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07. Resolution 5184 - Preliminary Plat - Fox Trotter MeadowsCity of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 website. kalispellplanning. cony REPORT TG: Kalispell Mayor and City Council FROAL Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT: Preliminary Plat request for Fox Trotter Meadows Subdivision. MEETEN'G DATE: March 5, 2007 BACKGROUND: The Kalispell City Planning Board met on December 12, 2006 and held a public hearing to consider a request by FESN, Inc. for preliminary plat approval to create a 24 lot subdivision on approximately 10 acres. Currently this property is in the County zoning jurisdiction and has a zoning designation of County AG-80, an agricultural zoning designation that has a minim urn lot size requirement of 80 acres. The owners have submitted a petition for annexation and initial zoning request of R-2. The property proposed to be subdivided is located on the west side of Stillwater Road at the northwest corner of the intersection of Stillwater Road and Parkridge Drive. The property has an existing house on it addressed as 250 Stillwater Road and can be legally described as Tract 2 of Certificate of Survey 7084 located in Section 2, Township 28 North, Range 22 west. Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-06-15 and recommended the Planning Board consider recommending approval of the preliminary plat subject to 24 conditions. At the public hearing Mike Fraser from TD&H Engineering spoke in favor of the subdivision. There were also two property owner who spoke in opposition. Their concerns were the additional traffic generated by the proposed subdivision, existing drainage issues in the area and the potential for this subdivision to further impact the drainage problem, and a potential decrease in property values. After the public hearing the board discussed the proposal and a motion was made to recommend approval of the preliminary plat to the Kalispell City Council subject to the 24 conditions listed in the staff report. The motion passed on a 4 to 1 vote. The subdivision layout proposed at the December 12th planning board hearing included a proposed roadway on the south end of the property which included land on the subdivision site and a 80-foot wide strip of land included on the property immediately crest of the subdivision, described as Tract 1 of Certificate of Survey 7084. The planning board recommended approval of the initial zoning district of R-2 and the proposed subdivision subject to the conditions contained in the staff report. Shortly after the planning board's December 1 2th recommendation, the owner of the 30-foot wide strip of land had decided not to sign the annexation application and, therefore, the subdivision, as proposed to the planning ng board, could not be forwarded to the City Council. The developers of the Fox Trotter Meadows subdivision revised their plans and requested a variance to the road design standards to allow a 45--foot wide right-of-way instead of the required 60-foot right -of way. This variance request is discussed in detail in the addendum to the Fox Trotter Meadow's staff report. A subsequent public hearing was held before the planning board on February 13, 2007 to discuss and provide a recommendation on the road variance only. Sean Conrad of the Kalispell Planning Department presented the addendum to staff report #KPP-06--15 and recommended the Planning Board consider recommending approval of the variance request. At the public hearing Mike Fraser from TD &H Engineering and John Thomas, A-2Z Engineering spoke in favor of the subdivision.. one neighboring property owner did not have an issue with the variance request but felt that if the city is going to set up rules and regulations then they should be followed. After the public hearing the board discussed the proposal and a motion was made to recommend approval of the variance request to the Kalispell City Council. The motion passed unanimously. IRECDNDMHDATION: A motion to approve the variance request and the preliminary plat with the 24 conditions would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATNES: As suggested by the City Council. Respectfully submitted, Sean Conrad James H. a ck Senior Planner City Manager Report compiled February 26, 2007 Attachments: Transmittal letter Exhibit A (conditions) Staff reports #KPP-06-15, #KPP-06-15 (addendum) and application materials Minutes 12/ 12/06 planning board meeting Draft Minutes 2 / 13 / 07 planning board meeting c: Theresa white, Kalispell City clerk RESOLUTION NO, 5184 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF FOX TROTTER MEADOWS SUBDIVISION, MORE PARTICULARLY DESCRIBED AS TRACT 2 OF CERTIFICATE OF SURVEY 7084 AND A PORTION OF PARCEL A OF CERTIFICATE OF SURVEY 15697, IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, FESN, LLC, the owners of the certain real property described above, have petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on December 12, 2006 on the proposal and reviewed Subdivision Report #KPP-06-15 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Fox Trotter Meadows Subdivision subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of March 5, 2007, reviewed the Kalispell Planning Department Report #KPP-06-15, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-06-15 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of FESN, LLC for approval of the Preliminary Plat of Fox Trotter Meadows Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C —Final Plat) 2. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, 7-foot wide boulevards and sidewalks. (Kalispell Design and Construction Standards and Findings of Fact Section D) 3. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. (Kalispell Design and Construction Standards and Findings of Fact Section D) 4. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards and Findings of Fact Section C) 5. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. 6. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) 7. The developer shall contact the Flathead County Road Department for a road approach permit onto Stillwater Road. If any improvements are necessary at the intersection of Stillwater Road and Fox Trotter Lane, these improvements shall be completed to the satisfaction of the Flathead County Road Department prior to final plat and the Flathead County Road Department shall so certify this in writing to the city. (Findings of Fact Section D) 8. 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 fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as a fire lane. 9. The parkland for the subdivision shall be located along Four Mile Drive on a Parcel A of Certificate of Survey 15697. The park area shall be a minimum of 34,470 square feet and shall be dedicated to the City of Kalispell (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Section D) 10. The developer shall provide a temporary 20-foot wide access easement across lot 10 and Parcel A of Certificate of Survey 15697 in order for residents of Fox Trotter Meadows to access the parkland site. (Findings of Fact Section D) 11. The 10-foot easement shown on the preliminary plat adjacent to Stillwater Road shall be dedicated to the public to increase the road right-of-way along Stillwater Road. Within the easement a paved bike and pedestrian trail, 10-feet wide and complying with AASHTO standards for bike and pedestrian trails, shall be constructed. These improvements shall be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, and the Flathead County Road Department. (Findings of Fact Section D) 12. A homeowners association shall be created for the maintenance and upkeep of the bike path along Stillwater Road serving the subdivision until such time as a public agency takes over maintenance of the bike path and the City of Kalispell takes over maintenance of the park. (Findings of Fact Section D) 13. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is prohibited unless approved by the Kalispell Department of Parks and Recreation." 14. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." (Findings of Fact Section D) 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. 17. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22). 18. In the event of future subdivisions on lot 1 of phase 1, or at such time lot 1 of phase 1 connects to city sewer and/or water, access onto Stillwater Road shall be removed and all future lots or access to the existing house shall be required to access off of Fox Trotter Loop. (Findings of Fact Section A) 19. A note shall be placed on the final plat stating that lots 1 through 5 of Phase 2 shall be prohibited from directly accessing Stillwater Road. (Kalispell Subdivision Regulations Section 3.09 (C) and Findings of Fact Section A) 20. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 21. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 22. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 23. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 24. That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5TH DAY OF MARCH, 2007. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor City of Kalispell Planning Department 17 - 2"d Street East, Suite 211. Kalispell, Montana 59901 Telephone. (406) 751-1850 Fax: (406) 751-1858 W ebsite: kalispellplanning. cam. February 26, 2007 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Preliminary Plat request for Fox Trotter Meadows Subdivision Dear Jim: The Kalispell City Planning Board met on December 1.2, 2006 and held a public hearing to consider a request by FESN, Inc. for preliminary plat approval to create a 24 lot subdivision on approximately 10 acres. Currently this property is in the County zoning jurisdiction and has a zoning designation of County AG-80, an agricultural zoning designation that has a minimum lot size requirement of 80 acres. The owners have submitted a petition for annexation and initial zoning request of R--2. The property proposed to be subdivided is located on the west side of Stillwater Road at the northwest corner of the intersection of Stillwater Load and Parkridge Drive. The property has an existing house on it addressed as 250 Stillwater Road and can be legally described as Tract 2 of Certificate of Survey 7084 located in Section 2, Township 28 North, Range 22 West. Sean Conrad of the Kalispell Planning Department, presented staff report #KPP--00w-15 and recommended the Planning Board consider recommending approval of the preliminary plat subject to 24 conditions. At the public hearing Mike Fraser from TD&H Engineering spoke in favor of the subdivision. There were also two property owners who spoke in opposition. Their concerns were the additional traffic generated by the proposed subdivision, existing drainage issues in the area and the potential for this subdivision to further impact the drainage problem, and a potential decrease in property values. After the public hearing the board discussed the proposal and a motion was made to recommend approval of the preliminary plat to the Kalispell City Council subject to the 24 conditions listed in the staff` report. The motion passed on a 4 to 1 vote. The subdivision layout proposed at the December 1 2th planning board hearing included a proposed roadway on the south end of the property which included land on the subdivision site and a 30-foot wide strip of land included on the property immediately west of the subdivision, described as Tract 1 of Certificate of Survey 7084. The planning board recommended approval of the initial zoning district of R-2 and the proposed subdivision subject to the conditions contained in the staff report. Shortly after the planning board's December 12th recommendation, the owner of the 30-Moot wide strip of land had decided not to sign the annexation application and, therefore, the subdivision, as proposed to the planning board, could not be forwarded to the City Council. The developers of the Fox Trotter Meadows subdivision revised their plans and requested a variance to the road design standards to allow a 45-foot wide right-of-way instead of the required 60-Moot right-of-way. This variance request is discussed in detail m the addendum to the Fox Trotter Meadows staff report. A subsequent public hearing was held before the planning g board on February 13, 2007 to discuss and provide a recommendation on the road variance only. Sean Conrad of the Kalispell Planning Department presented the addendum to staff report #KPP-06-15 and recommended the Planning Board consider recommending approval of the variance request. At the public hearing Mike Fraser from TD&H Engineering and John Thomas, A-2Z Engineering spoke in favor of the subdivision. One neighboring property owner did not have an issue with the variance request but felt that if the city is going to set up rules and regulations then they should be followed. After the public hearing the board discussed the proposal and a motion was made to recommend approval of the variance request to the Kalispell City Council. The motion passed unanimously. Please schedule this matter for the March 5, 2007 regular Kalispell City Council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Timothy Norton President Attachments: Exhibit A Staff reports #KPP-06-15, #KPP-06-15 (addendum) and application materials Minutes 12 / 12 / 06 planning board meeting Draft Minutes 2/ 13/07 planning board meeting c w/ Att: Theresa white, Kalispell City Clerk c w/o Att: FESN, LLC 690 N. Meridian Road, Suite 103 Kalispell, MT 59901 EXIMIT A FOX 'TROTTER S SUBDIVISION PLAT CONDITIONS OF APPROVAL AS RECONi]VIENDED BY THE KALISPELL CITY PLANNING BOARD DECEER 12, 2006 The Kalispell City Planning Board recommends to the Kalispell City Council that the preliminary plat for Fox Trotter Meadows subdivision be approved subject to the following conditions: 1.. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision. Regulations, Appendix C -- Final Plat) 2. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Ka.ispell'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 sign.age, curb, gutter, 7-foot wide boulevards and sidewalks. (Kalispell Design and Construction Standards and Findings of Fact Section D) 3. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. (Kalispell Design and Construction Standards and Findings of Fact Section D) 4. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards and Findings of Fact Section C) S. The developer shall submit to the Kalispell. Public Works Department prior to construction an erosion/ sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. 6. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) 7. The developer shall contact the Flathead County Road Department for a road approach permit onto Stillwater Road. If any improvements are necessary at the intersection of Stillwater Road and Fox Trotter Lane, these improvements shall be completed to the satisfaction of the Flathead County Road Department prior to final plat and the Flathead. County Road Department shall so certify this in writing to the city. (Findings of Fact Section D) 8. 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. Minirnum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous geed 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 a fire lane. 9. The parkland for the subdivision shall be located along Four Mile Drive on a Parcel A of Certificate of Surrey 15697. The park area shall be a minimum of 34,470 square feet and shall be dedicated to the City of Kalispell. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Section D) 10. The developer shall provide a temporary 20-foot wide access easement across lot 10 and Parcel A of Certificate of Survey 15697 in order for residents of Fox Trotter Meadows to access the parkland site. (Findings of Fact Section D) 11. The 10-foot easement shown on the preliminary plat adjacent to Stillwater Road shall be dedicated to the public to increase the road right-of-way along Stillwater Road. Within the easement a paved bike and pedestrian trail, 10-feet wide and complying with AASHTO standards for bike and pedestrian trails, shall be constructed. These improvements shall be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, and the Flathead County Road Department. (Findings of Fact Section D) 12. A homeowners association shall be created for the maintenance and upkeep of the bike path along Stillwater Road serving the subdivision until such time as a public agency takes over maintenance of the bike path and the City of Kalispell takes over maintenance of the parr. (Findings of Fact Section D) 13. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is prohibited unless approved by the Kalispell Department of Parks and Recreation." 14. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." (Findings of Fact Section D) 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 emisting and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allover for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the rewired easements are being shown on the final plat. 17. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22) . 18. In the event of future subdivisions on lot 1 of phase 1, or at such time lot 1 of phase 1 connects to city sewer and/or water, access onto Stillwater Road shall be removed and all future lots or access to the existing house shall be required to access off of Fox Trotter Loop. (Findings of Fact Section A) 19. A note shall be placed on the final plat stating that lots 1 through 5 of Phase 2 shall be prohibited from directly accessing Stillwater Road. (Kalispell Subdivision Regulations Section 3.09 (C) and Findings of Fact Section A) 20. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 21. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) . 22. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free m x immediately after development. 23. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 24. That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). KALISPELL CITY PLANNING BOARD & ZONING COION MINUTES OF REGULAR MEETING DECEM33ER 12, 2006 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Conumssion was called to order at 7: 00 p.m. Board members present were: Timothy Norton, Rick Hull, Bryan Schutt, Robyn Balcom, and John Hinchey. Bob Albert and Kari Gabriel were absent. Sean Conrad represented the Kalispell Planning n i r, g Department. There were approximately S people in the audience. APPROVAL OF M1NUTES Balcom moved and Hinchey seconded a motion to approve the minutes of the November 14, 2006 regular planning board meeting. The motion passed unanimously on a roll call vote. HEAR THE PUBLIC No one wished to speak. FOX TROTTERMEADOWS - A request by FESN LLC for annexation, initial zoning and ANNEXATION & preliminary plat approval of Fox Trotter Meadows on PRELIbIlI11TARY PLAT approximately 11 acres located at 250 Stillwater Road. The owner is requesting annexation into the City of Kalispell with the R-2 (Single Family Residential) zoning district and is also requesting a preliminary plat to create 24 lots ranging in size from approximately �/4 to one acre in size. STAFF REPORTS KA-06-14 Sean Conrad, representing the Kalispell Planning HPP-06-15 Department presented Staff Reports KA-06-14 & KPP-06-15 for the Board. Conrad noted the annexation request includes 3 separate properties, the 10 acre project site, a 30 foot strip just south of this site that will be incorporated into the project as well as 9 / 10ths of an acre proposed for off site parkland dedication. The owners of this site also own the 200+ acre property that includes the off -site parkland. Conrad said that the Kalispell Growth Policy Future Land Use Map designates this site as suburban residential and the R-2 zoning is consistent with that designation. Conrad continued that the preliminary plat of Fox Trotter Meadows is a 24 lot residential subdivision. A majority of the lots range from 10,000- 14,000 square feet. The developer is proposing off site parkland dedication, located on Parcel A of Certificate of Survey 15697, which was reviewed and approved by the Parks Department. In addition a condition of approval requires the subdivider to dedicate an additional 10 feet of R/W along Stillwater Road to allow for future expansion of the road and for a bike/pedestrian path along the ro' ect's frontage. Kalispell City Planning Board Minutes of the meeting of December 12, 2006 Page 1 of 15 Staff is recommending that the Kalispell City Planning Board adopt staff reports KA-06-14 & KPP- 06--15 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-2 , Single Family Residential and the preliminary plat of Fox Trotter Meadows be approved subject to the 24 conditions listed in the staff report. QUESTIONS BY THE Hinchey asked if the bike path along Stillwater Road is being BOARD installed or are they just dedicating the land. Conrad said both. Hinchey asked if the path will connect with any others and Conrad said not at this point and he reviewed the location of bike paths in the area. APPLICANT/AGENCIES Mike Fraser, 690 North Meridian Suite 102, Kalispell noted that he is wearing 2 hats in that he is providing technical assistance on this project and is a partner in the development. Fraser noted the area is in transition and reviewed the zoning and recent developments along Three Mile Drive. Fraser said they want to mare Fox Trotter Meadows a classic R-2 subdivision. The minimum lot size is 10,200 square feet which will provide each lot with 85 feet of frontage and a depth of 120 feet which will allow a nice home with a yard to be built and done in a complementary architectural style. Fraser said they are proposing an off site park dedication. Originally the Parks Department wanted parkland on -site and located in the northwest corner, however that area is a sloping hill and not suitable for a parr. They then went to the off -site area which is relatively flat and adjoins Four Mile Drive. when the 200 acres adjacent to this project develops there will be an additional park dedication which will feed into the regional parr concept. Fraser said there is an existing house on the north end of the site and added they concur with the staff recommendation that at such time when the water and sewer fails on the existing house they will be required to hook up to city services. Regarding traffic concerns Fraser said the 24 lots will generate 170 - 210 vehicle trips per day. Stillwater Road is seeing a lot of traffic and it will continue to increase. They are dedicating 10 feet for a bike path along their boundary with Stillwater Road which gives them room to develop an urban arterial on the site. They also support the concept of a waiver of protest of an SID so the residents of this subdivision will know that they will eventually have to help pay for improvements on Stillwater Road. Also it is anticipated that future impact fees will be charged that will Kalispell City Planning Board Minutes of the meeting of December 12, 2006 Page 2 of 15 also help with the road improvements. Fraser continued because of the development in the area the drainage patterns have changed. The city standards are pretty explicit in that you can't change the drainage patterns nor can you discharge more stormwater than what existed pre -development. The development will create more impervious area and there will be less area for infiltration and they will. deal with the water on -site with swaling and retention as part of the landscape and design features of each lot. Secondly, they will be looping at infiltration trenches and dry wells. Fraser added that they plan to work closely with the neighbors on these issues. Fraser said they request the approval of the annexation and initial zoning of R�-2 along with the approval of the preliminary plat. Fraser said that all of the conditions look acceptable and reflect the nature and character of the subdivision. Schutt asked what sort of time frame are they anticipating with the development of the 200 acres where the parkland dedication is located. Fraser said the board should see a neighborhood plan by mid -next year and them they would loop at annexation and phasing following approval of the neighborhood plan. Hinchey asked if there will be access from this project to the park through the 200 acres. Fraser said yes on the plat in the northwest corner on lot 10 there is a 20 foot temporary access easement and he added there will be a similar access easement across the 200 acres to the park site subject to relocation at the time the 200 acre site develops and then there will be a permanent dedicated path. The easement will not be developed but will be dedicated and in city ownership. PUBLIC HEARING Ed Weber, 1070 Quarter Horse Lane, Kalispell stated that they live in Quarter Horse Estates. weber said 3 years ago when the area started to develop he discussed the issues of traffic, drainage, impacts to the school system, fire protection, etc. with staff. Now that Empire Estates, Blue Heron., Cottonwood and Northland Subdivisions have been developed there have been a number of impacts to their neighborhood and promises made but to date haven't been kept. Weber asked if the cumulative effects on Stillwater Road are being discussed with the new Forest Service building, the 3000 homes that are proposed, and the new high school. The truck and residential traffic continues to increase yet there have been no improvements to Stillwater Road. When Empire Estates and other developments were approved the drainage wasn't done right and the fix for that problem has been to dig out the culvert so it continues to drain onto his and his Kalispell City Planning Board Minutes of the meeting of December 12, 2006 Page 3of15 neighbor's property. weber said they now have problems with weeds which are supposed to be taken care of by the developers or homeowners associations but they aren't. Weber noted they built in this area with the anticipation of having a certain type of quality of life and soon they will be totally surrounded. He asked ghat is there in place to protect them against development where no one is held accountable. ]Veber described the problems they already have with drainage and he feels those impacts will be increased with this development. Marshall Corbett, 1080 Quarter Horse Lane, Kalispell stated that he owns Lots 5 & 6. Lot 6 is directly across the road from the driveway of this subdivision and his concern is that any large amount of precipitation from this subdivision will run straight onto his lot. He said he retired and bought this property to have open space and he hates to see the Flathead Valley developing so rapidly. Corbett said he doesn't object to the property developing but he thinks that lot sizes should be reconsidered. He cited his additional concerns with roaming animals, traffic and maintenance of Stillwater Road. Corbett said he is also concerned about property values because every time one of these developments goes in next to them their property values go down. He said people may not want to buy 5 acres when the density around them is so high. He would like to see the neighborhood develop *into one or two acre lots which he feels is more reasonable. Corbett requested that the board rethink this proposal. BOARD DISCUSSION i None. MOTION - ANNEXATION & Schutt moved and Balcom seconded a motion to adopt staff INITIAL ZONING report IAA- o 6 - 1 4 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-2, Single Family Residential. BOARD DISCUSSION Balcom asked who would be responsible for the maintenance and improvement of Stillwater Road and the drainage. Conrad said it is a county road and is still maintained by the county. If development continues up Stillwater Road the city will take over the road and then come up with a plan for major improvements to Stillwater Road including paving, curb & gutter and bike/pedestrian paths on both sides. Conrad added when Empire Estates was approved the developers were not required to do any improvements on Stillwater Road but did dedicate an additional 20 feet from the edge of the road R/ W on their property to accommodate a bike path. Conrad noted if the city were to see a project like Empire Estates now they would probably require the developer improve that half of Stillwater Road to city standards. Kalispell City Planning Board Minutes of the meeting of December 12, 2006 Page 4 of 15 Balcom asked if the property put aside for a path could be used instead to widen a road. Conrad said there is 60 feet of R/W there right now and the developer is dedicating an additional 10 feet. The city would be able to construct a minor arterial within an 80 foot road R/W so as development occurs on both sides of Stillwater the city will ask for additional R/W for the improvements. Balcom asked what the city has in place to ensure that the work is done right and Conrad said the city now has a Construction Manager who oversees these projects while roads and sidewalks are being built and utilities are installed. In addition the city also has a storm Water Engineer who reviews the plans for drainage prior to approval of the subdivision and prior to the work commencing. In the past subdivisions have been installed and were not inspected as well as they should have been. Balcorn asked if there are fines if the developer doesn't do what they are supposed to do. Conrad said that the developer bonds for the unfinished improvements which would cover the completion of the work if it isn't done correctly. Fraser reviewed the process the developers have to go through to get approval of a project and the city's role in ensuring that the project is done correctly. Weber said that he understands the process but what happens to them as landowners if in fact the approved drainage system fails and their property is damaged after the bond expires. Norton said hopefully with the staff in place now this won't be the case. Weber said the purpose of people coming in and giving testimony is to show that there may have been problems in the past and should prevent those things from occurring with additional development. Norton agreed and added that is why testimony from the people who actually Live in the area is important to the board. Schutt wrestles with whether urban development should be taken to a line and then break off to a more rural development. Schutt said that he shares the concern that the R-4 at Empire Estates seems dense and not very compatible with the neighborhood. As they look at the appropriate initial zoning and the next phase of development he personally likes the idea that they start to decrease the density as the city moves away from the core. However, Schutt said with the development of the additional Zoo acres decreasing the density doesn't seem to apply very well in this case. Schutt shares the concerns of the homeowners who are faced with the fact that the city has grown out to them but he feels the quality of growth within the city of Kalispell is superior to what is going on in the county. He is not saying that reduces the impact on the neighbors who are already there but R-2 is Kalispell City Planning Board Minutes of the meeting of December 12, 2006 Page 5of15 a lot better than what could be going in this area. Schutt said he is in favor of R-2 zoning. Norton said. Quarter Horse Estates was a good subdivision at the time. It was close to the city with nice large acre estate parcels. But, as soon as you get severer and water in an area density will follow. When properties are annexed the city has limited options such as R-1, one acre minimum, and R-, 9,600 square foot min murn lots. He added this subdivision is proposing larger than 9,600 square feet lots. Norton said Empire Estates and the other subdivisions in this area were approved with a condition where they waive their right to protest an SID. Therefore when the city takes Stillwater Road over most of the landowners who live in the city and access this road will help contribute to the improvements. Norton said the city has methods in place to ensure the storm water/drainage and other infrastructure is installed correctly and all the board can do is trust the staff. Norton added that he disagrees that the land values of lots in Quarter Horse Estates will be adversely affected. Norton feels that the large acre parcels within a dense area will be highly coveted. ROLL CALL The motion passed on a roll call vote of 4-1 with Balcorn in opposition. MOTION - FOX TROTTER Schutt moved and Hinchey seconded a motion to adopt staff MEADOWS PRELIMINARY report KA-06-14 as findings of fact and recommend to the PLAT Kalispell City Council that the preliminary plat of Fox Trotter Meadows be approved subject to the 24 conditions listed i.n the staff report. BOARD DISCUSSION Norton noted the 10 foot wide bike/ pedestrian path is being counted as parkland and asked if that was typical. Conrad said that was mentioned in the Environmental Assessment but the bike / pedestrian path isn't counted toward any kind of parkland dedication. Norton asked about condition # 1 2 which deals with the Homeowners Association for the maintenance of the bike path but it doesn't mention anything about the off -site park. Conrad said the off -site park is being dedicated as strictly land with a temporary easement and there will not be any kind of improvements to the park at this time. when the 200 acres develop adjacent to this property a permanent easement will be put in place that would provide access from Fox Trotter Meadows to the park located within the future 200 acre development that will be shared by both developments. Norton noted the existing house on Lot 1 will be hooked to city water and sewer when the current systems fail and Kalispell City Planning Board Minutes of the meeting of December 12, 2006 Page 6 of 15 asked if the road connection would be completed from this lot to Fox Trotter Loop in the future. Conrad said that was addressed in Condition # 1 S which states "In the event of future subdivisions on lot 1 of phase 1, or at such time lot 1 of phase 1 connects to city sewer and / or water, access onto Stillwater Road shall be removed and all future lots or access to the existing house shall be required to access off of Fox Trotter Loop . " Hull asked about the temporary easement to the parr. Conrad further explained how this would work. Hull asked if the continuation of the road and grid system was dropped because the slopes were too steep. Conrad said yes and there was initial discussion about extending the cul-de-sac road on the preliminary plat up through proposed Lot 9 to provide connections with the adjacent 10 acre parcel to the north. Conrad said due to the slopes they would never be able to construct a road there that met city standards. The Public Works Department looped at it and felt that due to the slopes it wasn't feasible. Schutt said it is a bit tough to judge this subdivision on its own knowing there are 200 more acres coming before the board before too much longer. At first he was skeptical of the off -site parkland dedication and now it seems to make sense. Hinchey said that he still has a problem with the 20 foot temporary access to the park and asked if there will be a deed restriction on the other Zoo acres if the developer sold that acreage tomorrow. Conrad said there would be an access easement recorded with the deed of the Zoo acres providing the future residents of Fox Trotter Meadows access across that property to the parkland. Conrad added so whether the developer continues to own it or sells it that easement would be in place and in place prior to final plat approval. There was further discussion regarding the easement and parr site. Weber asked what happens if Fox Trotter Lane dead ends and access is denied beyond this subdivision to access further development on the Tripp property? Norton said as Fox Trotter Lane hits the Tripp property the road would dead end and they would no longer have the ability to extend the road beyond this subdivision. Hull asked if they have the full 60 feet and Conrad said yes and added the annexation papers have been signed by the owner and the land is being incorporated into the eventual 60 foot road R/ w that is proposed as Fox Trotter Lane. ROLL CALL The motion passed on a roll call vote of 4-1, with Balcom in opposition. Kalispell City Punning Board Minutes of the meeting of December 12, 2006 Page 7 of 15 FOX TROTTER MEADOWS SUBDTviSION KALISPELL PLANNING DEPARTMENT STAFF REPORT KPP-06-15 NOVEMBER 15, 2006 A report to the Kalispell city P1 g Board and the Kalispell city Council regarding a request for preliminary plat approval of a 24 lot residential subdivision on property proposed for current annexation and initial zoning. A public hearing on this proposal will be held before the planning board on December 12, 2006 in the Kalispell City Council chambers. The planning board will forward a recommendation to the city council for final action.. A. Petitioner and Owners. FESN, LLC 590 N. Meridian Road, Suite 103 Kalispell, MT 59901 (406) 752-2881 Technical Assistance. Big Sky Surveying 222 Goat Trail Whitefish, MT 59923 A2 Z Engineering 65 Commons Way Kalispell, MT 59901 B. Location and Legal Description of Property: The property proposed to be subdivided is located on the west side of Stillwater Road at the northwest corner of the intersection of Stillwater road and Parkridge Drive. The property has an existing house on it addressed as 250 Stillwater Road. The property can be legally described as Tract 2 of certificate of Survey 7084 located in Section 2, Township 28 North, Range 22 west. C. Nature of the Request: This is a request for preliminary plat approval of a 24 lot residential subdivision to be developed in two phases. Phase 1 consists of one lot which has an existing single family residence on it. Phase 2 consists of the remaining 23 lots. The developer is also requesting an initial zoning of R-2, Single Family Residential. The petition to annex has been filed concurrently with the preliminary plat. Currently, this property is in the County zoning jurisdiction and has a zoning designation of AG-80, Agricultural, which has an 80 acre m1 im_um lot size requirement. D. Size Total Area: 11.2 acres Total acreage in lots: 7.19 acres Park Area: 34,470 square feet Roads: 3.17 acres E. sting Land Use and zoning: The property proposed for subdivision is developed with a residence and several outbuildings. currently this property is in the county zoning jurisdiction and is zoned AG -So, Agricultural, which has an 80 acre minimum lot size requirement. The AG-80 zoning district is intended to protect and preserve agricultural land for the performance of a wide range of agricultural functions. It is intended to control the scattered intrusion of uses not compatible with an agricultural environment, including, but not limited to, residential development. F. Adjacent Land Uses and Zoning: This property is located in an area that could be considered to be on the urban fringes of Kalispell with the City limits within 1/4 mile of this area. All of the zoning surrounding this site is either County AG-80, Agricultural, County SAG-10 or County SAG-5, Suburban. Agricultural. The SAG-10 and SAG-5 zoning districts are intended to provide and preserve smaller agricultural functions and provide a buffer between urban and unlimited agricultural uses. The surrounding land uses include single family residential to the north, south and west. East of the site is a church as well as single family residences. North: Residential development, County AG-80 zoning South: Residential development, County SAG-5 zoning East: Church and residential development, County SAG-10 zoning West: Residential/ Agri cultural development, County AG-80 zoning G. General Land Use Character: The general land use character of the area is a mix of agricultural land with rural residential development in the County. There is a city subdivision, Empire Estates, with urban density immediately southeast of the proposed project site. H. Zoning: Currently this property is located in the County zoning jurisdiction and has a zoning designation of AG-80, Agricultural. This property is being annexed concurrently with review of the preliminary plat and the developers are requesting an assignment of R- 2 , Single Family Residential. I. Utilities: This subdivision would receive full City services upon annexation and development. Water: City of Kalispell Sewer: City of Kalispell Solid Waste: Private contract hauler/City of Kalispell Gas: Northwest Energy Electricity: Flathead Electric Coop (underground) Telephone: CenturyTel (underground) Fire: City of Kalispell Schools: School District 5 Police: City of Kalispell REVMW AND FINDINGS OF FACT This application is reviewed as a major subdivision in accordance with statutory criteria and the Kalispell City Subdivision Regulations. A. Effects on Health and Safety: Fire: This subdivision would be in the service area of the Kalispell Fire Department once annexed to the City. The property would be considered to be at low risk of fire because the subdivision and homes within the subdivision would P be constructed in accordance with the International Fire Code and have access which meets City standards. All of the lots will abut a street that will be constructed to City standards. Hydrants will be required to be placed in compliance with the requirements of the International Fire Code and approved by the fire chief. The fire access and suppression system should be installed and approved by the fire department prior to final plat approval because of potential problems with combustible construction taking place prior to adequate fire access to the site being developed. Flooding: The area proposed to be subdivided is outside the 100-year floodplain as shown in Flood Insurance Rate Map community panel number 300023 1305 revised in September of 1992. Access: Access to the subdivision will be from two new internal roadways, Fox Trotter Lane and Fox Trotter Loop. Fox Trotter Lane will be constructed off of Stillwater Road at the intersection of Stillwater Road and Parkridge Drive. Only one lot is proposed to be served by Fox Trotter Lane, lot 22 in Phase 2, the remaining lots will be served by Fox Trotter Loop. Lot 1 within Phase 1 of the subdivision has an existing home on it and currently has direct access onto Stillwater Road. Stillwater Road is classified as an existing rural minor arterial roadway in the Kalispell Transportation Plan. Section 3.09 (C) of the Kalispell Subdivision Regulations states that residential driveways shall not have direct access to arterial streets or State or Federal Highways. Since there is an existing driveway access onto Stillwater Road from Lot 1 of Phase 1 the owners may continue to use this existing driveway access. However, in the event of future subdivision. of Lot 1, or at such time that the lot connects to city sewer and/or water, access to Stillwater would need to be removed and all potentially future lots or the existing house would be required to access off of Fox Trotter Loop. In addition, lots 1 through 5 of Phase 2 will be prohibited from directly accessing Stillwater Load pursuant to section 3.09 (C) of the Kalispell Subdivision Regulations. B. Effects on Wildlife and Wildlife Habitat: Chapter 7 of the Kalispell Growth Policy, Goal 4, states, "Development should be compatible with important wildlife habitat and travel corridors as identified in Appendix A." Appendix A, Resources and Analysis Section, of the Kalispell Growth Policy provides a series of naps indicating important riparian wildlife habitat, and habitat areas for white tailed deer, mountain lions, elk, mule deer, and moose. These habitat maps are based on information provided by the Montana Fish, wildlife and Parks Information Services Unit. The 10 acre project site falls within an area of white tailed deer density of less than 15 per square mile. This density designation is also found throughout the City of Kalispell and areas to the north and west of the City. The resource section of Appendix A states that the areas with the greatest densities of white tailed deer are those areas with the highest white tailed deer habitat qualities (e. g. the Flathead / Stillwater complex) , or the areas which tend to winter large deer numbers (Fogs Lake -- Lone Pine area) . There is the possibility of white tailed deer to be found in and around development located on the project site, however, development of this property will not have an impact on winter range areas or prime riparian wildlife habitat. 3 C. Effects on the Natural Env�ironme nt: Surface and groundwater: This subdivision will be served by public water and sewer thereby M 1 ' * * g any potential impacts to the groundwater. As stated previously, the entire site is outside the 100 year floodplain and the closest surface water is an intermittent stream which lies approximately 350 feet to the southwest of the property. A Depth to Water Table map dated March 13, 2006 indicates the water table in this area is greater than 50 feet below the surface. Information in the Depth to Water Table was provided by the Flathead Lakers in consultation with the Flathead Labe Biological Station. Drainage. The site is relatively level throughout with slopes of up to 10% located in the northern portion of the property with these slopes diminishing the further south you travel on the lot. The site currently drains to the southwest, however, if the preliminary plat is approved, curbs and gutters will be installed with the subdivision and an engineered storm drain management plan will have to be developed to address the runoff from the site. The drainage plan will have to comply with the City of Kalispell's standards and State standards and will be required to be reviewed and approved by the Kalispell Public Works Department. D, Effects on Local Services: Water: Water service to the subdivision would be provided by the City of Kalispell and extended from a water main that lies to the east of this subdivision within the Parkri.dge Drive right-of-way. The main would be extended from its current location unrest across Stillwater Road within the Fox Trotter Lane right--of-way, Most likely the water system will be completed prior to final plat submittal. 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 grater system to accommodate this development. Seiner: Sewer service will be provided by the City of Kalispell with an extension of existing sewer mains from their current location south of the proposed subdivision. The sewer main would be extended north along Stillwater Road in order to serve the subdivision. Design and construction of the mains will be reviewed and approved by the Kalispell Public Works Department. There is adequate capacity within the sewage treatment plant to accommodate this development. Roads: The two new internal roadways, Fox Trotter Lane and Fox Trotter Loop, would be constructed within a 00-foot wide easement with a 28-foot wide travel surface along with curb, gutter, and sidewalks. The developer is proposing to exceed the . minimum 5-foot boulevard width and has proposed a 7-foot boulevard for the two internal streets. Fox 'Trotter Lane will be constructed within a 60-foot road right--of-way which will include the southern 30 feet of the 10 acre project site and a 30--foot strip, owned by the adjacent property owner to the merest, which provides access from Stillwater Road to the adjacent property. The property immediately west, Tract 1 of Certificate of Survey 7054, has agreed to dedicate their 30--foot strip of land in 4 order to accommodate a full right-of-way width which will be extended to the western property boundary of the project site. This will allow future development to the west of this subdivision to further subdivide and be provided an access road that meets current City design and construction standards. In addition, Fox Trotter Lane will be required to be built to city standards from Stillwater Road west past the intersection of Fox Trotter Loop. The exact extent of the fully built roadway will be determined by the Kalispell Public Works Department. There was discussion at the city's site review committee meeting to provide for a future road connection to the property immediately north of the project site. The committee had discussed recommending the cul-de-sac serving lots 8, 9 and 10 to be extended north through lot 9 to provide a future road connection should development occur on the property immediately north described as Parcel B of Certificate of Survey 13878. However, the topography on this portion of the site ranges from 6% to 10% with the average cross slope of the cul-de-sac at 9%. Due to the slopes in this area of the property a future road extension to the north is not feasible because the road would not be able to make the required 8% grade as required by the city's design standards for local roads. Therefore, a future road right-of-way to the north has not been recommended as part of this subdivision. Stillwater Road is designated as a rural minor arterial in the Kalispell Growth Policy and is identified as a second priority project for improvements. Stillwater Road has a 60 foot right of way and is a two lane rural arterial. The developer is proposing to provide an additional 10-feet of road right-of-way along the projects frontage of Stillwater Road. within this 10 foot easement, a pedestrian/bike path is recommended to be constructed. As stated above, Stillwater Road is designated as a rural minor arterial roadway and is experiencing increased volumes of traffic due to surrounding development. If the proposed subdivision is improved, it will add between 170 and 210 vehicle trips per day onto Stillwater Road and adjacent streets. Therefore, the Planning Department would recommend that the future lot owners waive their right to protest the creation of a special improvement district for upgrading surrounding streets to City standards to mitigate impacts of increased traffic in the area. Schools: This development is within the boundaries of the West Valley School District. The school district could anticipate that an additional 12 school aged children might be generated into the district at full build out. This number is used because it takes into account pre-school aged children, home school education options and private school education option. Not all of the children who live in the subdivision will be attending public schools. This would have a potentially significant impact on the district, particularly on a cumulative level with other developments pending within the district - both urban and rural particularly with high school -aged students. Parks and Open Space: The state and local subdivision regulations have parkland / open space requirements for major subdivisions in the amount of 11% of the combined area of all land to be divided into lots 1/2 acre and smaller. The area in lots is 7.19 acres creating an average lot size of 13,057 square feet, less than 1/2 an acre. 11% of the combined area in lots will require 34,470 square feet 0n park area or cash 'in lieu equivalent. The developer is proposing to dedicate the parkland requirement with a land dedication however the land dedicated for parks would be off site, approximately 1/4 mile to the northwest along Four Mile Drive. The proposed parkland would be 34,848 net square feet and would be created from Parcel A of Certificate of Survey 15697. Parcel A and the project site share a 33-foot common boundary *in the northwest corner of the 1 o-acre project site. In order to provide access to the off -site parkland the developer will. be providing a temporary access casement across lot to and across Parcel A of Certificate of Survey 15697. The Kalispell Parks and Recreation Director reviewed the proposed parkland dedication and agreed with the developer's proposal. The Parks and Recreation Department concluded that the city should take parkland instead of a cash in lieu payment. The parkland dedication required as part of this project combined with future development on Parcel A of Certificate of Survey 15697 would provide a larger park, possibly several acres in size, that the City of Kalispell would maintain. In addition to the parkland, the developer is proposing a 1 o-foot wide pedestrian/bike path easement along the eastern edge of the subdivision., adjacent to Stillwater Road in which a pedestrian/bike path will be constructed. As this is a phased project the recommended conditions of approval will require the developer to construct the first 65 feet of the pedestrian/bike path as part of phase 1 with the remaining portion of the pedestrian/ bike path constructed along the frontage of Stillwater Road as part of phase 2. Although the bike path would not connect to any other bike paths at this time, as property develops to the north and south of this project eventually a continuous bike path could be established along the west side of Stillwater Road. However, until a public agency accepts the on --going maintenance of the bike path, a homeowners association should be established to maintain the bike path. Police: This subdivision would be in the jurisdiction of the City of Kalispell Police Department once annexed to the City. The department can adequately provide service to this subdivision, however the cumulative impacts of growth within the City further strains the department's ability to continue to provide the high level of service the department is committed to. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department once annexed to the City, and the subdivision will be required to comply with the International Fire Code. The fire department will review and approve the number and location of hydrants within the subdivision as well as fire flows for compliance with applicable fire codes. Although fire risk is low because of good access and fairly level terrain, the fire department is recommending that access to the subdivision and the hydrants are in place prior to final plat approval and / or use of combustible materials in construction. Solid Waste: Solid waste will be handled by a private hauler in accordance with State statues and taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is close, less than 3 no miles from the site. E. Effects on Agriculture and agricultural water user facilities: The majority of the 10-acre site has been in farm production in the past. The Agricultural Soils Classification map in Appendix A, Resource and Analysis Section, of the Kalispell Growth Policy indicates the soils on the 10 acre project site are considered prune farmland soils if irrigated. The reap information was provided by the Natural Resource and Conservation Service. Current policies in the Kalispell Growth Policy, Chapter 3, Land Use: Agriculture, state the following: Policy 1 Encourage and create incentives to conserve agricultural lands. Policy 2 Encourage urban growth into areas which are not environmentally sensitive or productive agricultural lands. The proposed subdivision contradicts both of the above policies as the requested subdivision would not conserve any agricultural land on the site and does tape productive agricultural lands out of production. However, the Kalispell Planning Board and City Council recognize the need for growth to occur in Flathead County and in particular the City of Kalispell. In 2003 the City Council updated and adopted the Kalispell Growth Policy Future Land Use Map. As discussed further is section F of this report, the area of the proposed subdivision is designated Suburban Residential, which anticipates residential type development of up to 4 dwellings per gross acre. Allowing higher density development within the City's growth policy area, it could reasonably be expected, that more farmland could be conserved because the availability of residential and commercial lots the expanded growth policy area would create. F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future Land Use reap for the area indicates this area is anticipated to be developed as Suburban Residential. Areas designated as Suburban Residential are anticipated to be served by community water and sever and have good access to services and public facilities. The Suburban Residential designation is intended to reduce density and development impacts in sensitive areas and existing rural neighborhoods. This land use designation anticipates a density not to exceed four dwelling units per acre. The proposed subdivision has a density of 2.4 dwelling units per acre, within the anticipated density of the suburban residential designation. G. Compliance with Zoning: This property has been proposed to be zoned R- 2 a Single Family Residential district with a rni n i rn um lot size requirement of 9,600 square feet and a minimum lot width of 70 feet. The proposed lots within the subdivision comply with the requested R-2 zoning district. H. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations and no variances have been requested. 7 RECONMMNDATION Staff recommends that the Kalispell City Planning Board adopt staff report KPP-06-1 S as findings of fact and recommend to the Kalispell City Council that preliminary plat for Fox Trotter Meadows subdivision be approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, 7-foot wide boulevards and sidewalks. (Kalispell Design and Construction Standards and Findings of Fact Section D) 3. water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispel's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. (Kalispell Design and Construction Standards and Findings of Fact Section D) 4. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards and Findings of Fact Section C) S. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/ sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm.water Discharge Associated with Construction Activities. 6. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) I'm"] 7. The developer shall contact the Flathead County Road Department for a road approach permit onto Stillwater Road. If any improvements are necessary at the intersection of Stillwater Road and Fox Trotter Lane, these improvements shall be completed to the satisfaction of the Flathead County Road Department prior to final plat and the Flathead County Road Department shall so certify this in writing to the city. (Findings of Fact Section D) S. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, r Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flours shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance 10-3. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as a fire lane. 9. The parkland for the subdivision shall be located along Four Mile Drive on a Parcel A of Certificate of Survey 15697. The park area shall be a um of 34,470 square feet and shall be dedicated to the City of Kalispell. (Kalispell Subdivision Regulations, Section 3.13 and Findings of Fact Section D) 10. The developer shall provide a temporary 20-foot wide access easement across lot 10 and Parcel A of Certificate of Survey 15697 in order for residents of Fox Trotter Meadows to access the parkland site. (Findings of Fact Section D) 11. The 10-foot easement shown on the preliminary plat adjacent to Stillwater Road shall be dedicated to the public to increase the road right-of-way along Stillwater Road. Within the easement a paved bike and pedestrian trail, 10--feet wide and complying with AASHTo standards for bike and pedestrian trails, shall be constructed. These improvements shall be coordinated with the Kalispell Public Works Department, Parrs and Recreation Department, and the Flathead County Road Department. (Findings of Fact Section D) 12. A homeowners association shall be created for the maintenance and upkeep of the bike path along Stillwater Road serving the subdivision until such time as a public agency takes over maintenance of the bike path and the City of Kalispell takes over maintenance of the park. (Findings of Fact Section D) 13. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is prohibited unless approved by the Kalispell Department of Parks and Recreation." O� 1 4 . The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." (Findings of Fact Section D) 15. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Narks 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. 17. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be *installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22). 18. In the event of future subdivisions on lot 1 of phase 1, or at such time lot 1 of phase 1 connects to city sewer and / or water, access onto Stillwater Road shall be removed and all future lots or access to the existing house shall be required to access off of Fox Trotter Loop. (Findings of Fact Section A) 19. A note shall be placed on the final plat stating that lots 1 through S of Phase 2 shall be prohibited from directly accessing Stillwater Road. (Kalispell Subdivision Regulations Section 3.09 (C) and Findings of Fact Section A) 20. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 21. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 22. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 23. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 24. That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). 10 FOX TROTTER. MEADOWS SUBDMSIDN (Addendum) NALISPELL PLANNING DEPARTMENT STAFF REPORT KPP-06-15 JANUARY 31, 2007 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for a variance from the city's road design standards. A public hearing on the variance request willl be held before the planning board on February 13, 2007 in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. A. Petitioner and Owners: FESN, LLC 690 N. Meridian Road, Suite 103 Kalispell, MT 59901 (406) 752-2881 Tee al Assistance. Big Sky Surveying 222 Goat Trail Whitefish, MT 59923 A2Z Engineering 65 Commons Way Kalispell, MT 59901 B. Background: The planning board held a public hearing on the Fox Trotter Meadows subdivision, annexation and initial zoning request at their December 12, 2006 regular meeting. At that time the subdivision proposed a roadway on the south end of the property which included land on the subdivision site and a 30--foot wide strip of land included on the property immediately west of the subdivision, described as Tract 1 of Certificate of Survey 7084. The planning board recommended approval of the initial zoning district of R-2 and the proposed subdivision subject to the conditions contained in the staff report. Since the planning board's recommendation, the owner of the 30-foot wide strip of land had decided not to sign the annexation application and, therefore, the subdivision., as proposed to the planning board, could not be forwarded to the City Council. The developers of the Fox Trotter Meadows subdivision are requesting a variance to the road design standards to allow a 45-foot wide right-of-way instead of the required 60--foot light -of -way. The attached subdivision plat indicates the revised easement width and indicates that within the 45-foot right-of-way a 28-foot wide city street will be provided as well as a boulevard and sidewalk on the north side of the road. when the adjacent 10-acre property to the west proposes to further subdivide the 30-foot strip now located between Fox Trotter Meadows and lots 5, 6 and 7 of Quarter Horse Estates, would be included in the overall road right-of-way. C. Location and Legal Description of Property: The property is located on the west side of Stillwater Road at the northwest corner of the intersection of Stillwater Road and Parkridge Drive. The property has an existing house on it addressed as 250 Stillwater Road.. The property can be legally described as Tract 2 of Certificate of Survey 7084 located in Section 2, Township 28 North, Range 22 West. D. Nature of the bequest: This is a request for a variance from the road design standards found in the Kalispell Subdivision Regulations and the City of Kalispell Standards for Design and Construction. The Kalispell Subdivision. Regulations, Chapter 3 Design Standards, Table 1, requires local roads to have a ' ` um right- of-way of 60 -feet. The variance request is to allow a 45-foot road right-of-way within which a 28-foot wide street would be constructed. Curbs and gutters would be provided on both sides of the roadway however a landscape boulevard and sidewalk would only be constructed on the north side of the road. As the variance request is to allow a narrower right-of-way, at this time a landscape boulevard and sidewalk could not be constructed on the south side of the road due to the narrow right-of- way. Therefore, in addition to the 45 foot right -of -moray the developers are also requesting a variance from section 3.11, Sidewalks, of the Kalispell Subdivision. Regulations which requires sidewalks on both sides of a street. E. Size : Total Area: 11.2 acres Roads: 3.17 acres F. Est .g Land Use and Zoning: The property is developed with a residence and several outbuildings. Currently this property is in the County zoning jurisdiction. and is zoned AG-80, Agricultural, which has an 80 acre m.inim.u�n lot size requirement. The AG-80 zoning district is intended to protect and preserve agricultural land for the performance of a wide range of agricultural functions. It is intended to control the scattered intrusion of uses not compatible with an agricultural environment, including, but not limited to, residential development. G. A4Jacent Land Uses and .Zoning: This property is located in an area that could be considered to be on the urban fringes of Kalispell with the City Limits within 1/4 mile of this area. All of the zoning surrounding this site is either County AG-80, Agricultural, County SAG-10 or County SAG -5, Suburban Agricultural. The SAG-10 and SAG-5 zoning districts are intended to provide and preserve smaller agricultural functions and provide a buffer between urban and 'ted agricultural uses. The surrounding land uses include single family residential to the north, south and west. East of the site is a church as well as single family residences. North: Residential development, County AG-80 zoning South: Residential development, County SAG-5 zoning East: Church and residential development, County SAG-10 zoning West: Residential/Agricultural development, County AG-80 zoning H. General Land Use Character: The general land use character of the area is a mix of agricultural land with rural residential development in the County. There is a city subdivision, Empire Estates, with urban density immediately southeast of the proposed project site. I. Zoning: Currently this property is located in the County zoning jurisdiction and has a zoning designation of AG-80, Agricultural. This property is being annexed concurrently with review of a preliminary plat, Fox Trotter Meadows, and the developers are requesting an assignment of R-2, Single Family Residential, zoning district. 2 J. Utilities: This subdivision would receive full City services upon annexation and development. "Water: City of Kalispell Sewer: City of Kalispell Solid Waste: Private contract hauler/ City of Kalispell Gas: Northwest Energy Electricity: Flathead Electric Coop (underground) Telephone: Cen.turyTel (underground) Fire: City of Kalispell Schools: School District 5 Police: City of Kalispell REVEEW AND FINDINGS OF FACT Pursuant to Section 7.01, Variances, of the Kalispell Subdivision Regulations, the City Council may grant variances from Chapters 3, 4 and 5 of the subdivision regulations when because of particular physical surroundings, shape, or topographical conditions of a specific property, strict compliance would result in undue hardship and when it would not be essential to the public welfare. Such variances must not have the effect of nullifying the intent and purpose of these regulations. The governing body shall not approve variances unless it makes findings based upon the evidence in each specific case that. 1. The granting of the variance(s) will not be detrimental to the public health, safety or general welfare or injurious to other adj owning properties; The requested variance would reduce the required right-of-way width from 60-feet down to 4 5 -feet. However, a roadway meeting the minimum width requirements of 28 feet will still be constructed within the reduced right-of-way. Sidewalks will be constructed on the north side of the roadway where the concentration of housing will be from the subdivision. The Public Works Department did not have a problem with these variations from the design standards. With the reduced right-of-way and the need to shift the road alignment of Fox Trotter Lane slightly north from the original plans, Fox Trotter Lane will no longer line up with Parkridge Drive, located on the east side of Stillwater Road. The offset between the two streets will be approximately 30 feet. There is an existing driveway Located within the 30-foot strip south of Fox Trotter Lane between Fox Trotter Lane and lots 5, C and 7 of Quarter Horse Estates. The Public Works Department has reviewed this situation and does not see the road offsets and existing driveway location as a safety issue. However, when. the 10 -acre property immediately west of Fox Trotter Meadows is developed the 30-foot strip currently part of the property leading to Stillwater Road would be required to be dedicated as public right-of-way. At that time the Public Works Department may require that Fox Trotter Lane be re -aligned with Parkridge Drive. A landscape boulevard and sidewalk will be required on the south side of the lane. The. re --alignment may not be required if the Kalispell highway bypass is constructed through this area, which would sever Parkridge Drive, and make that portion of Parkridge Drive intersecting with Stillwater Road no longer functional. V 2. The conditions on which the request for a variance(s) is based are unique to the property on which the variance is sought and are not applicable generally to other property; The application states that the unique characteristics to the property are that it is located north of a mid section line which is an appropriate location for a future connector road from Stillwater Road to Farm to Market Road. Because Stillwater Road is designated as rural or arterial in the Kalispell Growth Policy, access onto Stillwater Road is lianited. In addition, the owner of the 30-foot wide strip is unwilling to dedicate the property as a public right-of-way at this time. Therefore, the developer of Fox Trotter Meadows is compelled to seek an alternative roadway design. 3. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, an undue hardship to the owner would result, as distinguished by a mere inconvenience, if the strict letter of these Regulations is enforced; The 45-foot right-of-way is being requested in part because a 30-foot wide strip of land located along the southern boundary of the subdivision site is not owned by the developers of Fox Trotter Meadows. The owner of the 30-foot wide strip of land originally agreed to include the 30-foot wide strip of land in the subdivision design allowing the creation of a 60--foot road right-of-way for Fox Trotter Lane. The property owner of the 30 -foot wide strip of land has since removed his land from the subdivision design. If a 60-foot road right-of-way dedication is required for the developer of Fox Trotter Meadows subdivision there is the potential for a 90-foot road right-of-way to occur *n the future if the property immediately west developed and dedicated the 30-foot wide strip as a public right-of-way. A 90-foot right-of-way is not desirable for a local road as the large areas outside of the boulevards could become maintenance issues. 4. The variance(s) will not cause a substantial increase in public costs; and No increase in public costs would occur if the variance is approved. A roadway meeting mini mum width requirements would be constructed. The only public improvement not included with the proposed roadway is a landscape boulevard and sidewalk on the south side of the road. These improvements would be made along with the possible re -alignment of the roadway with Parlaidge Drive when the 10 -acre property to the crest is developed and the 30-foot flag portion of that property is dedicated as public right-of-way. 5. The variance(s) will not, in any manner, vary the provisions of any adopted zoning regulations, or Master Plan. The requested variance would only deviate from the road design standards. No provisions in the zoning regulations or growth policy are proposed to be varied. RECOM WNDATION Staff recommends that the Kalispell Planning Board adopt the findings in staff report KPP-06- 15 (addendum) and recommend the Kalispell City Council approve the variance request to the subdivision regulations. W City of Kalispell Planning Department 17 -- 2nd Street East, Suite 2111 Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751--1858 MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION FEE SCHEDULE: FEE ATTACHED Major Subdivision (6 or more lots) $ DSO + $10 S / lot Mobile Home Parks & Campgrounds (6 or more spaces) $ DSO + $10S/space Amended Prelim inasy Plat Amendment to Conditions Only $350 base fee Re -configured Proposed Lots Base fee + $40 / lot Add. Additional Lots or Sublots Base fee + $1 DS /lot Subdivision Variance 100 (per variance) Commercial and Industrial Subdivision $9SO + $12 S /lot Fox Trotter Meadows SUBDIVISION NAME: OWNER(S) OF RECORD: FESN, LLC; and 406--752-2881 Name Windwalker Equestrian Estates, LLC Phone Mailing Address 690 N. Meridian Road, Suite 103 City Kalispell State MT i p 59901 'T`ECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name & Address Big Sky Surveying, 222 Goat Trail, Whitefish, MT 59923 A2Z Engineering, 65 Commons Way, Kalispell, MT 59901 Name & Address Name & Address Owncontact Michael W. Fraser, 2 53 -� 4 3 2 6 LEGAL DESCRIPTION OF PROPERTY: 250 Stillwater Road, and a tract on Four Mile Drive Property Address Tract 2 COS 7❑84, and portio of 12112 Assessors Tract No (s) Lot No(s) 1/4 Sec NE / 4 Section 2 Township 2 8N Range 2 2W PMM GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces 23 Total Acreage in Subdivision 11.24S7 • 7.194a 0.23 Total Acreage aura Lots um Size of Lots or Spaces 1 acre Total Acreage in Streets or Roads 3.1744 Maximum Size of Lots or Spaces Total Acreage in Parks, Open Spaces and/or Common Areas 0.7913 1 PROPOSED USE(S) AND NUMBED OF ASSOCIATED LOTS/SPACES: Single Family 23 Townhouse Mobile Home Parr Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other APPLICABLE ZONING DESIGNATION & DISTRICT R - 2 $8❑❑, ❑❑0 ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS IMPROVEMENTS TO BE PROVIDED: Roads: gavel Paved Curb x Gutter x Sidewalks x Alleys Other Water System: Individual Multiple User Neighborhood Public x Other Sewer System: Individual Multiple User Neighborhood Public _Cther Other Utilities: Cable TV x Telephone X Electric X Gas x Other Solid Waste: Horne Pick Up x Central Storage Contract Hauler Owner Haul. Mail Delivery: Central Individual x School District: Fire Protection: Hydrants Tanker Recharge Fire District: Drainage System: on -site retention PROPOSED EROSION/ SEDIMENTATION CONTROL: Best management practices such as silt fence along subdivision boundaries. V CES : ARE ANY VARIANCES REQUESTED? � ye s --- (yes/no) If yes, please complete the i.nformatlon below: Section 3.439 Design Standards- Table 1 SECTION OF REGULATIONS CREATING HARDSHIP: and standards for Design DS--05 Table 1. EXPLAJN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT C[]MPLMXCE WITH REGULATIONS Dedication of an additional 15 feet would result in a future right of way of 9 ❑ feet , when the 30-foot wide flag south of this project is developed. e 70wteet wouid be unused tor road or other accesses, a strip ot no man's iand. THe-variance d when the sidewalk is constructed. PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: Fox Trotter could dedicate a full, 60 feet and construct the sidewalk on both sides of the street. in the future there would be a dedication of the 30 feet resulting in a 90-foot street, 30 feet of which would not be used.. The 30 feet would become a no mans land, leaving the maintenance in. question. The owner of the 30 feet will not consent to the annexation with out purchase at an excessive -ralue. 2 PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVMED BELOW: 1. Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? No! A street meeting the design standards of the city except for a sidewalk on both sides can be constructed in the 4S foot right of way. Access to the subdivision by pedestrians will not be altered. The only change is a pedestrian would have to cross Fox Trotter Lane near the intersection with s water and not 5e able to cross further o the west. 2. Will the variance cause a substantial increase in public costs? No. The sidewalk on the south would be constructed when the westerly 10 acres is developed. There would be no cast to the City by delaying the construction to the future. 3. Will the variance affect, its, any manner, the provisions of any adopted zoning regulations, Master Plan or Growth Policy? No. The variance is to the Subdivision and Design Standards and does not effect the zoning ordinances. 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? Yes. The property is located directly north of the mid section line, a site proposed for a future collector extending from Stillwater Road to Farm to Market Road. Stillwater Road is a collector and accesses are to be limited. Access to the subdivision can be in no other locaElon. owners of e 30-155E wi e strip souEn of e property are not willing to dedicate the property to the City. 5. What other conditions are unique to this property that create the need for a variance? None. 3 APPLICATION CONTENTS: The subdivider shall submit a complete application addressing items below to the Kalispell Planning Department at least thirty five (35) days prior to the date of the Planning Board meeting at which it will be heard. 1. Preliminary plat application. 2. 10 copies of the preliminary plat. 3. One reproducible set of supplemental information. (See Appendix A of Subdivision Regulations for the city where the subdivision is proposed.) 4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size. S. Application fee. 6. Adjoin' m* g Property Owners List (see example below and attached notice from county Plat Room) Assessor# See-Twn-Rn Lot/Tract No Properowner & Mailing,Address I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein} on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. (Applicant) (Date) 4 FESN, LLC 690 N. Meridian Suite 103 Kalispell, MT 59901 January 12, 2007 Thomas Jentz Tri-City Planning office 17-2nd Street East, Suite 211 Kalispell, MT 59901 Re: Fox Trotter Meadows Dear Toni.: Enclosed is an Amended Preliminary Plat application and review fee of $400.00. The plat has been amended to delete the Tripp property from the annexation and subdivision. In the future when development of the parcel proceeds, the 3 0 -foot wide flag may be subject to annexation and dedication. Lots have been revised to show a 45-foot right of way and the application has been amended to request a variance from the 60-foot wide right of way and placement of the sidewalk on the south side. There are no other variances requested. -ranting the variance allows a full. width City street, with a 5 -foot boulevard on the north and 5 - foot side walk. The boulevard and sidewalk on the south would be constructed when, or if, the Tripp property is annexed. All other provisions of the subdivision as submitted on November 2 S'�' and presented to the Planning Board remain unchanged. Sincerely, FESN, o ' hael W. Fraser, P.E. NIW/Igh 06-062-001 Encl: as noted above No. 11423 NOTICE OF PC,3LiC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COM- MISSION FEBRUARY 13, 2007 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, Feb- ruary 13, 2007 begin- ning at 7.00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Ave- nue East, Kalispell. The planning board will hold a:.public hearing and take public comments on the following agenda items. The Board will make a recommenda- tion to the Kalispell City Qauncil who will take fi- nal action_ 1, A request by FESN, LIC and Windwalker Equestrian Estates, LLC for a variance from the Kalispell road and de- sign standards allowing the minimum right-of- way width be reduced from 60-feet to a 45-foot road right-of-way and provide for a boulevard and sidewalk on the north side of the road only. The road would serve a proposed 24 lot subdivision, Fox Trotter Meadows, which the planning board conduct- ed a public hearing on in December of 2006. At the February plan- ning board hearing the hoard will conduct a public hearing on the variance request only. The variance request is on a 10-acre property with an existing house on it addressed as 250 Stillwater Road. The property can be legally described as Tract 2 of Certificate of Survey 7084 located in Section 2, Township 28 North, Range 22 West. 2. Consideration to amend City Code sec- tion 4-1 regarding live- stock to :allow horses, ilules, sheep, goats and llamas within the City of Kalispell based on a density of one animal per acre of � �iLirr,. �!ve_S10CK is 4�i ei�tly pionibited in the c1TV, aocumenta:- pertaining to-. the. ag'da: en. ite-m� are. mf le for publid:.ihspec_. tl$: Katispe-f tarwiR9: Depameati ond:Strset` East. r e-. Ir= l _ r.evr. _w dWi r -a it Alt steid. 'pe nS. en�aged':ta abed' thy. hearing. anrake t r' VI OWs-ant. carte kn vanrn ": ta{.te i Y llf'ite cCL snit �-- eirt�w;a#�e' a€eddressPYtQ s: p►el�. �it�n� t11fU �: i horrtas Planning,Directar. `:: aanuaryi _ .. STATE OF MONTAN.A AFFIDAVIT OF PUBLICATION RICHELLE BR OUWER BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK. OF THE DAILY INTER LADE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. 11423 LEGAL AD'VERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF JAN 289 2007 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR. THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. 1 Subscribed and sworn to '-��''; • i } � a Before me this JANTJARY 29 o J' ,ij; r • �' Dorothy Ole ross Notary Public for the State of Montana Residing in Kalispell My Conunission expires 9/ 11/09 omdopzve' M'LLC ANa°T 2w SUBDIVISION PLA T OF., FOX TROTTER MEADOWS SE114 NE1/4, Section 2, T 28 N R 22 W, A M., M. Flathead County, Montana PARCa,.A C.aS. 13H) Pna�a car, OAR \ 9 m,aesnaroCkvsaae II trr>Ewo �/\ g LOT 9 "*+ 'x— seR PHASE 1 yls Da l o-ans3s LOT 8 LOT 1 / Aigl SiB'mQs-wGh Plant tAlo \ R.5S00' N,7P95eR • ru.AwgteueTows�ms LOT 10 lo�kR $ ltrtsAc / / 11,ml m \ \ !-SaSI59' Q Sat S/+4'r7f^iuhs'w.Mr PA w D271 /c Gdt'05'4�`R? ��� R.SSw ap ma/Aet{. .GIUH9.[aN touts iT a=ssm I �� e,tYaRe LOT 6 'a' / Rana U/Ylq,a LYieQtxvl [.tw y � j ^ {pH a/ j& znA W h D'y PPAM I f //Jrj ' 3 / p a.roDv / L04TnR s Aae LOT 7 '�i® I R ssa ' m s. Ft , 53,m / / o3 2 a..rrn� v ^ I 4 5500 a,� taeoms Mww LOT 11 I � t �-a2.,s• °�,� IW3154R I ` R'm w4yl r r R.nw oln A. N1r t>4 �ParAt WAA. ox Trot 1 f Fter r ram•• ••—�I Loop -- �---- PHASE 1 LOT 12 I LOT NET Acreage LOT 1.00 1o.23aACR I PHASE2 LOT 3 NET Acreage LOT 1 0.273 I LOT 2 0.234 LOT 3 0.234 I C f LOT 0.270 L LOT S 0.320 iDOxa igj LOT 6 0.277 0236 k ( 1 LOT 7 0.253 I LOT 8 0.336 LOT 9 0.298 LOT 10 0.297 LOT 11 0.2M I '4 LOT 12 0.234 LOT 13LOT 14 LOT 14 0 734 10.260 so R LOT 1s 0.282 4 LOT 16 0.291 LOT 17 0.226 TRACTI i LOT 18 0.291 cns.Awn 14 LOT 19 O.2M I j fk LOT 20 0.283 I t I LOT 21 0.291 s LOT 15 LOT23 0.29 tD�ieDkR ( I j ,errors iI [[ � L. SLOB ( k 1 TOTAL 7.192 Ac. R-zam i 1 =33 LOT 4 1 e Asian la3as saR { t � I 42i1 Ac I 3 1 ( I N a9.4T1 E 2 LOT 3 1D,26054R D]36 AC I I t jlt l l( I ) NBt'4f1 E I OSqR � � o�3a Ac 1 i LOT 1 11.371 DU5pR f D36t k I eL-3L r 1 I k-2aw f C 4.20.m [IUNn TRAa 2 GCS, 3m I t \ —Fox Trotter Lane s cite------------ — —� ---- � — TR. 1 car oral z 1 '-A �e5 N - y LOT$ LMS WTI � � � � IS WaN�naePUYs 1 x, 0,aru ftai Etas Q,ILf HotQ Eftrs yR � W E 8 )A sae l•-sa s8 fa��,r NhrvY.2' 5 NAVD aB DYurN HTAAP� BIG SKI L. Surveying &Wr v v No. =1 Ls 0940U N NT, ssPa7 f4m 80-a7.3.p LAk aRTIFICATE OF QTY XrMORY I, ES CHAW.HARSAI.1. fats Attomey for Me City of Kftd, MOUM do hweby cftWry UM I have OXWW ed the CUUMoste of TIM, Issued by a kamdMe conpsry, atadwd hvew, of *4 desatmd In the Cuftate of Dedication of the Wm Piet Of FOX TROTT6t MEADOWS.ofKatspekMontana, in the dty of Kaflw4 Mortwo ed hdlattie omO sIn fee *rVe of record have consented to pMttiq of said atduiM Dated tds dry of .2006. CNARLO HMISAlL, My NmrneY City of Kabspef, Mona / PARK DETAIL 4 MILE DRIVE «,rw eaa� I / IEGAL LlESIRIPI7Cf1 twat PIIE4 / TM Penbn of Na m, 4E1N, Sema1 AM, Mb dM. flange II YMt. PrR,cPpal faaf�l, faga4aa, naamd0apy, Pbgra Aebbalr6 / rgaPARK AREA caawwm.a:aq � w fuM..a min ur exu+++Ev4 � secm, z; TTena N 0.90A�c.Gross arsrw•Eam.wnytrnnd.wm.dtar.n5emazem�d / 2oR.m roes to a TPUE PONT OF 81922aMc ThR N SM/Sr E end at.o 0.80 AC. Net eea —0-1y b—de v a dla a 1MA fteh Team 5 OP26m' w MAW faoD Tbm S 99-573r M 11a76 Awt Thom N 00`Mt5' W 330.00 aaa In / thRRaaA0(aRpl4* Yltl araunt a5onne grL.d md.art: stdeae ata4nenR of Pma / sale 1� -aa yM roa T,atr la. aor ao.o' .o' e� aarad a& 140 uoV so Tx do r 4' CONC eTe TApt ODAT ALL SOEMYK hP. $URFAIMASIMIl DIME Elt IM TYR �3 Put la tow � r anmr a. sYee or Ve wa ( T-K) i' OP ]/�' a!<J pmA�T mat awl 97X f�INLL•IIOM Pf3t Aaatlm T-aa TYPICAL ROAD SECTION BA as 9A 403C.ALE Page 700M LOOP FOK TNOnet LAI4E plfm naeOWMW-) PHASE 1 LSM DSCRAMON 30 Dedkatbn Stillwater Road = 0.04 ac., 1930 sq. fL That Paton of the SE114 NEW4 of Sector 2,7orad,p 28 MOM, Rsye 22 VAs, 10' Oedkated Pedst3aln Path = 0.01 at, 643 sq. ft •Rm 3019.R R4ndpm Mendan, Montana, Fathead County, Moetsa deabw w fok+ uaac isv TRACT 2 of Cert sate of Survey No. 7084 records of Fo new Cm ky Mcrtaa PHASE 2 3al.. and wntai" 10.01 acres of land nitre a lest. SuoW to as ememeras 0f ecad. 30' Oedkatlon Stilhvater Road = 0.39 ac, 17022 sq.ft 10' Dedkated Pedestrian Path = 0.12 ac., 5374 sq.ft Fox Trotter Loop and FOX TROTTER LANE = 2.45 ac.