Staff Report/Stillwood Farms Preliminary PlatPLANNING FOR THE FUTURE
REPORT TO:
F01M
SUBJECT:
MEETING DATE:
MONTANA
Doug Russell, City Manager —9�—
Tom Jentz, Planning Director
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
KPP-14-03 — Stillwood Farms Preliminary Plat Request
February 17, 2015
BACKGROUND: The Kalispell City Planning Board met on January 13, 2015, and held a public
hearing to consider a preliminary plat request from Serengeti Properties, LLC, to create two
townhouse lots, each intended to accommodate a two unit townhouse on a total of .5 acres. The
proposed subdivision is the resubdivision of Lot 1 of Three Mile Views Subdivision, located in the SE4
of the SW4 of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.
The site was originally platted in 2004 and is located at 56 Vista Loop.
Staff recommended approval of the preliminary plat request with eleven (11) conditions. At the
hearing, one adjoining property owner expressed concern that with the advent of townhouse units
along Vista Loop, there is almost no on -street parking available, and this subdivision will only
exacerbate the parking situation. He asked that all access be onto North Riding Road and be
prohibited directly onto Vista Loop. Mike Fraser, speaking on behalf of the applicant, spoke in favor
of the project and asked the planning board to consider amending access for the subdivision to be
entirely onto North Riding Road. Planning staff noted that this could be a reasonable condition but
suggested speaking with Public Works and the Fire Department prior to supporting the change.
After some deliberation, the planning board concurred the use of North Riding Road would solve the
congestion issue, but agreed that assurance from Public Works and the Fire Department was
appropriate. The board noted, however, that they did not want to hold up approval of the subdivision.
The board then voted to leave condition #8, addressing access onto North Riding Road, unchanged
and voted unanimously to forward a positive recommendation to city council, for the approval of the
preliminary plat with the eleven (11) conditions. The board directed staff to contact Public Works
and the Fire Department to ascertain if using North Riding Road as the primary access point was
acceptable.
Planning staff has since met with the applicants, Public Works and the Fire Department. All parties
concur that access onto North Riding Road is acceptable. In so doing access would be prohibited
onto Vista Loop, so as to avoid a cut -through road situation, and that all water service access be
directed off of North Riding Road.
Suggested language modifying condition #8 i's provided below.,
S. North Riding Road is no longer considered a collector street, therefore the provision of
Kalispell Subdivision Standards 28.3.14 (G1)) prohibiting direct access ontoNorth I
9
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Road no longer applies. The easement that was placed on Lot 3 of Three Mile Subdivision
prohibiting access is hereby revoked. Language revoking this easement shall be placed on the
final piafi. With this change, full access for both lots of Sti11wood Farms is granted onto North
Riding Roadwater services shall be extended from North Riding Road. to service these lots
and no access is allowed onto Vista Loo so as to avoid a cut,="athrouh road situation.
RECOMMENDATION: It is recommended that the city council approve Stillwood Farn�s with the
conditions of approval, as amended by staff.
FISCAL EFFECTS: Approval of the request is expected to have positive f1scall impact to the city.
ALTERNATFVES: Deny the request.
Respectfully submitted',
Tom Jentz
Planning Director
ATTAC]HIMENTS:
Staff Report KPP- I 49wO3
Planning board mm13tues/January, 2 015
Application materials
Staff report compiled: February 9, 2Q15
c: Aimee Brunei rs I, City Clerk
Mike Fraser, Fraser Management and Consulting, 690 North Meridian, Ste. 103, Kalispell,
MT 59901
REQUEST FOR SUBDIVISION APPROVAL
STAFF REPORT #KPP-14-03
STILLWOOD FARMS
KALISPELL PLANNING DEPARTMENT
JANUARY 13, 2014
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
preliminary plat to create two parent lots, each intended to accommodate a two -unit
townhouse for a total of 4 lots. A public hearing has been scheduled before the planning
board for January 13, 2015, beginning at 7:00 PM in the Kalispell City Council
Chambers. The planning board will forward a recommendation to the Kalispell City
Council for final action.
BACKGROUND INFORMATION:
The lot proposed to be subdivided is part of original Three Mile Views Subdivision which
was platted in 2004. Three Mile Views was zoned RA-1 Multi -family Residential. Lot 1,
the subject of this report, was originally intended to accommodate a multi -family
structure. The zoning anticipates a density of one unit/3,000 square feet of net lot area.
This lot could accommodate up to a maximum of 7 multi -family dwelling units under the
zoning, however, site design, parking and drainage would affect what actually could be
constructed there.
A. Petitioner and Owners: Serengeti Properties, LLC
27 Meridian Court
Kalispell, MT 59901
Technical Assistance: Fraser Management 8v Consulting, PLLC
690 North Meridian, Ste. 103
Kalispell, MT 59901
B. Location and Legal Description of Property: The address of the parent lot to be
resubdivided is 56 Vista Loop, Kalispell, MT. The proposed subdivision, Stillwood
Farms, is bounded by Three Mile Drive to the south, North Riding Road to the
west and Vista Loop to the Northeast. The lot is legally described as the
Resubdivision of Lot 1, Three Mile Views Subdivision located in the SE4 of the
SW4 of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County
Montana.
C. Existing Land Use and Zoning: The lot to be resubdivided is currently vacant.
The property is zoned RA-1 Residential Apartment and anticipates single-family
and duplex housing units as a permitted use on a minimum lot size of 6,000
square feet. Multi -family housing is allowed by conditional use permit based on a
net density of one unit per 3,000 square feet. The lot in question contains 1/2 acre
of land (21,700 square feet) thus it could theoretically accommodate up to 7
multi -family dwelling units. Note that setbacks, parking requirements, building
design and storm water drainage all ultimately dictate what the true density could
be.
1
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RA-11 � R-1 <1'
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VICIN IW MAP SCALE 1" = 50'
STILLWOOD FARMSISERENGETI PROPERTIES, LLC
REQUEST FOR A 4 LOT RESIDENTIAL (DUPLEXrrOWNHOUSE) PRELIMINARY PLAT LOCATED
ON ONE-HALF ACRE AT THE INTERSECTION OF THREE MILE DRIVE AND NORTH RIDING RD.
THE PROPERTY 1S ZONED RA•1 (RESIDENTIAL APARTMENT).
FILE# KPP-14-03
'LC- -A E IlW i4
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Figure 1: Vicinity Map with Zoning Overlay (Flathead County GIS)
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D. Adjacent Land Uses and Zoning:
North: Single-family homes, Kalispell R-3 Single -Family Residential zoning
East: Two -unit townhouses, RA-1 Residential Apartment
South: Montana DOT Right -of -Way for Three Mile Drive, south of Three Mile
Drive is County R-1 (1 acre minimum lot size) zoning with large tract
housing.
West: County R-1 (1 acre minimum lot size) zoning with large tract housing.
E. General Land Use Character: The general land use character of this area can be
described as primarily urban residential with single family homes on three sides
and two -unit townhouse development to the immediate east. Three Mile Drive
which functions as an arterial borders the site to the south.
Figure 2: Aerial photo of the subdivision site (Google Maps)
F. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
Centurylink
Schools:
School District #5
Fire:
Kalispell Fire Department
Police:
City of Kalispell
N
REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT OF STILLWOOD
FARMS SUBDIVISION
A. Effects on Health and Safety:
Fire: The property is considered to be at low risk of fire because the subdivision
and residential structures within the subdivision will be constructed in
accordance with current building codes and have access which meets city
standards. Both of the parent lots within the subdivision will have access to a
street that has been constructed to city standards. A fire hydrant is located at the
northeast corner of the property in Vista loop.
Flooding: Flood Insurance Rate Map, panel number 300023C 1805G, September
28, 2007, shows the entire subdivision to be outside of the 100-year floodplain.
Access: Primary access to both parent townhouse lots will be from Vista Loop.
An emergency access (driveway) is proposed off of North Riding Road to serve
Stillwood Farms. This access extends across an existing 15 foot wide "landscape
and no access" easement. This "landscape and no access" easement originated in
the original Three Mile Subdivision which was platted in August, 2004. The
Stillwood Farms lot in question was part of the original Lot 3 of Three Mile
Subdivision. During the preliminary plat hearing process of this subdivision in
2003, city staff had recommended that North Riding Road be considered and
designated as a collector road based on the proposed development that was
projected to occur in this neighborhood. Once this finding was made at the
preliminary plat level, the developer was then required by the Kalispell
subdivision regulations Section 28.3.14 (G(1)) to prohibit all individual driveways
from accessing onto the newly designated collector road (North Riding). In order to
implement that condition at the time of final plat in 2004, the developer placed a
15 foot wide "landscape and no access easement" along the east side of North
Riding where it abutted the proposed Three Mile Subdivision.
The applicants of Stillwood Farms are now asking to remove this previous
subdivision easement as it abuts their property along North Riding Road. The
Kalispell Public Works Department has concurred that North Riding does not
function as a collector road and it is not currently listed in either the Kalispell
Growth Policy or the Kalispell Transportation Plan as a collector road. They also
acknowledged that North Riding has not lived up to the expectations that it would
carry collector level traffic. This conclusion is a direct result of the presence of
the new bypass going in to the immediate west, the fact that MDT purchased one
of the proposed tracts of land slated for residential development that has since
been used to construct the Three Mile interchange and the fact that North Riding
dead ends less than 1/2 mile to the north of this property. Based on these
conclusions, the 15 foot -wide "landscape and no access" easement is no longer
warranted along the west side of Stillwood Farms as it abuts North Riding Road.
B. Effects on Wildlife and Wildlife Habitat: The subdivision is not located in
known big game habitat and the property is not considered suitable habitat for
other significant wildlife. Local and migratory bird species and small mammals
common to the area will not be affected by this action.
rd
C. Effects on the Natural Environment:
Surface and groundwater: The nearest surface water is the West Spring Creek
approximately 1/2 mile to the southwest of the subdivision. Groundwater is
relatively deep in the area, with depths of approximately 50 feet at the subdivision
site.
Drainage: The applicant is proposing to develop an onsite detention pond located
in the southwest corner of the site. A final stormwater design will be reviewed
and approved by Kalispell Public Works Department prior to construction and
final plat submittal.
D. Effects on Local Services:
Water and Sewer: Water and sewer service to the subdivision will be provided by
existing water and sewer mains. Sewer is located in the Three Mile Drive R/W
adjacent to the proposed lots. With the upgrades to the lift stations in the Three
Mile Drive neighborhood this past year, there is adequate capacity in the sewer
main to accommodate these additional units.
Water service will be extended via service lines from the existing Vista Loop water
main as originally planned and designed.
Roads: Access to the proposed subdivision will be provided by Vista Loop, a 60-
foot wide public road and utility easement. A separated 10-foot asphalt, multi-
use path on the north side of Three Mile Drive abuts the south side of this
subdivision.
Schools: This development is within Kalispell School District #5 service area.
There is adequate capacity to accommodate the anticipated 2 school age children.
Parks and Open Space: The Kalispell Subdivision Regulations require parkland
dedication for residential lots based on a ratio of .03 acres /residential lot or cash
in lieu of land payment equivalent to the undeveloped value of the land. In 2008,
when the parent Lot 1 of Three Mile Views subdivision was platted a cash in lieu
of parkland payment equivalent to .03 acres was paid. Now, in 2015, the
applicants are proposing to convert the single lot into a total of 4 lots, therefore
the additional three lots need to be compensated for. The applicants will be
required to make a cash in lieu of parkland payment equivalent to the
undeveloped value of .09 acres of land.
Police: This subdivision is in the jurisdiction of the City of Kalispell Police
Department. The department can adequately provide service to this subdivision.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department. North Riding Road, Vista Loop and Three Mile Drive will provide
adequate ingress and egress to the subdivision for emergency vehicles. A hydrant
is located at the corner of Stillwood Farms in Vista Loop.
Solid Waste: Solid waste will be handled by the city. There is sufficient capacity
within the landfill to accommodate this additional solid waste generated from this
5
subdivision.
Medical Services: Ambulance service is available from the fire department and
ALERT helicopter service. Kalispell Regional Medical Center is approximately one
mile from the site.
E. Effects on Agriculture and agricultural water user facilities: The proposed
subdivision site has not been in agricultural production for over 10 years. The
location and proximity to urban services and surrounding urban development
make this property suited for urban scale residential development as
recommended in the Kalispell Growth Policy Future Land Use map. Therefore,
development of this property will have relatively no impact on agricultural uses
within the valley and no impact on agricultural water user facilities since this
property is served by a public water system.
F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future
Land Use map for the area indicates this area is anticipated to be developed as an
Urban Residential neighborhood with typical densities of 3 - 12 units per gross
acre. The surrounding neighborhood reflects this designation and the proposed
use at 8 units /net acre (4 townhouse units on 1/2 acre of ground) complies with
this designation.
G. Compliance with Zoning: The property is zoned RA-1 Residential Apartment
and anticipates single-family and duplex housing units as a permitted use on a
minimum lot size of 6,000 square feet. Multi -family housing is allowed by
conditional use permit based on a net density of one unit per 3,000 square feet.
The lot in question contains 1/2 acre of land (21,777 square feet) thus it could
theoretically accommodate up to 7 multi -family dwelling units. Note that
setbacks, parking requirements, building design and storm water drainage all
ultimately dictate what the true density could be. The provision of 4 units (two
two -unit townhouses) complies with the zoning.
H. Compliance with the Kalispell Subdivision Regulations: This subdivision
complies with all aspects of the Kalispell Subdivision Regulations except as
discussed under Section A (access) above specifically concerning the presence of
the no access easement along the west side of the proposed subdivision adjacent
to North Riding Road. This condition was put in place because North Riding was
envisioned to be a collector road. With the advent of the new US 93 Alternate
Route being constructed and MDT purchasing a significant amount of the
remaining vacant land in this neighborhood for the construction of the Three Mile
Bridge interchange for the US Highway 93 Alternate Route work, it no longer
appears that North Riding will achieve traffic volumes to warrant collector
standards. In this case, the condition would no longer be warranted.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
staff report KPP-14-03 as findings of fact and recommend to the Kalispell City Council
that the preliminary plat of Stillwood Farms Subdivision be approved, subject to the
conditions listed below:
9
CONDITIONS OF APPROVAL
General Conditions:
1. The development of the site shall be in substantial compliance with the
application submitted, the site plan, materials and other specifications as well as
any additional conditions associated with the preliminary plat as approved by the
city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat).
2. The preliminary plat approval shall be valid for a period of three years from the
date of approval. (Kalispell Subdivision Regulations, Section 28.2.06(E)).
Prior to final plat:
3. The developer shall submit to the Kalispell Public Works Department for review
and approval a stormwater report and an engineered drainage plan that meets the
requirements of the current city standards for design and construction. Prior to
final plat, a certification shall be submitted to the Kalispell Public Works
Department stating that the drainage plan for the subdivision has been installed
as designed and approved. (Kalispell Design and Construction Standards) .
4. The developer shall submit to the Kalispell Public Works Department, prior to
construction, an erosion/sediment control plan for review and approval and a
copy of all documents submitted to Montana Department of Environmental
Quality for the General Permit for Stormwater Discharge Associated with
Construction Activities. (Kalispell Design and Construction Standards).
5. All existing and proposed easements shall be indicated on the face of the final plat.
Utility easements for city water and sewer shall be provided to allow for the logical
extension of utilities from this subdivision to adjoining properties. A letter from the
Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat. (Kalispell Subdivision Regulations,
Section 28.3.21).
6. The following statement shall appear on the final plat: "The undersigned hereby
grants unto each and every person, firm or corporation, whether public or private,
providing or offering to provide telephone, telegraph, electric power, gas, cable
television, water or sewer service to the public, the right to the joint use of an
easement for the construction, maintenance, repair, and removal of their lines and
other facilities, in, over, under, and across each area designated on this plat as
"Utility Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 28.3.21(H)).
7
7. The applicants shall use the existing mail delivery site location. Prior to filing the
final plat, a letter from the US Postal Service shall be included stating the Service
has reviewed and approved of the design and location of the mail delivery site
expansion. The mail delivery site shall not impact a sidewalk or proposed
boulevard area. (Kalispell Subdivision Regulations, Section 28.3.24).
8. North Riding Road is no longer considered a collector street, therefore the
provision of Kalispell Subdivision Standards 28.3.13 (G1)) prohibiting direct
access onto North Riding Road no longer applies. The easement that was placed
on Lot 3 of Three Mile Subdivision prohibiting access is hereby revoked. (Kalispell
Subdivision Regulations, Section 28.3.14(G(1))).
9. The subdivider shall forward to the city a cash in lieu of parkland payment
equivalent to the undeveloped value of .09 acres of the site (.03 acres per dwelling
unit minus one dwelling unit already compensated for in 2008). (Kalispell
Subdivision Regulations, Section 28.3.22).
On -going conditions:
10. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 28.3.21(Q.
11. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
n.
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
JANUARY 13, 2015
CALL TO ORDER AND
The regular meeting of the Kalispell City Planning Board and Zoning
ROLL CALL
Commission was called to order at 7:00 p.m. Board members present
were: Chad Graham, Karlene Osorio-Khor, Rory Young, Matt
Regier, Steve Lorch and Doug Kauffman. Charles Pesola was absent.
Tom Jentz and PJ Sorensen represented the Kalispell Planning
Department.
APPROVAL OF MINUTES
Lorch moved and Regier seconded a motion to approve the minutes
of the December 9, 2014 meeting of the Kalispell City Planning
Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
No one wished to speak.
FLATHEAD HIGH SCHOOL
Residential On -Street Parking Permit Program around Flathead High
PARKING DISTRICT
and Elrod Elementary. Residents in the vicinity of Flathead High
PUBLIC HEARING
School and Elrod Elementary School have requested the planning
board consider creation of a residential on -street parking permit
program that would require a permit for on -street parking from 8:00
A.M. to 3:00 P.M., Monday to Friday, when school is in session.
Only residents of the district would be eligible to purchase permits.
The permit area would include properties abutting 3rd Avenue West
between 5t' and 9t' streets West and 4d' Avenue West between 8d' and
9d' Streets West. The cost of the permits have yet to be determined,
but will be established by a resolution of the city council, based on
the cost to administer and enforce the parking regulations.
Osorio-Khor noted she has recused herself from the discussions and
BOARD MEMBER RECUSED
votes regarding the residential on -street parking permit program.
HERSELF
After consulting with the City Attorney Mr. Harball it is her
understanding since she served on both the neighborhood and school
district committees relating to the parking district she must recuse
herself.
STAFF REPORT
Tom Jentz, representing the Kalispell Planning Department reviewed
the Residential On -Street Parking Permit program to -date, for the
board and members of the public in attendance.
Jentz updated the board on the meeting that took place between
School District 5 representative Dan Zorn, Devin Kuntz representing
the neighborhood committee and himself.
Jentz reviewed the schools intent to provide additional parking at
Flathead High School and Elrod School; the proposed parking permit
Kalispell City Planning Board
Minutes of the meeting of January 13, 2015
Page I 1
program area as described above; parking district management; the
addition or removal of block faces into or out of the program area; the
cost of signage; and the proposed cost of the parking permits which
would be between $14 - $15 under a five-year payback or up to $70
under a one-year payback.
Staff is recommending that the Kalispell Planning Board adopt the
Westside Neighborhood Parking Management Plan dated January 13,
2015 and with the Plan also adopting the residential on -street parking
permit program under City Code Chapter 17 Motor Vehicles and
Traffic placing a residential on -street parking permit program in
effect for 3rd Avenue West between 51h and 91h Streets West, and 41h
Avenue West between 8th and 9th Streets West.
BOARD DISCUSSION
Lorch asked when a permit is purchased is the permit assigned to that
vehicle and a guest pass is assigned to an address and Jentz said yes.
Lorch noted he gets confused in the discussion regarding block faces
and blocks and suggested they be defined in the plan. Jentz said the
plan itself does define them. Lorch asked if that could be looked at
again as he found it confusing.
PUBLIC HEARING
John Krager - 1136 3r Avenue West noted it was said that the permit
program will try to eliminate the impact on the neighborhood but
questioned why the residents would have to pay for permits to park
their vehicle on a public street and not the students. Graham
indicated this can be addressed at the end of the public comment
period.
Karlene Osorio-Khor, 229 7th Street West reviewed the Montana
Supreme Court's ruling on the resident driven/initiated parking
district around the University of Montana (university) where the court
ruled in favor of the residents/property owners not in favor of the
university. When the permit program was initiated the terms and
conditions of the permit program were not to be driven by one entity.
The University could not determine the size and the boundaries of the
residential parking permit district; the cost; or whether the residential
district would include only avenues and not streets.
Khor said when the process here in Kalispell began two years ago it
was not a city driven/initiated proposal it was a resident
driven/initiated proposal. She noted at every committee meeting was
a representative from School District and complete transparency on
the part of the residents. When the residents went out to talk to the
other 182 residents they knew what they were talking about, what
they wanted the permits to be like, what they wanted the process to
be. They knew the terms and regulations they wanted to see in place,
and they discussed these items with the residents before they secured
their signatures on the petition.
Kalispell City Planning Board
Minutes of the meeting of January 13, 2015
Page 12
Khor said this process involved the school district. The district was
treated like any other resident but they have not respected the
collective desire of the whole neighborhood. The residents are not
here they are discouraged, they feel that this proposal has been
hijacked by the school district, and that terms and conditions have
been imposed upon them that they did not buy into when the
committee came to their door.
When she looks at the proposal she sees it as prejudicial and
discriminatory. She lives on 7th Street West and the plan states in no
time in the future would she be allowed to participate in the
residential parking permit district because her property is on the
street. She also thinks that properties on 3rd Avenue will be worth
more than hers on 7th Street because they are able to purchase a
parking permit.
Khor said they are all neighbors and should all have one voice and the
school district's voice should not be louder than anyone else's.
Marta Moore, 546 3rd Avenue West said she appreciated what Ms.
Osorio-Khor said because she shares her sentiments. She lives on the
corner of 3rd Avenue West and 6th Street and has concerns with the
school district's recommendation to exclude streets. It is apparent to
her that the school district is careless and lackadasical about the
parking issues and how it negatively impacts the residents. She
described the parking situation along her property and noted by 7:30
in the morning there are a swarm of bees in the form of teachers that
pull up and surround her house. She has asked them nicely and not so
nicely to please not park there and they respond it is a public street
and it is convenient.
Moore said her biggest concern is safety and as a mother and
daughter with elderly parents she is concerned about their well being.
Sixth Street is a route from the bypass to Main Street and with the
school traffic makes for a lot of traffic. She explained the problems
with parking when she gets off shift and for her guests and the
dangerous situation she deals with when trying to back out of her
driveway when the street is lined with vehicles and she has to pull out
blindly
She noted school buses and the city dump trucks can't drive down 6th
Street because of all the cars parked there so what would happen is
there is a fire or a city ambulance needs access? She is asking the
board and the planning department to do their due diligence because
they have not only a professional responsibility but a legal
responsibility to ensure that the safety issues are assessed and
resolved, and that they all have the same quality of life.
Kalispell City Planning Board
Minutes of the meeting of January 13, 2015
Page 13
Dan Zorn, Assistant Superintendent of Schools noted they have also
done research on the Supreme Court decision that was mentioned and
he reviewed their findings.
Zorn said the School District expressed their opposition to a parking
district in general from the first meeting. The district was then asked
to bring in another solution to the problem, which they did then after
many meetings and discussions the plan before the board tonight,
although not perfect, is the compromise. The district has not done
anything but present their viewpoints in a respectful manner and they
will continue to do so. This compromise is government working
because it will meet many of the needs of the neighborhood and the
school district.
Devin Kuntz, 725 2nd Avenue West said the plan is a compromise
because they have to meet somewhere in the middle or they won't
affect any change what -so -ever.
Kuntz suggested an amendment to the plan on page 2, Goal 2.1 that
would remove the phrase "little or" from the sentence which would
then read: "Residents in the management area should have no
degradation of public services." Kuntz added they don't want to have
any degradation of services as taxpaying residents and implementing
the parking solution helps alleviate that.
Kuntz noted he agrees with Goal 4.1 "Parking for students, faculty,
and staff should be in close proximity to the schools they serve."
The root issue is the school does not have adequate parking to
accommodate the student body and faculty and more parking would
solve that. There will always be a problem until either a parking
structure or other parking lots are created. This plan is a good start
although it does alienate the residential body who live on the streets
and whose quality of life will continue to be diminished. He also
thinks the cost of the permits should be equally shared by the city as
this parking problem, which started 40 years ago and continues today,
is the result of a planning deficiency because back then every person
did not have their own car.
Kuntz continued under Goal 5.1 this is a community problem, by -in -
large and if they are going to work to affect a good solution it should
be on taxpayers in general and should be budgeted for.
Kuntz said the addition of streets into the district should be
considered because if there is congestion on your streets it creates a
safety problem.
Elma Giavasis 545 3rd Avenue West thanked the board for working
with everyone to finally get somewhere. She supports starting small
and supports the proposal. However, she feels that the streets need to
remain eligible to be added to the parking permit area so that if many
Kalispell City Planning Board
Minutes of the meeting of January 13, 2015
Page 14
of the issues still persist they can go back and solve them in the same
way.
George Giavasis 545 3rd Avenue West said he is in support of the
plan and starting out small. He added they should also find a solution
to add the streets to the parking permit area in the future.
MOTION
Kauffman moved and Young seconded a motion to adopt the
Westside Neighborhood Parking Management Plan dated January 13,
2015 and with the Plan also adopt the residential on -street parking
permit program under City Code Chapter 17 Motor Vehicles and
Traffic placing a residential on -street parking permit program in
effect for 3rd Avenue West between 51h and 91h Streets West, and 41h
Avenue West between 8t' and 9d' Streets West.
BOARD DISCUSSION
Regier said he likes the school solutions of creating parking spaces
because that is the solution. The parking district isn't a solution as it
doesn't create a single parking space; it only changes public streets to
private streets.
Graham said additional parking spaces will be created because the
school district is providing additional parking on their properties for
some staff and students.
Regier agrees this is a community issue and should be addressed by
providing money to the schools to build new parking lots. Graham
said he agrees but he doesn't know where the money would come
from.
Lorch said they have talked about the issue of streets v. avenues and a
lot of other issues. The plan is not etched in stone and there are ways
in place to pinpoint issues. Lorch gives the neighborhood and the
school district a lot of credit because they have reached this
compromise that could not have been reached by the board. Lorch
added recommending approval of the plan is something that the board
can do until the school district is able to provide a solution. However,
Lorch said, doing nothing is not acceptable either and he likes the
plan.
Lorch asked if the number of spaces provided by the schools can
specify an exact number instead of a range of spots, and if there is a
timeframe when the parking spots need to be provided. He added if a
free guest pass is issued with each parking permit what would prevent
the residents from giving them to students and should that be
addressed.
Kauffinan said in the actual management plan regarding a timeframe
under 2.A. & 3.A. it clearly states that the parking expansion will take
lace in 2015.
Kalispell City Planning Board
Minutes of the meeting of January 13, 2015
Page 15
Graham noted this process first came before the board in June and it
has been quite a ride. Graham agreed that there has been a significant
compromise between the neighborhood and the school district. He
acknowledged that the plan doesn't make everyone happy but he likes
that it is starting out as a smaller manageable area. In addition he
likes the triggers that were added to ensure that the permits are being
used, and blocks can be removed or added as necessary. The district
helps address the health and welfare of the residents in the area that is
impacted the most. Graham added if the plan is moved on to city
council the will look at all aspects of the program including funding
structure, fees for permits, violations & fines and police patrol.
Graham said he supports the plan.
Graham addressed the question of why students would not purchase
permits and he said the purpose of this district is to manage the
congestion and the student's cars are creating that congestion so if
they are allowed to buy the permits all we are doing is creating
revenue, not dealing with the parking problems.
Lorch said he has heard several people on all sides say that to require
students to buy permits could be a way to discourage students from
getting to school.
ROLL CALL VOTE
The motion passed on a roll call vote of 4 in favor and one opposed.
CASCADE PROFESSIONAL
A request from Cascade Professional Park, LLC, on behalf of Chris
PARK, LLC — CONDITIONAL
Sund for a Conditional Use Permit to construct 12 residential
USE PERMIT
apartment units. The development would consist of three four-plex
buildings on two lots along Financial Drive. The current addresses of
the two properties are 91 and 95 Financial Drive.
STAFF REPORT
P.J. Sorensen, representing the Kalispell Planning Department
reviewed staff report KCU-14-04 for the board.
Sorensen reviewed the location, surrounding uses, residential and
commercial, the site plan, utility easements, plans for stormwater on
the property, and photos of an existing four-plex similar to the ones
proposed. Water and sewer lines are adjacent to the property, and
there is a public R/W to serve the use.
Sorensen noted any time there are 5 or more units on a property, a
recreational amenity aspect is required — in this case 6000 square feet
or the equivalent value in recreational amenities. The developer is
proposing 6343 square feet of open space with improvements such as
play ground equipment and park benches, so they go above and
beyond the requirements.
Comments have been received and copies have been given to the
Kalispell City Planning Board
Minutes of the meeting of January 13, 2015
Page 16
board members for their review.
Staff recommends that the Kalispell Planning Board adopt staff report
KCU-14-04 as findings of fact and recommend to the Kalispell City
Council that the Conditional Use Permit be approved subject to the 11
conditions listed in the staff report.
Sorensen noted Condition 910 relates to the stormwater catch basin
and in order to make their plan work the applicant would need to
secure a permanent easement. Without the easement they would have
to redesign the site that may include reducing the number of units.
BOARD DISCUSSION
Osorio-Khor referenced the letter from Cascade Investments under
item 6 that states the park was to be commercial and she asked if
there were any representations of that made to the Planning
Department in writing and Sorensen said no, not to or from the city or
Planning Department. Sorensen added under the B-2 zoning a mix of
uses has always been allowed.
Graham referenced the letter from Go Ventures that states "Again
changing zoning to allow residential in a business zone creates a
safety hazard and is irresponsible." Sorensen said the zoning is not
changing. The B-2 zoning is in place and allows multi -family with a
conditional use permit.
Osorio-Khor asked if the claim could be made that there is a safety
hazard in that these two entities don't mesh well. Sorensen said the
Police, Fire and Public Works departments all reviewed the request
and no issues were mentioned. There is an existing apartment
complex to the north however their access is from the north.
Sorensen added it is not uncommon to see multi -family adjacent to
offices in interface areas.
Lorch asked if the buffer described under the Fencing/
Screening/Landscaping section in the staff report should be between
the different uses instead of the different zones — essentially buffering
the residential use from the commercial use which could address
some of those concerns. Sorensen said the condition was included
because it is a specific section in the zoning ordinance.
Graham noted the elevation drawings show a lack of 4-sided
architecture and asked what the Architectural Review Committee
might recommend. Sorensen said the committee does not have a list
of exact changes but they would look at ways to improve 4-sided
architecture. Sorensen added this has already been discussed with the
applicant.
PUBLIC HEARING
Robin Allen, 100 Financial Drive said he appreciates hearing that the
Police Department has looked at the plan but no traffic studies have
been completed to address the dangers to children in this commercial
Kalispell City Planning Board
Minutes of the meeting of January 13, 2015
Page 17
zone. He described the large volume of traffic generated by
employees and customers and from the public assistance and family
services building. He said Financial Drive on the east and south of
the proposed buildings is only 21 feet wide with the snow berms and
a very narrow two-lane road the rest of the year.
Allen continued having a non -business apartment entity in the midst
of a commercial development would cause, in his opinion, a huge
decrease in the value of their property. He also thinks that something
has to be done to make Financial Drive safer if this development is
approved and if access through Gateway West Mall is eliminated.
Ryan Casne, representing the respective buyers of this property said
overall they have been happy with the interactions with planning and
public works and he noted the plan they are presenting has been laid
out with quite a bit of foresight. Casne noted they have no issues
with the findings of fact and the recommendations. They agree with
the staff report that indicates this property is in an ideal location for
multi -family, a good use of a B-2 lot, and is in line with the Growth
Policy.
Casne noted there is a discrepancy in the traffic generated by this
development. The staff report indicates 96 vehicle trips per day, and
Casne added if you use the ITE value at 9.57 per single-family
dwelling unit the amount would be 120. This is much less than the
300 — 400 figures that were included in the comment letters received.
Casne noted his clients would be willing to buffer the west side of the
property from the business uses with vegetative screening, which has
been part of the plan all along. In addition they are amenable to
improving the 4-sided architecture. The units are not low income
apartment buildings, they are nice 3 bedroom, one & one-half bath
buildings and not a HUD type of development.
Terry O'Keefe, representing GO Ventures stated they built the
building to the west of this proposed development in 2006 within
what they thought would be a business park, as it was advertised. As
it stands now this proposed development is located at the entrance to
the business park in a B-2 zone. O'Keefe added in speaking with
potential renters looking at their leasable space now, they said they
would not come into the building if they had to travel through a
residential area. She added these are similar issues as the high school
and now is the time to stop it rather than being here trying to solve it
down the road.
O'Keefe said regarding safety, apartments bring kids, bikes, people
walking their dogs, and the proposed location of the playground is
where 1000 cars go by every day. Forcing employees and their
clients to travel through a residential area is not appropriate. If they
Kalispell City Planning Board
Minutes of the meeting of January 13, 2015
Page 18
are not able to keep their tenants it is a financial hardship on them and
it lowers the value of their building.
Mark Giacoletto, representing GO Ventures noted he receives
multiple calls regarding parking problems now in their lots and has to
have vehicles towed all the time. He is concerned that with the
addition of these new apartment buildings there will be more cars
without enough parking available that will spill onto their parking lots
creating additional parking problems. He added if the mall blocks the
access road that will create a one-way in and one-way out situation
with an enormous traffic impact on that corner.
Casne added two parking spaces are required per living unit and they
are proposing 28 that would give them 4 guest parking spaces. Also
Two Mile Drive has residential units and a very large residential
complex to the north so they feel the proposed use of this property is
very appropriate in this location.
MOTION
Regier moved and Lorch seconded a motion to adopt staff report
KCU-14-04 as findings of fact and recommend to the Kalispell City
Council that the Conditional Use Permit be approved subject to the 11
conditions listed in the staff report.
BOARD DISCUSSION
Graham said he has the same concern about the playground location
and asked staff if they felt it was a concern. Jentz said low -profile
fencing could be added but traffic near residential complexes occurs
all over town, such as the apartment complex on North Meridian
Road that gets 4,000 — 5,000 vehicle trips per day.
Osorio-Khor said zones that allow a mix of uses can create a mess of
things. With these commercial buildings and the road this just
doesn't fit even though the zoning allows it. Jentz said these uses
were separated in the past however the city's Core Area Plan creates a
direction where residences and work are side -by -side and are shared
instead of isolated. One concept might be perhaps residential in the
area would slow the traffic down around the corner.
Lorch said in relation to stormwater, if the number of units is changed
will they have to come back through the conditional use permit
process and Sorensen said they would already have the permit for
multi -family. Typically the addition of units is when you would
expect them to come back through the process.
Lorch asked what the is the width of Financial Drive and Jentz
indicated there was not enough property off of Two Mile Drive to
construct a full 60 foot R/W so a variance was granted but the travel
surface is 28 feet wide. There is no need for parking along Financial
Drive and it meets fire and public access standards. Jentz added a
standard city street would be 28 feet with parking. Lorch noted the
Kalispell City Planning Board
Minutes of the meeting of January 13, 2015
Page 19
level of traffic from a residential use such as the proposed plan would
be much less than a commercial use. Regier agreed.
Robin Allen noted only part of Financial Drive is 28 feet, but the
access off of Two Mile Drive is 22 or 23 feet wide. He added this is a
dangerous situation when you add children into the mix.
Further discussion regarding traffic and the road was held. Sorensen
added whether the road was at or slightly below the standard city
council granted a variance to serve commercial use and the city
doesn't feel it is an issue. Traffic Impact Studies are not required until
you have 300 trips per day so it was not required for this proposal.
Below that amount no significant impacts are anticipated.
Graham asked if there would be a way to buffer the playground
without using a chain link fence and Casne said at an intersection like
this there would be a site triangle issue so you are limited as to the
materials you can use and the height of a fence.
Osorio-Khor asked how long this property has been undeveloped and
Sorensen said approximately 10 years.
Graham noted compared to other uses that could be located on this
property residential is pretty benign, especially with the traffic
generated.
Lorch noted this use is permitted, with conditions, to mitigate issues
between the commercial and residential use. The only real issue is
buffering between the residential and the commercial uses.
MOTION TO AMEND
Lorch moved and Graham seconded a motion to amend Condition 95
CONDITION #5
to add a view -obscuring fence or vegetative buffer along the west,
and a landscaping vegetative buffer where appropriate along the
south.
BOARD DISCUSSION
There was discussion regarding the type and location of buffering that
should be required.
ROLL CALL VOTE — AMEND
The motion failed on a roll call vote of 2 in favor and 4 opposed.
CONDITION #5
ROLL CALL VOTE
The motion passed on a roll call vote of 5 in favor and 1 opposed.
STILLWOOD FARMS —
A request by Serengeti Properties, LLC for preliminary approval of
PRELIMINARY PLAT
Stillwood Farms, a two -lot subdivision with each lot intended to
accommodate a two -unit townhouse. The subdivision is located at 56
Vista Loop in Kalispell and is bounded by Three Mile Drive on the
south, North Riding Road on the west and Vista Loop on the
northeast. The property is one-half acre in size and is zoned RA-1
Kalispell City Planning Board
Minutes of the meeting of January 13, 2015
Page 110
Residential Apartment which allows two -unit townhouses as a
permitted use.
MEMBER RECUSED Kauffinan stated he is recusing himself from the Stillwood Farms
HIMSELF discussion and vote due to a direct conflict of interest. His firm is
providing consulting services on this project.
Young stated that his employer also has a potential future
professional relationship with Mr. Fraser and his company but it has
nothing to do with the Stillwood Farms project. He doesn't see any
need to recuse himself unless the board feels it would be appropriate.
The board did not feel there was a conflict of interest.
STAFF REPORT Tom Jentz, representing the Kalispell Planning Department reviewed
Staff Report KPP-14-03 for the board.
Jentz reviewed the location, surrounding residential uses, and site
map. There is a pedestrian path along the southern boundary that in
the next 18 months will connect past the bypass all the way back to
Meridian Road. The zoning on the property is RA-1 which is
appropriate for the proposed use. The access to this property is from
Vista Loop with shared driveways for the 2-unit townhouses so the
parking requirements are met. The applicants are proposing to take
the driveway through to North Riding Road for emergency services
only and this access would be gated.
Jentz continued North Riding Road was originally envisioned to be a
collector street that would connect to Parkridge Drive however, that
connection was never done. That is important because when the
subdivision was originally laid out a condition was added that there
no access be allowed onto North Riding Road from residences. Since
North Riding Road has not become a collector the condition is no
longer as critical as it was originally.
Jentz said in light of that Condition 98 should be amended to add:
"Language revoking the no access easement shall be noted on the
face of the final plat."
Staff recommends that the Kalispell Planning Board adopt staff report
KPP-14-03 as findings of fact and recommend to the Kalispell City
Council that the preliminary plat of Stillwood Farms Subdivision be
approved, subject to the 11 conditions listed in the staff report,
including the amendment to Condition #8 noted above.
Jentz noted a comment of concern was received from Mr. Braaten
regarding parking. The parking along Three Mile Views subdivision
is problematic with the townhouse configuration and there is not a lot
of room for visitor/guest parking.
Kalispell City Planning Board
Minutes of the meeting of January 13, 2015
Page 111
BOARD DISCUSSION Young questioned the number of lots and thought it should reference
4 units and not lots. Jentz explained they are sublots as each unit is
privately owned and taxed as individual lots - four lots are being
created from one lot.
Graham suggested that the emergency access be opened as another
full access because it doesn't make sense to pass the gate turn onto
Vista Loop and drive past your house to the access road then
backtrack to their property.
Lorch asked if they wanted to use the emergency access as their
driveway would they need an approach permit for access to North
Riding Road. Jentz said the city is not requiring the emergency access
and if they want to manage it as a driveway they can. Lorch suggested
removing the emergency access only note from the plat. Jentz noted
that could be discussed when this plat goes before the city council.
PUBLIC HEARING Mike Fraser, 690 North Meridian Road stated he is representing
Serengeti Properties. The property is zoned RA -I and there is a lot of
duplex/townhouse use in the area so this use is consistent with the
area and zoning.
Fraser suggested that they make a last minute change to have the
main approach be off of North Riding Road and no approaches off
Vista Loop. If there were concerns about their project adding parking
problems to Vista Loop that would not occur with changing the
access to North Riding Road. They meet the parking requirements
and it would be a dead end road and would not affect anyone else.
Duane Braaten, 4290 Farm to Market Road stated he is a homeowner
that borders this property. If the board considers the approach off
North Riding Road that will alleviate a lot of his concerns. His
concern is with accessing this property off of Vista Loop. There is a
very narrow entrance between an electrical transformer and his
property, especially when you consider snow removal and the cars
parked along the streets that make it very restrictive for the
driveways.
Braaten continued on paper it looks great but in reality these units are
often rented out - 3 bedrooms, 3 cars as garages are used for storage
units and the cars are parked on the streets. Braaten added he includes
in his rental agreements for his units that there are no more than two
cars allowed and they cannot park on the street. That way when
guests come they can park on the street. He does not want cars from
these new units to park in front of his units.
Braaten said if the board approves the subdivision it should be
accessed off of North Riding Road and not allow the road to go
through to Vista Loop.
Kalispell City Planning Board
Minutes of the meeting of January 13, 2015
Page 112
Mark Waatti, 27 Meridian Court stated he represents Serengeti
Properties. Waatti said they had originally approached the city with
the access off of North Riding Road and no access onto Vista Loop so
if the board would make that a condition they would be open to that
change. When they first looked at it there was the restriction on the
plat that did not allow access from North Riding Road.
MOTION
Lorch moved and Young seconded a motion to adopt staff report
KPP-14-03 as findings of fact and recommend to the Kalispell City
Council that the preliminary plat of Stillwood Farms be approved
subject to the 11 conditions listed in the staff report and including the
amendment to Condition 98 as noted above.
BOARD DISCUSSION
Graham asked staff to provide information on the access question
which Jentz did. Jentz said a change in the access road would require
staff to get feedback from the other departments. Jentz added he can
see the merit of not having access onto Vista Loop and not having a
gated road within the development.
Jentz suggested that the board move the plat forward as is to city
council and he would contact the other departments to discuss the
change in access. Then if the city council agrees to change the access
that would be a minor change.
Fraser suggested that the board amend the conditions to allow them to
have their access onto North Riding Road so the city council has
something to change. Fraser added there is just enough between the
power boxes to get the driveway in — 22 feet.
Osorio-Khor said there is a lot of merit to what Mr. Fraser said and it
may be worth it to amend the conditions to include the change.
Lorch said without the restriction the plat could have come in with
one lot accessing North Riding Road and the other accessing Vista
Loop. Lorch said he wouldn't try to restrict the proposal to going one
way or the other and let's wait until staff has a chance to contact the
other departments.
Osorio-Khor still thinks it wouldn't do any harm to change the
conditions and certainly if staff reports that this would not be
recommended it could be removed.
Young said the cleanest way to do this is if the developer is willing to
wait another month the proposal could be tabled until the next board
meeting. The board agreed they did not want to hold up the project
for the developer.
Jentz noted staff has direction based on the board's discussion and
Kalispell City Planning Board
Minutes of the meeting of January 13, 2015
Page 113
staff will meet with the other departments and the applicant and come
up with something to solidly propose to council.
ROLL CALL VOTE
The motion passed on a roll call vote.
OLD BUSINESS:
Osorio-Khor noted she had previously requested that the board
consider a review of the board's bylaws. Jentz said we could fit that
in a work session this Spring.
Graham updated the board on the council's review of the updates to
the Growth Policy and the Captain's Marine Planned Unit
Development.
NEW BUSINESS:
Jentz updated the board on the new Senior Planner, Jarod Nygren,
who will be arriving on February 3, 2015.
Jentz reviewed the agenda for the February meeting which includes
two agency exemptions for Flathead County. One for the new south
campus building adjacent to the Earl Bennett building and a
maintenance building adjacent to Legends Field. There will also be a
work session to review the planned unit development for the 41h phase
of the Spring Prairie Center, a commercial development located
across Highway 93 North from FVCC (the former DNRC campus).
ADJOURNMENT
The meeting adjourned at approximately 9:40 p.m.
NEXT MEETING
The next regular planning board meeting is scheduled for February
10, 2015 beginning at 7:00 p.m. and located in the Kalispell City
Council Chambers, 201 1st Avenue East, Kalispell.
Chad Graham
President
APPROVED as submitted/corrected: / 115
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of January 13, 2015
Page 114
Planning Department
201 lst Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/ planning
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION
FEE SCHEDULE: FEE ATTACHED 41 i 5po`
Major Subdivision (6 or more lots)
$1,000 + $125/lot
Mobile Home Parks 8v Campgrounds (6 or more spaces)
$1,000 + $250/space
(5 or fewer spaces)
$400 + $125/space
Amended Preliminary Plat
Amendment to Conditions Only
$400 base fee
Re -configured Proposed Lots
Base fee + $40/lot
Add Additional Lots or Sublots
Base fee + $125/lot
Subdivision Variance
$100 (per variance)
Commercial and Industrial Subdivision
$1,000 + $125/lot
SUBDIVISION NAME: Stillwood Farms
OWNER(S) OF RECORD:
Name Serengeti Properties, LLC Phone
Mailing Address
27 Meridian Court
City Kalispell State MT zip 59901
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
Name & Address Fraser Management & Consulting. PLLC.
Name & Address 690 North Meridian, Ste. 103
Name &
Kalisoell, MT. 59901
LEGAL DESCRIPTION OF PROPERTY:
Property Address 56 Vista Loop, Kalispell, MT
Assessor's Tract No(s) 0009129 Lot No
1 /4 Sec Section 1 Township 28N Range 22W
GENERAL DESCRIPTION OF SUBDIVISION:
Number of Lots or Rental Spaces 4 Total Acreage in Subdivision 0.50
Total Acreage in Lots
0.50 Minimum Size of Lots or Spaces 0.10
Total Acreage in Streets or Roads 0 Maximum Size of Lots or Spaces
Total Acreage in Parks, Open Spaces and/or Common Areas
0.16
N
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family Townhouse X
Duplex x Apartment
Commercial Industrial
Condominium Multi -Family
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
Other
APPLICABLE ZONING DESIGNATION & DISTRICT RA-1
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS $65,000
IMPROVEMENTS TO BE PROVIDED:
Roads: Gravel Paved _x Curb Gutter Sidewalks Alleys Other
Water System: Individual Multiple User Neighborhood Public _X_Other
Sewer System: Individual Multiple User Neighborhood Public _Other
Other Utilities: Cable TV Telephone Electric Gas Other
Solid Waste: Home Pick Up x Central Storage Contract Hauler Owner Haul
Mail Delivery: Central X Individual School District:
Fire Protection: Hydrants _Tanker Recharge Fire District:
Drainage System: nn site
PROPOSED EROSION/SEDIMENTATION CONTROL: Best Management
Practices
VARIANCES: ARE ANY VARIANCES REQUESTED? NO (yes/no) If yes,
please complete the information below:
SECTION OF REGULATIONS CREATING HARDSHIP:
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE
WITH REGULATIONS
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE
REGULATIONS:
K
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW:
1. Will the granting of the variance be detrimental to the public health, safety or
general welfare or injurious to other adjoining properties?
2. Will the variance cause a substantial increase in public costs?
3. Will the variance affect, in any manner, the provisions of any adopted zoning
regulations, Master Plan or Growth Policy?
4. Are there special circumstances related to the physical characteristics of the site
(topography, shape, etc.) that create the hardship?
5. What other conditions are unique to this property that create the need for a
variance?
3
APPLICATION CONTENTS:
The subdivider shall submit a complete application addressing items below to the
Kalispell Planning Department at least thirty five (35) days prior to the date of the
Planning Board meeting at which it will be heard.
1. Preliminary plat application.
2. 10 copies of the preliminary plat.
3. Electronic copy of plat.
4. One reproducible set of supplemental information. (See Appendix A of
Subdivision Regulations for the city where the subdivision is proposed.)
5. One reduced copy of the preliminary plat not to exceed 11" x 17" in size.
6. A bona fide legal description of the subject property and a map showing
the location and boundaries of the property.
7. Application fee.
8. A certified list of all property owners within 150 feet of the subject
property is required with the information listed below. The list can be
obtained from the Flathead County GIS Office (see attached form), or from
a title company. Please note: Streets and roads are not included as part of
the 150 feet.
Assessor# Sec-Twn-R.ng Lot/Tract No Property Owner & Mailing Address
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be untrue, I understand that any
approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be
present on the property for routine monitoring and inspection during the approval and
development process.
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VICINITY MAP SCALE 1" = 50'
STILLWOOD FARMS/SERENGETI PROPERTIES, LLC
REQUEST FOR A 4 LOT RESIDENTIAL (DUPLEX/TOWNHOUSE) PRELIMINARY PLAT LOCATED
ON ONE-HALF ACRE AT THE INTERSECTION OF THREE MILE DRIVE AND NORTH RIDING RD.
THE PROPERTY IS ZONED RA-1 (RESIDENTIAL APARTMENT).
FILE# KPP-14-03
PLOT DATE 12/2114
H:\gislsitelkppl4_03 - Stiiluvood Fanns.dwg
CERTIFICATION
APPLICANT: Stillwood Farms Preliminary Plat
FILE NO: KPP-14-03
I, the undersigned certify that I did this date mail via Certified Mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property where a preliminary plat has been requested.
Date:
S-T-R: 1-28-22
Tract/Lot: Resubdivision of Lot 1 of Three Mile Views
Property Owners/Owner Representative:
Serengeti Properties, LLC
27 Meridian Court
Kalispell, MT 59901
Fraser Management & Consulting, P.C.
690 N Meridian Rd, Ste 103
Kalispell, MT 59901
AND ATTACKED LIST
Serengeti Properties, LLC Fraser Management & G. Marsden Blanch
P.C.
27 Meridian Court Consulting, 11506 South State Street
Kalispell, MT 59901 690 N Meridian Rd, Ste 103 Draper, UT 84020
Kalispell, MT 59901
Sam Simonson
64 Vista Loop
Kalispell, MT 59901
Tina M. Blair
67 Vista Loop
Kalispell, MT
Todd & Julie Morstein
45 Vista Loop
Kalispell, MT 59901
New Vistas Assisted Living, LLC
135 West Idaho Street, Ste B
59901 Kalispell, MT 59901
Duane & Janette Braaten
4290 Farm to Market Road
Kalispell, MT 59901
Dorothy G. McGlenn Bypass TR
212 Three Mile Drive
Kalispell, MT 59901
Janet M & Randolph W
10718 Saratoga Circle
Sun City, AZ 85351
J. Todd Holleman
4189 Hickory Highway
Statesville, NC 28667
Janie M. Edwards -Dixon
261 Three Mile Drive
Kalispell, MT 59901
Ek Flathead Bank of Bigfork
120 Hutton Ranch Road
Kalispell, MT 59901
Clayton & Martha Odegaard
31375 Sunrise Heights
Polson, MT 59860
Tiffani L. Grob
68 Vista Loop
Kalispell, MT 59901
Steve & Cindy Radosevich Micki & Thomas Nonemacher City of Kalispell
1583 McMannamy Draw 236 Three Mile Drive Attn: City Clerk
Kalispell, MT 59901 Kalispell, MT 59901 P.O. Box 1997
Kalispell, MT 59903
Planning Department
201 1"' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
You are being sent this notice because you are a property owner within 150 feet of the proposed project noted
below and will be most directly affected by its development. You have an opportunity to present your
comments and concerns to the Kalispell Planning Department. You may come into the office in person at the
above address or you may contact the office at (406) 758-7940 for additional information. Written comments
may be submitted to the Kalispell Planning Department prior to the submission date, or emailed to us at
planning@kalispell. com.
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
JANUARY 13, 2015
A regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for
Tuesday, January 13, 2015, beginning at 7:00'PM in the Kalispell City Council Chambers, Kalispell
City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take
public comments on the following agenda items. The Board will make recommendations to the Kalispell
City Council who will take final action.
Residential On -Street Parking Permit Program around Flathead High and Elrod Elementary.
Residents in the vicinity of Flathead High School and Elrod Elementary School have requested the
planning board consider creation of a residential on -street parking permit program that would require
a permit for on -street parking from 8:00 AM to 3:00 PM, Monday to Friday, when school is in
session. Only residents of the district would be eligible to purchase permits. The permit area would
include properties abutting 3rd Avenue West between 5" and 9"' Streets West and 4th Avenue West
between 8"' and 9"' Streets West. The cost of the permits have yet to be determined, but will be
established by a resolution of the City Council, based on the cost to administer and enforce the
parking regulations.
2. A request from Cascade Professional Park, LLC, on behalf of Chris Sund for a Conditional Use
Permit to construct 12 residential apartment units. The development would consist of three four-plex
buildings on two lots along Financial Drive. The current addresses of the two properties are 91 and
95 Financial Drive. The property can be described as Lots 1 and 2 of the Amended Plat of Lot 1 of
the Amended Plat of a Portion of Gateway West Addition #34, Flathead County, Montana.
3. A request by Serengeti Properties, LLC for preliminary approval of Stillwood Farms, a two lot
subdivision with each lot intended to accommodate a two -unit townhouse. The subdivision is located
at 56 Vista Loop in Kalispell and is bounded by Three Mile Drive on the south, North Riding Lane on
the west and Vista Loop on the northeast. The property is '/z acre in size and is zoned RA-1
Residential Apartment which allows two -unit townhouses as a permitted use. The property is more
specifically described as Lot 1 of Three Mile Views in Section 1, Township 28N, Range 22W, PMM,.
Flathead County MT.
Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning
Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during
regular office hours. In addition, information on the agenda items is posted on our website at
www.kalispell.com/planning under "Planning Board Agenda & Staff Reports".
Interested persons are encouraged to attend the hearing and present their views and concerns to the Board.
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WHEREAS, Serengeti Properties, LLC, the owner of the certain real property described above, has
petitioned for approval of the Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing cM
January 13, 2015 on the proposal and reviewed Subdivision Report #KPP-14-
issued by the Kalispell Planning Department; and I
WHEREAS, the Kalispell City Planning Board and Zoning Corurnission has recommend
approval of the Preliminary Plat of Stillwood Farms Subdivision subject to cert
conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of February 17,
2015, reviewed the Kalispell Planning Department Report #KPP- 14-03, reviewed the
recommendations of the Kalispell City PlanningBoard 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 2. That the application of Serengeti Properties, LLC for approval of the
Preliminary Plat of Stillwood Farms Subdivision, Kalispell, Flathead County,
Montana is hereby approved subject to the following conditions:
General Conditions:
The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council. (Kalispell
Subdivision Regulations, Appendix C — Final Plat).
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval. (Kalispell Subdivision Regulations, Section 28.2.06(E)).
Prior to final plat:
3. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater report and an engineered drainage plan that meets the requirements of
the current city standards for design and construction. Prior to final plat, a certification shall
be submitted to the Kalispell Public Works Department stating that the drainage plan for the
subdivision has been installed as designed and approved. (Kalispell Design and Construction
Standards).
k. The developer shall submit to the Kalispell Public Works Department, prior to constructio"
an erosion/sediment control plan for review and approval and a copy of all documen
submitted to Montana Department of Environmental Quality for the General Pen -nit
Stormwater Discharge Associated with Construction Activities, (Kalispell Design a•
Construction Standards).
5. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logic extension of
logical
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final
plat. (Kalispell Subdivision Regulations, Section 28.3.21).
6. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the
public, the right to the joint use of an easement for the construction, maintenance, repair, and
removal of their lines and other facilities, in, over, under, and across each area designated on
this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 28.3.21(H)).
7. The applicants shall use the existing mail delivery site location. Prior to filing the final plat,
a letter from the US Postal Service shall be included stating the Service has reviewed and
approved of the design and location of the mail delivery site expansion. The mail delivery
site shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision
Regulations, Section 28.3.24).
North Riding Road is no longer considered a collector street, therefore the provision of
Kalispell Subdivision Standards 28.3.13 (GI)) prohibiting direct access onto North Riding
Road no longer applies. The easement that was placed on Lot 3 of Three Mile Subdivision
prohibiting access is hereby revoked. (Kalispell Subdivision Regulations, Section
28.3.14(G(1))).
9. The subdivider shall forward to the city a cash in lieu of parkland payment equivalent to the
undeveloped value of .09 acres of the site (.03 acres per dwelling unit minus one dwelling
unit already compensated for in 2008). (Kalispell Subdivision Regulations, Section 28.3.22).
10. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
28.3.21 (Q).
11. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION 3. 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.
4_Y-I'HE_1T1A7 UJK OF T
CITY OF KALISPELL THIS 17TH DAY OF FEBRUARY, 2015.
Mark Johns
Mayor I
Aimee Brunckhorst, CMC
City Clerk