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4. Resolution 4192 - Esperanza Preliminary PlatRESOLUTION NO. 4192 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE SUBDIVISION OF LOT 6 OF PORTA VILLA #3 IN THE NE1/4 OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, AECS Ltd., the owner of certain real property described as Lot 6 of Porta Villa #3 in the NE1/4 of Section 12, T28N, R22W, P.M.M., Flathead County, Montana, has petitioned for approval of a subdivision of said property, and WHEREAS, the proposed subdivision is subject to the provisions of Section 2.2, Subdivision Regulations of the City of Kalispell, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission held a public hearing on November 16, 1994, on the proposal and reviewed Subdivision Report #KPP-94-05 issued by the Flathead Regional Development Office, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Lot 6 of Porta Villa #3 in the NE1/4 of Section 12, T28N, R22W, P.M.M., Flathead County, Montana, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of January 17, 1995, held a public hearing, after due and proper notice; reviewed the FRDO Report #KPP-94-05, 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, and WHEREAS, the City Council has based its public interest findings upon the following findings of fact: A. DESIGN: The developer proposes 19 lots ranging in size from 6,028 square feet to 8,190 square feet. All of the lots are over the minimum required by the zone. The residential project will generate up to 190 vehicle trips per day developed as a single-family development and generate up to 232 trips per day developed as a duplex development. These trips will proceed either north or south on Hawthorne Avenue. This road has adequate capacity and is expected to handle the increased traffic load. Increased pedestrian traffic can also be expected, especially pertaining to school children. The lack of sidewalks in this area will increase vehicular/pedestrian hazards. 1 The residential use is not likely to create a nuisance relative to noise. Similar or more land -intensive uses are in the same area. The use is residential in character and will not create a neighborhood problem relative to dust, glare, heat, smoke, fumes, gas, or odors when the project is complete. Access to each of the lots will be by public street. The project would have a single access from Hawthorne Avenue to the proposed Teton Street, a 60 foot right-of-way. Iris Court is proposed to be a 50 foot right-of-way where it loops around making its connection to Teton Street. In addition, Iris Court is proposed to have a connector to the existing private access road of the Hawthorne West subdivisions. This connection is proposed at a 40 foot right-of-way since it connects to the narrow private road of Hawthorne West. The connection, since it's a private road, should be installed with an emergency access gate for emergency vehicle use. All the streets within this subdivision will be developed to City standards for 40, 50, and 60 foot rights -of -way. The roads would be developed to City standards including curb, gutter, sidewalks, and street trees. The City's Standards for Roadway Improvements indicate a minimum of 24 feet of roadway for two- way traffic, which would not include parking and would be adequate for the 40 foot right-of-way. However, the 50-foot right-of-way should be developed with parking on one side requiring street improvements of 32 feet back of curb to back of curb. Teton Street, the through 60 foot right-of-way, would be required to be improved at 40 foot back of curb to back of curb providing parking on both sides. This design promotes a quieter court design for the 50 foot right-of-way as no through traffic would occur and adequate through road improvements to the west for future development. Each of the building envelopes has adequate separation within the project, and are complemented by the landscaping, sidewalk, and circulation plans. B. RELATION TO MASTER PLAN: The Master Plan designates this property as High Density Residential, which permits a maximum density of 40 units per gross acre. The proposed development would be developed at 4.75 lots per acre based on single family development or 9.5 units to the acre based on duplex development, well under the maximum permitted. C. RELATION TO ZONING: The proposed lot dimensions are in conformance with the RA-1 zoning designation. However, Lot 7 and 8 will be difficult to �A develop. Lot 7, because of its narrowness at the front lot line and the lot minimum lot width of 60 feet being is measured at the building line, creates a small building envelope. This building line would be substantially back from the front lot line, approximately 65 feet. It should be noted that the Kalispell Board of Adjustments does not customarily look favorably on variance requests when the problem was created by the developer. It would be advisable to adjust the lot lines to create a larger building envelope. D. COVENANTS: The applicant has submitted covenants with the preliminary plat. This document describes use and maintenance of the property and some development standards. This document (Section 4. Building Locations) should be amended to exclude information on specific building location. This because of the problems that will be associated with the development of irregular shaped lots (7 and 8) and only refer to the Kalispell Zoning Ordinance for development criteria for building location. In addition, they should be amended to include the City Council as the approving authority for any amendments. E. EFFECTS ON PUBLIC SERVICES/FACILITIES: 1. Schools: The residential project is within the jurisdiction of School District #5. Upwards of 25- 50 children might be associated with the project. At complete buildout, this will have a significant effect on the already crowded schools of this District, and will provided added impetus to build additional schools in the District. 2. Parks and Recreation: No park is proposed for the development. A park in -lieu fee has been proposed for this development. That in -lieu fee is calculated on the market value of the property before improvements. The amount would be $5,000 which is 1/9 of $45,000. 3. Police: The Kalispell Police Department can adequately respond to emergency situations at this location. 4. Fire Protection: With the extension of the municipal water line additional fire hydrants can be installed. The Kalispell Fire Department can adequately respond to this area. 5. Water: City water exists to service this property and sufficient capacity exists. 6. Sewer: City sewer exists to service this development and sufficient capacity exists. 7. Storm Water: A stormwater plan would need to be approved by the City of Kalispell Public Works Department that adequately meets the stormwater flows of this development. 8. Solid Waste: The City would provide refuse removal. The existing landfill can accommodate the anticipated generation of solid waste from this development. 9. Roads: As previously discussed, the access requirements of this subdivision have been met with the appropriate improvements. F. EFFECTS ON PUBLIC HEALTH AND SAFETY: The site is within the urbanizing area of Kalispell. The site is not within a designated 100-year floodplain or high fire area. The site is within the Kalispell service area for police, fire, and ambulance. No significant negative effect is expected. G. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: The site lies within the urbanizing area of Kalispell. It is not in an area designated as winter range and is not considered prime habitat. There are no known rare or endangered species onsite. No significant negative effect is expected. H. EFFECTS ON THE NATURAL ENVIRONMENT: Topography does not pose a constraint on the property and because this development is connecting to City services no groundwater contamination should occur. No significant negative effect is expected. I. EFFECTS ON AGRICULTURE: The area is within the urbanizing area of Kalispell. The property had been used for agricultural/pasture types of uses in the past but not recently. No significant negative impact is expected. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION I. That the application of AECS, Ltd. for approval of the Subdivision Plat of Lot 6 of Porta Villa #3 in the NE1/4 4 of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, is hereby approved subject to the following conditions: 1. Development of this property shall be in substantial conformance with the approved Preliminary Plat. 2. The development shall comply with all subdivision and zoning ordinance requirements. 3. The name of the subdivision on the final plat shall include the information that this is an Amendment of Porta Villa Number 3, Lot 6. 4. The subdivision shall be approved by the State Department of Health and Environmental Services. 5. The applicant shall install a mailbox location in conformance to a plan approved by the U. S. Postal Service. 6. The developer shall provide, at a minimum, rights -of -way in accordance with the preliminary plat. 7. The developer shall install a minimum 28-foot of improvements (including emergency access gate at the Hawthorn West subdivision boundary), back of curb to back of curb in the 40 foot right-of-way; 32-foot of improvements, back of curb to back of curb in the 50 foot right-of-way; 40-foot of improvements, back of curb to back of curb in the 60 foot right-of-way. 8. The developer shall install street trees, street lights, and sidewalks. 9. Indicate in the Covenants that the driveway location for Lot 4 is indicated on the final plat. Record on the face of the final plat a driveway easement for Lot 4 at the southeast corner of the lot. The size of the easement for driveway purposes is to be approved by the City's Public Works Director. 10. The Covenants (Section 4) be amended to include that building location is governed by the Kalispell Zoning Ordinance, RA-1 Zoning District as amended, and that building envelopes are generally outlined on the Final Plat, and that the City Council shall approve any proposed amendments to the Covenants. 11. Locate the building envelopes for each of the lots on the Final Plat verifying with the Flathead Regional Development Office or the City's Zoning Administrator 5 that they are correct prior to the filing of the final plat. 12. All utilities shall be installed underground. 13. A storm water drainage plan be submitted to and approved by the City's Public Works Director. 14. Fire hydrants shall be placed in accordance with a plan approved by the City's Fire Chief. 15. Cash -in -lieu fee of $5,000 be paid to the City for park land. SECTION II. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION III. That this preliminary plat should be effective for a period of one year following passage of this Resolution. SECTION IV. That 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 MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 1995. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council City City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 November 29, 1994 Manages___.__ Re: Esperanza Subdivision - Preliminary Plat Dear Bruce: 723 Sth Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-S780 The Kalispell City -County Planning Board and Zoning Commission met on November 169 1994 to consider the following: A request by AECS Ltd for preliminary plat approval of a 19 single family/duplex lot subdivision on approximately 4 acres zoned RA-1 (Low Density Residential Apartment). The site is located approximately 1,000 feet north of 2 Mile Drive on the west side of Hawthorn Avenue; more specifically described as Lot 6 of Porta Villa #3, in the NE4 of Section 12, Township 28 North, Range 21 West, P.M.M., Flathead County. John Parsons of the FRDO presented the staff report recommending approval for the preliminary plat subject to sixteen (16) conditions, with an addition to condition #7 to state: "...including an emergency access Rate at the boundary of A letter was ree4 with development. The representative for the applicant spoke in favor of the project, explaining that the site was difficult to develop, and has been reviewed by the Site Review Committee a number of times. He was in agreement with staff recommendations. Three persons spoke in opposition to the project, protesting the increasing impacts to the schools, the dangerous road conditions on North Meridian, and the inadequate room for an emergency exit through Hawthorn West subdivision, which is a private road. After taking public comment, and discussion of the conditions of approval the Board adopted FRDO Staff Report #KPP-94-05 as findings of fact, and voted 8-0 to recommend approval of Esperanza Subdivision with the conditions as amended by staff. This recommendation is forwarded to the City Council for final action. Please contact the Commission or FRDO if you have any questions. Respectfully submitted, KALISPELL Ci Y-+COUNTTY PLANNING BOARD AND ZONING COMMISSIOX Therese Fox Hash President TFH/JJP/eo Attachments: FRDO Report KPP-94-05 & Attachments Attachment A c w/Att A: Matt Adams, AECS, Ltd. Paul Stokes and Associates P.O. Box 4061 2431 Hwy 2 East Kalispell, MT 59901 Kalispell, MT 59901 F:\FRDO\TRANSMIT\KPP-94-05.REC Providing Community Planning Assistance To: r Flnfhnari f nunty a raw of rnt—h:o F.n� a /'`u_ ,•e v_u___n - — ....... -. . ATTACHMENT A ESPERANZA SUBDIVISION - PRELIMINARY PLAT FRDO REPORT 4KPP-94-05 CONDITIONS OF APPROVAL AS RECOMMENDED BY KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION NOVEMBER 169 1994 1. Development of this property shall be in substantial conformance with the approved Preliminary Plat. 2. The development shall comply with all subdivision and zoning ordinance requirements. 3. The name of the subdivision on the final plat shall include the information that this is an Amendment of Porta Villa Number 39 Lot 6. 4. The subdivision shall be approved by the State Department of Health and Environmental Services. 5. The applicant shall install a mailbox location in conformance to a plan approved by the U.S. Postal Service. 6. The developer shall provide, at a minimum, rights -of -way in accordance with the preliminary plat. 7. The developer shall install a minimum 28-foot of improvements, back of curb to back of curb in the 40 foot right-of-way; 32-foot of improvements, back of curb to back of curb in the 50 foot right-of-way; 40-foot of improvements, back of curb to back of curb in the 60 foot right-of-way, 8. The developer shall install street trees, street lights, and sidewalks. 9. Indicate in the Covenants that the driveway location for Lot 4 is indicated on the final plat. Record on the face of the final plat a driveway easement for Lot 4 at the southeast corner of the lot. The size of the easement for driveway purposes is to be approved by the City's Public Works Director. 10. The Covenants (Section 4) be amended to include that building location is governed by the Kalispell Zoning Ordinance, RA-1 zoning District as amended, and that building envelopes are generally outlined on the Final Plat, and that the City Council shall approve any proposed amendments to the Covenants. 11. Locate the building envelopes for each of the lots on the Final Plat verifying with the Flathead Regional Development Office or the City's Zoning Administrator that they are correct prior to the filing of the final plat. 12. All utilities shall be installed underground. 13. A storm water drainage plan be submitted to and approved by the City's Public Works Director. 14. Fire hydrants shall be placed in accordance with a plan approved by the City's Dire Chief. 15. Cash -in -lieu fee of $5,000 be paid to the City for park land. 16. The preliminary plat shall expire one (1) year from date of Council approval. Extensions may be granted by Council; any request for extension must be submitted a minimum of 34 days prior to expiration of the preliminary plat. FLATHEAD RECIONAL DEVELOPMENT OFFICE PRELIMINARY PLAT REPORT KPP-94-05 ESPERANZA SUBDIVISION NOVEMBER 2, 1994 A report to the Kalispell--City-County- Planning- -Board. and .Zoning _Commission regarding a request for approval of a Preliminary Plat to subdivide four acresdnto 19 single - family residential lots. A public hearing has been scheduled before the Kalispell City -County Planning Board for Wednesday, November 16, 1994, In the Council Chambers, City Hall, 312-1st Avenue East. A recommendation will be forwarded to the Kalispell City Council for final action. A. APPLICANT/OWNER Matt Adams AECS Ltd. P.O. BOX 4061 Missoula, MT 59806 B. SIZE AND LOCATION r TECHNICAL ASSISTANCE Paul J. Stokes and Assoc. 343 -1st Avenue West Kalispell, MT 59901 The subject property Is located approximately 1,000 feet north of Two Mile Drive on the west side of Hawthorne Avenue In Kalispell. The property is approximately four (4) acres and has access directly from Hawthorne Avenue. The legal description of the property is Lot 6 of Porta Villa 13. C. REQUEST The applicant Is requesting approval of a preliminary plat to allow the construction of a 19-lot single family/duplex subdivision on 4.19 acres. The individual lots range in size from 6,028 square feet to 9,590 square feet. The design of the development Incorporates a main through road with a 60 foot right-of-way, a looped 50-foot right-of-way, and a 40 foot stub out right-of- way for Improvement purposes. The proposed improvements include pavement, curb, gutter and sidewalks, boulevard and street trees. This subdivision is an amendment to Lot 6 of Porta Villa 13. D. LAND USE AND ZONING The subject property Is currently zoned RA-1 and Is vacant. To the north Is zoned City RA-1 with townhouse residences, to the west is zoned County R-1 and is vacant pasture, to the south Is zoned City RA-1 with duplexes, and to the east is zoned City RA-1 with townhouse residences. Porta Villa /3 Is a subdivision creating Lots 1 through 6, and was approved in 1977. Lots 1 - 5 have been developed as duplexes. In 1978 and 1979 Hawthorne West 1,11, and III (townhome lots) were approved as amendments to Lot 6 of Porta Villa 13. In 1985 Hawthorne West Number IV was approved, another amendment to Lot 6 and additional townhouses. Park Place was approved In 1988 (the -fast tlme-Lot-6 was -amended) and are townhouses. it. REVIEW AND FINDINGS A. 9ESIG The developer proposes 19 lots ranging In size from 6,028 square feet to 8,190 square feet. All of the lots are over the minimum required by zone. The residential project will generate up to 190 vehicle trips per day developed as a single-family development and generate up to 232 trips per day developed as a duplex development. These trips will proceed either north or south on Hawthorne Avenue. This road has adequate capacity and is expected to handle the increased traffic load. increased pedestrian traffic can also be expected, especially pertaining to school children. The lack of sidewalks In this area will increase vehicular/pedestrian hazards. The residential use Is not likely to create a nuisance relative to noise. Similar or more land -intensive uses are in the same area. The use Is residential In character and will not create a neighborhood problem relative to dust, glare, heat, smoke, fumes, gas, or odors when the project is complete. Access to each of the lots will be by public street. The project would have a single access from Hawthorne Avenue to the proposed Teton Street, a 60 foot right-of-way. Iris Court is proposed to be a 50 foot right-of-way where it loops around making Its connections to Teton Street. in addition, iris Court Is proposed to have a connector to the existing private access road of the Hawthorne West subdivisions. This connection is proposed at a 40 foot right-of-way since it connects to the narrow private road of Hawthorne West. The connection, since Its a private road, should be Installed with an emergency access gate for emergency vehicle use. All the streets within this subdivision will be developed to City standards for 40, 50, and 60 foot rights - of -way. The roads would be developed to City standards Including curb, gutter, sidewalks, and street trees. The Clty's Standards for Roadway improvements indicate a minimum of 24 feet of roadway for two-way traffic, which would not include parking and would be adequate for the 40 foot right-of-way. However, the 50 foot right-of-way should be developed with parking on one side requiring street improvements of 32 feet back of curb to back of curb. Teton Street, the through 60 foot right-of-way, would be required to be improved at 40 foot back of curb to back of curb providing parking on both sides. l%q This design promotes a quieter court design for the 50 foot right-of-way as ,- no through traffic would occur and adequate through road Improvements to the west for future development. Each of the building envelopes has adequate separation within the project, and are complemented by the landscaping, sidewalk, and circulatlon plans. B. RELATION TO MASTER PLAN---_._-._. The Master Plan designates this property as High Density Residential, which permits a maximum density of 40 units per gross acre. The proposed development would be developed at 4.75 lots per acre based on single family development or 9.5 units to the acre based on duplex development, well under the maximum permitted. C. RELATION TO ZONING The proposed lot dimensions are in conformance with the RA-1 zoning designation. However, Lot 7 and 8 will be difficult to develop. Lot 7, because of its narrowness at the front lot line and the lot minimum lot width of 60 feet being Is measured at the building line, creates a small building envelope. This building line would be substantially back from the front lot line, approximately 65 feet. it should be noted that the Kalispell Board of Adjustments does not customarily look favorably on variance requests when the problem was created by the developer. It would be advisable to adjust the lot lines to create a larger building envelope. D. COVENANTS The applicant has submitted covenants with the preliminary plat. This document describes use and maintenance of the property and some development standards. This document (Section 4. Building Locations) should be amended to exclude Information on specific building location. This because of the problems that will be associated with the development of Irregular shaped lots G and 8) and only refer to the Kalispell Zoning ordinance for development criteria for building location. in addition, they should be amended to Include the City Council as the approving authority for any amendments. E. EFFECTS ON PUBLIC SERVICESNACILITIES 1. Schools: The residential project Is within the jurisdiction of School District 15. Upwards of 25-50 children might be associated with the project. At complete buildout, this will have a significant effect on the already crowded schools of this District, and will provide added Impetus to build additional schools In the District. 3 2. Parks and Recreation: No park Is proposed for the development. A park In-Ileu fee has been proposed for this development. That In -lieu fee is calculated on the market value of the properly before Improvements. The amount would be $5,000 which Is 1/9 of S4S,0O0. 3, oilce- The Kalispell Police Department can adequately respond to emergency -situations at this location. 4. Fire Protection: With the extension of the municipal water line additional fire hydrants can be installed. The Kalispell Fire Department can adequately respond to this area. S. Water City water exists to service this property and sufficient capacity exists. 6. Sewer. City sewer exists to service this development and sufficient capacity exists. 7. Storm Water: A stormwater plan would need to be approved by the City of Kalispell Public Works Department that adequately meets the stormwater flows of this development. 8. Solid Waste: The City would provide refuse removal. The existing landfill can accommodate the anticipated generation of solid waste from this development. 9. Roads, As previously discussed, the access requirements of this subdivision have been met with the appropriate improvements. F. EFFECTS ON PUBLIC HEALTH AND SAFETY The site is within the urbanizing area of Kalispell. The site Is not within a designated 100-year fioodplain or high fire area. The site Is within the Kalispell service area for police, fire, and ambulance. No significant negative effect Is expected. G. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT The site lies within the urbanizing area of Kalispell. It is not in an area designated as winter range and is not considered prime habitat. There are no known rare or endangered species onsite. No significant negative effect is expected. H. EFFECTS ON THE NATURAL ENVIRONMENT . Topography does not pose a constraint on the property and because this development is connecting to City services no groundwater contamination should occur. No significant negative effect is expected. 4 i. EFFECTS ON AGRICULTURE The area is within the urbanizing area of Kalispell. The property had been used for agricuItura[/pasture types of uses in the past but not recently. No significant negative Impact is expected. J. SUMMARY _—___— — ---- -- - The proposed 13 lot project would be located in a RA-1 zoning district which allows this type of use. This has the potential to develop into 38 units. Street trees will be incorporated throughout. Internal pedestrian and vehicular circulation are adequate. Parking should not be an issue because of roadway improvements. Traffic congestion will increase in the area, and pedestrian hazards are likely to increase due to the absence of sidewalks In the area. The additional children will have an effect on school enrollment. Adequate landscaping has been proposed for the development. The project is neighborhood compatible with regard to such aspects as use, noise, glare, dust, density, etc. 111. RECOMMENDATION it is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt this report as Findings of Fact and recommend that the City Council approve this Preliminary Plat, subject to the following conditions of approval: CONDITIONS OF APPROVAL 1. Development of this property shall be In substantial conformance with the approved Preliminary Plat. 2. The development shall comply with all subdivision and zoning ordinance requirements. 3. The name of the subdivision on the final plat shall Include the Information that this is an Amendment of Porta Villa Number 3, Lot 6. 4. The subdivision shall be approved by the State Department of Health and Environmental Services. S. The applicant shall install a mailbox location In conformance to a plan approved by the U.S. Postal Service. 6. The developer shall provide, at a minimum, rights -of -way in accordance with the preliminary plat. 7. The developer shall install a minimum 28-foot of improvements, back of curb to back of curb in the 40 foot right-of-way; 32-foot of improvements, back of curb to back of curb in the 50 foot right-of-way; 40-foot of Improvements, back of curb to back of curb in the 60 foot right-of-way. �tic.it.e�j i✓.L( <<-CC:_�l ��i � �� �— t ,,C':.7; .��c_t � ,/C_ ��? ,/l�-L'(�rX�.ti�C�'�.�i:,_—! 8. The developer shall install street trees, street lights, and sidewalks. 9. Indicate In the Covenants that the driveway location for Lot 4 Is Indicated on the final plat. Record on the face of the final plat a driveway easement for Lot 4 at the southeast corner of the lot. The size of the easement for driveway purposes is to be approved by the City's Public Works Director. 10. The Covenants (Section 4) be amended to include-Matbuilding location Is --- governed by the Kalispell Zoning Ordinance, RA-1 zoning District as amended, and that building envelopes are generally outlined on the Final Plat, and that the city Council shall approve any proposed amendments to the Covenants. 11. Locate the building envelopes for each of the lots on the Final Plat verifying with the Flathead Regional Development Office or the City's Zoning Administrator that they are correct prior to the filing of the final plat. 12. All utilities shall be installed underground. 13. A storm water drainage plan be submitted to and approved by the City's Public Works Director. 14. Fire hydrants shall be placed in accordance with a plan approved by the City's Fire Chief. 15. Cash -in -lieu fee of $5,000 be paid to the City for park land. 16. The preliminary plat shall expire one (1) year from date of Council approval. Extensions may be granted by Council; any request for extension must be submitted a minimum of 30 days prior to expiration of the preliminary plat. F:\...\KPP94-05.ESP u - I j s c OR L i L. t z AMI PLAT G A T E W A Y A n i. Ptot 1 of L.2 of ►3 E ;aa zc '! the thoA}nd. ESE A DD. I KAL. Li 10tAr'?* W Wh Por. 34T,� WEST ADD. 4 GATEWAY ��.A-1 Aw 'I4 34 p WES B3 2 C AMD. PLAT L. 2 of tho. P �'� • `� ( �!_ V` AMD. PLAT of tha `- v A►iD. PLAT of tC Wly PORTION © ! Cj� �tip, Gj� u of GATEWAY q; WEST ADD. w •e+v+�^ w w — — — — — - - -- . p ear �tf¢brtdC� Yt$� tqQ� , s lit it � xis I 1����'..�1'.S 1 � t'-'C�'1� 1����I�' 1:}��1�1(wl:' Pursuant to Article VI I; Administration Section 24A-59; Variances, of the City of Kalispell Subdivisions Regulation, the Developer requests a variance to the following provisions of said regulations. A. Article M. Design Standards, Section 24A.42 Streets, Table I, Pg. 2.10.41 1. Variance: a). Request for Rose Lane to be constructed to a width of 40' in compliance with City of Kalispell Design and Construction Standards for local streets. 2. Purpose: a). The road will never advance past the proposed cul-de-sac due to the development of the adjacent property to the north. b). The length of the road is not sufficient enough to warrant a standard configuration. The road would appear to be square. 3. Justification: a). Total length of the street will be 110'. b). The street is not a through street. c). On street parking will not be permitted. 4. Support: a). The purposed street has been reviewed by the Director of Public Works and has verbally agreed that the 40' street would not cause any problems and would be acceptable. B. Article 11I. Design Standards, Section 24A.42. Streets. sub -section (i) cul- de-sacs, Pg. 210.42. Amended 1. Variance: a). Request for cul-de-sacs located in the subdivision to have a radius of 45'. 2. Purpose: a). To comply with minimum lot square footage requirements. b). To minimize dominance of paved cul-de-sac. Request for Variance page 2 3. Justification: a). Two story buildings will not be permitted in the subdivision. Therefore, the Kalispell Fire Departments hook and ladder truck will not be required to utilize the cul-de-sac. b). Cn street parking will not be permitted. 4. Support: a). The purposed cul-de-sac has been reviewed by the Director of Public Works and has verbally agreed that the cul-de-sac would not cause any problems and would be acceptable. C. Article 111. Design Standards, Section 24A.42 Streets, Table 1, Pg. 2.10.41 1. Variance: a). Request for Mesquite Road to be constructed to a width of 30' in carpliance with City of Kalispell Design and Construction Standards for local streets. 2. Purpose: a). The adjacent property owner to the west will not give an easement to, or participate in the development of a standard 60' street. b). Encroachment of 60' in the proposed subdivision would not permit future alignment with existing streets. c). The variance will provide secondary access. 3. Justification: a). Total length of the north portion of the street will be 164'. Total length of the south portion of the street will be 92. b). The local street is not a through street. c). On street parking will not be permitted. d). The street will be canpleted to City of Kalispell Standards for a 60' right-of-way. The pavement will be supported to prevent deterioration. 4. Support: a). The purposed street has been reviewed by the Director of public Works and has verbally agreed that the 30' street would not cause any problems and would be acceptable. ,e �Ni�� ����, ����y.,.��.:�;5:Sy1�5�.������,�il� a ' - to ESPFRJINZA SUEDI V I S ICN Flathead County, Montana AND PLATTINO ACT 1. The proposed subdivision Is located in a relatively safe geological area free from rock outcroppings, slumps, or water ways. The site does not contain any known geological hazards. 2. The area is free from any known active seismic activity, and the terrain is not conducive to snow, mud or rock slides. The soil type Is clay and sandy clay covered with topsoil. B. V83ETATICN 1. The purposed subdivision consists primarily of native grasses and noxious weeds. A complete revegetation program Is anticipated. 2. The roads and lot design will be constructed to Kalispell standards with ample provisions for green areas. C. WILDLIFE 1. Upland birds frequent the area; however, the site is not suitable for permanent nesting due to the sparsity of cover and encroaching residences. 2. Big game does not frequent or migrate through the site. 3. Small game animals (squirrels, rabbits, etc.) may reside in the proposed subdivision, but sightings have been minimal. 4. The proposed subdivision is not in a migratory route for big game animals or water fowl. D. H I STOR I CAL FEATURES 1. There are no known historical, archaeological, or cultural features associated with the land. Should any be discovered during the construction process, work in that area will be suspended until the site can be properly evaluated. page 2 Supplrsnent To Envirorn*ntal Assessment 1. The developer intends to construct approximately 1420' of new road. The subdivision roads will be serviced by Hawthorn Avenue and Yellowstone Street. 2. The proposed subdivision will not require the closure or modiflcation of any existing roads. 3. N/A. 4. The developer will bear the cost of street construction to the City of Kalispell Standards. The completed roadway will be maintained by the City of Kalispell. 5. When fully developed daily traffic will generate approximately 139 trips per day. A. The existing roadway will safely accommodate the additional traffic generated be the proposed subdivision. B. We do not anticipate any additional maintenance problem or cost that will be caused by the increased volume. 6. Year-round access to all lots via conventional automobile will be provided. The City of Kalispell will provide snow removal. 7. No access over private property is planned. F. UTILITIES 1. Utilities will be provided by the following services: Electricity: Pacific Power and Light Company 448 S. Main Street Kalispell, Mr 39901 Natural Cas: Montana Power Company 890 N. Meridian Road Kalispell, MT 59901 Telephone: PTI Communications 290 N. Main Kalispell, MT 59901 Page 3 Supplement To Environmental Assessment The Subdivision will have all utilities buried from service to end use. Cable TV will be installed at time of electrical installation. 2. Preliminary contact with all utilities has been made. 3. Estimated Utility Installation: Sewer December 1, 1994 Water December 1, 1994 Electricity and Phone December 1, 1994 G. EMERGENCY SERVICES 1. Emergency services for the Subdivision are available as follows: A. Fire protection will be provided by City of Kalispell Fire Department. B. Police protection will be provided by the City of Kalispell Police Department. C. Ambulance Service: Ambulance service is provided by the City of Kalispell Fire Department. .. D. Medical Service is available at Kalispell Regional Hospital. 2. The Subdivision should not require any additional personnel or facilities for emergency services. Tflnn��� 1. Schooling is provide by Kalispell School District 5. 2. The additional lots may add approximately 32 students assuming one and one-half school -age child per lot. I . LND USE 1,2. The land use in the general area is mainly residential with some agriculture. Vacant lands to the west. 3. The proposed site is not adjacent to public lands. 4. There are no known health or safety hazards accessible to the general public on the proposed site or in the immediate surrounding area. 5. The purposed Subdivision and the immediate surrounding area will not be and is not a generator of any environmental nuisances such as unpleasant odors, noises, excessive dust or smoke. J. None •« r ir It Superintendent 756-50W Business Offid 756-5006 756-5015 Special Seraices 756-5017 Flathead Higgh School 756-5075 Junior Higgh� School 756-5030 Linden an SdxW 56-5024 R 7uss SSdWol 756-5052 Peterson Mod He7dgca Sdod 756-SM Elrod SdW g756--W 756-51753 phone: 406-756-5015 233 FIRST AVENUE FAST - KALISPELL, MONTANA 59901 fax 406-756-4510 November 7, 1994 John Parsons Flathead Regional Development Office 723 5th Ave. East, Room 414 Kalispell, MT 59901 Re: Proposed Esparanza Subdivision Dear John, As you know, we are experiencing crowding at all grade levels. There is also a safety issue in the area of the proposed subdivision. Since none of the neighborhood schools are over three miles away, we are not required to provide free transportation. The high traffic counts make this a hazardous walking area. cc: Bill Cooper Sincerely,