04. Resolution 4954 - Annexation - Aspen Creek SubdivisionTri-City Planning Office
17 Second Street Fast — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity(d.centurytel.net
www.tricitypianning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
SUBJECT Douglas Johnson Request for Annexation and Initial Zoning
Designation of R-2 / PUD
MEETING DATE: December 6, 2004
BACKGROUND: This is a request for annexation and an initial zoning designation of
R-2, Single Family Residential, with a Planned Unit Development overlay on
approximately 20 acres. Filed concurrently with the annexation and initial zoning
designation is a request for preliminary plat approval of Aspen Creek Subdivision.
The property is located northwest of Kalispell on the south side of Three Mile Drive
and approximately one quarter mile west of Stillwater Road. It is the intent of this
PUD to shift density from the open space riparian area along the creek to allow a mix
of single family and two unit townhouses.
There is a total of 66 lots within the subdivision consisting of 24 single family lots and
21 two unit townhouse lots (42 dwelling units). 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.
A previous version of this development was brought before the planning board in April
of 2004 and the planning board recommended denial. The subdivision was
withdrawn by the applicant, the zoning was revised and the subdivision was
redesigned in response to concerns expressed at a previous planning board meeting.
There were concerns about the density, floodplain and the subdivision design.
The Kalispell City Planning Board met on November 9, 2004 and held a public hearing
to consider this proposal. At the public hearing, there were several neighbors from
the area that spoke to the subdivision citing concerns relating primarily to the density
and impacts on neighborhood character. The staff recommended approval of the
subdivision subject to the listed conditions that includes a reconfiguration of lots
along the south border to include a reservation of right-of-way to access the property
to the west.
The planning board discussed the request and issues related to the transitional
nature of the area. They agreed the new proposal was a far superior design than the
previous subdivision and appreciated the developers willingness to address the
neighbors' and planning boards' concerns. A motion was made and passed on a
unanimous vote to forward a recommendation that the Kalispell City Council assign a
Providing Community Planning Assistance To:
City of Kalispell • City of Whitefish • City of Columbia Falls -
Douglas Johnson Annexation and Initial Zoning R-2 / PUD
November 23, 2004
Page 2
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.
FISCAL EFFECTS:
ALTERNATIVES:
Respectfully submitted,
Narda A. Wilson
Senior Planner
Minor positive impacts once fully developed.
As suggested by the City Council.
Report compiled: November 23, 2004
c: Theresa White, Kalispell City Clerk
James H. Patrick
City Manager
Attachments: Transmittal letter
Staff report #KA-04-14 / KPUD-04-6 and application materials
Draft minutes from 11/9/04 planning board meeting
TRANSMIT\ KALI SPEL\ 2 004 \ KA04-14 KPUD04-6MEM
RESOLUTION NO. 4954
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 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS JOHNSON ADDITION NO.356;
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 Douglas Johnson, the owner of
property located on the south side of Three Mile Drive and west of Stillwater Road,
requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, the Tri-City Planning Office has made a report on the Johnson Annexation Request,
#KA-04-14/KPUD-04-6, dated November 1, 2004, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-2, Single Family Residential with a PUD overlay on
approximately 20 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 Johnson Addition No. 356.
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 skull occur
later, said annexed territory is part of the City of Kalispell and its
citizens and property shall be subject 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 6TH DAY OF DECEMBER, 2004,
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
F= (406) 751-1858
t ricity(&,centurytel. net
November 23, 2004
James H. Patrick, City Manager
City of Kalispell
P.O. Sox 1997
Kalispell, MT 59903
Re: Douglas Johnson Request for Annexation and Initial Zoning Designation of
R-2 with a Planned Unit Development (PUD) Overlay
Dear Jim:
The Kalispell City Planning Board met on November 9, 2004 and held a public hearing
to consider a request by Douglas Johnson 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 on the
south side of Three Mile Drive and west of Stillwater Road. The property contains
approximately 20 acres. In conjunction with the annexation and proposed PUD
zoning designation, a 66 lot subdivision for the property has been submitted.
Currently the property is in the County zoning jurisdiction and is zoned AG-80, an
Agricultural zoning district that has an 80 acre minimum lot size requirement for
newly created lots with a provision for a density of one dwelling per five acres under a
cluster development.
Narda Wilson, of the Tri-City Planning Office, presented staff reports KA-04-14 and
KPUD-04-6 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. 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
address the concerns of the neighbors to the south by creating single family homes
along the south boundary and clustering the two unit townhouses near the center of
the site and the pod to the north of the creek. Some neighbors from the south spoke
citing concerns about the density but agreed the redesign of the subdivision was an
improvement over the proposal presented to the board in April of 2004.
The board discussed the proposal and considered the testimony. They agreed that
the redesigned subdivision addressed most of the concerns of the public and the
neighbors and discussed an additional setback along the southern boundary of the
property for detached accessory structures.
Providing Community Planning Assistance To:
® City of Columbia Falls • City of Kalispell • City of Whitefish
Douglas Johnson Annexation and Initial Zoning
November 23, 2004
Page 2
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. The recommended conditions are attached as
Exhibit A. The legal description for annexation is attached as Exhibit B.
Please schedule this matter for the December 6, 2004 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-04-14 / KPUD-04-6 and application materials
Draft minutes 11/9/04 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Douglas .Johnson, P.O. Box 1159, Kalispell, MT 59903
Larsen Engineering &. Surveying, P.O. Box 2071, Kalispell, MT 59903
Douglas Johnson Annexation and Initial Zoning
November 23, 2004
Page 3
EXHIBIT A
DOU+GLAS JOHNSON PLANNED UNIT DEVELOPMENT
CONDITIONS OF APPROVAL AS RECOMMENDED BY THE
KALISPELL CITY PLANNING BOARD
NOVEMBER 9, 2004
The Kalispell City Planning Board is recommending the following conditions to the
Kalispell City Council for the above referenced planned unit development and
preliminary plat. A public hearing was held on this matter at the November 9, 2004:
That the development of the site shall be in substantial compliance with
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 the proposed deviation from zoning setbacks from 10 feet on the sides to five
feet on the sides be applied to Lots 1A / 1B through Lots 10A / 10B. Lots 37A
/37B shall have a five foot setback from the west boundary and a 15 foot setback
for the primary structure and 20 foot setback for the garage for the property that
fronts the street. Lots 1A / 113 through 10A / 10B shall be allowed a 40 percent
lot coverage rather than the 35 percent required in the R-2 zoning district.
3. 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.
4. That permits be obtained from the Flathead Conservation District, Montana
Department of Natural Resources and the Montana Department of Environmental
Quality for any work or activity along the Spring Creek Channel or a letter from
those agencies stating that the scope of work does not require permitting.
5, That the plans and specifications for all public infrastructure be designed and
installed in accordance with the Kalispell Design and Construction Standards
and 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).
6. That an easement shall be obtained from the adjoining property owner to the
west granting the right to develop the proposed 60 foot right-of-way for road and
utility purposes and once completed dedication to the City of Kalispell as a public
roadway. (Kalispell Subdivision Regulations, Section 3.08 (A)).
7. That a minimum 20-foot buffer strip shall be established between Three Mile
Drive and the subdivision that would include a bike and pedestrian trail and
buffering in the form of berming or landscaping or both. These improvements are
Douglas Johnson Annexation and Initial Zoning
November 23, 2004
Page 4
to be coordinated with the Kalispell Public Works Department, Parks and
Recreation. Department, Flathead County Road Department and Montana
Department of Transportation.
8. 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 Uniform Fire Code (1997) Appendix III -A.
b. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction. Additional design
information shall be submitted for approval by this department.
c. Fire Department access shall be provided in accordance with Uniform Fire
Code (1997) Article 9.
d. Secondary emergency access shall be addressed during project phasing as
required by this department.
e. Emergency vehicle access to the existing 3 structures is indicated via an
existing wooden bridge. More information is required related to the adequacy
of the bridge structure to support fire apparatus.
f. Due to project phasing it should be noted that hazardous weed abatement
shall be provided in accordance with City of Kalispell Ordinance 10-8.
9. 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).
10. 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).
11. That a provision be made for a future 60 foot right of way easement within the
subdivision that would allow for the extension of the proposed roadway to provide
future access to adjoining properties to the west in the area of Lots 18 and 19.
(Kalispell Subdivision Regulations, Section. 3.04).
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. The base flood elevation as determined as accepted by FEMA shall be
indicated on the final plat.
Douglas Johnson Annexation. and Initial Zoning
November 23, 2004
Page 5
13. That a letter be obtained from the Montana Department of Transportation and
Flathead County Road Department stating that the proposed accesses onto Three
Mile Drive (Farm to Market Road) have been reviewed and approved and any
associated and necessary improvements have been satisfactorily completed.
(MDOT)
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. A letter shall be obtained from the Kalispell Public Works
Department stating the naming and addressing on the final plat have been
reviewed and approved (Kalispell Subdivision Regulations, Section 3.09).
15. All existing and proposed easements shall be indicated on the face of the final plat.
Utility easements for City water and sewer shall be provided to allow for the logical
extension of utilities from this subdivision to adjoining properties. A letter from the
Kalispell Public Works Department shall be obtained stating that the requirement
easements are being shown on the final plat.
16. The developer shall provide a letter from the U.S. Postal Service approving the
plan for nail service. (Kalispell Subdivision Regulations, Section 3.22).
17. 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)).
18. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section. 3.17).
19. That a minimum of two-thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal.
20. All areas disturbed during development of the subdivision shall be re -vegetated
with a weed -free mix immediately after development.
21. That the developer correct the covenants to the setbacks to five feet on the sides
be applied to Lots 1A / 1B through Lots 10A / 10B. Lots 37A f 37B shall have a
five foot setback from the west boundary and a 15 foot setback for the primary
structure and 20 foot setback for the garage for the propertv that fronts the
street.
22. That there also be a 20 foot rear setback on the southern tier of lots for all
structures and this language be included in the covenants.
23. That the southerly 10 foot landsca e buffer be landscaped with vegetation not to
exceed six feet in height.
Douglas Johnson Annexation and Initial Zoning
November 23, 2004
Page 6
24. A note be placed on the face of the final plat.that waives.protest to the creation of
a special improvement district (SID) for the upgrade of roads in the area to City
standards which may be im acted bv this subdivision.
25. 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 unposed, shall constitute the Planned. Unit
Development (PUD) zoning for the site.
26. 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 two year extension as each phase of the subdivision plat has
been completed and filed. (Kalispell Subdivision Regulations, Section 2.04).
PETITION TO ANNEX.
AND
NOTICE OF WfTHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter re,fc.rred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the Cite of
Kalispell.
The Petitioner(s) requesting Cly of Kalispell annexation of the property described herein and
further described in Exhibit A lrCrebv mutually agree with the City of Kalispell that immediately-
upon annexation of the land a'.l City of Kalispell municipal services will be provided to the
property described herein on suwstantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that t%ere is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The .Petitioner(s) further hercir; express an intent to have the property- as herein described
withdrawn from the Rural Fire District under the provisions of Section
7-33-2127, Montana Code Ani:otated: and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed_ the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property'. and shall be
binding upon our heirs. assigns. successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City- of
Kalispell.
Petitioner/Owner
Petitioner/Owner
Please return this petition to:
Tri-City Planning Office
17 2"d St East. Suite 211
Kalispell MT 59901
NOTE: You trust attach an Exhibit A that provides a bona fide legal description of the property
to be annexed that has been rei" ed and certified by the Flathead County Plat Room.
STATE OF MONTANA )
ss
County of Flathead County
On this day of ? before me, tle undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed todhe foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hat nd affixed my Notary Seal t1lic day and
year in this certificate first above written.
Notary Public, S to of Montana
Residing
My Commission expires:
STATE OF MONTANA )
ss
County of Flathead County
On this day of , before me. the undersigned. a Netary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
STATE OF MONTANA )
ss
County- of Flathead
Notary- Public. State of Montana
Residing at
My Commission expires:
On this day of , before me, the undersigned.. a Notary Public for
The State of Montana, personally appeared and
, the and
respectively. of the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknov, ledged to me that such corporation executed the saute.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Notary- Seal the day- and
year in this certificate first above written.
Notary, Public. State of Montana
Residing at
My Commission expires
EXHIBIT B
DOUGLAS JOHNSON / ASPEN CREEK SUBDIVISION J PUD
LEGAL DESCRIPTION
Tract 1 of Certificate of Survey No. 15941 in Section 13, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana.
ASPEN CREEK PLANNED UNIT DEVELOPMENT
REQUEST FOR INITIAL ZONING OF R-2/PUD UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-04-14/ KPUD-04-6
NOVEVdBER 1, 2004
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 for November 9,
2004 beginning at 7.00 PM, to consider appropriate zoning for the area 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 20.00 acres. This
report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This
property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610,
M.C.A., Annexation by Petition.
A. Petitioner / Owner: Douglas Johnson
P. O. Box 1159
Kalispell, MT 59903-1159
(406) 250-4204
Technical Assistance: Larsen Engineering &, Surveying, Inc.
P. O. Box 2071
Kalispell, MT 59903-2071
(406) 752-7808
R. 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 20.00 acres. The property is located northwest of Kalispell on the
south side of Three Mile Drive, west of Stillwater Road approximately one quarter
of a mile. Currently this property is in the County zoning jurisdiction and is
zoned AG-80, an Agricultural zoning district that has a minimurn lot size
requirement of 80 acres for newly created lots. It is the intent of this PUD to
allow a shift in the density of the R-2 zoning district by creating single family and
two unit townhouse lots along with a shared open space and park area to
preserve the existing riparian corridor and creek.
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 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. Under
a PUD, these dimensional requirements can be flexed without an increase in the
o,-erall allowable density.
The Kalispell Zoning Ordinance allows a maximum of five dwelling units per acre
under the R.-2 zoning designation with a PJD overlay. This subdivision contains
approximately 20 acres width a total of 66 lots. The 66 lots consist of 24 single
family lots and 42 two unit townhouses on sublots. This is a gross density of 3.3
dwelling units per acre. It is noteworthy that there is significant area of 10O year
floodplain on the site that has been largely set aside for an approx mately four
acre park. This area of the floodplain is in a noza-detailed area and the base flood
elevation has not been established. No dwellings have been located in the area
identified on the FIRM (flood insurance rate maps) prepared by FEMA (Federal
Einergency Management Agency) as being in the 100 year iloodplaia, and the area
is under study.
C. Location and legal Description of Property: The property proposed for
annexation and the initial zoning request is located on the south side of Three
Mile Drive, one quarter of a mile west of StiLwater Road. The property address is
520 Farm to Market Road and it car. be described as Assessors Tract 4D located
in Section. 11, Township 28 North, Range 22 West, P.M.M., Flathead County,
Montana.
D. E,astin.g land Use and Zoning: The property proposed for annexation is
currently developed with a single residence and associated outbuildings (garage
and shop). The existing residence will remain on site and a lot for it will be
created as part of this subdivision. Currently this property is in the County
zoning jurisdiction and is part of the West Valley Zoning District currently zoned
AG-80, Agricultural, with the West Valley Overlay. This is an agricultural district
that provides a .mechanism for clustering based on one dwelling per five acres. As
previously mentioned, a petition for annexation to the city of Kalispell and an
initial zoning designation of R-2 with a PUD overlay has been filed concurrently
with the request for preliminary plat approval.
E. Adjacent Land Uses and Zoning: This property is located in an area currently
experiencing a transition from rural and agricultural uses to urban scale
residential because of the recent extension of public water and sewer to the area.
North: Meadow lane residential and Flathead County Search and. Rescue
Station; AG-80 zoning
South: Aspen. Knoll Single family residential, County R-1 zoning
East: Bowser Creek Estates (undeveloped), City R-2 zoning
West: Undeveloped, County AG-80 zoning
F. Proposed Zoning: The proposed R-2, Single FazrLily Residential, zone lists single-
faanily residences as pe,snitted uses and has a minimum lot size requirement of
9,600 square feet and a width of 00 feet. The applicant is requesting a PUD that
-would allow him to create a large estate type lot containing the existing home and
shift the allowable 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 prim.arilllT agricultural land trarsitioning toward residential uses With
city annexation and services, This area can also be described as being on the
larban fringes of -Kalispell and there have been significant development pressures
in the area.
H. Utilities and Public Services: All available -public services and facilities wM be
pro �ded 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
Telephone:
CenturyTel
Schools:
School District #5, Kalispell
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
L Relation to Zoning Requirements: The applicants are proposing azinexation
and an initial ziiiung designation of R-2 `Sirith a PTTD overlay. The R-2 zoning
district has a minimum lot size requirement of one dwelling unit per 9,600 square
feet or approximately 3.3 dwelling units per acre. With a PUD overlay the zoning
allows five dwelling units per acre. This property contains a total of 20.00 acres.
The overall density of the Aspen Creek Planned Unit Development based on 20.00
acres would be four dwelling units per acre, below that which would be allowed
under either the PUD provisions or under the basic R-2 zoning classification. The
deviation from. the R-2 zoning requirements, which is generally considered single
family residential, is that this development gill have a mix of lot sizes and
housing types. 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 a townhouse situation. Essentially this would result
in a variation to the setback requirements, thereby allowing a zero setback
between dwelling units.
EVALUATION BASED ON STA'I iIT®RY 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.
1. Does the reauested zone comply with the.prowthpolicy?
The property is designated by the Kalispell Growth Policy future land use map as
"Suburban Residential" ixThich anticipates residential development with a density
of up io four dwelling units per acre. Because of the provision of public water
and sewer, to the site, the proposed f'.-2 zoning designation is in compliance with
the future land use designation for the area. The R--2 zoning has a minirrnurn 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 urban residential areas.
2. is the reQuested zone desi-reed to lessen congestion in the streets?
Once the property is developed; all of the new development and infrastr-uc' -ire
will be constructed to City standards. Density and traffic in the area w-M
increase. The increased density %U, allow for more efficient provision of public
services.. including roads. By increasing the density, the future population of this
site uNU be closer to public facilities. Vehicle tips become shorter, resulting in
fewer miles driven. Also, some residents may choose to walk- or ride bicvcles at
least some of the time; further reducing vehicle congestion.
3. Will the requested zone secure safety from fire, -panic, 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. New construction will be required to be �
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 re nested zone Drorra ote the health and eneral 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 conimu .ity. The urban
densities being proposed are generally required in order to make subdivision of
these lands 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 cost per lot create
housing that is affordable only to a few elite and not to the median or even
above income levels. Benefits to the public primarily relates to providing a
diversity of housing stock in a safe and healthy environment
5. Will the requested zone rovide for ade uate Upht and airy
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell Zoning Ordinance to insure adequate light and air
is provided.
6. Will the requested zone prevent the overcrowding of land?
This area is designated as being with 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 falls within the
proposed R-2 zoning designation. All public services and facilities ,knh be
available to serve this subdivision. Currently tins property is in the County
jurisdiction and is zoned -'�G-80, Agricultural, but they do not have access to
public sewer and water without anne-xation.
Will the. -requested zone avoid undue concentration of eorsle?
The allowable density for this property will change as a result of anne--m ion.
Minimum lot standards and use standards as well as subdivision develop rr;Pnt
standards will avoid the undue concentration of people at the *dine the property is
developed.
I
S. WiL the re nested zone facilitate the adequate provision of transportation. water,
seweragpschools. parks, and other -public requirements?
All public services and facilities are currently available or car,• be provided to the
property. Development should be encouraged ill areas where these services are
available.
9. Does the requested zone give consideration try the Particular 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 permitteduses if'7 the district.
10. Does the requested 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 buildin,-s?
Values of the buildings in the area will be consenred because the R-2 zoning will
promote compatible uses on this property, compared zv-ith other properties in the
area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
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
;" amily Residential, with a Planned Unit Development overlay on appro_ idmately 20.00
acres.- The property is located on the south side of Three Mile Drive and approximately
one mile west of Stillwater Road. There is an e�dsting single family home and
outbuildings currently on the site that has an individual driveway off of Three Mile
Drive. The borne ana outbuildings will be retained and the existing driveway will be
incorporated into a fixture roadway that will ser�,•e homes within the subdivision. It is
0111—rently in he- County zoning jurlsdac-Ion and is in the West Valley Overlay Zoning
District with a zoning designation of AG--80. agricultural. This district allows a density
of one dwelling per live acres provided it is-yiithin a cluster development. The
annexation of this property- to the city, and availability of public utilities would allow a
higher residential density. The planned unit development overlay, (PUD) ,would allow
for a mix of residential housing. As proposed the housing would be detached and
attached single faniily dwellings. The PUD approach allows the developer 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.
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 a maximum of 66
dwelling units on 20.00 acres or a density of 3.3 dwelling units per acre. It is
noteworthy that approx:maLchr 4.67 acres which is designated as being in the 100 year
floodplain is being set aside for development as a homeowners park. Additional
floodplain information is being developed as this project moves through the system. A
detailed study has been sent to FEMA (Federal Emergency Management Agency) who
evaluate proposed amendments to the floodplain data. With this a base Mood elevation
v`v�11 be established, but preli-ninarrzr responses from FEMA seers to it dicate a s alter
floodplain than what has been modeled on the map.
The development of the subdivision would occur in two phases with the first phase
including the development of the roadway off of 'Three Mile Drive that incorporates an
existing driveway into a new City street. There would be a total of 20 two unit
townhouses. The second phase of the subdivision would include the development of a
new access road from Three Mile Drive that would ultimately be shared by the
adjacent property owner to the west and secondary access would be obtained from a
pending subdivision to the east. This second phase would be dependent on the
development and coordination with the development to the east. The new roads would
be developed as City streets. The southern roadway would be extended to the
southeast corner of the property where it would connect to a new roadway in a
proposed subdivision to the east. This phase would include the remaining 46 lots in
the subdivision that would consist primarily of single family homes around the
perimeter of the site and the two unit townhouses within the interior of the
subdivision.
An approximately 4.67 acre homeowners park is proposed generally where the 100 year
floodplain is currently indicated on the FEMA reap for the area. This park area would
be developed with recreation amenities, commonly owned and maintained and would be
accessed via a pedestrian path and footbridge. This park, because it would be privately
owned and maintained by the homeowners in the subdivision, would not be available for
public use.
-riteria for the Creation of a Planned Unit Development (PUD) District -
The followring 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 preser€ring and
enhancing the integrity oft he neighborhood and the en�.rironmental 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 used Upon PUD Evaluation Criteria: The zoning
regulations provide that the planning board shall review the pUTD 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 a mix of attached
and detached single family residences. 42 of the 66 dwellings xvthin the subdivision
,vould be tuxo unit townhouses. Essentially this would result ;,, a zero lot line setback
between the units. Addltionaliv there may be some deviation from the r inimum lot
size requirement of 9,600 -s are feet of the R-2 zoning district as each of the "sublots"
are developed and sold as individual lots. however, each "parent tract" complies with
the minimum lot size requirement of 9,600 square feet.
The developer is requesting a dcviation from the setbacks for lots IA/1B through
10A/ lOB at the northeast corner of the property and lots 37A / 3 7 B near the center of
the subdivision to allow a five foot side yard setback on the sides of Lots lA through
10B and to five feet on the west property boundary for lots 37A and 37B. This will
allow more fle,- bili.ty in locating the buildings. The remaining lots in the subdivision
would be consistent with the R-2 zoning development standards which are 20 feet in
the front, ten on the sides and ten feet in the rear. It may be reasonable to require a
rxtixiimum 20 foot setback from the rear property boundary for those lots along the
southern boundary that border well established single family homes on larger lots.
Since there is no mention of a reduction in side corner setbacks an assumption could
be made i�hat it would remain at 20 feet as required under the zoning. However, staff
would not object to the reduction in the front yard and side corner setbacks to 15 feet
for the dwellings, but to require a minimum 20 foot setback for garages. 'This would
allow adequate backup space for a vehicle while allollving some flexibility for porches in
the front vard.
2. The nature and extent of the common open space in the planned
development project, the reliability of the proposals for maintenance and
conse:-vaatmon of floe commonopen space and the adequacy or inadequacy of
the amount and function of the open 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
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,
most of which is in the 100 year floodplain and would be an otherwise unbuildable
area wit min the site. pedestrian access from the subdivision to the Taark area is
proposed via an easement and existing bridge over a creek. The developer will be
responsible for the development of the park area so that recreational amenities are
provided such as landscaping, irrigation, play and picnic equipment. Passive open
space does not auaii:v as a recreational component of the subdivision. Once
developed; the horneowners w t'_r.in the development would be responsible for the
ownership and maintenance of the horneou ers park area and the park would not be
open for raise by the general public. The park area proposed is approximately- 4.6i
acres. Properly developed and maintained the park / floodplain area can prwide a
functional and adequate recreationallamenity to the development.
3. The manner in which said plan sloes or does not awake adequate provision
for public 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 wild be required to serve the
subdivision. Most of the public utilities will come from the east where they are
avai?able in the Three Mile Drive right-of-way and planned to be extended to the and
through the subdivision to the east. They will be required to be designed and
constructed in accordance with the Kalispell Standards for Design and Construction.
Additionally, new roadways will need to be constructed and are indicated on the
overall development plan for the PUD. The internal roadway providing primary access
will connect to a proposed public street to the east that has been anticipated to be
extended to connect with this property.
There are two phases proposed for the PUD with the first development phase
consisting of the 20 lots off of Three Mile Drive and closest to existing public utilities.
The second phase of the PUD is further to the west and involves the creation of a new
City street and further extension of water and sewer. The secondary access required
sander the uniform. fire code is dependent on the development of Phase 4 of the
adjoining subdivision to the east, Bowser Creek Subdivision. Specific elements of the
architecture have been submitted with the PUD application and would be subject to
architectural review.
Storm water management will be required to be handled and retained on site. No
detailed plan for handling drainage has been submitted with the application, but the
developers will be required to retain storm water on -site. A plan for storm water
management will need to be designed in accordance with City standards and uTill 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 and near the creek that exists on site. The
park area will need to be developed with recreational amenities that beep them well
-maintained and functional. Simply, maintaining them, as green space does not
constitute Elie satisfaction of parkland dedication requirements. The proposed parts
areas -will need to be further developed with irrigation., landscaping and recreational
amenities.
Although =pore of a safety issue than a recreational or park amenity. a 20 foot amide
buffer will be developed along Three Mile Drive and the staff Nould recommend the
integration of some type of pedestrian. walkway. This requirement is consistent with
the rreatrnent of other subdivisions in this area and ,vill eventua'dv provide art
connected pedestrian access system aiong this very busy, but narrow roadway.
8
4. The relationship, beneficial or adverse, of the planned development
project upon the neighborhood in which it is proposed to be established;
The subdivision and PLD design has attempted to be sensitive to the surrounding
neighborhood and natural e_nv-ironment by placing the single family homes at the
-rerimeter of the site and the two unit townhouses near the center of the property and
in an isolated pod near Three Mile Drive. The single family lots along the perimeter of
the site comply with the minimum lot size requirements of the R-2 zoning with 9,000
square feet. Further thev do not deviate from the zoning setbacks of the R-2 zoning
district of 10 on the sides 20 in the front and 10 in the rear. To further address
neighborhood issues, the Staff would recommend that the perimeter single family lots
maintain a setback of 20 feet from the rear property boundary which is consistent
with the setbacks of the Counts- R-2 zoning. Prior to the extension of public utilities to
this area, it was dominated by- large tract rural_ residential and agricultural uses.
There is a creek that crosses the property from the northwest to the east and create a
riparian area along the creek comprised of woody brush, trees and grasses. There are
slopes of approximately five to 20 percent in the area. The developer has undergone a
floodplain study in this non -detailed area to determine the area of floodplain and the
base flood elevation for the property. FEMA is in the process of reviewing the model
and will advise the engineer and property- owner of the results within the next 30 days.
This floodplain study was done in conjunction with the development of the property to
the east of this site with a similar development that has similar issues.
Lots have been located outside of the 100 year floodplain and the riparian area and
floodplain have been designated as a homeowners park. This park area will be owned,
maintained and conserved by the property owners within the subdivision and will not
be disturbed or filled with the development of this subdivision.
5. 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;
This development is being proposed in two phases with phase one near the northeast
corner of the site where utilities and access are most available. The second phase to
the south of the creek area will be dependent on the develop —meat of Phase lei of
Bowser Creek Subdivision to the east which will provide needed secondary fire access
from the site. Phasing of the development will be dependent on. the availability of
�xtilities, access and timing. The Cite of lialispell has been entering into a development
agreement with the developer of past planned unit developments which has adequately
insured and maintained the overall integrity of the development, the installation of
required infrastructure and amenities as well as the impacts the development may
have on adjoining properties. Additionally, a subdivision is being subrnitted
concurrently with the PliD which will have conditions of approval. that must be met
prior to the filing of the final plat that would allow the conveyance of lots. A standard
condition of approval is that two-thirds of the required infrastructure be completed
prior to fi ai plat approval which insures that the primary and essential aspects of the
needed infrastructure be coin -Dieted. A bond or other aarantee can be filed with the
City- of Kalispell in the amount of 125 percent of the remaining required infrastructure
4
to insure the completion of the project. Remaining improvements are generally
completed within one year of the filing of the final plat.
6. Conformity with all applicable provisions of this chapter.
Lots -within the subdivision that are designated for two unit townhouses are in excess
of the 9,600 square feet required under the R-2 zoning ordinance. However, rather
than a single family residence being placed on the lot, two single family residences
with a zero setback at a common boundary will share the "parent tract" and two
"sublots" will be created from the lot. This essentially provides for the creation of
options to the single family residences which has the effect of reducing land costs and
maintenance issues for the future homeowner. No other specific deviations from the
Kalispell Zoning Ordinance can be identified based upon the information submitted
with the application.
RECOMMENDATION
Staff recommends that the Kalispell City -County Planning Board adopt staff report
KA-04-14 / KPUD-04-6 as findings of fact and recommend to the Kalispell City
Council that the property be assigned a zoning designation of R--2 / PUD subject to the
following conditions;
1. That the development of the site shall be in substantial compliance with
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 the proposed deviation from zoning setbacks from 10 feet on the sides to five
feet on the sides be applied to Lots 1A / 1B through Lots 10A / 10B. Lots 37A
/37B shall have a rive foot setback from the crest boundary and a 15 foot setback
for the primary structure and 20 foot setback for the garage for the property that
fronts the street. Lots lA / 1B through 10A / 10B shall be allowed a 40 percent
lot coverage rather than. the 35 percent required in the R-2 zoning district.
3. 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.
4. That permits be obtained from the Flathead Conservation District, Montana
Department of Natural. Resources and the Montana Department of Environmental
Quality for any work or activity along the Spring Creek Channel or a letter from
those agencies stating that the scope of ;work does not require permitting,
5. That the plazas and specifications for all public infrastructure be designed and
installed in accordance with the Kalispell Design. and Construction Standards and
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).
i0
6. That an easement shall be obtained from the adjoining property- owner to the west
granting the right to develop the proposed 60 foot right-of-way for road and -utility
purposes and once completed dedication to the City of Kalispell as a public
roadway. (Kalispell Subdivision. Regulations, Section 3.08 (A)}.
f. That a minimum 20-foot buffer strip shall be established between Three Mile
Drive and the subdivision that would include a bike and pedestrian trail and
buffering in the form of beaming or landscaping or both. These improvements are
to be coordinated with the Kalispell Public Works Department, Parks and
Recreation Department, Flathead County Road Department and Montana
Department of Transportation.
8. The follo-%" _ng 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 Uniform Fire Code (1997) Appendix Ill --A.
b. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction. Additional design
information shall be submitted for approval by this department,
c. Fire Department access shall be provided in accordance with. Uniform Fire
Code (1997) Article 9.
d. Secondary emergency access shall be addressed during project phasing as
required by this department.
e. Emergency vehicle access to the existing 3 structures is indicated via an
existing wooden bridge. More information is required related to the adequacy
of the bridge structure to support fire apparatus.
f. Due to project phasing it should be noted that hazardous weed abatement
shall be provided in accordance with City of Kalispell Ordinance 10-8.
9. 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).
1v. That the area designated on the plat as "park" shall meet the requirerients 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
develop—ment and not simply left as passive open space. (Kalispell Subdi-6sion
Regulations, Section 3.19).
11. That a provision be made for a future 50 foot right of way easement within the
subdivision that would allow for the extension of the proposed roadway to provide
future access to adjoining properties to the west in the area of Lots 18 and 19.
(Kalispell Subdivision Regulations, Section. 3.04).
12. That a detailed floodplain study be completed and accepted by FEMA determining
the base flood elevation for the f oodplain 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. The base flood elevation as determined as accepted by F'EMA shall be
indicated on the finial plat.
13. That a letter be obtained from the Montana Department of Transportation and
Flathead County Road Department stating that the proposed accesses onto Three
Mile Drive (Farm to Market Road) have been reviewed and approved and any
associated and necessary improvements have been satisfactorily completed.
(MD OT)
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
C ontrol Devices Manual and be subject to review and approval_ of the Kalispell
Fire Department. A letter shall be obtained from the Kalispell. Public Works
Department stating the naming and addressing on the final plat have been
reviewed and approved (Kalispell Subdivision Regulations, Section. 3.09).
15. All existing and proposed easements shall be indicated on the face of the finial plat.
Utility easements for City water and sewer shall be provided to allow for the logical
extension of utilities from this subdivision to adjoining properties. A letter from the
Kalispell Public Works Department shall be obtained stating that the requirement
easements are being shown on the final plat.
16. The developer shall provide a letter from the U.S. Postal Service approving the
plan for mail service. (Kalispell Subdivision Regulations, Section 3.22).
17. 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.O9(L)).
18. All utilities shall be installed underground. (Kalispell Subdivision Regulations;
Section 3.1 J ).
19. That a minimum of rwo-thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal.
20. All. areas disturbed during development of the subdivision shall be re -vegetated
'with a weed -free mix immediately after development.
21. That a development agreement be drafted by the Kalispell Citv 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 Pla fined Unit
Development (PUD) zoning for the site.
22, 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 two year extension as each phase of the subdivision plat has been
completed and fled. (Kalispell. Subdivision Regulations, Section 2.04),
REPORTS\KALISP LL\I AD4-14/KPUD04-6,DOC
780 T °c i_- Dr_ e
P.O. Box 207 i
;aiisrel'._ N1T 5990-3-2071.
uciobei
:rt.
Nardi Vilson
-City Pl= ,ping Office
Secon i Street Cast. Suite 211
T ie t4066752 7808
Fax :"406
'E-mail: ;larsenCa centurytei.net
e: Asper, ;:reek Subdivision, Tract 4C in Section 11, Township 28 North: Range 22VVest,
P.M.M.,=iathead County, Montana.
car Nard,,:
: _1.ached ar- the following submittals for the above referenced project
Major '- _:bdivision Application.
Plenn�:_ Unit Development Application
Petiiiff! -or Annexation and Initial <;.oning Application.
Petiticr to Annex and Notice of Withdrawal from Rural Fire District.
Fnvirc ::Tnenial Assessment.
,_.so attach . t are all the. required attachments that go along with the above submitted materials,
:� .fou have -any questions, please call me at 75-2-7808.
Ve y y s.
I e P.L.S.
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Pone: (406) 751-1850 Fax: (406) 751-1858
PETITION FOR ANNEXATION AND INITIAL ZONING
CITY OF KALISPELL
NAME OF APPLICANT: 6 ' - —i D �
MAIL ADDRESS: 1 i Sq
CITY/STATE/ZIP: M= 571`10S _PHONE: 2—L0 — 2c 4
INTEREST IN PROPERTY: 0 EAU � ff:?�
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: Lt1 _- , eA EA G WE
MAIL ADDRESS: D • i�c� 7GC-i
CITY/STATE/ZIP: V4 L(S P F_� 59CI03 _ PHONE:
INTEREST IN PROPERTY:I~-
PLEASE COMPLETE THE FOLLOWING:
Address of the property. 15 2-0 M�P-0 ::jp VA-r ��' F-0 A.P
Legal Description:, TILAaT1-- C'O'S 15g4l , ASSf5,, 0!� -, mac' i)
(Lot and Block of Subdivision, Tract 4)
Z P -0'8 t6CzI t T-AN% Cta 02
(Section, Township, F:ange) (Attach metes and bounds as Exhibit A)
The present zoning of the above property is: co u f
The proposed zoning of the above property is: Z
State the changed or changing conditions that make the proposed amendment necessary-:
FGe, ] 1 �5,4P tSan / FJ p
�t N ��Khi7ar
_ iN_ _I �l 1S AR�,� Hxs ocz_"p_ep
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The signing of is application signifies that the foregoing information is true and accurate based upon the
best info n vailable and further grants approval for Tri-City Planning staff to be present on the
property for r e ' spectioIl during the anIl n process.
(Applicant) (Date)
APPLICATION PROCESS
APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS
Pre -Application Meeting
A discussion with the planning director or designated member of staff must precede filing of this
application. Among topics to be discussed are: compliance with the master plan. compatibility of
proposed zoning with surrounding zoning classifications and the application procedure.
Completed application form.
Completed Petition to Annex and Notice of Withdrawal from Rural Fire District form. including an
Exhibit A, legal description of the property,
4. Adjoining properh owners list (properties within 150 feet of subject property) See example below.
Assessor# See-Twn-Rng Lot/Tract No Property Owner & Mailing Address
Annexation and Initial Zoning Fee made payable to the Tri-City Planning Office.
6. Fee Schedule. -
Residential (I acre or less) no fee
All other annexations:
Over I acre - S100 for first acre 10 per acre over I acre
7. A bona fide legal description of the property from a recent sun ey, title report or deed which accurately
describes the property, to be annexed.
As Apprcwed by TCPB, Effective of /05
ASPEN MEADOWS PLANNED UNIT DEVELOPMENT APPLICATION
(Items E. (a.-j.)
Applicant responses in italic.
E. a . An overall description of the goals and objectives for the development of this project,
A Planned Unit Development (P. U.D) is a special zoning classi lcation that allows the community greater
zoning control in exchange for options on the part of the landowner. The P. U. D. is a costly process for a
landowner due to the more detailed up front requirements.
The goals of this P. U. D. are to encourage efficient use of the land, public services and to preserve and
enhance the integrity, economics and e,-vironmental values of Flathead County. The Tri-City Planning 0 ice along
with the Kalispell City Planning Board and Kalispell City Council will review the P. U.D. application and attached
documents. The process affords ample opportunity for public involvement because public notice is published in the
local newspaper and immediate adjacent land owners are noted.
Residential P. U.D. is used as a tool to afford a landowner greater opportunity to benefit the community
while retaining zoning control. This process allows greater flexibility with regards to lot size and open space to fit
the unique topographic features of a given site.
The public is also benefited with this process for this particular site because the process will protect areas
in the floodplain and riparian areas and utilize areas for residential development that are out of the floodplain and
riparian areas. This is a benefit to the public because the most sensitive areas owned by the applicant will be
protected by the flexibility the P. U.D. tool offers. The P. U. D. is a benefit to both the community and the owner
because it allows the use of private property in a sensible manner that addresses the unique characteristics of this
property and allows a density that will make this development economically feasible far both the public and
landowner benefit.
E. (b3 In cases where the develownent will be executed in increments. a schedule showing
the time within rhase will be coM feted.
It is proposed to perform this project in two phases as shown on the Preliminary Plat. We would anticipate
that improvements for Phase I will be completed within one year of Preliminary Plat arproval. We would
anticipate that the lots would be at full build -out within two years of Preliminary Plat approval. We would
anticipate that the Improvements for Phase 2 would be complete within 3 years of Preliminary Plat approval and
the lots would be at full build -out within 5 years of Preliminary Plat approval, Keep in mind this is only an
estimate, because development timing can have many variables.
It is important to note that we are working with the owner directly east of this property with regards to
access, sewer, water andpark issues. As the process progresses the exact timing and location of each phase could
change due to these issues.
E. c. The extent to which this plan departs from zoning and subdivision regulations including
but not limited to density. setbacks and use and the reasons why such departures are or
are not deemed to be in the public interest.
The plan does not depart from subdivision regulations. The use of this property as a P. U.D. is well within
the zoning district requirements for a P. U.D. The developer wants to deviate from the setbacks as set forth in the
zoning district. The developer is requesting a 5 foot side yard setback and a IO foot setback from the rear on lots
(2)
4,5, 9,10 & 3i. This setback deviation is deemed to be in the public interest because by allowing the developer
flexibility with regards to his lot configuration and setbacks, the property can be developed in such a manner that
will protect floodplain and riparian areas and at the some time allow a suitable densiy, to make the project
economically feasible to develop. This is a benefit to the community because it will provide much needed residential
housing in the Kalispell area. The project will also accomplish extending city services to the far west edge of the
subject property, which is benefit for the future growth of the City of Kalispell to the west of this subject property.
E. d, The nature and extent of the common open sace in the ro'ect and the provisions for
• maintenance and conservation of the coznxnon open styace,and „the „ adequacy of the
amount and function of the open space in terms of the land use, densities and dwelling
t,roes proposed in the plan..
The developer is proposing 9.6i acres ofpark and 20 foot wide landscape buffer strip along
Farm to Market Road The large size of park provides a large amount of open space into the subdivision design
that will protect sensitive floodplain and riparian areas.
The large open areas of the subject property offset the overall plan ofproviding duplex townhouses. The
townhouse concept will allow the density required to make the project economically feasible and allow the applicant
to provide an affordable housing unit to the citizens of the DO) of Kalispell. The overall density of the subject
property is 3.3 units per acre which is generally consistent with the Kalispell Growth Policy.
E e. The manner in which services will be provided such as water, sewer, storm water
management. schools. roads, traffic management, pedestrian access, recreational
facilities and other applicable services and utilities.
Water and sewer service will be provided by the City of Kalispell municipal systems once the property is
annexed into the city. Storm water will he managed on site by the use of drainage via curb and gutter that will
transport storm water to on -site storm water management facilities such as swales or retention ponds. The project
will utilize the Kalispell school district and Flathead High school. Main access to the subdivision is from Farm to
Market Road and internal subdivision roads will be built to city standards including curb, gutter and sidewalks.
Trajftc management is handled by main access to the site from Farm to Market road and adequate design of
internal subdivision roads to city standards. In addition, access is being designed in conjunction with concurrent
design of the property directly east of this subject property. This concurrent design will help the city with safety
issues with regards to both properties for emergency vehicle access. Pedestrian access will be provided by
designing sidewalks into the internal subdivision road design to city standards. The recreational facilities could he
handled on -site by the relatively large size park site_
E f The relationship, beneficial or adverse. of the planned unit develo menfi project upon the
neighborhood and the peculiar suitability of the pro-PeLty for the ploposed use.
The property will be designed as single family detached and duplex townhouse lots. Currently the area
consists of single family detached housing on all sides except to the west of the subject property which is large farm
field This area is in transition and is rapidly changing from a rural residential density into suburban residential
and urban density. The city is moving in this direction and this type ofproject will fit with city type densities.
Neighbors in County zoning districts surrounding this property may view this subdivision to be too dense. But
because of the substantial cost to extend city services such as sewer and water mains and to build infrastructure
such as roads and sidewalks to city standards, which are to a higher standard than county requirements, a higher
density is required to make the project economically feasible. It is also not required to have lots as large as
surrounding county zoning districts because an area for a well and a septic system for each lot is not required
(3)
E How the 121an provides reasonable consideration to the character of the neighborhood
and peculiar suitability of the ro erty for the prpposed use.
This proposal will fit into this area and the general direction with which this area is developing, The
project creates single family town house lots that will help provide affordable lots for the citizens of Kalispell.
The overall average density of this proposal will be in general compliance with the Kalispell City Growth Policy.
Right now the character of this district is larger lot county zoning districts, but the area is rapidly changingfrom
large lot rural residential acreage to suburban residential and urban type residential densities. The City of
Kalispell is moving in this direction and this type of development will be consistent with the densities that will occur
in the future as the City of Kalispell continues to grow in this area.
E h. Where there are more intensive uses or incompatible uses planned within the roject or
on the project boundaries, how will the impacts of those uses be mitigated?
The townhouse lots will be mitigated by setting aside a large park area that helps to protect floodplain and
riparian areas. In addition the design provides a mixture of single family detached housing and duplex townhouse
units with mostly duplex units on the inside of the subdivision with the exception of the Phase I portion. The
Phase 2 duplex townhouse lots are placed in the middle of Phase 2, Single family detached homes are along
all outside boundaries of Phase 2. This helps to mitigate any potential impacts to surrounding adjacent property.
E. i. How the development will further the goals. policies and objectives of the Kalispell
Growth Policy.
This project will further the Kalispell Growth Policy by providing City type residential development into
this rapidly developing area. Several other projects in this vicinity have been recently approved for Preliminary
Plat. The Growth Policy will be further promoted by extending utilities for sewer and water utilities through
this area and provide city services to property west of this subject property.
The proposal is consistent with the Kalispell Growth Policy which designates the property as Suburban
Residential, The Suburban Residential designation allows a density of 4 units per acres. The overall density of this
proposal is 66 units on 20 acres for an overall density of 3.3 units per acre which is consistent with the .Kalispell
Growth Policy. By utilizing the proposed R-3 P. U. D. designation we can design this project to be consistent with
the Kalispell Growth Policy and also address the unique characteristics of the property. The flexibility will allow
the project to protect sensitive areas near Spring Creek, which furthers the goals of the Growth Policy.
If this proposal is approved at this density, the proposal will help eliminate the demand to divide nearby
large tracts into lots of a larger size that may make it difficult to design city type subdivisions further out. By
keeping the development close to the City of Kalispell there will be less impact on transportation, public safety
and school systems, which will promote the general welfare and the goals and objectives of the Kalispell Growth
Policy.
The large park in the proposal preserves some open space and lends an element of the previous rural
nature in this area.
E. 0.) Include site plans. drawings and schematics with s=orLing narratives where needed
that includes the following information.
(l.) Total acreage and present zoning c3assifications: The total acreage of the proposal is 20 acres
and the current zoning classification is Ag 80, WVO. We are proposing R-2 P. U. D, city zoning.
(2.) Zonina classification of all adjoining properties: The property to the East is zoned R-2, the property
to the west is zoned Ag-80 iX'YD; the property to the South is zoned R-1,
(4)
�3.) Density in dwelling units peT acre; The density in dwelling units per acre is 3.3 unitslacre.
4, Location. size hei ht and number of stories for buildings and uses gKqiaosed for buildings; The
Location of the proposal is 520 Farm to Market Road (3 Mile Drive). The development proposes
a mixture of 42 duplex townhouse units (two story); and 24 single family lots that may be either
single or two story. Attached with submittal are elevations of the typical proposed units.
(5.) Layout and dimensions of streets, parking areas, pedestrian walkways and surfacing. The Preliminary
Plat shows the lavout of the streets. The street will be constructed to city standards with paved
surfacing, curb and gutter, boulevard and a 5 foot wide sidewalk on both sides.
6. Vehicle emergencv and pedestrian access. traffic circulation and control: The .Preliminary Plat
shows the proposed Vehicle, emergency and pedestrian access and traffic circulation. Traffic
control will be handled by one access onto Farm to Market road for Phase I and one access onto
Farm to Market road for Phase 2. These accesses will be controlled by stop signs for access onto
Farm to Market Road. In addition, this project is being designed in conjunction with the property
directly to the east of this site and access will be provided through that property for emergency
vehicles. Pedestrian access will be provided throughout this subdivision by sidewalks on both sides
of the street that will be built to city standards. There is adequate access shown to the park from
all parts of the subdivision.
7. Location. size height. color and materials of si ns• The applicant proposes a 5' x 9' sign at the
main entrance to each phase that will be cedar with the wording "ASPEN CREEK SUBDIVISION ".
The sign will be painted in earthtone colors.
(S.). Location of fencing and or screenings We would propose screening along the south ooundary
adjacent to Aspen Knoll Phase I which would consist ofplanting poplar trees at 20 to 30feet on
center. See item 9. below for other landscape screening.
(9.) Location and type of landscaping;. Along Farm to Market Road it is proposed to construct a bicvcle
path and landscape buffer. Grass, shrubs and small trees will be planted around the townhouse units
for landscaping.
(10,) Location and type of open space and common areas; The Preliminary Plat shows a large park
and 20 foot wide buffer along Farm to Market Road
01.) Proposed maintenance of common areas or open space, It is proposed that the park will be a private
park and maintenance will be handled by a homeowner's association maintenance Agreement,
(12.) Property boundary locations and setback lines: The property boundaries are adequately shown on
the Preliminary Plat We are proposing lot setback lines of 10 feet from the back for Lots 4 9,10 and
37 and 5 feet side yard setbacks for all lots.
(13,)) Special design standards, materials and f or colors, The units will all be earth tone colors so there
will be pleasing consistency with the look of the subdivision. Siding will be of similar materials on
the units.
0 4.) Proposed schedule of completion and phasingof the development, if applicable; It is proposed
to complete this project in two phases as shown on the Preliminary Plat. We would anticipate that
improvements for Phase I will be completed within one year of Preliminary Plat approval. We would
anticipate that the lots for Phase I will be at full build -out within three years of Preliminary Plat
approval. It is estimated that the improvements for Phase 2 will be completed within 3 years of
Preliminary Plat approval and the lots will be at full build out within 5 years of Preliminary Plat
approval.
Q 5.) Covenants. conditions and restrictions: Attached with this submittal is a copy of the proposed
C.C. &R.s for this project.
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Tri-City Planning Orrice
17 Second St East, Suite 211.
Kalispell,, MT S9901
Phone: (406) 751-1850 Fax: (406) 751-1858
CITY OF KALISPELL
APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD)
PROJECT NAME'f
i . NAME OF APPLICANT: Lf 6 L4-- - J N 5C14
2. MAIL ADDRESS: T 0 ,
3. CITY/STATE/ZIP:. �4T 5 15103 PHONE: 256 -~ - ?, b+
NAME AND ADDRESS OF OWNER IF DIFFERENT THAT APPLICANT:
4. DAME: �a+v3 5oY
5. MAIL, ADDRESS:
E CITY/STATE/ZIP:
PHONE:
7. TECHNICAL ASSISTANCE Loo—S4J r-4,,34, 4 19L4iz- tjC- _
8. IvL9iL ADDRESS:, P..t,, k:'ux
9. CITY/STATE%ZIP: � SP t. 1
If there are others who should be notified during the review process, please List those.
Check One:
Initial PUD proposal
Amendment to an existing PUD
A. Property Address: S Zo
B. Total Area of Property: r4 G
C. Legal Description.. A55 -S`M a SmT-
(Section, Township, Range)
D. The present zoning of the above property ^is:
1
E. Please provide the following information in a narrative format with supporting
drawings or other format as needed:
a. An overall description of the goals and objectives for the development of
the project-
b. In cases where the development will be executed in increments, a
schedule showing the time within phase will be completed.
C. The extent to which the plan departs from zoning and subdivision
regulations including but not limited to density, setbacks and use, and
the reasons why such departures are or are not deemed to be in the
public interest;
d. The nature and extent of the common open space in the project and the
provisions for maintenance and conservation of the common open space;
and the adequacy of the amount and function of the open space in terms
of the land use, densities and dwelling types proposed in the plan;
e. The manner in which services u-ill be provided such as water, sewer,
storm water management,' schools, roads, traffic management,
pedestrian access, recreational facilities and other applicable services
and utilities.
f. The relationship, beneficial or adverse, of the planned development
project upon the neighborhood in which it is proposed to be established
g. How the plan provides reasonable consideration to the character of the
neighborhood and the peculiar suitability of the property for the
proposed use.
h. Where there are more intensive uses or incompatible uses . planned
within the project or on the project boundaries, how with the impacts of
those uses be mitigated.
i. How the development plan will further the goals, policies and objectives
of the Kalispell Growth Policy.
j. Include site plans, drawings and schematics with supporting narratives
where needed that includes the following information:
(l). Total acreage and present zoning classifications;
(2). Zoning classification of all adjoining properties;
(3). Density in dwelling units per gross acre;
(4). Location, size height and number of stories for buildings
and uses proposed for buildings;
(5). Layout and dimensions of streets, parking areas,
pedestrian walkways and surfacing;
N
(6). 'Vehicle, emergency and pedestrian access, traffic
circulation and control;
(7). Location, size, height, color and materials of signs;
(8). Location and height of fencing and/or screening
(9). Location and type of landscaping;
(10). Location and type of open space and common areas;
(11). Proposed maintenance of common areas and open space;
(12). Property boundary locations and setback lines
(13). Special design standards, materials and / or colors;
(14). Proposed schedule of completions and phasing of the
development, if applicable;
(15). Covenants, conditions and restrictions-,
(16), Any other information that may be deemed relevant and
appropriate to allow for adequate review.
If the PUD involves the division of land for the purpose of conveyance, a preliminary
plat shall be prepared in accordance with the requirements of the subdivision
regulations.
Please note that the approved final plan., together with the conditions and restrictions
imposed, shall constitute the zoning for the district. No building permit shall be
issued for any structure within the district unless such structure conforms to the
provisions of the approved plan.
The signing of this application signifies that the aforementioned information is true
and correct and grants approval for Tri-City Planning staff to be present on the
property for routine monitoring and ins ection during review process.
(Applicant)
3
bate)
APPLICATION PROCESS
APPLICABLE TO ALL ZONING APPLICATIONS:
A. Pre -Application Meeting:
A discussion with the Planning Director or designated member of staff mus.
precede Ming of this application. Among topics to be discussed are: Master
Plan compatibility with the application, compatibility of proposed zone change
with surrounding zoning classifications, and the application procedure.
B. Completed application form.
C. Application fee per schedule, made payable to the Tri-City Planning Office.
D. A bona fide legal description of the subject property and a map showing the
location and boundaries of the property.
E. A list of the names and mailing addresses of all property owners within 150 feet
of the subject property as shown on the Assessor's roll.
Assessor No. S-T-R Lot/Tract No. Properry Caner & Mailing
Address
Fee Schedule
PUD Zoning Review:
Residential $600.00 + $15/acre
Commercial $800.00 + $15/acre
Mixed Use $850.00 + $15/acre
* Deduct $200 from PUD fee if application is concurrently submitted with a
preliminary plat.
Please confer the with staff of the Tri-City Planning Office for submittal dates and
dates for the planning board meeting at which it will be heard in order that
requirements of state statutes and the zoning regulations may be fulfilled.
0
TC;PC
APPLICANT: Douglas Johnson/Aspen Creek Subdivision
1, the undersigned certify that l did this date avail via certified avail a copy
of the attached notice to the following list of landowners ad_;joiara the
property lines of the property that is requesting a preliminary plat, planned
unit development and annexation.
Date:
S-T-R: 1 i-29-22
Lot/Tracts# Tract 1 COS 15941 OR Tract 4D
Property Owner/Mail Address:
Douglas Johanson
P.O. Box 11.59
Kalispell, MT 59901.
Larsen Engineering & Surveying
P.O. Box 2071
Kalispell, MT 59905-20 71
Ali D A T TACHED LlS1`
Tlei- T � ncF ice
In
17 Second Street East -Suite 211
Kalispell, Montana 59901
Phone; (406) 751-1850
Fax: (406) 751-1858
tricity ),centurytel.net
www.tricityplarining-mt.com
You are being sent this notice because you are a property owner within 150 feet of the
proposed project noted below and will be most directly affected by its development. You have
an opportunity to present your comments and concerns at the meeting noted below. You may
contact this office for additional information.
NOTICE OF PUBLIC HEARING
KALISPELL C= PLANNING BOARD AND ZONING COMMISSION
The regular meeting of the Kalispell City Planning Board and Zoning Commissior� is
scheduled for Tuesday, November 9,. 2004 beginning at 7:00 PM in the Kalispell
City Council Chambers, Kalispell City Hall, 312 First Avenue East, and Kalispell. The
planning board will hold a public hearing and take public comments on the following
agenda items. The Board will make a recommendation to the Kalispell City Council
who will take final action.
1. A request by Murcon Development, Inc. for preliminary plat approval of Lot 3 of
Daley Field Subdivision, a 7 lot commercial subdivision on approximately 7.41
acres. The developer is proposing seven commercial lots located on the west side
of Hwy 93 South at its intersection with Kelly Road. All lots would be accessed
via an internal, subdivision road.
2. A request by Douglas Johnson for an initial zoning designation of R-2, Urban
Single Residential, with a Planned Unit Development (PUD) overlay upon
annexation to the city of Kalispell on approximately 20 acres. The property is
located west of the southwest corner of Three Mile Drive and Stillwater Road. In
conjunction with the annexation and proposed PUD zoning designation, a
subdivision has been filed to be known as Aspen Creek that proposes a total of 66
lots that would consist of 24 single-family lots and 42 two -unit townhouses. This
property is currently in the County zoning jurisdiction and is zoned AC-80, an
Agricultural zoning district..
3. A request for Douglas Johnson for preliminary plat approval of Aspen Creek, a 66
lot residential subdivision on approximately 20 acres. As proposed there would be
24 lots for single-family homes and 42 two -unit townhouse lots. A request for
annexation and an initial zoning designation of R-2, j PUD has been fled
concurrently with the subdivision request.
4. A request by the City of Kalispell for an initial zoning designation of R-4, Two
Family, upon annexation to the city of Kalispell on approximately 1.69 acres of
City owned property. The property is located at the northern terminus of Western
Drive west of 707, Avenue East. The property is currently in the County zoning
jurisdiction and is zoned R-1, Sub -urban Residential. This fulfll.s notice and
public hearing requirements of the City of Kalispell under the state statutes.
Providing Community Planning Assistance To:
City of Columbia Falls - City of Kalispell s City of Whitefish
=i�,.la.SDl...._ ��----- Boa: ;u.�.f7::, Lear -tag T"dGv..
�Ia` e 2
5. A reau est by the Citv of Kalisrell for an inn al zoning designation of 1-1, Light
lndustHai, upon ation to the cit;r of Kalispell, art appro,—dimateiv 6.34 acres of
City owned proper_' . 7ae proper' - is located west of the Kalispell Cit r <Ar -orr
runwav and east of the Kalispell wastewater treatment facility. The property. is
Currently in the County zoning jurisdiction and is zoned 1-1, Light Lndustnial.
T'nis fulfills notice a -ad public hearing recuirements of the City of Kalispell under
the state statutes_
6. A recuest by the City of Kalispelll for an initial zoning designation of P-1, Public,
upon annemmation to the cir,- of. Kalispefi on approximately 8.23 acres. The
property is located south of Rawson. Field and west of First Avenue Nest. The
proper-7 is currently in the County zoning jurisdiction and is zoned R-5, Two
Family Residential. This f4.Ms notice and public b.eariag requirements of the City
of Kalispell under the state statutes.
Documents pertaining to these agenda items are an file for public inspection at t-he
Tri-City planning Office, 17 Second Street East, Suite 211, Kalispell, M7 59901, and
are available for public review during regular office hours.
Interested persons are encouraged to attend the hearing and make their and
concerns known to the Board. Written comments may be submitted to the Tri-City
Planning Office at the above address, prior to the date of the hearing, or you may
contact Narda Nilson, Senior Planner at (406) 751-1.850 or e-mail at
t,-ic,,r=ardac-vct-nturvtel.--i e= for additional inform ation.
Sincereiv,
Narda A. Wilson
Senior Planner
DOUGLAS JOHNSON LARSEN ENGINEERING FLATHEAD COUNTY SEARCH
PO BOX 1159 PO BOX 2071 & RESCUE- ASSOC.
KALISPELL. MT 59903 KALISPELL. M T 59903 PO BOX 358
KALISPELL_ MT 59903
GATES. ROBERT & JOAiN
136 WEST VIEW DR
KALISPELL. MT 59901
FERCHO, GUNTER &
MARG ARETE
170 ASPEN LOOP
K_ALISPELL. MT 59901
KIENAS, JANICE
535 3 MILE DR
KALISPELL, MT 59901
GATES �R. ROBERT & JOAN
136 WEST VIEW DR
KALISPELL, MT 59901
ARLINT, W ALLEN & BETTY
565 THREE MILE DR
KALISPELL, MT 59901
CORBETT. MIKE & jANT
995 BLACKMER LN
COLUMBIA FALLS, NIT 59912
DORS, K C
908 AVE B NW
GREAT FALLS_ MT 59404
PURDY, RUSSELL
214 COMMONS WAY
KALISPELL, MT 59901
RICH, KATHLEEN
RICH, ROGER
PO BOX 7084
KALISPELL, MT 59904
STEVEN BURGL AND
604 7Tx AVE W
KALISPELL, MT 59901
MARTIN. MATTHEW &
ELIZABETH
180 ASPEN LOOT'
KALSPELL, MT 59901
FARRIS FAMILY TRUST FOREST &
MARGARET
AD%MARILYN JOHNSON
1760 PINES BLVD
KALISPELL. MT 59901
STANLEY FAMILY LIMITED
PARTNERSHIP, ROY
PO BOX 314
LAKESIDE, MT 59922
WINTERS, RUSSELL & CAROL
120 WEST VIEW DR
KALISPELL, MT 59901
L A LC)
L/ ' / .....d'
No, 87043
NOTICE OF PUBLIC
HEARING
KALISPELL CITY
PLANNING BOARD
AND ZONING
CCjJMISSION
November 9, 2004
The regular ;neeting of
,he Kalispell City Plan-
ning Hoard and Zoning
Commission is scned-
uled for Tuesday, No-
vem oer 9. 2004 begin
ning a_ 7700 FM in the
Kalispell City Council
Chambers, Kalispell
City 'Hall. 312 First Ave-
nue East, Kalispell. The
planning board will hold
a oubiic hearing and
take public comments
on the following agenda
items- The Board will
make a recommenda-
tion to the Kalispell City
Council who will take fl-
nal action.
1. A request by Mur-
con Development. Inc.
for preliminary plat ap-
provai of Lot 3 of Daley
Field Subdivision, a 7 lot
C'ommerciai subdivision
on approximately 7.41
acres. The deveiOper Is
proposing seven com-
mercial lots located on
the west side of Hwy 93
South at its intersection
with Kelly Road. All lots
would be accessed via
an internal subdivision
road. The property can
be described as Lot 3 of
Daley Field Subdivision
In Section 20, Township
28 North, Range 21
West. P.M.M., Flathead
County, Montana.
2. A request by Doug -
!as Johnson for an initial
zoning designation of R-
2, Urban Single Resi-
dential, with a Planned
Unit Development
fPU07 overlay upon an-
nexation to the city of
Kalispell on approxi-
rnately 20 acres. The
property is located west
of the southwest corner
of Three Mile Drive and
Stillwater Road. In con-
junction with the annex-
ation and proposed
nIJD zoning designa-
subdivision has
"qen filed to be known
as .Aspen Creek that
?r-oposes a total of 66
ots that Nould consist
cf 24 single family -tots
a^d 42 tiro -unit -own-
i?ouses. This property is
rentfy in the County
oning jurisdiction and
's zoned AG-80, an Ag-
ncultural zoning district.
The property can be de-
scribeci as Assessors
Tract 4D or Tract 1 of
S ', 5941 in Section
�;:vr�sni 23 ''do;rh.
n �2 22 iIVeSt.
JI.;'vE.. Flathead : jun:-
-le: tang.
request f^r Doug-
las Johnsen for nreim-
nary ola` approval or As -
Der, 'CreeK. a 66 lot rest-
dentiai subdivision on
approximatsiy 20 acres.
As crocosed there
would be 24 rots for sin-
gie family homes and 42
two -unit townhouse lots
A request for annexa-
tion and an initial zoning,'
designation of P-2. 1
PUD has been.filed con-
ourrenti r-with'fhe-subdi- :
vision request The:;,
property can be cescrl
bed as a portion of As-
sesscrs Tract 4D or :
Tract 1 of COS 15941 in
Section 11, Township
28 North, Flange 22'
West, P.M.M , Flathead`'
County, Montana.
4. A request by the
City of Kalispell for an
initial zoning designa-
tion of R-4, Two Family,.;.
upon annexation to the
city of Kalispell on ap ,
proximately 1.69 acres.",..
of City owned property.
.;;^:
T'le property is located`:
at the northern terminus.:.
of Western Drive west
of 7th Avenue East.:.:..
The property is currently?
m the County zoning jutli
r:Esdiction and is zoned
R-1, Suburban Residen-
tial. This fulfills notice
and public hearing re-
guirenlents of the City of:
Kalispell under the state
statutes. The property
can be described as:
Tract 1 of COS 1775C
and Parcels A and B of
COS 3361 in Section'
18, Township 28 North;>
Range 21 West,
P,M.M,, Flathead Coun
ty, Montana.
5. A request by the
City of Kalispell for art.
initial zoning designa-
tion of 1-1, Light Industri,
a!, upan annexation to
the city of Kalispell on
approximately 6 34 -
acres of City owned..;
property. The property-,;';
is located west of the:
Kalispell City Airport
runway and east or the:
Kalispell wastewater'
treatment facility. Thee'
property is currently in
the County zoning tuns
diction and is zoned 1
L;aht industrial. This,'
'
ruftllls notice and Dubuc
nearing requirements of.,
the City of Kalispell un
aer the state statutes::_:
The property can be de-
s:.ribed as Parcel ? o#'.
CCS 4884 and Parcel V.
:;t COS 8528 in Section):
2 , Tcyinship 28 �'Norih;
Rance 21 itvest,.1
P. .. ;-iathead Cc_m-=.
tv. Santana.
5. A request by the
wily c Kalispell for an
a - -no uesigna-
;ic^ of -.. Public. upon
arrne,ation to the city of
ac-crcxi-
nat���
STATE OF MONT ANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
CHRIS SCHUL.DHEISS BEING DULY
SWORIN, DEPOSES AND SAYS; THAT SHE IS TE
LEGAL CLERK OF THE DA 1LY LN'TER LAKE A
DAILY NEWSPAPER OF GENERAL CIRCULATION
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA. AND THAT NO 8709
LEGAL, ADVERTISEMENT WAS PRINTED AM
FO-B LISHEi � RV i HE REGULAR AND ENTIRE
ISSUE OF SAID PAPER, AND IN EACH AND
EVERY COPY THEREOF ON THE DATES OF
OCT 24, 2004
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE MINIMUM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FORS SAME ER OF INSERTIONS.
Subscribed and sworn to before me this
AD. OCT 25, 2004
Notary Public for the State of Montana
Residing in Kalispell
My Commission expires 9/II/05
prOpECty lS io-^ate
JCun— of €�-',avv5or r;cIL
enq Nest of 'Pirst Ave-
nue Wes-,. The crccert,
is currentiy €n the Coun-
t✓ zoning jur!sdiCtlfli?
and is zoned R-5. Two_.
Family Residential. This.
fulfills notice and public
hearing require�tents of
the City of Kalispell un=
der the state sfatutes.
The property can be de-
scribed as Parcel A o;i.
COS 12551 in Section`;;:
13, Township 28 North;%,`
-,Range 21 West,'
DI -M,M.. Flathead Count'
ty, Montana.
Documents pertaining:.
to these agenda items.
are on file for public in-
spection at the Tri-City
Planning Office, 17 Sew
and Street East, Suite
211, Kalispell, MT
599U1, and are avail
ble for public review
during regular office.
hours -
Interested persons are:
encouraged to attend',.
the hearing and make
their views and core
cerns known to the
Board. Written corn+-'
ments may be submit-
tied to the Tri-City Plan-
ning Office at thei above
address, prior to the
date of the hearing, crr
you may contact Narda'
Wilson, Senior Planner
at (406) 751-.1850 or e-
mail her of
t ricitynarda @centurytei.
net for additional rnfor.
oration.
/slThomas R. Jentz
Thomas R. Jentz
Planning Director
October 24, 2004.