Staff Report/Preliminary Plat Phase 4City of Kalispell
Planning Department
17 - 2" d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispeliplanning.com
REPORT TO: Kalispell Mayor and City Council
FROM: Nicole C. Johnson, Planner II
James H. Patrick, City Manager
SUBJECT: Touchstone LLC - annexation and initial zoning of R-3, Urban
Single Family Residential, and preliminary plat request for
Mountain Vista Estates Phase 4 subdivision
MEETING DATE: August 6, 2007
BACKGROUND: The Kalispell.City Planning Board met on July 10, 2007 and held a
public hearing to consider a request by Touchstone LLC for annexation and initial
zoning of R-3, Urban Single Family Residential, and preliminary plat approval to
create a 19 lot residential subdivision on approximately 7.6 acres. This property is
currently zoned in the county as SAG-5, Suburban Agricultural, which has a
minimum lot size of five acres.
The property proposed to be annexed, zoned and subdivided is located on the north
side of Three Mile Drive approximately one-half mile west of Stillwater Road. It abuts
the easterly boundary of Mountain Vista Estates Phase I, a city subdivision that
received final plat approval in August of 2006. Spring Creek makes up the northern
and easterly boundary of the subdivision and the project is just north of the Cottage
Gardens subdivision. The property can be legally described as Assessors Tracts 1BFA
located in Section 2, Township 28 North, Range 22 West, P.P.M., Flathead County.
Nicole C. Johnson of the Kalispell Planning Department, presented staff report #KA-
07-12 and #KPP-07-08 recommending the planning board consider approving the
initial zoning of R-3, Urban Single Family Residential, and the 19 lot subdivision as
proposed subject to the 27 listed conditions in the staff report.
At the public hearing Narda Wilson, technical support for Touchstone LLC, spoke in
favor of the subdivision. Ms. Wilson supported the staff report, but questioned the
purpose and need for three of the listed conditions: 14, 15 and 16. She wondered
what the difference was between condition 14., a. and condition 15. Ms. Wilson was
also concerned that condition 14.c. - requiring that the horse pasture to the east of
the property be mitigated to prevent pedestrian/horse conflicts - was out of the scope
for this subdivision. The need for Condition 16 requiring that a parks maintenance
district be formed was also questioned.
After the public hearing the board discussed the proposed initial zoning of R-3, Urban
Single Family Residential, for the property should it be annexed into the City. Board
member Hinchey questioned the appropriateness of the proposed R-3 zoning
designation as he thought the area was in transition. Ms. Wilson responded saying
that the zoning and density was consistent with the surrounding developments. Both
Cottage Gardens and Spring Creek Estates to the south were assigned an R-3 zoning
designation and Mountain Vista Estates Phase I, the project to the west of the site,
was approved with an R-2/PUD overlay zoning which she explained was more closely
aligned with an R-3 density.
A motion was made to recommend approval of the R-3, Urban Single Family
Residential, initial zoning designation that would be assigned to the property upon
annexation into the City of Kalispell. The motion passed unanimously.
Board discussion ensued about the related subdivision and the board asked for
clarification on the conditions Ms. Wilson questioned in the staff report. Mrs. Johnson
reported the following:
• Condition 15 was added to ensure the access between lots 12 and 13 be part of
the common area and not on individual lots. Condition 14.a, part of a request
from the Parks and Recreation Department, only required the pedestrian access
be moved to a different location.
• Condition 14. c. was a recommendation from the Parks and Recreation
Department to reduce a potential conflict between residents and the
neighboring horses. Mrs. Johnson said that the entire common area follows the
east side of the subdivision (Spring Creek) and that a 10-12 foot bridge allows
the horses access to the Mountain Vista Phase 4 subdivision.
• Condition 16 was not addressed as it was discussed earlier in the evening
during the Ashley Heights annexation and preliminary plat request. The
creation of a parks maintenance district will become a common condition to
provide a means for the City to maintain areas should they ever be transferred
to city jurisdiction.
Ultimately, the board felt that the property owners to the east of the site where the
horse pasture is located would be the responsible party to prevent the horses from
accessing the Mountain Vista Estates Phase 4 property. A motion was made to
remove c. of Condition 14.
14. The area designated on the plat as common area shall meet the parkland
dedication requirements provided that it is developed as followed:
a. Access to the common needs to be placed between lots 12 and 13 -
rather than between lots 11 and 12 - to provide a more direct access.
b. A mowed path consisting of native grasses shall be provided from the
cul-de-sac as well as along a leisure trail running north and south along
the Spring Creek riparian area. The mowed trail intended QW leisure
within the common area shall be located to the furthest west of the creek
K
possible and absolutely outside of the 50 foot natural buffer area (Fish,
Wildlife and Parks)
e. The -her-se -p&6iuHe-that i6-rvcccca-aczvvv-the -crcczcvthe east ef the
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d. Four benches shall be installed along the Spring Creek mowed trail
running north and south.
e. A minimum of three interpretive signs shall be placed along the trail
running north and south. The signs should be coordinated with the
Fish, Wildlife and Parks Department (FWP). Additionally, the signs need
to be made out of a metal thick enough to prevent vandalism and placed
upon a mount that is sturdy enough to prevent vandalism.
A motion was then made to approve the preliminary plat with the 27 listed conditions
as amended. The motion passed unanimously.
RECOMMENDATION: A motion to approve an initial zoning of R-3, Urban Single
Family Residential, and a motion to approve the preliminary plat for Mountain Vista
Estates Phase 4 with the 27 listed conditions would be in order.
FISCAL EFFECTS: Positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
/,f L'1—
Nicole C. Johnson
Planner II
Report compiled July 26, 2007
am �iatrick
City Manager
Attachments: Petition to Annex & Withdraw From Rural Fire District
Mountain Vista Estates Phase 4 Cost of Services Analysis
Transmittal letter
Exhibit A (conditions)
Staff reports #KA-07-12 and #KPP-07-4 and application materials
Draft Minutes 7/ 10/07 planning board meeting
c: Theresa White, Kalispell City Clerk
N
Return to:
Theresa White
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5220
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS
1BFA IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, TO BE KNOWN AS TOUCHSTONE, LLC/MOUNTAIN VISTA
PHASE 4 ADDITION NO. 395; TO ZONE SAID PROPERTY IN ACCORDANCE WITH
THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from Touchstone, LLC, the owners of
property located on the north side of Three Mile Drive one-half mile west of
Stillwater Road, requesting that the City of Kalispell annex the territory into the City,
and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-07-12, dated July 5, 2007, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-3, Urban Single Family Residential, on approximately 7.6
acres upon annexation into the City of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That all the real property as described above be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and
shall be known as Touchstone, LLC/Mountain Vista Estates Phase 4
Addition No. 395.
SECTION H. Upon the effective date of this Resolution, the City Clerk is directed
to make and certify under the seal of the City, a copy of the record of
these proceedings as are entered on the minutes of the City Council
and file said documents with the Flathead County Clerk and
Recorder.
From and after the date of filing of said documents as prepared by the
City Clerk, or on the effective date hereof, whichever shall occur
later, said annexed territory is part of the City of Kalispell and its
citizens and property shall be subject to all debts, laws and ordinances
and regulations in force in the City of Kalispell and shall be entitled
to the same privileges and benefits as are other parts of the City.
SECTION III. The territory annexed by this Resolution shall be zoned in accordance
with the Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall be effective immediately upon passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 6TH DAY OF AUGUST, 2007.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
ORDINANCE NO.1620
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS
1BFA IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, FLATHEAD COUNTY,
MONTANA (PREVIOUSLY ZONED COUNTY SAG-5, SUBURBAN AGRICULTURAL) TO
CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL) IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Touchstone, LLC, the owner of the property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tract of land
be zoned R-3, Urban Single Family Residential, on approximately 7.6 acres of land,
and
WHEREAS, the property is located on the north side of Three Mile Drive one-half mile west of
Stillwater Road, and
WHEREAS, the petition of Touchstone, LLC was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-07-12, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described
above be zoned R-3, Urban Single Family Residential, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on July 10,
2007, and recommended that the initial zoning be City R-3, Urban Single Family
Residential, upon annexation to the City of Kalispell, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-3, Urban Single Family Residential, the City Council finds such zoning
to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the
criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County
Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff
Report No. KA-07-12.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the
property described above as R-3, Urban Single Family Residential on
approximately 7.6 acres.
SECTION H. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION III. This Ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 20TH DAY OF AUGUST, 2007.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
RESOLUTION NO.5221
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
MOUNTAIN VISTA ESTATES PHASE 4 SUBDIVISION, MORE PARTICULARLY
DESCRIBED AS ASSESSOR'S TRACTS 1BFA IN SECTION 2, TOWNSHIP 28 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Touchstone, LLC, 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 July
10, 2007 on the proposal and reviewed Subdivision Report #KPP-07-8 issued by the
Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of
the Preliminary Plat of Mountain Vista Estates Phase 4 Subdivision subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of August 6, 2007,
reviewed the Kalispell Planning Department Report #KPP-07-8, 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 I. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-07-8 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Touchstone, LLC for approval of the Preliminary Plat of
Mountain Vista Estates Phase 4 Subdivision, Kalispell, Flathead County,
Montana is hereby approved subject to the following conditions:
General Conditions:
That the development of the site shall be in substantial compliance with the application submitted,
materials and other specifications as well as any additional conditions associated with the
preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C
— Final Plat)
2. The preliminary plat approval shall be valid for a period of three years from the date of approval.
(Kalispell Subdivision Regulations, Section 2.04).
Prior to Agy excavation or earthwork, a City Stormwater Management Permit shall be approved
and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the
permit shall include a permit application, site map, narrative describing the best management
practices to be used and a completed checklist. In addition to the City Stormwater Management
Permit the developer shall submit a copy of the State General Construction Stormwater Discharge
Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of
final plat, the project engineer shall certify that the development is in compliance with the
approved City Stormwater Management Permit. (Ordinance 1600 and Findings of Fact Section
C)
Prior to final plat:
4. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction and Montana
Public Works Standards; and shall be certified in writing by an engineer licensed in the State of
Montana. All design work shall be reviewed and approved in writing by the Kalispell Public
Works Department prior to construction. This infrastructure shall include but not be limited to
streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. (Kalispell Design
and Construction Standards, project proposal)
5. The road connection planned at the southern portion of the subdivision to Cottage Gardens shall
be adjusted to meet city design standards and is subject to review and approval from the Kalispell
Public Works Department. The adjusted road location shall be shown on the final plat and a letter
from the Public Works Department obtained stating the design is approved.
6. Water and sewer main extensions shall be designed and constructed in accordance with the City
of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The
water and sewer main extension plans shall be reviewed and approved by the Kalispell Public
Works Department. Prior to final plat, a certification shall be submitted to the Public Works
Department stating that the water and sewer mains have been built as designed and approved.
(Kalispell Design and Construction Standards)
7. The developer shall submit to the Kalispell Public Works Department for review and approval a
stormwater report and an engineered drainage plan that meets the requirements of the current City
standards for design and construction. Prior to final plat, a certification shall be submitted to the
Public Works Department stating that the drainage plan for the subdivision has been installed as
designed and approved. (Kalispell Design and Construction Standards)
The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/sediment control plan for review and approval and a copy of all documents submitted to
Montana Department of Environmental Quality for the General Permit for Stormwater Discharge
Associated with Construction Activities. (Kalispell Design and Construction Standards)
9. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for
unfinished work. (Kalispell Design and Construction Standards)
10. The following note shall be placed on the final plat, "lots within the subdivision may be in areas
where the water table is high and that special consideration in the construction of crawl spaces
and basements in those areas is recommended."
11. The following requirements shall be met per the Kalispell Fire Department and so certified in
writing by the 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
International Fire Code (2003) Appendix B.
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 International Fire Code
(2003) Chapter 5.
d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided
in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no
parking fire lane."
12. A temporary cul-de-sac at the south end of the project shall be constructed at the southern
terminus of Mountain Vista Way if the road through the Cottage Gardens subdivision is not in
place prior to final plat. (Kalispell Fire Department)
13. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape
plan for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision. The approved landscape plan shall be implemented or a cash in
lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks
and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11)
14. The area designated on the plat as common area shall meet the parkland dedication requirements
provided that it is developed as followed:
a. Access to the common needs to be placed between lots 12 and 13 - rather than between lots
11 and 12 - to provide a more direct access.
b. A mowed path consisting of native grasses shall be provided from the cul-de-sac as well as
along a leisure trail running north and south along the Spring Creek riparian area. The
mowed trail intended fro leisure within the common area shall be located to the furthest west
of the creek possible and absolutely outside of the 50 foot natural buffer area (Fish, Wildlife
and Parks)
c. Four benches shall be installed along the Spring Creek mowed trail running north and south.
d. A minimum of three interpretive signs shall be placed along the trail running north and
south. The signs should be coordinated with the Fish, Wildlife and Parks Department
(FWP). Additionally, the signs need to be made out of a metal thick enough to prevent
vandalism and placed upon a mount that is sturdy enough to prevent vandalism.
The developer shall provide the Parks and Recreation Department with the improvement plan for
the department for review and approval. The developer shall install the improvements prior to
final plat in accordance with the approved plan. (Kalispell Subdivision Regulations, Section 3.19,
Findings of Fact, Section D, Parks and Open Space)
Note: Any work within the floodplain requires a floodplain permit.
15. The 20-foot easement to the common area that shall be relocated between lots 12 and 13 shall be
incorporated within the larger common area of the subdivision and not on individual lots.
(Findings of Fact, Section D, Parks and Open Space)
16. A park maintenance district shall be formed incorporating all the lots within the Mountain Vista
Estates Phase IV subdivision. The park maintenance district shall not be effective until such time
as any open space or parks are accepted by the city in which case the taxes levied within the
maintenance district shall be determined by the Parks and Recreation Department with approvals
by the Kalispell City Council.
17. A 100 foot building setback from the high waterline of Spring Creek and the 50 foot natural
buffer shall be shown on the final plat. (Findings of Fact, Section C, Surface and Groundwater)
18. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to
protest the creation of a special improvement district for road upgrades in the area to City
standards which are impacted by this subdivision." (Findings of Fact, Section D, Roads)
19. The road 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. A letter shall be obtained from
the Kalispell Public Works Department stating the naming and addressing on the final plat have
been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09)
20. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of utilities
from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department
shall be obtained stating that the required easements are being shown on the final plat. (Kalispell
Subdivision Regulations, Section 3.18)
21. A detailed floodplain study shall be completed and accepted by FEMA determining the base flood
elevation for the floodplain area within the subdivision. The final plat shall not be recorded and
no significant earth moving within 100 feet of the centerline of the creek shall be allowed until
the completion and acceptance of the study area. The newly delineated floodplain shall be staked.
The base flood elevation accepted by FEMA shall be indicated on the final plat and no lots shall
extend into the newly delineated floodplain. (Findings of Fact, Section A, Flooding)
22. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The mail
delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site
and improvements shall also be included in the preliminary and final engineering plans to be
reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or
proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22)
23. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it
does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations
Section 3.09(L))
24. The following statement shall appear on the final plat: "The undersigned hereby grants unto each
and every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the
right to the joint use of an easement for the construction, maintenance, repair, and removal of their
lines and other facilities, in, over, under, and across each area designated on this plat as "Utility
Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
25. A homeowners association for the subdivision shall be created that includes a provision for the
maintenance of the common area along Spring Creek, including the mowed path, 50 foot natural
buffer, benches and signs. (Findings of Fact, Section D, Parks and Open Space and project
proposal)
On )zoing conditions:
26. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17)
27. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
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 AUGUST, 2007.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
KA-07-12 and KPP-07-4
Touchstone LLC/Mountain Vista Estates Phase 4
Cost of Services Analysis (Residential)
Once annexed to the City of Kalispell, full city services will be made available to the
property owner. Any necessary infrastructure associated with this development will be
required to be constructed in accordance with the City of Kalispell's Design and
Construction standards and any other development policies, regulations or ordinances
that may apply.
Number of Dwelling Units proposed to be annexed
19 single family houses
Estimated Increase in Population: (based on US Census Figure of 2.2 per household)
M
Cost of Services
Per capita costs
• Fire: $68.84 per person per year.
Additional costs to the fire department 42 x 68.84 = $ 2,891
• Police: $110 per resident per year.
Additional costs to the police department 42 x 110.00 = $ 4,620
• Administration: $39.48.
Additional cost to administration 42 x 39.48 = $ 1,658
• Solid Waste:
Additional cost to solid waste (none for five years) _ $ 0
• Roads: $193.56 per dwelling unit
Additional cost in road maintenance 19 x 193.56 = $ 3,678
• Water: $221.21 per ERU (Equivalent Residential Unit)
Additional cost in water line maintenance 19 x 221.21 = $ 4,203
• Sewer: $329.64 per ERU
Additional cost in sewer maintenance 19 x 329.64 = $ 6,263
• Stormwater: $72.68 per ERU
Additional cost in storm maintenance 19 x 72.68 = $ 1,381
Total Anticipated Cost of Services: $24,694
I
Anticipated Revenue Generated
1. Assessments based on square footage:
Average square foot per lot: 9,308 square feet
• Storm sewer assessment $0.004480 per square foot
(capped at 1/2 acre for residential)
Revenue from storm sewer assessments 19 x 9,308 x $0.004480 = $ 792
• Street maintenance assessment $0.0101 per square foot
(capped at 1/2 acre for residential)
Revenue from street maintenance assessments 19 x 9,308 x $0.0101 = $ 1,786
• Urban forestry assessment $0.00135 per square foot
(capped at $150 for residential)
Revenue from urban forestry assessments 19 x 9,308 x $0.00135 = $ 239
• Special Assessments: There are no special assessments. = $ 0
• Light maintenance assessment $0.003 per square foot (no cap)
Revenue from light maintenance assessment 19 x 9,308 x $0.003 = $ 531
Total Anticipated Revenue From Assessments:
2. Tax revenue:
• Assessed value per property: $ 250,000/house
Total assessed value:
Total taxable:
3 348
19 x 250,000 = $ 4,750,000
4,750,000 x 0.03543 = $ 168,293
• Total additional general revenue based on 170 mill levy:
$ 168,293 x 0.170 = 28,610
3. Impact fees:
• Water system impact fee $2,155 per residence
Revenue from water system impact fee 19 x $2,155 = $ 40,945
• Wastewater impact fee $2,433 per ERU (A single family home is (1) ERU)
Revenue from wastewater impact fee 19 x $2,433 = $ 46,227
• Stormwater impact fee $1, 092 per ERU (A single family home is (1) ERU)
Revenue from stormwater impact fee 19 x $1,092 = $ 20,748
• Police impact fee $43 per unit (single family residential)
Revenue from police impact fee 19 x $43 = $ 817
• Fire impact fee $533 per unit (single family residential)
Revenue from fire impact fee 19 x $533 = $ 10,127
2
Total Anticipated Revenue From Impact Fees: = $118,864
Total Revenue Generated to the City (Items 1 and 2)
One Time Impact Fee Payment to the City (Item 3)
$ 31,958
$ 118,864
Net Revenue to the City Per Year (Total anticipated cost of services - Total anticipated
revenue from assessments and taxes): $7,264
NOTE: This information is based upon assumptions regarding building valuations and
does not take into consideration the build -out time or changes in methods of assessment
and estimated costs associated with services. This information can only be used as a
general estimate of the anticipated cost of services and revenue.
City of Kalispell
Planning Department
17 - 2"d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
July 26, 2007
James H. Patrick,
City of Kalispell
P.O. Box 1997
City Manager
Kalispell, MT 59903
Re: Touchstone LLC - annexation and initial zoning of R-3, Urban Single Family
Residential and preliminary plat request for Mountain Vista Estates Phase 4
subdivision
Dear Jim:
The Kalispell City Planning Board met on July 10, 2007 and held a public hearing to
consider a request by Touchstone LLC for annexation and initial zoning of R-3, Urban
Single Family Residential, and preliminary plat approval to create a 19 lot residential
subdivision on approximately 7.6 acres. This property is currently zoned in the
county as SAG-5, Suburban Agricultural, which has a minimum lot size of five acres.
The property proposed to be annexed, zoned and subdivided is located on the north
side of Three Mile Drive approximately one-half mile west of Stillwater Road. It abuts
the easterly boundary of Mountain Vista Estates Phase 1, a city subdivision that
received final plat approval in August of 2006. Spring Creek makes up the northern
and easterly boundary of the subdivision and the project is just north of the Cottage
Gardens subdivision. The property can be legally described as Assessors Tracts 1 BFA
located in Section 2, Township 28 North, Range 22 West, P.P.M. , Flathead County.
Nicole C. Johnson of the Kalispell Planning Department, presented staff report #KA-
07-12 and #KPP-07-08 recommending the planning board consider approving the
initial zoning of R-3, Urban Single Family Residential, and the 19 lot subdivision as
proposed subject to the 27 listed conditions in the staff report.
At the public hearing Narda Wilson, technical support for Touchstone LLC, spoke in
favor of the subdivision. Ms. Wilson supported the staff report, but questioned the
purpose and need for three of the listed conditions: 14, 15 and 16. She wondered
what the difference was between condition 14., a. and condition 15. Ms. Wilson was
also concerned that condition 14. c. - requiring that the horse pasture to the east of
the property be mitigated to prevent pedestrian/horse conflicts - was out of the scope
for this subdivision. The need for Condition 16 requiring that a parks maintenance
district be formed was also questioned.
After the public hearing the board discussed the proposed initial zoning of R-3, Urban
Single Family Residential, for the property should it be annexed into the City. Board
member Hinchey questioned the appropriateness of the proposed R-3 zoning
designation as he thought the area was in transition. Ms. Wilson responded saying
that the zoning and density was consistent with the surrounding developments. Both
Cottage Gardens and Spring Creek Estates to the south were assigned an R-3 zoning
designation and Mountain Vista Estates Phase 1, the project to the west of the site,
was approved with an R-2/PUD overlay zoning which she explained was more closely
aligned with an R-3 density.
A motion was made to recommend approval of the R-3, Urban Single Family
Residential, initial zoning designation that would be assigned to the property upon
annexation into the City of Kalispell. The motion passed unanimously.
Board discussion ensued about the related subdivision and the board asked for
clarification on the conditions Ms. Wilson questioned in the staff report. Mrs. Johnson
reported the following:
• Condition 15 was added to ensure the access between lots 12 and 13 be part of
the common area and not on individual lots. Condition 14.a, part of a request
from the Parks and Recreation Department, only required the pedestrian access
be moved to a different location.
• Condition 14.c. was a recommendation from the Parks and Recreation
Department to reduce a potential conflict between residents and the
neighboring horses. Mrs. Johnson said that the entire common area follows the
east side of the subdivision (Spring Creek) and that a 10-12 foot bridge allows
the horses access to the Mountain Vista Phase 4 subdivision.
Condition 16 was not addressed as it was discussed earlier in the evening
during the Ashley Heights annexation and preliminary plat request. The
creation of a parks maintenance district will become a common condition to
provide a means for the City to maintain areas should they ever be transferred
to city jurisdiction.
Ultimately, the board felt that the property owners to the east of the site where the
horse pasture is located would be the responsible party to prevent the horses from
accessing the Mountain Vista Estates Phase 4 property. A motion was made to
remove c. of Condition 14.
14. The area designated on the plat as common area shall meet the parkland
dedication requirements provided that it is developed as followed:
a. Access to the common needs to be placed between lots 12 and 13
rather than between lots 11 and 12 - to provide a more direct access.
2
b. A mowed path consisting of native grasses shall be provided from the
cul-de-sac as well as along a leisure trail running north and south along
the Spring Creek riparian area. The mowed trail intended fro leisure
within the common area shall be located to the furthest west of the creek
possible and absolutely outside of the 50 foot natural buffer area (Fish,
Wildlife and Parks)
prepesed subdivision must be mitigaled to prevent pedestrian/ animal
eenffiet&r
d. Four benches shall be installed along the Spring Creek mowed trail
running north and south.
e. A minimum of three interpretive signs shall be placed along the trail
running north and south. The signs should be coordinated with the
Fish, Wildlife and Parks Department (FWP). Additionally, the signs need
to be made out of a metal thick enough to prevent vandalism and placed
upon a mount that is sturdy enough to prevent vandalism.
A motion was then made to approve the preliminary plat with the 27 listed conditions
as amended. The motion passed unanimously.
Please schedule this matter for the August 6, 2007 regular Kalispell City Council
meeting. You may contact this board or Nicole C. Johnson at the Kalispell Planning
Department if you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
1"-;6t, / &'CV
Bryan Schutt
President
Attachments: Exhibit A
Staff reports # KA-07-12 and #KPP-07-08 and application
materials
Draft Minutes 7/ 10/07 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Touchstone LLC, 1289 North Meridian Road, Kalispell, MT 59901
Narda Wilson, P.O. Box 1767, Whitefish, MT 59937
3
E MMIT A
MOUNTAIN VISTA ESTATES PHASE 4 SUBDIVISION
PLAT CONDITIONS OF APPROVAL
AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD
JULY 10, 2007
The Kalispell City Planning Board recommends to the Kalispell City Council that the
preliminary plat for Mountain Vista Estates Phase 4 subdivision be approved subject
to the following conditions:
General Conditions:
1. That the development of the site shall be in substantial compliance with the
application submitted, materials and other specifications as well as any
additional conditions associated with the preliminary plat as approved by the
city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat)
2. The preliminary plat approval shall be valid for a period of three years from the
date of approval. (Kalispell Subdivision Regulations, Section 2.04).
3. Prior to any excavation or earthwork, a City Stormwater Management Permit
shall be approved and issued from the Kalispell Public Works Department. In
accordance with Ordinance 1600, the permit shall include a permit application,
site map, narrative describing the best management practices to be used and a
completed checklist. In addition to the City Stormwater Management Permit
the developer shall submit a copy of the State General Construction Stormwater
Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention
Plan (SWPPP). At the time of final plat, the project engineer shall certify that the
development is in compliance with the approved City Stormwater Management
Permit. (Ordinance 1600 and Findings of Fact Section C)
Prior to final plat:
4. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards; and shall be certified in
writing by an engineer licensed in the State of Montana. All design work shall
be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infrastructure shall include but not be limited to
streets, street lighting, street signage, curb, gutter, boulevard and sidewalks.
(Kalispell Design and Construction Standards, project proposal)
5. The road connection planned at the southern portion of the subdivision to
Cottage Gardens shall be adjusted to meet city design standards and is subject
to review and approval from the Kalispell Public Works Department. The
adjusted road location shall be shown on the final plat and a letter from the
Public Works Department obtained stating the design is approved.
4
6. Water and sewer main extensions shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction
and Montana Public Works Standards. The water and sewer main extension
plans shall be reviewed and approved by the Kalispell Public Works
Department. Prior to final plat, a certification shall be submitted to the Public
Works Department stating that the water and sewer mains have been built as
designed and approved. (Kalispell Design and Construction Standards)
7. The developer shall submit to the Kalispell Public Works Department for review
and approval a stormwater report and an engineered drainage plan that meets
the requirements of the current City standards for design and construction.
Prior to final plat, a certification shall be submitted to the Public Works
Department stating that the drainage plan for the subdivision has been
installed as designed and approved. (Kalispell Design and Construction
Standards)
8. The developer shall submit to the Kalispell Public Works Department prior to
construction an erosion/sediment control plan for review and approval and a
copy of all documents submitted to Montana Department of Environmental
Quality for the General Permit for Stormwater Discharge Associated with
Construction Activities. (Kalispell Design and Construction Standards)
9. A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or a
proper bond has been accepted for unfinished work. (Kalispell Design and
Construction Standards)
10. The following note shall be placed on the final plat, "lots within the subdivision
may be in areas where the water table is high and that special consideration in
the construction of crawl spaces and basements in those areas is
recommended."
11. The following requirements shall be met per the Kalispell Fire Department and
so certified in writing by the 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 International Fire Code (2003) Appendix B.
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 International
Fire Code (2003) Chapter 5.
d. It shall be noted on the face of the plat that hazardous weed abatement shall
be provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the
road as "no parking fire lane."
12. A temporary cul-de-sac at the south end of the project shall be constructed at
the southern terminus of Mountain Vista Way if the road through the Cottage
5
Gardens subdivision is not in place prior to final plat. (Kalispell Fire
Department)
13. A letter shall be obtained from the Kalispell Parks and Recreation Director
approving a landscape plan for the placement of trees and landscaping
materials within the landscape boulevards of the streets serving the
subdivision. The approved landscape plan shall be implemented or a cash in
lieu payment for installation of the street trees and groundcover provided to the
Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations,
Section 3.11)
14. The area designated on the plat as common area shall meet the parkland
dedication requirements provided that it is developed as followed:
a. Access to the common needs to be placed between lots 12 and 13 -
rather than between lots 11 and 12 - to provide a more direct access.
b. A mowed path consisting of native grasses shall be provided from the
cul-de-sac as well as along a leisure trail running north and south along
the Spring Creek riparian area. The mowed trail intended fro leisure
within the common area shall be located to the furthest west of the creek
possible and absolutely outside of the 50 foot natural buffer area (Fish,
Wildlife and Parks)
c. Four benches shall be installed along the Spring Creek mowed trail
running north and south.
d. A minimum of three interpretive signs shall be placed along the trail
running north and south. The signs should be coordinated with the
Fish, Wildlife and Parks Department (FWP). Additionally, the signs need
to be made out of a metal thick enough to prevent vandalism and placed
upon a mount that is sturdy enough to prevent vandalism.
The developer shall provide the Parks and Recreation Department with the
improvement plan for the department for review and approval. The developer
shall install the improvements prior to final plat in accordance with the
approved plan. (Kalispell Subdivision Regulations, Section 3.19, Findings of
Fact, Section D, Parks and Open Space)
Note: Any work within the floodplain requires a floodplain permit.
15. The 20-foot easement to the common area that shall be relocated between lots
12 and 13 shall be incorporated within the larger common area of the
subdivision and not on individual lots. (Findings of Fact, Section D, Parks and
Open Space)
16. A park maintenance district shall be formed incorporating all the lots within the
Mountain Vista Estates Phase IV subdivision. The park maintenance district
shall not be effective until such time as any open space or parks are accepted
by the city in which case the taxes levied within the maintenance district shall
be determined by the Parks and Recreation Department with approvals by the
Kalispell City Council.
n
17. A 100 foot building setback from the high waterline of Spring Creek and the 50
foot natural buffer shall be shown on the final plat. (Findings of Fact, Section
C, Surface and Groundwater)
18. The following note shall be placed on the final plat: "Property owner(s) shall
waive their right to protest the creation of a special improvement district for
road upgrades in the area to City standards which are impacted by this
subdivision." (Findings of Fact, Section D, Roads)
19. The road 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. A letter shall be obtained from the Kalispell Public Works
Department stating the naming and addressing on the final plat have been
reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09)
20. All existing and proposed easements shall be indicated on the face of the final
plat. Utility easements for City water and sewer shall be provided to allow for the
logical extension of utilities from this subdivision to adjoining properties. A letter
from the Kalispell Public Works Department shall be obtained stating that the
required easements are being shown on the final plat. (Kalispell Subdivision
Regulations, Section 3.18)
21. A detailed floodplain study shall be completed and accepted by FEMA
determining the base flood elevation for the floodplain area within the
subdivision. The final plat shall not be recorded and no significant earth
moving within 100 feet of the centerline of the creek shall be allowed until the
completion and acceptance of the study area. The newly delineated floodplain
shall be staked. The base flood elevation accepted by FEMA shall be indicated
on the final plat and no lots shall extend into the newly delineated floodplain.
(Findings of Fact, Section A, Flooding)
22. Prior to filing the final plat, a letter from the US Postal Service shall be included
stating the Service has reviewed and approved of the design and location of the
mail delivery site. The mail delivery site shall be installed or bonded for prior to
final plat. In addition, the mail delivery site and improvements shall also be
included in the preliminary and final engineering plans to be reviewed by the
Public Works Department. The mail delivery site shall not impact a sidewalk or
proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22)
23. Street lighting shall be located within the subdivision and shall have a full
cutoff lens so that it does not intrude unnecessarily onto adjoining properties.
(Kalispell Subdivision Regulations Section 3.09(L))
24. The following statement shall appear on the final plat: "The undersigned hereby
grants unto each and every person, firm or corporation, whether public or private,
providing or offering to provide telephone, telegraph, electric power, gas, cable
television, water or sewer service to the public, the right to the joint use of an
easement for the construction, maintenance, repair, and removal of their lines
and other facilities, in, over, under, and across each area designated on this plat
as "Utility Easement" to have and to hold forever."
7
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
25. A homeowners association for the subdivision shall be created that includes a
provision for the maintenance of the common area along Spring Creek,
including the mowed path, 50 foot natural buffer, benches and signs. (Findings
of Fact, Section D, Parks and Open Space and project proposal)
On going conditions:
26. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
27. All areas disturbed during development shall be re -vegetated with a weed -free
mix immediately after development.
TOUCHSTONE LLC
REQUEST FOR INITIAL ZONING OF R-3, UPON ANNEXATION
STAFF REPORT #KA-07-12
REQUEST FOR MOUNTAIN VISTA PHASE IV SUBDIVISION
STAFF REPORT #KPP-07-08
KALISPELL PLANNING DEPARTMENT
July 5, 2007
This is a report to the Kalispell City Planning Board and the Kalispell City Council
regarding an initial zoning designation of R-3 upon annexation to the city of Kalispell
and a subdivision to create 19 residential lots. A public hearing has been scheduled
before the Kalispell City Planning Board for July 10, 2007 beginning at 7:00 PM, to
consider appropriate zoning for the property to be annexed and the subdivision
request. The Planning Board will forward a recommendation to the Kalispell City
Council for consideration.
BACKGROUND INFORMATION
Mountain Vista Phase IV is the final phase of a larger subdivision. Phases I through
III were considered in a Planned Unit Development (P.UD) package and preliminary plat
approval was granted for all three in February of 2005. Phase I of Mountain Vista
Estates was granted final plat approval in August of 2006 and on July 2, 2007 City
Council approved Phase II of the subdivision.
Note that while this annexation and subdivision for Phase IV shares the same name -
Mountain Vista Estates - this project is being considered separately from the previous
three phases which included a PUD; no deviations from the R-3 zoning designation
have been requested here.
Additionally, there are other annexations and subdivisions going through the City's
department and staff review, public hearing and approval process for areas
immediately south, west and east of the project site. Issues related to access, flood
plain delineation, storm water, pumps stations, etc. are being considered together and
the responsibility shared by the neighboring developers.
This staff report will address both requests, initial zoning and preliminary plat for
Mountain Vista Estates Phase IV. Each request will be reviewed with a
recommendation and a set of conditions at the end of the report beginning on page 14.
A. Petitioner / Owner: Touchstone LLC
1289 North Meridian Road
Kalispell, Montana 59901
(406) 755-6789
Technical Assistance: Narda Wilson
P.O. Box 1767
Whitefish, Montana 59937
1
(406) 892-4898
B. Nature of the Request: This is a request for an initial zoning designation of R-3,
Urban Single Family Residential, on approximately 7.6 acres of land located on
the north side of Three Mile Drive one-half mile west of Stillwater Road and
approximately one-fourth mile east of the Bonneville Power Administration (BPA)
power lines. This property is currently zoned in Flathead County as SAG 5,
Suburban Agricultural, which has a minimum lot size requirement of five acres.
The proposed subdivision included in this request would plat 19 lots ranging in
size from 7,000 square feet to approximately 15,600 square feet in size similar to
development to the east and south of the property. The city R-3 zoning district
has a minimum lot size of 7,000 square feet and a minimum lot width of 60 feet.
C. Location and Legal Description of Property: As indicated previously, the
property proposed for annexation and the initial zoning is located on the north
side of Three Mile Drive approximately one-half mile west of Stillwater Road. It
abuts the easterly boundary of Mountain Vista Estates Phase I Subdivision, a city
subdivision. From Phase I, the property extends east with Spring Creek making
up the northern and eastern boundary of the property. The property can be
legally described as Assessors Tracts 1BFA located in Section 2, Township 28
North, Range 22 West, P.M.M., Flathead County.
D. Existing Land Use and Zoning: The property proposed for annexation is
currently vacant and Spring Creek defines the north and east portion of the 7.6
acre parcel. This property is under Flathead County jurisdiction and is part of
the West Valley Zoning District, or West Valley Overlay (WVO), which is currently
zoned SAG-5, Suburban Agricultural. SAG-5 is a suburban agricultural district
that is intended to provide a buffer between urban and unlimited agricultural
uses. The SAG-5 zoning district requires a minimum lot size of five acres. A
preliminary plat has been concurrently filed with this petition for annexation and
initial zoning.
E. Adjacent Land Uses and Zoning: This property is located in an area that would
have been considered generally rural in nature two years ago, but with the recent
series of annexations, preliminary plat approvals and the extension of municipal
water and sewer past this site along Three Mile Drive, the region is now
considered a transitioning urban area. To the immediate west, Mountain Vista
Estates phases I through III have been approved containing 141 lots on 50 acres
for a density of 2.9 units per acre. To the immediate south, Cottage Gardens has
been approved containing 30 lots on 10.75 acres for a density of 2.79 units per
acre. Five and 10 acre lots abut the site to the east and north.
North: Large tract rural residential, SAG-5 WVO zoning
South: Cottage Gardens Subdivision, R-3 city zoning
East: Rural residential, County SAG-5 WVO zoning
West: Mountain Vista Estates Subdivision R-2 city zoning with a PUD
F. Proposed Zoning: The proposed R-3, Urban Single Family Residential zone lists
single-family residences as a permitted use and has a minimum lot size
requirement of 7,000 square feet and a minimum lot width of 60 feet. Setbacks
are 20 feet in the front and rear and five feet on the sides. This zoning reflects the
lots that are being proposed in the subdivision with regard to lot size and the
single family homes intended for development.
G. General Land Use Character: The general land use character of this area can be
described as primarily agricultural land rapidly transitioning toward residential
uses with city annexation and services. Surrounding city subdivisions include
single family and duplex dwelling units.
H. Utilities and Public Services: All available public services and facilities will be
provided to these properties at the same level of service as other properties
similarly situated in the city limits.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
Contract hauler available
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy Company
Telephone:
CenturyTel
Schools:
West Valley School District (grade school) &. School District
#5, Kalispell (High school)
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
I. EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303,
M.C.A. Findings of fact for the zone change request are discussed relative to the
itemized criteria described by 76-2-304, M.C.A. and Section 27.30.020, Kalispell
Zoning Ordinance.
1. Does the requested zone comply with the growth policy?
The property is designated by the Kalispell Growth Policy future land use map as
"Suburban Residential" which anticipates residential development with a density
of up to four dwelling units per acre. Because of the provision of public water
and sewer to the site, the proposed R-3 zoning designation is in compliance with
the future land use designation for the area. The R-3 zoning has a minimum lot
size requirement of 7,000 square feet with an overall gross density of the
proposed subdivision at 2.49 dwelling units per acre. This density is based on
the inclusion of a 2.29t acre common area proposed as part of the subdivision.
At 2.49 dwelling units per acre, the requested R-3 zoning and associated density
complies with the Suburban Residential designation for the property.
2. Is the requested zone designed to lessen congestion in the streets?
It can be anticipated that the proposed zone change of the property will increase
traffic impacts in the area due to the relatively low density of the area currently
and the relatively higher density allowed under the proposed city's R-3 zoning
district. Traffic impacts to the area can be accommodated with the existing
roadway systems and the new internal roads that will be developed as part of the
subdivision on the project site. The proposed zoning carries with it the checks
and balances, including the need for subdivision review, which will insure that
traffic flows and access are appropriately addressed.
3. Will the requested zone secure safety from fire, panic, and other dangers?
New construction will be required to be in compliance with the building safety
codes of the City which relate to fire and building safety. Adequate public
facilities are available to the site in the case of an emergency. All municipal
services including police and fire protection (including hydrants), water and
sewer service is available to the area and will be extended as part of the
development of this property.
4. Will the requested zone promote the health and general welfare?
The requested R-3 zoning classification will promote the health and general
welfare by restricting land uses to those which would be compatible with the
adjoining properties and provides a place for new housing in the community.
5. Will the requested zone provide for adequate light and air?
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell Zoning Ordinance to insure adequate light and air
is provided.
4
6. Will the requested zone prevent the overcrowding of land?
This area is designated as being within the Kalispell Potential Utility Service
Boundary in the Kalispell Growth Policy and is anticipated for suburban
residential development. Now that public water and sewer are available in the
immediate area, an R-3 zoning designation is appropriate. All public services
and facilities will be available to serve this subdivision.
7. Will the requested zone avoid undue concentration of people?
The allowable density for this property will change as a result of annexation.
However, future development will be single family in design and the project
proposes significant permanent open space. This project will not pose a negative
impact from undue concentration of people.
8. Will the requested zone facilitate the adequate provision of transportation water,
sewerage, schools, parks, and other public requirements?
All public services and facilities are currently available or can be provided to the
property. Development should be encouraged in areas where these services are
available. Fire, police, ambulance and public access are adequate to
accommodate potential impacts associated with the development of this site.
There will be impacts to services that can be anticipated as a result of this
proposal which can be met by the City. All public services and facilities are
currently available or can be provided to the property.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed R-3 zoning district is consistent with the surrounding zoning and
land uses in the area and gives due consideration of the suitability of this
property for the permitted uses in the district. Densities below what is being
proposed would not serve the community as a whole considering the level of
growth and interest in the type of lots that are being proposed. This area is on
the very urban/rural interface, but it can be anticipated that the city will
continue to grow in this direction with similar densities in the area.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is moving toward urban sized lots for
residential development on city sewer. The proposed zoning allows this
development to address needs within the community for housing and support
services in reasonable proximity to the city core. Availability of public water and
sewer to the area indicate that this type of development will continue to occur on
the urban fringes of the community to be developed with similar types of uses as
is proposed with this property, i.e. suburban or urban residential rather than
rural or agricultural uses. It appears that the proposed rezoning gives reasonable
consideration to the character of the district.
11. Will the proposed zone conserve the value of buildings?
The development anticipated under the proposed zoning is more intensive than
the land uses to the north and east of the project site. City standards will insure
that there is high quality development which will insure the value of buildings and
homes is protected, maintained and conserved. Value of the buildings in the area
will be conserved because the zoning will promote compatible and like uses on
this property as are found on other properties in the area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Urban scale residential development should be encouraged in areas where
services and facilities are available such as is being proposed on this parcel. The
proposed R-3 zoning is consistent with the future land use designations for the
area and surrounding zoning in the area.
II. REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT OF
COTTAGE GARDENS
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 is considered to be at low
risk of fire because the subdivision and homes within the subdivision would be
constructed in accordance with the International Fire Code and have access
which meets city standards. Hydrants will be required to be placed in
compliance with the requirements of the aforementioned code and approved by
the fire chief. The fire access and suppression system should be installed and
approved by the fire 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.
A temporary cul-de-sac at the south end of the project may be necessary and
required for access should the Cottage Gardens road infrastructure not ybe in
place at the time final plat is requested. Staff is recommending a condition to
6
require the construction of a temporary cul-de-sac between lots 7 and 8 to meet
city fire and safety standards if the Cottage Gardens road is not in place.
Flooding: Spring Creek is a mapped 100-year floodplain and is located on the
eastern edge of the 7.6 acre property. This is a nondelineated floodzone.
Currently, no development is proposed within the floodplain area. The
developer is proposing to place the creek and adjacent floodplain area within a
2.29 acre common area — only minor park amenities and a mowed trail with
interpretive signs have been proposed. There is an existing 10 to 15 foot wide
wood foot bridge crossing located within the floodplain which could potentially
provide pedestrian access to future neighboring subdivisions. No fill, exaction
of modifications to the floodplain should be allowed either during or after
development of this subdivision.
Because the floodzone is nondelineated, the applicants have partnered with the
surrounding developer's to obtain a detailed floodplain analysis which was
recommended by the city's Site Review Committee to determine the base flood
elevation for the area. The study conducted by Long Engineering has not yet
been adopted by the Federal Emergency Management Agency (FEMA) but will
be required to be approved by the agency prior to final plat and shown on the
plat itself. No lots will be allowed within the flood plain as defined by the
adopted study.
Access: Access to the subdivision will be provided by Mountain Vista Way
which currently ends at the eastern portion of Mountain Vista Phase I. The
road will be extended east between lots 1 and 19 of Phase IV and curves to the
south and continues that direction to connect to the Cottage Gardens
subdivision which would ultimately, when built, connect to Three Mile Drive.
Note that the portion of Mountain Vista Way located between lots 7 and 8 at the
south end of the project boundary sashays slightly to the west to line up with
Cottage Gardens. Kalispell's Public Works Department at the June 14, 2007
Site Review Committee meeting stated that the sashay needed to be
straightened out to meet city design standard. The internal roadways serving
all of the lots within the subdivision are proposed to be built to city standards.
In addition to the sidewalks provided within the subdivision, a 20-foot access
easement will be provided between lots 12 and 13 that will extend along the
common area from north to south and also to the existing wood bridge that
crosses Spring Creek. The trail will be mowed to maintain the natural feel of
the area.
Bicyclists may access Three Mile Drive via Mountain Vista Way at the northwest
end of the subdivision and eventually through the Cottage Gardens subdivision
at the southern boundary. Currently, the bike path is inconsistent; there are
sections of bike paths along Three Mile Drive where Mountain Vista Estates,
Blue Herron and Cottonwood subdivisions exist. The bike path starts again
west of Stillwater Road. Bike path connectivity in the area will improve as
development continues in this area or the city and county come up with
another means of connecting the trails.
On -site Improvements: The City of Kalispell has required past subdivisions to
complete a minimum of two-thirds of the necessary infrastructure (water,
sewer, roads, etc.) prior to filing the final plat. The city staff recommends this
7
condition on each plat because staff would like to insure that prior to issuing a
building permit on a new lot, there is access which meets the fire departments
minimum standards as well as water and sewer services. The City has in the
past allowed subdivisions to file a final plat and subsequent home construction
to begin prior to a majority of the infrastructure installed. Problems have
arisen in the past with insufficient water for fire suppression and sewer mains
not working properly as new homes are being occupied. Therefore, in order to
mitigate these potential impacts to the public's health and safety, staff is
recommending a condition requiring a minimum of two-thirds of the
infrastructure be installed prior to final plat.
B. Effects on Wildlife and Wildlife Habitat: Spring Creek defines the eastern
edge of the property boundary. The Spring Creek riparian area and floodplain
consist of native vegetation and a flowing fresh water stream which provide
habitat to a variety of avian, amphibian and aquatic species, among others.
Montana Fish, Wildlife and Parks (FWP) stated in an email dated June 28, 2007
that "cumulative negative impacts associated with urban development [on the
west side of Kalispell] such as overland runoff, pollutants and storm water
drainage threaten the high water quality we all enjoy." Mark Delaray, a FWP
biologist, indicated that Spring Creek located on the eastern boundary of this
project was in need of protection as the stream provides good riparian habitat
and noted over the phone on June 28, 2007 that there was an existing
reproducing trout fishery in Spring Creek. The agency recommended that a
minimum of 100 foot building setback be maintained and that the first 50 feet
remain a natural riparian buffer consisting of natural vegetation which excludes
fertilizers and lawn mowing. He noted that "this protection will help maintain
stable stream banks, filter upland pollutants and provide natural habitat." The
same recommendation was made for the Cottage Gardens subdivision to the
immediate south of the project site. The 100 foot building setback and 50 foot
buffer will be required to be shown on the final plat.
A 2.29 acre common area which includes open space, the floodplain and creek
is part of the common area space planned for the proposed 19 lot subdivision -
no lots or development would occur within this area. The common area will
include limited recreational amenities to retain the natural environment to the
extent possible and in effect minimize impacts. A mowed path will be
maintained along the buffered area and interpretive signs will be located along
the buffered area describing the natural history and species common to the
area as well as benches. A positive impact could be expected from the
environmental education component of the project.
In conclusion, the building setback and natural buffer, floodplain delineation
and restricted development, natural common area and required best
management practices for construction through the city's storm water
management program will help reduce inevitable impacts in the short and long
term to wildlife and habitat present in the area. As indicated previously there is
a risk of long term impacts to the stream, habitat and species due to the
increased presence in people and overland pollutants and runoff associated
with housing developments. However, the buffer recommended by FWP will
reduce these impacts. The homeowner's association would be responsible for
the common area which includes the floodplain and 50 foot buffer area.
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 runs along the eastern portion of the property and as indicated above,
FWP recommended a 100 foot building setback from the creek and the first 50
be maintained as a riparian buffer comprised of native vegetation with minimal
maintenance. FWP recommended the building setbacks to maintain high water
quality in Spring Creek and downstream waters.
Chapter 7, The Natural Environment, of the Kalispell Growth Policy 2020 lists
the following Goals and Policies which further support the Department of Fish,
Wildlife and Parks recommendations:
Goal 1
ENCOURAGE DEVELOPMENT THAT IS COMPATIBLE WITH OR ENHANCES
NATURAL RESOURCE VALUES INCLUDING AIR, WATER, SOIL AND
VEGETATION.
Goal 2
DEVELOPMENT NEAR ENVIRONMENTALLY SENSITIVE AREAS SHOULD BE
ACCOMPLISHED SO THAT THESE FEATURES ARE LEFT IN A RELATIVELY
UNDISTURBED STATE.
Goal 6
PROTECT WETLAND AND RIPARIAN AREAS SINCE THEY ARE IMPORTANT IN
FLOOD PROTECTION, MAINTAINING WATER QUALITY AND PROVIDING
HABITAT.
Policy 3
Development in environmentally sensitive areas including 100-year floodplain,
wetlands, riparian areas, shallow aquifers and on steep slopes may pose
inherent development limitations and design should be managed to avoid and
mitigate environmental impacts and natural hazards.
A Depth to Water Table map dated March 13, 2006 indicates the water table is
10-15 feet below the surface in the eastern portion of the site including the
floodplain area. The water table in the middle of the project area west of the
floodplain increases in depth measuring approximately 15-20 feet below the
surface. There is small portion of the property in the southwest corner where
the water table is estimated to be 20 to 50 feet in depth. The increase in depth
from the surface to the water table generally follows the Spring Creek floodplain
and depths increase as the topography rises to the south west portion of the
property. In areas where the water table is high, special consideration in the
construction of crawl spaces and basements should be taken and will be
reviewed at the time building permits are applied for. Therefore, staff
recommends a note be placed on the final plat stating that, if crawl spaces or
basements are included in construction plans and the water table in areas
where the ground water is close to the surface, developers need to incorporate
building techniques to deal with the high ground water accordingly.
Drainage: Three-quarters of this site is generally level, but the 7.6 acre parcel
does slope down to the northeast towards the Spring Creek floodplain .which is
marked by relatively steep yet rolling banks. 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.
The City of Kalispell recently adopted an ordinance to address erosion control
and stormwater pollution prevention. The new ordinance requires a developer
to obtain a city stormwater management permit and a State General
Construction Stormwater Discharge Permit Notice of Intent (NOI) and
Stormwater Pollution Prevention Plan (SWPPP) prior to any grading activities on
the site. These plans provide for managing stormwater on the site and include
stabilizing the construction site through an approved revegetation plan after
site grading is finished.
D. Effects on Local Services:
Water: Water service to the subdivision would be provided by the City of
Kalispell and likely extended from a water main located at the northwest
portion of property adjacent to Mountain Vista Estates. 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-way or from the neighboring Cottage Gardens or Mountain Vista Phase
I subdivisions. 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.
As part of the subdivision proposal, the engineer has indicated the need for a
lift station and the applicant is working with the Cottage Gardens developers to
construct an adequate device to serve both subdivisions.
Roads: Traffic projections for this subdivision are estimated to be
approximately 133 to 190 additional individual vehicle trips per day based on
the estimates of 7 - 10 vehicle trips per residence per day in the area onto Three
Mile Drive. The subdivision is designed to include two access points. Mountain
Vista Way is currently constructed to city standards and exists at the northwest
end of the property boundary at the northeast part of Maintain Vista Estates
Phase 1. This road is planned to extend south to connect to the Cottage
Gardens subdivision which ultimately ties into Three Mile Drive. Note that the
preliminary plat shows a slight sashay of the road on the south end of the
property to connect to the approved Cottage Gardens design and the Kalispell
Public Works Department indicated in the June 14, 2007 meeting that the
sashay would have to be adjusted to meet city standards. A cul-de-sac also is
planned which would be accessed from Mountain Vista Way roughly 300 feet
from the southern boundary of the property to provide access for lots 10
through 15. All the aforementioned roads will be dedicated to the city and
10
constructed to city standards which would include curb, gutter, sidewalks and
landscape boulevards.
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 yet in place assessed by the City of Kalispell, Flathead County or
the State of Montana, the impacts to the road will continue to be felt.
Therefore, the Planning Department is recommending that at a minimum a
waiver to protest the creation of a special improvement district for upgrading
roads impacted by the development, in this case it would be Three Mile Drive, to
city standards has been included as a recommended condition of approval.
Schools: This development is within the boundaries of the Kalispell School
District #5 (high school) and West Valley School (elementary). The school
districts could anticipate that an additional 9.5 school aged children might be
generated into the districts at full build out. Development along Three Mile
Drive will continue to have a potentially significant impact on the West Valley
School District, particularly on a cumulative level with other developments
pending in the area. A letter from Todd A. Fiske, Superintendent of West Valley
School, relayed the same concerns in a letter dated June 15, 2007. Mr. Fiske
stated that the school was nearing overcrowding and as development continues
to occur, impact fees should be considered to help offset costs to area schools
which are necessary to provide "positive and impacting education" to area
children.
Parks and Open Space: State and local subdivision regulations have
parkland/open space requirements for major subdivisions in the amount of 11
percent of the combined area of all land to be divided into lots one-half acre and
smaller. The area in lots is 4.23 acres creating an average lot size of 9,308
square feet, less than one-half an acre. Eleven percent of the combined area in
lots will require 0.46 acres in park area or cash in lieu equivalent. The
developer is proposing a park area approximately 2.29 acres (99,752 square feet
in size) along the eastern boundary of the property which is defined by the
Spring Creek riparian area. The common area will be accessed via a 20-foot
easement between lots 12 and 13 from the Mountain Vista Way cul-de-sac and
a mowed trail will be provided running north to south of the common area. A
10-12 foot bridge exists approximately 60 feet east of Lot 12. A portion of the
common area is located within the 100 year floodplain and as indicated in
section II, A., Flooding, a study has been conducted to delineate the floodzone
which would be required to be adopted prior to final plat. Lots and ultimately
the common area may be adjusted slightly as a result of the study as no lots or
development would occur within this area. A picture of the proposed park area
is shown in Figure 1 below.
11
Figure 2. View looking east from Mountain Vista Estates
Phase 1 of the 2.29 acre common area and Spring Creek
riparian area and floodplain.
The common area will include limited recreational amenities to retain the
natural environment to the extent possible and in effect minimize impacts. A
mowed path will be maintained running north and south of the creek, benches
and interpretive signs will be located along the buffered area describing the
natural history and species common to the area. Maintenance of the common
area is proposed as part of the homeowners association responsibilities.
The FWP recommended that a minimum 100-foot building setback be provided
from the creek and that the first 50 feet of that remain a natural riparian buffer
consisting of natural vegetation which excludes fertilizers and lawn mowing. In
a telephone conversation on June 28, 2007, Mark Delaray, requested that any
mowed trail intended for leisure be located to the furthest west of the creek
possible and absolutely outside of the 50 foot natural buffer area.
The Parks and Recreation Department reviewed the preliminary plan for park
land and/or common area for Phase IV of Mountain Vista Estates and is
supportive of the common area amenity plan and location. Five items were
agreed to at a meeting with the applicant on June 27, 2007 and the items listed
below will have to be completed, bonded for and/or adequately addressed prior
to final plat.
1. Access to the common needs to be placed between lots 12 and 13 - rather
than between lots 11 and 12 - to provide a more direct access.
2. A mowed path consisting of native grasses shall be provided from the cul-de-
sac as well as along a leisure trail running north and south along the Spring
Creek riparian area.
12
3. The horse pasture that is located across the creek to the east of the
proposed subdivision must be mitigated to prevent pedestrian/animal
conflicts.
4. Four benches shall be installed along the Spring Creek mowed trail running
north and south.
5. A minimum of three interpretive signs shall be placed along the trail running
north and south. The signs should be coordinated with the Fish, Wildlife
and Parks Department (FWP). Additionally, the signs need to be made out of
a metal thick enough to prevent vandalism and placed upon a mount that is
sturdy enough to prevent vandalism.
The Parks Department did note in the letter that the landscaping plan for
boulevards, trees and native vegetation for the common area had not been
reviewed or approved for the subdivision and as such, approval from the Parks
Department would be required prior to final plat and included as a condition of
approval at the preliminary plat stage.
The Parks and Recreation Department is also recommending a park
maintenance district be formed in order to provide funding for the on -going
maintenance of the park and open space areas should the city ever take over
the maintenance of these areas. However, the park maintenance district shall
not become effective until such time as any open space or parks are accepted
by the city of Kalispell.
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 department's 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 International Fire Code. The fire department is also
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.
Solid Waste: Solid waste will be handled by a private contractor for at least the
first five years 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 Medical Center 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 as
horse pasture land. There is currently a horse pasture located across Spring
Creek to the east of the proposed subdivision and mitigation is required to
prevent pedestrian/animal conflicts prior to final plat. Because of its limited
size and the presence of Spring Creek bisecting the property, it has limited
l�
agricultural potential. It can be efficiently and effectively used for urban
residential development. Its location and its proximity to urban services make
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.
Note that
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 dwelling units per acre and the requested R-3 zoning for the site
has an overall density of approximately 2.49 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-3,
an Urban Single Family Residential zoning district. The proposed lot sizes
range from 7,059 square feet to approximately 15,658 square feet. Some of the
lots plotted on the plat will be adjusted so no areas are inside the delineated
floodzone and floodplain and the common area access is relocated between lots
12 and 13. The lots proposed within the subdivision meet the minimum lot size
requirements and any modified lots would need to meet the minimum
requirements prior to final plat approval.
H. Compliance with the Kalispell Subdivision Regulations: This subdivision
does not deviate from the Kalispell Subdivision Regulations and no variances
are being sought.
RECOMMENDATIONS
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report KA-07-12 and recommend that initial zoning of
the 7.6 acre site be R-3 on the zoning district map for the property.
II. Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report KPP-07-08 as findings of fact and recommend to
the Kalispell City Council that the preliminary plat of Mountain Vista Estates
Phase IV, be approved subject to the following conditions:
CONDITIONS OF APPROVAL
General Conditions:
That the development of the site shall be in substantial compliance with the
application submitted, materials and other specifications as well as any
additional conditions associated with the preliminary plat as approved by the
city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat)
14
2. The preliminary plat approval shall be valid for a period of three years from the
date of approval. (Kalispell Subdivision Regulations, Section 2.04).
3. Prior to any excavation or earthwork, a City Stormwater Management Permit
shall be approved and issued from the Kalispell Public Works Department. In
accordance with Ordinance 1600, the permit shall include a permit application,
site map, narrative describing the best management practices to be used and a
completed checklist. In addition to the City Stormwater Management Permit
the developer shall submit a copy of the State General Construction Stormwater
Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention
Plan (SWPPP). At the time of final plat, the project engineer shall certify that the
development is in compliance with the approved City Stormwater Management
Permit. (Ordinance 1600 and Findings of Fact Section C)
Prior to final plat:
4. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards; and shall be certified in
writing by an engineer licensed in the State of Montana. All design work shall
be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infrastructure shall include but not be limited to
streets, street lighting, street signage, curb, gutter, boulevard and sidewalks.
(Kalispell Design and Construction Standards, project proposal)
5. The road connection planned at the southern portion of the subdivision to
Cottage Gardens shall be adjusted to meet city design standards and is subject
to review and approval from the Kalispell Public Works Department. The
adjusted road location shall be shown on the final plat and a letter from the
Public Works Department obtained stating the design is approved.
6. Water and sewer main extensions shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction
and Montana Public Works Standards. The water and sewer main extension
plans shall be reviewed and approved by the Kalispell Public Works
Department. Prior to final plat, a certification shall be submitted to the Public
Works Department stating that the water and sewer mains have been built as
designed and approved. (Kalispell Design and Construction Standards)
7. The developer shall submit to the Kalispell Public Works Department for review
and approval a stormwater report and an engineered drainage plan that meets
the requirements of the current City standards for design and construction.
Prior to final plat, a certification shall be submitted to the Public Works
Department stating that the drainage plan for the subdivision has been
installed as designed and approved. (Kalispell Design and Construction
Standards)
8. The developer shall submit to the Kalispell Public Works Department prior to
construction an erosion/sediment control plan for review and approval and a
copy of all documents submitted to Montana Department of Environmental
15
Quality for the General Permit for Stormwater Discharge Associated with
Construction Activities. (Kalispell Design and Construction Standards)
9. A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or a
proper bond has been accepted for unfinished work. (Kalispell Design and
Construction Standards)
10. The following note shall be placed on the final plat, "lots within the subdivision
may be in areas where the water table is high and that special consideration in
the construction of crawl spaces and basements in those areas is
recommended."
11. The following requirements shall be met per the Kalispell Fire Department and
so certified in writing by the 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 International Fire Code (2003) Appendix B.
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 International
Fire Code (2003) Chapter 5.
d. It shall be noted on the face of the plat that hazardous weed abatement shall
be provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the
road as "no parking fire lane."
12. A temporary cul-de-sac at the south end of the project shall be constructed at
the southern terminus of Mountain Vista Way if the road through the Cottage
Gardens subdivision is not in place prior to final plat. (Kalispell Fire
Department)
13. A letter shall be obtained from the Kalispell Parks and Recreation Director
approving a landscape plan for the placement of trees and landscaping
materials within the landscape boulevards of the streets serving the
subdivision. The approved landscape plan shall be implemented or a cash in
lieu payment for installation of the street trees and groundcover provided to the
Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations,
Section 3.11)
14, The area designated on the plat as common area shall meet the parkland
dedication requirements provided that it is developed as followed:
a. Access to the common needs to be placed between lots 12 and 13 -
rather than between lots 11 and 12 - to provide a more direct access.
b. A mowed path consisting of native grasses shall be provided from the
cul-de-sac as well as along a leisure trail running north and south along
the Spring Creek riparian area. The mowed trail intended fro leisure
16
within the common area shall be located to the furthest west of the creek
possible and absolutely outside of the 50 foot natural buffer area (Fish,
Wildlife and Parks)
proposed su-�-N44en mast be mitigated to prevent-pedestvran/anima
ems-
d. Four benches shall be installed along the Spring Creek mowed trail
running north and south.
e. A minimum of three interpretive signs shall be placed along the trail
running north and south. The signs should be coordinated with the
Fish, Wildlife and Parks Department (FWP). Additionally, the signs need
to be made out of a metal thick enough to prevent vandalism and placed
upon a mount that is sturdy enough to prevent vandalism.
The developer shall provide the Parks and Recreation Department with the
improvement plan for the department for review and approval. The developer
shall install the improvements prior to final plat in accordance with the
approved plan. (Kalispell Subdivision Regulations, Section 3.19, Findings of
Fact, Section D, Parks and Open Space)
Note: Any work within the floodplain requires a floodplain permit.
15. The 20-foot easement to the common area that shall be relocated between lots
12 and 13 shall be incorporated within the larger common area of the
subdivision and not on individual lots. (Findings of Fact, Section D, Parks and
Open Space)
16. A park maintenance district shall be formed incorporating all the lots within the
Mountain Vista Estates Phase IV subdivision. The park maintenance district
shall not be effective until such time as any open space or parks are accepted
by the city in which case the taxes levied within the maintenance district shall
be determined by the Parks and Recreation Department with approvals by the
Kalispell City Council.
17. A 100 foot building setback from the high waterline of Spring Creek and the 50
foot natural buffer shall be shown on the final plat. (Findings of Fact, Section
C, Surface and Groundwater)
18. The following note shall be placed on the final plat: "Property owner(s) shall
waive their right to protest the creation of a special improvement district for
road upgrades in the area to City standards which are impacted by this
subdivision." (Findings of Fact, Section D, Roads)
19. The road 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. A letter shall be obtained from the Kalispell Public Works
Department stating the naming and addressing on the final plat have been
reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09)
17
20. All existing and proposed easements shall be indicated on the face of the final
plat. Utility easements for City water and sewer shall be provided to allow for the
logical extension of utilities from this subdivision to adjoining properties. A letter
from the Kalispell Public Works Department shall be obtained stating that the
required easements are being shown on the final plat. (Kalispell Subdivision
Regulations, Section 3.18)
21. A detailed floodplain study shall be completed and accepted by FEMA
determining the base flood elevation for the floodplain area within the
subdivision. The final plat shall not be recorded and no significant earth
moving within 100 feet of the centerline of the creek shall be allowed until the
completion and acceptance of the study area. The newly delineated floodplain
shall be staked. The base flood elevation accepted by FEMA shall be indicated
on the final plat and no lots shall extend into the newly delineated floodplain.
(Findings of Fact, Section A, Flooding)
22. Prior to filing the final plat, a letter from the US Postal Service shall be included
stating the Service has reviewed and approved of the design and location of the
mail delivery site. The mail delivery site shall be installed or bonded for prior to
final plat. In addition, the mail delivery site and improvements shall also be
included in the preliminary and final engineering plans to be reviewed by the
Public Works Department. The mail delivery site shall not impact a sidewalk or
proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22)
23. Street lighting shall be located within the subdivision and shall have a full
cutoff lens so that it does not intrude unnecessarily onto adjoining properties.
(Kalispell Subdivision Regulations Section 3.09(L))
24. The following statement shall appear on the final plat: "The undersigned hereby
grants unto each and every person, firm or corporation, whether public or private,
providing or offering to provide telephone, telegraph, electric power, gas, cable
television, water or sewer service to the public, the right to the joint use of an
easement for the construction, maintenance, repair, and removal of their lines
and other facilities, in, over, under, and across each area designated on this plat
as "Utility Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
25. A homeowners association for the subdivision shall be created that includes a
provision for the maintenance of the common area along Spring Creek,
including the mowed path, 50 foot natural buffer, benches and signs. (Findings
of Fact, Section D, Parks and Open Space and project proposal)
On goinz conditions:
26. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
27. All areas disturbed during development shall be re -vegetated with a weed -free
mix immediately after development.
18
of Kalispell
Parks and Recreation
35 1" Ave East — P O Box 1997 — Kalispell MT 59903-1997
Phone: (406) 758-7960 Fax: (406) 758-7719
Email: cfincher@kalispell.com
TO: Nicole Johnson, Planning Department
FROM: Chad Fincher: Park Superintendent
CC: Mike Baker: Parks and Recreation Director
SUBJECT: Mountain Vista Phase IV
DATE: June 28, 2007
The Parks Department met with Narda Wilson on June 27, 2007, to discuss the fourth phase of
Mountain Vista. The following are the recommendations from the parks department regarding
the common area located east of the project.
l . Move lot twelve (12) over towards lot eleven (11) and separate lots twelve (12) and
thirteen (13) to provide a more direct access to the common area
2. A mowed path should provide access from the cul de sac to the common area. A mowed
strip of native grasses will provide a leisure trail running north and south along Spring
Creek.
3. The horse pasture must be mitigated to prevent pedestrian/animal conflicts.
4. Four benches to be installed along the Spring Creek mowed trail running north and south.
5. A minimum of three (3) interpretive signs placed along trail running north and south.
The signs should be coordinated with FWP. The signs need to be made out of a metal
thick enough to prevent vandalism and a mount that is sturdy enough to prevent
vandalism.
It should be noted that at this time the Parks Department has not reviewed or approved a
landscape plan for Phase IV.
West Valley 5ckool
2290 rarm to Market KoaJ, Kalispell, Montana 599O 1
2 Oc FE 9 VJ 1E
June 15, 2007 t � OD
J JUN 18 2007
City of Kalispell
Planning Department itALiSPELL PLANNING DRARTA EINlT
17 - 2nd Street East
Suite 211
Kalispell, MT 59901
RE: Proposed development project "Mountain Vista Estates"
Dear Planning Board,
In regards to the proposed development by Touchstone LLC for 19 lots in the
West Valley School district. As per all of the development that is occurring the same
concerns exist. Where to place the students in a school that is nearing overcrowding? As
developers continue to build infrastructure we must look at impact fees that help to off set
costs for area schools to be growing at the same rate.
As with any development we can be assured there will be children coming from
these areas. We, as always, plan to do the best job in our means to provide a positive and
impacting education.
Sincerely,
Tod A Fiske C
Superintenden
West Valley School
Todd FiAe - 5uperintenient/Principal * Dan Anderson - Assistant Principal
* Cindy Poley - District C lerL * Nancy Qsler - District Secretary
4Oo-j 55-725) `Pax40o-j 55_; 3OO
Take 4-6fMtn VistaEs_tabes_ Fag& 1_dn
Nicole Johnson
From: Deleray, Mark [MDeleray@mt.gov]
Sent: Thursday, June 28, 2007 5:17 PM
To: Nicole Johnson (E-mail)
Subject: Phase 4 of Mtn Vista Estates
Nicole Johnson,
Thank you for the opportunity to comment on Phase Four of the Mountain Vista Estates development proposal.
As lands on the westside of Kalispell become increasingly developed the need to protect watercourses also
increases. Cumulative negative impacts associated with urban development such as overland runoff, pollutants
and storm water drainage threaten the high water quality we all enjoy. On the eastside of this development in a
spring creek with good riparian habitat that is in need of protection. Montana Fish Wildlife and Parks
recommends a minimum of 100 foot building setback with the first 50 feet in a natural riparian buffer, consisting of
natural vegetation that excludes fertilization or lawn mowing. This protection will help maintain stable stream
banks, filter upland pollutants and provide natural habitat.
Mark Deleray
Fisheries Biologist
Montana Fish Wildlife and Parks
490 North Meridian Rd.
Kalispell, MT 59901
(406) 751-4543
mdeleray@mt.gov
iW'?Qi")nm
DRAFT
DECLARATION OF CONDITIONS
AND RESTRICITIONS
FOR MOUNTAIN VISTA ESTATES PHASE IV
THIS DECLARATION is made this day of 20 by
Touchstone LLC, hereafter referred to as "Declarant",
WHEREAS, Declarant is the owner of certain real property to the covenants,
conditions and restrictions hereinafter set forth, each of which is and are for the
benefit of said property and for each owner thereof and shall inure to the benefit of
and pass with said property and each and every parcel thereof, and shall apply to and
bind the successors in interest, and any owner thereof,
WHEREAS, Declarant is desirous of subjecting said real property to the
covenants, conditions and restrictions hereinafter set forth, each of which is and are
for the benefit of said property and for each owner thereof, and shall inure to the
benefit of and pass with said property and each and every parcel thereof, and shall
apply to and bind the successors in interest, and any owner thereof;
NOW, THEREFOR, the Declarant hereby declares that the real property
hereinafter described is and shall be held, transferred, sold and conveyed to the
covenants, conditions and restrictions hereinafter set forth;
1. The undersigned do hereby certify and declare that the following reservations,
conditions, covenants and agreements shall become and hereby are made part of all
conveyances of property owned by the undersigned, within the Plat of Mountain
View Estates Phase IV as the same appears in Plat recorded in the Office of the Clerk
& Recorder of Flathead County, Montana, of which conveyances and agreements
shall become a part by reference herein and to which it shall thereupon apply as fully
and with the same affect as if set forth at large herein.
In the event that it appears to the advantage of this platted subdivision that these
restrictions should be modified, then and in that event, any modification desired
may be made by affirmative vote of 80% of the then owners of lots within this
subdivision and evidence by suitable instrument filed for public record; or if such
event occurs during the development period such modifications or waiver of non
conformity may be evidenced by special permission granted in writing by the
undersigned or it successor interest.
2. No lot shall be used except for residential purposes. No building shall be erected,
altered, placed or permitted to remain on any lot other than the one detached single
family dwelling with not less than a two car garage, not to exceed two stories, plus
basement, in height, not to exceed 35 Ft. and a private garage for not less than one
car. However, the foregoing provisions shall not be interpreted to exclude
1-/
construction of a private greenhouse, garden shed, private swimming pool, or shelter
facilities, or port for the protection of such swimming pool, or other recreational
facilities, or for the storage of a boat and/or a camping trailer kept for personal use,
provided the location of such structures are in conformity with the applicable
municipal regulations, and are compatible in design and decoration with the residence
constructed on such lot.
3. The main floor area of the dwelling structure, exclusive of basement, open or
screened porches and attached garages, shall be no less than 1400 square feet for a
dwelling of one story or 1450 square feet for a dwelling of two stories, with no less
than 1000 feet on the main level. Split level dwelling shall contain a minimum floor
area of 1800 square feet, with all levels, exclusive of garage area within the dwelling
unity, included in computation of footage for such split level dwellings. Tri-level
dwellings shall have a minimum of 600 sq. ft. of living space per level. All single
family dwellings shall have no less than a two car garage.
4. All structures and appurtenances shall comply with City of Kalispell R-3 zoning.
5. Each owner of a lot with the subdivision shall construct a concrete driveway from
street to garage prior to occupancy of the dwelling. Then after the owner shall
maintain and repair their driveway. Structures shall be guttered and the run off water
shall be retained on site.
6. No noxious or offensive activity shall be carried on upon any lot, nor shall.
anything be done thereon which may be or may become an annoyance or nuisance to
the neighborhood, including but not limited to skateboard ramps, in or adjacent to,
any of the streets.
7. No structure of a temporary character, trailer, basement, tent, shack, garage, barn
or other outbuilding shall be used on any lot at any time as a residence, either
temporarily or permanently.
8. No sign of any kind shall be displayed to the public view on any lot except one
professional sign, not more than five square feet, advertising the property for sale or
rent, or signs used by a builder to advertise the property during construction and sale
period. An appropriate entrance sign is excepted here from.
9. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any
lot; other usual household pets may be kept, provided that they are not kept, bred, or
maintained for any commercial purpose, and provided that they are not permitted to
cause damage, constitute a nuisance, or run at large in the neighborhood.
10. No house trailer, camper, boat or trailer of any type shall be stored or parked in
the front yard or driveway portion of any lot, or on any street within the subdivision;
such storage area must be behind adjacent building line.
11. No building shall be erected, placed, or altered on any lot until the construction
plans and specifications, and a plan showing the location of the structure, have been
approved by the Architectural Control Committee, as defined below, as to quality of
workmanship and materials, harmony of external design with existing structures and
as to location with respect to topography and finish grade elevation. No fence or wall
shall be erected, placed or altered on any lot nearer to any street than the building
setback line, unless similarly approved.
12. The Architectural Control Committee shall initially consist of (2) persons
designed by the undersigned ("Initial Committee"). Upon the erection and
completion of family dwellings, intended for separate occupancy and ownership, on
all of lots within the subdivision, the Initial Committee shall turn control of the
Architectural Control Committee over to the residents of Mountain Vista Estates
Phase IV, whereupon a majority of the residents shall appoint (4) members from
within the subdivision. All appointed members from the subdivision shall serve a (1)
year term. In the event of death or'resignation of any member of the committee, the
remaining members shall have full authority to designate a successor for the balance f
that member's term The members committee shall not be entitled to any
compensation for services performed pursuant to this covenant. The committee's
approval or disapproval as required in these covenants shall be in writing. In the
event the committee fails to approve or disapprove within 30 days after plans and
specifications have been submitted to it, or in any event, if no suit to enjoin the
construction has been commenced prior to the completion thereof, approval will not
be required and the related covenants shall be deemed to have been fully complied
with. The Architectural Control Committee will approve plans and placement of
house on each lot at their own discretion and will not be responsible, or liable in any
event W, in the course of decisions, a house should block a portion of all of another's
view, or of any other dispute that may arise form the committee's decisions.
13. Approved projects must be completed within (6) months after issuance of a
building permit. Failure to complete work within the prescribed time will cause the
approval to be rescinded and resubmittal will be required. The Architectural Control
Committee may grant an extension under extenuating circumstances brought to its
attention.
14. Regarding the physical structure (i.e. family dwelling and fencing) itself, the
following will apply:
Roof: The roofing shall be composition material, or better,
with a minimum 20-year warranty.
Siding: Siding must be applied over the sheeting of a
framed wall.
Fencing: All fencing shall conform to city standards
regarding height.
Painting: All house colors must be approved by the
Architectural Control Committee.
15. Trees and shrubs or landscaping of any kind will be kept neat and orderly. The
front yard landscaping of each lot must be completed within three (3) months from
the date of completion of a family dwelling structure constructed thereon or prior to
occupancy, whichever event shall first occur. In the event of undue hardship due to
weather conditions, this provision may be extended upon written request to the
Architectural Control Committee. At least one tree must be planted in the front yard
prior to occupancy.
16. All vacant lots and lots with partially constructed improvements shall be kept
clear of any construction debris, and weeds and grass shall be kept mowed and not
allowed to grow to a height of more than six (6) inches.
17. No outdoor overhead wire or service drop for the distribution of electric energy.
All owners of lots within this subdivision, their heirs, successors, and assigns shall
use underground service wires to connect their premises and the structures built
thereof to the underground electric or telephone utility facilities provided. An
entrance panel of not less than 200 amp capacity and a District approved type meter
socket connected to a rigid metallic conduit of not less than two (2) inch diameter
extending from the meter to not less than eighteen (18) inches below the finished
ground surface, all to be installed and maintained at the expense of the builder or
owner of said dwelling, in conformity with applicable codes and regulation; it being
the intent herein that the homeowner shall also own, install and be responsible for the
maintenance of underground service conductors from the point of the Public Utility
District's delivery point on the property line to the service entrance panel on the
residence. One television antenna is allowed.
18. No oil drilling, oil development operations, oil refining, quarrying, or mining
operation of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks,
tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or
other structures designed for use in boring for natural gas shall be erected, maintained
or permitted upon any lot.
19. No lot shall be used or maintained as a dumping ground. Rubbish, trash,
garbage, or other waste shall not be kept except in sanitary containers, pending
collection and removal. All incinerators or other equipment for the temporary storage
or material shall be kept in a clean and sanitary condition.
20. These covenants are to run with the land and shall be binding on all parties and
all persons claiming under them for a period of thirty (30) years from the date these
covenants are recorded; after which time said covenants shall be automatically
extended for successive periods of ten (10) years, unless an instnunent signed by
majority of the owners of the lots has been recorded, agreeing to change said
covenants in whole or in part.
21. Enforcement shall be by proceeding at law or in equity against any person or
persons violating or attempting to violate any covenant, either to restrain violation, or
to recover damages. Invalidation of any one of these covenants by judgment or court
order shall in no way effect any of the other provisions, which shall remain in full
force and effect.
BY: Date:
STATE OF MONTANA )
:ss
County of Flathead )
On this day of , , before me, the undersigned,
a Notary Public for the State of Montana, personally appeared Touchstone LLC,
known to me to be the person whose names are subscribed to the within instrument,
and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year in this certificate last above written.
Notary Public for the State of Montana.
Residing at
My commission Expires
STATE OF MONTANA )
:ss
County of Flathead )
Recorded at the request of
this day of
at o'clock M and
recorded in the records of Flathead County, State of Montana.
Fee $ Pd.
RECEPTION NO.
RETURN TO
Flathead County Clerk and Recorder
Deputy
DECLARATION OF HOMEOWNERS
ASSOCIATION BY-LAWS OF MOUNTAIN VISTA ESTATES PHASE IV
THIS DECLARATION is made this day of 20i by
Touchstone LLC, hereafter referred to as "Declarant",
WHEREAS, Declarant is the owner of certain real property to the covenants,
conditions and restrictions hereinafter set forth, each of which is and are for the
benefit of said property and for each owner thereof, and shall inure to the benefit of
and pass with said property and each and every parcel thereof, and shall apply to and
bind the successors in interest, and any owner thereof;
WHEREAS, Declarant is desirous of subjecting said real property to the
covenants, conditions and restrictions hereinafter set forth, each of which is and are
for the benefit of said property and for each owner thereof, and shall inure to the
benefit of and pass with said property and each and every parcel thereof, and shall
apply to and bind the successors in interest, and any owner thereof;
NOW, THEREFOR, the Declarant hereby declares that the real property
hereinafter described is and shall be held, transferred, sold and conveyed to the
covenants, conditions and restrictions hereinafter set forth;
ARTICLE I
PROPERTY
The real property which is and shall be held, transferred, sold and conveyed
subject to the covenants, conditions, and restrictions hereinafter set forth, is located in
Flathead County, Montana, and is more particularly described as follows to wit:
ARTICLE R
DEFINITIONS
1. "Association shall mean the association of the lot owners of the property known
as Mountain Vista Estates Phase IV
2. "Owner" shall mean the record owner of a fee simple tide to any lot that is a
part of the Property, and shall include contract buyers but not contract sellers.
3. "Properly" shall mean the real property described in Article 1, Paragraph 1
above.
4. "Common Area" shall mean all real property owned by the Association for the
Common use and enjoyment of the owners but not limited to parks, trails, roadways,
easements, well sites, community cater system, recreational facilities, and surface or
storm water collection and drainage systems.
5. "Lot" shall mean all lots
ARTICLE III
PURPOSE
The property is subject to the covenants, conditions and restrictions hereby
declared to insure the best use and the most appropriate development and
improvement of each building site thereof, to protect the owners of building sites as
will appreciate the value of their property, to preserve so far as is practicable the
natural beauty of said property; to guard against the erection thereon of structures
built of improper or unsuitable material; to encourage and secure the erection of
attractive homes thereon; to adequately provide for a high quality of improvements on
said property and thereby enhance the values of improvements made by purchasers of
lots, to be responsible for operation and maintenance of the water system, waste
water and storm water facilities in accordance with requirements set forth by the
Montana Department of Health and Environmental Sciences and be responsible for
upkeep of the subdivision and common facilities.
ARTICLE IV
DEFfNITION OF OWNERSHIP
Section 1.07. "Lot" shall mean and refer to each of the 20 parcels of land which
are shown on the Plat of the Project which are intended for indiNidual ownership.
Section 1.08. "Lender" shall mean a mortgage holding a first mortgage on any
Lot or a beneficiary holding a first deed of trust on any Lot.
Section 1.09. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of fee title to any Lot, including contract sellers, but
excluding those having an interest in a Lot merely as security for the performance of
an obligation.
Section 1.10. "Plat" shall mean and refer to the plat of record in Case
of Maps, in the official records of the County Recorder of Flathead County, Montana
by which Declarant has subdivided the Project.
Section 1.11. "Project" shall mean and refer to all real property described herein,
and such additions thereto as may hereinafter be brought within the jurisdiction of the
Association.
Section 2.01. Easements of Enjoyment. Every Owner shall have a right and
easement of enjoyment in and to the Common Area which shall be appurtenant to and
shall pass with the title in every Lot, subject to the following provisions:
(a) The right of the Association to charge reasonable admission and other
fees for the use of any recreational facility situated upon the Common
Area.
(b) The right of the Association to suspend the voting rights and right to
use of the recreational facilities by an Owner for any period during
which any assessment against his Lot remains unpaid: and for a period
not to exceed sixty (60) days for any infraction of the published
Association Rules
(c) The right of he Association to dedicate, transfer or grant easements to
all or any part of the Common Area to any public agency, authority, or
utility for such purpose and subject to such conditions as may be
determined by the Board, including the right to transfer all or part of
the Common Area to the Mountain Vista Estates Phase IV Property
Owners Association, Inc.
Section 2.02. Delegation of Use Any Owner may delegate his right of
enjoyment to the Common Area and facilities to the members of his family, his
tenants, or contract purchasers who reside in the Project.
ARTICLE VI
MEMBERSHIP AND VOTING RIGHTS
Section 3.01. Membership. Every Owner of a Lot, which is subject to
assessment, shall be a member of the Association. Membership shall be appurtenant
to, and may not be separated from ownership of a Lot, which is subject to assessment.
Upon transfer of title to any Lot, the new Owner shall automatically succeed to
membership in the Association.
Section 3.02. Voting Classes. The Association shall have two classes of voting
membership.
Class A: Class A members shall be all Owners with the exception of the Declarant
and shall be entitled to one vote for each Lot owned. When more than one person
holds an interest in any Lot, all such persons shall be members. The vote for such Lot
shall be exercised as the members among themselves determine, but in no event shall
more than one vote be case with respect to any Lot.
Class B: The Class B member shall be the Declarant. The Declarant, as the Class
B member, shall solely be entitled to vote in Association affairs and shall elect all
members of the Board of Directors until the Class B membership shall cease and be
converted into Class A membership. The Class B membership shall cease and be
converted into Class A membership not later than 120 days after the happening of
either of the following events, whichever occurs earlier.
a. When 95% of the lots in the Project have been sold to owners by
the Declarant, or
b. On January 15, 200
Section 3.03. Board of Directors. The governing body of the Association shall
be the Board elected pursuant to the Bylaws. The Board shall consist of not less than
three 0 nor more than five 0 members. The Board may act to increase or decrease its
membership within the aforesaid limits and to fill vacancies in its membership for the
unexpired portion of any term Except as otherwise provided in the Declaration, the
Bylaws, or the Association Rules, the Board may act in all instances on behalf of the
Association. The Board shall adopt the Bylaws and Association Rules.
DATED this day of ,
Mountain Vista Estates Phase IV
By:
Touchstone LLC
STATE OF MONTANA )
ss.
County of Flathead )
On this day of , before me, the undersigned, a
Notary Public for the State of Montana, personally appeared before me Touchstone LLC,
known to me to the be the person whose names are subscribed to the within instrument,
and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year in this certificate last above written.
STATE OF MONTANA }
SS.
County of Flathead }
Recorded at the request of
This day of
Notary Public for the State of Montana
Residing at
My Commission Expires
at o'clock M and
recorded in the records of Flathead County, State of Montana.
Fee $ Pd.
RECEPTION NO.
RETURN TO
Flathead County Clerk and Recorder
Deputy
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VICINITY MAP SCALE 1" = 600'
rANNEXATION
HSTONE, LLC/MOUNTAIN VISTA ESTATES
& INITIAL ZONING OF R-3 (URBAN SINGLE
LY RESIDENTIAL) FROM COUNTY SAG-5 (SUBURBAN
CULTURAL) AND A PRELIMINARY PLAT WITH 19
LE -FAMILY LOTS ON `'.63 ACRES
�� ((�� r� q Tj �} p PLOT DATE 6/6/07
FILE # KA — `� f — 1 2 & i �P P — 0 7 — V H:\gis\site\lka07-l2.dwg
ew.ox. roocHsrorre u.c Preliminary Subdivision Plat of
MOUNTAIN VISTA ESTATES PHASE 4
I
SE 1/4 of the SW 1/4, Section 2, T28N R22W, P.M., M.
y _ Flathead County, Montana
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TRACT MAP
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City of Kalispell EJUN 04 2007
Planning Department
KA SPECS
'+:++..�e ..✓Lt hti ltV3L'.
17 - 2"a Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 75 1- 1850
Fax: (406) 751-1858
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT: fP-46W 9,-AA14 A-4 -
MAIL ADDRESS: 481 Al AWIP/A-Al AP
CITY/STATE/ZIP: xA'LaAgYe Alf 5 ft l PHONE: 111P6 4 781
INTEREST IN PROPERTY: b wwg-A5
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: AMAPA- W1,40AI
MAIL ADDRESS: 20-0• 8V A i76 7
CITY/STATE/ZIP: Mr $ f?�7 PHONE:
INTEREST IN PROPERTY: %eft 16orL- A-yyts1A-M�6
PLEASE COMPLETE THE FOLLOWING:
Address of the property: Almlg A65lemg;P
Legal Description: kj6a f0 Z6 77Ar�r l AM
(Lot and Block of Subdivision; Tract #)
5 oZ I' y* iv x Zz. w
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac) /. 43 A'c
The present zoning of the above property is:
The proposed zoning of the above property is: ddy of- mf4w4- 9-3
State the changed or changing conditions that make the proposed amendment necessary:
ANntf.9&w Ai P 9W4 c/1Y w
FV. f'o5� o f G.e 'i�f � .p- /9 ">' -6FR
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for Kalispell Planning staff to be present on the
property for routine inspection during the annexation process.
b b
(Apph ant (D te)
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein,express an intent to have the property as herein described
withdrawn from the W651 VNM Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated• and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from
providing solid waste services to this property for a minimum of 5 years from date of annexation.
Petitioner/O er bate
Petitioner/Owner Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to be annexed.
STATE OF MONTANA )
: ss
County of Flathead County
}ti
On this _day of j U kit, _, �G�C%, before me, the undersigned, a Notary Public for
the State of Montana, personally appeared AVID T. .. AIALk5A known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written. -1 - , , . . „ .. _. --n -A—
Notary Public "State of Montana
Printed Name T-EKRYA AX P,4 1 C:.
Residing at
My Commission expires: ��)1
STATE OF MONTANA )
ss
County of Flathead County
On this day of , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she'executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
STATE OF MONTANA )
ss
County of Flathead
Notary Public, State of Montana
Printed Name
Residing at
My Commission expires:
On this day of , before me, the undersigned, a Notary Public for
The State of Montana, personally appeared and
, the , and
respectively, of the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Printed Name
Residing at
My Commission expires
EXHIBIT A
LEGAL DESCRIPTION FOR MOUNTAIN VISTA ESTATES SUBDIVISION
ANNEXATION AND INTIAL ZONING
Parcel B el: LADS 17110
A tract of land situated. lying and being in fhe SW 114 of the SE 114
and the SE 114 of the SW 114 of Section 2, Township 28 North.
Range ?,? Wes 1, Principal Meridian, Flatheod Coun ty, Montana,
more particularly described as follows.
Commencing a# the Center-soulh 1/16 Corner at Section 2; th'ance
S 69046'55" W a distance of 65D. 43' to the TRUE PUIIl1T OF BEGINNING;
(hence N 89"46155" E a distance of 326.49' to the thread of Spring Creek
thence along said creep the fallowing courses:
S 14*33'02" E a dis-tahce of 32.68' to a point;
S 40*4356"E_ a distance of 29.29' to a point;
S 87°39'38" a distance of 37 06 ' 10 a point;
S 18102'43"E a distance of 44.18' io o point.
S 62146l6" E a distance of 10.68' to a point;
N 62'27'09" E a distance of 11.25' to a point;
N 32"2Q'44"E a distance of 29 73' to a point;
N 75"21'04"C a distance of 10.51' to o point;
S 53058'07"E d distance of 1924' to o point;
S 00°21'46 "' E a dislance of 13.66' to a point;
S 52"s'S27" E it distance of 23 63' to a paint;
N 35038'45" E a distance of 34.32' to a point,-
S 50°40I5" E o distance of 1755' to a porn!;
S 00'.33'58" W a distance ,of 6169' to a point;
S 34*,e635"E a distance at 40.50to o poml;
5 30`4128" E a distonce of 34 79' to a point;
N 86"06'.34"E a distance of 28.46' to a point;
S 52"3276 E o distonce ref 25.52' to a poinl,
S 15 2t'S4 " E a distance of 62. 04' to a point;
S 2815196" W a distance of 25_85' to a point.-
N 82011'59" W a distance of 24.67' to a point;
S 56°40'06" W a distance of 28.57' to a point;
S 14002''08" W a distance of 23 33' to a point;
S 16'19'38" W a distance of 43:24' to o point;
S 62°49'00" W er distance of 17.65' to a paint;
S 19*47'2O" W a distance of 19, 43' to a point,
S 44*44`49" Ea distance of 14.37' to o point,
S 081038'35" W a distance of 34.86' to a point;
S 54°30'15" E a distance of 2735' to a point;
S ,?8100'41" W a distanca of 2014' to o point,-
5 86°49 50" W a dislance of 48.38' to a point;
S 46*00'08" W a dislance of 80. 71" to o point;
S 16142"55" fir' a distance of 44 68' /o a point;
S 09*03'""' E a tisioneo of 39.87' to o point;
S 78°27 0 "' E* a distance of 50.88' to a paint;
S 0/032139" E a distance at 14.18' la o paint;
thence leaving said creek S B9154'09"E a dislance of 483.3l' to
a 515'robar.- 111ance .IV 00'3l`23"W a distance of 658 94' to a
Point of Beginning Containing 7.63 acres more or less_ Together
with and subject to o// easements as sfiawn and of record.
F l,r }
Cityof Kalis ell
� p JUN 04 2007 �
Planning Department
KALISPELL PLAiNdNING DEMTMIEc !T
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION
FEE SCHEDULE: FEE ATTACHED Ka
Major Subdivision (6 or more lots) $750 + $105/lot
Mobile Home Parks & Campgrounds (6 or more spaces) $750 + $105/space
Amended Preliminary Plat
Amendment to Conditions Only $350 base fee
Re -configured Proposed Lots Base fee + $40/lot
Add Additional Lots or Sublots. Base fee + $105/lot
Subdivision Variance $100 (per variance)
Commercial and Industrial Subdivision $950 + $125/lot
SUBDIVISION NAME: M&=A& yzJS &vT_f__5 Apt 4
OWNER(S) OF RECORD:
Phone !` - 7.S.5 470
9
Mailing Address /ZSa A/ 87AC.PlA-/Il Ab
City A,E}L / 1.,L _ State Xr Zip S99/Z
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
Name & Address Aft A WIVOAl AM 1767 L�(/yN;EA& Of;f 7 - ePV$46A^r
Name & Address A7PNk r 71#5 Ar .TWA Art/ 1kAai.VA4_ •' *1
Name & Address
LEGAL DESCRIPTION OF PROPERTY:
Property Address %VON- A!kWk)2
Assessor's Tract No(s) I bfA Lot No(s) Nlp`
1/4 Sec _ Section P Z- Township Z0 _ Range ZZ
GENERAL DESCRIPTION OF SUBDIVISION:
Number of Lots or Rental Spaces � Total Acreage in Subdivision 1.43_
Total Acreage in Lots A6 Minimum Size of Lots or Spaces 15,4�15
Total Acreage in Streets or Roads . Z $ Maximum Size of Lots or Spaces 7,1Sf 4r
Total Acreage in Parks, Open Spaces and/or Common Areas 1• Z 9
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family �_ Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other
APPLICABLE ZONING DESIGNATION & DISTRICT 4I7Y R : 3
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS 41
IMPROVEMENTS TO BE PROVIDED:
Roads: Gravel Paved 2
Curb Gutter
Sidewalks Alleys Other
Water System: Individual
Multiple User
Neighborhood Public Other
Sewer System: Individual
Multiple User
Neighborhood Public )4 Other
Other Utilities: Cable TV
Telephone _Electric Gas _ _4 Other
Solid Waste: Home Pick Up
Central Storage
Contract Hauler C. Owner Haul
Mail Delivery: Central _N Individual School
District:
Fire Protection: Hydrants C Tanker Recharge
_ Fire District:
Drainage System:
�JS/4/Ai JtC%J!
&4,,� f.M 171i1 /?/Di1
PROPOSED EROSION/SEDIMENTATION CONTROL: A&V—,` 10 6;F
T 167VRPr--17 AgOrh v ]IM isles AXAC /YI.V - 'fiWR911AA-1 ZR95/DW
W14— PA Mt7— AP Arf A?Vf7N4WX00 YZ4i1VA -?— )%AAI
VARIANCES: ARE ANY VARIANCES REQUESTED? (yes/no) If yes,
please complete the information below: NO
SECTION OF REGULATIONS CREATING HARDSHIP: & 11A-
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE
WITH REGULATIONS
iu
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE
REGULATIONS:
/V ZA
2
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW:
1. 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, Master Plan or Growth Policy?
4. Are there special circumstances related to the physical characteristics of the site
(topography, shape, etc.) that create the hardship?
S. 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
Kalispell Planning Department at least thirty five (35) days prior to the date of the
Planning Board meeting at which it will be heard.
1. Preliminary plat application.
2. 10 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 List (see example below and attached notice
from County Plat Room) :
Assessor# Sec-Twu-Rs Lot/Tract No Property Owner & MailbW 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 Kalispell Planning staff to be present on the
property for routine monitoring and inspection during the approval and development
process.
WAA
:l
(Date)
City of Kalispell
PIanning Department
17 - 2' Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
MEMORANDUM
TO: Kalispell City Staff
Other Interested Parties
FROM: Sean Conrad, Senior Planner
RE: June 14+h Site Review Committee meeting
DATE: June 6, 2007
The Planning Department has received the following applications for review:
• A request by Montana Sky Networks to construct a tower which exceeds the
permitted 40-foot height limit in the H-1 (Health Care) zoning district. The
proposed tower would serve Montana Sky Networks, an internet provider, and
be 60 feet in height. Section 27.12.404 of the Kalispell Zoning Ordinance
allows structures up to 60-feet in the H-1 zoning district provided a conditional
use permit is first obtained. The proposed tower would be located on the south
end of the existing building located at 1286 Burns Way, the current location of
Montana Sky Networks. The property can be legally described as lot 13 of
Highland Park Professional Subdivision located in Section 6, Township 28
North, Range 21 West.
A request by Touchstone LLC for annexation, initial zoning and preliminary plat
on a 7.6 acre tract of land located off of Three Mile Drive. The owner is
requesting to annex into the city of Kalispell and has requested the R-3, Urban
Single Family Residential, zoning district. The owner has also applied for a
preliminary plat to create 19 lots ranging in size from 7,000 square feet to
approximately 15,600 square feet. The tract of land is located immediately east
of Mountain Vista Estates Phase 1 subdivision and can be legally described as
Assessor's Tract 1BFA located in Section 2, Township 28 North, Range 21 West.
A request by Ashley Heights, LLC for annexation and initial zoning on a 11.1
acre tract of land located on the south side of Sunnyside Drive approximately
500 feet west of the intersection of Sunnyside Drive and Ashley Drive. The
owner is requesting the R-2, Single Family Residential, zoning district upon
annexation into the city of Kalispell. The owner has also applied for a
preliminary plat to create 26 lots ranging in size from 9,600 square feet to
approximately 17,880 square feet on an 8.5 acre portion of the 1 i.1 acre tract
of land. There is a currently a house, addressed as 1204 Sunnvside Drive, and
a shop located on the 11.1 acre tract of land. The tract of land can be legally
described as Government Lot 1, Assessor's Tract 10 located in Section 19,
Township 28 North, Range 21 West.
A revised preliminary plat request by Wayne Turner to create 396 single family
residential lots and 184 condominium units located within 17 multi -family
buildings. The subdivision is proposed to be developed in six phases and
includes a park and open space areas along Ashley Creek. The owner is also
requesting a growth policy amendment on a portion of the 140 acre site,
annexation and initial zoning of R-3, Urban Single Family Residential, and a
Planned Unit Development (PUD) overlay zoning district on the entire site. The
project site can be described as Tracts 7AB, 1, 1F, 1FA, 1DA, 1D, 1E, 1BB,
1BA, 1B, lFB, and 1AI in Section 13, Township 28 North, Range 22 West.
If you need additional information regarding the above proposals please call me. Any
comments on the above projects should be in to the Planning Department by June
25th. The Site Review Committee meeting is held at 10:00 a.m. on Thursdays at the
Building Department located at 411 - Ist Avenue West in Kalispell. Thank you for
taking the time to review and comment.
c: w/ attachments: Mike Baker, Parks and Recreation Director
Paul Burnham, Civil Engineer
Frank Castles, Dep. Public Works Director/Asst City Engineer
Jeff Clawson, Plans Examiner
Mark Crowley, Construction Manager
Chad Fincher, Parks Superintendent
Jim Hansz, Public Works Director/ City Engineer
Charles Harball, City Attorney
Roger Krauss, Assistant Police Chief
Craig Kerzman, Chief Building Inspector
James Patrick, City Manager
F. Ray Ruffatto, Fire Department Inspector
P.J. Sorensen, Zoning Administrator
Susie Turner, Stormwater Engineer
Sandy Wheeler, Community Redevelopment
c: w/ attachments: Agencies Jim Atkinson, Eagle Transit
James Freyholtz, MDT, Civil Engineering Specialist
B.J. Grieve, Assistant Director, Flathead County
Planning and Zoning
c: w/o attachments: Applicants
CERTIFICATION
APPLICANT: Touchstone, LLC/Mountain Vista Estates
FILE NO: KA-07-12 & KPP-07-08
I, the undersigned certify that I did this date mail via First Class Mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property that is requesting annexation & initial zoning
and preliminary plat.
S-T-R: 2-28-22
Tract/Lot: 1BFA
Property Owners:
Touchstone, LLC
1289 N. Meridian Road
Kalispell, MT 59901
Narda Wilson
P.O. Box 1767
Whitefish, MT 59937
Sands Surveying
2 Village Loop
Kalispell, MT 59901
R E/ M � � � �
Date: & /aa-Ld 7
AND ATTACHED LIST
Touchstone, LLC Marquardt & Marquardt
NWMT Holdings, LLC Narda Wilson Surveying
P.O. Box 1767
1289 N. Meridian Road Whitefish, MT 59937 285 - lst Avenue EN
Kalispell, MT 59901 Kalispell, MT 59901
Robert & Patricia Beberg
P.O. Box 7983
Kalispell, MT 59904
Joe Bottomly
Sheila Conners
250 Lakeshore Drive
Kalispell, MT 59901
Matt Anderson Construction
243 Buttercup Loop
Kalispell, MT 59901
James Bailey
292 El Rancho Road
Kalispell, MT 59901
Timothy & Marci Knoll
6 Carnegie Drive
Kalispell, MT 59901
Charles & Eve Dixon
410 Lake Hills Lane
Kalispell, MT 59901
Chris Vidulich
P.O. Box 85
Somers, MT 59932
Bret & B. Colleen Taylor
242 Fairview Drive
Kalispell, MT 59901
Carleen Severson
685 Three Mile Drive
Kalispell, MT 59901
Hathaway Holdings, LLC
P.O. Box 329
Kila, MT 59920
Jeffrey Turner
332 E. Bowman
Kalispell, MT 59901
Jeremy Selders
P.O. Box 5129
Kalispell, MT 59903
Appex 1, LLC Samantha Nichols Fetveit City of Kalispell
10 E. Roanoke Street, Ste 8 P.O. Box 8173 Attn: City Clerk
Seattle, WA 98102 Kalispell, MT 59904 P.O. Box 1997
Kalispell, MT 59903
City of Kalispell
Planning Department
17 - 2°d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplaming.com
You are being sent this notice because you are a property owner within 150 feet of the
proposed project noted below and will be most directly affected by its development.
You have an opportunity to present your comments and concerns at the meeting
noted below. You may contact this office for additional information.
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING
JULY 10, 2007
The regular meeting of the Kalispell City Planning Board and Zoning Commission is
scheduled for Tuesday, July 10, 2007 beginning at 7:00 PM in the Kalispell City
Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning
board will hold a public hearing and take public comments on the following agenda
items. The Board will make a recommendation to the Kalispell City Council who will
take final action.
A request from Wayne Turner for a growth policy amendment from industrial to
suburban residential, annexation and initial zoning classification of R-3, Urban
Single Family Residential, on an approximately 24.5 acre portion of a 164.5
acre project site. In addition, the developer is requesting a Planned Unit
Development (PUD) overlay zoning district on a 140t acre portion of the 164.5
acre project site. The developers have also requested approval of Willow Creek,
a preliminary plat to create 322 single family lots, 74 townhouse lots and 6 lots
which would accommodate multi -family buildings. A total of 17 multi -family
buildings are proposed over the 6 multi -family lots and would allow up to 184
condominium units. The property is in the County zoning jurisdiction and is
zoned R-1, Suburban Residential, and 1-2, Heavy Industrial. The property is
located on the north side of Foys Lake Road at the intersection of Foys Lake
Road and Valley View Drive. The properties included in the overall project site
can be described as Tracts 1, IAI, 1B, IBA, 1BB, 1D, IDA, IE, IF, IFA, 1FB,
and 7AB located within the N 1/2 of the N 1/2 of the S 1/2 of Section 13, Township
28 North, Range 22 West.
2. A request by Ashley Heights, LLC for annexation and initial zoning on an 11.1
acre tract of land located on the south side of Sunnyside Drive approximately
500 feet west of the intersection of Sunnyside Drive and Ashley Drive. The
owner is requesting the R-2, Single Family Residential, zoning district upon
annexation into the city of Kalispell. The owner has also applied for Ashley
Heights, a preliminary plat to create 26 lots ranging in size from 9,600 square
feet to approximately 17,880 square feet on an 8.5 acre portion of the 11.1 acre
tract of land. There is a currently a house, addressed as 1204 Sunnyside
Drive, and a shop located on the 11.1 acre tract of land. The tract of land can
be legally described as Government Lot 1, Assessor's Tract 10 located in
Section 19, Township 28 North, Range 21 West.
3. A request b_v Montana Sky Networks to construct a tower which exceeds the
permitted 40-foot height limit in the H-1 (Health Care) zoning district. The
proposed tower would serve Montana Sky Networks, an internet provider, and
be 60 feet in height. Section 27.12.404 of the Kalispell Zoning Ordinance
allows structures up to 60-feet in the H-1 zoning district provided a conditional
use permit is first obtained. The proposed tower would be located on the south
end of the existing building located at 1286 Burns Way, the current location of
Montana Sky Networks. The property can be legally described as lot 13 of
Highland Park Professional Subdivision located in Section 6, Township 28
North, Range 21 West.
4. A request by Touchstone LLC for annexation, initial zoning and preliminary plat
on a 7.6 acre tract of land located off of Three Mile Drive. The owner is
requesting to annex into the city of Kalispell and has requested the R-3, Urban
Single Family Residential, zoning district. The owner has also applied for
Mountain Vista Estates, Phase 4, a preliminary plat to create 19 lots ranging in
size from 7,000 square feet to approximately 15,600 square feet. The tract of
land is located immediately east of Mountain Vista Estates Phase 1 subdivision
and can be legally described as Assessor's Tract 1BFA located in Section 2,
Township 28 North, Range 21 West.
5. A request by Craig -Craig Rentals, LLC for annexation and initial zoning of two
tracts of land that encompass 1.385 acres located on the southern end of
Kalispell's commercial and industrial entrance corridor. The applicant is
requesting a B-2, General Business, zoning designation upon annexation. The
two properties proposed for annexation are located on the west side of US
Highway 93 approximately three-quarters of a mile south of Kelly Road and
one-third of a mile north of Lower Valley Road/Cemetery Road. The Fire Place
Center, which is currently on the property is addressed 2790 Highway 93
South, Kalispell, Montana 59901. The property can legally be described as
tracts 5CC and 5CCD located in Section 20, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana.
Documents pertaining to the agenda items are on file for public inspection at the
Kalispell Planning Department, 17 Second Street East, Suite 211, Kalispell, MT 59901,
and are available for public review during regular office hours.
Interested persons are encouraged to attend the hearing and make their views and
concerns known to the Board. Written comments may be submitted to the Kalispell
Planning Department at the above address, prior to the date of the hearing, or you may
call us at (406) 751-1850, or e-mail us at planning&kcalispell.com for additional
information.
No.11974 Drive and As" Drive.
The owner is requesting
NOTICE OF PUBLIC
HEARING
KALISPELL CITY
PLANNING BOARD
AND ZONING COM-
MISSION
JULY 10, 2007
ate 26 lots ranging in
The regular meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uled for Tuesday, July
10, 2007 beginning at
7:00 PM in the Kalispell
City Council Chambers,
Kalispell City Hall, 312
First Avenue East, Ka-
lispell. The planning
board will 'hold a public
hearing and take public
comments on the follow-
ing agenda items. The
Board will make a rec-
ommendation to the Ka-
lispell City Council who
will take final action.
1. A request from
Wayne Turner for a
growth policy amend-
ment from industrial to
suburban residential,
annexation and initial
zoning classification of
R-3, Urban Single Fami-
ly Residential, on an ap-
proximately 24.5 acre
portion of a 164.5 acre
project site. In addition,
the developer is re-
questing a Planned Unit
Development (PUD)
overlay zoning district
on a 140t acre portion
of the 164.5 acre project
site. The developers
have also requested ap-
proval of Willow Creek,
a preliminary plat to cre-
me 322 single family
lots, 74 townhouse lots
and 6 lots which would
accommodate multi-
family buildings. A total
of 17 multi -family build-
ings are proposed over
the 6 multi -family lots
and would allow up to
184 condominium units.
The property is in the
County zoning jurisdic-
tion and is zoned R-1,
Suburban Residential,
and 1-2, Heavy Industri-
al. The property is locat-
ed on the north side of
Foys Lake Road at the
intersection of Fovs
Lake Road and Vallev
View Drive. The proper-
ties included in the over-
all project site can be
described as Tracts 1,
1 AI, 1 B, IBA. 1 BB, 1 D.
1 DA, 1 E, 1 F, 1 FA, 1 FB,
and 7AB located within
the N 1/2 of the N 112 of
the S 1/2 of Section 13,
Township 28 North,
range 22 West.
A request by AShlav
ieignts, LLC for annex-
ilrcn end initial Zonmq
n an I acre tract of
,3uth it� ;)i Sunnvgetie
6 •�u,uxirnare!v 500
Jt the inter-
ecti SunnysIOP
the R-2, Single Family
Residential, zoning dis-
trict upon annexation in-
to the city of Kalispell.
The owner has also ap-
plied for Ashley Heights,
a preliminary plat to ore -
size from 9,600 square
feet to approximately
17,880 square feet on
an 8.5 acre portion of
the 11.1 acre tract of
land. There is a current-
ly a house, addressed
as 1204 Sunnyside
Drive, and a shop locat-
ed on the 11.1 acre tract
of land. The tract of land
can be legally described
as Government Lot 1,
Assessor's Tract 10 lo-
cated in Section 19,
Township 28 North,
Range 21 West.
3. A request by Mon-
tana Sky Networks to
construct a tower which
exceeds the permitted
40-foot height limit in
the H-1 (Health Care)
zoning district. The pro-
posed tower would
serve Montana Sky Net-
works, an Internet pro-
vider, and be 60 feet in
height. Section
27.12.404 of the Kalis-
pell Zoning Ordinance
allows structures up to
60-feet in the H-1 zon-
ing district provided a
conditional use permit is
first obtained. The pro-
posed tower would be
fecated on the south
Mol of the existing build-
ing located at 1286
Burns Way, the current
location of Montana Sky
Networks. The property
can be legally described
as lot 13 of Highland
Park Professional Sub-
division located in Sec-
tion 6, Township 28
North, Range 21 West.
4. A request by
Touchstone LLC for an
nexation, initial zoning
and preliminary plat on
a 1.6 acre tract of land
located off of Three Mile
Drive. The owner is re-
questing to annex into
the city of Kalispell and
has requested the R-3,
Urban Single Family
Residential. zoning dis-
trict. The owner has al-
so applied for Mountain
Vista =states, Phase 4,
a preliminary plat to cre-
ate 19 lots ranging in
size from 7,000 square
feet to approximately
15,600 square feet. The
tract of land is located
immediately east of
Mountain Vista Estates
Phase 1 subdivision And
can be legally described
as Assessor's Tract
1 BFA located in Section
2. 28 North,
R:-nna?1 Wass.
5. A request by Cram
Craig Rentals, LLC fc
annexation and initi<
zoning of two tracts c
land that encompas
1.385 acres located ot
the southern end of Ka
lispell's commercial ant
industrial entrance corn
dor. The applicant is re-
questing a 8-2, Genera
Business, zoning desig.
STATE OF MONTANA
nation upon annexation.
The two properties pro-
posed for annexation
FLATHEAD COUNTY
are
del ofated US High
sway 93
approximately three -
AFFIDAVIT OF PUBLICATION
quarters of a mile south
of Kelly Road and one-
third of a mile north of
Lower Valley
RICHELLE BROUWER BEING DULY
The Fine Place Cen Road,
SWORN, DEPOSES AND SAYS: THAT SHE, IS THE
which is currently on the
LEGAL CLERK OF THE DAILY INTER LAKE A
property is addressed
sou h, Mon
DAILY NEWSPAPER OF GENERAL CIRCULATION
Kalispell, a3
na 59901. The property
PRINTED AND PUBLISHED IN THE CITY OF
Iegtrractsb
KALISPELL, IN THE COUNTY OF FLATHEAD,
ash 5CCcnand
tion Township
STATE OF MONTANA, AND THAT NO. (IGj 71
20, 28
North, Range 21 West,
LEGAL ADVERTISMENT WAS
tty, Montanathead Coun-
PRINTED AND PUBLISHED IN THE REGULAR ANF Documents pertaining
ENTIRE ISSUE OF SAID PAPER, AND IN EACH ANI to 1,
forepublicenspec
EVERY COPY THEREOF ON THE DATES OF
tion at the Kalispell
Sk41 '40t)-�
Planning Department,
17 Second Street East,
Suite 211, Kalispell, MT
59901, and are availa-
AND THE RATE CHARGED FOR THE ABOVE
du for public review
PRINTING DOES NOT EXCEED THE MINIMUM
during regular office
hours.
GOING RATE CHARGED TO ANY OTHER interested persons are
encouraged to attend
ADVERTISER FOR THE SAME PUBLICATION, the hearing and make
SET IN THE SAME SIZE TYPE AND PUBLISHED their views and c
cerns known to the the
FOR THE SAME NUMBER OF INSERTIONS. Board. Written com-
ments may be submit-
ted to the Kalispell Plan-
ning Department at the
above address, prior to
the date of the hearing,
or you Subscribed and sworn to (406) 751 18501, or et
mail us at
Before me this LA'rt planning@kalispell.com
for additional informa-
tion.
/&/Thomas R. Jentz
Thomas R. Jentz
Planning Director
June 24, 2007
Notary Public for the State of Montana
Residing in Kalispell
My Commission expires