Loading...
4. Resolution 5248 - Preliminary Plat - Northland Subdivision Phase 4RESOLUTION NO.5248 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF NORTHLAND SUBDIVISION PHASE 4, MORE PARTICULARLY DESCRIBED AS A 5.8 ACRE PORTION OF ASSESSOR'S TRACT 1 LOCATED IN SECTION 1, TOWNSHIP 28 NORTH RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Bridgeland Development, LLP, the owner of the certain real property described above has 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 October 9, 2007, on the proposal and reviewed Subdivision Report #KPP-07-11 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Northland Subdivision Phase 4, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of November 5, 2007, reviewed the Kalispell Planning Department Report #KPP-07-11, 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 #KPPW07-11 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Bridgeland Development, LLP for approval of the Preliminary Plat of Northland Subdivision Phase 4, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: General Conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). 3. Prior to anv excavation or earthwork, a City Storrnwater Management Permit shall be approved and issued from the Kalispell Public Works Department.. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SYv`PPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and Findings of Fact Section Q Prior to fiinal_plat 4. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat approval. (Findings of Fact Section A) 5. The 60-foot road right-of-way shall be dedicated to the city as shown on the preliminary plat. This includes the 30-foot wide strip currently located on Tract 2 of Certificate of Survey 13923. 6. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Ialispell'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 includes the extension of Summit Ridge Drive to Northland Drive and Northland Drive to Four Mile Drive. All new city streets as shown on the preliminary plat shall include, but not be limited to, paved streets, street lighting, street s ignage, curb, gutter, landscaped boulevards and sidewalks on both sides of the street. (Kalispell Design and Construction Standards, project proposal) Note: The flow and pooling of water at the west end of Summit. Ridge Drive shall be considered in the design and construction of the road infrastructure and storm water management systems. Note: Traffic calming devices shall be utilized to maintain the posted speed limits along Northland Drive and Summit Ridge Drive. Designs shall be reviewed and approved prior to construction and a letter from Public Works obtained indicating approval of any necessary measures prior to final plat. This shall specifically include, at a minimum, a traffic calming device at the intersection of Summit Ridge Drive and Northland Drive. 7. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. (Kalispell Design and Construction Standards) 8. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwaterr-report and an engineered drainage plan that meets the requirements of the current City Standards for Design and Construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards) 9. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 10. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) 11. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B . b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking fire lane." 12. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11) 13. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland equal to 0.57 acres of land. The payment shall be based on the fair market value of undivided, unimproved land. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Section D). 14. A park maintenance district shall be formed incorporating all the lots within the subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city in which case the taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 15. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to city standards which are impacted by this subdivision." (Findings of Fact, Section D) 16. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from. the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09) 17. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Subdivision Regulations, Section 3.18) 18. 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) 19. 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)) 20. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature (Kalispell Subdivision Regulations, Section 3.18(E)) 21. A homeowners association for the subdivision shall be created prior to final plat that includes a provision for the maintenance of the common area along Four Mile Drive. (Findings of Fact, Section D) On izoiniz conditions: 22. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 23. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE CITY of KALISPELL, THIS STH DAY OF NOVEMBER, 2007. Pamela B . Kennedy Mayor .ATTEST: Theresa White City Clerk City of Kalispell Planning Department 17 - 2' Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com October 31, 2007 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Bridgeland Development LLP - Northland Phase 4 rezone and preliminary plat request Dear Jim: The Kalispell city Planning Board met on October 9, 2007 and held a public hearing to consider a request by Bridgeland Development LLP for a zone change from City R-4, Two Family Residential. to City R-3, Single Family Residential and preliminary plat approval for a 19 lot subdivision on 5.83 acres. The property is Phase 4 of the Northland Subdivision and consists of a 170 foot by 1,525 foot strip of land located south of Four Mile Drive and north of Northland Subdivision phases 1-3. The Meadows, North Haven Heights, and Summit Ridge Subdivisions make up the eastern boundary of the project. The property can be legally described as assessor's tract 1 located within the NE 1I4 Nw 1I4 of Section 1, Township 28 North, Range 22 west, P.M.M., Flathead county, Montana. Nicole C. Johnson of the Kalispell Planning Department, presented staff reports # KZC -- 07-01 and KPP-07-11, evaluated the proposal, and recommended the planning board approve both the change to R-3 and the preliminary plat request subject to 23 conditions contained in the staff report. She explained that the property was annexed into the city in 1999 with an initial zoning of R-4 and a PUD overlay. However, the project did not develop within the allotted time frame and the property reverted to the base zoning designation of R-4. The developer requested the R-3 zoning because it suited the single family residential subdivision he has proposed and the character of the neighboring area. Mrs. Johnson also relayed public comments received prior to the meeting; the comments came primarily from the Summit Ridge neighbors to the east of the project that had concerns about: the potential increase in traffic that would result from a connection to Summit Ridge Drive, drainage and stormwater issues, and speeding along both Summit Ridge Drive and Northland Drive. As a result of the comments, amendments to Condition 6 were recommended to make the developer aware of an existing drainage and storm water issues at the west end of Summit Ridge Drive and also to require traffic calming devices along Northland Drive and Summit Ridge Drive, such as bulb -outs and traffic circles, to ensure vehicles travel at the posted speed limit. Condition 6 was revised as follows.- 6. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure includes the extension of Summit Ridge Drive to Northland Drive and Northland Drive to Four Mile Drive. All new city streets as shown on the preliminary plat shall include, but not be limited to, paved streets, street lighting, street sigrnage, curb, gutter, landscaped boulevards and sidewalks on both sides of the street. (Kalispell Design and Construction Standards, project proposal) Note: The flow and vooling of water at the west end of Summit Ride Drive shall be considered in the design and construction of the road infrastructure and storm water management systems. Note: Traffic calming devices shall be utilized to maintain the-p2sted speed limits aloe Northland Drive and Summit Ride Drive. Designs shall be reviewed and approved nor to construction and a letter from Public Narks obtained indicating a roval of an necessM measures prior to final plat. This shalls cificoy include at a minimum a traffic calming device at the intersection of Summit Rid e Drive and Northland Drive. At the public hearing the developer and two of his consultants spoke to the merits of the project. These included the single family housing type, larger lot sizes, intention for common area, drainage and storrnwater management. Ten neighboring residents also commented. The majority of the speakers opposed the subdivision portion of the request based on concerns with the traffic --related impacts, potential water impacts to surrounding properties, air quality and change to the adjacent neighborhood character. It was also noted that in 1999 when the Waterford development was approved, the City Council promised the Summit Ridge neighborhood any future connections to Summit Ridge Drive would be for emergency access only. After the public hearing was closed the planning board first discussed the rezoning of the project site and recommended unanimously that the city Council approve the R-3 zoning for the site. Discussion ensued following the zone change approval on the proposed 19 lot subdivision. The board asked staff to address the issues raised by the public. Tom Jentz said City Council did approve the Waterford development through the PUD process and added that the connection to Summit Ridge Drive was agreed to be limited to emergency access use. However, he said two main ingress/egress were proposed to serve the Waterford. development - one at Four Mile Drive and one at Stillwater Road. The Montana Department of Transportation abandoned the Stillwater connection and the PUD/project no longer exists. He also noted that the Northland development was not being discussed at the time. connectivity has become a priority and is needed in this case with the development occurring in the area. He also suggested the majority of traffic would likely use Northland Drive to access Four Mile and US 93 where there is a safer intersection with a light. Mr. Jentz reminded the planning board that it was important for the city to provide multiple connections between subdivisions for safety reasons and to better disperse traffic. Mrs. Johnson handled the questions about stormwater and air quality. The engineer, Brett Walcheck of 48 North, would design the storm water system and mitigate the existing flow and pooling that occurs at the wrest end of Summit Ridge Drive. The developer is responsible for mitigating storm water to historical levels and certifies with his license that the design is sufficient. In addition, the infrastructure improvements go through a variety of reviews by the Public Works Department. Air quality management is part of the storm water program and is managed by Public Works. Mr. Jentz added that occasionally fines are levied for non- compliance. 2 One additional revision was necessary to correct an error in the amount of park land required that would be used to pay cash in lieu of the land. Condition 13 was amended as follows: 13. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland equal to 0:44.0.5 7 acres of land. The payment shall be based on the fair market value of undivided, unimproved land. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Section D) . Ultimately the board voted to unanimously adopt the staff report as amended and recommend to City Council the preliminary plat be approved. Support for the subdivision and connection to Summit Ridge Drive was based on the changing character of the area and the need for connectivity between subdivisions within city boundaries. Please schedule this matter for the November 5, 2007 regular Kalispell City Council meeting. You may contact this board or Nicole C. Johnson at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Bryan H. Schutt President Attachments: Exhibit A - Conditions of Approval Staff report # KZC-07-01 / KPP-07-11 and application materials Minutes from the 10 / 9 / 07 planning board meeting c w/ Att: Theresa white, Kalispell City Clerk c w / o Att: Bridgeland Development LLP 622 St. Andrews Drive Columbia Falls, Montana 59912 48 North P.C. 151 Business Center Loop Kalispell, Montana 95501 Sitescape Associates P.O. Box 1417 Columbia Falls, Montana 59912 IT A NORTHLAND PHASE 4 SUBDIVISION CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD OC'T OBER 9, 2007 The Kalispell city Planning Board recommends to the Kalispell city council that the preliminary plat for Northland subdivision Phase 4 be approved subject to the following conditions: CONDITIONS OF APPROVAL General conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C -Final Plat) 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). 3. Prior to excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and Findings of Fact Section C) Prior to final lat: 4. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat approval. (Findings of Fact Section A) 5. The 60 -foot road right-of-way shall be dedicated to the city as shown on the preliminary plat. This includes the 30-foot wide strip currently located on Tract 2 of certificate of Survey 13923. 6. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the city of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure includes the extension of Summit Ridge Drive to Northland Drive and Northland Drive to Four Mile Drive. All new 5 city streets as shown on the preliminary plat shall include, but not be limited to, paved streets, street lighting, street signage, curb, gutter, landscaped boulevards and sidewalks on both sides of the street. (Kalispell Design and Construction Standards, project proposal) Note: The flow and pooling of water at the west end of summit Ridge Drive shall be considered in the design and construction of the road infrastructure and storm water management systems. Note: Traffic cah ing devices shall be utilized to maintain the posted speed limits along Northland Drive and Summit Ridge Drive. Designs shall be reviewed and approved prior to construction and a letter from Public works obtained indicating approval of any necessary measures prior to final plat. This shall specifically include, at a minimum, a traffic calming device at the intersection of Summit Ridge Drive and Northland Drive. 7. water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the grater and sewer mains have been built as designed and approved. (Kalispell Design and Construction Standards) 8. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City Standards for Design and Construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards) 9. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/ sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 10. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) 11. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20) . a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. 0 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 creed abatement shall be provided in accordance with City of Kalispell ordinance 10-8. e. street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking fire lane.' 12. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell, Subdivision Regulations, Section 3.11) 13. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland equal to 0.57 acres of land. The payment shall be based on the fair market value of undivided, unimproved land. (Kalispell Subdivision Regulations, Section. 3.19 and Findings of Fact Section D) . 14. A park maintenance district shall be formed incorporating all the lots within the subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city in which case the taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 15. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to city standards which are impacted by this subdivision." (Findings of Fact, Section D) 16. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the iuzal plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09) 17. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Subdivision Regulations, Section 3.18) 18. 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 7 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) 19. 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)) 20. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, crater or sewer service to the public, the right to the joint use of an easement for the construction., maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature (Kalispell Subdivision Regulations, Section 3.18 (E)) 21. A homeowners association for the subdivision shall be created prior to final plat that includes a provision for the maintenance of the common area along Four Mile Drive. (Findings of Fact, Section D) Ongoing -conditions: 22. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 23. All areas disturbed during development shall be re -vegetated with a weed. -free mix immediately after development. 8 BRIDGELAND DEVELOPMENT LLP REQUEST FOR ZONE CHANGE FROM R-4 TO R -3 STAFF REPORT #IZC-07-0 1 REQUEST FOR NORTHLAND SUBDIVISION PHASE 4 STAFF REPORT #RPM'-07- 11 KALISPELL PLANNING DEPARTMENT OCTOBER 231, 2007 (AS AMENDED) This is a report to the Kalispell City Planning Board and the Kalispell City council regarding a zone change for approximately 5.8 acres from R-4 to R--3 and a subdivision to create 19 residential lots. A public hearing has been scheduled before the Kalispell City Planning Board on October 9, 2007 beginning at 7:00 PM, to consider appropriate zoning for the property to be annexed and the subdivision request. The Planning Board will forward a recommendation to the Kalispell City Council for consideration. BACKGROUND INFORMATION The 5.8 acre area proposed for the zone change and subdivision was part of a larger 23 acre project site annexed into the city in May of 1999. Waterford of Flathead Valley LLC proposed the annexation with initial zoning districts of RA-1 and. R-4 for the 23 acre site. Along with the annexation and initial zoning request the developers received approval of a Planned Unit Development (PUD) to accommodate a senior housing complex. The PUD, Resolution number 4461, was also approved in May of 1999 but with the condition that the PUD terminated by July 1, 2005 if the project had not been built. This project was not constructed and the land remains vacant. The original R- 4 / PUD zoning on the 5.8 acre project site, before the planning board and city council, reverted back to an R-4 zoning district after July 1 of 2005. The owner would now like to develop this property in accordance with the development currently taking place in Northland phases 1 -3. This includes single family homes, one or two stories, on larger residential lots. Although the developer could build the same type of housing on larger lots with the existing R-4 zoning, the R-4 would have permitted duplexes on each of the lots. This is not the developer's intention and, after discussion with the planning department, the developer opted to rezone the property from R-4 to R-3. This still provides the size and type of lot that the developer wants in order to build larger, single family homes. This rezone also provides the neighbors immediately west of the site with the assurance that single-family homes would be constructed on the lots which would be in keeping with the existing, established neighborhoods of North Haven Heights and Summit Ridge. For the city this eliminates the potential for a future developer to construct a long row of duplex units, all of which would most likely have a garage oriented design. This type of housing design tends to �asually detract from the adjoining streetscape and is not generally promoted by the planning department. A. Petitioner 1 owuer: Bridgeland Development LLP 622 St. Andrews Drive Columbia Falls, MT 59912 (406) 562-3300 Technical Assistance: 48 North P.C. 151 Business center Loop Kalispell, MT 59901 Sitescape Associates Po Box 1417 Columbia Falls, MT 59912 B. Nature of the Request: This is a request for a zone change from R-4, Two Family Residential, to R-r3, Urban Single Family Residential, on approximately 5 . S acres of land located south of Four Mile Drive and north of the Northland subdivision phases 1 -3 . The Meadows, North Haven Heights, and summit Ridge subdivisions make up the eastern boundary of the project. As part of the subdivision, a roadway connecting summit Ridge Drive north to Four Mile Drive would be constructed. A small park is also planned on the north end of the project site adjacent to Four Mile Drive that is 9,147 square feet in size. The proposed subdivision included in this request wrould. plat 19 lots ranging m size from 3,390 square feet to approximately 10,800 square feet in size similar to development to the east and south of the property. The city R-3 zoning district has a minimum lot size of 7,000 square feet and a minimum lot width of 60 feet. C. Location and Legal Description of Property: The property included 'in the zone change and subdivision consists of a 170 foot by 1,525 foot strip of land located south of Four Mile Drive and north of Northland subdivision phases 1--3. The Meadows, North Haven Heights, and summit Ridge subdivisions make up the eastern boundary of the project. The property can be legally described as assessor's tract 1 located within NE 1/4 NW 1/4 of section. 1, Township 28 North, Range 22 west, P. M . M . , Flathead county, Montana. I3. Existing Land Use and Zoning: The property proposed for the zone change and subdivision is currently vacant. The existing zoning is R-4, Two Family Residential, which was placed on the property upon annexation in 1999. Although originally approved for a senior housing complex, that project was never built and the land has sat idle since coming into the city. E. Adjacent Land Uses and zoning: The property is located in an area which, until recently, made up part of the western edge of the city. To the south is the Northland subdivision, approved in 2004, consisting of 83 single family lots similar to those proposed in Northland phase 4. To the west is vacant land within city limits. The land west of proposed lots 1--7 of Northland phase 4 is owned by Bridgeland Development LLP. Immediately north of the project site is the Kids Sports athletic complex. To the east of the project site are three separate subdivisions; The Meadows, a development wNdthin the city consisting of 138 condominium units and approved in 2006, North Haven Heights, a residential subdivision stid in the counter consisting of 32 single family lots approximately �/2 acre in size, and Summit Ridge, a single family residential subdivision in the city with lot sizes ranging from 11,000 square feet to upwards of 17,000 square feet. North: Kids sports, P- 1 zoning South: Single family residential, R-3 / PUD city zoning East: Single family residential/ corndomm' ium apartments, R-3, R- 4 / PUD, County R-2 zoning West: Vacant land, R--3 / PUD, RA-1 Figure 1. Aeriad photograph of the proposed Northland Phase 4 and F. Proposed Zoning: The proposed R-3, Urban Single Family Residential zone lists single-family residences as a permitted use and has a minimum lot size requirement of 7,000 square feet and a minimum, lot width of 60 feet. setbacks are 20 feet in the front and rear and five feet on the sides. This zoning reflects the lots that are being proposed in the subdivision with regard to lot size and the single family homes intended for development G. General Land Use Character: The general land use character of this area can be described as primarily single family residential with the current city limits surrounding the site except for a portion along the western boundary which is included in the North Haven subdivision. H. Utilities and Public Services: All available pub is sen�rices and facilities will be provided to these properties at the same fevel of service as other properties simil ariv situated in the city limits. I. 1. 2. 3. Sewer: City of Kalispell Water: city of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: Northwestern Energy Company Telephone: CenturyTel Schools: School District #5, Kalispell Fire: Kalispell Fire Department Police: Kalispell Police Department EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2 -303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76--2-304, M. C.A. and Section 27.30.020, Kalispell Zoning Ordinance. Does the requested zone com l with the growthpolicy? The property is designated by the Kalispell Growth Policy 2020 as "Urban Residential" which is defined as anticipating three to twelve dwellin gs per acre. The R-3 zoning district has a 7,000 square foot -minimum lot size, is limited to single family residential development and has a typical maximum gross density of up to 4 units/ gross acre. The R-3 zone does comply with the 3- l2 units per acre called out by the growth policy and would provide a lower residential density to comply with the neighborhood character than the existing Rr-4 zoning district. Is the requested zone desi. ed to lessen congestion in the streets? It can be anticipated that the proposed zone change of the property will increase traffic impacts in the area due to the relatively low density of the area currently and the relatively higher density allowed under the proposed R--3 zoning district. Traffic impacts to the area can be accommodated with the e�dsting roadway systems and the new internal roads that will be developed as part of the subdivision on the project site. The proposed zoning carries with it the checks and balances, including the need for subdivision review, which will insure that traffic flows and access are appropriately addressed. Will the reguested zone secure safety from fire, 12anic, and other dangers? New construction will be required to be in compliance with the building safety codes of the city which relate to fire and building safety. Adequate public facilities are available to the site in the ease of an emergency. All municipal services including poiice and fire protection including hydrants}, water and. M 01 serer service is available to the area and will be extended as part of the development of this property. 4. Will the requested zone promote the health andeneral welfare? The requested R--3 zoning classification will promotee the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties and provides a place for new housing in the community. S . Will the requested zone rovide for ade uate light and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell zoning ordinance to insure adequate light and air is provided. 6. Will the re uested zone -prevent the overcrowdin of land? This area is designated as being within the Kalispell Potential Utility Service Boundary in the Kalispell Growth Policy and is anticipated for urban residential. development. Now that public water and sewer are available in the immediate area, an R-3 zoning designation is appropriate. All public services and facilities will be available to serve this subdivision. 7. Will the requested zone avoid undue concentration of people? The allowable density for this property will decrease as a result of the zone change. This in turn will provide for future development which will be one house per lot. This project will not pose a negative impact from undue concentration of people. 3. Will the reguested zone facilitate the ade uate provision of transportation, grater, sewerage, schools arks and other Public requirements? All public services and facilities are currently available or can be provided to the property. Development should be encouraged in areas where these services are available. Fire, police, ambulance and public access are adequate to accommodate potential impacts associated with the development of this site. There will be impacts to services that can be anticipated as a result of this proposal which can be met by the city. All public services and facilities are currently available or can be provided to the property. 9. Does the requested zone ve consideration to the PaTticular suitability of the property for particular uses? The proposed R-3 zoning district is consistent with the surrounding zoning and land uses in the area and gives due consideration of the suitability of this property for the permitted uses in the district. Densities below what is being proposed would not serve the community as a whole considering the level of growth and interest in the type of lots that are being proposed. 1 o . Does the requested zone give reasonable consideration to the character of the district? The general character of the area is urban sized lots for singe family residential development on city sewer. The proposed zone change takes into account the existing land use pattern in the area and allows this development to address needs within the community for housing and support services in reasonable proximity to the city core. 11. will the Proposed zone conserve the value of buildin s? The development anticipated under the proposed R-3 zoning is no more intensive than the land uses to the south and east of the project site. City standards will insure that there is high quality development which will insure the value of buildings and homes is protected, maintained and conserved. Value of the buildings in the area will be conserved because the zoning will promote compatible and like uses on this property as are found on other properties in the area. 12. Will the re uested zone encourage.- the most app ro riate use of the land throu bout the munici ali ? Urban scale residential development should be encouraged in areas where services and facilities are available such as is being proposed on this parcel. The proposed R-3 zoning is consistent with the future land use designations for the area and surrounding zoning in the area. H. REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT OF NORTHLANDS PHASE 4 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 Mnto the city. The property is considered to be at lour �-lsk of fire because the subdivision and homes %within the subdivision would be 6 constructed in accordance with the International Fire code and have access which meets city standards. Hydrants will be required to be placed in compliance with the requirements of the aforementioned code and approved by the fire chief. The fire access and suppression system should be installed and approved by the fire department prior to fmal plat approval because of potential problems with combustible construction taking place prior to adequate fire access to the site being developed. Flooding: According to the Flood Insurance Rate Map (FIRM) Panel # 1805 dated 9 / 30 / 92 the site is located entirely in Zone C which is not a flood prone area and no special permits are required for development. Access: Access to the individual lots will be provided by the construction of a new city street connecting the existing tern =' us of Northland Drive, on the south side of the site, north to Four Mile Drive. This new city street will also connect with Summit Ridge Drive. Summit Ridge ]give is a city street within a 60 -foot road right--of-way and currently terminates at the project site's southeastern boundary, immediately adjacent to proposed lot 1. The new city street connections will allow vehicular and pedestrian traffic to travel north to Four Mile Drive. On -site Improvements: The City of Kalispell has required past subdivisions to complete a minimum of two-thirds of the necessary infrastructure (water, sewer, roads, etc.) prior to fling the final plat. The city staff recommends this condition on each plat because staff would like to insure that prior to issuing a building permit on a new lot, there is access which meets the fire department's minimum standards as well as water and surer services. The city has in the past allowed subdivisions to file a final plat and subsequent home construction to begin prior to a majority of the infrastructure installed. Problems have arisen in the past with insufficient water for fire suppression and sewer mains not working properly as new homes are being occupied. Therefore, in order to mitigate these potential impacts to the public's health and safety, staff is recommending a condition requiring a minimum of two-thirds of the infrastructure be installed prior to final plat. B. Effects on Wildlife and Wildlife Habitat: This area is highly urbanized with little or no remaining wildlife habitat on the project site or in the immediate area. There may be some migratory birds and an occasional deer may visit the site, however, this area does not provide significant habitat for wildlife due to the developed nature of the area. C, Effects on the Natural Environment: Surface and groundwater: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. As stated previously, no portion of the site is within the 10o year floodplain as shown on the (FIRM) panel. # 1S05. A Depth to Water Table map dated March 1 �, ?: a 006 indites t-he �v ater tai ble s greater than So feet below the surface throughout the project site. Due to the water table depth staff would not recommend any prohibitions on basements within this development. Information in the Depth to water Table was provided 7 0 by the Flathead Lakers in consultation with the Flathead Lake Biological Station.. Drainage. This site is situated on the eastern aspect of a small hill. curbs and gutters will be installed along the streets throughout the subdivision and stormwater in the area of lots 1-11 will be conveyed south, along the storm sewer for the road way and tie into existing stormwater collection areas already constructed for Northland phase 3. For lots 12--19, stormwater will also be conveyed via roadway gutters and will travel north to a small stormwater detention area, shown as a park lot on the preliminary plat. A condition of approval requires that a homeowners association be created for the maintenance of the stormwater detention area. As part of the maintenance of the stormwater detention area the association would be required to mow the area to reduce the fire hazard and reduce the spread of noxious weeds in accordance with city codes. The City of Kalispell recently adopted an ordinance to address erosion control and stormwater pollution prevention. The new ordinance requires a developer to obtain a city stormwater management permit and a State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP) prior to any grading activities on the site. These plans provide for managing stormwater on the site and include stabilizing the construction site through an approved revegetation plan after site grading is finished. Effects on Local Services: Water: water service to the subdivision would be provided by the city of Kalispell and likely extended from a water main located within the road right-of- way for Northland Drive, immediately m ediately south of the site. 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 crater system to accommodate this development. Seger: Sewer service will be provided by the city of Kalispell with service connections to an existing sewer gravity line and force main located within the proposed road right -of moray from Four Mile Road to Northland Drive for this subdivision. The sewer main was installed in order to service the residential units in The Meadows condominium development located east of the project site. Design and construction of the service connections will be reviewed and approved by the Kalispell Public Works Department. There is adequate capacity within the sewage treatment plan to accommodate this development. Roads: Traffic projections for this subdivision are estimated to be approximately 133 to 190 additional individual vehicle trips per day based on the estimates of 7 -- 10 vehicle trips per residence per day in the area onto Four Mile Drive. 8 As part of the subdivision the developer will be constructing a new roadway, built to city standards, which includes a minimum of a 28-foot driving surface, landscaped boulevards and sideways on both sides of the road, which would connect Four Mile Drive to Northland Drive. The preliminary plat shows the road right-of-way, the majority of which is under the control of the developer for phase 4. However, a 30-foot wide strip of right -of way- is under the ownership of the adjacent tract of land, Tract 2 of certificate of Survey 13923. As a recommended condition of approval, the proposed 60-foot road right-of-way will be required to be dedicated to the city. This includes the 30-Moot wide strip on Tract 2 of Certificate of Survey 13923. This dedication will need to be shown on the final plat. The developer will also be constructing a small road section to the east connecting Summit Ridge Drive with this new roadway. The connection will provide better traffic circulation for this area by providing a road network north to Four Mile Drive. Four Mile Drive currently extends from Highway 93 at a signalized intersection west approximately one-half mile. Future plans for Four Mile Drive have the roadway extending another half mile west and connect with Stillwater road. There are also plans to provide a roadway connection between Four Mile Drive and Reserve Loop, which provides access to commercial business and the new Glacier High School. Summit Ridge Drive will see more traffic as the roadway currently terminates at the eastern boundary of the subdivision. However, residents in Northland phase 1-3, Summit Ridge and Northridge Heights subdivisions will have a secondary access to the north to Highway 93. Currently, residents within these subdivision need to travel south and/or east to the intersection of Northridge Drive and Highway 93 or Summit Ridge Drive and Highway 93 to travel north on the highway. The development of this subdivision will provide them with easy access to - a signalized intersection, improving their access to the north. Overall there will be moderate impacts to Four Mile Drive as a result of this subdivision. Four Mile Drive is a paved, two lane roadway that is in fair condition but currently lacks through access to Stillwater Road to the west or Reserve Loop to the north. Four Mile Drive also lacks curbs, gutters, boulevards and sidewalks along the majority of the road.. At some point, consideration will need to be given to the upgrading and widening of Four Mile Drive as development continues to occur in the area. Impacts to Four Mile Drive are incrementally increasing. There are no development impact fees yet in place assessed by the city of Kalispell to upgrade Four Mile Drive. Therefore, the planning department is recommending that at a minimum a waiver to protest the creation of a special improvement district for upgrading roads impacted by the development, in this case it would be Four Mile Drive, to city standards has been included as a recommended condition of approval. The Montana Department of Natural Resources and Conservation (DNRC) commented on the proposal. The agency expressed concern over the jurisdiction of .Four Mile Drive noting that the road on the plat is shown as a 60 foot county right-of-way. DNR.0 suggested that the portion of the right -of -moray located on the underlying State Trust Land ownership has never been legally established. The subdivision only includes upgrades to the south portion of the 9 road which do not include that portion of the right-of-way that exists on state Trust Land. This is an ongoing issue and does not effect this subdivision. Schools: This development is within the boundaries of the Kalispell school District # 5 . The school district could anticipate that an additional 10 school aged children might be generated into the district at full build out. This number takes into account pre-school aged children, home school education options and private school education options. Not all of the children who live in the subdivision will be attending public schools. This subdivision would have a potentially significant impact on the district, particularly on a cumulative level with this subdivision in addition to other developments pending within the district. Parks and Open Space: The state and local subdivision regulations have parkland /open space requirements for major subdivisions in the amount of 0.03 acres per dwelling unit for subdivisions where residential densities exceed 11,880 square feet per dwelling unit. � �-�e�ee� e#'�e Ee��e�-�e�--arf-�" ia+s one L,,if „ o Arld �»�--, The area in lots is 3.78 acres creating an average lot size of approximately 8,600 square feet which exceeds the densities mentioned above ��������*,<. ,oS8 +�,,,., ,.ro ,�.,,f an ,,,,,.e Approximately 0.57 acres shall be dedicated or a cash in lieu payment of the land be provided to the City. �'IA. %eAVx%e~ e e^* -�' *ki@ --,�-' -' ' •„ „ mot, i;o„ The developer is proposing a small parr lot, approximately 9,000 square feet in size, located on the northern end of the subdivision, adjacent to Four Mile Drive. The parr area would primarily serve as the storm water detention area for the subdivision. After reviewing the proposed park area, the Kalispell Parrs and Recreation Department is recommending that the parkland requirement of :-4--�0.57 acres be met by a cash in lieu payment instead of a combination of parkland, shown on the preliminary plat, with the remaining park requirements made by a cash in lieu payment. The Parks and Recreation Department based their recommendation on the following issues and concerns: 0 With storm water collected and stored on site, there would be a very minimal foot print area that would provide for a recreational amenity. • There are 2 parrs located in the first 3 phases of the Northland subdivision that total 4 acres. The first park is approximately 600 feet away. Kids Sports Complex is across Four Mile Drive and within this sports complex there is spring Prairie Park that is 2 acres in size. The recently adopted Kalispell Parks & Recreation Master Plan does not call for any new "mini parks" for the next 13 years. The master plan currently calls for an additional 1.0.6 acres of "Neighborhood Parks' and by 2020 it calls for an additional 44.00 acres. The master plan even suggests selling the "mini parrs" for acquisition of larger parcels. • The park location is next to Four Mile Drive. This location, in the future, will be a connector road from the west Valley area to Highway 33. This would not be the ideal location for a neighborhood "mini park". Police: This subdivision is in the Jurisdiction of the City of Kalispell Police Department. The department can adequatei.y provide sem'ce to this subdivision, 1.0 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 are provided by the Kalispell Fire Department and the subdivision will be required to comply with the International Fire Code. The fire department is also recommending that access to the subdivision and the hydrants are in place prior to final plat approval and/or use of combustible materials in construction. Solid Waste: Solid waste will be handled by the City of Kalispell as the property was annexed eight years ago and will be 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 one mile from the site. E. Effects on Agriculture and agricultural water user facilities: The site is adjacent to an urbanized area within the city limits. There will be relatively no impact on agricultural uses within the valley due to the surrounding residential development of the area and the relatively small size of the property. No impacts on agricultural water user facilities are anticipated since this property will be served by a public water system. F. Relation to the Kalispell growth Policy: This property is in the Kalispell Growth Policy's potential utility service area and is anticipated for this type of urban scale development at the time of connection to city utilities. The future land use map for the area designates this area as Urban Residential development, which anticipates a mix of primarily single family and duplex dwellings with a density of three to 12 dwelling units per acre. The proposed subdivision with the requested R.-3 zoning would allow a density of 3.2 dwellirag units per acre. This density is in compliance with the anticipated density for this area. G. Compliance with Zoning, This property has been proposed to be zoned R-3, an Urban Single Family Residential zoning district. The proposed lot sizes range from 8,390 square feet to approximately 10,800 square feet. The lots proposed within the subdivision meet the minimum lot size and width requirements. H, Compliance with the Kalispell Subdivision Regulations: This subdivision does not deviate from the Kalispell Subdivision Regulations and no variances are being sought. RECOMMENDATIONS 1. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KZC-07--1 and recommend that the zoning of the . o acre site be R-3 o z file zoning district rap for the property. I H. Staff recommends that the Kalispell city Planning Board and honing commission adopt staff report KPP-07-11 as findings of fact and recommend to the Kalispell city council that the preliminary plat of Northland Phase 4, be approved subject to the following conditions: CONDITIONS OF APPROVAL General Conditions - That the development of the site shall be in substantial compliance with the application submitted, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C --- Final Plat) 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). 3. Prior to an excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and Findings of Fact Section C) Prior to final lat: 4. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat approval. (Findings of Fact Section A) 5. The F o-foot road right -of moray shall be dedicated to the city as shown on the preliminary plat. This includes the 30 -foot wide strip currently located on Tract 2 of certificate of survey 1.3923. 6. New infrastructure required to serve the subdivision shall be designed and constructed m' 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 includes the extension of Summit Ridge Drive to Northland Drive and Northland Drive to Four Mile Drive. All new city streets as shown on the preliminary plat shall include, but not be limited to, paved streets, street righting, street signage, curb, gutter, landscaped boulevards and sidewalks on both sides of the street. (Kalispell Design and Construction Standards, project proposal) l' Note: The flow and oolin of water at the merest end of summit Ride Drive shall be considered .n the desiM and construction of the road infrastructure and storm water management s stems . Note: Traffic calming devices shall be utilized to maintain the posted s eed Iimi.ts along Northland Drive and sums it Ride Drive. Desl s shall be reviewed and a roved prior to construction and a letter from Public Works obtained *indicating approval of a.nv necessary measures or to final lat. This shall specificallyspecificoy include, at a minimum a traffic calming device at the intersection of summit Ridge Drive and Northland Drive. 7. water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's standards for Design and Construction and Montana Public works standards. The water and sewer main extension plans shall, be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and surer mains have been built as designed and approved. (Kalispell Design and Construction standards) 8. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City Standards for Design and Construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards) 9. The developer shall submit to the Kalispell Public Works Department prior to construction anerosion/ sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 10. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) 1 i . The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell subdivision Regulations, Section. 3.20) . a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with city of Kalispell Ordinance 10- 8. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking fire lane." 12. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision.. The approved landscape plan shad be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parrs and Recreation Department. (Kalispell Subdivision. regulations, Section 3.11) 13. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland equal to 0.57 acres of land. The payment shall be based on the fair market value of undivided, unimproved land. (Kalispell Subdivision Regulations, section 3.19 and Findings of Fact Section D) . 14. A park maintenance district shall be formed incorporating all the lots within the subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city in which case the taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell city Council. 15. The following note shall be placed an 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) 16. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09) 17. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city grater and sewer shall be provided to allow for the logical ex -tension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Subdivision Regulations, Section 3.18) 18. Prior to fili.n g 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 Su cdvision Regulations, Section 3.22) 1. 4 19. 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)) 20. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction., maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to bold forever." Developer's Signature (Kalispell Subdivision. Regulations, Section 3.18(E)) 21. A homeowners association for the subdivision shall be created prior to final plat that includes a provision for the maintenance of the common area along Four Mile Drive. (Findings of Fact, Section D) n going conditions: 22. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 23. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 15 City of Kalispell Planning Department 17 -- 2nd Street East, Suite 211, Kalispell., Montana 59901 'telephone: (406) 751-1850 Fax: (406) 751-1855 MAJOR SUBDIVISION PRELIMINARY"` PLAT APPLICATION FEE SCHEDULE: FEE ATTACHED: $2745 Major Subdivision (6 or more lots) $750 + $105/lot Mobile Home Parks 8s Campgrounds (6 or more spaces) $750 + $105 /space Amended Preliminary Plat Amendment to Conditions Only $350 base fee Re -configured Proposed Lots Base fee + $40/lot Add Additional Lots or Sublots Base fee + $105/lot Subdivision Variance $100 (per variance) Commercial and Industrial Subdivision $950 + $125/lot SUBDIVISION NAME: Northland Phase Four Preliminary Plat OWNERS) OF RECORD: Name: Bridgeland Development LLP Phone: 862--3300, 531 -9206 Mailing Address: 622 St. Andrews Drive City: Columbia Falls state: Montana Zip: 59912 TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name & Address: 48 North P.C., 151 Business Center Loop, Kalispell, MT 59901 Name & Address: Sitescape Associates, Box 1417, Columbia Falls, MIT 59912 Name & Address LEGAL DESCRIPTION OF PROPERTY: Property Address: Four Mile Drive and Northland Drive Assessor's Tract No: 1 1/4 Sec: NEl/4, NW1/4 Lot No(s) Section: ? Township: T? 8 N Mange: R22w GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental spaces: 19 Total Acreage in subdivision: 5.86 Acres Total Acreage in Lots: 3.78 Acres Minimum Size of Lots or spaces: 8,390.95 sf Total Acreage in streets or Reads: 1.87 Acres Maximum Sipe of Lots or spaces: 10, 801.44 sf TV k.al Acreage in Pa KlKs, (-.1/p'L.n Spa% les and/orCommon 1 I PROPOSED USE(S) AND NUMBER of ASSOCIATED LOTS/ SPACES: Single Family: 19 Townhouse Mobile Hoene Park Duplex Apartment Recreational vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other APPLICABLE ZONING DESIGNATION & DISTRICT Current R4, Proposed R3 ESTIMATE of AtARKE'I'' VALUE BEFORE IMPROVEMENTS $437,250.00 IMPROVEMENTS TO BE PROVIDED. Roads: Gravel Paved X Curb X Gutter X Sidewalks X Alleys Other Pater System: Individual Multiple User Neighborhood Public X other Sewer System: Individual Multiple User Neighborhood Public X Other Other Utilities: Cable TV X Telephone X Electric X Gas K other Solid Waste: Home Pick Up Central Storage Contract Hauler X owner Haul Mail Delivery: Central X Individual School District: #5 Fire Protection: Hydrants X Tanker Recharge Fire District: Kalispell Drainage System: On -site storm drainage accomodations, See Pre lirn inary Civil PROPOSED EROSION /SEDIMENTATION CONTROL. Best management practices will be utilized including silt fences, straw bales trading pads and revegetation of all disturbed areas. V CES: ARE ANY VARIANCES REQUESTED? No (yes/no) If yes, please complete the infoi rii on below: F PLAiN THE H SHIP THAT WOULD BE CREATED WITH STRICT COM PLL4 N CE SECTION of REGULA'T`IONS CREATING SHIP: WITH REGULATIONS PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: 2 PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW: 1. will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? 2, will the variance cause a substantial increase in public costs 3. will the variance affect, in any manner, the provisions of any adapted coning regulations, Master Plan or Growth Policy? 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? S. what other conditions are unique to this property that create the need for a variance? 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. 5. Application fee. 6. Adjoining Property owners List (see example below and attached notice from. County Plat Room) : Assessor# Sec -Twn -Rxz Lot L Tract No PropeEty Owner & Maffing 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. r (Applican (Date) 4 City of Kalispell Planning Department 17 -- 2nd Street East, Suite 211, Kalispell, Montana 5901 Telephone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ZONING MAP AMENDMENT NATIVE OF APPLICANT: Bridgeland Development LLP MAIL ADDRESS: 622 St. Andrews Drive CITY/ STATE/ ZIP: Columbia Falls, MT 59912 PHONE: 862-3300, 531-9206 INTEREST IN PROPERTY: Owner PLEASE COMPLETE THE FOLLOWING. A. Address of the property: Four Mile Drive and Northland Drive B. Legal Description: (Subdivision Name, Lot & Block and/or Tract Number (Section, Township, Range) Tract 1, Section 1, T28N, R.22w See Metes and Bounds Description Attached as Exhibit A (Attach sheet for metes and bounds) C. Land in zone change (ac) 5.86 Acres D. The present zoning of the above property is: R-4, Kalispell E. The proposed zoning of the above property is: R--3, Kalispell F. State the changed or changing conditions that make the proposed amendment necessary: The developer desires to provide single-family lots that more closely resemble the standards set out in the Kalispell R-3 zoning district. There is no desire on the part of the developer to provide duplex opportunities to the prospective buyers. HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Growth Polic The density standards of the Kalispell R.--3 zone are a good fit for the area proposed to be re --zoned. The Kalispell Growth Policy proposes densities of three to twelve units per acre in this area under the heading of "urban residential". All of the proposed lots will be single --family in excess of 7,000 square feet in size. The gross density proposed fr.r No-,r�.l and P� aoe 4 i s 3.26 u" its pew' acre ,L V X 1 Y 1 S L ►,j f 1 11. L 1 V• 1. B. Lessening congestion in the streets and providing safe access: The proposed zone will actually lessen the potential for congestion on the streets as compared to the current R--4 zone since it would allow for more intensive development of the site. C. Promoting safety from fire, panic and other dangers: The housing layout and density proposed along with the proxmity ofthe site to emergency services will insure that this phase of Northland will be safe. The opening of Northland Drive to Four Mile Drive will provide an additional thorofare for neighborhood and emergency traffic. D. Promoting the public interest, health, comfort, convenience, safety and general welfare: In complying with the current growth policy and in seeking a less agressive residential this re -zone application suggests a reasonable alternative to the current zone that will continue to provide for the public interest, safety and general welfare. E. Preventing the overcrowding of land: The gross density of the proposed lots is 3.26 units per acre. This density falls well within the range of the guidelines adopted for urban residential areas in the Kalispell Growth Policy. The development of these lots will not contribute to the overcrowding of land. F. Avoiding undue concentration of population: The gross density of the proposed lots is 3.26 units per acre. This density falls within the lower range of the guidelines adopted for urban residential areas in the Kalispell Growth Policy. The development of these lots Will not create an undue concentration of population in north Kalispell. G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities: Phase 4 of Northland is in an ideal location to take advantage of Kalispell's provisions for crater and sewer. with the establishment of earlier phases of Northland, these utlities are immediately available to the site. The site is ad j acent to Kalispell's largest open space and athletic resource and kitty-corner to the Community college and massive shopping resources. Elementary and middle school as well as the new high school are in close proximity to these proposed residential lots. 2 H. Giving reasonable consideration to the character of the district: The subject property which is currently surrounded by both R-4, R-3 R-4PUD, RA-1 and R-3 PUD will be well situated with regards to surrounding zoning. Property to the northeast of the site is community open space and athletic fields. This is a very good relationship for residential sites. I. Giving consideration to the peculiar suitability of the property for particular uses: The City of Kalispell has designated this area for urban residential. development. The proposed zoning and preliminary plat support that goal and guideline. T. Protecting and conserving the value of buildings: The proposed type of residential development on this site is complimentary to the existing development in Summit Ridge and Nortland which is primarily single- family in nature. K. Encouraging the most appropriate use of land by assuring orderly growth: According to the adopted growth policy for this area, the rezoning of this site from R-4 to R-3 will insure that this land is developed approprately. The property is located in an infill area on, the north boundary of the City. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during approval process. �-7 (Ap �ti atu (Date) Calculated Fee: $550 + 5.83 (A) x 20 = $666.60 EXHIBIT A — Northland Phase Four *, SUBJECT PROPERTY LEGAL DESCRIPTION — `PARCEL B" An irregular tract of land located in the Northwest Quarter, Section 1, Township 28 North, Range 22 West, Principal Meridian, in Kalispell, Montana, Flathead County and more particularly described as follows: Commencing at the North -Center one -quarter corner of said Section 1, an aluminum cap monument; Thence S00°48'55"W, a distance of 29.20 feet to an unmarked computed point; Thence N89°49'07"W, a distance of 0.10 feet to a 5/8 inch diameter rebar with a plastic cap marked "Shaw" to the TRUE POINT OF BEGINNING: Thence S89°49'07"E, a distance of 0.10 feet to an unmarked computed point; Thence S00°48'55"W, a distance of 1,524.59 feet to an unmarked computed point; Thence N89°45'35"W, a distance of 0.18 feet to a 5/8 inch diameter rebar with a plastic cap marked "Burton 5428S"; Thence continue westerly along said line, a distance of 200.06 feet to a 5/8 inch diameter rebar with a plastic cap marked "Burton 54285"; Thence N00°49'48"E, a distance of 526.76 feet to a set 5/8 inch diameter rebar with a plastic cap marked "Hughes 7322LS"; Thence S89°50'13"E, a distance of 20.00 feet to a set 5/8 inch diameter rebar with a plastic cap marked "Hughes 7322LS"; Thence continue easterly along said line, a distance of 30.00 feet to an unmarked computed point; Thence N00°49'48"E, a distance of 997.61 feet to an unmarked computed point; Thence S89°49'07"E, a distance of 30.00 feet to a set 5/8 inch diameter rebar with a plastic cap marked "Hughes 7322LS"; Thence continue easterly along said line, a distance of 119.76 feet to a 5/8 inch diameter rebar with a plastic cap marked "Shaw" ...and the TRUE POINT OF BEGINNING, containing 5.86 acres. Subject to a 60 foot wide public access easement, as shown hereon, together with all appurtenant easements of record. "'BOUNDARY LINE ADJUSTMENT' ' NWI/4, SECTION 1, T_28N., R.22W., P.M., MT. FLA COUNTY, MONTANA FOR: BRIDGELAND DEVELOPMENT L.L.P. and WATERFORD ON SUNEWr RIDGE L_L.C. DATE: JANUARY 2007 (SW42l-rE) SW4M-M BEMEEN POU" OW 80GROMOG [1043,M 1043-57 SEE DETAIL W �PA71MELA-lm� FOUR AW�g DRPIE WCOUNTYROAD S36 PROPOSED PUBU+ ! ACCEW } PARCEL "A-1Pt.0-&� ��� _ 20.36 ACRES ,nf►-Ar„rA Mae" ONCLUDES PARCEL "A"} sppincls WATERFORD ON SUMMIT ROGE L..L..G. FOUR MN-E LLG. ul yj -: ¢:: NEW BOUNDARY r' (o OLD BOUNDARY $ yj aaCJULI .l � SORENSON '. l 1[7 r a Q SEE DETAIL "S' PARCEL "A" 4.01 ACRES DET r SCALE832.4� NORTH HAVEW ►!!�r,��t- n #1 1/4 NEW OCKMI)MY FOUND .�SW4ALUM.CAP 29,W OLD BOUNDARY SEE DETAIL'C' TIP . ............ ! I to { SLABOMSION �4�� 7� SW49:� SW47i NW453�'41� , ,3,6,' „ 74PARCEL "B—1 w c w-m 69.33 ACRES OW BOUNDARY (INCLUDES PARCEL "B") )U4uv BMDGELAW DEV,("ENTL.LP. fp co ❑ETA1L T" DETAfL "C" DETAIL'D" NO SCALE NO SSE NO SCALE � ! � t r t S89'SU" 13"E i NS'V4636 W � f 20-W F 0.18' ftEr- 4fTS 7F cFptsi t ' t i 1/4 h189'1T47"W 1 S89"5('13 E S89"S4'i3'E E NW78'416W t xw 30-W S'42 59"M 432 V tSB�9",1' 19"E3 N8'9"f8'41"W 1287,42' 13t$.B1' (1287-21i (1317.041 AdEADOOEAW 1JEWSMAtEADCAW-AACt*#T 2yicir CENTER ,f4 CORNER SECT 1 S89'2U'2(rE .G7' T GRAPHIC S C ALE°` 3W 0 150 12W I inch 300 fit. September 1, 2007 BRIDGELAND DEVELOPMENT LLP, 406 862 3300 #4 940 Spokane Avenue 406 531 9206 Whitefish Montana Director of Planning City of Kalispell Kalispell, Montana Attention.: Tom Jen.z This is to confirm that as per the Memorandum of Understanding between TOUCHMARK LIVING CENTERS, INC. an Oregon corporation and Bridgeland Development LLP a Montana LLP, it has been agreed upon that TOUCHMARK will exchange property with BRIDOELAND such that Bridgeland shall have deed to all property required for the location of the Road System to be built from the existing phase 3 of Northland Subdivision to 4mile Road. Such parcel shall consist of a 60 foot width located as shown on the plan being submitted for preliminary plat application. The Memorandum includes agreement that the 30 ff. width of property on the north west end of the proposed road system owned by Touchmark after the property exchange will also be deeded to Bridgeland for the exclusive purpose of being included in the road system with the understanding that such property will be deeded to the city of Kalispell at the time of final plat of this phase of the subdivision. Your truly M Galt., Page 1 of 1 Sean Conrad From: Planning Department planning kalispell.com] Sent: Friday, September 21, 2007 11:14 AM To: sconrad@kalispell.com; 'Nicole Johnson' Subject: FWtI: Northland Subdivision Phase IV From: Lorch, Steve mailto:slorch@mt.gov] Sent: Friday, September 21, 2007 10:46 AM To: planning@kalispell.com Cc: Axline, Lisa; Thomas, Shawn; Kuennen, Norman Subject: Northland Subdivision Phase IV To whom it may concern: Comments in response to Notice of October 9 public hearing on the request by Bridgeland Development LLP for re -zoning and Northland Subdivision, Phase 4, DNRO only has one comment relative to this request: As has been expressed related to other area developments in the past, our concern is that Four Mile Drive is misrepresented on the plat as a 60' county R.O.W. The portion of the stated "ROW' located on the underlying Trust Land ownership has never been legally established. Thank you for the opportunity to comment on this proposal. If you have any questions or would like to discuss this matter please don't hesitate to contact me. Thank You, Steve Steve Lorch, u, i. C. P. MT DNRC Community Planner Northwest Land Office 2250 Highway 93 North Kalispell, MT 59901 ph. (406)751-2262., cell. (406)250-1096., fax 751-2288 e-mail - slorcfi@mt.gov SECTION I A PREL IMINA R Y PLAT OF ��,� �, ���NORTHLAND SUBDIVISION, PH --SE 4 NE1/4 NW1/4 SEC. 1, T.28N.1 R,22W., P.M.,M. FLATHEAD COUNTY, MONTANk FOR: BRIDGELAND DEVELOPMENT, LLP DATE: AUGUST 31,2007 TOWNSHIP 28N RANGE 22W oCS LEGEND SECTION LINE PROPERTY LONE RIGHT OF WAY P.O.W. CENTERLJNE -,COS-- CONTOUR MAJOR CONTOUR MINOR SECTION MONUMENT • LOT CORNER 1/4 SECTION LINE w lk Rt - SED co -Z _N00'4948"E 526.79' @ v Y 400 N, TIT-1 RESIDENTIAL LO-713 ZONING RIGHT OFWAY PARK/DRAINAGE SURFACE -7=- P. C. LOTS = 19 OVERALL SITE = 5.83 ACRES 1.84 ACRES 0 1-1 ACRES AVG SLOPE = 9.3% Civil Engineering -Services TOTAL = 3.78 ACRES AVG DENSI TY = 3.26 / ACRE 60FEE7 MIN EL 3047.3 SMALLEST = 8,390.95 SF CURRENT = KALISPELL R-4 MAX EL = 3096.5 151 B usINESS CEN7T-R LOOP, SU=A KALJSPELL, MONTAIVA 59901 LARGEST= 10,801 A4 SF PROPOSED = KALISPELL R-3 406. 756-4848 CERTIFICATION APPLICANT: BRIDGELAND DEV'`, LLP J NORTHLAND SUB PHASE 4 FILE NO* KPP-07 -11 & KZC -07-01 I, the undersigned certify that I did this date mail via CERTIFIED Mail a copy of the attached notice to the following list of landowners adjoining the property lines of the property where a PREIMINARY PLAT AND ZONE CHANGE are being requested. Date � q /�9/Q7 S-T�R: 1-28-22 Trac t I Lo t: 1 Property Owners: Bridgeland Development, LLP 622 St. Andrews Drive Columbia Falls, MT 59912 Sitescape Associates P.D. Box 1417 Columbia Fads, MT 59912 48 North Engineering 151 Business Center Loop Kalispell, MT 59901 AND ATTACHED LIST Bridgeland Development, LLP 48 North, P. C. Sitescape Associates 622 St. Andrews Drive 151 Business Center Loop P.O. Box 1417 Columbia Falls, MT 59901 Kalispell, MT 59901. Columbia Falls, MT 59912 Waterford on Summit Ridge Helena Springs 5150 SW Griffith Drive Beaverton, OR 97005 Anthony 8-& Vicki Ibison 123 N. Haven. Drive Kalispell, MT 59901 Tommy & Teruko Rogers 119 N. Haven Drive Kalispell, MT 59901 Steven Fauerso 125 N. Haven Drive Kalispell, MT 59901. Cindy Foot 428 Summit Ridge Drive Kalispell, MT 59901. Skyview Development, LLC 124 Swan Ridge Court Kalispell, MT 59901 D.R. & Gisela Morton 127 N. Haven Drive Kalispell, MT 59901 The Meadows, LLC 8 - 1 st Street Fast, # 204 Kalispell, MT 59901 Roger & Susan Bowman 440 Summit Ridge Drive Kalispell, MT 59901 John 8, Kelly Thies 434 Summit Ridge Drive Kalispell, MT 59901 James 8& Laura Smithwick-Hann DNRC 435 Summit Ridge Drive 2250 US Highway 93 North Kalispell, MT 59901 Kalispell, MT 59901 West Valley LUAC Flathead County Planning Board Attu: Gary Krueger Attn: Gene Dzaza 805 Church Drive 98 Pleasant View Drive Kalispell, MT 59901 Kalispell, MT 59901 Robert W. Berner Margaret J. Sorenson 2130 - 9thStreet West # 105 Columbia Falls, MT 59912 Gary & Gloria M arin 121 N. Haven Drive Kalispell, MT 59901 Charles 8v Lorraine Wingard 117 N. Haven Drive Kalispell., MT 59901 Jeffrey Bain 424 Summit Circle Kalispell, MT 59901 Carol Burtt 429 Summit Ridge Drive Kalispell, MT 59901. City of Kalispell Attn: City Clerk P.O. Box 1997 Kalispell, MT 59903 City of Kalispell Planning Department 17 - 2d Street East, Suite 211, KalispelL Montana 59901 Telephone: (406) 751-1850 Fax: (406)752-1858 Website: www.kalisgell.com You are being sent this notice because you are either a property owner within 150 feet, or in the vicinity of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional infornnation. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION OCTOBER 3, 2007 The regular meeting of the Kalispell city Planning Board and Zoning Commission is scheduled for Tuesday, October 3, 2007 beginning at 7:00 PM in the Kalispell City council chambers, Kalispell city Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and tale public comments on the following agenda items. The Board will make a recommendation to the Kalispell City council who will tape final action. • A request by Danielle Heil and Joni Eystad for a conditional use permit to operate a private preschool called the Meadowlark Montessori within an R-4, Two -Family Residential zoning district. The school recently changed ownership and expanded in size serving approximately 12 to 18 students per day. The Montessori school is considered a day care center which requires a. conditional use permit to operate within the zoning district. The property is located on the southeast corner of 9th street East and 2nd Avenue East and the address is 204 9th street East. The lot is 7,500 square feet and no changes to the existing building or property have been proposed. The property can be legally described as Lot 12, Block 123 of Kalispell Addition located in Section 18, Township 28, Range 21, P. M.M., Flathead county, Montana. • A request by Bridgeland Development LLP for a zone change from city R-41 Two Family Residential to city R--3, single Family Residential and preliminary plat approval for a 19 lot subdivision on 5.83 acres. The property is Phase 4 of the Northland subdivision and consists of a 170 foot by 1, 525 foot strip of land located south of Four Mile Drive and north of Northland subdivision phases 1 -3. The Meadows, North Maven Heights, and Summit Ridge subdivisions make up the eastern boundary of the project. As part of the subdivision, a roadway connecting Summit Ridge Drive north to Four Mile Drive would be constructed. A small park is also planned on the north end of the project site adjacent to Four Mile Drive that is 9,147 square feet in size. The property can be legally described as assessor's tract 1 located within NE 1/4 NW 1/4 of section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. • .A. request by the city of Kalispell for a zoning text amendment to update Chapter 27.26 of the Kalispell zoning ordinance relating to Off -Street Parking, including, but not limited to, changes in design standards, landscaping requirements, and the minimum number of required parking spaces associated with specific uses. + A request by the City of Kalispell for a text amendment to update Chapter 27.21 of the Kalispell zoning ordinance relating to planned unit developments, including, but not limited to, requiring a pre - application meeting, establishing a 3 tiered system. of PUD applications to accommodate the level of information provided in phased projects or projects that will be built out over a significant number of years, and revising the application requirements, the abandonment requirements and the density provisions. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 17 Second street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the hearing, or you may call us at (406) 751-1850, or e-mail us at planning@kalis ell.com for additional. information. No. 12274 NG? HEAPING KALISPELL CITY PLANNING S� F-1 AND ZONING COM- MISSION OCTOBER 9, 2007 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, Octo- ber 9, 2007 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Ka- lispell, The planning board ,rill hold a Qublic hearing and take public comments on the follow- 'ing agenda iterT=s. the Board will make a rec- ommendation to the Ka- lispell City Council who will take final action. 1. A request by dais ielle Heil and icii= E-ys- tad for a conditictiai use permit to operate a ori- vate preschool ., al l pd the Meadowlark iMon- tessori within an R-4, Two -Family Residential zoning district. The school recently changed ownership and expand- ed in size serving ap- proximately 12 to 18 students per day. The Montessdri school is considered a day care center which requires a conditional use permit to operate within the zon- ing district. The property is located on the south- east corner of 9th Street East and 2nd Avenue East and the address is 204 9th Street East. The lot is 7,500 square feet and no changes to the existing building or property have been pro- posed. The property can be legally described as Lot 12, Block 123 of Ka- lispell Addition located in Section 18, Township 28, Range 21, P,M.M., Flathead County, Mon- tana. A request dy ?rldg-jeland Dev:-�ior,_ merit i_L," for a urge ,�:hange } rom City Iwo ramify Resid�awiai to i -itv R-3, Single FTM- ;;v ie,jid�-ntial and `s Mi'tary )fat apl`("oVa# )t subdivision n acre w� s. , E rc�;:aerty is Phase; t.r t;�,,- Worthlan ! S 1 ri and consist.. WUl vyl;IT riri 't Inrl c ern of Four milF =r; ;loan of :;_,<<.im ion Arias,-.., '7 Meaoows , htr 4j ,1CIIF !-�i( Ridge Drive north to Four Mile Drive would be Constructed. A small park is a!so pianned on the north wnd of the pite adjacent to Four 1'V; i e Drive th,-at Ss 9,1 a 7 square feet in size.. 7iie property can be legally described as asses,szor's tract 1 locat- ed .Mthin NE114 NW 114 of 1, Township 28 North, Range 22 Vilest. P.M.M., Flathead County, Montana. 3. A request by the City of Kalispell for a zoning --text amendment to u pdate Chapter 27.28 of the Kalispell Zoning Ordinance relating to Off -Street Parking, in- ciuding, but not limited to, changes in design standards, landscaping requirements, and the minimum number of re- quired parking spaces associated with specific uses. 4. A request by the City of Kalispell for a text amendment to up- date Chapter 27.21 of the Kalispell Zoning Or- dinance relating to plan- ned unit developments. including, but not limited to, requiring a preappli- cation meeting, estab- lishing a 3 tiered system of PUD applications to accommodate the level of information provided in phased projects or projects that will be built out over a significant number of years, and revising the application requirements, the aban- donment requirements and the density provi- sions. Document's pertaining to the agenda items are on file for public inspec- tion at the Kalispell Planning Department, 17 second Street East, Suite 211, Kalispell, MT 5°9,"A , and are availa- ble for public review during regular office. hours. Erl- .rested persons are en�c-:)uraged to attend the hearing and make their views and con- ce, pis known to the Bo..,rd. Written com- ments may be submit - tea to the Kalispell Plan- ning Department at the aoove address, prior to the date of the hearing, ,r you may call us at 6) i 51 -1 850, or a- f F t!i 41.7 4T ,.,,,inning 4 kalispell.corn additional informa- mamas i n t z STATE OF MONTANA. FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE BRA] UWER 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 ALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. 12274 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF September 16, and 23, 20076 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 OF21NSER=S. h n GI0 Subscribed and sworn to Before me this September 24, 2007 (f L ".. !_" I. . P" Ac ___ DOR.DTHY iiIENCROSS Notary Public for the State of Montana Residirl� in Kalispell My Commission expires 9/ 1 1 /09 Ira h