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Staff Report/PUD and Preliminary PlatCity of Kalispell Planning Department 17 - 20d Street East, Suite 211 Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT The Resubdivision of Lot 1 of Minor Subdivision Plat Number 117 Planned Unit Development (PUD) overlay district and Preliminary Plat request MEETING DATE: February 5, 2007 BACKGROUND: The Kalispell Planning Board met on January 9, 2007 and held a public hearing to consider a request for a Planned Unit Development (PUD) overlay district and preliminary plat approval for 7 lots on approximately 4 acres along Denver Avenue. The property proposed for the PUD and the preliminary plat request is located on both the east and west sides of Denver Avenue at 60 Denver Avenue. It can be described as Lot 1 of Minor Subdivision Plat Number 117 located in the NW 1/4 of Section 19, Township 28 North, Range 21 West. Sean Conrad of the Kalispell Planning Department presented staff report #KPUD-06-8, and #KPP-06-18 and evaluated the proposal. He noted the proposed deviations in the requested PUD and how the proposed subdivision was consistent with the Kalispell Growth Policy. At the public hearing Olaf Ervin from Montana Mapping Associates spoke in favor of the subdivision and PUD. One other person, Kathleen Lusk, discussed her concerns with stormwater drainage on the site now and how future development of the site would need to address stormwater and its impacts to neighboring property owners. No one else wished to comment on the proposal. After the public hearing the board discussed the proposal and a motion was made to recommend approval of the requested PUD for the property subject to the conditions listed in the staff report and approval of the preliminary plat subject to the conditions listed in the staff report. The motion passed unanimously. RECOMMENDATION: A motion to approve the first reading of the ordinance for the planned unit development with 3 conditions recommended by the planning board, and a motion to approve the preliminary plat with the 22 conditions recommended by the planning board would be in order. Page 2 FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully sub*tted, Sean Conrad am es atrick Senior Planner City Manager Report compiled: January 29, 2007 Attachments: Exhibit A - Recommended conditions for the Planned Unit Development and Preliminary Plat Cost of Services Analysis Staff report #KPUD-06-8, and #KPP-06-18 and application materials Minutes from the 1/9/07 planning board meeting c: Theresa White, Kalispell City Clerk City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com January 30, 2007 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: The Resubdivision of Lot 1 of Minor Subdivision Plat Number 117 - Planned Unit Development (PUD) overlay district and Preliminary Plat request Dear Jim: The Kalispell Planning Board met on January 9, 2007 and held a public hearing to consider a request for a Planned Unit Development (PUD) overlay district and preliminary plat approval for 7 lots on approximately 4 acres along Denver Avenue. The property proposed for the PUD and preliminary plat request is located on both the east and west sides of Denver Avenue at 60 Denver Avenue. It can be described as Lot 1 of Minor Subdivision Plat Number 117 located in the NW 1/4 of Section 19, Township 28 North, Range 21 West. Sean Conrad of the Kalispell Planning Department presented staff report #KPUD-06-8, and #KPP-06-18 and evaluated the proposal. He noted the proposed deviations in the requested PUD and how the proposed subdivision was consistent with the Kalispell Growth Policy. At the public hearing Olaf Ervin from Montana Mapping Associates spoke in favor of the subdivision and PUD. One other person, Kathleen Lusk, discussed her concerns with stormwater drainage on the site now and how future development of the site would need to address stormwater and its impacts to neighboring property owners. No one else wished to comment on the proposal. After the public hearing the board discussed the proposal and a motion was made to recommend approval of the requested PUD for the property subject to the conditions listed in the staff report and approval of the preliminary plat subject to the conditions listed in the staff report. Please schedule this matter for the February 5, 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 Timothy Norton President Attachments: Staff Reports KPUD-06-8 8& KPP-06-18 Minutes from the 1/9/07 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Abigail Fredrick c/o Janet Cahill P.O. Box 1401 Kalispell, MT 59903 Montana Mapping Associates, Inc. Attn: Olaf Ervin 1405 Hwy 2 West Kalispell, MT 59901 EDIT A ABIGAIL FREDRICK CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD JANUARY 9, 2007 PUD Conditions 1. The Planned Unit Development allows the following deviations from the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance: A. Kalispell Subdivision Regulations, Section 3.11, A (Sidewalks), requiring sidewalks on both sides of the access roadway into the subdivision up until the required "T" turnaround for the fire department. Striping shall be used across the turnaround area showing the pedestrian travel way. ADA access ramps shall be utilized in the overall design of the sidewalks within the subdivision. B. Kalispell Zoning Ordinance, Section 27.06.040 (1) a minimum lot size of approximately 5,630 square feet for lot 6 and 6,643 square feet for lot 5. 2. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 3. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. Subdivision Conditions General Conditions: 4. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 5. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). Prior to final plat: 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. 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. In addition to the new City street within the subdivision Denver Avenue, as it fronts the subdivision, shall be improved to the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. (Kalispell Design and Construction Standards) 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. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/ sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 10. 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) 11. 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 a fire lane. 12. The decking associated with the building on lot 4 shall be brought into compliance with regards to setbacks. (Findings of Fact, Section G) 13. All buildings on the preliminary plat designated as being removed shall be removed as well as the associated foundations. (Preliminary Plat) 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. The area designated on the plat as "park" shall be dedicated to the City of Kalispell. (Findings of Fact, Section D, Parks and Open Space) 16. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard and placement of any other kind of materials is prohibited unless approved by the Kalispell Department of Parks and Recreation." 17. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades to Denver Avenue." (Findings of Fact, Section D, Roads) 18. 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) 19. An easement shall be dedicated to the City of Kalispell on lot 7 large enough to accommodate an approved turnaround for emergency vehicles. (Findings of Fact, Section D, Roads) 20. 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) 21. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22) 22. 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)) 23. 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)) On going conditions: 24. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 25. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. ABIGAIL FREDRICK REQUEST FOR A PLANNED UNIT DEVELOPMENT STAFF REPORT #KPUD-06-8 REQUEST FOR SUBDIVISION APPROVAL FOR THE RESUBDIVISION OF LOT 1 OF MINOR SUBDIVISION PLAT NUMBER 117 STAFF REPORT #KPP-06-18 KALISPELL PLANNING DEPARTMENT DECEM 3ER 26, 2006 A report to the Kalispell City Planning Board and the Kalispell City Council regarding the request a Planned Unit Development (PUD) and preliminary plat approval for 7 lots on a 4 acre property located on the east and west sides of Denver Avenue. A public hearing has been scheduled before the planning board for January 9, 2007, beginning at 7:00 PM in the Kalispell City Council Chambers. The planing board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION: The Planning Board and City Council recently reviewed a request on the same property for annexation and initial zoning of R-3, Urban Single Family Residential. At the October 10th Planning Board hearing the Board unanimously recommended the R-3 zoning be placed on the property upon annexation. At the Council's November 6th meeting, the Council unanimously approved both the annexation, Resolution 5157, and initial zoning of R-3, Ordinance 1592. The property owner is now requesting a Planned Unit Development overlay district and subdivision to create 7 residential lots. This staff report will address both requests, the planned unit development overlay district and preliminary plat that the owner is seeking on the property. Each request will be reviewed with a recommendation and unified set of conditions at the end of the report on page 14. A. Petitioner and Owners: Abigail Fredrick c/o Janet Cahill P.O. Box 1401 Kalispell, MT 59903 752-4735 Technical Assistance: Montana Mapping Associates, Inc. 1405 Hwy 2 West Kalispell, MT 59901 752-3539 B. Location and Legal Description of Property: The property is located on both the east and west sides of Denver Avenue at 60 Denver Avenue. It can be described as Lot 1 of Minor Subdivision Plat Number 117 located in the NW 1/4 of Section 19, Township 28 North, Range 21 West. C. Existing Land Use and Zoning: The property is currently developed with a tri- 14 E. F. G. plex and several out buildings. The property is zoned R-3, Urban Single Family Residential. Looking west at the proposed subdivision site from the east side of Adjacent Land Uses and Zoning: North: Single-family homes, City R-4 zoning East: Single-family homes, County R-1 zoning South: Single-family homes, City R-3 zoning West: Single-family homes, City R-4 zoning General Land Use Character: : The general land use character of this area can be described as primarily residential with a mix of duplex and single family homes. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: Private contractor Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: Centur Tel Schools: School District #5 Fire: Kalispell Fire Department Police: City of Kalispell Overall Project Description: The project involves approximately 4 acres of land on both the east and west sides of Denver Avenue. The owner is requesting to subdivide the property into seven lots ranging in size from 5,600 square feet to 29,500 square feet. The property currently has a tri-plex and several outbuildings. The proposal would keep the 2 tri-plex and include it on lot 4. The remaining outbuildings will be removed. The seven lots would be located on the west side of Denver Avenue which includes approximately 2.7 acres of the total 4 acre project site. The property on the west side is fairly level throughout and is adjacent to the Sunnyside Subdivision on the west and Lonepine View Estates Subdivision on the south. The remaining 1.36 acres of land on the east side of Denver Avenue is proposed for parkland. The owner is also requesting a PUD overlay district to allow two lots, lots 5 and 6, to be less than 7,000 square feet, the minimum square footage for a lot within the R-3 zoning district. The PUD request also includes a deviation from the road designs standards requiring sidewalks on both sides of the roadway. I. EVALUATION BASED ON STATUTORY CRITERIA FOR PROPOSED PUD OVERLAY 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. and Section 27.30.020, Kalispell Zoning Ordinance. Does the requested zone comply with the growth policy? The property is designated by the Kalispell Growth Policy future land use map as "Urban Residential" which anticipates residential development with a density of between 3 to 12 dwelling units per acre. The property is already zoned R-3 and the proposed PUD overlay would not increase the allowable density under the R-3 zoning district, rather allow some flexibility in lot sizes to accommodate the overall uses the owner has planned for the site. 2. Is the requested zone designed to lessen congestion in the streets? The proposed PUD district would not increase the amount of traffic outside of that permitted within the existing R-3 zoning district. Future traffic due to the development of the land under the PUD can be accommodated with the existing roadway systems at hand and the new internal road that will be developed as part of the subdivision on the site. The proposed zoning carries with it the checks and balances, including the need for subdivision review, which will insure that traffic flows and access are appropriately addressed. 3. Will the requested zone secure safety from fire, panic, and other dangers? At the time this property is developed, the property owner will be required to insure that there is adequate infrastructure in the case of an emergency. There are no features related to the property which would compromise the safety of the public. 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 police and fire protection, water and sewer service is available to the property. 4. Will the requested zone promote the health and general welfare? 3 The requested zoning classifications will promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties and provides a place for new housing in the community. 5. Will the requested zone provide for adequate 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. 6. Will the requested zone prevent the overcrowding of land? The anticipated densities of the proposed PUD zoning district fall within the land R-3 zoning densities for the site. All 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 requested zone avoid undue concentration of people? Permitted and conditional use standards contained in the existing R-3 zoning district as well as subdivision development standards will avoid the undue concentration of people at the time the property is developed. 8. Will the requested zone facilitate the adequate provision of transportation water, sewerage, schools, parks, and other public requirements? 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, and drainage would be installed in 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, ambulance and public access 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. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed PUD zoning district would maintain the single-family residential character which is consistent with the surrounding zoning and land uses in the area. Based on the location of the property and corresponding uses and densities, the requested PUD zoning does give consideration to the particular suitability of the property for particular uses. 10. Does the requested zone give reasonable consideration to the character of the district? 4 The general character of the area is residential. The proposed PUD zoning allows this development to address needs within the community for housing on varying lot sizes. It appears that the proposed rezoning gives reasonable consideration to the character of the district. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the underlying zoning of R-3 will promote compatible and like uses on this property as are found on other properties in the area. The proposed PUD does not seek to deviate from the surrounding land uses. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale residential development should be encouraged in areas where services and facilities are available such as is being proposed on this parcel. The proposed zoning is consistent with the future land use designations for the area and surrounding zoning. EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL: Project Narrative: Nature of the Request: This is a request for a Planned Unit Development (PUD) zoning overlay on a 4 acre project site. The PUD application is requesting two deviations or relaxations from the Kalispell Zoning Ordinance and Kalispell Subdivision Regulations. The two relaxations are as follows: 1. Kalispell Subdivision Regulations, Section 3.11, A (Sidewalks) This section requires sidewalks on both sides of the street in all residential and commercial subdivisions. The owner is requesting placing a sidewalk on both sides of the access road into the subdivision however the sidewalks would not be constructed around the entire "'I" turnaround. 2. Kalispell Zoning Ordinance, Section 27.06.040 (1) (Minimum lot size in the R-3 zoning district) This section requires a minimum lot size of 7,000 square feet for new lots created in the R-3 zoning district. The owners are requesting that two lots, lots 5 and 6, be under the minimum at 6,643 square feet and 5,630 square feet respectively. Criteria for the Creation of a Planned Unit Development (PUD) District The following information and evaluation criteria are from Section 27.21.020(2), of the Kalispell Zoning Ordinance. The intent of the planned unit development provisions are to provide a zoning district classification which allows some flexibility in the zoning regulations and the mixing of uses which is balanced with the goal of preserving and 5 enhancing the integrity of the neighborhood and the environmental values of an area. The zoning ordinance has a provision for the creation of a PUD district upon annexation of the property into the city. Review of Application Based Upon PUD Evaluation Criteria: The zoning regulations provide that the planning board shall review the PUD application and plan based on the following criteria: 1. The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest; As stated above the owners are requesting two relaxations in the zoning and subdivision regulations. Kalispell Subdivision Regulations, Section 3.11, A (Sidewalks) This section requires sidewalks on both sides of the street in all residential and commercial subdivisions. The owner is requesting placing sidewalks on both sides of the access road however the sidewalks would not be extended around the entire "T" turnaround. Instead, pavement stripping would be used. As this relaxation would apply to only the end of the proposed access roadway into the subdivision and sidewalks will be constructed up to the lot 7, the absence of sidewalks around the "T" turnaround will not be significant and future development of lot 7 will most likely incorporate a pedestrian path from the use on the property to the sidewalks located along the access roadway. 2. Kalispell Zoning Ordinance, Section 27.06.040 (1) (Minimum lot size in the R-3 zoning district) This section requires a minimum lot size of 7,000 square feet for new lots created in the R-3 zoning district. The owners are requesting a minimum lot size of 5,630 square feet for lot 6 and 6,643 square feet for lot 5. Included with the PUD application is a subdivision application to create 7 lots ranging in size from 5, 630 square feet to approximately 29,500 square feet. As stated in the PUD application, the owner is requesting the smaller lot sizes for two of the lots in order to sell the lots and help defray the cost of a future building on lot 7. The PUD application also notes that the request for two smaller lots sizes in the R-3 is more than compensated for by the larger size of the remaining lots. Planning staff does not have a concern with allowing the two smaller lots to be created in this particular case for several reasons; first, the area surrounding the project site is in an urbanized area which includes townhomes with lot sizes ranging from 4,500 square feet to 6, 500 square feet. Furthermore, the smaller lots are proposed within the subdivision with lots conforming to the R-3 zoning district placed along Denver Avenue. This provides the continuity of the R-3 lot size and land uses along Denver Avenue which previous subdivisions such as Lonepine View Estates have established in the area. Also, as noted in the PUD application, the smaller lots would be offset by two C1 larger lots, lots 4 and 7. The owner is not trying to maximize the density on the land rather provide for a variety of lot sizes for the future construction of single-family homes. 2. The nature and extent of the common open space in the planned development project, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; The developer is proposing to dedicate to the City of Kalispell a 1.36 acre of land adjacent to Ashley Creek for parkland. The City's Parks and Recreation Department is recommending the city accept the parkland dedication and the property at this time would be used for passive recreation with little improvements on it. The Parkland will provide some needed open space and access to Ashley Creek both of which are not prominent in this neighborhood. The owner is requesting a 7 lot subdivision of single-family lots and the proposed open space meets the needs for the added number of people who would live within the 7 lot subdivision. 3. The manner in which said plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light or air, recreation and visual enjoyment; The developer will be required to extend municipal water and sewer to the site. Denver Avenue will be upgraded to include curbs, gutters, a landscaped boulevard and sidewalks on both sides of the roadway as it fronts the project site. The access roadway into the subdivision will be built to city standards except for the portion of the "T" turnaround. With the roadways upgraded or constructed, the PUD will provide for adequate controls over vehicular traffic. The proposed parkland and open space areas are discussed above in section 2 which provide the recreation component of the PUD and accompanying subdivision and aid to further the visual enjoyment of the area. 4. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established; The project is proposed in an established residential area within the City of Kalispell. Lonepine View Estates, located to the south, is made up of single-family residential lots. The Sunnyside Subdivision Phase 2, located immediately west of the project site, is made up of a mixture of single-family and duplex units. The properties north and east of the project site are built with single family residences. The proposed PUD would maintain the residential character of the area. The lots fronting Denver Avenue, lots 1, 2 and 3 will all be 7,000 square feet in size or larger, complying with the existing R-3 zoning district and maintaining the lots size and land use which are predominately seen along the north end of Denver Avenue. The smaller lots, lots 5 and 6, will be located within the subdivision itself; however these lots would still be used for detached single family homes. The proposed PUD would not be adverse to the surrounding neighborhood because of its limited deviations from the subdivision and zoning standards all of which would be within the subdivision. The outward appearance of the 7 project would still maintain the neighborhood character as discussed in section 1. S. In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the plan which finding shall be made only after consultation with the city attorney; The developers are anticipating that the project would be completed in one phase. A subdivision is being submitted concurrently with the PUD which will have conditions of approval that must be met prior to the filing of the final plat that would allow the conveyance of lots. A standard condition of approval is that two-thirds of the required infrastructure be completed prior to final plat approval which insures that the primary and essential aspects of the needed infrastructure be completed. A bond or other guarantee can be filed with the City of Kalispell in the amount of 125 percent of the remaining required infrastructure to insure the completion of the project. Remaining improvements are generally completed within one year of the filing of the final plat. 6. Conformity with all applicable provisions of this chapter. No other specific deviations from the Kalispell Zoning Ordinance can be identified based upon the information submitted with the application other than those addressed in the beginning of this report. 11. REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT OF THE RESUBDIVISION OF LOT 1 OF MINOR SUBDVISION PLAT NUMBER 117 This application is reviewed as a major subdivision in accordance with statutory criteria and the Kalispell City Subdivision Regulations. The subdivision includes dividing a 4.08 property into 7 lots ranging in size from approximately 5,600 square feet to 29,500 square feet with a parkland dedication of 1.36 acres. A. Effects on Health and Safety: Fire: The property would be considered to be at low risk of fire because the subdivision and homes within the subdivision would be constructed in accordance with the International Fire Code and have access which meets City standards. All of the lots within the subdivision will abut a street that has been constructed to City standards. Hydrants will be required to be placed in compliance with the requirements of the International Fire Code and approved by the Fire Marshal. The fire access and suppression system should be installed and approved by the fire department prior to final plat approval because of potential problems with combustible construction taking place prior to adequate fire access to the site being developed. Flooding: Flood Insurance Rate Map community panel number 300023 1815 revised in September of 1992 indicates a portion of the proposed parkland to be within the 100 year floodplain. The proposed lots located on the west side of Denver Avenue are outside of any designated 100-year floodplain. Access: Access to the subdivision will be from Denver Avenue, a City road in fair condition. A new internal roadway will provide access to the proposed lots and be constructed to City standards. The new roadway will end in a "T" in order to allow EQ fire equipment to turnaround. B. Effects on Wildlife and Wildlife Habitat: Chapter 7 of the Kalispell Growth Policy, Goal 4, states, "Development should be compatible with important wildlife habitat and travel corridors as identified in Appendix A." Appendix A, Resources and Analysis Section, of the Kalispell Growth Policy provides a series of maps indicating important riparian wildlife habitat, and habitat areas for White Tailed Deer, mountain lions, elk, Mule Deer, and moose. These habitat maps are based on information provided by the Montana Fish, Wildlife and Parks Information Services Unit_ The 4 acre project site falls within an area of White Tailed Deer density of less than 15 per square mile. This density designation is also found throughout the City of Kalispell and areas to the north and west of the City. The resource section of Appendix A states that the areas with the greatest densities of White Tailed Deer are those areas with the highest white tailed deer habitat qualities (e.g. the Flathead/Stillwater complex), or the areas which tend to winter large deer numbers (Foys Lake - Lone Pine area). There is the possibility of white tailed deer to be found in and around development located on the project site, however, development of this property will not have an impact on winter range areas or prime riparian wildlife habitat as the development of the property takes place on the west side of Denver Avenue in an already urbanized area. The eastern portion of the property has been placed in parkland to provide some open space and passive recreation opportunities for the residents of the subdivision and surrounding neighborhood. The parkland also serves to protect the most viable wildlife habitat on the property from major construction improvements which would impact water quality and wildlife habitat. C. Effects on the Natural Environment: Surface and groundwater: Ashley Creek is located on the eastern portion of the project site. As mentioned in the section above, the area immediately adjacent to Ashley Creek will be placed in parkland to help mitigate impacts to the water. A Depth to Water Table map dated March 13, 2006 indicates the water table for the area on the west side of Denver Avenue where the 7 residential lots are proposed varies between 15 feet to 50 feet below the surface. Information in the Depth to Water Table was provided by the Flathead Lakers in consultation with the Flathead Lake Biological Station. The Planning Department is not recommending any type of mitigation for groundwater because the subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. Also, based on the Depth to Water Table map, impacts to groundwater due to basements appears to be minimal if at all. Drainage: Curbs and gutters will be installed with the subdivision and an engineered storm drain management plan will have to be developed to address the runoff from the site. There is no storm drain system in the immediate area and storm water will have to be managed using on -site retention methods as part of an engineered stormwater management plan. The drainage plan will have to comply with the City of Kalispell's standards and State standards and will be required to be reviewed and approved by the Kalispell Public Works Department. 9 D. Effects on Local Services: Water and Sewer: Water and sewer service to the subdivision would be provided by the City of Kalispell and designed and extended in accordance with the Department of Public Works standards. There are currently water and sewer lines in the Denver Avenue road right-of-way. The water and sewer systems for the subdivision will be reviewed and approved by the Kalispell Public Works Department and the Kalispell Fire Department as part of the development of the subdivision. There is adequate capacity within the City's water and sewer systems to accommodate this development. Roads: An existing City road, Denver Avenue, currently provides access to the subdivision site. The developer is proposing an internal roadway to serve the lots within the subdivision. Denver Avenue runs north to south and connects Sunnyside Drive, on the northern end, to Teal Drive, on the south end of Denver. Denver Avenue is approximately 30 feet wide with no curb, gutters, sidewalks or landscaped boulevards along the portion of Denver Avenue from Sunnyside Drive south through the project site. Immediately south of the project site, on the west side of Denver Avenue, curb, gutters, sidewalks and boulevards have been installed as part of the Lonepine View Estates subdivision. The east side of Denver Avenue does not have sidewalks until Rimrock Court. The Kalispell Public Works Department is recommending that Denver Avenue, along the projects frontage, be improved to current city design and construction standards including a curb, gutter, boulevard and sidewalk on both sides of the roadway. In addition to the improvements related to the subdivision the Planning Department recommends that the owners of the lots be required to waive their right to protest a future special improvement district (SID) to upgrade the remaining portion of Denver Avenue. Due to the increase traffic and associated impacts the subdivision would have on Denver Avenue, improving a portion of the roadway and waiving the right to protest an SID would mitigate impacts to the road. 10 Denver Avenue looking north towards Sunnyside Drive from the project site. The developer is proposing to construct an internal roadway to serve the lots within the subdivision. The road would have a 28-foot wide paved driving surface within a 60-foot right-of-way and end in a "T" turnaround. City staff is recommending that the "r turnaround, now shown as a road right-of-way to be dedicated to the city, be constructed with an easement dedicated to the city instead of within a dedicated road right-of-way. The easement would need to be adequate to incorporate the necessary turnaround for emergency vehicles and any additional road improvements such as curbs and gutters and, if required, fire hydrants. Allowing the turnaround to be located in an easement would allow greater flexibility on lot 7 with regards to building setbacks and off-street parking setbacks. The Fire Department and Public Works Department do not have a problem with placing the turnaround in an easement instead of a dedicated road right-of-way. Schools: This development is within the boundaries of the Kalispell School District #5. The school district could anticipate that an additional 4 school aged children might be generated into the district at full build out. This number is used because it takes into account pre-school aged children, home school education options and private school education option. Not all of the children who live in the subdivision will be attending public schools. This would have a potentially significant impact on the district, particularly on a cumulative level with other developments pending within the district - both urban and rural particularly with high school -aged students. Parks and Open Space: The State and local subdivision regulations have parkland dedication requirements or cash in lieu of parkland dedication in the amount of 11% of the combined area of all land to be divided into lots 1/2 acre and smaller. The area in land to be subdivided totals 1.79 acres requiring a parkland dedication of 0.20 of an acre (8,712 square feet). As discussed in the evaluation of the proposed PUD, section 2, common open space, 1.36 acres or approximately 33% of the overall project site is proposed as open 11 space. The parkland proposed by the developer would include all the land east of Denver Avenue which includes a portion of Ashley Creek. The Parks and Recreation Department encourages the use of Ashley Creek as a park setting. Their hope is to build on this initial park along Ashley Creek with future developments south of this project. 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. The City recently adopted several impact fees which are collected at the time a building permit is issued. One of the impact fees includes a payment to the Kalispell Police Department to help with capital improvements for the Department. 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 will review and approve the number and location of hydrants within the subdivision as well as fire flows for compliance with applicable fire codes. Although fire risk is low because of good access and fairly level terrain, the fire department is recommending that access to the subdivision and the hydrants are in place prior to final plat approval and / or use of combustible materials in construction. The Fire Department is also recommending that roadways between 26 feet to 32 feet wide be posted on one side of the road as a fire lane. This would then allow parking on only one side of the roadway. The Fire Department strongly recommended in their response letter that streets be at least 32 feet wide to allow parking and good emergency vehicle access to the lots. The City recently adopted several impact fees which are collected at the time a building permit is issued. One of the impact fees includes a payment to the Kalispell Fire Department to help with capital improvements for the Department. Solid Waste: Solid waste will be handled by a private hauler in accordance with State statues and taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is close, less than 3 miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site is currently used for residential purposes and not farmland. The Agricultural Soils Classification map in Appendix A, Resource and Analysis Section, of the Kalispell Growth Policy indicates the soils on the 4 acre project site are considered prime farmland if irrigated. The map information was provided by the Natural Resource and Conservation Service. 12 Kalispell Growth Policy, Chapter 5: Agriculture, Policy 2 Encourage urban growth into areas which are not environmentally sensitive or productive agricultural lands. The proposed subdivision contradicts the above policy as the requested subdivision would remove potentially productive agricultural lands out of production. However, the location and proximity to urban services and surrounding urban development make this property suited for suburban scale development as recommended in the Kalispell Growth Policy Future Land Use map. Therefore, development of this property will have relatively little impact on agricultural uses within the Valley and no impact on agricultural water user facilities since this property will be served by a public water system. F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future Land Use map for the area indicates this area is anticipated to be developed as Urban Residential. Areas designated as Urban Residential are anticipated to be served by community water and sewer and have good access to services and public facilities. This land use designation anticipates a density between 3 and 12 dwelling units per acre. The proposed subdivision has a density of approximately 2 dwelling units per acre, well within the anticipated density of the urban residential designation. G. Compliance with Zoning: The owner . has requested a PUD which, if approved, would allow two lots within the subdivision to have lot sizes less than the required 7,000 square foot minimum. Otherwise, the lots proposed within the subdivision meet the minimum criteria for lots within the R-3 zoning district. The existing tri-plex, shown on lot 4 of the preliminary plat, has decks on the east, west and south sides of the building. Decks are required to meet the building setbacks within the zoning district they are located in. The R-3 zoning district has a 20 foot front yard setback. The front setback on lot 4 would be taken from the southern property line adjacent to the access road right-of-way. There is currently a deck within the 20 foot setback which will be required to be removed prior to final plat approval. Once removed, the existing tri-plex and associated decks will be in compliance with the zoning districts setbacks. H. Compliance with the Kalispell Subdivision Regulations: The owners have requested a PUD which, if approved, would allow one deviation to the Kalispell Subdivision Regulations. The deviation includes not providing a sidewalk around the proposed "T" turnaround on lot 7. A full discussion of these deviations can be found on pages 5-7 of this report. I. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPUD-06-8 as findings of fact and recommend to the Kalispell City Council the PUD for the site be approved subject to the conditions listed below: 13 II. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP-06-18 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of the resubdivision of Lot 1 of Minor Subdivision Plat Number 117 be approved subject to the conditions listed below: CONDITIONS OF APPROVAL PUD Conditions 1. The Planned Unit Development allows the following deviations from the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance: A. Kalispell Subdivision Regulations, Section 3.11, A (Sidewalks), requiring sidewalks on both sides of the access roadway into the subdivision up until the required "T" turnaround for the fire department. Striping shall be used across the turnaround area showing the pedestrian travel way. ADA access ramps shall be utilized in the overall design of the sidewalks within the subdivision. B. Kalispell Zoning Ordinance, Section 27.06.040 (1) a minimum lot size of approximately 5,630 square feet for lot 6 and 6,643 square feet for lot 5. 2. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 3. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. Subdivision Conditions General Conditions: 4. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 5. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). Prior to final plat: 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 14 Construction and Montana Public Works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. In addition to the new City street within the subdivision Denver Avenue, as it fronts the subdivision, shall be improved to the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. (Kalispell Design and Construction Standards) 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. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/ sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 10. 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) 11. 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 15 road as a fire lane. 12. The decking associated with the building on lot 4 shall be brought into compliance with regards to setbacks. (Findings of Fact, Section G) 13. All buildings on the preliminary plat designated as being removed shall be removed as well as the associated foundations. (Preliminary Plat) 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. The area designated on the plat as "park" shall be dedicated to the City of Kalispell. (Findings of Fact, Section D, Parks and Open Space) 16. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard and placement of any other kind of materials is prohibited unless approved by the Kalispell Department of Parks and Recreation." 17. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades to Denver Avenue." (Findings of Fact, Section D, Roads) 18. 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) 19. An easement shall be dedicated to the City of Kalispell on lot 7 large enough to accommodate an approved turnaround for emergency vehicles. (Findings of Fact, Section D, Roads) 20. 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) 21. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be 16 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) 22. 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)) 23. 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)) On going conditions: 24. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 25. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 17 City Of Kd11Spe11.,ISPELL PLANNING DEPARTMENT Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 . Fax: (406) 751-1858 APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) PROJECT NAME /ht 1e5ti o-_� 161 1 O�rkw Z .d'yr V C'L 1. NAME OF APPLICANT: t Co- cZsn n 2. MAIL ADDRESS: P.(0 � LkO 1 3. CITY/STATE/ZIP: KcLV,25" L�TM"T— S1103 PHONE: NAME AND ADDRESS OF OWNER IF DIFFERENT THAN APPLICANT: 4. NAME: S. MAIL ADDRESS: 6. CITY/STATE/ZIP: PHONE: 7. TECHNICAL ASSISTANCE: Mn rr� d111n� rw�c4 aeS 8. MAIL ADDRESS: LgoS J- kt 3�--WE.Sj- 9. CITY/STATE/ZIP: 14i1; �,1 d- 1 Vg01 PHONE: f) -3539 If there are others who should be notified during the review process, please list those. Check One: Initial PUD proposal Amendment to an existing PUD A. Property Address: __ o Qr "u - tab o�vv►,. Q B. Total Area of Property: t4 . CAR- cti C. Legal description including section, township & range: a6al Y I " VVI,53-, O GG I LtSU D. The present zoning of the above property is: E. Please provide the following information in a narrative format with supporting drawings or other format as needed: a. .An overall description of the goals and objectives for the development of the project. b. In cases where the development will be executed in increments, a schedule showing the time within phase will be completed. C. The extent to which the plan departs from zoning and subdivision regulations including but not limited to density, setbacks and use, and the reasons why such departures are or are not deemed to be in the public interest; d. The nature and extent of the common open space in the project and the provisions for maintenance and conservation of the common open space; and the adequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; e. The manner in which services will be provided such as water, sewer, storm water management, schools, roads, traffic management, pedestrian access, recreational facilities and other applicable services and utilities. f. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established g. How the plan provides reasonable consideration to the character of the neighborhood and the peculiar suitability of the property for the proposed use. h. Where there are more intensive uses or incompatible uses planned within the project or on the project boundaries, how with the impacts of those uses be mitigated. How the development plan will further the goals, policies and objectives of the Kalispell Growth Policy. j. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: (1). Total acreage and present zoning classifications; (2). Zoning classification of all adjoining properties; (3). Density in dwelling units per gross acre; (4). Location, size height and number of stories for buildings and uses proposed for buildings; (5). Layout and dimensions of streets, parking areas, pedestrian walkways and surfacing; IPA (6). Vehicle, emergency and pedestrian access, traffic circulation and control; (7). Location, size, height, color and materials of signs; (8). Location and height of fencing and/or screening; (9). Location and type of landscaping; (10). Location and type of open space and common areas; (11). Proposed maintenance of common areas and open space; (12). Property boundary locations and setback lines (13). Special design standards, materials and / or colors; (14). Proposed schedule of completions and phasing of the development, if applicable; (15). Covenants, conditions and restrictions; (16). Any other information that may be deemed relevant and appropriate to allow for adequate review. If the PUD involves the division of land for the purpose of conveyance, a preliminary plat shall be prepared in accordance with the requirements of the subdivision regulations. Please note that the approved final plan, together with the conditions and restrictions imposed, shall constitute the zoning for the district. No building permit shall be issued for any structure within the district unless such structure conforms to the provisions of the approved plan. The signing of this application signifies that the aforementioned information is true and correct and grants approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during review process. (Applicant Signature) (Date) E. Please provide the following information in a narrative format with supporting drawings or other format as needed: a. An overall description of the goals and objectives for the development of the project. The applicant proposes the creation of a small (7-lot) mixed -use development located on approximately 4 acres in Section 19 of T. 28 North R. 21 West. The Property address is 60 Den verAvenue in Kalispell. The subject property is crossed by Denver Avenue, which essentially segregates 1.37 +/- acres of the site. This segregated portion is markedly steep and adjoins Ashley Creek on the eastern property boundary. Although not suited to residential development this segregated acreage has significant value as open -space and/or a natural flood mitigation area. There is also a possibility of limited improvements being made to the western side of the area (which abuts DenverAvenue) that would further enhance its recreational value. To the west of Denver Avenue the property gently rises and is well suited to residential development This western portion currently hosts an existing 3- apartment building and numerous outbuildings. The apartment building is being remolded and upgraded to serve as a transition home for the Abby House domestic violence shelter. The additional outbuildings are being removed and are not intended to be incorporated in the proposed development. An existing water well located on the property serves the current residential and irrigation needs. As a part of the proposed development Kalispell sewer and water would be extended to serve the existing apartment building as well as all newly constructed residential structures. The existing well would be restricted to irrigation use for lot 7. The applicant's proposal is to create 5 single-family residential lots ranging from 6,632 square feet to 12,736 square feet in size. These lots would be sold to help defray the cost of building a new Abby house domestic violence shelter on lot 7(which encompasses 29,54 7 squarefeet) and of upgrading and remodeling the existing house on lot 4 (which encompasses 12,736 squarefeet) for use as a transition home. The transition home as its name implies will help aid in the transition of domestic violence victims from life in the group home atmosphere of the Abby house to that of independent living. No development of the 1.37 +/- acres east of Denver Avenue is proposed and the entirety of that area is to be dedicated to the City of Kalispell Parks and Recreation Department. In the event that the Parks Department is unwilling to accept the dedication the lands will be set -aside in perpetuity as a homeowners green space area. b. In cases where the development will be executed in increments, a schedule showing the time within phase will be completed. This development will not be created in phases. c. The extent to which the plan departs from zoning and subdivision regulations including but not limited to density, setbacks and use, and the reasons why such departures are or are not deemed to be in the public interest; This development proposal is generally in conformance with the existing R-3 zoning with the following exception. The unique situation of the property in having Denver Avenue run through it and also having 1.37+/- acres which are not well -suited to residential development lends the remaining 2.71 +/- acres to a mixture of lot sizes ranging from 6,175 sq. ft. to 29,547sq. ft., 2 lots would be non -conforming under the R-3 7,000 square feet minimum lot size requirement. What is proposed is to view the development as a whole rather than on a lot -by -lot basis, taking into consideration the overall density rather than the 7,000 Square Foot minimum lot size requirement. When seen this way the numbers lay out thus: If only the developable land west of the road is considered and the proposed, right-of-way dedication is subtracted the average lot size would be 11,115 square feet with a density of 3.9 lots -per -acre. If all the acreage is considered (again subtracting the right-of-way) the average lot size remains the same, however the density drops to 1.7lots per -acre. Such a low density especially when taking into account the surrounding R-4 zoning is certainly deemed to be in the public interest. d. The nature and extent of the common open space in the project and the provisions for maintenance and conservation of the common open space; and the adequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; As previously discussed in items (a.) and (c.) the 1.37+/- acres east of Denver Avenue are proposed as dedicated open space, green space, or parkland. Should the City of Kalispell elect not to accept the dedication of this land it would then be dedicated to and maintained by the homeowners association. The maintenance would be limited to weed control and prevention measures, the removal of any dangerous trees or debris, and reasonable practices of liter control. The goal of any maintenance policy would be to preserve the area's value as a natural flood control feature. Densities and dwelling types have been addressed in items (a.) and (b.) and would be generally consistent with existing neighborhood development trend. The manner in which services will be provided such as water, sewer, storm water management, schools, roads, traffic management, pedestrian access, recreational facilities and other applicable services and utilities. The proposed development would be served by Kalispell water and sewer, both of which services currently abut the property. All storm water would be detained and treated onsite and particular attention paid to separating hydrocarbons from storm runoff so as to protect Ashley Creek. The proposed development falls within Kalispell School District S and would be served by the various schools within the. district. All streets proposed within the project would conform to City of Kalispell Design Standards Any improvements to the portion of Denver Aven ue that abuts the project deemed necessary by the City of Kalispell Public Works Department would be completed prior to final plat application. All available utilities would be extended to serve the lots created. f. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established. The relationship of the proposed development to the existing neighborhood would be positive and a great boon to the existing neighborhood. The extension of the existing sidewalks and storm - drainage facilities would also have a positive effect on the neighborhood Preservation of the eastern portion of the property as a flood -control area is of inestimable value to those neighbors along Ashley Creek: g. How the plan provides reasonable consideration to the character of the neighborhood and the peculiar suitability of the property for the proposed use. The proposed plan was arrived at after careful consideration of the existing neighborhood Much thought was given to the number and placement of lots, the size of the proposed lots, and the preservation of the area adjoining Ashley creek. The project property is somewhat of an anomaly, a large tract of land essentially surrounded by smaller platted subdivision lots. What is proposed is intended to respect the desire of the neighborhood to preserve open spaces, particularly riparian areas, and balance that desire with the need to provide residential housing and the type of specialized shelter, which the Abby House offers. h. Where there are more intensive uses or incompatible uses planned within the project or on the project boundaries, how with the impacts of those uses be mitigated. None of the uses proposed are excessively intensive or incompatible with either the neighborhood or the subject property. The request for approval of two lots which are slightly smaller than the current R-3 zoning requires is more than compensated for by the larger size of the remaining lots and the dedication of significant areas of open space. i. How the development plan will further the goals, policies and objectives of the Kalispell Growth Policy. The proposed PUD fits well within the goals, policies and overall growth objectives of the Kalispell Growth Policy. p EC EUVE City of Kalispell Planning Department KALISPELL PLANNING DEPARTMENT 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION C QO FEE SCHEDULE: FEE ATTACHEDy Major Subdivision (6 or more lots) $750 + $105/lot Mobile Home Parks & 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: _ _rb °L 04-<4 0 i 0+ 1 p-�- W,'V-QL Jai 'u?" ,a t :d 11I OWNER(S) OF RECORD: Name V i daW __ to C jiSo� . ( i {-),C- Phone Mailing Address .0 • i3G`f. 140 City /�a li S �� �+_ t State Ml— Zip i io ( TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name & Address 4YOdA& ' 1p. t scour t Nemte-& Address 140 S ffiAtu. �2 OF NeAae-& Address &ALA -A p o AgTT- 17,0 1 LEGAL DESCRIPTION OF PROPERTY: Property Address Go Assessor's Tract No(s) (4)(0(01L45'-) MI&6- I Lot No(s) 1 1 /4 Sec Section I_ Township 98 Range_ GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces lam— Total Acreage in Subdivision 11,08 Total Acreage in Lots • 8 Minimum Size of Lots or Spaces (j . l 4 ct &I Total Acreage in Streets or Roads 015 Maximum Size of Lots or Spaces© Total Acreage in Parks, Open Spaces and/or Common Areas / • PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family Townhouse Duplex Apartment Commercial Industrial Condominium Multi -Family Mobile Home Park Recreational Vehicle Park Planned Unit Development--IZ_ Other APPLICABLE ZONING DESIGNATION & DISTRICT V -3 ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS IMPROVEMENTS TO BE PROVIDED: Roads: Gravel Paved ✓ Curb --"-Gutter ---Sidewalks Alleys Other Water System: Individual Multiple User Neighborhood Public ✓ Other Sewer System: Individual Multiple User Neighborhood Public Other Other Utilities: Cable TV =Telephone ✓ Electric t,-*-*'-Gas ✓Other Solid Waste: Home Pick Up Central Storage Contract Hauler ✓ Owner Haul Mail Delivery: Central ✓ vidual School District: l• •U� S cal tin Fire Protection: Hydrants 1 Tanker Rechar a Fire District: Drainage System: C�� ; ;,s-►Z,�a�-x►� sti •— PROPOSED EROSION/SEDIMENTATION CONTROL:tA.I,t` \rj-L CJJV. �� �W V.wc, � r M G-vwia.Q.- VARIANCES: ARE ANY VARIANCES REQUESTED? ] (Q (yes/no) If yes, please complete the information below: SECTION OF REGULATIONS CREATING HARDSHIP:_- EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE WITH REGULATIONS PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: E PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW: 1. Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining pro rties? 2. Will the variance cause a substantial increase in public costs? I �l 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? Y 5. What other conditions are unique to this property that create the need for a variance? i 3 APPLICATION CONTENTS: The subdivider shall submit a complete application addressing items below to the Kalispell Planning Department at least thirty five (35) days prior to the date of the Planning Board meeting at which it will be heard. 1. 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 Room): Assessor# Sec-Twn-Rna Lot/Tract No Property Owner & Mailing 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. plicant) :9 (Da e) UNITED STATES J POSTAL SERVICE Date: November 14, 2006 To: City of Kalispell Planning Department 17 2nd Street E Ste 211 Kalispell, MT 59901 RE: 60 Denver Ave Comments to Kalispell City Planning Board: p 11 � 0 IV IE 0 KALISPELL PLANKING DEPARTMENT Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the plans to be reviewed by the Public Works Department. (Kalispell Subdivision Regulations, Section 3.22). If you need additional information regarding the above comments please contact Susii Carter at 1-406-755-6450. CADocuments and SettingsWll Users\Documents\Susii's Other StufftGrowth Management\Comments to Kalispell Planning Dept Master.doc PREUMINAR Y PLA T ®f th® RASUbdlollsl®n of Lot I ®f MINOR SUBDIVISION PLl T NUMBER 117 NE l/4 NW l/4 Section 19, T. 28 N., R. 2/ W., Principal Meridian, Flathead County, Montana 40 0 40 N so Scale /" = 40' contour Jnlorradr /' Fnd J/B' br zm-S ��My Fed 5/S' RNdr I Ar t3 -S N �1l70" 0 7r'{313" E 7 N 19' red 5/6'Rs*or br r516-S Is. V `� LOr� 1 M tors + N P1 Proposer vamwf t.4 N �.00 9'E ' f.of-/eY 601 L Tii j6�aaM d � p- _ a s 6S.18 Iq EWp'� 9 a N 1"7 `s$ = » s two g _ T V ' a M t.Qs T Proposed 6ereye 40 70.14' 69.6/ 4AJ? 26.94 37.97 32.03 4Y.4: N B6'24 'FO"E tw > CERTIFICATION JANUARY 9. 2007 - PLANNING BOARD APPLICANT: Resub of Lot 1, Minor Subdivision # 117 FILE NO: KPUD-06-08 & KPP-06-18 I, the undersigned certify that I did this date mail via CERTIFIED Mail a copy of the attached notice to the following list of landowners ad ioinin the property lines of the property that is requesting a preliminary plat and planned unit development. Date: S-T-R: 19-28-21 Lot/Tracts# Lot 1, Minor Subdivision # 117 Property Owner/Mail Address: Violence Free Crisis Line Attn: Janet Cahill P.O. Box 1401 Kalispell, MT 59903 Alex Hasson P.O. Box 401 Kalispell, MT 59903 Montana Mapping Associates 1405 Highway 2 West Kalispell, MT 59901 AND ATTACHED LIST Violence Free Crisis Line Alex J. Hasson Montana Rentals, LLC P.O. Box 1401 1415 Berne Road 104 W. Bluegrass Drive Kalispell, MT 59903-1401 Columbia Falls, MT 59912 Kalispell, MT 59901 Daniel & Cheryl Edlund Thomas & Patricia Fulton Sandra Motzko 19712 Highridge Way 104 Heritage Drive 805 Ashley Drive Trabuco Canyon, CA 92679 Bozeman, MT 59715 Kalispell, MT 59901 Kenneth & Marina Sunell Christopher & Amy Gendreau Beverlee Stuewe 807 Ashley Drive 809 Ashley Drive 811 Ashley Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Terry Aurich Wayne Sakariason Trust Bernadine Breslaw 114 Sunny Court P.O. Box 981 115 Sunny Court Kalispell, MT 59901 Kalispell, MT 59903-0981 Kalispell, MT 59901 Robert & Penny Brinton Jessica. Harmon Janine Lopez. 117 Sunny Court 903 Ashley Drive 905 Ashley Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Philip & Stephanie Jackson Ryan & Barbara Marty Living Tr Janet Roberts 2129 Teal Drive 2322 Houston Point Drive 100 Santa Fe Street Kalispell, MT 59901 Whitefish, MT 59937 Kalispell, MT 59901 James & Leila Lockwood Scott Kirchoff Joel & Tracy Elmore 102 Santa Fe Street 104 Santa Fe Street 106 Santa Fe Street Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Bruce & Gayanne Schomer Michael Harris Eric & Janice Sutter 115 Boise Avenue 111 Santa Fe Street 109 Santa Fe Street Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Kathleen Lusk Jeffrey & Rachel Martin Duane K. Enger 107 Santa Fe Street 105 Santa Fe Street C/O Sun Trust Mortgagep,O. Box 85188 Kalispell, MT 59901 Kalispell, MT 59901 Richmond, 18 23285 Eugene & B. Kai Burns Carol Bealer Brian & Mikki Wiley 110 Denver Avenue 612 W. Main Street P.O. Box 7841 Kalispell, MT 59901 Cut Bank, MT 59427 Kalispell, MT 59904 Christy Peeples Mark Topp Kathy Eland 42 Denver Avenue P.O. Box 9756 32929 Lancaster Kalispell, MT 59901 Kalispell, MT 59904 Warren, MI 48088 Harry Bear 816 Sunnyside Drive Kalispell, MT 59901 Northwestern Investments, LP c/o Deborah Willis 400 Marco Bay Road Somers, MT 59932 James Battee P.O. Box 2617 Kalispell, MT 59903-2617 Steve Heller P.O. Box 2793 Kalispell, MT 59903-2793 City of Kalispell Planning Department 17 - Vd Street East, Suite 211, Kalispell, Montana. 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION JANUARY 9, 2007 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, January 9, 2007 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take final action. 1. A request by James and Peggy Mathiason for annexation, initial zoning and preliminary plat approval for the Blue Skies Subdivision on approximately 2 acres. The owners are requesting the R-3 (Urban Single Family Residential) zoning district and approval of a preliminary plat to create 6 lots ranging in size from 7,840 square feet to 10,000 square feet. The property is currently zoned County R-1 and is located on the east side of Valley View Drive approximately 1,000 feet south of the intersection of Valley View Drive and Foys Lake Road. There is an existing house on the property addressed as 115 Valley View Drive. The property can be legally described as Assessors Tracts 3DEA and 3DE in Section 13, Township 28 North, Range 22 West. 2. A request by Abigail Fredrick for a planned unit development (PUD) zoning district and preliminary plat approval of the Resubdivision of Lot 1 Minor Subdivision # 117 on approximately 4 acres. The property has recently been annexed into the city with the R-3 (Urban Single Family Residential) zoning district. The owner is requesting a PUD zoning district on the property to allow reduced lot sizes in the R-3 zoning district and a preliminary plat to create 7 lots ranging in size from 5,600 square feet to 29,540 square feet. The property is located on both the east and west sides of Denver Avenue. There is an existing home on the property addressed as 60 Denver Avenue. The property can be described as Lot 1 of Minor Subdivision Plat Number 117 located in the NW 1/4 of Section 19, Township 28 North, Range 21 West. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the hearing, or you may call us at (406) 751-1850, or e-mail us at planningGykalispell.com for additional information. No. 11317 NOTICE OF PURE li HEARING KALISPELL CITY PLANNiNG BOARD AND ZONING CUwi- MISSION JANUARY 9, 2007 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, Janu- ary 9. 2007 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Ka- lispell. The planning board will hold a public hearing and take public comments on the follow- ing agenda items. The Board will make a rec- ommendation to the Ka- lispell City Council who will take final action. 1. A request by James and Peggy Mathiason for annexation, initial zoning and preliminary plat approval for the Blue Skies Subdivision on approximately 2 acres. The owners are requesting the R-3 (Ur- ban Single Family Resi- dential) zoning district and approval of a pre- liminary plat to create 6 lots ranging in size from 7,840 square feet to 10,000 square feet. The prorperty is currently zoned County R-1 and is located on the east side of Valley. View Drive approximately 1,000 feet south of the intersection of Valley View Drive and Foys Lake Road. There is an existing house on the property addressed as 115 Valley View Drive. The property can be le- gally described as As- sessor's Tracts 3DEA and 3DE in Section 13, Township 28 North, Range 22 West. 2. A request by Abigail Fredrick for a planned unit development (PUD) zoning district and pre- liminary plat approval of the Resubdivision of Lot 1 Minor Subdivision #117 on approximately a acres. The property )as recently been an- s-d nio the city with l a R-3 (Urban Single F-�mdy Residential) zon- n% district. The owner is 'eg,.%isting a PUD zon- Ig district on the prop - ,Ft, to allow reduced lot Sizes in ire R-3 zoning .%s,rict and a preliminary plat to create 7 lots ranging in size from 5,600 square feet to 29.540 square feet. The :.rooerty is located on both the ^t ,;na Nest ty addressed as 60 Denver Avenue. The property can be descri- bed as Lot 1 of Minor Subdivision Plat Num- ber 1.17 located in the NW. 1/4 of Section 19, Township 28 North, Range 21 West. Documents pertaining to the agenda items are 'on file for public inspec- tion at the Kalispell Planning Department, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are availa- ble for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and "awn to the 8'©:ard' .*ritten com- ments: may. be .submit- ted to the. Kalispell Plan- ning Departmentat the above. address, prior to the date of the. hearing, or you may call us at (406) 751-1850, or e- mail us at planning@ka- lispell.com for additional Information. /s/Thomas R. Jentz Thomas R. Jentz Planning Director STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE BROUWER BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. 11317 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF DEC 24, 2006 December24, 2006 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIO ON Notarial '`N Subscribed and sworn to cam; Before me this DECEMBER 26, 20,6 Seal t 6L4 C �J Notary Public for the State of Montana Residing in Kalispell My Commission expires 9/11/09 "V; E1rme on t^e rrnDer-