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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