06. Resolution 4955 - Preliminary Plat - Aspen Creek SubdivisionTri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1.858
tricity@centu rytel. net
www.tricitypianning-nmt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
SUBJECT Aspen Creek Subdivision - Preliminary Plat Approval
MEETING DATE: December 6, 2004
BACKGROUND: This is a request for preliminary plat approval of Aspen Creek
Subdivision Preliminary Plat and Planned Unit Development. A request for
annexation has been filed concurrently with an initial zoning designation of R-2,
Single Family Residential, with a Planned Unit Development overlay on approximately
20 acres. The property is located northwest of Kalispell on the south side of Three
Mile Drive and west of Stilllwater Road. The subdivision contains 66 dwellings that
consist of 42 detached single family lots and 21 two unit townhouse lots (42 sublots).
It is anticipated that the subdivision will be developed in two phases. The PUD zoning
overlay provides a mechanism for the developer to gain flexibility in lot sizes, housing
types and site configuration that would not otherwise be allowed under the traditional
R-2 zoning designation. The subdivision was redesigned in response to concerns
expressed at a previous planning board meeting held in April of 2004 about the
number of townhouses, subdivision design and floodplain. The applicant withdrew
the subdivision after the April meeting and redesigned it to try to address the issues
that were raised at the meeting.
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 primarily because of the density and impacts
on neighborhood character. The staff recommended approval of the subdivision subject
to the listed conditions that included a recommendation to reconfigure 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 shared the concerns of the neighbors and amended the
conditions to include a 20 foot setback for all structures along the southern border of
the subdivision and to limit the height of the landscape buffer along the southern tier
of lots to avoid the potential of obstructing views from the lots to the south. A motion
was made and passed on a unanimous vote to forward a recommendation that the
Kalispell City Council approve the preliminary plat subject to the recommended
conditions.
Providing Community, Planning Assistance To:
City of Kalispell • City of Whitefish • City of Columbia Falls
Aspen Creek Subdivision - Preliminary Plat
November 23, 2004
Page 2
RECOMMENDATION: A motion to approve the preliminary plat subject to the
recommended 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 #KPP-04-11 and application materials
Draft minutes from 11/9/04 planning board meeting
TRANSMIT \ KALISPEL F 2004 \ KPP04-11 MEM
RESOLUTION NO.4955
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
ASPEN CREEK SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S
TRACT 4D LOCATED IN SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Douglas Johnson, the owner of the certain real property described above has
petitioned for approval of the Subdivision Plat of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
November 9, 2004, on the proposal and reviewed Subdivision Report ##KPP-04-11
issued by the Tri-City Planning Office, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Aspen Creek Subdivision, subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of December
6, 2004, reviewed the Th-City Planning Office Report ##KPP-04-11, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Tri-City Planning Office Report
##KPP-04- 1 I are hereby adopted as the Findings of Fact of the City Council.
SECTION 11. That the application of Douglas Johnson for approval of the Preliminary Plat
of Aspen Creek Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
I. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional conditions
associated with the PUD as approved by the city council. (Kalispell Subdivision .Regulations,
Appendix C — Final Plat)
2. That 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 / 108. Lots 37A /37B shall have a five foot
setback from the west boundary and a 15 foot setback for the primary structure and a 20 foot
setback for the garage for the property that fronts the street. Lots 1 A / 113 through I OA / 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.
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 to be coordinated with the Kalispell Public
Works Department, Parks and Recreation Department, Flathead County Road Department and
Montana .Department of Transportation.
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.
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 (Farris 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 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
3.09(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 a lied to
Lots 1A / I through Lots IOA / 1013. Lots 37A /37B shall have a five foot setback from the
west boundM and a 15 foot setback for the pr-imLry structure and 20 foot setback for the
garage for the roperty 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 landscape buffer be landsca ed with vegetation not to exceed six feet
in height.
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 ni be
impacted by 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 imposed,
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).
SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
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) 751-1850
Fax: (406) 751-1858
tricity(weenturytel.net
www.trici€ypianning-mt.com
November 23, 2004
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Aspen Creek Subdivision Preliminary Plat Approval
Dear Jim:
The Kalispell City Planning Board met on November 9, 2004 and held a public hearing
to consider a preliminary plat approval of Aspen Creek Subdivision preliminary plat
and planned unit development (PUD). A request for annexation has been filed
concurrently with an initial zoning designation of R-2, Single Family Residential, with
a PUD overlay on approximately 20 acres. The property is located northwest of
Kalispell on the south side of Three Mile Drive and west of Stillwater Road.
The subdivision contains a total of 66 dwelling units that under the PUD is allowed a
mix of housing types. This includes 24 detached single family lots and 21 two unit
townhouses (42 dwellings). It is anticipated that the subdivision will be developed in
two phases with the first phase being located near the northeast corner of the
property. The second phase depends on secondary access to the east through Aspen
Creek Estates. 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.
Narda Wilson representing the Tri-City Planning Office, presented staff report KPP-04-
1 l explaining that the subdivision has been redesigned in response to concerns about
the number of townhouses, density and subdivision design when the initial public
hearing was held in April of 2004. The staff recommended approval of the subdivision
subject to the listed conditions. She noted that the staff recommended a
reconfiguration of lots along the south border to include a reservation of right-of-way
to access the property to the west.
At the public hearing, the developer explained their plans for the property and tried to
address the neighbors' and planning boards' concerns with the redesign. Several
neighbors from the area that spoke regarding the subdivision primarily related to the
density and impacts on neighborhood character.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Aspen Creek Subdivision Preliminary Plat
November 23, 2004
Page 2
The planning board discussed the request and issues related to the transitional nature
of the area. They shared the concerns of the neighbors and amended the conditions
associated with the plat to include a setback for accessory structures of 20 feet and a
limit to the height of the landscape buffer between the existing neighborhood.
A motion was made and passed on a unanimous vote to forward a recommendation
that the Kalispell City Council approve the preliminary plat subject to the
recommended conditions, attached as Exhibit A.
Please schedule this natter 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.
Sincerely,
Kalispell City Planning Board
Geor e for
resident
GT/NW/ma
Attachments: Exhibit A - Recommended conditions of approval
Staff report KPP-04-11 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.D. Box 2071, Kalispell, MT 59903
Frdo/'transmit/Kalispell/ 2004/KPP04-11 aspen creek
Aspen Creek Subdivision Preliminary Plat
November 23, 2004
Page 3
EXHIBIT A
ASPEN CREEK SUBDIVISION PRELIMINARY PLAT / PUD
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 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 the
application submitted, the site plan, materials and other specifications as well as
any additional conditions associated with the PUD as approved by the city
council. (Kalispell Subdivision Regulations, Appendix C -- Final Plat)
2. That the proposed deviation from zoning setbacks from. 10 feet on the sides to five
feet on the sides be applied to Lots IA / 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 a 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 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)).
Aspen Creek Subdivision Preliminary Plat
November 23, 2004
Page 4
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
to be coordinated with the Kalispell Public Works Department, Parks and
Recreation Department, Flathead County Road Department and Montana
Department of Transportation.
S. 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 allover 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
Aspen Creek Subdivision Preliminary Plat
November 23, 2004
Page 5
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.
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 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 3.09(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 ira ediately after development.
21. That the developer correct the covenants to the setbacks to five feet on the sides
be a lied to Lots 1A 1B through Lots IOA 10B. Lots 37A 37B shall have a
five foot setback from the west boundga and a 15 foot setback for the primary
structure and 20 foot setback for the ara e for the p ro ert 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.
Aspen Creek Subdivision Preliminary Plat
November 23, 2004
Page 6
23. That the southerly 10 foot landscape buffer be landscaped with vegetation not to
exceed six feet in height.
24. A note be placed on the face of the final Wat 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 impacted by. 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 imposed, 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).
REPORTS \ KALISPELL\KPP-04-11. D OC
nw
ASPEN CREEK SUBDIVISION
TRI-CITY PLANNING OFFICE
STAFF REPORT KPP-04- I I
NOVEMBER 1, 2004
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request for preliminary plat approval of an 66 lot residential subdivision on property
proposed concurrent annexation and initial zoning. A public hearing on this proposal
has been scheduled before the planning board for November 9, 2004 in the Kalispell City
Council Chambers. The planning board will forward a recommendation to the city
council for final action.
BACKGROUND INFORMATION:
In April of 2004 the property owner cane before the planning board with an application
for an 80 subdivision along with annexation and a zoning designation of R-3 / PUD.
This subdivision was primarily a mix of attached single family dwellings, a large parcel
with a single family home and a park. The planning board recommended the city
council deny the proposal and the applicant withdrew his application..
In the interim the applicant has been working with the staff to redesign the project and
has made a new submittal for consideration. An application for a 66 lot residential
subdivision consisting of 24 single family lots and 42 lots for two unit townhouses has
been submitted concurrent with an application for annexation and an initial zoning
designation. of R-2/PUD, a Single -Family Residential. The property contains
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
(406) 250-4204
Technical Assistance: Larsen Engineering & Surveying, Inc.
P. O. Box 2071
Kalispell, MT 59903
(406) 752-7808
B. mature 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 minimum lot size requirement of
80 acres for newly created lots. This 20 acre parcel does not comply with the zoning
for the area which has held some of these rural properties in large tracts making
them easily subdivided. The applicants has requested a 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.
i
corridor grad creek. The PUTS zoning overlay provides a mechanism far 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 overall allowable density.
The Kalispell Zoning Ordinance allows a maximum of five dwelling units per acre
under the R-2 zoning designation with a PUD overlay. This subdivision contains
approximately 20 acres with a total of 66 lots. The 66 lots consist of 24 single
fancily lots and 42 two unit townhouses on sublets. This is a gross density of 3.3
dwelling units per acre. It is noteworthy that there is significant area of 100 year
floodplain on the site that has been largely set aside for an approximately four acre
park. This area of the floodplain is in a non -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
Emergency Management Agency) as being in the 100 year floodplain, and the area
is under study.
The single family lots have been located around the perimeter of the site and
comply with the 9,600 square foot minimum lot size requirement of the R-2 zoning
district. The two unit townhouse lots have been located internal to the subdivision
and near an isolated area along Three Mile Drive. A request for a deviation to the
setbacks have been requested for the side yards in Lots 1A / IB through Lots 10A /
10B from ten feet to five feet to allow some flexibility in siting the units. The
townhouse lot to the east of site requires special consideration because of the
location of the roadway on essentially three sides. A five foot setback on the west
boundary is being requested to accommodate this situation.
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 Stillwater Road. The property address is 520
Farm. to Market Road and it can be described as Assessors Tract 4D located in
Section 11, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.
D. Size:
Total Area:
Total Lot Area in Lots:
Area in Roads:
Minimum Lot Size:
Maximum Lot Size:
Park and Common Area:
20.00 acres
11.437 acres
3.891 acres
3,922 square feet townhouse lot
28,168 square feet
4.672 acres
E. Existing 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 the property on proposed Lot 43. 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
2
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.
F. 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: Single family residential and Flathead County Search and Rescue
Station; AG-80 zoning
South: Aspen Knoll Single family residential, County R-1 zoning
East: Undeveloped Bowser Creek Estates, City R-2 % PUD
West: Undeveloped, County AG-80 zoning
C. General Tared Use Character: The general land use character of the area is rural
and is in a state of transition to urban density where City services are available.
The traditional character is agricultural with some large rural residential parcels in
the area. Recent annexations to the city have taken place in the immediate area of
Three Mile Drive and Stillwater with urban residential zoning designations.
H. Zoning: Currently this property is located in the County zoning jurisdiction and
has a zoning designation of AG-80, Agricultural, and is in the West Valley Overlay
Zoning District. This property is being annexed concurrently with review of the
preliminary plat and the developers are requesting an assignment of R--2, a Single
Family Residential zoning district with a Planned Unit Development Overlay. The
PUD will allow the shifting of density, within the site the creation of two unit
townhouses. The R-2 PUD zoning allows a maximum of five dwelling units per acre.
As proposed the subdivision has approximately 3.3 dwelling units per acre.
L Utilities: This subdivision would receive full City services upon annexation and
development.
Water:
City of Kalispell
Sewer:
City of Kalispell
Solid Waste:
City of Kalispell
Gas:
Northwest Energy
Electricity:
Flathead Electric Coop (underground)
Telephone:
CenturyTel (underground)
Fire:
City of Kalispell
Schools:
West Valley School District, School District 5
Police:
City of Kalispell
COMMENTS FROM THE SITE DEVELOPMENT REVIEW COMMITTEE
This matter came before the site development review committee on October 21, 2004 and
October 28, 2004. The fire department noted that secondary access would need to be
addressed during the development of the subdivision and essentially requires that it be
connected to the roadway extension indicated to the east. A floodplain study would be
needed to determine the base flood elevation. The park area will need to be developed
with recreational amenities and maintained by the homeowners association.
3
REVIEW AND FINDINGS OF FAC'I'
This application is reviewed as a major subdivision in accordance with statutory criteria
and the Kalispell City Subdivision Regulations,
A. Effects on Health and Safety:
Fire: This subdivision would be in the service area of the Kalispell Fire
Department once annexed to the city. The property would be considered to be at
low risk of fire because the subdivision and homes within the subdivision would
be constructed in accordance with the Uniform Fire Code and have access which
meets City standards. All of the lots will abut a street that has been constructed
to City standards. Hydrants will be required to be placed in compliance with the
requirements of the Uniform Fire Code and approved by the fire chief. The fire
access and suppression system should be installed and approved by the fire
department prior to final plat approval because of potential problems with
combustible construction taking place prior to adequate fire access to the site
being developed. Secondary access will have to be addressed in the development
of the subdivision if the access to the east as indicated on the plat is not available
for connection to create a through road.
Floodin#;: According to FIRM Panel and as indicated on the preliminary plat there
is an area of significant floodplain on the site as a result of Spring Creek running
through the site. This area is in a non -detailed study area and will need to
undergo a detailed study that will then be reviewed and accepted by FEMA. At
that time a base flood elevation will be established.. The property owner has been
working on a floodplain study with the local engineering firm Thomas, Dean and
Hoskins and an analysis has been submitted to FEMA for review. This study was
done concurrently with the study that is required for the property to the east in
Bowser Creek Estates and to the northeast for the properties in Blue Heron
Estates. The results of the preliminary floodplain study have been indicated on
the preliminary plat, but are inconclusive. It is anticipated that the final results
will be known within the next 30 days.
Prior to the filing of a final plat a detailed study of the area will need to be
approved by FEMA in order to establish the base flood elevation. The Kalispell
Subdivision Regulations Section 3.05, Floodplain Provisions, prohibit the creation
of lots in the 100 year floodplain or the floodway. At this time it does not appear
that lots or structures are proposed to be located in the floodplain area, but until
a detailed study has been accepted by FEMA establishment of the base flood
elevation is inconclusive There is currently a culvert that is located under a small
bridge that crosses Spring Creek that appears as though it may have been
replaced recently. Since this property is in the County the property owner would
have had to obtain a floodplain development permit from the County Planning and
Zoning Office for its replacement. Any work within the 100 year floodplain that
would occur after annexation would have to be obtained from the City of Kalispell
Floodplain Administrator.
Access: Access to the subdivision is proposed from two new internal subdivision
roads from Three Mile Drive that would be constructed to City standards. Phase I
would be accessed via a near road that would incorporate the existing approach
from Three Mile Drive that is across from an existing County Road identified as
Meadows Lane. This road would be looped and would provide access to 20 two
I!
unit townhouses. This new road is essentially a loop system and does not appear
long enough to require secondary access by the Uniform? Fire Code. The existing
driveway would be used for pedestrian access in the future to the park area. The
other road to the subdivision is wrest of this property and will require the property
owners obtain an easement since it is off site. This road also loops through the
subdivision and extends to the east to connect with Bowser Creek Subdivision
which provides secondary, access. It would make good sense that a future right of
wav also be provided to the west since there has been recent interest in
developing this property. By requiring a future roadway easement a more
connected grid street system can be developed. This new road would locate
somewhere between Lots 18 and 19 along the west perimeter of the site.
It appears that Phase 2 would be limited by the lack of secondary access and in
essence would be stymied until the development of Phase 2 of Bowser Creek
Subdivision to the east. Some other acceptable secondary access may be
available to the developer in the interim provided it is approved by the Kalispell
Fire Department.
There is lack of pedestrian access along Three Mile Drive but has been
incrementally developed with other subdivisions to the east of this. Three Mile
Drive is a State secondary highway that is maintained by Flathead County. It is
designated as a minor arterial in the Kalispell Growth Policy and is a two way
highway with approximately 100 feet of right-of-way. Other subdivisions that
have gone in to the west of this site area have been required to establish
pedestrian access along Three Mile Drive with the anticipation that these
walkways will eventually connect. The improvements have been made on an
incremental basis and this is another segment that is needed. Staff would
recommend that a pedestrian access along this roadway be coordinated with the
Public Works Department, Parks and Recreation Department, Flathead County
and the Montana Department of Transportation. A 20-foot landscape buffer is
indicated on the preliminary plat which should be used to incorporate a bike and
pedestrian trail as well as buffering in the form of a berming or landscaping or
both for health and safety purposes.
B. Effects on Wildlife and Wildlife Habitat.: This property has some significant
topography related to Spring Creek which runs through the site and appears to
provide a variety of trees and grasses. There may be some migratory birds and
occasional deer may visit the site, however, this area does not appear to provide
significant habitat for wildlife. The developer has attempted to limit impacts to
the riparian area within the site that provides habitat to wildlife on this site by
creating and approximately four acre park area that would be owned, maintained
and conserved by the homeowners within the subdivision. The riparian area
would not be disturbed, filled or otherwise developed, but rather would be left in a
natural state.
C. Effects can the Natural Environment:
Surface and groundwater: This subdivision will be served by public water and
sewer thereby minimizing any potential impacts to the groundwater. Spring
Creek runs through this property and could potentially be impacted by
construction and development in the area. The developers have attempted to
5
buffer the creek from impacts related to development by avoiding the creation of
lots close to the 100 year floodplaira. Best management practices should be taken
when working along this drainage and the developer should contact the Flathead
Conservation District, the Montana. Department of Natural Resources and the
Montana Department of Environmental Quality regarding any permits that may,
be required.
Drainage: This site has significant topography and will pose some unusual
challenges to site drainage. Curbs and gutters will be installed and a storm drain
management plan will have to be developed to address the runoff from the site.
There is no City storm drain system in the immediate area and storm water will
have to be managed using on -site retention methods as part of an engineered
stormwater management plan. The drainage plan will have to comply with the
City of Kalispell's standards and State standards and will be required to be
designed by a professional engineer.
D. Effects on, Local Services:
Water: Water service to the subdivision would be provided by the City of Kalispell
and extended from a water main that lies to the west of this subdivision along
Three Mile Drive. The water main would be extended from its current location to
the subdivision and through private property to the west. An easement will be
required to be obtained from this property owner that alloys the development of
the proposed 60 foot right of way for road and utility extension purposes and
ultimately the dedication to the City of Kalispell for public use. The water main
would be extended through the subdivision. It is uncertaiza at this juncture when
the water loop connection for the subdivision may be required since it will depend
on the fire flows that can be obtained and whether they will meet the
requirements of the Uniform Fire Code and whether or not the subdivision is
phased. Most likely the water system will be completed prior to final plat
submittal. The water system for the subdivision will be reviewed and approved by
the Kalispell Public Works Department and the Kalispell Fire Department as part
of the development of the subdivision. There is adequate capacity within the
City's water system to accommodate this development.
Seger: Sewer service will be provided by the City of Kalispell with an extension of
existing sewer mains from their existing locations within the Three Mile Drive
right-of-way. The utility would likely also be extended through private property to
the west along -with the development of the roadway. An easement wilt be
required to be obtained from this property owner that grants permission to
develop the road and utilities within this proposed 60 foot right of way and
ultimate dedication to the City of Kalispell. Design and construction of the mains
will be reviewed and approved by the Kalispell public Works Department. There is
adequate capacity within the sewage treatment plan to accommodate this
development.
Roads: Traffic projections for this subdi-,Asion are estimated to be approximately
660 additional individual vehicle trips per day based on the estimate of 10 vehicle
trips per residence per day in the area onto 'Three Mile Drive_ The subdivision
roads will be constructed to City standards and would include curb, gutter,
sidewalks and landscape boulevards within the subdivision. The two new internal
0
subdivision roads will access directly- onto Three Mile Drivc. Because of
topographical challenges there is no practical way to connect these roads.
Additionally because of the number of lots within the subdivision, the Uniform
Fire Code and the Kalispell Subdivision Regulations require secondary access
from the subdivision.
Overall there will be moderate impacts to Three Mile Drive as a result of this
subdivision and North Riding Road to the west, Three Mile Drive is a paved, two
lane State secondary- roadway that is in fair condition. In 1997 the daily average
vehicle trips east of Stillwater Road was 3,064. At some point, consideration will
need to be given to the upgrading and widening of Three Mile Drive as
development continues to occur in the area. Impacts to Three Mile Drive are
incrementally increasing. However, urith no funding currently available for the
upgrade of secondary State highways at either the state or local level., no
improvernents to the Three Mile Drive area are anticipated. Additionally; because
there are no development impact fees assessed by the City of Kalispell, Flathead
County or the State of Montana, the impacts to the road will continue to be felt.
Typically this would be the responsibility of the State with regard to design,
funding and construction. Three Mile Drive in this area is over 100 feet in width
and would not require the reservation of any additional right-of-way for future
expansion.
Schools. This development is within the boundaries of the Kalispell School
District 45 and West Valley School. The school district could anticipate that an
additional 33 school aged children might be generated into the district at full
build out. This number is used because it takes into account pre-school aged
children, hone school education options and private school education option.
Not all of the children who live in the subdivision will be attending public schools.
This would have a potentially significant impact on the district, particularly on a
cumulative level with other developments pending within the district - both urban
and rural particularly with high school -aged students.
Parks and Open Space: The state and local subdivision regulations have parkland
/ open space requirements for major subdivisions in the amount of 11 percent or
one -ninth of the area proposed for the development. The area is lots is 1 1.437
acres generating a requirement for a minimum of 1.258 acres in park area. The
environmental assessment states that the developer would like to establish a
homeowners park that incorporates the 100 year floodplain area and Spring
Creek drainage. This area is a natural amenity for the subdivision and is
generally in an unbuildable area. The area indicated on the plat as a park area is
approximately four acres acres. Pedestrian access is planned through three areas
within the subdivision.. One lies within the north pod of the two unit townhouses,
while the other two are internal to the subdivision near the center of the site. The
park area will need to be developed with some amenities such a picnic area,
irrigation and landscaping so that it provides a recreational amenity. A plan for
development and maintenance of the park area needs to be coordinated with the
Kalispell Parks and Recreation Department. The park will be privately owned and
maintained by the homeowners association and will not be available for use by
the general public.
7
Police: This subdivision would be in the jurisdiction of the City of Kalispell Police
Department once annexed to the city. The department can adequately provide
service to this subdivision, however the cumulative impacts of growth within the
city further strains the departments ability to continue to provide the high level of
service the department is committed to.
Fire Protection.: Fire protection services will be provided by the Kalispell Fire
Department once annexed to the city, and the subdivision will be required to
comply with the Uniform Fire Code. The fire department will review and approve
the secondary, access to the site if required during interim phasing, the number
and location of hydrants within the subdivision as well as fire flows for
compliance with applicable fire codes. Although fire risk is low because of good
access and fairly level terrain, the fire department is recommending that access to
the subdivision and the hydrants are in place prior to final plat approval and / or
use of combustible materials in construction.
Solid Waste: Solid waste will be handled by the City of Kalispell and taken to the
Flathead County Landfill. There is sufficient capacity within the landfill to
accommodate this additional solid waste generated from this subdivision.
Medical Services: Ambulance service is available from the fire department and
ALERT helicopter service. Kalispell Regional Hospital is close, less than three
miles from the site.
E. Effects on Agriculture and agricultural water user facilities: The site has been
traditionally used for very limited agricultural purposes, primarily grazing and is
more efficiently and effectively used for urban residential development. Its
location and its proximity to urban services makes this property suited for urban
scale development. There will be relatively little impact on agricultural uses
within the Valley and no impact on agricultural water user facilities since this
property -%U be served by a public water system.
F. Relation to the Kalispell Growth Policy: This property is in the Kalispell
Growth Policy's potential utility service area and is anticipated for this type of
urban scale development at the time of connection to City utilities. The future
land use map for the area indicates this area is anticipated to be developed as
Suburban. Residential. Areas designated as Suburban Residential are anticipated
to be served by community water and sewer and have good access to services and
public facilities. This land use designation anticipates a density of up to four
dwelling units per acre and the requested R-2 / PUD zoning for the site has an
overall maximum density of approximately 3.3 dwelling units per acre. This
subdivision is in compliance with the Kalispell Growth Policy and its goals and
policies.
G. Compliance with Zoning: This property has been proposed to be zoned R-2, a
Single Family Residential district with a PUD overlay. A complete report on the
zoning for the property and deviation from the strict R-2 zoning standards is fully
detailed in the companion report KA-04-14 / KPUD-04-6.
8
H. Compliance with the Kalispell Subdivision Regulations: This subdivision
complies with the Kalispell Subdivision Regulations and no variances have beer;
requested.
Staff recommends that the Kalispell City -County Planning Board adopt staff report KPP-
04-11 as findings of fact and recommend to the Kalispell City Council that preliminary
plat for the subdivision be approved 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 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 % 1B through 10A / l0B 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 to be
coordinated with the Kalispell Public Works Department, Parks and Recreation
Department, Flathead County Road Department and Montana Department of
Transportation.
I
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 111-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.
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)
10
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 app roving uhe 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 3.09(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 a development agreement be drafted by the Kalispell City Attorney between the
City of Kalispell and the developer outlining and formalizing the terms; conditions
and provisions of approval. The final plan as approved, together with the conditions
and restrictions imposed, shall constitute the Planned Unit Development (PUD)
zoning for the site.
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
filed. (Kalispell Subdivision Regulations; Section. 2.04).
REPORTS\KALISPI LL1KPP-04-1.LDOC
N[V
FLATHEAD COUNTY, MONTANA
CITY OF KALISPELL
ENVIRONMENTA1 ASSESSMENT
ASPEN CREEK SUBDIVISION
APPLICANT RESPONSES IN ITALICS
L GEOLOGY
A. Locate on a copy of the preliminary plat:
. Any known hazards affectinb the development which could result in property damage or personal
injury due date to:
a) Falls, slides or slumps - soil, rock, mud, snow;
There are no known geological hazards on the subjectproperty.
b) Any rock outcropping.
No danger reduction measures are required
II. SURFACE WATER
Locate on a copy of the preliminary plat:
A. Any natural water systems such as streams, rivers, intermittent streams, lakes or marshes
(also indicate the names and sizes of each).
Spring Creek traverses through the property, see Preliminaty Plat.
B. Any artificial water systems such as canals, ditches, aqueducts, reservoirs and irrigation systems
(also indicate the names, sizes and present uses of each)
There are no artificial water systems, canals, ditches. aqueducts, reservoirs or irrigation systems on the
property-
C. Any areas subject to flood hazard, or if available, 100 year flood plain maps (using nest available in-
formation)
RIP-M. panels show 100 year floodplain area shaded. T.D. & H has prepared a detailed floodplain
study that has been submitted to F.E.MA, the results of that study are digitized onto the submitted Preliminary
Plat.
III. VEGETATION
A. Locate on a copy of the preliminary plat the major vegetation types within the subdivision (e.g. marsh,
grassland, shrub and forest).
Environmental Assessment
Aspen Creep Subdivision I
Riparian areas are shown by the contours on the Prelim inarn� flat near ,spring Creek. These areas will
be protected by the large park area. The vegetation where Phase I is proposed consists ?`natural grasses and
natural trees and shrubs. The vegetation where Phase 2 is proposed consists mainly of farm field and grazing land
B. describe the amount of vegetation that is to be removed, or cleaned from the site; and state the reasons
for such removal.
A large portion of the natural vegetation will be removed on each lot to construct a new, home and
drivewm on each lot and for construction of the subdivision road, curbs and sidewalks.
C. describe any proposed measures to be taken to protect vegetative cover.
Disturbed areas will be required to be re- seeded to avoid noxious weed infestation. The design and
inclusion of the large park area will protect important floodplain an riparian areas.
IV. WILDLIFE
A. What major species of fish, wildlife, if any, use the area to be affected by the proposed subdivision?
There are no known endangered species that inhabit the site. This property has vegetation that would
provide habitat for small animals and birds, deer could also frequent the site. Because this property, is in an urban
area it is not likely that large game animals would be on this site very often.
B. Locate on a copy of the preliminary plat any known important wildlife areas, such as bib game winter
range; waterfowl nesting areas, habitat for rare and endangered species and wetlands.
See the Preliminary Plat, the area adjacent to Spring Creek would be important to small animals and
could provide habitat for waterfowl or nesting areas.
C. describe any proposed measures to protect wildlife habitat or to minimize habitat degradation.
The design of the large park area will help protect the important wildlife areas near Spring Creek.
V. AGRICULTURAL AND TIMBER PRODUCTION
A. State the acreage, type and agricultural classifications of soils on the site.
This property is not farmed and has not been farmed in the recent past. The property is too small to farm
and cannot be economically farmed The area where Phase 2 is proposed has been used as horse pasture for
manv years. The Phase I area has never been farmed and is just in natural vegetation.
B. State the history of production of this site by crop type and yield.
The area where Phase 2 is proposed has not been farmed in recent years, it has been used for horse
pasture.
C. State the historic and current agricultural uses which occur adjacent to the site.
Farming ofgrains has occurred on adjacent land just west of Phase 2.
D. Explain any steps which will be taken to avoid or limit development conflicts with adjacent agricultural
uses.
Enviromnental Assessment
Aspen Creek Subdivision 2
Standard notes can be placed on the Final Plat to address living near farming activities.
E. If the site is timbered, state any timber management recommendations which may have been suggested
or implemented by the USDA or Forestry in the area of this proposal.
Not applicable because there is not any timber on this property.
VI. HISTORICAL, ARCHAEOLC?MCAL OR CULTLaAL FEATURES
A. Locate on a copy of the preliminary plat any known or possible historic, archaeological or cultural sites
which exist on or near the site.
None known to exist.
B. Describe any known or possible sites delineated on the preliminary plat.
There are no known sites, none are shown on the plat.
C. Describe any measures that will be taken to protect such sites or properties.
Not applicable, see B. above.
V1I. SEWAGE TREATMENT
B. For a proposed public or community sewage treatments system.
1. Estimate the average number of gallons of sewage generated per day by the subdivision when fully
developed.
Based on 200 GPD for 66 lots a total estimate for domestic water use would be 13,200 GPD.
2. Where an existing system is to be used.
a) Identify the system and the person, firm or agency responsible for its operation and maintenance.
City of Kalispell, City Hall, Kalispell, MT
b) Indicate the system's capacity to handle additional use and its distance from the development.
The City of Kalispell has identified this area as an area they will serve in their facilityplan for sewer,
water and storm drainage and the plan details the systems ability to serve this subdivision adequately.
c. Provide evidence that permission to connect has been granted.
See b. above, prior to obtaining permission from the City of Kalispell to connect, the property will need
to be annexed into the city. Annexation is part of this application.
VI1I. WATER SUPPLY
A3a. Where a public or community water system is proposed:
1. Estimate the number of gallons per day required by the development (including irrigation if applicable).
Environmental Assessment
Aspen Creek Subdivision 3
Domestic rater use is estimated to be 13,200 GPI.? based on 200 GPD%lot. Irrigation use is estimated
to be 6,900 GPD based an r " of irrigation depth on 50% of the acreage of the lots for 90 days per year for a total
demand gf'20,100 GPI.
(2)(a). Identify the system and the person, firma or agency responsible for its operation and maintenance.
City of Kalispell, City Hall, Kalispell, MT
(2)(b). Indicate the system's capacity to handle additional use and its distance from the development.
The City of Kalispell has ident�ied this area as an area they will serve in their facility plan. for sewer,
rater and storm drainage and the plan details the systems ability to serve the subdivision adequately.
(2)(c). Provide evidence that peranassion to connect has been granted.
See b. above, prior to obtaining permission from the City of Kalispell to connect, the property will need
to be annexed into the city. Annexation is part of this application.
IX. SOLID WASTE
A. Describe the proposed method of collecting and disposing of solid waste.
Contract hauling is provided by the City afKalispell.
B. If central collection areas are proposed within the subdivision, show location.
Not applicable.
C. If use of existing collection system is proposed, describe:
Not applicable.
K DRAINAGE
A. Streets and Roads
1. Describe any proposed measures for disposing of storm ran -off from streets and roads.
On site storm drain retention., directed by roadside curbs to on -site swales or retention areas.
2. Indicate the type of road surface proposed.
It is proposed to pave the entire subdivision roadway system.
3. Describe any proposed facilities for stream and drainage crossings (i.e. culverts)
Not applicable..
B. Others
Undisturbed ground will retain the existing natural drainage system.
Environmental Assessment
Aspen Creek Subdivision 4
XI. ROADS
A. Estimate how much daiiv traffic the development, when fully developed will generate on existing or
proposed roads providing access to the development.
It is estimated that 66 lots will generate an additional 660 vehicle trips per day or 10 vehicle trips
per lot. It is estimated that an additional 66 vehicles will be generated during the peak hour.
1. Discuss the capability of existing and proposed roads to safely accommodate this increased traffic
(e.g. conditions of the road, surface and right of way widths, current traffic flows, etc.)
The roadways surrounding the outside of the subdivision are in good shape. Traffic in this area is
relatively low, Based on the condition of the roadway system in the area, the existing roadway system should
be able to adeauateiv handle the subdivision traffic.
2. Describe any increased maintenance problems and costs that will be caused by this increase in volume.
New internal subdivision roads will require additional maintenance for the City of Kalispell.
Additional property taxes will generate revenue to offset these costs. Additional maintenance on the existing
road system will be minimal because a residential subdivision creates mainly car traffic after it is built. Car
traffic is not instrumental in causing roadfailures. The primary cause of roadway failure and degrading
highways is heavy truck traffic. There will be some truck traffic during construction, but after build -out of the
subdivision, the main trajf1c will come from car traffic.
B. Indicate who will pay the cost of installing and maintaining dedicated and/or private roadways.
The developer will pay for all infrastructure far the subdivision and after completion dedicate the sewer,
water, roadways and storm drain systems to the City of Kalispell. At this point the City will be responsible
for maintenance.
C. Describe the soil characteristics, on site, as they relate to road and building construction and treasures
to be taken to control erosion of ditches, banks and cuts as a result of proposed construction.
Soils are classified as mainly Tally Blanchard and Flathead Soils in the Phase 1 &2 area according to the
1960 SCS soils manual. These soils are essentially classified as approximately 8" oftopsoil on top of
sandy loam and these soils should be excellent for road building for the subdivision.
D. Explain why access was not provided by means of a road within the subdivision if access to any of the
individual lots is directly from City, County, State or Federal roads or highways.
Not applicable
E. Is year-round access by conventional automobile over legal rights -of -way available to the subdivision
and to all lots and common facilities within the subdivision?
Yes.
F. Identify the owners of any private property over which access to the subdivision will be provided.
None
XII. ENffiRGENCY SERVICES
A. Describe the emergency services available to the residents of the proposed subdivision including
Environmental Assessment
Aspen Creek Subdivision 5
the number of personnel and number of vehicles and/or type of facilities for:
Fire Protections:
a) Is the proposed subdivision in an urban or rural fire district`' If not, will one be formed or extended.
Yes, Fire protection is by the City gfKalispell Fire Dept.
b) In the absence of a fire district, what fire protection procedures are planned.
Not applicable.
c) Indicate the type, size and location of any proposed recharge facilities.
.None proposed.
d) If fire hydrants are proposed, indicate water pressure capabilities and hydrant locations.
Will be placed as required by the City of Kalispell ,Fire Dept.
2. Police protection
City of Kalispell Police Dept.
3, Ambulance Service
City of Kalispell.
B. Can the needs of the proposed subdivision for each of the above services be met by present personnel
and facilities?
Yes
If not what additional expense would be necessary to make these services adequate.
Not applicable.
XIII. SCHOOLS
A. Describe the educational facilities which would serve the subdivision.
City of Kalispell 's school system and Flathead High School.
B. Estimate number of school children added.
It is estimated that 66 lots would generate approximately 33 new school age children to be spread out
between all grades based on O. 5 students per lot.
XIV. ECONOMIC IC BENEFITS
A. Provide the present assessment classifications and range of the total assessed valuation of all land and
structures.
Environmental. Assessment
Aspen Creels Subdivision 6
S 200, 000 assuming a value of Sl 0, 000. 00 per acre for the land The existing mouse and structures on
proposed Lot 43 are estimated to be valued at S250, 000.00 according to the Flathead Coundj- Assessor's o11lee.
B. Provide the anticipated assessment classification and range of the total assessed valuation of all
structures (at 25% and 90% occupancy - also estimated year of occupancy)
based on approximately $150, 000.00 value per lot at 25% occupancy the assessed value of the subdivision
would be 2.55 million dollars., at 90% occupancy the value would be 8.85 million.
C. Provide anticipated revenue increases from fees.
.Estimated to be from $1500-2500 additional per lot after full build -out increase in property tax
Would estimate additional city fees of $32fmonth/lot sewer fee and 151monthllot water fee. Water and
serer hook up fee anticipated to be approximately S2700 each tot.
XV, 1�AND USE
A. Describe the existing historical use of the site,
This 20 acres has been used as a large residential lot with horse pasture for many years.
B. Describe any comprehensive plan recommendations and other land use regulations on and adjacent
to the site. Is zoning proposed? If located near an incorporated city or town, is annexation proposed?
The site is currently zoned with county zoning A, -80 WVO. We are requesting annexation into the City of
Kalispell and requesting R-2, P, U.D. to allow a Planned Unit Development (P. UD) to meet the design of this
subdivision.
C. Describe the present uses of lands adjacent to or near the proposed development. Describe how the
subdivision will affect access to any adjoining land and/or what treasures are proposed to provide access.
Surrounding land uses are mainly residential, with large farm tracts to the west of the property. Recent
subdivision and annexation in this area has occurred and is indicative of where the City of Kalispell is growing.
This subdivision would be consistent with the City of Kalispell developing in this area. It also consistent with
the City° of Kalispell 's service area in their facilities plan for sewer, water and storm drainage.
D. Describe any health or safety hazards on or near the subdivision.
None
B. Describe any on -site uses creating a nuisance.
None.
XVI. PARKS AND RECREATION FACILITIES
A. Describe parr and recreation facilities to be provided within the subdivision.
A park is proposed as shown on the Preliminary Plat.
B. List other parks and recreation facilities in the area.
City of Kalispell park system will be available including Woodland Park and other nearby cityparks.
Environmental Assessment
Aspen. Creek Subdivision 7
City of Kalispellpark system will be available including Woodland Park and other nearby city parks.
C. If cash -in -lieu of park land is proposed, state the purchase price or market value.
- Not applicable, we are proposing and on site park see Preliminary Plat.
XVII. UTILITIES
A. Indicate the utility companies involved in providing power, gas or telephone service.
Electrical power will be supplied by Flathead Electric Co -Op and telephone service by Centurytel,
Northwest Energy° for,Natural gas.
H. Has preliminary plat been submitted to affected utilities
No
C. Estimate the completion date of each utility installation.
Within 1 year of Preliminary Plat approval for Phase 1.
En,' or Petal Assess rent p pare 3r and submitted tl is2Aay of ,�' %'✓ _ 2004
3 are , P.L.S.
Larsen Engineering & Surveying, Inc.
Jeff H. Larsen, P.E., P.L.S.
780 Two Mile Drive
PO 2071
Kalis ell, MT 59903
Tele 06-752-7808
� W �--- �-k
Douglas R. Johnson owner
P.O. Boy 1159
Kalispell, MT 59903
Environmental Assessment
Aspen Creek Subdivision 8
Nov 05 04 01:46P LARSEN ENG.L SURV. i4061257-4651 pe?
DECLARATION OF
CQVENANTS, CONDITIONS AND RESTRICTIONS
ASPEN CREEK
THIS DECLARATION, made this day of . 12004,
by Johnson Properties, hereinafter referred to as "IDECLAR.ANT",
WITNESSETH:
That WHEREAS, Johnson Properties is the owner of real estate situated in
Flathead County, MT, described as follows:
Aspen Creek Subdivision in N i112 ei Section 11, T �wriship 28N., Range 22VV
That WHEREAS, Declarant is desirous of subjecting all of said property
described as all that land shown on and described in Exhibit A, to the Conditions,
Covenants and Restrictions hereinafter set forth, each and all of which is and are for the
benefit of said property and for each owner thereof and shall inure to the benefit and pass
with said property, and each and every parcel thereof, to the benefit and pass with said
property, and each and every parcel thereof and shall apply to and bind the successors in
interest, and nay owner thereof,
NOW, THEREFORE, the Declarant, being the owner of all of the real property
above -described, hereby declares that the said real property is, and shall be, held,
transferred, sold and conveyed, subject to the conditions, restrictions, covenants and
reservations hereinafter set forth, and
All persons or corporations who now or shall hereafter acquire any interest in and
to the above described property shall be held to agree and covenant with the owner of any
of the property hereinabove described, to any parcel thereof, and with their heirs and
successors and assigns, to conform to and observe the following covenants, restrictions,
and conditions as to the use thereof, and as to the construction of dwellings and
improvements thereon.
ARTICLE I. DEFINITIONS
Section 1: "Declarant" herein mentioned is Johnson Properties.
Section 2: "Association' shall mean the Aspen Creep Property Owners
Association
Section 3: "Owner" shall mean and refer to the person or persons owning a parcel
of land in fee simple, absolute, individually or as an owner in any real estate tenancy
relationship recognized under the laws of the State of Montana, including a unit
ownership pursuant to a recorded unit ownership declaration.
Section 4: "Maintenance Area" for the purpose of these covenants shall mean all
real property including but not limited to lawns and landscaping owned by the individual
owners of the townhouse lots and located within the townhouse lots together with the
various sidewalks, driveways and turnarounds_
Section a: "Lot" shall mean any plot of land shown upon any recorded
subdivision plat or map of the property.
Section: 6: "Vote" or "voter", shall mean one vote per lot, provided that the
Declarant herein shall be entitled to a vote for each lot it owns inclusive of a lot shown on
a preliminary subdivision plat which has not received final subdivision plat approval.
ARTICLE 11. PROPERTY QWNERS ASSOCIATION
Section 1. Non-profit Corporation: The owners of the property described as all that land
shown on and described as Exhibit A, shall form a Montana Non-profit Corporation and
adopt necessary By Laws known as "Aspen Creek Property Owner's Association, Inc."
hereinafter referred to as Association. The Association to be formed by Declarant shall
have as members all owners as defined herein. Membership in the association shall be
appurtenant to and shall not be separated from the ownership interest. Members shall
participate in the spanner prescribed by the Articles and By -Laws of the Association, and
resolutions of the Association's Board of Directors. The Association's purpose is to
Provide services and facilities to the owners as it may determine, including but not
limited to the following:
a. The right of the Association to charge reasonable fees for the care,
maintenance and improvement of the maintenance area of each individual lot
inclusive of the right of access to and from said tot.
Section 2. Rprpo : The purpose of the Aspen Creek Property Owners
Association is to adopt rules and replations for the maintenance of the maintenance area
and inclusive of the lot landscape areas, sidewalks, and driveways as defined herein and
located within the property described as all that land as shown on and described as
Exhibit A.
ARTICLE Ift. ASSESMENTS/COLLECTIO
Section 1. Assessment/Creation of Lien: Each owner (other than Declarant)
by accepting deed to or land contract for a lot as defined herein within the real property
described as all that land shown on and describe as Exhibit A, whether or not specifically
so expressed in said conveying instrument, shall be deemed to covenant, agree, and shall
be bound to pay assessments established pursuant to the provisions of these covenants,
which will include regular annual assessments and special assessments for general
Association operating funds, capital improvement or water use. Assessments, whether
special or regular, may be collected on a monthly, quarterly or yearly basis, together with
interest, costs and reasonable attorney's fees incurred in the enforcement of the
provisions of this article.
Section 2. Declarant's AssessmentiDate of Commencement of Assessment:
Pending sale of the lots, Declarant shall be responsible for all assessments on said unsold
lots as same become due. At sale, assessments shall be pro -rated as of date of sale.
Declarant remaining responsible for assessments to date of sale and the lot purchaser
being responsible thereafter. All such allocations shall be based on a 365 day year,
Section 3. Lien: Assessments as provided herein shall be a charge on each
owner's lot and shall be a continuing lien against said lot and said assessment, together
with any interest, casts, and reasonable attorney fees incurred in collection same shall
also be a personal obligation of the owner of the lot at the time when said assessment
became due.
Section 4. Purpose: Assessments for the purpose of the maintenance area shall be
specifically allocated for that purpose. General assessments assessed against yawners of
the lots shall be for the general purpose of maintaining Association property -
Assessments shall be used to administer the covenants to maintain and improve quality of
the maintenance area, including but not limited to, the cost of maintaining all lawns and
landscaping and maintenance and snow removal of sideways, driveways and turnarounds.
Section 5. Regular Assessments: The Board of Directors shall levy assessments
authorized by a majority of the Association to caves- the annual .Association operating
budget. The Beard of Directors shall further establish an assessment as and for a fund for
the maintenance area. Said assessments she be billed and collected over the same terra
and at the same time. The first year for which annual assessments shall be establisher)
and collected shall be the calendar year 2004.
Section 6. U iform Rate: Maintenance area assessments as well as regular and
special assessments, shall be fixed at a uniform rate provided that the assessments shall
be divided among all the individual tots based can a pro rota share for each lot as to the
entire real estate subject to the assessment under these covenants.
Section 7. Assessment period/Due Date: Assessments as provided herein shall
commence as against all lots on the day of , 2004. Thereafter, the
Board of Directors shall fix the amount of the regular annual assessment against each lot
annually. Commencing with clay of - 2004, an assessment period
shall consist of a calendar year_
Written notice of the applicable annual assessment shall be sent to every owner
subject thereto.
Upon an owner purchasing a lot, liability for regular and special assessments shall
be prorated on a daily basis to the extent of the number of days remaining from date of
purchase in any assessment period. Said proration shall be based on a 365 day year.
Section S. Special Assessments: Special Assessments to include maintenance
area maintenance fund as herein provided, may be set at the regular annual meeting or
upon any special meeting galled for said purpose. In the event of special meeting, written
notice to each of the members of the Association must be given no less than 30 or more
Nov 05 04 01:47P LARSEN ENGs c SURV. €4061257-4051 ems
than 50 bays prior to said meeting. Presence of 50% or more of the members of the
Association at any meeting called for the purpose of establishing any regular or special
assessment shall constitute a quorum, and at said meeting a majority of said quorum shall
control.
Section 9. Nonpayment/Remedies: Any assessments not paid within 30 days
after the due date shall incur a late fee of $20.00 and near interest from the Clue date at the
prime rate as established by Glacier Bank, Kalispell, Montana, per annurn. The
.Association may bring an action at law against the owner of the residential lot in default
as and on the basis of an account due. Said assessment obligation shall be a personal
obligation. In addition to the amount of the assessments and any interest thereon, in the
event of any such suit the Association shall be entitled to all attorzney's fees incurred and
costs. Any Judgment shall be entitled to all rights and legal consideration as any
Judgment received under the laws of Montana.
No owner subject to assessment may waive or otherwise escape liability for the
assessment herein provided.
In addition to the provisions for suit and collection as hereinabove set forth the
Association may suspend a delinquent owner's voting rights at Association meetings.
Section. 10. Subordination or Assessment Lien: The lien of any assessment
provided herein shall be subordinate to any purchase money security interest for a lot
acquired herein or construction lien for the construction lien for the construction of a
resident herein when said lien secures the lender's obligation for said acquisition or
construction. In the event, however, of foreclosure of said lien, the Association shall not
be required nor be under any obligation to provide access, or any of the other amenities
of the maintenance area to any subsequent purchaser, either through default or otherwise,
until all past due obligations owed are paid in full. The provisions of this paragraph may
be modified or waived in their entirety at the discretion of the Association.
ART1 LE 1V, ARCERIECIURAL REVIEW CUIvMTTEE
Section 1. Function _of the Architectural Review Committee: All owners
intending to construct any structure whatever upon any lot, shall first submit their plans
and specifications, in writing, to the Architectural Review Committee. All plans for the
construction of any building, private road or driveway, fence, wall or other structure to be
erected upon any lot and the proposed location thereof upon any lot and any change, after
approval thereof, any remodeling, reconstruction, alteration or addition to any building,
road, driveway, or other structure upon any lot in said premises, shall require written
approval of said Architectural Review Committee. Before beginning the construction of
any building, road or driveway, fence, wall or other structure whatsoever, or remodeling,
reconstruction or altering such road, driveway or structure upon any lot, the person or
persons desiring to effect, construct or modify the same shall submit to the Architectural
Review Committee, complete set of plans and specifications thereof including front, side,
and rear elevations, floor plans for each floor and basement, exterior color schemes, a
block or plot plan indication and fixing the exact location of such structure or such
altered structure on the grading plan if requested. A reasonable fee shall be paid to the
M
Nov 65 04 01 : 47p LRRSEN ENG. & SJRV. 4063 257--4051 r- 6
Architectural Review Committee with such plans, said fee to be set by said Committee.
(preliminary sketch of plan may be submitted prior to the execution of detailed
drawings.)
In the event the proposed improvement shall be one for repainting or redecoration
the exterior of such structure without remodeling or changing it, or making additions
thereto, it shall only be necessary to file one color scheme of such proposed work and
have the same approved prior to the commencement of such work.
Section 2. Approval by Architectural Review. Committee: Approval by the
Architectural Review Committee of the right to object to any of the features or elements
embodies in such plans or specifications if and when the same feature or elements are
embodies in any subsequent plans or specifications submitted for approval for the use on
other building sites. In the event the Architectural Review committee fails to act within
thirty (30) days after the proposed plans and specifications of any structure have been
submitted, in writing, or in any event, if no suit to enjoin the construction has been
commenced prior to the completion of an entire dwelling, no specific approval shall be
required for such stricture and the pertinent provisions to the Declaration shall be
deemed to have been fully complied with. The Architectural Review Committee may, at
any time, inspect any building or property located in said subdivision for the purpose of
determining whether the exterior of said building conforms to these covenants. Approval
of such plans and specifications shall be evidenced by written endorsement on such plans
or specifications, a copy of which shall be delivered to the owner or owners of tlse lot
upon which the prospective building, road, driveway or other structure is contemplated,
prior to the beginning of such construction. No changes or deviations in or fforn such
plans and specifications as approved, shall be made without the prior written consent of
the Architectural Review Committee, and construction shall be completed within one (1)
year from date of approval of said plans and specifications.
Structural engineering shall be the responsibility of the owner. The Architectural
Review Committee may waive such provisions contained in these covenants, as they
deem appropriate. In passing upon any plans and specifications submitted to it, the
Architectural Review committee shall consider:
a) Suitability of the improvement and materials of which it is to be
constructed to the site upon which it is to be located;
b) The nature of the adjacent neighboririg improvements;
c) The duality of the materials to be utilized in any proposed improvements;
and
d) The effect of any proposed improvement on the adjacent or neighboring
property -
In passing on any plans and specifications, it shall be an objective of the Architectural
Review Committee to snake certain that no improvement will be so similar or so
dissimilar to others in the vicinity that value, monetary or aesthetic, will be impaired, and
to maintain for the benefit of the Architectural Review Committee and all subsequent
Nov 0!5 04 01:48p Lfi{ SEN 'NG-& il RY« (406)257-405 Pm7
individual lot owners, the nature character of he land and to require that all man-made
smuctures blend into the natural backgound rather than stand out against it.
ARTICLE V. RESTRICTIONS AS TO LAniD USE
Section 1_ Multi family: The following are permitted uses for all that land shown
on and described as Exhibit A
Multi -family (D�plex 3
ARTICLE. V . RSETR.ICTIOI S A5 TO LANDSCAPTING
Section 1. Landscanin-: Landscape treatment required for all lots shall consists
of a combination oftu � sll'�1�J5, and trees.
ARTICLE Vfl_ MISCELLANEOUS RESTRICTIONS
Section 1. Lot -Size.- Minimum lot sues shall be .
7,91 square feet for a duplex.
Section 2. Buildino, Size: Each building or other structure shall be constructed;
erected and maintained in strict accordance with the approved plans and specifications.
Each townhouse unit shall have a base floor area of not less than 1,000 square feet of
living area fro a single story building. A garage having a minimum of w parking stalls
shall a required for each dwelling unit. Maximu-ni structural height shall be 35 feet.
Section 3. Setbacks: Setbacks for each lot shall be 20 feet for the front, 15 feet for
rear yards and 5 feet for the side yards, except the setback shall be 20 feet for any corner
side yard.
Section 4. Utilities: All utilities including but not limited to power, electric and
telephone shall be underground.
Section 5. Continuity of Construction.- All structures shall have the exterior
completed with twelve (12) months of commencement of construction unless an
exception is granted in writing by the Architectural Review Committee.
Section 5. Temporary Structures: No trailer, basement, tent, shack, garage, barn or
other outbuilding erected or placed on any lot shall at any time be used as a permanent
residence. Any of the aforementioned structures shall be erected at any time without the
written approval of the Architectural Review Committee.
Section 7. Animals. No animals of any kind, shall be raised, bred or kept on any lot,
excepting that dogs, cats and other small domestic animals may be kept, but not for
commercial purposes. Permitted animals, not exceeding two adults animals, must be
confined to the lot of their owner and not permitted to run at large. The owners shall be
responsible for immediately picking up after the pet and keeping it on owner's property at
all times unless under leash.
r,
Nov 05 04 01 s 48P LARS N ENG. L SURV.
Section S. Garage: No lot shall be used or maintained as a dumping ground for
rubbish. Trash garbage or other waste, shall be kept in covered, reasonable airtight
containers. Such containers must be kept in a garage or other enclosed area, except the
night before and day of pickup and/or as otherwise affected by City ordinance.
Section 9. LgAdsgaing and Fences: No hedges, shrubs or other plantings, or any
structure shall be permitted which unreasonably obstructs the view of any owner or motor
vehicle drives, and shall not in any event, except four (4) feet in height nor more than
thee (a") feet in height anywhere in the front twenty five (25) feet of the property. Trees
are permitted when the location and size of tree(s) do not interfere with travel safety
relative to site distances when approaching the public road form individual or share
driveways. AJI or any landscaping shall be subject to the approval of the Architectural
Review Committee. There shall be no fences in front or rear yards. Fencing of a vinyl or
non-paintable surface shall be allowed around patio decks with written approval form the
Architectural Review Committee,
Section 10. Signs: Except for the Declarant or its agent, no signs shall be placed on
any lot except name plates and one unsighted sign not exceeding three (3) square feet in
surface area advertising the sale or lease of the lot or improvements thereon.
Section 11. Parking: All lot owners shall be responsible for providing on -site
parldng in accordance with the Kalispell Zoning Ordinance for the intended uses. Nc
trailer, camper, or recreational vehicle shall be parked in view of the public on premises,
and if parked shall be completely contained within a garage.
Section 12. Nuisance: No noxious or offensive activity shall be carried on nor shall
anything be done or permitted which shall constitute public nuisance therein. This
includes noise.
Section l3. Burcin : Open fires are not permitted on the property. Outdoor
barbecues are not an open fire within the meaning hereof.
Section 14. Alteration by Unit Owners: The interior plan of a unit may be changed
by its owner with the exception of the bearing wall, which may not be moved, and all
two-hour firewalls which may not be penetrated or modified in any manner. No unit may
be subdivided.
Section 15, Maintenance by Emit Owner: An owner shall maintain and keep in
repair the interior of each unit and its fixtures. All fixtures, utility lines and equipment
installed in the unit commencing at a point where the utilities enter the unit shall be
maintained and kept in repair by the owner thereof An owner shall do no act nor any
work which will impair the structural soundness or integrity of the building or impair any
easement. An owner shall keep all areas appurtenant to his unit in a clean and sanitary
condition. The right of each owner to repair, alter and remodel is coupled with the
obligation to replace any fnishing or other materials removed with similar types or kinds
of materials_ No acts of alteration, repairing or remodeling by any unit owner shall
impair in any way the structural integrity of the units of adjoining owners. Nothing
contained in this Declaration or the By-laws will be construed as to make the
Homeowner's Association liable or responsible for any interior ,repairs. These repairs are
the responsibility of the owner subject to any warranty from hislher builder.
Section 16. Exterior Alterations: No owner may change, alter or remodel the exterior
of his unit without the prior writter, approval of he Association.
Section 17. ' Nlaimenance by TgjLm House Association: The Association shall take
all necessary steps, including but not limited to, exterior painting, roof and gutter repairs,
concrete, exterior brick and stone repairs, repairs to common and fire walls, snow
removal from roofs and replacement or repair of all broken or warn exterior parts, to
insure that the building does not unnecessarily deteriorate at owners expense. The
association reserves the right to repair and charge back to the unit owner such interior
repairs as are necessary to avoid adverse affects on the other units or the building as a
whole. The Association is responsible for maintenance of landscaping and sprinkler and
water delivery systems, and snow removal from shared driveways and sidewalks as part
of regular Associations dues.
Section 18. Liens- for Alterations: Labor performed and materials furnished and
incorporated into a unit with the consent of or at the request of the unit owners, his agent,
his contractor, or subcontractors shall be the basis for the same, Each unit owner shall
indemnify and hold harmless each of the other owners form and against all liability
arising from the claim of any lien against the unit or building for construction performed
or for labor, materials, services or other products incorporated in the owner's unit at such
owner's request_
Section 19. asemen s:
a. Utility Easements; Common utility services are provided to building lines
and in some instances to separate Unit lines. By virtue of these covenants,
Each lot is subject to a common utility easement for such utility lines and
the maintenance thereof All property covered hereby is subject to an
easement for such utility lines and he maintenance thereof. The right and
easement to maintain said easements rests primarily with the Homeowner's
Association and inures to the benefit of the Association, which may assess
maintenance costs pursuant to this Declaration and the By -Laws. Should
any Unit's utility service lines, pipes, or wires pass over, under or through
another Unit, both the Homeowner's Association and the Unit whose
service passes through another Unit are by these covenants granted a
permanent right of access for maintenance and repair of said wires, lines
and pipes. Should repair only beneficially affect one Unit, that Unit will
bear the cast of repair or maintenance where conducted by the Association
of the Unit owner. Should repair or maintenance be of mutual benefit to
more than one Unit, the cost of the repair shall be assessed to those units
beneficially affected.
Section 20. Insurance: Each unit owner shall insure his premises at value and further
shall have liability coverage in the amount of no less than S100,000.00 per occurrence,
In addition, each owner will carry medical payment insurance as part of their
Nov05 04 01:4Sp LRRSEN ENG, & Sty . (4063 2 S?-405; e to
Homeowner's insurance in an amount of no iess that S5,000M per occurrence. Proof of
insurance shall be delivered to the Secretary for the Association each year. All insurance
policies upon the property shall prohibit subrogation. against the Association and or other
unit owners.
a. Reconstruction or Repair: All Units are to be repaired or replaced if there is
insured destruction or damage unless the Association through its Board of
Directors waives such replacement. This clause protects the values of all
Units in the building and is to inure to the common benefit_ Should a unit
owner fail to abide by this provision, the Association may cause repair or
rebuilding and charge the same to the Unit owner.
b. Puns and Specifications: Any reconstruction or repair must be substantially
in accordance with the plans and specifications for the original improvements,
or if not, then according to the plans and specifications approved by no less
than 75% of the Unit owners, including the owners of all Units the plans for
which are to be altered.
ARTICLE VIII. EST_BLISHWNT OF ASSOCI TI N
Section 1. Purpose: For the purpose of maintaining the maintenance area, which
is under the control of the Association; and shared by the owners, and for the purpose of
providing for the collection and payment of necessary common expenses, a non- profit
corporation is Derby formed under the name of fohnson Properties Owners Association.
Section 2. Membership: An owner of a townhouse lot in Aspen Creek Property
Owners Association shall automatically upon becoming the owner of such townhouse lot
be a member of the Aspen Creek Property Owners Association, hereinafter referred to as
the Association, and shall remain a member of suck Association until such time as his
ownership ceases for any reason, at which time his membership in the Association shall
automatically cease. The membership shall be limited to townhouse lot owners as
defined in the Deccaration.
.ARTICLE DC, ENFORCENMNEI"
Section 1. Interested Parties: Any owner shall have the option and right to
enforce by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations and charges now or hereafter imposed by the provisions of this Declaration.
The method of enforcement may include proceedings to enjoin the violation, to recover
damages, or both. Failure by any owner to enforce any such provisions shall in no event
be deemed a waiver of the right to do so thereafter. The city of Kalispell is an interested
{tarty and shall like an owner, at its sale election, also has the authority to enforce these
covenants, and in the event of litigation, shall be entitled to attorney's fees.
Section 2. Severability: invalidation of any one of these covenants or restrictions
by judgment or court order, shall in no wise affect any other provision which shall remain
in full force and affect-
9
Nov fly 04 01 4 50p LARSEN ENG. « SURV. (406:257-4051
ARTICLE X
The provisions of these protective covenants are to run with the land and shall be
binding upon all parties and all persons claiming under them, for a period of twenty (20)
years froze the date they are recorded, after which time said protective covenants shall be
automatically extended for successive periods of ten. (10) years unless an instrument
executed by the -owners of seventy-five percent (75%) of the 80 townhouse lets located
on the land described as all that land as shown on and describe, as Exhibit A has been
recorded agreeing to terminate said protective covenants or change them in whole or in
part. Each townhouse lot shall be entitled to one vote under this Article.
AMICLE XI_ RN Nf3ly ENTT
This Declaration may be amended by an instrument signed by the owners
of Seventy-five Percent (75%) of the 80 townhouse lets described as all that land shown.
on and described as Exhibit A. which instrument has been recorded, agreeing to such
amendment. Each townhouse lot shall be entitled to one vote under this Article provided
that in any event an amendment shall not be valid unless approved in writing by the City
of Kalispell.
7 ri
Nov ®S 04 01:50p LRRSEN cNG_& SURV. s4ii�32S�-�i3SR �_12
IN WITNESS WHEEREOF, the Declarant has executed this instrument the day
and year first above written.
JOHNS0N PROPE R.TSES
Bv:
President
STATE OF MONTANA )
: ss.
County of Flathead }
On this day of , 2004, before me, the undersigned, a
Notary Public for the State of Montana, personalty appeared
known to be to President of Johnson Properties, the corporation whose name is
subscribed to the within instrument, and acknowledged to me that such Corporation
executed the sarne.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year in this certificate first above written.
Notary Public for the State of Montana
Residing at , Montana
My commission expires
Im
19 6
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MAP H:\gPLOT k DATE:
VICINITY pD4—1
DOUGLAS JOHNSON
PRELIMINARY PLAT - "ASPEN CREED"
A 66 LOT RESIDENTIAL SUBDIVISION ON 20 ACRES
24 SINGLE-FAMILY LOTS & 21 TOWNHOUSES (42 WITS)
FILED CONCURRENTLY WITH ANNEXATION & INITIAL, ZONING
OF R-2, URBAN SINGLE FAMILY RESIDENTIAL WITH A PLANNED
UNIT DEVELOPMENT (PUD) OVERLAY
FILE# KPP-04-11 SCALE " _ 600"
Tri-Ciq, Planning Office I
17 Second St Last, Suite 211
Kalispell, MT 59901
Phone. 1406) 7SI-1850 Fax: f406% 751-185S
_ MAJOR SUBDMSIOIq PRELIMINARY PLAT APPLICATION
RALISPELL WHITEFISH COLUMBIA. FALLS
FEE SCHEDULE: FEE ATTACHED
Major Subdivision (6 or more lots) $750 + $40/lot
Mobile Home Parrs & Campgrounds (6 or more spaces) $750 + $40/space
Amended Preliminary flat $250
Subdivision Variance $100 (per variance)
Commercial and Industrial. Subdivision Add $200 to base
prehminaTy plat fee
SUBDIVISION NAME: � � �� svo
OWNER(S) OF RECORD:
Name_ b u lat A-S Phone.- —A
Mailing Address -P- 0 , m?C ) i
City
TECKNICALIPROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
L-Q� c , t st y. 4- -S-A yz :) r4 G .
Name & Address
Name & Address
Name & Address
LEGAL DESCRIPTION OF' PROPERTY:
Property Address a. j Pit 2p 4: Pr m -p M K--1—
Assessor's Tract No(s) Lot No
N Ilz. f /2 �8 h-(. � Z 1ri.
..Sec Section �) Township Range .,.. --
GENERAL DESCRIPTION OF SUBDMSI€dN:
Number of Lots or Rental Spaces Total Acreage in Subdivision 'ZO • by A-e-,
Total Acreage in Lots 11. 3 Minimuan Size of Lots or Spaces �? LOT)
- $9) Maximurn Size of Lots or S 1Z Spaces ?1 � (5( �� elf
Total Acreage Ira Streets or Roads p �.(�
T tal A parks C en 5 sand/ r Coxx:moaT. Areas �"I � �Z �
o creage Tn - , P Pace o
PROPOSED USE(S) AND NUMBED OF ASSOCIATED LOTS/SPACES;
P U!9��
Single Family �� oous Mobile I Iozae Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other
APPLICABLE ZONING DESIGNATION &. DISTRICT
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS
a
Roads- Gravel /- Paved 25_Curb '? . Gutter X Sidewalks Alleys Other
Water System.: Individual Multiple User Neighborhood Public Other
Sewer System: Individual Multiple User neighborhood Public __-!�_Othe;
Other Utilities; Cable TV Telephone electric ?C. Gas Other
Solid Waste: Horne Pick Up Central Storage Contract Hauler >< Owner Haul
Mail, Delivery: Central a�C Individual School District:
Fire Protection: Hydrants 7C Tanker Recharge Fire District:
Drainage System.: aN _s l � Mf! 'BASINS.
PROPOSED EROSION/SEDIMENTATION CONTROL: 13. E .!�5.1. M.AWF_MW
VARIANCES: ARE ANY VARIANCES REQUESTED? �O fives/no) If yes,
please complete the information below:
SECTION OF REGULATIONS CREATING HARDSHIP:
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE
WITH REGULATIONS
PROPOSED ALTERNAT VZ(S) TO STRICT COMPLIANCES WITH ABOVE
REGULATIONS:
K
PLEASE ANSWER THE FOLLOWING QUES a`IOXS IN THE SPACCES PROVIDED
Will the granting of the variance be detrimental to the public health., safety or
general welfare or injurious to other adjoining properties?
2. Mill the variance cause a substantial increase in public costs?
3. Will the variance affect, in any manner, the provisions of any adopted zoning
regulations, Master Plan or Growth Policy?
4. Are there special circumstances related to the physical characteristics of the site
(topography, shape, etc.) that create the hardship?
5. What other conditions are unique to this property that create the need for a
variance?
APPLICATION CONTENTS:
The subdivider shall submit a complete applicatior-L addressing items below to the Tri-
City Planning Office at least thirty (30) days prior to the date of the meeting at which
it will be heard.
1. Preliminary plat application.
2. 20 copies of she preliminary plat.
3. One reproducible set of supplemental information. (See Appendix A of
Subdivision Regulations for the city where the subdivision is proposed.)
4. One reduced copy of the preliminary plat not to exceed 1 I' x 17" in size.
S. Application fee.
6. Adjoining Property Owners List (see example below):
Assessor# See-Twn-Rng Lot/Tract No Property Owner & Mailing Address
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be untrue, I understand that any
approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Tri-City Planning staff to be
presen n the property for r e monitoring and inspection durin ' the approval
and de el went process. 1 f
(Applicant) (Date)
As approved by the TCPB, Effective 05/01/03
4
CP
CERTIFICATION
APPLICANT: Douglas Johnson/Aspen Creep Subdivision
, the undersigned certify that I did this date mail via certified mail a copy*
of the attached notice to the following list of landowners aLdjoininthe
property lines of the property that is requesting a preliminary plat, planned
unit development and annexation.
{
f
Bate:�21
S-T-R: 11-28-22
Lot/Tracts# Tract 1 COS 15941 OR Tract 4D
Property Owner/Mail. Address:
Douglas Johnson
P.C. Box 1159
Kalispell, MT 59901
Larsen. Engineering & Surveying
P.O. Box 2071
Kalispell, MT 59908_2071
A41A ACHED La T
1.7 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Faze: (406) 751-1858
trici r .centurytel..net
www.tricityplanning-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 CITY PLANNING BARD AND ZONING COMMISSION
The regular meeting of the Kalispell City Planning Board and Zoning Commission 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 cornier 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 AG-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 filed
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 awned property. The property is located at the northern terminus of Western
Drive west of 7th Avenue East. The property is currently in the County zoning
jurisdiction and is zoned R-1, Suburban Residential. This fulfills notice and
public hearing requirements of the City of Kalispell under the state statutes.
Providing Community Planning Assistance To:
m City of Columbia Falls - City of Kalispell e City of Whitefish
L-ah�,D�'_ 7 tanniing Board aLI iic hZ arnng imacc
Paz" r
5_ A request by the City of Kalispell for an initial zor_ing designation of I-1, Light
Industrial, upon aa-, exatian to the cit y of Kalispell on appro.,zdmately 5.34 acres of
City owned property. The property is located west of the Kalispell City Airport
runway and east of the Kalispell wastewater treatment facility. The property is
currently in the County zorn"ng jurisdiction aiad is zoned I-1, Light Industrial.
This fulfills notice and public hearing requirements of the City of Kalispell under
the state statutes.
6. A request by the City of Kalispell for an initial zoning designation of P-1, Public,
upon annexation to the city of Kalispell on approximately 8.23 acres. The
property is located south of Rawson Field and west of First Avenue west. The
property is currently in the County zoning jurisdiction and is zoned R-5, Two
Family residential. This fulfills notice and public hearing requirements of the City
of Kalispell under the state statutes.
Documents pertaining to these agenda items are ozn file for public inspection at the
Tri-City Plarming Office, 17 Second Street East, Suite 211, Kalispell, MIT 59901, and
are available for public review during regular office hours.
Interested, persons are encouraged to attend the hearing and make their 111ews 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 Wilson, Senior Planner at (406) 751-1850 or e-mail at
tricity ardaacenturvtel.net for additional information.
Sincerely,
Narda A. Wilson
Senior Planner
LEGr'si.S\.iiAL1SPr.L D0D4\i 19PHNOTICE.]DGC
DOUGLAS JOHNSON LARSEN ENGINEERING FLATHEAD COUNT' SEARCE
PO BOX 1159 PO BOX 2071 RESCUE ASSOC.
PO BOX 358
KALISPELL, MT 59903 KALISPELL, MT59903
KALISPELL. MT 59903
GATES, ROBERT & JOAN
136 Vv'EST VIEW DR
KALISPELL, MT 59901
F'ERCHO, GUNTER &
MARGARETE
170 ASPEN LOOP
KALISPELL, MT 59901
KIENAS, JANICE
535 3 MILE DR
KALISPELL, MT 59901
GATES JR, ROBERT & JOAN
136 WEST VIEW DR
KALISPELL, MT 59901
ARLINT, W ALLEN & BETTY
565 THREE MILE DR
KALISPELL, MT 59901
CORBETT, MIKE & JAN
995 BLACKMER LN
COLUMBIA FALLS, MT 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 BURGLAND
604 7' AVE W
KALISPELL, MT 59901
MARTIN. MATTHEW &
ELIZABETH
180 ASPEN LOOP
KALSPELL. MT 59901
FARRIS FAMILY TRUST FOREST L
MARGARET
AD%MARILYN JOHNSON
760 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
No. 8 09
N_071CW 0' pi,iS'LIC
HE- AFING
KAI I.
PLANT ING BOAPE,
O ZNING
rrv,N�'
COMMISSION
Novernber 9, 20Q4
The regular meeti g c
t,,e Kai€spell G,ty_ Plan
nir3y Board and 7.oning
Cunyrrission is sci,ed-
uled for Tuesday, No-
vember 9. 2004 begin-
n,in.o at 7:00 PM in the
Kalfspeli City Council
Chambers. Kalispell
City Hall. 212 First .Ave-
nue East. Kaiisoe[I The
pianning board wiil hold
a public hearing and
take public comments
on the following agenda
Items- The Board will
make a recommenda-
tion ie the Kalispell City
Council who will take fi-
nal action,
1. A request by Muir -
con Development, Inc.
for preliminary plat ap-
provai cf Lot 3of Daley
Field Subdivision; a 7 lot
commercial subdivision
on approximately 7.41
acres. The developer 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
oe 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-
las Johnson for an initial
zoninc designation of R-
2, Urban Single Resi-
dential, with a Planned
Unit Development
=P'UD'; overlay upon an-
nexation to the cite' of
Kalispell on apprnxi-
mateiv 20 acres. The
,oroaeft is located west
of the southwest corner
of Three Mile Drive and
Stillwater Road. In con-
junction with the annex -
at on and proposed
P€JD zoning cesigna-
a subdivision has
been flied to be known
as ,aspen Creek that
proposes a total of uo
.ors that would consist
-_7 single family lots
nd 42 iwo-unit town-
houses. This property is
,urrentiy In the County
zoning jurisdiction and
s zoned AG-Sd, an Ag-
!cultural coning district.
The property can be de-
scribed as Assessors
Tract 4D or Tact ' of
S 9 G-4'; it Sec.lcn
Tcsvnsi` 28 "Jcz^
any. 22 W '."Test.
p
. Flathead Ccun-
�c^^ai Ea.
request `c
Doug -Johnson for preiimi-
nary pla' approval cf As-
cen I-reeK. a 66 lot rest
cent,al Suodivisicr% on
approximately 20 acres.
As procosec ;ere
Would oe 24 lots for sm-
me family homes and 42 i
wC-unit townhouse lots. -.
A. recauest for annexa
Lion and an initial zoning.
deslonatlon of R-2, % .
PUD nas been.filed con-
currently -with tie-subdi-.
vision request The'`
properly can be uescn-
bed as a portion c' As-
sessors Tact 4D or
Tract 1 of COS 594" in
Section 11. Township
28 North, Range 22
West, P.M,M., Fiathead':
County. Montana.
4..A request by the
Citv of Kalispell for an
initial zoning designa-
'Zion of R-4, Two Family,
upon annexation to the i
city of Kalispell on ap-
proximateiy 1 69 acres-
of City owned property..i
The property is located.:.
at 'he northern torminus
of Western Drive west'
of 7th Avenue Fast.:.
The property is currently:
in the County zoning ju
risdiction and is zoned.
R-,, Suburban Residen-+
tlal. This fulfills notice
and public hearing re-
guirements of the City of -
Kalispell under the state
statutes. The property
can be described as:
Tract 1 of COS 1775`-,
and Parcels A and B of,
COS 2,361 in Section
18, Township 28 North;
Range 21 West,
P.Ni.M., Flathead Coun-
ty; Montana.
5. A request by the,
City of Kalispell for an.
initial zoning designa-
tion of 1-1, Light Industri-
ai, upon annexation to.
the city of Kalispell on .
approximate]y 6.34
acres of City owned;::;
property. The property,
is located west of the,
Kalispell City Airport`
runway and east of the..
Kalispell wastewater':
treatment facility. The
property is currently in:.
the County zoning juris-
diction and is zoned i-1.
qht industrial This:-
,ulfilis notice and Dublic
year ng requirements of
Me CV of Kalispell um •f
der the state statutes:;'
The prcperty can be de-=:
scribed as Parcel 1 o
COS 1884 and Parcel 1:;-
CCS 8528 in Section;:,
Zp. Township 28 North,.:.
Range 21 '•Nest
PJv.M.. C,athead Ccun-<:
,V, IAontar�a.
5, A regae_i by the:.
r_zt;, of Kaiisped for an
i z nina esigna-
_on c; F_' P=ao°,ic, upon
annexation =.o the .city of
Kahsoel=,nprcxi-
;nately acres. Tire.
STATE OF MONTAINA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
CAS SCHULDHEISS BEING DULY
SWORN, DEPOSES AND SAYS: TI AT SITE IS TU
LEGAL CLERK OF TEE DAILY ENTER LAKE a
DAILY NEWSPAPER OF GENERAL CIRCULATION
PRINTED AND PUBLISHED IN TBE CITY OF
KALISPELI., IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA., AND THAT NO 8709
LEGAL ADVERTISEMENT WAS PRINTED AN]
P JB LISHED IN THE 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 OTT -TER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FORS HE SAME ; A ER OF INSERTIONS.
tj
01
Subscribed and sworn to before me this
AD. OCT 25, 2004
Notary Public for the State of Montana
Residing in Kalispell
My Commission expires 9/1I/05
- .pert.; =s ir. tec
and wes ,r5 Ave-
nUe Wes The norms-r,;
s currentiy in the -
• vLin-
ty zoning jur-sdiction
and is zoned R-�, Two
Family RsesidentiL This
Iulfllis nonce and public
hearing requirements of
the City of Kalispeil un-
der the state statutes.
The properly can be de-.
scribed as Parcel A qfi
COS 12551 in Sections
18, Township 28 North,
Range 21 West;,
P,M.M., Flathead Oounw
ty, Montana.
Documems pertaining.
to these agenda items
are on file for public irs-
spection at the T ri-City
Planning Office, 17 Sec=
and Street East, Suite
211, Kalispell, T
59901, and are avaiia-
ble for public review
during regular office
hours.
Interested persons are
encouraged to attend
the hearing and make
their views and corn-
Gems known to the
Board. Written com-
ments may be submit-
ted to the Tri-City Plan-
ning Office at the above
address, prior to the.
date of the hearing, or
You may contact Narda
Wilson, Senior Planner,
at (406) 751-1850 or e-
mail her at
tricityna rd a ®centurytel;
net for additional infor-
mation.
Is,Thomas R. Jentz
Thomas R. Jentz
Planning Director
October 24. 2004,
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