07. Ordinance 1599 - PUD Overlay - Resubdivision of Lot 1 of Minor Sub Plat No 117 - 1st ReadingCity of Kalispell
Planning Department
17 - 20d Street East, Suite 211
Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
websie: kalispellplanning. com
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
James H. Patrick, City Manager
SUBJECT The Resubdivision of Lot 1 of Minor Subdivision Plat Number 117
Planned Unit Development (PUD) overlay district and Preliminary
Plat request
MEETING DATE: February 5, 2007
BACKGROUND: The Kalispell Planning Board met on January 9, 2007 and held a
public hearing to consider a request for a Planned Unit Development (PUD) overlay
district and preliminary plat approval for 7 lots on approximately 4 acres along Denver
Avenue.
The property proposed for the PUD and the preliminary plat request is located on both
the east and west sides of Denver Avenue at 60 Denver Avenue. It 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.
Sean Conrad of the Kalispell Planning Department presented staff report #KPUD-06-8,
and #KPP- 06-1S and evaluated the proposal. He noted the proposed deviations in the
requested PUD and how the proposed subdivision was consistent with the Kalispell
Growth Policy.
At the public hearing Olaf Ervin from Montana Mapping Associates spoke in favor of
the subdivision and PUD. One other person., Kathleen Lush, discussed her concerns
with stormwrater drainage on the site now and how future development of the site
would need to address storamwater and its impacts to neighboring property owners.
No one else wished to comment on the proposal.
After the public hearing the board discussed the proposal and a motion was made to
recommend approval of the requested PUD for the property subject to the conditions
listed in the staff report and approval of the preliminary plat subject to the conditions
listed in the staff report. The motion passed unanimously.
RECOMMENDATION: A motion to approve the first reading of the ordinance for the
planned unit development with 3 conditions recommended by the planning board, and
a motion to approve the preliminary plat with the 22 conditions recommended by the
planning board would be in order.
Page 2
FISCAL EFFECTS:
ALTERNATIVES:
Respectfully sub 'tted,
F )
jr
Sean Conrad
Senior Planner
Positive impacts once fury developed.
As suggested by the city council.
Report compiled: January 29, 2007
awes atrick
City Manager
Attachments: Exhibit A - Recommended conditions for the Planned Unit
Development and Preliminary Plat
Cost of Services Analysis
Staff report #KPUD-06-8, and #KPP-06-18 and application
materials
Minutes from the 1 / 9 / 07 planning board meeting
c: Theresa White, Kalispell City Clerk
Return to
Theresa White
Kalispell City Clerk
Po Box 1997
.Kalispell, MT 59903
ORDINANCE NO. 1599
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING- MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460)9 BY ZONING- CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS THE RESUBDIVISION OF
LOT 1 OF MINOR SUBDIVISION PLAT NUMBER 117, AND THE ADJACENT STREET
DENVER AVENUE, LOCATED IN THE NORTHWEST QUARTER OF SECTION 19,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA,
CURRENTLY ZONED CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL) AND
ADDING A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Janet Cahill, the owner of the property described above, previously petitioned and
received approval from the City of Kalispell zoning the above described tract of land
R-3, Urban Single Family Residential, and
WHEREAS, the owner is now requesting that a Planned Unit Development overlay the R-3
zoning, and
WHEREAS, the property is located on both the east and west sides of Denver Avenue at 60
Denver Avenue, and
WHEREAS, the petition of Janet Cahill was the subject of a report compiled by the Kalispell City
Planning Office, Staff Report #KPUD-06-08, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described
above be overlaid with a Planned Unit Development, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on January 9,
2007, and recommended that a Planned Unit Development be overlaid on the
property, and
WHEREAS, after considering all the evidence submitted on the proposal to overlay the property
with a Planned Unit Development, the City Council finds such zoning to be
consistent with the Kalispell Growth Policy 2020 and adopts, based upon the
criterion set forth in Section 76-3-608, M.C.A., and State Etc. v. Board of County
Commissioners Etc. 590 P2d 602, the findings of fact of the Kalispell Planning
Department as set forth in Staff Report No. KPUD-06-8.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS. -
SECTION I. Section 27.02.010, of the official zoning Map of the Kalispell zoning
Ordinance, (ordinance No. 1460) is hereby amended by designating the
property described above as R-3, Urban Single Family Residential, with a
Planned Unit Development overlay on approximately 4 acres.
SECTION II. The Planned Unit Development proposed by Janet Cahill upon the real
property described above is hereby approved, subject to the following
conditions:
PUD Conditions
1. The Planned Unit Development allows the following deviations from the Kalispell
Subdivision Regulations and the Kalispell Zoning ordinance:
A. Kalispell Subdivision Regulations, Section 3.11, A (Sidewalks), requiring sidewalks on
both sides of the access roadway into the subdivision up until the required "T"
turnaround for the fire department. Striping shall be used across the turnaround area
showing the pedestrian travel way. ADA access ramps shall be utilized in the overall
design of the sidewalks within the subdivision.
B. Kalispell zoning ordinance, Section 27.06.040 (1) a minimum lot size of approximately
5,630 square feet for lot 6 and 6,643 square feet for lot 5.
2. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
3. That a development agreement be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site.
Subdivision Conditions
General Conditions:
4. 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)
5. 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:
6. 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 Deaver Avenue, 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)
7. 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)
8. 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)
9. 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)
10. 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)
11. The following requirements shall be met per the Kalispell Fire Department and so certified'
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.
12. The decking associated with the building on lot 4 shall be brought into compliance with
regards to setbacks. (Findings of Fact, Section G)
13. All buildings on the preliminary plat designated as being removed shall be removed as well
as the associated foundations. (Preliminary Plat)
14. 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).
15. The area designated on the plat as "park" shall be dedicated to the City of Kalispell.
(Findings of Fact, Section D, Parks and Open Space)
16. The following note shall be placed on the final plat: "Property owner(s) are responsible for
the boulevard strip for the length of their property boundaries. Responsibilities include
watering and mowing of the grass within the boulevard. Removal of grass or trees within the
boulevard and placement of any other kind of materials is prohibited unless approved by the
Kalispell Department of Parks and Recreation."
17. The following note shall be placed on the final plat: "Property owner(s) shall waive their
right to protest the creation of a special improvement district for road upgrades to Denver
Avenue." (Findings of Fact, Section D, Roads)
18. 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)
19. An easement shall be dedicated to the City of Kalispell on lot 7 large enough to
accommodate an approved turnaround for emergency vehicles. (Findings of Fact, Section D,
Roads)
20. 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)
21. 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)
22. 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))
23. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the
public, the right to the joint use of an easement for the construction, maintenance, repair, and
removal of their lines and other facilities, in, over, under, and across each area designated on
this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
On j4oina 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 weed -free mix
immediately after development.
SECTION III. The balance of Section 27-02.010, official Zoning Map, City of Kalispell
Zoning ordinance not amended hereby shall remain in full force and effect.
SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 20TH DAY OF FEBRUA.RY, 2007.
Pamela B . Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
City of Kalispell
Planning Department
17 - 2"d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751--1. 858
website: kaiispellplanning. corn
January 30, 2007
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, NIT 59 903
Re: The Resubdivision of Lot 1 of Minor Subdivision Plat Number 117 -Planned
Unit Development (PUD) overlay district and Preliminary Plat request
Dear Jim:
The Kalispell Planning Board met on January 9, 2007 and held a public hearing to
consider a request for a Planned Unit Development (PUD) overlay district and
preliminary plat approval for 7 lots on approximately 4 acres along Denver Avenue.
The property proposed for the PUD and preliminary plat request is located on both the
east and west sides of Denver Avenue at 60 Denver Avenue. it can be described as Lot
1 of Minor Subdivision Plat Number 117 located in the NW 1I4 of Section 19, Township
28 North, Range 21 West.
Sean Conrad of the Kalispell Planning Department presented staff report #KPUD-06-8,
and #KPP-06-18 and evaluated the proposal. He noted the proposed deviations in the
requested PUD and how the proposed subdivision was consistent with the Kalispell
Growth Policy.
At the public hearing Olaf Ervin from Montana Mapping Associates spoke in favor of
the subdivision. and PUD. One other person, Kathleen Lusk, discussed her concerns
with stormwater drainage on the site now and how future development of the site
would need to address stormwater and its impacts to neighboring property owners.
No one else wished to comment on the proposal.
After the public hearing the board discussed the proposal and a motion was made to
recommend approval of the requested PUD for the property subject to the conditions
listed in the staff report and approval of the preliminary plat subject to the conditions
listed in the staff report.
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 Plann0 g
Department if you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
T:0 471
Timothy Norton
President
Attachments: Staff Reports KPUD-06-8 8v KPP-06-18
Minutes from the 1 /9/07 planning board meeting
c w/ Att: Theresa white, Kalispell City Clerk
c w/o Att: Abigail Fredrick
c/o Janet Cahill
P.O. Box 1401
Kalispell, MT 59903
Montana Mapping Associates, Inc.
Attn: Olaf Ervin
1405 Hwy 2 West
Kalispell, MT 59901
IT A
ABIGAIL FREDRICK
CONDITIONS OF APPROVAL
AS RECOMMENDED BY THE KA.,,L ISPELL CITY PLANNING BOARD
JANUARY 9, 2007
PiJD Conditions
. The Planned Unit Development allows the following deviations from the
Kalispell Subdivision Regulations and the Kalispell zoning ordinance:
A. Kalispell Subdivision Regulations, Section 3.111 A (Sidewalks),
requiring sidewalks on both sides of the access roadway into the
subdivision up until the required "T" turnaround for the fire
department. Striping shall be used across the turnaround area
showing the pedestrian travel way. ADA access ramps shall be
utilized in the overall design of the sidewalks within the subdivision.
B. Kalispell zoning ordinance, Section 27.06.040 (1) a minimum lot size
of approximately 5,630 square feet for lot 6 and 6,643 square feet for
lot 5.
2. A minimum of two-thirds of the necessary infrastructure for this
subdivision shall be completed prior to final plat submittal.
3. That a development agreement be drafted by the Kalispell City Attorney
between the City of Kalispell and the developer outlining and formalizing
the terms, conditions and provisions of approval. The final plan as
approved, together with the conditions and restrictions imposed, shall
constitute the Planned Unit Development (PUD) zoning for the site.
Subdivision Conditions
General Conditions:
4. 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)
5. 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
6. 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 Denver Avenue, 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)
7. 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
crater and sewer mains have been built as designed and. approved.
(Kalispell Design and construction Standards)
S. 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)
9. The developer shall submit to the Kalispell Public Works Department
prior to construction anerosion/ 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)
10. 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)
11. 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 10-3.
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.
12. The decking associated with the building on lot 4 shall be brought into
compliance with regards to setbacks. (Findings of Fact, Section G)
13. All buildings on the preliminary plat designated as being removed shall
be removed as well as the associated foundations. (Preliminary Plat)
14. 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).
15. The area designated on the plat as "park" shall be dedicated to the City of
Kalispell. (Findings of Fact, Section D, Parks and Open Space)
16. The following note shall be placed on the final plat: "Property owner(s)
are responsible for the boulevard strip for the length of their property
boundaries. Responsibilities include watering and mowing of the grass
within the boulevard. Removal of grass or trees within the boulevard and
placement of any other kind of materials is prohibited unless approved
by the Kalispell Department of Parks and Recreation."
17. The following note shall be placed on the final plat: "Property owner(s)
shall waive their right to protest the creation of a special improvement
district for road upgrades to Denver Avenue." (Findings of Fact, section
D, Roads)
18. 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)
19. An easement shall be dedicated to the city of Kalispell on lot 7 large
enough to accommodate an approved turnaround for emergency vehicles.
(Findings of Fact, section D, Roads)
20. 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. (Kalispell Subdivision Regulations, Section 3.13)
21. 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)
22. 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(h))
23. 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 3.13(E))
Can .,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
weed -free mix immediately after development.
ABIGrAIL FREDRICK
REQUEST FOR A PLANNED UNIT DEVELOPMENT
STAFF REPORT # -06-8
REQUEST FOR SUBI]SION APPROVAL FOR THE RESUBDIVISION OF LOT 1 OF
MINOR SUBDMSION PLAT NUMBER 117
STAFF REPORT #KPP-06 -18
KALISPELL PLANNING DEPARTMENT
DECEM 3ER 26, 200
A report to the Kalispell City Planning Board and the Kalispell City Council regarding the
request a Planned Unit Development (PUD) and prehm nary plat approval for 7 lots on a
4 acre property located on the east and west sides of Denver Avenue. A public hearing
has been scheduled before the planning board for January 9, 2007, beginning at 7:00
PM in the Kalispell City Council Chambers. The planning board will forward a
recommendation to the Kalispell city Council for final action.
BACKGROUND INFORMATION: The Planning Board and city Council recently reviewed
a request on the same property for annexation and initial zoning of R-3, Urban Single
Family Residential. At the October lothPlanning Board hearing the Board unanimously
recommended the R-3 zoning be placed on the property upon annexation. At the
Councils November 6th meeting, the Council unanimously approved both the
annexation, Resolution 5157, and initial zoning of R-3, Ordinance 1592. The property
owner is now requesting a Planned Unit Development overlay district and subdivision to
create 7 residential lots.
This staff report will address both requests, the planned unit development overlay
district and preliminary plat that the owner is seeking on the property. Each request
will be reviewed with a recommendation and unified set of conditions at the end of the
report on page 14.
A. Petitioner and Ow ers: Abigail Fredrick
c f o Janet Cahill
P.O. Box 1401
Kalispell, MT 59903
752-4735
Technical Assistance: Montana Mapping Associates, Inc.
1405 Hwy 2 West
Kalispell, MT 59901
752-3539
B. Location and Legal Description of Property: The property is located on both
the east and west sides of Denver Avenue at 50 Denver Avenue. It can be
described as Lot 1 of Minor Subdivision Plat Number 117 located in the NW 14 of
Section 19, Township 28 North, Range 21 West.
C. Existing Land Use and Zoning: The property is currently developed with a tri-
E.
F.
plea and several out buildings. The property is zoned R-3, Urban Single Family
Residential.
Looping west
at the
proposed
subdivision
site from the
east side of
Adjacent Land Uses and Zoning:
North:
Single --family homes, City R-4 zoning
East:
Single-family homes, County R-1 zoning
South:
Single-family homes, City R-3 zoning
West:
Single-family homes, City R-4 zoning
General Land Use Character: : The general land use character of this area can
be described as primarily residential with a mix of duplex and single family
homes.
Utilities and Pudic Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
Private contractor
Electricity:
Flathead Electric Cooperative
Gas:
Northwestern Energy
Telephone:
CenturyTel
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
City of Kalispell
Overall Project Description:
The project involves approximately 4 acres of land on both the east and west sides
of Denver Avenue. The owner is requesting to subdivide the property into seven
lets ranging in size from 5,600 square feet to 29,500 square feet. The property
currently has a tri-plex and several outbuildings. The proposal would peep the
tri-plex and include it on lot 4. The remaining outbuildings will be removed.
The seven lots would be located on the west side of Denver Avenue which includes
approximately 2.7 acres of the total 4 acre project site. The property on the wrest
side is fairly level throughout and is adjacent to the Sunnyside Subdivision on the
west and Lonepine View Estates Subdivision on the south. The remaining 1.36
acres of land on the east side of Denver Avenue is proposed for parkland.
The owner is also requesting a PUD overlay district to allow two lots, lots 5 and 6,
to be less than 7,000 square feet, the minimum square footage for a lot within the
R-3 zoning district. The PUD request also includes a deviation from the road
designs standards requiring sidewalks on both sides of the roadway.
I. EVALUATION BASED ON STATUTORY CRITERIA FOR PROPOSED PUD
OVERLAY
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 con l with the owrth olio ?
The property is designated by the Kalispell Growth Policy future land use map as
"Urban Residential" which anticipates residential development with a density of
between 3 to 12 dwelling units per acre. The property is already zoned R-3 and
the proposed PUD overlay would not increase the allowable density under the R-3
zoning district, rather allow some flexibility in lot sizes to accommodate the
overall uses the owner has planned for the site.
2. is the requested zone de.s.igned to lessen con estion in the streets?
The proposed PUD district would not increase the amount of traffic outside of that
permitted within the existing R 3 zoning district. Future traffic due to the
development of the land under the PUD can be accommodated with the existing
roadway systems at hand and the new internal road that will be developed as part of
the subdivision on the 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.
3. will the re nested zone secure -safetv from fire anic and other dangers?
At the time this property is developed, the property owner will be required to
insure that there is adequate infrastructure in the case of an emergency. There
are no features related to the property which would compromise the safety of the
public. New construction will be required to be in compliance with the building
safety codes of the City which relate to fire and building safety. All municipal
services including police and fire protection, water and sewer service is available
to the property.
4. Will the re nested zone rornote the health and eneral welfare?
3
The requested zoning classifications 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.
S. Will the requested zone rovide for adequate Ight. and airy
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 prevent the overcrowdin..,g of land?
The anticipated densities of the proposed PUD zoning district fall within the land
R,-3 zoning densities for the site. All public services and facilities will be available
to serve this property. An overcrowding of land would occur if infrastructure were
inadequate to accommodate the development in the area. This is unlikely to
occur.
7. Will the re uested zone avoid undue concentration of people?
Permitted and conditional use standards contained in the existing R-3 zoning
district as well as subdivision development standards will avoid the undue
concentration of people at the time the property is developed.
g . will the reguested zone facilitate the adequate rovision of transportation-, water,
sewerage, schools Rglks, d otherublic requirements?
Public service, facilities and infrastructure would be made available to the developer.
The developer would need to extend the needed city services that are not currently
extended to the property at the developers' expense and in accordance with the City's
Policies and standards. New improvements to the property such as roads, water,
sewer, and drainage would be installed in accordance with city policies and
standards at the developers' expense thereby insuring that there is adequate
provision of services to the site prior to development. Fire, police, ambulance and
public access are adequate to accommodate potential impacts associated with the
development of this site. There will be impacts to services that can be anticipated as
a result of this proposal which can be met by the city. All public services and
facilities are currently available or can be provided to the property.
9. Does the requested zonegive consideration to the particular suitability of the
propert
v for particular uses?
The proposed PUD zoning district would maintain the single --family residential
character which is consistent with the surrounding zoning and land uses in the
area. Based on the location of the property and corresponding uses and
densities, the requested PUD zoning does give consideration to the particular
suitability of the property for particular uses.
10. Does the re uested zone &iye reasonable consideration to the character of the
district?
4
The general character of the area is residential. The proposed PUD zoning allows this
development to address needs within the community for housing on varying lot sizes.
It appears that the proposed rezoning gives reasonable consideration to the character
of the district.
11. will the proposed zone conserve the value of buildings
Value of the buildings 'in the area will be conserved because the underlying zoning
of R-3 will promote compatible and like uses on this property as are found on
other properties in the area. The proposed PUD does not seek to deviate front the
surrounding land uses.
12. will the requested zone encourage the most appropriate use of the land
throu hQut the munici all ?
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 zoning is consistent with the future land use designations for the area
and surrounding zoning.
EVALUATION OF THE PLANNED UNIT DEVELOPbMNT PROPOSAL:
Project Narrative: Nature of the Request: This is a request for a Planned Unit
Development (PUD) zoning overlay on a 4 acre project site. The PUD application is
requesting two deviations or relaxations from the Kalispell zoning ordinance and
Kalispell Subdivision Regulations. The two relaxations are as follows:
1. Kalispell Subdivision. Regulations, Section 3.1.1, A (Sidewalks)
This section requires sidewalks on both sides of the street in all residential and
commercial subdivisions. The owner is requesting placing a sidewalk on both
sides of the access road *into the subdivision however the sidewalks would not be
constructed around the entire "'I"' turnaround.
2. Kalispell zon.'ng Ordinance, Section 27.06.040 (1) (Minn*num lot size in the R-3
zoning district)
This section requires a minimum lot size of 7,000 square feet for new lots created
in the R--3 zoning district. The owners are requesting that two lots, lots 5 and 6,
be under the minimum at 6,643 square feet and 5,630 square feet respectively.
Criteria for the Creation of a Planned Unit Devely ment PUD District
The following information and evaluation criteria are from Section 27.21.020(2), of the
Kalispell Zoning ordinance. The intent of the planned unit development provisions are
to provide a zoning district classification which allows some flexibility in the zoning
regulations and the nnixin.g of uses which is balanced with the goal of preserving and
5
enhancing the integrity of the neighborhood and the environmental values of an area.
The zoning ordinance has a provision for the creation of a PUD district upon annexation
of the property into the city.
Review of _ARplication Based. Upon PUD Evaluation Criteria: The zoning regulations
provide that the planning board shall review the PUD application and plan based on the
following criteria:
1. The extent to which the plan departs from zoning and subdivision
regulations otherwise applicable to the subject property, including, but not
limited to, density, bulk and use, and the reasons why such departures are or
are not deemed to be in the public interest;
As stated above the owners are requesting two relaxations in the zoning and subdivision
regulations.
1. Kalispell Subdivision Regulations, Section 3.11, A (Sidewalks)
This section requires sidewalks on both sides of the street in all residential and
commercial subdivisions. The owner is requesting placing sideways on both sides of
the access road however the sidewalks would not be extended around the entire " T"
turnaround. Instead, pavement stripping would be used.
As this relaxation would apply to only the end of the proposed access roadway into the
subdivision and sidewalks will be constructed up to the lot 7, the absence of sidewalks
around the "T" turnaround will not be significant and future development of lot 7 will
most likely incorporate a pedestrian path from the use on the property to the sidewalks
located along the access roadway.
2. Kalispell Zoning Ordinance, Section 27.06.040 (1) (Minimum lot size in the R-3
zoning district)
This section requires a minimum lot size of 7,000 square feet for new lots created in
the R-3 zoning district. The owners are requesting a minimum lot size of 5,630
square feet for lot 6 and 6,643 square feet for lot 5.
Included with the PUD application is a subdivision application to create 7 lots ranging in
size from 5, 630 square feet to approximately 29,500 square feet. As stated in the PUD
application, the owner is requesting the smaller lot sizes for two of the lots in order to
sell the lots and help defray the cost of a future building on lot 7. The PUD application
also notes that the request for two smaller lots sizes in the R-3 is more than
compensated for by the larger size of the remaining lots.
Planning staff does not have a concern with allowing the two smaller lots to be created
in this particular case for several reasons; first, the area surrounding the project site is
in an urbanized area which includes townhomes with lot sizes ranging from 4,500
square feet to 6, 500 square feet. Furthermore, the smaller lots are proposed within the
subdivision with lots conforming to the R-3 zoning district placed along Denver Avenue.
This provides the continuity of the _2-3 lot size and land uses along Denver Avenue
which previous subdivisions such as Lonepine View Estates have established in the
area. Also, as noted in the PUD application., the smaller lots would be offset by two
6
larger lots, lots 4 and 7. The owner is not trying to maximize the density on the land
rather provide for a variety of lot sizes for the future construction of single-family
homes.
2. The nature and extent of the common open space in the planned development
project, the reliability of the proposals for maintenance and conservation of
the common open space and the adequacy or inadequacy of the amount and
function of the open space in terms of the land use, densities and dwelling
types proposed in the plan;
The developer is proposing to dedicate to the City of Kalispell a 1.36 acre of land
adjacent to Ashley Creek for parkland. The City's Parks and recreation Department is
recommending the city accept the parkland dedication and the property at this time
would be used for passive recreation with little improvements on it.
The Parkland will provide some needed open space and access to Ashley creep both of
which are not prominent M this neighborhood. The owner is requesting a 7 lot
subdivision of single --family lots and the proposed open space meets the needs for the
added number of people who would live within the 7 lot subdivision.
3. The manner in which said plan does or does not make adequate provision for
public services, provide adequate control over vehicular traffic and further
the amenities of light or air, recreation and, visual enjoyment;
The developer will be required to extend municipal water and sewer to the site. Denver
Avenue will be upgraded to include curbs, gutters, a landscaped boulevard and
sidewalks on both sides of the roadway as it fronts the project site. The access roadway
into the subdivision will be built to city standards except for the portion of the "r
turnaround. with the roadways upgraded or constructed, the PUD will provide for
adequate controls over vehicular traffic.
The proposed parkland and open space areas are discussed above in section. 2 which
provide the recreation component of the PUD and accompanying subdivision and aid to
further the visual enjoyment of the area.
4. The relationship, beneficial or adverse, of the planned development project
upon the neighborhood in which it is proposed to be established;
The project is proposed in an established residential area within the City of Kalispell.
Lonepin.e View Estates, located to the south, is made up of singleW-family residential lots.
The Sunnyside Subdivision Phase 2, located immediately west of the project site, is
made up of a mixture of single-family and duplex units. The properties north and east
of the project site are built with single family residences. The proposed PUD would
maintain the residential character of the area. The lots fronting Denver Avenue, lots 1,
and 3 will all be 7,000 square feet in size or larger, complying with the existing R-3
zoning district and maintaining the lots size and land use which are predominately seen
along the north end of Denver Avenue. The smaller lots, lots 5 and 6, will be located
within the subdivision itself; however these lots would still be used for detached single
family homes. The proposed PUD would not be adverse to the surrounding
neighborhood because of its limited deviations from the subdivision and zoning
standards all of which would be within the subdivision. The outward appearance of the
7
project would still maintain the neighborhood character as discussed in section 1.
5. In the case of a plan which proposes development over a period of years, the
sufficiency of the terms and conditions proposed to protect and maintain
the integrity of the plan which finding shall be made only after consultation
with the city attorney;
The developers are anticipating that the project would be completed in one phase. A
subdivision is being submitted concurrently with the PUD which will have conditions of
approval that must be met prior to the filing of the final plat that would allow the
conveyance of lots. A standard condition of approval is that two-thirds of the required
infrastructure be completed prior to final plat approval which insures that the primary
and essential aspects of the needed infrastructure be completed. A bond or other
guarantee can be Bled with the city of Kalispell in the amount of 125 percent of the
remaining required infrastructure to insure the completion of the project. Remaining
improvements are generally completed within one year of the filing of the final plat.
6. Conformity with all applicable provisions of this chapter.
No other specific deviations from the Kalispell Zoning Ordinance can be identified based
upon the information submitted with the application other than those addressed in the
be g of this report.
H. REVIEW AND FINDINGS OF FACT FOR THE PRELDMARY PLAT OF THE
RESUBDIVISIDN OF LOT 1 OF MINOR SUBDVISIDN PLAT NUmBER 117
This application is reviewed as a major subdivision in accordance with statutory
criteria and the Kalispell city Subdivision Regulations. The subdivision includes
dividing a 4.05 property into 7 lots ranging in size from. approximately 5,600
square feet to 29,500 square feet with a parkland dedication of 1.36 acres.
A. Effects on Health and Safety:
Fire: The property would be considered to be at low risk of fire because the
subdivision and homes within the subdivision would be constructed in
accordance with the International Fire Code and have access which meets city
standards. All of the lots within the subdivision will abut a street that has been
constructed to city standards. Hydrants will be required to be placed in
compliance with the requirements of the International Fire code and approved by
the Fire Marshal. The fire access and suppression system should be installed and
approved by the fire department prior to final plat approval because of potential
problems with combustible construction taking place prior to adequate fire access
to the site being developed.
Flo odin Flood Insurance Rate Map community panel number 300023 18 15
revised in September of 1992 indicates a portion of the proposed parkland to be
within the 100 year floodplain. The proposed lots located on the west side of
Denver Avenue are outside of any designated 100 -year floodplain.
Access: Access to the subdivision will be from Denver Avenue, a City 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.
E. 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
Beer, 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 4 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 (Foys 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 as the development of the property takes place on
the crest side of Denver Avenue in an already urbanized area. The eastern portion
of the property has been placed in parkland to provide some open space and
passive recreation opportunities for the residents of the subdivision and
surrounding neighborhood. The parkland also serves to protect the most viable
wildlife habitat on the property from major construction improvements which
would impact water quality and wildlife habitat.
C. Effects on the Natural Environment:
Surface and groundwater: Ashley creek is located, on the eastern portion of the
project site. As mentioned in the section above, the area immediately adjacent to
Ashley Creek will be placed in parkland to help mitigate impacts to the water.
A Depth to water Table map dated March 13, 2006 indicates the water table for
the area on the west side of Denver Avenue where the 7 residential lots are
proposed varies between 15 feet to 50 feet below the surface. Information in the
Depth to water Table was provided by the Flathead Layers in consultation with
the Flathead Lake Biological Station.
The Planning Department is not recommending any type of mitigation for
groundwater because the subdivision will be served by public water and sewer
thereby minimizing any potential impacts to the groundwater. Also, based on the
Depth to water Table map, impacts to groundwater due to basements appears to
be minimal if at all.
Drain a : Curbs and gutters will be installed with the subdivision and an
engineered storm drain management plan will have to be developed to address the
runoff from the site. There is no storm drain system in the immediate area and
storm water will have to be managed using on -site retention methods as part of
an engineered stor muster 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 reviewed and approved by the Kalispell Public works Department.
9
D. Effects on Local Services:
Water and Serer: Water and sewer service to the subdivision would be provided
by the city of Kalispell and designed and extended in accordance with the
Department of Public Works standards. There are currently water and serer lines
in the Denver Avenue road right-of-way.
The water and sewer systems 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 and sewer systems to accommodate this development.
Roads: An existing City road, Denver Avenue, currently provides access to the
subdivision site. The developer is proposing an internal roadway to serve the lots
within the subdivision.
Denver Avenue runs north to south and connects Sunnyside Drive, on the
northern end, to Teal Drive, on the south end of Denver. Denver Avenue is
approximately 30 feet wide with no curb, gutters, sidewalks or landscaped
boulevards along the portion of Denver Avenue from Sunnyside Drive south
through the project site. Immediately south of the project site, on the crest side of
Denver Avenue, curb, gutters, sidewalks and boulevards have been installed as
part of the Lonepine View Estates subdivision. The east side of Denver Avenue
does not have sidewalks until Rirnrock court.
The Kalispell Public Works Department is recommending that Denver Avenue,
along the projects frontage, be improved to current city design and construction
standards including a curb, gutter, boulevard and sidewalk on both sides of the
roadway. 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 the
remammg portion of Denver Avenue. Due to the increase traffic and associated
impacts the subdivision would have on Denver Avenue, improving a portion of the
roadway and waiving the right to protest an SID would mitigate impacts to the
road.
10
Denver
Avenue
looking north
towards
Sunnyside
Drive from
the project
site.
The developer is proposing to construct an internal roadway to serve the lots
within the subdivision. The road would have a 2 S-foot wide paved driving surface
within, a 60-foot right-of-way and end in a "T" turnaround. City staff is
recommending that the "T" turnaround, now shown as a road right-of-way to be
dedicated to the city, be constructed with an easement dedicated to the city
instead of within a dedicated road right-of-way. The easement would need to be
adequate to incorporate the necessary turnaround for emergency vehicles and any
additional road improvements such as curbs and gutters and, if required, fire
hydrants. Allowing the turnaround to be located in an easement would allow
greater flexibility on lot 7 with regards to building setbacks and off-street parking
setbacks. The Fire Department and Public Works Department do not have a
problem with placing the turnaround in an easement instead of a dedicated road
right-of-way.
Schools: This development is within the boundaries of the Kalispell school
District # 5. The school district could anticipate that an additional. 4 school aged
children might be generated into the district at full build out. This number is
used because it takes into account pre-school aged children, home school
education options and private school education option. Not all of the children
who live in the subdivision will be attending public schools. This would have a
potentially significant impact on the district, particularly on a cumulative level
with other developments pending within the district -- both urban and rural
particularly with high school. -aged students.
Parks and.. Open Space: The State and local subdivision regulations have
parkland dedication requirements or cash in lieu of parkland dedication in the
amount of 11 % of the combined area of all land to be divided into lots 1 2 acre and
smaller. The area in land to be subdivided totals 1.79 acres requiring a parkland
dedication of 0.20 of an acre (8,712 square feet).
As discussed in the evaluation of the proposed PUD, section 2, common open. space,
1..36 acres or approximately 33% of the overall project site is proposed as open
11
space. The parkland proposed by the developer would include all the land east of
Denver Avenue which includes a portion of Ashley Creek.
The Parks and Recreation. Department encourages the use of Ashley Creek as a
park setting. Their hope is to build on this initial park along Ashley Creek with
future developments south of this project.
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. The City recently adopted several
impact fees which are collected at the time a building permit is issued. One of the
impact fees includes a payment to the Kalispell Police Department to help with
capital improvements for the Department.
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 Bore codes. Although fire risk is lour
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 approvals and 1 or use of combustible materials in construction.
The Fire Department is also recommending that roadways between 26 feet to 32
feet wide be posted on one side of the road as a fire lane. This would then allow
parking on only one side of the roadway. The Fire Department strongly
recommended in their response letter that streets be at least 32 feet wide to allover
parking and good emergency vehicle access to the lots.
The City recently adopted several impact fees which are collected at the time a
building permit is issued. one of the impact fees includes a payment to the
Kalispell Fire Department to help with capital improvements for the Department.
Solid Waste: Solid waste will be handled by a private hauler in accordance with
State statues and taken to the Flathead County Landfill. There is sufficient
capacity within the landfill to accommodate this additional solid waste generated
from this subdivision.
Medical Services: Ambulance service is available from the fire department and
ALERT helicopter service. Kalispell Regional Medical center is close, 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 4 acre project site are considered prime
farmland if irrigated. The map information was provided by the Natural Resource
and Conservation Service.
12
Kalispell Growth Policy, chapter 5: Agriculture, Policy 2
Encourage urban growth into areas which are not environmentally sensitive or
productive agricultural lands.
The proposed subdivision contradicts the above policy as the requested
subdivision would remove potentially productive agricultural lands out of
production. However, the location and proximity to urban services and
surrounding urban development make this property suited for suburban scale
development as recommended in the Kalispell Growth Policy Future Land Use
map. Therefore, development of this property will have relatively little impact on
agricultural uses within the valley and no impact on agricultural water user
facilities since this property will be served by a public water system.
P. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future
Land Use map for the area indicates this area is anticipated to be developed as
Urban Residential. Areas designated as Urban Residential are anticipated to be
served by community water and sewer and have good access to services and
public facilities. This land use designation anticipates a density between 3 and
12 dwelling units per acre. The proposed subdivision has a density of
approximately 2 dwelling units per acre, well within the anticipated density of the
urban residential designation.
G. Compliance with Zoning: The owner - has requested a PUD which, if approved,
would allow two lots within the subdivision to have lot sizes less than the required
7,000 square foot minimum. Otherwise, the lots proposed within the subdivision
meet the m-inirn.um criteria for lots within the R--3 zoning district.
The existing tri-plea, shown on lot 4 of the preliminary plat, has decks on the
east, merest and south sides of the building. Decks are required to meet the
building setbacks within the zoning district they are located in. The R-3 zoning
district has a 20 foot front yard setback. The front setback on lot 4 would be
taken from the southern property line adjacent to the access road right-of-way.
There is currently a deck within the 20 foot setback which will be required to be
removed prior to final plat approval. once removed, the existing tri-plea and
associated decks will be in compliance with the zoning districts setbacks.
H. Compliance with the Kalispell Subdivision Regulations: The owners have
requested a PUD which, if approved, would allover one deviation to the Kalispell
Subdivision Regulations. The deviation includes not providing a sidewalk around
the proposed "r turnaround on lot 7. A full discussion of these deviations can be
found on pages 5-7 of this report.
REGOMVIEN ]ATIONS
I. staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report KPUD--06-8 as findings of fact and recommend, to the Kalispell
City Council the PUD for the site be approved subject to the conditions listed
below:
t3
II. Staff recommends that the Kalispell City Planning Board and zoning Commission
adopt staff report PP-06--18 as findings of fact and recommend to the Kalispell
City Council that the prelininary plat of the resubdivisi.on of Lot 1 of Minor
Subdivision Plat Number 117 be approved subject to the conditions listed below:
CONDITIONS OF APPROVAL
1� i Conditions
1. The Planned Unit Development allows the following deviations from the Kalispell
Subdivision Regulations and the Kalispell Zoning Ordinance:
A. Kalispell, Subdivision. Regulations, Section 3.11, A (Sidewalks), requiring
sidewalks on both sides of the access roadway into the subdivision up until
the required "T" turnaround for the fire department. Striping shall be used
across the turnaround area showing the pedestrian travel way. ADA access
ramps shall be utilized in the overall design of the sidewalks within the
subdivision.
P . Kalispell zoning Ordinance, Section 27.06.040 (1) a minimum lot size of
approximately 5,630 square feet for lot 6 and 6,643 square feet for lot 5.
2. A n 'r, mum of two-thirds of the necessary infrastructure for this subdivision sha11
be completed prior to final plat submittal.
3. That a development agreement be drafted by the Kalispell City Attorney between
the City of Kalispell and the developer outlining and formalizing the terms,
conditions and provisions of approval. The final plan as approved, together with
the conditions and restrictions imposed, shall constitute the Planned Unit
Development (PUD) zoning for the site.
Subdivision Conditions
General Conditions:
4. 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)
5. 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 lat.
6. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design and
14
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 Deaver Avenue, 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)
7. 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)
S. 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 resign and Construction Standards)
9. 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)
10. 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)
11. 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 S .
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
15
road as a fire lane.
12. The decking associated with the building on lot 4 shall be brought into
compliance with regards to setbacks. (Findings of Fact, Section G)
13. All buildings on the preliminary plat designated as being removed shall be
removed as well as the associated foundations. (Preliminary Plat)
14. 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).
15. The area designated on the plat as "park" shall be dedicated to the City of
Kalispell. (Findings of Fact, Section D, Parks and Open Space)
16. The following note shall be placed on the final plat: "Property owner(s) are
responsible for the boulevard strip for the length of their property boundaries.
Responsibilities include watering and mowing of the grass within the boulevard.
Removal of grass or trees within the boulevard and placement of any other kind of
materials is prohibited unless approved by the Kalispell Department of Parks and
Recreation."
17. The following note shall be placed on the final plat: "Property owner(s) shall waive
their right to protest the creation of a special improvement district for road
upgrades to Denver Avenue." (Findings of Fact, Section D, Roads)
18. 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)
13. An easement shall be dedicated to the City of Kalispell on. lot 7 large enough to
accommodate an approved turnaround for emergency vehicles. (Findings of Fact,
Section D, Roads)
20. 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)
21. 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
16
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)
22. 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))
23. The following statement shall appear on the final plat: "The undersigned hereby
grants unto each and every person, firm or corporation, whether public or private,
providing or offering to provide telephone, telegraph, electric power, gas, cable
television, water or sewer service to the public, the right to the joint use of an
easement for the construction, maintenance, repair, and removal of their lines and
other facilities, in, over, under, and across each area designated on this plat as
"Utility Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
On going conditions:
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 weed --free mix
immediately after development.
17
p ED�IL�n
Cl"ty Of Kall"
Spe��IUaLISPEI� pLANNiNG DEPARTMENT
Department
17 2nd Street East, Suite 211, Kalispell, Montana. 59901
Telephone: (406) 151-1855❑
Fax: (406) 751-1858
APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD)
PROJECT NAME ZL<&
1. NAME OF APPLICANT: �
2. MAIL ADDRESS. ei 0 , aOo
3. CITY/STATE/ZIP: YPHONE:
NAME AND ADDRESS OF OWNER IF DIFFERENT THAN APPLICANT:
4. NAME:
S. MAIL ADDRESS:
6. CITY/ STATE/ ZIP:
PHONE:
7. TECHNICAL ASSISTANCE:
8. MAIL ADDRESS: 80S. k�tWu
9. CITY/STATE/ZIP: Ki.�:�L� /Y1 I S_'i401 PHONE: 2b9
If there are others who should be notified during the review process, please list those.
Check One:
Initial PUD proposal
Amendment to an existing PUD
A. Property Address: C>O Ia,QAuo�_
B. Total Area of Property: Q..0E-__cti
C. Legal description including section, township Sv range: (Yl's?-,
t+a5 -�4- O (o%`i i-lSU
D. The present zoning of the above property is:
E. Please provide the following information in a narrative format with supporting
drawings or other format as needed:
a. An overall description of the goals and objectives for the development of
the project.
b. In cases where the development will be executed in increments, a
schedule showing the time within phase will be completed.
C. The extent to which the plan departs from zoning and subdivision
regulations including but not limited to density, setbacks and use, and
the reasons why such departures are or are not deemed to be in the
public interest;
d. The nature and extent of the common open space in the project and the
provisions for maintenance and conservation of the common open space;
and the adequacy of the amount and function of the open space in terms
of the land use, densities and dwelling types proposed in the plan;
C. The manner in which services will, be provided such as water, sewer,
storm water management, schools, roads, traffic management,
pedestrian access, recreational facilities and other applicable services
and utilities.
f. The relationship, beneficial or adverse, of the planned development
project upon the neighborhood in which it is proposed to be established
g. How the plan provides reasonable consideration to the character of the
neighborhood and the peculiar suitability of the property for the
proposed use.
h. Where there are more intensive uses or incompatible uses planned within
the project or on the project boundaries, how with the impacts of those
uses be mitigated.
i. How the development plan will further the goals, policies and objectives
of the Kalispell Growth Policy.
j. Include site plans, drawings and schematics with supporting narratives
where needed that includes the following information:
(f) . Total acreage and present zoning classifications-,
(2) . Zoning classification of all adjoining properties;
(3). Density in dwelling units per gross acre;
(4). Location, size height and number of stories for buildings
and uses proposed for buildings;
(5). Layout and dimensions of streets, parking areas, pedestrian
walkways and surfacing;
IK
(6) . Vehicle, emergency and pedestrian access, traffic
circulation and control;
(7) . Location, size, height, color and materials of signs;
(8). Location and height of fencing and/or screening;
(9). Location and type of landscaping,
(10). Location and type of open space and common areas;
(11). Proposed maintenance of common areas and open space;
(12). Property boundary locations and setback lines
(13). Special design standards, materials and / or colors;
(14). Proposed schedule of completions and phasing of the
development, if applicable;
(15). Covenants, conditions and restrictions;
(16). Any other information that may be deemed relevant and
appropriate to allow for adequate review.
If the PUD involves the division of land for the purpose of conveyance, a preliminary
plat shall be prepared in accordance with the requirements of the subdivision
regulations.
Please note that the approved final plan, together with the conditions and restrictions
imposed, shall constitute the zoning for the district. No building permit shall be issued
for any structure within the district unless such structure conforms to the provisions
of the approved plan.
The signing of this application signifies that the aforementioned information is true
and correct and grants approval for Kalispell Planning staff to be present on the
property for routine monitoring and inspection during review process.
(Applicant Signature)
3
ltl& ' ,
.16
(Date)
E. Please provide the following information in a narrative format with
supporting drawings or other format as needed;
a. An overall description of the goals and objectives for the development
of the project.
The applicant proposes the creation of a small (7-lot) mixed -use
development located on approximately 4 acres in section 19 of T. 28 North
R. 21 Test. The Property address is 60 Den ver A ven ue in Kalispell. The
subject property is crossed by .Denver Avenue, which essentially segregates
1.3 7 +I-. acres of the site. This segregated portion is markedly steep and
adjoins Ashley Creek on the eastern property boundary. Although not
suited to residential development this segregated acreage has significant
value as open -space andlor a natural flood mitigation area. There is also a
possibility of limited improvements being made to the western side of the
area (which abuts .Denver Avenue) that wouldfurther enhance its
recreational value.
To th e west of Den ver A ven ue th e property gently rises an d is well suited to
residential development. This western portion currently hosts an existing 3-
apartment building and numerous outbuildings. The apartment building is
being remolded and upgraded to serve as a transition home for the Abby
House domestic violence shelter. The additional outbuildings are being
removed and are not intended to be incorporated in the proposed
development An existing water well located on the property serves the
current residential and irrigation needs. As a part of the proposed
development Kalispell sewer and water would be extended to serve the
existing apartment building as well as all newly constructed residential
structures. The existing well would be restricted to irrigation use for lot 7.
The applicant's proposal is to create 5 single-family residential lots ranging
from 6,632 square feet to 12,736 square feet in size. These lots would be
sold to help defray the cost of building a new Abby house domestic violence
shelter on lot 7(which encompasses 29,547 square feet) and of upgrading
and remodeling the existing house on lot 4 (which encompasses 12,736
square feet)for use as a transition home. The transition home as its name
implies will help aid in the transition of domestic violence victims from life
in the group home atmosphere of the Abby house to that of independent
living. No development of the 1.37 +I- acres east of .Denver Avenue is
proposed and the entirety of that area is to be dedicated to the City of
Kalispell Parks and Recreation Department. In the event that the Parks
Department is unwilling to accept the dedication the lands will be set -aside
in perpetuity as a homeowners green space area.
b. In cases where the development will be executed in increments, a
schedule showing the time within phase will be completed.
This development will not he created in phases.
c. The extent to which the plan departs from zoning and subdivision
regulations including but not limited to density, setbacks and use, and
the reasons why such departures are or are not deemed to be in the
public interest;
This development proposal is generally in conformance with the existing
R-3 zoning with the, following exception. The unique situation of the
property in having Denver Avenue run through it and also having
1.37+/-- acres which are not well -suited to residential development rends
the remaining 2.71 +I- acres to a mixture of lot sues ranging from 6,175
sq. ft. to 29,547 sq. ft., 2 lots would he non -conforming under the R-•3
7,000 square feet minimum lot size requirement. What is proposed is to
view the development as a whole rather than on a lot-hy-lot has* taking
into consideration the overall density rather than the 7,000 square Foot
m * imurn lot size requirement. When seen this way the numbers lay out
thus: If ' only the developable land west of the road is considered and the
proposed, right -of --way dedication is subtracted the average lot size
would be 11,115 square feet with a density of 3.9 lots -per -acre. If all the
acreage is considered (again subtracting the right -of --way) the average
lot size remains the same, however the density drops to 1.7 lots -per -acre.
Such a low density especially when taking into account the surrounding
R-4 zoning is certainly deemed to be in the public interest.
d. The nature and extent of the common open space in the project and
the provisions for maintenance and conservation of the common open
space; and the adequacy of the amount and function of the open space
in terms of the land use, densities and dwelling types proposed in the
plan;
As previo usly discussed in items (a.) an d (c.) the 1.3 7+/- acres east of
Denver Avenue are proposed as dedicated open space, green space, or
parkland. should the City of .Kalispell elect not to accept the dedication
of this land it would then be dedicated to and maintained by the
homeowners association. The maintenance would be limited to weed
control and prevention measures, the removal of any dangerous trees or
debris, and reasonable practices of liter control. The goal of any
maintenance policy would be to preserve the area's value as a natural
flood control feature.
Densities and dwelling types have been addressed in items (a.) and (b.)
and would be generally consistent with existing neighborhood
development trend.
e. The manner in which services will be provided such as water, sewer,
storm water management, schools, roads, traffic management,
pedestrian access, recreational facilities and other applicable services
and utilities.
The proposed development would be served by Kalispell water and
sewer, both of which services currently abut the property. All storm
water would be detained and treated onsite and particular attention paid
to separating hydrocarbons from storm runoff so as to protect Ashley
Creek. The proposed development falls within Kalispell School District
5 and would be served by the various schools within the. district. All
streets proposed within the project would con, form to City of Kalispell
Design Standards. Any improvements to the portion of Denver Avenue
th at a uts th e project deemed n ecessary by th e City of Kalispell Public
Works Department would be completed prior to final plat application.
All available utilities would be extended to serve the lots created.
f. The relationship, beneficial or adverse, of the planned development
project upon the neighborhood in which it is proposed to be
established
The relationship of the proposed development to the existing
neighborhood would be positive and a great boon to the existing
neighborhood. The extension of the existing sidewalks and storm -
drain age facilities would also have a positive effect on the
neighborhood Preservation of the eastern portion of the property as a
flood -control area is of inestimable value to those neighbors along
Ashley Creep.
g. How the plan provides reasonable consideration to the character of
the neighborhood and the peculiar suitability of the property for the
proposed use.
The proposed plan was arrived at after careful consideration of the
existing neighborhood. Much thought was given to the number and
placement of lots, the size of the proposed lots, and the preservation of
the area adjoining Ashley creek. The project property is somewhat of an
anomaly, a large tract of land essentially surrounded by smaller platted
subdivision lots. What is proposed is intended to respect the desire of the
neighborhood to preserve open spaces, particularly riparian areas, and
balance that desire with the need to provide residential housing and the
type of specialized shelter, which the Abby House offers.
h. Where there are more intensive uses or incompatible uses planned
within the project or on the project boundaries, how with the impacts
of those uses be mitigated.
None of the uses proposed are excessively intensive or incompatible with
either the neighborhood or the subject property. The request for
approval of two lots which are slightly smaller than the current R-3
zoning requires is more than compensated for by the larger size of the
remaining lots and the dedication of significant areas of open space.
i. How the development plan will further the goals, policies and
objectives of the Kalispell Growth Policy.
The proposed PUD fits well within the goals, policies and overall growth
objectives of the Kalispell Growth Policy.
p ECEUVE
1:
City of Kalispell 2_,ros,
Planning Department KqLISPELL PLANNING DEPARTMENT
1 f - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1550
Fax: (406) 70-1--1858
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION
19 r- OR
FEE SCHEDULE. FEE ATTACHEDt
Major Subdivision (6 or more lots) $750 + $105 /lot
Mobile Home Parks & Campgrounds (6 or more spaces) $750 + 105/ space
Amended Preliminary Plat
Amendment to Conditions only $350 base fee
Fie -configured Proposed Lots Base fee + $40f lot
Add Additional Lots or Sublots Base fee + $105 / lot
Subdivision Variance $100 (per variance)
Commercial and Industrial Subdivision $9 50 + $12 5 J lot
SUBDIVISiIGN NAME: - D+ i
GVWNE14S) OF RECORD:
Name i - - Phone
Mailing Address . t C . 1 `-
City i` s '3 t State ,,.,..,,._.._. _��..zip r io
TECHNICAL/PROFE88IONAL PARTICIPANTS (3urveyor/Designer/ Engineer, etc):
Name &Address AQL4U,&W '
lee- & Address 140S ffi&tu �2 QcRf
At�e�e�Address �r�►.�p4 �i(Yl.T1..�'9gn �
LEGAL DESCRIPTION OF PROPERTY.
Property Address Coo
Assessor's Tract No(s) �j(,,(�1�� YV156_ V Lot No(s) 1
1 /4 Sec Section �_ Township a.S Range
GENERAL DESCRIPTION OF SUBDIVISION:
Number of Lots or Rental Spaces �_ Total Acreage in Subdivision �lZ�
Total Acreage in Lots Minimum Size of Lots or Spaces
Total Acreage in Streets or Roads 0 q3 Maximum Size of Lots or Spaces(D
Total Acreage in Parks, Open Spaces and/or Common Areas 1. �
PROPOSED USE(3) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family 'Townhouse
Duplex Apartment
Mobile Horne Park
Recreational Vehicle Park
Commercial industrial Punned Unit Development
Condominium. Multi -Family other
APPLICABLE ZONING DESIGNATION 8s DISTRICT V. -3
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS
IMPROVEMENTS TO BE PROVIDED,
Roads: Gravel Paved k--� curb --� Gutter '*� Sideways � alleys Other
Water System: Individual Multiple User Neighborhood Public +---' other
Sewer System: Individual Multiple User Neighborhood Public .,--'Other
Other Utilities: cable TAT Telephone Electric �=Gas ether
Solid Waste: Horne Pick Up central. Storage Contract " Hauler L- Owner Haul
Mail Delivery: central In `vidual School District:L;z�-r.
Fire Protection: Hydrants Tanker Rech.ar e Fire District:
Drainage System: �. r -6.4�m
PROPOSED EROSION/ SED MENTATION CONTROL: z,It VC
Eta maarusainu 'j, L" i:X!;,. I AACA.) (Q d I M - t
fis - - ov�- comf��
�
0 (V'A
G
V CES: ARE ANY VARIANCES REQUESTED? NO (yes/no) If yes,
please complete the information below:
SECTION OF REGULATIONS CREATING SHIP:
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE
WITH REGULATIONS
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE
REGULATIONS:
F
PLEASE ANSWER, THE FOLLOWING QUESTIONS IN THE SPACES PROVE3ED
BELOW*
I Will the granting of the variance be detrimental to the public health, safety or
general welfare or injurious to other adjoining praR,erties?
2. Will the variance cause a substantial increase in public costs?
N / I+
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? h�
S. What other conditions are unique to this property that create the need for a
variance? . r .
3
APPLICATION CONTENTS:
The subdivider shall submit a complete application addressing items below to the
Kalispell Planning Department at least thirty fire (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 I I" x 17" in size.
5. Application. fee.
6. Adjoining Property owners List (see example below and attached notice
from county Plat Room) :
Assessor# Sec-Tatra,-R Lot/Tract No Prove Owner & Mailing Address
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be untrue, I understand that any approval
based thereon may be rescinded, and other appropriate action taken. The signmn g 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.
Ophcant)
// /
(Da e)
2UNITED STATES
POSTAL SERVICE
Date: November 14, 2006
To: city of Kalispell Planning Department
17 2nd Street E Ste 211
Kalispell, MT 59901
RE: 60 Denver Ave
Comments to Kalispell City Planning Board:
KALISPELL PLANNIM DEPARTMENT
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 1-406-755-6450.
CADocuments and SettingsWl Users\Documents\Susii's Other Stuff Growth Management\Comments to Kalispell Planning Dept Master_doc
PREL IMINA R Y FLA T Of #70 R6811bdA4510n of Lot 9 of
AfINOR SUBDI VISION PLA T HU&fBER 117
NE //4 NW //4 Section /9, T. 28 A/., R. 2/ W.,
Principal Meridian, F/otheod County, Montano
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CERTIFICATION
.JA UARY 2007 - PLANNING BOARD
APPLICANT: Re sub of Lot 1, Minor Subdivision # 117
FILE NO: KPUD-06-08 & KPP-06-1 S
I, the undersigned certify that I did this date mail via CERTIFIED Mail a
copy of the attacked notice to the following list of landowners ad�oining the
property lines of the property that is requesting a preliminary plat and
planned unit development.
Date:
3-RT-R. 19-28-21
Lot/'tracts# Lot 1, Minor Subdivision. # 117
Property Owner/Mail Address:
Violence Free Crisis Line
Attn: Janet Cahill
P.O. Box 1401
Kalispell, MT 59903
Alex Hasson
P.O. Box 401
Kalispell, MT 59903
Montana Mapping Associates
1405 Highway 2 Nest
Kalispell, MT 59901
AND ATTACHED LIST
Violence Free Crisis Line Alex J. Hasson Montana Rentals, LLC
P.O. Box 1401 1415 Berne Road 104 W. Bluegrass Drive
Kalispell, MT 59903--1401 Columbia Falls, MT 59912 Kalispell, MT 59901
Daniel & Cheryl Edlund Thomas & Patricia Fulton Sandra Motzko
19712 Highridge Way 104 Heritage Drive 805 Ashley Drive
Trabuco Canyon, CA 92679 Bozeman, MT 59715 Kalispell, MT 59901
Kenneth & Marina Sunell Christopher & Amy Gendreau Beverlee Stuewe
807 Ashley Drive 809 Ashley Drive 811 Ashley Drive
Kalispell, MT 59991 Kalispell, MT 59901 Kalispell, MT 59901
Terry Aurich Wayne Sakariason Trust Bernadine Breslaw
114 Sunny Court P.O. Box 981 115 Sunny Court
Kalispell, MT 59901 Kalispell, MT 59903-0981 Kalispell, MT 59901
Robert 8, Penny Brintvn Jessica Harman ,.Janine Lopez.
117 Sunny Court 903 Ashley Drive 905 Ashley Drive
Kalispell, MT 59991 Kalispell, MT 59901 Kalispell, MT 59901
Philip S. Stephanie Jackson Ryan 8. Barbara Marty Living Tr Janet Roberts
2129 Teal Drive 2322 Houston Point Drive 100 Santa Fe Street
Kalispell, MT 59901 Whitefish, MT 59937 Kalispell, MT 59901
James 8& Leila Lockwood Scott Kirchoff Joel & Tracy Elmore
102 Santa Fe Street 104 Santa Fe Street 106 Santa Fe Street
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Bruce 8v Gayanne Schomer Michael Harris Eric & Janice Sutter
115 Boise Avenue 111 Santa Fe Street 109 Santa Fe Street
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Kathleen Lusk Jeffrey 8s Rachel Marti
Duane K. Enger
107 Santa Fe Street 105 Santa Fe Street C / C Sun Trust Mortgage
Kalispell, MT 59901 Kalispell, MT 59901 P.O. Box 85188
P P Richmond, VA 23285
Eugene & B. Kai Burns Carol Bealer Brian & Mikki Wiley
110 Denver Avenue 612 W. Main Street P.C. Box 7841
Kalispell, MT 59901 Cut Bank, MT 59427 Kalispell, MT 59904
Christy Peeples Marls Topp Kathy Bland
42 Denver Avenue P.O. Box 9756 32929 Lancaster
Kalispell, MT 59901 Kalispell, MT 39904 Warren, MI 48088
Harry Bear
816 Sunnyside Drive
Kalispell, MT 39901
Northwestern Investments, LP
c / o Deborah Willis
400 Marco Day Road
Somers, MT 59932
James Battee
P.O. Box 2617
Kalispell, MT 39903-2617
Steve Heller
P.O. Box 2793
Kalispell, MT 59903- 2793
City of Kalispell
Planning Department
17 - 2d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1550
Fax: (406) 751-1858
QVebsite: kalispellplanning.com
You are being sent this notice because you are a property owner within 150 feet of the
proposed project noted belay 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
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
JANUAR"'Y'' 9 , 2007
The regular meeting of the Kalispell City Planning Board and Zoning Commission is
scheduled for Tuesday, January 9, 2007 begin ni0ng at 7:00 PM in the Kalispell City
Council chambers, Kalispell city Hall, 312 First Avenue East, Kalispell. The pla.nrung
board will hold a public hearing and take public comments on the following agenda
items. The Board will mare 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 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 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 zonitzg 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 60 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., Mange 21 West.
Documents pertal- g to the agenda items are on file for public inspection at the
Kalispell Planning Department, 17 Second Street East, Suite 211, Kalispell, SIT 59901,
and are available for public review during regular office hours.
Interested persons are encouraged to attend the hearing and mare their views and
concerns known to the Board. written comments may be submitted to the Kalispell
Planan g 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 p1ammnka1ispell.com for additional
information.
No. 11317
NOTICE OF PUe�--f
HEARING
KALISPELL CFiY
PLANNING BOARD
AND ZONING CL.-Jtvi-
MISSION
JANUARY 9, 2007
The regular meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uled 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-
lispeil 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 5
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,
Range 22 West.
?. A request by Abigail
Fredrick for a planned
unit development (PUD)
zoning district and pre-
liminary plat approval of
the Resuhdivision of Lot
Minn,, Subdivision
#11 7 on . pproximateiy
:acres, he property
'ias recently been an-
,- d tnto the city with
,hie P-3 turban Single
F-,:rnily Residential) zon-
En,.. istrict. The owner is
a PU❑ zon-
4 ig diutrict on the prop-
�, zo allow reduced lot
yt - --s in R-3 zoning
ict and a preliminary
plat to create 7 iots
ranging in size from
u.600 square feet to
''9, 540 square feet. The
�,iooerty fs 'ac.atad on
,both the .-,- 7t ,,na west
ty� addressed as 60
Denver Avenue. The
property can be descri-
bed as Lot 1 of Minor
Subdivision Plat Num-
ber 117 located in the
NW 114 of Section 19,
Township 28 North,
Range 21 Test.
Documents pertaining
to the agenda items are
ton file for public inspec-
tion at the Kalispell
Planning De-partment,
17 Second Street East,
Suite 211, Kalispell,. MT
59901, and are availa-
b,le for public review
during regular office
hours.
Interested persons are
encouraged to attend
th,e- hearing and make
their views and
t. known to the
B'd.a-rd '. 'rive n c a m -
ments may. be submit-
ted -to the, Kalispell Plan-
ning Department at the
above. address, p rio r to
the date of the hearing,
or you may call us at
(406) 751-1850, or e-
mail us at planning @ ka-
lispell.cnm for additional
information.
/s/Thomas R. Jentz
Thomas R. Jentz
Planning Director
STATE OF MONT.ANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
RICHELLE BROUWER BEING DULY
SWORN, DEPOSES .AND SAYS: THAT SHE IS THE
LEGAL CLERK of THE DAILY INTER LAIVX A
DAILY NEWSPAPER OF GENERAL CIRCULATION,
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY of FLATHEAD,
STATE of MONT.ANA, AND THAT No. 11317
LEGAL AD VER.TISMENT WAS
PRINTED AND PUBLISHED IN THE REGULAR. AND
ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND
EVERY COPY THEREOF ON THE DATES OF
.DEC 24, 2006
December 24, 2006 AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE MINIMUM
GOING RATE CHARGED To ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FOR THE SAME NUMBER of INSERTIO.
,G1
' V�,\v Y M y
Subscribed and sworn to
Before me this DECEMBER 26, 20,06 • Seal y
Notary Public for the State of Montana
Residing in Kalispell
My Commission expires 9/1 ilo9
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