2. Resolution 5615 - Preliminary Plat - Cliff View SubdivisionREPORT TO: Doug Russell, City Manager D�
FROM: Tom Jentz, Director, Kalispell Planning Department
SUBJECT Preliminary Plat - Cliff View Subdivision
MEETING DATE: May 6, 2013
BACKGROUND: The Kalispell City Planning Board met on April 9, 2013, and held a public
hearing to consider a request from Skadi Properties LLC to subdivide an existing lot into three
lots. The existing lot, Lot 7 of the Amended Plat of Lots 4 and 7 of the Resubdivision of Lot 1 of
Minor Subdivision Plat No. 117, is approximately 26,789 square feet in size and is undeveloped
at this time. The proposed subdivision, Cliff View, would create three lots ranging in size from
7,900 square feet to 10,800 square feet. The proposed subdivision site is zoned R-3/PUD, a
residential zoning district with a planned unit development overlay zoning. However, the PUD
has no bearing on the three proposed lots and the developer is not requesting to amend the PUD.
The proposed subdivision is located on the west end of Mile High Court. Mile High Court is
located on the east side of Denver Avenue approximately 1,000 feet south of the intersection of
Denver Avenue and Sunnyside Drive. The proposed subdivision is located in the NE % of the
NW % of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
Prior to the staff presentation President Graham recused himself from the discussion on the
preliminary plat of Cliff View Subdivision noting that he has worked with the applicants in the
past on another area of the subdivision, although not the one currently being reviewed, and he
felt participating in this discussion would be a conflict of interest. President Graham turned the
meeting over to Richard Griffin.
Planning Department staff provided the planning board with a brief presentation of the proposed
subdivision. Staff noted condition #4 deals with a storm water report and engineering drainage
plan and after discussions with the applicant and Public Works staff, planning staff is
recommending that the planning board consider amending this condition as follows:
"The developer shall submit to the Kalispell Public Works Department for review
and approval a stormwater report and an engineered drainage plan that meets t
requirements f the , ent eity standards f desig,, and „s*,.,,etio.,. 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)"
The Public Works Department recommended amending condition #4 above to remove reference
to the city's current city standards because there is an existing engineered storm water report on
file from the original subdivision approval granted in 2007 and public works has agreed to let the
applicant's engineer use those numbers in calculating their storm water plan so that a section of
condition #4 can be deleted. Staff concluded the presentation by recommending the Kalispell
City Planning Board and Zoning Commission adopt staff report KPP-13-01 as findings of fact
and recommend to the Kalispell City Council that the preliminary plat of Cliff View Subdivision
be approved subject to the 13 conditions as amended.
During the public hearing portion of the meeting Noah Bodman of Skadi Properties, LLC spoke
in favor of the proposed subdivision. No one else spoke at the public hearing and the hearing
portion of the meeting was closed.
A motion was made and seconded to approve the preliminary plat with the 13 conditions, as
amended, in the staff report. The motion was unanimously approved.
RECOMMENDATION: A motion to approve the preliminary plat of the Cliff View
Subdivision with 13 conditions recommended by the planning board.
FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the City.
ALTERNATIVES: Deny the request.
Respectfully submitted,
Tom Jentz
Director
Report compiled: April 16, 2013
c: Theresa White, Kalispell City Clerk
RESOLUTION NO.5615
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF CLIFF
VIEW SUBDIVISION, MORE PARTICULARLY DESCRIBED AS LOT 7 OF THE
AMENDED PLAT OF LOTS 4 AND 7 OF THE RESUBDIVISION OF LOT 1 OF MINOR
SUBDIVISION PLAT NO.117 IN THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, Skadi Properties, LLC, the owner of the certain real property described above, has
petitioned for approval of the Subdivision Plat of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
April 9, 2013 on the proposal and reviewed Subdivision Report #KPP-13-1 issued by
the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Cliff View Subdivision subject to certain
conditions and recommendations, and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of May 6, 2013,
reviewed the Kalispell Planning Department Report #KPP-13-1, 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 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-13-1 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Skadi Properties for approval of the Preliminary Plat
of Cliff View Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
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. (Kalispell
Subdivision Regulations, Appendix C — Final Plat)
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval. (Kalispell Subdivision Regulations, Section 2.04).
Prior to final plat:
3. An easement shall be granted to the city on the south side of the hammerhead turnaround on
lot 3 for snow storage. The exact easement location shall be reviewed and approved by the
Kalispell Public Works department and shown on the final plat. (Finding of Fact, Section D)
4. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater report and an engineered drainage plan. 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)
5. 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)
6. 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)
7. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland
equal to 0.09 acres of land. The payment shall be based on the fair market value of undivided,
unimproved land. (Kalispell Subdivision Regulations, Section 3.11).
8. After completion of the water and sewer service line installation in Mile High Court the
developer shall repave that portion of the street impacted by the installations. The extent of
repaving shall be reviewed and approved by the Kalispell Public Works Department prior to
the work being completed. (Finding of Fact, Section D)
9. A note shall be placed on the face of the final plat prohibiting basements in future homes on
the three lots, and crawl space depths shall be determined by the engineer and will be
submitted in the stormwater design report. (Finding of Fact, Section D)
10. 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)
11. 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))
On going conditions:
12. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17)
13. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION 3. 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 6TH DAY OF MAY, 2013.
ATTEST:
Theresa White
City Clerk
Tammi Fisher
Mayor
CLIFF VIEW SUBDIVISION
REPORT #KPP -13-1
KALISPELL CITY PLANNING BOARD
APRIL 9, 2013
The Kalispell City Planning Board held a public hearing on this matter at the regularly scheduled
planning board meeting on April 9, 2013 and recommended the following conditions with
approval of the preliminary plat request:
CONDITIONS OF APPROVAL
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. (Kalispell
Subdivision Regulations, Appendix C — Final Plat)
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval. (Kalispell Subdivision Regulations, Section 2.04).
Prior to final plat:
3. An easement shall be granted to the city on the south side of the hammerhead turnaround
on lot 3 for snow storage. The exact easement location shall be reviewed and approved
by the Kalispell Public Works department and shown on the final plat. (Finding of Fact,
Section D)
4. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater report and an engineered drainage plan. 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)
5. 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)
6. 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)
7. The parkland dedication requirements shall be met with the payment of cash in lieu of
parkland equal to 0.09 acres of land. The payment shall be based on the fair market value of
undivided, unimproved land. (Kalispell Subdivision Regulations, Section 3.11).
8. After completion of the water and sewer service line installation in Mile High Court the
developer shall repave that portion of the street impacted by the installations. The extent
of repaving shall be reviewed and approved by the Kalispell Public Works Department
prior to the work being completed. (Finding of Fact, Section D)
9. A note shall be placed on the face of the final plat prohibiting basements in future homes
on the three lots, and crawl space depths shall be determined by the engineer and will be
submitted in the stormwater design report. (Finding of Fact, Section D)
10. 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)
11. 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))
On going conditions:
12. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17)
13. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
APRIL 9, 2013
CALL TO ORDER AND
The regular meeting of the Kalispell City Planning Board and
ROLL CALL
Zoning Commission was called to order at 7:00 p.m. Board
members present were: Chad Graham, Phillip Guiffrida, Rory
Young, Richard Griffin, and Matt Regier. Charles Pesola and Ken
Hannah were absent. Tom Jentz, Sean Conrad and P.J. Sorensen
represented the Kalispell Planning Department. The applicant's
representative was present.
APPROVAL OF MINUTES
Guiffrida moved and Young seconded a motion to approve the
minutes of the special March 26, 2013 meeting of the Kalispell
City Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
No one wished to speak.
BOARD MEMBER STEPPED
President Graham recused himself from the discussion on the
DOWN
preliminary plat of Cliff View Subdivision noting that he has
worked with the applicants in the past on another area of the
subdivision, although not the one currently being reviewed, and he
felt participating in this discussion would be a conflict of interest.
Graham turned the meeting over to Richard Griffin.
PRELIMINARY PLAT -
A request from Skadi Properties, LLC to subdivide an existing lot
CLIFF VIEW SUBDIVISION
zoned R-3 PUD (Residential) into three lots. The existing lot, Lot
7 of the Amended Plat of Lots 4 and 7 of the Resubdivision of Lot
1 of Minor Subdivision Plat No. 117, is approximately 26,789
square feet in size and is undeveloped at this time.
STAFF REPORT KPP-13-01
Sean Conrad representing the Kalispell Planning Office reviewed
staff report KPP-13-01 for the board.
Conrad noted this is a three lot subdivision zoned R-3 (Residential)
and the project site is located on the west end of Mile High Court
just off of Denver Avenue. Conrad reviewed the plat map and
noted the lot sizes were 7900 sf up to just over 10,000 sf. The
remainder of the subdivision is in the process of being built out
with single-family residential homes and if this preliminary plat is
approved single-family homes can be expected on these proposed
lots.
Conrad said condition #4 deals with a storm water report and
engineering drainage plan and after discussions with the applicant
and Public Works staff is recommending that the planning board
consider amending this condition as follows:
Kalispell City Planning Board
Minutes of the meeting of April 9, 2013
Page 1 of 4
"The developer shall submit to the Kalispell Public Works
Department for review and approval a stormwater report and an
engineered drainage plan that fneets the requirements of the cuffent
eity standards for- design and eenstraction. 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)"
Conrad said the Public Works Department has met with the
applicant and there is an existing engineered storm water report on
file and public works has agreed to let the applicant's engineer use
those numbers in calculating their storm water plan so that section
of condition #4 can be deleted.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KPP-13-01 as findings of
fact and recommend to the Kalispell City Council that the
preliminary plat of Cliff View Subdivision be approved subject to
the 13 conditions as amended.
Rory Young noted the subdivision regulations call for an
environmental assessment (EA) unless they meet one of three
criteria and which of those three does this project meet? Conrad
said this subdivision is in an area that is already zoned. There are
master facilities planned for water, sewer, storm water, parks and
the subdivision is within the city's Growth Policy whose goals are
met in relation to encouraging residential development in this area.
Conrad added the subdivision also meets the requirements of other
city regulations so staff did not require an EA.
Young said the minimum requirement in an R-3 lot is a 50 foot
width and asked how will they access lot 1 with a frontage of only
28 feet? Conrad said when you have a lot that is narrow you have
to have a minimum width of 20 feet to make sure they can at least
get a driveway approach onto the public street. Conrad continued
because the width is not 50 feet at the street in this case, the
building setback would start from a point where the width of the lot
is 50 feet. Young asked if the Fire Department approved that access
and Conrad said yes.
Guffrida noted condition #3 talks about a snow storage easement
on the south side of the hammerhead and when he visited the site
he noticed a steep grade on the back side of that easement that
could affect the properties on Santa Fe. Guiffrida asked if Public
Works had requirements for a berm or any other mitigation and
Conrad said the storm water report will address where storm water
will be collected on these three lots based on the engineering report
Kalispell City Planning Board
Minutes of the meeting of April 9, 2013
Page 2 of 4
that was required with the entire subdivision. Conrad explained
further.
Griffin asked if the city would allow the owners of the homes on
Sunny Court to grant an easement to the owner of lot 1 of Cliff
View Subdivision to allow a driveway from their property to the
Sunny Court cul-de-sac. Conrad said Sunny Court is a public street
and if an easement was granted they would need an approach
permit from the Public Works Department for the separate
driveway.
Griffin asked if off-street parking is required in an R-3 zone and
Conrad said yes. Griffin said he is concerned about the driveway
situation but it meets the standards and will be allowed. Further
discussion was held.
APPLICANT/TECHNICAL
Noah Bodman, 269 Hare Trail, Whitefish stated he is with Skadi
SUPPORT
Properties and is available for any questions. Originally this
property had been slated for a group home and the smaller homes
will, in his opinion, reduce the storm water runoff issues. Larsen
Engineering is working on the storm water report to make sure they
won't have any runoff problems.
PUBLIC HEARING
Seeing no other citizens in attendance the public hearing was
closed.
MOTION
Regier moved and Guiffrida seconded a motion to adopt staff
report KPP-13-01 as findings of fact and recommend to the
Kalispell City Council that the preliminary plat of Cliff View
Subdivision be approved subject to the 13 conditions as amended.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
BOARD MEMBER
President Graham took his seat and continued the meeting.
RETURNED TO HIS SEAT
OLD BUSINESS:
None.
NEW BUSINESS:
Jentz reported there will be a planning board meeting on May 14t
and the June 11 th meeting may have to be moved to June 0, if the
proposed PUD project is submitted by the deadline.
Sean Conrad announced that he has accepted a position on
Bainbridge Island near Seattle, Washington. His last day will be
April 19th. The board wished him good luck and added they
enjoyed working with him and he will be missed. Griffin added
Sean's calm demeanor, patience and tolerance is commendable.
Kalispell City Planning Board
Minutes of the meeting of April 9, 2013
Page 3 of 4
ADJOURNMENT I Guiffrida moved and Regier seconded a motion to adjourn the
meeting at approximately 7:20 p.m.
NEXT MEETING & WORK The next meeting and tentative work session is scheduled for May
SESSION 14, 2013 beginning at 7:00 p.m. in the City of Kalispell Council
Chambers located at 201 lst Avenue East in Kalispell.
Chad Graham
President
APPROVED as submitted/corrected: / /13
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of April 9, 2013
Page 4 of 4
REQUEST FOR SUBDIVISION APPROVAL
STAFF REPORT #KPP-13-1
KALISPELL PLANNING DEPARTMENT
APRIL 2, 2013
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
preliminary plat to create three lots at the western end of Mile High Court. A public
hearing has been scheduled before the planning board for April 9, 2013, beginning at
7:00 PM in the Kalispell City Council Chambers. The planning board will forward a
recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION:
The lot proposed to be subdivided is part of a seven lot subdivision approved by the city
council in 2007. The proposed subdivision site is approximately 26,789 square feet in
size and is undeveloped at this time. The proposed subdivision, Cliff View, would create
three lots ranging in size from 7,900 square feet to 10,800 square feet.
The proposed subdivision site is zoned R-3/PUD, a residential zoning district with a
planned unit development overlay zoning. The PUD overlay district allowed two lots, lots
5 and 6, of the previous subdivision to be less than the minimum square footage for a lot
within the R-3 zoning district. The PUD request also permitted a deviation from the
street design standards allowing the developer to not install sidewalks on all sides of the
hammerhead turnaround. The PUD has no bearing on the three proposed lots and the
developer is not requesting to amend the PUD.
A. Petitioner and Owners: Skadi Properties, LLC
269 Hare Trail
Whitefish, MT 59937
260-1575
Technical Assistance: Larsen Engineering and Surveying
PO Box 2071
Kalispell, MT 59903
752-7808
B. Location and Legal Description of Property: The proposed subdivision, Cliff
View, is located on the west end of Mile High Court. The proposed subdivision is
located on Lot 7 of the Amended Plat of Lots 4 and 7 of the Resubdivision of Lot 1
of Minor Subdivision Plat No. 117 in the NE 1/4 of the NW 1/4 of Section 19,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
C. Existing Land Use and Zoning: The property is currently undeveloped. The
property is zoned R-3, (Residential) with a PUD (Planned Unit Development)
overlay zoning on it.
Figure 1: View of the proposed subdivision property looking north.
D. Adjacent Land Uses and Zoning:
North: Single-family homes, City R-4 zoning
East: Single-family homes, City R-3/PUD zoning
South: Single-family homes, City R-3 zoning
West: Single-family homes, City R-4 zoning
E. General Land Use Character: The general land use character of this area can be
described as primarily residential with a mix of duplex and single family homes.
X
Figure 2: An aerial photo of the subdivision site and surrounding development
F. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
Private contractor
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
Centurylink
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
City of Kalispell
C
REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT OF CLIFF
VIEW SUBDIVISION
A. Effects on Health and Safety:
Fire: 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 the subdivision will abut a street that has been
constructed to city standards. There is an existing hydrant on the east end of the
hammerhead turnaround that would serve the three lots.
Flooding: Flood Insurance Rate Map community panel number 300023C1815G
having an effective date of September 28, 2007 shows the proposed lots outside of
any designated 100-year floodplain.
Access: Access to the subdivision will be from Mile High Court, a city street in
good condition.
B. Effects on Wildlife and Wildlife Habitat: The subdivision is not located in
known big game habitat and the property is not considered suitable habitat for
other significant wildlife. Local and migratory bird species and small mammals
common to the area will not be affected by this action.
C. Effects on the Natural Environment:
Surface and groundwater: The nearest surface water is Ashley Creek,
approximately 400 feet east of the subdivision. Groundwater is relatively high in
the area based on groundwater problems experienced in existing homes in the
surrounding neighborhood. Additional discussion on groundwater issues can be
found in the section below.
Drainage: There is an existing storm drainage easement on the west side of the
project site. The storm drainage easement is shown on the preliminary plat and is
located on portions of lots 1 and 2. The storm drainage easement was required to
be shown on the lot with the previous subdivision approval in 2007. The
easement provides for stormwater collection from off -site development to the north
and northwest.
Having a storm drainage easement on the two lots could become problematic in
the future as homeowners may landscape and modify the land around the storm
drainage easement, causing the natural flow of stormwater to collect on other
properties in the area. To address the situation the public works department is
recommending an engineered stormwater management plan be approved prior to
final plat approval. The drainage plan will have to comply with the City of
Kalispell's standards and State standards and will be required to be reviewed and
approved by the public works department.
In addition to stormwater moving across the three lots due to historic stormwater
drainage patterns the groundwater table in this area is also relatively high.
During a meeting between the public works staff, the developer and his engineer
it was agreed that basements would be prohibited on future homes on the three
lots. This will address the potential for water issues arising due to the stormwater
flows in the area and high groundwater.
11
D. Effects on Local Services:
Water and Sewer: Water and sewer service to the subdivision would be provided
by existing water and sewer mains located in the Mile High Court right-of-way.
The preliminary plat indicates service lines will be installed from the main lines to
serve each of the proposed lots.
After reviewing the preliminary plat and proposed service line connections, the
public works department is recommending after the service lines are installed the
developer repave the entire portion of the street impacted by the installations.
With so many service lines in one area it creates a concentrated patch work of
pavement which can lead to a faster deterioration of the road service. Repaving
the entire disturbed portion of the hammerhead will eliminate the patchwork of
cuts into the street and provide greater longevity for the street surface.
Roads: Access to the subdivision is provided by Mile High Court, a city street.
Mile High Court has a 28-foot wide driving surface with curb, gutter, sidewalks
and street trees along the majority of the street. The hammerhead turnaround at
the terminus of the Mile High Court, adjacent to the proposed subdivision, does
not have sidewalks, curb, gutter or street trees. This was allowed under a
previous subdivision approval under a planned unit development zoning. No
additional street improvements are necessary to accommodate the proposed
subdivision.
After reviewing the proposed subdivision the public works department brought up
the issue of snow storage for the hammerhead portion of Mile High Court. While
snow is plowed to the adjacent boulevard on the other portion of Mile High Court,
the hammerhead does not include a boulevard. To accommodate snow storage for
this portion of the street the public works department is recommending the
developer grant a snow storage easement on the south side of the hammerhead
turnaround, on proposed lot 3.
Schools: This development is within the boundaries of the Kalispell School
District #5. The school district could anticipate that an additional 1 to 2 school
aged children might be generated into the district at full build out of the three
lots. This number is used because it takes into account pre-school aged children,
home school education options and private school education options. Not all of
the children who live in the subdivision will be attending public schools. This
would have a potentially significant impact on the district, particularly on a
cumulative level with other developments pending within the district - both urban
and rural particularly with high school -aged students.
Parks and Open Space: The Kalispell Subdivision Regulations have parkland
dedication requirements or cash in lieu of parkland dedication in the amount of
0.03 acres per dwelling unit. This would require a parkland dedication of .09
acres (3,920 square feet) or a cash in lieu payment of parkland equivalent to .09
acres of unimproved, unsubdivided land zoned R-3 at a fair market value.
The Kalispell Parks and Recreation Department is recommending the parkland
dedication be met by a cash in lieu payment due to the relatively small amount of
0
parkland dedication. The money would be used for improvement to the city's
park and trail system in the vicinity of the subdivision.
Police: This subdivision would be in the jurisdiction of the City of Kalispell Police
Department once annexed to the City. The department can adequately provide
service to this subdivision.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department. There is an existing hydrant located along Mile High Court to aid the
fire department in the case of a fire. Mile High Court provides adequate ingress
and egress to the subdivision for emergency vehicles.
Solid Waste: Solid waste will be handled by a private hauler in accordance with
State statues and taken to the Flathead County Landfill or by the city. There is
sufficient capacity within the landfill to accommodate this additional solid waste
generated from this subdivision.
Medical Services: Ambulance service is available from the fire department and
ALERT helicopter service. Kalispell Regional Medical Center is close, less than 3
miles from the site.
E. Effects on Agriculture and agricultural water user facilities: The proposed
subdivision site was previously used for residential purposes and not farmland.
The location and proximity to urban services and surrounding urban development
make this property suited for suburban scale development as recommended in
the Kalispell Growth Policy Future Land Use map. Therefore, development of this
property will have relatively little impact on agricultural uses within the valley and
no impact on agricultural water user facilities since this property will be served by
a public water system.
F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future
Land Use map for the area indicates this area is anticipated to be developed as
Urban Residential. Areas designated as Urban Residential are anticipated to be
served by community water and sewer and have good access to services and
public facilities. This land use designation anticipates a density between 3 and
12 dwelling units per acre. The proposed subdivision has a density of
approximately 5 dwelling units per acre, well within the anticipated density of the
urban residential designation.
G. Compliance with Zoning: The subdivision site is zoned R-3 a residential zoning
district intended to provide areas for urban residential development. The R-3
zoning district has a minimum lot size requirement of 6,000 square feet and a
minimum lot width of 50 feet. All lots would comply with the size requirements
for the R-3 zoning if the preliminary plat is approved.
As mentioned in the background section of this report, the PUD overlay zoning
allowed two lots, lots 5 and 6 of the Resubdivision of Lot 1 of Minor Subdivision
Plat # 117, to be below the minimum lot area for an R-3 district. The proposed
subdivision lot was not one of the lots noted above and therefore the PUD overlay
zoning has no bearing on the proposed lots.
Cel
H. Compliance with the Kalispell Subdivision Regulations: This subdivision
complies with the Kalispell Subdivision Regulations and no variances have been
requested.
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
staff report KPP-13-1 as findings of fact and recommend to the Kalispell City Council
that the preliminary plat of Cliff View Subdivision be approved subject to the conditions
listed below:
CONDITIONS OF APPROVAL
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. (Kalispell Subdivision Regulations, Appendix C - Final Plat)
2. The preliminary plat approval shall be valid for a period of three years from the
date of approval. (Kalispell Subdivision Regulations, Section 2.04).
Prior to final plat:
3. An easement shall be granted to the city on the south side of the hammerhead
turnaround on lot 3 for snow storage. The exact easement location shall be
reviewed and approved by the Kalispell Public Works department and shown on
the final plat. (Finding of Fact, Section D)
4. 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)
S. 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)
6. 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
7
bond has been accepted for unfinished work. (Kalispell Design and Construction
Standards)
7. The parkland dedication requirements shall be met with the payment of cash in lieu
of parkland equal to 0.09 acres of land. The payment shall be based on the fair
market value of undivided, unimproved land. (Kalispell Subdivision Regulations,
Section 3.11) .
8. After completion of the water and sewer service line installation in Mile High
Court the developer shall repave that portion of the street impacted by the
installations. The extent of repaving shall be reviewed and approved by the
Kalispell Public Works Department prior to the work being completed. (Finding of
Fact, Section D)
9. A note shall be placed on the face of the final plat prohibiting basements in future
homes on the three lots, and crawl space depths shall be determined by the
engineer and will be submitted in the stormwater design report. (Finding of Fact,
Section D)
10. 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)
11. 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))
On going conditions:
12. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
13. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
0
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisRell.com / planning
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION
FEE SCHEDULE: FEE ATTACHED
Major Subdivision (6 or more lots)
$1,000 + $125/lot
Mobile Home Parks & Campgrounds (6 or more spaces)
$1,000 + $250/space
(5 or fewer spaces)
$400 + $125/space
Amended Preliminary Plat
Amendment to Conditions Only
$400 base fee
Re -configured Proposed Lots
Base fee + $40/lot
Add Additional Lots or Sublots
Base fee + $125 / lot
Subdivision Variance
$100 (per variance)
Commercial and Industrial Subdivision
$1,000 + $125/lot
l
SUBDIVISION NAME:L I i +� Fy) ec�
OWNER(S) OF RECORD:
N
Phone
Mailing Addrels�s',«py /?��C' / �' f /
City Z4 )k fr / r1..SA State In 7 Zip
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
Name &
Name & Addre
Name &
LEGAL DESCRIPTION OF PROPERTY:
Property Address f J 141 nth C+
Assessor's Tract No(s) Lot No(s)
1/4 Sec Section Township Range 2_1
GENERAL DESCRIPTION OF SUBDIVISION:
Number of Lots or Rental Spaces 3 Total Acreage in Subdivision
Total Acreage in Lots : _ZI Minimum Size of Lots or Spaces • Q
Total Acreage in Streets or RoadsA//X Maximum Size of Lots or Spaces �-�/
Total Acreage in Parks, Open Spaces and/or Common Areas
PROPOSED USE(S) AND NUMBER OF
Single Family `� Townhouse _
Duplex
Commercial
Condominium
Apartment
Industrial
Multi -Family
ASSOCIATED LOTS/SPACES:
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
Other
APPLICABLE ZONING DESIGNATION & DISTRICT
?`J GOOD
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS -- �
IMPROVEMENTS TO BE PROVIDED:
Roads: Gravel Paved
Curb Gutter
Sidewalks
Alleys Other .
Water System: Individual
Multiple User
Neighborhood
Public�Other
Sewer System: Individual
Multiple User
Neighborhood
Public ✓Other
Other Utilities: Cable TV
✓Telephone Electric
>/ Gas Other _
Solid Waste: Home Pick Up
✓Central Storage
Contract Hauler
Owner Haul
Mail Delivery: Central '✓In ividual School
District:
Fire Protection: Hydrant
Tanker Recharge
Fire District:
Drainage System:�Cj
IMENTATION CONTROL: fit` r2�
J
VARIANCES: ARE ANY VARIANCES REQUESTED? (yes/no) If yes,
please complete the information below:
SECTION OF REGULATIONS CREATING HARDSHIP:
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE
WITH REGULATIONS
PROPOSED ALTERNATIVES) TO STRICT COMPLIANCES WITH ABOVE
REGULATIONS:
2
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW:
1. Will the granting of the variance be detrimental to the public health, safety or
general welfare or injurious to other adjoining properties?
2. Will the variance cause a substantial increase in public costs?
3. Will the variance affect, in any manner, the provisions of any adopted zoning
regulations, Master Plan or Growth Policy?
4. Are there special circumstances related to the physical characteristics of the site
(topography, shape, etc.) that create the hardship?
5. What other conditions are unique to this property that create the need for a
variance?
3
APPLICATION CONTENTS:
The subdivider shall submit a complete application addressing items below to the
Kalispell Planning Department at least thirty five (35) days prior to the date of the
Planning Board meeting at which it will be heard.
Preliminary plat application.
2. 10 copies of the preliminary plat.
3. One reproducible set of supplemental information. (See Appendix A of
Subdivision Regulations for the city where the subdivision is proposed.)
4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size.
5. Application fee.
6. Adjoining Property Owners List (see example below and attached notice
from County Plat Room):
Assessor# Sec-Twn-Rna Lot/Tract No Property Owner & Mailing Address
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be untrue, I understand that any approval
based thereon may be rescinded, and other appropriate action taken. The signing of
this application signifies approval for the Kalispell Planning staff to be present on the
property for routine Rionitoring and inspection during the approval and development
process
(Applicant) (Date)
0
CERTIFICATION
APPLICANT: Cliff View Subdivision
FILE NO: KPP-13-01
I, the undersigned certify that I did this date mail via Certified Mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property where a preliminary plat has been requested.
Date:
S-T-R: 19-28-21
Tract/Lot: Lot 7
Property Owners/Owner Representative:
Skadi Properties, LLC Larsen Engineering 8v Surveying
269 Hare Trail P.O.Box 2071
Whitefish, MT 59937 Kalispell, MT 59903
AND ATTACHED LIST
PLANNING FOR THE FUTURE
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.coni/planning
You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below
and will be most directly affected by its development. You have an opportunity to present your comments and
concerns to the Kalispell Planning Department. You may come into the office in person at the above address or you
may contact the office at (406) 758-7940 for additional information. Written comments may be submitted to the
Kalispell Planning Department prior to the submission date, or emailed to us at planning(i,kalispell.com.
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
April 9, 2013
The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled
for Tuesday, April 9, 2013, 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 item. The Board will make
recommendations to the Kalispell City Council who will take final action.
A request from Skadi Properties LLC to subdivide an existing lot zoned R-3 (Residential)
into three lots. The existing lot, Lot 7 of the Amended Plat of Lots 4 and 7 of the
Resubdivision of Lot 1 of Minor Subdivision Plat No. 117, is approximately 26,789
square feet in size and is undeveloped at this time. The proposed subdivision, Cliff View,
is located on the west end of Mile High Court and would create three lots ranging in size
from 7,900 square feet to 10,800 square feet. The proposed subdivision is located in the
NE i/ of the NW '/ of Section 19, Township 28 North, Range 21 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. In addition, information on the agenda items is posted on our
website at www.kalispell.com/planning under "Planning Board Agenda & Staff Reports".
Skadi Properties, LLC
Larsen Engineering & Surveying
James & Leila Lockwood
269 Hare Trail
P.O.Box 2071
102 Santa Fe Street
Whitefish, MT 59937
Kalispell, MT 59903
Kalispell, MT 59901
Scott Kirchoff
Gary & JoAnn Jay
Bruce & Gayanne Schomer
Stacey Leach
Stacey
1660 Whalebone Drive
116 Boise Avenue
104 Santa Fe Street
Kalispell, MT 59901
Kalispell, MT 59901
Kalispell, MT 59901Street
Michael S. Harris
Eric & Janice Sutter
Ryan Dennison
111 Santa Fe Street
109 Santa Fe Street
107 Santa Fe Street
Kalispell, MT 59901
Kalispell, MT 59901
Kalispell, MT 59901
Levi & Jennifer Souther Duane Enger Christy Peeples
105 Santa Fe Street AD% Sun Trust Mortgage 42 Denver Avenue
Kalispell, MT 59901 P.O. Box 85188 Kalispell, MT 59901
Richmond, VA 23285
Montana Rentals, LLC NW MT Community Land Trust Cheryl & Daniel Edlund
P.O. Box 7505 P.O. Box 8300 19712 Highridge Way
Kalispell, MT 59904 Kalispell, MT 59904 Trabuco Canyon, CA 92679
Thomas & Patricia Fulton Harvey Carroll Kenneth & Marina Sunell
2550 Fairway Drive 805 Ashley Drive 807 Ashley Drive
Bozeman, MT 59715 Kalispell, MT 59901 Kalispell, MT 59901
Christopher & Amy Gendreau Beverlee Stuewe Bruce Chadwick
809 Ashley Drive 461 Stoneridge Drive 813 Ashley Drive
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Terry Aurich Wayne Sakariason Trust Bernadine Breslaw
114 Sunny Court 921 Egan Road 115 Sunny Court
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Kenneth Gibbons Christopher Anderson Janine Lopez
117 Sunny Court 903 Ashley Drive 905 Ashley Drive
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Philip & Stephanie Jackson Violence Free Crisis Line, Inc. Stephanie Leclerc'
907 Ashley Drive P.O. Box 1401 50 Mile High Court
Kalispell, MT 59901 Kalispell, MT 59903 Kalispell, MT 59901
Federal National Mtg Asso. City. of Kalispell
P.O. Box 650043 Attn: City Clerk
Dallas, TX 75265 P.O. Box 1997
Kalispell, MT 59903
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
RICHELLE ROONEY BEING DULY
SWORN, DEPOSES AND SAYS: TIIAT HE 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
OF MONTANA AND
THAT NO. 20576
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 March 24, 2013.
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.
Subscribed and sworn to
Before me this March 25, 2013
`F - - -a =-------
Dorothy I. GI ross
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/11/2013
rt r. oL-N' DOROTHY t. GLENCROSS
o` o�Ay, 'o NOTARY PUBLIC for the
o � N State of Montana
* SEAL * Residing at Kalispell, Montana
ip My Commission Expires
�dfeofMo��n September 11, 2013
f
R-4i / COUNTY
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VICINITY MAP SCALE 1" = 150'
PROJECT: CLIFF VIEW SUBDIVISION/SKADI PROPERTIES, LLC
REQUEST FOR A 3 LOT RESIDENTIAL SUBDIVISION LOCATED ON MILE HIGH
COURT AND ZONED R-3 RESIDENTIAL PLANNED UNIT DEVELOPMENT
FILE# KPP-13-01
PLOT DATE 3/5/13
H:\gis\site\kpp13_01 Cliff View Sub.dwg
By_ Larsen Engineering and Surveying, i7a, P.C.
Ci(1i1Engineenngand
Land SurYeyy��ng
P.O. Box2, f
1370An`Road
/(a/ispeMonl. 59g0>
Phone.• 40�752--7808
Donald R. Larsen, PL• S
✓effH. Lassen, RE., P.L.S.
ViC11711yA1729p
LEGEND
s FOUND 5,18' REBAR SAME AS SET
CEXCEPT AS NOTED.)
c FOUND 1/2' REBAR BY 7975-S
O SET 5/8 X24' REBAR WITH PLASTIC
CAP STAMPED BRECKENRIDGE 11706L S
ss— EXISTING CITY SANITARY SEVER MAIN
W — EXISTING CITY WATER MAIN
® EXISTING SEVER MANHOLE
EWS EXISTING WATER SERVICE
PWS PROPOSED WATER SERVICE
ESs EXISTING SEVER SERVICE
PSS PROPOSED SEWER SERVICE
PREL/M/NARYPLATNOTES.-
I). CURRENT ZONING: R-3
2 . ELECTRIC AND TELEPHONE UTILITIES ARE
UNDERGROUND IN MILE HIGH COURT
RIGHT OF WAY.
OFf/ne%Skad/ Propert/es, LLC
Date.•January, 2013
File name. D..•�NEW FXE5I800MANIPREUM2.DWG
NE 114 NW 114 Sec tlor7 19, T 28 N", R, 21 W,,
Prh?cipa l Merldlah, Fla thea d Coc ih ty, Moh taha
20 0 20 40 60
Scale > = 20'
Basis or' Bea ring: As tron om c O,6ser va tlon
�tjj#, Additf°n NO 2
11
_422.
of 4
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,-
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a
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Lot >
0.182 Acres (Gross)
O. 179 Acres (Met) VO
m /%RIGHT OF WAY
/ RIGHT OF WAY
S 78'40 84Z ./�--E(jCNOP) PAVING
-N 39'1918• E�
T.76
( EXISTING CURS (TYP.)
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-
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ss
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v.. _._..._............
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...... \ •/
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ryy, Lot3 N
iry 0.248 Acres (Gross)
0.239 Acres (Net) n
29'A .M
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542
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t 5 8•-".Rebor Fnd 5Rebor b 428-5
r 428-5 6�87, n37•
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Lot 6
—EDGE O.)F PAVING
(71'PICAI
Lot 3 Goa
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(TYPICAL)
PAVING
i
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Minor Subdivision # 19,
Estates Phase 2
Lots
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