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Staff Report/Preliminary Plat1 Z $ze) Z74 & YLiIi 04"_0&CM Tri-City Planningice 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricityplanning-mt.com Kalispell Mayor and City Council Tom Jentz, Director Chris A. Kukulski, City Manager Tim Birk / Three Mile Subdivision Preliminary Plat Approval November 3, 2003 BACKGROUND: This is a request by Tim Birk for preliminary plat approval of a 31-lot residential subdivision. The property contains approximately 9.1 acres and is located on the north side of Three Mile Drive approximately 500 feet west of Garland Street. The Kalispell City Planning Board held a public hearing on October 14, 2003. At the public hearing the applicant spoke in favor stating he agreed with the conditions of the staff report. Three letters were received in opposition stating concerns with increased traffic and the desire for larger lots more conducive to the surrounding historical neighborhood. There were no other comments from the public. After the public hearing the Board discussed the request. It was pointed out that this subdivision was in substantial conformance with the two previous subdivisions approved in this immediate neighborhood this summer and that with the advent of municipal sewer and water, the entire neighborhood was changing. However, this change was planned and anticipated in our growth policy. The Board did discuss the advisability of extending the internal road out to Three Mile Drive and agreed that at this point the road should end in a cul-de-sac noting that when the multi -family site is developed, it may be appropriate to re- visit the extension out to Three Mile Drive. A motion was made and passed unanimously to forward a recommendation that staff report #KPP-03-12 be adopted as findings and the plat with 18 conditions be forwarded on to City Council for final action. COMMENDATION: A motion to adopt the resolution approving the preliminary plat subject to the recommended 18 conditions would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Providing Community Planning Assistance To: ® City of Kalispell ® City of !Whitefish ® City of Columbia Falls Birk Three Mile Subdivision — Preliminary Plat Approval October 16, 2003 Page 2 of 2 Respectfully submitted, Thomas R. Jent Director Report compiled: October 16, 2003 c: Theresa White, Kalispell City Clerk "- Chris A. Kukulski City Manager Attachments: Transmittal letter Staff report #KPP-03-12 and application materials Draft minutes from 10/ 14/03 planning board meeting TRANSMIT\KALISPEL\2003 \KPP03-12MEM WHEREAS, Tim Birk, on behalf of Thomas and Shirley Jones, the owners of certain real property described above, has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on October 14, 2003, on the proposal and reviewed Subdivision Report #KPP-03-12 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Three Mile Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of November 3, 2003, reviewed the Tri-City Planning Office Report #KPP-03-12, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report #KPP-03-12 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Tim Birk for approval of the Preliminary Plat of Three Mile Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision except as modified by the conditions listed herein. (Kalispell Sub. Regs. Appendix C — Final Plat I(A) Contents of Final Plat). 2. Because the Raven Rock subdivision lying on the west side of this subdivision has only been granted preliminary plat approval and this subdivision depends on the access road through Raven Rock to North Riding Road for westerly access out of the Three Mile Subdivision, if Three Mile Subdivision is developed before Raven Rock, the internal road for Three Mile shall be extended all the way over to access North Riding Road. (Fire Marshall — Site Review). 3. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. Note that a hammer -head turn around is allowed in the cul-de-sac location as an interim measure until Lot 17 is developed. (Kalispell Sub. Regs. Section 3.01 & 3.09A). 4. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 — 3.15). 5. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. (Kalispell Sub Regs. Sections 3.09, 3.11 — 3.15). 6. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation director. (Site Review). 7. The applicant shall acquire an easement from the City of Kalispell to extend a portion of the access road from Sunset Court south across Sunset Park so that the applicant can develop a reasonable road alignment for his internal subdivision road. (Note, it is recommended that the applicant negotiate with the owner of Lot 6, Block 7 of Sunset Addition to improve the road alignment off of Sunset Court cul-de-sac and reduce the need to encroach into Sunset Park.) (Recommendation of the Parks Director and Site Review Committee). 8. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. (Kalispell Sub. Regs. Section 3.12 A). 9. The fire access and suppression system shall comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and placement of fire hydrants and fire flows within the subdivision shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the Fire Department prior to final plat approval. (Uniform Fire Code). 10. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both to coordinate and connect with the plan for Raven Rock. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department and Montana Department of Transportation. (Kalispell Sub. Regs. Section 3.06J, 3.09E, 3.11). 11. A pedestrian easement and trail shall be provided from the end of the proposed cul-de-sac extending southerly intersecting the proposed trail described in Condition #10 above. (Kalispell Sub. Regs. Section 3.09E, 3.11). 12. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Sub Regs. Sections 3.09 K(7) & M). 13. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Sub. Regs. Section 3.22). 14. That the parkland dedication requirements shall be met by paying cash -in -lieu of parkland dedication in the amount one -ninth or 11 percent of the area in lots or approximately 7.23 acres. This calculates to $14,310 for cash -in -lieu of parkland dedication based on a purchase price of $18,000/acre. (Kalispell Sub. Regs. Section 3.19 (A)). 15. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Sub. Regs. Section 3.09 (L)). 16. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision shall be completed prior to final plat submittal. With the filing of the final plat for each phase, an additional three-year extension shall be automatically granted for subsequent phases. (Site review). 17. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. (Kalispell Sub. Regs. Section 3.13). 18. That preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Sub. Regs. Section 2.04 (E)(7)). 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 3RD DAY OF NOVEMBER, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Planningice 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net October 16, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Three Mile Subdivision Preliminary Plat Dear Chris: The Kalispell City Planning Board met on October 14, 2003 and held a public hearing to consider a request by Tim Birk for preliminary plat approval of a 31-lot residential subdivision on 9.1 acres located on the north side of Three Mile Drive approximately 500 feet west of the Garland Street intersection. A petition for annexation and an initial zoning assignment of R-3, Urban Residential, on approximately 7.7 acres and RA-1, Low Density Residential Apartment, on approximately 1.4 acres has been filed concurrently with the preliminary plat application. Tom Jentz, of the Tri-City Planning Office, presented staff report #KPP-03-12 evaluating the proposal. Jentz explained that this subdivision will need to acquire a small portion of Sunset Park in order to create a proper alignment with the Sunset Court cul-de-sac. The Parks Department is in support of this encroachment as the developer will assist in the development of this city park and this new road will provide a good access point to the park. The staff recommended approval of the preliminary plat subject to the conditions outlined in the staff report. At the public hearing the applicant spoke in favor of the proposal stating that he concurred with the conditions of approval as submitted by staff noting that this project will help to improve access to Raven Rock subdivision for which he received preliminary plat approval earlier this year. Three letters of opposition were received from adjoining property owners stating that the project will increase traffic and congestion at an entrance to our city, that the lots were smaller than the traditional lot development in the neighborhood and that the applicant was asking for too much density. After the public hearing the Board discussed the request. It was pointed out that this subdivision was in substantial conformance with the two previous subdivisions approved in this immediate neighborhood this summer and that with the advent of municipal sewer and water, the entire neighborhood was changing. However, this change was planned and anticipated in our growth policy. The Board did discuss the advisability of extending the internal road out to Three Mile Drive and agreed that at this point the road should end in a cul-de-sac noting that when the multi -family site is developed, it may be appropriate to re- visit the extension out to Three Mile Drive. A motion was made and passed unanimously to forward a recommendation that staff report #KPP-03-12 be adopted as findings of fact and the plat with 18 conditions be forwarded on to City Council for final action. Providing Community Planning Assistance To: ® City of Kalispell ® City of Columbia Falls ® City of Whitefish Three Mile Subdivision Preliminary Plat October 16, 2003 Page 2 of 4 Please schedule consideration of this preliminary plat for the Kalispell City Council meeting of November 3, 2003. You may contact this board or Tom Jentz at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely GT/TRJ/ sm Attachments: Attachment A - Recommended Conditions of Approval Staff report #KPP-03-12 and application materials Draft minutes 10/ 14/03 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Tim Birk, 880 Farm Rd., Kalispell, MT 59901 Rick Breckenridge, 115 Valley View Dr., Kalispell, MT 59901 TRANSMIT\KALISPEL\2003 \KPP-03-12 Three Mile Subdivision Preliminary Plat October 16, 2003 Page 3 of 4 ATTACHMENT A THREE MILE SUBDIVISION.. ,1 CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD OCTOBER11 The Kalispell City Planning Board is recommending the following conditions to the Kalispell City Council for the above referenced preliminary plat. A public hearing was held on this matter at the October 14, 2003 planning board meeting: Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision except as modified by the conditions listed herein. (Kalispell Sub. Regs. Appendix C - Final Plat I(A) Contents of final Plat). 2. Because the Raven Rock subdivision lying on the west side of this subdivision has only been granted preliminary plat approval and this subdivision depends on the access road through Raven Rock to north Riding Road for westerly access out of the Three Mile Subdivision, if Three Mile Subdivision is developed before Raven Rock, the internal road for Three Mile shall be extended all the way over to access north Riding Road. (Fire Marshall - Site Review). 3. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. Note that a hammer -head turn around is allowed in the cul-de-sac location as an interim measure until Lot 17 is developed. (Kalispell Sub. Regs. Section 3.01 & 3.09A). 4. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 - 3.15). 5. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. (Kalispell Sub Regs. Sections 3.09, 3.11 - 3.15). 6. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation director. (Site Review) . 7. The applicant shall acquire an easement from the City of Kalispell to extend a portion of the access road from Sunset Court south across Sunset Park so that the applicant can develop a reasonable road alignment for his internal subdivision road. (Note, it is recommended that the applicant negotiate with the owner of Lot 6, Block 7 of Sunset Addition to improve the road alignment off of Sunset Court cul-de-sac and reduce the need to encroach into Sunset Park. (Recommendation of the Parks Director and Site Review Committee). Three Mile Subdivision Preliminary Plat October 16, 2003 Page 4 of 4 8. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. (Kalispell Sub. Regs. Section 3.12 A). 9. The fire access and suppression system shall comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and placement of fire hydrants and fire flows within the subdivision shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the Fire Department prior to final plat approval. (Uniform fire Code). 10. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both to coordinate and connect with the plan for Raven Rock. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department and Montana Department of Transportation. (Kalispell Sub. Regs. Section 3.06J, 3.09E, 3.11). 11. A pedestrian easement and trail shall be provided from the end of the proposed cul-de- sac extending southerly intersecting the proposed trail described in Condition # 10 below. (Kalispell Sub. Regs. Section 3.09E, 3.11). 12. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Sub Regs. Sections 3.09 K(7) & M). 13. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Sub. Regs. Section 3.22). 14. That the parkland dedication requirements shall be met by paying cash -in -lieu of parkland dedication in the amount one -ninth or 11 percent of the area in lots or approximately 7.23 acres. This calculates to $14,310 for cash -in -lieu of parkland dedication based on a purchase price of $18,000/acre. (Kalispell Sub. Regs. Section 3.19 (A)) 15. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Sub. Regs. Section 3.09 L)). 16. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision shall be completed prior to final plat submittal. With the filing of the final plat for each phase, an additional three-year extension shall be automatically granted for subsequent phases. (Site review). 17. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. (Kalispell Sub. Regs. Section 3.13). 18. That preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Sub. Regs. Section 2.04 (E(7)). KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF OCTOBER2003 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:08 p.m. Board members present were: Jean Johnson, Rick Hull, Jim Atkinson, Sue Ellyn Anderson, George Taylor and John Hinchey. Timothy Norton was absent. Tom Jentz represented the Tri-City Planning Office. There were approximately 40 people in the audience. APPROVAL OF MINUTES Atkinson moved and Anderson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of September 9, 2003. The motion passed unanimously on a vote by acclamation. HEAR THE PUBLIC No one wished to speak. THREE MILE SUBDIVISION A request by Tim Birk on behalf of Thomas and Shirley Jones INITIAL ZONING UPON for an initial zoning designation of R-3, Urban Single Family ANNEXATION Residential, on approximately 7.7 acres and RA-1, Low Density Residential Apartment, on approximately 1.4 acres located on the north side of Three Mile Drive one-half mile west of North Meridian Road upon annexation to the City of Kalispell. THREE MILE SUBDIVISION A request by Tim Birk for preliminary plat approval of Three PRELIMINARY PLAT Mile Subdivision, a 31 lot residential subdivision, upon APPROVAL REQUEST annexation to the City of Kalispell. STAFF REPORTS Tom Jentz, with the Tri-City Planning Office, gave a -03-13 AND IMP-03-12 presentation of staff report KA-03-18, a request for initial zoning upon annexation of approximately 9.1 acres located on the north side of Three Mile Drive one-half mile west of North Meridian Road, and KPP-03-12, a request for preliminary plat approval of Three Mile Subdivision. Jentz showed a site map of the proposed subdivision and stated that the applicants are asking for R-3 and RA-1 zoning. He said that Sunset Court is to the north and a city park is to the east. In addition several large single family residences which are in the county and zoned SAG-10 form the eastern boundary. Wel-Life Assisted Living is to the south across Three Mile Drive and the recently annexed Raven Rock subdivision is to the west. He stated that this development will connect to the Raven Rock subdivision, with access to North Riding road. Both projects fit very well together and there will be no access directly onto Three Mile Drive. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 1 of 12 Jentz stated that the applicants are requesting R-3 zoning on 30 lots, and that these are 7500 square feet or larger. He stated it is a good design and provides neighborhood connectivity. The applicant is also requesting 1.4 acres of RA-1 zoning along Three Mile Drive, as a buffer zone, which is in character with other subdivisions. He stated that the applicants can do nothing more than a single duplex if approved without first applying for a CUP so the city will have an opportunity to review future development plans on this site. Jentz explained that the access out to the west meets with Raven Rock and will come out on North Riding Road, and staff is not encouraging direct access onto Three Mile Drive. Staff felt that Three Mile Drive is an arterial and will continue to carry large amounts of traffic, and we need to localize the intersections onto Three Mile Drive. He stated that heavier traffic is anticipated on Three Mile Drive in the future. Jentz said that staff is recommending a cul-de-sac at this point, but that it will be reviewed at the time that the applicant submits a development plan for the multi -family RA-1 site at a latter date. Jentz also explained that the applicant needs to use a corner of the undeveloped city park for the road alignment off of Sunset Court to work. He stated that cash -in -lieu will be used for the development of this city park. Jentz mentioned that three letters were received from adjoining property owners, and that their concerns dealt with the smallness of the lots and the proposal for multi -family lots. He said that the adjoining lots are large and have been at the edge of the city for a long time; but that the city is growing and the growth policy indicates this type of development in this area. Three Mile Drive will not be a great single family lot site in the future. Jentz stated that as for public services, the subdivision works very well and that sewer will go to the north and south with a looped water system. Jentz stated that staff is recommending approval with 12 conditions. PUBLIC HEARING I The public hearing was opened to those who wished to speak on the issue. PLICANT/AGENCIES Tim Birk, applicant, stated that he is excited about the project and that it ties in well with Raven Rock, and he has no problem with the conditions imposed. He feels that it is a good project. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Page 2 of 12 PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION Anderson moved and Atkinson seconded to adopt staff report KA-03-18 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the initial zoning for this property should be R-3, Urban Single Family Residential, on approximately 7.7 acres and RA-1, Low Density Residential Apartment on approximately 1.4 acres upon annexation to the City of Kalispell. BOARDDISCUSSION Taylor asked Jentz about the park and whether it was bare ground. Jentz said it was undeveloped. Taylor asked Birk about the compatibility with the junior high school. Birk answered they will be fairly low cost homes, good for first time homebuyers and young families, and feels that the proximity to the school is a big advantage. The Board took a few minutes to read the protest letters which were received at the beginning of the meeting. (Letters are attached and are hereby made a part of the record). Taylor commented on the letters which were received and stated that while he appreciated the neighbors' comments, he feels that this subdivision does comply with the growth policy and will not be detrimental to the neighbors. ROLL CALL The motion passed unanimously on a roll call vote. MOTION Atkinson moved and Hinchey seconded to adopt staff report KPP-03-12 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the proposed preliminary plat approval for Three Mile Subdivision be approved subject to the 18 conditions. BOARD DISCUSSION Jentz stated for the record that there is a person living on a life estate where the cul-de-sac may be located, and that there is a possibility that the road may be pulled back and negate the need for the temporary cul-de-sac. There was no further discussion. ROLL CALL The motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of October 14, 2003 Pate 3 of 12 MARY F. KAUFMAN 161 Three Mile Drive Kalispell, MT 59901 (406) 752-9004 October 7, 2003 Tri-City Planning Board Plarariag and Zoning Office 1035 1" Avenue West Kalispell, MT 59901 Re: Planning Commission Meeting Tuesday, October 14, 2003 Matter Nos. 1 and 2; Requests to Tim Birk Dear Board Members: As Trustee of a revocable trust, I am the beneficial owner of a residence located on Lots 5AJ and 5A6 in Section 1, Township 28 North, Range 22 West, P.M.M. These lots lie adjacent to and directly east of the 9-acre tract subject to the requests by Tim Birk to change the zone designation from SAG10 to RA-1 and R3, annex same to the City of Kalispell, and obtain preliminary plat approval for a 31-lot subdivision. My husband and I will be out of town on October 14 and unable to attend the meeting, but we object to aspects of the application and request to rezone as follows. The application and request to rezone 1.4 acres located on the north side of Three Mile Drive as RA-1: low density Residential Apartment; violates the criteria established by the Montana Codes applicable to zoning regulations . Section 76-2-203, M.C.A., in setting forth the criteria for zoning regulations and, of course, changes thereto, mandates as follows: "(1) Zoning regulations must (emphasis added) be made in accordance with the growth policy and must (emphasis added) be designed to lessen congestion in the streets. . . to prevent overcrowding of land; to avoid undue concentration of population, and to facilitate adequate provision of transportation... (2) Zoning regulations must (emphasis added) be made with reasonable consideration, among other things, to the character of the district (emphasis added) and its suitability for past uses with a view to conserving the value of buildings (emphasis added) and encouraging the appropriate use of land... " Montana law mandates that, among other things, the character of the district, past uses, and conserving value of existing buildings must be considered when deciding on a zone request. The properties surrounding the 1.4 acres subject to a multi-family/apartment/duplex request are all single family residences. This includes residences to the immediate east, those homes to the west along Three Mile Drive (both on the south side and north side of the road), and all homes in the immediate vicinity. Multi -family dwellings in this area of single-family residences violates Montana mandatory zoning considerations. The application, if granted, fails to consider the character of all of the surrounding land, the past use of the land, will detrimentally impact values of existing homes, and will increase congestion and overcrowding. it is recognized that this once agricultural area has changed. Residential zoning, while regretful, is inevitable. However, to completely ignore what has been and is the current use of the land to the detriment of those developed properties adjacent to the area subject to rezoning is absolutely contrary to Section 76-2-203, M.C.A. The Board and Council must also consider the fact that it has already approved multiple subdivisions in the general area. The streets and roads (Meridian, Three Mile Drive, Garland, Northridge, etc.) are very congested. A multi -family development in this area will compound the congestion. Access will either be directly to Three Mile Drive or north to intersect at some point with roads through the Northridge development or Garland Street. These areas are family residential areas with children present. The Junior High School is within several blocks of this proposed development. By opening a door to multi -family developments, in addition to altering the character of the area, ignoring the past use, and negatively impacting values to building and adjacent properties, this undue concentration of population will further exacerbate what is an already grossly congested street and transportation system. This aspect of the request should and must be denied. My husband and I further object to the application for preliminary approval of the 31-lot subdivision on the 9.1 acres of land. If the Board and Council accepts this proposed plan as presented, they will be. acting contrary to the general intent and purpose enunciated in the "Montana Subdivision and Platting Act" and particularly Section 76-3-102(2)(3)(4)(5)(6)&(8), M.C.A., as well as the provisions of 76-2-203 regarding zoning change. It is requested the Board and Council look at the property subject to this request. The development as proposed is an unimaginative effort to crowd as many small lots on the property as possible, staying barely within the minimum size and maximum density limits of lots allowed by law. The developer in his application noted no traffic impact study was made. Ingress and egress is to already grossly overcrowded streets and roads. The Board and Council should view this area during the rush hours, school hours, and even early morning. The traffic is incredible. The cramming of a bunch of small lots together adds further to the existing congestion and traffic flow problem. This development fails to harmonize in any regard with the subdivision directly east or those homes to the north. The subdivision makes no effort to consider maximizing or take into account the natural aesthetics of the area and is thus not in harmony with the existing developments. There is no effort to preserve any open space, as we understand the developer will pay cash in lieu of park areas, which is antagonistic to the requirement for preservation of open space. Failure to imaginatively develop the area fails to consider the rights of adjacent property owners, fails to create any sort of harmony with the environment, and also fails to protect the rights of adjacent property owners to at least a pleasant residential complex. A review of lots on Garland Street as well as those directly north of the proposed area indicates lot sizes generally greater than those in the proposal. Obviously, the lots directly east are much larger. As part of the rezoning effort as well as the application for approval, these surrounding areas should be considered and per law, the division should harmonize. It should be noted there are divisions of land west of this proposal with multiple small lots. The area here under consideration should be developed as a buffer or transition zone between those developments and the existing developments to the east. The application by the developer recites all adjacent properties are on city sewer and water. This statement is in error. Almost all, if not all, properties adjacent on the east and to the south (across Three Mile Drive) are on well and septic. While it is recognized that the handling of surface water will be addressed in final subdivision approval, note must be made that because of the intensity and crowding which would exist in this proposed subdivision, the handling of surface waters will become extremely critical to avoid impacting the water systems of adjacent property owners and severely impacting the health and safety of the adjoining property owners. Lessening the congestion lessens the potential impact. We also object strongly to any subdivision or development plan which requires the City of Kalispell to grant an easement across a dedicated park area or any part of an existing park for access. It is submitted that this preferential treatment using public lands solely for a private benefit is a dangerous precedent and should be avoided. It is suggested that the Board and Council, in reviewing the application and request, assume the responsibility of promoting the general welfare not only of the developer, but for those of us who live in the vicinily of the development and: (1) Deny the application for 1.4 acres to be zoned RA-1 as proposed. (2) Deny the 31-lot subdivision as proposed determining same should be reduced in density to a minimum size of lot equivalent to the lot size of those residences on Garland, but not less than at least 100-foot frontages. (3) Require a redesign of the access negating easements over the city park. (4) Require some park land, open space, and/or imaginative design to be in harmony with the natural environment of the area. It is recognized that the properties involved, as well as properties further to the west, have or will become annexed to the City of Kalispell. It is also recognized that as populations grow, annexation and subjecting these residences to city sewer and city water does have some benefit. But the City planners and the City Council are urged to look hard at these subdivisions and insist that the existing residents as well as this beautiful valley be protected by requiring development with imagination and planning to prevent overcrowding, avoid undue concentration of population adversely affecting adjacent properties, and facilitate adequate transportation. This proposed subdivision meets none of these statutory standards, and it is urged that it be rejected in its present form. Thank you for your attention to this letter. We request this letter be presented to the Planning Board and Kalispell City Council, and be part of all files on this matter to be considered in all future proceedings. Sincerely, , - - - - &�� 41Z� Mary F. Kaufma4r '- )t'�e I=URI f0111:16 0 I 155 Three Mile Drive Kalispell, MT 59901 (406) 752-9006 October 13, 2003 Tri-City Planning Board Planning and Zoning Office 1035 lst Avenue West Kalispell, MT 59901 Re: Planning Commission Meeting Tuesday, October 14, 2003 Matters Nos. 1 and 2; Requests to Tim Birk Dear Board Members: We are the owners of 2.3 acres on the east border of the 9-acre tract subject to the requests of Tim Birk to change zone designation. We will be unable to attend the October 14th meeting. We have the following objections to this application and request to rezone: The application to rezone 1.4 acres located on the north side of Three Mile Drive as RA-1, low density Residential Apartment, violates the criteria established in Section 76-2-203, M.C.A. This section refers to prevention of overcrowding and minimizing congestion. This entrance to Kalispell is very close to the Junior High School and is already congested. All surrounding properties are single-family homes of considerably larger lot size (2-plus acres on the immediate east). 2.) The same section refers to maintaining the character of the land and its surroundings. All of the homes surrounding this multi -family complex are large lot, single-family homes. This is one of the few remaining uncluttered entrances to Kalispell . This development would be to the detriment of the other properties in the area. 3.) The 31-lot subdivision on the 9.1 acres proposed is contrary to Section 76-3-102 (2)(3)(4)(5)(6)&(8) of the "Montana Subdivision and Plotting Act", as well as 76-2-203 regarding zoning change. This smallest lot, minimum dwelling size, maximum density plan is an extremely uncreative use of a beautiful entrance to town. It will further aggravate the congestion already present. Remember, the Junior High is 3 blocks away. This subdivision is incompatible with the subdivision directly east and is not in keeping with the harmony and character of this entrance to Kalispell. 4.) The application incorrectly states that adjacent properties are on city sewer and water. Adjacent properties to the east and south have wells and septic systems. The density of this proposed subdivision is very likely to pollute the water systems of adjacent properties. 5.) The request to grant an easement across a dedicated park, as requested in this application, is preferential treatment and would set a dangerous precedent. We propose that the Board and Council consider the above points and act as follows: 1.) Deny the application to rezone 1.4 acres to RA-1. 2.) Deny the 31-lot subdivision as proposed, insisting that lot and home size at least be the equivalent of those homes on Garland Street to the east, with 100-foot frontage. 3.) Eliminate the City Park access easement. 4.) Require a park. 5.) Require an imaginative design to the development, in keeping with the existing residences and the beauty of this entrance to Kalispell. We recognize that Kalispell is expanding to the west and north. How the Planning Board and Council address this application will set a precedent for future expansion on this side of town. The quality of the area is at stake and the character of surrounding properties must be considered. Thank you for considering this letter and presenting it at the Planning Board Meeting October 14, 2003. Sincerely, Bennie J. Rossetto Gail L. Rossetto jn October 10, 200-3 Tri-City Planning Board OCI 'j Planning, and Zoning Office 1035 First Avenue West LANNJ�fJ6 OFFICE Kalispell, MT 59901 Dear Board Members: Re: Meeting Tuesday, October 14', 2003 Matter Nos. I and 2; Requests to Tim Birk My wife and I have concerns with the density that is requested by the above developer. We have lived at 212 Three Mile, which is directly south of these developments, since 1952. We have been aware that the city would grow in our direction and had hoped it would develop into single family dwellings such as exists in the Northridge area. The the developments proposed with multi -dwelling and minimum lot size does not seem to conform to the surrounding residential area. We are on our own well and septic system and are concerned about the run off from a densely developed property located directly above us. The Ashley irrigation ditch used to run on the top of that hill and when it was in use we got water in our basement. The flooding stopped when the ditch was abandoned. Since we are unable to attend the meeting on October 14'h, because of a doctors appointment in Spokane, we would appreciate your consideration of our above stated concerns. Sincerely A.E. Mcglenn Dorothy gglenn SUBDIVISIONTHREE MILE OFFICETRI-CITY PLANNING STAFF REPORT KPP-03-12 OCTOBER00 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for preliminary plat approval of a 31-lot residential subdivision on property proposed for concurrent annexation and initial zoning. A public hearing on this proposal has been scheduled before the planning board for October 14, 2003 in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. ISA K t'Rp 7N : A petition to annex and request for initial zoning of R-3, an Urban Residential zoning designation on 7.7 acres, and RA-1, a Low Density Residential Apartment zoning designation on 1.4 acres has been filed concurrently with this preliminary plat. The property contains approximately 9.1 acres and is located between Sunset court and Three Mile Drive on the north side of Three Mile Drive approximately 500 feet west of Garland Street. Tim Birk 880 Farm Road Kalispell, MT 59901 (406) 257-3141 Thomas and Shirley Jones 171 Three Mile Drive Kalispell, MT 59901 (406) 752-9014 Bret Birk, Engineer 2302 Hwy 2 East, #9 Kalispell, MT 59901 Rick Breckenridge 115 Valley View Drive Kalispell, MT 59901 B. Nature of Application: This is a request for preliminary plat approval of a 31 lot residential subdivision on approximately 9.1 acres in the northwest part of Kalispell. This property is being proposed for annexation into the city of Kalispell concurrently with the preliminary plat. The proposed initial zoning on 7.7 acres is R-3, an Urban Residential zoning designation that is intended primarily for single-family homes and has a minimum lot size requirement of 7,000 square feet. On the remaining 1.4 acres a zoning designation of RA-1, a Low Density Residential Apartment zoning district has been proposed. The RA-1 district allows single-family homes and duplexes as permitted uses and multi -family dwellings as conditionally permitted uses. This zoning district has a minimum lot size requirement of 6,000 square feet for the first duplex plus an additional 3,000 square feet for each unit beyond a duplex. #KPP-03-12 Pn ar- 1 of a The subdivision would be developed utilizing water extensions from Sunset Court, Three Mile Drive and the proposed Raven Rock Subdivision to the west insuring adequate looping of the system. Sewer would come in from the north via Sunset Court and from the south via Three Mile. There are two accesses proposed, one to the north out Sunset Court and the other out to the west via Raven Rock Subdivision and over to North Riding Road. The developer has no immediate plans for the single RA-1 zoned lot at the south end of the project. The minimum area for an RA-1 zoned lot is 6,000 square feet. The current 53,000 square foot site greatly exceeds that. The developer will address further development of this site at a later time. The single lot could accommodate a duplex residence. Further subdivision or application for a conditional use, both of which will trigger a public hearing and review process are necessary to accommodate any development in addition to this. The maximum number of units on a 53,000 square foot RA-1 site is 17 dwellings. In reality the density will be significantly less due to the need to provide access and parking for any units proposed. C. Location and Legal Description of Property: The property proposed for subdivision lies on the north side of Three Mile Drive approximately 500 feet west of Garland Street. The property can be described as Assessor's Tract 5AA (Tract 1 of COS 9693) located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Total Area: Total Lot Area in Lots: Area in Roads: Minimum Lot Size: Maximum Lot Size: 9.1 acres 7.2 acres 1.9 acres 7,577 square feet 53,687 square feet E. Existing Land Use: This property currently has a single-family home located on it and has been used for limited agricultural purposes. P. Adjacent Land Uses and Zoning: The area can be described as being located on the western fringes of Kalispell in an area that is undergoing rapid urbanization within the past year. To the immediate west, Northview Heights is under construction and Raven Rock, which is being developed by the applicant, just received preliminary plat approval this summer. To the immediate south an assisted living complex for elderly was constructed. To the east lies an undeveloped city park and rural large tract housing. North: Urban residential and single-family homes, City R-3 zoning South: Rural residential mostly single-family homes and limited agricultural uses, County R-1 zoning as well as Well Life assisted living complex zoned RA-1 East: Rural residential homes zoned County SAG-10 &. a city park zoned P-1 West: Urban residential, City R-3 G. General Land Use Character: The general land use character of the area is urban density further to the east and north where City services are available. To the immediate west, a formerly rural area is quickly being transformed to an urban character as services are extended and as new subdivisions, including Raven Rock and Northview Heights are developed. To the immediate south across Three Mile #KPP-03-12 Page 2 of 9 Drive a multi family assisted living project exists. There are some large parcels in the area that have good development potential once City services are extended to the area with one of the largest parcels at the northeast corner of Three Mile Drive and Stillwater Road having been annexed to the City with urban residential zoning designations. H. Zoning: Currently this property is located in the County zoning jurisdiction and has a zoning designation of SAG-10, Suburban Agricultural, a zone with a 10-acre minimum lot size requirement intended for limited agriculture and ranchettes. This property is being annexed concurrently with review of the preliminary plat and the developers are requesting an assignment of R-3, an Urban Residential zoning district that is intended primarily for single-family homes on approximately 7.1 acres. The R-3 district has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 60 feet. On the remaining 1.4 acres an RA-1 zoning designation is being sought which is a Low Density Residential Apartment zone that has a minimum lot size requirement of 6,000 square feet for the first duplex plus an additional 3,000 square feet for each dwelling beyond a duplex. I. Utilities: This subdivision would receive full City services upon annexation and development. Water: City of Kalispell Sewer: City of Kalispell Solid Waste: City of Kalispell Gas: Montana Power Company Electricity: Flathead Electric Coop (underground) Telephone: CenturyTel (underground) Fire: City of Kalispell Schools: West Valley School District, School District Police: City of Kalispell This matter came before the site development review committee on September 18th and September 25, 2003. At those meetings, there was support from the parks department to allow the applicant to encroach with the access road extending down out of Sunset Court into the northwest corner of Sunset Park. The Parks Director indicated that Sunset Park was currently undeveloped and that a reasonable trade could be made. The Parks Director stated that with the development of both Raven Rock and the proposed Three Mile Subdivision, he would like to take the cash -in -lieu of parklands money and begin development of Sunset Park. Additional discussion also ensued over the need to extend the internal road south out to Three Mile Drive or terminate it in a cul-de-sac as proposed. Three Mile Drive is an Arterial on the Growth Policy and is managed as a State Highway. The Fire Marshall stated he did not need an access onto Three Mile. Staff was divided pointing out that the additional access could improve circulation now. It was also pointed out that in the future, as traffic increases on Three Mile (especially with the new subdivisions proposed to the west and the by-pass road coming), the access may become more problematic and there will come a time when controlled (stop light) access will be required on Three Mile for the street intersections to function. It was noted that arterials are designed for convenience for the traveling public over adjacent local streets and neighborhoods. It was agreed that at this time the access onto Three Mile was not needed. However, when Lot 17 is developed, #KPP-03-12 PA Q-P 2 of A either a subdivision or Conditional Use permit will be needed to build anything more than a duplex. The extension onto Three Mile should be re -visited and possibly be the subject of an engineering traffic study This application is reviewed as a major subdivision in accordance with statutory criteria and the Kalispell City Subdivision Regulations. A. Effects on Health and Safety: Eire: This subdivision would be 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. All of the lots will abut a street that has been constructed to City standards. The property does not have steep slopes or woody fuels. Hydrants will be required to be placed in compliance with the requirements of the Uniform Fire Code and the approved by the fire chief. The fire access and suppression system should be installed and approved by the fire department prior to final plat approval because of potential problems with combustible construction taking place prior to adequate fire access to the site being developed. It was noted that this subdivision will greatly enhance the looping of water mains in this neighborhood. In addition, the new road extension from Sunset Court will greatly improve the access situation out of the newly approved Raven Rock subdivision. This new access route will greatly improve emergency and neighborhood access. Flooding: According to FIRM Panel #1805D dated 9/30/92 there are no areas of the 100-year floodplain within the site and no other obvious constraints on the property that would lead to a flood -prone situation. Bccesa: Access to the subdivision would be from a new internal roadway that will connect Sunset Court to the north with the proposed Raven Rock Subdivision approved this August. The road through Raven Rock accesses onto North Riding Road and ultimately Three Mile Drive. A cul-de-sac is proposed at the south end of this subdivision. This is supported as staff agreed that an additional access onto Three Mile may ultimately create greater traffic problems as traffic increases on Three Mile. The present design would generate upwards of 310 additional vehicle trips. Note that North Riding Road is becoming a collector street. In addition, Three Mile Drive is a major arterial. Finally, the proposed Highway 93 by-pass lies approximately 1/4 mile to the west. Construction of this is anticipated in the next 10 years. There is lack of pedestrian access along Three Mile Drive. As was required with several previous subdivisions including Raven Rock and Empire Estates, staff would recommend that a pedestrian access along this roadway be coordinated with the public works department, parks and recreation department and the Montana Department of Transportation. A 20-foot landscape buffer is recommended which should incorporate a bike and pedestrian trail as well as buffering in the form of a berming or landscaping or both. In addition, a pedestrian easement and trail should be provided for from the cul-de-sac in Lot 17 to Three Mile Drive for pedestrian access. #KPP-03-12 Page 4 of 9 B. Effects on Wildlife and Wildlife Habitat: This property is generally level with a gentle slope and was used for minimal agricultural purposes. There may be some migratory birds and occasional deer may visit the site, however, this area continues to urbanize and does not provide significant habitat for wildlife. Surface and groundwater: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. No surface water is in close enough proximity to the site to create concerns with regard to this development. Drainage: This site is relatively level with a small rise in the midpoint dropping down to Three Mile. It does not pose any unusual challenges to site drainage. Curbs and gutters will be installed and a storm drain management plan will have to be developed to address the runoff from the site. There is no City storm drain system in the immediate area and storm water will have to be managed using on -site retention methods as part of the storm water management plan. The drainage plan will have to comply with the City of Kalispell's standards and State standards and will be required to be designed by a professional engineer. D. Effects on Local Services: Water: Water service to the subdivision would be provided by the City of Kalispell and extended from several sources. A water main lies to the west of this subdivision along North Riding Road that will be extended into Raven Rock Subdivision. Additionally, a water main will be extended up from Three Mile and an additional line can be extended from Sunset Court providing looping from 3 directions. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department and the Kalispell Fire Department as part of the development of the subdivision. There is adequate capacity within the City's water system to accommodate this development. Sewer: Sewer service will be provided by the City of Kalispell. Service will be extended from Three Mile drive to serve Lots 14 - 20. All remaining lots can be served by an extension from Sunset Court to the north. No easements for the sewer would need to be acquired from private property owners. Design and construction of the mains will be reviewed and approved by the Kalispell Public Works Department. There is adequate capacity within the sewage treatment plan to accommodate this development. Bps: Traffic projections for this subdivision are estimated to be approximately 310 additional vehicle trips per day based on the estimate of 10 vehicle trips per residence per day. A significant portion of the traffic will utilize North Riding Road and Three Mile Drive. Traffic also has several options of going north toward the Junior High or Northridge Drive and US 93 North. The subdivision roads will be constructed to city standards and would include curb, gutter, sidewalks and landscape boulevards with trees within the subdivision. There will be some moderate impacts to Three Mile Drive as a result of this subdivision and North Riding Road to the west. Three Mile Drive is a paved, two lane State secondary roadway that is in fair condition. In 1997 the daily average vehicle trips east of Stillwater Road was 3,064. There will be a moderate increase in traffic on Three Mile Drive with the commensurate impacts. At some point, #KPP-03-12 Page 5 of 9 consideration will need to be given to the upgrading and widening of Three Mile Drive as development continues to occur in the area. Typically this would be the responsibility of the State with regard to design, funding and construction. Three Mile Drive in this area is over 100 feet in width and would not require the reservation of any additional right-of-way for future expansion. Note that at the time the by-pass is constructed, significant improvements will be occurring in this stretch of road. However, this is at least 10 years away. Schools.: This development is within the boundaries of the Kalispell School District #5. The school district could anticipate that an additional 15 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, Not all of the children who live in the subdivision will be attending public schools as home school education and private school education options are available. Enrollment trends have been increasing within District #5 over the past 4 years however, they are still significantly down from the peaks of 10 years ago. Parks and Open Space: The state and local subdivision regulations have parkland / open space requirements for major subdivisions in the amount of 11 percent or one - ninth of the area proposed for the development. The developer intends to pay cash in lieu of parkland dedication to satisfy this requirement based on the purchase price of the property of $ 18,000 per acre. With approximately 7.23 acres of the property in lots, 11 percent for parkland requirements would be 0.795 acres. This calculates to $14,310 for cash in lieu of parkland dedication. There is an undeveloped City park that lies directly to the east of this site, Sunset Park. These funds can be used in all or in part for the development of amenities to this park area. Police: This subdivision would be in the jurisdiction of the City of Kalispell Police Department. The department can adequately provide service to this subdivision, however the cumulative impacts of growth within the city further strains the department's ability to continue to provide the high level of service the department is committed to. ,Fire Protection: Fire protection services will be provided by the Kalispell Fire Department, and the subdivision will need to meet the requirements of the Uniform Fire Code. The fire department will review and approve the number and location of hydrants within the subdivision as well as fire flows for compliance with applicable fire codes. Although fire risk is low because of good access and fairly level terrain, the fire department is recommending that access to the subdivision and the hydrants are in place prior to final plat approval and / or use of combustible materials in construction. Solid Waste: Solid waste will be handled by Evergreen Disposal and taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. City crews will not pickup solid waste for a minimum of 5 years from date of annexation. M .di .al S .rvi e : Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Hospital is close, less than two miles from the site. #KPP-03-12 Page 6 of 9 E. Effects on Agriculture and agricultural water user facilities: The site has been traditionally used for very limited agricultural purposes and is more efficiently and effectively used for urban residential development. Its location within the planning jurisdiction and its proximity to urban services makes this property prime for the type of development being proposed. There will be no impact on agricultural uses within the valley and no impact on agricultural water user facilities since this property will be served by a public water system. F. Relation to the Kalispell Growth Policy: This property is in the Kalispell Growth Policy's potential utility service area and is anticipated for this type of urban scale development at the time of connection to City utilities. The future land use map for the area indicates this area is anticipated to be developed as 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 3 to 12 dwelling units per acre and the requested R-3 and RA-1 zoning for the site has an overall maximum density of approximately 8 dwelling units per acre. This subdivision is in compliance with the Kalispell Growth Policy and its goals and policies. G. Compliance with Zoning: This property has been proposed to be zoned R-3, an Urban Residential district that is intended for single-family residential development and has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 60 feet and RA-1, a Low Density Residential Apartment district that has a minimum lot size requirement of 6,000 square feet and a minimum lot width of 60 feet. All of the lots comply with these standards. Note that Lot 17 proposed to be zoned RA-1 zoned would be subject to future subdivision of conditional use permit processes to accommodate more than a single duplex on the 53,000 square foot lot. H. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations and no variances have been requested. Staff recommends that the Kalispell City Planning Board adopt staff report #KPP-03-12 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the following conditions: 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision except as modified by the conditions listed herein. (Kalispell Sub. Regs. Appendix C - Final Plat I(A) Contents of final Plat). 2. Because the Raven Rock subdivision lying on the west side of this subdivision has only been granted preliminary plat approval and this subdivision depends on the access road through Raven Rock to north Riding Road for westerly access out of the Three Mile Subdivision, if Three Mile Subdivision is developed before Raven Rock, the internal road for Three mile shall be extended all the way over to access north Riding Road. (Fire Marshall - Site Review) 3. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. #KPP-03-12 Page 7 of 9 Note that a hammer -head turn around is allowed in the cul-de-sac location as an interim measure until Lot 17 is developed. (Kalispell Sub. Regs. Section 3.01 & 3.09A) 4. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 - 3.15). 5. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. (Kalispell Sub Regs. Sections 3.09, 3.11 - 3.15). 6. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation director. (Site Review) . 7. The applicant shall acquire an easement from the City of Kalispell to extend a portion of the access road from Sunset Court south across Sunset Park so that the applicant can develop a reasonable road alignment for his internal subdivision road. (Note, it is recommended that the applicant negotiate with the owner of Lot 6, Block 7 of Sunset Addition to improve the road alignment off of Sunset Court cul-de-sac and reduce the need to encroach into Sunset Park. (Recommendation of the Parks Director and Site Review Committee) . 8. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. (Kalispell Sub. Regs. Section 3.12 A). 9. The fire access and suppression system shall comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and placement of fire hydrants and fire flows within the subdivision shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the Fire Department prior to final plat approval. (Uniform fire Code). 10. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both to coordinate and connect with the plan for Raven Rock. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department and Montana Department of Transportation. (Kalispell Sub. Regs. Section 3.06J, 3.09E, 3.11). 11. A pedestrian easement and trail shall be provided from the end of the proposed cul-de- sac extending southerly intersecting the proposed trail described in condition # 18 above. (Kalispell Sub. Regs. Section 3.09E, 3.11). 12. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Sub Regs. Sections 3.09 K(7) & M). #KPP-03-12 Page 8 of 9 13. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Sub. Regs. Section 3.22). 14. That the parkland dedication requirements shall be met by paying cash in lieu of parkland dedication in the amount one -ninth or 11 percent of the area in lots or approximately 7.23 acres. This calculates to $14,310 for cash in lieu of parkland dedication based on a purchase price of $18,000/acre. (Kalispell Sub. Regs. Section 3.19 (A)) 15. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Sub. Regs. Section 3.09 L)). 16. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision shall be completed prior to final plat submittal. With the filing of the final plat for each phase, an additional three-year extension shall be automatically granted for subsequent phases. (Site review). 17. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. (Kalispell Sub. Regs. Section 3.13). 18. That preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Sub. Regs. Section 2.04 (E(7)). #KPP-03-12 Page 9 of 9 KAj ISPELL FIRE DEPARTMENT Randy Brodehl - Fire Chief Jim Stewart - Assistant Chief/Prevention Dee McCluskey — Assistant Chief/Operations TO: TOM JENTZ, DIRECTOR FROM: JIM STEWART, FIRE MARSHAL DATE: SEPTEMBER 26, 2003 312 First Avenue East Kalispell, Montana 59901 (406)758-7760 FAX: (406) 758-7952 SUBJECT: ANNEXATION AND INITIAL ZONING —THREE MILE SUBDIVISION We have reviewed the information submitted on the above -referenced project and have the following comments. 1. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. Single-family homes in excess of 3600 square feet shall be provided with a minimum fire flow of 1500 gpm or more, dependent on square footage and type construction. 2. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. 3. Street designs shall provide for a minimum clear width of 20' for emergency vehicle access. No Parking signage shall be provided as necessary to maintain width. 4. Approved emergency vehicle turnarounds shall be provided at dead-end access roads that exceed 150' in length. This requirement will also need to be addressed during project phasing. 5. Secondary emergency vehicle access shall be provided as required by this department. This requirement will also need to be addressed during project phasing. 6. It should be noted that secondary access phasing of this project directly relates to the secondary access of the Raven Rock project and shall be provided as required by this department. 7. Street names shall be approved by this department. Please contact me if you have any questions. I can be reached at 758-7763. "Assisting our community in reducing, preventing, and mitigating emergencies. " I This application shall be submitted, along with all information required by the applicable Subdivision Regulations and the Montana Subdivision and Platting Act, and the appropriate fee to: Tri-City Planning Office, 17 Second St East, Suite 211 Kalispell, Montana 59901 Phone: (406)751-1850 Fax: (406)751-1858 i Major Subdivision (6 or more lots) Condominiums (6 or more units) Mobile Home Parks 8s Campgrounds (6 or more spaces) Amended Preliminary Plat Subdivision Variance Commercial and Industrial Subdivision SUBDIVISION •gg g ow-mixos g Dwelza Name v na-S J_8 $650 + $30/lot $650 + $30/unit $650 + $30/space $200 $100 (per variance) Add $200 to base preliminary plat fee Phone Mailing Address City _ _ State Zip • • i Name & Address .�•+2���` /..`��/2 �2<3d � it'v" f f��IlSf . LL Name & Address Riak 115 Za (1911 112ELt) fir^- Name & Address City/ County__ (115 ,=IC L IGtZ%P a Street Address _1_'71 - tre.e. Akjam. DY,. Kd-h.6n-e f1 11 T n5lgrl,/ Assessor's Tract No(s) Lot No(s) 1 /4 SecS\� ��! 5E L4 Section �_ Township IS Range x Number of Lots or Rental Spaces 31— Total Acreage in Subdivision 111, C Total Acreage in Lots 'T W 3 Minimum Size of Lots or Spaces �ZS Total Acreage in Streets or Roads Maximum Size of Lots or Spaces Total Acreage in Parks, Open Spaces and/or Common Areas PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family +,0 Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Condominium Industrial Planned Unit Development Multi -Family Other ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS '! z4 4 o of risZelyj W) I wyowulazMTj I r r Roads: Gravel ✓ Paved Curb Gutter Sidewalks Alleys Other Water System: Individual Multiple User Neighborhood ✓Public Other Sewer System: Individual Multiple User Neighborhood _Public Other Other Utilities: Cable TV _Telephone ZElectric Gas Other Solid Waste: Home Pick Up Central Storage Contract Hauler Owner Haul Mail Delivery: Central Individual School District 5 Fire Protection: Hydrants Tanker Recharge Fire District: K a1.. SaQ 11 Drainage System: PROPOSED EROSION/ SEDIMENTATION CONTROL: As n j du ci,; L VARIANCES: ARE ANY VARIANCES REQUESTED? NC (yes/no) If yes, please complete the information below: SECTION/• OF •. HARDSHIP: ILXPLAIN THE HARDSHIP.: • • BE CREATED WITH STRICT COMPLIANCE OF • PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: tiA PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPAC'_��LPRKCW_TDMX BELOW: 2 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? NJ 1A 5. What other conditions are unique to this property that create the need for a variance? A 3 The subdivider shall submit a complete application addressing items below to the Tri- City Planning Office at least thirty (30) days prior to the date of the meeting at which it will be heard. 1. Preliminary plat application. 3. One reproducible set of supplemental information. (See Appendix A of Subdivision Regulations for the city where the subdivision is proposed.) 4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size. 5. Application fee. 6. Adjoining Property Owners List (see example below): Assessor# Sec-Twn-Rng Lot/Tract No Property Owner & Mailing Address I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and de t process. p ' � O (App V ant) ( (ate) As approved by the TCPB, Effective 05/01/03 0 CITY OF KALISPELL, MONTANA SUBDIVISION REGULATIONS ii�hli7►i THREE MILE SUBDIVISION APPLICANT RESPONSES IN ITALICS I. GEOLOGY A. Locate on a copy of the preliminary plat: 1. Any known hazards affecting the development which could result in property damage or personal injury due date to: a) Falls, slides or slumps - soil, rock, mud, snow; There are no known geological hazards on the subject property. b) Any rock outcropping. No danger reduction measures are required. H. SURFACE WATER Locate on a copy of the preliminary plat: A. Any natural water systems such as streams, rivers, intermittent streams, lakes or marshes (also indicate the names and sizes of each). None. B. Any artificial water systems such as canals, ditches, aqueducts, reservoirs and irrigation systems (also indicate the names, sizes and present uses of each) There is an abandon irrigation delivery system that is in disrepair. It appears as the concrete piping served water to adjacent lands that are now subdivisions. C. Any areas subject to flood hazard, or if available, 100 year flood plain maps (using best available in- formation) The subject property is not in the 100 year flood plain according to F.I. R.M panels. III. VEGETATION A. Locate on a copy of the preliminary plat the major vegetation types within the subdivision (e.g. marsh, grassland, shrub and forest). The only vegetation are lawn and pasture grasses. Environmental Assessment Three Mile S»hdivsion B. Describe the amount of vegetation that is to be removed, or cleaned from the site, and state the reasons for such removal. The lot layout shows where the proposed roads will be built. There is a house that will be removed from the area after the life estate has expired C. Describe any proposed measures to be taken to protect vegetative cover. Disturbed areas will be required to be seeded as required by after construction. A. What major species of fish, wildlife, if any, use the area to be affected by the proposed subdivision? None. B. Locate on a copy of the preliminary plat any known important wildlife areas, such as big game winter range, waterfowl nesting areas, habitat for rare and endangered species and wetlands. The property has been residential and so it poses no threat to any of the above. C. Describe any proposed measures to protect wildlife habitat or to minimize habitat degradation. Standard notes can be placed on the Final Plat to alert potential home owners of Wildlife concerns in this area as a method to minimize impacts to wildlife. A. State the acreage, type and agricultural classifications of soils on the site. None. B. State the history of production of this site by crop type and yield. None. C. State the historic and current agricultural uses which occur adjacent to the site. None. All the adjacent use is residential. D. Explain any steps which will be taken to avoid or limit development conflicts with adjacent agricultural uses. None needed. E. If the site is timbered, state any timber management recommendations which may have been suggested or implemented by the USDA Division of Forestry in the area of this proposal. Not applicable because there is not any timber on this property. VI. HISTORICAL, ARCHAEOLOGICAL OR CULTURAL FEATURES Environmental Assessment Three Mile Subdivsion A. Locate on a copy of the preliminary plat any known or possible historic, archaeological or cultural sites which exist on or near the site. None known, the property is currently residential. B. Describe any known or possible sites delineated on the preliminary plat. There are no known sites, none are shown on the plat. C. Describe any measures that will be taken to protect such sites or properties. Not applicable, see B. above. VII. SEWAGE TREATMENT A. Where individual sewage treatment systems are proposed for each parcel: 1. Indicate the distance to the nearest public or community sewage treatment system. The nearest system is the City of Kalispell Water and Sewer which has service available and is currently servicing all the development in the vicinity. 2. Provide as attachments: a) Two copies of the plat which show the proposed suitable location on each lot for a subsurface treatment system and a 100% replacement area for the subsurface treatment system. Show the location of neighboring wells and subsurface systems and the distances to each. None needed. All adjacent property is on City of Kalispell Water and Sewer. b) The results of percolation tests performed in representative areas for drain fields in accordance with the most recent Department of Environmental Quality Bulletin. Each percolation test shall be keyed to a number on a copy of the plat with the information and results provided in the report. The number of preliminary percolation tests required shall be one -forth of the total number of proposed lots and these tests shall be spaced throughout the subdivision in the absence of soil variability. Not applicable. c. A detailed soils description for the area shall be obtained from test holes at least seven feet in depth. The number of test holes will depend upon the variability of the soils. The US Department of Agriculture's Soils Classification System shall be used in the descriptions. Information on the internal and surface drainage character- istics shall be included. Each test hole shall be keyed by a number on a copy of the plat with the information provided for in the report. Not applicable d. A description of the following physical conditions. (1) Depth to groundwater at a time of year when water table is nearest the surface and how the information was obtained. Environmental Assessment Three Mile Subdivsion (2) Minimum depth to bedrock or other impervious material, and how this information was obtained. B. For a proposed public or community sewage treatment system: 1. Estimate the average number of gallons of sewage generated per day by the subdivision when fully developed. 2. Where an exisiting system is to be used: Design Flow: 36 Lots x 300 GPD =10, 800 GPD Annexation to the City of Kalispell is being sought concurrently with this preliminary plat application. It is proposed that city main be extended to serve this project. A letter from the City of Kalispell Public Works Department indicating the ability to serve this project is attached: Sewage treatment fees are based on a base rate of $2.65 per 1, 000 gallons and sewer rate schedules are available from the City of Kalispell, Public Works ice located at 312 I st Ave. East. 3. Where a new system is proposed: a. Attach a copy of the plat showing the location of all collection lines and the location and identification of the basic components of the treatment system. b. If subsurface treatment of the effluent is proposed, give the results of the preliminary analysis and percolation tests in the area of the treatment site. c. Provide a description of the following physical conditions: 1. Depth to groundwater at time of year when water table is nearest the surface and how this information was obtained. 2. Minimum depth to bedrock or other impervious material, and how this information was obtained. d. Indicate who will bear the costs of installation and who will own, operate and maintain the system. Also, indicate the aticpated date of completion. VIII. WATER SUPPLY A. Where an individual water supply system is proposed for each parcel: Environmental Assessment Three Mile Suhdivsion 1. If individually drilled wells are to be used, provide evidence as to adequate capacity and quantity of the water supply. Not applicable. Water to be serviced through City of Kalispell Water and Sewer. 2. If any other method of individaul water supply is to be used:" a. Explain why the alternate form of water supply is proposed instead of drilled wells. Not applicable. Water to be serviced through City of Kalispell Water and Sewer. b. Identify the source of water supply and provide evidence that it is suffeicient quanity and quality to serve the development. 3. Attach two (2) copies of the plat showing the proposed location of each spring, well, cistern, or other water source and indicate the distance to existing or porposed sewage treatment systems. A. Where a public or community water system is proposed: 1. Estimate the number of gallons per day required by the development (including irrigation, if applicable). 2. Where an existing system is to be used: Extension of City of Kalispell water main is proposed Given a peak daily demand of 600 GPD per lot including irrigation, total demand will be 21,600 GPD. Water usage base rate is S2.65 and S1.39 per 1000 gallons. Water rate schedules are available from the City of Kalispell, Public Works Office located at 3121st Ave. East. 3. Where a new system is to be used: a. Provide evidence that the wate supply is adequate in quanity, quality and dependability. b. Indicate who will bear the costs of installation, when it will be completed and who will own, operate and maintain the system. c. Attach a copy of the plat showing the proposed location of the water source and all distibution lines. IX. SOLID WASTE A. Describe the proposed method of collecting and disposing of solid waste. Upon annexation, the development will fall within the City of Kalispell solid waste collection area. Residential solid waste residential service rates are $80.00/year - assessed to property taxes. B. If central collection areas are proposed within the subdivision, show location. Curb side pickup is proposed. Environmental Assessment Three Mile Subdivsion C. If use of existing collection system is proposed, describe: Not applicable. MAIMEN-ITIMMUN A. Streets and Roads 1. Describe any proposed measures for disposing of storm run-off from streets and roads. Storm drainage is to be handled on site. Drainage from the asphalt surfaces will be collected at a catch basin and piped to oil and sediment separator tanks. These separator tanks will then discharge to filter cloth wrapped subsurface rock trenches and a disposal bed. These will be designed to Circular DEQ 8 Standards for a 10 year, six hour storm. Roof drainage will be either allowed to percolate or will be connected to this system where appropriate. Design standards for the development will accomdate the storm drain. 2. Indicate the type of road surface proposed. Paved parking and common parking approaches are shown on the lot layout.. 3. Describe any proposed facilities for stream and drainage crossings (i.e. culverts) Not applicable. B. Other areas. Undisturbed ground will retain the existing natural drainage system. 1. Describe how surface run-off will be drained or channeled from lots or common areas. 2. Indicate if storm run-off will be drained or channeled from lots or common areas. 3. Describe any proposed sedimentation and erosion controls to be utilized both during, and after, construction. 4. Attach a copy of the plat showing how drainage on lots, road and other areas will be handled (include sizes and dimensions of ditches, culverts, etc.) A. Estimate how much daily traffic the development, when fully developed will generate on existing or proposed roads providing access to the development. Environmental Assessment Three Mile Suhdiv-,ion It is estimated that 36 lots will generate an additional 360 vehicle trips per day or 10 vehicle trips per unit. It is estimated that an additional 50 vehicles will be generated during the peak hour. 1. Discuss the capability of existing and proposed roads to safely accommodate this increased traffic (e.g. conditions of the road, surface and right of way widths, current traffic flows, etc.) A detailed traffic study was not performed however, the proposal should not significantly impact Three Mile Drive since it is design as an collector for Highway 93. All access will be off North Riding Road which is paved and maintained 2. Describe any increased maintenance problems and costs that will be caused by this increase in volume. The maintenance cost for all dedicated rights of way in this proposal will be offset by a property tax assessment by the City of Kalispell B. Indicate who will pay the cost of installing and maintaining dedicated and/or private roadways. The Developer will pay the cost of installing all dedicated roads. Once the plat is accepted by the city council all maintainence will by completed by the City of Kalispell. C. Describe the soil characteristics, on site, as they relate to road and building construction and measures to be taken to control erosion of ditches, banks and cuts as a result of proposed construction. The soils are sand, sandy loam or loam. These types of soils are excellent soils on which to build a road.. D. Explain why access was not provided by means of a road within the subdivision if access to any of the individual lots is directly from City, County, State or Federal roads or highways. Not applicable E. Is year-round access by conventional automobile over legal rights -of -way available to the subdivision and to all lots and common facilities within the subdivision? Yes. F. Identify the owners of any private property over which access to the subdivision will be provided. None XI. EMERGENCY SERVICES A. Describe the emergency services available to the residents of the proposed subdivision including the number of personnel and number of vehicles and/or type of facilities for: 1. Fire Protections: a) Is the proposed subdivision in an urban or rural fire district? If not, will one be formed or extended. Protection is provided by the City of Kalispellftre deparment. A water main and fire hydrant is adjacent to the propertyfor extentions within the subdivision. All hydrants within this proposal shall be at the direction of the cityfire chief. b) In the absence of a fire district, what fire protection procedures are planned. Environmental Assessment Three Mile Suhdivsion Not applicable. c) Indicate the type, size and ration of any proposed recharge facilities. Will be a condition of approval to be worked out with local fire dept. d) If fire hydrants are proposed, indicate water pressure capabilities and hydrant locations. All fire hydrants will be installed in compliance with acceptable engineering standards in cooperation with the City of Kalispell Fire Chief. Pressures and capabilities are established and maintained by the City of Kalispell Water Department. 2. Police protection City of Kalispell. 3. Ambulance Service City of Kalispell Fire Department 4. Medical Services Kalispell Regional Medical Center B. Can the needs of the proposed subdivision for each of the above services be met by present personnel and facilities? Yes If not what additional expense would be necessary to make these services adequate. F.it1 � . • �T�y A. Describe the educational facilities which would serve the subdivision. It is estimated that the subdivision would add an additional 18 children assuming 0.5 children per lot. The subdivision will be served by the Kalispell School District. The children will most likely range in age from K-12 and would be spread out among the different grades in the K-12 system. B. Estimate number of school children added. See A. above. XIV. ECONOMIC BENEFITS A. Provide the present assessment classifications and range of the total assessed valuation of all land and structures. For the current tax year, the land is valued at $41, 952 and the structures are valued at $61, 065. B. Provide the anticipated assessment classification and range of the total assessed valuation of all structures (at 25% and 90% occupancy - also estimated year of occupancy) Environmental Assessment Three Mile Suhdivsien $6, 600, 000. 00 with 100 % capacity by 2006 C. Provide anticipated revenue increases from fees. Estimated to be from S2000 additional per unit after full build -out, since this property is currently assessed as agricultural land XV. LAND USE A. Describe the existing historical use of the site. Property is currently used as residential. B. Describe any comprehensive plan recommendations and other land use regulations on and adjacent to the site. Is zoning proposed? If located near an incorporated city or town, is annexation proposed? Property is zoned SAG-10. The developer is requesting R3 for30 lots and RA1 for 1 lot. C. Describe the present uses of lands adjacent to or near the proposed development. Describe how the subdivision will affect access to any adjoining land and/or what measures are proposed to provide access. All residential. D. Describe any health or safety hazards on or near the subdivision. None E. Describe any on -site uses creating a nuisance. None. XVI. PARKS AND RECREATION FACILITIES A. Describe park and recreation facilities to be provided within the subdivision. Developer will deposit cash in lieu offees for parks. There are several city parks in the vicinity. B. List other parks and recreation facilities in the area. The parks in the area include a city park in Sunset. There is also the playground at the Kalispell Junior High School. C. If cash -in -lieu of park land is proposed, state the purchase price or market value. $18, 000 per acre. 1/9`6 of the area or 11 % equals 1.00 acres. The cash value would be $18, 000. XVII. UTILITIES A. Indicate the utility companies involved in providing power, gas or telephone service. Electrical power will be supplied by Flathead Electric Co -Op and telephone service by Centurytel. B. Has preliminary plat been submitted to affected utilities? Environmental Assessment Three Mile Snhdivsinn No. C. Estimate the completion date of each utility installation. Within 2 years of Preliminary Plat approval. f� vironmental Assessment prepar by nd submitted this J day of��� , 2003 4 d e"R. eckenridge, P.L.S. Montana Mapping Associates, Inc. Darren R. Breckenridge, P.L.S. 115 Valley View Drive Kalispell, MT 59903 Tele: 406-752-3539 Environmental Assessment Three Mile Suhdiv.sion Tri-City Planning Office 17 Second Street East— Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@eenturytel.net Iill I it Cal TO: Kalispell City Staff and Other Interested Parties FROM: Tom Jentz; October 14, 2003 - Kalispell City Planning Board Agenda DATE: September 15, 2003 Attached with this memo is information relating to items that will go before the planning board on the above referenced date. 1. A request by Tim Birk for annexation, R-3 and RA-1 zoning and preliminary plat approval of Three Mile Subdivision, a 31 lot residential subdivision on 9.1 acres of land lying on the north side of Three Mile Drive approximately one half mile west of North Meridian Road. The plat would create 30 lots intended for single family development and 1 lot intended for multi -family development. The subdivision would be developed in accordance with the City of Kalispell's design and construction standards. The preliminary plat is being submitted in conjunction with a request for annexation (above 2. A request by Ge " as Development LLO to amend the Kalispell City Zoning Jurisdiction Map from R-3 Single Family Residential to R-S Residential/ Professional Office for a one city block area described as Block 203 of Kalispell Addition 3 within the City of Kalispell. The site contains the former Courthouse East building and lies between 7+h 8s 8th Streets East and 5th & 6th Avenues East on the east side of Kalispell. This zoning designation allow as a permitted use single family and duplex hosing as well as professional offices. 3. A request by Northwest Health-care Corp. for preliminary plat approval of a commercial re -subdivision proposed for the Buffalo Commons development. The applicant proposes to take three existing commercial lots on 3.72 acres and create a total of 5 commercial lots. Lot 3, Block 3, Phase 3 of Buffalo Commons located between Commons Loop and Commons Way would be divided into 2 commercial lots. In addition two eXI'sting lots 3 (% 4, Block 1, Phase 4 of Buffalo Commons w1iich front on Commons Loop would be divided into 3 lots. 4. A request by ACG - Xallspell ;uvestors LLC for preliminary plat approval of Gateway West Subdivision Unit -2, a two lot commercial development. on 1.39 Providing Community Planning Assistance To: C tv of TXalispeil - City of CJlumbia Fails - City of � llitefisia Referrals KPB 10/ 14/03 mtg September 15, 2003 Page 2 acres of land and a retention pond on .62 acres of land on a site located on the north side of US Highway 2 and west of Glenwood Drive at the main (south) entrance to the Gateway West Shopping Center. The two lots would straddle either side of the entrance road into the Mall. The site is zoned B-3 Community Business. S. A request by Foppiano Construction, Inc for an initial zoning designation of R- 3, Single Family Residential upon annexation to the City of Kalispell on approximately 1.0 acre of land located on the east side of Denver Avenue immediately east of the intersection of Phoenix Street in southwest Kalispell. This zoning designation anticipates single-family residences. The property is currently zoned R-1 single family residential in the County zoning jurisdiction. 6. A request by Larry and Arlene Johnson for an initial zoning designation of I-1 Light Industrial upon annexation to the City of Kalispell on approximately a .34 acre tract of land located generally between the Kalispell city airport and US 93 South on the south end of Kalispell. This zoning designation anticipates light industrial uses including airplane hangers. The property is currently zoned B-2 General Business in the County zoning jurisdiction. The property proposed for annexation and zoning can be described as Parcel B of Certificate of Survey 8340 located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. These items will go before the Site Development Review Committee in the Kalispell Building Department beginning at 10:00 a.m. on the following dates: • September r u September 25, 2003 Final • ra u r - . ,,. conditions These matters will go before the Kalispell City Planning Board on Tuesday, October 14, 2003 for public hearing. Please bring your comments to the above referenced site review committee meeting(s) or submit your comments in writing or by phone, prior to September 25, 2003 so that they can be incorporated into the staff report to the planning board. You can reach me at 751-1351. If you need additional information regarding any of these items, please call me. Thank You for taking the time to review and comment on these items. Referrals KPB 10 / 14/ 03 mtg September 15, 2003 Page 2 c: w/ attachments: Jim Stewart, Fire Dept. Mike Baker, Parks and Rec Chris Kukulski, City Manager PJ. Sorenson, Zoning Administrator Roger Kraus, Police Dept. Frank Castle, Civil Engineer Jim Hansz, Director Public Works Sandy Wheeler, Community Redevelopment Susan Moyer, Community Development Director Craig Kerzman, Chief Building Inspector Charles Harball, City Attorney Steve Herzog, MDOT Charlie Johnson, Co. Rd. Superintendent Applicant / Owner H: \... \AGREF\KALISPELL\-EPB 10-14REF.DQC No 743`= — • NOTIGE-017' PUBT IG' HEARING;' KALISPELL. " lTY` IQ Go 1. A request by Tim ;Birk on behalf of Tho- mas and Shirley Jones for an initial zoning des- ignation upon annexa- tion to the City of Kalis- pell of R-3, Single Fami- Ig Residential on ap- proximately 7.7 acres and RA-1, Low Density Residential Apartment on approximately 1.4 -acres located on the ,north side of Three Mile Drive approximately -one-half mile west of North Meridian Road. This zoning designation anticipates single-family ,.in the R-3 area and sin- gle-family, duplex and multi -family in the RA-1 area. The property is "currently in the County .zoning jurisdiction and fs zoned SAG-10, a Suburban Agricultural zoning designation. A preliminary plat for 31 lots as described below ins being filed concur- rently with the annexa- tion and zoning request. ;The property proposed for annexation and zon- ihg can be described as Tract 1 of Certificate of Survey 9693 and the immediately abutting portion of Three Mile .Drive located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 2. A request by Tim Birk for preliminary plat approval of Three Mile Subdivision, a 31-lot residential subdivision on 9.1 acres of land ly- ing on the north side of :Three Mile Drive ap- proximately one half `mile west of North Meri- ,dian Road. The plat would create 30 lots in - `tended for single-family ;development and 1 lot intended for multi -family development. The sub- division would be devel- oped in accordance with the City of Kalispell's .design and construction standards. The prelimi- nary plat is being sub- mitted in conjunction with the annexation of the property and desig- nation of initial zoning of R-3 Urban Residential and RA-1, Low Density Residential Apartment. 'The property can be de- scribed as Tract ' of Certificate of Surrey 9693 located in Section 1. Township 28 North, Range 22 West, P.M.M., Flathead Coun- ty, Montana. 3. A request by Geli- .nas Development LLC to amend the Kalispell City Zoning Jurisdiction Map from R-3 Single Family Residential to R- 5 Residential/ Professio- nal Office for a one city block area described as Block 203 of Kalispell Addition 3 within the City of Kalispell. The site contains the former Courthouse East build- ing and lies between 7th & 8th Streets East and 5th & 6th Avenues East on the east side of Ka- lispell. This zoning des- ignation allow as a per- mitted use single family and duplex hosing as well as professional offi- ces. _4. A request by North west Healthcare Corp. for preliminary plat ap- proval of a commercial re -subdivision proposed :for the Buffalo Com- mons development. The applicant proposes to take three existing com- mercial lots on 3.72 :acres and create a total ;`of 5 commercial lots. Lot 3, Block 3, Phase 3 of Buffalo Commons lo- cated between Com- mons Loop and Com- inons Way would be divided into 2 commer- cial lots. In addition two existing lots 3 & 4, Block 1;, Phase 4 of Buffalo Commons which front an Commons Loop would be divided into 3 lots. The subdivision Would be developed in accordance with City of Kalispell's design and construction standards. The proposed lots are located within the City of Kalispell in Section 6, Township 28N, Range 22 West, PMM Flathead County, Montana. 5. A request by ACG — Kalispell Investors LLC for preliminary plat ap- proval of Gateway West Subdivision Unit #2, a 'two -lot commercial de- velopment on 1.89 acres of land and a re- tention pond on .62 acres of land on a site located on the north side of US Highway 2 and west of Glenwood Drive at the main (south) entrance to the Gateway West Shop- ping Center. The two lots would straddle ei- ther side of the entrance road into the Mall. The site is zoned B-3 Com- munity Business. The property is generally de- scribed as the southerly portion of Lot 2 of Gate- wav `Nest Addition 34 in Section 12, Township 28N, Range 22 West, PMM Flathead County, '.1ontana. 6. A request by Fop - piano Construction, Inc for an initial zoning des- ignation of R-3, Single - Family Residential upon annexation to the City of Kalispell on approxi- mately 1.0 acre of land located on the east side of Denver Avenue im- mediately east of the in- tersection of Phoenix Street in southwest Ka- lispell. This zoning des- ignation anticipates sin- gle-family residences. The property is currently zoned R-1 single-family residential in the County zoning jurisdiction. The property proposed for annexation and zoning can be described as Tract 2 of Certificate of Survey 11,352 located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 7. A request by Larry and Arlene Johnson for an initial zoning desig- nation of 1-1 Light Indus- trial upon annexation to the City of Kalispell on approximately a .34 acre tract of land locat- ed generally between the Kalispell city airport and US 93 South on the south end of Kalispell. This zoning designation anticipates light industri- al uses including air- plane hangers. The property is currently zoned B-2 General Business in the County zoning jurisdiction. The property proposed for annexation and zoning can be described as Parcel B of Certificate of Survey 8340 located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public in- spection at the Tri-City Planning Office, 17 Sec- ond Street East, Suite 211, Kalispell; MT 59901, and are availa- ble for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and con- cerns known to the Board. Written com- ments may be submit- ted to the Tri-City Plan- ning Office at the above address. prior to the date of the hearing, or contact Tom Jentz. Di- rector, at (406) 751- 1850 for additional infor- mation. /s/Thomas R. Jentz Thomas R. 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Suet e 2 ADD 2 n , NO.10DRIV 1 THREE MILE DR n _ a 5AD f AD1 R 5AB D 24 4CB 11 SAE zRG RA-1 2 z, I 1 SAGA 1,32 z ! i Cu s 2 4 24 i 5AF r 3 —1 A Q 11� 4C r' 4A �— 4 10 VICINITY MAP TIM BIRK PRELIMINARY PLAT FOR "THREE MILE SUBDIVISION 30 SINGLE FAMILY RESIDENTIAL LOTS MULTI -FAMILY RESIDENTIAL LOT ON 9.08 ACRES CONCURRENT WITH ANNEXATION & INITIAL ZONING FILE# PP - Q - ISCE " = 00' �Z_