02. Resolution 5010 - Preliminary Plat Amendment - Empire Estates Phases 4, 5 & 6TTri-City Planning Office
17 Second Street East —Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricitygeenturytel. net
www.tricitypianning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
SUBJECT Empire Estates Phases 4 through 6 - Amended Preliminary Plat
MEETING DATE: May 16, 2005
BACKGROUND: This is a request for approval of an amended preliminary plat in
Empire Estates Subdivision Phases 4 through 6 that would convert 21 single family
lots to 34 two unit townhouse lots. In Block 3, 11 single family lots are being
converted to 20 townhouse lots and Block 5, ten single family lots are being converted
to 14 townhouse lots. The remaining area within the phases is unchanged. The area
within Phases 4 through 6 contains approximately 18.815 acres and with this
amendment a total of 13 additional lots are being created in this area. Also, one
townhouse lot was eliminated as a result of re -platting these lots due to additional
setback required on the corner. There would be no changes to the internal road
system, accesses or other circulation within or around the subdivision.. The property
is located on the northeast corner of Three Mile Drive and Stillwater Road. The
property is zoned R-4, Two Family Residential, which anticipates single family and
two family residential dwellings.
A public hearing was held before the Kalispell Planning Board on April 19, 2005.
During the hearing Erica Wirtala, representing the applicants, spoke stating they felt
this was in response to the market and a good location for these additional lots.
During the public hearing, two people who own a single family home in Phase 1 spoke
in opposition to the conversion to townhouse lots stating there were already too many
two family units in the subdivision that were being used for rentals and speculative
investment. No one else spoke.
After the public hearing the board discussed the proposal, the density in the area, the
market that is driving the townhouse demand, and other development in the area.
They agreed this is consistent with other subdivisions in the area. A motion was
made to recommend approval of the preliminary plat subject to the amended
conditions which passed on a vote of four in favor and one opposed.
RECOMMENDATION: The Kalispell City Council approve the amended preliminary
plat subject to conditions.
FISCAL EFFECTS: Limited positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls -
Empire Estates Phases 4-6 Amd Preliminary Plat
May 10, 2005
Page 2
Respectfully submitted,
Narda A. Wilson
Senior Planner
Report compiled: May 10, 2005
c: Theresa White, Kalispell City Clerk
Tames H.�7;a�t
City Manager
Attachments: Transmittal letter
Staff report #KPP-05-5 and application materials
Draft minutes from 4/ 19/05 planning beard meeting
TRANSMIT \KALISPEL\ 2005 \KPP-05-5MEM
RESOLUTION NO.5010
A RESOLUTION APPROVING CERTAIN REVISIONS TO THE PRELIMINARY PLAT
OF EMPIRE :ESTATES SUBDIVISION, PHASES 4-6, MORE PARTICULARLY
DESCRIBED ON EXHIBIT "A", IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M:., FLATHEAD COUNTY, MONTANA.
WHEREAS, the City Council of the City of Kalispell passed Resolution 4806 on July 7, 2003,
approving the preliminary plat for Empire Estates Subdivision, subject to certain
conditions, and
WHEREAS, the Developer now desires to make certain revisions to the preliminary plat, namely,
creating 34 townhouse lots from 21 single family lots, and
WHEREAS, these revisions are considered to be major revisions to the preliminary plat and
therefore necessitated the project going before the Kalispell City Planning Board for
a second time, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
April 19, 2005, on the proposal and reviewed Subdivision Report ##KPP-05-5 issued
by the Tri-City Planning Office, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the amendment of the Preliminary Plat of Empire Estates Subdivision,
Phases 4-6, subject to certain amended conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 16,
2005, reviewed the Tri-City Planning Office Report #KPP-05-5, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the evidence, that the amendment to the Preliminary Plat is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of fact contained in Tri-City Planning Office Report
#KPP-05-5 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Wayne E. Turner for amendment of the Preliminary
Plat of Empire Estates Subdivision, Phases 4-6, Kalispell, Flathead County,
Montana is hereby approved subject to the following amended conditions:
Development of the subdivision shall be platted in substantial compliance with the preliminary
plat as amended and approved which governs the location of lots and roadways within the
subdivision.
2. That the roadways serving the subdivision shall be constructed in accordance with the adopted
Design and Construction Standards for the City of Kalispell for local streets.
3. That a letter be obtained from the Kalispell Public Works Department approving the plans and
specifications for water, sewer and drainage facilities for the subdivision.
4. A letter from an engineer licensed in the State of Montana certifying that the improvements
have been installed according to the required specifications shall be submitted at the time of
final plat approval along with a letter from the Kalispell Public Works Department stating that
the required improvements have been inspected and comply with the City standards.
5. Development of the landscape boulevard with location of street trees shall be placed in
accordance with a plan approved by the Kalispell Parks and Recreation director.
6. A storm water drainage plan which has been designed by an engineer licensed in the State of
Montana shall be prepared which complies with the City's Design and Construction Standards
and shall be reviewed and approved by the Kalispell Public Works Department.
7. That the developer obtain a letter from the Montana Department of Transportation approving
the intersection of the new internal roadway and Three Mile Drive and certifying that any
necessary improvements have been made.
8. That the developer obtain a letter from the Montana Department of Transportation approving
the proposed roadway crossing through the Kalispell Bypass and certify that any necessary
improvements have been made.
9. That the developer obtain a letter from the Flathead County Road Department approving the
new intersections with Stillwater Road and the new internal subdivision roads and shall include
a post construction inspection that certifies any necessary improvements have been made.
10. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and
Stillwater Drive and the subdivision that would include a bike and pedestrian trail and buffering
in the form of a landscape berm or other acceptable landscaping. These improvements are to be
coordinated with the Kalispell Public Works Department, Parks and Recreation Department
and Flathead County.
11. The road 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.
12. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service.
13. That the parkland dedication requirements shall be one -ninth or 11 percent of the area in lots or
4.516 acres. The 1.748 park area as indicated on the plat will meet that requirement in part.
The remaining 2.768 acres shall be addressed through cash in lieu of parkland in the amount of
$15,000 per acre or $41,520 which shall be used for development of the park area coordinated
through the Kalispell Parks and Recreation Department.
14. A. maintenance agreement for the park and common areas shall be included with the final plat.
15. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties.
16. That the lots within the subdivision be reconfigured so that all lots meet the minimum. 50-foot
lot width requirements of the R-4 zoning district and the minimum lot size requirements of
6,000 square feet exclusive of any easements.
17. Mitigation of traffic impacts must be addressed by the developer in accordance with MDOT
requirements.
18. A note be placed on the face of the final plat that the lots not designated as townhouse be
developed as single-family residential.
19. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision
shall be completed prior to final plat submittal. With the filing of the final plat for each phase,
an additional three-year extension shall be automatically granted for subsequent phases.
20. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
21. That preliminary approval shall be valid for a period of three years from the date of approval.
SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Cleric 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 16TH DAY OF MAY, 2005.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
EXHIBIT "A"
Turner Legal Description
Property can be described as being the West Half of the Southwest quarter of Section 1, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana. Subject to and together with a 60'
County road known as Stillwater Road.
Tri-City Planning Office
17 Second Street East -- Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
May 10, 2005
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Empire Estates Phases 4 through 6 - Amended Preliminary Plat
Dear Jim:
The Kalispell City Planning Board met on April 19, 2005, and held a public hearing to
consider a request by Wayne E. Turner for approval of an amended preliminary plat in
Empire Estates Subdivision Phases 4 through 6 that would convert 21 single family
lots to 34 two unit townhouse lots. In Block 3, 11 single family lots are being
converted to 20 townhouse lots and Block 5, ten single family lots are being converted
to 14 townhouse lots. The remaining area within the phases is unchanged. The area
within Phases 4 through 6 contains approximately 18.815 acres and with this
amendment a total of 13 additional lots are being created in this area. Also, one
townhouse lot was eliminated as a result of re -platting these lots due to additional
setback required on the corner. There would be no changes to the internal road
system., accesses or other circulation within or around the subdivision. The property
is located on the northeast corner of Three Mile Drive and Stillwater Road. The
property is zoned R-4, Two Family Residential, which anticipates single family and two
family residential dwellings.
Narda Wilson, of the Tri-City Planning Office, presented staff report #KPP-05-5
evaluating the proposal and recommending approval of the preliminary plat subject to
the conditions outlined in the staff report.
During the meeting Erica Wirtala, representing the applicants, spoke stating they felt
this was in response to the market and a good location for these additional lots.
During the public hearing, two people who own a single family home in Phase 1 spoke
in opposition to the conversion to townhouse lots stating there were already too many
two family units in the subdivision that were being used for rentals and speculative
investment. No one else spoke.
After the public hearing the board discussed the proposal, the density in the area, the
market that is driving the townhouse demand, and other development in the area.
They agreed this is consistent with other subdivisions in the area. A motion was made
to approve the preliminary plat subject to the recommended amended conditions
outlined in attached Exhibit A which passed on a vote of four in favor an one opposed.
Providing Community Planning Assistance To;
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Empire Estates Phases 4 through 6 Amended Preliminary Plat
May 10, 2005
Page 2
Please schedule consideration of this preliminary plat for the Kalispell City Council
meeting of May 16, 2005. You may contact this board or Narda Wilson at the Tri-City
Planning Office if you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
George Taylor;
President
GT/NW/ma
Attachments: Exhibit A -- Recommended Conditions of Approval
Staff report KPP-05-5 and application materials
Draft minutes 4 / 19 / 05 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Wayne E. Turner, 3300 Hwy 2 West, Kalispell, MT 59901
Sands Surveying, Inc., 2 Village Loop, Kalispell, MT 59901
WMW Engineering, 50 West Second St., Whitefish, MT 59937
x: \FPDo,TRANSIMIT\KALISPEL\20o5 � KPP-os- Lnoc
Empire Estates Phases 4 through 6 Amended Preliminary Plat
May 10, 2005
Page 3
EXHIBIT A
EMPIRE ESTATES PHASES 4 THROUGH fi AMENDED PRELIMINARY PLAT
CONDITIONS OF APPROVAL AS RECOMMENDED BY THE
KALISPELL CITY PLANNING BOARD
APRIL 19, 2005
The Kalispell City Planning Board is recommending the following conditions to the
Kalispell City Council for the above referenced preliminary plat. A public hearing was
held on this matter at the April 19, 2005 planning board meeting:
1. Development of the subdivision shall be platted in substantial compliance with
the preliminary plat as amended and approved which governs the location of lots
and roadways within the subdivision.
2. That the roadways serving the subdivision shall be constructed in accordance
with the adopted Design and Construction Standards for the City of Kalispell for
local streets.
3. That a letter be obtained froro the Kalispell Public Works Department approving
the plans and specifications for water, sewer and drainage facilities for the
subdivision.
4. A letter from an engineer licensed in the State of Montana certifying that the
improvements have been installed according to the required specifications shall
be submitted at the time of final plat approval along with a letter from the
Kalispell Public Works Department stating that the required improvements have
been inspected and comply with the City standards.
5. Development of the landscape boulevard with location of street trees shall be
placed in accordance with a plan approved by the Kalispell Parks and Recreation
director.
6. A storm water drainage plan which has been designed by an engineer licensed in
the State of Montana shall be prepared which complies with the City's Design and
Construction Standards and shall be reviewed and approved by the Kalispell
Public Works Department.
7. That the developer obtain a letter from the Montana Department of
Transportation approving the intersection of the new internal roadway and Three
Mile Drive and certifying that any necessary improvements have been made.
8. That the developer obtain a letter from the Montana Department of
Transportation approving the proposed roadway crossing through the Kalispell
Bypass and certify that any necessary improvements have been made.
Empire Estates Phases 4 through 6 Amended Preliminary Plat
May 10, 2005
Page 4
9. That the developer obtain a letter from the Flathead County Road Department
approving the new intersections with Stillwater Road and the new internal
subdivision roads and shall include a post construction inspection that certifies
any necessary improvements have been made.
10. That a minimum 20-foot buffer strip shall be established between Three Mile
Drive and Stillwater Drive and the subdivision that would include a bike and
pedestrian trail and buffering in the form of a landscape berm or other acceptable
landscaping. These improvements are to be coordinated with the Kalispell Public
Works Department, Parks and Recreation Department and Flathead County.
11. The road 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.
12. The developer shall provide a letter from. the U.S. Postal Service approving the
plan for mail service.
13. That the parkland dedication requirements shall be one -ninth or 11 percent of
the area in lots or 4.516 acres. The 1.748 park area as indicated on the plat will
meet that requirement in part. The remaining 2.768 acres shall be addressed
through cash in lieu of parkland in the amount of $15,000 per acre or $41,520
which shall be used for development of the park area coordinated through the
Kalispell Parks and Recreation Department.
14. A maintenance agreement for the park and common areas shall be included with
the final plat.
15. Street lighting shall be located within the subdivision and shall be shielded so
that it does not intrude unnecessarily onto adjoining properties.
16. That the lots within the subdivision be reconfigured so that all lots meet the
minimum 50-foot lot width requirements of the R-4 zoning district and the
minimum lot size requirements of 6,000 square feet exclusive of any easements.
17. Mitigation of traffic im acts must be addressed by the develo er in accordance
with MDOT requirements.
18. A note be placed on the face of the final plat that the lots not designated as
townhouse be developed as single-family residential.
19. That a minimum of two-thirds of the necessary infrastructure for each phase of
the subdivision shall be completed prior to final plat submittal. With the fling of
the final plat for each phase, an additional three-year extension shall be
automatically granted for subsequent phases.
Empire Estates Phases 4 through 6 Amended Preliminary Plat
May 10, 2005
Page 5
20. All areas disturbed during development of the subdivision shall be re -vegetated
with a geed -free max immediately after development.
21. That preliminary approval shall be valid for a period of three years from the date
of approval.
AMENDED PLAT OF EMPIRE ESTATES PHASES 4 THROUGH 6
PRELIMINARY PLAT
TRI-CITY PLANNING OFFICE
STAFF REPORT KPP-05-5
APRIL 11, 2005
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
a request to amend the preliminary plat for Empire Estates. A public hearing on this
proposal has been scheduled before the planning board for April 19, 2005 in the
Kalispell City Council Chambers. The planning board will forward a recommendation
to the city council for final action..
BACKGROUND: The applicants are proposing to amend the preliminary plat for
Empire Estates Phases 4 through 6 that would convert 21 single family lots to 34
townhouse lots. The property is located on the northeast corner of Three Mile Drive
and Stillwater Road.
A. Petitioner and Owners:
Technical Assistance:
Wayne E. Turner
3300 Hwy 2 West
Kalispell, MT 59901
(406) 257-1682
Sands Surveying, Inc.
2 Village Loop
Kalispell, MT 59901
(406) 755-6581
WMW Engineering
50 West Second St.
Whitefish, MT 59937
B. Nature of Application.: This is a request for an amendment to the preliminary
plat approval of Empire Estates Phases 4 through 6 that would convert 21 single
family lots to 34 two unit townhouse lots. In Block 3, 11 single family lots are
being converted to 20 townhouse lots and Block 5, ten single family lots are being
converted to 14 townhouse lots. The remaining area within the phases is
unchanged. The area within Phases 4 through 6 contains approximately 18.815
acres and is in the southwestern portion of the Empire Estates subdivision. The
developer has found keen interest in the market for the two unit townhouse lots
and would like to create additional lots for those sales. Essentially, a total of 13
additional lots are being created in this area. Also, one townhouse lot was
eliminated as a result of replatting these lots due to additional setback required
on the corner. The increase in the number of lots from single family to two unit
townhouses cannot be considered to be a minor modification to the preliminary
plat and therefore requires that the developer go through the major subdivision
review process again in order to create the additional lots.
There would be no changes to the internal road system, accesses or other
circulation within or around the subdivision. The area near the main entrance is
being reduced in size due to a reconfiguration of the lots to the east. This area
labeled park functions more as an entrance feature and was not considered to be
considered in satisfying the parkland dedication requirement and does not effect
the function of this area or the subdivision design..
C. Location and Legal Description of Property: The property proposed for
amendment within the subdivision lies near the southeast corner of the Empire
Estates Subdivision. The amended area includes Phases 4 through 6 of the
preliminary plat for Empire Estates. The subdivision lies at the northeast corner
of Three Mile Drive and Stillwater Road or approximately three quarters of a mile
west of North Meridian Road. The property can be described as a portion of
Assessor's Tract 3, located in Section 1, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana.
D. Size:
Total Area: 18.1815 acres
Total Lot Area in Lots: 13.181 acres
Area in Roads: 5.342 acres
Minimum Lot Size: 3,600 square feet (sublot)
Maximum Lot Size: 6,100 square feet
E. Existing Land Use: There is a single family home on this property close to Three
Mile Drive near the center of the property and some outbuildings. The remaining
portion of the property is currently in agricultural use and is otherwise
undeveloped.
F. Adjacent Land Uses and Zoning: The area can be described as in a transitional
state as utilities have become available with recent subdivision activity in the
area. Most of the land to the north is in Phases 1 and 2 of Empire Estates and is
being quickly developed.
North: Empire Estates Phases 1 and 2, City R-4 zoning
South: Rural residential, County R-12 zoning
East: Single-family residential, City R-3 and County SAG-10 zoning
West: Blue Heron Estates, City R-2 and R-3 zoning
G. General Land Use Character: The general land use character of the area is
generally a transition area from rural to urban where City utilities are available.
This area is developing quickly with urban residential development to the north,
east and west. County rural residential lies to the south with Bowser Creek
Subdivision having been given preliminary plat approval intended for urban
residential development.
H. Zoning: This property is zoned R-4, a Two Family Residential zoning district that
is intended primarily for single-family homes and duplex dwellings. This district
has a minimum lot size requirement of 6,000 square feet and allows the creation
of sublots with a minimum lot size requirement of 2,000 square feet for the
sublots. The minimum lot size requirement for the parent tract is 6,000 square
feet in the case of sublots. A minimum lot width in the R-4 zone is 50 feet and
2
the setbacks are 15 feet in the front, 10 feet in the rear and five feet on the sides.
In the case of the sublots there is a zero side yard setback and essentially two
single-family homes are built side by side in a "two unit townhouse"
configuration.
I. Utilities: This subdivision would receive full City services.
Water:
City of Kalispell
Sewer:
City of Kalispell
Solid Waste:
City of Kalispell
Gas:
Montana Power Company
Electricity:
Flathead Electric Co-op (underground)
Telephone:
CenturyTel (underground)
Fire:
City of Kalispell
Police:
City of Kalispell
Schools:
Kalispell School District #5
COMMENTS FROM THE SITE DEVELOPMENT REVIEW COMMITTEE
This matter came before the site development review committee and little comment
was given except that there would probably be a better overall look within the
subdivision if there were one or two single family homes mixed in with the line of
townhouses. This was not however, recommended as a condition of approval. There
was some discussion regarding the development of the City park that was platted
during Phase 1. This park would be developed with the cash in lieu of parkland funds
from the subdivision. The developer is trying to coordinate a development plan with
the parks and recreation department.
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 subdivision would be in the service area of the Kalispell Fire
Department. The property can be considered to be at low risk of fire because
the subdivision and homes within the subdivision would be constructed in
accordance with the Uniform Fire Code and have access which meets City
standards. All of the lots will abut a street that has been constructed to City
standards. The property does not have steep slopes or woody fuels. Hydrants
will be required to be placed in compliance with the requirements of the
International Fire Code and approved by the fire chief. The fire access and
suppression system should be installed and approved by the fire department
prior to final plat approval because of potential problems with combustible
construction taking place prior to adequate lire access to the site being
developed. Looping the system would take place as the need within the
subdivision. occurs.
Flooding: According to FIRM Panel # 1805D dated 9%30 J 92 this property is
located entirely in zone C, an area that is not prone to flooding. There are no
indications that this site is prone to high ground water, intermittent streams or
creeks or stormwater runoff which has the potential to create problems with
flooding.
Access: Access to the subdivision at this portion of the site would be primarily
from Three Mile Drive and one from Stillwater Drive to the northwest. There
are two accesses from Stillwater Drive with both of those accesses having been
developed with the previous phases of Empire Estates. During the
development of the subdivision, an emergency access road may be required to
be developed to the west that can be used in the case of an emergency as part
of compliance with the fire code. Roads that are part of the fire access and
suppression system within the subdivision should be completed prior to final
plat submittal so that the fire department can have access to the homes under
construction within the subdivision.
During the initial approval of the subdivision there was a requirement for
pedestrian access along Stillwater Road and Three Mile Drive that would
continue to apply to these phases of the subdivision. Additionally, a 20-foot
buffer area along the perimeter of the site along Stillwater Road and Three Mile
Drive is indicated on the plat and was part of the initial approval. Maintenance
of the bike and pedestrian trail will be the responsibility of the homeowners
association as part of their maintenance of common areas.
A traffic impact analysis was done by Robert Peccia and Associates as part of
the initial subdivision conditions which evaluated the impact of the
development on roads in the area and the adequacy of the internal road
system. Recommendations included stop signs within the development. The
internal roads that serve as collectors including Empire Drive, Hill Drive and
Trump Drive were recommended to have stop signs. Stillwater Road be
improved to have centerline and shoulder striping. Speed limit signs to be
posted on Stillwater Road at both ends of the development and near the
southbound approach to the subdivision. Construction of a right -turn
deceleration lane at the intersection of Three Mile Drive and North Riding Road
after Phase 4 reaches full -build out.
B. Effects on Wildlife and Wildlife Habitat: This property is generally level with
a gentle slope and was used for agricultural purposes. There may be some
migratory birds and occasional deer may visit the site, however, this area does
not provide significant habitat for wildlife.
C. 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. No
surface water is in close enough proximity to the site to create concerns with
regard to this development.
Drainage: This site is relatively level and does not pose any unusual
challenges to site drainage. Curbs and gutters will be installed and a storm
drain management plan will have to be developed to address the runoff from
4
the site. There is no City storm drain system in the immediate area and storm
water will have to be managed using on -site retention methods as part of the
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
designed by a professional engineer.
D. Effects on Local Services:
Water: Water service is being provided to the subdivision by the City of
Kalispell. Some or all of the water mains needed to serve this subdivision have
been designed as part of previous phases of Empire Estates and would not
generally be effected by this change in subdivision design., i.e. the addition of
additional sublots to be developed with two unit townhouses. The system will
be designed to meet the required fire flows of the fire code. It is uncertain at
this juncture when the water loop connection for the subdivision may be
required since it will depend on the fire flows that can be obtained and whether
they will meet the requirements of the Uniform Fire Code. The crater 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 and its phases. 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 existing location to the north of these phases
in Empire Estates Phase 3. No easements for the sewer would need to be
acquired from private property owners. Design and construction of the mains
will be reviewed and approved by the Kalispell Public Works Department.
There is adequate capacity within the sewage treatment plan to accommodate
this development.
Roads: There will be limited additional impacts to Three Mile Drive as a result
of adding these 13 lots to the subdivision and Stillwater Road to the east. A
traffic analysis was done as part of the original approval of Empire Estates
Subdivision that recommended some mitigation once the subdivision is further
developed. Recommendations included stop signs within the development.
The internal roads that serve as collectors including Empire Drive, Hill Drive
and Trump Drive were recommended to have stop signs. Stillwater Road be
improved to have centerline and shoulder striping. Speed limit signs to be
posted on Stillwater Road at both ends of the development and near the
southbound approach to the subdivision. Construction of a right -turn
deceleration lane at the intersection of Three Mile Drive and North Riding Road
after Phase 4 reaches full -build out.
Three Mile Drive may need to be upgraded and widened as development
continues to occur in the area. Three Mile Drive is a 100-foot right-of-way for
the full length of this subdivision which would be adequate for developing
additional future capacity in the roadway. No additional right-of-way needs to
be reserved for future development. Typically the upgrading of secondary State
roadways is the responsibility of the State with regard to design, funding and
construction. Stillwater Road is a County road that has a 60-foot right of way.
5
It is designated as a collector in the Kalispell Transportation Plan which
requires a 60-foot right-of-way and no additional right-of-way would be needed
to be reserved for future upgrades. Stillwater Road will continue to be
increasingly important as a through connection as development in this area
continues, particularly as the new high school is built to the north of this
property on the State school section property.
Schools: This development is within the boundaries of the Kalispell School
District #5. The school district could anticipate that an additional 175 school
aged children might be generated into the district at full built out. This
number is used because it takes into account pre-school aged children, home
school education options and the private school education option. Not all of
the children who live in the subdivision will be attending public schools. This
would have a potentially significant impact on the district, particularly on a
cumulative level with other development pending within the district — both
urban and rural, particularly with high school -aged students.
The school district received approval for school bonds to construct a second
high school on 60 acres to the north of this site in the area of the State school
section land. The new high school location is approximately one mile from this
property, and it is anticipated that the school would be opened by Fail of 2007.
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
addition of these 13 lots does not change the parkland dedication requirements
that were part of the previous approval of Empire Estates Subdivision.. An
approximately 1.75 acre park was dedicated to the City of Kalispell in Phase 1
of the subdivision. Subsequent filings of Phase 2 paid approximately $15,000
in cash in lieu of parkland. Phase 3 is close to being final platted and it is
anticipated that an additional approximately $7,100 will be paid at that time.
The developers have been working with the City Parks and Recreation
Department to develop the park within the subdivision. It is anticipated that
the City will irrigate, seed and do some partial landscaping on the park area
this spring. As subsequent phases are platted, the money from the cash in lieu
of parkland will be used for playground equipment and other amenities for the
park area in the Phase 1 area of the subdivision.
Police: This subdivision would be in the jurisdiction of the City of Kalispell
Police Department. The department has stated they can provide service to this
subdivision., however the cumulative impacts of growth within the city further
strains the department's ability to continue to provide the high level of service
the department is committed to and additional staff may be necessary.
Fire Protection.: Fire protection services will be provided by the Kalispell Fire
Department, and the subdivision will need to meet the requirements of the
International Fire Code. The fire department will review and approve the
number and location of hydrants within the subdivision as well as fire flows
and access. Although fire risk is low because of good access and fairly level
terrain, the fire department is recommending that access to the subdivision
6
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 a private hauler 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 Medical Center is close, less than
two miles from the site.
E. Effects on Agriculture and agricultural water user facilities: The site has
been traditionally used for agricultural purposes and is currently in
agricultural production. However, because of its location and proximity to
urban services it makes this property prime for the type of residential
development being proposed. This property can be more efficiently and
effectively used for urban residential development than for agricultural
purposes and the conversion of farmland for higher density residential
development preserves farmland in areas further out in the County by
concentrating populations close to the urban center. 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
Urban Residential. Areas designated as Urban Residential are anticipated to be
served by community water and sewer and have good access to services and
public facilities. This land use designation anticipates a density of three to 12
dwelling units per acre. The requested R-4 zoning designation is in compliance
with the Urban Residential uses anticipated for this property.
The overall density of the subdivision prior to the additional lots being added is
approximately 5.53 dwellings per acre. With the additional 13 lots the density
is 6.22 dwellings per acre, a slightly higher density. The overall density of the
subdivision is approximately 5.20 dwelling units per acre. This subdivision
would be in compliance with the Kalispell Growth Policy and further the goals
and policies by providing a diversity of housing options in the market.
G. Compliance with Zoning: This property has been. zoned R-4, a Two Family
Residential district that is intended for single-family and duplex dwellings. The
property is being annexed concurrent with review of the preliminary plat. This
district has a minimum lot size requirement of 6,000 square feet and allows the
creation of sublots with a minimum lot size requirement of 2,000 square feet for
the sublots. The minimum lot size requirement for the parent tract is 6,000
square feet in the case of sublots. A minimum lot width in the R-4 zone is 50
feet and the setbacks are 15 feet in the front, 10 feet in the rear and five feet on
the sides. In the case of the sublots there is a zero side yard setback and
0
essentially two single-family homes are built side by side in a two unit
townhouse configuration. All of the lots in the subdivision comply with the
zoning requirements of the R-4 district.
H. Compliance with the Kalispell Subdivision Regulations: This subdivision
complies with the Kalispell Subdivision Regulations and no variances have been
requested.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board adopt Staff Report KPP-05-5
as findings of fact and recommend to the Kalispell City Council that the amended
preliminary plat be approved subject to the following conditions:
1. Development of the subdivision shall be platted in substantial compliance with
the preliminary plat as amended and approved which governs the location of lots
and roadways within the subdivision.
2. That the roadways serving the subdivision shall be constructed in accordance
with the adopted Design and Construction Standards for the City of Kalispell for
local streets.
3. That a letter be obtained from. the Kalispell Public Works Department approving
the plans and specifications for water, sewer and drainage facilities for the
subdivision.
4. A letter from an engineer licensed in. the State of Montana certifying that the
improvements have been installed according to the required specifications shall
be submitted at the time of final plat approval along with a letter from. the
Kalispell Public Works Department stating that the required improvements have
been inspected and comply with the City standards.
5. Development of the landscape boulevard with location of street trees shall be
placed in accordance with a plan approved by the Kalispell Parks and Recreation
director.
6. A storm water drainage plan which has been designed by an engineer licensed in
the State of Montana shall be prepared which complies with the City's Design
and Construction Standards and shall be reviewed and approved by the Kalispell
Public Works Department.
7. That the developer obtain a letter from the Montana Department of
Transportation approving the intersection of the new internal roadway and Three
Mile Drive and certifying that any necessary improvements have been made.
S. That the developer obtain a letter from. the Montana Department of
Transportation approving the proposed roadway crossing through the Kalispell
Bypass and certify that any necessary improvements have been made.
9. That the developer obtain a letter from. the Flathead County Road Department
approving the new intersections with Stillwater Road and the new internal
subdivision roads and shall include a post construction inspection that certifies
any necessary improvements have been made.
10. That a minimum 20-foot buffer strip shall be established between Three Mile
Drive and Stillwater Drive and the subdivision that would include a bike and
pedestrian trail and buffering in the form of a landscape berm or other acceptable
landscaping. These improvements are to be coordinated with the Kalispell Public
Works Department, Parks and Recreation Department and Flathead County.
11. The road 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.
12. The developer shall provide a letter from the U.S. Postal Service approving the
plan for mail service.
13. That the parkland dedication requirements shall be one -ninth or 11 percent of
the area in lots or 4.516 acres. The 1.748 park area as indicated on the plat will
meet that requirement in part. The remaining 2.768 acres shall be addressed
through cash in lieu of parkland in the amount of $15,000 per acre or $41,520
which shall be used for development of the park area coordinated through the
Kalispell Parks and Recreation Department.
14. A maintenance agreement for the park and common areas shall be included with
the final plat.
15. Street lighting shall be located within the subdivision and shall be shielded so
that it does not intrude unnecessarily onto adjoining properties.
16. That the lots within the subdivision be reconfigured so that all lots meet the
minimum 50-foot lot width requirements of the R-4 zoning district and the
minimum lot size requirements of 6,000 square feet exclusive of any easements.
17. That a minimum of two-thirds of the necessary infrastructure for each phase of
the subdivision shall be completed prior to final plat submittal. With the filing of
the final plat for each phase, an additional three-year extension shall be
automatically granted for subsequent phases.
18. All areas disturbed during development of the subdivision shall be re -vegetated
with a weed -free mix immediately after development.
19. That preliminary approval shall be valid for a period of three years from the date
of approval.
N-W.
9
Page I of?
Trici Plannin
From:<poweif@earthsaverequipment.ccm>
To: <tricity@centurytel_net>
Sent: Tuesday, April 19, 2005 12:37 PM
Subject: To Narda Wilson
Re: Request by Wayne Turner to rezone lots in the Empire: Estates
Subdivision.
As one of the few homeowners located within the 150 foot distance, and one
of those most directly affected, I want to go on record that I oppose any
further increase in housing density in this subdivision.
The intrusion of such a high density subdivision into the single family
home, small acreage environment that exists all around it is only ruining
the environment for everyone living in the area, and increasing housing
density further only reduces the quality of life for all area residents
further, not to mention property values.
Additional Comments:
It would seem to be somewhat ridiculous for your office to notify only
homeowners within 150 feet of this subdivision; as if these homeowners are
the only ones affected by a subdivision of this size. As you are aware this
subdivision will have a negative impact on every homeowner in the west
valley located within a half mile or so of the subdivision, plus all that
use Three Mile Dr. to access the City of Kalispell. And of course the
reason there are not more people located within 150 feet of the subdivision
is that this is and has been a rural area with all homes located on small
acreages, it is not a city block environment and does not fit the profile
you are apparently using for notification purposes.
One of the key issues brought forward during the approval of this
subdivision was the contingency that there would be a 30 foot landscaped
buffer with a bike trail around the perimeter (outside lot boundaries I
assume), sidewalks and a park in the interior. As everyone in the area can
now see the subdivision has become an eyesore due to the poor design and
quality of homes being built, and is nothing at all like the quality
subdivision we hoped would be built. Since there are now residents living
in the subdivision I think it only appropriate that if possible you require
these contingencies be suet, both to provide the amenities promised to
purchasers of property within the subdivision, to help improve the visual
aspect of the subdivision and to detract from the poor overall design and
construction.
I have heard the reasons for allowing a s ivision be built to accommodate
lower priced homes and am in agreement= "at there needs to be areas where
lower priced homes can be built; b ' o put so many in one area degrades the
whole area beyond what is reasonable andair to those who were there first.
A It E\/Anne
Page 2 of 2
Surely you can find a way to manage growth that at the same time doesn't
ruin the environment we are trying to share. This approach will of course
have you always at odds with developers as the biggest return for a
developer will always be achieved by supplying the least amount at the
highest price, evidenced by Empire Estates.
Submitted by Powell Clinton, 3a4 Tree Mile Dr., Kalispell
A I 1 €] Pn h il:
APPLICATION FOR MAJOR SUBDIVISION PRELIMINARY PLAT APPROVAL
This application shall be submitted, along with all information required by the applicable
Subdivision Regulations and the Montana Subdivision and Platting Act, and the
appropriate fee to:
Tri-City Planning Office, 17 Second St East, Suite 211
Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406)751-1858
FEE SCHEDULE:
Major Subdivision. (6 or more lots) $650 + $30/lot
Condominiums (6 or more units) $600 + $20/unit
Mobile Home Parks &s Campgrounds (6 or more spaces) $600 + $20/space
Amended Preliminary Plat $200
Subdivision Variance $100 (per variance)
Commercial and Industrial Subdivision Add $200 to base
preliminary plat fee
SUBDIVISION NAME: EMPIRE ESTATES PHASES 4-fi
OWNER(S) OF RECORD:
Name WAYNE E._ TURNER Phone._257-1682
Mailing Address _3300 HIGHWAY 2 WEST
City _ "ISPELL State _MT Zip— 59901
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
Name & Address SANDS SURVEYING INC 2 VILLAGE LOOP KALISPELL
MT 59901
Name & Address WMW ENGINEERING 50 WEST 21m STREET WHITEFISH
MT 59937
LEGAL DISCRIPTION OF PROPERTY:
City/County CITY OF KALISPELL
Street Address
Assessor's Tract No(s) TRACT_ 3 Lot No(s)
1 / 4 Sec _E % SW 1/ 4 - Section Township 28_Range 22�
GENERAL DESCRIPTION OF SUBDIVISION: A SUBDIVISION INTENDED FOR
117 HOMES. (49 SINGLE FAMILY RESIDENTIALAND 68 TOWNHOMES). THIS
PROPOSAL INCLUDES CITY STREETS, CURB, GUTTER, SIDEWALKS AND
DEDICATED PARKLAND.
Number of Lots or Rental Spaces -117 Total Acreage in Subdivision 18.815
Total Acreage in Lots 13.181 Minimum Size of Lots or Spaces _0.083 ACRES
(3600.2 SQUARE FEEfi
Total Acreage in Streets or Roads_.,5.342` Maximum Size of Lots or Spaces 0.140
ACRES OR 6100.8 SQUARE FEET
Total Acreage in Parks, Open Spaces and/or Common Areas .292
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS%SPACES:
Single Family —49_— Townhouse _68S Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial. Planned Unit Development
Condominium Multi -Family � Other
APPLICABLE ZONING DESIGNATION & DISTRICT _ KALISPELL R-4.
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS ;3 000 ACRE
IMPROVEMENTS TO BE PROVIDED:
Roads: Gravel JDPaved XX Curb JDGutter XX_Sidewalks
Alleys _ __Other
Water System:
Individual
Multiple User
Neighborhood XX_ ^Public
Sewer System:
Individual
Multiple User _-__)Neighborhood
XX Public
Other Utilities:
XX Cable TV
XX Telephone
._XX—Electric XX—Gas
Solid Waste:
Home Pick Up
Central Storage
_X Contract Hauler Owner
Haul
Mail Delivery: XX Central Individual School District: KALISPELL
Fire Protection.: JX Hydrants Tanker Recharge Fire District: KALISPELL
Drainage System.:
PROPOSED EROSION/SEDIMENTATION CONTROL: SEE ATTACHED
ENGINEER'S REPORT
VARIANCES: ARE ANY VARIANCES REQUESTED? NO (yes/no) If
yeas, please complete the information below:
SECTION/REGULATION OF REGULATIONS CREATING HARDSHIP:
9
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT
COMPLIANCE OF REGULATIONS:
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE
REGULA
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW:
1. Will the granting of the variance be detrimental to the public health, safety or
general welfare or injurious to other adjoining properties?
2. Will the variance cause a substantial increase in public casts?
3, Will the variance affect, in any manner, the provisions of any adopted zoning
regulations or Master Plan?
4. Are there special circumstances related to the physical characteristics of the
site (topography, shape, etc.) that create the hardship?
3
5. What other conditions are unique to this property that create the need for a
variance?
APPLICATION CONTENTS:
The subdivider shall submit a complete application addressing items below to the Tri-
City Planning Office at least thirty (30) days prior to the date of the meeting at which
it will be heard.
Preliminary plat application.
2. 16 copies of the preliminary plat.
3. One reproducible set of supplemental information. (See Appendix A of
Subdivision Regulations for the city where the subdivision is proposed.
4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size.
5. Application fee
6. Adjoining Property Owners List (see example below):
Assessor# Sec-Twn-Rn Lot/Tract No Property Owner & Ma,i1Pngr Address
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be untrue, I understand that any
approval based thereon may be rescinded, and other appropriate action taken.. The
signing of this application signifies approval for the Tri-City Planning staff to be
present on the property for routine monitoring and inspection during the approval
and development process.
(Applicant)
(Date)
0
Tri-City Planning Office
17 Second Street East -- Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fag: (406) 751.-1858
tricity ,centurytel.net
MEMORANDUM
T0.- Kalispell City Staff
Other Interested Parties
FROM: Narda A. Wilson, Senior Planner
RE: April 19, 2005 --- Kalispell Planning Board Special Meeting
DATE: March 22, 2005
These items will go before the Site Development Review Committee in the Kalispell
Building Department on the following dates:
• March 31 -- Initial Review
• April 7 - Staff Comments
Please Note: Not all of the projects listed will warrant your consideration or
comments - only those within your applicable area of jurisdiction or review.
Final Comments By:
April 12, 2005 so that they can be incorporated into the staff report for the April 19,
2005 public hearing, Please bring your comments to the above referenced site review
committee meeting(s) or submit your comments in writing or by phone, prior to April
12, 2005 so that they can be incorporated into the staff report to the planning board.
You can reach me at 751-1852 or e-mail at tricitynardancenturytel.net.
1. A request by DEV Properties for a change in zoning from R-3, Urban. Single Family
Residential, to R- , Residential J Professional Office on approximately 2.06 acres.
The property is located at the east side of Fifth Street East between Seventh Street
East and Eighth Street East. This is the Courthouse East property and a Planned
Unit Development (PUD) for a mixed use project has been filed concurrently with
this request. The property address is 723 Fifth Avenue,
2. A request by DEV Properties for a mixed use Planned Unit Development (PUD) on
approximately 2.06 acres. The proposal includes 28 apartments, approximately
20,000 square feet of office space, approximately 1,600 square feet of retail and an
approximately 2,000 square foot community room. The property address is 723
Fifth Avenue East and is known as "Courthouse East." It is located on the east
side of Fifth Avenue East between Seventh Street East and Eighth Street East. It
is the developer's intent to rehabilitate the existing building and redevelop the site.
Providing Community Planning Assistance To:
• City of K�alispell • City of Columbia Falls - City of Whitefish -
Referra?s KPB 4/ 12/05 mtg
March 22, 2005
Page 2
3. A request by Three Mile Professional, LLC for a change in zoning from. R-5,
Residential. / Professional Office, to B-1, Neighborhood Buffer District, on
approximately 3.479 acres. The property is located at the northwest corner of
Three Mile Drive and Meridian Road and can be described as Lots IA and 2A of
Three Mile Drive Corner of the Amended Plat of Northwest Tracts and Lot 1 of
Three Mile Drive Corner in Section 1, Township 28 North, Range 22 West, P.M.M.,
Flathead County, Montana.
4. A request by Wayne E. Turner for an amendment to the preliminary plat for
Empire Estates Phases 4 through 6 to convert 21 single family lots to 34
townhouse lots on appro2dMa.tely 18.815 acres. The property is located at the
northeast corner of Three Mile Drive and Stillwater Road. The property can be
described as a portion of Assessors Tract 3 located in Section 1, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana.
5_ A request by the City of Kalispell for an amendment to the Kalispell Zoning
Ordinance to incorporate architectural design standards that would apply to all
new development its the city of Kalispell except single family and two family
residences. The purpose of the architectural design standards is to ensure a high
quality of development that complements and contributes to the community.
If you need additional information regarding any of these items, please call me. Thank
you for taking the time to review and comment on these items.
c: w/ attachments: F. Ray Rufatto, Fire Dept.
Mike Baker, Parks and Rec
James Patrick, City Manager
PJ. Sorenson, Zoning Administrator
Roger Krauss, Police Dept.
Frank Castles, City Engineer
Jim Hansz, Public Works Director
Andrew Sorenson, Assistance City Engineer
Sandy Wheeler, Community Redevelopment
Susan Moyer, Community Development Director
Craig Kerzman, Chief Building Inspector
Charles HarbalL City Attorney
CERTIFICATION
APPLICANT: Wayne Turner - Amd Plat Empire Estates Ph 4-6
TCPO FILE NO: KPPW05-5
1, the undersigned certify that 1 did this date mail via Certified mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property that is requesting an amended preliminary
plat.
Date:
S-T-R: 1-28-22
Lot/Tracts# Tract 3
Property Owner/Mail Address:
Wayne Turner
3300 Highway 2 West
Kalispell, MT 59901
Sands Surveying
2 Village Loop
Kalispell, MT 59901
WMW Engineering
50 West 2nd Street
Whitefish, MT 59937
AND ATTACHED LIST
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
April 19, 2005
The special meeting of the Kalispell City Planning Board and Zoning Commission is
scheduled for Tuesday, April 19, 2005 beginning at 7:00 PM in the Kalispell City
Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning
board will hold a public hearing and take public comments on the following agenda
items. The Board will make a recommendation to the Kalispell City Council who will
take final action..
1. A request by DEV Properties for a change in zoning from R-3, Urban Single
Family Residential, to R-5, Residential / Professional Office on approximately
2.06 acres. The property is located at the east side of Fifth Street East between
Seventh Street East and Eighth Street East. This is the Courthouse East
property and a Planned. Unit Development (PUD) for a mixed use project has
been fled concurrently with this request. The property address is 723 Fifth
Avenue East and can be described as Lots 1 through 12, Block 203, Kalispell
Addition. 3 and Assessors Tract A, the abandoned alley in Section 17,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
2. A request by DEV Properties for a mixed use Planned Unit Development (PUD)
on approximately 2.06 acres. The proposal includes 28 apartments,
approximately 20,000 square feet of office space, approximately 1,6.00 square
feet of retail and an approximately 2,000 square foot community room. The
property address is 723 Fifth Avenue East and is known as "Courthouse East."
It is located on the east side of Fifth Avenue East between Seventh Street East
and Eighth Street East. It is the developer's intent to rehabilitate the existing
building and redevelop the site. The property can be described as Lots 1
through 12, Block 203, Kalispell Addition 3 and Assessors Tract A, the
abandoned alley, in Section,. 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
3. A request by Three Mile Professional, LLC for a change in zoning from R-5,
Residential / Professional Office, to B-1, Neighborhood Buffer District, on
approximately 3.479 acres. The property is located at the northwest corner of
Three Mile Drive and Meridian Road .and can be described as Lots 1A and 2A of
Three Mile Drive Corner of the Amended Plat of Northwest Tracts and Lot 1 of
Three Mile Drive Corner in Section 1, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana.
4. A request by Wayne E. Turner for an amendment to the preliminary plat for
Empire Estates Phases 4 through 6 to convert 21 single family, lots to 34
townhouse lots on approximately 18.815 acres. The property is located at the
northeast corner of Three Mile Drive and Stillwater Road. The property can be
described as a portion of Assessors Tract 3 located in Section 1, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana.
5. A request by the City of Kalispell for an amendment to the Kalispell Zoning
Ordinance to incorporate architectural design standards that would apply to all
new development in the city of Kalispell except single family and two family
.residences. The purpose of the architectural design standards is to ensure a
high quality of development that complements and contributes to the
community.
Documents pertaining to these agenda items are on file for public inspection at the
Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and
are: available for public review durimg regular office hours.
Interested persons are encouraged to attend the hearing and make their views and
concerns known to the Board. Written comments may be submitted to the Tri-City
Planning Office at the above address, prior to the date of the hearing, or you may
contact Narda Wilson, Senior Planner at (406) 751-1850 or e-mail her at
tricitvnarda( ,centurvtel.net for additional information_
I 1
Thomas R. Jentz
Planning Director
PUBLISH: Legal Notices
Daily Inter Lake
Sunday, April 3, 2005
BILL: Tri-City Planning Office
17 Second Street East, Suite 211
Kalispell MT 59901
Note: This office is acting as an agency of the City of Kalispell and should be billed at
the City's contract rate.
Mayne Turner Sands Surveying WMW Engineering
3300 Highway 2 West 2 Village Loop 50 West 2nd Street
Kalispell, MT 59901 Kalispell, MT 59901 Whitefish, MT 59937
Philip & Barbara Blandford Charles & Mickey Lapp Mark & Michelle Hensley
411 Three Mile Drive 3230 Columbia Falls Stage Rd 249 Three Mile Drive
Kalispell, MT 59901 Columbia Falls, MT 59912 Kalispell, MT 59901
Suny & Melinda Cheff Mark Roberts Philippe Toudic
488 Kelly Road 1839 Belmar 1064 Carol Lane
Kalispell, MT 59901 Kalispell, MT 59901 Layfayette, CA 94549
Deton Investments, LLC Stillwater Investments, Inc. Gordon & Velda Bice
13271 Bubbling Well Road P.O. Box 2459 1363 S. Ocotillo Drive
Tuston, CA 92780 Kalispell, MT 59903-2459 Cottonwood, AZ 86326
Richard J. Avery, Sr. James Connell Ron Terry Construction
403 Shando 309 Kelly Road, Unit B7 P.O. Box 946
Forney, TX 75123 Kalispell, MT 59901 Maple Valley, WA 98038
King Construction Donald & Kasen Cromwell Linda Bouwman
Bud & Amy King 340 McGregor Lane James Tellier
P. O. Box 946 Marion, MT 59925 P.O. Box 57
Maple Valley, WA 98038 Lakeside, MT 59922
Brian & Karie Stidharn United Builders, LLC Jacqueline Hledik
373 Antelope Trail I I I Sandy Lane Christopher Whiteaker
Whitefish, MT 59937 Bigfork, MT 59911 89 Northern Lights Blvd
Kalispell, MT 59901
Michelle Currier Alexander & Allison Price Brett. & Doni Bennett
171 Empire Loop 70 Townhouse Court 129 Empire Loop
Kalispell, MT 59901 Sumter, SC 29150 Kalispell, MT 59901
Shirley Jackman Northview Heights, LLC Thomas & Roseann Witham
Dorothy Smith 690 N. Meridian Rd, ##210 56 W. Northview Loop
202 Garland Street Kalispell. MT 59901 Kalispell, MT 59901
Kalispell, MT 59901
Polly Webster Yvonne Richter Sean & David Fitzpatrick
66 Rising Sun Circle William Stotler126 Little Court
Kalispell, MT 59901 1035 - 5h Street, West Bigfork, NIT 59911
Kalispell, MT 59901
Ron Terry Construction. Bridgeland Development, LLP Darwin Hamilton
1740 U.S. Highway 93 S, #205 622 St. Andrews Drive 228 Fox Hill Drive
Kalispell, MT 59901 Columbia Falls, MT 59912 Kalispell, MT 59901
Mark Hensley
P.O. Box 48
Kalispell, MT 59903-0048
Stephen. & Karen Dunfee
178 Cheviot Loop
Kalispell, MT 59901
O. Loren & Denise Sallee
162 Cheviot Loop
Kalispell, MT 59901
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Alan Avery
2858 U.S. Highway 93 South
Kalispell, MT 59901
L. Powell & Gertrude Clinton
P.O. Box 7063
Kalispell, MT 59904
Karl &, Joyce Erickson
170 Cheviot Loop
Kalispell, MT 59901
Michael Fraser
300 Three Mile Drive
Kalispell, MT 59901
Church of Christ
241 Stillwater Road
Kalispell, MT 59901
William 8. Lis St. Clair
724 Calle Divino
San Clemente, CA 92673
Patricia Cordell
Michael Gunter
167 Cheviot Loop
Kalispell, MT 59901
William 8s Cindy Riebe
386 Three Mile Drive
Kalispell, MT 59901
Bowser Creek Estates, LLC
241 Commons Way
Kalispell, MT 59901
Rebecca O'Donnell
120 Empire Loop
Kalispell, MT 59901
Hutton Family Trust
P.O. Box 10695
Kalispell, MT 59904
Snjezan Osmanagic Ryan & Anna Lantin Se Woong Lee 8s Sun Ali Yoon
Nina Bezelj 16 Villanova 9336 Telegraph Road
1263 West 7th Street Irvine, CA 92606 Downey, CA 90240
San Pedro, CA 90731
No.9240
NOTICE OF PUBLIC
HEARING
KALISPELL CITY
PLANNING BOARD
AND ZONING
COMMISSION
April 19, 2005
The special meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uled for Tuesday, April
19, 2005 beginning at
7,00 PM in the Kalispel[
City Council Chambers,
Kalispell City Hail, 312
First Avenue East, Ka-
lispell. The planning
board will hotd a public
hearing and take public
comments on the follow-
ing agenda items. The
Board will mane a rec-
ommendation to the Ka-
lispell City Council who
will take finat action.
1. A request by DEV
Properties for a change
in zoning from R-3, Ur-
ban Singie Family Resi-
dential, to R-5, Residen-
tiaVProfessionai Office
on approximately 2-06
acres. The property is
located at the east side
of Fifth Street East be-
tween Seventh Street
East and Eighth Street
East. This is the Court-
house East property
and a Planned Unit De-
velopment (PUD) for a
mixed use project has
been filed concurrently
with this request. The
property address is 723
Fifth Avenue East and
can be described as
Lots 1 through 12, Block
203, Kalispell Addition 3
and Assessors Tract A,
the abandoned alley ,in
Section 17, Township
28 North, Range 21
West, P.M.M., Flathead
County, Montana.
2. A request by DEV
Prcperties for a mixed
use Planned Unit Devel-
opment (PUD) on ap-
proximately 2.06 acres.
The proposal includes
28 apartments, approxi-
mately 20,000 square
feet of office space, ap-
proximately 1,600
square feet of retail and
an approximately 2,000
square toot community
room. The property ad-
dress is 723 Fifth Ave-
nue East and is known
as "Courthouse East" It
is located on the east
side of Fifth Avenue
East between Seventh
Street East and Eighth
Street East. It is the de-
veloper's intent to reha-
bilitate the existing
ni-aiding and redevelop
the site. The property
can be described as
Lots 1 through 12, Block
203, Kal€spell Addition 3
and Assessors Tract A,
the abandoned alley, in
Section 17, Townshio
28 ?north. Range 21,
\NP,Rt P AA ;%n Mmth—i
3.A request by Three
Mile Professional, LLC
for a change in zoning
from R-5,
Residential/Professional
Office, to B-1, Neighbor-
hood Buffer District, on
approximately 3.479
acres. The property is
located at the northwest
corner of Three Mile
Drive and Meridian
Road and can be de-
scribed as Lots 1 A and
2A of Three Mile Drive
Corner of the Amended
Plat of Northwest Tracts
and Lot 1 of Three Mile
Drive Corner in Section
1, Township 28 North,
Range 22 West,
P.M.M., Flathead Coun-
ty, Montana.
4. A request by Wayne
E. Turner for an amend-
ment to the preliminary
plat for Empire Estates
Phases 4 through 6 to
convert 21 single family
lots to 34 townhouse
lots on approximately
18,815 acres. The prop-
erty is located at the
northeast corner of
Three Mile Drive and
Stillwater Road. The
property can be descri-
bed as a portion of As-
sessors Tract 3 located
in Section 1, Township
2B North, Range 22
West, R.M.M., Flathead
County, Montana.
5. A request by the
City of Kalispell for an
amendment to the Kalis-
pell Zoning Ordinance
to incorporate architec-
tural design standards
that would apply to all
new development �n the
city of Kalispeli except
single family and two
family residences. The
purpose of the architec-
tural design standards is
to ensure a high quality
of development that
complements and con-
tributes to the communi-
ty.
Documents pertaining
to these agenda items
are on file for public in-
spection at the Tri-City
Planning Office, 17 Sec-
ond Street East, Suite
21 1 , Kalispell, MT
59901, and are availa-
ble for public review
during regular office
hours.
Interested persons are
encouraged to attend
the hearing and make
their views and con-
cerns known to the
Board. Written com-
ments• may be submit .
ted to the Tri-City Plan-
ning Office at the above
address, Prior to the
date of the hearing, or
you may contact Narda
Wilson, Senior Planner
at (406) 761.1850 or e-
mail her at
tricitvnarda 4 centu rytet.
net for additional Infor-
mation.
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
CHRIS SCHULDREISS BEING DULY
SWORN, DEPOSES AND SAYS: THAT SHE IS THE
LEGAL CLERK OF THE DAILY INTER LAKE A
DAILY NEWSPAPER OF GENERAL
CIRCULATION, PRINTED AND PUBLISHED IN
THE CITY OF KALISPELL, IN THE COUNTY OF
FLATHEAD, STATE OF MONTANA, AND THAT
NO 9240 LEGAL ADVERTISMENT W A S
PRINTED AND PUBLISHED IN THE REGULAR
AND ENTIRE ISSUE OF SAID PAPER, AND IN
EACH AND EVERY COPY THEREOF ON TEE
DATES OF APR 3, 2005
AND THE RATE CHARGED FOR THE ABOVE
PREVIING DOES NOT EXCEED THE
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
F"77 SAME NUMBER OF INSERTIONS.
Subscribed and sworn to
Before me this
AD APR 4, 2005
V__'��1-'(-r�-------- r
Notary Public for the State of Montanh,_:'l
Residing; in Kalispell
My Commission expires 9f 11 /05
ISlThomas R- ,lentz
Thomas R. Jentz
Planning Director
April 3, 2005.
-0.) 111-6-
3011N
129139 (PRE-PLAMWU)
FOR
WAYNE TURNER
DATE:
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REVISED:
FEBRUARY 14,2005
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AL— —S
TOTAL AREA: 18.815 ACRES
117 LOTS: (49 SFR) 13,181 AC.
(68 TH)
PARK AREA: 0.087AC.
LANDSCAPE AREA: 0.205AC.
ROAD: 5.342 AC.
--___ ---------------___
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