02/17/09 Preliminary Plat Phase 2PLANNING FOP, THE FUTURE
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
SUBJECT: Preliminary plat of Silverbrook Estates Phase 2
MEETING DATE: February 17, 2009
BACKGROUND: The Kalispell City Planning Board met on January 27, 2009 and held
a public hearing to consider a request by 93 8s Church, LLC for preliminary plat
approval of Silverbrook Estates Phase 2. Phase 2 includes approximately 167 acres
which constitutes the remaining acreage outside of phases 1 of the 325 acre project
site. Phase 2 proposes 196 single-family lots, 90 townhouse lots and 13 commercial
lots. The single family lots will range in size from approximately 1/4 of an acre up to
1/3 of an acre in size. The townhouse lots will average approximately 4,250 square
feet and have an average lot width of 50 feet. The 13 commercial lots will range in size
from approximately 8,700 square feet to just over one acre. Open space and parkland
areas will make up approximately 48 acres of the 167 acres in phase 2.
Phase 2 lies at the southwest corner of the intersection of Highway 93 and Church
Drive. The 167t acres which make up phase 2 can be described as tract 3 and a
portion of tracts 4 and 5 of Certificate of Survey 15896 located within the NE 1/4 of
Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana.
Planning department staff presented staff report #KPP-08-2 providing details of the
proposal and the evaluation. The planning staff noted two changes from the Planned
Unit Development (PUD) site plan approved by the council in December of 2006 and
the PUD site plan submitted with phase 2. The two changes included increasing the
number of commercial lots from 12 to 13 and reconfiguring the townhouse lots and
reducing the open space and paths around these lots. Planning department staff also
suggested a minor amendment to condition # 15 after discussions with the developer's
representative. The changes to the condition would require berming along Highway 93
to help protect residences from the highway noise, berms between the highway and
commercial lots are not required.
Wayne Freeman of CTA Architects Engineers and Howard Mann of 93 & Church LLC,
spoke in favor of the proposed project. No one else wished to speak and the public
hearing was closed.
The board discussed the conditions requiring additional open space and the need for a
right-of-way connection to the property immediately west. A motion was made and
seconded to add condition #43 that would require an approach to the west that would
be a dedicated right-of-way within Block 54. The developer of Silverbrook Estates
would not be required to construct the connector street. The motion passed
unanimously. The planning board then voted on the motion to recommend approving
the preliminary plat with an amendment to condition # 15 per staffs recommendation
and the addition of condition #43. The motion passed on a 5 to 2 vote.
RECOMMENDATION: A motion to approve the preliminary plat with the 43
conditions recommended by the planning board would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Sean Conrad Myr ebb
Senior Planner Interim City Manager
Report compiled: February 4, 2009
c: Theresa White, Kalispell City Clerk
PLANNING FOR THE FUTURE
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Preliminary plat of Silverbrook Estates Phase 2
MEETING DATE: March 23, 2009
BACKGROUND: The Kalispell City Planning Board met on January 27, 2009 and held
a public hearing to consider a request by 93 & Church, LLC for preliminary plat
approval of Silverbrook Estates Phase 2. Phase 2 includes approximately 167 acres
which constitutes the remaining acreage outside of phases 1 of the 325 acre project
site. Phase 2 proposes 196 single-family lots, 90 townhouse lots and 13 commercial
lots. The single family lots will range in size from approximately 1/4 of an acre up to
1 /3 of an acre in size. The townhouse lots will average approximately 4,250 square
feet and have an average lot width of 50 feet. The 13 commercial lots will range in size
from approximately 8,700 square feet to just over one acre. Open space and parkland
areas will make up approximately 48 acres of the 167 acres in phase 2.
Phase 2 lies at the southwest corner of the intersection of Highway 93 and Church
Drive. The 167t acres which make up phase 2 can be described as tract 3 and a
portion of tracts 4 and 5 of Certificate of Survey 15896 located within the NE 1/4 of
Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana.
Planning department staff presented staff report #KPP-08-2 providing details of the
proposal and the evaluation. The planning staff noted two changes from the Planned
Unit Development (PUD) site plan approved by the council in December of 2006 and
the PUD site plan submitted with phase 2. The two changes included increasing the
number of commercial lots from 12 to 13 and reconfiguring the townhouse lots and
reducing the open space and paths around these lots. Planning department staff also
suggested a minor amendment to condition # 15 after discussions with the developer's
representative. The changes to the condition would require berming along Highway 93
to help protect residences from the highway noise, berms between the highway and
commercial lots are not required.
Wayne Freeman of CTA Architects Engineers and Howard Mann of 93 8s Church LLC,
spoke in favor of the proposed project. No one else wished to speak and the public
hearing was closed.
The board discussed the conditions requiring additional open space and the need for a
right-of-way connection to the property immediately west. A motion was made and
seconded to add condition #43 that would require an approach to the west that would
be a dedicated right-of-way within Block 54. The developer of Silverbrook Estates
would not be required to construct the connector street. The motion passed
unanimously. The planning board then voted on the motion to recommend approving
the preliminary plat with an amendment to condition # 15 per staffs recommendation
and the addition of condition #43. The motion passed on a 5 to 2 vote.
During the council's February 17th meeting to consider the preliminary plat the
council was advised by the Public Works Department of a letter the department
received from the Department of Environmental Quality (DEQ). This letter provided
the department with a conflicting approach on how DEQ views sewage capacity within
the city's lines. The council subsequently tabled the preliminary plat of Silverbrook
Estates Phase 2 until the issue was resolved with DEQ. City staff met with DEQ and
has since resolved the matter. However, to honor the agreement made with DEQ the
Public Works Department is recommending the council consider amending condition
10 as follows:
10. Prior to submitting a final plat application for each phase the developer shall
provide the Public Works Department with a plan of how sewage will be
conveyed to the sewer treatment plant. Silverbrook Phase 2 shall not submit
plans for construction to the city and the city will not review and approve the
plans until the Grandview lift station upgrade is completed. The plan, enee
to final pat approval.- (Findings of Fact, Section D, Sewer)
RECOMMENDATION: A motion to approve the preliminary plat with the 43
conditions recommended by the planning board with staffs recommended amendment
to condition 10 would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Sean Conrad
Senior Planner
Report compiled: March 17, 2009
c: Theresa White, Kalispell City Clerk
AAVRI�I-Z-
Myrt ebb
Interim City Manager
WHEREAS, 93 & Church LLC, the owner of the certain real property described above, has
petitioned for approval of the Subdivision Plat of Phase 2 of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
January 27, 2009 on the proposal and reviewed Subdivision Report #KPP-08-2
issued by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Silverbrook Estates Subdivision Phase 2 subject
to certain conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of February
17, 2009, reviewed the Kalispell Planning Department Report #KPP-08-2, reviewed
the recommendations of the Kalispell City Planning Board and Zoning Commission,
and found from the Preliminary Plat, and evidence, that the subdivision is in the
public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-08-2 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of 93 & Church LLC for approval of the Preliminary Plat
of Silverbrook Estates Subdivision Phase 2, Kalispell, Flathead County,
Montana is hereby approved subject to the following conditions:
General Conditions:
1. 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. Note:
Implementing the conditions of approval may reduce the number of lots shown on the
approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat)
2. The total gross square footage for all buildings on the 13 commercial lots in phase 2A shall
not exceed 120,000 square feet. The largest building shall not exceed 25,000 gross square
feet. (Findings of Fact, Section G, Compliance with Zoning)
3. The preliminary plat approval for phase 2 shall be valid for a period of three years from the
date of approval. (Kalispell Subdivision Regulations, Section 2.06.E).
Prior to final plat:
4. Prior to final plat approval of phase 2B the townhouse lots shall be renumbered with the
A&B designations added to each lot (i.e. 305A and 305B) to further clarify the lots as
townhouse lots. (Findings of Fact, Section G, Compliance with Zoning)
5. The following note shall be placed on the final plat for phase 2B: "Further subdivision of the
lots in phase 2B is prohibited." (Findings of Fact, Section G, Compliance with Zoning)
6. Prior to submitting a final plat application for phase 2C a zone change application for blocks
33 and 40 to change the zoning from R-4 to R-2 shall be approved by the Kalispell City
Council. (Findings of Fact, Section G, Compliance with Zoning)
7. Prior to final plat approval of phase 2A Church Drive shall be striped to include a left turn
lane for the eastern most access point onto Church Drive. The striping shall be approved by
the Public Works Department. (Findings of Fact, Section D, Roads)
8. 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. The design shall be certified in writing by a professional 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)
9. Water and sewer main extensions shall be designed and constructed in accordance 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)
10. Prior to submitting a final plat application for each phase the developer shall provide the
Public Works Department with a plan of how sewage will be conveyed to the sewer
treatment plant. The plan, once reviewed and approved by the Public Works Department,
shall be installed prior to final plat approval. (Findings of Fact, Section D, Sewer)
11. 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)
12. 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)
13. 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)
14. 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 (2006).
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
(2006).
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.
15. A 12-foot meandering berm shall be constructed within the buffer along Highway 93 to
protect residences from highway noise. The berm shall be landscaped with the landscaping
plan reviewed and approved by the Parks and Recreation Department. (Findings of Fact,
Section A, Noise)
16. A letter shall be submitted from an engineer licensed in the state of Montana approving the
reshaped slopes along the Stillwater River and adjacent drainage way for stability purposes in
accordance with CMG Engineering's slope stability assessment. (Findings of Fact, Section
A, Slope Stability)
17. A note shall be shown on the face of the final plat indentifying those lots closest to the crest
of the reshaped slope mentioned in condition 16 and require a minimum 20 foot building
setback from the crest of the reshaped slope. (Findings of Fact, Section A, Slope Stability)
18. The Silverbrook Estates covenants, conditions, restrictions and reservations shall be amended
to include the 9 recommendations from the Montana Department of Fish, Wildlife and Parks
letter of January 12, 2009 to minimize the problems that future homeowners could have with
wildlife, as well as helping them protect themselves, their property, and the wildlife.
(Findings of Fact, Section B, Effects on Wildlife and Wildlife Habitat)
19. Phase 2B shall be amended to include a minimum one acre of open space. The open space
shall be located centrally in either block 29 or block 30. Prior to final plat approval the open
space location shall be approved by the Kalispell Site Review Committee. (Findings of Fact,
Section G, Compliance with Zoning)
20. The one acre open space shall be developed with the following:
® Irrigation
® Landscaping to consist of trees, grass and shrubs
® Pedestrian paths
® A focal feature such as a gazebo, art work or formal garden
The development plan shall be submitted to the Parks and Recreation Department for review
and approval and installed prior to final plat of phase 2B.
21. Additional open space shall be provided either north or south of the one acre open space site
required in condition 19 to provide a linear greenbelt from the intersection of Swift Creek
Way and Diamond Peak Loop to Silvertip Trail. The open space shall be a minimum of 50
feet in width and include a walking path to be constructed per standards approved by the
Parks and Recreation Department. The walking path shall be constructed prior to final plat
approval. (Findings of Fact, Section G, Compliance with Zoning)
22. 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 be
provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision
Regulations, Section 3.11).
23. The 2.19 acre area designated on the preliminary plat as open space in block 46 of phase 2D
will meet the parkland dedication requirements provided that it is developed to create a
recreational amenity within the subdivision. 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)
24. The approved pedestrianibike path plan shall be installed as follows:
® Paths within the open space along Highway 93 shall be installed prior to final plat
approval of phase 2A.
® Paths within the open space along the Stillwater River, wetland and drainage shall be
installed prior to final plat approval of the second phase of the subdivision.
® All other remaining paths shall be installed prior to final plat approval of the
respective phase they are located in. (Findings of Fact, Section D, Parks and Open
Space)
25. A park maintenance district shall be formed in accordance with section 7-12-4001 MCA
incorporating all the lots within Silverbrook Estates phase 2 subdivision. When needed the
taxes levied within the maintenance district shall be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council. Such a district shall become
effective upon recording the final plat of phases 2A, 213, 2C and 2D.
26. The following note shall be placed on the final plat: "Construction of homes on lots 357-363
of Block 31 and lots 305 and 334 of Block 29 should incorporate acoustical architectural
measures along the side of the house facing the highway. 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." (Findings of Fact, Section A, Noise)
27. 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."
28. 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)
29. 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 sanitary sewer upgrades
which will serve the subdivision." (Findings of Fact, Section D, Sewer)
30. 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, Effects on Agriculture)
31. The following note shall be placed on the final plat: `Be aware that an existing arena and
race track are located to the north of the subdivision. Noise generated by the arena and race
track may be heard from your property." (Findings of Fact, Section A, Noise)
32. The rear property boundaries of lots 574-579 of Block 53 shall be amended to provide a
minimum distance of 170 feet from the bank of the Stillwater River to the rear property
boundary. (Findings of Fact, Section B, Effects on Wildlife and Wildlife Habitat)
33. The rear property boundaries of lots 569-572 of Block 53, lots 561-568 of Block 52 and lot
409 of Block 34 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, Effects on Wildlife and Wildlife Habitat)
34. 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 574-579 of Block 53,
lots 569-572 of Block 53, lots 561-568 of Block 52 and lot 409 of Block 34. (Findings of
Fact, Section B, Effects on Wildlife and Wildlife Habitat)
35. The roads 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)
36. 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)
37. 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 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)
38. 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(Q)
39. 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))
40. That a minimum of two-thirds of the necessary infrastructure for each phase of 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. (Findings of
Fact, Section A, On -site improvements)
On going conditions:
41. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17)
42. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
43. A 60 foot public road and utility right-of-way located between Fox Forest Loop and Tract 1D
shall be dedicated to the City of Kalispell within Block 54 to provide road and utility
connections to the property immediately west. Final location of the right-of-way shall be
approved by the Public Works Department. Development of the right-of-way will be
required by the developer of Tract 1D. (Kalispell Planning Board)
SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 17TH DAY OF FEBRUARY, 2009.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
KALISPELL CITY PLANNING BOARD & ZONING COMMSSION
AHNUTES OF SPECIAL MEETING
2009
CALL TO ORDER AND ROLL The special meeting of the Kalispell City Planning Board and
CALL Zoning Commission was called to order at 7:00 p.m. Board
members present were: Bryan Schutt, Rick Hull, C.M.
(Butch) Clark, John Hinchey, Jim Williamson, Richard
Griffin and Troy Mendius. Tom Jentz and Sean Conrad
represented the Kalispell Planning Department. There were
10 people in the audience.
ELIC COMMENT I No one wished to speak.
MEM33ER SEATER I Jim Williamson took his seat at 7:05 p.m.
SILVERBROOK ESTATES, A request by 93 8, Church, LLC for preliminary plat
PHASE 2 PRELIMINARY approval of the second phase of the Silverbrook Estates
PLAT subdivision. Phase 2 includes approximately 167 acres
which constitutes the remaining acreage outside of phase
of the 325 acre project site. Phase 2 proposes 197 single-
family lots, 90 townhouse lots, 13 commercial lots and one
fire station lot.
STAFF REPORT P-08-02 I Sean Conrad representing the Kalispell Planning Department
reviewed staff report KPP-08-02 for the board.
Conrad reviewed the location of the project for the board. He
stated in December of 2006 the city council annexed the 325
acre site known as Silverbrook Estates and approved a
planned unit development zoning overlay district with the
zoning districts of R-2 (Single Family); R-4 (Two Family); and
B-1 (Neighborhood Buffer). The approved PUD plan allowed
for a total of 586 residential lots and 12 commercial lots and
as noted on the approved PUD there was a cap of 125,000
square feet on the commercial area with the largest business
being 25,000 square feet. There are several parks throughout
the project site and a generous highway buffer separating the
residential and commercial development from Highway 93
which is located to the east.
At the same time the council approved the master plan they
also approved phase 1 of the development, which is located
in the southern half of the site and is made up of 249 single
family residential lots. The final plat for half of the lots in
phase 1 has been filed.
Tonight the board is reviewing phase 2 of Silverbrook Estates
which is located in the northern half of the site and includes
townhouse lots, the commercial area, and single family
residential lots. The PUD plan for phase 2 is nearly identical
with just 2 changes, increasing the number of commercial
Kalispell City Planning Board
Minutes of the meeting of January 27, 2009
Page 1 of 6
lots from 12 to 13; and reducing the number of townhouse
lots and shifting the open space within the townhouse lots.
Conrad noted the city's Site Review Committee thought that
the increase in the number of commercial lots from 12 to 13
was minor provided that the commercial lots do not exceed
the overall maximum commercial build out of 125,000
square feet.
Conrad continued regarding the changes in the townhouse
lots the open space, water features, and trails were removed
and townhouse lots were eliminated along Highway 93 and
the townhouse lots west of the commercial area were
replaced with single family lots. The only concern staff had
with the townhouse redesign was the loss of open space that
was in the original, approved plan.
Staff is recommending that this proposed plan move forward
with the condition that a minimum of one acre of open space
be provided in the townhouse development - in either block,
and where the open space is provided they also provide a
swath of open space that would create the linear path that
leads from the townhouse lots to the commercial
development. Conrad said these recommendations are listed
in Conditions 19, 20, 8, 21.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt Staff Report #KPP-08-02 as
findings of fact and recommend to the Kalispell City Council
that Silverbrook Estates, Phase 2 be approved subject to the
42 conditions listed in the staff report.
Conrad concluded by noting staff is recommending an
amendment to Condition # 15 that would read, "A 12-foot
meandering berm shall be constructed within the buffer
along Highway 93 to protect residences from highway
noise. The berm shall be landscaped with the landscaping
plan reviewed and approved by the Parks and Recreation
Department."
BOARDTIONS Clark noted in the past the city has required alleys to keep
the houses from being front loading and preventing what is
called a "snout -house" look. He asked why alleys were not
required for this development. Conrad said when this plan
was approved in 2006 it was noted the design and size of the
lots would prevent the "snout -house" look by downplaying
the garages and moving the living space closer to the street.
Conrad added the width of the lots are 45 - 50 feet and are
much larger than the typical townhouse lots you would find
in the east and west parts of Kalispell. Jentz added based on
the design standards submitted by the developer the garage
will be a small component of the house structure and
therefore staff supported the design._
Kalispell City Planning Board
Minutes of the meeting of January 27, 2009
Page 2 of 6
Schutt said regarding Condition # 10 that relates to sewage
conveyance, is this developer required to build the west side
sewer interceptor? Conrad said the developer is not obligated
to build the west side interceptor, however what it does mean
is right now the city is working with DEQ, looking at the
existing facilities at the Grandview Lift Station, determining
the overall capacity and deciding at what point does a new
system need to be put in. What condition # 10 is saying is
they really don't have the answer yet. When the developer
comes in he needs to provide a plan to the Public Works
Department saying here is how we would like to convey
sewage to the treatment plant and it may be through the
existing city lines or they may not have the capacity.
Griffin asked if there are any conditions that the developer
has concerns with and Conrad said Condition # 15 was an
issue and that is why he brought it up to the board.
Griffin said there are references to fences for the townhouse
lots and will each be fenced, is it a condition or is that at the
option of the builder. Conrad said that would be up to the
individual homeowner or builder. Conrad suggested it may
also be addressed in the CCR's for the project. Conrad
pointed out they were granted an allowance to reduce the
front yard fence height.
Hinchey said he was concerned about the townhouses
blocking the access to the commercial lots but it looks like
Condition #21 addresses that. He asked if they would lose a
lot or two with the required condition and Conrad said
possibly or some of the lots may get slightly smaller. Hinchey
pointed out, however if the lots are made smaller would the
townhouses become more "snout -like". Conrad agreed if
those lots were to become significantly smaller it would be a
concern and he made a note to review that area when the
final plat comes in.
Hinchey noted his disappointment that 6-8 water features in
the new design were removed.
In addition Hinchey said he doesn't see any connectivity to
the west and he thought it would be prudent to provide the
connectivity somewhere near lots 586 and 587. Conrad said
the board could certainly consider recommending the
connectivity to the council.
Clark noted the approved plan appears to be more appealing
than the proposed plan and added he agrees with Hinchey
regarding the connectivity to the west. Clark said
connectivity is absolutely mandatory.
APPLICANT/ CONS T TS ( Wayne Freeman, CTA of Bozeman said they have been
Kalispell City Planning Board
Minutes of the meeting of January 27, 2009
Page 3 of 6
working with the city and the developer on this project since
2006. The original master plan was created 2-1/2 years ago
before anyone could foresee the downturn of the economy
and during the city's evolving criteria for the stormwater
ordinance. He added the economy and stormwater ordinance
is what primarily drove the revisions.
Freeman said very little has changed since this project was
originally presented to the board. Most of the items have
been installed exactly as originally proposed or has been
escalated by the developer with a lot of money and effort.
This project is becoming something that we can all be proud
Of.
Freeman continued in looking at the commercial area the
adjustments were made primarily due to market shift. They
had 120 townhouse units and they have found that is the
item that has really not sold so they looked at adjusting the
numbers. The townhouse lots are larger and they have
strenuous design guidelines that would prohibit "snout -
houses". The landowner would be able to have fencing that
would extend from the building but it has to match the
fencing that is already on site.
Freeman reviewed the stormwater changes and noted they
had to capture the MDT off -site water and put it through
their system and into the established detention and retention
basins. To accommodate the additional water they had to
modify their entire plan.
Freeman said the owner doesn't have a problem with
modifying the plan to include the future connectivity to the
west.
Clark said he doesn't have any problem with the commercial
area but he still has issues with the townhouse design.
Freeman reminded the board that the conditions require the
inclusion of an open space area of at least one acre in the
townhouse area, along with a landscaped pathway to the
commercial area, which he noted will enhance the design.
Further discussion was held.
Griffin said he had noticed a large pond sitting on the north
side of Church Drive this winter and asked if the volume of
water they will have to accept from MDT will be significant
and will they have to alter the system. Freeman said the
work has already been completed and MDT paid for a portion
of the cost.
Griffin asked if the parking requirement for the commercial
area has been met and Freeman said yes.
Hull asked what will happen when Schrade Creek starts
Kalispell City Planning Board
Minutes of the meeting of January 27, 2009
Page 4 of 6
running again and Freeman said the city has required this
development take that flow underground and into the
detention basin.
Hinchey asked if the city encourages through lots and
Conrad said no but they were approved for this PUD plan.
Jentz said what you have is a collector going through the
middle of the development and what this design does is gets
the continuous driveways off of the collector going through
the property. The city looked at the benefits of this design
and thought it would be a plus to the transportation system
through the subdivision. Freeman described the landscaping
through that area for the board.
Howard Mann, 3154 Parkview Lane and developer of
Silverbrook stated the board will see 6-8 of those townhouse
lots disappear with the one acre park so it will look more like
the original plan.
PUBLIC HEARING
No one wished to speak and the public hearing was closed.
MOTION
Hinchey moved and Clark seconded a motion to adopt staff
report KCU-08-04 as findings of fact and recommend to the
Kalispell City Council that Silverbrook Estates, Phase 2 be
approved subject to the 42 conditions listed in the staff
report.
OTION TO AMEND
Clark moved and Williamson seconded a motion to amend
CONDITION # 15
Condition # 15 to read: "A 12-foot meandering berm shall be
constructed within the buffer along Highway 93 to protect
residences from highway noise. The berm shall be
landscaped with the landscaping plan reviewed and approved
by the Parks and Recreation Department."
ROLL CALL - AMD
The motion passed unanimously on a roll call vote.
CONDITION # 15
MOTION TO ADD
Clark moved and Hinchey seconded a motion to add
CONDITION #43
Condition #43 that would require an approach to the west
that would be a dedicated R/W within Block 54. The
developer of Silverbrook Estates would not be required to
construct the connector street.
ROLL CALL - ADD
The motion passed unanimously on a roll call vote.
CONDITION #43
BOARD DISCUSSION
Hull thought a motion should be made that addresses the
townhouse design however Schutt, Hinchey & Clark felt
conditions 19, 20 8v 21 already address that issue.
Hull stated he was opposed to this development from the
beginning because it is too far from the city and city
Kalispell City Planning Board
Minutes of the meeting of January 27, 2009
Page 5 of 6
services are stretched to thin which increases costs. Hull
said he will be voting against this phase too.
ROLL CALL - ORIGINAL
The original motion, as amended, passed on a roll call vote
OTION
of 5 in favor and 2 in opposition.
OLD BUSINESS:
None.
NEW BUSINESS:
None.
ADJOURNMENT
The meeting adjourned at approximately 7:55 p.m.
CORNERSTONE
Immediately following the regular meeting a work session
COMMUNITY CHURCH
was held on the following item:
PLANNED UNIT
DEVELOPMENT
1. Cornerstone Community Church PUD
NEXT MEETING
A work session of the Kalispell City Planning Board and
Zoning Commission is scheduled for February 24, 2009, at
7:00 p.m. in the Kalispell City Council Chambers located
at 201 1st Avenue East in Kalispell. The tentative agenda
will include:
1. An update on the status of the proposed Pre -Release
Center.
2. Kalispell City Zoning Ordinance Update.
The next regular meeting of the Kalispell City Planning
Board and Zoning Commission is scheduled for Tuesday,
March 10, 2009, at 7:00 p.m. in the Kalispell City
Council Chambers located at 201 First Avenue East in
Kalispell.
Bryan H. Schutt
President
Michelle Anderson
Recording Secretary
APPROVED as submitted/corrected: / /09
Kalispell City Planning Board
Minutes of the meeting of January 27, 2009
Page 6 of 6
PLANNING FOR
February 4, 2009
Myrt Webb, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Re: 93 8s Church, LLC - Preliminary Plat request for Phase 2 of Silverbrook Estates
Dear Myrt:
The Kalispell City Planning Board met on January 27, 2009 and held a public hearing to
consider a request by 93 8s Church, LLC for preliminary plat approval of Silverbrook
Estates Phase 2. Phase 2 includes approximately 167 acres which constitutes the
remaining acreage outside of phase 1 of the 325 acre project site. Phase 2 proposes 196
single-family lots, 90 townhouse lots and 13 commercial lots. The single family lots will
range in size from approximately 1 /4 of an acre up to 1/3 of an acre in size. The
townhouse lots will average approximately 4,250 square feet and have an average lot width
of 50 feet. The 13 commercial lots will range in size from approximately 8,700 square feet
to just over one acre. Open space and parkland areas will make up approximately 48
acres of the 167 acres in phase 2.
Phase 2 lies at the southwest corner of the intersection of Highway 93 and Church Drive.
The 167t acres which make up phase 2 can be described as tract 3 and a portion of tracts
4 and 5 of Certificate of Survey 15896 located within the NE 1/4 of Section 13, Township 29
North, Range 22 West, P.M.M., Flathead County, Montana.
Planning department staff presented staff report #KPP-08-2 providing details of the
proposal and the evaluation. The planning staff noted two changes from the Planned Unit
Development (PUD) site plan approved by the council in December of 2006 and the PUD
site plan submitted with phase 2. The two changes included increasing the number of
commercial lots from 12 to 13 and reconfiguring the townhouse lots and reducing the
open space and paths around these lots. Planning department staff also suggested a
minor amendment to Condition # 15 after discussions with the developer's representative.
The changes to the condition would require berming along Highway 93 to help protect
residences from the highway noise, berms between the highway and commercial lots are
not required.
Wayne Freeman of CTA Architects Engineers and Howard Mann of 93 8s Church LLC,
spoke in favor of the proposed project. No one else wished to speak and the public hearing
was closed.
The board discussed the conditions requiring additional open space and the need for a
right-of-way connection to the property immediately west. A motion was made and
seconded to add Condition #43 that would require an approach to the west that would be
a dedicated right-of-way within Block 54. The developer of Silverbrook Estates would not
be required to construct the connector street. The motion passed unanimously. The
planning board then voted on the motion to recommend approving the preliminary plat
with an amendment to Condition # 15, per staff's recommendation, and the addition of
Condition #43. The motion passed on a 5 to 2 vote.
Please schedule this matter for the February 17, 2009 regular city council meeting. You
may contact this board or Sean Conrad at the Kalispell Planning Department if you have
any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
Bryan H. Schutt
President
Attachments: Staff report #KPP-08-02 and application materials
Draft minutes of the 1 / 27/ 09 planning board meeting
Exhibit A (the planning board's recommended conditions of approval)
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: 93 8s Church LLC
Attn: Howard Mann
100 Hathaway Lane
Kalispell, MT 59901
CTA Architects Engineers
Attn: Wayne Freeman
1143 Stoneridge Drive
Bozeman, MT 59718
N
EXHIBIT A
PLANNING BOARD'S • t± r r CONDITIONS OF APPROVAL
SILVERBROOK
• •'
General Conditions:
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. Note: Implementing the conditions of approval may reduce the
number of lots shown on the approved preliminary plat. (Kalispell Subdivision
Regulations, Appendix C - Final Plat)
2. The total gross square footage for all buildings on the 13 commercial lots in phase
2A shall not exceed 120,000 square feet. The largest building shall not exceed
25,000 gross square feet. (Findings of Fact, Section G, Compliance with Zoning)
3. The preliminary plat approval for phase 2 shall be valid for a period of three years
from the date of approval. (Kalispell Subdivision Regulations, Section 2.06.E).
Prior to final plat:
4. Prior to final plat approval of phase 213 the townhouse lots shall be renumbered
with the A&B designations added to each lot (i.e. 305A and 30513) to further clarify
the lots as townhouse lots. (Findings of Fact, Section G, Compliance with Zoning)
5. The following note shall be placed on the final plat for phase 213: "Further
subdivision of the lots in phase 213 is prohibited." (Findings of Fact, Section G,
Compliance with Zoning)
6. Prior to submitting a final plat application for phase 2C a zone change application
for blocks 33 and 40 to change the zoning from R-4 to R-2 shall be approved by the
Kalispell City Council. (Findings of Fact, Section G, Compliance with Zoning)
7. Prior to final plat approval of phase 2A Church Drive shall be striped to include a
left turn lane for the eastern most access point onto Church Drive. The striping
shall be approved by the Public Works Department. (Findings of Fact, Section D,
Roads)
8. 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. The design shall be certified
in writing by a professional 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
3
limited to streets, street lighting, street signage, curb, gutter, boulevard and
sidewalks. (Kalispell Design and Construction Standards)
9. Water and sewer main extensions shall be designed and constructed in accordance
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)
10. Prior to submitting a final plat application for each phase the developer shall
provide the Public Works Department with a plan of how sewage will be conveyed to
the sewer treatment plant. The plan, once reviewed and approved by the Public
Works Department, shall be installed prior to final plat approval. (Findings of Fact,
Section D, Sewer)
11. 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)
12. 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)
13. 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)
14. 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 (2006).
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 (2006).
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.
15. A 12-foot meandering berm shall be constructed within the buffer along Highway 93
to protect residences from highway noise. The berm shall be landscaped with the
11
landscaping plan reviewed and approved by the Parks and Recreation Department.
(Findings of Fact, Section A, Noise)
16. A letter shall be submitted from an engineer licensed in the state of Montana
approving the reshaped slopes along the Stillwater River and adjacent drainage way
for stability purposes in accordance with CMG Engineering's slope stability
assessment. (Findings of Fact, Section A, Slope Stability)
17. A note shall be shown on the face of the final plat indentifying those lots closest to
the crest of the reshaped slope mentioned in condition 16 and require a minimum
20 foot building setback from the crest of the reshaped slope. (Findings of Fact,
Section A, Slope Stability)
18. The Silverbrook Estates covenants, conditions, restrictions and reservations shall
be amended to include the 9 recommendations from the Montana Department of
Fish, Wildlife and Parks letter of January 12, 2009 to minimize the problems that
future homeowners could have with wildlife, as well as helping them protect
themselves, their property, and the wildlife. (Findings of Fact, Section B, Effects on
Wildlife and Wildlife Habitat)
19. Phase 2B shall be amended to include a minimum one acre of open space. The
open space shall be located centrally in either block 29 or block 30. Prior to final
plat approve the open space location shall be approved by the Kalispell Site Review
Committee. (Findings of Fact, Section G, Compliance with Zoning)
20. The one acre open space shall be developed with the following:
• Irrigation
® Landscaping to consist of trees, grass and shrubs
® Pedestrian paths
i A focal feature such as a gazebo, art work or formal garden
The development plan shall be submitted to the Parks and Recreation Department
for review and approval and installed prior to final plat of phase 2B.
21. Additional open space shall be provided either north or south of the one acre open
space site required in condition 19 to provide a linear greenbelt from the
intersection of Swift Creek Way and Diamond Peak Loop to Silvertip Trail. The open
space shall be a minimum of 50 feet in width and include a walking path to be
constructed per standards approved by the Parks and Recreation Department. The
walking path shall be constructed prior to final plat approval. (Findings of Fact,
Section G, Compliance with Zoning)
22. 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 be provided to the Kalispell Parks
and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11).
23. The 2.19 acre area designated on the preliminary plat as open space in block 46 of
phase 2D will meet the parkland dedication requirements provided that it is
developed to create a recreational amenity within the subdivision. A letter from the
Kalispell Parks and Recreation Department shall be provided at the time of final
5
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)
24. The approved pedestrian/bike path plan shall be installed as follows:
® Paths within the open space along Highway 93 shall be installed prior to final
plat approval of phase 2A.
• Paths within the open space along the Stillwater River, wetland and drainage
shall be installed prior to final plat approval of the second phase of the
subdivision.
All other remaining paths shall be installed prior to final plat approval of the
respective phase they are located in. (Findings of Fact, Section D, Parks and
Open Space)
25. A park maintenance district shall be formed in accordance with section 7-12-4001
MCA incorporating all the lots within Silverbrook Estates phase 2 subdivision.
When needed the taxes levied within the maintenance district shall be determined
by the Parks and Recreation Department with approvals by the Kalispell City
Council. Such a district shall become effective upon recording the final plat of
phases 2A, 2B, 2C and 2D.
26. The following note shall be placed on the final plat: "Construction of homes on lots
357-363 of Block 31 and lots 305 and 334 of Block 29 should incorporate
acoustical architectural measures along the side of the house facing the highway.
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. (Findings of Fact, Section A, Noise)
27. 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."
28. 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)
29. 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 sanitary
sewer upgrades which will serve the subdivision." (Findings of Fact, Section D,
Sewer)
30. 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, Effects on Agriculture)
31. The following note shall be placed on the final plat: "Be aware that an existing arena
and race track are located to the north of the subdivision. Noise generated by the
arena and race track may be heard from your property." (Findings of Fact, Section
A, Noise)
32. The rear property boundaries of lots 574-579 of Block 53 shall be amended to
provide a minimum distance of 170 feet from the bank of the Stillwater River to the
rear property boundary. (Findings of Fact, Section B, Effects on Wildlife and
Wildlife Habitat)
33. The rear property boundaries of lots 569-572 of Block 53, lots 561-568 of Block 52
and lot 409 of Block 34 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, Effects on Wildlife and
Wildlife Habitat)
34. 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 574-579 of
Block 53, lots 569-572 of Block 53, lots 561-568 of Block 52 and lot 409 of Block
34. (Findings of Fact, Section B, Effects on Wildlife and Wildlife Habitat)
35. The roads 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)
36. 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)
37. 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
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)
38. 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))
39. 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."
7
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
40. That a minimum of two-thirds of the necessary infrastructure for each phase of 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. (Findings of Fact, Section A, On -site improvements)
On going conditions:
41. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
42. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
43. A 60 foot public road and utility right-of-way located between Fox Forest Loop and
Tract 1 D shall be dedicated to the City of Kalispell within Block 54 to provide road
and utility connections to the property immediately west. Final location of the
right-of-way shall be approved by the Public Works Department. Development of
the right-of-way will be required by the developer of Tract 1 D. (Kalispell Planning
Board)
1 14
REPORTREQUEST FOR SILVERBROOK ESTATES SUBDMSION PHASE 2
STAFF ..
A report to the Kalispell City Planning Board and the Kalispell City Council regarding the
request for preliminary plat approval for 299 lots on approximately 167 acre property
located on the north end 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
January 27, 2009, 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: In December of 2006 the Kalispell City Council
annexed the 325 acre site which is located at the southwest corner of the intersection of
Highway 93 and Church Drive. The council, upon annexation, assigned the property
with three zoning districts; R-2 (Single -Family Residential), R-4 (Two -Family Residential)
and B-1 (Neighborhood Buffer District). The council also approved a planned unit
development (PUD) known as Silverbrook that master planned the 325 acre site. The
PUD allowed a total of 586 residential lots comprised of 466 single family lots and 120
townhouse lots, and 12 commercial lots. The council also approved the first phase of
the Silverbrook Estates subdivision which gave preliminary approval to plat 249 single
family lots on approximately 160 acres. The developer received final plat approval on a
portion of phase 1 in 2008.
The developer is now requesting preliminary plat approval of the second phase of the
Silverbrook Estates subdivision. Phase 2 includes approximately 167 acres which
constitutes the remaining acreage outside of phases 1 of the 325 acre project site.
Phase 2 proposes 196 single-family lots, 90 townhouse lots and 13 commercial lots. The
single family lots will range in size from approximately 1 / 4 of an acre up to 1 / 3 of an
acre in size. The townhouse lots will average approximately 4,250 square feet and have
an average lot width of 50 feet. The 13 commercial lots will range in size from
approximately 8,700 square feet to just over one acre. Open space and parkland areas
will make up approximately 48 acres of the 167 acres in phase 2.
Technical Assistance:
93 &. Church LLC
100 Hathaway Lane
Kalispell, MT 59901
(406) 756-8077
CTA Architects Engineers
1143 Stoneridge Drive
Bozeman, MT 59718
B. Location and Legal Description of Property: The property proposed for
subdivision lies at the southwest corner of the intersection of Highway 93 and
Church Drive. The 167t acres which make up phase 2 can be described as tract
3 and a portion of tracts 4 and 5 of Certificate of Survey 15896 located within the
NE 1/4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead
County, Montana.
C. Fadsting Land Use and Zoning: The property has been used for agricultural
production in the recent past however with annexation into the city in 2006 that has
ceased. Although the 167 acre project site is currently vacant, development of the
Silverbrook Estates subdivision phase 1 is occurring immediately to the south.
Improvements from phase 1 have also occurred on phase 2. This includes
Silverbrook Drive and upgrades to Church Drive, located on the northern end of
phase 2.
Existing zoning includes a combination of R-2, R-4 and B-1 zoning districts. The R-
2 zoning district covers the majority of the 167 acre site. Approximately 25 acres of
the 167 acre site is zoned R-4 and approximately 15 acres is zoned B-1.
The R-2, Single Family Residential zoning district is intended to provide adequate lot
areas for urban residential development. This district is also intended to have good
thoroughfare access, and be in proximity to community and neighborhood facilities
such as schools, parks and shopping areas. The minimum lot area required in the
R-2 is 9,600 square feet.
The R-4, Two -Family Residential, zoning district provides for residential development
with minimum lot areas. Development within the district requires all public utilities,
and all community facilities. The minimum lot size requirement in the R-4 is 6,000
square feet.
The B-1 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 district is not intended for those businesses that require
the outdoor display, sale and/or storage of merchandise, outdoor services or
operations to accommodate large-scale commercial operations. The minimum lot
size in the B-1 district is 7,000 square feet.
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; City R-2 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. The first phase of the Silverbrook Estates
subdivision is located immediately south and permits 249 single family residential
lots. This is the largest residential development in the area however recent
annexations and zoning approvals for lands a mile south will continue to change
2
12
54
this area from a rural residential and agricultural area to urban scale commercial
and residential development. This phase of Silverbrook Estates would be the
northern most boundary of the urban scale development to occur along the
Highway 93 corridor within city limits.
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:
Kalispell School District #5/Whitefish School District
Fire:
Kalispell Fire Department
Police:
City of Kalispell
•
Phase 2 includes approximately 167 acres which constitutes the remaining
acreage outside of phases 1 of the 325 acre project site. Phase 2 proposes 197
single-family lots, 90 townhouse lots and 13 commercial lots
The single family lots will range in size as follows:
® 80 lots at approximately 1/4 of an acre
® 95 lots at approximately 1/3 of an acre
® 21 lots at approximately 1/2 of an acre
The townhouse lots will average approximately 4,250 square feet and have an
average lot width of 50 feet. The 13 commercial lots will range in size from
approximately 8,700 square feet to just over one acre.
Phase 2 is divided into four separate subphases; phase 2A, 2B, 2C and 2D. A
map showing the location of each of the subphases is included in the application
packet. A breakdown of the lots within each of the subphases is as follows:
® Phase 2A - 13 commercial building lots and 6 parking lots within the B-1
zoning district
® Phase 2B - 90 townhouse lots within the R-4 zoning district
® Phase 2C - 85 single family lots within the R-2 and R-4 zoning districts
® Phase 2D - 111 single family lots and a 2 acre park within. the R-2 zoning
district.
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 a 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. A park is proposed in the western half of the project site. Open
space and parkland areas will make up approximately 48 acres of the 167 acres
in phase 2 with the trails and parks open to public use.
3
Ltaku I i' Ja l IR 1, `11 •
• I . 9 I• 0,
A. Effects on Health and Safety:
Fire: This subdivision is in the service area of the Kalispell Fire Department. 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 2 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 at the northern edge of our current fire service area.
To help aid the fire department in it's ability to locate a future fire station north of
the existing city limits, the owners proposed a 2.5 acre fire station/well site to
serve the future residents in the area as part of phase 1. With the final plat
approval of phase lA the city will receive the future fire station site.
Flooding: Prior to submitting the subdivision the owners had PBS80 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 city 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 by this
summer.
Internally, the subdivision has one collector roadway, Silverbrook Drive,
connecting Highway 93 at the southeast corner of the subdivision in phase 1 to
Church Drive. Local access roadways to serve the individual lots within phase 2
will be constructed within a 60-foot road right-of-way.
In summary, the development proposes only one access along US 93. Silverbrook
Drive, constructed in phase 1, will access Highway 93 at the very south end of the
PUD project site. There are no additional access points proposed onto Highway
93. Along the north boundary of phase 2, 3 access points over a distance of %
mile are or will be constructed onto Church Drive. Church Drive will connect to
US 93 at the future interchange. The intersection of Silverbrook Drive and
Church Drive is already completed. The other two access points onto Church
Drive are proposed to be constructed as part of phase 2A.
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 200 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. Immediately
adjacent to this buffer is a city street, providing additional distance between
future residential homes and the highway.
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 (MDT) was contacted to comment on
the proposed buffer from Highway 93 as part of the preliminary plat review of
phase 1. 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 and recommended a berm of about 12 feet
high.
By providing a berm that breaks the line of sight the Highway Department's 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 suggested 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.
The developer has already constructed a majority of the berm along the highway
as part of phase 1. Phase 1 also has a condition requiring the berm be a
minimum of 12 feet. For consistency between phases 1 and 2 the planning
department recommends the berm along Highway 93 also be built to a minimum
height of 12-feet. In addition to the berm, the planning department would also
5
recommend advising future residential lot owners closest to Highway 93, lots 357-
363 of block 31 and lots 305 and 334 of block 29, to utilize acoustical
architectural measures as suggested by MDT when constructing their homes.
This too was a condition of preliminary plat approval for phase 1.
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 may be heard from their property.
On -site Improvements: The City of Kalispell has required past residential
subdivisions to complete a minimum of two-thirds of the necessary infrastructure
(water, sewer, roads, etc.) prior to filing the final plat. The city staff recommends
this condition on each plat because staff would like to insure that prior to issuing
a building permit on a new lot; there is access which meets the fire department's
minimum standards as well as water and sewer services. The City has in the past
allowed subdivisions to file a final plat and subsequent home construction to
begin prior to a majority of the infrastructure installed. Problems have arisen in
the past with insufficient water for fire suppression and sewer mains not working
properly as new homes are being occupied. Therefore, in order to mitigate these
potential impacts to the public's health and safety, staff is recommending a
condition requiring a minimum of two-thirds of the infrastructure be installed
prior to final plat.
Slope Stability: The Stillwater River makes up just over half of the western
boundary of phase 2. The high banks of the Stillwater River are prone to
sloughing and slides. The sloughing or slides 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 super
saturated and slides occur. Historically in the Stillwater and Whitefish river
drainages, 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.
When the Silverbrook Estates project was first proposed in 2006, planning
department staff conducted several site inspections. During these inspections it
was noted that hillside sloughing had occurred in the area of lots 575 to 583 as
shown on the preliminary plat of phase 2. The owner and his consultants were
aware of this issue and hired CMG Engineering, Inc. who conducted a
geotechnical investigation. The geotechnical investigation included, among other
things, a slope stability assessment.
The slope stability assessment states that the slopes along the western property
boundary are a safety concern in their current condition and will likely fail during
a design level earthquake. CMG recommended the slopes be graded to provide for
an acceptable factor of safety against sliding during high groundwater conditions
and the design level earthquake. They further recommend a building setback of
20 feet from the crest of the reshaped slope.
0
The introduction and background discussion included with the phase 2
application notes that the recommended grading for the unstable slopes along the
Stillwater River has been completed. Planning staff is recommending a condition
be included requiring an engineer's approval of the reshaped slopes for stability
purposes in accordance with CMG Engineering's slope stability assessment. In
addition, a note should be required on the preliminary plat indentifying those lots
closest to the crest of the reshaped slope and requiring a minimum 20 foot
building setback as recommended by the slope stability assessment.
The slope stability assessment also noted the steeper slopes along the drainage
that extends from the Stillwater River east towards the center of the subdivision.
The slope stability assessment mentions a recommended 50 foot property line
setback from the crest of the slope for water quality and wildlife habitat
protection. The assessment states that, "In our opinion, a set -back distance of 50
feet is more than adequate for the slopes in the vicinity of the drainage that
extends to the center of the site..." This setback would be adjacent to lots 561 to
573 in phase 2D and lots 408 and 409 in phase 2C.
B. Effects on Wildlife and WildlifeHabitat: The Stillwater River is located along a
portion of the western edge of the subdivision. In addition, a large drainage is
located along a portion of the south boundary of phase 2 and flows westward into
the Stillwater River. The 167 acres within phase 2 of the project includes
approximately 2,300 lineal feet of Stillwater River frontage and approximately
1,800 lineal feet of the drainage. 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. In the area along the
Stillwater River, much of it remains open and undeveloped.
The Montana Department of Fish, Wildlife and Parks (FWP) commented on the
proposed subdivision. 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
100 feet adjacent to the stream be protected with natural vegetation.
Chapter 7, The Natural Environment, of the Kalispell Growth Policy 2020 lists the
following Goals and Policies:
Goal 1
ENCOURAGE DEVELOPMENT THAT IS COMPATIBLE WITH OR ENHANCES
NATURAL RESOURCE VALUES INCLUDING AIR, WATER, SOIL AND
VEGETATION.
Goal 2
DEVELOPMENT NEAR ENVIRONMENTALLY SENSITIVE AREAS SHOULD BE
ACCOMPLISHED SO THAT THESE FEATURES ARE LEFT IN A RELATIVELY
UNDISTURBED STATE.
PROTECT WETLAND AND RIPARIAN AREAS SINCE THEY ARE IMPORTANT IN
FLOOD PROTECTION, MAINTAINING WATER QUALITY AND PROVIDING
HABITAT.
7
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 2 which meet the recommended setbacks by Fish, Wildlife and Parks,
several lots, the rear portion of lots 574 to 579 of phase 2D are located closer
than 200 feet. In order to meet the above cited goals and policy of the Kalispell
Growth Policy the planning department is recommending the lot boundaries be
amended to provide for a 200 foot building setback. This will require the rear lot
boundaries to be adjusted anywhere from several feet to upwards of 20 feet. The
CC&R's for the Silverbrook Estates subdivision along with a recommended
condition of approval will require a 30 foot building setback along the rear
property boundary of these lots to obtain a building setback of 200 feet. 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.
Regarding the wetlands and associated drainage along the south boundary of
phase 2, phase 1 of the Silverbrook Estates subdivision was required to alter lot
lines adjacent to the wetlands and drainage to provide for a minimum distance of
50-feet from the top of the bank. The contour line designating the top of the bank
was determined by City staff and the developer's consultants. This minimum
setback provides for the retention of native vegetation along the edge of the banks
of the drainage and wetlands. Planning department staff is recommending this
same condition of approval for phase 2.
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 a
property line 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.
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. By placing the land
along the Stillwater River in a park setting, 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.
Because of the very prominent presence of wildlife in the area of the subdivision
H
FWP recommends steps are taken to minimize attractants such as garbage, fruit
trees and bird feeders. Included in the CC&R's of the Silverbrook Estates
subdivision it recommends keeping garbage containers in a shed or garage and
alerts property owners that fruit -bearing trees may attract wildlife. Planning
department staff is recommending the language in the Silverbrook CC&R's be
expanded to include the recommendations of FWP letter of January 12, 2009.
The recommendations in their letter expand on the recommendations currently
contained in the Silverbrook CC&R's and provide additional information to
decrease the potential for human/wildlife conflicts.
C. Effects on the Natural Environment:
Surface and groundwater: The Stillwater River is located on the western edge of
the subdivision. In addition to the river, surface waters collected on site flow to a
drainage located on the southern end of phase 2. The water collected in this
drainage travels west through an existing wetland 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.
The soils report conducted by CMG Engineering, Inc. included boring data that
indicates saturated soils between 7-20 feet or more below the surface. It is the
city council's policy to recommend against basement construction if groundwater
is between 5-10 feet below the surface. The borings which had the highest
groundwater levels were in the eastern part of the subdivision in the area of
phases 2A and 2B. The planning department is therefore recommending a
condition that recommends against basements within phases 2A and 2B.
Drainage: As stated above, a large drainage is located on the southern end of
phase 2; however the majority of the site is relatively flat. Curbs and gutters will
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 preliminary plat included with the application shows two storage basins, one
on either side of the Silverbrook Drive immediately adjacent to the existing large
drainage traversing the property. The storage basin on the east side of
Silverbrook Drive will be used for phase 2C. The storage basin on the west side of
Silverbrook Drive will be used for phase 2D with the park in phase 2D as a
possible alternative storage basin. The drainage plan will have to comply with the
City of Kalispell's standards, State standards and will be required to be reviewed
and approved by the Kalispell Public Works Department. The engineering plans
note that the stormwater for phases 2A and 2B has already been addressed in
phase 1 of Silverbrook Estates.
Wetlands: A wetland delineation report was conducted by PBS&,J. The report
noted a wetland fringe along the boundary of the Stillwater River. This area is
proposed to be in open space in order to limit impacts to it. Two wetland areas
were also noted within phase 2. The larger of the two, approximately 4.3 acres is
located along a portion of the southern boundary of phase 2. The second wetland
area, approximately 0.10 of an acre is located west of lot 579 at the bottom of a
small draw. Lot locations and building setbacks discussed in section B, Effects
9
on Wildlife and Wildlife Habitat would mitigate any potential impacts to the
wetlands.
Water: Water service to the subdivision would be provided by the City of
Kalispell. The developer, as part of phase 1, extended a 14 inch water line from
the intersection of Highway 93 and West Reserve Drive to the Silverbrook Estates
subdivision. Within phase 1, 8 and 10 inch main lines were installed within the
street right-of-ways. The application states that for the residential portion of
phase 2, 8 inch water lines will be extended to serve these lots. The exact pipe
size for the commercial portion of the subdivision will be determined depending
on the uses there.
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: In addition to installing water main lines along Highway 93 to serve the
Silverbrook Estates subdivision, the owner also installed sewer lines. An 18 inch
gravity sewer line was installed from the Silverbrook project site south along
Highway 93. The 18 inch sewer line terminates at a sewage pumping station
located north of the Stillwater River and West of U.S. Highway 93. From the lift
station sewage is then taken by a force main and a gravity main to a lift station at
the intersection of Highway 93 and Grandview Drive. The existing downstream
sanitary sewer collection system (downstream of the Grandview pumping station)
does not have the capacity to accommodate the sewer flows from this or any new
development generating sewer flows toward the sewage pumping station located at
the intersection of U.S. 93 and Grandview Drive.
The Kalispell Public Works Department has stated that additional off -site
improvements are necessary to convey sewage from the subdivision site and other
development in this area to the waste water treatment plant, located
approximately 5 1/2 miles south.
The department is recommending that upon submitting a final plat application for
this phase the developer provide the department with a plan of how sewage will be
conveyed to the wastewater treatment plant. The plan, once reviewed and
approved by the department, would be required to be installed prior to final plat
approval.
Eventually sewer from the north and west areas of Kalispell, those areas north of
Four Mile Drive, will be served by a future west side sanitary sewer interceptor.
The sewer interceptor will be constructed to bypass existing city infrastructure
which may be at or near capacity. These existing sewer lines are expensive to
expand and possibly difficult to replace because of the built up environment
around them, which is why a new sanitary sewer line is needed.
The west side sanitary sewer interceptor will be built west of Highway 93 and may
use portions of the future Highway 93 bypass. The purpose of the new sanitary
10
interceptor is to convey sewage from future development on the north end of the
city to the treatment plant.
Lots within phase 2 of Silverbrook Estates will eventually use this new sewer
interceptor. In order for the construction costs of the sewer interceptor to be
shared by all development the interceptor will serve, the Kalispell Public Works
Department is recommending a condition be placed on the fmal plat waiving the
future lot owner's right to protest the creation of a special improvement district
(SID). This special improvement district would be implemented by the city to
cover construction and engineering costs associated with the sewer interceptor.
Within the Silverbrook subdivision twelve inch gravity sewer lines were installed
for phase 1 and phases 2A and 2B will utilize these existing sewer lines. A
wastewater lift station will need to be installed to serve phases 2C and 2D. The
lift station will be located near the southeast corner of phase 2D adjacent to
Silverbrook Drive. Wastewater will travel through the lift station and a force main
eventually connecting with the existing 12 inch gravity main line in phase 1.
Design and construction of the mains within phase 2 will be reviewed and
approved by the Kalispell Public Works Department.
Roads: Phase 2 will be served by a collector roadway, Silverbrook Drive, which
has been constructed and serves as the primary access into and out of the
Silverbrook Estates subdivision. Silverbrook Drive connects with Highway 93 in
the southeast corner of phase 1 and travels northwest, connecting with Church
Drive at the northern end of the overall 325.1 acre project site. The entire length
of Silverbrook Drive was constructed as part of phase 1.
A number of local roads are proposed to serve the individual lots throughout
phase 2. 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. The streets serving the neighborhood commercial portion of the
project will be constructed to allow easy on -street parking and provide for wider
sidewalks. These streets will be 40 feet wide with 13 foot wide sidewalks on either
side of the street.
Silverbrook Drive is proposed to be the only access point onto Highway 93 for
both phases 1 and 2 of Silverbrook Estates. 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
11
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 both phases 1 and
2. This includes all of the single family and townhomes proposed as part of the
master plan development of the 32 5. 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 both phases, the development
would create approximately 7,847 average daily vehicle trips from the
subdivision. The discussion on trip distribution notes that 40% of the traffic could
be expected to travel north with 50% 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.
At full build out nearly all of the intersections will function within an acceptable
level of service (LOS). The delay value used in determining LOS is known as
control delay. Control delay is defined as the total delay experienced by a driver
and includes initial deceleration delay, queue move -up time, stopped delay, and
final acceleration delay. The delay a vehicle experiences is a function of the
capacity of the approach, the volume of traffic, and the signal timing (if present).
The LOS values of an intersection are represented by the letters A through F. LOS
A represents the best control delay scenario which has little or no waiting time at
the intersection. LOS F represents the worst case scenario where waiting times at
a particular intersection may take 80 seconds or longer for a vehicle to execute
the desired movement; making a left turn, right turn or continuing straight
through the intersection.
The only intersection expected to have a degraded level of service is the
intersection of Highway 93 and Silverbrook Drive/Tronstad Road. The traffic
study shows that at PM peak hours the eastbound and westbound approaches at
the Tronstad Road intersection are expected to operate at level E. The traffic
study recommends constructing right turn pockets for eastbound and westbound
approaches at the intersection of Tronstad Road and Highway 93. This will
improve the level of service at this intersection from E to D.
Other recommendations include acceleration and deceleration lanes at the
Highway 93 and Church Drive intersection, eliminating existing approaches onto
Highway 93 between Church Drive and Silverbrook Drive and constructing a left
turn lane for westbound traffic on Church Drive at the project's east access road.
This is the road intersection serving the neighborhood commercial development.
Improvements needed within the Highway 93 right-of-way have been reviewed by
the Montana Department of Transportation (MDT). Necessary mitigation work
within the highway right-of-way has been completed or a payment has been
provided by the developer per the agreement between the developer and MDT.
This includes the intersection of Highway 93 and Silverbrook Drive/Tronstad
12
Church Drive was improved as part of the construction of phase 1. The
improvements included curb, gutters, sidewalks on the south side and widening
the road. The road widening anticipated the future left turn lane needed at the
west bound entrance. To accommodate the recommended left turn lane only
striping is needed as the road has already been widened. The striping for the left
turn lane will be included in the recommended conditions of approval.
Church Drive, located on the northern end of phase 2, 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 entire road. The developer
has reconstructed the south side of Church Drive as part of phase 1. However,
the reconstruction only included that portion of Church Drive which fronts the
Silverbrook Estates subdivision. 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. The waiver of protest would enable the city to
reconstruct additional sections of Church Drive that will be impacted by this
subdivision.
Schools: The northern half of phase 2 is within the Whitefish School District.
This includes approximately 190 residential lots. The remaining residential lots
in the south half of phase 2 are within Kalispell School District #5. The school
districts could anticipate that an additional 143 school aged children might be
generated into the district at full build out (95 within the Whitefish School District
and 48 within Kalispell School District #5). 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 subdivision may have potentially significant
impact on both districts, particularly on a cumulative level with other
developments pending within the districts - both urban and rural particularly
with high school -aged students.
Section 76-3-608(1) of the Montana Code Annotated states that the governing
body may not deny approval of a proposed subdivision based solely on the
subdivision's impacts on educational services. The school districts have been
notified of the proposed subdivision. No comments have been received to date.
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 when the density of a subdivision does not exceed 11,880 square feet per
dwelling unit. The proposed subdivision does not exceed this density limit.
Therefore, a minimum amount of parkland dedication of 9.6 acres is required
based on 87.8 acres of land to be subdivided into residential lots.
During the review of the PUD in 2006 the staff report noted that the developer
proposed 80.2 acres or approximately 25% of the overall project site open space.
Phase 2 includes a total of 49.83 acres of open space, 22.4 acres of suitable open
13
space (those areas outside the 100-year floodplain and with slopes less than 20%)
and 27.43 acres of unsuitable open space (those areas within the 100-year
floodplain and with slopes greater than 20%).
The first page of the preliminary plat provides an acreage breakdown for the lots,
open space and roads within the subdivision. The total acreage of open space is
48.33 acres, 1.5 acres less than what the developer proposed in the PUD plan.
The decrease in open space appears to be from reduced open space areas around
the commercial lots in phase 2A and the townhouse lots in phase 2B.
Condition 2 of the PUD approval (Ordinance No. 1597) requires the development
of the 325 acre site to substantially comply with the conceptual site plan which
included more open space areas than are depicted on the PUD conceptual plan
submitted with phase 2. In accordance with the PUD agreement, the PUD plan
was brought before the city's site review committee for consideration of the open
space modifications. The site review committee reviewed the modifications at its
January 8th meeting and deemed the modifications minor. In deeming them
minor the committee noted that the slight reduction in density of 15 townhouse
lots would correspondingly reduce the open space/park requirements. However,
it appeared that there was a significant loss of open space in the immediate area
of the townhouses; therefore, the committee recommended additional open space
of one acre to be placed within the townhouse development and a linear open
space swath to connect the open space within the townhouse development with
the commercial development to the north. The Parks and Recreation Department
is recommending the one acre open space be developed with the following:
® Irrigation
® Landscaping to consist of trees, grass and shrubs
® Pedestrian paths
• A focal feature such as a gazebo, art work or formal garden
A pedestrian path is also recommended within the linear open space connecting
the open space within the townhouse development to the commercial district to
the north. Further discussion of this open space recommendation can be found
under section G - Compliance with Zoning, of this staff report.
Within the other open space areas along the Stillwater River, drainage, and
highway the owners are proposing landscaping, water features and a
pedestrian/bike path to provide recreational access to both the residents of the
subdivision and the greater Kalispell community. In addition to the open space
within phase 2 the developer is proposing one park approximately 2.19 acres in
size located in block 46 of phase 2D.
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 4
ASSURE ADEQUATE AND SAFE ACCESS TO PARKS FROM RESIDENTIAL
14
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 Kalispell City Council has also adopted a Parks and Recreation
Comprehensive Master Plan. This plan provides direction as to park types
(neighborhood park, community park, regional park) and general locations of
park sites. Figure 7.1: Proposed Recreation Facilities, in the Parks and
Recreation Comprehensive Master Plan recommends the. Stillwater River corridor
be part of a natural open space area.
The developer has placed the Stillwater River corridor in phase 1 within an open
space setting. The open space is controlled by the homeowners association. The
river corridor in phase 2 is also proposed to be within a common open space area
instead of individual lots. The placement of the river corridor within a common
open space area complies with the above recommendation found in the Parks and
Recreation Comprehensive Master Plan.
The Parks and Recreation Department already reviewed and approved the park
plan for the park in phase 2D. The department has also approved the
pedestrian/bike path construction designs for the entire subdivision. The
department is recommending the 2.19 acre park be installed or bonded for with
the final plat of phase 2D. For the pedestrian/bike paths the department is
recommending the path along Highway 93 be completed with the final plat
approval of phase 2A. The paths along the drainage and Stillwater River would be
installed or bonded for with the final plat approval of the second phase of
development. This may occur in phase 213, 2C or 2D whichever is requested for
final plat approval first. This will insure the recreational paths are in place when
a majority of the lots within Silverbrook Estates have been created. There are
several remaining paths located in phase 2C and 2D which provide connections
from the interior subdivision streets to Church Drive. These paths will need to be
installed prior to final plat approval of the phase in which the path is located.
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.
In the event that the property owners association does not wish to continue the
maintenance of the parks and open space areas within Silverbrook phase 2, the
maintenance would defer to the Parks and Recreation Department. The
department commented that it would take over the maintenance of the parks and
open space areas but is recommending a park maintenance district be formed in
order to provide funding for the on -going maintenance of the park and open space
areas. Therefore, a recommended condition of approval would require a park
maintenance district be formed upon final plat approval of each phase of the
project. The maintenance district would not be funded however until such time
as the parks and open space areas are turned over to the city by the property
15
owners association.
Police: This subdivision is in the jurisdiction of the City of Kalispell Police
Department. The department can adequately provide service to this subdivision,
however the cumulative impacts of growth within the City further strains the
department's ability to continue to provide the high level of service the department
is committed to.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department and the subdivision will 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.
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,
approximately 4 miles from the site.
E. Effects on 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.
Lands to the north and west of phase 2 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:
Policy 1
Encourage and create incentives to conserve agricultural lands.
Policy 2
Encourage urban growth into areas which are not environmentally sensitive or
16
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 2006 to extend the Kalispell Growth Policy Future Land Use Map north of the
current city limits approximately 2 miles and the approval of phase 1 of
Silverbrook Estates, 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 phase 2 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.
P. 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 167 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.
In December of 2006 the Kalispell City Council annexed the entire 325.1 acre
project site which constitutes both phases 1 and 2 of Silverbrook Estates. Initial
zoning provided for phase 2 includes R-2 for areas designated Suburban
Residential, R-4 for areas designated High Density Residential and B-1 for areas
designated Neighborhood Commercial. These zoning districts comply with their
associated land uses, goals and policies contained in the Kalispell Growth Policy.
G. Compliance with Zoning: The 167 acres which make up phase 2 includes three
zoning districts, R-2, R-4 and B-1. The owner requested and the city council also
approved a planned unit development (PUD) zoning overlay district for the entire
325.1 acre project site. The PUD, known as Silverbrook, provided the developer
the opportunity to deviate from the zoning and subdivision regulations and gave
the city council a master plan development of the entire 325.1 acre site. In
December of 2006 the city council approved the Silverbrook PUD by Ordinance
17
1597. Condition 2 requires the development of the 325.1 acre site to
substantially comply with the conceptual site plan. The conceptual site plan
depicted lot and road locations, parks, pathways and open space areas on the
site.
Planning staff has noted two modifications from the approved PUD conceptual
plan. The modifications are:
1. Increasing the number of commercial lots from 12 to 13.
2. Reconfiguring the townhouse lots and reducing the open space and paths
around these lots.
Section IV of the PUD agreement allows minor modifications of the PUD
agreement based on the review and approval of the city's site review committee.
The site review committee reviewed the modifications at its January 8th meeting
and deemed the modifications minor. In deeming them minor the committee
recommends placing the following conditions on the project:
® The total gross square footage for all buildings on the 13 commercial lots shall
not exceed 120,000 square feet. The largest building shall not exceed 25,000
gross square feet. (This is based on the maximum commercial square footage
as shown on the approved PUD plan)
® A minimum one acre of open space shall be provided within the townhouse
phase of the subdivision. The open space should be located centrally in either
block 29 or block 30.
® Additional open space shall be provided either north or south of the one acre
open space site to provide a linear greenbelt from the intersection of Swift
Creek Way and Diamond Peak Loop to Silvertip Trail. The open space should
be a minimum of 50 feet in width and include a walking path.
With the above recommendations on this plat the site review committee
determined the revised PUD conceptual plan submitted with phase 2 would
substantially comply with the approved PUD plan.
Nearly two-thirds of the townhouse lots meet or exceed the minimum lot size of
6,000 square feet in the R-4 district. The R-4 district is a two family residential
zoning district where a duplex may be constructed on a single lot. Townhouse
lots, by definition, allow ownership of the parcel of land with one single family
dwelling unit on the land. This unit is attached with another single family
dwelling unit but separated with a common party wall having no doors, windows
or other provisions for human passage or visibility. The concern is that a future
lot buyer of a townhouse lot may question why two units would not be allowed on
the lot instead of one if the lot exceeds the minimum lot area of the R-4 district. If
this is allowed to happen the density of the subdivision can greatly increase and
paired lots may be split apart causing problems building the intended townhouse
units. To avoid these potential problems the planning staff recommends the
following:
IN
® Townhouse lots shall be renumbered with the A&B designations added to each
lot (i.e. 305A and 305B) to further clarify the lots as townhouse lots.
® No further subdivision of the lots located in phase 2B.
When the city council annexed the 325.1 acre project site the majority of the
property was zoned R-2. A B-1 zoning district was approved in the northeast
corner of the site which is shown as phase 2A. The R-4 zoning district was
approved for land immediately south and west of the B-1 zoning district. The
approved PUD plan proposed townhouse lots within the entire area zoned R-4.
The revised PUD plan submitted with phase 2 shows townhouse lots south of the
commercial district but has replaced the townhouse lots west of the commercial
district with single family lots. These lots occupy blocks 33 and 40 on the
preliminary plat and range in size from approximately 10,400 square feet to
13,000 square feet.
The planning department and the city's site review committee do not see problems
with changing the townhouse lots to single family lots however, the single family
lots are still zoned R-4. This allows future property owners of these lots to
construct either a single family home or a duplex on each of the properties.
The consultant would like to maintain the single family residential nature of the
area west of the commercial and townhouse blocks. To do this the consultant has
agreed that prior to submitting a final plat application for phase 2C the owner will
submit a zone change for blocks 33 and 40. The zone change would rezone the
two blocks from R-4 to R-2 to maintain the single family neighborhood setting and
avoid potential duplexes being constructed on the lots. The condition to rezone
the portion of property in phase 2C has been included in the recommended
conditions of approval.
H. Compliance with the Kalispell Subdivision Regulations: In December of 2006
the city council reviewed and approved the Silverbrook PUD which provided a
master plan for the 325.1 acre site. Part of the PUD request allowed two
deviations to the Kalispell Subdivision Regulations. The two deviations include
allowing longer block lengths and providing a sidewalk on only one side of the
street instead of both sides for one of the street within the neighborhood
commercial phase of the subdivision which borders a significant open space area.
As a required condition of approval for longer block lengths the developer is
required to provide a pedestrian pathway connection at mid -block or where it
deemed most appropriate given surrounding streets and paths. The preliminary
plat of phase 2 provides for such connections in accordance with the PUD
condition.
• uw 1 1Y.V4 a to)
Staff recommends that the Kalispell City Planning Board adopt staff report KPP-
08-2 as findings of fact and recommend to the Kalispell City Council that Phase 2
of Silverbrook Estates be approved subject to the conditions listed below:
19
General Conditions:
1. 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. Note: Implementing the conditions of approval may reduce the
number of lots shown on the approved preliminary plat. (Kalispell Subdivision
Regulations, Appendix C - Final Plat)
2. The total gross square footage for all buildings on the 13 commercial lots in phase
2A shall not exceed 120,000 square feet. The largest building shall not exceed
25,000 gross square feet. (Findings of Fact, Section G, Compliance with Zoning)
3. The preliminary plat approval for phase 2 shall be valid for a period of three years
from the date of approval. (Kalispell Subdivision Regulations, Section 2.06.E).
Prior to final plat:
4. Prior to final plat approval of phase 2B the townhouse lots shall be renumbered
with the A&B designations added to each lot (i.e. 305A and 30513) to further
clarify the lots as townhouse lots. (Findings of Fact, Section G, Compliance with
Zoning)
5. The following note shall be placed on the final plat for phase 2B: "Further
subdivision of the lots in phase 2B is prohibited." (Findings of Fact, Section G,
Compliance with Zoning)
6. Prior to submitting a final plat application for phase 2C a zone change application
for blocks 33 and 40 to change the zoning from R-4 to R-2 shall be approved by
the Kalispell City Council. (Findings of Fact, Section G, Compliance with Zoning)
7. Prior to final plat approval of phase 2A Church Drive shall be striped to include a
left turn lane for the eastern most access point onto Church Drive. The striping
shall be approved by the Public Works Department. (Findings of Fact, Section D,
Roads)
8. 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. The design shall be certified
in writing by a professional 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)
20
9. Water and sewer main extensions shall be designed and constructed in
accordance 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)
10. Prior to submitting a final plat application for each phase the developer shall
provide the Public Works Department with a plan of how sewage will be conveyed
to the sewer treatment plant. The plan, once reviewed and approved by the Public
Works Department, shall be installed prior to final plat approval. (Findings of
Fact, Section D, Sewer)
11. 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)
12. 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)
13. 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)
14. 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 (2006).
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 (2006).
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.
15. A 12-foot meandering berm shall be constructed within the buffer along Highway
93. The berm shall be landscaped with the landscaping plan reviewed and
21
approved by the Parks and Recreation Department. (Findings of Fact, Section A,
Noise)
16. A letter shall be submitted from an engineer licensed in the state of Montana
approving the reshaped slopes along the Stillwater River and adjacent drainage
way for stability purposes in accordance with CMG Engineering's slope stability
assessment. (Findings of Fact, Section A, Slope Stability)
17. A note shall be shown on the face of the final plat indentifying those lots closest to
the crest of the reshaped slope mentioned in condition 16 and require a minimum
20 foot building setback from the crest of the reshaped slope. (Findings of Fact,
Section A, Slope Stability)
18. The Silverbrook Estates covenants, conditions, restrictions and reservations shall
be amended to include the 9 recommendations from the Montana Department of
Fish, Wildlife and Parks letter of January 12, 2009 to minimize the problems that
future homeowners could have with wildlife, as well as helping them protect
themselves, their property, and the wildlife. (Findings of Fact, Section B, Effects
on Wildlife and Wildlife Habitat)
19. Phase 2B shall be amended to include a minimum one acre of open space. The
open space shall be located centrally in either block 29 or block 30. Prior to final
plat approve the open space location shall be approved by the Kalispell Site
Review Committee. (Findings of Fact, Section G, Compliance with Zoning)
20. The one acre open space shall be developed with the following:
® Irrigation
® Landscaping to consist of trees, grass and shrubs
® Pedestrian paths
® A focal feature such as a gazebo, art work or formal garden
The development plan shall be submitted to the Parks and Recreation Department
for review and approval and installed prior to final plat of phase 2B.
21. Additional open space shall be provided either north or south of the one acre open
space site required in condition 19 to provide a linear greenbelt from the
intersection of Swift Creek Way and Diamond Peak Loop to Silvertip Trail. The
open space shall be a minimum of 50 feet in width and include a walking path to
be constructed per standards approved by the Parks and Recreation Department.
The walking path shall be constructed prior to final plat approval. (Findings of
Fact, Section G, Compliance with Zoning)
22. 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 be provided to the Kalispell Parks
and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11).
23. The 2.19 acre area designated on the preliminary plat as open space in block 46
of phase 2D will meet the parkland dedication requirements provided that it is
developed to create a recreational amenity within the subdivision. A letter from
22
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)
24. The approved pedestrian/bike path plan shall be installed as follows:
® Paths within the open space along Highway 93 shall be installed prior to final
plat approval of phase 2A.
® Paths within the open space along the Stillwater River, wetland and drainage
shall be installed prior to final plat approval of the second phase of the
subdivision.
® All other remaining paths shall be installed prior to final plat approval of the
respective phase they are located in. (Findings of Fact, Section D, Parks and
Open Space)
25. A park maintenance district shall be formed in accordance with section 7-12-
4001 MCA incorporating all the lots within Silverbrook Estates phase 2
subdivision. When needed the taxes levied within the maintenance district shall
be determined by the Parks and Recreation Department with approvals by the
Kalispell City Council. Such a district shall become effective upon recording the
final plat of phases 2A, 2B, 2C and 2D.
26. The following note shall be placed on the final plat: "Construction of homes on
lots 357-363 of Block 31 and lots 305 and 334 of Block 29 should incorporate
acoustical architectural measures along the side of the house facing the highway.
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. (Findings of Fact, Section A, Noise)
27. 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."
28. 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)
29. 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 sanitary
sewer upgrades which will serve the subdivision." (Findings of Fact, Section D,
Sewer)
30. 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, Effects on
23
Agriculture)
31. The following note shall be placed on the final plat: "Be aware that an existing
arena and race track are located to the north of the subdivision. Noise generated
by the arena and race track may be heard from your property." (Findings of Fact,
Section A, Noise)
32. The rear property boundaries of lots 574-579 of Block 53 shall be amended to
provide a minimum distance of 170 feet from the bank of the Stillwater River to
the rear property boundary. (Findings of Fact, Section B, Effects on Wildlife and
Wildlife Habitat)
33. The rear property boundaries of lots 569-572 of Block 53, lots 561-568 of Block
52 and lot 409 of Block 34 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, Effects on
Wildlife and Wildlife Habitat)
34. 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 574-579
of Block 53, lots 569-572 of Block 53, lots 561-568 of Block 52 and lot 409 of
Block 34. (Findings of Fact, Section B, Effects on Wildlife and Wildlife Habitat)
35. The roads 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)
36. 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)
37. 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 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)
38. 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))
39. The following statement shall appear on the final plat: 'The undersigned hereby
24
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))
40. That a minimum of two-thirds of the necessary infrastructure for each phase of
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. (Findings of Fact, Section A, On -site improvements)
On going conditions:
41. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
42. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
25
r Afontaga T" Sk9
�VtkWe (& TWI s
. rkP'i 14 2009
KALISPELL PLANNING DEPARTMENT
Sean Conrad
City of Kalispell Planning Department
201 1 st Avenue East
Kalispell, MT 59901
Dear Mr. Conrad,
490 N. Meridian Road
Kalispell, MT 59901
(406) 752-5501
FAX (406) 257-0349
January 12, 2008
REF: JV001-09
Thank you for the opportunity to comment on the preliminary plat for Phase 2 of
Silverbrook Estates along the Stillwater River near Church Drive. We appreciate
the developer adopting our recommendations in Phase 1, and suggest similar but
slightly modified setback recommendations for Phase 2 as follows:
A minimum 200-foot building setback with at least the first 100 feet
adjacent to the Stillwater River in protected natural vegetation. In our
comments on Phase 1 we suggested 75 feet adjacent to the Stillwater
River in protected natural vegetation. However, in review, a 100-foot
natural vegetation buffer is much more serviceable for streambank
protection, large mammal movement, small mammal dens and foraging,
and bird nesting and foraging.
Also, as in our comments regarding Phase 1, the proposed development
should include a sizable homeowners' or public park along the Stillwater
River and associated wetlands.
In addition, to reduce the potential for human/bear, human/mountain lion,
human/deer, and other human/wildlife conflicts associated with development,
Montana FWP prints several brochures that can be helpful in preventing/reducing
human/wildlife conflicts. These brochures include such titles as Living With Black
Bears, Living With Grizzlies, Why Is This Bear In My Backyard, Living With
Mountain Lions, Living With Deer, Living With Skunks, Living With Raccoons,
Living With Woodpeckers, Living With Bats, Putting Out the Unwelcome Mat, and
Living With Dogs & Cats. Montana FWP encourages developers or
homeowners' associations to provide copies of the above brochures to all new
property owners.
The following conditions are recommended to minimize problems that future
homeowners could have with wildlife, as well as helping those individuals protect
themselves, their property, and the wildlife.
a) Homeowners must be aware of the potential for vegetation damage by
wildlife, particularly from deer feeding on lawns, gardens, flowers,
ornamental shrubs, and trees in this subdivision. Homeowners should be
prepared to take the responsibility to plant nonpalatable vegetation or
protect their vegetation (fencing, netting, repellents) in order to avoid
problems. Landscape plantings of certain species of native vegetation are
less likely to suffer damage by deer.
b) Fruit -producing trees and shrubs should not be allowed because they
attract bears. If present they must be fenced with electric fencing to deter
bears. Keep produce and any fruit picked and off the ground. Ripe or
rotting fruit or vegetable material attracts bears, deer, skunks, and other
wildlife. To help keep wildlife such as deer out of gardens, fences should
be 8 feet or taller or electric fences utilized.
c) Garbage must be stored either in secure, bear -resistant containers or
indoors (or both) to avoid attracting wildlife such as bears. If stored
indoors, garbage cans may not be set out until the morning of garbage
pickup and must be brought in no later than that same evening. If home
sites are occupied seasonally or if the occupants are to be away from the
household for 7 days or more, garbage from the home, other buildings, or
containers must be removed from the property prior to their departure.
d) Do not feed wildlife or offer supplements (such as salt or mineral blocks),
attractants, or bait for deer or other wildlife. Feeding wildlife results in
unnatural concentrations of animals that can lead to overuse of
vegetation, disease transmission, and other adverse effects to wildlife
(such as foundering of deer). Such actions unnecessarily accustom wild
animals to humans, which can be dangerous for both. It is against state
law (MCA 87-3-130) to purposely or knowingly attract bears with
supplemental food attractants (any food, garbage, or other attractant for
game animals) or to provide supplemental feed attractants in a manner
that results in "an artificial concentration of game animals that may
potentially contribute to the transmission of disease or that constitutes a
threat to public safety." Also, homeowners must be aware that deer might
attract mountain lions to the area.
e) Birdseed is an attractant to bears and deer. Use of bird feeders is not
recommended from April 1 through November 30. If used, bird feeders
must: a) be suspended a minimum of 10 feet above ground level
(measured from bottom of catch plate), b) be at least 4 feet from any
support poles or points, and c) be designed with a catch plate located
below the feeder and fixed such that it collects the seed knocked off the
feeder by feeding birds. Hummingbird feeders will follow the same
criteria.
2
f) Pet food must be stored indoors, in closed sheds, or in bear -resistant
containers in order to avoid attracting wildlife such as bears, mountain
lions, skunks, and other wildlife. When feeding pets, do not leave food out
overnight.
g) Barbecue grills must be stored indoors, and permanent outdoor barbecue
grills shall not be allowed in this subdivision. Keep all portions of the
barbecues routinely clean. Food spills and smells on and near the grill
attract bears and other wildlife.
h) Compost piles and beehives can attract bears and must be fenced with
electric fencing to prevent access to them or not allowed in the
subdivision.
i) Domestic animals such as horses, cattle, pigs, sheep, goats, llama,
poultry, etc. (including those kept as 4H projects), can attract bears,
mountain lions, and coyotes. Animals must be housed with this in mind
and livestock feeds, especially grain related, must be fed in a manner that
does not allow deer or bears to have access to them.
Sincerer,
Mark Deleray
Fisheries Biologist
John Vore
Wildlife Biologist
3
lortar�a C � �C
D sk,
W-e� ;'rtAJ p3,1 212006
490 N. Meridian RwIgfiELL PLANNING DEPARTMENT
Kalispell, MT 59901
(406) 752-5501
FAX (406) 257-0349
10/23/06
REF:MD041-06.doc
Sean Conrad
City of Kalispell Planning Department
17 Second St. East
Suite 211
Kalispell, MT 59901
Dear Mr. Conrad,
Thank you for the opportunity to comment on the proposed 586-lot subdivision
(Silverbrook Estates) along the Stillwater River near Church Drive. The proposal
includes a significant amount of development along a relatively undeveloped
section of the Stillwater River. At present, the stream banks in this area have
healthy riparian vegetation including mature trees and riparian shrubs. This
natural vegetation allows for stable stream banks, creates habitat for many fish
and wildlife species, and provides a natural setting. As this area develops, it is
important that these resources are maintained and protected. Building setbacks
and vegetated buffers are means of protecting riparian areas, fish and wildlife
habitat, and water quality. Generally, the wider the widths of setbacks and
buffers the more resource protection they provide. For a stream the size of the
Stillwater River, we generally recommend at a minimum 200 foot building
setbacks with at least the first 75 feet adjacent the stream in protected natural
vegetation. These widths will help filter pollutants, such as fertilizers and
petroleum products that come from the upland development. Within this setback,
there maybe opportunity for trails; however, these sites should be carefully
chosen to maintain the protective characteristics of the filter.
Unfortunately, the proposed plan includes many lots close to the Stillwater River
and associated wetlands, in the vicinity of 100 feet. In addition, the subdivision
sits up on a bench with steep banks down to these waters. The steepness of the
bank reduces the ability of the setbacks and vegetated buffers to filter pollutants.
Setbacks of 300 feet or more with wide vegetated buffer zones may be
necessary on steeper slopes to remove most pollutants.
We suggest the proposed development include a sizable homeowner's or public
park along the Stillwater River and the associated wetlands. This would allow
uniform and consistent management and protection of the stream and floodplain
resources. It would eliminate the potential for vegetation removal, mowing and
fertilization, grazing, and other land uses that would degrade the riparian zone,
stream banks, habitat values, and water quality.
All future development along the Stillwater River should be carefully planned to
prevent degradation of the stream banks, natural riparian vegetation, and
floodplain zones in an effort to protect water quality of these waters and Flathead
Lake. We recommend the judicious use of public parks and trails, homeowner's
parks, or other open space conservation tools along with significant building
setbacks and wide vegetated buffer zones to maintain the high quality of the
riparian community within this proposed development.
Sincerely,
Mark Deler
Fished s to t
Gael Bissell
Wildlife Biologist
" - -BIS24
January 14, 2009
E E V IE
JAN 15 2009
Sean Conrad
Kalispell Planning Department KALISPELL PLANNING DEPARTMENT
201 1" Avenue East
Kalispell, Montana 59901
Mr. Conrad:
RE: Silverbrook Estates preliminary plat application for phase 2
Thank you for the opportunity to comment on the above referenced subdivision. The landfill
capacity currently available is from 30 to 60 years based upon an annual tonnage increase of 8%
per year or 2% per year respectively.
The District requests that all new subdivisions use a private hauler to bring the solid waste to the
landfill. Owner hauling of solid waste from the subdivision should not be the primary method of
disposal. Evergreen Disposal is the (PSC) Public Service Commission Licensed hauler in this
area. Their business phone number is 406-257-1739.
After reviewing the project summary, I believe that the issue of solid waste needs to be
addressed more in the preliminary plat document.
Please feel free to contact me with any questions. My direct number is 406-758-5773. Thank
you again for the opportunity to comment on this project.
Respectfully,
la- cktl
James Chilton
Operations Manager
Flathead County Solid Waste District
FLATHEAD COUNTY SOLID WASTE DISTRICT
4098 Highway 93 North • Kalispell, Montana 59901 0 (406) 758-5933 • fax (406) 758.5918 • trash@co.flathead.mt.us to
i
F Ili
- .. _ •
FILE NO: '' 1' 1
1, the undersigned certify that I did this date mail via Certified Mail a copy
of the attached notice to the following list of landowners a!ajoining the
property lines of the property where a preliminary plat
has been requested.
n.-
au.
-- : 13-2-2
Tract/Lot: 1, 2, 3AA
.: ;.. / I
• :c }
F-,tligfork,59911
CTA
Attn: Wayne Freeman
Bozeman, MT 59718
• •
January 27, 2009
A special meeting of the Kalispell City Planning Board and Zoning Commission is scheduled
for Tuesday, January 27, 2009 beginning at 7:00 PM in the Kalispell City Council
Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will
hold a public hearing and take public comments on the following agenda items. The Board
will make recommendations to the Kalispell City Council who will take final action.
1. A request by 93 & Church, LLC for preliminary plat approval of the second phase of the
Silverbrook Estates subdivision. Phase 2 includes approximately 167 acres which
constitutes the remaining acreage outside of phase 1 of the 325 acre project site. Phase 2
proposes 197 single-family lots, 90 townhouse lots, 13 commercial lots and one fire
station lot. The single family lots will range in size from approximately 1/4 of an acre up
to 1/3 of an acre in size. The townhouse lots will average approximately 4,250 square feet
and have an average lot width of 50 feet. The 13 commercial lots will range in size from
approximately 8,700 square feet to just over one acre. Open space and parkland areas
will make up approximately 48 acres of the 167 acres in phase 2. The preliminary plat of
phase 2 substantially complies with the PUD master plan the city council approved in
December of 2006. The property proposed for subdivision 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 i/4 of Section 13, Township 29 North, Range 22 West,
P.M.M., Flathead County, Montana.
Documents pertaining to the agenda item are on file for public inspection at the Kalispell
Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public
review during regular office hours.
Interested persons are encouraged to attend the hearing and make their views and concerns
known to the board. Written comments may be submitted to the Kalispell Planning
Department at the above address, prior to the date of the hearing, or you may call us at (406)
758-7940, or e-mail us at planningakalispell.com for additional information.
i
4.,4 TJnVt____
Thomas R. Jentz
Planning & Building D rector
93 & Church, LLC CTA
Silverbrook Investment, LLC Attn: Wayne Freeman Majestic Valley, LLC
P.O. Box 1028
Winter Park, 3154 Parkwood Lane 1143 Stoneridge Drive ,
FL 32790
Bigfork, MT 59911 Bozeman, MT 59718
Flathead Village Greens
500 Palmer Drive
Kalispell, MT 59901
David & Theresa Burt
195 Hagerman Lane
Kalispell, MT 59901
Northern Eagle Holdings, LLC
3577 Hwy 93 North
Kalispell, MT 59901
Marilyn Noonan
P.O. Box 10171
Kalispell, MT 59904
Rick 8s Rebecca Myers
15 Miranda Drive
Kalispell, MT 59901
Sky Air Enterprises
1885 Stillwater Road
Kalispell, MT 59901
Herbert & Lavonne Koenig Humane Society of NW Montana Moerkerke Family Trust
430 Church Drive P.O. Box 221 14550 N Frank L. Wright Blvd
Kalispell, MT 59901 Kalispell, MT 59903 Suite 100
Scottsdale, AZ 85260
Northwest Property Dev, LLC Bill & Karen Franklin Richard Mullee Trust
1082 Silvertip Drive P.O. Box 3513 3595 US Hwy 93 North
Bigfork, MT 59911 Kalispell, MT 59903 Kalispell, MT 59901
Gregory Limberis
157 Hagerman Lane
Kalispell, MT 59901
Carol Fitzpatrick
550 Lindsey Lane
Kalispell, MT 59901
Bruce 8s Karen Christiansen
3695 US Hwy 93 N
Kalispell, MT 59901
Chad & Elizabeth Ballman
150 Sheafman Creek Road
Victor, MT 59875
West Valley Land Use Committee
Attn: Gary Krueger
805 Church Drive
Kalispell, MT 59901
Ronald 8v Bonnie Kuehne
173 Hagerman Lane
Kalispell, MT 59901
Neoma & Phillip Anderson
120 Highland Drive
Kalispell, MT 59901
Martin & Susan Gilman
P.O. Box 7274
Kalispell, MT 59904
James & Susan Syvertson
135 Highland Drive
Kalispell, MT 59901
Eric & Dennis Wutke
3465 US Hwy 93 North
Kalispell, MT 59901
Ronald 8v Susan McKoy
3569 US Hwy 93 N
Kalispell, MT 59901
Victoria Yorton City of Kalispell
P.O. Box 36933 Attn: City Clerk
Albuquerque, NM 87176 P.O. Box 1997
Kalispell, MT 59903
B.J. Grieve Gordon Cross, President
Flathead County Planning & Zoning Flathead County Planning Brd
1035 - 1st Avenue West P.O. Box 296
Kalispell, MT 59901 Whitefish, MT 59937
No. 13898
NOTICE OF PUBLIC
HEARING
KALISPELL CITY
PLANNING BOARD
AND ZONING COM-
MISSION
January 27, 2009
A special meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uled for Tuesday, Janu-
ary 27, 2009 beginning
at 7:00 PM in the Kalis-
pell City Council Cham-
bers, Kalispell City Hall,
201 First Avenue East,
Kalispell. The planning
board will hold a public
hearing and take public
comments on the follow-
ing agenda items. The
Board will make recom-
mendations to the Kalis-
pell City Council who
will take final action.
1. A request by 93 &
Church, LLC for prelimi-
nary plat approval of the
second phase of the Sil-
verbrook Estates subdi-
vision. Phase 2 includes
approximately 167
acres, which constitutes
the remaining acreage
outside of phase 1 of
the 325-acre project
site. Phase 2 proposes
197 single-family lots,
90 townhouse lots, 13
commercial lots and one
fire station lot. The sin-
gle-family lots will range
in size from approxi-
mately 1/4 of an acre up
to 113 of an acre in size.
The townhouse lots will
average approximately
4,250 square feet and
.have an average lot
width of 50 feet. The 13
commercial lots will
range in size from ap-
proximately 8,700
square feet to just over
one acre. Open space
and parkland areas will
make up approximately
48 acres of the 167
acres in phase 2. The
preliminary plat of
phase 2 substantially
complies with the PUD
master plan the city
council approved in De-
cember of 2006. The
property proposed for
subdivision lies at the
southwest comer of the
intersection of Highway
93 and Church Drive.
The property can be de-
scribed as Tracts. 1, 2,
and 3AA within the NE
1/4 of Section 13, Town-
ship 29 North, Range 22
West, P.M.M., Flathead
County, Montana.
Documents pe �Ig
to the agenda ite,.. are
on file for public inspec-
tion at the Kalispell.
Planning Department,.
201" First Avenue East,
:r`_ Kalispell, MT-59.901
and are available for
public review during`
regular office flours
Interested persons are
encouraged to -offend
the hearing•and>make
their yiewws and con-
cerns 'known to<_the4
board..Written coin
merits may be:.submit
ted to the Kalispeff Plan-;
ning; Department=.at;:the,:
above address;; p ,or;to
�;- the: date: of the hearing,.
or you may call us at
(406)'758-7940; ore -
mail us atplanning.Qka-
lispelf:com for addifional
information.
/s/Thomas R. den tz
Thomas R-.Jentz
Planning:&• Building
Director.. _.
Jan. 11, 2009
STATE OF MONTANA
� = IW-11oZKel01�'A
AFFIDAVIT OF PUBLICATION
RICHELLE ROONEY BEING DULY
SWORN, DEPOSES AND SAYS: THAT SHE IS THE
LEGAL CLERK OF THE DAILY INTER LAKE A
DAILY NEWSPAPER OF 'GENERAL CIRCULATION,
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA, AND THAT NO. 13898
LEGAL ADVERTISMENT WAS PRINTED AND
PUBLISHED IN THE REGULAR AND ENTIRE ISSUE
OF SAID PAPER, AND IN EACH AND EVERY COPY
THEREOF ON THE DATES Of Jan. 11, 2009.
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE MINIMUM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FOR THE SAME NUMBER OF INSERTIONS.
1
Subscribed and sworn to
Before me this January 12, 2009
Dorothy G
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/11/09