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I7. Resolution 5970, KNTC PH 3, 4 Prelim PlatDevelopment Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KPP-19-04 — Kalispell North Town Center Phases 3 & 4 MEETING DATE: April 6, 2020 BACKGROUND: This matter is a request from Eagle Valley Ranch Apartments, LLC and Stillwater Corporation for major subdivision approval of Kalispell North Town Center, Phase 3 and 4. The subdivision is located within Kalispell North Town Center and is generally located east of Kalispell Ford, east of the Kalispell Armory, west of Jefferson Boulevard and north of Lincoln Street. Kalispell North Town Center is 485.5 acres and includes four zoning designations of R-3 (single- family residential), R-4 (two-family residential), B-1 (neighborhood business), and B-2 (general business). The subdivision request encompasses a portion of the commercial component of the PUD. Phase 3 and 4 contains 39.3-acres and includes 26 commercial lots (23 in Phase 3 and 3 in Phase 4), common area, and new city street. The lots range in size from .57 acres to 3.23 acres. The new city street will be constructed to city standards. The property can be legally described as Lot lA of the amended plat of Block 3 of Kalispell North Town Center — Phase 2 and Lots 8 & 9, Block I and Lot 1, Block 2 of Kalispell North Town Center — Phase 2 located in portions of the S1/2 of Section 19 and the N1/2 of Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearings on March 10, 2020, to consider the preliminary plat request. Staff presented staff report KPP-19-04 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 request be granted. At the public hearing, a representative for the applicant spoke. There were no other public comments received. The public hearing was closed, and a motion was presented to adopt staff report KPP-19- 04 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for the property be approved. Two proposed conditions were amended. Condition 19, which stated that "The trail crossings at Lincoln Street, Cascade Loop, and Jefferson Boulevard are permitted only at designated intersections" was amended to include "as agreed upon by Public Works." Condition 20, which stated that "Lots 8, 9, and 10 shall only gain access off of Cascade Loop" was amended to include "as approved by Public Works." 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 5970, a resolution approving a request from Eagle Valley Ranch Apartments, LLC and Stillwater Corporation for a major subdivision (Preliminary Plat KPP-19-04) with 20 conditions of approval, located in Lot IA of the amended plat of Block 3 of Kalispell North Town Center — Phase 2 and Lots 8 & 9, Block 1 and Lot 1, Block 2 of Kalispell North Town Center — Phase 2 located in portions of the S1/2 of Section 19 and the N1/2 of Section 30, Township 29 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 5970 March 10, 2020, Kalispell Planning Board Minutes Staff Report Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO. 5970 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF KALISPELL NORTH TOWN CENTER, PHASES 3 AND 4, DESCRIBED AS LOT IA OF THE AMENDED PLAT OF BLOCK 3 OF KALISPELL NORTH TOWN CENTER - PHASE 2 AND LOTS 8 AND 9, BLOCK 1 AND LOT 1, BLOCK 2 OF KALISPELL NORTH TOWN CENTER — PHASE 2 LOCATED IN PORTIONS OF THE SOUTH HALF OF SECTION 19 AND THE NORTH HALF OF SECTION 30, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Eagle Valley Ranch Apartments, LLC and Stillwater Corporation, the owners 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 March 10, 2020 on the proposal and reviewed Subdivision Report #KPP-19-04 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Kalispell North Town Center, Phases 3 and 4, subject to certain conditions and recommendations; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of April 6, 2020, reviewed the Kalispell Planning Department Report #KPP-19-04, 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 #KPP-19-04 are hereby adopted as the Findings of Fact of the city council. SECTION 2. That the application of Eagle Valley Ranch Apartments, LLC and Stillwater Corporation for approval of the Preliminary Plat of Kalispell Town Center, Phases 3 and 4, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. 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. 2. All applicable conditions within Ordinance 1630 (Kalispell North Town Center PUD) shall apply. 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, or a proper bond is in place for said improvements. 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 of any new mains located within the new unnamed street located between Cascade Loop and Lincoln Street as well as any extensions necessary to serve Lots 11, 14, 15, and 16. 7. The developer shall submit the street designs to the Kalispell Public Works Department for review and approval prior to construction of the new unnamed street located between Cascade Loop and Lincoln Street. 8. 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. 9. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 10. 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 j oint 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 11. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 12. 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 including the storm water ponds and open space areas. 13. A note shall be placed on the final plat stating that owners waive their right to protest a Special Improvement District for maintenance of common areas. A district shall only be activated in the event that the homeowner's association defaults on their common area maintenance obligations. The taxes levied within the special improvement district shall be determined by the appropriate city department with approvals by the Kalispell City Council. 14. 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. 15. All utilities shall be installed underground. 16. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 17. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. 18. The trail crossing at Rose Crossing shall include the installation of a pedestrian -actuated rectangular rapid flashing beacon. 19. The trail crossings at Lincoln Street, Cascade Loop and Jefferson Boulevard are permitted only at designated intersections as agreed upon by Public Works. 20. Lots 8, 9, and 10 shall only gain access off of Cascade Loop as approved by Public Works. 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 6TH DAY OF APRIL, 2020. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING March 10, 2020 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, Rory Young, Doug Kauffman, Ronalee Skees, George Giavasis and Joshua Borgardt was absent. Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Vomfell moved and Kauffman seconded a motion to approve the minutes of the February 11, 2020 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KCU-20-01— OWL CORPORATION — File #KCU-20-01 - A request from Owl Corporation for a conditional CONDITIONAL USE PERMIT use permit to allow a multi -family development as a second phase of an existing multi -family development. The project would contain ten buildings with a total of 120 dwelling units. The property is located on the west end of Sawyer Lane/Owl View Subdivision near West View Estates and is located in an RA-2 (Residential Apartment/Office) zone. STAFF REPORT Jarod Nygren representing the Kalispell Planning Department reviewed Staff Report # KCU-20-01. Nygren presented the project location, surrounding land uses, existing zoning, City services and Growth Policy. Nygren recommended to the board that they strike condition # 12. Nygren went on to explain the condition was based off the preliminary plat of Westview, completed back in 2003. Since that time Old Reserve was improved, so the additional 10-foot right-of-way is not needed now. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-20-01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions (removing 12) listed in the staff report. BOARD DISCUSSION Graham asked if the impact fees go towards the placement of sewer and water utilities in this development. Nygren advised that any water and sewer extensions that are provided to this development will be paid for by the developer, roads included. PUBLIC HEARING Dan Stetler — 228 Rosewood, speaking on behalf of his sister Cheryl Main who lives at 128 All Loop 996 — she is concerned with a 3-story building height, increased traffic & congestion as well as pedestrian traffic increase on walking trail by her house. MOTION Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-20-01 Kalispell City Planning Board Minutes of the meeting of March 10, 2020 Pagel as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions in the staff report. BOARD DISCUSSION Vomfell asked for clarification of recommendation to strike condition # 12. Nygren advised because the Right of Way had already been acquired with the earlier improvements of Old Reserve. Nygren also clarified the project boundary in relation to the public comment received. MOTION — STRIKE CONDITION #12 Skees moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission amend Staff Report #KCU-20- 01 by striking condition 412 from the conditions of approval listed in the staff report. BOARD DISCUSSION — AMENDED None. MOTION ROLL CALL — AMENDED MOTION Motion passed unanimously on a roll call vote. BOARD DISCUSSION — ORIGINAL Motion passed unanimously on a roll call vote. MOTION ROLL CALL — ORIGINAL MOTION Motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Doug Kauffman recused himself from KCU-20-02 because he is a representative for the applicant. KCU-20-02 — THE MERIDIAN File #KCU-20-02 — A request from The Meridian Apartments, LLC for a APTS — CONDITIONAL USE conditional use permit to allow a multi -family development with four PERMIT building and a clubhouse, with a total of 144 dwelling units. The property is located at 41 Meridian Court in a B-1 (Neighborhood Business) zone. STAFF REPORT Jarod Nygren representing the Kalispell Planning Department reviewed Staff Report # KCU-20-02. Nygren noted the new site plan submitted after the original submittal. Nygren presented the project location, surrounding land uses, existing zoning, City services and Growth Policy. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-20-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Graham asked for clarification on new vs. old site plan. Nygren advised that the new site plan gives the current homeowners to the south more space than the previous site plan. PUBLIC HEARING Doug Peppmeier — TD&H Engineering — representative for applicant — offered to answer any questions and noted that the driving force behind the new site plan design was from the public comments and concerns they have received. Kalispell City Planning Board Minutes of the meeting of March 10, 2020 Page 12 MOTION Vomfell moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-20-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Kauffman re -seated BOARD MEMBER SEATED Young recused himself from KPP-19-04 because he is a representative for the applicant KPP-19-04 — KNTC PHASE 3&4 — File #KPP-19-04— A request from Eagle Valley Ranch Apartments, LLC PRELIMINARY PLAT and Stillwater Corporation for major subdivision approval of Kalispell North Town Center, Phases 3 and 4. The subdivision is located within Kalispell North Town Center and is generally located east of Kalispell Ford, east of the Kalispell Armory, west of Jefferson Boulevard and north of Lincoln Street. STAFF REPORT Jarod Nygren representing the Kalispell Planning Department reviewed Staff Report # KPP-19-04. Nygren presented the project location, surrounding land uses, existing zoning, City services and Growth Policy. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-19-04 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Kalispell North Town Center — Phases 3 and 4 be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION None. PUBLIC HEARING Rory Young- Jackola Engineering — representative for applicant — noted that he has spoken with staff regarding some concerns with condition 919 & #20 in the staff report and asked the board to consider changing some verbiage in them. MOTION - ORIGINAL Kauffman moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-19-04 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Kalispell North Town Center — Phases 3 and 4 be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION Discussed some minor language changes in conditions 919 & 920. MOTION — AMEND CONDITION #19 Skees moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission amend Staff Report #KPP-19- 04 by amending condition #19 to state the trail crossings at Lincoln Street, Cascade Loop and Jefferson Boulevard are permitted as agreed upon by Public Works. Kalispell City Planning Board Minutes of the meeting of March 10, 2020 Page13 BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — AMEND CONDITION #20 Skees moved and Kauffman seconded a motion that the Kalispell City Planning Board and Zoning Commission, amend Staff Report #KPP-19- 04 by amending condition #20 to state Lots 8, 9, and 10 shall only gain access as approved by Public Works. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD DISCUSSION — MAIN MOTION None. ROLL CALL — MAIN MOTION Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Young re -seated. OLD BUSINESS None. NEW BUSINESS The new Planner II position has been filled; new hire will start April 6'. May be looking to do a work session in April on the pedestrian plan. ADJOURNMENT The meeting adjourned at approximately 7:02pm. NEXT MEETING The next meeting of the Kalispell Planning Board will be on Tuesday, April 14, 2020 at 6:00 p.m. and is 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 March 10, 2020 Page 14 KALISPELL NORTH TOWN CENTER - PHASE 3 & 4 REQUEST FOR MAJOR SUBDIVISION APPROVAL STAFF REPORT #KPP-19-04 KALISPELL PLANNING DEPARTMENT March 4, 2020 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a preliminary plat application to create 26 lots within Kalispell North Town Center. A public hearing has been scheduled before the planning board for March 10, 2020, 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: A request from Eagle Valley Ranch Apartments, LLC and Stillwater Corporation for major subdivision approval of Kalispell North Town Center, Phase 3 and 4. The subdivision is located within Kalispell North Town Center and is generally located east of Kalispell Ford, east of the Kalispell Armory, west of Jefferson Boulevard and north of Lincoln Street. Kalispell North Town Center is 485.5 acres and includes four zoning designations of R-3 (single-family residential), R-4 (two-family residential), B-1 (neighborhood business), and B-2 (general business). The subdivision request encompasses a portion of the commercial component of the PUD. Phase 3 and 4 contains 39.3-acres and includes 26 commercial lots (23 in Phase 3 and 3 in Phase 4), common area, and new city street. The lots range in size from .57 acres to 3.23 acres. The new city street will be constructed to city standards. The application will be reviewed in accordance with Section 28.2.06 of the Kalispell Subdivision Regulations. A. Petitioner and Owners: Stillwater Corporation P.O. Box 7338 Kalispell, MT 59904 Eagle Valley Ranch Apartments 341 W. Second Street #1 San Bernardino, CA 92401 Technical Assistance: Jackola Engineering 2250 HWY 93 South Kalispell, MT 59901 B. Location and Legal Description of Property: The property can be legally described as Lot lA of the amended plat of Block 3 of Kalispell North Town Center - Phase 2 and Lots 8 & 9, Block 1 and Lot 1, Block 2 of Kalispell North Town Center - Phase 2 located in portions of the S 1 /2 of Section 19 and the N 1 /2 of Section 30, Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 1 C. Size: Total area: 39.3 acres Lots: 36.25 acres Roads/Streets: 1.16 acres Open Space: 1.9 acres D. Existing Land Use and Zoning: The subject property is undeveloped grass lands with city infrastructure in place including, streets, water and sewer. The area to be subdivided has a PUD overlay that contains the zoning designations B-2/PUD. E. Adjacent Land Uses: North: Vacant land, MDT Facility and National Guard Armory East: Vacant Land South: Vacant land West: Ford dealer, U.S. 93 and vacant land 2 F. Adjacent Zoning: North: City P-1 and RA-2/PUD East: City B-2/PUD and R-3/PUD South: City B-2/PUD West: City B-2/PUD G. General Land Use Character: The area can be largely described as rural but in transition. The subject property was annexed into the city prior to the recession with the plan of developing the property into a mixed development consisting of commercial development, multi -family, townhouses, open space and single-family residential. The development will be of urban scale and be an extension of the already developed city. F. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: Private Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: Centurylink Schools: School District No. 5, Edgerton Elementary Fire: City of Kalispell Police: City of Kalispell REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT KALISPELL NORTH TOWN CENTER - PHASE 3 AND 4 SUBDIVISION A. 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 property 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. Fire station 62 is located approximately 1.6 miles away providing good response time. Flooding: Flood Insurance Rate Map, panel number 30029C 1415J shows the entire subdivision to be outside of the 100-year floodplain. Access: Access to the subdivision will be provided by U.S. 93 North, a four lane highway. Two access roads (Rose Crossing and Lincoln Street) provide access into the subdivision off of U.S. 93 North. Rose Crossing has been constructed through the property to the east connecting with Whitefish Stage Road. Rose Crossing will include a fully lighted intersection when warrants are met. Lincoln Street has been constructed and its intersection with U.S. 93 North has a 3/4 movement. Cascade Loop and Jefferson Boulevard have been constructed providing direct access to the lots within the phase. Phase 4 includes the construction of a new north/south unnamed street located between Cascade Loop and Lincoln Street providing 3 additional connectivity. In order to maintain the functionality of Rose Crossing as an arterial roadway, which should have access control, staff is recommending that Lots 8-10 only gain their access off of Cascade Loop. Cascade Loop connects to Jefferson Boulevard and provides for access onto Rose Crossing via a controlled street intersection. The preliminary plat includes common area that will include a trail system, providing additional connectivity/access. Staff recommends that the trail system only cross the public right-of-ways of Cascade Loop, Jefferson Boulevard and Lincoln Street at designated intersections for pedestrian safety. Where the trail heading north/south crosses Rose Crossing staff recommends that the crossing include a pedestrian -actuated rectangular rapid flashing beacon to alert drivers of pedestrian crossing along the major roadway. B. Effects on Wildlife and Wildlife Habitat: Map 7.8 located within Appendix A of the Growth Policy does not show this area as active wildlife habitat. Additionally, this phase of the development is not located adjacent the Stillwater River Riparian Corridor. Therefore, one can reasonably assume there will not be an effect on the wildlife and wildlife habitat. C. Effects on the Natural Environment: Topography, Geology and Soils: There are no areas of shallow bedrock within the proposed development. There are no areas with rock falls, slides or slumps, or rock outcroppings. Best Management Practices, such as appropriate grading and vegetation establishment will preclude erosion problems and standard good operating procedures during construction will inhibit any nuisance dust problems. Based off of a previous field study completed by CMG Engineering the site is suitable for commercial development. The study did have concern with the presence of loose sand and silts encountered at anticipated foundation bearing elevations of Lots 28-33. Depending on the foundation loads, some sort of soil treatment, such as over excavation and replacement with structural fill is anticipated. The proposed project site is within Seismic Hazard Zone 3. All buildings will be designed to the appropriate seismic engineering standard for the area and reviewed by the building department. Surface and Groundwater: The only natural surface water with this project is the Stillwater River which is located approximately .5 miles from the proposed subdivision to the south. There is a shallow perched aquifer table located on the northeast section of the entire Kalispell North Town Center property. The minimum depth to the water table was observed and was approximately 6'. The limits of the perched aquifer do not protrude into the proposed subdivision where development would be expected. Drainage: The applicant has developed a subdivision level storm drainage system with a detention pond located south of the subdivision. Curbs and gutter are installed along the streets throughout the subdivision and the storm water will be conveyed to the detention pond. A final storm water design will be reviewed and approved by Kalispell Public Works prior to construction and final plat submittal. 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 C! 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. Noise: U.S. 93 North is approximately 10 feet below the proposed elevation of the subdivision. The Federal Highway Administration recognizes depressing the highway below grade as a common noise mitigation measure. In addition, there is an approximately 100' open space buffer located between the highway and the nearest parcel already platted with Phase 2. Lastly, the nearest proposed land use is commercial which is not considered as noise sensitive as residential development and therefore is considered as additional noise mitigation for the overall development. D. Effects on Local Services: Water: Phases 3 and 4 will be provided water service via an existing 14" water main located within the right-of-way boundary of U.S. Hwy 93 North and water mains located within Lincoln Street, Jefferson Boulevard and Cascade Loop. The water system has been designed in accordance with the City of Kalispell Standards for Design and Construction and Montana Department of Environmental Quality Design Standards for Water Works. There is adequate capacity within the city's water system to accommodate this development. There is a latecomers fee associated with this 14" main. Sewer: Phases 3 and 4 will convey sewer via gravity flow into an existing 18" sanitary sewer main located within the right-of-way boundary of U.S. Hwy 93 North and existing as well as proposed sewer mains located within Lincoln Street, Jefferson Boulevard, Cascade Loop, and a new proposed road running north to south between Cascade and Lincoln. The sanitary sewer system has been designed in accordance with City of Kalispell Standards for Design and Construction and Montana Department of Environmental Quality Design Standards for Public Sewage Systems, and any new extensions will need to meet the same design requirements. There is adequate capacity within the city's sewer system to accommodate this development. There is a latecomers fee associated with this 18" sewer main. Due to reconfigurations of lots/lot sizes as phasing has progressed, Lots 11, 14, 15, and 16 have no existing sewer main available to them. The developer will need to extend existing mains to serve these lots. Any road surfaces disturbed will require an overlay or chip seal to restore the surface to acceptable standards. Roads: As discussed under the "Access" section of this document, U.S. 93 North will provide access to the subdivision in coordination with an internal road system. All of the roads are designed and constructed in accordance with the City of Kalispell Standards for Design and Construction. All private internal road systems providing access to the lots will require Site Review Committee approval for pedestrian and vehicular access prior to building permit issuance of any structures on the lots. 5 Schools: This development is within the boundaries of Kalispell School District No. 5., Edgerton Elementary. The commercial lots will not have an impact on the school district. Lots 29-33 will likely develop with as many as 300 multi -family units. The multi -family lots have the potential to have a minor impact on the district, as 150 students can be expected by the development on average. 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. Parks and Open Space: 3.6-acres of open space is proposed (primarily within Phase 4) in addition to the open space that was already platted with Phase 1 and Phase 2 of the subdivision. No parkland or open space is required for those lots. The 3.6-acres includes common area that will be used for trail connectors and a pond within the development. Phase 1 and Phase 2 included the 100' wide open space buffer area located along U.S. Hwy 93 and an open space buffer area located between the multi -family residential lot and the National Guard Armory (Lots 29-33). The open space areas will have a path located within them for recreation and pedestrian connectivity. Overall the PUD requires that a minimum of 72.3 acres of open space and parkland shall be provided within the development. Police: This subdivision is in the jurisdiction of the City of 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 will provide adequate access for fire protection. Fire station 62 is located approximately 1.6 miles away providing good response time. Solid Waste: Solid waste will be private disposal. 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 2.7 miles from the site. E. Effects on Agriculture and agricultural water user facilities: The proposed subdivision site was previously used for agricultural purposes. The location and proximity to urban services and surrounding urban development make this property suited for commercial development as recommended in the Kalispell Growth Policy Future Land Use map. By allowing higher density development within the City's growth policy area, it could reasonably be expected that more farmland could be conserved because the availability of residential and commercial lots within the Kalispell Growth Policy boundary, limiting sprawl development further out into the county. E. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future Land Use Map designates this area as Urban Mixed Use, which anticipates a mix of commercial, single-family and multi -family residential development. The subdivision is proposing commercial 26 commercial lots; therefore the proposed uses are in compliance with the Kalispell Growth Policy. F. Compliance with Zoning: In 2008 the city council approved the Glacier Town Center PUD which provided a master plan for a 485.5 acre site. The subject subdivision is a 39.3-acre portion of the master plan. The area to be subdivided contains the zoning designations B-2/PUD, for which the proposed subdivision complies. In addition, as the properties develop additional standards will be applied in regards to open space, landscaping, architecture, signage, etc. as outlined in Ordinance No. 1630. The Site Review Committee will evaluate compliance with those standards at time of overall site layout for the subdivision and building permit issuance. H. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations and no variances have been requested. RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP-19-04 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Kalispell North Town Center - Phases 3 and 4 be approved, subject to the conditions listed below: CONDITIONS OF APPROVAL Conditions: 1. 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. 2. All applicable conditions within Ordinance 1630 (Kalispell North Town Center PUD) shall apply. 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, or a proper bond is in place for said improvements. rA 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 of any new mains located within the new unnamed street located between Cascade Loop and Lincoln Street as well as any extensions necessary to serve Lots 11, 14, 15, and 16. 7. The developer shall submit the street designs to the Kalispell Public Works Department for review and approval prior to construction of the new unnamed street located between Cascade Loop and Lincoln Street. 8. 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. 9. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 10. 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 11. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 12. 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 including the storm water ponds and open space areas. E: 13. A note shall be placed on the final plat stating that owners waive their right to protest a Special Improvement District for maintenance of common areas. A district shall only be activated in the event that the homeowner's association defaults on their common area maintenance obligations. The taxes levied within the special improvement district shall be determined by the appropriate city department with approvals by the Kalispell City Council. 14. 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. 15. All utilities shall be installed underground. 16. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 17. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. 18. The trail crossing at Rose Crossing shall include the installation of a pedestrian - actuated rectangular rapid flashing beacon. 19. The trail crossings at Lincoln Street, Cascade Loop and Jefferson Boulevard are permitted only at designated intersections. 20. Lots 8, 9, and 10 shall only gain access off of Cascade Loop. I STILLWATER CORPORATION KALISPELL NORTH TOWN CENTER REVISED PHASE 3 & 4 PRELIMINARY PLAT APPLICATION Kalispell, Montana Prepared By: 'Q' c0 �J e � 4rch'tecTure, SuNeyinq,�'a�a 5 Jackola Engineering & Architecture PO Box 1134 Kalispell, MT 59903 Project No. 190906 Contact: Toby McIntosh, PE 406-755-3208 Date February 7, 2020 KNTC Phase 3 & 4 Preliminary Plat Application TABLE OF CONTENTS Project Summary City of Kalispell Major Subdivision Preliminary Plat Application Preliminary Plat KNTC Phases 3 & 4 — Plans Title Sheet Existing Site Survey Preliminary Plat Site and Utility Plan Vicinity Maps Adjacent Property Information Vicinity Zoning KNTC Phase 3 & 4 Preliminary Plat Application PROJECT SUMMARY Kalispell North Town Center (KNTC) is a Planned Unit Development located on the east side of US Highway 93, on the north and south sides of Rose Crossing. Phases 3 and 4 of the KNTC development covers 39.31 acres. The project proposes a re - subdivision of 4 existing lots within the KNTC Phase 2 subdivision and includes the addition of 23 new commercial lots ranging in size from 0.57 to 3.23 acres. The project is located within the B-2 zone in the commercial overlay of the KNTC Planned Unit Development. The development is proposed to be completed in two phases, Phase 3 and Phase 4. Phase 3 would include Lots 13-23 on Block 1, Lots 11, 12, and 27 on Block 2, Lots 8-10 and the Common Area on Block 3, and Lots 28-33 on Block 4. Phase 4 includes Lots 24, 25, and the common area on Block 1, and Lot 25 and the common area on Block 2. The project includes the development of a new roadway connecting from Lincoln Street to Cascade Loop through the subdivision, which is proposed to be completed as part of Phase 4. Public utilities will be extended from Lincoln and Cascade to the development within the ROW. The previously platted KNTC Phase 2 subdivision addressed flow control and treatment of stormwater run-off from the Project area. Additionally, the Project area was covered in the overall KNTC Common Area Management Plan, Traffic Impact Study (TIS), and Environmental Assessment. Therefore, these documents are not provided as a part of this Preliminary Plat submittal package. KNTC Phase 3 & 4 Preliminary Plat Application PLANNING FOR THE FUTURE M011 T"A Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispcll.com/planning MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION FEE SCHEDULE: FEE ATTACHED Major Subdivision (6 or more lots) $1,000 + $125/lot Major Subdivision Resubmittal $1,000 For each original lot unchanged add $10/lot For each lot redesigned/added add $125/lot Mobile Home Parks & Campgrounds (6 or more spaces) $1,000 + $250/space (5 or fewer spaces) $400 + $125/space Amended Preliminary Plat Amendment to Conditions Only $400 base fee Re -configured Proposed Lots Base fee + $40/lot Add Additional Lots or Sublots Base fee + $125/lot Subdivision Variance $100 (per variance) Commercial and Industrial Subdivision $1,000 + $125/lot SUBDIVISION NAME: KALISPELL NORTH TOWN CENTER OWNER(S) OF RECORD: Name STILLWATER CORPORATION; EAGLE VALLEY RANCH APARTMENTS LLC phone Mailing Address PO BOX 7338; 341 W SECOND ST #1 City KALISPELL; SAN BERARDNIO State MT; CA Zip 59904; 92401 TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name & Address JACKOLA ENGINEERING & ARCHITECURE Name & Address 2250 HWY 93 SOUTH, KALISPELL, MT Name & Addres LEGAL DESCRIPTION OF PROPERTY: Property Address Assessor's Tract No(s) Lot No(s) 1/4 Sec Section 30 Township 29N Range 21 GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces 22 Total Acreage in Subdivision 39.31 1 Total Acreage in Lots 38-25 Minimum Size of Lots or Spaces 0.52 AC Total Acreage in Streets or Roads 1.16 Maximum Size of Lots or Spaces 4.7Ac Total Acreage in Parks, Open Spaces and/or Common Areas 1.9 PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial 22 Industrial Condominium Multi -Family Planned Unit Development Other APPLICABLE ZONING DESIGNATION & DISTRICT B-ZPUD ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS 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 Central Storage Contract Hauler x Owner Haul Mail Delivery: Central X Individual School District: Fire Protection: Hydrants X Tanker Recharge Fire District: Drainage System: Slormwater oonrnyansa will be installed. 5104wwafer bealmenl was accounled for In the design of earlier phases of KNTC PROPOSED EROSION/SEDIMENTATION CONTROL; Conbacw will submit a City Stmmwaler Management Pennll end will Ulu. the City'a 51omn.aler Management Plaris hest sanagemenl practices- Pnor to an ygrom d dmtvrba . the Comt.dor will Suhmil a Ur Conetrud— Stwmwaler Oiamarge Pemril NOI and 54VPPP. 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 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, Completed preliminary plat application. 2. 4 copies of the preliminary plat. 3. One reproducible set of supplemental information. (See Appendix A of Subdivision Regulations for the city where the subdivision is proposed.) 4. One reduced copy of the preliminary plat not to exceed 1 V x 17" in size, 5. Electronic copy of the application materials, including the preliminary plat, either copied onto a disk or emailed to planning(ibkalispell.com (Please note the maximum file size to email is 20mg) 6. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. 7. Application fee based on the schedule on page 1 of this application and made payable to the City of Kalispell. I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken, The signing of this application signifies approval for the Kalispell Planning staff to be present on, the property for routine monitoring and inspection during the approval and development process. pl (Dat VNVINOW `113dSIlVN E '&JOD b31VMllIIS a31ND NMOl HiWN 113dSllV)l °"'A LL m n J � W U Q a a a Z z _U ,.. 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