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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 Ev 9J pill 01919KV-911210 9V 11112MAWARV"IN91TA 1010 Vol Ion 9 N of a 1UV 1 NEI kro W WA i 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. W4ivl. rY�' M Odo S� S V i'e /oc�-- , ° \ y- - «w y \° /� .A NJ 3 6 B 5 , 22 18192 2 2 - 6CA 4 2 -_ rT 15 2- 1716151 13 s K1MKuC VICINITY MAP SCALE 1" = 300' DMK DEVELOPMENT/DONALD & MARY KRUSE 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 FILE KSR— 06 — 02 lk\&\site\k--W-02-dwg SUNNYSIDE PLACE WCAM At4P ..s