Staff Report/CUP TownhousesREPORT TO:
FROM:
SUBJECT
MEETING DATE:
Tri-City Planning Office
17 Second Street Fast — Suite 211
Kalispell, Montana 59901
Phnnv- (d(16l 71;9-tRI;
Fax: (406) 751-1858
tricity@centnrytel. net
www.tricitypianning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
Conditional Use Permit -- Townhouses - Amended Plat of
Cottonwood Park Subdivision - Three Mile Drive and Stillwater Rd
June 6, 2005
BACKGROUND: This is a request by request by Andy Silvers for a conditional use
permit to convert four single family lots within the Cottonwood Park Subdivision into
four two unit townhouse lots in an R-3 Urban Single Family Residential zone. This
would increase the total number of lots in the Cottonwood Park subdivision from 35
single family lots to 31 single family lots and eight two unit townhouses for a total of
39 lots. Townhouses are allowed in the R-3 zoning district as a conditionally
permitted use.
The Kalispell Planning Board held a public hearing on May 10, 2005 regarding the
proposal. The staff recommended approval subject to conditions in the staff report. At
the public hearing, the applicant's representative spoke in favor of the request. There
was no one else who spoke at the public hearing.
After the public heating the board discussed the project and a motion was made and
passed on a unanimous vote to recommend to the Kalispell City Council that the
conditional use permit be approved subject to conditions.
RECOMMENDATION: A motion to approve the conditional use permit would be in
order.
FISCAL EFFECTS:
ALTERNATIVES:
Respectfully submitted,
Narda A. Wilson
Senior Planner
Minor positive impacts once fully developed.
As suggested by the city council.
Report compiled: June 1, 2005
c: Theresa White, Kalispell City Clerk
James H. Patrick
City Manager
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
CUP — Amended Plat for Cottonwood Park
June 1, 2005
Page 2
Attachments: Transmittal letter
Staff report #KPP-05-5 and application materials
Draft minutes from 5/ 10/05 planning board meeting
TRANSMIT\KALISPEL\2005 \KCUP5-5, MEMO
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Andy Silvers
PO Box 5181
Kalispell, MT 59903
LEGAL DESCRIPTION: Assessor's Tract 4C, Cottonwood Park Subdivision, located in
Section 2, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana
ZONE: Urban Single Family Residential, R-3
The applicant has applied to the City of Kalispell for a conditional use permit to convert four
single family lots to four two -unit townhouse lots in the Cottonwood Park Subdivision. Townhouses
are conditionally permitted in the R-3 zone subject to certain provisions, including density
limitations.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
May 10, 2005, held a public hearing on the application, took public comment and recommended that
the application be approved subject to certain conditions.
After reviewinL- the application, the record, the TCPO report, and after dulvconsidering the
matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Tri-City Planning Office, Conditional Use Report #KCU-05-5 as the Council's findings of
fact, and issues and grants to the above -described real property a conditional use permit to allow the
conversion of four single family lots to four two unit townhouse lots in the Cottonwood Park
Subdivision in an R-3, Urban Single Family Residential zoning district subject to the following
conditions:
That the development of the site shall be in substantial compliance with the application
submitted, the site plan, 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. That an amended preliminary plat be filed for the proposed eight townhouse lots. (Kalispell
Subdivision Regulations).
3. That the plans and specifications for all public infrastructure be designed and installed in
accordance with the Kalispell Design and Construction Standards and a letter shall be obtained
stating that they have been reviewed and approved by the Kalispell Public Works Department.
(Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01).
4. That a minimum 20-foot buffer strip shall be established along Three Mile Drive and along
Stillwater Road between the roads and the subdivision that would include a bike and pedestrian
trail and buffering in the form of berming or landscaping or both. These improvements are to
be coordinated with the Kalispell Public Works Department, Parks and Recreation Department,
Flathead County Road Department and Montana Department of Transportation.
S. Demonstrate that development within the 40 by 40 foot building area for proposed Lot 36 can
be achieved without disturbance or filling the 100 year floodplain area and that the required
setbacks can be met. (Kalispell Site Development Review Committee).
6. That a letter be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the five foot
landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision
Regulations, Section 3.11).
7. That the area designated on the plat as "park" shall satisfy in part the requirements for parkland
dedication and shall be developed in accordance with a plan approved by the Kalispell Parks
and Recreation Director that provides recreational amenities including but not limited to
pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational
component within the development and not simply left as passive open space. The developer
shall attempt to coordinate with the developer of Blue Heron Estates and the Kalispell Parks
and Recreation Department to develop a park that is integrated with the park development plans
for Blue Heron Estates to the west. (Kalispell Subdivision Regulations, Section 3.19).
S. The following requirements shall be met per the Kalispell Fire Department: (Kalispell
Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at annroved locations_ Minimum fire flows shall be in accordance with the
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)
Section 503.
d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in
accordance with City of Kalispell Ordinance 10-8.
e. It is recommended that consideration be given to annexation of Three Mile Drive adjacent to
the public right-of-way.
9. The roads within the subdivision shall be named and signed in accordance with the policies of
the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and
be subject to review and approval of the Kalispell Fire Department. 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).
10, 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 five foot utility easement be placed
behind the right-of-way along all lots to allow for the placement of utilities minus City sewer
and water. The placement of utilities should be coordinated with the respective utility
companies prior to construction. A letter from the Kalispell Public Works Department shall be
obtained stating that the required easements are being shown on the final plat. (Kalispell Public
Works Department),
11. After the construction and installation of utilities are completed, the developer shall insure that
all property corners are replaced by a licensed surveyor that might have been disturbed during
construction. In locations where there is a conflict such as an electrical pad, an offset marketer
shall be placed and recorded on the final plat. (Kalispell Public Works Department).
12. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
13. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
3.09(L)).
14. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
15. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
16. The base flood elevation of the 100 year floodplain be delineated, along with the elevation, and
be indicated on the final plat.
17. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
18. A note shall be placed on the face of the final plat which waives protest to the creation of a
special improvement district for upgrade of roads in the area to City standards which are
impacted by this subdivision.
19. That preliminary plat approval shall be valid for a period of three years from the date of
approval with an automatic two year extension as each phase of the subdivision plat has been
completed and filed if the subdivision is phased. (Kalispell Subdivision Regulations, Section
2.04).
Dated this 6th day of .tune, 2005.
Pamela B. Kennedy
Mayor
STATE OF MONTANA
ss
County of Flathead
On this day of , 2005 before me, a Notary Public, personally
appeared Pamela B. Kennedy, Mayor of the City of Kalispell, known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that she executed the same on
behalf of the City of Kalispell.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the
day and year first above written.
Notary Public, State of Montana
Residing at Kalispell, Montana
My Commission Expires
Tri-City Planning Office
17 Second Street East -- Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
June 1, 2005
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Conditional Use Permit for Townhouses in and R-3 Zone -- Amended Plat of
Cottonwood Park Subdivision - Three Mile Drive and Stillwater Road
Dear Jim:
The Kalispell City Planning Board met on May 10, 2005 and held a public hearing to
consider a request by Andy Silvers for a conditional use permit to convert four single
family lots within the Cottonwood Park Subdivision into four two unit townhouse lots
in an R-3 Urban Single Family Residential zone. This would increase the total number
of lots in the Cottonwood Park subdivision. from 35 single family lots to 31 single
family lots and eight two unit townhouses for a total of 39 lots. Townhouses are
allowed in the R-3 zoning district as a conditionally permitted use.
Narda Wilson of the Tri-City Planning Office, presented staff report #KCU-05-5
evaluating the proposal and recommended approval subject to conditions in the staff
report.
At the public hearing, the applicant's representative spoke in favor of the request.
There was no one else who spoke at the public hearing.
The board discussed the project and a motion was made and passed on a unanimous
vote to recommend to the Kalispell City Council that the conditional use permit be
approved subject to conditions as listed in attached Exhibit A.
Please schedule this matter for the June
meeting. You may contact this board or Nard
you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
George Taylor
President
GT/NW/ma
b, 2005 regular Kalispell City Council
a Wilson at the Tri-City Planning Office if
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Cottonwood Park Sub - Conditional Use Permit
June 1, 2005
Page 2
Attachments: Exhibit A
Staff report #KCU-05-5 and application materials
Minutes 5/ 10/05 planning beard meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Andy Silvers, P.O. Box 5181, Kalispell., MT 59903-5181
Jackola Engineering, P.O. Box 1134, Kalispell, MT 59903-1134
Cottonwood Park Sub - Conditional Use Permit
June 1, 2005
Page 3
EDIUMIT A
COTTONWOOD PARK SUBDIVISION CONDITIONAL USE PERMIT
CONDITIONS OF APPROVAL
AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD
MAY 10, 2005
The Kalispell City Planning Board is recommending to the Kalispell City Council that
they approve the following amendments to the Kalispell Zoning Ordinance:
1. That the development of the site shall be in substantial compliance with the
application submitted, the site plan, 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. That an amended preliminary plat be filed for the proposed eight townhouse lots.
(Kalispell Subdivision. Regulations).
3. That the plans and specifications for all public infrastructure be designed and
installed in accordance with the Kalispell Design and Construction Standards and
a letter shall be obtained stating that they have been reviewed and approved by
the Kalispell Public Works Department. (Kalispell Subdivision Regulations,
Chapter 3, Design Standards, Section 3.01).
4. That a minimum 20--foot buffer strip shall be established along Three Mile Drive
and along Stillwater Road between the roads and the subdivision that would
include a bike and pedestrian trail and buffering in the form of berming or
landscaping or both_ These improvements are to be coordinated with the
Kalispell Public Works Department, Parks and Recreation Department, Flathead
County Road Department and Montana Department of Transportation.
5. Demonstrate that development within the 40 by 40 foot building area for
proposed Lot 36 can be achieved without disturbance or filling the 100 year
floodplain area and that the required setbacks can be met. (Kalispell Site
Development Review Committee).
6. That a letter be obtained from the Kalispell Parks and Recreation Director
approving a landscape plan for the placement of trees and landscaping materials
within the five foot landscape boulevard developed between the curb and the
sidewalk. (Kalispell Subdivision, Regulations, Section 3.11) .
7. That the area designated on the plat as "park' shall satisfy in part the
requirements for parkland dedication and shall be developed in accordance with a
plan approved by the Kalispell Parks and Recreation. Director that provides
recreational amenities including but not limited to pedestrian access, irrigation,
landscaping and play equipment so as to provide a recreational component within
the development and not simply left as passive open space. The developer shall
attempt to coordinate with the developer of Blue Heron Estates and the Kalispell
Cottonwood Park Sub - Conditional Use Pernxit
June 1, 2005
Page 4
Parks and Recreation Department to develop a park that is integrated with the
park development plans for Blue Heron Estates to the west. (Kalispell
Subdivision Regulations, Section 3.19).
8. The following requirements shall be met per the Kalispell Fire Department:
(Kalispell Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance
with the 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) Section 503.
d. Due to project phasing it should be noted that hazardous weed abatement shall
be provided in accordance with City of Kalispell Ordinance 10-8.
e. It is recommended that consideration be given to annexation of Three Mile Drive
adjacent to the public right-of-way.
9. The roads within the subdivision shall be named and signed in accordance with
the policies of the Kalispell Public Works Department and the Uniform Traffic
Control Devices Manual and be subject to review and approval of the Kalispell
Fire Department. 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).
10. All existing and proposed casements 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 five foot utility
easement be placed behind the right-of-way along all lots to allow for the placement
of utilities minus City sewer and water. The placement of utilities should be
coordinated with the respective utility companies prior to construction. A letter
from the Kalispell Public Works Department shall be obtained stating that the
required easements are being shown on the final plat. (Kalispell Public Works
Department) .
11. After the construction and installation of utilities are completed, the developer shall
insure that all property corners are replaced by a licensed surveyor that might have
been disturbed during construction. In locations where there is a conflict such as
an electrical pad, an offset marketer shall be placed and recorded on the final plat.
(Kalispell Public Works Department).
12. The developer shall provide a letter from the U.S. Postal Service approving the
plan for mail service. (Kalispell Subdivision Regulations, Section 3.22).
13. Street lighting shall be located within the subdivision and shall be shielded so
that it does not intrude unnecessarily onto adjoining properties. (Kalispell
Subdivision Regulations Section 3.09(L)).
Cottonwood Park Sub - Conditional Use Permit
June 1, 2005
Page 5
14. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17) .
15. That a minimum of two-thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal.
16. As -built drawings shall be submitted to the Kalispell Public Works Department
for the completed public infrastructure prior to the submittal of the final plat.
(Kalispell Public Works)
17. The base flood elevation of the 100 year floodplain be delineated, along with the
elevation, and be indicated on the final plat.
18. All areas disturbed during development of the subdivision shall be re -vegetated
with a weed -free mix immediately after development.
19. A note shall be placed on the face of the final plat which waives protest to the
creation of a special improvement district for upgrade of roads in the area to City
standards which are impacted by this subdivision.
20. That preliminary plat approval shall be valid for a period of three years from the
date of approval with an automatic two year extension as each phase of the
subdivision plat has been completed and filed if the subdivision is phased.
(Kalispell Subdivision Regulations, Section 2.04).
COTTONWOOD PARK SUBDIVISION
REQUEST FOR CONDITIONAL USE PERMIT
TRI-CITY PLANNING OFFICE
STAFF REPORT #KCU-05-5
MAY 3, 2005
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding
a request for a conditional use permit to convert four single family lots into four two unit
townhouse lots in an R-3 residential zone. A public hearing to review this request has
been scheduled before the planning board on May 10, 2005, in the Kalispell City Council
Chambers. The planning board will forward a recommendation to the city council for
final action.
BACKGROUND INFORMATION:
A. Petitioner/ Owner: Andy Silvers
P.O. Box 5181
Kalispell, MT 59903
(406) 253-9814
Technical Assistance: Jackola Engineering
P.O. 1134
Kalispell, MT 59903
(406) 755-3208
B. Summary of Request: The applicant is requesting a conditional use permit to
allow the conversion of four single family residential lots within the Cottonwood
Park Subdivision to four two unit townhouse lots for eight dwellings rather than
four dwellings. This would increase the total number of lots in the Cottonwood Park
subdivision from. 35 single family lots to 31 single family lots and eight two unit
townhouses for a total of 39 lots. Townhouses are allowed in the R-3, Urban Single
Family Residential, zoning district as a conditionally permitted use. The townhouse
provision in the zoning ordinance falls under Section 27.22.130, Sublots, and states
the following:
"Dwellings may be constructed on sublots within any zoning district which
permits multi -family dwellings, cluster housing, or townhouse dwellings. Sublots
are subject to subdivision approval and, if required, a conditional use permit.
(1). Site Requirements.
(a). Sublots are eligible only within a recorded subdivision lot whose
area is at least 6,000 square feet.
(b). The allowable number of Sublots shall be determined by dividing the
gross area of the platted lot by the density limits of the applicable
zoning district. In the event that the design utilizes common
ownership of common areas, the area of the lot(s) plus the common
area shall be divided by the density limits of the applicable zoning
district to determine the allowable number of sublots. In no case,
1
however, shall a sublot have an area less than 2,000 square feet nor
more than one dwelling unit thereon.
(2). Building Limitations. The yard, height, and axea requirements of the
district shall apply to the entire area of the platted lot. Common ownership
of the yards is permitted. Shared interior property boundary(ies) is
anticipated to be developed at a zero lot line.
Density is determined based on dividing the minimum lot size requirements of the
district in the R-3 zone of 7,000 square feet into the net area to be considered.
The applicants are including area in the preliminary plat and the park area at the
northwest corner of the subdivision in this application in order to achieve the
required density of one dwelling per 7,000 square feet. The entire area included
within the application is 7.68 acres or 334,540 square feet. Based on this gross
area, and the density of one dwelling per 7,000 square feet the density would be
47.79 dwelling units. Rounded up, this would allow the creation of a total of 48
lots. Rounded down, this would allow 47 lots, well within the total number of lots
allowed under this density. The preliminary plat was initially approved for 35
single family lots and this would increase the total number of lots by four or allow
31 single family lots and eight townhouse lots for a total of 39 lots.
C. Size and Location: The entire area being considered under this conditional use
permit is approximately 334,540 square feet. This includes the lots proposed in the
preliminary plat and the park area, but excludes the area in roads as outlined in
the review standards cited above in the Kalispell Zoning Ordinance. The property
proposed for the subdivision and townhouses lies at the northwest corner of Three
Mile Drive and Stillwater Road. Specifically the lots are along the east boundary of
the property. The property can be described as Assessors Tract 4C located in
Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.
D. Existing Land Use and Zoning: The area being considered for this conditional use
permit is currently undeveloped. The property was zoned R-3, Urban Single Family
Residential, at the time it was annexed into the city and Cottonwood Park
Subdivision was given preliminary plat approval. The R-3 zoning designation has a
minimum lot size requirement of 7,000 square feet and is generally limited to single
family detached houses, except as otherwise provided under the zoning ordinance,
i.e. a conditional use permit for townhouses or other non. -residential uses listed in
the district.
E. Surrounding Zoning and Land Uses Zoning. The property lies in an area of
Kalispell that has experienced rapid growth and expansion because of the
availability of municipal water and sewer. Immediately to the east is an
approximately 80 acre subdivision known as Empire Estates that was approved for
approximately 350 lots, about half of which have been final platted and half of those
developed. To the north of this subdivision is Blue Heron Estates Phase 3 which
has not been final platted. To the south is the currently undeveloped subdivision
that was recently annexed into the city, Bowser Creek Estates, and given a zoning
designation of R-2 / PUD. Within the Bowser Creek Estates subdivision there area
a number of two unit townhouse lots planned for the development. Some of the
density within the subdivision was shifted for the riparian area along Bowser's
Spring Creek which runs through the site and creates a floodplain in Zone A to
2
other areas of the site in the form of two unit townhouses. Additionally, some of the
lots within Bowser Creek Estates are below the minimum. 9,600 square foot
zzzzr1srnrn as pruvzueu iur unuer Lrac .rv.0 review process.
North: Single family residences undeveloped, City R-2 zoning
East: Empire Estates, City R-4 zoning
South: Undeveloped Bowser Creek Estates, City R-2 / PUD
West: Blue Heron Phase 2, City R-2 zoning
F. Growth Policy Plan Designation: The Kalispell City Growth Policy designates this
area as Suburban Residential and anticipates four dwelling units per acre.
Cottonwood Park has a density of approximately four dwellings per acre. The
proposal is in substantial compliance with the growth policy's anticipated density
and also furthers the goals and policies of the growth policy by encouraging a
diversity of housing options in the community.
G. Utilities/Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
City of Kalispell
Gas:
Northwest Energy Company
Electric:
Flathead Electric Cooperative
Phone:
CenturyTel
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Schools:
West Valley School District and School District #5, Kalispell
EVALUATION OF THE REQUEST
The application is reviewed in accordance with the conditional use review criteria in the
Kalispell Zoning Ordinance.
1. Site Suitability:
Adequate Useable Space: The total square footage of the site within the
conditional use permit area is approximately 7.68 acres or 334,540 square feet.
Based on this gross area, and the density of one dwelling per 7,000 square feet
the density would be 47.79 dwelling units. Rounded up, this would allow the
creation of a total of 48 lots. Rounded down, this would allow 47 lots, well within
the total number of lots allowed under this density. The preliminary plat was
initially approved for 35 single family lots and this would increase the total
number of lots by four or allow 31 single family lots and eight townhouse lots for a
total of 39 lots.
Adequate Access: Access to the lots is good with access from a new city street
that will be constructed to current city standards with curb, gutter, sidewalks,
boulevard and a paved 28 foot wide roadway. As part of this subdivision two new
accesses onto Stillwater Road will be developed with oversight from the Montana
Department of Transportation, the Flathead County Road Department and the
City of Kalispell Public Works Department_ Pedestrian access needs to be
3
developed along Stillwater Road and Three Mile Drive either within the existing
public right-of-way or within an easement along those exterior lots. This access
will need to be coordinated with the Montana Department of Transportation and
the City of Kalispell. There are no other access issues which need to be addressed
as part of this permit.
Environmental Constraints: There are environmental constraints associated with
the 100 year floodplain that lies along the western boundary of the property and
within the area designated as a park. A flood study recently accepted by FEMA
has delineated a flood area narrower than that which was initially indicated on
the flood maps for the area. However, the park has been placed so that the flood
area will remain protected and undisturbed. The "park" area also provides an
area for storm water retention and is damp during a more rainy season. This area
will be left in a natural state. With the floodplain issue aside, there are no other
significant environmental constraints associated with the property that would
need to be mitigated or otherwise addressed.
2. Appropriateness of design:
a. Parking and site circulation: All of the roads within the subdivision will
eventually connect and create a grid street system. Parking will be
provided on site at the time the lots are developed. No additional parking
beyond the standard two parking spaces per single family dwelling would
be required in conjunction with this conditional use permit.
b. Open. Space: An approximately one acre park area that lies in the 100 year
floodplain will be developed with this subdivision. The staff has discussed
developing this park and the park in Blue Heron Estates concurrently and
then turning the park areas over to the city creating an interconnected city
park that would be shared by the homeowners within both subdivisions
and the general public.
C. Fencing/ Screening/ Landsca in : There is no screening currently existing
on the site nor does any appear warranted other than screen., buffering or
landscaping that the homeowners may want to put in place around the lots
at the time of development.
d. Sims: No specific dimensions or drawing of a sign was included with the
application. The zoning allows one sign 24 square feet in size, and a
height not to exceed six feet. A permit for the sign would be required.
3. Availability of Public Services/Facilities:
a. Schools: This site is within School District #S and the West Valley School
District. Limited impact is anticipated from the proposed townhouse units.
Approximately one or two additional school aged children might be
generated as a result of the creation of the four additional townhouse lots
within the subdivision.
b. Parks and Recreation: There is a park area that lies immediately to the
west of these lots and an additional park area that lies further to the north
9
within Blue Heron Estates subdivision, Additionally, there is an
approximately 1.5 acre city park that lies to the east in Empire Estates
subdivision.
C. Police: Police protection will be provided by the Kalispell Police Department.
No unusual impacts or needs are anticipated from the proposed residential
facility.
d. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. No unusual impacts or needs are anticipated from the
proposed townhouses. Building access as well as the number and
placement of fire hydrants will need to meet Uniform Fire Code
requirements and be reviewed and approved by the fire marshal_
e. Water and sewer: Water and sewer are currently in place and it does not
appear that any additional mains will need to be extended to service this
project. There is adequate water supply and sewage treatment capacity
within the City of Kalispell's current facilities to serve this development.
f. Solid Waste: Solid waste pick-up will be provided by a private hauler for
five years from the date of annexation. Solid waste will be taken to the
County Landfill where adequate capacity exists.
g. Streets: Traffic generation from the development is estimated at 39 average
additional daily trips that might be generated into the area as a result of
the creation of these additional lots. The overall impacts to the roads and
streets in the area will be insignificant.
4. Neighborhood Impacts: Development and land use impacts of the proposal are
anticipated to be typical of other properties in the immediate neighborhood. It
should be noted that there are two unit townhouses to the east in Empire Estates
Subdivision, to the west in Blue Heron Estates and to the south in Bowser Creek
Estates Subdivision. A notice of public hearing was mailed to property owners
within 150 feet of the site approximately 15 days prior to the hearing. As of this
writing, staff has received no comments from neighbors on the proposal.
5. Consideration of historical use patterns and recent changes: The proposal is
compatible with the immediate area, where a mixture of single family and two unit
townhouses have been approved in nearby subdivisions. Additionally, the two unit
townhouse configuration has become a popular housing option in the market as the
demographics of the area change. It has become popular for an aging population
wanting to downsize, for small families entering the market and "empty nesters"
wanting less responsibility in maintenance.
6. Effects on property values: No significant negative impacts on property values are
anticipated. As previously mentioned, the proposal is compatible with the
neighborhood, and the development and land use impacts would be typical of that
anticipated for the area.
5
RECOMMENDATION
Staff recommends that the planning board adopt the staff report #KCU-05-5 as findings
of fact and recommend to the Kalispell City Council that the conditional use permit be
approved subject to the following conditions:
I- That the development of the site shall be in substantial compliance with the
application submitted, the site plan, 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. That an amended preliminary plat be filed for the proposed eight townhouse lots.
(Kalispell Subdivision Regulations).
3. That the plans and specifications for all public infrastructure be designed and
installed in accordance with the Kalispell Design and Construction. Standards and a
letter shall be obtained stating that they have been reviewed and approved by the
Ka1iRnell Puhlic Works Department_ (Knlisne l Suhrlivisinn Resnflatinnc Chnntnr .4
Design Standards, Section 3.01).
4. That a minimum 20-foot buffer strip shall be established along Three Mile Drive and
along Stillwater Road between the roads and the subdivision that would include a
bike and pedestrian trail and buffering in the form of berming or landscaping or
both. These improvements are to be coordinated with the Kalispell Public Works
Department, Parks and Recreation Department, Flathead County Road Department
and Montana Department of Transportation,.
5. Lot 7 which has a substantial part of the building pad located in the 100 year
floodplain be eliminated and the lots to the south be shifted to the north so that the
building pad for Lot 1 will be entirely out of the floodplain. (Kalispell Site
Development Review Committee).
6. Demonstrate that development within the 40 by 40 foot building area for proposed
Lot 36 can be achieved without disturbance or filling the 100 year floodplain area
and that the required setbacks can be met. (Kalispell Site Development Review
Committee).
- 7. That a pedestrian access be developed to access the park area from the north where
Lot 7 would have been previously located. (Kalispell Site Development Review
Committee).
8. That a letter be obtained from the Kalispell Parks and Recreation Director approving
a landscape plan for the placement of trees and landscaping materials within the
five foot landscape boulevard developed between the curb and the sidewalk.
(Kalispell Subdivision Regulations, Section 3.11).
9. That the area designated on the plat as "park" shall satisfy in part the requirements
for parkland dedication and shall be developed in accordance with a plan approved
by the Kalispell Parks and Recreation Director that provides recreational amenities
including but not limited to pedestrian access, irrigation, landscaping and play
equipment so as to provide a recreational component within the development and
not simply left as passive open space. The developer shall attempt to coordinate
with the developer of Blue Heron Estates and the Kalispell Parks and Recreation.
Department to develop a park that is integrated with the park development plans for
Blue Heron Estates to the west. (Kalispell Subdivision Regulations, Section 3.19).
10. The following requirements shall be met per, the Kalispell Fire Department:
(Kalispell Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance
with the 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) Section 503.
d. Due to project phasing it should be noted that hazardous weed abatement shall
be provided in accordance with City of Kalispell Ordinance 10-8.
e. It is recommended that consideration be given to annexation of Three Mile Drive
adjacent to the public right-of-way.
11. The roads within the subdivision shall be named and signed in accordance with the
policies of the Kalispell Public Works Department and the Uniform Traffic Control
Devices Manual and be subject to review and approval of the Kalispell Fire
Department. 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).
12. 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 five foot utility
easement be placed behind the right-of-way along all lots to allow for the placement of
utilities minus City sewer and water. The placement of utilities should be coordinated
with the respective utility companies prior to construction. A letter from the Kalispell
Public Works Department shall be obtained stating that the required easements are
being shown on the Final plat. (Kalispell Public Works Department).
13. After the construction and installation of utilities are completed, the developer shall
insure that all property corners are replaced by a licensed surveyor that might have
been disturbed during construction. In locations where there is a conflict such as an
electrical pad, an offset marketer shall be placed and recorded on the final plat.
(Kalispell Public Works Department).
14. The developer shall provide a letter from the U.S. Postal Service approving the plan
for mail service. (Kalispell Subdivision Regulations, Section 3.22).
15. Street lighting shall be located within the subdivision and shall be shielded so that
it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision
Regulations Section 3.09(L)).
7
16. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17).
17. That a minimum of two-thirds of the necessary infrastructure for this subdivision
. shall be completed prior to final plat submittal.
18. The base flood elevation of the 100 year floodplain be delineated, along with the
elevation, and be indicated on the final plat.
19. All areas disturbed during development of the subdivision shall be re -vegetated with
a weed -free mix immediately after development.
20. A note shall be placed on the face of the final plat which waives protest to the
creation of a special improvement district for upgrade of roads in the area to City
standards which are impacted by this subdivision.
21, That preliminary plat approval shall be valid for a period of three years from the
date of approval with an automatic two year extension as each phase of the
subdivision plat has been completed and filed if the subdivision is phased. (Kalispell
Subdivision Regulations, Section. 2.04).
REPORTS \ _.. KALISPE \ ... \ KCUOS-3
8
Tri-City Planning Office
17 Second St East., Suite 211
Kalispell, MT 59901
Phone: (406)751-1850 Fax: (406)751-1.858
APPLICATION FOR CONDITIONAL USE PERMIT
CITY OF KALISPELL
PROPOSED USE: Townhouse Lots for Amended Subdivision Plat of Cottonwod Park
OWNER(S) OF RECORD:
Name: ......Philip T. & Barbara S. Blandford
Mailing Address: 411 Three Mile Drive
City/State/Zip: Kalispell, Montana 59901 Phone: 406-756-8628
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: Jackola Engineering &. Architecture P.C.
Mailing Address: P.O. Box 1134
City/State/Zip: Kalispell, Montana 59903 Phone: 755-3208
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street Sec. Town- Range
Address: No. 2 ship 28N No. 22W
Subdivision
Name: COTTONWOOD PARK
Tract Lot Block
No(s). No(s). 14,15,28,29 No.
Zoning District and Zoning Classification in which use is proposed:
„City R-3 Zanin
2. Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses.
b. Dimensions and shape of lot.
C. Topographic features of lot.
d. Size(s) and location(s) of existing buildings
e. Size(s) and location(s) of proposed buildings.
f. Existing use(s) of structures and open areas.
g. Proposed, use(s) of structures and open areas.
3. On a separate sheet of paper, discuss the following topics relative to the proposed use:
a. Traffic flow and control.
b. Access to and circulation within the property.
C. Off-street parking and loading.
d. Refuse and service areas.
e. Utilities.
f. Screening and buffering.
g. Signs, yards and other open spaces.
h. Height, bulk and location of structures.
i. Location of proposed open space uses.
j. Hours and manner of operation.
k. Noise, light, dust, odors, fames and vibration.
4. Attach supplemental information for proposed uses that have additional requirements
(Consult Planner).
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 incorrect or untrue, I understand
that any approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Tri-City Planning staff to be present
on the property for routine monitoring and inspection during the approval and
development process.
Jr41
Philip T. Blandf�rci Date /
Bar ara S. Bland f rd
2
INSTRUCTIONS FOR CONDITIONAL USE PERMIT APPLICATION
1. Answer all questions. Answers should be clear and contain all the necessary information.
2. In answering question 1, refer to the classification system in the Zoning Rewulations.
3. In answering questions 2 and 3, be specific and complete. If additional space is needed,
please use a separate sheet of paper to discuss the appropriate topics.
4. A plot plan or site plan must be submitted with each application, with all existing or
proposed structures shown, and distances from each other and from the property line.
5. A list of property owners (within 150 feet, but excluding; any surrounding right-of-way)
and their mailing address must be submitted with each application.
Example.
Tract # Owner of Record Mailing Address
6. A fee, per the schedule below, for a Conditional Use Permit must be submitted with this
application to cover the cost of necessary investigation, publication, mailing and
processing procedures. Make check payable to Tri-City Planning Office Office.
Conditional Use Permit -
Single -family
(10 or fewer trips / day)
Minor Residential
(2-4 units or 11-49 trips/day)
Major Residential
(5 or more units or 50+ trips/day)
Churches, schools, public / quasi -public uses
Commercial, industrial, medical golf courses, etc
unit
Administrative
Residential
Commercial / Industrial
As approved by the TCPB, Effective/ 1 / 03
$250
$300
$300 t $10/unit or
$10 for every 10 trips
$300
$400 + $5 / acre or unit
or $.05/sf of leased
space over 5,000 sf
whichever is greatest
$50
$100
3
CERTIFICATION
APPLICANT: Philip & Barbara Blandford/Andy Silvers
TCPO FILE NO: KCU-05-5 & KPP-05-6
I, the undersigned certify that I did this date mail via CERTIFIED mail a
copy of the attached notice to the following list of landowners ad'oinin the
property lines of the property that is requesting an amended preliminary
plat and a conditional use permit. 1-1
Date:_ 1 S�
S-T-R: 2-28-22
Lot/Tracts# Lots 14, 15, 28, 29 Cottonwood Park
Property Owner/Mail Address:
Philip & Barbara Blandford
411 Three Mile Drive
Kalispell, MT 59901
Jackola Engineering & Architecture, PC
P.O. Box 1134
Kalispell, MT 59903-1134
AND ATTACHED LIST
Tri-City Planning Office
17 Second Street East -- Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity( ,eenturyteLnet
www.tricityplanning-mt.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 COMMISSION
May 10, 2005
The regular meeting of the Kalispell City Planning Board and Zoning Commission is
scheduled for Tuesday, May 10, 2005 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.
1. A request by David E. and Beverly K. Mosby for an initial zoning designation of
R-3, Urban Single Family Residential, upon annexation to the city of Kalispell
on approximately 0.45 acre. The property is located on the south side of 14th
Street East and west of 6th Avenue East. The property address is 1404 6th
Street East. The property can be described as a portion of Assessors Tract SQ
located in Section 17 Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
2. A request by Andy Silvers for a conditional use permit to allow the conversion. of
four single family lots to four two unit townhouses, or eight sublots, for a total
of 40 lots on. approximately 10 acres in Cottonwood Park Subdivision. The
property is zoned R-3, Urban Single Family Residential, which allows two unit
townhouses as a conditionally permitted use. The property can be described as
a portion of Assessors Tract 4C located in Section 2, Township 28 North, Range
22 West, P.M.M., Flathead County, Montana.
3. A request by Andy Silvers for an amended preliminary plat approval of
Cottonwood Park subdivision., which would convert four single family lots to
eight townhouse sublots thereby creating a 40 lot residential subdivision on
approximately 10 acres. As proposed there would be 32 lots for single family
homes and eight townhouse lots. The property is zoned R-3, Urban Single
Family Residential and can be described as a portion of Assessors Tract 4C
located in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana.
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish •
BLANDFORD, PHILIP & LAPP, CHARLES & MICKEY REUM, GLENN
BARBARA 3230 COLUMBIA FALLS STAGE PO BOX 42
411 THREE MILE DR COLUMBIA FALLS, MT 59912 PABLO, MT 59855
KALISPELL, MT 59901
COOK, N CARLENE
900 W RESERVE #206
KALISPELL, MT 59901
LAPP, GEORGE & KATHRYN
3284 COLUMBIA FALLS STAGE
COLUMBIA FALLS, MT 59912
TURNER, WAYNE
3300 US HIGHWAY 2 W
KALISPELL, MT 59901
CLAIR & VIRGINIA VANDEHEY
134 BLUE CREST DR
KALISPELL, MT 59901
COLEMAN, LLOYD &
LYNNETTE
1688 STAGE LANE
KALISPELL, MT 59901
RIEBE, ALLEN & VIRGINIA
394 - 3 MILE DRIVE
KALISPELL, MT 59901
BOWSER CREEK ESTATES LLC
241 COMMONS WAY
KALISPELL, MT 59901
JACKOLA ENGINEERING
PO BOX 1134
KALISPELL, MT 59903
MORGAN, SHANE & WENDY
PO BOX 10155
KALISPELL, MT 59904
RIEBE, WILLIAM & CINDY
386 THREE MILE DR
KALISPELL, MT 59901
CITY OF KALISPELL
PO BOX 1997
KALISPELL, MT 59903
No. 9311 ..
NOTICE OF PUBLIC
HEARING
KALISPELL CITY
PLANNING BOARD
AND ZONING
COMMISSION
MAY 10, 2005
The regular meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uled for Tuesday, May
10, 2005 beginning at
7:00 PM in the Kalispell
City Council Chambers,
Kalispell City Hall, 312
First Avenue East, Ka-
iispell. The planning
board will hold a public
hearing and take public
comments on the follow-
Ing agenda items. The
Board will make a rec-
osnmendatior. to the Ka-
€ispeil City Council who
will take final action.
1. A request by David
E, and Beverly K. Mos-
by for an initial zoning
designation of R-3, Ur-
ban Single Family Resi-
dential, upon annexa-
tion to the city of Kalls-
pell on approximately
0,45 acres. The proper-
ty is located on the
south side of 14th Street
East and west of 6th
Avenue East. The prop-
er-t add, Gsil of 1404 6th
Street East. The proper-
ty can be described as a
portion of Assessors
Tract 50 located in Sec-
tion 17 Township 2B
North, Range 21 West,
P.M.M., Flathead Coun-
ty, Montana.
2. A request by Andy
Silvers for a conditional
use permit to allow the
conversion of four single
family lots to four two
unit townhouses, or
eight sublots, for a total
of 40 lots on approxi-
mately 10 acres in Cot-
tonwood Park Subdivi-
sion. The property is
zoned R-3, Urban Sin-
gle Family Residential,
which allows two unit
townhouses as a condi-
tionai4y permitted use.
The property can be de-
scribed as a oortion of
Assessors Tract 4C lo-
cated in Section 2,
Township 28 North,
Range 22 West,
P,M.M., Flathead Coun-
ty, Montana.
3. A request by Andy
Severs for an amended
preliminary plat appro-
val of Cottonwood Park
subdivision, which
would convert four sin-
gle family lots to eight
townhouse sublots
thereby creating a 40 lot
residential sub division
on approximately 10
acres.' As proposed
there would be 32 lots
for single family homes
and eight townhouse
lots. The property is
zoned R-3, Urban Sin-
gle Family Residential
and can be described
as a portion of Asses-
sors Tract 4C located in
Section 2, Township 28
North, Range 22 West,
P.M.M., Flathead Coun-
ty, Montana.
Documents pertaining
to this agenda stern are
on file for public inspec-
tion at the Tri-City Rlan-
ninig Office, 17 Second
Street East, Suite 211,
Kalispell, MT 69901,
and are available for
public review during
regular office hours.
Interested persons are
encouraged to attend
the hearing and make
their views and con-
cerns known to the
Board. Written com-
ments may be submit-
ted to the I I l VJty r 1w l-
ning Office at the above
address, prior to the
date of the hearing, or
you may contact. Narda
Wilson, Senior Planner
at (406) 751-1850 or e-
mail her at
tricitynarda @centurytel.
net for additional intor-,
oration.
lslThomas R. Sentz
Thomas R..lentz
Planning Director
April 24, 2005.
STATE OF MONTANA
.FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
CHRIS SCHULDHEISS BEING DULY
SWORN, DEPOSES AND SAYS: THAT SHE IS THE
LEGAL CLERK OF THE DAILY INTER. LAKE A
DAILY NEWSPAPER OF GENERAL CIRCULATION,
PRINTED AND PUBLISHED IN THE CITY OF
K.ALISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA, AND THAT NO 9311
LEGAL ADVERTISMENT WAS
PRINTED AND PUBLISHED IN THE REGULAR
AND ENTIRE ISSUE OF SAID PAPER, AND IN
EACH AND EVERY COPY THEREOF ON THE
DATES OF APR 24, 2005
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE MINIMUM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR TBE SAME PUBLICATION,
SET IN TBE SAME SIZE TYPE AND PUBLISHED
FO THE SAME NUMBER OF INSERTIONS.
{ a-
Subscribed and sworn to
Before me this
AD APR 25, 2005
Notary Public for the State of Montana
Residing in Kalispell
My Commission expires 9/1IM5
AMENDW PWLM~Y PORT
SUMMON FLAT OF
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