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Staff Report/Preliminary PlatCity of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT: Preliminary Plat request for Cottage Gardens Subdivision MEETING DATE: April 2, 2007 BACKGROUND: The Kalispell City Planning Board met on March 13, 2007 and held a public hearing to consider a request by Appex 1 for preliminary plat approval to create a 30 lot residential subdivision on approximately 10.75 acres. In addition to the subdivision request the developer also requested a variance from the road standards contained in the Kalispell Subdivision Regulations. Currently this property is in the County zoning jurisdiction and has a zoning designation of County AG-80, an agricultural zoning designation that has a minimum lot size requirement of 80 acres. The owners have submitted a petition for annexation and initial zoning request of R-3. The property proposed to be subdivided is located on the north side of Three Mile Drive approximately 1/2 mile west of Stillwater Road. It abuts the easterly boundary of Mountain Vista Estates Subdivision, a city subdivision that received final plat approval in August of 2006. The property address is 575 Three Mile Drive and can be described as Assessors Tracts lAC and further described as tract 1 of C.O.S. # 9981 located in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County. Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-07-4 and recommended the Planning Board consider denying the variance request and recommending approval of the preliminary plat subject to 24 conditions. Mr. Conrad noted that recommended condition number 13, regarding existing pine trees on the property, be removed since the trees have been cut down by Flathead Electric due to their proximity to existing power lines. At the public hearing Bryan Long from Long Engineering spoke in favor of the subdivision. Mr. Long stated that the type of road requested as part of the variance has been approved in two other subdivisions, Aspen Creek and Lone Pine Trails. The request for the variance is due to the fact that other approaches have already been designed and approved along this portion of Three Mile Drive and the developers of Cottage Gardens were given a very shallow corridor by the Montana Department of Transportation (MDT) to get an access into this property. The developers felt that by MDT limiting their access location this was a legitimate argument for a hardship for this property. Mr. Long also stated that he has requested MDT to review the location and possibly approve moving the approach onto Three Mile Drive 100 to 150 feet further to the east. If this request is allowed the southeast corner of the subdivision will get modified somewhat. Dave Hofstad also spoke in favor of the project and noted that Flathead Electric had requested that the trees under the power lines be removed. Flathead Electric told Mr. Hofstad that they would provide some replacement trees for the ones removed. Bill Johnson had concerns about the time between when the ground is broken for subdivision improvements until the project is finished. During the project construction phase dust and stormwater run-off have been issues in the immediate area. Mr. Johnson wants the developer to clearly understand what is required of him and what the consequences would be if they didn't comply with the conditions. After the public hearing the board discussed the proposal and a motion was made to remove condition number 13 and recommend the Kalispell City Council deny the variance request and approve the preliminary plat subject to the 24 conditions listed in the staff report. The planning board also noted in their motion that if MDT allows the access roadway to shift to the east this would cause a minor redesign of Lots 1-4 which would not need to come back before the board for review. The motion passed unanimously. RECOMMENDATION: A motion to deny the variance request and approve the preliminary plat with the 24 conditions would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully s F'tted, Sean Conrad Les H. Patrick Senior Planner City Manager Report compiled March 27, 2007 Attachments: Transmittal letter Exhibit A (conditions) Staff reports #KPP-07-4 and application materials Draft Minutes 3 / 13 / 07 planning board meeting c: Theresa White, Kalispell City Clerk A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF COTTAGE GARDENS SUBDIVISION, MORE PARTICULARLY DESCRIBED AS TRACT IAC AND FURTHER DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 9981, IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Apex 1, LLC, the owners of the certain real property described above, have 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 13, 2007 on the proposal and reviewed Subdivision Report #KPP-07-4 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Cottage Grove Subdivision subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of April 2, 2007, reviewed the Kalispell Planning Department Report #KPP-07-4, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-07-4 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Apex 1, LLC for approval of the Preliminary Plat of Cottage Gardens Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: General Conditions: That the development of the site shall be in substantial compliance with the application submitted, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). Prior to final plat: 3. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. Note: Boulevards within the subdivision will be 7-feet wide. (Kalispell Design and Construction Standards, project proposal) 4. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. (Kalispell Design and Construction Standards) 5. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards) 6. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 7. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) 8. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for the approach onto Three Mile Drive. If any improvements are necessary at this intersection, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. (Findings of Fact, Section D, Roads) 9. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. C. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking fire lane." 10. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11) 11. The area designated on the plat as "park area" shall meet the parkland dedication requirements provided that it is developed to create a recreational amenity within the subdivision. The park improvements shall include a walking path, picnic tables and benches. The developer shall provide the Parks and Recreation Department with the park improvement plan and install the improvements prior to final plat. (Kalispell Subdivision Regulations, Section 3.19, Findings of Fact, Section D, Parks and Open Space and environmental assessment) 12. That a minimum 20-foot landscape buffer zone shall be established as shown on the preliminary plat. The 20-foot buffer zone shall include a paved bike and pedestrian trai1,10- feet wide, comply with AASHTO standards for bike and pedestrian paths, and integrated into existing bike and pedestrian paths along Three Mile Drive. The 20-foot buffer strip shall also include buffering in the form of berming and landscaping. These improvements are to be coordinated with the Kalispell Public Works Department and Parks and Recreation Department. (Findings of Fact, Section D, Parks and Open Space) 13. The 10-foot easement to the common area shall be incorporated within the larger common area of the subdivision and not on individual lots. (Findings of Fact, Section D, Parks and Open Space) 14. A 100 foot building setback from the centerline of Spring Creek shall be shown on the final plat. (Findings of Fact, Section C, Surface and Groundwater) 15. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." (Findings of Fact, Section D, Roads) 16. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09) 17. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Subdivision Regulations, Section 3.18) 18. A detailed floodplain study shall be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. The final plat shall not be recorded and no significant earth moving within 100 feet of the centerline of the creek shall be allowed until the completion and acceptance of the study area. The newly delineated floodplain shall be staked. The base flood elevation accepted by FEMA shall be indicated on the final plat and no lots shall extend into the newly delineated floodplain. (Findings of Fact, Section A, Flooding) 19. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22) 20. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)) 21. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature (Kalispell Subdivision Regulations, Section 3.18(E)) 22. A homeowners association for the subdivision shall be created that includes a provision for the maintenance of the bike path and landscaping within the 20-foot landscape buffer along Three Mile Drive and the park and common areas along Spring Creek. (Findings of Fact, Section D, Parks and Open Space and project proposal) On going conditions: 23. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 24. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 2ND DAY OF APRIL, 2007. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor City of Kalispell Planning Department 17 - 2°d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com March 27, 2007 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Preliminary Plat request for Cottage Gardens Subdivision Dear Jim: The Kalispell City Planning Board met on March 13, 2007 and held a public hearing to consider a request by Appex 1 for preliminary plat approval to create a 30 lot residential subdivision on approximately 10.75 acres. In addition to the subdivision request the developer also requested a variance from the road standards contained in the Kalispell Subdivision Regulations. Currently this property is in the County zoning jurisdiction and has a zoning designation of County AG-80, an agricultural zoning designation that has a minimum lot size requirement of 80 acres. The owners have submitted a petition for annexation and initial zoning request of R-3. The property proposed to be subdivided is located on the north side of Three Mile Drive approximately 1/2 mile west of Stillwater Road. It abuts the easterly boundary of Mountain Vista Estates Subdivision, a city subdivision that received final plat approval in August of 2006. The property address is 575 Three Mile Drive and can be described as Assessors Tracts 1AC and further described as tract 1 of C.O.S. # 9981 located in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County. Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-07-4 and recommended the Planning Board consider denying the variance request and recommending approval of the preliminary plat subject to 24 conditions. Mr. Conrad noted that recommended condition number 13, regarding existing pine trees on the property, be removed since the trees have been cut down by Flathead Electric Co-op due to their proximity to existing power lines. At the public hearing Bryan Long from Long Engineering spoke in favor of the subdivision. Mr. Long stated that the type of road requested as part of the variance has been approved in two other subdivisions, Aspen Creek and Lone Pine Trails. The request for the variance is due to the fact that other approaches have already been designed and approved along this portion of Three Mile Drive and the developers of Cottage Gardens were given a very shallow corridor by the Montana Department of Transportation (MDT) to get an access into this property. The developers felt that by MDT limiting their access location this was a legitimate argument for a hardship for this property. Mr. Long also stated that he has requested MDT to review the location and possibly approve moving the approach onto Three Mile Drive 100 to 150 feet further to the east. If this request is allowed the southeast corner of the subdivision will get modified somewhat. Dave Hofstad also spoke in favor of the project and noted that Flathead Electric had requested that the trees under the power lines be removed. Flathead Electric told Mr. Hofstad that they would provide some replacement trees for the ones removed. Bill Johnson had concerns about the time between when the ground is broken for subdivision improvements until the project is finished. During the project construction phase dust and stormwater run-off have been issues in the immediate area. Mr. Johnson wants the developer to clearly understand what is required of him and what the consequences would be if they didn't comply with the conditions. After the public hearing the board discussed the proposal and a motion was made to remove condition number 13 and recommend the Kalispell City Council deny the variance request and approve the preliminary plat subject to the 24 conditions listed in the staff report. The planning board also noted in their motion that if MDT allows the access roadway to shift to the east this would cause a minor redesign of Lots 1-4 which would not need to come back before the board for review. The motion passed unanimously. Please schedule this matter for the April 2, 2007 regular Kalispell City Council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Timothy Norton President Attachments: Exhibit A Staff reports #KPP-07-4 and application materials Draft Minutes 3/ 13/07 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Appex 1, L.L.C., Norman C. Sanderson, 10 East Roanoke Street #8, Seattle, WA 98102 Long Engineering, Bill Bache, PO Box 7907, Kalispell, MT 59904 REQUEST FOR INITIAL ZONING UPON ANNEXATION STAFF REPORT .., #KA-07-4 { . ; ! , MARCH 5, i! A report to the Kalispell City Planning Board and the Kalispell City Council regarding an initial zoning designation of R-3 upon annexation to the city of Kalispell and a subdivision to create 30 residential lots. A public hearing has been scheduled before the Kalispell City Planning Board for March 13th beginning at 7:00 PM, to consider appropriate zoning for the property to be annexed and the subdivision request. The planning board will forward a recommendation to the Kalispell City Council for consideration. The Planning Board has reviewed a previous project proposal at this same site. The earlier proposal included an annexation request of R-2, a Planned Unit Development (PUD) and preliminary plat request to create 46 single family residential lots. At the September 19, 2006 planning board meeting the board heard the proposed annexation, PUD and subdivision request. The staff report noted concerns from the Fire Department and Public Works Department regarding the road designs as well as planning staff's concerns with the off-street parking. The planning board elected to table the proposal for up to 90 days to allow the developer to address the concerns of the city departments. The project was revised and brought before the planning board at their December 12, 2006 meeting. The planning board again elected to table the project for 90 days to address issues which included reducing the density and increasing the size of common areas 1 and 2, increasing the size of the lots, increasing the number of shared garages throughout the subdivision, redesigning the streets to meet the city's design standards and providing adequate driveways lengths so that cars parked on the driveways will not obstruct the travel way of the sidewalks. Since the December 12tn planning board meeting the developer has opted to drop the PUD request and revise the project including requesting the R-3 zoning district instead of the R-2 and lowering the total number of lots from 46 to 30 lots. This staff report will address both requests, initial zoning and preliminary plat, that the owners are requesting. Each request will be reviewed with a recommendation and a set of conditions at the end of the report beginning on page 15. A. Petitioner / Owner: Appex 1, L.L.C., Norman C. Sanderson 10 East Roanoke Street #8 Seattle, WA 98102 Technical Assistance: Long Engineering, Bill Bache PO Box 7907 Kalispell, MT 59904 (406) 752-6339 B. Nature of the Request: This is a request for an initial zoning designation of R-3, Urban Single Family Residential, on approximately 10.75 acres. The property is located west of Kalispell on the north side of Three Mile Drive 1/2 mile west of Stillwater Road and approximately 1/4 mile east of the BPA power lines. This property is in the county zoning jurisdiction and is zoned AG-80, an Agricultural zoning district that has a minimum lot size requirement of 80 acres for newly created lots. The applicants are requesting a conventional R-3 single family residential zone similar to properties to the east and south. The R-3 zoning district has a minimum lot size of 7,000 square feet and a minimum lot width of 60 feet. The proposed subdivision has been redesigned and now proposes 30 lots instead of the previous submittal of 46 lots. With the proposed subdivision now seeking 30 lots the gross density of the proposed subdivision has been reduced from 4.2 units per acre (46 lots proposed) to 2.8 units per acre (the current proposal of 30 lots). The subdivision includes a row of 13 lots on the east side of the property adjacent to the existing floodplain. A small internal island of 7 lots has proposed roadways on both the east and west side and is situated in the center of the developable land with additional lots lining the western and southern boundary of the site. The majority of the lots within the project would be accessed by a 28-foot wide street with sidewalks. The developer is requesting a variance from the road design standards to allow a 20-foot wide shared access and utility easement to serve lots 3 and 4. A detailed discussion of the variance request can be found on page 13. Approximately 3.5 acres of common area is located in the northeast corner of the project site. The common area includes a floodplain area in which Spring Creek is located and covers approximately half the common area. Slopes within the common area vary from near level to upwards of 35%. C. Location and Legal Description of Property: The property proposed for annexation and the initial zoning request is located on the north side of Three Mile Drive approximately 1/2 mile west of Stillwater Road. It abuts the easterly boundary of Mountain Vista Estates Subdivision, a city subdivision that received final plat approval in August of 2006. The property address is 575 Three Mile Drive and can be described as Assessors Tracts IAC and further described as tract 1 of C.O.S. # 9981 located in Section 2, Township 28 North, Range 22 West, P .M.M., Flathead County. D. Existing Land Use and Zoning: The property proposed for annexation contains a small single family residence which is proposed to be removed. This property is in the county zoning jurisdiction and is part of the West Valley Zoning District. 2 The property is currently zoned AG-80, Agricultural. AG-80 is an agricultural district with an 80 acre minimum lot size that provides a mechanism for clustering based on one dwelling per five acres. A preliminary plat has been concurrently filed with this petition for annexation and initial zoning. E. Adjacent Land Uses and Zoning: This property is located in an area that would have been considered generally rural in nature 2 years ago, but with the recent series of annexations, preliminary plat approvals and the extension of municipal water and sewer down Three Mile Drive past this site, the area is now considered a transitioning urban area. To the immediate west, Mountain Vista Estates subdivision has been approved containing 141 lots on 50 acres for a density of 2.9 units/acre. To the immediate south Spring Creek Estates has been approved with 174 lots on 53 acres for a density of 3.3 units/acre. Five and 10 acre lots abut the site to the east and north. North: Large tract rural residential, SAG-5 WVO zoning South: Spring Creek Estates Subdivision, R-3 city zoning East: Rural residential, County AG-80 WO zoning West: Mountain Vista Estates Subdivision R-2 city zoning with a PUD F. Proposed Zoning: The proposed R-3, Urban Single Family Residential zone lists single-family residences as a permitted use and has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 60 feet. Setbacks are 20 feet in the front and rear and five feet on the sides. This zoning reflects the lots that are being proposed in the subdivision with regard to lot size and the single family homes intended for development. G. General Land Use Character: The general land use character of this area can be described as primarily agricultural land rapidly transitioning toward residential uses with city annexation and services. Surrounding city subdivisions include single family and duplex dwelling units. H. Utilities and Public Services: All available public services and facilities will be provided to these properties at the same level of service as other properties similarly situated in the city limits. Sewer: City of Kalispell Water: City of Kalispell Refuse: Contract hauler available Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Company Telephone: CenturyTel Schools: West Valley School District (grade school) 8s School District #5, Kalispell (High school) Fire: Kalispell Fire Department Police: Kalispell Police Department 1. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.30.020, Kalispell Zoning Ordinance. Does the requested zone comply with the growth policy? The property is designated by the Kalispell Growth Policy future land use map as "Suburban Residential" which anticipates residential development with a density of up to four dwelling units per acre. Because of the provision of public water and sewer to the site, the proposed R-3 zoning designation is in compliance with the future land use designation for the area. The R-3 zoning has a minimum lot size requirement of 7,000 square feet with an overall gross density of the proposed subdivision at 2.8 dwelling units per acre. This density is based on the inclusion of a 3.5t acre common area proposed in conjunction with the subdivision. It's the large extent of the proposed common area that enables the developer to request the R-3 zoning because the proposed common area balances the smaller lot sizes and in turn the higher density permitted under the R-3 zoning district. 2. Is the requested zone designed to lessen congestion in the streets? It can be anticipated that the proposed zone change of the property will increase traffic impacts in the area due to the relatively low density of the area currently and the relatively higher density allowed under the proposed R-3 zoning district. Traffic impacts to the area can be accommodated with the existing roadway systems at hand and the new internal roads that will be developed as part of the subdivision on the project site. The proposed zoning carries with it the checks and balances, including the need for subdivision review, which will insure that traffic flows and access are appropriately addressed. The potential densities afforded by this zone will be the subject of a specific transportation analysis as part of the subdivision review process and as such the applicants will be required to mitigate any negative impacts created. 3. Will the requested zone secure safety from fire, panic, and other dangers? New construction will be required to be in compliance with the building safety codes of the City which relate to fire and building safety. Adequate public facilities are available to the site in the case of an emergency. All municipal services including police and fire protection (including hydrants), water and sewer service is available to the area and will be extended as part of the development of this property. 4. Will the requested zone promote the health and general welfare? The requested R-3 zoning classification will promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties and provides a place for new housing in the community. 5. Will the requested zone ^vi prde Lvr adequate light and air.= 4 Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone prevent the overcrowding of land? This area is designated as being within the Kalispell Potential Utility Service Boundary in the Kalispell Growth Policy and is anticipated for urban residential development. Now that public water and sewer are available, an R-3 zoning designation is appropriate. The anticipated density falls within the proposed R-3 zoning designation. All public services and facilities will be available to serve this subdivision. 7. Will the requested zone avoid undue concentration of people? The allowable density for this property will change as a result of annexation. However, future development will be single family in design, the size of the housing units proposed is generally diminutive in nature and the project proposes significant permanent open space. This project will not pose a negative impact from undue concentration of people. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. There will be impacts to services that can be anticipated as a result of this proposal which can be met by the City. All public services and facilities are currently available or can be provided to the property. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed R-3 zoning district is consistent with the surrounding zoning and land uses in the area and gives due consideration of the suitability of this property for the permitted uses in the district. Densities below what is being proposed would not serve the community as a whole considering the level of growth and interest in the type of lots that are being proposed. This area is on the very urban j rural interface, but it can be anticipated that the city will continue to grow in this direction with similar densities in the area. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is moving toward urban sized lots for resluenuai ucvel0pi3Ze31t on city Sewer. The proposed zoning allows this development to address needs within the community for housing and support services in reasonable proximity to the city core. Availability of public water and sewer to the area indicate that this type of development will continue to occur on 5 the urban fringes of the community to be developed with similar types of uses as is proposed with this property, i.e. suburban or urban residential rather than rural or agricultural uses. It appears that the proposed rezoning gives reasonable consideration to the character of the district. 11. Will the proposed zone conserve the value of buildings? The development anticipated under the proposed zoning is more intensive than the land uses currently surrounding the project site. City standards will insure that there is high quality development which will insure the value of buildings and homes is protected, maintained and conserved. Value of the buildings in the area will be conserved because the zoning will promote compatible and like uses on this property as are found on other properties in the area. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale residential development should be encouraged in areas where services and facilities are available such as is being proposed on this parcel. The proposed R-3 zoning is consistent with the future land use designations for the area and surrounding zoning in the area. H. REVIEW r FINDINGS OF •- THE PRELIMINARY PLAT OF GARDENSCOTTAGE This application is reviewed as a major subdivision in accordance with statutory criteria and the Kalispell City Subdivision Regulations. A. Effects on Health and Safety: Fire: This subdivision would be in the service area of the Kalispell Fire Department once annexed to the city. The property is considered to be at low risk of fire because the subdivision and homes within the subdivision would be constructed in accordance with the International Fire Code and have access which meets city standards. Hydrants will be required to be placed in compliance with the requirements of the International Fire Code and approved by the fire chief. The fire access and suppression system should be installed and approved by the fire department prior to final plat approval because of potential problems with combustible construction taking place prior to adequate fire access to the site being developed. Flooding: There is a mapped 100-year floodplain to the immediate northeast of the proposed lots abutting the common area. This is an undesignated flood zone. Currently, no development is proposed for this site and it is intended to be common area. There is an existing 15 foot wide culvert crossing located within the floodplain which provides access to the proposed recreation area. No fill, exaction of modifications to the floodplain should be allowed either during or after development of this subdivision. During the city's site review committee meeting the committee reCOTTiiiieiiucu that a 11vOujJlcult SltlCly be CO11C1uCted t0 determine the extent of the 100-year floodplain on the property prior to final plat approval and any significant earth moving in the vicinity of the floodplain on the site. The committee recommended this condition based on past subdivisions along Three Mile Drive which have had floodplain boundaries significantly impact the buildable area of lots. Access: Access to the subdivision is proposed from a single central access road off of Three Mile Drive. A second access roadway within the subdivision intersects the primary access roadway onto Three Mile Drive in the area of lots 24 and 30 and provides access to those lots on the south and western portions of the site. The internal roadways serving the majority of the lots within the subdivision are proposed to be built to city standards with the developer opting to provide 7-foot boulevards instead of the standard 5-foot boulevards. The internal roadway system is also designed to be extended north serving Tract 1BFA/Parcel B of Certificate of Survey #17120 and ultimately connect to the internal road system of Mountain Vista to the west. As stated earlier, the developer is seeking a variance request to allow a 20-foot shared access to provide the street access to lots 3 and 4. The Planning Department and Public Works Department are not in favor of such a request. A full discussion of the variance request is found on page 13. There is currently a lack of pedestrian access along Three Mile Drive. This is gradually being mitigated by the provision of a bike/pedestrian trail along Three Mile Drive. The project does propose a continuation of this within a proposed 20-foot landscape buffer zone, bike pedestrian path and utility easement. On -site Improvements: The City of Kalispell has required past subdivisions to complete a minimum of two-thirds of the necessary infrastructure (water, sewer, roads, etc.) prior to filing the final plat. The city staff recommends this condition on each plat because staff would like to insure that prior to issuing a building permit on a new lot, there is access which meets the fire departments minimum standards as well as water and sewer services. The City has in the past allowed subdivisions to file a final plat and subsequent home construction to begin prior to a majority of the infrastructure installed. Problems have arisen in the past with insufficient water for fire suppression and sewer mains not working properly as new homes are being occupied. Therefore, in order to mitigate these potential impacts to the public's health and safety, staff is recommending a condition requiring a minimum of two-thirds of the infrastructure be installed prior to final plat. B. Effects on Wildlife and Wildlife Habitat: This property may have some limited habitat primarily for birds, but is generally level without a variety of trees and grasses except areas lying adjacent to Spring Creek in the proposed common area. This lower lying area has trees, water and associated riparian vegetation. The proposed project would place this area in a common area which would be owned and maintained by a homeowners association. This would protect the more viable wildlife habitat on the site. C. Effects on the Natural Environment: Surface and srrr�t�nri�x�atar: This s'abdivisio,r ==„ti ho a tr. 7 7: i vviu be served by pl.l Ulic water and sewer thereby minimizing any potential impacts to the groundwater. Spring Creek runs through this project. In an email sent to the Planning Department on February 22, 2007 the Department of Fish, Wildlife and Parks recommended 7 a 100 foot building setback from Spring Creek with the first 50 feet along Spring Creek maintained as a riparian buffer comprised of native vegetation with minimal maintenance. Fish, Wildlife and Parks has recommended the building setbacks in order to maintain high water quality in Spring Creek and downstream waters. Chapter 7, The Natural Environment, of the Kalispell Growth Policy 2020 lists the following Goals and Policies which further support the Department of Fish, Wildlife and Parks recommendations: Goal 1 ENCOURAGE DEVELOPMENT THAT IS COMPATIBLE WITH OR ENHANCES NATURAL RESOURCE VALUES INCLUDING AIR, WATER, SOIL AND VEGETATION. Goal 2 DEVELOPMENT NEAR ENVIRONMENTALLY SENSITIVE AREAS SHOULD BE ACCOMPLISHED SO THAT THESE FEATURES ARE LEFT IN A RELATIVELY UNDISTURBED STATE. Goal 6 PROTECT WETLAND AND RIPARIAN AREAS SINCE THEY ARE IMPORTANT IN FLOOD PROTECTION, MAINTAINING WATER QUALITY AND PROVIDING HABITAT. Policy 3 Development in environmentally sensitive areas including 100-year floodplain, wetlands, riparian areas, shallow aquifers and on steep slopes may pose inherent development limitations and design should be managed to avoid and mitigate environmental impacts and natural hazards. A Depth to Water Table map dated March 13, 2006 indicates the water table is 10-15 feet below the surface in the eastern portion of the site including the floodplain area. The map indicates as you continue west of the site the depth to :� ground water level increases so that along the western boundary of the subdivision the depth to ground water level is in the area of 20-50 feet below the surface. Therefore, if crawl spaces or basements are considered in construction on lots 1-12, they should be water proofed or the appropriate mitigation included in the construction to address groundwater levels. Drainage: This site has generally level topography except steep banks located immediately west of Spring Creek. There is no City storm drain system in the immediate area and storm water will have to be managed using on -site retention methods as part of an engineered storm water management plan. The drainage plan will have to comply with the City of Kalispell's standards and State standards and will be required to be designed by a professional engineer. Water: Water service to the subdivision would be provided by the City of Kalispell and extended from a water main that is being installed within the R/ W of Three Mile Drive. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department and the Kalispell Fire Department as part of the development of the subdivision. There is adequate capacity within the city's water system to accommodate this development. Sewer: Sewer service will be provided by the City of Kalispell with an extension of existing sewer mains from their existing location within the Three Mile Drive right-of-way. Design and construction of the mains will be reviewed and approved by the Kalispell Public Works Department. There is adequate capacity within the sewage treatment plan to accommodate this development. As part of the subdivision proposal, the engineer has indicated the need for a lift station between lots 1 and 3 adjacent to Three Mile Drive. There are existing pine trees located in the area of the proposed lift station which as a recommended condition of approval, would be required to remain. These trees will serve as landscaping and partly as a visual screen for the lift station site. Roads: Traffic projections for this subdivision are estimated to be approximately 210 to 300 additional individual vehicle trips per day based on the estimates of 7 - 10 vehicle trips per residence per day in the area onto Three Mile Drive. The subdivision main entrance road off of Three Mile Drive will be constructed to city standards and would include curb, gutter, sidewalks and landscape boulevards. The plans submitted with the application indicate the developer is proposing 7-foot wide boulevards instead of the standard 5-feet. An additional internal roadway will also be constructed to meet city standards which will serve lots on the western and southern boundaries of the project site. The developer has also provided a 60-foot right-of-way easement for Tract IA located in the southwest corner of the project site. As part of the approval process the developer will be required to obtain an approach permit from the Montana Department of Transportation in order to access Three Mile Drive. The approach permit will include any improvements needed at the intersection with Three Mile Drive. I Overall there will be moderate impacts to Three Mile Drive as a result of this subdivision. Three Mile Drive is a paved, two lane state secondary roadway that is in fair condition. In 1997 the daily average vehicle trips east of Stillwater Road was 3,064. At some point, consideration will need to be given to the upgrading and widening of Three Mile Drive as development continues to occur in the area. Impacts to Three Mile Drive are incrementally increasing. However, with no funding currently available for the upgrade of secondary State highways at either the state or local level, no improvements to the Three Mile Drive area are anticipated. Additionally, because there are no development impact fees yet in place assessed by the City of Kalispell, Flathead County or the State of Montana, the impacts to the road will continue to be felt. Typically this would be the responsibility of the State with regard to design, funding and construction. Therefore, the Planning Department is recommending that at a minimum a waiver to protest the creation of a special improvement district for upgrading roads impacted by the development, in this case it would be Three Mile Drive, to city standards has been included as a recommended condition of approval. Schools: This development is within the boundaries of the Kalispell School District #5 (high school) and West Valley School (elementary). The school districts could anticipate that an additional 15 school aged children might be generated into the districts at full build out. Development along Three Mile Drive will continue to have a potentially significant impact on the West Valley School District, particularly on a cumulative level with other developments pending within the district. Parks and Open Space: State and local subdivision regulations have parkland / open space requirements for major subdivisions in the amount of 11% of the combined area of all land to be divided into lots 1/2 acre and smaller. The area in lots is 5.04 acres creating an average lot size of 7,300 square feet, less than 1/2 an acre. 11% of the combined area in lots will require 0.55 acres in park area or cash in lieu equivalent. The developer is proposing a park area approximately 0.87 acres (37,808 square feet in size) in the northeast corner of the subdivision. A picture of the proposed park area is shown in Figure 2 on the next page. 10 2: Looking east at the proposed park land site. xl- r- - - .-_.,,fir. � - . � - — _----�►9.ei..,.:�•.r-� ..:.''s'""-'�e� �� _ � � �„ ,. Upon reviewing the proposed subdivision the Parks and Recreation Department is supportive of the parkland dedication amount and location. Access would be provided to the park area by an existing culvert crossing Spring Creek which is approximately 15 feet wide. The proposed park area is outside the 100-year floodplain shown on the preliminary plat and is fairly level with an average cross slope of approximately 8 percent. The environmental assessment submitted with the project states that within the common area east of Spring Creek the area will be kept for the most part in its natural state with minor improvements including a walking path, picnic tables and benches. As a recommended condition of approval staff is recommending that the developer provide the Parks and Recreation Department with a plan for the improvements to the park area and install them prior to final plat. Maintenance of the common area is proposed as part of the homeowners association. Access to the common area and proposed parkland site is provided by a 10-foot wide walking path easement shown between lots 6 and 7 on the preliminary plat. During the city's site review committee meeting the committee recommended that the 10-foot easement to the common area be incorporated within the larger common area of the subdivision and not on individual lots as shown on the preliminary plat. The committee felt that providing the easement with a common area would alleviate potential enforcement issues if a property owner chooses to fence over the easement since the property boundary for lots 6 and 7 go to the center of the easement. Along Three Mile Drive the developer is proposing a 20-foot landscape buffer zone which would include a bike and pedestrian path and utility easement. The buffer and bike/pedestrian path has also been a required condition of other subdivisions located along Three Mile Drive. As part of the required 20-foot landscape buffer developers have had to provide a tree plaridiaig plan along With seeding portions of the buffer in conjunction with the bike path installation. 11 On this particular property there is an existing house in the area of lots 2 and 4. Surrounding this house on the west and south sides is a shelter belt of evergreen and deciduous trees. Included in this shelterbelt are three large evergreen trees located along the southern boundary of the current property, which would be located within the proposed 20-foot landscape easement along Three Mile Drive. Since the trees are there, planning staff is recommending as a condition of approval that the three evergreen trees remain to provide a landscaping screen to the potential lift station site and provide shade and a vegetative buffer between the bike path and Three Mile Drive. Police: This subdivision would be in the jurisdiction of the City of Kalispell Police Department once annexed to the city. The department can adequately provide service to this subdivision, however the cumulative impacts of growth within the city further strains the department's ability to continue to provide the high level of service the department is committed to. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department once annexed to the city, and the subdivision will be required to comply with the International Fire Code. The fire department is also recommending that access to the subdivision and the hydrants are in place prior to final plat approval and / or use of combustible materials in construction. Solid Waste: Solid waste will be handled by a private contractor for at least the first 5 years and taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is close, less than three miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has been traditionally used for very limited agricultural purposes, primarily as horse pasture land. Because of its limited size and the presence of Spring Creek bisecting the property, it has limited agricultural potential. It can be efficiently and effectively used for urban residential development. Its location and its proximity to urban services make this property suited for urban scale development. There will be relatively little impact on agricultural uses within the valley and no impact on agricultural water user facilities since this property will be served by a public water system. F. Relation to the Kalispell Growth Policy: This property is in the Kalispell Growth Policy's potential utility service area and is anticipated for this type of urban scale development at the time of connection to City utilities. The future land use map for the area indicates this area is anticipated to be developed as Suburban Residential. Areas designated as Suburban Residential are aiI ipaLed to be served by community water and sewer and have good access to services and public facilities. This land use designation anticipates a density of up to four dwelling units per acre and the requested R-3 zoning for the site has an overall density of approximately 2.8 dwelling units per acre. This 12 subdivision is in compliance with the Kalispell Growth Policy and its goals and policies. G. Compliance with Zoning: This property has been proposed to be zoned R-3, an Urban Single Family Residential zoning district. The proposed lot sizes range from 7,000 square feet to approximately 8,200 square feet. As discussed in section H, Compliance with the Kalispell Subdivision Regulations, several lots would not comply with the proposed R-3 zoning district if the requested variance is approved. Staff is recommending the variance be denied which would require the modification of lots 1 through 4 as shown on the preliminary plat. The remaining lots proposed within the subdivision meet the minimum lot size requirements and any modified lots would need to meet the minimum requirements prior to final plat approval. H. Compliance with the Kalispell Subdivision Regulations: The developer is requesting a variance to Section 3.08.A of the Kalispell Subdivision Regulations which states, "Each lot shall have legal and physical access provided and must abut and have access to a public or private street or road. Alleys and emergency secondary access roads shall not be used to provide the primary means of access to a lot." The variance request seeks to allow a 20-foot shared access and utility easement to lots 3 and 4. The shared access road would extend approximately 130 feet east of the main access road serving the subdivision. The easement is primarily located across lots 1 and 2, terminating on lots 3 and 4. Pursuant to Section 7.01, Variances, of the Kalispell Subdivision Regulations, the City Council may grant variances from Chapters 3, 4 and 5 of the subdivision regulations when because of particular physical surroundings, shape, or topographical conditions of a specific property, strict compliance would result in undue hardship and when it would not be essential to the public welfare. Such variances must not have the effect of nullifying the intent and purpose of these regulations. The governing body shall not approve variances unless it makes findings based upon the evidence in each specific case that: 1. The granting of the variance(s) will not be detrimental to the public health, safety or general welfare or injurious to other adjoining' properties; The requested variance would allow a substandard road access to lots 3 and 4 which are located approximately 130 feet east of the access roadway serving the subdivision. The application states that granting of the variance will not be detrimental to the public health, safety or general welfare or injurious to other adjoining properties because the access will be constructed in accordance with the Fire Department's recommendations to ensure adequate access for emergency vehicles. The Fire Department could support such a variance provided the access roadway meets the access requirements in the International Fire Code and the access roadway has a separate road name. However, as discussed in Section 4, a 20-foot 1.ide easement cannot accoll modate a 20-�.vot Wide ire access road, drainage, pedestrian access as well as convenient overflow or visitor parking. 13 2. The conditions on which the request for a variance(s) is based are unique to the property on which the variance is sought and are not applicable generally to other property; The application states that the use of a cul-de-sac to access the area of lots 3 and 4 is not practical due to the amount of square footage required to construct a cul- de-sac and the accompanying 60-foot road right-of-way. If such a cul-de-sac was built the buildable area on the lots would be reduced to the extent that the lots would not have a suitable buildable area. While the construction of a cul-de-sac may reduce the buildable area of lots or require several lots to be combined, planning staff would not consider this a unique property characteristic. Many lots including the 10.75 acre project site have certain constraints that must be incorporated into the design of the project. The developer has done a good job by keeping the creek and adjacent floodplain in common open space and concentrating the residential development on the higher ground. However, a possible reduction of the number of lots the developer has proposed if the variance is not granted does not constitute a unique situation warranting a variance from the road design standards. 3. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, an undue hardship to the owner would result, as distinguished by a mere inconvenience, if the strict letter of these Regulations is enforced; The application states that due to the Montana Department of Transportation (MDT) requiring the location of the approach into the subdivision from Three Mile Drive at the location shown on the preliminary plat, this leaves buildable areas east of lots 1 and 2 which are difficult to provide access to. Therefore, the developer has requested the variance to construct a 20-foot wide shared access to this area. After reviewing the subdivision and variance request at the city's site review committee meeting, the committee did not feel that an undue hardship would result to the developer if the variance was denied. The application does not make a claim that the variance is caused by the particular physical surroundings, shape, or topographical conditions of the specific property involved rather MDT has limited the area of the approach onto Three Mile Drive thus limiting the design of the internal access roadway. It is the limitation on the internal roadway design in the south part of the subdivision that has effectively created two potential lots from being provided access which meets the subdivision standards in the current subdivision design. 4. The variance(s) will not cause a substantial increase in public costs; and The application states that no additional public costs will be associated with the proposed variance because the shared access will be constructed by the developer and liiaintained by the homeowners association. The Public Works Department does not support the variance request because of the substandard road design and stated that although shared access roadways 14 may start as private drives, if the city ever has to take over the maintenance, it becomes problematic to maintain and possibly upgrade a 20-foot wide shared access roadway. Additionally, a 20-foot wide easement cannot accommodate a 20-foot wide fire access road, drainage, pedestrian access as well as convenient overflow or visitor parking. 5. The variance(s) will not, in any manner, vary the provisions of any adopted zoning regulations, or Master Plan. The application states that all lots utilizing the proposed 20-foot shared access are conforming to the R-3 zoning designation. This may be correct however lots 1 and 2, where the majority of the proposed access easement is located on, would not meet the minimum zoning requirements. The lot area is defined in the Kalispell Zoning Ordinance as "the total horizontal area within the boundary lines of a lot. Where surface utility or street easements are located within a parcel, lot area computation shall not include that area contained within the easement." Therefore, if the variance is allowed as requested it will vary the provisions in the zoning regulations by creating lots which, when the easement square footage is removed from the lot areas shown on the preliminary plat, will bring the lots below the minimum required lot area in the R-3 zoning district. I. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KA-07-4 and recommend that initial zoning of the 10.75 acre site be R-3 on the zoning district map for the property. II. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP-07-4 as findings of fact and recommend to the Kalispell City Council that the requested variance allowing the creation of lots 1 and 2 via a 20-foot shared access easement be denied and the proposed subdivision, Cottage Gardens, be approved subject to the following conditions: General Conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). Prior to final plat: 3. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and 15 Construction and Montana Public Works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. Note: Boulevards within the subdivision will be 7-feet wide. (Kalispell Design and Construction Standards, project proposal) 4. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. (Kalispell Design and Construction Standards) 5. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards) 6. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 7. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) 8. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for the approach onto Three Mile Drive. If any improvements are necessary at this intersection, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. (Findings of Fact, Section D, Roads) 9. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordalnce vv— llitililativitai Firs rilJUe (2vv3) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. 16 c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking fire lane." 10. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11) 11. The area designated on the plat as "park area" shall meet the parkland dedication requirements provided that it is developed to create a recreational amenity within the subdivision. The park improvements shall include a walking path, picnic tables and benches. The developer shall provide the Parks and Recreation Department with the park improvement plan and install the improvements prior to final plat. (Kalispell Subdivision Regulations, Section 3.19, Findings of Fact, Section D, Parks and Open Space and environmental assessment) 12. That a minimum 20-foot landscape buffer zone shall be established as shown on the preliminary plat. The 20-foot buffer zone shall include a paved bike and pedestrian trail, 10-feet wide, comply with AASHTO standards for bike and pedestrian paths, and integrated into existing bike and pedestrian paths along Three Mile Drive. The 20-foot buffer strip shall also include buffering in the form of berming and landscaping. These improvements are to be coordinated with the Kalispell Public Works Department and Parks and Recreation Department. (Findings of Fact, Section D, Parks and Open Space) 13. The three existing evergreen trees located within the 20-foot landscape buffer zone shown on the preliminary plat shall not be removed. The trees shall be flagged and construction fencing placed around the trees prior to any grading or utility improvements on the site. (Findings of Fact, Section D, Parks and Open Space) 14. The 10-foot easement to the common area shall be incorporated within the larger common area of the subdivision and not on individual lots. (Findings of Fact, Section D, Parks and Open Space) 15. A 100 foot building setback from the centerline of Spring Creek shall be shown on the final plat. (Findings of Fact, Section C, Surface and Groundwater) 16. The following note shall be placed on the final plat: "Propel=Ly owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." (Findings of Fact, Section D, Roads) 17 17. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09) 18. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Subdivision Regulations, Section 3.18) 19. A detailed floodplain study shall be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. The final plat shall not be recorded and no significant earth moving within 100 feet of the centerline of the creek shall be allowed until the completion and acceptance of the study area. The newly delineated floodplain shall be staked. The base flood elevation accepted by FEMA shall be indicated on the final plat and no lots shall extend into the newly delineated floodplain. (Findings of Fact, Section A, Flooding) 20. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22) 21. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)) 22. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature (Kalispell Subdivision Regulations, Section 3.18(E)) 23. A homeow ners association ivr the subdivision shall be created that includes a provision for the maintenance of the bike path and landscaping within the 20- foot landscape buffer along Three Mile Drive and the park and common areas along Spring Creek. (Findings of Fact, Section D, Parks and Open Space and project proposal) On going conditions: 24. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 25. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 19 EXHEBIT COTTAGED' •:. PLAT CONDITIONS OF • ' • MARCH 13, 2007 The Kalispell City Planning Board recommends to the Kalispell City Council that the preliminary plat for Cottage Gardens subdivision be approved subject to the following conditions: General Conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). Prior to final plat: 3. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. Note: Boulevards within the subdivision will be 7-feet wide. (Kalispell Design and Construction Standards, project proposal) 4. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. (Kalispell Design and Construction Standards) 5. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards) 6. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 7. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) 8. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for the approach onto Three Mile Drive. If any improvements are necessary at this intersection, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. (Findings of Fact, Section D, Roads) 9. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking fire lane." 10. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11) 11. The area designated on the plat as "park area" shall meet the parkland dedication requirements provided that it is developed to create a recreational amenity within the subdivision. The park improvements shall include a walking path, picnic tables and benches. The developer shall provide the Parks and Recreation Department with the park improvement plan and install the improvements prior to final plat. (Kalispell Subdivision Regulations, Section 3.19, Findings of Fact, Section D, Parks and Open Space and environmental assessment) 12. That a minimum 20-foot landscape buffer zone shall be established as shown on the preliminary plat. The 20-foot buffer zone shall include a paved bike and pedestrian trail, 10-feet wide, comply with AASHTO standards for bike and pedestrian paths, and integrated into existing bike and pedestrian paths along Three Mile Drive. The 20-foot buffer strip shall also include buffering in the form of berming and landscaping. These improvements are to be coordinated with the Kalispell Public Works Department and Parks and Recreation Department. (Findings of Fact, Section D, Parks and Open Space) 13. The 10-foot easement to the common area shall be incorporated within the larger common area of the subdivision and not on individual lots. (Findings of Fact, Section D, Parks and Open Space) 14. A 100 foot building setback from the centerline of Spring Creek shall be shown on the final plat. (Findings of Fact, Section C, Surface and Groundwater) 15. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." (Findings of Fact, Section D, Roads) 16. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09) 17. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Subdivision Regulations, Section 3.18) 18. A detailed floodplain study shall be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. The final plat shall not be recorded and no significant earth moving within 100 feet of the centerline of the creek shall be allowed until the completion and acceptance of the study area. The newly delineated floodplain shall be staked. The base flood elevation accepted by FEMA shall be indicated on the final plat and no lots shall extend into the newly delineated floodplain. (Findings of Fact, Section A, Flooding) 19. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22) 20. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)) 21. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature (Kalispell Subdivision Regulations, Section 3.18(E)) 22. A homeowners association for the subdivision shall be created that includes a provision for the maintenance of the bike path and landscaping within the 20- foot landscape buffer along Three Mile Drive and the park and common areas along Spring Creek. (Findings of Fact, Section D, Parks and Open Space and project proposal) On going conditions: 23. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 24. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION FEE SCHEDULE: Major Subdivision (6 or more lots) Mobile Home Parks & Campgrounds (6 Amended Preliminary Plat Amendment to Conditions Only Re -configured Proposed Lots Add Additional Lots or Sublots Subdivision Variance . Commercial and Industrial Subdivision FEE ATTACHED PREY. PAID $750 + $105/lot or more spaces) $750 + $105/space SUBDIVISION NAME: COTTAGE GARDENS SUBDIVISION OWNER(S) OF RECORD: $350 base fee Base fee + $40/lot Base fee + $105/lot $100 (per variance) $950 + $125/lot Name APPEX 1, L.L.C., NORMAN C. SANDERSON Phone (206) 322-5977 Mailing Address 10 EAST ROANOKE STREET #8 City SEATLE State WA Zip 98102 TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name & Address DAVE HOFSTAD, HILZAC CORPORATION, P.O. BOX 8226, KALISPELL, MT 59904 Name & Address BRXAN LONG, LONG ENGINEERING, P.O. BOX 7907, KA.LISPELL, MT 59904 LEGAL DESCRIPTION OF PROPERTY: Property Address 575 THREE MILE DRIVE, KALISPELL Assessor's Tract No(s) 0625101 Lot No(s) TRACT 1AC/TRACT 1 C.O.S. #9981 1/4 Sec SW /4 & SE 74 Section 2 Township 28 N Range 22 W GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces 30 Total Acreage in Subdivision 10.75 Ac. Total Acreage in Lots 5.04 Ac. Minimum Size of Lots or Spaces 0.161 Ac. Total Acreage in Streets or Roads 1.92 Ac. Maximum Size of Lots or Spaces 0.216 Ac. Total Acreage in Parks, Open Spaces and/or Common Areas 3.81 Ac. Single Family 30 Townhouse Duplex Commercial Condominium Apartment Industrial Multi -Family Mobile Home Park Recreational Vehicle Park Planned Unit Development Other: Clubhouse •; •- .;• ••• it 1 '• r • -• i i 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 _ Hall Delivery: Central X Individual School District: KALISPELL Fire Protection: Hydrants X Tanker Recharge Fire District: CITY OF KALIPELL Drainage System: DISCHARGE TO STATE WATERS OR SUBSURFACE INFILTRATION - • • r - • • • • - • • • • •I ►w ^`• •J CONSTRUCTION TO PROTECT VEGETATIVE C• V C VARLANCES REQUESTED?(yes/no) If yes, please complete the information below: SECTION OF REGULATIONS CREATING SHIP: CITY OF KALISPELL SUBDIVISION REGULATIONS, CHAPTER 3 (DESIGN STANDARDS), SECTION 3.08, PARAGRAPH A (ACCESS). EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE WITH REGULATIONS DUE TO MDOT RECOMMENDED APPROACH LOCATION SUITABLE LOT LOCATIONS IN THE SE CORNER OF THE PROPERTY ARE NOT ACCESSABLE BY A PUBLIC STREET. PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: THE PROPOSED ALTERNATIVE IS TO PROVIDE A SHARED DRIVEWAY EASEMENT BETWEEN LOT 1 & 2 TO PROVIDE ACCESS TO LOTS 3 &, 4. THIS EASEMENT WILL ALSO PROVIDE ACCESS TO THE PROPOSED LIFT'STATION. 2 1.13 ' Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? NO, THE SHARED ACCESS DRIVEWAY WILL BE CONSTRUCTED IN • •&4@31y- r oil 1 1 r 1111 iiii 11922R ADEQUATE ACCESS FOR EMERGANCY SERVICES. 2.. Will the variance cause a substantial increase in public costs? • r • r • • ►• all - • r ri • 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations, Master Plan or Growth Policy? O, ALL LOTS UTILIZING THE SHARED ACCESS ARE CONFORMING WITH THE PROPOSED ZONING DESIGNATION. 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? YES, THE LOCATION OF THE APPROCH INTO THE PROPOSED SUD SIGN AS DETERMINED BY THE MDOT. 5. What other conditions are unique to this property that create the need for a variance? THE USE OF A CUL-DE-SAC TO ACCESS THE AREA IN THE SE CORNER OF PROPERTY IS NOT PRACTICAL, DUE TO THE AMOUNT OF SQUARE FOOTAGE REQUIRED TO CONSTRUCT A CUL-DE-SAC AND 60' R-O-W. THE BUILDABLE AREA WOULD THEN BE CONSIDERABLE REDUCED TO THE EXTENT THAT LOTS WOULD NOT HAVE SUITABLE BUILDABLE AREAS. 3 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. Preliminary plat application. 2. 10 copies oft the preliminary plat. 3. One reproducible set of supplemental information. (See Appendix A of Subdivision Regulations for the city where the subdivision is proposed.) 4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size. 5. Application fee. 6. Adjoining Property Owners List (see example below and attached notice from County Plat Room) : Assessor# Sec- Lot/Tract No PmRerty Owner & Mailing Address 0625101 2-28N-22W Tract 1 AC/ Appex 1, L.L.C, Norman C. Sanderson Tract 1 per 10 East Roanoke Street #8 C.O.S. #9981 Seattle, WA 98102 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 tine mon' oring and inspection during the approval and development process. / _t� P C-k L-L C �.. t �____/o I (Applicant) (Date) 11 C ' OF C�J j13 jF�yryp lUt9 ii.l f { 1 p f14 1B 7 r J 1 '�� i /`l I4(931E1..` IBC1 1AA 1 4 3F Ic!qel lee ;Fi z 33 — 31 130 2 37 VICINITY MAP SCALE 1" = 600' APPEX 1, LLC NORMAN SANDERSON COTTAGE GAR ENS SUBDIVISION A 30 LOT SINGLE FAMILY SUBDIVISION & ANNEXeTTnN & INITIAL ZONING OF R-3 (URBAN SINGLE FAMILY RESIDENTIAL) ON APPROX. 10.8 ACRES PLOT DATE 2/6/07 H:\gis\site\kn07_04.dwg FILE# KA-07-04 & KPP-07-04 1 R�E�2 g35 331 '� i 2 POD 1B0I pgOB� , o G G vo LU LULL r , CD W l0 Q N - `\ ♦i! `r', a fn Q. !r - �f�" �'� ♦ r Z o 1' .� s-w g0O / oaf i��� r r / I --� CV LO rc �� 1 m I �o 14 u� eo N po m N CD N it 7.-: �J_ i it N ao L=/J ji L _ J -T 101'80Z 1 w z� M1119474°00S f a 1 a-w f w� a w� o j TZ O) w M �0 cm ti V v0i m °o co Lp N z �ao ao �F� dl Y I rc Z Uo 000 3} ti . ��� I cw uim -` I� oU. �I L__J L /J L_ _ —� �_—� 00 3 N OD ,.�� 16b 68£ 1119,K.00 L-101 L-Hd 9-101 L-Hd 9-iOl L-Hd tl-io L Hd C-101 L-Hd ° N '1S3 b'1SIn'N1W '1S3 V1SIn'N1W 1S3 V1SIA'N1W 1S3 H1SIA'N1W 1S3 V1SIA'N1W ro 'I U-W5,ow lux, W°°wog � U, < UL) Qy�U3w WOLL_00� z Z ° ���0 oOuip� 1Z0 < z CYmoa-0 I ENVIRONMENTAL ASSESSMENT PER CITY OF KALISPELL SUBDIVISION REGULATIONS For COTTAGE GARDENS SUBDIVISION For Norman C. Sanderson Appex 1, L.L.C. 10 East Roanoke Street #8 Seattle, WA 98102 Prepared By: Bryan K.t-o—ng, P.E. Long Engineering, P.C. 347 West Idaho / P.O. Box 7907 Kalispell, IVIT 59904 ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 1 A. Locate ova -r copi> o1'the prelimin v-v pl£at.: All-'T. known hazards qN� fetid, the c'l'eivtopment which coidd i"c?sul! in pY'C1pert.v dama e or per'wnal iql uy dtle to: �. halls, slides or Slumps — soil, rock, mud, S7701V There are no falls, slides, slumps or bedrock that could result in property damage or personal injury. The topography of the proposed subdivision site includes slopes with grades between four and six percent. One broad Swale exists on the property with varying side slopes, maximum of 34%, as shown on the preliminary plat. None of this severely sloping area will be used for construction. Vertical elevations differ by approximately sixteen feet across the entire site. The area is not prone to any unusual seismic activity. b. _ 111y rock outcropping. There are no rock outcroppings existing on the property. R. Describe any proposed measures to prevent or reeluee the Ganger q1 propertY CZ£iYY ige. or personal it#ut,y frow any,' of'these hazards. The property does not include any known geologic hazards. Locate on 41 dopy g0he preliminary plat: A. Any natural water s.yst.eins such as strewns�, rivers, intermittent streams, lakes or marshes (also indicate the ncanes cold sizes of each) The USGS map indicates the presence of one stream (Spring Creek) within the proposed development. 13. fin), arti, c=ical ,eater sYstems .such as c antds, Glitches, ciquedut...°ts r tL'xrvoirs an£ irrT.�f;LitioTt �sti,StE'rtis (£II.So 1t.GhCate the names, S1ZGS aYld)re,Se7it 1a:SE.'S oc'(iC":h) No artificial water systems are located within the proposed development. C: Am, tarel.s .sta!Wc ct to flood hazurd, ot. if'avvilcible, 100-vear,floodplcain rt7£atas (llsin best awlilable infC) m(ltZon). Areas along Spring Creek, located within the 100-yr flood plain (Zone -A) is shown on the Preliminary Plat. This area is concentrated in the broad Swale area where Spring Creek crosses the property. No construction is planners within any of theses areas UI VUV. ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 2 Al t.occrte on £r copy o f the hrelimirzai-v pk-it the major vegerwion types within the Ssiiodlvision (e.g., nw.,57h, grcisslcind, shrul and forest). Existing vegetation on the site consists mainly of native, agricultural, and crop grasses. A stand of aspen and willows exist within the proposed development, both located in the deeper sections of the broad Swale of Spring Creek. B. Describe the amount o 71egetation that is to be reinove , or cl2tx77ed f )rm the site, and stcite the re£tsons, fi r- Arch removal. Existing vegetation will be removed only where necessary to construct roads, driveways and structures. Other areas will be enhanced by landscaping. De,_,xribe an} projJOS`Ed rne67Sltl'ELS to be taken t0 pY(3tG'Cr VegC?tiXtll'E cover. Silt barriers, or other suitable control measures will be provided during construction to protect vegetative cover. Revegetation of any areas disturbed during construction will be completed as soon as practically possible following construction. A. IVhat major species of fish cind if wty, use the area to be ciff&c•ted by the prolzose£l subdivision? White-tailed deer frequent this and all adjoining areas despite the residential development, as is common in many developed areas on the outskirts of Kalispell. Pheasants are also prevalent within the proposed development. No other major species are suspected to frequently utilize the proposed development area. B. Locate on a eoj. }y of the prelirnln.ary plat art), known i.mport"ant wi/talde' areas, such as hi�y gatne winter ran(XI , 1'rateYfbla'l 176?Sti?lq of ea.S, habitat 161- rale anal efZClanY ei'E'Cl species crud werl£tnrls°. No important wildlife areas, such as big game wintering range, waterfowl nesting areas, or habitat for rare and endangered species are located within the proposed development. C. L c.ser i(Ic crazy proposed tnLwsures to irrcatect wildlife habitat or fo minimize habitat deg rCdLlCltion. The area within and around the broad Swale of Spring Creek, presents the most viable wildlife habitat areas. This area is less suitable for development, will be designated as common area green space, and is I tPnri A("i t be nracar�ieai i itz natural state with, onfly such ����r�imr, n+ n.�.._ u r . ... n t .,� ��, Su�.� �vvv iI pac'd ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 3 improvements as may be necessary to allow it to be used by residents of the development (i.e., walking path, picnic tables, benches, ect.) Stauc the cyerca-C, type r.-ind rigr•icultaml ch-issifiecitions of (soils orz the site. The majority of soils located within the proposed development are varying depths of organic topsoil underlain by sandy loam. These soils are suitable for agricultural purposes. R. State the histortll of pr•odirction of this site by cr oj-'' tipe ,-znd yield. The proposed development has been used for agricultural and residential dwelling purposes in the past. One established residential dwelling is located within the proposed development and will be removed. before construction. C Stwe the historical current agricultural uses which occar adjacent to the site. Historical agricultural uses of the properties adjacent to the proposed development include grazing and crop use. All present adjacent uses are residential and agricultural. Two other approved subdivisions are located adjacent to this property and this property represents residential infill. D. Explain any stet?s which will be taken to c-ivoid or limit development corrfhcts ivith u(jacent agricultural uses. The development is not anticipated to create any conflicts with adjacent agricultural uses. r. If the site is timbered, stWe arry timber rmnrrgernent reeoinrnetulutions which tnay have been sag ested or implernemed by the U.S.D.A. Division of"Foresir v in the urea gf"Ihis ?r ol-"OsCll. The proposed development site is not timbered. 14. L oc da e on a copy q(the preliininvi y plut ctny known or 1possible historic, urehaeologic-al or, cr.r,tttPec3r saes m%hrch cn:ist on or near trite site. There are no known historical, archaeological or cultural features on or near the site. S. Describe uny knmvn or- possible sites delinecued on the prelilninar-y plae. N/A ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 4 C . Describe an), rneasures thatwill be taken o proteci .itch sites or propertt -'s. N/A VII. SEWAGE TREATMENT: it77ere individltal sewage treatment systems are ioroposed.lbr each parcel: N/A. The development is proposed to be annexed to the City of Kalispell and sewage treatment is anticipated to be provided by the city's sewage treatment system. Indicate the distance to the nearest public or community sewage treatment ,s� •stern. '. Provide. cis attachatents: cz, 77vvo (2) copies of the plat ivhich shoti, the proposed suitable location on each lot, f or• a subs ur face treatment system and a 1 t)O1%'� replacement area for the subsur, face treatment system. Show the location of neighboring � ells and subsin- fiace trecrtrrterrt systems and the distances to each. b. The results ofpercolation tests performed ill representative areas,for• drah#ields in accordance with the most recent DECK Bulletin. Each percolation test shall be keyed by a number on a copy of the plat with the it f�rr rrtation crud results pr o�ided in the relror t. :The number of pr•elirrairtar)� per•colatiort tests required shall be one-fourth (1/) oftltc total number of " proposed lots and these tests shall be performed in the different soil types, or evenly spaced throughout the subdivision in the absence ofsoil variability. A detailed soils description for the area shall be obtained fi•orn test holes at least seven (?) feet in depth. .The number of `test holes will depend upon the variability of the soils. 7'he L-. 5. Depart, of �1��7ricarltttr e s "Sods Classification Si)stein".shall be used in the descriptions. Inforinatiorz orr the internal and sur face drainage character isties° ,shall be included. Each test hold shall be kk-n,, 3d by a number on a cot-3, of the plat ivith the in the report. El. /I description of the ft)l1owh7 ph vsical conditions: (1) Depth to groundwater at time ol.vear when water table is nearest the siu fC<Ce ClnLi how tltTs i}2forlr7L'ltl0r7 1^ia.5' ObtCtirZed. (2) Minimum, depth to bedrock or other r7lpCr'vr071 Trrfrter't:ll, <I re• tie"i. s'r,)OP17Rvion was olitcn, tE'Cd. ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 5 8. For a 13roposetl P1113hc or t'01nini :"tits% seilw e treatment sj'slem: The proposed development is proposed for annexation to the City of Kalispell. Upon construction, sewage treatment and disposal will be provided by extensions to the existing City of Kalispell system. I. t`_sti:} cat'.? the ft}%er'age nitrnhew (._}f gtZdlons Of sev cige generated per day by the Sllbtlrvistol7 when fitlll' ttei%1'.lope t. Sewage flows, upon full -development, are estimated at 9,000 gallons per day. The formula for this flow estimate is three residents per dwelling at 100 gallons per day per resident. ?. Yf'here an existing system is to he used: a. Identify the system and theherson,,firm or agenel., r'esponsible,for its operation and maintenance. City of Kalispell public works department currently provides operation and maintenance services for the municipal sewer system. b. Indicate the system's ccziaacitti to handle additional use and its distance f -om the development. The existing system has the capacity to accommodate the anticipated increased flows. C. Pr•oi'ide evidence that permission to connect has been granted. Capacity and ability to serve the development with sewage treatment services has been confirmed, via a telephone conversation, with the City of Kalispell Public Works Department. 3. Where a new system is proposed: New sewer main extension will be provided. a. Attach a copy of the p at snowing the location of all collection lines emd the location crud identification of the basic components of the treatment system. See the preliminary plat for the location of sewer collection lines and system components. jl. if :slll7stdl' aCe tl'eCttln('ITt {tJ dtt' £'.,fluent is pr'opos'. 1, give the results Cif thf' i7PG'hTYLIIZar"y analysis salad (�e1�'CiltafloYi tests tYi thG° tired o the t3^G'.'atI11E:'nt site. N/A r!.......V rx1tY J I f <<Jt N/A ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 6 (1) Depth io ;!rounds ateY at time o1 ear irhen water iable is nearc.>t the sua -thee and hoiv this iiZforrnCatlon was obtained. (2) <,IIirnmuna depth to bedrock or other impervious material, Canal r how ibis infoi-ination was obtained. d. Indicate who will beam the costs ofinstallation and who will own, operate 611hl nlafW,'[177 the systerll. Also, indicate the anticipated date of completion. The developer will bear the design and installation costs associated with the sewer improvements for the proposed development. All improvements will be constructed in accordance with City standards and upon completion, the improvements will be granted to the City of Kalispell with appropriate easements. VIII. WATER SUPPLY: A. /'here can individual water supply system is proposed for each parcel: N/A If individually drilled wells are to be used, provide evidence as to adequate quantity anal quality; cif the water supply. ?. ff any other method of individual water suppZI, is to he used: a. Explain it'I v the alternate,lorm oI water siq.7ply is proposed instead of drilled vrells. b. Identih' the source of water supp!'v al0 provide evidence that it is of S"atfflcient quantir cant:/ quality to serve the development. Attach two (2) copies of the plat showing the proposed location of eaa.,h spring, well, cistern, or other water source atnd indicate the distance to existing or proposed seiva;e trcatment syste.m.s. f3. Where a public or coninninity waters is proposed: Water supply will be provided by City of Kalispell, following annexation. estimate the nianber >f galh ms per day requires l hY the deveh.gm1ent'includin ir'ri�,'U 017, ii'ajpplicablel. Peak flows are estimated at 100,000 gallons per week during summer months, with a maximum of 1250 sq. ft. of lawn per lot beinri irrinntorl ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 7 i` 7e -e ern ir.Vist1`s7g systErr7 is to be used: The existing City of Kalispell municipal water system will provide water service for the proposed development, as shown on the preliminary plat; following annexation. a. fdentif > the system and the pc, -so. --?,firm or agenev responsible for its operation and ,naintenance. City of Kalispell public works department currently provides operation and maintenance services for its municipal water system. b Indicate the sv=stern 's capacity to handle additional use and its distance from the development. Kalispell's existing system has the capacity to accommodate the anticipated increased flows. The existing.water system has a connection point within 1,000 feet south and west of the proposed development. Provide evidence that permission to connect has been granted. Capacity and ability to serve the development has been confirmed, via a telephone conversation, with the City of Kalispell Public Works Department. lFhere a 77eTv system is to be used: New water main extensions will be provided to accommodate the proposed development, as shown on the preliminary plat; following annexation. cr. Provide evidence that the water supply is a&equate in quantify} gw-dity and dependability. City of Kalispell Public Works Department has indicated it has adequate quantity, quality and dependability for the additional flows. fb_ indicate who will bear the costs of installation, when it will be completed and wh« lvil'l own, operate and mainlain the s)Wem. The developer will bear the design and installation costs associated with the water improvements for the proposed development. All improvements will be constructed in accordance with City standards and upon completion, the improvements will be granted to the City of Kalispell with appropriate easements. ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 8 ,-{ttach a copy.• of the plat shoiving the proposed location ol"Me ,v ater source and all distrihulion lines. Proposed new water line extensions are shown on the preliminary plat. IX. SOLID WASTE: A. Describe the proposed naethod of collecting and disposin,,- cal solid waste,f-oni the deveh omenl. Solid waste will be collected at each residence by a private hauler, Evergreen Disposal pursuant to MCA Section 7-2-4736. L�'. 11 ceratr'al collection areas are proposed within the subdivision, s'hovv their- location ore a copy of the prelirninag plat. C. If use of 'an e_xisting collection system or disposal flciliry is proposed, indicate the? name and location of 'the fcicility. Solid waste will be hauled to the Flathead County Landfill site. A. Streets and Roads. - Describe any proposed measures.1br disposing of storm run-off fr'onl streets and rcxu- S. Run-off will be collected by roadside curbs, gutters, ditches, subsurface piping, and discharged to Spring Creek (once applicable permits are acquired). 2. Indic°ate the gape of road sa.ar-1Gtce proposed. All proposed road surfaces will be paved. 3. I C:'SC } lj jf? Clt'al' pl'fJl3()SE?Cl tlaC'thtrC:S' foT stream ordrainaget'T'os'si y 0T.C?., 1111 "'ts, No stream or drainage crossings exist or are planned on the development site, except for a single culvert which allows a primitive road crossing Spring Creek. Vehicular traffic will not be permitted to use this crossing. The developer is considering replacing this culvert with a foot bridge for access to the east side of the common area. 3` 0Iher" MV(l:S; ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 9 Describe ho1i- sari face rwi-offwili be drained or channeled.from fors or corrarnon areas. Surface run-off from lots will be drained by contoured landscaping. !. ndioate if .storm 1-1177-o f twill he 'brined or e17a,7ne!ed F 0i!? 10tS of Corltllron cire6l s. Storm run-off from lots will be drained by contoured landscaping. 3. Describe any and erosion controls to be utilized both during, and afier". construction, Sediment control barriers will be utilized during construction to prevent water degradation. Following construction revegetation practices will be incorporated to prevent water degradation. 4. Attaeh a copy cif the plat show -in- how drainage on lots, road and other areas Will be handled Onelude saes and diPnensions (�fditc°hes, culvers, etc. Storm water facilities will be designed in accordance with Montana Department of Environmental Quality standards to properly channel all storm and surface run-off from lots. A. Estimate how much daily tr°e4f/ic the development, tiEhei7 f rll�y develol-)ed, will generate on existing or proposed roads1.3roviding access to the development. The subdivision, when fully developed, will generate approximately 300 additional vehicle trips per day (30 units x 10 trips per day per unit). Disenss the capability of'existin, and proposed roads to safely accornrnoda.te this increased traffic (e.g., conditions of the road, szt lace aad right -of iviry widths, current traffic, flotivs, ete.). An approach permit will be acquired from MDOT, with the appropriate improvements providing access to Three Mile Drive. =. Dcseribe arrY iracrecrsed rracirrrter7Fxrrce problems and costs than will be caused by this increased in 1-olu me. All main roads immediately surrounding the proposed development are City- and State-owned and maintained, and the proposed subdivision will not greatly increase maintenance problems and costs. ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 10 B_ Indicale who l ill pa}% the c`oSt of installing and ma nt£llniig dediGa<2d Crud or1-311 �,7Lte road wa b`. All costs for design, construction and future maintenance of interior development roads will be borne by the developer and homeowners association. Costs for design and construction of the main access road will be borne by the developer and maintenance will be provided by City of Kalispell following construction and acceptance. C'_ Describe the soil on site, as they- relate to road and building cons.ruction and rneasllres to betaken to control erosion of ditches, banks and Cats as a result of proposed corrstrucdon_ Soil conditions are not foreseen to present any problems during construction. The roadway and building areas will be designed to conform to existing building and construction criteria. D) Explain m;hy access it -as not provided by nretans of a road within the subdivision i f access to any of the individual lots is directly from city, county, State or Federal roads of'highways. No lots will have direct access to City, County, State, or Federal roads or highways. F. Is year• -round access by conventional awomobile over legal rights-ol-way available to the subdivision and to till lots anti connnon futilities within the subdh,ision0 Year-round access by conventional automobiles over legal rights -of -way will be available to all lots within the subdivision. F. Identify the owners of any private property over which access to the subdivision will be provided. N/A XII. EMERGENCY SERVICES: A. Oescribe the emergency ser vices available to the residents of the proposed subdivision inchuding the n1finber of personnel and number of vehicles andlor ti p£ Of faw.lities for: Emergency services are available for the proposed subdivision. Fire Pr'oteevion tL Is the proposed subdivision in an urban or rural fire- district? .II'n(.w, will one be f6rined or extended? Fire protection will be provided by the City of Kalispell Fire Department, following annexation. ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 11 r; r _ . In cr s-e'race of'a,fire district, ii-hat fir°ehrotecrion procedures crre Plctr1ned, N/A E'. Indicate the type, size and location of Elnproposed rechcir e fixi/itles. N/A d. ff fire Hydrants are proposed, h7dicate water pressure cixpabilities and the locations of hvdr-rints. Fire hydrants will be installed in accordance with a plan approved by the Kalispell Fire Department. I Police Protection. Police protection will be provided by the Kalispell Police Department, following annexation. 3. Ambulance Service, and 1t%fedicttl Service. Ambulance and medical service is available in Kalispell. The present personnel and facilities for emergency services are adequate to serve the needs of the proposed development. B. Can the need of the proposed subdivision for- ectch of'the above services be met by present per•Sonnel curd f tc-iliiies? The proposed development is not anticipated to greatly impact the emergency services stated above. The emergency service agencies were not contacted during the preparation of this report. 1. If not, it -licit additional expense would be necessary to rrrctke these sere -ices adequate? N/A . 1'rhose expense would the necessary 'improvements be mark' N/A XIII. SCHOOLS: A. Describe the educatiorutl faciliiies iMich 111011lcl serl'e the subdivision (school wilities, school lwrsonnel. hers routes and cctlrabilitiess, etc.). The schools which will serve the development will be those of School District No. 1, West Valley for grades K — 8, and Glacier High School District for grades 9 - 12. ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 12 B_ Estimal,'e iiie nit?Tzber o/school chddre,7 that will be cid£led <1,, tf7c� proposed subdivJ:��o,7. afld YLow 1/1e1' vcitl ai/ect e?vis1Z11_�JCiC'Ili l£',S. The subdivision may add approximately 60 school students (30 dwellings x 2 children/dwelling) to the existing school system. The increase in school children will not greatly impact existing school facilities. �. Provide the present assessment classifications and range of the iotal assessed valuation of all land and structures. The estimated value of the undeveloped property is $675,000.00. An estimate of current taxes on the undeveloped property is $1,450.00. B. Provide the QiZtic7.pated £ZSSc'S&P7ieiii classl f7catlon and range ofthe total assessed valuation of all structures (at 25,()and 901N) occupancy — also give estimated year of said oeculgancy). It is difficult to determine an estimate of taxes following 25% and 90% occupancy for numerous reasons, but annual taxes from the property and improvements could be as much as $130,000.00. C. Provide anticipated revenge increases, per unit, from water, sewer and solid waste ecs. The anticipated revenue increase from water and sewer fees per lot is approximately $1,278 for sewer hook-up, and $2,746 for water hook-up. Estimated monthly fees are $22.25 per lot for water fees, $18.00 per lot for sewer fees. Solid waste fees will be collected and retained by Evergreen Disposal for minimum of five years following annexation. A, Describe the existing historical use of the Site. The present and historical use of this site has primarily been for residential and agricultural uses. ff Deseribe any comprehensive Plan i"F?("t?IYl7%76'77dattO 1S and other land use rea"tilatZons oJ. and lt(tj£iC'.c'Ytf 1(J tl2c? .S'itY'. I,S=C)J7/J7(''/IJ''(Il:r1.i't`Cl3 if li?L'atCfl J7E£Jr Lfit iJZCoI fJot'£X1C£l c71U or town, l.S am,,!e atioil ir(I losed? The property is adjacent to two other subdivisions recently annexed into the city of Kalispell. One is located west of the proposed subdivision, and one south. Annexation is proposed. ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 13 C t' esei7be dieprc'yent uses of kinds ad cict_,nt to or near theproposed dF velopli enf. Describe hotir the subdivision. ;.rill o0c°t access to any adioinin.g land andior whal nwasures are proposed to provide access. The prevailing land use near the development is single-family residential. The proposed subdivision will not affect access to any adjoining land. The existing and proposed easements will be improved to current standards. D. Describe the basis of'the need_for the subdivision. H(.m. much development (#'a similar nature is, or is not, available in the area. Development of the property for single-family residential use represents "infill" development between areas which are already approved for such development. 1. Describe ani, health or safety hazards on or near the subdivisiOli (lninitg aet7VitV, liigh voltage lines, gas lines, agricultural and form activities, etc.) Any such conditions should be accurately described and their origin and location identified. There are no health or safety hazards on or near the proposed subdivision. F. Describe alto on -site uses creating a nuisance (unpleasant odor, unusual noises, dust, smoke, etc.). AnY such conditions should be accurately described and their origin and location identified. No on -site or nearby uses constitute a public nuisance. A. Describe park and recreation fizedities to be provided within the proposed subdivision, and other which will serve the subdivision. The area to the east of Spring Creek will be reserved for a common area; preserved for the most part in its natural state, with walking paths, picnic tables, and benches. other parti;S and recreation facilllie's or site's in the area and their gjvproiiin dte illsttlnce froln the site. No other parks or recreation facilities are located in the immediate vicinity of the proposed development. ,. �� CLb.S`'i-iYi-.,1£a Of pal"tclarla 15proposeL stale die purchasepriee .)er acre or curr''enii warlt:et I'alue (Pallet stated must be no more than 12 months Old). Cash -in -lieu of parkland is not proposed. ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 14 XVII. UTILITIES: Z� iGic�ftt? the tithity C(t `t'1,r)L?-Ztes iYivoli'ed in pi-ovidinl elec1�i'ic6d po,,t-er. flL turt:d s, or (F'i�l,J t)l28 S'c?1'ViL'G. ) ''vY =0't el:tent Ir l t�iC'CC? atilllies be ZiiLI ed The power company responsible for this area is Flathead Electric Cooperative. The phone company will be CenturyTel. Natural gas will be provided by Northwestern Energy. Also, cable television, if available, will be provided by Bresnan. t l- � s t ,, t �x > > > > > �'' �' ��t.� ?c. ���E, inriYzr�r,,' x� r. been n submitted r`c� cx f� c°tE.cl �zrlEl�ti�.s.f«?' r'cri�.s� :� The preliminary plat has not yet been submitted to any of the above - mentioned utility companies. Coordination of installation of these utilities will occur during the construction phase of the project. C. Es°tincite the c.Urnl3letrc? i ciczte c�f'each utility insta/lation. The completion date/final plat recordation, will depend on the approval date and other issues, but it is anticipated to be before the end of 2007. ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 15 Cottage Gardens subdivision proposal Page 1 of 1 Sean Conrad From: Deleray, Mark [MDeleray@mt.gov] Sent: Thursday, February 22, 2007 1:26 PM To: Sean Conrad (E-mail) Subject: Cottage Gardens subdivision proposal Sean, I would like to provide these comments from Montana Fish Wildlife and Parks on the proposed subdivision named Cottage Gardens. This is a high -density development along a spring creek on Three Mile Drive. My comments are in regard to concern over maintaining high water quality in the adjacent spring creek and downstream waters. Fish Wildlife and Parks recommends 100 foot building setbacks with the first 50 feet in a riparian buffer comprised of native vegetation with minimal maintenance, which excludes managed lawns, on smaller streams like Spring Creek. These setbacks and buffers provide filtration of upland pollutants protecting water quality and stream and riparian habitats. It appears there are proposed setbacks of 80 to 100 feet. I recommend these be widened to 100 foot and include the riparian buffer as described above. Thank you for the opportunity to provide input. Please contact me if I can provide information. Mark Deleray Fisheries Biologist Montana Fish Wildlife and Parks 490 North Meridian Rd. Kalispell, MT 59901 (406) 751-4543 mdeleray@mt.gov 3/7/2007 Plan for Maintenance of Common Areas and Other Landscaped and Improved Areas Common Area In and Around Flood Plain Cottage Gardens Subdivision is an R-3 Zoning residential housing development with substantial open space. A portion of the open space is located in a riparian strip within a 100-year flood plain along the stream which traverses the northeast corner of the property, as well as areas outside the flood plain on the Northeast and Southwest sides of the stream. The preliminary plat designates approximately 3.49 acres as open space common area. The applicant proposes to maintain the common area both within and outside the flood plain as a natural, open space zone, to maintain riparian habitat along the stream. This is intended to benefit wildlife which use the area and maintain water quality in the stream. If any areas within the designated open space zones are disturbed by construction activities or are otherwise in need of additional vegetation for aesthetic purposes, they will be planted with native grasses, trees and shrubs. No construction of any sort is planned within the 100-year flood plain — should construction be necessary within the flood plain or within the steam, applications will be made for the appropriate permits. Noxious weeds will be controlled with approved control methods such as mowing and spraying. The applicant proposes a lightly maintained walking trail to -and from the common area on the northeast side of the stream, so as to link the area with the housing portion of the development. The applicant does not propose to develop the common area as a park or playground. However, benches and picnic tables may be installed within the area on the northeast side of the stream. The area will be kept free of litter and grassy areas along trails and within the vicinity of picnic tables and benches will be mowed periodically by a private contractor selected and hired by the homeowners' association. No use of city services will be necessary for maintenance of any of the common areas. Other Common Areas Maintenance of other common areas within Cottage Gardens, as defined in the Declaration of Covenants, Conditions and Restrictions of Cottage Gardens, including vegetation, roads, driveways, walkways and other paved areas, and all other improvements within the designated common areas of the plat, will be undertaken by a private contractor hired and paid by the homeowners' association. Boulevards, Bike Path and other Landscaped area along Three Mile Drive Maintenance of boulevards along city streets within Cottage Gardens, as well as the bike paths and a landscaped area along Three Mile Drive running in an east -west direction, shall be maintained and kept in good repair by the homeowners' association. 2 s N 89*50146" ES L J li REDDnDspxlpu U1 1 rre I / LJ L COTTAGE GARDENS SUBDIVISION TRACT 1AC / TRACT 1 PER C.O.S. # 9981 = 10.75 Acres PRELIMINARY PLAT GENERAL 0E3CRIP0.N]N APPEX 1, L.L.C.TI—DTALADn..x IN BBBDNNNN ,p.]a ADREe LEGEND rarAr.aIN LOTs.sas�� N89"50-50"E�Eaq cps.xinaoA .�, � �(,a:'s x�D Pemvwuxoem Tara � AR,cs. oPdsPAces.saw wc3es 652.191 109.05 -. tao-m FL°ooPwxeouxwm TmALACREAc31N w3YC Nows.,sancREs v /. ,/%/ / 5`-------cERF�„ta.eauxDMlm �vEwgva MNYBBR�LD,3-]0 \ • / / PARK AREA T5 xAn _ /37808 SQR / �, PaoPDaEDamsnxc�enconeuxe \ram 0868Ac, 'mn NBNs�aPLme-0.t,e ACRrs u'nE'u.ma nears pen orsoss AtRElo3xsnrl.zm FlgiMs /'l moPoseDwmaw / x \. \� C MONAREA \.' �c ��-'jN Sq R /_ ?ten •, /, — — — — FnEraarmurautmmvu BUILDABLE AREA (SQ. Ff.) LOT #1=3203 LOT#16=3758 2: LOT #2=3206 LOT#17=3769 \ \ / ea alnanr r m LOT#3=3462 LOT #18=4234 LOT#4-3117 LOT#19=5526 �\ Wy \� 1y G / / ,� PnoPos®mrs�rnwewr �:•\ f / /i PROP��OF� LOT #5=3904 LOT #20=4747 LOT #6 = 3372 LOT#21 = 3411 LOT #7=2565 LOT #22=3210 � ` s ~ ` �p Ty O Pnows®�areix '\ LOT #8-3063 LOT#23=2565 LOT 09=2407 LOT #24-2447 \ S \\..a �1 _\Pa a-v v—PxoPogDcwgTsxMux LOT #10=3314 LOT#25 3227 LOT#11 -3722 LOT #26-2710 \ LOT#12 3507 LOT #27=2786 LOT#13=2655 LOT#28=2762 l\' \v i LOT #14=3748 LOT#29=3255 LOT#15=3748 LOT#30=2403 Px E tw L J L — , Ij NORTH Ij a®® 1•114.: .: a® �MMON AREA IS IXEMPF FROM DEPARIMENLOF ENVMOlMENiP1 OUAN REVIEWPURSL,AMTDSEONON UppL. (m(ak APMOEI.TIAT HAS NOIXISTING FACILRIE9 FOR WATERSUPPIV, WASiEWAIHt OISPOSaL OR SOLID WASiE pI3PoSAL OTHERTHAN THOSETNTWERE OUSLYPPPROVED SYTIE REVIEWINOALRFgRiIYLR.DER]S, OHAP,ER a, PART, M.OA �Om ©mmo� ©omom# 000®m ©om0p� O0�o0 0®m0 O0p®I� ®00�Nm ®�mORm ®OmR�