06. Resolution 4905 - Annexation - Bowser Creek EstatesTri-City Planning Office
17 Second Street East —Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centu rytel. net
www.tricitypianning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Russell Purdy Request for Annexation and Initial Zoning
Designation of R-2 / PUD
MEETING DATE: July 6, 2004
BACKGROUND: This is a request for annexation and an initial zoning designation of
R-2, Single Family Residential, with a Planned Unit Development overlay on
approximately 30.768 acres. Filed concurrently with the annexation and initial
zoning designation is a request for preliminary plat approval of Bowser Creek Estates.
The property is located northwest of Kalispell on the southwest corner of Three Mile
Drive and Stillwater Road. It is the intent of this PUD to allow a mix of housing types
that include 54 detached single family lots, and 42 two unit townhouse lots along
with two neighborhood commercial lots. It is anticipated that the subdivision will be
developed in four 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 zoning and subdivision were redesigned in response to concerns expressed at a
previous planning board meeting about the number of townhouses, road crossings
and floodplain. The staff recommended approval of the subdivision subject to the
listed conditions that includes a reconfiguration of lots along the south border to
single family rather than townhouses and to include a reservation of right-of-way to
access the property to the west and avoid an additional access onto Three Mile Drive
in the future.
The Kalispell City Planning Board met on June 9, 2004 and held a public hearing to
consider this proposal. At the public hearing, there were several neighbors from the
area that spoke in opposition to the subdivision primarily because of the density and
impacts on neighborhood character. They also cited concerns relating to an increase
in traffic and impacts to the floodplain and riparian corridor running through the
property.
The planning board discussed the request and issues related to the transitional
nature of the area. They shared the concerns of the neighbors and amended the
conditions associated with the plat to include a landscape buffer between the existing
neighborhood to the south and the subdivision as well as a condition to require a ten
foot setback for the single family homes rather than the requested five feet. A motion
was made and passed on a unanimous vote to forward a recommendation that the
Providing Community Planning assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
Russell Purdy Annexation and Initial Zoning R-2 / PUD
June 22, 2004
Page 2
Kalispell City Council approve the preliminary plat subject to the recommended
conditions.
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: June 22, 2004
C"��L�
Chris A. Kukulski
City Manager
c: Theresa White, Kalispell City Clerk °
Attachments: Transmittal letter
Staff report #KA-04-11 / KPUD-04-5 and application materials
Draft minutes from 6/9/04 planning board meeting
TRANSMIT\KALISPEL\2004 \KPP04-8MEM
RESOLUTION NO. 4905
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
LOCATED IN SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS PURDY ADDITION NO.350; TO
ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING
ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from Russell J. Purdy, the owner of
property located on the southwest corner of Three Mile Drive and Stillwater Road,
requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, the Tri-City Planning Office has made a report on the Purdy Annexation Request,
#KA-04-11/KPUD-04-5, dated June 2, 2004, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-2, Single Family Residential with a PUD overlay on
approximately 31 acres upon annexation into the City of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION L That all the real property as described on Exhibit "A" be annexed to
the City of Kalispell and the boundary of the City is altered to so
provide, and shall be known as Purdy Addition No. 350.
SECTION II. Upon the effective date of this Resolution, the City Clerk is directed
to make and certify under the seal of the City, a copy of the record of
these proceedings as are entered on the minutes of the City Council
and file said documents with the Flathead County Clerk and
Recorder.
From and after the date of filing of said documents as prepared by the
City Clerk, or on the effective date hereof, whichever shall occur
later, said annexed territory is part of the City of Kalispell and its
citizens and property shall be subj ect to all debts, laws and ordinances
and regulations in force in the City of Kalispell and shall be entitled
to the same privileges and benefits as are other parts of the City.
SECTION I1I. The territory annexed by this Resolution shall be zoned in accordance
with the Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall be effective immediately upon passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 6TH DAY OF JULY, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel.net
June 22, 2004
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Russell Purdy Request for Annexation and Initial Zoning Designation of
R-2 with a Planned Unit Development (PUD) Overlay
Dear Chris:
The Kalispell City Planning Board met on June 9, 2004 and held a public hearing to
consider a request by Russell Purdy for an initial zoning designation of R-2/PUD,
Single Family Residential, with a Planned Unit Development (PUD) overlay upon
annexation into the city. The property proposed for annexation is located at the
southwest corner of Stillwater Road and Three Mile Drive. The property contains
approximately 31 acres. In conjunction with the annexation and proposed PUD
zoning designation, a 98 lot subdivision for the property has been submitted.
Currently the property is in the County zoning jurisdiction and is zoned R-2,
Suburban Residential, zoning district that has a 20,000 square foot minimum lot size
requirement.
Narda Wilson, of the Tri-City Planning Office, presented staff reports KA-04-11 and
KPUD-04-5 evaluating the proposal. She noted that the PUD allowed the developer
some flexibility with the creation of the two unit townhouses, setbacks on the
buildings and the creation of smaller lots than would be allowed under the traditional
R-2 zoning. She noted the zoning also allowed the creation of some commercial lots
near the center of the subdivision along Three Mile Drive. Staff recommended
approval of the proposed R-2 / PUD zoning upon annexation to the city subject to the
conditions listed in the staff report.
During the public hearing the applicant explained his proposal and attempts to try to
address the concerns of the neighbors to the south by limiting the number of
townhouses and moving the road out of the floodplain area. Several of the neighbors
from Two Mile Tracts Subdivision to the south spoke in opposition to the proposal
citing concerns about impacts to the character of the neighborhood, degradation of
the creek area and additional traffic generated onto Three Mile Drive.
The board discussed the proposal and considered the testimony. Two amendments
were made to the recommended conditions of approval by adding a requirement for a
landscape buffer and limiting the five foot setback allowance to the townhouse lots.
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish
Russell Purdy Annexation and Initial Zoning
June 22, 2004
Page 2
A motion was made and passed unanimously to recommend to the Kalispell City
Council that the property be zoned R-2/PUD, Single Family Residential, upon
annexation subject to conditions. The recommended conditions are attached as
Exhibit A. The legal description for annexation is attached as Exhibit B.
Please schedule this matter for the July 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
George Taylor
President
GT/NW/ma
Attachments: Exhibit A - PUD Conditions of Approval
Petition to annex (original)
Exhibit B - legal description
Staff report KA-04-11 / KPUD-04-5 and application materials
Draft minutes 6/9/04 planning board meeting
c w/ Art: Theresa White, Kalispell City Clerk
c w/o Art: Russell J. Purdy, 241 Commons Way, Kalispell, MT 59901
Whitefish Credit Union, Doug Johnson, Box 37, Whitefish, MT 59937
T D & H, 690 N. Meridian Rd., Suite 101, Kalispell, MT 59901
Russell Purdy Annexation and Initial Zoning
June 22, 2004
Page 3
EXHIBIT A
BOWSER CREEK ESTATES PRELIMINARY PLAT
CONDITIONS OF APPROVAL AS RECOMMENDED BY THE
KALISPELL CITY PLANNING BOARD
JUNE 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 June 9, 2004:
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 covenants, conditions, and restrictions for the subdivision shall be amended
to reflect the components of this subdivision and submitted for review and
approval by the Kalispell Site Development Review Committee that includes
architectural standards for both the residential and commercial components of
the project, a provision for the conservation and maintenance of common areas
and the private internal roadways that are proposed for the townhouses.
Setbacks for the townhouses accessed via an interior street shall be measured
from the edge of the roadway and shall be 20 feet in the front and rear and five
feet on the sides with the exception of the zero lot line required to achieve the
townhouse configuration. The covenants, conditions and restrictions shall also
create a provision for architectural review prior to the application and issuance of
a building permit from the City of Kalispell. (Site Development Review Committee)
3. The commercial component of the subdivision shall not be developed until a
minimum of 50 percent of the subdivision has been occupied by the residents.
Additionally, the architecture shall be of a generally residential character with
particular attention given to internal access, low level lighting, adequate
landscaping, unobtrusive signage and limited hours of evening operation. The
commercial component may contain one or more parcels but may not exceed one
acre in size. (Site Development Review Committee)
4. That the development of lots in the PUD shall be subject to architectural review
as outlined in the application and supporting materials and a letter be submitted
to the Kalispell Site Development Review Committee from the Architectural
Review Committee of the homeowners association prior to the issuance of a
building permit. (Site Development Review Committee)
5. That permits be obtained from the Flathead Conservation District, Montana
Department of Natural Resources and the Montana Department of Environmental
Quality for work done along the Spring Creek Channel or a letter from those
Russell Purdy Annexation and Initial Zoning
June 22, 2004
Page 4
agencies stating that the scope of work does not require permitting. (FCCD /
DNRC)
6. That the plans and specifications for all public infrastructure be designed and
installed in accordance with the Kalispell Design and Construction Standards
and the Kalispell Subdivision Regulations. A letter shall be obtained stating that
they have been reviewed and approved by the Kalispell Public Works Department.
(Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01).
7. That an easement shall be obtained from the adjoining property owner to the east
granting the right to develop the proposed 60 foot right-of-way for road and utility
purposes and once completed dedicated to the City of Kalispell as a public
roadway. (Kalispell Subdivision Regulations, Section 3.08 (A)).
8. That a minimum 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.
9. The following requirements shall be met per the Kalispell Fire Department:
Kalispell Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per
City specifications at approved locations. Minimum fire flows shall be in
accordance with 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.
c. Fire Department access shall be provided in accordance with Uniform Fire
Code (1997) Article 9.
d. Secondary emergency vehicle access shall be provided at Phase IV meet the
requirements of the Subdivision Regulations (Section 3.08) and emergency
vehicle access needs.
e. Due to project phasing it should be noted that hazardous weed abatement will
be required in accordance with City of Kalispell Ordinance 10-8.
10. That a letter be obtained from the Kalispell Parks and Recreation Director
approving a landscape plan for the placement of trees and landscaping materials
within the five foot landscape boulevard developed between the curb and the
sidewalk. (Kalispell Subdivision Regulations, Section 3.11).
Russell Purdy Annexation and Initial Zoning
June 22, 2004
Page 5
11. That the area designated on the plat as "park" shall meet the requirements for
parkland dedication and shall be developed in accordance with a plan approved
by the Kalispell Parks and Recreation Director that provides recreational
amenities including but not limited to pedestrian access, irrigation, landscaping
and play equipment so as to provide a recreational component within the
development and not simply left as passive open space. (Kalispell Subdivision
Regulations, Section 3.19).
12. That a provision be made for right-of-ways within the development that will allow
for the extension of the proposed roadway so that they will provide future access
to adjoining properties to the east. (Kalispell Subdivision Regulations, Section.
3.04).
13. 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.
14. That a floodplain development permit be obtained from the City of Kalispell after
the FEMA study has been completed and accepted for the proposed creek
crossing.
15. Structures be setback a minimum of 20 feet from the established vegetation line
of the creek if these areas are determined to be outside the 100 year floodplain.
16. That Lots 14A and B, 15A and B, 16A and B be reconfigured to accommodate
single family dwellings.
17. That a letter be obtained from the Montana Department of Transportation and
FIathead 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)
1&. That a 60 foot right-of-way reservation be noted on the final place in the area of
lots 24, 25 or 26 Phase 2 to provide ingress and egress to the adjoining parcel to
the west and to avoid the potential for an additional future access onto Three
Mile Drive.
19, The roads within the subdivision shall be named and signed in accordance with
the policies of the Kalispell Public Works Department and the Uniform Traffic
Control Devices Manual and be subject to review and approval of the Kalispell
Fire Department. (Kalispell Subdivision Regulations, Section 3.09).
Russell Purdy Annexation and Initial Zoning
June 22, 2004
Page 6
20. The developer shall provide a letter from the U.S. Postal Service approving the
plan for mail service. (Kalispell Subdivision Regulations, Section 3.22).
21. 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)).
22. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17).
23. A landscape buffer consisting of a coniferous vegetative screen that height of six
feet within three vears of planting be established on the southern boundary of
the development (lots 65-73. (Kalispell Planning Board)
24. Setbacks for the townhouses will be established at five feet between the property
boundary and the eave of the building while the setbacks for the single family
homes will be established at ten feet between the property boundary and the eave
of the building. (Kalispell Planning Board)
25. That a minimum of two-thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal.
26. All areas disturbed during development of the subdivision shall be re -vegetated
with a weed -free mix immediately after development.
27. 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.
28. 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).
Russell Purdy Annexation and Initial Zoning
June 22, 2004
Page 7
EXHIBIT B
RUSSELL PURDY I BOWSWER CREEK ESTATES PUD
LEGAL DESCRIPTION
JUNE 22, 2004
The land referred to in this policy is situated in the State of Montana, County of Flathead and is described as follows:
A tract of land s;_tuated, lying and being in the Northeast Quarter cf the
Northeast Quarter (NE1i4Nc,l/4) of Section 1I, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana, and more particularly descrihed as
follows to wit:
Commencing at the Northeast corner of the Northeast Quarter of the Northeast
Quarter of Section 11, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana, which is a found 'crass cap; thence along the East
boundary of said NEi/4N"E1/4
South 04'51'41" West, 59.91 feet to afound iron pin and the True Point of
Beginning of the tract of land herein described; thence
South 04'52'27" West 11-27.30 feet to a found iron pin and the Northeast
corner of the Plat of Two Mi_e Tract, Ph. 2 (records of F-athead County,
3!ontana)- thence along the North boundary of said Plat
South 89'30'56" West 1266.46 feet to a found iron pin on the West boundary
of said NE1/4D1E1/4 and the Northwest corner of said Plat; thence leaving
said Plat and along the West boundary of said NE1/4NE1/4
North 02'50'18" East 426.98 feet to a found iron pin; thence
North 02'47'58" cast 317.12 feet to the approximated thread of a creek;
thence along said thread the follow'_ng Eleven (12_) courses:
North 75',19'14" East 48.91 feet;
North 22'55'03" East 26.82 feet;
North 63'98'45" East 45.0E feet;
South 25'12'47" East 25.96 feet;
South 43'17'37" East 16.90 feet;
-South 79'37'50" East 54.16 feet;
South 10'47'38" East 31.22 feet;
South 53'21'49" East 7.99 feet;
North 41'26'44" East 1'_.50 feet;
North 75`37'48" East 24.96 feet;
South 67'18'30" East 23.50 feet; thence leaving said thread
North 56'42'16" East 83.'--1 feet to a set iron pica; thence
North 02`47'58" East 375.21 feet to a set iron pin on the Southerly R/W of
Three Mile Drive; thence along said Southerly R/W
North 89'54'57" East 475.22 feet to a found iron pin; thence
South 05'50'17 East 12.03 feet to a found R/W monument; thence
South 89`58'39" East 521.62 feet to the Point of Begi ring.
Tract 2, Certificate of Survey No. 15888.
According _o the _^-.atread County tam: rol-.s the procerty address for �he
insured description __ as fo'cws: Noce given.
BOWSER CREEK ESTATES PLANNED UNIT DEVELOPMENT
REQUEST FOR INITIAL ZONING OF R-2/PUD UPON ANNEXATION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KA-04-11 / KPUD-04-5
JUNE 2, 2004
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
an initial zoning designation of R-2/PUD upon annexation to the city of Kalispell. A
public hearing has been scheduled before the Kalispell City Planning Board for June
9, 2004 beginning at 7:00 PM, to consider appropriate zoning for the area property to
be annexed. The planning board will forward a recommendation for appropriate
zoning to the Kalispell City Council for consideration.
BACKGROUND INFORMATION
The applicant has petitioned for annexation and an initial zoning designation of R-
2/PUD, a Single -Family Residential district, on approximately 30.768 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:
Technical Assistance:
Russell J. Purdy
241 Commons Way
Kalispell, MT 59901
(406) 756-1632
Whitefish Credit Union
Attn: Doug Johnson
P.O. Box 37
Whitefish, MT 59937
Thomas Dean and Hoskins
690 N. Meridian Rd., Suite 101
Kalispell, MT 59901
(406) 752-5246
B. Nature of the Request: This is a request for an initial zoning designation of R-2,
Single Family Residential, with a Planned Unit Development overlay on
approximately 30.768 acres. The property is located northwest of Kalispell on the
southwest corner of Three Mile Drive and Stillwater Road. Currently this property
is in the County zoning jurisdiction and has a zoning designation of R-2, a
Suburban Residential zoning designation that has a minimum lot size
requirement of 20,000 square feet. It is the intent of this PUD to allow a mix of
housing types that include 54 detached single family lots, and 42 two unit
townhouse lots and two neighborhood commercial lots. It is anticipated that the
subdivision will be developed in four phases over a period of 12 years or less. The
PUD zoning overlay provides a mechanism for the developer to gain flexibility in
lot sizes, housing types and site configuration that would not otherwise be
allowed under a strict R-2 zoning designation. The R-2 zoning has a minimum lot
size requirement of 9,600 square feet and a minimum lot width of 70 feet. With a
PUD overlay, the dimensional requirements, setbacks and housing types can be
amended but without a significant increase in the overall density for the site.
The Kalispell Zoning Ordinance allows a maximum of seven dwelling units per
acre under the R-2 zoning designation with a PUD overlay. This subdivision
contains approximately 31 acres with a total of 98 lots that would be phased as
follows: Phase 1 would include the area to the east which would include 20 two
unit townhouses and two single family lots. Phase 2 would move to the west with
six two unit townhouse lots and 26 single family lots and the two commercial lots.
This would include the loop road that provides two accesses onto Three Mile
Drive. One would align with Stillwater Road and one would align with the road to
the north, Blue Crest Drive, in Phase 1 of Blue Heron subdivision. Phase 3 would
be to the south of these roads and would include six two unit townhouses and
eight single family lots. The final Phase 4 would include 10 two unit townhouses
and 17 single family lots. The anticipated phasing of the project would occur over
a number of years.
Bowser Spring Creek runs rather west to east through the property and creates a
significant floodplain area within the site. Within the creek and floodplain area,
the developers are proposing an approximately 5.35 acre park area that would be
privately owned and maintained by the property owners. This area of the 100
year floodplain is in a non -detailed study area and the base flood elevation has
not been established. The developers have submitted an analysis to FEMA to
delineate the actual base flood elevation which will be evaluated. The developers
are aware no structures or lots can be created or located in the 100 year
floodplain.
C. Location and Legal Description of Property: The property proposed for
annexation and the initial zoning request is located on the southwest corner of
Three Mile Drive and Stillwater Road. The property address is 400 Three Mile
Drive and it can be described as Assessors Tract 2 located in Section 11,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.
D. Existing Land Use and Zoning: The property proposed for the PUD has a small
single wide mobile home and outbuilding which would be removed at the time of
development. Currently this property is in the County zoning jurisdiction and is
zoned R-2, Suburban Residential, a single family residential zoning district which
has a minimum lot size requirement of 20,000 square feet. This property was
rezoned within the last several years from an agricultural zoning designation. As
previously mentioned, a petition for annexation to the city of Kalispell and an
initial zoning designation of R-2 with a PUD overlay has been filed concurrently
with the request for preliminary plat approval.
E. Adjacent Land Uses and Zoning: This property is located in an area currently
experiencing a transition from rural and agricultural uses to urban scale
residential because of the recent extension of public water and sewer to the area.
North: Blue Heron Estates, Search and Rescue, rural residential, City R-
2, County SAG-5 and AG-80 zoning
South: Suburban residential subdivision, County R-2 zoning
East: Rural residential, County R-1 zoning
West: Undeveloped (proposed Aspen Creek PUD), County AG-80 zoning
F. Proposed Zoning: The proposed R-2, Single Family Residential, zone lists single-
family residences as permitted uses and has a minimum lot size requirement of
9,600 square feet and a width of 70 feet. The applicant is requesting a PUD that
would allow the creation of attached sublets in a two unit townhouse
configuration as well as single-family homes. The PUD mechanism provides the
flexibility in housing types and the shifting of density to the attached dwellings on
smaller lots.
G. General Land Use Character: The general land use character of this area can be
described as primarily agricultural land transitioning toward residential uses with
city annexation and services. This area can also be described as being on the
urban fringes of Kalispell and there have been significant development pressures
in the area.
H. Utilities and Public Services: All available public services and facilities will be
provided to these properties at the same level of service as other properties
similarly situated in the city limits.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
Contract hauler available
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyTel
Schools:
School District #5, Kalispell
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
I. Relation to Zoning Requirements: The applicants are proposing annexation
and an initial zoning designation of R-2 with a PUD overlay. The R-2 zoning
district has a minimum lot size requirement of one dwelling unit per 9,600 square
feet or approximately 4.5 dwelling units per acre. With a PUD overlay the
Kalispell Zoning Ordinance Section 27.21.030(4), allows a maximum of five
dwelling units per acre. This property contains a total of approximately 31 acres.
The developer has proposed the creation of 54 single-family lots, 42 attached
dwellings in a two unit townhouse configuration and two neighborhood
commercial lots.
The overall density of the Aspen Creek Planned Unit Development based on 31
acres would be approximately 3.09 dwelling units per acre, below that which
would be allowed under either the PUD provisions or the traditional R-2 zoning
district. The deviation from the R-2 zoning requirements, which is generally
considered single family residential, is that this development will have a mix of lot
sizes and housing types and the creation of the neighborhood commercial lots
containing approximately one acre. For instance, the PUD mechanism allows the
creation of individual lots under the required 9,600 square feet and would also
allow attached dwellings that would be created with the townhouse configuration.
Essentially this would result in a variation to the setback requirements, thereby
allowing a zero setback between dwelling units.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
1. Does the requested zone comply with the growth policv?
The property is designated by the Kalispell Growth Policy future land use map as
"Suburban Residential" which anticipates residential development with a density
of up to four dwelling units per acre. Because of the provision of public water
and sewer to the site, the proposed R-2 zoning designation is in compliance with
the future land use designation for the area. The R-2 zoning has a minimum lot
size requirement of 9,600 square feet. The proposed zoning and associated PUD
is in compliance with the anticipated densities and residential use of the land in
this area which anticipates single-family dwellings in urban residential areas.
Additionally, the growth policy anticipates neighborhood commercial pods within
established residential areas to serve the needs of the immediate residents. The
uses within the neighborhood commercial lot would be limited to trade and
services facilities such as small retail stores and coin operated laundry and
would not allow gas stations or repair shops. The proposed PUD is in compliance
with the growth policy and anticipated development for the area.
2. Is the requested zone designed to lessen congestion in the streets?
Once the property is developed, all of the new development and infrastructure
will be constructed to City standards. Density and traffic in the area will
increase. The increased density will allow for more efficient provision of public
services, including roads. By increasing the density, the future population of this
site will be closer to public facilities. Vehicle trips become shorter, resulting in
fewer miles driven. Also, some residents may choose to walk or ride bicycles at
least some of the time, further reducing vehicle congestion.
3. Will the requested zone secure safetv from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an
emergency. There are no features related to the property which would
compromise the safety of the public provided that a detailed flood plain study is
completed, all structures are located out of the floodplain areas and all
appropriate permitting is adhered to. New construction will be required to be in
compliance with the building safety codes of the City which relate to fire and
building safety. All municipal services including police and fire protection
(including hydrants), water and sewer service is available to the area and will be
extended as part of the development of this property.
4. Will the requested zone promote the health and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those that would be compatible with the adjoining
properties and providing a place for new housing in the community.
4
S. Will the requested zone provide for adequate light and air?
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell Zoning Ordinance to insure adequate light and air
is provided.
6. Will the requested zone prevent the overcrowding of land?
This area is designated as being within the Kalispell Potential Utility Service
Boundary in the Kalispell Growth Policy and is anticipated for urban residential
development. Now that public water and sewer are in close proximity, an R-2
zoning designation is appropriate. The anticipated density falls within the
proposed R-2 zoning designation. All public services and facilities will be
available to serve this subdivision. Currently this property is in the County
jurisdiction and is zoned R-2, Suburban Residential, but they do not have access
to public sewer and water without annexation.
7. Will the requested zone avoid undue concentration of people?
The allowable density for this property will change as a result of annexation.
Minimum lot standards and use standards as well as subdivision development
standards will avoid the undue concentration of people at the time the property is
developed.
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
All public services and facilities are currently available or can be provided to the
property. Development should be encouraged in areas where these services are
available.
9. Does the requested zone give consideration to the particular suitability of the
Property for particular uses?
The proposed R-2 zoning district is consistent with the surrounding zoning and
land uses in the area and gives due consideration of the suitability of this
property for the permitted uses in the district.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is moving toward urban sized lots for
residential development on City sewer. The same type and density of
development can be anticipated to occur on this property that is in the area and
will be consistent with the character of the neighborhood.
i
11. Will the proposed zone conserve the value of buildings?
Values of the buildings in the area will be conserved because the R-2 zoning will
promote compatible uses on this property, compared with other properties in the
area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Urban scale residential development should be encouraged in areas were services
and facilities are available such as is being proposed on this parcel. The
proposed zoning is consistent with the future land use designations for the area
and surrounding zoning in the area.
EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL:
Project Narrative: This is a request for an initial zoning designation of R-2, Single
Family Residential, with a Planned Unit Development overlay on approximately 31
acres. The property is located on the southwest corner of Three Mile Drive and
Stillwater Road. The existing single -wide mobile home and associated outbuilding will
be removed at the time of construction. Two accesses are proposed off of Three Mile
Drive that will be phased as part of the development. The property is currently in the
County zoning jurisdiction and is zoned R-2, Suburban Residential which is a single
family residential zoning district that has a 20,000 square foot minimum lot size
requirement.
It is the intention of the developer to create 96 residential lots that include 54 single
family lots and 42 sublots in a two unit townhouse configuration. Two neighborhood
commercial lots are proposed that would total approximately one acre in size. The
Kalispell Zoning Ordinance allows a maximum density of five dwelling units per acre
with a PUD in an R-2 district. As proposed the PUD would have a maximum of 98 lots
and 96 dwelling units on 31 acres or a density of 3.09 dwelling units per acre. The
development of the subdivision would occur in four phases with the first phase being
located at the southwest corner of Stillwater Road and Three Mile Drive. Each of the
phases is intended to comply with the City of Kalispell's requirements for fire access
and turnaround areas including the provision of emergency fire access if required.
There is a significant amount of the property that is designated as being within the
100 _year floodplain since Bowser Spring Creek runs through the property, a year
round water course. A number of lots are located in areas designated as being in the
100 year floodplain. The developer is aware that a detailed floodplam study will need
to be accepted by FEMA (Federal Emergency Management Agency) in order to
determine the base flood elevation because this is in a non -detailed study area and the
actual flood elevation is unknown, but can only be estimated.
An approximately five -acre area is indicated on the plat to serve as a homeowners
park, storm water retention area and open space area. This area is within the 100
year floodplain and provides a natural amenity to the subdivision. The park and open
space area would be owned and maintained by the homeowners association and would
not be available for use by the general public,
6
Criteria for the Creation of a Planned Unit Development (PUD) District
The following information and evaluation criteria are from Section 27.21.020(2), of the
Kalispell Zoning Ordinance. The intent of the planned unit development provisions
are to provide a zoning district classification which allows some flexibility in the zoning
regulations and the mixing of uses which is balanced with the goal of preserving and
enhancing the integrity of the neighborhood and the environmental values of an area.
The zoning ordinance has a provision for the creation of a PUD district upon
annexation of the property into the city.
Review of Application Based Upon PUD Evaluation Criteria: The zoning
regulations provide that the planning board shall review the PUD application and plan
based on the following criteria:
1. The extent to which the plan departs from zoning and subdivision
regulations otherwise applicable to the subiect property, including, but not
limited to, density, bulk and use, and the reasons why such departures are
or are not deemed to be in the public interest;
The planned unit development deviates from the zoning with regard to the housing
types that would be anticipated in the development which would be primarily attached
single family residential. Essentially this will result in a zero lot line setback between
the units. Additionally there may be a deviation from the minimum lot size
requirement of 9,600 square feet of the R-2 zoning district as well as the minimum lot
widths of 70 feet primarily to accommodate the anticipated variety of housing types
within the development. Setbacks are proposed to be at five feet rather than the
required 10 feet under the R-2 zoning. In order to achieve this density determination,
the area within the 100 year floodplain that would be developed as a homeowners
park, open space area and storm water retention area. There is nothing in the zoning
ordinance that prohibits the use of the floodplain and steep slope areas within a parcel
in calculating allowable density within a site.
Additionally the developer is requesting a deviation from the traditional R-2 zoning
designation by requesting the creation of a small commercial area near at the western
entrance to the site at Blue Crest Drive and Three Mile Drive. The establishment of
neighborhood commercial is anticipated in the Kalispell Growth Policy 2020 to provide
goods and services to the local residents. The location and timing is important so the
neighborhood it serves is well -established prior to the development of the commercial
component. The proposed location of the commercial lot is questionable because of
the potential traffic conflicts and the proximity to the anticipated Kalispell Bypass,
This matter went before the Kalispell Site Development Review Committee for
consideration and discussion on Mav 20 and Mav 27. It is the recommendation of the
committee that the neighborhood commercial lot be timed so that the commercial
component be developed when the subdivision is somewhat occupied. Additionally,
the development of the neighborhood commercial site should be of a residential
architecture and developed to be compatible with the subdivision including tasteful
landscaping, signage, lighting, colors and materials. Access to the commercial
component is anticipated to be from a driveway off of the internal subdivision road and
not direct access from Three Mile Drive.
The zero lot line setbacks for the townhouses are a deviation from the zoning
ordinance as is the neighborhood commercial and interior, private access roads to the
townhouses. There are materials missing from the application including elevation
drawing, architectural renderings and the proposed covenants, conditions and
restrictions that would dictate the review and approval of new development in the
subdivision and provides a guarantee of architectural integrity and compatibility.
These will be required to be provided to the Kalispell Site Development Review
Committee for approval prior to submittal with the application for final plat for the
first phase of the development.
2. The nature and extent of the common open space in the planned
development project, the reliability of the proposals for maintenance and
conservation of the common open space and the adequacy or inadequacy of
the amount and function of the open space in terms of the land use,
densities and dwelling types proposed in the plan;
Open space is defined in the Kalispell Zoning Ordinance as "Any part of a lot
unobstructed from the ground upward. Any area used for parking or maneuvering of
automotive vehicles or storage of equipment or refuse shall not be deemed open
space." However, on a practical basis open space is much more than simply the
undeveloped land around a building that could mean the setback areas. A park area
is indicated on the preliminary plat that would be developed as a homeowners park,
storm water retention area and general open space, most of which is in the 100 year
floodplain and would be otherwise unbuildable. The developer will be responsible for
developing amenities within the park and open space areas as outlined in the PUD
proposal including walking paths, picnic area and other appropriate amenities and
then a homeowners association would be responsible for the maintenance of the
common area and open space once the subdivision is developed. Covenants,
conditions and restrictions will be required to be submitted that address the
conservation and maintenance of the park and open space areas. If properly
developed and maintained it appears that the proposed park and open space areas will
provide adequate useable park and open space area for the subdivision with easy
access by the residents.
3. The manner in which said plan does or does not make adequate provision
for public services, provide adequate control over vehicular traffic and
further the amenities of light or air, recreation and visual enjoyment;
The extension of public water and sewer to the site will be required to serve the
subdivision. Most of the public utilities will come from the east where they are
available in the Three Mile Drive right-of-way. The developer will be required to
develop the utilities in accordance with the Kalispell Standards for Design and
Construction. Additionally, new roadways will need to be constructed and are
indicated on the overall development plan for the PUD. The internal roadway
providing primary access will connect to a proposed public street to the west that has
been anticipated to be extended to connect with this property as well as a proposed
right of way to the west for a future connection should this property be developed.
The staff is recommending that 60 foot right-of-way reservation be noted on the plat in
the area of Lots 24, 25 or 26 of phase 2 to provide access to the property to the west in
order to avoid the potential for an additional access onto Three Mile Drive.
3
There are four phases proposed for the subdivision with the first development phase
being located to the east and the development of an intersection at Stillwater Road and
Three Mile Drive, this corner being the closest to existing public utilities. The second
phase of the PUD is to the southwest and the phasing is indicated to be moving
further east with finally a road crossing over the creek. In order to develop a crossing
over the creek the developer will be required to obtain a floodplain development permit
from the City of Kalispell and a 310 permit from the Flathead Conservation District.
The design and nature with regard to housing types and lot sizes are a mix of single
family and townhouses in a two unit configuration. Specific elements of the
architecture have not been submitted with the PUD application and will need to be
developed and provide a mechanism for architectural review.
Storm water management will be required to be handled and retained on site and a
retention area is shown in a portion of an area indicated as the 100 year floodplain.
This is a natural swale and appears that it could be an overflow area to the creek. No
detailed plan for handling drainage has been submitted with the application and
would not be required at this time, but as the project develops an engineered drainage
plan will need to be designed in accordance with City standards and will be reviewed
and approved by the Kalispell Public Works Department.
Parkland dedication is proposed to be addressed through the dedication of a private
park area within the 100 year floodplain near and around the creek that exists on site.
There is significant vegetation that should be preserved that appear to be primarily
aspen and birch. The park area will need to be developed with recreational amenities
that keep them well maintained and functional. Passive open space will be part of the
park amenities and will need to be conserved and adequately maintained in a weed
free state. Actual park areas will be developed with walking paths, irrigation,
landscaping and recreational amenities.
Although more of a safety issue than a recreational or park amenity, a 20 foot wide
buffer will be developed along Three Mile Drive and the staff would recommend the
integration of some type of pedestrian walkway. This requirement is consistent with
the treatment of other subdivisions in this area and will eventually provide a
connected pedestrian access system along this very busy, but narrow roadway.
4. The relationship, beneficial or adverse, of the planned development
project upon the neighborhood in which it is proposed to be established;
The overall design of the PUD and future development for this subdivision has created
a mix of housing types and an integrated park and open space component as well as a
small neighborhood commercial component. As proposed it appears to be a well -
integrated design with the exception of assumptions being made about the location of
the 100 year floodplain and the location of homes within those areas. Additionally
some of the townhouses are being proposed right along the riparian areas and will
likely have to be relocated or eliminated. The provision and extension of public
utilities to the Three Mile Drive area has created an area in transition that has not
been gradual. Within the immediate area there have been several urban scale
subdivisions which have moved into this neighborhood that was previously dominated
by large tract rural residential and agricultural uses. However, the urban densities
such as those being proposed are necessary to make these subdivisions economically
9
feasible. The cost of rural land along with the extension of utilities and development of
urban infrastructure require densities such as those being proposed. Without urban
densities the costs per lot create housing that is affordable only to a few elite and not
to the median or even above income levels. Even at this density, affordable housing is
difficult to achieve. Benefits to the public primarily relates to affordable housing stock
in a safe and healthy environment. The proposed subdivision is consistent with the
type and density of development that would be anticipated for this area.
The staff is recommending that Lots 14A and B, 15A and B, 16A and B be
reconfigured to single family residential lots consistent to the single family residential
lots that adjoin this area to the south and to avoid the encroachment of development
in the riparian corridor to the east.
5. In the case of a plan which proposes development over a period of years,
the sufficiency of the terms and conditions proposed to protect and
maintain the integrity of the plan which finding shall be made only after
consultation with the city attorney;
The application states that it is anticipated that the subdivision would achieve full
build out in approximately 12 years. However, with the current rate and growth of
development, build out could take place in half that time. The four phases in the
subdivision could actually be developed as stand-alone units provided they can meet
fire access requirements. With past PUD proposals the City of Kalispell has been
entering into a development agreement with the developer that has adequately insured
and maintained the overall integrity of the development, the installation of required
infrastructure, architectural integrity and proposed amenities as well as the impacts
the development may have on adjoining properties.
b. Conformity with all applicable provisions of this chapter.
No other specific deviations from the Kalispell Zoning Ordinance can be identified
based upon the information submitted with the application other than those
addressed in the beginning of this report.
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
anv additional conditions associated with the PUD as approved by the city
council. (Kalispell Subdivision Regulations, Appendix C — Final Plat)
2. That covenants, conditions, and restrictions for the subdivision shall be amended
to reflect the components of this subdivision and submitted for review and
approval by the Kalispell Site Development Review Committee that includes
architectural standards for both the residential and commercial components of
the project, a provision for the conservation and maintenance of common areas
and the private internal roadways that are proposed for the townhouses.
Setbacks for the townhouses accessed aria an interior street shall be measured
from the edge of the roadway and shall be 20 feet in the front and rear and five
feet on the sides with the exception of the zero lot line required to achieve the
10
townhouse configuration. The covenants, conditions and restrictions shall also
create a provision for architectural review prior to the application and issuance of
a building permit from the City of Kalispell. (Site Development Review Committee)
3. The commercial component of the subdivision shall not be developed until a
minimum of 50 percent of the subdivision has been occupied by the residents.
Additionally, the architecture shall be of a generally residential character with
particular attention given to internal access, low level lighting, adequate
landscaping, unobtrusive signage and limited hours of evening operation. The
commercial component may contain one or more parcels but may not exceed one
acre in size. (Site Development Review Committee)
4. That the development of lots in the PUD shall be subject to architectural review
as outlined in the application and supporting materials and a letter be submitted
to the Kalispell Site Development Review Committee from the Architectural
Review Committee of the homeowners association prior to the issuance of a
building permit. (Site Development Review Committee)
5. That permits be obtained from the Flathead Conservation District, Montana
Department of Natural Resources and the Montana Department of Environmental
Quality for work done along the Spring Creek Channel or a letter from those
agencies stating that the scope of work does not require permitting. (FCCD /
DNRC)
6. That the plans and specifications for all public infrastructure be designed and
installed in accordance with the Kalispell Design and Construction Standards and
the Kalispell Subdivision Regulations. A letter shall be obtained stating that they
have been reviewed and approved by the Kalispell Public Works Department.
(Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01).
7. That an easement shall be obtained from the adjoining property owner to the east
granting the right to develop the proposed 60 foot right-of-way for road and utility
purposes and once completed dedicated to the City of Kalispell as a public
roadway. (Kalispell Subdivision Regulations, Section 3.08 (A)).
8. That a minimum 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.
9. The following requirements shall be met per the Kalispell Fire Department:
Kalispell Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in
accordance with 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.
11
c. Fire Department access shall be provided in accordance with Uniform Fire
Code (1997) Article 9.
d. Secondary emergency vehicle access shall be provided at Phase IV meet the
requirements of the Subdivision Regulations (Section 3.08) and emergency
vehicle access needs.
e. Due to project phasing it should be noted that hazardous weed abatement will
be required in accordance with City of Kalispell Ordinance 10-8.
10. That a letter be obtained from the Kalispell Parks and Recreation Director
approving a landscape plan for the placement of trees and landscaping materials
within the five foot landscape boulevard developed between the curb and the
sidewalk. (Kalispell Subdivision Regulations, Section 3.11).
11. That the area designated on the plat as "park" shall meet the requirements for
parkland dedication and shall be developed in accordance with a plan approved
by the Kalispell Parks and Recreation Director that provides recreational
amenities including but not limited to pedestrian access, irrigation, landscaping
and play equipment so as to provide a recreational component within the
development and not simply left as passive open space. (Kalispell Subdivision
Regulations, Section 3.19).
12. That a provision be made for right-of-ways within the development that will allow
for the extension of the proposed roadway so that they will provide future access
to adjoining properties to the east. (Kalispell Subdivision Regulations, Section.
3.04).
13. 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.
14. That a floodplain development permit be obtained from the City of Kalispell after
the FEMA study has been completed and accepted for the proposed creek
crossing.
15. Structures be setback a minimum of 20 feet from the established vegetation line
of the creek if these areas are determined to be outside the 100 year floodplain.
16. That Lots 14A andB, 15A and B, 16A and B be reconfigured to accommodate
single family dwellings.
17. 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)
18. That a 60 foot right-of-way reservation be noted on the final place in the area of
lots 24, 25 or 26 Phase 2 to provide ingress and egress to the adjoining parcel to
12
the west and to avoid the potential for an additional future access onto Three Mile
Drive.
19. The roads within the subdivision shall be named and signed in accordance with
the policies of the Kalispell Public Works Department and the Uniform Traffic
Control Devices Manual and be subject to review and approval of the Kalispell
Fire Department. (Kalispell Subdivision Regulations, Section 3.09).
20. The developer shall provide a letter from the U.S. Postal Service approving the
plan for mail service. (Kalispell Subdivision Regulations, Section 3.22).
21. 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)).
22. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17).
23. That a minimum of two-thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal.
24. All areas disturbed during development of the subdivision shall be re -vegetated
with a weed -free mix immediately after development.
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 three-year extension as each phase of the subdivision plat has been
completed and filed. (Kalispell Subdivision Regulations, Section 2.04).
NW
REPORTS\ KALISPELL\KA041 1 /KPUD04,5.DOC
73
Thomas. Dean & Hoskins Inc.
7,
Engineering Consultants
May 5, 2004
Tom 7entz
Tri-City Planning Office
Ford Bldg, 17-2nd St. E., Ste. 211
Kalispell, MT 59901
Re: Bowser Creek Estates
Dear Tom:
Attached are the following:
MAY 0 3 2004
TRI-CITY PLANNING OFFICE
• Petition for Annexation and Initial Zoning — R-2;
• Petition to Annex and Withdraw (certified) from Rural Fire District
• Application for Planned Unit Development — R-2 (PUD)
- Supporting Narrative
- Vicinity Map with Zoning Designations
- Draft CCR's
- Architectural Standards
• Preliminary Plat Application
Title Report
- Certified Adjacent Ownership List
- 1 set (I Ix17) —Preliminary Plat
- 20 sets (24x36) — Preliminary Plat
• Review Fees
Annexation- $ 198.84
P.U.D. - $ 634.60
Pre -Plat - $2,335.00
$3,168.44
Please contact us if you have any questions.
Sincerely,
THOMASDEIN & HOSKINS, INC.
ichael W. Fraser, P.E.
MWF: car
Encl: as referenced above
K04-003-001
\2004',K04-003\K04-003 o01 envtromtiental SiteAS$eSSinent:"rdA05.05.04.ientz.doe
o90 'forth iQc is in, trite l6i Kalispell, 9T 599()I s rgUhj 752- 246 FAX (406) 752 ?_ 10
Tri-City Planning Office
17 Second St East, Suite 211 RFCIEIVED
Kalispell, NIT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858 MAY 0 5 2004
1-CITY PLANNIK OFFKE
PETITION FOR ANNEXATION AiN-D INITLA-1, ZONLNG
CITY OF KALISPELL
NATMEOFAPPLICANT: Russell J. Purdy
MAIL ADDRESS: 241 Commons Way
CITY/STATEIZIP: Kalispell, MT 59901 PHONE: (406) 756-1632
INTEREST IN PROPERTY: Sale Owner + (Whitefish Credit Union -Financing)
Other Parties of Interest to be Notified:
PARTIESOFINTEREST: Whitefish Credit Union -c/o Doug Johnson
NIAILADDRESS: P.O. Box 37
CITY/STATE/ZIP: Whitefish, MT 59937 PHONE: (406) 862-3525
INTEREST IN PROPERTY
PLEASE COMPLETE THE FOLLOWING:
Address of the property: 400 Three Mile Drive, Kalispell, MT 59901
Legal Description: TR2 NE4NE4
(Lot and Block of Subdivision; Tract 4)
Sec. 11, T28N, R22W C.O.S. 15888
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac) 30.768
The present zoning of the above property is: County R-2
The proposed zoning of the above property is: Kalispell R-2 PUD
State the changed or changing conditions that make the proposed amendment necessary:
Proposed mixed use subdivision. Single family lots with a few clusters of
multifamily. Two neighborhood commercial lots.
* * * * * * * * * * * * * * * * * * * * � * * * * * * * * * * * * * * * * * * * s * * *
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for Tri-City Planning staff to be present on the
property for routine inspection during the annexation process.
I/ � 1�7
(Applican (Date)
APPLICATION PROCESS
APPLICABLE TO AT L AiNINEXATION A VI) T L4 ZONU G APPLICATIONS
Pre -Application Meeting:
A discussion with the planning director or designated member of staff must precede filing of this
application. Among topics to be discussed are: the application procedure, compatibility and
compliance with the Growth Policy, and compatibility of the proposed zoning with surrounding zoning
classifications.
2. Completed application form.
3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District form, including an
Exhibit A, legal description of the property.
4. A list of all property owners within 150 feet of the subject property (excluding public streets and right of
ways) with mailing addresses. See example below.
Assessorg Sec-Twn-Rng Lot/Tract No Property Owner & Mailing Address
5. Annexation and Initial Zoning Fee made payable to the Tri-City Planning Office.
6. Fee Schedule:
Residential (l acre or less) no fee
All other annexations:
Over 1 acre - $100 for first acre r $15 per acre over 1 acre
7. A bona fide legal description of the property from a recent survey, title report or deed which accurately
describes the property to be annexed.
As Approved by TCPB, Effective 3/15/04
MAY 4 5 2004
"flt9�"!1'Y 3s9 �saaaa�ar nr,-,..e-
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
CITY OF KALISPELL
APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD)
PROJECT NAME Bowser Creek Estates
1
2.
3.
NAME OF APPLICANT: Russell J. Purdy
MATT, AT-)DRF,SS. 241 Commons Way
CITY/ STATE/ZIP:Kalispe11 MT 59901 PHONE: 406-756-1632
NAME AND ADDRESS OF OWNER IF DIFFERENT THAT APPLICANT:
4. NAME: Same
5. MAIL ADDRESS:
6. CITY/STATE/ZIP: PHONE:
7. TECHNICAL ASSISTANCE: Thnnas_ Doan L Aoskins - Michael W. Fraser
8. MAILADDRESS: 690 x Meridian, Snito #101
9. CITY/STATE/ZIP: Kalispell MT 59901 PHONE:406-752-5246
If there are others who should be notified during the review process, please list those.
1,nbjL,fi,h crair un.i ATTN' Doug Johnson P 0 Box 37 Whitefish MT 59937
Check One:
x Initial PUD proposal
Amendment to an existing PUD
A. Property Address: 400 Three Mile Drive Kalispell MT 59901
B. Total Area of Property: 30.768 acres
C. Legal description including section, township & range: Tract 2, NE 1/4 of NE 1/4
p-f Serr 11 T99N R29W
D. The present zoning of the above property is: Kalispell R-,�t
E. Please provide the following information in a narrative format with supporting
drawings or other format as needed:
a. An overall description of the goals and objectives for the development of
the project.
b. In cases where the development will be executed in increments, a
schedule showing the time within phase will be completed.
a The extent to which the plan departs from zoning and subdivision
regulations including but not limited to density, setbacks and use, and
the reasons why such departures are or are not deemed to be in the
public interest;
d. The nature and extent of the common open space in the project and the
provisions for maintenance and conservation of the common open space;
and the adequacy of the amount and function of the open space in terms
of the land use, densities and dwelling types proposed in the plan;
e. The manner in which services will be provided such as water, sewer,
storm water management, schools, roads, traffic management,
pedestrian access, recreational facilities and other applicable services
and utilities.
f. The relationship, beneficial or adverse, of the planned development
project upon the neighborhood in which it is proposed to be established
g. How the plan provides reasonable consideration to the character of the
neighborhood and the peculiar suitability of the property for the
proposed use.
h. Where there are more intensive uses or incompatible uses planned
within the project or on the project boundaries, how with the impacts of
those uses be mitigated.
i. How the development plan will further the goals, policies and objectives
of the Kalispell Growth Policy.
j. Include site plans, drawings and schematics with supporting narratives
where needed that includes the following information:
(1), Total acreage and present zoning classifications;
(2). Zoning classification of all adjoining properties;
(3). Density in dwelling units per gross acre;
(4). Location, size height and number of stories for buildings
and uses proposed for buildings;
(S). Layout and dimensions of streets, parking areas,
Pedestrian walkways and surfacing;
2
(6). Vehicle, emergency and pedestrian access, traffic
circulation and control;
(7), Location, size, height, color and materials of signs;
(8), Location and height of fencing and/or screening;
(9), Location and type of landscaping;
(10). Location and type of open space and common areas;
(11). Proposed maintenance of common areas and open space;
(12). Property boundary locations and setback lines
(13). Special design standards, materials and / or colors;
(14), Proposed schedule of completions and phasing of the
development, if applicable;
(15). Covenants, conditions and restrictions;
(16). Any other information that may be deemed relevant and
appropriate to allow for adequate review.
if the PUD involves the division of land for the purpose of conveyance, a preliminary
plat shall be prepared in accordance with the requirements of the subdivision
regulations.
Please note that the approved final plan, together with the conditions and restrictions
imposed, shall constitute the zoning for the district. No building permit shall be
issued for any structure within the district unless such structure conforms to the
provisions of the approved plan.
The signing of this application signifies that the aforementioned information is true
and correct and grants approval for Tri-City Planning staff to be present on the
property for routine monitoring and inspection during review process.
t&� W4 � 11 �yl/
(Applicant ign Lure)
3
q-3-Z5u
(Date)
No. CT-75585
The land referred to in this policy is situated in the State of Montana, County of Flathead and is described as follows:
A tract of land situated, lying and being in the Northeast Quarter of the
Northeast Quarter (NE1/4NE1/4) of Section 11, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana, and more particularly described as
follows to wit:
Commencing at the Northeast corner of the Northeast Quarter of the Northeast
Quarter of Section 11, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana, which is a found brass cap; thence along the East
boundary of said NE1/4NE1/4
South 04'51'41" West, 59.91 feet to a found iron pin and the True Point. of
Beginning of the tract of land herein described; thence
South 04°52'27" West 1127.30 feet to a found iron pin and the Northeast
corner of the Plat of Two Mile Tract, Ph. 2 (records of Flathead County,.
Montana); thence along the North boundary of said Plat
South 89'30'56" West 1266.46 feet to a found iron pin on the West boundary
of said NE1/4NE1/4 and the Northwest corner of said Plat; thence leaving
said Plat and along the West boundary of said NE1/4NE1/4
North 02'50'18" East 426.98 feet to a found iron pin; thence
North 02'47'58" East 317.12 feet to the approximated thread of a creek;
thence along said thread the following Eleven (11) courses:
North 75'49'14" East 48.91 feet;
North 22'55103" East 26.82 feet;
North 63'08'45" East 45.05 feet;
South 25'12'47" East 25.96 feet;
South 43'17'37" East 16.90 feet;
South 79'37'50" East 54.16 feet;
South 10'47'38" East 31.22 feet;
South 53'21'49" East 7.99 feet;
North 41'26'44" East 11.50 feet;
North 75`37'48" East 24.96 feet;
South 67'18'30" East 23.50 feet; thence leaving said thread
North 56'42'16" East 83.11 feet to a set iron pin; thence
North 02'47'58" East 375.21 feet to a set iron pin on the Southerly R/W of
Three Mile Drive; thence along said Southerly R/W
North 89"54'57" East 475.22 feet to a found iron pin; thence
South 05'50'17" East 12.03 feet to a found R/W monument; thence
South 89`58'39" East 521.62 feet to the Point of Beginning.
Tract 2, Certificate of Survey No. i5888.
According to the Flathead County tax rolls the property address for the
insured description is as follows: None given.
THE END
PETITION TO ANNEX .
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same ,-Wanner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein e�j ress an intent to have the property as herein described
withdrawn from the /�S /(e.V Rural Fire District under the provisions of Section
7-33-2127, Montana Code Armotate`d; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioners) to connect and receive the utilities from the City of
Kalispell.
�
Petitioner/Owner //1 KSJ mot/ J d'eC4-
Petitioner/Owner
Please return this petition to:
Tri-City Planning Office
17 Z°G St East, Suite Z I i
Kaiispelll MT 59901
NOTE: You must attach m Exhibit A that provides a bona fide legal description of `he property
to be annexed that has been reviewed and certified by the Flathead County Plat Room.
0
-,
STATE OF MONTANA }
ss
County of Flathead County
On this =day of -W�ZtO4before me, the midersianed, a Notary Public for
the State of Montana, personally appeared—�LL, J. i% �{ known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed m Notary Seal the day and
year in this certificate first above written. �r I
Not S biic�' State o�tana
Residing at
My Commission expires: `?! !t/
STATE OF MONTAINA )
ss
County of Flathead County
On this day of , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
STATE OF MONTANA )
ss
County of Flathead
Notary Public, State of Montana
Residing at
tbly Commission expires:
On this day of , before me, the undersigned, a Notary Public for
The State of Montana, personally appeared and
the and
respectively, of the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acinowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seat the day .and
-ear in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
No. CT-75585
SCHEDULE C
The land referred to in this policy is situated in the State of Montana, County of Flathead and is described as follows:
A tract of land situated, lying and being in the Northeast Quarter of the
Northeast Quarter (1,IET/4NE1/4) of Section 11, Township 28 North, Range 22
West, P-M.M., Flathead County, Montana, and more particularly described as
follows to wit:
Commencing at the Northeast corner of the Northeast Quarter of the Northeast
Quarter of Section 11, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana, which is a found brass cap; thence along the East
boundary of said NE1/4NE1/4
South 04'51141" West, 59.91 feet to a found iron pin and the True Point of
Beginning of the tract; of land herein described; thence
South 04'52'27" West 1127.30 feet to a found iron pin and the Northeast
corner of the Plat of Two Mile Tract, Ph. 2 (records of Flathead County,
Montana); thence along the North boundary of said Plat
South 89"30'56" West 1266.46 feet to a found iron pin on the West boundary
of said NEl/4NE1/4 and the Northwest corner of said Plat; thence leaving
said Plat and along the West boundary of said NE1/4NE1/4
North 02"50'18" East 426.98 feet to a found iron pin; thence
North 02°47'58" East 317.12 feet to the approximated thread of a creek;
thence along said thread the following Eleven (11) courses:
North 75`49'14" East 48.91 feet;
North 22'55'03" East 26.82 feet;
North 63'08'45" East 45.05 feet;
South 25"12'47" East 25.96 feet;
South 43'17'37" East 16.90'feet;
-South 79'37'50" East 54.16 feet;
South 10"47'38" East 31.22 feet;
South 53'21'49" East 7.99 feet;
North 41°26'44" East 11.50 feet;
North 75"37'48" East 24.96 feet;
South 67`18'30" East 23.50 feet; thence leaving said thread
North 56'42'16" East 83.11 feet to a set iron pin; thence
North 02°47'58" East 375.21 feet to a set iron pin on the Southerly R/W of
Three Mile Drive; thence along said Southerly R/W
North 89'54'57" East 475.22 feet to a found iron pin; thence
South 05'50'17" East 12.03 feet to a found R/W monument; thence
South 89°58'39" East 521.62 feet to the Point of Beginning.
Tract 2, Certificate of Survey No. 15888.
According to the Flathead County tax rolls the property address for the
insured description is as follows: None given.
THE END
Narrative Response- Bowser Creek Estates
Introduction. The site subject to this request is a 30+ acre parcel located at the southwest
corner of Stillwater Road and Three Mile Drive. Until recently, the area was rural with
an agricultural focus. In the last nine months, the area of Three Mile Drive and Stillwater
Road has under gone significant residential development. Development patterns have
tended toward residential developments characterized by City R-2, R-3 and R-4 zoning.
Examples in the immediate area;
- Northview Heights — R-3
- Empire Estates — R-4
- Three Mile Drive — R-3 and RA-1
- Blue Heron — R-2
The subject site is bisected by Bowser Creek. Topography east of the creek is rolling
with elevation changes of twenty to thirty feet. Slopes are fifteen to eighteen percent.
West of the creek, the ground is gently sloping to the west. Historic uses appear to be
limited to pasture for livestock_
Many of the landforms in the west valley area are glacial remnants called drumlins,
narrow hilly deposits left by the recessional glaciers. Soils can be characterized as sandy
silts with underlying gravelly and eobbly silts. They are stable and not subject to erosion
or slumping.
Bowser Spring Creek is a spring fed stream originating one to one and a half miles
northwest of the site. The area is outside the area of detail study for the flood plain, but is
shown in the flood plain. Preliminary estimates of the flood plain elevations are 2.5 to 3
feet above the channel bottom. A copy of the detailed flood plain study has been
completed and submitted to FEMA and a copy is attached. No subdivision will occur in
the flood plain.
1. Goals. Present a development pattern, which preserves the unique features of the
site and provides housing opportunities with a variety of choices. The goal of the
development will embody the ollowing objectives:
- Preserve the existing riparian area;
- Establish a significant homeowners park/ recreation area;
- Set aside all the flood pain area and minimize disturbance;
- Develop an internal walkway system;
- Establish additional setbacks from Three Mile Drive;
- Limit thru traffic to encourage a neighborhood concept;
- Cluster multifamily units;
- Link multifamily areas with traditional single family
- Provide for a neighborhood commercial site;
- Minimize overall impact by implementing a phased development plan.
1\2004\K04-003\K04-003-001 Environmental Site Assessment\wordA05.04.04.Narranve response.doe 1
2. Phased Development Plan. The entire development will have four phases. Each
phase will be a stand-alone project, meeting the design criteria of the Kalispell
subdivision regulations. A phasing plan is presented in the preliminary plat and is
a sequential plan. Each phase must be completed (infrastructure) before the next
phase is initiated. Overall the entire project will be composed of 54 detached
single family and 42 units attached single-family in a duplex configuration.
Phase 1
2 Single family,
Phase 2
26 Single family,
Phase 3
8 Single family,
Phase 4
18 Single family,
20 Attached single family
6 Attached single family
6 Attached single family
10 Attached single family
The entire development is envisioned to be completed in a 12-year period. Each
phase will be completed and the next phase initiated in not more than a three-year
period. Multiple phases can occur in sequential order.
3. Departure from zoning and subdivision. The zoning requested with annexation is
R-2, a residential zone with a minimum lot size of 9,600 square feet served by
public water and sewer. "The zone is intended to provide residential housing
opportunities for classic detached single-family dwellings_ Clustered
development is permitted with a conditional use permit." The requested Planned
Unit Development will allow clustered development.
R-2 residential zoning is "intended for areas of urban residential development;
should have good thoroughfare access and be in proximity to community and
neighborhood facilities, i.e. schools, parks, shopping etc. This development
requires all public facilities". Densities within the R-2 can be as high as 3.5 units
per acre, depending on the site constraints and design. The proposed PUD has a
gross density of 3 units per acre, some 16% less than a standard R-2. To achieve
the reduction in density and set aside large environmentally sensitive areas and
the flood plain, several departures are requested from the classic requirements of
the R-2 Zone. They are listed below:
Property Development Standards
R-2 Bowser Creek Estates
Minimum Lot Area 9600 sf 7000 sf
Minimum Lot Width 70 ft 65 ft
Minimum Yards (ft)
Front Yard
20 ft
20 ft
Side Yard
loft
5 ft
Rear Yard
loft
loft
Side Comer
20 ft
20 ft
Maximum Building Height
30 ft
30 ft
Permitted Lot Coverage
30%
30%
l:A2004\K04-003\K04-003-00 t Environmental Site Assessment\wordA05.04.04.Nartative i-esponsedoc 2
A PUD overlay allows up to 10% as neighborhood commercial. The requested
one -acre site is less than allowed by the regulations, only 3.3%.
4. Common Open Space. The PUD and subdivision set aside 6.1 acres as
homeowners' park, open space and riparian area. The homeowners' park/
recreational area is estimated to be 0.551 acres and will be graded to allow group
activities and seeded for erosion control and to facilitate use. Maintaining the
riparian area in an undisturbed condition will retain its natural filtration, water
quality enhancement and flood control characteristics. Overall the proposed
homeowners' park and open space area, excluding the flood plain, exceeds the
requirements of a subdivision. The entire open space component will be owned
and maintained by a Homeowners Association.
5. Infrastructure. The site will annex into the City of Kalispell and withdraw from
the West Valley Fire District. It will become part of School District Number
Five.
Water service will be by extension of the city system, which is in the north right
of way of Three Mile Drive. This is a 12-inch main and has a static pressure of
85 pounds per square inch. Water demand will be 26 to 106 gallons per minute for
domestic use and 1,000 gallons per minute for fire protection. Preliminary
calculations indicate the existing main has the volume and pressure to meet the
needs of the development. The entire parcel is within the future service area of
the recently adopted 2002 Facilities Plan. All water main improvements will
conform to state and city standards.
Sewer will be provided by connection to the City of Kalispell system. Recently, a
lift station was constructed to pump the effluent from the subdivision north of the
site, Blue Heron Estates, to the city. Bowser Creek Estates will connect to the lift
station. The lift station capacity is 220 gallons per minute and the peak flow from
Blue Heron Estates is 40+ gallons per minute. Bowser Creek is projected to add
62.5 gallons per minute of peak flow. The general layout of the collection system
is shown on the plat. Sewer and lift station design will conform to State and City
Standards.
Storm water will be collected onsite and retained to limit the volume leaving the
site to the same as prior to development. Onsite improvements will consist of a
system of collection basins a pipe network, retention/ treatment areas and
discharge structures. Grassy swales provide very effective treatment by reducing
the solids and volatilizing the grease and petroleum products washed from the
streets during a storm event. All storm water treatment and disposal will conform
to the criteria of DEQ-8.
The subdivision at build out will have approximately 45 children with an equal
age distribution from 1 to 18. At any one time there could be 45 children,
approximately 15 K-thru-6, 5 in middle school and 10 in high school.
J:12004\K04-003\04-003-001 Environmental Site AssessmentlwordA05.04.04.Narrative response.doc j
Traffic generation will, at build out, add approximately 960 vehicle trips per day
to Three Mile Drive. Trip generation will be distributed to Three Mile Drive and
Stillwater Road. Further route selection will occur on Meridian. Three Mile
Drive operates at a level of service of A: the addition of 960 vehicle trips will not
overall affect the level of service except during peak hour at critical intersections
on Meridian. The Meridian improvement project is planned for completion
before the entire project is built out, which provides the additional capacity to
minimize impacts.
Internal circulation will be on a road system constructed to city standards with 24-
foot wide streets, curb and gutters and sidewalks on both sides, in addition to the
interior pathways.
The recreation area will be leveled and seeded to supply an area for residents for
group games and activities. This area along with the path areas will be the
homeowners' park.
6. Relationship of the PU'D to the Neighborhood. Adjoining the site are areas zoned
County R-2, half -acre lots; County R-1, one acre lots; City R-3, 9,600 square foot
lots and City R-4, 6,000 square foot lots. Overall the entire area is undergoing
transition from a rural setting to an urban environment. Impacts associated with
the project can be summarized as change. Changes, which will occur, are the loss
of the open space, increased traffic, and greater demand on public services.
Bowser Creek Estates minimizes these impacts by proposing a project, which
limits the scope of the development by setting aside areas for open space,
preserving the environmentally sensitive lands and focusing access to established
intersections. The Kalispell Growth Policy designates this area as suburban
residential which calls for up to 4 units per acre. Overall density is 3.1 units per
acre.
Kalispell's city limits until a year ago were approximately '/2 mile west of
Meridian on Three Mile Drive. Today there are three major developments which
have annexed into the city and extended public services. These are Three Mile
Drive R-3 and RA-1, Empire Estates, R-4 and Blue Heron, R-3. Over all there is
a substantial influx of high -density development in an area which has been
primarily rural. South of Bowser Creek Estates is Westview, Big Sky Tracts and
Aspen Knoll. Each is a subdivision with lots ranging from 0.5 to 1.0 acre. It is
the intent of this development to buffer the higher densities north of Three Mile
Drive with a development more dense than two parcels per acre but less dense
than four or five lots per acre.
Densities within Bowser Creek Estates are 3.1 units per acre. The scope and
intensity of the requested Planned Unit Development is consistent with the
development patterns surrounding the area and the impacts are anticipated in the
growth policy.
d12004\K04-003\K04-003-001 Environmental Site Assessment\word\05.04.04.Narrative response.doe 4
7. How the plan provides reasonable consideration to the character of the
neighborhood. As proposed, the project is a mix of single family residential and
attached single family duplexes. The site has a rolling topography and is bisected
by Bowser Creek. A design has been proposed which avoids the critical areas and
preserves other areas for the use of the neighborhood. Areas of the site, which
have the greatest topographical changes, are proposed as attached single family in
a duplex configuration. The design and ultimately the construction would have
less impact on the site due to the overall smaller footprint of the individual units.
Locations where the slopes are less have been set aside for detached single family,
areas where a greater area of disturbance would not have a significant effect. The
overall design of the project was prepared to avoid a classic Euclidean design
with long straight streets which encourage thru traffic and higher speeds.
Utilizing cul-de-sac streets and interim loops encourages a stronger neighborhood
sense. A neighborhood concept allows for the effective clustering of residential
housing styles, encourages architectural consistency and reduces land coverage
requirements.
8. Intensive land use mitigation. Land uses proposed are allowed under the Planned
Unit Development regulations of the Kalispell zoning ordinance. As a residential
PUD a commercial component is allowed as long as the area does not exceed 10%
of the gross area. The commercial area is less than 1 acre. It is intended for small
retail and service establishments to primarily serve the needs of persons within the
neighborhood. Access will be limited to only the interior roads. Frontage
adjoining Three mile Drive will be landscape with a 20-foot buffer. The duplex
townhome areas are limited to pods of three duplexes or six units. Each pod is
buffered with surrounding single family lots. Each pod is also buffered with an
owners' common area which will be landscaped and maintained by the individual
owners association. With the entire development significant areas are set aside
for Homeowners' common areas. These areas adjoin the creek and drainage ways.
Protection of these areas provides for wildlife corridors, preserve water quality
through filtration of the natural vegetation and maintains a significant open space.
4. Encourage the goals and policies of the Kalispell Growth Policy. The proposed
PUD and subdivision is consistent with a number of the goals and policies of the
Growth Policy.
- Goals:
■ Encourage efficient use of space, orderly growth consistent with high
quality of life, fiscal soundness, environmental conservation and
community unity;
The unique design which protects the stream and provides
significant buffering along with the urban amenities of sidewalks
and a homeowners recreational area result in a development with a
higher quality than other surrounding residential projects.
• Encourage housing types that provide for all sectors and income levels
within the community;
J 32004\K04-003\K04-003-001 Envii onmental Site.Assessment\wordA05.04.04Nasative i esponse.doc 5
Blending classic single family dwellings on lots efficiently sized
for standard construction with duplex townhome offers single
family units with a wide variety and thus price range.
■ New urban and suburban development occurs in areas where public
water and sewer are available;
Public water is available to the site.
■ Provide an adequate supply and mix of housing that meets the needs of
the present and future residents in terms of cost, type, design and
location;
Topography of the site lends to a variety of housing types; ranch
style single story, daylight basement, two-story townhome and
attached duplex ranch style. All within a development intended to
have a community concept.
Policies_
■ Design and locate development to protect public safety; insure
adequate provision of services; be compatible with the character of its
surroundings and encourage the most appropriate use of land;
The location adjoins an urban arterial, has water and sewer
available to the site. Site distances for the intersections are
adequate and through the permitting process with the MDOT,
safety issues will be addressed.
■ Encourage the development of urban neighborhoods as the primary
residential land use pattern in the growth policy area by allowing
urban residential densities in areas designated as suburban residential,
provided the development is consistent with the character of the area
and public services are adequate;
Suburban densities are usually 1-2 units per acre while urban
densities can be as great as 8 units per acre. Limiting the internal
roads to serve primarily the residents and clustering units in
grouping encourages neighborhoods.
■ Maintain the integrity of well established neighborhoods so that they
are bicycle safe and pedestrian friendly;
Sidewalks are provided on both sides of the streets and a
pedestrian path along Three Mile Drive.
■ Suburban housing;
- Densities should be appropriate to the limitations of the particular
site, and should not exceed two to four dwellings per gross acre,
- The suburban residential designation is intended to reduce density
and development impacts in sensitive areas and existing rural
neighborhoods;
- Single family houses are the primary housing type;
- These areas should have paved streets, public sewer and water, and
access to services. New subdivisions located in or near Kalispell
should generally include sidewalks where appropriate and
installation of low intensity street lighting appropriate to the area.
J:A2004VKO4-003\K04-003-001 Envfronmetttal Site Assessmen6wordV05.04.04. Narrative response.doc
10. Additional Information:
♦ Total acreage is 30.768 acres. Current zoning is County R-1.
♦ Zoning classifications of adjoining properties is shown on the attached
application materials.
♦ A total of 86 units are proposed or 3.12 units per acre.
♦ All buildings regardless of use, residential or commercial, will conform to
the height restrictions of the zoning ordinance, 30 feet.
♦ Layouts of the streets, parks, walkways and pedestrian ways are shown on
the preliminary plat. Streets will be asphalt pavement, sidewalks will be
concrete, parks will be seeded, and the pedestrian walkways will be
graveled.
♦ The only traffic control will be the stop signs at the intersections with
Three Mile Drive.
♦ An entry sign will be constricted with rough finished log columns about
four feet high and a rough sawn backed sign with raised bronze letters.
The entire sign will be illuminated with low intensity ground mounted
lights controlled by photo electric cell and timer.
• No fencing or screening is proposed.
• Landscaping will be placed along Three Mile Drive for the full length of
the project. Landscape materials will be berming, native grass seeding,
low growing shrubs, and trees with a minimum caliper of 2 inches
planted in an irregular spacing with varying distances from the right of
way. Average spacing will be 75 feet.
♦ Open space and common areas are shown on the Preliminary Plat. These
areas will be deeded to the Homeowners as a private park and owners
area.
♦ The Homeowners will maintain the common areas. Homeowners will
pay assessments to pay the cost of maintenance.
♦ The preliminary plat designates the property boundaries. Setbacks will be
as per the zoning regulations.
♦ A set of Draft Covenants is enclosed.
A:t2004\K04-0031K04-003-001 Environmental Site Assessmenttavord105.04.04.EVarrative response.doc 7
DECLARATION OF CONDITIONS, COVENANTS
AND RESTRICTIONS
THIS DECtARA T ION, made this day of
by the undersigned,
NITNESSETH:
WHEREAS, the undersigned are the owners of certain real property known as r
ESTATES, according to the recorded plat thereof on file and of record in the office of the Clerk
and Recorder of Flathead County, Montana, and whereas the undersigned are desirous of
subjecting the real property to the restrictions, covenants and reservations hereinafter set forth,
each and all of which is and are for the benefit of said property and for ear,�h owner thereof, and
shall inure to the benefit of and pass with said property, and each and every parcel thereof, and
shall apply to and bind the successors in interest, and any owners thereof.
NOW THEREFORE,
being the owners of all the real property knows as . ESTATES, according to the
plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County,
Montana, hereby declare 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:
The covenants, conditions and restrictions hereinafter set forth are designed to provide a uniform
plan for the development of the whole of said subdivision:
All persons or corporations who now or shall hereafter acquire any interest in and to the above
described property shall be taken and held to agree and covenant with the owner of the lots in
said subdivision and with their heirs, successors and assigns, to conform to and observe the
following covenants, restrictions, and conditions as to the use thereof and as to the construction
of dwellings and improvements thereon.
Page 1 of 9
J. No building on any lot shad be located closer than twenty-five (25) feet' the -front
line, nor closer than fifteen(15) feet to either side of tract line. Lot 47 has sufficient area to
accomodate an 1800 sq.ft. house, but may require a special design due to lot shape. It is hereby
understood that platting of said lot does extend special consideration to the property relative to
the bulk and dimensional requirements of the zoning district. (This lot is not eligable for
variances with regard to set back requirements of the zoning district)
K. No fuel tanks above or below the ground are allowed.
L. For elimination of traffic hazards and to promote traffic safety, no hedge or shrub
planting which obstructs sight lines at elevations between three (3) and six (6), feet above the
roadway shall be placed or be permitted to remain on any corner lot within the triangular area
formed by the street property lines and a line connecting them at points twenty-five (25) feet from
the intersection of the street lines, or in case of a round property corner, from the intersection of
the street property lines extended. The same sight line limitations shall apply on any lot within ten
(10) feet from the intersection of a street property line with the edge of a driveway. No tree shall
be permitted to remain within such distances of such intersections unless the foliage line is
maintained at sufficient height to prevent obstruction of such sight items.
M. An "Architectural Control Committee" is hereby formed consisting of the
developers, and such lot owners as they may from time to time appoint. At such time as the
ESTATES HOMEOWNER'S ASSOCIATION is formed, the Architectural Control
Committee shall consist of such person or persons as determined by said Association. All owners
intending to construct a dwelling or build any type of structure whatever upon any lot, shall first
submit their plans and specifications, in writing, to the Architectural Control Committee. Plans
must included proposed exterior colors.
J. No dwelling house or other structure or fence shall be erected, placed, or altered on
any lot until the construction plans and specifications along with the proposed site therefor have
been approved in writing by the Architectural Control Committee as to the quality of workmanship
and materials, harmony of external design with exisiing structures, and location of the structure
with respect to topography and finish grade- elevation. Approval or disapproval by the
Architectural Control Committee must be in writing. in the event the Committee fails to act within
30 days after the proposed plans and specifications of any structure have been submitted, in
B. A11 pets are to be leashed or fenced or otherwise con fined to the premises.
Page 5 of 9
This restriction shall speciffcaily apply tc
IV. HOMEOWNER'S ASSOCIATION:
A. The Grantee covenants and agrees that he, she, or they will become and remain a
member to HOMEOWNER'S ASSOCIATION so long as the Grantee
retains any interest in the property conveyed, and by accepting the conveyance the Grantee
binds himself, herself or themselves to abide by the by-laws and reasonable rules and regulations
of the Association which may be adopted by the Board of Directors from time to time, and the
Grantee agrees to pay the Association such annual dues and assessments as its Board of
Directors shall fix and determine, and said dues and assessments shall be paid at such time as the
Directors shall determine.
B. The HOMEOWNER'S ASSOCIATION shall be formed at a time to be designated
by the developers but no later than when the entire development (to include other units) is
complete and shall consist of the owners of each lot of :STATES and such
other units as may be developed on adjacent property now owned by
developers. The owner or owners of each lot shall be entitled to a single vote in the Association.
The Bylaws or Articles of Incorporation may provide for the joining of the Association by lot
owners in Country Estates Phase I and Phase If.
C. The HOMEOWNER'S ASSOCIATION shall be responsible for the care and
maintenance of the common properties and each homeowners use of the common properties will
be governed by such rules as adopted by the Association. For the purposes of maintaining and
caring for these common properties, the Board of Directors may make reasonable annual
assessments to the lot owners and such assessment may be collected in a suit subject to the
provisions stated below for enforcement of covenants and may become a lien upon the land by a
filing by the Board of Directors of a lien which shall describe the lot, state the amount of the
assessment that has not been paid and when it was assessed. A lot owner whose lot is subject to
such a lien must pay the assessment, costs for preparation of the lien and the lien release and all
recording costs before the lien is released. This lien may also be foreclosed in the manner of
foreclosure for mortgages with the prevailing parry entitled to attorney fees. Common properties
as used herein shall include parks, pathways, entryways into the subdivision and all roads for the
subdivision located within and without the subdivision.
l
IN WITNESS WHEREOF, we have hereunto set our hands the day and year first
hereinabove written.
i
STATE OF MONTANA )
) ss.
County of Flathead )
On this _ day of before me, the undersigned, a Notary Public for
the State of Montana, personally appearec
, known to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed Notary Seal the day and year
first above written.
Notary Public for the State of Montana
Residing at
My Commission Expires:
D- J �� s, Jl'a t, t�ii Yl Ali; i; iS "' `1,.J ��� ti i
June 7, 2004
Tri City Planning Board
17 Second Street East - Suite 211
Kalispell, Montana 59901
RE: Proposed Bowser Creek Estates
Dear Sirs,
E
JUN 0 7 2094
TRI=CITY PLANNING OFFXE
Upon reviewing the application for the proposed Bowser Creek subdivision, the Two Mile
Drive Homeowners Association would like to make the following comments:
1. The drainage area along West Spring Creek is a major wildlife corridor. The language used
in the environmental assessment to describe the impact on fish and wildlife is merely boiler
plate language and does not reflect the true character of this important wildlife corridor. We
question the source of the language used, and maintain that it is not the result of any study by
a wildlife professional. This proposed subdivision shows a major road intersection in the
middle of this drainage, while development prior to this proposal has avoided disrupting this
waterway as much as possible,
2. The proposed subdivision does not reflect the character of the neighborhood. Big Sky
Homesites, Two Mile Tracts, Hillerest Terrace, Aspen Knoll, and Wyndover Hill Subdivisions all
have lot sizes in excess of one half acre. The value of homes in these surrounding areas would
be seriously impacted by the rows of 0.17 acre lots and townhouses which border the adjacent
properties. The configuration of lots along the proposed subdivision's south boundary would
be particularly offensive, as it stacks up nine houses and two townhouse units directly across
the street from six lots in Two Mile Tracts, and the backs of the new houses would front on
Westview Drive, facing the front of the existing houses.
3. During the public review of this subdivision at the previous public hearing, many people
voiced their concern for the safety of pedestrian and bicycle traffic. The entrance to the Junior
High off of Three Mile Drive is already overburdened. The traffic from this subdivision,
without some type of mitigation, would be a hazard to public safety during school hours. No
provision has been made to address this problem.
4. No casements have been set aside to provide city service to adjacent subdivisions. Since this
proposed subdivision would be hooked up to Kalispell water and sewer, easements should be in
place to allow for the eventual extension of city set -vices to Two Mile Tracts and Big Sky
�Homesites. These easements could run along the pedestrian easements shown between tots 69
& 70, between lots 66 & 67, and along the east line of lot 41.
We recognize and accept that the area which this proposal seeks to develop will eventually be
subdivided,- we do, however, expect that the planting board will pay close attention to the
public review process and the legal requirement to adhere to the review criteria mandated by
statute and rules which protect the public, existing development, and the environment.
Sincerely,
Teresa D. Smith, President
Two Mile Drive Homeowner's Association
�
JUN 0 7 2004
64 West View Drive
TRI-i iTY PLANNING OFFICE Kalispell, MT 59901
June 4, 2003
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, MT 59901
Dear Tri-City Planning Office;
It has been brought to my attention that Russ Purdy is once again
attempting to get approval for his development on the corner of Three Mile
Drive and Stillwater Road (Bowser Creek Estates). I am writing to protest this
development. I am a homeowner on West View Drive, which would be adjacent
to this development. What he is proposing is totally out of character with the
development that has taken place in this part of Flathead County. This is a
rural part of town, with many birds and other wildlife. Such a development
would have a huge impact upon wildlife. Traffic would also be greatly
increased and schools would be overburdened.
I am also concerned about the stream that runs through this
development but is not shown on the plat. Spring Creek is a corridor for
animals and birds and I fear that the water quality would be threatened by
such a dense subdivision.
I hope that you look at the "big picture" when you consider this
development and choose not to approve it. Thank you very much for your
consideration of my thoughts.
Sincerely,
Stephanie Christensen
ArSAA05 nfaWYAVS, II
I ✓OA IDP^
XALK^ttl. Mr. ATM/
.roe rvo z
NR A 4 Mq!
MR I4FJW'S
OMP!'R
+«�lenixie`.e.ep iiw`n� wN�as
maio�n`°
n
R Gy
—y
9� MM AP!
/ 1 N".iau
CERTIFICATE OF SURVEY �}f
SEC.!/ ,T26N,R22W.,PM.,M., FLATHEAD CO.t-�-
":
. ....
In
2 9 i
--9 (FARM TO MARKET ARAOI 't T.2 �Y ....
«mar
C.Ol� w.we Rana 11!b9'N'JS£ L96P' .w u. evu
NE114 NE114
4 R. MCE331.
IITIII FRIViENT
7RACT / .a R'Rz '° TRACIR 2
2760 AC± 30.768 AC3
V
h `ai4UF4Iw CERTIFICATE 'NOFSUPVE 1n
.—R."
m p
AP
S a�
.00 / Le...«ex...e... ..�n33!tmoto
a+n' .raa, AMI>s...Mvr _. ew.m new
_.___.__.
Wlbt VIEW Ofl1VE SHEET— OF,__.SIIE[l5
I TWO MILE TRACTS, PHASE 21 , CERTIFICATE OFSURVEY IR,/__..._.
SAG-5 R-4
10 it 12 14
1B a city imits
2 Q-
1BDB
v
LBDA R72
00%
limits
11Bav — , , i I
1i
1ABA 4C
SAG-5 al AG-80
city limits
4 3F
12-28-22;;�
1 i
.3
3C
3AB
t
4D ..... 3a W 3AM
Subject Property 3CA
... .......
............ ...... - 3ACA
...............
. ..... ...... 3D;
32 10 2423 22 21 33__, '3 8
--31 — 34 1" 3 21
13.
'35
30
2JB at
25 24 7 37
26 2J
7 2JB 2JA
1
23[: _6 16 71 1_17 �2 23
(A,,( 7, 22 1'3 1 1 2JC I 21JB A
ajAA--
29 4 15 14 7
17
71
--- 4 9 '2A
29 4 4 1 13 1.41, 5 12AD 1
30 3 13 10 2E
VICINITY MAP
RUS'S E L L J . PURDY
REQUEST FOR ANNEXATION & INITIAL ZONING
T
OF R-2, SINGLE FAMILY RESIDENTIAL
FROM COUNTY R-2, ONE FAMILY LIMITED RESIDENTIAL
FT LED CONCURRENFLY W'TH "PRILJMiNARY FLAT AND
PLANNED UNIT DEVE TOP -VENT (PUD) APPLICATION
PLOT DATE: 5/11/04
LTTT L!I -v A -n1j — 1,t Qr' AT 7 1 11.dwa
4➢
Property �t 3a�AfsA➢/ I�
A
t ON
33
31
2JBB�
N� NI
�» 25 24
7 — —
262J2JB 2JA
23 6 �.
6 7 t7� 2
23
�,- i6� 31 91 CJC F�2(JB �JFi i_y.._ 6
22
\�\29 4 I, 15 �4 4
�2s, 4 �2__ - -11z 4 4 �5 '�2 DI
19/��, 30 3 3 �Q �,. PE
PAF
VICINITY MAP
RUSSELL J. PURDY
PLANNED UNIT DEVELOPMENT (PUD) - "BOWSER CREEK ESTATES"
A 98 LOT MIXED USE SUBDIVISION ON 30.768 ACRES
2 COMMERCIAL LOTS, 54 SINGLE FAMILY & 42 TOWNHOUSE LOTS
FILED CONCURRENTLY WITH ANNEXATION, INITIAL ZONING &
PRELIMINARY PLAT APPLICATION
F.T,n, r r� _ PLOT DATE: 5/11/04
T 4 KPIM—{�4-5 SCA[.� i —100 Hi\gis\siCe\kpud04_5.d