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06. Conditional Use Permit - Autumn Creek SubdivisionCity of Kalispell Planning Department 1 T 2 d Street East, Site 1.1 Kalispell, Montana 59901 Telephone: (406) 7 Fav o) 51-18 8 We i e: kalispellplanning.com REPORT TO: Kalispell Mayor and. City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Conditional Use Permit for Autumn Creek Subdivision MEETING DATE: October 3, 2005 BACKGROUND: This is a request for a conditional use permit to allow the creation o two two unit tox,�mho .se lots in association with the Autumn Creek Subdivision. The subdivision proposes 21 lots on approximately 8.69 acres. Of the 21 lots, 17 are intended for single fancily and four a.re intended for townhouses. The property is also scheduled for annexation and an initial zoning designation of R-2, Suburban Residential. Townhouses are listed as a. conditionally permitted use in the R -2 zoning district subject to certain density limitations. The property is located north. of HVVY 2 West on the cast side of Hathaway ay Lane. A public hearing on this proposal was held before the planning board for June 14, 2005 where it was continued to aflow the developer are. opportunity to revise the plan. Previously the property was proposed for an initial zoning designation o -3 and a total or 27 lots with 15 single family lots and 12 townhouse lots. Because of concerns, the subdivision was continued in order to allow the developer an opportunity to address issues related to density, parkland, access and the safety concerns at the intersection. of Hwy 2 Vest. and Hathaway farce. A reprised proposal was brought back before the planning board at heir September meeting. The Kalispell Planning Department evaluated the proposal and noted. that the reprised subdivision plans for the property attempted to address the planning board's and neighborhood's concerns. The number of townhouses was decreased from an initial total of 12 to four and the overall density reduced from. 27 to 21. The staff recommended approval of the conditional use permit subject to conditions and felt the developers had done their best to address the issues. t the public hean'-ng on dune 14, 2005 and the meeting held on September 13, 200 there were several neighbors who expressed their opposition to the initial and revised proposal citing concerns with density, neighborhood character and primarily the safety of the access at the intersection of Huey 2 West and Hathaway Lane. Their. primary concern had to do with access and the traffic going eastbound conflicting with other eastbound traffic coming from Hartt Hill. Conditional'Use Permit for Autunm Creek Subdivision September 22, 2005 Page The board discussed the proposal a.nd agreed the developers had made a sincere effort to address the issues related to the development. However, they were sty concemed about the density and safety of the eastbound traffic c along Hwy 2 West. The board ge .era y felt that sMce density was a. primary issue associated with the project the elimination of the townhouse lots would reduce the density, albeit in a. kited way. A motion was .made with amendments to address specific safety improvemcnts related to the roads,, and to recommend approval the conditional use permit. The motion farmed on a vote of one M favor and three opposed with. Hull voting in favor and Norton, Taylor a.nd Hi.chey voting M opposition. An Exhibit A is attached that outlines the conditions considered y the board. RECOMMENDATION: Consistent with the planning board's recommendation, the conditional use pest aflwm*g the creation the townhouse lots should be denied by the city council based on the foRowing cgs: 0 The density exceeds that which is appropriate for the neighborhood and subdivision.. Townhouses are l c ns. ste t with the character of the neighborhood. Elimination the townhouse lots will reduce the overall density of the subdivision. The reduction density In the subdivision wifl reduce the traffic and associated safety sses. Should the city councH eterrrn*e that the conditional use permit should be approved for the creation of the townhouse lots, the findings owed in staff report KCU- 5# should be adopted along with the a r *ate conditions. FISCAL EFFECTS: Potential minor positive impacts once fully developed. AL' ERNTWES s suggested by the city council. Respectful% submitted,, a Nard a. A. Wilson, James . atrick Senior Planner City Manager Report compiled: September 22, 2005 Attachments: Transmittal smitta . letter Emit Sty report #KCU-05-6A and apphcation ma.tefia.s Minutes from the 1 5 lannmg board meeting City of Kalispell Planning Department 2"" Street East, Suite 211. Kalispell, Montana 59901 Telephone: (406) 751-1.850 Fax: (406) 7 W ..: kaf s lan .Mg. om September 22, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Conditional Use Permit for Autumn Creek Subdivision r liminary Plat Dear Jim: The Kalispell City Planning Board met on September 13, 2005 to reconsider a request for a conditional use permit to allow the creation of two two unit townhouse lots i association with the Autumn Creek Subdivision. The subdivision proposes 21 lots o approximately . acres. Of the 21 lots, 17 are proposed for single family and four are proposed for tow-nho s s= The property is also proposed for annexation and an initial zoning designation of R- 2, Suburban an Residential. Townhouses are listed as a. conditionally permitted use in the R-2 zoning district subject to certain density imitations. The property is located north of Hwy 2 West on the east side of Hathaway Lane. public hean*ng on the ut m Creek Subdivision was field before the planning board on June 14, 2005 where it was continued to allow the developer are opportunity to address issues that were raised at the meeting. The initial proposal was for an initial zoning designation of R-3 and a. total of 27 lots consisting of 15 single family lots and 12 townhouse lots. The issues were rotated to density, parkland, access and the safety concems at the intersection of Hwy 2 West and Hathaway Lane. T. revised proposal was brought back before the fannffi board at their September meeting. All of the adjoining property owners notified ed of the first public hearing were notified f the reconsideration of the revised proposal and of their opportunity t present comments. Nar a Wilson of the Kalispell la niDepartment, presented staff report KCU-05- 6 amended and evaluated the proposal. She noted the revised subdivision plans for the property attempted to address the farm board's and neighborhood's concerns. The number of townhouses was decreased from an initial total of 12 to four and the overall nsity reduced from 27 to 21. The staff recommended approval of the conditional use permit subject to same conditions associated with the r lip ary Conditional Use Permit - Autumn Creek Preliminary Flat September 22, 25 Page 2 plat. She felt the developers had done their best to address the issues that were raised. .t the public hearing on June 14, 2005 and the meeting held on September 13, 2005 there were several neighbors who expressed their opposition to the both the initial and revised proposal eating eoncerr s with density, neighborhood character and the safety f the access at the intersection of Hwy 2 West and Hathaway fie. Their primary concern had to do with access and the traffic going eastbound conflicting with other easto d. traffic `f e coming from Hartt Hill. The board discussed the proposal and agreed the developers had made a sincere effort to address the issues related to the development. However, they were still concerned about the density and safety of the eastbound traffic along Hwy 2 West. A motion was made with amendments to address specific safety improvements related to the roads, and to recommend approval of the conditional use permit subject to conditions. The motion failed on a vote of one in favor and three opposed with. HuR voting in favor and Norton, Taylor and Hinchey voting in opposition. An Exhibit A is attached that outlines the conditions s considered by the board. Please schedule this matter for the October 3, 2005 regular Kalispell. City Council meeting. You may contact this board or Nard a Wilson at the Kalispell Planning Department artment f you have any questions regarding this math-. Sincerely, Kalispell. City Planning Board George Taylor President GT/Nw/ma Attachments: Exhibit A - Conditions of Approval Staff report KCU-05- and application materials Minutes from the l o5 planning board meeting Draft t mm* sites from the 13 5 planning board meeting e w/ Att: Theresa White, Kalispell City Clerk e w/o Att- Lee & Linda lersherger, 24212 SE 384th St, Enumclaw, WA 98022 TD & H, 31 Three Mile Drive, Kalispell, MT 59901 City of Kalispell P. 0. Box 199 Kalispell, Montana 9903-1997 GIANT of CONDITIONAL S APPLICANT: Lee & Linda Hershberger 24212 SE 384th Street Enumclaw, WA 9 022 LEGAL DESCRIPTION: Assessor's Tracts 6AAK, 6DI and 6AB in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana ZONE: - , Suburban Residential The applicant has applied to the City of Kalispell for a. conditional use permit to alloy the creation of two two -unit townhouse lots in a 21 unit subdivision known as Autumn Creek in an R- one. Townhouses are allowed in the R-2 zone as a conditionally permitted use. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on June 14, 2005, held a public hearing on the application, took public comment and recommended that the application be denied on September 13, 2005. Ater reviewing the application, the record, the Kalispell Planning Department report, and after duly considering the natter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning ordinance, .hereby adopts Kalispell Planning Department Conditional Use Report KCU-05-- (Amended) as the Co .ncil's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the creation of two two -unit townhouse lots in the R-2, Suburban Residential zoning district 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 preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix. C — .final Plat) . 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 Departrnent.(Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3, A letter shall be submitted with the final plat from are 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 p. or 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 otberwise adequately addressed Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01) . That an easement shall be obtained from the adjoining propel owner to the northeast granting the fight to cross those properties for utility extension purposes. (Kalispell Subdivision Regulations, Section 3.08 . , 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 he in accordance with Intemational Fire Code (2003) Appendix 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, It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance toy, e. Street naming shall be approved by the fire department. . That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping matenals within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section . l 1). . The area designated on the plat as "park" along with the open area will meet the parkland dedication requirements provided that it be developed to create a recreational amenity within the subdivision. Those park improvements shall be addressed in accordance with a plan approved by the Kalispell Parks and Recreation Director so as to provide a recreational component within the development. A letter from. the Kalispell Parks Department shall be provided at the time of final plat that outlines the improvements and confirms those improvements have been .made. Kalispell Subdivision Regulations, Section 3.19). . That a detailed floodplain study be completed and accepted by FED determining the base flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the 100 year floodplain as currently indicated on the FHM panels shall be platted prior to the completion and acceptance of the study area.. The base flood elevation as determined as accepted y FEMA shall be indicated on the final plat. . Lots shall not be pre -sold until such time as a floodplain study has been reviewed and approved y FEMA which determines the location of the 100 year floodplain and the base flood elevation. 10. A note shall be placed on the Face of the final plat that waives protest to the creation of a special improvement district for the upgrade of Hathaway Lane to urban standards* 11. Townhouse lots within the subdivision shall be identified by a lot number and letter A or B. 12. The Kalispell Bypass corridor shall be indicated on the final plat as a separate parcel along with a note that states "reserved for fare right-of-way acquisition"' or if the State has acquired the property as the "Proposed Kalispell Bypass"' and not be made part of the proposed lots* 13. . 'ghat a letter be obtained from flathead Coin . Road Department stating that the omosed accesses onto HAaway Lane have been reviewed and qP ved with the followin ins rovements: The developer is re aired to widen. Hathaway Bane for qMroixmately 150 feet from. HiLhwqy 2 West to the north to a minimum of 24 feet aloes with any aimropnate widening of H th Lane and shoulder work adjacent to theoropertv- PL 15. 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 .o. 16. 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 alloy for the logical extension of.tilities 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. 17, The developer shall provide a letter from the U.S. Postal Service approving the plan for rail service. (Kalispell Subdivision Regulations, Section .22. 18. Street lighting shall be located within the subdivision and shall have a fill cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section .0 L . 19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 2 1. .All areas disturbed during development of the subdivision shall be re -vegetated with a weed --Free mix immediately after development. 2. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section .o. Dated this 3rd day of October, 2005. Pamela B. Kennedy Mayor STATE of MONTAN s County of Flathead On this day of .1 2005 before me, a Notary Public, personally appeared Pamela B. Kennedy, Mayor of thCity of Kalispell, known to me to be the person whose name is subscribed to the within instiument and acknowledged to m.e that she executed the sane oil behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and axed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires City of Kalispell P. o. Box 1997 Kalispell, Montana59903-1997 DENIAL of CONDITIONAL USE APPLICANT: Lee & Linda. Hersh er ;er 24212 SE 384th Street Enumclaw, WA 98022 LEGAL DESCRIPTION- .Assessor's Tracts 6AAK, 6DI and 6AB in Section 12, Township 2 North, Range 22 West, .M.M., Flathead County, Montana ZONE- - 2, Suburban Residential The applicant has applied to the City of Kalispell for a conditional use perinit to allow the creation of two two -unit townhouse lots in a 21 unit subdivision known as Autumn Creek in an R-2 zone. Townhouses are allowed in the R -2 zone as a conditionally pennitted use. The Kalls ell City Planning Board. and Zoning Commission, after due and proper notice., on June 1 , 2005, held a public hean'ng on the application, took public comment and recommended that the application he denied on September 13, 2005. After reviewing the application, the record, the Kalispell Planning Department report, and after duly considering; the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts the following as the Co nc l's findings of fact, and denies the above -described real property a conditional use permit to allow the creation of two two -unit townhouse lots in the .- 2, Suburban Residential zoning district: 1. The density exceeds that which is appropriate for the neighborhood and subdivision. . Townhouses are inconsistent with the character of the neighborhood. . Elimination of the townhouse lots will reduce the overall density of the subdivision. . The reduction of density in the subdivision will reduce the traffic c and associated safety issues. Dated this 3rd day of October, 2005. Pamela B. Kennedy Mayor STATE of MONTANA s County of Flathead On this day of , 2005 before me, a Notary Public, personally appeared Pamela B. Kennedy, Mayor of theCity of Kalispell, known .n o me to be the person whose .Warne is snh c hed to the within instrument and acknowledged to erne that she executed the sane o behalf of the City of Kalispell. fN WITNESS WHEREOF, I have hereunto set any hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires AUTUMN CREEK SUBDIVISION REQUEST FAR CONDITIONAL USE PERNIIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-05•6A (AhMNDED) SEPTEMBER 7, 2005 This is a report to the Kahs e . City Plannmg Board and l alis eR City Council regarding request for a. conditional use permit to allow the creation of two two unit townhouse lots in a 21 lot subdivision proposed for annexation and an initial zoning of an 1 -2 resld.ential zone. A public hearir was held before the planning board on June 14, 20051 m the Kalispell City Council Chambers and the matter was continued until this date. Revisions have been made the to development proposal intended to address the planning board's concerns The lannm board wil forward a. recommendation to the city council for final action. BACKGROUND INFORMATION: A. Petitioner and v. as: Technical Assistance Lee & Linda Hershberger 24212 SE 384thStreet Enumclaw, WA 98022 Thomas Dean & Hoskins. 31 wee Mile Drive Kalispell, MT 59901 (406) 751-2 B. Summary of Request: The applicant is requestingrequestmg a conditional use permit to allow the creation of two two unit townhouse lots in a 21 lot subdivision know. as Autumn Creek. Submitted concurrently with this conditional use permit is a preliminary plat, along with a petition for annexation and an initial zoo designation of .--2, Suburban Residential. Within the subdivision there voul.d be two lots for two unit townhouses for a total of four townhouse sublots and 17 single family Lots on approximately 8.69 acres. Townhouses are allowed in the zoning district as a conditionally ally ermitted use. The townhouse provision M the zoning ord ance falls under Section 27.22.130, Sublots, and states the following: "Dwellings may be constructed on sublots within any zonm-g district which permits multi -family dwellings, cluster housing, or townhouse dwellings. Sublots are subject to subdivision approval and, if required, a conditional use permit. (1). Site Requirements, (a). Sublots are eligible only within a recorded. siabdiv .sion lot whose area is at least. 6,000 square feet. (b). The allowable number of sublots shall be determined by dividing the gross area of the platted lot by the density 1i its of the apphcable zonmg district. In the event that the design utilizes common ownership of common areas, the area of the lots plus the common area shall be divided by the density limits of the applicable zoo district to determine the allowable number of sublots. In no case, 1 however, shall a sublot have an area less than 2,000 square feet nor more than one dwelling unit thereon, (2), d. ng Limitations. The yard., height, and area requirements of the d1st ict shall apply to the entire area of the patted lot. Common ownership of the yards is permitted. Shared interior property o n ary ies is anticipated to be developed at a zero lot line. Density is determined based on cliding the r i irnm lot size requirements of the strict in the R-2 zone of 9,600 square feet into the net area to be considered, The entire area included within the subdivision is s.69 acres including approximately 1.85 acres in a wetland area., 1.6 acres in roads an .029 acres in park. The total net area in lots is 4.95 or 215,622 square feet. The maximum allowable density based on 9,600 square feet would e a maximum of 22 lots. .e proposed 21 lots is within the total number of lots allowed under this density. C. Size and Location: The property proposed for subdivision and this conditional use permit contains apprommately 8.69 acres and es north of Hwy 2 West, approximately 1,100 feet on the east side e of Hathaway Lane. The property can be described as Assessors Tracts 6AAK, 6DI and 6AB located. in Section 12, Township 28 Now, Range 22 West, .M*M., Flathead County, Montana. D. Existing Land Use and Zoning: : 'he area being considered for this conditional tise pest is currently tly undeveloped with the exception of a pole barn at the south boundary of the property which will be removed. In the past the property was used primarily for grazing or light agriculture, Currently this property is in the County zoning jurisdiction and is zoned -1, Suburban Residential, which has a one acre minimum lot size requirement and is typically in areas not served by public water and or sever. The property is proposed for annexation and ate. M'Itial zoning designation ation of R-2, Suburban. Residential. The preliminary plat for the proposed 21 lot subdivision has also been filed concurrently with the conditional use permit, annexation and zoning. The R-2 zoning designation has a nu*nimum lot size requirement of 9,600 square feet and is generally motel to single family detached houses, except as otherwise provided under the zoning ordinance, i.e. a. conditional use permit t for townhouses or other non-residential uses listed in the district. B. Surrounding Zoning and Land Uses Zoning: This property is located In an area that could be considered to be on the urban fringes of Kalispell with the city Wilts within one quarter mile of this area. Development pressures have not been as intense in this area as they are in other fringe areas around the city. All of the zoning surrounding this site is County l -1, Suburban Residential, a district with a. one acre minimum lot size requirement for newly created lots. The property is currently In the West Side Zoning District, but upon annexation would become part of the city of Kalispell with a City zoning assignment. North: Single family residential, County R-1 zoning South: Single family residential, County R-1 zoning East: Undeveloped ast .re land., City RA-1 zoning West: Single family resin e tlal., County R-1 zoning 2 F. Growth Policy Plan Designation: The XalispeU City Groff Policy designates this area. as Suburban Residential and antic'IP ates four dwel ng units per acre. Autumn Creek has a density of approximately 2.3 3 dwelluffigs per acre. The proposal is M compliatice with the growth policy's anticipated density and also fusers the goals and pohcies of the groom policy by encouraging a diversity of housing options in the commrift r. G. ,' 'ties/ Ste.: Sewer service: CI y of Kahspell Water service: City of Kalispell Sohd Waste: City of Kalispell Gas: Northwest Energy Company Electric: Flathead Electric Cooperative Phone: CentiaryTel police.. City of Kalispell Fire., Kahspell Fire Department Schools: School District # , Kalispell EVALUATION OF THE REQUEST The application -is reviewed in accordance Mdth the conditional use review criterf a in the Kasen. Zoning Ordinance. 11 Site suitability: . Adeguate Useable ace: The total area of the lots within the subdivision is 4.95 acres or 22 15,622 square feet. Based on this area, and the density of one dwelling per 9,600 square feet the density would be 22 dwelling nits. The proposed 21 lots within the siabdivision is -.thin the total number of lots avowed under this density. Excluded from the net area calculations is a wetland area co .ta.u'n'ng approximately 1.85 acres o unusable space that wiH be owned in common, 1.60 acres in road and 0.2 of an acre in park. The proposed density complies With the limits of the R-w 2, Suburban Residential, zoning district, b. Adequate Access: Access to the lots will be good with access from a new city street that will be constructed to current City standards nth curb, gutter, sidewalks, boulevard and a pared 28 foot wide roadway. Traffic projections for this subdivision are estimated to be approximately o to 2 10 additional individual vehicle trips per day based on the estate of 8 to to vehicle trips per residence per day in the aiea onto Hathaway Lane 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. Hathaway Lane is a rural roadway with a. pavement Width of between 22 to 24 feet With drainage swa ,es and n pedestrian. access. The impacts of this subdivision to Hathaway Lane will generally double its current use. The roadway appears to be in fair condition and may require some improvements based on the requirements of -the Flathead County Road Department. .rtment. A referral was seat to that 3 department for car=ents but at the Ming of this report none have been received. Access onto Hwy 2 West from Hathaway Lane appears to be in marginal condition and will hkely require some unprover eats such as widening and repaving. The access from Hathaway Lane onto Hwy 2 West s at the bottom of "Hart Hill" and there is potential for delays accessing the highway during peak traffic hours siach as morning and evening commuter traffic. The developer will need to contact the Montana Department of Transportation and the Flathead County Roach Department regarding potential upgrades to the intersection as well as Hathaway Lane. ddit ona y, a. rote should be placed on the fmal pat which waives protest to the creation of a special improvement district for the upgrade o Hathaway Lane to urban standards. Overall there will be some moderate era.te Lmpacts to Hathaway Lane and insignificant impacts to Hwy 2 West as a. result of this subdivision which already experiences large -traffic volumes. Subsequent to the June 2005 planning board meeting where this project was tabled; the staff, developer and engineer met on site with the County Road Department Supenntendent Care Johnson to discuss potential unprovements to Hathaway Lane and its intersection With Hwy 2 to mitigate potential safety issues. Additionally, the developer has consulted with the Montana Department of Transportation regarding improvements to the intersection of Hathaway Lane and Hwy 2 West. Those would generailr mclude the widening of the shoulder for a rig .t t m lane west bound and widening of the radius and a portion. of Hathaway Lane. Letters from the County and State have been included with the submittal addressing those issues. The Kalispell Bypass corridor crosses the northeast corner of the subdivision and should he indicated on the final plat as being reserved for future acquisition by the state. The preliminary plat has indicated the bypass corridor Adth shading but it is not labeled as such. This corner of the property that is in the bypass corridor appears to contain approximately one third of an acre and should he platted as a separate parcel for future acquisition by the state and not mace part of the lots. C. Environmental Constraints: According to FIRM Panel 1850 and there is a area of significant f.00 p a'n on the site as a. result of a tributary to Ashley Creek that runs through the site and also creates a. substantial ret ,a . axea.. This area is m a non -detailed st dv area and will need to undergo a detailed study that wifl then be reviewed and accepted her FEMA. At that time a base flood elevation will he established. The property owner has been working on a. floodplain study with the local engm* een g fry. Thomas, Dear. and oski s and an a .ail ys .s ill he submitted to FEMA for review. Prior to the filing of a final plat a detailedstudy of the area will need to be approve. by FEMA in order to establish the base flood elevation. The Kalispell Subdivision Regulations Section 3.05, Floodplain Provisions, prohibit the creation of lots in the 100 year floodplain or the floo war. Should the results of the sty reflect what has been submitted as the assumed - oo plain it does not appear that lots or structures are proposed to be located in the f .00 plain area, but until a. detailed study has been accepted by F MA establishment of the base flood elevation is inconclusive 4 There is currently a culvert that is located tinder Hathaway Dlive that channels the creek and discharges at the northwest corner of this property. Any work within the 100 year floodplain that would occur after annexation such as for road building purposes would have to be obtained from the City of Kalispell Floodplain Administrator. 2" Appropriateness of design; a.. Parking.and site circulation: AH of the roads within the subdivision will be constructed to City standards and wiR end in two cul-de-sacs. Within the environment this property is located there is no real potential for the creation of a connected road system. Parking wiR be Provided on site at the time the lots are developed.. No additional parking beyond the standard two parking spaces per single family dwelling would be refired in co unction with this conditionaluse err . t. Race: An approximately .. 5 acre opera area that lies in the 100 year floodplain and is clearly a. wetland area has been desi-gnated on the mal plat. It i011 be owned and managed by the horneowners Rdt in the s .bdMs on, but does not provide for a recreational amenity per se. An approximately 0.2 acre park has been included the subdivision with a recreational trail along the wetland area. The park is not large enough for the city to take over, but would encourage its development for the residents within the subdivision. C. Fencir Screenm' Landsca i : There is no buffer or screening currently existing on the site or proposed other that the wetland area located between Hathaway Lane and the sots within the subdivision nor does any appear warranted. There is some fmcing on the site that will be removed with development. t. d. Sians: No specific dimensions or drawing of a sign was included with the application for a subdivision sign The , on:*Lng avows one sign 24 square feet in size, and a height not to exceed six feet. A permit for the sign would be required_ Availability of Public Secs Facilities: a. Schools: This site is Within School District 5. Limited impact is anticipated from the proposed townhouse units. Approximately 10 to 12 additional school aged children might be generated as a result of the creation of the four additional townhouse lots within the subdivision. b. Parks and Recreation: There is no park that lies within walking distance of this subdivision. Parkland dedication requirements are fully discussed in the Pre r ary plat staff report and a coordinated plan shall be developed with the developer and the parks and recreation director, C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from he proposed residential facility. 5 d.. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. t. No unusual impacts or needs are anticipated from the proposed townhouses. Building access as well as the number and placement of fire hydrants will need to meet Uniform Fire code requirements and be reviewed and approved by the fire marshal, e. water and sewer: water and sewer are not currently in place and will need to be extended to the site. 'there is adequate water supply and sewage treatment capacity w.t .ire the City of Kalis ell's current facilities to serve this development. f. Solid Waste- Solid waste pick-up WIE be provided by a private hauler for five years from the date of annexation, Solid waste will be taken to the County Lar .dam where adequate capacitor em�sts. g. Streets- Traffic generation from the development is estimated at 170 to 210 average additional daily trips that might be generated into the area as a result of the creation of these additional lots based on the estimate of 8 to o vehicle trips per residence per day irk. the area onto Hathaway Caste and S Hwy 2. The internal subdivision roads will be constr .cted to City standards and would include curb, gutter, sidewalks and landscape boulevards within the subdivision. Hathaway Lane is a rural roadway with a pavement width of between 22 to 24 feet with drainage s c ales and no pedestrian access. The impacts of this subdivision. to Hathaway Lane will generally double its current use. The. roadway appears to be in fair condition and may require some improvements based on the requirements of the Flathead County Road Department. The developer has been worldng with the county road r e artment to assess improvements ents to Hathaway Lane. Access onto Hwy 2 Nest from Hathaway Lane appears to be in marginal condition and will likely require some improvements such as widening and repaving. The access from Hathaway Lane onto Hwy 2 Nest is at the bottom of `Hart Hill" and there is potential for delays accessing the highway during peak traffic hours such as morning and evening commuter ter traffic. The developer will need to contact the Montana Department of Transportation and the Flathead County Road Department regardm* g potential upgrades to the M* tersectio . as well as Hathaway Lane. Additionally, a note should be placed on the f a . plat which waives protest to the creation of a special i-m r-ovement district for the upgrade of Ha.t .a vay Lame to urban standards. Overall here will be some moderate impacts to Hathawav Lane and insignificant impacts to ray 2 west as a result of this subdivision is already experiences large traffic volumes. The Kalispell Bypass corridor crosses the northeast corner of the subdivision and should be indicated on the final plait as being reserved for future acquisition by the State. The preliminary plat has indicated the bypass corridor with ha.d ing but it is not labeled as such. This comer of the property that is in the bypass corridor appears to contain approximately one gird of an acre, and should e reserved for future 6 acquisition by creating a separate parcel for conveyance, . Neighborhood. Impacts: Development and landuse impacts associated with this subdivision and the creation of the two unit townhouses wiH be typical of any single family development. The properties m this neighborhood are located in the County and are suburban residential in nature. .re. notice of public hearing was mailed to property owners within 150 feet of the site approximately IS) days prior to the hearing. The staff received petition from the roert owners oo sue. c subdivision in general but not the townhouses per se. The petition was been included in the preliminary plat staff report from the June 2005 meeting. This project was continued from the June 2005 meeting. Although another public hearing will not be held, the planning office notice the same property owners Within o feet and advised them they could comment on the project under "Hear to Public" portion of the planning board meeting. No comments to date have been received by staff. S. Consideration of historical use patterns and recent changes: The proposal is generally compatible within. the subdivision. t can be anticipated with public water and sewer available to the area. that increased development similar to the type that is being proposed wifl continue to occur. Additionally, the two unit townhouse configuration has become a popular housing option in the market as the demographics of the area. change. t has become popular for are aging population wanting to downsize, for small families entering the market are. "empty nesters" wanting less responsibility in maintenance. . Effects on property moues: No significant negative impacts on property values are anticipated. As previously mentioned, the proposal is compatible with the neighborhood, and the development and lance use impacts would be typical of that anticipated for the area, RECOMMENDATION Staff recommends that the planning boar. adopt the staff report KC -OS-6A as fmdin s of fact and recommend to the Ka .is ell City Council that the conditional use pest be approved subject to the foRowing 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 CUP as approved by the city council. (Kalispell Subdivision Regulations, AppendLx C - Final Plat) 2. That the plans and specifications for all public infrastructure be designed and in accordance with Ka is ell's Standards for Design and Construction Standards and a letter sail be obtained stating -tha.t they have been reviewed are.d approved by the Kalispell Public Works De axtment. (Kalispell Subdivision Regulations, chapter 3, Design. Standards, Section. 3.01) , . Aletter shall be submitted with the ma . plat from a engineer licensed in the state o Montana certifying -the improvements a `e been constructed in accordance with the approve l plans a. specifications. As built rags shall e submitted to the Kalispell Public Works Department pn*or to fmal 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) That an casement shall be obtam'ed from the adjoining property owner to the northeast granting the right to doss those properties for utility extension purposes, (Kalispell Subdivision Regulations, section 3.0). . The ollowm'g requirements shall be met per the Kalispell Fire Department: t: Kalispell Subdivision Reg la.tions, Section. 3.20). a. water mains designed to provide minimum fie flows shaU be installed per City specifications at approved locations. Minimum fire flogs shall be in accordance with International Fire Code 20 3 Appendix B. . Fire hydrants shall e provided per city specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with lntema.tional .Fire Code 20 3 Chapter 5, . It shauld be noted that hazardous weed abatement shall be provided in accordance with City of KaEspell Ordinance o- . e, street naming shall e approved by the fue department. .. That a letter be obtam'ed from the Kalispell Parks and Recreation Director approving a. landscape pl.ar. 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). '. The area designated on the plat as park" along with the open area will meet the parkland dedication requirements provided that it be developed to create a. recreational amenity within the subdivision. Those park L'mp -o ements shaH be addressed in accordance with a plan approved by the Kalispell. Parks and Recreation Director so as to provide a recreational component within the development. A letter from the Kalispell Parks Department shall be provided at the time of final plat that outlines the improvements and confi=s those n' nprovements have been made. (Kalispell. Subdivision Regulations, Section 3.19). 8. That a detailed floodplain study be completed and accepted by FEMA determining the base flood elevation for the oo plan area within the subdivision. No lots that are within 100 feet of the loo year floodplain as c rrendy indicated on the FIRM panels shallshaH be platted prior to the completion and acceptance of the study area. The base flood elevation as determined as accepted by FEMA shall be indicated on the final plat. , Lots shall not be pre -sold until such time as a flo plain study has been. reviewed ;Ma approved by FEMA whIch dete=mes the location of the 100 year f.00 plain and the base food elevation. 8 o. A rote shall be placed on the face of the fmal plat that waives protest to the creation of a special lnpro ement district for the upgrade of Hathaway Lane to urban standards. . Townhouse lots within the subdivision shall be identified by a lot number and letter or B. 12. The Ka.lispe . Bypass corridor shaE be indicated on the final plait as a separate parcel along with. a. note that states "`reserved for future right-of-way acquisition", or if the State has acquired the property as the `Proposed Kalispell Bypass' and not be made part of t.he proposed lots. 3. That a letter be obtained from Flathead County Road Department stating that the proposed accesses onto Hathaway Lane have e been reviewed and approved and any associated and necessary improvements have been satisfactorily completed, -. That a letter be obtained frorn the Montana Department of Transportation reviewing the Hathaway Lane approach onto Hwy 2 Vest and the impacts associated -mnth this subdivision. Any improvements required by the MDOT shall be completed l prior to fined plat submittal and a letter from MDOT sha . be submitted stating the required improvements have been satisfactorily completed, 1.5. 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. .t. letter sha.l.l be obtained from the Kalispell Public Works Department stating the narning and address.ing on the final plat have been reviewed and approved (KalispeU Subdivision Regulations, Section 3.09). 16. All existing and proposed easements shall be indicated on the face of the dal 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 shad be obtained stating that the required easements are being shown on the final plat. 17. The developer shall provide a letter from. the U.S. Postal Service approving the plate for mall service. (Kalispell Subdivision Regulations, Section. 3.22). 18. 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 3.0. 19. Ail utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision sail. be completed prior to frail plat s br t t al . 21.. All areas disturbed during development of the subdivision shad. be re -vegetated with a. weed -free mix immediately after development. 9 22 . That preliminary plat approval oval for the first phase of the planned unit development shaH be valid for a period of three years from the date of approval with an automatic -two year extension as each phase of the subdivision plat has been completed and wed. (Kalispell Subdivision Regulations, Section 2.04). 10 EXHIBIT A CONDITIONAL USE PERMT FOR AUTUPM CREEK SUED SION PRELINEINARYA KALISPELL CITY PLANNING BOARD SEP`EM33ER 13 2005 The Kalispell City Planning Board field a public hearing was held on this natter at the regular meeting of the planning board of June 14, 2005. The project was continued until September 13, 2005 where the plannm'g board took action. The following conditions were considered. That the development of the site shall be in substantial compliance with the application submitted, the site plain, materials and other specifications as well as any additional conditions associated with the preliminary plat 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 Kalis ell's Standards for Design. and Construction Standards and a letter shall e obtained stating that they have been reviewed and approved y the Kalispell Public Works Department. (Kalispell Subdivision. Regulations, Chapter 3, Design Standards, Section 3. o 1). 3. A letter shall be submitted with the finial plat from an engineer licensed In the state of Montana certifying the Irn rovements ,have been constructed in accordance with the approved plans and specifications. As built dray.ngs shall e submitted to the Kalispell Public Works Department pry or to final plat submittal for the completed infrastructure. letter from the public works department shall accompany the er .g.eer's certification stating that this condition has been met or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01 . That an easement shaff be obtained from the adoring Property owner to the northeast granting the right to cross those properties for utility extension purposes. (Kalispell Subdivision Regulations, Section 3.0. 5. The following requirements sail be met per the Kalispell Fire Department: artment: (Kalispell Subdivision Regulations, Section 3.20). a.. Water mains designed to provide minimum fire flows shall be installed Per City specifications t approved locations. Mm'imum fire flows shall be M* accordance with International "ire Code 2003) Appendix B. . Fire hydrants shall be provided per City specifications at Locations approved y this department, Prior to combustible construction. c. Fire Department access shall e provided in accordance with International Fire Code 2003) Chapter 5. d. It should e noted that hazardous weed abatement shall be provided in accordance with City of GIs ell Ordinance 10- . e. Street naming shall be approved by the fire department. . That a. letter be obtained from the Kalispell ell Parks and Recreation Director approving a. landscape plan for the Placement of trees and landscaping materials Conditional Use Permit Autumn Creek Preliminary Plat September 22, 2005 Page 2 within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision. Regulations, Section. 3.11). . The area designated on the plat as ark" along with the open area will meet the parkland .d dedication requirements is rovided. that it be developed to create a recreational amenity within the subdivision. Those park improvements shall be addressed in accordance with a plan approved the Kalispell Parks and. Recreation Director so as to provide a recreational component within the development. t. letter from the Kalispell Parks Department shall be provided at the time of final plat that outlines the improvements and confirms those improvements have been made. (Kalispell Subdivision Regulations, Section 3.19). . That a detailed flood la n study be completed and accepted by FEMA determining r the base flood elevation for the floodplain area within the subdivision, No lots that are within 100 feet of the 100 year flood. lain as currently indicated on the FIRM panels shall be platted prior- to the completion and acceptance of the study area, The base flood elevation as determined as accepted by FEMA shall be indicated on the final plat, . Lots shall not be pre -sold until such time as a. flood. la n study has been reviewed and approved by FEMA wbichdetermines the location of the 100 year food. lain and the base flood elevation. 10. A note to shall be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of Hathaway Lane to urban standards. 1 1. Townhouse lots within the subdivision sl aH be identlfied by a lot number and letter A or B. 12, The Kalispell Bypass corridor shall be indicated on the final plat as a separate parcel along with a. rote that states "reserved for future right-of-way ae wsition", or if the State has acquired the property as the "Proposed Kalispell Bypass" and not be made hart of the proposed lots. 13. That a. letter be obtained from Flathead County Road Department stag t .a.t the ro osed accesses onto Hathawqy Lane have been reviewed and a pproved with the following improvements: The developer is required to widen Hathgyay., Lane for approximately atel 150 feet from Highi ra 2 west to the north to a. minimum of 2 feet along with airy a ro mate Widening-of-Hatha3yay Lane and shoulder work adjacent to the propel;. 14. assoe• # rt F R wernents ren:1 upQ4d -e UDC)T QL611 • th r f • + r r # rt QJat • That a .letter is obtained from the Montana Department of TransRortation revie�r the a�awa � � � � � � west � impacts associated with this subdivision. With the approval from MOOT the devel er is required to install a deceleration lane for westbound traffic on Highva 2 West.' The improvements shall be core feted prior to final plat submittal and a letter from MDOT shall be submitted stating the re aired improvements have been satisfactoirfiv completed. 1.5. 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 artment stating the naming and addressing on the final plait have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09). 16, AH e i.sting and proposed easements shall be Mdicated on the face ofthe fmal plat. Utility easements for City grater and sewer shall be provided to allow for the logical extension n f utihties from this subdivision to adj irffig properties# A letter from the Kalispell Public Works Department artment shall be obtained stating that the required easements are being shown on the fmal plat. 17, The developer shall provide a letter from the U.S. Postal Service approving the plan for mail. service. (Kalispell Subdivision Regulations, Section 3.22). 18. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude nnecessar l y onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 20. That a minimum of two-thirds of the necessary infrastructure .cture for this subdivision shall be completed prior to fir al plat submittal. 21.. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 22. That preliminary plait approval for the Hirst phase of the planned unit development shall be valid for a period of three gears from the date of approval with an . automatic two year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). AUTUMN CREEK SUBDIVISION APPLICATION FOR CONDITIONAL USE PERMIT CITY of KAIS EL Introduction Our client, New West Properties, L.L.C., is proposing a new subdivision.. The proposed Autumn Creek Subdivision is located west of Kalispell on HathalAray Lane 1,500 feet north of Highway 2. The subdivision will include 21 lots, approximately 0.2 acres each. The legal description of the subdivision is Track 6DI, 6AAK and. 6A13, Section 12, T28N, R22Wk A conditional use e='t is requested to allow for 2-unit townhouses on 6 of the 21 lots. .. Zoning...district and Zo e Classification which ro The proposed subdivision is zone. R- -urban single family residential. Townhouses are permitted i -3 subdivision with filing of a conditional use pennit. . Attach a I of the affected lots container a. Surrounding Land Uses Activities and land uses surrounding the proposed subdivision include agriculture, Single- family homes, horse owners, and other subdivisions. The northeast corner of the: subdivision may be dedicated to the Montana Department of Transportationfor highway right of way* b. Dihnensions and Shape of Lots See attached site plan for dimensions and shapes of lots. Lots containing townhouses and requiring an additionaluse permit include lots 6,7 � 819 , 15 and 2 1. c# Topographic Features of Lots See attached site plan for topography of proposed subdivision. . Size and Location tion of Existing B cl g pole bam is currently the only building str .cture onsite. It will be removed prior to construction. . Size and Location of Proposed Buildings Sec attached site plan for location of proposed buildings. Existing Use of Structures and Open Areas Currently the subject property is not being used.. Previous uses for the subject propel included fanmIand ared grazing pasture. A tributary to Ashley Creek flows on the southwestem portion of the site. This area will be left natural -and an open/conservation area will be Tonne . g. Proposed Use of Structures and open Areas The, subject property will primarily be used for roads, homes and yards. The open/conservation area, approximately 2 acres, will be left natural and provide se re viewing opportunities. Arrangements have been mace to remove the existing pole bares. h. Existing and Proposed Landscaping and Fencing Each lot will be landscaped and seeded with grass. Fencing will be located along the north, and south property lies. Existing wire fence on the property will be removed. 3. Discussion of relative topics: . Traffic Flow and Control The transportation net vork servicing Autunm Creek Subdivision is shown on the preliminary plat. Access to the property will come from Hathaway Lane, 1,500 feet north of Highway 2. The northwest comer of the propel may be dedicated to Montana Department o Transportation for highway fight of way. This ght of way is in anticipation of a bass route. There will be no access, to or from the property, through this highway right o way. At fall build -out, the subdivision may generate -ate a maximum of 270 vehicle trips per day. Trip direction from the subdivision is most likely going to be a left turn, from the subdivision, onto Hathaway Lane towards Highway 2. Traffic is then expected to turn Jeft on Highway 2, and head east into Kalispell. Traffic due to this subdivision is not expected to impact the existing roadway system. The county, state, and city transportation networks in the. region can adequately accommodate the anticipated vehicle trips from this subdivision,. . Access To and Within the Propel All lots will have driveway access from the inter .al subdivision roads. Jaen al subdivision road right of way will be 60 feet. Minimum pavement widths of 28 feet will be maintained thro gho .t the subdivision. The roads will be designed to Kalispell City Standards. As stated above, access to the propel will come from Hathaway Lane 1,500 feet north of Highway 2. Two in.tema . subdivision roads are proposed, each ending in a ci de sac. Each cl de sac has been designed, according to Kalispell City Standards, with a -foot radius to the back of the curb. Circulation and flow is not expected to be a problem. c. off -Street Parking and Loading ffidividual garage spaces and dTive ways will accommodate off-street parking. Loading berths are not required for the subdivision and have not been included. .. Refuse and Service Areas The collection of refuse will Fail under the City of Kaiispeil"s jurisdiction. Individual garbage units are proposed for each lot in the subdivision. . Utfltics Upon development, utilities will be extended to service the subdivision. Municipal sewer and water will service the subdivision. Currently, gas and electric utilities run along the westem boundary of the property. . Screening and Buffering A� � free �u di�sion �i1 be incorporating natural and rnarnade screening - arid. . buffering. g. The developer has agreed to install screening on the nort em property line o the property at the request of a neighboring homeowner, Screening will also be placed on the sot .eTn property line along with natural screening and buffering. Trees and natural surface eaters create a separation from surrounding properties to the west and south. . Signs, Yards and other open Spaces Signing for the subdivision will consist of street signs and will conform to Kalispell City Standards. A ground -mounted sign identifying the subdivisions is proposed near the entrance. Typical grass yards are expected for each lot In the subdivision., including the proposed lots containing townhouses. Minimum yard requirements for R-3 subdivisions ill be mamtai .ed on each lot, including townhouse lots. An open/conservation area is proposed for the southwest portion of the property. A tributary to Ashley Creek flows through this open area. h. Height, Bulk and Location of Structures Location of structures and layout of the subdivision can e seen o the attach site plan. All lots o the subdivision., incl ding proposed townhouse lots, Will con ors t �-' ) Property Development Zoning Regulations. Height of structures is not expected to exceed 2 stories and will remain under the maximum height of 3 5 feet. i. Location of Proposed Open Space Uses A. approximate 2-acre r DJ . r.ti area will be located in the southwestem portion of the propel. This area will be left natural and allow for cm.e view-ing and beaufflication of the property. . Hours and Manner of operation. The proposed subdivision will be composed of family housing. Hours and manner o operation will be typical of urban single-family residential subdivisions. k. Noise, Light, Dust,, ors, Fumes and Vibrator Noise, light, dust, odors, des and vibration will not increase significantly for this site. Dust may increase during construction, but all i tema_i roads and parking -will be paved, so dust will be Minimal o. completion of the construction. Noise, light, dust, odors, fumes and vibration will be typical of urban single-family residential subdivisions. City of Kalispell Planning Department 17 Second Street East Suite 211 Kalispell, Montana 59901 Telephone: o751-1850 Fax: 1-1 We site: kalispellp tanning. com August 29, 2005 Dear Property Owners - You are being sent this notice and other information because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. This is not another public hearing. Comments wfll be accepted at the beginning of the meeting under Hear the Public. You may contact this office for additional information. The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, September 13, 2005 beginning at X In the KalispeR City Council Cambers, Kahspeff City Hal., 312 First Avenue .fast, Kalispell, This request was continued by the Kalispell City Planning Board from. their June 14, 2005 meeting. This 1s an amended proposal for Autumn n Creek Subdivision. The property is located north. of Hwy 2 West, on the east side of Hathaway Lane: Annexation with an initial zoning designation of .-2, Suburban. Residential, on approximately 8 .694 acres. A request for preliminary plant approval and a conditional use permit have been filed concurrently With the annexation request. request for pre �miary plat approval of Aut nan Creek Subdivision, a. 21 lot residential subdivision on approximately 8.694 acres consisting of 17 single family lots and 4 townhouse lots. A request for a conditional use permit to for the creation. of -two unit townhouse lots for a total of 4 townhouses, within the proposed A .tu= Creek Subdivision, a. Preliminary plat for a 21 lot residential subdivision. Documents pertaining to these agenda items are on file for public inspection at the Kalispell .arming Department, 17 Second Street East, Suite 211., Kalispell, MT 59901, and a.re available for public review during 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 Kalispell Planning epartmcrit at the above address, prior to the date of the meeting, or you may contact me at 751-1850 or e-mail at wil o ., .lis ell. eom for additional information. a.tion. Smeerey, ryf- r r` f � 9 Narda A. Wilso' n, AIC Senior planner .... .. . ........... .. 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VICINITY MAP scams 1 350' LEE & LINDA HERSHBERGER CONDITIONAL USE PERMIT TO ALLOW 6 TOWNHOUSE LOTS (12 UNITS) IN A PROPOSED R-2 (SUBURBAN RESIDENTIAL) DISTRICT FILED CONCURRENTLY WITH AN ANNEXATION & INITIAL ZONING AND PRELIMINARY PLAT PWT DAM 5/9/05 FILE# KCU-05-06 1H:\,gis\site\Jcc:u05-6.dwg . . .. . .. . . . .. . .... ... ..... .. . ... . ........... . . ............. AGENDA K&LISPELL CITY PLANNING BOA AND ZONING COMUSSION September 13, 2005 regular meeting of the XalispeH City Planning Board and Zoning Commission is sclieduled for Tuesday, September 13, 2005 beginningM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell, Montana. .e Agenda for the meetm'g will e: A. Gall to order and roll call. B. -Approval of the Mm4 sites -August 9,, 200 C. Hear the Fluho - The public rnay comment on any matter on the agenda or not on the agenda, except the public hea ='g items listed u*=diate y below. D. F>ul.c Hearings: The Kalispell City Planning Board and Zoning Commission will hold a public heaxing on the following agenda items. FoHowing the heaxing and boar. discussion,, the board may make its recommendation to the Kalispell City Council for final action-, . A r c est by Flathead Health Center, Inc. for a conditional - .se permit to aLlow the relocation of a temporary modular office building southwest of the e sting Alert Buil at 3 10 S rnyview Lane, on the southeast corns of Claremont a -ad Conway Drive. The propel is zoned H-1, Health Care. 2. A request by Big Sky Properties on behalf of Araen*oan Capitol aka. ACG Kalispell Investors, LLC, for an amend ant to the Kalispell Zoru'ng Ordinancet allow light assembly in t -3, Community Business, zoning district. This amendment could potentially affect all properties in the Kalispell o�. ji-ir-isdiction, i.e. the Kalispell city limits, that are zoned -3. E. Old Business . Contm'ued from the u 14, 2005 meedng- Autumn Creek Subdivision. The property is located north of Hwy 2 West, on the cast side of Hathaway Lane: Anne ation with a.. mtf,a , zonmg designation. of R-2, Suburban Residential, on appro.'�=ate y 8.694 acres. A request for Preliminary plat approval and a. ondiLo. a. use permit have been filed o ..rre .t y with the annexation request. • . request for prei'minar � plat ppro ail of Autu= Creek Subdivisiori, a 21dot residential subdivision on appro.-sdmately 8.694 aLcres consisting of 17 single- famfly lots and 4 townhouse lots. Kalispell City Planning Board Agenda Page 2 • A request for a. conditional use pest to allow the creation of 2-two unit townhouse lots for a total of 4 townhouses within the proposed Auto.= Creole Subdivision,, a prebxninary plat for a 21 lot residential subdivision. F. Now Business . Creation of the BNSF Tax Increment Finance District generally located on the north and south sides, t not inchacii , the Kalispell Center Mall and Brost of Ma. Street. G. Ado r t. Next regular meeting-, October 11, 2 - Tuesday, 7:00 PM Groff Policy Work Session: To Be Arranged CERTIFICATION APPLICANT-. Lee & Linda Hesege TCPO FILE NO: KP- 5- K.; 5- KCU-05- the undersigned certify that I did this date mail via First Class mail a copy of the attache. notice to the following list of landownersaLljoinin the property lines of the property that is requesting annexation, a preliminary plat and a conditional use permit. f Date: � s-T-R: 2-2-22 Lot/Tracts# Tracts 6AB, 6I 6AAK, Property Owner Mail Address Lee 8a Luria, Hexshbergear &H 31 Three Mile Drive, Ste, 101 Kalispell., MT 59901 AND ATTACHED LIST i%ELL EDP RAL H LEE & LINDA ERSHBERG R I — MILE D RIVE S TE 10 1 ERA SUT KAL SELL 2 ' L HAWAY LANE LISP, M 991 TOES ON, LAI Y & SUSAN 1471 US HIGHWAY 2 W K LISPELL, MT 59901 CROSS, S AN EY & DORA � N W TAYLOR AVE ..TIN LIVING TRUST, DARREL 29 US HIGHWAY 2 W KALIS ELL, MT 59901 'ILLS, WILLLAM E 19 US HIGEWAY E W K LIS ELL, MT 59901 MC ALLISTER KAHERE E STOTTS, MICHAEL A 310 HAT.WAY LN KL S LL, \4T 59901 CITY OF KALISPELL PO BOX 1997 KALI S ELL, MT 5 9 9 L ARTLETT, LYL . HAHAWAY LANE KALISPELL, MT 59901 PARSONS, LAWRENCE VALE 92 HATHAWAY DR KAL S ELL, MT 59901 ROSE, NANCY ALLEN KALISPELL, MT 59901 AdVIPELL-RIESON, KMY RMS N, RON L 305 NMLLRD KAL S ELL, MT 59901 POPE HI, DANIEL F POPE, ROCHELLE 130 GREEN RLA..R DR KALISPELL, MT 59901 ', RN & BRENDA 100 HAHAWAY LN KALISPELL, MT 59901 N LAN,, MARK & KATHERLNE HATHAW Y LANT KALISPELL, MT 59901 COLLINS', CAROL 19 HAWY LN KALI S ELL. NIT 59901 TUNGSTEN HOLDINGS INC PO BOX 1213 LIBY} MT 5992-3' HATHAWAY LN KAL SPELL,, MT 59901 STATE OF MN ANA DOT PO BOX 201001 CPO Kajor Summon 200 CERTIFICATION APPLICANT: NEW WEST PROPERTIES, LLC TCPO FILE NO: KP-5- 7 via c or registered mail a copy of the attached notice to the foHowing of lnvmer AAjt the propel es of the property that is to be subdivided. Date: . Assessor's # -T -R Lot/Tract# Property Owner, Mai. Address 2 -2 N-22W NEW SST PROPERTIES LLC 435-4THAVENUE EAST SPELLI, MT 59901 H MAS, DEAN & HOSKINS 3 3 MILE DRIVE, STE 101 KALISPELLt MT 59901 AND ATTACHED LIST NEW SST PROPERTIES LLC TD&H MELTLI, EDP KPH 435 - AVE EAST 31 -3 MILE DRIVE TE 101 DEBRA SUE KALISPELL, MT 59901 KALS E L MT 59901 2 HATHAWAY LANE KALISPELL, Mr 59901 1471 US 1UGHWAY 2 W KALISPELL,,Nff599 1 GROSS, STANLEY& DORA 2753 NW TAYLOR AVE CORVALLIS, OR 973 3 MARTIN LIVING TRUST,, DARREL R 1429 LDS FHGWAY 2 W KAISE, M` 59901 BLS' WILIAM E 1479 US FUGERVAY E W KALISPELL,, MT 59901 MC AL IST R KATBERINE E STOTTS, MICHAEL A 30 HATHAWAY LN KAIS E W 59901 CITY OF KALISPELL PO BOX 199 KALIS 'E ', fT 59903 ART E � LYLE 3 3 HATHAWAY LANE KAKIS EL , Mr 59901 PARSONS, LAWRENCE A ERIE 92 HATHAWAY DR ROSE,, NANCY ALEN 1483 US FUGHWAY 2 W KALISPELL, MT 59901 FRS N, RN 305 N HflLL RD KALSE, Mr 59901 POPE ffl, DAL F POPE, ROCHELLE 130 GREEN BAR DR KALSEL,, Mr 59901 HATHAWAY LANE KAIS E , M'T 59901 COLLINS', CAROL A 19 HATHWAY L KALISPELL, MT 59901 TUNGSTEN HOLDINGS INC PO BOX 1213 LIBBY,M[T599 3 FEWLASS,, STEVEN 13 HATHAWAY N KALISPELL,, MT 59901 STATE OF i\40NTANA DOT PO BOX 201001 BELErrA, Mr 59620 Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone:751-1850 Fax: (4061751-1858 tit .� #net You are being sent this notice because you are a propel owner within 150 feet of the proposed project noted below and will be most directly affected by itsdevelopment, V have opportunity t present your comments and concerns t the meeting noted below. our contact this officeforadditional information. \/ NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COWMISSION June , 25 The regular meeting of the KalispeH City is ni g Board and Zoning Commission is sched-aled for Tuesday, June 14, 2005 beginningt # o PM in the Kalispell City Co-uncil Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planxmg board will hold a public hearing and take public comments on the foRowing agenda items. The Board will make a recommendation to the Kalispell City Council who will take dal action. .. A request by Potthoff, meson and Executive Plaza Paxtnership for a change in zoning from. R- , Two Family Residential, to RA-3, Residential Apartment Office, on a ro�.ateiy o. 5 of an acre located on the south side of Fifth Street East between Main Street and Second Avenue East. The propel can be described as Lots 1, 16, 17, 18 Block 84 and Lots 1, 2, 3, Bock 85 Kalispell original Township m Section. 18, Township 28, Range 21 West, . M . M . , Flathead county, Montana 2, A request by HuttonRanch Plaza associates for an i�tial zoning designation of 2, General Business, with a Pled Unit Development U overlay upon annexation to the city of KahspeH on approximately 46.05 acres. The propel is located on the east side of US Hwy 93 south of e Mounter view Plaza development and north of the FlatheadValley eon r it r eo ege* In co r�ct�.o with the annexation and proposed FEUD zoning designation, a subdivision has been filed to be knovm as Hutton Ranch Plaza. The property can be described as Assessors Tract 3 and a. portion of Assessor's Tract 4G located in Section 31, Township 29 North Range 21 West, '.M rM w , Flathead county, Montana. 3. A request by Hutton Ranch Plaza ,associates, LLC for preliminary plat approval o Hutton Ranch Plaza, a 26 lot commercial subdivision on approxnnately 46 acres. As proposed there wo-uld be 26 commercial lots that would sure common parking and access within a. common area.. A request for annexation and an initial zoning designation of -, / PUD has been filed concurrently it . the subdivision request. The property can be described as assessors Tract Assessors Tract- 3 and a portion of Assessor's Tract 4G located in Section 3 1, Township 29 Forth Range 21 West, P. M . M . , Flathead County, Montana. Providing community Planning Assistance T: * city of Columbia Falls * City of Halispe1l * City of Whitefish• . A request by the City of Kalispell for prey ary plat approval of Kalispell Fixe Station No. 62, a one lot subdivision containing approximately 2.154 acres. This one lot subdivision. is Mtended for development of the now KallspeJi fire station. The propel can e described ed as a portion of Assessor"s Tract 5 located in Section 36, Township 29 Now, Range 22 West, .M.M., Flathead. Co-unty, Montana. . A request by New vest, LLC for an initial zoning designation of R-3, Urban Single Family Pesid.ential, on appr•om'Mate .y 8.694 acres. The property is located north of y 2 West, on the east side of Hathaway Lane. A request for preary pat approval of Autumn Creek Subdivision, a 27 lot residential subdivision and a conditional .se pest to a ow 12 townhouses have been wed concurrently with the a=exation request. The property can be described as Assessors Traps 6AAK, r and 6AB located in Section 12, Township ip 28 North, Range 22 West, .M.M,, Flathead County, Montana. . A request by Neer West, LLC for preliminary plat approval of Autu= Creek Subdivision, a 27 lot residential su division on appro=atoly 8.694 acres. As proposed there would be 15 single fey lots and 12 townhouse lots. A request for annexation and initial zoning along with a conditional use permit for the to mouses have been wed concurrently y with the preary plat application. The propel can be described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, . M . M . , Flathead. County, Montana, . A request by New West, LLC for a conditionai use permit to auow the creation of six two unit townhouses or 12 townhouse lots within the proposed Autu= Creek Subdivision, a preliminary plat for a 27 lot residential subdivision.. A request for annexation and. .m' al zoning along with the preary plat for the subdivision have been filed concurrently with the conditional use permit application. The propel" can be described as Assessors 'bracts 6AAK, 6DI and 6AB located in Section 12, Township 28 Now, Range 22 West, .M_M . , Flathead County, Montana. a. Documents pertaln.' to these agenda iterns are on file for pubhc lnspeetion at the 'ri-City Planning ffice, 17 Second street East, Suite 211, Kalispefl, MT 5990 1, and are available for public review during regular office hours. Interested personas are encouraged to attend the hearm.g and rake their views and concerns known to the Board. Written comments may be submitted to the `ri-City Planrn*ng Office at the above address, pn' or to the date of the hearing, or you may contact Narda Wilson, senior Planner at o 5 -1 5o or e-mail at tricitvna-rda@-cen-turvtel.net for additional information. . Sincerely, Narda A. Wilson Senior Planner o. 9447 NOTICE OF PUSUC HEARING. ALI P LL CITY PLAITING BOARD AND ZONING COM- MISSION June 14, 2005 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, June 1, 2005 beginning at -00 PM in the Kalispell City Council Chambers, l" aiispell City Hall, 312 First Avenue East. a- lispell. The planning board will mold a public hearing and take public comments on the follow- ing agenda items. The Beard will make a rec- ommendation to theKa- lispell City Council who will take final action. 1. A request by Potth- off, Allison and Execu- tive Plaza Partnership or a change in zoning rorn -, Two Family esidential# to RA-, Residential Apartment Dfflce, on approximately ).65 of an acre located )n the south side of =fifth Street East be- ;ween Main Street and Second Avenue East. The property can be de- scribed as Lots 1, 16, 1 t 18 Block 84 and Lots 1, 2, 3, Bock 8 Kalispell Original Town- ship in Section 1, Township 28, Range 21 West, F .M.M., Flathead County, Montana , A request by Hutton Ranch Plaza Associates for an initial zoning des- ignation of B-, General Business, with a Plan- ned Unit Development SPUD) overlay upon an- nexation to the City of Kalispell on approxi- mately 46.05 acres. The property is located on the east side of US Hwy 3 south of theMoun- tain View Plaza devel- opment and north of the Flathead Valley Com- munity College. in con - Junction with the annex- ation and proposed PUD zoning designa- tion, a subdivision has been filed to be known as button Ranch Plaza. The property can be de- scribed as Assessors ract 3 and a portion of Assessor's Tract 4G lo- cated in Section 31, Township 29 North Range 21 West, P.l .1 l., Flathead Coun- ty., Montana. . A request by Hutton Ranch Plaza Associ- ates, LLC for prelimina- ry plat approval ofHut- ton ranch Plaza, a 26 lot commercial subdivi- sion on approximately 48 acres. As proposed there wouid be 26 com- mercial lots that would share common parking and access within a common area. A re- quest for annexation and an initial zoning designation of B-2jPUD has beers filed concur- rently with the subdivi- sion request. The prop- erty can be described as Assessors Tract As- sessors Tract 3 and a portion of Assessor's_ Tract 4G located in Sec- tion 31, Township 29 North Range 21 hest, P.I.M., Flathead Coun- ty, Montana. 4. A request by the City of Kalispell for pre- ... lirninary plat approval of Kalispell Fire Station No. ,,. a one .lot. subd vision. contarinin _ a roxinnately .#84- acres. This one lot sub- division is intended for :. development of the ..:: narth Kalispell fire sta- tion, The property can F .. be described as a por- tion of Assessor's Tract located in Section 36, Township 29 forth, Mange 22 West, P,l .M., Flathead ow— ter, Montana. . A request by New.:. West, LLC for are initial - zoning designation of l- 3, Urban Slagle Pamir Residential, on approxi- mately 8.694 acres. The - property is located north: of Hwy 2 hest} on the east side of Hathaway Lane. A request for pre- liminary plat approvai ref Autumn Creek. Subdivi- sion, a 27 lot residential subdivision and a condi- tional use permit to aim low 12 townhouses have been filed concur- rently with the annexa-. Lion request. The prop- erty can be described: as Assessors Tracts:: AAA , 6DI and 8AB lo- cated in Section 12, Township 28 forth., Range 22 West, P,M.M,,Flathead Coun-, Montana.ty, 8. A request by New. West, LLC for prelimina... ry plat approval of Au- tumn Creek Subdivision, a 27 lot residential sub . division on approximate- ly 8.894 acres. As pray. posed there would be.- 15 single family lots and.., 12 townhouse lots. A re-: quest for annexation - SATE OF M N ANA FLATHEAD COY AFFIDAVIT OF PUBLICATION CHRIS SCIULDHEISS BEING DULY SWORN, DEPOSES AND SAYS. THAT SEE IS T LEGAL CLERK OF TBE DAY DER LAKE A DAY NEWSPAPER OF GENERAL CIRCULA1101 PRINTED AND PUBLISBED IN TBE CITY OF KALISPELL, IN THE COUNTY OF FLATEEAD, STATE OF M NT.ANA, AND THAT NO 9447 LEGAL AVERTIS: ENT WAS AND PUBLIS= IN TBE REGULAR AND S SUE OF SAID PAPER., AND I EACH AND EVERY COPY TBEREOF ON TBE TES OF MAY 29, 2005 AND THE RATE CHARGED FOR THE ABOVE PREN�G DOES NOT EXCEED THE NENEMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR TBE SANE PUBLICATION, SET IN THE SANf STYPE AND PU13SBED FOR THE SAS NUNMER OF INSERTIONS. f 5 i t ' t A. 7 S and sworn to Before me this AD MAY 3 2005 Notary Public for the State of Mots. Residing Kalispell My Commission expires9/11/05 and initial zoning alone with a conditional use permit for the townhous- es have been filed con- currently with the pre- liminary plat application. The propel can be de- scribed as Assessors Tracts BAAK, 6DI and 8AB located in Section 12, Township 28 forth, Range 22 Test, P. l . M., Flathead Coun- ty, Montana_ . A request by New Test, LLC for a condi- tional use permit to al- low the creation of six two unit townhouses or 12 townhouse lots with- in the proposed Autumn Creek Subdivision, a preliminary plat for a 27 lot residential subdivi- sion. A request for an- nexation and initialzon- ing along with the pre- liminary plat for the sub- division have been filed concurrently with the conditional use permit application. The proper- ty can be described as Assessors Tracts 6AAK, 8l l . and 6AB located in. Section 12, Township. 8 North, Mange .. West, P . M .M., Flathead.: County, Montana. ...+y-...-M r.,....,�� i o.uunuui.ui.l+urwwwF'•; Documents pertaining.....-" to this agenda item arc~ on file for public inspec- tion at the Th-City Plan- ning Office, 17 Second. -- Street East, Suite 11, Kalispell, MT 59901 ' ' : and are available for:,: public review during;.... regular office hours. Interested persons are.. encouraged to attend.... the bearing and make:..:. their views and con terns known to the.:.:. Board. Written co ­ rnents may be submit--' ted to the Tri-City Plan�..: rung Office at the above.>. address, prier to the-, date of the hearing, or:. you may contact Iarda.. Wilson, Senior Planner - at 06 1-18 0 or e- mail her at.. tri citynard a@centurytel.`. net for additional infor- mation. /s1 Thomas B. Jentz Thomas P_ Jentz Planning Director May 29, 2005. PROPOSED USE: Tri-c ty 'ian Of 17 Second St East, Suite 2 11 KaffspeLl, MT 59901 Phone: 405-5Fax: - 406 5-5 APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL Townhomes on Lots 6, 7, 8, 91 15 & 21 VINT(S) OF RECORD: Name: New VVe t Properties, L.L.C. Mailing Address: 435 4thAve. East. City/State/Zip- Kalispell, MT 59901' -2 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Thomas, Dean & Hoskins, Inc. Maffing Address: City/State/Zip. w 31 Three Mlle Drive, Suite 101 l afi pet# MT 59901 Phone: o - 5 -52 � LEGAL. DESCRIPTION OF PRUPERTY (Refer to Property Records):. 4 Street Address. Two Mile,_ Kalispell Sec. 'down- 3 Range No. - 12 ship 28 I No. 2 W Subdivision ` aet Lot 6,7,8,9 1 Block Name: Autumn Creed No . No (s).1 5, 21 No. a 1. Zoning District and Zoning Classification in which use is proposed: W8 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. . Dimensions and shape of lot, C. Topographic featares of lot, d.. Size and o ca f s of existing buildings e. Sizes and location(s) of proposed ildi gs. `. Existing use(s) of structures and opera areas. . Proposed use(s) of structures and open areas. .. Existing and pro -nosed landscaping and fencing. 1 . On a separate sheet of paper,, discuss the following topics relative to the proposed use: a.. Traffic flow and control. . Access to and circulation within the property. C. off-street parldng and loading. . Refuse and service areas, e. Utilities. Screening and buffering. g. , Signs, yards and other open spaces. h_ Height, bulk and location of structures. i. Location of proposed open space uses. . Hours and manner of operation. k. Noises light, dust, odors, fumes and vibration. 4. Attach supplemental information for proposed uses that have additional requirements (consult Planner). I hereby certify under penalty of perjury and the laves of the State of Montana that the information submitted herein., on all other submitted fo=s, .oc x.z e tt-�,, plans or any other information ation 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 incorrect or untrue, I understandthat any approval based thereon may be rescinded, and other appropriate action taker. The signing of this application signifies approval for the Tr -City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. AmKica .t Si2nature 2 yra 9 oS J3'a-te