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09. Conditional Use Permit - Hershberger - Autumn Creek SubdivisionREPORT FROM: SUBJECT Ci*ty of Kali*spell 'Planning Department 7 - 2nd Strom East, Suite 211, Kalispell Montana 5990 Tclepbn: (406) 751-1850 Fax: (406) 5 -l858 Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, city Manager Conditional Use Permit for four tovmhouses in the Autunm creek Subdivision MEETING DATE: October 2, 2006 BACKGROUND: This is a request from Lee are.. Linda Hersh erger for a conditional use permit to allow the creation of two tiro-umot townhouse lots in a 20 lot subdivision known as Autunm creek, Subrm*tted concurrently with this conditional use permit is a preliminary plat, along with a. petition for annexation and an it tial zoning designation f R -2, Suburban. Residential. The t w-nhou a lots would be located to on Lots 17 and 18 A&B as shoes on the re mi ary plat of Autumn Creep. The property is approximately 8.7 acres in size and lies north of US Hwy 2 West, approximately 1,100 feet on the cast side of Hathaway Care, 'he property can be described as Assessors 'bracts 6AAK, 6DI and AB locate. in Section 12, Township 28 North, Range 22 West, . M , lil } , Flathead County, Montana. The planning board field a. public hearing on August 8, 2006, and after hearing, the staff report and testimony from the consultant, the planning board recommended the City Council approve the conditional use permit subject to the 3 conditions listed in the staff report. REe MNDAT N: A motion to approve the conditional use permit would be in order, FISCAL EFFECTS: Positive impacts Dace fully developed. ALERNA rM: As suggested by the city Council. Respectfully submitted, } •. Scan Conrad Senior Planner Report compiled: September 22, 2006 Theresa. ate, Kalispell City Clerk `-4ams H. Patrick City Manager City of Kalispell P. o. Box 1997 Kalispell, Montana 9 -199 GRANT OF CONDITIONAL USE APPLICANT: Lee & Linda Hershberger 24212 SE 384th Street Enumclaw, WA 98022 LEGAL DESCRIPTION Assessor's Tracts . , .I , 6DI and 6AB In Section 12, Township 2 North., Range 22 West, P.M.M., Flathead County, Montana ZONE- R-2, Suburban Residential The applicant has applied to the Cl.ty of Kalispell for a conditional use permit to allow the creation of two two -unit o nose lots in a 20 unit subdivision known as Autumn Creek In an R- zone. Townhouses are allowed In the R-2 zone as a conditionally permitted use. The Kalispell City Planning Board and Zoning Commission, after er due and proper notice, o August 8, 2006, held a public hearing on the application, took public comment and recommended. that the application be approved subject to three 3) conditions. After revIewing the application, the record, the Kalispell Planning Department report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning ordinance, hereby adopts Kalispell Planning Depaftment Conditional Use Report KCU- - as the Co cil's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the creation of two two -unit townhouse lots in the R--. , Sub -urban Residential zoning district subject to the followmg conditions: I . That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other sped icat.i. ns as well as any additional conditions associated wi th the CUP as approved by the city council. (Kal 1 s pel I S ubdi v1slon Regulations, Appendix C — Pinal Plat) 2. Nor to issuance of a building permit for the townhouse units a s1te plan and elevations shall be reviewed and approved by the planning department. The townhouse units shall be designed so that they are not garage door oriented and the units differ M' design and. color. . The townhouse units shall be developed on lots I A & B and I A & B of the Autumn Creek subdivision. This use pelt shall not become effective .n it the Autumn Creek subdivision has been approved. .Dated this 2nd, day of octo e , 2006. Pamela B. Kennedy Mayor STATE of MOAN s County of Flathead On this day o , 2006 before me, a Notary Public, personally appeared Pamela I . Kennedy, Mayor of the City of Kalispell, :mown to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same o behalf of the City of Kallspell. N WITNESS WHEREOF, I have hereunto set my hand and. affixed ray Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at Kalispell, Montana My Cowl ion Expires City ot Kalispell Planning Department 7 - 2"d Strom East, Suite .1.11, Kalispell, Montana 59901 Telephone: (406) 5 . - 8 5o Fax: (406) 75 - 8 8 September 22, 2006 James H. Patrick, City Manager City of Ka .s ell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit for four townhouses in the Autumn Creek Subdivision DearJim: The Kalispell City Planning Board . met on August 8, 2006 and held a public hearing to * c r ser a request from Lee and Linda. Hers l erger for a conditional use pest to allow the creation of two two -unit townhouse lots in a 20 lot subdivision known as Autumn Creek. Submitted concurrently with this conditional of use permit is a preliminary plat, along with a. petition for annexation and an initial zoning designation of R-2, Suburban an Residential. The townhouse lots would be located on lots 17 and 18 A&B as shown on the rellnu'nary plat of Autunm Creek. The property is approximately 8.7 acres in size e and lies north of US Hwy 2 West, apprmdmately 1, 100 feet on the cast side of Hathaway Caine. The property can be described as Assessors 'bracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, . M. M. , Flathead County,, Montana Seams. Conrad, , with the Kalispell Planning Department, presented staff report KCf - - evaluating the proposal with staff' recommend .g approval of the use pest request subject to three conditions. During the public hearing the consultant representing the owners spoke in favor ofthe project. No one else wished to speak and the public bearing was closed. The planning board discussed the proposal and voted unanimously to recommend approval of the requested conditional use permit subject to the 3 conditions listed in the staff report. .ease schedule this matter for the October 2, 2006 regular City Council meeting. You may contact this boar. or Sean Conrad at the Kalispell Planning Department if you have any questions regar m' g this natter. Sincerely, Kalispell City Planning Board Timothy Norton President Attachments: Exhibit A -Conditions of Approval Staff report KCU-06-7 and application m .t l Draft Minutes from the plying board meeting wtt: Theresa White, Kalispell City Clerk w/o Att: Lee & Linda. Hershberger 24212 SE 3th Street Enumclaw, WA 98022 Thomas Dean & Hosts Attn: Mike Fraser 3 1 Three Mile Drive, Ste 1 Kalispell, MT 59901 TIT 'WMUSE `S �'�nvrr azzE AUTUMN CREEK SUBDIVISION AS RECOBUMNDIED BY THE KALISPELL CITY PLANNING BOA AUGUST 8, 200 The Kalispell City Planning i g Board held a public . ar g on this ratter at the regular meeting of the .arming board of August 8, 2006. The following con tions are recommended for the conditional use permit: That the development of the site shall be M substantial compliance with the application submitted, the site plan, materials and other specifications as well . as any additional conditions associated with. the CUP as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. Prior to issuancef a building permit for the townhouse its a. site plan are elevations shall be reviewed and approved y the planning department. The townhouse r is shall be designed so that they are not garage door on'ented a.d the units differ in design and. color. 3. The townhouse units shall be developed on lots 17A & B and 18A & B of the Autumn Creek subdivision. This use permit shall not become effective until the Autumn Creek subdivision has been approved.. SC AUTUMN CREEK sUBMSN REQUEST FOR CONDITIONAL USE PERAU KALISPELL PLANNING DEPARTMENT STAFF RIEPORT WCU-06- 'ems is a report to the Kahspell city P1a. g Board and Kalispell City Council regarding a request for a conditional use pe=it to allow the creation of two two -unit townhouse lots in a 20 lot subdivision proposed for annexation and an i�,tial zorlm'g of an R-2 residential zone. A public ems ; will be held before the planning board on August 8, 2006, in the Kalispell City council. Chambers. The plannmg board will forward a. recommendation to the city council for final action* BACKGROUND INFORMATION: �..Petitioner and Ow rs: Technical Assistance Lee & Linda Hershberger 24212 SE 384thStreet Enumclaw, WA 98022 Thomas Dean & Hosts. 31 wee Mile Drivel Ste 101 Kalispell, MT 59901 (406) 1-2 B. Summary Request* The applicant is requesting a conditional use permit to allow the creation of two two -unit townhouse lots in a 20 lot subdivision known as utunm creek. Submitted concurrently with this conditional use permit is a relirr nary plant, along with a petition for annexation and an i aitial zo o. designation of -2, Suburban Residential. it m the subdivision there would be two lots for two -unit townhouses for a. total of four townhouse su lots and 16 single family lots on approximately 8.7 acres. 'townhouses are allowed in the zoo district as a conditionaRy permitted use. The townhouse provision in the zon ordm' ance falls under Section 27.22.130, Sublots, and states the foll.owffi: well n s may be constructed on sulots within any zoruffig district which pets multi -family dwe gs, cluster housing, or townhouse dwellings. Sublots are subject to subdivision approval and, , if required, a conditional use permit. (1). Site Requirements. Sublots are eligible only within a recorded subdivision lot whose area is at least 6,000 square Feet. The allowable number of su lots shall be determined by diving the gross area of the platted lot by the density limits of the applicable zoning district. In the event that the design utilizes common ownership of common areas, the area of the lot(s) plus the common area shall be divided by the density limits of the applicable zoning district to determine the allowable number of su lots. In no case, however, shall a s . l of have an area less than 2,000 square feet nor more than one dwelling unit thereon. Building Limitations. The yard, height, and area requirements of the district shall apply to the entire area of the platted lot. Common ownership of the yards is em fitted. Bared interior property o ndary ies is anticipated to be developed at a zero lot line. Density is determined based on dividing the rx r=' um lot size requirements ents of the district In the R-2 zone of 9,600 square feet into the net area to be considered. The entire area included within the subdivision Is 8.7 acres Including approximately 1. 5 acres in a wetland area, 1.6 acres in roads and .029 acres in park. The total net area in lots Is 4.68 or 203,860 square feet. The maximum allowable density based on 9,600 square Feet would be a maximum of 21 lots. The proposed 20 lots are 'thin the total number of lots allo wed under this density. C. Size: and Location: The property proposed for subdivision a-nd this conditional use err ..lt contains apprommately 8.7 acres and lies north of US Hwy 2 West, approximately 1,100 feet on the east side of Hathaway Larne. The property can be descr* ed as assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, . M. M. , Flathead County, Montana. D. Esdtig Land Use and Zoning; The area being considered for this conditional use permit is currently tly ndevelo ed with. the exception of a pole barn at the south boundary of the property which will be removed. In the past the property was used primarily for grazffig or light agriculture. Currently this property is in the County zoning jun'sdiction and is zoned R-1, Suburban Residential, which has a one acre rrY.lmr m r . lot size requirement and Is typically in areas not seared by public water and or sewer. The property Is proposed for annexation and are. M' Itial zoning designation of R -2, Suburban Residential. The preliminary plat for the proposed. 20 lot subdivision has also been filed eons rTently with the con(htlonal use permit, annexation and zoning. The -2 zoning designation has a � ' Ural lot size requirement of 9,600 square feet and Is generally limited to single family detached houses, except as otherwise provided under the zonmg ordinance, i.e. a conditional use Pennit for townhouses or other non-residential uses listed in the district. E. Surrounding Zoning and Land Uses Zoning: This property is located in an area that cold be considered to be on the urban fringes of Kalispell with the City hrm*is within 1 mile of this area. Development pressures have not been as intense in this aarea as they are in other fringe areas around the City. All of the zoning s .rroundi this site is County R-1, Suburban Residential, a. district with a. one acre minimum lot size requirement t for newly created lots. The property is currently in the West Side Zoning District, but upon annexation would become part of the City of Kalispell with a. City zoning assignment. North: Single family residential, County R-1 zoning South-. Single family residential, County R- 1 zoning East: Undeveloped pasture land, City RA-1 zoning West: Single family residential, County -1 onm' g 2 F. Growth Policy Plan Designation; The KalispellKahspell City Groff Pohcy designates this area as Urban Residential and anticipates between three and twelve dweurdts per acre. Autu= Creek has a density of approximately 2.3 d crelhn s per acre. The proposal is in compliance with the growth policy's anticipated density and also furthers the goals and policies of the ;row policy by er couragmg a diversity of l ousi options In the community. G. Utilities Services: Sewer service; City of Kalispell Water service: City of Kalispell Solid Waste: Private contract hauler/City of Kalispell Gas: Northwest Energy Company Electric: Flathead Eleettic Cooperative Phone.- Centur Tel Police: City of Kalispell Fire; Kalispell Fire Department Schools: West Valley School District/Kalispell School District #5 EVALUATION OF THE REQUEST The application is reviewed in accordance with the conditional use review crlten' a in the Kahs el. Zoning Ordinance. 1 site Sty: a.. Ade ate Useable ace: The total area of the lots within the subdivision is . acres or 2o3,o square feet. Based on his area, the density of one dwelling per 9,600 square feet the density would be 20 dwelling units. The proposed 20 lots within the subdivision are within the total number of lots allowed under this density. Excluded from the net area calculations is a wetland area. co .tam' apprommately 1. 5 acres of unusable space that wil be owned in common, 1.60 acres in road and 0.2 of an acre in park. The proposed density complies with the omits of the R- 2, Suburban Residential, zoning district. . Adequate Access: .ccess to the lots will be provided from a new City street that will be constructed to current City standards with curb, gutter, sidewalks, boulevard and a paved 28 foot wide roadway. Hathaway Lane is a rural roadway with a pavement width of between22 to 24 feet and appears to be in fair condition with drainage swales and no pedestrian access. 'here will be some impacts from the proposed townhouses to Hathaway Lane. As part of the proposed subdivision filed concurrently with the use pert, as a condition of approval the owner will be required to upgrade Hathaway Lane as it fronts the proposed subdivision. and Lots whin the subdivision will be required to waive their right to protest future upgrades to Hathaway Care. 3 Environmental Constraints i There are no obvious enviro=ental constraints associated with. lots 17A & B and 18A & B of Autumn n Creek subdivision where the townhouses are proposed. The site can be described as level with a zero percent slope o } era . There is a small creek located to the south which serves as a tributary to Ashley Creek. As part of the subdivision review for Autumn Creek, where the townhouses would be located, the owners had a detailed food study done. On October 14, 2005 the owners received. a. Letter of Map Revision LOMR from the Federal Emergency Management Agency (FEM which reduced the flood lain boundary shown on the FEMA Flood Insurance late Map Parcel o _'rye revised 100 year food lain is shown on the preliminary plant of Autunm Creek and, as the preliminaxy map indicates, all proposed lots are outside of the 100 year floodlain. 2* ,appropriateness of design; a. Parkin and site circulation: All of the roads witl'iin the subdivision wi b constructed to City standards and will end. M' two cul-de-sacs. Parking will be provided on site at the time the lots are developed. No additional parking beyond the standard two parking spaces per single family dwelling would be required in conjunction with this conditional use permit. b. �ep�: The proposed osed townhouses would be located on two lots witb.in the Autumn Creek subdivision. The Autunm Creek subdivision will be providing open space and parkland. just south of to proposed townhouse units. Therefore,, no additional open space is required. o. en S reenin Lan.dsea lr . M* 'there is no buffer or screenm*g currently existing on the site or proposed other than the wetland area located between een Hathaway Lane and the lots within the subdivision nor does any appear warranted. There is some fencing on the site that will be removed with development. . No si na e is proposed in conjunction with the conditional use permit. 3, Availability of Public Services/ Facilities,: a. Police; Police protection wiH be provided. b -the Kalispell Police Department. artment. No unusual impacts or needs are anticipated from the proposed residential fae .ity. b. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. No unusual impacts or needs are anticipated from the proposed. townhouses. Building access as well as the number and placement of fire hydrants wiH need to meet Uniform Fire Code requirements and be reviewed and approved by the fire marshal. C. Water and sewer; Water and sewer are not currently in place and will need to be extended to the site. There is adequate water supply and. sewage 4 treatment capacity within the City of Kalispell"s current facilities to serve this development. d} Storm grater drairra : This site has some limited topographical constraints related to the floodplam and wetland area but should not pose unusual chaUen es to site dra r a e. curbs and gutters wiR be MstaUed with the subdivision and are enga'neered storm drain management plate WIR have to e developed to address the runoff from the site. The proposed townhouse units would tie into the storm drain management ement plan developed in conjunction ction with. the Autumn Creek subdivision. e. Streets: As discussed in section 1.b of this report, the townhouses will be provided access off of a City street to be constructed in conjunction with the proposed Autumn Creek subdivision. However, traffic generated by the townhouse units will use Hathaway Lane, a County roadway which is in fair condition but not constructed to Kalispell City standards. As past of the proposed subdivision filed concurrently with the use permit, as a condition of approval the owner wiH be required to upgrade Hathaway Caine as it fronts the proposed subdivision and lots within the subdivision will be required to waive their right to protest future upgrades to Hathaway Lane. . Neighborhood I Development and land use u* n acts associated with this subdivision and the creation of the two unit townhouses will be typical of any single family development. The properties in this neighborhood are located in the County and are suburban residential in mature. A notice of public hearing was mailed to propel ow-ners within 150 feet of the site approximately 15 days prior to the hearing. The Autumn Creek subdivision was reviewed last year by the Planning Department, t, la ning Board and City Council.. comments were submitted from neighboring property owners who were opposed to the subdivision's density and un acts additional traffic would have on Hathaway Lane. The owners previously proposed the townhouse units adjacent to the future highway bypass. The planning department had co to s of higher housing density next to a. future bypass which would create elevated noise levels. The owners responded by redesigning the subdivision layout and have located the proposed townhouses more centrally in the Autumn Creek subdivision. This reduces the number of dwelling units in the area of the bypass and allows the higher density dousing to take advantage of the park and open space areas provided in the proposed subdivision. No other impacts have been identified or are anticipated including additional outdoor lighting impacts,, smoke, fumes, gas, odors, or inappropriate hours of operation. 5. Consideration of historical use patterns and recent changes: The proposal is generally compatible within the subdivision. It can be anticipated with public grater and severer available to the area that increased development similar to the type that is being proposed wiR continue to occur. Additionally, the two grit townhouse configuration has become a popular housing option in the market as the demographics of the area change. t has become popular for an aging population wanting to dowsize, for small families enten'ng the market and "empty nesters"' wanting less res onsib hty in maintenance. However, M order to address aesthetics of the proposed townhouse units the plannmg department is recommending that the townhouse units be designed so that they are not garage door oriented and the units differ in design and color. . Effects on propel values: No significant negative impacts on property values are anticipated. As previously mentioned., the proposal is compatible with he neighborhood, and the development and land use impacts would be typical of that anticipated for the area.. PXCOhEMENDATION Staff recommends that the planrAng board adopt the staff report KCU-05-7 as fmdings of fact and recor x e .d to the Kahspell City Council that the conditional use permit be approved subject to the following conditions: That the development of the site sl aU be iLn substantial compliance with the application s .br tted., the site plan, materials and other specifications as well as any additional conditions associated with the CUP as approved by the city council. (Kalispell. Subdivision Regulations, Appendix C - FinalPlat) 2. Prior to issuance of a building ermit for the townhouse r its a site plain and. elevations shall be reviewed and approved by the planning department. The townhouse units shall be designed so that they are not garage door oriented and the units differ in design and color. 3. The townhouse units shall be developed on lots 17A & B and 18A & B of the A t = Creek subdivision. This use permit shall not become effective untfl the Autumn Creek subdivision has been approved. m L9 C 1-3 BY 0 3, Zoos City of Kali sPt*jjLL PLANNING DEPARr11��r Planning Department - 2na Street East, Suite 2 11, KaUspell, Montana 5 990 Telephone: (40 1- 180 Fax: )751-1858 APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: Townhomes on lots 5 and OWNER(S) OF RECORD: Nara.: Mailing Address: 24212 SE 384th Street City/State/Zip: _ECluMClaW, MA 9an29 Phone, 360-$25-6629 PERSON(S) AUTHQRIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Thomas, Dean & Hoskins, Inc. Mailing Address: 81 Three Mile D-flve, Suite 101 59901 City/State/Zl : � ii� i, MTPhone: 6-5 -52 6 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Two Mile Drive Kalispell, MT 59901 Sec. 12 Town -Range Address: rs : No. ship Z8N o. 22 Subdivision Autumn creek Name: - 6AAK Tract Lot 6DI Block No(s1)174851 No(s).6AB No.� Zoning is ri. t and Zoning Classification in which use is proposed: City -2 2. Attach plan of the affected lot which identifies the following iterns: a. Surrounding land uses. . Dimensions and shape of lot. C. Topographic features of lot. d . Size(s) and location of existing buildings e. Size(s) and location(s) of proposed buildings. f. Existing use(s) of structures and open areas. Proposed use(s) of structures and open areas. t Existing and proposed landscaping and fencing. 3. On a of paper, &scLias the folJowing topics relative to the pro o o U: A. Traffic flow and. control. Access to axid cireWation�"ithm the property, C. Off-street parking and loading. . Refuse and service areas. . Utilities. Screenw'g and bufferin_ 9 S'ar s, yards zmd of open spaces ' He' ht, bulk and location' f t utie - a.. Location of proposed open space i4ses. J- o x,5 and manner of operation. k. Noise, light, dust, odors, fames and vibration- 4. supplemental information for proposcd uses tk.t have ad6tio al renatrements (consult Planer). I hereby certify 'Linder penalty of Veiluxy and tb: laws of the State of Montami that the information z1---ubraitted herein, on aU other submitted forms, documents, plans or any oilier information submitted as a part of this applicatiDn, to be tare, complete., and accur-ate to the best of my knowledge. ShoWd any information or representation submit ed in colxu-with fl-Ais application be incorrect or untrue, I understand that any approval based thereon may be resided, and other appropriate, action taken. The sign ing of g at WoI on the property for roue monitoriTig and inspection during the approval and devel pment pros s. Appfican"t Signature Date 2 AUTUMN CREEK SUBDIVISION APPLICATION FOR CONDITIONAL ]USE PERMIT CITY OF KALISEL Tntradtirtion Our client., New West Properties. L.L.C., is proposincy a new v subdivision. The proposed Autumn Creek Subdivision is located west of Kalispell on Hathaway Lane 1,500 feet north of Highway 2. The subdivision will include 21 lots, approximately o.2 acres each. The legal deser'ptio . of the subdivision is Track 6DI, 6AAK and 6AB, Section 12, T28N, R2W. A conditional use pernit is requested to allow for 2-unit townhouses ses on 5A, 5K, A and 6B of the 21 lots. . Zoninz District and Zoning Classification in which use is proposc: The proposed subdivision s zoned R-3 urban sincyle family residential. Townhouses are permitted R-3 subdivision wl filing of a conditional use pemilt. 2> Attach a plan of the affected lots containi a. Surrounding Land Uses Activities and land uses s rro ndin the proposed subdivision include agriculture, single- family ornes, horse owners, and other subdivisions. The northeast comer of the subdivision may be dedicated to the Montana Department of Transportation for highway right of way. . Dimensions and Shape of Lots See attached site plan for dimensions and shapes of lots. Lots containing townhouses and requiring are additional use p nnit include lots 5A, 5B, 6A and 6B. e. Topographic Features of Lots See attached site plan for topography of proposed subdivision. d. Size and .location of Existing Buildings pole bam is currently the only building, structure oslte. It will be removed prior to construction. e. Size and Location of Proposed Buildings See attached site plan for location of proposed buildings. . Existing Use of Structures and open Areas Currently the subject property is not being used. Previous uses for the subject propel included farmland and grazing pasture. A rib .ta y to Ashley Creek flows on the southwesters portion of the site. This area will be left natural and an open/conservation areaNVIII be formed. . Proposed Use of Structures res and open Areas The subject property will primarily be used for roads, comes and yards. The open/conservation area,, approximately 2 acres, will be left natural and provide scenic viewing opportunities* Arrangements have been made to remove the existing pole bars. h. Existing and Proposed Landscaping and Fencing Each lot will be landscaped and seeded with grass. Fencing will be located along the nosh and south property lines. Existing wire fence on the property will be removed. 3. Discussion of relative topics: a. Traffic Flow and Control The transportation network servicing Autumn Creek Subdivision is shown on the preliminary plat. Access to the property will come from Hathaway Lane, 1,500 feet north of Highway 2. The northwest comer of the property may be dedicated to Montana Department of Transportation for highway right t of way. This right of way is in anticipation of a bypass rote. There Wit be no access, to or from the property, through this highway right of way. At fail build -out, the subdivision may generate a maximum of 210 vehicle trips per day Ten trips per unit). Trip direction from the subdivision is Most likely croing to be a left turn, from the subdivision. onto Hathaway a ane towards Highway 2. Traffic is then expected to tLum left on Highway 2, and head east into Kalispell. Traffic due to this subdivision is not expected to impact the existing roadway system. The co .nty, state, and city transportation networks in the region can adequately accommodate the anticipated vehicle trips from this subdivision. . Access To and Within the Property All lots will have drive way access from the internal subdivision roads. Intemal subdivision road right of way will be 60 feet. Minimum pavement widths of 28 feet will be maintained throughout the subdivision.. The roads will be designed to Kalispell City Standards. As stated above, access to the property will come from Hathaway Lane 1,500 feet north of Hi h way 2. Two intemal subdivision roads are proposed, each ending in a cul de sac. Each cul de sac has been designed, according to Kalispell City Standards, with a -foot radius to the back of the curb. Circulation and flow is not expected to be a problem. c. Off -Street Parking and Loading Individual garage spaces and driveways will accommodate off-street parking. Loading bens are not required for the subdivision and have not been included. . Refuse and Service Areas The collection of refase will fall under the City of Kalis e 's Jurisdiction. Said remise will ultimately be taken to the Flathead County landfill. Individual garbage units are proposed for each lot in the subdivision. . Utilities Upon development, utilities will be extended to service the subdivision. Municipal sewer and water will service the subdivision. Currently, gas and electfic utilities run along the estern boundary of the property. f. Screening and Buffering Autumn Creels Subdivision will be incorporating natural and manmade screening and buffering. The developer has agreed to install screening on the norther property line o the property t the request o a neighboring homeowner. Screening will also e placed on the southern property line along with -natural screening and buffering. Trees and natural surface waters create a separation from surrounding properties to the merest and. south. . Signs, Yards and other open Spaces Signing for the subdivision will consist of street signs and will conform to Kalispell City Standards. A ground -mounted sign identifying the subdivisions is proposed near the entrance. Typical grass yards are expected for each. lot in the subdivision, including the proposed lots containing townhouses. Minimum yard requirements for R-subdivisions will be maintained on each lot, including townhouse lots. An open/conservation ..rea is proposed for the southwest portion of the property. A tn'butary to Ashley Creek flogs through this open area. . Height, Bulk and Location of Structures Location of structures and layout of the subdivision can be seen on the attach site plan.. 11 lots of the subdivision.. including proposed townhouse lots, will con onn to R- roperty Development Zoning Regulations. Height of structures is not expected to exceed 2 stories and will remain under the maximum imum height of 3 5 feet. i. Location of Proposed open Space Uses An approximate 2-acre open/conservation area will be located in the southwestem portion of the property. This area will be left natural and allow for scenic viewing and beautification of the property. j# Hours and Manner of Operation The proposed subdivision will be composed of family housing. Hours and manner of operation will be typical of urban single-family residential subdivisions. k. Noise, Light, Dust, odors, Fumes and Vibration Noise, light, dust, odors, fumes and vibration will not increasesignificantly for this site. zn Dust may 'increase dun'ng construction, but all intemal roads and parking will be paved, o dust will be minimal upon completion of the construction. Noise, light, dust, odors, fumes and vibration will be typical of urban single-family residential subdivisions. 6CA DN} E Raml b. E r 6EF 16CBi 1 1 1 ",1 6CA N Elm% 6 D 6KC .......... .......... ............... ....... 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I ....... , ............... ........... ........................... ............ ........ .............. ............................................ ..... 3 T . + . 6KA 6DHBC ............ 6AA ............ .. .... ...... 6AA F 6 D F 6DHp ................ i GDHBB 6AAM .......... 6A 6L F bAAJ } � CNN T1 14 _P 4� 2 1111\ 6J 6H 6DF < _D < LD I I 6AA GDF 6AA (y) cDUN C �16�A., U Rawl Mmi 16D 13DB� u 13 13D i �---r �� '� 5I13C i ��16B VICINITY MAP scat. 1 s5o' LEE & LINDA HERSHBERGER CONDITIONAL USE PERMIT TO ALLOW TWO 2 UNIT TOWNHOUSES (4 LOTS) WITHIN THE AUTUMN CREEK SUBDIVISION — FILED CONCURRENTLY WITH ANNEXATION & INITIAL ZONING AND A PRELIMINARY PLAT PWT DAM 7/5/06 FILE# KCU-06-07 H:\gis\site\kcu08-07.dwg MINN.— City of Kali*spell Planing Department 1 - 2n s trees East, Suite 211, .Kalispell, Montana 59901 MUM O: Kalispell City Staff o the r Interested Parties Telephone: o `: o l - l s5 W l e: kai ell arming-com FROM: Se-aSe-an Conrad, Senior Planner RIE* July 13thSite Review Committee meeting DATE: July 8, 2006 The Planning artment has received the following applications for the August 8th Planning Board meeting: request from Gary Priest for annexation, initial zoning, planned r t development and pre nary plat approval on a 4.47 acre propel. T. owner is req-aesting annexation into the City of Kalispell with the R-2 (Single Family Residential) ) zoning district. The requested PUD zoning district would allow reduced lot sizes M the R -2 zoning district and reduced side yard setbacks, from 10 feet to 5 feet. The owner is also requesting a ream.�rary plat to create 22 lots rang M sL'W from 5,660 square feet to 8,029 square feet. The property is currently zoned County R- I and is located on the south side o Greenridge Drive at the southeast comer of the intersection of Greenridge Drive and. WiHow Glen Road. There is an existing house on the proper'' addressed as 36 Greeted e Drive. The property can be legally described as a portion o Tract 3, Kalispell school Addition, , Block 1, located in Section 16, Township 2 North, Range 21 West. 2. A request from Medical Arts Pharmacy of Kalispell, LTD, to resubdivide two eXisting lots within Westview Business Center into three lots. The proposed lots would range In size from 21,900 square feet to 31,800 square feet. The two e�stig lots are zoned -2, General s�ess, and are located on the now side of Westview Park Place. The two lots proposed to be finer subdivided can be legally described as lots 2 and 3 of Westview Business Center, located in portions of the SW '1/4 of the SW V4 of Section 6, Township 28 Now, Range West. 3. A request from Apex 1, LLC, for annexation, initial zoning, played unit development PU and reline' nar r' plant approval on a 10.75 acre property. The owner is requestmg annexation into the City of Kalispell with the R -2 (Single FamflyResidential) zoning district. The owner is also requesung a PUD zoning district on the property to allow reduced lot sizes in the R-2 zoo district and a preliminary plat to create 44 lots ranging In size from 2,900 net square feet to 4,600 net square feet. The property is currently zoned County AG-80 and is located on -die north side of Three Mile Drive apprw='ately 1,000 feet west of the intersection of Meadows Large and Three Mile Drive. `there is an e sting house on the property addressed as 575 wee Mile Drive. The propel can be legaHy described as Tract I of Certificate of Survey 9981, located in the SW -1/4 and SE 14 of Section 27, ' ovms ip 28 Now, Range 22 West. . A request from Lee and Linda Hershberger for annexation, on, initial o=' g,, preliminary plat and conditional use pest approval on an 8.69 acre propel. The owners are requesting a=exation into the City of KalispeE with the R-2 (Single Family Residential) zdistrict. The owners are also requesting preliminary .at approval to create 21 lots single mily lots and townhouse lots) ranging in size from 5,660 square feet to 13,900 square feet and a. conditional al .se permit to allow ow the 4 townhouse lots within the requested -2 zoning district. The propel is e xrre tly zoned County R-1 and is located on the east side of Hathaway Lane approm*mately Too feet now of the intersection of US Hvvy 2 West and Hathaway away Lane. The property can be legally described as Assessors Tracts 6AAK, 6DI arid_ 6AB, located in the SW 1 4 o Section 12, Township 28 North, Range 22 West. 5 _ A request from The Meadows, Inc. for annexation, initial zoru*ng and pled unit development U on a 14.65 acre property. The ow-ner is requesting annexation into the City of Kalispell with the R- (Two Family Residential) zorang distract. The owner is also requesting a PUD zoning district on the property to allow 138 condox�.�um units with approximately * acres of open space, a 4,000 square foot clubhouse and of a e of sidewalks and trails within the open space_ The property is currently zoned County SAG- o and is located on the so.th side of Four Mile Dave apprommately 400 feet west of the intersection of North. Haven Drive and Four M e Drive. The property address is 430 and 450 Four Mile Drive and can be legally described as Assessors Tract 4, located in section 1, 'Township 28 Now, Barge 22 West. Due to the number of subdivisions received this month l would lie to dispuss at least the first two subdivislons listed above at the July 13thsite review meeting. If w vou need additional in orr ation regarding the above proposal please call me. Any comments on the above projects should be in to the Planning Department by July 26, 2006. The site Review r Committee meeting is held at I0:00 a*ram. on 'h rsda -.it the Building Department located at 2 — 3rd Avenue, East in Kalispefl. 'hank you for taking the time to review and comment. c: w attar ments: Brent Christopherson, Fire Dept. Mike Baker, Parks and Ree James Paftick, City Manager P.J. Sorensen, Zoning Administrator o e r Krauss, Police Dept. Frank Castles, City Engineer Jinn Haas, Public Works Director Mark Crowlev, Construction Manager Sandy Wheeler, Community Redeveiopment Susan Mover, Communitv Development Director Craig Kerz.an, Chief Building Inspector Charles Haral, City Attomev MDOT - Attn: Steve Herzog Kalispell School District Northwestern Engery Flathead Electric Co-op Flathead County Road Department U.S. Postal Service - Attu.: S se Comer Flathead County GIS - Pete Wessel MDT Land Planning- Helena W/o attachments,- A p ant CERTIFICATION " L C . ' : Lee & Linda Her . rg r/Autumn Creek FILE NO: KA- 6- � KCU- -2 KPP-06-10 , the undersigned certify that I did this date mail via CERTIFIED Mail copy of the attached notice to the following list of landowners adjoinigg the property lines the property that is requesting annexation, r ry plat and a conditional use permit. Date 7//.7 /0� 11 Lot/Tracts# 6AAK, 6DI, 6AB Property OwnerfMail Address: Lee & Linda Hrsrr 24212 SE 384th Street Enumclaw, WA 98022 Thomas, Dear. & Hoskins Attu, Bill Boger 31 Three Mile Drive, Ste 101 Kalispell, MT 59901 AND .TTiC.H.E FIST City of Kalispell PIaaning Department S treet East, Suite 211, Kalispell, Montana 1 Telephone'. o6) 751-1850 Fax.- o 1-1 Wie* kaiiianni.o You are being sent this notice because you are a. property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meek noted below. You may contact this office for additional info=adon. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COBMSSION AUGUST 8,2006 The regularmeetingo the Kalispell City P a oared and Zorig Commission s scheduled for Tuesday, August 8, 2006 beginning at 7:00 PM in the KallspeH City Council Chanabers, Kalispell City Hail, 312 First Avenue East, Kalispell. The planjamg board will hold a pubhc hearing and take public comments on the following agenda items. The Board will make a recommendation to the Kalispefl City Council who wiH take final action. . A request from Apex 1, LLC, for annexation, initial zoning, planned unit development U and reii�nar r plat approval of Cottage Gardens on a 10,75 acre property. The owner is requesting annexation into the City o Kadspell with the R-2 (Single Family Residential) i.dentia) zoning district. The owner is also requesting a PUD zoning district on the property to allow red -need lot sizes in the R-2 zoning district and a preliminary plat to create 44 lots ranging in size from 2,900 net square feet to 4,600 net square feet. The property is currently zoned County AG- o and is located on the north side of Three Mile Drive appro.Ndmately 1,000 feet west of the M' terseetio of Meadows Lane and Three Mile Drive. There is an existing house on the property addressed as 575 free Mile Drive. The propel can be legally described as Tract l of Certificate o Survey 1, located in the SW 1/ and SE 1/4 of Section 27, Township wnsh 28 North, Range 22 West. 2. A request from Medical Arts Pha=acy of Kalispell, LTD, to re divide two existing lots within West -View Business Center into three lots. The proposed lots would range in size from 21,900 square feet to 3 l , o o square Feet* The two east..ng lots are zoned -2, General Business, and are located on the north side of Westview Park Place. The two lots proposed to be finer subdivided can be legally described as lots 2 and 3 of Westview Business Center, located i portions of the SW '1/4 of the SW 1/4 of Section 6,'township 28 North, Range 2 West. 3. A request from Lee and Linda Hershberger for annexation, initial zoning, preliminary plait and conditional use pe=it approval of Autumn Creek on are 8.69 acre property. The owners are requesting annexation into the City o BtuReran Ph 2A Mich 16,2006 Page Ka..seli with the R,2 (Single Famfly Residential)zoning disc, The owners are also requesting ary plat approval to create 21 lots (17 single family lots and townhouse lots) ranging size frorn 5,660 square feet to 13,900 square feet and a coxiditional use pest to allow the 4 townhause lots within the requested R-2 zoning district. The property io> currently zoned County R- are.d is located on he east side of Hathaway Large approximately 700 feet new of the intersection of US Hwy 2 West and Hathaway Lane. The property can be e afly described as Assessors Tracts s AAK, 6DI and 6AB., located in the SW V of Section 12, Township 28 North, Range 22 West. _ A request from. The Meadows, Inc. for a=exation, initial ing and planned unit development U for The Meadows on a 14.65 acre property. The owner is requesting annexation into the City of Kalispell with the - (Two Fan -Lily Residential) zoning district. The owner is also requesting a PUD zoiu'ngdistrict on the proptrty to allow 138 c cmim'um its with a a ely 6.7 acres of open space, a. 4,000 square foot clubhouse a.d 3/4 of aof sidewalks and trails wid-iin the open space. The property is currently one County SAG-10 and is located on the south side of Four Mile Drive a roma.a e y 400 feet west of the intersection of North Haven Drive and Four Mee r e. The property address is 430 and 5 Four Mile Drive and can be legally described as Assessors Tract 4, located in Section 1, Township 28 North, Range 22 West. Documents pertal amgto the agenda items are on file for public inspection at the Kalisp ell P1a nmg Departinent, 17 -Second Street East, Smote 2 11, Kalisp el., M , and are available for public review ding regular office hours. Interested persons are encouraged attend the hearing and make their views an concerns known to the Board, Written coo ens may be submitted to the Kalispell Planru'ng Departmentat the above address, prior to the date of the hearing, car you _ . coin a. cal. s a 51-185 , or e�-ma s a l___�_�. i ��ka s c .. r adna information. Lee & Linda Hershberger Thomas Dean & Hoskins Knorts Fly Investments,Tic. 24212 SE 384hStreet 31 Three Mile Dn* e, Ste 10 1 12 10 Birch Grove Road Enumclaw, WA 9 022 Kalispell, MT 59901 Kalispell, MT 59901 Edwin & Debra Mel 2 V Hataray Lane Kalispell, MT 59901 Joan Gross David McMurray 5 3 NW Taylor Avenue Corvallis,, OR 97330 Darrel Martin Living Trust 1429 TES Highway 2 W Kalispell, MT 59901 William Wills 1479 TES Highway 2 W Kalispell, MT 59901 Katherfe McAllister Michael Stotts 30 Hathaway Lane T his eH, MT 59901 Jams & Shirley Hilton 1595 Haven Thrive Kalispell, MT 59901 Larry & Susan Johnson 1471 US Highway 2 W Kalispell, MT 59901 Lawrence & Va ere Parsons 92 Hathaway Large Kalispell, Nff 59901 Nancy Those 1483 US Highway 2 W Kalispell, ell, Nff 59901 Kirby Ga v el -her on Ron Rier on 305 N. Trill Road . Kalispell, MT 59901 State of Montana TOOT P.O. . Box 201001 Helena MT 59620 Lyle K Bartlett 3 Hathaway Lane Kalispell, MT o T Carol Collins 19 Hathaway Lane Kalispell, MT 59901 Tungsten Holdmgs, Inc. P.O. Box 1213 Libby, MT 2 Steven Fewlass 13 Hathaway Lane KaTis ell MT 59901 Jason Braaten 930 Birch Grove Kalispell, MT 59901 . 10816 HFu . KA. P L CITY PLA ll BOARD AND ZONING COM- MISSION AUGUST 8. 2006 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday.Au- gust 8, 2006 beginning at :00 PM in theKalis- pell City Ouncil cham- bers ', Kalispell Cite Hal1T 312 First Avenue --a t. Kalispell. pell. 'he planning board will hold a public hearing and take public comments on the follow- ing agenda items. The Board will make a rec- ommendation to the Ka- lispell City Council who will take finai action. 1. A request from Apex 1, LL r for annex- aticn. initial zonini planned unit develop- ment SPUD) and prelimi- nary plat approval of Cottage Gardens on a 10-75 acre property. The owner is requesting annexation into the amity of Kalispell with the R- Single Family Residen- tial) iden- tial zoning district. The owner is also requesting a PD Toning district on the property to allow re- duced lot sizes in the l - zoning district and a prel rnlnary plat to cre- ate 4 lets ranging in size from 2,900 net square feet to 4#0 net aqua.re feet. The prop - a is currently zoned :runty G- ] and i lo- ,ated �on the north side )f Three Mile Drive ap- rcxiiateky 1.,0oo feet -vest of the intersection )f-Meadows sane and 1hree Mile Drive. There s an existing house on he property addressed L Three Mile )rive. The property can le legally described as ract 1 of Certificate of Wr P-y 9981, located in le 1 f4 and f :f Scotian 27, Township Jorthr Range 22 Vest A request from leidical Arts Pharmacy f . fs ll# LTD, to r - u0:ide two existing 01ts 1.1vitnin ' estview si.Fess Center into free lots. The pro, sed lots would range size from 21,900 3uare feet to C) €pare feet. The two xisting lots are zoned -# General Business, d are loc-ated on '-he girth side , WesM w ark pl-ad 4 proposed gaily Je ribc- and 3 of Westview Business Center, locat- ed in portions of the S 1 /4 of the Sal- 1 l4 of Section 6, Township 28 North, Mange l blest. , A request from twee and Linda Hershberger for annexation, initial zoning, preliminary plat and conditional use per- mit approval of Autumn Creek on an 3.69 acre property. The owners are requesting annexa- tion into the City of Ka- lispell with the R- (Sin- gle Family Residential) zoning district. The owners are also re- questing preliminary plat approval to create lots (17 .single family lots and 4 townhouse lots) ranging in size from 5,660 square feet to 13,900 square feet and a conditional use permit to allow the townhouse lots within the requested R-2 zon- ing district. The proper- ty is currently ,coned County -1 and is locat- ed on the east side of Hathaway Lane approxi- mately 700 feet north of the intersection of US Hwy 2 pest and Hath- away Lane. The prop- erty can be legally de- scribed as Assessors Tracts 6AAK, 6D1 and ►, located in the SW 1 14 of Section 12, Town- ship 28 North. Range 22 West. 4. A request from The Meadows, Inc. for an- nexation, initial zoning and planned unit devel- opment PD for The Meadows on a 1. .6 acre property. The owner is requesting an- nexation into the City of Kalispell with the Px4 (Two FamilyResiden- tial) zoning district. The owner is also requesting a PD zoning district on the property to allow 138 condominium units with approximately 6.7 acres of open spare, a ,000 square foot club- house and 3f4 of a mile of sidewalks and trails within the open space. The property is currently zoned County i G-1 and is located on the south side of Four Mile Drive approximately 400 feet west of the inter- section of forth Haven Drive and Four Mlle Drive, The property ad- d�tess is 430 and 4 Fu r. Mile Drive and can be legally described as Assessors Tract, low gated In Section 1, T'ownsi ip 28 North, Range 22 West, Documents perm;;:, on file for public. : kion �# the Kr iis'npo RPctnnina -Department. STATE OF M N ANA FLATHEAD CND AFFIDAVIT OF PUBLICATION CHRIS S �� HE SS BEING DULY SWORN, DEPOSES AND SAYS. THAT SHE IS THE LEGAL CLERK OF THE DAJLY INTER LAB A DAILY NEWSPAPER GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF SSE, IN THE COUNTY OF FLATHEAD, STATE OF M N .N ., AND THAT NO. , LEGAL ADVERTISMENT WAS PRINTEDAND PUBLISHED IN THE REGULAR AND EN ME ISSUE OF SAID PAPER., AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF j ulk�- 2,b i 2W ( ::2 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MTMiMUM GONG RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FAR THE SAME NUMBER OF INSERTIONS. C, Subscribed and swom to Before me This j V '�'�',• �� C-� 1.. # Et74 4 Notary Public for the State of Montana Residing in Kailspell My Commission expires9/11/09 17 Second,Street-- E�i Suite 211, Ka spell.-,, 31, and are aj= ble for public re i during: regular off, ours. Interested persons. a encouraged_ to ate.i the hearing: and- m their- Views, arid., co carns known -to... ti Board: - Wri-tten: coin nts may be sm ted to. the Kalispell Pla ning. Department., at ti above address',. prior the date. -:of t e.,'hearin o. yo u- o u- .may=: call us mail' us at. planning k iispelLcom.:.fdradditior information.-. sJT omas, entz. Thomas R. Jnt Planning.,irector -