WS 11/27/06 Annexation, Zoning, PUD & PPCity of Kalispell
Planning Department
17 - 2"d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
SUBJECT: Annexation and Initial Zoning, Planned Unit Development (PUD)
overlay district and Preliminary Plat request for Silverbrook
Estates Subdivision
MEETING DATE: Work Session of November 27, 2006
BACKGROUND: The Kalispell City Planning Board met on November 14, 2006 and
held a public hearing to consider a request by 93 & Church LLC for initial zoning
designations of R-2, R-4 and B-1 upon annexation to the City of Kalispell, a Planned
Unit Development (PUD) and preliminary plat approval for 249 lots on a 325.1 acre
property located north of the City of Kalispell at the intersection of Highway 93 and
Church Drive.
The property proposed for annexation lies at the southwest corner of the intersection
of Highway 93 and Church Drive. The property can be described as Tracts 1, 2, and
3AA within the NE 1/4 of Section 13, Township 29 North, Range 22 West, P.M.M.,
Flathead County, Montana.
At the public hearing Wayne Freeman of CTA spoke in favor of the subdivision as well
as two other members of the public. After the public hearing the board discussed the
proposal and a motion was made to recommend approval of the requested zoning
districts of R-2, R-4 and B-1, approval of the requested PUD for the property subject to
the conditions listed in the staff report and approval of the preliminary plat subject to
the conditions listed in the staff report. The motion passed on a 5 to 1 vote.
This project is scheduled for the Council's work session on November 27th with a
hearing before the Council scheduled for December 4th.
Respectfully ptb fitted,
j
Sean Conrad
Senior Planner
REQUEST• INITIAL ZONINGOF and B-1 UPON ANNEXATION
REPORTSTAFF
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NOVENMER! •
A report to the Kalispell City Planning Board and the Kalispell City Council regarding the
request for initial zoning designations of R-2, R-4 and B-1 upon annexation to the City of
Kalispell, a Planned Unit Development (PUD) and preliminary plat approval for 249 lots
on a 325.1 acre property located north of the City of Kalispell at the intersection of
Highway 93 and Church Drive. A public hearing has been scheduled before the
planning board for November 14, 2006, beginning at 7:00 PM in the Kalispell City
Council Chambers. The planning board will forward a recommendation to the Kalispell
City Council for final action.
BACKGROUND INFORMATION: The property owners have petitioned for annexation
and initial zoning classifications of R-2, Single Family Residential, R-4, Two -Family
Residential, and B-1 Neighborhood Buffer District with a PUD overlay over the entire
ownership. The property is in the County zoning jurisdiction and is zoned AG-40,
Agricultural. The preliminary plat of phase 1, Silverbrook Estates Subdivision, creating
249 single family lots has been filed concurrently with the petition to annex and PUD
request.
This staff report will address all three requests, initial zoning, planned unit development
overlay district and preliminary plat, that the owners are seeking on the property. Each
request will be reviewed with a recommendation and unified set of conditions at the end
of the report on page 27.
A. Petitioner and Owners:
Technical Assistance:
93 &. Church LLC
100 Hathaway Lane
Kalispell, MT 59901
(406) 756-8077
CTA Architects Engineers
10180 Cottonwood Road
Bozeman, MT 59718
Moore Engineering, PLLC
100 Emerald Drive
Billings, MT 59105
F&H Land Surveying, Inc.
144 Second Street East, Ste 201
Whitefish, MT 59937
B. Location and Legal Description of Property: The property proposed for
annexation lies at the southwest corner of the intersection of Highway 93 and
Church Drive. The property can be described as Tracts 1, 2, and 3AA within the
NE 1/4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead
County, Montana.
C. Existing Land Use and Zoning: The property is currently in the County zoning
jurisdiction and is zoned AG-40, Agricultural, a zoning designation that has a 40-
acre minimum lot size requirement. The purpose of the AG-40 zoning district is to
protect and preserve agricultural land for the performance of a wide range of
agricultural functions. It is intended to control the scattered intrusion of uses not
compatible with an agricultural environment, including, but not limited to,
residential development. The majority of the property is currently being used for
agricultural production. There is an existing abandoned house located in the
southeast corner of the site.
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North: Agricultural land including a 240 acre conservation easement, a race
track and'Majestic Arena; County AG-40 and SAG-5 zoning
East: Single-family homes and commercial businesses; County SAG-10
and County B-1 zoning
South: Single-family homes and agricultural land; County SAG-10
and AG-40 zoning.
West: Agricultural land; County AG-40 and West Valley Zoning District
zoning
E. General Land Use Character: The area can be described as largely agricultural
in nature however there are existing commercial businesses along sections of
Highway 93 east of the project site. No residential subdivisions are located in the
immediate area of the project site. The closest residential developments are
located approximately 1/2 mile south of the project site.
F. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
Private contractor
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
CenturyTel
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
City of Kalispell
The project involves 325 acres of land bounded on the north by Church Drive, the
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east by US 93, on the west by the Stillwater River and a farmstead belonging to
the property owner who sold the subject site to the developer and to the south by
a 5 lot subdivision and farmland. The applicants propose an upscale mixed use
project to be developed in 2 phases. The first phase encompassing the southerly
160 acres would include 249 single family lots averaging 1/4 to 1/2 acre in size. The
second phase will include an additional 217 single family lots across the balance
of the property. In addition, in the very northeast corner of the site near the
Church Drive intersection the applicants propose 120 town homes (two unit
configurations) forming a ring or buffer around 12 neighborhood commercial lots
averaging in size from 8,400 square feet to 17,000 square feet with one
commercial lot at 39,000 square feet in size.
The applicant proposes to give, as part of phase 1, a 2 1/2 acre fire station site on
Church Drive in compliance with our overall fare station planning criteria. They
propose to upgrade the entire length of Church Drive to city standards where it
abuts their subdivision. The applicants proposed 3 access points out on to
Church Drive and plan to take advantage of the new interchange at Church and
93 targeted for completion in 24 months. They propose to restrict all access
directly onto US 93 except for one primary access at the southernmost corner of
the project site. All streets within the subdivision will equal or exceed city
standards. The applicants propose to provide significant buffering along US 93
including 100 - 240 feet of greenbelt containing an 8 foot high meandering
landscaping berm and a 12 foot wide public bike path. They also propose an
integrated trail system connecting a series of small open spaces as well as a large
open space along the Stillwater River system. The trails will be open to public
use. All development will be set back from the top of the Stillwater River bank, no
development is proposed below the top of the embankment.
rEVALUATION BASED ON • • - MTML ZONIINGAND
PROPOSED PUD OVERLAY
The statutory basis for reviewing a change in zoning is set forth by 76-2-303,
M.C.A. Findings of fact for the zone change request are discussed relative to the
itemized criteria described by 76-2-304, M.C.A. and Section 27.30.020, Kalispell
Zoning Ordinance.
1. Does the requested zone comply with the growth policy?
On August 7, 2006 the Kalispell City Council adopted resolution 5129B which
amended the Kalispell Growth Policy Future Land Use map north to the
intersection of Highway 93 and Church Drive. On the amended land use map the
325.1 acre project site is designated Neighborhood Commercial in the northeast
corner of the site surrounded by a narrow band of High Density Residential with
the remaining acreage of the project site designated Suburban Residential with
typical densities of up to 4 units/acre.
The zoning designations being proposed for the 325.1 acre project site are R-2,
Single Family Residential which matches the suburban residential Growth Policy
map designation, R-4, Two -Family Residential which matches the area of the
growth policy map designated as High Density Residential at the corner of Church
and 93; and B-1, Neighborhood Buffer District which matches that portion of the
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growth policy map designated as neighborhood commercial at the corner of
Church and 93.
The R-2 zoning district is intended primarily for detached single-family dwellings.
It has a minimum lot size requirement of 9,600 square feet and a minimum lot
width of 70 feet. Setbacks are 20 feet in the front and 10 feet on the sides and
rear.
The vast majority of the 325.1 acre project site is designated Suburban
Residential on the Kalispell Growth Policy Future Land Use Map dated August 8,
2006. The Kalispell Growth Policy 2020, Chapter 3, Policy 9 states in part that
suburban housing densities should not exceed two to four dwellings per gross
acre. Subsection b of Policy 9 further states that the suburban residential
designation is intended to reduce density and development impacts in sensitive
areas and existing rural neighborhoods. The proposed R-2 zoning district limits
the land uses to primarily single-family residences with a density of
approximately 3.5 dwelling units per gross acre. The proposed R-2 zoning district
can be found to comply with the Suburban Residential land use designation and
implement the policies regarding Suburban Housing as found in Chapter 3 of the
Kalispell Growth Policy.
The R-4, Two -Family Residential, zoning district allows both single-family
residences and duplexes as permitted uses. The minimum lot size for the district
is 6,000 square feet and a minimum lot width of 50 feet with setbacks of 15 feet
in the front, 10 feet in the rear and 5 feet on the sides.
Highway 93 North Growth Policy Amendment, Policy Number 5 states,
"Neighborhood commercial areas would in turn be buffered from lower density
and intensity residential areas through the use of higher density residential uses
and office uses." The northeast corner of the project site is designated
Neighborhood Commercial with a band of High Density Residential surrounding
it. The proposed R-4 zoning district implements the desired types of land uses
within this portion of the property and policy 5 of the Highway 93 North Growth
Policy Amendment.
The B-1, Neighborhood Buffer District, zoning district is a business district to
provide certain commercial and professional office uses where such uses are
compatible with the adjacent residential areas. This district is also intended to
provide goods and services at a neighborhood level. The minimum lot size for the
district is 7,000 square feet and a minimum lot width of 60 feet with setbacks of
20 feet for the front and rear property boundaries and 5-feet on the side property
boundaries.
Highway 93 North Growth Policy Amendment, Policy Number 4 states,
"Neighborhood commercial should be used as a means to buffer key intersections
and to meet immediate local needs, not to serve as a destination shopping area."
The proposed B-1 zoning district is proposed in the northeast corner of the project
site in relation to the Neighborhood Commercial land use designation as shown
on the Kalispell Growth Policy Future Land Use Map dated August 8, 2006. The
proposed B-1 zoning district implements the desired types of land uses within this
portion of the property and policy 4 of the Highway 93 North Growth Policy
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Amendment. In addition, development of the B-1 zone is proposed to occur in a
latter phase as the area develops, not in the initial stages where it would have to
survive off of outside users.
Based on the above cited policies in the Kalispell Growth Policy, the requested
zoning districts can be found to comply with the existing land use designations
and the growth policy.
2. Is the requested zone designed to lessen congestion in the streets?
It can be anticipated that the proposed zone change of the property will increase
traffic impacts in the area due to the relatively low density of the area currently and
the relatively higher density allowed under the proposed zoning districts. Traffic
impacts to the area can be accommodated with the existing roadway systems at hand
and the new internal roads that will be developed as part of the subdivision on the
project site. The proposed zoning carries with it the checks and balances, including
the need for subdivision review, which will insure that traffic flows and access are
appropriately addressed. The potential densities afforded by this zone will the subject
of a specific transportation analysis as part of the subdivision review process and as
such the applicants will be required to mitigate any negative impacts created. In
addition, within the next 24 months MDOT will expand US 93 to a 4-lane
configuration with an interchange at Church Drive.
3. Will the requested zone secure safety from fire, panic, and other dangers?
At the time this property is developed, the property owners will be required to
insure that there is adequate infrastructure in the case of an emergency. There
are no features related to the property which would compromise the safety of the
public. New construction will be required to be in compliance with the building
safety codes of the City which relate to fire and building safety. All municipal
services including police and fire protection, water and sewer service is available
to the property and will be utilized at the time another lot is created in the future.
4. Will the requested zone promote the health and general welfare?
The requested zoning classifications will promote the health and general welfare
by restricting land uses to those which would be compatible with the adjoining
properties and provides a place for new housing in the community.
5. Will the requested zone provide for adequate light and air?
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell Zoning Ordinance to insure adequate light and air
is provided.
6. Will the requested zone prevent the overcrowding of land?
As previously noted, this area has been anticipated for residential and limited
commercial development. The anticipated densities of the proposed zoning
districts fall within the land use designations for the site. All public services and
facilities will be available to serve this property. An overcrowding of land would
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occur if infrastructure were inadequate to accommodate the development in the
area. This is unlikely to occur.
7. Will the requested zone avoid undue concentration of people?
An increase in the number and concentration of people in the area will likely result
after this land has been converted from County agricultural zoning to a more
intensive residential and commercial use. However, the intensity of the uses of the
property would be in direct relationship to the availability of public services, utilities
and facilities as well as compliance with established design standards. The design
standards and availability of utilities would provide the infrastructure needed to
insure that there will not be an overcrowding of the land or undue concentration of
people. Minimum lot standards and use standards as well as subdivision
development standards will avoid the undue concentration of people at the time
the property is further developed.
8. Will the requested zone facilitate the adequate provision of transportation water,
sewerage, schools, parks, and other public requirements?
.Public service, facilities and infrastructure would be made available to the developer.
The developer would need to extend the needed City services that are not currently
extended to the property at the developers' expense and in accordance with the City's
policies and standards. New improvements to the property such as roads, water,
sewer, parks and drainage would be installed in accordance with City policies and
standards at the developers' expense thereby insuring that there is adequate
provision of services to the site prior to development. Fire, police, ambulance and
public access are adequate to accommodate potential impacts associated with the
development of this site. There will be impacts to services that can be anticipated as
a result of this proposal which can be met by the City. All public services and
facilities are currently available or can be provided to the property.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The 325.1 acre site is fairly level throughout with a small drainage bisecting the
site from east to west. The drainage flows west into a small wetlands area
adjacent to the Stillwater River. The Stillwater River makes up the western
boundary of the project site. The higher density zoning, the proposed R-4 and B-
1 zoning districts, are located in the northeast corner of the site, well away from
the drainage and river corridor. These more intensive uses are proposed near the
US 93 and Church Drive interchange which will be constructed within 24 months
and which will greatly serve to expedite the movement of traffic on and off of US
93. The proposed R-2 zoning would encompass the majority of the project site
and requires larger size residential lots. As stated previously, Chapter 3, policy
9(b) of the Kalispell Growth Policy states that the suburban residential
designation is intended to reduce density and development impacts in sensitive
areas. The suburban residential designation includes all the areas around the
exiting drainage and areas along the Stillwater River corridor.
Based on the location of the proposed zoning districts and their corresponding
uses and densities, the requested zoning does give consideration to the particular
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suitability of the property for particular uses.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is agricultural in nature today. The proposed zoning
allows this development to address needs within the community for housing and
support services on public services and in reasonable proximity to the City core for
the future. Availability of public water and sewer to the area indicate that this type of
development will continue to occur on the urban fringes of the community to be
developed with similar types of uses as is proposed with this property, i.e. suburban
or urban residential rather than rural or agricultural uses. It appears that the
proposed rezoning gives reasonable consideration to the character of the district.
11. Will the proposed zone conserve the value of buildings?
The development anticipated under the proposed zoning is more intensive than the
land uses currently surrounding the project site. City standards will insure that there
is high quality development which will insure the value of buildings and homes is
protected, maintained and conserved. Value of the buildings in the area will be
conserved because the zoning will promote compatible and like uses on this
property as are found on other properties in the area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Residential and commercial development is encouraged in areas were services
and facilities are available or can be extended to serve such development such as
the subdivision being proposed in conjunction with the annexation and initial
zoning request on this parcel. The proposed zoning is consistent with the growth
policy plan.
M
Project Narrative: Nature of the Request: This is a request for a Planned Unit
Development (PUD) zoning overlay on a 325.1 acre project site requesting City R-2,
Single Family Residential, R-4, Two Family Residential, and B-1, Neighborhood
Buffer District, zoning. The property is currently zoned zoned AG-40, Agricultural.
The property owners have requested annexation into the City of Kalispell with the
initial zoning of R-2, R-4 and B-1. The PUD will be known as Silverbrook Estates
subdivision and consists of 466 single family lots, 120 townhomes and 12
commercial lots.
The PUD application is requesting nine deviations or relaxations from the Kalispell
Zoning Ordinance and Kalispell Subdivision Regulations. The nine relaxations are
as follows:
1. Kalispell Subdivision Regulations, Section 3.07, B (Blocks)
This section specifies that block lengths shall not be less than 300 feet nor more
than 1,200 feet. The owner is requesting to exceed the 1,200 foot block length
proposing blocks up to 2,200 feet in length without a vehicle or pedestrian
crossing.
2. Kalispell Subdivision Regulations, Section 3.11, A (Sidewalks)
This section requires sidewalks on both sides of the street in all residential and
commercial subdivisions. The owner is requesting placing a sidewalk on only one
side of Diamond Peak Loop, a roadway proposed to serve the neighborhood
commercial area of the project.
3. Kalispell Zoning Ordinance, Section 27.07.040 (1) (Minimum lot size in the R-4
zoning district)
This section requires a minimum lot size of 6,000 square feet for new lots created
in the R-4 zoning district. The owners are requesting a minimum lot size of 4,250
square feet.
4. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Minimum yard setbacks in the
R-4 zoning district)
The section requires a front and side corner yard setback of 15 feet. The owner is
requesting this setback be reduced to 10 feet for the front and side corner
property boundaries.
5. Kalispell Zoning Ordinance, Section 27.22.090 (Fences, Walls and Hedges)
This section allows a maximum fence, hedge or freestanding wall height of 42
inches within or boundary the front yard setback. The owner is requesting that a
48 inch tall fence be allowed within or bounding this front setback area in all
areas of the proposed subdivision.
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6. Kalispell Zoning Ordinance, Section 27.13.040 (3) (Minimum yard setbacks in the
B-1 zoning district)
The section requires front and rear yard setbacks of 20 feet. The owner is
requesting this setback be reduced to 5 feet for the front and rear property
boundaries.
7. Kalispell Zoning Ordinance, Section 27.13.040 (5) (Permitted lot coverage in the
B-1 zoning district)
The section permits a maximum lot coverage of 50% in the B-1 district. The
owner is requesting the permitted lot coverage be increased from 50% to 100%.
8. Kalispell Zoning Ordinance, Section 27.26.040 (5) (Joint use of parking facilities)
This section allows the zoning administrator to authorize the joint use of parking
facilities for uses or activities under specific conditions. The owner is requesting
to be allowed to create a "Silverbrook Estates Parking Regulation, Management
Plan and Ordinance" to provide for direction in the planning and design of all
parking facilities within the requested B-1 zoning district of the subdivision.
9. Kalispell Zoning Ordinance, Section 27.27.020 (1) - (6) (standards for loading
berths)
This section provides standards for off-street loading berths. The owner is
requesting an alternative loading berth plan be allowed.
• •IFF!'1111!I1111Fr • • • • ! - • • • • •
The following information and evaluation criteria are from Section 27.21.020(2), of the
Kalispell Zoning Ordinance. The intent of the planned unit development provisions are
to provide a zoning district classification which allows some flexibility in the zoning
regulations and the mixing of uses which is balanced with the goal of preserving and
enhancing the integrity of the neighborhood and the environmental values of an area.
The zoning ordinance has a provision for the creation of a PUD district upon annexation
of the property into the city.
Review of Application Based Upon PUD Evaluation Criteria: The zoning regulations
provide that the planning board shall review the PUD application and plan based on the
following criteria:
1. The extent to which the plan departs from zoning and subdivision
regulations otherwise applicable to the subject property, including, but not
limited to, density, bulk and use, and the reasons why such departures are
or are not deemed to be in the public interest;
As stated above the owners are requesting nine relaxations in the zoning and subdivision
regulations. Below are the nine relaxations requested with the consultants reasoning on
why such departures are deemed to be in the public interest. Planning staff has
provided its comments in italics.
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Kalispell Subdivision Regulations, Section 3.07, B (Blocks)
This section specifies that block lengths shall not be less than 300 feet nor more than
1,200 feet. The owner is requesting to exceed the 1,200 foot block length. The
applicant is proposing 6 blocks between phases 1 and 2 which exceed the 1,200 foot
standard and which range from 1,300 to 2,200 feet in length. The application states
that the applicant believes that the longer blocks are necessary to create the overall
design intent and that longer blocks do not negatively impact the adjacent properties
or internal lots within the subdivision. Pedestrian connections and vehicular access
is provided that mitigates any concerns with connectivity within the subdivision.
The Kalispell Growth Policy, Chapter 8, Urban Design, Historic and Cultural
Conservation, Goal 2 states, "Encourage design that is consistent with and contributes
to the character of the area and that promotes safe and accessible pedestrian access
and movement." Although the developer should be commended for the pedestrian and
bike trail system proposed throughout the subdivision, in order to comply with this goal
of the growth policy pedestrian pathways should be located either midway on blocks
exceeding 1,200 feet in length or in the area of the block exceeding 1,200 feet which
would provide the best connectivity to surrounding streets or pedestrian/bike paths.
2. Kalispell Subdivision Regulations, Section 3.11, A (Sidewalks)
This section requires sidewalks on both sides of the street in all residential and
commercial subdivisions. The owner is requesting placing a sidewalk on only one
side of Diamond Peak Loop, a roadway proposed to serve the neighborhood
commercial area of the project. By placing a sidewalk on only one side of the loop
road, a green space in the interior of the loop could be provided. The green space
offers no building or services and functions more as a significant landscape feature.
As this relaxation would apply to only one street in the commercial area of the proposed
subdivision it would make sense because functionally a sidewalk surrounding a green
space would have little purpose other than taking up more of the green space provided.
3. Kalispell Zoning Ordinance, Section 27.07.040 (1) (Minimum lot size in the R-4
zoning district)
This section requires a minimum lot size of 6,000 square feet for new lots created in
the R-4 zoning district. The owners are requesting a minimum lot size of 4,250
square feet.
The consultants have clarified that the minimum lot size of 4,250 square feet would be
for one townhome. Section 27.22.130(1)(b) of the Kalispell Zoning Ordinance states
that in no case shall a sublot have an area less than 2, 000 square feet nor more than
one dwelling unit thereon. As the owners are proposing to construct only one
townhome on a 4,250 square foot lot or sublot as the zoning code would define it, the
proposed plans meet the zoning code requirements of Section 27.07.040 (1).
4. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Minimum yard setbacks in the R-
4 zoning district)
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The section requires a front and side corner yard setback of 15 feet. The owner is
requesting this setback be reduced to 10 feet for the front and side corner property
boundaries. The owners are requesting this reduction in order to allow the
townhomes to be placed closer to the street in order to have more interaction with the
streetscape and the pedestrian interface. In addition, it would allow the lot to be
more buildable, with less green space to maintain and appealing to a "low
maintenance" buyer.
The Planning Department would encourage house oriented streets instead of garage
oriented streets and staff would agree that reduced setbacks would provide for better
interaction with surrounding homes, the streetscape and pedestrian traffic. The
Planning Department recommends however that garages be set back a minimum of 20
feet and the 10 foot setback only apply to the house. It should be noted that by
reducing the lot setbacks this will not in turn increase the lot coverage on the R-4 lots
thus allowing the lot to be more buildable with less green space to maintain.
5. Kalispell Zoning Ordinance, Section 27.22.090 (Fences, Walls and Hedges)
This section allows a maximum fence, hedge or freestanding wall height of 42 inches
within or bordering the front yard setback. The owner is requesting that a 48 inch
tall fence be allowed within or bounding this front setback in all areas of the
proposed subdivision. The CC&R's and design regulations for the subdivision will
insure that the fences are not solid and are constructed to the specifications listed in
the design regulations. The application states that the fence is meant to provide a
visual separation rather than a physical barrier to adjacent areas.
The Planning Department does not have an issue with the slight increase in height.
However, the height increase would only apply to fences, not hedges or walls and the
fence could not be solid.
6. Kalispell Zoning Ordinance, Section 27.13.040 (3) (Minimum yard setbacks in the B-
I zoning district)
The section requires front and rear yard setbacks of 20 feet. The owner is requesting
this setback be reduced to 5 feet for the front and rear property boundaries. The
intent is to provide a more "urban' street interface with store frontages and create a
streetscape that is pedestrian friendly and accessible for walking and shopping
comfortably. The reduced setbacks will also allow the commercial lots to be situated
directly adjacent to key pedestrian plazas and gathering areas or open space.
The Kalispell Growth Policy, Chapter 8, Urban Design, Historic and Cultural
Conservation, Policy 5 states, "Encourage the design of urban public spaces such as
local streets and public squares to be central areas framed by buildings, creating a
visual quality of partial enclosure." The intent of the reduce setbacks would appear to
meet this policy.
7. Kalispell Zoning Ordinance, Section 27.13.040 (5) (Permitted lot coverage in the B-1
zoning district)
The section permits a maximum lot coverage of 50% in the B-1 district. The owner is
requesting the permitted lot coverage be increased from 50% to 100%. The
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application notes that the increased lot coverage would allow the buildings to be
situated directly adjacent to the pedestrian streetscape, plazas, and open space. This
will create a tight knit pedestrian oriented commercial area.
The purpose of the 50% lot coverage is to allow the building and associated parking
and landscaping to be included wholly within the individual lot. The owner is trying to
create a downtown similar to that of downtown Kalispell. Buildings placed at the edge
of the sidewalk with parking lots dispersed throughout the downtown area. The
owners are also seeking to create a parking district to serve the commercial area of the
subdivision. To compensate for the trade off of increased lot coverage on the B-1 lots,
the Planning Department would recommend the minimum landscaping and screening
requirements for parking areas be increased from 5% to 10%. Furthermore, at the time
the owners apply for Phase IT of the subdivision plat, which includes the neighborhood
commercial area, a preliminary parking lot layout plan and landscaping plan shall be
submitted. The plan shall show how the minimum 10% landscaping requirement is
being accomplished.
8. Kalispell Zoning Ordinance, Section 27.26.040 (5) (Joint use of parking facilities)
This section allows the zoning administrator to authorize the joint use of parking
facilities for uses or activities under specific conditions. The owner is requesting to
be allowed to create a "Silverbrook Estates Parking Regulation, Management Plan
and Ordinance" to provide for direction in the planning and design of all parking
facilities within the requested B-1 zoning district of the subdivision.
The Silverbrook Estates Parking Regulation, Management Plan and Ordinance states
that the purpose of the plan is to provide a unified approach to the construction,
maintenance and management of parking within the commercial area of the
subdivision. Its purpose is to also provide surface parking that meets the needs of the
Silverbrook Estates development without building large areas of underutilized parking.
However, the parking regulations specifically require each use in the proposed
commercial area meet the minimum parking requirements as specified in Section
27.26.050 of the Kalispell Zoning Ordinance. Planning staff would only recommend
that the Silverbrook Estates Parking Regulation, Management Plan and Ordinance be
amended to incorporate the use of pedestrian walkways within the parking areas to
provide for needed connectivity between the commercial buildings and the sidewalk or
bicycle pathways surrounding the commercial area.
9. Kalispell Zoning Ordinance, Section 27.27.020 (1) - (6) (standards for loading berths)
This section provides standards for off-street loading berths. The owner is requesting
an alternative loading and berth plan be allowed.
The Silverbrook Estates Parking Regulation, Management Plan and Ordinance, Section
6.0, Standards, provides a number of standards including the dimension and design
layout of loading docks or off-street loading berths. The Planning Department would
recommend that the owner be allowed to provide alternative standards for off-street
parking including loading berths within their parking regulation, management plan and
ordinance, however final approval of all standards within this parking regulation,
management plan and ordinance shall be approved by the City of Kalispell. These
standards will need to be approved prior to any final plat approval for the commercial
12
ram,"
2. The nature and extent of the common open space in the planned development
project, the reliability of the proposals for maintenance and conservation of
the common open space and the adequacy or inadequacy of the amount and
function of the open space in terms of the land use, densities and dwelling
types proposed in the plan;
The entire project site is 325.1 acres and the proposed subdivision would create 120
townhouse lots, 466 single family residential lots and 120,000 square feet of commercial
area within 12 commercial lots and one 2 1/2 acre lot for a future fire station. The first
phase of the subdivision consists of 249 single family lots and the fire station lot. The
249 lots within the first phase of the subdivision would range in size from approximately
1/4 acre to 1/2 acre in size and include an area of 160.2 acres. The overall density within
the first phase of the project would be 1.5 dwelling units per acre. The second phase of
the subdivision would add an additional 217 single family lots ranging in size from 1/4
acre to 1/2 acre in size, 120 townhouse lots and 12 commercial lots. The residential
density in phase 2 of the project would be 2 dwelling units per acre.
F&H Surveying compiled the amount of open space proposed throughout the 325.1 acre
project site. They broke up the open space into two categories, suitable (those areas
outside the 100-year floodplain and with slopes less than 20%) and unsuitable (those
areas within the 100-year floodplain and with slopes greater than 20%). For phase 1
there is a total of 30.44 acres of open space, 19.61 acres of suitable open space and
10.83 acres of unsuitable open space. Phase 2 includes a total of 49.83 acres of open
space, 22.4 acres of suitable open space and 27.43 acres of unsuitable open space.
Therefore, the overall plan calls out 80.2 acres or approximately 25% of the site in open
space. Within the open space areas, both suitable areas and unsuitable areas, the
owners are proposing a bike and pedestrian path which varies in width from 8-12 feet.
This open space includes a drainage as well as the Stillwater River corridor along the
western edge of the project site. Planning staff would recommend the Planning Board
and Council find that amount of open space areas adequate given the land use type and
density in the proposed subdivision.
It should be noted that included in the suitable open space are the buffer areas along
Highway 93 and the detention areas within the subdivision. The Parks and Recreation
Department has stated that at this time it would not consider these areas to be counted
towards the overall parkland dedication required as part of the subdivision.
The PUD application notes that open space areas will be maintained by a property
owners association. The consultants for the project are still working with the Parks and
Recreation Department on the details of the exact path locations and amenities within
the proposed park areas.
3. The manner in which said plan does or does not make adequate provision for
public services, provide adequate control over vehicular traffic and further
the amenities of light or air, recreation and visual enjoyment;
The developer will be required to extend municipal water and sewer to the site. The lines
will be sized to serve not only this development, but also the full build out for the
surrounding area. Church Drive, located along the north end of the property, will be
13
required to be upgraded to current City standards including widening of the roadway
and the installation of curb and gutters and along the south side a landscape boulevard
and sidewalk. The developer will be required to develop the utilities in accordance with
the Kalispell Standards for Design and Construction. Additionally, the new roadways to
be constructed within the residential portion of the development will meet or exceed the
design standards for streets found in the Kalispell Subdivision Regulations. This will
enable on -street parking to occur however, as part of future home construction on the
site, two off-street parking spaces will be required per dwelling unit.
In the commercial area of the PUD the owner is requesting to create a special parking
and maintenance district in order to serve the future commercial businesses. The
parking district would provide for adequate off-street parking in the immediate area of
the commercial area however, with the small scale of commercial retail that could locate
in the proposed B-1 zone, and the close proximity of homes to the commercial area, it is
more likely that pedestrian or bicycle traffic will occur in this area than heavy vehicular
traffic.
The proposed zoning districts of R-2, R-4 and B-1 all have limitations on height and
building setback requirements. Therefore, standards are already in place to insure that
adequate light and air are achieved throughout the PUD development.
The proposed parkland and open space areas are discussed above in section 2 which
provide the recreation component of the PUD and accompanying subdivision. Adequate
provisions are made for the visual enjoyment of the PUD project by way of setbacks and
buffers from both the Stillwater River corridor and a drainage running through the site.
The owners have included design criteria for homes and businesses locating within the
development. These design features and construction standards will help to provide a
visually pleasing project.
4. The relationship, beneficial or adverse, of the planned development project
upon the neighborhood in which it is proposed to be established;
The project is proposed in a rural area of Flathead County with limited residential
density in the immediate area. There are several businesses located along Highway 93
however there are no immediate neighborhoods that this subdivision would impact. The
site is somewhat buffered. To the west lies the Stillwater River as well as a single
farmstead which belongs to the individual who sold this land to the current developer.
To the northwest lies a 240 acre agricultural conservation easement. To the immediate
north lies farmland and just beyond the Race Track and Majestic Arena. To the east the
site is buffered by US 93 currently being widened to a 4-lane configuration.
5. In the case of a plan which proposes development over a period of years, the
sufficiency of the terms and conditions proposed to protect and maintain
the integrity of the plan which finding shall be made only after consultation
with the city attorney;
The developers are anticipating that the project would be in two separate phases over
the course of four years. The PUD application notes that phase 1 improvement would be
installed during the summer of 2007. Phase 2 improvements would be installed during
the summer of 2008 and completed by the summer of 2010.
14
Part of the requirements of PUD is that the developer would enter into an agreement
with the City of Kalispell to adequately insure that the overall integrity of the
development, the installation of required infrastructure, architectural integrity and
proposed amenities are accomplished as proposed.
6. Conformity with all applicable provisions of this chapter.
No other specific deviations from the Kalispell Zoning Ordinance can be identified based
upon the information submitted with the application other than those addressed in the
beginning of this report.
15
rr 1211,1XVIONr it • • r7 51'•)
• - : - • • )M to)
This application is reviewed as a major subdivision in accordance with statutory
criteria and the Kalispell City Subdivision Regulations. Phase 1 includes the
southerly 160 acres of this 2 phase project, would be zoned single family R-2 and
proposed 249 single family lots ranging is size from 1/4 to 1/2 acres in size.
A. Effects on Health and Safety:
Fire: This subdivision would be in the service area of the Kalispell Fire
Department once annexed to the City. The property would be considered to be at
low risk of fire because the subdivision and homes within the subdivision would
be constructed in accordance with the International Fire Code and have access
which meets City standards. All of the lots within phase 1 will abut a street that
has been constructed to City standards. Hydrants will be required to be placed in
compliance with the requirements of the International Fire Code and approved by
the Fire Marshal. 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.
As development occurs north of the existing city limits of Kalispell the fire
department continues to plan for new fire station locations to serve future
residents of the city. The proposed subdivision would be located approximately
2.5 miles north of fire station number 62 located near the intersection of Highway
93 and Reserve Loop Drive. Phase I will sit at the northern edge of our current fire
service area. As development continues northward the fire department has
looked at potential future fire station sites. To help aid the fire department in it's
ability to locate a future fire station north of the existing city limits, the owners
are proposing to dedicate a 2.5 acre fire station/well site to serve the future
residents in the area.
Flooding: Prior to submitting the subdivision the owners had PBS&J conduct a
detailed flood study. The revised 100 year floodplain is shown on the preliminary
plat and, as the preliminary map indicates, all proposed lots are outside of the
100 year floodplain.
Access: Access to the subdivision is provided by US Highway 93 on the east side
of the subdivision and Church Drive, a County roadway on the north side of the
project site. The Montana Department of Transportation is currently in the
process of widening this portion of Highway 93 from two lanes to four lanes with
on and off ramps to serve Church Drive. This work should be completed in the
next 2 years.
Internally, the subdivision would have one collector roadway, Silverbrook Drive,
connecting with Highway 93 at the southeast corner of the subdivision and
traveling northwest, through the subdivision, and connecting into Church Drive.
Local access roadways to server the individual lots within phase 1 will be
constructed within a 60-foot road right-of-way. An additional future 60-foot road
right-of-way is proposed off of Silverbrook Drive to connect with the agricultural
land immediately south of phase 1.
16
In summary, the development proposes only one access along US 93 at the very
south end lining up with Tronstad Road. The remainder of US 93 would be no -
access. Along the north 3 access points over a distance of 3/4 mile will access onto
Church which ultimately connects to US 93 and the site of a future interchange.
Finally the development proposes a fixture access point at the south end of the
site to serve future development to properties to the south.
Noise: Highway 93 is located on the east side of the proposed subdivision. In
order to mitigate noise impacts associated with the highway the owners are
proposing a buffer with widths varying between 100 feet to 240 feet. Within this
buffer the owners are proposing to construct an earth berm approximately 8-10
feet high as well as planting a vegetative buffer for visual screening and a 12-foot
bike/pedestrian trail running the length of the highway buffer.
The Highway 93 North Growth Policy Amendment, Policy 1 states, "Gateway
Entrance Corridors (areas of special concern) would extend up to 150 feet of
either side of the existing R/W for primary highways and up to 50 feet for
secondary highways." Policy 2.a of the Highway 93 North Growth Policy
Amendment identifies this section of Highway 93 as being within a gateway
entrance to Kalispell.
Policy 3.i of the Highway 93 North Growth Policy Amendment provides the
following requirements for land within the gateway entrance corridor where the
adjacent gateway road speed is posted above 45 mph:
i. A minimum 100 - 150 foot impact area should be provided for major
entrances and a 50 foot entrance for minor entrances.
ii. Within this impact area, a combination of berming, landscaping using live
materials and trees as well as grass, a pedestrian trail system, limited
parking and frontage roads should be incorporated.
The proposed highway buffer includes the buffer setbacks listed above as well as
the landscaping, berming and pedestrian trail system located within the highway
buffer area.
The Montana Department of Transportation was contacted to comment on the
proposed buffer from Highway 93. The Highway Department responded that in
order to effectively mitigate noise impacts from the highway any berm or wall
must break the line of sight between the highway and the receiver (dwellings).
This would mean that future homes built on the lots closest to the highway
should not be able to see the highway traffic, including semi -trucks. As the lots
closest to the highway in phase 1 are at roughly the same elevation as the
highway the Highway Department recommends a berm of about 12 feet high. By
providing a berm that breaks the line of sight the Highway Departments letter
notes that the berm would provide at least a 5 decibel level noise difference which
would be noticeable. For second stories the Highway Department suggests that
acoustical architectural measures be considered when designing the home. This
would include placing less sensitive noise rooms (kitchens, bathrooms, laundry
rooms) on the side of the house closest to the highway. Other options would
include reducing the number of doors or windows, installing triple pane windows
and solid wood doors.
Another concern the Highway Department discussed in their letter was the need
17
for the berm barrier to extend past the lots the berm is designed to protect from
noise impacts. If the berm is not sufficiently extended past the lots protected
from the berm then noise from the highway tends to wrap around the berm and
still impact lots which may have a berm between them and the highway. The lots
most likely impacted by this noise wrapping would be the lots located closest to
the intersection of Silverbrook Drive and Highway 93. However, at this
intersection the owners are proposing a setback of 200 feet or more which aids in
the reduction of highway noise due to the larger setback.
The Planning Department would recommend that to mitigate noise from Highway
93 a 12-foot berm be constructed within the proposed buffer as recommended by
the Highway Department. As stated previously, the cross section of the buffer
indicates a berm but the height of the berm appears to be between 8-10 feet high.
The Planning Department would also recommend advising future lot owners
closest to Highway 93 to utilize noise reducing materials in construction of their
homes.
The other potential noise impact in the area of the subdivision is located
approximately one -mile north. The majestic valley arena and adjacent race track
hold racing events and concerts that have the potential to generate noise that may
be irritating to future residents within the subdivision. Therefore, the Planning
Department recommends a note be placed on the final plat notifying residents of
the subdivision of the adjacent arena and race track and noise generated by these
uses can be heard from their property.
Slope Stability: The high banks of the Stillwater River are prone to sloughing and
slides. The slippages typically occur during wet cycles or in times of significant
surface water events. Water soaks or trickles down through the soil until it hits
an impervious clay layer. This layer then becomes supper saturated and slippage
occurs. Historically, portions of road bed, stream banks and house foundations
have been severely damaged by these events. The safest precaution is to maintain
the high banks in their natural vegetation versus irrigated lawns and require
building and rear lot setbacks. It is suggested that all lot lines be maintained at
least 50 feet back from the edges of these physical features.
B. Effects on Wildlife and Wildlife Habitat: The Stillwater River is located along
the western edge of the subdivision and travels the length of the western property
boundary of the 325.1 acre project site. In addition, a large drainage is located in
the approximate center of the 325.1 acre project site and flows westward into the
Stillwater River. The 160 acres within phase 1 of the project includes
approximately 800 lineal feet of Stillwater River frontage. Phase 1 abuts the
south side of the drainage for approximately 2,000 lineal feet. The upland portion
of the property where lots are proposed has historically been used extensively as
tilled cropland and therefore this entire portion of the site has been disturbed and
managed for crop land. In the area along the Stillwater River, much of it remains
open and undeveloped except for an irrigation pump house used to draw water
out of the Still Water River to irrigate crops. This area does provide good habitat.
The Montana Department of Fish, Wildlife and Parks (FWP) commented on the
proposed subdivision with their letter stating that presently the stream banks in
this are have healthy riparian vegetation including mature trees and riparian
IN
shrubs. The natural vegetation allows for stable stream banks, creates habitat for
many fish and wildlife species, and provides a natural setting. Based on the
current status of the riparian areas along the river and associated wetlands, FWP
recommends that for a stream the size of the Stillwater River, a minimum of a
200-foot building setback with at least the first 75 feet adjacent to the stream be
protected with natural vegetation. The letter notes that some of the proposed lots
in phase 1 adjacent to the wetlands are within the 200 foot setback.
Chapter 7, The Natural Environment, of the Kalispell Growth Policy 2020 lists the
following Goals and Policies:
ENCOURAGE DEVELOPMENT THAT IS COMPATIBLE WITH OR ENHANCES
NATURAL RESOURCE VALUES INCLUDING AIR, WATER, SOIL AND
VEGETATION.
DEVELOPMENT NEAR ENVIRONMENTALLY SENSITIVE AREAS SHOULD BE
ACCOMPLISHED SO THAT THESE FEATURES ARE LEFT IN A RELATIVELY
UNDISTURBED STATE.
Goal 6
PROTECT WETLAND AND RIPARIAN AREAS SINCE THEY ARE IMPORTANT IN
FLOOD PROTECTION, MAINTAINING WATER QUALITY AND PROVIDING
HABITAT.
Policy 3
Development in environmentally sensitive areas including 100-year floodplain,
wetlands, riparian areas, shallow aquifers and on steep slopes may pose inherent
development limitations and design should be managed to avoid and mitigate
environmental impacts and natural hazards.
Although the owners have provided setbacks for a majority of the lots proposed in
phase 1 which meet the recommended setbacks by Fish, Wildlife and Parks,
several lots located close to the wetlands could have buildings within this 200-foot
setback. In order to meet the above cited goals and policy of the Kalispell Growth
Policy and to maintain the stable slopes which in turn protect water quality, the
Planning Department recommends that the property boundaries of proposed lots
adjacent to the drainage and accompanying wetlands be altered. This alteration
would include a minimum distance of 50-feet from the top of the bank along the
drainage with the contour line designating the top of bank to be determined by
City staff and the developer's consultants. This minimum setback would allow
native vegetation to occur along ht edge of the banks of the drainage.
The CC&R's for Silverbrook establish a 30-foot rear yard setback for the single
family lots adjacent to the Stillwater River Hillside and its tributaries. This
setback exceeds the R-2 zoning district setback which has a rear yard setback of
10-feet with a provision for 5-foot setbacks for accessory buildings. With an
increased setback of 50 feet from the top of the bank along the drainage and a
30-foot building setback for rear yards as required in the Silverbrook CC&R's the
drainage bank stability and water quality would be protected.
19
Information maps obtained from the Montana Department of Fish, Wildlife and
Parks indicate the areas along the Stillwater River corridor to have high densities
of whitetail deer. These areas are also used as winter range for the deer. The
owners are proposing a linear park along the Stillwater River that includes the
adjacent land with development located 200 to 400 feet back from the river. By
placing the land along the Stillwater River into open space and park areas the
proposed subdivision complies with the following policies in the Kalispell Growth
Policy:
Chapter 7, The Natural Environment, Policy 10
Protection of wildlife and wildlife habitat should be encouraged through
conscientious actions such as avoiding loose dogs, feeding large wild animal
species along with maintaining established important habitat areas.
Chapter 7, The Natural Environment, Policy 11
Wildlife travel corridors should be conserved and maintained possibly through
easements or other voluntary restrictions.
A letter from Tim Thier of Montana Fish, Wildlife and Parks states that on a site
visit to the project site that he observed deer, turkeys, Hungarian Partridge, and
claw marks from a black bear. Because of the very prominent presence of wildlife
on the site Mr. Thier recommended steps are taken to minimize attractants such
as garbage, fruit trees and bird feeders. In response, as part of the CC8&R's of the
Silverbrook Estates subdivision, Article 7, Property Use and Required Covenants,
includes pet restrictions, prohibits free roaming of dogs and cats and requires
animal proof garbage containers
Surface and groundwater: The Stillwater River is located on the western edge of
the subdivision. Individual lots within phase 1 would be located anywhere from
200 feet to upwards of 400 feet from the Stillwater River. In addition to the river,
surface waters collected on site flow to a drainage located on the northern end of
phase 1. The water collected in this drainage travels west into the Stillwater
River. Building setbacks as well as detention ponds for the collection and
treatment of stormwater will be incorporated in the subdivision to mitigate
impacts to surface waters.
A Depth to Water Table map dated March 13, 2006 indicates the water table for
phase 1 varies between 10-15 feet below the surface for the lots located along the
western boundary of the subdivision to between 20-50 feet below the surface as
you move east towards Highway 93. Information in the Depth to Water Table was
provided by the Flathead Lakers in consultation with the Flathead Lake Biological
Station.
Planning Department is not recommending any type of mitigation for groundwater
because the subdivision will be served by public water and sewer thereby
minimizing any potential impacts to the groundwater. Also, based on the Depth
to Water Table map, impacts to groundwater due to basements appears to be
minimal if at all.
Drainage: As stated above, a large drainage is located on the northern end of
phase 1; however the majority of the site is relatively flat. Curbs and gutters will
20
be installed with the subdivision and an engineered storm drain management
plan will have to be developed to address the runoff from the site. There is no
storm drain system in the immediate area and storm water will have to be
managed using on -site retention methods as part of an engineered stormwater
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 reviewed and
approved by the Kalispell Public Works Department.
Wetlands: A wetland delineation report was conducted by PBS&,J. The report
noted a wetland fringe of approximately 2 acres in size located in the southwest
corner of phase 1 adjacent to the Stillwater River. This area is proposed to be in
open space in order to limit impacts to it. A wetland area was also noted within
the drainage located on the northern end of phase 1. Lot locations and building
setbacks discussed in section B, Effects on Wildlife and Wildlife Habitat, would
mitigate any potential impacts to this wetland however the main road serving the
entire project site, Silverbrook Drive, is proposed to cross the drainage and
associated wetland. The consultants for the project will be required to contact the
Army Corps of Engineers to determine whether any mitigation is necessary. Any
necessary permits from the Army Corps will be required prior to approval of road
construction plans.
Water: Water service to the subdivision would be provided by the City of Kalispell
and designed and extended in accordance with the Department of Public Works
standards. At this time however, it is uncertain what direction the water lines will
be extended from existing lines in the City to serve this subdivision. A future well
site is also being proposed as part of phase 2.
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 to the subdivision would be provided by the City of Kalispell
and designed and extended in accordance with the Department of Public Works
standards. At this time however, it is uncertain what direction the sewer lines will
be extended from existing lines in the City to serve this subdivision as the city is
reviewing two different routes. 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. The sewer main will be designed to accommodate growth from this
subdivision as well as to accommodate additional capacity for future growth in
the area.
Roads: Phase 1 will be served by a collector roadway, Silverbrook Drive, which
would be constructed to serve the majority of the lots within phases 1 and 2 of the
Silverbrook Estates subdivision. Silverbrook Drive would connect with Highway
93 in the southeast corner of the subdivision and travel northwest, connecting
with Church Drive at the northern end of the overall 325.1 acre project site. The
entire length of Silverbrook Drive will be constructed as part of phase 1.
21
Silverbrook Drive would be constructed within a 100-foot road right-of-way.
Attached roadway profiles indicate Silverbrook Drive would have two 15-foot wide
travel lanes separated by a 16-foot vegetated boulevard strip. Along each side of
the roadway an additional 7-foot boulevard and 6-foot sidewalk would be
installed. A bridge will be constructed where Silverbrook Drive intersects the
large drainage on the north end of phase 1. As the wetland delineation report
noted, a wetland is present at the bottom of the drainage and the Army Corps of
Engineers will need to be contacted prior to bridge construction.
A number of local roads are proposed to serve the individual lots throughout
phase 1. These roads will be constructed to local road standards including a 28-
foot driving surface with boulevards, which vary in width between 6-7 feet, and a
5-foot sidewalk.
Silverbrook Drive is proposed to be the only access point onto Highway 93 for the
entire 325.1 acre project site. By providing only one access point onto Highway
93 for the entire project site and a well developed internal road network, the
development is consistent with the following two policies in the Highway 93 North
Growth Policy Amendment:
Policy 3.b
Access should be coordinated so as to allow only collector or arterial streets to
intersect. The judicious use of right -in right -out approaches, frontage roads and
good internal development street design should be the rule to reduce or eliminate
the need for direct access onto major gateway roads.
Policy 3.c
With the construction of the Church Drive overpass on US 93, every effort must
be taken to fully utilize this interchange and conversely limit direct access onto
US 93 for at least 3/4 mile along areas north and south of this facility to avoid
congestion points and the need for future traffic signals. The judicious use of
right -in right -out approaches, frontage roads and good internal development
street design will mitigate the need for direct access out.
A preliminary traffic impact study was conducted as part of the preliminary plat
submittal for the project. The preliminary traffic study provided the number of
average daily trips and AM and PM peak hour trip numbers for the entire project.
This includes all of the single family and townhomes proposed as part of the
master plan development of the 325.1 acre project site as well as trip estimates
for potential future commercial uses in the northeast corner of the project site.
Using the average daily trip numbers generated by single family detached housing
phase 1 would create approximately 2,440 average daily vehicle trips from the
subdivision. The discussion on trip distribution notes that 25% of the traffic
could be expected to travel north with 65% traveling south. The preliminary
report also notes 7% of the traffic traveling east and 3% traveling west. The trip
distribution section of the preliminary traffic impact study concludes that most
trips are expected to utilize Highway 93.
A letter from Ed Ereth, Montana Department of Transportation (MDT), System
Impact Action Section, states that the Department has begun review of the
22
preliminary traffic impact study however they still require more information to be
submitted. The consultants for the project have contacted MDT and are still in
the process of providing MDT with the information they need. Mr Ereth's letter
concludes by stating that in order for MDT to grant an access permit to Highway
93, the developer will need to complete MDT's Systems Impact Action Process
(SIAP). As a recommended condition of approval the owners would be required to
have an access permit and any conditions or mitigations measures attached to
the access permit completed prior to final plat approval.
Church Drive, located on the northern end of the 325.1 acre project site, is
currently experiencing light volumes of traffic which does not significantly impact
the condition of the road. If the proposed subdivision is improved, it will add
additional traffic on Church Drive that will cause significant impacts to the road.
Therefore, the Planning Department would recommend that at a minimum a
waiver to protest the creation of a special improvement district for upgrading
Church Drive to City standards should be required as a plat condition.
Schools: This development is within the boundaries of the Kalispell School
District #5. The school district could anticipate that an additional 125 school
aged children might be generated into the district at full build out. This number
is used because it takes into account pre-school aged children, home school
education options and private school education option. Not all of the children
who live in the subdivision will be attending public schools. This would have a
potentially significant impact on the district, particularly on a cumulative level
with other developments pending within the district — both urban and rural
particularly with high school -aged students.
The project consultants contacted Darlene Schottle, Superintendent of Schools for
School District 5. In her letter to Mr. Wayne Freeman of CTA landworks she
states that the size and scope of the subdivision causes her some concern
because of the growth on the north end of Kalispell in recent years and the
districts ability to provide adequate school facilities. Ms. Schottle concludes her
letter by stating that hopefully the developer and the school district can
collaborate to come up with a creative solution that is positive for both the school
district and the developer. No mitigation measures have since been requested by
the school district.
Parks and Open Space: The State and local subdivision regulations have
parkland dedication requirements or cash in lieu of parkland dedication in the
amount of 11% of the combined area of all land to be divided into lots 1/2 acre and
smaller. The area in land to be subdivided totals 87.7 acres requiring a parkland
dedication of 9.6 acres.
As discussed in the evaluation of the proposed PUD, section 2, common open space,
80.2 acres or approximately 25% of the overall project site is proposed as open
space. For phase 1 there is a total of 30.44 acres of open space of which 19.61
acres of suitable open space (those areas outside the 100-year floodplain and with
slopes less than 20%) and 10.83 acres of unsuitable open space (those areas
within the 100-year floodplain and with slopes greater than 20%).
Within the open space areas the owners are proposing landscaping, water
23
features and a pedestrian/bike path to provide recreational access to both the
residents of the subdivision and the greater Kalispell community. Within phase 1
the preliminary plat shows two open space/park areas. One approximately 2.4
acres in size located along Swift Creek Way. The other, approximately 4.9 acres,
is located at the southwest corner of the subdivision.
The Kalispell Growth Policy, Chapter 9, Parks and Recreation, provides the
following Goals and Policy for parkland:
Goal 1
PROVIDE A BALANCED DISTRIBUTION AND DIVERSITY OF RECREATIONAL
FACILITIES AND PEDESTRIAN/BICYCLE PATHS THAT PROVIDES ACCESS FOR
ALL AGE GROUPS.
Goal
ASSURE ADEQUATE AND SAFE ACCESS TO PARKS FROM RESIDENTIAL
SUBDIVISIONS.
Policy 3
Provide a balanced mix of parks and recreational facilities to meet local needs, which
including mini parks, neighborhood parks, community parks, regional parks, linear
parks, special facilities and conservation lands or facilities.
The owners have proposed placing the Stillwater River corridor into a park for
residents of the subdivision and the greater Kalispell community to enjoy. In
addition, several other parks are located throughout phase l of the subdivision
with the parks connected by sidewalks or a pedestrian/bike path. The proposed
park/ open space and path system within phase 1 achieve the above cited goals
and policy of the Kalispell Growth Policy.
The Parks and Recreation Department has recommended that the owner provide
the Department with a parks plan which would include improvements and
amenities for each of the park areas. The plan would also show the
pedestrian/bike path in greater detail and include width and construction
materials for the paths. Specifications for the bike path construction will be
determined by the Parks and Recreation Department with recommendations also
provided by the Flathead Conservation District in areas where the path is located
near the Stillwater River corridor.
The environmental assessment notes that all open space areas, once
improvements have been installed by the master developer, will be maintained by
the property owners association. However, as stated earlier, all open space areas
and trails will be available for the use of the general public.
The Parks and Recreation Department encourages the use of the Stillwater River
corridor as a linear park setting. There hope is to build on this initial park along
the Stillwater River with future developments south of this project. This
integration of parkland is based on policy 1, Chapter 9 of the Kalispell Growth
Policy which states, "Build on the existing parks inventory to provide a unique park
system that benefits residents and the regional economy."
Nu
Police: This subdivision would be in the jurisdiction of the City of Kalispell Police
Department once annexed to the City. The department can adequately provide
service to this subdivision, however the cumulative impacts of growth within the
City further strains the department's ability to continue to provide the high level
of service the department is committed to.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department once annexed to the City, and the subdivision will be required to
comply with the International Fire Code. The fire department 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.
The Fire Department is also recommending that roadways between 26 feet to 32
feet wide be posted on one side of the road as a fire lane. This would then allow
parking on most of the interior streets for phase 1 on only one side of the
roadway. The Fire Department strongly recommended in their response letter that
streets be at least 32 feet wide to allow parking and good emergency vehicle
access to the lots.
Solid Waste: Solid waste will be handled by a private hauler in accordance with
State statues and taken to the Flathead County Landfill. There is sufficient
capacity within the landfill to accommodate this additional solid waste generated
from this subdivision.
Medical Services: Ambulance service is available from the fire department and
ALERT helicopter service. Kalispell Regional Medical Center is close, less than 3
miles from the site.
E. Effects an Agriculture and agricultural water user facilities: The site has been
traditionally used for agricultural uses including crop production. The
environmental assessment for the project states that the site generally has a
farmland classification of "prime farmland' when irrigated. This was confirmed by
information obtained from the Natural Resource and Conservation Service (NRCS).
The environmental assessment continues by stating that approximately 294
acres of the 325 acre project site have produced alfalfa with yields of 4.0 to 4.4
tons per acre.
Surrounding phase 1 adjacent lands are still primarily used for agricultural
purposes. With the approval of this subdivision water and sewer service will be
extended to the site. This extension of services will impact the agricultural land
use in the area. The effect this subdivision would have on adjacent agricultural
land would be the potential for more land currently in agricultural production to
convert to relatively higher density residential subdivisions due to the close
proximity of water and sewer mains.
Current policies in the Kalispell Growth Policy, Chapter 5, Land Use: Agriculture,
state the following:
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Policy 1
Encourage and create incentives to conserve agricultural lands.
Policy 2
Encourage urban growth into areas which are not environmentally sensitive or
productive agricultural lands.
The proposed subdivision contradicts both of the above policies as the requested
subdivision would not conserve any agricultural land on the site and does take
productive agricultural lands out of production. However, the Kalispell Planning
Board and City Council recognize the need for growth to occur in Flathead County
and in particular the City of Kalispell. With the City Council's approval in August
of this year to extend the Kalispell Growth Policy Future Land Use Map north of
the current city limits approximately 2 miles, the city is taking an active role in
planning for future development. By providing a greater growth area boundary,
the city can entertain requests for annexation which in turn lead to the extension
of water and sewer services. This enables more of the growth to come into the
City of Kalispell and connect to city water and sewer, and have police and fire
protection that the City offers its residents. Allowing higher density development
within the City's growth policy area, it could reasonably be expected that more
farmland could be conserved because the availability of residential and
commercial lots the expanded growth policy area would create.
Immediately north of the 325.1 acre project site across Church Drive is an
approximately 160 acre property in a conservation easement. The easement
allows the property to be used as agricultural land but prohibits future
development on the land. By creating residential and commercial lots
immediately south of the conservation easement, future residents will need to be
aware that farming of this land will take place and from time to time potential
nuisances such as noise, dust, odors, and irregular hours of operation are to be
expected. Therefore, the Planning Department is recommending placing a note on
the final plat notifying future property owners of the agricultural nature of the
surrounding lands.
F. Relation to the Kalispell Growth Policy: On August 7, 2006 the Kalispell City
Council adopted resolution 5129B which amended the Kalispell Growth Policy
Future Land Use map north to the intersection of Highway 93 and Church Drive.
On the amended land use map the 325.1 acre project site is designated
Neighborhood Commercial in the northeast corner of the site surrounded by a
narrow band of High Density Residential with the remaining acreage of the project
site designated Suburban Residential.
Phase 1 of Silverbrook Estates is located within the Suburban Residential land
use designation on the Kalispell Growth Policy Future Land Use map. Areas
designated as Suburban 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 up to 4 dwelling units per acre. The
subdivision has a density of approximately 1.5 dwelling units per acre. This
subdivision is in compliance with the Kalispell Growth Policy and its goals and
policies.
mo
G. Compliance withZoning: The owners have requested annexation and initial
zoning of R-2, R-4 and B-1 for the entire 325. I acre project site. Phase I includes
approximately 160 acres of the overall 325.1 acre project site. If annexation and
initial zoning is approved for the entire project site, phase 1 would be zoned R-2,
a Suburban Residential district with a minimum lot size requirement of 9,600
square feet and a minimum lot width of 70 feet. All of the proposed lots within
phase 1 of Silverbrook Estates comply with the R-2 zoning district.
H. Compliance with the Kalispell Subdivision Regulations: The owners have
requested a PUD which, if approved, would allow two deviations to the Kalispell
Subdivision Regulations. The two deviations include allowing longer block
lengths than required under section 3.07, B and providing a sidewalk on only one
side of the street when section 3.11, A requires sidewalks on both sides of the
street in residential and commercial subdivisions. A full discussion of these
deviations can be found on pages 5-12 of this report.
I. Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report KA-06-13 and recommend that initial zoning of the 325.1 acre
site be R-2, R-4 and B-1 as shown on the zoning district map for the property.
II. Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report KPUD-06-6 as findings of fact and recommend to the Kalispell
City Council the PUD for Silverbrook Estates be approved subject to the
conditions listed below:
III. Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report KPP-06-13 as findings of fact and recommend to the Kalispell
City Council that Phase I of Silverbrook Estates be approved subject to the
conditions listed below:
1619molvoce • -•,
The Planned Unit Development for Silverbrook Estates allows the following
deviations from the Kalispell Subdivision Regulations and the Kalispell Zoning
Ordinance:
A. Kalispell Subdivision Regulations, Section 3.07, B (Blocks) to allow blocks to
exceed the 1,200 foot maximum length.
B. Kalispell Subdivision Regulations, Section 3.11, A (Sidewalks), allowing a
sidewalk on only one side of Diamond Peak Loop, a roadway serving the
neighborhood commercial area of the project. A sidewalk shall not be required
around the green space in the interior of the loop as shown on road section G
27
dated October 2, 2006 with the location of Diamond Peak Loop shown on the
Silverbrook Estates Roads and Trails map dated October 2, 2006.
C. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Minimum yard setbacks in
the R-4 zoning district), allows minimum setbacks of 10-feet for front and side
corner property boundaries for a dwelling unit. Garages shall be setback a
minimum of 20-feet from front and side corner property boundaries.
D. Kalispell Zoning Ordinance, Section 27.22.090 (Fences, Walls and Hedges),
allowing fences 48 inches tall within or bounding the front setback area in all
areas of the proposed subdivision. This only applies to fences and in no case
shall the fence be solid.
E. Kalispell Zoning Ordinance, Section 27.13.040 (3) (Minimum yard setbacks in
the B-1 zoning district), allowing a 5-foot setback to the front and rear
property boundaries.
F. Kalispell Zoning Ordinance, Section 27.13.040 (5) (Permitted lot coverage in
the B-1 zoning district), allowing the permitted lot coverage of 100%.
G. Kalispell Zoning Ordinance, Section 27.26.040 (5) (Joint use of parking
facilities), allowing the creation of the "Silverbrook Estates Parking Regulation,
Management Plan and Ordinance" to provide for direction in the planning and
design of all parking facilities within the 13-1 zoning district of the subdivision.
H. Kalispell Zoning Ordinance, Section 27.27.020 (1) - (6) (standards for loading
berths), allowing deviations in the design standards for loading berths.
2. The development of the 325 acre site shall substantially comply with the following
maps and elevations submitted as part of the Planned Unit Development
application:
A. Silverbrook Estates Conceptual Site Plan
B. Silverbrook Estates Land Use Map dated October 2, 2006
C. Silverbrook Estates Proposed Zoning Map dated October 2, 2006
D. Silverbrook Estates Roads and Trails Map dated October 2, 2006
E. Silverbrook Estates Road Sections A-H dated October 2, 2006
F. Silverbrook Estates Trail Types A-C dated October 2, 2006
G. Silverbrook Estates Architectural Elevations for the Subdivision Main Entrance
dated October 2, 2006
H. Silverbrook Estates Development Phasing Plan dated October 2, 2006
3. Final approval of all standards within the Silverbrook Estates Parking Regulation,
Management Plan and Ordinance shall be approved by the City of Kalispell. The
standards shall be approved prior to any final plat approval for the commercial
area.
4. Pedestrian pathways shall be located either midway on blocks exceeding 1,200
feet in length or in the area of the block exceeding 1,200 feet which would provide
the best connectivity to surrounding streets or pedestrian/bike paths. The
pathways shall be located within a 20-foot wide easement with the path width and
28
construction standards determined by the Parks and Recreation Department. The
pathway easements shall be shown on the final plat and the path shall be
constructed or bonded for to the approved width and construction standards prior
final plat approval.
5. The minimum landscaping and screening requirements for commercial B-1
parking areas shall be 10%. Furthermore, at the time the owners apply for Phase
II of the subdivision plat, a preliminary parking lot layout plan and landscaping
plan shall be submitted. The plan shall show how the minimum 10%
landscaping requirement is being accomplished.
6. The Silverbrook Estates Parking Regulation, Management Plan and Ordinance be
amended to incorporate the use of pedestrian walkways within the parking areas
to provide for needed connectivity between the commercial buildings and the
sidewalk or bicycle pathways surrounding the commercial area. Pedestrian
walkways shall be included in the preliminary parking layout plan referenced in
condition 5.
7. That a development agreement be drafted by the Kalispell City Attorney between
the City of Kalispell and the developer outlining and formalizing the terms,
conditions and provisions of approval. The final plan as approved, together with
the conditions and restrictions imposed, shall constitute the Planned Unit
Development (PUD) zoning for the site.
General Conditions:
8. That the development of the site shall be in substantial compliance with the
application submitted, the site plan, materials and other specifications as well as
any additional conditions associated with the preliminary plat as approved by the
city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat)
9. The preliminary plat approval for phase 1 shall be valid for a period of three years
from the date of approval. (Kalispell Subdivision Regulations, Section 2.04).
Prior to final plat:
10. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards; and shall be certified in writing
by an engineer licensed in the State of Montana. All design work shall be reviewed
and approved in writing by the Kalispell Public Works Department prior to
construction. This infrastructure shall include but not be limited to streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks. (Kalispell Design and
Construction Standards)
11. Water and sewer main extensions shall be designed and constructed in accordance
29
with the City of Kalispell's Standards for Design and Construction and Montana
Public Works Standards. The water and sewer main extension plans shall be
reviewed and approved by the Kalispell Public Works Department. Prior to final
plat, a certification shall be submitted to the Public Works Department stating that
the water and sewer mains have been built as designed and approved. (Kalispell
Design and Construction Standards)
12. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater report and an engineered drainage plan that meets the
requirements of the current City standards for design and construction. Prior to
final plat, a certification shall be submitted to the Public Works Department stating
that the drainage plan for the subdivision has been installed as designed and
approved. (Kalispell Design and Construction Standards)
13. The developer shall submit to the Kalispell Public Works Department prior to
construction an erosion/ sediment control plan for review and approval and a copy of
all documents submitted to Montana Department of Environmental Quality for the
General Permit for Stormwater Discharge Associated with Construction Activities.
(Kalispell Design and Construction Standards)
14. A letter from the Kalispell Public Works Department shall be submitted stating that
all new infrastructure has been accepted by the City of Kalispell or a proper bond
has been accepted for unfinished work. (Kalispell Design and Construction
Standards)
15. The developer shall contact the Army Corps of Engineers to obtain any necessary
permits from the Army Corps for the crossing of the wetlands by Silverbrook Drive.
Any mitigation required as part of the permit shall be included in the approval of the
road construction plans. Such mitigation required for the road crossing shall be
completed to the satisfaction of the Army Corps of Engineers prior to final plat and
the Army Corps of Engineers shall so certify this in writing to the city. (Findings of
Fact, Section C, Wetlands)
16. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for Silverbrook Drive. If any improvements are necessary at
this intersection, these improvements shall be completed to the satisfaction of the
MDT prior to final plat and MDT shall so certify this in writing to the city. (Findings
of Fact, Section D, Roads)
17. The following requirements shall be met per the Kalispell Fire Department and so
certified in writing by the Fire Department: (Kalispell Subdivision Regulations,
Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in
accordance with International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire
Code (2003) Chapter 5.
30
d. It shall be noted on the face of the plat that hazardous weed abatement shall
be provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the
road as a fire lane.
18. A 12-foot meandering berm shall be constructed within the proposed buffer along
Phase 1. The berm shall be landscaped with the landscaping plan reviewed and
approved by the Parks and Recreation Department. (Findings of Fact, Section A,
Noise)
19. The pedestrian/bike path plan shall be reviewed by the Flathead Conservation
District in order for the District to determine if any permits are required. If a permit
is required, the developer shall submit a 310 application to the Flathead
Conservation District prior to any construction of the pedestrian/bike path.
(Findings of Fact, Section D, Parks and Open Space)
20. A letter shall be obtained from the Kalispell Parks and Recreation Director approving
a landscape plan for the placement of trees and landscaping materials within the
landscape boulevards of the streets serving the subdivision. The approved
landscape plan shall be implemented or a cash in lieu payment for installation of
the street trees and groundcover provided to the Kalispell Parks and Recreation
Department. (Kalispell Subdivision Regulations, Section 3.11).
21. The area designated on the plat as "park" will meet the parkland dedication
requirements provided that it is developed to create a recreational amenity within
the subdivision. Those park improvements shall be addressed in accordance with a
plan approved by the Kalispell Parks and Recreation Director so as to provide a
recreational component within the development and, at a mm. , the park
improvements shall equal 9.6 acres of land. A letter from the Kalispell Parks and
Recreation Department shall be provided at the time of final plat that outlines the
improvements and confirms those improvements have been made. (Kalispell
Subdivision Regulations, Section 3.19 and Findings of Fact, Section D, Parks and
Open Space)
22. A pedestrian/ bike path plan shall be provided to the Parks and Recreation
Department which includes the pathway width and construction materials for the
paths located throughout phase 1. Specifications for the bike path construction will
be determined by the Parks and Recreation Department with recommendations
provided by the Flathead Conservation District in areas where the path required a
310 permit as required in condition 19. (Findings of Fact, Section D, Parks and
Open Space)
23. The developer shall obtain a permit from the Flathead County Road Department for
access onto Church Drive. A letter from the Flathead County Road Department
shall be submitted along with the final plat stating that all improvements at the
intersection of Church Drive and Silverbrook Drive have been completed or bonded
for. (Findings of Fact, Section D, Roads)
24. The following note shall be placed on the final plat: "Construction of homes on lots
1-15 of Block 1 and 1-11 of Block 2 shall utilize sound -absorbent materials along
31
the side of the house facing the highway bypass. (Findings of Fact, Section A, Noise)
25. The following note shall be placed on the final plat: "Property owner(s) are
responsible for the boulevard strip for the length of their property boundaries.
Responsibilities include watering and mowing of the grass within the boulevard.
Removal of grass or trees within the boulevard and placement of any other kind of
materials is prohibited unless approved by the Kalispell Department of Parks and
Recreation."
26. The following note shall be placed on the final plat: "Property owner(s) shall waive
their right to protest the creation of a special improvement district for road upgrades
to Church Drive." (Findings of Fact, Section D, Roads)
27. The following note shall be placed on the final plat: `This subdivision is located in an
agricultural area and potential nuisances such as noise, dust, odors, and irregular
hours of operation are to be expected. As such, the right to farm on adjoining
properties shall not be restricted as a result of the development or occupancy of this
subdivision." (Findings of Fact, Section E)
28. The following note shall be placed on the final plat: "Noise generated by the arena
and race track may be heard from your property. The noise may be considered a
nuisance." (Findings of Fact, Section A, Noise)
29. The rear property boundaries of lots 1-9 of Block 20, lots 1-3 of Block 16 and lots 7-
13 of Block 15 shall be amended to provide for a minimum distance of 50-feet from
the top of the bank along the drainage to the rear property boundary. The contour
line designating the top of bank shall be determined by City staff and the developer's
consultants. (Findings of Fact, Section B)
30. A 30-foot rear yard setback shall be required for all structures on lots adjacent to
the Stillwater River Hillside and its tributaries. This would include lots 3-7 of Block
19, lots 1-9 of Block 20, lots 1-3 of Block 16 and lots 7-13 of Block 15. (Findings of
Fact, Section B)
31. The road within the subdivision shall be named and signed in accordance with the
policies of the Kalispell Public Works Department and the Uniform Traffic Control
Devices Manual and be subject to review and approval of the Kalispell Fire
Department. A letter shall be obtained from the Kalispell Public Works Department
stating the naming and addressing on the final plat have been reviewed and
approved. (Kalispell Subdivision Regulations, Section 3.09)
32. All existing and proposed easements shall be indicated on the face of the final plat.
Utility easements for City water and sewer shall be provided to allow for the logical
extension of utilities from this subdivision to adjoining properties. A letter from the
Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat. (Kalispell Subdivision Regulations,
Section 3.18)
33. Prior to filing the final plat a letter from the US Postal Service shall be included
stating the Service has reviewed and approved of the design and location of the mail
delivery site. The mail delivery site shall be installed or bonded for prior to final
32
plat. In addition, the mail delivery site and improvements shall also be included in
the preliminary and final engineering plans to be reviewed by the Public Works
Department. The mail delivery site shall not impact a sidewalk or proposed
boulevard area. (Kalispell Subdivision Regulations, Section 3.22)
34. Street lighting shall be located within the subdivision and shall have a full cutoff
lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell
Subdivision Regulations Section 3.09(L))
35. The following statement shall appear on the final plat: "The undersigned hereby grants
unto each and every person, firm or corporation, whether public or private, providing or
offering to provide telephone, telegraph, electric power, gas, cable television, water or
sewer service to the public, the right to the joint use of an easement for the construction,
maintenance, repair, and removal of their lines and other facilities, in, over, under, and
across each area designated on this plat as "Utility Easement" to have and to hold
forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
36. That a minimum of two-thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal. The minimum of two-thirds of the
necessary infrastructure shall include the extension of water and sewer mains from
the city to the site and necessary lift stations to transport effluent back to the city.
On going conditions:
37. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
38. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
33
City of Kalispell
Planning Department
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD)
PROJECT NAME: Silverbrook Estates
NAME OF APPLICANT: 93 & Church LLC
2. MAIL ADDRESS: 100 Hathaway Ln
3. CITY/ STATE/ZIP: Kalispell, MT 59901 PHONE: 406.756.8077
NAME AND ADDRESS OF OWNER IF DIFFERENT THAN APPLICANT:
4. NAME: N/A
5. MAIL ADDRESS: N/A
CITY/STATE/ZIP: N/A PHONE: N/A
6. TECHNICAL ASSISTANCE: CTA Architects Engineers
7. MAIL ADDRESS: 10180 Cottonwood Rd
8. CITY/STATE/ZIP: Bozeman, MT 59718 PHONE: 406.556.7100
If there are others who should be notified during the review process, please list those.
N/A
Check One:
X Initial PUD proposal
Amendment to an existing PUD
A. Property Address: See Legal Description
B. Total Area of Property: 325.19 Acres
C. Legal description including section, township & range: Tract 1, 2, 3AA within
The NEI/4 of Section 13, T29N, R22W, P.M.M., Flathead County, Montana.
See attached Exhibit A
D. The present zoning of the above property is: County AG-40
E. Please provide the following information in a narrative format with supporting
drawings or other format as needed:
a. An overall description of the goals and objectives for the development of
the project.
b. In cases where the development will be executed in increments, a
schedule showing the time within phase will be completed.
C. The extent to which the plan departs from zoning and subdivision
regulations including but not limited to density, setbacks and use, and
the reasons why such departures are or are not deemed to be in the
public interest;
d. The nature and extent of the common open space in the project and the
provisions for maintenance and conservation of the common open space;
and the adequacy of the amount and function of the open space in terms
of the land use, densities and dwelling types proposed in the plan;
e. The manner in which services will be provided such as water, sewer,
storm water management, schools, roads, traffic management,
pedestrian access, recreational facilities and other applicable services
and utilities.
L The relationship, beneficial or adverse, of the planned development
project upon the neighborhood in which it is proposed to be established
g. How the plan provides reasonable consideration to the character of the
neighborhood and the peculiar suitability of the property for the
proposed use.
h. Where there are more intensive uses or incompatible uses planned
within the project or on the project boundaries, how with the impacts of
those uses be mitigated.
i. How the development plan will further the goals, policies and objectives
of the Kalispell Growth Policy.
j. Include site plans, drawings and schematics with supporting narratives
where needed that includes the following information:
(1). Total acreage and present zoning classifications;
(2). Zoning classification of all adjoining properties;
(3). Density in dwelling units per gross acre;
(4). Location, size height and number of stories for buildings
and uses proposed for buildings;
(5). Layout and dimensions of streets, parking areas,
pedestrian walkways and surfacing;
(6). Vehicle, emergency and pedestrian access, traffic
circulation and control;
2
(7). Location, size, height, color and materials of signs;
(8). Location and height of fencing and/or screening;
(9). Location and type of landscaping;
(10). Location and type of open space and common areas;
(11). Proposed maintenance of common areas and open space;
(12). Property boundary locations and setback lines
(13). Special design standards, materials and / or colors;
(14). Proposed schedule of completions and phasing of the
development, if applicable;
(15). Covenants, conditions and restrictions;
(16). Any other information that may be deemed relevant and
appropriate to allow for adequate review.
If the PUD involves the division of land for the purpose of conveyance, a preliminary
plat shall be prepared in accordance with the requirements of the subdivision
regulations.
Please note that the approved final plan, together with the conditions and restrictions
imposed, shall constitute the zoning for the district. No building permit shall be
issued for any structure within the district unless such structure conforms to the
provisions of the approved plan.
The signing of this application signifies that the aforementioned information is true
and correct and grants approval for Kalispell Planning staff to be present on the
property for routine monitoring and inspection during review process.
(Applicant Signature)
c2 —D
(Date)
3
This application is submitted concurrently for Annexation, Preliminary Plat and Planned Unit
Development (PUD) within the City of Kalispell, after recent inclusion within the City of
Kalispell Growth Policy area.
The Silverbrook Estates project has been submitted for your review consists of
approximately 325 acres. The property is generally located on the west side of Highway 93,
north of the city limits of Kalispell, Montana. The project is being proposed as a PUD
development.
The property was previously used for production of agricultural crops. There are currently
several buildings on the southeast corner of the site. These will be removed during
demolition and improvement installation. The property is bordered to the north by Church
Drive, to the south by agricultural land and residences, to the east by US Highway 93, and
to the west by the Stillwater River.
The applications for Petition for Annexation and Initial Zoning, Planned Unit Development,
and Major Subdivision Preliminary Plat included here, contain all required information, with
the "Adjoining Property Owner's List" and "Petition to Annex and Notice to Withdrawal from
Rural Fire District" located in Appendices A and B respectively. This application includes an
"Environmental Assessment" regarding existing conditions and anticipated effects of the
proposed development on existing infrastructure and services. The subjects covered include
geology, surface water, vegetation, wildlife, agriculture and timber production, historical, and
archaeological or cultural features. In addition, the application addresses such items as
sewage, water, solid waste, drainage, roads, emergency services, schools, economic
benefits, land use, parks and recreation facilities, and utilities.
History of Proiect Planning
The Silverbrook Estates has been carefully planned with guidance and feedback from
Planning Board members, City Council members, jurisdictional agencies, and the City of
Kalispell Planning Staff.
The planning and design process began in March of 2006. The Applicant has been carefully
monitoring the City of Kalispell Growth Policy plan and its update as it applies to the project
area. Throughout the process, the recommendations of the policy have been diligently
adhered to. The Applicant then made a Pre -application presentation for Silverbrook Estates
to the Planning Board work -session on June 13, 2006. On August 7t', the Applicant met with
the Planning Staff to discuss the project in further detail, and then presented to the City
Council work -session on August 14, 2006 once the Growth Policy was adopted. With the
comments the Applicant then revised the design to incorporate any additional comments
and concerns.
Silverbrook Estates 1
This application has been submitted for Preliminary PUD Plan Review according to the
"Application for Planned Unit Development (PUD)." As such, Subsection E of that document
is addressed below.
E_ Please provide the following information in a narrative format with supporting
drawings or other format as needed:
a. An overall description of the ovals and obiective for the development of the project.
The Property Owner and Applicant submit this application for Preliminary PUD Plan
Review with the intent of developing a residential and commercial community in
Kalispell. This community would include single family, town home, neighborhood
commercial, open space, trails, and other amenities. The goal is to create a
community that functions much like a small town, offering living, working and
commercial -oriented activities in one close location, in the beautiful setting of the
Flathead Valley and the Stillwater River corridor. A "Preliminary PUD Master Plan
Map" has been created to illustrate the overall design and layout of the Silverbrook
Estates Subdivision including lot layout, streets, open space and trails. Reference
Exhibit K.
b. In cases where the development will be executed in increments, a schedule showing
the time within phase will be completed.
The Silverbrook Estates Subdivision will be developed utilizing two different
preliminary plats, submitted separately from each other for review and approval.
These two Preliminary Plats will be initiated in the following time lines: Preliminary
Plat 1 installation of improvements will be initiated after Preliminary Plat approval and
are planned to be competed in the summer of 2007; Preliminary Plat 2 installation of
improvements will be initiated in the summer of 2008 and completed by the summer
of 2010. Development Phase 1 and 2 have been graphically delineated in Exhibit 1.
This is described in more detail in Section V, C of this document. However, it is
understood that at this time, the Applicant is only requesting review of Preliminary
Plat 1.
Given the explanation above, the two Preliminary Plats. will be developed according
to the following implementation initiatives:
Preliminary Plat 1
Aforementioned, the first development phase will commence as soon as the
preliminary plat is approved. It is anticipated that this phase will be completed by the
end of the summer of 2007. This plat includes the development of the lower one-half
of the development to include various residential lot sizes. All required infrastructure
and utilities throughout the development will allow this plat to be self sufficient, also
allowing multiple access points to the subdivision. Adjacent open space will also be
included as a part of this plat. This plat will be able to be serviced by the Fire
Department.
Silverbrook Estates 4.
2. Preliminary Plat 2
Aforementioned, Preliminary Plat 2 is anticipated to start during the summer of 2008
and be completed in the summer of 2010, in coordination with the Fire Department's
ability to accommodate the required response time. This will include the upper one-
half of the overall development, including the balance of the single family residential
development all the commercial and town home residential areas. The remaining
interior and perimeter open space and infrastructure and utility extensions will be,
included to service this final plat.
Reference Table 1 below for approximate timing cf Preliminary Plat approval,
initiation of improvements, completion of improvements, sale of lots and full build out
of the project.
PRELI
APPROVAL
INITIATE
COMPLETE
1--LOTS
FULL
PLAT
ANTICIPATED
IMPROVEMENTS
IMPROVEMENTS
SOLD
BUILD
OUT
1
1212006
SP/2007
SU/2007
W1/2007
NOT
KNOWN
2
SP/2006
SU/2008
SU/2010
FALL12010
NOT
KNOWN
c. The extent to which the plan departs from zoning and subdivision regulations
including but not limited to density, setbacks, and use, and the reasons why such
departures are or are not deemed to be in the public interest.
The Silverbrook Estates PUD and Subdivision departs from the zoning and
subdivision regulations as described in section IV, B of this submittal. Reference this
section for a complete explanation of requested relaxations. The Applicant believes
that these requested relaxations are of an extent that will not negatively affect
surrounding properties or the public interest. In fact, the Applicant feels that these
relaxations, which are often paired with more restrictive PUD regulations elsewhere
(Design Guidelines and the CC&R's) will positively benefit the adjacent property
owners, the general public and the new residents of Silverbrook Estates.
d. The nature and extent of the common open space in the project and the provisions
for maintenance and conservation of the common open space; and the adequacy of
the amount and function of the open space in terms of the land use. densities and
dwelling types oroposed in the plan.
A Property Owner Association (POA) will be established in order to administer the
"Covenants" and the design guidelines for all development within Silverbrook
Estates, as established by the Master Developer. The POA will also provide for the
maintenance of all common areas, including open space and parking district areas,
installed by the Master Developer. Reference Exhibit C, "Land Use Map," for open
space land use areas.
Silverbrook Estates 5
The Silverbrook Design Guidelines will establish design and review guidelines for all
development within Silverbrook Estates, specifically including criteria for the review
of building style, material usage, landscaping design, and alterations and
modifications to a lot.
e. The manner in which services will be provided such as water. sewer. storm water
management. schools. roads. traffic management. pedestrian access. recreational
facilities and other applicable services and utilities.
Infrastructure and utilities, such as power, water, sewer, cable, and phone will be
provided to each lot by the Master Developer, in cooperation with local and regional
utility providers and applicable regulations. The Master Developer is planning to
establish a per lot assessment for all property owners within the Subdivision, in order
to assist local schools with the potential impacts of new residents and students.
Roads and streets will be installed by the Master Developer. Pedestrian sidewalks
and trails have been designed throughout the subdivision, in order to promote
exercise out-of-doors and connections to the different land uses in the community.
Open space and parks have been designed to be within close proximity to major
residential areas and are connected with sidewalks and trails.
f. The relationship. beneficial or adverse, of the planned development project upon the
neighborhood in which it is proposed to be established.
The City of Kalispell Growth Policy has been recently amended to permit the type of
mixed -use community development proposal such as Silverbrook Estates. The
Applicant has further elected to create a PUD for the project, in order to carefully
plan the project with unique features that take into consideration the surrounding
land uses and features that make this location so appealing. The City of Kalispell has
made it clear that this property is the ideal location for a Neighborhood Commercial
component that is within close proximity to existing and proposed residential. The
Applicant does not anticipate any negative relationships to be created with this
proposal
g. How the plan provides reasonable consideration to the character of the
neighborhood and the peculiar suitability of the property for the proposed use.
The vast majority of the residential lots within Silverbrook Estates are of a size and
configuration that lower density is situated near existing lower density development
an adjacent parcels or tracts. Higher density lot configurations are located near the
Neighborhood Commercial node, in the northeast corner of the subdivision.
h. Where there are more intensive uses or incompatible uses planned within the project
or on the project boundaries, how will the impacts of those uses are mitigated.
The possible impacts of the more intensive uses or incompatible uses planned within
the project have been mitigated through land use design and separation with roads
and drives, so as to designate a physical difference in land use types and
architectural styles. For instance, the Neighborhood Commercial area is buffered
from the single family residential area by higher -density town home units.
Furthermore, areas of strategically placed open space provide "green" buffers from
residential areas. Traffic is directed via a system of efficient and easy to navigate
Silverbrook Estates 6
internal streets through the Neighborhood Commercial area, including access to
Church Drive.
i. How the develooment plan will further the goals, policies and obiectives of the
Kalispell Growth Policy.
The Kalispell Growth Policy was recently amended to include the Silverbrook Estates
property within its long-range planning boundary. As such, the development plan has
been created to embrace the growth policy's recommendations for planned growth in
this area of the city, by providing a mixture of residential living opportunities and
contributing to the Neighborhood Commercial node on the northeast end of the
property.
j. include site plans, drawings and schematics with suoportino narratives where
needed that includes the following information.
(1) Total acreage and present zoning classifications;
As illustrated in Exhibit D, the Silverbrook Estates Subdivision contains 325
acres and is currently zoned AG-40. The applicant proposes a zoning of
Neighborhood Commercial, Single Family Residential and Town Home
Residential with the corresponding zoning designations of B-1, R-2 and R-4
through the PUD process. Reference Exhibit E, 'Proposed Zoning Map," for
requested zoning designations for the property.
(2) Zoning classification of all adjoining properties,
The zoning classification of the adjoining properties include the following:
SAG-10, SAG-5, B-1, and B-2. The SAG-10 zoning district is located on the
east side of US Highway 93; the SAG-10 zoning district is located to the
northwest and northeast of the site; the B-1 zoning district is located directly
to the east of the project site on the east side of US Highway 93; and the B-2
zoning district is located just past the northeast corner of the property across
US Highway 93 and Church Drive.
(3) Density in dwelling units per gross acre;
The density in dwelling units per gross acre has been calculated excluding
the land intended for commercial development. The total acreage of the
property includes 325 acres. Fifteen acres are intended for commercial
development. Thus, the residential land uses include 310 acres and 586 lots
of town home and single family residences.
Since the subdivision has been designed with several distinct types of lot
sizes and living opportunities, these have been summarized and a more
specific density calculation figure provided below.
Silverbrook Estates 7
•TI -to ' -
SINGLE FAMILY LOT
APPROX.
` NUMBER OF LOTS
TOTAL ACRES
DESIGNATION
LOT SIZE
Single Family Residential
0.50 acre
11
10.50 acres
112 acre
Single Family Residential
0.33 acre
69
20.0 acres
1/3 acre
Single Family Residential
0.25 acre
I
386
99.50 acres
114 acre
Totals
1
466 1130
Density for Single Family Residential = 3.58 units / acres (466 units/130 acres)
TableResidential
TOWN HOME LOT SIZE
APPROX.
NUMBER OF LOTS
TOTAL ACRES
DESIGNATION
LOT SIZE
Town Home Residential
0.098*
120
10.80
4,250 SF Min. Lot Size
Totals
120
10.80
*4,250 SF x (1 acr143,560 SF) = 0.092 acre
Density for Town Home Residential = 11.11 units / acres (120 units/10.80 acres)
(4) Location. size height and number of stories for buildings and uses pr000sed
for buildings:
The commercial areas will include twelve buildings with footprints defined for
areas of "vertical' development. These buildings will be limited to one-story
construction and to a maximum of 25 feet in height. The residential uses will
have a two-story height limit and to a maximum of 35 feet in height.
(5) Layout and dimensions of streets. parking areas, pedestrian walkways and
surfacing;
The internal streets in Silverbrook Estates have been designed to
accommodate traffic through a hierarchy of roads that direct traffic to the key
ingress/egress points for the subdivision as well as connectors that provide
access to the commercial areas, open space and common amenities. All of
the internal streets have rights -of -ways of 60 feet except Silverbrook Drive
and commercial entries, which has been designed as a divided road and is
100 feet in right-of-way width with a 16-foot wide center landscaped median.
The Silverbrook Estates Commercial Parking District ("Parking District") has
been created to provide the commercial properties within the subdivision with
adequate parking to meet the needs of their establishments and patrons. The
commercial properties will be assessed for regular maintenance of these
parking lots based on their overall area of lot ownership. The administrative
and maintenance provisions for the Parking District are outlined in the
CC&R's.
Silverbrook Estates 8
All single family and town home residential lots will be required to provide off-
street parking per the CC&R's. On -street parking will be permitted in the
Neighborhood Commercial area. Several streets within the Neighborhood
Commercial area will have on -street parking that will be limited to one side of
the road -way. The center -median access points off of Church Drive will be
designed to City of Kalispell standards. In general, all street and parking lot
design meets or exceeds the minimal requirements of the Subdivision
Regulations, with the exception of Siiverbrook Drive, which has been
designed aforementioned.
An extensive trail system has been designed and is planned to interconnect
the residential areas with the commercial areas and to other future trail
connections that may occur in the future, to adjacent properties. The trail
system near the Stillwater River will be constructed utilizing the most
sensitive construction techniques and materials, so as to protect the natural
resources of the river and the surrounding wildlife habitat.
The roads and trails plan has been provided in Exhibit F of this submittal.
Reference Exhibit F for street sections and illustrative images of the right-of-
way vehicle and pedestrian interface, including tree boulevards, sidewalks
and trails.
(6) Vehicle. emergency and pedestrian access, traffic circulation and control;
Vehicle traffic is concentrated on a hierarchal system of roads, which includes
through streets, loop drives, cul-de-sacs and on -street parking. Emergency
access is provided according to city standards. Pedestrian traffic will be
concentrated on sidewalks, trails and pedestrian crossings. Traffic control will
be provided via standard signage and devices, including stop and yield signs,
directional signage, pedestrian warning signs and trail heads.
(7) Location, size, height, color and materials of signs
All signage will be designed and constructed according to the Silverbrook
Estates Codes, Covenants and Restrictions (CC&R's) and the Design
Guidelines.
(8) Location and height of fencing and for screening;
All fencing and screening will be designed and constructed according to the
Silverbrook Estates Codes, Covenants and Restrictions (CC&R's) and the
Design Guidelines.
Common area fencing will be installed by the Master Developer and
eventually maintained by the POA. This fencing is meant as a partial physical
screen to lots with unique placement situations or areas that require some
degree of separation. This would be for mostly aesthetic or functional
purposes. These fences will be designed according to the Design Guidelines.
Silverbrook Estates 9
(9) Location and type of landscaping;
All landscaping will be designed and installed according to the Silverbrook
Estates Codes, Covenants and Restrictions (CC&R's) and the Design
Guidelines.
in order to create attractive and livable lots along US Highway 93, the Master
Developer will install considerable landscape improvements along this
corridor. In the open space along this arterial, the Master Developer will
install evergreen and deciduous tree plantings and screenings, so as to
reduce negative impacts from the heavy use of US Highway 93. Earthen
berms will be used to assist in the screening of the residences along this
corridor. A trail will also be installed, which well meander through the open
space, and connect the commercial area with the southern portion of the
Subdivision.
The Master Developer also intends to intensively landscape the created pond
and water feature area throughout the northeast and middle of the overall
property. This will feature a more manicured and maintained appearance
than the visually connected natural spring -fed area down hill.
(10) Location and type of open space and common areas:
The open space and common areas have been designed to be
accessible by all residents and users within the Silverbrook Estates
Subdivision and the City of Kalispell. Approximately 12% of the overall
property has been established as open space and common area.
Additionally, the commercial areas will have pedestrian plazas and
gathering spaces.
(11) Proposed maintenance of common areas and open space:
All maintenance of common areas and open space will ultimately be
maintained by the Silverbrook Property Owner's Association.
(12) Property boundary locations and setback lines:
The property boundary and setback lines have been illustrated in Exhibit
H, "PUD Boundary Map." These locations are for the entire subdivision
and have been established according to the Subdivision Regulations.
(13) Special design standards. materials and/or colors:
Special design standards, materials and/or colors are discussed in the
Silverbrook Estates Design Guidelines document, which is provided with
this application as Appendix E.
Silverbrook Estates 10
(14) Proposed schedule of completions and phasing of the develooment. if
applicable:
The Silverbrock Estates Subdivision will be developed utilizing two
different preliminary plats, submitted separately from each other for
review and approval. These two Preliminary Plats will be initiated in the
following time lines: Preliminary Plat 1 installation of improvements will be
initiated after Preliminary Plat approval and are planned to be competed
in the summer of 2007; Preliminary Plat 2 installation of improvements will
be initiated in the summer of 2008 and completed by the summer of 2010.
Development Phase 1 and 2 have been graphically delineated in Exhibit I.
This is described in more detail in Section V.0 of this document.
However, it is understood that at this time, the Applicant is only
requesting review of Preliminary Plat 1.
Given the explanation above, the two Preliminary Plats will be developed
acdording to the following implementation initiatives:
1. Preliminary Plat 1
Aforementioned, the first development phase will commence as soon as
the preliminary plat is approved. It is anticipated that this phase will be
completed by the end of the summer of 2007. This plat includes the
development of the lower one-half of the development to include various
residential lot sizes. All required infrastructure and utilities throughout the
development will allow this plat to be self sufficient, also allowing multiple
access points to the subdivision. Adjacent open space will also be
included as a part of this plat. This plat will be able to be serviced by the
Fire Department.
2. Preliminary Plat 2
Aforementioned, Preliminary Plat 2 is anticipated to start during the
summer of 2008 and be completed in the summer of 2010, in
coordination with the Fire Department's ability to accommodate the
required response time. This will include the upper one-half of the overall
development, including the balance of the single family residential
development all the commercial and town home residential areas. The
remaining interior and perimeter open space and infrastructure and utility
extensions will be included to service this final plat.
Reference Table 1 below for approximate timing of Preliminary Plat
approval, initiation of improvements, completion of improvements, sale of
lots and full build out of the project.
Silverbrook Estates 11
Table 1: Preliminary Plat Phasing
PRELIM
APPROVAL
INITIATE
COMPLETE
1 LOTS
FULL
PLAT
ANTICIPATED
IMPROVEMENTS
IMPROVEMENTS
SOLD
BUILD
OUT
1
1212006
SP/2007
SU/2007
W1/2007
NOT
KNOWN
2
SP/2006
SU/2008
SU/2010
FALL/2010
NOT
KNOWN
(15) Covenants. conditions and restrictions;
The Codes, Covenants and Restrictions have been designed and have
been submitted as an integral piece of this application. They describe the
overall intent of the project as well as the specifics for administration,
enforcement, quality of life and legal aspects involved in the development
of the Silverbrook Estates Subdivision.
The Silverbrook Estates Codes, Covenants and Restrictions have been
provided for reference, in Appendix D of this submittal.
Also, architectural elevations and visioning illustrations have been
provided in Exhibit G. These assist in expressing the overall aesthetic
intent of the ultimate design and construction as envisioned by the Master
Developer.
(16) Any other information that may be deemed relevant and appropriate to
allow for adequate review.
A comprehensive Major Subdivision and
submitted that encompasses the required
supplementary information meant to better
Silverbrook Estates Design Team.
PUD application has been
information in addition to
describe the intent of the
Silverbrook Estates 12
B. Subdivision and Zoning Relaxations for PUD
The Applicant is requesting the relaxations below, from the City of Kalispell Subdivision
Regulations and Zoning Regulations. These relaxations have been determined after careful
determination so that the integrity of the design and vision of the overall community are
positively enhanced rather than negatively influenced or impacted.
Relaxation 1: From Subdivision Regulation, Section 3.07, B
(Design Standards - Blocks)
Description: The Applicant requests the allowance of a longer block length than the
permitted maximum of 1,200 feet. The layout of lots in Silverbrook Estates contains several
blocks which are in excess length, according to the specified maximums in the regulations.
The Applicant believes that this is necessary to create the overall design intent and that it
does not negatively impact the adjacent properties or internal lots within the Subdivision.
Pedestrian connections and vehicular access is provided that mitigates any concerns with
connectivity within the Subdivision.
Relaxation 2: From Subdivision Regulation, Chapter 3, Section 3.11, A
(Sidewalks)
The Applicant has proposed to construct the loop drive, Diamond Peak Loop, in the center
of the Neighborhood Commercial area with a sidewalk provided only on the exterior side of
the drive itself. This is illustrated in Exhibit F, "Road Section G." This would be a relaxation
to allow sidewalk for pedestrian only on the outside of the loop drive instead of on both
sides, providing a green space to the interior of the loop, for landscaping.
Relaxation 3: From Zoning Regulation, Section 27.07.040 (1)
(R-4 Two Family Residential — Property Development Standards)
Description: The Applicant requests the allowance of a smaller Minimum Lot Area than the
zoning regulation permits. A Minimum Lot Area of 4,250 square feet is requested for the
Town Home area within Silverbrook Estates. The zoning regulation requires a minimum of
6,000 square feet. Thus, the Applicant is requesting a lot that is 1,750 square feet in size
less than the regulation dictates.
The Applicant believes that this is necessary to provide a tight -knit town home community
with affordability and low maintenance lots. These lots will be marketed to a developer who
will invest in building all of the Town Home units within Preliminary Plat I.
Relaxation 4: From Zoning Regulation, Section 27.07.040 (3)
(R-4 Two Family Residential — Property Development Standards)
Description: The Applicant requests the allowance of reduced front and side corner yard
setbacks for the R-4 zoning district, Town Home area units. The zoning regulations require
setbacks of 15 feet for both front and side corner yards. The Applicant proposes ten -foot
setbacks for these yards.
The Applicant is positive that this will positively influence the overall layout of the Town
Home units, allowing them to be placed closer to the street, to have more interaction with
Silverbrook Estates i 3
the streetscape and the pedestrian interface. In addition, it allows the lot to be more
buildable, with less green space to maintain, appealing to a "low maintenance° buyer.
Relaxation 5: From Zoning Regulation, Section 27.22.090
(Supplementary Regulations - Fences, Walls and Hedges)
Description: The Applicant requests the allowance of a taller fence than is normally
permitted in the zoning regulation. The zoning regulation permits a 42-inch tall fence. The
Applicant desires to allow 48-inch tail fences in all areas within the Subdivision. These
fences are controlled through the CC&R's and the Design Regulations, ensuring that they
are not opaque (solid) fences and that they are constructed to certain specifications defined
in those documents. Fences will be rustic in nature and will be meant to provide mostly
visual separation rather physical barrier to adjacent areas. Any fences used for screening of
ground -mounted mechanical equipment will be limited to five feet in height.
Relaxation 6: From Zoning Regulation, Section 27.13.040 (3)
(B-1 Neighborhood Buffer District - Property Development Standards)
Description: The Applicant is requesting the allowance of reduced front. and rear yard
setbacks for the Neighborhood Commercial areas within the Subdivision. The zoning
regulations require front and rear yard setbacks of 20 feet. The Applicant desires to allow
front and rear yard setbacks of five feet.
This is intended to provide a more "urban" street interface with the store frontages and
create a streetscape that is pedestrian friendly and accessible for walking and shopping
comfortably. It will also allow the commercial lots to be situated directly adjacent to key
pedestrian plazas and gathering areas or open space.
Relaxation 7: From Zoning Regulation, Section 27.13.040 (5)
(B-1 Neighborhood Buffer District — Property Development Standards)
Description: The Applicant is requesting the allowance of increasing the Permitted Lot
Coverage from 50 percent to 100 percent. In the Neighborhood Commercial area this would
allow the lots, which are basically building footprints, to be situated directly adjacent to the
pedestrian streetscape, plazas and open space. This will create a tight knit pedestrian
oriented commercial area, possibly teaming with retail, dining, and business opportunities
and experiences.
Relaxation 8: From Zoning Regulation, Section 27.26.040 (5)
(Off -Street Parking — Special Provisions)
Description: The Applicant is requesting the allowance of the creation of a "Silverbrook
Estates Parking Regulation, Management Plan and Ordinance," to provide for direction in
the planning and design of ail parking facilities within the Neighborhood Commercial (B-1)
area of the Subdivision.
This document is intended to specifically dictate the design and layout of parking lots within
the Neighborhood Commercial area, including number of spaces appropriated for each
commercial use, shared parking arrangement, off-street loading, overnight parking,
violations and administration. Basically, there would be four parking areas, delineated on the
plat as a lot, to be used exclusively for parking in the Neighborhood Commercial area.
Silverbrook Estates 14
Reference Table 1 of the document for obligations for lot owners. This document is provided
in the appendix of the CC&R's.
Relaxation 9: From Zoning Regulation, Section 27.27.020 (1) — (6)
(Off -Street Loading — Standards)
Description: The Applicant is requesting the allowance for permitting an alternative loading
and berth plan for the Neighborhood Commercial District, through the "Silverbrook Estates
Parking Regulation, Management Plan and Ordinance." This is described in Section 3.2 of
the document.
Aforementioned, the Applicant has prepared a comprehensive document entitled
"Silverbrook Estates Design Guidelines." This document describes in detail the sign plan for
the entire PUD. The Applicant believes that there are no obvious relaxations that are
necessary in order to implement this sign plan included in these guidelines. Should the
Planning Staff and review agencies discover possible relaxations necessary to implement
the sign design guidelines, at that time the Applicant would address necessary amendments
to this Preliminary Plat and PUD application.
Silverbrook Estates 15
The proposed Silverbrook Estates Subdivision occupies land sloping to the west toward the
Stillwater River. An unnamed existing drainage swale, which turns into a tributary, bisects
the property from the northeast to the southwest, where steeper slopes occur. This project
proposes to enhance and emphasize this drainage swale, creating gradations of park -like
pond and water features as it nears the Stillwater River. In addition to this waterway, lined
ponds are proposed for the subdivision. The 100-year floodplain and wetland areas currently
exist on -site, adjacent to the Stillwater River.
1. Geology
A topography map of the project site has been included on the "Preliminary Plat", Reference
Exhibit K for topography. The project site consists of a steady slope down to the west.
According to NRCS soils information, the majority of the site consists of 0-3 percent slopes
with pockets of seven percent slopes. As the bisecting drainage swale approaches the
Stillwater River, slopes range from 30-35 percent.
Our research for this geology study consists of collecting, summarizing and analyzing
geologic information that exists for the area encompassing and adjacent to the project site.
Hydrogeological data (well log reports) are utilized to provide insight as to the general
hydrogeology of the site and surrounding areas. Reference Appendix L.
Investigation indicates subsurface Glacial Lake deposits throughout the entire site. This
includes calcareous fine sandy silt, clayey silt, and minor clay; with thicknesses averaging
100 feet, but up to 270 feet. There are no known unusual conditions regarding installation of
water supply/sewer collection trenches, and underground electric and telephone cables.
NRCS soil maps indicate that Tally soils dominate the site, with patches of Blanchard fine
sand and Kalispell loam. Areas located along the Stillwater River, where the west property
line meets the river, show signs of slumping. To prevent further slumping, development will
remain setback from these areas of steeper Alluvial Land (Ab) soils. Reference Appendix K
for soils information.
According to the "Uniform Building Code," the Flathead Valley is located in seismic Zone 3,
which is rated as moderate to high for probability of seismic activity. Properly constructed
dwellings provide reasonable protective measures against seismic instability.
Roads or streets shown on the plat will be designed with minimum grade changes and
disturbances to the natural terrain. This can be accomplished given the gentle terrain found
throughout the project site and in the general vicinity. Where minimal cuts and fills are
necessary, design criteria will ensure a safe slope from the shoulder and provide for the
return of topsoil cover during seeding and re -vegetation.
2. Surface Water
The site is situated within the Stillwater River drainage system. The surface water follows
the topography from the northeast to the southwest. A culvert under Church Drive brings
surface water from adjacent properties on -site, draining into an unnamed main drainage
swale, turning into a tributary to the Stillwater River. While most of the on -site surface water
also flows into this drainage swale, there is an additional low area on site in the southwest
Silverbrook Estates 18
corner of the development, separate from the main drainage. All surface water on -site then
drains to the west into the Stillwater River. The main drainage swale flows into a small
wetland area just prior to releasing into the Stillwater River. There are no known artificial
water,,-- wtems on site.
A t.f' .aand aiineat on report has been completed by a wetland consultant, PBS&J. This
indices t__it two wetlands and a "wetland fringe" are located along the west portion
is develops Wetland 1, as defined in the Wetland Delineation report in Appendix F,
t� -s. This wetland has a naturally occurring spring and also receives flow
ue swale mentioned above. Wetland 2 is located along the northern
ri ie Stillwater River meets the west property line. Wetland 2 consists of
vetland fringe", a scrub/shrub area, is two acres in size and is located
-;long : —erty line furthest to the south. Wetland mitigation may need to occur just
Stillwater Drive crosses Wetland 1. This would be achieved with the
as .':and mitigation consultant and applicable jurisdictional agency review.
i, a ,-auiics Report has been prepared by a hydrology consultant, PBS&J. This
report further describes the hydraulic modeling, the floodplain and stream flow data for the
Silverbrook Estates property. This report has been provided in Appendix F.
Areas along the Stillwater River also include a 100-year floodplain. A Floodplain Report has
been included in Appendix G.
3. Vegetation
The project site has historically been used for crop production, including small grain crops.
As mentioned above, wetlands occur within the project area. Aforementioned, a Wetland
Delineation has been completed by a wetland consultant. This report indicates that Wetland
1 is a mixture of palustdne emergent marsh and scrub/shrub wetland with some shallow
open water and aquatic bed habitat included. Wetland 2 is less diverse and only supports
emergent vegetation. The "wetland fringe" is comprised primarily of shrub species.
Reference Appendix F for the Wetland Delineation. Along the Stillwater River and around
these wetlands are some coniferous tree groupings and grassy meadows. The property's
approximate peak elevation of 3,030 feet has an annual precipitation of 14 to 18 inches. The
average annual precipitation of approximately 15.70 inches was estimated from weather
station # 244558, Kalispell WSO Airport.
The existing native vegetation adjacent to the Stillwater River will be preserved in its near
entirety since development will only occur in areas historically used for agriculture.
Enhancements to the main drainage -way include creating new ponds and enlarging existing
ponds with periodic small waterfalls. Minimal existing vegetation will be removed.
Although most of the property is used for crops, it is assumed that there is the potential for
at least one or more species of noxious weeds to be present on or near the site. Control
methods for noxious weeds will be used following construction activities at the site. Most
likely, there will be chemical control throughout the site along disturbed areas. Other
mechanical methods will be used when necessary, for conditions or when recommended.
A Vegetation and Wildlife Map has been provided as Exhibit J. This map illustrates the
prime areas for wildlife group inhabitation and the major vegetative covers associated with
the Silverbrook Estates property.
Silverbrook Estates 19
4. Wildlife
The Silverbrook Estates property has been established as good wildlife habitat for birds,
waterfowl, and small mammals, including raccoons, skunks, pheasant, turkey and partridge.
This is especially true near the Stillwater River and the wetland areas on the site. The
development plan calls for protecting the key areas of wildlife habitat for these species,
while providing increased water features and vegetation for nesting and shelter. This area is
not known to generally support large numbers of big game (mountain lion, elk, moose, or
black bear), however occasionally these species are found to have visited. the site. It is
understood that larger mammals are infrequent visitors. However, Whitetail Deer have been
spotted on site frequently. Evidence of bedding down has been observed. These areas are
proposed to be preserved with minimal disturbance to existing conditions. Bull Trout, an
endangered species, have been sighted in the general area. No other known protected
species inhabit the property. To minimize conflicts between residents and wildlife, individual
waste containers shall be stored within their garages. Animal -proof waste receptacles will be
provided in open spaces or park areas.
Mark Deleray, Montana Fish, Wildlife & Parks (MFWP), Fisheries Biologist, indicated a few
basic concerns regarding fisheries as it relates to stormwater runoff and warm water
situations. In regards to stormwater runoff, adding potential pollutants created by a drainage
system (comprised of curb and gutter, stormdrain inlets, culverts, retention areas, etc.) is
proposed for the development as it flows into the tributary, and eventually into the Stillwater
River. The second concern is the enlarging of water bodies within the spring -contributing
drainage -way, potentially introducing warmer waters into the Stillwater River.
Setbacks along the Stillwater River and erosion can be minimized during road construction
by utilizing Best Management Practices (BMP's). Best Management Practices utilize
controls to minimize possible contamination of surface water. By utilizing BMP's for
construction of internal roads and other infrastructure, water quality will not be compromised.
Tim Their, MFWP Wildlife Biologist, indicated additional concerns related to development
and wildlife impacts. These include the cumulative effect of reduction of small -grain fields
that currently support upland game birds and migrating waterfowl, water supply availability
and specific improvements along the Stillwater River.
With the inclusion of this parcel within the City of Kalispell Growth Policy, it is acknowledged
that growth will spread to this area, reducing the amount of properties being used to
cultivate small -grain fields. However, just north of this property there exists a 240-acre
conservation easement under small -grain agricultural production, that will continually
support wildlife. In regards to water supply for ponds, the existing natural spring will be
maintained. The shape of the pond that it collects in may, however change. Lastly, the
improvements along the Stillwater River will include trails. Minor regrading to accommodate
safe slopes will occur. To adjust these grades, BMP's will be adhered to.
5. Agriculture and Timber Production
The project site generally has a farmland classification of "prime farmland" when irrigated.
Approximately 294 acres of the overall 325 acres have produced alfalfa. Historically this site
has produced alfalfa with a yield of 4.0 to 4.4 tons per acres. Because this land has been
used for farming, it is obvious that the proposed subdivision will remove agricultural land
Silverbrook Estates 20
with existing production capacity. However, the subject property has been included in the
Growth Policy for the City of Kalispell. Therefore, this area is intended to accommodate
future growth, and is anticipated to be annexed. This project area would not create conflicts
with nearby agricultural operations, which are currently producing alfalfa. There is currently
no timber production in the area.
Lot owners and residents of the subdivision will be informed, through the Covenants, that
adjacent land uses may be agricultural, involving agricultural and farming practices, which
can result in dust, animal odors, flies, smoke, and machinery noise (sometimes early in the
morning and late into the evenings).
6. Historical, Archaeological or Cultural Features
The Montana Historical Society and the State Historic Preservation Office were contacted
regarding historical and cultural issues for the property. The Montana Historical Society has
responded with a letter that indicates that no significant cultural resources have been found
through preliminary searches. However, Damon Murdo, Cultural Records Manager,
recommended that if any development should be planned for the Stillwater River area, that
the Applicant be careful to not impact potential significant sites. If any prehistoric cultural
material is encountered during subsurface disturbance phases of the proposed work,
construction should be suspended and a professional archeologist be notified. At.this time,
no known historical, archaeological or cultural features are located in the development area.
With respect to surrounding cities, towns, developments, or homes, the proposed
subdivision is bordered by agricultural property to the south, US Highway 93 to the east, a
conservation easement to the north, and the Stillwater River to the west. Local zoning
regulations along with PUD modifications will be utilized for ultimate build -out of the
subdivision. Hence, visual impact as a result of this development is minimal with respect to
roads, adjacent developments, or any other public facilities. Roads are planned to affect the
natural terrain as little as possible with grades and alignment designed to reduce cuts and
Fills. All excavated areas will be reseeded and returned to the natural vegetation. Utilities are
anticipated to be underground with boxes and structures positioned out of sight as much as
possible or designed to fit into the character of the land.
7. Sewage
The developer will extend a city sanitary sewer mainline to the project area along US
Highway 93. The proposed City of Kalispell sanitary sewer extension location, diameter and
capacity are being determined in a Preliminary Engineering Report currently being prepared
by the Civil Engineering consultant. The gravity collection main size, lift station capacity and
force main are being sized based upon the contributing basin population projections for a
20-year planning horizon, as required by the City of Kalispell and MDEQ. The preliminary
engineering design will be reviewed by the City of Kalispell, MDEQ and MDOT.
The Applicant will work with the Kalispell Public Works personnel in the design and location
of ail sanitary sewer lines including possible improvements of existing sewer lines at those
points of connection. Morrison Maierle and HDR Engineering are currently working on
design of City of Kalispell's wastewater treatment plant, Phase I expansion project.
Siiverbrook Estates
All sanitary mainlines within the development will follow road systems or utility easements,
and would be owned and maintained by the City of Kalispell. The design and construction
will be the Master Developer's responsibility.
The Applicant anticipates two lift stations will be required for this development. Locations are
undetermined at this time. The Applicant intends to provide sewer mains with gravity flow
within the development, ultimately to lift stations as required.
The layout for Silverbrook Estates Subdivision represents approximately 586 residential lots,
consisting of one -quarter to one-half acres in size, with an abundance of open space.
According to the 2000 Census, Flathead County data reflects approximately 2.48 people per
dwelling unit. Using 100 gpd/person for wastewater generation, this corresponds to 248
gpd/dwelling unit. Ultimately, Silverbrook Estates may generate 145,328 gpd (586 dwelling
units x 248 gpd/dwelling unit). The flow estimation will be defined by MDEQ requirements.
The commercial area will consist of 12 buildings. Since there is a projected build -out over
the next few years, specific lot uses are unknown and water demand is difficult to predict.
For planning purposes, the Applicant anticipates a conservative generation per building lot
to be 500 gpd. The anticipated demand at full occupancy is approximately 6,000 gpd for the
commercial lots ((500 gpd/lot) x (12 lots) = 6,000 gpd).
The anticipated demand at full occupancy for Silverbrook Estates is approximately 151,328
gpd for this PUD (145,328 gpd + 6,000 gpd). This number will ultimately be defined by
MDEQ requirements.
Currently, the Applicant is planning for two phases for the proposed Silverbrook Estates
Subdivision. This would reflect 285 residential lots for Phase 1 to be constructed summer of
2007. The summer of 2010 is the estimated completion for Phase 2 and includes 301
residential units.
No industrial wastewater is planned as part of this development.
Moore Engineering has prepared a Preliminary Engineering Report that presents and
clarifies issues regarding site drainage and proposed sewer facilities. This report has been
provided as Appendix H.
8. Water
City water mains are also proposed to be extended to the project area along US Highway
93, at the Master Developer's expense. The Applicant is working with the Kalispell Public
Works Personnel in the design and location of all city water and fire -protection needs. The
proposed water main extension location and diameter is being determined in a Preliminary
Engineering Report, which is currently being prepared. The water line diameter is being
sized based upon the contributing basin population projections for a 20-year planning
horizon, as required by Kalispell and Montana Department of Environmental Quality
(MDEQ). The preliminary engineering design will be reviewed by the City of Kalispell, MDEQ
and MDOT.
The Applicant is proposing a new well and pump house within this development for the
purpose of supplementing the city water system and satisfying water looping requirements.
Silverbrook Estates 22
The Subdivision will then connect into this City water main extension. Within the
development, the water mainlines will also generally follow the road systems and will be
designed to meet City of Kalispell standards. The design and construction of all water mains
will the developer's responsibility. However, all water mainlines extending to the
development and then within the development will be owned and maintained by the City of
Kalispell.
The consumptive water demand is consistent with the anticipated wastewater generation.
The Applicant also has water rights from the Stillwater River for 12,000 gpm from an
existing pump previously used for irrigating cropland. This will be used for irrigating
open space, parks and common areas. These water rights and source will also be
used to fill and replenish the ponds and water features within the Subdivision.
Ground water well logs have been provided for the area and are located in Appendix
L.
9. Solid Waste
Solid waste collection may be serviced initially by a private hauler and then eventually by
city Public Works, with disposal in the Flathead County Solid Waste Facility. Evergreen, a
private hauler, has been contacted and the Applicant is awaiting responses. However, solid
waste disposal will meet the requirements of the Department of Environmental Quality.
Residential solid waste is anticipated to be collected from individual containers located at
the street of each residence. With the exception of collection days, the individual containers
shall be stored out of view. Commercial solid waste is anticipated to be collected at central
trash container areas within the Neighborhood Commercial area, with individual containers
placed near the lot, but within the district parking areas.
10. Drainage
A drainage system comprised of curb and gutter, bridges, storm drain inlets, and culverts is
proposed for the internal roads. All roads within the subdivision will be paved. Drainage
facilities will be designed and installed to accommodate a two-year storm event in
accordance with standard stormwater mitigation processes. The system will also be sized to
allow for a 100-year event in accordance with Montana Department of Transportation
standards. A detailed storm drainage plan will be submitted for review and approval to City
of Kalispell. Runoff will be determined using current regulation for precipitation / frequency
values.
Roads or streets will be shown on the plat and will be designed with minimum grade
changes and disturbances to the natural terrain. This is due to the gentle terrain found
throughout the construction area. Where minimal cuts and fills are necessary, design criteria
will ensure a safe slope from the shoulder and return a topsoil cover for seeding and re-
veg etati on.
The existing drainage system within open areas will remain intact with grading kept to a
minimum, maintaining existing drainage patterns. The main drainage swale will be
enhanced, creating areas of naturalized pooling water and small water falls. Some pond -
lined water features, not directly connected to the main drainage swale, may act as
Silverbrook Estates 23
detention facilities. The difference between pre -development and post -development storm
water volume shall be used for on -site detention basin design.
Erosion control can be minimized during road construction by utilizing. Best Management
Practices (BMP's). Best Management Practices use controls to reduce possible
contamination of surface water. Erosion control plans will be designed and reviewed in
accordance with MDEQ requirements.
Moore Engineering has prepared a Preliminary Engineering Report that presents and
clarifies issues regarding site drainage and proposed sewer facilities. This report has been
provided as Appendix H.
11. Roads
This subdivision will inherently generate more traffic along Church Drive. Montana
Department of Transportation (MOOT) is currently redesigning the intersection of Church
Drive and US Highway 93, as well as the 750 linear feet west from the interchange along the
project site. The Applicant has been in contact with MOOT for coordinating with our
proposed project. Silverbrook Estates' Master Developer intends to annex the property and
half of the 60-foot right-of-way of Church Drive along the property. The Master Developer
plans to finance the design and construction of the rest of Church Drive west of the 750 foot
extension to the intersection of Church Drive and Prairie View Road, to county standards.
It is proposed that lots within the subdivision shall not have direct access onto an existing
arterial road. The lots will have access directly off of the proposed interior roads. No access
will be required across private property in residential areas. The commercial area is currently
being evaluated for these issues. The Montana Department of Transportation (MOOT) has
indicated they will grant access onto US Highway 93 as shown on the plan, with approach
permits being obtained following Preliminary Plat approval.
The road system network throughout Silverbrook Estates will meet or exceed the City of
Kalispell standards, with minor modifications. The design and construction of the road
system will be financed by the Master Developer. The road system will eventually be
dedicated to the City. Future maintenance of these streets will be the responsibility of the
City.
A "Preliminary Traffic Impact Study" has been prepared to specifically evaluate existing and
proposed daily traffic needs adjacent and within the development. Reference Appendix I
for the "Preliminary Traffic Impact Study."
12. Emergency Services
Upon annexation, the project site will be serviced by the Kalispell Fire Department. Randy
Brodehi has been contacted about serving this development. To accommodate future
growth of the area, an approximately 2.5 acre parcel will be dedicated to the City of Kalispell
Fire. This parcel is conveniently located along Church Rd on the west end for quick and
safe access. The Fire Department plans to use this parcel for a well site and fire station.
Until the fire station parcel is operational, the phasing and timing of this project will be
closely coordinated to ensure proper response time and available personnel are available.
Response to the site is dependent on several factors, including, but not limited to the
Silverbrook Estates 24
distance from the scene, weather, road conditions, and availability. As a component of this
development, the Applicant will extend city water services to the project area. Fire hydrants
are proposed to connect into this service as well as commercial areas will be required to
install fire suppression sprinkler systems. The pressure required to operate, and the
locations of these systems will be adequate and will meet all required local, state and
federal requirements.
The Applicant received a response letter from the Kalispell Police Department and is
currently working with the Kalispell Police Department to discuss law enforcement concerns.
Ambulance and EMS service will be provided by the City of Kalispell Fire Department.
Medical services will be provided by the Kalispell Regional Medical Center, which is located
five miles from the project site.
13. Schools
Kalispell Public Schools has been contacted about their capacity, facilities, personnel, and
bus routes, to accommodate the increase in students that may attend the schools from
Silverbrook Estates. On September 20, 2006, discussions with Superintendent Darlene
Schottle identified potential strategies to lessen the impact of providing service to these
additional attendees. With the new high school located at West Reserve and Stillwater, her
concerns basically involved elementary age children, primarily kindergarten and first grade.
instead of adding to an existing facility, one creative idea discussed is to potentially provide
an area within the development for a 2,500 to 3,000 square foot facility (2-3 classrooms),
similar to a preschool, where teachers could conduct satellite classes. This was one of many
ideas discussed. The Applicant will continue discussions with the School District. Darlene
did indicate whether or not the School District #5 will be able to accommodate the projected
300 additional attendees. This number is estimated by using 0.5 students per residence.
14. Economic Benefits
The expertise of an economic consultant was retained for evaluating the economic benefits
and impacts of the Silverbrook Estates Subdivision. Dr. Ann L. Adair, Senior Economist,
from the MSU Center for Applied Economic Research evaluated the commercial impact and
the residential market. Reference this document in Appendix J.
The present tax classification and designation for the subject property is "agricultural rural"
with a tillable, grazing designation and one -acre farm site improvements. The change of
classification to residential urban and commercial urban will greatly elevate the tax potential.
The property of Silverbrook Estates in 2005 generated approximately $12,000 in general
taxes. The current general tax generation under the existing classification will be provided
as well as the anticipated general tax potential for the fully developed subdivision. There are
no foreseen economic disadvantages to the community that will be caused by this
development.
15. Land Use
The current and historical use of this land is agricultural. As in compliance with the proposed
Growth Policy Amendment, this development is proposing various single family residential,
multi -family, and commercial land uses and concurrently seeking annexation as a part of
this application.
Silverbrook Estates 25
The adjacent land uses include a 240-acre conservation easement, agricultural, and arena
(north), US Highway 93 (east), Stillwater river and farmstead (west), and agricultural
residence (south). Access for these adjacent land uses is simplified with the proposed
development. This project is maintaining no access connections to the west. However land
uses to the west and north will benefit from since the Applicant proposes to make
improvements along Church Drive, from US Highway 93 along the project site, and
extending approximately one mile to the intersection of Church Drive and Prairie View Road.
City of Kalispell collector road widths are proposed to be installed for Church Drive. The
overall design of Silverbrook Estates allows for future connection to the southern property,
which is currently under agricultural residential designation. However, discussions with that
property owner indicates it is currently under subdivision redevelopment.
Lot owners and residents of the subdivision will be informed through the Covenants, that
adjacent uses may be agricultural, involving standard agricultural and farming practices,
which can result to dust, animal odors, flies, smoke, and machinery noise (sometimes early
in the morning and late into the evening).
By following the guidance of the Kalispell Growth Policy, the community needs are being
served. The commercial area is located for easy access at the newly redesigned intersection
of US Highway 93 and Church Drive. The residential town home then buffers the
commercial from the single-family residential. There are currently no existing developments
of this nature in the area. There are no known health or safety hazards on or near the
subdivision, nor any nuisances being created by the proposed development.
16. Parks and Recreation Facilities
The open space within the development is proposed for' passive activities. It will be
accessible for use by members of Silverbrook Estates and residents of the City of Kalispell.
Areas adjacent to US Highway 93, the main drainage way, the Stillwater River area, and
pocket -parks within residential areas will serve as recreation areas. A corridor along US
Highway 93 has been proposed, which would include berming, water -features, landscaping,
and a pedestrian/bike path to provide recreation and access for the Kalispell community as
well as Subdivision residents. This pathway will have a loop, to bring users from the highway
corridor, through the community, and along the main drainage way.
The meandering main drainage way, with enhanced water features, spans the entire
Subdivision and will serve as the main recreation corridor. Moving from east to west, the
character of this corridor will transition from a manicured pastoral park to a natural park.
Pedestrian pathways serving subdivision residents will provide access to two pocket parks,
located within residential areas.
Silverbrook Estates is proposed to have all open space to be designed and installed, at the
expense of the Master Developer, and maintained by Property Owners Association as
mentioned in the "Common Area Management plan." Reference Exhibit C: Land Use Map
for open space area locations.
17. Utilities
Utility companies have been contacted concerning providing service to the Subdivision.
Flathead Electric Cooperative is anticipated to provide both gas and electric service in
accordance with applicable Montana Public Service Commission rules and regulations.
Silverbrook Estates 26
Telephone service will be famished by Century Tele. Cable will be provided by Bresnan
Communications. The proposed location of utilities will be coordinated with the respective
utility companies. It is the Applicant's intent that all of these utilities be located underground
where feasible and within rights -of -ways or easements. Installation completion date for each
has been discussed in the phasing discussion. All appropriate utility easements will be
provided along lot lines and roads in accordance with City of Kalispell subdivision design
requirements. All proposed easements will be clearly delineated on the plat.
Silverbrook Estates 27
Silverbrook Estates consists of two distinct, independent Preliminary Plats, which each
contain one phase for infrastructure and improvement development. The Silverbrook
Estates PUD and Subdivision was submitted in this manner to allow the Applicant to install
infrastructure and improvements within a schedule that met the needs of construction timing,
marketing plans and projected absorption of lots.
Each plat has been designed to function independently of the other, standing alone in
infrastructure, utilities, site amenities, parks and open space, and circulation routes for cars
and pedestrians. However, when the entire PUD is implemented, including both plats, the
seamless eventual build -out and layout will facilitate connectivity of infrastructure, utilities,
vehicular thoroughfares and pedestrian linkages. Reference Exhibit I for the "Development
Phasing Plana Even though the two Preliminary Plats were developed for the PUD in this
submittal, only Preliminary Plat 1 has been developed to the necessary submittal
requirements to qualify for review and approvals at this time. This is illustrated on the
Preliminary Plat maps, provided as Exhibit K of this submittal.
The Preliminary Plats will be developed and finalized according to the following tentative
schedule:
PRELIMAPPROVAL
INITIATE
COMPLETE
1 LOTS
FULL
PLAT
ANTICIPATED
IMPROVEMENTS
IMPROVEMENTS
SOLD
BUILD
OUT
1
12/2006
SP/2007
SU/2007
W1/2007
NOT
KNOWN
2
SP/2006
SU/2008
SU/2010
FALL/2010
NOT
KNOWN
The following table describes the breakdown of the timing of the development of certain land
uses within the two Preliminary Plats.
Table 2: Preliminary Plat and Land Use Comparison
LAND USE
PRELIM PLAT 1
PRELIM PLAT 2
TOTAL
Single Family 114 acre
249
137
386
Single Famil 1 /3 acre
31
38
69
Single Famil 1 /2 acre
5
6
11
Town Home
0
120
120
Neighborhood
Commercial
0
12
12
Parking Lots
0
4
4
TOTAL
285
317
Silverbrook Estates 28