Staff Report/Preliminary PlatREPORT TO:
FROM:
SUBJECT:
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
Kalispell Mayor and City Council
Sean Conrad, Senior Planner
James H. Patrick, City Manager
Preliminary Plat Approval of Sunnyside Place - 1125 Sunnyside
Drive
MEETING DATE: March 15, 2006
BACKGROUND: This is a preliminary plat request for a five lot minor subdivision on
an existing residential lot located at 1125 Sunnyside Drive in Kalispell. The site is
2.07 acres in size and contains an existing single family residence, garage and a barn.
The property is zoned R-2, Single Family Residential, and lies at the northwest corner
of the intersection of Sunnyside Drive and Ashley Drive. The five lots would range in
size from 13,540 square feet to 27,080 square feet. The owners will be required to
extend water and sewer main lines to serve the proposed lots as well as upgrade a
portion of Ashley Drive to City standards.
RECOMMENDATION: A motion to approve the preliminary plat with the 14
conditions attached in staff report KSR-06-2 would be in order.
FISCAL EFFECTS: Positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully b tted,
Sean Conrad es H. Patrick
Senior Planner ity Manager
Report compiled: March 15, 2006
Attachments: Staff Report KSR-06-2 and application materials
c: Theresa White, Kalispell City Clerk
DMK Development, 1125 Sunnyside Drive, Kalispell, MT 59901
Jackola Engineering, P.O. Box 1134, Kalispell, MT 59903-1134
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11 i. , 1 l i 6,inTSj_PE
PARK LOCATED IN SECTIONRANGE
FLATHEAD COUNTY,i
WHEREAS, Donald and Mary Kruse, the owners of the certain real property described above,
have petitioned for approval of the Subdivision Plat of said property, and
WHEREAS, the proposed subdivision plat of said property is subject to the provisions of section
2.05 (Preliminary Plat Process -Minor Subdivision), Subdivision Regulations of the
City of Kalispell, and
WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made
a report (#KSR-06-2) to the City Council of the City of Kalispell, said report
considering the criteria set forth in Section 76-3-608 MCA, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of March 20,
2006, reviewed the Kalispell Planning Department Report #KSR-06-2, 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
#KSR-06-2 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Donald and Mary Kruse for approval of the
Preliminary Plat of Sunnyside Place, Kalispell, Flathead County, Montana is
hereby approved subject to the following conditions:
That the final plat for the subdivision shall be in substantial compliance with the approved
preliminary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat)
2. 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 by an engineer licensed in the state of Montana.
All work shall be reviewed and approved by the Kalispell Public Works Department prior to
construction. This infrastructure shall include water and sewer main extensions to serve the
subdivision and improvements to Ashley Drive as follows:
® Curb, gutter, boulevard and sidewalk shall be installed along Ashley Drive as it abuts
the subdivision.
® A pedestrian ramp and crosswalk shall be installed to provide access across Sunnyside
Drive and Ashley Drive.
® Redesign of Ashley Drive to accommodate a horizontal alignment with a design speed
of 30 mph. (Kalispell Design and Construction Standards)
3. A letter from the Kalispell Public Works Department stating that the new infrastructure has
been accepted by the City of Kalispell. (Kalispell Design and Construction Standards)
4. The required boulevard along Ashley Drive shall be a minimum of 5 feet wide and landscaped
in accordance with the Kalispell Street Tree Ordinance and a plan approved by the Kalispell
Parks and Recreation Department. (Kalispell Design and Construction Standards)
5. The owner shall dedicate to the city an additional 10 feet of right-of-way along the
subdivision's frontage on Sunnyside Drive. The owner shall also dedicate 10 feet of right-of-
way along the subdivision's frontage on Ashley Drive in addition to providing adequate right-
of-way in order to accommodate the redesigned horizontal alignment of Ashley Drive.
(Kalispell Subdivision Regulations Section 3.09, Table 1).
6. Vehicular access from Lot 5 to Sunnyside Drive shall not be permitted. This statement shall be
included on the final plat. (Findings of Fact, Section A)
7. That a note shall be placed on the face of the final plat stating that all lots within the
subdivision shall waive their right to protest the creation of a special improvement district for
the future upgrade of Sunnyside Drive. (Kalispell Subdivision Regulations Section 3.09, (J))
8. The existing fencing within the new right-of-way boundary shown on the preliminary plat shall
be removed or relocated outside of the newly dedicated right-of-way. (Findings of Fact,
Section D)
9. The existing garage and barn shall be removed or located on the same lot as the existing house.
(Kalispell Zoning Ordinance, Section 27.22.020(3)(g))
10. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service and when a facility or improvement is required, said improvements shall be installed or
bonded for. These improvements shall also be included in the plans to be reviewed by the
Public Works Department. (Kalispell Subdivision Regulations, Section 3.22).
11. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
12. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development. Erosion control measures must be in place during
construction and remain in place until the site is stabilized.
13. The fire hydrant shown on the preliminary plat located between lots 3 and 4 shall be relocated
to the northwest corner of Sunnyside Drive and Ashley Drive. A letter from the Kalispell Fire
Department approving of the hydrant locations shall be included with the final plat. (Findings
of Fact, Section A)
14. That preliminary plat approval shall be valid for a period of three years from the date of City
Council approval. (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 20TH DAY OF MARCH, 2006.
Pamela B. Kennedy
Mayor
Theresa White
City Clerk
DEVELOPMENT
SUNNYSIDE
SUBDIVISION REPORT1 •
2006MARCH 14,
A report to the Kalispell City Council regarding a request for preliminary plat approval
for a five lot residential subdivision.
BACKGROUND INFORMATION: This is a preliminary plat request for a five lot minor
subdivision on an existing residential lot located at 1125 Sunnyside Drive in Kalispell.
The site contains an existing single family residence, garage and a barn. The property
is zoned R-2, Single Family Residential, and lies at the northwest corner of the
intersection of Sunnyside Drive and Ashley Drive.
A. Owner: Donald & Mary Kruse
DMK Development
1125 Sunnyside Dr
Kalispell, MT 59901
(406) 250-1806
B. TechnicalAssistance: Jackola Engineering
P.O. Box 1134
Kalispell, MT 59903
(406) 755-3208
C. Nature of the Request: This is a request for a five lot residential subdivision.
The existing lot is 2.07 acres in size. The five lots would range in size from
13,540 square feet to 27,080 square feet.
D. Location and size of Property: The address of the property is 1125 Sunnyside
Drive and the site lies at the northwest corner of the intersection of Sunnyside
Drive and Ashley Drive. The property contains approximately 2.07 acres. It has
314 feet of frontage along Sunnyside Drive and 581 feet of frontage along Ashley
Drive. The property can be described as lot 6 of Sunnyside Park, located in
Section 18, Township 28 North; Range 21 West, P.M.M., Flathead County,
Montana
E. Existing land use and zoning: The property currently has a single family
residence that will be retained on proposed Lot 2. A garage and barn are also
located on the property in the area of proposed Lot 1.
F. Adjacent Land Uses and Zoning: This property is located in an urbanizing area
of the city with smaller single family and townhouse lots to the south and larger
single family residential lots to the north, south, east and west.
11
North: Single-family homes; County R-1 zoning
East: Single-family homes; County R-1 zoning and City R-4 zoning
South: Single-family homes/townhouses; County R-1 and City R-4
zoning.
West: Single-family homes; County R-1 zoning
G. Proposed Availability of Utilities/Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
City of Kalispell
Electric:
Flathead Electric Cooperative
Phone:
CenturyTel
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Natural Gas:
Northwest Energy
Cable:
Bresnan Communications
Schools:
School District #5, Kalispell
r 0 1 •
This application is reviewed as a minor subdivision in accordance with statutory
criteria and the Kalispell City Subdivision Regulations.
A. Effects. on Health and Safety:
Fire: This subdivision is in the service area of the Kalispell Fire Department.
The property can be considered to be at low risk of fire because the subdivision
and homes within the subdivision would be constructed in accordance with the
Uniform Fire Code and have access which meets City standards. The
preliminary plat indicates a new 8-inch water main will be extended from the
intersection of Sunnyside Drive and Ashley Drive north along the western and
southern road right-of-way boundaries of Ashley Drive. This will allow the
placement of two new hydrants along Ashley Drive to serve the subdivision.
Upon reviewing the preliminary plat the Fire Department has recommended
moving the proposed hydrant between lots 3 and 4 south to the intersection of
Sunnyside Drive and Ashley Drive. This would allow the Fire Department to
defend the existing house on proposed lot 2 as well as future structures on
proposed lots 3, 4 and 5. A hydrant at this location will also allow the Fire
Department to address structural fires within the proposed subdivision without
having to connect to an existing hydrant on the south side of Sunnyside Drive,
thereby closing off the road.
Flooding: The property is located outside of the 100 year floodplain pursuant
to the Flood Insurance Rate Map (FIRM) Community Panel Number
3000231815D, revised September 30, 1992.
E
Access: Access to proposed Lot 2 would be from the existing driveway off of
Sunnyside Drive. The remaining proposed lots would be accessed from Ashley
Drive. In reviewing the preliminary plat, the Public Works Department
recommended that proposed lot 5 be accessed off of Ashley Drive only because
horizontal alignment of Sunnyside Drive limits the sight distance to the west
from the intersection with Ashley Drive.
E. Effects on Wildlife and Wildlife Habitat: The site is not mapped within any
big game winter range and does not provide significant habitat to wildlife and
does not host any significant or endangered wildlife.
Surface and groundwater: This subdivision will be served by public water and
sewer thereby minimizing any potential impacts to the groundwater. The
closest surface water is Ashley Creek which lies approximately 400 feet to the
east of the property. No impacts are anticipated by the development of this
property.
Drainage: This property in general is level and does not pose any challenging
development constraints. The stormwater generated from the site will be
required to be maintained on site since there is no City storm drain system in
the immediate area. Stormwater management will be reviewed upon further
development of each of the proposed lots through the site plan review process.
D. Effects on Local Services:
Water: Water service to the subdivision would be provided by the City of
Kalispell and taken from a water main which will be extended along the
frontage of the property in the Ashley Drive right-of-way. There is adequate
capacity within the City's water system to accommodate this development.
Individual hook ups and meters will be required for each lot.
Sewer: Sewer service will be provided by the City of Kalispell. An 8-inch sewer
line is shown on the preliminary plat being extended from the Sunmyside Drive
and Ashley Drive intersection north along the Ashley Drive right-of-way. There
is adequate capacity within the sewage treatment plan to accommodate this
development.
Roads: Sunnyside Drive and Ashley Drive are paved roadways approximately
22 feet wide and are both constructed within a 40-foot road right-of-way. The
Kalispell subdivision regulations require local roads to have a minimum road
right-of-way width of 60 feet. In order to bring the road right-of-way widths
closer to compliance with the subdivision regulations the owners are dedicating
10 feet of right-of-way along the property's frontage along Sunnyside Drive and
Ashley Drive. By providing the additional road right-of-way an existing fence
will be located within the new road right-of-way boundaries. Therefore, the
Public Works Department has recommended that the existing fencing within
�c3
the new right-of-way boundary be removed or relocated outside of the right-of-
way. This right-of-way dedication is shown on the preliminary plat as well as
the location of the existing fence.
Upon reviewing the proposed subdivision the Public Works Department noted
the following issues:
® Sunnyside Drive and Ashley Drive do not currently meet the Standards for
Design and Construction for a city street.
® All of the proposed lots lack pedestrian access.
In order to mitigate these issues the Department has recommended the
following conditions:
® The owner shall dedicate additional right-of-way so that Ashley Drive shall
be redesigned to accommodate a horizontal alignment with a design speed
of 30 mph. (Kalispell Standards for Design and Construction Section II-9)
® Curb, gutter, boulevard and sidewalk shall be installed along Ashley Drive
as it abuts the subdivision. A pedestrian ramp and crosswalk shall be
installed to provide access across Sunnyside Drive. (Kalispell Standards for
Design and Construction)
® All lots within the subdivision shall waive their right to protest a Special
Improvement District (SID) for Sunnyside Drive.
The Kalispell Growth Policy, Chapter 3 Land Use: Housing, Policy 10 discusses
urban residential development regarding densities, housing types and
infrastructure. Item d states that urban and high density residential areas
should be fully served by urban infrastructure and municipal services,
including paved streets, curbs, sidewalks, landscaped boulevards and public
water and sewer. With the proposed mitigation measures in place, the portion
of Ashley Drive fronting the lots would be brought into compliance with the
City's design and construction for streets as well as comply with Policy 10 of
Chapter 3 of the Kalispell Growth Policy.
Although Sunnyside Drive does not currently meet the City of Kalispell's design
and construction standards for streets the Public Works Department has not
recommended Sunnyside Drive, along the subdivision's frontage, be brought up
to City standards at this time. Instead, the Department is recommending a
condition be placed on the final plat requiring all lots within the subdivision to
waive their right to protest the creation of a future Special Improvement District
(SID) for Sunnyside Drive.
Schools: This development is within the boundaries of the Kalispell School
District #5. The school district could anticipate that an additional two school
aged children might be generated into the district at full build out. This
number is used because it takes into account pre-school aged children, home
school education options and private school education options. Not all of the
children who live in the subdivision will be attending public schools. The
0
additional children possibly entering the school district would not have a
significant impact on the district.
Parks and Open Space: Section 3.19.13 of the Kalispell Subdivision Regulations
exempts minor subdivisions from the parkland / open space requirement.
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. Fire risk is low because of good access and fairly level terrain and
the urban environment. In addition, the owner will be installing two hydrants
along Ashley Drive in order to provide improved fire suppression for the
subdivision and area in general.
Solid Waste: Solid waste will be handled by a private contractor as the
property was recently annexed. There is sufficient capacity within the landfill
to accommodate the 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
not been traditionally used for agricultural purposes and is well suited for
urban residential development. Its location within the planning jurisdiction
and its proximity to urban services makes this property appropriate 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. Compliance with the Kalispell Growth Policy: This property was recently
annexed into the City of Kalispell and therefore the subdivision must be
consistent with the Kalispell Growth Policy. The future land use map for the
property indicates the property was anticipated to be developed as Urban
Residential. Areas designated as Urban Residential are anticipated 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 three to 12
dwelling units per acre. The proposal would be built at a density of slightly
higher than 2 units per acre. With the extension of water and sewer lines to
serve the proposed subdivision and partial upgrading of the adjoining streets,
this subdivision is in compliance with the Kalispell Growth Policy and its goals
and policies.
G. Compliance with Zoning: The property is zoned R-2, Single Family
Residential, which is intended to provide adequate lot areas for urban
residential development. The minimum lot size requirement is 9,600 square
feet and a minimum lot width of 70 feet. The proposed lots within the
subdivision comply with the zoning for the site.
The 2.07 acre lot currently has a house, garage and barn located on the
western half of the property. The preliminary plat indicates that the house
would be located on proposed lot 2 with the garage and barn to be located on
proposed lot 1. Section 27.22.020(3)(g) of the Kalispell Zoning Ordinance
states that no accessory structure or use shall be constructed or established on
any lot prior to the time of the substantial completion of the construction of the
principal structure to which it is accessory. If the subdivision is approved,
allowing the garage and barn to remain on proposed lot 1 would be in violation
of Section 27.22.020(3)(g) as both are considered accessory structures to a
single family residence. A note on the preliminary plat indicates that the
owners will either move or remove the existing barn. However, in order to fully
comply with the zoning ordinance the garage and barn will need to be removed
or located on the same lot as the existing house.
Compliance with the Kalispell Subdivision Regulations: This subdivision complies
with the State and local subdivision regulations and no variances are being requested.
Staff recommends that the Kalispell City Council adopt staff report #KSR-06-2 as
findings of fact and approve the preliminary plat subject to the following conditions:
1. That the fmal plat for the subdivision shall be in substantial compliance with the
approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C - Final
Plat)
2. 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 by an
engineer licensed in the state of Montana. All work shall be reviewed and
approved by the Kalispell Public Works Department prior to construction. This
infrastructure shall include water and sewer main extensions to serve the
subdivision and improvements to Ashley Drive as follows:
• Curb, gutter, boulevard and sidewalk shall be installed along Ashley Drive as
it abuts the subdivision.
• A pedestrian ramp and crosswalk shall be installed to provide access across
Sunnyside Drive and Ashley Drive.
• Redesign of Ashley Drive to accommodate a horizontal alignment with a
n
design speed of 30 mph. (Kalispell Design and Construction Standards)
3. A letter from the Kalispell Public Works Department stating that the new
infrastructure has been accepted by the City of Kalispell. (Kalispell Design and
Construction Standards)
4. The required boulevard along Ashley Drive shall be a minimum of 5 feet wide and
landscaped in accordance with the Kalispell Street Tree Ordinance and a plan
approved by the Kalispell Parks and Recreation Department. (Kalispell Design
and Construction Standards)
5. The owner shall dedicate to the city an additional 10 feet of right-of-way along the
subdivision's frontage on Sunnyside Drive. The owner shall also dedicate 10 feet
of right-of-way along the subdivision's frontage on Ashley Drive in addition to
providing adequate right-of-way in order to accommodate the redesigned
horizontal alignment of Ashley Drive. (Kalispell Subdivision Regulations Section
3.09, Table 1).
6. Vehicular access from Lot 5 to Sunnyside Drive shall not be permitted. This
statement shall be included on the final plat. (Findings of Fact, Section A)
7. That a note shall be placed on the face of the final plat stating that all lots within
the subdivision shall waive their right to protest the creation of a special
improvement district for the future upgrade of Sunnyside Drive. (Kalispell
Subdivision Regulations Section 3.09, (J))
8. The existing fencing within the new right-of-way boundary shown on the
preliminary plat shall be removed or relocated outside of the newly dedicated
right-of-way. (Findings of Fact, Section D)
9. The existing garage and barn shall be removed or located on the same lot as the
existing house.. (Kalispell Zoning Ordinance, Section 27.22.020(3)(g))
10. The developer shall provide a letter from the U.S. Postal Service approving the
plan for mail service and when a facility or improvement is required, said
improvements shall be installed or bonded for. These improvements shall also
be included in the plans to be reviewed by the Public Works Department.
(Kalispell Subdivision Regulations, Section 3.22).
11. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17).
12. All areas disturbed during development of the subdivision shall be re -vegetated
with a weed -free mix immediately after development. Erosion control measures
must be in place during construction and remain in place until the site is
stabilized.
7
13. The fire hydrant shown on the preliminary plat located between lots 3 and 4 shall
be relocated to the northwest corner of Sunnyside Drive and Ashley Drive. A
letter from the Kalispell Fire Department approving of the hydrant locations shall
be included with the final plat. (Findings of Fact, Section A)
14. That preliminary plat approval shall be valid for a period of three years from the
date of city council approval. (Kalispell Subdivision Regulations, Section 2.04).
H:\FRDO\Reports\KSR\2006\Ksr06-2 DMK Development.doc
SC
12
City of Kalispell
Planning Department
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
MINOR SUBDIVISION PRELIMINARY PLAT APPLICATION
FEE SCHEDULE:
Minor Subdivision... (5 or fewer lots)
Mobile Home Parks & Campgrounds
(5 or fewer spaces - land is not subdivided)
Amended Preliminary Plat
Amendment to Conditions Only
Re -configured Proposed Lots
Add Additional Lots or Sublots
Subdivision Variance
Commercial Subdivisions
SUBDIVISION NAME: SUNNYSIDE PLACE
OWNER (S) OF RECORD:
FEE ATTACHED: $850.00
$350 + 100/lot
$350 + 100/space
$350 base fee
Base fee plus $40/lot
Base fee plus $100 / lot
$100 (per variance)
Add $200 to base
Preliminary plat fee
Name D.M.K. Development Phone 250-1806
Mailing Address 1125 Sunnyside Drive
City Kalispell State Montana Zip 59901
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc.):
Name 8s Address Jackola Engineering P.O. Box 1134, Kal., Mt. 59903
Name & Address
Name 8s Address
LEGAL DESCRIPTION OF PROPERTY:
City/ County Kalispell
Street Address 1125 Sunnyside Drive
Assessor's Tract No. (s) 610550 Lot No(s) _ 6, Sunnyside Park
1/4 Sec SW Section 18 Township 28N Range 21W
GENERAL DESCRIPTION OF SUBDIVISION:
Number of Lots or Rental Spaces 5 Total Acreage in Subdivision 2.071 Acres
Total Acreage in Lots 81,240 S.F. Minimum Size of Lots or Spaces 13,540 S.F.
Total Acreage in Streets or Roads _8,961 S.F. Maximum Size of Lots or Spaces 28,900 S.F.
Total Acreage in Parks, Open Spaces and/or Common Areas N/A/
1
PROPOSED USES, AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family 5 Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other
• �T� -j • . • : • • •
Roads:Gravel Paved
X Curb Gutter
Sidewalks
Alleys Other
Water System: Individual
Multiple User
Neighborhood
Public X-Other
Sewer System: Individual
Multiple User
Neighborhood
Public X Other
Other Utilities: Cable TV
X Telephone
X Electric
_X Gas X Other
Solid Waste: Home Pick Up
X Central Storage
Contract Hauler Owner Haul
Mail Delivery: Central
Individual X School District:
School District 5
Fire Protection: Hydrants
X Tanker Recharge
Fire District:
City of Kalispell
Drainage System:
PROPOSED EROSION/SEDIMENTATION CONTROL:
Erosion Control Fencing with Hay Hales
VARIANCES: ARE ANY VARIANCES QUESTED? No (yes/no) If yes,
please complete the information below:
WOULDEXPLAIN THE HARDSHIP THAT , WITH STRICT COMPLIANCE
TF REGULATIONS:
PROPOSED TO STRICT COMPLIANCESABOVE
�REGULATIONS:
Fa
• • • •'' ' • i •�`:''
1. Will the granting of the variance be detrimental to the public health, safety or
general welfare or injurious to other adjoining properties?
2. Will the variance cause a substantial increase in public costs?
3. Will the variance affect, in any manner, the provisions of any adopted zoning
regulations 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?
The subdivider shall submit a complete application addressing items below to the
Kalispell Planning Department at least thirty five (35) calendar days prior to the date
of the Kalispell City Council meeting at which it will be considered, unless other
arrangements have been made with the planning staff.
Submittals shall include:
1. Preliminary plat application.
2. 5 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.
5. Application fee
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be untrue, I understand that any
approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be
present on the property for routine and inspection during the approval and
n development process.
r
( ate)
21
1125 .- Drive
xalispell, Montana '0'
DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS
OF
SUNNYSIDE PLACE
THIS DECLARATION is made this day of ,
2006, by D.M.K. Development, 1125 Sunnyside Drive,
Kalispell, Montana, 59901, hereinafter referred to as the
Declarant.
RECITALS
1. The Declarant has filed a plat of certain lands in
City of Kalispell, Flathead County, Montana, known
as SUNNYSIDE PLACE, which the Clerk and Recorder .of
said County, on the day of ,
2006, as Document Number in File
Case in Plats, as Abstract Number
2. The Declarant is the owner of all the lots in said
SUNNYSIDE PLACE and is desirous of subjecting said real
property to the conditions, covenants and restrictions
hereinafter set forth, each and all of which are for
the benefit of said property and for each owner and
contract purchaser thereof, which shall insure to the
benefit of and pass with said property and each and
every parcel thereof and shall apply to and bind the
successors in interest of any owner or contract
purchaser thereof;
NOW, ,THEREFORE, the Declarant, having established a
general plan for the improvement and development of said
property, does hereby establish the conditions, covenants
and restrictions upon which and subject to which all the
property and any portions thereof shall be improved or sold
and conveyed by them as owners and hereby declare that said
property is and shall be held, transferred, sold and
conveyed subject to the conditions,. covenants and
restrictions hereinafter set forth which are to run with the
land and shall be binding upon all successors in interest of
the Declarant and the present owners.
�9 •
Section 1: "Association" shall mean and refer to the
Sunnyside Place Homeowner's Association, which shall be an
association with each lot having one member on the Board of
Directors, its successors and assigns
Section 2: "Properties" shall mean and refer to that
certain property described herein as Sunnyside Place.
"Properties shall also mean and refer to any addition of
real properties as may hereafter be brought within the
jurisdiction of the Association, except that such reference
shall in no way subject such additions to the. Protective
Covenants hereinafter set forth.
Section 3: "Lot" shall mean and refer to any plot of
land shown upon any recorded subdivision map of the
properties.
Section 4: "Member" shall mean and refer to every
person or entity who is a member of the Association.
Section 5: "Owner" shall mean and refer to every
person or entity who is a record owner of a fee, or
undivided fee, interest in any lot which is subject by
covenants of record to assessment by. the Association.
Record owners who have sold any lot under a Contract for
Deed shall be considered the owner for all purposes herein.
Persons or entities having an interest in ay lot merely as
security for the performance of an obligation are hereby
excluded.
Section 6: "Declarant" shall mean and refer to D.M.K.
Development.
ARTICLE II
PROTECTIVE COVENANTS
The real property described above is subjected to these
conditions, covenants and restrictions hereby declared to
insure the best use and the most appropriate development and
improvement of each lot created; to protect the owners and
contract purchasers of tracts of land against such improper
use of surrounding building lots as will depreciate the
value of their property; to preserve so far as is
practicable the natural beauty of said property; to guard
against the construction of buildings of improper or
unsuitable material; to insure the highest and best
development of said property; to encourage and secure the
construction of attractive buildings and to provide for high
quality improvements on said property and thereby to enhance
the values of improvements made by purchasers of lots.
Section 1: Interference With Easements. Easements for
installation and maintenance of utilities and drainage
facilities are reserved over, under, and across affected
lots and granted to the present and future owners of lots
benefited as such easements are shown on the recorded plat
of Serenity Lane Addition and for the use and benefit of any
lot owners of any other property annexed as provided shall
be placed underground. Any lot owner who shall place any
building, improvement, shrub, hedge or tree on any easement
shall be required, without notice, at the request of any
other affected lot owner or utility company to remove such
structure, improvement or vegetation if such removal shall
facilitate installation, repair or maintenance of utilities
within said easement area.
Section 2: Land Use And Building Type. No structure
shall be erected, altered, placed or permitted to remain on
any portion of any lot other than those in conformance with
the underlying zoning district. No garage shall be larger
than is convenient and necessary for the storage of three(3)
automobiles, boats or pickup trucks. Such other buildings
as may be incidental to. residential use of the property are
permitted, but in no case shall there be constructed or
maintained any garage or storage facility larger than is
necessary to accommodate a conventional pickup truck and
camper or boat and trailer in excess of twelve (12) feet in
height other than the existing structure.
No trade, craft, business, profession, commercial or
manufacturing activity at any time shall be carried on or
conducted from any of the residences. However, those arts,
crafts or professions conducted solely by family members
conducted entirely within residential structures shall be
permissible as shall be instructional or child care
activities such as music lessons, day care and nursery
activities for no more than five (5) children. No traffic
shall be generated by such home activities in greater volume
than would normally be expected in a residential
neighborhood. No equipment or process shall be used which
creates visual or audible interference with any radio,
television or telephone receivers off the premises or which
cause fluctuation in electrical line voltage off the
premises. No satellite television or radio receiver or
antenna exceeding four (4) feet in diameter shall be allowed
on any lot unless it is screened from view.
Section 3: Building Site. Dwellings shall be located
in conformance with the setbacks set forth by the underlying
zoning district.
Section 4: Building Standards. The following
construction standards shall be followed for all buildings
placed on the lots:
(a) All construction once begun shall be completed as
to exterior finish within one (1) year after start
of construction.
(b) No structure of any kind of what is commonly known
as "boxed" or "sheet metal" construction shall be
built or moved onto any lot.
(c) No structure commonly described as "mobile home"
or "trailer" shall be placed or remain. on any lot
for any purpose except that recreational vehicles
and travel trailers may be kept and used subject,
however, refer to Section 7 of this Article.
(d) No structure commonly described as "A -frame" shall
be permitted on any lot.
(e) Each structure once constructed on a lot shall be
kept in the same condition as at the time of its
initial construction, excepting only normal wear
and tear. All structures shall be preserved and
of pleasant appearance by maintaining paint, stain
or sealer as needed. If any structure is damaged
in any way, the owner shall, with due diligence,
rebuild, repair and restore the structure to its
appearance and condition prior to the casualty.
Reconstruction shall be completed within one (1)
year of the casualty.
Section 5: Seeding, and Weed Control. Wild weeds and
grass shall be mowed on a regular basis to prevent them from
reaching seed stage. Whenever a structure is reconstructed
on any lot.
Section 6: Pets. All animals permitted by this
section shall be contained within the boundaries of their
ownerps lot.
Section 7: Recreational Vehicles. Mobile homes,
trucks not exceeding one -ton capacity, RV camper trailers,
or boats shall be allowed to park on any lot within the
boundaries of their lot. Commercial or construction
equipment may be stored on a lot site or street only during
periods of construction.
Section 8: Lot Appearance. No part of any lot shall
be used to store or place rubbish, trash, garbage, junk cars
or other unsightly objects.
Section 9: Setback lines. No building shall be located
on any lot that violates zoning setbacks.
Section 10: Exterior Maintenance. Each lot owner
shall provide for exterior maintenance of their structures
including painting, staining, sealing and repairs. Each lot
owner shall avoid accumulation of refuse, unsightly object
or other material prohibited by these covenants.
Section
system shall
Section 12: Garbage. All garbage cans used in
connection with any dwelling shall be deposited in
containers provided by the City of Kalispell or other
disposal companies.
Section 13: Nuisances. No noxious or offensive
activity shall be carried on or permitted upon any of the
lots, .nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhood; nor
shall a lot be used in any way or for any purpose which may
endanger the health or safety of or unreasonably disturb the
residents of any lot. Outdoor barbecues are not considered
nuisances under this section.
Section 14: Boundary Control Monuments. The Declarant
has caused survey monuments to be placed on the corners of
each lot. It shall be the responsibility of the owner of
each lot to immediately provide for professional replacement
of any survey monument that are removed, lost or obliterated
from his lot.
Section 1: Every person or entity who is a record
owner of a feeor undivided fee interest in any lot which is
subject by covenants of record to assessment by the
Association in Sunnyside Place shall be a member of the
Association; excepting, however, any person or entity who
has sold or is selling any such lot under Contract For Deed
shall not qualify 'as member of the Association. Every
person or entity purchasing any such lot under a Contract
For Deed shall be a member of the Association.
The forgoing is not intended to include persons or
entities who hold an interest merely as security for the
performance of an obligation. Membership shall be
appurtenant to and may not be separated from ownership of
the lot which is subject to assessment by the Association.
Ownership of such lot shall be the sole qualification for
membership.
A-
,.
Section 1: The Declarant or any lot owner shall have
the right to enforce by any proceeding at law or in equity
all restrictions, conditions, covenants and amendments now
or hereafter imposed pursuant to the provisions of this
Declaration. The failure of the Declarant, the
Architectural Control Committee or any owner to enforce any
covenant or restriction herein contained shall not be deemed
to be a waiver of the right to do so thereafter. The de-
clarant shall not have the duty to take any affirmative
action to enforce any restrictive covenants nor shall it be
subject to any liability for its failure to so act.
Section 2: The Board of Directors may notify any owner
violating any restrictive covenant specifying the failure
and demanding that it be remedied within a period of thirty
(30) days. If the owner fails or refuses to remedy the
violation, the Association, at the lot owner's expense,
shall correct the deficiencies set forth in the notice. If
the lot owner fails to reimburse the committee thirty (30)
days after mailing a statement for correcting the
deficiencies, the Association may institute a civil action
to collect such sum of money together with court costs and
Association ory its agent for purposes of enforcing these
covenants, shall be deemed a civil or criminal trespass.
Section 3: Attorney's fees. If any person entitled to
do so shall commence legal proceedings in court to enforce
any provisions of this agreement, the prevailing party in
such action shall be entitled to recover from the other
party reasonable attorney's fees and costs of said action.
Section 4: Severability. Invalidation of any one of
these covenants or restrictions by judgment or court order
shall in no way affect the remaining provisions which shall
remain in force and effect.
INWITNESS WHEREOF, the undersigned, being the Declarant
herein, has hereunto caused this instrument to be executed
the day and year first above written.
D.M.K. Development
By
STATE OF MONTANA )
SS
County of Flathead )
On this day of , 2006, before me,
the undersigned Notary Public for the State of Montana,
personally appeared , and known
to me to be a partner of D.M.K. Development and whose name
is subscribed to the within instrument and acknowledged to
me that executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my Notarial Seal the day and year in this
certificate last above written.
James H. Burton
Notary Public for the State of, Montana
Residing at Kalispell, Montana
My Commission Expires 6/18/2007
City of Kalispell
Planning Department
17 - 2' Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
• ' � ! *IM-
TO: Kalispell City Staff
Other Interested Parties
FROM: Sean Conrad, Senior Planner
RE: March 9th Site Review Committee meeting
DATE: March 6, 2006
The proposed subdivision will go before the Site Development Review Committee in the
Kalispell Building Department on March 9th and is tentatively scheduled for the March 16th Site
Development Review Committee should the Committee need more time in reviewing the
proposed subdivision.
A request by D.M.K. Development to subdivide a 2.07 acre lot into Sunnyside Place,
with 5 lots ranging in size from 13,540 square feet to 28,900 square feet. The site is
located at 1125 Sunnyside Drive and is legally described as Lot 6 of Sunnyside Park
Subdivision located in Section 18, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana. The property is currently in the County zoning jurisdiction
and is zoned R-1, Suburban Residential. At the March 6th City Council meeting the
Council approved the first reading of an annexation request for the 2.07 acre lot and
rezoning from County R 1 to City R-2, Single Family Residential.
The attached subdivision proposal was submitted by Tim Birk. No formal subdivision
application has been submitted and the Planning Department is treating this as a pre -
application in order to provide comments to Mr. Birk on his proposal.
The proposed subdivision includes 66 lots on three lots totaling approximately 20 acres.
There are four homes currently on the 20 acre project site with the following addresses;
648 Scenic Drive, 652 Scenic Drive, 109 Reserve Drive and 111 Reserve Drive. The
homes are served by Evergreen water and sewer at this time. As the attached vicinity
map indicates, the surrounding area includes lots ranging from 1 acre to 15 acres in
size. The density proposed for this subdivision would be two to three times the average
density of the immediate area.
If you need additional information regarding these projects please call me. Sunnyside Place
subdivision has been tentatively scheduled for the March 20th City Council meeting. Any
comments on the subdivision should be in to the Planning Department by March 14th. Thank
you for taking the time to review and comment.
c: w/attachments: F. Ray Rufatto, Fire Dept.
Mike Baker, Parks and Rec
James Patrick, City Manager
P.J. Sorenson, Zoning Administrator
Roger Krauss, Police Dept.
Frank Castles, City Engineer
Jim Hansz, Public Works Director
Mark Crowley, Construction Manager
Sandy Wheeler, Community Redevelopment
Susan Moyer, Community Development Director
Craig Kerzman, Chief Building Inspector
Charles Harball, City Attorney
MDOT, Local
MDOT, Land Planning Division Helena
School District No. 5
c: w/o attachments: Applicants
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
To: Sean Conrad
From: Mark Crowley, Construction Manager
e.-t-
Date: March 9, 2006
Re: Preliminary Plat of Sunnyside Place
Dear Sean;
Thank you for the opportunity to review the plans for the above -mentioned subdivision. In
reviewing the plans for the site, I noticed a few situations that should be addressed at this
time:
➢ This street does not currently meet the Standards for Design and Construction of a
city street.
➢ All of the proposed lots lack pedestrian access.
➢ The horizontal alignment of Sunnyside Drive limits the sight distance to the west
from this intersection with Ashley Drive.
I have a few draft conditions of approval to add that would serve to mitigate the above
issues:
➢ The applicant shall dedicate additional right-of-way so that Ashley Drive shall be
redesigned to accommodate a horizontal alignment with a design speed of 30 mph.
(Kalispell Standards for Design and Construction II-9).
➢ Curb, gutter, boulevard and sidewalk shall be installed along both Sunnyside Drive
and Ashley Drive as it abuts the subdivision. A pedestrian ramp and crosswalk shall
be installed to provide access across Sunnyside Drive. (Kalispell Standards for
Design and Construction).
➢ Lots 1, 3, 4, & 5 shall be accessed from Ashley Drive. Vehicular access from Lot 5 to
Sunnyside Drive shall not be permitted.
Again, thank you for the opportunity to comment. Feel free to contact this office if we can
be of further assistance.
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PRELIMINARY PLAT — SUNNYSIDE PLACE
A 5 LOT SINGLE FAMILY SUBDIVISION ON 2.07 ACRES
IN THE R-2 (SINGLE FAMILY RESIDENTIAL) DISTRICT
PIA? DATE 3/e/W
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SUNNYSIDE PLACE
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