09-10-85 Planning Board and Zoning CommissionKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
SEPTEMBER 10, 1985
CALL TO ORDER The meeting was called to order by President James Stephens at 7:30
AND ROLL CALL p.m. Those present were Stephens, Sloan, Trippett, Santa, Crick; and
Manning. Those absent were Hall, LeDuc, and Reynolds. Others present
were David Greer, Senior Planner of the Flathead Regional Development
Office.
APPROVAL OF A motion to approve the minutes for the meeting of August 13, 1985 was
MINUTES - made by Manning and seconded by Sloan. The motion passed unanimously.
AUGUST 13, 1985
WINDWARD VILLA Stephens introduced the application by Don Frownfelter for preliminary
PRELIMINARY plat approval of Windward Villa, a major subdivision consisting of 20
PLAT townhouse Lots. The total size of the subdivision is 0.895 acres with
the average size of the lots being 480 square feet. Generally, the pro-
posed subdivision is located on the west side of Windward Way and is
more particularly described as Lot 1 of the Amended Plat of the
Resubdivision of Simmons Addition No. 78, Kalispell, Montana. It
adjoins Glacier View Hospital on the northwest, Developer's Diversi-
fied land on the north, an apartment complex on the east and Second
Wind Sport and Fitness Center on the south.
David Greer gave the staff report for the Development Office and cited
several possible concerns with the subdivision. One concern dealt with
the deficient right-of-way width of Windward Way. Due to this, the
developer was being asked to dedicate an additional 10 feet of
right-of-way on the westerly boundary of Windward Way for City street
purposes. He also stated that the storm drainage needed to be directed
to the east rather than downhill to the west. The City also requested
by letter from the City Attorney that the common area or remainder of
the subdivision as well as the area for the townhouse lots be included
when calculating the cash -in -lieu value for parkland dedication. The
developer is also being asked to pave the road (Windward Way) to the
north property line of the subdivision and to provide an opening of 10
feet between units 10 and 11 for fire access, and to upgrade the
existing water main to an 8 inch main.
The staff report listed a total of 14 conditions for approval.
Tom Sederstrom, of Thomas, Dean & Hoskins, speaking for the developer,.
took exception to the requirement of including all of the common area
and the private roadway (Windward Villa Way) in the calculation of the
cash -in -lieu figure. -He objected to having to dedicate an additional
10 foot of right-of-way when others on this road have not had to in
the past. He felt that the accessibility to the units was satisfactory
without a 10 foot space between units 10 and 11 and further stated
that the Chief of the Fire Department had no problem with the original
design. He felt that the developer should not be required to extend
the pavement to the north property line since this was not required
�� for other development along the road. He also could not agree with the
need to upgrade the water main to an 8 inch main or to install curbs
and gutters at this point in time when the city may improve that city
street in the future.
Don Arthur, of Second Wind, said that his major concern was the
traffic and the current roadway width. He stated that there are
currently 30 to 40 apartment units whose residents park on the street
for lack of being able to either use the provided parking garages or
other suitable parking spaces. He felt that the additional 10 feet of
right-of-way width should be given and that he would be willing to
give that same 10 feet from his property that borders the western edge
of Windward Way.
Dwayne Wann, of Global Real Estate, cited the same items -of expense
being asked of the developer. He felt that they were too much to ask
of the developer.
Santa asked Sederstrom if these changes being asked of the developer
would be impossible to do? Sederson stated that they were all possible
except that everything would have to be moved back to accommodate the
setback requirements and most of the available open space would be
lost.
Manning stated that he felt that the road sh-ould be paved to the
ingress and egress of the subdivision and that according to Glen
Neier's letter, curbs and gutters would not need to be installed but
he felt that the water main should be upgraded to an 8 inch main.
Greer suggested that the 10 foot dedicated right-of-way be removed
from calculation of the fee -in -lieu for parkland dedication.
Motion Manning moved and Santa seconded that the Board recommend to the City
Council that the preliminary plat of Windward Villa Townhouses be
approved subject to the following conditions;
1. That the subdivider shall be responsible for building and paving
Windward Way Street between the present end of the pavement to
ten (10) feet beyond the northern entrance/exit of the subdivi-
sion, continuing the present roadway width of 24 feet. The
building and paving of the road shall be in accordance with the
City Standards. Curbs and gutters need not be built prior to
approval of the final plat.
2. That the subdivider shall dedicate an additional ten feet of
right-of-way on the westerly boundary of Windward Way for City
street purposes.
3. That proposed Windward Villa Way shall be paved to 24 feet width
and shall be -privately owned and maintained.
4. That on -site water and sewer lines be designated as private
utility services with the City assuming responsibility only for
mains on Windward Way, and the main on the Heritage Health
Utility Easement.
U5. That the proposed covenants be amended to,
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(a) Correct Section 25, page 12: Reference to the "Board of
County Commissioners" should be replaced with "Kalispell
City Council;"
(b) Have title of the recorded plat of Windward Villa
reflected in the legal description of the property to be
subdivided as included in Exhibit A; and,
(c) Reflect the property owners responsibility for main-
tenance, repair, and replacement of Windward Villa Way and
the water and sewer lines on the property.
6. That Windward Villa Way be built to the City standards and be
signed.
7. That the subdivision shall meet or exceed the City public works
standards and all improvement and construction drawings includ-
ing plans for water, sewer, road improvements and drainage shall
be submitted to and approved by the City Council prior to
submittal of final plat application.
8. That the developer shall meet all requirements of the RA-1 zone
including:
(a) Placing of all structures so that the furtherest projec-
tion of each building is 15 feet from the private street,
Windward Villa Way;
(b) A minimum yard of 15 feet from the right-of-way of Wind-
ward Way after dedication of additional 10 feet right-of-
way required under Condition No. 2;
(;c) The common area shown on the preliminary plat shall not be
encroached upon by construction; and,
(d) All building plans shall be reviewed and approved by the
Building Department to ensure that bulk and dimensional
requirements of the zoning ordinance are met.
9. That the subdivider shall provide the City with an easement over
and across Windward Villa Way for the purpose of solid waste
collection and fire protection.
10. That an adequate numbering system be established for the units
to be constructed and the units be identified with exterior
numbers or letters of at least four inches (411) in height and be
lighted in such a manner so as to make them readable from the
road during the night.
11. That an opening of at least ten feet (101) in width be provided
between units ten and eleven for fire access and said area be
kept clear of all fences, shrubbery or other obstructions. This
requirement can be waived by consent of the Chief of the Fire
Department.
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12. That the proposed extension of the City water main on Windward
Way from the existing main be upgraded to an eight inch (81')
main.
13. That the parkland dedication requirement be waived and instead
cash -in -lieu of parkland in the amount of $5,777.00, less 1/9 of
the value of the dedicated ten foot (101) right-of-way easement
along Windward Way, be accepted.
14. That the subdivider complete all required improvements prior to
applying for final plat approval or shall enter into a Subdivi-
sion Improvement Agreement with the City to ensure satisfactory
completion of improvements within an agreed time period and
shall provide an improvement guarantee in the amount of 125
percent of the anticipated costs of the uncompleted improvements.
The motion passed unanimously.
OLD BUSINESS None.
NEW BUSINESS None.
ADJOURNMENT The meeting was adjourned at 8:45 p.m.
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esident - James B. :ephens Recording Secretary - Ava Walters
Approved: QCZ�40 d` M5�
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