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Jaxon Ridge Staff Report and MaterialsPLANNING FOR THE FUTURE REPORT TO: FROM: SUBJECT: MEETING DATE: MON ANA Doug Russell, City Manager Jarod Nygren, Senior Planner Planning Department 201 Ist Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planninE KA-19-03 — Jaxon Ridge Annexation and Initial Zoning Request December 3, 2019 BACKGROUND: Siderius Construction, LLP is requesting permission to annex 3.9-acres into the City of Kalispell with an initial zoning of City R-4. The 3.9-acre property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. Upon annexation by the city, the property will be served by city police, fire and have access to city sewer and water services. The initial city zoning classification was reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance and the itemized criteria described by 76-2-304, M.C.A. The property is located at 1702 S. Woodland Drive. The property can be legally described as the south 286 feet of Lots 1-5, Block 4 of Greenacres North-West Subdivision Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearings on October 8th and November 12, 2019, to consider the annexation and initial zoning request. Staff presented staff report KA-19-03 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend to the Council that the annexation and initial zoning request be granted. There being no public testimony, the public hearing was closed and a motion was presented to adopt staff report KA-19-03 as findings of fact and recommend to the Kalispell City Council that the property be annexed with an initial zoning of R-4. Board discussion concluded that the request was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution 5950, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including therein as an annexation the south 286 feet of Lots 1-5, Block 4 of Greenacres North-West Subdivision Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1832, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as south 286 feet of Lots 1-5, Block 4 of Greenacres North-West Subdivision Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana to City R-4 in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 5950 Ordinance 1832 October 8, 2019 and November 12, 2019, Kalispell Planning Board Minutes Staff Report Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING October 8, 2019 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Kurt Vomfell, Joshua Borgardt, Rory Young & George Giavasis. Doug Kauffman and Ronalee Skees were absent. Jarod Nygren and Tom Jentz represented the Kalispell Planning Department. APPROVAL OF MINUTES Vomfell moved and Young seconded a motion to approve the minutes of the September 20, 2019 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. PUBLIC COMMENT None. KA-19-03 & KPP-19-03 File #'s KA-19-03 and KPP-19-03 — Siderius Construction, LLP is requesting JAXON RIDGE permission to annex 3.9-acres into the City of Kalispell with an initial zoning of R-4 and major subdivision approval for a 24-lot townhouse subdivision. The 3.9-acre property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The major subdivision application was reviewed in accordance with Section 28.2.06 of the Kalispell Subdivision Regulations. STAFF REPORT Tared Nygren representing the Kalispell Planning Department reviewed Staff Report #KA-19-03 and #KPP-19-03. Nygren presented the annexation and subdivision requests, including the location of the property, land uses, zoning, growth policy designation and existing city services in the vicinity. Following the presentation, Nygren advised the board that the notice that was sent out to the adjoining landowners on September 27, 2019, however, the notice was not adequate because not all of the adjoining property owners were notified, so another landowner notice will have to be mailed prior to the November 12 Planning Board meeting. He contacted the applicant regarding the issue and they are fine with tabling these applications to the November 12 Planning Board meeting and no special meeting will be needed. Staff recommends that the Kalispell City Planning Board and Zoning Commission open the public hearing and subsequently table staff reports #KA- 19-03 and #KPP-19-03 to the November 12 Planning Board Meeting, at which time a proper notice can be mailed to all adjoining property owners where they can be given an opportunity for review the application requests and comment accordingly. PUBLIC HEARING Joe Withey — 167 Quincy Loop — concerned with increased traffic. MOTION (KA-19-03) Vom&ll moved and Young seconded a motion that the Kalispell City Planning Board adopt Staff Report #KA-19-03 as findings of fact and recommend to the Kalispell. City Council that the property be annexed and the zoning for the property be City R-4 (Residential). MOTION (KA-19-03) - TABLED Vomfell moved and Young seconded a motion that the Kalispell City Planning. Board and Zoning Commission table staff report #KA-19-03 to the November 12, 2019 Planning Board meeting so that proper notice can be sent to all the Kalispell City Planning Board Minutes of the meeting of October 8, 2019 Page I l adjoining landowners. ROLL CALL The motion passed unanimously on a vote of acclamation. MOTION (KPP-19-03) Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP-19-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Jaxon Ridge be approved, subject to the conditions listed in the staff report. MOTION (KPP-19-03) - TABLED Vomfell moved and Borgardt seconded a motion that the Kalispell City Planning Board and Zoning Commission table staff report #KPP-19-03 to the November 12, 2019 Planning Board meeting so that proper notice can be sent to all the adjoining landowners. ROLL CALL The motion passed unanimously on a vote of acclamation. OLD BUSINESS None. NEW BUSINESS Nygren updated the board on the November 12, 2019 meeting. ADJOURNMENT The meeting adjourned at approximately 6:15pm. NEXT MEETING The next meeting of the Kalispell Planning Board will be on Tuesday, November 12, 2019 at 6:00 p.m. and is located in the Kalispell City Council Chambers, 201 111 Ave East. Chad raha Preside t APPROVED as submitted/amended: 1 I �— I Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of October S, 2019 Page 12 KALISPELL CITY PLANNING BOARD & ZONING COMIVIISSION NIINUTES OF REGULAR MEETING November 12, 2019 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Kurt Vomfell, Joshua. Borgardt, Rory Young, George Giavasis, Doug Kauffman and Ronalee Skees. Jarod Nygren and Tom Jentz represented the Kalispell Planning Department. APPROVAL OF MINUTES Giavasis moved and Kauffman seconded a motion to approve the minutes of the October 8, 2019 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. PUBLIC COMMENT None. OLD BUSINESS File Ws KA-19-03 and KPP-19-03 — Siderius Construction, LLP is requesting KA-19-03 & KPP-19-03 permission to annex 3.9-acres into the City of Kalispell with an initial zoning of JAXON RIDGE (TABLED ON R-4 and major subdivision approval for a 24-lot townhouse subdivision. The OCTOBER 8, 2019) 3.9-acre property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The major subdivision application was reviewed in accordance with Section 28.2.06 of the Kalispell Subdivision Regulations. STAFF REPORT Jarod Nygren representing the Kalispell Planning Department reviewed Staff Report #KA-19-03 and #KPP-19-03. Nygren, as a refresher to the board and public, went over the annexation and subdivision requests, including the location of the property, land uses, zoning, growth policy designation and existing city services in the vicinity. Staff recommends that the Kalispell City Planning Board and Zoning Commission remove staff reports #KA-19-03 and #KPP-19-03 from the table and adopt staff reports #KA-19-03 and #KPP-19-03 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be City R-4 (Residential) and that the preliminary plat Jaxon Ridge be approved, subject to the conditions listed in the staff report. MOTION (KA-19-03 & KPP-19-03) Kauffman moved and Giavasis seconded a motion that the Kalispell City REMOVE FROM TABLE Planning Board and Zoning Commission remove staff reports #KA-19-03 and #KPP-19-03 from the table. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. BOARD DISCUSSION None. MOTION (KA-19-03) Vomfell moved and Young seconded a motion that the Kalispell City Planning (10/8/2019) Board and Zoning Commission adopt staff report #KA-19-03 as findings and fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be City R-4 (Residential). BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of November 12, 2019 Pagel MOTION (KPP-19-03) Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning (10/18/2019) Board and Zoning Commission adopt staff report #KPP-19-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Jaxon Ridge be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. KPP-19-04 A request from Eagle Valley Ranch Apartments, LLC and Stillwater KNTC PHASE 3 Corporation for major subdivision approval of Kalispell North Town Center, Phase 3 into 22 commercial lots, common area, and new city street. STAFF REPORT Jarod Nygren representing the Kalispell Planning Department advised the board that this agenda item, as requested by the applicant, is being withdrawn at this time. The applicant is reconfiguring their subdivision based on some of their recent lot sales and will be bringing this back before the board in the next couple of months. AIRPORT RD. & 18TH STREET Airport Road and 18th Street Project - the Planning Board is tasked with WEST PROJECT reviewing these projects in conformance with the City of Kalispell Growth Policy 2035 and making such a recommendation to the City Council. The plan boundary is generally bounded by 18th Street to the north, Cemetery Road to the south, Airport Road to the West and U.S. 93 to the east. STAFF REPORT Tom Jentz representing the Kalispell Planning Department reviewed the Airport Rd. and 181 Street West project. Jentz advised the board that the law, MCA Code, requires any project that is funded by TIF money to go before the Planning Board for a recommendation and to ensure that the project complies with the South Kalispell Urban Renewal Plan as well as the Kalispell Growth Policy Plan -IT 2035. Staff recommends that the Planning Board, based on the findings in this report, determine that the Airport and 18th Street West Project is supported by the South Kalispell Urban Renewal Plan and is in conformity with the Kalispell Growth Policy Plan -IT 2035 and that the Board forward this recommendation on to the Kalispell City Council. BOARD DISCUSSION Young asked about the vacant lot and if a parking lot in a residential area is the best use for the lot. Jentz advised the lot cannot be developed with structures because of its proximity to the airport so a parking lot will provide overflow parking for events at Legends Field, snow storage for the city Public Works Department, which is required by the state to have a hard surface snow storage location, RV Parking and/or a park and ride location. Landscaping and sidewalks will be required around the parking lot and the lot will be lit with streetlights. Giavasis asked if the parking lot would have a 24-hour public parking sign. Jentz advised that they had not really gotten that far in the planning yet but that he does not foresee the parking lot being open 24 hours simply to avoid it from becoming an RV camping spot. Giavasis asked about planned intersections across Airport Rd. Jentz advised there is an existing intersection at Rankin School that when school is in session a crossing guard will take the children back and forth. There are a few crossings in the South Meadows area. Kalispell City Planning Board Minutes of the meeting of November 12, 2019 Page12 Vomfell feels that with the added sidewalk and extending the bike trail this will make a great north/south pedestrian thoroughfare at the south end of town. PUBLIC COMMENT None. MOTION Vomfell moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission, based on the findings in this report, determine that the Airport and 18th Street West Project is supported by the South Kalispell Urban Renewal Plan and is in conformity with the Kalispell Growth Policy Plan -IT 2035 and that the Board forward this recommendation on to the Kalispell City Council. BOARD DISCUSSION Graham would prefer to see the travel path from the proposed parking lot to Legends Field not be so long but understands why the path goes the way it goes. He likes the project as a whole, feels it fixes many issues that the city has been having in the area and that it will open the door for future growth. ROLL CALL The motion passed unanimously on a roll call vote. TIGER SUPPLEMENTAL SEA The City has completed a Supplemental Environmental Assessment (SEA), (PUBLIC HEARING ONLY) approved by the Federal Railroad Administration and available for review and comment for 30 days, ending November 19, 2019. In an extended effort to elicit public comment on the SEA, the city is holding a public hearing before the Planning Board, where the public can comment on the SEA and provide feedback as necessary. STAFF REPORT Tom Jentz representing the Kalispell Planning Department reviewed the TIGER Supplemental SEA. Jentz advised the board that this a request to comment on the revised Supplemental Environmental Assessment (SEA). He reminded the board that the original TIGER Grant was submitted it included 6 at grade street crossings (8r' and 6' Ave, Woodland Ave, Is', 3rd and 41 Ave) and that at least one of those would be across the future Kalispell Trail to improve connectivity, pedestrian and vehicular access. As staff went through the environmental process, the Federal Rail Administration (FRA) told them that 6 connections were too many to propose. The FRA advised staff that this was really a Public Works project and that they would have to select which one specifically they wanted to do now. The FRA allowed them to keep 3 as an option at that time. Staff has now gone back to the FRA to ask that all 6 now be reconsidered. The purpose of this agenda item today is strictly as a public hearing, staff is asking for public comment through November 19, 2019. PUBLIC COMMENT None. BOARD DISCUSSION Giavasis asked for clarification as to how many connections were actually going to be completed. Jentz advised funding only allows for one connection at this time; the hope is that there will be 6 options now rather than just 3. Vomfell inquired about Is', 3rd and 41' Ave and how the connections would be made with the mall being in the way. Jentz advised that there would have to be an access easement agreement of some sort reached with the mall owners to gain access to Main, Center and 5'- which would allow the neighborhood to breathe. Giavasis noted that if the trail funding hinges on a road connection then he absolutely feels that Is, 31d and 4' should be added in. He supports whatever is necessary to get a trail put in. Kauffman does not feel there is any draw back to adding the 3 connections back in. The board all agreed that it would be a win - win situation. Vomfell feels the connection should be made as close to Main St as possible. NEW BUSINESS Graham spoke to Tom Jentz about this being his last meeting and presented him a plaque for his 36 years with the city. Kalispell City Planning Board Minutes of the meeting of November 12, 2019 Page13 ADJOURNMENT The meeting adjourned at approximately 6:58pm. NEXT MEETING The next meeting of the Kalispell Planning Board will be on Tuesday, December 10, 2019 at 6:00 p.m. and is located in the Kalispell City Council Chambers, 201 1st Ave East. Chad Graham President APPROVED as submitted/amended: Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of November 12, 2019 Page14 JAXON RIDGE ANNEXATION AND INITIAL ZONING OF R-4 UPON ANNEXATION STAFF REPORT #KA-19-03 KALISPELL PLANNING DEPARTMENT SEPTEMBER 30, 2019 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from Siderius Construction, LLC to annex 3.9-acres of land into city limits with an initial zoning designation of R-4 upon annexation. A public hearing has been scheduled before the planning board for October 8, 2019, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION Siderius Construction, LLC is requesting permission to annex 3.9-acres into the City of Kalispell with an initial zoning of R-4. The 3.9-acre property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. Upon annexation by the city, the property will be served by city police, fire and have access to city sewer and water services. The initial city zoning classification will be reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance and the itemized criteria described by 76-2-304, M.C.A. This report evaluates the application in accordance with state and local regulations. The annexation request and initial city zoning classification will be reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2- 4601 through 7-2-4610, M.C.A., Annexation by Petition. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 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. A. Petitioner / Owner: Siderius Construction, LLC 737 Egan Road Kalispell, MT 59901 B. Location and Legal Description of Properties: The property is located at 1702 S. Woodland Drive. The property can be legally described as the south 286 feet of Lots 1-5, Block 4 of Greenacres North-West Subdivision Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 1 C. Existing Land Use and Zoning: The subject property is developed with an old single-family ranch home with the remainder being undeveloped farmland and a wetland slough at the western boundary. The zoning of the area to be annexed is county R-2 (One family limited residential). This district is defined as "A district to provide for large -tract residential development. These areas will typically be found in suburban areas, generally served by either sewer or water lines." D. Proposed Zoning: The proposed zone for the subject property is city R-4. The R-4 Zoning District is defined as "Comprised of primarily single-family and duplex dwellings. Development within the district would require all public utilities, and community facilities. This zoning district would typically be found in areas designated as urban residential on the Kalispell Growth Policy Future Land Use Map." E. Size: The subject property is 3.9 acres. F. Adjacent Zoning: North: City R-2, County R-2 East: City R-2, County R-2 West: County R-4 South: County R-2 G. Adjacent Land Uses: North: Single-family East: Single-family and mobile home park West: Single-family and slough South: Single-family H. General Land Use Character: The general land use category of the area can be described as single-family residential. The area is a mix of county single-family development and city single-family development, of which much of the county development is served by city sewer. There is also a mobile home park located to the southeast of the subject property. I. Utilities and Public Services: City water and sewer mains are both located within South Woodland Drive immediately adjacent the subdivision to the east. When developed, the developer will be required to pay the cost for the utility extensions. The 2 design and sizing of water and sewer extensions will be reviewed and approved by the Kalispell Public Works Department prior to development of the site. Sewer: City of Kalispell if annexed Water: City of Kalispell if annexed Refuse: City of Kalispell if annexed Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyLink Schools: School District 5 Fire: City of Kalispell if annexed Police: City of Kalispell if annexed I. ANNEXATION EVALUATION 1. Compliance with the growth policy: Two primary mechanisms for managing growth in the City of Kalispell exist which are to rely on redevelopment and infill within the current city limits or annexation of outlying areas. A goal of the growth policy is to provide a comprehensive, effective growth management plan that provides for all the needs of the community, is adaptable to changing trends and is attuned to the overall public welfare. Chapter 9, Public Infrastructure 8v Services, contains the following goal and policy that are relevant to this particular annexation request: Goal: Make public water and sewer available to areas that are in close proximity to services as directed by the extension of services plan. Policy: Annexation to the City of Kalispell should be required when water and sewer services are extended to an unincorporated area. In addition to these cited goals, the city council adopted an annexation policy in 2011, with a corresponding map as an addendum to the city's growth policy document. The purpose of the annexation policy is to give the planning board, the council, and the development community direction when property owners outside of the city limits are requesting municipal services and annexation. The property proposed for annexation falls inside the city's direct annexation boundary. 2. Municipal Services: Municipal water and sewer mains are located within South Woodland Drive and can be readily extended by the applicant to serve the site. 3 The site is currently protected by the South Kalispell Fire District and the Flathead County Sheriffs office. The applicant has submitted a Notice of Withdrawal from Rural Fire District. At the time of annexation, the property will be served by the Kalispell Fire Department. The site lies approximately 1.5 miles from fire station 61 and is readily serviceable by the city fire, police and ambulance services, all of which now respond to the adjacent neighborhoods within the City of Kalispell. Given the level of existing services available to and in place, annexation of the property will not overburden the municipal services. 3. Distance from current citv limits: The project site borders city limits to the north and east, thus annexation will serve to be a logical expansion of the existing city limits. 4. Cost of services: Once annexed to the city, 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. If annexed, the property owner will be extending and connecting to city sewer and water at the time of development. A cost of services analysis has been prepared for this property. The analysis is only an estimate based on a variety of assumptions. The analysis does not take into consideration changes in methods of assessment and estimated costs associated with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. The cost to serve the land proposed for annexation is shown in the attached cost of service analysis - Initial Annexation. Currently, the subject property is vacant land and there will be no services provided to the property. Based on the city's taxation and assessment policies, the property will generate approximately $1,094 in taxes and $3,748 in assessments. Based on this analysis, the annexation will be net gain to the city of $4,842.00. The cost to serve the development of the project is shown in the attached cost of service analysis - 100% buildout (24-Lot townhouse subdivision). This scenario is based off the major subdivision application submitted along with the annexation request. Based on the city's taxation and assessment policies, the property will generate approximately $19,738 in .19 taxes and $3,748 in assessments. Cost of services for the property is approximately $18,042. Based on this analysis, the project will be a net gain to the city of $5,444.00. In addition, the city will collect $328,656.00 in one-time impact fees. II. INITIAL ZONING AND ZONE CHANGE 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 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned county R-2. The applicants are requesting the city R-4 Zone. The Kalispell Zoning Regulations state that the R-4 Zoning District is "Comprised of primarily single-family and duplex dwellings. Development within the district would require all public utilities, and community facilities. This zoning district would typically be found in areas designated as Urban Residential on the Kalispell Growth Policy Future Land Use Map." 1. Does the requested zone comply with the growth policy? The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential. As stated above, the R-4 Zoning District would typically be found in areas designated as Urban Residential on the Kalispell Growth Policy Future Land Use Map. Therefore, the requested R- 4 Zoning District complies with the growth policy, which anticipates the R-4 Zone. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The requested zones will have a small effect on motorized and non -motorized transportation systems if the property is developed, as the R-4 Zoning District allows for higher density than the current county R-2 Zoning District. Although a small increase in traffic would be anticipated, it is not anticipated the development of the site will negatively impact the transportation system. Because of the scale of the project (less than 300 vehicle trips a day) a separate Traffic Impact Study is not required. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police and fire protection, water, and sewer service are available to the area. 5 4. Will the requested zone promote the public health, safety and general welfare? The requested zoning classifications will promote the health and general welfare by restricting land uses. The land uses permitted by the requested R-4 Zone is compatible with the adjoining properties. 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone promote compatible urban growth? The requested R-4 Zoning District is the appropriate zone given the Urban Residential land use designation of the Kalispell Growth Policy Future Land Use Map. The R-4 Zone will allow the property to be developed to an urban standard, similarly to the neighboring city developments. The R-4 Zone will permit attached townhome development vs. detached single-family development, which is the normal in the neighborhood. Although townhome development would be permitted, it is not uncommon to have a mix of attached townhomes and detached single-family homes in the same neighborhood, often immediately adjacent one another. 7. 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 to the property. The provision of public services will be defined when a development proposal is crafted for the property and reviewed by the applicable city departments. 8. Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed R-4 Zoning District is consistent with the surrounding urban development of the area in that it would allow for single-family development. The R-4 Zone gives due consideration of the suitability of this property for the permitted uses in the zoning district. 9. Does the requested zone give reasonable consideration to the character of the district? The proposed zoning is consistent with the character of the area, which has transitioned into an urban area with city services. The proposed zone would allow for the infill development of single-family housing in an area where city services are available. m 10. Will the requested zone avoid undue concentration of people? The requested zone is consistent with the growth policy land use designation of Urban Residential. The R-4 Zoning District has a maximum density of 3,000 square feet per unit, which is an anticipated amount of density within this area of the city. 11. Will the proposed zone conserve the value of buildings? Future development in the area will be reviewed for compliance with the dimensional standards and design review criteria, to ensure its appropriateness for the area and compatibility with the surrounding neighborhoods. The conservation of values of the existing buildings in the vicinity depends largely on the design and construction quality of the potential development in the area of the zone change, as opposed to the change of the zoning or potential use of the property. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? The most appropriate land uses throughout the jurisdiction are promoted by encouraging complementary and compatible uses which promote the general well-being of all citizens of the community. Urban -scale residential development should be encouraged in areas where services and facilities are available. In this case water and sewer lines are located immediately east of the property. RECOMMENDATION: Staff recommends that the Kalispell City Planning Board adopt Staff Report #KA- 19-03 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be City R-4 (Residential). 7 PIANNING FOR THE FUTURE Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning PETITION FOR ANNEXATION AND INITIAL ZONINGmm AUG 2 6 2019 NAME OF APPLICANT: Siderius Construction LLC K4MftNftVARW MAIL ADDRESS:_737 Egan Road CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: (406) 253-6891 MONTANA INTEREST IN PROPERTY: Owner Other Parties of Interest to be Notified: PARTIES OF INTEREST: Sands Surve in Inc Attn: Eric Mulcah MAIL ADDRESS:_2 Village Loop CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: (406) 755-64$1 INTEREST IN PROPERTY: Technical Representative PLEASE COMPLETE THE FOLLOWING: Address of the property: 1702 South Woodland Drive Legal Description:_ The south 286 feet of Lots 1-5 Block 4 of Greenacres North-West Subdivision (Lot and Block of Subdivision; Tract 4) Section 17, T28N, R21 W See attached Mete and Bounds (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac): 3.397 acres Current estimated market value $200,000.00 at 50% build out $600000.00 at 100% build out $1 200 000.00 Is there a Rural Fire Department RSID or Bond on this property Yes No X If yes remaining balance is $ The present zoning of the above property is: R-2 Count The proposed zoning of the above property is: _R-4 (Residential) State the changed or changing conditions that make the proposed amendment necessary: The property sits along South Woodland Drive in the Green Acre Neighborhood This neighborhood historically been a single family residential area with a mix of densities and unit types including mobile home parks. This neighborhood is also transitionina from County to City and with the extensions of City sewer and water services comes higher densities in the form of townhomes which are abundant just a little south in the Muskrat Drive area. 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 pAAperty fo4outine inspection during the annexation process. (Applicant) Date) 2 Metes and BoundsDescription tion DESCRIPTION: A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGMING at the southwest corder of Lot I of Certificate of Survey No. 18774 (records of Flathead County, Montana) which is a found iron pin; Thence S89017'57"E 604.44 feet to a found iron pin on the westerly R/W of South Woodland Drive; Thence along said RAW S00°03'49"W 281.76 feet to a found iron pin; Thence leaving said R/W N89004' 18"W 557.47 feet to a found iron pin; Thence N009 7' 10"E 279.72 feet to the point of beginning and containing 3.896 ACRES; Subject to and together with all appurtenant easements of record. 3 APPLICATION PROCESS APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are: the application procedure, compatibility and compliance with the Growth Policy, and compatibility of the proposed zoning with surrounding zoning classifications. 2. Completed application form. 3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District form, including an Exhibit A, legal description of the property. 4. A certified list of all property owners within 150 feet of the subject property is required with the information listed below. The list can be obtained from the Flathead County GIS Office (see attached form), or from a title company. Please note: Streets and roads are not included as part of the 150 feet. Assessor# Sec-Twn-RnQ Lot/Tract No Property Owner & Mailing Address 5. Annexation and Initial Zoning Fee made payable to the Kalispell Planning Department. 6. Fee Schedule: Annexation (includes initial zoning) $250 plus $20/acre 7. A bona fide legal description of the property from a recent survey, title report or deed which accurately describes the property to be annexed. 4 PLANNING FOR THE FUTURE REPORT TO: FROM: SUBJECT: MEETING DATE: MONT"A Doug Russell, City Manager Jarod Nygren, Senior Planner Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning KPP-19-03— Jaxon Ridge Preliminary Plat December 3, 2019 BACKGROUND: Siderius Construction, LLP is requesting permission for major subdivision approval for a 24-lot townhouse subdivision on 3.9-acres of land. The major subdivision will consist of demolishing an existing residence and subdividing the land into 24 sublots that will be constructed with single-family townhomes, common area/drainage and new city street being extended westerly from S. Woodland Drive. The application was reviewed in accordance with Section 28.2.06 of the Kalispell Subdivision Regulations. The property is located at 1702 S. Woodland Drive. The property can be legally described as the south 286 feet of Lots 1-5, Block 4 of Greenacres North-West Subdivision Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held duly noticed public hearings on October 8 and November 12, 2019, to consider the preliminary plat request. Staff presented staff report KPP-19-03 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend to the Council that the major subdivision be approved with the 20 conditions. During the public comment portion of the hearing on October 8, spoke regarding concerns with the density of the proposed project and traffic impacts. There being no further public testimony, the public hearing was closed and a motion was presented to adopt staff report KPP-19-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to 20 conditions. Board discussion concluded that the request was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution 5951, a resolution approving a request from Siderius Construction, LLP for major subdivision Preliminary Plat KPP-19-03, a major subdivision preliminary plat with 20 conditions of approval, located in south 286 feet of Lots 1-5, Block 4 of Greenacres North-West Subdivision Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 5951 October 8, 2019 and November 12, 2019, Kalispell Planning Board Minutes (Minutes with Annexation Materials) Staff Report Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO. 5951 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF JAXON RIDGE, DESCRIBED AS THE SOUTH 286 FEET OF LOTS 1-5, BLOCK 4 OF GREENACRES NORTH-WEST SUBDIVISION IN SECTION 17, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Siderius Construction, LLP, 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 October 8, 2019 and November 12, 2019 on the proposal and reviewed Subdivision Report #KPP-19-03 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Jaxon Ridge subject to certain conditions and recommendations; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of December 2, 2019, reviewed the Kalispell Planning Department Report #KPP-19-03, 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 1. That the Findings of Fact contained in Kalispell Planning Department Report 4KPP-19-03 are hereby adopted as the Findings of Fact of the city council. SECTION 2. That the application of Siderius Construction, LLP for approval of the Preliminary Plat of Jaxon Ridge, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. Preliminary Plat approval is contingent upon final approval of annexation request KA-19-03. 2. 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. 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. 4. 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. 5. 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. 6. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 7. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction. 8. South Woodland Drive shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards the length of the property. Upgrades include sidewalks, curb and gutter, street trees and landscape boulevard adjacent the applicant's property. 9. Prior to final plat, 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. 10. All existing and proposed easements shall be indicated on the face of the final plat. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 11. 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 12. Prior to filing the final plat, a letter from the U.S. 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. 13. A 310 permit shall be obtained from the Montana Department of Natural Resources and Conservation — Conservation District Bureau, for any disturbances/and or improvements adjacent to the slough along the properties western boundary. 14. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. The HOA should include provisions for the maintenance of all common areas. 15. 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 be provided to the Kalispell Parks and Recreation Department. 16. A cash in lieu of parkland in the amount of .03 acres per dwelling unit shall be provided. The cash payment will be based off of the fair market value of undivided, unimproved land prior to final plat approval. 17. Driveways accessing Lots 3-8 shall be constructed as shown on the submitted site plan. 18. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 19. All utilities shall be installed underground. 20. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. SECTION 3. 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 2ND DAY OF DECEMBER, 2019. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor JAXON RIDGE REQUEST FOR MAJOR SUBDIVISION APPROVAL STAFF REPORT #KPP-19-03 KALISPELL PLANNING DEPARTMENT SEPTEMBER 30, 2019 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for a major subdivision preliminary plat to create a 24-lot townhouse subdivision. A public hearing has been scheduled before the planning board for October 8, 2019, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION: Siderius Construction, LLC is requesting to subdivide 3.9-acres into a 24-lot townhouse subdivision. The major subdivision will consist of demolishing an existing residence and subdividing the land into 24 sublots that will be constructed with single-family townhomes, common area/drainage and new city street being extended westerly from S. Woodland Drive. The major subdivision application will be reviewed in accordance with Section 28.2.06 of the Kalispell Subdivision Regulations. A. Petitioner: Siderius Construction, LLC 737 Egan Road Kalispell, MT 59901 Technical Assistance: Sands Surveying, INC 2 Village Loop Kalispell, MT 59901 B. Location and Legal Description of Property: The property is located at 1702 S. Woodland Drive. The property can be legally described as the south 286 feet of Lots 1-5, Block 4 of Greenacres North-West Subdivision Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Size: Total: Lots: Roads/Streets: Common Area: 3.90 acres 2.53 acres .66 acres .71 acres 1 D. Existing Land Use and Zoning: The subject property is developed with an old single-family ranch home with the remainder being undeveloped farmland and a wetland slough at the western boundary. The property is currently under Flathead County jurisdiction and within the R-2 (One -family limited residential) Zoning District. This district is defined as "A district to provide for large -tract residential development. These areas will typically be found in suburban areas, generally served by either sewer of water lines." The single-family home and appurtenant facilities located on the property will be removed prior to construction of the subdivision. The applicant has concurrently submitted an annexation and initial zoning request application. Their request is to annex the entire property into city limits with an initial zoning of R-4. The R-4 Zoning District is defined as "Comprised of primarily single-family and duplex dwellings. Development within the district would require all public utilities, and community facilities. This zoning district would typically be found in areas designated as urban residential on the Kalispell Growth Policy Future Land Use Map." Provided the annexation request is approved the proposed subdivision is in compliance with the Kalispell Zoning Regulations. E. Adjacent Land Uses: North: Single-family East: Single-family and mobile home park South: Single-family West: Single-family and slough F. Adjacent Zoning: North: City R-2, County R-2 East: City R-2, County R-2 South: County R-2 West: County R-4 G. General Land Use Character: The general land use category of the area can be described as single-family residential. The area is a mix of county single-family development and city single-family development, of which much of the county development is served by city sewer. There is also a mobile home park located to the southeast of the subject property. E H. I. A. B. W Utilities and Public Services: City water and sewer mains are both located within South Woodland Drive immediately adjacent the subdivision to the east. When developed, the developer will be required to pay the cost for the utility extensions. The design and sizing of water and sewer extensions will be reviewed and approved by the Kalispell Public Works Department prior to development of the site. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyLink Schools: School District 5, Elrod Elementary Fire: City of Kalispell Police: City of Kalispell REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT Effects on Health and Safety: Fire: The property would be considered to be at low risk of fire because any building constructed within the subdivision would be built in accordance with the International Fire Code and have access which meets city standards. The area to be built upon does not have steep slopes or woody fuels. Hydrants will be required to be placed in compliance with the requirements of the Uniform Fire Code and approved by the Fire Chief. Flooding: Flood Insurance Rate Map, panel number 30029C 1820J shows the entire subdivision to be outside of the 100-year floodplain. Access: Access is provided by South Woodland Drive to the east, an improved collector street. An unnamed local street, which accesses South Woodland Drive, provides direct access into the proposed subdivision. The unnamed city street will be a local street constructed to city standards. Effects on Wildlife and Wildlife Habitat: There are no known big game wintering ranges, migration routes, nesting areas, wetlands, or important habitat for rare or endangered species per the Kalispell Growth Policy environmental considerations maps. Effects on the Natural Environment: Surface and groundwater: The subdivision will be served by public water and sewer thereby minimizing any potential impacts to groundwater. The 3 site is not within a designated 100-year floodplain per the Flood Insurance Rate Map Number 30029C 1820J. Drainage: Curbs and gutters will be installed and a storm management plan will have to be developed to address the runoff from the site. A preliminary storm water design has been submitted for the development showing a detention pond within the open space area that will outfall into the slough to the west. The drainage plan will have to comply with the City of Kalispell standard and designed by a professional engineer. A condition of approval requires that a homeowner's association be created for the maintenance of the common area which would include the common area drainage easements. As part of the storm easement areas the association will be required to mow the area to reduce fire hazard and reduce spread of noxious weeds. Lastly, the developer is required to submit for review to the Kalispell Public Works Department an erosion/ sediment control plan for review and approval. These plans provide for managing storm water on the site and include stabilizing the construction site through an approved revegetation plan after site grading is completed. D. Effects on Local Services: Water: Water to the subdivision will be provided by the City of Kalispell. The applicant will extend water service to the property from South Woodland Drive to the east. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision. There is adequate capacity within the city's water system to accommodate this subdivision. Sewer: Sewer to the subdivision will be provided by the City of Kalispell. The applicant will extend sewer service to the property from South Woodland Drive to the east. The sewer system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision. There is adequate capacity within the city's sewer system to accommodate this subdivision. Access and Roads: The subdivisions main entrance will be off an improved unnamed city street, constructed to local standards. The unnamed city accesses South Woodland Drive, an improved collector street. Schools: The property is within the boundaries of School District #5 and Elrod Elementary. The school district could anticipate an additional 12 school aged children from the subdivision. This number takes into account home school education options and private school options as well as those attending public facilities. This subdivision would have a potential impact on the district. 0 Section 76-3-608(1) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services. 1. Parks and Open Space: The state and local subdivision regulations have parkland dedication requirements or cash in lieu of parkland dedication in the amount of .03 acres per dwelling unit. Accordingly, the parkland requirement for the subject property would be .75 acres. The applicant intends to pay cash in lieu of parkland. The cash payment will be based off the fair market value of undivided, unimproved land prior to final plat approval. The money would be used for improvements to existing parks and acquisition of new park land in the immediate area. The cash payment will be based off of the fair market value of undivided, unimproved land prior to final plat approval. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this subdivision. Additionally, the road network to the subdivision provides adequate access for fire protection. Fire station 61 is located approximately 1.5 miles away providing good response time. Solid Waste: Solid waste will be handled by the City of Kalispell. 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 approximately 3.5 miles from the site. E. Effects on Agriculture and agricultural water user facilities: The subject property is within an urbanized area with a majority of the neighboring properties lying within city limits and adjacent to City of Kalispell water and sewer. There will be no impact to agriculture facilities in this case, as the property has not been used for agriculture for years and is surrounded by development in all directions. No impact to water user facilities are anticipated since the property will be served by a public water system. F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future Land Use Map designates this area as Urban Residential development, which anticipates primarily single-family, including townhouse and duplex development, with a density of not to 5 exceed 12 dwelling units per acre. The proposed subdivision has a density of 6.2 dwelling units per acre. The density is in compliance with the anticipated density in the area and the proposed residential use of single- family is anticipated. G. Compliance with Zoning: Provided the county R-2 (one -family limited residential) portion of the development is annexed, the entire property is located within the R-4 (Residential) Zoning District. The Kalispell Zoning Ordinance describes the intent of this districts as: "Comprised of primarily single-family and duplex dwellings. Development within the district would require all public utilities, and community facilities. This zoning district would typically be found in areas designated as urban residential on the Kalispell Growth Policy Future Land Use Map." All of the lots shown on the preliminary plat meet or exceed the minimum lot size requirement of 6,000 square feet and minimum 50-foot lot width requirement. H. Compliance with the Kalispell Subdivision Regulations: This subdivision request complies with provisions of the Kalispell Subdivision Regulations. RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP-19-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Jaxon Ridge be approved, subject to the conditions listed below: CONDITIONS OF APPROVAL 1. Preliminary Plat approval is contingent upon final approval of annexation request KA-19-03. 2. 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. Cel 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. 4. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water 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. 5. 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 Storm Water Discharge Associated with Construction Activities. 6. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 7. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction. 8. South Woodland Drive shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards the length of the property. Upgrades include sidewalks, curb and gutter, street trees and landscape boulevard adjacent the applicant's property. 9. Prior to final plat, 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. 10. All existing and proposed easements shall be indicated on the face of the final plat. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 11. 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 12. Prior to filing the final plat, a letter from the U.S. 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. 13. A 310 permit shall be obtained from the Montana Department of Natural Resources and Conservation - Conservation District Bureau, for any disturbances/and or improvements adjacent the slough along the properties western boundary. 14. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. The HOA should include provisions for the maintenance of all common areas. 15. 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 be provided to the Kalispell Parks and Recreation Department. 16. A cash in lieu of parkland in the amount of .03 acres per dwelling unit shall be provided. The cash payment will be based off of the fair market value of undivided, unimproved land prior to final plat approval. 17. Driveways accessing Lots 3-8 shall be constructed as shown on the submitted site plan. 18. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 19. All utilities shall be installed underground. 20. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. F3 Planning Departm���VE� 201 1-t Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 AUG 2 � 2019 Fax: (406) 758-7739 p" www.kalis ell.cornannxn� MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION FEE SCHEDULE: Major Subdivision (6 or more lots) Mobile Home Parks 8v Campground FEE ATTACHED $4000.00 $1,000 + $125/lot s (6 or more spaces) $1,000 + $250/space (5 or fewer spaces) $400 + $125 / space Amended Preliminary Plat Amendment to Conditions Only Re -configured Proposed Lots Add Additional Lots or Sublots Subdivision Variance Commercial and Industrial Subdivision SUBDIVISION NAME: Jaxon Ride Subdivision OWNER(S) OF RECORD: $400 base fee Base fee + $40/lot Base fee + $125/lot $100 (per variance) $1,000 + $125/lot Name Siderius Construction, LLC Phone 406 253-6891 Mailing Address _737 Egan Road City Kalispell State `MT Zip 59901 TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name 8, Address Sands Surveying,Inc; Attn: Eric Mulcahy, 2 Village Loop, Kalispell, MT 59901 Name 8, Address Carver Engineering, Attn: Tom Cowan1995 3rd Avenue East Kalispell, MT 59901 Name 8s LEGAL DESCRIPTION OF PROPERTY: Property Address 1702 South Woodland Drive Kalispell. Assessor's Tract No(s) N/A Lot No(s) The south 286 feet of Lots 1-5 Block 4 of Greenacres North-West Subdivision 1 /4 Sec _SW SE Section 17 Township 28 Range 21 GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces 24 Total Acreage in Subdivision 3.897 ac Total Acreage in Lots 2.509 ac Minimum Size of Lots or Spaces 0.63 ac Total Acreage in Streets or Roads_0.731 ac_ Maximum Size of Lots or Spaces _0.258 ac Total Acreage in Parks, Open Spaces and/or Common Areas 0.657 acres in common areas._ PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family Townhouse _24 sublots Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other 2 lots undetermined but will comply with zoning APPLICABLE ZONING DESIGNATION & DISTRICT R-2 (County), Propose R-4 (Kalispell) ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS $200,000.00 IMPROVEMENTS TO BE PROVIDED: Roads: Gravel Paved X Curb _X Gutter X Sidewalks X Alleys Other Water System: Individual Multiple User Neighborhood Public X Other Sewer System: Individual Multiple User Neighborhood Public X Other Other Utilities: Cable TV X Telephone X Electric X Gas X Other Solid Waste: Home Pick Up X_ Central Storage Contract Hauler _Owner Haul Mail Delivery: Central X Individual School District: Kalispell Fire Protection: Hydrants X Tanker Recharge Fire District: Drainage System: Drainage developed with the construction of the first three bases of West View Estates PROPOSED EROSION/ SEDIMENTATION CONTROL: BMP's VARIANCES: ARE ANY VARIANCES REQUESTED? No (yes/no) If yes, please complete the information below: SECTION OF REGULATIONS CREATING HARDSHIP: EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE WITH REGULATIONS PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: 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? 5. 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. Electronic copy of plat. 4. One reproducible set of supplemental information. (See Appendix A of Subdivision Regulations for the city where the subdivision is proposed.) 5. One reduced copy of the preliminary plat not to exceed I I" x 17" in size. 6. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. 7. Application fee. S. A certified list of all property owners within 150 feet of the subject property is required with the information listed below. The list can be obtained from the Flathead County GIS Office (see attached form), or from a title company. Please note: Streets and roads are not included as part of the 150 feet. Assessor# Sec-Twn-Rn Lot/Tract No Property Owner & Mailing Address I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be untrue, I understand that any approval based thercon may be rescinded, and other appropriate action taken. 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