5. Resolution 5126 - Preliminary Plat Amendment - Empire Estates Phase 5City of Kalispell
Planning Department
7 - "d Street East, Suite A2I LKalispell, Montana 599 .
Telephone: (406) 751-1850
.fax: (406) 751
We te: kafis el p an in;.com
REPO. TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
James H. Patrick, City Manager
SUBJECT, Prelimma.ry Plat retest for Amended Plat of Empire Estates,
Phase 5
MEETINGDATE: my 3, 2006
BACKGROUND: The Kalispell City Planning Board. reset on June 13, 2006 and held a
p bhe ,ear g to consider a request by Wayne Turner to amend the approved
pre l-mina.ry plat of Empire Estates Phase 5 and create 7 additional lots.
The property lies in the northeast comer of the Empire Estates Subdivision. The
amended area. includes Phase 5 of the preliminary plat for Empire Estates located. on
the snuth side of Parkrld Dave, approximately 14 m le east of the intersection of
Parkridge L ri e and Stillwater Road. Phase 5 is a portion of Assessor's Tract 3,
located in the SW 1/4 of Section 1, Township 28 North, Range 22 West, P.M.M. ,
Flathead County, Montana.
Sean Conrad of the Kalispell Plannm'g Department, presented staff report PP- -
and recommended ded the Planning Board consider recommending approval of the
preliminary plat subject to 20 conditions.
t the public hearing Hubert Turner spoke M favor of the subdivision and raised two
issues discussed in the staff report, the proposed size of the park area and location of
the proposed bike path connection. Mr. Turner felt that the recommended park size of
16,000 square feet was too much and suggested to the board that the park size be
reduced to the minimum required. In doing so he stated that $10,000 would be
dedicated to develop the park so that it would be established. Mr. Turner also felt the
*ke path connection from the s x di isi r to the future highwayby-pass should be
located north of where the staff report was recommending it be placed and that the
path be constructed out of asphalt instead of concrete.
After the public hearing the board discussed the parkland. dedication requirement and
bike path location and construction. The beard recommended keeping the
requirement for a 16,000 square foot park area. However, the board recommended
modifying Condition to read as follows, A bike pedestrian path. easement, 2 -fect
wide, shall be shown on the final plat. The bike/pedestrian path shall be constructed
out of concrete and be a minimum width of 10 feet,"This amendment passed on
vote.
The motion to recommend approval f the amended re urinary plat to the Kahs eU
City Council subject to the 17 conditions listed in the staff report in additiont
amended Condition 7 passe . unanimously.
RWNMMND' motion to approve the prehminary plat with the 2
conditions as amended by the Planning Board would be in order.
FISCAL EFFECTS: Positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully sub tech,
Sea. Conrad �ames H. 'e
Senior Planner City Manager
Report compiled: June 23, 2006
Attachments: Transmittal letter
Exhibit (conditions)
Staff report #KPP-06-4 and application materials
Minutes 13 planning boar'd meeting
e: Theresa White, Kalispell City Clerk
�S0LU . 10N No. 5126
A RESOLUTION ,APPROVING CERTAIN REVISIONS TO THE PRELIMINARY PLAT
OF EMPIRE ESTATES PHASE 5, MORE PARTICULARLY DESCRIBED AS A PORTION
OF ASSESSOR'S TRACT 3 of EMPIRE ESTATES LOCATED IN THE SOUTHWEST 1
OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, *M.M., FLATHEAD
COUNTY, MONTANA.
WHEREAS, the City Council of the City of Kalispell passed Resolution 4806 on July 7, 2003,
approving the preliminary plat for Empire Estates Subdivision, subject to certain
conditions, and
WHEREAS the City Council of the City of Kalispell passed Resolution 5010 on June 2 , 005,
which amended the preliminary plat for Empire Estates Phases 4-6 by converting 21
single family lots to 34 two -unit townhouse lots and
WHEREAS, the Developer now desires to make certain revisions to the preliminary plat of Empire
Estates Phase 5. namely, by creating seven additional lots, and
WHEREAS, these revisions are considered to he major revisions to the preliminary plat and
therefore necessitated the project going before the Kalispell City Planning Board for
a third time, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held. a public hearing on.
June 13, 20061 on the proposal and. reviewed Subdivision Report #KPP-06-4 issued
y the Kalispell Planning Office, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the amendment of the Preliminary Plat of Empire Estates Phase 5 subject
to certain amended conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 3,
20 , reviewed the Kalispell Planning Office Report #KPH'- - , reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the evidence, that the amendment to the Preliminary Plat is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KAISPELL, MONTANA AS FOLLOWS:
SECTION I, That the Findings of Fact contained in Kalispell Planning Office Report
#KPP-06-4 are hereby adopted as the Findings of Fact of the City Council.
SECTION 11, That the application of Wayne E. Turner for amendment of the Preliminary
Flat of Empire Estates Subdivision, Phase 5, Kalispell, Flathead County,
Montana is hereby approved roved subject to the following amended conditions:
1.Development of the subdivision shall he platted in substantial compliance with the
preliminary plat as amended and approved which governs the location of lots and
roadways within the subdivision.
2. New infrastructure required to serve the subdivision shall he designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction and
Montana Public Works Standards; and shall he certified by are engineer licensed in the
State of Montana. All work shall he reviewed and approved by the Kalispell Public
Works Department pr'or to construction. This infrastructure shill include but not he
limited to streets, street lighting, street signa e, curb, gutter, boulevard and sidewalk and
shall be installed along all new streets within the subdivision. (Kalispell Design and
Construction. Standards)
The developer shall submit to the Kalispell Public works Department are engineered
drainage plan that meets the requirements of the current City standards for design and
construction. Prior to final plat, a certification shall he submitted to the Public Works
Department stating that the improvements have been built as designed and approved.
(Kalispell Design and Construction Standards)
4. 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
5. 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, Section3,09)
. A homeowner's park shall be shown in the area of lots 10, 11 and 12 in Block 14. The
park shall be a minimum size of 16,000 square feet. (Findings of Fact, Section D)
'. A bike/pedestrian path casement, 20-feet wide, shall he shown on the final plat
a. The bike/pedestrian path shall he constructed out of concrete and he a minimum
width of 10 feet.
. A homeowners association shall he created for the maintenance of the park and
bike/pedestrian path. (Findings of Fact, Section 1
. 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 deliverer
site. The rail delivery site shall be installed or bonded for prior to final plat. In
addition, the mail deliverer site and improvements shall also be included in the plans to be
reviewed by the Public Works Department. (Kalispell Subdivision. Regulations, Section
3.22).
l o. The following requirements shall be met per the Kalispell Fire Department: Kalispell
Subdivision ,regulations, Section 3.20).
a. eater mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Min'mum fire flows shall be in accordance with
Uniform. Fire Code 1 Appendix - .
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construetion.
c. .dire Department access shall be provided in accordance with UnIfonn Fire Code
(1997) ATtic.le 9.
l 1. The required boulevards for streets within the subdivision 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)
12. Street lighting shall be located within the subdivision and shall be shielded so that it does
not int-ude unnecessarily onto adjoining properties, (Kalispell Subdivision Regulations
Section3.09(L))
. All utilities shall be installed underground. (Kalispell Subdivision. Regulations, Section
117).
14, That a minimum oft vo,thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
15. A-11 areas disturbed during development of the subdivision shall be re --vegetated with a
weed -free mix immediately after development.
16. 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 noing of the grass within the boulevard.. Removal of grass or
trees within the boulevard is prohibited unless approved by the Kalispell Department of
Parks andRecreation." Findings of Fact Section D)
17. The preliminary plat approval shall be valid for a period of three gears from the date of
approval. (Kalispell Subdivision. Regulations, Section .o,
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 BY THE CITY COUNCEL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 3RD DAY OF JU Y, 2006.
Pamela B . Kennedy
Mayor
ATTEST:
:
Theresa White
City Clerk
June 29, 200
City Council [PVCE�VE
City of Kalispell
PO Box 1997
Kalispell, MT 59903 KALISPELL PLANNING DEPARTMENT
Re: Prelinu*nary Plat Request Empire Estates Phase 5 (revised)
Dear Council Members:
I receive. the revised Conditions of Approval as recommended by the planning board via
mail o June 2 , I am Ming to voice y concerns about one o those conditions.
Condition number six states the "A homeowner" s park shall be shown in the area o
lots I O� 11, and 12 Block 14. The park shall � � size o 1 ;000 s are eet.'
1P ' Compliance With this condition would require a significant redesign of Block 14 in its
entirety.
However, if the condition were amended to allow for the park to be placed the ici t
of lots 3, 4, and 5 of Block 1.5 this condition could be met with a tenor redesign of Block
15. 1 do not feel that moving the park to this location would greatly impact the utility or
recreational oppoftnnity that the park will provide. Also, ifthe park were relocated,
would be able to provide a larger par.. A park in Block 15 could be up to 20,000 square
feet. Fier,, a parrk located i. Block 15 may provide an opportunity for the residents o
Mead.owl and. Subdivision to create an access to the bike and pedestrian path that is to be
located along the proposed bypass.
1 truly feel that Block 15 the best location for the park i Phase 5. Your consideration o
this proposal is appreciated.
Sincerely,
19
Wayne Turner
City of Kalispell
Planning Department
7 - 2d Strut East Suite 211, Kalispell, Montana 59901
Telephone* 6) 5 -1 5
Fav (406) 751-1858
Webs. te: kallspellplanningcom
June 23, Zoo
James H. Patrick, City Manager
City of Kahs ell
P..Box 1
Kalispell, MT5 o3
Re: Preliminary Plat request for the Amended Plat of Empire Estates Phase 5
Dear Jim:
The Kalispell City lann g Board met on Jae 13, 2006 and held a public heard.g to
consider a. request by Wayne Turner to amend the approved preliminary plat of Empire
Estates Phase 5 and create 7 additional lots.
The property lies M the northeast comer of the Empire Estates Subdivision, The
amended area includes phase 5 of the preliminary plat for Empire Estates located on
the south side of Parkridge r* e, approxnnately 1/4 mile east of the intersection of
armed e Drive and Stillwater Road, Phase 5 is a portion. of Assessor's Tract 3,
located in the SW V4 of Section 1, Township 28 North, Range 22 West, P.M.M.,
Flathead County, Montana.
Sear. Conrad of the Kalispell Plar nin event, presented staff report K --
and recommended the Planrn*ng Board consider recommending approval of the
preliminary plat subject to 20 conditions.
t the pubhc hean*ng hearHubert Turner spoke in favor of the subdivision and raised two
issues discussed in the staff report, the proposed size of the park area and location of
the proposed bike path connection. Mr. Turner felt that the recommended park size of
16,000 square feet was too much and suggested to the board that the park size be
reduced to the mlr 'mum required. In doing so he stated that $10,000 would be
dedicated to develop the park so -that It would be established, Mr. Turner also felt the
hike path connection from the subdivision to the future highwayby-pass should be
located north of where the staff report was recommending it be placed and that the
path be constructed out of asphalt instead of concrete.
After the public hearing the board discussed the parkland dedication requirement and
bike path location and construction. The board recommended keeping the
requirement for a 16�000 square foot park area. However, the board recommended
modifying Condition 7 to read as follows, bike/pedestrian path. easement, 2 -feet
wide, shall be shown on the final plat. The bike/pedestrian path. shall be constructed
out of concrete and be a minimum width of 10 feet." This amendment dmer t passed on a
vote.
The motion to recommend approval of the amended r hrn ary plat to the KalispeR
City Council sube t t the 1 conditions listed n the staff report in addition t
amended Condition 7 passed unanimously.
Please schedule this matter for the July 3, 2006 regular Kalispell City Council
meeting. . You may contact this board or Sear. Conrad at the Kalispell Planning
Department f you have any questions regarding this matter.
Sincerely,
Kalispell el City Pla .rung Board
t$ �
Timothy Norton
President
Attachments: Exhibit ,
Staff report #KPP-06-4 and application mat x als
Minutes 6 3 lar.n g board meeting
e w/ Att-. Theresa White, Kalispell City Clerk
e w/o Att-. Wayne & Tumer
3300 Hvvy 2 West
Kalispell, MT 59901
(406) 257- . 2
EXH T A
AMENDED PLAT OF EWE ESTATES PHASE 5
CONDITIONS F APPROVAL
AS BY THE �
���' S ELCITY PLANNING BOARD
JUNE 132006
The Kalispell City Planm*ng Board recommends to the Kalispell City Council that the
rely mina y plat be approved sub j e ct to the following conditions:
Development of the subdivision shall be platted in substantial c mpha.r cc with
the preliminary plat as amended and approved which governs the location f
lots and roadways w.thm* the subdivision.
2. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of spell's Standards for Design and
Construction and Montana a. Public Woks Standards; and shall be certified by
an engineer licensed in the State of Montana. a. All work shall be reviewed and
approved by the Ka s ell Public Works Department pry r to construction. This
infrastructure shall include but not be limited to streets, street lighting, street
s g.a e, curb, gutter, boulevard and sidewalk and shall. e n talled al all
new streets within the subdivision. Kals ell Design and Construction
Standards)
3. The developer shall su rm*t 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
e submitted to the Public Works Department stating that the improvements
have been built as designed and approved. l a is el. Design armd Construction
Standards)
. A letter from the Kalispell Public Works Department ShaU be submitted stating
that all new infrastructure has been accepted by the City of Kalispell. (Kalispell
Design and Construction Standards)
The roads within the s dM'"sion 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 3.09)
. A homeowner'spark shall be shown in the area of lots 10, 11 and 12 M Block
14. The, park shall be a rm*nlm m size of 16,000 square feet. Findings of Fact,
Section D)
7. A bike/pedestrian path easement, 2 -feet wide, shall be shown on the final plat
a. The bike/pedestrian path shaff be constructed .t of concrete and be a
minimum m width of 10 feet.
R A homeowners association shall be created for the maintenance of the park and
bike/pedestrian path. (Findings of Fact, Section D)
. 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 f the
mail dehver r' site. The mail delivery site shall be installed or bonded for prior t
feral plant. 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).
10. The following requirements is shall be met per the Kalispell Fire Department:
Kalispell Subdivision. Regulations, Section. 3.20).
a.. Water mains designed to provide minimum fire flogs shad be installed per
City specifications at approved locations. Mm' imu . fire flows shall be in
accordance with Unfform Fire Code 1 Appendix 111- .
. Fire hydrants shall be provided per City specifications at locations approved
by this department, r r to combustible construction.
e. Fire Department access shall e provided in accordance ance with Uniform Fire
Code 1 9 Article 9.
1.1. The required boulevards for streets within the subdivision shall be a miru'mum
of 5 feet wide and a. payment in lieu of landscaping provided to the Department
f Parks and Recreation for the installation of street trees and seeding of the
boulevard. (Findings of Fact Section. D)
12. Street lighting shall be located within the subdivision and shall be shielded s
that it does not intrude unnecessarily onto adjoining properties. (Kahspell
Subdivision Regulations Section 3. )
13. All utilities shall be installed underground. Karns eR Subdivision Regulations,
Section. 3.17).
14. That a minimum of two-thirds of the necessary infrastructure for this
subdivision shall be completed prior to final plat submittal.
15. All areas disturbed during development er t of the subdivision shall be re -vegetated
with a weed -free mix immediately alter development.
16, The following note shy be placed on the final plant: "Property caner s are
responsible for the boulevard strip for the lend of their property boundaries.
Responsibilities include watering and mowing of the grass Within the boulevard.
Removal of grass or trees within the boulevard is prohibited unless approved by
the Kalispell Department of Parks and Recreation." (Findings of Fact Section D)
17, The preliminary plat approval shall be valid for a period ofthree years from the
date of approval. (Kalispell Subdivision Regulations, Section 2.04).
ENDED PTA's` OF EMPIRE ESTATES PHASE 5
PRELIAMqARY PLAT
KLSPELL PLANNING OFFICE
STAFF REPORT K -06-
JUNE 9 2006
A report to the Kalispell City Planning Board and the Kalispell Clt ' Council regarding
a. request to amend the preliminary plat for Empire Estates Phase 5. A public hear -in
on this proposal has been scheduled before the planning board for June 13, 2006 in
the valise y Council Car ers. T e lanning boar. w.1. forward
recommendation to the city council for final action.
.
BACKGROUND: 'fhe City Council approved the preliminary plat for Empire Estates
on July 7th Zoo . Since that approval the owners have moved the subdivision or rar .
m phases. In 2005 the owners requested an amendment to Phases 4-6 that would
convert 21 single family lots to 34 two unit townhouse lots. The City Council reviewed
the amendment request and on June loth 2005 approved the owners request to
arnend Phases - . The owners are now proposing to amend the rehmmary plat for
Empire Estates Phase 5 that woold add 7 lots to this particular phase of the
subdivision. The property is located on the northeast comer of wee Milo Drive and
Stillwater Road.
A. Petitioner and Owners* Wayne E. Tumer
3300 Hwy 2 Nest
Kahs e-U, MT 59901
(406) 257-1682
Technical Assistance: sands Surveying, Inc.
2 Village loop
Kahspeli, MT 59901
(406) 755- 5 l
B. Nature of Application: This is a request for an amendment to the preliminary
plat approval of Empire Estates Phases 5. The amendment request stems from
two circumstances for this particular phase, one is the road access the second is
redesigning several lots so that they comply with the subdivision regulations.
Wien. the City Council granted preliminary approval for Empire Estates, Phase
they included a roadway connecting it to other phases of the subdivision on the
merest side of the bypass highway via a City roadway. Since 2003 a. new
subdivision, Northland Subdivision, was approved in 2004 and has extended
Parkridge Drive west to Stillwater Road.. This enabled tiro interior rior streets within
Phase 5 of Empire Estates, Getty Drive and Barron Way, to connect to Parkridge
Drive thus eliminating the need to cross the highway r a.ss, which the owner
states in his application that the highway department would not have allowed.
The redesign of the subdivision roads to meet the Cit is subdivision regulations
has allowed are area previously set aside for a homeowner's park to be further
subdivided.
In addition to redesigning the roadway in the southern portion of Phase 5, it was
found that several lots in the northern portion of Phase 5 did not comply with the
subdivision regulations. Therefore, the owners have redesigned several lots
within the subdivision to bring them Mto compliance. The owners achieved this
y eliminating a proposed cul-de-sac road shown on the approved preliminary
plat. With the emanation of the cul-de-sac, the owners found they had.
additional land to create several more lots in the vicinity of the old cul-de-sac
which would meet the zoni-ng requirements.
.e to the redesign of the subdivision, the owners are requesting to amend the
preliminary plat approval for Phase 5 and create: 7 additional lots within this
phase. This includes creating two sublots in Block 15, two lots in Block 14 and
one lot and two su lots in Block 12.
C. Location and Legal Description of Property: The property lies in the northeast
comer of the Empire Estates Subdivision. The amended area. includes Phase 5 o
the preliminary plat for Empire Estates. Empire Estates Subdivision lies at the
northeast comer of Three Mile Drive and Stillwater Road or approximately tree
quarters of a rile wrest of Now Meridian Road. Phase 5 is a portion of
Assessor's Tract 3, located in the SW 1/4 of Section 1, Township 28 Norte, Range
22 West, . M. M. , Flathead County,, Montana.
Size:
Total. Area:
Total. Lot Area in Lots
Area in Roads:
Minimum Lot Si. e:
Maximum Lot Size:
2.3 acres
8.87 acres
3.43 ages
3,800 square feet su lot
7,000 square feet
E. Eidsting Land Use; The property is currently undeveloped.
F. Adjacent Land Uses and Zoning: The su.rrou. i area. is residential with most
of the land to the west in Phases I dough 4 of Empire Estates which is
currently being developed. There is also an approved. subdivision.., Northland
Subdivision, immediately north of Phase 5 and a. County subdivision immediately
ia.tely
east.
North: Northland Subdivision, City R--3 zoning
South: Empire Estates Phases I through 4, City R-4 zoning
East: Rural residential, County R-2 zoning
West. Empire Estates Phases l through 4, City R-4 zoning
G. Genet Land Use character: The general land use character of the area is urban
residential with single family and duplex lots surrounding the subdivision.
Surrounding subdivisions include Empire Estates, Northland Subdivision are.
Bitterroot. Heights within the City a.n.d a residential subdivision located M the County
n=e iately east of Empire Estates Phase 5.
H, Zoning: This property is zone R- , a Two Family Residential zoning district.,
that is intended primarily for single-family homes and duplex dwellings. This
2
district has a minimum lot size requirement of 6,000 square feet and meows the
creation of s . lots with a minimum lot sire requirement of 2,000 square feet for
each sublot. The mirdmum lot size requirement for the parent tract is 6,000
square .feet 'in the case of sublots. A minimum lot width in the R-4 zone is 50 feet
and the setbacks are 15 feet in the front,, 10 feet M the rear and five feet on the
sides. In the case of the sublots there is a zero side yard setback and essentially
two single-family homes are iside by side in a "two unit townhouse"
configuration.
. ii:'this subdivision would receive full City services.
Water:
City of Kalispell
Sewer:
City of Kalispell
Solid waste:
Contract hauler
Gas:
NorthWestern Energy
Electricity:
Flathead. Electric Co-op n er ro n
Telephone:
Cent ry'el (underground)
Fire.
City of Kalis e .
Police:
City of Kalispell
Schools.
Kalispell School District #5
RED' AND FINDINGS OF FACT
This application is reviewed as a major subdivision in accordance with statutory
c .teria and the Kalispell City Subdivision Regulations.
A. Effects on Heath and sa. ety:
Fire: This subdivision would be in the service area of the Kalispell Fire
Department. The property ca-n be considered to be at low risk or fire because
the subdivision and homes vit m' the subdivision would e constructed ire
accordance with the Uniform Fire Code and have access which meets Cit
standards. All of the lets will abut a street that has been constructed to Ci-ty
standards. The property does not have steep slopes or woody fuels. Hydrants
will he required to be placers in compliance with the requirements of the
International Fire Code and approved by the fire chief. The fire access and
suppression system should be installed are.d approved by the fire department
prior to final plant approval because of potential problems with combustible
construction taking plaice pn4or to adequate fire access to the site bung
developed.
Flooding. According to FIRM Panel #1805Ddated 9 3o 2 this property is
located en rely in zone C, are area that is not prone to flooding. There are no
indications that this site is prone to high ground water, intermittent strear .s or
creeks or stormwater r runoff hic has the potential to create problems with
flooding.
Access: Access to Phase 5 would be from Parkridge Drive, a City maintained
roadway located north of the subdivision. Portions of Parkridge Drive are still
under construction however., when completed, the road will be constructed to
City standards. Parkridge Drive rims cast to merest connecting lots within the
Northland Subdivision., north and east of Phase 5, to Stillwater Road. Two
internal roads within Phase 5, Barron Way and Getty Drive, connect to
'armed e Drive. All of the lots wit .�.r� Phase 5 will have access to either Barron
Way, Hurst Drive or Getter' Drive.
Durm'g the initial review of Empire Estates the developer had proposed
extending Barron Way south across the proposed bypass and connecting
Barron. Way with Trump Drive, located in Phase 4. However, sfce preliminary
plat approval was given to Empire Estates in 2003, the Montana Department o
Transportation has denied access across the bypass right-of-way. Therefore,
all access into and out of Phase 5 will e via Barron Way or Getty Drive and
arkride Drive.
BI Effects on Wildlife and Wildlife Habitat: This property is generally level urith
a. gentle slope and was used for agricultural .r oses. There may be some
migratory birds and occasional. deer may visit the site, however, �iarea does
not provide significant habitat for wildlife.
C. Effects on the Natural l Environment.
Surface and groundwater: This subdivision will be served by public water and
serer thereby nunimizing any potential impacts to the groundwater. No
surface water is in close enough roximity to the site to create concerns with
regard to this development.
Drainage. This site is relatively level and does not pose any unusual c a .en es
to site drainage. Curbs and fitters i' e installed and a storm grater
management plain will have to be developed to address the runoff from the site.
'here is no City storm drain system in the immediate area and storm water will
have to be managed using on -site retention methods as part of the stor water
management plain.. The drainage plan WIR have to comply with the City o
Kalis eH's standards and State standards and will be required to be designed
y a professional engineer.
D. Effects on Local Services:
Waiter: water service is being provided to the subdivision by the City o
Kalispell. Some or all of the water mains needed to serve this subdivision have
been designed as part - of previous phases of Empire Estates and would not
generally be effected by the proposed addition of 7 lots. The system will be
designed to meet the required fire flows of the fire code. The waiter system for
the subdivision will be reviewed and approved by the Kalispell Public Works
Department and the Kalispell Fire Department as part of the development of
Phase 5. There is adequate capacity within the City's water system to
accommodate this development.
Sewer: Sever service will be provided by the City of Kalispell With are extension
. ......... -
of existing sever mains from their existing location to the west. No easements
for the sewer would need to be acquired from private property owners. Design
and construction of the mains will be reviewed and approved by the Kalispell
Public works Department. Where is adequate capacity within the sewage,
4
treatment plant to accommodate this development -
Roads: There will be limited additional impacts to the internal roadways within
'base 5 as we , as Parkridge Drive and Stillwater Road by adding 7 lots to this
phase, A traffic analysis was done as part of the original approval. or Empire
Estates Subdivision that recommended some mitigation once the subdivision is
further developed.. Recommendations included stop signs within the
development and Stillwater Road be improved to have centerline and shoulder
striping. Speed limit signs to be posted on Stillwater Road at both ends of the
development and rear the southbound approach to the su dwi.sion.
Stillwater Road is a County road that has a. 0-foot right of way. It is
designated as a collector in the Kalispell ra .s ortatio . Plan which requires a
0-foot right-of-way and no additional right-of-way would be needed to be
reserved for future upgrades. Stillwater Road will continue to be increasingly
important as a. through connection as development in this area continues,
particularly as the new high school is built to the north of this property on the
State school trust property.
The Parks and. Recreation Department has previously worked with developers
y approving appropriate street trees to be planted rit ire the boulevard strip.
However, recently the Department has changed its policy and now requixes
developers to provide the Department with funds so that the Department can .
instal the street trees and seed the boulevard stria. This has come about after
lot owner m 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 nstalled per city
standards. In addition, the Parks and Recreation Department has requested
Future lot owner(s) bnotified that they must maintain the boulevard strip and
no removal of grass or street trees can occur without approval from. the Parks
and, Recreation Department. Therefore, conditions have been added to the
proposed subdivision to address the Department's coy cer s regarding the
street boulevards.
Schools: This development is within the boundaries of the Kalispell School
District 5. The school district cold anticipate that are additional 4 school
aged children might .t e generated into the district with the addition of 7 lots
within Phase 5. This number is 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 will be attending
public schools. This would have a. potentially significant impact on the district,
particularly on a. cumulative level with other phases of development for Empire
Estates in addition to other developments pending within the district - both
urban and rural, particularly with high school -aged students.
The school district received approval for school bonds to construct a second
high school on 60 acres to the north of this site in the area of the State school
trust land, The new high school location is approximately one mile from this
property, and it is anuci. ated that the school would be opened by faJ1 of 2007.
5
Parks an e S a.ce: The Empire Estates subdivision was approved by the
Kalispell City Council in July of 2003. The approval a i.owed the developers to
proceed to plat 347 lots over 67.1 acres of land in six phases. The parkland
dedication required to meet the subdivision regulations i ci ded the developer
providing a combination of parkland and cash in lieu fee for parkland totaling
percent or one -ninth th of the area proposed to be divided into .dots. The area
proposed to be divided into lots totaled. .o 3 acres requiring 4.516 acres o
parkland/cash in lieu fee for the entire 347 lot, six phase subdivision proposal.
In order to meet the 4.516 acres of parkland the approved preliminary plat
required the developer to dedicate a. park area, a roxi-Ma.tely 1.75 acres in
size, to the City of Kalispell in Phase 1 of the subdivision. The remaining 2.768
acres was required to he met with cash in lieu of parkland fees. The valuation
stated for the property at the time of subdivision review was $15,000 per acre
which. provided. for a cash ire lieu of parkland value o $41,520 which would he
used to develop the park area within Phase L
The cash in lieu of parkland fee o $41,520 has been paid by subsequent nal
plat filings of Phases 2, 3 and 4. Therefore, the developer has met the
arkland requirements for the Empire Estates subdivision, including .din 'ha.se 5.
The developers had proposed a. park area., approximately 0.645 of are acre in
size, within Phase 5 in their original subdivision application. In reviewing the
Empire Estates subdivision ire 2003 the staff report noted the o.645 acre park
area. but the City did not accept this park towards meeting the required
parkland dedication for the subdivision as a whole. However, the developer
retained the 0.645 acre park as part of the design amenity package for the
subdivision and proposed to turn this area over to a future homeowners
association for improvement and maintenance. A copy of the preliminary
approved plat showing the park area. in Phase 5 is attached.
When the subdivision was originally reviewed. in 2003 Phase 5 was connected
to Phases 1, 2, 3 � 4 and 6 via a roadway across the future highway bypass. It
was the road connectivity that provided easy access for the residents of Phase 5
to ;et to the city park dedicated in phase 1. Now, however, the highway
bypass will he hilt in the next several years and the roadway proposed to
connect Phase 5 to the City park on the west side of the bypass can no longer
e built. `therefore, Phase 5 is viewed as a separate stand alone subdivision
nth. o connectivity to the city park dedicated in Phase 1.
The developer is now requesting to eliminate the 0.645 acre parkland area
shown on the approved preliminary plat and redesign the subdivision to
accommodate more lots in this area. Given the isolated nature of Phase 5 and
the location of the 0.645 acre parkland area, the parkland area would not
unction as a homeowner"s park very well. However, it is important to provide
for a. parkland feature as part of the design package for the subdivision.
ivisi.on.
The Kalispell Subdivision Regulations allow the City to require subdivisions
whose residential densities exceed 11,880 square feet per dwelling unit to
6
provide parkland M the amount o .03 acres per dwelling nit. With the
addition of 7 lots the density within Phase 5 exceeds the 11,880 square feet
d reflin nit density. Therefore, the proposed addition of 7 lots requires a
parkland dedication of 0.2 of an acre or 9,148 square feet.
The developers have proposed a 9,148 s are foot homeowners park in the
area of lots 10, 11 and 12 in Block 14 which are at or rear the intersection o
Barron. Way and Getty Drive. The Cit 's Site Review Committee favored the
central location of the homeowner's park as proposed by the developer however
the site review Committee recommended the park be a rninimum of 16,000
square feet in size in order to better function as a park and provide more open
space, The site Review Committee recommended the larger park area as a way
to mitigate the loss of the 0.645 acre (28,096 square feet) park area approved
on the prehminary plat.
n addition to addressing paxk1and and open space within the amended
subdivision, the site Review Committee also discussed the need for a
bike/pedestrian path to connect to the future bike path along the highway
bypass. A proposed bike/pedestrian pathway linkffig lots within Phase 5 to the
future bike path along the highway bypass was discussed in the vicinity of lot
2 A or B in Block 12 along arron Way. This area was proposed as an Option
because an existing water main is located in this area and the bike/pedestrian
path could be constructed over the accompanying tility easement. .t. It ..ough
this is an option. the Planning Department would recommend the
bike pedestrian path be located farther south in the area of lot 7B of Block 12,
bike/pedestrian. path. located on this lot could be designed to match up with
a future crosswalk and sidewalk at the intersection of Barron Way and Getty
Drive and lead to thehomeowner's park, which is being recommended in the
area of lots 10, 11 and 12 of Block 14 as shown on the preliminary plat.
The bike/pedestrian path should .c e constructed from the far western edge o
the property o ndar r and extend east to the curb ife matching up with a
crosswalk for Barron Way. The bike/pedestrian path. should also be located
within .in 20-Moot wide easement, constructed out of cement for longevity, and be
a minimum width of 10 feet. These recommendations have been formulated
into conditions ,s of approval for the requested amended plat for Phase 5.
Police.- This subdivision would be in the Jurisdiction of the City of Kalispell
Police Department. The Department has stated they can provide service to this
subdivision, however the cumulative impacts of groom within the city further
strains the Department's ability to continue to provide the high level of service
the Department is committed to and additional staff may be necessary.
Fire Protection : Fire protection services will be provided by the Kalispell Fire
Department, ent, and the subdivision will need to meet the requirements of the
International Fire Code. The Fire Department will review and approve the
number and location of hydrants within the subdivision as weH as fire flows
and access. Although fire risk is low because of good access and fairly level
terrain, the Fire Department is recommending that, access to the subdivision,
street signs and the hydrants are in place Prior to final plat approval and or
7
use of combustible materi zds in construction -
Solid Waste-, r Solid waste wfli be handled by a private hauler and taken to the
Flat -head County Landfill. There is sufficient capacity within the landfill to
accommodate this additional solid waste generated from this subdivision.
Medical. Services; Ambulance service is available from the Fire Department and
ALERT .elico ter service. Kalispell Regional Medical. Center is close, less than
two Wiles from the site.
E, Effects Agriculture: and agricultural water user facilities: The site has
previously beenevaluated on its potential. effects on agriculture. �
location of the subdivision and. surrounding land uses being urban in nature,
the addition of 7 lots within Phase 5 will not have a. significant impact on
agriculture. Furthermore, there will be no impact on agricultural water user
facilities since this property wifl be served by a public water system.
F. Relation to the Kalispell Growth Policy: This property is M the Kalispell
Groff Policy"s potential utility service area and is anticipated for this type o
urban scale development at the time of connection to City u i ties. The future
land use ma Mdi. ates this area is anticipated to be developed as Urban
Residential. Areas designated as Urban. Residential are anticipated to be
served by community gaiter and sewer and have good access to services and
public faciEties. This land. use designation anticipates a density of 3 to 12
dwelling units per gross acre. The existing R-4 zoningon the property is
consistent With the Urban Resi.d.en ia.l lard use designation.
G. Compliance with Zoning: This property has been zoned R- , a Two Family
Residential district that is intended for single-family and duplex dwellings. This
district has a minimum lot size requirement of 6,000 square Feet and allows the
creation of sublots with a minimum lot size requirement of 2,000 square feet for
the s hots. The minimum lot size requirement for the parent tract is 6,000
square feet in the case of s . lots. A minimum lot width in the R-4 zone is 50
feet and the setbacks are 15 feet in the front, to feet in the rear and five feet on
the sues. in the case of the sublots there is a. zero side yard setback and
essentially two single-family homes are built side by side in a two unit
townhouse configuration. All of the lots M the subdivision comply with the
zoning requirements of the R-4 district.
H, CompHance with the Kalispefl Subdivision Regulations: This subdivision
complies with. the Kalispell Subdivision Regulations and no variances have been
requested*
RECOADMNN
Staff recommends that the Kalispell City Planning Board adopt Staff Report KP-o -
as findings of fact and recommend to the Kalispell City council that the amended
preliminary plait be approved subject to the following conditions:
8
Development of the subdivision sail be platted M substantial om liance with
t reii nffiaxy plat as amended and approved which governs the location o
lots and roadways within the subdivision.
2. New infrastructure required to serve the subdivision shall be designed are
constructed in accordance with the City of Ka s el 's Standards for Design are.
Construction and Montana Public forks Standards; and shall be ceded by
are engineer licensed in the State of Montana. All work shad. be reviewed and
approved the Kalispell Public Works Department prior to construction. This
i .frastr .et re shall include but not be limited to streets, street lighting, street
sig.a e, curia, gutter, boulevard and sidewalk and shall be instaRed along all
new streets within the subdivision. Ka s ell Design and Construction
etio
Standards)
3. The developer shall submit it to the Kalispell Public Forks Department an
engineered drainage plan that meets the requirements of the current City
standards for design and construction. Prior to fmal plat, a certification shall
l
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 Kalispell ell lic Works Department shall be submitted stating
that all new infrastructure .re .a.s been accepted by the City of Kalispell.
(Kalispell Design and Construction Standards
5. 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 all be subject to review and approval of the
Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09
. A homeowner's park shalll be shown in the area of lets 10, 11 and 12 in Block
. The park shall be a minimum size of 16,000 square feet. (Findings of
Fact, Section D)
. A. bike/pedestrian bike/pedestrianpath easement, 2 -feet wide, shah be s .ovm on the ffal plat
in the area of lot 7B of Block 12.
a. A bike/pedestrian path shall be constructed frorn the far western edge of
the easement boundary and extend east to the curb lie matching up
with a crosswalk for Barron Way.
. Thebike/ path shall be constructed out of cement and be a
minimum width of 10 feet.
C. The 0-foot bike/pedestrian path shall be included in the infrastructure
plans reviewed e y the Public Works Department. (Findings of Fact,
Section )
8. A homeowners association shall be created for the maintenance of the park and
bike/pedestrian path. (Findings of Fact, Section D)
11
. Prior to filing the fmal plat a letter from the US Postal service shall included
stating the Service has reviewed and approved of the design and location of the
marl delivery site. The mail delivery site shall be rnsta le . or bonded for pnor
to final plat. In addition, the mail delivery site and i-mprovements shall also be
included i the plans to be reviewed by the Public Works Department.
(Kalispell Subdivision Regulations, Section 3,22).
10, e following requirements ents shad be met per the Kalispell Fire Department
KalispeH Subdivision Regulations, Section 3.20).
a.. Water mains s designed to provide minimum fire flows shall e installed per
City specifications at approved. locations. Minimum fire flows shall be in
accordance with Uni `o= Fire Code 19 Appendix III -A.
. Fire hydrants shall e provided per City, specifications at locations approved
y this department, prior to combustible co str .ction.
. Fire Department .t access shall e provided in accordance with Uniform Fire
Code Article 9.
.. The required boulevards for streets within the subdivision ivisio shall e a r .inim r
of 5 feet wide and a payment in lieu of landscapingprovided to the Department
,t
of Parks and. Recreation for the installation of street trees and seeding of the
boulevard.. (Findings of Fact Section D)
12. Street lighting shall e located within the subdivision and all be sbielded so
that it doe3 not intrude unnecessarily onto adjom'm*g properties. (Kalispel
Subdivision Regulations Section 3.09(L))
13. All utilities shall be installed .x er ro d. (Kalispell Subdivision Regulations,
Section 3.17).
4. That a minimum of two-thirds of the necessary infrastructure for this
subdivision shall be completed prior to final plat submittal.
5. All areas disturbed during development of the subdivision shad be re -vegetated
with a. weed -free mix immediately after development.
.t.
16. The following note shall be placed, on the final plat: "'property owner(s) are
responsible for the boulevard sip .for the lend of them- propel boundaries.
Responsibilities include watering and mowing of the grass within the
boulevard. Removal of grass or trees within the boulevard is prohibited unless
approved y the Kalispell Department of Parks and Recreation." on." (Findings o
Fact Section D)
'. The p -elimi ar-r plat approval shall be valid for a period of three years from the
date of approval.. (Kalispell Subdivision Regulations, Section 2.04).
10
D ECF=BVE
City of Kalispe MAY oi�r�0
Planning Department KALISPELL PLANNiNG DEPARTMENT
1 - 2nd Stxeet East, Suite 211, Ka., Montana
Telephone: ) 75 1- 1850
Fax:
MAJOR SUBI)IVISIQN PRELIMINARY FLAT APPLICATION
FEE SCHEDULE: FEE ATTACHED J � Q
Major Subdivision (6 or more lots)
750 + $ 100/lot
Mobile Home Parks 8y Campgrounds (6 or more spaces) $750 + $1.00/space
Amended Preliminary Plat
Amendment to Conditions Only
$350 base fee
Re -configured Proposed Lots
Base fee + $40/lot
Add Additional Lots or Stxblots
Base fee + $100/lot
Subdivision Variance
$ 100 (per variance)
Commercial and Industrial Subdivision
Add $200 to base
preliminary plat fee
SUBDIVISION NAME 6MV-1 ' J
V
OWNEMSj OF RECORD:
Phone Z 5:2
Mailing Address 3340
City ,,./ _'4.0'hoe _...,.
State �7"� Zipir99,12.L�_...,,.,_
TECHNICAL /PROFESSIONAL PARTICIPANTS (Surveyor/ DesDesigner/ Engineer, etc):
Name & Address
Dame & Address
Name & Address
LEGAL DESCRIPTION OF PROPERTY:
Pt•operty Address
Assessor's Tract No(s) 3 ��s. ,�a,�f5'�Lot No(s)
1 /4 See �.._ Section Township _,Ll I'Range ;,�2
GENERAL DESCRIPTION OF SUBDIVISION:
Number Los or RenUd des Total Acreage in Subdivision%LJ&
*?. 3o;'
Total Acreage in Lots Minimum Size of Lots or Spaces
`iota. Acreage in Streets or Roads 3. � ,� M i um Size of Lots or Spaces
Total Acreage in Parks, Open Spaces and/or Common Areas __ 0__�
I
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family y� Townhouse � Mobile Horne Park
Duplex Apartment Recreational Vehicle Park
Commercia.l Ind ria Planned Unit Development,
Condominium Multi -Family Other
APPLICABLE ZONING DESIGNATION & DISTRICT
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS
IMPROVEMENTS TO BE PROVIDED:
Roads: Gravel K Paved .Curb x Gutter X Sid ohs >:r Alleys�Other.
Water System: Individual Multiple User Neighborhood �Pu. _X Other
Sewer item: Individual Multiple User Neighborhood Public Other
Other Utilitiew Cable TV �Telephone Electric � . Ga. -Other
Solid Waste: Home Pick Up Central Storage ______�Co tr ct Hauler Owner Haul .
Mail livery Cent �Individual School District-.
Fire Protection: Hydrants __ C- Tanker Recharge `ire District: j<_ .
Drainage Systems a�f ..* S_o.!VAf . ... ...... A24kMa6 022nff
PROPOSED EROSION /SEDCONTROL:
VARIANCES: ARE ANY VARIANCES REQUESTED? (yes/no) If yes,
please complete the Morobelow:
SECTION OF REGULATIONS CREATING HARDSHIP:
EXPLAIN THE HARDSHIP THAT WOULD E CREATED WITH STRICT C M LLWC
WITH REGULATIONS
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE
2
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW:
. , Will the granting of the variance be detrimental to the public health, safety or
general welfare or injun*o s to other adjoining properties?
2. Will the r*a ce cause a substantial increase in public costs.
. Will the var a e affect, in any manner, .er, the provisions of any adopted zoning
regulations, Master Plan or Groff Policy?
. Are there special circurnstances related the physical characteristics of the site
(topography, shape, etc.) that create the hardship?
5. What other conditions are unique to this property, that create the need for
variance?
3
APPLICATION CONTENTS:
The subdivider shall submit a complete application addressing items below to the
Kalispell Planning ing e artment at least thirty five 3 days prior to the date of the
Planning Board meeting at which it wiH be heard,
Preliminary plat application.
2. 10 copies of the preliminary
3. One reproducible set of supplemental information. . (See Appendix A of
Subdivision Regulations for the city where the subdivision is proposed.
. One .reduced copy of the prelimMarr plat not to exceed 11 x 17 in sue.
5. Application fee.
. Adjoining Property Ovmers List (see example below and attached notice
from county Plat Room)
Assessor# Sec-'u- Lottact No R,rty Owner & MailiAgAddress
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a. part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted In connection with this application be untrue, l understand that any approval
based thereon may be rescinded, and other apro Tia.te action taker. The signing of
this application signifies approval for the Kalispell Planning staff to he present on the
property for routine monitoring and inspection during the approval and development
process.
(Applicant)
(Date)
0
May 8, 20
Sean Conrad
ri-City Planning ice
17 Second Street East, suite 211
Kalispell, MT 59901
: Empire Estates Phase
Dear Sear:
s you requested l am writing to explain the circumstances of our application to change t
preliminary plat of Empire Estates Phase 5. The primary Treasons for making the changes are
that the current plat does calls for an access point that is not allowed and has several tots with
double frontage which does not comply with the sub -division regulations.
When the onginal plat of Empire estates was approved back in 2003 it was projected that we
would access Phase 5 via a new road that we would build across the proposed bypass right-of-
way. since that time a new sub -division has been appoved and constructed to the north of
Empire Estates. We are now able to access phase 5 without crossing the bypass, which the
MDOT would not have allowed. This change of access has required that we redesign the
southern portion of phase 5 to make sure that it met sub -division requirements. This redesign
has created new lots which require the plat to be resubmitted for your review and approval.
val.
Also, while redesigning the southern portion or the phase because of the access change it was
found that several lots in the northern portion of the phase do not comply with the subdivision
regulations. Because of this we redesigned that portion to bring it into compliance. To do this
e eliminated a cul-de-sac and re configured the lots. When we did this we ended up with extra
large lots. When we reduce the size of the lots to the zoning standards it was found that we
gained additional lots.
Overall: we are asking to add a total of 7 units to the phase. if you have any questions please
give me a call at 2 - 728,
Sincerely,
AP0000"
Hubert Tumer
ANUN17EI3 STA7E5
POSTI-IL SERVICE
Date: 5-22-2006
ECEOVE
MAY232096
o: City of Kalispell Planning part nt-
Kalispell, MT 51
RE: Empire Estates Phase
Comments to l" alis ell fit l lannir Board:
Prior to filing the final plat a common mail delivery site shall be provided with the design an
location to be approved by the local postmaster of the U.S. Postal Sari. 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 vide so that the
rail carrier's or customer's vehicle will be completely off the roadway. This tors foot width
will be a flat level surface* The turnout, combined with the developed road surface, will
provide an area vide enough for the rail carrier to completely turn around without having to
back up at least 70 feet total width). A site plan delivery agreement rust be on file with the
local post office. Cluster Box Units CB 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 Ssll
Carter at - - 55- 5 .
_}Documents and S IngMTHSBP \M Dacuments'xGrowth Ma a ement Growth ManagementNProject!AComments to Kalispell Planning Dept
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WAYNE TURNER
PRELIMINARY PLAT
VICINITY MAP S CALE 1" = 400'
- AMD PLAT OF PHASE 5 OF EMPIRE
ESTATES, A 7145 SINGLE FAMILY LOTS AND
TOWNHOUSE LOTS)LOT
ON APPROXIMATELY 12.3 ACRES 26
IN THE R-4 (TWO FAMILY RESIDENTIAL) DISTRICT
PLOT DAME 5/3/00
FILES KPP-06-04 A:\gis\site\kpp08_4.dwq
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K&HqWM6 MT 59"1
(406) 755-Wi
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FONVOWNER: Turaw
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Revised Prelinabnary Plat of. -
Empire Estates, Phase 5.
Located In the W1/2 SW1/4 of Section 19 T.28N.9 R.22W"
P.M.,M.., Flathead County, Montana
SWIVwx Uwe*
Total Area: 12.307 Ac.
Lots (71): 8.873 Ac.
Roads: 3.434 Ac.
APPROVED PRELIMINARY PLAT
PHASE 5 EMPIRE ESTATES
5B 0 K 1 1 ?5
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City of Kalispell
Planning Department
Street East, Suite 211, KafispeH, Montana 59901
MEMORANDUM
Kalispell City Staff
Other Interested Parties
Telephone: o 51-1 o
Fax: 40751-1858
W i e: kalispellplanning.com
FROM* Sean Conrad, Senior Planner
R.E: May 18thSite review Committee meeting
DATE: May 10, Zoo
The proposed relimi ary Plat request and zone change are scheduled to go before the Kalispell
City Planning Board on June 13th.
• A request by Wayne Turner to amend Empire Estates Phase 5 and add 7 lots to the
approved preliminary plat. Phase 5 includes 12,3 acres with preliminary Plat approval
for 64 lots. Due to a change in access to Phase 5 and a redesign of the subdivision
roads and lots the owner was left with additional lard outside of the 64 preliminary,
approved lots. It is on this additional land the over is requesting to add 7 lots. The
property is zoned -4 (metro Family Residential). The property can be descr' ed as
Assessor"s Tract 3 located w.thmi the SW 14 of Section 1, Township 28 North, ., Range 22
West.
+� A. request by Earl Johnson to change the zoning on a 9,400 square foot lot located o
the west side of Meridian Road from R- (Two Family Residential) t -
Residential Professional Office). The property is developed with a single family
residence at 130 Mer4dia . Road and can be described as Lot I of Block 1, Mer'dian
Addition located within Section 13, Township 28 North, age 22 West.
if you need additional information regarding the above proposals please call me. Any
comments on the above Projects should be in to the Planning e artme .t by June 1, 200.
The Site Review Committee meeting is held at o:oo a.m. on Thursdays at the Building
Depaitment located at 248 - -rd Aven e, East in Kalispell. 'hank you for taldng the time to
review and comment.
c: wattachments: Brent Christopherson, Fire Dept.
Mike Baker, Parks and Rec
James Patrick, City Manager
P.J. Sorensen, Zoning Administrator
Roger Krauss, Police Dept.
Frank Castles, City Engineer
Jinn Han s , Public Works Director
Mark Crowley, Construction Manager
Sandy Wheeler, Community Redevelopment
Susan Mayer, Community Development Director
Crag Kea., Chief Building Inspector
Charles Hart, City Attomey
MDOT, Sere Herzog
Superintendent, Kalispell School. District No.
SUS, Susie Comer
Land Planning, MDT - Helena
o attachments: Applicants
CERTIFICATION
APPLICANT: Wayne Turner, Amd Plat Phase 5 ire Estates
FILE NO: KPP-06-04
the undersigned certify that I did this date mail Via CERTIFIED Mail
copy of the attached no ce to the following fist of landowners adjoining the
property lines of the property that is Free; an amendedpreliminary
plat.
S-'T`-R: -2 -22
Lot/Tracts# 3
Property Owner/Mail Address:
Wayne Turner
3300 Highway 2 West
KafispeU, MT 59901
Sands Surveying
2 VWe Loop
KalispeU, MT 59903L
? i . ?4. r /, �6-
G-11. ..
Date:
AND ATTACHE LIST
City of Kalispell
Planning Department
s trees Easy Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: o751-1858
You are being seat this ,notice because you are a property owner w.tbin 150 feet of the
proposed project noted below are.d w-. be most directly affected by its development.
You have are opportunity to present your comments and co .oems at the me tag noted
below. You may contact this office for additional inforr ation.
NOTICE OF PUBLIC HEARING
KALISPELL CITY PINING BOA AND ZONING COST N
June 13, 2
006
The regular meebmg of the Kalispell City Planning Board and Zomffig Commission is
scheduled for Tuesday, June 13, 2006 beginning7:00 PM M the Kash City
Council chambers, Kalispell city Hall, 312 First Avenue East, Kalispell. The plarnung
board wffl hold a public hearing and take public comments is oxi the following agenda
items. The Board wiR make a recommendation to the Kalispell city Cauncil who will
take final action.
n.
1. request by ARen and Virgim'a Rie e, William and Cindy Retie and. Polly Webster
for vexation, initial zoning and subdiv"Ision of approximately 12.8 acres located
at 386 and 394 Three Mile r*vo, Kalispell* The properties are currently zoned
County R- I (one acre minimum lot . The owners have petitioned to annex into
the City of Kalispell and have requested the city RT2 (9,600 square foot minimum
lot size) as well as proposing a. 23 lot residential subdivision. The lots within the
subdivision would range from 15,000 square feet to 27,600 square ,feet. The
roes included in the annexation, it 'tial zoning and subdivision can be
described as Assessors Tracts 3.B , 3 c, 3A , 3AB, and 3ACA located within
Section 12, Township 28 Now, Range 22 West.
2. A request by Wayne 'rummer to amend Empire Estates Phase 5 and add 7 lots to the
approved preliminary plat. Phase includes 12.3 acres with prehminary plat
approval for 64 lots. Due to a change in access to Phase 5 and a redesign of the
subdivision roads and lots the owner was left with additional are. outside of the 64
preliminary approved lots. It is on this additional land the owner is requesting to
acid 7 lots. The property is zoned - (Two Family Residential). The propel can
e described as Assessor's Tract 3 located within the SW 1/4 of Section 1.Tow-nship
28 North, Range 22 West.
3. A request by Earl Johnson to change the zoning on a 9,400 square foot lot located
on the west side of Meridian Road from R- Two Family R side dad. to R-
(Residential/ Office). The property is developed with a single famfly
residence at 130 Meridian Road and can be described ed as Lot 1 of Block
Meridian . or locate. within Section 13, Township 28 Nlorth, Range 22 West.
Blue Heron Ph 2 A
Mph 1 7 200
Page?
. A request by the city of Kalispell amend the Kalispell Groff peey 2020 by
expandmg the boundaries of the Groff Policy northward using the Sdwa er
River as the western bound, Church and Birch Drives as the northern undary
and generally `c w-ing U.S. Highway 2, south to Rose Crossing. The Groff Policy
amendment 'is intended to give bream policy direction to groom M this area should
property owners wish to annex to the city. The policy anticipates the extension of
urban services incliading sewer and water M*to this area over e and is designed
to give .dance to this associated g�cwth.
5. A request by the city of Kalispell to =end Section 2 .2 . 11 the Kalispell
Zoning romance specificady to mow for required pares -within the Special.
Parldng Maintenance District No. 2 (Downtown Kalispell) met by a cash -in -
lieu of parking payment_ In addition, it is propose, that Special Parldng
Maintenance District No. 2 bounder (Appendix B, Fide 2) be expanded t
include the Kalispefl Center Mall bounded by Center Street,. Fifth venue West,, the
Bid` R. Tracks and Nora. Main Street.
Documents pe the agenda items are on file for public pecti n at the
KalispellDepartment, 17 Second Street East, Suite 211, Kalispell, MT 5990 1,
and are available for public review ding rear office hours.
Interested persons are encouraged attend- the hearm'g and make their views and
concerns known to the Board. Written comments may be submitted to the Kalispell
Planning Department t at the above address, prior to the date of the hearing, or you
may cam us at. (406) 751-1850, or e-mail us at 21anning2bka1isj2!g1Lcom for additional
information.
Wayne Turner Sands Surveying Mark & Michelle Heasley
3300 Highway 2 West 2 Village Loop 249 Three Mile Drive
e
Kalispell, MT 59901 KalispeR, MT 59901 Kahl ell , MT 59901
Mark Tam.� & Cheryl Roberts Philippe Toic etorr� Investments,1�C
22 Duke rive 13271 Bubbling Well Road
Kalispell, MT 59901 1064 Carol Lane T stor CA 92780
Lafayette, CA. 94549
Nancy & Robert .d e er Jeane Allison Lester & Carolyn Wondrow
P.O. Box 669 144 Empire Loop 1363 S. Ocotello r�v
Kila, MT 59920 Ka.l�speH, MT 59901 Cottonwood, AZ 86326
Cheryl Buckham Joe & Amy Arria a Aaron. McCracken
P.O. . Box 1376 138 Empire Loop 136 Empire Loop
Kahspell, MT 59903 Kalis e ., MT 59901 Kalispell, MT 5990
La ci Cor ron Paul Bley Wiffiarn 8& Lisa St. Clair
.vid Slack, Jr.
1 � Empire Loop 335 �- Ace 2Ca11e pro
el ., MT 5 99 01
Havre, MT 59501 San Cler ente , CA 92673
Kali
Se Woong Lee Ryan & Anna Lantin Nina. Bezel]
Sure. Ah Yoon S e an Osmanagic
211 Mildred Aerie 1�6 ��11a_r�.oa 1263 W greet
Torrance C 90503 lr�r� e, �A 9� 0 San Pedro CA. 90731
RebeccaO'Donnell Theodore & r�annc Pacheco KingConstruction
120 Empire Loop 118 Empire Loop Bud & Amy King
P.O. o� 9
Kalispell, MT5991 Kalispell, M' 59901 Maple W903
Linda ova
Terry& Karen Atha or�.a. &. Karen Cromwell a�.e Te�e�
1. � �� North Road. � McGregor Lame Empire Loop
Polebridge, Mir" 5992 Mar
ion., MT 9925
Kalispell, MT 59901
Jacqueline �lei�
r�ar�. � �e Sti.arr� ore & a� Miller ��`ito der � ` cafe
163 Empire Loop355 Shelter Valle Dr
ive hid r
Kalispell, MT 59901 Kalispell, M'' 59901 89 Northem Lights Blvd
Kalispell, MT 59901
Michelle Cun-ier Allison Price Brett & Dori Bennett
171 Eme Loop 70 Townhouse Court 1219 Empire Loop
Kalispell, MT 59901 Sumter, SC 29150 Kalispell, MT 59901
Shirley Jackman Jonathan & Susan Alper Northview Heights, is C
Dorothy Smith 330 Plantation Drive 690 North Mer*dian Road, #21
131 Empire 1�oola
K'sell MT �� �. Ka.safl, M' 599 Kalispell, �5990.
Mark & Joann Cutler
24 W. Nortvew Loop
Kalispell, MT 59901
Laurie Gillorr, Jr.
enra er G i lory
1485 Church Dave
Kalispell, MT 59901
Chn*stopher 8r, Tonia Nestell
P.O. Box 7355
Kalispell, MT 5990
Dear. & Carol Eokot
o Empire Loop
Kalispell, MT 5990
Damon Hamilton
228 Fox Hill Drive
Kalispell, MT 59901
Scott & Wanda Grace
25 Grizzly Way
Kalispell, MT 59901
A A Avery, Inc.
DBA Avery Building Company
2858 S Highway 93 South
Kalispell., MT 59901
Skye, Inc.
P.O. Box 317
K. a, MT 5992
Robert & Christine Farrington
215 Meadows Road
Whitefish, MT 59937
Tony & Amy Fantozzi
111 - 4thAvenue East
Kalispell, MT 59901
Jon Bostrom
9155 Olive Street
Temple City, CA
Darlene Rain
P.O. Box 7281
Ka sp ell, MT 59904
Gail Derrickson
35 Ford Warr
Kalispell, MT 59901
Michael G. Alpert Trust
1522 Upland His Drive Mort.
91780 Upland, CA 91784
Jesse & Cassandra Juntunen
78 Empire Loop
Kalispell, MT 59901
Mark Hensley
P.O. Box 48
Kalispell, MT 59903
William & Jean. Hayward
1314 Pennacle Court
Paso Bowles, CA 93446
NW Montana Human Resources
P.O. Box 8300
Kalispell, MT 59904
Pamela a o illon
123 E Pinegrove Drive
Cower d'Alene, ID 83815
r .d e a. d Development, LLP
22 St. Andrews Drive
Columbia Falls, MT 59912
Richard J. Avery
P.O. Box 197
omey, TX 75126
Robert Bouillon.
P.O. Box 4539
Whitefish, MT 59937
Ron Terry Construction, Inc.
Meridian Court
Kalispell, MT 59901
James Lee Construction,, Inc.
P.O. Box 264
Ki a, MT 59920
Michael Gunter Stephen & Karen Dunfee Karl. & Joyce Erickson
165 Cheviot Loofa 178 Cheviot bola 170 Cheviot Loop
Kalispell, MT 59901 Kalispell, MT 159901 Kalispell, MT 59901
0. Loren & Denise Sallee Michael W. Fraser City Clerk
162 Cheviot Loop 300 Three Mile Drive City of Kalispell
P.O, Box 1997
Kalispell, MT 59901 Kalispeli, M`' 59901 Kalispell, MT 59903
Church of Cyst
241 Stillwater Road
K lispel , MT 59901
Jeff Harris
Flathead County Plannmg
103.5 First Avenue West
Kalispell, MT 59901
Jennifer Vojta
38 Empire Loop
Kalispell, MT 59901
Don Hines
Flathead County Planning Board
P.O. Box 2721
Kalispell, MT 59901
Bighorn rn eve opme 8&
Homebuilders
P.O. Box 7397
Kalispell, MT 59904
No. 10641 Interested.: p ° fson are,
. re.}est b enoo-rad. t, attend -
TIE PUBLIC jol-inson to change the the hearing: and make
HEARING4C- -0
their views and canes
so r loot got Iat
,LiLL �`� � the � side �err�- - lon t�ie.
PLANING "�D Meridian � Erorn I Board.. Written. .:
AND NI��o �ariik� lesider�� rr�er�te�..rna. bit.
COMMISSION (i a i - ted to: the- aii peel Plan
June 13, 20 i e identiai l rofesR-5sio- ninDepartment at -the'
€�aE Office). �' propel above.. address; prior-.t_
The regular meeting o thy_.date.,..o �.t : he' rf
,-
is
ng;
the fispeli City Plandeveloped with ��- .:.... #.
le family residence at
nin Board and Zoning130 Meridian Road and .:-:75Ti.4- " .'or.:�
Commission is sehed�Mai[..,u .I:.p nning_@4m�i STATE M N ANA
uled for Tuesday, urge can be described as Lot 1i 1LCQM. or-
. . beginning at I at Block1, Meridian �,rmabo
T14
ll thealispeil Addition located within C)oSection 13. Township � : ref �::.� :::::.:.~ FLATHEAD COUNTY
C' v Council Chambers,28 North,
lisp ll City mail. 312Thomas, :. " t
E st. —
First Avenue East, a- `:-.......
jl pell. The planning�, re est by :� : . I TT O PUBLICATION
bocrrC� will old a publicoEtk f aiisp etf to .�a's:.or.... ...
hearing and take public amend the Kalispell
comments on the follow- Growth policy 2020 tv CHRIS SCH . D.E SS BEING DULY
inch agenda items. The expanding the b ur17�aa-
oard will maize a rec- ries of the Growth Policy SWORN, DEPOSES AND SAYS: FRAY SHE IS THE
om endation to the Eta- northward using the
iispeli City Council WnO Stillwater Rive' as the LEGAL CLERK OF THE DAILY INTER LAKE A
WH l take final action. western tern o n d a ry , DAILY NEWSPAPER R F GENERAL CIRCTJLATION.
Church and Birch gives f
. request by Alien as the northern boon- PRINTED AND PUBLISHED IN THE CITY OF
and Virginia Riebe, Wil- dary and er�era�ly �oiR
liaman d i�i�Ei any � o lowing U. . Highway , KSPE , IN THE COUNTY FLATHEAD,
anlebster for.o�t� to Rose Crossing,
annexation, initial zOn- The Growth PolicySTATE ' � � ,� ►, AND THAT � � �.
ing and subdivision of amendment is intended
app roe i m teiy 12_8 to give broad policy di -
acres located at 386 rection to growth to this LEGAL ADVERTISMENT WAS
and 394 Three Mile area shoid property
Drive, a i i s p e l i. T h e one rs wish to annex to PEE AND ���� '�� REGULAR AND
properties are crrentl the city. �e policy an -zoned Clou ty i - (one ticipates the extension
ENTIRE ���� ��. A� ���� AND
minirnurn lot size). of urban services in lud- EVERY COPY THEREOF ON THE DATES OF
The owners have peti- ing surer and water into
tioned to annex into the this area over time M" MAY 28,5 2006
City of Kalispell and i designed to give uid-
hae requested the pity -2 (9,600 square toot anoe to this associated
minimum lot size) as growth. AND THE RATE CHARGED FOR THE ABOVE
Leif as proposing a request b the
SING DOES NOT EXCEED THE MINIMUM
lot residential subdivi- cityof i�a�is ei� to
sun . The loth within the amend Section GOING RATE CHARGED ANY OTHER
sub�v��o€� would range 2.2.0� 1of the Ka
to 2�
from . � .° o feet iispeii Zoning Ordinance ADVERTISER FOR THE SAME PUBLICATION,
spare feet. specifically to allow for
The properties included required parking within
SET IN THE SAME SIZE � AND PUBLISHED
pro n annexation, subdivision
initialion the special Larking THE SAS NUMBER INSERTIONS.
zoning and subdi�riion ,:�
,Can be described as As- Maintenance District
sessors Tracts 3ABB,Cho. 2 powntown i aiis-
A. 3Ai, 3A, and pelf) to be met by a
3A A located within ash -ire -lieu of parking
Section 12, Township payment. in addition, it
28 North, Range 22 is proposed that Special} 3
West, Parking Maintenance Subscn'bed and sworn to
District'No. 2 boundary
(Appendix Bt Figure Before me this MAY 3 , 2 'J
2. A request bar Wayne
be expanded to include
Turner to amend Empire
the Kalispell Center Mail
} r `
Estates Phase and bounded
# eater
a#d i Sots to the ap- street, Fifth Avenue :
priced preliminary plat. ��
�-,use � ir�ld � Test, the r _ ..... • 5� r F
Tracks and North main
acres with weliminary treet.
plat approval for 64 lots. ...
Due to a change in a - oouments pertaining
Tess to Phase and to the agenda items are
5 desi n of the s bdivi.- on file for public inspeo- Notary Public for the State of Montana
lion roads and lots the Lion at the C aiis etl -
o-v, ii er vices left with - l Tannin Department.
Residing � Kalispell
diti nai land outside of 1 second street East. My Co=ission expires 9/11/09
;-,41 :- reii inar ap-
ite 1'I r Kalispell,.,_,��
r:; eery -ot�s. It is on this
;tl , and are
€ e V# ie own-bleor publ-a lanet
rW�astina to add
-
,
during �e u� r
' L . the property is hOUrs.
, R-4 f
, Two
Famoy
" m n� ia�y. �,Tj he pr o—
rl'J f ad I be er,C-b e a
.ems r.x
LJ k. r. J, Vti} rev tit <'<� i`', yf{,