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,
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�.... .�,. ....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
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