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4. Presentation - Annexation, Initial Zoning, and Preliminary Plat Request - Cottage GardensREPORT TO. FROINE SUBJECT MEETING BATE O City of Kalispell Planning Department 17 - Z"d Street East, Suite 211 Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751--1858 website. kalispellplanning.com Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Appex 1, L.L.C. , Norman Sanderson. - Annexation and Initial Zoning of R-3, Urban Single -Family Residential April 2, 2007 BACKGROUND: The Kalispell City Planning Board met on March 13, 2007 and held a public hearing to consider a request for annexation and an initial zoning designation of R-3, Urban. Single Family Residential, on approximately 10.75 acres. The property requesting the annexation and initial zoning is located on the north side of Three Mile Drive approximately 1/2 mile west of Stillwater Road in Section 2, Township 28 North, Range 22 west, P. M . M . , Flathead County. Sean Conrad of the Kalispell Planning Department, presented staff report #KA-07-4 and evaluated the proposal. He noted the proposed subdivision plans for the property and that staff is recommending approval of the proposed R-3 zoning. At the public hearing Bryan Long from. Long Engineering spoke in favor of the subdivision. No one spoke in opposition to the proposed annexation and initial zoning request. The board discussed the proposed R-3 zoning. A motion was made to recommend approval of the proposed R-3 zoning upon annexation to the city. The motion was approved unanimously. RECOMMENDATION: A motion to approve the resolution annexing the property and a motion to approve the first reading of the ordinance for initial zoning would be in order FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Appex 1 J Sanderson - Annexation and Initial Zoning of R-3 March 27, 2007 Page 2 Respectfully fitted, Sean Conrad Senior Planner Report compiled: March 27, 2007 Attachments: c: Theresa White, Kalispell City Clerk ames H. Patrick ity Manager KA-07-4 Appear 1 / Sanderson Annexation Cost of Services Analysis (Residential) Once annexed to the City, full City services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. Number of Dwelling Units proposed to be annexed 30 single family houses Estimated Increase in Population: (based on US Census Figure of 2.2 per household) 66 Cost of Services Per ca its costs • Fire: $68.84 per person per year. Additional costs to the fire department • Police: $110 per resident per year. Additional costs to the police department • Administration.: $39.48. Additional cost to administration ■ Solid Waste: Additional cost to solid waste • Roads: $193.56 per dwelling unit Additional cost in road maintenance 66 x 68.84 = $ 45543 66 x 110.00 = $ 7,260 66 x 39.48 = $ 2,605 (none for five years) _ $ 30 x 193.56 = $ 5,506 • Water: $221.21 per ERU (Equivalent Residential Unit) Additional cost in water line maintenance 30 x 221.21 = $ 6,636 • Sewer: $329.64 per ERU Additional cost in sewer maintenance ■ Stormwater: $72.68 per ERU Additional cost in storm maintenance Total Antici ated Cost of services: And ci ated Revenue Generated 30 x 329.64 = 9,889 30 x 72.68 = $ 21180 $38-1919 1. Assessments based on s uare foots e: I I Average square foot per lot: 7,300 square feet • Storm sewer assessment $0.004480 per square foot (capped at 1/2 acre for residential) Revenue from storm sewer assessments 30 x 7,300 x $0.004480 = $ 981 • Street maintenance assessment $0.0101 per square foot (capped at 1/a acre for residential) Revenue from street maintenance assessments 30 x 7,300 x $0.0101 = $ 2,211 • Urban forestry assessment $0.00135 per square foot (capped at $150 for residential) Revenue from urban forestry assessments 30 x 7,300 x $0.00135 = $ 295 • Special. Assessments: There are no special assessments. _ $ 0 • Light maintenance assessment $0.003 per square foot (no cap) Revenue from light maintenance assessment 30 x 7,300 x $0.003 = $ 657 Total Antici ated revenue From Assessments: $4,144 2. Tax revenue: • Assessed value per property: $ 250,000/house Total assessed value: 30 x 250,000 = $ 71500,000 Total taxable: 7,500,000 x 0.03543 = $ 2651725 Total additional general revenue based on 170 mill. levy: $265,725 x 0.170 = 459173 3, Impact fees: • Water system impact fee $2,155 per residence Revenue from water system impact fee 30 x $2,155 = $ 64,050 • Wastewater impact fee $2,433 per ERU (A single family home is (1) ERU) Revenue from wastewater impact fee 30 x $2,433 = $ 721990 • Stormwater impact fee $1,092 per ERU (A single family home is (1) ERU) Revenue from stormwater impact fee 30 x $1,092 = $ 321760 • Police impact fee $43 per unit (single family residential) Revenue from police impact fee 30 x $43 = $ 17290 • Fire impact fee $533 per unit (single family residential) Revenue from fire impact fee 30 x $533 = $ 15,990 Total Anticipated Revenue From Im act Fees: $187,9680 Total Revenue Generated to the City (Items 1 and 2) $49,317 2 One Time Impact Fee Payment to the City (Item 3) $1879680 Net Revenue to the City Per Year (Total anticipated cost of services -Total anticipated revenue from assessments and taxes): $10,398 NOTE.; This information is based upon assumptions regarding building valuations and does not take into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. This information can only be used as a general estimate of the anticipated cost of services and revenue. 3 City of Kalispell Planning Department 17 - 2"d Street East, Site 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com March 27, 2007" James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Appex 1, L. L. C . , Norman Sanderson -- Annexation and Initial Zoning of R-- 3 Dear Jim: The Kalispell City Planning Board met on March 13, 2007 and held a public hearing to consider a request for annexation and an initial zoning designation of R-3, Urban Single Family Residential, on approximately 10.75 acres. The property requesting the annexation and initial zoning is located on the north side of Three Mile Drive approximately 1/2 rnil.e west of Stillwater Road in Section 2, Township 28 North, Range 22 west, P. M. M . , Flathead County. Sean Conrad of the Kalispell Planning Department, presented staff report #KA-07r-4 and evaluated the proposal. He noted the proposed subdivision plans for the property and that staff is recommending approval of the proposed R-3 zoning. At the public hearing Bryan Long from Long Engineering spoke in favor of the subdivision.. No one spoke in opposition to the proposed annexation and initial zoning request. The board discussed the proposed R-3 zoning. A motion was made to recommend approval of the proposed R-3 zoning upon annexation to the city. The motion was approved unanimously. Please schedule this matter for the April 2, 2007 regular Kalispell City Council meeting. You. may contact this board or Sean Conrad at the Kalispell Pl g Department if you have any questions regarding this matter. Appex 1 / Sanderson Annexation and Initial Zoning March 27, 2007 Page 2 Sincerely, Kalispell City Planning Board Timothy Norton President Attachments: Exhibit A -- Petition to Annex Staff report #KA-07-4 and application materials Draft minutes from the 3 / 13 / 07 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Appex 1, L. L. C . , Norman C. Sanderson 10 Bast Roanoke Street # 8 Seattle, WA 98102 Long Engineering, Bill Bache PO Box 7907 Kalispell, MT 59904 City of Kalispell Planning Department 17 - grid Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751 -1 S 50 Fax: (406) 751-18 5 8 PETITION FOR ANNEXATION AND INITIAL zONTNG NAME OF APPLICANT: APPEX 1, L.L.C., NORMAN C. SANDERSON MAIL ADDRESS: 10 EAST R.OANOKE SREET #8 CITYISTATEIZIP: SEATTLE. WA 98102 INTEREST f N PROPERTY: DEVELOPER Other Parties of Interest to be Notified: PHONE: 206 322-5977 PARTIES OF INTEREST: LONG ENGINEERING BILL BACHE MAIL ADDRESS: P.D. BOX 7907 CITY/STATE/ZIP: KALISPELL MT 59904 PHONE: 40 752-5339 INTEREST rN PROPERTY: APPLICANT'S TECHNICAL ASSISTANCE PLEASE COMPLETE THE FOLLOWING: Address of the property: 575 THREE NHLE DRIVE KALISPELL Legal Description: TRACT - 1AC TRACT l PER C.O.S. # 9981 (Lot and Block of Subdivision; Tract #) SW 14 & SE 14 SECTION 2. TOWNSHIP 28 NORTH RANGE 22 wEST FLATHEAD COUNTY (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac) 10.75 ACRES The present zoning of the above property is: AG-80 WVO WEST VALLEY NEIGHBORHOOD PLAN The proposed zoning of the above property is: R — 3 State the changed or changing conditions that make the proposed amendment necessary: The subject roe is located on the western outskirts of Kalispell in an area which is already becoming developed for single-famfly residential use. The roe is ad'acent to residential subdivisions to the west and south and is no logger used fora ricultural u oses. Development is also anticipated to occur north of the..prop.gly. Development of the roe for single-family residential use represents "infill" development between areas which are alread approved for such development. The requested zoning to accommodate this._qpe. of land use is a ro riate iven the natural growth and development patterns of the area. The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and fiu th grants ap al for Kalispell Planning staff to be present on the property for routine inspection d the annex n process. P�Pc-x - 2, (Applicant) (Date) Pj, Return to: Theresa white Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(S) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the WEST VALLEY Rural Fire District under the provisions of Section 7-33- 2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-473 6 prohibits the city from providing solid waste services to this property for a minimum of 5 years fro to of annexation. Petitioner/owner Date Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. 1) STATE of MONTANA ) ss County of Flathead County On this` dayof before me the undersi ed a Notary Public for the State of Montana, personally appeared - S.' 614)nlf �W known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOFmy hand and off to Seal the dayand year in this certificate f irs�ab.-; ] Zotary Pub l t e of ff :" �esiding at ] 7 -14y Commission empires: 3 STATE of MONTANA i Wyk ss County of Flathead County On this day of , _ , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires: STATE OF MONTANA ) ss County of Flathead On this day of , before me, the undersigned, a Notary Public for The State of Montana., personally appeared and , the and respectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Residing at My Commission expires Exhibit A Appex 1, LLC/Cottage Gardens Annexation Legal Description The property is described as follows: Tract 1 of Certificate of Survey No. 9981 in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. APPEX 1, LLC/HILZAC CORPORATION REQUEST FOR INITIAL ZONING OF R-3, UPON ANNEXATION STAFF REPORT #KA-07-4 REQUEST FOR COTTAGE GARDENS SUBDIVISION STAFF REPORT # KPP-07-4 HALISPELL PLANTING DEPARTMENT MARCH 5, 2007 A report to the Kalispell City Planning n i rig Board and the Kalispell City Council regarding an initial zoning designation. of R-3 upon annexation to the city of Kalispell and a subdivision to create 30 residential lots. A public hearing has been scheduled before the Kalispell City Planning Board for March 13thbe ' g at 7:00 PM, to consider appropriate zoning for the property to be annexed and the subdivision. request. The pl ' g board will forward a recommendation to the Kalispell City Council for consideration. BACKGROUND INFO RMATIO N The Planning Board has reviewed a previous project proposal at this same site. The earlier proposal included an annexation request of R-2, a Planned Unit Development (PUD) and preliminary plat request to create 46 single family residential lots. At the September 19, 2006 planning board meeting the board heard the proposed annexation., PUD and subdivision. request. The staff report noted concerns from the Fire Department and Public works Department regarding the road designs as well as planning i n g staffs concerns with the off-street parking. The planning board elected to table the proposal for up to 90 days to allow the developer to address the concerns of the city departments. The project was revised and brought before the planning n i ng board at their December 12, 2006 meeting. The planning board again elected to table the project for 90 days to address issues which included reducing the density and increasing the size of common areas 1 and 2, increasing the size of the lots, increasing the number of shared garages throughout the subdivision., redesigning the streets to meet the city's design standards and providing adequate driveways lengths so that cars parked on the driveways will not obstruct the travel way of the sidewalks. Since the December 12th planning board meeting the developer has opted to drop the PUD request and revise the project including requesting the R-3 zoning district instead of the R-2 and lowering the total number of lots from 46 to 30 lots. This staff report will address both requests, initial zoning and preliminary plat, that the owners are requesting. Each request will be reviewed with a recommendation and a set of conditions at the end of the report beginning on page 13. A. Petitioner / Owner: Appex 1, L. L. C. , Norman C. Sanderson 10 East Roanoke street #S Seattle, WA 98102 Technical Assistance. Long Engineering, Bill Bache PO Box 7907 Kalispell, MT 59904 (406) 752-6339 B. Nature of the Request: This is a request for an initial zoning designation of R-3 , Urban Single Family Residential, on approximately 1.0.75 acres. The property is located west of Kalispell on the north side of Three Mile Drive '/2 mile west of Stillwater Road and approximately 1/4 mile east of the B PA power lines. This property is in the county zoning jurisdiction and is zoned AG--80, an Agricultural zoning district that has a rrmirdmum lot size requirement of 80 acres for newly created lots. The applicants are requesting a conventional R-3 single family residential zone similar to properties to the east and south. The R-3 zoning district has a mmimurn lot size of 7,000 square feet and a ' um lot width of 60 feet. The proposed subdivision has been redesigned and now proposes 30 lots instead of the previous submittal of 45 lots. with the proposed subdivision now seeking 30 lots the gross density of the proposed subdivision has been reduced from 4.2 units per acre (46 lots proposed) to 2.8 units per acre (the current proposal of 30 lots) . The subdivision includes a row of 13 lots on the east side of the property adjacent to the existing floodplam. A small internal island of 7 lots has proposed roadways on both the east and vest side and is situated in the center of the developable land with additional lots lining the western and southern boundary of the site. The majority of the lots within the project would be accessed by a 28-foot wide street with sidewalks. The developer is requesting a variance from the road design standards to allow a 20-wfoot wide shared access and utility easement to serve lots 3 and 4. A detailed discussion of the variance request can be found on page 13. Approximately 3.5 acres of common area is located in the northeast corner of the project site. The common area includes a floodpl.ain area in which Spring creek is located and covers approximately half the common area. Slopes within the common area vary from near level to upwards of 3 5% . C. Location and Legal Description of Property: The property proposed for annexation and the initial zoning request is located on the north side of Three Mile Drive approximately '/2 rnil.e west of Stillwater Road. It abuts the easterly boundary of Mountain Vista Estates Subdivision, a city subdivision that received final plat approval in August of 2006. The property address is 575 Three Mile Drive and can be described as Assessors Tracts 1Ac and further described as tract 1 of C.O.S. # 9981 located in Section 2, Township 28 North, Range 22 west, P.M.M., Flathead County. D. E2dstian.g Land Use and wing: The property proposed for annexation contains a small single family residence which is proposed to be removed. This property is in the county zoning jurisdiction and is part of the West Valley Zoning District. 2 The property is currently zoned AG-80, Agricultural. AG-80 is an agricultural district with an 80 acre minimum n imum lot size that provides a mechanism for clustering based on one dwelling per five acres. A preliminary plat has been concurrently filed with this petition for annexation and initial zoning. E. Adjacent Land Uses and Zoning: This property is located in an area that would have been considered generally rural in nature 2 years ago, but with the recent series of annexations, exations, preliminary plat approvals and the extension of municipal crater and sewer down Three Mile Drive past this site, the area is now considered a transitioning urban area. To the immediate merest, Mountain Vista Estates subdivision has been approved containing 141 lots on. 50 acres for a density of 2.9 units/ acre. To the immediate south Spring Creek Estates has been approved. with 174 lots on 53 acres for a density of 3.3 units / acre. Five and 10 acre lots abut the site to the east and north. North: Large tract rural residential, SAG-5 vJVO zoning South: Spring Creek Estates Subdivision., R-3 city zoning East: Rural residential, County AG- 80 WV0 zoning West: Mountain Vista Estates Subdivision R-2 city zoning with a PUD F. Proposed Zoning: The proposed R-3, Urban Single Family Residential zone lists single-family residences as a permitted use and has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 60 feet. Setbacks are 20 feet in the front and rear and five feet on the sides. This zoning reflects the lots that are being proposed in the subdivision with regard to lot size and the single family homes intended for development. G. General Land Use character: The general land use character of this area can be described as primarily agricultural land rapidly transitioning toward residential uses with city annexation and services. Surrounding city subdivisions include single family and duplex dwelling units. H. Utilities and Public Services: All available public services and facilities will be provided to these properties at the same level of service as other properties similarly situated in the city limits. Sewer: City of Kalispell Water: City of Kalispell Refuse: Contract hauler available Electricity: Flathead Electric Cooperative Gas: Northwestern Energy Company Telephone: CenturyTel Schools: West Valley School District (grade #5, Kalispell (High school) Fire: Kalispell Fire Department Police: Kalispell Police Department I. EVALUATION BASED ON STATUTORY CRITERIA school) 8v School District The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the 3 itemized criteria described by 76--2-304, M.C.A. and Section 27.30.020, Kalispell Zoning Ordinance. 1. Does the requested zone complycoMply with the owth olic ? The property is designated by the Kalispell Growth Policy future land use map as "Suburban Residential" which anticipates residential development with a density of up to four dwelling units per acre. Because of the provision of public water and sewer to the site, the proposed R--3 zoning designation is in compliance with the future land use designation for the area. The R-3 zoning has a n ~n rrrum lot size requirement of 7,000 square feet with an overall gross density of the proposed subdivision at 2.8 dwelling units per acre. This density is based on the inclusion of a 3.5f acre common area proposed in conjunction with the subdivision. It's the large extent of the proposed common area that enables the developer to request the R-3 zoning because the proposed common area balances the smaller lot sizes and in turn the higher density permitted under the R--3 zoning district. 2. Is the re uested zone desi ed to lessen congestion in the streets? It can be anticipated that the proposed zone change of the property will increase traffic impacts in the area due to the relatively low density of the area currently and the relatively higher density allowed under the proposed R-3 zoning district. Traffic impacts to the area can be accommodated with the existing roadway systems at hand and the new internal roads that will be developed as part of the subdivision on the project site. The proposed zoning carries with it the checks and balances, including the need for subdivision review, which will insure that traffic flows and access are appropriately addressed. The potential densities afforded by this zone willbe the subject of a specific transportation analysis as part of the subdivision review process and as such the applicants will be required to mitigate any negative impacts created. 3. will the requested zone secure safe from fire anic and other dangers? New construction will be required to be in compliance with the building safety codes of the city which relate to fire and building safety. Adequate public facilities are available to the site in the case of an emergency. All municipal services including police and fire protection (including hydrants) , water and sewer service is available to the area and will be extended as part of the development of this property. 4. will the requested zoneromote the health and general welfare? The requested R--3 zoning classification will promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties and provides a place for new housing in the community. 5. Will the re uested zcne rcvide for adequate light and air? 4 Setback, height, and coverage standards for development occurring on this site are established in the Kalispell zoning ordinance to insure adequate light and air is provided. 6. will the re uested zonerevent the overcrowdin of land? This area is designated as being within the Kalispell Potential Utility Service Boundary in the Kalispell Growth Policy and is anticipated for urban residential development. Nov that public water and sewer are available, an R-3 zoning designation is appropriate. The anticipated density falls within the proposed R--3 zoning designation. All public services and facilities will be available to serve this subdivision. 7. will the requested zone avoid undue concentration of eo le? The allowable density for this property will change as a result of annexation. However, future development will. be single family in design, the size of the housing units proposed is generally diminutive in nature and the project proposes significant permanent open space. This project will not pose a negative impact from undue concentration of people. 8. will the requested zone facilitate the ad.e uate provision of trans ortation water seweraize, schools arks and other public re uirements? All public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. There will be impacts to services that can be anticipated as a result of this proposal which can be met by the City. .All public services and facilities are currently available or can be provided to the property. 9. Does the requested zone Dve consideration to the particular suitabilitK of the property for par#] Cular uses The proposed R-3 zoning district is consistent with the surrounding zoning and land uses in the area and gives due consideration of the suitability of thus property for the pet n itted uses in the district. Densities below what is being proposed would not serve the community as a whole considering the level of growth and interest in the type of lots that are being proposed. This area is on the very urban / rural interface, but it can be anticipated that the city will continue to grow in this direction with similar densities in the area. lo. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is moving toward urban sized lots for residential development on city sewer. ne proposed zoning allows this development to address needs within the community for housing and support services in reasonable proximity to the city core. Availability of public water and sewer to the area indicate that this type of development will continue to occur on. 5 the urban fringes of the community to be developed with similar types of uses as is proposed with this property, i.e. suburban or urban residential rather than rural or agricultural uses. It appears that the proposed rezoning gives reasonable consideration to the character of the district. 11. Will the ro osed zone conserve the value of buildin s? The development anticipated under the proposed zoning is more intensive than the land uses currently surrounding the project site. City standards will insure that there is high quality development which will insure the value of buildings and homes is protected, maintained and conserved. Value of the buildings in the area will be conserved because the zoning will promote compatible and like uses on this property as are found on other properties in the area. 12. Will the requested zone encoura e the most appr2Rriate use of the land throughout the municapali? Urban scale residential development should be encouraged in areas where services and facilities are available such as is being proposed on this parcel. The proposed R--3 zoning is consistent with the future land use designations for the area and surrounding zoning in the area. II. REVIEW AND FINDINGS OF FACT FOR. THE PRELIM MARY PLAT OF COTTAGE GARDENS This application is reviewed as a major subdivision in accordance with statutory criteria and the Kalispell City Subdivision Regulations. A. Effects on Health and Safety. - Fire: This subdivision would be in the service area of the Kalispell Fire Department once annexed to the city. The property is 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. Hydrants will be required to be placed in compliance with the requirements of the International Fire Code and approved by the fire chief. The fire access and suppression system should be installed and approved by the fire department prior to final plat approval because of potential problems with combustible construction taping place prior to adequate fire access to the site being developed. Flooding: There is a mapped 1 oo-year floodplain to the immediate northeast of the proposed lots abutting the common area. This is an undesignated flood zone. Currently, no development is proposed for this site and it is intended to be common area, There is an existing 15 foot wide culvert crossing located within the floodplain which provides access to the proposed recreation area. No fill, exaction of modifications to the floodplain should be allowed either during or after development of this subdivision. During the city's site review committee in ePting the committee recommended that a floodplain study be conducted to determine the extent of the 1 oo-year floodplain on the property prior to final plat approval and any significant earth moving in the vicinity of the floodplain on the site. The committee recommended this condition based on past 6 subdivisions along Three Mile Drive which have had floodplain boundaries significantly impact the buildable area of lots. Access: Access to the subdivision is proposed from a single central access road off of Three Mile Drive. A second access roadway within the subdivision intersects the primary access roadway onto 'three Mile Drive in the area of lots 24 and 30 and provides access to those lots on the south and western portions of the site. The internal roadways serving the majority of the lots within the subdivision are proposed to be built to city standards with the developer opting to provide 7-foot boulevards instead of the standard 5-foot boulevards. The internal roadway system is also designed to be extended north serving Tract I BFA f Parcel B of Certificate of Survey # 171.20 and ultimately connect to the internal road system of Mountain vista to the west. As stated earlier, the developer is seeking a variance request to allow a 20-foot shared access to provide the street access to lots 3 and 4. The Planning Department and Public Works Department are not in favor of such a request. A full discussion of the variance request is found on page 13. There is currently a lack of pedestrian access along Three Mile Drive. This is gradually being mitigated by the provision of a bike/pedestrian trail along Three Mile Drive. The project does propose a continuation of this within a proposed 20-foot landscape buffer zone, bike pedestrian path and utility easement. On -site Improvements: The city of Kalispell has required past subdivisions to complete a mn' mum of two-thirds of the necessary infrastructure (water,, sewer, roads, etc.) prior to filing the final plat. The city staff recommends this condition an 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 departments nummurn 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 nui mum of two-thirds of the infrastructure be installed prior to final plat. B, Effects on Wildlife and Wildlife Habitat: This property may have some limited habitat primarily for birds, but is generally level without a variety of trees and grasses except areas lying adjacent to Spring Creek in the proposed common area. This looter lying area has trees, water and associated riparian vegetation. The proposed project would place this area in a common area which would be owned and maintained by a homeowners association.. This would protect the more viable wildlife habitat on the site. C. Effects on the Natural Environment: Surface _ +dgroundwater: This subd -4 sion urill be sen ed by public water and. sewer thereby minimizing any potential impacts to the groundwater. Spring Creek runs through this project. In an email sent to the Planning Department on February 22, 2007 the Department of Fish, Wildlife and Parks recommended 7 a 100 foot building setback from Spring Creek with the first 50 feet along Spring Creek maintained as a riparian buffer comprised of native vegetation with minimal maintenance. Fish, wildlife and Parks has recommended the building setbacks in order to maintain high water quality in Spring Creek and downstream waters. Chapter 7, The Natural Environment, of the Kalispell growth Policy 2020 lists the following Goals and Policies which further support the Department of Fish, Wildlife and Parks recommendations: Goal 1 ENCOURAGE DEVELOPMENT THAT IS COMPATIBLE WITH OR ENHANCES NATURAL RESOURCE VALUES INCLUDING AIR, WATER, SOIL AND VEGETATION. Coal 2 DEVELOPMENT NEAR ENVIRONMENTALLY SENSITIVE AREAS SHOULD FEE ACCOMPLISHED SO THAT THESE FEATURES ARE DEFT IN A RELATIVELY UNDISTURBED STATE. Goal 6 PROTECT WETLAND AND RIPARIAN AREAS SINCE THEY ARE IMPORTANT IN FLOOD PROTECTION, MAINTAINING WATER QUALITY AND PROVIDING HABITAT. Policy 3 Development in environmentally sensitive areas including 100-year floodplain, wetlands, riparian areas, shallow aquifers and on steep slopes may pose inherent development limitations and design should be managed to avoid and mitigate environmental impacts and natural hazards. A Depth to water Table map dated March 13, 2006 indicates the water table is 10-15 feet below the surface in the eastern portion of the site including the floodplain area. The map indicates as you continue west of the site the depth to 8 ground water level increases so that along the ,western boundary of the subdivision the depth to ground crater level is in the area of 20-50 feet below the surface. Therefore, if crawl spaces or basements are considered in construction on lots 1-12, they should be water proofed or the appropriate mitigation included in the construction to address groundwater levels. Drainage: This site has generally level topography except steep banks located immediately wrest of Spring creek. There is no City storm drain system in the immediate area and storm water will have to be managed using on --site retention methods as part of an engineered storm water management plan. The drainage plan will have to comply with the City of Kalispell's standards and State standards and will be required to be designed by a professional engineer. D. Effects on Kcal Services: Water: Water service to the subdivision would be provided by the City of Kalispell and extended from a water main that is being installed within the R1 W of Three Mile Drive. 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 withinthe city's water system to accommodate this development. Sewer: Sewer s ervi.c e will be provided by the city of Kalispell with an extension of existing sewer mains from their existing location within the Three Mile Drive right-of-way. Design and construction of the mains will be reviewed and approved by the Kalispell Public works Department. There is adequate capacity within the sewage treatment plan to accommodate this development. As part of the subdivision proposal, the engineer has indicated the need for a lift station between lots 1 and 3 adjacent to Three Mile Drive. There are existing pine trees located in the area of the proposed lift station which as a recommended condition of approval, would be required to remain. These trees will serve as landscaping and partly as a visual screen for the lift station site. Roads: Traffic projections for this subdivision are estimated to be approximately 210 to 300 additional individual vehicle trips per day based on the estimates of 7 - 10 vehicle trips per residence per day in the area onto Three Mile Drive. The subdivision main entrance road off of Three Mile Drive will be constructed to city standards and would include curb, gutter, sidewalks and landscape boulevards. The plans submitted with the application indicate the developer is proposing 7-foot wide boulevards instead of the standard 5-feet. An additional internal roadway will also be constructed to meet city standards which will serve lots on the western and southern boundaries of the project site. The developer has also provided a 60-Moot right-of-way easement for Tract lA located in the southwest corner of the project site. As part of the approval process the developer will be required to obtain. an approach permit from the Montana Department of Transportation in order to access Three Mile Dnve. The approach permit will include any improvements needed at the intersection with Three Mile Drive. 9 Overall there will be moderate impacts to Three Mile Drive as a result of this subdivision. Three Mile Drive is a paved, two lane state secondary roadway that is in fair condition. In 1997 the daily average vehicle trips east of Stillwater Road was 3,064. At some point, consideration will need to be given to the upgrading and widening of Three Mile Drive as development continues to occur in the area. Impacts to Three Mile Drive are incrementally increasing. However, with no funding currently available for the upgrade of secondary State highways at either the state or local level, no improvements to the Three Mile Drive area are anticipated. Additionally, because there are no development impact fees yet in place assessed by the City of Kalispell, Flathead County or the State of Montana, the impacts to the road will continue to be felt. Typically this would be the responsibility of the State with regard to design, funding and construction. Therefore, the Planning Department is recommending that at a nunimum a waiver to protest the creation of a special improvement district: for upgrading roads impacted by the development, in this case it would be Three Mile Drive, to city standards has been included as a recommended condition of approval. Schools: This development is within the boundaries of the Kalispell School District #5 (high school) and west Valley School (elementary). The school districts could anticipate that an additional 15 school aged children might be generated into the districts at full build out. Development along Three Mile Drive will continue to have a potentially significant impact on the west valley School District, particularly on a cumulative level with other developments pending within the district. Parks and Open Space: State and local subdivision regulations have parkland open space requirements for major subdivisions in the amount of 11 % of the combined area of all land to be divided into lots 1/2 acre and smaller. The area in lots is 5.04 acres creating an average lot size of 7,300 square feet, less than 1/2 an acre. 11% of the combined area in lots will require 0.55 acres in park area or cash in lieu equivalent. The developer is proposing a parr area approximately 0. S7 acres (37,808 square feet in size) in the northeast corner of the subdivision. A picture of the proposed park area is shown in Figure 2 on the next page. 10 FiLrure 2: booking east at the Dromsed Dark land site. - 4-1,11,1011 x y mill IsAl R- r ., `'.�,s�� .'� � . • ..tea ... �'. .�• �... -' . ...... ~�� ,.... n; .• p...3^.� ...�•. �. :.. .. .�.. ram.. , .. r. ."- � ram. f� ,r.... _ ,.. fir.. ,. -�• w, w_ � �„rj��+r x .r_ �,. � AwI- _ _` � �.w...«.� ... ..#6rc-. .. v. r .. .. - +�+I:i ,.firs AwA �Y►,`.' AVC row WK AAI p. Upon reviewing the proposed subdivision the Parks and Recreation Department is supportive of the parkland dedication amount and location. Access would be provided to the park area by an existing culvert crossing Spring Creek which is approximately 15 feet wide. The proposed park area is outside the 1 oo-year fi.00dplain shown on the preliminary plat and is fairly level with an average cross slope of approximately S percent. The environmental assessment submitted with the project states that within the common area east of Spring Creek the area will be kept for the most part in its natural state with minor improvements including a walking path, picnic tables and benches. As a recommended condition of approval staff is recommending that the developer provide the Parks and Recreation Department with a plan for the n* nprovements to the park area and install them prior to final plat. Maintenance of the common area is proposed as part of the homeowners association. Access to the common area and proposed parkland site is provided by a 1 o-foot wide walking path easement shown between lots b and 7 on the preliminary plat. During the city's site review committee meeting the committee recommended that the 1 o-foot easement to the common area be incorporated within the larger common area of the subdivision and not on individual lots as shown on the preliminary plat. The committee felt that providing the easement with a common area would alleviate potential enforcement issues if a property owner chooses to fence over the easement since the property boundary for lots 6 and. 7 go to the center of the easement. Along Three Mile Drive the developer is proposing a 20-foot landscape buffer zone which would include a bike and pedestrian path and utility easement. The buffer and bike/pedestrian path has also been a required condition of other subdivisions located along Three Mile Drive. As part of the required 20-foot landscape buffer developers have had to provide a tree planting plan along with seeding portions of the buffer in conjunction with the bike path installation. On this particular property there is an existing house in the area of lots 2 and 4. Surrounding this house on the west and south sides is a shelter belt of evergreen and deciduous trees. Included in this shelterbelt are three large evergreen trees located along the southern boundary of the current property, which would be located within the proposed 20-foot landscape easement along Three Mile Drive. Since the trees are there, planning staff is recommending as a condition of approval that the three evergreen trees remain to provide a landscaping screen to the potential lift station site and provide shade and a vegetative buffer between the bike path and Three Mile Drive. Police: This subdivision would be in the jurisdiction of the City of Kalispell Police Department once annexed to the city. The department can adequately provide service to this subdivision, however the cumulative impacts of growth within the city further strains the department's ability to continue to provide the high level of service the department is committed to. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department once annexed to the city, and the subdivision will be required to comply with the International Fire code. The fire department is also 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: Sold waste will be handled by a private contractor for at least the first 5 years and taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is close, less than three miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has been traditionally used for very limited agricultural purposes, primarily as horse pasture land. Because of its limited size and the presence of spring; Creep bisecting the property, it has limited agricultural potential. It can be efficiently and effectively used for urban residential development. Its location and its proximity to urban services make this property suited for urban scale development. There will be 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 grater system. F. Relation to the Ralalspell Growth Policy: This property is in the Kalispell Growth Policy's potential utility service area and is anticipated for this type of urban scale development at the time of connection to City utilities. The future land use reap for the area indicates this area is anticipated to be developed as Suburban Residential. Areas designated. as Suburban Residential are anticipated to be served by community water and sewer and have good access to services and public facilities. This land use designation anticipates a density of up to four dwelling units per acre and the requested R-3 zoning for the site has an overall density of approximately 2 . S dwelling units per acre. This 12 subdivision is in compliance with the Kalispell Growth Policy and its goals and policies. G. Compliance with Zoning: This property has been proposed to be zoned R-3, an Urban Single Family Residential zoning district. The proposed lot sizes range from 7,000 square feet to approximately 3,200 square feet. As discussed m section H, Compliance with the Kalispell Subdivision Regulations, several lots would not comply with the proposed R 3 zoning district if the requested variance is approved. Staff is recommending the variance be denied which would require the modification. of Lots 1 through 4 as shown on the preliminary plat. The remaining lots proposed within the subdivision meet the minimum lot size requirements and any modified lots would need to meet the ni r im um requirements prior to final plat approval. H. Compliance with the Kalispell SubdivisionRegulations: The developer is requesting a variance to Section 3.08.A of the Kalispell Subdivision Regulations which states, "Each lot shall have legal and physical access provided and must abut and have access to a public or private street or road. Alleys and emergency secondary access roads shall not be used to provide the primary means of access to a lot." The variance request seeps to allow a 20 -foot shared access and utility easement to lots 3 and 4. The shared access road would extend approximately 130 feet east of the main access road serving the subdivision. The easement is primarily located across lots 1 and 2, terminating on lots 3 and 4. Pursuant to Section 7.01, Variances, of the Kalispell Subdivision Regulations, the City council may grant variances from. chapters 3, 4 and 5 of the subdivision regulations when because of particular physical surroundings, shape, or topographical conditions of a specific property, strict compliance would result in undue hardship and when it would not be essential to the public welfare. Such variances must not have the effect of nullifying the intent and purpose of these regulations. The governing body shall not approve variances unless it makes findings rased upon the evidence in each specific case that: 1. The granting of the variance(s) will not be detrimental to the public health., safety or general welfare or injurious to other adjoining' properties; The requested variance would allow a substandard road access to lots 3 and 4 which are located approximately 130 feet east of the access roadway serving the subdivision. The application states that granting of the variance will not be detrimental to the public health, safety or general welfare or injurious to other adjoining properties because the access will be constructed in accordance with the Fire Department's recommendations to ensure adequate access for emergency vehicles. The Fire Department could support such a variance provided the access roadway meets the access requirements in the International Fire code and the access roadway has a. separate road. name. However, as discussed in Section 4, a 20--foot rride easement cannot accommodate a 20-foot ride fire access road, drainage, pedestrian access as well as convenient overflow or visitor parking. 13 2. The conditions an which the request for a variance(s) is based are unique to the property on which the variance is sought and are not applicable generally to other property; The application states that the use of a cul-de-sac to access the area of lots 3 and 4 is not practical due to the amount of square footage required to construct a cul- de-sac and the accompanying 60--foot road right-of-way. if such a cul-de-sac was built the buildable area on the lots would be reduced to the extent that the lots would not have a suitable buildable area. While the construction of a cul-de-sac may reduce the buildable area of lots or require several lots to be combined, planning staff would not consider this a unique property characteristic. Many lots including the 10.75 acre project site have certain constraints that must be incorporated into the design of the project. The developer has done a goad job by keeping the creek and adjacent f.00d.plain in common open space and concentrating the residential development on the higher ground. However, a possible reduction of the number of lots the developer has proposed if the variance is not granted does not constitute a unique situation warranting a variance from the road design standards. 3. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, an undue Hardship to the owner would result, as distinguished by a mere inconvenience, if the strict letter of these Regulations is enforced; The application states that due to the Montana Department of Transportation (MDT) requiring the location of the approach into the subdivision from Three Mile Drive at the location shown on the preliminary plat, this leaves buildable areas east of lots 1 and 2 which are difficult to provide access to. Therefore, the developer has requested the variance to construct a 20-foot wide shared access to this area. After reviewing the subdivision and variance request at the city's site review committee meeting, the committee did not feel that an undue hardship would result to the developer if the variance was denied. The application does not make a claim that the variance is caused by the particular physical surroundings, shape, or topographical conditions of the specific property involved. rather MDT has ]united the area of the approach onto Three Mile Drive thus limiting the design of the internal access roadway. It is the limitation on the internal roadway design in the south part of the subdivision that has effectively created two potential lots from being provided access which meets the subdivision standards in the current subdivision design.. 4. The variance(s) will not cause a substantial increase in public costs; and The application states that no additional public costs will be associated with the proposed variance because the shared access will be constructed by the developer and maintained by the homeowners association. The Public Works Department does not support the variance request because of the substandard road design and stated that although shared access roadways 14 may start as private drives, if the city ever has to take over the maintenance, it becomes problematic to maintain and possibly upgrade a 20--foot wide shared access roadway. Additionally, a 20-foot wide easement cannot accommodate a 20-foot wide fire access road, drainage, pedestrian access as well as convenient overflow or visitor parking. 5. The variance(s) will not, in any manner, vary the provisions of any adopted zoning regulations, or Master Plan. The application states that all sots utilizing the proposed 20-foot shared access are conforming to the R--3 zoning designation. This may be correct however lots 1 and 2, where the majority of the proposed access easement is located on, would not meet the minimum zoning requirements. The lot area is defined in the Kalispell zoning ordinance as `the total horizontal area within the boundary lines of a lot. where surface utility or street easements are located within a parcel, lot area computation shall not include that area contained within the easement." Therefore, if the variance is allowed as requested it will vary the provisions in the zoning regulations by creating lots which, when the easement square footage is removed from the lot areas shown can the preliminary plat, will bring the lots below the urn required lot area in the R-3 zoning district. ECO11�i RMENDATIONS T , Staff recommends that the Kalispell City Planning g Board and Zoning Commission adopt staff report KA-07-4 and recommend that initial zoning of the 10.75 acre site be R-3 on the zoning district map for the property. 11. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP-07-4 as findings of fact and recommend to the Kalispell City Council that the requested variance allowing the creation of lots 1 and 2 via a 20-foot shared access easement be denied and the proposed subdivision, Cottage Gardens, be approved subject to the following conditions: CONDITIONS OF "PROVAL General Conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, 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. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispel.l's Standards for Design and 15 Construction and Montana Public Works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. Note. Boulevards within the subdivision will be 7-feet wide. (Kalispell. Design and Construction Standards, project proposal) 4. 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) 5. 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) . G. 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 Pear nit for Storinwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 7. A letter from the Kalispell Public Works Department shah 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) S. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for the approach onto Three Mile Drive. If any improvements are necessary at this intersection, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. (Findings of Fact, Section D, Roads) 9. 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 rm'nimurn fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Inte.mationa l Fire Code (2003) Appendix- B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. 16 c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance 10-8. e. street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking fire lane." 10. A letter shall be obtained from the Kalispell Parks and Recreation. Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation. Department. (Kalispell subdivision. Regulations, Section 3.11 ) 11. The area designated on the plat as "park area" shall meet the parkland dedication requirements provided that it is developed to create a recreational amenity within the subdivision. The park improvements shall Include a walking path, picnic tables and benches. The developer shall provide the Parks and Recreation Department with the park improvement plan and install the improvements prior to final plat. (Kalispell Subdivision. Regulations, section 3.13, Findings of Fact, Section. D, Parks and open. Space and environmental assessment) 12. That a m'nu* nurn 20-foot landscape buffer zone shall be established as shown on the preliminary plat. The 20 -foot buffer zone shall include a paved bike and pedestrian trail, 10-feet vide, comply with AASHTO standards for bake and pedestrian paths, and integrated into existing bike and pedestrian paths along Three Mile Drive. The 20-foot buffer strip shall also include buffering in the form of bermang and landscaping. These improvements are to be coordinated with the Kalispell Public Works Department and Parks and Recreation Department. (Findings of Fact, Section. D, Parks and open space) 13. The three existing evergreen trees located within the 20-foot landscape buffer zone shown on the preliminary plat shall not be removed. The trees shall be flagged and construction fencing placed around the trees prior to any grading or utility improvements on the site. (Findings of Fact, Section D, Parks and open Space) 14. The 10-foot easement to the commmon area shall be incorporated within the larger common area of the subdivision and not on individual lots. (Findings of Fact, section D, Parks and openSpace) 15. A 100 foot building setback from the centerline of Sprang Creek shall be shown on the final plat. (Findings of Fact, section C, Surface and Groundwater) 16. 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 in the area to City standards which are impacted by this subdivision." (Findings of Fact, section D, Roads) 17 17. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform 'Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section. 3.09) 18. 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 allover 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) 19. A detailed floodplain study shall be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. The final plat shall not be recorded and no significant earth moving within 100 feet of the centerline of the creep shall be allowed until the completion and acceptance of the study area. The newly delineated floodplain shall be staked. The base flood elevation accepted by FEMA shall be indicated on the final plat and no lots shall extend into the newly delineated flood.plain. (Findings of Fact, Section A, Flooding) 20. Prior to fifin.g 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) 21. 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)) 22. The following statement shall appear on the final plat. "The undersigned hereby grants unto each and every person, fwm 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)) 2 3. A homeoNkrncrs associ.a.tion for the subdivision shall be created that includes a provision for the maintenance of the bike path and landscaping within the 20- foot landscape buffer along Three Mile Drive and the park and common areas along Spring Creek. (Findings of Fact, Section D, Parks and Open Space and project proposal) n .going conditions• 24. A]I utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 25. All areas disturbed during development shall be re -vegetated with a weed --free mix immediately ediately alter development, 19 IT A COTTAGE GARDENS SUBDIVISION PLAT CONDITIONS OF APPROVAL AS RECOPfiMNDED BY THE HALISPELL CITY PLANNING BOARD : ARCH 13, 2007 The Kalispell City Planning Board recommends to the Kalispell City Council that the preliminary plat for Cottage Gardens subdivision be approved subject to the following conditions: General Conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, 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. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and. sidewalks. Note: Boulevards within the subdivision will be 7-feet wide. (Kalispell Design and Construction Standards, project proposal) 4. Water and sewer main extensions shall be designed and constructed in accordance with the City of K.alispell'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) 5. The developer shall submit to the Kalispell Public Forks 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 tQ 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) 6. 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) 7. 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) 3. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for the approach onto Three Mile Drive. If any improvements are necessary at this intersection, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. (Findings of Fact, Section D, Roads) 9. 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 shah be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter S. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking fire lane." 10. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11) 11. The area designated on the plat as "park area" shall meet the parkland dedication requirements provided that it is developed to create a recreational amenity within the subdivision. The park improvements shall include a walking path, picnic tables and benches. The developer shall provide the Parks and Recreation Department with the park improvement plan and install the improvements prior to final plat. (Kalispell Subdivision Regulations, Section 3.19, Findings of Fact, Section D, Parks and Open Space and environmental assessment) 12. That a rmir *mum 20-foot landscape buffer zone shall be established as shown on the preliminary plat. The 20-foot buffer zone shall include a paved bike and pedestrian trail, 10-feet wide, comply with AASHTO standards for bike and pedestrian paths, and integrated into existing bike and pedestrian paths along Three Mile Drive. The 20 -foot buffer strip shall also include buffering in the form of berming and landscaping. These improvements are to be coordinated with the Kalispell Public Works Department and Parks and Recreation Department. (Findings of Fact, Section D, Parks and Open Space) 13. The 10-foot easement to the common area shall be incorporated within the larger conlnnon area of the subdivision and not on individual lots. (Findings of Fact, Section D, Parks and Open Space) 14. A 100 foot building setback from the centerline of Spring Creek shall be shown on the final plat. (Findings of Fact, Section C, Surface and Groundwater) 15. 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 in the area to City standards which are impacted by this subdivision." (Findings of Fact, Section D, Roads) 16. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved.. (Kalispell Subdivision Regulations, Section. 3.09) 17. 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) 18. A detailed floodplain study shall be completed and accepted by FEMA determirf1ng the base flood elevation for the floodplain area within the subdivision. The final plat shall not be recorded and no significant earth moving within 100 feet of the centerline of the creek shall be allowed until the completion and acceptance of the study area. The newly delineated floodplai.n shall be staked. The base flood elevation accepted by FEMA shall be indicated on the final plat and no lots shall extend into the newly delineated floodplai. (Findings of Fact, Section A, Flooding) 19. 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) 20. 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)) 21. 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)) 22. A homeowners association for the subdivision shall be created that includes a provision for the maintenance of the bike path and landscaping within the 20- foot landscape buffer along Three Mile Drive and the park and common areas along Spring Creek. (Findings of Fact, Section D, Parks and Open Space and project proposal) On Roig conditions : 23. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 24. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. City of Kalispell Planning Department 17 -- 2nd Street East, Suite 2 11, Kalispell, Montana 59901 Telephone: (406) 75 1--1850 Fax: a.x: (406) 751-1858 MAJOR SUBDTVISION PRELIMINARY PLAT APPLICATION FEE SCHEDULE: FEE ATTACHED PREY. PAID Major Subdivision (6 or more lots) $750 + $105/lot Mobile Home Parks 8v Campgrounds (6 or more spaces) $750 + $105/space Amended Preliminary Plat Amendment to Conditions Only $350 base fee Re -configured Proposed Lots Base fee + $40/lot Add Additional Lots or Sublots Base fee, + $105/lot Subdivision Variance $100 (per variance) Commercial and Industrial Subdivision $950 + $125/lot 3UBDIVi3ION NAME: COTTAGE GARDENS SIJBDI[TISION OWNERS) OF RECORD: Name ARPEX 1, L.L.C., NORIVIAN C. SANDERSON Phone A2061 322-5977 Mailing Address 10 EAST ROANOKE STREET #8 City SEATLE State WA Zip 98102 TECHNiCALJPROFES3IONAL PARTICIPANTS (Surveyor/Des er/Engineer, etc): Name & Address DAVE HOFSTAD-9 HILZAC CORPORATION P.I], BOX 5 KALISPELL, MT 59904 Name & Address BRYAN LONG L[a11IG ENGINEERING, P.D. BOX 7907-1.......- KALISPELLy MT 59904 LEGAL DESCRIPTION OF PROPERTY* Property Address 575 THREE MILE DRIVE IiALISPELL Assessor's Tract No(s) 0625101 Lot No(s) _TRACT lAC/TR.ACT 1 C.0.3. #9981 1/4 Sec SW Y4 & SE Y4 Section 2 Township 25 N . Range 22 W GENERAL DESCRIPTION OF SUBDTLTISION: Number of Lots or Rental Spaces 30 Total Acreage in Subdivision 14.75 Ac. Total Acreage in Lots 5.a4 Ac. Minimum Size of Lots or Spaces 0.161 Ac. 'total Acreage in Streets or Roads 1.92 Aq. Maximum Size of Lots or Spaces 0.215 Ac. Total Acreage in Parks, open. Spaces and/or Common Areas 3.81 Ac. 1 PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family 30 Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other: Clubhouse APPLICABLE ZONING DESIGNATION & DISTRICT PROPOSED R-S ESTIMATE OF M VALUE BEFORE IMPROVEMENTS 675 000.00 IMPROVEMENTS TO BE PROVIDED: Roads: Gravel Paved X Curb _A__ Gutter Sidewalks X Alleys Other Water System: Individual Multiple User Neighborhood _Public X Other Sewer System: Individual Multiple User Neighborhood Public � ._ other Other Utilities: Cable TV X Telephone X Electric X Gas X Other Solid Waste: Home Pick Up Central Storage _ _ ___. contract Hauler Owner Haul Mail, Delivery: Central X Individual School District: R�A�ISPELL Fire Protection: Hydrants X Tanker Recharge Fire District: CITY OF KALIPELL Drainage System: DISCHARGE TO STATE WATERS OR. SUBSURFACE INFILTRATION PROPOSED EROSION/ SEDIMENTATION CONTROL: SILT BARRIERS, OR OTHER SUITABLE CONTROL MEASURES WILL BE PROVIDED DURING CONSTRUCTION TO -PROTECT VEGETATIVE COVER, VARIANCES: ARE ANY VARIANCES REQUESTED? YES (yes/no) If yes, please complete the information below: SECTION OF REGULATIONS CREATING SHIP: CITY OF KALIS PELL SUBDIVISION REGULATIONS CHAPTER 3 DESIGN STANDARDS SECTION 3.08 PARAGRAPH A LACCESS). E�CPLAIN THE HARDSHIP THAT WOULD BE CREATED '4G''ITH STRICT COMPLIANCE WITH REGULATIONS DUE TO MDOT RECOMMENDED APPROACH LOCATION SUITABLE LOT LOCATIONS IN THE SE CORNER OF THE PROPERTY ARE NOT ACCESSABLE BY A PUBLIC STREET. PROPOSED ALTERNATIVE(3) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: THE PROPOSED ALTERNATIVE IS TO PROVIDE A SHARED DRIVEWAY EASEMENT BETWEEN LOT 1 8& 2 TO PROVIDE ACCESS TO LOTS 3 & 4. THIS EASEMENT WILL ALSO PROVIDE ACCESS TO THE PROPOSED LIFTSTATION . 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 proper -ties? NO. THE SHARED ACCESS DRIVEWAY WILL BE CONSTRUCTED IN ACCORDANCE WITH FIRE DEPARTMENT RECOMMENDATIONS TO ENSURE AD UA'TE ACCESS FOR EMERGANCY SERVICES, 2.. Will the variance cause a substantial increase in public costs? NO THE SHARED ACCESS WILL BE CONSTRUCTED AND MAINTAINED BY THE DEVELOPER AND HOMEOWNERS, THEREFORE NO ADDITIONAL PUBLIC COSTS WILL BE ASSOCIATED WITH THE PROPOSED VARLkNCE, 3. Will the variance affect, in any manner, the provIsions of any adopted zonm' g regulations, Master Plan or Growth Policy? NO ALL LOTS UTILMNG THE SHARED ACCESS ARE CONFORMING WITH THE PROPOSED ZOMNG DESIGNATION. 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? YES THE LOCATION OF THE A.PPROCH INTO THE PROPOSED SUBDMSION AS DETERMINED BY THE MDOT. S. What other conditions are unique to this property that create the need for a variance? THE USE OF A CUL-DE-SAC TO ACCESS THE AREA IN THE SE CORNER OF. PROPERTY IS NOT PRACTICAL9 DUE TO THE AMOUNT OF SQUARE FOOTAGE UIRED TO CONSTRUCT A CUL-DE-SAC AND 60' R-O-W. THE BUILDABLE -AREA WOULD THEN BE CONSIDERABLE REDUCED TO THE EXTENT THAT LOTS WOULD NOT HAVE SUITABLE BUILDABLE AREAS. 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. I. 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 1 7" in size. 5. Application fee. 6. Adjoining Property owners List (see example below and attached notice from County Plat Room) Assessor# Sec-Twu- Lot/Tract No Propegy Omer & Malligg Address 0625101 2-28N-22w Tract 1 AC J Appex 1, L.L. C, Norman C. Sanderson Tract 1 per 10 East Roanoke Street #8 C.O.S. #9981 Seattle, -WA 98102 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 tine mon' oring and inspection during the approval and development process. r AP(--X- L-LC (Applicant) (Date) il & Cou my sA(3ow5 'mm 1EA ou n SIB ectl ID R�2 IDS: J§ AG-80 Co�inty County I Ll 19A 91 SAGS �'oynty` Rmm3 4C� 10B 10A 12 114 T3 5 AG-00 �O� ll A lac IBB 1ABA 4 k",9 an 3F 1 3 4DR,m2/PUD V. 29 2 37 600 ok.., VICINITY MAP APPEX I LLC[NORMAN SANDERSON COTTAGE GARDENS SUBDNISI N &ANNEXATION FAMILy SUBDNISION- A 30 LOT SINGLE (URBAN SINGLE FAMILY INITIAL ZOONRES& AC 'PLOTDKU2/13/07RESIDENTIAL) APPRO.310.8 N:\g ic\ate\keOT_M FILE# KA-07-04 81 KPP-07-04 PER C.O.S. # 17120 N 89050'46" E N J-OU'SU"t 109.060 l PARK AREAf f I ! C �' LOTS s FOM STR ! / 37,808 Sq Ft' r i t3 0.868 Ac. m * _ f C MON AREA f (P A LOT-8 19 Sq Ft Ar WoSqFt- iff:3 ke % r LCiT 1fNG PATH -A p�a .7 LOT-6 A --... 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