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06. Resolution 5176 - Preliminary Plat - Blue Skies Subdivision - Mathiason1 Z4�-��� FROM: SUBJECT: MEETING DATE: City of Kalispell Planning Department 7 - 2nd Stream East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751- 1850 Fax: (406) 751-1858 Website: kalispellplanning. corn Kalispell Mayor and City Council Sean Conrad, Senior Planner Names H. Patrick, city Manager Preliminary Plat request for Blue Skies Subdivision February 5, 2007 BACKGROUND: The Kalispell City Planning Board met on January 9, 2007 and held a public hearing to consider a request by James and Peggy Mathiason for preliminary plat approval to create a 6 lot subdivision on approximately 2 acres. Currently this property is in the County zoning jurisdiction and has a zoning designation of County R-1, Suburban Residential. 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 east side of Valley View Drive approximately 1,000 feet south of the intersection of Valley Views Drive and Foys Lake Road. The property address is 115 Valley View Drive and the property can be described as Assessor's Tracts 3DE and 3DEA located in Section 13, Township 28 North, Flange 22 west, P.M.M. , Flathead County, Montana. Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-06.17 and recommended the Planning Board consider recommending approval of the preliminary plat subject to 24 conditions. At the public hearing Olaf Ervin of Montana Mapping Associates spoke in favor of the subdivision. No one else wished to speak and the public hearing was closed. After the public hearing the board discussed the proposal and a motion was made to recommend approval of the preliminary plat to the Kalispell City Council subject to the 24 conditions listed in the staff report. The motion passed unanimously. RECOMMENDATION: A motion to 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 submitted, Sean Conrad James atrick Senior Planner City Manager Deport compiled January 29, 2007 Attachments: Transmittal letter Exhibit A (conditions) Staff report #KPP-06-17 and application materials Draft Minutes 1 / 9 j o7 planning board meeting c: Theresa White, Kalispell City Clerk RX-EldSOLUTION NO.5176 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF BLUE SKIES SUBDIVISION, MORE PARTICULARLY DESCRIBED AS PARCELS A & B OF CERTIFICATE OF SURVEY NO.14634 IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, WHEREAS, James and Peggy Mathiason, 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 January 9, 2007 on the proposal and reviewed Subdivision Report #KPP-06-17 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Blue Skies Subdivision subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of February 5, 2007, reviewed the Kalispell Planning Department Report #KPP-06-17, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION L That the Findings of Fact contained in Kalispell Planning Department Report #KPP-06-17 are hereby adopted as the Findings of Fact of the City Council. SECTION H. That the application of James and Peggy Mathiason for approval of the Preliminary Plat of Blue Skies Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C —Final Plat) 2. 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. In addition to the new City street within the subdivision Valley View Drive, as it fronts the subdivision, shall be improved to the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. (Kalispell Design and Construction Standards and Findings of Fact Section D) Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Resign 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 and Findings of Fact Section D) 4. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards and Findings of Fact Section C) 5. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 6. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) 7. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland of 5,606 square feet. The payment shall be based on the fair market value of undivided, unimproved land. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Section D). 8. Prior to final plat approval the applicant shall commission and cause to be completed a detailed floodplain study of the stream reaches of the unnamed ephemeral stream that directly affects the proposed subdivision. Such study is to be executed in accordance with the current Montana DNRC guidelines for watercourse surveys and guidelines for Zone A. The extent of the I00-year floodplain shall then be clearly and obviously demarked and labeled "100- year floodplain No -Build Area" on the face of the final plat. (Findings of Fact, Section A, Flooding) 9. 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). 10. 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. £ Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as a fire lane. 11. The following note shall be placed on the face of the final plat: "Construction of a home on lot 3 shall utilize sound -absorbent materials along the side of the house facing the highway bypass." (Findings of Fact Section A) 12. A 30-foot wide road/utility easement shall be dedicated to the City of Kalispell along the eastern boundary of lot 3, adjacent to the area designated as future highway right-of-way. Within this easement a 20 foot wide driving surface shall be constructed the entire length of the easement and integrated into the roadway to provide for a "T" turnaround for Fire Department access referenced in condition 10. (Findings of Fact Sections A and D) 13. The existing shop shown on the preliminary plat and all other outbuildings shall be removed or located on the same lot as the existing house. (Kalispell Zoning Ordinance, Section 27.22.020(3)(g)) 14. The Kalispell Bypass corridor shall be indicated on the final plat as a separate parcel along with a note that states "reserved for future right-of-way acquisition", or if the State has acquired the property as the "Proposed Kalispell Bypass" and not be made part of the proposed lots. (Findings of Fact Section D) 15. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is prohibited unless approved by the Kalispell Department of Parks and Recreation." 16. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." (Findings of Fact Section D) 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. 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. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 22. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 23. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. (Findings of Fact Section A) 24. That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). 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 5TH DAY OF FEBRUARY, 2007. ATTEST: Theresa White City Clerk Pamela B . Kennedy Mayor City of Kalispell Planning Department 17 - 2nd Street East, suite 211. Kalispell., Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Wehsite: kalispellplanni.ng. com January 30, 2007 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Preliminary Plat request for Blue Skies Subdivision Dear Jim: The Kalispell City Planning Board met on January 9, 2007 and held a public hearing to consider a request by James and Peggy Mathiason for preliminary plat approval to create a 6 lot subdivision on approximately 2 acres. Currently this property is in the County zoning jurisdiction. and has a zoning designation of County R-1, Suburban Residential. 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 east side of Valley View Drive apprommately 1,000 feet south of the intersection of Valley View Drive and Foys Lake Road. The property address is 115 Valley View Drive and the property can be described as Assessor's Tracts 3DE and 3DEA located in Section 13, Township 28 North, Range 22 west, P.M.M. , Flathead County, Montana. Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-00-17 and recommended the Planning Board consider recommending approval of the preliminary plat subject to 24 conditions. At the public hearing Olaf Ervin of Montana Mapping Associates spoke in favor of the subdivision. No one else wished to speak and the public hearing was closed. After the public hearing the board discussed the proposal and a motion was made to recommend approval of the preliminary plat to the Kalispell City Council subject to the 24 conditions listed in the staff` report. The motion passed unanimously. Please schedule this matter for the February 5, 2007 regular Kalispell City Council meeting. You may contact this board or Sean Conrad at the Kalispell Planrnng Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Timothy Norton President Attachments: Exhibit A Staff report #KPP-06-17 and application materials Draft Minutes 1 / 9 / 07 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: James and Peggy Mathiason 115 Valley Vier Drive Kalispell, MT 59991 Montana Mapping Associates, Inc. 1405 Hwy 2 Nest Kalispell, MT 59901 EXIMIT A BLUE SKIES SUBDIVISION PLAT CONDITIONS OF APPROVAL AS RECObIMENDED BY THE KALISPELL CITY PLANNING BOARD JANUARY 9, 2007 The Kalispell City Planning n Y n g Board recommends to the Kalispell City Council that the preliminary plat for Blue Skies subdivision be approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. 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. In addition to the new City street within the subdivision Valley View Drive, as it fronts the subdivision, shall be improved to the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. (Kalispell Design and Construction Standards and Findings of Fact Section D) 3. 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 and Findings of Fact Section D) 4. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards and Findings of Fact Section C) 5. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion / sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 6. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) 7. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland of 5,606 square feet. The payment shall be based on the fair market value of undivided, unimproved land. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Section D). 8. Prior to final plat approval the applicant shall commi fission and cause to be completed a detailed floodplain study of the stream reaches of the unnamed ephemeral stream that directly affects the proposed subdivision. Such study is to be executed in accordance with the current Montana DNRC guidelines for watercourse surveys and guidelines for zone A. The extent of the too -year floodplain shall then be clearly and obviously demarked and labeled " 1 o0-year floodplain. No -Build Area" on the face of the final plat. (Findings of Fact, Section A, Flooding) 9. 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). 10. 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 riirn um fire flours shall be installed per City specifications at approved locations. Minimum fire flours 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 20 feet to 32 feet wide shall be posted on one side of the road as a fire lane. 11. The following note shall be placed on the face of the final plat: "Construction of a home on lot 3 shall utilize sound -absorbent materials along the side of the house facing the highway bypass." (Findings of Fact Section A) 12. A 30-foot wide road/ utility easement shall be dedicated to the City of Kalispell along the eastern boundary of lot 3, adjacent to the area designated as future highway right-of-way. Within this easement a 20 foot wide driving surface shall be constructed the entire length of the easement and integrated into the roadway to provide for a "T" turnaround for Fire Department access referenced in condition 10. (Findings of Fact Sections A and D) 13. The existing shop shown on the preliminary plat and all other outbuildings shall be removed or located on the same lot as the existing house. (Kalispell Zoning Ordinance, Section 27.22.020(3)(g)) 14. The Kalispell Bypass corridor shall be indicated on the final plat as a separate parcel along with a note that states "reserved for future right-of-way acquisition", or if the State has acquired the property as the "Proposed Kalispell Bypass" and not be made part of the proposed lots. (Findings of Fact Section D) 15. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is prohibited unless approved by the Kalispell Department of Parks and Recreation." 16. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." (Findings of Fact Section D) 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 severer 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. 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. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) . 22. All areas disturbed during development of the subdivision shall be re --vegetated with a weed -free mix immediately after development. 23. That a m� n i m urn of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. (Findings of Fact Section A) 24. That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04) . BLUE SHIES SUBDIVISION KALISPELL PLANNING DEPARTMENT STAFF REPORT KPP-Of - 17 DECEM BER 26, 2006 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for preliminary plat approval of a 6 lot residential subdivision on property proposed for annexation and initial zoning. A public hearing on this proposal will be held before the planning board on January 9, 2007 in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. A. Petitioner and Owners: James and Peggy Mathiason 115 Valley Vieux Drive Kalispell, MT 59 901 Technical Assistance: Montana Mapping Associates, Inc. 1405 Hwy 2 west Kalispell, MT 59901 (406) 752-3539 B. Location and Legal Description of Property: The property proposed to be subdivided is located on the east side of Valley View Drive approximately 1,000 feet south of the intersection of Valley Vieux Drive and Foys Lake Road. The property address is 115 Valley View Drive and the property can be described as Assessor's Tracts 3DE and 3DEA located in Section 13, Township 28 North, Range 22 west, P.M.M. , Flathead County, Montana. C. Nature of the Request: This is a request for preliminary plat approval of a 6 lot residential subdivision with lots ranging in size from 7,000 square feet to 13,900 square feet. The developer is also requesting an initial zoning of R-3, Urban Single Family Residential. The petition to annex has been filed concurrently with the preliminary plat. Currently, this property is in the County zoning jurisdiction and has a zoning designation of R- 1, Suburban Residential, which has a one acre m r� ?urn lot size requirement and is typically in areas where water and sewer are not available. D. Size: Total Area: 2.0 7 acres Total acreage in lots: 1.17 acres Roads: 0.90 acres E. Existing Land Use and Zoning: The property proposed for subdivision is developed with a residence and several outbuildings. Currently this property is in the County zoning jurisdiction and is zoned R-1, Suburban Residential, which has a one acre min-tmum lot size requirement and is typically in areas not served by public water and/or sewer. As previously mentioned, a petition for annexation to the City of Kalispell and an initial zoning designation of R-3 has been filed concurrently with the request for preliminary plat approval. The R-3 zoning district has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 60 feet. F. AdJacent Land Uses and Zoning: The area can be described as being located on the fringes of urban development with suburban residential development to the north, south and west. The proposed Highway 03 bypass would be located immediately east of the site. North: Single --family residential, County R-1 South: Single-family residential, County R-1 East: Highway 93 bypass and Single-family residential, County R-1 West: Single-family residential, County R-1 G. General Land Use Character: The general land use character of the area is rural residential with parcels ranging in size from 0.72 of an acre to over 4.6 acres. The property is on the urban fringes of Kalispell with. the City limits to the east and south of this site. H. Zoning: Currently this property is located in the County zoning jurisdiction and has a zoning designation. of R-1, Suburban Residential. This property is being annexed concurrently with review of the preliminary plat and the developers are requesting an initial zoning of R-3, Urban Single Family Residential. I. Utilities: This subdivision would receive full City services upon annexation and development. Water: City of Kalispell Sewer: City of Kalispell Solid Waste: Private contract hauler/ City of Kalispell Gas: Northwest Energy Electricity: Flathead Electric Coop (underground) Telephone: CenturyTel (underground) Fire: City of Kalispell Schools: School District 5 Police: City of Kalispell REVEEW AND FINDINGS OF FACT This application is reviewed as a major subdivision in accordance with statutory criteria and the Kalispell City Subdivision Regulations. A. Effects on Health and Safety: Fire: This subdivision would be in the service area of the Kalispell Fire Department once annexed to the City. The property would be considered to be at low risk of fire because the subdivision and homes within the subdivision would be constructed in accordance with the International Fire Code and have access which meets City standards. All of the lots will abut a street that has been constructed to City standards. In addition a 30-foot wide easement is being recommended along the eastern boundary of lot 3, adjacent to the area designated as future highway right-of-way. Within this easement the fire department is recommending that a 20 foot wide driving surface be installed along the entire length of the easement and integrated into the roadway to provide for a 'r turnaround. 2 Hydrants will be required to be placed in compliance with the requirements of the International Fire Code and approved by the fire chief. The fire access and suppression system should be installed and approved by the fire department prior to final plat approval because of potential problems with combustible construction taping place prior to adequate fire access to the site being developed. Flood n : Flood Insurance Rate Map community panel number 300023 1815 revised in September of 1992 indicates a small area in the northwest portion of proposed lot 1 to be within the 100 year floodplain. However, the floodplain shown on community panel number 300023 1815 is an undelineated floodplain. City staff has concerns with an undelineated floodplain and its proximity to the proposed subdivision. Upon relaying the staffs concerns with the consultants for the subdivision, the consultants agreed to the following condition to be placed on the final plat: "Prior to final plat approval the applicant shall commission and cause to be completed a detailed floodplain study of the stream reaches of the unnamed ephemeral stream that directly affects the proposed subdivision. Such study is to be executed in accordance with the current Montana DNRC guidelines for watercourse surveys and guidelines for zone A. The extent of the 100r-year floodplain shall then be clearly and obviously demarked and labeled " 100-year floodplain. No -Build Area" on the face of the final plat." By requiring further study on the undelineated floodplain and showing its location relative to the subdivision, staff concerns would be satisfied. Access: Access to the subdivision will be from Valley View Drive, a County road in fair condition. A new internal roadway will provide access to the proposed lots and be constructed to City standards. The new roadway will end in a "'T'" in order to allow fire equipment to turnaround. A roadway easement will be extended to properties located south of the proposed subdivision boundary to allow future development on these properties to utilize a connected street system instead of a series of cul-de-sac roads. Noise: The future highway bypass will be located east of the proposed subdivision. The Montana Department of Transportation (MDT) provided the Planning Department with a noise contour map of projected noise contours along the highway bypass. MDT also provided the Planning Department with a document titled Information for Local Officials on Highway Traffic Noise. This document provides noise level guidelines for specific uses along the proposed highway bypass and some specific noise abatement measures recommended to mitigate noise impacts. The consultants provided the Planning Department a copy of the preliminary plat with the projected noise contours of the future highway by-pass overlaid on the lots. A noise decibel level of 64 is shown along the eastern edge of the property, adjacent to the highway by-pass. A decibel level of 62 is anticipated in the area of lot 3 with the noise decibel level decreasing to 60 in the area of lots 2, 4 and S. The document provided by MDT states that noise impacts occur when noise levels approach a decibel level of 67 in residential areas. With the proposed road right- K of --way along the eastern edge of the subdivision, the distance has increased between future homes on the site and the highway by-pass, thus reducing the noise impacts to those future residents. one lot, lot 3, has potential building sites which come close to a noise decibel level of 64. On this lot the Pi ' g Department would recommend that a note be placed on the final plat recommending construction of the home on lot 3 utilize sound -absorbent materials along the side of the house facing the highway bypass. This is based on information contained in the document titled Information for Local Officials on Highway Traffic Noise provided by the Montana Department of Transportation. On -site Improvements: The City of Kalispell has required past subdivisions to complete a minimum 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 life to insure that prior to issuing a building permit on a new lot, there is access which meets the fire departments minimum standards as well as water and sewer services. The City has in the past allowed subdivisions to file a final plat and subsequent home construction to begin prior to a majority of the infrastructure installed. Problems have arisen in the past with insufficient water for fire suppression and sewer mains not working properly as new homes are being occupied. Therefore, in order to mitigate these potential impacts to the public's health and safety, staff is recommending a condition requiring a minimum of two-thirds of the infrastructure be installed prior to final plat. B. Effects on Wildlife and Wildlife Habitat: Chapter 7 of the Kalispell Growth Policy, Goal 4, states, "Development should be compatible with important wildlife habitat and travel corridors as identified in Appendix A." Appendix A, resources and Analysis Section, of the Kalispell Growth Policy provides a series of maps indicating important riparian wildlife habitat, and habitat areas for White Tailed Deer, mountain lions, elk, Mule Deer, and moose. These habitat maps are based on information provided by the Montana Fish, Wildlife and Parks Information Services Unit. The 2 acre project site falls within an area of White Tailed Deer density of less than 15 per square mile. This density designation is also found throughout the City of Kalispell and areas to the north and west of the City. The resource section of Appendix A states that the areas with the greatest densities of White Tailed Deer are those areas with the highest white tailed deer habitat qualities (e.g. the Flathead/ Stillwater complex) , or the areas which tend to winter large deer numbers (Fogs Lake - Lone Pine area). There is the possibility of white tailed deer to be found in and around development located on the project site, however, development of this property will not have an impact on winter range areas or prime riparian wildlife habitat. C. Effects on the Natural Environment, Surface and groundwater: This subdivision will be served by public grater and sewer thereby m. r mizing any potential impacts to the groundwater. As stated previously, a portion of the site is within the 100 year floodplain as shown on the Flood Insurance Rate Map community panel number 300023 1315. A Depth to Water Table map dated March 13, 2006 indicates the water table is 1 between 15-20 feet below the surface in the northeast corner of the project site with the remaining portions of the site having an approximate water table depth of 20-50 feet below the surface. Information in the Depth to Water Table was provided by the Flathead Lakers in consultation with the Flathead Lake Biological Station. Drainer e: The site is relatively level throughout and does not have constraints related to wetland areas. Curbs and gutters will be installed along the internal subdivision road as well as the project sites frontage along Valley View Drive. An engineered storm drain management plan will have to be developed to address the runoff from the site. The proposed storm drainage plan will have to comply with the City of Kalispell's standards and State standards and will be required to be reviewed and approved by the Kalispell Public Works Department. D, Effects on Local Services: Water: Water service to the subdivision would be provided by the City of Kalispell and extended from a crater main that lies to- the north of this subdivision along Valley View Drive. The main would be extended from its current location south along Valley Vieux Drive. Most likely the water system will be completed prior to final plat submittal. The crater 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 crater system to accommodate this development. Sewer: Sewer service will be provided by the City of Kalispell with an extension of existing sewer mains from their current location along Valley Vieux Drive, north of the project site. As with the crater main, the sewer main would be extended south along Valley View Drive in order to serve the subdivision. 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 plant to accommodate this development. Roads: An existing County road, Valley View Drive, currently provides access to the subdivision site. The developer is proposing an internal roadway to serve the lots within the subdivision. Valley View Drive is a county roadway which connects Foys Lake Road, north of the project site, to Sunnyside Drive, located southeast of the project site. Valley Vieux Drive is currently 20 feet wide with limited shoulders and a water collection ditch on both sides of the road. There are currently 10 homes served by Valley View Drive from its connection with Foys Lake Road until Valley View Drive turns east to connect with Sunnyside Drive. The proposed subdivision would add 5 residential lots which would use Valley Vieux Drive. The Kalispell Public Works Department is recommending that Valley Vieux Drive, along the projects frontage, be improved to current city design and construction standards including a curb, gutter, boulevard and pedestrian path. In addition to the improvements related to the subdivision the Planning Department recommends that the owners of the lots be required to waive their right to protest a future special improvement district (SID) to upgrade Valley View Drive. Due to the increase traffic and associated impacts the subdivision would have on Valley View Drive, improving a portion of 0 the roadway and waiving the right to protest an SID would mitigate impacts to the roadway. The developer is proposing to construct one internal roadway, El Dorado Road, to serve the lots within the subdivision.. The road would have a 28-foot wide paved driving surface within a 60-wfoot right-of-way and provide a 60-foot road right--of- way connection to the property immediately south. City staff is recommending that an additional 30-foot wide easement be placed along the eastern boundary of lot 3. The easement would allow for utility extensions to the property immediately north and for the construction of the required ""I" turnaround for emergency vehicles. The easement could provide a potential emergency ingress/egress to the property immediately north of the subdivision depending on the development layout of that property in the future. City staff did not recommend a full 60-foot road right-of-way to the north because future right--of-moray acquisitions for the highway bypass on Tract 3D, the property immediately north of this subdivision, will be taking a large portion of the eastern part of the property. Staff felt that the future highway right-of-way along with a potential to create a connecting 60-foot wide road easement on Tract 3D would unduly limit the property for future development. The access roadway, El Dorado road, would be constructed to city standards including curb, gutters, sidewalks and landscaped boulevards. The Public Works Department is recommending the roadway be constructed to city standards from it's intersection with Valley View Drive to within 30 feet of the boundary between the 60-foot road right-of-way and Tract 3DD, located immediately south of the proposed subdivision. This remaining 30 foot strip of road right-of-way will be required to be ally improved with only base road materials. Full road improvements would be completed once properties to the south propose to further subdivide. The preliminary plat has indicated the future highway bypass corridor in the northeastern portion of the property and labeled this area as such. The area included in the bypass corridor is approximately 5,700 square feet in size. As a recommended condition of approval the area shown within the future highway bypass right-of-way shall be platted as a separate parcel for future acquisition. Schools: This development is within the boundaries of the Kalispell School District # 5. The school district could anticipate that an additional 3 school aged children might be generated into the district at full build out. This number is used because it tapes into account pre-school aged children, home school education options and private school education option. Not all of the children who live in the subdivision will be attending public schools. This would have a potentially significant impact on the district, particularly on a cumulative level with other developments pending within the district - both urban and rural particularly with high school -aged students. Parks and ORen Space: The state and local subdivision regulations have parkland / open space requirements for major subdivisions in the amount of 11 % of the combined area of all land to be divided into lots 1/2 acre and smaller. The area in lots is 1.17 acres creating an average lot size less than 1/2 an acre. 11 % of m the combined area in lots will require S,f o6 square feet in park area or cash in lieu equivalent. The developer is proposing a cash in lieu payment to meet the parkland requirements. The Parks and Recreation Department agrees with the developer's cash *n lieu proposal because the land dedication would be so small. Police: This subdivision would be in the jurisdiction of the city of Kalispell Police Department once annexed to the city. The department can adequately provide service to this subdivision, however the cumulative impacts of growth within the City further strains the department's ability to continue to provide the high level of service the department is committed to. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department once annexed to the City, and the subdivision will be required to comply with the International Fire Code. The fire department will review and approve the number and location of hydrants within the subdivision as well as fire flows for compliance with applicable fire codes. Although fire risk is low because of good access and fairly level terrain, the fire department is recommending that access to the subdivision and the hydrants are in place prior to final plat approval and f or use of combustible materials in. construction. Solid waste: Solid waste will be handled by a private hauler in accordance with State statues and taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fiLre department and ALERT helicopter service. Kalispell Regional Medical center is close, less than 3 miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site is currently used for residential purposes and not farmland. The Agricultural Soils Classification map in Appendix A, Resource and Analysis Section, of the Kalispell Growth Policy indicates the soils on the 2 acre project site are not considered prime farmland soils. The map information was provided by the Natural Resource and conservation. Service. In addition, the location and proximity to urban services make this property suited for suburban scale development as recommended in the Kalispell Growth Policy Future Land Use map. Therefore, development of this property will have relatively little impact on agricultural uses within the Valley and no impact on agricultural water user facilities since this property will be served by a public water system. F. Relation to the I alis pe ll Growth Policy: The Kalispell Growth Policy 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. The Suburban Residential designation is intended to reduce density and development impacts 'in sensitive areas and existing rural neighborhoods. This land use designation anticipates a density between two and four dwe}ling units per acre. The proposed subdivision has a density of 3 7 dwelling units per acre, within the anticipated density of the suburban residential designation. G. Compliance with zoning: This property has been proposed to be zoned R-3 an Urban Single Family Residential district with a minimum lot size requirement of 7,000 square feet and a minimum lot width of 60 feet. All lots would comply with the size requirements for the R--3 zoning if the preliminary plat is approved. Section 27.22.020(3) (g) of the Kalispell zoning ordinance states that no accessory structure or use shall be constructed or established on any lot prior to the time of the substantial completion of the construction of the principal structure to which it is accessory. If the subdivision is approved, there are several outbuildings including a large shop that would not be located on proposed lot 1, where the existing house is currently, thereby violating section 27.22.020(3) (g) of the zoning ordinance. A note on the preliminary plat indicates that the owners will take down the existing shop however, in order to fully comply with the zoning ordinance the shop and any other outbuildings will need to be removed or located on the same lot as the existing house. H. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell subdivision Regulations and no variances have been requested. RECC NOMNDATION Staff recommends that the Kalispell City Planning Board adopt staff report KPP-06 -1'7 as findings of fact and recommend to the Kalispell City Council that preliminary plat for the Blue Skies subdivision be approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell subdivision Regulations, Appendix C - Final Plat) 2. 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 uniting 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. In addition to the new City street within the subdivision Valley View Drive, as it fronts the subdivision., shall be improved to the City of Kalispell's Standards for Design and Construction and Montana Public Works standards. (Kalispell Design. and Construction Standards and Findings of Fact section D) 3. 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 crater and sewer main extension plans E•1 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 and Findings of Fact Section D) 4. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards and Findings of Fact Section C) 5. The developer shall submit to the Kalispell Public works Department prior to construction an erosion / sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 6. A letter from the Kalispell Public works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell, Design and construction Standards) 7. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland of 5,60E square feet. The payment shall be based on the fair market value of undivided, unimproved land. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Section D) . S. Prior to final plat approval the applicant shall commission and cause to be completed a detailed floodplain study of the strearn reaches of the unnamed ephemeral stream that directly affects the proposed subdivision. Such study is to be executed in accordance with the current Montana DNRC guidelines for watercourse surveys and guidelines for Zone A. The extent of the 1 o0-year floodplain shall then be clearly and obviously demarked and labeled " 100-year floodplain. No -Build Area" on the face of the final plat. (Findings of Fact, Section A. Flooding) 9. 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 Parrs and recreation Department. (Kalispell Subdivision Regulations, Section 3.11) . 10. 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 a. water mains designed to provide m i t-� * rn um 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 geed abatement shall be provided in accordance with City of Kalispell Ordinance 10--5 . e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as a fire lane. 11. The following note shall be placed on the face of the final plat: "Construction of a home on lot 3 shall utilize sound --absorbent materials along the side of the house facing the highway bypass." (Findings of Fact Section A) 12. A 30-foot wide road/ utility easement shall be dedicated to the City of Kalispell along the eastern boundary of lot 3, adjacent to the area designated as future highway right-of-way. within this easement a 20 foot wide driving surface shall be constructed the entire length of the easement and integrated into the roadway to provide for a "T" turnaround for Fire Department access referenced in condition 10. (Findings of Fact Sections A and D) 13. The existing shop shown on the preliminary plat and all other outbuildings shall be removed or located on the same lot as the existing house. (Kalispell Zoning Ordinance, Section 27.22.020(3)(g)) 14. The Kalispell Bypass corridor shall be indicated on the final plat as a separate parcel along with a note that states "reserved for future right-of-way acquisition", or if the State has acquired the property as the "Proposed Kalispell. Bypass" and not be made part of the proposed lots. (Findings of Fact Section D) 15. The following note shall be placed on the final plat: `Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is prohibited unless approved by the Kalispell Department of Parks and Recreation." 10. 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) 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). to 1 S. 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. 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. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) . 22. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 23. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. (Findings of Fact Section A) 24. That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04) . 11 g2UNITED STATES POSTI-1L SERVICE Date: November 14, 2006 To: City of Kalispell Planning Department 17 2nd Street E Ste 211 Kalispell, MT 50001 RE: Blue Skies Subdivision Comments to Kalispell -City Plannin Board: KALI")`PELL PLANNING DEPARTMP.NT 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 plans to be reviewed. by the Public Works Department. (Kalispell Subdivision Regulations, Section 3.22). If you need additional information regarding the above comments please contact Susii Carter at 1-405-755-6450. C-Mocuments and Settings\Ali Users\Documents\Susii's Other StuftiGrowth Management\Comments to Kalispe{L Planning Dept Master.doc City of Kali* spell D Planning Department IE 0 V IE r;ov o s zoos 17 -- 2nd Street East, Suite 211, Kalispell} MontAWAU PLANNING DEPARTMENT Telephone: (406) 751- 1850 Fax: (406) 751-1858 MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION FEE SCHEDULE: FEE ATTACHED Major Subdivision (6 or more lots) $750 + $105/iot Mobile Home Parks Ss 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 fey + $105/lot Subdivision Variance $ 100 (per variance) Commercial and Industrial Subdivision $950 + $125/lot SUBDIVISION NAME: SX, ►� i OWNER(S) of xEcoRn: Name.. - i Phone Mailing .Address 3 k1I city KState. _ ...._..._zip — TECHNICAL/ PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name & Address Address 8c Address hLk_►92eU N1"� c5"t`fn 1 LEGAL DESCRIPTION OF PROPERTY: Property Address Assessor's Tract No(s) 1 /4 Sec Section � Township �_ Range 9,2__ GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces �_ Total Acreage in Subdivision Total Acreage in Lots _,� �� _Minimum Size of Lots or Spaces QL�Qi,C� Total Acreage in Streets or Roads_ Maximum Size of Lots or Spaces Total Acreage in Parks, Open Spaces and/or Common Areas �_ PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family �- 't Townhouse Mobile Home Park Duplex _7X" 63 Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi --Family other APPLICABLE ZONING DESIGNATION & DISTRICT x(e,4i-on Dim c'k_kv�, K_ ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS c2fi, IMPROVEMENTS TO BE PROVIDED: Roads: Gravel Paved _Curb _G utter �� Sidewalks ._Alleys other Water System: Individual. Multiple User Neighborhood Public X other Sewer System: individual Multiple User Neighborhood Public X other Other Utilities: Cable TV Telephone _Electric - Gas other Solid Waste: Home Pick Up Central Storage Contract Hauler owner Haul Mail Delivery: Central Individual School District: 60_� H J_ r .ti Five Protection: Hydrants Tamer Recharge Fire District;K, .. Drainage System; Inja!d 4_0 ►141) r1 f;_�_V_ OSPROPOSED IJSE �ATIO� CONTROL: 7E7 - A s +{r C,t- -r- At ry '41&f,44 , 1 -4 &�_. VARIANCES: ARE ANY VARIANCES REQUESTED? my (yes/no) If yes, please complete the information below: SECTION OF REGULATIONS CREATING HARDSHIP: n//� EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE WITH REGULATIONS � PROPOSED ALTERNATIVES) TO STRICT COMPLIANCES WITH A13OVE REGULATIONS: IN PLEASE ANSWER THE FOLLOWING QUE3TION3 IN THE SPACES PROVIDED BELOW: 1. Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? 2. Will the variance cause a substantial increase in public costs? 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations, Master Plan or Growth Policy? 4. .Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? 5. What other conditions are unique to this property that create the need for a variance? NIA- 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 Flat Room): Assessor# sec- TwnwRn Lot Tract No Pro ert owner & Mailing Address I hereby certify under penalty of perjury and the laws of the Mate of Montana that the information submitted herein on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. r , (A licant) (Date M PREL4MlIV41RY PL A T of BL UE SKIES SUBDI V1c 310iV SE //4 SE //4 SECTION /3, T. 28 N., R. 22 W. Principal Meridion, Flathead County, Montano Scapa c"mw �rtorw r 1" 710" L or GROSS ACAVS AWF ACRES $0 FT. Lot I 4am OW 139oo Lot Z 8353 Lot J aZ2 0." 6505 Lot 4 CLAt QA9 ROtd Lot 5 7053 Lot 6 OtS 0t,3 /070 fit Roar OL 6F D.,0z 270" COM! Road aIs OY Peot 0.45 O-15 54M Pwrowt z, oT 107 9Co9i r P6 N CERTIFICATION JANUARY 9 2 ? - PLANNING BOARD APPLICANT: James & Peggy Mathiason/Blue skies Subdivision FILE NO: KA-06.16 & RPP-06- 17 I, the undersigned certify that I did this date mail Via CERTIFIED Mail a copy of the attached notice to the following list of landowners ad`ainin the property lines of the property that is requesting an annexation and preliminary plat. Date: S-T-R: 13-25-22 Lot/Tracts# 3DEA 8a 3DE Property Owner/ Mail Address. James & Peggy Mathiason 115 Valley View Drive Kalispell, MT 59901 Montana Mapping Associates 1405 Highway 2 Nest Kalispell, MT 59901 AND ATTACHED -LIST James & Peggy Mathiason Montana Mapping Associates Ross Heritage, LLC 115 Valley View Drive 1405 Highway 2 West 100 Valley View Drive Kalispell, NIT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Debbie Oftedahl Kim & Brigette Torgerson Susan Kunda P.O. Box 7162 P.O. Box 8987 105 Valley View Drive Kalispell, MT 59904 Kalispell, MT 59904 Kalispell, MT 59901 MDT Cora Giese Lyndal Rae Sundt P.O. Box 20 1001 131 Valley View Drive 56 Lochness Road Helena, MT 59620 Kalispell, MT 59901 Kalispell, MT 59901 Timothy Taylor 182 Valley View Drive Kalispell, MT 59901 James & Peggy Mathiason Montana Mapping Associates Ross Heritage, LLC 115 Valley View Drive 1405 Highway 2 West 100 Valley View Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell., MT 59901 Debbie Dftedahl Kim & Brigette Torgerson Susan Kunda P.D. Box 7162 P.D. Box 8987 105 Valley View Drive Kalispell, MT 59904 Kalispell, MT 59904 Kalispell, MT 59901 MDT Cora Giese Lyndal. Rae Sundt P.D. Box 201001 131 Valley View Drive 56 Lo-chness Road Helena, MT 59620 Kalispell, MT 59901 Kalispell, MT 59901 Timothy Taylor 182 Valley View Drive Kalispell, MT 59901 City of Kalispell Planning Department 17 - 2d Street Fast, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751- 1850 Fax: (406) 751-1 S 5 S website: kalispellplanning.eom You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information. NOTICE OF PUBLIC HEARING ALISPELL CITY PLANNING BOARD AND ZONING: COMMISSION JANUARY 3, 2007 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, .January 9, 2007 beginning at TasOO PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take final action. 1. A request by :James and Peggy Mathiason for annexation, initial zoning and preliminary plat approval for the Blue Skies Subdivision on approximately 2 acres. The owners are requesting the R-3 (Urban Single Family Residential) zoning district and approval of a preliminary plat to create b lots ranging in size from 7,340 square feet to 10,000 square feet. The property is currently zoned County R-1 and is located on the east side of Valley View Drive approximately 1,000 feet south of the intersection of Valley View Drive and Foys Lake Road. There is an existing house on the property addressed as 115 Valley View Drive. The property can be legally described as Assessors Tracts 3DEA and 3DE in Section. 13, Township 28 North, Range 22 west. 2. A request by Abigail Fredrick for a planned unit development (PUD) zoning district and preliminary plat approval of the Resubdivision of Lot 1 Minor Subdivision. # 117 on approximately 4 acres. The property has recently been annexed into the city with the R--3 (Urban Single Family Residential) zoning district. The owner is requesting a PUD zoning district on the property to allow reduced lot sizes in the R--3 zoning district and a preliminary plat to create 7 lots ranging in size from 5 , 600 square feet to 29,540 square feet. The property is located on both the east and west sides of Denver Avenue. There is an existing home on the property addressed as 00 Denver Avenue. The property can be described as Lot 1 of Minor Subdivision Plat Number 117 located in the Nw 1/4 of Section 19, Township 28 North, Range 21 west. Documents pertaining g to the agenda items are on file for public inspection at the Kalispell Planning Department, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the hearing, or you may call us at (406) 751- 1854, or e-mail us at planning@kahs-pell.com for additional information. T No. 11317 NOTICE OF PUPLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING C��vi- MISSION JANUARY 9, 2007 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uleci for Tuesday, Janu- ary 9, 2007 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Ka- lispell. The planning board will hold a public hearing and take public comments on the follow- ing agenda items. The Board will make a rec- ommendation to the Ka- lispell City Council who will take final action. 1. A request by James and Peggy Mathiason for annexation, initial zoning and preliminary plat approval for the Blue Skies Subdivision on approximately 2 acres. The owners are requesting the R-3 (Ur- ban Single Family Resi- dential) zoning district and approval of a pre- liminary plat to create 6 lots ranging in size from 7,840 square feet to 10,000 square feet. The property is currently zoned County R-1 and is located on the east side of Valley. View Drive approximately 1,000 feet south of the intersection of Valley View Drive and Foys Lake Road. There is an. existing house on the property addressed as 115 Valley View Drive. The property can be le- gally described as As- sessor's Tracts 3DEA and 3DE in Section 13, Township 28 North, Ranee 22 West. 2. A request by Abigail Fredrick for a planned unit development (PUD) zoning district and pre- liminary plat approval of the Resubdivision of Lot 1 0inor Subdivision #117 on approximately 4 acres. The property ^as recently been an- ie,(ed into the cit with she- � Jrbaningle �rnily Residential) zon- ;nn district. The owner is requesting a PUD zon- ing district on the prop - to allow reduced lot �zes in the R-3 zoning pis t riot and a preliminary n i at :o create 7 lots tinging in size from ~.C'00 square feet to 29.540 square feet. The rc perty is located on 0crl-) the :��^ r_krirt West c a f x ty� addressed as 80 Denver Avenue. The property can be descri- bed as Lot 1 of Minor Subdivision Plat Num- ber 117 located in the NW- 1 f4 of Section 19, Township 28 North, Range 21 West. Documents pertaining to the agenda items are *on file for public inspec- tion at the Kalispell Planning Department, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are availa- ble for public review during regular office hours. Interested persons are encouraged to attend ttxe, hearing and make their views and , known to the ffd ard: Vr�tten com- mentsmay be submit- ted to the Kalispell Plan- ning: Department at the above . address, prior to the date of the, hearing, or you may call us at (406) 751-1850, or e- mail us at planning@ka- lispell.com for additional information. Is/Thomas R. Jentz Thomas R. Jentz. Planning Director STATE of MONTANA. FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE BROUWER BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK of THE DAILY INTER. LAKE A DAILY NEWSPAPER. of GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY of KA.LISPELL, IN THE COUNTY of FLATHEAD, STATE of MONTANA, AND THAT No. 11317 LEGAL AD VERTISMENT WAS PRINTED AND PUBLISHHED IN THE REGULAR AND ENTIRE ISSUE of SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES of DEC 249 2006 December 24, 2006 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED To ANY OTBER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER of INSERTIO�L" to/, O Subscribed and sworn to Before one this DECEMBER 26 206 Seat .; n Cf, r Notary Public for the State of Montana Residing in Kalispell My Commission expires 9/13109-