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4. Resolution 5130 - Preliminary Plat - Cedar CommonsCity of Kalispell Planning Department 1 - 2 nd Street East, Suite 211, Kalispell, Montana 59901 Telephone-. (406) 751-1.850 Fax: 40) 51- . 5 8 Website: kalispellplanning.com RE Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT: Preliminary Plat request for Cedar Commons MEETING DATE: July 2 , 2oo6 BACKGROUNDO The Kalispell City Planning Board met on July 11, 2006 and held a public .ear g to consider a request from Beargrass Holdings, LLP, to create six s blo s ranging In size from 2,163 square feet to 4,865 square feet and one common area lot of 19,886 square feet. The owner is proposing to construct fo .r lexes on each of the proposed s blots with the common area lot providing the access and rking for each of the fourplexes. The property is located on the east side of Third. Avenue East, a ro'atel y 350 feet south of the intersection of Third Avenue East and 14th Street East, across from the Outlaw Inn. The properties proposed to be res .bdi ided are described as Lot A of the amended Plat of lots 1, 2, 3 and 4 of Block 1, Ryker ,addition to Kalispell and Lots 5, and 7 and the abandoned alley of Block 1, Ryker Addition to Kalispell. The property i located In the SW 1/4of Section 1 , Township 28 North, Range 21 West. Sean Conrad of the Kalispell Planning Department, presented staff report K-o- and recommended the Planning ning Board consider recommending approval of the preliminary plat subject to 12 conditions. t the public hearing Jim Burton from Jackola Engineering spoke In favor of the subdivision as well as Jeff Goodreau and Gerald Bile from. Schwarz E gl een'ng. One person spoke about co .cems regarding the possible continuation of 4thAvenue East due to this project, However, It was pointed out that this project will not connect i any moray to 4thAvenue East. In addition, staff s mmari ed a letter submitted to the planning department with concerns of impacts to a neighboring wen and possible intrusion of ground water in a nearby house basement. Mr. Goodrea .. and Mr. Bile addressed the issues brought up in the letter for the board, A copy of this letter is attached. After the public hearing the board discussed the issues raised and a motion was made to recommend approval of the preliminary plat to the Kalispell City Council subject t the 12 conditions fisted in the staff report. The motion passed unanimously. REe NMMNI 'I A motion to approve the preliminary plat with the 12 conditions as recommended by the Plannm'g Board would be ire order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERN, TrMS: As suggested by the city Council. Res eetf Ry7'tted Sean Conrad : domes H. Patrick Senior Planner City Manager Report compiled: July 27, 2006 Attachments: Transmittal letter Exhibit A (conditions) Staff report KPP- -5 and application material Minute 1/06 planning board meeting e: Theresa White, Kalispell City Clerk RESOLUTION NO. 513 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT of CEDAR COMMONS, MORE PARTICULARLY DESCRIBED AS LOT A of THE AMENDED PLAT of LOTS 19 21 31 AND 4 of BLOCK 1, RYKER ADDITION TO KAISEL AND LOTS 5 AND 7 AND THE ABANDONED ALLEY of BLOCK 1. RYKER ADDITION To KAL1S E L, LOCATED IN SECTION 17, TOWNSHIP 2 NORTH, RANGE 21 WEST, .M,M., FLATHEAD COUNTY, MONTANA. WHEREAS, Beargrass Holdings, LLP, the owner of the certain real property described above, have petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on July 11, 2 006 on the proposal and reviewed Subdivision Report #KPP-06-5 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City, lannin Board and Zoning Commission has recommended approval of the Preliminary Plat of Cedar Commons subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting ofAugust 7, 2006, reviewed the Kalispell Planning Department Report KP-- ,previewed the recommendations o f the Kalispell City Planning Board and Zonlng 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 1. That the Findings of Fact contained in Kalispell Planning Department Report KP--5 are hereby adopted as the Findings of Fact ofthe City Council. SECTION 11. That the application of Beargrass Holdings, LIP for approval of the Preliminary Flat of Cedar Commons, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: That the development of the site shall be in substantial compliance with the preliminary plat. (Kalispell Subdivision Regulations, Appendix. C — Final Plat) 2. The project site' s frontage along Third Avenue East shall be improved in accordance Frith. the City of Kalis ell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be revIew d and approved by the Kalispell Public Works Department artment prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street si .na e, curb, gutter, boulevard and sidewalk and shall be installed along Third Avenue East. New infrastructure along Third Avenue East shall tie into the existing street infrastructure. (Kalispell I esi n and Construction Standards) The developer shall submit to the Kalispell Public Works Department 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 r artm nt stating that the improvements have been hilt as designed and approved. (Kalispell ell Design and Construction Standards) . The developer shall submit to the Kalispell Public Works Department artment an erosion/sediment control plan for review and approval. Prior to final plat, the approved plan shall be implemented. (Kalispell Design and' Construction Standards) . A letter from the Kalispell Public "works Department shall he submitted stating that all new infrastructure has been accepted by the City of Kalispell. (Kalispell resign and Construction Standards . The following requirements shall be met per the Kalispell Fire Departments (Kalispell Subdivision Regulations, Section 3.20). a, water Trains designed to provide minimum fire flows shall be installed per City sp eci "rcations at approved locations. Minimum fire flows shall he in accordance with the International Fire Code (2003). . Fire hydrants shall he provided per City secircations at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003). . All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.1. homeowners association shall be established for the maintenance of the landscaping in the boulevard along Third Avenue East and the common area, including but not limited to, the storm eater surge tanks, landscaping, parking lot and sidewalks. s. (Findings of Fact, Section D) . All areas disturbed during development of the subdivision shall he re -vegetated with a weed - free mix immediately after development, 10. Prior to filing the final plat a letter from the U. S. Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the plans to he reviewed by the Public Works Department. (Kalispell Subdivision Relations, Section 3.22). 1 Cross easements shall be recorded on the common area lot for ingress/egress and parking for each of the six sulots and to allow future connections to parking lots or drive aisles to the property immediately south. 2 . That preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section2.04) SECTION 111. 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 Y THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KA SPELL, THIS 7TH DAY OF AUGUST, 2006. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk City of Kalispell Planning Department 7 - 2d street East, Suite 211, .Kalispell, Montana 5990.E Telephone: (406) 751-1850 Fax-.(406)751-1858 'resit: ka.illanning.m July 2, 2006 James H. Patrick, City Manager City of Kahsell P.O. Box 1997 Kalispell, MT 59903 Re: Preliminary Plat request for Cedar Commons Dear dim.: The Kalispell. City Planning Board met on July 1.1, 2006 and held ad. a public ea�� t resider a request from Beargrass Holdings, LLP, to create six sal is ranging in size from. 2,163 square feet to 4,865 square feet and one common area lot of 19,886 square feet. The over is proposing to construct fourplexes on each of the proposed sublots w.tproviding the common area lotthe access and. parking for each of t. ' r x . The property is located on the east side of Third Avenue East, approximately 350 feet south of the intersection of Third Avenue East and 14th Street East, across from the Outlaw Inn, The properties proposed to be resu divided are described as Lot A of the amended Plat of lets 1, 2, 3 and 4 of Block 1, lyker Addition to Kalispell and lots 5, and 7 and the abandoned alley of Block 1, lyker Addition to Kalispell.. The property is located in the Sirs 1/4 of Section IT, Township 28 North., Ravage 21. ''west. Sean Conrad of the Kalispell Planning Departrnent, presented staff report KPP-06-5 and recommended the Planning Board consider recommending approval f the prelim. nary plat subject to 6 conditions. t the public l e g dim Burton from Jackola Engineefin spoke M favor of the subdivision as well as Jeff Goodreau and Gerald. Bile from Schwarz End eering. One person spoke about concerns regarding the possible continuation f 4th Avenue East due to this project. However, it was �r� ted. out that this project will not connect in any way to 4thAvenue East. In addition, staff summarized a. letter submitted to the planning department with concems of impacts to a neighboring well and possible intrusion of ground waiter in a nearby house basement. Mr. Goodreau and Mr. Bile addressed the issues brought up in the letter for the board.. A copy of this letter is attached. meter the public h an*ng the board discussed the issues raised and a motion was made t to recommend approval the preliminary plat to the Kalispell City Council subject t the 12 conditions listed in the staff report. The motion passed unanimously. Please schedule this matter for the August 7, 2006 regular Kalispell City Council meeting. You may contact this board. or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. r. Sincerely, ry Kalispell City Planning Board 77t,lel �. Timothy Norton President Attachments: Exhibit Staff report KPP - -5 and application materials Minutes 11/06 planning board meeting w/ Att: Theresa White, Kahspell City Clerk w/o Att.- Beargrass Holdings, LLP, P.O. Box 7505, Kalispell, MT 59904 Ja k la Engineering, P.O. Box 1134, Kalispell. MT 59903 EXHEB CEDAR COPMS PLAT CONDITIONS OF APPROVAL S RECOh=NDED BY THE KALISPELL CITY PLANNING BOARD DULY 11, 2006 The Kalispell City Planning Board recommends to the Kalispell City council that the preliminary plat be approved subject to the following conditions: 1. That the development of the site shall be M substantial compliance with the prehminaxy plat. (Kalispell Subdivision Regulations, Appendix C - Final flat) 2. The project site's frontage along Third Avenue East shall be improved in accordance with the City of Kalis ell's Standards for Design and Construction and Montana. Public works Standards; and shall be certified by are engineer licensed in the State of Montana. a. All work shall be reviewed and approved y the Ka . s e .l. Public Works Department prior to construction. This infrastructure shall include but not be limited to streets,, street lighting, street signa e, curb, gutter, boulevard and sidewalk and shall be installed along Third Avenue East. New infrastructure along 'third Avenue East shall tie into the existing street infrastructure. (Kalispell. Design and Construction Standards 3. The developer shall submit to the Kalispell Public Works Department an engineered dra-inage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall e submitted to the Public Works Department stating that the improvements is have been built as designed and approved. Ka is e . Design and Construction Standards) . The developer shall submit to the Kalispell Public Works Department an erosion/ sediment control plan for review and approval. Prior to final plant, the approved la n shall be implemented. ented. (Kalispell Design and Construction Standards) 5. A letter from the Kalispell Public Works Department s ail be submitted stating that all new infrastructure has been accepted by the City of Kalispell. (Kalispell Design and Construction Standards r The following requirements shall be met per the Kalispell Fire Department-. (KalispeR Subdivision Regulations, Sections 3.20). a. Water mains s designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with. the Intemat onal Fire code 2 3 . 1 . Fire hydrants shall be provided per City specifications at locations approved y this department, prior to combustible construction. c. Fire Department access shag be provided in accordance with International Fire Cade 23. . All unties shy be M'stalled underground. Kal s e . Subdivision Regulations, Section 3.17). 8. A. homeowners association shall be established for the maintenance of the landscaping the boulevard along Turd Avenue East and the common area, including but not ri. te to, the store. a.ter surge tanks, landscaping, parking lot and sidewalks. (Findings of Fact, Section AU areas disturbed during development of the subdivision shall be re -vegetated with a. geed -free mix immediately after development. 10. Prior to filing the final plat a letter from the U.S. Postal. Service shall e included stating the Service has reviewed and approved of the design are location of the mail ,offer site. The mail eli ory site shall be installedor bonded for prior to final plat. In addition, the mail .e iver r site are improvements is shall also be included in the plans to be reviewed by the Public Works Department. (Kalispell Subdivision Regulations, Section. 3.22). Cross easements shall e recorded on the common area lot for ingress/egress and parking for each of the six sublots and to allow future connections to parking lots or drive aisles to the property immediately south. 12 . That Preliminary approval s .aH be vand for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.0 R a T Wrenr 11 Amarney ai Law t28 First Ayenue WT }, Box 197 Kahl M "a .406-?56-9775 Fax* 4a-'*7 July , 2006 Kalispell PImming Departmmt 17 Second Sit EAst Suite 211 Kalispell, 1VtT 59901 Re.- Propel Cedar Commens development To Whom It May Concern: am Ming on bcMf of my mother, Mn. FAyche HR, 1428 411 Avc, B., asp, Montano with gard to the proposed Cedar Comma &velopment adjacent to Third Avenue East in Kalispe . As I read the plat map, the proposod development is at the south end of the cumantly vacant pame, the now end of which is appToi at ly two city lots from my mother's o h My mother's concem is with the high water table which we know to exist on the location of the proposed dovelopment. Historically, that entire vacant area, [bounded on the west by Third Avenue .fast, on the north by homes located wig 300 feet south of 1 1h Stet Eat on the south by the old cement plant (and now by the commerce development which took its place) and on the east by the rm boundaries of the homes an the west side of Fift Avenuc East] was classic vvetLmd . can personally attest that untH approxi=lely 20 to 25 yews ago, Qat tail vegetation and standing water lay along the entirc l ngffi of the propaty n= to Third Avenue, aid dam.g almost all of the year water stood in the entire va=t field up to ankle depth, This only changed whcn the awner at the time allowod the Outlaw Inn to pine fill in the a.rrea, At that time, the owner of 1444 441 Ave. E. objected because his high eater table problem berme much worse when the wetlands were filled. Thereupon the fill was sWppe, but what wu alresAy placed there was not removed to my knowledge. In addition, I am told that the Outlaw Inn ruas sump pumps wrrstmdy, due to the high water table where it Is located, 1 reel that at the time. nay parents and their neighbors' conocrn was that while the fill was stopped then, that There would be no MstitWoaal memory either of the problem or of thhistorical &awms o the land which would load to further problems in the future. That pr diclion appears to be coming true. It is likely that no one, alive knows the area of this proposed development better than mother. s oac = see from the plat map, ffic a s is t own as the Rye addition. The addition was gamed for my mother's father, Elmer R1er. My mother and her family have lived in this neighborhood since the 1930s. spoke with a representaivc of your depa=ent last week, who km turn corrmpcned with the D pument of Public Works. He then shared his information with me via c zal4 ne email assund me that storm wager rm ff was being addressed and tit certain requirements ha c be= se in that regard, It is also clear from the email that my mother'spr=ary concern is trot being adresscd at all, That n em is that the high gmunwater may be imp=ted and made worse if the development of the subject property v tm high -impact,. Specifically, my inother is conc=ed that she may develop gmuridwater intmsion into her basement (which msomc 55 yeas she hmnever had) and especially tW her well water may be affected. My father built my mother's home at 1428 t .five. R. in 1932, He, intentionally moved earth insuch fashion that the basement is as high as possible. That was danc because of the high groundwater problem. My puents IIvcd previously at 14 4 4sb Ave. E. (directly north of the subject prop) and that camel, due to the proximity to the m =ds; had to use a sump pump which ran alinQst continuously year round. Although their new home was only '7. block from the city lets at the time, and although other homes in the same block had city water, my parents were not allowed access to city water and had to drill a weU. My mother still obtains her water ffm that well, and at agr, 79, does not wish to incur the expense of connevfing to city water at this time. My other"s hope is that befbre authorizing a development of the nature and see of to proposed development, someone will consider the p to a Impact to the wi g pr pc* ownen, as well as t that of the subset owner of the development To even a casual observer, It seem illogical that such a Wv pwcei of land has aye been scope* The mower is that the land was not suitable for developmcm As cat homeowner bM the sub ivi sims near AWey Creek sow of town can attest, high Voun vatcr is sometimes ignored in the rush to subdivide and develop, creating serious problems which, although unorc ea at the time of building, could have been foresee with re o abic wee. All my mother asks is that the i suc be addressed seriously. She would hope that qualified engineers capable of hcmestly assessing the impacr� and who are away of the histories condition ofthe prop, the amount and type of BIL and any other poet information make an assessment which will predict to the best of their ability any impact on cumt property owner, or to the proposed development itsc. Thank you for your tic and attention* ncere�,._ R. Tcnrnce (Terry) Hill Attorney at Law RTHiIj CEDAR COMMONS SUBDWISION KALISPELL PLANNING DEPARTMENT STAFF REPORT #KPP-06-5 JUNE 21, 2006 A report to the Xalls eH City Planning Boardand the Kalispell City Council regarding a request for preliminary plat approval to reconfigure seven sting lots to create six sublots and one common area lot within a platted subdivision. A public hearing on this proposal has been scheduled before the planning board for July 11, 2006 In the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for dal action. CKGRUW A. Applicants Owners Technical s is -. e rgrass Holdings, LL P.O. Box 7505 Kalispell, MT 59904 ackola Engmeer n P.O. Box 1134 Kakis el., MT 59903 (406) B. Nature of ,application: A request from Beargrass Holdings, LLP, to create six s lots ranging In size from 2,163 square feet to 4,865 square feet and one common area lot of 19,886square feet. The owner is proposing to construct 'o .r lexes on each of the proposed sublots with the common area lot proving the access are.d parm for each of the fourplexes. C. Location: The property is located on the cast side of ThirdAvenue East, appro3dmatelv 350 feet soiith of the intersection of ThirdAvenue East and I t Street East, across from the Outlaw Inn. The properties proposed to be resubdivided are described as Lot A of the amended plat of lots 1, 2, 3 and 4 of Block 1, Ryker Addition to Kalispell and lots 5, 6 and 7 and the abandoned alley of Block 1, Ryker Addition to Kalispell. The property is located in the SW 14 of Section 17, Township 28 North, Rang: 21 West. I The project site s the vacant Feld M the background. The pang lot for the Willows apartments is t the left of the site. Size: Total Area: "tad. Area in Lots: Minimum . Lot Size: Ma.7=' u Lot Size: 1.0 1 acres 21,814 square feet 2,163 square feet 4,865 square feet E. E g Land : The property is currently unimproved. F. Adjacent Land. Uses and Zoning: The area acts as a transition From the established single -fly neighborhoods on the east side of Kahspefl to the commercial business along Highway 93 and the sc t em end of Third Avenue East. Immediately north of the project site are the Willows apartments and single-family residences. To the east are single family residences, the Outlaw Inn is located immediately y west across Third Avenue East and south of the project site are mini storage units and Western Building Supply. North: Residential apartments and single-family ho .s s; City -2 and RA- zoning East: Residential; City RA- m* . South: Commercial; City - 2 zoning Vest: Commercial; City -2 zoning G. Zoning; The property is zoned -2, General Business, requiring a minimum lot size of 7,000square feet for a parent tract and allows the creation of sublots with a. minimum lot size requirement of 21,o square feet for each sublot. Although the property is zoned -2, the -2 on g district permits a variety o uses including multi -family dwellings. As stated previously, the owner intends t create the sublots to construct multi -family `o r es. housing n is on each o the slots. H. Utilities: The follovn'ng utilities would be available to the proposed s ots: Water: city of Kalispell Sewer.- Cy of Kalispell Sold Waste: City of Kalispell Gals: NorthWestem Energy Company Electricity: Flathead Electric Coop (underground) Telephone: Ce.r turyTel (underground Fire: City of Kaspell Schools: School District 5, Ka.lispe . Police: City of Kalispell REVIEW AND FINDINGS OF FACE' This application is reviewed as a major subdivision in accordance with statutory criteria and the Ka.lispe . Subdivision Regulations. lations. A. Effects on Health and Safety: Fire: This subdivision is i the service area of the Kalispell Fire Department. ent. The multi -family homes in the subdivision wili be constructed in accordance with the Uniform Fire Code and inspected by the Kalispell Building Department. There are no topographical features associated with the property which would put it at risk. There are existing hydrants in place along Third Avenue East and the fire department will require hydrants to be placed on the common area lot to provide for additional fire suppression within the subdivision. Flo o ire : According to FIRM Panel #0005C dated 9/30/92 the site is located entirely in Zone C which is not a flood prone area are.d no speciesl pelts are required for development. Access: The s.l ots will be provided access to Third Avenue East via a pares lot located within the proposed common area lot. The parking lot wfll providxfx e the on -site parking for each the 24 dweams units proposed can the overall site. As a recommended condition of approval the owner will be required to record cross easements on the common area lot for ingress/egress and pang for each of the six proposed sots. During review of the proposed subdivision the Kalispell Police Department are Agency on Aug representative requesters some type of looped access back onto Third Avenue East. The proposed common area parking layout would provide parking spaces between sublots 3 and 4. The City's Site Review Committee recommended that the coon area parking between these two sublots allow for the potential future connection to development on the south side of the project. The intent is to eventually create a loop access through the proposed subdivision common area to future lard uses to the south.. By create.ng a. loop access the police, fire and Eagle Transit buses would have are easier time 3 providing services to residents within the proposed. subdivision, Effects on Wildlife and Wildlife Habitat: This area is highly urbanized with little or no remaining wildlife habitat. There may be some migratory birds however, this area does not provide significant habitat for wfldlife due to the developed mature of the area. C. Effects on the Natural Environment. - Surface and...ffoundwaten This subdivision wi be served by public water and sewer thereby minimizing any potential impacts to the groundwater. No surface grater is in close enough ro 't y to thsite to create concerns with regard to this development. Drainage: sto=water management plan wiH have to be developed to address the runoff from the site. There is a city storms drain. system along Third Avenue East. The developer has proposed to tie into this system as weR as utilizing sto=water surge tares located between the sidewalk along 'third Avenue .e East and sublot 1. The developer will need to submit are engineered drainage plan to the Kalispell Public Works Department for review prior to construction.. The drainage plan will have to comply with the City of Kalis ei 's standards and State standards and wili be required to be designed by a professional engineer. n addition, a.homeowners association will need to be established to maintain the storm eater surge tanks located within the common mon area because the city will not mainta them, Effects on Local Sakes: Water and sewer: Water and serer service wifl be provided by the City o Kalispell. Currently a. grater main hes to the west of the proposed subdivision ivi.si.on w'thin the right of way of Third Avenue East. The sever main will e extended from the apartment complex immediately north of the subdivision to service the su lots . Roads: The project site is located off of Third Avenue East, a city maintained roadway. The majority of Third Avenue East, from Center Street south to the project site, is L'm ro ed. with curb, gutters, boulevard and sidewalks. However, the project sites 132 feet of frontage along Third Avenue East is unimproved with respect to curb, gutter, boulevard and sidewalks at this time. Wherefore, the owner will be required to improve the project site's frontage on Third. Avenue East to current city street design standards. homeovrners association will also reed to be established to ma-intain the common elements within the subdivision. 'these include but are not limited to the landscaping in the boulevard, landscaping around each of the su lots and common area parking lot, the sidewalks within the common area and for maintenance of the parking lot. Sc .00is: This development is within the boundaries .ndaries of School District 5, Kalispell. The school district could anticipate that an additional. 12 school aged. 29 children might ht e generated into the district at full build out. This number s used because it takes into account pre-school aged children, home school education options and the private school education option. Not all of the children who live in the subdivision fll be attending din public schools. This would i have a potendafly significant impact on the district, particularly on a cumulative level with other developments pending within the district - both urban and rural particularly with high school -aged students. Parks and OpenSpace: No park dedication or open space is required for the proposed subdivision pursuant to Section 3.193 of the subdivision regulations because the developer is not creating any new v lots. Police: This subdivision is m the jun'sdiction of the City of Ka. is eH Police Department. The department responded by stating that they can adequately provide service to this subdivision. Fire Protection: Fire protection would rovide y the Kalispell Fire Department. The fire risk is low because of goon access and existing hydrants along the road serving the subdivision. Solid Waste: Solid waste wiH be handled y the City of Kalispell. Solid waste vAli be taken to the Flathead. County ty an . 'l. There is sufficient capacity within the landfill to accommodate the additional a solid waste generated from this subdivision. Medical. Services: Ambulance service is available from the fire department artment and ALERT helicopter service. Kalispell Regional Medical Center is close by and less than three des from the site. Mail Senl.i e: The owner will reed to provide an appropriate area. along �. Th r Avenue East for rail delivery. The mail deliverer site wfll need to be approved by the U.S. Postal Service and installed or bonded for prior to f lm* the final plat. E. Effects on Agriculture and Agricultural Water User F ti s: The site is in an urbanized area of the city. There WIR be relatively no impact on agricialtural uses within the Valley and no impact on agncultural water user facilities since this ro e#-t-,u v.M be served by a pubic eater system. F. Relation. to spell Growth Policy: The Kalispell Groff Pohcy Map designates this property as High Density Residential development, which anticipates a. mix of single family and multi -family . cremegs with. a density o eight to 40 dwellin g units per acre. The density for the proposed subdivision is in compliance with the anticipated ated, density for this area. G. Compliance with Zoning. The -2 zoning district permits multi -family dwellings as well as sublots. The proposed s lots and coon area comply with the Kalispell Zoning Ordinance. 5 H. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the State and local subdivision regulations and no variances have been requested. RECOMMENDATION ................ Staff recommends that the Kahspell Planning Board adopt staff report KP-o -5 as findings of fact and recommend to the Kalispell city Council that the prelftninary plat o Cedar Commons be approved subject to the foRowing conditions. - That the development of the site shall be in substantial compliance with the preliminary plat. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. The project site's frontage along 'third Avenue East shall be improved in accordance with the. city of Ka s e l's Standards for Design and Construction and Montana Public Works Standards; and shall be certified y an engineer licensed in the State of Montana. A. work shall be reviewed and approved by the Kalispell Public Forks Department prior to construction. This infrastructure shall include but not be meted to streets, street lighting, street sigma e, curb, gutter, boulevard are.d sidewalk and shall be insta led along Third Avenue East. New infrastructure along 'third Avenue e East shaU tie tnto the existing street infrastructure. Kahs el esign and Construction Standards 3. The developer shall submit to the Kalispell Pubhe Works Department a engineered drainage plan that meets the requiLrements of the current city standards for design and construction. Prior to fmal plat, a certification shad e submitted to the Public Works Department stating that the improvements have been built as designed and approved. (Kalispefl Design and Construction Standards) . The developer shall submit to the Kalispell Pul,c Works Department are erosion/sediment control plan for review and approval.. Prior to final plait, the approved plan shall be implemented. Kahs ell Design and Construction Standards) letter from the Kalispell Public Works Department shall be submitted stating that all ew infrastructure has been accepted by the City of Kalis e .. (Kalispell Design and Construction Standards) . The following requirements shall e met per the Kalispell Fire Department: (Kahspell Subdivision Regulations, Section 3.20). a. Waiter mains ns designed to provide rm'nimum fire flogs shall be installed per City specifications at approved locations. Minimum fire flows shall be In accordance with the lntemational Fire Code (2003). . Fire hydrants shall be provided per city specifications t locations approved y this department, prior to combustible construction. c. Fire Department access shall e provided in accordance with. Intematio .al Fire Code (2003). I . Ali utilities shall be installed . e gTo d, (Kalispell Subdivision Regulations, Section 3.17). . A homeowners association shad be established for the ma' to a ce of the landscaping in the boulevard along Third Avenue East and the common area, including but not limited to, the stormwater surge tanks, a sca � , ate. lot and sideways.(Findings of Fact, Section.. D) . AR areas disturbed ding development of the subdivision shall be re -vegetated with a geed -free mix immediately after development. 10. for to Ung the fmal plat a letter from the U.S. Postal Service shall e included stating the Service has reviewed and approved of the design and location of the mad deliveiry site. The mail delivery site shall be U`Istalled o bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be mciuded in the plans to be reviewed by the Public Works Department. (Kalispell Subdivision Regulations, Section 3.22). . Cross easements sail be recorded on the cornmo . area lot for ingress egress and pare; for each of the six sublots an.d to allow future connections to parking lots or drive aisles to the property immec ateiy south. 2 . That preliminary approval shall be van . for a period of wee years from the date of approval.. Ka ins eR Subdivision Regulations, Section 2.0 7 City of Kalispell Planning Department 1 - 2 d Street East, Suite 211, KalispeU, Montana 59901 Fax: 1 - s5 MAJOR SUBDMSI N PRELIMINARY PLAT APPLICATION FEE SCHEDULE: FEE ATTACHED-112.a�, Major Subdivision (6 or more lots) $750 -+- $100/lot Mobile Home Parks &Campgrounds (6 or more spaces) $750 + $100/space Amended Preliminary Plat Amendment to Conditions Only $350 base fee Re -configured Proposed Lots Base fee + $40/lot Add Additional Lots or Sublats Base fee + $100/lot Subdivision Variance $ 100 (per variance) Commercial and Industrial Subdivision Add $200 to base preliminary plat fee SUB ?IV SiON NAME: CEDAR COMMONS OWNER(S) OF RECORD*0 Name Beargrass Holdings. ALP Phone 52 -525 Mailing Address P.O. Box 7505 city Kos � � �99 3 TECHNICAL/ PROFESSIONAL PARTICIPANTS S Designer/ Engineer, etc): Nye &Address- Jackola Enginee.ripg P.O. . Box 1134 Kais eR MT. 59903 Name & Address Name & Address JUEGL I ESCRIP0,17ON OF PROPERTY: Property Address ,assessor's Tract N s) 0520350, 052 3 Lot Ns & 7 & Alley Block I ker Addition 1 Sec SE 1x SW IL4 Section. 17 Township 2 s N Range 2 1W_ GENERAL DESORPTION OF sUII N: Number of Lots or Rental Spaces 2 al Acreage 'in Subdivision .. Acres Total Acreage in Lots 0.316 A'Ceres Minimum Size of Lots or Spaces 2,163 s. . Total Acreage in Streets or Roads— Mom m Size of Lots or Spaces 2.,.521 s. . {rota. Acreage in Parks, Open Spaces and/or Common Areas 30,200.7 s, . 1 PROPOSED USE(S) AND NUMBER OF ASSOCIATEI? LOTS/SPACES: Single Family Townhouse Mobile Horne Park Duplex ar me 28 Recrea ionai Vehicle Park Conamercial Industrial Planned Unit Development, Condominium Multi -Fly other APPLICABLE ZONING DESIGNATION & DISTRICT Cily of Ka.sell -2 ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS $150,000 IMPROVEMENTS TO BE PROVIDED. Roads: Gravel Paved X Curb X Gutter XSidewalks Alleys other Water System: Individual Multiple User Neighborhood Public _ Other Sewer Systems: Individual Multiple User Neighborhood �Public X- other .ear Utilities: Cable TV X'telephone XElectric XGas XOther Solid Waste: Home Pick Up XCentral Storage Contract Hauler �Owner Haul Mail Delivery: Central X Individual SchoolDistrict: K-5 Kalispell Flare Protection: Hydrants XTanker Recharge Fire District: ion.: Citv of Kalil ell Drainage System: Onsite retention - See Engineered Plans PROPOSED EROSION/ SEDIMENTATION CONTROL: VARIANCES.- ARE ANY VARIANCES REQUESTED? No (yes/no) If yes, please complete the information below: SECTION OF REGULATIONS CREATING HARDSHIP: EXPLAIN THE RARDSHIP THAT WOULD BE CREATED WITH STRICT C M LACE WITH REGULATIONS PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: 2 IKASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW: 1. WiR the granting of the variance be detrimental to the public health, safety o ge .e al welfare or injurious to other adjoining o ernes 2. WIH the variance cause a substantial increase in public costs? 3. Will the variance affects in any manner, the provisions of any adopted zoning regulations, Master Plate. or Growth Pohey ..ire there special circumstances re .a.te . to the physical characteristics of the site (topography, shape, etc.) that create the hardship? . What other conditions are tinique to this property that create the need .for a axia .ee 3 "PLICATION CONTENTS. The subdivider shall submit a complete application addressing items below to the Kalispell la ni Department at least the five 35 days prior to the date of the Planning Board meeting at which it will be heard. 1. Preliminary plat application. 2. lU copies of the preliminary plat. 3. One reproducible set of supplemental inforr atl o .. (See Appendix A o Subdivision Regulations for the city were the subdivision is proposed.) 4. One reduced copy of the preliminary plat not to exceed I I"' x `" in size. 5. , lieatio . fee. 6. Adjoining Property Owners List (see example below and attached notice from County Plat Room): Assessor# Sec-' - LotI.Tract No Property Owner & Mailigg. Address l hereby certify under penalty of perjury and the lags of the State of Montana that the information submitted .erein, on all other subrrfitted 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 conn..ection with this application be untrue, I understand that any approval used thereon. may be rescinded, and other appropriate action taken. The signina of this application signifies approval for the Kalispell Planning staff to be present on the property for routine mo .ltormg and inspection during the approval and development process. �a Pam - EARGRASS HOLDINGS, LLP (Applicant) 4 (Date) SUBDIVASM SAT OF CEDAR COMM i ;3• LGkT? At' Sty d�# L1.1+L !/ WC AN !]' t • �, i 4..° BEM AN Al ENOW AT OF Svc SL= I OF RYXS9 14TH AAV LOTS 6i 4 7 AND W Aa4ACXAW AUEY OF BLOC -4?;5l PRO%M ar2 .urn m air su.a area AM" Wr swn#w r P.0 aw w +am'�. nr . -7.64 ce nkw4a ru r aaa� SUROWS6 AXDMM LAP C.O.S. 14878par, 1 � 'fir VL OLP LOT a ;f X 5A LOT LOT 2 - LT I l C. 0. S. 2123 T 6 LOT mf,4 if, 5F 5 A5M`,5P 5V -�,, �y ' 4, 5P SN�SG� uble� 5 N A r�! 5 ��"� 5-0 5- ... ... .. .. ..... 11 1 ....... ...... ...... 5 A 5-18 s. 22 5 5 S .......... .. 5 X E A- 5 27 (P VICINITY MAP SCALE 1 zaa' BEARGRASS HOLDINGS, LLP PRELIMINARY PLAT CEDAR COMMONS A 6 LOT MULTI -FAMILY (28 UNITS) RESIDENTIAL SUBDIVISION ON 1.01 ACRES IN THE B-2 (GENERAL BUSINESS) DISTRICT PLOT DAM 5/26/06 IFILEW KPP-06-05 H:\gis\site\kpp06_.�05.dwg City of Kalispell Planning Department 1 - 2. Stree Easy Suite 211, KafispeH, Montana o MEMORANDUM O Kalispell City Staff Other Interested .parties Telephone: o 1- 85o Fax: o 751-1858 W ife: kallspellplanning.com F Sean Conrad, Senior Planner RIE: June 15th Site Review Committee meeting ATEd June 7,2006 The proposed preliminary plat requests are scheduled to go before the Kahspell city Planning Board o.. July 11. 1. A request from Beargrass Holdings, LLP, to create six lots rang m size from 163 square feet to 2,5521 square feet and one common area lot of 30,200 square Feet. The property is zoned -2, General Commercial, and is located on the east side of 3rd Avenue East, apprwdmately 350 feet south of the intersection of 3rd Avenue East and 14th Street East. The properties proposed to be subdivided are described as lot A of the amended plat of lots 1, , 3 and 4 of Block 1, Ryker Addition to aspen and lots 5, and 7 and the abandoned alley of Block 1, R ker Addition to Kalispell. The property is located in the SW 1 of Section 17, Township i 28 North, age 21 West. 2. A request from the Hilzac Corporation to resubdivide five existing lots within Stratford "Village Phase 3 in order to create 10 sots. The proposed slots would range in size from 3,813 square feet to 3,834 square feet. The five e sting lots are zoned R- , Two Family Residential, and are located along Stratford Drive with the following addresses; 39, 43, 47, 51 and 55 Stratford Drive. The five lots proposed to be further subdivided can be legally described as lots 74, 75, 76, 77 and 78 of Stratford Village Phase 3 located in portions of the NW 1 and SW 14 of Section 19, Township 28 North, Barge 21 West. If you need additional information, regarding the above proposals please call me. An comments on the above projects should be mi to the Planning Department by June Sot .. The Site Review Committee meeting is held at 10:00 a.m. on Thursdays at the Buildmig Department located at 2 - 3rdAvenue, East in Kalispell. Thank you for taking the time to review and comment. c: wa.tta.c me ts: Brent Christopherson, Fire Dept. Mike Baker, Paiks and Rec James Patrick, C1tv- M a na e r '. . Sorensen, Zoning Administrator Roger Krauss, Police Dept_ `ram Castles, city Engineer i. Han, Ptic Works Director Mark Crowley, Cstrucc Manager Sonny Wheeler, , Community Redevelopment Susan Mover, Community Development Director Craig K=an, chief Building Inspector Charles H r a , City Attomey MDOT,Local School District-# c: w/o attachments: Applicants City of Kalispell Planning Department Street East, Suite 211, Kalispell, Montma 59901 Telephone: 751-1850 Fax: o6 751-1858 it : kalispellplanning.com You are being sent this notice because you are a property owner withmi 50 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and co .eems at the meeting noted below. You may contact this office for additional information. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION July 11, 200 The regular meeting of the Kalispefl City Planning Board and Zoning Commission is scheduled for Tuesday, July 11, 2006 beginning at 7:00 PM in the KalispeH City o . e Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board WiR hold a public hearing and take public comments on the follow g agenda items. The Board will make a recommendation to the Kalispell City Council who will take final action. ..A request from Beargrass Holdmi s, LLP, to create six lots ranging In sic from. 2,163 square feet to 2, 21 square feet and one common area lot of 30,200 square feet. The property is zoned -2, General Commercial, and is located on the east side of 3rd Avenue East, appro matel r 350 feet south of the intersection of 3rd Avenue East and 14th Street East. The properties proposed to be subdivided are d.escrlbed as Lot A of the amended plat of lots 1, 2, 3 and 4 of Block 1, Ryker Addition to Kalispell and lots 5, and 7 and the abandoned alley of Block 1, Rker Addition to Kalispell, The property is located in the SW 14 of Section 17, Township 28 North, Range 21 West. 2. A request from. the Hil ac Corporation to res bdi ide five existing lots within Stratford Village Phase 3 in order to create 10 s hots. The proposed sublots would range In same from 3,813 square feet to 3,834 square feet. The five e:xisting lots are zoned R- , Two Family Residential, and are located along Stratford Drive with the following addresses; 39, 43, 475 51 and 55 Stratford Drive, The fie lots proposed to be further subdivided can be legally described as lots 74, 75, 76, 77 and 78 of Stratford. Village Phase located in portions of the NW 14 and, SW 14 of Section 19, Township 28 North, Range 21 'Vest. Documents ents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 17 Second Street East, Suite 211, Ka.11.spe , MT 59901, and are available for public review duning regular office hours. Interested persons are encouraged to attend the hearing and make their views and concems known to the Board. Written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the bearing, or you may call us at o 751-1 50, or e-mail us at plannialispejl.com for additional information. CERTIFICATION APPLICANT* Cedar Commons FILE NO.* KPP-06-05 the undersigned certify that I did this date mail via CERTIFIED Mail copy of the attached notice to the following list of landowners adjoining the property lines of the property that is requesting an amendedpreliminary plat. Date: o ' rao # -7 &fey, Block 1 Ryker Addition Property Owner, Mail Address: Beargrass Holdings, LLP P.O. Box 7505 Jac kola Engineering ., Box 1134 Kalispell, MT 593-3 AND ATTACKED LIST Beargrass Hfs, LLP Jackola EngffieeringJoshua & Tara Brinton P.O, Box 7505 P.O.. 3 2 "' Avenue East Kalispell, MT 59904-0505 Kalispell, MT 59903-1134 Kalispell, MT 59901 William N. Miller 1444 "' Avenue East Kalispell, MT 51 Edythe Hill 1428 Avenue East Kalispell, MT 59901 CraigDenman/Bill Rice DOS Properties, LLC 354 Blue Spruce Lane Kalispell, MT 51 OKO Properties, LLC 5 Yd Avenue East Kalispell, MT 51 Gilbert Genra Avenue East Kalispell, MT 59901 K Development, LLC 22011 NE 212 Avenue Battle Ground, WA 98604 Kevin & Rachel Hanko Ca anaug .s Hospitality Ltd Ptnshp 0"Nell Properties, LLC 1 " .venue East 201 W North River Drive, Ste 100 312 Crestview Drive Kalispell, MT 59901 Spokane, W 99201 Kalispell, MT 59901 ' 'HE -,RING KALI PELL CITY PLANNING BOARD AND ZONING ... MIS31 M luiy 11, 2006 ..The re u.lar meeting Of the aiispell City Plan- ningBoard n Zoning Commission Is sche led for Tuesday, July ..°��:, f beginning � at p it t the Kalispell in .00 �Yi pity Council Chambers, Kalispell City Haft, First Avenue East, a- li'spefl. The planning 'board will mold a public hearing and take public moments on the follow- ing agenda items. The Board will make a rec- ommendation to the Ka- lf pejf City Council who will tale final action. 1. A request from :ear€rass Holdings* . p7to create six. lots :_.`r-anigng in size from .- : 163 square feet to ::'2,521 square feet and one common area of ., 00 square teat The :.. Property is zoned BR , _''General corn r ial, 'and is jatd an the east side of 3rd Avenue :.-East, approximately 3 50 feet south f the inter- section ast and 1tf Street East. The properties -posed to, b'e s bdi" ..Vided are described as Lot A of the amended plat of lots 1, 2, f Block 1, Ryker Addd s do to Kalispell an and 7 and alley the of abandoned y Bloch 1, Ryker Addition .to Kalispell. The proper- ty is located in the SW 1/4 of Secfion 17, Town- shie North, Range 21 West. to thw NOTICE OF PUBLIC 7.7 2L ... 5....'�y. . epartrTT 1av an-cVare� Mat ..au revtew. d.Lwl of _M,: vy- 1�� :: ' are . °.`"tt thy: t -W c Lz, ':: ' ..; MCal,1 rr::t°. at :. r: ...'I""", IiAh i �.00 . A request frOM the ilae Corporation to re- s bdivide' five existing dtVil- lage within tra Phase 3 In order t Create I () sublots. The oroposed sublets would .range in sloe from f813 square feet to si r eet. The five ex- sI tots are zoned - . Two Faril} siden- tial, and are located along stratford Drive with the follOwing ad- dresses, , 43, 4. 51 and Z-15 Stratford Drive. The five lots propose to be lur€er subdivided can be legally described s lots 74, 75, 6# 77 and 76 of StratfordVil- lage Phase 3 located � in portions of the W W4 of s000n _ $ryrnlinsNp ?S North, range 21 West. STATE F M NANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION CHRIS SCHULDHEISS BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN TEE CITY OF KALISPELL, I THE C LNY OF FLATHEAD, STATE OF MONTANA, AND THAT N. 10707 LEGS ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON E DATES OF JUKE 25, 2006 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE A.,�TD PUBLISHED FOA THE SAME NUMBER OF INSERTIONS. P cite Subscribed and sworn to Before me this UN26, 2 F r . . .. .... .... .... .... Notes Public for the State of Montana Residincr in Kalispell My Commission expires9/11/09