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03. Presentation - Annexation, Initial Zoning and Preliminary Plat - Ashley Park Phase 9RE1?ORT TO: FROMO -- 1- MEETING DATE: City of Kalispell Planning Department 17 - 2°d Street East, Suite 211 Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellptanning. com Kalispell Mayor and City council Sean Conrad, Senior Planner James H. Patrick, City Manager Somers Land LLC. - Annexation and Initial Zoning of R-4, Two --Family Residential June 4, 2007 BACKGROUND: The Kalispell city Planning Board met on May 8, 2007 and held a public hearing to consider a request for annexation and an initial zoning designation. of R-4, Two Family Residential, on approximately 8.8 acres. The property proposed for annexation is located at the end of Pintail Drive approximately 100 feet south of the intersection of Pintail Drive and Merganser Drive. The property can be described as a portion of Tract 4 in the SW '/4 of the SE 1J4 of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead county, Montana. Planning staff presented staff report #KA-06-1 5 and evaluated the proposal. Plan=g staff also noted the proposed subdivision plans for the property and that staff is recommending approval of the proposed R-4 zoning. At the public hearing Erica wirtala of Sands Surveying spoke in favor of the zone change. No one else wished to speak on the requested R-4 zoning district. The board discussed the density allowed under the R-4 zoning and whether it was appropriate or not at this particular location. A motion was made to recommend approval of the proposed R-4 zoning upon annexation to the city which was approved unanimously. RECOMMENDATION, A motion to approve the resolution annexing the property and a motion to approve the first reading of the ordinance for initial zoning would be in order FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Somers Land LLC - Annexation and Initial Zoning of R_2 May 30, 2007 Page 2 Respectfully submitted, Sean Conrad Senior Planner Report compiled: May 30, 2007 Attachments: c: Theresa White, Kalispell City Clerk s -- ,', games H. Patrick City Manager KA-07-02 Ashley Park Phase 9 Annexation Cost of Services Analysis (Residential) Once annexed to the City, full City services will be made available to the property owner. Any necessary infrastructure associated with a future development will be required to be constructed in accordance with the City of Kalispell}s Design and Construction standards and any other development policies, regulations or ordinances that may apply. Number of Dwelling Units proposed to be annexed 34 residences Estimated Increase in Population: (based on US Census Figure of 2.2 per household) 75 1. Cost of Services Per capita costs • Fire: $68.84 per person per year. Additional costs to the fire department • Police: $110 per resident per year. Additional costs to the police department Administration: $39.48. Additional cost to administration • Solid Waste: Additional cost to solid waste • Roads: $193.56 per dwelling unit Additional cost in road maintenance 75 x 68.84 = $ 5,163 75 x 110.00 = $ 8,250 75 x 39.48 = $2,961 (none for five years) _ $ 0 • Water: $221.21 per ERU (Equivalent Residential Unit) Additional cost in water line maintenance • Severer: $329.64 per ERU Additional cost in surer maintenance Storm crater: $72.68 per ERU Additional cost in storm maintenance Total Anticipated Cost of Services; 34 x 193.56 =$ 62581 34 x 221.21 = $77521 34 x 329.64 = $11 ,207 34 x 72.68 = $2,471 $44,154 1 2. Assessment revenue based on s ware foots e: Avers e square foot perjot; l l,000 square feet • Storm sewer assessment $0.004480 per square foot (capped at 1I2 acre for residential) Revenue - storm sewer assessments: 34 x 11 ,000 sq. ft. x $0.004480 = $1,675 • Street maintenance assessment $0. 0 10 1 per square foot (capped at 1/2 acre for residential) Revenue -street maintenance assessments 34 x 11,000 sq. ft. x $0.0 101 = $ 3,777 • Urban forestry assessment $0.00135 per square foot (capped at $150 for residential) Revenue -urban forestry assessments 34 x 11,000 sq.ft. x $0.00135 = $ 504 cap • Special Assessments: There are no special assessments. _ $ 0 • Light maintenance assessment $0.003 per square foot (no cap) Revenue - light maintenance assessment 34 x I I,00o sq.ft. x $0.003 - 1 122 Total Anticipated Revenue From Assessments: $7,078 3. Tax revenue , • Assessed value per property: $ 225,000/house Total assessed value: 34 x 225,000 = $ 7,650MO Total taxable: 7,650,000 x 0.03543 = $ 271,039 Total revenue based on 170 mill levy: $271,039 x 0.170 476 Total anticipated Revenue from Property taxes: $46,3076 4. Impact fees revenue: • Water system impact fee $2,155 per residence Revenue -water system impact fee upon hook up (Note that they may not initially hook up to city) • Wastewater impact fee $2,433 per ERU (A single family home is (I) ERU) Revenue -wastewater impact fee upon connection (Note that they may not initially hook up to city) • Storm water impact fee $1,092 per ERU (A single family home is (1) ERU) Revenue - existing development 34 x $2,155 =$ 731270 34 x $2,433 =$ 82,722 34 x $1,092 =$37, 128 • Police impact fee $43 per single family residential unit Revenue -existing development • Fire impact fee $533 per unit (single family residential) Revenue -existing development Total Anticipated Revenue From Impact Fees: 11T[TE SUMMARY Total assessment and taxable revenue to the City (Items 2 8s 3) Less costs of services to the city (item 11 Net annual revenue to the city One Time Impact Fee Payment to the City (Item 4) 34 x $43 = $1,462 34 x $533 = $18,122 $212-1704 $ 53,154 $44,154 $ 9,000 $212,704 NOTE: This information is based upon assumptions regarding building valuations and does not tape into consideration the build -out time or changes in methods of assessment and estimated costs associated with services. This information can only he used as a general estimate of the anticipated cost of services and revenue. Additionally, the impact fees are based on an assumption that water and sewer impact fees will be paid at the time of hook up for the existing house and that storm water, police and fire impact fees are payable at the time of annexation of an existing residence. City of Kalispell Planning Department I7 - 2 d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com May 30, 2007 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Somers Land LLC -- Annexation and Initial zoning of R-4 Dear dim: The Kalispell city Planning Board met on May 8, 2007 and held a public hearing to consider a request for annexation and an initial zoning designation of R-4, Two Family Residential, on approximately S . S acres. The property proposed for annexation is located at the end of Pintail Drive approximately 100 feet south of the intersection of Pintail Drive and Merganser Drive. The property can be described as a portion of Tract 4 in the SW 1 4 of the SE 1/4 of Section 19, Township 28 North, Range 21 west, P. M . M . , Flathead County, Montana. Sean Conrad of the Kalispell Planning; Department, presented staff report #KA-06--15 and evaluated the proposal. He noted the proposed subdivision plans for the property and that staff is recommending approval of the proposed R-4 zoning. At the public hearing Erica wirtala of Sands Surveying spore in favor of the zone change. No one else wished to speak on the requested R-4 zoning district. The board discussed the density allowed under the R-4 zoning and whether it was appropriate or not at this particular location. A motion was made to recommend approval of the proposed R-4 zoning upon annexation to the city which was approved unanimously. Please schedule this matter for the dune 4, 2007 regular Kalispell City Council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Somers Land LLC Annexation and Initial Zoning May 30, 2007 Page 2 Sincerely, Kalispell City Planning Board Timothy Norton President Attachments: Exhibit A —Petition to Annex Staff report #KA-06-15 and application materials Draft minutes from the 5 / 8 / 07 planning board meeting c w% Att. Theresa White, Kalispell City Clerk c w/o Att: Somers Land Company 1995 3rd Avenue East Kalispell, MT 59901 Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 PETITION ND.. PON TO ANNEX. AND NOTICE OF VATBDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real progeny described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and fuurther described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of ispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the cipality. Petitioners) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are m' agreement as to the provision of municipal services to the property requested to be annexed. The Petitioners) der herein express an intent to have the property as herein described withdrawn from. the SOUTH KALI PELL Dural Fire District under the provisions of Section 7- 33-2127, Montana. Code Annotated; and that incorporated into thfs Petition tea Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell} the propertyslnarll be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further.agree(s) that this covenant shall run to, with, and be binding upon the tide of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. Petitioner/Owner Petitioner/der Please return this petition. to: .Kalispell Planning Office 17 2 St Ewt, Suite 211 �ispell MT 59901 NOTE: Attach Exhibit A STATE OF MQNTANA � ss County of Flathead County On this 1P day of & wtbebefore me, the undersigned, a Notary Public for the State of Montana, personally appeared i 5_-�. ��R .��i� Dawn to me to be the person whose name is subscribed to the foregoing instrument. and acknowledged to me thai he/she executed the same. IN WITNESS WHEREOF, I have hereunto set m hand and affixed my Notary Seal the day and year in this certificate first above, written. ' T�� potary �Public,, State of Montana * orsxcaL � ��t Residing at K&Ljppdt � My Commission expires: I'YlQ_ U�t $�_ 00 301: DESCRIPTION A. TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P . M . , M . ,. FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: I BEGINNING at the northeast corner of the Southwest Quarter of the Southeast Quarter of Section 19, Township 28 North, Mange 21 West, P.M. ,M. , Flathead County, Montana which is a found iron pin.- Thence along the east boundary of said SW1/4SE1/4 S00008' 5211E 1022.25 feet to a found iron pin; on the easterly R/W of the Burlington Northern railroad; Thence along said R/W N36° 44 f 4-7"W 1260.43 feet to a found iron pin on the north boundary of said SW1r4SE1/4 and the south boundary of Ashley Park Phase 7; Thence along said boundary N8 9 ° 0 3 ' 5 2 "E 751.55 feet to the point of beginning and. containing 8.818 ACRES; Subject to and together with all appurtenant easements of record. Kalispell Planning Office 17 Second St East, Suite 211 D E C E 0 Kalispell, MT 59901 .Phone: 0 751-1850 .Fax: (406) 751-185S _ = 3 u PETITION FOR ANNEXATION AND INITIAL ZONING CITY OF KALISPELL NAME OF APPLICANT: SOMERS LAND COMPANY MAIL ADDRESS: 1995 3"' Ave East 11 KALISRELI PLANNING DEPARTMENT CITY/STATE/ZIP: KALISPELL MT 59901 PHONE: 257 1 2 INTEREST IN PROPERTY: DEVELOPER Other Parties of Interest to be Notified: PARTIES OF INTEREST: aANDS SURVEYING, INC MAIL ADDRESS: 2 VILLAGE LOOP CITY/STATE/ZIP: KALISPELL MT 59901 PHONE: 755-6480 INTEREST IN PROPERTY: TECHNICAL SUPPORT PLEASE COMPLETE THE FOLLOWING41 . Address of the property: N T ADDRESSED AS OF YET Legal Description.- A portion of TrgSt 4 in the ''fry 1/4 SE114 of Section 19 T N RZ j.W (Lot and Block of Subdivision; Tract #) See attached for metes and bounds Exhibit A (Section, Township, Range) (Attach metes and bounds as Exhibit A) The present zoning of the above property is: C4LlNTY R-4 The proposed inning of the above property is: KALISPELL R-4 State the changed or changing conditions that make the proposed amendment necessary: THE PROPERTY IS ADJACENT TO KAI.ISPELL CITY LIMIT8-THE DEVELOPER WOULD LIKE TO UTILIZE CITY WATER AND SEWER FOR HIGHER DENSITY 'DEVELOPMENT. The signing of this application signifies that the foregoing information is true and accurate based upon the Est information available and fiarther grants approval for Tri-City Planning staff to be present on the pro ty..£cw routine inspection during the annexation process. (Applicant) (Date) City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com REPORT TO10 . Kalispell Mayor and City Council FROIVE Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT. Preliminary Plat request for Ashley Park Phase 9 Subdivision FETING DATE: June 4, 2007 BACKGROUND: The Kalispell City Planning Board met on May 8, 2007 and held a public hearing to consider a request for the preliminary plat of Ashley Park Phase 9. The preliminary plat request includes platting 34 lots, 10 single family residential lots and 24 townhouse lots, on an 8.8 acre site. The property is located at the end of Pintail Drive approximately 100 feet south of the intersection of Pintail Drive and Merganser Drive. The property can be described as a portion of Tract 4 in the SW 1/4 of the SE 1/4 of Section 19, Township 28 North, Range 21 West, P.M.M. , Flathead County, Montana. Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-06-10 and evaluated the proposal. He noted the proposed location of the access roads and recommended conditions of approval. He also informed the plannmg board that the Public Works Department was recommending condition 10 be amended to only require a 10-foot Wide public utility easement instead of the recommended 60-foot wide road and utility easement. Mr. Conrad recommended the planning board consider revising the condition as follows: 10. A 10-foot Wide public utility easement shall be dedicated to the City of Kalispell from the edge of the road right-of-way for Pintail Court east to the eastern boundary of the subdivision site. The 10 �- - foot Wide public utility easement shall be located in the general area of lots 7A and 7B. ,1.. At the public hearing Erica Wirtala of Sands Surveying spoke in favor of the subdivision. She noted three conditions which the developer had a concern about, conditions 4, 9, and 13. Condition 4 requires a noise study be completed by the developer and mitigation measures be completed to lower the noise level on the proposed lots due to the proximity of the highway bypass. Ms. Wirtala suggested that MDT should be responsible for completing the noise study and that sound mitigation installed by MDT in other locations to the north of the subdivision site Will help m'igate the noise levels on this property. She asked the board to revise this condition in accordance With her comments. Recommended condition 9 requires a 1 o-foot developer's latecomers reserve easement shown on the preliminary plat be removed. Ms. Wirtala stated that the 'unproved road and accompanying right-of-way to the east will be mostly for the benefit of the adjoining property owner and the developer felt a latecomer's fee for 10 feet would not be unreasonable to expect. She asked the board to leave the 1 o--foot latecomers reserve easement on the plat. Condition 13 requires a bike/pedestrian path easement be 1 2-feet wide with a to -foot wide bike/pedestrian path constructed within the easement. Ms. Wirtala stated that typically the bike/pedestrian paths that are constructed are 8 feet inn Width and are constructed within a 10 foot easement. She asked the board to consider revising this condition accordingly. Pete Wessel spoke in regards to the noise study and suggested that the planning board should have the study completed before they act on the preliminary plat. With a completed noise study the board can review the preliminary plat along with the recommended mitigation measures to reduce the noise impacts from the highway bypass. He also suggested that the city may not be pleased with a series of sound walls along the new bypass which are needed due to the higher density permitted along portions of the bypass. No one else wished to spear on the requested subdivision. The board discussed the proposed subdivision and felt that condition 4, requiring a noise study, and Condition 9, requiring the removal of the 10 -foot latecomers reserve easement, should remain as recommended by staff. The planning board did amend Condition 13 to address the developers concerns as follows" 13. A bike / pedestrian path easement, 1 2-feet wide, shall be shown on the final plat in the gene rat area of lots 17 and 18 and 1 oA and 10B. a. A bike/pedestrian path shall be constructed from the edge of the sidewalks along Pintail Court and Mallard Court and extend west to the western boundary of the subdivision. b. The bike/pedestrian path shall be a mirYimum width of 4-0 S feet. C. The 4-G 8-foot bike/pedestrian path shall be included in the infrastructure plans reviewed by the Public Works Department. A motion was made to recommend approval of the proposed subdivision subject to the 27 conditions in the staff report with amendments to Condition 10 as recommended by staff and Condition 13 as recommended by the planning board. The motion passed unanimously. RECOMMENDATION: A motion to approve the preliminary plat With the 27 conditions as recommended by the planning board would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Sean Conrad Senior Planner Report compiled May 30, 2007 James H. Patrick City Manager Attachments: Transmittal letter Exhibit A (conditions) Staff reports #KPP-06-16 and application materials Draft Minutes 5/8/07 planning board meeting c: Theresa White, Kalispell City Clerk City of Kalispell Planning Department 17 - 2"d Street East, suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com May 30, 2007 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Preliminary Plat request for Ashley Park Phase 9 Subdivision Dear Jim: The Kalispell City Planning Board met on May 8, 2007 and held a public hearing to consider a request for the preliminary plat of Ashley Park Phase 9. The preliminary plat request includes platting 34 lots, 10 single family residential lots and 24 townhouse lots, on an 8.3 acre site. The property is located at the end of Pintail Drive approximately 100 feet south of the intersection of Pintail Drive and Merganser Drive. The property can be described as a portion of Tract 4 in the SW 1/4 of the SE 1/4 of Section 19, Township 28 North, Range 21 West, P. M. M . , Flathead County, Montana. Seams. Conrad of the Kalispell Planning Department, presented staff report #KPP-06-16 and evaluated the proposal. He noted the proposed location of the access roads and recommended conditions of approval. He also informed the planning board that the Public Works Department was recommending condition 10 be amended to only require a 10-foot wide public utility easement instead of the recommended 60-foot wide road and utility easement. Mr. Conrad recommended the planning board consider revising the condition as follows: 10. ' ' A 10-foot wide public utility easement shall be dedicated to the City of Kalispell from the edge of the road right-of-way for Pintail Court east to the eastern boundary of the subdivision site. The 10 �-�- foot wide public utility easement shall be located in the general area of lots 7A and 7B. ,At. ' ' . At the public hearing Erica Wirtala of Sands Surveying spoke in favor of the subdivision. She noted three conditions which the developer had a concern about, conditions 4, 9, and 13. Condition 4 requires a noise study be completed by the developer and mitigation measures be completed to lower the noise level on the proposed lots due to the proximity of the highway bypass. Ms. Wirtala suggested that MDT should be responsible for completing the noise study and that sound mitigation installed by MDT in other locations to the north of the subdivision site will help mitigate the noise levels on this property. She asked the board to revise this condition in accordance with her comments. Recommended condition 9 requires a 1 0-foot developer's latecomers reserve easement shown on the preliminary plat be removed. Ms. Wirtala stated that the improved road and accompanying right-of-way to the east will be mostly for the benefit of the adjoining property owner and the developer felt a latecomer's fee for 10 feet would not be unreasonable to expect. She asked the board to leave the 1 o-foot latecomers reserve easement on the plat. Condition 13 requires a bike/ pedestrian path easement be 12-feet wide with a 1 o-foot wide bike/pedestrian path constructed within the easement. Ms. Wirtala stated that typically the bike / pedestrian paths that are constructed are S feet in width and are constructed within a 10 foot easement. She asked the board to consider revising this condition accordingly. Pete Wessel spoke in regards to the noise study and suggested that the planning board should have the study completed before they act on the preliminary plat. With a completed noise study the board can review the preliminary plat along with the recommended mitigation measures to reduce the noise impacts from the highway bypass. He also suggested that the city may not be pleased with a series of sound galls along the new bypass which are needed due to the higher density permitted along portions of the bypass. No one else wished to spear on the requested subdivision. The board discussed the proposed subdivision and felt that Condition 4, requiring a noise study, and Condition 9, requiring the removal of the 1 o-foot latecomers reserve easement, should remain as recommended by staff. The planning board did amend Condition 13 to address the developers concerns as follows" 13. A bike/pedestrian path easement, 12-feet wide, shall be shown on the final plat in the general area of lots 17 and 18 and 1 oA and 10B. a. A bike/pedestrian path shall be constructed from the edge of the sidewalks along Pintail Court and Mallard Court and extend west to the western boundary of the subdivision. b . The bike/pedestrian path shall be a minimum width of 4-0 8 feet. C. The 4-0 8-foot bike/pedestrian path shall be included in the infrastructure plans reviewed by the Public Works Department. A motion was made to recommend approval of the proposed subdivision subject to the 27 conditions i.n the staff report with amendments to Condition 10 as recommended by staff and Condition 13 as recommended by the planning board. The motion passed unanimously. Please schedule this matter for the June 4, 2007 regular Kalispell City Council meeting. You may contact this board or Sean Conrad at the Kalispell Plannin g Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board J Timothy Norton President Attachments: Exhibit A Staff reports #KPP-06- 16 and application. materials Draft Minutes 5 / 8 / 07 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att.- Somers Land Company 1995 3rd Avenue East Kalispell, MT 59901 Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 FAXIMIT A ASHLEY PARK PHASE 9 SUBDjLVISION PLAT CONDITIONS OF APPROVAL AS RECOA MENDED BY THE KALISPELL CITY PLANNING BOARD MAY S, 2006 The Kalispell City Planning Board recommends to the Kalispell City Council that the preliminary plat for Ashley Park Phase 9 subdivision be approved subject to the following conditions: General Conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C -- Final Plat) 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell, Subdivision Regulations, Section 2.04). 3. Prior to an excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and Findings of Fact Section C) Prior to final plat: 4. A noise study shall be completed prior to the final plat approval. The noise study shall show how a noise level of 60 dBA at the western property boundary of the subdivision can be achieved. The proposed mitigation measures contained in the noise study shall be reviewed and approved by city staff and implemented prior to final plat approval. Note: This condition may result in the loss of one or more of the proposed lots shown on the preliminary plat. Reasonable bike and pedestrian access shall be provided from the subdivision site to the bike path located along the fixture highway bypass. (Findings of Fact Section A) S. 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. (Kalispell Design and Construction Standards, project proposal) 6. 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) 7. The developer shall submit to the Kalispell Public Works Department for review and approval, a storrnwater 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) 8. 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) 9. Mallard Drive shall be improved as follows: a. A 60--foot wide public road and utility easement shall be shown on the final plat and extend to the eastern boundary of the subdivision. b. New infrastructure including but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks shall be installed to the eastern boundary of the subdivision. c. The 10-foot developers latecomers reserve easement shall be removed. (Findings of Fact Section D) 10. A 10-foot wide public utility easement shall be dedicated to the City of Kalispell from the edge of the road right-of-way for Pintail Court east to the eastern boundary of the subdivision site. The 10 foot wide public utility easement shall be located in the general area of lots 7A and 7B. (Kalispell Planning Board) 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 lire flows shall be installed per City specifications at approved locations. Minimum lire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance 10-8. e. street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking fire lane." 12. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parrs and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11) 13. A bike / pede strian path easement, 12 -feet wide, shall be shown on the final plat in the general area of lots 17 and 18 and 10A and 1 oB . C. A bike/pedestrian path shall be constructed from the edge of the sidewalks along Pintail Court and Mallard Court and extend west to the western boundary of the subdivision. d. The bike/pedestrian path shall be a minimum width of 8 feet. e. The 8-foot bike/pedestrian path shall be included in the infrastructure plans reviewed by the Public Works Department. (Findings of Fact Section A) 14. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland equal to 1.02 acres of land. The payment shall be based on the fair market value of undivided, unimproved land. (Kalispell Subdivision Regulations, section 3.19 and Findings of Fact Section D) . 15. 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) 16. 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) 17. Prior to filing the final plat a letter from the US Postal service shall be included stating the Service has reviewed and approved the design and location of the mail delivery site. The maill 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) 18. 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)) 19. A geotechnical report shall be provided to the building department at the end of the site grading showing the areas where fill material has been utilized and have been properly compacted. (Findings of Fact Section A) 20. A note shall be placed on the final plat prohibiting the installation of basements within the subdivision. (Findings of Fact Section C) 21. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric pourer, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature (Kalispell. Subdivision Regulations, Section 3.18(E)) 22. A homeowners association for the subdivision shall be created that includes a provision for the maintenance of the bike paths, stormwater pond, and the open space areas within the subdivision. The maintenance provisions in the homeowners association shall include mowing or trimming the grasses within the common area to reduce the fire hazard and spread of noxious weeds. (Findings of Fact Sections A and C) 23. The developer shall install landscaping along the east side of the utility site shown on the preliminary plat. The landscaping shall be installed between the sidewalk and security fencing for the site. The landscaping shall consist of bushes or shrubs with a minimum mature height of 6 feet. The landscaping plan shall be reviewed and approved by the Kalispell Parks and Recreation Department and Kalispell Planning Department. (Findings of Fact Section D) 24. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat approval. (Findings of Fact Section A) On .going conditions: 25. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 26. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 27. All sublots shown the final plat shall be restricted to townhouse development. (Findings of Fact Section G) SDMERS LAND LLG REQUEST FOR INITIAL ZONING OF R-4, UPON ANNEXATION STAFF REPORT #KA-06-15 REQUEST FOR R ASHLEY PARK PHASE 3 SUBI]S ION STAFF REPORT # KPP-06-16 KALISPELL PLANNING DEPARTMENT APRIL 25, 2007 A report to the Kalispell City Planning Board and the Kalispell City Council regarding an initial zoning designation of R-4 upon annexation to the city of Kalispell and a subdivision to create 34 residential lots. A public hearing has been scheduled before the Kalispell City Planning Board for May 8, 2007 beginning at 7:00 PM, to consider appropriate zoning for the property to be annexed and the subdivision request. The planning board will forward a recommendation to the Kalispell City Council for consideration. BACKGROUND INFORMATION The proposed project is the ninth phase of the Ashley Park development. The previous eight phases were granted preliminary plat approval in May of 1994. The entire project received the R-4 (Two Family Residential) zoning district at the time the preliminary plat of Ashley Park phases 1-8 was approved. The first phase of the Ashley Park subdivision received final plat approval in 1994. Phase eight received final plat approval in February of 2006. This staff report will address both requests, initial zoning and preliminary plat, that the owner is requesting for phase 9. Each request will be reviewed with a recommendation and a set of conditions at the end of the report beginning on page 13. A. Petitioner and Owners. Somers Land Company 1995 3rd Avenue East Kalispell, MT 59901 (406) 257-1602 Technical Assistance: Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 (406) 755-6450 B. Location. and Legal Description of Property: The property proposed for annexation is located at the end of Pintail Drive approximately 100 feet south of the intersection of Pintail Drive and Merganser Drive. The property can be described as a portion of Tract 4 in the SW 1/4 of the SE 1I4 of Section 19, Township 23 North, Range 21 West, P.M.M., Flathead County, Montana. C. E fisting zoning: The property is currently in the County zoning jurisdiction and is zoned County R-4. The County R-4, Two Family Residential zoning district, allows single-family homes and duplexes as permitted uses and has a rMnImurn lot size requirement of 6,000 square feet for a single-family residence and 7,500 square feet for a duplex. Areas with an R.-4 zoning designation would typically be located in an urban setting with full public services and utilities. D. Proposed Zoning: City R-4, Two -Family Residential, has been proposed for the property. The R-4 zoning district allows both single-family residences and duplexes as permitted uses. The m ' um lot size for the district is 6,000 square feet and a minimum lot width of 50 feet with setbacks of 15 feet in the front, 10 feet in the rear and five feet on the sides. �. Size: The area proposed for annexation and zoning contains approximately s. S acres. F. Existing Land Use: The property is currently vacant. G. Adjacent Land Uses and Zoning: the area is located on the urban fringe of the city with City R-4 zoning immediately north with lots developed with both single family and duplex homes. To the east are vacant tracts of land as well as smaller lots developed with single family residences and a junk yard. south and west of the site is the future Highway 93 Bypass. North: Residential; City R-4 zoning East: single-family homes and commercial business; County R-1 and County 1 -1 zoning districts South: Future Highway 93 Bypass; County R--1 zoning West: Future Highway 93 Bypass; County R 1 zoning H. General Land Use Character: This site is in somewhat of a mixed use area generally characterized as residential with single --family and townhouse neighborhoods to the north and east with vacant lands to the south and west. A commercial junk yard is located east of the site. I� Availability of Public Services and Extension of Services: Public services, including water and sewer are currently available to the north of this site in the Ashley Park subdivision. EVALUATION BASED CAN STATUTORY CRITERIA 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 70_2--304, M.C.A. 1. Does the requested zone comp1 with the Master Plan' The property is designated by the Kalispell Growth Policy 2020 as "Urban Residential" which is defined as anticipating three to twelve dwellings per acre. Because of the plans for the provision, of public sewer to the site, the proposed R- 4 zoning designation is in compliance with the growth policy designation. The R- 4 zoning has a n nimum lot size requirement of 6,000 square feet, which would provide an anticipated density compatible with the growth policy designation.. Typically, an R-4 zone would provide S single-family residential units or up to 10- 1 2 duplex or townhouse units per gross acre. The owners have submitted a subdivision application in conjunction with the request for annexation and initial zoning. The proposed subdivision would create 10 single family residential lots and 24 townhouse lots on the 8.3 acre site. This would provide an overall density of 3.9 units per acre which is within the range of allowable dwelling units per acre in the Urban Residential Growth Policy designation. 2. Is the requested zone designed to lessen congestion in the streets? It can be anticipated that the proposed development of the property that wiH be associated with the zoning will increase traffic impacts in the area due to the relatively lour density of the area currently. The proposed zoning carries with it the checks and balances, including the need for review, which will insure that traffic flours and access are appropriately addressed. The potential densities afforded by this zone will not overtax the existing City road system in the immediate area. 3. Will the re uested zone secure safetKfrom fire-,...anic and other dangers? Adequate access and public facilities would be made available to the site 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 water and sewer will be extended to the property. 4. Will the re uested zone promote the health and general welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties and provide a place for new housing in the community. 5. will the re uested zone provide for adequate li ht and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. will the re uested zone prevent the overcrowding of land? As previously noted, this area has been anticipated for residential development and has, in fact, developed in that manner to the north. since public crater and sewer are available to the area, the urban land use designation is appropriate. The anticipated density generally falls within the proposed R--4 zoning designation. All public services and facilities will be available to serve this property. 7. Will the requested zone avoid undue concentration of people? The intensity of the uses of the property would be in direct relationship to the availability of public services, utilities and facilities as well as compliance with established design standards. The design standards and availability of facilities would provide the structure needed to insure that there will not be an overcrowding of the land or undue concentration of people. Mir um lot standards, use standards and development standards will avoid the undue concentration of people at the time the property is further developed. 8. will the requested zone facilitate the adequate provision of transportation, water sewer a e schools arks and other public re uirements? Public service, facilities and infrastructure would be made available to the developer. New improvements to the property such as roads, water, severer and drainage facilities 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. Development should be encouraged in areas where these services are available. 9. Does the requested zone give consideration to the particular suitability of the pr_o_ petty for particular uses? The proposed R--4 zoning district is consistent with the surrounding zoning and land uses in the area and will provide the basis for the future land uses on this property, in accordance with the l ahspell Growth Policy. This zoning gives adequate consideration to the suitability of this property for the proposed uses. The proposed zoning is consistent with the anticipated land uses in the area and gives due consideration of the suitability of this property for the permitted uses in the district. The future Highway 93 Bypass is located west of the subdivision site and while, the suitability of the site may be affected, this office has determined that the R-4 zoning designation would still be appropriate. The subdivision submitted in conjunction with the annexation and initial zoning request includes conditions for noise mitigation on site and may result in a reduction in density, additional setback requirements, and beaming and landscaping to ensure noise levels are below 60 dBA. 10. Does the requested zoneEive reasonable consideration to the character of the district? The general character of the area is in transition between existing urban residential development located north and larger- undeveloped tracts of land %- the east. The proposed zoning allows this development to address needs within the community for housing on public services and in reasonable proximity to existing commercial businesses, health care facilities and schools. Availability of public 4 water and sewer to the area indicate that this type of development will continue to occur in the general area with similar types of uses as is proposed with this property, i.e. urban residential rather than rural. It appears that the proposed zoning gives reasonable consideration to the character of the district. 11. will the ro osed zone conserve the value of buildings? City standards will ensure that there is high quality development that will ensure the value of buildings and homes are protected, maintained and conserved. Value of the buildings in the area will be conserved because the zoning will promote compatible and like uses on this property as are found on other properties in the area. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban -scale residential development should be encouraged in areas were services and facilities are available such as is being proposed on this property. The proposed zoning is consistent with the growth policy and surrounding zoning in the area. II. REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT OF ASHLEY PARK PHASE 9 This application is reviewed as a major subdivision in accordance with statutory criteria and the Kalispell City subdivision Regulations. A. Effects on Health and Safety: Fire: This subdivision would be in the service area of the Kalispell Fire Department once annexed to the city. The property is considered to be at low risk of fire because the subdivision and homes within the subdivision would be constructed in accordance with the International Fire Code and have access which meets city standards. Hydrants will be required to be placed in compliance with the requirements of the International Fire Code and approved by the fire marshal. The fire access and suppression system should be installed and approved by the fire department prior to final plat approval. This is necessary to prevent combustible construction from taking place prior to the construction of adequate fire access and therefore avert any associated problems. Flooding: According to the Flood Insurance Rate Map (FIRM) Panel # 1815 dated 9 / 30/ 92 the site is located entirely in Zone C which is not a flood prone area and no special permits are required for development. Access: Access is provided by Merganser Drive which is a city street built to city standards and currently serves lots within phases 4, 5, 7 and S of the Ashley park subdivision. Phase 9 will include a connection via. Pintail Drive from Merganser Drive south into the 8.8 acre subdivision site. The preliminary plat shows two internal roads, Pintail Drive/ Court and Mallard Drive/ Court. These internal roads will be built to city standards within a 60 foot road right- of-way. The preliminary plat shows Mallard Court extending to the west side of the subdivision to serve lots 13 through 22 and Pintail court leading south terminating with a cul-de-sac to serve the lots generally located in the southern portion of the site. Mallard Drive extends wrest from Pintail Court which provides legal access to lots 2A and 2B in the north east corner of the project site as well as future connectivity to attractive land immediately east of the site. Figure 1 below shows the approximate location of Mallard Drive. The Public Works Department is recommending the road right-of-way for Mallard Drive extend to the eastern property boundary to provide future road connectivity to property east of the subdivision site. Figure 1. Looking east from the project site. The City's site Review committee suggested that two bike path connections be provided from the subdivision to the future bike path along the proposed Highway 98 Bypass. The Committee recommended the two connections be located at the terminus of both Mallard Court and Pintail Court in the vicinity of lots 17 and 18 and lots 1 oA and 1 oB . Staff is recommending the bike path be 10 feet wide within a 12 foot easement. The bike path will be required to be constructed from the edge of the sidewalks along Pintail Court and Mallard Court west to the western property boundary of the subdivision. 6 This recommendation is supported by Policy 9 of Chapter 10, 'Transportation, in the Kalispell Growth Policy which states, "Develop a pedestrian --bicycle system to supplement the auto --oriented street system and to meet local transportation and recreation needs." Additionally, staff is recommending the 12--foot bike pedestrian easement be located within a common area of the subdivision and not on individual lots. Bike paths located on individual lots create future problems with overall maintenance of the area as one property owner may keep the area clear of weeds and clean and the neighboring property owners may not. Also, placing the bike pedestrian easement within a common area provides for a greater separation between the bike path proposed within this easement and future houses located to the east and west of the easement. The creation of a homeowners association is a required component of this approval and is necessary to maintain the common areas, including the aforementioned bike / pedestrian path and easement, within the subdivision. Noise: The future Highway 93 Bypass will be located on the west side of the proposed subdivision. The property is currently vacant of any type of residential housing. The proposed project would allow 34 dwelling units on the project site with a combination of single family lots and townhouse lots proposed along the bypass right-of-way at this time. The planning board and city council should note that if the R-4 zoning is approved, for the site the proposed single family lots shown on the preliminary plat could accommodate a duplex which is a permitted use within the R-4 zoning district. On November 17, 2006 the planning department sent a letter to Sands Surveying requesting additional information for the proposed subdivision. One of the requests was a copy of the preliminary plat showing projected noise contours from the future highway bypass along the western side of the subdivision. The planning department received this information on April 25, 2007. The attached preliminary plat reap shows contours of 64, 62 and 60 which indicated anticipated noise decibel levels that would result from the proposed highway bypass. This information was provided by the Montana Department of Transportation (MDT). The anticipated do decibel noise contour parallels the bypass and extends approximately 200 feet onto the property -- almost one --half of the 8.8 acre site. Fourteen lots shown on the preliminary plat are within areas where anticipated noise levels are to be higher than 60 decibels. Three additional lots are bisected by the 50 decibel noise contour. The Montana Department of Transportation has commented on the potential noise impacts the highway may have on future residences along the proposed bypass. Cora Helm, Highway Traffic Noise Specialist, stated in a letter dated October 23, 2006 that, `noise levels in excess of 65 dBA are regarded to be a critical annoyance in much of the published research pertaining to traffic noise. Speech is severely interfered with at these levels, so outdoor areas for homes sitting near the 64 decibel contour line will not be functional unless protected with a berm or barrier. Traffic will only increase on the bypass over the years, and a 64 decibel location could quickly approach 67 dBA or more." The Department of Transportation is required to mitigate the noise impact to rA existing residences at the 67 dBA level.. Note that MDT recommends communities determine appropriate noise levels for types of development or uses and provide guidance on preferred mitigation. In recent discussions, the Kalispell Planning Board, agreed that mitigation was necessary to maintain an outdoor 60 dBA noise level along areas adjacent to the proposed future Highway 93 bypass. A follow-up letter dated February 22, 2007 and written by Ms. Helm on the current project proposal states the following, "For the Kalispell Bypass, MDT concluded that there are two locations where noise abatement would satisfy much of the reasonableness and feasibility criteria for barriers, outside of seeking public input. Those locations include the developments south of Sunnyside and north of Three Mile Drive that were built or platted as of August 9, 2005. Developments that are platted after that August date, such as Ashley Park Phase 9, would not be eligible for federal -aid noise abatement, such as barriers, until such a time that the Kalispell Bypass would become a six -lane facility!" A letter from Sands Surveying dated April 2, 2007 to the Kalispell Planning Department states that the developer can encourage the use of noise reducing materials in homebuildin.g and in some cases promote the use of rear garages instead of street facing garages. Based on previous discussions about noise impacts to future housing along the bypass, the planning department believes that the aforementioned recommendations by the developer are inadequate. The issue is not the noise level inside the homes rather it is the noise level outside of the homes. One of the primary purposes of the Kalispell Subdivision Regulations is to promote the public health, safety and general welfare. To achieve this, staff is recommending exterior/ outdoor noise levels along the bypass be mitigated by way of noise reducing building materials, additional setbacks from the right-of-way, earth berming, and vegetation. The developer has not provided enough information on or to what degree of noise reduction would result by placing garages in the rear of housing units. Therefore, the planning department would recommend the planning board consider including a condition on the plat requiring a noise study be completed prior to the final plat approval. The noise study will need to shover how a noise level of 60 dBA can be achieved outside of the future residential buildings, between the buildings and the future highway- right-of-way. The proposed mitigation measures contained in the noise study shall be reviewed and approved by the city staff and implemented prior to final plat of the development. Including this condition may result in the loss of one or more of the proposed lots along the bypass. Grad ip . The 8.8 acre site is relatively level however a significant amount of excess dirt has been moved onto the site. As Figure 2 shows, the dirt mounds are located throughout the site. The planning department requested more information on what the developer has planned for the existing dirt piles on the site. Sands Surveying sent an email on April. 13th ,tati�ng that the fill material would be used on site. ri The Kalispell Building Department has concerns with future housing being placed on fill material which has not been properly compacted. Areas not properly compacted can lead to foundation failures soon after construction on top of the fill material. Therefore, the building department is recommending that a geotechnical report be provided when site grading is complete showing that the fill material has been properly compacted. Figure 2. Looping south from the project site. The fill material shown in the photo is in the area of lots 13 and 14. On -site Im rovements: The City of Kalispell has required past subdivisions to complete a minimum of two-thirds of the necessary infrastructure (rater, surer, roads, etc.) prior to filing the final plat. The city staff recommends this condition on each plat to insure that, prior to issuing a building permit on a new lot, there is access which meets the fire department's minimum standards as well as adequate water and surer services. In the past, the city has allowed subdivisions to file a final plat and subsequent home construction to begin prior to a majority of the infrastructure installed. Problems have occurred when new homes were occupied and there was insufficient water for fire suppression and / or surer mains were not working properly. Therefore, in order to mitigate these potential impacts to the public's health and safety, staff is recommending a condition requiring a minimum of two-thirds of the infrastructure be installed prior to final plat. B1, Effects on Wildlife and Wildlife Habitat: This area is highly urbanized with little or no remaining wildlife habitat. There may be some migratory birds and an occasional deer may visit the site, however, this area does not provide significant habitat for wildlife due to the developed nature of the area. 9 C. Effects on the Natural Environment: Surface and oundwater: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. As stated previously, no portion of the site is within the 100 year floodplain as shown on the (FIRM) panel # 1815. A Depth to water Table map dated March 13, 2006 indicates the water table is between 10 to 20 feet below the surface throughout the project site. Due to the water table depth, staff recommends that basements be prohibited as part of plat approval. Information in the Depth to water "table was provided by the Flathead Lakers in consultation with the Flathead Labe Biological Station. Drainage: This site is relatively level and does not pose any unusual challenges to site drainage. Curbs and gutters will be installed along the streets throughout the subdivision and storm water will be conveyed to the open areas along the eastern and western boundaries of the subdivision. From these open space areas, the water will be directed south where a stormwater drainage pond is proposed. A condition of approval requires that a homeowners association be created for the maintenance of the common area which includes the stormwater drainage pond. As part of the maintenance of the common area and stormwater pond the association would be required to move the area to reduce the fire hazard and reduce the spread of noxious weeds in accordance with city codes. The City of Kalispell recently adopted an ordinance to address erosion control and stormwater pollution prevention. The new ordinance requires a developer to obtain a city stormwater management permit and a State General Construction Stormwater Discharge Permit Notice of Intent (NQI) and Stormwater Pollution Prevention Plan (SWPPP) prior to any grading activities on the site. These plans provide for managing stormwater on the site and include stabilizing the construction site through an approved revegetation plan after site grading is finished. D, Effects on Local Services* Water: water service to the subdivision would be provided by the City of Kalispell from an existing eight inch water main located on Pintail Drive that the developer will be extending south into the subdivision. The water system for the subdivision will be reviewed and approved by the Kalispell Public works Department and the Kalispell Fire Department as part of the development of the subdivision. There is adequate capacity within the city's water system to accommodate this development. Sewer: Sewer service will be provided by the City of Kalispell with an extension of an existing eight inch sanitary sewer main from Pintail Drive to the subdivision. Design and construction of the. mains will be reviewed and approved by the Kalispell Public works Department. There is adequate capacity within the sewage treatment plan to accommodate this development. 10 There is an existing lift station located just north of proposed Lot 22. The Public works Department will require the developer to install fencing around the lift station site. The planning department is recommending that landscaping be installed in addition to the fencing along the street side of the lift station site between the fencing and the future sidewalk along Pintail court. The purpose of the landscaping is to both screen the facility from the future residents and better integrate the facility into the fabric of the neighborhood. The landscaping should consist of bushes or shrubs which reach a height of 6 feet or higher. Roads: 'Traffic projections for this subdivision are estimated to be approximately 238 to 340 additional individual vehicle trips per day based on the estimates of 7 -- 10 vehicle trips per residence per day in the area onto Merganser Drive and Airport Road. The subdivision main entrance road off of Pintail Drive will extend Pintail Drive south approximately 600 feet. The new interior roadways, Pintail Court, Mallard Court, and Mallard Drive, will be constructed to city standards and would include curb, gutter, sidewalks and landscape boulevards. The plans submitted with the application indicate the developer is proposing four foot wide boulevards instead of the standard five feet. A condition of approval will require the roads to be constructed to meet the minimum design and construction standards, which include a five foot boulevard. Mallard Drive, located between lots 3A and 1 B, headed eastward shows a 10- foot developers reserve easement on the preliminary plat. Sands surveying stated in a letter dated April 2, 2007 to the planning department that the 10-- foot easement will be sub j ect to the terms of a "Late Comers Agreement' when property immediately east of the project site develops. The Public Works Department is recommending this easement not be included in the final plat approval and the 60 foot road right-of-way be dedicated to the city up to the eastern boundary of the subdivision. This has been recommended in other subdivisions in the city and allows for better connectivity between existing developments and future developments. In addition, the Public works Department is also recommending an additional bo-foot wide road right-of-way be dedicated as part of the final plat between lots 7A and 7B. The right-of-way would extend from the right-of-way along Pintail Court east to the eastern boundary of the site. The purpose of this additional right-of-way is to provide better future connectivity to lots east and south of the project site. The location of the recommended 60 foot right-of-way would provide access to Tract 2 F as shown on the vicinity map on the preliminary plat. The developer may anticipate a loss of these two lots. Schools: This development is within the boundaries of Kalispell School District # 5 . The school districts could anticipate an additional 17 school aged children might be generated by the subdivision at full build out. This number takes into account pre --school aged children, home school education options and private school education options. Not all of the children who live in the subdivision. vdll be attending public schools. This subdivision would have a potentially significant impact on the district, particularly on a cumulative level with this subdivision in addition to other developments pending within the district. 11 Parks .. and , Open --S-_p ace : The State and local su bdivision regulationshave parkland dedication requirements or cash in lieu of parkland dedication in the amount of 0.03 acres per dwelling unit when residential densities in a proposed subdivision. exceed 11,880 square feet per dwelling unit. The proposed subdivision with 34 lots on approximately 8. 8 acres exceeds the 11,880 square feet per dwelling unit and therefore falls under this parkland dedication requirement. The parkland dedication requirement for the subdivision equals 1.02 acres. The Kalispell Parks and Recreation Department is recommending the parkland dedication be met by a cash in lieu payment. The money would be used for improvements to existing parks and acquisition of new parr land in the i�rramediate area. The proposed subdivision does provide 1.39 acres of open space however the Parks and Recreation Department did not deem this open space area as parkland pursuant to section 3.19 of the Kalispell Subdivision Regulations. Police: This subdivision would be in the jurisdiction of the City of Kalispell Police Department once annexed to the city. The department can adequately provide service to this subdivision, however the cumulative impacts of growth within the city further strains the department's ability to continue to provide the high level of service the department is committed to. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department once annexed to the city, and the subdivision will be required to comply with the International Fire Code. The fire department is also recommending that access to the subdivision and the hydrants are in place prior to final plat approval and / or use of combustible materials in construction. Solid waste: Solid waste will be handled by a private contractor for at least the first five years and taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is close, less than three miles from the site. E, Effects on Agriculture and agricultural water user facilities: The site is in an urbanized area at the fringes of the city limits. There will be relatively no impact on agricultural uses within the valley due to the surrounding residential and industrial development of the area and the relatively small size of the property. No impacts on agricultural water user facilities are anticipated since this property will be served by a public water system. F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Map designates this area as Urban Residential development, which anticipates a mix of primarily single family and duplex dwellings with a density of three to 12 dwelling units per acre. The proposed subdivision has a density of 3.9 dwelling units per acre. This density is in compliance with the anticipated density for this area. 12 G. Compliance with zoning: This property has been proposed to be zoned R-4, a Two Family Residential zoning district. The proposed lot sizes range from 4,910 square feet (a sublot) to 17,211 square feet. All of the proposed lots and sublots shown on the preliminary plat meet or exceed the minimum lot standards for the R-4 zoning district. Several of the proposed sublots on the preliminary plat, such as lots 1 A and 1 B and 2A and 2B, meet the minimum R-4 lots standards and could be considered stand alone lots due to there individual size and lot width. The developer has indicated that these are sublots which would allow for a single unit to be constructed on each lot, one on lot 1 A and another unit on lot 1 B, with the units sharing a common wall. In order to avoid confusion as to whether these lots are stand alone lots or, as shown on the preliminary plat, sublots, the planning department is recommending a condition limiting the residential units on all the sublots shown on the preliminary plat to townhouse units. H. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations and no variances have been requested. RECO-MMWNDATIONS I. Staff recommends that the Kalispell city Planning Board and Zoning Commission adopt staff report KA-06-15 and recommend that initial zoning of the 8.8 acre site be R--4 on the zoning district map for the property. II. Staff recommends that the Kalispell city Planning Board and Zoning Commission adopt staff report KPP--06-16 as findings of fact and recommend to the Kalispell city council that the proposed subdivision, Ashley Park Phase 9, be approved subject to the following conditions: CONDITIONS OF APPROVAL General conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix c -- Final Plat) 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). 3. Prior to = excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from. the Kalispell Public works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the city Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NCI) and Stormwater Pollution Prevention 13 Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and Findings of Fact Section C) Prior to final_flat: 4. A noise study shall be completed prior to the final plat approval. The noise study shall show how a noise revel of 60 dBA. at the western property boundary of the subdivision can be achieved. The proposed mitigation measures contained in the noise study shall be reviewed and approved by city staff and implemented prior to final plat approval. Note: This condition may result in the loss of one or more of the proposed lots shown on the preliminary plat. Reasonable bike and pedestrian access shall be provided from the subdivision site to the bike path located along the future highway bypass. (Findings of Fact Section A) 5. 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. (KahspeU Design and Construction Standards, project proposal) 6. 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 severer 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) 7. The developer, shall submit to the Kalispell Public Works Department for review and approval, a stormwater report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards) S. 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) 9. Mallard Drive shall be improved as follows: a. A 60-foot wide public road and utility easement shall be shown on the final plat and extend to the eastern boundary of the subdivision. 14 b. New infrastructure including but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks shall be installed to the eastern boundary of the subdivision. c. The 10-foot developers latecomers reserve easement shall be removed. (Findings of Fact Section D) 10. An additional 60 -foot wide public road and utility easement shall be dedicated to the City of Kalispell from the edge of the road right-of-way for Pintail. Court east to the eastern boundary of the subdivision site. The 60-foot wide public road and utility easement shall be located in the area of lots 7A, 7B, and 8A as shown on the preliminary plat. (Findings of Fact Section D) 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 flogs 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 S. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance 10-8. e. Street naming shall be approved by the fire department. f. Roadways between. 26 feet to 32 feet wide shall be posted on one side of the road as `ono parking fire lane." 12. 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) 13. A bike/ pedestrian path easement, 1 2--feet wide, shall be shown on the final plat in the area of lots 17 and 18 and 10A and 10B. a. A bike/pedestrian path shall be constructed from the edge of the sidewalks along Pintail Court and Mallard Court and emend west to the western boundary of the subdivision. b. The bike/pedestrian path shall be a minimum width of 10 feet. C. The 10-foot bike/pedestrian path shall be included in the infrastructure plans reviewed by the Public Works Department. (Findings of Fact Section A) 15 14. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland equal to 1.02 acres of land. The payment shall be based on the fair market value of undivided, unimproved land. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Section D) . 15. The goad 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) 16. 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) 17. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved 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) 18. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjouung properties. (Kalispell Subdivision Regulations Section 3.09(L)) 19. A geotechnical report shall be provided to the building department at the end of the site grading showing the areas where fill material has been utilized and have been properly compacted. (Findings of Fact Section A) 20. A note shall be placed on the final plat prohibiting the installation of basements within the subdivision. (Findings of Fact Section C) 21. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric pourer, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature (Kalispell subdivision Regulations, Section 3.18(E)) 22. A homeowners association for the subdivision shall be created that includes a 16 provision for the maintenance of the bike paths, stormwrater pond, and the open space areas within the subdivision. The maintenance provisions in the homeowners association shall include mowing or trimming the grasses within the common area to reduce the fire hazard and spread of noxius weeds. (Findings of Fact Sections A and C) 23. The developer shall install landscaping along the east side of the utility site shown on the preliminary plat. The landscaping shall be installed between the sidewalk and security fencing for the site. The landscaping shall consist of bushes or shrubs with a minimum mature height of 6 feet. The landscaping plan shall be reviewed and approved by the Kalispell Parks and Recreation Department and Kalispell Planning Department. (Findings of Fact Section D) 4. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat approval. (Findings of Fact Section A) On going conditions: 5. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 26. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 27. All sublots shown the formal plat shall be restricted to townhouse development. (Findings of Fact Section G) 17 1*ty of KalAt"i'li 02 2007 1 JU Planning Department �A 01ELL p i,1 11N D-dPAi r-NT 17 - 2nd Street East, Suite 211, Kalispell., Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 MAJOR SUBDFVTSION PRELIAMqARY PLAT APPLICATION FEE SCHEDULE. FEE ATTACHED 11gQ,,0 Major Subdivision (6 or more lots) $750 + $105/lot Mobile Home Parks 8v Campgrounds (6 or more spaces) $750 + $100/space Amended Preliminary Plat Amendment to Conditions Only $350 base fee Re -configured Proposed Lots Base fee + $40/lot Add Additional Lots or Sublots Base fee + $100 /lot Subdivision Variance $100 (per variance) Commercial and Industrial Subdivision Add $200 to base preliminary plat fee SUBD SION NAME: ASHLEY PARK PHASE 9 OWNERS) OF RECORD: Name SOMERS LAND LLC Mailing Address 1995 THIRD AVE EAST city KALISPELL State MITI. Phone 257-5202 zip 5990 1 TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/ Designer/ Engineer, etc): Name & Address SANDS SURVEYING GE LOOP KALISPELL Name 8s Address CARVER ENGINEERING 1995 THIORD AVE E, KALISPELL LEGAL DESCRIPTION OF PROPERTY: Property Address -THIS I3 NOT ADDRESSED AT THIS TIME Assessor's Tract No(s) A PORTION OF TRACT 4 1 / 4 Sec SW Y4. SE1 14 Section 19 Township 28N Range 1 W GENERAL DESCRIPTION OF SUBDIVISION. Number of Lots or Rental Spaces 34 Total Acreage in Subdivision 8.818 Total. Acreage in Lots 5.557 Minimum Size of Lots or Spaces 44910 9QLFT Total Acreage in Streets or Roads 1.599 Maximum Size of Lots or Spaces �17,211 SQLFT Total Acreage in Parks, Open Spaces and/or Common Areas 1.391 ACRES 1 PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family IQ. Townhouse 24 Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family other APPLICABLE ZONING DESIGNATION & DISTRICT CITY R-4 ESTD"TE OF MARKET VALUE BEFORE IMPROVEMENTS. IMPROVEMENTS TO BE PROVIDED: Roads: Gravel �Paged 3X Curb XX Gutter 5idewaiks Alleys other Water System: Individual Multiple User Neighborhood KX Public other Seger System: Individual Multiple user Neighborhood XX Public other Other Utilities: Cable TV XX Telephone Electric Gas Solid Waste: Home Pick Up Central Storage Contract Hauler owner Maul Mail Delivery: Central XX ,Individual School District: KAL14PELL Fire Protection: Hydrants _.Tanker Recharge Fire District; KALISPFLL e System: SEE ATTACHED DRAINAGE FLAN PROPOSED EROSION /SEDIMENTATION CONTROL: SEE ATTACHED DRAINAGE PLAN V OES : ARE ANY VARIANCES REQUESTED? NO (yes/no) If yes, please complete the information below.: SECTION OF REGULATIONS CREATING SHIP: EXPLAIN THE S1 IP THAT WOULD BE CREATED WITH STRICT COMPLIANCE wITH REGULATIONS PROPOSED ALTERNATYVF.(S) TO STRICT COMPLIANCES WITl3 ABOVE REGULATIONS: 2 PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW* 1. will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adj om' m" g properties? 2. Will the variance cause a substantial increase m public costs? 3. will the variance affect, in any manner, the provisions of any adopted zoning regulations, Master Plan or Growth Policy? 4. Are them special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? S. what other conditions are unique to this property that create the need for a variance? 3 APPLICATION CONTENTS: The subdivider shall submit a complete application addressing items below to the Kalispell Planning Department at least thirty five (35) days prior to the date of the Planning Board meeting at which it will be heard. 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 prelimiriary plat not to exceed 11" x 17" in size. 5 . Application feel, 6. Adjoining Property Owners List (see example below and attached notice from County Plat Room) Assessor# See-Twn-- Lot race No Pro Oaaer & Address I hereby certify under penalty of perjury and the laws of the State of Montana that the information submmitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application., to be true, complete, and accurate to the best of my knowledge. should any information or representation, submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell Pla^rr,-in g staff to be present on the property for routine monitoring and inspection during the approval and development process. (Applica�i.t) f, z -4:�) -�-- - q (Date) 11 Montano De artment of Trans ortation Jim Lynch, D) rectcr -ve►-ving_Unu with pr1da 2701 Prospec-t Avenue Brian Schweitzer, Govemcr PJ Sox 20 100l Helena W 59620-- l da l October 23 , 2006 Sean Conrad Senior P lain er City of Kalispell 17.2nd St East, Suite 211 Kalispell, MT 59901 Subject: Silverbrook Estates Him wa duffer willow Creek Subdivision Dear Sean, R:D PARTMMT Thank you for allowing me an opportunity to look at the Silverbrook Estates Subdivision and highway buffer design along US 93 north of Kalispell and the willow Creek Subdivision along the US 93 Bypass. I am separating my comments for both of these subdivisions, but much of what I say about Silverbrook will also apply to willow Creek, SILVERBROOK. ESTATES I was unable to reach Deb Rosa and do not want to delay your review of their submission, so I will make some general comments about the design. Anytime you shield residential homes from highway traffic, you improve the quality of life for those who must live near busy highways. In order to be effective against noise, however, a berm or wall must break the line of sight between roadway and receiver. That means the people living in the homes behind the berm must not be able to see the traffic, including truck stacks. For receivers and noise source (highway) that are at the same elevation, the height of the berm needs to be about 12 feet. If there are second and third -story residential units, or if the highway elevation is greater than the elevation of the receivers, it is more difficult to break the line of sight. without knowing what the topography is between the residential units and the highway, I cannot determine if the berm will be effective along its entire length, but if the designers of this subdivision and highway buffer use the rule of breaking the line of sight, then the berm will provide at least a S decibel reduction in noise, which is definitely noticeable. The townhouses may be adversely impacted by noise if their dwelling units are high enough to see over the berm. If the elevation of a highway is greater than the residences nearby, noise will not be as much of a problem, as much of it will be reflected over the homes. Residents in homes that exist on hillsides above highways often make the most complaints about traffic noise. Another element to keep in mind is the length of the berm or barrier should extend beyond the last sensitive receiver (residence) It is meant to protect. A rule of thumb to mirlimize the effect r'fvflor`frnei"itC11 uL'rIiL. S L1ur2ti �1 rf r`rf if`fi �Pi l!'rt rr1Ii. tIlr`O:� �i�i�i��rl��t� iJir�f �'/�"� 406} -� 5 ,vww. mot. �m .gov of noise wrapping around a berm or barrier is the b erm/b arrier should be at least eight times as long as the distance from the home of the receiver to the banter. So if a receiver is 100 feet from a barrier, the barrier length would need to extend 400 feet in both directions from that receiver, for a total length. of 800 feet. As you can imagine, this is very difficult to accomplish when the goal is to maximize the number of residential units in a development. In the layout provided, the single family homes in the southeast quadrant of the development are susceptible to adverse noise impacts wrapping around the end of the berm. If it is impossible to break the line of sight between second floor levels and the highway, then acoustical architectural measures should be considered when designing the homes. For example, rooms that are less sensitive to noise (e.g., kitchens, bathrooms, laundry rooms) should be placed on the side of the home nearest the highway. other options include reducing the number of windows and doors facing the highway; installing triple paned glass windows and solid core doors; installing air conditioning; and increasing the rigidity of materials used in construction, such as brick or concrete instead of wood. WILLOW CREEK SUBDIVISION I am glad that some attempt has been made to incorporate the noise contour maps submitted to the City in the design of this subdivision; however, as we discussed on the phone last week, the 64 decibel contour line is not a design goal. Many communities in states like California and Maryland are adopting noise policies that set a day/night noise level (Ldn or DNL) at approximately 55 to 60 decibels. The Ldn descriptor is a 24-hour equivalent continuous noise level in A. -weighted decibels (dBA) where 10 decibels is added to nighttime noise levels from the hours of 10:00 pm. and 7:00 am, and cannot be directly compared to the Leq descriptor which is used in the contour maps provided to the City. The Leq descriptor describes the noise level over a period of time that generally represents the worst -case (peak traffic) daytime noise hour. States like California and Maryland have much higher traffic volumes and perhaps, higher tolerance to noise. Planners in Montana may want to consider noise levels more stringent than what is currently considered tolerable in California and Maryland. Leq noise levels in excess of 65 dBA are regarded to be a critical annoyance in much of the published research pertaining to traffic noise. Speech is severely interfered with at these levels, so outdoor areas for homes sitting near the 64 decibel contour line will not be functional unless protected with a berm or barrier. Traffic will only increase on the Bypass over the years, and a 64 decibel 'location could quickly approach a 7 dBA. or more. In addition to homes near the Bypass, the homes along Foys Lake Road are likely at risk for noise impacts. If there is no access to Foys Lake Rd at 27f Ave W and 21't Ave W, then a solid privacy fence (concrete block or panel with no breaks or gaps), constructed between the homes and Foys Lake Road, could be very effective in reducing noise, especially if the homes are single -story. Sloping the roofs of the storage areas toward the Bypass (sloping downward from west to east) may help reflect some traffic noise back to the roadway, depending upon the elevation of the storage units in relation to the Bypass. This may offer added protection to homes closest to the storage units, provided they are single -story and/or constructed in a. way that noise -sensitive areas, such as bedrooms and patios or balconies are placed away from the l-iighway side. I hope the information contained in this letter is of some use to you. without having more specific information, and a great deal more time, I cannot comment on the absolute noise level reductions that may be achievable with a berm at Silverbrook Estates, nor am I sure I should provide such detailed analysis, as my time and resources are quite limited. I am very encouraged, however, that the City of Kalispell is concerned about traffic noise along Highway 93 and the Bypass. NMT continues to develop strategies for noise prevention and mitigation at the local level and this opportunity to comment assists us in our goal of providing useful tools to you. Together, with awareness of the problem and education on the solutions, we can hopefully improve the quality of life for people in the Flathead valley. Sincerely, Cora G. Helm, P.G. Highway Traffic Noise Specialist 406 -7659/cohelm@mt.gov copies. Dwane Dailey, MDT Missoula District .administrator Montana Department of Transportation Jim Lvnch, Director seruing you with pride 2701 Prospect Avenue Brian Schweitzer, Governor ram❑ Box 201001 Helena MT 54620-1001 February 22, 2007 Sean Conrad DD 9 V., E Senior Planner I �� 1 FB 2 $ 2007 City of Kalispell 17-2°1 St East Suite 211 Kalispell, MTV 59901 KALfSPELL FLr;Pdt�}1NG DEPARTMEi�T Subject: Ashley Hei&ts Subdivision, Ashley Park Phase 9, and Willow Creek Suhdivision Dear Sean, I am in receipt of three subdivision proposals adjacent to the proposed Kalispell Bypass. The willow Creek Subdivision I commented on in October of last year. The comments in my last letter are still relevant, and I will expand on some of my explanations here, and provide you with additional information you may find useful. You have now indicated that the developer is seeking the consultation of an acoustical consultant because your office recommended the residential structures be at or within the 60 dBA contour line, which was created along with other noise contours, when MDT analyzed noise along the Kalispell Bypass as part of the environmental process. I agree that seeking the assistance of a noise specialist is very beneficial. There are many building methods and materials that can be incorporated into new construction to mitigate interior noise levels. If exterior noise levels are a concern, then mitigation in the form of berms, barriers or setback distances is needed to be protective. Berms and barriers must be designed to be effective, and vegetation alone cannot reduce noise levels unless it is sufficiently dense and thick. The following quote is from a FH WA publication found on their website (hqp-://www.fhwa.dot.�4ov/environment/htnoise.htm): Vegetation, if high enough, wide enough, and dense enough (cannot be seen through), can decrease highway traffic noise. A 200 foot width of dense vegetation can reduce noise by 10 decibels, which cuts the loudness of traffic noise in half. It is often impractical to plant enough vegetation along a road to achieve such reductions; however, if dense vegetation already exists, it could be saved. If it does not exist, roadside vegetation can be planted to create psychological relief, if not an actual lessening of traffic noise levels. Much of what I said in my previous letter to you applies to these new proposed subdivisions. Perhaps a good way to begin discussion of the proposals and any potential noise impacts that would result from the bypass or other highways (such as Foys Lake Road),' is to summarize MDT's policy on noise and noise abatement. MDT is required, through 23 CFR 772 to conduct noise analyses for any federal --aid projects that involve the addition of through travel lanes, or when the alignment of an existing facility is sigmificantly changed, or when a new road is built in a new location (like the Kalispell Bypass. If noise impacts are predicted to occur, or are already occurring along the project corridor, then MDT is required to evaluate noise abatement measures, which could include the construction of noise barriers or berms, or shifting the alignment to reduce or eliminate the impacts. Before such abatement Environmental Services Bureau a - Engineering Division Phone. [406) 444-722$ �. � i =�Yt � Evil u F�1{��i i �_t�ii r � c r i i��i�r;:C� T7Y: (800) 335-7592 Fax: (406) 4"-72415 'Neb Pace: www.mdt.mt.gov measures can be incorporated into the project, they must be found to be reasonable and feasible. These terms are defined in MDT's noise policy, but to summarize, feasibility pertains to the constructability of the noise abatement. For example, can a noise barrier be built that will actually reduce noise significantly, not be too tall, not cause a safety problem, or does not have some other "fatal flaw?" Reasonableness is more subjective and involves a number of factors such as the cost and effectiveness of the noise abatement, and number of residences benefited; whether the developments pre -date the existing highway or not; what the opinions of the affected residents are; comparison of existing and future noise levels; and what local governments are doing to ensure new noise impacts are not created for developments adjacent to NIDT's roadways. MDT carefully weighs all these factors before deciding on noise abatement. MDT's noise policy is currently being re --written and will contain a provision stating that Focal jurisdictions who are not incorporating noise compatible planning or noise mitigated development requirements into their policies and regulations, may not qualify forfederal-aid noise abatement on future MDT projects. For the Kalispell Bypass, MDT concluded that there are two locations where noise abatement would satisfy much of the reasonableness and feasibility criteria for barriers, outside of seeking public input. Those locations include the developments south of Sunnyside and north of Three Mile Drive that were built or platted as of August 9, 2005. Developments that are platted after that August date, such as the ones you have forwarded to my office, would not be eligible for federal -aid noise abatement, such as barriers, until such a time that the Kalispell Bypass would become a six -lane facility! I will draw your attention to the facts I presented in my last letter, pertaining to the line of sight and the length a barrier must extend beyond homes to prevent wrap -around noise. The figures below illustrate these concepts. The height a barrier must be to break the line of sight is dependent upon where the noise barrier is located (edge of pavement versus property line), and the elevation difference between the homes and the roadway. The figure below illustrates the length a barrier must be to protect the end -of -row homes. For the barrier proposed in the area south of Sunnyside Drive, the barrier length would have to extend a distance of "4D" beyond the last residence that was modeled. It is likely then, that MDT's proposed barrier will extend into the new proposed subdivisions (Ashley Heights and Ashley Park Phase 9), but would not effectively block noise to those homes. Rouaway 4a 4D MDT may entertain in the future, providing an encroachment permit for a developer -built barrier, but we currently have no policy in place to allow that. If there is a case that a developer proposes a barrier to be contiguous with one on MDT right-of-way, it would have to match the existing barrier in aesthetics and all specifications. An option to the "4D" rule for barrier length, is to wrap the barrier around the last receivers. This works fairly well, when properly designed, to protect the last homes on a block when a continuous straight barrier cannot be .constructed because of cross streets. The City of Kalispell may consider approving developer -built barriers on the developed property if recommended setbacks are not achievable. I recommend you refer to the report, "Traffic Noise in Montana. Community Awareness and Recommendations for a Rural State" by Reiter et al, for some examples of noise -mitigated development (Section 6.2 of that report). When looking at noise levels that are protective of human health, you can refer to the Traffic Noise report I refer to above. A variety of noise levels are used around the country for establishing setbacks that will protect the quality of life for residents along busy roadways. One thing to be conscious of, and I mentioned this in the last letter, is the noise descriptor used. The Leq noise descriptor used on the contour maps for the Kalispell Bypass is an average sound level recorded over a given amount of time, for example, hourly. Highway noise impact studies are conducted for the worst --case hourly noise level. So an Leq of 60 dBA would represent the worst hourly noise level we would expect on a roadway at a certain distance. This works well if the worst case noise levels are during daylight hours. However, on a roadway where trucks are prevalent, such as a truck bypass, an Leq of 60 dBA may not be protective of sleep. often, truck volumes increase in evening hours and can easily dominate the noise mix on a highway. Another noise descriptor is used to represent 24 hour noise levels, the Ldn. This descriptor takes nighttime noise into consideration, and is the descriptor used for airport and rail noise. Ldn is the A -weighted equivalent sound level for a 24 hour period with an additional 10 dB imposed on the equivalent sound levels for night time hours of 10 p.m. to 7 am. If NMT constructs noise contours in the future, we hope to use the Ldn descriptor to better represent nighttime and daytime conditions, which should assist you in your planning efforts. I hope this letter has clarified some of your questions. Please call me if you wish to discuss any of this information further. Sincerely, Cora G. elm, P.G. Highway Traffic Noise Specialist 406-444-765 9/cohelmCmt. gov copy. Dwane Kailey, MIST Missoula District Administrator SANDS SURVEYING, INC. 2 Village Loop Road Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 April 2, 2007 City of Kalispell Planning Department 17 Second Street East Suite 211 Kalispell, MT 59901 RE: Ashley Park Phase 9 Dear Sean; Attached please find the revised application for the Ashley Park Phase 9 preliminary plat. The original submittal had been reviewed by the City of Kalispell Planner and then taken to Site Review. As a result of input from a variety of sources, several changes were suggested to be made to the plat. One of the strongest suggestions to be made to the originally submitted design was that another access easement was to be shown on the plat. This was first requested to be at the southern end of the property, exiting out to the eastern edge of the boundary. However, since that time, a proposal has been brought forth to the City regarding a possible division of land further to the north along the eastern boundary of Ashley Park Phase 9. In order to best accommodate the Krack and Williams subdivision., an easement was re -drawn in a more northerly position, aligning with their proposed road centerline. It should be noted, however, that in the interest of fairness, the easement primarily benefits the adjoining subdivision and not necessarily the developer of Ashley Park Phase 9. With that in mind, as the easement was required for the future ease of development of a road system to be un-impeded by existing lots and infrastructure, the easement is shown on the plat but the remaining 10 feet will be subject to the terms of a `Late -Comers Agreement". The Montana Department of Transportation has created a map showing possible noise contours that the new by-pass may create with increased traffic volumes. It is our understanding that MDOT is proposing to construct sound barriers in existing dense residential areas that would be impacted by traffic noise. In visiting with City Planner Sean Conrad, he indicated that the Kalispell Planing Board was not very supportive of additional sound barriers being installed along the length of the by-pass. MDOT has not made any recommendation as to what they would like to have for sound/noise mitigation. Indicated on the plat is 1.388 acres of "Open Space" which could keep homesites slightly farther away from the traffic. MDOT engineers noted that it would take 200' of dense vegetation to reduce noise impacts significantly. The developer can encourage the use of noise reducing materials in homebuilding and in some cases, promote the use of rear garages instead of street facing garages. The parkland dedication will be met with a cash -in --lieu payment, which has been verbally approved by the Kalispell Parks and recreation. Department. There is an existing junkyard adjoining the southeastern corner of the property, in which the developer of Ashley Park., Phase 9 will do some landscape buffering to protect the views of the residents of the nearby lots. Thank you for your kind consideration of this project. Please feel free to call should you have additional questions or concerns. Serely, ca Wirtala, AICP Sands Surveying, Inc. Page I of 1 Sean Conrad From. Erica Wirtala [erica c sandssurveying.com] Sent: Wednesday, April 18, 2007 12:39 PM To: 'Sean Conrad' Subject: Ashley Park phase 9 Sean... In regards to some of your questions regarding Ashley Phase 9; The fill material will be utilized "on -site". I don't know exactly what for, but that is what the engineer told me ( Rod at Carvers). I'm trying to obtain the western boundary of the k. bypass from Snelling Common Areas will be maintained by a HOAldrainage users association. I'll craft some preliminary documents for it. Hope this helps somewhat.... we're still in a pickle over the sound issue. e. 4//20007 mol p* 4BG Ll A. LINTY 1-2 . . . ............. . . ................ . . .................... . . . . ........ . . ... ........... . . . ..... ......... VICINITY MAP SCALE 1 soo' SOMERS LAND COMPANY/ASHLEY PARK, PHASE 9 ANNEXATION & INITIAL ZONING OF R-4, TWO FAMILY RESIDENTIAL, AND 34 LOT (10 SINGLE FAMILY & 24 TOWNHOUSE LOTS) ON APPROXIMATELY 8.8 ACRES PWT DAM 4/3/07 FILE# KA-06-15 & KPP-06-16 H-.\.ea;\site\k*O(;-15.dwg ................ .......... . ......... . . . . . .. ........ . . . . . .............. . . . . . .. . .......... . . . . . . ........ .. ..... . ................. . . . . .......... ... liy. SANDS SURVEYING, Ina 2 Vlltage Loop liallspell, NIT 59"1 (406) 715-6481 JOB NO: 225007 (10175.4hVg) la_,vrl':: Aptil 2, 2007 FOR/01MER: 50ssers laud Company Total Area: 8.818 Ac. S.F. Lots (10): 2.437 Ac. Duplex Lots (24): 3.220 Ac. Roads: 1.699 Acf Open Spare: 1.391 Ac. Utility Site: 0.071 Ae. Preliminary Plat of: Ashley Park, Phase 9 In the SWl/4SE1/4 of Section 19, T.28N., R.21W., P.M.,M., Flathead County, Montana SCALE; r - s+r � 1 1 \ (i'fA OF ASIRI PARR E 7) $ 1 r 1 1 1 t NSWV '52'E 75is`.,`j 1 1 ` 0. - - - - - - Utility Site ss� - - - - ( -_-- 1 _- - `� ---- --- ftsi_---- -- t5.bruiF�= 1A I y It♦`` "� la.e� Y _ ia. 1 .. �� P-w�4 8 187 acres ~ i iE9A / F i7,21I s9.19 L l,377 all.M n iSi ""�' 1 6,152 atria �♦ 03li aete[ r 0 2:n scret ZI ♦ ! ; *,Msq.f, e.l83aens "Buy t ♦ ti, k \ 1123 sesaa \ 1...2. F N,lllssl.L 1, \ t L »� \ N[ COR SW Vl5[tp 0 169 squIL • ° ""' Mallard Drive `♦ 1 ftA' �-- ilr . -/ Ow Read A Utility Itasessm) (COS 10829) `17�i[llaid Ct313rt �y 7,501 t0.1 (60 flsi i UtI114Ei+xseae) �t[a ` ♦ 0.172 serf[- 3A a' um[er 777 sri. L c ♦ \ ,t. �ti �,� • c•R-0 �.165 sera ♦` S �,l -t - Lal I AMA' 6 i ``�♦ 7 1i6.r r a,724B.L a 0 1$ tag` 0.loe acm, ` z 14 i 13 3 x I nSa s0. L W ♦�` 0.27� acn. 0 a mw s 31,4fa as.L 4A 02q aesn f 4,367 s0. L 3 ♦♦ - rc DA00 ism 48 Z ♦♦ vj n. ITS /�'. 1 t 0.0114 arm in:s+ > 12 ! 4,151 $1, L a �1 UPe11 Space &."s asses 5 1 Fr C L OF LATID, SITUATEL7, LYING A1JD BEING 114 THE ♦ s t21 s8 f0 372 sq. L t T1?YlE T , l7ARTEF, OF THE 50llT8EAST QUARTER OF SECTION 19, ♦ 13?1 0'1� ( - I 1al{SHID B HORTtr, RANGE 21 WEST, P.PI.,M., FLATHEAD OU11TY MONTANA, AND MORE PARTICUt,AR1,Y DESCRIBED AS d 15d s� L S (1LLvW5 TO WIT- `\ 12A �! ( 0.09Swcm 1� B,IOi sq L CC' IIIPiitd„ aF. Ch- DOrtheast corner of the Southwest Quarter 0.10i p1 1 ,f t2le S, rtheaGt r<ltaarter of Section 19, Township 28 North, ` [�� 6A F r� 1 Writ, F.Mt4., Flathead County, Montana which is �� 4,137s0,t § i"ot34 10 0,095 acts a nd lrnn pin; Tt�Ynce alon'3 the cast L•oun,�ary of said � 1i 1 ( 'r15E1/4 500"08'52"E 1022.25 feet to a fouled iron pin; % 4k ' [ux- 0n tne=dsterly R!W of the Burlington Northern Railroad; ` 0.132a said R/W 1,136'44'47"W 1260.43 feet to a found \�\ 0 _ 1 sa 4,031sq. L Lr::n pin _,it the north houndary of said SW1/45E1/4 and the `� �� " `�' — y xtr 0.093.lem t ttl I;aundary of Ashley FdrV Phase 7) Thence along said ti �v�0 11A � � 111.r rrun ial.� ldts9°U3'S2"E 751.55 faAt to the point of beginning ,� ` .�0 sil; J sn9-nntaining 8.818 ACRES, Subject to and together Hith �A s G all sj>pairtenant Oases rants of record_ J 3,144q.L "� k •�+y '{Y� 0.073 aem ire 3,1348 L' `♦ 13 �» ` 0.en : M ♦ �, a \ SA � � \ 7,.we y. L ♦ 9B e.171LEGYN acmes Cove LN, IL y #Ads acres \ V16 CORPWR ♦ �� 88 \ 4 0) 1'OUNID IA" X 24" REa0.R `♦ �, t 11,53i s0.L * l 9A e.265 aetn y' \•' 9,279 sq. L \ 9.213 acm VICINITY 94P: ��♦` 5 NOT TO SCALE �♦ : OWN It'!:ii ilGl!;i3ii:i a lei■ri i• �o o� sa �� !11■�1 � ii!'I!1 !y�i �a© s ■:s �� 11taCf ME �'•')r O10 ©� � 1171:135 INN' Mill �o ��od �© roc e�fo oe srws Dv L7 �V ilk 7!!I 9 kr l�iiiiiiiiiil�l4��11!!Il l#II��IIA� SANDS SURVEYING, Inc. 2 V111stge Lnnp Kalispell, MT 5990E (406)755-6481 JOB NO: 225007 (10175.(hvg) DATE: April 16, 2007 FOR/01VNER: Somers Land Company Sound Contour Exhibit of: Ashley Park, Phase 9 In the SW1/4SE 1/4 of Section 19, T.28N., R.21 W., P.M.,M., Flathead County, Montana s� SCALE: 1" = 100' 100' 50' 0 100, 200' _ 1,l.! ' 73,a j71, x.4K7 8,132 sq. tL \ Eaenrnf r.nK SYV �.187 BCrES \ 9,577 s & �C acre 0..220 acres 21 5X r u�.,.. y �. \ 0.248 acres 1 i \ IB 22 i " 7,984 sq.1L \\ i 01f N = 9,725 sq. [ 0,183 acres >. 0.223acre 1\ \\L-17± ram•. �4 \ 1$ \ \ 101113 sq. ll \ 0,232 acres Lux j.�`\' (6 \ t 97A' (Cos los29) `v 17 .� lard Colrt \\ ( 7,501 sq. (1�. . ` 1 (60' RolUtll1ty E3�semenf) t_ Lasr.e \ ; =13.7' Eau \ 0.172 aer 54 1,4 C 13 \ $ � 274 a = 10 360 eq L , 4,sq 1,4b4 ft. ij \ \ \ ' 0.23920.263 )icres �. 3,121 sq. ft \\ 60, 72 s9. u "� 0.186 Bel es c Total Area: 8.818 Ac. S.F. Lots (10): 2.437 Ac. -'�« ` �� $'. " 1 Duplex Lots (24): 3.220 Ac.It Roads: 1.699 Ac. `, 11 � 3 745 Open Space: `. 'b� ; $ 0.132*J 1.391 Ac. \\ o� � \`\ '\. 0.132 ae s � I k Utility Site: 0.071 Ac. 0.113 aeres' \'L y i \\� 6, 9g 1,[t. LEGEND: 19 1116 CORNER \\ *' 4 �'tt 213 apes \ \ ` i FOUND 1/21 X 24" REBARIry N\ �ti VICINITY MAP,° \ �' NOT TO SCALE IN. \\ PLA Y r � Ac 4C \ rtY W Mt \ )Y Y \ s \\ H \\ U \ PINI ,ceor wm \ „ S660 ` 140109, >e�e » n v u r \\ ies � Subject Parcel