E1. Resolution 5748 - Owl View Subdivision Preliminary PlatPLANNING FOR THE FUTURE
REPORT TO: Doug Russell, City Manager D
rL
FROM: Jarod Nygren, Senior Planner
SUBJECT: KPP-15-03 — Owl View Subdivision
MEETING DATE: January 4, 2016
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
BACKGROUND: Owl Corporation is requesting preliminary plat approval for a 3-lot major
subdivision of 4.082 acres, within West View Estates. The lots will range in size from approximately
.6 and 1.7 gross acres. The land use of the three lots has not been determined at this time; however
any use proposed on the lots will have to comply with the applicable zoning. Owl Corporation is
requesting to utilize all municipal public services including water, sewer, police and fire services. The
subject property to be subdivided is located along Gunnar Drive, approximately 130 feet west of
Taelor Road and north of Old Reserve Drive. The general location of the property is the SW4 of the
SW4 of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. Exhibit
"A", attached to the staff report more precisely describes the subject property.
The Kalispell Planning Board held a duly noticed public hearing December 8, 2015, to consider the
application request. Staff presented staff report KPP-15-03 providing details of the proposal and
evaluation. Staff noted some corrections to the staff report conditions which included changing the
language in the conditions of approval from "prior to building permit issuance" to "prior to final plat"
on page 6. Staff reported that the proposed preliminary plat was consistent with the subdivision
regulations, the zoning, and the growth policy. Staff recommended that the Planning Board adopt the
staff report as findings of fact and recommend to the City Council that the preliminary plat be
approved, subject to conditions.
During the public comment portion of the hearing, the applicant spoke briefly regarding the
preliminary plat request. There being no additional public testimony, the public hearing was closed
and a motion was presented to adopt staff report KPP-15-03 as findings of fact, and recommend to
the Kalispell City Council that the preliminary plat be approved, subject to conditions. Board
discussion concluded that the preliminary plat was appropriate, and the motion passed unanimously
on roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the resolution
for the preliminary plat, subject to conditions.
FISCAL EFFECTS: Approval of the request will allow the applicant to proceed with development
of the site, which in turn will have positive fiscal impact.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution # 5748
December 8, 2015, Kalispell Planning Board Minutes
Staff Report & Exhibit A
Application Materials & Maps
Staff report compiled: December 15, 2015
c: Aimee Brunckhorst, City Clerk
Owl Corporation, 500 Palmer Drive, Kalispell, MT 59901
Sands Surveying, Attn: Eric Mulcahy, 2 Village Loop, Kalispell, MT 59901
RESOLUTION NO. 5748
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF OWL
VIEW SUBDIVISION, DESCRIBED AS THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Owl Corporation, 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 on
December 8, 2015 on the proposal and reviewed Subdivision Report #KPP-15-03
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval
of the Preliminary Plat of Owl View Subdivision subject to certain conditions and
recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of January 4,
2016, reviewed the Kalispell Planning Department Report #KPP-15-03, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-15-03 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Owl Corporation for approval of the Preliminary Plat
of Owl View Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
General Conditions:
That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional conditions
associated with the preliminary plat as approved by the city council.
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
Prior to Final Plat:
3. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction and Montana
Public Works Standards. The design shall be certified in writing by a professional engineer
licensed in the State of Montana. All design work shall be reviewed and approved in writing
by the Kalispell Public Works Department prior to construction. This infrastructure shall
include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and
sidewalks.
4. Water and sewer main extensions shall be designed and constructed in accordance with the
current City of Kalispell's Standards for Design and Construction and Montana Public Works
Standard Specifications. The water and sewer main extension plans shall be reviewed and
approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be
submitted to the Public Works Department stating that the water and sewer mains have been
built as designed and approved.
5. Roadway and utilities located within the Gunnar Drive right-of-way shall be extended to the
west property lines of Lots 2 and 3.
6. Access to Lot 1 shall be restricted to the alley proposed along the western property line.
7. The Alley and Utility easement proposed along the western property line of Lot 3 shall be
extended to the northwest corner of the lot.
8. Public services for the proposed lots shall not come from the utilities located within the Old
Reserve Drive right-of-way, but from the extension of the utilities along Gunnar Drive.
9. 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 Public Works Department stating that the drainage plan for the subdivision
has been installed as designed and approved.
10. 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.
11. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell, or a proper bond has been accepted
for unfinished work.
12. The following requirements shall be met per the Kalispell Fire Department and so certified in
writing by the Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code (2012).
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code
(2012).
d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided
in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
13. 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. Alley easements shall be labeled as private. A letter
from the Kalispell Public Works Department shall be obtained stating that the required easements
are being shown on the final plat.
14. 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 oftheir
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
Prior to Building Permit Issuance:
15. If lots 2 and 3 are developed as residential, the developer shall dedicate to the city a cash or land
dedication equal to .03 acres per dwelling unit at the time of building permit.
Ongoing conditions:
16. All utilities shall be installed underground.
17. 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.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 4TH DAY OF JANUARY, 2016.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
OWL VIEW SUBDIVISION
REQUEST FOR MAJOR SUBDIVISION PRELIMINARY PLAT
STAFF REPORT #KPP-15-03
KALISPELL PLANNING DEPARTMENT
November 18, 2015
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request for preliminary plat approval of a 3-lot subdivision in Westview Estates. A public
hearing has been scheduled before the Kalispell Planning Board for December 8, 2015
beginning at 7:00 PM in the Kalispell City Council Chambers. A recommendation from the
Kalispell Planning Board will be forwarded to the Kalispell City Council for final action.
BACKGROUND INFORMATION: A request for a major subdivision of 4.082 acres into
three parcels consisting of .515, .902 and 1.584 net acres. Total acreage in roads and
streets is 1.081 acres. The 4.082 acres is a portion of the remainder parcel from the West
View Estates subdivision. The original tract of land has previously been subdivided more
than five times necessitating a major subdivision application. The land uses of the
parcels being created are not known at this time. Any use proposed will have to comply
with the applicable zoning of the property (either RA-2 or R-3). Owl Corporation is
requesting to utilize all municipal public services including water, sewer, police and fire
services.
A. Petitioner and Owners: Owl Corporation
500 Palmer Drive
Kalispell, MT 59901
Technical Assistance: Sands Surveying, Inc.
2 Village Loop
Kalispell, MT 59901
Location: The subject property to be subdivided is located along Gunnar Drive,
approximately 130 feet west of Taelor Road and north of Old Reserve Drive. The general
location of the property is a tract of land, lying, and being within the SW4 of the SW4 of
Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. A
more precise legal description of the subject property is attached as Exhibit "A".
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Owl Corporation "
Request for Preliminary Plat for a 3 Lot Subdivision on.D$ acres
One Townhouse Lot and 2 Lot$ for Office or Multi -family Residential
(to comply with Zoning) RA-2 and R-3
Size:
Total area: 4.082 acres
Lot 1:
.515 acres
Lot 2:
.902 acres
Lot 3:
1.584 acres
Roads/Streets:
1.081 acres
Existing Land Use and Zoning: The subject property is an undeveloped portion
of the West View Estates Subdivision and is undeveloped grasslands.
Lot number 1 is within the R-3 (Residential) Zoning District. The R-3 Zoning
District is described as follows:
"A district intended to provide lot areas for urban residential development. This
district should have good thoroughfare access, and be in proximity to community
and neighborhood facilities, i.e., schools parks, shopping areas, etc. Development
within this district must be served by all public utilities. This zoning district
would typically be found in areas designed as suburban residential or urban
2
residential on the Kalispell Growth Policy Future Land Use Map."
Lots 2 and 3 are within the RA-2 (Residential Apartment/Office) Zoning District.
The RA-2 Zoning District is described as follows:
"A district to provide areas for residential development including multi -family
housing and compatible non-residential uses of high land use intensity. The
district would typically serve as a buffer zone between other commercial districts
and adjacent residential areas. The location of this district depends on proximity
to major streets, arterials, and business districts. This district shall be located
within or adjacent to business corridors, shopping islands or the Central
Business District. The zoning district would typically be found in areas designated
as urban mixed use, high density residential and commercial on the Kalispell
Growth Policy Future Land Use Map."
D. Adjacent Land Uses and Zoning: The existing zoning and land uses of the land
surrounding the subject property are as follows:
North: Single-family residence and vacant single-family lots, R-3 zoning
East: Single-family residence and vacant single-family lots, R-3 zoning
South: Glacier High School fields, R-5/PUD zoning
West: Vacant land, City RA-2 and County AG-80
E. Relation to Growth Policy Map: The subject property lies within the jurisdiction
of the Kalispell City Growth Policy. The Gi c, xvth Policy Map designates this area as
high density residential. Such a designation anii'Lcipates high density residential
and low -intensity commercial, particularly when located near schools and urban
arterials.
F. Utilities and Public Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
Evergreen Disposal
Electric:
Flathead Electric Cooperative
Phone:
CenturyLink
Police:
City of Kalispell
Fire:
City of Kalispell
Schools:
School District #1, Kalispell
REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT
This application is reviewed as a major subdivision in accordance with state statutory
review criteria and the Kalispell City Subdivision Regulations. Note that while only three
additional lots are being created, the parent lot of Westview Estates has been the site of
substantial lot creation. Since the cumulative number of lots that has been created
exceeds the minimum of five, major subdivision review is required.
3
A. Effects on Health and Safety:
Fire: The property would be considered to be at low risk of fire because any
building constructed within the subdivision would be built in accordance with the
International Fire Code and have access which meets city standards. The property
does not have steep slopes or woody fuels. Hydrants will be required to be placed
in compliance with the requirements of the Uniform Fire Code and approved by
the Fire Chief.
Flooding: There are no areas within the 100-year floodplain on the site pursuant
to Flood Insurance Rate Map No. 30029C 1805J.
Access: The subject property to be subdivided is located along Gunnar Drive,
approximately 130 feet west of Taelor Road and north of Old Reserve Drive.
Gunnar Drive will be improved westerly past lots 2 and 3, so that vehicular access
can be achieved. A temporary cul-de-sac at the west end of Gunnar Drive will be
installed for fire turnaround. Taelor Road and Old Reserve Drive leading to
Gunnar Drive are both improved roads that meet city standards and provide
adequate access.
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 since the subject property is within an urban area and
currently developed by West View Estates.
C. Effects on the Natural Environment: The subject property exists in an
established residential area of Kalispell. The site is level and is not in or near a
designated 100-year floodplain per Flood Insurance Rate Map Number
30029C1805J, nor is it subject to slope failure, subsidence, or severe erosion.
The subdivision will be served by City of Kalispell water and sewer minimizing
impacts to groundwater. Impacts to the natural environment are not expected to
occur as a result of this subdivision.
D. Effects on Local Services:
Sewer and Water: The City of Kalispell will provide water and sewer service to the
lots. There are existing water and sewer mains directly accessible to the proposed
lots within Taelor Road to the east. The water and sewer mains will be extended
westerly within Gunnar Drive to the far property line.
Access and Roads: Gunnar Drive running through the lots will be improved
westerly past lots 2 and 3, so that vehicular access can be achieved prior to final
plat. A temporary 96' diameter cul-de-sac at the west end of Gunnar Drive will be
installed for fire turnaround. Taelor Road and Old Reserve Drive leading to
Gunnar Drive are both improved roads that meet city standards and provide
adequate access.
Schools: This site is within the boundaries of School District # 1. Some impact to
the district may be anticipated from the proposed lots depending on the
demographics of the residents. Section 76-3-608(1) of the Montana Code
Annotated states that the governing body may not deny approval of a proposed
subdivision based solely on the subdivision's impacts on educational services.
C!
Parks: With the development of the West View Estates Subdivision, the applicant
was required to develop a city park per 76-3-621 M.C.A. Lot I (previously lot 63) and
was included in the dedicated park area requirement for the subdivision. Therefore,
no additional parkland is required for Lot 1. Lots 2 and 3 could be developed as a
commercial use, which would not require any park requirement. If lots 2 and 3 are
developed as residential, the developer shall dedicate to the city a cash or land
dedication equal to .03 acres per dwelling unit.
Police Protection: The property is served by the Kalispell Police Department. It is
not anticipated that this subdivision will significantly impact the service provided
by the Police Department.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department and the subdivision will be required to comply with the International
Fire Code. The fire department will review and approve the number and location
of hydrants within the subdivision as well as fire flows for compliance with
applicable fire codes. Although fire risk is low because of good access and fairly
level terrain, the fire department is recommending that access to the subdivision
and the hydrants are in place prior to final plat approval and/or use of
combustible materials in construction.
Refuse Disposal: Solid waste will be provided by Evergreen Disposal. No significant
increased impacts are anticipated as a result of the proposed subdivision.
Medical Services: Emergency medical service is provided by the Kalispell Regional
Medical Center; ambulance and life flight services are also available.
E. Effects on Agriculture and agricultural water user facilities: This subdivision
is in the urban area of Kalispell and the area has been developed to an urban
density. Future development of this site will have no effect on agricultural
activities in the valley.
F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Map
designates the project site as high density residential. Such a designation
anticipates high density residential and low -intensity commercial, particularly
when located near schools and urban arterials. The lots are located within
proximity to Glacier High School and Old Reserve Drive. Additionally, the three lots
being created are of the appropriate size and will have adequate services to provide
for uses anticipated within the high density residential land use category.
G. Compliance with Zoning: The subject property is zoned RA-2 and R-3. The
Kalispell Zoning Regulations state that the R-3 Zone is intended to "provide lot
areas for urban residential development. This district should have good
thoroughfare access, and be in proximity to community and neighborhood
facilities, i.e., schools, parks, shopping areas, etc." The proposed lot 1 within the
R-3 zone is within an urban neighborhood that has city services and is in close
proximity to facilities such as, Glacier High School, US Highway 93 Alternate
Route (bypass), and retail shopping centers. Additionally, the minimum required
lot area for the R-3 Zone is 6,000 square feet. Lot 1 is proposed to be
5
approximately 22,400 net square feet, far exceeding the minimum lot size
requirement.
The Kalispell Zoning Regulations state that the RA-2 Zone is intended to "provide
areas for residential development including multi -family housing and compatible
non-residential uses of high land use intensity." Although a use is not proposed
on lots 2 and 3 at this time, any use that will be developed on the site will have to
comply with the RA-2 requirements. The minimum required lot area for the RA-2
Zone is 6000 square feet. Lots 2 and 3 are .902 and 1.584 nets acres in size, far
exceeding the minimum lot size requirement.
H. Compliance with the Kalispell Subdivision Regulations: This subdivision
complies with the Kalispell Subdivision Regulations and no variances have been
requested.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
staff report KPP-15-03 as findings of fact and recommend to the Kalispell City Council
that the preliminary plat of Owl View Subdivision be approved subject to the conditions
listed below:
CONDITIONS OF APPROVAL
General Conditions:
1. That the development of the site shall be in substantial compliance with the
application submitted, the site plan, materials and other specifications as well as
any additional conditions associated with the preliminary plat as approved by the
city council.
2. The preliminary plat approval shall be valid for a period of three years from the
date of approval.
Prior to Final Plat:
3. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards. The design shall be certified
in writing by a professional engineer licensed in the State of Montana. All design
work shall be reviewed and approved in writing by the Kalispell Public Works
Department prior to construction. This infrastructure shall include but not be
limited to streets, street lighting, street signage, curb, gutter, boulevard and
sidewalks.
4. Water and sewer main extensions shall be designed and constructed in
accordance with the current City of Kalispell's Standards for Design and
Construction and Montana Public Works Standard Specifications. The water and
sewer main extension plans shall be reviewed and approved by the Kalispell
Public Works Department. Prior to final plat, a certification shall be submitted to
the Public Works Department stating that the water and sewer mains have been
built as designed and approved.
5. Roadway and utilities located within the Gunnar Drive right-of-way shall be
extended to the west property lines of Lots 2 and 3.
6. Access to Lot 1 shall be restricted to the alley proposed along the western
property line.
7. The Alley and Utility easement proposed along the western property line of Lot 3
shall be extended to the northwest corner of the lot.
8. Public services for the proposed lots shall not come from the utilities located
within the Old Reserve Drive right-of-way, but from the extension of the utilities
along Gunnar Drive.
9. 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 Public Works Department
stating that the drainage plan for the subdivision has been installed as designed
and approved.
10. 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.
11. A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell, or a proper
bond has been accepted for unfinished work.
12. The following requirements shall be met per the Kalispell Fire Department and so
certified in writing by the Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in
accordance with International Fire Code (2012).
b. Fire hydrants shall be provided per City specifications at locations approved by
this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire
Code (2012).
d. It shall be noted on the face of the plat that hazardous weed abatement shall
be provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
13. 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. Alley easements
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shall be labeled as private. A letter from the Kalispell Public Works Department
shall be obtained stating that the required easements are being shown on the final
plat.
14. 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
Prior to Building Permit Issuance:
15. If lots 2 and 3 are developed as residential, the developer shall dedicate to the city a
cash or land dedication equal to .03 acres per dwelling unit at the time of building
permit.
Ongoing conditions:
16. All utilities shall be installed underground.
17. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
PQ
Owl View 3-Lot Subdivision Exhibit "A"
A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST,
P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS TO WIT:
Commencing at the southwest corner of the Southwest Quarter of the Southwest Quarter of Section
25, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana; Thence along the
west boundary of said SW 1/4SW 1/4 N00°06'40"W 579.34 feet; Thence N89°59' 11"E 663.36 feet to
a set iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN
DESCRIBED; Thence continuing N89°59'11"E 257.72 feet to a found iron pin; Thence
S00°00'23"W 360.00 feet to a found iron pin on the south R/W of a 60 foot road and utility
easement; Thence along said R/W N89059'11"E 130.03 feet to a found iron pin and the P.C. of a
20.00 foot radius curve, concave southwesterly; Thence along a curve to the right, through a central
angle of 90001'12", for an arc length of 31.42 feet to a found iron pin on the westerly R/W of a 60
foot city street known as Taelor Road; Thence along said R/W S00°00'23"W 29.97 feet to a found
iron pin and the P.C. of a 44.00 foot radius curve, concave northwesterly; Thence along a curve to
the right, through a central angle of 23033'23", for an arc length of 18.09 feet to a found iron pin and
the P.R.C. of a 76.00 foot radius reverse curve, concave southeasterly (radial bearing S66026'14"E);
Thence southwesterly along a curve to the left, through a central angle of 23033'23", for an arc
length of 31.25 feet to a found iron pin; Thence continuing and leaving said R/W S00°00'23"W
123.79 feet to the south boundary of said SW 1/4SW 1/4; Thence along said south boundary
N89053'02"W 391.72 feet; Thence leaving said south boundary N00°00'23"E 580.84 feet to the
point of beginning and containing 4.082 ACRES; Subject to and together with utility and road
easements as shown here on; Subject to and together with county roads as shown here on; Subject to
and together with all appurtenant easements of record.
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PLANNING FOR THE FUTURE
MONT"A
Planning Department
201 lst Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION
FEE SCHEDULE: FEE ATTACHED_ $1,375
Major Subdivision (6 or more lots) $1,000 + $125/lot
Mobile Home Parks Sv Campgrounds (6 or more spaces) $1,000 + $250/space
(5 or fewer spaces) $400 f- $125/space
Amended Preliminary Plat
Amendment to Conditions Only
Re -configured Proposed Lots
Add Additional Lots or Sublots
Subdivision Variance
Commercial and Industrial Subdivision
SUBDIVISION NAME: Owl View Subdivision
OWNER(S) OF RECORD:
$400 base fee
Base fee + $40/lot
Base fee + $125/lot
$100 (per variance)
$1,000 + $125/lot
Name Owl Corporation, Attn: Mark Owens Phone_(406)752-5666
Mailing Address
500 Palmer Drive
City _Kalispell State MT -Zip 59901
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
Name 8v Address Sands Surveying, Inc; Attn: Eric Mulcahy, 2 Village Loop,
Kalispell, MT 59901
Name c.
Name 8s Address
LEGAL DESCRIPTION OF PROPERTY:
Property Address None yetgiven._
Assessor's Tract No(s) 5+ Lot No(s)
1 /4 Sec Section 25 Township 29 Range �22
GENERAL DESCRIPTION OF SUBDIVISION:
Number of Lots or Rental Spaces 3 Total Acreage in Subdivision 4.082 ac
Total Acreage in Lots 3.001 ac Minimum Size of Lots or Spaces _0.598 ac (g)
Total Acreage in Streets or Roads 1.081 ac_ Maximum Size of Lots or Spaces 1.734 ac
ross—
Total Acreage in Parks, Open Spaces and/or Common Areas None proposed as
yet. Parkland was dedicated in Phase 3 of West View Estates. The preliminary plat for
West View included the Lot 3 (previously Lot 63) along Taelor Road. The developer of
West View entered into an agreement with the City of Kalispell that provided the 2.192
acres of park land plus improvements to the park to make up the difference in required
ark dedication and actual park. This previous dedication meets the obligation of Lot 3
the proposed plat. Lots 1 and 2 could be developed as office commercial or multi-
family. If Lot 1 and 2 are developed as multi -family it would be subject to some sort of
park/open space at that time through the Conditional Use Permit process.
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family Townhouse 1_ Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other 2 lots undetermined but will
comply with zoning
APPLICABLE ZONING DESIGNATION & DISTRICT
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS
IMPROVEMENTS TO BE PROVIDED:
Roads: Gravel Paved X Curb X Gutter X Sidewalks X Alleys X Other
Water System: Individual Multiple User Neighborhood Public X Other
Sewer System: Individual Multiple User Neighborhood Public X_ Other
Other Utilities: Cable TV X Telephone X Electric X Gas X Other
Solid Waste: Home Pick Up Central Storage Contract Hauler _X-Owner Haul
Mail Delivery: Central X Individual School District: Kalispell _
Fire Protection: Hydrants X Tanker Recharge Fire District: Kalispell
Drainage System: Draina e will be developed when we know what use will occur on the lots
although Lot 3 drainage was calculated in the ordinal plans for the development of the first three
phases of West View.
PROPOSED EROSION/SEDIMENTATION CONTROL: BMP's
VARIANCES: ARE ANY VARIANCES REQUESTED? No (yes/no) If yes,
please complete the information below:
SECTION OF REGULATIONS CREATING HARDSHIP: N /A
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE
WITH REGULATIONS
2
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.
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.
S. 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-Rn Lot/Tract No Property Owner & Mailin& 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.
(Applicant)
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Owl Corporation Feet
Request for Preliminary Plat for a 3 Lot Subdivision on 4.08 acres
One Townhouse Lot and 2 Lots for Office or Multi -family Residential
(to comply with Zoning) RA-2 and R-3
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
DECMEBER 8, 2015
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and
CALL
Zoning Commission was called to order at 7:00 p.m. Board
members present were: Chad Graham, Charles Pesola, Matt
Regier, Rory Young, Steve Lorch, and Karlene Osorio-Khor.
Doug Kauffman was absent. Jarod Nygren represented the
Kalispell Planning Department.
MOMENT OF SILENCE TO
HONOR THE 14 AMERICAN
VICTIMS OF THE SAN
BERNARDINO, CALIFORNIA
SHOOTING
APPROVAL OF MINUTES
Regier moved and Lorch seconded a motion to approve the
minutes of the October 13, 2015 meeting of the Kalispell City
Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
None.
SILVERMONT PROPERTIES
Silvermont Properties LP, is requesting preliminary plat approval
LP — SILVERBROOK
for Phase 2 of Silverbrook Estates Development. Phase 2 was
ESTATES PHASE 2
previously preliminary platted in March 2009; however the
PRELIMINARY PLAT
preliminary plat for Phase 2 will be expiring in March, 2016,
necessitating the need for re -approval. Phase 2 includes
approximately 167 acres which constitutes the remaining acreage
north of the 325 acre Silverbrook Estates Development. The major
subdivision would create 197 single-family lots, 90 townhouse lots
and 18 commercial lots. Phase 2 lies at the southwest corner of the
intersection of Highway 93 North and Church Drive.
STAFF REPORT — KPP-15-04
Jarod Nygren, representing the Kalispell Planning Department
reviewed Staff Report KPP15-04 for the board.
Nygren noted Silverbrook Estates Phase 2 is part of the 325 acre
PUD known as Silverbrook Estates. Phase 1 and Phase IA
received final plat approval in 2008 & 2009, and Phase 2 was
previously platted in March 2009. However the preliminary plat
of Phase 2 will expire in March of 2016, and has exhausted its
ability to be extended. The owner has now submitted a new
preliminary plat for Phase 2. The application submitted is the same
as submitted in 2009, and includes 167 acres, with 197 single-
family lots, 90 townhouse lots and 18 commercial lots (13 for
building and 5 for parking).
Kalispell City Planning Board
Minutes of the meeting of October 13, 2015
Pagel
Nygren reviewed the surrounding zoning and land uses for the
board. The Growth Policy map designates the site as being within
three different land use categories, neighborhood commercial;
high density residential; and suburban residential. The land use
designations were put in place to match the proposed uses when
the property was annexed into the City and therefore comply with
the land uses and policies contained in the growth policy.
Nygren reviewed the preliminary plat of Silverbrook Phase 2 and
said there have been a few changes, noted in the conditions of
approval, which includes a future connection to the tract of land to
the west and a park connecting the townhouse use to the
commercial use along the highway. He also reviewed the phasing
plan for the remainder of the subdivision.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KPP15-04 as findings of
fact and recommend to the Kalispell City Council that Phase 2 of
Silverbrook Estates be approved subject to the 46 conditions listed
in the staff report.
BOARD DISCUSSION Osorio-Khor asked for clarification on the location of the park area
that is proposed in the commercial part of the subdivision. Nygren
said additional parkland is required that would provide a
connection into the commercial area to the north of the townhouse
area. Nygren explained further.
Graham asked about condition 912 regarding the private irrigation
water mains placed within the 10 foot utility easement and
Howard Mann explained there is a well house in the northeast
section that irrigates the entire subdivision and the main lines run
down Silverbrook Drive. This condition is addressing the
irrigation of the trees along the boulevard strips, which are in the
city right-of-way but our maintained by the HOA.
Graham noted the conditions address the waiver of protest for an
SID for Church Drive and he asked if Church Drive is a city street.
Nygren determined that Church Drive is owned by the developer
and the southern half would be dedicated to the city and that the
City Attorney thought it was appropriate to leave that condition in
the staff report.
Graham said Condition 934 requires that a note be placed on the
final plat that states `Be aware that an existing arena and race
track are located to the north of the subdivision. Noise generated
by the arena and race track may be heard from your property."
Graham asked whether this is something the city should be
addressing? Nygren said the note on the plat would notify
potential owners of the noise that could be generated. Graham said
these are seasonal activities and when the developer is trying to
Kalispell City Planning Board
Minutes of the meeting of October 13, 2015
Page12
market these properties in the winter how would a potential buyer
gauge how much noise would be generated. Osorio-Khor added
perhaps the placement of the note on the plat would protect the
developers because we live in such a litigious society someone
could buy the house then say that they were not told about the
noise issue. Nygren noted it is on the plat for informational
purposes and is not a requirement, as is the note for the
agricultural purposes.
Graham mentioned a quotation mark was missing on condition
#29 and Nygren said it belongs at the end of the condition, after
the word doors."
Lorch asked for clarification on condition#6 that requires a zone
change for lots 33 — 40 from R-4 to R-2 and he asked if this is a
change from the original submittal for Phase 2. Nygren said those
lots were originally planned as townhouse lots and the developer
wanted the option to make them single-family to mesh with the
rest of the development in this phase. Nygren added this change
along with the additional park requirement noted previously were
considered minor and were approved by the site review
committee.
Graham asked if condition #29, which is the recommendation of
incorporating acoustical architectural measures for houses facing
the highway, was part of the original submittal of this phase and
Nygren said yes, it was a recommendation by MDT. Graham
asked if the intent is to recommend these measures and Nygren
said no, it is a condition and would be required, however if the
board feels the change of the word should to shall is warranted, it
can be amended. Graham said he doesn't think it should be a
condition but decided on by the developer or owner before
construction.
PUBLIC HEARING I President Graham opened the public hearing.
Howard Mann stated that they would prefer condition 929 be a
recommendation not a requirement, but up to the individual
homeowner who builds on those lots.
Graham asked Mr. Mann about condition 934 that mentions the
noise from the arena and race track and if the developers wanted
this condition to inform potential buyers. Marvin Galts said in
reference to condition 934 he sees it as a notification to the
purchaser so at least if it is there they have been made aware of it.
Graham asked if Mr. Galts would see that as a benefit to them and
Galts said yes.
Osorio-Khor asked if there was an additional road added to the
west and Mann said no, this is the original PUD and preliminary
Kalispell City Planning Board
Minutes of the meeting of October 13, 2015
Page13
plat. Nygren said there is a provision for a connecting frontage
road to the west if that tract were to be developed, recommended
by the Public Works Department. Nygren said the easement would
be dedicated to the city and there could be a potential for a loss of
two lots if the connector is required in the final design.
MOTION
Regier moved and Young seconded a motion to adopt staff report
KPP15-04 as findings of fact and recommend to the Kalispell City
Council that Phase 2 of Silverbrook Estates be approved subject to
the 46 conditions listed in the staff report.
BOARD DISCUSSION
Young informed the board that notes on the final plat are no longer
being accepted by the County Clerk & Recorder and they may find
that they cannot record the plat with the notes included. Young
said they can, however, be included as conditions of approval in
the staff report. Young agreed that the notes protect the developer
to a certain extent.
Graham questioned the need for the note under condition 929 if it
is just a suggestion and Young said this is a pass through
suggestion from MDT that there should be some soundproofing on
the walls that face the highway. He added it would then be up to
the developer to decide whether they pass that on to the lot
owners. Young said even if it was changed to shall there probably
isn't an ordinance that would require it.
Pesola asked if there is another mechanism in which the MDT
recommendation could be passed on, without including it as a note
or into the conditions. Nygren suggested adding those items into
the covenants.
Lorch said he hadn't heard that the County Clerk & Recorder is
resisting the placing of notes on the plats because there isn't a
clean way to pass this information onto the potential buyers and be
sure the conditions stay with the plat.
Eric Mulcahy, Sands Surveying said two sessions ago the
Legislature changed the rules for how surveyors and engineers
prepare and file flats. It came about because every county in the
state was doing it differently and some were essentially putting a
book on the face of the plat. The surveyors said what they are
certifying and putting on the plats is essentially the description of
the piece of property where the boundaries are being amended, not
certifying that the roofing materials on a house are fire resistant,
for example. Mulcahy said the compromise would be that an
addendum would be attached to the back of the plat, a separate
sheet, that would then get filed. Mulcahy added Flathead County
has not yet changed what can be on the plats.
Mann noted condition 929 was recommended by MDT before they
Kalispell City Planning Board
Minutes of the meeting of October 13, 2015
Page14
saw the extent of the berms and pathways along the highway
which has alleviated a majority of the highway noise. Mann
doesn't feel there is even an issue anymore.
MOTION — AMEND
Lorch moved and Osorio-Khor seconded a motion to amend
CONDITION # 29
condition 929 to read, " The following note shall be placed on the
final plat: Builders of homes on Lots 357-363 of Block 31 and lots
305 and 334 of Block 29 should consider incorporating .........
(The remainder of the condition wording would not be changed).
BOARD DISCUSSION
Lorch noted that would allow them to be standing out on their site
and determine whether the amount of noise would warrant using
the measures.
Young agreed with the change.
ROLL CALL
The motion passed unanimously on a roll call vote.
BOARD DISCUSSION
Graham asked if condition 922, which requires Silverbrook
Estates to add the 9 recommendations from MT Fish, Wildlife and
Parks regarding minimizing wildlife attractants such as garbage,
fruit trees and bird feeders, is also part of the original plat. Nygren
said yes. Graham noted he didn't think the city should dictate to
the HOA what should be included in their covenants.
Discussion was held regarding the existing covenants for the
subdivision and whether or not these suggestions are currently in
place for the first phases of the subdivision. Osorio-Khor did not
think the recommendations were onerous.
MOTION — DELETE
Graham moved and Pesola seconded a motion to delete Condition
CONDITION #22
922.
BOARD DISCUSSION
Pesola suggested these recommendations could be posted on a
public bulletin board in their open space and there are other ways
the community can be made aware of them. He also has a hard
time requiring that the covenants be changed to add them. Lorch
said they won't have to change their covenants if this was an
original condition of Phase 2. Mann said they already comply
with these recommendations in Silverbrook, as far as he is aware.
Young noted that the city's regulations state that the planning staff
is required to consult with any entity that they feel appropriate.
The planning board, in making the decision, should consider the
effects on the natural environment and on wildlife and wildlife
habitat. Young said that is what we are mandated to do and if MT
Fish, Wildlife and Parks, as a governing agency, have suggested
that this is what is imputed he would say an appropriate place for
these recommendations would be in the covenants. Nygren noted
they could also amend the covenants for the first phases, if they
Kalispell City Planning Board
Minutes of the meeting of October 13, 2015
Page15
are not already included, so it would cover the entire subdivision.
Osorio-Khor agreed that Young has made a sound point, although
she understands Graham's point -of -view. In this case she said she
would not be in support of the motion to delete condition 922. She
added the developer should receive copies of any letters received
from any government entity that pertains to their subdivision.
Mann noted they are in the process of reviewing their CCR's and
they could incorporate the recommendations when they receive a
copy of the letter from MT Fish, Wildlife and Parks with the 9
recommendations listed.
Lorch said the recommendations could be added to the CCR's or
on the final plat or as an addendum that would be attached to the
final plat; however he agrees that the CCR's is the appropriate
place.
Regier said there are things in the CCR's that fall under the city's
jurisdiction such as signage or height but paint color and
birdfeeders are not within the city's jurisdiction.
Further discussion was held.
ROLL CALL
The motion failed on a roll call vote of 3 in favor and 3 opposed.
MOTION — DELETE
Graham moved and Pesola seconded a motion to delete Condition
CONDITION #32
932, which states: "The following note shall be placed on the final
plat: Property owner(s) shall waive their right to protest the
creation of a special improvement district for sanitary sewer
upgrades which will serve the subdivision."
BOARD DISCUSSION
Graham said this condition was removed from a previous
subdivision — Beehive Homes — because the city collects impact
fees that are used to pay for the west side interceptor. The city
council was clear in there discussion that if the fees were
insufficient through impact fee collection the cost would fall back
on rates. Further discussion was held.
Young stated he felt removing condition 932 should be a decision
by the city council and not a board recommendation. Young added
if the city council removes this condition the council should
instruct the planning staff not to include conditions such as this in
the future.
Osorio-Khor agreed this should be a council decision.
Pesola stated he doesn't like waivers either and thought it would
not be difficult to contact citizens in the future if upgrades needed
to be made. Young suggested that if the EPA changed the rules
Kalispell City Planning Board
Minutes of the meeting of October 13, 2015
Page16
and you have a waiver it gets applied equally to everyone, and the
property owners would be aware that it is a possibility in the
future.
Graham agreed this should be a decision made by the city council.
Lorch suggested that the board perhaps obtain additional
information on waivers to better understand the issues.
ROLL CALL
The motion failed on a roll call vote of 2 in favor and 4 opposed.
ORIGINAL ROLL CALL
The original motion, as amended, passed unanimously on a roll
call vote.
OWL CORPORATION — OWL
Owl Corporation is requesting a preliminary plat approval for a 3-
VIEW PRELINHANRY PLAT
lot major subdivision of 4.082 acres within West View Estates.
The land use of the three lots has not been determined at this time.
Owl Corporation is requesting to utilize all municipal public
services including water, sewer, police and fire services. The
subject property to be subdivided is located along an unnamed
street, approximately 130 feet west of Taelor Road and north of
Old Reserve Drive.
STAFF REPORT KPP15-03
Jarod Nygren, representing the Kalispell Planning Department
reviewed staff report KPP 15-03 for the board.
Staff noted some corrections to the staff report conditions of
approval which included changing the language from "prior to
building permit issuance" to "prior to final plat" on Page 6 and
moving and renumbering some of the conditions.
Nygren reviewed the proposed subdivision location and the zoning
of the subdivision and the surrounding area. The growth policy
designates the property as high density residential which
anticipates condominiums, apartments and low intensity
commercial land uses. The preliminary plat is consistent with the
subdivision regulations, the zoning and growth policy.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KPP15-03 as findings of
fact and recommend to the Kalispell City Council that the
preliminary plat of Owl View Subdivision be approved subject to
the 17 conditions as amended.
BOARD DISCUSSION
Young noted the board has reviewed this property before and
Nygren said in 2013 there was a zone change submitted for this
property which resulted in the current RA-2 and R-3 zoning which
was less intensive than their requested RA-3 and R-5 zoning.
Lorch noted the board also reviewed the Owl View Townhomes in
this area, where infrastructure is currently being built.
Kalispell City Planning Board
Minutes of the meeting of October 13, 2015
Page17
PUBLIC HEARING
Eric Mulcahy, Sands Surveying, 2 Village Loop, Kalispell
reviewed the staff report and indicated the developer is
comfortable with the recommended conditions, with the noted
amendments. Mulcahy noted the owner Mark Owens, owner of the
Owl View property is also present, should the board have any
questions.
MOTION
Lorch moved and Young seconded a motion to adopt staff report
KPP 15-03 as findings of fact and recommend to the Kalispell City
Council that the preliminary plat of Owl View Subdivision be
approved subject to the 17 conditions listed in the staff report, as
amended.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS:
Nygren updated the board on the casinos text amendment approval
by city council. He said the outcome is that casinos are permitted
only in the B-5 zones, with the 600 foot minimum spacing
requirement.
NEW BUSINESS:
Nygren noted currently the only agenda item scheduled for the
January meeting which is a request for a conditional use permit to
operate the "Assist Center" which would be a transitional facility
for people leaving the hospital but not quite yet ready to go home.
The center would be located at 1280 Burns Way.
ADJOURNMENT
The meeting adjourned at approximately 8:30 p.m.
WORK SESSION:
No work session was held.
NEXT MEETING
The next regular planning board meeting is scheduled for January
12, 2016 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: / /16
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of October 13, 2015
Page18