01/04/16 Staff Report Silverbrook Estates Preliminary PlatPLANNING FOR THE FUTURE
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
MOW"A
Doug Russell, City Manager
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-15-04 — Silverbrook Estates Subdivision, Phase 2
January 4, 2016
BACKGROUND: Silvermont Properties LP is requesting preliminary plat approval for phase 2 of
Silverbrook Estates Development. Phase 2 was previously preliminary platted in March 2009;
however the preliminary plat for phase 2 will be expiring in March, 2016. Phase 2 has exhausted its
ability to be extended and the owner has now submitted a new preliminary plat for phase 2. The
application submitted for the phase 2 preliminary plat is the same as previously approved in 2009.
Phase 2 includes approximately 167 acres which constitutes the remaining acreage outside of phase 1
and phase 1A of the 325 acre project site. Phase 2 proposes 197 single-family lots, 90 townhouse lots
and 18 commercial lots (13 for building and 5 for parking). Silvermont Properties is requesting to
utilize all municipal public services including water, sewer, police and fire services. Phase 2 lies at
the southwest corner of the intersection of Highway 93 North and Church Drive. The 167 acres that
make up phase 2 can be described as Tract 3 and a portion of Tracts 4 and 5 of Certificate of Survey
15896, located in the NE4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead
County, Montana.
The Kalispell Planning Board held a duly noticed public hearing December 8 2015, to consider the
application request. Staff presented staff report KPP-15-04 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 conditions.
During the public comment portion of the hearing, the applicant spoke briefly addressing some of the
comments initially raised by a member of the Planning Board. There being no additional public
testimony, the public hearing was closed and a motion was presented and seconded to adopt staff
report KPP-15-04 as findings of fact, and recommend to the Kalispell City Council that the
preliminary plat be approved, subject to conditions. There was lengthy discussion regarding the
language in condition No. 29. The discussion stemmed around whether the language in the condition
should be a requirement or advisory. Accordingly, a motion was made to amend condition No. 29, so
that language within the condition was clearly advisory and not a requirement. After further
discussion regarding the condition, the motion to amend condition No. 29 was approved,
unanimously on a roll call vote.
There was additional discussion regarding condition No. 22. The discussion stemmed around whether
the city should be requiring recommendations from Fish Wildlife & Parks into a developer's
CC&R's. A motion was presented to remove condition No. 22. After further discussion regarding the
removal of condition No. 22, the motion failed on a roll call vote with 3 in favor and 3 opposed (ties
fail).
Lastly, there was lengthy discussion regarding condition No. 32. The discussion stemmed around
whether the city should be requiring a waiver of a special improvement district for sanitary sewer
upgrades. Accordingly, a motion was presented to remove condition No. 32. There was further
discussion that impact fees are now in place and a waiver is not needed. Some members of the
Planning Board felt like the issue should be addressed by the City Council. The motion failed on roll
call vote with 2 in favor and 4 opposed.
There being no further discussion, the motion to approve the preliminary plat, with the amendment to
the condition 29, passed unanimously on a roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the resolution
for the preliminary plat, subject to conditions.
FISCAL EFFECTS: Approval of the request will allow the applicant to proceed with development
of the site, which in turn will have positive fiscal impact.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution # 5749
December 8, 2015, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
Staff report compiled: December 15, 2015
c: Aimee Brunckhorst, City Clerk
Silvermont Properties, 315 Parkway Drive, Kalispell, MT 59901
CTA, 411 East Main, Ste 101, Bozeman, MT 59715
RESOLUTION NO. 5749
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
SILVERBROOK ESTATES SUBDIVISION PHASE 2, MORE PARTICULARLY
DESCRIBED AS TRACT 3 AND A PORTION OF TRACTS 4 AND 5 OF CERTIFICATE OF
SURVEY 15896 LOCATED WITHIN THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Silvermont Properties LP, the owner of the certain real property described above, has
petitioned for approval of the Subdivision Plat of Phase 2 of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
December 8, 2015 on the proposal and reviewed Subdivision Report #KPP-15-04
issued by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval
of the Preliminary Plat of Silverbrook Estates Subdivision Phase 2 subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of January 4,
2016, reviewed the Kalispell Planning Department Report #KPP-15-04, 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 L That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-15-04 are hereby adopted as the Findings of Fact of the City Council.
SECTION IL That the application of Silvermont Properties LP for approval of the
Preliminary Plat of Silverbrook Estates Subdivision Phase 2, Kalispell,
Flathead County, Montana is hereby approved subject to the following
conditions:
General Conditions:
1. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional conditions
associated with the preliminary plat as approved by the city council. Note: Implementing the
conditions of approval may reduce the number of lots shown on the approved preliminary
plat.
2. The total gross square footage for all buildings on the 13 commercial lots in phase 2A shall
not exceed 120,000 square feet. The largest building shall not exceed 25,000 gross square
feet.
3. The preliminary plat approval for phase 2 shall be valid for a period of three years from the
date of approval.
Prior to final plat:
4. Prior to final plat approval of phase 2B the townhouse lots shall be renumbered with the A&B
designations added to each lot (i.e. 305A and 305B) to further clarify the lots as townhouse
lots.
5. The following note shall be placed on the final plat for phase 213: "Further subdivision of the
lots in phase 2B is prohibited."
6. Prior to submitting a final plat application for phase 2C a zone change application for blocks
33 and 40 to change the zoning from R-4 to R-2 shall be approved by the Kalispell City
Council.
7. The existing Traffic Impact Study shall be amended to include an analysis of the approaches
intersecting Church Drive and mitigated improvements that may be necessary to Church Drive
with the increase in traffic. Proposed improvements that may result from the analysis shall be
approved by the Public Works Department prior to engineering design.
8. The streets serving the neighborhood commercial portion of the project will be constructed to
a minimum of collector street standards. The following note shall be placed on the final plat
for phase 2A: "Along roadways with on street parking, the eight (8) feet adjacent to the curb
shall be used for snow storage. Pedestrian facilities must be provided outside of the
aforementioned eight (8) feet."
9. All intersections shall be designed in accordance with the most recent version of AASHTO's
A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS. Streets shall
intersect at ninety (90) degree angles, if topography permits, but in no case shall the angle of
intersection be less than seventy-five (75) degrees for a minimum distance of sixty (60) feet as
measured along the centerline, from right-of-way line at the intersecting street.
10. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with current City of Kalispell's Standards for Design and Construction and
Montana Public Works Standards. The design shall be certified in writing by a professional
engineer licensed in the State of Montana. All design work shall be reviewed and approved in
writing by the Kalispell Public Works Department prior to construction. This infrastructure
shall include but not be limited to water main, sewer main, storm sewer facilities, streets,
street lighting, street signage, curb, gutter, boulevard and sidewalks.
11. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and Montana Public Works
Standards. The water and sewer main extension plans shall be reviewed and approved by the
Kalispell Public Works Department. Prior to final plat, a certification stamped by a
Professional Engineer shall be submitted to the Public Works Department stating that the
water and sewer mains have been built as designed and approved.
12. Private irrigation water mains shall be designed and placed within the ten (10) foot utility
easement adjacent to and outside of the public right-of-way.
13. Prior to submitting a final plat application for each phase, the developer shall provide the
Public Works Department with an analysis of possible deficiencies created in the existing
conveyance system, from the respective phase to the treatment plant, by the addition of the
phase. The analysis and possible mitigation plan, once reviewed and approved by the Public
Works Department, shall be completed prior to final plat approval.
14. The developer shall submit to the Kalispell Public Works Department for review and approval
a stormwater report and an engineered drainage plan that meets the requirements of the
current City standards for design and construction. Prior to final plat, a certification shall be
submitted to the Public Works Department stating that the drainage plan for the subdivision
has been installed as designed and approved.
15. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/sediment control plan for review and approval and a copy of all documents submitted
to Montana Department of Environmental Quality for the General Permit for Stormwater
Discharge Associated with Construction Activities.
16. 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.
17. The following requirements shall be met per the Kalispell Fire Department and so certified in
writing by the Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code currently adopted by the City of Kalispell at the time of
construction..
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code
currently adopted by the City of Kalispell.
d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided
in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
18. The developer shall submit to the Kalispell Public Works Department, for review and
approval, documentation that the proposed bedding, haunching, initial backfill and subbase
backfill materials for utility trenches, as required in the City of Kalispell Standards for Design
and Construction, meets the requirements for Class 1 Materials as defined in ASTM D 2321
and the mitigation requirements (Section X1.8) of the same standard. The documentation
shall be certified by an engineer licensed in the State of Montana.
19. A 12-foot meandering berm shall be constructed within the buffer along Highway 93. The
berm shall be landscaped with the landscaping plan reviewed and approved by the Parks and
Recreation Department.
20. A letter shall be submitted from an engineer licensed in the state of Montana approving the
reshaped slopes along the Stillwater River and adjacent drainage way for stability purposes in
accordance with CMG Engineering's slope stability assessment.
21. A note shall be shown on the face of the final plat identifying those lots closest to the crest of
the reshaped slope mentioned in condition 16 and require a minimum 20 foot building setback
from the crest of the reshaped slope.
22. The Silverbrook Estates covenants, conditions, restrictions and reservations shall be amended
to include the 9 recommendations from the Montana Department of Fish, Wildlife and Parks
letter to minimize the problems that future homeowners could have with wildlife, as well as
helping them protect themselves, their property, and the wildlife.
23. Phase 2B shall be amended to include a minimum one acre of open space. The open space
shall be located centrally in either block 29 or block 30. Prior to final plat approve the open
space location shall be approved by the Kalispell Site Review Committee.
24. The one acre of open space shall be developed with the following:
• Irrigation
• Landscaping to consist of trees, grass and shrubs
• Pedestrian paths
• A focal feature such as a gazebo, art work or formal garden
The development plan shall be submitted to the Parks and Recreation Department for review
and approval and installed prior to final plat of phase 2B.
25. Additional open space shall be provided either north or south of the one acre open space site
required in condition 19 to provide a linear greenbelt from the intersection of Swift Creek
Way and Diamond Peak Loop to Silvertip Trail. The open space shall be a minimum of 50
feet in width and include a walking path to be constructed per standards approved by the
Parks and Recreation Department. The walking path shall be constructed prior to final plat
approval.
26. 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.
27. The 2.19 acre area designated on the preliminary plat as open space in block 46 of phase 2D
will meet the parkland dedication requirements provided that it is developed to create a
recreational amenity within the subdivision. A letter from the Kalispell Parks and Recreation
Department shall be provided at the time of final plat that outlines the improvements and
confirms those improvements have been made.
28. The approved pedestrian/bike path plan shall be installed as follows:
• Paths within the open space along Highway 93 shall be installed prior to final plat
approval of phase 2A.
• Paths within the open space along the Stillwater River, wetland and drainage shall be
installed prior to final plat approval of phase 2b of the subdivision.
• All other remaining paths shall be installed prior to final plat approval of the respective
phase they are located in.
29. The following note shall be placed on the final plat: "Builders of homes on Consti-detie
heffies-en lots 357-363 of Block 31 and lots 305 and 334 of Block 29 should consider
incorporatin acoustical architectural measures along the side of the house facing the
highway. This would include placing less sensitive noise rooms (kitchens, bathrooms, laundry
rooms) on the side of the house closest to the highway. Other options would include
reducing the number of doors or windows, installing triple pane windows and solid wood
doors."
30. The following note shall be placed on the final plat: "Property owner(s) are responsible for the
boulevard strip for the length of their property boundaries. Responsibilities include watering
and mowing of the grass within the boulevard. Removal of grass or trees within the
boulevard and placement of any other kind of materials is prohibited unless approved by the
Kalispell Department of Parks and Recreation."
31. The following note shall be placed on the final plat: "Property owner(s) shall waive their right
to protest the creation of a special improvement district for road upgrades to Church Drive."
32. The following note shall be placed on the final plat: "Property owner(s) shall waive their right
to protest the creation of a special improvement district for sanitary sewer upgrades which
will serve the subdivision."
33. The following note shall be placed on the final plat: "This subdivision is located in an
agricultural area and potential nuisances such as noise, dust, odors, and irregular hours of
operation are to be expected. As such, the right to farm on adjoining properties shall not be
restricted as a result of the development or occupancy of this subdivision."
34. The following note shall be placed on the final plat: `Be aware that an existing arena and race
track are located to the north of the subdivision. Noise generated by the arena and race track
may be heard from your property."
35. The rear property boundaries of lots 574-579 of Block 53 shall be amended to provide a
minimum distance of 170 feet from the bank of the Stillwater River to the rear property
boundary.
36. The rear property boundaries of lots 569-572 of Block 53, lots 561-568 of Block 52 and lot
409 of Block 34 shall be amended to provide for a minimum distance of 50-feet from the top
of the bank along the drainage to the rear property boundary. The contour line designating the
top of bank shall be determined by City staff and the developer's consultants.
37. A 30-foot rear yard setback shall be required for all structures on lots adjacent to the
Stillwater River Hillside and its tributaries. This would include lots 574-579 of Block 53, lots
569-572 of Block 53, lots 561-568 of Block 52 and lot 409 of Block 34.
38. The roads within the subdivision shall be named and signed in accordance with the policies of
the Kalispell Public Works Department and the Manual of Uniform Traffic Control Devices
and be subject to review and approval prior to final platting of each respective phase. A letter
shall be obtained from the Kalispell Public Works Department stating the naming and
addressing on the final plat have been reviewed and approved.
39. 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.
40. 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. The mail delivery site shall provide ADA accessibility
from the public pedestrian facilities.
41. The following statement shall appear on the final plat: "The undersigned hereby grants unto each
and every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the
right to the joint use of an easement for the construction, maintenance, repair, and removal oftheir
lines and other facilities, in, over, under, and across each area designated on this plat as "Utility
Easement" to have and to hold forever."
Developer's Signature
42. That a minimum of two-thirds of the necessary infrastructure for each phase of this
subdivision shall be completed prior to final plat submittal. The minimum of two-thirds of the
necessary infrastructure shall include the extension of water and sewer mains from the city to
the site and necessary lift stations to transport effluent back to the city.
43. A 60 foot public road and utility right-of-way projecting along the Great Northern Trial
alignment to Tract I D shall be dedicated to the City of Kalispell within Block 54 to provide
road and utility connections to the property immediately west. The dedication shall be done
prior to final plat of phase 2d. Final location of the right-of-way shall be approved by the
Public Works Department. Development of the right-of-way will be required by the developer
of Tract 1D.
44. The original design report prepared by Pioneer Technical Services indicated two wells would
be installed for the subdivision which were projected to provide the required fire flow of
1,500 gpm. Due to the presence of Manganese in Well No. 1, Well No. 2 was the only public
water supply well installed to serve the Silverbrook subdivision. The completed Well No. 2
has a permitted pumping rate of 250 gpm and lies approximately 2.5 miles north of any
redundant supply lines. Water modeling shall be completed to determine the water production
and water right improvements necessary to provide maximum daily demand for full build out
of Phases I and 2. Required improvements shall be completed at no cost to the City of
Kalispell.
Ongoing conditions:
45. All utilities shall be installed underground.
46. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the office
of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 4TH DAY OF JANUARY, 2016.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
SILVERMONT PROPERTIES, LP
REQUEST FOR SILVERBROOK ESTATES SUBDIVISION PHASE 2
STAFF REPORT #KPP-15-04
KALISPELL PLANNING DEPARTMENT
NOVEMBER 16, 2015
A report to the Kalispell City Planning Board and the Kalispell City Council regarding the
request for preliminary plat approval for 305 lots on approximately 167 acres located on
the north end of the City of Kalispell at the intersection of Highway 93 and Church Drive.
A public hearing has been scheduled before the planning board for December 8, 2015,
beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will
forward a recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION: In December of 2006, the Kalispell City Council
annexed the 325 acre site which is located at the southwest corner of the intersection of
Highway 93 and Church Drive. The council, upon annexation, assigned the property
with three zoning districts; R-2 (Single -Family Residential), R-4 (Two -Family Residential)
and B-1 (Neighborhood Buffer District). The council also approved a planned unit
development (PUD) known as Silverbrook that master planned the 325 acre site. The
PUD allowed a total of 586 residential lots comprised of 466 single family lots and 120
townhouse lots, and 12 commercial lots. The council also approved phase 1 and lA of
the Silverbrook Estates subdivision which gave preliminary approval to plat 249 single
family lots on approximately 160 acres. The developer received final plat approval for
phase 1 in March 2008 and phase lA in July 2009.
The developer is now requesting preliminary plat approval of phase 2 of the Silverbrook
Estates subdivision. Phase 2 was previously preliminary platted in March 2009 by
Resolution 5339; however the preliminary plat for Phase 2 will be expiring in March,
2016. Phase 2 has exhausted its ability to be extended and the owner has now
submitted a new preliminary plat for phase 2. The application submitted for the phase 2
preliminary plat is the same as previously approved. Phase 2 includes approximately
167 acres which constitutes the remaining acreage outside of phase 1 and phase lA of
the 325 acre project site. Phase 2 proposes 197 single-family lots, 90 townhouse lots and
18 commercial lots (13 for building and 5 for parking).
A. Petitioner and Owners: Silvermont Properties, LP
622 St. Andrews Drive
Columbia Falls, MT 59912
(406) 756-8077
Technical Assistance: CTA Architects Engineers
411 E Main St, Ste 101
Bozeman, MT 59715
B. Location and Legal Description of Property: The property proposed for
subdivision lies at the southwest corner of the intersection of Highway 93 and
Church Drive. The 167.07 acre property which makes up phase 2 can be
described as Tract 3 and a portion of Tracts 4 and 5 of Certificate of Survey
15896, located in the NE4 of Section 13, Township 29 North, Range 22 West,
1
P.M.M., Flathead County, Montana.
C. Existing Land Use and Zoning: The property has been used for agricultural
production in the recent past; however, with annexation into the city in 2006 that
has ceased. Although the 167 acre project site is currently vacant, development of
the Silverbrook Estates subdivision phase 1 is occurring immediately to the south.
Improvements from phase 1 have also occurred on phase 2. This includes
Silverbrook Drive and upgrades to Church Drive, located on the northern end of
phase 2.
Existing zoning includes a combination of R-2/PUD, R-4/PUD and B-1/PUD Zoning
Districts. The R-2/PUD Zoning District covers the majority of the 167 acre site.
Approximately 25 acres of the 167 acre site is zoned R-4/PUD and approximately 15
acres is zoned 13-1 / PUD.
The R-2/PUD, Single Family Residential Zoning District is intended to provide
adequate lot areas for urban residential development. This district is also intended
to have good thoroughfare access, and be in proximity to community and
neighborhood facilities such as schools, parks and shopping areas. The minimum lot
area required in the R-2 is 10,000 square feet.
The R-4, Two -Family Residential, Zoning District provides for residential
development with minimum lot areas. Development within the district requires all
public utilities, and all community facilities. The minimum lot size requirement in
the R-4/PUD is 6,000 square feet.
The B-1 / PUD Zoning District is a business district to provide certain commercial
and professional office uses where such uses are compatible with the adjacent
residential areas. This district is also intended to provide goods and services at a
neighborhood level. The district is not intended for those businesses that require
the outdoor display, sale and/or storage of merchandise, outdoor services or
operations to accommodate large-scale commercial operations. The minimum lot
size in the 13-1 / PUD district is 7,000 square feet.
D. Adjacent Land Uses and Zoning:
North: Agricultural land including a 240 acre conservation easement, a race
track and Majestic Valley Arena; County AG-40 and SAG-5 zoning
East: Single-family homes and commercial businesses; County SAG-10 and
County 13-1 zoning
South: Single-family homes and vacant lots; City R-2/PUD zoning
West: Agricultural land; County AG-40 and West Valley Zoning District
zoning
E. General Land Use Character: The area can be described as an area in transition
from agriculture to urban scale residential. Phase 1 of the Silverbrook Estates
subdivision is located immediately south of phase 2 and permits 249 single family
residential lots. Phase 1 of Silverbrook was final platted in 2008 and development of
the single-family lots is ongoing. Silverbrook Drive has been improved through the
property from U.S. Highway 93 North at the south end of the development to
2
F.
Church Drive at the north end, with the anticipation of further development of the
subject property. Phase 2 of Silverbrook Estates would be the northern most
boundary of the urban scale development to occur along the Highway 93 corridor
within city limits.
Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
Private contractor
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
CenturyTel
Schools:
Kalispell School District #5/Whitefish School District
Fire:
Kalispell Fire Department
Police:
City of Kalispell
Overall Project Description:
Phase 2 includes approximately 167 acres which constitutes the remaining
acreage outside of phase 1 of the 325 acre project site. Phase 2 proposes 197
single-family lots, 90 townhouse lots and 18 commercial lots (13 building, five for
parking). The single family lots will range in size as follows:
• 80 lots at approximately 1 /4 of an acre
• 96 lots at approximately 1/3 of an acre
• 21 lots at approximately 1 /2 of an acre
The townhouse lots will have a minimum size of approximately 4,800 square feet
to a maximum size of approximately 11,800 square feet. The 13 commercial
building lots will range in size from approximately 8,700 square feet to just over
one acre, and the surface parking lots will range from approximately 34,850
square feet to 2.5 acres in size.
Phase 2 is divided into four separate subphases; phase 2A, 213, 2C and 2D. A
map showing the location of each of the subphases is included in the application
packet. A breakdown of the lots within each of the subphases is as follows:
• Phase 2A - 13 commercial building lots and 5 parking lots within the B-1 / PUD
zoning district
• Phase 2B - 90 townhouse lots within the R-4/PUD zoning district
• Phase 2C - 84 single family lots within the R-2 and R-4 zoning districts
• Phase 2D - 113 single family lots and a 2 acre park within the R-2 zoning
district.
All streets within the subdivision will equal or exceed city standards. The
applicants propose to provide significant buffering along US 93 including 100 -
240 feet of greenbelt containing a meandering landscaping berm and a 12 foot
wide public bike path. They also propose an integrated trail system connecting a
series of small open spaces as well as a large open space along the Stillwater River
system. A park is proposed in the western half of the project site. Open space and
3
parkland areas will make up approximately 48 acres of the 167 acres in phase 2
with the trails and parks open to public use.
REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT OF PHASE 2
OF SILVERBROOK ESTATES SUBDIVISION
A. Effects on Health and Safety:
Fire: This subdivision is in the service area of the Kalispell Fire Department. The
property would be considered to be at low risk of fire because the subdivision and
homes within the subdivision would be constructed in accordance with the
International Fire Code and have access which meets City standards. All of the
lots within phase 2 will abut a street that has been constructed to City standards.
Hydrants will be required to be placed in compliance with the requirements of the
International Fire Code and approved by the Fire Marshall. The fire access and
suppression system should be installed and approved by the fire department prior
to final plat approval because of potential problems with combustible construction
taking place prior to adequate fire access to the site being developed.
As development occurs north of the existing Kalispell city limits, the fire
department continues to plan for new fire station locations to serve future
residents of the city. The proposed subdivision would be located approximately
2.5 miles north of fire station number 62 located near the intersection of Highway
93 and Reserve Loop Drive at the northern edge of our current fire service area.
To help aid the fire department in it's ability to locate a future fire station north of
the existing city limits, the developer has proposed a 2.5 acre fire station/well site
to serve the future residents in the area.
Flooding: Prior to submitting the subdivision the owners had conducted a detailed
flood study. There are no areas within the 100-year floodplain where the lots are
proposed pursuant to Flood Insurance Rate Map No. 30029C 1415J.
Access: Access to the subdivision is provided by US Highway 93 on the east side
of the subdivision and Church Drive on the north side of the subdivision. The
Montana Department of Transportation has widened this portion of Highway 93
from two lanes to four lanes with on and off ramps to serve Church Drive.
Internally, the subdivision has one collector roadway, Silverbrook Drive,
connecting Highway 93 at the southeast corner of the subdivision in phase 1 to
Church Drive. Local access roadways to serve the individual lots within phase 2
will be constructed within a 60-foot road right-of-way.
In summary, the development proposes only one access along Highway 93.
Silverbrook Drive accesses Highway 93 at the very southeast end of the PUD
project site. There are no additional access points proposed onto Highway 93.
Along the north boundary of phase 2, 3 access points over a distance of 3/4 mile
will be constructed onto Church Drive. Church Drive connects to Highway 93 at
the four lane interchange. The intersection of Silverbrook Drive and Church Drive
is already completed. The other two access points onto Church Drive are
proposed to be constructed as part of phase 2A.
V
Noise: Highway 93 is located on the east side of the proposed subdivision. In
order to mitigate noise impacts associated with the highway the developers are
proposing a buffer with widths varying between 100 feet to 200 feet. Within this
buffer the owners are proposing to construct an earth berm approximately 12 feet
high as well as planting a vegetative buffer for visual screening and a 12-foot
bike/pedestrian trail running the length of the highway buffer. Immediately
adjacent to this buffer is a city street, providing additional distance between
future residential homes and the highway.
The Highway 93 North Growth Policy Amendment, Policy 1 states, "Gateway
Entrance Corridors (areas of special concern) would extend up to 150 feet of
either side of the existing R/W for primary highways and up to 50 feet for
secondary highways." Policy 2.a of the Highway 93 North Growth Policy
Amendment identifies this section of Highway 93 as being within a gateway
entrance to Kalispell.
Policy 3.i of the Highway 93 North Growth Policy Amendment provides the
following requirements for land within the gateway entrance corridor where the
adjacent gateway road speed is posted above 45 mph:
i. A minimum 100 - 150 foot impact area should be provided for major
entrances and a 50 foot entrance for minor entrances.
ii. Within this impact area, a combination of berming, landscaping using live
materials and trees as well as grass, a pedestrian trail system, limited
parking and frontage roads should be incorporated.
The proposed highway buffer includes the buffer setbacks listed above as well as
the landscaping, berming and a pedestrian trail system located within the
highway buffer area.
The Montana Department of Transportation (MDT) was contacted to comment on
the proposed buffer from Highway 93 as part of the preliminary plat review of
phase 1. The Highway Department responded that in order to effectively mitigate
noise impacts from the highway any berm or wall must break the line of sight
between the highway and the receiver (dwellings). This would mean that future
homes built on the lots closest to the highway should not be able to see the
highway traffic, including semi -trucks and recommended a berm of about 12 feet
high.
By providing a berm that breaks the line of sight the Highway Department's letter
notes that the berm would provide at least a 5 decibel level noise difference which
would be noticeable. For second stories the Highway Department suggested that
acoustical architectural measures be considered when designing the home. This
would include placing less sensitive noise rooms (kitchens, bathrooms, laundry
rooms) on the side of the house closest to the highway. Other options would
include reducing the number of doors or windows, installing triple pane windows
and solid wood doors.
The developer has already constructed a majority of the berm along the highway
as part of phase 1. Phase 1 also has a condition requiring the berm be a minimum
of 12 feet. For consistency between phases 1 and 2 the planning department
recommends the berm along Highway 93 also be built to a minimum height of 12-
feet. In addition to the berm, the planning department would also recommend
5
advising future residential lot owners closest to Highway 93, lots 357-363 of block
31 and lots 305 and 334 of block 29, to utilize acoustical architectural measures
as suggested by MDT when constructing their homes. This too was a condition of
preliminary plat approval for phase 1.
The other potential noise impact in the area of the subdivision is located
approximately one -mile north. The Majestic Valley Arena and adjacent race track
hold racing events and concerts that have the potential to generate noise that may
be irritating to future residents within the subdivision. Therefore, the planning
department recommends a note be placed on the final plat notifying residents of
the subdivision of the adjacent arena and race track and noise generated by these
uses may be heard from their property.
On -site Improvements: The City of Kalispell requires subdivisions to complete a
minimum of two-thirds of the necessary infrastructure (water, sewer, roads, etc.)
prior to filing the final plat. The city staff recommends this condition on each plat
because staff would like to insure that prior to issuing a building permit on a new
lot; there is access which meets the fire department's minimum standards as well
as water and sewer services.
Slope Stability: The Stillwater River makes up just over half of the western
boundary of phase 2. The high banks of the Stillwater River are prone to
sloughing and slides. The sloughing or slides typically occur during wet cycles or
in times of significant surface water events. Water soaks or trickles down through
the soil until it hits an impervious clay layer. This layer then becomes super
saturated and slides occur. Historically, in the Stillwater and Whitefish river
drainages, portions of road bed, stream banks and house foundations have been
severely damaged by these events. The safest precaution is to maintain the high
banks in their natural vegetation, versus irrigated lawns, and require building
and rear lot setbacks.
Several site inspections have been conducted onsite to assess the sloughing.
During these inspections it was noted that hillside sloughing had occurred in the
area of lots 575 to 583 as shown on the preliminary plat of phase 2. The owner
and his consultants were aware of this issue and hired CMG Engineering, Inc.
who conducted a geotechnical investigation. The geotechnical investigation
included, among other things, a slope stability assessment.
The slope stability assessment states that the slopes along the western property
boundary are a safety concern in their current condition and will likely fail during
a design level earthquake. CMG recommended the slopes be graded to provide for
an acceptable factor of safety against sliding during high groundwater conditions
and the design level earthquake. They further recommend a building setback of
20 feet from the crest of the reshaped slope.
The introduction and background discussion included with the phase 2
application notes that the recommended grading for the unstable slopes along the
Stillwater River has been completed. Planning staff is recommending a condition
be included requiring an engineer's approval of the reshaped slopes for stability
purposes in accordance with CMG Engineering's slope stability assessment. In
addition, a note should be required on the preliminary plat indentifying those lots
closest to the crest of the reshaped slope and requiring a minimum 20 foot
building setback as recommended by the slope stability assessment.
G'l
The slope stability assessment also noted the steeper slopes along the drainage
that extends from the Stillwater River east towards the center of the subdivision.
The slope stability assessment mentions a recommended 50 foot property line
setback from the crest of the slope for water quality and wildlife habitat
protection. The assessment states that, "In our opinion, a set -back distance of 50
feet is more than adequate for the slopes in the vicinity of the drainage that
extends to the center of the site..." This setback would be adjacent to lots 561 to
573 in phase 2D and lots 408 and 409 in phase 2C.
B. Effects on Wildlife and Wildlife Habitat: The Stillwater River is located along a
portion of the western edge of the subdivision. In addition, a large drainage is
located along a portion of the south boundary of phase 2 and flows westward into
the Stillwater River. The 167 acres within phase 2 of the project includes
approximately 2,300 lineal feet of Stillwater River frontage and approximately
1,800 lineal feet of the drainage. The upland portion of the property where lots
are proposed has historically been used extensively as tilled cropland and
therefore this entire portion of the site has been disturbed. In the area along the
Stillwater River, much of it remains open and undeveloped.
The Montana Department of Fish, Wildlife and Parks (FWP) commented on the
proposed subdivision. Based on the current status of the riparian areas along the
river and associated wetlands, FWP recommends that for a stream the size of the
Stillwater River, a minimum of a 200-foot building setback with at least the first
100 feet adjacent to the stream be protected with natural vegetation.
Chapter 7, The Natural Environment, of the Kalispell Growth Policy 2020 lists the
following Goals and Policies:
Goal 1
ENCOURAGE DEVELOPMENT THAT IS COMPATIBLE WITH OR ENHANCES
NATURAL RESOURCE VALUES INCLUDING AIR, WATER, SOIL AND
VEGETATION.
Goal 2
DEVELOPMENT NEAR ENVIRONMENTALLY SENSITIVE AREAS SHOULD BE
ACCOMPLISHED SO THAT THESE FEATURES ARE LEFT IN A RELATIVELY
UNDISTURBED STATE.
Goal 6
PROTECT WETLAND AND RIPARIAN AREAS SINCE THEY ARE IMPORTANT IN
FLOOD PROTECTION, MAINTAINING WATER QUALITY AND PROVIDING
HABITAT.
Policy 3
Development in environmentally sensitive areas including 100-year floodplain,
wetlands, riparian areas, shallow aquifers and on steep slopes may pose
inherent development limitations and design should be managed to avoid and
mitigate environmental impacts and natural hazards.
Although the owners have provided setbacks for a majority of the lots proposed in
FA
phase 2 which meet the recommended setbacks by Fish, Wildlife and Parks,
several lots, the rear portion of lots 574 to 579 of phase 2D are located closer than
200 feet. In order to meet the above cited goals and policy of the Kalispell Growth
Policy the planning department is recommending the lot boundaries be amended
to provide for a 200 foot building setback. This will require the rear lot
boundaries to be adjusted anywhere from several feet to upwards of 20 feet. The
CC&,R's for the Silverbrook Estates subdivision along with a recommended
condition of approval will require a 30 foot building setback along the rear
property boundary of these lots to obtain a building setback of 200 feet from the
Stillwater River. This setback exceeds the R-2 zoning district setback which has a
rear yard setback of 20-feet.
Regarding the wetlands and associated drainage along the south boundary of
phase 2, phase 1 of the Silverbrook Estates subdivision was required to alter lot
lines adjacent to the wetlands and drainage to provide for a minimum distance of
50-feet from the top of the bank. The contour line designating the top of the bank
was determined by City staff and the developer's consultants. This minimum
setback provides for the retention of native vegetation along the edge of the banks
of the drainage and wetlands. Planning department staff is recommending this
same condition of approval for phase 2.
The CC&,R's for Silverbrook establish a 30-foot rear yard setback for the single
family lots adjacent to the Stillwater River Hillside and its tributaries. This
setback exceeds the R-2 zoning district setback which has a rear yard setback of
20-feet. With a property line setback of 50 feet from the top of the bank along the
drainage and a 30-foot building setback for rear yards as required in the
Silverbrook CC&,R's the drainage bank stability and water quality would be
protected.
Information maps obtained from the Montana Department of Fish, Wildlife and
Parks indicate the areas along the Stillwater River corridor to have high densities
of whitetail deer. These areas are also used as winter range for the deer. The
owners are proposing a linear park along the Stillwater River. By placing the land
along the Stillwater River in a park setting, the proposed subdivision complies
with the following policies in the Kalispell Growth Policy:
Chapter 7, The Natural Environment, Policy 10
Protection of wildlife and wildlife habitat should be encouraged through
conscientious actions such as avoiding loose dogs, feeding large wild animal
species along with maintaining established important habitat areas.
Chapter 7, The Natural Environment, Policy 11
Wildlife travel corridors should be conserved and maintained possibly through
easements or other voluntary restrictions.
Because of the very prominent presence of wildlife in the area of the subdivision
FWP recommends steps are taken to minimize attractants such as garbage, fruit
trees and bird feeders. Included in the CC&,R's of the Silverbrook Estates
subdivision it recommends keeping garbage containers in a shed or garage and
alerts property owners that fruit -bearing trees may attract wildlife. Planning
department staff is recommending the language in the Silverbrook CC&,R's be
expanded to include the recommendations of FWP letter. The recommendations in
their letter expand on the recommendations currently contained in the
E:
Silverbrook CC&,R's and provide additional information to decrease the potential
for human/wildlife conflicts.
C. Effects on the Natural Environment:
Surface and groundwater: The Stillwater River is located on the western edge of
the subdivision. In addition to the river, surface waters collected on site flow to a
drainage located on the southern end of phase 2. The water collected in this
drainage travels west through an existing wetland into the Stillwater River.
Building setbacks as well as detention ponds for the collection and treatment of
stormwater will be incorporated in the subdivision to mitigate impacts to surface
waters.
The soils report conducted by CMG Engineering, Inc. included boring data that
indicates saturated soils between 7-20 feet or more below the surface. It is the
city council's policy to recommend against basement construction if groundwater
is between 5-10 feet below the surface. The borings which had the highest
groundwater levels were in the eastern part of the subdivision in the area of
phases 2A and 2B. The planning department is therefore recommending a
condition that recommends against basements within phases 2A and 2B.
Drainage: As stated above, a large drainage is located on the southern end of
phase 2; however the majority of the site is relatively flat. Curbs and gutters will
be installed with the subdivision and an engineered storm drain management
plan will have to be developed to address the runoff from the site. There is no
storm drain system in the immediate area and storm water will have to be
managed using on -site retention methods as part of an engineered stormwater
management plan.
The preliminary plat included with the application shows two storage basins, one
on either side of the Silverbrook Drive immediately adjacent to the existing large
drainage traversing the property. The storage basin on the east side of Silverbrook
Drive will be used for phase 2C. The storage basin on the west side of Silverbrook
Drive will be used for phase 2D with the park in phase 2D as a possible
alternative storage basin. The drainage plan will have to comply with the City of
Kalispell's standards, State standards and will be required to be reviewed and
approved by the Kalispell Public Works Department.
Wetlands: A wetland delineation report was conducted. The report noted a
wetland fringe along the boundary of the Stillwater River. This area is proposed to
be in open space in order to limit impacts to it. Two wetland areas were also
noted within phase 2. The larger of the two, approximately 4.3 acres is located
along a portion of the southern boundary of phase 2. The second wetland area,
approximately 0.10 of an acre is located west of lot 579 at the bottom of a small
draw. Lot locations and building setbacks discussed in section B, Effects on
Wildlife and Wildlife Habitat would mitigate any potential impacts to the wetlands.
D. Effects on Local Services:
Water: Water service to the subdivision would be provided by the City of Kalispell.
The developer, as part of phase 1, extended a 14 inch water line from the
intersection of Highway 93 and West Reserve Drive to the Silverbrook Estates
subdivision. Within phase 1, 8 and 10 inch main lines were installed within the
C
street right-of-ways. The application states that for the residential portion of
phase 2, 8 inch water lines will be extended to serve these lots. The exact pipe
size for the commercial portion of the subdivision will be determined depending
on the uses there.
The water system for the subdivision will be reviewed and approved by the
Kalispell Public Works Department and the 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: In addition to installing water main lines along Highway 93 to serve the
Silverbrook Estates subdivision, the owner also installed sewer lines. An 18 inch
gravity sewer line was installed from the Silverbrook project site south along
Highway 93. The 18 inch sewer line terminates at a sewage pumping station
located north of the Stillwater River and West of U.S. Highway 93. From the lift
station sewage is then taken by a force main and a gravity main to a lift station at
the intersection of Highway 93 and Grandview Drive. The existing downstream
sanitary sewer collection system (downstream of the Grandview pumping station)
does not have the capacity to accommodate the sewer flows from this or any new
development generating sewer flows toward the sewage pumping station located
at the intersection of U.S. 93 and Grandview Drive.
The Kalispell Public Works Department has stated that additional off -site
improvements are necessary to convey sewage from the subdivision site and other
development in this area to the waste water treatment plant, located
approximately 5 1/z miles south.
The department is recommending that upon submitting a final plat application for
this phase the developer provide the department with a plan of how sewage will be
conveyed to the wastewater treatment plant. The plan, once reviewed and
approved by the department, would be required to be installed prior to final plat
approval.
Eventually sewer from the north and west areas of Kalispell, those areas north of
Four Mile Drive, will be served by a future west side sanitary sewer interceptor.
The sewer interceptor will be constructed to bypass existing city infrastructure
which may be at or near capacity. These existing sewer lines are expensive to
expand and possibly difficult to replace because of the built up environment
around them, which is why a new sanitary sewer line is needed.
The west side sanitary sewer interceptor will be built west of Highway 93. The
purpose of the new sanitary interceptor is to convey sewage from future
development on the north end of the city to the treatment plant.
Lots within phase 2 of Silverbrook Estates will eventually use this new sewer
interceptor. In order for the construction costs of the sewer interceptor to be
shared by all development the interceptor will serve, the Kalispell Public Works
Department is recommending a condition be placed on the final plat waiving the
future lot owner's right to protest the creation of a special improvement district
(SID). This special improvement district would be implemented by the city to
cover construction and engineering costs associated with the sewer interceptor.
10
Within the Silverbrook subdivision twelve inch gravity sewer lines were installed
for phase 1 and phases 2A and 2B will utilize these existing sewer lines. A
wastewater lift station will need to be installed to serve phases 2C and 2D. The
lift station will be located near the southeast corner of phase 2D adjacent to
Silverbrook Drive. Wastewater will travel through the lift station and a force main
eventually connecting with the existing 12 inch gravity main line in phase 1.
Design and construction of the mains within phase 2 will be reviewed and
approved by the Kalispell Public Works Department.
Roads: Phase 2 will be served by a collector roadway, Silverbrook Drive, which
has been constructed and serves as the primary access into and out of the
Silverbrook Estates subdivision. Silverbrook Drive connects with Highway 93 in
the southeast corner of phase 1 and travels northwest, connecting with Church
Drive at the northern end of the project site. The entire length of Silverbrook Drive
was constructed as part of phase 1.
A number of local roads are proposed to serve the individual lots throughout
phase 2. These roads will be constructed to local road standards including a 28-
foot driving surface with boulevards, which vary in width between 6-7 feet, and a
5-foot sidewalk. The streets serving the neighborhood commercial portion of the
project will be constructed to allow easy on -street parking and provide for wider
sidewalks. These streets will be 40 feet wide with 13 foot wide sidewalks on either
side of the street.
Silverbrook Drive is proposed to be the only access point onto Highway 93 for
both phases 1 and 2 of Silverbrook Estates. By providing only one access point
onto Highway 93 for the entire project site and a well developed internal road
network, the development is consistent with the following two policies in the
Highway 93 North Growth Policy Amendment:
Policy 3.b
Access should be coordinated so as to allow only collector or arterial streets to
intersect. The judicious use of right -in right -out approaches, frontage roads
and good internal development street design should be the rule to reduce or
eliminate the need for direct access onto major gateway roads.
Policy 3.c
With the construction of the Church Drive overpass on US 93, every effort
must be taken to fully utilize this interchange and conversely limit direct
access onto US 93 for at least 3/4 mile along areas north and south of this
facility to avoid congestion points and the need for future traffic signals. The
judicious use of right -in right -out approaches, frontage roads and good
internal development street design will mitigate the need for direct access out.
A preliminary traffic impact study was conducted as part of the preliminary plat
submittal for the project. The preliminary traffic study provided the number of
average daily trips and AM and PM peak hour trip numbers for both phases 1 and
2. This includes all of the single family and townhomes proposed as part of the
master plan development of the 325.1 acre project site as well as trip estimates for
potential future commercial uses in the northeast corner of the project site.
11
Using the average daily trip numbers generated by both phases, the development
would create approximately 7,847 average daily vehicle trips from the subdivision.
The discussion on trip distribution notes that 40% of the traffic could be expected
to travel north with 50% traveling south. The preliminary report also notes 7% of
the traffic traveling east and 3% traveling west. The trip distribution section of
the preliminary traffic impact study concludes that most trips are expected to
utilize Highway 93.
At full build out nearly all of the intersections will function within an acceptable
level of service (LOS). The delay value used in determining LOS is known as
control delay. Control delay is defined as the total delay experienced by a driver
and includes initial deceleration delay, queue move -up time, stopped delay, and
final acceleration delay. The delay a vehicle experiences is a function of the
capacity of the approach, the volume of traffic, and the signal timing (if present).
The LOS values of an intersection are represented by the letters A through F.
LOS A represents the best control delay scenario which has little or no waiting
time at the intersection. LOS F represents the worst case scenario where waiting
times at a particular intersection may take 80 seconds or longer for a vehicle to
execute the desired movement; making a left turn, right turn or continuing
straight through the intersection.
The only intersection expected to have a degraded level of service is the
intersection of Highway 93 and Silverbrook Drive/Tronstad Road. The traffic
study shows that at PM peak hours the eastbound and westbound approaches at
the Tronstad Road intersection are expected to operate at level E. The traffic
study recommends constructing right turn pockets for eastbound and westbound
approaches at the intersection of Tronstad Road and Highway 93. This will
improve the level of service at this intersection from E to D.
Other recommendations include acceleration and deceleration lanes at the
Highway 93 and Church Drive intersection, eliminating existing approaches onto
Highway 93 between Church Drive and Silverbrook Drive and constructing a left
turn lane for westbound traffic on Church Drive at the project's east access road.
This is the road intersection serving the neighborhood commercial development.
Improvements needed within the Highway 93 right-of-way have been reviewed by
the Montana Department of Transportation (MDT). Necessary mitigation work
within the highway right-of-way has been completed or a payment has been
provided by the developer per the agreement between the developer and MDT.
This includes the intersection of Highway 93 and Silverbrook Drive/Tronstad
Road.
Church Drive was improved as part of the construction of phase 1. The
improvements included curb, gutters, sidewalks on the south side and widening
the road. The road widening anticipated the future left turn lane needed at the
west bound entrance. To accommodate the recommended left turn lane only
striping is needed as the road has already been widened. The striping for the left
turn lane will be included in the recommended conditions of approval.
Church Drive, located on the northern end of phase 2, is currently experiencing
12
light volumes of traffic which does not significantly impact the condition of the
road. If the proposed subdivision is improved, it will add additional traffic on
Church Drive that will cause significant impacts to the entire road. The developer
has reconstructed the south side of Church Drive as part of phase 1. However,
the reconstruction only included that portion of Church Drive which fronts the
Silverbrook Estates subdivision. Therefore, the planning department would
recommend that at a minimum a waiver to protest the creation of a special
improvement district for upgrading Church Drive to City standards should be
required as a plat condition. The waiver of protest would enable the city to
reconstruct additional sections of Church Drive that will be impacted by this
subdivision.
Schools: The northern half of phase 2 is within the Whitefish School District.
This includes approximately 190 residential lots. The remaining residential lots
in the south half of phase 2 are within Kalispell School District #5. The school
districts could anticipate that an additional 143 school aged children might be
generated into the district at full build out (95 within the Whitefish School District
and 48 within Kalispell School District #5). This number is used because it takes
into account pre-school aged children, home school education options and private
school education option. Not all of the children who live in the subdivision will be
attending public schools. This subdivision may have potentially significant impact
on both districts, particularly on a cumulative level with other developments
pending within the districts - both urban and rural particularly with high school -
aged students.
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 or cash in lieu of parkland dedication in the
amount of .03 acres per residential dwelling unit. The subdivision is proposing
287 residential units, which would require 8.6 acres of suitable parkland.
During the review of the PUD in 2006, the staff report noted that the developer
proposed 49.83 acres of open space for phase 2. The first page of the preliminary
plat provides an acreage breakdown for the lots, open space and roads within the
subdivision. The total acreage of open space for phase 2 is 48.33 acres, 1.5 acres
less than what the developer proposed in the PUD plan. The decrease in open
space is from reduced open space areas around the commercial lots in phase 2A
and the townhouse lots in phase 2B.
Condition 2 of the PUD approval (Ordinance No. 1597) requires the development
of the 325 acre site to substantially comply with the conceptual site plan which
included more open space areas than are depicted on the PUD conceptual plan
submitted with phase 2. In accordance with the PUD agreement, the PUD plan
was brought before the city's site review committee for consideration of the open
space modifications. The site review committee reviewed the modifications and
deemed them to be minor. In deeming them minor the committee noted that the
slight reduction in density of 15 townhouse lots would correspondingly reduce the
open space/park requirements. However, it appeared that there was a significant
13
loss of open space in the immediate area of the townhouses; therefore, the
committee recommended additional open space of one acre to be placed within
the townhouse development and a linear open space swath to connect the open
space within the townhouse development with the commercial development to the
north. The Parks and Recreation Department is recommending the one acre open
space be developed with the following:
• Irrigation
• Landscaping to consist of trees, grass and shrubs
• Pedestrian paths
• A focal feature such as a gazebo, art work or formal garden
A pedestrian path is also recommended within the linear open space connecting
the open space within the townhouse development to the commercial district to
the north. Further discussion of this open space recommendation can be found
under section G - Compliance with Zoning, of this staff report.
Within the other open space areas along the Stillwater River, drainage, and
highway the owners are proposing landscaping, water features and a
pedestrian/bike path to provide recreational access to both the residents of the
subdivision and the greater Kalispell community. In addition to the open space
within phase 2 the developer is proposing one park approximately 2.19 acres in
size located in block 46 of phase 2D.
The Kalispell Growth Policy, Chapter 9, Parks and Recreation, provides the
following Goals and Policy for parkland:
Goal 1
PROVIDE A BALANCED DISTRIBUTION AND DIVERSITY OF RECREATIONAL
FACILITIES AND PEDESTRIAN/BICYCLE PATHS THAT PROVIDES ACCESS
FOR ALL AGE GROUPS.
Goal 4
ASSURE ADEQUATE AND SAFE ACCESS TO PARKS FROM RESIDENTIAL
SUBDIVISIONS.
Policy 3
Provide a balanced mix of parks and recreational facilities to meet local needs,
which including mini parks, neighborhood parks, community parks, regional
parks, linear parks, special facilities and conservation lands or facilities.
The Kalispell City Council has also adopted a Parks and Recreation
Comprehensive Master Plan. This plan provides direction as to park types
(neighborhood park, community park, regional park) and general locations of park
sites. Figure 7.1: Proposed Recreation Facilities, in the Parks and Recreation
Comprehensive Master Plan recommends the Stillwater River corridor be part of a
natural open space area.
The developer has placed the Stillwater River corridor in phase 1 within an open
space setting. The open space is controlled by the homeowners association. The
river corridor in phase 2 is also proposed to be within a common open space area
14
instead of individual lots. The placement of the river corridor within a common
open space area complies with the above recommendation found in the Parks and
Recreation Comprehensive Master Plan.
The Parks and Recreation Department already reviewed and approved the park
plan for the park in phase 2D. The department has also approved the
pedestrian/bike path construction designs for the entire subdivision. The
department is recommending the 2.19 acre park be installed or bonded for with
the final plat of phase 2D. For the pedestrian/bike paths the department is
recommending the path along Highway 93 be completed with the final plat
approval of phase 2A. The paths along the drainage and Stillwater River would be
installed or bonded for with the final plat approval of the second phase of
development. This may occur in phase 213, 2C or 2D whichever is requested for
final plat approval first. This will insure the recreational paths are in place when
a majority of the lots within Silverbrook Estates have been created. There are
several remaining paths located in phase 2C and 2D which provide connections
from the interior subdivision streets to Church Drive. These paths will need to be
installed prior to final plat approval of the phase in which the path is located.
The environmental assessment notes that all open space areas, once
improvements have been installed by the master developer, will be maintained by
the property owners association. However, as stated earlier, all open space areas
and trails will be available for the use of the general public.
Police: This subdivision is in the jurisdiction of the City of Kalispell Police
Department. The department can adequately provide service to this subdivision,
however the cumulative impacts of growth within the City further strains the
department's ability to continue to provide the high level of service the
department is committed to.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department and the subdivision will be required to comply with the International
Fire Code. The fire department will review and approve the number and location
of hydrants within the subdivision as well as fire flows for compliance with
applicable fire codes. Although fire risk is low because of good access and fairly
level terrain, the fire department is recommending that access to the subdivision
and the hydrants are in place prior to final plat approval and/or use of
combustible materials in construction.
Solid Waste: Solid waste will be handled by a private hauler in accordance with
State statues and taken to the Flathead County Landfill. 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 close,
approximately 4 miles from the site.
E. Effects on Agriculture and agricultural water user facilities: The site has been
traditionally used for agricultural uses including crop production. The
environmental assessment for the project states that the site generally has a
15
farmland classification of "prime farmland' when irrigated. This was confirmed by
information obtained from the Natural Resource and Conservation Service
(NRCS). The environmental assessment continues by stating that approximately
294 acres of the 325 acre project site have produced alfalfa with yields of 4.0 to
4.4 tons per acre.
Lands to the north and west of phase 2 are still primarily used for agricultural
purposes. With the approval of this subdivision water and sewer service will be
extended to the site. This extension of services will impact the agricultural land
use in the area. The effect this subdivision would have on adjacent agricultural
land would be the potential for more land currently in agricultural production to
convert to relatively higher density residential subdivisions due to the close
proximity of water and sewer mains.
Current policies in the Kalispell Growth Policy, Chapter 5, Land Use: Agriculture,
state the following:
Policy 1
Encourage and create incentives to conserve agricultural lands.
Policy 2
Encourage urban growth into areas which are not environmentally sensitive or
productive agricultural lands.
The proposed subdivision contradicts both of the above policies as the requested
subdivision would not conserve any agricultural land on the site and does take
productive agricultural lands out of production. However, by providing a growth
area boundary, the city can entertain requests for annexation, which in turn lead
to the extension of water and sewer services. This enables more of the growth to
come into the City of Kalispell and connect to city water and sewer, and have
police and fire protection that the City offers its residents. Allowing higher density
development within the City's growth policy area, it could reasonably be expected
that more farmland could be conserved because the availability of residential and
commercial lots within the Kalispell Growth Policy boundary, limiting sprawl
development.
Immediately north of phase 2 across Church Drive is an approximately 160 acre
property in a conservation easement. The easement allows the property to be used
as agricultural land but prohibits future development on the land. By creating
residential and commercial lots immediately south of the conservation easement,
future residents will need to be aware that farming of this land will take place and
from time to time potential nuisances such as noise, dust, odors, and irregular
hours of operation are to be expected. Therefore, the planning department is
recommending placing a note on the final plat notifying future property owners of
the agricultural nature of the surrounding lands.
F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy map
designates the 167 acre project site is being within three different land use
categories; Neighborhood Commercial, High Density Residential, and Suburban
Residential. The land use designations were put in place to match the proposed
uses of the master plan development when the property was annexed into the city.
16
Zoning provided for phase 2 includes R-2/PUD for areas designated Suburban
Residential, R-4/PUD for areas designated High Density Residential and B-1/PUD
for areas designated Neighborhood Commercial. These zoning districts comply
with their associated land uses, goals and policies contained in the Kalispell
Growth Policy.
G. Compliance with Zoning: The 167 acres which make up phase 2 includes three
zoning districts, R-2/PUD, R-4/PUD and B-1/PUD. The owner requested and the
city council also approved a planned unit development (PUD) zoning overlay
district for the entire 325.1 acre project site. The PUD, known as Silverbrook,
provided the developer the opportunity to deviate from the zoning and subdivision
regulations and gave the city council a master plan development of the entire
325.1 acre site. In December of 2006 the city council approved the Silverbrook
PUD by Ordinance 1597. Condition 2 requires the development of the 325.1 acre
site to substantially comply with the conceptual site plan. The conceptual site
plan depicted lot and road locations, parks, pathways and open space areas on
the site.
Planning staff has noted two modifications from the approved PUD conceptual
plan. The modifications are:
1. Increasing the number of commercial lots from 12 to 13 (for buildings).
2. Reconfiguring the townhouse lots and reducing the open space and paths
around these lots.
Section IV of the PUD agreement allows minor modifications of the PUD
agreement based on the review and approval of the city's site review committee.
The site review committee reviewed the modifications and deemed the
modifications minor. In deeming them minor the committee recommends placing
the following conditions on the project:
• The total gross square footage for all buildings on the 13 commercial lots shall
not exceed 120,000 square feet. The largest building shall not exceed 25,000
gross square feet. (This is based on the maximum commercial square footage
as shown on the approved PUD plan)
• A minimum one acre of open space shall be provided within the townhouse
phase of the subdivision. The open space should be located centrally in either
block 29 or block 30.
• Additional open space shall be provided either north or south of the one acre
open space site to provide a linear greenbelt from the intersection of Swift
Creek Way and Diamond Peak Loop to Silvertip Trail. The open space should
be a minimum of 50 feet in width and include a walking path.
With the above recommendations on this plat the site review committee
determined the revised PUD conceptual plan submitted with phase 2 would
substantially comply with the approved PUD plan.
17
Nearly two-thirds of the townhouse lots meet or exceed the minimum lot size of
6,000 square feet in the R-4 district. The R-4 district is a two family residential
zoning district where a duplex may be constructed on a single lot. Townhouse
lots, by definition, allow ownership of the parcel of land with one single family
dwelling unit on the land. This unit is attached with another single family
dwelling unit but separated with a common party wall having no doors, windows
or other provisions for human passage or visibility. The concern is that a future
lot buyer of a townhouse lot may question why two units would not be allowed on
the lot instead of one if the lot exceeds the minimum lot area of the R-4 district. If
this is allowed to happen the density of the subdivision can greatly increase and
paired lots may be split apart causing problems building the intended townhouse
units. To avoid these potential problems the planning staff recommends the
following:
• Townhouse lots shall be renumbered with the A&B designations added to each
lot (i.e. 305A and 30513) to further clarify the lots as townhouse lots.
• No further subdivision of the lots located in phase 2B.
When the city council annexed the 325.1 acre project site the majority of the
property was zoned R-2. A 13-1 zoning district was approved in the northeast
corner of the site which is shown as phase 2A. The R-4 zoning district was
approved for land immediately south and west of the B-1 zoning district. The
approved PUD plan proposed townhouse lots within the entire area zoned R-4.
The revised PUD plan submitted with phase 2 shows townhouse lots south of the
commercial district but has replaced the townhouse lots west of the commercial
district with single family lots. These lots occupy blocks 33 and 40 on the
preliminary plat and range in size from approximately 10,400 square feet to
13,000 square feet.
The planning department and the city's site review committee do not see problems
with changing the townhouse lots to single family lots however, the single family
lots are still zoned R-4. This allows future property owners of these lots to
construct either a single family home or a duplex on each of the properties.
The consultant would like to maintain the single family residential nature of the
area west of the commercial and townhouse blocks. To do this the consultant has
agreed that prior to submitting a final plat application for phase 2C the owner will
submit a zone change for blocks 33 and 40. The zone change would rezone the
two blocks from R-4 to R-2 to maintain the single family neighborhood setting and
avoid potential duplexes being constructed on the lots. The condition to rezone
the portion of property in phase 2C has been included in the recommended
conditions of approval.
H. Compliance with the Kalispell Subdivision Regulations: In December of 2006
the city council reviewed and approved the Silverbrook PUD which provided a
master plan for the 325.1 acre site. Part of the PUD request allowed two
deviations to the Kalispell Subdivision Regulations. The two deviations include
allowing longer block lengths and providing a sidewalk on only one side of the
street instead of both sides for one of the streets within the neighborhood
f:3
commercial phase of the subdivision which borders a significant open space area.
As a required condition of approval for longer block lengths the developer is
required to provide a pedestrian pathway connection at mid -block or where it
deemed most appropriate given surrounding streets and paths. The preliminary
plat of phase 2 provides for such connections in accordance with the PUD
condition.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board adopt staff report KPP-
15-04 as findings of fact and recommend to the Kalispell City Council that Phase
2 of Silverbrook Estates be approved subject to the conditions listed below:
CONDITIONS OF APPROVAL
General Conditions:
1. That the development of the site shall be in substantial compliance with the
application submitted, the site plan, materials and other specifications as well as
any additional conditions associated with the preliminary plat as approved by the
city council. Note: Implementing the conditions of approval may reduce the
number of lots shown on the approved preliminary plat.
2. The total gross square footage for all buildings on the 13 commercial lots in phase
2A shall not exceed 120,000 square feet. The largest building shall not exceed
25,000 gross square feet.
3. The preliminary plat approval for phase 2 shall be valid for a period of three years
from the date of approval.
Prior to final plat:
4. Prior to final plat approval of phase 2B the townhouse lots shall be renumbered
with the A&B designations added to each lot (i.e. 305A and 305B) to further
clarify the lots as townhouse lots.
5. The following note shall be placed on the final plat for phase 213: "Further
subdivision of the lots in phase 2B is prohibited."
6. Prior to submitting a final plat application for phase 2C a zone change application
for blocks 33 and 40 to change the zoning from R-4 to R-2 shall be approved by
the Kalispell City Council.
7. The existing Traffic Impact Study shall be amended to include an analysis of the
approaches intersecting Church Drive and mitigated improvements that may be
necessary to Church Drive with the increase in traffic. Proposed improvements
that may result from the analysis shall be approved by the Public Works
Department prior to engineering design.
8. The streets serving the neighborhood commercial portion of the project will be
19
constructed to a minimum of collector street standards. The following note shall
be placed on the final plat for phase 2A: "Along roadways with on street parking,
the eight (8) feet adjacent to the curb shall be used for snow storage. Pedestrian
facilities must be provided outside of the aforementioned eight (8) feet."
9. All intersections shall be designed in accordance with the most recent version of
AASHTO's A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS.
Streets shall intersect at ninety (90) degree angles, if topography permits, but in
no case shall the angle of intersection be less than seventy-five (75) degrees for a
minimum distance of sixty (60) feet as measured along the centerline, from right-
of-way line at the intersecting street.
10. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with current City of Kalispell's Standards for Design
and Construction and Montana Public Works Standards. The design shall be
certified in writing by a professional engineer licensed in the State of Montana.
All design work shall be reviewed and approved in writing by the Kalispell Public
Works Department prior to construction. This infrastructure shall include but
not be limited to water main, sewer main, storm sewer facilities, streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks.
11. Water and sewer main extensions shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction and
Montana Public Works Standards. The water and sewer main extension plans
shall be reviewed and approved by the Kalispell Public Works Department. Prior
to final plat, a certification stamped by a Professional Engineer shall be submitted
to the Public Works Department stating that the water and sewer mains have
been built as designed and approved.
12. Private irrigation water mains shall be designed and placed within the ten (10)
foot utility easement adjacent to and outside of the public right-of-way.
13. Prior to submitting a final plat application for each phase, the developer shall
provide the Public Works Department with an analysis of possible deficiencies
created in the existing conveyance system, from the respective phase to the
treatment plant, by the addition of the phase. The analysis and possible
mitigation plan, once reviewed and approved by the Public Works Department,
shall be completed prior to final plat approval.
14. The developer shall submit to the Kalispell Public Works Department for review
and approval a stormwater report and an engineered drainage plan that meets the
requirements of the current City standards for design and construction. Prior to
final plat, a certification shall be submitted to the Public Works Department
stating that the drainage plan for the subdivision has been installed as designed
and approved.
15. The developer shall submit to the Kalispell Public Works Department prior to
construction an erosion/sediment control plan for review and approval and a copy
of all documents submitted to Montana Department of Environmental Quality for
the General Permit for Stormwater Discharge Associated with Construction
Activities.
20
16. 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.
17. The following requirements shall be met per the Kalispell Fire Department and so
certified in writing by the Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in
accordance with International Fire Code currently adopted by the City of
Kalispell at the time of construction..
b. Fire hydrants shall be provided per City specifications at locations approved by
this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire
Code currently adopted by the City of Kalispell.
d. It shall be noted on the face of the plat that hazardous weed abatement shall
be provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
18. The developer shall submit to the Kalispell Public Works Department, for review
and approval, documentation that the proposed bedding, haunching, initial
backfill and subbase backfill materials for utility trenches, as required in the City
of Kalispell Standards for Design and Construction, meets the requirements for
Class 1 Materials as defined in ASTM D 2321 and the mitigation requirements
(Section X1.8) of the same standard. The documentation shall be certified by an
engineer licensed in the State of Montana.
19. A 12-foot meandering berm shall be constructed within the buffer along Highway
93. The berm shall be landscaped with the landscaping plan reviewed and
approved by the Parks and Recreation Department.
20. A letter shall be submitted from an engineer licensed in the state of Montana
approving the reshaped slopes along the Stillwater River and adjacent drainage
way for stability purposes in accordance with CMG Engineering's slope stability
assessment.
21. A note shall be shown on the face of the final plat indentifying those lots closest to
the crest of the reshaped slope mentioned in condition 16 and require a minimum
20 foot building setback from the crest of the reshaped slope.
22. The Silverbrook Estates covenants, conditions, restrictions and reservations shall
be amended to include the 9 recommendations from the Montana Department of
Fish, Wildlife and Parks letter to minimize the problems that future homeowners
could have with wildlife, as well as helping them protect themselves, their
property, and the wildlife.
23. Phase 2B shall be amended to include a minimum one acre of open space. The
open space shall be located centrally in either block 29 or block 30. Prior to final
plat approve the open space location shall be approved by the Kalispell Site
Review Committee.
21
24. The one acre of open space shall be developed with the following:
• Irrigation
• Landscaping to consist of trees, grass and shrubs
• Pedestrian paths
• A focal feature such as a gazebo, art work or formal garden
The development plan shall be submitted to the Parks and Recreation Department
for review and approval and installed prior to final plat of phase 2B.
25. Additional open space shall be provided either north or south of the one acre open
space site required in condition 19 to provide a linear greenbelt from the
intersection of Swift Creek Way and Diamond Peak Loop to Silvertip Trail. The
open space shall be a minimum of 50 feet in width and include a walking path to
be constructed per standards approved by the Parks and Recreation Department.
The walking path shall be constructed prior to final plat approval.
26. 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.
27. The 2.19 acre area designated on the preliminary plat as open space in block 46
of phase 2D will meet the parkland dedication requirements provided that it is
developed to create a recreational amenity within the subdivision. A letter from
the Kalispell Parks and Recreation Department shall be provided at the time of
final plat that outlines the improvements and confirms those improvements have
been made.
28. The approved pedestrian/bike path plan shall be installed as follows:
• Paths within the open space along Highway 93 shall be installed prior to final
plat approval of phase 2A.
• Paths within the open space along the Stillwater River, wetland and drainage
shall be installed prior to final plat approval of phase 2b of the subdivision.
• All other remaining paths shall be installed prior to final plat approval of the
respective phase they are located in.
29. The following note shall be placed on the final plat: "Builders of homes on
Genst ,,etier „-f en lots 357-363 of Block 31 and lots 305 and 334 of Block
29 should consider incorporating€ acoustical architectural measures along the
side of the house facing the highway. This would include placing less sensitive
noise rooms (kitchens, bathrooms, laundry rooms) on the side of the house
closest to the highway. Other options would include reducing the number of
doors or windows, installing triple pane windows and solid wood doors."
30. The following note shall be placed on the final plat: "Property owner(s) are
responsible for the boulevard strip for the length of their property boundaries.
22
Responsibilities include watering and mowing of the grass within the boulevard.
Removal of grass or trees within the boulevard and placement of any other kind of
materials is prohibited unless approved by the Kalispell Department of Parks and
Recreation."
31. The following note shall be placed on the final plat: "Property owner(s) shall waive
their right to protest the creation of a special improvement district for road
upgrades to Church Drive."
32. The following note shall be placed on the final plat: "Property owner(s) shall waive
their right to protest the creation of a special improvement district for sanitary
sewer upgrades which will serve the subdivision."
33. The following note shall be placed on the final plat: "This subdivision is located in
an agricultural area and potential nuisances such as noise, dust, odors, and
irregular hours of operation are to be expected. As such, the right to farm on
adjoining properties shall not be restricted as a result of the development or
occupancy of this subdivision."
34. The following note shall be placed on the final plat: "Be aware that an existing
arena and race track are located to the north of the subdivision. Noise generated
by the arena and race track may be heard from your property."
35. The rear property boundaries of lots 574-579 of Block 53 shall be amended to
provide a minimum distance of 170 feet from the bank of the Stillwater River to
the rear property boundary.
36. The rear property boundaries of lots 569-572 of Block 53, lots 561-568 of Block
52 and lot 409 of Block 34 shall be amended to provide for a minimum distance of
50-feet from the top of the bank along the drainage to the rear property boundary.
The contour line designating the top of bank shall be determined by City staff and
the developer's consultants.
37. A 30-foot rear yard setback shall be required for all structures on lots adjacent to
the Stillwater River Hillside and its tributaries. This would include lots 574-579
of Block 53, lots 569-572 of Block 53, lots 561-568 of Block 52 and lot 409 of
Block 34.
38. The roads within the subdivision shall be named and signed in accordance with
the policies of the Kalispell Public Works Department and the Manual of Uniform
Traffic Control Devices and be subject to review and approval prior to final
platting of each respective phase. A letter shall be obtained from the Kalispell
Public Works Department stating the naming and addressing on the final plat
have been reviewed and approved.
39. 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.
23
40. 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. The mail delivery site shall provide ADA accessibility
from the public pedestrian facilities.
41. 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
42. That a minimum of two-thirds of the necessary infrastructure for each phase of
this subdivision shall be completed prior to final plat submittal. The minimum of
two-thirds of the necessary infrastructure shall include the extension of water
and sewer mains from the city to the site and necessary lift stations to transport
effluent back to the city.
43. A 60 foot public road and utility right-of-way projecting along the Great Northern
Trial alignment to Tract 1 D shall be dedicated to the City of Kalispell within Block
54 to provide road and utility connections to the property immediately west. The
dedication shall be done prior to final plat of phase 2d. Final location of the right-
of-way shall be approved by the Public Works Department. Development of the
right-of-way will be required by the developer of Tract 1 D.
44. The original design report prepared by Pioneer Technical Services indicated two
wells would be installed for the subdivision which were projected to provide the
required fire flow of 1,500 gpm. Due to the presence of Manganese in Well No. 1,
Well No. 2 was the only public water supply well installed to serve the Silverbrook
subdivision. The completed Well No. 2 has a permitted pumping rate of 250 gpm
and lies approximately 2.5 miles north of any redundant supply lines. Water
modeling shall be completed to determine the water production and water right
improvements necessary to provide maximum daily demand for full build out of
Phases 1 and 2. Required improvements shall be completed at no cost to the City
of Kalispell.
Ongoing conditions:
45. All utilities shall be installed underground.
46. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
24
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PCANNIN5 FOR THE FUTURE -
Planning Department
201 lot Avenue East
Kalispell, MT 59901
Phone: (406) 75877940
Fax: (406) 758-7739
www.kalis ell.com lannin
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION
FEE ATTACHED
FEE SCHEDULE: $1,000 +. $125 / lot
Major Subdivision (6 or more lots) $1,OOD + $250/space
Mobile Home Parks & Campgrounds (C or more spaces) 400 + $125 / space
(5 or fewer spaces) $
Amended Preliminary Plat $400 base fee
Amendment to Conditions Only Base fee + $40/lot
Re -configured Proposed Lots Base fee + $125/lot
Add Additional Lots or Sublots $100 (per variance)
Subdivision Variance $1 ,Q00 + $125 /lot
Commercial and Industrial Subdivision
SUBDIVISION NAME: _
S orb
OWNER(S) OF RECORD:
Name n
(� r�I e._` Jam" Phone ` `�� C
Mailing Address a � l {J r {
City c,
�j / ! S State
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
Name & Address
C �-� d M a7.e and r Mrs971
Name & Addres
Name & Ad
LEGAL DESCRIPTION OF PROPERTY:
Property Address I
Assessor's Tract No(s) D Lot No(s)
1/4 Sec 1� Section _�—_
Township Range
GENERAL DESCRIPTION OF SUBDIVISION:
Number of Lots or Rental Spaces
—34-0 Total Acreage in Subdivision
Total Acreage in Lots S Minimurn Size of Lots or Spaces c�
Total Acreage in Streets or Roads tMaxiznum Size of Lots or Spaces '
Total Acreage in Parks, Open Spaces and/or Common Areas
1
PROPOSED USES) AND NUMBER OF ASSOCIATED LOTSISPACES:
Single Family 1 L Townhouse -7 C_. Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial �_ Industrial Planned Unit Development
Condominium Multi -Family Other
APPLICABLE ZONING DESIGNATION & DISTRICT
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS
IMPROVEMENTS TO BE PROVIDED:
Roads: Gravel Paved YN Curb Gutter Sidewalks —k—Alleys Other
Water System: Individual '�, Multipl User X_Neighborhood Public Other
Sewer System: Individual Multiple UserXNeighborhood Public Other
Other Utilities: Cable TV �'I'eiephone _._,Electric _Gas _' Other .
Solid Waste: Horne Pick U Central Storage Contract Hauler Owner Haul
Mail Delivery: Central Individual School District:
Fire Protection: Hydrants X Tank11elIr-- Recharg Fir District
Drainage System: C v 1` )"T4: C', +k , S P �' 1'1 �, Q r\ E t� h -
USED EROSION/SEDIMENTATION CONTROL:_6 ' 5+ m a �a e-t't'he n_
C-�-\ ee s (B M J� 16) are- Aro 0 use n �n a ,\ r s,ns
VARIANCES: ARE ANY VARIANCES REQUESTED? (yes/no) If yes,
please complete the information below:
SECTION OF REGULATIONS CREATING HARDSHIP:_ [Vi �
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE
WITH REGULATIONS
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE
REGULATIONS: N
2
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW:
l , Will the granting of the variance be detrimental to the public health, safety or
general welfare or injurious to other adjoining properties?
N)A
2. Will the variance cause a substantial increase in public costs?
3. Will the variance affect; in any manner, theprovisions of any adopted zoning
regulations, Master Plan or Growth Policy?
4. Are there special circumstances related to the physical characteristics of the site
(topo.graphy, shape, etc.) that create the hardship?
S. What other conditions are unique to this property that create the need for a
variEtnce?
191
Introduction and Background
This application is submitted concurrently for Planned Unit Development (PUD) modification
and Preliminary Plat approval within the City of Kalispell for Phase 2A through Phase 2D
development
The Silverbrook Estates project has been submitted for your review consists of
approximately 325 acres. The property is generally located on the west side of Highway 93,
north of the city limits of Kalispell, Montana. Phase 1 and 1A have previously been
submitted and approved. The PUD, annexation and first preliminary plat were approved in
2006.
The property was previously used for production of agricultural crops. There are currently
several buildings on the southeast corner of the site. These will be removed during
demolition and improvement installation. The property is bordered to the north by Church
Drive, to the south by agricultural land and residences, to the east by US Highway 93, and
to the west by the Stillwater River.
The applications for Planned Unit Development, and Major Subdivision Preliminary Plat
included here, contain all required information, with the "Adjoining Property Owner's List".
This application includes an "Environmental Assessment" (EA) regarding existing conditions
and anticipated effects of the proposed development on existing infrastructure and services.
This EA was previously submitted and approved in 2006. The subjects covered include
geology, surface water, vegetation, wildlife, agriculture and timber production, historical, and
archaeological or cultural features. In addition, the application addresses such items as
sewage, water, solid waste, drainage, roads, emergency services, schools, economic
benefits, land use, parks and recreation facilities, and utilities.
History of Project Planning
The Silverbrook Estates has been carefully planned with guidance and feedback from
Planning Board members, City Council members, jurisdictional agencies, and the City of
Kalispell Planning Staff.
The planning and design process began in March of 2006. The Applicant has been carefully
monitoring the City of Kalispell Growth Policy plan and its update as it applies to the project
area. Throughout the process, the recommendations of the policy have been diligently
adhered to. The Applicant then made a Pre -application presentation for Silverbrook Estates
to the Planning Board work -session on June 13, 2006. On August 7`h, the Applicant met with
the Planning Staff to discuss the project in further detail, and then presented to the City
Council work -session on August 14, 2006 once the Growth Policy was adopted. With the
comments the Applicant then revised the design to incorporate any additional comments
and concerns.
Since 2006, the applicant has developed the first phase (Phase 1 and Phase 1A) according
to the preliminary plat approved in January 2007. The project also included extending water
and sewer north along Highway 93 from Grandview Station to Silverbrook Estates. It is also
important to note that one significant item recommended in the Soils Report has been
completed as a part of the initial grading construction. This was adjusting the slopes along
the river bank located in Phase 2D.
Silverbrook Esta
Vicinity Context
Silverbrook Estates is located approximately 2.2 miles north of the existing Kalispell city
limits. The area was included within the city of Kalispell Growth Policy and annexed in 2006.
This policy is reflected in the layout of this project. Silverbrook Estates is located west of US
Highway 93 and south of Church Drive, and was formerly zoned Ag-40 within the county.
Refer to the "Vicinity Map", Exhibit A, for the location of Silverbrook Estates in relation to the
City of Kalispell and surrounding areas, and "Existing Zoning Map", Exhibit D, for the
existing zoning.
Silverbrook Estates is accessed via Church Drive and US Highway 93. The Montana
Department of Transportation has implemented various projects along Highway 93 which
the development has accommodated for.
The property is legally described as three parcels being located in the western one-half of
Section 13, Township 29 North, Range 22 West, P.M.M,, Flathead County, Montana.
Reference Appendix C for the legal description.
Silverbrook Estates 2
Summary of Proposed Development
The Silverbrook Estates Subdivision consists of a mixed -use PUD on approximately 325
acres. This new plat property features 197 Single Family residences, 90 Town Home units,
13 Neighborhood Commercial building lots, and an approximately two -acre parcel proposed
to be dedicated to the Kalispell Fire Department. The remaining area is designated for
interior roads, and common open space. Church Drive will continue to provide three primary
access locations to the proposed subdivision with one of those access points connecting
through to US Highway 93 and serving as the main arterial street (Silverbrook Drive) which
has already been constructed.
The subdivision is connected to the city water and sewer system via expansion of the
Kalispell systems along US Highway 93. Roads within the subdivision will be paved similar
to the phase 1 and 1 A development. All infrastructure will be paid for and financed by the
Master Developer.
Each Single Family residence will have a private drive and access onto a local street. The
Single Family lots will range in size from approximately one -quarter to one-third acre. The
Town Home units are planned to be configured as two attached, but separately owned
residences with a common wall. These will buffer the Single Family residences from the
Neighborhood Commercial development. Each Town Home residential lot will have a
separate drive and access onto a local street. Each Town Home lot averages approximately
4,250 square feet, with a 50-foot average width.
The Neighborhood Commercial area is located in the northeast corner of Silverbrook
Estates, at the interchange of US Highway 93 and Church Drive. Fifteen commercial lots are
proposed in this location. The businesses are to serve primarily the residents of this
development. Those types of business that will be encouraged include small boutique
businesses, coffee shops, beauty shop/day spas, video rental stores, convenience stores,
specialty retail, banking, and grocery stores.
Silverbrook Estates contains landscaped and plaza common areas, park -like and natural
ponds, and a trail system that completely encompasses the property and connects to and
links the interior open spaces. The trail system also provides access along US Highway 93.
This trail and sidewalk system ensures a safe and efficient pedestrian access to any future
development to the north (towards Whitefish) and to the south (towards Kalispell).
A parcel, located in the northwest corner of Silverbrook Estates, is proposed to be dedicated
to the City of Kalispell Fire Department. This property will have direct access onto Church
Drive and will have adequate space for the necessary expansion of daily fire and emergency
response operations and well pump facilities. With the dedication of this land to the Kaiispell
Fire Department, the Applicant can aid the city in preparing for the needs of this
development and future growth of Kalispell.
The Silverbrook Estates Subdivision, as existing and proposed, will provide a wide variety of
residential and commercial opportunities. It encourages the improvement of necessary
infrastructure, including roads and trails towards the outskirts of the current city boundaries.
In addition, it will provide a diverse selection of housing with varying price points, living
opportunities and community amenities. The addition of new, high quality residential living
units will be attractive for those seeking to move into the Kalispell area. The addition of new
commercial properties, in compliance with the proposed Growth Policy Amendment, will
Silverbrook Estates I
enhance the local economy as well as benefit from the close proximity to new and
established housing and infrastructure.
This PUD was approved in January 2007.
Silverbrook Estates
B. Environmental Assessment
The proposed Silverbrook Estates Subdivision occupies land sloping to the west toward the
Stillwater River. An unnamed existing drainage swale, which turns into a tributary, bisects
the property from the northeast to the southwest, where steeper slopes occur. This project
proposes to enhance and emphasize this drainage swale, creating gradations of park -like
pond and water features as it nears the Stillwater River. in addition to this waterway, lined
ponds are proposed for the subdivision. The 100-year floodplain and wetland areas currently
exist on -site, adjacent to the Stillwater River.
1. Geology
A topography map of the project site has been included on the "Preliminary Plat", Reference
Exhibit K for topography. The project site consists of a steady slope down to the west.
According to NRCS soils information, the majority of the site consists of 0-3 percent slopes
with pockets of seven percent slopes. As the bisecting drainage swale approaches the
Stillwater River, slopes range from 30-35 percent.
Our research for this geology study consists of collecting, summarizing and analyzing
geologic information that exists for the area encompassing and adjacent to the project site.
Hydrogeological data (well log reports) are utilized to provide insight as to the general
hydrogeology of the site and surrounding areas. Reference Appendix L.
Investigation indicates subsurface Glacial Lake deposits throughout the entire site. This
includes calcareous fine sandy silt, clayey silt, and minor clay; with thicknesses averaging
100 feet, but up to 270 feet. There are no known unusual conditions regarding installation of
water supply/sewer collection trenches, and underground electric and telephone cables.
NRCS soil maps indicate that Tally soils dominate the site, with patches of Blanchard fine
sand and Kalispell loam. Areas located along the Stillwater River, where the west property
line meets the river, show signs of slumping. To prevent further slumping, development will
remain setback from these areas of steeper Alluvial Land (Ab) soils. Reference Appendix K
for soils information.
According to the "Uniform Building Code," the Flathead Valley is located in seismic Zone 3,
which is rated as moderate to high for probability of seismic activity. Properly constructed
dwellings provide reasonable protective measures against seismic instability.
Roads or streets shown on the plat will be designed with minimum grade changes and
disturbances to the natural terrain. This can be accomplished given the gentle terrain found
throughout the project site and in the general vicinity. Where minimal cuts and fills are
necessary, design criteria will ensure a safe slope from the shoulder and provide for the
return of topsoil cover during seeding and re -vegetation.
2. Surface Water
The site is situated within the Stillwater River drainage system. The surface water follows
the topography from the northeast to the southwest. A culvert under Church Drive brings
surface water from adjacent properties on -site, draining into an unnamed main drainage
swale, turning into a tributary to the Stillwater River. While most of the on -site surface water
also flows into this drainage swale, there is an additional low area on site in the southwest
Silverbrook Estates 18
corner of the development, separate from the main drainage. All surface water on -site then
drains to the west into the Stillwater River. The main drainage Swale flows into a small
wetland area just prior to releasing into the Stillwater River. There are no known artificial
water systems on site.
A Wetland Delineation report has been completed by a wetland consultant, PBS&J. This
report indicates that two wetlands and a "wetland fringe" are located along the west portion
of this development. Wetland 1, as defined in the Wetland Delineation report in Appendix F,
consists of 4.3 acres. This wetland has a naturally occurring spring and also receives flow
from the main drainage swale mentioned above. Wetland 2 is located along the northern
most point, where the Stillwater River meets the west property line. Wetland 2 consists of
0.104 acres. The "wetland fringe", a scrublshrub area, is two acres in size and is located
along the west property line furthest to the south. Wetland mitigation may need to occur just
northeast of where Stillwater Drive crosses Wetland 1. This would be achieved with the
assistance of a wetland mitigation consultant and applicable jurisdictional agency review.
In addition, a Hydraulics Report has been prepared by a hydrology consultant, PBS&J. This
report further describes the hydraulic modeling, the floodplain and stream flow data for the
Silverbrook Estates property. This report has been provided in Appendix F.
Areas along the Stillwater River also include a 100-year floodplain. A Floodplain Report has
been included in Appendix G.
3. Vegetation
The project site has historically been used for crop production, including small grain crops.
As mentioned above, wetlands occur within the project area. Aforementioned, a Wetland
Delineation has been completed by a wetland consultant. This report indicates that Wetland
1 is a mixture of palustrine emergent marsh and scrub/shrub wetland with some shallow
open water and aquatic bed habitat included. Wetland 2 is less diverse and only supports
emergent vegetation. The "wetland fringe" is comprised primarily of shrub species.
Reference Appendix F for the Wetland Delineation. Along the Stillwater River and around
these wetlands are some coniferous tree groupings and grassy meadows. The property's
approximate peak elevation of 3,030 feet has an annual precipitation of 14 to 18 inches. The
average annual precipitation of approximately 15.70 inches was estimated from weather
station # 244558, Kalispell WSO Airport.
The existing native vegetation adjacent to the Stillwater River will be preserved in its near
entirety since development will only occur in areas historically used for agriculture.
Enhancements to the main drainage -way include creating new ponds and enlarging existing
ponds with periodic small waterfalls. Minimal existing vegetation will be removed.
Although most of the property is used for crops, it is assumed that there is the potential for
at least one or more species of noxious weeds to be present on or near the site. Control
methods for noxious weeds will be used following construction activities at the site. Most
likely, there will be chemical control throughout the site along disturbed areas. Other
mechanical methods will be used when necessary, for conditions or when recommended.
A Vegetation and Wildlife Map has been provided as Exhibit J. This map illustrates the
prime areas for wildlife group inhabitation and the major vegetative covers associated with
the Silverbrook Estates property.
Silverbrook Estates 19
4. Wildlife
The Silverbrook Estates property has been established as good wildlife habitat for birds,
waterfowl, and small mammals, including raccoons, skunks, pheasant, turkey and partridge.
This is especially true near the Stillwater River and the wetland areas on the site. The
development plan calls for protecting the key areas of wildlife habitat for these species,
while providing increased water features and vegetation for nesting and shelter. This area is
not known to generally support large numbers of big game (mountain lion, elk, moose, or
black bear), however occasionally these species are found to have visited the site. It is
understood that larger mammals are infrequent visitors. However, Whitetail Deer have been
spotted on site frequently. Evidence of bedding down has been observed. These areas are
proposed to be preserved with minimal disturbance to existing conditions. Bull Trout, an
endangered species, have been sighted in the general area. No other known protected
species inhabit the property. To minimize conflicts between residents and wildlife, individual
waste containers shall be stored within their garages. Animal -proof waste receptacles will be
provided in open spaces or park areas.
Mark Deleray, Montana Fish, Wildlife & Parks (MFWP), Fisheries Biologist, indicated a few
basic concerns regarding fisheries as it relates to stormwater runoff and warm water
situations. In regards to stormwater runoff, adding potential pollutants created by a drainage
system (comprised of curb and gutter, stormdrain inlets, culverts, retention areas, etc.) is
proposed for the development as it flows into the tributary, and eventually into the Stillwater
River. The second concern is the enlarging of water bodies within the spring -contributing
drainage -way, potentially introducing warmer waters into the Stillwater River.
Setbacks along the Stillwater River and erosion can be minimized during road construction
by utilizing Best Management Practices (BMP's). Best Management Practices utilize
controls to minimize possible contamination of surface water. By utilizing BMP's for
construction of internal roads and other infrastructure, water quality will not be compromised.
Tim Their, MFWP Wildlife Biologist, indicated additional concerns related to development
and wildlife impacts. These include the cumulative effect of reduction of small -grain fields
that currently support upland game birds and migrating waterfowl, water supply availability
and specific improvements along the Stillwater River.
With the inclusion of this parcel within the City of Kalispell Growth Policy, it is acknowledged
that growth will spread to this area, reducing the amount of properties being used to
cultivate small -grain fields. However, just north of this property there exists a 240-acre
conservation easement under small -grain agricultural production, that will continually
support wildlife. In regards to water supply for ponds, the existing natural spring will be
maintained. The shape of the pond that it collects in may, however change. Lastly, the
improvements along the Stillwater River will include trails. Minor regrading to accommodate
safe slopes will occur. To adjust these grades, BMP's will be adhered to.
5. Agriculture and Timber Production
The project site generally has a farmland classification of "prime farmland" when irrigated.
Approximately 294 acres of the overall 325 acres have produced alfalfa. Historically this site
has produced alfalfa with a yield of 4.0 to 4.4 tons per acres. Because this land has been
used for farming, it is obvious that the proposed subdivision will remove agricultural land
Silverbrook Estates 20
with existing production capacity. However, the subject property has been Included in the
Growth Policy for the City of Kalispell. Therefore, this area is intended to accommodate
future growth, and is anticipated to be annexed. This project area would not create conflicts
with nearby agricultural operations, which are currently producing alfalfa. There is currently
no limber production in the area.
Lot owners and residents of the subdivision will be informed, through the Covenants, that
adjacent land uses may be agricultural, involving agricultural and farming practices, which
can result in dust, animal odors, flies, smoke, and machinery noise (sometimes early in the
morning and late into the evenings).
6. Historical, Archaeological or Cultural Features
The Montana Historical Society and the State Historic Preservation Office were contacted
regarding historical and cultural issues for the property. The Montana Historical Society has
responded with a letter that indicates that no significant cultural resources have been found
through preliminary searches. However, Damon Murdo, Cultural Records Manager,
recommended that if any development should be planned for the Stillwater River area, that
the Applicant be careful to not impact potential significant sites. If any prehistoric cultural
material is encountered during subsurface disturbance phases of the proposed work,
construction should be suspended and a professional archeologist be notified. At this time,
no known historical, archaeological or cultural features are located in the development area.
With respect to surrounding cities, towns, developments, or homes, the proposed
subdivision is bordered by agricultural property to the south, US Highway 93 to the east, a
conservation easement to the north, and the Stillwater River to the west. Local zoning
regulations along with PUD modifications will be utilized for ultimate build -out of the
subdivision. Hence, visual impact as a result of this development is minimal with respect to
roads, adjacent developments, or any other public facilities. Roads are planned to affect the
natural terrain as little as possible with grades and alignment designed to reduce cuts and
fills. All excavated areas will be reseeded and returned to the natural vegetation. Utilities are
anticipated to be underground with boxes and structures positioned out of sight as much as
possible or designed to fit into the character of the land.
7. Sewage
The developer will extend a city sanitary sewer mainline to the project area along US
Highway 93. The proposed City of Kalispell sanitary sewer extension location, diameter and
capacity are being determined in a Preliminary Engineering Report currently being prepared
by the Civil Engineering consultant. The gravity collection main size, lift station capacity and
force main are being sized based upon the contributing basin population projections for a
20-year planning horizon, as required by the City of Kalispell and MDEQ. The preliminary
engineering design will be reviewed by the City of Kalispell, MDEQ and MDOT.
The Applicant will work with the Kalispell Public Works personnel in the design and location
of all sanitary sewer lines including possible improvements of existing sewer lines at those
points of connection, Morrison Maierle and HDR Engineering are currently working on
design of City of Kalispell's wastewater treatment plant, Phase I expansion project.
Silverbrook Estates 91
All sanitary mainlines within the development will follow road systems or utility easements,
and would be owned and maintained by the City of Kalispell. The design and construction
will be the Master Developer's responsibility.
The Applicant anticipates two lift stations will be required for this development. Locations are
undetermined at this time. The Applicant intends to provide sewer mains with gravity flow
within the development, ultimately to lift stations as required.
The layout for Silverbrook Estates Subdivision represents approximately 586 residential lots,
consisting of one -quarter to one-half acres in size, with an abundance of open space.
According to the 2000 Census, Flathead County data reflects approximately 2.48 people per
dwelling unit. Using 100 gpd/person for wastewater generation, this corresponds to 248
gpd/dwelling unit. Ultimately, Silverbrook Estates may generate 145,328 gpd (586 dwelling
units x 248 gpd/dwelling unit). The flow estimation will be defined by MDEQ requirements.
The commercial area will consist of 12 buildings. Since there is a projected build -out over
the next few years, specific lot uses are unknown and water demand is difficult to predict.
For planning purposes, the Applicant anticipates a conservative generation per building lot
to be 500 gpd. The anticipated demand at full occupancy is approximately 6,000 gpd for the
commercial lots ((500 gpd/lot) x (12 lots) = 6,000 gpd).
The anticipated demand at full occupancy for Silverbrook Estates is approximately 151,328
gpd for this PUD (145,328 gpd + 6,000 gpd). This number will ultimately be defined by
MDEQ requirements.
Currently, the Applicant is planning for two phases for the proposed Silverbrook Estates
Subdivision. This would reflect 285 residential lots for Phase 1 to be constructed summer of
2007. The summer of 2010 is the estimated completion for Phase 2 and includes 301
residential units.
No industrial wastewater is planned as part of this development.
Moore Engineering has prepared a Preliminary Engineering Report that presents and
clarifies issues regarding site drainage and proposed sewer facilities. This report has been
provided as Appendix H.
8. Water
City water mains are also proposed to be extended to the project area along US Highway
93, at the Master Developer's expense. The Applicant is working with the Kalispell Public
Works Personnel in the design and location of all city water and fire -protection needs. The
proposed water main extension location and diameter is being determined in a Preliminary
Engineering Report, which is currently being prepared. The water line diameter is being
sized based upon the contributing basin population projections for a 20-year planning
horizon, as required by Kalispell and Montana Department of Environmental Quality
(MDEQ). The preliminary engineering design will be reviewed by the City of Kalispell, MDEQ
and MDOT.
The Applicant is proposing a new well and pump house within this development for the
purpose of supplementing the city water system and satisfying water looping requirements.
Silverbrook Estates 22
The Subdivision will then connect into this City water main extension. Within the
development, the water mainlines will also generally follow the road systems and will be
designed to meet City of Kalispell standards. The design and construction of all water mains
will the developer's responsibility. However, all water mainlines extending to the
development and then within the development will be owned and maintained by the City of
Kalispell.
The consumptive water demand is consistent with the anticipated wastewater generation.
The Applicant also has water rights from the Stillwater River for 12,000 gpm from an
existing pump previously used for irrigating cropland. This will be used for irrigating
open space, parks and common areas. These water rights and source will also be
used to fill and replenish the ponds and water features within the Subdivision.
Ground water well logs have been provided for the area and are located in Appendix
L.
9. Solid Waste
Solid waste collection may be serviced initially by a private hauler and then eventually by
city Public Works, with disposal in the Flathead County Solid Waste Facility. Evergreen, a
private hauler, has been contacted and the Applicant is awaiting responses. However, solid
waste disposal will meet the requirements of the Department of Environmental Quality.
Residential solid waste is anticipated to be collected from individual containers located at
the street of each residence. With the exception of collection days, the individual containers
shall be stored out of view. Commercial solid waste is anticipated to be collected at central
trash container areas within the Neighborhood Commercial area, with individual containers
placed near the lot, but within the district parking areas.
10. Drainage
A drainage system comprised of curb and gutter, bridges, storm drain inlets, and culverts is
proposed for the internal roads. All roads within the subdivision will be paved. Drainage
facilities will be designed and installed to accommodate a two-year storm event in
accordance with standard stormwater mitigation processes. The system will also be sized to
allow for a 100-year event in accordance with Montana Department of Transportation
standards. A detailed storm drainage plan will be submitted for review and approval to City
of Kalispell_ Runoff will be determined using current regulation for precipitation / frequency
values.
Roads or streets will be shown on the plat and will be designed with minimum grade
changes and disturbances to the natural terrain. This is due to the gentle terrain found
throughout the construction area. Where minimal cuts and fills are necessary, design criteria
will ensure a safe slope from the shoulder and return a topsoil cover for seeding and re -
vegetation.
The existing drainage system within open areas will remain intact with grading kept to a
minimum, maintaining existing drainage patterns. The main drainage swale will be
enhanced, creating areas of naturalized pooling water and small water falls. Some pond -
lined water features, not directly connected to the main drainage Swale, may act as
Silverbrook Estates 23
detention facilities. The difference between pre -development and post -development storm
water volume shall be used for on -site detention basin design.
Erosion control can be minimized during road construction by utilizing Best Management
Practices (BMP's). Best Management Practices use controls to reduce possible
contamination of surface water. Erosion control plans will be designed and reviewed in
accordance with MDEQ requirements.
Moore Engineering has prepared a Preliminary Engineering Report that presents and
clarifies issues regarding site drainage and proposed sewer facilities. This report has been
provided as Appendix H.
11. Roads
This subdivision will inherently generate more traffic along Church Drive. Montana
Department of Transportation (MDOT) is currently redesigning the intersection of Church
Drive and US Highway 93, as well as the 750 linear feet west from the interchange along the
project site. The Applicant has been in contact with MDOT for coordinating with our
proposed project. Silverbrook Estates' Master Developer intends to annex the property and
half of the SO -foot right-of-way of Church Drive along the property. The Master Developer
plans to finance the design and construction of the rest of Church Drive west of the 750 foot
extension to the intersection of Church Drive and Prairie View Road, to county standards.
It is proposed that lots within the subdivision shall not have direct access onto an existing
arterial road. The lots will have access directly off of the proposed interior roads. No access
will be required across private property in residential areas. The commercial area is currently
being evaluated for these issues. The Montana Department of Transportation (MDOT) has
indicated they will grant access onto US Highway 93 as shown on the plan, with approach
permits being obtained following Preliminary Plat approval.
The road system network throughout Silverbrook Estates will meet or exceed the City of
Kalispell standards, with minor modifications. The design and construction of the road
system will be financed by the Master Developer. The road system will eventually be
dedicated to the City. Future maintenance of these streets will be the responsibility of the
City.
A "Preliminary Traffic Impact Study" has been prepared to specifically evaluate existing and
proposed daily traffic needs adjacent and within the development. Reference Appendix I
for the "Preliminary Traffic Impact Study."
12. Emergency Services
Upon annexation, the project site will be serviced by the Kalispell Fire Department. Randy
Brodehl has been contacted about serving this development. To accommodate future
growth of the area, an approximately 2.5 acre parcel will be dedicated to the City of Kalispell
Fire. This parcel is conveniently located along Church Rd on the west end for quick and
safe access. The Fire Department plans to use this parcel for a well site and fire station.
Until the fire station parcel is operational, the phasing and timing of this project will be
closely coordinated to ensure proper response time and available personnel are available.
Response to the site is dependent on several factors, including, but not limited to the
Silverbrook Estates 24
distance from the scene, weather, road conditions, and availability. As a component of this
development, the Applicant will extend city water services to the project area. Fire hydrants
are proposed to connect into this service as well as commercial areas will be required to
install fire suppression sprinkler systems. The pressure required to operate, and the
locations of these systems will be adequate and will meet all required local, state and
federal requirements.
The Applicant received a response letter from the Kalispell Police Department and is
currently working with the Kalispell Police Department to discuss law enforcement concerns.
Ambulance and EMS service will be provided by the City of Kalispell Fire Department.
Medical services will be provided by the Kalispell Regional Medical Center, which is located
five miles from the project site.
13. Schools
Kalispell Public Schools has been contacted about their capacity, facilities, personnel, and
bus routes, to accommodate the increase in students that may attend the schools from
Silverbrook Estates. On September 20, 2006, discussions with Superintendent Darlene
Schottle identified potential strategies to lessen the impact of providing service to these
additional attendees. With the new high school located at West Reserve and Stillwater, her
concerns basically involved elementary age children, primarily kindergarten and first grade.
Instead of adding to an existing facility, one creative idea discussed is to potentially provide
an area within the development for a 2,500 to 3,000 square foot facility (2-3 classrooms),
similar to a preschool, where teachers could conduct satellite classes. This was one of many
ideas discussed. The Applicant will continue discussions with the School District. Darlene
did indicate whether or not the School District 95 will be able to accommodate the projected
300 additional attendees. This number is estimated by using 0.5 students per residence.
14. Economic Benefits
The expertise of an economic consultant was retained for evaluating the economic benefits
and impacts of the Silverbrook Estates Subdivision. Dr. Ann L. Adair, Senior Economist,
from the MSU Center for Applied Economic Research evaluated the commercial impact and
the residential market. Reference this document in Appendix J.
The present tax classification and designation for the subject property is "agricultural rural"
with a tillable, grazing designation and one -acre farm site improvements. The change of
classification to residential urban and commercial urban will greatly elevate the tax potential.
The property of Silverbrook Estates in 2005 generated approximately $12,000 in general
taxes. The current general tax generation under the existing classification will be provided
as well as the anticipated general tax potential for the fully developed subdivision. There are
no foreseen economic disadvantages to the community that will be caused by this
development.
15. Land Use
The current and historical use of this land is agricultural. As in compliance with the proposed
Growth Policy Amendment, this development is proposing various single family residential,
multi -family, and commercial land uses and concurrently seeking annexation as a part of
this application.
Silverbrook Estates 25
The adjacent land uses include a 240-acre conservation easement, agricultural, and arena
(north), US Highway 93 (east), Stillwater river and farmstead (west), and agricultural
residence (south). Access for these adjacent land uses is simplified with the proposed
development. This project is maintaining no access connections to the west. However land
uses to the west and north will benefit from since the Applicant proposes to make
improvements along Church Drive, from US Highway 93 along the project site, and
extending approximately one mile to the intersection of Church Drive and Prairie View Road.
City of Kalispell collector road widths are proposed to be installed for Church Drive. The
overall design of Silverbrook Estates allows for future connection to the southern property,
which is currently under agricultural residential designation. However, discussions with that
property owner indicates it is currently under subdivision redevelopment.
Lot owners and residents of the subdivision will be informed through the Covenants, that
adjacent uses may be agricultural, involving standard agricultural and farming practices,
which can result to dust, animal odors, flies, smoke, and machinery noise (sometimes early
in the morning and late into the evening).
By following the guidance of the Kalispell Growth Policy, the community needs are being
served. The commercial area is located for easy access at the newly redesigned intersection
of US Highway 93 and Church Drive. The residential town home then buffers the
commercial from the single-family residential. There are currently no existing developments
of this nature in the area. There are no known health or safety hazards on or near the
subdivision, nor any nuisances being created by the proposed development.
16. Parks and Recreation Facilities
The open space within the development is proposed for passive activities. It will be
accessible for use by members of Silverbrook Estates and residents of the City of Kalispell.
Areas adjacent to US Highway 93, the main drainage way, the Stillwater River area, and
pocket -parks within residential areas will serve as recreation areas. A corridor along US
Highway 93 has been proposed, which would include berming, water -features, landscaping,
and a pedestrian/bike path to provide recreation and access for the Kalispell community as
well as Subdivision residents. This pathway will have a loop, to bring users from the highway
corridor, through the community, and along the main drainage way.
The meandering main drainage way, with enhanced water features, spans the entire
Subdivision and will serve as the main recreation corridor. Moving from east to west, the
character of this corridor will transition from a manicured pastoral park to a natural park.
Pedestrian pathways serving subdivision residents will provide access to two pocket parks,
located within residential areas.
Silverbrook Estates is proposed to have all open space to be designed and installed, at the
expense of the Master Developer, and maintained by Property Owners Association as
mentioned in the "Common Area Management plan." Reference Exhibit C: Land Use Map
for open space area locations.
17. Utilities
Utility companies have been contacted concerning providing service to the Subdivision.
Flathead Electric Cooperative is anticipated to provide both gas and electric service in
accordance with applicable Montana Public Service Commission rules and regulations.
Silverbrook Estates 26
Telephone service will be furnished by Century Tele. Carle will be provided by Bresnan
Communications. The proposed location of utilities will be coordinated with the respective
utility companies. It is the Applicant's intent that all of these utilities be located underground
where feasible and within rights -of -ways or easements. Installation completion date for each
has been discussed in the phasing discussion. All appropriate utility easements will be
provided along lot lines and roads in accordance with City of Kalispell subdivision design
requirements. All proposed easements will be clearly delineated on the plat.
Silverbrook Estates
C. Development Phasing
Silverbrook Estates consists of two distinct, independent Preliminary Plats, which each
contain one phase for infrastructure and improvement development. The Silverbrook
Estates PUD and Subdivision was submitted in this manner to allow the Applicant to install
infrastructure and improvements within a schedule that met the needs of construction timing,
marketing plans and projected absorption of lots. Preliminary plat one has been approved
and implemented.
Each plat has been designed to function independently of the other, standing alone in
infrastructure, utilities, site amenities, parks and open space, and circulation routes for cars
and pedestrians. However, when the entire PUD is implemented, including both plats, the
seamless eventual build -out and layout will facilitate connectivity of infrastructure, utilities,
vehicular thoroughfares and pedestrian linkages. Reference Exhibit I for the "Development
Phasing Plan." Preliminary Plat 1 has been approved and implemented. This submittal
includes Phases 2A, 213, 2C, and 2D. This is illustrated on the Preliminary Plat maps,
provided as Exhibit K of this submittal.
The Preliminary Plats will be developed and finalized according to the following tentative
schedule:
Table 1: Development Phasing
PRELIM
APPROVAL
INITIATE
COMPLETE
1 LOTS
FULL
PLAT
ANTICIPATED
IMPROVEMENTS
IMPROVEMENTS
SOLD
BUILD
OUT
1
12/2006
SPI2007
SU12008
W112008
NOT
KNOWN
2
SP12009
FALL/2009
SU12012
FALL12010
NOT
KNOWN
The following table describes the breakdown of the timing of the development of certain land
uses within the two Preliminary Plats.
Table 2: Preliminary Plat and Land Use Comparison
LAND USE
PRELIM PLAT 1
PRELIM PLAT 2
Single Family 114 acre
Complete
80
Single Famil 113 acre
Complete
96
Single Famil 112 acre
Complete
21
Town Home
0
90
Neighborhood
Commercial
0
13
Parking Lots
0
6
TOTAL
Complete
306
Silverbrook Estates
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LAANDWORKS
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
DECMEBER 8, 2015
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and
CALL
Zoning Commission was called to order at 7:00 p.m. Board
members present were: Chad Graham, Charles Pesola, Matt
Regier, Rory Young, Steve Lorch, and Karlene Osorio-Khor.
Doug Kauffman was absent. Jarod Nygren represented the
Kalispell Planning Department.
MOMENT OF SILENCE TO
HONOR THE 14 AMERICAN
VICTIMS OF THE SAN
BERNARDINO, CALIFORNIA
SHOOTING
APPROVAL OF MINUTES
Regier moved and Lorch seconded a motion to approve the
minutes of the October 13, 2015 meeting of the Kalispell City
Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
None.
SILVERMONT PROPERTIES
Silvermont Properties LP, is requesting preliminary plat approval
LP — SILVERBROOK
for Phase 2 of Silverbrook Estates Development. Phase 2 was
ESTATES PHASE 2
previously preliminary platted in March 2009; however the
PRELIMINARY PLAT
preliminary plat for Phase 2 will be expiring in March, 2016,
necessitating the need for re -approval. Phase 2 includes
approximately 167 acres which constitutes the remaining acreage
north of the 325 acre Silverbrook Estates Development. The major
subdivision would create 197 single-family lots, 90 townhouse lots
and 18 commercial lots. Phase 2 lies at the southwest corner of the
intersection of Highway 93 North and Church Drive.
STAFF REPORT — KPP-15-04
Jarod Nygren, representing the Kalispell Planning Department
reviewed Staff Report KPP15-04 for the board.
Nygren noted Silverbrook Estates Phase 2 is part of the 325 acre
PUD known as Silverbrook Estates. Phase 1 and Phase IA
received final plat approval in 2008 & 2009, and Phase 2 was
previously platted in March 2009. However the preliminary plat
of Phase 2 will expire in March of 2016, and has exhausted its
ability to be extended. The owner has now submitted a new
preliminary plat for Phase 2. The application submitted is the same
as submitted in 2009, and includes 167 acres, with 197 single-
family lots, 90 townhouse lots and 18 commercial lots (13 for
building and 5 for parking).
Kalispell City Planning Board
Minutes of the meeting of October 13, 2015
Pagel
Nygren reviewed the surrounding zoning and land uses for the
board. The Growth Policy map designates the site as being within
three different land use categories, neighborhood commercial;
high density residential; and suburban residential. The land use
designations were put in place to match the proposed uses when
the property was annexed into the City and therefore comply with
the land uses and policies contained in the growth policy.
Nygren reviewed the preliminary plat of Silverbrook Phase 2 and
said there have been a few changes, noted in the conditions of
approval, which includes a future connection to the tract of land to
the west and a park connecting the townhouse use to the
commercial use along the highway. He also reviewed the phasing
plan for the remainder of the subdivision.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KPP15-04 as findings of
fact and recommend to the Kalispell City Council that Phase 2 of
Silverbrook Estates be approved subject to the 46 conditions listed
in the staff report.
BOARD DISCUSSION Osorio-Khor asked for clarification on the location of the park area
that is proposed in the commercial part of the subdivision. Nygren
said additional parkland is required that would provide a
connection into the commercial area to the north of the townhouse
area. Nygren explained further.
Graham asked about condition 912 regarding the private irrigation
water mains placed within the 10 foot utility easement and
Howard Mann explained there is a well house in the northeast
section that irrigates the entire subdivision and the main lines run
down Silverbrook Drive. This condition is addressing the
irrigation of the trees along the boulevard strips, which are in the
city right-of-way but our maintained by the HOA.
Graham noted the conditions address the waiver of protest for an
SID for Church Drive and he asked if Church Drive is a city street.
Nygren determined that Church Drive is owned by the developer
and the southern half would be dedicated to the city and that the
City Attorney thought it was appropriate to leave that condition in
the staff report.
Graham said Condition 934 requires that a note be placed on the
final plat that states `Be aware that an existing arena and race
track are located to the north of the subdivision. Noise generated
by the arena and race track may be heard from your property."
Graham asked whether this is something the city should be
addressing? Nygren said the note on the plat would notify
potential owners of the noise that could be generated. Graham said
these are seasonal activities and when the developer is trying to
Kalispell City Planning Board
Minutes of the meeting of October 13, 2015
Page12
market these properties in the winter how would a potential buyer
gauge how much noise would be generated. Osorio-Khor added
perhaps the placement of the note on the plat would protect the
developers because we live in such a litigious society someone
could buy the house then say that they were not told about the
noise issue. Nygren noted it is on the plat for informational
purposes and is not a requirement, as is the note for the
agricultural purposes.
Graham mentioned a quotation mark was missing on condition
#29 and Nygren said it belongs at the end of the condition, after
the word doors."
Lorch asked for clarification on condition#6 that requires a zone
change for lots 33 — 40 from R-4 to R-2 and he asked if this is a
change from the original submittal for Phase 2. Nygren said those
lots were originally planned as townhouse lots and the developer
wanted the option to make them single-family to mesh with the
rest of the development in this phase. Nygren added this change
along with the additional park requirement noted previously were
considered minor and were approved by the site review
committee.
Graham asked if condition #29, which is the recommendation of
incorporating acoustical architectural measures for houses facing
the highway, was part of the original submittal of this phase and
Nygren said yes, it was a recommendation by MDT. Graham
asked if the intent is to recommend these measures and Nygren
said no, it is a condition and would be required, however if the
board feels the change of the word should to shall is warranted, it
can be amended. Graham said he doesn't think it should be a
condition but decided on by the developer or owner before
construction.
PUBLIC HEARING I President Graham opened the public hearing.
Howard Mann stated that they would prefer condition 929 be a
recommendation not a requirement, but up to the individual
homeowner who builds on those lots.
Graham asked Mr. Mann about condition 934 that mentions the
noise from the arena and race track and if the developers wanted
this condition to inform potential buyers. Marvin Galts said in
reference to condition 934 he sees it as a notification to the
purchaser so at least if it is there they have been made aware of it.
Graham asked if Mr. Galts would see that as a benefit to them and
Galts said yes.
Osorio-Khor asked if there was an additional road added to the
west and Mann said no, this is the original PUD and preliminary
Kalispell City Planning Board
Minutes of the meeting of October 13, 2015
Page13
plat. Nygren said there is a provision for a connecting frontage
road to the west if that tract were to be developed, recommended
by the Public Works Department. Nygren said the easement would
be dedicated to the city and there could be a potential for a loss of
two lots if the connector is required in the final design.
MOTION
Regier moved and Young seconded a motion to adopt staff report
KPP15-04 as findings of fact and recommend to the Kalispell City
Council that Phase 2 of Silverbrook Estates be approved subject to
the 46 conditions listed in the staff report.
BOARD DISCUSSION
Young informed the board that notes on the final plat are no longer
being accepted by the County Clerk & Recorder and they may find
that they cannot record the plat with the notes included. Young
said they can, however, be included as conditions of approval in
the staff report. Young agreed that the notes protect the developer
to a certain extent.
Graham questioned the need for the note under condition 929 if it
is just a suggestion and Young said this is a pass through
suggestion from MDT that there should be some soundproofing on
the walls that face the highway. He added it would then be up to
the developer to decide whether they pass that on to the lot
owners. Young said even if it was changed to shall there probably
isn't an ordinance that would require it.
Pesola asked if there is another mechanism in which the MDT
recommendation could be passed on, without including it as a note
or into the conditions. Nygren suggested adding those items into
the covenants.
Lorch said he hadn't heard that the County Clerk & Recorder is
resisting the placing of notes on the plats because there isn't a
clean way to pass this information onto the potential buyers and be
sure the conditions stay with the plat.
Eric Mulcahy, Sands Surveying said two sessions ago the
Legislature changed the rules for how surveyors and engineers
prepare and file flats. It came about because every county in the
state was doing it differently and some were essentially putting a
book on the face of the plat. The surveyors said what they are
certifying and putting on the plats is essentially the description of
the piece of property where the boundaries are being amended, not
certifying that the roofing materials on a house are fire resistant,
for example. Mulcahy said the compromise would be that an
addendum would be attached to the back of the plat, a separate
sheet, that would then get filed. Mulcahy added Flathead County
has not yet changed what can be on the plats.
Mann noted condition 929 was recommended by MDT before they
Kalispell City Planning Board
Minutes of the meeting of October 13, 2015
Page14
saw the extent of the berms and pathways along the highway
which has alleviated a majority of the highway noise. Mann
doesn't feel there is even an issue anymore.
MOTION — AMEND
Lorch moved and Osorio-Khor seconded a motion to amend
CONDITION # 29
condition 929 to read, " The following note shall be placed on the
final plat: Builders of homes on Lots 357-363 of Block 31 and lots
305 and 334 of Block 29 should consider incorporating .........
(The remainder of the condition wording would not be changed).
BOARD DISCUSSION
Lorch noted that would allow them to be standing out on their site
and determine whether the amount of noise would warrant using
the measures.
Young agreed with the change.
ROLL CALL
The motion passed unanimously on a roll call vote.
BOARD DISCUSSION
Graham asked if condition 922, which requires Silverbrook
Estates to add the 9 recommendations from MT Fish, Wildlife and
Parks regarding minimizing wildlife attractants such as garbage,
fruit trees and bird feeders, is also part of the original plat. Nygren
said yes. Graham noted he didn't think the city should dictate to
the HOA what should be included in their covenants.
Discussion was held regarding the existing covenants for the
subdivision and whether or not these suggestions are currently in
place for the first phases of the subdivision. Osorio-Khor did not
think the recommendations were onerous.
MOTION — DELETE
Graham moved and Pesola seconded a motion to delete Condition
CONDITION #22
922.
BOARD DISCUSSION
Pesola suggested these recommendations could be posted on a
public bulletin board in their open space and there are other ways
the community can be made aware of them. He also has a hard
time requiring that the covenants be changed to add them. Lorch
said they won't have to change their covenants if this was an
original condition of Phase 2. Mann said they already comply
with these recommendations in Silverbrook, as far as he is aware.
Young noted that the city's regulations state that the planning staff
is required to consult with any entity that they feel appropriate.
The planning board, in making the decision, should consider the
effects on the natural environment and on wildlife and wildlife
habitat. Young said that is what we are mandated to do and if MT
Fish, Wildlife and Parks, as a governing agency, have suggested
that this is what is imputed he would say an appropriate place for
these recommendations would be in the covenants. Nygren noted
they could also amend the covenants for the first phases, if they
Kalispell City Planning Board
Minutes of the meeting of October 13, 2015
Page15
are not already included, so it would cover the entire subdivision.
Osorio-Khor agreed that Young has made a sound point, although
she understands Graham's point -of -view. In this case she said she
would not be in support of the motion to delete condition 922. She
added the developer should receive copies of any letters received
from any government entity that pertains to their subdivision.
Mann noted they are in the process of reviewing their CCR's and
they could incorporate the recommendations when they receive a
copy of the letter from MT Fish, Wildlife and Parks with the 9
recommendations listed.
Lorch said the recommendations could be added to the CCR's or
on the final plat or as an addendum that would be attached to the
final plat; however he agrees that the CCR's is the appropriate
place.
Regier said there are things in the CCR's that fall under the city's
jurisdiction such as signage or height but paint color and
birdfeeders are not within the city's jurisdiction.
Further discussion was held.
ROLL CALL
The motion failed on a roll call vote of 3 in favor and 3 opposed.
MOTION — DELETE
Graham moved and Pesola seconded a motion to delete Condition
CONDITION #32
932, which states: "The following note shall be placed on the final
plat: Property owner(s) shall waive their right to protest the
creation of a special improvement district for sanitary sewer
upgrades which will serve the subdivision."
BOARD DISCUSSION
Graham said this condition was removed from a previous
subdivision — Beehive Homes — because the city collects impact
fees that are used to pay for the west side interceptor. The city
council was clear in there discussion that if the fees were
insufficient through impact fee collection the cost would fall back
on rates. Further discussion was held.
Young stated he felt removing condition 932 should be a decision
by the city council and not a board recommendation. Young added
if the city council removes this condition the council should
instruct the planning staff not to include conditions such as this in
the future.
Osorio-Khor agreed this should be a council decision.
Pesola stated he doesn't like waivers either and thought it would
not be difficult to contact citizens in the future if upgrades needed
to be made. Young suggested that if the EPA changed the rules
Kalispell City Planning Board
Minutes of the meeting of October 13, 2015
Page16
and you have a waiver it gets applied equally to everyone, and the
property owners would be aware that it is a possibility in the
future.
Graham agreed this should be a decision made by the city council.
Lorch suggested that the board perhaps obtain additional
information on waivers to better understand the issues.
ROLL CALL
The motion failed on a roll call vote of 2 in favor and 4 opposed.
ORIGINAL ROLL CALL
The original motion, as amended, passed unanimously on a roll
call vote.
OWL CORPORATION — OWL
Owl Corporation is requesting a preliminary plat approval for a 3-
VIEW PRELINHANRY PLAT
lot major subdivision of 4.082 acres within West View Estates.
The land use of the three lots has not been determined at this time.
Owl Corporation is requesting to utilize all municipal public
services including water, sewer, police and fire services. The
subject property to be subdivided is located along an unnamed
street, approximately 130 feet west of Taelor Road and north of
Old Reserve Drive.
STAFF REPORT KPP15-03
Jarod Nygren, representing the Kalispell Planning Department
reviewed staff report KPP 15-03 for the board.
Staff noted some corrections to the staff report conditions of
approval which included changing the language from "prior to
building permit issuance" to "prior to final plat" on Page 6 and
moving and renumbering some of the conditions.
Nygren reviewed the proposed subdivision location and the zoning
of the subdivision and the surrounding area. The growth policy
designates the property as high density residential which
anticipates condominiums, apartments and low intensity
commercial land uses. The preliminary plat is consistent with the
subdivision regulations, the zoning and growth policy.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KPP15-03 as findings of
fact and recommend to the Kalispell City Council that the
preliminary plat of Owl View Subdivision be approved subject to
the 17 conditions as amended.
BOARD DISCUSSION
Young noted the board has reviewed this property before and
Nygren said in 2013 there was a zone change submitted for this
property which resulted in the current RA-2 and R-3 zoning which
was less intensive than their requested RA-3 and R-5 zoning.
Lorch noted the board also reviewed the Owl View Townhomes in
this area, where infrastructure is currently being built.
Kalispell City Planning Board
Minutes of the meeting of October 13, 2015
Page17
PUBLIC HEARING
Eric Mulcahy, Sands Surveying, 2 Village Loop, Kalispell
reviewed the staff report and indicated the developer is
comfortable with the recommended conditions, with the noted
amendments. Mulcahy noted the owner Mark Owens, owner of the
Owl View property is also present, should the board have any
questions.
MOTION
Lorch moved and Young seconded a motion to adopt staff report
KPP 15-03 as findings of fact and recommend to the Kalispell City
Council that the preliminary plat of Owl View Subdivision be
approved subject to the 17 conditions listed in the staff report, as
amended.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS:
Nygren updated the board on the casinos text amendment approval
by city council. He said the outcome is that casinos are permitted
only in the B-5 zones, with the 600 foot minimum spacing
requirement.
NEW BUSINESS:
Nygren noted currently the only agenda item scheduled for the
January meeting which is a request for a conditional use permit to
operate the "Assist Center" which would be a transitional facility
for people leaving the hospital but not quite yet ready to go home.
The center would be located at 1280 Burns Way.
ADJOURNMENT
The meeting adjourned at approximately 8:30 p.m.
WORK SESSION:
No work session was held.
NEXT MEETING
The next regular planning board meeting is scheduled for January
12, 2016 beginning at 7:00 p.m. and located in the Kalispell City
Council Chambers, 201 1st Avenue East, Kalispell.
Chad Graham
President
APPROVED as submitted/corrected: / /16
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of October 13, 2015
Page18
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14 2009
KALISPELL PLANNING DEPARTMENT
Sean Conrad
City of Kalispell Planning Department
201 15t Avenue East
Kalispell, MT 59901
Dear Mr. Conrad,
490 N. Meridian Road
Kalispell, MT 59901
(406) 752-5501
FAX (406) 257-0349
January 12, 2008
REF: JV001-09
Thank you for the opportunity to comment on the preliminary plat for Phase 2 of
Silverbrook Estates along the Stillwater River near Church Drive. We appreciate
the developer adopting our recommendations in Phase 1, and suggest similar but
slightly modified setback recommendations for Phase 2 as follows:
A minimum 200-foot building setback with at least the first 100 feet
adjacent to the Stillwater River in protected natural vegetation. In our
comments on Phase 1 we suggested 75 feet adjacent to the Stillwater
River in protected natural vegetation. However, in review, a 100-foot
natural vegetation buffer is much more serviceable for streambank
protection, large mammal movement, small mammal dens and foraging,
and bird nesting and foraging.
Also, as in our comments regarding Phase 1, the proposed development
should include a sizable homeowners' or public park along the Stillwater
River and associated wetlands.
In addition, to reduce the potential for human/bear, human/mountain lion,
human/deer, and other human/wildlife conflicts associated with development,
Montana FWP prints several brochures that can be helpful in preventing/reducing
human/wildlife conflicts. These brochures include such titles as Living With Black
Bears, Living With Grizzlies, Why Is This Bear In My Backyard, Living With
Mountain Lions, Living With Deer, Living With Skunks, Living With Raccoons,
Living With Woodpeckers, Living With Bats, Putting Out the Unwelcome Mat, and
Living With Dogs & Cats. Montana FWP encourages developers or
homeowners' associations to provide copies of the above brochures to all new
property owners.
The following conditions are recommended to minimize problems that future
homeowners could have with wildlife, as well as helping those individuals protect
themselves, their property, and the wildlife.
a) Homeowners must be aware of the potential for vegetation damage by
wildlife, particularly from deer feeding on lawns, gardens, flowers,
ornamental shrubs, and trees in this subdivision. Homeowners should be
prepared to take the responsibility to plant nonpalatable vegetation or
protect their vegetation (fencing, netting, repellents) in order to avoid
problems. Landscape plantings of certain species of native vegetation are
less likely to suffer damage by deer.
b) Fruit -producing trees and shrubs should not be allowed because they
attract bears. If present they must be fenced with electric fencing to deter
bears. Keep produce and any fruit picked and off the ground. Ripe or
rotting fruit or vegetable material attracts bears, deer, skunks, and other
wildlife. To help keep wildlife such as deer out of gardens, fences should
be 8 feet or taller or electric fences utilized.
c) Garbage must be stored either in secure, bear -resistant containers or
indoors (or both) to avoid attracting wildlife such as bears. If stored
indoors, garbage cans may not be set out until the morning of garbage
pickup and must be brought in no later than that same evening. If home
sites are occupied seasonally or if the occupants are to be away from the
household for 7 days or more, garbage from the home, other buildings, or
containers must be removed from the property prior to their departure.
d) Do not feed wildlife or offer supplements (such as salt or mineral blocks),
attractants, or bait for deer or other wildlife. Feeding wildlife results in
unnatural concentrations of animals that can lead to overuse of
vegetation, disease transmission, and other adverse effects to wildlife
(such as foundering of deer). Such actions unnecessarily accustom wild
animals to humans, which can be dangerous for both. It is against state
law (MCA 87-3-130) to purposely or knowingly attract bears with
supplemental food attractants (any food, garbage, or other attractant for
game animals) or to provide supplemental feed attractants in a manner
that results in "an artificial concentration of game animals that may
potentially contribute to the transmission of disease or that constitutes a
threat to public safety." Also, homeowners must be aware that deer might
attract mountain lions to the area.
e) Birdseed is an attractant to bears and deer. Use of bird feeders is not
recommended from April 1 through November 30. If used, bird feeders
must: a) be suspended a minimum of 10 feet above ground level
(measured from bottom of catch plate), b) be at least 4 feet from any
support poles or points, and c) be designed with a catch plate located
below the feeder and fixed such that it collects the seed knocked off the
feeder by feeding birds. Hummingbird feeders will follow the same
criteria.
2
f) Pet food must be stored indoors, in closed sheds, or in bear -resistant
containers in order to avoid attracting wildlife such as bears, mountain
lions, skunks, and other wildlife. When feeding pets, do not leave food out
overnight.
g) Barbecue grills must be stored indoors, and permanent outdoor barbecue
grills shall not be allowed in this subdivision. Keep all portions of the
barbecues routinely clean. Food spills and smells on and near the grill
attract bears and other wildlife.
h) Compost piles and beehives can attract bears and must be fenced with
electric fencing to prevent access to them or not allowed in the
subdivision.
i) Domestic animals such as horses, cattle, pigs, sheep, goats, llama,
poultry, etc. (including those kept as 4H projects), can attract bears,
mountain lions, and coyotes. Animals must be housed with this in mind
and livestock feeds, especially grain related, must be fed in a manner that
does not allow deer or bears to have access to them.
Since
Mark ❑eleray
Fisheries Biologist
John Vore
Wildlife Biologist
3