1. Resolution 5245 - Preliminary Plat Extension - Aspen CreekCity of Kalispell
Planning Department
17 -- end Sit East, Suite 211, Kalispell, Montana 59901
Telephone: (6) 751-1850
Fax: (406) 751--1858
website: kal ispellplannmg.eom
REPORT TO; Kalispell Mayor and City Council
FROM: Nicole C. Johnson, Planner II
James H. Patrick, City Manager
SUBJECT Aspen Creek Subdivision preliminary plat
MEETING DATE: October 15, 2007
BACKGROUND: This is a request by Applied water Consulting, LLC for a one year
extension on the preliminary plat of the Aspen Creek subdivision. The property is
located on the south side of Three Mile Drive and one -quarter of a mile west of
Stillwater Road and the Bowser Creek subdivision. The preliminary plat for Aspen
Creek was approved on December 6, 2004 by the Kalispell City Council subject to 29
conditions. Condition 26 states, "that the preliminary plat approval for the first phase
of the planned unit development shall be valid for a period of three years from the date
of approval with an automatic two year extension as each phase of the subdivision plat
has been completed and filed." The owner of Bowser Creek now has controlling
interest in Aspen Creek and desires to provide for orderly development from one area
to the next in these subdivisions. The work on Phase 1 of Aspen Creek will not be
completed by this winter and the developer would like a one year extension to allow
time to finalize the platting process of Bowser Creek Phase 2 (now part of Aspen Creek)
before starting on Aspen. Creek Phase 1.
Aspen Creek is approximately 20 acres in size and has a zoning designation of R--2,
Single Family Residential, with a Planned Unit Development (PUD) overlay. The
proposal includes a mix of townhouse units and singe family residential homes -- 66
lots total -- and would have a gross density of 3.3 units per acre. The subdivision
would be developed in two phases with the first phase being developed near the
northeast side of the site along Three Mile Drive. The second phase would include the
lower south west and east portion of the site. The subdivision will be utilizing city
sewer and water.
Section 2.06 of the Kalispell Subdivision Regulations and Montana Subdivision and
Platting Act allow the council to grant a one-year extension in addition to the original
three year approval. Should the extension be approved, the developer would have
until December of 2005 to complete Phase 1 of Aspen Creek and therefore December
2010 to complete Phase 2.
RECOMMENDATION: A motion to grant a one-year extension to the preliminary plat
approval for Aspen Creek Subdivision would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Nicole C. Johnn `James H. Patrick
Planner II City Manager
Report compiled: October 2, 2007
c: Theresa White, Kalispell City Clerk
Attachments: Letter of request from Applied Water Consulting, LLC
Resolution 4955
vicinity Map
Plat Map
2
RESOLUTION NO.5245
A RESOLUTION APPROVING A ONE YEAR EXTENSION TO THE PRELIMINARY
PLAT OF ASPEN CREEK SUBDIVISION, MORE PARTICULARLY DESCRIBED AS
ASSESSOR'S TRACT 4D LOCATED IN SECTION 11, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, the City Council of the City of Kalispell passed Resolution 4955 on December 6,
2004, approving the preliminary plat for Aspen Creek Subdivision, subject to certain
conditions, and
WHEREAS, developer Applied Water Consulting, LLC now desires a one-year extension to the
preliminary plat in order to provide for contiguous development with the subdivision
located to the east, formerly known as Bowser Creek, and
WHEREAS, Section 2.05 of the Kalispell Subdivision Regulations and Montana Subdivision and
Platting Act allows the City Council to grant a one --year extension to the preliminary
plat in addition to the original three year approval; and
WHEREAS, good cause exists for the request for extension by Applied Water Consulting, LLC
and it is in the best interests of the City that the extension be given.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
K-A r ISPELL, MONTANA AS FOLLOWS:
SECTION I. That the application of Applied Water Consulting, LLC for a one-year
extension of the preliminary plat of Aspen Creek Subdivision, Kalispell,
Flathead County, Montana is hereby approved.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 15TH DAY OF OCTOBER, 2007.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
AN
V4AFpplied Water CONSULTING LLC
P.O. Box 7667 - Kalispell, Montana 59904 • Tel: 406 756-2550
aapplied@centurytel.net - Fax: 406 756-0527
September 13, 2007
Mr. Tom Jentz
City of Kalispell Planning Department
17 2nd Street East, Suite 211
Kalispell, MT 59901
.Re: Aspen Creek Subdivision Preliminary .Flat Extension .Request
A WC .Project No. 190 06
Dear Tom:
Please consider an extension of the original Aspen Creek Subdivision preliminary plat. The
extension will provide contiguous development with the subdivision to the east formerly
known as B ows er Creek.
As discussed in our phone conversation, the owner of Aspen Creek Phases 1 and 2 (formerly
Bowser Creek) has controlling interest in Aspen Creek (now Aspen. Creep Phases 3 & 4) and
desires to provide for orderly development from one area to the next in these subdivisions.
Extension of the preliminary plat will grant the owner time to finalize the platting process of
Aspen Creek, Phase 2, which will allow for a smooth transition to the west.
We are hereby requesting extension of the preliminary plat for Aspen Creek for one year.
Upon approval of this extension., the new expiration date of preliminary plat will be December
6, 2008.
If you have any questions regarding this information or I can be of further assistance, please
do not hesitate to contact me at your convenience. Thank you for your consideration of this
submittal.
Sincerely,
Applied water Consulting LLC
William Boger, P.E.
C c : Mark Sanchez
PM9 --06 Aspen Creek SubdivisionlWordlCorresponaence - Out�9.13.07 Preplat extension.doc
RESOLUTION NO.49SS
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
ASPEN CREED SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S
TRACT 4D LOCATED IN SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Douglas Johnson, 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
November 9, 2004, on the proposal and reviewed Subdivision Report # PP-o4-1 I
issued by the Tri-City Planning Office, and
WHEREAS, the Kalispell City Planning Board and zoning Commission has recommended
approval of the Preliminary Plat of Aspen Creek Subdivision, subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of December
65 2004, reviewed the Tri-City Planning Office Report #KPP-04-11, 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 Tri-City Planning Office Report
#KPP-04-11 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Douglas Johnson for approval of the Preliminary Plat
of Aspen Creek Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
I. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional conditions
associated with the PUD as approved by the city council. (Kalispell Subdivision Regulations,
Appendix C --- Final Plat)
2. That the proposed deviation from zoning setbacks from 10 feet on the sides to five feet on the
sides be applied to Lots I A 0 I B through Lots I OA 11 OB. Lots 37A 137B shall have a five foot
setback from the west boundary and a 15 foot setback for the primary structure and a 20 foot
setback for the garage for the property that fronts the street. Lots I A / I B through 1 aA / I OB
shall be allowed a 40 percent lot coverage rather than the 35 percent required in the R-2 zoning
district.
3. That the development of lots in. the PUD shall be subject to architectural review as outlined in
the application and supporting materials and a letter be submitted to the Kalispell Site
Development Review Committee from the Architectural Review Committee of the
homeowners association prior to the issuance of a building permit.
4. That permits be obtained from the Flathead Conservation District, Montana Department of
Natural Resources and the Montana Department of Environmental Quality for any work or
activity along the Spring Creek Channel or a letter from those agencies stating that the scope of
work does not require permitting.
5. That the plans and specifications for all public infrastructure be designed and installed in
accordance with the Kalispell Design and Construction Standards and a letter shall be obtained
stating that they have been reviewed and approved by the Kalispell Public Works Department.
(Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01).
6. That an easement shall be obtained from the adjoining property owner to the west granting the
right to develop the proposed 60 foot right-of-way for road and utility purposes and once
completed dedication to the City of Kalispell as a public roadway. (Kalispell Subdivision
Regulations, Section 3.08 (A)).
7. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the
subdivision that would include a bike and pedestrian trail and buffering in the form of berming
or landscaping or both. These improvements are to be coordinated with the Kalispell Public
Works Department, Parks and Recreation Department, Flathead County Road Department and
Montana Department of Transportation.
S. The following requirements shall be met per the Kalispell 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
Uniform Fire Code (1997) Appendix III -A.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction. Additional design information shall
be submitted for approval by this department.
C. Fire Department access shall be provided in accordance with Uniform Fire Code
(1997) Article 9.
d. Secondary emergency access shall be addressed during project phasing as required by
this department.
e. Emergency vehicle access to the existing 3 structures is indicated via an ex-isting
wooden bridge. More information is required related to the adequacy of the bridge
structure to support fire apparatus.
f. Due to project phasing it should be noted that hazardous weed abatement shall be
provided in accordance with City of Kalispell ordinance 10-8.
9. That a letter be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the five foot
landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision
Regulations, Section 3.11).
10. That the area designated on the plat as "park" shall meet the requirements for parkland
dedication and shall be developed in accordance with a plan approved by the Kalispell Parks
and Recreation Director that provides recreational amenities including but not lin~lited to
pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational
component within the development and not simply left as passive open space. (Kalispell
Subdivision Regulations, Section 119).
11. That a provision be made for a future 60 foot right of way easement within the subdivision that
would allow for the extension of the proposed roadway to provide future access to adjoining
properties to the west in the area of Lots 18 and 19. (Kalispell Subdivision Regulations,
Section. 3.04).
12. That a detailed floodplain study be completed and accepted by FEMA determining the base
flood elevation for the floodplain area within the subdivision. No lots that are within 1O0 feet
of the 10O year floodplain as currently indicated on the FIRM panels shall be platted prior to
the completion and acceptance of the study area. The base flood elevation as determined as
accepted by FEMA shall be indicated on the final plat.
13. That a letter be obtained from the Montana Department of Transportation and Flathead County
Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market
Road) have been reviewed and approved and any associated and necessary improvements have
been satisfactorily completed. (MOOT)
14. The roads 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).
15. 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 requirement easements are being shown on the
final plat.
16. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
17. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
3.09(L)).
18. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
19. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
20. All areas disturbed during development of the subdivision shall be re -vegetated with a weed --
free mix immediately after development.
21. That the developer correct the covenants to the setbacks to five feet on the sides be applied to
Lots I I I through Lots IOA 1 IOB. Lots 37A 137E shall have a five foot setback from the
west boundary and a 15 foot setback for the primary structure and 20 foot setback for the
garage for the property that fronts the street.
22. That there also be a 20 foot rear setback on the southern tier of lots for all structures and this
language be included in the covenants.
23 . That the southerly 10 foot landscape buffer be landscaped with vegetation not to exceed six feet
in height.
24. A note be placed on the face of the final plat that waives protest to the creation of a special
improvement district (SID) for the upgrade of roads in the area to City standards which maybe
impacted by this subdivision.
25. That a development agreement be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site.
26. That preliminary plat approval for the first phase of the planned unit development shall be valid
for a period of three years from the date of approval with an automatic two year extension as
each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision
Regulations, Section 2.04).
SECTION III.
Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KA.LISPELL, THIS 6TH DAY OF DECEMBER, 2004.
Pamela B . Fenn
Mayor
ATTEST:
� r T
Theresa white
City Clerk
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