposes to extend the existing sewer mains located within the Three Mile Drive right-of-way up Meadows Lane to serve the subdivision. A condition has been added regarding the location of the interior sewer mains and lines due to the presence of four wells. Glen Gray of the Flathead City -County health Department, noted that wells, regardless of their use, are conduits to the aquifer and protection is necessary to prevent contamination. Severer mains and lines should be located at least 50 feet from any wells on or adjacent to the project site. Design and construction of the mains would be reviewed and approved by the Kalispell Public works Department. There is adequate capacity within the sewage treatment plan to accommodate this development. A lift station is proposed, however, the location is unknown at this time. A detailed plan to screen the lift station within the project site should be reviewed and approved by the Parrs and Recreation Department and Public works Department as part of the preliminary plat. Screening of the lift station should include either enclosing the lift station within a building or the use of fencing and landscaping. The purpose of screening is to minimize the presence of the structure in the residential setting. The existing sewage treatment systems would also be required to be abandoned or removed per the Department of Environmental Quality (DEQ) and Flathead 16 City -County Health Department rules, regulations and policies. Glen Gray, cited 4.11 of the Flathead county sewage Treatment system Regulations in recommending appropriate mitigation for the potential hazard. sewer lines should be disconnected between the building; and septic tank and the tank should be removed from the premises or filled with an inert solid. Certification shall be provided by the owner that the system has been abandoned in accordance with the conditions above. Note: The Public works Depa tmen.t indicated that septic systems and drain fields that encroach onto proposed city road right-of-ways be abandoned and removed. Roads: Traffic projections for this subdivision are estimated to be approximately 280 to 400 additional individual vehicle trips per day based on an estimate of 7 - 10 vehicle trips per residence per day in the area onto Three Mile Drive. The City of Kalispell's standards for Design and Construction requires that a traffic analysis be conducted for developments contributing 300 or more vehicle trips per day to the City street system. A condition of approval has been included in the staff report requiring the developer to complete a traffic analysis for the Bay Midge Estates development prior to final plat and comply with necessary mitigation. In, addition, the developer would be required to obtain an approach permit from the Montana Department of Transportation in order to maintain access to Three Mile Drive. The approach permit would include any improvements needed at the intersection with Three Mile Drive and Meadows Lane. The Flathead County Road and Bridge Department forwarded their concerns about Meadows Lane in a letter dated November 13, 2007. The Department recommended the road be upgraded to county standards to handle the capacity of traffic that would be generated by the 40 lot subdivision. Meadows Lane, the subdivision's main entrance road off of Three Mile Drive, would be unproved to the City of Kalispell's design and construction standards which would include curb, gutter, drainage improvements, sidewalks and landscaped boulevards. This is a requirement outlined 'n the Kalispell subdivision Regulations, section 3.09. At the time the road is completed, the city would take over the maintenance of Meadows Lane. The proposed upgrade to city standards within the 60-foot right -of -moray would exceed Flathead county standards and the road will be dedicated to the city. To ensure, the boulevards. landscaping.and sidewalks are maintained along Meadows Lane along.proloertv not within the City lirnits an amendment was added by the _- planning board that requires the Bay Ride Estates homeowner's association maintain those necessary improvements. Condition. 39 was amended to reflect this addition.. Note-. To ensure drainage, stormwater and access issues do not result from the project at the intersection of Meadows Lane and Three Mile Drive, the improvements, including curb, gutter, drainage facilities, etc., should be extended along the radius onto Three Mile Drive. By doing so, drainage and stormwater would be properly conveyed and a safe pedestrian transition provided for. Meadows Lane would then be extended north and vest towards Lot 11 There it 17 intersects Bowser Creek Loop, an internal loop road that surrounds the north half of the lots in the center of the subdivision. The Public Works Department expressed concern over the alignment of Bowser Creek Loop indicating a 35 mile per hour design was required. Ultimately the plans for the roads would be reviewed and approved by the Department prior to construction and any approval. Bowser Creek Loop ends in a cul-de-sac at the southwestern edge of the property between lots 8 and 9. The Public Works Department recommended the 60 -foot road and utility easement be extended to the southern property boundary to avoid any issues when a connection is needed in the future. A condition has also been added requiring the developer to consider the bike path in the design of the cul-de-sac to maintain the pedestrian access planned to serve the public. Figure S. The map to the right provides the approximate lot lines for both Quarter Horse Estates to the north of the project and the proposed Bay Ridge Estates subdivision. Lot 17 is circled showing a potential location for a 60 foot road and utility easement that may eventually connect Bowser Creek Loop to Quarter Horse Lane. To the north, there is half a cul-de-sac on Bowser Creek Loop abutting lots 15- 18 to provide fire equipment a place to turn around safely. The Site Review Committee determined it was reasonable to assume the property to the north would eventually annex into the city. As such, a condition of approval requires that a 60--foot wide road and utility. easement be reserved and extended to the north in the vicinity of lots 17 or 18 or in an area where the road could feasibly connect to Quarter Horse Lane and avoid existing homes on those lots to the north. This would allow access and connectivity to be possible and provided for at that time. Chapter 10, Transportation, goals 1 and 3, of the Kalispell Growth Policy supports this recommendation and are provided below for your reference. GOAL 1 PROVIDE A COMPREHENSIVE TRAFFIC CIRCULATION SYSTEM THAT SERVES THE- COMBINED NEEDS OF THE COMMUNITY AND THE REGION, AND THAT PROVIDES SAFE, CONVENIENT AND ECONOMICAL ACCESS TO ALL TRANSPORTATION FACILITIES THROUGHOUT THE AREA. 18 GOAL 3 PROVIDE GREATER DIVERSITY IN TRANSPORTATION OPTIONS. Planning for a connection to the north would not only increase the future diversity in transportation options, but also connect transportation facilities throughout the area. More options for motorists have proven to disperse traffic and those transportation connections serve to unite the communities of Kalispell. The provision for future connectivity in the region is imperative in planning for growth and supporting the needs of the Kalispell community. However, the plannmboard felt the condition was onerous because a. lot would be lost for a connection to Quarter Horse Lane a rivate road in a county ,subdivislon that would likely not occur. A vote of 4 to 2 removed Condition 10 requiring this easement reservation. The numbering for the remainincr conditions was corrected. There is an existing 40-foot private road and utility easement that starts at the terminus of Meadows Lane. The easement extends north and turns to the west where the private road ends at the boundary of Tract 1 BF. Five property owners are a party to the none. -exclusive easement and four of them are part of the proposed subdivision, including the upgrades to Meadows Lane and ultimately the 40--foot private access and utility easement. section 3.08(B) of the Kalispell Subdivision Regulations requires the subdivider to provide evidence that the necessary easement has been acquired and that the easement encompasses the nature and intensity of the use that would result from the development. The necessary portions of the easement have been obtained to improve Meadows Lane. The road would be improved to full city standards and would bit� done in a way to allow the owner of the tract of land outside the subdivision located north of the proposed lots 39 and 40 (Mr. Harris) access to his property and general use of the road. A legal opinion from Eric Hummel of Kalvig 8. LeDuc, P.C. was included in the application.. The letter detailed the proposed improvements to Meadows Lane and indicated those improvements to the non --exclusive easement would not unreasonably interfere with Mr. Harris's use of the road leading to his property. The site Review committee identified a potential safety hazard with the intersection angle' of the proposed extension of Meadows Lane and the remaining portion of the existing private road and utility easement. Kalispell's Design and Construction. Standards require that streets intersect at a 90 degree angle for safety purposes. Based on a recommendation from the committee, the developer has proposed a realignment of the 40--foot road and utility easement so the intersection angle meets city standards, eliminating the safety hazard and removing liability to the city. The driveway must be paved from. Meadows Lane to the edge of the property boundary. Due to the potential for Mir. Harris' property to be developed, the 40 -foot road and utility easement should be widened to 60 feet to accommodate a full city road in the future. in Figure 5. A bird's eye view of the proposed alignment of the easement that extends northeast to the property owner adjacent to the subdivision.. The existing easement that should be abandoned where it meets the proposed extension of Meadows Lane is circled below. .. Y _� _........ ...:....... .:.....:......:.:....:.::... . . : .:...:...The preliminary plat shows ��N1fiy. k r ea � y;'. .t:h ��. .......::....::..::..::.:...... reali gned 40- fo of .r .....:.:.:...:.:..:.......:.:. .......:.:...::._':: ;. easement .77 .�. o mnwhen mme aey "T, .. adjac ent to ������ � ��= the southeast . y'y��am�■■ ei {yy{ii,,�yy,//��j�{f d.lt of lot .. ......... ..... ^.. o ��. Ho�rever, the �. �z ,.. o tee -0- �.1t r1 fir. .... ,.., .. .. .. .. ........ .. ...... ....: ....... ..C-. ..... .. 4"... recD mmended the . > ..... ... .... ...... ..... ... .... ...... a .-,.. ._: ..xis r •ii-'�"`r�: ;a��. .. .... .. .. v .. C::.r•.. r......:..:.. •:� .. ...:: r:::. ....� ] .... easement rr, _ c , .. ._.. 1a ed xn the ......:.:.....:.: e , ^ ,.a . Zxi - _ ..; .. theexisting r.]r. location 4 •Y F� - :•:::'-:::� :F . mrim� ...:........: .,.::.......... . dnv w ......... . ...::::::.:.. ..:..:..:..::.. . e a .. .mac. .. ... .. .... .... ...... ..,.......�..:... •.. . .. c . s. . ".. ......�.. .......... ] " aps G; . ,.. .....: .: ......:.�: mac.:; .... ...... ... l e . .... ..... .. � »,_:.....' impact t r -. a � s 'r. r ....... .. y . Haul an a u.. / x :3tl�r':> via c. ize � also t .6 o maintain �:' atn the 1 �r t. ; .. ... , 5. .. .. �....... .. ........ .l. -..�. �=' 3... .. ..1. .�...... .....�.. ... .......�_. .. .... ... ...-.-, - _ of se ara � Drm a x Bowser .. ......:.:: ...:...:.: NON Creek rr ..... �.....:..recommended e o 0 at , ✓..... r.............s.: ... :.......... ... .........:...........:.... �. ,.rr. � <� easement as required J-s•' is F b the Design S and Construction Standards (centerline to centerline). As such, a condition of approval has been added to require the easement immediately west of Lot 40 be relocated to align with the existing driveway. The land would become part of the common area and a landscaped buffer would be maintained between the road and Lot 27. The current easement location needs to be abandoned prior to final plat to eliminate the safety hazard and remove the liability to the city. Overall there would be moderate impacts to Three Mile Drive as a result of this subdivision. 'Three Mile Drive is a paved, two lane state secondary roadway that is in fair condition. In 1997 the daily average vehicle trips east of Stillwater Road was 3,064. At some point, consideration would need to be given to the upgrading and widening of Three Mile Drive as development continues to occur in the area. Impacts to Three Mile Drive are incrementally increasing. However, with no funding currently available for the upgrade of secondary state highways at either the state or local level, no improvements to the Three Mile Drive area are anticipated. Additionally, because there are no development impact fees yet in place assessed by the City of Kalispell, Flathead County or the State of Montana, the impacts to the road would continue to be felt. Typically this would be the responsibility of the state with regard to design, funding and construction. Therefore, the Planning Department is recommending that at a minimum a waiver to protest the creation of a special improvement district for upgrading roads impacted by the development, in this case it would be Three Mile Drive, to city standards has been included as a recommended condition of approval. Schools: This development is within the boundaries of the Kalispell School District #5 (high school) and west Valley School (elementarv). The school districts could anticipate that an additional 20 school aged children might be generated into the districts at full build out. Development along Three Mile -)o Drive Would continue to have a potentially significant impact on the Vilest Valley School District, particularly on a cumulative level with other developments pending in the area. While no response was received from the ]Vest Valley School District, Todd A. Fiske, Superintendent of West Valley School, has relayed concerns for other subdivisions in the area. Mr. Fiske stated in a June 15, 2007 letter for the neighboring Mountain. Vista Estates subdivision that "the school Was nearing overcrowding and as development continues to occur, impact fees should be considered to help offset costs to area schools which are necessary to provide positive and impacting education to area children." The City has several impact fees in place already. However, no impact fees have been established for schools. Pans and open space: State and local subdivision regulations have parkland / open space requirements for major subdivisions in the amount of 11 percent of the combined area of all land to be divided into lots one-half acre and smaller. The area in lots is approximately 11.1 acres creating an average lot size of 12,091 square feet, less than one-half an acre. Eleven percent of the combined area in lots in this situation would require 1.22 acres in park area or cash in lieu equivalent. The developer has proposed a park area approximately 3.99 acres in size along the West edge of the subdivision which is defined by Spring creek. A picture of the proposed park area is shown in Figure 7. However, the Parks and Recreation Department was not initialer supportive of the proposed park primarily because the majority of the land is on relatively steep slopes, Within the fl.00dplain/flood zone of spring creek and would be used for storm water management. After a discussion about parkland, the developer wished to pay cash in lieu of the land dedication for the 1.22 acres or the remainder of what the Parrs and Recreation Department deemed-s acceptable. With the information submitted, the Parks and Recreation Department recommended that lots 9 and 10 be dedicated as parkland citing the need for "Neighborhood Parks" in the Parks Master Plan recently adopted by the Kalispell city council. 10.6 acres are needed to build upon existing neighborhood parks now With a goal of obtaining 44 acres by 2020. By locating the park in the area of lots 9 and 10, there is a greater opportunity to add acreage through future developments to the south thereby supporting the Master Plan. Lots 9 and 10 equal 0.54 of an acre and are . located in the southwest corner of the subdivision and would connect to the parkland reserved in the cottage Gardens subdivision to the south. Because 1.22 acres of parkland is required, the Parks Department recommended cash in lieu of the remaining 0.63 acres and that the money be used to improve the park. A condition of approval has been added requiring the parkland and improvements. Ho ever, because more information was received about the deve?o er's fans for storm water mc-ma eme.,qt in the common area west of lots 9 end 10. Co .cation 26 inow Condition 25-1was amended to ailow some dexiw it T in the amount of lend ace,, e, stable for the parkland dedication w-Id where that land would Ise Iocatcd. �l Figure 7. The photo below identifies the location of the recommended 0.54 acre park area that is currently shown on the preliminary plat as lots 3 and 10. Staff is recommending that the developer provide the Parks and Recreation Department with a plan for the improvements to the park area and install them prior to final plat. something similar to what was required for Cottage Gardens and Mountain Vista Estates would be expected, spring Creek would be kept for the most part in its natural state with minor improvements outside of the floodplain including a trail running from the southern portion of the project to the northern boundary, a mowed walking path extending to the footbridge, picnic tables, benches, etc. All of the park improvements are required to be outside of individual lots, setbacks, and buffer area as recommended by FwP. Access would be provided to the park area with a 20-foot wide easement where a bike/pedestrian path would be located. The bike path runs parallel to the southern boundary of the project site and would connect to Meadows Lane. The Parks and Recreation Department recommended the bike path be signed at both east and west ends of the subdivision to identify the access for the public. The easement should also be landscaped as approved by the Parks and Recreation Department. The bike path should be incorporated into the design of the cul-de-sac between lots 8 and 9 to maintain access to the common area. The proposed trails plan can be found to comply with the following goals listed in the Kalispell Growth Policy, Chapter 3, Parks and Recreation. GOAL 1 PROVIDE A BALANCED DISTRIBUTION AND DIVERSITY OF RE CREATIONAL FACILITIES AND PEDESTRIAN / BICYCLE PATHS THAT PROVIDES ACCESS FOR ALL AGE GROUPS. GOAL 4 ASSURE ADEQUATE AND SAFE ACCESS TO PARKS FROM RESIDENTIAL SUBDIVISIONS. The 20--foot bike path to the common area needs to be incorporated within the larger common area of the subdivision and not on individual lots. Draft covenants, codes and restrictions for Bay Ridge Estates were submitted with the application and include a common area management plan that details provisions for maintenance of the proposed common elements within the subdivision. The homeowner's association would be responsible for the common area and common elements which include the floodplain, park/open space areas, pedestrian path, bike path and landscaping, signs, landscaping, etc. The Parks Department noted that the landscaping plan for boulevards, trees and native vegetation for the common area had not been reviewed or approved for the subdivision and as such, approval from the Parks Department would be required prior to final plat and included as a condition of approval at the preliminary plat stage. The Parrs and Recreation Department is also recommending a parr maintenance district be formed in order to provide funding for the on -going maintenance of the park and open space areas should the city ever take over the maintenance of these areas. However, the park maintenance district would not become effective until such time as any open space or parks are accepted by the city of Kalispell. Police: This subdivision would be in the jurisdiction of the city of Kalispell Police Department once annexed to the city. once infrastructure is in place, the department can adequately provide service to this subdivision. However the cumulative impacts of growth within the city further strains the department's ability to continue to provide the high level of service the department is committed to. Fire Protection: Fare protection services would be provided by the Kalispell Fire Department once annexed to the city, and the subdivision would be required to comply with the International Fire code (2006 Edition) . In addition to the hydrants that would be required within the subdivision, the Kalispell Fire Department recommended that fire hydrants be placed along the improved portion of Meadows Lane to Three Mile Drive. The fire department would review and approve the placement of the hydrants. As mentioned previously, the Kalispell Fire Department is concerned with the availability of crater on the site prior to the installation of infrastructure elements such as water/ sewer, fire hydrants and roads, so their department may provide service to the four existing homes. To remedy the situation, staff is recommending that a 5,000 gallon all -Breather water storage tank meeting the International Fire Code be installed on site in a central location Iry the time the anne;�ation. is ��led r.r, • .Y for the property. The design and installation shall be reviewed and approved by the Kalispell Fire Department. The developer has provided preliminary designs for a 6,900 gallon all --weather crater storage tank. Infrastructure, such as roads, sewer, water and hydrants, need to be in place prior to final plat. The department would also require the addresses to properly identify home locations as the existing homes currently have Three Mile Drive addresses. Once the infrastructure, including the temporary -water tank, is in place and the addressing issue resolved, the department can adequately provide service to this subdivision. Mail Delivery: The preliminary plat identifies the approximate location of mail delivery. The mailbox would be located along Meadows Lane between Lot 27 and Lot 39. Section. 3.22 of the Kalispell Subdivision Regulations provides some general parameters for the mail delivery pullout areas. The section states that the facility should be offset from the edge of the traveled roadway a minimum of eight feet and at a minimum provide a pullout area for at least two vehicles. As the pullout design is not illustrated on the preliminary plat, a condition of approval is included requiring that provision be completed prior to final plat. Solid Waste: Solid waste would be handled by a private contractor for at least the first 5 years and taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate the additional solid waste generated from this subdivision. Per Section 3.16 of the Kalispell Subdivision Regulations, an off-street area for solid waste collection that is aesthetically screened from general public vier should be provided if collection is not the responsibility of the individual lot owner or dwelling unit. Medical services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is close, less than three miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has been traditionally used for very limited agricultural purposes, primarily as horse pasture land. Because of its limited size and the presence of Spring Creek bisecting the property, it has limited agricultural potential. It can be efficiently and effectively used for urban residential development. Its location and its proximity to urban services make this property suited for urban scale development. There would be relatively little impact on agricultural uses within the valley and no impact on agricultural water user facilities since this property would be served by a public water system. The Kalispell Growth Policy, Chapter 5, Land Use: Agriculture, Policy 2 states, "Encourage urban growth into areas which are not environmentally sensitive or productive agricultural lands." Figure 9, Agricultural Soils Classification, of Appendix A, Resource and Analysis section of the Kalispell Growth Policy indicates a small amount of land designated as `prime farmlands of statewide importance" along Spring Creek. The Agricultural Soils Classification reap does not show any other areas adjacent to the project site as either prime farmlands or prime farmlands if irrigated. Therefore, due to the residential development in the area and rather 24 limited productive farmland on the project site, placing the 15.8± acre project site into residential development would not have a significant impact on agriculture in the Flathead valley. The applicant's representative indicated there were not any water rights associated with the properties as part of this annexation, initial zoning and preliminary plat request. However, there are four existing wells on the project site and the property extends to the centerline of Spring Creek. All water demands of the development that may be used from the site (surface and ground water rights) should be transferred to the City of Kalispell to ensure the orderly accounting of water rights and to protect the future needs of the City of Kalispell for its users. F. Relation to the Kalispell Growth Policy: This property is in the Kalispell Growth Policy's potential utility service area and is anticipated for this type of urban scale development at the time of connection to city utilities. The future land use map for the area indicates this area is anticipated to be developed as Suburban Residential. Areas designated as Suburban Residential are anticipated to be served by community crater and sewer and have good access to services and public facilities. This land use designation anticipates a density of up to four dwelling units per acre and the requested R-3 zoning for the site has an overall density of approximately 2.1 2 dwelling units per acre. This subdivision is in compliance with the Kalispell Growth Policy and its goals and policies. G. Compliance with Zoning: This property has been proposed to be zoned R-3, an Urban Single Family Residential zoning district. The proposed lot sizes range from. 7,000 square feet to approximately 30,000 square feet. The lots proposed within the subdivision meet the minimum lot size requirements and any moed lots would need to meet the minimum requirements prior to final plat approval. Note that some of the lots are greater than 14,000 square feet and that there is a potential for further subdivision within the R-3 zoning district. However, the likelihood of this happening is not great due to the irregular lot configurations and subdivision access requirements. H. Compliance with the Kalispell Subdivision Regulations.* This subdivision does not generally deviate from the Kalispell Subdivision Regulations and no variances are being sought. However, there are two lots that do not meet the standards and criteria outlined in the Kalispell Subdivision Regulations. Lot 40, the first lot at the entrance of the subdivision, is a flag lot. Section 3. 06. D states `flag lots shall only be utilized when all other methods of development are unacceptable. Flag lots are to be used in "infill" situations within developed areas and are not considered appropriate in areas of new development." while there is an existing house on the original 1.3 acre parcel, the property is part of a new subdivision. Staff is recommending a condition of approval that would prohibit the flag lot configuration per the aforementioned regulation. '7S Lot 27 is located near the entrance of the subdivision on the northeast side of Meadows Lane and on the east side of Bowser Creek Loop. The plat shows a 40-foot private road and utility easement to the east of the property. This easement would ultimately serve the property to the northeast owned by Mr. Harris and it is logical to assume at some point this property would be developed considering it's proximity to the city boundary and crater and sewer service lines. With this in mind, the Site Review committee was concerned with the potential for Lot 27 to be surrounded on three sides by roads. This type of development is not encouraged and a recommended condition of approval has been added requiring the developer to move the 40--foot road and utility easement to the south so it aligns with Mr. Harris' driveway. Lot 27 may be lost should the situation not be remedied. However, this could be accomplished by moving the easement and providing a landscaped buffer between the road and lot to be maintained by the home owner's association. Note: The conditions of approval have been revised and renumbered to reflect the revisions the Planning Board recommended and are underlined below for your reference . RECOMMENDATIONS I. Staff recommends that the Kalispell City Planning Board and Zoning Cornxnission adopt staff report KA-07-8 and recommend that initial zoning of the 18.8± acre site be R-3 on the zoning district reap for the property. II. staff recommends that the Kalispell city Planning Board and Zoning Commission adopt staff report I PP-07--13 as findings of fact and recommend to the Kalispell city Council that the proposed subdivision, Bay Ridge Estates, be approved subject to the following conditions: CONDITIONS OF APPROVAL General conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Note: Flag lot configurations shall not be utilized in the subdivision and no lots shall be surrounded by more than two access roads/easements. (Kalispell Subdivision Regulations, Appendix C -Final Plat) 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). 2' 6 3. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from. the Kalispell Public works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention. Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and Findings of Fact Section C) Prior to final plat: 4. The flag lot identified on the preliminary plat as Lot 40 shall be eliminated or reconfigured. Lot 27 shall not be surrounded on three sides by roads or easements; a landscaped buffer shall be provided between the lot and the easement to be maintained by the home owner's association. Both lots may be lost if these situations cannot be remedied. (Findings of Fact, section H) 5. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. (Kalispell .Design and Construction standards, project proposal) 6. Impact fees including, police and fire, shall be paid for lots 5, 13, 24, and 39 at the time of annexation. The remainder of impact fees for the proposed development shall be paid at the time a building permit is issued. (2006 Kalispell Impact Fee policy) 7. Meadows Lane from Three Mile Drive to the entrance of the subdivision shall be improved to meet city road standards and includes a curb, gutter, drainage facilities, sidewalks, and landscaped boulevards. .Note: To ensure drainage and stormwater issues do not result from the project at the intersection of Meadows Lane and Three Mile Drive, the improvements, including curb, gutter, drainage facilities, etc., shall be extended along the radius onto Three Mile Drive. Meadows Lane shall be dedicated to the Cite of Kalis 61. (Kalispell Subdivision Regulations, Section 3.09 and Findings of Fact, section D, Effects on Local Services - Roads) S. A traffic impact analysis shall be completed for the project. The study shall be reviewed and approved by the Public works Department and the Montana Department of Transportation and any necessary mitigation completed or adequately bonded for prior to final plat. (Findings of Fact., Section D, Effects on Local services - Roads) 9. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for the approach onto Three NIile Drive from Meadows -2.7 Lane. If any improvements are necessary at this intersection, these improvements shall be completed or bonded for to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. (Findings of Fact, Section D -Roads) i A. 7 f R' ilp R R �r �. r r A • ► ALA rr■ t� ww wit Mr it e ► w At A i r w w r! R r*� R' R i i i r w �! i � w! w w ! w ! w — w1191ININa R r ! 'i1 i iMi /� ► w � � wa wr � ■ w i r • wwA � � w w tir ws w w ' w ' � � IF lip 1111Arw ! w "" w w r• rr r w # .wBill " i w w r• a� Ar w r W a r •r rr A.R � i ► ! � A" R t N i i A• r■ i i ► rr Ai i ! '� ► A M. r ! w 'i ► A M` ► r E A • � � k A �J ► s AL, i � s � ► A i !* � 1r i ALr A A w r wL• ► ALR Aw i r i i i � • w R R rw 4 RR y ! i A A i A! ► AI •r +r r w w MWE Ar ■L► " r r i Ar r r • r w w ! _ r W WEw aw. rr r w • r R A r .Lr w ! s -� 10. The 60-foot road and utility easement located between lots 8 and 9 shall be extended to the southern -most point of the property to allow for a future road connection and dedicated to the City of Kalispell. (Findings of Fact, Section D - Roads) 11. The existing 40-Moot private road and utility easement shall be relocated as approved by the Kalispell Public Works Department to better align with the existing driveway serving the tract of land to the northeast of the subdivision identified on the preliminary plat as COS 9759. The easement shall also be widened to 60 feet to better accommodate traffic flog and to allow for future development. The driveway shall be paved from Meadows Lane to the edge of the property boundary. The existing easement location west of Lot 39 would then be abandoned and removed for safety and liability purposes. (Findings of Fact, Section A -- Access) 13.12. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the grater and sewer mains have been built as designed and approved. Note: Sewer mains and lines shall be located at least 50 feet from any wells on the project site. (Kalispell Design and Construction Standards) -14.13 . ,A. detailed plan to screen the lift station within the project site shall be reviewed and approved by the Parks and Recreation Department and Public works Department as part of the preliminary plat. Screening of the lift station shall include either enclosing the lift station within a building or the use of fencing and landscaping. (Findings of Fact, Section D - Sewer and Kalispell Subdivision. Regulations, Section 3.16) 15-1.4. The four existing wells with their associated isolation zones and well head protection easements are required to be shown on the face of the final plat. A note shall also be included on the plat indicating the Flathead City- county Health Department, Montana Department of Environmental Quality and Montana Department of Natural Resources and Conservation Sercnce rules, regulations and policies apply and are required to be complied with. The codes, �g covenants and restrictions for Bay Ridge Estates shall identify those lots that include a well and/or isolation zone (lots 3-6, 11-13, 23, 24, 39) and specify the protections required or limitations of activities on the lots. (Findings of Fact, Section D -Water) 1 �. The wells that are proposed to be abandoned shall be done so following the water well contractor rules administered by the Montana Department of Natural Resources and Conservation Service. A letter certifying the wells have been abandoned per the aforementioned rules shall be provided prior to final plat. (Findings of Fact, Section D -Water) -� 16. The existing sewage treatment systems shall be removed or abandoned per the Department of Environmental Quality and Flathead City -County Health Department rules, regulations and policies. Any septic tank or drain field that encroaches upon proposed city right-of-way shall be removed. Written certification shall be provided by the owner that the system has been abandoned or removed in accordance with the conditions above. (Findings of Fact, Section D -Sewer). �-�-17. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Storm water shall be managed using on -site retention/detention methods as part of an engineered storm water management plan. Prior to iuzal plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards) �-9-18.The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/ sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 19. The developer will be required to coordinate the common area improvements and storm water management design with the Parks and Recreation and Public Works departments. Review and approval of the plans are required by both departments prior to final plat approval. Findings of Fact, Section C -Drainage and Section D -Parks and Open space) �20. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) -:21. Tutu -thirds of the public infrastructure, including the upgrade of Meadows Lane and construction of the internal subdivision roads, water and surer line installation, and hydrants, shall be in place prior to final plat. (Findings of Fact, Section A - Fire, Access, On -site Improvements, Section D - Fire I'rotection) 23.22. An all --Breather water storage tank shall be provided in a central location on the property (vicinity of Lot 36) holding a ' um. of 5,000 gallons of water . . --clf prior to annexation of the property being-_ __.recorded. The grater tank shall comply with the International Fire . code (2006) and the design and installation shall be reviewed and approved by the Kalispell Fire Department. (Findings of Fact, section A - Fire, Access, On -site Improvements, Section D -- Fire Protection) 23. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell subdivision Regulations, section 3.20; Findings of Fact, section D) . a. water mains designed to provide Mir ' um. fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire code (2006) Appendix B. b. Fire hydrants shall be provided per city specifications at locations approved by this department, prior to combustible construction.. Note: In addition to the hydrants that will be required within the subdivision, the Kalispell Fire Department recommended that fire hydrants be placed along the improved portion of Meadows Lane to Three Mile Drive. The department will review and approve the placement of the hydrants. c. Fire Department access shall be provided in accordance with International Fire code (2006) chapter 5. d. street naming shall be approved by the fire department. e. Addressing shall comply with the International Fire code (2006) and Kalispell Fire Department standard Operating Guidelines f. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with city of Kalispell Ordinance 10-3. 4. A letter shall be obtained from. the Kalispell Parks and Recreation. Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell subdivision Regulations, Section 3.11) eemmen min y w r y ' + , Dedicate parkland_ equal to one -ninth of the area in lots. The parkland included in the dedication shall be located in the southwest corner. outside of the ado ted flood lain bound.a- ies. shall not include storm. water rn.ana ernent facilities and shall be con-tiguaus with the . ..... arks in the northeast corner of the Gotta e Gardens subdivision and Mountain Vista Estates to the west. Note: Based on a roval bar the Parks wad Recreation Department theapphcant may over a reduced land dedication -md rovide a cash--in-Lieu of land )avment. to assist ill deg'-elo anent of the park area, (Findings of Fact, section D -- Parks and Open Space) J0 2n 't.26. A development plan for the parkland shall be reviewed and approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access/path running from the southern border to the north boundary of the project and a mowed path extending to the foot bridge crossing Spring Creek, irrigation, landscaping, play equipment, picnic tables, benches, etc. so as to provide a recreational component within the development and not simply left as passive open space. *A homeowners association shall be created for the on -going maintenance of the park and common elements and a copy of the plan shall be provided with the final plat application.* (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact, Section D - Parks and open Space) . -: 7 . The north/south pedestrian access/path shall be located outside of the floodplain, lot boundaries and to the furthest east of the creek within the common area as possible and absolutely outside of the 50 foot natural buffer area. A floodplain permit shall be obtained for the path that shall extend to the existing footbridge if excavation or fill is required. (Findings of Fact, Section B - Flooding) �-: ? S . That a minimum 20-foot easement shall be established as shown on the preliminary plat. The 20-foot easement shall include a paved bike and pedestrian trail, 1 o-feet wide, comply with AASHTO standards for bike and pedestrian paths. The 20-foot easement shall also include landscaping and signing on the east and west end of the property indicating the access as approved by the Parks and Recreation Department. These improvements are to be coordinated and approved by the Kalispell Public Works Department and Parks and Recreation Department. (Findings of Fact, Section D, Parks and Open space) 3:29. The 20-foot easement to the common area shall be incorporated within the larger common area of the subdivision and not on individual lots. (Findings of Fact, Secti.on. D, Parks and open space) 30. A park maintenance district shall be formed incorporating all the lots within the Bay Ridge Estates subdivision.. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city in which case the taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell city Council. 32-31. A 100 foot building setback from the centerline of Spring Creek and a 50 foot natural buffer along the creek where no development may occur shall be shown on the final plat. (Findings of Fact, Section B, Effects on wildlife and wildlife Habitat and section C -- surface and Groundwater) following note shall be placed on the final plat: `Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." (Findings of Fact, Section D - Roads) 3I 433. The road within the subdivision shah be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09) 34. All existing and proposed easements shall be indicated on the face of the final plat. This shall include well head protection easements over the four existing wells with their associated isolation zones. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Subdivision Regulations, Section 3.18) �-: 35. A detailed floodplain study shall be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. The final plat shall not be recorded and no significant earth moving within 100 feet of the centerline of the creek shall be allowed until the completion and acceptance of the study area. The newly delineated floodplain shall be staked. The base flood elevation accepted by FEMA shall be indicated on the final plat and no lots shall extend into the newly delineated floodplain. (Findings of Fact, Section A - Flooding) 37.36. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery facility shall be offset from the edge of the traveled roadway a um of eight feet and at a um provide a pullout area for at least two vehicles. The facility may not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision. Regulations, Section. 3.22, Findings of Fact, Section D - Mail Delivery) 37. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)) 38. The following statement shall appear on the final plat. "The undersigned hereby grants unto each and every person, f m or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature (Kali.spefl Subdivision Regulations, Section. 3.18(E}) 39. A homeowners association for the subdivision shall be created that includes a 2 provision for the maintenance of the common elements of the subdivision, including the bike path, landscaping, common areas along Spring Creek, etc. Nate: The homeowner's association shall be res onsible for the boulevards, landscaping and sidewalks that are required alongalgag both sides of Meadows Lane from Three Mile give to the entra ace of the subdivision. (FM*dings of Fact, Section D - Parks and Open Space and project proposal) On going conditions: 40. All water demands of the development that may be used from the site (surface and ground water rights) shall be transferred to the City of Kalispell to ensure the orderly accounting of water rights and to protect the future needs of the City of Kalispell for its users. (Findings of Fact, Section E) 41.All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 2. All areas disturbed during development shall be re -vegetated with aweed-free mix immediately after development. BYLAWS OF BAY RIDGE ESTATES HOMEOWNERS ASSOCIATION A MUTUAL BENEFIT NON-PROFIT CORPORATION THESE BYLAWS ARE SUBJECT TO ARBITRATION UNDER THE MONTANA UNIFORM ARBITRATION ACT. ARTICLE I. OFFICES Section I.1 Business Office The corporation's principal office shall be located either within or outside of Montana. The corporation's most current Annual Report, wed with the Fontana. Secretary of State, shall identify the location of the principal office. The corporation may have other offices, either within or outside of Montana. The board of directors may designate the location of these other offices. The secretary of the corporation shall maintain a copy of the records required by section 2.19 of Article R at the principal. office. Section 1.2 Registered Office The corporation's registered office shall be located within Fontana at the address of the corporation's registered agent. The location of the registered office may be, but weed not be, identical with that of the principal office if the utter is located within Fontana. The board of directors or a majority of the members may change the registered agent and the address of the registered office from time to time, upon filing the appropriate statement with the Secretary of State. ARTICLE II. MEMBERSHIP Section 2.1 Membership (a) Memb. Membership in the corporation may be held by an individual, a group of household members, a corporation, or other entity, and is limited to the owner(s) of a lot in. Bay Ridge Estates. if membership is held by a household, corporation or other entity, the entity or group shall be considered one member. Each member (subject to the provisions of section � .9) shall be entitled to one vote on any business matter which shall lawfully come before the members. if a membership stands of record in the names of two or more persons, them thevote of one name shall bind all other narnes on that one membership. Each member shall be eligible for benefits that the board of directors shall determine from time to time. (b) Nlenlbers pp Admission. The corporation may not admit a member to the corporation without that member's consent. To be initially admitted as a member of the corporation, the applicant must request membership. Each member shall. (1) become a lot owner in Bay Ridge Estates. (2) make a payment of annual dyes, if so required by the board of directors. Where the board required annual dues, membership shall last for the fiscal year in which annual dues are paid by the member. After the initial application, a member may extend membership for i year periods, without reapplication, by payment of annual dues, if the corporation required dues. (c) Nondiscri m' ation. Membership in the corporation shall be available without regard to race, color, creed, religion, sex, age, marital status, physical or mental handicap or national origin, or ancestry. (d) Membership Rights and Obliations` All members have the same rights, privileges, and obligations. (e) Nontrmsferability of Membership. Membership Mn this corporation is nontransferable and nonassignable except in the case of transfer of ownership of the parcel qualifying for membership and subject to the consent each such new owner or assignee. (f) Termination of Members. The corporation may suspend or terminate a member from the corporation if the board of directors has made a good faith determination that it is in the best interests of the corporation to do so. In addition, the corporation may only suspend or terminate a member from the corporation pursuant to the following procedure, which. shall be carried out in. good faith. The procedure provides: (1) the corporation must, by first class mail, give the member written notice of the suspension or termination not less than 15 days prior to the effective date of the proposed action and an explanation of the reasons for it; and (2) an opportunity for the member to be heard, orally or in writing, not less than S days before the effective date of the suspension or termination by a person or persons authorized to decide that the proposed suspension or termination not occur; or (3) the board of directors may conduct the hearing, or in its sole discretion, may allow a committee of the board of directors or a committee of members, to hold the hearing and mare the determination. Notwithstanding the above provisions, the corporation shall consider a membership terminated. if: (1 ) the board of directors has established annual dues in accordance with section 2.2 and the member fails to make the payment of annual dues or (2) the board has established specific terms for membership. W Term and iration of Membership. The board of directors may establish a membership term. lfthe board of directors establishes a term, membership shall last until the term expires, regardless of whether the board of directors determines a term, membership shall expire before the end of the terra if the member has been suspended or terminated in accordance with section ? . I (e), or when the member resigns or dies. Section 2.2 Dues The board of directors may determine that annual membership dues shall be paid by each member. The board of directors may establish a different amount of dues to be paid by different types of membership (i.e. individual, corporation, household); however, regardless of amount of dues paid by a member, each member shall only be entitled to one vote. If dues are required, the hoard of directors may terminate members for non --payment of annual -membership dues. The board may (but is not required to) notify members of nonpayment of dues and may provide a grace period in which to pay dues. Section 2.3 Annual Membership Meeting (a) General. The members shall convene their annual meeting on the first day of week of July, beginning with the year *, at the hour of 9 o'clock a.m., or at another time on another day within the month that the board of directors agree upon. At the annual meeting, the members shall elect directors and transact any other business as may come before the meeting. If the date of the annual meeting is a legal holiday in Montana, the meeting shall be held on the next succeeding business day. (b) Conference Telephone. Members may hold annual meetings by conference telephone, if the corporation has fifty or fewer members, the board of directors authorizes a conference telephone meeting, and the meeting is convened in accordance with section 2.5. Section 2.4 Special Membership Meetings (a) Who Mu Calla The president, secretary, board of directors, or 5% of the members may call a special membership meeting for any purpose or purposes described in the meeting notice. if 5% of members request a special meeting, they must do so in writing, and sign, date, and deliver the demand to any corporate offi c er at least 10 days before the corporation must give notice of the meeting; the president shall then call the special meeting on these members' behalf_ For purposes of determining whether the members have met the 5% requirement, the record date is at the close of business on the 30th day before delivery of the demand or demands for a special meeting to any corporate officer. (b) Conference Telohone.Members may hold special meetings by conference telephone, if the corporation has fifty or fewer members, the board of directors authorizes a conference telephone meeting, and the meeting is convened in accordance with section 2.5. Section Z.5 Membership Meetings by Conference 'telephone Members of the corporation may participate in a membership meeting, if authorized by the board of directors, by means of a conference telephone or similar communications equipment, provided all persons entitled to participate in the meeting received proper notice of the telephone meeting (see section 2.7), and provided all persons participating in the meeting can hear each other at the same time. A member participating in a conference telephone meeting is deemed present in person at the meeting. The chairperson of the meeting may establish reasonable rules as to conducting business at any meeting by phone. Section 2.6 Place of Membership Meeting The board of directors may designate any place within the county in Montana where the principal office is located as the meeting place for any annual or special meeting of the members. The members may change the meeting place if all the members entitled to vote at the meeting agree by written consents to another location. The written consents may be in the form of waiver of notice or otherwise. The new location may be either within or outside the State of Montana. if the board of directors do not designate a meeting place, then the members shall meet at the prmcipat office of the corporation in Montana. Section 2.7 Notice of Membership Meeting (a) &Auired_Notic_e. The secretary of the corporation shall deliver notice of the membership meeting to each record member. (b) Manner of Communication. _The secretary of the corporation may deliver to members notice of the membership meeting by a separate written notice, through a regular publication, or by a newsletter of the corporation. The notice must be given in a fair and reasonable manner: it must be in writing (unless given by public broadcast) and state the place, day and hour of any annual or special membership meeting. if the meeting will be held by conference telephone, the notice shall indicate the proper telephone number. If the board of directors determine that separate written notice or notice by a regular publication or a newsletter of the membership meeting is impracticable, the secretary of the corporation may give notice of the membership meeting by means of a newspaper of general circulation in the area where it is published, or by radio, television or other form of public broadcast. (c) Effective Date. The secretary shall deliver the notice, either personally, by mail, by newspaper, or public broadcast not less than 10 nor more than 60 clays before the date of the meeting. Notice shall be deemed to be effective at the earlier of the following: (l) the date when the notice was deposited in the Loted States mail, if mailed postpaid and correctly addressed to the member at the member's address as it appears on the corporation's record books; or (2) the date shown on the return receipt (if sent registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee); or (3) the date when received, published, or broadcast; or (4) the date 5 days after deposit in the Loted States mail, if mailed postpaid and correctly addressed to an address other than that shown in the corporation's current member record book. (d) Ad' ourned Meetin . if the members adjourned any membership meeting to a different date, time or place, the secretary need not give notice to the new date, time and place, if the new date, time and place is announced at the meeting before adjournment. But if the hoard of directors fix a new record date for the adjourned meeting, or must fix one, (see section 2.9 of Article 11) then the secretary must give notice, in accordance with the requirements of paragraph (b) and (c) of this section, to those persons who are members as of the new record date. (e) Waiver of Notice. A member entitled to a notice may waive notice of the meeting (or any notice required by the Montana Nonprofit Corporation Act or bylaws), by a writing signed by the member. The member must send the notice of waiver to the corporation (either before or after the date and time stated in the notice) for inclusion in the mutes or filing with the corporate records. A member" s attendance at a meeting: (1) waives the member's right to object to lack of notice or defective notice of the meeting, unless the member at the beginning of the meeting objects to holding the meeting or. transacting business at the meeting. (2) waives the member's right to object to consideration of a particular matter at the meeting that is not within the purpose or purposes described in the meeting notice, unless the member objects to considering the matter when it is presented. (f) Contents of Notice. unless the Montana Nonprofit Corporation Act requires it, the notice of an annual membership meeting need not include a description of the meeting's purpose or purposes. However, the notice of each special membership meeting shall include a description of the meeting's purpose or purposes. Regardless of whether the notice is of an annual or special membership meeting, if a purpose of the meeting is for the members to consider either: (1) a proposed amendment to the articles of incorporation (including any restated articles requiring member approval); (2) a plan of merger; (3) the sale, lease, exchange or other disposition of all, or substantially all of the corporation's property; (4) the dissolution of the corporation; or ( 5 ) the removal of a director, then the notice must state this purpose and be accompanied by a copy or summary, if applicable, of the: (1) amendment to articles; (2 ) plan of merger; or (3 ) transaction for disposition of all the corporation's property. Likewise, if the corporation indemnifies or advances expenses to a director as defined by the Montana Nonprofit Corporation Act the secretary shall report this information in writing to all the members wwith or before notice of the next membership meeting. Section 2.8 Conduct of Membership Meetings (a) Conduct of Meetin The president, or in the president's absence, the vice- president, or in their absence, any person chosen by the members present shall call the membership meeting to order and shall act as the chairperson of the meeting. The chairperson (or a person designated by the chairperson) shall establish rules of the meeting that will freely facilitate debate and decision -making. The chairperson will indicate who may speak when and when a vote will be taken. The secretary of the corporation shall act as the secretary of all meetings of the members, but in the secretary's absence the presiding officer may appoint any other person to act as the secretary of the meeting. (b) Order of Business_ The order of business at a membership meeting shall be as follows: ( 1 ) call to order, (2) reading of prior minutes, (3) election of directors, if that is the purpose of the meeting, (4) business specified by the notice, (5) unfinished business, (6) new business, (7) adjournment. At the annual meeting, the president and treasurer shall report on the activities and financial condition of the corporation. Section 2.9 Fixing of Record Date (a) Purpose of Fixing a Record hate. The board of directors may fix in advance a date, referred to as the record date, for the purpose of determining which members of any voting group, as of a certain date, are entitled to receive notice of a member meeting. The board of directors may also fix this record date for the purpose of determining which members of any voting group are entitled to vote at any meeting of members. The beard may also fix a record date to determine which members may exercise any rights or which members belong in a group for any tither proper purpose. The record date shall not be more than 70 days prior to the date on which the particular action, requiring a determination of members, is to be taken. (c) If No Record Bate Is Fixed. If the board of directors does not fix a record date for the purposes described in paragraph (a) of this section, then the record date for deterznin.ation of the members shall be at the close of business on one of the following: ( 1 ) With respect to an annual membership meeting or any special :membership meeting properly called by the board or president, the day preceding the clay on which the secretary of the corporation delivers the first notice to the members; (2) With respect to a special membership meeting demanded by the members, the date the first member signs the demand; (3 ) with respect to actions taken without a meeting (pursuant to Article H, section 2.16), the date the first member signs a consent; (4) With respect to a meeting for which notice was waived, the day preceding the day on which the meeting is held. (d) Adiaumment. in the event of an adjournment, the board of directors may fix a new record date. The board of directors Faust fix a new record date if the meeting is adjournment to a date more than 70 days after the date fixed for the original meeting. Section 2.10 Membership List (a) Contents of List. After the board fixes a record date for notice of a meeting, the officer or agent maintaining the corporation's record books shall prepare a complete record of the members entitled to -notice of the meeting. The record shall include the address of each member. (b)Inspection. The membership list must be available for inspection by any member, beginning 2 business days after the secretary gives notice of the meeting for which the list was prepared. The list will continue to be available throughout the meeting. The list shall be located for inspection at the corporation's principal office or at a place identified in the meeting notice in the city where the meeting is to be held. A member, the member" s agent, or attorney is entitled on written demand to inspect and, subject to the requirements of section 2.19 of Article 11, to copy the list during regular business hours. The member shall be responsible for any reasonable inspection and copying expenses. The corporation shall maintain the membership list in written form or in another form capable of conversion into written form within a reasonable tune. (c) Limitations on Use of Membership List. Without consent of the board, a membership list: or any part of it may not be obtained or used by a person for any purpose unrelated to a member's interest as a member. This prohibition against use of membership list for unrelated purposes includes but is not limited to: (1) using the list to solicit money or property unless the money or property will be used solely to solicit the votes of members in an election to be held by the corporation; (2) using the list for any commercial purpose; or (3) the selling or purchasing of the list. Section 2.11 ,Membership Quorum and Voting Requirements (aQuorum. Fitly percent (54°Io) if the votes entitled to be cast on a matter must be represented at a meeting of members to constitute a quorum on. that matter. once a vote is represented for any purpose at a meeting, the corporation shall deem it present for quorum purposes for the remainder of the meeting and for any adjournment of the meeting unless a new record date isf or must be set for that adjourned meeting. (b) Voting*If a quorum exists, and the votes cast in favor of an action (other than the election of directors) constitutes a 213rds of the required quorum, then the corporation shall consider the action on a matter approved. Section 2.12 Membership Action By 'Written Ballot (a) Authori . Members may take any action without a meeting if action by ballot is authorized by the board of directors and the corporation delivers a written ballot to every member entitled to vote on that matter. (b) Contents. A written ballot must set forth each proposed action and provide the members with an opportunity to vote for or against each proposed action. (c) Approval. The corporation shall consider an action by written ballot approved only when: the number of votes cast by ballot equals or exceeds the quorum that the bylaws require to be present at a meeting authorizing the action; and the number of approvals equals or exceeds the number of votes that the bylaws require to approve the smatter at a meeting. (d) Solicitation. All solicitations made in advance of the meeting for votes by written ballot must: indicate the number of responses needed to meet the quorum requirements, state the percentage of approvals necessary to approve each matter other than election of directors, and specify the time by which a ballot must be received by the corporation to be counted. (e) Revocation. A written ballot may not be revoked. Section 2.13 Proxies At all membership meetings, a member may vote in person, or by proxy. The member may appoint a proxy to vote by signing an appointment form, either personally or by attorney -in -fact. The corporation shall consider a proxy appointment valid if made in writing and filed with the secretary of the corporation before or at the time of the meeting. No proxy shall be valid after 1 l months from the date it was made, unless otherwise provided in the proxy. Section 2.14 'doting of Membership Each member subject to the provisions of section 2.9) is entitled to one vote on each matter voted on by the members. if a membership stands of record in the names of two or more persons, then the vote of one name shall bind all names on that one membership. Unless otherwise stated in these bylaws, when members vote to take action on a matter, a majority vote shall carry. Section 2.15 Corporation's Acceptance of votes (a) When Signature Corresponds to a Member's Name. If the name signed on a vote, ballot, consent, waiver, or proxy appointment corresponds to the name of a member, the corporation if acting in good faith is entitled to accept the vote, consent, waiver, or proxy appointment and give it effect as the act of the member. (b) When Si afore Doesn't Corres onds to a Member's Marne. if the name signed on a vote, ballot, consent, waiver, or proxy appointment doesn't correspond to the name of a member, the corporation if acting in good faith is nevertheless entitled to accept the vote, consent, waiver, or proxy appointment and give it effect as the act of the member if: (1) the member is an entity as defined in the Montana Nonprofit Corporation Act and the name signed purports to be that of an attorney - in -fact of the member and, if the corporation requests, evidence acceptable to the corporations of the signatory's authority to sign for the member has been presented with respect to the vote, consent, waiver, or proxy appointment; (2) the name signed purports to be that of an attorney -in -fact of the member and, if the corporation requests, evidence acceptable to the corporation of the signatory's authority to sign for the member has been presented with respect to the vote, consent, waiver, or proxy appointment; (3) two or more persons hold the membership as households, co -tenants or fiduciaries, and: (i) the name signed purports to be the name of at least one of the co -holders; and (ii) the person signing appears to be acting on behalf of all the co - holders; (iii) (c) Doubt About Validity of Signature. The corporation is entitled to reject a vote, ballot, consent, waiver, or proxy appointment if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on it or about the signatory's authority to sign for the member. (d) No Liabilir. The corporation and its officer or agent who accepts or rejects a vote, ballot, consent, waiver, or proxy appointment in good faith and in accordance with the standards of this section are not liable in damages to the member for the consequences of the acceptance or rejection. Section 2.16 Informal Action by Members The members may act on any matter generally required or permitted at a membership meeting, without actually meeting, if 80% of the members entitled to vote on the subject matter sign one or more written consent(s) to the action; the members must deliver the consent(s) to the corporation for inclusion in the minute book. Section 2.17 Members Electing directors (a) Board Determination ofMethod. The board of directors shall determine whether the board shall be elected at a meeting, by ballot (pursuant to section 2.12) or by informal action (pursuant to section 2.1.6). (b) Nominating Committee. A nominating committee appointed by the board shah exist for election by meeting and election by ballot. The committee shall call a meeting to nominate candidates for directors' positions. This meeting shall be held at least 5 days in advance of the membership meeting in which members will elect directors or, in the event of the use of a ballot, at least 5 days before the ballot is sent to members. In the event of an election by meeting, any person who is nominated by the committee shall be considered a nominee for a director position. Nominations shall also be received from the floor. In the event of an election by ballot, the names on the ballot will include those selected by the nominating committee and those names placed in nomination by members signing petitions to place an individual's name on the ballot. The board need not place an individual nominated by petition on the ballot, unless the individual receives 5% or more of the signatures of the members. (c) Election.. Ballot. If the members choose to elect directors by written ballot, they shall ensure that the nominating committee sends out the ballot not more than 60 days and no less than 15 days before the election.. Each ballot shall list the nominees chosen in accordance with subsection (b) of this section 2.17. In addition, each ballot shall include the number of lines for "write-in" candidates equal to the number of directors to be elected. The election by ballot shall be conducted in accordance to section 2.12 of these bylaws. (d) Determination of Winners of Election. Those nominees elected to the board shall be those nominees receiving the largest number of votes. For example, if three board positions are open, the three receiving the highest number of votes will be elected. Cumulative voting is not authorized. Section 2.18 Corporate Records (a) Minutes and Acco!A � Records. The corporation shall keep a permanent record of the minutes of all meetings of its members and board of directors, a record of all actions taken by the members or board of directors without a meeting, and a record of all actions taken by a committee of the board of directors acting in place of the board and on behalf of the corporation. The corporation shall maintain appropriate accounting records. (b) Membership List. The corporation shall maintain a record of the members' names and addresses. The membership list shall indicate each member is entitled to one vote. (c) Form. The corporation shall maintain its records in written form or in another form capable of conversion into written form with a reasonable time. (d) Other Records. The corporation shall keep a copy of the following records at its principal office or at a location from which the records may be recovered within 2 business days: (1) its articles or restated articles of incorporation and all amendments to them currently in effect; (2) its bylaws or restated bylaws and all amendments to them currently in effect; (3) resolutions adopted by its board of directors; (4) the minutes of all membership meetings, and records of all actions taken by members without a meeting, for the past 3 years; (5) the financial statement furnished for the past 3 years to the members; (6) a list of the names and business addresses of its current directors and officers; and., (7) its most recent annual report delivered to the Secretary of State. Section 2.19 Mem ber's Rights to Inspect Corporate Records (a) Absolute Inns ection Ri is of Records by Members. A member (or a members' agent or attorney) is entitled to inspect and copy, at a reasonable time and location specified by the corporation, any of the records of the corporation described in section 2.1 8(d)(047). The member must give the corporation written notice or a written demand to inspect at least 5 days before the date on which the member wishes to inspect and copy. (b) Conditional Inspection t. The member (or the member's agent or attorney) may inspect and copy, at a reasonable location specified by the corporation, additional records (listed in section 2.19(c)) if the member meets the following criteria. (1) the member must give the corporation a written demand to inspect made in good faith and for a proper purpose at least 5 business days before the date on which the member wishes to inspect and copy; and (?} the member must describe with reasonable particularity: (i) the member's purpose and (ii) the records that the member desires to inspect; and (3) the corporation must approve that the records are directly connected with the member's purpose. (c) Additional Records. If the member meets the requirements of section 2.19(b), the member may inspect and copy: (1 ) excerpts from minutes of any meeting of the board of directors, records of any action of a committee of the board of directors acting on behalf of the corporation, minutes of any meeting of the members, and records of action taken by the members without a meeting, to the extent not subject to inspection under paragraph (a) of section 2.18; (2) accounting records of the corporation; and (3) subject to provisions of section 2.1o(c), the membership list. (d) Copy Costs. The right to copy includes the right to photograph, xerox, or copy by other reasonable means. The corporation may impose a reasonable charge, covering the costs of labor and material, for copies of any documents provided to the member. The charge may not exceed the estimated cast of production or reproduction of the records. ARTICLE III. BOARD of DIRECTORS Section 3.1 General Powers All corporate powers shall be exercised by or under the authority of the board of directors. The business and affairs of the corporation shall be managed under the direction of the board of directors, and includes, but is not limited to the following. (a) to administer and enforce the covenants, conditions, restrictions, easements, uses, limitations, obligations, and all other provisions set forth in the Declaration. (b) To establish, make, amend from time to time, and enforce compliance with such reasonable rules and regulations as may be necessary for the operation, use, and occupancy of the Lots and Common Elements, subject to the provisions of the Declaration. A copy of such rules and regulations will be delivered or mailed to each Member promptly after adoption. (c) To keep in good order, condition, and repair all the common elements and all. items of personal property, if any, used in the enjoyment of the Common Elements. No approval of the Members is required for expenditures for these purposes, except as otherwise required by the Declaration or these By - Laws. (d) To fix, determine, levy, and collect the prorated Annual Assessments to be paid by each of the Members towards the gross expenses of the common elements, and to adjust, decrease, or increase the amount of the Assessments, and to credit any access of Assessments over expenses and cash reserves to the Members against the next succeeding Assessment period. (e) To levy and collect Special Assessments whenever, in the opinion of the Board, it is necessary to do so in order to meet increased operating or maintenance expenses or costs, or additional capital expenses, or because of emergencies. All Special Assessments will be in statement form and will set forth in detail the various expenses for which the Special Assessments are being made. (f) To levy and collection Default Assessment for violation. of the Association Documents or because the Association has incurred an expense on 'behalf of a Member under the Association Documents. (g) To collect delinquent assessments by lien, suit or otherwise and to enjoin or seek damages from an Owner as provided in the Declaration and these By - Laws; and to exercise other remedies for delinquent Assessments as set forth in the Declaration. (h) To borrow funds in order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions of the Declaration and these By -Laws and to authorize the appropriate officers to execute all such instruments evidencing such indebtedness as the Board of Directors may deem -necessary. (i) To enter into contracts within the scope of their duties and powers. () To establish a bank account for the operating account of the Association for all separate funds as required or deemed advisable by the Board of Directors. (k) To cause to be kept and maintained full and accurate books and records showing all of the receipts, expenses, or disbursements and to permit examination thereof by Members or their Mortgagees at convenient weekday business hours. (I) To cause any and all access roads, parking areas, and roadways within and across the Property to be maintained t the extent those facilities are within the jurisdictions or control of the Association, subject to the provisions of the Declaration. (m) To cause the maintenance of the lawn, trees, shrubs, and other vegetation, and any sprinkler or other irrigation systems located on the Common Elements for the benefit of the Members. including obtaining fire and casualty and liability insurance for the full value of all common elements including the exterior structures, roofs, etc. (interior coverage of structure and contents are not the responsibility of the Association)_ Section 3.2 Number, Tenure, and Qualifications of Directors The number of directors of the corporation shall be 3. Each director shall have one vote on any matter that comes before the board. Each director shall hold office until the next annual membership meeting or until removed in accordance with section 3.3. However, if the director's term expires, the director shall continue to serve until the members have elected and qualified a successor or until there is a decrease in the number of directors. Directors need not be residents of Montana or members of the corporation. Section 3.3 Removal of Directors A director may be removed., with or without cause, if a majority of the members present at a duly constituted meeting votes for the removal. Likewise, the members must acquire a majority vote present at a duly constituted meeting to remove directors or the entire board elected by them. Removal is effective only if it occurs at a meeting called for that purpose. Notice must be sent to all members and directors that a purpose of the meeting is removal. Section 3.4 Board of Director vacancies If a vacancy occurs on the board of directors, including a vacancy resulting from an increase in the number of directors, the directors may fill the vacancy. If the directors remaining in office constitute fewer than a quorum of the board, they may fill the vacancy by the affirmative vote of a majority of all the directors remaining in office. If a director resigns effective at a specific later date, the directors may fill the vacancy, before the vacancy occurs, but the new director may not tale office until the vacancy actually occurs. When the directors elect a director to fill a vacancy, the director's term expires at the next membership meeting at which members elect directors. Section 3.5 Ex -off cio Members of the Board The officers and executive directors or managers of the corporation shall serve as non- voting, ex-officio members of the board. They are members by virtue of their office. Each ex- officio member officer or director may attend board meetings and participate in discussion; however, each ex -of ficio member shall be entitled to one vote only if the individual is a regularly elected or appointed board member. Section 3.6 regular Meetings of the Board of Directors The board of directors shall hold a regular meeting immediately after, and at the sarne place as, the annual membership meeting. No notice of the meeting other than this 'bylaw is required. The board of directors may provide, by resolution, the date, time and place (which shall be within the county where the company's principal office is located) of additional regular meetings. Regular board meetings may be held by conference telephone, if convened in accordance with section 3.8. Section 3.7 Special Meetings of the Board of Directors The presiding officer of the board, the president, or ".20% of the directors when in office may call and give notice of special meetings of the board of directors. Those authorized to call special board meetings may fix any place within the county where the corporation has its principal office as the special meeting place. Special board of director meetings may be held by conference telephone, if convened in accordance with section 3.8. Section 3.8 Board of Director Meetings by Conference Telephone If, authorized by the board of directors, the board of directors or any designated committee of the corporation may participate in a board or committee meeting by means of a conference telephone or similar communications equipment, provided all persons entitled to participate in the meeting received proper notice of the telephone meeting (see section 3.9), and provided all persons participating in the meeting can hear each other at the same time. A director participating in a conference telephone meeting is deemed present in person at the meeting. The chairperson of the meeting may establish reasonable rules as to conducting the meeting by phone. Section 3.9 Notice of, and Waiver of Notice for, Special Director Meetings (a) -Notice, The corporation's secretary shall give either oral or written notice of any special director meeting at least 2 days before the meeting. The notice shall include the meeting place, day and hour. If the meeting is to be held by conference telephone, (regardless of whether it is regular or special), the secretary must provide instructions for participating in the telephone meeting. (b) Effective Date. If mailed, notice of any director meeting shall be deemed to be effective at the earlier of: (1) 5 days after deposited in the Loted States mail, addressed to the director's business office, with postage prepaid; or (2) the date shown on the return receipt (if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the director); or (3) the date when received. (c) Waiver of Notice. Any director may waive notice of any meeting. The waiver must be in writing, signed by the director entitled to the notice, and filed with the minutes or corporate records. A director's attendance at a meeting waives the director's right to object to lack of notice or defective notice of the meeting; this shall be true unless the director, at the beginning of the meeting (or promptly upon arrival), objects to holding the meeting or transacting business at the meeting, and does not vote for or assent to action taken at the meeting. Neither the secretary nor director needs to specify mn the notice or waiver of notice the business to be transacted at, or the purpose of, any special board meetIng- ' Section 3.I0 Director Quorum A majority of the number of directors shall constitute a quorum for the transaction of business at anv board of director rneetin2. Section 3.11 Directors, Manner of Acting (a) Required Number to Constitute Act:. The act of a majority of the directors present at a meeting at which a quorum is present (when the vote is taken) shall he the act of the board of directors. If no quorum is present at a meeting of directors, the directors may not take action on any board matter other than to adjourn the meeting to a later date. (b) Director A roval. The corporation shall deem a director to have approved of an action taken if'the director is present at a meeting of the board unless: (1) the director objects at the beginning of the meeting (or promptly upon arrival) to holding it or transacting business at the meeting; or (2) the director's dissent or abstention from the action taken is entered in the minutes of the meeting; or (3) the director delivers written notice of dissent or abstention to the presiding officer of the meeting before its adjournment or to the corporation immediately after adjournment of the meeting. The right of dissent or abstention is not available to a director who votes in favor of the action taken. Section 3.12 Conduct of Board of Director Meetings The president, or in the president's absence, the vice-president, or in their absence, any person chosen by the directors present shall call the meeting of the directors to order and shall act as the chairperson of the meeting. The chairperson, or the chairperson's designee, shall establish rules of the meeting that will freely facilitate debate and decision -making. The chairperson will indicate who may spear when and when a vote will be taken. The secretary of the corporation shall act as the secretary of all. meetings of the directors, but in the secretary's absence, the presiding officer may appoint any other person to act as the secretary of the meeting. Section 3.13 Mediation, Arbitration if Board Deadlocked (a) General. If the board of directors is equally divided on any aspect of the management of the property, business and affairs of the corporation, or corporation transactions, or if the board is equally divided on any question, dispute, or controversy, and the deadlock is preventing action or non -action by the hoard, then the board shall submit the deadlock to mediation in accordance with section 3.13(b). If the directors are unable to resolve the deadlock through mediation, the directors agree to submit the dispute to binding arbitration in accordance with section 3.13 (c). (b) Mediation. if the board of directors is unable to resolve the deadlock itself, the directors agree to submit the dispute to mediation and the following guidelines shall apply: (1) The directors agree to have the dispute mediated by one of the following people (in the order listed, circumstances permitting) : (h) Michael A Ferringtonf Flathead Arbitration and Mediation Services. (2) The directors agree to follow the mediation procedure selected by the mediator. (3) Mediation shall terminate upon the request of the mediator or 30% of the directors. (i) Arbitration. If the board of directors are unable to resolve the deadlock through mediation, upon written request of 30% of the directors, the directors agree to submit the deadlock to binding arbitration in the following manner. (I ) At a duty held board meeting, directors shall submit written requests for the arbitrator; the board shall then vote on which arbitrator to select. If the majority of board members agree on a single arbitrator, then the board shall contact that individual with a request for arbitration. If a majority of the board members can not agree on a single arbitrator, then the board shall select 2 arbitrators, subject to the approval of 2l3 of the members, each director having, in the selection, a number of votes equal to the number of directors under a system of cumulative voting; after the members appoint 2 arbitrators, those 2 arbitrators shall select a third arbitrator to be the professional who actually arbitrates for the board. If the initial 2 arbitrators are unable to agree within. 15 days upon a third arbitrator, the President of the corporation will ask an officer at the corporation's primary banking facility to appoint the third. arbitrator. (2) The arbitrator shall determine, decide on and help resolve the matters that are equally dividing the board of directors. The arbitrator" s scope of responsibility will be to decide on natters including (but not limited to) whether the subject before the board is a proper subject for action by the board; the arbitrator may decide whether matters have been property submitted to the board for decision, whether the board is actually divided, and whether this section and the arbitration provisions provided here were properly invoked by the board or applicable. The arbitrator may act until all questions, disputes and controversies are determined, adjudged, and resolved. (3) The arbitrator shall conduct the arbitration proceedings in accordance with the rules of the American Arbitration Association, then in effect, except where these bylaws make a special provision. (4) The arbitrator's decision shall be conclusive and binding upon the board of directors, the corporation and the parties on all matters that the board submits to the arbitrator. The arbitrator's decision shall be the equivalent of a resolution unanimously passed by the full board at an organized meeting. The board of directors or the members may not revoke, amend or overrule the decision, except by a majority action of either body. The arbitrator's decision shall be filed with the secretary of the corporation; and the arbitrator may enter judgment on the decision in the highest court of the forum having jurisdiction. Section 3.14 Director Action without a Meeting The directors may act on any matter generally required or permitted at a board meeting, without actually meeting, if all the directors tame the action, each one signs a written Consent describing the action taken., and the directors file all the consents with the records of the corporation. Action taken by consents is effective when the last director signs the consent, unless the consent specifies a different effective date. A signed consent has the effect of a meeting vote and may be referred to as a meeting vote in any document. Section 3.1.5 Director Committees (a) Creation of Committees_ The board of directors may create on or more committees and appoint members of the board to serve on them. Each committee must have 2 or more directors, who serve at the pleasure of the board of directors. (b) Selection. of Members. To create a committee and appoint members to it, the board must acquire approval by the majority of all the existing directors when the action is taken. (c) Required Procedures. Sections 3.6, 3.71 3.81 3.9, 3.10, 3.111 3.12, 3.13 and 3.14 of this Article U1, which govern meetings, notice and waiver of notice, quorum and voting requirements, conduct of the board of directors, and acting without meetings apply to committees and their members. In addition, the committees shall keep regular minutes of their proceedings and report the same to the board of directors. The committees are subject to all the procedural rules governing the operation of the board itself. (d) Authori . Each committee may exercise the specific board authority with the board of directors confers upon the committee in the resolution creating the committee. Provided, however, a committee may not: (1) approve or recommend to members dissolution, merger, or the sale, pledge, or transfer of all or substantially all of the corporation's assets; (2) elect, appoint, or remove directors or fill vacancies on the board of directors or on any of its committees; or (3) adopt, amend, or repeal the articles or bylaws. (e) Audit Committee. The board of directors, by resolution adopted by the affirmative vote of a majority of the directors then in office, may create an audit committee of 3 or more directors designated by the board of directors, but not employed by the corporation. The committee shad have the power to appoint, oversee, and assist accountants or auditors in any audit or review of the records of the corporation. Section 3.16 Compensation, Loans to, or Guarantees for Directors (a) Director Co m ensation. The board of directors may, upon approval of the majority of that board, pay each director expenses, if any, of attendance at each board meeting or committee meeting of the board. The directors shall not be paid a salary or fee for attending the meeting. A director may, however, serve the corporation as an employee and receive compensation. (b) Loans to or Guaranties for Directors. The corporation may not lend money to or guarantee the obligation of a director of the corporation. ARTICLE IV. OFFICERS Section 4.1 Number of Officers The officers of the corporation shall be a president, a vice president, a secretary, and a treasurer. The board of directors shall appoint each of these officers. The hoard may appoint other officers and assistant officers, including a vice president, if it deems it necessary. If the board of directors specifically authorizes an officer to appoint one or more officers or assistant officers, the officer may do so. The sam individual may simultaneously hold more than one office in the corporation. Section 4.2 Appointment and Term of office The board of directors shall appoint officers of the corporation for a term that the board determines. if the board does not specify a term, the officers shall hold office for one year, or within that year, until they resign, die or are removed in a manner provided in section 4.3 of Article IV. A designation of a specified term does not grant to the officer any contract rights, and the board can remove the officer at any time prior to the termination of the designated term.. Section 4.3 Removal of officers The board of directors may remove any officer or agent any time, with or without cause. The removal shall be without prejudice to the contract rights, if any, of the person removed. A board's appointment of an officer or agent shall not of itself create contract rights. Section 4.4 President The president shall be the principal executive officer of the corporation. The president shall be subject to the control of the board of directors, and shall in general supervise and control, in good faith, all of the business and affairs of the corporation. The president shall, when present, preside at all meetings of the members and of the board of directors. The president may sign, with the secretary or any other proper officer of the corporation that the board has authorised, corporation deeds, mortgages, bonds, contracts, or other board authorized instruments. Section 4.5 Vice President If the board of directors appoints a vice president, the vice president shall perform, in good faith, the president's duties if the president is absent, dies, is unable or refuses to act. if the vice president acts in the absence of the president, the vice president shall have all presidential powers and be subject to all the restrictions upon the president. (If there is no vice president or the vice president is unable or refuses to act, then the secretary shall perform the presidential duties.) The vice president shall perform any other duties that the president or board may assign to the vice president. Section 4.6 The Secretary The secretary shall in good faith: (l) create and maintain one or more books for the minutes of the proceedings of the members and of the board of directors; (2) provide that all notices are served in accordance with these bylaws or as required by law; (3) be custodian of the corporate records; (4) when requested or required, authenticate any records of the corporation; (5 ) keep a current register of the post office address of each member; and (6) in general perform all duties incident to the office of secretary and any other duties that the president or the board may assign to the secretary. Section 4.7 The Treasurer The treasurer shall; (1) have charge and custody of and be responsible for all funds and securities of the corporation; (2) receive and give receipts for moneys duo and payable to the corporation from any source, and deposit all moneys in the corporation's name in banks, trust companies, or other depositaries that the board shall select; (3) submit the books and records to a Certified Public Accountant or other accountant for annual audit or review; and (4) in general perform all of the duties incident to the office of treasurer and any other duties that the president or board may assign to the treasurer. If required by the board of directors, the treasurer shall give a bond for the faithful performance of the treasurer's duties and as insurance against the misappropriation of funds. If a bond is required, it shall be in a sum and with the surety or sureties that the 'board of directors shall determine. Section 4.8 Assistant Secretaries and Assistant Treasurers The assistant secretaries and assistant treasurers, in general, shall perform the duties that the secretary or treasurer, respectively, or the president or board may assign to them. The assistant treasurers shall, if required by the board., give bonds for the faithful performance of their duties an as insurance against the misappropriation of funds; the bond shall be in sums and with the sureties that the board of directors shall determine. Section 4.9 Salaries, Loans to, or Guarantees for Officers The board of directors may fix and or adjust salaries of the officers from time to time. The corporation may not lend money to or guarantee the obligation of an officer of the corporation. ARTICLE V. INDEMNIFICAI'ION OF IIIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES Section 5.1 Indemnification of Directors (a) General. An individual made a party to a proceeding because the individual is or was a director of the corporation may be indemnified against liability incurred in the proceeding, but only if the indemnification is both: (1) determined permissible and (2) authorized, as defined in subsection (b) of section 5.1 (The indemnification is finiher subject to the limitation specified in subsection (d) of section 5.1.) (b) Detenn nation and Authorization. The corporation shad not indemnify a director under section 5.1 of Article V unless: (1) Determination. Determination has been made in accordance with procedures set forth in the Montana Nonprofit Corporation Act that the director met the standard of conduct set forth in subsection (c) below, and (2) Authorization. Payment has been authorized in accordance with procedures listed in the Montana Nonprofit Corporation Act based on a conclusion that the expenses are reasonable, the corporation has the financial ability to make the payment, and the financial resources of the corporation should be devoted to this use rather than some other use by the corporation. (c) Standard of Conduct. .The individual shall demonstrate that: (1) the individual acted in good faith; and (2) the individual reasonably believed: 0) in acting in an official capacity with the corporation, that the individual's conduct was in the corporation's best interest; (ii) in all other cases, that the individual's conduct was at least not opposed to the corporation's best interests; and (iii) in the case of any criminal proceeding, that the individual had no reasonable cause to believe that the conduct was unlawful. A director's conduct with respect to an employee benefit plan. for a purpose the director reasonably believed to be in the interests of the participants in or beneficiaries of the plan is conduct that satisfies the requirement of subsection (c)(2)(ii). The termination of a proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendre or its equivalent, is not, of itself, a determination that the director did not meet the standard of conduct described in this section. (d)No indemnification Permitted in Certain Circumstances. The corporation shall not indemnify a director under section 5.1 of Article V if (1) the director was adjudged liable to the corporation in a proceeding by or in the right of the corporation; or (2) the director was adjudged liable in any other proceeding charging that the director improperly received personal benefit, whether or not the individual acted in an official capacity. (e)lndemnification Limited. Indemnification permitted under section 5.1 of Article V in connection with a proceeding by the corporation or in the right of the corporation is limited to the reasonable expenses incurred in connection with the proceeding Section 5.2 Advance Expenses for Directors The company may pay for or reimburse, in advance of final disposition of the proceeding, the reasonable expenses incurred by a director who is a party to a proceeding if (1) by following the procedures of the Montana Nonprofit Corporation Act the board of directors determined that the director met requirements (3)-(5) listed below; and (2) the board of directors authorized an advance payment to a director; and (3) the director has ftunished the corporation with a written affirmation of the director's good faith belief that the director has met the standard of conduct described in section. 5.1 of Article V; and (4) the director has provided the corporation with a written undertaking, executed personally or on the director's behalf, to repay the advance if it is ultimately determined that the director did not meet the standard of conduct; the director's undertaking must be an unlimited general obligation, but need not be secured, and the corporation may accept the undertaking without reference to financial ability to make repayment; and (5) the board of directors determines that the facts then known to it would not preclude indemnification under section 5.1 of Article V or the Montana Nonprofit Corporation Act. Section 5.3 Indemnification of officers, Agents and Employees The board of directors may choose to indemnify and advance expenses to any officer, employee, or agent of the corporation applying those standards described in sections 5. t and 5.2 of Article V. Section 5.4 Mandatory Indemnification Notwithstanding any other provisions of these bylaws, the corporation shall indemnify a director or officer, who was wholly successful, on the merits or otherwise, in the defense of any proceeding to which the director or officer was a party because he or she is or was a director or officer of the corporation, against expenses incurred by the director or officer in connection with the proceeding. ARTICLE VI. CONTRACTS, LOANS, CHECKS AND DEPOSITS; SPECIAL CORPORATE ACTS Section 6.1 Contracts The board of directors may authorize any officer or officers, agent or agents, to enter into any contract or execute or deliver any instruments in the name of and on behalf of the corporation and such authorization may be general or confined to specific inst-unients. Section 6.2 Loans The corporation shall not allow anyone to contract on behalf of it for indebtedness for borrowed money unless the board of directors authorizes such a contract by resolution. The corporation shalt not allow anyone to issue evidence of the corporation's indebtedness unless the board of directors authorizes the issuance by resolution.. The authorization may be general or specific. Section 6.3 Checks, Drafts, etc. The board of directors shall authorize by resolution which officer(s) or agent(s) may sign and issue all corporation checks, drafts or other orders for payment of money, and notes or other evidence of indebtedness. The board of directors shall also determine by resolution the manner in which these documents will be signed and issued. Section 6.4 Deposits The treasurer of the corporation shall deposit all funds of the corporation, that are not being used, in barks and other depositories; the board of directors shall authorize by board resolution the exact location of the banks and. depositories. Section 6.5 Voting of Securities Owned by this Corporation. (a) General. Subject to the specific directions of the board of directors, any shares or other securities issued by another corporation and owned or controlled by this corporation may be voted at any meeting of security holders of the other corporation by the president of this corporation who may be present, (b) Pron.— ro whenever, in the judgement of the president, or in the president's absence, the vice-president, it is desirable for this corporation to execute a proxy or written consent in respect to any shares or other securities issued by any other corporation and owned by this corporation, the president or vice-president of this corporation, acting in the name of this corporation, shalt execute the proxy or written consent. The president or vice-president will not need the authorization of the board to take this action. Nor will the president or vice-president need to affix a corporate seat, countersignature or attestation by another officer. Any person or persons designated in this subsection as the proxy or proxies of this corporation shall have the full right, power, and authority to vote the shares or other securities issued by the other corporation and owned by this corporation the same as the shares or other securities night be voted by this corporation. ARTICLE VII. PROHIBITED TRANSACTIONS Section 7.1 Prohibited Transactions (a) Prohibition A g st Sharing in Corporation Earnings. No member, director, officer, employee, committee member, or person connected with the corporation shall receive at any tirne any of the net earnings or pecuniary profit from the operations of the corporation; provided that this shad not prevent the corporation's payment to any person of reasonable compensation for services rendered to or for the corporation in effecting any of its purposes as determined by the board of directors. (b) Prohibition Against issuance of Stock Dividends Distributions. The corporation shall not have or issue shares of stock. No dividends shall. be paid. No part of the income or assets of the corporation shall be distributed to any of the persons listed in section 8.1(a) without full consideration. The corporation is prohibited from lending money to guarantee the obligation of a director or officer of the corporation. (See sections 3.16(b) and 4.9). No member of the corporation has any vested right, interest or privilege in or to the assets, property, functions or activities of the corporation. The corporation may contract in due course, for reasonable consideration, with its members, trustees, officers without violating this provision. (c) No Personal Distributions Vpo Dissotution. Done of the persons listed in section 7.1(a) shall be entitled to share in the distribution of any of the corporation's assets upon the dissolution of the corporation. All members of the corporation are deemed to have expressly agreed that, upon the dissolution or the winding up of the affairs of the corporation, whether voluntary or involuntary, the assets of the corporation, after all debts have been satisfied, then remaining in the hands of the board of directors, shall be distributed, transferred, conveyed, delivered, and paid over exclusively to the organization or organizations as the board of directors may designate. Receiving organizations must be organized and operated exclusively for charitable, education, religious or scientific purposes and at the time qualify as an exempt organization or organizations under section 501 (c) (3) of the Internal Revenue Code of 1986 as it now exists or may later be amended. (d) Other Prohibitions. Neither the corporation, nor its directors, nor its officers have any power to cause the corporation to do any of the following with Related Parties: (1) make any substantial purchase of securities or other property, for more than adequate consideration in money or money's worth; (2) sell any substantial part of its securities or other property, for less than an adequate consideration in money or money's worth. For the purpose of this subsection, Related Parties means any person who has made a substantial contribution to the corporation, or with a brother, sister, spouse, ancestor, or lineal descendant of the person giving, or with a corporation directly or indirectly controlled by the person giving. Section 7.2 Prohibited Activities Notwithstanding any other provisions of these bylaws, no member, director, officer, employee or representative of this corporation shall take any actin or carry on any activity by or on behalf of the corporation .not permitted to be taken or carried on by an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986 and its regulations as they now exist or as they may later be amended, or by an organization, contributions to which are deductible under section 170(d)(2) of the Internal Revenue Code of 1986 and regulations as they now exist or as they may later be amended. Section 7.3 Purchase of Memberships The corporation may not purchase any of its membersbips or any right arising from membership. Section 7.4 Corporation Funds Used For Indemnification Corporate funds may be used to benefit officers and directors by way of indemnification, but only if such indemnification is authorized by Article V of these bylaws. ARTICLE VM. EMERGENCY BYLAWS Section 8.1 Emergency Bylaws (a) General. The following provisions of this Article VII1, section 8.1 "Emergency Bylaws" shall be effective during an emergency, which is defined as when a quorum of the corporation's directors cannot be readily assembled because of some catastrophic event. (b) Notice of Board Me�tin sue. During an emergency, any one member of the board of directors or any one of the following officers: president, any vice- president, secretary or treasurer, may call a meeting f the board of directors. Notice of the emergency meeting need be given only to those directors and officers whom it is practicable to reach, and may be given in any practical manner, including by publication and radio. The notice shall be given at least 6 hours prior to commencement of the meeting. (c) Tempgrary Directors and Quorum. During an emergency, one or more officers of the corporation present at the emergency board meeting shall be considered to be temporary director(s) for the meeting. The number of officers needed shall equal the number of directors necessary to constitute a quorum. The officers shall serve in the order of rank., and within the same rank, in order of seniority. In the event that less than a quorum (as determined by Article 111, section 3.10) of the directors are present (including any officers who are to serve as directors for the meetim), those directors present (including the officers serving as directors) shall constitute a quorum. (d) Actions Permitted To Be Taken. The board as constituted in paragraph (c), and after giving notice as described in paragraph (b) may: (1) Officer's Powers. Prescribe emergency powers to any officer of the corporation.; (2) Delegation of Any Power. Delegate to any officer or director any of the powers of directors; (3) Lines of Succession. Designate lines of succession of officers and agents, in the event that any of them are unable to discharge their duties; (4) Relocate Principal Place of Business. Relocate the principal place of business or designate successive simultaneous principal place of business; (5) All Other Action. Take any other action, convenient, helpful, or necessary to carry on the business of the corporation, including the following: Section 9.1 Amendments ARTICLE IX. AMENDMENTS (a) General. Unless otherwise required by the Montana Nonprofit Corporation Act, an amendment to a corporation's bylaws must be approved: (1) by the board if the amendment does not relate to the number of directors, the composition of the board, the term of office of directors, or the method or way in which directors are elected or selected; or (2) by the members by two-thirds of the votes cast or a majority of the voting power, whichever is less. (b) Notice of Meeting to Vote Amendment. If the board or the members seek to have the amendment approved by the members at a membership meeting, the secretary of the corporation shall give written notice to the corporation members of the proposed membership meeting, in accordance with section 2.7. The notice must state that the purpose, or one of the purposes, of the meeting is to consider the proposed amendment and must contain or be accompanied by a copy or summary of the amendment. (c) Approval of Amendment by., Written Consent or Written Ballot. If the board or the members seek to have the amendment approved by the members by written consent or by written ballot, the material soliciting the approval must contain or be accompanied by a copy or a summary of the amendment. (d) Members' Rhts. The corporation's members may amend or repeal or reinstate any bylaw amended, deleted or added by the board of directors. CER.TWICATE I, the undersigned, President of BAY RII)GE ESTATES HOMEOWNERS ASSOCIATION, INC., do hereby certify that the attached and foregoing is a true and complete copy of the By -Laws of said corporation, including all amendments, and as the same are in force at the date here. IN WITNESS WHEREOF, I have hereunto subscribed my name this day of 2007. STATE OF MONTANA ss. COUNTY OF LADE This instrument was acknowledged before me on the day of August, 2000 by * Notary Public for the State of Montana Residing at My commission expires Plan for Maintenance of Common Areas And other Landscaped and Improved Areas Common Area In and Around Flood Plain Bay Ridge Estates is a proposed residential housing development within a proposed R-3 zoning designation. Bay Ridge Estates incorporates substantial open space. A portion of the open space is located in a riparian strip within a i00-year flood plain along the stream, which traverses the western side of the property, as well as areas outside the flood plain on the eastern side of the stream. The preliminary plat designates approximately 3.99 acres as open space common area. The applicants propose to maintain the common area both within and without the flood plain as a natural, open space zone, to maintain riparian habitat along the stream. This is intended to benefit wildlife, which use the area and maintain water quality in the stream. If any areas within the designated open space zones are disturbed by construction activities or are otherwise in need of additional vegetation for aesthetic purposes, they will be planted with native grasses, trees and shrubs. No construction of any sort is planned within the 140-year flood plain should construction be necessary within the flood plain or within the stream, applications will be made for the appropriate permits. Noxious weeds will be controlled with approved control methods such as mowing and spraying. The applicant proposes a lightly maintained walking trail to and from the common area on the northeast side of the stream, so as to link the area with the housing portion of the development. The applicants do not propose to develop the common area as a traditional parr or playground. However, benches and picnic tables may be installed within the area on the southeast side of the stream. The area will be kept free of litter and grassy areas along trails and within the vicinity of picnic tables and benches will be mowed periodically by a private contractor selected and hired by the homeowners' association. No use of city services will be necessary for maintenance of any of the common areas. Other Common Areas Maintenance of other common areas within Bay Ridge Estates, as defined in the Declaration of Covenants, Conditions and Restrictions of Bay Ridge Estates, including vegetation, roads, driveways, walkways and other paved areas, and all other improvements within the designated common areas of the plat, will be undertaken by a private contractor hired and paid by the homeowners' association. Boulevards, Bike Path and other Landscaped Area along Three Mile Drive Maintenance of boulevards along city streets within Bay Ridge Estates, as well as the bike paths and a landscaped area shall be maintained and kept in good repair by the homeowners' association. June 12, 2007 Howard Mann C/O 93 and Church, LLD 100 Hathaway Lane Kalispell, MT 59901 Dear Mr. Mann: The City of Kalispell Fire Department is requiring a fire suppression water supply to be developed and maintained for the construction site offices, south of Church Drive. The International Fire Code (IFC) states, "An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on this site (lFC 1412.1)." Since no fire hydrants or other water sources are currently available, the Kalispell Fire Department is seeping either of two methods below to meet the water supply requirement: 1) An above, or below, ground water storage facility to hold no less than 5000 gallons of water to be developed and maintained by the developer. connections must match the Kalispell Fire Department size and type and have the proper locking caps in place. . Above ground tanks will need to be removed by October 31, 2007 to prevent freezing and replaced with another method of equal or greater water supply. 2) A water tender made available to the Kalispell Fire Department that holds no less than 2250 gallons of water. The water tender must be able to pump no less than 250 gpm, meet required DOT and NFPA requirements, and have connections that match the Kalispell Fire Department size and type. Our overall interest is the life and property safety of your investment, as well as our Firefighters. We are more than happy to meet with you to discuss our requirements. Please contact me if you have any questions. sincerely, DC Haas Prevention Chief/Fire Marshal Kalispell Fire Department Tuesday, December 11, 2007 Flathead County Road and Bridge Department 1249 Willow Glen Dr. Kalispell, MT 59901 Olaf C. Ervin 16 194LS I Montana Mapping Associates, Inc. 1405 highway 2 West Kalispell, Montana 59901 (406) 752-3539 Re: Bayridge Estates Subdivision bear 5 i r or Madam, This letter is a request for comment from your department regarding the proposed use of Meadows Lane as a primary access road for Bayridge Estates a 40-lot single-family residential subdivision. The accompanying preliminary plat shows the location of the proposed development at the northern extent ❑f Meadows Lane. The city of Kalispell has indicated their desire that should Bayridge Estates be approved Meadows Lane be annexed into the city and upgraded at developer expense to the current city standard, We as the developer's agents have no objection to this request and seek only the opinions and comment of your department regarding the proposed scenario. Professionally, Olaf C. Ervin 15194L5I Land Surveyor Intern ,� , FLATHEAD COUNTY �-y'M � ROADAND: BRIDGE may:=� ���;� i DEPARTMENTS 1249 WILLOW GLEN DRIVE KALISPELL,, MT 5990.1 Phone:.,406),753-577*90 Fax** (_406):7-5&-579.4. December 1.21" 2007 0,10f Ervin ManUmMappi Assoclates:JnC." 1405H . W IV 2., W. e. KialiSpell.4, MT . .59901 AE# adv Ridge Dear Ofee:. Ohl s 1 efter b- to c=f arm our* 'Cony-erlation wtth :You: th is morntnq.,.rej3Ardinq.,.:thannexation: of M.ead. owslane to to fit of: Kalispell" ..W tfinq to._.aqree-. tan:!oT the 60-foor r' ht+� 40f The -A, aci Deparrm". is I I to, the annexat". 19.. or, way.. MeadowS Lane from ThreaA`le Drive -to. th U I"- 5.10n ty r I e gay..Ridges. E�tat.;;�� S bd' ''to the. Cf. a '.the6tyof-gal e11deCj'deS,not-fo:w_nex. X lispell: 1f for some- ra=cn, i Isp the 60- root r gh ar;wway: 0 Meadows Lane and the, $Ubdiv . ist on continue to, be devetoped., then Meadows- Lane would be: then. be ..bui It to -a county stand d by -the: developer, 17f you have any further questions . 3P please feel free to con'ract us. ;incerely, 11,nve. Prunty � I. f"U011'r. Works �Irector &u Y 0Y Opel-ations Manager. County S "" rl' j5AA 5A ic COO) 7 Z rO pertio s 11A 10A 1013 - 7 Mg/1 A, 2, PAO pv wow z MGM_ 34 is; -71 3 44 n AG48 2 Be 4AB 2J rr 2JB 2JA JBA 2jAA f 2AD .... . .. .......... . . ... .... ............... ... .... . . .............. ..... . ...... .... . . . . .. .... . ..... . .... .... . . . ........ ..... . .... . ......... .. . ... ... . .... .. ..... . .. .... .. .... ......... . - - -------- ...... ... ........... . . . . ........ ........ VICINIT'l/ MAP S CALE 1 800' FETVEIT ETAL/BAY RIDGE ESTATES A REQUEST FOR ANNEXATION & INITIAL ZONING OF R-3 URBAN SINGLE FAMILY RESIDENTIAL DISTRICT FROM COUNTY AG-80 CUT AGRICULTURAL & COUNT-"f SAG-5 SUBURBAN AGRI I-ITURAL a ON T APPROXIMATELY 18.8 ACRES. FILED CONCURRENrl"L")L7 WITLH A 40 LOT SINGL-E FAMILY STU-'BDIVISION PLOT DKTE 9/11/07 H:\gis\site\ka07-O8.dwg FILE-# KA-07-08 & KPT-L D-Or"A-13 AY•- MONMOVA A94PPVfG ASSOCIA MM Ina 6--Y*XL I IWIC v & asodwo conmdww PfAM06 (wV 7ar-Am Dwmn a � P.L-a am ®riEDE ♦ - �,�Cm CEO -=ME cm- _Fffl-W♦JL��Em BE. ME, UM. ®FAW PREL IMINA R Y FLA T ®f BA Y RIDOE CASTS THS S 1125 112 Section 2, T. 28 N., P. 22 W., Principal MerlOVG17, Flathead County, Montana c4low VM �7� F�Frj� FI�Fzwm r,777=M77i mmm rrmm c M m wffW"-'Z7NZ,,J5, W1I!ff,A WUMV MaD GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Garmen H . Meadows and F . Louise Meadows, husband and wife hereby GRANT (S ) to I- Lathead County, a political subdivision of and to the Mate of Montana the following described real property in the county of F Lathead state of Montana: A tract of land sixty (6o.o) feet in width, being thirty (30.0) feet wide on each side of the following described center Line in the southeast quarter of th,2 south-- west quarter of the southeast quarter (SE-I'TSW-�'7SEI'T) of Section Two (2), T 28 N --- R G2 W., P. M. M., Flathead County, Montana and more particularly described as follows to wit Coiwnencing at the southeast corner of said section 2; thence N 890 57' W., and along the south,�rly boundary Line of the SEA of section 2, 1635.62 feet to a point; thence N U° 411 E. , 60.0 feet to a point on the northerly boundary line of the County Road known as Three Mile Drive and the true point of beginning of th-, tract of land being described; thence N J° 41' E. , 601.25 feet to a point on the northerly boundary line of the SE,,'SW-SE1 of said section 2 and the termination of said tract. easement TOGE'TUEH WITH an lejtxv lying and being within a fifty (50' )'radius culdesac, the center of said culdesac being 50' south of the termination of the above described tract of Land, and particularly shown on the attached Deed Exhibit. 7 IJAVE AND TO ffOLD the said premises, with their appurtenaiwes ulzto the said Granges, and to the hells d assigtls I of'evei'. Have the Title Insured By the FIRST NW11111NVUk1Mb% 'title Company of Kalispell ATE OF MONTANA, COUNTY OF t, thl, .� r (1,1y ('f J y 19 W161w 61 ;111d for said Stztte, Pei-sonal))• J rad7DWS and _.. M ftd�ws , 4 r: ;��4; •t,. Gti� h'e tl , :R�}rI s whose name s are TO n�'l�t�a't 4�> �Nw iwitrument, and ac'knovdeJged to Carl �Y executed the Name. Notary Public t.:xl)irt'ti �'r.�,.� f, r 7-5 STATE OF MONTANA, COUNTY OF I hereby certify that this instrument was filed for record at the request of at minutes past o'clock n)., this day of , 19 in my office, and duty recorded in Book of Deeds at page �Ex-Officio Recorder By Mail to Deputy. . ...., linty.--.'. erkr, &.. Roe '.. Fee... . ................ 8y................... -, � Depui,� ..... Rettun to........ .a...a....,..,,,......,...... lj II La �-- � � z Cra �M� ! I j- © t 1 LL C Ra,l .W z 5�. SW4 SEA r- C.3 Foot: Gxarmenead ows 2 -2 BY: BISHOP DOYLf I NC, SURVEYORS 7zo the ad COUNTY, MO NT. �.1 f � o a � 4 SCALE 1.f/� 20()t DATA J111y Zo, 1,97() `�. ,..� .on 1 J D E R p 1, I . A tract of land sixty (bop o) f fie t in veidth, being thirt (` o o feet wide on each side of the fol lvwin�-; described cente } in tip sou theas t qua rte r of the southwest t, � ne a5t yc�artc'r SF �I��SE� quarter of t}�r� south- 4 4 4) of Section Two (2) # T 2B N .. I? 22 W Na ��¢ ��� , � l�rthead Cvurtt � R y Montana and more partictiiarly cribed as follows to wit; Cofnme,ricin� at the southwast cornor of said sect inn 2 thin �Y ��0 5�� t4'a r and along the -southerly �� ce ��:� of seat ion �, lf� �c���nc�ary line or t:21r, 35 o i2 feet to a Point; thence n 00 4' i t F.9 r 64 s [� feet to a point on the northerly boundary I i.ne o �:ou,lt Y f t�7� y "OFid tin -own its Three �iilP Drive and tale true Point of betinnin of the tract of land hein€' �o desc-rihed; t���nce �1 t�0I.2S feet to a mint nn the northPrl�,, boundarydine �� FQ • "SE of said section 2 and the terrrrinati -onof of the sut�Ject. to that sa2ci tract* port i on as i nd ic�a teci i r� tfle above sketch for a temporary easement to he released said t��nn the cnntintlatzon rk roadwayv and returned to tl~�e ad acent fi�ronert of J` y own or-50 G F H `I' S I C F 0 Y I, DOU" irl-As x a ii-fsllol} a r, �.,i5t:prr-d Land Srrru�ti r�r+ rin here... by certify that on the o and 8tha riay5 ref .31t ly �] 10 L made a Careful. and accurate -qurver � � crihed tract of land �a nd that the d� n[ t ahnva �r�� as sh0%t1-1 -11-e t rue and corrrr-t 7 �tar�cps �nr� cnE�r ses ledge and [plipf, t o th r� i� e : f. rz C PIN, know-. J �t i•" J f 4 ] �-N 1 ii1T•L1►fir._ .�,STATE OF MONTANA I _ �? �CGunty of Flathead yF•'.. 'iled for record at t4 request o€ ......... ....... ....... u%. ^ tiizs..s .. cfcy of..--.... I� � 1�...at . f�:...y S o cloax.... M. d a iI 0 P :` 3 tert r ,98-gel A „FY,dd•00 S x � w a 9478F1 3 9kezrod N k ti +*� r A e x r + oti ❑ .r o_ r, nj ►.i �.1� #y ..[ F as .� „az Od.AO N C3t C.7.i — ,..,_, —— ._....._._. _... ,..._....n. — — � •�� SON s p1 �t Eo9 �� -MIr7 S,N0ar'�N 6A inis J a ar t4 _ V G4� a N 00013'Os" w ' • n emery ►d/ l v� V m 19 5 75' D � Ra N 4dr13 d5" A► +u rF0 5 Al Oi'tS'df " 11' 14, V 'r � I • a� is V ti '� .4 1 I a' � �1 v44' Z N Dd'13'd3" IL L "IQ, ■Fd i• _ N d 610" w f V �j r`i7 �r r is� f DS' rY ►�# 4 4 s arO724" x v 4 w�� ►. r'd 3"�DdwdOAX N �Q t �5 ■ d +4 S �•35�T" 107.66' N ao'f3�a5" w a' 95L44 E C 13Q33` Olt V tu — w i 43 �.i►�1o.0o H 3 „6rro.uo �v e ``, so'!yy E V 5 EQ 49' �r �n G04 � � � �` °' �� Via• ... __ _ --- 4 .� i C! p9 G'l 1 L4$Q ►� � •�' *�- 9'' � - ;� "� ,� t � .yam 5 .. 0'346�. :7 / fir �'``• _ �� � � _.., � ti � .., ^ , t T.` w 3Qtl< ❑ V f 0 � � � qk •r Az ❑ "� Ftoo as 4� 0/ 7 ,1 r r9 as -i rry L Lla W LA � ._.... 1+2 •�f City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751 -1850 Fax: (406) 7151-18158 MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION FEE SCHEDULE: FEE ATTACHED 5',.o55, Major Subdivision (6 or more lots) $750 + $105/10t Mobile Home Parks &Campgrounds (6 or more spaces) $750 + $105/space Amended Preliminary Plat Amendment to Conditions Only Re -configured Proposed Lots Add Additional Lots or Subiots Subdivision Variance Commercial and Industrial Subdivision SUBDIVISION NAME• Sai �6ae.�ES+�ez OWNER(S) of RECORD: Name 4. LLC Phone $350 base fee Base fee + $40/lot Base fee + $105/lot $100 (per variance) $950 + $125/lot Mailing Address i. (� . (�(°�,LY ?"3 111).6 City �p �:SP�.�� State MT Zip—S. T 4 0.,q TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name Ss Address Name 8& Addres Name & Address r LEGAL DESCRIPTION DP PROPERTY: Property Address. Assessor's Tract No(s) Lot No(s) 1/4 Sec Section�Townsh'p �_ Range GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces _ ��� Total Acreage in Subdivision Total Acreage in Lots Minimum Size of Lots or Spaces Total Acreage in Streets or Roads _3,4 �3 '�7 Maximum Size of Lots or Spaces Total Acreage in Parks, Open Spaces and/or Common Areas Q 3 A PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family YTownhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other APPLICABLE ZONING DESIGNATION 8s DISTRICT ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS IMPROVEMENTS TO BE PROVIDED: Roads: Gravel Paved Curb Gutter SidewalksAlleys Other Water System: Individual Multiple User Neighborhood .Public Other Sewer System: Individual �Multiple User Neighborhood Public Other Other Utilities: fable Tv X�- Telephone Electric �X._Gas Other Solid Waste: Home Pick Up Central Storage Contract auger Owner Haul Mail Delivery: Central Individual School District: ik Fire Protection: Hydrants Tanker Recharge Fire District: i5' Drainage System: PROPOSED EROSION / SE IMENTATION CONTROL. � �16P OA I inim-A A A A & I A d rV I -A 61 r-CA It rk mA V CES: ARE ANY V-- - CES RE UES'-I`ED O (yes/no) if yes, please complete the information below: SECTION OF REGULATIONS CREATING SHIP: EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE WITH REGULATIONS PROPOSED ALTERNA'T'IVE(S). TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: 2 PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW: 1. Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? Y+- 2. Will the variance cause a substantial increase in public costs? ts�j 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations, Master Plan or Growth Policy*.;, N A 4. Are there special circumstances related to the physical characteristics of the -site (topography, shape, etc.) that create the hardship? 0 It 5. what other conditions are unique to this property that create the need for a va nance? APPLICATION CONTENTS: The subdivider shall submit -a -comp :ete application addressing items below to the Kalispell Planning Department at least thirty five (3 5) days- prior to the date of the Plannm' g Board meeting at which it will be heard. 1. Preliminary plat application. 2. 10 copies of the preliminary plat. 3, One reproducible set of supplemental information. f See Appendix A of Subdivipion Regulations for the city where the subdivision is proposed.) 4, One reduced copy of the preliminary plat not to exceed 11" x 17" in size. 5. Application fee. 6. Adjoining Property owners List ( see example below and attached notice from county flat Room): Assessor# See-Tvm-fin -tit Tract No Proyertt Owner & Maifing. Address I hereby certify under penalty of perjury and the laws of the state of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the hest of my knowledge. Should any information or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. -� (Applicant) (Date) ;77 tl 6c;2..0o pity of Kalispell Planning Department 17 - 2"dStreet East, Suite 211, Kalispell, Montana 59901 Telephone: 406 3 75 1- I 850 Fax: 406) 751 -1858 PETITION FOR ANNEXATION AN INITIAL ZONING }dal m 6 Rz�eer�c.A�• i'�.�.�.nn—/ �,or�cA.�. 32 1YYsU.cilit.. NAME of wnPLlcArrr: -3 oLmacrhna- w k MAIL rwDREss: Q , C) . �81'13 cl�/s-rAT�z�: K�.j ; 5 rP.� � �. m -r' �� `�o � PHONE: INTEREST IN PROPERTY: Other Parties of Interest to be Notified: PARTIES OF INT MAIL ADDRESS: CITY/STATE/ZIP: t `tip 1 PI -IDLE: INTEREST IN PROPERTY: 1 i PLEASE COMPLETE THE FOLLOWING: Address of the property: r ~ ► l4!' Legal Description: .496 aa, Y'40 9M -- Nx-&— `7-PAX-- �. � (Lot and Block of Su ivision; Tract #) (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac) The present zoning of the above property is: ���' �� WUO The proposed zoning of the above property is: R,'7"'3 Cwz�--414- q- State the changed or changing conditions that make the proposed amendment necessary: The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Kalispell Planning staff to be present on the property for routine inspection during the annexation process. (Date) IV-z-'j "�t / 1 I s 'fir y 4� Ely • i�� � y � �' ` �. _ �' �" �r * � ���� !�i ._.. APPLICATION PROCESS APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS 1. Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are: the application procedure, compatibility and compliance with the Growth Policy, and compatibility of the proposed zoning with surrounding zoning classifications. 2. Completed application form. 3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District form, including an Exhibit A, legal description of the property. 4. A list of all property owners within 150 feet of the subject property (excluding public streets and right of ways) with mailing addresses. See example below & attached notice from County Plat Room. Assessor# Sec-�Twn- n Lot/Tract No Propgty Owner & Mailing -Address 5. Annexation and Initial Zoning Fee made payable to the Kalispell Planning Department. 6, Fee Schedule: Annexation (includes initial zoning) $250 plus $20/acre 7. A bona fide legal description of the property from a recent survey, title report or deed which accurately describes the property to be annexed. 2 APPLICATION PROCESS APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS 1. Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are: the application procedure, compatibility and compliance with the Growth Policy, and compatibility of the proposed Zoning with surrounding zoning classifications. 2. Completed application form. �. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District form, including an Exhibit A. legal description of the property. 4. A list of all property owners within 150 feet of the subject property (excluding public streets and right of ways) with mailing addresses. See example below & attached notice from County Plat Room. Assessor# Sec-Twn- n Lot/Tract No ProveOwner & Mailing Address 5. Annexation and Initial Zoning Fee made payable to the Kalispell Planning Department. 6. Fee Schedule: Annexation (includes initial Zoning) $250 plus $20lacre 7. A bona fide legal description of the property from a recent survey, title report or deed which accurately describes the property to be annexed. Return to: Theresa white Kalispell City Clerk P.D. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WIT 4DRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-46 10, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotate , and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from. the City of Kalispell excluding solid waste services. MCA 7-2--4736 prohibits the city from providing solid waste services to this property for a minimum of 5 years from date of annexation. r�4i�.� n r� caner Uaie NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF MONTANA ] ss County of Flathead County On this S..Vday of 607 before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same \��t,EEEl�lt14�tr.�r�if����r�f ���� � ` � IN WITNESS WTIEREO�6. off h Y hand and affixed my Notary Seal the day and 4. year in this certificate fu e written. oARUL ft6ry Public, S tc of Montana SEAL * tcd Nam o r * ; f f �,T,:,Fesiding at Aly Commission ex Tres: STATE OF MONTANA , t ��`��� r11111 �t lttttt11t11L1t� SS County of Flathead County On this day of DiD ,before me, the undersigned., a Notary Public for the State of Montana, pe onally appeared � known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. 0101111"111ftt �°Etrrf IN WITNESS WHEREOF, I et r r hand and affixed my Notary Seal the day and y-rraa�raaa year in this certificate first tten. '*•.t'' • - Public, S of Montana NOTARIAL C `! edName pq ec SEML • e_ding at �� ,,-. •*. � Commission expires: 10 :2 0� STATE of MONTANA } ��,��'�� `••.�......-•� ��'����. SSOF1���°���� County of Flathead �r�trrl�E�ttu . On this day of Av inefore rne, th dersigned, a Notary Public for The State of Montana, perso ally appeared Y- and the , and respectively, of the corporation that executed the foregoing instrument and the persons who executed said instrument on behalf of said corporation., and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. f�l I r t ftw* . >•► r ■ �X�� 11i1111jjjjJ%% ' ZATV. . aE--z� 6,id& Notary Public, State of Montana %. V :::�_ Printed Name Residingat My Commission expires STATE of MONTANA � : ss County of Flathead County ohs day of before nee, the undersigned, a Notary Public for the State of Montana, pe onally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he./she executed the same. ��1��►Ittttt#It �� XfE ���11fll�I����r�� IN WITNESS W`HERE0 �., hand and affixed my Notary Seal the day and year ll1 this certificate p�' written. '. f r NOTARIAL atary- Pubticl- of Montana �, ted Nam - esiding at ..� ., ,,, y co ss on expires. STATE of MONTANA � lr0 jr mo t� \\����� r s+111��f�tFlf�l�i1����111� County of Flathead County On this ;,Z4L -day of - VA07, before nee, the undersigned, a Notary Public for the State of Montana, personally appeared known to nee to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WI1EREOF,1. have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. - Notary fuglk. State of Montana Printed Name ReqqLj Wa&faso'-V� Residing at My Commission expires: STATE of MONTANA ss County of Flathead On this day of , before me, the undersigned-, a Notary Public for The State of Montana, personally appeared and the and respectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, i have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above wn*tten. Notary Public, State of Montana Printed Name Residing at My Commission expires STATE of MONTANA. � Ss County of Flathead County On this day of, before me, the undersigned, a Notary Public for the Mate of Montana, p onaliy, appeared A known to me to be the person whose name is subscribed to the foregoing instr=ent and acknowledged to me that he/she executed the same. rN AgTNESS WHEREOFy �xh _ � y hand and armed my Notary Seal the day and `' � .+ sir year in this ccertificate fir��v„e written. ''•., �� er a r =. Nli� „ ! ,dipta.ry Public, e of Montana y S'F A �_ nted Nam !0-- 100 , f '•r esidin.g at !a fi • `,+. .*' " y Commission expires. STATE of MONTANA L-��-����� F M0 • SS�r11111rrttr€rlt�ttri�>>��������� County of Flathead County On this ,4 tLday of � before me the and a - Notary- � undersigned, a Notary Public for. the State of Montana, personally appeared known to me to be the person whose naxn.e is subscribed to the foregoing inkrument and acknowledged to me that he/she executed the same. I WITNESS WHEREOF,- T have- hereunto set my hand and affixed my Notary Seal the day and year i this certificate first above written. -- 4-alU �)UVua Notary fUIV, State of Montana Printed Name Pe - = Residing at My Commission expires; h - STATE OF MON'T`A.NA � ss County of Flathead On this � }� day of Q 4�✓ before me, the undersigned, a Notary Public for 'Th S`at� of�oZa, personaily aQpeazed aH andj.1,the a — t and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my h and affixed otary Seal the day and Year in this certificate first above written. Notary blic, Stake of W*a Printed Name Residing at My Commission expi es _ - 122 _. , Lej!al Desciptions Tract 1 A Tract of land situated, lying and being in the Southwest '/4 of the Southeast '/4 and the Southeast 1/4 of the Southwest 1/4 of Section 2, Township 28 North, Range 22 West, Principal Meridian, Flathead County, Montana, more particularly described as follows. - Beginning at the Center -south 1/16 Corner of Section 2; thence South 89446'55" West a distance of 323.94 feet to the thread of Spring Creek; thence along said creek the following courses: South 14°33'02" East a distance of32.68 feet to a point; South 40043'56"East a distance of 29.29 feet to a point; South 87039'38" East a distance of 37.06 feet to a point; South 18102'43" East a distance of 44.18 feet to a point; South 62146' 16" East a distance of 10.68 feet to a point; North 62127'09" East a distance of 11.25 feet to a point; Forth 32020'44" East a distance of 29.73 feet to a point; North 75121'04" East a distance of 10.51 feet to a point; South 53158'07" East a distance of 19.24 feet to a point; South 00021'46" East a distance of 13.66 feet to a point; South 52°25'27" East a distance of 23.63 feet to a point; Forth 35138'45" East a distance of 34.32 feet to a point; South 50140' 15" East a distance of 17.55 feet to a point; South 00°33'58" West a distance of 61.69 feet to a point; South 34026'35" East a distance of 40.50 feet to a point; South 30°41'28" East a distance of 34.79 feet to a point; North 86106'34" East a distance of 28.46 feet to a point; South 52'32'36" East a distance: of 25.52 feet to a point; South 15021'54" East a distance of 62.04 feet to a point; South 28051' 16" West a distance of 25.85 feet to a point; North 82011'59" West a distance of 24.67 feet to a point; South 56°40'06" West a distance of 28.57 feet to a point; South 14002'08" West a distance of 23.33 feet to a point; South 16019'38" West a distance of 43.24 feet to a point; South 62149'00" West a distance of 17.65 feet to a point; South 19047'20" West a distance of 19.43 feet to a point; South 44044'49" East a distance of 14.37 feet to a point; South 08°38'35" West a distance of 34.86 feet to a point; South 54°30' 15" East a distance of 27.35 feet to a point; South 28°00'41" West a distance of 20.14 feet to a point; South 86049'50" West a distance of 48.38 feet to a point; South 46°00'08" West a distance of 80.71 feet to a point; South 16042'55" West a distance of 44.68 feet to a point; South 09°03' 53" East a distance of 39.87 feet to a point; South 78027' 10" East a distance of 50.88 feet to a point; South 01032'39" East a distance of 14.18 feet to a point; thence leaving said thread North 89054'09" East a distance of 575.15 feet to a 5/8" rebar; thence North 01°02'33" East a distance of 661.27 feet to a 518" rebar; thence South 89146' 55" West a distance of 414.05 feet to the Point of Beginning. Shown as Parcel A of Certificate of Survey No. 17120. Tract 2 That portion of the North 1/z of the Southwest 1/4 of the Southeast 1/4, Section 2, Township 28 North, Range 22 west, P.M.M., Flathead County, Montana, described as follows: Commencing at the Northwest corner of the North 1/2 of the Southwest 1/4 of the Southeast I/4-thence along the North line of the North 1I2 of the Southwest 1I4 of the Southeast 1/4 North 891148'21" East 414.02 feet to the Point of Beginning; thence continuing along the North line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 North 89048'21" East 732.27 feet; thence South 34°09'48" west 370.78 feet to a point on a 100.00 foot radius curve concave Southwesterly having a radial bearing of North 33155'04" East; thence Northwesterly along the curve thru a central angle of 32"51'29" 57.35 feet; thence North 88056'26" west 475.33 feet; thence North 01003'34" East 278.57 feet to the Point of Beginning. Shown as Parcel B of Certificate of Survey No. 14672. Tract 3 That portion of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the Southwest corner of the North 1/Z of the Southwest 1I4 of the Southeast 1/4; thence along the South line of the North 1/2 of the Southwest 1/4 of the Southeast '/4 North 89.51'28" East 406.74 feet to the Point of Beginning; thence continuing along the South line of the North 1/7. of the Southwest 1/4 of the Southeast 1/4 North 89*51'28" East 575.59 feet; thence North 01i01'50" East 269.65 feet to a point on a 100.00 foot radius curve concave Southwesterly having a radial bearing of North 88.25'46" west; thence Northwesterly & westerly along the curve thru a central angle of 90.30'40" 157.97 feet; thence North 88.56'26" west 475.33 feet; thence South 01*03'34" west 382.62 feet to the Point of Beginning. Shown as Parcel C of Certificate of Survey No. 14672. Tract 4 That portion of the Southwest Quarter of Section 2, Township 28, Range 22 west, P.M.M., Flathead County, Montana, described as follows: Beginning at the Southwest corner of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter of said Section 2, which point is also the Northeast corner of that parcel described in instrument recorded in Book 51.5, page Soo, records of Flathead County, Montana; thence along the east Line of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter North 00'43'00" East, a distance of 179.00 feet to a point ; thence West, a distance of 326.13 feet to a point; thence South of 10'40" West, a distance of 179.02 feet to the South line of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter; thence along the South line of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter, also being the North line and its westerly projection of the aforesaid parcel, East, a distance of 327.57 feet to the Point of Beginning. Shown as Parcel A of Certificate of Survey No. 6127. CERTIFICATION APPLICANT: Bauer/ Sharpe/ Fetveit/Van Allen/Bay Ridge Estates FILE NO: KA-0742 8 & KPP-07-13 I, the undersigned certify that I did this date mail via CERTIFIER Mail a copy of the attached notice to the following list of landowners ad'o inin.g the property lines of the property where an. annexation & initial zoning and preliminary plat are being requested. S-T-R: 2-28-22 Tract / Lot: 1 BD, 1 B, 1 BF & 1 BDA Property owners: Samantha Nichols Fetveit P.O. Box 8173 Kalispell, MT 59904 Hal & Rebecca Bauer 541 Three Mile Drive Kalispell, MT 59901 Montana Mapping Attn: Olaf Ervin. 1405 Highway 2 west Kalispell, MT 59901 Dater /� 7 Kenneth & Michelle Van. Allen 537 Three Mile Drive Kalispell, MT 59901 Ronald & Marcia Sharpe P.D. Box 7516 Kalispell, MT 59904 AND ATTACHED LIST Samantha Nichols Petveit P.G. Box 8173 Kalispell, MT 59904 Montana Mapping Associates 1405 Highway 2 West Kalispell, MT 59901 John & Tarnra Arlint 535 Three Mile Drive Kalispell MT 59901 Robert & Patricia B eb erg P.G. Box 7983 Kalispell, MT 59901 Janice A. Kienas 535 Three Mile Drive Kalispell, MT 59901 James S& Betty Ault Joint Liv Tr 199 Blue crest Drive Kalispell, MT 59901 Ken 8& Autumn Gottschlich 380 Yodelin Ridge Road Kalispell, MT 59901 Hal & Rebecca Bauer Ronald & Marcia Sharpe 541 Three Mile Drive P.O. Box 7516 Kalispell, MT 59901 Kalispell, MT 59904 Kenneth & Michelle Van Allen Gregory Harris 537 Three Mile Drive 539 Three Mile Drive Kalispell, MT 59901 Kalispell, MT 59901 Appex 1, LLC Touchstone, LLc 10 East Roanoke Street 1289 N. Meridian Road Seattle, WA 98102 Kalispell, MT 59901 Charles A. Bichler Roderick & Sherie Leese 616 North Sunset court 1280 Quarter Horse Lane Grand Junction, CO 81504 Kalispell, MT 59901 Heidi S. Kinniburgh Lisa & Ean McClure 892 Bitterroot Drive P.O. Box 2202 Marion., MT 59925 Kalispell, NIT 59903 Glenn S& Gretchen Brown Michael Fleming 195 Blue Crest Drive 191 Blue crest Drive Kalispell, MT 59901 Kalispell, MT 59901 Jerome & Kristi Sanders 183 Blue crest Drive Kalispell, MT 59901 '' City of Kalispell �,,,; Planning Department 17 - ?d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 75I-1858 You are being sent this notice because you are either a property owner within 150 feet, or in the vicinity of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information or visit our website at www.kalispell.com/planning. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING CDM11lIISSION DECEMBER 11, 2007 The regular meeting of the Kalispell City Planning Board and Zoning commission is scheduled for Tuesday, December 11, 2007 beginning at 7:00 PM in the Kalispell city Council Chambers, Kalispell city Hall, 312 First Avenue East, Kalispell. The planning board will hold public hearings and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take final action. 1. A request by Bay Ridge Development LLC for annexation and initial zoning of R.-3 (Single Family Residential) for 18.88 acres of tract land. There are four existing houses located on the project site addressed 537, 541, 543 and 545 Three Mile Drive. Although the houses are addressed off of Three Mile Drive the properties are located at the northern end of Meadows Lane, which connects to Three Mile Drive approximately one-fourth mile west of the intersection of Three Mile Drive and Stillwater Road. The project site is south of Quarter Horse Estates and Spring creek defines the western boundary. The owner is also requesting preliminary plat approval for Bay Ridge Estates, a subdivision that plats 40 lots ranging in size from 7,000 to 3O,O00 square feet. The property can be legally described as assessors tracts 1B, 1BF1 1BD, and 1BDA located within S 1 /2 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead county, Montana. 2. A request by Lonnie and Kim Buchholtz for annexation and initial zoning of R-4 (Two - Family Residential) of one lot in the western Acres residential subdivision located on the west side of 7thAvenue west - approximately 150 feet south of 1 lth Street west. The address for the property 1312 7th Avenue West, Kalispell. The 20,473 square foot lot contains a small mobile home and is currently zoned in the county as R-5 (Two -- Family Residential) . The applicant has concurrently requested a waiver of preliminary plat to create two lots intended for duplex development. The property can be legally described as Lot 3 of the 'S]LTestern Acres located in Section 18, Township 28 North, Range 21 west, P.M.M., Flathead county, Montana. 3. A request from Jeff and Karen Thiesen for a zone change from. City R-4 (Two Family Residential) to City B-1 (Neighborhood Buffer District) for two lots in the Sinopah Subdivision. The land encompasses one acre and is located along North Meridian Road approximately one-fourth mile south of the intersection with US Highway 93. The property addresses include 1288 and 1270 North Meridian Road and can be legally described as Lot 19 and Lot 20 of the Sinopah Subdivision located in Section 1, I ownship ' 8 North, Range 22 West, R M. M ., Flathead (.`ount:,T,T, Montana. 4. A proposal to adopt the Kalispell Area Transportation Plan 2006 Update as an addendum to the Kalispell Growth Policy to serve as a guiding policy fc�r transportation decisions. This plan will sen7e to update and replace the existing Kalispell _Transportation Plan last updated in 1993. The Transportation Plan No. ', 2501 _.�.._�._. NOTICE OF PUBLI-C H EA P �' 1, K-AL,SPEL.L C1 I Y PLANNING BOARD AND ZONING COMMISSION DECEMB ER 11, 2007 The regular meeting of the Kalispell City Plan- ning Board and Zos ping Commission is sched- uled for Tuesday, De- cember 1 , 2007 begin- ning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall. 312 First Ave- nue East, Kalispell. The planning board will hold public hearings and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take final ac- tion. 1. A request by Bay Ridge Development LLC for annexation and initial zoning of R-3 (Single Family Residen- tial) for 18.88 acres of tract land, There are four existing houses lo- cated on the project site addressed 537, 541, 543 and 545 Three Mile .Drive. Although the houses are addressed off of Three Mile drive the properties are locat- ed at the northern end of Meadows Lane, which connects to Three Mile Drive approximate- ly one-fourth mile west -of the intersection of .Three Mile Drive and Stillwater Road. The project site is south of Quarter Horse Estates any+ Sprrrg Cheek de- fine-s the western boun- dary. The owner is also re;ves�F: fy preliminary plat approval fcr Bay Riche Estates, a subdi- vision that plats 40 lots ranging in size from 7,000 to 30,000 square feet. The property can be legally described as assessor`s tracts 113, 1 BF, 1 BD, and 1 BUA lo- cated within S1f2 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 2. � ► request by Lonnie and Kim Buchholtz for annexation and initial zoning of R-4. (Two- =n ily Residential) of une iot in the Western -1t i residenVai subdi- vi.r.F� rli iV4.ru"d or, flhC ^ 9s i side of z7 th Avenue approximately i eet south tit 1 1 th i Lit1� I iv Kalispell. The 20,473 square foot lot contains a- small mobile home and is currently zoned in the county as R-5 (Two - Family Residential). The applicant has concur- rently requested a waiv- er of preliminary plat to create two lots intended for duplex development. The property can be le- gally described as Lot 3 of the Western Acres lo- cated in Section 18, Township 28 North, Range 21 West, P.'M.lvi.. Flathead Coun- ty, Montana. 3. A .request from Jeff and Karen Thiesen for a zone change from City R-4 (Two Family Resi- dential) to City B-1 (Neighborhood Buffer District) for two lots in the Sinopah Subdivi- sion. The land encom- passes one acre and is located along North Meridian Road approxi- mately one-fourth mile south of the intersection with US Highway 93. The property addresses include 1288 and 1270 North Meridian Road and can be legally de- scribed as Lot 19 and Lot 20 of the Sinopah Subdivision located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 4. A proposal to adopt the Kalispell Area Transportation Plan 2006 Update as an ad- dendum to the Kalispell Growth Policy to serve as a guiding policy for transportation decisions. This plan will serve to update and replace the existing Kalispell Trans- portation Plan last up- dated in 1993. The Transportation Plan ad- dresses the city, plus an area up to 3 miles be- yond the city limits of Kalispell. It provides an analysis of existing transportation condi- tions. transportation de- mand forecasting, a dis- cussion of alternative travel mades within the area and identification of specific problem areas relative to crash occurrences, intersec- tion caoacities, and street corridor capaci- ties. The plan also in- cludes recommenda- tions for travel demand management and traffic calming techniques and provides a ser#es of rer- ommendations for im- prc'vements to the trans- portation system includ- ing short term manage - STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE M. BROUWER. BEING DULY - SWORN, DEPOSES .AND SAYS: THAT SHE IS THE LEGAL. CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF IALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO 12501 LEGAL AD ERTISMENT WAS PRINTED AND PUBLISHER IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF November 25, 2007. AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. l+ Subscribed and sW om to • , t„iG�1Vit+ mile this November .'246,.�..r��ri t.f',•f: x �.. 4 Ln 4 DOROTHY 4ENCROSS fisting. transportation sys- Notary Public for the State of Montana tem. The plan con- cludes with a financial Residing in Kalispell analysis for, implement - My Commission expires 9/ 1 1109 ing the.plan. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 17 Second Street East, Suite 2111 Kalispell, MT 59901, and are available for public review (luring egular office hours. i�r