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4. Resolution 5125 - Preliminary Plat - Diamond Ridge Estates - Riebe & WebsterCity of Kalispell Planning Department 2 street east., Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 75 l - 85 Webs ter ka e p annm' g.com REPORT TOO Kalispell Mayor and City council FROM: Sear. Conrad, Senor Planner James H. Patrick, City Manager SUBJECT: re iminary Plat request for Diamond Ridge Estates Subdivision MEETING DATE: July 3, 200 BACKGROUND: The Kalispell City Plannm*g Board met on June 13, 2006 and held public hearing to consider a request by .den and Virginia R.ebe, William and Cindy riebe and. Polly Webster for relimmary plat approval to create 23 single famfly residential lots. Currently this property is in the county zoo .r s ictior and has a zoning designation of county R-1, a. Suburban Residential zoning designation that has a minimum lot size requirement of one acre. The owners have submitted a. petition for annexation and initial zoning request of R-2. The lots within the subdivision would range from 15,000 square feet to 27,600 square feet. The mm*u'num lot size under the City R- 2 zonl*ng district is 9,600 square feet. The property is located on the southeast comer of Three Idle Drive and Stillwater Road. There is an existing home located on the property and addressed as 394 Three Mlle Drive, Kalispell. The properties included in the subdivision can be described as Assessors Tracts 3ABB, 3 C, 3AD, 3AB, and. 3ACA located within Section 12, Township 28 Forth, Mange 22 Nest Sean Conrad of the Kakis el . Planning Department, presented staff report KPP - --3 and recommended the Planning Board consider recommending approval of the preliminary plat subject to 20 conditions. t the public hearing Erica Wirtala from Sands Surveying spoke in favor of the subdivision. There were also four property owners whose land s to the south of the subdivision who had concerns about how their property values would, be affected by the subdivision are.d how storm water was going to be handled. Erica Wirtala addressed the storm water con. cems by stab.g that a. preffirninary storm grater plan had been developed which included a combination of storm water detention and retention ponds on the south side of the subdivision. After the public hearing the board discussed the proposal and took issue with Condition 5 regarding the parkland requirement. The developer preferred to pay a. cash -ire -lieu payment however the staff report recommended a. homeowners park be dedicated. Staff pointed out to the board that the Parks and Recreation Department recommended the parkJand dedication just prior to the staff reports being sent out. Due to the fate timing of the parkland recommendation, the board is reeormendm' g the Council consider amending Condition 5 to allow the developer to pay cash in he of parkland. The Council may consider amending Condition 5 as follows, 'Me parkland dedication regL rement shall be met with the payment of cash-m*-heu o parkland of 1. 14 acres based on the unimproved fair market vale of the area devoted to lots, This amendment passed on a. Grote 3 to 2. The tiro board members who voted against the amendment felt that a park should be dedicated as part of the subdivision in the area oflots 11 and 12. The motion on to recommend approval of the rehr roar plat to the Kalispell City Council subject to the 20 conditions fisted in the staff report in addition to amended .ded Condition 5 passed unanimously. RECOMMENDATION: motion to approve the preliminary plat with. the 20 conditions as amended by the Planning Board would be in order. FISCAL EFFECTS: Positive impacts once fufly developed. ALTERNATIVES: As suggested by the City Council. Respectfully s bffiitted Scan Conrad es Senior Planner City Manager Report compiled* June 23, Zoo Attachments: Transmittal letter Exhibit A (conditions) Staff report #KP-o -3 and application materials Minutes 6 / 13 06 planningboard meeting C Theresa White, Kalispell City Clerk RESOLUTION No. 5125 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT of DIAMOND RIDGE ESTATES, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S ACTS 3ABB, 3AC,, 3AD, 3AB, AND 3ACA, LOCATED IN SECTION 11, TOWNSHIP NORTH, RANGE 22 WEST, .M,M., FLATHEAD COUNTY, MoN "ANA. WHEREAS, Allen and Virginia Riebe, William and Cindy Riee, and Polly Webster, the owners of the certain real properties de er'bed 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 June 13, 2006 on the proposal and reviewed Subdivision Report KP-0 -3 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Flat of Diamond Ridge Estates subject to certain conditions and recommendations., and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 3, Zoo , reviewed the Kalispell Planning Department Report KP-- , reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary flat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED Y THE CITY COUNCIL OF THE CITY OF SECTION I. That the Findings of Fact contained in Kalispell Planning epartment Report KP-0-3 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of the Riebes and Webster for approval of the Preliminary Plat of Diamond Ride Estates, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: . That the development of the site shall be insubstantial compliance with the preliminary plat, (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell" s Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting., street si ,nage curb, gutter, boulevard and sidewalk and shall he installed along Cree side Court. New infrastructure along Cree side Court shall tie into the existing street infrastructure serving Bowser Creek Estates subdivision. (Kalispell Design 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. Pn'or to final plat, a certification shall be submitted to the Public vorl s Department stating that the improvements have been built as designed and approved. Kalispell Design and Construction Standards) . A letter from. the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell. (Kalispell Design and Construction Standards) . The parkland dedication requirement shall be fact with the payment of cash -in -lieu o parkland of 1. 14 acres based on the unimproved fair market value of the area devoted to lots. (Kalispell Subdivision Regulations, Section 3.19) . That a minimum 20-foot buffer strip shall be established between Three file Drive and lots 20 and 23 of Diamond Ridge Estates as well as the frontage of the tract between lots 20 and 2 3 labeled "Not a- part' on the prel iminary plat. The 20-foot buffer step shall include a paved bike and pedestrian trail, 1 -Feet wide and comply with AASHTO standards for bike and pedestr'an paths,, and integrated into existing bile and pedestrian paths along Three Mile Drive. The 20-foot buffer strip shall also include buffering in the form of bermingand landscaping. These improvements are to be coordinated with the Kalispell Public Works Department, .darks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. 7. The developer shall provide evidence that lots 19 and 20 have been included in the road maintenance agreement for Wyndover Hill Drive. . 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 spec ri at ons at approved locations. Minima dire flows shall be in accordance with Uniform Fire Code 1 97 Appendix 111-A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. FireDepartment access shall be provided in accordance with Uniform Fire Code 1 7 Article 9. . The required boulevard along Creel side Court shall be a minimum of 5 Feet wide and a payment in lieu of landscaping provided to the Department of Parks and recreation for the installation of street trees and seeding of the boulevard. (Findings of Fact Section D) 10. The existing outbuildings shown on the preliminary plat shall be removed or located on the same lot as the existing house. (Kalispell Zoning ordinance, Section 27.22.0203 g 11. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mein; of the grass within the boulevard. removal ograss or trees within the boulevard is prohibited unless approved by the Kalispell Department of Parks and Recreation." (Findings of Fact Section 1= 12. 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 s bdivision." 13. A letter shall be obtained from the Montana Department of Transportation and 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 in order to serve the lots within Diamond Ridge Estates. (MOOT) . 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. Kalispell Subdivision Regulations, Section .o. 15. 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 rail delivery site. The nail delivery site shall be installed or bonded for prior to final plat. In addition, the nail delivery site and improvements shall also be included in the plans to be reviewed by the Public works Department* (Kalispell Subdivision Regulations, Section 3.22). 16. Street lighting shall be located within the subdivision and shall be shielded so that it sloes not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3 .o. 17. All Futilities shall be installed underground. Kalispell Subdivision Regulations, Section 3.17). 18. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 19. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 20. The preliminary plat approval shall be valid for a period of three years from the date of approval. Kalispell Subdivision Regulations, Section 2.04). SECTION 111. Upon proper review and filing of the Final Flat 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 R THE CITY OF KALISPELL, THIS 3RD DAY OF JULY., 2006. Pamela. B. Kennedy Mayor Theresa White City Clerk City of Kalispell Planning Department 2"" Street east, Suite 211, Kalispell, Montana 59901 Telephone: (406) 5 - 85 Fax: (406) 751-1858 June 23, 26 James r . Patrick, City Manager City of Kalispell P.O. Box 1997 r ahs ell, MT 59903 Fie: Preliminary Plat request for Diamond Ridge Estates DearJim: The Kalispell City Planning Board met on June 13, 2006 and held a public hearing t consider er a. request by Alen and Virgmia Rie e, Wham and Cindy R.e e and Polly Webster for preliminary plat approval to create 23 single family residential lots. Currently this propel is in the County zoning junsdiction and has a zoning designation of County R -1, a. Suburban Residential zoning designation that has a minimum lot size requirement of one acre. The owners have submitted a petition for annexation and initial zoning request of R-2. The lots within the subdivision would range from 15,000 square feet to 27,600 square feet. The miniraum lot size under the City R-2 zoning district is 9,600 square feet. The property is located n the southeast east comer of Tree Mile Drive and Stillwater Road. There is an existing home located on the property and addressed as 394 Three Mile Drive, Kalispell. The properties included in the subdivision can be described as Assessors Tracts 3A B, 3AC, 3A , 3A , and. 3ACA located within Section 12, Township 28 North, range 22 West Sean Conrad of the Kalispell lanmm�g Department, presented staff` report #KP--3 and recommended the Planning Board consider recommending approval ofthe preliminary plat subject to 20 conditions. At the public heafing Erica Wir-tala from Sands Surveying spoke in favor of the subdivision. Ihere were also four property owners whose land is to the south the subdivision who had concerns about few their property values would be affected y the subdivision and how storm m ra.ter was going to be handled. Erg ea Wirtala addressed the storm water concerns by stating that a preliminary storm grater plan had been developed which included a combination storm water detention a.n . retention ponds on the south sidle of the subdivision. After the public hearing the board discussed the proposal and took issue with Condition 5 regarding the parkland requirement. The developer preferred to pay a cash-m' -Ii . payment however the sty report recommended a homeowners park be dedicated. Staff pointed out to the board that the Parks and Recreation epartm nt recommended the parkland dedication just prior to the staff reports being seat out. Due to the late timing the parkland recommendation, the board is recommending the Council consider amending Condition 5 to allow the developer to pay cash -in -lieu of parkland. The Council may consider amending Condition 5 as f Hows, "The parkland dedication requirement shad. be met with the payment ofcash-in- i . of parkland of 1.1 acres based on the unimproved ved air market value the area devoted t lots." This amendment passed on a vote 3 to 2. The two board members who voted against the amendment felt that a. park should be dedicated as part of the subdivision in the area. of Lots 11 and 12. The motion to recommend approval of the preliminary plat to the Kalispell City Council subject to the 20 conditions listed in the staff report in addition to amended Condition 5 passed unanimously. Please schedule this ratter for the July 3, 2006 regular Kalispell City Council meeting. You may contact this board or Sean Grad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Timothy Norton President Attachments: Exhibit ,A. Staff report KPP- -3 and application materials Minutes 3 / 06 planning board meeting c w ,A.tt: Theresa. White, Kalispell City Clerk c w Att.: Allen and Virginia Riebe, Wiflaam and Cindy Riebe, Polly Webster, 39 Three Mile Drive, Ka,ispl., MT 59901 Er'c Mulcahy, Sands S ry eyl 'ng, Inc., 2 visage Loop, Kalispell, MT 59901 EXH IT DIAMOND RIDGE ESTATES SUBDMSION PLAN' CONDITIONS OF APPROVAL AS RECOhEMNDED BY THE KALISPELL CITY PLANNING BOARD JUNE 13, 2006 The Kalispell City Planning Board recommends to the Kalispell City Council that the preliminaxy plat be approved subject to the following conditions: That the development of the site shall be in substantial compliance with the preliminary plat. (Kalispell spell Subdivision Regulations, AppendiX C - Final Plat) 2. New M rastr et re required to serve the subdivision shaH be designed an constructed in accordance with the City of Kal spell's Standards for Design an Constr .Coon and Montana Public Works Standards; and shall be certified y are engineer hcensed in the State of Montana. All work shall be reviewed are approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalk are.d shad be installed along Creeksl e Court. New infrastructure along Creeksl e Court sha J tie into the existing street infrastructure serving Bowser Creek Estates subdivision. (Kalispell Design and Construction Standards) 3. The developer shall submit to the Kalispell Public Works Department .t an engmeered dreaffiage plan that meets the re uiLrements 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 have been built as designed and approved. (Kalispell Design and Construction Standards) . A letter- from the Kalispell. Public Works Department shall he submitted stating that all new infrastructure has been accepted y the City of Kalispell.. (Kalispell Design and Constr .coon Standards) 5. The parkland dedication requirement .rement shall be met with the payment of cash-in- e . of parkland of 1. 14 ages based on the unimproved fair market vale of the area devoted to lots. Kalispell Subdivision Regulations, Section 3.19) . That a minimum 20-foot ffer- strip shall be established between Three Mile D ve and lots 20 and 23 of Diamond Ridge Estates as well as the frontage of the tract between lots 20 and 23 labeled "Not a. part" on the preliminary plat. The 20-boot buffer strip shall include a paved bike and pedestrian trail, T 0-feet wi le and comply W1 ith AASHTOstandards for bike and pedestrian paths, and integrated Mto eidsting bike and pedestrian paths along Three Mile r ve. The 20-boot buffer strip shall also include buffer .ig in the form of berming and landscaping. These improvements are to be coordinated ate with the Kalispell Public Works Department, Parks and Recreation Department, ent, Flathead County Road Department and Montana Department of Transportation. . The developer shall provide evidence that lots 19 and 20 have been included in the road maintenance agreement for Wynover Hill Thrive. . The following r u .rerr eats shall be met per the Kalispell FireDepartment: Kalispell Subdivision Regulations, Section 3.20). a. Water maims designed to provideminimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code 1 ) Appendix III -A. . Fire hydrants shall be provided per City specifications at locations approved y this department,, ncr to combustible construction. e. Fire Department access shall be provided in accordance with. Uniform Fire Code 1 Article 9. 9. The required boulevard along Crccks do Court shall be a minimum of 5 feet ride and a payment m lieu of landscaping ing rovid ed to the Department of Parks and Recreation for the installation of street trees and seeding of the boulevard. (Findings of Fact section D) , The existing outbuildings shown on the rehmm' ary plat shall be removed or located on the sarrrc lot as the existing house. (Kalispell Zoning rd finance, Section 27.22.020(3)(g) l l , The foHowing note shall e placed on the finalplat: "Property caner s are responsible for the boulevard strip for the lend of their property boundaries. Responsibilities include atcr r g and mowing f the grass wit a�r� the boulevard. Removal of grass or trees with the boulevard is prohibited unless approved by the Kakis ell Department of Parks and Recreation."(Findings of Fact Section D 12. The following note shall be placed on the final plat: "Property owner(s) sail waive their r ; t to protest the creation of a special improvement district for road. upgrades in the area to City standards which are impacted by this subdivision." 13. A letter shad be obtained from the Montana Department of Transportation and stating that the proposed accesses onto Three Mlle Drive(Farm to Market Road) have been reviewed and approved and any associated and. necessary improvements have been satisfactorily completed in order to scare the lots w,t in Diamond Ridge Estates.(MDOT) 14. The roads within the subdivision shall be named and signed m accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Contxol Devices Manual and be subject to review and approval of the Kalispell Fire Department. Ka.l .s eH Subdivision Regulations, section. 3.09). 15. 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 d.chvery site. The mail delivery site shall he it stalled. or bonded for prior t final. plat. In addition, the mail delivery site and improvements shall also he included in the plains to he reviewed by the Public Works Department. (Kalispell Subdivision Regulations, Section 3.22). . Street lighting shall be located within the subdivision and shall be shielded so that it cos not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section. 3.09(L)). 17. All utilities shall be installed underground. (Kalispell subdivision Regulations, Section 3.17). 18. That a mfiu*mum of two-thirds of the ssary infrastructure for this subdivision shy be completed prior to final plat submittal. 19. All areas disturbed during development of the subdivision shall be re -vegetated �� weed-freemix immediately after fort. 20. The Preliminary plat approval shall be valid for a period of three years from the cute of approval. (Kalispell Subdivision Regulations, Section 2.04). DIAMOND RMGE ESTATES SUBWISN KALISPELL PLANNING DEPARTMENT STAFF" REPORT KP--3 JUNE 2.1 2006 A report to the Kalispell City Planning Board and the Ka .s eH City Council regar mmg a request for preliminary plat approval of a 23 lot subdivision on property proposed for annexation an it tiai zoning. A public hearing on this proposal has been scheduled before the planning board for June 13, 2006 in the Kalispell City Council Chambers. The planning board wiH forward a recommendation to the city council for Fmal action. BACKGROUND INFORMATION: This preliminary plat has been submitted in conjunction with a. petition for annexation and an i.r k al zoning designation of R- 2, a Single -Family Residential district, on approximately 12.2 acres. A, Petitioner / Owner: Allen and Virginia Rie e William and Cindy Rie e Polly Webster 394 3 Mile Drive Esc , MT 59901 (406) 52-o o Technical Assistance: Sands Sury ' g, Inc. CYM 2 Village Loop Kalispell, MT 59901 (406) 55- 1 Nature of the Request: The owners are requesting prehminary plat approval to create 23 single family residential lots. Currently this property is in the County zoning jurisdiction are.d ha.s a zoning resignation of County R- 1, a Suburban Residential tia . oning designation that has a minimum lot size requirement of one acre. The owners have submitted a. petition for annexation and initial zoni g request of - 2. The lots within the subdivision would range from. 15,000 square Feet to 27,600 square feet, The minimum lot size under the City R-2 zoning district is 9,600 square feet. C. Location and Legal R io Property: The property is located on the southeast comer of Three Mile Drive and Stillwater Road.. There is an existing home located on the propel and addressed. as 394 Three Mile Drive, Kalispell.. The properties included in the subdivision can be described as Assessors Tracts 3AB, 3 C, 3A , 3A , and 3ACA located within Section. 12, Township 28 North, Range 22 West.. I!, Size: Total Area: 12.2 acre Total Lot Area in Lots: 10.4 acres ,Area In Roads: 1.8 acres Minimum Lot Size*. 15,000 square feet Ma imam Lot Size.* 27,600 square feet E. E.7dsting Land. Use and Zoning: The propel proposed for the subdivision has a existing ome and outbuildings which would remain on proposed lot 4. Currently this property is in the County zoning jurisdiction and is zoned R- , Suburban Residential, a single family residential zoning .istric which has a mu' =* um lot size requirement of one acre. As previously mentioned, a. petition for annexation o the city of Kalispell and are initial zoning designation of R-2 has been fled co currendy with the request for preliminary plat approval. F. Adjac ent Land Uses and Zoning: This property is located in an area currently expenencing a. transition from rural to urban scale residential because of the recent extension of public water and serer to the area. North: Cottonwood aid Empire Estates Subdivisions, City -3 are. r - oin South-. Suburban residential subdivision, County -2 zt nm* East; Rural residential, County R-1 zoning West: Bowser Crock Subdivision, City R-2/PUD zonmg G, Proposed Zoning: The propose. R- 2 , Single Famfly Residential, zone fists single- family residences as a permitted use and has a. minimum lot size requirement of 9,600 square feet and a width of 70 feet. The intent of the --2 district is to provide adequate lot areas for urban residential development. The zoru*ng district should have good thoroughfare access, and be in proximity to community and neighborhood facilities such as schools, parks and shopping areas. HI General Land Use Character: The general landuse character of this area can be described as primarily agricultural land transitiornffig toward residential uses. This area can also be described as being within the urban boundaries of Kalispell and there have been significant cio en pressures in the area for larger agricultural tracts. 1, Utilities and Public Suess: .All available public services and faculties will be provided o these properties at the same level of service as other properties similarly situated in the city limits. Sewer: City of Kalispell Water: City of Kalispell Refuse: Contract hauler available Electricity: Flathead Electric Cooperative Telephone: Cent ryTei Schools-. School District #5 Fire: Kalispell Fire Department Police: Kalispell o .ee Department Relation to Zoning Requirements: The applicants are proposing annexation and an initial zoning designation of R-2. The R-2 zoning district has a. minimum lot size requirement of one dwelling unitper 9,600 square feet or approximately .5 dwelling units per net acre or 3.5 units per gross acre. The proposed 2 subdivision has a. gross density of 1..9 units per acre. The proposed subdivision would create 23 lots. All of the proposed lots would exceed the inimum lot requirements of the R-2 zoning district with several proposed lots more than double the 9,600 square foot minimum lot size. Proposed lots 1, 1 ,, 19 and 20 are all more than double the mm' imu lot size required in the R-2 zoning district and therefore could potentially be further subdivided in the future. Although future division of these proposed lots is possible it would not have a significant impact on roadways surrounding the subdivision as they will be constructed or improved to meet City road standards. REVMW AND FINDINGS OF FACT This application is reviewed as a major subdivision in accordance with statutory criteria and the KalispeH City Subdivision Regulations. A* Effects on Health and. Safety: Fire: This subdivision would be in the service area of the Kalispell Fire Department once annexed to the City. The property would be considered to be at low risk of fire because the subdivision and. homes within the subdivision would e constructed in accordance with the Uniform Fire Code and have access which meets City standards. Hydrants will be required to be placed along the new road within the subdivision in eompha ice with the requirements of the Unifo= Fire Code and approved y the Fire Department. The fire access and suppression system should be installed and approved by the Fire Department prior to Email plat approval because of potential problems with combustible construction taking place prior to adequate fire access to the site being developed. '`loodi : According to FIRM Panel #1805D dated 9 3o 92 this propel is located entirely in zone C, an area that is not prone to flooding. There are no indications that this site is prone to high ground gaiter, intermittent streams or creeks or stormwater runoff oi~ hic has the potential to create problems with flooding. Access: Access to the subdivision is proposed from a new r subdivision road and an emsting private road off of Three Mlle Drive. The new roadway serving a. ma on o the bats within the subdivision divisio i proposed as a. loop road connecting two roads currently under construction on the adjacent subdivision, Bowser Creek Estates. The loop road shown on the preliminary plat, Creeksid.e Court, would extend are existing court in Bowser user Creek Estates north and connect with Bowser Creek Place, another inte-t-nal roadway serving the Bowser Creek Subdivision. Both Bowser Creek Estates and Diamond Ridge Estates would sure an access road. onto Three Mile Drive. An existing private roadway, Wynd.over Hill Drive, would serve proposed. lots 19 and 20. This roadway currently serves four lots within. the W ynd.ov er Hill subdivision. Effects Wfldlife and Wildlife Habitat: This property varies between level ground and slopes between 8-11 percent, Although the properties proposed within the subdivision have some varying topography no creeks or drainages are 3 located on them. There may be some rr gratory bIrds and occasional deer may visit the site, however, this area does riot provide significant habitat for wildlife. C. Effects on the Natural Environment: Surface and.... grr : This subdivision wiH be served by public water and sewer thereby minimizing any potential impacts to the groundwater. As stated previously, the entire site is outside the 100 year floodpia n and the closest surface water is Bowser Creek which hes approximately 700 feet to the merest of the property_ A Depth to Water Table map dated March 13, 2006 indicates the grater table is greater than 50 feet below the surface for the area of the proposed lots. Drainage-. Curbs and gutters will be installed and a storm water management plan will have to be developed to address the runoff from the site. There is no City storm drain system in the immediate area and storms grater wi have to be managed using ors -site retention methods as part of an engineered storm water management plan. The developer will need to submit an 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 Kalispell"s standards and. Mate standards and will be required to be designed by a. professional engineer. Effects on Local Services: Water: water service to the subdivision would be provided by the City of Kalispell and extended from a water main that lies to the west of this subdivision along Three Mile Drive. The water main would be extended from its current location to the subdivision along the right of way for Bowser Creek Place. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision. There is adequate capacity within the City's water system to accommodate this development. Sewer: Sewer service will be provided by the City of Kalispell with an extension o are existing sewer main located west of the proposed subdivision. Design and construction of the mains will be reviewed and approved by the Kalispell Public Works Department. 'there is adequate capacity within the sewage treatment plan to accommodate this development. Roads-. The primary access road serving Diamond Ridge Estates and adjacent subdivisions is Thxee Mile Drive. Three Mile Dave is a. paved, two lane State secondary roadway that is in fair condition. Over the last five years significant development has occurred along Three Mile Drive. At some point, consideration will need to be given to the upgrading and widening of Three Mile Drive as development continues to occur in the area. Impacts to Three Mile Drive are incrementally increasing. However, with no funding is currently available for the upgrade of secondary State highways at either the state or local level and no improvements to the Three Mile Drive area are anticipated. Additionally, because here are no development impact fees assessed by the City of Kalispell, Flathead County or the Mate of Montana, the u' npacts to the road will continue to be felt. Over-all there will be moderate impacts to Three Mile give as a. result of this subdivision however, in order to address impacts future traffic associated with the proposed subdivision would generate, staff is recommending a condition be placed on the finial plat which requires lot owners to waive heir right to protest 4 the creation of a. special improvement district for road lipgrades in the area to City standards. A. additional condition recommended on the preliminary plat WiH re Ire the developer to contact the Montana Department of Transportation to ensure the existing approaches for the two access roads off of wee Mile n've, Bowser Creek Place and Wyndover Hill Drive, are adequate for the additional traffic generated by Diamond Ridge Estates. The proposed subdivision road., Creeksi e Court, wfll be constructed to City standards and. would include curb, gutter, sidewalks and landscape boulevards within the subdivision. This road will tie into two roads currently being constructed as Part of the Bowser Creek subdivision. . The Parks and Recreation Department has previously worked with developers by approving appropriate street trees to be planted within the boulevard strip. However,, recently the Department has changed its policy and now requires developers to provide the Department with funds so that the Department can install the street trees and seed the boulevard strip. This has come about after lot ovmers in. numerous subdivisions have neglected to place grass and instead have placed rock in the boulevard and may or may not plant the required street trees. With the owner or developer providing funds to the Department, the City can be assured that the boulevard will be seeded and trees installed per City standar s . In addition, the Department of Parks and Recreation has requested future lot owner(s) be notified that they must maintain the boulevard levar strip and no removal of grass or sheet gees can occur without approval from the Department of Parks and Recreation. Therefore, conditions have been added to the proposed subdivision to address the Department's concerns regarding the street boulevards. Lots 19 and 20 will be provided access off of Wyndover Hill Dave, a private roadway approximately 20 feet wide serving four lots in the Wyndover Hills subdivision. The Wyndover Hill subdivision was approved by the County on March 8, 2001. One of the conditions of approval for the subdivision was the creation of a road users association to maintain the riva.te road. As a recor=ended condition of approval, proposed lots 19 and 20 will reed to be included m the road users association for the continued maintenance of Wyndover Hill Drive. Schools: This development is within the boundaries of the Kalispell school District 5. The school district could anticipate that are additional l I school aged children might be generated into the district at full build out. This number is used because it takes into account pre-school aged children., home school education options and the r'vate school education. option. Not all of the children who live in the subdivision wfll be attending public schools. This would have a. potentially significant impact on the district, particularly on a. cumulative level with other developments ents erg. lire within the district - both urban and rural particularly with high school -aged. students. Parks and Open ...S is . The state and local subdivision regulations have arkla.nd open space requirements for major subdivisions in the amount of 1 % of the combined area of all land to be divided into lots 1/2 acre and smaller. The area in lots is 10.394 acres creating an average lot size of 19,685 square feet, 5 shghtly less than ' are. acre, I I% of the combined area m lots will require 1.1 acres in park area or cash in lieu equivalent. The developer is proposing to pay a cash I'M lieu of parkland fee and the subdivision application the owner has rov*ded a value o $25,000 per acre as the estimated market value of the property before im rovernents. The developer has proposed the cash in lieu payment because the developer feels that a park would not be warranted ire this subdivision due to the large size of the lots. Upon review the -proposed subdivision the Parks and Recreation Department is recommending that the developer provide an ors -site area for a park. The e artr. ent"s recommendation would be to have a park in the vicir ty of lots 6, and 8 as show. on the preliminary plat. The portion of the park area will need t be developed with some amenities such as a picmc area and irrigation are landscaping so that it provides a recreational amenity. A plan for development ent and. maintenance of the park area needs to be coordinated with the Kalispell Parks and Recreation Department. The park will be pn'vately owned and maintained by the homeowners association and will not be available for use by the general public. Police: This subdivision would be in the jurisdiction of the City of Kalispell Police Department once annexed to the City. The department can adequately provide service to this subdivision, however the cumulative impacts of growth within the City further strains the department's ent's ability to co m e to provide the high level of service the department is committed to. Fire Protection : Fire protection services will be provided by the Kalispell Fire Department t once annexed to the City, and the subdivision will be required to comply with the Uniform Fire Code. Although fire risk is lour because of good access and airly level terrain, the Fire Department is recommending that access to the subdivision and the hydrants are in place prior to fmal plat approval and or use of combustible matey * als in construction. Sidewalks-, Currently here is a lack of pedestrian access along `three Mile Drive. Three Mile Drive is a marrow State secondary highway that is maintained y Flathead County. Other subdivisions that have been developed in the area have been required to establish pedestrian access along Three Mile Drive with the anticipation that these walkways will eventually connect. The improvements ents have been made on an incremental basis and the subdivision's frontage along 'three Mile Drive would add another segment that is needed. Staff would recommend that a.pedestrian/ bike trail and a. vegetation buffer along proposed lots 20 and. 23 of Diamond. Ridge Estates as well as the frontage of the tract between propose. lots 20 and 23 labeled "Not a part' on the preliminary plat be provided prior to fling the final plat. The pedestrian/bike trail would be coordinated with. the Public Works Department are.d marks and Recreation Department. Solid Waste: Solid waste will be handled by a private hauler and will be taken to the Flathead County Landfill. There is sufficient capacity within the la dfiR t accommodate ate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is avail a l e from. the Fire Department and ALERT helicopter service. KahspeH Regional Medical Center is close, less than rAl three miles from the site. E. Effects on Agriculture and agricultural water user facilities* The site has been traditionally used for agricultural purposes, n*mar .y grazing. However, due to the increase in resi entia.i development surrounding the project site on all four sides, the property is less viable as agricultural land. Its location are.d its proximity to urban services make this propel sited for urban scale development. There will be relatively little impact on arc .l.t .ral uses within the alley and no impact on agricultural grater user facilities since this propel will e served by a public water system.. Relation to the KaUspell Growth wth Policy: This propel is in the Kal s ell Growth Policy's potential utility service area are.d is anticipated for this type of urban scale development at the time of connection to City utilities. The flature land use map for the area indicates this area is anticipated to be developed as Urban Residential. Areas designated as Urban Residential are anticipated to be served by cor=unity water and sever and have good access to services and public facilities. This land use designation anticipates a density of between 3 and 12 dwelling units per gross acre. The requested R-2 zoning for the site can be found to be consistent with the Urban Residential designation. G, Compliance with Zoning* This property has been proposed to be zoned. -2, a Single Family Residential district. The proposed. lot sizes range from 15,000 square feet to 27,600 square feet. 'therefore, the proposed, lots would comply With the requested R-2 zoning district. It should be noted that due to the larger lot size proposed with the subdivision there is the potential for proposed lots 1, 16, 19 and. 20 to further subdivide. The project site currently has a .house, garage and several. outbuildings located on the westem portion of the property. The preliminary plat indicates that the house would be located on proposed lot 4 along with. the garage and a carport however several. other outbuildings are shown on other proposed lots. Section 2 .22.020 3 g of the Kalispell Zoning Ordinance states that no accessory structure or use shall be constructed or established on any lot prior to the time of the substantial completion of the construction of the principal structure to which it is accessory. if the subdivision is approved, allowing any of the outbuildings to remain other than those included on the same lot as the existing house would be in violation of Section 27.22.020(3)(g). Therefore, as a. recommended condition of approval they will either have to yore or remove the existing outbuildings to comply with. Section 2 .22.o2o 3) (g). H. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations and no variances have been requested. RECOAUMNDATION Staff recommends that the Kalispell City -County Planning Board adopt staff report K -- o -3 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for the subdivision be approved subject to the following conditions: That the development of the site shall be in substantial compliance with the preli.�� plait. Ka .is ell Subdivision Regulations, Appendix C - Final Plat) 2. New Infrastructure required to serve the subdivision shaH be designed and constructed i accordance with the City of Kalis ell's Star. ar .s for Design and Construction and Montana. Public Works Standards; and shall e cued by an engLneer licensed in the State of Montana. All work shall be reviewed and approved by the KahspeH Public Works Department prior to construction, This infrastr-ucture shall include but not be limited to streets, street lighting, street signa. e, curb, gutter, boulevard and sidewalk and shall be installed along Creeksi e Court. New infrastructure along Creeksi e Court shall tie into the existing street infrastructure serving Bowser Creek Estates subdivision. (Kalispell Design and Construction Standar s 3. The developer shall submit to the Kalispell Public Works Department an engineered drainage plan that meets the requirements ents of the current City standards for design and construction. Prior to finial plait, a. certification shall be submitted to the Public Works Department stating that the improvements have been built as designed and approved. (Kalispell. Design and Construction Standards) . A letter from the Ka .is eil Public Works Department shall be submitted stating that all new infrastructure has been accepted y the City of Kalispell. (Kalispell Design and Constr ct .o Standards) The developer shall provide a minimum of 1. 14 acres in park area in the vicinity of lots 6, 7 and. 8. A development plan for the parkland shall be reviewed and approved by the Kallspefl Parks and Recreation Director that provides recreational amenities including but not lirm'ted 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. A homeowners association shall be created for the on -going maintenance of the park. Kal's el.l Subdivision Regulations, Section 3.19 and `indin s of Fast Section D . . That a. minimum 20-foot buffer strip shall be established between Three Mile Drive and lots 20 and 23 of Diamond Ridge Estates as well as the fronta.ge of the tract e-twee . lets 20 and 23 labeled "Not a part" on the preliminary plat. The 20- loot buffer strip s ,a . include a paved bike and pedestrian. trail, 1. o-feet wide and comply with AASHTo standards for bike and pedestrian paths, and integrated into existing bike and pedestrian paths along Three Mile n'Ve. The 20-foot buffer strip shall also include buffering in the form of terming and landscaping. These improvements ements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department an Montana Department of Transportation. . The developer shall provide evidence that lots 19 and 20 have been included in the road maintenance agreement for Wyndover Hill Drive. . The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision e lati.ons, Section 3.20). 0 a.. eater mans designed to provide minimum fire flows shall e installed per City specifications at approved locations. Minimum fire flows shall be in accordance with. Uniform Fire Code 1 7 Appendix ix i i- , Fire hydrants shall e provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department arty er t access shall e provided in accordance with Uniform Fire Code (1997) Article 9. . The required boulevard along Creeksi e Court shall be a rm'r m rn of 5 feet wide and a. payment in lieu of landscaping provided to the Department of Parks and Recreation for the installation of street trees and seeding of the boulevard. (Findings of Fact Section ) 10. The em sti . outbuildings shown on the relimina.ry plat shall be removed or located on the same lot as the existing house. (Kalispell Zoning ordinance, Section 27.22.020(3)(g) The following note shall e placed on the final. plat: "`Property owners are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include ateri and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is prohibited. unless approved by the Kalispell Department of Parks and Recreation." (Findm'gs of Fact Section. D) 12. The following rote 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 s iivision. 13. A letter shall be obtained from the Montana Department of Transportation and stating that the proposed accesses onto Three Mile Dave (Farm to Market Road) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed in order to serve the lots within. Diamond Ridge Estates. (MDOT) 14. The roads within the subdivision shank be named and signed in accordance with the policies of the Kahspell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kahs ell Fire Department. (Kalispell Subdivision ivisio Regulations, Section 3.09). 5. 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 mw'l 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 be reviewed by the Public Works Department. (Kalispell Subdivision Regulations, Section 3.22). 16. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining ro erties. (Kalispell Subdivision Regulations Section 3. . 7, All utilities shall e installed underground. (Kalispell Subdivision.. Regulations, Section 3.17). . That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 19. All areas disturbed during development of the subdivision shy be re -vegetated with a geed -free mix immediately after development. 20. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispefl Subdivision Regulations, Section 2.04). City of Kalispell Planning Department 17 - 2TO Street East. Sri 2 Kahs , Mo .tea 59901 Telephone: -5 .fax: (406) 751-1858 MAJOR SUBSN PRELEMNARY PLAT APPLICATION FEE SCHEDULE: FEE ATTACHES 3 5.00 �.�,..— Major Subdivision (6 or more lots) $750 $100/lot Mobile Home Parks & campgrounds or more spaces) $750 + $100/space Amended Prelim ary Plat Amendment to Conditions Only $350 base fee Re -configured Proposed Lots Base fee + $40/lot Add Additional Lots or Sublots Base fee $100/lot Subdivision variance $ 10 o (per variance) Commercial and Industrial Subdivision Add $200 to base pre ina y plat fee S� TES O `�: Diamond Rid Estates OWNER(S) OF RECORD: Name ARen and ' Ri c ilha and Cad Riand Poi Webster Phone o 52 - 90 10 Mai r g Address 394 3 Mile Drive City Kai --- State — MT �. 1P.59901 TECHNICAL/PROFESSIONAL PARTICIPANTS Surveyor/DesigaerjEagiaeer, etc): Name & Address Sands Sine Inc 2 ViH c Loop, Kalispell,. MT 59901 Name & Address CarverKaginee*u5 3 Avenue E KahsRefl Name & Address LEGAL DESC ON of PROPERTY: Property Address 394 and 386 3 M c Drive Kahsi3efl Assessor's Tract Nos .3ABB,. 3Ac, 3AD, 3A , and. 3ACA .. Lot No(s) NW 1 NW 14 Section .................. Township 2 8 Range 22. GENERAL DESCRIPTION SUBDMSIo * R Number of Lots or Rental Spaces 23 Total Acreage in Subdivision 2.23 I Total Acreage M Lots 10.234 Mom . Size of Lots or Spaces 0.301 Total Acreage in Streets or Roads- Maximum Size of Lots or Spaces 0.631 'dotal Acre n Parks, Open Spaces and r Common Areas None R rop oss e dd PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOSS/SPACES: Sffigle Family 23 lots Townhouse � _ _ Mobile . Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Cnmim'Multi-Family Pled Unit Development, Other APPLICA13LE ZONING DESIGNATION & DISTRICT Propose Kos ell R-2 ESTIMATE off` MAST VALUE BEFORE M VEMENTS 2 , r acre (Undeveloped land value IMPROVEMENTS TO BE PROVIDED: Reads: Gravel ' Curb XGutter 2� Si walk�Alleys Other Water System: Individual Multiple User Neighborhood Public XOther Sewer System: Individual Multiple User Neighborhood Public XOther Other Utilities: Cable TV Telephone X Fleck Gas their Solid Wade: Home Pie. Central Storage Contract Hauler ­X Ovmer Haul Mail DeUvery: Central X —Individual School District: `im Protection: Hydrants XTanker Recharge � Fire District: Drainage System: -site epSjReered drainMe system PROPOSED EROSION/ SEDIMENTATION CONTROL: -As e e er DEQ and the C tv of Kah� ARM°CES* ARE ANY VARMNCES REQUESTED No ve s If yes, please complete the information below: SECTION OF REGULATIONS CREATING HARDSHIP: EXPLAIN THE HARDSHIP THAT WOULD CREATED WITH STRICT COMPLIANCE WITH REGULATIONS PRoposEm ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: City of Kalispell Publi*c Works Department Post Office Box 1997.. Kalispell., Montana 5990-) o: Sears Conrad. From: Mark Crowley, Construction Manager F Date: May 9, 200 e: Prehminary Plat for Diamond Ridge Estates, on wee Mile Drive Dear Sear; Thank you for the opportunity to review the plans for the above -mentioned subdivision plat. While this parcel is a long parcel, it does not appear to be narrow enough to justify four access pots that do not correct to each ogler. This Department recommends that interconnectivity be provided between the three street access points. This wiff facihtate better sem*ce of garbage collection, street plowing and improved response times to emergencies. encies. Alternatives that allow the existing home on 'Three Mile Drive access from the interior of the subdivision will need to be explored (as was done in Cottonwood Park Sub and Aspen Creek Sub). It is not compliant with the Growth Policy to allow residential access to arterials (Policy 6, Transportation). The two roads coming off of Thane Mile Drive will need to be dedicated to the City of Kalispell and upgraded to City Standards Further, the requested variance may be unnecessary. Kal s eh's Design and Construction Standards allow for road grades up to %(not % as state. M the application). t is the Goal of the Kalispell Growth Pohcy 2020 (chapter 11. Streets and oars, Goal 3). (to: "s the City annexes county roams provision should be made for upgrading to city standards." Wherefore, the developer should upgrade Wyn over Hill Drive to city standards. t is the Policy of the KafispeU Groff Policy 2020 to. - avoid "hffltop development" to m-ingate erosion losses (Pollan 12, .natural Environment), "Encourage the design of urban streets to provide for convenient circulation, safe pedestrian access and excess road width.. ` (Policy 6, UrbanDesign) The proposed cul-de-sacs de-sa do not provide this circulation and access. As has been the eo e 's policy of requiring bike and pedestrian paths along Three Mile Drive, we offer the foRowing suggested language: "'fhe applicant shaH develop a bike and pedestrian path along the entire frontage of Three Mile Drive (including the existing home). Said path shag be 10 feet wide and comply with AASHTO Standards for bike and pedestrian Paths. AR excess stormwater must be retained on site. The developer must submit an engineered drainage plan to this office for review prior to construction. Upon completion, an engineer rust submit to this office a eerfifi anon that the construction follows the approved plans. A recommended condition might be as folio s: "The developer must submit to the K l.spef. Pubhe Works Department a engmeered 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 that the improvements en.ts have been built as designed and approved. " Again, thank you for the opportunity to comment. Feel free to contact this office if vw<t�W be of further assistance. gNUNITED STATES P 05 TA L SERVICE Date:5-22-2006 E 17:�, E E M "Y z 3 2na6 To: City of Kalispell Planning Department 2nd Street E Ste 211 KALISP LL PLANNING DEPARTMENT Kalispell, MT 59901 RE: Diamond Ridge Estates Comments to Kalispell, City,Plan.nin Board: Prior to filing the f real plat a common mail- delivery site shall be provided with the design and location to be approved by the local postmaster of the U.S. Postal Service. Mail box turnout will be located as near the entrance to the subdivision as possible and will be a minimum of 20 feet long, plus approach and exit. The turnout will be at least ten feet wide so that the mail carrier's or customer's vehicle will be completely off the roadway. This ten foot width will be a fiat level surface. The turnout, combined with the developed road surface, will provide an area wide enough for the rail carrier to completely turn around without having to back t least 70 feet total width). A site plan delivery agreement must be on file with the local post office. Cluster Box Units CU and cement pad are at the expense of the developer. The cement pad for the CBUs is to conform to USPS standards. If you need additional information regarding the above comments please contact Ssil Carter at -0--60. ADocu ents and n sJHSB \My Dee ments\G rowth ManagementlGrowth na e ent\Proje ts\Gom erdl lot in Center Mail parking lot\Comments to Kalispell Planning,doc SITE DEVELOPMENT REVIEW COMMITTEE SUNiLMARY Thursday, May 11, 200 Building Department Conference Room ATTENDING: Frank Castles, Asst. City Engineer Jeff Clawson, Pans Examiner Brent Christopherson, Asst. Fire Chief Sean Conrad, City Planner Mark Crowley, Construction Manager Craig Kerzan* Building Official P. J. Sorensen, Zoning Administrator, Chair Susie Tumer, Assoc. Civil Engineer Jennifer Young, Recreation on Su ervlsor Kathy t uhlin. Recording Secretary Guests Er'e Mulcahy, Sands Surveying; Kevin Malloy, Carver Engineen'ng; Rod Schenck. Carver Eg nee ng; and Ere Berry., Eastside Bfick. Hear the Public; Nome. Performance Bond Reminders* Public Works is going ` to allow m Birk to extend his Letter of Credit to 18 months for Muskrat Slough and Three Mile. Regarding Westvew Business Center, Public Works .has seat tem letters regarding the necessary significant repairs they will need to make before their Letter of Credit expires in .duly. OLD BUSINESS: 'down — No responses to anyone regarding letters that were sent from each department, Public Works did hear from their engineer. who was asking questions about homer to do a Pere test. Courthouse East — The Development Agreement has been signed. Their estimate for the bond is $45,000, but they obtained a Letter of Credit for $100,000. They made some changes in the location of some of the live/work spaces. one parking space was removed. Minor charges to the boiler house building, the bfidge, and infrastructure in the public right of way. harks and Public Works need are engineer or them- contractor to sign off or the estimates. Glacier dank — The approval from. MDOT has been received with the condition that they work out their street signage with Public works. They will he extending the Streetsea e theme through the right of way. They still need to put in the parking lot next to Romano s Restaurant. but the building has not been tom down yet. They will reed to coordinate the kiosk with Fred Zavod .y in Public Works. They will need to put in landsca inn in front of the doorways on troth sides of the street to discourage crossing the street in the middle of the block. Fire has requested more information regarding the shared sprinkler system (the old bank shares with NWMHR). This is approved through Site Review. NEW SNESS. VFW — They went through Architectural Review this week. They will need a Plumbing Plan, Lighting Plan, etc. The System Development charge cannot be determined until the Plumbing Plan is submitted. Parking is difficult to determine downtown. Their proposed parking was discussed, They will need to s nkIer s rime the building. Parks will look at the street tree situation in that area, They will reed to be notified of how to put their address on the front of the building at the front entrance. They will need to line up their handicapped ramp with the sidewalks. Kirt— Brian Wiley is the builder — We have asked for a Site Plan. They need an " main. They need a two -moray hydrant with a "' barrel. We will reed a Lighting Plan. This needs to go through Architectural Review. Were are they putting in the new hydrant. We will need Mike Baker or Dan Johns to attend our next meeting to discuss this project. Cre i is School of Cosm Colo — Their parking issues were discussed. Drainage and landscaping is okay. Woodland Clinic — This project went through architectural review on Tuesday. They will reed to formalize their existing parking. They are adding 1,065 s. ft.. They will need to apply for an Administrative CUP expansion of a non -conforming orming use in an R - zone). The questionof having theme. change their address to 6 Ih Avenue East because o the front entrance being c .anued was discussed. ae o a Engineering is the engineer o Z:pthis project. They will need to sprinkler/sprinkle the building because the fire flow isn' t adequate. If they loop the system to get the fire flows up, they may not have to s rinmer. There may be storm drainage issues. Seventh Dav Adventist — No Drainage Flan, no Landscaping Flan, no Lighting Plan. A i �000 s . t. addition. They have obtained their CUP. They will also need at least a exit aisle in front of the door. TANNING OFFICE ITEMS: Diamond Ridge Subdivision — Three Mile thrive next to Bowser Creek Estates — seeking a variance to thecul-de-sac to be extended south. from 60 0 * to 8 ' .They will seek annexation and zoning of R- . Accesses and roads were discussed. Each tot must have frontage. The pater main will reed to be extended. ded. Zoning requires the access to come off the street. This is are milt subdivision. The grade is presemtIv I i ° * but Public Works and Fire will require them to re -grade to %. This is presently scheduled to go to the Planning Board on the t t . They have cash in lieu of park land. ..utilities to be extended out to the far property tire. BY; SANDS SURVEYING, h. 2 Village t.oult Kalispell, MT 599I11 (400) 755-6481 JOB NO, 204M (204902 dog) DA'l'L; April 4, 2006 iF'Qll,A3►i`E'4TUM Allen Riche N(YTI Sc CONTOUR INTERVAL = V Preliminary Plat ofi Diamond ridge Estates Located in the N'V'L' 114NW 1/4 of Section 12, T.28N., R.22W., P.M,M., Flathead County, Montana I,CGE ND. lSil 11t4th Corner (as holed) Found 412" Iielsar & Cap (1975-S) or as noted Total Area: 12.234 Ae. 23 IMs (Gross): 10.394 Ac. Roads: 1.840 Ac. Nate_ E'er it k.9 ius pa.T-es add 123 efthe Zwd rigl;t.a1-wmy I& the arms rcrepge Ork'4Li hot(123 of t.040 *VTtA n OLOW Re`) ?iiAC T OF IAND, SITUATED, ININi: AND BEING IEV'I'11F. NORTMVES7' iARTlE1l OF THE Nt: WFIIWES'T QUAlt'TER OF SECt JO N l2,11MNS11I1' II T11, RANGE 22'WEST, P.M.,i41., Rt.ri'l`l1EAt]COUN'1"i, MONTANA, AND GINNING at the istauthwest corner of the Nortimest ¢raarter sal'the Nortlnrest urger of Section 12, 't'o"Itship 28 North, Mange 22 West, V.&K,M., Flathead unty, Montana whieh is a found Iron pica;'Thence along the west fauundacy ofsiaid V1j4NlW114 N04`42'16"E 1248.78 feet to a found iron pin on lice scaulherly HIV of ree Ntile Drive;1hencc alonit sold RfW N89"58'44" Y 150.03 feel to a found Iron r; Vience leaving said ltl4'V QA)4°42'27'^Vi' 177.60 ft el; '!'hence It ST 150.g2 1"t; ence N0.4°42`37"L 177.65 feet to said southerly RAV;'I'henee along said R/W N89 ° 44" lr ISO-03 fccii `I'henee leavingsuid 1t/4V SO4 °42'48'V 1246.27 feet 1sa a found n pigs; Thence S619°3933"►V 459.11 feet Its [he poLsl of laegiuning and containing 234 ACRES; subject to and together with all appurlenant exieusenGs of record. Vicinity Map: idol to scale City of Kalispell Planning Department 17 �' S re t East, Suite 211, Kalispell, Montana 59901 MEMORANDUM O: Kalispell City Staff Other Interested Parties Telephone:751-1850 'a: '7751-1858 FROM: Sears Conrad, Senior Planner RE: May I 1th Site ReView Committee etin DATE* May 3, 2006 The proposed preliminary plat request and zone change are scheduled to go before the XalispeH City Planning Board on June 1 th . A request by Auer and Via Ribe, William and Cindy R.ebe and Polly Webster for iinitial zoning d subdivision aromrate 2. acres located atarre annexation, 386 and 394 ThreeMile Drive, KalispeH. The properties are currently zoned County R- (ore acre minimum lot size) . The owners have petitioned to annex into the City of Kalispell and have requested the City R-2 (9,600 square foot �i um lot s as well as proposing a 22 lot residential subdivision. The lots within the subdivision would range from. 15,000 square feet to 27,600 square feet. The owners are; also requesting a variance to thecul-de-sac limits. The application .otes that In order to serve proposed lots -12 a cul-de-sac would be extended from the Bowser Creek development, located lnr. ediate y west, to this site. The Kalispell Subdivision Regulations limit cul-de-sac sac lengths to a maximum of boo feet. The developer is requestmi g a. cul-de-sac of approximately feet to serve proposed lots 7-12. The properties included � the annexation, 'n tia zoning and. subdivision parr be serlbed as Assessors Tracts CAB A Y 3A , 3AB, and. 3ACA located within Section 12, Township 28 North, Range 2 West. . request by Village Plaza., Inc. to change the , oni on . acres located on the north and east sides of Village Loop ,give from RA-3 (Residential Apartment office) to -1 (Neighborhood ,duffer District). The land within the zone change can be d.esen'bed as Tract 5 located within Section. 31, , Township 29 North, Range 21 West. If you need addit .ona . information regarding the above proposals please call tee. Any comments on the above projects should be in to the Planning Department by June 1, 2006. The Site Review Committee meeting is held at 10:00 a.m. on Thursdays at the Building Department ent located. at 2 -- 3rd Avenue, East In Kalispell. Thank you for tang the time to review axed comment. : w / attachments: Brent Christopherson, Fire Dept. Mike Baker, er, Parks and ,sec James Pack, City Manager P.J. Sorensen, Zoning Administrator Roger Krauss, Pollee Dirt Frank Castles, City Eimer Ha., Public Works Director Mark Crone, Construction Manager Sandy Wheeler, Community Redevelopment Suss mover, Cominunity Development Director Craig Kean, Chief Building Inspector Chaxles Harball, Cltv Attorney MD, Steve Herzog Supenntendent, Kalispell School District No, USS, Susie Comer Land Planning, MD` '' - Helena coW/o attachments-, Applicants CERTIFICATION APPLICANT. men Riee, E Diamond Ridge Estates FILE N: KA-6- KPP--3 the undersigned certify that I did this date mail via CERTIFIED Mail a copy of the attached notice to the following 11"Lst of landownerscini nx the relines of the property that s requesting annexation and preliminary plat. Date: Lot/Tracts* 3AB, 3AC, 3AD, 3A 3ACA Property Owner/ Mail Address: men & Virginia Riee William & Cindy Riee Polly Webster 394 Three Mile Drive Kalispell, MT 59901 Eric Mulcahy Sands Surveying 2 Vfage Loop Kalispell, MT 59901 AND ATTACHED LIST pity of Kalispell Planning Department 1 - Street Easy suite 2. 11, KalispelL Montana 9901 Telephone: (406) 751-1850 Fax: o6) 751-1858 You are being seat this notice because you are a property owner within 150 feet of the proposed project noted below and wiH be most directly affected by its development. You have are opportunity to present your comments and concerns at the meeting note 'below. You may contact this office for additional in o=ation. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMSSION June 13, 2006 The regular meeting of the Ka .s eR City Planning Board and Zoning Commission is scheduled for Tuesday, June 13, 2006 beginning a M in the Kalispefl City Council Chambers, Kalispell City mall, 312 First avenue East, Kalispell. T planning board will hoick a public hearing and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take final action... .. A request by AHen and Virg.a Rie e, William and Cindy Rie e and Polly Webster for annexation, initial zoning and subdivision of apprwdmately 12.8 acres located at 386 and 394 Three Mile Drive, .ve, Kalispell, The properties are currently zoned County R- 1 one acre minimum lot size). The owners have petitioned to sex into the City of Kalispell and haverequested the City R-2 (9,600 square foot 'n um lot size) as weli as proposing a 23 lot residential subdivision.. The lots w.thm the subdivision would range from 15,000 square feet to 27,600 square feet. The properties included in the annexation, L'M*tial on and subdivision can be described as Assessors "bracts 3.B , 3 C, 3A , 3,B, and 3ACA located wiLt in Section 12, Township 28 North, range 22 Nest. 2. A request by Wayne Tuner to amend. Empire Estates Phase 5 and add 7 lots to the approved ed. reHminar r plat. Phase 5 includes 12.3 acres with reliminar r plant approval for 64 lots. Due to a charge in access to Phase 3 and a redesign of the subdivision roads and lots the owner was left with additional land outside of the 64 preliminary approved lots. It is on this additional land the owner- is requesting to add 7 lots. The property is zoned r- Two Family r Residential). The property can be described. as Assessorfs Tract 3 located within the SW 'A of Section 1, Township 28 North, Range 2 West. 3. A request by Earl Johnson to change the zoning on a 9,400 square root lot located on the west side of Men -than Road. from R- - (Two Family Residential) to r- resi lenn"a. 'Professional Office). The property is developed with a single family -resi ence at 130 Meri lan Road and can be described as Lot 1 of BlockL Meridian Addition located within Section.. 13, Township 28 North, range 2 hest. Blue on Ph 2A March 16,2006 Page Jr. A request by the city of Kalispell to amend the Kalispeil Groff Policy 2020 by expanding the ou.da. es of &.e Grout. Policy northward using the stiEwater River as the western boundary, Church and Biro, Drives as the northern r eundary and generally following U.S. Highway 2, south to Rose Crossing* The Groff Policy .cy amendment ent s intended to give broad policy direction to agrowth in this a s should propel owners wish to annex- to the city. The policy anticipates the extarrision o, ur a . services inctuding sewer and water into this area over time and s designed to eve guidance to this associated groom. request by the city of XaHspeH to amend Section .2 . 1 of the Ka. sp,�Hl Zoning rya ee specfficaHy to allow for re red Parking within the S e 'a. Flan Maur to a ce District No. 2 (Downtown Kalispell) to be met by a cash-)_n- lieu of parking pavment. In addition, it is proposed that Special Parking Maintenance DI -strict No. 2 bouxidary(Appendix B, Figure 2) be e anded to include the Ka s el. Ceiater Mai.. Founded by Center Street, Fifth Avenue West, the N RR Tracks s and North Main Street. Documents ments erta -r= to the agenda items are on file for public ms eetion at the Kalispell Planning Department, 17 Second Street East, Site 211, Kalispell, MT 5990 1, and axe available for public review during regular office hours. Interested persons are encouraged to attend the .earm* and make their views and on er s known to the Board. Written corn er is may e submitted to the Kahspell r a nnm" Department at the above address, prior to the date of the hearm' g, or you may call us at 75 -1 5 , or e-rnail us at a.nn jng a. l- corms for a.dditiona. Corr ation. Allen & Virginia Rie e Erie Mulcahy Laurie � Morrison William & Cm�. S� Surveying �� 96 Northem Lights Blvd 394 Three Mile ra re 2 Village Loop Kalispell, MT 59901 Kalse., MT 59901 Kahse., MT 59901 Peter & Sandra Sauer Pony Webster ALlison Droffinger P.O. Box 5 Rising Sun Circle 169 Brook Drive Kalispell, MT 59904 Kalispell, MT 59901 KaHspell, MT 59901 Bud &. Amy King Charles & Anna BryerSteven &, Karen Breck KinConstruction r*ve 33 Brook Drive Maple y Janice & Herbert Stout Judie Soteros Barbara Price P.O. Box 595 270 Empire Loop 1340 4th Avenue East Kalispell, MT 59903 KahsPell, MT 59901 Kalispell, MT 59901 Ron Terry Constr cdon Louise Swisher sari & Ma *na Osnovikov Meridian Court P.O. Box 9163 1039 Foster City Blvd, Kakis e 1, MT 59901 Kalispell, MT 5-39904 Foster City, CA 94404 Darya & Brendalee Hermanson Ryan Lawlor Jarvin Development, LLC 279 Empire Loop P.O. Bow. 2238 P.O. Box 5524 Ka .is eR, MT 59901 Kalispell, MT 59903 Ka .is el , MT 59903 Monty Re di , Cherie Uskosld arine Byrd Richard & Kiistina R .onavaara 108 Empire Loy 96 Vista Loop K�.s �1 M' dais ., MT 1 a. e Michael & Dorothy Manion 'trustees 7 Brook rve Kalispell, MT 59901 Gordon & Lana Moberley 1 West View r*ve Kalispell, MT 59901 William. & Cindy Rie e 386 Three Mile Drive Kalispell, err 59901 James & Teri Flo=an 5 Brook Drive Kalispell, MT 59901 Powell & Gertr . c Clinton P.O. Box 7063 Kalispell Bowser Creek Asso. 121 Spear Street, #2 o Sari. Francisco, CA 94 1 o5 Jodi Gorcer John Lo ghey, III West View Drive Kasen, MT 59901 Davy Hoag Kenneth Hannah, Jr. Angela Leduc 5 West View Drive 91 West View Dave 99 west View rave Kalispell, TMT 59901 Ka s eil, MT 59901 Kalispell, MT 59901 Helen Kaeding *ette xCarl mete &- Susany Martina M.. Merin & Annabel Messing 77 Konley Drive Kahs eH, MT 59901 Robert & Joan Gates, Jr. 136 West View Drive Kalise, MT 59901 88 West View Drive Uwe & Heidi Schaefer 01 o Reese Circle r ne ale, CA 93907 Jeffrey Laverdiere 268 Empire Loop Kahse, MT 51 Joseph Bruce 27 Parkview rare Kalise, MT 59901 Gavin . & Kathy Corr* a. 121 West Vier Drive Roger & Kathleen Rich P.O, Box 7084 Kalispell, MT 59904 Keith Beck Sorg Kan 82 West view Drive Kahspell, MT 59901 Dana Chr'stesen 64 West View n*ve Kalispell, MT 59901 Tammy Mallette 520 o re Lake Road Kalispell, MT 50 Delores Stroh, Comp. spec. R, Liquor Licensing P.O. Box 1712 Helena, MT 59604-1712 Donald & Roee Hines P.O. Box 2721 Kalise, MT 503 Russell & Carol Winters 20 West Vier Drive Kalis efl, MT 59901 Cheryl Agan 76 West Vier Drive Kalispell, MT 59901 John 8& Nancy Faure 5 Brook Dave Kalispell, MT 59901 Francis & Monte Cre Bennett 42720 S Morton Road Kennewick, WA 99337 o. 10641 . A'. request b � a rl Interested. persons. -are encouraged to atte d- Johnson lTI PUBLIC the hearing and make HEARING f onin . n .} �` located K#�i, I P LL 1'Y�''" square-,rcot �ot loca {their iwand: � n- Lti rns. ...knownto the. the west #side PLANNING '-A aD Meridian At 1 er d an f r i - 'o rd.. Wdt . com--. ments.' mad be. submit'-. mi1v es#den-� COMMISSION wa to t the Kalispell Plan-�- 1.)o Junn 1 , 0Q e identia Professio3 F3-3 ning.. Department at- the above. address; prior- to - The regular meeting f nal Office). The property �sdevelopedwith ".-� hearing-, the Kalispell City Plansin- le- family residence at ry Board and Zoning or- y0d4nay call, at - -. '� : e� C.or i ion is s hed- an be 30 MeridianRoad bed s Lot iL_ . p1anning4ka STATE M NTANA Wed for Tuesday. June 1 3, oo beginningat f Block 1, Meridian jispell..� :16t: adds o' hai Tto() PM �� Kalispell Addition located within jt Council Chambers. Section : . scan -Co r d.,� r'-: FLATHEAD � �TY or h Range K lisp €i City Hall. 312Est. T o s:R:''Je .`..:°-:: First Avenue East. a- lisp il. The planning 4. A request b the lanning...D46d r:.. :. IDAVIT OF PUBLICATION board will hold a publict� �iEtr.ox ing Je4''Y'n[reWr 4F ry1r in' and rft+}Y1�take �y7 }i{astic p } /•}�♦ r end I t • l the It jmmy a l l y � 1 e l l comments V11121 Lori t n the follow- Growtlj policy24r i�J CHRIS S SS BEING Y i aena items. The expanding the born. �- ar 1 '. - ries of the Growth Poito� ./.�ULDHE V W RN, DEPOSES � �D SAYS: T.� .T SHE S THE m endaticn to he i s- northward using li• pefl Cry Council who r usi the LEGAL CLERK F THE DAILY INTER A A will take , �n i action. western boundary, DULY NEWS DER OF GENERAL CRC ATION,, Church and BirchDrives . e e l b Allen as the northern boon- _ ATEAND�A SH IN THE CITY OF aVirginial e ex �i- ary and generally fol- liam and Cindy plebe lowing U.S. Highway 2, . KALISPELL, IN THE C U-NTY OF FLATHEAD, and Polly Webster for south to Rose Crossing.STATE annexation, initial zon- The Growth Policy OF ��T��� ..� THAT � �. 0641 , into and subdivision of amendment is inlendea- pproxi ately 12.8 to give broad policy di - acres located at 386 rection to growth to this LEGAL ADVERSENT WAS c not 394 Three. Mile area should property Drive. Kalispell_ The owners wish to annex to PRINTED AND PUBLISHED IN THE REGULAR AND properties are o�.irrenty the o�ty. The policy � zoned County -1 done ipat the ext ti � ENTIRE ISSUE SAID PAPER, A.i IN ��� sion acre mlinilmum lot size). ofurban services inctd- The owners have peti- in ����� COPY T�� THE DATES OF sewer and water into tinned to annex into the this area over time am MAY 2006 City of Kalispell and is des 'rgr� d to give i�id- e �euested the sty � i~tce to this associated �'square food minimum �'oY�t�'l. lot size) as AND THE RATE CHARGED FOR THE ABOVE il as proposing � . A request by the residential subdivi- 'STING DOES NOT EXCEED THE MINIMUMlot fity of Kalispell to sion . The lots within the amend e ct i o n would range GOING RATE CHARGED TO ANY OTHER subdivision . .(3 0 11 of the Ka - from 15,000 square feet lispell Zoning Ordinance ADVERTISER FOR THE SAMEPUBLICATION, to 27.600 square feet. specifically o allow for The properties included rec ulred parking thin SET" IN THE SAMESIZE TYPE A� PUBLISHED AIND in e annexation, sub initial the peoiat Parking ��� � bd��ll�rl THE SAME NU7MER F INSERTIONS. can be described as s- maintenance District e s c rs Tracts AB B, N. 2 (Downtown Kai i- A. 3AD, 3AB, and pelf) to be met by a cash -in -lieu of parking A A located within e t; r� Township payment. in addition, it is proposed that Speii _ North, Range e ParkingMartenai West. Subscribed and sworn to ` District No. 2 boundary yn{�yi , Figure2 / � i z h� f � M f Y.+ ty. (Appendix Before m this MAY 30, 2006 x �y �y i.M request W irk t Y Turner to amend Empire be expanded t include the K fispell 'renter Hail . a w t } Estates Phase and i�4' j;�` y/� }�y� yy�� l�.,j' y�4r �,..{{ {E�� Center �+ s.+ 7 l Y 4 to the e *.w iJ � � � f 1 Y V 5.i hI addlots L Street, Fifth Agee proved preliminary plat, �: seincludes 12.E West, the l Tracks and North Main acres with preliminary ' r et. - plat approval for lots Dui t a change in a - Documents Pertaining ces to Phase 5 and ao the agenda items are ed t n 4l ie s bd ri- ors file for public insoet,-Montana Notary slon reacts and lots the tion at the Kalispeit Residina in Kalispell 1wilef - as left with ad- Planning Department, :.��ti ­ a -arid outside o.f 17 Second Street East, a Mir Co=ission expires1 .lunar a0- Suite 211, Kalispell. Pay= _ � :-,-, . i s this %a.,,qqo1, and are .-1v-,-: - '_�: land the own- ble for public .fir �� t ueastinto add i rir Y €i;r' �•:w.- Th Proper y 's hours, w . r a (Two Family _ he pro - �"�t,_:dntlai). The llzri ' can be des �`3 ci +, ri L ; ti wrnted '-' 4 r+} !i t O N * .- I-