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.
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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.