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Staff Report/Phase 2A Preliminary PlatBlue Heron Estates Pbase 2A Preliminary Plat July 12, 2005 Page 2 Respectfully submitted, Narda A. Wilson, Senior Planner Report compiled: July 12, 2005 Jazx�es I' ck City Manager Attachments: Transmittal letter Exhibit A Staff report #KPP-05-8 and application materials Minutes 5 / 21 / 05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk Applicants RESOLUTION NO.5026 A RESOLUTION APPROVING CERTAIN REVISIONS TO THE PRELIMINARY PLAT "-r DLUE HERON ESTATES rHASE 2A, M"V E PARTIi ULARi,Y DESCic DVAJ AS LOTS 2, 3, 4 AND 26 OF BLUE HERON ESTATES LOCATED IN SECTION 131, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, the City Council of the City of Kalispell passed Resolution 4784 on May 5, 2003, approving the preliminary plat for Blue Heron Estates Subdivision, subject to certain conditions, and WHEREAS, the Developer now desires to make certain revisions to the preliminary plat, namely, creating four townhouse lots from four single family lots, and WHEREAS, these revisions are considered to be major revisions to the preliminary plat and therefore necessitated the project going before the Kalispell City Planning Board for a second time, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on June 13, 2005, on the proposal and reviewed Subdivision Report #KPP-05-8 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the amendment of the Preliminary Plat of Blue Heron Phase 2A, subject to certain amended conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July l8, 2005, reviewed the Tri-City Planning Office Report #KPP-05-8, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the evidence, that the amendment to the Preliminary Plat is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Findings of Fact contained in Tri-City Planning Office Report KPP-05-8 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Charles and Mickey Lapp for amendment of the Preliminary Plat of Blue Heron Subdivision, Phase 2A, Kalispell, Flathead County, Montana is hereby approved subject to the following amended conditions: 1. That the development of the site shall be in substantial compliance with application submitted, the site plan, covenants, elevation drawings, materials and other specifications as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. Pedestrian access shall be developed along Three Mile Drive along the southern boundary of Lots I and 25, Phase I of Blue Heron Estates prior to the issuance of a building permit for these 1 lott s. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 4. That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). SECTION HI. 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 18TH DAY OF JULY, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk City ofKalispell Planning Department 17 - 2"d S-treet East, Suite 211 Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-185 8 Website: kalispellplanning.com July 12, 2005 Jaynes H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Preliminary Plat for Blue Heron Estates Phase 2A Dear Jim: The Kalispell City Planning Board met on June 21, 2005 and held a public hearing to consider a request by Charles and Mickey Lapp for preliminary plat approval that converts four single family residential lots within the Blue Heron Estates subdivision to four two -unit townhouse lots for a total of eight sublots on 1.018 acres. This preliminary plat is a follow-up to the granting of a conditional use permit to convert these single family lots to two -unit townhouse lots. The conditional use permit was granted by the Kalispell City Council on April 4, 2005 after having gone before the Kalispell Planning Board on March 8, 2005. The properties are located north of Three Mile Drive and west of Stillwater Road. Narda Wilson of the Kalispell Planning Department, presented staff report #KPP-05-8 evaluated the proposal. She noted this preliminary plat is a follow-up to the conditional use permit that was previously granted by the city council and the conditions are the same for both. At the public hearing Charles Lapp spoke in favor of the proposal stating they have been working on this project for about three years and are also working with the developer to the east to develop a park. A neighbor to the north of the proposed lots spoke in opposition stating she has concerns about privacy. After the public hearing the board discussed the proposal and the street trees along the roadway that would help to provide buffering, screening and privacy. A motion was made which passed unanimously to recommend approval of the preliminary plat to the Kalispell City Council subject to conditions. Please schedule this matter for the July 18, 2005 regular Kalispell City Council meeting. You may contact this board or Narda Wilson at the Kalispell Planning Department if you have any questions regarding this matter. Blue Heron Estates Phase 2A duly 12, 2005 Page 2 GT/NW/ma Attachments: Exhibit A Staff report #KPP-05-8 and application materials Minutes 6 / 21 / 05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Charles & Mickey Lapp, 3230 Columbia Falls Stage Rd, Columbia Fails, MT 59912 Paul J. Stokes & Assoc., 322 2nd Ave W., Suite B, Kalispell, MT 59901 Slue Heron Estates Phase 2A July 12, 2005 Page 3 EXHIBIT A BLUE HERON ESTATES PRELIMINARY PLAT CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD JUNE 21, 2005 The Kalispell City Planning Board recommends to the Kalispell City Council that the preliminary plat be approved subject to the following conditions: That the development of the site shall be in substantial compliance with application submitted, the site plan, covenants, elevation drawings, materials and other specifications as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. Pedestrian access shall be developed along Three Mile Drive along the southern boundary of Lots 1 and 25, Phase 1 of Blue Heron Estates prior to the issuance of a building permit for these lots. 3. All areas disturbed during development of the subdivision shall be re -vegetated with a weed --free mix immediately after development. 4. That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section. 2.04). BLUE HERON ESTATES PHASE 2A REQUEST FOR PRELIMINARY PLAT APPROVAL TRI-CITY PLANNING OFFICE STAFF REPORT #KPP-05-8 .TUNE 13, 2005 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for an amended preliminary plat to convert four single family lots into four two unit townhouse lots in an R-2 residential zone. A public hearing to review this request has been scheduled before the planning board on June 21, 2005, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. BACKGROUND INFORMATION; A. Petitioner/ Owner: Charles and Mickey Lapp 3230 Columbia Falls Stage Road Columbia Falls, MT 59912 (406) 752-0123 Paul J. Stokes and Associates 322 Second Avenue West, Suite B Kalispell, MT 59901 (406) 755-8707 B. Location and Legal Description of Property: The property is located west of the northwest corner of Three Mile Drive and Stillwater Road. The lots lie on the west side of the entrance road, Blue Crest Drive, to Blue Heron Estates Subdivision on the north side of Three Mile Drive. The property can be described as Lot 2, 3, 4, and 26 Blue Heron. Estates located in Section 13, Township 28 forth, Range 22 West, P.M.M., Flathead County, Montana. C. Nature of Request: This is a request for preliminary plat approval of four lots intended for two unit townhouses for a total of eight dwellings on approximately 1.018 acres. This preliminary plat is a follow-up to the granting of a conditional use permit to convert these single family lots to two unit townhouse lots. The conditional use permit was granted by the Kalispell City Council on April 4, 2005 after having gone before the Kalispell Planning Board on March 8, 2005. The conditional use permit was granted subject to conditions. Those specific conditions have been incorporated into this report. D. Size: Total Area: Total Lot Area in Lots: Maximum Lot Area: Minimum Lot Area: Area in Roads: Park: 1.018 acres 1.018 acres 0.128 of an acre 0.126 of an acre None None E. Existing Land Use: This property is currently undeveloped and in part of the Blue Heron Estates Subdivision that is currently under construction. F. Adjacent Land Uses and Zoning: The property lies in an area of Kalispell that has experienced rapid growth and expansion because of the availability of municipal water and sewer. There are several developing subdivisions in the immediate area that are similar in size and housing type. North: Single family residences in Blue Heron, City R-2 zoning East: Search and Rescue building, County AG-80 West Valley Overlay (WVO) South: Undeveloped Bowser Creek Estates, City R-2 / PUD West: Undeveloped Cottonwood Park, City R-3 zoning G. General Land Use Character: This is an area in transition and it lies on the western fringes of the city limits. It can be described generally as an area in transition, from suburban residential to urban residential with several subdivisions in the immediate area that are generally a mix of single family and two unit tov,nhome lots similar in size to those being proposed. H. Zoning: Blue Heron Subdivision was zoned R-2, Single Family Residential, at the time it was annexed into the city and Blue Heron Estates was given preliminary plat approval. The R-2 zoning designation has a minimum lot size requirement of 9,600 square feet and is generally limited to single family detached houses, except as otherwise provided under the zoning ordinance, i.e. a conditional use permit for townhouses or other non-residential uses listed in the district. I. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Northwest Enemy Company Electric: Flathead Electric Cooperative Phone: CenturyTel Police: City of Kalispell Fire: Kalispell Fire Department Schools: West Valley School District and School District #5, Kalispell J. Growth Policy Plan Designation: The Kalispell City Growth Policy designates this area as Suburban Residential and anticipates four dwelling units per acre. Blue Heron Estates Phase 1 has a density of approximately three dwellings per acre. The overall density of Blue Heron with the inclusion of the four additional townhouse lots will be approximately 3.44 dwelling units per acre. This includes the initial 25 lots plus an additional 8 lots for a total. of 33 lots on 9.305 acres is 3.55 dwelling units per acre. The proposal is in substantial compliance with the growth policy's anticipated density and also furthers the goals and policies of the growth policy by encouraging a diversity of housing options in the community. COMMENTS FROM THE SITE DEVELOPMENT REVIEW COMMITTEE X This matter carve before the Site Development Review Committee and there was general support for the conversion to townhouses. No additional infrastructure or other additional conditions were recommended as a result of the additional density being added to the subdivision. It was noted that the lot near the entrance of the subdivision was left as single family since the city council approved the conversion of four lots rather than the five lots initially requested in the conditional use permit application. There was also some discussion regarding the development of the park area to the east in conjunction with the Cottonwood Park Subdivision recently approved. REVIEW AND FINDINGS OF FACE' 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. The property can be considered to be a low risk of fire because the subdivision and buildings within the subdivision would be constructed in accordance with the International Building Code and have access which meets City standards. All of the buildings and necessary improvements will be constructed to City standards. The property does not have steep slopes or woody fuels. Hydrants will be required to be placed in compliance with the requirements of the International Fire Code and approved by the fire chief. The fire access and fire flows will need to be approved by the fire department prior to combustible construction taking place. Flooding: There are environmental constraints associated with the 100 year floodplain that lies to the east of this site along the western boundary of Blue Heron Estates subdivision. This area was previously designated as a park. A flood study recently accepted by FEMA has delineated a flood area narrower than that which was initially indicated on the flood maps for the area. The park to the east is in the floodplain and also assists in stormwater management for the subdivision. This area will be left in a natural state. With the floodplain issue aside, there are no other significant environmental constraints associated with the property that would need to be mitigated. Access: Access to the lots is good with Blue Crest Drive being a new City street that has been constructed to current City standards with curb, gutter, sidewalks, boulevard and a paved 28 foot wide roadway. As part of this phase a new access onto Three Mile Drive was developed with oversight from the Montana Department of Transportation, the Flathead County Road Department and the City of Kalispell Public Works Department. Pedestrian access needs to be developed along Three Mile Drive either within the existing public right-of-way or within an easement along existing Lots 1 and 25. Pedestrian access will need to be coordinated with the Montana Department of Transportation. There are no other access issues which need to be addressed as part of this permit. 3 B. Effects on Wildlife and Wildlife Habitat: This property is generally level with a very gentle slope to the west. Although there is floodplain to the west of the subdivision., this property does not provide important wildlife habitat other than perhaps some birds who would be attracted to the wetland / floodplain. 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. Spring Creek drainages lies to the west and to the south which will not be impacted by this development. Drainage: This site is relatively level and does not pose any unusual challenges to site drainage. A stormwater management plan has been developed for the subdivision as part of the previous development of the Blue Heron Subdivision Phases 1 and 2. Part of the retention area for the subdivision lies to the west in the park area that is also in the 100 year floodplain. This was previously approved by the City of Kalispell's Public Works Department. D. Effects on Local Services: Water and Sewer: Water and sewer service to the subdivision would be provided by the City of Kalispell and service lines would be taken from existing mains that he in Blue Crest Drive to the west of these lots. These lines were put in place as part of the development of the Blue Heron Subdivision Phase 1. No new water or sewer mains will be required by converting these lots from single family lots to two unit townhouse lots. The hydrants in the subdivision have been reviewed and approved by the City for placement, spacing and fire flows. Roads: Overall there will be minimal additional impacts to the roads in the area as a result of the addition of these four lots to the area. Access to the lots is onto Blue Crest Drive, a new City street that was put in with Blue Heron Subdivision Phase 1. This roadway accesses directly onto Three Mile Drive, a minor arterial in the City's urban street system. There will be insignificant additional traffic generated onto Three Mile Drive as a result of this subdivision. Schools: This development is within the boundaries of West Valley School District and Kalispell's School District 5. There will be minimal impacts to the school districts with an anticipated 2 additional school aged children that might be added to the district's enrollment as a result of this subdivision. Parks and Open S ace: There are parkland dedication requirements associated with major subdivisions in the amount of 11 percent of the area in lots. The area in lots for Blue Heron Subdivision was not changed as a result of this subdivision. Therefore, the parkland dedication requirements for these lots were previously met in the Blue Heron Subdivision preliminary plat conditions of approval. There is a park area that lies immediately to the north of these lots and an additional park area that lies further to the north within the subdivision. Additionally, there is an approximately 1.5 acre City park that lies to the east in Empire Estates subdivision. 4 Police: This subdivision is in the jurisdiction of the City of Kalispell Police Department. The department can adequately provide service to this subdivision, however the cumulative impacts of growth within the city further strains the department's ability to continue to provide the high level of service the department is conunitted to. Fire Protection: Fire protection services are provided by the Kalispell Fire Department, and the subdivision will need to meet the requirements of the International Fire Code. Water mains will need to be designed to provide minimum fire flows and installed per City specifications at approved locations. Infrastructure shall be designed to meet the fire flow requirements of the International Fire Code (2003) Appendix B, and fire hydrants delivering the required fire flow shall be provided prior to combustible construction. Hydrants shall be installed in accordance with City standards at locations approved by this department. Additionally approved fire department access shall be provided to ensure adequate vehicle ingress/egress. Street naming and addressing must be approved by the fire department and the public works department. Solid Waste: Solid waste will be handled by a private hauler and taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Hospital is close, less than two miles from the site. E. Effects on Agriculture and agricultural, water user facilities. The site has limited use for agriculture. The land is efficiently and effectively being used for urban residential development. Its location within the planning jurisdiction and its proximity to urban services makes this appropriate for the type of development being proposed. There will be no 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 potential utility service area and is anticipated to develop as Urban Residential. This designation anticipates up to four dwelling units per acre. With the addition of these four lots to the Blue Heron Subdivision it creates 33 lots on approximately 9.305 acres resulting in an overall density of 3.55 dwellings per acre. The proposed development is in compliance with the anticipated uses and development of the growth policy. G. Compliance with Zoning: This property has been zoned R-2, Single Family Residential. The R-2 zoning designation has a minimum lot size requirement of 9,600 square feet and is generally limited to single family detached houses, except as otherwise provided under the zoning ordinance, i.e. a conditional use permit for townhouses or other non-residential uses listed in the district. 5 H. Compliance with the Subdivision Regulations: The proposed subdivision complies with the Kalispell Subdivision Regulations and the applicants are not requesting any variances to the subdivision regulations. RECOMMENDATION Staff recommends that the Kalispell City Planning Board adopt staff report #KPP-05-8 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the following conditions: That the development of the site shall be in substantial compliance with application submitted, the site plan., covenants, elevation drawings, materials and other specifications as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. Pedestrian access shall be developed along Three Mile Drive along the southern boundary of Lots 1 and 25, Phase 1 of Blue Heron Estates prior to the issuance of a building permit for these lots. 3. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 4. That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section. 2.04). REPORT'S \...KALISPE\... \KPP-05-7 6 MAJOR SUBDIVISION PRELIMINARY PLAT APPROVAL Tri-City Planning Office, 17 Second St East, Suite 211 Kalispell, Montana 59901 Phone: (406)751-1850 Fans: (406)751-1858 A AJOR SUBDIVISION PRELIMINARY PLAT APPROVAL RALISPELL--),/— WHITEFISH COLUMBIA FALLS FEE SCHEDULE: Major Subdivision (6 or more lots) $750 + $40/lot Mobile Home Parks & Campgrounds (6 or more spaces) $750 + $40/space Amended Preliminary Plat $250 Subdivision Variance $100 (per variance) Commercial and industrial Subdivision Add $200 to base preliminary plat fee NAME: Blue Heron Estates Phase 2A OWNER(S) OF RECORD: Name Charles and Mickey Lapp Phone 406-892-5757 ... AAA--- Irl'In ., ii''.�.i10 Q+.,.ro 17,,.�.d XYl CL4.,t,►jxFll,ic�.LJs VL+VL LrV1L.CiE11J10. S'GLLLw7 wJ I.Gi L 3\VGIK City Columbia Falls State Montana Zip 59912 TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name & Address Sands Suryndng 2 Village Loo Kalil ell MT 59801 755-6481 Name & Address P.J. Sokes and Associates ,Inc. Consultinsz Engineers 322 2nd Ave. W. Suite B,_Kalispell,_MT 59801 755-8707 LEGAL DISCRIPTION OF PROPERTY: City/County Kalispell, Montana / Flathead County - Street Address Lots 2 3 4 26 on Blue Crest Drive Assessor's Tract No(s) 0009357 0008016 0008015 0008014 Lot No(s) 2Q,4,26 SE 1 / 4 SE 1 / 4 Section. 2 Township 28N Range 22 W GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces 8 Total Acreage in Subdivision 1.018 Total Acreage in Lots 1.018 Minimum. Size of Lots or Spaces _ .126 acres Total Acreage in Streets or Roads N A Maximum Size of Lots or Spaces.128 acres Total Acreage in Parks, Open Spaces and/or Common Areas See Blue Heron Esates Final Plat PROPOSED USES) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family x Townhouse S Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other APPLICABLE ZONING DESIGNATION & DISTRICT R-2 CUP ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS $ 160,000 IMPROVEMENTS TO BE PROVIDED: Roads: Gravel x Paved x Curb z Gutter x Sidewalks Alleys Other Water System: Individual Multiple User Neighborhood x Public Other Sewer System: Individual Multiple User Neighborhood x Public Other Other Utilities: xCable TV x Telephone x Electric x Gas Other Solid Waste: x Home Pick Up Central Storage Contract Hauler Owner Haul Mail Delivery: x Central Individual School District: Fire Protection x Hydrants Tanker Recharge x Fire District: Kalispell City Drainage System: Gutters and storm drain e PROPOSED EROSION/SEDIMENTATION CONTROL: Best Management Practices as per Montana Erosion Sediment Control Manual VARIANCES: ARE ANY VARL4,NCES REQUESTED? No If yes, please complete the information. below: EX LAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE OF REGULATIONS: 2 PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW: Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? none applicable 2. Will the variance cause a substantial increase in public costs? none applicable 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations or Master Plan? none applicable 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? none a-onlicable What other conditions are unique to this property that create the need for a variance? 3 APPLICATION CONTFAM: The subdivider shall submit a complete application addressing items below to the Tri- City Planning Office at least thirty (30) days prior to the date of the meeting at which it will be heard. 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 11" x 17" in size. 5. Application fee. 6. Adjoining Property Owners Dist (see example below): Asses# Sec-tat/Txect No- Pzopprty Owner & Nailing Address 009357 2-28N-22W hots 2,3,4,26 Charles and Mieke La 0008016 3230 ColumbiaFalls Stage Rd 0008015 Columiba Falls MT 59912 0008014 1 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 nthar infnrmnfinn c»hrnittori ac n nnr+ of +}aim +n Asa +rsvrw r+nmrin+o rirl .......... ............�....«—....� ...�........�,........,. ..... ... t..w .. ,.i .....�v aw.r�..ia..u..aysa, .... ... a. ,s 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 development prbcess. (Applit) (Date) As approved by the TCPB on 12/ 19/01 Effective 1/ 1 /02 E. City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Charles and Mickey Lapp 3230 Columbia Falls Stage Road Kalispell, MT 59901 LEGAL DESCRIPTION: Lots 1-4 and 23-25 and the Park in Phase 1, and Lot 26 of Phase 2, Blue Heron Estates Subdivision, located in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana ZONE: Single Family Residential, R-2 The applicant has applied to the City of Kalispell .for a conditional use permit to convert five single family lots to five two -unit townhouse lots in the Blue Heron Estates Subdivision. Townhouses are conditionally permitted in the R-2 zone subject to certain provisions, including density limitations. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on March 8, 2005, held a public hearing on the application, took public comment and recommended that the application be approved subject to five conditions. After reviewing the application, the record, the TCPO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Tri-City Planning Office, Conditional Use Report #KCU-05-3 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the conversion of single family lots to two unit townhouse lots in the Blue Heron Estates Subdivision in an R-2, Single Family Residential zoning district subject to the following conditions: 1. The proposal will be developed in substantial conformance with the approved site plan and other application materials except as otherwise modified by the conditions listed below. 2. The density shall be reduced within the subdivision by leaving one of the lots intended for conversion to two sublots as a single family lot. To wit, four of the five lots can be developed with two unit townhouses thereby creating a total of four single family lots and four two unit townhouse lots for a total of eight sublots and 12 lots total. 3. A preliminary plat shall be filed and taken before the planning board for major subdivision review that amends the four single family lots into eight sublots. 4. Pedestrian access shall be developed along Three Mile Drive along the southern boundary of Lots 1 and 25, Phase 1 of Blue Heron Estates prior to the issuance of a building permit for these lots. 5. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void_ A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. Dated this 4th day of April, 2005 STATE OF MONTANA ss County of Flathead r� Pamela B. Kennedy 1 Mayor -<iJ On this , day of 4, 2005 before me, a Notary Public, personally �,ad Pnr o-In R Vi-nnpd-ii NZ-t74 of tha (,;t17 of ValiaTI1.11 1-nnrvn to ma to 1-1a 4nP 0— whole a�.Jpe41 V\21 LiAiiv au i+- w..w.vriaavuJ, ssu�va vi uav �.i cs vs xaua ��raa, av •v rii v xiav v vv ;may �Jvi.]V11 Yr AFilI� name is subscribed to the within instrument and acknowledged to me that she executed the same on behalf of the City of Kalispell_ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at Kalispell, Montan My Commission Expires 3 fi DECLARATION OF DESIGN GUIDELINES, CONDITIONS COVENANTS, AND RESTRICTIONS BLUE HERON ESTATES No.]. THIS DECLARATION, made this �ay of d' L 2003, by the undersigned, Charles and Mickey Lapp of3230 Columbia FaI s Stage, Columbia Falls, Montana 59912 Whereas, the undersigned is the owner of certain real property known as Blue Heron Estates No. I.according to the recorded plat thereof on file and of recording with Office of the Clerk and recorder of Flathead County, Montana, Blue Heron Estates No. Lis a subdivision located in the SE 1/4 SE 1/4 Sec.2,T. 28N.,R_22W.,P.M., vl. and said subdivision will be a phased project with future phases being added to the Home Owners Association and subject to these guidelines,conditions,covenants,and restrictions. The undersigned is desirous of subjecting the real property to the conditions, covenants and restrictions herein after set forth, each and all of which is and are for the benefit of said property and for each owner thereof ,and shall pass with said property and each and every parcel thereof, and shall apply to and bind the successors in interest and any owners thereof: NOW, THEREFORE, Charles and Mickey Lapp,herein referred to as Declarant being the owner of all the real property known as Blue Heron Estates No. Laccording to the plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana, hereby declares that the said real property is,and shall be held, transferred, sold and conveyed, subjected to the design guidelines, conditions, covenants, and restrictions hereafter set forth. The design guidelines, conditions, covenants,and restriction, hereinafter set forth are designed to provide a uniform plan for the development of the whole of said subdivision. All persons or corporations who shall hereinafter acquire any interest in the above described property shall be taken and held to agree and covenant with the owner of the tots in said subdivision and with their heirs,successors and assignees, to conform to and observe the following conditions, covenants, and restrictions as to the use thereof and as the construction of dwellings and improvements thereon . Each owner is responsible for complying with and meeting the spirit and intent of the criteria of the Guidelines, Conditions, Covenants, and Restrictions. 1.0 Blue Heron Estates Home Owners Association The Declarant shall create an organization consisting of all owners to be called the Blue Heron Estates Home Owners Association. Said association, shall be operated as per Roberts Rules of Order. Blue Heron Estates Home Owners Association shall be farmed at a time to be designated by the Declarant, but no later than when 75% of the lots have occupied structures,and shall consist of the owners of each lot of Blue Heron Estates No 1. The owner or owners of each lot shall be entitled to a single vote in the Association.The Board Of Directors,shall consist of not fewer than 10% and not greater then 15% of the lot owners. The Home Owners Association shall be responsible for the care and maintenance of the common properties and each homeowners use of the common properties will be governed by such rules as adopted by the Association. For the purposes of maintaining and caring for these common properties, the Board of Directors may make reasonable annual assessments to the lot owners and such assessment may be collected in a suit subject to the provisions stated below for enforcement of covenants and may become a Iien upon the land by a filing by the Board of Directors of a lien which shall describe the lot, state the amount of the assessment that has not been paid, and when it was assessed. A lot owner whose lot is subject to such a lien must pay the assessment costs before the lien is released. This lien may also be foreclosed in the manner of foreclosure for mortgages with the prevailing party entitled to attorney fees. Common properties as used herein shall include designated parkland. Lot owners are encouraged to remain active members of this Association. Each lot owner is a member of the Association by virtue of his acquisition of the lot. 2.0 Design Review Board The Design Review Board ( DRB ) shall consist of the Declarant, and for whom ever they may appoint. When the Home Owners Association has been established, the Board Of Directors may act as the DRB. 3.0 The Process The DRB is responsible for reviewing and approving all development within Blue Heron Estates No.1. This includes but not limited to, new construction, renovation, expansion or refinishing of the exterior of structures.Plans must be reviewed by the DRB before construction. Plans should be submitted to the DRB before application to the city for building permits. The DRB process has been designed to encourage dialogue with owners and builders. The process is intended to be constructive , not adversarial or unnecessarily restrictive. As owner, you shall ensure your development team complies with the following general requirements to assure Blue Heron Estates Home Owners Assocation of your commitment to respecting the community within which you are building 4.0 Building GuideLines: Guidelines are out lined in more detail as follows. 5.0 Lot Grading and Drainage are responsibilities of the Owner/Builder Every effort should be made to save all top soil while excavating for foundation and drive way to be used in forming the yard.Foundation elevations must be set with drainage as a priority. Typically, natural drainage patterns and flow should not be obstructed. Your development and other improvements should be sited to avoid drainage: courses. 5.1 Driveways may be considered individually or in common with a suitable adjacent lot and owner. You may be required to provide a Shared Access Agreement if undertaking to incorporate a common driveway or amenity. This location must consider safe road design, in particular relative to intersections, vehicle stacking and natural landscape impact on safe driver site lines. The owner is responsible to maintain the lot and road right-of-way, including side walks. Driveways shall be adequately reinforced concrete. 5.0 Building limits and exterior walls of the building and foundation are to be designed to meet all set backs established for the applicable zoning. 6.1 Building Size: Each dwelling unit shall be site built and contain not less than 1200 square feet of total living space; exclusive of attached garage and open porches. Houses with exact exterior designs must not be in adjoining lots. If the designs are similar they must be differentiated with such things as porch design dormers, bays or the like. Simply " flipping„ a plan would not be adequate. 6.2 Buildings should provide horizontal and/or vertical breaks in the wall planes. Establishing a rhythm of openings between solids and voids in the facade through design and proportion. Front and Rear Elevations should be articulated with. relief. Variations in set backs in both plane and elevation are encouraged. 6.3 Building Heights should take advantage of the view opportunties, while at the same time be sensitive to adjacent developent,and land slope. Maximum building heights are measured in accordance with applicable zoning. 6.4 Roof Shape & Character is important to avoid vertical monotony. The use of porch or balcony roofs and dormers of all sizes contributes to the human scale This is encouraged to provide a texture and an apparent reduction of the built mass. 6.5 Finishing for the various building faces, walls and roofs must adhere to the following notes: A. materials for roofs may be asphalt, flat concrete or fiber -cement the or similar composition material, metal or wood material must be approved by DRB. B. Siding Materials for walls must be lap style. Stucco,stone or brick may be incorporated as an accent. Duplex/ Townhouses must remain consistent in roofing and siding. C. Materials for garage doors are preferred in a type of maintenance free construction. Garages must be at least 2 car - one or two door design is acceptable. 6.6 Exterior lighting is to be limited to low intensity non -glare fixtures to provide adequate illumination for safety and aesthetic enhancement. Uncovered light fixtures or non- focused, non- downward lighting fixtures are not permitted. 6,7 Building Accessories are those various attributes that are part of the atmosphere of each building. The following elements are often used and the following conditions are directed at how they may be used in Blue Heron Estates No.1. A. Antennae are restricted to interior attic applications only. B. Satellite dishes may be used if discretely located on the building and a maximum 24" diameter, Large ground mounted satellite dishes are prohibited. C. Address identification, is mandatory and suggested near the road by the vehicle access driveway for delivery and emergency response purposes. D. Garbage must be contained near the side or rear of each residence in containers furnished by garbage disposal services. 7 Fartrinn ie +n nmm�3c c=nth nr�r��irala snr�inn i . a .. kx Aa -5 .a i� vuF+. r� j .•+cAa cF�ps.. vc+v�� a u+us. . F. Out buildings shall be developed to coordinate with architectural motif and finish of the house.They are to be located within the back yard, and cannot be larger than 10% of the living space of the house. 6.8 Compliance with other regulations. It remains the responsibility of the Owner/Builder to ensure that the construction of any buildings on the site conforms with State,Towrz or Municipal laws, regulations, by-laws or other enactment's, and any encumbrances affecting the title to the property, including, without limitation, utility rights -of -way, easements and restrictive covenants and all requirements outlined in the drainage section of these covenants. 7.0 Landscape Guidelines All open or undeveloped area of the lot should be seeded or sodded in conjunction with any other plants, shrubs or trees and maintained appropriately. This must be done within 6 months of occupancy. 7.1 Tree planting is encouraged as part of your lot and development process. 7.2 Lawn Areas shall be seeded or sodded with a mowable seed mixture. 7.3 Retaining Walls are to be designed and constructed so as to blend into the natural landscape. They may take on a more natural appearance through the use of native rock timber and plant material, or perhaps reflect the architecture presented through the building by incorporating matching or complimentary material and detail. 8.0 Site Guidelines The following guidelines shall be included in any construction and /or project plans for any lot located within Blue Heron Estates No 1. These guidelines shall be strictly adhered to and shall be interpreted as the intent of these Design Guidelines, Conditions,Covenants,and Restrictions. 8.1 Purpose, Use and Activities. A. No Iot shall be used except for single- family residential purposes, or duplex/townhouse. B. No lot or sub lot shall be further subdivided. C. No temporary building,house trailer, mobile home, basement or partly finished building or structure shall be erected or placed upon any lot during construction. All exteriai construction shall be complete within one year from the date construction begins. All homes must be new construction. Factory built homes are not allowed within the subdivision. D. The parking or storage of campers, camping trailers, pick-up campers, boats, snowmobiles, trailers, infrequently used or seasonal vehicles must be kept in the side or 'back yard. Street parking is reserved for short term parking such as guests. E. No advertising, billboards or advertising structures of any kind shall be erected, used or maintained on the property. F. At the time of home construction, lot owner shall construct a minimum two car attached garage- G. Home business must comply with applicable zoning and must comply with city ordinances and not create undo vehicle traffic. H. Fuel tanks are not allowed. 1. All utilities shall be tinder ground. 8.2 Park Space (Recreational Area ) A. Park space has been created as per subdivision regulations and some non home owner use can be expected but not encouraged. B. The maintenance of the Park Space shall be provided at the expense of Home Owners Association. Any expenses incurred for such maintenance shall be included as dues or assessments as The Board of Directors shall determine. C. Any Real Estate Taxes imposed by any agency having jurisdiction upon the Park Space, or any other expenses deemed appropriate by the Board of Directors shall be paid by the Horne Owners Association. 8.3 Animals, Birds, and pets No anirnaIs,livestock or poultry of any kind shall be raised, bred or kept on any lot,except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose and must be confined to their owners property and must be kept under their direct control, as per local ordinance. 8.4 Removal of Waste, Property Appearance and Upkeep A. Noxious or offensive activity shall not be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance to the neighborhood including barking dogs. B. All structures upon the property shall be kept in good repair and appearance. C. No part of this property shall be used or maintained as a dumping ground or storage ground for rubbish, trash,garbage,old automobile or other waste. All waste shall be stored in containers furnished by garbage disposal services and shall be promptly removed from the property in a timely manner. n PrnnPrty nwnPrG chgII rnrnnly with n u,�i-.d mnnaaprnpnt nlan approved by the Flathead County Noxious Weed Board. 9.0 General Provisions A. These Covenants are to run with the land, and shall be binding on all parties, and all persons claiming under them, unless an instrument signed by a majority of the owners of the lots has been recorded agreeing to change said covenants in whole or in part. B. The Grantor and every person hereinafter receiving any right, title or interest in any tract in said property shall have the right to prevent or stop violation of any of the said restrictions by injunction or other lawfirl procedure,in law or in equity, against the person or persons violating or threatening to violate these restrictive covenants. Any person who shall prosecute an action successfully may recover any damages resulting from such violation, and it is expressly understood by any persons purchasing this property that, if an action is successfully brought against him for a violation of these covenants, that a reasonable attorney's fee shall be assessed against him in add addition to any other damages. C. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. D. These covenants may be altered or additions made thereto with the written consent of the owners of at least eighty percent ( 80% ) of the lots ( by number ) or the owners of lots agreeing thereto, by written amendment, acknowledged by signatureand filed with the Office of the County Clerk and Recorder of Flathead County Montana. The Blue Heron Estate Home Owners Association shall be entitled to enforce these regulations as if it was a lot owner and be, upon prevailing, entitled to attorney fees.Any amendment is to be deemed effective thirty ( 30 ) days after recording or filing. The revised Declaration of Covenants so approved will be the governing document regarding said covenantsand all previous Declaration of Covenants will have no force or effect. 10.0 Enforcement "Before legal proceedings are commenced, the DRB intending to enforce the covenants shall notify the Iot owner violating any covenant in writing specifying the failure and demanding that it be remedied within a period of thirty ( 30 ) days of the date of the notice If the owner fails or refuses to remedy the violation within said 30 days, then the Blue Heron Estate Association or DRB shall have the right to undertake any and all action that they in their sole discretion deem necessary and reasonable under the circumstances in order to terminate or correct the act or condition which violates the covenants including obtaining legal or equitable relief including injunctions or orders and/or entering upon the premises for the purposes of removing any non -complying improvements,nuisance,garbage or or vehicle. No entry upon a lot by the DRB, the Board of Director, or its agent for purposes of enforcing these covenants shall be deemed a civil or criminal trespass. BLUE' HERON TOWNHOUSES AN MENDED PLAT OF LOTS 4 3 # 4, BUE hE1 OW ESTATES Akx ! and LOT 2ek hU E h ERAN ESMES Ma 2 #V The "4SE7/4 SEC 2 T MV, R22K PM M, FLAT7EEAD COUVTY, AKA UNA scums r . as 7 23' SP 10P' . ,yl 22 45 I 5 W UMF" EASEMEXr w 28 BLUE CREST DRIVE LA ! f JTy '?T4,03' PARK " r i 27 ` 8 26B �9 26A _ $ 48 : �; 4A i y + $ W o r � � z � ia.JP f}sY JYaa' -d16' t u�O' � V iY \ K97i'MT .IPF14P 4Cnrt-rrar ESF4'M$ Ai. r 31/ gl 38 a and AaD' % U4 .+wf'J�pP1F uatPP'/ }m 23 N sl 3A m al 28 g 4ad' lad j � � , J ap'aRtYT cYiuo' 24 LOT SIM Q � �I •2A 'x €Awls) a 3A Q.116 IiDY' 3a Q.1]4 AMMO' 'A o.l]s SB9'Sb�2"W ab 0.11a a6A Q.1]i ]bD o.l]i � UiilrY ElSF.iENr � � 25 3FF%AL k•Q1i Acsrs � - k� { Gtr THREE MILE DRIVE w 16 1BDB �1G-80 WVO,a_„ i ` �3_- _ !171/ 4Q.�1� I •.��/ 428 9 a _.44i6 45 i�5 21' 4C 4 , 3 F 3 4D R-2/PUD 2 .. T� 1 3._. 4 5 12 1 1 2 ;3 4� 1716 15 I �3 4 5. 6 VICINITY MAP SCALE 1" = 350' CHARLES & MICKEY LAPP PRELIMINARY PLAT - BLUE HEROIN TOWNHOUSES A 4 LOT (8 UNIT) TOWNHOUSE SUBDIVISION ON 1.018 ACRES IN THE R-2 (SINGLE FAMILY RESIDENTIAL) DISTRICT } p PLOT DATE. 5/13/05 F ILE �f � Kam" T" — 0 5 — 8 H:\gis\site\kpp05...8.dwg Tri•-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fag: (406) 751-1858 tricity j' centurytel.net MEMORANDUM TO: Kalispell City Staff Other Interested Parties FROM: Narda A. Wilson, Senior Planner RE: June 21, 2005 - Kalispell Planning Board, Meeting DATE: May 18, 2005 These items will go before the Site Development Review Committee in the Kalispell Building Department on the following dates: • May 26 - Initial Review • June 2 - Staff Comments • June 9 -- Staff Comments Please Note: Not all of the projects listed will warrant your consideration or comments - only those within your applicable area of jurisdiction or review. Final Comments By: June 13, 2005 so that they can be incorporated into the staff report for the June 21, 2005 public hearing. Please bring your comments to the above referenced site review committee meeting(s) or submit your comments in writing or by phone so that they can be incorporated into the staff report to the planning board. You can reach me at 751-1852 or e-mail at tricitvnardaCiucenturYtel.net. 1. Cameron Gillette, Maple Grove Plaza, LLC. - Annexation., KA-05-9 2. WestWood Park PUD - Planned Unit Development, KPUD-05-4 3. WestWood Park - Preliminary Plat, KPP-05-11 4. Blue Heron Townhouses - Preliminary Plat, KPP-05-8 S. Dawn Marquardt/GPRR, LLC. - Annexation, KA-05-7 6. Appleway Business Park - Preliminary Plat, KPP-05-7 If you treed additional infb=ation regarding any of these items, please call me. Thank you for taking the time to review and comment on these items, Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish - 'CPO Major Subdivision 2005 CERTIFICATION APPLICANT: CHARLES & MICKEY LAPP TCPO FILE NO: KPP-05-8 I, the undersigned certify that I did this date mail via certified or registered mail a copy of the attached notice to the following list of landowners adjoining the property lines of the property that is to be subdivided. 0441��We- Date: Assessor's # S-T-R Lot/Tract# Property Owner/Mail Address 2-28N-22W AND ATTACHED LIST CHARLES & MICKEY LAPP 3230 COLUMBIA FALLS STAGE ROAD COLUMBIA FALLS, MT 59912 SANDS SURVEYING 2 VILLAGE LOOP KALISPELL, MT 59901 P. J. STOKES AND ASSOCIATES 322 - 2" AVE W, STE B KALISPELL, MT 59901 CHARLES & MICKEY LAPP SANDS SURVEYING P. J. STOKES & ASSOCIATES 3230 COLUMBIA FALLS STAGE 2 VILAGE LOOP 322 - f'D AVE W, STE B COLUMBIA FALLS, MT 59912 KALISPELL, MT 59901 KALISPELL, MT 59901 FLATHEAD COUNTY SEARCH & RESCUE ASSOC_ PO BOX 358 KALISPELL, MT 59903 DORS, K C 22305 E EUCLID AVE OTIS ORCHARDS, WA 99027 NELSON, CRAIG & MICHELLE 222 BLUE CREST DR KALISPELL, MT 59901 ADAMS, HENRY & JOANNE LAPP, GEORGE & KATHR.YN HOOLEY, SHARON 126 BLUE CREST DR 3284 COLUMBIA FALLS STAGE LAPP, CHARLES & NIICKEY KALISPELL, MT 59901 COLUMBIA FALLS, MT 59912 785 CRESTON HATCHERY RDKALISPELL, MT 59901 KINNIBURGH, HEIDI S 892 BITTERROOT DR MARION, MT 59925 FOX, DUANE L & KELLY L I10 LIBERTY ST KALISPELL, MT 59901 CITY OF KALISPELL PO BOX 1997 KALISPELL, MT 59903 ANDREW & TRICIA SILVERS PO BOX 5181 KALISPELL, MT 59903 WEAKLY, JAMES B 34 SPEERY WAY KALISPELL, MT 59901 KIENAS, JANICE A 535 - 3 MILE DR .KALISPELL, MT 59901 Nit -I'll & TA-K13 T liNA RUONAVAARA 96 VISTA LOOP KALISPELL, MT 59901 COOK, N CARLENE 1001 S MAIN ST KALISPELL, MT 59901 BOWSER CREEK ESTATES LLC 241 COMMONS WAY KALISPELL, MT 59901 JAMEY & TERRY CARIVEAU PO BOX 241 LAKESIDE, MT 59922 No. 9463 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING HOARD . AND ZONING COM- MISSION June 21, 2005 The special meeting of is Kalispell City Plan- ing Board and Zoning :ommission is sched- Led for Tuesday, June 1, 2005 beginning at PM in the Kalispell ,Ay Council Chambers, alispell City Mall, 312 first Avenue East, Ka - spell. The planning card will hold a public earing and take public omments on the foilow- ig agenda items. The Board will make a rec- mmendation to the Ka - spell City Council who rill take final action. 1. A request by Monta- a Venture Partners, nc. for an initial zoning esignation of l-1, Light ldustrial upon annexa- on to the City of Kalis- €ell on approximately 55 rcres. The property is boated approximately wo miles south of Four :orners on the east :fide of Demersville load south of North .oys Bend Lane and torth of Rocky Cliff )rive_ The developer ntends to develop a 16 of subdivision known as Did School Station. The )roperty can be descri- ed as Assessors Tract ? or Parcel A of Certifi- :ate of Survey No. 16337 in Section 33, rownship 28 North, range 21 West, ;�.M,M,, Flathead Coun- .y, Montana. 2, A request by Dawn Marquardt & GPRR, LLC for an initial zoning designation of 8-2, Gen- eral Business, upon an- nexation to the City of Kaiispeil on approxi- mately 1.82 acres. The property is located on the south side of Apple - way Drive and west of Meridian Road approxi- mately 300 feet. An ap- plication for preliminary plat approval of a six lot commercial subdivision known as Appleway Business Park has been filed concurrently. The property can be descri- bed as Assessors Tract 14 located in Section 13, Township 28 North Range 22 West, P.M.M., Flathead Coun- ty, Montana. 3. A request by Dawn Marquardt & GPRR, LLC for preliminary plat approval of Apple -way Business Park, a one lot commercial subdivision containing approximate- ly 1.82 acres. A request for annexation and an initial zoning designa- tion of B-2 has been filed concurrently with this application. The property can be descri- bed as Assessor's Tract 14 located In Section 13, Township 28 North, Range 22 West, P.M.M., Fiathead Coun- ty, Montana. 4. A request by West- wood Partnership for a Planned Unit Develop- ment zoning overlay on property zoned RA-1, Low Density Residential Apartment, The PUD will be known as West- wood Park and propos- es 34 dwelling units on approximately 8.97 acres. The develop- ment consists of five three unit townhouses comprising 15 dwell- ings, 9 two unit town- houses comprising 18 dwellings and one sin- gle family residence. The developers are pro- posing a reduction in the setbacks in some in- stances. The property is located at the northern terminus of Corporate Way between Two Mile Drive and Hwy 2 West. A request for prelimina- ry plat approval of West- wood Park Subdivision has been filed concur- rently with the PUD re- quest. The property can be described as Asses- sors Tracts 2CK, 2CH and 2CE located in Sec- tion 12, Township 28 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 5. A request by West- wood Partnership for a preliminary plat appro- val of Westwood Park Subdivision. The subdi- vision consists of 34 dwelling units on ap- proximately 8.97 acres that would include five three unit townhouses comprising 15 dwell- ings, 9 two unit town- houses comprising 18 dwellings and one sin- gle family residence. A planned unit develop- ment has been submit- ted with the preliminary plat that will show the location of the buildings, elevations and the out- line for the phasing of the project to allow some flexibility m the setbacks of the RA-1, Low Density Residential Apartment, zoning dis- trict. The property is lo- cated at the northern terminus of Corporate Way between Two Mile Drive and Hwy 2 West. The property can be de- scribed as Assessors Tracts 2CK, 2CH and 2CE located in Section 12, Township 28 North, Range 22 West, P,M.M., Flathead Coun- ty, Montana. 6. A request by Charles and Miokey Lapp for preliminary plat approval of Blue Heron Estates Phase 2A. The STATE OF MONTANA subdivision consists of the conversion of four single family lots to two unit townhouse lots for a FLA'TBEAD COUNTY total of 8 townhouse units on approximately 1.018 acres. A condi- AFFIDAVIT OF PUBLICATION tional use permit to a[ - low the creation of the two unit townhouses in the R-2, Suburban Resi- CHRIS SCHULDHEISS BEING DULY zonidistrict wastiat previous y granted, SWORN, DEPOSES AND SAYS: THAT SHE IS T scribedarsLotsb2,d3, LEGAL. CLERK OF THE DAILY INTER LAKE A:. Lot 26 of Phasee2, Blue DAILY NEWSPAPER OF GENERAL CIRCULATIO'':Heron Estates Subdivi- sion located in Section PRINTED AND PUBLISHED IN TTIE CITY OF 2, Township 28 North, Range 22 West, KALISPELL, IN THE COUNTY OF FLATHEAD, P.M_M., Flathead Coun- STATE OF MONTANA, AND THAT NO 946:" Montana ,.: LEGAL ADVERTISMENT WAS T A request by Maple Grove Plaza, LLC for an PRINTED AND PUBLISHED IN THE REGULAR 'tioinaof zoning 3,Commun€ity AND ENTIRE ISSUE OF SAID PAPER, AND IN our € fl fine ty of Kai s- EACH AND EVERY COPY THEREOF ON T E ta€insThapprox€mately DATES OF JUN 5 2005 0.482 of an acre and is .located at the northeast corner of 8th Avenue EN and Washington AND THE RATE CHARGED FOR 'THE ABOVE Street. The property can be described as Asses - PRINTING DOES NOT EXCEED THE MSND", sors Tract 30KA located GOING RATE CHARGED TO ANY OTHER 28SNortth,ion BRangnes21 ADVERTISER FOR THE SAME PUBLICATION, Count , Montanalathead SET IN THE SAME SIZE TYPE AND PUBLISHED' Documents pertaining FOR THE SAME NUMBER OF INSERTIONS. on this forpubllictinspec ' O& &encl,�. lion at the Tr17 Second -Wing Office, 17 Street East, Suite 211, ------------- ------ Kalispell MT 59901 Subscribed and sworn to Before me this AD JUN 6, 2005 and are available for public review during n`c regular office hours. tom'- • LO -\. Interested persons are encouraged to attend the hearing and make their views and con- cerns known to the i..` Board. Written com- ments may be submit= Ted to the Tri-City Plan- ning Office at the above address, prior to the NotaryPublic for the State of Montana date of the hearing, you may contact Narda Residing in Kalispell Wilson, Senior Planner p at (406) 751-1850 or e- My Commission expires 9/11/05 mail her at tricitynarda @ centurytel. net for additional infcr- mation. /s/ Thomas R. Jentz Thomas R. Jentz Planning Director June 5, 2005.