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10. Presentation - Annexation, Zoning & Preliminary Plat - Mountain Vista Estates Phase 4City of Kalispell Planning Department 17 - Z"dStreet East, suite 211, KalispelL Montana 59901 Telephone: (406) 751- 1 S50 Fax: (406) 751-1858 Website: kalispellplanning. com REPORT TO: Kalispell Mayor and City Council FRG1VE Nicole C. Johnson, Planner II James H. Patrick, City Manager SUBJECT.0 Touchstone LLC - annexation and initial zoning of R-3, Urban Single Family Residential, and preliminary plat request for Mountain Vista Estates Phase 4 subdivision MEWING DATE: August b, 2007 BACKGROUND: The Kalispell . City Planning Board met on July 10, 2007 and held a public hearing to consider a request by Touchstone LLC for annexation and initial zoning of R-3, Urban Single Family Residential, and preliminary plat approval to create a 19 lot residential subdivision on approximately 7.6 acres. This property is currently zoned in the county as SAG-5, Suburban Agricultural, which has a minimum lot size of five acres. The property proposed to be annexed, zoned and subdivided is located on the north side of Three Mile Drive approximately one-half mile west of Stillwater Road. It abuts the easterly boundary of Mountain Vista Estates Phase I, a city subdivision that received final plat approval in August of 2006. Spring Creek makes up the northern and easterly boundary of the subdivision and the project is just north of the Cottage Gardens subdivision. The property can be legally described as Assessors Tracts 1 BFA located in Section 2, Township 28 North, Range 22 West, P.P.M. , Flathead County. Nicole C. Johnson of the Kalispell Planning Department, presented staff report #KA- 07-12 and #KPP--07-08 recommending the planning board consider approving the initial zoning of R-3, Urban Single Family Residential, and the 19 lot subdivision as proposed subject to the 27 listed conditions in the staff report. At the public hearing Narda Wilson, technical support for Touchstone LLC, spoke in favor of the subdivision. Ms. Wilson supported the staff report, but questioned the purpose and need for three of the listed conditions: 14, 15 and 16. She wondered what the difference was between condition 14., a. and condition 1.5. Ms. Wilson was also concerned that condition 14. c. -- requiring that the horse pasture to the east of the property be mitigated to prevent pedestrian/horse conflicts - was out of the scope for this subdivision. The need for Condition 10 requiring that a parks maintenance district be formed was also questioned. After the public hearing the board discussed the proposed initial zoning of R- 3 , Urban Single Family Residential, for the property should it be annexed into the City. Board member Hinchey questioned the appropriateness of the proposed r-3 zoning designation as he thought the area was in transition. Ms. Wilson responded saying that the zoning and density was consistent with the surrounding developments. Both Cottage Gardens and Spring Creek Estates to the south were assigned an R-3 zoning designation and Mountain Vista Estates Phase 1, the project to the west of the site, was approved with an R-2 / PUD overlay zoning which she explained was more closely aligned with an R-3 density. A motion was made to recommend approval of the R-3, Urban Single Fancily Residential, initial zoning designation that would be assigned to the property upon annexation into the City of Kalispell. The notion passed unanimously. Board discussion ensued about the related subdivision and the board asked for clarification on the conditions Ms. Wilson questioned in the staff report. Mrs. Johnson reported the following: * Condition 15 was added to ensure the access between lots 12 and 13 be part of the common area and not on individual lots. Condition 14.a, part of a request from the Parks and Recreation Department, only required the pedestrian access be moved to a different location. * Condition 14. c. was a recommendation from the Parks and Recreation Department to reduce a potential conflict between residents and the neighboring horses. Mrs. Johnson said that the entire common area follows the east side of the subdivision (Spring Creek) and that a 10--1 2 foot bridge allows the horses access to the Mountain Vista Phase 4 subdivision.. * Condition 16 was not addressed as it was discussed earlier in the evening n_g during the Ashley Heights annexation and preliminary plat request. The creation of a parrs maintenance district will become a common condition to provide a means for the City to maintain areas should they ever be transferred to city jurisdiction. Ultimately, the board felt that the property owners to the east of the site where the horse pasture is located would be the responsible party to prevent the horses from accessing the Mountain Vista Estates Phase 4 property. A motion was made to remove c. of Condition 14. 14. The area designated on the plat as common area shall meet the parkland dedication requirements provided that it is developed as followed: a. Access to the common needs to be placed between lots 12 and 13 - rather than between lots 11 and 12 - to provide a more direct access. b. A mowed path consisting of native grasses shall be provided from the cul-de-sac as well as along a leisure trail running north and south along the Spring Creek riparian area. The mowed trail intended fir* leisure within the common area shall be located to the furthest west of the creek possible and absolutely outside of the 50 foot natural buffer area (Fish, Wildlife and Parks) d. Four benches shall be installed along the Spring, Creek mowed trail running north and south. e. A minimum of three interpretive signs shall be placed along the trail running north and south. The signs should be coordinated With the Fish, Wildlife and Parks Department (FWP). Additionally, the signs need to be made out of a metal thick enough to prevent vandalism and placed upon a mount that is sturdy enough to prevent vandalism. A motion was then made to approve the preliminary plat with the 27 listed conditions as amended. The motion passed unanimously. RECDMMENDATION: A motion to approve an initial zoning of R-3, Urban Single Family Residential, and a motion to approve the preliminary plat for Mountain Vista Estates Phase 4 With the 27 listed conditions would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, f1A- Nicole C. Johnson am 41. atrick Planner II City Manager Report compiled July 26, 2007 Attachments: Petition to Annex &Withdraw From Rural Fire District Mountain Vista Estates Phase 4 Cost of Services Analysis Transmittal letter Exhibit A (conditions) Staff reports #KA-07-12 and #KPP-07-4 and application materials Draft Minutes 7/ 10/07 planning board meeting c: Theresa White, Kalispell city Clerk 3 KA-07-12 and IKPP-07-4 Touchstone LLC/ mountain Vista Estates Phase 4 Cost of Services Analysis (Residential) Once annexed to the City of Kalispell, 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 Kahspeh's Resign and Construction standards and any other development policies, regulations or ordinances that may apply. Number of Dwelling Units proposed to be annexed 19 single family houses Estimated Increase in Po elation: (based on US Census Figure of 2.2 per household) 42 Cost of Services Per capita costs • Fire: $68.84 per person per year. Additional costs to the fire department • Police: $110 per resident per year. Additional costs to the police department • Administration: $39.48. Additional cost to administration • Solid Waste: Additional cost to solid waste • Roads: $193-56 per dwelling unit Additional cost in road maintenance • Water: $221.21 per ERU (Equivalent Residential Unit) Additional cost in water line maintenance • Sewer: $329.64 per ERU Additional cost in sewer maintenance • Stonmwater: $72.68 per ERU Additional cost in storm maintenance Total Anticipgted Cost of Services: 42 x 68.84 = $ 2,891 42 x 110.00 = $ 4,620 42 x 39.48 = $ 1,658 (none for five years) _ $ 0 19 x 193.56 = $ 31,678 19 x 221.21 = $ 41,203 19 x 329.64 = $ 61,263 19 x 72.68 = $ 1,381 $24269-4- 1 AnticipatedRevenue ,G a ne rate d 1. Assessments based on square foo e: Avera�,e� square foot per .lot: 9,308 square feet • Storm sewer assessment $0.004480 per square foot (capped at 'I� acre for residential) Revenue from storm sewer assessments 19 x 9,308 x $0.004480 $ 792 Street maintenance assessment $0.0101 per square foot (capped at 1/2 acre for residential) Revenue from street maintenance assessments 19 x 9,308 x $0.0 101 = $ 1,780 • Urban forestry assessment $0.00135 per square foot (capped at $150 for residential) Revenue from urban forestry assessments 19 x 9,308 x $0.00135 = $ 239 i Special Assessments: There are no special assessments. = $ 0 • Light maintenance assessment $0.003 per square foot (no cap) Revenue from light maintenance assessment 19 x 9,308 x $0.003 = $ 531 Total Antics to d Revenue From Assessments: 2. Tax revenue: Assessed value per property: $ 250,000/house 3,348 Total assessed value: 19 x 250,000 = $ 41750,000 Total taxable: 4,750,000 x 0.03543 = $ 1681293 Total additional general revenue based on 170 mill levy: $ 168,293 x 0.170 = 28,610 3. Imvact fees: • Water system impact fee $2,155 per residence Revenue from water system impact fee 19 x $2,155 = $ 40,945 • Wastewater impact fee $2,433 per ERU (A singe family home is (1) ERU) Revenue from wastewater impact fee 19 x $2,433 = $ 461227 • Stormwater impact fee $1,092 per ERU (A single family home is (1) ERU) Revenue from stormwater impact fee 19 x $1,092 = $ 20,748 • Police impact fee $43 per unit (single family residential) Revenue from police impact fee 19 x $43 = $ 817 • Fire impact fee $533 per unit (single family residential) Revenue from fire impact fee 19 x $533 = $ 107127 2 Total Anticipated Revenue From Impgct Fees: = 11 S 8d4 Total Revenue Generated to the City (Items 1 and 2) One Time Impact Fee Payment to the City (Item 3) $ 31,958 $118,864 Net Revenue to the City Per Year (Total anticipated cost of services -Total anticipated revenue from assessments and taxes): 7 264 NOTE: This information is based upon assumptions regarding building valuations and does not take into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. This information can only be used as a general estimate of the anticipated cost of services and revenue. 3 City of Kalispell Planning Department 17 - 2`1 Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751--1 S 5 S Wehsite: kalispellplann�r�g.com July 26, 2007 James H. Patrick, City Manager City of Kalispell P.G. Box 1997 Kalispell, MT 59903 Re: Touchstone LLC - annexation and initial zomng of R-3, Urban Single Family Residential and preliminary plat request for Mountain Vista Estates Phase 4 subdivision Dear Jim: The Kalispell City Planning Board met on July 10, 2007 and held a public hearing to consider a request by Touchstone LLC for annexation and initial zoning of R-3, Urban Single Family Residential, and prelirinary plat approval to create a 19 lot residential subdivision on approximately 7.6 acres. This property is currently zoned in the county as SAG -5, Suburban Agricultural, which has a mire*mum lot size of five acres. The property proposed to be annexed, zoned and subdivided is located on the north side of Three Mile Drive approximately one-half mile west of Stillwater Load. It abuts the easterly boundary of Mountain Vista Estates Phase I, a city subdivision that received final plat approval in August of 2006. Spring Creek makes up the northern and easterly boundary of the subdivision and the project is just north of the Cottage Gardens subdivision. The property can be legally described as Assessors Tracts 1 BFA located in Section 2, Township 28 North, Range 22 West, P.P.M. , Flathead County. Nicole C. Johnson of the Kalispell Planning Department, presented staff report #KA- 07-12 and #KPP-07-08 recommending the planning board consider approving the initial zoning of R-3, urban Single Family Residential, and the 19 lot subdivision as proposed subject to the 27 listed conditions in the staff report. At the public hearing Narda Wilson, technical support for Touchstone LLC, spoke in favor of the subdivision. Ms. Wilson supported the staff report, but questioned the purpose and creed for three of the listed conditions: 14, 15 and 16. She wondered what the difference was between condition 14., a. and condition 15. Ms. Wilson was also concerned that condition 14. c. -- requiring that the horse pasture to the east of the property be mitigated to prevent pedestrian/horse conflicts -eras out of the scope for this subdivision. The need for Condition 16 requiring that a parks maintenance district be formed was also questioned. After the public hearing the board discussed the proposed initial zoning of R-3, Urban Single Family Residential, for the property should it be annexed into the City. Board member Hin.chey questioned the appropriateness of the proposed R-3 zoning designation as he thought the area was in transition. Ms. Wilson responded saying that the zoning and density was consistent with the surrounding developments. Both Cottage Gardens and Spring Creek Estates to the south were assigned an R--3 zoning designation and Mountain Vista Estates Phase 1, the project to the west of the site, was approved with an R-2 / PUD overlay zoning which she explained was more closely aligned with an R-3 density. A motion was made to recommend approval of the R-3, Urban Single Family Residential, initial zoning designation that would be assigned to the property upon annexation into the City of Kalispell. The motion passed unanimously. Board discussion ensued about the related subdivision and the board asked for clarification on the conditions Ms. Wilson questioned in the staff report. Mrs. Johnson reported the following: Condition 13 was added to ensure the access between lots 12 and 13 be part of the common area and not on individual lots. Condition 14. a, part of a request from the Parks and Recreation Department, only required the pedestrian access be moved to a different location. * Condition 14.c. was a recommendation from the Parks and Recreation Department to reduce a potential conflict between residents and the neighboring horses. Mrs. Johnson said that the entire common area follows the east side of the subdivision (Spring Creek) and that a 10-12 foot bridge allows the horses access to the Mountain Vista Phase 4 subdivision. Condition. 16 was not addressed as it was discussed earlier in the evening during the Ashley Heights annexation and preliminary plat request. The creation of a parrs maintenance district will become a common condition to provide a means for the City to maintain areas should they ever be transferred to city jurisdiction. Ultimately, the board, felt that the property owners to the east of the site where the horse pasture is located would be the responsible party to prevent the horses from accessing the Mountain Vista Estates Phase 4 property. A motion was made to remove c . of Condition 14. 14. The area designated on the plat as common area shall meet the parkland dedication requirements provided that it is developed as followed: a. Access to the common needs to be placed between lots 12 and 13 rather than between lots 11 and 12 - to provide a more direct access. 2 b. A moored path consisting of native grasses shall be provided from the cul-de-sac as well as along a leisure trail running north and south along the Spring creek riparian area. The mowed trail intended fro leisure within the common area shall be located to the furthest west of the creek possible and absolutely outside of the 50 foot natural buffer area (Fish, Wildlife and Parks) • d. Four benches shall be installed along the Spring Creek mowed trail running north and south. e. A minimum of three interpretive signs shall be placed along the trail running north and south. The signs should be coordinated with the Fish, Wildlife and Parks Department (FWP). Additionally, the signs need to be made out of a metal thick enough to prevent vandalism and placed upon a mount that is sturdy enough to prevent vandalism. A motion was then made to approve the preliminary plat with the 27 listed conditions as amended. The motion passed unanimously. Please schedule this matter for the August 6, 2007 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 Schutt President Attachments: Exhibit A Staff reports # KA-07-12 and #KPP-07-08 and application materials Draft Minutes 7 J 10 J 07 planning board meeting c w J Att: Theresa White, Kalispell city clerk c w/o Att: Touchstone LLC, 1289 North Meridian Road, Kalispell, MT 59901 Narda Wilson, P.O. Box 1767, Whitefish, MT 59987 3 EX. —BIT A MOUNTAIN VISTA ESTATES PHASE 4 SUBDIVISION PLAT CONDITIONS OF APPROVAL AS RECOMMENDED BY THE IKALISPELL CITY PLANNING 130ARD JULY 10, 2007 The Kalispell City Planning n i rig Board recommends to the Kalispell City Council that the preliminary plat for Mountain Vista Estates Phase 4 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. (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 f%rial plat: 4. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of alispell'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) S. The road connection planned at the southern portion of the subdivision to Cottage Gardens shall be adjusted to meet city design standards and is subject to review and approval from the Kalispell Public works Department. The adjusted road location shall be shown on the final plat and a letter from the Public works Department obtained stating the design is approved. 4 6. 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 water and sewer mains have been built as designed and approved. (Kalispell Design and Construction Standards) 7. The developer shall submit to the KalispeU 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. 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) 8. 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) 9. 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) 10. The following note shall be placed on the final plat, `lots within the subdivision may be *n areas where the water table is high and that special consideration in the construction of crawl spaces and basements in those areas is recommended." 11. 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). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flours shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. 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. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking fire lane." 12. A temporary cul-de-sac at the south end of the project shall be constructed at the southern terminus of Mountain Vista Way if the road through the Cottage 5 Gardens subdivision is not in place prior to final plat. (Kalispell Fire Department) 13. 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 irnplemented 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 ) 14. The area designated on the plat as common area shall meet the parkland dedication requirements provided that it is developed as followed: a. Access to the common needs to be placed between lots 12 and 13 - rather than between lots 11 and 12 - to provide a more direct access. b. A moved path consisting of native grasses shall be provided from the cul-de-sac as well as along a leisure trail running north and south along the Spring Creek riparian area. The moored trail intended fro leisure within the common area shall be located to the furthest west of the creek possible and absolutely outside of the 50 foot natural buffer area (Fish, Wildlife and Parks) c. Four benches shall be installed along the Spring Creek mowed trail running north and south. d. A minimum of three interpretive signs shall be placed along the trail running north and south. The signs should be coordinated with the Fish, Wildlife and Parks Department (FWP). Additionally, the signs need to be made out of a metal thick enough to prevent vandalism and placed upon a mount that is sturdy enough to prevent vandalism. The developer shall provide the Parrs and Recreation Department with the improvement plan for the department for review and, approval. The developer shall install the improvements prior to final plat in accordance with the approved plan. (Kalispell Subdivision Regulations, Section 3.19, Findings of Fact, Section D, Parks and Open Space) Note: Any work within the floodplain requires a floodplain permit. 15. The 20 -foot easement to the common area that shall be relocated between lots 12 and 13 shall be incorporated within the larger common area of the subdivision and not on individual lots. (Findings of Fact, Section D, Parrs and Open Space) 16. A park maintenance district shall be formed incorporating all the lots within the Mountain Vista Estates Phase IV 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 Parrs and Recreation Department with approvals by the Kalispell City Council. 17. A 100 foot building setback from the high waterline of Spring Creek and the 50 foot natural buffer shall be shown on the final plat. (Findings of Fact, Section C. Surface and Groundwater) 18. The following note shall be placed on the final plat: "Property owner(s) shall waive they 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) 19. The road within the subdivision shad 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) 20. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A 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) 21. 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 n 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) 22. 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 site shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22) 23. 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)) 24. 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." h Developer's Signature (Kalispell Subdivision Regulations, Section 3.18(E)) 25. A homeowners association for the subdivision shall be created that includes a provision for the maintenance of the common area along Spring Creek, including the mowed path, 50 foot natural buffer, benches and signs. (Findings of Fact, Section D, Parks and open Space and project proposal) Ongoing conditions: 26. All utilities shalt be installed underground. (Kalispell Subdivision. Regulations, Section 3.17) 27. All areas disturbed during development shall be re -vegetated with a weed --free min immediately after development. TOUCHSTONE LLC REQUEST FOR INITIAL ZONING OF R-3, UPON ANNEXATION STAFF REPORT #KA-07-12 REQUEST FOR MOUNTAIN VISTA PHASE IV STJI3I]SION STAFF REPORT #KPP-07-08 KALISPELL PLANNING DEPARTMENT .July 5, 2007 This is a report to the Kalispell city Planning Board and the Kalispell City Council regarding an initial zoning designation of R-3 upon annexation to the city of Kalispell and a subdivision to create 19 residential lots. A public hearing has been scheduled before the Kalispell City Planning Board for July 10, 2007 beginning at 7:00 PM, to consider appropriate zoning for the property to be annexed and the subdivision request. The Planning Board will forward a recommendation to the Kalispell City Council for consideration. BACKGROUND INFORMATION Mountain Vista Phase IV is the final phase of a larger subdivision. Phases I through III were considered in a Planned Unit Development (PUD) package and preliminary plat approval was granted for all three in February of 2005. Phase I of Mountain Vista Estates was granted final plat approval in August of 2006 and on July 2, 2007 City Council approved Phase II of the subdivision. Note that while this annexation and subdivision for Phase IV shares the same name — Mountai.n. Vista Estates -- this project is being considered separately from the previous three phases which included a PUD; no deviations from the R-3 zoning designation have been requested here. Additionally, there are other annexations and subdivisions going through the City's department and staff review, public hearing and approval process for areas immediately south, wrest and east of the project site. Issues related to access, flood plain delineation, storm water, pumps stations, etc. are being considered together and the responsibility shared by the neighboring developers. This staff report will address both requests, initial zoning and preliminary plat for Mountain Vista Estates Phase IV. Each request will be reviewed with a recommendation and a set of conditions at the end of the report be ' g on page 14. A. Petitioner / Owner: Technical. Assistance: Touchstone LLC 1289 North Meridian Road Kalispell, Montana 59901 (406) 755-6789 Narda Wilson P.O. Box 1767 Whitefish, Montana 59937 B. Nature of the Request. This is a request for an initial zoning designation of R-3, Urban Single Family Residential, on approximately 7.6 acres of land located on the north side of Three Mile give one-half mile west of Stillwater Road and approximately one-fourth mile east of the Bonneville Power Administration (BPA) power lines. This property is currently zoned in Flathead county as SAG 5, Suburban Agricultural, which has a mir»mum lot size requirement of five acres. The proposed subdivision included in this request would plat 13 lots ranging m size from 7,000 square feet to approximately 15,600 square feet in size similar to development to the east and south of the property. The city R-3 zoning district has a minimum lot size of 7,000 square feet and a minimum lot width of 60 feet. C. Location and Legal Description of Property: As indicated previously, the property proposed for annexation and the initial zoning is located on the north side of Three Mile Drive approximately one-half mile crest of Stillwater Road. It abuts the easterly boundary of Mountain Vista Estates Phase I Subdivision, a city subdivision. From Phase I, the property extends east with Spring creep making up the northern and eastern boundary of the property. The property can be legally described as Assessors Tracts 1BFA located in Section 2, Township 28 North, Range 22 West, P. M . M . , Flathead county. D. Existing Land Use and Zoning: The property proposed for annexation is currently vacant and Spring creek defines the north and east portion of the 7.6 acre parcel. This property is under Flathead county jurisdiction and is part of the west Valley Zoning District, or wrest Valley overlay (VVVO), which is currently zoned SAG- 5, suburban Agricultural. SAG-5 is a suburban agricultural district that is intended to provide a buffer between urban and unlimited agricultural uses. The SAG-5 zoning district requires a m.in unum 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 two years ago, but with the recent series of annexations, preliminary plat approvals and the extension of municipal water and sewer past this site along Three Mile Drive, the region is now considered a transitioning urban area. To the immediate wrest, Mountain Vista Estates phases I through III have been approved containing 141 lots on 50 acres for a density of 2.9 units per acre. To the 11 ediate south, cottage Gardens has been approved containing 30 lots on 10.75 acres for a density of 2.79 units per acre. Five and 10 acre lots abut the site to the east and north. North: Large tract rural residential, SAG-5 WVO zoning South: cottage Gardens Subdivision, R-3 city zoning East: Rural residential, County SAG-5 WVG zoning West: Mountain. Vista Estates Subdivision R-2 city zoning with a PUD F. Proposed Zoning: The proposed R-3, Urban Single Family Residential zone lists single-family residences as a permitted use and has a mi_numum lot size requirement of 7,000 square feet and a ' um lot width of 60 feet. Setbacks are 20 feet in the front and rear and five feet on the sides. This zoning reflects the lots that are being proposed in the subdivision with regard to lot size and the single family homes intended for development. 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. H. Utilities and Public Services; All available public services and facilities will be provided to these properties at the same level of service as other properties similarly situated in the city limits. Sewer: City of Kalispell Water: City of Kalispell Refuse: Contract hauler available Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Company Telephone: CenturyTel Schools: west Valley School District (grade school) & School District # S, Kalispell (High school) Fire: Kalispell Fire Department Police: Kalispell Police Department I. 1. 2. H 4. 'EVALUATION EASED ON STATUTORY CRITERIA 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. Does the re nested zone cam l with the o -th olicv? The property is designated by the Kalispell Growth Policy future land use map as "Suburban Residential" which anticipates residential development with a density of up to four dwelling units per acre. Because of the provision of public water and sewer to the site, the proposed R-3 zoning designation is in compliance with the future land use designation for the area. The R-3 zoning has a minim__um lot size requirement of 7,000 square feet with an overall gross density of the proposed subdivision at 2.49 dwelling units per acre. This density is based on the inclusion of a 2.29± acre common area proposed as part of the subdivision. At 2.49 dwelling units per acre, the requested R--3 zoning and associated density complies with the Suburban Residential designation for the property. Is the requested zone desi ed to lessen congestion in the streets? It can be anticipated that the proposed zone change of the property will 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 city's R-3 zoning district. Traffic impacts to the area can be accommodated with the existing roadway systems and the new internal roads that will 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 review, which will insure that traffic flogs and access are appropriately addressed. Will the requested zone secure safety from fire, panic, and other dangers? New construction will be required codes of the City which relate tc facilities are available to the site i services including police and fire sewer service is available to the development of this property. to be in compliance with the building safety fire and building safety. Adequate public a the case of an emergency. All municipal protection (including hydrants), water and area and will be emended as part of the Will the re uested zone romote the health and eneral welfare? The requested R--3 zoning classification will 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. D. wi11 the requested zone rovide for adequate li lit 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 pro-vided. 4 7. 2 a its], Will the re_quested 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 suburban residential development. Now that public water and sewer are available in the immediate area, an R-3 zoning designation is appropriate. All public services and facilities will be available to serve this subdivision. Will the requested zone avoid undue concentration of people? The allowable density for this property will change as a result of annexation. However, future development will be single family in design and the project proposes significant permanent open space. This project will not pose a negative impact from undue concentration of people. Will the reguested zone facilitate the adequate provision of transportation, crater sewera e schools arks and other -public re uirements? All public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. There will be impacts to services that can be anticipated as a result of this proposal which can be met by the City. All public services and facilities are currently available or can be provided to the property. Does the requested zone give consideration to the articular suitabili of the properly for particular uses? The proposed R-3 zoning district is consistent with the surrounding zoning and land uses in the area and gives due consideration of the suitability of this property for the permitted uses in the district. Densities below what is being proposed would not serve the community as a whole considering the level of growth and interest in the type of lots that are being proposed. This area is on the very urban / rural interface, but it can be anticipated that the city will continue to grow in this direction with similar densities in the area. Does the re uested zone ive 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 alloys this development to address needs within the community for housing and support services m' reasonable proximity to the city core. Availability of public grater and sewer to the area indicate that this type of development will 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 rezoning eves reasonable consideration to the character of the district. 11. will the proposed zone conserve the value of buildin s? The development anticipated under the proposed zoning is more intensive than the land uses to the north and east of the project site. city standards will insure that there is high quality development which will insure the value of buildings and homes is protected, maintained and conserved. Value of the buildings in the area will be conserved because the zoning will promote compatible and like uses on this property as are found on other properties in the area. 12. will the re uested zone encoura e the most appro 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. H. REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT OF COTTAGE GARDENS This application is reviewed as a major subdivision in accordance with statutory criteria and the Kalispell city Subdivision. Regulations. A. Effects on Health and Safety: Fire: This subdivision would be in the service area of the Kalispell Fire Department once annexed to the city_ The property is considered to be at low risk of fire because the subdivision and homes within the subdivision would be constructed in accordance with the International Fire Code and have access which meets city standards. Hydrants will be required to be placed in compliance with the requirements of the aforementioned code and approved by the fire chief. The fire access and suppression system should be installed and approved by the fire department prior to final plat approval because of potential problems with combustible construction taking place prior to adequate fire access to the site being developed. A temporary cul-de-sac at the south end of the project may be necessary and y required for access should the cottage Gardens road infrastructure not be in place at the time final plat is requested.. Staff is recommending a condition to 6 require the construction of a temporary cul-de-sac between lots 7 and 8 to meet city fire and safety standards if the cottage Gardens road is not in place. Flooding: spring creek is a mapped 100 year floodplain and is located on the eastern edge of the 7.6 acre property. This is a nondelineated floodzone. Currently, no development is proposed within the floodplain area. The developer is proposing to place the creep and adjacent floodplain area within a 2.29 acre common area --- only minor park amenities and a mowed trail with interpretive signs have been proposed. There is an existing 10 to 15 foot wide wood foot bridge crossing located within the floodplain which could potentially provide pedestrian access to future neighboring subdivisions. No fill, exaction of modifications to the floodplain should be allowed either during or after development of this subdivision. Because the floodzone is nondelineated, the applicants have partnered with the surrounding developer's to obtain a detailed floodplain analysis which was recommended by the city's Site Review committee to determine the base flood elevation for the area. The study conducted by Fong Engineering has not yet been adopted by the Federal Emergency Management Agency (FEMA) but will be required to be approved by the agency prior to final plat and shown on the plat itself. No lots will be allowed within the flood plain as defined by the adopted study. Access: Access to the subdivision will be provided by Mountain Vista Way which currently ends at the eastern portion of Mountain Vista Phase I. The road will be extended east between sots 1 and 13 of Phase IV and curves to the south and continues that direction to connect to the cottage Gardens subdivision which would ultimately, when built, connect to Three Mile Drive. Note that the portion of Mountain Vista Way located between lots 7 and 8 at the south end of the project boundary sashays slightly to the wrest to line up with Cottage Gardens. Kalispell's Public Works Department at the June 14, 2007 Site Review committee meeting stated that the sashay needed to be straightened out to meet city design standard. The internal roadways serving all of the lots within the subdivision are proposed to be built to city standards. In addition to the sidewalks provided within the subdivision, a 20 -foot access easement will be provided between lots 12 and 13 that will extend along the common area from north to south and also to the existing wood bridge that crosses Spring creek. The trail will be mowed to maintain the natural feel of the area. Bicyclists may access Three Mile Drive via Mountain Vista way- at the northwest end of the subdivision and eventually through the cottage Gardens subdivision at the southern boundary. currently, the bike path is inconsistent; there are sections of bike paths along Three Mile Drive where Mountain Vista Estates, Blue Herron and cottonwood subdivisions exist. The bike path starts again wrest of Stillwater Road. Bike path connectivity in the area will improve as development continues in this area or the city and county come up with another means of connecting the trails. On -site Improvements- The City of Kalispell has required past subdivisions to .;: complete a minimum of two-thirds of the necessary infrastructure (water, sewer, roads, etc.) prior to filing the final plat. The city staff recommends this 7 condition on each plat because staff would like 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 water for fire suppression and sewer mains not working properly 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 rm mum of two --thirds of the infrastructure be installed prior to final plat. B. Effects on Wildlife and Wildlife Habitat: spring Greek defines the eastern edge of the property boundary. The Spring Greek riparian area and floodplain consist of native vegetation and a flowing fresh water stream which provide habitat to a variety of avian, amphibian and aquatic species, among others. Montana Fish, wildlife and Parks (FWP) stated in an email dated June 28, 2007 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." Mark Delaray, a FWP biologist, indicated that Spring Creek located on the eastern boundary of this project was in need of protection as the stream provides good riparian habitat and noted over the phone on June 28, 2007 that there was an existing reproducing trout fishery in Spring Greek. The agency recommended that a minimum of 100 foot building setback be maintained and that the first 50 feet remain a natural riparian buffer consisting of natural vegetation which excludes fertilizers and lawn mowing. He noted that "this protection will help maintain stable stream banks, filter upland pollutants and provide natural habitat." The same recommendation was made for the Cottage Gardens subdivision to the immediate south of the project site. The 100 foot building setback and 50 foot buffer will be required to be shown on the final plat. A 2.29 acre common area which includes open space, the floodplain and creek is part of the common area space planned for the proposed 19 lot subdivision - no lots or development would occur within this area. The common area will include limited recreational amenities to retain the natural environment to the extent possible and in effect minimize impacts. A moored path will be maintained along the buffered area and interpretive signs will be located along the buffered area describing the natural history and species common to the area as well as benches. A positive impact could be expected from the environmental education component of the project. 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 will help reduce inevitable impacts 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 in people and overland pollutants and runoff associated with housing developments. However, the buffer recommended by FWP will reduce these impacts. The homeowner's association would be responsible for the common area which includes the floodplain and 50 foot buffer area. 8 C. Effects on the Natural Environmentft . Surface and oun.dwater: This subdivision will be served by public water and sewer thereby rnin"mY71 n g any potential impacts to the groundwater. spring Creek runs along the eastern portion of the property and as indicated above, FWP recommended a 100 foot building setback from the creek and the first 50 be maintained as a riparian buffer comprised of nature vegetation with minimal maintenance. FLIP recommended the building setbacks to maintain high water quality in Spring Creek and downstream waters. Chapter 7, The Natural Environment, of the Kalispell Growth Policy 2020 lists the following Coals and Policies which further support the Department of Fish, Wildlife and Parks recommendations: Goad 1 ENCOURAGE DEVELOPMENT THAT IS COMPATIBLE WITH OR ENHANCES NATURAL RESOURCE VALUES INCLUDING AIR, WATER, SOIL AND VEGETATION. Goal 2 DEVELOPMENT NEAR ENVIRONMENTALLY SENSITIVE AREAS SHOULD BE ACCOMPLISHED SO THAT THESE FEATURES ARE LEFT IN A RELATIVELY UNDISTURBED STAVE. 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 100-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. A Depth to water Table map dated March 13, 2006 indicates the water table is 10--15 feet below the surface in the eastern portion of the site including the floodplain area. The water table in the middle of the project area merest of the floodplain increases in depth measuring approximately 15-20 feet below the surface. There is small portion of the property in the southwest corner where the water table is estimated to be 20 to 50 feet in depth. 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 south west portion of the property. In areas where the water table is high, special consideration in the construction of crawl spaces and basements should be taken and will be reviewed at the time building permits are applied for. Therefore, staff recommends a note be placed on the final plat stating that, if crawl spaces or basements are included in con.structi.on plans and the water table in areas where the ground water is close to the e surface, developers need to incorp orate building techniques to deal with the high ground water accordingly. Drainage. Three-quarters of this site is generaliv level, but the 7.6 acre parcel does slope down to the northeast towards the Spring Creek floodplain ,,vhich is 9 marked by relatively steep yet rolling banks. There is no city storm drain system in the immediate area and storm grater will have to be managed using on -site retention methods as part of an engineered storm water management plan. The drainage plan will have to comply with the City of Kalispell's standards and State standards and will be required to be designed by a professional engineer. 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 Stormwater 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. D. Effects on Local Services: Water. Water service to the subdivision would be provided by the City of Kalispell and likely extended from a crater main located at the northwest portion of property adjacent to Mountain Vista Estates. The water system for the subdivision will 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 water system to accommodate this development. Sewer: sewer service will be provided by the City of Kalispell with an extension of existing sewer mains from their existing location within the Three Mile Drive right-of-way or from the neighboring Cottage Gardens or Mountain Vista Phase I subdivisions. Design and construction of the mains will be reviewed and approved by the Kalispell Public Works Department. There is adequate capacity within the sewage treatment plan to accommodate this development. As part of the subdivision proposal, the engineer has indicated the need for a lift station and the applicant is working with the Cottage Gardens developers to construct an adequate device to serve both subdivisions. Loads: Traffic projections for this subdivision are estimated to be approximately 133 to 190 additional individual vehicle trips per day based on the estimates of 7 - 10 vehicle trips per residence per day in the area onto Three Mile Drive. The subdivision is designed to include two access points. Mountain. Vista Way is Currently constructed to city standards and exists at the northwest end of the property boundary at the northeast part of Maintain. Vista Estates Phase 1. This road is planned to extend south to connect to the Cottage Gardens subdivision which ultimately ties into Three Mile Drive. Note that the preliminary plat shows a slight sashay of the road on the south end of the property to connect to the approved Cottage Gardens design and the Kalispell Public Works Department indicated in the .June 14, 2007 meeting that the sashay would have to be adjusted to meet city standards. A cul-de-sac also is planned which would be accessed from Mountain Vista Way roughly 300 feet from the southern boundary of the property to provide access for lots 10 through 15. All the aforementioned roads Will be dedicated to the city and 10 constructed to city standards which would include curb, gutter, sidewalks and landscape boulevards. Overall there will 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 will 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 will continue to be felt. Therefore, the Planning Department is recommending that at a ' um 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 (elementary). The school districts could anticipate that an additional 9.5 school aged children might be generated into the districts at full build out. Development along Three Mile Drive will continue to have a potentially significant impact on the West Valley School District, particularly on a cumulative level with other developments pending in the area. A letter from Todd A. Fiske, Superintendent of West Valley School, relayed the same concerns in a letter dated June 15, 2007. Mr. Fiske stated 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. Parks and Open S ace: 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 4.23 acres creating an average lot size of 9,308 square feet, less than one-half an acre. Eleven percent of the combined area in lots will require 0.46 acres in park area or cash in lieu equivalent. The developer is proposing a park area approximately 2.29 acres (99,752 square feet in size) along the eastern boundary of the property which is defined by the Spring Creek riparian area. The common area will be accessed via a 20-foot easement between lots 12 and 13 from the Mountain Vista way cul-de-sac and a moored trail will be provided running north to south of the common area. A. 10-12 foot bridge exists approximately 60 feet east of Lot 12. A portion of the common area is located within the 100 year floodplain and as indicated in section II, A., Flooding, a study has been conducted to delineate the floodzone which would be required to be adopted prior to final plat. Lots and ultimately the common area may be adjusted slightly as a result of the study as no lots or development would occur within this area. A. picture of the proposed park area is shown in Figure 1 below. The common area will include limited recreational amenities to retain the natural environment to the extent possible and in effect minimize impacts. A mowed path will be maintained running north and south of the creek, benches and interpretive signs will be located along the buffered area describing the natural history and species common to the area. Maintenance of the common area is proposed as part of the homeowners association responsibilities. The FwP recommended that a minimum 100 -foot building setback be provided from the creek and that the first 50 feet of that remain a natural riparian buffer consisting of natural vegetation which excludes fertilizers and lawn mowing. In a telephone conversation on June 28, 2007, Mark Delaray, requested that any mowed trail intended for leisure be located to the furthest west of the creek possible and absolutely outside of the 50 foot natural buffer area. The Parks and Recreation Department reviewed the preliminary plan for parr land and/or common area for Phase IV of Mountain Vista Estates and is supportive of the common area amenity plan and location. Five items were agreed to at a meeting With the applicant on June 27, 2007 and the items listed below will have to be completed, bonded for and/or adequately addressed prior to final plat. 1. Access to the common needs to be placed between lots 12 and 13 -- rather than between lots 11 and 12 - to provide a more direct access. a mowed r atl-i consisting of native grasses shall be provided from the c l -de- sac as well as along a leisure trail running north and south along the Spring Creek riparian area. 3. The horse pasture that is located across the creek to the east of the proposed subdivision must be mitigated to prevent pedestrian/ animal conflicts. 4. Four benches shall be installed along the spring Creek mowed trail running north and south. 5. A ' urn of three interpretive signs shall be placed along the trail running north and south. The signs should be coordinated with the Fish, wildlife and Parks Department (FWP). Additionally, the signs need to be made out of a metal thick enough to prevent vandalism and placed upon a mount that is sturdy enough to prevent vandalism. The Parks Department did note in the letter 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 Parks and Recreation Department is also recommending a park 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 tape over the maintenance of these areas. However, the park maintenance district shall 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. 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: Fire protection services will be provided by the Kalispell Fire Department once annexed to the city, and the subdivision will be required to comply with the International Fire code. The fire department is also recommending that access to the subdivision and the hydrants are in place prior to final plat approval and/or use of combustible materials in construction. Solid Waste: solid waste will be handled by a private contractor for at least the first five years and taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision.. 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. There is currently a horse pasture located across Spring Creek to the east of the proposed subdivision and mitigation is required to prevent pedestrian/ animal conflicts prior to final plat. Because of its limited size and the presence of Spring Creek bisecting the property, it has :limited �3 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 will be relatively little impact on agricultural uses within the valley and no impact on agricultural water user facilities since this property will be served by a public water system. Dote that 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 water and sewer and have good access to services and public facilities. This land use designation anticipates a density of up to four dwellin g units per acre and the requested R-3 zoning for the site has an overall density of approximately 2.49 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 7,059 square feet to approximately 15,65E square feet. some of the lots plotted on the plat will be adjusted so no areas are inside the delineated flood -zone and floodplain and the common area access is relocated between lots 12 and 13. The lots proposed within the subdivision meet the minimum lot size requirements and any modified lots would need to meet the minimum requirements prior to final plat approval. H. Compliance with the Kalispell Subdivision Regulations: This subdivision does not deviate from the Kalispell Subdivision Regulations and no variances are being sought. RECOMMENDATIONS I. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KA- 07-12 and recommend that initial zoning of the 7.6 acre site be R-3 on the zoning district map for the property. II. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report I PP- 07- 08 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of Mountain Vista Estates Phase IV, 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. (Kalisped Subdivision Regulations, Appendix C -- Final Plat) 14 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 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. 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) 5. The road connection planned at the southern portion of the subdivision to Cottage Gardens shall be adjusted to meet city design standards and is subject to review and approval from the Kalispell Public Works Department. The adjusted road location shall be shown on the final plat and a letter from the Public Works Department obtained stating the design is approved. 6. Water and serer 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 surer 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 serer mains have been built as designed and approved. (Kalispell Design and Construction standards) 7. 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. 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) 8. 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 15 Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 9. 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) 10. The following note shall be placed on the final plat, "lots within the subdivision may be in areas where the water table is high and that special consideration in the construction of crawl spaces and basements in those areas is recommended." 11. 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) . a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire code (2003) Appendix R. b. Fire hydrants shall be provided per city specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire code (2003) Chapter 5. d. 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. e. street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parldng fire lane." 12. A temporary cul-de-sac at the south end of the project shall be constructed at the southern terminus of Mountain Vista Way if the road through the Cottage Gardens subdivision is not in place prior to final plat. (Kalispell Fire Department) 13. 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) 14) The area designated on the plat as common area shall meet the parkland dedication requirements provided that it is developed as followed: a. Access to the common needs to be placed between lots 12 and 13 -- rather than between lots 11 and 12 to provide a more direct access. b. A mowed path consisting of native grasses shall be provided from the cul-de-sac as well as along a leisure trail, running north and south along the Spring Creek riparian area. The moored trail intended fro leisure 16 within the com- mon area shall be located to the furthest west of the creek possible and absolutely outside of the 50 foot natural buffer area (Fish, Wildlife and Parks) d. Four benches shall be installed along the Spring Creek mowed trail running north and south. e . A rn nip urn of three interpretive signs shall be placed along the trail running north and south. The signs should be coordinated with the Fish, Wildlife and Parks Department (FWP). Additionally, the signs need to be made out of a metal thick enough to prevent vandalism and placed upon a mount that is sturdy enough to prevent vandalism. The developer shall provide the Parks and Recreation. Department with the improvement plan for the department for review and approval. The developer shall install the improvements prior to final plat in accordance with the approved plan. (Kalispell Subdivision Regulations, Section 3.19, Findings of Fact, Section D, Parks and open Space) Note: Any work within the floodplain requires a floodplain. permit. 15. The 20-foot easement to the common area that shall be relocated between lots 12 and 13 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) 16. A parr maintenance district shall be formed incorporating all the lots within the Mountain Vista Estates Phase IV 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. 17. A 100 foot building setback from the high waterline of Spring creek and the 50 foot natural buffer shall be shown on the final plat. (Findings of Fact, Section c, Surface and Groundwater) 18. 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) 19. 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) 17 20. All existing and proposed easements shall be indicated on the face of the final plat. 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) 21. 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) 22. 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 site shall not impact a sidewalk or proposed boulevard area. (Kalispell subdivision Regulations, section 3.22) 23. 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)) 24. 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)) 25. A homeowners association for the subdivision shall be created that includes a provision for the maintenance of the common area along spring Creek, including the mowed path, 50 foot natural buffer, benches and signs. (Findings of Fact, section D, Parks and Open space and project proposal) On going ditions-, 26. All utilities shall be installed underground. (Kalispell Subdivision. Regulations, Section 3.17) 2 "' . All areas disturbed during development shall be re --��egetated with ageed-free mix immediately after development. is of Kali..., 35 1" Ave East — P O Box 1997 —Kalispell MT 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: cfincher@kalispell.com Parks and Recreation TO: Nicole Johnson, Planning Department FROM: Chad Fincher: Park Superintendent CC: Mike Baker: Parks and Recreation Director SUBJECT: Mountain Vista Phase IV DATE: June 28, 2007 The Parks Department met with Narda Wilson on June 1.7, 2007, to discuss the fourth phase of Mountain Vista. The following are the reconunendations from the parks department regarding the common area located east of the project. 1. Move lot twelve (12) over towards lot eleven (11) and separate lots twelve (12) and thirteen (13) to provide a more direct access to the common area 2. A mowed path should provide access from the cul de sac to the common area. A mowed strip of native grasses will provide a leisure trail running north and south along Spring Creek. 3. The horse pasture must be mitigated to prevent pedestrian animal conflicts. 4. Four benches to be installed along the Spring Creek mowed trail running north and south. 5. A minimum of three (3) interpretive signs placed along trail running north and south. The signs should be coordinated with FWP. The signs need to be made out of a metal thick enough to prevent vandalism and a mount that is sturdy enough to prevent vandalism. It should be noted that at this time the Parks Department has not reviewed or approved a landscape plan for Phase IV. West Vallcq 5CkOOI 2290 rarm to Mar6t RoaJ, K,_ali,5pell, Montana 59,9,01 CC 2 June 15, 2007!"� 1 8 DD 200) City of Kalispell Planning Department I�ALGPEL _ PLANNING DEPAI?T,`0E1NT 17 - 2nd Street East Suite 211 Kalispell, MT 59901 RE: Proposed development project "Mountain Vista Estates" Dear Planning Board, In regards to the proposed development by Touchstone LLC for 19 lots in the West Valley School district. As per all of the development that is occurring the same concerns exist. Where to place the students in a school that is nearing overcrowding? As developers continue to build structure we must look at impact fees that help to off set casts for area schools to be growing at the salve rate. As with any development we can be assured there will be children coming from these areas. We, as always, plan to do the best job in our means to provide a positive and impacting education. Sincerely, Tod A Fiske C Superintenden West Valley School Fis�e `5uperintenJent/Principal * Dan AnJcrson olU,)t-A5�-s:) Estant F'rincipaI i11dc9. coley - istt G I ricer * }ancgser wrsrrcf lecreart From: Deleray, Mark [MDeleray a@mt.gov] Sent: Thursday, June 28, 2007 5:17 PM To: Nicole Johnson (E-mail) Subject: Phase 4 of Mtn Vista Estates Nicole Johnson, Thank you for the opportunity to comment on Phase Four of the Mountain Vista Estates development proposal. As lands on the westside of Kalispell become increasingly developed the need to protect water courses also increases. cumulative negative impacts associated with urban development such as overland runoff, pollutants and storm water drainage threaten the high water quality we all enjoy. Can the eastside of this development in a spring creek with good riparian habitat that is in need of protection. Montana Fish wildlife and Parrs recommends a minimum of 100 foot building setback with the first 50 feet in a natural riparian buffer, consisting of natural vegetation that excludes fertilization or lawn mowing. This protection will help maintain stable stream banks, filter upland pollutants and provide natural habitat. Mark Deleray Fisheries Biologist Montana Fish wildlife and Parks 490 North Meridian Rd. Kalispell, MT 59901 (405) 751-4543 mdeleray@mt.gov DRAFT DECLARATION of CONDITIONS AND RESTRICITIONS FOR MOUNTAIN VISTA ESTATES PHASE IV TI-II S DECLARATION is made this day of 20 by Touchstone LLC, hereafter referred to as "Declarant", WHEREAS, Declarant is the owner of certain real property to the covenants, conditions and restrictions hereinafter set forth, each of which is and are for the benefit of said property and for each owner thereofa and shall inure to the benefit of and pass with said property and each and every parcel thereof, and shah apply to and bind the successors in interest, and any owner thereof, WHEREAS, Declarant is desirous of subjecting said real property to the covenants, conditions and restrictions hereinafter set forth, each of which is and are for the benefit of said property and for each owner thereof and shah inure to the benefit of and pass with said property and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; NOW, THEREFOR, the Declarant hereby declares that the real property hereinafter described is and shall be held, transferred, sold and conveyed to the covenants, conditions and restrictions herein flex set forth; I. The undersigned do hereby certify and declare that the following reservations, conditions, covenants and agreements shall become and hereby are made part of all conveyances of property owned by the undersigned, within the Plat of Mountain View Estates Phase IV as the same appears in Plat recorded in the office of the Clerk Recorder of Flathead County, Montana, of which conveyances and agreements shall become a part by reference herein and to which it shall thereupon apply as fully and with the same affect as if set forth at large herein. In the event that it appears to the advantage of this platted subdivision that these restrictions should be modified, then and in that event, any modification desired may be made by affirmative vote of 80% of the then owners of lots within this subdivision and evidence by suitable instrument filed for public record; or if such event occurs during the development period such modifications or waiver of non- conformity may be evidenced by special permission granted in writing by the undersigned or it successor interest. 2. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than the one detached single family dwelling with not less than a two car garage, not to exceed two stories, plus basement, in height, not to exceed 3.5 Ft. and a private garage for not less than one car. However, the foregoing provisions shall not be interpreted to exclude l�l construction of a private greenhouse, garden shed, privates ' g pool, or shelter facilities, or port for the protection of such swmmmg pool, or other recreational facilities, or for the storage of a boat and/or a camping trailer kept for personal use, provided the location of such structures are in conformity with the_ applicable municipal regulations, and are compatible in design and decoration with the residence constructed on such lot. 3. The main floor area of the dwelling structure, exclusive of basement, open or screened porches and attached garages, shall be no less than 1400 square feet for a dwelling of one story or 1450 square feet for a dwelling of two stories, with no less than 1000 feet on the main level. Split level dwelling shall contain a minimum. floor area of 1800 square feet, with all levels, exclusive of garage area within the dwelling unity, included in computation of footage for such spilt level dwellings. Tn' level dwellings shall have a minimum of 600 sq. ft. of living space per level. All single fan-fily dwellings shall have no less than a two car garage. 4. All structures and appurtenances shall comply with City of Kalispell R-3 zoning. 5. Each owner of a lot with the subdivision shall construct a concrete driveway from street to garage prior to occupancy of the dwelling. When after the owner shall rnazintain and repair their driveway. Structures shall be guttered and the run off water shall be retained on site. 6. No noxious or offensive activity shall be carried on upon any lot, nor shall. anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, including but not limited to skateboard ramps, in or adjacent to, any of the streets. 7. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. 8. No sign of any kind shall be displayed to the public view on any lot except one professional sign, not more than five square feet, advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and sale period. An appropriate entrance sign is excepted here from. 9. No , livestock or poultry of any kind shall be raised, bred, or kept on any lot; other usual household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose, and provided that they are not permitted to cause damage, constitute a nuisance, or run at large in the neighborhood. 10. No house trailer, camper, boat or trailer of any type shall be stored or parked in the front yard or driveway portion of any lot, or on any street within the subdivision; such storage area must be behind adjacent building line. 11. No building shall be erected, placed, or altered on any lot until the construction plans and specifications, and a plan showing the location of the structure, have been approved by the Architectural Control Committee, as defined below, as to quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the budding setback line, unless similarly approved. 12. The Architectural Control Comunittee shall initially consist of (2) persons designed by the undersigned ("Initial Committee"). Upon the erection and completion of family dwellings, intended for separate occupancy and ownership, on all of lots within the subdivision, the Initial Committee shall turn control of the Architectural Control Committee over to the residents of Mountain vista Estates Phase Iv, whereupon a majority of the residents shall appoint (4) members from within the subdivision. All appointed members from the subdivision shall serve a (1) year terra. In the event of death of resignation of any member of the committee, the remaining members shall have full authority to designate a successor for the balance f that member's term. The members committee shall not be entitled to any compensation for services performed pursuant to this covenant. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee fails to approve or disapprove within. 30 days aver plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval willnot be required and the related covenants shah be deemed to have been fufly complied with. The Architectural Control Committee will approve plans and placement of house on each lot at their own discretion and will not be responsible, or liable in any event if� in the course of decisions, a house should block a portion of all of another's view, or of any other dispute that may arise form the committee's decisions. 13. Approved projects must be completed within (6) months after issuance of a building permit. Failure to complete work within the prescribed time will cause the approval to be rescinded and resubmittal will be required. The Architectural Control Committee may grant an extension under extenuating circumstances brought to its attention. 14. Regarding the physical structure (Le. family dwelling and fencing) itself, the fo llo wing will apply. - Roof: The roofing shad be composition material, or getter, with a. mm' u* um 20-year warranty. Siding: Siding must be applied over the sheeting of a framed wall. Fencing: All fencing shah conform to city standards regarding height. Painting.- All house colors must be approved by the Architectural Control Committee. 15. Trees and shrubs or landscaping of any kind willbe kept neat and orderly. The front yard landscaping of each lot must be completed within three (3) months from the date of completion of a family dwelling structure constructed thereon or prior to occupancy, whichever event shall first occur. In the event of undue hardship due to weather conditions, this provision may be extended upon written request to the Architectural Control Committee. At least one tree must be planted in the front yard prior to occupancy. 16. All vacant lots and lots with partially constructed improvements shall be kept clear of any construction debris, and weeds and grass shall be kept mowed and not allowed to grow to a height of more than. six (6) inches. 17. No outdoor overhead wire or service drop for the distribution of electric energy. All owners of lots within this subdivision, their heirs, successors, and assigns shall use underground service wires to connect their premises and the structures built thereof to the underground electric or telephone utility facilities provided. An entrance panel of not less than 200 arnp capacity and a District approved type meter socket connected to a rigid metallic conduit of not less than two (2) inch diameter extending from the meter to not less than eighteen (18) inches below the finished ground surface, all to be installed and maintained at the expense of the builder or owner of said dwelling, in conformity with applicable codes and regulation; it being the intent herein that the homeowner shall also own, install and be responsible for the maintenance of underground service conductors from the point of the Public Utility District's delivery point on the property line to the service entrance panel on the residence. One television antenna is allowed. 18. No oil drilling, oil development operations, oil refining, q g, or mining operation of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structures designed for use in boring for natural gas shall be erected, maintained or permitted upon any lot. 19. No lot shall be used or maintained as a dumping ground. Rubbish, trash, garbage, or other waste shall not be kept except in sanitary containers, pending collection and removal. All incinerators or other equipment for the temporary storage or material shall be kept in a clean and sanitary condition. 20. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded; after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless an i.nstr�unent signed by majority of the owners of the lots has been recorded, agreeing to change said covenants in whole or in part. 21. Enforcement shalt be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation, or to recover damages. Invalidation of any one of these covenants by judgment or court order shall in no moray effect any of the other provisions, which shad remain in fait force and effect. BY: Date: STATE OF MONTANA ) :SS County of Flathead ) On this day of _,. - -, , before me, the undersigned, a Notary Public for the State of Montana, personalty appeared Touchstone LLC, known to me to be the person whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and armed my Notarial Seal the day and year in this certificate last above written, Notary Public for the State of Montana residing at My commission Expires STATE OF MONTANA ) :ss County of Flathead } Recorded at the request of this day of at recorded i the records of Flathead County, State of Montana. Fee $ Pd. RECEPTION NO. o'clock . M and Flathead County Clerk and Recorder RETURN TO Deputy DECLARATION OF HOMEOWNERS ASSOCIATION BY-LAWS OF MOUNTAIN VISTA ESTATES PHASE Iv THIS DECLARATION is made this day o f _ . .20 _ by Touchstone LLC, hereafter referred to as "Declarant", WHEREAS? Declarant is the owner of certain real property to the covenants, conditions and restrictions hereinafter set forth, each of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of and pass with said property and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; WHEREAS, Declarant is desirous of subjecting said real property to the covenants, condition and restrictions hereinafter set forth, each of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of and pass with said property and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; NOW, THEREFOR, the Declarant hereby declares that the real property hereinafter desen'bed is and shall be held, transferred, sold and conveyed to the covenants, conditions and restrictions hereinafter set forth; ARTICLE I PR ORPP TV The real property which is and shall be held, transferred, sold and conveyed subject to the covenants, conditions, and restrictions hereinafter set forth, is located in Flathead County, Montana., and is more particularly described as follows to wit: ARTICLE II DEFTNITIOS 1. "Association shall mean the association of the lot owners of the property known as Mountai Vista Estates Phase IV 2. `Owner" shall. mean the record owner of a fee stele tide to any lot that is a part of the Property, and shaU include contract buyers but not contract sellers. I "Property" shall mean the real property described in Article I, paragraph. 1 above. 4. "Common Area" shall mean all real property owned by the Association for the Common use and enjoyment of the owners but not limited to parrs, trails, roadways, easements, well sites, community cater system, recreational facilities, and surface or storm water collection and drainage systems. 5. "Lot" shall mean all. lots ARTICLE II Pt3RPOSE The property is subject to the covenants, conditions and restrictions hereby declared to insure the best use and the most appropriate development and improvement of each building site thereof, to protect the owners of building sites as will appreciate the value of their property, to preserve so far as is practicable the natural beauty of said property; to guard against the erection thereon of structures built of improper or unsuitable material; to encourage and secure the erection of attractive homes thereon; to adequately provide for a high quality of improvements on said property and thereby enhance the values of inaprovernents made by purchasers of lots, to be responsible for operation and maintenance of the water system, waste water and storm water facilities in accordance with requirements set forth by the Montana Department of Health and Environmental Sciences and be responsible for upkeep of the subdivision and eonunon facilities. DEFfMTION OF OWNERSHIP Section 1.07. "Lot" shall mean and refer to each of the 20 parcels of land which are shown on the Plat of the Project which are intended for andil idu.al ownership. Section 1.08. "Lender" shall mean a mortgage holding a first mortgage on any Lot or a beneficiary holding a first deed of trust on any Lot. Section 1.09. "Owner" shall mean and refer to the record owner, whether one or more persons or entitles, of fee title to any Lot, including contract sellers, but excluding those having an interest in a Lot merely as security for the performance of an obligation. Section 1.10. "Plat" shall mean and refer to the plat of record in Case of Maps, in the official records of the County Recorder of Flathead County, Montana by which Declarant has subdivided the Project. Section 1.11. "Project" shall mean and refer to all real property described herein, and such additions thereto as may hereinafter be brought within the jurisdiction of the Association. Section 2.01. Easements_ of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title in every Lot, subject to the following provisions: (a) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area. (b The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid: and for a period not to exceed sixty (60) days for any infraction of the published Association Mules (c) The right of he Association to dedicate, transfer or grant easements to all or any part of the Common Area to any public agency, authority, or utility for such purpose and subject to such conditions as may be determined by the Board, including the right to transfer all or part of the Common Area to the Mountain Vista Estates Phase IV Property Owners Association, Inc. Section 2.02. Delegation of Use Any Owner may delegate his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside in the Project. ARTICLE VI MEMBERSHIP AND VOTING RIGHTS Section 3.01. Membership. Every Owner of a Lot, which is subject to assessment, shad be a member of the Association. Membership shall be appurtenant to, and may not be separated from ownership of a Lot, which is subject to assessment. Upon transfer of title to any Lot, the new Owner shall automatically succeed to membership in the Association. Section 3.02. VotinZ Classes. The Association shall have two classes of voting membership. Mass t.A: Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. when more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as the members arnong themselves determine, but in no event shalt more than one vote be case with respect to any Lot. Class B: The Class B member shall be the Declarant. The Declarant, as the Class B member, shall solely be entitled to vote in Association affairs and shall elect all members of the Board of Directors until the Class B membership shall cease and be converted into Class A membership. The Mass B membership shall cease and be converted into Class A membership not later than 120 days after the happening of either of the following events, whichever occurs earlier. a. when 9 5 % of the lots ira the Project have been sold to owners by the Declarant, or b. On January 15, 200 Section 3.03. Board of Directors. The governing body of the Association shall be the Board elected pursuant to the Bylaws. The Board shah. consist of not less than three 0 nor more than five () members. The Board may act to increase or decrease its membership within the aforesaid limits and to fill vacancies in its membership for the unexpired portion of any term.. Except as otherwise provided in the Declaration, the Bylaws, or the Association Pules, the Board may act in all instances on behalf of the Association. The Board shall adopt the Bylaws and Association Rules. DATED this day of , Mountain Vista Estates Phase IV Bv: 4-/ Touchstone LLC 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 before me Touchstone LLC, known to me to the be the person whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WBEREOF, I have hereunto set my hand and axed my Notarial Seal the day and year in this certificate last above written. Notary Public for the State of Montana Residing at My CoMnlission Expires - STATE OF MONTANA ) SS. County of Flathead } Recorded at the request of This day of -_� -- _, _ at O'clock M and recorded in the records of Flathead County, State of Montana. Fee $ Pd. RECEPTION NO. RETURN TO Flathead County Clerk and recorder Deputy OWNER/FOR: TOUCHSTONE LLC Preliminary Subdivision Plat of PURPOSE: SUBDIVISION MOUNTAIN VISTA ESTATES PHASE 4 DATE: MAY 7, 2007 SE 1/4 of the SW 1/4, Section 2, T28N R22W, P.M., M. Flathead County, Montana 89'45'WE 3265W IA Lot 9,246 Sq��. XF '46t �6 S L11 \ 0 \ \ \ .\ ' 100. OD ELOJD: BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS NOT DETERMINED) \ YA DRkOt COMMI NPANEL MAR. 300033 1805 D 92.9J q, - \ - - - - Lot �. 45,658 Sq Ft. t Lo �11,144 Sq. o o �r►riror7e F� - -y - - v s 2.2 \ Lot x15 11 9,168 Sq.% 1 P - � 14,t}2�� N \ W n � a ¢ _ \Lo t- 7,414Sq�Ft. �' W A,z l a N B9'S0 9'E 120.0'//- vv v \ 4a2 5 �531\ D 60' DE[�ICATED CITY STET R 00 / 1-2 11 I / BRIDGE \,201 Sq. O \ 1 1iS v/ //// / / I \ Lot' Z N SCALE: I" S 0 o S 17\,201 Sq. Ft. Lot 1 1 / J LINE TABLE / ,5ry ; / •/ LINE BEARING LENGTH O 9,483 Sq. Ft. Lo 11 �" _ _ 4 H 6 ' e 0a9E 120_ ' 3 /: (( -/ L2 039 9.1' \ 10,157Sq. FtI / �� / L3 ' /� / L5 '4 10' 0,6 \ ?.,.lJ t( 5 \ 1 1 1 I I^}� I I I I I f l//, l / L L6 N3 4' 9 ]5' \ 1('20i Sq- t. -THRF.D OF SPRING CREEK - -/ 19,2' \ �T J2 J5' 62.26' LID '1]a0' 3. J 950'49" - 1 Ot' N89'S0'49 E 35.01' /// Ll1 1' 1 3.6 ' /1 L13 09' 61, \ Lot 9 // / . / / L14 ' '04-W 1. a' \ t� \ 8,776 Sq. Ft. - I ! //// / - .L17 N s,' 8.48, 9,291Sq. Ft. / 'I I I/I� - a 4' L19 1 '1 ]'48= 9' \N84'S0' 9'E t2 Ot \ rv89'10'49"E 135.Ot' W I �II I . - - ` . . . // LU1 'S,5' W 5.87, ''' - - - - -// L22 '44'1 'W 59' Sq LZ3 14'0614'W .56' L2a I 'w 7 of 8 L25 'S W'W 17 -45' \ ll t \500 I '3A 20' \� II I� �J I I III I I L26 1 1 6W 1945 5) 14,38 .10 5 1 R3-15. 2' ` 5.00' L2] 4 '4 4 ' \ 8.9 8 S Ft. 9 0 '4 '4 3*E 4. 9 9 L29 4' '09- T. 2' 82} F L30 'W I l 22. L= 3.9 6a 1a6. 1 69 L31 S865 56'W .4 S59'Sn a9"w a63.26 \ f \ 21 L32 'aa'1a'w e L33 4] 4 ' L35 5 _92' ACREAGE TABLE LOTS..... .... 4.23 COMMON AREA...... _.. . 2.29 DEDICATED CITY STREET. . 1A3 },.. 6.52 A<. VICINITY MAP I" = 5000' TRACT MAP ,-_r n' 1 ii t} t A 3 $ t t� } 1 A r' 1 f P A `SW 3 ' 340 t Y J 1 ICAIra ve � 8A t4 " IF L A 9B l0A 1�H 1l 12 1♦ r 4 4 `fa fi 100E 3 1 BD LEDA e 2 � aA .� •1BB 1 O 3 F CC 0 i .LEH. 'A City of Kalispell H i JUN 04 2007 Planning Department n r 17 - 2"dStreet East, Suite 211, KalispelL Montana 59901 Telephone. (406) 751-1950 Fax: (406) 751 W 1858 PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: �O%IGF�9O/li4 kLL-_ MAIL ADDRESS: /1/ 1WIP/hN RD CITY/STATE/ZIP: Sf PHONE: 6 781 INTEREST IN PROPERTY: 6 iNNGA� Other Parties of Interest to be Notified: PARTIES OF INTEREST: W140AI MArl. ADDRESS: o. 8a)4 �76 I- CITY/STATE/ZIP: W111l��15of Ml 5Y9�7 PHONE: INTEREST IN PROPERTY: �d'Lf�ftl/G,��- tFll' y�ST/ri�LG� PLEASE COMPLETE THE FOLLOWING: Address of the property: �0�1(� Legal Description: (Lot and Block of Subdivision; Tract #) 5 oz r ;,,# iv g 2z w (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac) /. 43 The present zoning of the above property is: The proposed zoning of the above property is: 0 f- %�L/SP�L1— � ' ✓� State the changed or changing conditions that make the proposed amendment necessary: � c/1Y *0 � KA��/5�-. .... .. .... 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 Manning staff to be present on the property for routine inspection during the annexation process. b b (Apph ant, (D te) Return. to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL 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 7-2-4610, 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 expyr an intent to have the property as herein described withdrawn from the VV� Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated• 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. Petitioner/O ner bate Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to he annexed. STATE OF MONTANA } ss County of Flathead County On this day of �,,' 7, before me, the undersigned, a Notary Public for the State of Montana, personally appeared :fAVJD ' Lh- 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Name T�TkRYAAJM PgTe- Printed Residing at IiLyf_Sl I a, My Commission expires: / w7o 6)1 t STATE OF MONTANA ) ss County of Flathead County On this _ day of _ , 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Printed Name 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 written. Notary Public, State of Montana Printed Dame Residing at My Commission expires EXHIBIT A LEGAL DESCRIPTION FOR MOUNTAIN VISTA ESTATES SUBDIVISION ANNEXATION AND INTIAL ZONING P9CCCI B niE US / %/ZO tract of land sltuo to d. lying and b el�g in the I14 of the SE114 o,#Or the SE- 114 of the SW 114 of Section 2+ To wos 1p R8 Nor t* 0 g* ZZ W*st, Prinoipo/ Meridian, Flathead Coon lit Man ton o# more p or ocularly de scrlb a d as folio ws. 'o ancif9 OY Me ceftter-soulfi 1116 Corner off` section ; p once 69'04 " S" o distance of 6 , 43' to hie TRUE POIAtr l' BE tl lit l Menoe 1V 89 0,1t 5 " o dls tenet e of 3 .4-9-'to the thread of Spring Cr&4 thence along said oree?* they following courses: s 14033'02x# E a dis&aces of 3 _ '' to a Powt; 0*43'5 ",c a dislewc& of 29. 9" 10 o POW; S 8 039 t38 #' o lstonoe of 37, 06" to o polol; S 18' 2'43 E o ellstonoa of 44.18 # fo o point, 6 046 Y-6 o distances of 10. 68 to o pot.7t; N 2'R7f0 " F o distance of 1 ' to o ol'lt 32'OW"' o ellstanee of .� 73' to a polhtt N 75"21'0 " a dlslanae� of 10. t" 10 a point; 53 `58 `0 7" E o dlsfonoe of 19, `4 "to o point, ` 00021146""E dfsl000& of 13! 6' to o point; 5202 ': '" E a &Flonese of 3. 63' to 0 01 4 N 3 "38'4 " E o d s tape of 34.32 ! to o poffly; s 0#40 5'* E o dfs#onoe of l' 5' to o polo/; 00' 33' 8'' W o dls!once of 1 9' to o poiN; ` 340 6t3 't' o distance of 40. 0` !o o point; 30 041 8" E o distaftee o f 34. 79' to o p oln t; 81306'34 E o dlslonce of 28.46 ` to o point; 5 "3 '3 ' E o dis lance o f Z5.5Z # to o p oln 1, S 1'01` 4 E a distance of 6. 4' to o point, S 8'l'1 o distance of 5 85" to o oolot. 81011`39 o dlstooe of 4. 6t ?o o point; 504'06" W o oflstonoe of 8.7' to o point; S 14,00 *06„ o distance of J.33' to o point; s W o dlsloacer* of ,3. 4 # to o p of t, s *49 `00't 'a distance of /7 6 ' to a poffl f* 1904 ?'W " W o &s lanoa of 1.. 43 # to o pointy 44*44 W " Ea disloftoe of 14.3 7" to o point; O O O38 t3 �" W o di - stance o f 34. 8 6' l o o p olo t; 4 `30 " E o ails fotwe o f 2 7.35 ' to o p olnl; 8'00'41" W a distance of 20.14 "to o 4pono�, S 86249 0"W o d1s1 onoa of 48.38' to o point. 46'00 `08 **` W a etlsl000e of 80. 1' to apoint; s 16 04 ' 5 t' o oils toao e of . 6 ' f o o oily l; S 09*03 �53 ft E o' distance of .39.87' to o pojot; 76 *2 ' 0""Ew o distance of 5 .88' to o pol l: ` 01103 '39" Ea distence of 14.18' to a point; thence leaving sia1d ore?etr S 8 14'0, " " a distance of 483,31" to o 5 8' mbar: l eve eN 00'0.31t?J"W o dislance of 658. 4' l a c olol of He_ginaMg; onlol 'g 763 acres more or less_ rogrelher wills ood sebjea of to o/l easements as sfio wn and of record. UU � UN Pi � R_­_`1 $JIV J ty C10 of Kalispell 04 2007 Planning Department KA 1 - I S P E L L P L MIN INI G D LE PA R T fvl E IN T 17 - 2na Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION FEE SCHEDULE: FEE ATTACHED �07 Major Subdivision (6 or more lots) $750 + $105/lot Mobile Home Parks &Campgrounds (6 or more spaces) $750 + $105/space Amended Preliminary Plat Amendment to Conditions Only $350 base fee Re -configured Proposed Lots Base fee + $40/lot Add Additional Lots or Sublots Base fee + $105/lot Subdivision Variance $100 (per variance) Commercial and Industrial Subdivision $950 + $125/lot SUBDIVISION NAME: OWNEI(S) OF RECORD: Name � i�G��,tD/1 `� Ll.�. Phone y l " 7s.5 47by Mailing Address City ..AAL /V.,L,_. State Zip .S9912- TECHNICAL/ PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): IF rw ffr�YIYAMIA* I d 1AIJAIII .9411 sm Name &Address 'YX P� Maine 8-& Address LEGAL DESCRIPTION OF PROPERTY: Property Address Np_&�.. A�5J� Assessor's Tract No(s) J �fA Lot No(s) iv LIr 1/4 Sec _* Section O Z Township �_ Range Z2 GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces Total Acreage in Subdivision 1 6 3 Total Acreage in Lots �7'� D 6 Minimum Size of Lots or Spaces Total Acreage in Streets or Roads . Z $ Maximum Size of Lots or Spaces Total Acreage in Parks, Open Spaces and/or Common Areas '4 Z 9 I PROPOSED USE(S) ANDER OF ASSOCIATED LOTS/SPACES: Single Family �._ Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi --Family Other APPLICABLE ZONING DESIGNATION 86 DISTRICT 1/21 A "3 ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS ! 4L& IMPROVEMENTS TO BE PROVIDED: Loads: Gravel Paved Curb _ Gutter Sidewalks Alleys Other Water System: Individual Multiple User - Neighborhood Public Other Hewer System: individual Multiple User � Neighborhood Public Other Other Utilities: Cable TV 'telephone -,X.—Electric _Gas � X Other Solid Waste: Home Pick Up Central Storage Contract Hauler ,��Owner Haul Mail Delivery: Central _Individual �+ - School District: Fire Protection: HydrantsTanker Recharge Fire District: � - Drainage System: 2!79 PROPOSED EROSION/SEDIMENTATION CONTROL: n/�atuR1��1� AR�rh vJ�r�t �l� t2t� �l/u - �I�b��l ��S�g.J 6pitlrRv<. WJ44. Pkz PART 0P Aril 444gaN0j9tAP A�ictAg� )!%� VARIANCES: ARE ANY VARIANCES REQUESTED? (yes/no) If yes, please complete the information below: //Q SECTION OF REGULATIONS CREATING HARDSHIP: N '1A- EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE WITH REGULATIONS PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE RErGULATIONS.- 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? W-111-A 2. will the variance cause a substantial increase in public costs? 3. will the variance affect, in any manner, the provisions of any adopted zoning regulations, Master Plan or growth Policy? '0V /j4: 4. Are there special circumstances related to the physical characteristics of the site topography, shape, etc.) that create the hardship? 5. what other conditions are unique to this property that create the need for a variance? 3 APPLICATION CONTENTS: The subdivider shall submit a complete application addressing items below to the Kalispell Planning Department at least thirty five (35) days prior to the date of the Planning 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. (See Appendix A of Subdivision. Regulations for the city where the subdivision is proposed.) 4, one reduced copy of the preliminary plat not to exceed I I" x 17" in size. 5. Application fee. b. Adjoining Property owners List (see example below and attached notice from county Plat Room) : Assessor# See -Tarn- LotlTract No Pro a owwner & Mgj4M 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 best of my knowledge. Should any information or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. NJ /.' WAZ' -, � , N%r w- • il 6 yt /'q -- � (Date) pity of Kalispell PIanaiag Department 17 - ?`d Street East, Suite 42211, Kalispeh, Montana. 59901 `telephone: (406) 751-1850 Fax: (406) 751 -18-'58 website: kalispellplanni g.eom XEMORANDUM TO: Kalispell City Staff Other interested Parties FROAL Sean Conrad, Senior Planner RE: June 14thSite Review Committee meeting BATE: June 6, 2007 The Planning Department has received the following applications for review: ■ A request by Montana sky Networks to construct a tower which exceeds the permitted 40-foot height limit in the H--1 (Health Care) zoning district. The proposed tourer would serve Montana Sky Networks, an internet provider, and be 60 feet in height. section 27.12.404 of the Kalispell zoning Ordinance allows structures up to E 0--feet in the H-1 zoning district provided a conditional use permit is first obtained. The proposed tourer would be located on the south end of the existing building located at 1286 Burns way, the current location. of Montana sky Networks. The property can be legally described as lot 13 of Highland Park Professional subdivision located in Section. 6, Township 23 Forth, Range 21 West. • A request by Touchstone LLC for annexation, initial zoning and prelu' nmi ary plat on a 7.6 acre tract of land located off of Three Mile Drive. The owner is requesting to annex into the city of Kalispell and has requested the R-3, Urban Single Family Residential, zoning district. The owner has also applied for a preliminary plat to create 19 lots ranging in size from 7,000 square feet to approximately 15,600 square feet. The tract of land is located immediately east of Mountain. Vista Estates Phase 1 subdivision and can be legally described as Assessor's 'tract 1BFA located in section ?, Township 8 North, Range )1 west. • A request by Ashley Heights, LLC for annexation and initial zoning on a 11.1 acre tract of land located on the south side of sunnyside Drive approximately 500 feet west of the intersection of Sunnyside Drive and Ashley give. The owner is requesting the R-2, Single Family Residential, zoning district upon annexation into the city of Kalispell. The owner has also applied for a preliminary plat to create 26 lots ranging in size from 9,600 square feet to approximately i , 880 square feet on an 8.5 acre portion of me i ! .1 acre tract of land. There is a currently a house, addressed as 1204 Sunnysid.e Drive, and a shop located on the 11.1 acre tract of land. The tract of land can be legally described as Government Lot 1, Assessor's Tract 10 located in Section. 19, Township 28 North, Mange 21 West. ■ A revised preliminary plat request by Wayne 'Turner to create 396 single family residential lots and 184 condominium units located within 17 multi -family buildings. The subdivision is proposed to be developed in six phases and includes a park and open space areas along Ashley Creek. The owner is also requesting a growth policy amendment on a portion of the 140 acre site, annexation and initial zoning of R-3, Urban Single Family Residential, and a Manned Unit Development (PTJD) overlay zoning district on the entire site. The project site can be described as `tracts 7AB, 1, IF, I FA, I DA, ID, 1 E, 1 BB , 1BA, 1B, 1FB, and 1AI in Section 13, Township 28 North, Range 22 West. If you need additional information regarding the above proposals please call me. Any comments on the above projects should be in to the Planning Department by June 2 5 th. The Site Review Committee meeting is held at 10.00 a.m. on 'Thursdays at the Building Department located at 411 -- lst Avenue West in Kalispell. 'Thank you for taking the time to review and comment. c: w/ attachments: Mike Baker, Parrs and Recreation Director Paul Burnham, Civil. Engineer Frank castles, Dep. Public works Director /Asst City Engineer Jeff Clawson, Plans er Mark Crowley, construction Manager Chad Fincher, Parrs Superintendent Jim Hansz, Public Works Director/ city Engineer Charles Harb all, city Attorney Roger Krauss, Assistant Police Chief Craig Kerzma.n, chief Building Inspector James Patrick, City Manager F . Ray Ruffatto , Fire Department Inspector P.J. Sorensen, zoning Administrator Susie Turner, Stormwater Engineer Sandy wheeler, community Redevelopment c: w/ attachments: Agencies Jinn Atkinson, Eagle Transit James Freyholtz, MDT, civil Engineering Specialist B.J. Grieve, Assistant Director, Flathead County Planning and honing c. w/o attachments: Applicants CERTIFICATION APPLICANT: Touchstone, LLC / Mountain "Vista Estates FIDE No: KA-07-12 & KPP-07-08 I, the undersigned certify that I did this date maid, via First Class Mail a copy of the attached notice to the following list of landowners ad4joining the property lines of the property that is requesting annexation & initial zoning; and preliminary plat. S-T R. 2-25 22 Tract/Lot: 1BFA Property owners: Touchstone, LLC 1289 N. Meridian Road Kalispell, MT 59901 Narda Wilson P.O. Box 1767 Whitefish, MT 59937 Sands Surveying 2 Village Loop Kalispell, MT 59901 Date: `�` /;��,d 7 AND ATTACHED LIST Touchstone, LLC Narda Wilson NWMT Holdings, LLC P.O. Box 1767 1289 N. Meridian Road whitefish MT 59937 Kalispell, MT 59901 ' Robert & Patricia B eb erg Timothy 8s M arci Knoll P.O. Box 7953 6 Carnegie Drive Kalispell, MT 59904 Kalispell, MT 59901 Joe Bottomly Charles 8. Eve Dixon Sheila Conners 410 Lake Hills Lane 250 Lakeshore Drive KalispellMT 59901 Kalispell., MT 59901 P ' Matt Anderson Construction. Chris Vi.dulich 243 Buttercup Loop P.O. Box 85 Kalispell, MT 59901 Somers, MIT 59932 Jaynes Bailey Bret Ss B. colleen. Taylor 292 El Rancho Road 242 Fairview Drive Kalispell, MT 59901 Kalispell, MT 59901 Appex 1, LLC Samantha Nichols Fetveit 10 E. Roanoke Street, Ste 8 P.O. Box 8173 Seattle, WA 98102 Kalispell, MT 59904 Marquardt & Marquardt Surveying 285 --- 1-st Avenue EN Kalispell, MT 59901 Carleen Severson 685 Three Mile Drive Kalispell, MT 59901 Hathaway Holdings, LLC P.O. Box 329 Kila, MT 59920 Jeffrey `I timer 332 E. Bowman Kalispell, MT 59901 Jeremy Selders P.O. Box 5129 Kalispell, MT 59903 City of Kalispell Attn: City Clerk P.O. Box 1997 Kalispell, MT 59903 City of Kalispell Planning Department 1-7 - 2"dS treet East, Suite ? 11, Kalispell, Montana 5 9901 Telephone: (406) 751-1850 Fax: (406) 751-1358 Website: kalispellplanning.com You are being sent this notice because you are a property owner within 150 feet 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. NOTICE OF PUBLIC HEARING KALISPBLL CITY PLANNING BOARD AND ZONING COMMISSION JULY 101, 2007 The regular meeting of the Kalispell City Planning Board and zoning Commission is scheduled for Tuesday, July 10, 2007 beginnmi g at 7:00 PM in the Kalispell City Council Chambers, Kalispell city Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing 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 from. Wayne Turner for a growth policy amendment from industrial to suburban residential, annexation and initial zoning classification of R--3, Urban Single Family Residential, on an approximately 24.5 acre portion of a 164.5 acre project site. In addition, the developer is requesting a Planned Unit Development (PUD) overlay zoning district on a 140± acre portion of the 164.5 acre project site. The developers have also requested approval of Willow Creek, a preliminary plat to create 322 single family lots, 74 townhouse lots and 6 lots which would accommodate multi --family buildings. A total of 17 multi --family buildings are proposed over the 6 multi -family lots and would allow up to 184 condominium units. The property is in the County zoning jurisdiction and is zoned R--1, Suburban Residential, and 1-2, Heavy Industrial. The property is located on the north side of Foys Lake Road at the intersection of Foys Lake Road and Valley View Drive. The properties included in the overall project site can be described as Tracts 1, 1 AI, 1B, IBA, 1BB, ID, I DA, 1 E, 1 F, 1 FA, 1 FB, and 7AB located within. the N 1/2 of the N 1/2 of the S 1/2 of Section 13, Township 28 North, Range 22 Nest. 2. A request by Ashley Heights, LLC for annexation and initial zoning on an 11- l acre tract of land located on the south side of Sunnyside Drive approximately 500 feet west of the intersection of Sunnyside Drive and Ashley Drive. The owner is requesting the R-2, Single Family Residential, zoning district upon annexation into the city of Kalispell. The w ner has also applied for Ashley Heights, a preliminary plat to create 26 lots ranging in size from 9,600 square feet to approximately 17,850 square feet on an 8.5 acre portion of the 11.1 acre tract of land. There is a currently a house, addressed as 1204 Sunnyside Drive, and a shop located on the 11.1 acre tract of land.. The tract of land can be legally described as Government Lot 1, Assessor's Tract 10 located in Section 19, Township 28 North, Range 21 West. 3. A request by Montana Sky Networks to construct a tower which exceeds the permitted 40-foot height limit in the H-1 (Health Care) zoning district. The proposed tower 1youid serve Montana Sky Networks, an internet provider, and be 60 feet in height. Section 2 7 .1 2.404 of the Kalispell mooning Ordinance allows structures up to 60-feet in the H- I zoning district provided a conditionai use permit is first obtained. The proposed tower would be located on the south end of the existing building located at 1286 Burns way, the current location of Montana Sky Networks. The property can be legally described as lot 13 of Highland Park Professional Subdivision located in Section 6, Township 28 North, Range 21 west. 4. A. request by 'Touchstone LLC for annexation, initial zoning and preliminary plat on a 7.5 acre tract of land located off of Three Mile Drive. The owner is requesting to annex into the city of Kalispell and has requested the R-3, Urban Single Family Residential, zoning district. The owner has also applied for Mountain Vista Estates, Phase 4, a preliminary plat to create 19 lots ranging in size from 7,000 square feet to approximately 15,600 square feet. The tract of land is located immediately east of Mountain Vista Estates Phase 1 subdivision and can be legally described as Assessor's Tract 1BFA located in Section 2, Township 28 North, Range 21 west. 5. A request by Craig -Craig Rentals, LLc for annexation and initial zoning of two tracts of land that encompass 1.385 acres located on the southern end of Kalispell's commercial and industrial entrance corridor. The applicant is requesting a B-2, General Business, zoning designation upon annexation. The two properties proposed for annexation are located on the west side of US Highway 93 approximately three-quarters of a mile south of Kelly Road and one-third of a mile north of Lower Valley Road/Cemetery Road. The Fire Place Center, which is currently on the property is addressed 2790 Highway 93 South, Kalispell, Montana 59901. The property can legally be described as tracts 5CC and 5CCD located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 17 Second Street Fast, Suite 2 11, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the hearing, or you may call us at (40) 751Y-1850, or e-mail us at planning 2kalispelLcom. for additional information. No.11974 Ashi-ey OTh"e. The owner is requesting NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COM- MISSION JULY 10, 2007 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, July 10, 2007 beginning at 7;00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Ka- lispeil. The planning board will 'hold a pubiio hearing and take public comments an the follow- ing agenda items. The Board will make a rec- ommendation to the Ka- lispell City Council who will take final action. 1. A request from Wayne Turner for a growth policy amend- ment from industrial to suburban residential, annexation and initial zoning classification of R-3, Urban Single Fami- ly Residential, on an ap- proximately 24.5 acre portion of a 164.5 acre project site. In addition, the developer is re- questing a Planned Unit Development (PUD) overlay zoning district on a 140± acre portion of the 164.5 acre project site. The developers have also requested ap- proval of Willow Creek, a preliminary plat to cre- ate 322 single family lots, 74 townhouse lots and 6 lots which would accommodate multi- family buildings. A total of 17 multi -family Wid- ings are proposed over the 6 multi -family lots and would allow up to 184 condominium units. The property is in the County zoning jurisdic- tion and is zoned R-1, Suburban Residential, and 1-2, Heavy Industri- al. The property is locat- ed on the north side of Foys Lake Road at the intersection of Fogs Lake Road and Valle' View Drive. The Proper- ties included in the over- all project site can be described as Tractw 1, I Al, 13, 1 BA. 1 gB, I D. i DA, 1 E, I F, 1 FA, 1 F6, and 7AB located within the 112ofthe N 112of the S 112 of Section 13, Township 28 North, �anae 21'2 West. 2, A request by Ashlar ' ieignts, LLC for annex V c n nd initial ion=ng 1) -in .1 acre tract of 01 rth , )t uncty Inc, tn_l inter unrl'vS,idP the R-2, Single Family Residential, zoning dis- trict upon annexation in- to the city of Kalispell. The owner has also ap- plied for Ashley Heights, a preliminary plat to cre- ate 26 lots ranging in size from 9,600 square feet to approximately 17,880 square feet on an 8.5 acre portion of the 11.1 acre tract of land. There is a current- ly a house, addressed as 1204 Sunnyside Drive, and a shop locat- ed on the 11.1 acre tract of land. The tract of land can be legally described as Government Lot 1, Assessor's Tract 10 lo- cated in Section 19, Township 28 North, Range 21 Nest. 3. A request by Mon- tana Sky Networks to Construct a flower which exceeds the permitted 40-foot height limit in the H-1 (Health Care) zoning district. The pro- posed tower would serve Montana Sky Net- works, an internet pro- vider, and be 60 feet in height. Section 27,12.404 of the Kalis- pell Zoning ordinance allows Structures up to 60-feet in the H-1 zon- ing district provided a conditional use permit is first obtained. The pro- sed tower would be eecated on the south �d of the existing build- ing located at 1286 Burns Way, the current location of Montana Sky Networks. The property can be legally described as lot 13 of Highland Park Professional Sub- division located in Sec- tion 6, Township 28 Noah, Range 21 West. 4. A request by Touchstone LLC for an- nexation, initial zoning and preliminary plat on a 1.6 acre tract of land located off of Three Mile Drive. The owner is re- questing to annex into the city of Kalispell and has requested the R-3, Urban aingie Family Residential, zoning dis- trict. The owner has al- so applied for Mountain Vista Estates, Phase 4, a preliminary plat to cre- ate 19 lots ranging in size from 7,000 square feet to approximately 15,600 square feet. The tract of land is located immediately east of Mountain Vista Estates Phase i S"Abdivisinn Anri can be legally described as Assessor's Tract 1 BFA located in Section 5. A request by C► ai, Craig Rentals, LLC fc annexation and initiG zoning of two tracts c land that encompas 1.385 acres located of the southem end of Ka lispeli's commercial an( industrial entrance corn dor. The applicant is re- questing a 8-2, Genera Business, zoning desig- STATE OF MONTANA nation upon annexation. The two properties pro- posed for annexation FLATHEAD COUNTY sidelof YS on thewest93 Highway 93 approximately three- AFFIDAVIT OF PUBLICATION quarters of a mile south of Kelly Road and one- third of a mile north of Lower Valley RICHELLE BROUWER BEING DULY The Road/Cemetery Place Cen Center, ter, SWORN, DEPOSES AND SAYS: THAT SHE IS' THE ert currently on the LEGAL CLERK OF THE DAILY INTER LAKE A pro property Y s addressed 2790 Highway 93 NEWSPAPER OF GENERA CIRCULATION SouthDAILY na s9`901 Kalispell, property P p rtY PRINTED AND PUBLISHED IN THE CITY OF � can legally be described as tracts A.LISPELL, IN THE COUNTY OF FLATHEAD 5C C and 5C l to in sec- STATE of MONTANA, AND THAT �� Tow tion 28 North, Range 21 West, LEGAL ADVERTISNIENT WAS P.M.M. Flathead Co n- ty, Montana. u PRINTED AND PUBLISHED IN THE REGULAR ANE Documents pertaining ENTIRE ISSUE of SAID PAPER, AND IN EACH ANT on Tile fo pubblic ins are c nspec EVERY COPY THEREOF CAN THE DATES OF tion at the Kalispell D Planning Department, 1.7 Second Street East, Suite 211, Kalispell, MT 59901, and are availa- A.ND THE RATE CHARGED FOR THE ABOVE we for public review PRINTING DOES NOT EXCEED THE MINI-N/rtJM daring regular office hours. GOING RATE CHARGED TO ANY OTHER .Interested persons are encourato ADVERTISER FOR THE SAME PUBLICATION the hearing d andattend make SET IN THE ,SASE S their views and con- IZE TYPE AND PUBLISHED cerns known to the FOR THE SASE NUMBER of INSERTIONS. Hoard, written com- ments may be submit- ted to the Kalispell Plan- kc ning Department at the above address, prior to the date of the hearing, or you may calf us at Subscr'bed and sworn to (406) 751-1850, or e- mail us at Before me this j ,n 'wl planning @ kalispeil.com for additional informa- tion. Is/Thomas R. Jentz Thomas R. Jentz Planning Director June 24, 2007 Notary Public for the State of Montana Residing zn Kalispell My Commission expires