05. Resolution 4784 - Preliminary Plat - Blue Heron EstatesTri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel.net
www.tricitypianning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Blue Heron Estates Subdivision Preliminary Plat -
Three Mile Drive and Stillwater Road
MEETING DATE: May 5, 2003
BACKGROUND: This is a request by Charles and Michelle Lapp for preliminary plat
approval of Blue Heron Estates a 59-lot residential subdivision on approximately 24.4
acres located at the northwest corner of Three Mile Drive and Stillwater Road. The
subdivision would be developed in three phases over a period of time depending, on
the market conditions. Filed concurrently with the preliminary plat request is a
request for annexation and an initial zoning designation of R-2, Residential, upon
annexation to the city. The property is currently zoned County R-2, Residential, and
has traditionally be used for agricultural purposes in the past. City utilities are
approximately one -quarter of a mile from this proposed subdivision with the
development of Northview Heights Subdivision and would be extended from their
current location to serve this site.
The Kalispell City Planning Board held a public hearing regarding this matter at their
meeting on April 8, 2003. There were several property owners from the immediate
neighborhood who spoke in opposition to the proposed subdivision stating that this
type of a development was an unwanted intrusion into the rural character of their
neighborhood. They did not think this type of density was appropriate in this area
and that the lots in west of Stillwater Road should be required to be a minimum of five
acres in size. They were also concerned about impacts to the roads and the school
district. The board members discussed other development in the area, road
conditions, potential impacts to the school district and alternatives to urban density
subdivisions on the fringes of the city limits.
At the planning board meeting, a motion was made and passed on a vote of four in
favor an one opposed to forward a recommendation that the Kalispell City Council
approve the preliminary plat subject to the recommended conditions.
RECOMMENDATION: A motion to adopt the resolution approving the preliminary
plat subject to conditions would be in order.
FISCAL EFFECTS: Minor 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 -
I Blue Heron Estates Subdivision Preliminary Plat
April 18, 2003
Page 2
Respectfully submitted,
d1
Narda. A. Wilson
Senior Planner
Report compiled: April 18, 2003
c: Theresa White, Kalispell City Clerk
Chris A. Kukulski
City Manager
Attachments: Transmittal letter application materials
Staff report #KPP-03-2 and alpI meeting
Draft minutes from 4 / 8 / 03 planning board
TRANSMIT\KALISPEL\2003\KPP02-2.MEMO
RESOLUTION NO.4784
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF BLUE
HERON ESTATES SUBDIVISION, MORE PARTICULARLY DESCRIBED ON EXHIBIT
"A", IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA.
WHEREAS, Charles and Michelle Lapp, the owners of certain real property described above, have
petitioned for approval of the Subdivision Plat of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
April 8, 2003, on the proposal and reviewed Subdivision Report #KPP-03-2 issued
by the Tri-City Planning Office, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Blue Heron Estates Subdivision, subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 5,
2003, reviewed the Tri-City Planning Office Report #KPP-03-2, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report
#KPP-03-2 are hereby adopted as the Findings of Fact of the City Council,
SECTION II. That the application of Charles and Michelle Lapp for approval of the
Preliminary Plat of Blue Heron Estates Subdivision, Kalispell, Flathead
County, Montana is hereby approved subject to the following conditions:
Development of the subdivision shall be platted in substantial compliance with the approved
preliminary plat 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.
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 Flathead County Road Department approving the
intersection of Stillwater Road and the new internal subdivision road and shall include a post
construction inspection that certifies any necessary improvements have been made.
9. That a minimum 20 2-5 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, sight obscuring fencing and or landscaping. These
improvements to be coordinated with the 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 dead-end street shown at the northern end of the internal subdivision road shall be
eliminated and reconfiMured to connect with the east west roadway.
13. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service.
14. That the parkland dedication requirements shall be one -ninth of 11 percent of the area in lots
or 2.2 acres. The park areas as indicated on the plat will meet the requirement provided some
recreational amenities are provided to the site such as play equipment and irrigation.
Additionally, a maintenance agreement for the park 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 70-
foot lot width requirements of the R-2 zoning district and the minimum lot size requirements
of 9,600 square feet exclusive of any easements.
17. Any development in the 100-year floodplain shall be required to obtain a floodplain
development permit prior to construction. —A detailed s*Hldy of the floodplain areas shall be
peff4med to establish the base flood elevations or- pfevide doeuFnentation that the pf opeF�y
pfeeess and a alp
18. Lots that are indicated to be partially located in the 100 year floodplain should have a
minimum 40 by 40 foot building pad indicated on the lot that comply with the zoning
setbacks of the R-2 zone. Specifically those that are partially in the floodplain are lots 36, 27
and 38.
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 addition 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 Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 5TH DAY OF MAY, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
Lot 2 of Vogler Subdivision No. 2, amended Plat of Vogler Subdivision and Subdivision No. 204
located in SE 1/4 SSE 1/4 Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County,
Montana.
Description
A tract of land in SE 1/4 SE 1/4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana, described as follows: Commencing at the northeast corner of the SE 1/4 of said
Section 2; thence S 00°47'03" W, 1353.59 feet to the northeast corner of Subdivision No. 204,
records of Flathead County, said corner being the True Point of Beginning of the tract of land herein
described; thence along the boundaries of said Subdivision No. 204 the following two courses: S
89048' 15" W 1312.45 feet and S 00°35' 18" W 574.42 feet to the northwest corner of Vogler
Subdivision, records of Flathead County; thence along the boundaries of said Vogler Subdivision the
following two courses: S 00°37'00" W 660.06 feet and N 89°52'37" E 330.08 feet to the southwest
corner of said Subdivision No. 204; thence along the boundaries of said Subdivision No. 204 the
following four courses: N 89°56'02" E 275.73 feet; N 00°45'49" E 615.20 feet; S 89°21'59" E
70294 feet and N 00°46'33" E 630.56 feet to the point of beginning containing 27.315 acres more or
less, being subject to and together with all appurtenant easements of record.
The above described tract of land is to be known and described as "Vogler Subdivision No. 2."
Description: Parcel "A" (Flathead County Search and Rescue to Lapp):
A tract of land in SE 1/4 SE 1/4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana, described as follows: Commencing at the northwest corner of Vogler Subdivision,
records of Flathead County; thence along the boundaries of said Vogler Subdivision the following
two courses: N 89°53' 12" E 330.09 feet and S 00°37'03" W 330.00 feet; thence S 89°53' I2" W
330.09 feet to a point on the west boundary of said Vogler Subdivision; thence N 00°37'03" E
330.00 feet to the point of beginning containing 2.500 acres more or less, being subject to and
together with all appurtenant easements of record.
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centu rytel.net
April 17, 2003
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Blue Heron Estates Subdivision Preliminary Plat (Annexation & Zoning) -
59 Lots on 24 acres at Three Mile Drive and Stillwater Road
Dear Chris:
The Kalispell City Planning Board met on April 8, 2003, and held a public hearing to
consider a request by Charles Lapp for preliminary plat approval of a 59-lot residential
subdivision on approximately 24 .4 acres. The property is located on the north side of
Three Mile Drive and west of Stillwater Road approximately one -quarter mile from the
current city limits. The subdivision would be developed in three phases over a period
of several years depending on market conditions. The property has been used for
agricultural purposes in the past and is otherwise undeveloped.
Narda Wilson, of the Tri-City Planning Office, presented staff report #KPP-03-2
evaluating the proposal and recommending approval of the preliminary plat subject to
the conditions outlined in the staff report.
At the public hearing there were residents from the neighborhood in attendance
opposing the subdivision primarily because of the density. They felt this type of an
urban residential subdivision was an incursion into their rural neighborhood. They
were also concerned with impacts to the roads in the area and the West Valley School
District.
After the public hearing the board discussed the proposal, and talked about proposed
density and the residential development to the east that would bring sewer to the area.
The impacts to Three Mile Drive were acknowledged as well as the need for upgrades
at some point in the future. Stillwater Road was also a concern because of the
increased use it will experience in the future. West Valley School District was
considering alternatives to accommodate additional students in the future since the
school is near capacity despite the recent school bond approval.
After further consideration some minor amendments to the conditions were made as
are reflected in Attachment A. A condition was added to eliminate the dead-end road
and deleting the requirement for an additional right-of-way reservation along Three
Mile Drive since the right-of-way in this area is currently 120 feet. Some additional
minor amendments were made to the floodplain requirements since the floodplain
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Blue Heron Estates Subdivision Preliminary Plat
April 17, 2003
Page 2
does not appear to significantly effect the development of the lots except for a small
portion that is in the roadway. The park area proposed occupied most of the 100-year
floodplain indicated on the FEMA maps.
A motion was made to approve the preliminary plat subject to the recommended
conditions as amended which passed on a vote of four in favor and one opposed. Please
schedule consideration of this preliminary plat for the Kalispell City Council meeting of
May 5, 2003. 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
Q
Ron Van Natta
President
RVN/NW
Attachments: Attachment A - Recommended Conditions of Approval
Staff report KPP-03-2 and application materials
Draft minutes 4/8/03 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Charles and Michelle Lapp, 3230 C. Falls Stage Rd. C. Falls, MT 59912
Paul J. Stokes & Associates, Inc., 343 First Ave. W, Kalispell, MT 59901
Brien Surveying, Inc., P.O. Box 160, Somers, MT 59932
H:\FRDO\TRANSMIT\KALISPEL\2003\KPP-03-2.DOC
Blue Heron Estates Subdivision Preliminary Plat
April 17, 2003
Page 3
ATTACHMENT A
BLUE HERON ESTATES SUBDIVISION PRELIMINARY PLAT
CONDITIONS OF APPROVAL AS RECOMMENDED BY THE
KALISPELL CITY PLANNING BOARD
APRIL 8, 2003
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 8, 2003 planning board meeting:
Development of the subdivision shall be platted in substantial compliance with
the approved preliminary plat 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 Reserve Drive and certifying that any necessary improvements have
been made.
8. That the developer obtain a letter from the Flathead County Road Department
approving the intersection of Stillwater Road and the new internal subdivision
road and shall include a post construction inspection that certifies any necessary
improvements have been made.
Blue Heron Estates Subdivision Preliminary Plat
April 17, 2003
Page 4
9. That a minimum 20 2-5-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, sight obscuring
fencing and or landscaping. These improvements to be coordinated with the
Public Works Department, Parks and Recreation Department and Flathead
County.
NOW III~-
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 dead-end street shown at the northern end of the internal subdivision road
shall be eliminated and reconfigured to connect with the east west roadway-
13. The developer shall provide a letter from the U.S. Postal Service approving the
plan for mail service.
14. That the parkland dedication requirements shall be one -ninth or 11 percent of
the area in lots or 2.2 acres. The park areas as indicated on the plat will meet
that requirement provided some recreational amenities are provided to the site
such as play equipment and irrigation. Additionally, a maintenance agreement
for the park 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 70-foot lot width requirements of the R-2 zoning district and the
minimum lot size requirements of 9,600 square feet exclusive of any easements.
17. Any development in the 100-year floodplain shall be required to obtain a
floodplain development permit prior to construction. A detai4ed study of the
floedplain areas shall be per-foEmed te establish t4.- base flood elevations
. le daeumentation that th@ property has been remeve4 fFem the 100 year-
floodplain by PEMA, h_1*116 through the rek4ew process and appr-e
preeess.
18. Lots that are indicated to be partially located in the 100 year floodplain should
have a minimum 40 by 40 foot building pad indicated on the lot that comply with
the zoning setbacks of the R-2 zone. Specifically those that are partially in the
floodplain are lots 36, 27 and 38.
Blue Heron Estates Subdivision Preliminary Plat
April 17, 2003
Page 5
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 addition 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.
Atkinson said the access could run east to west and not
connect the two neighborhoods very well. He said the idea
behind his amendment was to enter the neighborhood to
avoid dumping out to West Reserve Drive and to create
connectedness between the parcels.
Van Natta asked and Hull answered he didn't care which way
the access went he wanted to connected Parcel A to the other
subdivision.
Johnson said there are 1270 trips on that subdivision based
on 127 houses with 10 trips each per day.
Atkinson said he didn't think there was any restriction to
entering onto Stillwater from Parcel A so there would be two
opportunities to enter and exit.
Taylor said it would be a boxed -in property if Parcel A was
not connected to the rest of the development.
ROLL CALL (AMENDMENT
The amendment to the amendment passed on a roll call vote
TO AMENDMENT)
on a 4 to 2 vote with Norton and Atkinson opposed.
ROLL CALL (AMENDMENT)
The motion as amended passed on a 4 to 2 roll call vote with
Johnson and Norton opposed.
ROLL CALL (ORIGINAL
The original motion, as amended passed on a 5 to 1 vote with
MOTION)
Norton opposed.
BLUE HERON ESTATES
A request by Charles and Michelle Lapp for an initial zoning
INITIAL ZONING UPON
designation of R-3 upon annexation to the City of Kalispell
ANNEXATION
on approximately 24 acres.
BLUE HERON ESTATES
A request by Charles and Michelle Lapp for preliminary plat
SUBDIVISION
approval of a 59-lot residential subdivision.
PRELIMINARY PLAT
MEMBER UNSEATING
Johnson stepped down because his firm has been involved
with this development.
STAFF REPORT
Narda Wilson, with the Tri-City Planning Office, gave a
4KA-03-3 & 4KPP-03-2
presentation of staff report KA-03-3, a request for an initial
zoning designation of R-3 upon annexation to the city of
Kalispell on approximately 24 acres located at the northwest I
corner of Stillwater Road and Three Mile Drive. The report
evaluates the appropriate assignment of a City zoning
classification upon annexation to the city. The developer
would like to annex in order to receive City services. The i
proper-tv is currently used I'Or agricuitural use. There is a
i minimum lot size requirement of 9."-011 square feet. or
approximately one quarter acre. in the zoning district.
She said -his area '.,.as been faced a lot of development lately
KutisL,eil C`tv !11-arininL, Board
linlitesof-,he inetuna of_�nrii t,. 1003,
PaLe
and there are small pockets of agricultural zoning. bne
noted the hodgepodge of zoning between the urban fringes of
Kalispell and the rural areas of the County, a mix of
residential, suburban residential and agricultural. She said
this area is generally rural in character, but right on edge of
urban development. City services are being extended east of
the site about one quarter mile away and would be extended
to this site at the time of development. This area is
designated as suburban residential in the Kalispell Growth
Policy and zoning complies with this designation. The
developer has initially proposed using private wells on the
property. She said it might be more efficient for the
developer to extend City water to the subdivision if it comes
to within close proximity.
There is floodplain on the property which is in a non -detailed
area, so when the floodplain maps were developed and the
floodplain maps made, assumptions were made about how
far the floodplain would go based on topography. She said
the developer claims this area has been dry, but the FEMA
maps show the floodplain- However, the floodplain area is
apparently narrower that that indicated on the preliminary
plat. As a consequence some of the conditions initially
placed in the staff report will be revised. Staff will look closer
at the possible location of the floodplain since it is not where
it looks to be on the plat. If the most of the floodplain is
designated as park area, then the developer would simply
have to deal with obtaining a floodplain development permit
for a short segment of the road.
Between Phases 1 and 3 the fire department may require an
emergency vehicle route out to Stillwater Road. Staff is
recommending a 20 foot buffer that would require a
pedestrian and bike path along West Reserve Drive and
Stillwater Road. The greatest road impact concern is the
addition of approximately 500 vehicles per day on Three Mile
Drive. This is a State secondary road and would be the
responsibility of the State in the future. She said Condition
10 should be deleted because an additional 10 foot of right-
of-way is unnecessary because it is already a 120 foot right-
of-way. Staff anticipates one school age child per two homes
for impact on the schools with a possible additional 25 to 30
school aged children that might be generated from this
subdivision at full build out.
Staff recommended adoption of staff report KA-03-3 and that
the initial zoning upon annexation should be R-2,
Residential, on approximately 24.38 acres.
Staff also recommended approval of the preliminary? -)!at or
Blue Heron Estates, KPIP 03-35, subject to the 20 conditions
h Condition #9, reading, "a 10 --ooi
listed as amended with 1
buffer strip". Condition:4'O deleted: Condition =`-_16 amended
'Kafispeil C"Ity Planning 3oard
',Minutes ol the meedna of Aorii 8. 2003
?age I _' o, f __ 0
to state, "any development within the 100 year floodplain
fl
shall be required to comply with the flood plain regulations"; M
and add a condition that "the north end of the internal
roadway be reconfigured to eliminate the dead end street."
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the project.
APPLICANT/AGENCIES I Ed Engle with Stokes and Associates said he is satisfied with
the recommendations as amended and they can live with
them.
Charles Lapp, 3230 Columbia Falls Stage Road, said he and
his wife are the developers of this project and they are
available to answer questions. He said he bought the
property from Helen Kaeding. She couldn't split her farm
because she owned less than 160 acres so she and her
neighbors got together and got the zoning changed in this
area. Two years ago he offered to buy this land from her and
began the process of amendments and zoning changes. He
said they had a preliminary plat ready to send to the County
Planning Board but instead of pursuing a County
subdivision they were willing to bring City services out to
avoid private septic systems and to protect the aquifer. He
said the higher density was necessary to pay for bringing
City services out to the property.
He said in his buy -sell it clearly states that he was working
to develop this land as a residential subdivision. The north
south road was included in thought of future connection to a
future subdivision north but that may not be necessary at
this point since a house is going in to the north.
PUBLIC COMMENT Kenneth Van Allen of 537 Three Mile Drive said he
understands higher density closer to town is good
stewardship of the land. But he doesn't see it as congruent
with the rest of the area and based on development which
has not happened yet to the east. He said it was isolating
other property in the area and creating an island. He said
this is an incursion into an area that has been used
differently than what this subdivision proposes. He said Mr.
Lapp's intentions are not a point in fact. It is currently
agricultural land. The entire section is currently developed
in larger lots and divisions. This is a zoning incongruity. He
is concerned about the 13 of 59 lots reside within the flood
zone. It is a poor argument to assess the floodplain situation
I this spring because the valley has been in a drought for
several years. 1-le is concerned about the vision for the
pr
operty and the possibility of this subdivision devaluing his
pro Is
e e e=prcssed 1-is concern about 64 units grit h in
the 39 lots and the number of children that =rill impact the
-:_-,c1-ioois. A new subdivision favors the new residents -vi'th
K-alispell City Planning Board
Minuies of he meeting of April 8- 2003
Page 13 of -_ 0
existing property owners carrying a disproportionate burden
on the current residents when bond issues come up for
paying for the schools.
Dan Bly, lot 14 in Quarter Horse Estates, said his property
abuts the proposed subdivision and area to be annexed. He
said in previous discussions the board expressed concerns
about matching existing subdivisions in the area. These lots
are a 20th of the size of the existing lots currently in the area.
The number of people will impact traffic at the intersection
on Stillwater Road and Three Mile Drive. He felt the property
values will decrease for surrounding neighbors.
Marcia Sharp, 543 Three Mile Drive, owns 4.1 acres on Three
Mile Drive and 10 acres on Quarter Horse Lane. She said
there are large lots surrounding this new area and it will
change the demographics of the area. The Realtor may have
been aware of Mr. Lapp's intentions but the neighbors were
not. She opposes this development.
Steve Fetveit, 345 Three Mile Drive, owns 16 acres and has
animals on his property. He feels this is out of character
with the neighborhood. If you have to force density to pay for
sewer then perhaps it is being forced too hard. He is
concerned about the ground water issue. He has a water
rights issue regarding the small creek that goes through his
property and has seen free standing water in this area. He
wondered why swamps become neighborhood parks.
Janice Kienas, 535 Three Mile Drive did receive the certified
letter and said she has lost sleep ever since. She abuts the
property and has animals. She said what happens if she
wants to spread manure or someone wants to ride horses or
the rooster crows. She asked what happens next —will they
be in the line of complaints because they aren't part of a
quiet neighborhood? She said it is a stinky neighborhood
sometimes but that is the beauty of living in the country.
She wants serious consideration given to the water, traffic,
view and density issues. She has lived there for many years
and feels it is inappropriate placement for this time.
Kim Bly, 230 Stillwater Road, owns property butted up to
three lots and the park. She wondered if it would affect their
property. She asked if they could own horses. Her daughter
cannot 'go to 8th Grade in the Citv unless she pays tuition
and vet the area will be zoned as Citv. She was told the area
of the flood -Plain had held freestanding water in the past.
She was concerned about the traffic issues.
Lynn Trippins Quarter Horse Estates to the north and
has Y - -T)-o CLI n "Road.as traffic concerns about the entrance onto Stillwater
i
T4(- ;,91(i 'ne'his -12c1 'nis =ws c3ive :3crnss the floodmain and
Board
,,,Ainuies of ,he Meeuin,-, or _'Writ 8. '003
it will come up as high as the fourth rail on his fence. He
was concerned about creating the park in the floodplain
area. He said neighborhoods use 10 times more fertilizer
than farmers and it will all go into Spring Creek. He said he
has been a farmer all his life and he hates to see the loss of
farmland in this area and the Valley.
Greg Harris, 539 Three Mile Drive, said in 1996 there was
deep water in that floodplain area. He said Mr. Lapp said he
was part of the Kelly Road development and questioned the
quality of the homes the developer is going to build. He
asked the average cost of the lots and proposed homes. He
said he and his neighbors will seek legal action to stop this
development. He asked who will pay for the sewer to be
brought out to this subdivision. He said crime will increase
in this area just like it has south of town.
Michael Blend, 1069 West Meridian, is a local builder and
said he has friends on both sides of the issue. He said he
sympathizes with people's dislike of change. He feels this is
a natural progression for the City of Kalispell. He said his
clients are looking for land to build on. In Stillwater Estates
the size of the lots and type of lots dictated a $250,000-
$300,000 price range which is difficult for some people to
afford. He felt this subdivision might offer more affordable
housing. He said developers don't cause growth they just
respond to the demand. He said the developer extends the
sewer and it is a large expense. He feels responsible use of
the land dictates the smaller lots. He said he doesn't see a
correlation between lot size and crime. He said he can
understand the neighbors' concerns, it is analogous to
having his in-laws move in with him. He is against on -site
treatment systems and larger lots when the City services are
so close. He said agriculture and farming adds a lot of
nitrates into the ground as well. He encouraged the Board to
approve this project.
Ken Van Allen returned to address the issue of community
connectedness. He said the neighbors have an issue with
the lack of connectedness with the lifestyle they all have in
common. Interjecting the subdivision into this mix will
change that connectedness. He asked what Jean Johnson's
relationship to this project is and what services he provided.
Ed Weber, owns the lots that block the road north and said
he came to Kalispell to make this his home and thought it
would be their retirement home. They bought their home in
Quarter House Estates because of the surroundings. They
asked, before they bought the lot, about future development.
He said he found it interesting that in Mr. Johnson's
Eestimonv earlier this evening lie talked about the impact of
West View :,states on traffic use. He said the school impact
t staff iorol*ected.
s aireadv --reater than -wha
Kaiisoeil City Planning Board
Minutes of the meeting of.kprii 8, _2003
aae
Bob Beberg, 1324 Quarter Horse Lane, said 110 units in the
West View Estates would double the traffic impact on these
rural roads. One child per household would double the
impact on West Valley School.
Ed Weber, 190 1/2 Drake Drive, said if he had known in
advance that a subdivision of this magnitude would abut his
property he would not have bought this property.
Tamara Arlint, 555 Three Mile Drive, is opposed to this
development. She said Mrs. Kaeding, who sold her land to
Mr. Lapp, is very disappointed that this is how her property
is going to be developed. She said she can see the new
development flowing on West Reserve but on their road this
is leapfrogging. She said this area is not even annexed into
the City and should not be zoned R-2
Dan Anderson, 535 Three Mile Drive, said traffic has
increased dramatically in the area and he knows it will get
worse.
Mark Voelker, 1001 Quarter Horse Lane, said he is
concerned about the density and is opposed to anything over
one house per acre. He thought Mr. Lapp's proposal was
unprofessional. He feels Mr. Lapp wants to change the entire
infrastructure of the area and is using the planning board to
do it. He said higher density creates higher pollution of all
types. He said every time he does a buy/ sell he could state
that he wants to build a high rise building and ask the board
to approve it. He said crime does go up with density. He
said he would like to see a set vision of what Mr. Lapp plans
for the subdivision. He said the increased traffic would
create the need for a stop light at Three Mile Drive and
Stillwater Road. He said he disagreed with the builder who
wanted to support Mr. Lapp's development. He applauded
Mr. Lapp's concerns for the aquifer but did not like the way
Mr. Lapp used it as an opportunity to push forward his
proposal
Phil Blandford said he owns Mr. Lapp's "sacred corner" and
has concerns about the traffic and the location of the park
which is near his horse pasture. He said it is a floodplain,
there is water even this year during the drought. He said he
is strongly opposed to the higher density Mr. Lapp is
proposing
Kathleen Nicolitz from Quarter Horse Lane said the
motivation of the builder is financial. She said their concern
as neighbors is quality of living but not financial gain.
J 'i anicenas said she talked to 'Mrs. beating who sold the c 1�_
=d and her intention 7,vas to -divide the )r0T_IeIt77 into 1-0
Kaiiscell (':iv ')!annimi 3oara
Minutes of th.- meeting PH
?aye ; 0 ') f -_0
acre parcels. The county commissioners counter proposed
that she divide the land into 5 acre parcels because they
wanted a buffer zone between urban and rural land. She
agreed to sell 5 acre parcels in this area and sold one parcel
to the Search and Rescue. She requested that the board
honor the intention to keep the 5 acre buffer in place.
Hal Bauer, 541 Three Mile Drive said the only ones in
support of this development are those who will make huge
money on this project. He said before the Council decides on
this issue they need to come out and look at the property.
Charles Lapp said when he approached Mrs. Keating about
this property he made it clear what he intended to do. He
said she did make a stipulation that all of the homes needed
to be stick buildings. He said he did not twist Search and
Rescue's arm to sell their property. He clarified that the
development they have built on Kelly Road is commercial
property not residential. He also built Blue Jay subdivision
in Columbia Falls with 3 to 6 acres lots. He said he wished
these lots could be slightly bigger but the need to bring sewer
and water into the area dictates the size of the lots. He said
in the growth policy, the whole idea of planning was to have
larger pieces next to town as transition areas for future
development.
No one else wished to speak and the public hearing was
closed.
MOTION
Taylor moved that the proposal be postponed until the next
meeting April 29th. Wilson noted there are 6 agenda items on
the April 29th meeting already. There was no second and the
motion died.
MOTION
Atkinson moved and Norton seconded to adopt staff report
#KA-03-3 as findings of fact and recommend R-2 zoning for
Blue Heron Estates upon annexation.
P-rea ZA Im n Wstwizi mij
Atkinson actaressea tne puDiic ancL sauu in nizs -Lu yceuz, Uil
the city council he continually hears frustration from the
public about growth. He said it is not anyone's fault but
growth continues to happen. He said some of the concerns
have to do with impacts. He said State law does not allow
the board to access impact fees on developers for schools and
streets. He said the Board cannot help it if someone buys
the land and wants to develop it. Development is a result of
supply and demand and the board's hands are tied. He said
the board can say no but there are no grounds and it would
elicit d it a lawsuit. Growth is -inevitable in everyone's back
V 1 ards.
K-fisr)ell C;tvllanninz Board
Minuies of the meeunz of.-`pril 2003
Paue of --0
Atkinson asked and Wilson answered that the dead end on
the north end does not look like it will currently be extended.
He asked if the road could be turned to the west for potential
future growth but Wilson said it abuts a 5 acre lot and
wouldn't be a practical alternative.
Atkinson asked the size of Quarter Horse Estates and Wilson
said they were 5, 10 and 20 acre tracts and the subdivision
was built less than two years ago.
Hull asked and Wilson showed where the current City
boundary exists. Wilson said this is '/,, mile or more from the
City limits. Hull said the board is not the city council but
they are volunteers and the public can speak to the City
Council about this also.
Taylor said he heard comments about whether the statutory
criteria have been met on all aspects. He said it does meet
the growth policy but questioned whether it avoids undo
concentrations of people. He also questioned whether it
gives reasonable consideration to the character of the area.
He said the small lots are not in keeping with the R-2 zoning
on the east and the south. He said the third statutory issue
is whether it is the most optimum planning and use of this
land. He said he would respectfully submit that it is not. He
perceived it as small cookie cutter lots. He said where it is
situated it is out of character. He said it may be compatible
with the growth policy but not with the character of the area.
He feels it is too dense.
Atkinson asked and Wilson answered that Northview
Subdivision to the east is zoned R-3 which allows 7,000
square foot lots. She said it is more dense than this
proposal. The other subdivision proposed to come before the
board in June is proposed to be zoned R-3 and R-4 with the
same type of development. Atkinson said the City is moving
out and he thinks the whole area surrounding the
annexation request will expand soon.
Norton stated that the board listened to the public comments
and had a couple of questions. He asked Mr. Lapp the
proposed cost of the lots and future homes. Mr. Lapp said
they don't know the total engineering costs and sewer and
water. He said he initially hoped to sell the lots for about
$35,000 which would be a house of about $150,000. He said
right now Kalispell has a very limited supply of small lots.
Norton asked if Mr. Lapp had contacted the property owners
-vho want to develop_ to the east and he said he had been in
contact -with them to discuss sharing the cost of bringing
-'itv services to the area.
Norton said he agrees -with Atkinson hat a Ilot of the
discussion Has been "not'in my oacxvard and The boar-Cl has
Kafi,ped C',fv 2oard
,viinutes of mile meetingr or Aprfl ,,. __003
�Iaae !0' of"D
to do -what is best for the City. He said the board is following
the Kalispell Growth Policy for this area.
Hull said he could hear the concerns of the neighbors and
felt unsure how he wanted to vote.
Van Natta said the developer does take on the cost of the
utilities, not the City taxpayers. He said the school issues
will be addressed by the boundaries of the school district.
He agreed that this conforms with the growth policy
especially since the other property is coming forward to
propose a subdivision in June. He said he is inclined to
approve it.
ROLL CALL
The motion passed unanimously on a roll call vote.
MOTION
Atkinson moved and Norton seconded to adopt staff report
#KPP-03-2 as findings of fact and approve the preliminary
plat for Blue Heron Estates Subdivision subject to 20
conditions and amendments including 20 foot buffers,
elimination of item # 10, to add a reconfiguration of the
internal road on the north end to eliminate the dead end and
that any development in the floodplain must comply with
regulations.
BOARD DISCUSSION
Atkinson said he heard and listened to the audience and
appreciates their concerns.
ROLL CALL
The motion passed 4 and 1 on a roll call vote with Taylor
voting in opposition.
OLD BUSINESS
Wilson said the Board received a final draft of the Kalispell
Growth Policy which was adopted on February 18th by the
Kalispell City Council. She thanked the board for working
hard on the growth policy and thinks it is a good document.
NEW BUSINESS
Wilson said the planning office is going to schedule a public
hearing to adopt the Interim Kalispell Zoning Ordinance at
the special meeting. She suggested the planning board hold
a work session addressing some of the zoning issues
identified in the growth policy such as the sign ordinance
and highway corridor entrance standards.
Norton asked about having 9 members on the Planning
Board. Wilson answered that state statutes limit the City
1 planning board 7 members.
- - Ull 00-1LA - -.L1%-1.L.L1 1.i il G2 �-- --"Y .
Van Matta asked and PJ Sorenson answered that if a
s and they use Nvate�ritm'
'riomeowner is -,viThin the City limits
and/or se-�ver. �-he-,
1 7 get charged the full -rate. of they are
Kaiisneil Cluy "'anni.nQ Board
Minutes of 1 he ineetinu of ADril 3. -'003
Dalge 19 o -_0
BLUE HERON ESTATES SUBDIVISION PRELIMINARY PLAT
TRI-CITY PLANNING OFFICE
STAFF RE PORT #KPP-03-2
MARCH 31, 2003
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
a request for preliminary plat approval of a 59-lot residential subdivision on property
proposed for an initial zoning designation of R-2, Residential. A public hearing on
this proposal has been scheduled before the planning board for April 8, 2003 in the
Kalispell City Council Chambers. The planning board will forward a recommendation
to the city council for final action.
1RAcKGRoiTND* A petition to annex and request for initial zoning of R-2, a
Residential zoning designation, has been filed concurrently with this preliminary plat.
The property contains approximately 24.38 acres and is located on the northwest
comer of Three Mile Drive and Stillwater Road.
A. Petitioner and Owners:
Technical Assistance:
Charles and Michelle Lapp
3230 Columbia Falls Stage Rd.
Columbia Falls, MT 59912
(406) 257-6832
Paul J. Stokes &, Associates, Inc.
343 First Ave. West
Kalispell, MT 59901
(406) 755-8707
Brien Surveying, Inc.
P.O. Box 160
Somers, MT 59932
B. Nature of Application: This is a request for preliminary plat approval of a 59-lot
residential subdivision on approximately 24.38 acres in the northwest part of
Kalispell. This property is being proposed for annexation into the city of Kalispell
concurrently with the preliminary plat and given a zoning designation of R-2, a
Residential zone that is intended primarily for single-family homes. The
subdivision would be developed in three phases over a period of time up to nine
years. Phase I would include the extension of the primary north and south
roadway from Three Mile Drive to the north and would have 25 lots. Phase 2
would be developed to the west and have 21 lots. The remaining 13 lots to the
east would be developed as part of Phase 3 along with the permanent construction
of the secondary roadway that will connect to Stillwater Drive. It is anticipated
that a secondary emergency access road would be developed as part of Phase 1
that connects to Stillwater Drive. Utilities would be extended from Two Mile Drive
approximately one -quarter mile to the east.
C. Location and Legal Description of Property: The property proposed for
subdivision lies at the northwest corner of Three Mile Drive and Stillwater Road or
approximately one mile from its intersection with North Meridian Road. The
property can be described as Lot 1 of Subdivision No. 204 and an approximately
2.5 acre portion of Lot 1 of Vogler Subdivision located in Section 2, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana.
1
Total Area:
Total Lot Area in Lots:
Area in Roads:
Park Area:
Minimum Lot Size:
Maximum Lot Size:
24.38 acres
15.58 acres
4.97 acres
3.83
9,600 square feet
15,246 square feet
E. Existing Land Use: This property is currently in agricultural and is otherwise
undeveloped.
F. Adjacent Land Uses and Zoning: The area is characterized by single-family and
rural residential development in the area.
North: Rural residential with single-family homes, County SAG-5 zoning
East: Rural residential and urban residential development, County R-2
zoning
South: Large tract residential; County R-2 zoning.
West: Large tract SFR; County AG-80 / West Valley Overlay zoning.
G. General Land Use Character: The general land use character of the area is
developed at an urban density further to the cast where City services are available
and is rural residential and agricultural in character to the west. There are some
large parcels in the area that have good development potential once City services
are extended to the area.
H. Zoning: This property is being annexed concurrently with review of the
preliminary plat and the developers are requesting an assignment of R-2, a
Residential zoning district that is intended primarily for single-family homes. This
district has a minimum lot size requirement of 9,600 square feet and a minimum
lot width of 70 feet.
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 Coop (underground)
Telephone:
CenturyTel (underground)
Fire:
City of Kalispell
Schools:
West Valley School District, School District 1
Police:
City of Kalispell
This matter came before the site development review committee on March 20, 2003
and March 27, 2003. At those meetings, there were some concerns about the
additional impacts of traffic onto Three Mile Drive and the future increased use to
Stillwater Road. The committee agreed that these were issues that have been
97
applicable to all subdivisions in the area and that the State would someday have to
upgrade Three Mile Drive. There was some concern about the designation of" lots
within the floodplain areas. The developers will need to do a detailed study of the
floodplain in the area and delineate them on the plat or else remove the property from
the floodplain as was discussed with the developer. The public works department and
fire department will work with the developer regarding the roadway widths and
necessary improvements at the time the roadway and utilities are designed and will
need to comply with City standards. A lift station has been indicated in the right-of-
way which is not permitted. There was discussion regarding the designated park
areas and the need to include some recreational amenities in the park such as play
equipment and irrigation. The park areas are in the floodplain and provide a good
amenity if they were to be developed for use.
REVIEW ANnFTNnTNGR 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:
Fj=: This subdivision would be in the service area of the Kalispell Fire
Department. The property can be considered to be a 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
Uniform Fire Code and the 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 fire access to the site being
developed. There was some concern by the fire department and public works
department that the waterline may need to be looped during the first phase in
order to gain adequate water pressure to meet the needed fire flows for the
hydrants.
FloDiding: According to FIRM Panel #1805D dated 9/30/92 there are some
areas of the 100 year floodplain within the site that have also been indicated on
the preliminary plat. These floodplain areas are in a non -detailed study area
and base flood elevations are not available. Therefore the developer should do
a detailed study of the area to identify the 100 year floodplain elevations or, as
was previously discussed, show that the property has been removed from the
100 year floodplain by FEMA and having gone through the review process.
Additionally, lots that are indicated to be partially located in the 100 year
floodplain should have a minimum 40 by 40 foot building pad indicated on the
lot that comply with the zoning setbacks of the R-2 zone. Specifically those
that are partially in the floodplain are Lots 36, 27 and 38.
Ac=.aa: Access to the subdivision would be from a new roadway that will
access onto Three Mile Drive and the road will be extended to the north
approximately 900 feet. This road is indicated as a dead-end street and should
terminate in an approved fire access turnaround or cul-de-sac. It is
questionable whether or not this roadway will need to be extended at some
point in the future or whether or not it should terminate in a cul-de-sac at the
northern portion of the site. Additionally a looped road will be developed to the
3
west to accommodate Phase 2 and a secondary access road will be developed to
the east that will access onto Stillwater Road as part of Phase 3. At the time
Phase 1 is developed, an emergency access road may be required to be
developed to the east that can be used in the case of an emergency as part of
compliance with the Uniform 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. An additional point regarding the
roads is there is an approximately 250 foot area on the east / west roadway
that is indicated to be in the 100 year floodplain. A floodplain development
permit will be required to develop the roadway in this area or the property will
need to be removed from the floodplain as required by FEMA standards.
There is lack of pedestrian access along Stillwater Road and Three Mile Drive
which should be addressed even on an incremental basis. Staff would
recommend that a pedestrian access along these roadways be coordinated with
the public works department, parks and recreation department and Flathead
County. They should include an approximately 25 foot buffer that incorporates
a bike and pedestrian trail and buffering in the form of a landscape berm, sight
obscuring fencing and or landscaping.
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:
Surf LCe_and _grQjjudw,-jter: 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. The 100 year floodplain area on the property is
part of the Spring Creek drainage but is typically dry. Any potential impacts to
Spring Creek from this subdivision would be insignificant in nature.
Drainagee: 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
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. There is an area of 100 year floodplain that is
designated as a park area that can assist in providing adequate drainage on the
site in addition to other stormwater management techniques. 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:
Wait- : Water service to the subdivision would be provided by the City of
Kalispell and extended from a water main that lies to the east of this
subdivision along Three Mile Drive. The water main would be extended from its
current location within the public right-of-way to the site and should not
require any easements through private property. The water main would be
extended through the subdivision serving each of the phases as they develop
0
and eventually be extended further to the west along Three Mile Drive and
connected. 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 water system for the subdivision will be reviewed and approved by
the Kalispell Public Works Department and the Kalispell Fire Department as
part of the development of the subdivision and it 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 within Three Mile Drive
right-of-way. 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: Traffic projections for this subdivision are estimated to be
approximately 500 additional vehicle trips per day based on the estimate of 10
vehicle trips per residence per day in the area onto Three Mile Drive. The
subdivision roads will be constructed to City standards and would include
curb, gutter, sidewalks and landscape boulevards within the subdivision. The
internal subdivision roads will access onto Stillwater Road as well as Three
Mile Drive. This connection between the property that lies to the north and
this subdivision may not be practical and perhaps should be terminated with a
cul-de-sac rather than a road extension. At a minimum a fire approved access
and turnaround will need to be provided at this terminus. Once the roads have
been constructed and accepted by the City of Kalispell, they will be dedicated
to the City and maintained.
There will be impacts to Three Mile Drive as a result of this subdivision and
Stillwater Road to the east. Three Mile Drive is a paved, two lane State
secondary roadway that is in fair condition. In 1997 the daily average vehicle
trips east of Stillwater Road was 3,064. There will be a moderate increase in
traffic on Three Mile Drive with the commensurate impacts. At some point,
consideration will need to be given to the upgrading and widening of Three Mile
Drive as development continues to occur in the area. Typically this would be
the responsibility of the State with regard to design, funding and construction.
Stillwater Road is a County road that will continue to be increasingly
importation as a through connection as development in this area continues,
particularly if a new high school is built to the north of this property on the
State school section property.
SLhD_Q1,s: This development is within the boundaries of the West Valley School
District. The district obtained a bond several years ago to complete an addition
on the school. That space is now nearly fully occupied. The district has no
objections to the subdivision and will accommodate any new students into the
district. It can be anticipated that approximately 30 additional school age
children may be generated from this subdivision at full build out. This would
have a potentially moderate impact on the district, particularly on a cumulative
level with other development pending within the district - both urban and
rural.
I
S'2a�: 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
environmental assessment states that the developer would like to utilize the
park areas indicated on the plat to satisfy this requirement. With
approximately 20 acres of the property in lots, parkland requirements would be
2.2 acres. Approximately 3.83 acres of the property that lies in the 100 year
floodplain which is not suitable for development is designated as a park area
and would be owned and maintained by the homeowners. This designation is
acceptable under the subdivision regulations, but some type of a provision
needs to be made to provide some amenities to the site such as irrigation, play
equipment and pedestrian access. Additionally, some type of maintenance
agreement needs to be in place for the maintenance of the park area that can
be incorporated into the covenants on the property or as a stand alone
agreement.
phi.=: This subdivision would be in the jurisdiction of the City of Kalispell
Police Department. The department can adequately provide service to this
subdivision, however the cumulative impacts of growth within the city further
strains the departments ability to continue to provide the high level of service
the department is committed to.
Fire am e ion: Fire protection services will be provided by the Kalispell Fire
Department, and the subdivision will need to meet the requirements of the
Uniform 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 and the hydrants
are in place prior to final plat approval and / or use of combustible materials in
construction.
Solid Waste: Solid waste will be handled by the City of Kalispell and taken to
the Flathead County Landfill. There is sufficient capacity within the landfill to
accommodate this additional solid waste generated from this subdivision.
Medical Servi .es: Ambulance service is available from the fire department and
ALERT helicopter service. Kalispell Regional Hospital 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, but is more efficiently and
effectively used for urban residential development. Its location within the
planning jurisdiction and its proximity to urban services makes this property
prime for the type of development being proposed. 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
X
public facilities. This land use designation anticipates a density of two to 12
dwelling unit per acre and the requested R-2, a single-family residential
district. The overall density of the site can be calculated to be at a density of
approximately 2.5 dwelling units per acre, and this subdivision would be in
compliance with the Kalispell Growth Policy and its goals and policies.
G. Compliance with Zoning: This property has been proposed to be zoned R-2, a
Residential district that is intended for single-family residential development
and has a minimum lot size requirement of 9,600 square feet and a minimum
lot width of 70 feet. It appears that some of the lots may not meet the
minimum lot size and width requirements by a slim margin. However, with
some slight modifications to the location of the property boundaries all of the
lots within the subdivision will be able to comply with the minimum lot size
and minimum lot width requirements of the R-2 zoning district.
H. Compliance with the Kalispell Subdivision Regulations: This subdivision
complies with the Kalispell Subdivision Regulations and no variances have
been requested.
Staff recommends that the Kalispell City Planning Board adopt staff report #KPP-03-2
as findings of fact and recommend to the Kalispell City Council that the preliminary
plat be approved subject to the following conditions:
1. Development of the subdivision shall be platted in substantial compliance with
the approved preliminary plat 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
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 Reserve Drive and certifying that any necessary improvements have
been made.
8. That the developer obtain a letter from the Flathead County Road Department
approving the intersection of Stillwater Road and the new internal subdivision
road and shall include a post construction inspection that certifies any necessary
improvements have been made.
9. That a minimum 25-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, sight obscuring
fencing and or landscaping. These improvements to be coordinated with the
Public Works Department, Parks and Recreation Department and Flathead
County.
10. Within the 25-foot buffer strip, a 10-foot right-of-way reservation along Three
Mile Drive is indicated on the final plat for the future expansion of that road.
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 2.2 acres. The park areas as indicated on the plat will meet
that requirement provided some recreational amenities are provided to the site
such as play equipment and irrigation. Additionally, a maintenance agreement
for the park areas shall be included with the final plat.
14. Street lighting shall be located within the subdivision and shall be shielded so
that it does not intrude unnecessarily onto adjoining properties.
15. That the lots within the subdivision be reconfigured so that all lots meet the
minimum 70-foot lot width requirements of the R-2 zoning district and the
minimum lot size requirements of 9,600 square feet exclusive of any easements.
16. A detailed study of the floodplain areas shall be performed to establish the base
flood elevations or provide documentation that the property has been removed
from the 100 year floodplain by FEMA, having gone through the review process
and approval process.
17. Lots that are indicated to be partially located in the 100 year floodplain should
have a minimum 40 by 40 foot building pad indicated on the lot that comply with
the zoning setbacks of the R-2 zone. Specifically those that are partially in the
floodplain are lots 36, 27 and 38.
113
18. 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 addition three-year extension shall be
automatically granted for subsequent phases.
19. All areas disturbed during development of the subdivision shall be re -vegetated
with a weed -free mix immediately after development.
20. That preliminary approval shall be valid for a period of three years from the date
of approval.
M
January 30, 2003
Narda Wilson
Tri-City Planning Office
17 Second St. East, Suite 211
Kalispell, Montana 59901
RE: Blue Herron Estates — Major Subdivision
SE 1/4 See. 2, T.28 N., R_' 22 W., P.M.,M.,
Flathead County, Montana
Dear Narda;
343 First Avenue West
Kalispell, MT 59901
Telephone (406) 755-8707
FAX (406) 755-2613
t II
Please find enclosed our clients check #1010 in the amount of $2075.00. Said check
represents the applicable review fees for the above -mentioned project. Our client is
petitioning for annexation and initial zoning and applying for subdivision approval for the
above -mentioned property. It is located near the northwest intersection of Three Mile
Drive and Stillwater Road, and encompasses 24.38 8 acres. The applicant intends to apply
for City of Kalispell sewer and water service.
If you have any questions please feel free to contact our office.
Very Truly Yours,
PAUL J. STOKES & ASSOCIATES, INC.
BY:
Ed Engel, RE
Project Engineer
0: Charles Lapp
file
APPLICATION FOR MAJOR SUBDIVISION PRELIMINARY PLAT APPROVAL
This application shall be submitted, along with all information require by the app cable
Subdivision Regulations and the Montana Subdivision and Platting Act, an I the appropriate
fee to:
Tri-City Planning Office, 17 Second St East, Suite 211
VKAisvell. Montana 59901 Phone: (406)751-1850 Fax: (406)751-1858
UT-4���
Major Subdivision (6 or more lots) $600 + $25/lot
Condominiums (6 or more units) $600 + $25/unit
Mobile Home Parks & Campgrounds (6 or more spaces) $600 + $25/space
Amended Preliminary Plat $200
Subdivision Variance $ 100 (per variance)
Commercial and Industrial Subdivision Add $200 to base
preliminary plat fee
Pre -Application Meeting (Major and Commercial) $50
SU13DIVISION NAME: Blue Herron Estates
=WAZFMUXR• *
Name- Charles & Michelle La Phone—(406)257-6832—
Mailing Address 3230 Columbia Falls Stage Road
City Columbia Falls State MT _Zip 59912
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
Name & Address
Name & Address
[if 5r7y"I ON JIIe) MUM
City/County I�alis ell Flathead Coun
Street Address Three Mile Drive
Assessor's Tract No(s) Vogler Subdiv. #2 & Subdiv. #2 Lot(s) 2
1/4 Sec _-�5E— Section 2 Township _-28N. Range 22W.
GENERAL DESCRIPTION OF SUBDIVISION: Residential Major Subdivision —
Number of Lots or Rental Spaces
59
Total Acreage in Subdivision
24.38
Total Acreage in Lots __15.58
Minimum Size of Lots or Spaces
0.22
Total Acreage in Streets or Roads_
4.97
Maximum Size of Lots or Spaces
0.38
Total Acreage in Parks, Open Spaces and/or Common Areas
Single Family, 54 Townhouse - Mobile Home Park
Duplex 5 Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other
Roads: _Gravel 2✓_Paved
-/ Curb --2LGutter
✓ Sidewalks ----.Alleys
Other
Water System:
Individual
Multagle User
�Neighborhood _V' Public.--.
Other
Sewer System:
Individual
Multiple User
�Neighborhood -2✓—Public
Other
Other Utilities:
/ Cable TV
Telephone V
Electric . . .... �Gas
Other
Solid Waste:
Home Pick Up
Central Storage
/ Contract Hauler Owner Haul
Mail Delivery:
V Central
Individual _ School District: Kalispell #5
Fire Protection:
-' Hydrants
Tanker Recharge
Fire District: Kalispell ---
Drainage System: On -site retention
PROPOSED EROSION/ SEDIMENTATION CONTROL: The developer will employ "Best
Manag . tement Practices" as described in the "Montana Sediment. and Erosion Control Manual"
VARIANCES: ARE ANy VARIANCES REQUESTED? no_(yes/no) if yes,
please complete the information below:
SECTION/REGULATION OF REGULATIONS CREATING HARDSHIP:
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW:
K
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 costs?
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?.
5. What other conditions are unique to this property that create the need for a
variance?
The subdivider shall submit a complete application addressing items below to the Tri-
City Planning Office at least tliiM7 (30) days prior to the date of the meeting at which
it will be heard.
1. 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# See-Twn-Rng Lot/Tract No Property Ovmer & MgpjAg 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 developme race
C)3 -30
As approved 1)), the TCPB on 12/19/01
Effective 1/1/02
4
(Date)
BLUE HERRON ESTATES
g_L,JZMELA, C jj-
M*NTANT A
The proposed Subdivision is located in Lot 2 of VoglerSubdivision
Subdivi i on No 2 , the Amended
Plat of Vogler Subdivision and Subdivision No. 204, SE 1/4, SE 1/4, SEC. 2, T. 28-NT.,
R.22W., P.M.,M., Flathead County, Montana 1.
1. GEOLOGY
A. The proposed subdivision is located in a relatively safe geological area. The
site is primarily agricultural with slopes of less than 8%. Soils are primarily
medium to fine silty sand. The USDA has classified the soil in the area as
mostly Kalipell-Tuffit silt loams and Kalispell.
B. No rock outcroppings have been encountered on the site. There are no
known conditions that would require immediate measures to prevent or
reduce the danger of property damage or personal injury.
A. There is a natural swale going through the site from north to south that is
shown as an intermittent stream that is shown as an intermittent stream on the
USGS maps.
B. The site has an irrigation system fed by a groundwater collecting cistern that is
3 feet in diameter and less than 20 feet deep.
B. FEMA identifies the swale as part of a 100-year flood plain with non -
determined flood elevation.
A. The proposed subdivision is primarily grassland. There is a sparse growth of
deciduous trees and shrubs in the swale near the south end of the site.
B. On -site vegetation will be removed. The existing vegetation is inconsistent
with residential use. Natural vegetation and landscaping will replace the
native vegetation as required by the development of each lot-
C. All roads will be constructed to the City of Kalispell design standards.
Excavated areas will be landscaped or revegetated with native grasses,
Z�
Blue Herron Estates Page] of
Environmental Assessment
I
designed to encourage the regeneration of ground cover. It isnot anticipated
that any predominant areas of vegetation will require protection.
IV, -WILDLIFE
A- The property is void of suitable water ways to support fish. The intermittent
stream may possibly host small numbers of migratory waterfowl during those
short periods when there is water present.
C. The proposed site is occasionally frequented by big game animals; however
there are no known areas of specific winter game range. There are no known
endangered species on the site.
C. The intent of the subdivision is to encourage the continued use of the current
ecosystem with the use of extensive open space. There are no plans to erect
any game fences, or degrade habitat. The proposed park lands will augment
wildlife habitat.
A. The total acreage of the proposed site consists of 24.38 acres of Barley crops
and native grasses. Soils are primarily medium to fine silty sand. The USDA
has classified the soil in the area as mostly Kalipell-Tuffit silt loams and
Kalispell.
B. The site has been agricultural for at least 10 years.
C. The area surrounding the site has historically been agricultural, however,
residential development has approached the site on the east from Kalispell
and recently approved residential development on the north is under
construction.
D. The proposed development will not conflict with the adjacent agricultural use.
F. There have been no timber management recommendations suggested or
implemented by the U.S.D.A Division of Forestry in the area of the proposal.
VI, HISTORICAL, ARCHAEOLOGICAL OR CULTURAL FEATURES
A. There are no known historical, archaeological, or cultural features associated
with the land. Should any be discovered during any construction, work in that
area will be suspended until the site can be properly evaluated.
Blue Herron Estates Page 2 of 8
Environmental Assessment
XTIL SEWAGE TREATMENT
A. N.A.
B. Public sewage treatment system.
L The average number of gallons of sewage generated for all proposed
lots per daywill be -2.4,1)
,400 gallons when the subdivision is fully
developed and assuming full occupancy.
2. Proposed public system.
a. The developer intends to connect to the City of Kalispell sewer
system either at Three Mile Drive and Northern Lights Boulevard, at
the proposed Northwest View Estates or at whatever location is
directed by the City of Kalispell Public Works Department.
b. Discussions with the City of Kalispell indicates that capacity is
available. Analysis will be made on the City's sewer flow model to
confirm the availability of capacity. The proposed connection to the
City system is 0.6 to 0.9 miles to the east of the site.
c. The letter from the Kalispell Public Works Department is enclosed.
Proposed community system
a. Copy of the Plat is attached.
I b. N.A.
C. Depth to ground water has been determined to be in excess of 7'.
Bedrock has been determined to be greater than 8. This
determination is based on the test holes excavated on the site
where ground water monitoring indicated a depth over 7' and no
bedrock was encountered.
d. The developer will bear the costs of installation. A Sewer
Association will be formed and will bear the cost of the operation
and maintenance of the system.
A. NA
Blue Herron Estates Page 3 of 8
EnIiironmental Assessment
B, The proposed lots will utilize a public water system.
Estimated number of gallons per day, required for all lots at full capacity
when fully developed is 16,000 gallons.
2. NA.
I 1, a. Existing wells in the area produce indica
te that wells on the
proposed site will produce more than adequate quantity and quality.
b. Wells will be drilled and the services constructed by the
developer. A Water Association will be formed and will bear the
cost of the operation and maintenance of the system.
C. Location of the proposed water wells are identified on the
preliminary plat.
A. Solid waste will be the responsibility of the individual lot owner until the
development has enough full time residents to warrant contractor hauling.
C. Solid waste will be hauled to the Flathead County Landfill.
A. Street and Roads.
1. Because of the topography and soils permeability, much of the runoff
will dissipate naturally. Runoff from hard surfaces and the roadway will
be collected and transported to on -site storage facilities. A formal
drainage plan will be formulated and submitted prior to final plat
approval.
I The roads will be paved with asphalt as required.
3. Culverts will be utilized for any necessary crossing of the drainage
swales.
B. Other Areas.
I . Runoff will be collected and contained onsite.
Blue Herron Estates Page 4 of 8
Environmental Assessment
Stour, runoff from lots will be channeled, to onsite stormwater retention
areas located in the open areas.
I utilizing "Best
Sedimentation and erosion control will be accomplished
Management Practices" as described in the Montana "Erosion Control
Manual".
4. The plat is enclosed.
A. Traffic generated by the development will be approximately 640 trips per day.
1. All existing and new roads with in the subdivision will be constructed to
City of Kalispell standards. Access will be off Three Mile Drive and
Stillwater Road which are capable of accommodating the additional
traffic.
2. The proposed subdivision should not require any additional road
maintenance.
B. The Developers will bear the cost of installing all roads within the proposed
subdivision. The City will be responsible for maintenance of the roads.
C. The soil characteristics are conducive to proper road construction. Bank cuts
will be minimal and all disturbed areas will be recontoured and seeded.
D. Access to the individual lots is provided by means of a road inside the
subdivision.
E. Year-round access to all lots via conventional automobile will be provided.
The City will be responsible for snow removal.
F. No access over private property is planned.
WNW
A. Emergency services for the Subdivision are available as follows:
1. Fire protection.
a. The
he proposed subdivisionwill be under the jurisdiction of
Blue Herron Estates Page -5 qf8
Environmental Assessinent
the Kalispell Fire Department.
2. Police protection will be provided by the Kalispell Police Department.
1. Ambulance service will be provided by the City of Kalispell and the
Alert helecopter.
4). Medical service is available at Kalispell Regional Hospital.
B. The subdivision should not require any additional personnel or facilities for
emergency services.
A. The subdivision will be served by Kalispell School District 5-
B. Based on the 2002 Census, the average household is about 2.5 per household
and therefore, it is estimated that each house will contribute 0.5 students each
or I " 0 students total.
A. The subject site is void of any structures. The assessment classification is
agriculture and the assessed value $13,83 1,
B. The estimated assessed valuation of all structures at 25% occupancy is
$2,124,000 and the estimated year of 25% occupancy is 2006 and $7,965,000
at 90% occupancy and the estimated year of 90% occupancy is 2011
C. The sewer system will be owned by the City of Kalispell. The water system
will be owned by the homeowners. Solid waste fees would be through tax
assessment and bimonthly billing.
RQNWI��
A. Historic use of the site has been agriculture.
B. Annexation to the City of Kalispell and R-4 zoning is proposed.
The adjacent properties are primarily mixed residential and agricultural
proposed development will not affect access to any adjoining land.
D. There are no known health or safety hazards on or near the subdivision.
Blue Herron Estates Page 6 of 8
Environmental Assessment
E. There will not be any nuisances created by the s!Yt)d1visior_-L other than
temporary road construction activities.
XWI, PARKS AND RECREATION FACILITIES
A, The Developers have incorporated areas for parks throughout the site.
The total acreage of these parks is approximately .33,831 acres.
B. The City of Kalispell operates a major sports complex on Four Mile
Drive less than 1.5 miles from the site. There is another major City
park on Liberty Street less than a mile from the site. There are several
city recreation facilities within 3 miles of the site.
C. Parkland requirements have been satisfied with the proposed park,
common area and open space.
A. All utilities in the proposed subdivision will be placed under ground and
provided by:
Electricity: Flathead Electric Co-op, Inc.
2510 Highway 2 East
Kalispell, Montana
Telephone Centurytel
290 North Main
Kalispell, Montana
Cable TV AT&T Broadband
333 1 st Ave. E.
Kalispell, MT 59901
B. Copies of the Preliminary Plat have been submitted to the affected utilities for
review.
C. The three utilities to be installed will use the same trench, therefore the
installation va, be concurrent. Completion dates are prqJJected for the late fall
of 2005 for Phase I and three-year intervals thereafter.
Blue Herron Estates Page 7 of 8
Etwironmental Assessment
XI-NIJIT. PI-LASTNG PLAN
A. The proposed preliminary plat reflects three phases.
Time frame for the development is as follows:
a. PHASE pRojEC'IPED COMPLETION DATE
Phase I Fall 2005
Phase 2 Fall 2008
Phase 3 Fall 2011
8
Blue Herron Estates Page 8 of
Enj,,jronmental Assessment
LETTER OF REQUEST
On this they day of -2 c—� l'�%dg1'.inrN ,being an officer and representing Flathead
Valley Search & Rescue, the owner of record of real property legally described as the Vogler Subdivision in Section
2-Township 28N-Range 22W, Flathead County, Montana., have entered into a Buy -Sell Agreement on 2.5 acres of
our total 5 acres, and do hereby request an exemption for the minimum lot size requirement. Flathead Search &
Rescue has built a facility station on the remaining two and one half acres of this property, and do not require the
subject tract for current or future projects. We are a organization that assists local emergency services in response
and rescue to natural and man made emergencies. We feet we qualify for the exemption under Flathead County
zoning regulations, Section 3.03,020, Paragraph 8. Any further questions may be directed to Charles Lapp, purchaser,
at 3230 CF Stage, Col. F t., 892-57
Signed:
?ia'thead SearcRescue
STATE OF MONTANA
ss.
County of Flathead )
O�
On this the C2 day of c;..._t_2062, before me the undersigned, a Notary Public for the State of Montana,
personally appeared iMAKk jr(ati i; i - known to me to be the person(s) whose names(s) is (are subscribed to
the foregoing instrument, and acknowledged to me that he executed the same.
In witness whereof, I have set my hand and affixed my Notarial Seal the day and year first written above.
-LUJ(n
Notary Publi for the State of Montana
Residing at K -Q§,,,,AJ
My Commission expires on---IL:L: `1-ok
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity*centurvtel-net
[ATA M J, Ut .
TO: Kalispell City Staff and Other Interested Parties
FROM: Narda A. Wilson, Senior Planner
RE: April 8, 3003 - Kalispell City Planning Board Regular Meeting
Heron Estates Annexation and Preliminary Plat
DATE: March 19, 2003
Attached with this memo is information relating to items that will go before the
planning board on the above referenced date. You will note that three of the four
items were continued from the August meeting because of various unresolved issues.
1. A request by Charles and Michelle Lapp for an initial zoning designation of R-2,
Residential, upon annexation to the city of Kalispell on approximately 24.4 acres
of property located at the northwest corner of Stillwater Road and Three Mile
Drive. The R-2 zoning district is a residential zone that is intended primarily for
single family homes with a 9,6000 square foot minimum lot size requirement.
Currently the property is located in the county and is zoned R-2, a Suburban
Residential zoning district, and SAG-5, a Suburban Agricultural zoning district.
2. A request by Charles and Michelle Lapp for preliminary plat approval of Blue
Heron Estates, a 59 lot residential subdivision on the northwest comer of Three
Mile Drive and Stillwater Road. All of the lots in the subdivision would be served
by public sewer and water and would be developed in accordance with City of
Kalispell standards. The preliminary plat is being submitted in conjunction with
the annexation of the property and designation of initial zoning.
These items will go before the Site Development Review Committee in the Kalispell
Building Department on the following dates:
March 20, 2003 - Initial comments
March 27, 2003 - Review Comments
Providing Community Planning Assistance To:
- City of Kalispell - City of Columbia Falls - City of Whitefish •
Referrals KPB 41/ 8// 03 mtg
March 19, 2003
Page 2
Final Comments By:
0 March 31, 2003 so that they can be incorporated into the staff report.
These matters will go before the Kalispell City Planning Board on April 8, 2003 for
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 March
331, 2003 so that they can be incorporated into the staff report to the planning board.
You can reach me at 751-1852.
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: Jim Stewart, Fire Dept.
Mike Baker, Parks and Rec
Chris Kukulski, City Manager
Pi. Sorenson, Zoning Administrator
Roger Kraus, Police Dept.
Dick Amerman, City Engineer
Frank Castle, Civil Engineer
Jim Hansz, Director Public Works
Sandy Wheeler, Community Redevelopment
Susan Moyer, Community Development Director
Craig Kerzman, Chief Building Inspector
Charles Harball, City Attorney
Steve Herzon, MDOT
Charlie Johnson, Co. Rd. Superintendent
Applicant / Owner
H: \ ... \AGREF\ KALISPELL\KPB48REF2. DOC
0
Kalispell Fire/Ambulance Dept. .001
312 1 s'Ave East -P.O. Box 1997 Telephone 406-758-7763
Kalispell, MT 59903 -1997 Fax 406-758-7952
TO: NARDA A. WILSON, SENIOR PLANNER
FROM: JIM STEWART, FIRE MARSHAL
D. MARCH 28,2003
SUBJECT: ANN EXATION/PRELIMI NARY PLAT— HERON ESTATES
We have reviewed the information submitted on the above -referenced project and have the
following comments.
1. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
Uniform Fire Code (1997) Appendix Ill -A. Single-family homes in excess of 3600
square feet shall be provided with a minimum fire flow of 1500 gpm or more,
dependent on square footage and type construction.
2. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
3. Street designs shall provide for a minimum clear width of 20' for emergency vehicle
access. No Parking signage shall be provided as necessary to maintain width.
4. Approved emergency vehicle turnarounds shall be provided at dead-end access
roads that exceed 150' in length. This requirement will also need to be addressed
during project phasing.
5. Street names shall be approved by this department.
Please contact me if you have any questions. I can be reached at 758-7763.
"Assisting The Community In Reducing And Preventing Emergencies"
The Daily -inter Lake, ' de,.Merch2:,20D3-_El
mem. All of the mts m
--
No. 6740
the subdivision would
NOTICE OF PUBLIC
be served by public
sew--rnnej water and
HEARING
xAuSpEu CITY
would b be developed i
PLANNING BOARD
accordance with ~'y of
AND zOm|wG COM-
Kalispell standards. The
preliminary~^^p~' is being
MISSION
The `~°~~' | meeting of
,r
' uubm�vumoo�un�mn
meua|ispeUCxyP|an'
^' with the annexation of
` the property
n|ng Board and Zoning
oommiaoion is aoxeu'
'�
- nation~of initial^^~^~'~
~~~ '~' Tuesday,scribed
"=property ��'"=��
as of
~' ^~~~ beginning^^ ~^
Assessor's Tract 5+k+
'~~pM^ in the '^~~~~^
oaue� in Section 25
CnyCounci/Chammam
� '
Township cn North,
Ka�op~�C,'Hall,31�
Range 22 Vveu�
n �eE Ka-
will hold a public
ty, Montana, (A rehear
Ing on this project is re-
hearing and take public
comments on the follow-
quired under the recent -
ing agenda item. The
adoptedboard
I Kalispell
�~���^^
Policy.)
board will make a mo
~~^^''
3 A request by
�v�
vmmenuanon�m�
Charles and Michelle
' UmpoU City Council who
Lapp for an initial zoning
will take final action.
designation of R-2, Res-
1A L�OU
'uenua/ upon annaxe
---Partnership'
—�
,'"" 8on »n the citycd K�k+
peUonapproximately
tion upon annexationm
24.4 acres of property
the city of Kalispell on
located authe northwest
/^ m� am|y 58 acres
Stillwater
ofapproximately
property located at
Mile
the northeast corner of
u*Wr&.,Tno n-2 zoning
Stillwater Road and
district is a residential
Yvoot Reserve Drive.
zone that imintended
The proposal would
primarily for o/ngm-fom+
' designate approximately
|yhomes with a9.8nO
^a aumo as R'3. Reoi-
square foot minimum |m
� dendm|, o single-family
size requirement. Cur -
residential d/mnm, and
rently the property is k,
pproximately 10 acres
cated in the county and
R/+ Low
'� Subu+
�Residential Apartment
ban Residential, zoning
^~^^'y~'~^~^^pre-
-. -istrict —-----`-
�
�' Suburban hcuk nd
- as described below is
zoning district. ~ pre -
being
liminary plat containing
with the annexation and.�
be -
zoning request. The^
low is being filed con -
property proposed for
currently with the an -
annexation and zoning
�'^nexation and zoning re -
can be described as o
can
rtionofAeoeosor'o
be described as Lot 1 of
Tract s+louateU in Sec-
` Subdivision 204 and an
` tion 25 Township oe
approximately 25 acre
North, Range 22 West,
portion of Vogler Subdi-
P.M.M., Flathead Coun-
vision located in -Section
�o <A he
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2 Towna�pu8mo�h.
ing on this project is re-
�an e 22 vv*ot
quired under the recent-
P.M.M., Flathead Coun-
ly adopted Kalispell
ty, Montana.
Growth Policy.)
A. A request by
2. A request Owl Cor-
Charles and Michelle
ration for
Lapp for preliminary plat
plat approval of West
approval of Blue Heron
View Estates, a12Olot
Estates, aa9lot mai-
aubdwwionlocated on
gentia| subdivision on
the northeast corner of
the northwest corner of
SUUwotn, Road and
Three Mile Drive and
West Reserve Drive.
Stillwater Road. All o,
This plat would create
the lots mthe subd*+
127 |cuu intended ^nr
uionwould ueserved by
single-family residential
public sewer and water
development on uppmx
and would b developed
imato|y 48 acres and
inaccordance with City
one 10acre lot mtenunci
of Kalispell stondarus.
for multi-ramor and
The preliminary plat |s
townnuuse deve/vp'
being submitted incon-
junction with the annex-
ation of the property and
designation of initial
zoning, Toepmpert
can be described as Lot
1 of Subdivision 204
and an approximately
2.5 acre portion of Vo-
gler
in Section 2, Township
28
m P��
Range 22
�eMFlathead
~~...,...~..~...
� u A request by Grant
Spoklie to amend the
Kalispell Zoning Regula-
tions educomhen+
/ ` bneo
'. ty shops and barber
shops from thee
spaces per operator to
two spaces per operator
and deleting the refer-
ence to an alternative
.~ standard_of one spa~~
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Major Subdivision. 2003
I, the undersigned certify that I did this date mail via certified or registered
mail a copy of the attached notice to the following list of landowners
adjoining the property lines of the property that �s to be subdivided.
Date •
Assessor's # S-T-R Lot/Tract# Property Owner/Mail Address
CHARLES & MICHELLE LAPP
3230 COLUMBIA FALLS STAGE RD
COLUMBIA FALLS MT 59912
PAUL STOKES & ASSOCIATES
343 1ST AVENUE WEST
KALISPELL MT 59901
AND ATTACHED LIST
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
The regular meeting of the Kalispell City Planning Board and Zoning Commission is
scheduled for Tuesday, April 8, 2003 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
item. The board will make a recommendation to the Kalispell City Council who will
take final action.'
1. A request by LBO Limited Partnership for an initial zoning designation upon
annexation to the city of Kalispell on approximately 58 acres of property located
at the northeast corner of Stillwater Road and West Reserve Drive. The proposal
would designate approximately 48 acres as R-3, Residential, a single-family
residential district, and approximately 10 acres as RA-1, a Low Density
Residential Apartment zoning district. A preliminary plat for 128 lots as
described below is being filed concurrently with the annexation and zoning
request. The property proposed for annexation and zoning can be described as a
portion of Assessor's Tract 5+ located in Section 25, Township 29 North, Range
22 West, P.M.M., Flathead County, Montana. (A rehearing on this project is
required under the recently adopted Kalispell Growth Policy.)
2. A request by Owl Corporation for preliminary plat approval of West View Estates,
a 128 lot subdivision located on the northeast corner of Stillwater Road and West
Reserve Drive. This plat would create 127 lots intended for single-family
residential development on approximately 48 acres and one 10 acre lot intended
for multi -family and townhouse development. All of the lots in the subdivision
would be served by public sewer and water and would be developed in
accordance with City of Kalispell standards. The preliminary plat is being
submitted in conjunction with the annexation of the property and designation of
initial zoning. The property can be described as a portion of Assessor's Tract 5+
located in Section 25, Township 29 North, Range 22 West, P.M.M., Flathead
County, Montana. (A rehearing on this project is required under the recently
adopted Kalispell Growth Policy.)
3. A request by Charles and Michelle Lapp for an initial zoning designation of R-2,
Residential, upon annexation to the city of Kalispell on approximately 24.4 acres
of property located at the northwest comer of Stillwater Road and Three Mile
Drive. The R-2 zoning district is a residential zone that is intended primarily for
single-family homes with a 9,600 square foot minimum lot size requirement.
Currently the property is located in the county and is zoned R-2, a Suburban
Residential, zoning district and SAG-5, a Suburban Agricultural, zoning district.
A preliminary plat containing 59 lots as described below is being filed
concurrently with the annexation and zoning request. The property can be
described as Lot 1 of Subdivision 204 and an approximately 2.5 acre portion of
Vogler Subdivision located in Section 2, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana.
4. A request by Charles and Michelle Lapp for preliminary plat approval of Blue
Heron Estates, a 59 lot residential subdivision on the northwest corner of Three
Mile Drive and Stillwater Road. All of the lots in the subdivision would be served
by public sewer and water and would be developed in accordance with City of
Kalispell standards. The preliminary plat is being submitted in conjunction with
the annexation of the property and designation of initial zoning. The property
can be described as Lot IL of Subdivision 204 and an approximately 2.5 acre
portion of Vogler Subdivision located in Section 2, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana.
5. A request by Grant Spoklie to amend the Kalispell Zoning Regulations to reduce
the required parking for beauty shops and barber shops from three spaces per
operator to two spaces per operator and deleting the reference to an alternative
standard of one space per 100 square feet of gross floor area, which ever is larger;
and the requirement for one space per employee on the largest shift. The
proposed amendment would apply to all barber and beauty shops within the city
zoning jurisdiction.
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 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 Tri-City
Planning Office at the above address, prior to the date of the hearing, or contact Narda
Wilson, Senior Planner, at (406) 751-1850 for additional information.
Thomas R. Jentz
Planning Director
CYNTHIA MARVIN
,r-'ATHERINE R BAIER
CLINTON P GROSSWILER
290 WEST VALLEY DR
KALISPELL. MT 59901
GREGORY E HARRIS
539 THREE MILE DR
KALISPELL, MT 59901-3072
KENNETH J & MICHELLE
VAN ALLEN
537 THREE MILE DR
KALISPELL, MT 59901-3072
JANICE A KIENAS
535 THREE MILE DR
KALISPELL, MT 59901-3072
PHILIP T & BARBARA S
BLANDFORD
411 THREE MILE DR
KALISPELL, MT 59901
FLATHEAD COUNTY
SEARCH & RESCUE ASSOCIATION
POBOX3)58
KALISPELL, MT 59903-0358
K. C. & AGNES M DORS
908 AVE B NW
GREAT FALLS, MT 59404
HELEN M VOGLER KAEDING
132 SUNBURST CT
KALISPELL, MT 59901-3481
HELEN KAEDING CHARITABLE
REMAINDER TRUST #2
10 LCMS FOUNDATION
TTIN WAYNE SELL
3 SOUTH KIRKWOOD
S T L 0 U I S , MO 6 3 122 - 729 5
"ONALD & TMARCIA S14ARPE
ll 0 BOX 7-5 16
ALISPELL, MT 59904-0516
FOREST 17 & MARGARET IFARRIS
ROY STANLEY LTD PART
ROY & CAROL STANLEY
P 0 BOX 7214
KALISPELL. MT 59904-0214
CHARLES & MIC14ELLE LAPP
3230 COLUMBIA FALLS STAGE RD
COLUMBIA FALLS, MT 59912
PAUL J STOKES & ASSOC. INC.
343 1ST AVE W
KALISPELL, MT 59901
BRIEN SURVEYING
P 0 BOX 160
SOMERS, MT 59932
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