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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 Police Bldg Fire 3CPO Parks Comm. Dev. Public Works FCAOA MDOT 4 41) Property 133 SAG-5- limits 4C 0 11% -80 2 3AB Mw city limits 9-28-22Itt ,1 I! I 3A 3 3c 3ADf I , J' I 3CA 13 12 f I la 9 3 3 11 '35, a,! 2JBB, 6- ; 24 7 �37 25 18 1 1--- 2 J, 2JA 23 26 7 2A 6 6 7 17 23 ED� [7 5 3 5 ♦ 7, 14 2AD ,19 41 14 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 IuAI' > a e -00pL4�ti '._ TGTAL SUBDIVISION SUMMARY sir —ILLI zn THREE MILE DRIVE na Ito T .1.11 „;9 p 2L AC e.... w o ..�Ew E . R��e o.oir,np 6 E SHEET 1 OF 3 PRELIMINAR`- -- -- -- BOWSER CRE LOCATED IN THE NORT THE NORTHEAST QUAF TOWNSHIP 28 NORTF P.M.M., FLATHEAD Cl TOPOGRAPHY, R( LEGEND N e o a _ : 1 E-E 1 ami.c nuse� 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 V, — eEEwVE HELDINLET DETAIL - -LEGENDS T-1 I'- ­.. ,.� mom,"­.- THREE MILE DRIVE F- SHEET 3 OF 3