Staff Report/Annexation, Zoning, Preliminary PlatCity of Kalispell
Planning Department
17 - 2"d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751--1850
Fax. (406) 7 51-1 S 5 S
Wehsite: kalispellplanning. com
REPORT TO: Kalispell Mayor and city Council
FROBE, Sean Conrad, Senior Planner
James H. Patrick, City Manager
SUBJECT. Ashley Heights LLC -- ann.exation and initial zoning of R-2, Single
Family Residential, and preliminary plat request for Ashley
Heights subdivision
MEETING DATE: August 6, 2007
BACKGROUND: The Kalispell city Planning Board met on July 10, 2007 and held a
public hearing to consider a request by Ashley Heights LLC for annexation and initial
zoning of R-2 , Single Family Residential, and prebmin.ary plat approval to create a 26
lot residential subdivision on approximately 8.5 acres. This property is currently
zoned in the county as R- 1, Suburban Residential, which has a minimum lot size of
one acre.
The property proposed for annexation and preliminary plat approval is located at the
western end of Bismark Street and is bordered on the north by Sunnyside Drive and
on the west by the future Highway 93 Bypass. The site is generally triangular in shape
and contains approximately 11.1 acres, approximately 9 acres of which is developable
land as the westerly 2.1 acres of this site would be part of the future Highway 93
Bypass upon acquisition by MDT. The property can be described as a portion of Tract
10 lying within Government Lot 1 in the NW4 of the NWT- of Section 19, Township 28
North, Range 21 West, P.M.M. , Flathead county, Montana.
Sean Conrad of the Kalispell Planning Department, presented staff report #KA-07-11
and #KPP-07-07 recommending the planning board consider approving the initial
zoning of R-2, Single Family Residential, and the 26 lot subdivision as proposed
subject to the 28 listed conditions. Mr. Conrad added that the planning board should
consider recommending that. a Parks Maintenance District be formed for this
subdivision. This recommendation would require the lots be incorporated into the
district, at the time the city took over the maintenance of the homeowner's park, and a
fee would then be assessed to the lots within the subdivision for the cost of the park
maintenance. This recommendation is based on additional discussions with the Parrs
and Recreation Department after the staff report was sent to the planning board. The
purpose of the Parks Maintenance District would be to provide a mechanism to
maintain the parkland in this subdivision if the homeowners association were to
disband or no longer tax themselves to maintain the park area.
At the public hearing Hubert Turner, manager of Ashley Heights LLC, spore in favor of
the subdivision. The planning board also heard from three people spearing against
the proposed project. Those spearing against the project cited concerns with the
density of the project under the proposed R-2 zoning and the associated traffic
impacts the subdivision would have on Sunnyside Drive. They respectfully requested
the planning board consider the R-1, Suburban Residential, zoning district be placed
on. the I I acre site to address their concerns.
After the public hearing the board discussed the proposed R-2 zoning. In discussing
the proposed R- 2 zoning for the property the board felt that it was appropriate for this
area. However, some board members added that a zoning district between the one
acre minimum i m__um lot size of R-1 and the 9,600 square foot lot size of R- 2 should be
considered to be added to the city's zoning ordinance to address development in areas
with existing rural residential development. A motion was made to recommend the
city council approve the R-2 zoning upon annexation of the property. The motion
passed unanimously.
The planning board then considered the preliminary plat request. A motion was made
to adopt the staff report as findings of fact and recommend to the city council that the
proposed subdivision, Ashley Heights, be approved subject to the conditions listed in
the staff report, as amended by staff. The motion passed unanimously.
RECOMMENDATION: A motion to approve an initial zoning of R- 2, Single Family
Residential, and a motion to approve the preliminary plat for Ashley Heights with the
29 conditions as recommended by the planning board would be in order.
FISCAL EFFECTS: Positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully sub ' ted,
Sean Conrad
Senior Planner
Report compiled July 24, 2007
Attachments: Transmittal letter
Exhibit A (conditions)
Staff reports #KA-07-11
Draft Minutes 7/ 10/07
c: Theresa White, Kalispell City Clerk
.. . ........
----'" es . Pa
City Manager
and #KPP-07-7 and application materials
plann, g board meeting
Return to:
Theresa White
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5218
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS A PORTION OF TRACT
10 LYING WITHIN GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P,M.M,, FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS ASHLEY HEIGHTS
ADDITION NO. 391; TO ZONE SAIL) PROPERTY IN ACCORDANCE WITH THE
KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE,
WHEREAS, the City of Kalispell has received a petition from Ashley Heights LLC, the owners of
property located at the western end of Bismarck Street, bordered on the north by
Sunnyside Drive and on the west by the future bypass, requesting that the City of
Kalispell annex the territory into the City, and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-07-1 1, dated July 3, 2007, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be Zoned City R-2, Single Family Residential, on approximately 8.5 acres
upon annexation into the City of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That all the real property as described above be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and
shall be known as Ashley Heights Addition No. 391.
SECTION II. Upon the effective date of this Resolution, the City Clerk is directed
to make and certify under the seal of the City, a copy of the record of
these proceedings as are entered on the minutes of the City Council
and file said documents with the Flathead County Clerk and
Recorder.
From and after the date of filing of said documents as prepared by the
City Clerk, or on the effective date hereof, whichever shall occur
later, said annexed territory is part of the City of Kalispell and its
citizens and property shall be subject to all debts, laws and ordinances
and regulations in force in the City of Kalispell and shall be entitled
to the same privileges and benefits as are other parts of the City.
SECTION III. The territory annexed by this Resolution shall be zoned in accordance
with the Kalispell zoning Ordinance.
SECTION N. This Resolution shall be effective immediately upon passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 6TH DAY OF AUGUST, 2007.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
ORDINANCE NO. 1619
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460)9 BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS A PORTION OF TRACT 10 LYING WITHIN
GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER. OF THE NORTHWEST
QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN
RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL), IN ACCORDANCE
WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, Ashley Heights, LLC, the owners of the property described above, petitioned the City
of Kalispell that the zoning classification attached to the above described tract of land
be zoned R-2, Single Family Residential, on approximately eight and one-half acres
of land, and
WHEREAS, the property is located at the western end of Bismarck Street, bordered on the north
by Sunnyside Drive and on the west by the future bypass, and
WHEREAS, Ashley Height's petition was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-07-11, dated July 3, 2007, in which the
Kalispell Planning Department evaluated the petition and recommended that the
property as described above be zoned R-2, Single Family Residential zoning, and
WHEREAS, the Kalispell Planning Board and zoning Commission held a public hearing on July
101 2007, and recommended that the initial zoning be City R-2, Single Family
Residential, upon annexation to the City of Kalispell, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-2, Single Family Residential, the City Council finds such zoning to be
consistent with the Kalispell Growth Policy 2020 and adopts, based upon the
criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of Coun
Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff
Report No. KA-07-11.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS
SECTION I. Section 27.02.010, of the Official zoning Map of the Kalispell
Zoning Ordinance, (Ordinance No. 1460) is hereby amended by
designating the property described above as R-2, Single Family
Residential, on approximately eight and one-half acres of land.
SECTION IL The balance of Section 27.02.010. Official Zoning Map, City of
Kalispell Zoning Ordinance not amended hereby shall remain in full
force and effect.
SECTION III. This Ordinance shall be effective thirty (30) days from and after the
date of its final passage and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 6TH DAY OF AUGUST, 2007.
Pamela B . Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
RESOLUTION NO.5219
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF ASHLEY
HEIGHTS, MORE PARTICULARLY DESCRIBED AS A PORTION OF TRACT 10 LYING
WITHIN GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA.
WHEREAS, Ashley Heights, LLC, the owner of the certain real property described above, has
petitioned for approval of the Subdivision Plat of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on July
101 2007 on the proposal and reviewed Subdivision Report #KPP-07--7, issued by the
Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of
the Preliminary Plat of Ashley Heights subject to certain conditions and
recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of August 6, 2007,
reviewed the Kalispell Planning Department Report #KPP-07-7, 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 I. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-07-7 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Ashley Heights, LLC for approval of the Preliminary Plat
of Ashley Heights Subdivision, 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,
materials and other specifications as well as any additional conditions associated with the preliminary
plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C —Final Plat)
2. The preliminary plat approval shall be valid for a period of three years from the date of approval.
(Kalispell Subdivision Regulations, Section 2.04).
3. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved and
issued from the Kalispell Public Works Department. In accordance with ordinance 1600, the permit
shall include a permit application, site map, narrative describing the best management practices to be
used and a completed checklist. In addition to the City Stormwater Management Permit the developer
shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent
(NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project
engineer shall certify that the development is in compliance with the approved City Stormwater
Management Permit. (Ordinance 1600 and Findings of Fact Section Q
Prior to final flat:
4. A noise study shall be completed prior to the final plat approval. The noise study shall show how a
noise level of 60 dBA at the western property boundary of the subdivision can be achieved. The
proposed mitigation measures contained in the noise study shall be reviewed and approved by city
staff and implemented prior to final plat approval.
Note: This condition may result in the loss of one or more of the proposed lots shown on the
preliminary plat. Reasonable bike and pedestrian access shall be provided from the subdivision site to
the bike path located along the future highway bypass and not be impaired by sound mitigation
measures chosen. (Findings of Fact Section A)
5. A letter from the Montana Department of Transportation shall be provided stating that the bypass
right-of-way shown on the preliminary plat is adequate for the construction of the future highway
bypass.
Note: The location of the highway bypass right-of-way may effect the western boundary line of the
proposed subdivision, which may in turn effect the number of proposed lots. (Findings of Fact
Section D)
6. New infrastructure required to serve the subdivision shall be designed and constructed in accordance
with the City of Kalispell's Standards for Design and Construction and Montana Public Works
Standards and shall be certified in writing by an engineer licensed in the State of Montana. The new
infrastructure includes the internal access roadway serving the lots within the subdivision and the
approximately 110 feet of frontage along Sunnyside Drive. All design work shall be reviewed and
approved in writing by the Kalispell Public Works Department prior to construction. This
infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter,
boulevard and sidewalks. (Kalispell Design and Construction Standards, project proposal)
7. 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 shall be submitted to the Public Works Department
stating that the water and sewer mains have been built as designed and approved. (Kalispell Design
and Construction Standards)
8. 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. (Kalispell Design and Construction Standards)
9. 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. (Kalispell Design and Construction Standards)
10. An additional 60-foot wide public road and utility easement shall be dedicated to the City of Kalispell
on the south end of lot 3 from the edge of the road right-of-way of the internal city street east to the
eastern boundary of the subdivision site. (Findings of Fact Section D)
11. An additional 10-feet of road right-of-way shall be dedicated to the City of Kalispell for the area
adjacent to Sunnyside Drive requesting annexation. This length is approximately 780 feet of frontage
as shown on the preliminary plat. (Findings of Fact Section D)
12. The developer shall clarify the purpose of the 60-foot private road and utility easement located on the
eastern portion of lot 4 and determine whether lot 4 can legally use the portion of the easement. If lot
4 cannot legally use the easement, they shall either terminate that portion of the easement or otherwise
place a barrier fence, minimum of 4 feet high, along the property boundaries of lot 4 within the
easement to prohibit use of the easement to access the eastern portion of lot 4. (Findings of Fact
Section A)
13. The following requirements shall be met per the Kalispell Fire Department and so certified in writing
by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20).
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
(2003) Appendix B.
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 (2003)
Chapter 5.
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 10-5.
e. Street naming shall be approved by the fire department.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking
fire lane."
14. 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 provided to the Kalispell Parks and Recreation
Department. (Kalispell Subdivision Regulations, Section 3.11)
15. A. bike/pedestrian right-of-way, 15-feet wide, shall be shown on the final plat in the area of lots 20 and
21 and within the park area.
a. A bike/pedestrian path shall be constructed from the edge of the sidewalks along the internal
subdivision road and extend west to the western boundary of the subdivision and are ultimately
intended to connect to the bike path adjacent to the Highway 93 bypass.
b. The bike/pedestrian path shall be a minimum width of 10 feet (asphalt) or 8-feet (concrete).
c. The bike/pedestrian path shall be included in the infrastructure plans reviewed by the Public
Works Department. (Findings of Fact Section H and Kalispell Subdivision Regulations Section
3.07.D)
16. The parkland dedication requirements shall be met by a combination ofpazkland dedication and payment
of cash in lieu of parkland equal to 0.71 acres of land. The parkland shall be a minimum of 0.198 acres
(8,624 square feet) in the area shown on the preliminary plat. The remaining 0.512 acres shall be in
the form of improvements to the subdivision park such as an irrigation system, grass seeding and tot
lot play equipment with any remaining money put into improvements at existing parks in the area.
The ultimate improvement design of the park would be reviewed and approved by the Parks and
Recreation Department. The 0.512 acres of cash in lieu payment shall be based on the fair market value
of undivided, unimproved land.
Note: The bike/pedestrian path will not count towards the overall park improvements due to the fact
that a bike/pedestrian path is needed in this area of the subdivision to break up the excessively long
block length. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Sections D and
H).
17. The road within the subdivision shall be named and signed in accordance with the policies of the
Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject
to review and approval of the Kalispell Fire Department. 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. (Kalispell Subdivision Regulations, Section 3.09)
18. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for
City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision
to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating
that the required easements are being shown on the final plat. (Kalispell Subdivision Regulations,
Section 3.18)
19. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has
reviewed and approved 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. (Kalispell
Subdivision Regulations, Section 3.22)
20. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does
not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
3.09(L))
21. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and
every person, firm or corporation, whether public or private, providing or offering to provide telephone,
telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint
use of an easement for the construction, maintenance, repair, and removal of their lines and other
facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and
to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
22. A homeowners association for the subdivision shall be created that includes a provision for the
maintenance of the bike paths, stormwater facilities, parkland, noise mitigation (i.e. sound wall or
earth berm) and the open space areas within the subdivision. The maintenance provisions in the
homeowners association shall include mowing or trimming the grasses within the common area to
reduce the fire hazard and spread of noxious weeds. (Findings of Fact Sections A, C, D and H)
23. 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 is
prohibited unless approved by the Kalispell Department of Parks and Recreation."
24. 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 in the area to City standards
which are impacted by this subdivision." (Findings of Fact Section D)
25. Lot 5 shall be reconfigured to be brought into compliance with section 3.06.G of the subdivision
regulations. (Kalispell Subdivision Regulations, Section 3.06(G) and Findings of Fact Section H)
26. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed
prior to final plat approval. (Findings of Fact Section A)
On oing conditions:
27. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17)
28. All areas disturbed during development shall be re -vegetated with a weed --free mix immediately after
development.
29. A park maintenance district shall be formed incorporating all the lots within the Ashley Heights
subdivision. The park maintenance district shall not be effective until such time as any open space or
parks are accepted by the city in which case the taxes levied within the maintenance district shall be
determined by the Parks and Recreation Department with approvals by the Kalispell City Council.
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 6TH DAY OF AUGUST, 2007.
Pamela B . Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Ashley Heights, LLC
Cost of Services Analysis (Residential)
Once annexed to the City, full City services will be made available to the property owner.
Any necessary infrastructure associated with this development will be required to be
constructed in accordance with the City of Kalispell's Design and Construction standards
and any other development policies, regulations or ordinances that may apply.
Number of Dwelling Units pLoposed to be annexed
26 single family houses
Estimated Increase in To
j2ulation: (based on US Census Figure of 2.2 per household)
57
Cost of Services
Per capita costs
■ Fire: $68.84 per person per year.
Additional costs to the fire department
• Police: $110 per resident per year.
Additional costs to the police department
■ Administration: $39.48.
Additional cost to administration
■ Solid waste:
Additional cost to solid. waste
* Roads: $193.56 per dwelling unit
Additional cost in road maintenance
57 x 68.84 = $ 3,923
57 x 110.00 = $ 6,270
57 x 39.48 = $ 2,250
(none for five years) _ $ 0
26 x 193.56 = $ 5,032
• Water: $221.21 per ERU (Equivalent Residential Unit)
Additional cost in crater line maintenance 26 x 221.21 = $ 5,751
• Sewer: $329.64 per ERU
Additional cost i n sewer maintenance
• Stonriwater: $72.68 per ERU
Additional cost in storm maintenance
Total Antic. ted Cost of Services.
Anti ci to d Revenue Gene rate d
26 x 329.64 = $ 8,570
26 x 72.68 = $ 1,889
33 685
1. Assessments based on square foo e
Average sguare_ foot.per lot: 10,875 square feet
1
• Storm sewer assessment $0.004480 per square foot (capped at 1/2 acre for
residential)
Revenue from storm serer assessments 26 x 10,875 x $0.004480 = $ 11266
• Street maintenance assessment $0.0101 per square foot (capped at 1/2 acre for
residential
Revenue from street maintenance assessments 26 x 10,875 x $0.0101 = $ 2,855
• Urban forestry assessment $0.00135 per square foot (capped at $150 for residential)
Revenue from urban forestry assessments 26 x 10,875 x $0.00135 = $ 381
• Special Assessments: There are no special assessments. = $ 0
• Light maintenance assessment $0.003 per square foot (no cap)
Revenue from light maintenance assessment 26 x 10,875 x $0.003 = $ 848
Total Anticipated Revenue From Assessments: 5 350
2. Tax revenue:
• Assessed value per property: $ 250,000/louse
Total assessed value: 26 x 250,1000 = $ 61,500,000
Total taxable: 6,500,000 x 0.03543 = $ 230,295
• Total additional general revenue based on 170 mill levy:
$ 230,295 x 0.170 = 39,150
3, bnlqct fees ■
• Water system impact fee $2,155 per residence
Revenue from water system impact fee 26 x $2,155 = $ 567030
• Wastewater impact fee $2,433 per ERU (A single family home is (1) ERU)
Revenue from wastewater impact fee 26 x $2,433 = $ 63,258
• Stormwater impact fee $1,092 per ERU (A single family home is (1) ERU)
Revenue from stormwater impact fee 26 x $1,092 = $ 28,392
• Police impact fee $43 per unit (single family residential)
Revenue from police impact fee 26 x $43 = $ 1,118
• Fire impact fee $533 per unit (single family residential)
Revenue from fire impact fee 26 x $533 = $ 13,858
Total Anticipated Revenue From Impact Fees: = $162,656
Total Revenue Generated to the City (Items 1 and 2) $44,0500
One Time Impact Fee Payment to the City (Item 3) $162,656
2
Net Revenue to the City Per Year (Total anticipated cost of services -Total anticipated
revenue from assessments and taxes): 109815
NOTE: This information is based upon assumptions regarding wilding valuations and
does not take into consideration the build -out time or changes in methods of assessment
and estimated costs associated with services. This information can only be used as a
general estimate of the anticipated cost of services and revenue.
City of Kalispell
Planning Department
17 -- 2' Stream Fast, Suite 211, Kalispell, .Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-185 S
website: kalispellplanning. com
July 24, 2007
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Ashley Heights LLC annexation and initial zoning of R-2, Single Family
Residential, and preliminary plat request for Ashley Heights subdivision
Dear Jim:
The Kalispell City Planning Board met on July 10, 2007 and held a public hearing to
consider a request by Ashley Heights LLC for annexation and initial zoning of R-2,
Single Family Residential, and preliminary plat approval to create a 26 lot residential
subdivision on approximately 8.5 acres. This property is currently zoned in the
county as R-1, Suburban Residential, which has a minimum lot size of one acre.
The property proposed for annexation and preliminary plat approval is located at the
western end of Bismark Street and is bordered on the north by Sunnyside Drive and
on the west by the future Highway 93 Bypass. The site is generally triangular in shape
and contains approximately 11.1 acres, approximately 9 acres of which is developable
land as the westerly 2.1 acres of this site would be part of the future Highway 93
Bypass upon acquisition by MDT. The property can be described as a portion of Tract
10 lying within Government Lot 1 in the Nw4 of the Nw4 of Section 19, Township 28
North, Range 21 west, P.M.M. , Flathead County, Montana.
Sean Conrad of the Kalispell Planning Department, presented staff report #1fA--07-11
and #KPP--07 -07 recommending the planning n g board consider approving the initial
zoning of R-2, Single Family Residential, and the 26 lot subdivision as proposed
subject to the 28 listed conditions. Mr. Conrad added that the planning board should
consider recommending that a Parks Maintenance District be formed for this
subdivision. This recommendation would require the lots be incorporated into the
district, at the time the city took over the maintenance of the homeowner's park, and a
fee would then be assessed to the lots within the subdivision for the cost of the park
maintenance. This recommendation is based on additional discussions with the Parks
and Recreation Department after the staff report was sent to the planning board. The
purpose of the Parks Maintenance District would be to provide a mechanism to
maintain the parkland in this subdivision, if the homeowners association were to
disband or no longer tax themselves to maintain the park area.
At the public hearing Hubert 'I umer, manager of Ashley Heights LLC, spoke in favor of
the subdivision. The planning board also heard from three people speaking against
the proposed project. Those speaking against the project cited concerns with the
density of the project under the proposed R-2 zoning and the associated traffic
impacts the subdivision would have on Sunnysi.de Drive. They respectfully requested
the planning board consider the R-1, Suburban Residential, zoning district be placed
on the 11 acre site to address their concerns.
After the public hearing the board discussed the proposed R-2 zoning. In discussing
the proposed R_2 zoning for the property the board felt that it was appropriate for this
area. However, some board members added that a zoning district betvveen the one
acre minimum lot size of R--1 and the 9,600 square foot lot size of R-2 should be
considered to be added to the city's zoning ordinance to address development in areas
with existing rural residential development. A motion was made to recommend the
city council approve the R-2 zoning upon annexation of the property. The motion
passed unanimously.
The planning board then considered the preliminary plat request. A motion was made
to adopt the staff report as findings of fact and, recommend to the city council that the
proposed subdivision, Ashley Heights, be approved subject to the conditions listed in
the staff report, as amended by staff. The motion passed unanimously.
Please schedule this matter for the August 6, 2007 regular Kalispell City Council
meeting. You may contact this board or Sean Conrad at the Kalispell Planning
Department if you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
--;6rye--
Bryan H . Schutt, i
President
Attachments:
Exhibit A
Staff reports # KA--07-11 and #KPP-07-07 and application
materials
Draft Minutes 7/ 10/ 07 planning board meeting
c w/ Att: Theresa white, Kalispell City Clerk
c w/o Att: Ashley Heights, LLC
3300 Hwy 2 Nest
Kalispell, MT 59901
2
IT A
ASHLEY HEIGHTS SUBDIVISION
CONDITIONS OF APPROVAL
AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD
JULY 10, 2007
The Kalispell City Planning Board recommends to the Kalispell City Council that the
preliminary plat for Ashley Heights subdivision be approved subject to the following
conditions:
General Conditions:
1. That the development of the site shall be in substantial compliance with the
application submitted, materials and other specifications as well as any
additional conditions associated with the preliminary plat as approved by the
city council. (Kalispell Subdivision Regulations, Appendix C - Final Plan
2. The preliminary plat approval shall be valid for a period of three years from the
date of approval. (Kalispell Subdivision Regulations, Section 2.04) .
3. Prior to ,any excavation or earthwork, a City Stormwater Management Permit
shall be approved and issued from the Kalispell Public Works Department. In
accordance with Ordinance 1600, the permit shall include a permit application,
site map, narrative describing the best management practices to be used and a
completed checklist. In addition to the City Stormwater Management Permit
the developer shall submit a copy of the State General Construction Stormwater
Discharge Permit Notice of Intent (NDI) and Stormwater Pollution Prevention
Plan (SWPPP). At the time of final plat, the project engineer shall certify that the
development is in compliance with the approved City Stormwater Management
Permit. (Ordinance 1600 and Findings of Fact Section C)
Prior to final lat:
4. A noise study shall be completed prior to the final plat approval. The noise
study shall show how a noise level of 60 d3A at the 'western property boundary
of the subdivision can be achieved. The proposed mitigation measures
contained in the noise study shall be reviewed and approved by city staff and
implemented prior to final plat approval.
Note: This condition may result in the loss of one or more of the proposed lots
shown on the preliminary plat. Reasonable bike and pedestrian access shall be
provided from the subdivision site to the bike path located along the future
highway bypass and not be impaired by sound mitigation measures chosen.
(Findings of Fact Section A)
3
5. A letter from the Montana Department of Transportation shall be provided
stating that the bypass right-of-way shown on the preliminary plat is adequate
for the construction of the future highway bypass.
Note: The location of the highway bypass right--of-way may effect the western
boundary line of the proposed subdivision, which may in turn effect the number
of proposed lots. (Findings of Fact Section D)
6. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards and shall be certified in
writing by an engineer licensed in the State of Montana. The new
infrastructure includes the internal access roadway serving the lots within the
subdivision and the approximately 110 feet of frontage along Sunnyside Drive.
All design work shall be reviewed and approved in Writing by the Kalispell
Public Works Department prior to construction. This infrastructure shall
include but not be limited to streets, street lighting, street signage, curb, gutter,
boulevard and sidewalks. (Kalispell Design and Construction Standards,
project proposal)
7. Water and sewer main extensions shall be designed and constructed in
accordance with the City of K lispell'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 shall be submitted to the Public
Works Department stating that the water and sewer mains have been built as
designed and approved. (Kalispell Design and Construction Standards)
8. 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. (Kalispell Design and Construction
Standards)
9. 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. (Kalispell Design and
Construction Standards)
10. An additional 60-foot wide public road and utility easement shall be dedicated
to the City of Kalispell on the south end of lot 3 from the edge of the road right-
of-way of the internal city street east to the eastern boundary of the subdivision
site. (Findings of Fact Section D)
11. An additional 10-feet of road right-of-way shall be dedicated to the City of
Kalispell for the area adjacent to Sunnyside Drive requesting annexation. This
0
length is approximately 780 feet of frontage as shown on the preliminary plat.
(Findings of Fact Section D)
12. The developer shall clarify the purpose of the 60-Moot private road and utility
easement located on the eastern portion of lot 4 and determine whether lot 4
can legally use the portion of the easement. If lot 4 cannot legally use the
easement, they shall either terminate that portion of the easement or otherwise
place a barrier fence, minimum of 4 feet high, along the property boundaries of
lot 4 within the easement to prohibit use of the easement to access the eastern
portion of lot 4. (Findings of Fact Section A)
13. The following requirements shall be met per the Kalispell Fire Department and
so certified in writing by the Fire Department: (Kalispell Subdivision
Regulations, Section 3.20).
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 (2003) Appendix B.
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 (2003) Chapter 5.
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.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the
road as "no parking fire lane."
14. 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 provided to the
Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations,
Section 3.11 )
15. A bike/pedestrian right-of-way, 15-feet wide, shall be shown on the final plat in
the area of lots 20 and 21 and within the park area.
a. A bike/ pedestrian path shall be constructed from the edge of the
sidewalks along the internal subdivision road and extend crest to the
western boundary of the subdivision and are ultimately intended to
connect to the bike path adjacent to the Highway 93 bypass.
b. The bike J pedestrian path shall be a minimum width of 10 feet (asphalt)
or 8-feet (concrete).
C. The bike/pedestrian path shall be included in the infrastructure plans
reviewed by the Public Works Department. (Findings of Fact Section H
and Kalispell Subdivision Regulations Section 3.07.13)
10. The parkland dedication requirements shall be met by a combination of parkland
5
dedication. and payment of cash in lieu of parkland equal to 0.71 acres of land.
The parkland shall be a minimum of 0.198 acres (8,624 square feet) in the area
shown on the preliminary plat. The remaining 0.51 2 acres shall be in the form
of improvements to the subdivision park such as an irrigation system, grass
seeding and tot lot play equipment with any remaining money put into
improvements at existing parks in the area. The ultimate improvement design
of the parr would be reviewed and approved by the Parks and Recreation
Department. The 0.512 acres of cash in lieu payment shall be based on the fair
market value of undivided, unimproved land.
Note: The bike/pedestrian path will not count towards the overall park
improvements due to the fact that a bike i pedestrian path is needed in this area
of the subdivision to break up the excessively long block length. (Kalispell
Subdivision Regulations, Section 3.1.9 and Findings of Fact Sections D and H).
17. The road within the subdivision shall be named and signed in accordance with
the policies of the Kalispell Public works Department and the Uniform Traffic
Control Devices Manual and be subject to review and approval of the Kalispell
Fire Department. 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. (Kalispell Subdivision Regulations, Section. 3.09)
1.8. All existing and proposed easements shall be indicated on the face of the final
plat. Utility easements for City water and seater shall be provided to allow for the
logical extension of utilities from this subdivision to adjoining properties. A letter
from the Kalispell Public works Department shall be obtained stating that the
required easements are being shown on the final plat. (Kalispell, Subdivision
Regulations, Section 3.18)
19. Prior to filing the final plat a letter from the US Postal Service shall be included
stating the Service has reviewed and approved 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. (Kalispell Subdivision Regulations, Section 3.22)
20. Street lighting shall be located within the subdivision and shall have a full
cutoff lens so that it does not intrude unnecessarily onto adjoining properties.
(Kalispell Subdivision Regulations Section 3.09(L))
21. 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, crater 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."
0
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
22. A homeowners association for the subdivision shall be created that includes a
provision for the maintenance of the bike paths, stormwater facilities, parkland,
noise mitigation (i.e. sound wall or earth berm) and the open space areas within
the subdivision.. The maintenance provisions in the homeowners association
shall include mowing or trimming the grasses within the common area to
reduce the fire hazard and spread of noxious weeds. (Findings of Fact Sections
A, C, D and H)
23. 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 is prohibited unless approved by
the Kalispell Department of Parks and Recreation."
24. 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 in the area to City standards which are impacted by this
subdivision." (Findings of Fact Section D)
25. Lot 5 shall be reconfigured to be brought into compliance with section 3 . o6 . G of
the subdivision regulations. (Kalispell Subdivision Regulations, Section 3.0 (G)
and Findings of Fact Section H)
26. That a minimum of two-thirds of the necessary infrastructure for this
subdivision shall be completed prior to final plat approval. (Findings of Fact
Section A)
On izoine conditions:
27. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
28. All areas disturbed during development shall be re --vegetated with a weed -free
mix immediately after development.
29. A park maintenance district shall be formed incorporating all the lots within the
Ashley Heights subdivision. The park maintenance district shall not be effective
until such time as any open space or parks are accepted by the city in which
case the taxes levied within the maintenance district shall be determined by the
Parks and Recreation Department with approvals by the Kalispell City Council.
7
City of Kalispell
Planning Department
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1. 854
Fax: (406) 751- 1858
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT: Ashley Height, LLC
MAIL ADDRESS: 3300 Hwy..2 West
CITY/STATEIZIP: Katispell PHONE: 25 7-1682
INTEREST IN
PROPERTY -.-Owner
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: Sands Surveying
MAIL ADIDRESS: 2 Village Loo
CITY/STATE/ZIP: Kalispgll PHONE: 755-6481
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the property: 1204 Snnr side Drive
Legal Description.- Government Lot I Assessor Tract 10 Section 19 Township 28N R.an e 21 W
(Lot and Block of Subdivision; Tract#)
Land in project (ac) 1 [ .1. Acres
The present coning of the above property is: Westside County R-1
The proposed zoning of the above property is: City R-2
State the changed or changing conditions that make the proposed amendment necessary:
Annexation and rezoning is necessary for the preliminary plat application of Ashley.,Heights Subdivision It
is our wish to annex the provegy and extend ci services.
The signing of this application signifies that the foregoing information is trine and accurate based upon the
best Mnformation available and further grants approval for Kalispell Planning staff to be present on the
property for routine inspection during the annexation process.
It . ................ 22
(A `cant) (Date)
APPLICATION PROCESS
APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS
1. Pre -Application Meeting:
A discussion with the planning director or designated member of staff must precede -filing of this
application. Among topics to be discussed are: the application procedure, compatibility and
compliance with the Growth Policy, and compatibility of the proposed zoning with surrounding zoning
classifications.
2. Completed application form.
3. Completed Petition to Annex and Notice of withdrawal from Rural Fire District form, including an
Exhibit A, legal description of the property.
4. A list of all property owners within 150 feet of the subject property (excluding public streets and right of
sways) with mailing. addresses. See example below & attached notice from. County Plat Room.
Assessor# Sec -Twn- Eotf Fract No Prgpg y Owner & Mailing, Address
5. Annexation and Initial Zoning Fee made payable to the Kalispell Planning Department.
6. Fee Schedule:
Annexation (includesinitial zoning)
$250 plus $2(}/acre
7. A bona fide legal description of the property from a recent surrey, title report or deed which accurately
describes the property to be annexed.
6
Return to. -
Theresa white
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be providers to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-46I4, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the Kalispell Rural Fire District under the provisions of Section 7-33-2I27,
Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice
requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution
of annexation by the City Council of the City of Kalispell, the property shall be detracted from
said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be � binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. FICA 7-2--4736 prohibits the city from
providing solid waste services to this property for a minimum of 5 gears from date of annexation.
Y
Petitioner/ caner Date
Petitioner/Owner Date
MOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to be annexed.
STATE OF MONTANA )
ss
County of Flathead County
Can this t- day ofa7, before me the undersigned,a Notary Public for
the State of Montana, personally appeared known
to me to be the person NA "W is subscribed. to the foregoing instrument and acknowledged
to me that he/she 1�als 50�
,.*V.,
IN WIT ES i � 1�� 'here to set my hand and affixed my Notary Seal the day and
year in this cZtifivat first above iAAttei
wo
;WIAL'o
�-
N Public, State o Montana
esiding at
4f A:.�
too*** N My Commission ex ies: / 0
OF M& 'xN
I�rt1 �t �l1tl
STATE OF MONTANA
: ss
County of Flathead County
on this day of , before me, the undersigned, a Notary Public for
the State of Montana., personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
fN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires:
STATE OF MONTANA )
ss
County of Flathead
On this day of _, , before me, the undersigned, a Notary Public for
The State of Montana, personally appeared and
the and
respectively, of the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
3
DESCRIPTION:
A TRACT OF LAND, SITUATED, LYING AND BEING 1N GOVERNMENT LOT 1 OF SECTION 19, TOWNSHIP 28 NORTH,
RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO
WIT:
BEGINNING at the southeast corner of Government Lot 1 of Section 19, Township 28 North, Range 21 west, P.M.,M., Flathead County,
Montana, which is a found iron pin; Thence along the south boundary of said Gov't Lot 1 S88°56'57"W 133.35 feet to a found iron pin on
the easterly R/W of the Proposed Kalispell Bv-pass; Thence along said R/W N3 S° 16'45"w 119.64 feet; Thence N2.2° 15'2f"w 852.92 feet;
Thence N08a00'03 "E 203.22 feet to the southerly R/W of a deeded county road Known as Sunnyside Drive; Thence along said R/W
N8804734"E 110.59 feet; Thence S01°12'26"E 137.87 feet; Thence EAST 177.76 feet; Thence S01°16'38"E 366.27 feet to a found iron
pin; Thence N88'44'29"E 167.70 feet to a found iron pin; Thence SO 1 °23'01 "E 59.03 feet to a found iron pin; Thence N88°50'03 "E 142.46
feet to a found iron pin on the east boundary of said Gov't Lot 1; Thence along said boundary S00°26 09"VAT 701.99 feet to the point of
beginning and containing 8.515 ACRES; Subject to and together with a 60 foot private road and utility easement as shown hereon; Subject
to and together with all appurtenant easements of record.
ASHLEY HEIGHTS, LLC
REQUEST FOR INITIAL ZONING OF R- 2, UPON ANNEXATION
STAFF REPORT #IAA--07-11
REQUEST FOR ASHLEY HEIGHTS SUBDIVISION
STAFF REPORT #KPP-07-7
I3ALISPELL PLANNING DEPARTMENT
JULY 3, 2007
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
an initial zoning designation. of R-2 upon annexation to the city of Kalispell and a
subdivision to create 26 residential lots. A public hearing has been scheduled before
the Kalispell City Planning Board for July 10, 2007 beginning at 7:00 PM, to consider
appropriate zoning for the property to be annexed and the subdivision request. The
planning board will forward a recommendation to the Kalispell City Council for
consideration.
BACKGROUND INFORMATION
The planning board reviewed a previous initial zoning request for the project site at its
April 1 oth meeting. The owner was requesting the R-4, Two Family Residential, zoning
district and planning staff was recommending the R-3, Urban Single Family Residential
zoning district based on concerns with increased density in the area and associated
traffic, and allowing increased density in such close proximity to the future highway
bypass. The planning board recommended the R-2, Single Family Residential, zoning
district for the project site if it were annexed into the city limits. The planning board
cited concerns with density and character of the neighborhood as their- reasoning for
recommending the R--2 zoning district.
The council denied the annexation request at their May 2 1st meeting based on the
owners request for an R-3 or R-4 zoning upon annexation. The council could not
support either the R-3 or R-4 zoning districts based on concerns with the increased
density in the immediate neighborhood and associated traffic impacts in the area.
The owners have now re -applied for annexation and an initial zoning district of R-2 to
address the planning board and councils concerns. Along with the annexation and
initial zoning request they have requested approval of a preliminary plat, Ashley
Heights, to create 26 residential lots varying in size from 9,600 square feet to 17,880
square feet. The proposed subdivisions includes an 8.5 acre portion of the 11.1 acre site
requesting annexation and initial zoning of R-2. The remaining 2.6 acres outside of the
proposed subdivision includes an existing home site located in the northeast corner of
the 11.1 acre site and an area apprwdmately 2.1 acres in size shown as the future
highway bypass on the preliminary plat.
This staff report will address both requests, M* itial zoning and preliminary plat, that the
owner is requesting. Each request will be reviewed with a recommendation and a set of
conditions at the end of the report be...' ' g on page 14.
A, Petitioner and Ow ers: Ashley Heights, LLC
3300 Highway 2 west
Kalispell, MT 59901
(406) 257-1632
Technical Assistance: Sands Surveying, Inc.
2 Village Loop
Kalispell., MT 59901
(406) 755--6481
B. Location, and Legal Description. of Property: The property proposed for
annexation is located at the western end of Bisrnark Street and is bordered on
the north. by Sunnyside Drive and on the west by the future Highway 93
Bypass. The site is generally triangular in shape and contains approximately
11.1 acres, approximately 9 acres of which is developable land as the westerly
2.1 acres of this site would be part of the future Highway 93 Bypass upon
acquisition by MDT. The property can be described as a portion of Tract 10
lying within Government Lot 1 in the Nw4 of the Nw4 of Section. 19, Township
28 North, Range 21 West, P. M. M . , Flathead County, Montana.
C. Existing zoning: The property is currently in the County zoning, jurisdiction
and is zoned County R--1. The County R--1, Suburban Residential zoning
district, is primarily a single-family district with a minimum lot size requirement
of one acre. Areas with an R-1 zoning designation would typically be located in
rural areas away from concentrated urban development, typically not be served
by water or sewer services or in areas where it is desirable to permit only low -
density development (e.g. extreme topography, airport runway extensions,
floodplain, etc.).
D. Proposed Zoning: City R-2, Single Family residential, has been requested for
the property. The R-2 zoning district allows single --family residences as a
permitted use. The minimum lot size for the district is 9,600 square feet and a
minimum lot width of 70 feet with setbacks of 20 feet in the front, 10 feet in the
rear and 10 feet on the sides.
E. Size : The area proposed for annexation and zoning contains approximately 11.1
acres.
F. Faisting Land Use: The property contains an existing single family residence in
the northeast corner of the property adjacent to Sunnyside Drive and a shop with
a well located along the western boundary of the property.
G. Adjacent Land Uses and zoning: The property is located on the urban fringe of
the city. The western portion of the property is within the proposed Highway 93
Bypass / W . The north and northeast portions of the property abut large single
family residential lots in the 1 -- 2 12 acre range. The southeastern portion of the
site abuts City R-4 zoning and a mixture of single family and two unit townhouse
lots.
North: Large lot rural residential; County R-1 zoning
Bast: Large lot rural single-family homes -- County R-1 urban scale single
family and 2-unit townhouses - City R--4
South: Future Highway 93 Bypass; County R-1 zoning
West: Future Highway 93 Bypass; County R-1 zoning
H. General Land Use Character: This is a transitioning residential neighborhood
with the proposed property sandwiched between a federal highway bypass to the
west, large size rural residential lots to the north and east and urban scale
residential density to the southeast. Just 6 months ago, a 4 acre site at 60
Denver owned by the Violence Free Crisis Line just 300 feet to the east was
annexed into the city and granted an R-3 Single Family residential zoning
classification. In 2002 the city annexed and zoned the R-4 land immediately
southeast of the applicant's property. This annexation and zoning to R.-4 was the
subject of a lawsuit brought on by neighbors indicating among other things that
the density of the R-4 zone was out of character with the existing neighborhood.
The city did ultimately prevail in the suit but it does indicate a neighborhood
sentiment against higher density development.
I. Availability of Public Services and Extension of Services: Public services are
all generally available to the site. Specifically water and sewer are currently
available to the site via Bismark Street on the southeast corner of the property.
EVALUATION BASED ON STATUTORY GRITER T A
The initial zoning request includes an 11.1 acre property legally described as a portion
of Tract 10 lying within. Government Lot 1 in the Nw4 of the Nw4 of Section 19,
Township 28 North, Range 21 west, P.M.M. The 11.1 acre site includes an existing
home site, the 3.3 acre area in which the Ashley Heights subdivision is proposed, and
an approximately 2.1 acre area shown as the future highway bypass right-of-way.
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M. C.A.
Findings of fact for the zone change request are discussed relative to the itemized criteria
described by 76-2-304, M.C.A.
3
1. Does the requested zone corn1 with the Growth Poll �)
The property is designated by the Kalispell Growth Policy 2020 as "Urban
Residential` which is defined as anticipating three to twelve dwellings per acre.
Because of the plans for the provision of public sewer and crater to the site, the
proposed R- 2 zoning designation could be considered to be in compliance with
the growth policy designation. The R-2 zoning district has a 9,600 square foot
mi_n�mum lot size, is limited to single family residential development and has a
typical maximum gross density of 3 -- 3.5 units/ gross acre. The R-2 zone does
comply with the 3-1 2 units per acre called out by the growth policy and would
provide a lager residential density to comply with the neighborhood character
and lessen the density along the future highway bypass.
2. Is the requested zone designed to lessen congestion in the streets?
It can be anticipated that the proposed development of the property that will be
associated with the zoning will increase traffic impacts in the area due to the
relatively low density of the area currently. The proposed zoning carries with it
the checks and balances, including the need for review, which will insure that
traffic flows and access are appropriately addressed. The potential densities
afforded by the R--2 zone would be from 250 to 300 vehicle trips per day based on
a range of possible development plans. The applicants do have a preliminary
proposal that would generate approximately 260 trips. This amount is not
significant enough to warrant additional upgrades to Sunnyside Drive at this
time.
3. Will the requested zone secure safety from fire panic and other dangers?
Adequate access and public facilities would be made available to the site in the
ease of an emergency. New construction will be required to be in compliance
with the building safety codes of the City which relate to fire and building safety.
All municipal services including grater and surer will be extended to the property.
'Where are no features related to the property which would compromise the safety
of the public.
4. will the requested zone promote the health andeneral welfare?
The R--2 zone can be found to promote the health and general welfare of the
neighborhood. It will insure that only single family residents are constructed in
this area. This would be compatible with the majority of the surrounding
properties. Additionally, the slightly larger lots and greater setbacks afforded by
the R-2 will help to mitigate the impacts associated with the traffic noise
generated by the Highway 93 Bypass as it abuts this site.
5 . will the re uested zone provide for ad e u ate light and air?
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell Zoning Ordinance to insure adequate light and air
is provided.
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6 . will the requested zone prevent the overcrowj�n of land*)
As previously noted, this area has been anticipated for residential development
based on the city's growth policy land use map. The anticipated densities of the
proposed zoning districts fall within the land use designation for the site. An
public services and facilities will be available to serve this property. An
overcrowding of land would occur if infrastructure were inadequate to
accommodate the development in the area. This is unlikely to occur.
7. will the re uested zone avoid undue concentration of eo le?
An increase in the number and concentration of people in the area will likely
result after this land has been converted from vacant land to a more intensive
residential use. The intensity of the uses of the property should be in direct
relationship to the availability of public services, utilities, facilities and adjoining
property character and use. In this neighborhood, the future presence of noise
from the Highway 93 Bypass, the adjoining large lot residential uses and the
substandard condition of Sunnyside Drive which provides one of the two primary
access roads all point to a less dense development pattern. The requested R-2
zoning would maintain the single-family residential character of the area; reduce
the number of allowable housing units on the property thereby decreasing the
associated traffic impacts in the immediate area.
8. will the re uested zone facilitate the adequate rovision of trans ortation water,
sewer; e schools arks and other public re uirements?
Public service, facilities and infrastructure would be made available to the
developer. The developer would need to extend the needed City services that are
not currently extended to the property at the developers' expense and in
accordance with the City's policies and standards. New improvements to the
property such as roads, water, sewer, parks and drainage would be installed '
accordance with City policies and standards at the developers' expense thereby
insuring that there is adequate provision of services to the site prior to
development. Fire, police and ambulance are adequate to accommodate potential
impacts associated with the development of this site. There will be impacts to
services that can be anticipated as a result of this proposal which can be met by
the City. All public services and facilities are currently available or can be
provided to the property. Development should be encouraged in areas where
these services are available.
9. Does the re uested zone 've consideration to the particular suitablliof the
propert for articular uses?
The property is generally level and developable. Its linear shape does limit
creativity in future subdivision design. Adequate water sewer, police, fire and
ambulance services are available. Given the sites characteristics and the larger
lot residential requirements of the R-2 zoning district, this site can be considered
suitable for residential development in the R-2 zoning district.
5
10. Does the re uested. zone 've reasonable consideration to the character of the
district?
The proposed R-2 zoning district would provide for a development pattern that is
in keeping with the character with the surrounding neighborhood. The R--2
zoning district is a single family residential zone which would maintain the single
family residential character of the area. The R-2 district would also significantly
reduce the potential for higher development densities which would be out of
character for the immediate neighborhood.
11. Will the ro osed zone conserve the value of buildings?
City standards will ensure that there is high quality development that will ensure
the value of buildings and homes are protected, maintained and conserved. value
of the buildings in the area will be conserved because the zoning will promote
compatible and like uses on this property as are found on other properties in the
area.
12. Will there nested zone encourage the most a ro riate use of the land
throw out the munici ali ?
Urban -scale residential development should be encouraged in areas were services
and facilities are available such as is being proposed on this property. This area
is suitable for urban scale development. The proposed zoning district would
encourage higher density development within the city on municipal services while
also maintaining the character of the neighborhood and limiting the amount of
additional vehicle traffic on adjoining streets such as Sunnyside Drive.
II. REVIEW AND FUMINGS OF FACT FOR THE PRELI111IINARY PLAT OF
ASHLEY HEIGHTS
The proposed subdivision, Ashley Heights, is located on an 8.5 acre portion of
the 11.1 acre lot requesting annexation and initial zoning of R--2. The
approximately 2. 6 acres outside of the proposed subdivision include an existing
home site and an area reserved for the future highway bypass right-of-way.
The subdivision application is reviewed as a major subdivision in accordance
with statutory criteria and the Kalispell City Subdivision Regulations.
A. Effects on Health and Safety:
Fire: This subdivision would be in the service area of the Kalispell. Fire
Department once annexed to the city. The property is considered to be at low
I
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. Hydrants will be required to be placed in
compliance with the requirements of the International Fire code and approved
by the fire marshal. The fire access and suppression system should be
installed and approved by the fire department prior to final plat approval. This
is necessary to prevent combustible construction from taking place prior to the
construction of adequate fire access and, therefore avert any associated
problems.
Flood According to the Flood Insurance Rate Map (FIRM) Panel. # 1815 dated
9 / 3 0 / 92 the site is located entirely in zone C which is not a flood prone area
and no special permits are required for development.
Access: Access is provided by Bismark Street on the south side of the
Subdivision and Sunnyside Drive on the north side of the subdivision. Bismark
Street is a city roadway built to city standards and currently serves lots within
the Sunnyside subdivision. and Lone Pine subdivision. Sunnyside Drive is a
county roadway and serves residential lots in both the city and county.
Sunnyside Drive begins at the southern end of 5th Street west and continues
merest across Burlington Northern's railroad right-of-way. After the railroad
Sunnyside Drive terminates into valley view Drive which directs traffic
primarily north to Foys Lake Road.
The proposed subdivision would extend Bismark Street, located in the
southeast corner of the subdivision site, north through the subdivision and
connect with. Sunnyside Drive. In addition, The Public works Department is
recommending that a F o-foot public road and utility easement be placed on the
southern portion of lot 3. This publicly dedicated road and utility easement
would allow the eventual connection between the internal subdivision street
and Sunnyside Drive via the existing 60-foot private road and utility easement
serving 4 tracts of land immediately east of the proposed subdivision.
The existing fro -foot private road and utility easement that extends southward
from Sunnyside Drive currently ends at the project site with a 30 -foot pride
portion of the easement located on proposed lot 4. The proposed subdivision
would not utilize the private easement for access to any of the proposed lots.
However, proposed lot 4 would have access to both the internal city street
serving the subdivision and the private road easement. As a recommended
condition of approval planning staff is recommending the owners clarify the
purpose of the 60-foot private road and utility easement and determine whether
lot 4 can legally use the portion of the easement located on the property. If
proposed lot 4 cannot legally use the easement the owner will be required to
either terminate that portion of the easement or otherwise place a barrier to
prohibit use of the easement to access the eastern portion of lot 4.
Noise: The future Highway 93 Bypass will be located on the west side of the
proposed subdivision. The property is currently vacant of any type of
residential housing. The proposed project would allow 26 dwelling units on the
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project site with a combination of single family lots and townhouse lots
proposed along the bypass right-of-way at this time.
The Montana Department of Transportation. has Commented on the potential
noise impacts the highway may have on future residences along the proposed
bypass. Cora Helm., Highway Traffic Noise Specialist, stated in a letter dated
October 23, 2006 that, "noise levels in excess of 65 dBA are regarded to be a
critical annoyance in much of the published research pertaining to traffic noise.
Speech is severely interfered with at these levels, so outdoor areas for homes
sitting near the 64 decibel contour line will not be functional unless protected
with a berm or barrier. Traffic will only increase on the bypass over the years,
and a 64 decibel location could quickly approach 67 dBA or more." The
Department of Transportation is required to mitigate the noise impact to
existing residences at the 67 dBA level. Note that MDT recommends
communities determine appropriate noise levels for types of development or
uses and provide guidance on preferred mitigation.. In recent discussions, the
Kalispell Planning Board, agreed that mitigation was necessary to maintain an
outdoor 60 dBA noise level along areas adjacent to the proposed future Highway
93 Bypass.
The owner has provided a copy of the preliminary plat map including noise
contours of 647 62 and 60 which indicated anticipated noise decibel levels that
would result from the proposed highway bypass. This information was provided
by the Montana Department of Transportation (MDT). The anticipated 60
decibel noise contour parallels the bypass and emends approximately 300 feet
onto the property. Over 2/3 of the lots within the proposed subdivision would
be within noise contours exceeding 60 decibels.
A follow-up letter dated February 22, 2007 and written by Ms. Helm on the
current project proposal states the following, "For the Kalispell Bypass, MDT
concluded that there are two locations where noise abatement would satisfy
much of the reasonableness and feasibility criteria for barriers, outside of
seeking public input. Those locations include the developments south of
Sunnyside and north of Three Mile Drive that were built or platted as of August
9, 2005. Developments that are platted after that August date, such as Ashley
Heights, would not be eligible for federal -aid noise abatement, such as barriers,
until such a time that the Kalispell Bypass would become a six -lane facility!"
One of the primary purposes of the Kalispell Subdivision regulations is to
promote the public health, safety and general welfare. Highway noise from the
future bypass has the potential to be detrimental to the future property owners
of the lots within Ashley Heights. Therefore, the planning department would
recommend the planning board consider including a condition on the plat
requiring a noise study be completed prior to the final plat approval. The noise
study will need to show how a noise level of 60 dBA can be achieved outside of
the future residential buildings, between the buildings and the future highway
right-of-way. The proposed mitigation measures contained in the noise study
shall be reviewed and approved by the city staff and implemented prior to final
plat of the development. Including this condition may result in the loss of one
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.... . .
or more of the proposed lots along the bypass and/or redesign of the
subdivision.
On -site Improvements: The City of Kalispell has required past subdivisions to
complete a um 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 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 adequate water and sewer services. In the past, the city has allowed
subdivisions to file a final plat and subsequent home construction to begin
prior to a majority of the infrastructure installed. Problems have occurred
when new homes were occupied and there was insufficient water for fire
suppression and/or sewer mains were not working properly. Therefore, in
order to mitigate these potential impacts to the public's health and safety, staff
is recommending a condition requiring a minimum of two-thirds of the
infrastructure be installed prior to final plat.
B. Effects on Wildlife and. Wildlife Habitat: This area is highly urbanized with
little or no remaining wildlife habitat. There may be some migratory birds and
an occasional deer may visit the site, however, this area does not provide
significant habitat for wildlife due to the developed nature of the area.
C. Effects on the Natural Environment'.
Surface. and groundwater: This subdivision will be served by public water and
sewer thereby minimizing any potential impacts to the groundwater. As stated
previously, no portion of the site is within the 100 year floodplain as shown on
the (FIRM) panel, # 1815.
A Depth to Water Table map dated March. 13, 2006 indicates the grater table is
between 20-50 feet below the surface throughout the project site. Due to the
water table depth staff would not recommend any prohibitions on basements
within this development. Information in the Depth to water Table was provided
by the Flathead Lakers in consultation with the Flathead Lake Biological
Station.
Drainage: This site is relatively level and does not pose any unusual challenges
to site drainage. Curbs and gutters will be installed along the streets
throughout the subdivision and storm water will be conveyed south to a small
parr area located between lots 12 and 13. A condition of approval requires that
a homeowners association be created for the maintenance of the parr area
which includes the stormwater detention area. As part of the maintenance of
the parr area and storrnwater detention area the association would be required
to mow the area to reduce the fire hazard and reduce the spread of noxious
weeds in accordance with city codes.
The City of Kalispell recently adopted an ordinance to address erosion control
and stormwater pollution prevention. The new ordinance requires a developer
to obtain a city stormwater management permit and a State General
Construction Stormwater Discharge Permit Notice of Intent (NCI) and
Stormwater Pollution Prevention Plan (SWPPP) prior to any grading activities on
0X
the site. These plans provide for managing stormwater on the site and include
stab hzing the construction site through an approved revegetation plan after
site grading is finished.
D, Effects on Local Services:
Water and Sewer: Water and sewer service to the subdivision would be
provided by the City of Kalispell from an existing eight inch water main and
sewer main located within, the Bismark Street right-of-way. These mains will be
extended from Bismark Street, through the subdivision site to Sunnyside Drive.
The water and sewer system for the subdivision will be reviewed and approved
by the Kalispell. Public works Department as part of the development of the
subdivision.. There is adequate capacity within the city's water and surer
systems to accommodate this development.
Roads: As discussed in the Access section of this report, Sunnyside Drive and
Bismark Street provide the vehicular access to this site. In order to provide
legal and physical access to each of the lots within the subdivision the
developers would extend Bismark Street north to connect with Sunnyside Drive.
This new street extension would be built to current city standards including a
minimum 28--foot wide paved travel surface, curb, gutters, 5--foot landscaped
boulevard and 5-Moot sidewalk.
The owners have previously requested a more intensive zoning district for the
site, R-4, which would have permitted a minimum lot size of 6,000 square feet
and permitted either a single-family house or duplex on the 6,000 square foot
lot. One of the reasons for denying the requested R-4 zoning district was the
potential traffic onto Sunnyside Drive associated with the more intense
residential development. As part of the subdivision submittal the owners
provided a traffic impact study conducted by Abelin Traffic Services from
Helena, Montana.
At 26 lots the traffic impact study concluded that there would be 249 weekday
vehicle trips. without the bypass in place the traffic study indicates 40% of the
vehicle traffic will travel west on Sunnyside Drive to Foys Lake Road and 50%
will use Sunnyside Drive to travel east to 11th Street West. The remaining 10%
of vehicle trips will come to and from the south of the subdivision. via Denver
Avenue. Once the highway bypass is in place however 90% of the vehicle trips
to and from the subdivision will use Sunnyside Drive to travel east to 11 to
Street. The remaining 10% will continue to travel to and from the subdivision
from the south on Denver Avenue.
The traffic impact study concludes that the proposed subdivision traffic will
have little effect on the traffic conditions around the proposed subdivision. site.
Intersection operations will remain within acceptable limits and traffic volumes
will not exceed the limits of the functional classifications of any roadways. The
study states that when the Highway 93 Bypass is in place Sunnyside Drive will
effectively become a collector route. Once this occurs the functional
classification of Sunnyside Drive should be changed to match the increased
traffic the roadway will receive.
10
Sunnyside Drive is currently a county roadway along the portion of the
proposed subdivision and adjacent 2.6 acres requesting annexation into the
city. Information provided by the developer indicates Sunnyside Drive has a
right-of-way width of 40 feet. With the increased traffic from this subdivision
and the increase in traffic Sunnyside will receive once the highway bypass is in
place the Public Works Department is recommending an additional 10 feet of
right-of-way be dedicated along Sunnyside Drive. This dedication would not
only include the portion of the subdivision fronting Sunnyside Drive but the
entire 750± feet of frontage the owners are requesting be annexed into the city.
The additional right-of-way would enable this portion. of Sunnyside Drive to
expand and upgraded to city standards.
Although the Public Works Department has recommended additional right-of-
way dedication along Sunnyside Drive, improvement to Sunnyside Drive to
current city standards will be limited to the 110± feet of frontage the
subdivision has along Sunnyside Drive. For future improvements to Sunnyside
Drive to offset traffic impacts associated with the proposed subdivision the
Public Works Department is recommending the lots within the subdivision
waive their right to protest a future road improvement district for the upgrading
of Sunnyside Drive.
The prelir=' ary plat has indicated the future highway bypass corridor
immediately west of the proposed subdivision site. The highway bypass design
plans received by the planning department in June of 2007 appear to reflect the
proposed Kalispell highway bypass shown on the prelimm* aryy plat. However, it
is important that the proposed subdivision location not interfere with the
proposed highway bypass design and associated right-of-way. Therefore, as a
recommended condition of approval, prior to final plat approval the developer
will need to provide proof, by way of a letter from the Montana Department of
Transportation., that the bypass right-of-way shown on the preliminary plat is
adequate for the construction of the future highway bypass. The location of the
highway bypass right-of-way may effect the western boundary line of the
proposed subdivision, which may in turn effect the number of proposed lots.
Schools: This development is within the boundaries of Kalispell School District
#5. The school districts could anticipate an additional 13 school aged children
might be generated by the subdivision at full build out. This number takes into
account pre --school aged children, home school education options and private
school education options. Not all of the children who live in the subdivision will
be attending public schools. This subdivision would have a potentially
significant impact on the district, particularly on a cumulative level with this
subdivision in addition to other developments pending within the district.
Parks _ and Open Space: The state and local subdivision regulations have
parkland / open space requirements for major subdivisions in the amount of
11% of the combined area of all land to be divided into lots 1'2 acre and smaller.
The area in lots is 6.49 acres creating an average lot sire of 10,870 square feet,
significantly less than 1/2 an acre. 11% of the combined area in lots will require
0.71 acres in park area or cash in lieu equivalent.
11
The developer is proposing a small tot lot, approximately 8,600 square feet in
size, located in the southern portion of the subdivision., adjacent to the future
highway bypass. The park area would also serve as the stormwater detention
area for the subdivision.
The Kalispell Parks and Recreation Department is recommending the parkland
dedication be met by a combination of the proposed parkland as shown on the
preliminary plat and a cash in lieu payment. As stated above, the parkland
shown on the preliminary plat has an area. of 0.198 acres or 8,624 square feet.
The overall park requirements for the subdivision equal 0.71 acres. The
remaining 0.512 acres, the difference between the required parkland and the
proposed park within the subdivision., would be in the form of a cash in lieu
payment. The cash in lieu payment would be used for improvements to the
0.198 parkland within the Ashley Heights subdivision with any remaining
money put into improvements at existing parks in the area.
Improvements to the subdivision park would include, in part, an irrigation
system, grass seeding and tot lot play equipment. Also included within the
parkland would be a bike/pedestrian trail providing access from this
subdivision and surrounding lots to the bike path along the future highway
bypass. The bike/pedestrian path will not count towards the overall park
improvements due to the fact that a bike/pedestrian path is needed in this area
of the subdivision to break up the excessively long block length. The ultimate
design of the parkland would be reviewed and approved by the Parks and
Recreation Department. The parkland would be maintained and owned by the
Ashley Heights Homeowners Association due to its small size.
Police: This subdivision would be in the jurisdiction of the City of Kalispell
Police Department once annexed to the city. 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 once annexed to the city, and the subdivision will be required to
comply with the International Fire code. The fire department is also
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 contractor for at least the
first five years 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, less than
three miles from the site.
E. Effects on Agriculture and agricultural water user facilities: The site is in
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an urbanized area at the fringes of the city limits. There will be relatively no
impact on agricultural uses within the valley due to the surrounding residential
and industrial development of the area and the relatively small size of the
property. No impacts on agricultural water user facilities are anticipated since
this property will be served by a public water system.
�'. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Map
designates this area as Urban Residential development, which anticipates a mix of
primarily single family and duplex dwellings with a density of three to 12 dwelling
units per acre. The proposed subdivision has a density of 3 dwelling units per
acre. This density is in compliance with the anticipated density for this area.
G. Compliance with Zoning: This property has been proposed to be zoned R-2, a
Single Family Residential district. The proposed lot sizes range from 9,600
square feet to 17,880 square feet. Therefore, the proposed lots would comply
with the requested R-2 zoning district.
H. Compliance with the Kalispell Subdivision Regulations: Section 3. o7.P of
the Kalispell Subdivision Regulations requires city blocks to not exceed 1,200
feet in length. The block along the western boundary of the subdivision., lots 12
through 26 including the parr lot, is approximately 1,370 feet in length.
Section 3.07. D of the Kalispell Subdivision Regulations requires a right-of-way,
not less than 15 feet wide, for pedestrian walks where deemed essential to
provide access to common facilities such as parks, playgrounds, streams, and
lakes, or when necessary to break up excessively long blocks.
The Montana Department of Transportation., as part of construction of the
highway bypass, will be constructing a bike path running the entire length of
the bypass. The planning department and parks and recreation department are
recommending that two pedestrian/bike paths be constructed as part of the
subdivision approval. one path would be located within the park area as
shown on the preliminary plat. The other bike/ pedestrian path would be
located raid -block, between lots 20 and 21. The bike/pedestrian path would be
located within a 15--foot right-of-way shown as common area on the plat and
located outside of the individual lots. The bike/pedestrian paths will need to be
either 10 feet wide if asphalt is used or 8 feet wide if concrete is used for
construction of the path. The paths would be constructed from the edge of the
sidewalk west to the western boundary of the subdivision. The purpose of the
paths is to ultimately provide a walking/bike connection between homes in this
and surrounding subdivisions to the future bike path along the highway
bypass.
As discussed under the Noise section of this report, a recommended condition
of approval would require the developer to complete a noise study and mitigate
future traffic noise associated with the highway bypass. This mitigation may
include the use of berms or sound walls. Access to the bike path along the
bypass would still be required as part of the conditions of approval in the areas
described above.
13
Staff is recomunen.di.ng the 15--foot bike/pedestrian right-of-way be located
within a common area of the subdivision and not as an easement on individual
lots in order to eliminate future problems with overall maintenance of the area.
Also, placing the bike pedestrian easement within a common area provides for a
greater separation between the bike path and future houses located to the
north and south on lots 20 and 21.
As part of the recommended conditions of approval staff is recommending a
homeowners association be established to maintain the common areas,
including the aforementioned bike / pedestrian path within the subdivision.
Section 3.06 . G of the Kalispell Subdivision Regulations states that no lot shall
have an average depth greater than three times its average width unless the
average lot width is greater than 200 feet. Proposed lot 5 has an average width
of 06 feet and an average depth of 249 feet. Therefore, lot 5 currently exceeds
the width to depth ratio as stated above by approximately 51 feet. As a
recommended condition of approval lot 5 would be required to be reconfigured
to be brought into compliance with section 3. 06. G of the subdivision
regulations.
RE ObU MENDATIONS
I. Staff recommends that the Kalispell City Planning Board and zoning
Conunission adopt staff report KA-07-11 and recommend that initial zoning of
the 11.1 acre site be R-2 on the zoning district map for the property.
lI. Staff recommends that the Kalispell City Planning Board and zoning
Commission adopt staff' report KPP-07 -7 as findings of fact and recommend to
the Kalispell City Council that the proposed subdivision, Ashley Heights, be
approved subject to the following conditions:
CONDITIONS OF APPROVAL
General Conditions:
1. That the development of the site shall be in substantial compliance with the
application submitted, materials and other specifications as well as any
additional conditions associated with the preliminary plat as approved by the
city council. (Kalispell Subdivision Regulations, Appendix C -- Final Plat)
2. The preliminary plat approval shall be valid for a period of three years from the
date of approval. (Kalispell Subdivision Regulations, Section 2.04) .
3. Prior to any excavation or earthwork, a City Stormwater Management Permit
shall be approved and issued from the Kalispell Public works Department. In
accordance with Ordinance 1600, the permit shall include a permit application,
site map, narrative describing the best management practices to be used and a
completed checklist. In addition to the City Stormwater Management Permit
14
the developer shall submit a copy of the State General Construction Stormwater
Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention
Plan (SWPPP). At the time of finest plat, the project engineer shall certify that the
development is in compliance with the approved City Stormwater Management
Permit. (Ordinance 1600 and Findings of Fact Section C)
Prior to final plat.-
4. A noise study shall be completed prior to the final plat approval. The noise
study shall shove hover a noise level of 60 dBA at the western property boundary
of the subdivision can be achieved. The proposed mitigation measures
contained in the noise study shall be reviewed and approved by city staff and
implemented prior to final plat approval.
Note: This condition may result in the loss of one or more of the proposed lots
shown on the preliminary plat. Reasonable bike and pedestrian access shall be
provided from the subdivision site to the bike path located along the future
highway bypass and not be impaired by sound mitigation measures chooser.
(Findings of Fact Section A)
5. A letter from the Montana Department of Transportation shall be provided
stating that the bypass right-of-way shown on the preliminary plat is adequate
for the construction of the future highway bypass.
Note: The location of the highway bypass right-of-way may effect the western
boundary line of the proposed subdivision, which may in turn effect the number
of proposed lots. (Findings of Fact Section D)
6. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design and.
Construction and Montana Public Works Standards and shall be certified in
writing by an engineer licensed in the State of Montana. The new
infrastructure includes the internal access roadway searing the lots within the
subdivision and the approximately 110 feet of frontage along Sunnyside Drive.
All design work shall be reviewed and approved in writing by the Kalispell
Public Works Department prior to construction. This infrastructure shall
include but not be limited to streets, street lighting, street signage, curb, gutter,
boulevard and sidewalks. (Kalispell Design and Construction Standards,
project proposal)
7. 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 surer main extension
plans shall be reviewed and approved by the Kalispell Public Works
Department. Prior to final plat, a certification shall be submitted to the Public
Works Department stating that the water and sewer mains have been built as
designed and. approved. (Kalispell Design and Construction Standards)
S. The developer shall submit to the Kalispell Public Works Department for review
and approval, a stormwater report and an engineered drainage plan that meets
15
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. (Kalispell Design and Construction
Standards)
9. 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. (Kalispell Design and
Construction Standards)
10. An additional 60-foot wide public road and utility easement shall be dedicated
to the City of Kalispell on the south end of lot 3 from the edge of the road right-
of-way of the internal city street east to the eastern boundary of the subdivision
site. (Findings of Fact Section D)
11. An additional 10--feet of road right-of-way shall be dedicated to the City of
Kalispell for the area adjacent to Sunnyside Drive requesting annexation. This
length is approximately 780 feet of frontage as shown on the preliminary plat.
(Findings of Fact Section D)
12. The developer shall clarify the purpose of the 60-foot private road and utility
easement located on the eastern portion of lot 4 and determine whether lot 4
can legally use the portion of the easement. If lot 4 cannot legally use the
easement, they shall either terminate that portion of the easement or otherwise
place a barrier fence, m * m urn of 4 feet high, along the property boundaries of
lot 4 within the easement to prohibit use of the easement to access the eastern
portion of lot 4. (Findings of Fact Section A)
13. The following requirements shall be met per the Kalispell Fire Department and
so certified in writing by the Fire Department: (Kalispell Subdivision
Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per
City specifications at approved locations. Mlm*mum fire flours shall be in
accordance with International Fire Code (2003) Appendix B.
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 (2003) Chapter 5.
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.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the
road as "no parking fire lane."
14. 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
16
lieu payment for installation of the street trees and groundcover provided to the
Kalispell Parrs and Recreation Department. (Kalispell Subdivision Regulations,
Section 3.11)
15. A bike/pedestrian right-of-way, 15 -feet wide, shall be shown on the final plat in
the area of lots 20 and 21 and within the park area.
a. A bike/ pedestrian path shall be constructed from the edge of the
sidewalks along the internal subdivision road and extend west to the
wrestern boundary of the subdivision and are ultimately intended to
connect to the bike path adjacent to the Highway 93 bypass.
b. The bike/pedestrian path shall be a minimum width of 10 feet (asphalt)
or 8-feet (concrete).
C. The bike/pedestrian path shall be included in the infrastructure plans
reviewed by the Public Works Department. (Findings of Fact Section H
and Kalispell Subdivision Regulations Section 3.07.D)
16. The parkland dedication requirements shall be met by a combination of parkland
dedication and payment of cash in lieu of parkland equal to 0.71 acres of land.
The parkland shall be a mu* u' rnum of 0.198 acres (8,624 square feet) in the area
shown on the preliminary plat. The remain* m' g 0.512 acres shall be in the form
of improvements to the subdivision park such as an irrigation system, grass
seeding and tot lot play equipment with any remaining money put into
improvements at existing parks in the area. The ultimate improvement design
of the park would be reviewed and approved by the Parks and Recreation
Department. The 0.512 acres of cash in lieu payment shall be based on the fair
market value of undivided, unimproved land.
Note: The bike/pedestrian path will not count towards the overall parr
improvements due to the fact that a bike/pedestrian path is needed in this area
of the subdivision to break up the excessively long block length. (Kalispell
Subdivision Regulations, Section 3.19 and Findings of Fact Sections D and H).
17. The road within the subdivision shall be named and signed in accordance with
the policies of the Kalispell Public works Department and the Uniform Traffic
Control Devices Manual and be subject to review and approval of the Kalispell
Fire Department. 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. (Kalispell Subdivision. Regulations, Section 3.09)
18. 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 proper -des. A letter
from. the Kalispell Public works Department shall be obtained stating that the
required easements are being shown on the final plat. (Kalispell Subdivision
Regulations, Section 3.18)
19. Prior to filing the final plat a letter from the US Postal Service shall be included
17
stating the Service has reviewed and approved 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 sideway or
proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22)
20. Street lighting shall be located within the subdivision and shall have a full
cutoff lens so that it does not intrude unnecessarily onto adjoining properties.
(Kalispell Subdivision Regulations Section 3.09(L))
21. The following statement shall appear on the final plat: "The undersigned hereby
grants unto each and every person, firm or corporation, whether public or private,
providing or offering to provide telephone, telegraph, electric power, gas, cable
television, water or sewer service to the public, the right to the joint use of an
easement for the construction, maintenance, repair, and removal of their lines
and other facilities, in, over, under, and across each area designated on this plat
as "Utility Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section. 3.18(E))
22. A homeowners association for the subdivision shall be created that includes a
provision for the maintenance of the bike paths, stormwater facilities, parkland,
noise mitigation (i.e. sound wall or earth berm) and the open space areas within
the subdivision. The maintenance provisions in the homeowners association
shall include mowing or trimming the grasses within the common area to
reduce the fire hazard and spread of noxious weeds. (Findings of Fact Sections
A, C, D and H)
23. 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 is prohibited unless approved by
the Kalispell Department of Parks and Recreation.."
24. 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 in the area to City standards which are impacted by this
subdivision." (Findings of Fact Section D)
25. Lot 5 shall be reconfigured to be brought into compliance with section 3. o6.G of
the subdivision regulations. (Kalispell Subdivision Regulations, Section 3.06(G)
and Findings of Fact Section. H)
26. That a minimum of two-thirds of the necessary infrastructure for this
subdivision shall be completed prior to final plat approval. (Findings of Fact
Section A)
On going conditions:
UK
27. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
28. All areas disturbed during development shall be re -vegetated with a weed -free
mix immediately after development.
19
City of Kalispell
Planning Department
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
MAJOR SUBD]WISION PRELIMINARY PLAT APPLICATION
FEE SCHEDULE: FEE ATTACHED 3480
Major Subdivision (6 or more Tots)
$750 + $105/lot
Mobile Home Parks 8s Campgrounds (6 or more spaces)
$750 + $105/space
Amended Preliminary Plat
Amendment to Conditions Only
$350 base fee
Re -configured Proposed Lots
Base fee + $40/lot
Add Additional Lots or Sublots
Base fee + $105/lot
Subdivision Variance
$100 (per variance)
Commercial and Industrial Subdivision
$950 + $125/lot
SUBDIVISION NAME: Ashley Heiahts
owxEMs) of RECORD.0
Name Ashle Hei is LLC Phone 2 57 -1 C82
Mailing Address 3300 ILwy 2 west
City _Kalispell State Montana Zip9901
TECIiNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
Name & Address- Sands Survodng 2 villa e LogKalil ell Montana 59901
Name & Address 48 North En eerie
Name & Address
LEGAL DESCRIPTION OF PROPERTY:
Property Address 1204 Sunn side Drive
Assessor's Tract No(s)
10
Lot No(s)
Gov't Lot 1
1/4 Sec Section 19 Township 28N Range 21 W
GENERAL DESCRIPTION OF SUBI]MSION:
Number of Lots or Rental Spaces 26 'Total Acreage in Subdivision 8.515
Total Acreage in Lots 6.491- Minimum Size of Lots or Spaces 9.600 sf
Total Acreage in Streets or Roads 1.826 Maximum Size of Lots or Spaces _ 17,886 sf
Total Acreage in Parks, open Spaces and/or Common Areas 0.198
1
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family 26 Townhouse Mobile Home Parr
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi --Family Other
APPLICABLE ZONING DESIGNATION 8& DISTRICT R- 2
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS $50,000 ner acre
IMPROVEMENTS TO BE PROVIDED:
Roads: Gravel Paved x Curb Gutter . x Sidewalks Alleys Other
Water System: Individual
Multiple User Neighborhood Public _ _ x _Other
Server System: Individual
Multiple User Neighborhood Public x Other
Other Utilities: Cable TV
xTelephone x Electric x Gas x Other
Sold Waste: Home Pick Up
xCentral Storage Contract Hauler Owner Haul
Mail Delivery: Central ^ x
Individual school District: _ 5
Fire Protection: Hydrants
xTanker Recharge Fire District:
Drainage System: -Drainage to be designed and installed according -to DEQ regulations
PROPOSED EROSION/ SEDIMENTATION CONTROL: Prior to construction a
SWIP will be submitted to the State of Montana and Public works for their
review. Mitijzation outlined in the SNIP will be implemented.
VARIANCES: ARE ANY VARL4ACES REQUESTED? no (yes/no) If yes,
please complete the information below:
SECTION OF REGULATIONS CREATING ELARDSHIP:
E"LAIN THE HAT211S.HIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE
WITH REGULATIONS
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE
REGULATIONS:
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW:
N
1. will the granting of the variance be detrimental to the public health, safety or
general welfare or injurious to other adj om' m* g properties?
2. will the variance cause a substantial increase in public costs?
3. will the variance affect, in any manner, the provisions of any adopted zoning
regulations, Master Plan or Growth Policy?
4. Are there special circumstances related to the physical characteristics of the site
(topography, shape, etc.) that create the hardship?
5. what other conditions are unique to this property that create the need for a
variance?
3
PLICATION CONTENTS: Al
The subdivider shall submit a complete application addressing items below to the
Kalispell Planning Department at least thirty five (35) days prior to the date of the
Planning Board meeting at which it will be beard.
l . Preliminary plat application.
2. 10 copies of the preliminary plat.
3. One reproducible set of supplemental information. (See Appendix A of
Subdivision Regulations for the city where the subdivision is proposed.)
4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size.
5. Application fee.
6. Adjoining Property Owners List (see example below and attached notice
from County Plat boom}:
Assessor# Sec -Tram -Rai LotlTract No Pro a Owner & Maffing Address
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application., to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be untrue, I understand that any
approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be
present on the property for routine monitoring and inspection during the approval and
development process.
......................
Applicant)
(Date)
MM Montana Department of Transportation Jim Lvnch, Director
servirmffyou wimPrfde 2701 Prospect Avenue Bricn Scnwei�zer. Governor
FQ 3ox 20 1001
Keieno MT .579620- i 001
February 22, 2007 �7 9 5 T
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10
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1 E
Sean Conrad
Senior Planner28 07
City of Kalispell
...
17-2nd St Fast, Suite 211 KR
#�PE'LFlo-ANNING + � -
Kalispell, NTT 59901
Subject: Ashley Heights Subdivision Ashlev Park Phase 9 and willow Creek
'S11hrii�inn
Dear Sean,
r am in receipt of three subdivision proposals adjacent to the proposed Kalispell Bypass. The willow
Creek Subdivision I comm ented on in October of last year. The comments in my last letter are still
relevant, and I will expand on some of my explanations here, and provide you with additional
information you may find useful.
You have now indicated that the developer is seeking the consultation of an acoustical consultant
because your office recommended the residential structures be at or within the 60 dBA contour line,
which was created along with other noise contours, when MDT analyzed noise along the Kalispell
Bypass as part of the environmental process. I agree that seeking the assistance of a noise specialist is
very beneficial. There are many building methods and materials that can be incorporated into new
construction to mitigate interior noise levels. If exterior noise levels are a concern, then mitigation in
the form of berms, barriers or setback distances is needed to be protective. Berms and barriers must be
designed to be effective, and vegetation alone cannot reduce noise levels unless it is sufficiently dense
and thick. The following quote is from a FHwA publication found on their website
(httT):/ www. fliwa. dot. c)rovlenvironnientlhtnoise.htrn):
Vegetation, if high enough, wide enough, and dense enough (cannot be seen through), can
decrease highway traffic noise. A ?00foot width of dense vegetation can reduce noise by 10
decibels, which cuts the loudness o� f `tra c noise in half. It is often impractical to plant enough
vegetation along a road to achieve such reductions; however, if dense vegetation already
exists, it could be saved. If it does not exist, roadside vegetation can be planted to create
psychological relief, zf not an actual lessening of traffic noise levels.
Much of what I said in my previous letter to you applies to these new proposed subdivisions. Perhaps
a good way to begin discussion of the proposals and any potential noise impacts that would result from
the bypass or other highways (such as Foys Lake Road); is to summarize MDT's policy on noise and
noise abatement.
MDT is required, through ? 3 CFI. 772 to conduct noise analyses for any federal -aid projects that
involve the addition of through travel lanes, or when the alignment of an existing facility is
significantly changed, or when anew road is built in anew location (like the Kalispell Bypass). If
noise impacts are predicted to occur, or are already occurring along the project corridor, then MDT is
required to evaluate noise abatement measures, which could include the construction of noise barriers
or berms, or shifting the ali anment to reduce or eliminate the impacts. Before such abatement
�nvironrnental .Serv+ces Bureau _ _ - =ngin rin Divisi ,n
Phone: (4061 4.44-7: tea" ice'_ (800) 335-7``02
measures can be incorporated into the project, they must be found to be reasonable and feasible. These
terms are defined in MDT's noise policy, but to summarize, feasibility pertains to the constructability
of the noise abatement. For example, can a noise barrier be built that will actually reduce noise
significantly, not be too tall, not cause a safety problem, or does not have some other "fatal flaw?"
Reasonableness is more subjective and involves a number of factors such as the cost and effectiveness
of the noise abatement, and number of residences benefited; whether the developments pre -date the
existing highway or not; what the opinions of the affected residents are; comparison of existing and
future noise levels; and ghat local governments are doing to ensure new noise impacts are not created
for developments adjacent to MDT' s roadways. NOT carefully weighs all these factors before
deciding on noise abatement. DTT "s noise policy is currently being re -written and will contain a
provision stating that local jurisdictions who are not incorporating noise compatible planning or noise
mitigated development requirements into their policies and regulations, may not qualify for- federal -aid
noise abatement on future EMT pro fects.
For the Kalispell Bypass, MDT concluded that there are two locations where noise abatement would
satisfy much of the reasonableness and feasibility criteria for barriers, outside of seeing public input.
Those locations include the developments south of Sunnyside and north of Three Mile Drive that were
built or platted as of August 9, 2005. Developments that are platted after that August date, such as the
ones you have forwarded to my office, would not be eligible for federal -aid noise abatement, such as
barriers, until such a time that the Kalispell Bypass would become a sixty -lane facilxtyi
I will draw your attention to the facts I presented in my last Leiter, pertaining to the line of sight and the
length a barrier must extend beyond homes to prevent wrap -around noise. The figures below illustrate
these concepts. The height a barrier must be to break the line of sight is dependent upon where the
noise barrier is located (edge of pavement versus property line), and the elevation difference between
the homes and the roadway.
The figure below illustrates the length a barrier must be to protect the end -of -row homes. For the
barrier proposed in the area south of Sunnyside Drive, the barrier length would have to extend a
distance of "4D" beyond the last residence that was modeled. It is likely then, that MDT's proposed
barrier will extend into the new proposed subdivisions (Ashley Heights and Ashley Park Phase 9), but
would not effectively block noise to those homes.
Roadway
Noise
71
N OLse-S eai6i-cave. Receivevt
MDT may entertain in the future, providing an encroachment pennit for a developer -built barrier, but
we currently have no policy in place to allow that. If there is a case that a developer proposes a barrier
to be contiguous with one on MDT right-of-way, it would have to match the existing barrier in
aesthetics and all specifications. An option to the " 4D" rule for barrier length, is to wrap the harrier
around the last receivers. This works fairly well, when properly designed, to protect the last homes on
a block when a continuous straight barrier cannot be constructed because of cross streets.
The City of Kalispell may consider approving developer --built barriers on the developed property if
recommended setbacks are not achievable. I recommend you refer to the report, "Traffic Noise m
Montana: Community Awareness and Recommendations for a Rural ,State" by Reiter et al, for some
examples of noise -mitigated development (Section 6.2 of that report) .
When looking at noise levels that are protective of human health, you can refer to the Traffic Noise
report I refer to above. A variety of noise levels are used around the country for establishing setbacks
that will protect the quality of life for residents along busy roadways. One thing to be conscious of,
and I mentioned this in the last letter, is the noise descriptor used. The Leq noise descriptor used on
the contour maps for the Kalispell Bypass is an average sound level recorded over a given amount of
time, for example, hourly. Highway noise impact studies are conducted for the worst --case hourly
noise level. So an Leq of 60 dBA would represent the worst hourly noise level we would expect on a
roadway at a certain distance. This works well if the worst case noise levels are during daylight hours.
However, on a roadway where trues are prevalent, such as a truck bypass, an Leq of 60 dBA may not
be protective of sleep. often, truck volumes increase in evening hours and can easily dominate the
noise mix on a highway. Another noise descriptor is used to represent 24 hour noise levels, the Ldn.
This descriptor takes nighttime noise into consideration, and is the descriptor used for airport and rail
noise. Ldn is the A --weighted equivalent sound level for a 24 hour period with an additional 10 dB
unposed on the equivalent sound levels for night time hours of 10 p.m.. to 7 am. If MDT constructs
noise contours in the future, we hope to use the Ldn descriptor to better represent nighttime and
daytime conditions, which should assist you in your planning efforts.
I hope this letter has clarified some of your questions. Please call me if you wish to discuss any of this
information further.
Sincerely,
Cora G. I4elm, P.G.
Highway Traffic Noise Specialist
406-444-7659/cohelm cc.mt.aov
copy: Dwane Dailey, MDT Missoula District Administrator
Preliminary Plat of:
Ashley Heights
18 (sov't Lot 19 See.19, T.28N., R.21W., P.M.,M.,
Flathead County, MonfanA
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