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1. Resolution 5099 - Preliminary Plat - Sunnyside Place
REPORT TO: FRAL SUBJECT: Cl*ty of Kali*spell I'aaning Department 7 - 2 "dSued East, Suite 211, .Kalispell, .Montana 5990 Telephone: 06) 751-1850 Fax: o 75 -1 5 Writ: kal'seaing.om KahspeH Mayor and City council Sean Conrad, senior Planner ar es H. Patrick, city Manager rehminary Plat Approval of Sunnyside Place - 1125 Sunnyside Drive MEETENG ATE: March 15, 200 BACKGROUND: This is a preliminary plat request for a. fire lot minor subdivision o an existing residential tial .ot Located. at 1125 Sunny i e Drive in Kalispell. The site is 2.07 acres in size e and contains tams an emsti.g single family residence, garage and a barn. The property is zoned -2, single Family Residential, and lies at the northwest corner of the intersection of S nnyside Drive and Ashley Dave. The five lots would range in size from 13,540 square feet to 27,080 square feet. The owners wffl be required to extend water and serer main lines to sere the proposed lots as well as upgrade a porfion of Ashley Drive to city standards. RW NOMMNDA ' motion to approve the preliminary plat with the 1 conditions attached in staff report KSR-- 2 would . e in order. FISCAL EFFECTS,: Positive impacts once fully developed. ALTERNATIVES: s suggested the city Council. Respectfully bn 'tted, # .v Sean Conraddes H. Patrick Senior Planner City Manager Report compiled: March 15, 2006 Attachments: staff Report KSR- -2 and application materials c: Theresa White, Kalispell City Clerk DMK Development, 1.125 Sunnyside Drive, his ell, MT 59901 Jackola E .gm*eefmg, P.O. Box 1134, Kalispell, MT 5 o3-113 RESOLUTION No. 5099 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT of SI NNYSI.I E PLACES MORE PARTICULARLY DESCRIBED AS LOT 6 of SUNNYStDE PARK LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, .M.M,, FLATHEAD COUNTY, MONTANA. WHEREAS, Donald and Mary Kruse, the owners of the certain real property described above, have petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of section 2.0 (Preliminary Plat Process -Minor Subdivision), Subdivision Regulations of the City of Kalispell, and WHEREAS,, the Kalispell Planning Department has reviewed the proposed subdIvision and made a report ISM.-o -2 to the City Council of the City of Kalispell, said report considering the criteria set forth in Section -3- 8 MCA., and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of March 20, 2006, reviewed the Kalispell Planning Department Report #KSR-06-2, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE., BE IT RESOLVED BY THE CITY COUNCIL of THE CITY OF KALISPELL,, M NT ETA AS FOLLOWS: SECTION. :. That the F ind Ings o f F ac t co tained in Kali spe I I P I anning Department Report KSR- --2 are hereby adopted. as the Findings of Fact of the City Council. SECTION II. That the application of Donald and Mary Kruse for approval of the Preliminary I I at of S unnyside Place, Kal Isp el 1, Flathead County, Montana is hereby approved subject to the following conditions: That the final plat for the subdivision shall be in substantial compliance with the approved Preliminary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat) . New Infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Ka ispell's Standards for Design and Construction. and Montana Public Works Standards; and shall be certified y 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 water and sewer main extensions to serve the subdivision and improvements is to Ashley Drive as follows: Curb, gutter, boulevard and sidewalk shall be installed along Ashley Drive as it abuts the subdivision. * A pedestrian ramp and crosswalk shall be installed o provide access across Sunnyside Drive and Ashley Drive. Redesign of Ashley Drive to accommodate .e a horizontal alignment with a design speed of 30 mph. (Kalispell Design and Construction Standards) . A letter from the Kalispell Public Works Department stating that the new infrastructure has been accepted by the City of Kalispell. (Kalispell Design and Construction Standards) . The required boulevard along Ashley Drive shall be a minimum of 5 feet wide and landscaped in accordance with the Kalispell Street Tree Ordinance and a plan approved by the Kalispell Parks and Recreation Department. (Kalispell Design and Cons r ctio . Standards) 5. The owner shall dedicate to the city are additional 10 feet of right-of-way along the s . divisions frontage on Sunnyside Drive. The owner shall also dedicate 10 feet of right-of- way along g the subdivision's frontage on Ashley Drive in addition o provid-ing adequate right- of-way in order to accommodate the redesigned horizontal alignment of Ashley Drive. (Kalispell Subdivision. RegLilations Section 3.09, Table 1). Vehicular access from Lot 5 to Sunnyside Drive shall not be permitted. This statement shall be included on the final plat. Findings of Fact, Section A , That a. note shall be placed on the face of the final plat stating that all lots within the subdivision shall waive their right to protest the creation of a special improvement district for the future upgrade of Sunnyside Drive. (Kalispell Subdivision Regalations Section 3.0 ,(J)) . The existing fencing within the new right-of-wayboundary shown on the preliminary plat shall e removed or relocated outside of the newly dedicated right-of-way. Findings of Fact, Section D) 9. The existing garage and barn shall be removed or vacated an the same lot as the existing house. (Kalispell Zoning Ordinance, Section 27.22.020(3)(g)) . The developer shall provide a. letter from the U.S. Postal Service approving the plan for mail service and. when. a facility or impr� vern.ent is required, said �r provern.en s s a installed or bonded for. These improvements shall also be included in the plans to be reviewed by the Public Works Department. (Kalispell Subdivision Regulations, Section 3.22). 11. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.1 , 12. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. Erosion control measures must be in place during .g construction and. remain in place until the site is sta IlIzed. 1.3. The fire hydrant shown on the preliminary plat located between lots 3 and 4 shall be relocated to the northwest comer of Sunnyside Drive and Ashley .give. A letter from the Kalispell Fire Department approving flfthe hydrant locations shall be included with the final plat. (Findings of Fact, Section A) 14. That preliminary plat approval shall be vand for a period of three years from the date of City Council approval.(Kalispell Subdivision Regulations, Section 2.04). SECTION 111. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL .AND SIGNED BY THE NIAYR OF THE CITY of KALISPELL, THIS.20TH DAY OF MARCH, 2006. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk D.M.K. DEVELOPMENT S ' i� �.II ACE SUBSION REPORT KSR-06 - 2 MARCH 14, 2006 report to the Kakis eR City Council regarding a request for rel�r�ary plat approval for a five lot residential subdivision. BACKGROUWD INN: This is a rem'fira.ry plat request for a five lot minor subdivision an emsting residential lot located at 1125 Sunnyside Drive in KahspeU. The site contains an existing single family residence, garage and a barn* The property s zoned R-2, Single Fly Residential, and lies at the northwest comer of the intersection ti Sunnyside Drive and Ashley Drive. der: Donald & Mary use MK Development 1125 Sunnyside Dr Kalispell, MT 59901 (406) 250-1806 B, al Assistance: Ja k a Engineering P.O. Box 1134 Kalispell, MT 59903 (406) 55-328 C. Nature f the Request: This is a request for a five lot residential subdivision.. The existing lot is 2.07 acres in size. The five lots would range in size from 13,540 square feet to 27,080 square feet. D. Location and size of Propel: The address of the property is 1125 Sunnyside Drive and the site lies at the northwest comer of the intersection of Sunnyside Drive and Ashley ley Drive. The property contains approximately 2.07 acres. It has 314 feet of frontage along Sunnyside Drive and 581 feet of frontage along .s ley Drive. The property can be described as lot 6 of Sunnyside Park, located in Section 18, Township 28 New, Range 21 West, P.M.M. , Flathead County, Montana E. Existing land use and zoning: The property currently has a single family residence that will be retained on proposed Lot 2. A garage and barn are also located on the property in the area. of proposed Lot 1. F. Adjacent. Land Uses and Zoning: This property is located in an urbamlzing area of the city with smaller .er singje family and townhouse lots to the south and larger single Family residential lots to the now, south, east and west I North: Single-family homes; County R- 1 zoning East: Single-family y hones; County R -1 zoning and City R-4 zoning South* Slr g.e-familyhomes/ townhouses; County R-1 and City R- nin. West. Single-family homes; County R-1 z nm'g G. Proposed Availability of Utilities/ Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Electric: Flathead Electric Cooperative Phone: Cent .ryTel Police: City of Kalispell Fire: Kalispell Fire Department Natural Gas: Northwest Energy Cable.- Bresnan Communications Schools: School District 5 , Kalispefl REVIEW AND FUMINGS OF FACT This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell City subdivision Regulations. Effects on Health and Safety: Fire: This subdivision is In the service area of the Kalispell Fire Department. The property can be considered to be at low risk of lire because the subdivision and homes Within the subdivision would be constructed in accordance with the Uniform Fire Code and have access which meets city standards. The preliminary plat Md cates a new 8-Inch water maim will be extended from the intersection of Sunnys de Drive and Ashley Drive north along the western and southem road right-of-way boundaries of shley r*ve. This wiH allow the placement of two new hydrants along Ashley Drive to serve the subdivision. Upon reviewing the preliminary plat the Fire Department has recommended moving the proposed hydrant between lots 3 and 4 south to the intersection. of Sunnysd e Drive and Ashley Drive. This would aHor the Fire Department t defend the existing house on proposed lot 2 as well as future structures on proposed lots 3# 4 and 5. A hydrant at this location will also allow the Fire Department to address structural Tres within the proposed subdivision without having to connect to an existing hydrant on the south side of S nnyside Drive, thereby closing off the road* FloR The property is located outside of the 100 year floodplain pursuant to the Flood Insurance Rate .map FIRM Community Panel Number 3000231815D, revised September 30, 1992. Access: Access to proposed loot 2 would be from the existing driveway off of Sunnyside give. The remaining .ning proposed lots would be accessed from Ashley Dave. In reviewing the preliminary plat, the Public Works Department recommended that proposed lot 5 be accessed off of Ashley Drive only because horizontal al.ig=er t of Sunnyside r ve l=ts the sight distance to the west from the intersection with Ashley give. 1 . Effects on Wildlifeand Wildlife Habitat: The site is not mapped with C-My big game winter range and does not provide significant habitat to wildlife and does not host any significant or endangered wildlife. C. Effects on the Natal Environment: Surface and o ndwater: This subdivision will be served by public water and sever thereby rr ininu'zir g any potential impacts to the groundwater. The closest surface water is Ashley Creek which lies approximately oo feet to the east of the property. No impacts are anticipated by the development t of this property. �- This property' i raffia. e general is level and does not pose any challenging development constraints. The stormwater generated from the site will be required to be maintained on site sfce there is no City storm drain system in the immediate area. stormwater management will be reviewed upon further development of each of the proposed lots through the site plan review process. 1. Effects on local Semis: Water: Water service to the subdivision would be provided by the City of Kalispell and taken from a water main which will be extended along the frontage of the propel in the Ashley Drive right-of-way. 'here is adequate caciY a. within. the City's water system to accommodate this development. t. Individual hook ups and meters will be required for each. lot. Sever: Sever service will be provided by the City of Kalispell.. A. -M ch sever lire is shovn on the preliminary plat being extended from the Sunnyside Drive and Ashley Drive intersection north along the Ashley give right-of-way. There is adequate capacity within the sewage treatment plan to accommodate this development. Roads: Sunnyside Drive and Ashley Drive are paved roadways approximately 22 feet wide and are both constructed within a 0-foot road right-of-way. The Kalispell ell subdivision regulations re .re local roads to have a minimum road right-of-way width of 60 feet. In order to bring the road right-of-way widths closer to compliance with the subdivision regulations the owners are dedicating o feet of right-of-way along the property's frontage along Sunnyside Drive and Ashley give. By providing the additional road right-of-way an existing fence will be located within the new road n'ght-o moray boundaries. Therefore, the Public Works Department has recommended that the emstir g fencing withm 3 the new right-of-way boundary be removed or relocatedoutside the right-of- way. This right-of-way dedication is shown on the preliminary plat as well as the location of the existing fence. Upon reviewing the proposed subdivision the Public Works Department noted the following issues: * Sunnysi e r ve and Ashley Drive d.o not currently meet the Standards for Design and Construction for a city street. All of the proposed lots lack pedestrian access. In order to mitigate these issues the Department has recommended the following conditions: The owner shall dedicate additional right-of-way so that Ashley Drive shall e redesigned to accommodate a horizontal a .l went with a design speed of 30 mph. (Kalispell Standards for Design and Construction Section ll- Curb, gutter, boulevard and sidewalk shag be installed along Ashley Drive as it abuts the subdivision. pedestrian ramp and crosswalk shall be installed to provide access across Sunnysi e Drive. Kalis eH Standards for Design and. Construction) 0 All lots within the subdivision shall waive their right to protest a. Special Improvement District S1 for S n .yslde Drive. The Kalispell Groff Policy, chapter 3 Land Use: Housing, Polley 10 discusses urban residential development regarding densities, housing types and infrastructure. item d. states that urban and high density residential areas should be fully served. by urban infrastructure and municipal services, including paved sheets, curbs, sidewalks, landscaped boulevards and pubhc water and sewer. With the proposed mitigation measures in place, the portion of Ashley Drive fronting the lots would be brought into compliance with the City's design and construction for streets as well as comply rith Policy 10 of Chapter 3 of the Kalispell Groff Policy. Although Sunnys .de Drive does not currently meet the City f Kalis ell.'s design and construction standards for streets the Pubhc Works Department has not recommended Sunnyside Drive, along the subdivision's frontage, be brought up to City standards at this time. instead, the Department is recommendffig a condition e placed on the fmal plat requiring all lots within n the subdivision t waive t leIr night to protest the creation of a future Special Improvement District (SID)for S nnyside Lave. Schools: This development is within the boundaries of the Kalispell School District #5. The school district could anticipate that an additional two school aged children night be generated into the district at fuR build out. This number is used because it takes into account pre-school aged children, home school education options and private school education options. Not all of the children who live in the subdivision will be attending public schools. The II additional children oss l y enter .g the school district would not have a. significant impact on the district. Parks and Open Space. Section 3.19.B of the Kalispell Subdivision Regulations exempts nor subdivisions from the parkland / open space requirement. Pohce: This subdivision would be in the jurisdiction of the City of Kahs eH Ponce Department. The department can adequately provide service to this subdivision, however the cumulative r, acts 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. Fire Protection.: Fire protection services will be provided by the Kakis ell Fire Department. t. Fire risk is low because of good access and fairy level terrain and. the urban environxnent. In addition., the owner will be installing two hydrants is along Ashley Drive in order to provide improved fire suppression for the subdivision and area in general. Solid Waste* Solid waste will be handled by a private contractor as the property was recently annexed. There is sufficient capacity within the landfAl to accommodate the additional solid waste generated from this subdivision. Medical Services: Ambulance service is available .e from the fire department and .ART helicopter service. Kalispell Regional Medical Center is close, less than three miles from the site. E. Effects on Agriculture and agTicultural water user ' fii ; The site has not been traditionally used for agricultural purposes and is well suited for urban residential development. Its location within the planning nning Jun'sdiction and its proximity to urban services makes this property appropriate for the type of development being proposed. 'here will be no impact on. agricultural uses within. the Valley and no impact on agricultural water user facilities since this property will be served by a pubhc water systems.. F, compliance with the Kalispell Groff PoUcy: This property was recently annexed into the City of Kalispell and therefore the subdivision must be consistent with the Kalispell Groff Policy. The future land use map for the rc ear * d'eates the property was anticipated to e developed. as Urban Residential. Areas designated as Urban Residential are anticipated ate to be seared by community grater and sewer and have good access to services and public facilities. This lan.d use designation anticipates a density of three to 12 cell r g units per acre. The proposal would be built at a density of slightly higher than 2 units per acre. With the extension of grater and sewer lines to serge the proposed subdivision and partial upgrading of the adjoining streets, this subdivision is m compliance with the Kalispell Groff Policy and its goals and Policies. 5 G. Compliance with Zoning: The property is zoned R- 2 , Single Family Residential, which is Mtended to provide adequate lot areas for urban residential development. The minima lot size requirement is 9,600 square feet and a minimum lot width of 70 feet. The proposed lots within the subdivision comply with the zoning for the site. The 2.07 acre lot currently has a house, garage and barn located on the western calf of the property, The preliminary plat indicates that the house could be located on proposed lot 2 with the garage and barn to be located on proposed lot 1. Section 27,22. 20 3 g of the Kalispell Zoning Ordinance states that no accessory structure or use shall e constructed .cted or esta hs ied 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 the garage and bares to remain on proposed lot I would be in violation of Section 2 .22. 2 3)(g) as both are considered accessory structures to a single `a.m- ily residence. A note on the rehnu*nary plat indicates that the owners will either move or remove the existing barn.. However, in order to funy comply with the zon-ing ordinance the garage and barn v'.11 need to be removed or located on the sane lot as the existing house. Compliance with the KaUspell Subdivision Relations: This subdivision complies with the State and local subdivision regulations and no variances are being requested. RECOP43MNDA I N Staff recommends that the Kalispell City council adopt staff report KSR-0 - 2 as fmdings of fact and approve the rel�nary plat subject to the following conditions: That the final plat .for the subdivision s afl be in substantial stantial compliance with the approved preliminary plat. (Kahspell Subdivision Regulations, appendix C - Final Plat) 2, New infrastructure required to serve the subdivision shall be designed and constructed cted in accordance with the city of Kalis ell's Standards for Design. and Construction and. Mortara Public Works Standards; and shall be ceded by an engineer licensed r the state of Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include water and sewer main extensions to serve the subdivision and improvements to Ashley Drive as follows: 0 Curb, gutter, boulevard and. sidewalk shall be installed along Ashley fey r ve as t abuts the subdivision. pedestrian ramp and crosswalk skull be installed to provide access across Sunnyside Drive and Ashley Drive. 0 Redesign. of Ashley Drive to accommodate a horizontal alignment with a. 0 design speed. of 30 mph. (Kalispell Design and Construction Standards) 3. A letter from the Kalispell Public Works Department stating that the new infrastructure has been accepted by the City of Kalispell.. l a.lis eR Design. and Construction Standards) The required boulevard along Ashley ey Drive sha.11 be a um of 5 feet vide and landscaped in accordance with the Kalispell Street Tree Ordinance and a plan approved by the Kalispell Parks and Recreation Department. (Kalispell Design. and Construction Standards) 5. The owner shall dedicate to the city an additional 10 feet of right-of-way along the subdivision's frontage on Sunnyside Drive. The owner shall also dedicate 10 feet of right-of-way along the su div s on"s frontage on Ashley Drive in addition to providing adequate right-of-way in order to accommodate the redesigned horizontal ahgnment of Ashley r ve. (Kalispell Subdivision Regulations Section 3.09, Table 1). . Vehicular access from Lot 5 to Sunnyside Drive shall not be permitted. This statement shall be included on the faunal plat. (Findings of Fact, Section A) . That a note shall be placed on the face of the final plat stating that al lots within the subdivision shall waive their right to protest the creation of a special improvement district for the future upgrade of Sunnyside Drive. Ka. s el.l Subdivision Regulat o .s Section 3.09,(J)) . The existing fencing within the new right-of-way boundary shown on the preliminary plat shall be removed or relocated outside of the newly dedicated right-of-way. (Findings of Fact, Section. D) The existing garage and barn shall be removed or located on the same lot as the existing house. (Kalispell Zoning Ordinance, Section 2 .22 # o2 o 3 g) 10. The developer shad. provide a. letter from the U.S. Postal Service approving the plan for mail service and when a facility or improvement is required, said improvements shall be installed or bonded for. These im roveme .ts shall also e included in the plans to be reviewed by the Public 'Forks Department. (Kalispell Subdivision Regulations, Section 3.22). 11 * All utilities shall e installed underground, (Kalispell Subdivision Regulations, Section 3.17). 12. All areas disturbed during development of the subdivision shall be re -vegetated with a reed -free mix immediately after development, Erosion control measures must be M place during construction and remain in place until the site i 7 13. The lire hydrant shown on the preliminary plat located between lots 3 and 4 shall e relocated to the northwest corner of s n ysi e Drive and Ashley D e. letter from the Kalispell Fire Department approving of the hydrant locations shall e included with the final plat. lair it . s of Fact, Section A) 14. That prelims ark' plat approval shall be valid ` r a period of three years from the date of city council cil approval. (Kalispell Subdivision Regulations, Secfion 2.04). SC 8 City of Kalispell Planning Department 2nd street Easy, suite 2 11 , Kalispell, Montana 59901 Telephone: o6) 751-1850 Fax: o 5 -1858 MINOR SUBDIVISION EIMI ARC' PLAT APPLICATION FEE SCHEDULE: Minor Subdivision... 5 or fewer lots) Mobile Home Parks & Campgrounds 5 or fewer spaces - land is not subdivided) Amended Preliminary Plat Amendment to Conditions Only Re -configured Proposed Lots .add Additioncal Lots or Sublots Subdivision Variance Commercial Subdivisions SUSION NAME* SNYSME PLACE OWNER (S) OF RECORD: FEE ATTACHED:00 $350 + loo/lot $350 + 100%space $350 base fee Base fee plus $40/lot Base fee plus $100/lot $ 100 (per variance) Add $200 to base Preliminary plat fee Name D. M . K. Deve t Phone 2 50- so Mailing Address 1125 Spa. .ri. si .e Drive City was ell State Montana Zip 59901 TECHNICAL/ PROFESSIONAL PARTICIPANTS Surveyor/ signEngineer, etc.): Name & Address Jackola Err ineepLn P.O. Box 11,34, Ka ., Mt. 59903 Name & Address .dare & Address LEGAL DESCRIPTION OF PROPERTY: City/ Corr ralis e Street Address 112115 Sun side Drive Assessor's Tract No. s) 610550 Lot Nos Bunn side Park 1./4 see SW section 18 Township_ .................28N . Range 2 W GENERAL DESCRIPTION OF SUBD SIONO Number of Lots or Rental Spaces 5 TotaJ Acreage in Subdivision 2.071 Acres - Total Acreage in Lots 81 240 S.F. Minimum size of Lots or spaces 13,540. S.F. Total .crea e in Streets or Roads-82961 S.F. Maximum size of Lots or Spaces 28,900 S.F. Total Acreage in Parks, Open Spaces and/or Common Areas NZA�� 1 PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family .5 Tow-nhouse Duplex Apartment Commercial Industrial Condominium Multi -Family Mobile Home Park Recreational Vehicle 'ark Planned Unit Development Other - APPLICABLE ZONING DESIGNATION & DISTRICT C 2 ESTIMATE OF MARKET VALUBEFORE IMPRUVEMENTS.�.. $1 E 80,300 IMPROVEMENTS TO BE PROVIDED. , s:Grave Paved XC r Gutter Sidewalks Alleys Other ................... Water System: Individual Multiple User -Neighborhood Public X Other Sewer System: Individual Multiple User Neighborhood Public X Other Other Utilities: Cable TV X'Tele . e X-Electric —X-Gas X . t er Solid Waste: Dome Fick Up X Central Storage Contract Hauler Owner Haul Mall Delivery: Central Individual . ..............X School District: School District Fire Protection: Hydrants X Tanker Recharge Fire District: _City Kalispell Drainage aSystem: PROPOSED EROSION/ SEDIMENTATION CONTROL: Erosion Control Fei �h H dales VARIANCES: ARE ANY VARIANCES REQUESTED? N (yes/ no) Iyes, please complete the information below: SECTION/REGULATION OF REGULATION'S CREATING SHIP. EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT CONFERNCE P REGULATIONS. PROPOSED ALTERNATIVE(S) TO STIR COMPLIANCES ABOVE REGULATIONS: 2 PLEASE ANSMTER THE FOLLOWING QUESTIONS THE SPACES PROVIDED BELOW: 1. Will the granting of the variance be detrimental to the public health, safety or general welfare or injun'ous to other adjoining properties? 2. Will the variance cause a substantial increase in public costs? 3. Will the variance affect, in any manner, ner, the provisions of any adopted zoning regulations or Master plan? . Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the ar s ip 5, Wha.t other conditions are unique to this property that create the need for a variance? 91 "PLICATION CONVENTS: The subdivider shall submit a complete application addressing items below to the Kalispell Planning epartmen at least thirty five 3 5 calendar days prior to the cute of the Kalispell City Council meeting at which it will be considered, unless other arrangements have been mace with the planning staff. Submittals shall include: 1. Preliminary plat application. 2. 5 copies of the preliminary plat. 3. one reproducible set of supplemental information. . (See Appendix A o Subdivision Regulations for the city where the subdivision is proposed,) 4. one reduced copy of the preliminary plat not to exceed ." x 7" in size. . Application fee hereby certify under penalty of peer . y 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 infonnation or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell Planning staff to be present on the property for routine o ito . and inspection lo, during the approval a development p7rocess•� (Ap licant, VLO (�jj n4e M ( (ate) ,turnD.M. K. Development 1125 SunnySunnyside Drive Kalispell, Montana 59901 E L RATION OF CONDITIONS, COVEIIASTS AND RESTXICTIONS F SUNNYSIDE PLACE THIS DECLARATION is made this day o , , by D.M.K. Development, 1125 Sunnyside Drive, Kalispell., Montana, 59901, hereinafter referred to as the Declarant. RECITALS . The Declarant has filed a plat of certain lands i City Qf Kalispell, Flathead County, Montana, known as SUNNYSIDE PLACE, which the Clerk and Recorder o said County on the day of , 2006, as Document Number in File .se in Plats, as Abstract Number .............................................................. . The Declarant is the owner of all the lots in said SUNNYSIDE PLACE and is desirous of subjecting said real property to the conditions, covenants and restrictions hereinafter set forth, each and all of which are for the benefit of said property and for each owner and contract purchaser thereof, which shall insure to the benefit of and pass with said property and each and every parcel thereof and shall apply to and bird the successors in interest of any owner or contract purchaser thereof; € , THEREFORE, the Declarant, having established a general plan for the improvement and development of said property, does hereby establish the conditions, covenants and restrictions upon which and subject to which all the property and any portions thereof shall be improved or sold and conveyed by them as owners and hereby declare that said property is and shall be held, transferred, sold and conveyed subject to the conditions, covenants and restrictions hereinafter set forth which are to run with the land and shall be binding upon, all successors in interest o the Declarant and the present owners. ARTICLE DEFINITIONS Section l: ssc.ato" shall mean and refer to the Sunnyside Place Homeowner's Association, which shall be a association with each lot having one member on the Board of .rectors, its successors and assigns Section 2: "Properties" shall mean and refer to that certain property described herein as Sunnyside Place. ""Properties shall also mean and refer to any addition o read, properties as may hereafter be brought within the jurisdiction of the Association, except that such reference shall in no way subject such additions to the Protective Covenants hereinafter set forth. Section "Lot" shall mean and .refer to any plot of .lard shown.. upon any recorded subdivision map of the properties. Section "Member" shall mean and refer to every person or entity who is a member of the Association. Section "Owner"' shall mean and refer to every person or entity who is a record owner of a fee, or undivided fee, interest in any lot which is subject by covenants of record to assessment by the Association. Record owners who have sold any lot under a contract for Deed shall be considered the owner for a.l purposes herein Persons or entities having an interest in ay lot merely as security for the performance of are obligation are hereby excluded. Section "Declarant" shall mean and refer to D.M.K. Development. ARTICLE Il PROTECTIVE COVENANTS The real property described above 's subjected to these conditions, covenants and restrictions hereby declared to insure the best use and the most appropriate development are improvement of each lot created; to protect the owners and contract purchasers of tracts of lard against such improper use of surrounding building lots as will depreciate the value of their property; to preserve so far as is practicable the natural beauty of said property; to guard against the construction of buildings of .improper or unsuitable material,; to insure the highest and best development of said property; to encourage and secure the construction of attractive buildings and to provide for high quality improvements on said property and thereby to enhance the values of improvements made by purchasers of lots. Section 1: Interference With Easements. Easements for Installation and maintenance of utilities and drainage facilities are reserved over, under, and across affected lots and granted to the present and future owners of lots benefited as such easements are shown on the recorded plat of Serenity Lane Addition and for the use and benefit of any lot owners of any other property annexed as provided shall 1. be placed underground, Any lot owner who shall place any building, improvement, t, shrub, hedge or tree on any easement shall be required, without notice, at the request of any other affected lot owner or utility company to remove such structure, improvement or vegetation if such removal shall facilitate installation, repair or maintenance of utilities within said easement area Section Land Use And BuildingT e . No structure shall be erected, altered, placed or permitted to remain on any portion of any lot other than those in conformance with the underlying o 1. g district. No garage shall be larger than is convenient and necessary for the storage of three automobiles, boats or pickup trucks. Such other buildings as may be incidental to. residential use of the property are permitted, but in no case shall there be constructed or maintained any garage or storage facility larger than is necessary to accommodate a conventional pickup truck and camper or boat and trailer in excess of twelve l feet in height other than the existing structure. o trade, craft, business, profession, commercial o manufacturing activity at any time shall be carried on r conducted from any of the residences. However, those arts, crafts or professions conducted solely by family members conducted entirely within residential structures shall be permissible as shall be instructional or child care activities such as music lessons, day care and nursery activities for no more than five children. No traffic shall be generated by such home activities in greater volume than would normally be expected in a residential. neighborhood. No equipment or process shall be used which creates visual or audible interference with any radio, television or telephone receivers off the premises or which cause fluctuation in electrical line voltage off the premises. No satellite television or radio receiver or antenna exceeding four feet in diameter shall be allowed on any lot unless it is screened from view. Section 3: Buildin2 Site. Dwellings shall be .located in conformance with the setbacks set forth by the underlying zoning district. Section it i Standards. The fol.lo ing construction standards shall be fol.lo red for all buildings dings placed on the lots aAll construction once begun shall be completed as to exterior finish within one l year after start of construction. b) No structure of any kind of what is commonly known as 'boxed" or 'sheet metal" construction sal.l be built or moved onto any lot. c No structure commonly described as "mobile home. or "trailer"shall be placed or remain on any lot for any purpose except that recreational vehicles and travel trailers may be kept and used Subject, however, refer to Section of this Article. No structure commonly described a "A -frame" shall be permitted on any lot. Each structure once constructed on a lot shall be kept In the same condition as at the time me of its initial construction, excepting only normal wear and tear. All structures shall be preserved and of pleasant appearance by maintaining paint, stain or sealer as needed. if any structure is damaged In any way, the owner shall., with due diligence, rebuild, repair and restore the structure to its appearance and condition prior to the casualty. Reconstruction shall be completed within one l year of the casualty. Section Seeding.., and Weed Control.. Wild weeds and grass shall be mowed on a regular basis to prevent them from reaching seed Stage. Whenever a structure is reconstructed on any lot. Section Pets.- All animals permitted m tte by this section shall be contained n within the boundarie,5 of their owneris lot. Section 7. Recreational Vehicles. Mobile gnomes, trucks not exceeding one -ton capacity, RV camper trailers, or boats Sall be allowed to park on any lot within the boundaries arie of their lot. Commercial or construction equipment may be stored on a lot Site or Street only during periods of construction. Sector Lot ...A2pearance. No part of any lot small e used to Store or place rubbish, trash, garbage, junk cars or other unsightly objects. Section : Setback lines. No building shall be located on any lot that violates o g setbacks. Section to : Exterior Maintenance. Each lot owner shall provide for exterior maintenance of their Structures including painting, staining, sealing and repairs. Each lot owner shall avoid accumulation of refuse, unsightly object or other material prohibited by these covenants, Section 11: Sewage. No individual Sewage disposal System shall be permitted on any lot. All lots are served by the City of Kalispell and Shall be required to use same. Section l : Garbage. All garbage cans used in connect -ion with any dwelling shall 1. be deposited in containers provided by the city of Kalispell or ogler disposal companies. Section l : Nuisances. No noxious or offensive activity shall be carried on or permitted upon any of the .dots, nor shall anything r be done thereon which may be or may become an annoyance or nuisance to the neighborhood; nor shall a lot be used in any way or for any purpose which may endanger the health or safety of or unreasonably disturb the residents of any lot. outdoor barbecues are not considered nuisances under this section. Section l : Boundary control Monuments. The Declarant has caused survey monuments to be placed on the corners o each lot. It shall be the res o .sIbility of the owner of each .lot to immediately provide for professional replacement of any survey monument that are removed, lost or obliterated from his .dot. CIE III MMOMI Section 1 : Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject by covenants of record to assessment by the Association in su .nysi.de Place shall 1. e a member of the Association; excepting, however, any person or entity who has sold or is selling any such lot under Contract For Deed shall not qualify as member of the Association. Every person or entity purchasing any such lot under a Contract For Deed ,shall be a member of the Association. The forgoing is not intended to include persons or entities who hold are interest merely as security for the performance of an obligation. Membership i shall be appurtenant to and may not be separated from ownership o the lot which is subject to assessment by the Association. Ownership of such lot shall be the sole qualification for membership. ARTICLE IV ENFORCE Section l: The Declarant or any lot owner sha.11 have the right to enforce by any proceeding at .haw or in equity all restrictions, conditions, ons, covenants and amendments now or hereafter imposed pursuant to the provisions of this Declaration. The failure of the Declarant, the Architectural control Committee or any owner to enforce any covenant or restriction herein contained shall not be deemed to be a waiver of the right to do so thereafter. . The de- clarant shall not have the duty to tape any affirmative action to enforce any restrictive covenants nor shall it be subject to any liability for its failure to so act. Section 2: The Board of Directors may riot.ify any owner violating any restrictive covenant specifying the failure and demanding that it be remedied within a period of thirty 0 days. if the owner fails or .refuses to remedy the violation, the Association, at the lot owner s expense, shall correct the deficiencies set forth in the notice. . the lot owner fails to reimburse the committee thirty o days after mailing a statement for correcting the deficiencies, the Association may institute a civil action to collect such sum of money together with court costs and rea ona d L L -L11 -L L14.� �,L*.-A- J ./ A ... - w _- � Associationor its agent for purposes of enforcing these covenants, shall be deemed a civil or criminal trespass. Section 3 : Attore ' s fees. If any person entitled to do so shall commence legal proceedings in court to enforce any provisions of this agreement, the prevailing party i such action shall be entitled to recover from the other party reasonable att or ey' s fees and costs of said action. Section se erabll t . Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect the remaining provisions which shall remain in force and effect. INWITNESS WHEREOF, the undersigned, being the Declarant .arar t herein, has hereunto caused this instrument to be executed the day and year first above written. STATE of MONTAN SS County of Flathead D.M.K. ee l net M On this day of 2006, before me, the undersigned Notary Public for the State of Montana,, personally appeared , and known to me to be a partner of D * M. K, Development and whose name is subscribed to the within instrument and acknowledged t e that executed the same N WITNESS WHEREOF, I have hereunto set ray hand and affixed ray Notarial Seal the day and year in this certificate last above written. James H. Burton Notary Public for the State of Montana Residing at Kalispell, Montana y Commission Expires oo Ci*ty of Kaliospell Planning Department 2 Street East Suite 21 1 Kalispell, Monte 59901 MEMORANDUM TOO Kalis eR city Staff Other interested. Parties Telephone: (406) 751-1850 Fax-. (406) 75* )1 - 185 8 FROM: Beau Conrad, Senior Planner RE: March 9thSite Review committee meeting D March 6, 200 The proposed subdivision divisio will go before the Site Development Review Committee the Kalispell Building Department on .march 9thand is tentatively scheduled for the March 16th Site Development Review committee should the Committee need more time in reviewmig the proposed subdivision. division.. request byD.M.K. Development to subdivide a 2.07 acre lot into Sunnyside Place, with 5 lots ranging in sip from 13,540 square feet to 28,900 square feet. The site is located at 1125 Sunnyside Drive and is legally described as Lot 6 of Sunnyside Park Subdivision located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The propel is currently in the County zoning jurisdiction and is zoned -1, Suburban Residential. At the March 6th city Council meeting the Council approved the first reading of an annexation request for the 2.07 acre lot and rezoning from. County -1 to city -2, Single Fly Residential. The attached subdivision proposal was submitted by Tim Birk. No formal subdivision application has been submitted and the Planning Department is treating this as a pre - application in order to provide comments to Mr. Birk on his proposal. The proposed subdivision me sides 66 lots on three lots totaling appromimately 20 acres. 'there are four homes currently on the 20 acre project site with the following addresses; 648 Scenic Drive, 652 Scenic Drive, 109 Reserve Drive and 111 Reserve Drive. The homes are served by Evergreen water and sever at this time. As the attached vicinity map indicates, the surrounding area includes lots ran 'ng from 1 acre to 15 acres in Me. The density proposed for this subdivision would be two to three times the average density of the immediate area. if you reed additional information regarding these projects please cal. me. Sunnyside Place subdivision has been tentatively scheduled for the Marc. loth City Council meeting. Any comments on the subdivision. should be to the Planning Department by March 1. th. Thank you for tang the time to review and comment. w atta meats w F. Ray Rufatto, Fire Dept, Mike Baker, Parks and Rec .dames Patrick, City Manager P.J. Sorenson, Zoning Admimistrator Roger Krauss, Police Dept. Frank Castles, City Engineer Jim Hansz, Pubhe Works Director Mark Crowley, Construction Manager Sandy Wheeler, Community Redevelopment Susan Mayer, Commumity Development Director Craig K r ma ., Chief Building Inspector Charles Har m. , City Attorney MT, local MDOT,, Land PlanningDivision Helena School District N. w attachments: Applicants t""rtmen of � l�Works"'e a ILA Post Office Box 1997, Kalispell. M -1 Telephone - * Fax .1 o; Sears Conrad From: Mark Crowley, Construction Manager4e,,,�, Date: March 9,2006 Re: Preliminary Plat of Sunnyside Place Dear Sean; Thank you for the opportunity to review the plans for the above -mentioned .ed divisio . In reviewing the plans for the site, I noticed a few situations that should be addressed at this time. This street does not currently meet the Standards for Design and Construction of a city street. )-e- AR of the proposed lots lack pedestrian. access, The .or' on.ta . alignment .ment o Sunnysid.e Drive its the sight distance to the west from this intersection with Ashley Drive. have a fewdraft conditions of approval to add that would serve to mitigate the above issues: The applicant shad. dedicate additional right-of-way so that Ashley Drive shall be redesigned to accommodate a horizontal alignment with a design speed of 30 mph. (KalispellStandards for Design and Construction - . );;�o Curb, gutter, boulevard and sidewalk shad be installed along both. Sunnyside eve and Ashley Drive as it abuts the subdivision. A pedestrian ramp and crosswalk shall e instaUed to provide access across Sunn.ys de Drive. (Kafispeu Standards for Design. and Construction). Lots 1, 3, 4, & 5 shall be accessed from. Ashley Dive. Vehicular access from Lot 5 to Senn ysid e Drive e shall not be permitted. Again, thank you for the o orturnity to comment. Feel free to contact this office if we can he of further assistance. y ��74 IFF;04! 1 11111 1 111 �� 'I ll� III + �iv.', -."'. aryl - '� r+ In. Ir . 42 I k-v Ax 7N. N, I , } 4�'AC'"'S. � "moo' +�.. *R � �: y�h,�. '._\*i # � %'�k�''.'' h�'�' i�-`'� }a.-:' �. � v'.} M1'i wlm� 11B 1DC 11A 'lid 11DB Suij ,;Pro 7 7r 0 i1DA 0 %z ommom 9 9A wiF 3 ........ ..... 35 loc 10D I< pq 10 N J TY A 0 10 7 37 �_ �� , TY -L_j 7AAA 3 9 26 2T2 2,;122 0 25 cft 1 W 4 5 3;' (DB 2 j jr � 2 22 181192 C) 6CA -4 212li'Z3 15 20 17161 4...... ......... . ...... ...... VICINITY MAP SCALE 1 soo' DMK DEVELOPMENT/DONALD & MARY KRUSE PRELIMINARY PLAT SUNNYSIDE PLACE A 5 LOT SINGLE FAMILY SUBDIVISION ON 2.07 ACRES IN THE R-2 (SINGLE FAMILY RESIDENTIAL) DISTRICT PST DAM 3/13/06 FILE# KSR-06-02 H:\gis\site\ksrO6—O2.dw8 P'HL—L.I14 WARY PL.A I- �Am al SWDWISKW PLAT CIF BEN6 AN AMODED W8L-V vtsresa PUT OF 0000 xemw ETY✓A£FR+C a .a+a+r£CreArr; ec LOT 6, SUNNY SIDE PARK Q ❑ O C rt55 iP0 AvFreR "IT _:SUC(.: -. .7 SRD aax•,D r u ra+[R �`�"j4� ffJj�\�� /J lf�f ///f�j ¢J'�''/�� ®;{�,q¢p��' -s a 5 n as w 0000 RALrsFfi; Frr swa l4�/ �S/ J Q J C ! 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