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Staff Report/Preliminary PlatTri-City Planningice 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Orchard Village Subdivision Preliminary Plat - South Side of Appleway Drive MEETING DATE: March 1, 2004 BACKGROUND: This is a request by Orchard Village LLP for preliminary plat approval of a 14-lot residential subdivision on approximately 3.18 acres in the west part of Kalispell. Each of the 14 lots would be developed with a four-plex apartment building. There would be a total of 56 dwelling units within the site once fully developed. The apartment buildings and the "sublots" being created would be individually owned while the parking, access, recreational area and landscaping would be commonly shared, owned and maintained. It is anticipated by the developers that the property would likely be developed in two phases that would be completed over a two or three year period. The property lies on the south side of Appleway Drive and has been used in the past for a residence and vintage automobile storage yard. The property has essentially been cleared of the accumulated vehicles and other items. The property was annexed into the city in June of 2003 with and given a zoning designation of B-2, General Commercial. It has been the intent of the owners to develop this property with multi -family dwellings which are listed as a permitted use in the B-2 zoning district. This will not be Section 8 housing as initially stated in the application. The Kalispell City Planning Board held a public hearing regarding this matter at their meeting on February 10, 2004. The applicants spoke in favor of the proposal and noted that this was the intention all along to develop this property. The apartments are in response to the local market and will provide an important element in the housing inventory. They noted that this will be centrally located and provide some good housing alternatives. There were two property owners from the immediate neighborhood who spoke at the hearing stating they really had no problems with the project but were concerned about traffic impacts to the roads in the area. The planning board discussed the issues related to density and traffic including the location of the Kalispell Bypass to the west and the traffic problems along Meridian Road. A motion was made and passed on a unanimous vote to forward a recommendation that the Kalispell City Council approve the preliminary plat subject to the recommended conditions as amended. Providing Community Planning Assistance To: ® City of Kalispell . City of Whitefish . City of Columbia Falls Orchard Village Subdivision Preliminary Plat February 25, 2003, 2003 Page 2 When the Site Development Review Committee reviewed this project, they included a recommendation that sidewalks and a landscape boulevard be installed along this frontage of this property. The developer does not have a conflict with this condition and is aware of the situation. This condition of approval was inadvertently omitted from the original staff report, but has been reinstated in the recommendation to the Kalispell City Council RECOMMENDATION: A motion to adopt the resolution approving the preliminary plat subject to conditions would be in order. FISCAL EFFECTS: Respectfully submitted, - 21 Narda A. Wil on Senior Planner Minor positive impacts once fully developed. As suggested by the city council. Report compiled: February 25, 2004 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager Attachments: Transmittal letter Staff report #KPP-04-1 and application materials Draft minutes from 2/ 10/04 planning board meeting TRANSMIT\ KALISPEL\2003 \KPP03-6.MEMO • • • •In 1 • . • lounamil = U • 41 N lis I lern two► . • •• •.ASSESSOR'S 15 LOCATED •N 13, TOWNSHIP 28 NORTH,, COUNTY,FLATHEAD • WHEREAS, Orchard Village LLP, the owner of certain real property described above, has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on February 10, 2004, on the proposal and reviewed Subdivision Report #KPP-04-1 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Orchard Village, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of March 1, 2004, reviewed the Tri-City Planning Office Report #KPP-04-1, 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 Tri-City Planning Office Report #KPP-04-1 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application for Preliminary Plat approval of Orchard Village, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with application submitted, the site plan, covenants, elevation drawings, materials and other specifications as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. Fire hydrants shall be provided per City specifications at locations approved by this department prior to combustible construction. All house numbers shall be visible from the driveway entrance and clearly posted on each of the buildings. (Kalispell Subdivision Regulations, Section 3.20). 4. That a letter be obtained from the Kalispell Parks and Recreation Department stating that the landscape plan has been reviewed and approved for the placement of trees and landscaping materials within the development. (Kalispell Subdivision Regulations, Section 3.11). That the approximately 0.389 acre area designated on the plat as "park" shall be developed to provide recreational amenities and shall be privately owned an maintained. This park area satisfies the parkland dedication requirements. (Kalispell Subdivision Regulations. 3.19). 6. The internal road within the parking lot shall be 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. (Kalispell Subdivision Regulations, Section 3.09). 7. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 9. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 10. That issues related to the 100 year floodplain that lies to the west be adequately addressed prior to construction on Lot 14 in the southwest quadrant of the site. (Kalispell Subdivision Regulations, Section 3.05). 11. That sidewalks be placed on the south side of Appleway Drive that are a minimum of five feet wide and separated by a minimum five foot landscape buffer. Placement of street trees and landscape materials shall be coordinated with the Kalispell Parks and Recreation Director. (Kalispell Subdivision Regulations, Section 3.11) 12. That a provision be made for the use and maintenance of common elements within the subdivision by way of a maintenance agreement or within the covenants for the subdivision. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 15. That preliminary plat approval shall be valid for a period of three years from the date of approval with an automatic two-year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). 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 1 ST DAY OF MARCH, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City PlanningOffice 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricitvi-i),centurvtel.net www.tricityplanning-mt.com February 25, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Orchard Village Subdivision Preliminary Plat Approval Dear Chris: The Kalispell City Planning Board met on February 10, 2004 and held a public hearing to consider a preliminary plat approval of a 14-lot residential subdivision on approximately 3.18 acres in the west part of Kalispell. The property lies on the south side of Appleway Drive and has been used in the past for a residence and vintage automobile storage yard. Narda Wilson representing the Tri-City Planning Office, presented staff report KPP-04- 1 explaining that each of the 14 lots would be developed with a four-plex apartment building. There would be a total of 56 dwelling units within the site once fully developed. The apartment buildings and the "sublots" being created would be individually owned while the parking, access, recreational area and landscaping would be commonly shared, owned and maintained. It is anticipated by the developers that the property would likely be developed in two phases that would be completed over a two or three year period. The property has essentially been cleared of the accumulated vehicles and other items. The staff recommended approval of the subdivision subject to the listed conditions. At the public hearing, the applicants spoke in favor of the proposal and noted that this was the intention all along to develop this property and the apartments are in response to the local market and will provide an important element in the housing inventory. They noted that this will be centrally located and provide some good housing alternatives. There were two property owners from the immediate neighborhood who spoke at the hearing stating they really had no problems with the project but were concerned about traffic impacts to the roads in the area. The planning board discussed the issues related to density and traffic including the location of the Kalispell Bypass to the west and the traffic problems along Meridian Road. A motion was made and passed on a unanimous vote to forward a recommendation that the Kalispell City Council approve the preliminary plat subject to the recommended conditions as amended. Providing Community Planning Assistance To: ® City of Kalispell ® City of Columbia Falls ® City of Whitefish Orchard Village Subdivision Preliminary Plat February 25, 2004 Page 2 Please schedule this matter for your next available city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board /"7W George Taylor President GT/ sm Attachments: Exhibit A - Recommended conditions of approval Staff report #KPP-04-1 and application materials Draft minutes 2 / 10 / 04 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Orchard Village LLP, P.O. Box 7505, Kalispell, MT 59904 Montana Mapping Assn., 115 Valley View Dr., Kalispell, MT 59901 Blend Design &, Build, P.O. Box 7505, Kalispell,MT 59937 Orchard Village Subdivision Preliminary Plat February 25, 2004 Page 3 TRI-CITY PLANNING OFFICE STAFF REPORT• • i ORCHARD VILLAGE SUBDIVISION CONDITIONSOF APPROVAL AS RE• ! BY THE KALISPELL CITY PLANNING BOARD 2004 The Kalispell City Planning Board is recommending the following conditions to the Kalispell City Council for the above referenced preliminary plat. A public hearing was held on this matter at the February 10, 2004 1. That the development of the site shall be in substantial compliance with application submitted, the site plan, covenants, elevation drawings, materials and other specifications as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. Fire hydrants shall be provided per City specifications at locations approved by this department prior to combustible construction. All house numbers shall be visible from the driveway entrance and clearly posted on each of the buildings. (Kalispell Subdivision Regulations, Section 3.20). 4. That a letter be obtained from the Kalispell Parks and Recreation Department stating that the a landscape plan has been reviewed and approved for the placement of trees and landscaping materials within the development. (Kalispell Subdivision Regulations, Section 3.11). 5. That the approximately 0.389 acre area designated on the plat as "park" shall be developed to provide recreational amenities and shall be privately owned an maintained. This park area satisfies the parkland dedication requirements. (Kalispell Subdivision Regulations. 3.19). 6. The internal road within the parking lot shall be 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. (Kalispell Subdivision Regulations, Section 3.09). 7. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). Orchard Village Subdivision Preliminary Plat February 25, 2004 Page 4 8. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 9. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 10. That issues related to the 100 year floodplain that lies to the west be adequately addressed prior to construction of Lot 14 in the southwest quadrant of the site. (Kalispell Subdivision Regulations, Section 3.05). 11. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Appleway Drive. 12. That a provision be made for the use and maintenance of common elements within the subdivision by way of a maintenance agreement or within the covenants for the subdivision. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 15. That preliminary plat approval shall be valid for a period of three years from the date of approval with an automatic two-year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). REPORTS \ KALI SPELL\ KPP04-1. DOC ROLL CALL The motion passed unanimously on a roll call vote, with Anderson being recused. ORCHARD VILLAGE A request by Orchard Village LLP for preliminary plat PRELIMINARY PLAT approval of a 14-lot residential subdivision on approximately APPROVAL REQUEST 3.18 acres located on the south side of Appleway Drive and one -quarter mile east of Highway 2 on property zoned B-2, General Business in the City of Kalispell. Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KPP-04-1, a request for preliminary plat approval of a 14-lot residential subdivision on approximately 3.18 acres located on the south side of Appleway Drive and one quarter mile east of Highway 2 on property zoned B-2, General Business in the City of Kalispell. Wilson stated the property was recently annexed to the city of Kalispell, and is just over three acres in size and lies on the south side of Appleway Drive. She said it was annexed with the intent to develop it for apartment use and the developer is creating 14 sublots; each sublot would contain a four unit apartment building, or 56 units in total. She said that each sublot would be individually owned, but that the parking, access, recreational areas and landscaped areas would be commonly owned and maintained, with each owner of the sublots paying into an association for maintenance of the common areas. She said the property was used as a residence in the past by the Getz's, as a "vintage automobile storage yard", but that it has been cleaned up nicely. Wilson stated the property was annexed in June 2003, and the developers have been focused on getting the project before the board. She said the surrounding land use is an area in transition, with a mix of uses, mostly residential. She said the United Way is to the west, with some single family homes to the north, annexed and zoned B-2, and to the south are the railroad tracks, with Rails to Trials to the immediate south of the property. Wilson explained that water and sewer will be extended to the site. There will be two accesses onto Appleway Drive and a fire access road will be created to the south which creates a loop, which will be improved With asphalt, concrete, or grass crete. She stated the Kalispell Fire Department has no preference, as long as a fire truck will be supported, and they will work with the developers for fire hydrant locations. Wilson said the developers will need to provide fire access prior to combustible construction on the site. She also said there may be a ilooa plain issue on the site, because Ashley Creek lies to the west about ; 5 feet, and it is in a nondeliniated area of the 100 year flood plain. There is quite a bit of difference in elevation between the oroperty and the Kalispell Citv Planning Hoard \/linu[es of the meetine of Pebruara 10. 2004 creek though and doesn't think the property will be effected by the floodplain. She stated that an engineer for the developer is working with the State will determine a base flood elevation for the property. Wilson said that all of the storm water will be required to be maintained, retained, or detained on -site, with an engineered management plan coordinated with Public Works, and that part of the park play area may be used. She said this property is subject to the parkland dedication requirements, which would be 11% or 0.346 acres of land, and the plans call for park land in the amount of 0.389 acres of land, which will be developed with amenities and located adjacent to Rails to Trails. Wilson explained that the subdivision complies with the Kalispell Growth Policy, which anticipates development as commercial including a mix of other uses, and is consistent with the anticipated impacts. She said the density is consistent with B-2 zoning, with an average of 9900 square feet per lot and complies with subdivision regulations. She said the staff recommends adoption of the staff report and approval subject to the listed conditions, which are fairly standard, except for the flood plain and the possibility of a special improvement district for Appleway Drive. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Michael Blend, 1069 North Meridian, stated he is one of four partners in Orchard Village LLP. He said there will be 14 four plex buildings. These apartments would not qualify for Section 8 housing. Each of the units will be owned and rented by one partner, and they anticipate a two to two and a half year build out. Blend stated the property was ideal, with close proximity to shopping and jobs, and they anticipate a high demand for the apartments. He said the units will be positioned around the park and play area, with Grass Pave used for the fire access. He said they will try to retain as many of the existing trees and bushes as possible and will plant shrubs, trees and grass between the buildings and use landscaping bark. He said the yard bins would be supplied by Evergreen Disposal and would be enclosed and accessible. He said they will establish an owner's association, which will be responsible for common area maintenance and that each lot owner has a 1 / 14th undivided interest in the common area. He stated they designed the building in a pinwheel fashion, which will maximize privacy and create an attractive design from all angles, and that all main floor units will be handicapped accessible and adaptable. He said he believes the development will fill a need in the community for people who rent, with clean quality apartments in a convenient Kalispell City Planning Board Minutes of the meeting of February 10, 2004 Page 5 of 8 location. John Schwartz, Schwartz Engineering, spoke on the floodplain issue. He said that FEMA has evaluated Ashley Creek to the south of this property, and found that the base flood elevation is approximately 14 feet above the channel elevation of the creek. He believes the site is well out of the floodplain. He explained for clarity on Condition 10, only lot 14 (southwest corner) is located lower than the others, and the rest of the lots are at 29.59 feet and above. He said that one option would be to isolate it as Lot 14 and mitigate it by using fill to place the building at 29.59 feet, so they would be above the parking lot. He said the storm drains would be retained on site in a pond and will be ultimately released into Ashley Creek after treatment. PUBLIC COMMENT Dave Duvall, 15 Appleway Drive, said that he has lived next door to the property for over 30 years, and that it was not in the floodplain; the property used to be have irrigation ditches which ran through his pasture. He said he wondered how the development would affect his property, and is concerned about traffic impacts, but otherwise has no problem with the proposal. David Graham, 128 West Bluegrass Drive, stated he is a participant and partner in the project and sees an increasing demand for multi -family apartment units. He said he wants strong covenants and community involvement in the subdivision, and they would do whatever it takes to make Lot 14 buildable. He said they want to make the property a nice area, with staggered building sites, and have it be a plus to the community. Nancy Kostman, 1331 2nd Street West, Montana Forest Products, on the south side of the project, stated we need this kind of living space in the area, but is concerned about the Meridian Road and Appleway Drive intersection, which is a nightmare. She said she is concerned that their site will become an attractive nuisance with more people cutting through the mill site from Rails to Trails, but that it looks like a very nice development. No one else wished to speak and the public hearing was closed. MOTION Norton moved and Hinchev seconded to adopt staff report KPP-04-1 as findings of fact and, based on these findings, recommend to the Kalispell Citv Council that preliminary 1 plat approval for a 14-lot apartment complex be given to j Orchard Village subject to the 15 listed conditions. Kalispell City Planning Board . Minutes of the meetine ofPebruan, 10. --004 BOARD DTQCvTSSION Taylor asked Wilson about the Highway 93 upgrade and where it would be in relation to the property. Wilson answered the bypass would be to the west of the property and there would be a controlled intersection at the bypass and Highway 2. Hull asked where the flood plain was and if it was the small creek, and if the park would be commonly owned and who would pay taxes on it. Wilson answered it was the creek which flows under Appleway in a 24-inch culvert, and that there will be a maintenance agreement with the owners of the sublots for the parkland and common areas. Taylor asked about condition 10 relating to the flood plain and what the issues involved were. Wilson answered the basic issue is "what is the base flood elevation in this area and is it above or below the base flood elevation?". She explained that FEMA can assist in determing the base flood elevation in nondeliniated areas. She said the property is not mapped as being in the floodplain, but it is about 100 feet from a nondeliniated flood plain. The condition is insurance for the developer and the City that the property is outside the flood plain and above the base flood elevation for the area. Norton asked Blend to go over the number of units in the project. Blend stated there will be 28 two bedroom two bath units; 20 two bedroom one bath units; eight fully accessible handicapped units on the bottom floor, with the remaining lower units being handicapped accessible and easily adaptable. He said the units will rent higher than Section 8 requirements and will be constructed to the same design throughout the development, even if they have different owners. Hull stated that if the property was in a flood plain they would not be able to get a mortgage, so it is not a Board problem. Taylor asked Wilson about the Meridian Road upgrade and Appleway Drive. Wilson stated that Appleway Drive is a collector, and handles a lot more traffic than just this project, and that everyone knows that Meridian Road is a serious problem. She said that there will be an attempt to get advance funding from MDT by the City and County for the northern portion of Kalispell City Planning Board Minutes of the meeting of February 10. 2004 Meridian, but there are no plans right now to improve Meridian Road south of Highway 2 yet. Wilson stated that staff would not object to an amendment to condition 10 that would state "the issues related to the 100 year flood plain which lies to the west be adequately addressed prior to construction of Lot 14." AMENDMENT Hull moved and Anderson seconded to amend condition 10 to read that "the issues related to the 100 year flood plain which lies to the west be adequately addressed prior to construction of Lot 14." ROLL CALL (AMENDMENT) I The motion to amend condition 10 passed unanimously on a roll call vote. ROLL CALL The main motion passed unanimously on a roll call vote. OLD BUSINESS Norton asked about the Kalispell Zoning Ordinance continuance. Wilson answered another meeting is needed to continue the discussion and suggested some dates. It was decided to hold a workshop on Thursday, March 18, 2004. NEW BUSINESS There was no new business. ADJOURNMENT The meeting was adjourned at approximately 8:30 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, March 9, 2004. A work session will be held on Thursday, March 18, 2004 at 7:00 pm. John Hinchey stated he will not be at the March meeting. George Taylor President Judi Funk Recording Secretary APPROVED as submitted/corrected: / /04 Kalispell City !Tanning Board Minutes of the meetinp- of February 10, 2004 REPORTTRI-CITY PLANNING OFFICE STAFF 0. 00• A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for preliminary plat approval of a 14-lot residential subdivision. A public hearing on this proposal has been scheduled before the planning board for February 10, 2004 the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. BACKGROUND: This property was annexed to the city of Kalispell in June of 2003 and given a zoning designation of B-2, General Business, with the intent that the property would be developed with multi -family dwellings which are listed as a permitted use in the district. A. Petitioner and Owners: Orchard Village LLP P.O. Box 7505 Kalispell, MT 59904 (406) 752-5250 Technical Assistance: Montana Mapping Association 115 Valley View Drive Kalispell, MT 59901 B. Location and Legal Description of Property: The property proposed for subdivision is located on the south side of Appleway Drive and east of its intersection with Highway 2 approximately one -quarter of a mile. The properties proposed for annexation can be described as Assessor's Tracts Assessor's Tract 15 located in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Nature of Application: This is a request for preliminary plat approval of a 14-lot residential subdivision on approximately 3.18 acres in the west part of Kalispell. Each of the 14 lots would be developed with a four-plex apartment building. There would be a total of 56 dwelling units within the site once fully developed. The apartment buildings and the "sublots" being created would be individually owned while the parking, access, recreational area and landscaping would be commonly shared, owned and maintained. It is anticipated by the developers that the property would likely be developed in two phases that would be completed over a two or three year period. The property lies on the south side of Appleway Drive and has been used in the past for a residence and vintage automobile storage yard. The property has essentially been cleared of the accumulated vehicles and other items. The property was annexed into the city in June of 2003 with and given a zoning designation of B-2, General Commercial. It has been the intent of the owners to develop this property with multi -family dwellings which are listed as a permitted use in the B-2 zoning district. This will not be Section 8 housing as initially stated in the application. 1 FOINEPIM Total Area: 3.176 acres Total Lot Area in Lots: 0.891 acre Area in Parking: 1.098 acres Park / Play Area: 0.389 acre Average Lot Area: 0.063 acre E. Existing Land Use: This property is currently has a single family residence on it and is otherwise undeveloped. E. Adjacent Land Uses and Zoning: There is a mix of residential and non residential uses in the immediate area. This area can be described as an area in transition. North: Undeveloped and single-family homes, City B-2 zoning East: Residential development, County R-1 zoning South: Railroad tracks and; County I-2 zoning West: Single-family homes, County R-1 zoning G. General Land Use Character: This is an area in transition and it lies on the western fringes of the city limit. It can be described as generally residential in character with some non-residential uses to the west and south. The railroad tracks lie to the south of this property and there are houses to the east and west. H. Zoning: This property is zoned B-2, General Business, which lists multi -family dwellings as a permitted use in the district. Because the sublots are being created for conveyance, this proposal subject to public review. I. Utilities: This subdivision would receive full City services. Water: City of Kalispell Sewer: City of Kalispell Solid Waste: City of Kalispell Gas: Montana Power Company Electricity: Flathead Electric Coop (underground) Telephone: CenturyTel (underground) Fire: City of Kalispell Schools: School District #5, Kalispell Police: City of Kalispell This matter came before the site development review committee and there was support for the subdivision. The Fire Department needs to have the fire access road controlled with some sort of gate or pull out bollards and have regular snow removal. The fire hydrants will need to be located within the site as development occurs. There are no sidewalks along Appleway Drive and the staff will be recommending they be installed. There were some concerns that a phase I environmental assessment might be important because of the prior use as a wrecking / vehicle storage yard. There was so me discussion regarding a pickup area for public transportation. Landscape areas need to be grass or something similar, not rock. A gate or two to access the bike path is a good idea. The staff will speak with with the State regarding any floodplain issues. This application is reviewed as a major subdivision in accordance with statutory criteria and the Kalispell City Subdivision Regulations. Fire: This subdivision would be in the service area of the Kalispell Fire Department. The property can be considered to be a low risk of fire because the subdivision and buildings within the subdivision would be constructed in accordance with the Uniform Fire Code and have access which meets City standards. All of the buildings have and necessary improvements will be constructed to City standards. The property does not have steep slopes or woody fuels. Hydrants will be required to be placed in compliance with the requirements of the Uniform Fire Code and the approved by the fire chief. The fire access and fire flows will need to be approved by the fire department prior to combustible construction taking place. Flooding: According to FIRM Panel #1815 dated 9/30/92 lies within approximately 75 feet of the 100 year floodplain along Ashley Creek. This in a non -delineated area of the floodplain however, this property is significantly higher than the floodplain to the west and there appears to be very little chance of flooding. This matter will be further discussed with the State floodplain coordinator and the local floodplain administrator. Access: Access to the site will be from Appleway Drive, a City collector street, from two driveways on the east and west sides of the property into a main parking lot. A fire lane to the south will provide full circulation through the site. Access to the site is good and pose no potential safety hazards. B. Effects on Wildlife and Wildlife Habitat: This property is generally level with a very gentle slope and was used for residential and vehicle storage in the past. There is very little chance that this property provides any type of important wildlife habitat other than perhaps some birds who would be attracted to the wetland / floodplain area to the west C. Effects on the Natural Environment: Surface and groundwater: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. Ashley Creek lies to the west and to the south which will not be impacted by this development. Drainage: This site is relatively level and does not pose any unusual challenges to site drainage. Curbs and gutters will be installed within the paprking lot and a stormwater management plan will have to be developed to address the runoff from the site. 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 the stormwater management plan. Using the park / play area as part of the stormwater manage plan may be a viable option, but will be required to be developed in accordance with state and local standards. D. Effects on Local Services: Water: Water service to the subdivision would be provided by the City of Kalispell and extended from a water main that lies to the north of this subdivision in the Appleway Drive right of way. The water extension would be done solely at the developer's expense. The water main extension will provide water service to the apartments in the subdivision as well as the fire flows needed to meet the requirements of the Uniform Fire Code. 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 and it phases. Sewer: Sewer service will be provided by the City of Kalispell with the extension of existing sewer mains from the north at the developer's expense. The sewer is currently located in the Appleway Drive right-of-way and will be extended to the south within the site. Individual connections will be made to each building. Design and construction of the main will be reviewed and approved by the Kalispell Public Works Department and will be required to be constructed in accordance with the City of Kalispell's Design and Construction Standards. Roads: Traffic projections for this subdivision are estimated to be approximately 364 additional vehicle trips per day based on the estimate of 6.5 vehicle trips per residence per day in the area. All improvements within the site will be constructed to City standards. Appleway is designated as a collector in the Kalispell Transportation Plan and is currently a substandard road because it does not have curb, gutter and sidewalks. The staff would recommend that a note be placed on the face of the final plat that, in lieu of improvements at this time, will waive protest to the creation of a special improvement district to upgrade Appleway Drive at some point in the future. There is adequate capacity in the roads in the area and the impacts from this development would not be beyond that which would be anticipated as a result of continued growth and urban expansion in the area. All of the internal driveways and access within the development will be privately owned and maintained. Schools: This development is within the boundaries of School District 5, Kalispell. The school district superintendent has consistently responded to these new subdivisions by stating that the district has no objections to the subdivision and will accommodate any new students into the district. It can be anticipated that approximately five to seven additional school age children may be generated from this subdivision at full build out. This would have an insignificant impact on the district. Parks and Open Space: The state and local subdivision regulations have parkland / open space requirements for major subdivisions in the amount of 11 percent or one -ninth of the area proposed for the development. With 3.176 acres in the development, the parkland requirement 0.346 acres of land. The park / play area indicated on the plan has 0.389 of an acre. This park area will be developed for recreational purposes and will be privately owned and maintained by the collective owners within the subdivision. A bike and pedestrian trail lies immediately to the south of the play are and provides a nice amenity to the development. The staff would encourage the developer to coordinate with the County Parks and Recreation Department to install a gate to provide direct access to the trail. Police: This subdivision would be in the jurisdiction of the City of Kalispell Police Department. 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, and ,the subdivision will need to meet the requirements of the Uniform Fire Code. Water mains will need to be designed to provide minimum fire flows and installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A and fire hydrants shall be provided per City specifications at locations approved by the fire department, prior to combustible construction. Fire department access shall be provided . in accordance with Uniform Fire Code (1997) Article 9. Although fire risk is low because of good access and fairly level terrain, the fire department is recommending that access to the subdivision and the hydrants be 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 hauler 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 Hospital is close, less than two miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has not been traditionally used for agriculture. The land is efficiently and effectively being used for urban residential development. Its location within the planning jurisdiction and its proximity to urban services makes this property prime for the type of development being proposed. There will be no 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 potential utility service area and is anticipated to develop as Commercial. This land use designation anticipates a wide mix of uses with significant impacts to roads in the area. The proposed development is in compliance with the anticipated uses and development of the growth policy. G. Compliance with Zoning: This property has been zoned B-2, General Business, a district intended for a wide variety of uses with fairly intensive impacts. This development will have relatively minor impacts in relation to other uses. The minimum lot size requirement for the B-2 zoning district is 7,000 square feet. The average density within this subdivision is 9,894 square feet per lot which is essentially the common area and lots that total 3.18 acres divided by 14. Compliance with the Subdivision Regulations: The proposed subdivision complies comply with the Kalispell Subdivision Regulations and the applicants are not requesting any variances to the subdivision regulations. Staff recommends that the Kalispell City Planning Board adopt staff report KPP-04-1 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with application submitted, the site plan, covenants, elevation drawings, materials and other specifications as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. Fire hydrants shall be provided per City specifications at locations approved by this department prior to combustible construction. All house numbers shall be visible from the driveway entrance and clearly posted on each of the buildings. (Kalispell Subdivision Regulations, Section 3.20). 4. That a letter be obtained from the Kalispell Parks and Recreation Department stating that the a landscape plan has been reviewed and approved for the placement of trees and landscaping materials within the development. (Kalispell Subdivision Regulations, Section 3.11). 5. That the approximately 0.389 acre area designated on the plat as "park" shall be developed to provide recreational amenities and shall be privately owned an maintained. This park area satisfies the parkland dedication requirements. (Kalispell Subdivision Regulations. 3.19). 6. The internal road within the parking lot shall be 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. (Kalispell Subdivision Regulations, Section 3.09). 7. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 8. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 9. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 10. That issues related to the 100 year floodplain that lies to the west be adequately addressed prior to construction in the southwest quadrant of the site. (Kalispell Subdivision Regulations, Section 3.05). 11. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Appleway Drive. 12. That a provision be made for the use and maintenance of common elements within the subdivision by way of a maintenance agreement or within the covenants for the subdivision. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 15. That preliminary plat approval shall be valid for a period of three years from the date of approval with an automatic two-year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). REPORTS \KALISPELL\KPP04- l . DOC REPORTTRI-CITY PLANNING OFFICE STAFF 0, 00- A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for preliminary plat approval of a 14-lot residential subdivision. A public hearing on this proposal has been scheduled before the planning board for February 10, 2004 the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. BACKGROUND: This property was annexed to the city of Kalispell in June of 2003 and given a zoning designation of B-2, General Business, with the intent that the property would be developed with multi -family dwellings which are listed as a permitted use in the district. A. Petitioner and Owners: Orchard Village LLP P.O. Box 7505 Kalispell, MT 59904 (406) 752-5250 Technical Assistance: Montana Mapping Association 115 Valley View Drive Kalispell, MT 59901 B. Location and Legal Description of Property: The property proposed for subdivision is located on the south side of Appleway Drive and east of its intersection with Highway 2 approximately one -quarter of a mile. The properties proposed for annexation can be described as Assessor's Tracts Assessor's Tract 15 located in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Nature of Application: This is a request for preliminary plat approval of a 14-lot residential subdivision on approximately 3.18 acres in the west part of Kalispell. Each of the 14 lots would be developed with a four-plex apartment building. There would be a total of 56 dwelling units within the site once fully developed. The apartment buildings and the "sublots" being created would be individually owned while the parking, access, recreational area and landscaping would be commonly shared, owned and maintained. It is anticipated by the developers that the property would likely be developed in two phases that would be completed over a two or three year period. The property lies on the south side of Appleway Drive and has been used in the past for a residence and vintage automobile storage yard. The property has essentially been cleared of the accumulated vehicles and other items. The property was annexed into , city I June of 2vv3 with and given a zoning designation of B-2, General Commercial. It has been the intent of the owners to develop this property with multi -family dwellings which are listed as a permitted use in the B-2 zoning district. This will not be Section 8 housing as initially stated in the application. 1 D. Size: Total Area: 3.176 acres Total Lot Area in Lots: 0.891 acre Area in Parking: 1.098 acres Park / Play Area: 0.389 acre Average Lot Area: 0.063 acre E. Existing Land Use: This property is currently has a single family residence on it and is otherwise undeveloped. F. Adjacent Land Uses and Zoning: There is a mix of residential and non residential uses in the irrunediate area. This area can be described as an area in transition. North: Undeveloped and single-family homes, City B-2 zoning East: Residential development, County R-1 zoning South: Railroad tracks and; County I-2 zoning West: Single-family homes, County R-1 zoning G. General Land Use Character: This is an area in transition and it lies on the western fringes of the city limit. It can be described as generally residential in character with some non-residential uses to the west and south. The railroad tracks lie to the south of this property and there are houses to the east and west. H. Zoning: This property is zoned B-2, General Business, which lists multi -family dwellings as a permitted use in the district. Because the sublots are being created for conveyance, this proposal subject to public review. I. Utilities: This subdivision would receive full City services. Water: City of Kalispell Sewer: City of Kalispell Solid Waste: City of Kalispell Gas: Montana Power Company Electricity: Flathead Electric Coop (underground) Telephone: CenturyTel (underground) Fire: City of Kalispell Schools: School District #5, Kalispell Police: City of Kalispell . P, �. SDIbril This matter ramp before the site �PVPlnr�rr�ent rP�7ie�v cQrnm�ttee and tlleYP TxjaC su-nr�Qrt --' .__ . --�r-- r for the subdivision. The Fire Department needs to have the fire access road controlled with some sort of gate or pull out bollards and have regular snow removal. The fire hydrants will need to be located within the site as development occurs. There are no sidewalks along Appleway Drive and the staff will be recommending they be installed. There were some concerns that a phase I environmental assessment might be important because of the prior use as a wrecking / vehicle storage yard. There was so me discussion regarding a pickup area for public transportation. Landscape areas need to be grass or something similar, not rock. A gate or two to access the bike path is a good idea. The staff will speak with with the State regarding any floodplain issues. 1RORWIDEW-AONS I C I NJ Q 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. The property can be considered to be a low risk of fire because the subdivision and buildings within the subdivision would be constructed in accordance with the Uniform Fire Code and have access which meets City standards. All of the buildings have and necessary improvements will be constructed to City standards. The property does not have steep slopes or woody fuels. Hydrants will be required to be placed in compliance with the requirements of the Uniform Fire Code and the approved by the fire chief. The fire access and fire flows will need to be approved by the fire department prior to combustible construction taking place. Flooding: According to FIRM Panel # 1815 dated 9/30/92 lies within approximately 75 feet of the 100 year floodplain along Ashley Creek. This in a non -delineated area of the floodplain however, this property is significantly higher than the floodplain to the west and there appears to be very little chance of flooding. This matter will be further discussed with the State floodplain coordinator and the local floodplain administrator. Access: Access to the site will be from Appleway Drive, a City collector street, from two driveways on the east and west sides of the property into a main parking lot. A fire lane to the south will provide full circulation through the site. Access to the site is good and pose no potential safety hazards. B. Effects on Wildlife and Wildlife Habitat: This property is generally level with a very gentle slope and was used for residential and vehicle storage in the past. There is very little chance that this property provides any type of important wildlife habitat other than perhaps some birds who would be attracted to the wetland / floodplain area to the west C. affects on the Natural Environment: Surface and g-r oundwaten This subdivision will be served by public water and sewer therebv minimizing any potential impacts to the groundwater. Ashley Creek lies to the west and to the south which will not be impacted by this development. Drainage: This site is relatively level and does not pose any unusual challenges to site drainage. Curbs and gutters will be installed within the paprking lot and a stormwater management plan will have to be developed to address the runoff from the site. 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 the stormwater management plan. Using the park / play area as part of the stormwater manage plan may be a viable option, but will be required to be developed in accordance with state and local standards. Water: Water service to the subdivision would be provided by the City of Kalispell and extended from a water main that lies to the north of this subdivision in the Appleway Drive right of way. The water extension would be done solely at the developer's expense. The water main extension will provide water service to the apartments in the subdivision as well as the fire flows needed to meet the requirements of the Uniform Fire Code. 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 and it phases. Sewer: Sewer service will be provided by the City of Kalispell with the extension of existing sewer mains from the north at the developer's expense. The sewer is currently located in the Appleway Drive right-of-way and will be extended to the south within the site. Individual connections will be made to each building. Design and construction of the main will be reviewed and approved by the Kalispell Public Works Department and will be required to be constructed in accordance with the City of Kalispell's Design and Construction Standards. Roads: Traffic projections for this subdivision are estimated to be approximately 364 additional vehicle trips per day based on the estimate of 6.5 vehicle trips per residence per day in the area. All improvements within the site will be constructed to City standards. Appleway is designated as a collector in the Kalispell Transportation Plan and is currently a substandard road because it does not have curb, gutter and sidewalks. The staff would recommend that a note be placed on the face of the final plat that, in lieu of improvements at this time, will waive protest to the creation of a special improvement district to upgrade Appleway Drive at some point in the future. There is adequate capacity in the roads in the area and the impacts from this development would not be beyond that which would be anticipated as a result of continued growth and urban expansion in the area. All of the internal driveways and access within the development will be privately owned and maintained. Schools: This development is within the boundaries of School District 5, Kalispell. The school district superintendent has consistently responded to these new subdivisions by stating that the district has no objections to the subdivision and will accommodate any new students into the district. It can be anticipated that approximately five to seven additional school age children may be generated from this subdivision at full build out. This would have an insignificant impact on the district. Parks and Open Space: The state and local subdivision regulations have parkland / open space requirements for major subdivisions in the amount of 11 percent or one -ninth of the area proposed for the development. With 3.176 acres in the development, the parkland requirement 0.346 acres of land. The park / play area indicated on the plan has 0.389 of an acre. This park area will be developed for recreational purposes and will be privately owned and maintained by the collective owners within the subdivision. A bike and pedestrian trail lies immediately to the south of the play are and provides a nice amenity to the development. The staff would encourage the developer to coordinate with the County Parks and Recreation Department to install a gate to provide direct access to the trail. Police: This subdivision would be in the jurisdiction of the City of Kalispell Police Department. 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, and the subdivision will need to meet the requirements of the Uniform Fire Code. Water mains will need to be designed to provide minimum fire flows and installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A and fire hydrants shall be provided per City specifications at locations approved by the fire department, prior to combustible construction. Fire department access shall be provided in accordance with Uniform Fire Code (1997) Article 9. Although fire risk is low because of good access and fairly level terrain, the fire department is recommending that access to the subdivision and the hydrants be 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 hauler 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 Hospital is close, less than two miles from the site. 1J. Effects on Agriculture and agricultural water user facilities: The site has not been traditionally used for agriculture. The land is efficiently and effectively being used for urban residential development. Its location within the planning jurisdiction and its proximity to urban_ services makes this property prime for the type of development being proposed. There will be no 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 potential utility service area and is anticipated to develop as Commercial. This land use designation anticipates a wide mix of uses with significant impacts to roads in the area. The proposed development is in compliance with the anticipated uses and development of the growth policy. G. Compliance with Zoning: This property has been zoned B-2, General Business, a district intended for a wide variety of uses with fairly intensive impacts. This development will have relatively minor impacts in relation to other uses. The minimum lot size requirement for the B-2 zoning district is 7,000 square feet. The average density within this subdivision is 9,894 square feet per lot which is essentially the common area and lots that total 3.18 acres divided by 14. Compliance with the Subdivision Regulations: The proposed subdivision complies comply with the Kalispell Subdivision Regulations and the applicants are not requesting any variances to the subdivision regulations. t �W Staff recommends that the Kalispell City Planning Board adopt staff report KPP-04-1 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with application submitted, the site plan, covenants, elevation drawings, materials and other specifications as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. Fire hydrants shall be provided per Citv specifications at locations approved by this department prior to combustible construction. All house numbers shall be visible from the driveway entrance and clearly posted on each of the buildings. (Kalispell Subdivision Regulations, Section 3.20). 4. That a letter be obtained from the Kalispell Parks and Recreation Department stating that the a landscape plan has been reviewed and approved for the placement of trees and landscaping materials within the development. (Kalispell Subdivision Regulations, Section 3.11). That the approximately 0. 389 acre area designated on the plat as "park" shall be developed to provide recreational amenities and shall be privately owned an maintained. This park area satisfies the parkiand dedication requirements. (Kalispell Subdivision Regulations. 3.19). 6. The internal road within the parking lot shall be 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. (Kalispell Subdivision Regulations, Section 3.09). 7. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 8. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.O9(L)). 9. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 10. That issues related to the 100 year floodplain that lies to the west be adequately addressed prior to construction in the southwest quadrant of the site. (Kalispell Subdivision Regulations, Section 3.05). 11. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Appleway Drive. 12. That a provision be made for the use and maintenance of common elements within the subdivision by way of a maintenance agreement or within the covenants for the subdivision. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 15. That preliminary plat approval shall be valid for a period of three years from the date of approval with an automatic two-vear extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). REPORTS \ KALIS PELL \ KPP04- l . D OC Thursday, January 29, 2004 Building Department Conference Room ATTENDING: Frank Castles, Asst. City Engineer Jim Stewart, Fire Marshal Narda Wilson, 3CPO Planner Kathy Kuhlin, Recording Secretary Jeff Clawson, Plans Examiner Sandy Wheeler, Comm. Dev. Mgr. P. J. Sorensen, Zoning Administrator, Chair Guests: Michael Blend and Jason Hatten, Blend Construction 601 E Washington — conversion of Meat Supply to salon/catering — The handicapped sidewalk will need to be certified by an engineer. They need to have their time frame clarified. They are working on the drainage issue. A revised site plan needs to be completed. 125 W Washington — and 1st Avenue W. N. -beauty salon (new building) — owned by Michael Blair. This lot is zoned B-3. They will need a green belt with a fence or hedge on the residential side. They should have a three foot landscape buffer along the road side. They need to bring their front entrance sidewalk out to the curb for a handicapped area. This is approved pending the building code check. Planning Board Agenda --- --- Orchard Village — plat/apartment complex south of Appleway — Michael Blend and Jason Hatten — 56 apartments, 14-4 plexes, sub - lots like townhouses, B-2 zoning, they are subdividing the property. This is a major subdivision. They will need to have a 10 foot setback area in the rear. The lots will need to be numbered. Lot sizes need to be corrected on the plans. The Fire Department wants to see the fire access controlled with some sort of gate or pull out bollards. They are also requiring snow removal. The fire hvdrants will need to be located. The sidewalks look nice. A Phase I Environmental Assessment might be important. The units are ADA accessible with 8 units that are fully compliant. A pickup area for handicapped people was discussed. as well as a sheltered pickup area. Landscape areas need to be crass or somethine similar. not rock. Internal work in the common areas (parking, landscaping, etc) should be completed or bonded for prior to the final plat. They will be phasing in the buildings over the next two years. Get occupancy approval as you go based upon the unit being stand-alone if construction were to stop at that point. Sidewalks along the street should be installed. A gate or two to access the bike path is a good idea. This will not be Section 8 housing. Final plat individual units/phases as they are completed. They will need to meet with Public Works for an exemption form. Narda will speak with Karl Christians with the State regarding any flood plain issue. Terrace View Subdivision — on the north side of California. Now proposing four single-family lots. They are withdrawing the PUD, the larger subdivision, and are asking for R-3 zoning. There will be a shared access. Planning Board Work Session — They want to look at sign regulations. They also want to work on the bike and pedestrian walkways. They had some questions regarding the Wastewater Treatment Plant and it was suggested that Jim Hansz go to one of their meetings to discuss the Preliminary Engineering Report with them. Their main concern is regarding infiltration. Residence Owned By The Catbolic Church — They want to change the zoning to commercial, but the neighborhood wants it to remain residential. Discussion was held regarding the neighborhood, parking, location, etc. and the committee agreed it should be kept residential based largely on parking. The meeting was adjourned at 11:00 a.m. cc: Chris Police Bldg Fire 3CPO Parks Comm. Dev. Public Works FCAOA MDOT ORCHARD VILLAGE INTRODUCTION The proposed subdivision is located in S 13, T28, R22, Flathead County, Montana. I. GEOLOGY A. The proposed subdivision is located in a relatively safe geological area. The site is gently sloping with slopes of less than 4%. Soil is primarily Ke (Kalispell Loam). B. No rock outcroppings have been encountered on the site. There are no known conditions that would require immediate measures to prevent or reduce the danger of property damage or personal injury. H. SURFACE WATER A. There are no streams, rivers, intermittent streams, lakes or marshes of any kind on this site. B. There are no artificial water systems on the site. C. The site is not subject to flood hazards and is not identified by FEMA as being in the 100-year floodplane. III. VEGITATION A. The site consists of the partial remains of an apple orchard that has outlived its productive life. Grasses and weeds fill in between the trees. B. Existing trees identified on the Preliminary Plat will be evaluated for their health and appropriateness in the overall landscape design. Many of the trees will be removed to clear the site for the buildings and parking required. It is the intention of the developer to protect and maintain as many of the healthy trees as possible. C. Trees that are identified to be saved will be protected with temporary construction fencing. IV. WILDLIFE A. There are no waterways on the site to support fish or waterfowl. B: The site is in an urban area located between the railroad tracks and Apple Way, which is a fairly highly traveled road. This site is not suitable for big game winter range. There are no known endangered species or wildlife habitat on the site. C. The intent of the subdivision is to create desirable bird habitat by landscaping the property and maintaining as many healthy trees as possible. V. AGRCULTURE AND TIMBER PRODUCTION A. The site is 3.18 acres. The soil is in capability unit He-2. The site was an old apple orchard for an unknown period of time. For many years in the more recent past it was used to store old equipment and machinery. It has not been maintained as an orchard for many years. B. Adjacent property is native grasses and is not used for agriculture. C. There are no adjacent agricultural uses. D. The site is not timbered. VI. HISTORICAL, ARCHAEOLOGICAL OR CULTURAL FEATURES A. There are no known historical, archaeological, or cultural features associated with the land. B. Should any be discovered during construction, work in that area will be suspended until the site can be properly evaluated. VII. SEWAGE TREATMENT A. The estimated average number of gallons of sewage generated per day by the subdivision when fully developed is approximately 11,200 gallons per day B. The 14 lots will be served by the Kalispell city sewage system. C. The existing sewer main is on the south side of Apple Way and is identified on the preliminary plat. D. Provided by the City of Kalispell. VIE. WATER SUPPLY A. The proposed lots will be served by a public water system. 1. The estimated average number of gallons of water required per day by the subdivision when fully developed is 11,760 gallons per day including irrigation. 2. a. The subdivision will be served by the Kalispell public water system. b. The water main is located on the northern side of Apple Way. It has been determined by the Kalispell Fire Dept. that sufficient water capacity is available at the site. c. Provided by the City of Kalispell. 2 IX. SOLID WASTE A. Waste bins will be placed at four screened locations around the site as indicated on the preliminary plat. B. Evergreen Disposal will be contracted with to provide garbage collection for the subdivision. 04 XI 51;:1.:e A. Streets and Roads l . There are no internal streets or roads in the proposed subdivision. 2. There are no internal streets or roads in the proposed subdivision. 3. No stream or drainage crossings are necessary in the subdivision. B. Other Areas 1. Surface runoff will be collected and contained on site. 2. No drainage from this project will be discharged to state waters. 3. This project will not alter any existing water course. 4.. A formal drainage plan will be formulated and submitted prior to final plat approval. K MI A. Traffic generated by the development should be less than 364 trips per day. l . Access to the proposed subdivision will be off Apple Way. Appleway is a paved collector, which is capable of accommodating the additional traffic. 2. The proposed subdivision should not require any additional road maintenance. B. No Drivate roads are beiniz installed. C. N/A D. Access to each lot is provided by the looped parking lot within the proposed subdivision. E. Year-round access to all lots and common areas within the subdivision via conventional automobile will be provided. The property owners will provide snow removal for the parking area within the subdivision. F. No access over private property is planned. XII. EMERGENCY SERVICES A. Emergency services for the subdivision are provided as follows: 1. Fire protection. 3 a. Currently the proposed subdivision is under the jurisdiction of the Kalispell Fire Department. b. N/A c. N/A d. Two fire hydrants are proposed, one located at each side of the subdivision, as indicated on the preliminary plat. As per flow test by the Kalispell Fire Department on 8/28/03 the Fire Marshal has indicated that there is sufficient pressure and flow to serve this subdivision. 2. Police protection will be provided by the Kalispell Police Department. 3. Ambulance service is available from the City of Kalispell or Alert Air Ambulance from Kalispell. 4. Medical Services are available at Kalispell Regional Hospital. B. The subdivision should not require any additional personnel or facilities for emergency services. ._ IMi� Imo.'TwLOU"0 A. Peterson School is the primary school that will serve this subdivision. Linderman is the 7`b grade that will serve this subdivision. Kalispell Junior High and Flathead High School will serve the Jr. High and High School students. B. The estimated number of school age children living in the proposed subdivision when completed is 28. This number of children will not significantly impact the existing schools. XIV. ECONOMIC BENEFITS A. The present assessment classification of the site is commercial and the assessed value is $243,400. B. The new assessment classification will be commercial, and the estimated assessed valuation of all'structures at completion in 2006 is $3,920,000. C. Water system development fees are estimated at $2,156.50 per unit time s 56 units for a total of $120,764. Sewer system development fees are estimated at $82,000. Solid waste fees are not applicable as they are by private contract. Storm water system development fees are not applicable at this time. 4 XV. LAND USE A. The historical use of the site has been for a single-family residence, apple orchard, storage of used equipment and machinery. B. The subject property has recently been zoned B-2 and was recently annexed into the city. The property is not part of any neighborhood plan. C. The adjacent properties are a mix of residential and businesses. The proposed development will not affect access to any adjoining land. D. The proposed development will provide affordable housing to people on the west end of town. This development will provide a positive housing alternative for people who wish to live close to workplaces at the west end of town. This site is right on the "Rails to Trails" bike and walking path, it is close to shopping, theaters, restaurants and jobs. If the new technical support company decides to locate at Gateway West Mall, this will be a prime location for their new employees to live, within walking distance to work. This location is also only 1000 feet from Hwy 2, which makes for quick access to this main route. There are currently a large number of multi -family developments north of 2-mile Drive, but only scattered duplexes and occasional 4-plex's on the west side of Kalispell. E. There are no known health or safety hazards on or near the development. F. There will not be any nuisances created by the subdivision, other than temporary construction activities. XVI. PARKS AND RECREATION FACILITIES A. The development contains an area for a small park with a play area that is central to the community of buildings. The "Rails to Trails" bike path is directly behind the development and access will be provided to the bike path. Flathead County Fairgrounds is approx. 1/3 mile away from the subject site. B. The entire subdivision is 138,355.18 sq. ft. with 16,959.62 sq. ft. of park space, or a little over 12.25% of the total subdivision area. XVII. UTILITIES A. All utilities in the proposed development will be placed underground and provided by: 1. Electricity: Flathead Electric Co-op, Inc. - 2510 Highway 2 East, Kalispell, Montana. 2. Telephone: Centurytel - 290 North Main, Kalispell, ivlontana. B. Copies of the Preliminary Plat will be submitted to the affected utilities for review. C. The utility installation completion date is projected for Fall of 2005. FEB-04-2004 WED 12:14 PM COLDWELL BANKER KALISPEL FAX NO, 40E 751 4801 P, 02 February 2, 2004 To Whom It May Concem In response to a recent inquiry made by the c o"ers of 55 Appleway Drive, Kaiispeil, Mo we, would collectively like to address any concerns regarding possible envirownental contamination to the said ropeny. Those of us who bave laved and worked on the premises and who recently disposed of all the 'als that been collected over the years, have never at anytime WiTesscd any evidence of gas spills, oil spills, or contamination of any sort. Although our recent inspections were limited to C aful observation. of the surface only, we found no spot on the entire property•that gave �s any reason w believe that the soil had ever been harmcd.in any manner. Please feel free to contact any of us at anytime if you have any further questions. Tharik you for your attention in this matw. Sincerely, _fnhn T)e Scott Slack Jaaact Slac3c Dorthey Getz ■ BLEND DESIGN & BUILD REMODELING • NEW CONSTRUCTION Building Hope, Building Dreams January 5, 2004 Kalispell Planning Board Kalispell City Council C/O Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, Mt 59901 Re: Preliminary Plat Application I am submitting this preliminary plat on the property located at 55 Appleway in Kalispell. This is currently a permitted use within the existing B-2 Zoning. The preliminary plat is for fourteen 4-Plex Units that will be individually owned with all parking, ingress/egress and play areas held in common. The project will have 2 entrances onto Appleway; the entrances will staggered from the project across the street that is currently in the planning stag. These 56 Units will qualify for "Section 8" rental. We have reserved space for a park/play area adjoining the existing rails to trails. The 20' fire lane will be constructed with grasscrete or some similar product that will provide a drivable surface that is covered with grass. We will provide access through the fence in 2 locations to rails to trails. The entire project will be landscaped and contoured for storm water collection and dissipation (engineered plan to follow). All of the parking will be paved with concrete sidewalks and screened trash collection areas. The internal sidewalks will be winding to add appeal and to enable us to save as much existing landscaping as possible. The buildings are designed in a "pinwheel" design to create greater visual appeal as well as added privacy for the residents. With the new call center scheduled to move into the old stream building. We believe that this is an ideal location for this type of affordable housing. We anticipate 2 yrs. To total completion. 1069 N. Meridian Road, Kalispell P.O. Box 7505, Kalispell, MT 59904 406.752.5250 Fax 406.752.2668 mblend@centurvtel.net www.blenddesienhui]d.cnm This application shall be submitted, along with all information required by the applicable Subdivision Regulations and the Montana Subdivision and Platting Act, and the appropriate fee to: Tri-City Planning Office, 17 Second St East, Suite 211 Kalispell, Montana 59901 Phone: (406)751-1850 Fax: (406)751-1858 FEE SCHEDULE: Major Subdivision (6 or more lots) $650 + $30/lot Condominiums (6 or more units) $650 + $30/unit Mobile Home Parks & Campgrounds (6 or more spaces) $650 + $30/space Amended Preliminary Plat $200 Subdivision Variance $100 (per variance) Commercial and Industrial Subdivision Add $200 to base preliminary plat fee SUBDIVISION NAME: Orchard Village OWNER(S) OF CORD: Name Orchard Village LLP Phone 406-752-5250 Mailing Address PO Box 7505 City Kalispell State MT Zip 59904 Name &,Address Montana Mapping Association - 115 Valley View Drive - Kalispell Name &, Address Blend Design & Build - PO Box 7505 - Kalispell City/County City of Kalispell Street Address 55 Appieway, Kalispell, Mt 59901 Assessor's Tract No(s) Trani- #19 Lot No(s) N/A 1/4 Sec Nri, Section 1 Township 98D7 Range 22W GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces 14 Total Acreage in Subdivision 3.18 Total Acreage in Lots :89 Minimum Size of Lots or Spaces .06 Total Acreage in Streets or Roads 0 Maximum Size of Lots or Spaces .07 Total Acreage in Parks, Open Spaces and/or Common Areas 2.29 PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family XXX Other ZONINGAPPLICABLE DESIGNATION & DISTRICT Roads: Gravel Paved Curb Gutter x Sidewalks Alleys Other Water System: Individual Multiple User Neighborhood x_Public Other Sewer System: Individual Multiple User Neighborhood x Public Other Other Utilities: xx Cable TV x Telephone x Electric Gas Other Solid waste: Home Pick Up Central Storage x Contract Hauler Owner Haul Mail Delivery: x Central Individual School District: District 5 Fire Protection: x_Hydrants Tanker Recharge Fire District:��}�I Drainage System: PevelePewi44 drainage preyide an engineered en site pan PROPOSED EROSION/SEDIMENTATION CONTROL: developer will landscape entire site VARIANCES: ARE ANY VARIANCES QUESTED? no (yes/no) If yes, please complete the information below: SECTION /REGULATION OF REGULATIONS CREATING HARDSHIP: il.7�XPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE OF REGULATIO r•,LEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED is • 1. Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? 2. Will the variance cause a substantial increase in public costs? 9 ]V 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations or Master Plan? 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? 5. What other conditions are unique to this property that create the need for a variance? 3 The subdivider shall submit a complete application addressing items below to the Tri- City Planning Office at least thirty (30) days prior to the date of the meeting at which it will be heard. 1. Preliminary plat application. 2. 20 copies of the preliminary plat. 3. One reproducible set of supplemental information. (See Appendix A of Subdivision Regulations for the city where the subdivision is proposed.) 4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size. S. Application fee. 6. Adjoining Property Owners List (see example below): Assessor# Sec-Twn-Rn Lot/Tract No Property Owner & Mailing Address I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. (Applicant) As approved by the TCPB, Effective 05/01/03 W (Date) � I � ; i���i7►iy �1► On this 15�tday of , 2004, Genesis Development LLC, being the owner of record as per Deed recorded on July 1 Oth of 2003 do hereby consent to Orchard Village LLP, PO Box 7505, Kalispell, Montana, the right to make any applications to Tri-City Planning & Zoning Office regarding said property located at 55 Appleway in Kalispell as if said company was the owner of record. Any fees relative to this process will be borne entirely by Orchard Village LLP. Signed: Joe 5jik,Managing Member STATE OF MONTANA ss County of Flathead On this _day of , 2004, before me, thdersi ed, a Notary Public for the State of Montana, personally appeared _ � e u known to me to be the person who name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. In witness whereof, I have set my hand and affixed my Notarial Seal the day and year first above written. qotar State of MontanaJJENNIFER M. VOLKERTNotarial SealResiding at: State of [NiontanaMy Commission expires: S