Loading...
I2. Resolution 5802 - Southside Estates Preliminary PlatPLANNING FOR THE FUTURE REPORT TO: SUBJECT: MEETING DATE: M01ff"A Doug Russell, City Manager dL Jarod Nygren, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning KPP-16-02 — Southside Estates Preliminary Plat Request February 6, 2017 BACKGROUND: A request from Team Development, LLC for Southside Estates, a major subdivision of an 8.8 acre parcel into 29 lots. The lots are broken up into 16 single-family lots and 13 townhouse lots creating 16 single-family and 26 townhouse units for a total of 42 housing units. The property is located within the R-4 (Residential) Zoning District and is currently undeveloped grasslands. Single-family residential and townhouse development are permitted uses within the R-4 Zoning District. The subject property is located approximately 100 feet south of the intersection of Pintail Drive and Merganser Drive. The property can be described as a portion of Tract 4 in the SW4 of the SE4 of Section 19. Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing January 10, 2017, to consider the application request. Staff presented staff report KPP-16-02 providing details of the proposal and evaluation. 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 25 conditions. During the public comment portion of the hearing, a representative of the applicant spoke in favor of the request. There being no further testimony, the public hearing was closed and a motion was presented to adopt staff report KPP-16-02 as findings of fact, and recommend to the Kalispell City Council that the preliminary plat be approved, subject to 25 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 Resolution 5802, a resolution conditionally approving the preliminary plat of Southside Estates, described as tract 4 in the Southwest Quarter, Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, subject to the 25 conditions therein. 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 5802 January 10, 2017, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Staff report compiled: January 31, 2017 c: Aimee Brunckhorst, Kalispell City Clerk Team Development, LLC, PO Box 1642, Brush Prairie, WA 98606 Jackola Engineering, 2250 HWY 93 South, Kalispell, MT 59901 RESOLUTION NO.5802 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF SOUTHSIDE ESTATES, DESCRIBED AS TRACT 4 IN THE SOUTHWEST QUARTER, SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Team Development, 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 on January 10, 2017 on the proposal and reviewed Subdivision Report #KPP-16-02 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Southside Estates subject to certain conditions and recommendations; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of February 6, 2017, reviewed the Kalispell Planning Department Report #KPP-16-02, 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-16-02 are hereby adopted as the Findings of Fact of the city council. SECTION 2. That the application of Team Development, LLC for approval of the Preliminary Plat of Southside Estates, Kalispell, Flathead County, Montana is hereby approved subject to the following 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 citycouncil. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water 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. 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 Storm Water Discharge Associated with Construction Activities. 5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 6. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. 7. Existing onsite infrastructure shall be improved to meet the minimum City of Kalispell Standards for Design and Construction. S. 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 unfinishedwork. 9. 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. 10. 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 11. 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. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 12. A temporary turnaround shall be required at the east terminus of Destiny Lane to the satisfaction of the Public Works Director. 13. An 8-foot sound barrier shall be constructed along the west property boundary. The sound barrier shall extend from the southernmost property line point northerly to a point a minimum of 75 feet past the existing MDT barrier (As shown in FIGURE 3 of the sound study). The materials and construction of the sound barrier shall conform with the recommendations as provided in the sound study completed by Big Sky Acoustics, dated November 7, 2016 and approved by the Architectural Review Committee for aesthetics and neighborhood conformity. 14. Two Kalispell Bypass bike path access points shall be provided and installed. One shall be located at the western most point of Destiny Lane and the 2nd at the southwestern most point of Kismet Court. The access points to the bypass shall be 5 feet in width as they penetrate the sound wall system to limit the amount of noise intrusion. The bike path shall connect the existing street with the bike path providing for flared ends at the bike path connection point. 15. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. The HOA should include provisions for the maintenance of all common areas including the storm water ponds, sound wall and wastewater lift station. 16. The developer shall comply with all recommendations of the geological investigation report completed by CMG Engineering, dated November 10, 2016. A geotechnical or construction materials engineer should certify the recommendations are being properly implemented. 17. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 18. Landscaping shall be installed in addition to the fencing that will be surrounding the lift stations. The landscaping should be of such intensity as to shield the lift stations and consist of shrubs and bushes which reach a height of 6 feet or higher. The plan and actual installation shall be approved by the Kalispell Parks and Recreation Director and Public Works Director. 19. A cash in lieu of parkland in the amount of .03 acres per dwelling unit shall be provided. The cash payment will be based off of the fair market value of undivided, unimproved land prior to final plat approval. 20. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 21. All utilities shall be installed underground. 22. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 23. All residences should be constructed with fire sprinkler systems. 24. Basements are prohibited within the subdivision due to high groundwater. 25. Foundation drains and emergency sump pumps shall be installed at all residences that contain a crawl space. 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 6TH DAY OF FEBRUARY, 2017. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING January 10, 2017 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 6:11 p.m. Board members present were: Doug Kauffman — acting president, Christopher Yerkes, Rory Young & Ronalee Skees. Chad Graham joined the meeting at 6:20pm. Charles Pesola & Steve Lorch were absent. Tom Jentz, Jarod Nygren and PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Yerkes moved and Skees seconded a motion to approve the minutes of the December 13, 2016, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. PUBLIC COMMENT None. STAMPEDE PACKING A request from LRP, LLC to annex a 3.89 acre parcel into the city ANNEXATION and zone the land I-1 (Light Industrial) upon annexation. The property is located at the 2095 Airport Road. The property is developed with Stampede Packing, a meat processing plant with appurtenant facilities. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff report #KA-16-05 for the board. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-16-05 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be I-1 (Light Industrial). BOARD DISCUSSION None. PUBLIC HEARING Ryan Mitchell — 102 Cooperative Way, Ste 300 — stated he is the consultant for this project. Advised that economically for the property owner it makes more sense to annex into the city and connect to the city sewer than to continue with the DEQ discharge permits every year. MOTION Skees moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA- 16-05 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be I-1 (Light Industrial). Kalispell City Planning Board Minutes of the meeting of January 10, 2017 Page d BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. B3 CORE AREA REZONE II The City of Kalispell Planning Department is requesting that the properties generally bounded on the north by the center line of US Hwy 2 (Idaho Street), on the west by the centerline of 3rd Avenue East North, on the south by the center line of Center Street between 3rd and 4th Avenue East North and then the south side of the BNSF RR R/W from 4th Avenue East North easterly to its intersection with the easterly end of the city limits along the railroad tracks be rezoned from B-2, B-4 and I-1 to B-3. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff report #K7-C-16-04 for the board. It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-16-04 as findings of fact and recommend to the Kalispell City Council that the areas zoned B-2 (General Business), B-4 (Central Business) and I-1 (Light Industrial) be rezoned to B-3 (Core Area Business). BOARD DISCUSSION Young inquired about the delay in moving the project forward to the City Council. Jentz responded that it is a courtesy that the Planning department is doing for CHS while they are in negotiations on the relocation of their facilities. President Graham took his seat at approximately 6:25pm. PUBLIC HEARING Tom Rigg - stated he would like to go on record that he has changed his position and now agrees with the B-3 Core Are Re- zone and would like to include the property he owns. MOTION Young moved and Yerkes seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC16-03 as findings of fact and recommend to the Kalispell City Council that the areas zoned B-2 (General Business) and B-4 (Central Business) be rezoned to B-3 (Core Area Business). BOARD DISCUSSION Nygren advised the board that since Tom Rigg is now in agreement with the B-3 Core Area Re -zone they will need to do a motion to include the properties that Tom Rigg owns. MOTION - AMENDMENT Yerkes moved and Young seconded a motion to amend Staff Report #KZC 16-03 to include the properties owned by Tom Rigg, which were not included in the original staff report. BOARD DISCUSSION Graham noted that since he came in late on the discussion he feels he should abstain from voting on the B-3 Core Area Re -zone. Kalispell City Planning Board Minutes of the meeting of January 10, 2017 Page 12 ROLL CALL The original motion, as amended, passed unanimously on a roll call vote. BOARD MEMBER SEATED Young recused himself from the discussion and vote on item 1 Southside Estates and item 3 Kalispell North Towne Center due to a conflict of interest. SOUTHSIDE ESTATES A request from Team Development, LLC for Southside Estates, a major subdivision of an 8.83 acre parcel into 29 lots. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff report #KPP-16-02 for the board. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-16-02 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Southside Estates be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION None. PUBLIC HEARING None. MOTION Skees moved and Kauffman seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-16-02 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Southside Estates be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. KALISPELL NORTH TOWNE A request from Stillwater Corporation, for Kalispell North Town CENTER Center — Phase 1, a major subdivision of 81.4 acres of land into 12 lots. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff report #KPP-16-03 for the board. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-16-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Kalispell North Town Center — Phase 1 be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION Graham asked if the developer is currently working on extending Rose Crossing through at this time because he has seen some activity going on the area. Nygren advised that he would let the Kalispell City Planning Board Minutes of the meeting of January 10, 2017 Page 13 applicant address that question more specifically; however it is intended for Rose Crossing to be developed as a rural cross section in areas not a part of the subdivision as it heads east. PUBLIC HEARING Zack Graham — 411 E Main St., Ste 101, Bozeman — stated he is with CTA Architects and is representing the applicant. He advised that the activity that is going on in the area is some testing of the sand for use with concrete. MOTION Kauffman moved and Yerkes seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-16-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Kalispell North Town Center — Phase 1 be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION Jentz clarified to the board that extending Rose Crossing is a part of the preliminary plat and that we will see this project go up in phases due to the sheer size of the project. Graham added he is very excited for this project to move forward and see it progress. ROLL CALL The motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Young returned to his seat. OLD BUSINESS Jentz updated the board on what stage of the approval process The Lofts @ Ashley are in. NEW BUSINESS Jentz advised that if the work session for the Kalispell Regional Healthcare PUD goes well tonight we could be looking at a public hearing at the February 14th Planning Board meeting. ADJOURNMENT The meeting was adjourned at approximately 6:47 p.m. NEXT MEETING The next meeting of the Kalispell Planning Board will be held on Tuesday, February 14, 2017 at 6:00 p.m. and located in the Kalispell City Council Chambers, 201 1't Avenue East. Chad Graham President APPROVED as submitted/amended: Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of January 10, 2017 Page 14 SOUTHSIDE ESTATES REQUEST FOR MAJOR SUBDIVISION APPROVAL STAFF REPORT #KPP-16-02 KALISPELL PLANNING DEPARTMENT December 28, 2016 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a preliminary plat to create 29 lots. A public hearing has been scheduled before the planning board for January 10, 2017, beginning at 6:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION: A request from Team Development, LLC for Southside Estates, a major subdivision of an 8.83 acre parcel into 29 lots. The lots are broken up into 16 single-family lots and 13 townhouse lots creating 16 single family and 26 townhouse units for a total of 42 housing units. The subdivision was previously approved as a 37 lot single-family subdivision by the planning board at the December 8, 2016 meeting; however, the subdivision is being re -heard by the planning board as the applicant has changed the plat layout. The property is located within the R-4 (Residential) Zoning District and is currently undeveloped grasslands. The R-4 Zoning District provides for townhouse development as shown on the plat layout. The subject property was previously annexed into the city and given preliminary plat approval for 34 residential lots in 2007. The previous preliminary plat was known as Ashley Park Phase 9 and would have been the last phase of the Ashley Park Subdivision. Ashley Park Phase 9 was never completed due to the economic downtown and the preliminary plat lapsed. A new developer has purchased the property and intends to subdivide the property in a very similar design as previously approved with the exception of townhouse lots. A. Petitioner and Owners: Technical Assistance: Team Development, LLC PO Box 1642 Brush Prairie, WA 98606 Jackola Engineering 2250 HWY 93 South Kalispell, MT 59901 B. Location and Legal Description of Property: The subject property is located approximately 100 feet south of the intersection of Pintail Drive and Merganser Drive. The property can be described as Tract 4 in the SW4, SE4 of Section 19, Township 28N, Range 21W, P.M.M., Flathead County, Montana. C. Size: Total area: 8.82 acres Lots: 5.64 acres Roads/Streets: 2.18 acres Common Area: 1.0 acres D. Existing Land Use and Zoning: The subject property is undeveloped grasslands and is zoned city R-4 (Residential). E. Adjacent Land Uses: North: Single-family residence East: Single-family residence South: Kalispell Bypass and vacant land West: Kalispell Bypass and vacant land F. Adjacent Zoning: North: City R-4 East: County R-1 and County I - 1 South: County R-1 West: County R-1 G. General Land Use Character: The site is somewhat of a mixed use area generally characterized as residential with single-family, townhouse and mobile home park neighborhoods to the north and east, salvage yard to the east and the Kalispell Bypass and vacant land to the south and west. 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 No. 5 Fire: City of Kalispell Police: City of Kalispell REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT OF SOUTHSIDE ESTATES SUBDIVISION 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. Due to the fact that there is not currently two ingress/egress points into the subdivision and there are over 30 units, all of the residences will be constructed with fire sprinklers. Fire station 61 is located approximately 1.5 miles away providing good response time. Flooding: Flood Insurance Rate Map, panel number 30029C 1815J shows the 2 entire subdivision to be outside of the 100-year floodplain. Geology: The subject property has uncontrolled fill across the site. Accordingly, a geotechnical investigation was prepared by CMG Engineering on November 10, 2016 to address the potential issues associated with developing the site. The investigation has a series of recommendations included that address site preparation, excavation/earthwork, drainage, paving and quality control. Staff recommends that these recommendations be followed throughout the development of the site. Additionally, in order for the recommendations to be properly incorporated into the design and construction stages, a geotechnical and construction materials engineer should remain involved in the project to ascertain that the recommendations are being properly implemented. Noise: Section 28.3.09 of the Kalispell Subdivision requires that noise mitigation techniques be utilized to reduce the noise impacts to 60 dba at the property line. The subject property is located adjacent to the Kalispell Bypass which creates noise in excess of 60 dba. A sound study was completed for the subdivision by Big Sky Acoustics, dated November 7, 2016. The sound study shows that the south end of the proposed subdivision is experiencing 64 dba. To mitigate the traffic noise, the sound study recommends an 8-foot high barrier to meet the city's 60 dba requirement. The barrier can be constructed using a host of materials and techniques ranging from an earth berm to a sound absorption fence to a concrete wall or any combination thereof. Staff also recommends that the wall be reviewed by the Architectural Review Committee prior to installation for aesthetics and neighborhood conformity. Access: Access is provided by Merganser Drive which is a city street build to city standards and currently serves lots within phases 4, 5, 7, and 8 of the Ashley Park Subdivision. Southside Estates being considered will include a connection via Pintail Drive from Merganser Drive south into the 8.82-acre subdivision site. The preliminary plat shows two internal roads, Destiny Lane and Kismet Court. These two internal roads will be built to city standards within a 60-foot road right- of-way. The preliminary plat shows Destiny Lane extending to the west side of the subdivision serving lots 4-10 and terminating with a cul-de-sac. Destiny Lane also extends east within the subdivision serving lots 1, 2, 28 and 29 terminating at the property boundary and serving as a connection point to a large tract of land to the east. Where Destiny Lane terminates at the eastern property boundary a temporary turnaround is required. The turnaround may require an easement from the property owner to the east in order to provide the needed area. If an easement cannot be obtained, Lots 1 and 29 may need to serve as the area needed for the turnaround until the point in time where Destiny Lane can be extended. Kismett Court extends south approximately 560' through the subdivision serving lots 3 and 11-27 terminating at a cu-de-sac. Single access into a subdivision is acceptable where the primary access road is less than 1,000 feet. The preliminary plat shows a pathway connection to the existing bike path along the Kalispell Bypass. Currently, the pathway shown on the preliminary plat connects to the Kalispell Bypass path along Kismet Court at the southwestern most tip of the cul-de-sac. In addition to this connection, staff is recommending that a pathway connection to the Kalispell Bypass path be constructed at the western most point of Destiny Lane. 3 B. Effects on Wildlife and Wildlife Habitat: There are no known big game wintering ranges, migration routes, nesting areas, wetlands, or important habitat for rare or endangered species per the Montana Fish Wildlife and Parks information checklist for subdivisions. C. Effects on the Natural Environment: Surface and groundwater: The Depth to Water Table map indicated the water table is between 10-20 feet below the surface throughout the project site. The geotechnical investigation performed by CMG Engineering, measured groundwater depths from 5 to 9.4 feet on November 2, 2016. Due to the high water table depth, CMG Engineering recommends that basements be prohibited as part of the plat approval. However, crawl spaces with a finished grade above the original ground surface elevation prior to the previous fill material placed onsite should be suitable. CMG recommends foundation drains and emergency sump pumps be installed at all residences that contain a crawl space. Drainage: The applicant is proposing to develop a subdivision level storm drainage system with two common area ponds located within the subdivision. Curbs and gutter will be installed along the streets throughout the subdivision and the storm water will be conveyed to the two common area storm drain easements. A final storm water design will be reviewed and approved by Kalispell Public Works prior to construction and final plat submittal. A condition of approval requires that a homeowner's association be created for the maintenance of the common area which would include the common area drainage easements. As part of the storm easement areas the association will be required to mow the area to reduce fire hazard and reduce spread of noxious weeds. Lastly, the developer is required to submit for review to the Kalispell Public Works Department an erosion/sediment control plan for review and approval. These plans provide for managing storm water on the site and include stabilizing the construction site through an approved revegetation plan after site grading is completed. D. Effects on Local Services: Water: Water service to the subdivision would be provided by the City of Kalispell from an existing 8" water main located within Pintail Drive that the developer would extend south into the subdivision. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department and Kalispell Fire Department as part of the development of the subdivision. There is adequate capacity within the city's water system to accommodate this development. Sewer: Sewer service will be provided by the City of Kalispell with an extension of an existing 8" sanitary sewer main located within Pintail Drive that the developer would extend south into the subdivision. There is an existing sewer lift station located at the north entrance of the subdivision. Sewer from the subdivision will gravity flow through the new sewer main extended south and connected to the above mentioned lift station through a forced main. This lift station currently services multiple phases of the Ashley Park Subdivision and pumps wastewater into the city's gravity system. The sewer system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision. There is adequate capacity within the city's sewer Ii system to accommodate this development. The Planning Department is recommending that landscaping be installed in addition to the fencing that will be surrounding the lift stations. The purpose of the landscaping is to both screen the facility from the future residents and better integrate the facilities into the fabric of the neighborhood. The landscaping should consist of shrubs and bushes which reach a height of 6 feet or higher and approved by the Parks and Recreation Director. Roads: The subdivision main entrance will be off of Pintail Drive, which will be extended south approximately 600'. This street extended south is labeled as Kismet on the preliminary plat. Additionally, the internal road system will have an east west road labeled as Destiny Lane. All of these roads will be constructed to city standards and would include curb, gutter, sidewalks and landscaped boulevards. Traffic projections for this subdivision are estimated to be 352 daily trips in the area. As proposed, the Southside Estates Subdivision would not create any additional road capacity problems in the area. All the intersections within this area will continue to operate la LOS C or better with the additional traffic from the proposed development. No roadway improvements or intersection modifications are necessary at this time. Schools: This development is within the boundaries of Kalispell School District No. 5. The school district could anticipate an additional 21 school aged children from the subdivision. This number takes into account pre-school aged children, home school education options and private school options. Not all of the children who live in the subdivision will be attending public schools. This subdivision would have a potentially minor impact on the district. 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. Parks and Open Space: The state and local subdivision regulations have parkland dedication requirements of or cash in lieu of parkland dedication in the amount of .03 acres per dwelling unit. Accordingly, the parkland requirement for the subject property would be 1.26 acres. However, the applicant intends to pay cash in lieu of parkland. The cash payment will be based off of the fair market value of undivided, unimproved land prior to final plat approval. The money would be used for improvements to existing parks and acquisition of new park land in the immediate area. The subdivision does propose .90 acres of open space; however, that area is designated as storm water common area and does not qualify for parkland. 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. The department can adequately provide service to this subdivision. 5 Additionally, the road network to the subdivision provides adequate access for fire protection. Due to the fact that there is not currently two ingress/egress points into the subdivision and there are over 30 units, all of the residences will be constructed with fire sprinklers. Fire station 61 is located approximately 1.5 miles away providing good response time. 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 subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is approximately 3 miles from the site. E. Effects on Agriculture and agricultural water user facilities: The subject property is in an urbanized area and located within city limits, and adjacent to city water and sewer. There will be no impact to agriculture facilities in this case, as the property has not been used for agriculture for years and is surrounded by development to the north, south, east and west. No impact to water user facilities are anticipated since the property will be served by a public water system. F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future Land Use Map designates this area as Urban Residential development, which anticipates a mix of primarily single-family and duplex dwellings with a density of 3-12 dwelling units per acre. The proposed subdivision has a density of 4.8 dwelling units per acre. The density is in compliance with the anticipated density in the area. G. Compliance with Zoning: The property is located within the R-4 (Residential) Zoning District. The Kalispell Zoning Ordinance describes the intent of this district: "This district is comprised of primarily single-family and duplex dwellings. Development within the district will require all public utilities, and all community facilities. This zoning district would typically be found in areas designated as urban residential on the Kalispell Growth Policy Future Land Use Map." All of the lots shown on the preliminary plat meet or exceed the minimum lot size requirement of 6,000 square feet and minimum lot width requirement. The R-4 Zoning District also provides for townhouse development as a permitted use. 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-16-02 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Southside Estates be approved, subject to the conditions listed below: CONDITIONS OF APPROVAL 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. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. 3. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water 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. 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 Storm Water Discharge Associated with Construction Activities. 5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 6. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. 7. Existing onsite infrastructure shall be improved to meet the minimum City of Kalispell Standards for Design and Construction. 8. 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. 9. 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 7 Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 10. 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 11. 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. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 12. A temporary turnaround shall be required at the east terminus of Destiny Lane to the satisfaction of the Public Works Director. 13. An 8-foot sound barrier shall be constructed along the west property boundary. The sound barrier shall extend from the southernmost property line point northerly to a point a minimum of 75 feet past the existing MDT barrier (As shown in FIGURE 3 of the sound study). The materials and construction of the sound barrier shall conform with the recommendations as provided in the sound study completed by Big Sky Acoustics, dated November 7, 2016 and approved by the Architectural Review Committee for aesthetics and neighborhood conformity. 14. Two Kalispell Bypass bike path access points shall be provided and installed. One shall be located at the western most point of Destiny Lane and the 2nd at the southwestern most point of Kismet Court. The access points to the bypass shall be 5 feet in width as they penetrate the sound wall system to limit the amount of noise intrusion. The bike path shall connect the existing street with the bike path providing for flared ends at the bike path connection point. 15. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. The HOA should include provisions for the maintenance of all common areas including the storm water ponds, sound wall and wastewater lift station. 16. The developer shall comply with all recommendations of the geological investigation report completed by CMG Engineering, dated November 10, 2016. A geotechnical or construction materials engineer should certify the recommendations are being properly implemented. 0 17. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 18. Landscaping shall be installed in addition to the fencing that will be surrounding the lift stations. The landscaping should be of such intensity as to shield the lift stations and consist of shrubs and bushes which reach a height of 6 feet or higher. The plan and actual installation shall be approved by the Kalispell Parks and Recreation Director and Public Works Director. 19. A cash in lieu of parkland in the amount of .03 acres per dwelling unit shall be provided. The cash payment will be based off of the fair market value of undivided, unimproved land prior to final plat approval. 20. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 21. All utilities shall be installed underground. 22. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 23. All residences should be constructed with fire sprinkler systems. 24. Basements are prohibited within the subdivision due to high groundwater. 25. Foundation drains and emergency sump pumps shall be installed at all residences that contain a crawl space. Planning Department 201 1st 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 Major Subdivision (6 or more lots) $1,000 + $125/lot Major Subdivision Resubmittal $1,000 For each original lot unchanged add $10/lot For each lot redesigned/added add $125/lot Mobile Home Parks & Campgrounds (6 or more spaces) $1,000 + $250/space (5 or fewer spaces) $400 + $125/space Amended Preliminary Plat Amendment to Conditions Only Re -configured Proposed Lots \ Base fee 40/lot Add Additional Lots or Sublots Base fee + $12 of Subdivision Variance $100 (per variance) Commercial and Industrial Subdivision $1,000 + $125/lot SUBDIVISION NAME: SOUTHSIDE ESTATE OWNER(S) OF RECORD: Name TEAM DEVELOPMENT LLC Phone (360) 907 386.9 City R'State.• •' n. TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name & Address 2250 HWY 93 S Name & Address KAI 1SPF1 I , MT, .SAeld1 LEGAL DESCRIPTION OF PROPERTY: Property Ad Assessor's Tract No(s) 4 Lot No(s) 0000012475 1/4 Sec SE1/4 SW 1/4 Section 19 Township 28N Range _2 I�A/ GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces 30 Total Acreage in Subdivision g 83_ Total Acreage in Lots 570 Minimum Size of Lots or Spaces 6000 S Total Acreage in Streets or Roads 2.19 Maximum Size of Lots or Spaces Total Acreage in Parks, Open Spaces and/or Common Areas 0_93 PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family 16 LOTS Townhouse 14 LOTS Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other APPLICABLE ZONING DESIGNATION & DISTRICT R-4 ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS . 115,628 IMPROVEMENTS TO BE PROVIDED: Roads: Gravel Paved Y_Curb _Gutter -X_Sidewalks --X—Alleys Other Water System: Individual Multiple User Neighborhood Public Other _X__ Sewer System: Individual Multiple User Neighborhood Public Other , Other Utilities: Cable TV _Telephone _Electric x_Gas _X Other Solid Waste: Home Pick Up Central Storage Contract Hauler Owner Haul Mail Delivery: Central _)�T_Ir ividual School District: Fire Protection: Hydrants _X__Tanker Recharge Fire District: Drainage System: PROPOSED EROSION/SEDIMENTATION CONTROL: SWPPP TO BE PROVIDED 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: 0 PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED 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. l . Preliminary plat application. 2. 4 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. 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 rolitine monitoring and inspection during the approval and development process. (Applicant) (Date) ii SOUTSIDE ESTATES LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE S00°29'25"E ON AND ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1022.22 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY OF U.S. HWY No. 93 ALTERNATE ROUTE; THENCE N36*44'56"W ON AND ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 1260.44 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19; THENCE N89°03'52"E ON AND ALONG SAID NORTHERLY LINE, A DISTANCE OF 751.44 FEETTO THE POINT OF BEGINNING. THIS TRACT CONTAINS 8.82ACRES, SUBJECT TO AND TOGETHER WITH ALL APPURTENANT EASEMENTS AND ENCUMBERANCES APPARENT AND OF PRELIMINARY PLAT OF SOUTHSIDE ESTATES l � S W 114 5E 114 OF SEMON 19, T 28 N, A 21 W, PM,M, FLATHEAD COUNTY, MONTANA AMEB B. A .. _. [GMMONANA09BAG kl- s ROA04: i.11AG a DESCRIPTM A TRAROF LAND LOGITEO IN THE SOUTHWESTQUAflTEfl OF TNESOUTNEAST QUARTER OF SECTON 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA AND BEING MORE PARTICULARLY DESCRIBED M FOLLOWS: BEGINNING ATTNE NORTHEASTCORNER OFTHE SOUTNWESTQUARTER OFTHESOUTHEAST QUARTER OFSAID SECTION 19, MENCES 20'2S"E ON AND ALONG THE E LUIE OF THE SOUTHWEST QUARTER OF THE50UTHEASTQUARTER, A DLSTANCE OF3022.22 FEEFTO A POINT ON ME NORMEASTERLYRIGHT-OF-WAY OF US. HWYN,. 93 ALTERNATE ROWE, THENCE N36-4'5VWONANDALONGSAIDRIGHT-0F Y,ADL NCEOF3260.MFEETTO A POIMON ME NORTHERLY UNE OF THESOUTHWESTQUMnR OFMESOUTHEAST QUARTER OFSECNON 19; THENCE ND-03.52"E ON ANDALONGSAID NORTHERLY UNE, A DISTANCE OF7S1.44 FEETTO THE POINT OF BEGINNING. THIS TMCTCONTAINS B.B2ACRE5, SUBI_ ANDTOGETHERWNHALLAPPURTENANT EASEMEMSANDENCUMBEMNCES APPARENTAND OF RECORD.