03. Resolution 4651 - Preliminary Plat - Muskrat Slough SubdivisionFlathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT: Preliminary Plat Approval - Muskrat Slough Subdivision
MEETING DATE: September 4, 2001
BACKGROUND: This is a request for preliminary plat approval of a 20-lot residential
subdivision and annexation of approximately 8.98 acres in the southeast part of
Kalispell. In conjunction with the preliminary plat, the applicants have submitted a
request for annexation into the city and an initial zoning of City R-4. The City R-4 is a
Residential zoning district which has a minimum lot width of 50 feet and a minimum lot
size requirement of 6,000 square feet. The district allows duplexes and single-family
homes as permitted uses. Currently, the property is zoned County R-5, a Two Family
Residential district, under the Flathead County Zoning Regulations. This property is
currently in the County and is zoned R-5, a Two Family Residential. This district has a
minimum lot size requirement of 5,400 square feet and allows single-family homes and
duplexes as permitted uses. The property proposed for annexation lies on the north
side of Russell Drive, south of Kelly Road and west of Willow Glen Drive in an area
generally referred to as the "Greenacres" area.
The lots within the subdivision comply with the minimum lot size requirements of the
district with all lots being in over 8,000 square feet in size. Setbacks in the R-4 zoning
district are 15 feet in the front and on a side corner, ten feet in the rear and five feet on
the sides. The proposed zoning is similar to that which currently exists.
The primary issues associated with this subdivision are the drainage and the access
from Russell Drive. Stormwater drainage for the subdivision would discharge into the
slough through a couple of drainage easements within the subdivision. Culverts exist
under Russell Drive and Willow Glen Drive that regulate the circulation within the
slough. The culverts were installed as part of other subdivisions and were certified by a
professional engineer, but may have problems with silting. Prior to discharging
additional storm water into the slough, it would be important to know that the existing
culverts are functioning adequately.
The developer proposes building the access road to the subdivision off of Russell Drive.
This road has been constructed to City standards as part of Meadow Park Unit 2
subdivision, but was designated as a private road until such time as the subdivision
was annexed into the City when it would become a City street. An easement will need
to be obtained by the developer from the Meadow Park Unit 2 Homeowners Association
for the placement of the new roadway and for the two new driveways that are being
proposed.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish
Muskrat Slough Subdivision
August 21, 2001
Page 2 of 2
The Kalispell City -County Planning Board held a public hearing on this matter at their
regular August 14, 2001 meeting and voted unanimously to forward a
recommendation for approval of the subdivision to the City Council subject to the
amended conditions.
RECOMMENDATION: A motion to grant preliminary plat approval subject to
conditions would be in order.
FISCAL EFFECTS: A minor positive effect once fully developed.
ALTERNATIVES: As suggested by the city council.
Narda A. ilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: August 21, 2001
Attachments: Letter of transmittal
Staff report #KPP-01-1 and back-up materials
Draft 8/ 14/01 planning board minutes
H: /TRANSMIT/KALISPELL/ 2001 /KPP-0I-1MEMO.DOC
RESOLUTION NO. 4651
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
MUSKRAT SLOUGH SUBDIVISION, AS MORE PARTICULARLY DESCRIBED AS
ASSESSOR'S TRACTS 7N AND 7OH LOCATED IN SECTION 20, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Tim Birk, the owner of certain real property described
above, has petitioned for approval of the Subdivision
Plat of said property, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission held a public hearing on August 14, 2001, on
the proposal and reviewed Subdivision Report #KPP-01-1
issued by the Tri-City Planning Office, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission has recommended approval of the Preliminary
Plat of Muskrat Slough Subdivision, subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular
Council Meeting of September 4, 2001, reviewed the Tri-
City Planning Office Report #KPP-01-1, reviewed the
recommendations of the Kalispell City -County 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-01-1 are
hereby adopted as the Findings of Fact of the
City Council.
SECTION II. That the application of Tim Birk for approval
of the Preliminary Plat of Muskrat Slough
Subdivision, Kalispell, Flathead County,
Montana is hereby 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 roads and
include the pavement, curbs, gutters, storm drainage,
sidewalks and a minimum five foot landscape boulevard with
street trees placed in accordance with a plan approved by the
parks and recreation director. 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.
3. That the developer provide documentation that the necessary
easements have been obtained granting access to the
subdivision across privately owned roadway, Russell Drive, if
Meadow Park Unit 2 has not been annexed to the City at the
time the final plat has been submitted.
4. That a Certificate of Subdivision Approval be obtained from
the Department of Environmental Quality and written approval
by the Kalispell Public Works Department approving the water
and sewage facilities for the subdivision.
5. 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.
6. That the develcper obtain et letter from the Flathead euttrit-y
Read Bepartment stetting that the ettivert under Willow Glen
Brive has beert adequately installed ec) accommodate the
potential overfic5w from the slough.
7. That the developer obtain all necessary storm water discharge
permits from the federal, state and local jurisdictions, which
may have review authority over the waterway.
8. That Lots 2 and 3 be accessed from Russell Drive and that Lot
1 shall be accessed from Muskrat Drive.
9. That an easement be extended between the northern boundary of
the subdivision to Kelly Road which facilitates future access
to water and sewer for the remainder parcel to the east and a
loop water system.
10. 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.
11. The developer shall provide a plan for mail service approved
by the U.S. Postal Service.
12. Street lighting shall be located within the subdivision and
shall be shielded so that it does not intrude unnecessarily
onto adjoining properties.
13. That the parkland dedication requirements shall be met with
cash in lieu of parkland in the amount of one ninth of the
4.90 area devoted to lots based on a value of $15,000. per
acre in the amount of $8,085.
14. All utilities shall be installed underground.
15. That the fire access and suppression system comply with the
Uniform Fire Code and a letter from the Kalispell Fire
Department approving the access and number and placement of
fire hydrants within the subdivision shall be submitted with
the final plat. The fire access and suppression system shall
be installed and approved by the fire department prior to
final plat approval.
16. That a minimum of two-thirds of the necessary infrastructure
for this subdivision shall be completed prior to final plat
submittal.
17. That a homeowners association be established for the
maintenance of the common area based upon a pro-rata share of
costs.
18. That a note be placed on the face of the final plat that
indicates access for proposed Lot 3 shall be obtained from
Muskrat Drive.
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.
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 4TH DAY OF SEPTEMBER, 2001.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@eentu rytel. net
August 21, 2001
Chris Kukulski, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Preliminary Plat Approval for Muskrat Slough Subdivision
Dear Chris:
The Kalispell City -County Planning Board held a public hearing at their regular meeting of
August 14, 2001 to consider a request by Tim Birk for preliminary plat approval of Muskrat
Slough Subdivision, a 20-lot residential subdivision on approximately 8.98 acres. The
property is located on the north side of Russell Drive and west of Willow Glen Drive in the
southeast part of Kalispell.
Narda Wilson with the Tri-City Planning Office presented the staff report #KPP-01-01 and
recommended approval of the preliminary plat subject to conditions.
At the public hearing the developer and engineer spoke in favor of the project stating they
wanted to work with the homeowners regarding the road issue. There were several
property owners in the area who spoke in opposition to the subdivision with concerns
regarding access to Russell Drive, traffic, drainage and the water quality of the slough.
After the board discussed the project a motion was made to adopt staff report #KPP-01-01
as findings of fact and recommend that the city council approve the proposed preliminary
plat subject to the amended conditions. The motion passed unanimously. Attachment A
lists recommended conditions of approval as amended.
Please schedule this matter for the September 4, 2001 regular city council meeting. 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 -County Planning Board
4de
evens
nt
GS/NW
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish -
Muskrat Slough Subdivision Preliminary Plat
August 21, 2001
Page 2
Attachments: Attachment A
Staff report #KPP-01-01 and application materials
Draft minutes from 8/ 14/01 planning board meeting
Preliminary Plats
c: w/Att: Theresa White, Kalispell City Clerk
c: w/o Att: Tim Birk, 800 Farm Rd., Kalispell, MT 59901
Birk Engineering, 2302 Hwy 2 East, #9, Kalispell, MT 59901
H:\FRDO\TRANSMIT\KALISPEL\2001\KPPOI-01.DOC
Muskrat Slough Subdivision Preliminary Plat
August 21, 2001
Page 3
ATTACHMENT A
MUSKRAT SLOUGH SUBDIVISION PRELIMINARY PLAT
AMENDED CONDITIONS OF APPROVAL AS RECOMMENDED BY THE
KALISPELL CITY -COUNTY PLANNING BOARD
AUGUST 14, 2001
The Kalispell City -County Planning Board is recommending the following conditions to the
Kalispell City Council for the above referenced preliminary plat approval request. A public
hearing was held on this matter at the August 14, 2001 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 roads and
include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot
landscape boulevard with street trees placed in accordance with a plan approved by the
parks and recreation director. 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.
3. That the developer provide documentation that the necessary easements have been
obtained granting access to the subdivision across privately owned roadway, Russell
Drive, if Meadow Park Unit 2 has not been annexed to the City at the time the final plat
has been submitted.
4. That a Certificate of Subdivision Approval be obtained from the Department of
Environmental Quality and written approval by the Kalispell Public Works Department
approving the water and sewage facilities for the subdivision.
5. 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.
b That t o .]o...el, Ya ebtain a letter- f Am the F4 thead Geunty Read Dstatin
that the pulyP44 rider ` A110I..' ule n Pi .y@ has been adoWately n a a t
the Hotcea
.,1 a .eFfle.., fire-m- tY. e, slaugh.
7. That the developer obtain all necessary storm water discharge permits from the federal,
state and local jurisdictions, which may have review authority over the waterway.
8. That Lots2 and 3 be accessed from Russell Drive and that Lot 1 shall be accessed from
Muskrat Drive.
Muskrat Slough Subdivision Preliminary Plat
August 21, 2001
Page 4
9. That an easement be extended between the northern boundary of the subdivision to Kelly
Road which facilitates future access to water and sewer for the remainder parcel to the
east and a loop water system.
10. 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.
11. The developer shall provide a plan for mail service approved by the U.S. Postal Service.
12. Street lighting shall be located within the subdivision and shall be shielded so that it
does not intrude unnecessarily onto adjoining properties.
13. That the parkland dedication requirements shall be met with cash in lieu of parkland in
the amount of one ninth of the 4.90 area devoted to lots based on a value of $15,000. per
acre in the amount of $8,085.
14. All utilities shall be installed underground.
15. That the fire access and suppression system comply with the Uniform Fire Code and a
letter from the Kalispell Fire Department approving the access and number and
placement of fire hydrants within the subdivision shall be submitted with the final plat.
The fire access and suppression system shall be installed and approved by the fire
department prior to final plat approval.
16. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall
be completed prior to final plat submittal.
17. That a homeowners association be established for the maintenance of the common area
based upon a pro-rata share of costs.
18. That a note be placed on the face of the final plat that indicates access for proposed Lot 3
shall be obtained from Muskrat Drive.
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.
MUSKRAT SLOUGH SUBDIVISII
TRI-CITY PLANNING OFFICE
STAFF REPORT #KPP-01-1
AUGUST 6, 2001
A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding
a request for preliminary plat approval of a 20 lot residential subdivision and annexation with
an initial zoning of R-4. A public hearing on this proposal has been scheduled before the
planning board for August 14, 2001 in the Kalispell City Council Chambers. The planning
board will forward a recommendation to the city council for final action.
A. Applicant: Tim Birk
880 Farm Road
Kalispell, MT 59901
(406) 257-3141
Technical Assistance: Birk Engineering
2302 Hwy 2 East, #9
Kalispell, MT 59901
(406) 756-2131
B. Nature of Application: This is a request for preliminary plat approval of a 20-lot
residential subdivision and annexation of approximately 8.98 acres in the southeast
part of Kalispell. The applicant has requested R-4, Residential, zoning on this property
upon annexation. The proposed zoning allows single-family homes as duplexes as
permitted uses. Currently, the property is zoned County R-5, a Two Family Residential
district, under the Flathead County Zoning Regulations.
C. Location: The property proposed for annexation lies on the north side of Russell
Drive, south of Kelly Road and west of Willow Glen Drive in an area generally
referred to as the "Greenacres" area. The property can be described as Assessor's
Tracts 7N and 7OH located in Section 20, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana.
D. Size:
Total Area: 8.98 acres
Total Lot Area in Lots: 4.90 acres
Area in Roads: 0.93 acres
Minimum Lot Size: 8,090 square feet
Maximum Lot Size: 14,840 square feet
E. Existing Land Use: This property is currently in grasslands and is otherwise
undeveloped.
1
F. Adjacent Land Uses and Zoning: The area can be described as residential in
character and is comprised primarily of family residences on lots of similar size as
those being proposed in the areas to the east and west.
North: Single family homes in Greenacres Unit 4, County R-5 zoning
East: Single family homes and the Willows Subdivision, County R-5 and
City R-2 zoning
South: Single family homes Meadow Park Unit 2, County R-5 zoning
West: Single family homes Meadow Park Subdivision, County R-5 zoning
G. Zoning: This property is currently in the County and is zoned R-5, a Two Family
Residential. This district has a minimum lot size requirement of 5,400 square feet and
allows single-family homes and duplexes as permitted uses. In conjunction with the
preliminary plat, the applicants have submitted a request for annexation into the city
and an initial zoning of City R-4. The City R-4 is a Residential zoning district which
has a minimum lot width of 50 feet and a minimum lot size requirement of 6,000
square feet. The district allows duplexes and single family homes as permitted uses.
The lots within the subdivision comply with the minimum lot size requirements of the
district with all lots being in over 8,000 square feet in size. Setbacks in the R-4 zoning
district are 15 feet in the front and on a side comer, ten feet in the rear and five feet on
the sides. The proposed zoning is similar to that which currently exists.
H. Utilities: Upon annexation into the City, this property would be eligible to receive full
City services to the subdivision.
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:
School District #5, Kalispell
Police:
City of Kalispell
This matter came before the site development review committee on August 2, 2001 and the
minutes are attached. At that meeting, there were some concerns about the installation of
the sewer line through the slough and that the water circulation not be unobstructed.
Russell Drive is constructed to City standards with curb, gutter and sidewalk located on
the north side of the street. Russell Drive is a private roadway and an easement will be
needed from the Meadow Park Unit 2 Homeowners Association. The City could annex the
road since it was intended to be annexed at some point as noted on the plat. An easement
to the water and sewer up to Kelly Road would provide for future looping of the water main
for future access to the utilities by the property to the east, the remainder tract.
This application is reviewed as a major subdivision in accordance with statutory criteria
and the Flathead County Subdivision Regulations.
A. Effects on Health and Safety:
Eire: This subdivision would be in the service area of the Kalispell Fire Department
once the property is annexed. 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 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. A fire hydrant is located near the intersection of Russell
Drive and Willow Glen Drive that was placed there as part of the development of
Meadow Park Unit 2.
Flooding: According to FIRM Panel #1820D dated 9/30/92 it notes that the site is
located entirely in Zone C which is not a flood prone area and no special permits are
required for development.
Access: Access to the site will be taken from an existing private roadway, Russell
Drive, a privately owned and maintained roadway that is open to public use. The
roadway is owned and maintained by the Meadow Park Unit 2 Homeowners
Association. The developer will need to obtain an easement across the road allow
access onto Russell Drive. Internal access within the subdivision will be provided
from a new roadway designated as Muskrat Drive. All of the lots within the
subdivision will be accessed via the new roadway with the exception of Lots 2 and 3
which are proposed to be accessed via Russell Drive. Muskrat Drive will be
constructed to City standards and will provide good access to the lots. The fire
access and suppression system to the subdivision which complies with the Uniform
Fire Code should be completed prior to final plat submittal so that the fire
department can have access to the homes under construction within the
subdivision.
B. Effects on Wildlife and Wildlife Habitat: This property is generally grasslands that
were probably used for pasture in the past. The Stillwater Slough surrounds the
subdivision on three sides and provides good waterfowl habitat that would include
ducks and geese. The slough can be considered a substantial amenity to the
subdivision. The site does not provide important wildlife habitat for any type of big
game or endangered species. Likely some migratory birds and occasional deer may
visit the site, however, this area does not provide significant habitat for wildlife.
Development of the subdivision will require substantial grading and site disturbance
that would generally take place outside of the waterway. Silt fencing is proposed to
be placed along the water's edge to avoid incidental debris from entering the water.
C. Effects on the Natural Environment:
Surface and gro m3 dwat?r: This subdivision will be served by public water and sewer
thereby minimizing any potential impacts to the groundwater. The Stillwater Slough
surrounds this property on three sides - to the north, east and west. This waterway
is not part of the 100-year floodplain according to FIRM Panel # 1820. No filling or
other alteration of the slough is proposed as part of this development. The slough
that flanks this subdivision on three sides is part of a greater watercourse that lies
to the west and to the north. At one time Dry Bridge Park was part of this waterway,
3
but subsequent filling of the slough has created isolated areas in the slough. These
areas in the slough do not receive regular flushing with regular regeneration or
infusion of fresh water nor does the slough flow freely in any area. There are
relatively stagnant areas of the slough that have high nutrient loads and resultant
algae growth.
Drainage: One of the primary challenges to developing this site is in adequately
addressing the drainage issues inherent in the area that have been exacerbated over
the years with disjointed development and haphazard filling of the slough. This site
is surrounded on three sides by the eastern end of Stillwater Slough, an old oxbow
channel from the Stillwater River which lies to the east of Willow Glen Drive. Over
the years this slough has been filled and no longer has through circulation or
regular flushing. As a result there are many isolation segments of the slough that
have resulted in stagnant areas throughout the slough channel.
During the development of Meadow Park Unit 2 to the west, Russell Drive was
constructed which involved the construction of a slough crossing that involved the
installation of a culvert that connects the north and south segments of the slough
now under the roadway. Additionally, during the development of the Willows
Subdivision to the east, a culvert was placed under Willow Glen Drive and a
drainage channel constructed along the southern boundary of the Willows
Subdivision in an effort to alleviate some of the drainage problems. However, there
have been problems with both of the culverts that directly effect the development of
this site.
According to Charles Johnson, Flathead County Road Superintendent, and Jim
Hansz, Kalispell Public Works Director, the culvert located under Russell Drive,
particularly on the north side of Russell Drive, has apparently become blocked
because of silting over the years and the of lack of adequate maintenance. In its
current condition, it does not function properly in providing a free flow of the
channel at this crossing. Additionally, the culvert located under Willow Glen Drive
was not property installed and does not function to provide the relief overflow due to
improper grading.
To further complicate the drainage problems associated with this property that were
inherited by the developer, there is no public storm drain system in the area. Storm
water runoff is proposed to be addressed by the creation of two drainage easements
on the west and east sides of the subdivision that would discharge treated storm
water into the slough. This drainage system may require a storm water discharge
permit from the State Department of Environmental Quality and review by the EPA.
Additionally, the Army Corp of Engineers has been involved in reviewing the fill work
and the culvert installation in the slough areas and should also be consulted prior to
the discharge of any additional storm water into the slough.
As part of the drainage management plan that will be required, the developer will
need to demonstrate that the existing culverts under Russell Drive and Willow Glen
Drive are functional. Curbs and gutters will be installed as part of the storm drain
management plan. An engineered drainage plan that addresses the issues generally
detailed above will be required to be submitted to the Kalispell Public Works
Department for their review and approval.
4
D. Effects on Local Services:
Wate : Water service is proposed to be provided by the City of Kalispell. Currently a
water main lies to the south of the subdivision along Russell Drive. The water main
will be extended from its location along Russell Drive to the northern property
boundary. The extension of the water main across the slough the northernmost end
of the property will facilitate a loop for the water system between these areas at some
point in the future. This could also provide improved flows to the fire hydrant
system in the area. Fire hydrants will also be required to be placed in accordance
with the Uniform Fire Code. The water system for the subdivision will be reviewed
and approved by the Kalispell Public Works Department as part of the development
of the site.
Sewer: Sewer service will be provided by the City of Kalispell. Sewer mains are also
available for extension to the subdivision from Russell Drive to the existing lift
station to the north. This sewer line will also need to cross the slough and should
be placed in such a way that does not obstruct the water flow when it is placed.
Easements for the water and sewer should be extended to Kelly Road to provide for
future access to these utilities to the property to the east, the remainder tracts of the
subdivision. Design and construction of the mains and service lines will need to be
reviewed and approved by the City Public Works Department as well as the service
lines to the individual lots within the subdivision. The Montana Department of
Environmental Quality will also review the proposed services as part of their
subdivision review.
Roads: Traffic projections for this subdivision are estimated to be approximately 200
additional vehicle trips per day based on the estimate of 10 vehicle trips per
residence per day in the area. This makes the assumption that this development
will be made up of single-family homes. However, duplexes are a permitted use in
the R-4 zoning district and if many lots were developed with duplexes, this
subdivision could generate substantially more traffic. The subdivision roads will be
constructed to City standards and would include curb, gutter, sidewalks and
landscape boulevards within the subdivision. The internal subdivision road will
access onto Russell Drive, a privately owned and maintained roadway that is open to
public use. It is owned and maintained by the Meadow Park Unit 2 Homeowners
Association. This road has been constructed to City standards in anticipation that it
would be annexed into the City and taken over as a City street at the time the
subdivision, Meadow Park Unit 2, is annexed into the City. In lieu of annexing this
roadway to the City, the developer will need to acquire an easement from the
homeowners association granting the right to ingress and egress. Roads in the area
appear to be adequate to accommodate the additional traffic generated by this
subdivision. However, the residents of the subdivisions in the area may experience
additional traffic in their neighborhoods.
Schools: This development is within the boundaries of School District #5, Kalispell.
The school district superintendent responded by stating that the district has no
objections to the subdivision. It can be anticipated that approximately 10 to 15
additional school age children may be generated from this subdivision at full build
out. This would have a potentially moderate impact on the district.
5
Parks and Onen Spare: 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 cash in -lieu of parkland is being based on a valuation of $15,000. per
acre. Based on this figure and 4.90 acres in lots, the cash in -lieu of parkland fee
would be $8,085.
Police: This subdivision would be in the jurisdiction of the City of Kalispell Police
Department. The department responded by stating that they can adequately provide
service to this subdivision.
Fire Protection: Fire protection would be provided by the Kalispell Fire Department.
Although fire risk is low because of good access, the fire department is
recommending that access to the subdivision and the hydrants be in place prior to
final plat approval.
Solid Waste: Solid waste will be handled by the City of Kalispell and taken to the
Flathead County Landfill. There is sufficient capacity within the landfill to
accommodate this additional solid waste generated from this subdivision.
Medical Services: Ambulance service is available from the fire department and
ALERT helicopter service. Kalispell Regional Hospital is close by and less than three
miles from the site.
E. Effects on Agriculture and agricultural water user facilities: The site has been
traditionally used for pastureland. Its location within the planning jurisdiction and
its proximity to urban services makes this property ripe for the type of development
being proposed. There will be relatively no 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 Master Plan Map: This property is in the Kalispell City -County planning
jurisdiction. The master plan map designation for this area is residential and
anticipates this type of development with full public services. These areas are served
by community water and sewer and have good access to services and public facilities
and would be developed with duplex and single-family housing. At a maximum
density of two dwellings per parcel, the density would be approximately 12 dwellings
per gross acre. At a single-family density, the density would be approximately six
dwellings per gross acre. The proposed development is in substantial compliance with
the land use designation of the master plan.
G. Compliance with Zoning: This property will be zoned R-4, a Two Family
Residential zoning designation which requires a minimum of 6,000 square feet and a
minimum lot width of 50 feet upon annexation. All of the lots within the subdivision
appear to comply with the standards for this zoning district.
H. Compliance with the Kalispell Subdivision Regulations: This subdivision
complies with the Kalispell Subdivision Regulations and no variances have been
requested.
no
Staff recommends that the Kalispell City -County Planning Board adopt staff reports #KPP-01-
1 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 roads and
include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot
landscape boulevard with street trees placed in accordance with a plan approved by the
parks and recreation director. 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.
3. That the developer provide documentation that the necessary easements have been
obtained granting access to the subdivision across privately owned roadway, Russell
Drive, if Meadow Park Unit 2 has not been annexed to the City at the time the final plat
has been submitted.
4. That a Certificate of Subdivision Approval be obtained from the Department of
Environmental Quality and written approval by the Kalispell Public Works Department
approving the water and sewage facilities for the subdivision.
5. 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.
6. That the developer obtain a letter from the Flathead County Road Department stating
that the culvert under Willow Glen Drive has been adequately installed to accommodate
the potential overflow from the slough.
7. That the developer obtain all necessary storm water discharge permits from the federal,
state and local jurisdictions, which may have review authority over the waterway.
8. That Lots wand? be accessed from Russell Drive and that Lot I shall be accessed from
Muskrat Drive.
9. That an easement be extended between the northern boundary of the subdivision to Kelly
Road which facilitates fixture access to water and sewer for the remainder parcel to the
east and a loop water system.
10. 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.
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11. The developer shall provide a plan for mail service approved by the U.S. Postal Service.
12. Street lighting shall be located within the subdivision and shall be shielded so that it
does not intrude unnecessarily onto adjoining properties.
13. That the parkland dedication requirements shall be met with cash in lieu of parkland in
the amount of one ninth of the 4.90 area devoted to lots based on a value of $15,000. per
acre in the amount of $8,085.
14. All utilities shall be installed underground.
15. That the fire access and suppression system comply with the Uniform Fire Code and a
letter from the Kalispell Fire Department approving the access and number and
placement of fire hydrants within the subdivision shall be submitted with the final plat.
The fire access and suppression system shall be installed and approved by the fire
department prior to final plat approval.
16. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall
be completed prior to final plat submittal.
17. That a homeowners association be established for the maintenance of the common area
based upon a pro-rata share of costs.
18. That a note be placed on the face of the final plat that indicates access for proposed Lot 3
shall be obtained from Muskrat Drive.
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.
REPORTS/ KALISPELL/ KPP/01 / KPPO 1-1.DOC
NOTICE OF PUBLIC HEARING
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Muskrat Slough, Subdivision Annexation and Initial Zoning
Muskrat Slough Subdivision Preliminary Plat - 20 Lot Subdivision
The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is
scheduled for Tuesday, August 14, 2001 beginning at 7:00 PM in the Kalispell City Council
Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly
scheduled meeting of the planning board, the board will hold public hearings and take public
comments on the following agenda items. The board will make a recommendation to the
Kalispell City Council who will take final action.
1. A request by Tim Birk for annexation into the City of Kalispell and an initial zoning
designation of R-4, a Residential zoning district which has a 6,000 square foot minimum
lot size requirement and allows duplexes and single-family residences as permitted uses.
The property proposed for annexation contains approximately 8.98 acres and lies on the
north side of Russell Drive, west Willow Glen Drive and south of Kelly Road in southwest
Kalispell. The property is currently in the County zoning jurisdiction and is zoned R-5, a
Two -Family Residential zoning district which has a minimum lot size requirement of 5,400
square feet and allows duplexes and single-family residences as permitted uses. The
purpose of the annexation and zoning is for a 20-lot residential subdivision known as
Muskrat Slough Subdivision that has been filed concurrently with the annexation request.
The property proposed for annexation can be described as Assessor's Tracts 7N and 70H
located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana and as further described in Exhibit B.
2. A request by Tim Birk for preliminary plat approval of a 20 lot residential subdivision
known as Muskrat Slough Subdivision. The subdivision contains approximately 8.98
acres total with 4.90 acres in lots, 0.93 acres in roads and 3.15 acres in common area.
Lots in the subdivision range in size from 8,090 square feet to 14,480 square feet. A new
public roadway will be extended to serve the subdivision. A request for annexation into
the City of Kalispell has been filed concurrently with the subdivision with a request for
City R-4 zoning, a Residential zoning district, upon annexation. This zone allows duplexes
and single-family residences as permitted uses. The property proposed for subdivision is
located on the north side of Russell Drive, west Willow Glen Drive and south of Kelly Road
in southwest Kalispell. The property can be described as Assessor's Tracts 7H and 70H
located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
Documents pertaining to these agenda items are on file for public inspection in 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 hearings and make their views and concerns
known to the Board. Comments in writing may be submitted to the Tri-City Planning Office at
the above address prior to the date of the hearing or you may contact Narda Wilson, Senior
Planner, at (406) 751-1850 for additional information.
:iI �.
Thomas R. Jentz
Planning Director
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VICINITY MAP
TIM BIRK / BIRK ENGINEERING
PRELIMINARY PLAT - (MUSKRAT SLOUGH SUBDIVISION)
A 20 LOT RESIDENTIAL DUPLEX SUBDIVISION ON 8.98 ACRES
& ANNEXATION AND INITIAL ZONING OF R-4, RESIDENTIAL
FROM R-5, TWO FAMILY RESIDENTIAL
WILLOW GLEN ZONING DISTRICT
PLAT DATE: 7/20/01
FILE# KPP-01-1 SCALE 1" = 350' 11:\gLs\site\kpp01_l.dwg
Preliminary Plat
Application
Muskrat Slough
Subdivision
Kalispell, Flathead County, Montana
June, 2001
CONTENTS
Environmental Assessment
Proposed Covenants
Adjacent Property Ownership
Petition for Annexation
Supporting Documentation
Reduced Copy of Preliminary Plat
APPLICATION FOR SUBDIVISION PRELIMINARY PLAT APPROVAL
This application shall be submitted, along with all information required by the applicable
Subdivision Regulations and the Montana Subdivision and Platting Act, and the
appropriate fee to:
Flathead Regional Development Offce, 723 Fifth Avenue East Room 414
Kalispell, Montana 59901- Phone: (406)758-5980 Fax: (406)758-5781
SUBDIVISION NAME: Muskrat Slough Subdivision
OWNER(S) OF RECORD:_
Name —Tim Birk Phone_257-3141_
Mailing Adress:_880 Farm Rd.
City/State & Zip: _Kalispell MT 59901
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
Name & Address_ Birk Engineering
2302 Hwy 2 East, 99
Kalispell, MT 59901
Name & AddressTopo: Jackola Engineering
LEGAL DISCRIPTION OF PROPERTY:
City/County_Kalispell, Flathead
Street Address 1010 Willow Glen Dr.
Assessor's Tract No.(s) 7N, 70H Lot No.(s )
SE NE 1 /4 Section 20 Township 28N Range 21 W
GENERAL DESCRIPTION OF SUBDIVISION:
Number of Lots or Rental Spaces_ 20 Total Acreage in Subdivision8.98
Total Acreage in Lots_ 4.90 Minimum Size of Lots or Spaces_8090 sf
Total Acreage in Streets or Roads_0.93 Maximum Size of Lots or Spaces_14840 sf
Total Acreage in Parks, Open Spaces and/or Common Areas 3.15
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family Townhouse _ Mobile Home Park_
Duplex 20 Apartment Recreational Vehicle Park
Commercial _ Planned Unit Development --
Condominium _ Multi -Family Other
APPLICABLE ZONING DESIGNATION & DISTRICT_See annexation request
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS_$80,800.00
IMPROVEMENTS TO BE PROVIDED:
Road: Gravel X Paved X Curb X Gutter X Sidewalks Alleys Other
Water System: Individual Multiple User Neighborhood X Public Other
Sewer System: Individual Multiple User Neighborhood X Public Other
Other Utilities: X Cable TV X Telephone X Electric X Gas Other
Solid Waste: X Home Pick Up Central Storage Contract Hauler Owner Haul
Mail Delivery: X Central Individual School District: 5
Fire Protection: X Hydrants Tanker Recharge Fire District: Kalispell
Drainage System:
PROPOSED EROSION/SEDIMENTATION CONTROL:
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 OF REGULATIONS:
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCE WITH ABOVE
REGULATIONS:
2
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW:
Will the granting of the variance be detrimental to the public health, safety or
general welfare or injurious to other adjoining properties?
Will the variance cause a substantial inerease 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 (topogaphy, shape, etc.) that create the hardship?
5. What other conditions are unique to this property that create the need for a
variance?
APPLICATION CONTENTS:
The subdivider shall submit a complete application addressing items below to the
FRDO Office at least thirty (30) days prior to the date of the meeting at which it will be
heard.
1. Preliminary plat application.
6 copies of the preliminary plat.
3. One reproducible set of supplemental information. (See Appendix A -
Flathead County Subdivision Regulations)
4. One reduced copy of the preliminary plat not to exceed I I" x 17" in size.
5. Application fee
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 F.R.D.O. staff to be present on the
property for routine monitoring and inspection during the approval and development
process.
(Applicant)
Revised 10/30/971s
(Date)
Flathead Regional Development Office
723 5`h Ave. East Room 414
Kalispell, MT 59901
Phone: (406)758-5980 Fax: (406)758-5781
PETITION FOR ANNEXATION AND INITIAL ZONING
CITY OF KALISPELL
NAME OF APPLICANT: XVWC4-F[5LQQLQ JaCTX)t�TSaZe
MAIL • • i>(if o i / �
CITY/STATE/ZIP:1f14LiS9jCLL i 1141( 57YO/ PHONE:26—7 ,3/L//
INTEREST IN PROPERTY: fL
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: / S%Q ey— 9/Q ee
MAILADDRESS: I.4D2 AA-JY 2 ;:-.4c7—
x*i
CITY/STATE/ZIP:
INTEREST IN PROPERTY:/cJ�T2
PLEASE COMPLETE THE FOLLOWING:
Address of the property:
Legal Description:
(Section, Township,
PHONE: —J,-ZZ'2,7
(Lot and Block of Subdivision; Tract #)
V , Q 2/ W (9ZP Peru,
ige) (Attach metes and bounds as Exhibit A)
The present zoning of the above property is: (erittrl
The proposed zoning of the above property is: e 1- y 9-4/
State the changed or changing conditions that make the proposed amendment necessary:
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for F.R.D.O. staff to be present on the property for
routine inspection during the annexation process.
e—
(Date)
ENVHtONMENTAL ASSESSMENT
I. GEOLOGY
The property is bounded on three sides by a slough. The slough is not free
flowing so erosion associated with streams would not be anticipated and there is not
sufficient reach to allow significant wave action.
The topography of the site is relatively level and there are no known hazards
associated with falls, slides or slumps. There are no rock outcroppings on the site.
II. SURFACE WATER
The site is bounded on three sides by Muskrat Slough which comprises roughly
four acres adjacent to the proposed development. There is no marginal marsh area
adjacent to the slough on the site. The existing causeway across the slough at the north
end of the property is to be removed under the scope of this project to permit
commingling of the water in the slough during low water periods.
There are no artificial water systems and the site is not located in the flood plain.
A culvert under Willow Glen Road allows drainage of excess water in the slough.
III. VEGETATION
The site is covered with old pasture grasses and weeds. There are no trees or
brush on the site. It is anticipated that as much as 60% of the site will be disturbed
during construction of improvements. This will be regraded and reseeded upon
completion of improvements
IV. WILDLIFE
There is some use of the slough by waterfowl. Two pair of canada geese have
been seen with goslings on the slough. There are several pair of ducks on the slough
though no ducklings have been noted this spring, possibly due to the cats that frequent
the site. The author would speculate that given the notable adaptability of waterfowl,
there will be no adverse effects on waterfowl on the slough beyond that created by the
surrounding existing development.
There are no known rare or endangered species using the site.
V. AGRICULTURE AND TIMBER PRODUCTION
There are approximately 5.84 acres land area on the site. This would equate to
two months of summer pasture for two horses. There is no known crop production on the
site. There are no agricultural uses of land immediately adjacent to the site.
VI. HISTORICAL, ARCHAEOLOGICAL OR CULTURAL FEATURES
There are no known historical, archaeological or cultural features associated with the
site.
VII. SEWAGE TREATMENT
Design Flow. 20 Lots x 300 GPD = 6,000 GPD
Annexation to the City of Kalispell is being sought concurrently with this
preliminary plat application. It is proposed that city main be extended to serve this
project. Existing lift station and mains were sized to serve additional connections. A
letter from the City of Kalispell Public Works Department is attached.
Sewage treatment fees are based on a base rate of $2.65 per 1,000 gallons and
sewer rate schedules are available from the City of Kalispell, Public Works Office
located at 312 1st Ave. East.
VIII. WATER SUPPLY
Extension of City of Kalispell water main is proposed. Given a peak daily
demand of 600 GPD per lot including irrigation, total demand will be12,000 GPD.
Water usage base rate is $2.65 and $1.39 per 1000 gallons. Water rate schedules
are available from the City of Kalispell, Public Works Office located at 312 1 st
Ave. East.
IX. SOLID WASTE
Upon annexation, the development will fall within the City of Kalispell solid
waste collection area.
Residential solid waste residential service rates are $80.00/year - assessed to
property taxes.
X. DRAINAGE
Streets and Roads: Runoff will be captured in gutter catch basins with oil/water
separators. Water will then be piped to drain rock filled overflow structures to near the
slough. These structures will prevent sedimentation and erosion.
Other Areas: A sediment fence will be installed during construction to prevent
erosion of disturbed soils to the slough.
.fl�
Access to the development will be from Russell Drive. The assumed traffic load
from this development will be 20 lots (10 trips/day/lot) = 200 trips day. Russell is
relatively newly constructed and is in good condition. The proposed Muskrat Drive will
be constructed by the developer and will be 30' wide to back of curb. Two of the lots
will access Russell Drive as the topography of the property makes it difficult to serve
them with an internal road.
XII. EMERGENCY SERVICES
Annexation to the City of Kalispell is requested concurrently with this
application. The subdivision will then fall under the protection of City emergency
services. Fire hydrants will be installed when the main is extended. Water pressure in
the area is in the 60 psi range with residual pressures around 48 -50 psi. at fire flow.
XIII. SCHOOLS
School students, grades 1 through 6, will attend Elrod School, located at 412 3rd
Av. W. As Elrod School is within 3 miles of the proposed site. Parents/guardians will be
responsible for providing transportation to and from school. However school bus service
is available for a fee of $ 10. 00/month/student for the first student, $5.00/month for a
second Elrod School. At the present time the school bus pickup is located at the
intersection of Kelly Road and Willow Glen Drive, approximately 1/4 mile north of the
south entrance to the proposed development.
School students, grade 7, will attend Linderman School, located at 124 3rd Ave.
E. As Linderman School is within 3 miles of the proposed development. Parents will be
responsible for providing transportation to and from school. However school bus service
is available for the fees and pickup location associated with school bus transportation as
defined under the Elrod School above.
School students, grades 8 and 9, will attend Kalispell Jr. High School, located at
205 Northwest Ln. As Kalispell Jr. High School is more than 3 miles from the proposed
"Muskrat Slough Subdivision", school bus transportation will be available. At the
present time the school bus pickup is located at the intersection of Kelly Road and
Willow Glen Drive, approximately 1/4 mile north of the south entrance to the proposed
development.
School students, grades 10 through 12 will attend Flathead High School, located
at 644 Av. W. As Flathead High School is within 3 miles of the proposed development.
Parents/guardians will be responsible for providing transportation to and from school.
However school bus service is available for the fees and pickup location associated with
school bus transportation as defined under the Elrod School above.
XIV. ECONOMIC BENEFITS
Tract 70H, as of the time of this application, is owned by the City of Kalispell,
however said tract shall be conveyed to the developer, thus relieving the City of Kalispell
the liability of said tract. The taxes paid in 1999 on 5.49 acres of Tract 70H, of which the
proposed development will contain approximately 0.89 acres of, were $541.45 on
property classified as vacant land.
The taxes paid in 1999 on 10.0 acres of Tract 7N, of which the proposed
development will contain approximately 4.95 acres of, were $2488.63.
The total estimated valuations on the proposed development are as follows:
There are 20 Single Family Lots proposed for this development with an
estimated per lot value of $24,600. Should the 100% of the lots be developed by
2002, the estimated assessed valuation (land only) would be $5,600 per year.
Should 40% of the lots be improved with homes by 2003, at an estimated
value of $69,800, per unit with an estimated assessed value of (land and
buildings) would be $11,440 per year.
Should 90% of the lots be improved with homes by 2005, at an estimated
value of $69,800, per unit with an estimated assessed value of (land and
buildings) would be $25,740 per year.
141MIR._ LIMIRV
The site has previously been used as pasture land. It has not been used to any
purpose recently presumably because the surrounding residential use discourages any
agricultural uses.
Annexation and R4 zoning are requested concurrently with this application.
The most significant environmental hazards in the area are the slough which
presents a hazard consistent with any water front residences and the proximity of the
Flathead County Road and Bridge Department shop. The shop complex is enclosed by a
security fence and is not readily accessible by unauthorized personnel.
XVI. PARKS AND RECREATION FACILITIES
Cash -in -lieu of parkland is proposed for this project with a land value of
$15,000.00 per acre to be used.
XVH. UTILITIES:
Centurytel, Flathead Electric Cooperative, and Montana Power Co. will serve the
subdivision. All utilities will be installed underground. Each of the utilities will be
given a copy of the preliminary plat for review.
It is estimated that utility installation will be completed by July, 2002.
DECLARATION OF CONDITIONS, COVENANTS, AND
OF
MUSKRAT SLOUGH SUBDIVISION
THIS DECLARATION is made this day of 2001, by
Muskrat Slough Partnership, hereafter referred to as the Declarant:
RECITALS
1. The Declarant has filed a plat of certain lands in Flathead County, Montana, known as
Muskrat Slough Subdivision, with the Clerk and Recorder of said County, on the day of
2001, as Document No. in File Case of Plats,
as Abstract Number
2. The Declarant is the owner of all the lots in Muskrat Slough Subdivision and is
desirous of subjecting said real property to the conditions, convenants, and
restrictions hereafter set forth, each and all of which are for the benefit of said
property and for each owner and contract purchaser thereof, which shall inure to the
benefit of and pass with said property and each and every parcel thereof and apply to
and bind the successors in interest of any owner or contract purchaser thereof,
NOW THEREFORE, the Declarant, having established a general plan for the improvement and
development of said property does hereby establish the conditions, covenants, and restrictions
upon which and subject to which all property and any portions thereof shall be improved or sold
and conveyed by them as owner and hereby declare that said property is and shall be held,
transferred, sold and conveyed subject to the conditions, covenants, and restrictions hereafter set
forth which are to run with the land and shall be binding upon all successors in interest to the
Declarant.
ARTICLE I
DEFINITIONS
Section I: "Associations" shall mean and refer to the Muskrat Slough Homeowners
Association, Inc., a non-profit corporation.
Section 2: "Properties" shall mean and refer to that certain property described herein as
Muskrat Slough. "Properties" shall also mean and refer to any addition of real properties as may
hereafter be brought within the jurisdiction of the Association, excepting that such reference shall
it no way subject such additions to the protective covenants hereinafter set forth. All future
addition to Muskrat Slough although being part of the Association, shall have their own protective
covenants in keeping with Muskrat Slough overall plan of development.
Section 3: "Common Area" shall mean all real property owned by the Association for
the common use and enjoyment of the members of the Association.
Section 4: "Lot" shall mean and refer to any plot of land shown upon any recorded
subdivision map of Muskrat Slough Subdivision with the exception of any common area.
Section 5: "Member" shall mean and refer to every person or entity who is a member of
the Association.
Section 6: "Owner" shall mean and refer to every person or entity who is a record owner
of a fee, or undivided fee, interest in any lot which is subject by covenants of record to assessment
by the Association. Record owners who have sold any lot under contract for deed shall not be
considered owners but the purchasers of any lot who are purchasing any lot or condominium unit
under a contract for deed shall be considered the owner for all purposes herein. Persons or entities
having an interest in any lot merely as security for the performance of an obligation are hereby
excluded.
Section 7: "Declarant" shall mean and refer to Muskrat Slough Partnership.
ARTICLE II
PROTECTIVE COVENANTS
The real property located within the exterior boundaries of Muskrat Slough Subdivision
is hereby subjected to these conditions, covenants, and restrictions to insure the best use and the
most appropriate development and improvements of each lot created, to protect the owners and
contract purchasers of tracts of land against such improper use of surrounding building lots as will
depreciate the value of their property; to preserve so far as is practicable the natural beauty of said
property; to guard against the construction of buildings of improper or unsuitable material; to
provide for architectural control of buildings proposed to be constructed on a lot; to insure the
highest and best development of said property, to encourage and secure the construction of
attractive buildings and to provide for high quality improvements on said property and thereby to
enhance the values of improvements made by purchasers of lots.
Section 1: Architectural Control committee. The Architectural Control Committee shall
consist of the Board of Directors of the Association or of a special Architectural Control
Committee of at least three persons appointed by the Board of Directors of the Association all of
whom must be members of the Association.
Section 2: Architectural Control. All lot owners intending to construct a dwelling or
build any type structure whatever upon any lot shall first submit their plans and specifications in
writing to the Architectural Control Committee. No dwelling, house or other structures, including
but not limited to fences, tool sheds, pet enclosures, shall be erected, placed or altered on any lot
until the construction plans and specifications and the proposed site have been approved in writing
by the Architectural Control Committee as to the quality of workmanship, materials, harmony of
external design with existing structures and location of the structure with respect to topography
and lot lines and finish grade elevation. The approval herein required shall also be required with
respect to any alteration in the exterior appearance of an existing building including changes in the
type of siding or roofing.
Section 3: Approval by Committee. Approval or disapproval by the Architectural
Control Committee must be in writing. In the event the Committee fails to act within 30 days after
proposed plans and specifications of any structure have been submitted to them in writing, or in
any event, if not suit to enjoin the construction has been commenced prior to completion of the
entire dwelling, no specific approval shall be required for such structure and the pertinent
provisions of this Declaration shall be deemed to have been fully complied with.
Section 4: Interference with Easements: Easements for installation and maintenance of
utilities and drainage facilities are reserved over, under and across affected lots and granted to the
present and future owners of lots benefited as such easements are shown on the record plats (and
any amended plats) of Muskrat Slough Subdivision and for the use and benefit of any lot owners
of any other property annexed as provided herein. All utility services including telephone, cable
television, and electricity shall be placed underground by the developer or lot owner whichever the
case may be. Any lot owner who shall place any building, improvements, shrub, hedge or tree on
any easement shall be required without notice at the request of any other affected lot owner or
utility company to remove such structure, improvement or vegetation if such removal shall
facilitate installation, repair or maintenance of utilities within said easement area.
Section 5: Land Use and Building Type: No structure shall be erected, altered, placed or
permitted on any portion of any lot other than a single family private dwelling having a garage no
larger than is convenient and necessary for the storage of three (3) automobiles, boats, or pickup
trucks. Such other buildings as may be incidental to residential use of the property are permitted
but in no case shall there be constructed or maintained any garage or storage facility larger than is
necessary to accommodate a conventional pickup truck and camper or boat and trailer not to
exceed twelve (12) feet in height.
Section 6: Land Use: No trade, craft, business, profession, commercial, or manufacturing
activity at any time shall be carried on or conducted from any single family residence, multiple
family residence, or commercial residence or commercial unit. However, those arts, crafts, or
professions conducted solely by family members conducted entirely within residential structures
shall be permissible. Except however, childcare activities such as daycare, nursery school, or
group day care homes shall not be allowed or conducted on any lot or within any residential
structure. No traffic shall be generated by such home activities in greater volume than would
normally be expected in a residential neighborhood. No equipment or process shall be used which
creates visual or audible interference with any radio, television, or telephone receivers off the
premises or which cause fluctuation in electrical line voltage off the premises. No satellite
television or radio receiver or antenna exceeding 4 feet in diameter shall be allowed on any lot
unless it is screened from view.
Section 7: Construction Standards: The following construction standards shall be
followed for all buildings placed on the lots.
(a) All construction once begun shall be completed as to exterior finish within one (1)
year after start of construction.
(b) No structure of any kind of what is commonly known as "boxed" or "sheet metal'
construction shall be built or moved onto any lot.
(c) No structure commonly described as " mobile home" or "trailer" shall be placed or
remain on any lot for any purpose except that recreational vehicles and travel trailers
may be kept and used, subject however to Section 11 of this Article.
(d) No building or any lot shall have metal exterior siding or roofing.
(e) No structure commonly described as "A -frame" shall be permitted on any lot.
(f) Each structure once constructed on a lot shall be kept in the same condition as at the
time of its initial construction, excepting only normal wear and tear. All structures
shall be preserved and of pleasant appearance by maintaining paint, stain or sealer as
needed. If any structure is damaged in anyway, the owner shall with due diligence
rebuild, repair, and restore the structure to its appearance and condition prior to the
casualty. Reconstruction shall be completed within one year of the casualty.
(g) The ground floor area of the main structure exclusive of open porches, basements,
and garages, shall not be less than 1,400 square feet. No structure shall exceed two
stories in height. i
(h) All house numbers will be visible from the road, either at the driveway entrance or
on the house.
(i) Only Class A and Class B fire resistant roofing materials are allowed. Wood shake
shingles treated or otherwise, are prohibited.
Section 8: Seeding, Planting, and Weed Control. Wild weeds and grass shall be mowed
on a regular basis to prevent them from reaching seed stage. Whenever a structure is constructed
on any lot, the owner of said lot shall within a reasonable time thereafter seed and plant a lawn or
other vegetable ground cover.
Section 9: Signs: No advertising signs other than one small "for sale' or "for rent" sign
shall be exhibited in any way upon a lot; however, for a period of fifteen years the Declarant shall
be permitted to place signs upon unsold properties. No parking signs shall be installed and
maintained by the association in all cul-de-sac areas.
Section 10: Pets: No animals, reptiles or livestock of any kind other than a dog, cat, or
bird shall be kept or maintained on any lot for any purpose. All animals permitted by this section
shall be contained within the boundaries of their owner's lot. Provided however, any animal that
barks, howls, bites, roams at large or chases vehicles shall not be kept within the subdivision at
any time.
Section 11: Parking: No mobile homes, trucks exceeding one -ton capacity, trailers, boats
or inoperable or unsightly vehicles shall at any time be parked on any road or lot within the
subdivision except those vehicles or equipment that are stored with the confines of a lot owners
garage. Commercial or constriction equipment may be stored on a lot site or street only during
periods of construction. For single family lots, multiple dwellings lots, and commercial lots, off
street parking spaces shall be provided for each dwelling unit or commercial unit, whichever the
case may be, in a ratio of two (2) parking spaces per dwelling unit or commercial unit
Section 12: Lot Appearance: No part of any lot shall be used to store or place rubbish,
trash, garbage, junk cars, or other unsightly objects.
Section 13: Setback lines: No buildings shall be located on any lot closer than five (5)
feet to the property line or utility easement and twenty (20) feet to the street lines. Furthermore,
no building, structure, fence, shrub, or tree shall be placed which would obstruct the view of
motorists.
Section 14: Exterior Maintenance: Each lot owner shall provide for exterior maintenance
of their structures including paint, staining, sealing, and repairs. Each lot owner shall avoid
accumulation of refuse, unsightly objects, or their materials prohibited by these covenants.
Section 15: Sewage. All lots shall be hooked up to the City of Kalispell Water and Sewer
District sewer system at the lot owner's expense and according to the District's rules and
regulations. No individual sewage system shall be permitted at any time on any lot.
Section 16: Garbage: It is the responsibility of each lot owner to haul and dispose of or
contract for the hauling and disposition of all solid waste from each lot. All garbage cans used in
connection with any dwelling on any lot shall either be sunk in the ground to ground line, placed
in an enclosure completely screened from view or kept in the garage.
Section 17: Nuisances: No noxious or offensive activity shall be carried on or permitted
upon any of the lots, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood; nor shall a lot be used in any way or for any purpose
which may endanger the health or safety of, or unreasonably disturb the residents of any lot. Out
door barbecues are not considers nuisances under this section
Section IS: Boundary Control Monuments. The Declarant has caused survey monuments
to be placed on the comers of each lot. It shall be the responsibility of the owner of each lot to
immediately provide for professional replacement of any survey monuments that are removed, lost
or obliterated from the lot.
Section 19: Maximum lot coverage. Covering a lot by impervious materials such as
roofs, asphalt, concrete, etc, shall not exceed 75% of the total area of the lot, or combination of
lots in case of more than one lot being used for one living structure.
Section 20: Any resubdivision of a lot would be a resubdivision of a major subdivision
and would be required to be processed as an amendment to Muskrat Slough Subdivision, a major
subdivision.
ARTICLE III
MEMEBERSI M
Section 1: Every person or entity who is a record owner of any lot which is subject by
covenants of record to assessments by the Association., whether in Muskrat Slough or in any
additions thereof, shall be a member of the Association; excepting however, any person or entity
who has sold or is selling any such lot under a contract for deed shall not qualify as a member of
the Association. Every person or entity purchasing any such lot under a contract for deed shall be
a member of the Association.
Section 2: The forgoing is not intended to include persons or entities who hold an interest
merely as security for the performance of an obligation. Membership shall be appurtenant to and
may not be separated from the ownership of the lot, which is subject to assessments, by the
Association. Ownership of a lot shall be the sole qualification for membership. Declarant shall
be considered as landowner for the purposes of association membership, and shall therefore be a
member of the Association so long as the Declarant owns one or more lots, which are subject by
covenants of record to assessments by the Association.
ARTICLE W
VOTING
All members shall be entitled to one (1) vote for each lot in which they hold the interest
required for membership. When more than one person holds such interest in any lot, the vote for
such lot shall be exercised as such persons among themselves determine but in no event shall more
than one (1) vote be cast with respect to any lot.
ARTICLE V
TERM OF DECLARATION
The provisions for this declaration shall be binding for a term of twenty (20) years from
the date of this declaration after which time the Declaration shall automatically be extended for
successive periods often (10) years unless there shall be recorded an instrument signed by the
owners of 75%of the lots who agree to change this declaration in whole or in part.
ul: �P ul: �•..
This Declaration may be amended from time to time by recording an instrument in
writing signed by the owners of a least 75% of the lots in Muskrat Slough and a majority of the
Board of County Commissioners of Flathead County agreeing to such amendments.
ARTICLE VII
ENFORCEMENT
Section 1: The Declarant or any lot owner shall have the right to enforce by any
proceeding at law or in equity all restrictions, conditions, covenants, and amendments now or
hereafter imposed pursuant to the provisions of this declaration. The failure of the Declarant, the
Architectural Control Committee or any owner to enforce any covenant or restriction herein
contained shall not be deemed to be a waiver of the right to do so thereafter. The Declarant shall
not have the duty to take any affirmative action to enforce any restrictive convents nor shall it be
subject to any liability for its failure to so act.
Section 2: The Architectural Control Committee may notify any owner violating any
restrictive covenants specifying the failure and demanding that it be remedied within a period of
thirty (30) days. If the owner fails or refuses to remedy the violation, the committee, at the lot
owners expense, shall correct the deficiencies set forth in the notice. If the lot owner fails to
reimburse the committee 30 days after mailing a statement for correcting the deficiencies, the
committee through association may institute a civil action to collect such sum of money together
with court costs and reasonable attorney fees. No entry upon a lot by the committee, or its agent
for purposes of enforcing these covenants shall be deemed a civil or criminal trespass.
Section 3: Attorneys Fees: If any person entitled to do so shall commence legal
proceedings in court to enforce any provisions of this agreement, the prevailing party in such
action shall be entitled to recover from the other party reasonable attorneys fees and costs of said
action.
Section 4: Severability: Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect the remaining provisions which shall remain in
force and effect.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto
caused this instrument to be executed the day and year first above written.
MUSKRAT SLOUGH SUBDIVISION
By:
Its
STATE OF MONTANA )
)ss
County of Flathead )
On this day of 2001, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared
Known to me to be the person whose names is subscribed to the within instrument and
acknowledged to me that they executed the same on the behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the
day and year in this certificate last above written
Notary Public for the State of Montana
Residing at
My Commission Expires
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
April 17, 2001
Bret A. Birk, P.E.
2302 Highway 2 East, Ste. #9
Kalispell, Mt. 59901
Re: Proposed Muskrat Slough Subdivision
Dear Mr. Birk:
The writer has reviewed the preliminary drawing of the referenced subdivision which shows the water
coming from the main in Russell Drive and the sanitary sewer flowing to the Kelly Road Lift Station.
The lift station was designed with a total capacity of 150,000 GPD. Presently, the committed loading
to the lift station is approximately 81,000 GPD, which leaves a reserve capacity for future
development of 69,000 GPD. Attached are our Design Standards which will provide you with the
development requirements for the subdivision. If you have further questions, please feel free to give
me a call.
Respectfully,
chard Amerman, P.E.
Assistant City Engineer
Attachment: As Stated
SUBDIVISION APPLICATION FORM
Montana Department of Environmental Cuality
Local Government Joint Acclication Fcrm
Section 76-4-129, MCA, provides that this Join, Subdivision Application. Form may be used to
apply for Montana Department of Environmental Quality IDEQI approval of subdivisions under the
Sanitation in Subdivision Act and for subdivision approval by local governments under the
Subdivision and Platting Act. The form replaces DEQ from E.S. 91 and local preliminary plat
approval forms. Land owners thus are relieved from the burden of providing similar information an
different forms under trio separate laws, Please consult with your local planning board or health
deoartmert cr DEC regardino the orocer submittal of this application and suoportinq materials.
A. When applying for subdivision review by the planning board and local governing body, the
following parts of this form must be completed and submitted to the governing body or its
designated agent:
1 . Part I must be completed for all subdivisions required to be reviewed and approved by
the local governing body.
2. Parts I. II and III must be completed for all subdivisions for which local subdivision
regulations require submittal of an environmental assessment.
B. When applying for review of subdivisions by DEQ, the following parts of this form must be
completed and submitted to DEC. If the proposed subdivision is located in a county
contracted to perform the review of minor subdivisions (five or fewer lots), application must
be made to the local health department.
Parts I and II must be completed for all subdivisions subject to review and approval by
DEQ.
C. When applying for concurrent review of the subdivision by the local governing body and by
DEQ, the following parts of this form must be completed and submitted to the local
governing body or its designated agent, or to DEQ:
1. Parts I and II must be completed for all subdivisions for which concurrent review is
requested.
2. Parts I, II and III must be completed for all subdivisions for which local subdivision
regulations require submittal of an environmental assessment.
Copies of this Joint Application Form are available from:
- Montana Department of Environmental Quality, Permitting and Compliance Division;
- Montana Department of Commerce, Economic and Community development Division;
- local sanitarians: and
- local planning offices.
REVISED 9/99
1
Montana Department c' Environmental Quality'
Local Government Jo-nt Aochcaticn Form
PART I. GENERAL DESCRIPTION AND INFORP'7I0N
1. Name of proposed development
2. Location (City and/or County) t f / Ill/llll /'
Jt��i LATr{7E4,fi)
Legal description: 5E 1/4 /VTL 1i4 of Section Z TownshipZgS Ranged (-rvV)
3. Is concurrent review by the local governing body and DHSS requested?
Yes X No
4. Type of water supply system: Individual or shared well Individual cistern_
Individual surface water supply for spring Multiple -family water supply system
(3-14 connections and fewer than 25 people) Service connection to multiple -
family system _ Service connection to public system Extension of public
main )_ New public system
5. Type of wastewater treatment system: Individual or shared on -site septic system
Multiple -family on -site system (3-14 connections and fewer than 25 people)
Service connection to multiple -family system Service connection to
public system Extension of public main X New public system
6. Name of solid waste (garbage) disposal site
7. Is information included which substantiates that there, will be no degradation of state
`
waters or that degradation will be nonsignificant? YS_3
If not, have you enclosed an Application to Degrade?
B. Descriptive Data:
a. Number of lots or rental spaces
b. Total acreage in lots being reviewed
C. Total acreage in streets or roads
d. Total acreage in parks, open space, a
e. TOTAL gross acreage of subdivision
f. Minimum size of lots or spaces _
g. Maximum size of lots or spaces
9. Indicate the proposed use(s) and number of lots or spaces in each:
Residential, single family
Residential, multiple family
,;20 D j Types of multiple family structures and numbers of each (e.g.
Planned Unit Development (No. of units )
Condominium (No. of units )
Mobile Home Park Recreational Vehicle Park
Commercial or Industrial
Other (please describe)
duplex)
F
10. Provide the following information regarding the development: -
a. Current land use
b. Existing zoning or otner regulations C. Depth to ground •rater at the nme of year wnen .vatz tacle is nearest to the
natural ground surface within the drainfield
d. Depth to bedrock or other impervious material in the drainfield area
e. An overall development plan indicating the intent for the development of the
remainder of the tract, if a tract of land is to be subdivided in phases.
f, Drafts of any covenants and restrictions to be included in deeds or contracts for
sale.
g. Drafts of homeowners' association bylaws and articles of incorporation, if
applicable. (Subminng a draft copy of a homeowners' association bylaws and
articles of incorporation is adequate for DEC to initiate and complete its review
of sanitary facilities, but a copy of the fully executed documents must be
submitted before DEC can issue final approval.)
I understand that:
A person may not file a subdivision plat with a country clerk and recorder, make disposition of any
lot [sell, rent, lease or otherwise convey title to or possession of a lotl, erect any facility for the
supply of water or disposal of sewage or solid waste, or occupy a permanent building in a
subdivision until the reviewing authority has indicated that the subdivision is subject to no sanitary
restrictions (76-4-123, MCA) [Parenthetical text added for clarification].
I designate
purposes of this application.
as my representative for
Name, address and telephone number of designated representative, if any (e.g., engineer,
surveyor).
Name //�� Phone
Address (Street or P.O. Box, City, State, Zip Code
Signature of owner Print name of owner
Address (Street or P.O. Box, City, State, Zip Code)
Date
(The statement must be signed by the owner of the land proposed for subdivision or the
responsible officer of the corporation offering the same for sale.)
Notice:
The statutory time frame for each review is 60 days. Resubmittal of denied applications restarts
the time frame. The estimated time for the Department to act on a properly completed subdivision
application is 9 days for minor subdivisions reviewed by a local department of health under contract
to the Department, and, during non -peak times, 45 days for major subdivisions (6 or more lots) and
minor subdivisions not reviewed by a local department of health. (Local health departments review
minor subdivisions within 50 days of receipt of a properly completed application form.)
7
The Daily Inter Lake, Sunday, July 29, 2001 — D7
No. 4913
NOTICE OF PUBLIC
HEARING
KALISPELL CITY -
COUNTY PLANNING
BOARD AND ZONING
COMMISSION
Muskrat Slough Subdi-
vision Annexation and
Initial Zoning
Muskrat Slough Subdi-
vision Preliminary Plat-
20 Lot Subdivision
The regular meeting of
the Kalispell City -Coun-
ty Planning Board and
Zoning Commission is
scheduled for Tuesday,
August 14, 2001 begin-
ning at 7:00 PM in the
Kalispell City Council
Chambers, Kalispell
City Hall, 312 First Ave-
nue East, Kalispell. Dur-
ing the regularly sched-
uled meeting of the
planning board, the
board will hold public
hearings and take public
comments on the follow-
ing agenda items. The
board will make a rec-
ommendation to the Ka-
lispell City Council who
will take final action.
1. A request by Tim
Birk for annexation into
the City of Kalispell and
an initial zoning desig-
nation of R-4, a Resi-
dential zoning district
which has a 6,000
square foot minimum lot
size requirement and -al-
lows duplexes and sin-
gle-family residences as
permitted uses. The
property proposed for
annexation contains ap-
proximately 8.98 acres
and lies on the north
side of Russell Drive,
west Willow Glen Drive
and south of Kelly Road
in southwest Kalispell.
The property is currently
in the County zoning ju-
risdiction and is zoned
R-5, a Two -Family Resi-
dential zoning district
which has a minimum
lot size requirement of
5,400 square feet and
allows duplexes and
single-family residences
as permitted uses. The
purpose of the annexa-
tion and zoning is for a
20-lot residential subdi-
vision known as Musk-
rat Slough Subdivision
!` at has been filed con-
currently with the an-
rexation request. The
rroperty proposed for
a inexation can be de-
scribed as Assessor's
Tracts 7N and 7OH lo-
cated in Section 20,
Township 28 North,
Fangs 21 West,
P.M.M., Flathead Coun-
ty, Montana and as fur-
ther described in Exhibit
B.
2. A request by Tim
Birk for preliminary plat
approval- of a 20 lot resi-
dential subdivision
known as Muskrat
Slough Subdivision.
The subdivision con-
tains approximately 8.98
acres total with 4.90
acres in lots, 0.93 acres
in roads and 3.15 acres
in common area. Lots
in the subdivision range
in size from 8,090
square feet to 14,480
square feet. A new
public roadway will be
extended to serve the
subdivision. A request
for annexation into the
City of Kalispell has
been filed concurrently
with the subdivision with
a request for City R-4
zoning, a Residential
zoning district, upon an-
nexation. This zone al-
lows duplexes and sin-
gle-family residences as
permitted uses. The
property proposed for
subdivision is located on
the north side of Russell
Drive, west Willow Glen
Drive and south of Kelly
Road in southwest Ka-
lispell. The property
can be described as As-
sessor's Tracts 7H and
7OH located in Section
20, Township 28 North,
Range 21 West,
P.M.M., Flathead Coun-
ty, Montana.
Documents pertaining
to these agenda items
are on file for public in-
spection in the Tri-City
Planning Office, 17 Sec-
ond Street East, Suite
211, Kalispell, MT
59901, and are availa-
ble for public review
during regular office
hours.
Interested persons are
encouraged to attend
the hearings and make
their views and con-
cerns known to the
Board. Comments in
writing may be submit-
ted to the Tri-City Plan-
ning Office at the above
address prior to the date
of the hearing or you
may contact Narda Wil-
son, Senior Planner, at
(406) 751-1850 for addi-
tional information.
;s/Thomas R. Jentz
Thomas R. Jentz
Planning Director
July 29, 2001
FRDO
S-98
CERTIFICATION
APPLICANT: TIM DIRK #KA-01-3 / MUSKRAT SLOUGH KPP-01-1
FRDO FILE #:
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 landown •s adioining the property lines
of the property that is to be subdivided.
Date: 7- ,zZ % - M
Assessor's S-T-R Lot/Tract Property Owner
No. No. & Mail Address
DIRK ENGINEERING
2302 HIGMgAY 2 EAST #9
KALISPELL MT 59901
SEE ATTACHED LIST
NOTICE OF PUBLIC HEARING
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Muskrat Slough Subdivision Annexation and Initial Zoning
Muskrat Slough Subdivision Preliminary Plat - 20 Lot Subdivision
The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is
scheduled for Tuesday, August 14, 2001 beginning at 7:00 PM in the Kalispell City Council
Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly
scheduled meeting of the planning board, the board will hold public hearings and take public
comments on the following agenda items. The board will make a recommendation to the
Kalispell City Council who will take final action.
1. A request by Tim Birk for annexation into the City of Kalispell and an initial zoning
designation of R-4, a Residential zoning district which has a 6,000 square foot minimum
lot size requirement and allows duplexes and single-family residences as permitted uses.
The property proposed for annexation contains approximately 8.98 acres and lies on the
north side of Russell Drive, west Willow Glen Drive and south of Kelly Road in southwest
Kalispell. The property is currently in the County zoning jurisdiction and is zoned R-5, a
Two -Family Residential zoning district which has a minimum lot size requirement of 5,400
square feet and allows duplexes and single-family residences as permitted uses. The
purpose of the annexation and zoning is for a 20-lot residential subdivision known as
Muskrat Slough Subdivision that has been filed concurrently with the annexation request.
The property proposed for annexation can be described as Assessor's Tracts 7N and 7OH
located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana and as further described in Exhibit B.
2. A request by Tim Birk for preliminary plat approval of a 20 lot residential subdivision
known as Muskrat Slough Subdivision. The subdivision contains approximately 8.98
acres total with 4.90 acres in lots, 0.93 acres in roads and 3.15 acres in common area.
Lots in the subdivision range in size from 8,090 square feet to 14,480 square feet. A new
public roadway will be extended to serve the subdivision. A request for annexation into
the City of Kalispell has been filed concurrently with the subdivision with a request for
City R-4 zoning, a Residential zoning district, upon annexation. This zone allows duplexes
and single-family residences as permitted uses. The property proposed for subdivision is
located on the north side of Russell Drive, west Willow Glen Drive and south of Kelly Road
in southwest Kalispell. The property can be described as Assessor's Tracts 7H and 7OH
located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
Documents pertaining to these agenda items are on file for public inspection in 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 hearings and make their views and concerns
known to the Board. Comments in writing may be submitted to the Tri-City Planning Office at
the above address prior to the date of the hearing or you may contact Narda Wilson, Senior
Planner, at (406) 751-1850 for additional information.
;
Thomas R. Jentz
Planning Director
89 76
77
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VICINITY MAP
TIM BIRK / BIRK ENGINEERING
PRELIMINARY PLAT (MUSKRAT SLOUGH SUBDIVISION)
A 20 LOT RESIDENTIAL DUPLEX SUBDIVISION ON 8.98 ACRES
& ANNEXATION AND INITIAL ZONING OF R-4, RESIDENTIAL
FROM R-5, TWO FAMILY RESIDENTIAL
WILLOW GLEN ZONING DISTRICT
PIDT DATE: 7/20/01
FILE# KPP-01-1 SCALE 1" = 350' H:\gis\slte\kpp01_1.dwg
I
APPROVED �_ J
Name
Traci A. Deglow
Ass. No. 0970687
Ramona G. Fierro
Ass. No. 0980774
Gary D. & Kathleen Hunnewell
Ass. No. 0000374
James H. & Elizabeth B. Klein
Ass. No. 0000375
Norma L. Denmark Trust
Ass. No. 0000376
Thomas E. & Atsuko T. Snyder
Ass. No. 0000377
Allen R. Halverson
Ass. No.0000378
Janal J. Carlson
Ass. No. 0970965
Lee N. Motley
Ass. No. 0970966
Fi-.4TREAr QrT-.;..,-;;., -
Surrounding Land Ownership
Address
Section 20. T.28N., R.21W.
415 Parkway Dr.
Kalispell, MT 59901
624 Kelly Rd.
Kalispell, MT 59901
2189 S. Woodland Dr.
Kalispell, MT 59901
112 Russell Dr.
Kalispell, MT 59901
108 Russell Dr.
Kalispell, MT 59901
104 Russell Dr.
Kalispell, MT 59901
100 Russell Dr.
Kalispell, MT 59901
P.O. Box 9512
Kalispell, MT 59904
576 Kelly Rd.
Kalispell, MT 59901
COUNTY PLAT ROOM
800 S. Main
Kalispell, MT 59901
Lot/Subdivison
Tract
Lot 1
Tower Addition
Lot 2
Tower Addition
Lot 11
Meadow Park, Unit 2
Lot 12
Meadow Park, Unit 2
Lot 13
Meadow Park, Unit 2
Lot 14
Meadow Park, Unit 2
Lot 15
Meadow Park, Unit 2
Lot 126
Greenacres West,
Unit 4
Lot 127
Greenacres West,
Unit 4
Thomas J. & Catherine D. Adolph 564 Kelly Rd. Lot 128
Ass. No. 0970967 Kalispell, MT 59901 Greenacres West,
Unit 4
Darin A. Woeppel 552 Kelly Rd. Lot 129
Ass. No. 0970968 Kalispell, MT 59901 Greenacres West,
Unit 4
Scott A. & Linda M. Roberts 540 Kelly Rd. Lot 130
Ass. No. 0970969 Kalispell, MT 59901 Greenacres West,
Unit 4
Dixie J. Palmer 528 Kelly Rd. Lot 131
Ass. No. 0970970 Kalispell, MT 59901 Greenacres West,
Unit 4
John G. & Kristine D. Garlough 516 Kelly Rd. Lot 132
Ass. No. 0970971 Kalispell, MT 59901 Greenacres West,
Unit 4
Walter C. Kroemer P.O. Box 2958 Lot 133
Ass. No. 0970972 Kalispell, MT 59903 Greenacres West,
Unit 4
Burl D. & Deborah K. French 669 West Valley Dr. Lot 134
Ass. No. 0970973 Kalispell, MT 59901 Greenacres West,
Unit 4
Dorothy J. Fuller 1560 Eagle Dr. Lot 135
Ass. No. 0970974 Kalispell, MT 59901 Greenacres West,
Unit 4
Michael D. & Penny C. Kiger 1566 Eagle Dr. Lot 136
Ass. No. 0970975 Kalispell, MT 59901 Greenacres West,
Unit 4
Debra J. Borgen 1572 Eagle Dr. Lot 137
Ass. No. 0970976 Kalispell, MT 59901 Greenacres West,
Unit 4
Miranda D. Morrison 1578 Eagle Dr. Lot 138
Michael F. Powers Kalispell, MT 59901 Greenacres West,
Ass. No. 0976607 Unit 4
Lee C. Lykins
Patricia L. Tintinger
Ass. No. 0970978
Lee Lykins
Patty Tintinger
Ass. No. 0970979
1590 Eagle Dr.
Kalispell, MT 59901
1590 Eagle Dr.
Kalispell, MT 59901
Lot 139
Greenacres West,
Unit 4
Lot 140
Greenacres West,
Unit 4
Jeffrey Scott & Heidimarie Lamoreaux 1596 Eagle Dr. Lot 141
Ass. No. 0970980 Kalispell, MT 59901 Greenacres West,
Unit 4
Laura L. Lash 2141 S. Woodland Dr. Lot 142
Ass. No. 0970961 Kalispell, MT 59901 Greenacres West,
Unit 4
Verna M. Day P.O. Box 784 Lot 143
Ass. No. 0970982 Kalispell, MT 59903 Greenacres West,
Unit 4
Douglas L. Tu 1405 Whalebone Dr. Lot 144A
Ass. No. 0970983 Kalispell, MT 59901 Lots 144-147 Amd.
Greenacres West,
Unit 4
Kent D. & Annette R. Gunderson P.O. Box 512 Lot 145A
Ass. No. 0970984 Kalispell, MT 59903 Lots 144-147 Amd.
Greenacres West,
Unit 4
Karen T. Carter 2171 S. Woodland Dr. Lot 147A
Ass. No. 0970986 Kalispell, MT 59901 Lots 144-147 Amd.
Greenacres West,
Unit 4
Ronald T. Reeves 2177 S. Woodland Dr. Lot 148A
Ester M. Hadley Kalispell, MT 59901 Lots 148-149 Amd.
Ass. No. 0970987 Greenacres West,
Unit 4
Section 21, T.28N., R.21W.
Flathead County 800 S. Main 9r 1
Ass. No. E002803 Kalispell, MT 59901
Richard R. Donahue
1005 Willow Glen Dr.
4-C
Ass. No. 0002405
Kalispell, MT 69901
0753750
7hbr-alu MCFkjAeo✓1
?Q �X 515
Lot 1
Ass. No. 0004374
Kalispell, MT 59901
The Willows, Unit 2
EV i K t s dal tZn C tS+�{
zio L! rgmw LN
Lot 2
Ass. No. 0002617
Kalispell, MT 59903
The Willows, Unit 1
Cihr-iStDpile"i?� �(�i}�G Sishop
I1z &aV'a55 Ljv
Lot
Ass. No. 0002618
Kalispell, MT 59903
The Willows, Unit 1
Fir -Len 9 & Candace Weishaar 116 Beargrass Ln. Lot 4
Ass. No. 0002619 Kalispell, MT 59901 The Willows, Unit 1
Jeff & Tammy Pearce 120 Beargrass Ln. Lot 5
Ass. No. 0002620 Kalispell, MT 59901 The Willows, Unit 1
Ken C. & Christy A. Nouque 124 Beargrass Ln. Lot 6
Ass, No. 0002621 Kalispell, MT 59901 The Willows, Unit 1
Brett D. & Alice E. Bennetts 128 Beargrass Ln. Lot 7
Ass. No. 0002622 Kalispell, MT 59901 The Willows, Unit 1
Joseph William gOttCIL P.O. Box 5259 Lot 6
Anne Deniston Russell Kalispell, MT 59903 The Willows, Unit 1
Ass. No. 0002623
Joseph William gU.S5e-I.L P.O. Box 5259 Lot 9
Anne Deniston Russell Kalispell, MT 59903 The Willows, Unit 1
Ass. No. 0002624
HP —Pavilion (C:)>Land Projects R2>projects>mkd>ownershgrs
SITE DEVELOPMENT REVIEW COMMITTEE SUMMARY
Thursday, August 2, 2001
Building Department Conference Room
FN0004011IN
Dick Amerman, Asst. City Engineer Tom Jentz, Director, Tri-City Plan. Office
Mike Baker, Parks & Recreation Director Craig Kerzman, Building Official
Jim Brown, Asst. Police Chief Dick Seddon, Fire Marshall
Darryl Byle, Plans Examiner P. J. Sorensen, Zoning Administrator, Chair
Guest: Mike Absalonson, Architects Design Group
Terry Richmond from Morrison-Maierle
Bruce Lutz, Sitescape Associates
Mark E. Cipos and Jason Hatten from L'Heureux, Page, and Werner
OLD BUSINESS:
NEW BUSINESS:
County Health Department Building -Stuff ready to submit. Between Ilband l0d'
Streets, just south of Justice Center on West side of block. Site location and parking
location. Full series of site plans to performed. Terry Richmond has drainage plans.
28,000 square feet community health, reproductive health, and the Flathead County
Planning Office. Within R-4 zone. Agency exemption board of adjustment hearing
in September. Could be short on parking - within 12 spaces. Looking at proceeding
with discussion with Commissioners to discuss additional parking north of the Justice
Center along First. Jentz asked if,abandoning the alley is an option. No. Second
building down the road and improving the alley for access to the Justice Center and
the utilitarian uses. Bruce Lutz - landscaping - replace north, west, and south side
sidewalks. Three street trees on south and reside trees, sodding, edging, etc.
landscaping site. One island in parking lot to go with drainage. Access from the
north side. Similar to Justice Center as they did previously. 10" Street access? May
request to close the street. Too much traffic on 10'". Traffic on I1`h can also be
backed up even with the light. Traffic situation. Drainage standpoint, first Avenue
West and I P street. Will be racked to the north. Cath basic added to the northwest
comer of the block. Run into 36" storm drain aong First Avenue West. Master Plan
with HDR - in 10 year storm drain event. Existing storm drain has plenty of capacity.
Could have backup. Graded the parking lot it is depressed. Storm drains - modeling
it would have some surcharging. Could have puddle in parking lot. No trees will be
needed to be thinned out. Do 3" and spec it. Boulevard size on south - sidewalks on
property line. 1" - 25' 12'/z feet. Nice trees on site. Arborist do trim some of the
existing trees put on construction pruning schedule. Mike Absalonson will put in a
request in the Parks Department. Public bus access has been put in. Bicycling
parking. Abandonment of sewer and water systems sewer capped at area - curb stop
left in - on houses. Disconnect service line. Sidewalks on 10'", 11', and First Avenue
should be maintained for pedestrians during construction. Tenth and Eleventh need
new sidewalks as first order of business - will have protective fence. Seddon - Type
2 one hour fully sprinkled. 4" water line into building. Tapping sleeve on 8" capped
water line - no curb stop with 4" PVC running into the building. A revised drawing
will be provided. P.J. said the existing property lines need to be removed.
Absalonson will discuss this with the County. 15 and 15 on front and sides setback
as if it were a single piece of property. Height of building - facades were presented.
30 foot parapets. Similar to the Justice Center, windows and frame. Scale - same,
massing size will be relatively small, broader but shorter. Signage is simple. On
retaining wall "Flathead City / County Health Department" and sign on building on
north face "Earl Bennett Building". Setup plans with elevations, cord sheet, site plan,
storm water calculations, legal description attached to review. Roof drain. Fire and
Public Works to take site plan. Back on agenda next week. Traffic problem -right
turn on to Main or go to First. No parking on 10' street perhaps.
Western Montana Mental Health Center - Mark E. Cipos and Jason Hatten from
L'Heureux, Page, and Werner - Four buildings (2 lots) that serve the mental health
needs of the area - adults and children. Site work is in place. Berming with grades.
Storm drain report by TD & H. Fits in with the Buffalo Commons subdivision.
Buildings are generally one-story - some will have two story elements. Preliminary -
Swank is selected. Footing and foundation permit first. Type 5 in construction,
Added driveway area for fire truck access structure 25,000 square feet including two
day -fight basements that will be unfinished presently, allowing for future expansion.
Buffalo Commons regulations. Occupancy maximums? Will get back to us on that.
No more than 150 feet away form access. Required loading area needs to not be in
the front of the building. Two lot lines? Jentz said it could be a hindrance. Five foot
setbacks for parking. Need to get rid of separate lot lines. Gone through design
review by hospital and to be compatible with the neighborhood. Gable use
throughout the project. Has been approved by the Architectural Review Committee.
Landscaping plan - drought compatible trees, boulevard trees along Windward Way,
bermed areas give seclusion for pads. $63,000 for landscaping. 2.1 acres. Species
selection for boulevard trees and caliper size need to be looked at by Parks. They will
submit the list of trees to Mike Baker. Darryl - address not known yet. Permit was
sent yesterday. Check with Public Works for address. Swank will begin? grade as
soon as possible. In by next spring. Tax status? Ties into existing right-of-way path
to inhibit people from wandering into the site. Gazebo all unfenced. Zoning - P . J.
and Tom will discuss.
Muskrat Slough Subdivision - Twenty lots, single family (although zoning would
allow duplexes). Put in causeway to get sewer line in and then take it out. Russell
Drive - build to City standards to be public street? Are we obligated with other
owner? Do the Muskrat people have access? Easement exists - could do
improvements within easement. We could require annexing entire tract if they want
to subdivide. Request of them to provide an easement for the sewer and for water
loop up to Kelley. 14' of August to planning board with Council on the 2"d or 3" of
September. Amerman and Jentz will look at Russell. Talk with Homeowners
Association to give up Russell. Does City want to annex road?
Building Height Study - Results of text amendment City Council asked staffto look
into the matter. Dick Seddon memo - Building Department to address height requests
per Table 5-B. Single-family residential areas and B-1 should be limited as they
presently are, but general business areas can be as high as Dick can squirt water.
Performance based. Police Department one concerned that there could be parking
issues. Parks is o.k. with this. Tom Jentz suggested inserting "set back from lot line
as a standard". Could hold at 40 feet_ Also discussed buffer from residential areas.
Biggest issue is existing neighborhoods at one height with structures on infill lots
towering over everybody else - neighborhood compatibility is the key.
OTHER DISCUSSION:
Above Woodland Park - Jim Brown asked about two drains along the tracks that
have the lids torn off. He is concerned that a child could fall down inside of these.
Dick Amerman will check into these drains.
The meeting was adjourned at 11:35 a.m.
cc: Chris
Police
Craig
Fire
3CPO
Parks
Pi
Public Works
Darryl
Comm. Dev.
At;:;,,t
August 9/2001
Narda Wilson, Senior Planner
17 Second Street Fast, Suite 211
Kalispell, Montana 59901
Be: Comments for Muskrat Slough Subdivision
Dear Narda Wilson, Senior Planner
My issues on the proposal for the 20 housing for development by Tim Birk developer.
II off/discharps,addingmore containination. point sodischarge1 ,the sloughthat is
alreadyimpair!Morecontaminants1runoffpollution that 1 i,withvehicles,parking
rubber and metaldeposits from I I I iN/ 1 4 1.- oil, 1' 1' lining,
1 Ifj
al V�rf Ali I lyl < :j J II tL, 'I I t1,l1 L.� i ICI
li-SS�1IJ V1 i Il lla, r, i lI ( I _ Ili' ►
�Vi Ill.' 1' .I . i ��.:I I , t�' �I �Y �: tl I.1' .l i 1A
y 014 W I ►I I 1 1Z I I M
*Issue three: Delineation marking of a boundary on map for designates between wetlands and non -
wetland area The housing development plainly shows lots sizes into the i10 H W MARK' into the
slough (WETLAND.)
•Issue four. In addition to 50+ more cars on our streets putting the CHILDREN AT RISK
WHH.E PLAYINGI
-1-
. r .: i . n . i r r r r . r ru . n ;K 4F S.� r .y. ;�. till' �y1 r �;I
Since the 1980'9 and 1990rs the Stillwater Slough has been filled & filled without necessary
consideration of cumulative impacts this is documents for two decades to the slough EX County
Sanitarian Althea Gimegaugh of Flathead Heath Department and others office at that time warned
Federal and State officials that there were serious groundwater problems in Greenacres area and
impenneable soils ect They did not heed these warnings and they approved the developments
along with rmautlarized fills, in the 199Ws & 1990's. In the 1970's and 1980"s the Flathead
Conservation District also warned officials about serious groundwater problems in the Greenacres
area and about not to put subdivision into area and now you what to put another in after they have
said and done alll Cltv of Kalispell and the Kalisnell Citv-County Plonnhua Board and Zooming
Y : I A�m ;7,1; CA 1.y:Cri C14,4 A, I%N � ,;Es)al M 71 ALO I : ! A *,j I lj Ui
%um six: That no disturbance within shorelines and waterfowl nesting area along with other
wildlife nesting area be disturbed at any coat. In 1996 and 1997 under N.P. # 199590102 destroyed
waterfowl and wildlife prime nesting areal Russell Dr., So. Woodland Dr. and Meadow Park 11
Subdivision was all prime nesting area and that was also documents.
I 7 ; 7, r'. l : M r WE - C-71 .iK.:- F,yam:
Muskrat Slough Subdivision and Greenacres are the same you can change the name but you
Cannot CHANGE THE AREA. With various contaminants to groundwater, surface water in
area, extremity high groundwater levels, fluctuating water levels in slough Inappropriate soils for
type of development. Interruption of natural flow, filled after filled, two more roads' Russell Dr.
and So. Woodland Drin the same area as the two land crossing significancy reduced flood
storage capacity lost
: 7,77 1 V -: l' ,i, ; : ; is : ru_V 777 M
1 :=1 : : 1 \L: ri. ill _r__-__. .
DOES HISTORY HAVE TO REPEAT 1TSELF?
Thank you so very mach for your diligent attention to this important matter.
Letters to County Commissioner Robert Watne, Mr. Chades Johnson, County Road
Superintendent, and Mr. David Board, American land and Development for non-compliance of
the 404 permits. Department of the Army permit No. 199990746 and Army permit No.
199590102 Natda here are the copies you ask for.
Sincerely
2171 So. Woodland Dr.
Kalispell, Montana 59901
cc Mayor WM. E. Boharski
-3-
REPLY TO
ATT-cN'rION Oc
Operations Division
Regulatory Branch
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS. OMAHA DISTRICT
215 NORTH 17TH STREET
OMAHA, NEBRASKA 68102-4978
February 22, 2001
Certified flail -Return Receipt Requested
Mr. David Board
American Land and Development
305 Yoeman Hall Road
Kalispell, Montana 59901
Dear Mr. Board:
This letter is in reference to Department of the Army Permit No. 199590102 for
the construction of two road crossings (Woodlands Drive and Russell Drive) over Green
Acres Slough in Kalispell, Montana.
Information received by this office indicates that the Russell Drive culvert was
not functional as of September 2000. If the culvert is not functional, American Land and
Development is in non-compliance with the permit referenced above and may be subject
to administrative penalties in accordance with Section 309(g) of the Clean Water Act.
In a few weeks, Mr. Martin Keller of my staff will be in Montana and would like
to meet with you or your representative on or about March 19 through March 22, 2001.
The purpose of the meeting would be to consider a schedule for correcting the culvert
problem on Russell Drive and also to inspect the culvert at Woodlands Drive.
Please advise Mr. Keller of the time and place that would be preferable for a
meeting (phone: 501-355-3963, fax: 501-876-1136). A response within 10 days of your
receipt of this letter would be appreciated.
Sincerely,
Kathryr�/8chenk, P.E.
Chief, Regulatory Branch
Operations Division
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, OMAHA DISTRICT
215 NORTH 17TH STREET
OMAHA, NEBRASKA 68102.4978
REPLY TO
ATTENTION OF March 30, 2001
Regulatory Branch
Certified Mail -Return Receipt Requested
Mr. David Board
American Land and Development
1492 Lower Valley Road
Kalispell, Montana 59901
Dear Mr. Board:
This letter is in reference to our meeting on March 21, 2001 regarding your
Department of the Army (DA) permit 199590102 for the construction of two road
crossings (Woodland Drive and Russell Drive) over Green Acres Slough in Kalispell,
Montana.
As we discussed in our meeting, there is a legitimate concern regarding the ability
of the Russell Drive culvert to function properly. To correct this matter, and to insure
that no such problems arise in the future, the following actions will be needed.
a. The Russell Drive culvert will be cleaned out and steps taken to reduce the
risk of future sedimentation problems. Your proposed plan of action is to be provided to
this office within 30 days of your receipt of this letter. The cleanout should be completed
not later than May 21, 2001.
b. Both the Russell Drive and South Woodland Drive culverts are to be
monitored annually (prior to spring snowmelt) to insure they are working properly.
Should any problems arise, any action necessary to correct the problem will be taken.
The possibility of cleaning out the ditch below the culvert under Willow Glenn
Road that is to stabilize Green Acres Slough was also discussed. While this location is
not subject to the DA permit issued to Flathead County for the culvert, it would be
beneficial in protecting the culvert from sediment blockage and would be desirable.
-2-
I appreciate your. willingness to correct the problem at this time. If you have any
questions regarding this letter, please contact Mr. Martin Keller at telephone
(501) 855-3968. A compliance inspection will be scheduled for the last week in May,
2001.
Sincerely,
Kathryn Schenk, P.L.
Chief, Regulatory Branch
Operations Division
Copies Furnished:
Mr. Jeff Ryan
Montana DEQ
1520 East 6th Avenue
Helena, NIT 59620-0901
JMs. Karen Carter
2171 South Woodland Drive
Kalispell, Montana 59901
February 22, 2001
Operations Division
Regulatory Branch
Certified Mail -Return Receint Requested
Mr. Robert Watne
Flathead County
800 South Main
Kalispell, Montana 59901
Dear Mr. Watne:
This letter is in reference to Department of the Army Permit No. 199890746
regarding the placement of a culvert under Willow Glenn Road in Kalispell, Montana.
Information received by this office indicates that the culvert was not functional as
recently as September of 2000. If the culvert is not functional, Flathead County is in
non-compliance and can be subject to financial penalties in accordance with Section
309(g) of the Clean Water Act should the matter not be corrected.
Mr. Martin Keller of my staff will be in Montana later this spring and would like
to meet with .you during the period of March 19 through March 22 to discuss the need for
a cleanout and the development of a maintenance plan for this location.
Please advise Mr. Keller of the time and place that would be preferable for a
meeting (phone: 501-855-3968, fax: 501-876-1386). Please respond within 10 days of
the receipt of this letter.
Sincerely,
Kathryn Schenk, P.E.
Chief, Regulatory Branch
Operations Division
BCF:
CENWO-OD-R-MT
CENWO-OD-RF (Iske)
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, OMAHA DISTRICT
215 NORTH 17TH STREET
OMAHA, NEBRASKA 68102-4978
REPLY'10
ArrENTIUN°F March 30, 2001
Regulatory Branch
Certified Mail -Return Receipt Requested
Mr. Charles Johnson
County Road Superintendent
Flathead County
800 South Main
Kalispell, Montana 59901
Dear Mr. Johnson:
This letter is in reference to our meeting on March 21, 2001 regarding Department
of the Arn1y permit 9199890746 for the placement of a culvert under Willow Glenn
Road in Kalispell, Montana.
As the result of our meeting, the following actions need to be taken to insure the
functioning of the culvert in question.
a. The existing culvert was completely blocked when it was observed on March
21st. The culvert is to be cleaned within 30 days of your receipt of this letter.
b. The culvert is to be monitored annually (prior to the spring snowmelt) and any
steps necessary will be taken to insure that the culvert functions properly.
I appreciate your cooperation in correcting this matter. If you have any questions
regarding this letter, please contact Mr. Martin Keller at telephone 501-855-3968.
Sincerely,
Kathryn Schenk, P.E.
Chief, Regulatory Branch
Operations Division
Copies Furnished:
/
,/ Ms. Karen Carter
2171 Woodland Drive
Kalispell, Montana 59901
Paula 1. and Blair T. BUCKLEY
2215 SOUTH WOODLAND DRIVE
KALISPELL, MONTANA 59901
Home Phone 406-755-1983
Ismail paulatbttdbigsky.net
August 08, 2001
AU
14 24Q1
Tri - City Planning Office ,
17 - Second Street East
Suite 211" ` 2
Kalispell, MT 59901
Dear Planning Committee:
This letter is in regards to the Muskrat Slough Subdivison proposal with the developer Tim Birk requesting
annexation and plat approval from the City - County Planning Board and Kalispell City Council.
We ( Blair, Paula, Reid and JT) live in the Meadow Park II Subdivision which owns and pays property taxes on
Russell Drive and the sidewalk along Russell Drive. Russell Drive is the road which the Birk Engineering has
proposed to access the Muskrat Sough Subdivision. As a member of the Meadow Park I1 Association
we have not given approval to utilize the road and feel it is not an appropriate developmental plan. My family and
I have no objection to the development but do have concerns about the impact on Russell Drive and South
Woodland Drive as well as our Subdivision. The access area needs to be at a different location that would not
involve the use of Russell Drive.
Please review these plans closely and take into consideration our concerns.
If you have any questions please call me at the above number.
Si ereI
Paula J. Buckley
August 8, 2001
Narda Wilson
Tri City Planning Office
17 Second Street East Suite 211
Kalispell, Mt 59901
Dear Narda Wilson,
cif ,►'(;i5 AT' �.`..-..
Having been informed of the new planned development know as Muskrat Slough Subdivision, I would like to
let you and the Tri-City planning board aware of my opposition to certain aspects of the proposal.
I am very concerned about the traffic flow problem that will be created on South Woodland Dr. and Russell
Street. I am aware of the developers owning a portion of property adjacent to Willow Glen Dr. and would
suggest that that route to access the development that come from that way.
As president of the Meadow Park II subdivisiods homeowners association, I would also like to inform you,
the Tri-City Planning Board, and the developer, that Russell Drive is privately owned by our Homeowners
association and we will not consider giving access to or easement across our property (Russell Drive).
Our homeowners association is looking forward to meeting with the board at the zoning meeting on Monday
Aug14, 2001 to see how our concerns will be addressed.
Sincerely,
Magdalene Shoemaker
G 1 4 2NI Gary and Kathleen Hunnewell
2189 S. Woodland Dr.
Kalispell, MT 59901
(406) 257-1310
August 7,2001
Narda Wilson
Tri-City Planning Office
17 2ntl St. E Suite 211
Kalispell, MT 59901
RE: Muskrat Slough Subdivision Annexation
Dear Ms. Wilson,
When we received the certified letter last week we were very concerned about the new subdivison
that is being proposed. As a member of the Meadow Park II Subdivision Homeowners
Association, it concerns me that we were never approached with the proposition of using our
privately owned road, Russell Dr.. The estimated influx of 200 trips a day on our road and by our
home also concerns me. I am not for this subdivision or against it, it just seems to me that the
people that it will impact the most are the people being ignored in the decision, only 4 homes in our
subdivision received letters. We have several small children in this neighborhood and the
additional truck traffic as well as the addition personal traffic is a major concern to me. It will also
greatly impact the wildlife in this area, again.
So with these concerns, and the fact that I have to pay to maintain Russell Dr. I choose not to let
the developer or anyone else use our privately owned road.
I would hope that at the meeting on August 14t° you will be able to answer our concerns.
Sincer ly,
athleen Hunnewell
FLRTHERD CONSERVRTION DISTRICT
30 Lower Valley Road
Kalispell, MT 59901
Phone (406)752-4220 Fax (406)752-4077
email: <fcd@digisys.net>
Visit our website: www.flatheadcd.ora
AUG 1 n�9
<.ra
August 2, 2001
Narda Wilson
Senior Planner
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, MT 59901
RE: MUSKRAT SLOUGH SUBDIVISION PRELIMINARY PLAT AND ANNEXATION
Dear Narda:
Thank you for the opportunity to review the Muskrat Slough Subdivision information.
• The soils in this area are suitable for agriculture and development.
• It would be desirable to improve the water quality in the slough. We would recommend that a
"riparian corridor" be established adjacent to the water, to filter any sediment or fertilizer coming
from the development. As this riparian corridor matured, it would shade and cool the water,
which could encourage an improved habitat for fisheries in the future.
Native plants would be the best choice for planting. We are currently developing a brochure that
will identify preferred grasses and vegetation along waterways. The developer could check with
us in approximately 60 days to obtain a copy.
If you have any questions, please give me a call.
Sincerely,
Cathy (Jones) Hanson
Resource Conservationist &
Watershed Coordinator
PRELIMINARY PLAT
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