7. Resolution 5190 - Preliminary Plat - Cottage GardensCity of Kalispell
Planning Department
7 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 75 l -1. 850
Fax: (406) 751-1858
Website: kalispellplanning. corm
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
James H. Patrick, City Manager
SUBJECT. Preliminary Plat request for Cottage Gardens Subdivision
MEETING DATE: April 2, 2007
BACKGROUND: The Kalispell City Planning Board met on March 13, 2007 and held
a public hearing to consider a request by Appex 1 for preliminary plat approval to
create a 30 lot residential subdivision on approximately 10.75 acres. In addition to
the subdivision request the developer also requested a variance from the road
standards contained in the Kalispell Subdivision Regulations. Currently this property
is in the County zoning jurisdiction and has a zoning designation of County AG-80, an
agricultural zoning designation that has a minimum lot size requirement of 80 acres.
The owners have submitted a petition for annexation and initial zoning request of R-3.
The property proposed to be subdivided is located on the north side of Three Mile
Drive approximately '/2 mile 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.G.S. # 981
located in Section 2, Township 28 North, Range 22 West, P.M.M. , Flathead County.
Sean Conrad of the Kalispell Planning i ri g Department, presented staff report # KPP-07-4
and recommended the Planning Board consider denying the variance request and
recommending approval of the preliminary plat subject to 24 conditions. Mr. Conrad
noted that recommended condition number 13, regarding existing pine trees on the
property, be removed since the trees have been cut down by Flathead Electric due to
their proximity to existing power lines.
At the public hearing Bryan Long from Long Engineering spoke in favor of the
subdivision. Mr. Long stated that the type of road requested as part of the variance
has been approved in two other subdivisions, Aspen Creek and Lone Pine Trails. The
request for the variance is due to the fact that other approaches have already been
designed and approved along this portion of Three Mile Drive and the developers of
Cottage Gardens were given a very shallow corridor by the Montana Department of
Transportation (MDT) to get an access into this property. The developers felt that by
MDT limiting their access location this was a legitimate argument for a hardship for
this property. Mr. Long also stated that he has requested MDT to review the location
and possibly approve moving the approach onto Three Mile Drive 100 to 150 feet
further to the east. if this request is allowed the southeast corner of the subdivision
will get modified somewhat.
Dave Hofstad also spoke in favor of the project and noted that Flathead Electric had
requested that the trees under the poorer lines be removed. Flathead Electric told Mr.
Hofstad that they would provide some replacement trees for the ones removed.
Bill Johnson had concerns about the time between when the ground is broken for
subdivision improvements until the project is finished. During the project construction
phase dust and stormvvater run-off have been issues in the immediate area. Mr.
Johnson wants the developer to clearly understand what is required of him and what
the consequences would be if they didn't comply with the conditions.
After the public hearing the board discussed the proposal and a motion was made to
remove condition number 13 and recommend the Kalispell City Council deny the
variance request and approve the preliminary plat subject to the 24 conditions listed
in the staff report. The planning board also noted in their motion that if MDT allows
the access roadway to shift to the east this would cause a minor redesign of Lots 1--4
which would not need to come back before the board for review. The motion passed
unanimously.
RECOMMENDATION: A motion to deny the variance request and approve the
preliminary plat with the 24 conditions would be in order.
FISCAL EFFECTS: Positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully s 'tted,
Sean Conrad antes H. Patrick
Senior Planner City Manager
Report compiled March. 27, 2007
Attachments: Transmittal letter
Exhibit A (conditions)
Staff reports #KPP-07-4 and application materials
Draft Minutes 3 / 13 / 07 planning board meeting
c: Theresa white, Kalispell City Clerk
City of Kalispell
Planning Department
17 -- 2"d Strect East, Suite 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.G. Box 1997
Kalispell, MT 59903
Re: Preliminary Plat request for Cottage Gardens subdivision
Dear Jim:
The Kalispell City Planning Board met on March 13, 2007 and held a public hearing to
consider a request by Appex 1 for preliminary plat approval to create a 30 lot
residential subdivision on approximately 10.75 acres. In addition to the subdivision
request the developer also requested a variance from the road standards contained in
the Kalispell subdivision Regulations. Currently this property is in the County zoning
jurisdiction and has a zoning designation of County AG-80, an agricultural zoning
designation that has a minimum lot size requirement of 80 acres. The owners have
submitted a petition for annexation and initial zoning request of R-3.
The property proposed to be subdivided is located on the north side of Three Mile
Drive approximately 1/2 mile 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.
Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-07-4
and recommended the Planning Board consider denying the variance request and
recommending approval of the preliminary plat subject to 24 conditions. Mr. Conrad
noted that recommended condition number 13, regarding existing pine trees on the
property, be removed since the trees have been cut down by Flathead Electric Co-op
due to their proximity to existing power lines.
At the public hearing Bryan Long from Long Engineering spoke in favor of the
subdivision. Mr. Long stated that the type of road requested as part of the variance
has been approved in two other subdivisions, Aspen Creek and Lone Pine Trails. The
request for the variance is due to the fact that other approaches have already been
designed and approved along this portion of Three Mile Drive and the developers of
Cottage Gardens were given a very shallow corridor by the Montana Department of
Transportation (MDT) to get an access into this property. The developers felt that by
MDT limiting their access location this was a legitimate argument for a hardship for
this property. Mr. Long also stated that he has requested MDT to review the location
and possibly approve moving the approach onto Three Mile Drive 100 to 150 feet
further to the east. If this request is allowed the southeast corner of the subdivision
will get modified somewhat.
Dave Hofstad also spoke in favor of the project and noted that Flathead Electric had
requested that the trees under the power lines be removed. Flathead Electric told Mr.
Hofstad that they would provide some replacement trees for the ones removed.
Bill Johnson had concerns about the time between when the ground is broken for
subdivision improvements until the project is finished. During the project construction
phase dust and storrnwater run-off have been issues in the immediate area. Mr.
Johnson wants the developer to clearly understand what is required of him and what
the consequences would be if they didn't comply with the conditions.
After the public hearing the board discussed the proposal and a motion was made to
remove condition number 13 and recommend the Kalispell City Council deny the
variance request and approve the preliminary plat subject to the 24 conditions listed
in the staff report. The planning board also noted in their motion that if MDT allows
the access roadway to shift to the east this would cause a minor redesign of Lots 1-4
which would not need to come back before the board for review. The motion passed
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 Planning
Department if you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
4�.rF
Timothy Norton
President
Attachments: Exhibit A
Staff reports #KPP- 07-4 and application. materials
Draft Minutes 3 / 13 / 07 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w f o Att: Appex 1, L.L.C., Norman C. Sanderson, 10 East Roanoke Street #8,
Seattle, WA 98102
Long Engineering, Bill Bache, PC Box 7907, Kalispell, MT 59904
RESOLUTION NO.5190
A RESOLUTION CONDITIONALLY APPROVING- THE PRELIMINARY PLAT OF
COTTAGE GARDENS SUBDIVISION, MORE PARTICULARLY DESCRIBER AS TRACT
1AC AND FURTHER DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 9981, IN
SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA.
WHEREAS, Apex 1, LLC, the owners of the certain real property described above, have
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
March 13, 2007 on the proposal and reviewed Subdivision Report #KPP--07-4 issued
by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Cottage Grove Subdivision subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of April 2,
2007, reviewed the Kalispell Planning Department Report #KPP-07-4, 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
KA-LISPELL, MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report
#K.PP-07-4 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Apex 1, LLC for approval of the Preliminary Plat of
Cottage Gardens Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
General Conditions:
1. That the development of the site shall be in substantial compliance with the application
submitted, 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 P 1 at)
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 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)
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)
8. 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 shall be in accordance with
International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c.- Fire Department access shall be provided *n 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 parr 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 minimum 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 ofberming 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 common
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 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 creek 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 floodplain. (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)
Ongoing 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.
SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 2ND DAY OF APRIL, 2007.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
City of Kalispell
Planning Department
17 - 2"d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
March 27, 2007
James H. Patrick, City Manager
City of Kalispell
P.G. Box 1997
Kalispell, MT 59903
Re: Preliminary Plat request for Cottage Gardens Subdivision
Dear Jim:
The Kalispell City Pl g Board met on March 13, 2007 and held a public hearing to
consider a request by Appex 1 for preliminary plat approval to create a 30 lot
residential subdivision on approximately 10.75 acres. In addition to the subdivision
request the developer also requested a variance from the road standards contained in
the Kalispell Subdivision Regulations. Currently this property is in the County zoning
jurisdiction and has a zoning designation of County AG-80, an agricultural zoning
designation that has a minimum lot size requirement of 80 acres. The owners have
submitted a petition for annexation and initial zoning request of R-3.
The property proposed to be subdivided is located on the north side of Three Mile
Drive approximately 1/2 mile 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.G.S. # 9981
located in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County.
Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-07-4
and recommended the Planning Board consider denying the variance request and
recommending approval of the preliminary plat subject to 24 conditions. Mr. Conrad
noted that recommended condition number 13, regarding existing pine trees on the
property, be removed since the trees have been cut down by Flathead Electric Co-op
due to their proximity to existing power lines.
At the public hearing Bryan Long from Long Engineering spoke in favor of the
subdivision. Mr. Long stated that the type of road requested as part of the variance
has been approved in two other subdivisions, Aspen Creek and Lone Pine Trails. The
request for the variance is due to the fact that other approaches have already been
designed and approved along this portion of Three Mile Drive and the developers of
Cottage Gardens were given a very shallow corridor by the Montana Department of
Transportation (MDT) to get an access into this property. The developers felt that by
MDT limiting their access location this was a legitimate argument for a hardship for
this property. Mr. Long also stated that he has requested MDT to review the location
and possibly approve moving the approach onto Three Mile Drive 100 to 150 feet
further to the east. If this request is allowed the southeast corner of the subdivision
will get modified somewhat.
Dave Hofstad also spoke in favor of the project and noted that Flathead Electric had
requested that the trees under the power lines be removed. Flathead Electric told Mr.
Hofstad that they would provide some replacement trees for the ones removed.
Bill Johnson had concerns about the time between when the ground is broken for
subdivision improvements until the project is finished. During the project construction
phase dust and stormwater run-off have been issues in the immediate area. Mr.
Johnson wants the developer to clearly understand ghat is required of hire and what
the consequences would be if they didn't comply with the conditions.
After the public hearing the board discussed the proposal and a motion was made to
remove condition number 13 and recommend the Kalispell City Council deny the
variance request and approve the preliminary plat subject to the 24 conditions listed
in the staff report. The planning board also noted in their motion that if MDT allows
the access roadway to shift to the east this would cause a minor redesign. of Lots 1-4
which would not need to come back before the board for review. The motion passed
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 Planning
Department if you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
Timothy Norton
President
Attachments: Exhibit A
Staff reports #KPPW-07 -4 and application materials
Draft Minutes 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 East Roanoke Street #3,
Seattle, WA 98102
Long Engineering, Bill Bache, PO Box 7907, Kalispell, MT 59904
EDaMrr A
COTTAGE GARDENS SUBDIVISION
PLAT CONDITIONS OF APPROVAL
AS RECOIED BY THE KALISPELL CITY PLANNING BOARD
MARCH 13, 2007
The Kalispell City Planning Board recommends to the Kalispell City Council that the
preliminary plat for Cottage Gardens subdivision be approved sub& ect 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)
. 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 Resign
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 sever 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)
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)
8. The developer shall obtain an approach pen -nit 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 *n 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 shall be in
accordance with International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International
Fire Code (2003) Chapter 5.
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 minimum. 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 common 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)
13. 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 creek 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 floodplain.
(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 parr and common areas
along Spring creek. (Findings of Fact, Section D, Parks and Open Space and
project proposal)
On going 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 geed -free
mix immediately after development.
City of Kalispell
Planning Department
1 7 -- 2nd street East, Suite 2 11, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
MANOR SUBDAWISION PRELIMINARY PLAT APPLICATION
FEE SCHEDULE: FEE ATTACHED PREY. PAID
Major Subdivision (6 or more lots) $750 + $105/lot
Mobile Home Packs 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
SUBDIVISION NAME: COTTAGE GARDENS S'UBDIWSIoN
owxEx(s) of RECORD:
Name APPE 1 L*L,C*t NORMAN C. SANDERSON Phone L20q 322-5977
Mailing Address 10 EAST ROANOKE STREET #8
City SEATLE
State WA zip
98102
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/ Designer/ En eer, etc):
Name & Address DATE HOFSTAD HILZAC CORPORATION P.O. BOX 8��5
KALISPELL,_MT 59904
Name & Address BRYAN LONG LONG ENGINEERING P.G. BOX 7907
KALISPELL MT 59904
LEGAL DESCRIPTION OF PROPERTY:
Property Address 575 'THREE MILE DRrVE K.ALISPELL
Assessor's Tract No(s) 0625101 Lot No(s) TRACT IAC/TRACT 1 C.0.3.
#9981 1/4 Sec
SW Y4 & SE Y4 Section-__2 Township �28 N Range 22 W
GENERAL DESCRIPTION OF SUBDIVISION:
Number of Lots or Rental spaces 30 Total. Acreage in Subdivision I.0.75 Ac.
Total Acreage in Lots 5.04 plc, Minimum Size of Lots or Spaces 0.161 Ac.
Total Acreage in streets or Roads 1.92 Ac. Maximum size of Lots or Spaces 0.215 Ac.
Total Acreage in Parrs, open Spaces and/or common Areas 3.81 Ac.
PROPOSED USE(3) AND NUMBER OF A3SOCLATED LOTS/SPACES:
Single Family 30 Townhouse
Duplex
Commercial
Condominium
Apartment
Industrial
Multi -Family
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
Other: Clubhouse
APPLICABLE ZONING DESIGNATION & DISTRICT PROPOSED RM3
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS 675 OOO.00
IMPROVEMENTS TO BE PROVIDED.
Roads: Gravel -Paved X Curb - Gutter X Sidewalks X Alleys Other
Water System; IndividualMultiple User Neighborhood Public X.. Other
Sewer System: Individual Multiple User Neighborhood Public X other
Other Utilities: cable TV X Telephone 1�: __ Electric X Gas Other
Solid Waste: Home Pick Up central Storage , contract Hauler. X Owner Haul
Mail, Delivery., central X Individual School District: KALISPELL
Fire Protection: Hydrants X Tanker Recharge Fire District: CITY OF M LIPELL
Dralinare System: DISCHARGE TO STATE WATERS OR SUBSURFACE INFM TRA'TION
PROPOSED EROSION/ SEDIMENTATION CONTROL:-SILT-BARRIERScs. OR
OTHER SUITABLE CONTROL FASURES WILL BE PROVIDED DURING
CONSTRUCTION TO PROTECT VEGETATIVE COVED. I
V CES : ARE ANY VARLMICES. REQUESTED? YES (yes/no) If yes,
please complete the information. below:
SPiC TION OF REGULATIONS CREATING SHIP: CITY OF KALISPELL
SUBDIVISION REGULATIONS CHAPTER DESIGN STANDARDS SECTION 3.08
PARAGRAPH A CACCESS).
E PLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE
WITH REGULATIONSDUE To MDOT RECOMMENDED APPROACH LOCATION
SUITABLE LOT LOCATIONS IN THE SE CORNER OF THE PROPERTY ARE NOT
ACCESSABLE BY A PUBLIC STREET.
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE
REG"rULATIONS: THE PROPOSED ALTERNATIVE IS TO PROVIDE A SHARED
DRIVEWAY EASEMENT BETWEEN LOT 1 & 2 TO PROVIDE ACCESS TO LOTS 3 & 4.
THIS EASEMENT WILL ALSO PROVIDE ACCESS TO THE PROPOSED LIFT 'STATION.
101
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 irajun'ous to other adjoining properties?
NO THE SHARED ACCESS DRIVEWAY WILL BE CONSTRUCTED IN
.ACCORDANCE WITH FIRE DEPARTMENT RECOMMENDATIONS TO ENSURE
AD DATE ACCESS FOR EMERGANCY SERVICES.
2. Will the variance cause a substantial increase in public costs?
N09 THE SHARED ACCESS WILL BE CONSTRUCTED AND MAINTAINED BY
THE DEVELOPER AND HOMEOWNERS, THEREFORE NO ADDITIONAL
PUBLIC COSTS WILL BE ASSOCIATED WITH THE PROPOSED VARLMNCE,
3. Will the variance affect, in any manner, the provisions of any adopted zoning
regulations, Master Plan or Growth Policy?
NO ALL LOTS UTILIZING THE SHARED ACCESS ARE CONFORMING WITH
THE PROPOSED ZONING DESIGNATION.
4. Are there special circumstances related to the physical characteristics of the site
(topography, shape, etc.) that create the hardship?
YES2 THE LOCATION OF THE APPROCH INTO THE PROPOSED SUBDMSION
AS D.- INED BY THE MDOT.
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 PRACTICAL. DUE TO THE AMOUNT OF SQUARE
FOOTAGE [TIRED TO CONSTRUCT A CUL-DE-SAC AND 50' R-[ -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.
1. 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.
S. Application fee.
6. Adjoining Property Owners List (see example below and attached notice
from County Plat Room.):
Assessor# Sec-'I'vm- Lot Tract No Property Owner & MailinAddress
0625101 2-28N-22w 'tract 1 AC/ Appex 1, L.L.c, Norman C. Sanderson
Tract 1 per 10 East Roanoke street #8
C.Q.S. #9981 Seattle WA 98,102
l 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.
A C 1 �
(Applicant) (bate)
4
ENVIRONMENTAL ASSESSMENT
PER CITY OF KALISPELL SUBDIVISION REGULATIONS
For
COTTAGE GARDENS SUBDIVISION
For
Norman C. Sanderson
Appex 1, L.L.C.
10 East Roanoke Street #8
Seattle, VITA 98102
Prepared By:
'o-e-zn. 7 :?�� T6Eao 7
,;oo' Bryan K. ong, P.E.
Long Engineering, P.C.
347 West Idaho 1 P.O. Box 7997
Kalispell, MT 59994
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 1
I. GEOLOGY:
Locare oti i eop�� ofthe pi
1. :- � • known ha.-,Iards gl!!�c°tirrg the ch-�vc lcywnent wh7'eh c otdcl result in propel-tv
a. :r s. slkles or slumps - soil, rock, k, mud, snow
There are no falls, slides, slumps or bedrock that could result in
property damage or personal injury. The topography of the
proposed subdivision site includes slopes with grades between
four and six percent. one broad swale exists on the property with
varying side slopes, maximum of 34%, as shown on the
preliminary plat. None of this severely sloping area will be used
for construction. Vertical elevations differ by approximately
sixteen feet across the entire site. The area is not prone to any
unusual seismic activity.
b. All.v rock outeropping.
There are no rock outcroppings existing on the property.
H. Describe any proposed measures to prevent or reduce the &mger g1'pr•operty c ania e
or Personal injirry ftoni ativ of these hazards.
The property does not include any known geologic hazards.
IY. SURFACE WATER:
Locate can �r copy (,).fthe preliminary y plat
Any natival water swems such as streams, rivers, intermitrcia streams, lakcc y or
rnarshc's (6iLw indicate the names �rrrcl s *-7
cis of ac�h)
The USGS map indicates the presence of one stream (Spring creek)
within the proposed development.
R Any Girt is itll Itutel, S'ysl�ems Such tis c muds, i1 tcFhes, ar���e��`uc-1sr r�����enr oir.r cmd
'rim c iOil silly Wins (�rfs o itulicate the nwil es, s4zes 4ind Present rts( of 'et&!h)
No artificial water systems are located within the proposed development.
'. rr � ar� �crs : � ?jc'� t tc flood h(i-ur d, or �;f tvai/cible, I00 vear�.����{�c:���larrr r�ic���� �tcsin 1.�c�s�t
Areas along Spring creek, located within the I oo-yr flood plain (Zone -A)
is shown on the Preliminary Plat. This area is concentrated in the broad
swale area where Spring Creek crosses the property. No construction is
planned within any of theses areas.
ENVIRQMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 2
III. VEGETATION:
Locate on a eop�o0he preliminary plat the major veggerailon q;pes �vithtin the.
.stibdii sion (' ,{(T., marshl grassland-, shi-iib andjbrest).
Existing vegetation on the site consists mainly of native, agricultural, and
crop grasses. A stand of aspen and willows exist within the proposed
development, both located in the deeper sections of the broad swale of
Spring Creek.
B. Des(ribe the amount (,) f v geration theit is to be removed, or Cleaned, Jbrm the site, can
State the 1*f_:wS017s. fi)r'mc h removal.
Existing vegetation will be removed only where necessary to construct
roads, driveways and structures. Other areas will be enhanced by
landscaping.
C. Describe anv proposed measures to be taA-en to protect vegretatil*e, cover.
Silt barriers, or other suitable control measures will be provided during
construction to protect vegetative cover. Revegetation of any areas
disturbed during construction will be completed as soon as practically
possible following construction.
IV. WILDLIFE:
A. ffl'hat inq or specl Est qf sh and tit:'ildli fe, 11'anilr use the area to be gfll cted by the
proposed sit .mc iviSioil?
White-tailed deer frequent this and all adjoining areas despite the
residential development, as is common in many developed areas on the
outskirts of Kalispell. Pheasants are also prevalent within the proposed
development. No other major species are suspected to frequently utilize
the proposed development area.
B. Loeatc on a col__i } of the prelim i naiy pha am F known impor"tai it ,i t °i l IYi areas, such cf s
big gwme winter 1'atilge, watcrf6i / nesting areas, h4ibitat for• rate "iml endai 4ger ed
pcc i es and wetlands..
No important wildlife areas, such as big game wintering range, waterfowl
nesting areas, or habitat for rare and endangered species are located
within the proposed development.
C' Desc'ribe 'my pr-o��c. sed m(--yasur es to �?rotec�t wildlifc habitat orT to mininii c� �r����ir��t
1�,�,'r •c�cl�� ti crr�.
The area within and around the broad Swale of Spring Creek, presents
the most viable wildlife habitat areas. This area is less suitable for
development, will be designated as common area green space, and is
intended to be preserved in its natural state with only such low -impact
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 3
improvements as may be necessary to allow it to be used by residents of
the development (i.e., walking path, picnic tables, benches, ect.)
V. AGRICULTURE AND TIMBER PRODUCTION:
Staff :' thc-i ciC'rea` e tlrPC- �M t ' 'tc' Alt r'Ct chis ifiecitioJis ol's-od5 On the site.
The majority of soils located within the proposed development are
varying depths of organic topsoil underlain by sandy loam. These soils
are suitable for agricultural purposes.
R. Stwe Ike histon.. gj'i•odtic t-ion ol'this site b-v crop hype awl vie&4
The proposed development has been used for agricultural and
residential dwelling purposes in the past. one established residential
dwelling is located within the proposed development and will be removed .
before construction.
C. Stwe the historical current a��'ic����t���•a� ��s���s �� �tic��i ��cI��t�t� ac��►�Cent �o the site.
Historical agricultural uses of the properties adjacent to the proposed
development include grazing and crop use. All present adjacent uses
are residential and agricultural. Two other approved subdivisions are
located adjacent to this property and this property represents residential
infill.
D. E�vlain piny steps which will be taken to 4ivoi6i or 11m t �Ievelop ent c oitflic is ivith
c4accw ugric ult-ural uscs.
The development is not anticipated to create any conflicts with adjacent
agricultural uses.
E. kthesitc is timbered, stale anY timber managemetrt t*e('110117 -efulations �-vhie r Inay have
he e,;i : uggrcsted Or imp1cntcfwed by the C. ..D.. . Division of 'Forest v ill the of this
The proposed development Site is not timbered.
VI. HISTORICAL, ARCHAEOLOGICAL OR CULTURAL FEATURES:
:'l tC'` 011 d C' 3[)Y 010hep-E t t c .. cit � .� � c ;s. i ley l r'st � •i t• 1I c r�lc � is c:
j
e sitc
or ctikitretisites which t-�visi on or nem
There are no known historical, archaeological or cultural features on or
near the site.
emy knovvtz or possible sitc-:� c:lehfleated on the prelimin(iry viw.
N/A
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 4
C . DL7scL rlbc 41?i 1� �.}i.£sYi�res L��1�.iG1 o-1/1 be taken to ��i�l�fte i '�U 1i siteso L./L ����ertic,, ,
N/A
r iTGt
V1I. SEWAGE TREATMENT:
A. Where int:lh4 ua se�va,ce treatrnerrt :,systems care pTol3osed for each parcyzl:
NIA. The development is proposed to be annexed to the City of Kalispell
and sewage treatment is anticipated to be provided by the city's sewage
treatment system.
hrdicatc the distance to the nearestpublic or eor nanny selvage tr•eatnrent
'51 qS tern.
I . Pro vr� e as attachments
41. Two (2 copies of the plat which short, the proposed ..suitable location on
c�crc�h lc�t.or a [rrbszu�aee tr•eatrrrert .strsrtern crrd et 10011,o replacementarea
f6r the subsu�free treatment system. Show the location o f iiex ghborin
o,ells and subssur face treatment systems and the distances to each_
1. The results oj percolation tests pea lbrmed in representative areas f on
draiq f fields inaccordance cor-danc e with the most recent DEQ Bulletin. Each
percolation test shall be keyed by a member on a copy of the plat ivith the
InOr ration and results prowled in the report. The nu nber off.,
prelirnincrg pc'r'colation tests required shall be ones f our•tIr 1:4) qftare
total number of 'proposed lots and these tests shall be petJor•Med ill the
difjer•ent ,sail types, or evenly spaced throughout the subdivision in the
(lbsenc}� of soil variability,
c. A detailed soils deseripttort for the area shall he obtained ,ti-oal test holes
at least seven (7)ftet in depth. The number of 'test holes ��.�ill depend
upon the varieibzlity of the soils. The U.S. Department o f `Agr?ic•tdtw-e ;s
[Soils Spteiii " .shall be rice its the descriptions,
In I
Prination on the internal and sr.cr.-,f�icrye drainagxe c harac ic:7r'stic's shall be
included. Each test hole shall be k �:7jvd n-'v a number on a co j. y q f tht:7
Plat ivilh the r?r the rei)or•t.
,1. A description cal tl�c� fr�ll����srrr,� ��lr�f+.�rc��rt c'r�rr�irtrc�ir�s:
Depth to groundivater (it time of ;veer �l�hert Water lable is neare.�t
the sue fitce and how this igl;)rtrration was obtained.
.' 1[iWn�lum c etith to bedroc.� � or other irnpcyr•��rolis rrrcrtc�f�icrt, crrr�l
1910ftChL..} ift/0 ilfc4f GL F1 wasf.)Na'm,
ENVIROMENTAL. ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 5
F_)r C propo: ecI public or C`omintm y ,�eiv- age t�'`�'atment .yst�'?`n:
The proposed development is proposed for annexation to the city of
Kalispell. Upon construction, sewage treatment and disposal will be
provided by extensions to the existing City of Kalispell system.
. w: 'wnate the average manher. of ',,:rall��r�s' ���s���'c�€��� �C'r1�'�' led per d�r� b�' the
t -
srrbdi vr'siorr when
fidly (Ievel)pcd.
Sewage flows, upon full -development, are estimated at 9,000
gallons per day. The formula for this flow estimate is three
residents per dwelling at 100 gallons per day per resident.
. 1r(:7re car � -istirrb s •stern s be used:
r. Iertit st��rter�rtand �.�e-��,.lrr oti c�et�.. �•yt:s{1�.�y- its
operation and maintevancv.
City of Kalispell public works department currently provides
operation and maintenance services for the municipal
sewer system.
b. Indicate the system 's capacity to handle a d tional rye and its distance
ftom the aevelopinerrt.
The existing system has the capacity to accommodate the
anticipated increased flows.
C. Provide evidewce that permission to connect has been granted.
Capacity and ability to serve the development with sewage
treatment services has been confirmed, via a telephone
conversation, with the City of Kalispell Public Works
Departments
3Where a nevi, system is Pr Oposed.
New sewer main extension will be provided.
r .Attach a eopy q f th e plat showing the location q6,d l collection lines and
the location and ident fi('Vfiorr of the basic c'orrrporients o f the tr eatrrrc.,rr1
system.
See the preliminary plat for the location of sewer collection
lines and system components.
1. It'subsurf ixe tr•eaunent o(the c ffl rent is pr•opnsc,d, (x'A,c7 the results t It c7
pi,eliminaty analvsIs and!-�ercolezfion tests in tiu., area
1he treallm-771
n 1, F 4' e • ff
NIA
1�Cie 41 fli��i'3'' ���? ff�'I i f � �� c. �tr�f� � � �
if.� f} } .t'1 I T r> !lS[Yi/r!+ 1FTi fi7fY t nrrr
C�'..]L.
NIA
ENVIRGMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 6
Depth to groa vi,-Jwater at tinte of ,year i.cherr water table rS
Me .srcrfcrce and how this iiifi)rmatiori was ohlahwd.
f?) il-lhrimum depth to hedrock or other r`mpei-vious inaterial= and
how tlrisY it#ormation WUS obtallie .
J Irr&CWC Who l gill e(11~ the co Sts o1'i11Stal[crtiort alld ='070 will Own,
operate w7d maintain the sys- rem. . 1so., indicate the anticipated elate of
com letzo)'L
The developer will bear the design and installation costs
associated with the sewer improvements for the proposed
development. All improvements will be constructed in
accordance with City standards and upon completion, the
improvements will be granted to the city of Kalispell with
appropriate easements.
VHI. WATER SUPPLY:
A. If7here an individual water supply system is proposed.for each parcel_•
NIA
Y'individually drilled wells are to be used., provide evidence as to adequate
quantlht and qualio� of the water supp�y.
11
�fai�y other f7iethod (�f individual water nipply is to be rased:
�1. Eyplain whi1 the alternatcfi )M 01'11'WC—T SUII is proposcd instead q1'
drilled it -ells.
b. Identcfi.� the sow,ce ofwater srcppiv afid provide evidetwe that it is off.
sgfficierrt qawitrty and quality to servc the �Ievelopment,
Attach �o ) copies of the plat sholl'ir1t� t �} ��ro�osc��l loc}�rtio�r ���ecu / sprirrg,
well, c{stei-n. or wher Water Source and imlict-ite the distance to existing or
proposed sei.va e trc atmcnt sl'steats.
r
TI .rer e �tpublie or corrrrrrtcr itv waler .syslem r.s proposed.,
Water supply will be provided by City of Kalispell, following
annexation.
i E� Stlnlate the mtmber oi" Yullo?is pe)- da-v required by the, development �incluclin
Peak flows are estimated at 100,000 gallons per week during
summer months, with a maximum of 1250 sq. ft. of lawn per lot
being irrigated.
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 7
.� ,.Li'] [� re /y t7 Y. C r f ! ( C- / -/ 7 . f # be
I-'Y used:
C t /
The existing City of Kalispell municipal water system will provide
water service for the proposed development, as shown on the
preliminary plat; following annexation.
cll Identl ' the si.,stem acid the pc'rsoi1, firm or agetiev 1'espoi7sible 10' r its.
City of Kalispell public works department currently provides
operation and maintenance services for its municipal water
system.
b. 111d cto the 'sy tent '. Capacity to handle additioiial use and its distance
ftom the development.
Kalispell's existing system has the capacity to
accommodate the anticipated increased flows. The
existing- water system has a connection point within 1 1000
feet south and west of the proposed development.
C. Provide evidence thatpermission to cow7ect has been granter-1
Capacity and ability to serve the development has been
confirmed, via a telephone conversation, with the City of
Kalispell Public works department.
3. Where a new systern is to be used:
New water main extensions will be provided to accommodate the
proposed development, as shown on the preliminary plat;
following annexation.
ct. Provide evidevice that the -ii,4-der suppa is adequate hi quantity, qwdiry
wid depetzda brlh ,�)).
City of Kalispell Public works Department has indicated it
has adequate quantity, quality and dependability for the
additional flows.
b. Itidic atc who ivill bc,�ar- the cyoust's of itistallcttion, when it will be c:ompleted
and who will own, opemtc} and maintain the system.
The developer will bear the design and installation costs
associated with the water improvements for the proposed
development. All improvements will be constructed in
accordance with City standards and upon completion, the
improvements will be granted to the City of Kalispell with
appropriate easements.
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDtvtSION Page 8
c. _ tt� G' a � � showing it� p �opc�z�ed lo��c�tic��� c��^t�t�� 1�v�ttc�r-
'101 'Ce and all d i stribl a '('n lines.
Proposed new water line extensions are shown on the
preliminary plat.
IX SOLID WASTE
A. Desarie t1rJ-oposemethod Cf'c)i}tint atl cliSposir11fsoliclaste."or t13
development.
Solid waste will be collected at each residence by a private hauler,
Evergreen Disposal pursuant to MCA Section 7-2-4736.
H. �t'ce;utral collection areas are pro ose(I �iArlin the sttbdiv stun, Show thcc it location on a
copy qf the pr el'itnr'nary plat.
C. Y_'Use of 'an C'�xisting Collection system or disposal fticility is proposed., indie etc, th flame
and location of 'rhe zelliry.
Solid waste will be hauled to the Flathead county Landfill site.
X. DRAINAGE:
A. Streets aiul Roads:
DeserFibe any proposed mcasuresjbr Xspo. ing of stor rtLn-q#' fi-om streets- and
Run-off will be collected by roadside curbs, gutters, ditches,
subsurface piping, and discharged to Spring creek (once
applicable permits are acquired).
IMi -',ate the tiTe of road sTur.fiic' proposed.
All proposed road surfaces will be paved.
3- Dc-, sc ril�c, Ti_j, pro c s�:Fc c.ilit c :. �Y sTtrec z or' cl�• xin c� crossing;. , culverts.
No stream or drainage crossings exist or are planned on the
development site, except for a single culvert which allows a
primitive road crossing Spring creek. Vehicular traffic will not be
permitted to use this crossing. The developer is considering
replacing this culvert with a foot bridge for access to the east side
of the common area.
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 9
DeSC'ribe boll, sllrft�c e ran —cal wil"i be drained or Juinneled it -on lots or con"Imoa
area '.
Surface run-off from lots will be drained by contoured landscaping.
. rc'i wf i �� rrr r-url--od , l ill b, e c 1-airred Or c::�rannel�:� •orrt lots a c r�rrrrrr or7.
of 4C!tLS.
Storm run-off from lots will be drained by contoured landscaping.
3. l.kscribe alit. proposed ,vedimentation and erosion controls to he Will ed both
during, and eifter, construction.
Sediment control barriers will be utilized during construction to
prevent water degradation. Following construction revegetation
practices will be incorporated to prevent water degradation.
4. �4ttach a eopv of the plat showing low drainage on lots, road and otlie3• areas
will be handled (Include,51Aes and dimensions ooj'ditc hes, c elvers, etc.
Storm water facilities will be designed in accordance with Montana
Department of Environmental Quality standards to properly
channel all storm and surface run-off from lots.
X1. ROADS
A. Estirnate hole wtic h dally traffic the developnient, u.,he filly developed, will generate
ort existin, car' proposed r roadsproviding,c�ryc�ss t tlr c lr ent.
The subdivision, when fully developed, will generate approximately ago
additional vehicle trips per day (30 units x 10 trips per day per unit).
i. Discuss the capability of existin1� and proposed roads to sglq 4y ac�coni' odate
this increased tr•rxffic (e.g', Conditions of thc� road, suifiwe and r»i ht--qf`w(1V
widths, current traf ws, etc.).
An approach permit will be acquired from MDOT, with the
appropriate improvements providing access to Three Mile Drive.
?. Describe any it crvassccl rrialnrejldncc' problems clad costs that will be ���r�.s�.r�l by
this iner eased in volume.
All main roads immediately surrounding the proposed
development are City- and State-owned and maintained, and the
proposed subdivision will not greatly increase maintenance
problems and costs.
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION page 10
. � ill c ., h!-} c�OS O f i nstalling and III(- t11faining dedicated ated ��nd!,01-private
ate
All costs for design, construction and future maintenance of interior
development roads will be borne by the developer and homeowners
association. Costs for design and construction of the main access road
will be borne by the developer and maintenance will be provided by City
of Kalispell following construction and acceptance.
C_ De,wri e the :soil c arac;terl' (c�:s. on site, (is thei ��elo, � to �•�c� allcl building
c orsction and measures taken o control erosion, _cc7s,hi uand Cuts as
result qfproposed construction.
Soil conditions are not foreseen to present any problems during
construction. The roadway and building areas will be designed to
conform to existing building and construction criteria.
D. Explain wh-v access was not, provided by means q.1"a road within the ,subdivision if'
access to all *V of the individual lots is dijvct�yj`rom ci: y, counhh, State or Federal road
o f 'igh vvaj}.s.
No lots will have direct access to City, County, State, or Federal roads or
highways.
E. Is vear -found access ley conventional automobile over legal rights -cal -way available to
thsttbdfiyision anti to all lots anti common fticil'ties within the �subdil"ions �
Year-round access by conventional automobiles over legal rights -of -way
will be available to all lots within the subdivision.
F. Idcnt� ft the owners ot'any private property over which access to the subdivision will be
N/A
XIS. EMERGENCY SERVICES
A. Oesc°Jflbe the ec rgencjy ;,services c vallable to the qfthe proposed subdivisioI7
includbig they mimbet qfpersor non and number ol'i,chicks andlor n, e ��'W—fcdities /61-1-
Emergency services are available for the proposed subdivision.
Fire I'll-olectiot?
Is the proj:�osed subtlivis'on in an urban r ritral.tire disir'ci'� !Tnoi, w'/1
one lvllorined or extended?
Fire protection will be provided by the City of Kalispell Fire
Department, following annexation.
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 1 '�
In absence o f -a fire d ' s�tt4� r,t, 1 t jua �2 re protect i(m procedt t res cii-e
Planned?
NIA
Indicate the y?el size and location of any jjroj7osc d recha ge, fix-d1ties.
NIA
c . 11,'fire 1�yd -ants are proposed., 172dicate water pressure �-.uwp bil ties and
the locations s of h-vdra its.
Fire hydrants will be installed in accordance with a plan
approved by the Kalispell Fire Department.
?. Police .P- rotection.
Police protection will be provided by the Kalispell Police
Department, following annexation.
3. Ani ulanceService" and Medical Service.
Ambulance and medical service is available in Kalispell. The
present personnel and facilities for emergency services are
adequate to serve the needs of the proposed development.
�. C cin they need of the pr-oposed subdh isrion. f af• each o f the above scan ric e,'s be met by
present personnel an(l'1ac:ilih e s ?
The proposed development is not anticipated to greatly impact the
emergency services stated above. The emergency service agencies
were not contacted during the preparation of this report.
1. �fnot, what additional expetise ivould be lle( SYat-y to Make these xsm/kesr
NIA
17 .1 / ���Irct:s�r �'��c'�7se would 1h ��� eesr�yar �Inprovemel11S bC 117a6k'
..
NIA
XIII. SCHOOLS:
?Sc �i l�c� the :yc cyc ti � fiicilities � i .'f y ji l� ��c� � ck , ' i vi r t � � � =ilitic�� ,
sc/lool pef-Somlel, bus routes (177d caj)abrlilies' etc, �.
The schools which will serve the development will be those of School
District No. 1, West Valley for grades K — 8, and Glacier High School
District for grades 9 - 12.
ENVIRGMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 12
Es-tirttattl_r !-lie nu?'nber of School childrell that fill be added by th,r pr()po:se subd1vi:�,i( .
and how 117ev wiflaf
The subdivision may add approximately 60 school students (30 dwellings
x 2 children/dwelling) to the existing school system. The increase in
school children will not greatly impact existing school facilities.
IV. ECONOMIC BENEFITS:
_;cvic7the c)s.tsssn€}ne1titxnc range c assessed vr1r
qfall h-ind and structures.
The estimated value of the undeveloped property is $675,000.00. An
estimate of current taxes on the undeveloped property is $11450.00.
.B. Pt-ovrde the anticipated assessment classification c ation and range of the total assessed
valuation, of ull structures (at '15% and ���� cat}c���cr����y - c�l��Fc� � ���� �s�i ����� ���u�� r��`
said oecupanc ).
It is difficult to determine an estimate of taxes following 25% and 30%
occupancy for numerous reasons, but annual taxes from the property
and improvements could be as much as $130,000.00.
C. Provide antie. aced revenue increases, per unit' ftom � ater, sewer and solid �� rite fees.
The anticipated revenue increase from water and sewer fees per lot is
approximately $1,278 for sewer hook-up, and $2,746 for water hookup.
Estimated monthly fees are $22.25 per lot for water fees, $18.00 per lot
for sewer fees. solid waste fees will be collected and retained by
Evergreen Disposal for minimum of five years fallowing annexation.
XV. LAND USE:
19escribe the existing historical use Qftheslle,
The present and historical use of this site has primarily been for
residential and agricultural uses.
1 . DeSO,Ibe a17-V C€3ttlpl*kyh n szve plan r c;e= .)mmc ndalions and otli 'r land use reaulatl (M.4 W'd W the 1.'Jte. Is Zonhlg ivoposed. flocated near tin incotportitt'�d Jiv or
[�}
proposed?
The property is adjacent to two other subdivisions recently annexed into
the city of Kalispell. one is located west of the proposed subdivision,
and -one south. Annexation is proposed.
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 13
-,sc iibe the jwvsent rrsc. s cif lands ac�/(Icelll to (')r near the 1.7rol3osed do velopm-ent.
Describe hour.• the subdii-.-i ion will gftt cat ac}eess to an-v adjoininr-y land and., car �t'h l
measures are proposed to provide ac'c
The prevailing land use near the development is single-family residential.
The proposed subdivision will not affect access to any adjoining land.
The existing and proposed easements will be improved to current
standards.
D. Descr•ibc the basis o0he need 16�" the s�rbdlvisior�. Hoi�.•much developrnerrt ql``a Shr1lhir
roc: rure is), or is not, available in the aa-�a.
Development of the property for single-family residential use represents
"inf II" development between areas which are already approved for such
development.
E. Describe any health or scrfi?tv hazards on or near- thesubdivision (mininor actrvrly, high
voltage lures, gas lines. al rtcnitural artdjarnr aeth"itres, etc) Any Stich conditions
should be accurate1v described arrd their oriioin and location idf_�n4fle 1.
There are no health or safety hazards on or near the proposed
subdivision.
F. Describe any on -.site uses cyreathg a nuisance (Unpleasant oclor, uints al noises, d st,
srrroA-e, etc.). AnY such conclitrorrs should be accurately described and their origin and
location idcntiji'ed.
No on -site or nearby uses constitute a public nuisance.
XVI. PARKS AND RECREATION FACILITIES:
A. Describe park and r ecreation.fixthties to be provided ivithin the proposed subdivision
ellsd other r•ecreational.cilit'es which will smv the subdivision.
The area to the east of Spring creek will be reserved for a common area;
preserved for the most part in its natural state, with walking paths, picnic
tables, and benches.
1. 1,11yt other par k,S and recreation fiwil'Ities orsites in the are4i and their approximate
distance ft orrl the sae.
No other parks or recreation facilities are located in the immediate
vicinity of the proposed development.
'. i c�cr�. h--ire-lieu o��i.�vtrl�:l�: nd I r�rc���o:�c�cl� .� tale the purchase pric',e per ac.,re or• eurrr ew.
mar et value (iwlucs stated must be no more than 1.2 inonth old),
Cash -in -lieu of parkland is not proposed.
ENVIRaMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 14
EVIL UTILITIES:
flicate the, tdilit�; c0u'l Involved in providin,c)- clectrical power. m-ituralq, -is, or
j i_..
l 'r�' ! ?) 7 7 >'E.'1' ICE' l3 LY L �' C' tl � �' �' 1GE�''L ILA �?��'r(), ���l�n� P
The power company responsible for this area is Flathead Electric
Cooperative. The phone company will be CenturyTel. Natural gas will be
provided by Northwestern Enemy. Also, cable television, if available, will
be provided by Bresnan.
R �-f��: x � 3� been Submitted try 41 ��?��1���:� 111i11tie"� fi)r ������iew"
The preliminary plat has not yet been submitted to any of the above -
mentioned utility companies. Coordination of installation of these utilities
will occur during the construction phase of the project.
The completion date/final plat recordation, will depend on the approval
date and other issues, but it is anticipated to be before the end of 2007.
ENVIRGMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Rage 15
Cottage Gardens subdivision proposal Page I of I
Sean Conrad
From: Deleray, Mark [MDeleraymt.gov]
Sent: Thursday, February 22, 2007 1:26 PM
To: Sean Conrad (E-mail)
Subject: Cottage Gardens subdivision proposal
Sean,
I would like to provide these comments from Montana Fish Wildlife and Parks on the proposed subdivision named
Cottage Gardens. This is a high -density development along a spring creek on Three Mile Drive. My comments
are in regard to concern over maintaining high water quality in the adjacent spring creek and downstream waters.
Fish Wildlife and Parks recommends 100 foot building setbacks with the first 50 feet in a riparian buffer comprised
of native vegetation with minimal maintenance, which excludes managed lawns, on smaller streams like Spring
Creek. These setbacks and buffers provide filtration of upland pollutants protecting water quality and stream and
riparian habitats. It appears there are proposed setbacks of 80 to 100 feet. I recommend these be widened to
100 foot and include the riparian buffer as described above. Thank you for the opportunity to provide input.
Please contact me if I can provide information.
Mark Deleray
Fisheries Biologist
Montana Fish Wildlife and Parks
490 North Meridian Rd.
Kalispell, MT 59901
(405) 751-4543
mdeleray@mt.gov
/711f1f17
Cottage Gardens Subdivision
Plan for Maintenance of Common Areas
and Other Landscaped and Improved Areas
Common Area In and Arend Flood Plain
Cottage Gardens Subdivision is an R-3 Zoning residential housing development'
with substantial open space. A portion of the open space is located in a riparian strip
within a I oo-year flood plain along the stream which traverses the northeast corner of the
property, as well as areas outside the flood plain on the Northeast and Southwest sides of
the stream. The preliminary plat designates approximately 3.49 acres as open space
common area.
The applicant proposes to maintain the common area both within and outside the
flood plain as a natural, open space zone, to maintain riparian habitat along the stream.
This is intended to benefit wildlife which use the area and maintain water duality in the
stream.
If any areas within the designated open space Zones are disturbed by construction
activities or are otherwise in need of additional vegetation for aesthetic purposes, they
will be planted with native grasses, trees and shrubs. No construction of any sort is
planned within the 104r-year flood plain — should construction be necessary within the
flood plain orwithin the steam, applications will be made for the appropriate permits.
Noxious weeds will be controlled with approved control methods such as mowing and
spraying. The applicant proposes a lightly maintained walking trail to .and from the
common area on the northeast side of the stream, so as to link the area with the housing
portion of the development.
The applicant does not propose to develop the common area as a park or
playground. However, benches and picnic tables may be installed within the area on the
northeast side of the stream. The area will be kept free of litter and grassy areas along
trails and within the vicinity of picnic tables and benches will be plowed periodically by a
private contractor selected and hired by the homeowners' association. No use of city
services will be necessary for maintenance of any of the common areas.
Other Common Areas
Maintenance of other common areas within Cottage Gardens, as defined in the
Declaration of Covenants, Conditions and Restrictions of Cottage Gardens, including
vegetation, roads, driveways, walkways and other paved areas, and all other
improvements within the designated common areas of the plat, will be undertaken by a
private contractor hired and paid by the homeowners' association.
Boulevards, Path and other Landscaped Area alon Three Mlle Drive
Maintenance of boulevards along city streets within Cottage Gardens, as well as
the bike paths and a landscaped area along Three Mile Drive running in an east -west
direction, shall be maintained and kept in good repair by the homeowners' association.
N
APPEX 1, LLC/HILZAC CORPORATION
REQUEST FOR INITIAL ZONING OF R-3, UPON ANNEXATION
STAFF REPORT #HA-07-4
REQUEST FOR COTTAGE GARDENS ►SUB DWI►SIO N
STAFF REPORT #HPP-07-4
RALISPELL PLANNING DEPARTMENT
MARCH 5, 2007
A report to the Kalispell City Planning 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 13th be ' ` g at 7:00 PM, to consider
appropriate zoning for the property to be annexed and the subdivision request. The
planning board will forward a recommendation to the Kalispell City Council for
consideration.
BACKGROUND INFORMATION
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 rioted concerns from the
Fire Department and Public Works Department regarding the road designs as well as
pl g stars 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 board at their December 12,
2006 meeting. The planrlir g 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 recomnzen.dation and
a set of conditions at the end of the report beginning on page 13.
A. Petitioner / Owner: Appex 1, L.L.C., Dorman C. Sanderson
10 East Roanoke Street #8
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 Fancily Residential, on approximately 10.75 acres. The property is
located west of Kalispell on the north side of Three Mile Drive 1/2 mile west of
Stillwater Road and approximately 1/4 rrlile east of the BPA power lines. This
property is in the county zoning jurisdiction and is zoned AG-84, an Agricultural
zoning district that has a um 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
. " um lot size of 7,000 square feet and a a nm* n* num lot width of 60 feet.
The proposed subdivision has been redesigned and now proposes 30 lots instead
of the previous submittal of 46 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 floodplain. A small internal island of 7 lots has proposed roadways
on both the east and crest 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-foot 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.
Approxi nately 3.5 acres of common area is located in the northeast corner of the
project site. The common area includes a flood.plain 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 35%.
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 1/2 mile 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 1 AC 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. E2dsting Land Use and Zonings 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 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 exation 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, preliminary plat approvals and the extension of municipal
water and sewer down Three Mile Drive past this site, the area is now considered
a transitioning urban area. To the immediate wrest, 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 wVo zoning
South: Spring Creek Estates Subdivision, R-3 city zoning
East: Rural residential, County AG-80 WO 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 school)
# 5, Kalispell (High school)
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
I. EVALUATION BASED ON STATUTORY CRITERIA
& 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
itemized criteria described by 76-2-304, M.C.A. and Section 27.30.020, Kalispell
Zoning Ordinance.
1. Does the requested zone com 1 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 grater
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 minimum lot
size requirement of 7,000 square feet with an overall gross density of the
proposed subdivision. at 2.8 dweg units per acre. This density is based on the
inclusion of a 3. Sf 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 reguested zone designed to lessen con estion. 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 will be 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 safety from fire, panic, 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
seater service is available to the area and will be extended as part of the
development of this property.
4. will the requested zone promote 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.
Will the re uested zonepro-vide for ade uatc li h t and air?
V
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell zoning ordinance to insure adequate light and air
is provided.
6. will the -requested zone revent the overcrowdm of land
This area is designated as being within the Kalispell Potential Utility service
Boundary in the Kalispell Growth Polley and is anticipated for urban residential
development. Now 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 re uested zone facilitate the ade uate rovision of transportation-, water,
sewerage-, schools arks and other ublic requirements?
All public services and facilities are currently available or care 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 reguested zone 've consideration to the particular suitability of the
property forparticular
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 this
property for the permitted 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 reguested 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 serer. The 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 sinfl.ar 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 pLoposed zone conserve the value of buildings?
The development anticipated under the proposed zoning is more intensive than
the land uses currently surrounding the project site. City standards will insure
that there is high quality development 'which will insure the value of buildings and
homes is protected, maintained and conserved. Value of the buildings in the area
will be conserved because the zoning will promote compatible and like uses on
this property as are found on other properties in the area.
12. will the reguested zone encoura e the most a ro riate use of the land
throng out the municipality?
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 MMINGS OF FACT FOR THE PRELIMINARY 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:
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 lour
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 taking place prior to
adequate fire access to the site being developed.
Flooding: There is a mapped 100 -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
meeting 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-Moot boulevards. The
internal roadway system is also designed to be extended north serving Tract
1 BFA/ Parcel B of Certificate of Survey # 17120 and ultimately connect to the
internal road system of Mountain Vista to the wrest.
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 Mir =* UM of two-thirds of the necessary infrastructure (water,
sewer, roads, etc.) prior to filing the final plat. The city staff recommends this
condition on each plat because staff would like to insure that prior to issuing a
building permit on a new lot, there is access which meets the fire departments
nummum 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 crater 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 um 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 lower 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 and a-oundwater: This subdivision. -Mill be servcd 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 grater quality in Spring Creek and
downstream. waters.
Chapter 7, The Natural Environment, of the Ralisp e11 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.
Goad 2
DEVELOPMENT NEAR ENVIRONMENTALLY SENSITIVE AREAS SHOULD BE
ACCOMPLISHED SO THAT THESE FEATURES ARE LEFT IN A RELATIVELY
UNDISTURBED STATE.
Goal 5
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 1 oo--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
�j'
ground water level increases so that along the western boundary of the
subdivision the depth to ground water 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 west 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 Local Services:
Water: Water service to the subdivision would be provided by the City of
Kalispell and extended from a water man that is being installed within the R/ 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 within the city's water system to accommodate this development.
Sewer: Seger service 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 3--feet. Are
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 F 0 -foot right-of-way easement for Tract IA
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 Drive. The approach pen -nit 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
m i n u mum 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
J open space requirements for major subdivisions in the amount of 11 ado 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
1I2 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 0.87 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
Figure 2: Looking east at the proposed 13ark land site.
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 hark area is outside the 100-year
floodplain 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 improvements
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 10-foot
wide walking path easement shown between lots 6 and 7 on the preliminary
plat. During the city's site review committee meeting the committee
recommended that the 10-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
landse-ape buffer developers have had to pro- .de a tree planting plan along with
seeding portions of the buffer in conjunction with the bike path installation.
11
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 Tliree 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: solid waste will be handled by a private contractor for at least. the
first S 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
Creek 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 water system.
F. Relation to the spell Growth Policy: This property is in the Kalispell
Growth Policy's potential utility service area and is anticipated for this type of
urban scale development at the time of connection to City utilities. The future
land use map for the area indicates this area is anticipated to be developed as
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 2.8 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 8,200 square feet. As discussed
in 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 i_n?um
requirements prior to final l plat approval.
H. Compliance with the KaUs pe ll Sub division. Regulations: 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 seeks 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 based 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
.vide easement cannot acconunodate a 20-foot wide lire access road, drainage,
pedestrian access as well as convenient overflow or visitor parking.
13
2. The conditions on 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 -moray. 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 good job by keeping the creek and adjacent floodplain 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 limited 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 tape over the maintenance, it
becomes problematic to maintain and possibly upgrade a 20-Moot 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 lots 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 mip"m_um 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 on the
preliminary plat, will bring the lots below the urn required lot area in the
R- 3 zoning district.
RECOATIDNS
I. Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report IAA-07-4 and recommend that initial zoning of
the 10.75 acre site be R-3 on the zoning district map for the property.
Ii . Staff recommends that the Kalispell city Planning Board and zoning
Commission adopt staff report KPP--07-4 as f"mdin.gs 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 APPROVAL
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 pla :
3. New infrastructure required to serve the subdivision shall be designed and
constructed m' accordancewith the City of Kalispell's Standards for Design and.
15
Construction and Montana Public Works Standards; and shall be certified in
writing by an engineer licensed i.n 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 KalispeU 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) .
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)
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 i n writing by the Fire Department: (Kalispell Subdivision
Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per
City specifications at approved locations. Minimum fire flows shall be in
accordance with International Fire Code 12003) 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 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 "paTk 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 minimum 2 o W-foot landscape buffer zone shall be established as shown
on the preliminary plat. The 20-foot buffer zone shad 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, Parrs 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 common area shall be incorporated within the
larger common area of the subdivision and not on individual lots. (Findings of
Fact, Section D, Parks and Open 'Space)
15. 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)
1 b. The folio -wing 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 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)
19. A. detailed floodplain study shall be completed and accepted by FEMA
dete_rm�nfrig 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 nearly 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 floodplain.
(Findings of Fact, section A, Flooding)
20. 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)
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, firm or corporation, whether public or private,
providing or offering to provide telephone, telegraph, electric pourer, gas, cable
television, water or sewer service to the public, the right to the joint use of an
casement 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))
?3. A horncQvvners association for the subdivision shall be caseated 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 going conditions:
24. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section. 3.17)
25. All areas disturbed during development shall be re --vegetated with a geed -free
a=ediately after development.
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APPEX 1, LLCLNORMAN SANDERSON
COTTAGE GARllENS SUBDIVISION
A 30 LOT SINGLE FAMILY SUBDIVISION & ANNEX,ATION
& INITIAL ZONING OF R-3 (URBAN SINGLE ]FAMILY
RESIDENTIAL) ON APPROX. 10.8 ACRES
PIDT DATE 2/6/07
ff:\gis\:site\ka07—O4.dwg
FILE# KA-07-04 & KPP-07-04
PER C.O.S- # 17120 IV2S`J' OU 5t1 t
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_-_ THREE MILE DRIVE
NOTE;
COMMON AREA IS EXEMPT FRC
QUALITY REVIEW PURSUANT TO SEC:
HAS NO EXISTING FACILITIES FOR W�
DISPOSAL OR SOLID WAS FTC DISPOSE
a..�... ..r PREVIOUSLY APPROVED BY THE REV
T�AGT 4C ! REMAINDER OF PARCEL A CRAFTER 4, PART 1 M.C.A.
.�•� ""'°"L"� "'°""'�"" PER C.O.S. 9 15941
ENVIRONMENTAL ASSESSMENT
PER CITY OF KALISPELL SUBDIVISION REGULATIONS
For
COTTAGE GARDENS SUBDIVISION
For
Norman C. Sanderson
Appex 1, L.L.C.
10 East Roanoke Street ##8
Seattle, WA 98102
Prepared By:
7
00, 0-
7 7
Aryan K. ong, P.E.
000�Long Engineering, P.C.
347 West Idaho 1 P.O. Box 7997
Kalispell, MT 59904
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 1
I. GEOLOGY:
.4. Locate on a copil" o f the PI-eliminal-tt` plat:
'. .-1 7-11• kvOwn halz Ards c $ °sir thc., plc-°vc}lopnient which cotdcl reyidt in properl v
Jamage or personal iqjurv-- due to:
a. Fulls. slicic)�s or slumps -- sail, rock, mud, snow
There are no falls, slides, slumps or bedrock that could result in
property damage or personal injury. The topography of the
proposed subdivision site includes slopes with grades between
four and six percent. One broad swale exists on the property with
varying side slopes, maximum of 34%, as shown on the
preliminary plat. None of this severely sloping area will be used
for construction. Vertical elevations differ by approximately
sixteen feet across the entire site. The area is not prone to any
unusual seismic activity.
h. A17V rock outcropping.
There are no rock outcroppings existing on the property.
B. Describe t,iny proposed measures io pro rent or red uee the danger q property damage
or personal i #w.vftom any qfthese haAzw Ards.
The property does not include any known geologic hazards.
IL SURFACE WATER:
Locate can a c opv r�� the prelintir�an, plat:
Ands nattt ,af vvater systems such as 3 trearns, rivers, intermittent streams, la c s or
marshes Olso i rt&cate the names a nd sizes qfeach)
The USGS map indicates the presence of one stream (Spring creek)
within the proposed development,
. � c rti c r:c l iC�t.:: ~ ,�. stc � ��� ,5�r.c }I c: s c� � c ls, c:li ° i s, c�q��c�clr, .-.,! �, •c:T � °oir and
Wrt,t�(11'1017 SA's tellis (also I'nd cote the nc nies-, St -1 es ctn present nso�'1y of each.)
No artificial water systems are located within the proposed development.
:'. jt � areas t l c:r : t t�� lcw4l ha,41 tt� 1. { ct � rl l lc , w sc�� r� lr c.l l riot r c �s �.s,i ; l)c . t
L7vailabie ii7�.oi-malion .
Areas along Spring creek, located within the 1 oo-yr flood plain (Zone -A)
is shown on the Preliminary Plat. This area is concentrated in the broad
swale area where Spring creek crosses the property. No construction is
planned within any of theses areas.
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 2
III. VEGE'I'`.ATION:
Loc t-ire on (� copy of tlic 91'elimiruv.v plot the maY'0r'VeI0*e1W10. 1 tVvs within the
subdh'isiwr ., rlr�7rsA <rassland, shrub aiid jbrest).
1 771Existing vegetation on the site consists mainly of native, agricultural, and
crop grasses. A stand of aspen and willows exist within the proposed
development, both located in the deeper sections of the broad swale of
Spring Creek.
De&---ribe the aimount oftegetation that is to be remoivd, or c"Iewied, fivm the site, and
state the r"'easwis t6r.mc h remc vaL
Existing vegetation will be removed only where necessary to construct
roads, driveways and structures. other areas will be enhanced by
landscaping.
C. Describe aiiy proposed measures to be taken to protect velcretativc-1 cover.
Silt barriers, or other suitable control measures will be provided during
construction to protect vegetative cover. Revegetation of any areas
disturbed during construction will be completed as soon as practically
possible following construction.
IV. WMDEIFE.•
A. What major specles of.fish and i i&, czrv, use the to bW etM hry the
Proposed sir . divisimi
White-tailed deer frequent this and all adjoining areas despite the
residential development, as is common in many developed areas on the
outskirts of Kalispell. Pheasants are also prevalent within the proposed
development. No other major species are suspected to frequently utilize
the proposed development area.
1.Loccite err a copy of the r lir it r lly� rie areas, such as
hig gt-tme whiter f�c rs, �, °c. t } c� l� f estltk:; areas, hahitat_tbr• ra le ami en(lcrngered
species and weticin :�.
No important wildlife areas, such as big game wintering range, waterfowl
nesting areas, or habitat for rare and endangered species are located
within the proposed development.
C Desc ribe cmy proposed rr ensures to pr olec=t wildlife habitat or. to rmnlmi e habitat
The area within and around the broad Swale of Spring Creek, presents
the most viable wildlife habitat areas. This area is less suitable for
development, will be designated as common area green space, and is
intended to be preserved in its natural state with only such low -impact
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 3
improvements as may be necessary to allow it to be used by residents of
the development (i.e., walking path, picnic tables, benches, ect.)
V. AGRICULTURE AND TIMBER PRODUCTION:
A. Staic the acj caac,' type. and ao-ricultural class�ficatiotts of 's-oils oil tltc site.
The majority of soils located within the proposed development are
varying depths of organic topsoil underlain by sandy loam. These soils
are suitable for agricultural purposes.
State Me history oJ'prodit(-ltion o f this site b-V crop tipe anal yield
The proposed development has been used for agricultural and
residential dwelling purposes in the past. one established residential
dwelling is located within the proposed development and will be removed.
before construction.
C. Siate the historical current a
gricultural uses which occur aqiacent to the site.
Historical agricultural uses of the properties adjacent to the proposed
development include grazing and crop use. All present adjacent uses
are residential and agricultural. Two other approved subdivisions are
located adjacent to this property and this property represents residential
infill.
D. Evviain and stq)s which ivill be taken to avoid or limit c evelopmew conflicts ivith
a��jaceffl agricultural uses.
The development is not anticipated to create any conflicts with adjacent
agricultural uses.
E. ffilicsite, is timbered, .state arty` briber managelnew ret-ornmendations whit -It mtJ y have
h- cen suggested ot• impIc-wierr.ted by the � S.Q.A. Division of 'Fores=tij� in the area 01,1his
The proposed development site is not timbered.
VI. HISTORICAL, ARCHAEOLOGICAL OR CULTURAL FEATURES:
I'Me pr eliminat.y� plat anynovvn or possible his:to;•ic-t Lfft'lrc: eol�. (y c al
4)t' 4_1111[w•edsifes lrvhich 1'f on or near the site.
There are no known historical, archaeological or cultural features on or
near the site.
B. any knol-t'w Or Possible :syitcs delineatcd on the pr elirrtintu-v piai.
NIA
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 4
,tes or Properties.
C Descr-.rib(_, a-riv measures that will bt_,taken to prot(-,vt su(h si
NIA
VII. SEWAGE TREATMENT:
��rher •c. i nd i vi � ual sevvaoIt, �� tr�•earm-ent :�_ystems are proposedl, f br each pare cl:
N/A. The development is proposed to be annexed to the City of Kalispell
and sewage treatment is anticipated to be provided by the city's sewage
treatment system.
�. fndicate the distance to the rret:irest public or community saivage tr eatry ent
Pro v, de, as attachments:
cr. Two (2) copies o f the plat -which sham, the proposed suitable location on
c�acry lot fo • c sril str,•f roe tr• at tr t =�s�tc� ar cl � ){. replacelnew area
.for the subsu�fi7ce treatment system. Show the location qfneig—hborin
vvells and subsurface treatment systems and the distances to each -
The results of Percolation tests peformed in representative areas f ot.
drair�fields in actor~dancc with the inost recent DEQ Bulletin. Each
Percolation test shall be kcved box a number on a copy Qf the plat with the
in0i-rnaffon and results provided in the. report. The 77umb''r of,
prelintinmy percolation test's required shall be orze-
,four•t]r (1/) ofthe
total number qfproposed lots and these tests shall be per'16r ed in the
��i�� f �r�cnt soil t�:���e , car• el*eldjl� spaced throughout the subdivision in the
absence of`soil variability.
c. A detailed soil;s descriptr:on for the area shall be obtainedftom te,sl holes
at lust seven (7),'
�et in depth. The numbcr of `test holes wilf depend
,upon the .aria illy of the sails. The �. ' S`. Department c�f�. r{(Yr' u1t�. iv 15
: S()ils Chzss�f ication Si�stern " slrall be used in the descr•iptlol7s.
in f i)rma,tion on the internal and srrr_•firce drainage char(fc[cllis ties _Oi all be
included. Eiach test l oh_> shall e keyedby (/r numberon a c:-opi t# lrc�
plat I'vitlr the irr�or•rrtc�ti��rr p�•o��i c>�f"or- in the report.
cl_ A description of the f�)llovin(!Z phYSicY-rl C017ditioHS2
(l) Depth to �r()�l�I�.��31 vier cat times o �c�Etr �� hei7 wate#r• tc bie i �rc�c�rc�,�`r
die .sYaf`(,rce. and how this igfirrnauorr vvas° obtained.
./. i 3 1•-i f �i L�}+!['f fto bedrock or o1 is • t!fi''j e •vii/i.4s mut r ait and
�77 ivCl. V _ La ,ncC .
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 5
For a
ar•c c : ec publIC
The proposed development is proposed for annexation to the City of
Kalispell. Upon construction, sewage treatment and disposal will be
provided by extensions to the existing City of Kalispell system.
h-siltnate the averttge number of -gallons of seitvge, gener•we per &,, by the
,subd'vision when
Sewage flows, upon full -development, are estimated at 9,000
gallons per day. The formula for this flow estimate is three
residents per dwelling at 100 gallons per day per resident.
. If �te�re r cy isti 7s •ste r is be used:
�r. ldenti the system and the person, firm or aaener responsible for its
operation and maintenance.
City of Kalispell public works department currently provides
operation and maintenance services for the municipal
sewer system.
b. Indicate the syste 's capaeit v to handle additional use and its distance
ftom the de elop ent.
The existing system has the capacity to accommodate the
anticipated increased flows.
C. Provide evidence that permission to connect has, been granted.
Capacity and ability to serve the development with sewage
treatment services has been confirmed, via a telephone
conversation, with the city of Kalispell Public Works
Department.
3. Where a neii, SIVem is ropo"wd:
New sewer main extension will be provided.
(I, 4ttach a copy of the plai showing the location 06.111 collection, lines and
the location and of the basic, components of the treatmetu
s ysteln.
See the preliminary plat for the location of sewer collection
lines and system components.
1. ff,_�Yubsurcue treaty emit o0he e��e��t i�sry �a�•r��r�c�s��L, gi),c the results ofthe
prehyninaty analvsis ern lion tests in the areu of the treatment
site.
N/A
-( / T Y / jj f{ T 1 � .
1{fir! : k'f �F'�f� �r}l ,+}I _k y71 ex It'l lJ',i 11r'0- i<f k7+*:1y1
F ■,�. rvtL4lrrGrL. /rL)'�LL-E1 L.t�tGfaL�'tx,-
�..
NIA
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 6
t. , D6.,pih to groundi. wer• cat time of .dear wheit water table i
the sr tt-fiiec and ho i v tlr i s in ")rmation was obtained.
t �Vi?rimr, ni depth to bedrock or other impervious maierial, an
ow this injbr inatl.011 IIVYIS obtcrirre.
c . rr lzc c t who ivill bear the costs ofirrstallcItiorr arid who wfill own,
ope?-ate 4111d UU-11t1t6rirr the SVSteirr. A1so, indicate the anticipated date of
completioH.
The developer will bear the design and installation casts
associated with the sewer improvements for the proposed
development. All improvements will be constructed in
accordance with City standards and upon completion, the
improvements will be granted to the City of Kalispell with
appropriate easements.
VH1. WATER SUPPLY:
.A. T I'licre an individual water supply system is proposed.for each parcel.,
N/A
.1. ffindividtially drilled wells are to be used', provide evidence as to adequate
giiantih! and quality (?f the water srrj)p�i .
f `air v other method (�f individual water .suj)ply is to be used:
a. Eiplain wh'y the. alternate f r m of �ivater srg.?p4 is proposed instead o� f.
rifled ii }cells.
fdevti6., the source o f ' water stui)ph, arid provide evidetic c that it is of
suffi,c `ent gaarrtity and quality to serve the del-clopment,
Attach two (2) copt 6�y ci f y the plat s hol I -ing the proposed location cif each spring"
well, cars"tee-n, or other water source and indicate the distanee to ex- s'tiag or
Proposed :5°c'iva e treatmcnt,systerns.
i3. TV17 Jr e a public or c?ortrrr unit 11'trteF SVStCM iS pr»oposed:
Water supply will be provided by City of Kalispell, following
annexation.
Estirr ate the miniber of f-railoyis pej- da required by the, cIevclopwrrc.nt �Ineludin
_.
Peak flows are estimated at 100,000 gallons per week during
summer months, with a maximum of 1250 sq. ft. of lawn per lot
being irrigated.
ENu1ROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 7
T Zere all existing s'-Vstc'v11 is to be used:
The existing city of Kalispell municipal water system will provide
water service for the proposed development, as shown on the
preliminary plat; following annexation.
a. ldenth: the .�v�stevii wid the pc i—sonjlrm or aa cney responsible fiv its
operation ai7d t-naintenance,
City of Kalispell public works department currently provides
operation and maintenance services for its municipal water
system.
b. 111(l €yat€> the s stem S Capacity to halu'lle ad(litional use and its distance
ftom, the de'Velopment.
Kalispell's existing system has the capacity to
accommodate the anticipated increased flows. The
existing- water system has a connection point within 1 ,000
feet south and west of the proposed development.
r. Prov-ide evide ce that _permission to €}onneet has been �ar anted
Capacity and ability to serve the development has been
confirmed, via a telephone conversation, with the city of
Kalispell Public works Department.
3� Where a new sys tern is to be ttse&
New water main extensions will be provided to accommodate the
proposed development, as shown on the preliminary plat;
following annexation.
4t. Provide evidence that the iva ter :supplv-, is Ordeqr a1v in quantify, quality
and dep€'rldtihilit t�.
City of Kalispell Public Works Department has indicated it
has adequate quantity, quality and dependability for the
additional flows.
>. Indicate who Vvi/l bear the costs (-) f I rstallation., vvhen it will be comj)1eted
aml who iv-111 own, (q)er•ate and maintain the syste .
The developer will bear the design and installation costs
associated with the water improvements for the proposed
development. All improvements will be constructed in
accordance with City standards and upon completion, the
improvements will be granted to the city of Kalispell with
appropriate easements.
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 8
cC. _ ttach a copY (,)/- the plat ,�.howing the propo-see locaifon cif -the -,,,vat xr•
Proposed new water line extensions are shown on the
preliminary plat.
IX SOLID WASTE
Describe !he prop osed method ofcohlecting and disposing ol"Solid wastefi-om (lie
development.
Solid waste will be collected at each residence by a private hauler,
Evergreen Disposal pursuant to MCA Section 7-2-4736.
B, kcentral collection areas are proposed vtlthin the subdivision, :show the r locaiion on a
cope o fthe prelirrrinai-v plat.
C. 4'use o f tin existing collection sYstem ot- disposalftwility is pro ose6l, indicate thl� tiame
k
and location o t e.iacilrty.
Solid waste will be hauled to the Flathead County Landfill site.
DRAINAGE:
A. Streets an . oads:
Describe (wzy proposed mewsur (-w.tor disposing of storm r un-qff fi m streets and
rrocr41s.
Run-off will be collected by roadside curbs, gutters, ditches,
subsurface piping, and discharged to Spring Creek (once
applicable permits are acquired).
?. huh'atc the tlTe of road surfi'rce proposed.
All proposed road surfaces will be paved.
3_ WI z rNo rsc� l rl � litre: �Y str-earn or dr•ainacre crossr�rg (I e. , culverts,
No stream or drainage crossings exist or are planned on the
development site, except for a single culvert which allows a
primitive road crossing Spring Creek. Vehicular traffic will not be
permitted to use this crossing. The developer is considering
replacing this culvert with a foot bridge for access to the east side
of the common area.
t�. ofhcr-I'C(:,.
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 9
Describe hovv s u1fiiee tr`iin-of �v-ifl he draiiieCf o1 ` chfmne1ed, fiwm lofs or commwi
areas.
Surface run-off from lots will be drained by contoured landscaping.
� . Indl,ecIte 11,. 4`1"orm run-0 11,111 be drained car• channeled fi•orrt lots or common
cii sC.3d:3 .
Storm run-off from lots will be drained by contoured landscaping.
.� . 1_)es~c ri ac, arty propose sedirk' entafion aizd erosion coatrokl to bc ittil , cd bosh
during, and afier, eonstr uc}tion.
Sediment control barriers will be utilized during construction to
prevent water degradation. Following construction revegetation
practices will be incorporated to prevent water degradation.
4. Attach a copy Q f the plat shov ing how drainage on lots, road and other areas
wi/1 be liancIled ('Include sizes and dimensions oj'dit hes, culvers, etc.
Storm water facilities will be designed in accordance. with Montana
Department of Environmental Quality standards to properly
channel all storm and surface runoff from lots.
XI. ROADS
A. Estimate hoi � much daily tr�affic the develo�ine��t, �tTl�er�, f��ll�� developed, �t �ill generate
on existing or proposed roads providing access to the develqpmellrt.
The subdivision, when fully developed, will generate approximately 300
additional vehicle trips per day (30 units x 10 trips per day per unit).
i. Discuss the capabi li � qf existin'!, ' an4l propos eel roads 10 sq f iy�i) accommodette,
this increased traffic (e>,g, coad i bons re f the road, sufiice and right- o 'wav
widths, curricrrt trcrfflc. flows, ctc ),
An approach permit will be acquired from MDOT, with the
appropriate improvements providing access to Three Mile Drive.
Describe any inc:°r•c7ased waintenanc L� pi-oblems apid (-, ,its that will be caused bi;
this increase(f in volume.
All main roads immediately surrounding the proposed
development are City- and State-owned and maintained, and the
proposed subdivision will not greatly increase maintenance
problems and costs.
ENViROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 1 ❑
B, Indict've lvho the root C (install n �-tn 1 maintaining dedicated ted and,"or 1-31'11'ate
All costs for design, construction and future maintenance of interior
development roads will be borne by the developer and homeowners
association. Costs for design and construction of the main access road
will be borne by the developer and maintenance will be provided by City
of Kalispell following construction and acceptance.
C. e,�°c lbe (lie :sail on site, as the v relate to road aitcl buildM
,.,-,on,,`truction and measures to be tc.-rkew to control cal -onion 00fitches, httnk� and etas as a
WsUlr o(proposed c017. rrt1Ctt0n.
Soli conditions are not foreseen to present any problems during
construction. The roadway and building areas will be designed to
conform to existing building and construction criteria.
. Explain why access was not providcdr e €r s o I'c r I I ubdivision i f.
access to a v o0h individual lots is directlyft o city, count` .., State car .Federal r-oads
of high ways.
No lots will have direct access to City, County, State, or Federal roads or
highways.
E. is veer -round access by conventional automobile over legal rights -cal -way available to
the subdivision and to all lots anti common. ftrc.ditie - vithh7 the subdivisions?,
Year-round access by conventional automobiles over legal rights -of -way
will be available to ail lots within the subdivision.
. donut the, owii rs ofany private , roper tv over which access to the subdiv sloe ivill be
provided.
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XII. EMERGENCY SERVICES:
i es(-,ribe the epnergency senices available to the i-esidernis of the proposed subdivision
Includin the n-um.ber (#per;sonnel and number qfvchicles andlorlyPe of"Mcilitics 16- •.-
Emergency services are available for the proposed subdivision.
i. Fir(-! p rotee ions -
tL Is the in an urban or ritrall.1-7're disiricl �1.111
one be formed or extended?
Fire protection will be provided by the City of 'Kalispell Fire
Department, following annexation.
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 11
�;�. �r� cz;� �����:{� c�l"cr �i�•�� i:str�ic: t,
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z
-v. art 11v prot�7c tic procedures cr -e
.177dial te the �Vj-v, size (In d location of tiny proposed rech u-.Crc fiz er 11 tie's.
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1/'fire hYdrariis are propose. -I, inn sate water~ pressure egperbilities (In
the locations of It* r ants.
Fire hydrants will be installed in accordance with a plan
approved by the Kalispell Fire Department.
?. Malice Protection,
Police protection will be provided by the Kalispell Police
Department, fallowing annexation.
3. Ambulance service, andlkfedieal Sei-vice.
Ambulance and medical service is available in Kalispell. The
present personnel and facilities for emergency services are
adequate to serve the needs of the proposed development.
C ern the need o t e proposed subdii 4 s°iont for~ each o f 'tire above sere }iees be met b-v
F • v
pros eni personnel uwl� f aciliti es �
The proposed development is not anticipated to greatly impact the
emergency services stated above. The emergency service agencies
were not contacted during the preparation of this report.
. not, itrliat additional c� vpense would be ncecssar•y to rr eke-� these sen ces
adequate?
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�111170s e expense would the tleces'rs-al*v unprovenie arts be rnatle `
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III. SCHOOLS:
.A. Descr•i& the educ°atiowlfircilities Which i-vould senv the subdivisron (school ft 4�°ilities°,
schooij.-ersonael. bus routes and cwjvibilitie-�=, etc. �.
The schools which will serve the development will be those of School
District No. 1, West Valley for grades K --- 8, and Glacier High School
District for grades g - 12.
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 12
Estimc,'it�z Pita atowber of '.sTehool chilld. ei2 that ivill be ac"Ided 131. P1{ )Posed sYubd ,11017,
Wid how t iev will qi&--et existM�.���c`iIC'Y'
The subdivision may add approximately 80 school students (30 dwellings
x 2 childrenldwelling) to the existing school system. The increase in
school children will not greatly impact existing school facilities.
IV. ECONOMIC BENEFITS.
_4, Provide the present assessinew c lass� cations and r ana c.' q� ..the toted assessed voltuition
q f all land and Structures.
The estimated value of the undeveloped property is $675,000.00. An
estimate of current taxes on the undeveloped property is $1,450-00.
B. Provide tht;, anticipated assessment classificafion and range of the total assessed
iccttctirrfalstructures t ?.S'{ and foccupancy �rso givstitrvu-
ssaid occupancv).
It is difficult to determine an estimate of taxes following 25% and 00%
occupancy for numerous reasons, but annual taxes from the property
and improvements could be as much as $130,000.00.
C. Provide anticipated revenue increases, per unit, fi-om ii.wter, sewer and sob'd write je' es.
The anticipated revenue increase from water and sewer fees per lot is
approximately $1,278 for sewer hook-up, and $2,746 for water hook-up.
Estimated monthly fees are $22.25 per lot for water fees, $18.00 per lot
for sewer fees. Solid waste fees will be collected and retained by
Evergreen Disposal for minimum of five years following annexation.
XV. LAND USE. -
A, Deserlhe the existing itisTtorle l use (� f f e site,
The present and historical use of this site has primarily been for
residential and agricultural uses.
Desc}r-ihe anY t_0MJ3re_11�v.tsiVC Plan rc co?'Plinewlations aim ot1wr land rise reculat°ions on
�Ic'c:F}rat ttj.s wtirs>�c•t �c�ir iic:tc LTtF r.
The property is adjacent to two other subdivisions recently annexed into
the city of Kalispell. One is located west of the proposed subdivision,
and one south. Annexation is proposed.
ENVIRGMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 13
C. &,sc J.7be the Pii c- sei7t rises cif hinas a��Ji cicciit to or near- th e proposed developmelIL
Describe hovv thc� sr.rl divi.s l on will �� �fc t ► �ccc�:�`s to anly ad oiliin,'a land 017(k )r I
m e [ s 4' re s L'i'! •e proposed opo sed to provide, •o vU de, a 6. L-.Jes
The prevailing land use near the development is single-family residential.
The proposed subdivision will not affect access to any adjoining land.
The existing and proposed easements will be improved to current
standards.
. . Describc the basis of the aced for the subdivision,. How much development of a shnilar
nature is, or is not, available hi the area.
Development of the property for single-family residential use represents
"infill" development between areas which are already approved for such
development.
E. Descilbe and, health or safety hazards on or near- the subdivision Opining activity, high
voltage lines, gain lines.. a-rcultttral and iirni activities, etc}.) Ai7v such conditions
should be accur•crtely described and their- origrr7 and l'ocatioii iclerOfled.
There are no health or safety hazards on or near the proposed
subdivision.
F Describe any on -site. uses creathig a nuivanee (unpleasant odor, urn -usual noises, dust,
smok- ., etc'.). Anisuch conditions should be accurately described and their origin and
location identified
No on -site or nearby uses constitute a public nuisance.
XVI. PARKS AND RECREATION FACILITIES:
A. Deseribe pal* and r eer ration iieiliticas to be provided within the proposed subdivision
and other rxec7reational icilities which kill sei-ve the subdivision.
The area to the east of Spring Creek will be reserved for a common area;
preserved for the most part in its natural state, with walking paths, picnic
tables: and benches.
1,ist other Parks aml rec.-,r.,atior ctc•ilities or :site in -the area and melr; ap- Jar o: ir1rate
dis tawc"eft-oln the sif e.
No other parks or recreation facilities are located in the Immediate
vicinity of the proposed development.
'. If uish-win--lieu cry1mi—I'd(vid Is r~c�pos�c�c�..��hae 111C PtLr-c�hc�.4e Pr�ioe per �:��Yre Or ck����f eal
Tnat-ket value (Valitesstated must be no more than 12 months old).
Cash -in -lieu of parkland is not proposed.
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 14
XVII. UTILITIES:
liti- c(-If e the ufilf' con'li.)4Inies lKV01ved tf'1 clec'tr'Ic al power. whir of �c� ��. or
The power company responsible for this area is Flathead Electric
Cooperative. The phone company will be CenturyTel. Natural gas will be
provided by Northwestern Energy. Also, cable television, if available, will
be provided by Bresnan.
1-3 HUS 111C Dreliminary plut 1�een Submitted to a�l�cted ldilitiesfi)r re-riew",
The preliminary plat has not yet been submitted to any of the above -
mentioned utility companies. Coordination of installation of these utilities
will occur during the construction phase of the project.
C. Estimate the compleilon date ofeach utilltv Installation.
The completion date/final plat recordation, will depend on the approval
date and other issues, but it is anticipated to be before the end of 2007.
ENVIROMENTAL ASSESSMENT FOR COTTAGE GARDENS SUBDIVISION Page 15
Cottage Gardens subdivision proposal Page I of I
Sean Conrad
From: Deleray, Mark [MDeleraymt.gov]
Sent: Thursday, February 22, 2007 1:26 PM
To: Sean Conrad (E-mail)
Subject: Cottage Gardens subdivision proposal
Sean,
l would like to provide these comments from Montana Fish Wildlife and Parks on the proposed subdivision named
Cottage Gardens. This is a high -density development along a spring creek on Three Mile Drive. My comments
are in regard to concern over maintaining high water quality in the adjacent spring creek and downstream waters.
Fish Wildlife and Parks recommends 100 foot building setbacks with the first 50 feet in a riparian buffer comprised
of native vegetation with minimal maintenance, which excludes managed lawns, on smaller streams like Spring
Creek. These setbacks and buffers provide filtration of upland pollutants protecting water quality and stream and
riparian habitats. It appears there are proposed setbacks of 80 to 100 feet. 1 recommend these be widened to
100 foot and include the riparian buffer as described above. Thank you for the opportunity to provide input.
Please contact me if 1 can provide information.
Mark Deleray
Fisheries Biologist
Montana Fish Wildlife and Parks
490 North Meridian Rd.
Kalispell, MT 59901
(406) 751-4543
mdeleray@mt.gov
1711007
Coq e Gardens Subdivision
Plan for Maintenance of Common Areas
and Other Landscaped and Improved Areas
Common Area In and Around Flood Plain
Cottage gardens Subdivision is an R-3 Zoning residential housing development
with substantial open space. A portion of the open space is located in a riparian strip
within a I oo-year flood plain along the stream which traverses the northeast corner of the
property, as well as areas outside the flood plain on the Northeast and Southwest sides of
the stream. The preliminary plat designates approximately 3.49 acres as open space
common area.
The applicant proposes to maintain the common area both within and outside the
flood plain as a natural, open space zone, to maintain riparian habitat along the stream.
This is intended to benefit wildlife which use the area and maintain water duality in the
stream.
If any areas within the designated open space zones are disturbed by construction
activities or are otherwise in need of additional vegetation for aesthetic purposes, they
will be planted with native grasses, trees and shrubs. No construction of any sort is
planned within the I oo--year flood plain — should construction be necessary within the
flood plain or within the steam, applications will be made for the appropriate permits.
Noxious weeds will be controlled with approved control methods such as mowing and
spraying. The applicant proposes a lightly maintained walking trail to and from the
common area on the northeast side of the stream, so as to link the area with the housing
portion of the development.
The applicant does not propose to develop the common area as a park or
playground. However, benches and picnic tables may be installed within the area on the
northeast side of the stream. The area will be kept free of litter and grassy areas along
trails and within the vicinity of picnic tables and benches will be mowed periodically by a
private contractor selected and hired by the homeowners' association. No use of city
services will be necessary for maintenance of any of the common areas.
Other Common Areas
Maintenance of other common areas within Cottage Gardens, as defined in the
Declaration of Covenants, Conditions and Restrictions of Cottage Gardens, including
vegetation, roads, driveways, walkways and other paved areas, and all other
improvements within the designated common areas of the plat, will be undertaken by a
private contractor hired and paid by the homeowners' association.
Boulevards, -Bike Path and other Landsea ed Area alonp. Three Mile Drive
Maintenance of boulevards along city streets within Cottage Gardens, as well as
the hike paths and a landscaped area along Three Mile Drive g in an east -west
direction, shall be maintained and kept in good repair by the homeowners' association.
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