08. Resolution 4906 - Preliminary Plat - Bowser Creek EstatesTri-City Planning Office
17 Second Street East— Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel.net
www.tricityplanning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Bowser Creek Estates - Preliminary Plat Approval
MEETING DATE: July 6, 2004
BACKGROUND: This is a request for preliminary plat approval of Bowser Creek
Estates Preliminary Plat and Planned Unit Development. A request for annexation
has been filed concurrently with an initial zoning designation of R-2, Single Family
Residential, with a Planned Unit Development overlay on approximately 30.768 acres.
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 subdivision was 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 included a recommendation to reconfigure 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
Kalispell City Council approve the preliminary plat subject to the recommended
conditions.
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
Bowser Creek Estates — Preliminary Plat
June 22, 2004
Page 2
RECOMMENDATION: A motion to approve the preliminary plat subject to the
recommended conditions would be in order.
FISCAL EFFECTS:
ALTERNATIVES:
Respectfully submitted,
Narda A. Wilson
Senior Planner
Minor positive impacts once fully developed.
As suggested by the City Council.
Report compiled: June 22, 2004
c: Theresa White, Kalispell City Clerk
CAA." -
Chris A. Kukulski
City Manager
Attachments: Transmittal letter
Staff report #KPP-04-8 and application materials
Draft minutes from 6/9/04 planning board meeting
TRANSMIT\KALISPEL\2004\KPP04-8MEM
RESOLUTION NO.4906
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
BOWSER CREEK ESTATES, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S
TRACT 2 LOCATED IN SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, Russell J. Purdy, the owner of the certain real property described above has
petitioned for approval of the Subdivision Plat of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
June 9, 2004, on the proposal and reviewed Subdivision Report #KPP-04-8 issued by
the Tri-City Planning Office, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Bowser Creek Estates, subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 6,
2004, reviewed the Tri-City Planning Office Report #KPP-04-8, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION L That the Findings of Fact contained in Tri-City Planning Office Report
#KPP-04-8 are hereby adopted as the Findings of Fact of the City Council.
SECTION IL That the application of Russell J. Purdy for approval of the Preliminary Plat
of Bowser Creek Estates, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
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)
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 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).
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 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 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. A landscape buffer consisting of a coniferous vegetative screen that height of six feet within
three years of 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 pmpertv boundary
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).
SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 6TH DAY OF 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) 751-1850
Fax: (406) 751-1858
tricity CaLmIturytel.net
www.tricityplan ni ng-mt.co m
June 22, 2004
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Bower Creek Estates Preliminary Plat Approval
Dear Chris:
The Kalispell City Planning Board met on June 9, 2004 and held a public hearing to
consider a preliminary plat approval of Bowser Creek Estates Preliminary Plat and
Planned Unit Development. A request for annexation has been filed concurrently with
an initial zoning designation of R-2, Single Family Residential, with a Planned Unit
Development overlay on approximately 30.768 acres. 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.
Narda Wilson representing the Tri-City Planning Office, presented staff report KPP-04-
8 explaining that the subdivision has been redesigned in response to concerns about
the number of townhouses, road crossings and floodplain. The staff recommended
approval of the subdivision subject to the listed conditions. She noted that the staff
recommended a reconfiguration of lots along the south border to 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.
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.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Bowser Creek Estates Preliminary Plat
June 22, 2004
Page 2
A motion was made and passed on a unanimous vote to forward a recommendation
that the Kalispell City Council approve the preliminary plat subject to the
recommended conditions, attached as Exhibit A.
Please schedule this 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
v
George Taylor
President
GT/NW/ma
Attachments: Exhibit A — Recommended conditions of approval
Staff report #KPP-04-8 and application materials
Draft minutes 6/9/04 planning board meeting
c w/ Att: 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 Dean &. H, 690 N. Meridian Rd., Suite 101, Kalispell, MT 59901
Frdo/Transmit/ Kalispell/ 2004/ KPP04-8 BOWSER CREEK
Bowser Creek Estates Preliminary Plat
June 22, 2004
Page 3
EXHIBIT A
BOWSER CREEK ESTATES PRELIMINARY PLAT
'IONS 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
Bowser Creek Estates Preliminary Plat
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.
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).
Bowser Creek Estates Preliminary Plat
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
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
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).
Bowser Creek Estates Preliminary Plat
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 years 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).
REPORTS \KALISPELL\KPP-04-8. DOC
nw
BOWSER CREEK ESTATES SUBDIVISION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KPP-04-8
JUNE 2, 2004
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request for preliminary plat approval of a 98 lot subdivision on property proposed
concurrent annexation and initial zoning. A public hearing on this proposal has been
scheduled before the planning board for June 9, 2004 in the Kalispell City Council
Chambers. The planning board will forward a recommendation to the city council for
final action.
'BACKGROUND INFORMATION- This preliminary plat and planned unit development
project is a resubmittal and redesign of a project previously scheduled before the
Kalispell Planning Board for public hearing. The proposal was tabled at the April 13,
2004 planning board meeting due to the late hour and concerns expressed by the
public.
The applicant has petitioned for annexation and an initial zoning designation of R-
2/PUD, a Single -Family Residential district, on approximately 31 acres. The PUD
provides flexibility in the subdivision with regard to housing types, setback and use.
A. Petitioner / Owner: 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
Technical Assistance: 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 along
with 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
1
strict R-2 zoning designation. The R-2 zoning has a minimum lot size requirement
of 9,600 square feet and a minimum lot width of 70 feet. With a PUD overlay, the
dimensional requirements, setbacks and housing types can be amended but
without a significant increase in the overall density for the site.
The Kalispell Zoning Ordinance allows a maximum of five dwelling units per acre
under the R-2 zoning designation with a PUD overlay. This subdivision contains
approximately 31 acres with a total of 98 lots that would be phased over a number
of years. 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 Iots. 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 a detailed study to FEMA in order to
determine the base flood elevation and understand that no structures or lots can be
located in the 100 year floodplain until its exact location is determined
A large homeowners park area is indicated near the center of the site and would be
developed with recreational amenities. The remaining riparian area would be
included as a common area owned by the homeowners in the subdivision. A
portion of the common area near the homeowners park to the north would be used
for storm water retention.
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. Size:
Total Area:
Total Lot Area in Lots:
Area in Roads:
Minimum Lot Size:
Maximum Lot Size:
Common Area:
30.77 acres
17.08 acres
5.92 acres
1,830 square feet
21,780 square feet
7.14 acres
2
E. 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.
F. Adjacent Land Uses and Zoning: This property is located in an area currently
experiencing a transition from rural and agricultural uses to urban scale residential
because of the recent extension of public water and sewer to the area.
North: 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
G. Proposed Zoning: The proposed R-2, Single Family Residential, zone lists single-
family residences as permitted uses and has a minimum lot size requirement of
9,600 square feet and a width of 70 feet. The applicant is requesting a PUD that
would allow the creation of attached sublots in a duplex, triplex and fourplex
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.
H. 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.
I. 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; West Valley School District
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
J. 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
3
approximately 4.5 dwelling units per acre. With a PUD overlay the Kalispell Zoning
Ordinance Section 27.21.030(4), allows a maximum of seven 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 sublet
configuration and one neighborhood commercial lot.
The overall density of the Bowser Creek Planned Unit Development based on 31
acres would be approximately 3.32 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 a neighborhood commercial lot 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 a triplex or fourplex townhouse situation.
Essentially this would result in a variation to the setback requirements, thereby
allowing a zero setback between dwelling units.
OMM .NTC FROM THE, SITE D .V ..OPM .NT RFVTEW COMMITT F.
This matter came before the Site Development Review Committee on May 20, 2004 and
May 27, 2004. The committee recognized the fact that there are significant floodplain
issues associated with the property and it was noted that the developer has submitted
information to FEMA to establish the base flood elevation. It was also noted that the
commercial component of the project was relocated further to the west and that
additional lots were added in this area. The committee noted restrictions should be
placed on the timing and development of the commercial component of the project and
architectural standards articulated. There was general consensus among the committee
to support the commercial component of the subdivision subject to performance
standards. Pedestrian access and landscaping are to be installed along Three Mile Drive
which is consistent with other conditions on subdivisions in the area. Architectural
design standards need to be included in the PUD and schematics on building designs. A
process for architectural review prior to building permit issuance needs to be
established. A park improvement plan needs to be submitted to the parks department
for approval, including landscaping and other amenities. Setbacks on the townhouses
need to be clarified since there have been problems with them in the past.
REVIEW AND FTNDTNGS OF FACT
This application is reviewed as a major subdivision in accordance with statutory criteria
and the Kalispell City Subdivision Regulations.
A. Effects on Health and Safety
Fire: This subdivision would be in the service area of the Kalispell Fire
Department once annexed to the city. The property would be considered to be at
low risk of fire because the subdivision and homes within the subdivision would
be constructed in accordance with the Uniform Fire Code and have access which
meets City standards. All of the lots will abut a street that has been constructed
to City standards. Hydrants will be required to be placed in compliance with the
requirements of the Uniform Fire Code and approved by the fire chief. The fire
access and suppression system should be installed and approved by the fire
4
department prior to final plat approval because of potential problems with
combustible construction taking place prior to adequate fire access to the site
being developed. Secondary access will have to be addressed during the phasing
of the subdivision.
Flooding: According to FIRM Panel and as indicated on the preliminary plat there
is an area of significant floodplain on the site as a result of the Bowser Spring
Creek drainage running through the site. However, this area has not been the
subject of a detailed study by FEMA and therefore the base flood elevation has not
been established. The developer has submitted an analysis to FEMA for review
and understands that prior to the filing of a final plat a detailed study of the area
will need to be accepted and approved by FEMA in order to establish the base
flood elevation. The Kalispell Subdivision Regulations Section 3.05, F000dplain
Provisions, prohibit the creation of lots in the 100 year floodplain or the floodway.
A significant number of lots and structures have been located in the 100 year
floodplain and cannot be platted until a detailed study has been accepted by
FEMA and establishment of the base flood elevation has been determined.
Additionally, a road is proposed to cross the creek at some point during the
phasing. This needs to be initiated after the flood study has been completed and
will require that the developer obtain a floodplain development permit from the
City of Kalispell for this road or any other work done in the 100 year floodplain
area.
Access: Access to the subdivision is proposed from two new subdivision roads off
Three Mile Drive. The roadway to the west incorporates an existing driveway into
the new roadway that is partially located on adjoining property. The developer
will need to obtain an easement from the property owner that grants him the
ability to develop the road to City standards and public use. Currently there is a
lack of pedestrian access along Three Mile Drive. This is a rather narrow State
secondary highway that is maintained by Flathead County. Other subdivisions
that have gone in in the area have been required to establish pedestrian access
along Three Mile Drive with the anticipation that these walkways will eventually
connect. The improvements have been made on an incremental basis and this is
another segment that is needed. Staff would recommend that a pedestrian access
along this roadway be coordinated with the Public Works Department, Parks and
Recreation Department, Flathead County and the Montana Department of
Transportation. A 20-foot landscape buffer is indicated on the preliminary plat
which should be used to incorporate a bike and pedestrian trail as well as
buffering in the form of berming or landscaping or both for health and safety
purposes.
B. Effects on Wildlife and Wildlife Habitat: This property has some significant
topography and vegetation related to the creek which runs through the site. It
appears that may provide habitat to birds and occasional deer may visit the site,
however, this area does not appear to provide significant habitat for wildlife.
C. Effects on the Natural Environment:
Surface and groundwater: This subdivision will be served by public water and
sewer thereby minimizing any potential impacts to the groundwater. Bowser
Spring Creek runs through this property and could be significantly impacted by
the proposed development and construction. Although an improvement from the
61
previous proposal, there are several townhouses proposed to be placed along the
riparian corridor and within an established vegetation line. Specifically, Lots 14A
and B, 15A and B, 16A and B which should be reconfigured into single family lots
which would be more appropriate because of their proximity to the single family
residential neighborhood to the south as well as reducing impacts to the
established vegetation line.
These areas are shown as being located in the 100 year floodplain which may or
may not be accurate. The floodplain study will establish a base flood elevation
and no lots or structures can be located in the 100 year floodplain. However,
even if it is determined that the vegetation line is outside the 100 year floodplain
area, staff would recommend that structures along the established vegetation line
be setback a minimum of 20 feet. Best management practices should be taken
when working along this drainage and the developer should contact the Flathead
Conservation District, the Montana Department of Natural Resources and the
Montana Department of Environmental Quality regarding any permits that may
be required.
Dr ina e: This site has significant topography and may pose some challenges to
site drainage and preserving the natural environmental amenities found on the
site. There is a large area that acts as a natural drainage area that is located near
the northern portion of the site that is indicated as a stormwater retention area.
This appears to be an overflow area for the creek and makes it an obvious choice
for storing storm water. Curbs and gutters will be installed and a storm drain
management plan will have to be developed to address the runoff from the site.
There is no City storm drain system in the immediate area and storm water will
have to be managed using on -site retention methods as part of an engineered
storm water management plan. The drainage plan will have to comply with the
City of Kalispell's standards and State standards and will be required to be
designed by a professional engineer.
D. Effects on Local Services:
Dater: Water service to the subdivision would be provided by the City of Kalispell
and extended from a water main that lies to the west of this subdivision along
Three Mile Drive. The water main would be extended from its current location to
the subdivision and through private property to the east. An easement will be
required to be obtained from this property owner that allows the development of
the proposed 60 foot right of way for road and utility extension purposes and
ultimately dedicated to the City of Kalispell for public use. The water main would
be extended through the subdivision. It is uncertain at this juncture when the
water loop connection for the subdivision may be required since it will depend on
the fire flows that can be obtained and whether they will meet the requirements of
the Uniform Fire Code and whether or not the subdivision is phased. The water
system for the subdivision will be reviewed and approved by the Kalispell Public
Works Department and the Kalispell Fire Department as part of the development
of the subdivision. There is adequate capacity within the City's water system to
accommodate this development.
Sewer: Sewer service will be provided by the City of Kalispell with an extension of
existing sewer mains from their existing location within the Three Mile Drive
right-of-=uay. The utility would likely also be extended through private property to
6
the east along with the development of the roadway. An easement will be required
to be obtained from this property owner that grants permission to develop the
road and utilities within this proposed 60 foot right of way and ultimate
dedication to the City of Kalispell. Design and construction of the mains will be
reviewed and approved by the Kalispell Public Works Department. There is
adequate capacity within the sewage treatment plan to accommodate this
development.
Roads: Traffic projections for this subdivision are estimated to be approximately
980 additional individual vehicle trips per day based on the estimate of 10 vehicle
trips per residence per day in the area onto Three Mile Drive. The subdivision
roads will be constructed to City standards and would include curb, gutter,
sidewalks and landscape boulevards within the subdivision. The two new internal
subdivision roads will access directly onto Three Mile Drive. Because of
topographical challenges there is no practical way to connect these roads.
Additionally because of the number of lots within the subdivision, the Uniform
Fire Code and the Kalispell Subdivision Regulations require secondary access
from the subdivision.
Overall there will be moderate impacts to Three Mile Drive as a result of this
subdivision. Three Mile Drive is a paved, two lane State secondary roadway that
is in fair condition. In 1997 the daily average vehicle trips east of Stillwater Road
was 3,064. At some point, consideration will need to be given to the upgrading
and widening of Three Mile Drive as development continues to occur in the area.
Impacts to Three Mile Drive are incrementally increasing. However, with no
funding currently available for the upgrade of secondary State highways at either
the state or local level, no improvements to the Three Mile Drive area are
anticipated. Additionally, because there are no development impact fees assessed
by the City of Kalispell, Flathead County or the State of Montana, the impacts to
the road will continue to be felt. Typically this would be the responsibility of the
State with regard to design, funding and construction. Three Mile Drive in this
area is over 100 feet in width and would not require the reservation of any
additional right-of-way for future expansion.
Schools: This development is within the boundaries of the Kalispell School
District #5 and West Valley School. The school district could anticipate that an
additional 40 school aged children might be generated into the district at full
build out. This number is used because it takes into account pre-school aged
children, home school education options and private school education option.
Not all of the children who live in the subdivision will be attending public schools.
This would have a potentially significant impact on the district, particularly on a
cumulative level with other developments pending within the district - both urban
and rural particularly with high school -aged students.
Parks and Open Space.: The state and local subdivision regulations have parkland
/ open space requirements for major subdivisions in the amount of 11 percent or
one -ninth of the area proposed for the development. The area in lots is 10.186
acres generating a requirement for a minimum of 1.12 acres in park area. The
developer proposes to establish a homeowners park that incorporates large
portions of the floodplain area along with the creek. This area is a natural
amenity for the subdivision and is generally in an unbuildable area which
provides more than adequate park area for the subdivision. Pedestrian access is
planned with a walking trail through the park area along the creek and the
proximity of the park areas to the road makes access easy. The portion of the
park area will need to be developed with some amenities such a picnic area,
irrigation and landscaping so that it provides a recreational amenity. A plan for
development and maintenance of the park area needs to be coordinated with the
Kalispell Parks and Recreation Department. The park will be privately owned and
maintained by the homeowners association and will not be available for use by
the general public.
Police: This subdivision would be in the jurisdiction of the City of Kalispell Police
Department once annexed to the city. The department can adequately provide
service to this subdivision, however the cumulative impacts of growth within the
city further strains the departments ability to continue to provide the high level of
service the department is committed to.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department once annexed to the city, and the subdivision will be required to
comply with the Uniform Fire Code. The fire department will review and approve
the secondary access to the site if required during interim phasing, the number
and location of hydrants within the subdivision as well as fire flows for
compliance with applicable fire codes. Although fire risk is low because of good
access and fairly level terrain, the fire department is recommending that access to
the subdivision and the hydrants are in place prior to final plat approval and / or
use of combustible materials in construction. Additionally, the developer should
work with the fire department to insure that access can be provided to the
existing house and outbuildings.
Solid Waste: Solid waste will be handled by the City of Kalispell and taken to the
Flathead County Landfill. There is sufficient capacity within the landfill to
accommodate this additional solid waste generated from this subdivision.
Medical Service-: Ambulance service is available from the fire department and
ALERT helicopter service. Kalispell Regional Hospital is close, less than three
miles from the site.
E. Effects on Agriculture and agricultural water user facilities: The site has been
traditionally used for very limited agricultural purposes, primarily grazing and is
more efficiently and effectively used for urban residential development. Its
location and its proximity to urban services makes this property suited for urban
scale development. There will be relatively little impact on agricultural uses
within the Valley and no impact on agricultural water user facilities since this
property will be served by a public water system.
F. Relation to the Kalispell Growth Policy: This property is in the Kalispell
Growth Policy's potential utility service area and is anticipated for this type of
urban scale development at the time of connection to City utilities. The future
land use map for the area indicates this area is anticipated to be developed as
Suburban Residential. Areas designated as Suburban Residential are anticipated
to be served by community water and sewer and have good access to services and
public facilities. This land use designation anticipates a density of up to four
8
dwelling units per acre and the requested R-2 / PUD zoning for the site has an
overall maximum density of approximately four dwelling units per acre. This
subdivision is in compliance with the Kalispell Growth Policy and its goals and
policies.
G. Compliance with Zoning: This property has been proposed to be zoned R-2, a
Single Family Residential district with a PUD overlay. A complete report on the
zoning for the property and deviation from the strict R-2 zoning standards is fully
detailed in the companion report KA-04-11 / KPUD-04-5.
H. Compliance with the Kalispell Subdivision Regulations: This subdivision
proposed lots that are accessed via an internal roadway that is privately owned
and maintained. The PUD mechanism provides the flexibility in creating these
lots without the need for an application for a formal variance to the subdivision
regulations. The internal private roadways will be required to comply with the fire
access standards of the Uniform Fire Code and will be privately owned and'
maintained by the homeowners association for the subdivision.
Staff recommends that the Kalispell City -County Planning Board adopt staff report KPP-
04-8 as findings of fact and recommend to the Kalispell City Council that preliminary
plat for the subdivision be approved subject to the following conditions:
1. That the development of the site shall be in substantial compliance with application
submitted, the site plan, materials and other specifications as well as anv additional
conditions associated with the PUD as approved by the city council. (Kalispell
Subdivision Regulations, Appendix C - Final PIat)
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)
8
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.
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).
IH
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
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 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)).
11
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).
REPORTS \KALISPELL\ KPP-04-8.DOC
MAW
12
Tri-City Planning Office MAY 0 5 M4
17 Second St East, Suite 211
Kalispell, MT 59901 TR-C P1ANWNG OFFICE
Phone: (4061 751-1850 Fax: (406) 751-1858
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION
KALISPELL X WHITEFISH COLUMBIA FALLS
FEE SCHEDULE: FEE ATTACHED $ 3 ,168 , 44
Major Subdivision (6 or more lots) $750 + $40/lot
Mobile Home Parks 8, Campgrounds (6 or more spaces) $750 + $40/space
Amended Preliminary Plat $250
Subdivision Variance
Commercial and Industrial Subdivision
SUBDIVISION NAME:
OWNERS) OF RECORD:
Bowser Creek Estates
Name Russell J. Purdv
$100 (per variance)
Add 8200 to base
preliminary plat fee
(406) 756-1632
Mailing Address 241 Commons Way
City Kalispell State MT Zip 59901
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
Name & Address Richard J. Swan, PLS, Thomas, Dean & Hoskins
Name & Address Michael W. Fraser PE Thomas, Dean & Hoskins
Name &
LEGAL DESCRIPTION OF PROPERTY:
Property Address 400 Three Mile Drive, Kalispell, MT
Assessor's Tract No(s) 0859800 Lot No(s) Tract 2
1/4 Sec NENE Section 11 Township 28N Range 22W
GENERAL DESCRIPTION OF SUBDIVISION:
Number of Lots or Rental Spaces 98 'Total Acreage in Subdivision 30.768
Total Acreage in Lots 17.0¢ Minimum Size of Lots or Spaces .042
Total Acreage in Streets or Roads 5.919 Maximum. Size of Lots or Spaces .500
Total Acreage in Parks, Open Spaces and/or Common Areas 7.139
1
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family 54 Townhouse 42 Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial 2 Industrial Planned tint Development
Condominium Multi -Family Other
APPLICABLE ZONING DESIGNATION & DISTRICT R-2 PUD Kalispell
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS $300,000.00
IMPROVEMENTS TO BE PROVIDED:
Roads: Gravel _Paved
X Curb _XGutter
X Sidewalks
X Alleys
Other
Water System: Individual
Multiple User
Neighborhood
_Public
X Other
Sewer System: Individual
_Multiple User
Neighborhood
_ Public
X Other
Other Utilities: Cable TV _X_Telephone
X
Electric
X Gas
X Other
Solid Waste: Home Pick Up
,Central Storage
Contract Hauler
X Owner Haul
Mail Delivery: Central X
Individual School
District: Kalispell School
District #5
Fire Protection: Hydrants _X
_Tanker Recharge
^ Fire District:
Citv of
Kalispell
Drainage System:
PROPOSED EROSION/SEDIMENTATION CONTROL: "Best Management" Practices
VARIANCES: ARE ANY VARIANCES REQUESTED? N0 (yes/no) If yes,
please complete the information below:
SECTION OF REGULATIONS CREATING HARDSHIP:
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE
WITH REGULATIONS
PROPOSED ALTiER2TATIVE'tSj TO STRICT COMPLIANCES WITH ABOVE
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW:
L Will the granting of the variance be detrimental to the public health, safety or
general welfare or injurious to other adjoining properties?
2. Will the variance cause a substantial increase in public costs?
3. Will the variance affect, in any manner, the provisions of any adopted zoning
regulations, Plaster Plan or Growth Policy?
4. Are there special circumstances related to the physical characteristics of the site
(topography, shape, etc.) that create the hardship?
D. What other conditions are unique to this property that create the need for a
variance?
3
APPLICATION CONTENTS:
The subdivider shall submit a complete application addressing items below to the Tri-
City Planning Office at least thirty five (31) days for Kalispell, and 45 days for Whitefish
and Columbia Falls prior to the date of the Planning Board meeting at which it will be
heard.
1. Preliminary plat application.
2. 20 copies of the preliminary plat.
3. One reproducible set of supplemental information. (See Appendix A of
Subdivision Regulations for the city where the subdivision is proposed.)
4. One reduced copy of the preliminary plat not to exceed I I" x IT' in size.
S. Application fee.
6. Adjoining Property Owners List (see example below):
Assessor# Sec-Twn-Rng Lot/Tract No Property Owner & Mailing Address
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be untrue, I understand that any
approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Tri-City Planning staff to be present
on the property for routine monitoring and inspection during the approval and
As approved by the TCPB, affective 03 J 15/04
^ _57 AQO`rr
(Date)
i
Fonn Na: 1342 (1982)
ALTA Plain Language Commitment
S T A M E R I
. � CA
First American Title Insurance Company
The Title Insurance Commitment is a legal contract between you and the company. It is issued to
show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against
certain risks to the land title, subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land
title or the transaction may affect the Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT.
TABLE OF CONTENTS
AGREEMENT TO ISSUE POLICY
SCHEDULE A
1. Commitment Date
2. Policies to be Issued, Amounts and Proposed Insureds
3. Interest in the Land and Owner
4. Description of the Land
SCHEDULE S-1 — Requirements
SCHEDULE B-2 — Exceptions
CONDITIONS
Page
1
2
2
2
2
3
4
other side of 1
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
If you have any questions about the Commitment, please contact the issuing office.
Form,No. 1343 (1982)
ALTA Piaio'Language Commitment
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
CITIZENS TITLE & ESCROW CO.
Yta °y� PA. Box 1310 (59903-1310)
704 South Main
Kalispell, MT 59901
Fa4: (4 6) 752-9617
0
Agent For
First Americas Title Insurance Company
AGREEMENT TO ISSUE POLICY
We agree to issue a policy to you according to the terms of this Commitment When we show the policy
amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Com-
mitment Date shown in Schedule A
If the Requirements shown in this Commitment have not been met within six months after the Commitment
Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the
Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A
The Requirements in Schedule B-1,
The Exceptions in Schedule B-2..
The Conditions on the other side of this page 1.
This Commitment is not valid without SCHEDULE A and Sections t and 2 of SCHEDULE B.
FirstAmezican Title Insurance Company
0 —7"1 4�� Z PRESIDENT
14- A SECRETARY
�fJ�/BLftMTEPBIGNED
Page 1
p 1st AMENDMENT
iOTE; THIS COI FIITiiENT REPLACES T ENT DATED June 30, 2003
at 8t00 A.,N. AND NULL AND VOIDS ANY PRIOR COIAI,,ITMENT ISSUED UNDER
THIS COriMITMENT NUtIEER.
Direct Inquiries To: LL
1. Commitment Date: November 11, 2003 at 8:00 A.M. Commitment No: CT-75585
2. Policy or Policies to be issued: Policy Amount
(a) Owners Policy Form No. 1402.92 (10-17-92) $ 380, 000. 00
Proposed Insured: Premium $ 1, 154. 00
Russell J. Purdy
(b) Loan Policy Form No. 1-1056.92 (10-17-92) $ 280, 000. 00
Proposed Insured: Premium $ 40. 00
Whitefish Credit Union
❑ (c) Purchaser's Policy Form No. 1402.92 (10-17-92) $
Proposed Insured: Premium $
g. Fee Simple interest in the land described in this Commitment is owned, at the
Commitment Date, by
Agnes M. ➢ors
4. The land referred to in this Commitment is described as follows:
See Attached Schedule C
13AA-A (IgRP) - FAd ALCT
No. CT-75585
SCHEDULE B - SECTION 1
REQUIREMENTS
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
(b) Pay us the premiums, fees and charges for the policy.
(c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed,
delivered and recorded:
(d) You must tell us in writing the name of anyone not referred to to this Commitment who will get an interest in the
land or who will make a loan on the land. We may then make additional requirements or exceptions.
(e) Release(s) or Reconveyance(s) of item(s)
(f) Other
(g) You must give us the following information:
1. Any off record leases, surveys, etc.
2. Statement(s) of identity, all parties,
3. Other
(a) if the land covered udder this commitment has a residence that is a
manufactured, modular or mobile home, with or without a permanent foundation,
proof of detitling is required, even if it is taxed as real property.
No. CT-75585
SCHEDULE S - SECTION 11
EXCEPTIONS
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction.
PART 1
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained
by an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct
survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are
shown by the public records.
6. Any liens, or rights to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
7. Any right, title or interest in any minerals, mineral rights or related matters including but not limited to oil, gas,
coal and other hydrocarbons.
8. General and special
FIRST INS`PALLMENT
SECOND INSTALLMENT
TOTAL
)TAX RECEIPT NO.
ASSESSOR NO.
AFFECTS
county taxes for the year 2003
$ 331.52 (PAID)
$ 331.52 (PAID)
$ 663.04
2003-00832
01 0859800
Premises and other property
9. Title is to vest in a person or persons not disclosed and when, so vested .oil)
be subject to matters disclosed by a search of the records against his or
their names.
/'10 . The effect of restrictions contained in Certificate of Subdivision Plat
Approval recorded with Certificate of Survey No. 15888, recorded November 11,
- 2003, as Doc. No. 2003-311-13010, records of Flathead County, Montana.
11.i Shared Private Road Access and Utility Easement as disclosed on Certificate of.
Survey No. 15888, records of Flathead County, Montana.
-Continued-
The following numbered exceptions 1-4 & 6 1ay be eliminated in an ALTA Extended Coverage Policy.
Rider attached to and forming a part of commitment number: cT-
Continuation of SCHEDULE-2- - sEcTi6N 1I
12. Asy claim arising from the difference in the mean low water line of the creek
and the meander line as shown by the Original Government Survey.
13. flight, title and interest of the State of Montana within the bed of the creel-,
below the low water line, and also excepting accretions water -ward on said
line.
14. Public right and easements for commerce, recreation, navigation and fishery.
THE END
44-051
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 (NE1/4NE1/4) of Section 1.1, 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 NEIANE1/4
South 04'51`41" West, 59.91 feet to a found iron Din 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 NE1/4,IE1/4
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 creels;
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 1I.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
KAMKALCT
EM . O
PIX Box W7 KafispA, Mwbm 599M
0 - G4 - & Fwq
Narda Wilson, Senior Planner
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, MT 59901
RE: Bowser Creek Estates
Dear Ms. Wilson,
1 �.
June 2, 2004
I am formally protesting the Bowser Creek Estates request.
This proposal was denied at a prior meeting by over-whelming Public
Input as well as denial by the Planning Board.
I find it repulsive that the developers address the major concern,
which is density, by simply reducing the density from 103 lots to 98 and
resubmitting the request.
This request is much, much too much! The density will cause
numerous concerns, and you as the Planning Board need to be responsive to
these concerns and problems. As well as listen to the Public input.
I urge you to deny this request, primarily because it is simply too
much development on the amount of land, in that location, at this time,
among other concerns.
Resc�fully„f f'J
REOLL R
25 West View Drive
Kalispell, MT
SITE DEVELOPMENT REVIEW COMMITTEE SUMMARY
Thursday, May 20, 2004
Building Department Conference Room
ATTENDING:
Jeff Clawson, Plans Examiner
Roger Krauss, Assistant Police Chief
Andrew Sorensen, Civil Engineer
Sandy Wheeler, Comm. Dev. Mgr.
Kathy Kuhlin, Recording Secretary
Craig Kerzman, Building Official
Jim Stewart, Fire Marshal
P. J. Sorensen, Zoning Administrator, Chair
Narda Wilson, 3CPO Planner
Guest: Jim Atkinson, Director, Flathead County Agency on Aging
OLD BUSINESS:
None.
NEW BUSINESS:
Appiewav Development— 96 unit apartment complex north of Appleway — south of
the Hampton Inn. They will have four 16-plex and four 8-plex units, and a future
clubhouse with a swimming pool. There is flood plain on the property, but the
buildings are probably not affected. They have a round -about coming in, two
accesses, and 251 parking spaces, but they forgot to put in any handicapped spaces.
The parking goes all around the complex, and there are several canopies over about
1/3 of the spaces. There are 96 units that would require 240 spaces and the clubhouse
would require more spaces. P. J. and Jeff will asked them to contact the Fair
Housing Bureau to be sure about the handicapped parking and apartments. The Fire
Department is okay with the meridian going into the complex by the roundabout as
there is another access. There will be two-way traffic all the way through. One of
the parking canopies is in the setback Mike Baker had earlier noted to P.J. that he
did not like the way the canopy in the front did not have a buffer. Curb, gutter,
sidewalks and a boulevard with trees would be required but are not shown on the
plans. The 16-plex units are 36' tall. Under the zoning regulations, there is some
question about the ability to have accessory structures in the front yard, and the
canopies would be considered as an accessory structure. The committee would like
some details on the canopies, but agree that they would break up the endless parking
area and would be visually appealing. We will need to see what the Fair Housing
Bureau says about the canopies re: allocation of parking spaces. We could require a
letter from the Fair Housing Bureau be submitted that states the project has been
reviewed and that it complies with their standards before the building permit is
issued. They need a better site plan. One of the buildings does not work for fire
access. They would have to provide another access, or make the building smaller, or
sprinkle the building. There are some slope issues in the NW area., but they could
take out three parking spaces to provide another access and then have that access go
to another parking area to provide more parking for the clubhouse. They could also
split the 16-plex buildings into 8-plexes with 10' between the building walls.
Planning Board Agenda -
--Bowser Creek— They would like to have this zoned R-2 instead ofR-3. They have
reduced the density, relocated the commercial to the west, added single family lots on
the east and west side of the road, put a loop road in, and eliminated a couple of
townhouses. They may be trying to do too much in one of the townhouse areas and
should consider only single family there. They shifted the road to the north outside
of the creek bed. They will only be putting in a pedestrian and bike path along Three
Mile Drive. They are planning on putting in a pedestrian walkway along the creek
but have noted gravel and we will recommend it be asphalt. They will need to
incorporate easements for access. They will be under a PUD and will be limited to
some definite issues; we should place certain limitations on the commercial lots.
There will be a recreation area in addition to several homeowners' parks (which are
more open space/drainage areas as opposed to recreational facilities). We will
require a 20' setback from the vegetation (tree) line. The units on the east side along
the cul-de-sac will be single story. Discussion was held regarding the R-2 versus the
R-3 zoning, primarily focused on the adjustments made through the PUD which
make the zoning match up more closely with R-3 rather than R-2. Narda asked for
all comments to be in writing and sent to her by e-mail, and she will put them in the
Planning Board packet. This project would be 98 units on 30 acres.
--Sandy and Larry Heuscher — This project is located to the west of Glacier
Commons and north of Buffalo Stage. Country Way is a private road. There is only
one access into the subdivision, and the Fire Department will need two accesses into
the single family area. Discussion was held regarding sublots/townhouses in the R-3
zone. There needs to be a meeting with Tom Jentz, Charlie Harball, Craig, P.J., and
Narda to discuss this issue.
--Suzie Burch — 1s'Avenue East — want R-4 zoning. This is an accessory dwelling.
There are three 25 ft lots on the east side of the street. Parking/access to the new
structure will be through the alley. They will need to bind the lots together.
--Tim Knoll — cast of Denver and north of Bluestone -about an acre with a house.
He has submitted an application for annexation.
— Lisa and Barbara Price — West side of Center, south of Meridian Business Park.
They are requesting to be annexed and would like B-1 zoning. The garage on the
north would need to be taken down in order to do anything.
OTHER DISCUSSION:
Shamrock Catering n/k/a Kitchen to Kitchen —the old Meat Supply building—P.J.
sent a letter to Brian McGuire regarding the parking lot. P. J. has not received any
real response other than questioning of the validity of the requirement that he pave
the lot. P.J. sent another letter with the explanation and then he will send it to
Charlie if no response within the allotted time. The drainage and the slope in the
sidewalk issues are still not resolved. The Fire Department has no site issues, but
there are other site issues. PJ will pass this matter on to Charlie.
Town Pump — Craig checked other projects, including City projects, and discovered
that rock is being used as a landscape material all over town. He believes that since
this is the case, that we should not be telling the Town Pump that they cannot use
rock. Discussion was held as to the use of rock in landscaping areas. This will be
further discussed when Mike Baker is present. Public Works received a call
regarding a drain that Town Pump is presently using. They discovered that this drain
did not exist before, and may drain into "nothing". Public Works will be doing some
research on this.
Michael Blend — SingIe family project — The City water line there is not a legal Tine,
so he will be putting in a well. Their water connection fee will need to be refunded.
WalEreen's—Public Works said Walgreen's is not getting credit for a 1'/2. They will
add some language to clarify this.
Aaron Hill — from Flathead Industries — Jim Stewart spoke with him. They want to
turn a house into a group home. This is just a "heads up". Fire Inspector F. Ray
Ruffatto will be following up on this.
The meeting was adjourned at 11:55 a.m.
cc: Chris
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VICINITY MAP
RUSSELL J. PURDY
PRELIMINARY PLAT "BOWSER CREEK ESTATES"
1) IVT S I
A 98 LOT MIXED USE SUBDIVISION ON 30.-,168 ACRES
T
2COMMERCIA1. LOTS, 54 SINGLE FAMILY & 42 TOWNHOUSE LOTS
TILED CONCURRENTLY WIT H ANNEXATION, INITIAL
ZONING & PLANNED UNIT DEVELOPMENT (?TT D, APPLICATION
�TT - I Tll-,� TI, PLOT DATE.: Y1111/1041
PRELIMINARY PLAT OF
BOWSER CREEK ESTATES
LOCATED IN THE NORTHEAST QUARTER OF_
THE NORTHEAST QUARTER OF SECTION 11,
TOWNSHIP 28 NORTH, RANGE 22 WEST,
_ P.M.M., FLATHEAD COUNTY, MONTANA.
LOT AND ROAD LAYOUT
o
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-00pL4�ti '._
TGTAL
SUBDIVISION SUMMARY
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PRELIMINAR`- -- -- --
BOWSER CRE
LOCATED IN THE NORT
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TOWNSHIP 28 NORTF
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TOPOGRAPHY, R(
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PRELIMINARY PLAT OF
e n BOWSER CREEK ESTATES
LOCATED IN THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 11,
TOWNSHIP 28 NORTH, RANGE 22 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
PHASING, FLOODPLAIN,
TRAFFIC FLOW 8. DETAILS
1a.L R.o sKTlax
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- -LEGENDS
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THREE MILE DRIVE
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SHEET 3 OF 3