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06. Resolution 4998 - Annexation - Lone Pine SubdivisionTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 .Fax: (406) 751-1858 trio ityCcen to rytel. net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Jaynes H. Patrick, City Manager SUBJECT Lone Pine Subdivision - Request for Annexation and Initial Zoning Designation of R-2 / PUD MEETING DATE: April 4, 2005 BACKGROUND: This is a request by Lone Pine Development, LLC for annexation and an initial zoning designation of R-2, Single Family Residential, with a Planned Unit Development overlay on approximately 23.16 acres. Filed concurrently with the annexation and initial zoning designation is a request for preliminary plat approval of Lone Pine Subdivision. The property is located south of Foys Lake Road and west of Valley View Drive at the base of Lone Pine State Park. It is the intent of this PUD to allow a mix of housing types within the subdivision. The 81 lot residential subdivision includes 25 detached single family lots, and 56 two unit townhouse lots along with an approximately 6.84 acre open space area. It is anticipated that the subdivision will be developed in two phases. The PUD zoning overlay provides a mechanism for the developer to gain flexibility in lot sizes, housing types and site configuration that would not otherwise be allowed under the traditional R-2 zoning designation. The Kalispell City Planning Board met on March 8, 2005 and held a public hearing to consider this proposal. At the public hearing, there were several neighbors from the area that spoke in opposition to the subdivision primarily because of the density and impacts on neighborhood character. They also cited concerns relating to an increase in traffic and 'impacts to the floodplain and riparian corridor running through the property. The planning board discussed the request and issues related to the transitional nature of the area. They discussed the area of the 100 year floodplain, access to the property via Valley View Drive, secondary access and a landscape buffer between the existing neighborhood to the north and the subdivision. A motion was made and passed on a unanimous vote to forward a recommendation that the Kalispell City Council assign a zoning designation of R-2 / PUD to the property upon annexation subject to the recommended conditions of approval. RECOMMENDATION: A motion to approve the resolution annexing the property and the first reading for the zoning and PUD overlay subject to conditions would be in order. Providing Community Planning Assistance To: ® City of .Kalispell • City of Whitefish • City of Columbia Falls Lane Pine Subdivision Annexation and Initial Zoning R-2 / PUD March 22, 2005 Page 2 FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Narda A. Wilson awes H. Patnck Senior Planner City Manager Report compiled: March 22, 2005 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report #KA-05-3 / KPUD-05-1 and application materials Draft minutes from 3/8/05 planning board meeting TRANSMIT\ KALISPEL \2005 \ KPP05-1 MEM RESOLUTION NO. 4998 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", LOCATED IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS LONE PINE ADDITION NO.359; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Lone Pine Development, LLC, the owners of property located south of Foys Lake Road and west of Valley View Drive, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Lone Pine Development, LLC's Annexation Request, ##KA-05-3, dated March 1, 2005, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-2, Single Family Residential, with a Planned Unit Development overlay on approximately 23.16 acres upon annexation into the City of Kalispell, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS. SECTION I. That all the real property as described on Exhibit "A" be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Lone Pine Addition No. 359, SECTION II. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subj ect to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 4TH DAY OF APRIL, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Lone Pine Annexation Cost of Services Analysis (Residential) Once annexed to the City, full City services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. Number of Dwelling Units within the Subdivision 26 single family and 52 two unit townhouses for a total of 78 dwellings Estimated Increase in Po ulation: (based on US Census Figure of 2.2 per household) 172 Cost of Services Per capita costs • Fire: $68.84 per person per year. Additional costs to the fire department 172 x 68.84 $12,254 • Police: $110 per resident per year. Additional costs to the police department 172 x 110.00 = $19,580 • Administration: $39.48. Additional cost to administration. 172 x 39.48 $ 7,027 • Solid Waste: Additional cost to solid waste (none for five years) = $ 0 Lineal Feet Costs: (Lineal feet -- No new roads, sewer or water mains) • Roads: $1.14 per lineal foot Additional cost in road maintenance 3,080 x 1.14 = $ 3,511 • Water: $3.44 per lineal, foot Additional cost in water line maintenance • Sewer: $3.50 per lineal foot Additional cost in sewer maintenance Storm sewer maintenance costs: Average Square foot per lot -- 6,307 • No. of units x square foot x 0.00323 Total Anticipated Cost of Services: 3,080 x 3.44 = $ 10,595 3,080 x 5.50 = $ 16,940 6,307 x 78 x 0.00323 = $ 1,589 7 49f Anticipated Revenue Generated Assessments based on s uare footage: Average square foot er lot: 6,307 • Storm sewer assessment $0.00323 per square foot Revenue from storm sewer assessments 78 x 6,307 x $0.00323 • Street maintenance assessment $0.0086 per square foot Revenue from street maintenance assessments 78 x 6,307 x $0.0086 • Urban forestry assessment $0.00135 per square foot Revenue from urban forestry assessments 78 x 6,307 x $0.00135 Special Assessments: There are no special assessments. General revenue: • Assessed value per property: $200,000 Total assessed value: 78 x 200,000 = $ 15,600,000 Total taxable: 15,600,000 x 0.03543 = $ 552,708 • Total additional general revenue based on 155 mill levy: 552,708 x 0.155 Total Revenue Generated to the City NET ADDITIONAL ANNUAL REVENUE TO THE CITY: $1, 589 $4,231 $ 664 $ 85,670 $ 92,154 2© 658 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. TRANSMITTALS / 2005 KA05-3 LONE PINE COSTOFSVCS 2 Tri-City Planning Office 17 Second Street .East — Suite 211 Kalispell, :Montana 59901 March 22, 2005 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centu rytel.net James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Lone Pine Subdivision - Annexation and Initial Zoning Designation of R-2 with a Planned Unit Development (PUD) Overlay Dear Jim: The Kalispell City Planning Board met on March 8, 2005 and held a public hearing to consider a request by Lone fine Development LLC for an initial zoning designation of R-2/PUD, Single Family Residential, with a Planned Unit Development (PUD) overlay upon annexation into the city. The property proposed for annexation is located south of Foys Lake Road and west of Valley View Drive at the base of Lone Pine State Park. The property contains approximately 23 acres. In conjunction with the annexation and proposed PUD zoning designation, an 81 lot subdivision for the property has been submitted. The subdivision contains 25 detached single family lots and 56 two family residential lots along with an approximately 6.84 acre open space area. This property is currently in the County zoning jurisdiction and is zoned R-1, Suburban Residential, a district that has a one acre minimum lot size requirement. Narda Wilson, of the Tri-City Planning Office, presented staff reports KA-05-3 and KPUD-05-1 evaluating the proposal. She noted that the PUD allowed the developer some flexibility with the creation of the two unit townhouses, setbacks on the buildings and the creation of smaller lots than would be allowed under the traditional R-2 zoning. She noted the zoning also allowed the creation of some internal driveways that access the townhouse lots rather than orienting the homes along the street. Staff recommended approval of the proposed R-2 / PUD zoning upon annexation to the city subject to the conditions listed in the staff report. During the public hearing the applicant explained his proposal and attempts to try to create a different kind of development by creating the open space, reorienting the townhouses and creating pedestrian walkways. They noted the creek and the floodplain area were part of the open space. Several of the neighbors from the area spoke in opposition to the proposal citing concerns about impacts to the character of the neighborhood, degradation of the creek area and additional traffic generated into the neighborhood. The board discussed the proposal and considered the testimony. A motion was made and passed unanimously to recommend to the Kalispell City Council that the property be zoned R-2/PUD, Single Family Residential, upon annexation subject to conditions. Providing Community ,Manning Assistance To: City of Columbia Falls ® City o1 Kalispell ® City of Whitefish Lone Pine Subdivision Annexation and Initial Zoning March 22, 2005 Page 2 The recommended conditions are attached as Exhibit A. The legal description for annexation is attached as Exhibit B. Please schedule this matter for the April 4, 2005 regular City Council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. GT/NW/ma Attachments: Exhibit A -- PUD Conditions of Approval Petition to annex (original) Exhibit B - legal description Staff report KA-05-3 / KPUD-05-1 and application materials Draft minutes 3/8/05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Lone Pine Development, LLC 144 E. Second St., Whitefish, MT 59937 Schwarz Engineering, 100 Financial Dr., Suite 120, Kalispell, MT 59901 Lone Pine Subdivision Annexation. and Initial Zoning March 22, 2005 Page 3 EXHIBIT A LONE PINE SUBDIVISION ANNEXATION AND INITIAL PUD ZONING CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD The Kalispell City Planning Board is recommending the following conditions to the Kalispell City Council for the above other referenced planned unit development and subdivision. A public hearing was held on this matter at the regular meeting of the planning board of March S, 2005. 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. That covenants, conditions, and restrictions for the subdivision shall be amended to reflect a provision for the private conservation and maintenance of common areas and the private internal roadways that are proposed for the townhouses. Setbacks for the townhouses accessed via an interior street shall be measured from the edge of the roadway and shall be 20 feet in the front and rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. (Site Development Review Committee) 3. At the time of final plat a provision shall be made for the pro-rata share of ownership of the common area for taxation purposes. 4. That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit (Site Development Review Committee) 5. That permits be obtained from. the Flathead Conservation District, Montana Department of Natural Resources and the Montana Department of Environmental Quality for work done along the creek channel or a letter from those agencies stating that the scope of work does .not require permitting. (FCCD / DNRC) 6. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision Regulations. A letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 7. That an easement shall be obtained from the adjoining property owner to the east granting the right to develop the proposed 60 foot right-of-way or other demonstration of property acquisition for road and utility purposes and once Lone Pine Subdivision Annexation and Initial Zoning March 22, 2005 Page 4 completed dedicated to the City of Kalispell as a public roadway. (Kalispell Subdivision Regulations, Section 3.08 (A))- 8. That a minimum 10-foot buffer shall be established between the northern tier of townhouses and the property boundary to provide screening and buffering for the properties to the north. This shall be in the form of berming or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department and the Parks and Recreation Department. 9. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with 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. Secondary emergency vehicle access shall be provided in accordance with International Fire Code (2003) Chapter 5 and Kalispell Subdivision Regulations. e. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. f. Street naming shall be approved by the fire department. 10. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section. 3.11). 11. That the area designated on the plat as "park" shall meet the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open. space. (Kalispell Subdivision Regulations, Section 3.19). 12. That a detailed floodplain study be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the 100 year floodplain as currently indicated on the FIRM panels shall be platted prior to the completion and acceptance of the study area. Alternatively, the developers may obtain a LAMA or other documentation from FEMA stating that the property is not in the 100 year floodplain, whichever is applicable and required by that agency. Lone Pine Subdivision Annexation and Initial Zoning March 22, 2005 Page 5 13. That a floodplain development permit be obtained from the City of Kalispell after the FEMA study has been completed and accepted for the proposed creek crossing. 14. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09). 15. That a 60 foot right of wa be provided between the subdivision and Learn Lane to allow for a through access. 16. An approach permit be obtained from the Flathead County Road Department for the new approach off of Valley View Drive and access from Learn Lane and an improvements to those roadways required by the CountV be cony leted rior to final plat submittal. A letter from. the Flathead County Road Department shall be submitted with the final plat stating that a post construction inspection has been done or that the proposed bonding for improvements is acceptable 17. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of roads in the area to City standards which may be impacted by this development. 18. At the time of pre -construction review the developer shall demonstrate that an easement or property has been acquired to develop the proposed roadway across private property off -site to the east that connects to Valley View Drive and that the easement encompasses the nature and intensity of the use that will result from the development of the subdivision. (Kalispell Subdivision Regulations 3.08) 19. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 20. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 21. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 22. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 23. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. Lone Pine Subdivision Annexation and Initial Zoning March 22, 2005 Page 6 24. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. 25. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic three-year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). Lone Pine Subdivision Annexation and Initial Zoning March 22, 2005 Page 7 EXHIBIT B LONE PINE SUBDIVISION AND PLANNED UNIT DEVELOPMENT LEGAL DESCRIPTION MARCH 22, 2005 The property can be described as Assessors Tracts 3FE+, 3FED, 3FEB, 3FEC, 3FEA, 3FEF, 3FEE, 3HAA, 3HA located in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana LONE PINE SUBDIVISION PUD REQUEST FOR INITIAL ZONING OF R-2/PUD UPON ANNEXATION TRI-CITY PLANNING OFFICE STAFF REPORT #KA-0 -3 / KPUD-05-1 MARCH 1, 2005 A report to the Kalispell City Planning Board and the Kalispell City Council regarding an initial zoning designation of R-2/PUD upon annexation to the city of Kalispell. A public hearing has been scheduled before the Kalispell City Planning Board for March 8, 2005 beginning at 7:00 PM, to consider appropriate zoning for the property to be annexed. The planning board will forward a recommendation for appropriate zoning to the Kalispell City Council for consideration. BACKGROUND INFORMATION The applicant has petitioned for annexation and an initial zoning designation of R- 2 / PUD, a Single -Family Residential district, on approximately 23.16 acres. This report evaluates the appropriate assignment of a City zoning classification in -accord rice witl-t C'Rrtinn '-)7 0'4 n1f1(d1 of tl-,- Wnlicnrll 7nn4ntr ic property will be annexed under the provisions of Sections 7-2-4601 through 7-2-46I0, M.C.A., Annexation. by Petition. A. Petitioner / Owner: Lone Pine Development, LLC 144 East Second St. Whitefish, MT 59937 (406) 862-8561 Technical Assistance: Schwarz Architecture & Engineering 100 Financial Dr., Suite 120 Kalispell, MT 59901 (406) 755-1333 B. Nature of the Request: This is a request for an initial zoning designation of R-2, Single Family Residential, with a Planned Unit Development overlay on approximately 23.16 acres. The property is located south of Foys Lake Road and west of Valley View Drive. Currently this property is in the County zoning jurisdiction and has a zoning designation of R-1 a Suburban Residential zoning designation that has a minimum lot size requirement of one acre. It is the intent of this PUD to allow a mix of housing types that include 25 detached single family lots, and 56 townhouse lots. It is anticipated that the subdivision will be developed in two phases with the first phase of the development occurring on the eastern portion of the site. The PUD overlay provides a mechanism for the developer to gain flexibility in lot sizes, housing types and site configuration that would not otherwise be allowed under a strict R--2 zoning designation. The R-2 zoning has a minimum lot size requirement of 9,600 square feet and a minimum lot width of 70 feet. With a PUD overlay, the dimensional requirements, setbacks and housing types can be amended but without a significant increase in the overall density for the site. The Kalispell Zoning Ordinance allows a maximum of five dwelling units per acre under the R-2 zoning designation with a PUD overlay. This subdivision contains approximately 23.16 acres with a total 81 lots or approximately 3.5 dwellings per acre. The first phase of the development would be comprised of six two unit townhouses or 12 townhouse lots and 10 detached single family lots. The second phase would consist of the remaining 44 townhouses and 15 single family lots. As phasing occurs a provision would need to be made for fire access. The subdivision layout includes an internal loop road that provides two cul-de-sacs along the southern road that terminate to the north. Primary access to the subdivision will be taken from Valley View Drive via property that has been acquired by the developers to the subdivision. A common area is located near the center of the subdivision that is essentially within a non -delineated 100 year floodplain area. This unnamed drainage runs east -west through the property and creates a significant floodplain area within the site. A small creek lies in the floodplain area. The developers are proposing an approximately 6.835 acre open space area that would be privately owned and maintained by the homeowners. This area of the 100 year floodplain is in a non - detailed study area and the base flood elevation has not been. established. The developers have not submitted an analysis to FEMA to delineate the actual base flood elevation which will be evaluated. The developers are aware no structures or lots can be created or located in the 100 year floodplain. However, a preliminary study of the area to the east of this site has been conducted which may indicate that this area is out of the floodplain. The developers will need to either submit a request for a LOMA, a letter of map amendment, to FEMA to determine that this area is out of the floodplain or to do an analysis to determine what area, if any is in the 100 year floodplain. C. Location, and Legal Description. of Property: The property proposed for annexation and the initial zoning request is located south of Foys Lake Road and west of Valley Vieux Drive. The property can be described as Assessors Tracts 3FE+, 3FED, 3FEB, 3FEC, 3FEA, 3FEF, 3FEE, 3HAA, 3HA located in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, .Montana. D. Existing Land Use and Zoning: The property proposed for the PUD is undeveloped. Currently this property is in the County zoning jurisdiction and is zoned R- 1, Suburban Residential, a single family residential zoning district which has a minimum lot size requirement of one acre. This property has been part of the West Side Zoning District for many years and has experienced slow incremental growth in this area. There are significant issues with high groundwater and there are difficulties in developing an adequate on -site sewage treatment system at reasonable costs. E. Adjacent Land Uses and Zoning: This property is located in an area on the urban fringes of Kalispell. Some limited suburban growth has taken place recently but there are soil limitations related to high groundwater and filtration. North: Single family homes, County R-1 zoning South: Lone Pine State Park, County SAG-5 zoning East: Single family homes, County R-1 zoning West: Single Family Homes, County R-1 zoning F. Proposed Zoning: The proposed R-2, Single Family Residential zone lists single- family residences as permitted uses and has a minimum lot size requirement of 9,600 square feet and a width of 70 feet. The applicant is requesting a PUD that would allow the creation of attached sublots in a two unit townhouse configuration as well as single-family homes. The PUD mechanism provides the flexibility in housing types and the shafting of density to the attached dwellings on smaller lots. G. General Land Use Character: The general land use character of this area can be described as suburban residential with some transitioning toward residential uses with city annexation and services further to the southeast. This area can also be described as being on the urban fringes of Kalispell and there have been some limited development pressures in the area. 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: Northwest Energy Telephone: CenturyTel Schools: West Valley School, School District 45, Kalispell Fire: Kalispell Fire Department Police: Kalispell Police Department I. Relation to Zoning Requirements: The applicants are proposing annexation and an initial zoning designation of R-2 with a PUD overlay. The R-2 zoning district has a minimum lot size requirement of one dwelling unit per 9,600 square feet or approximately 4.5 dwelling units per acre. With a PUD overlay the Kalispell Zoning Ordinance Section 27.21.030(4), allows a maximum of five dwelling units per acre. This property contains a total of approximately 23 acres. The developer has proposed the creation of 25 single-family lots and 56 townhouses in a two unit configuration as well as an open space / park area. The overall density of the Lone Pine Subdivision Planned Unit Development based on 23 acres would be approximately 3.5 dwelling units per acre, below that which would be allowed under either the PUD provisions or the traditional R-2 zoning district. The deviation froze. the R-2 zoning requirements, which is generally considered a single family residential zoning district, is that this development will have a mix of lot sizes and housing types, i.e. the two unit townhouses. For instance, the PUD mechanism allows the creation of individual lots under the required 9,600 square feet and would also allow attached dwellings that would be created with the townhouse configuration. Essentially this would result in a variation to the setback requirements, thereby allowing a zero setback between dwelling units and a five foot setback on the side yards. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. I. Does the requested zone comply with the growth policy? The property is designated by the Kalispell Growth Policy future land use map as "Suburban Residential" which anticipates residential development with a density of up to four dwelling units per acre. Because of the provision of public water and sewer to the site, the proposed R-2 zoning designation is in compliance with the future land use designation for the area. The R-2 zoning has a minimum lot size requirement of 9,600 square feet. The proposed zoning and associated PUD is in compliance with the anticipated densities and residential use of the land in this area which anticipates single-family dwellings in suburban residential areas. 2, is the requested zone designed to lessen congestion in the streets? Once the property is developed, all of the new development and infrastructure will be constructed to City standards. Density and traffic in the area will increase. The increased density will allow for more efficient provision of public services, including roads. By increasing the density, the future population of this site will be closer to public facilities. Vehicle trips become shorter, resulting in fewer miles driven. Also, some residents may choose to walk or ride bicycles at least some of the time, further reducing vehicle congestion. 3. Will the requested zone secure safety from firepanic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public provided that a detailed flood plain study is completed, all structures are located out of the floodplairn areas and all appropriate permitting is adhered to. New construction will be required to be in compliance with the building safety codes of the City which relate to fire and building safety. All municipal services including police and fire protection (including hydrants), water and sewer service is available to the area and will be extended as part of the development of this property. 4. Will the requested zone promote the health and general welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and providing a place for new housing in the community. 5. Will the requested zone provide for adequate light. and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 4 b. Will the requested zone prevent the overcrowding of lan.cl? This area is designated as being within the Kalispell Potential Utility Service Boundary in the Kalispell Growth Policy and is anticipated for urban residential development. Now that public water and sewer are in close proximity, an R-2 zoning designation is appropriate. The anticipated density fails within the proposed R-2 zoning designation. Ail public services and facilities will be available to serve this subdivision. Currently this property is in the County jurisdiction and is zoned R-1, Suburban Residential, but they do not have access to public sewer and water without annexation. 7. Will the requested zone avoid undue concentration_ of people? The allowable density for this property will change as a result of annexation.. Minimum lot standards and use standards as well as subdivision development standards will avoid the undue concentration of people at the time the property is developed. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewera e schools arks and other ublic requirements? All public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. 9. Does the requested zone give consideration to the articular suitability of the property for particular uses? The proposed R-2 zoning district is consistent with the surrounding zoning and land uses in the area and gives due consideration of the suitability of this property for the permitted uses in the district. 10. Does the re uested zone give.. reasonable consideration to the character of the district? The general character of the area is moving toward urban sized lots for residential development on City sewer. The same type and density of development can be anticipated to occur on this property that is in the area and will be consistent with the character of the neighborhood. 11. Will the proposed zone conserve the value of buildings? Values of the buildings in the area will be conserved because the R-2 zoning will promote compatible uses on this property, compared with other properties in the area. 12. Will the requested zone encourage the most aPpropriate use of the land throughout the munici ali ? Urban scale residential development should be encouraged in areas were services and facilities are available such as is being proposed on this parcel. The proposed zoning is consistent with the future land use designations for the area and surrounding zoning in the area. EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL: Project Narrative: This is a request for an initial zoning designation. of R-2, Single Family Residential, with a Planned Unit Development overlay on approximately 23 acres. The property is located south of Foys Lake Road, east of Learn Lane and west of Valley View Drive at the base of Lone Pine State Park. Although the property is a conglomeration of several parcels that were likely a result of occasional sales in the past, no development has taken place on the site. The primary access is indicated off of Valley View Drive through property that was acquired by the developers for the purposes of accessing the site. The property is currently in the County zoning jurisdiction and is zoned R-1, Suburban Residential which is a single family residential zoning district that has a one acre square foot minimum lot size requirement. It is the intention of the developer to create 81 dwelling units that include 25 single family lots and 56 sublots in a two unit townhouse configuration. The Kalispell Zoning Ordinance allows a maximum density of five dwelling units per acre with a PUD in an R-2 district. As proposed the PUD would have 81 dwelling units on 23 acres or a density of 3.50 dwelling units per acre. The development of the subdivision would occur in two phases with the first phase being located at the eastern one third of the site and accessed via Valley View Drive. Each of the phases is intended to comply with the City of Kalispell's requirements for fire access and turnaround areas including the provision of emergency fire access if required. Secondary access will have to be addressed during the first phase of the development because of the distance to the site from Valley View Drive. There is a significant amount of the property that is designated as being within the 100 year floodplain since an unnamed creek and high groundwater runs through the property. The creek is generally a year round crater course. The developer is aware that a detailed floodplain study will need to be accepted by FEMA (Federal Emergency Management Agency) in order to determine the base flood elevation because this is in a non -detailed study area and the actual flood elevation is unknown, but can only be estimated. An approximately 6.5-acre area is indicated on the plat to serve as a homeowners park, storm water retention area and open space area. This area is within the 100 year floodplain and provides a natural amenity to the subdivision. The park and open space area would be owned and maintained by the homeowners association and would not be available for use by the general public. 6 Criteria for the Creation of a Planned Unit Develoument (PUD) District The following information and evaluation criteria are from Section. 27.21.020(2), of the Kalispell Zoning Ordinance. The intent of the planned unit development provisions are to provide a zoning district classification which allows some flexibility in the zoning regulations and the mixing of uses which is balanced with the goal of preserving and enhancing the integrity of the neighborhood and the environmental values of an area. The zoning ordinance has a provision for the creation of a PUD district upon annexation of the property into the city. Review of Application Based Upon PUD Evaluation Criteria: The zoning regulations provide, that the planning board shall review the PUD application and plan based on the following criteria: 1. The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest; The planned unit development deviates from the zoning with regard to the housing types that would be anticipated in the development which would be primarily attached single family residential. Essentially this will result in a zero lot line setback between the units. Additionally there may be a deviation from the minimum lot size requirement of 9,600 square feet of the R-2 zoning district as well as the minimum lot widths of 70 feet primarily to accommodate the anticipated variety of housing types within the development. Setbacks are proposed to be at five feet rather than the required 10 feet under the R-2 zoning. In order to achieve this density determination, the area within the 100 year floodplain that would be developed as a homeowners park, open space area and storm water retention area has been included in the calculation. There is nothing in the zoning ordinance that prohibits the use of the floodplain and steep slope areas within a parcel in calculating allowable density within a site. The zero lot line setbacks for the townhouses are a deviation from the zoning ordinance as are the interior, private access roads to the townhouses. There are materials in the application including elevation drawing, architectural renderings and the proposed covenants, conditions and restrictions that would dictate the review and approval of new development in the subdivision and provides a guarantee of architectural integrity and compatibility. 2. The nature and extent of the common open space in the planned development project, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and function of the opera space in terms of the land use, densities and dwelling types proposed in the plan; Open space is defined in the Kalispell Zoning Ordinance as "Any part of a lot unobstructed from the ground upward. Any area used for parking or maneuvering of automotive vehicles or storage of equipment or refuse shall not be deemed open space." However, on a practical basis open space is much more than simply the 7 undeveloped land around a building that could mean the setback areas. A park area is indicated on the preliminary plat that would be developed as a homeowners park, storm water retention area and general open space, most of which is in the 100 year floodplain and would be otherwise unbuildable. The developer will be responsible for developing amenities within the park and open space areas including walking paths, picnic area and other appropriate amenities and then a homeowners association would be responsible for the maintenance of the common area and open space once the subdivision is developed. Covenants, conditions and restrictions will be required to be submitted with the final plat that addresses the conservation and maintenance of the park and open space areas. If properly developed and maintained it appears that the proposed park and open space areas will provide adequate useable park and open space area for the subdivision with easy access by the residents. 3. The manner in which said plan does or does not make adequate provision for pudic services, provide adequate control over vehicular traffic and further the amenities of light or air, recreation and visual enjoyment; The extension of public water and sewer to the site will be required to serve the subdivision. Most of the public utilities will come from the north and be extended within the Foys Lake Road right-of-way and Valley View Drive right-of-way. The developer will be required to develop the utilities in accordance with the Kalispell Standards for Design and Construction. Additionally, the new roadways to be constructed within the subdivision indicated on the overall development plan Will be constructed to City standards. The internal roadway providing primary access will connect to a proposed public street to the east, Valley View Drive, and a secondary access will need to be provided probably to the west to Learn Lane, a paved. County road. There are two phases proposed for the subdivision with the first development phase being located to the east and the development of an intersection. at Valley View Drive and the new internal road that will access the subdivision. It appears that secondary emergency access will need to be provided during the first phase of development because of the length of the roadway, i.e. it exceeds 600 feet. The second phase of the PUD is to the west and this involves the final building out that comprises approximately two thirds of the subdivision. At some point there will need to be a crossing over the creek and floodplain in order to build the internal road network. In order to develop a crossing over the creek the developer will be required to obtain a floodplain development permit from the City of Kalispell and a 310 permit from the Flathead Conservation District. The design and nature with regard to housing types and lot sizes are a mix of single family and townhouses in a two unit configuration. Specific elements of the architecture have been submitted with the PUD application that indicates a shared internal driveway to access essentially four townhouses that will face each other. This alternative allows some flexibility in siting the buildings and also avoids the typical garage, garage, garage that faces the street. Storm water management will be required to be handled and retained on site and a portion of an area indicated as the 100 year floodplain could assist in accommodating stormwater management issues. This is a natural low lying area that appears that it could be a part of a perennial creek and high groundwater that is ubiquitous in the area. No detailed plan for handling drainage has been submitted with the application and would not be required at this time, but as the project develops an engineered 8 drainage plan will need to be designed in accordance with City standards and will be reviewed and approved by the Kalispell Public Works Department. Parkland dedication is proposed to be addressed through the dedication of a private park area within the 100 year floodplain near and around the creek and low lying area that exists on site. There is no real significant vegetation that warrants preservation or special consideration.. Landscaping this area will help create a more park like environment and would be part of the landscaping and park development plan that will be required with the subdivision. The park area will need to be developed with recreational amenities that keep them well maintained and functional. Passive open space will be part of the park amenities and will need to be conserved and adequately maintained in a weed free state. Actual park areas will be developed with walking paths, irrigation, landscaping and recreational amenities. 4. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established; The overall design of the PUD and future development for this subdivision has created a mix of housing types and an integrated park and open space component. As proposed it appears to be a well -integrated design with the exception of assumptions being made about the location of the 100 year floodplain and the location of homes within those areas. Additionally secondary access has not been reasonably addressed but will be required as part of the phase 1 development. The provision and extension of public utilities to the subdivision will create an area in transition that has been gradual in the past. Within the area to the east there have been several urban scale subdivisions but in this immediate neighborhood growth has previously been dominated suburban residential growth on one and two acre parcels. However, problems with high groundwater and poor soils have made this type of development difficult. The urban densities such as those being proposed are more in keeping with the type of development anticipated in the area because of the close proximity of the area to City utilities. The density being proposed is necessary to make the subdivision economically feasible. The cost of rural land along with the extension of utilities and development of urban infrastructure require densities such as those being proposed. Without urban densities the costs per lot create housing that is affordable only to a few elite and not to the median or even above income levels. Even at this density, reasonably priced lots are difficult to achieve. Benefits to the public primarily relates to providing housing stock in a safe and healthy environment. The proposed subdivision is consistent with the type and density of development that would be anticipated for this area. The staff is recommending some screening and to buffer the residences to the north from the rather high density housing being proposed with the townhouses along this portion of the subdivision. Additionally, neighbors to the north have specifically requested this treatment to avoid encroachment of loose dogs and disturbance to their livestock. S. In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the plan which finding shall be made only after consultation with the city attorney; With the current rate and growth of development, build out could take place in a matter of years, depending on the market conditions. With past PUD proposals the 9 City of Kalispell has been entering into a development agreement with the developer that has adequately insured and maintained the overall integrity of the development, the installation of required infrastructure, architectural integrity and proposed amenities as well as the impacts the development may have on adjoining properties. 6. Conformity with all applicable provisions of this chapter. No other specific deviations from the Kalispell Zoning Ordinance can be identified based upon the information submitted with the application other than those addressed in the beginning of this report. RECOMMENDATION The staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KA-05-03 / KPUD-05-1 as findings of fact and recommend to the Kalispell City Council that the property be zoned R-2 / PUD upon and annexation and be subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council. (Kalispell Subdivision. Regulations, Appendix C - Final Plat) 2. That covenants, conditions, and restrictions for the subdivision shall be amended to reflect a provision for the private conservation and maintenance of common areas and the private internal roadways that are proposed for the townhouses. Setbacks for the townhouses accessed via an interior street shall be measured from the edge of the roadway and shall be 20 feet in the front and rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. (Site Development Review Committee) 3, At the time of final plat a provision shall be made for the pro -rates share of ownership of the common area for taxation purposes. 4. That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. (Site Development Review Committee) 5. That permits be obtained from the Flathead Conservation District, Montana Department of Natural Resources and the Montana Department of Environmental Quality for work done along the creek channel or a letter from those agencies stating that the scope of work does not require permitting. (FCCD / DNRC) C. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction. Standards and the Kalispell Subdivision Regulations. A letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 10 7. That an easement shall be obtained from the adjoining property owner to the east granting the right to develop the proposed 60 foot right--of-way or other demonstration of property acquisition for road and utility purposes and once completed dedicated to the City of Kalispell as a public roadway. (Kalispell Subdivision Regulations, Section 3.08 (A)). 8. That a minimum 10-foot buffer shall be established between the northern tier of townhouses and the property boundary to provide screening and buffering for the properties to the north. This shall be in the form of berming or landscaping or both. These improvements are to be.coordinated with the Kalispell Public Works Department and the Parks and Recreation Department. 9. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision. Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. h Firf hvrlrants shall he nrm irled ner City sperifir•atinnc at lnratinnc annrnwPrl by this department, prior to combustible construction.. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. Secondary emergency vehicle access shall be provided in accordance with International Fire Code (2003) Chapter 5 and Kalispell Subdivision. Regulations. c. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. f. Street naming shall be approved by the fire department. 10. That a letter be obtained from the Kalispell Parks and Recreation. Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 11. That the area designated on the plat as "park" shall meet the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation. Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. (Kalispell Subdivision Regulations, Section 3.19). 12. That a detailed floodplain study be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the 100 year floodplain as currently indicated on the FIRM panels shall be platted prior to the completion and acceptance of the study area, Alternatively, the developers may obtain a LOMA or other documentation from FEMA stating that the property is not in the 100 year floodplain, whichever is applicable and required by that agency. I 13. That a floodplain development permit be obtained from the City of Kalispell after the FEMA study has beers completed and accepted for the proposed creek crossing. 14. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision. Regulations, Section. 3.09). 1.5. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of roads in the area to City standards which may be impacted by this development. 15. At the time of pre -construction review the developer shall demonstrate that an easement or property has been acquired to develop the proposed roadway across private property off -site to the east that connects to Valley View Drive and that 'the easement encompasses the nature and intensity of the use that will result from the development of the subdivision. (Kalispell Subdivision. Regulations 3.08) 17. The developer shall provide a letter from. the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 18. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 2 h All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix inimediately after development. 22. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. 23. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic three-year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision. Regulations, Section 2.04). NW REPORTS \KALISPELL\KA05-3/KPUD05-! .DOC 12 DESIGN January 2005--Issue i � � DESIGN MEMORANDUM LONE PINE ESTATES PLANNED UNIT DEVELOPMENT BACKGROUND LONE PINE ESTATES is located in a residential area approximately 1/2 mile south west of the intersection of Foys Lake Road and 71h Avenue West in Kalispell, Montana. The property is owned by: Tom Watters & Jan Wassink LONE PINE DEVELOPMENT, LLC 144 EAST SECOND STREET WHITEFISH, MT 59937 TEL. 406-862-8561 Technical services for the preparation of this Design Memorandum and preliminary plat application are being provided by. - Schwarz Architecture & Engineering, Inc. 100 Financial Drive, Suite120 Kalispell, MT 59901 406.755.1333 The vision for Lone Pine Estates is to create a planned community and incorporate it into the existing Kalispell urban community. Lone Pine Estates is a planned mixture of 28 townhouse units, and 25 single-family residential dwellings (a copy of the preliminary plat is included in Appendix A). The development is intended to provide for community open space. The existing properties to the northeast and west of the property are well - established single-family dwellings. The properties represent suburban densities and are currently served by on -site wastewater systems. The property located immediately to the south is Lone Pine State Park. LAND USE PLAN The property is currently zoned with a R-1 one family residential zoning designation. This zoning district requires a minimum lot area of 1 acre and a minimum lot width of 150 feet. A PUD in an R-1 zoning district would allow three dwelling units/acre or 69 lots. While this zoning designation may present a similar density to surrounding uses, it does not take advantage of the inherent open space and natural characteristics of the property. This is why the Manned Unit Development (PUD) designation is being sought for the property. The PUD submittal allows for much greater flexibility in the lot size, usage designation, setbacks, and other development characteristics within the property. Furthermore, the PUD process allows for a density bonus in consideration of reserving a substantial area of open space within the property. With a R-2 zoning designation, the PUD submittal will allow for a maximum density of 5 dwelling units per gross area, or 115 dwelling units within the subdivision. The Lone Pine Estates submittal only reflects approximately 70% of the allowable density under the PUD zoning designation. Moreover, the PUD zoning designation takes advantage of the unique features of the property. Approximately 30% of the area of the subdivision has been designated as open space in which no private buildings, fences, or other similar construction will occur. In this manner, rural characteristics in the property are maintained while still providing greater density and efficient use of available real estate close to the Kalispell urban core. Lots within the subdivision have been laid out such that approximately 75% of the lots adjoin expanses of open space. By locating the lots next to the open space, higher densities can be achieved while maintaining an expansive feel within the planned community. STREET SYSTEM The street system within the development contains a single loop road that extends through the subdivision intersecting Valley View Drive. The street system has been designed to establish a vehicular corridor through the development. The street system will be constructed of a 28-foot wide paved surface with a 2- foot wide curbing and gutter on each side creating a 32-foot back -of -curb to back -of -curb traveling surface. The street system will cross two low-lying areas in the open space. In these areas, culverts will be designed and constructed to enable continued water passage underneath the road. The street systems or vehicular corridors have been designed to minimize pedestrian movement and passage on the street system. Setbacks from the public right-of-way have been limited to encourage placement of garages and parking areas near the streets. Placement of the garages and structures near the streets preserves the open space character and encourages greater usage in pedestrian movement within the open space. Additionally, by reducing the setback distance of structures from the public right-of-way, the perceived width of the vehicular corridor is reduced, thereby maintaining lower residential speed values. it fs intended that the road corridors will be treed with native vegetation outside the traveled surface to further maintain an open feel within the development. Design Memorandum -- Lone Pine Estaies PUD 01131/05 Prepared by Schwarz Architecture &: Engineering, Inc. Page 2 of 4 PEDESTRIAN MOVEMENT SYSTEM Pedestrian movement within the development has been designed using sidewalks within the development. Again, by creating a development in which the core focus in on the interior open space, the porches, decks, and other pedestrian access to the structures and what would normally be referred as the front of the house will be accessed through the pedestrian paths in the open space. By encouraging the use of pedestrian movement out in the open space and discouraging pedestrian access to the vehicular corridors, the development creates a pedestrian community wherein neighbors can access and visit other neighbors through the open space. This furthermore reduces the vehicular/pedestrian conflict. OPEN SPACE PLAN The open space within the subdivision has been designated around natural low areas. By placing these spaces in an open space designation, they can be preserved and maintained for use by the entire community. it is intended the open space will be maintained and managed as a natural system. All open space designated as community open space will be owned by the Homeowner's Association and maintained by the same body. The individual lot owners will maintain the private open space areas and covenants will require the open space to be maintained within a similar scheme as the community open space. Ir11_ _ _ ll_ _ �..}i w. .. iL. ..,..L i-..� ...I .,. ... .�.1.. J.1 IL..� L. .l. i._. �LL _ muter trIc n si-nall areas [Intl may be uesICgnateu lit It re future b Irle Homeowner's Association, it is not intended that substantial portions of the open space will be landscaped or manicured. Small areas may be reserved for the Homeowner's Association to construct a community pavilion, small ball field, and other similar park features if so desired by the Homeowner's Association in the future. UTILITIES PLAN Utility services for the Lone Pine Estates development will be provided by extensions to the existing public systems located within the city of Kalispell. Water and wastewater services will be provided by an extension to the municipal systems owned by the city of Kalispell (preliminary water & sewer plans are included in Appendix C). Natural gas will be provided to the site by extension of the existing system owned and operated by Northwest Energy. Electrical services to the site will be provided by extension to those facilities owned and operated by the Flathead Electric Cooperative. Telephone service to the site will be provided by CenturyTel. The expansion of the water system will include an 8-inch diameter loop through the subdivision. The 8-inch diameter water main will be connected to the existing city owned water rnain on Th Avenue. Resign Menioran dum — Lone Pine Estates PUD 01131105 Prepared by Schivar rchitecture & Engineering, IFze. Page 3 of 4 Sewer system collection will be constructed with 8-inch diameter sewer mains rnnctrl Irtp.r? within thra SI ihrlivieinn nrnvirlinrl rlrr-ivifv rrnrrvPvr-rnra of rr if A,, wastewater to the lift station located on the property. The lift station will be constructed using an above ground, self -priming, lift station. The lift station will pressurize the raw wastewater and convey the fluid to an existing city of Kalispell gravity sewer main located on the east side of the property. Stormwater management for the developed Lone Pine Estates will include conveyance of new and increased stormwa ter, loads through the concrete gutter located at the edge of the proposed road network. The gutter and stormwater collection system will convey stormwater to the community open spaces where the stormwater will be detained and allowed to filter into the existing drainage. SUMMARY The Lone Pine Estates subdivision creates a development that will be unique to the city of Kalispell. Large expanses of community open space will be the focus of the development. Future homeowners within the development will be encouraged to access, view, and enjoy the open nature of the development. These otherwise characteristics will be enjoyed with a near proximity to city parks, Kalispelf schools, municipal government, the Kaffspeli Library, commercial shopping, and other similar features typically associated with urban living. The high quality development will maintain property values within the development and the surrounding areas. Appendix A - Preliminary Plat Appendix B - Open Space and Pedestrian Movement Appendix C - Preliminary dater & Sewer Plans \\Saeservsr\documents\Projecf Res\Timberlake Company\Lana Fine Subdivision\PreJminary Plat Application\Design ,Me norandum.dpa Design Memorandum — Lone .Fine Estates PAID 01131105 Prepared bV sch. ara,4roilitecture & Engineering, Inc. Page 4 ofa LONE PINE ESTATES DESIGN GUIDELINES CONDITIONS, COVENANTS AND RESTRICTIONS DECLARATION OF DESIGN GUIDELINES, CONDITIONS, COVENANTS AND RESTRICTIONS LONE PINE ESTATES Gone Pino Estates 113112005 Design Guidelines, Conditions, Covenants and Restrictions Pane I of 18 THIS DECLARATION, made this day of , 2005, by the undersigned, LONE PINE DEVELOPMENT LLC,144 EAST SECOND STREET, WHITEFISH, MT 59937, hereinafter referred to as "Declarant". WHEREAS, the undersigned is the owner of certain real property known as LONE PINE ESTATES, according to the recorded plot thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana, and whereas the undersigned is desirous of subjecting the real property to the conditions, covenants and restrictions hereinafter set forth, each and all 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 owners thereof; NOW, THEREFORE, LONE PINE DEVELOPMENT LLC, being the owner of all the real property known as LONE PINE ESTATES, according to the plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana, hereby declares that the said real property is, and shall be held, transferred, sold and conveyed, subject to the design guidelines, conditions, covenants, and restrictions hereinafter set forth. The design guidelines, conditions, covenants and restrictions, hereinafter set forth are designed to provide a uniform plan for the development of the whole of said subdivision. All persons or corporations who now or shall hereafter acquire any interest in and to the above described property shall be taken and held to agree and covenant with the owner of the lots in said subdivision and with their heirs, successors and assigns, to conform to and observe the following conditions, covenants and restrictions as to the use thereof and as to the construction of dwellings and improvements thereon. 1.0 Vision LONE PINE ESTATES is located In a residential area approximately 1/2 mile south west the intersection of Foys Lake road and 7tr Avenue west in Kalispell, Montana. LONE PINE ESTATES will consist of single family residences & townhouses with each residence situated on its own deedable lot. The schools in this neighborhood are well respected for their academia and the facilities are in the . x process of expanding. The Kalispell area is rapidly developing, both residentially and commercially, with numerous businesses estoblishing new stores. LONE PINE ESTATES will be close to work at these businesses while at the same time, Gorse Pine Estates 113112005 Design Guidelines, Conditions, Covenants and Restrictions Page 2 of IS providing a sense of neighborhood and privacy to those families living in the subdivision. 2.0 Overview Design Guidelines are standards which, when followed, contribute to the highest quality of design. The quality of design is to be measured by the sense of fit within each building site and the community. Buildings are to relate to the land, step with the natural grades and harmonize with the character of the surrounding landscape. Applied with reasonable artistic license, attention to detail in design and construction will create atmosphere and protect the integrity and value of each investment. Each Owner is responsible for complying with and meeting the spirit and intent of the criteria of the Design Guidelines, Conditions, Covenants, and Restrictions. This includes, in particular, your lot's Building Envelope, the sitelbuilding design elements and the construction procedures. 3.0 LONE PINE ESTATES Homeowners Association The Declarant shall create an organization consisting of all lot owners to be called the LONE PINE ESTATES Home Owners Association (LPEHOA). The LONE PINE ESTATES Homeowners' Association shall be formed at a time to be designated by the Declarant, but no later than when 75% of the lots have occupied structures, and shall consist of the owners of each lot of LONE PINE ESTATES. The owner or owners of each lot shall be entitled to a single vote in the Association. The LFEHOA shall be responsible for the care and maintenance of the common properties and each homeowners use of the common properties will be governed by such rules as adopted by the Association. For the purposes of maintaining and caring for these common properties, the Board of Directors may make reasonable annual assessments to the lot owners of lots and such assessment may be collected in a suit subject to the provisions stated below for enforcement of covenants and may become a lien upon the land by a filing by the Board of Directors of a lien which shall describe the lot, state the amount of the assessment that has not been paid, and when it was assessed. A lot owner whose lot is subject to such a lien must pay the assessment, costs for preparation of the lien and the lien release, and all recording costs before the lien is released. This lien may also be foreclosed in the manner of foreclosure for mortgages with the prevailing party entitled to attorney tees. Common properties as used herein shall include designated parkland. Lot owners are encouraged to remain active members of this Association. Each lot owner Is a member of the Association by virtue of his acquisition of the lot. Lone Pine Estates I!3 112005 Design Guidelines, Conditions, Coen xrus nredlZestrietioras Pave 3 of"s 4.0 Design Review Board The Design Review Board (DRB) shall consist of the Declarant, a technical representative, and a lot owner within LONE PINE ESTATES. The Declarant shall serve as the president of the Board, and the lot owner shall serve as an at -large member of the Board. All three members shall have equal voice and voting on any action by the Board. The technical advisor shall only be consulted when requested by the president. The Declarant may serve as a member of the DRB until 7517o of the lots have occupied structures. At any time prior, the Declarant may withdraw from the DRB by written request to the Homeowners Association. If this occurs, or after 75% of the lots have occupied structures, the president of the Homeowners Association shall appoint a lot owner within LONE PINE ESTATES to serve as the president of the DRB. Successors to the DRB shall serve 2-year terms and shall be replaced by appointment by the president of the Homeowners Association. The technical representative shall be a representative of Schwarz Architecture & Engineering, Inc, until 75% of the lots have occupied structures. The representative may withdraw from membership by written request to the president of the DRB at any time. If the representative of Schwarz Architecture & Engineering, Inc. withdraws from the DRB, or the president of the DRB chooses to replace the technical representative, the president shall appoint a technical representative. The technical representative shall be an engineer or architect licensed to practice in the state of Montana. The technical representative is not required to own property in LONE PINE ESTATES. The technical representative shall be compensated at normal billing rates for all activities performed while serving as a member of the DRB. The president and at -large members of the DRB may review projects without input from the technical representative if they agree on the decision forwarded by the DRB. The lot owners, LPEHOA, and DRB shall defend, indemnify and hold the members of the DRB, their employees, and agents harmless from and against any and all claims, demands, causes of action, losses, damages, and settlements, which may be asserted against the members of the DRB arising from or attributable to or caused directly or indirectly by the lot owners, LPEHOA, DRB members and officials, employees or agents, or any negligent or intentional act, omission or misrepresentation by the lot owners, LPEHOA, DRB members and officials, employees or agents. If it is necessary for purposes of resisting, adjusting, compromising, settling, or defending any claim, demand, cause of action, loss damage, or liability, or of enforcing this provision, for members of the DRB to incur or to pay any expense or cost, including attorney fees or court costs, the lot owners, LPEHOA, and DRB agrees to and shall reimburse the DRB members within a reasonable time. Lot owners, LPEHOA, and DRB agrees to and shall give Lome Piste Estates 1/3112005 Design Guidelines, Conditions, Covenants and Restrictions Page 2' of 18 members of the LPEHOA notice of any claim, demand, cause of action, loss damage or liability within fen (10) calendar days. 5.0 The Process The Design Review Board has been established to ensure that development in LONE PINE ESTATES conforms to the Design Guidelines. The DRB's objective is to encourage good stewardship of the land and sensitive architectural expression that reflects high quality and attention to detail. The DRB is responsible for reviewing and approving all development within LONE PINE ESTATES; from concept to completion. This includes, but is not limited to: • All new building & site development. • Any proposed revisions to previously approved plans, prior to or during construction. • Any renovation, expansion or refinishing of the exterior of a new structure. • Any proposed revisions to building envelopes. The DRB process has been designed to encourage dialogue with owners and their design team early in the evolution of their plans. The process is intended to be constructive, not adversarial or unnecessarily restrictive. As owner, you shah ensure your development team complies with the following general requirements and Design Review Process; to assure LONE PINE ESTATES of your commitment to respecting the community within which you are building. • Design, by a qualified architect or residential designer, with engineering input (geotechnical, structural, mechanical, civil...) and landscape architecture as required, is to respect the design framework. Use of residential designer shall be subject to approval by the DRB. A Design Coordination/review process has been established to enable the Owner/Builder to work with, and understand the intent of the Design Guidelines. This process includes: • Pre -Design Meeting (optional); • Conceptual Development Plan Submission/Review; • Concept Endorsement/DRB Approval (letter); • Detail Design Final Submission/Review; • Endorsement/DRB Approval (letter) for Building Permit Application, • Final Inspection - Final Acceptance Certificate (FAC) Lone Pine Estates 113112005 Design Guidelines, Cbnd: cons, Covenants and Restrictions Aage.5 ofl8 This process is outlined in more detail as follows: 5.1.0 Design Coordination/Review Process 5.1.1 Preliminary Consultation (as required to confirm the process and tentative schedule) 5.1.2 Submit the Design Review Registration Form to initiate the design review process: This includes submission of the plan check/application tee, as part of the Design Review Registration Form, with a copy of the Registered Title. The amount to be determined by the DRB, shall be used as a deposit for payment to the DRB technical advisor, other related expenses of the DRB, and a landscaping deposit. Additional fees may be necessary depending upon review time, complexity, etc. This amount, plus any additional reasonable amounts, may also be spent to remedy any non- compliance with these Design Guidelines. Monies will be returned, less an administration fee, technical advisory fees, and landscaping deposit for purpose of the Design Review process, at the completion of your construction provided you have complied with these Design Guidelines. 5.1.3 Prepare a site survey, based upon conceptual information provided by LONE PINE ESTATES, including a lot location/building envelope (BE) plan (in relation to the subdivision plan) and a grade slip. Particular site -specific development issues for your consideration will be clearly mapped on this BE plan. These may include, but are not limited to: the designated natural area(s), suggested access locations(s), existing contours, natural features, significant trees, irrigation limits as well as existing and proposed deep and shallow utilities. The accurate site survey data, prepared by a land surveyor registered in the State of Montana will confirm existing site and legal conditions and is to be used as the base plan for conceptual and detail design. It can be directly applied to a subsequent survey Plot Plan (PP) and the Real Property Report (RPR). 5.1.4 A familiarization Pre -Design Meeting is suggested on site to review the site factors mapped relative to the actual site conditions. For this meeting, it is suggested that you prepare preliminary development Concept Sketches. This will enable the review of initial ideas relative to the actual site conditions. Review at this stage of the design process typically confirms that the proposed development will comply with the particular site criteria and helps direct the final concept and detail design efforts. 5.2 Conceptual Development Plan Review is required to confirm the design incorporates all site requirements relative to the lot location/building envelope plan. It will assist to clarify the intent & application of the Design Guidelines, review/approval process, development procedures and Lone Pine Estates 1l311200 Design Guidelines, Conditions. Covenants and Restrictions Page 6) of M scheduling. The Owner/Architect is suggested to provide preliminary lot development concepts relative to: • The overall Subdivision Plan • Grade/drainage patterns • Existing vegetation (tree, shrub & ground cover) • Aspect/orientation - wind exposure; viewing opportunities • Unique features - opportunities or constraints The DRB will provide a letter of endorsement to proceed 5.3 Final Design - Submit 3 Sets of Construction Drawings & Support Documentation, including but not limited to: • Plot Plan (Survey) (I "=20'-0"); • Site Plan • Roof Plan and Floor Plans (no less than 1 /8"=l'-0"); • Exterior Elevations (4 Min. @ no less than • Sections (@ no less than 1/8"=1'-O") through site & building from side PL to side PL and from rear PL to front road CL (2 Min.); • Landscape Plan (@ no less than 1 /8"=1 '-0") including natural preservation/protection areas, site grading/contours; retaining wali locationsfs), materials) and section(s); proposed planting and landscape restoration plan and material index; surface treatment; site furnishings and landscape structures; & and Irrigation Plan to suit fhoif-; • Drainage/Storm water Management Plan (may be illustrated on the Landscape Plan): with interim erosion control measures, proposed flow patterns and run-off control details; • Construction Limits Plan: defining a temporary construction fence location with consideration for construction access, stockpile areas, portable toilet, garbage bin and landscape restoration access; • Exterior Lighting and Signage Plan: includes fixture schedule with catalogue clips for site and building exterior lighting fixtures and street identification; • Color board (8.5" x 1 1 "): proposed exterior colors as applied to proposed materials for all exterior finishes; • Construction schedule; • Notarized copy of special easements including legal description, for example: common driveway (as required), public R/W and/or h public open space amenity. 5.3.1 Site Review of pre -staked development location, proposed construction and possible stockpile areas, existing and proposed landscape; discussion of issues/concerns. gone Pine Estates 113112005 Design Guidelines, Conditions, Covenants and Restrictions Page 7 cif 18 5.3.2 Design Approval (DRB in writing) for Building Permit Application (City of Kalispell) with DRB approved drawings. 5.3.3 Start-up Site Meeting & Construction Inspection (schedule at feast a minimum of 2 inspections). 5.3.4 Construction Completion of the building, all site work and open space amenities as defined in the development agreement, by a qualified builder, is required typically within 12 months of commencement, unless otherwise negotiated. Completion in these guidelines means the completion of interior as approved for occupancy (by the City of Kalispell) and the complete exterior of the development including all hard and soft landscaped areas. There will be a final inspection held at the request of the builder. It will identity any deficiencies relative to the DRB approval and initiate a construction completion certificate (CCC); and if applicable, a warranty period for common or public areas (typically a one year warranty). 5.3.5 Based upon a CCC being issued, submit a request for unused portion of the application fee. With a CCC, there is provision for release of a portion of the Security Deposit until FAC. 5.3.6 A Final Acceptance Certificate (FAC) will be issued following a final inspection clearly indicating all work and deficiencies are completed in accordance with the approved plans, specifications, Development Agreement commitments, and warranty issues. A Real Report with Permission to Occupy or Development Completion Certificate (DCC) inspection by the City of Kalispell will be requested to confirm compliance. 5.3.7 Refund of Deposit [less costs). 6.0 Site Planning Guidelines In general, site planning of your residential lot will be largely influenced by a focus on the preservation of any existing tree growth and the topography of your lot. Your lot will have a defined Building Envelope shown on the Lot Location/Building Envelope Plan provided by LONE PINE ESTATES (LPE). 6.1 lot location/Building Envelope flan & Grade Slip: RE will provide a Lot Location/Building Envelope Plan at 1 "=20'-0" illustrating: the lot property lines, legal corner notes, adjacent lots, road right-of-way, and suggested driveway location. Existing specimen trees and groupings will be generally identified. Although this Lot Location Plan provided by LPE is based upon some on -site survey, it is not warranted as to its absolute accuracy. It is the Owner's responsibility to ensure that their plan fits,;§ amongst specimen trees and significant natural features. Lone Pine Estates 113 1100.E Design Gaidehnes, Conditions, Covenants and Restrictions Page 8 of M A Grade Slip is provided for establishing an appropriate building location relative to: existing comer grades, existing utility drops, suggested front grade and top of footing grades. Your site design will confirm driveway location, servicing tee connections, power boxes and street light standards. 6.2 The Building Envelope (BE) is the only portion of each lot within which ail improvements and construction activities of any kind can occur. Your BE has been identified for your lot based on the natural features of the lot, its views, topography, setback requirements as specifically defined on your Lot Location Plan. It considers the relationship to adjacent building envelopes and the elements of the Open Space Plan. The building design and construction shall recognize that the Building Envelope is defined as the maximum limit of disturbance. 6.3 Building Limits or the exterior walls of the building and foundation are to be designed to meet all setbacks established for the applicable zoning. 6.4 Lot Grading and Drainage are responsibilities of the Owner/Builder. Lot Grading is to generally follow the natural slope of the land. Slope adaptive development design, with a minimal grading requirement is a part of quality design. Specific storm water management requirements may be defined for your lot, as outlined on your Lot Location/Building Envelope Plan or Grade Slip. These are to be accounted .for in your grading design and may require storm water to be maintained on your site. Ail grading is to be limited to within your designated Building Envelope. Typically, natural drainage patterns and flow should not be obstructed. Your development and other improvements should be sited to avoid drainage courses. This includes channeling or concentrating overland flows. If there is no realistic alternative, DRB approval may be requested to enable natural appearing swales with a minimum slope of 27 that disperse runoff in a natural fashion. Surface runoff during, or as a result of construction, will require special precautions for flow and erasion control, such as straw bales and/or securely anchored filter cloth curtains. These must be removed as construction is completed and landscape development occurs. Drainage leaving the site before, during and after the construction should be free of suspended solids and appear to be natural. 6.5 [driveways/access roads may be considered individually or in common with a suitable adjacent lot and owner. As defined in your Saies/Development Agreement, you may be required to provide a Lune Pitae Fsiates 113112005 Design Guidelines, Coiidiiions, Covenants and Restrictions Page 9 of- 18 Shared Access Agreement if undertaking to incorporate a common driveway or amenity. Lots with less than 50 feet of frontage shall share a driveway approach with an adjacent lot. The location must consider safe road design, in particular relative to intersections, vehicle stacking and natural fondscape impact on safe driver site lines. Driveway approaches shall have an approach width not to exceed 22 feet, except shared approaches may be a maximum width of 28 feet. Driveway widths must be 20 feet, except shared driveways may be a maximum width of 26 feet. Approaches that enter the adjacent street on a curve possessing a street centerline radius of less than 200 feet shall not be closer than 50 feet to the next adjacent approach. The Owner is responsible to maintain the natural lot and road right-of-way drainage. Culvert installation, with appropriate end treatment or provision of a suitdble swaie in the driveway surface along the boulevard, may be required as part of you access development. Driveways are to be surfaced with texture to complement the development. Concrete paving stone with subtle color or crushed stone screenings are permitted surface treatments. If constructed with concrete, driveways shall be adequately reinforced concrete. 6,6 Pathways also are to be surfaced with texture to complement the development. 6.7 Site Services, Utility Boxes and Building Mechanical Equipment requirements and locations are to be planned from the initial conceptual design. 6.8 Corner Lots require a high degree of site understanding and detail to be considered during the planning and design. Typically at LONE PINE ESTATES, all sides at residence require design detailing to meet the guidelines, however with corner lots, DRB considers each frontage as a front yard application, front yard guidelines relative to articulation and setback apply to each street front. 7.0 Building Design Guidelines The building design guidelines are to assist you in realizing an architecture that belongs in LONE PINE ESTATES. The general intent is to achieve a successful design integration of building into the landscape. This may be accomplished x through sensitive mass°ng, form, scale, design modules, fenestration, selection of materials and colors. There will be a focus on strong roof form, wall, base and all elevation images. These design principles will apply to all structures. Good design is also being a good neighbor in the planning and architecture of your development. Lone Fine Estates 113112005 [design Guidefines, Conditions, Covenants and Restrictions Page 10 of 18 The building form and mass is to respond and conform to the existing grade and site conditions. Architectural elements applied to the building may be extended to structures in the landscape (balcony roofs, screen panels, lighting, furnishings, etc.). Effective energy and resource conservation is an important design consideration. 7.1 Building Size: Each dwelling unit shall contain not less than 1,250 square feet of total living space, exclusive of attached garage, basements, and open porches. Each dwelling shall include an attached garage -no less than 400 square feet in area. 7.2 Building Wall Articulation will provide proportionate variations in the plan and elevation of your building. Provide horizontal and vertical breaks in the wall planes, including balconies. Establish a rhythm of openings between solids and voids in the fagade through design and proportion. Front and Rear Elevations are to be articulated with material and relief. Building walls in plan exceeding 20 feet in length should have an offset of at least 4 feet prior to continuing. Variations in setbacks, in both plan and elevation, may be required. 7.3 Building Heights should take advantage of the view opportunities, while at the same time be sensitive to adjacent development, the land slope and tree growth. Maximum building heights are measured in accordance «i#h frr�niirr,shlsa �nnir�n 7.4 Roof Shape & Character is important to avoid vertical monotony. The use of porch or balcony roofs and dormers of all sizes contributes to the Duman scale. This is encouraged to provide a texture and an apparent reduction of the built mass. 7.5 Screen walls enclosing or screening patios and courtyards must be within the Building Envelope. Their design shall be treated as an extension of the building architecture, constructed of materials and finishes that match or complement the main building. Consider discontinuous in appearance, not over 13 feet in a single line or panel and 5 feet maximum in height. Partial roof, trellis, and/or arbor features may be considered. 7.6 Finishing for the various building faces, walls and roofs must adhere to the following notes: A. Non -reflective materials are to be used, including non -reflective glazing. B. Color selections are intended to enable the LONE PINE ESTATES community, when viewed from the adjacent lands, to merge Lone fine Estates 1/J,/7015 Design Guidelines, Conditions, Covenants sand Restrictions Page ! 1 of Is within its natural setting, In order to achieve this objective, colors are to be in earth related tones, ranging from weathered driftwood (a very light gray) through to mocha brown, (a rich earthy brown). The use of blue, forest green and related tones may be allowed in certain shades. C. Materials for roofs may be sculpted architectural asphalt, fldt concrete or fiber -cement tile, slate or other cut stone only. D. Materials for walls may be vinyl siding, painted fiber -cement lap siding and either natural or cultured stone. Cultured stone shall be manufactured to match the natural stone application on lower floors and touchable areas. Colored stucco may be incorporated for very small area as an accent only. Stucco colors are to be deeply toned rich warm grays, greens and browns, light or soft reflective tones are not acceptable. Portions of the building fronting the street shall have an exterior wail covering that consists of at least 20% native stone or wood with natural tones. E. Materials for garage doors are preferred in a type of maintenance free construction. 7.7 Exterior lighting is to be limited to the Building Envelope and the public open space areas. Use low intensity non -glare fixtures to provide adequate illumination for safety and aesthetic enhancement. Uncovered light fixtures or non -focused, non -downward lighting fixtures are not permitted. 7.8 Building Accessories are those various attributes that are part of the atmosphere of each building. The following elements are often used and the following suggestions are directed at how they may be used in LONE PINE ESTATES. A. Antennae are restricted to interior attic applications only. B. Satellite dishes may be used if discretely located on the building, colored to match or blend with the relative exterior finish and a maximum 24" diameter. Screen with plantings from adjacent street, neighboring property and walkway views. Large ground mounted satellite dishes are prohibited C. Address identification, applied to a landscape or integrated architectural element is mandatory and suggested near the road by the vehicle access driveway for delivery and emergency response purposes. Lone Pine Estates L/3112005 Design Guidehnes, Conditions, Covenants and Restrictions Page 12 Of 18 D. Garbage must be contained near the side or rear of each residence in containers furnished by garbage disposal services. E. Recreational facilities such as hot tubs and swimming pools may be considered and are to be developed totally within the defined Building Envelope. Out Buildings such as sauna or maintenance shed are to be developed to coordinate with the architectural motif and finish of the building. They are to be located within the Building Envelope. Only one outbuilding is permitted on any lot and shall not exceed 120 square feet in area nor 12 feet in height. No outside storage is permitted including vehicles parked for periods in excess of thirty consecutive days. G. Mechanical Equipment such as air conditioning compressors, cooling towers or rooftop units shall not be visually exposed. Consideration should be given to alternatives, e.g. GSP's that do not require exterior equipment placement or building wail penetration. 7.9 Compliance with other regulations: It remains the responsibility of the Owner/Builder to ensure that the construction of any buildings on the site conforms with State, Town or Municipal laws, regulations, by-laws or other enactment's, and any encumbrances affecting the title to the property, including, without limitation, utility rights-cf-way, easements and restrictive covenants and all requirements outlined on the grade slip and Lot Location Plan. 8.0 Landscape Design Guidelines All open or undeveloped area of the lot should be seeded or sodded in conjunction with any other plants, shrubs or trees and maintained appropriately. 8.1 Tree planting is encouraged as part of your lot and development process. They should be planted in loose groupings and be of the indigenous plant material as noted in Appendix. Non-native ornamental trees are not permitted. &2 Lawn Areas should be seeded or sodded with a mowable seed mixture. 8.3 Retaining Walls are to be designed and constructed so as to blend into the natural landscape. They may take on a more natural appearance through the use of native rock, timber and plant material, or perhaps reflect the architecture presented through the building by incorporating Lome Pine Esiates 1131/3005 Design € ilidelines, Conditions, Covenants and Restrictions Page 13 of 18 matching or complimentary material and detail, All such walls must be constructed to meet the following requirements: A. The exposed height of wall shall be typically a maximum of 3 feet. if additional height is required, a stepped construction is recommended. B. The configuration shall meander and blend with the natural contour. Wail ends shall insert and terminate into the landscape or abut into a building face. C. Slope stability and design details are to be approved by the DRB. 9,0 Site Guidelines The following guidelines shall be included in any construction and/or project plans for any lot located within LONE PINE ESTATES. These guidelines shall be strictly adhered to and shall be interpreted as the intent of these Design Guidelines, Conditions, Covenants, and Restrictions. 9,1 Purpose, Use and Activities A. No lot shall be used except for single-family residential purposes, constructed as a duplex/townhouse. B. No lot shall be further subdivided. C. No temporary building, house trailer, mobile home, basement or partly finished building or structure shall be erected or placed upon this property during construction. All construction shall be complete within one year from the date construction begins. All homes must be of a new construction. Factory built homes are not allowed within the subdivision. D. The parking or storage of campers, camping trailers, pick-up campers, trucks over one -ton, boats, snowmobiles, trailers or unlicensed vehicles must be completely screened from public view. E. No advertising, billboards or advertising structures of any kind shall be erected, used or maintained on the property. No items shall be displayed for sale on any portion of the property. F. At the time of home construction, fat owner shaii construct a minimum fwo-cor garage on the property unless a one -car garage is approved by the DRB. Lane Pine Estares 113112005 Design Gwdehnes, Concftlions, Covenants and Restrictions Page !4 of'18 G. No manufacture, trade, household business, vehicle repair shop of any kind or commercial activity may be conducted on the premises. H. Fuel tanks above ground are not allowed. I. All utilities shall be underground. 9.2 Park Space (Recreational Area) A. The use for the Park Space has been determined by the Declarant and may be changed from time to time by the Board of Directors of the Homeowners Association. The maintenance of the Park Space shall be provided at the expense of the LPEHOA. Any expenses incurred for such maintenance shall be included as dues or assessments as the Board of Directors shall determine. C. Any Real Estate Taxes imposed by any agency having jurisdiction upon the Park Space, or any other expenses deemed appropriate by fhe Board of Directors shall be paid by the LPEHOA. D? All lnnd within thn subdivision not pintt-d in Intl nr nuhlic, right -of way and not part of the Nan -Motorized Trail System shall be managed in the following manner: 1. Such lands shall be enroffed in a conservation easement held by the city. 2. Developer shall provide a waiver of protest to create a Special Improvement District to provide maintenance for these areas. 3. Developer shall provide a waiver of protest to create a Park Maintenance District for the entire subdivision and the southern end of Nucleus Avenue. 4. Developer shall enter into a Maintenance Agreement with the city. Such agreement shall prescribe that the area and walk paths shall be maintained by the Homeowner's Association in consultation with the City Council or Council designee. 5. Such area shall be maintained using native species commonly found therein prior to issuance of a preliminary plat. 6. Noxious weeds shall be controlled and eradicated. Lone Pine Estates 113112005 Design Guidelines, Conditions, Covenants and Restrictions Page 15 of 18 7. Walking paths within the area may be maintained using Park Maintenance District Funds and maintenance may include snow removal. 9.3 Animals, Birds, and Pets No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. The number of dogs and cats residing on any lot shall not exceed two in aggregate and must be confined to their owner's property and must be kept under their direct control. 9.4 Removal of Waste, Property Appearance and Upkeep A. Noxious or offensive activity shall not be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance fo the neighborhood, including barking dogs. All structures upon the property shall be kept in good repair and appearance. C. No part of this property shall be used or maintained as a dumping ground or storage ground for rubbish, trash, nnrhan64. n1d arn(.-itmmnhiles nr other waste_ All waste shall he stared in containers furnished by garbage disposal services and shall be promptly removed from the property in a timely manner. D. Trees shall not be removed from the property except for the specific purpose of house, adjoining buildings, and access road construction after approval by the DRB. Property owners shall comply with a weed management plan approved by the Flathead County Noxious Weed Board, 1 M General Provisions A. These covenants are to run with the land, and shall be binding on all parties, and all persons claiming under them, for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of Lone Pine Estates 1/31/2005 Design Guidelines, Conaitlons, Covenants and ReStriCtlOM Pag, 16 of 18 the owners of the lots has been recorded agreeing to change said covenants in whole or in part. B. The Grantor and every person hereinafter receiving any right, title or interest in any tract in said property shall have the right to prevent or stop violation of any of the said restrictions by injunction or other lawful procedure, in law or in equity, against the person or persons violating or threatening to violate these restrictive covenants. Any person who shall prosecute an action successfully may recover any damages.resulting from such violation, and it is expressly understood by any persons purchasing this property that, if an action is successfully brought against him for a violation of these covenants, that a reasonable attorney's fee shall be assessed against him in addition to any other damages. C Invnlirintinn of nnv nnp of tht-�P rnvt-nnnf� by h irinmi-nt nr court order shall in no way affect any of the ether provisions: which shall remain in full force and effect. D. These covenants may be altered or additions made thereto with the written consent of the owners of at least eighty percent (80%) of the lots (by number) or the owners of lots agreeing thereto, by written amendment, acknowledged by signature and filed with the Office of the County Clerk and Recorder of Flathead County, Montana, The LONE PINE ESTATES Homeowners' Association shall be entitled to enforce these regulations as if it was a lot owner and be, upon prevailing, entitled to attorney fees. Any amendment is to be deemed effective thirty (30) days after recording or filing. The revised Declaration of Covenants so approved will be the governing document regarding said covenants and all previous Declaration of Covenants will have no force or effect. 11.0 Enforcement "Before legal proceedings are commenced, the LP'EHOA or DRB intending to enforce the covenants shall notify fhe lot owner violating any covenant in writing specifying the failure and demanding that it be remedied within a period of thirty (30) days of the date of the notice. It the owner fails or refuses to remedy the violation within said 30 days, then the LPEHOA or DRB shall have the right to undertake any and all action that they in their sole discretion deem necessary and reasonable under the circumstances in order to terminate or correct the act or condition which violates the covenants, including obtaining legal or equitable relief including injunctions or orders and/or entering upon the premises for the Lane Pine Estates 113112005 Design G"ideiines, Conditions, Covenants and Restrictions Page 17 of 1 S purposes of removing any non -complying improvements, nuisance, garbage or vehicle. No entry upon a lot by the DRB, the Board of Directors, or its agent for purposes of enforcing these covenants shall be deemed a civil or criminal trespass." IN WITNESS WHEREOF, I have hereunto set my hand the day and year first herein above written. STATF nF MnNTA.NA) Ss County of Flathead ) On this day of 2005, before me, the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be the persan(s) whose names(s) is/are subscribed to the within instrument, and acknowledged to me that he/they executed the some. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year first above written. Notary Public for the State of Montana Residing at: My Commission Expires: Lone Fine Estates J1311200 Design Guidelines, Conditions, Covenants and Restrictions Page is of IS MH 31C a XA 3 4A Y-1� IFB 7.11 IF A IDA FCYS-LAKE J4D U; L2i 3FV 3FA H i 3F Subject Property J County SAG-5 3GB 3G 3EA 3E L 3A 4 lip IG 3 IIA 4 IDA ABAC 74 ABA AC , 7A sa 7ABB ",7ABRA IAG lAF 1A 4 'JT 'V IIA IF 'CA IE ----- ------ VICINITY MAP SCALE 1" = 600' LONE PINE DEVELOPMENT, LLC REQUEST FOR INITIAL ZONING UPON ANNEXATION OF R-2, SINGLE—FAMILY RESIDENTIAL FROM COUNTY R-1, SUBURBAN RESIDENTIAL FILED CONCURRENTLY WITH A PLANNED UNIT DEVELOPMENT (PUD) =100 Year Floodplain PLOT DATE: 3/2/05 FILE # KA-05-3 H:\gis\sfte\ka05_3.dwg LONE PINE ESTATES P.U.D. FOR LONE PINE DEVELOPMENT L.L.C. Tracts 3FE+, 3FED, 3FEB, 3FEC, 3FEA, 3FEF, 3FEE, 3HAA, 3HA, Section 13, T 28N, R 22W, FLATHEAD COUNTY . STATE OF MONTANA SUBDIVIDER: ENGINEER: LONE PINE DEVELOPMENT LLC SCHWARZ ARCHITECTURE AND 144 EAST SECOND STREET ENGINEERING INC. WHITEFISH, MT 59937 100 FINANCIAL DRIVE, SUITE # 120 TEL. 406-862-8561 KALISPELL, MT 59901 TEL.406-755-1333 SUBDIVISION DATA: TOTAL AREA IN SUBDIVISION = 23.165 ACRES TOTAL AREA IN BUILDABLE AREA = 7.70 ACRES TOTAL AREA IN ROADS = 8.63 ACRES TOTAL AREA IN OPEN SPACE = 6.835 ACRES CURRENT ZONING: COUNTY R-1 CHANGE TO CITY R-2 (PUD) WATER: CITY OF KALISPELL SEWER: CITY OF KALISPELL ROAD: BUILT TO CITY OF KALISPELL DESIGN STANDARDS VICINITY MAP SCALE 1" = 300' SCHWARZ ARCHITECTURE & ENGINEERING �E A Wtl4tll, MT9Ni maaaxnas raxxa,�sam �DD�Mr� mrAxmuusu U � a a: z � O Z Z a Q Z a TITLE SHEET DftgWN BY' MAL CHECKED 9Y� MAL DATE. 11262W5 ISSUE FOR: REVIEW C 100 g �3 5 -- / SCHWARZ Ix dim 1 8Y CHIT ERI RE „ x /�.\ ✓-a�ro.�o. . / 29423'rumen wm — +" ' wa t - - Nf �OOp P. i _ mmirss� vn m�ensino i / LONE uwEsrem vEsu�sno x- r \ «an \939.3.�a' X 29348,mi'x"` (z� � .,.. 1 � e o • X 2939.3 i �mR M �E o LAYOUT —,, 1z LONEPI PLAN LOOP ROAD . / —� .. 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