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08. Resolution 5057 - Preliminary Plat - Westwood Park SubdivisionCity of Kalispell Planning Department 17 - 2°a Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1.858 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Westwood Park Preliminary Plat MEETING DATE: August 1. 2005 BACKGROUND: This is a request for preliminary plat approval of a 32 lot subdivision on approximately 8.97 acres located at the northern terminus of Corporate Drive and south of Two Mile Drive. The development consists of a mix of two family and three family dwellings that would be developed as townhouses for individual ownership. A request for a planned unit development (PUD) has been filed concurrently with the preliminary plat. A detailed outline of the review process and the proposal is provided in the planned unit development memo and therefore not included with this memo. The Kalispell City Planning Board held a public hearing at their regular meeting of June 21, 2005. After considerable public testimony and consideration by the board, the matter was continued to allow the developers to address the concerns of the planning board and immediate neighborhood. The planning board considered this matter again at their regular meeting of July 12, 2005. The developers and engineers explained the changes to the development and described the successful meeting with the neighbors. The planning board felt their concerns and the neighbors issues had been adequately addressed. A motion was made and passed unanimously to forward a recommendation that the preliminary plat for the project be approved subject to conditions. RECOMMENDATION: A motion to approve the preliminary plat subject to the recommended conditions would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Westwood Park Preliminary Plat July 25, 2005 Page 2 Respectfully submitted, Narda A. Wilson Senior Planner Report compiled: July 25, 2005 c: Theresa White, Kalispell City Clerk Jes H. Patrick City Manager RESOLUTION NO.5057 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF WESTWOOD PARK SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS 2CK, 2CH AND 2CE LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Bill Rice and Craig and Connie Denman, the owners of the certain real property described above, have petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on June 21, 2005 and July 12, 2005, on the proposal and reviewed Subdivision Report #KPP-05-11 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Westwood Park Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of August 1, 2005, reviewed the Tri-City Planning Office Report #KPP-05-11, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE, CITY COUNCIL OF THE CIT Y OF KALISPELL, MONTANA AS FOLLOWS; SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report #KPP-05-11 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Bill Rice and Craig and Connie Denman for approval of the Preliminary Plat of Westwood Park Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. That the plans and specifications for all public infrastructure be designed and in accordance with Kalispell's Standards for Design and Constriction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). A letter shall be submitted with the final plat from an engineer licensed in the state of Montana certifying the improvements have been constructed in accordance with the approved plans and specifications. As built drawings shall be submitted to the Kalispell Public Works Department prior to final plat submittal for the completed infrastructure. A letter from the public works department shall accompany the engineer's certification stating that this condition has been met or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01) 4. An engineered stormwater management plan shall be developed which utilizes on site retention methods and insures that adjoining properties will not be impacted by stormwater runoff, snow melt or surface water. S. Front yard setbacks for the townhouses that have garage access directly along the right of way shall be setbaek a Fflinimum of 2- that all vehiele par -king is outside the publie &ay insure a minimum distance of 20 feet between the garage and the sidewalk and would apply to Lots 11, 12 and 13.. This would not apply to townhouses that have some other provision for handling access and on site parking. (Kalispell Planning Board) A minimum 20 foot rear setback shall be maintained between the buildings and the exterior boundaries of the subdivision. 7. That covenants, conditions, and restrictions for the subdivision shall be provided that include a provision for the private conservation and maintenance of common areas as well as compliance with the approved planned unit development elevation drawings, treatments and other architectural elements. 8. A note on the face of the final plat shall be provided for the pro-rata share of ownership of the common area for taxation purposes. 9. Townhouse lots within the subdivision shall be identified by a lot number and letter such as Lot 1 A, 1 B or 1 C rather than being numbered sequentially as shown on the preliminary plat. 10. That permits be obtained from the Flathead Conservation District, Montana Department of Natural Resources and the Montana Department of Environmental Quality for work done along the creek channel or a letter from those agencies stating that the scope of work does not require permitting. (FCCD 1 DNRC) 11. That a minimum 10-foot buffer shall be established between the western internal roadway and Greenbriar Subdivision to provide screening and buffering between the road and these houses. This shall be in the form of berming, fencing or landscaping or a combination thereof. These improvements are to be coordinated with the Kalispell Public Works Department, the Parks and Recreation Department and the homeowners in Greenbriar Subdivision to the west. 12. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water maims designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. Secondary emergency vehicle access shall be provided in accordance with International Fire Code (2003) Chapter 5 and. Kalispell Subdivision Regulations. e. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. f. Street naming shall be approved by the fire department. 13, That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 14, That the areas designated on the plat as common shall meet the requirements for parkland dedication provided they are developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. A letter shall be submitted with the final plat stating that the common areas have been developed in accordance with the approved park development plan. (Kalispell Subdivision Regulations, Section 3.19). 15. That a detailed flood study be completed determining the exact location of the floodway. No fill, development or other disturbance of soil or vegetation shall be allowed within the floodway. The location of the roadways and bike path / secondary emergency access shall be relocated so that no fill, development or disturbance of vegetation occurs in the 100 year floodplain unless otherwise absolutely required. Any work, development or fill in the 100 year floodplain shall be kept to a minimum and shall be directly related to providing secondary emergency access for the subdivision of the north approximately 400 feet of the bike /and pedestrian path / emergency access road. It is anticipated that this may result in the reconfiguration and / or loss of lots within the subdivision. 16. A floodplain development permit shall be obtained from the Kalispell Floodplain Administrator for any limited but necessary work to be performed within the 100 year floodplain. 17. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of roads in the area to City standards which may be impacted by this development. 18. That a letter be obtained from the Kalispell Public Works Department stating that the proposed emergency accesses onto Cooper Lane has been reviewed and approved and any associated and necessary improvements have been satisfactorily completed, 19, The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09). 20. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 21. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3,22). 22. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 23. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 24. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 25. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 26. That an easement agreement be obtained for the secondaKy emergency access across the private property to the east that encompasses the nature and intent of the proposed roadway. 27. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. 28. That preliminary plat approval for the planned unit development shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). SECTION 111. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 1 ST DAY OF AUGUST, 2005, Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk City of Kalispell Planning Denartment 17 - 2" d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.eom July 27, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Westwood Park Preliminary Plat Dear Jim.: The Kalispell City Planning Board met on June 21, 2005 and held a public hearing to consider a request for preliminary plat approval of a 32 lot subdivision on approximately 8.97 acres. The development consists of a mix of two family and three family dwellings that would be developed as townhouses for individual ownership. The property is located at the northern terminus of Corporate .Drive between Hwy 2 West and Two Mile Drive. A planned unit development for the project has been filed concurrently with the preliminary plat. Narda Wilson., with the Kalispell Planning Department, presented staff report KPP-05- 11 evaluating the proposal. She noted that the development probably would be developed in a single phase and the applicants would build the homes. During the public hearing the applicants spoke in favor of the proposal and stated they wanted to do something different that would be high quality. Marc Drew, representing several, property owners in Greenbriar Subdivision to the crest, spoke on behalf of several property owners when he presented a power point presentation to the board. He said they had concerns with the density, floodplain, standing water and impacts to their neighborhood. The board discussed the proposal and the testimony. After significant discussion of the issues raised by the public, the planning board unanimously continued the project and identified several issues of concern they wanted the developer to attempt to address. Those were density, floodplain, stormwater and surface water, primary and secondary access issues. Westwood Park PUb July 27, 2005 Page 2 Subsequent to the planning board meeting, a meeting was held with the neighbors attended by the developers, their engineers and the planning staff. At the conclusion of the approximately two hour meeting, the neighbors felt very satisfied that their concerns were fully addressed. The developers felt that their project design was improved as a result of conferencing with the neighbors and the staff felt that the planning board's concerns had been fully addressed. This project went back before the planning board at their regular meeting of July 12, 2005. At the beginning of the meeting the developers and their engineers explained the progress made as a result of the neighborhood .meeting and changes to the site layout that were made since the last planning board meeting. The planning board commended the developers for working with the neighborhood and felt that their concerns had also been satisfied. A motion was made that passed unanimously to recommend that the preliminary plat for Westwood Park be approved subject to conditions. Please schedule this matter for the August 1, 2005 regular City Council meeting. You may contact this board or Narda Wilson at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely Kalispell City Planning Board George Taylor President GT/ NW / ma Attachments: Exhibit A -Conditions of Approval Staff report KPP-05-11 and application materials Minutes from the 6/21/05 planning board meeting Minutes from the 7 / 12 / 05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Bill Rice, Westwood Partnership, 5733 Hwy 93 So., Whitefish. MT 59937 Craig & Connie Denman, 5733 Hwy 93 So., Whitefish, MT 59937 Jackola Engineering, P.O. Box 1134, Kalispell, MT 59903 TKP Partnership, 1509 Washington Ave., Golden, CO 80401 EXHIBIT A WEST WOOD PARK PRELIMINARY PLAT KALISPELL CITY PLANNING BOARD JULY 12, 2005 The Kalispell City Planning Board held a public hearing was held on this matter at the regular meeting of the planning board of June 21, 2005 with subsequent consideration at the July 12, 2005 regular meeting. The following conditions are recommended for the preliminary plat and were included in the recommendation for approval of the planned unit development. 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C -- Final Plat) 2. That the plans and specifications for all public infrastructure be designed and in accordance with Kalispell's Standards for Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision. Regulations, Chapter 3, Design Standards, Section 3.01). 3. A letter shall be submitted with the final plat from an engineer licensed in the state of Montana certifying the improvements have been constructed in accordance with the approved plans and specifications. As built drawings shall be submitted to the Kalispell Public Works Department prior to final plat submittal for the completed infrastructure. A letter from the public works department shall accompany the engineer's certification stating that this condition has been met or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01) 4. An engineered stormwater management plan shall be developed which utilizes on site retention methods and insures that adjoining properties will not be impacted by stormwater runoff, snow melt or surface water. 5. Front yard setbacks for the townhouses that have garage access directly along the right of way shall parkinpar4ing is outside the pu ie of A.- insure a minimum distance of 20 feet between the garage and the sidewalk and would appla to Lots 11 12 and 13.. This would not apply to townhouses that have some other provision for handling access and on site parking. (Kalispell Planning Board) 6. A minimurn 20 foot rear setback shall be maintained between the buildings and the exterior boundaries of the subdivision. 7. That covenants, conditions, and restrictions for the subdivision shall be provided that include a provision for the private conservation and maintenance of common areas as well as compliance with the approved planned unit development elevation drawings, treatments and other architectural elements. 8. A note on the face of the final plat shall be provided for the pro -rata share of ownership of the common area for taxation purposes. 9. Townhouse lots within the subdivision shall be identified by a lot number and letter such as Lot 1A, 1B or 1C rather than being numbered sequentially as shown on the preliminary plat. 10. That permits be obtained from the Flathead Conservation District, Montana Department of Natural Resources and the Montana Department of Environmental Quality for work done along the creek channel or a letter from those agencies stating that the scope of work does not require permitting. (FCCD / DNRC) 11. That a minimum. 10-foot buffer shall be established between the western internal roadway and Greenbriar Subdivision to provide screening and buffering between the road and these houses. This shall be in the form of berming, fencing or landscaping or a combination thereof. These improvements are to be coordinated with the Kalispell Public Works Department, the Parks and Recreation Department and the homeowners in Greenbriar Subdivision to the west. 12. The following requirements shall, be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City - - - � - -- -- --.. A I- - - -' —' ._ • .. c .. n .. 1.. — � 5pec111UUue115 ac approved locations, Minimum fare flows shall oe in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter S. d. Secondary emergency vehicle access shall be provided in accordance with International Fire Code (2003) Chapter 5 and Kalispell Subdivision Regulations. e. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. f. Street naming shall be approved by the fire department. 13. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 14. That the areas designated on the plat as common shall meet the requirements for parkland dedication provided they are developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within. the development and not simply left as passive open space. A letter shall be submitted with the final plat stating that the common areas have been developed in accordance with the approved park development plan. (Kalispell Subdivision Regulations, Section 3.19). 15. That a detailed flood study be completed determining the exact location of the floodway. No fill, development or other disturbance of soil or vegetation shall be allowed within the floodway. The location of the roadways and bike path / secondary emergency access shall be relocated so that no fill, development or disturbance of vegetation occurs in the 100 year floodplain unless otherwise absolutely required. Any work, development or fill in the 100 year floodplain shall be kept to a minimum and shall be directly related to providing secondary emergency access for the subdivision of the north approximately 400 feet of the bike /and pedestrian path / emergency access road. It is anticipated that this may result in the reconfiguration and / or loss of lots within the subdivision. 16. A floodplain development permit shall be obtained from the Kalispell Floodplain Administrator for any limited but necessary work to be performed within the 100 year floodplain. 17. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of roads in the area to City standards which may be impacted by this development. 18. That a letter be obtained from the Kalispell Public Works Department stating that the proposed emergency accesses onto Cooper Lane has been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. 19. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09). 20. All existing and proposed casements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 21. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 22. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 23. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) . 24. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 25. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 26. That an easement agreement be obtained for the secondary emergency.access across the rivate property to the east that encompasses the nature and intent of the proposed roadway. 27. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. 28. That preliminary plat approval for the planned unit development shall be valid for a period of three years from the date of approval. (Kalispell Subdivision. Regulations, Section 2.04). MM WEST WOOD PARK PUD A request for a Planned Unit Development overlay on REQUEST property zoned RA-1 on approximately 8.97 acres to allow construction of a 33 lot residential subdivision. WEST WOOD PARK A request for preliminary plat approval of West Wood Park, a PRELIMINARY PLAT 33 lot residential subdivision located at the northern APPROVAL REQUEST terminus of Corporate Way between Two Mile Drive and Highway 2 West. STAFF REPORTS KPUD-05- Narda Wilson, with the Tri-City Planning Office, gave a 4 AND KPP-05-11 presentation of Staff Report KPUD-05-4, a request for a Planned Unit Development overlay on property zoned RA-1 on approximately 8.97 acres, and KPP-05-11, a Preliminary Plat approval request for West Wood Park, a 33 lot residential subdivision. Wilson explained the project and showed the site map. She stated that Highway 2 is located to the south of the property, east is Gateway West Mall, Two Mile Drive is directly to the north, National Flood is at the north end of Corporate Drive, and the Kalispell Bypass corridor is to the west. She said the property is currently zoned RA-1, Low Density Residential Apartment, with a minimum lot size of 6000 square feet for the first duplex, and 3000 square feet for each additional unit beyond a duplex; single family residences and duplexes are permitted uses, and multi -family uses require a conditional use permit in the RA-1 zone. Wilson stated there are approximately nine acres, and there are 33 dwelling units proposed instead of 34; there will be one, two- and three unit townhouse dwellings. She said by going with a PUD, it allows flexibility in the three unit townhouses, and a reduction in the setbacks in some locations in the development. She said the project consists of five three -unit townhouses, eight two -unit townhouses, and two single family dwellings on 9 acres and explained that the PUD allows multifamily uses without a CUP and a reduction in setbacks in some areas down to 5 feet; the RA-1 zone requires 20 feet in the front, 20 feet in the rear, and 10 feet on the sides, but the PUD would allow some lots to be closer. She said the developer is proposing some side loaded garages which don't front the street on some lots to have smaller setbacks, but they still must provide a 20 foot parking area for vehicles; Lots 1, 3, and 27 would be closer to the right of way, but they also would have side loaded garages. Wilson explained that there is a primary internal access road off of Corporate Drive, which is a loop road that exceeds the length of road that can exist without secondary emergency access. Because of that, there is a condition requiring a 20 foot wide second4g emer enc access road at the north end Kalispell City Planning Board Minutes of the special meeting of June 21, 2005 Page 13 of 20 of the property, which will also serve as a bike and pedestrian path. She said the property is bounded by Spring Creek to the east, which is a significant area of the 100 year flood plain, and there is also some flood way that has not yet been determined. She said that portions of the secondary emergency access road and the internal access road are in the 100 year flood plain, but that looks more like design than necessity; the staff is recommending that the roadway be reconfigured to the west to get it out of the flood plain, and relocate the emergency access to avoid the flood plain; that would leave a small portion of the emergency access road within the flood plain, which would have to be filled and graded. She said there would be a diminishing of the common area, but staff feels it is a design component, and preservation of the 100 year flood plain is the important thing; it could result in loss of some lots, but a roadway in the flood plain is unacceptable. She said staff also has concerns about the secondary emergency access, because the existing culvert would need to be replaced - the neighbors are worried about flooding. She said that Corporate Drive to the south empties onto Highway 2 West; this project will generate limited additional traffic, but not over what is anticipated for the road. There is City water and sewer close to Spring Creek, and the mains will be extended within the subdivision. Wilson stated that some of the parkland and common area is in the flood plain, and the common areas would be owned and maintained by the homeowners association; there is adequate common area, but staff would like to see some recreational amenities and a park area developed, and not just passive common area. Wilson finished by stating the density would be 3.7 dwellings per acre; this is in a high density residential zone, and so it is at the lower end of the density scale. She said this will be a single phase development, with storm water retention on site, and fire protection and police provided; there will be some additional children in the school district. There is a condition for a 10 foot landscape buffer along the western boundary, not in the right of way. She also said there is an access road along the west boundary, which creates road frontage on two sides on some lots in Greenbrier, and this needs to be mitigated. Wilson said that staff recommends adoption of the staff report and recommend to the City Council that the PUD be granted subject to the listed conditions, minus Condition 17 because it is a duplicate, and adoption of the Preliminary Plat subject to the listed conditions, also minus Condition 17. Kalispell City Planning Board Minutes of the special meeting of .tune 21, 2005 Page 14 of20 QUESTIONS BY THE Schutt asked why a road can't be built in the flood plain. BOARD Wilson said the roadways have to be two feet above the base flood elevation for access, which would mean filling the flood plain, and this looks more like a design issue than a necessity. She said the roads can be shifted, but we need to preserve the flood plain, and it is not necessary to build in the flood plain. The emergency access road would have the same requirement. Hinchey asked why the secondary access is not up to full City standards. Wilson said that all of the lots are accessed internally, and the City does not need the full standards. Norton asked if two entrances to mitigate the effects of traffic could be developed. Wilson said the flood plain could be an issue, and a 60 feet road would be a huge expense to the developer. She said they are trying to create a village concept, and traffic from Two Mile Drive will cut through the subdivision if there is an entrance on both sides. A grid street system is a good goal, but the pros and cons weighed more on not putting it in. In response to a question from Hinchey, Wilson said there will be a barrier by the emergency access. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS%AGENCIES Craig Denman, 315 Fox Hollow, stated that his initial concept was for multi -family units, and at this point the townhouse market is very hot. He said he shifted to a neighborhood plan, and his concept is to get houses closer to the street and garages off the street, to encourage more social interaction. He said there will be a uniform landscaped and maintained community so residents can walk through it; the traffic is slower, the houses are closer, and there will be a sidewalk with a nice landscaped boulevard. He said the plan is to put a buffer in on the west with mounds and trees and to create social interaction with walkways and pathways and make it a community that enjoys each other. Hinchey asked how they would accommodate the road alignment. Denman said he does not see a significant problem in relocating the road, and they may be able to do it with a hammerhead. He said there are other ways to redesign the road. Kalispell City Planning Board Minutes of (he special meeting of June 21, 2005 Page 15 of 20 Jinn Burton, 1304 3rd Avenue East, stated that the purpose of the PUD is for flexibility. He said some of the parking extends to the right of way, and the sidewalks will be in a meandering fashion, so parking in the right of way won't be a problem; residents can also park on the City streets. He said the density is 3.7 units per acre, and they have looked at redesigning the loop road and the secondary access; they can work with it, but they will lose a minimum of 2-3 units. Thor Jackola, 1120 Sunnyside Drive, stated that they are going to engage Jay Billmayer to study the flood plain and they would like to reserve the right to fill it if need be. He said the site map shows the current indicated flood plain. PUBLIC COMMENT I Opponents: Michael Britton, 490 Two Mile Drive, stated he has lived there for 32 years, and he wanted to draw attention to the fact that there is a critical problem with the elevation of the road that crosses the creek to his property, and any changes will impact his road to his property. He said the culvert was choked up with limbs and ice when the pictures he submitted to the Board were taken, even though they tried to clear it; more structures will manipulate the flood plain, and the road elevation is critical for keeping his house out of danger. Mark Drew, 152 Greenbriar Drive, stated he is speaking for several neighbors, and gave a short PowerPoint presentation.. He said they sent out a survey to all members of their homeowners association, and they wanted their interests and concerns known, which are summarized in his presentation. He said their three main concerns are the density of the project, the flood plain and water drainage in the area, and particularly the buffer between Greenbrier and this project. He also thanked the Board for all that they do. Joe Hickey, 147 Greenbriar, stated he lives by the 10 foot buffer and he wants an engineer to determine that their basements are not going to be flooded, and he is concerned about snowplowing and where the snow is going to be put. He said the road elevation will be higher than his back yard and the water will have nowhere to go but his yard. He said there are lots of basements with water issues as it is, and it is not designed well for snow removal and they will have snow drifts in the buffer. Lucy Rude, 141 Greenbriar, stated she went to the first meeting at the Hampton Inca, and that her concern is being able to look at the mountains; you can't stop development, but you should be able to tell you are in Montana. She said Kalispell City Planning Board Minutes of the special meeting of June 2 L 2005 Page 16 of 20 the developer told her that she would still be able to see the mountains when this is developed and that this is an awfully big development for nine acres; it will be crowded and traffic will be bad. Coral File's daughter wanted to know what they are going to do when this property floods and to develop it with that in mind. Deanna Schroeder, 486 Two Mile Drive, manages the five apartment buildings on Two Male, and said that they have a lawn that stays wet in the spring, and they have plumbing problems in the spring. She asked what the setback on Spring Creek is, and said she had traffic concerns. She agreed that we need somne elbow room and we should not be compromised by money and development. Pastor Dawn Shure stated her crawlspace has already had water in it, and if she is getting water now, the water will run into her house if this gets developed and she finds that distressing. Kathy Britton, 490 Two Mile Drive, stated that all of Greenbriar is on a significant slope, and all the water will drain down the slope. She asked how well the retention ponds will work in the winter with snow cover when the snow melts and stated it looks like a problem to her. She said the developers have been great to work with to mitigate their concerns, and a road through to Two Mile, which has no sidewalks or shoulders, would be disastrous and would feed people out on a blind curve. Joe Hickey, 147 Greenbriar Drive, stated that he would like sidewalks and a shoulder for the emergency access road. Marilyn Gartner, 518 Corporate Drive, stated she is taking the 55 Alive Driving class and was asked to draw a picture of what her worst traffic area was, and she drew the intersection of Corporate Drive and highway 2. She said that something should be done about that intersection and it is a bad place. Markie Sable, 153 Greenbriar, stated she is concerned about stagnant water and what health problems it could bring on. Bill Rice, 155 East Nicholas, stated that the Master Plan would allow a higher density with this project, and they wanted to do something a little different; they want to get away from all of the garages facing the street, and want some community interaction. He said there will be 16 feet between the back of the curb and the property line, and the water will be handled by engineers. Kalispell Cite Planning Board Minutes of the special meeting of June 21, 2005 Page 17 of 20 Janet Elliot, 145 Greenbriar, stated that she moved from one area because townhouses were being built there, and now they are building townhouses by this house. She said she would also lose her back yard because of the road. No one else wished to speak and the public hearing was closed. MOTION Taylor moved and Schutt seconded to adopt Staff Report KPUD-05-4 as findings of fact and recommend to the Kalispell City Council that a Planned Unit Development overlay on approximately 8.97 acres zoned RA-1 be approved subject to the listed conditions. DISCUSSION Taylor stated that he is very concerned with the water problem and that we have not heard any answers as to how it can be abated. He said there is more work that has to be done with the water, and as for the density, he is not sure we are violating the Growth Policy. He said the design is inviting, it is different and could work, but looks rather squeezed when you look closely; it all depends on the flood plain issue. He said that the buffer zone ties into the water issue, and we will not have enough information until the water issue is resolved. Hull said he is not too concerned about the water issues because of the approvals the developers must go through, but he does have an issue with stopping 400 feet short of Two Mile Drive without a proper City road; at the minimum he wants to see a 60 foot public easement even if they don't build it, or at least 30 feet on the west side in case that is developed. He said the unfinished road is not good policy for the future. Taylor stated he is also bothered by that, and wants to see some attempt at a solution; there should be more than one point of ingress and egress. Schutt said a connecting road through this subdivision would be a terrible idea, and through traffic from Two Mile will be a detriment. He said he likes the design of the layout, and it is not a cookie cutter design. He asked Wilson if it will be hooked up to the City storm water system. Wilson said there is no system, and storm water will need to be handled on site. She said an engineer would submit a plan to Public Works and they would review it. She said the current plan would have to be modified to a certain extent anyway because of the flood plain, but storm water can be channeled underground or through piping; that would come later after further analysis of the site. Kalispell City Planning Board Minutes of'the special meeting of June 21, 2005 Page 18 of 20 Hinchey stated he feels a connector to Two Mile Drive is really important, and there may be ways to mitigate the through traffic. He said that Hull had the right idea to at least keep the option open for a future connection, and some comments tonight are beyond our scope to do anything about. He said he feels the layout is very dense even at the low end, and he would rather see a couple less units, but he commended the developers on their design. He said he is also concerned with the water retention. Taylor also commended the developer and said it is an ingenious design and will serve its purpose; it is not cookie cutter, but we are sitting here tonight with not enough information. He stated he would like more answers and feels uneasy about passing this along to the City Council. Albert stated that he also has a water issue because he lives close to the area, and it will be a big concern unless there are alternatives on how to handle the water situation. Norton also commended the developer for the cluster development, and said he has no problem with the density; it does meet the guidelines in the Growth Policy, which is a living document and not every parcel is suited for that use. He said the developers are pushing the envelope with this design, and if they took it back and redesigned it then brought it back, it would be a good plan. He said he also shares the concerns with the storm water and road interconnectedness. He said the developers should look at the issues raised tonight and come up with a different design. MOTION I Norton moved and Taylor seconded to table the request. FURTHER DISCUSSION I Schutt asked which questions we are requesting answers on. Taylor answered the density issue, engineer the storm water drainage, viability of a 30 foot easement from the adjoining property with a 60 foot easement from there, and the possibility of eliminating the westerly road approach and the floodplalin. Schutt stated that a road going straight through this subdivision will be a detriment to this neighborhood, even though we do want a grid street system. Hull stated that there will be further development along Corporate Drive, and he wants to see a grid system with impediments other than speed bumps. Norton said the bypass would eliminate a lot of through traffic. Kalispell City Planning Board Minutes of the special meeting of June 21, 2005 Page 19 of 20 Taylor said we are not disapproving the project if we vote to table, but we are sending the message that we like the project but there is work that needs to be done before it is L,- ------ - , -- -1 - -- tUt W i_u ucu U11. ROLL CALL The motion to table passed 5-1 on a roll call vote with Gabriel absent. OLD BUSINESS Norton stated that annual officer elections are conning up. NEW BUSINESS There was no new business. ADJOURNMENT The meeting was adjourned at approximately 11:30 p.m. The next meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, July 12, 2005. George Taylor President Judi Funk Recording Secretary APPROVED as submitted/corrected: / /05 Kalispell City Planning Board Minutes of the special meeting of June 21. 2005 Page 20 of 20 AMENDED WESTWOOD PARK SUBDIVISION KALISPELL PLANNING DEPARTMENT STAFF REPORT #KPP-05-11A JULY fi, 2005 An amended staff report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for preliminary plat approval of a 33 32 lot residential subdivision with a Planned Unit Development (PUD) overlay on property zoned RA-1. A public hearing was has been seheduled held before the Kalispell City Planning Board for June 21, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION: This is a request preliminary plat approval that has been filed concurrently with a planned unit development to allow the development of a residential subdivision in the city of Kalispell. A. Petitioner and Owners: Bill Rice West Wood Partnership 5733 Hwy 93 South Whitefish, MT 59937 (406) 863-9925 Craig and Connie Denman 5733 Hwy 93 South Whitefish, MT 59937 (406) 863-9925 Technical Assistance: TKP Partnership 1509 Washington Ave Golden, CO 80401 (303) 278--8840 B. Location and Legal Description of Property: The property is located at the northern terminus of Corporate Way between Two Mile Drive and Hwy 2 West. A request for preliminary plat approval of Westwood Park Subdivision has been filed concurrently with the PUD request. The property can be described as Assessors Tracts 2CK, 2CH and 2CE located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Nature of the Request: This is a request for preliminary plat approval of a residential subdivision with a Planned Unit Development zoning overlay on property zoned RA-1, Low Density Residential Apartment. The subdivision and PUD will be known as Westwood Park. This subdivision proposes 33 32 dwelling units on approximately 8.97 acres that would be comprised of a .mix of one family, two family and three family dwellings that would be developed as townhouses for individual ownership. A loop roadway will serve the lots in the subdivision that is a northern extension of an existing City street, Corporate Drive. Secondary emergency access is being provided via a 20 foot wide paved access road that exists to the east of the site that will be upgraded to comply with the required standards. A bike and pedestrian. I path will be developed to the north that exits onto Two Mile Drive. The center of the development would back up to a central open space that has been provided. Spring Creek creates the eastern boundary of this property where there is significant 100 year floodplain and some flood -way. The proposed plan departs from zoning in that there is open space within the subdivision and smaller lot sizes within a building area. Setbacks have been reduced in some cases to allow a different configuration of some of the buildings with an attempt at providing a side access so that garages do not face the street. The PUD allows the creation of the three unit townhouses without having to go through the conditional use permit process which would be required in the RA-1 zoning district for multi -family dwellings. Additionally, the concept of open space areas between the lots with a reduction in actual lot size is feasible under the planned unit development mechanism. A full discussion of the proposed planned unit development is provided to the board in the companion staff report KPUD-05- 4A. D. Size: Total Area: 8.974 acres Area in Lots: 3.854 acres Area in Roads: 2.319 acres Common Area: 2.801 acres E. Existing Land Use: The site is currently occupied by a single family dwelling which will be kept and conveyed separately and is not a part of this development. Otherwise, the property is undeveloped. F. Adjacent Land Uses and Zoning: North: Single family residential, County R-1 zoning South: Multi -family, offices and retail, City B-3 and RA-1 zoning East: Multi -family and floodplain, RA-1 zoning West: Single family residential, County R-1 and City R-4 zoning G. General Land Use Character: The general land use character of this area is a mix of high density residential to the northwest and southwest, commercial to the south and west and single family to the west. It lies in a transition area between the rural and urban areas of west Kalispell. H. Zoning: This property is in the city of Kalispell and has a zoning designation of RA- H, Low Density Residential Apartment. This zoning district has a minimum lot size requirement of 6,000 square feet and allows single family homes and duplexes as permitted uses. Multi -family dwellings are listed as a conditionally permitted use in the district with an allowable density of one dwelling per 3,000 square feet. The setbacks in the RA-1 zoning district are 20 feet in the front, rear and side corner and 10 feet on the sides. With the PUD process, consideration can be given in reducing the setbacks in order to gain better design as well as addressing the conditional use permit requirement for multi -family dwellings. 2 L Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Telephone: CenturyTel Schools: School District #5 Fire: Kalispell Fire Department Police: City of Kalispell COMMENTS FROM THE SITE DEVELOPMENT REVIEW COMMITTEE AND PUBLIC This matter came before the site development review committee on June 2, 2005 and June 9, 2005. One of the primary issues identified was the floodplain that lies to the east of the site and the apparent development work being proposed not only in the floodplain but in the floodway. The exact location of the floodway will need to be determined and the subdivision should avoid any work in the 100 year floodplain area. The PUD proposes deviations to the setbacks. Some deviation to the setbacks were acceptable provided that cars are not in the public right-of-way when parked in front of the garage. A resident in the nearby Westgate Senior Apartments called to express opposition to the development unless it was restricted to senior housing (which it is not). Concerns related to traffic, trespass, noise, density and animals. • The residents who live on the west side of the secondary emergency access came into the office and were concerned about changes to the culvert that may result in flooding of their property. They were not opposed to the subdivision per se. Photos of the flooding of their driveway in 1997 have been included in the packet. • A resident of Greenbriar Subdivision to the west came to the office seeking information regarding the preliminary plat and the planned unit development. Please see the attached cover memo with this report that -ives a detailed explanation of the neiehborhood meeting that was held on June 27, 2005, the issues discussed and the gaeed upon resolution to those issues. REVIEW AND FINDINGS OF FACT This application is reviewed as a major subdivision in accordance with statutory criteria and the Kalispell City Subdivision Regulations. A. Effects on Health and Safety: Fire: This property is in the service area of the Kalispell. Fire Department and would be considered to be at low risk of fire because the subdivision and homes within the subdivision Would be constructed in accordance with the fire code and have access which meets City standards. All of the lots will abut a street that has been constructed to City standards. Hydrants will be required to be placed in compliance with the requirements of the International Fire Code and approved by the fre department. The fire access and suppression system should be installed 3 and approved by the faze department prior to final plat approval because of potential problems with combustible construction taking place prior to adequate fire access to the site being developed. Secondary access will be required since the roadways do exceed the maximum standards. Flooding: According to the FIRM Panel for the city of Kalispell there is a significant area of 100 year floodplain as well as floodway on the site. Spring Creek forms the eastern boundary of the subdivision and has an established base flood elevation of 2963. Portions of the secondary emergency access road and the internal access road are located in the 100 year floodplain and perhaps in the floodway. In conjunction with the secondary emergency access road / bike and pedestrian path, there will need to be a crossing over the creek and 100 year floodplain in order to build this road. In order to develop a crossing over the creek the developer will be required to obtain a floodplain development permit from the City of Kalispell and a 310 permit from the Flathead Conservation District. Additionally, there are sections of the internal roadways that are located in the 100 year floodplain and perhaps the floodway. This is problematic because it will require falling the 100 year floodplain in order raise it two feet above base flood elevation. The necessity to fill the floodplain for these roadways appears to be a matter of design rather than necessity and the staff would recommend the shifting of the roads and bike path to the west to avoid the need to fill the floodplain. This may result in the reconfiguration of the lots and perhaps the loss of one or more lots iri the subdivision. It is important that when the secondary emergency access road is developed that consideration be given to the adequate sizing of the culvert and the potential impacts that raising this road two feet above base flood elevation may have on the adjoining property owners to the west-. Access: Access to the subdivision will be from the extension of an existing City street, Corporate Drive to the south. This roadway will be extended into the subdivision that will fon-n an internal loop road. Secondary access is proposed via a 20 foot wide paved emergency access to tke north that. nil e_dt . me mPwe Mile will be to the east of the site and connect with an existing aved driveway. Secondary access would be limited to emergency vehicles only while Corporate Drive would function as the primary access road. Corporate Drive connects with Highway 2 West to the south. Corporate Drive is a fairly new City street that has been developed within the last 10 years and is in good condition. Hwy 2 West is a federal highway that is maintained by the State and is also in generally good condition. This subdivision will generate limited additional traffic onto Hwy 2 and onto Corporate Drive but additional traffic would not be in excess of levels that are anticipated or beyond the capacity of the roadways that will serve the subdivision. B. Effects on Wildlife and Wildlife Habitat: This property has some significant topography related to Spring Creek which forms the eastern boundary of the property. It appears to provide habitat for a variety of grasses, cattails and birds There may be some migratory birds and occasional deer may visit the site, however, this area does not appear to provide significant habitat for wildlife. The developer will be required to limit impacts to the riparian area within the site by avoiding any filling or disturbance of the 100 year floodplain or floodway. This will insure that the riparian area would not be disturbed, but rather would be left 4 C. 0 in a natural state. Effects on the Natural Environment: Surface and groundwater: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. Spring Creek runs along the east boundary of the property and could potentially be impacted by construction and development in the area. Best management practices should be taken when working along this drainage and the developer should clearly stake and protect the 100 year floodplain area. Preliminary groundwater testing indicates there is no high groundwater in the are area. Problems associated with standing water on neighboring -properties to the west appear to be a result of the surface water that has a slow absorption rate because of impermeable clav soils in some areas. An engineered stormwater management plan will be fully developed that utilizes collection of stormwater _within the site which will be transported to developed retention areas within the development, Drainage: This site has some limited topographical constraints related to the floodplain and floodway area but should not pose unusual challenges to site drainage. Curbs and gutters will be installed with the subdivision and an engineered storm drain management plan will have to be developed to address the runoff from, the site. There is no storm drain system in the immediate area and storm water will have to be managed using on -site retention methods as part of an engineered stormwater management plan. The drainage plan will have to comply with the City of Kalispell's standards and State standards and will be required to be reviewed and approved by the Kalispell Public Works Department. Effects on Local Services: Water: Water service to the subdivision would be provided by the City of Kalispell and extended from a main that lies to the south of this subdivision in Corporate Drive right of way, a City street. The main would be extended from its current location to the north to serve the subdivision. It is uncertain at this juncture if a water loop connection for the subdivision will be required since it will depend on the fire flows that can be obtained and whether they will meet the requirements of the fire code. The water system, will be completed prior to final plat submittal. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department and the Kalispell Fire Department as part of the development of the subdivision. There is adequate capacity within the City's water system to accommodate this development. Sewer: Sewer service will be provided by the City of Kalispell with an extension of existing sewer mains from their current location near and within the subdivision. There is a force main that lies to the west of this subdivision and this could be used for service along with an existing lift station. Design and construction of the mains will be reviewed and approved by the Kalispell Public Works Department. There is adequate capacity within the sewage treatment plan to accommodate this development- 5 Roads: Traffic projections for this subdivision are estimated to be approximately 264 to 330 additional individual vehicle trips per day based on the estimate of 8 to 10 vehicle trips per residence per day in the area onto Corporate Drive and US Hwy 2. The internal subdivision roads will be constructed to City standards and would include curb, gutter, sidewalks and landscape boulevards within the subdivision. Corporate Drive is a City street in good condition that has been developed within the last several years. The impacts of this subdivision to Corporate Drive will generally be minimal since it already provides access to commercial development in the area such as National Flood, a new retail office building and other light commercial uses in Ashley Square which lies to the southeast of this property. It does not appear that any improvements to Corporate Drive would be necessary as a result of the impacts associated with this subdivision. Corporate Drive accesses onto Highway 2 West. As with any access onto Hwy 2 there is a potential for delays in accessing the highway particularly during peak traffic hours such as morning and evening commuter traffic. However, the overall impact to the traffic volumes onto Highway 2 West and the service it provides will be insignificant. Schools: This development is within the boundaries of the .Kalispell School District ##5. The school district could anticipate that an additional 15 to 17 school aged children might be generated into the district at full build out. This number is used because it takes into account pre-school aged children., home school education options and private school education option. Not all of the children who live in the subdivision will be attending public schools. This would have a potentially insignificant impact on the district. Parks and Open Space: The state and local subdivision regulations have parkland / open space requirements for major subdivisions in the amount of 11 percent or one -ninth of the area proposed for the development. The area in lots is approximately 3.854 acres. However, the design of the subdivision uses common area around the lots that would be conventionally made part of the lots so this area in lots is somewhat skewed toward a lower amount. Common area is indicated on the park in several locations within the subdivision. There is a common area at the entrance of the subdivision that will generally function as an entrance to the subdivision and for a subdivision sign. Another common area is located near the southeast corner of the site that is located in the 100 year floodplain that has the potential for development as a pseudo park and storm water management area. A common area is also located to the north where the bike, pedestrian and emergency access road is located and around the buildings. The largest common area is located between the internal block of lots that has been proposed with a meandering sidewalk and those lots will back up against this common area. Common areas are also located within the subdivision around some of the lots. All of the common areas would be owned and maintained by the homeowners association. The developer will be responsible for developing amenities within the common area that is also being proposed to meet the parkland dedication requirements of the subdivision regulations. Amenities that should be developed within the primarily common area would include the 6 proposed sidewalk, picnic area and other appropriate amenities so that the common areas actually provide a recreational amenity to the subdivision. The homeowners association would be responsible for the maintenance of the common area and open space once the subdivision is developed. The City would accept the common area as meeting the parkland dedication requirements provided they are developed to provide a recreational amenity within the subdivision. A plan should be coordinated with the parks and recreation department to develop a recreational component into the common area. This should be completed or otherwise adequately addressed through bonding at the time of final plat submittal. Police: This subdivision is in the jurisdiction of the City of Kalispell Police Department The department can adequately provide service to this subdivision., however the cumulative impacts of growth 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 Kalispell Fire Department. The subdivision will be required to comply with the International Fire Code and the requirements of the Kalispell Fire Department. The fire department will review and approve the secondary access to the subdivision along with the number and location of hydrants within the subdivision as well as fire flows for compliance with applicable fire codes. Although fire risk is low because of good access and fairly level terrain, the fire department is recommending that access to the subdivision and the hydrants are in place prior to final plat approval and % or use of combustible materials in construction. Solid Waste: Solid waste will be handled by the City of Kalispell and taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Hospital is close, less than three miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has been traditionally used for very limited agricultural purposes, primarily grazing and is more efficiently and effectively used for urban residential development. Its location and its proximity to urban services makes this property suited for urban scale development. There will be relatively little impact on agricultural uses within the Valley and no impact on agricultural water user facilities since this property will be served by a public water system. F. Relation to the Kalispell Growth Policy: This property is in the Kalispell Growth Policy's potential utility service area and is anticipated for this type of urban scale development at the time of connection to City utilities. The future land use map for the area indicates this area is anticipated to be developed as High Density Residential. This land use designation anticipates a density of up to three to 12 dwelling units per acre. The subdivision has a density of approximately 3-.-7 3.0-6 dwelling units per acre. This subdivision is in compliance 7 with the Kalispell Growth Policy and its goals and policies. G. Compliance with Zoning: As previously noted an application for a planned unit development has been fated concurrently with the preliminary plat application. The PUD will address the deviations from zoning that are related to setback areas and will address the need for a conditional use permit for the multi -family dwellings that would other wise be required. H. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations and no variances have been requested. RECOMMENDATION The staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP-05-11A as findings of fact and recommend to the Kalispell City Council the preliminary plat be approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. That the plans and specifications for all public infrastructure be designed and in accordance with Kalispell's Standards for Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, n'l irrn Qf-n-nr nrr Q Qi-r-tinn g 0 11 �.... .�,. ....ti.,��..�...,.....,, ..,..,,,..�., ..,.., gyp. 3. A letter shall be submitted with the final plat from a engineer licensed in the state of Montana certifying the improvements have been constructed in accordance with the approved plans and specifications. As built drawings shall be submitted to the Kalispell Public Works Department prior to final plat submittal for the completed infrastructure. A letter from the public works department shall accompany the engineer's certification stating that this condition has been met or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01) 4. An engineered stormwater management lan shall be developed which utilizes on site retention methods and insures that adjoining properties will not be impacted b stormwater runoff snow melt or surface water. 5. Front yard setbacks for the townhouses that have garage access directly along the right of way shall be setback a minimum of 20 feet to insure that all vehicle parking is outside the public right of way. This would not apply to townhouses that have some other provision for handling access and on site parking, (Site Development Review Committee) 6. A minianuxn 20 foot rear setback shall be maintained between the buildings and the exterior boundaries of the subdivision. 8 7. That covenants, conditions, and restrictions for the subdivision shall be provided that include a provision for the private conservation and maintenance of common areas as well as compliance with the approved planned unit development elevation drawings, treatments and other architectural elements. 8. A note on the face of the fma.l plat shall be provided for the pro -rates share of ownership of the common area for taxation purposes. 9. Townhouse lots within the subdivision shall be identified by a lot number and letter such as Lot 1A, 1.B or 1C rather than being numbered sequentially as shown on the preliminary plat. 10. That permits be obtained from the Flathead Conservation District, Montana Department of Natural Resources and the Montana Department of Environmental Quality for work done along the creek channel or a letter from those agencies stating that the scope of work does not require permitting. (FCCD % DNRC) 11. That a minimum 10-foot buffer shall be established between the western internal roadway and Greenbriar Subdivision to provide screening and buffering between the road and these houses. This shall be in the form of berming, fencing or landscaping or a combination thereof. These improvements are to be coordinated with the Kalispell Public Works Department, the Parks and Recreation Department and the homeowners in Greenbriar Subdivision to the west.. 12. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International. Fire Code (2003) Chapter 5. d. Secondary emergency vehicle access shall be provided in accordance with International Fire Code (2003) Chapter 5 and Kalispell Subdivision Regulations. e. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. f. Street naming shall be approved by the fire department. 13. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 14. That the areas designated on the plat as common shall meet the requirements for parkland dedication provided they are developed in accordance with a plan approved by the Kalispell Parks and Recreation. Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. A letter shall be submitted 9 with the final plat stating that the common areas have been developed in accordance with the approved park development plan. (Kalispell Subdivision Regulations, Section 3.19). 15. That a detailed flood study be completed determining the exact location of the floodway. No fill, development or other disturbance of soil or vegetation shall be allowed within the floodway. The location of the roadways and bike path / secondary emergency access shall be relocated so that no fill, development or disturbance of vegetation occurs in the 100 year floodplain unless otherwise absolutely required. Any work, development or fill in the 100 year floodplain shall be kept to a minimum and shall be directly related to providing secondary emergency access for the subdivision of the north approximately 400 feet of the bike / and pedestrian path / emergency access road. It is anticipated that this may result in the reconfiguration and / or loss of lots within the subdivision. 16. The boundaries of the 100 year floodplain and the floodway shall be indicated on the final plat. 17. A floodplain development permit shall be obtained from the Kalispell Floodplain Administrator for any limited but necessary work to be performed within the 100 year floodplain. 18. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of roads in the area to City standards which may be impacted by this development. 19. That a letter be obtained from Flathead County Road Department stating that the proposed accesses onto Two Mile Drive has been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. 20. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the finial plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09). 21. All existing and proposed easements shall be indicated on the face of the final. plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 22. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section. 3.22). 23. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 10 24. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 25. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 26. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 27. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. 28. That preliminary plat approval for the planned unit development shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). IOW 11 Ilk .......... .......... 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