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Staff Report/Preliminary PlatCity of Kalispell Planning Department .17 - 2d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751--I850 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: Preliminary Plat request for Autumn Creek Subdivision MEETING DATE: October 2, 2006 BACKGROUND: The Kalispell City Planning Board met on August 8, 2006 and held a public hearing to consider a request by Lee and Linda Hershberger for preliminary plat approval to create a 20 lot subdivision consisting of 16 single family lots and two two - unit townhouse lots on approximately 8.7 acres. Currently this property is in the County zoning jurisdiction and has a zoning designation of County R-1, a Suburban Residential zoning designation that has a minimum lot size requirement of one acre. The owners have submitted a petition for annexation and initial zoning request of R-2. The property is located north of Hwy 2 Nest, on the east side of Hathaway Lane. The property can be described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-06-10 and recommended the Planning Board consider recommending approval of the preliminary plat subject to 22 conditions. At the public hearing Mike Fraser from TD&H Engineering spoke in favor of the subdivision as well as three other members of the public. There were also two property owners who spoke in opposition. Their concerns were the additional traffic generated by the proposed subdivision and its impact on the intersection of US 2 West and Hathaway Lane. The variance request to allow a longer cul-de-sac than the subdivision regulations currently allow was also brought up by a member from the public expressing that the rules should be adhered to and a variance not granted. After the public hearing the board discussed the proposal and a motion was made to recommend approval of the preliminary plat to the Kalispell City Council subject to the 22 conditions listed in the staff report. The motion passed unanimously. RECOWMdENDAT ON: A motion to approve; the preliminary plat with the 22 conditions and the variance request would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully su tted, Sean Conra Senior Planner Report compiled: September 22, 2006 ,r ames H. F;a' a.ck City Manager Attachments: Transmittal letter Exhibit A (conditions) Staff report #KPP-06-10 and application materials Draft Minutes 8/8/06 planning board meeting c: Theresa White, Kalispell City Clerk RESOLUTION NO.5153 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF AUTUMN CREEK SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACTS 6AAK, 6DI AND GAB LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Lee and Linda Hershberger, the owners of the certain real property described above, have 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 August S, 2006 on the proposal and reviewed Subdivision Report #KPP-06-10 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Autumn Creek Subdivision subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of October 2, 2006, reviewed the Kalispell Planning Department Report #KPP-06-10, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision was 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-06-10 are hereby adopted as the Findings of Fact of the City Council. SECTION; II. That the application of Lee and Linda Hershberger for approval of the Preliminary Plat of Autumn Creek Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City ofKalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved 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 streets within the subdivision Hathaway Lane, 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 and Findings of Fact Section D) 3. The developer shall submit to the Kalispell Public Works Department 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 improvements have been built as designed and approved. (Kalispell Design and Construction Standards) 4. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell. (Kalispell Design and Construction Standards) S. If any work is to be done within the creek the developer shall submit a 310 application to the Flathead Conservation District prior to any construction. 6. That an easement shall be obtained from the adjoining property owner to the northeast granting the right to cross those properties for utility extension purposes. (Kalispell Subdivision Regulations, Section 3.08 (A). 7. The following requirements shall be met per the Kalispell 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 13. 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 should be noted 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. 8. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 9. The area designated on the plat as "park" will meet the parkland dedication requirements provided that it is developed to create a recreational amenity within the subdivision. Those park improvements shall be addressed in accordance with a plan approved by the Kalispell Parks and Recreation Director so as to provide a recreational component within the development and, at a minimum, the park improvements shall equal a cost amount of 0.31 of an acre of the fair market value of the undivided, unimproved land. A letter from the Kalispell Parks Department shall be provided at the time of final plat that outlines the improvements and confirms those improvements have been made. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Section D). 10. The developer shall obtain a permit from the Flathead County Road Department to improve Hathaway Lane to a standard 24-foot width with 4-foot shoulders on either side of the roadway from the intersection of US Hwy 2 West north along Hathaway Lane for a distance of 150 feet. A letter from the Flathead County Road Department shall be submitted stating that all improvements along Hathaway Lane have been completed. (Findings of Fact Section D) 11. A homeowners association shall be created for the maintenance and upkeep of the park serving the subdivision. (Findings of Fact Section D) 12. The following notes shall be placed on the face of the final plat: a. 4n lots 5 and 6 garage construction shall be located between the house and the future bypass area as shown the plat of Autumn Creek subdivision. b. Construction of homes on lots 5 and 6 shall utilize sound -absorbent materials along the side of the house facing the highway bypass. (Findings of Fact Section A) 13. A note shall be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of Hathaway Lane to urban standards. (Findings of Fact Section D) 14. Townhouse lots within the subdivision shall be identified by a lot number and letter A or B. 15. The Kalispell Bypass corridor shall be indicated on the final plat as a separate parcel along with a note that states "reserved for future right-of-way acquisition", or if the State has acquired the property as the "Proposed Kalispell Bypass" and not be made part of the proposed lots. (Findings of Fact Section D) 16. The roads 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). 17. 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. 18. 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). 19. 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)). 20. All utilities shall be installed underground.. (Kalispell Subdivision Regulations, Section 3.17). 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 22. That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Cleric 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 2ND DAY OF OCTOBER, 2006. Pamela B. Kennedy Mayor ATTEST: Theresa White 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 REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner SUBJECT: Tentative conditions for the Autumn Creek Subdivision MEETING DATE: October 2, 2006 At the September 25th City Council work session the Council discussed the Autumn Creek Subdivision. During the discussion the Council requested staff provide the Council with wording for three conditions the Council will consider at it's October 2nd meeting regarding the subdivision. The proposed conditions address a "Dead End" sign along Hathaway Lane, waiver of an SID for the upgrade to the Hathaway Lane/Highway 2 intersection, and placing signs along Highway 2 indicating the upcoming intersection with Hathaway Lane. Staff has provided the following language for the Council's consideration: 1. Prior to final plat a "No Outlet" sign shall be installed within the Hathaway Lane right of way at the northern end of the intersection of Hathaway Lane and Summer Place. The sign shall be installed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devises Manual. 2. A note shall be placed on the final plat that states, "The owner of each lot waives the right to protest the creation of an SID to improve the intersection of Hathaway Lane with US 2 with widening modifications as recommended by the Montana Department of Transportation. The payment for such improvements shall be borne by the owners of lots created after September 2006. The need for such improvements will be triggered when the total of subdivided lots created since September 2006 reaches 100." 3. Prior to final plat, a caution sign(s) shall be installed along Highway 2 indicating the intersection of Hathaway Lane. The sign(s) shall be installed at the developer's expense in a location(s) approved by the Montana Department of Transportation. Respectfully subn� ) -C"f Sean Conrad Senior Planner c: Theresa White, Kalispell City Clerk City of Kalispell Planning Department 17 - 2'd Street East, Suite 211, Kalispell, Montana 5990.1 Telephone: (406) 751-1850 Fay: (406) 751-185 We site: kalispellplanning.com September 22, 2006 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Preliminary Plat request for Autumn Creek Subdivision Dear Jim: The Kalispell City Planning Board met on August 8, 2006 and held a public hearing to consider a request by Lee and Linda Hershberger for preliminary plat approval to create a 20 lot subdivision consisting of 16 single family lots and two two -unit townhouse lots on approximately 8.7 acres. Currently this property is in the County zoning jurisdiction and has a zoning designation of County R-1, a Suburban Residential zoning designation that has a minimum lot size requirement of one acre. The owners have submitted a petition for annexation and initial zoning request of R-2. The property is located north of Hwy 2 West, on the east side of Hathaway Lane. The property can be described as Assessors Tracts 6AAK, 6Dl and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-06-10 and recommended the Planning Board consider recommending approval of the preliminary plat subject to 22 conditions. At the public hearing Mike Fraser from TD&H Engineering spoke in favor of the subdivision as well as three other members of the public. There were also two property owner who spoke in opposition. Their concerns were the additional traffic generated by the proposed subdivision and its impact on the intersection of US 2 West and Hathaway Lane. The variance request to allow a longer cul-de-sac than the subdivision regulations currently allow was also brought up by a member from the public expressing that the rules should be adhered to and a variance not granted. After the public hearing the board discussed the proposal and a motion was made to recommend approval of the preliminary plat to the Kalispell City Council subject to the 2 conditions listed in the staff report. The motion passed unanimously. Please schedule this matter for the October 2, 2006 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 �71 Timothy Norton President Attachments: Exhibit A Staff report #KPP-06-10 and application materials Draft Minutes 8 / 8 / 06 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Lee 8. Linda Hershberger, 24212 SE 384tb St, Enumclaw, WA 98022 Thomas, Dean & Hoskins, Attn: Mike Fraser, 31 Three Mile Drive, Kalispell, MT 59901 EXHIBIT A AUTUMN CREEK SUBDIVISION PLAT CONDITIONS OF APPROVAL AS RECOM TENDED BY THE KALISPELL CITY PLANNING BOARD AUGUST S, 2006 The Kalispell City Planning Board recommends to the Kalispell City Council that the preliminary plat for Autumn Creek subdivision and the requested variance be approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. 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 by an engineer licensed in the State of Montana. All work shall be reviewed and approved 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 streets within the subdivision Hathaway Lane, 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 and Findings of Fact Section D) 3. The developer shall submit to the Kalispell Public Works Department 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 improvements have been built as designed and approved. (Kalispell Design and Construction Standards) 4. A letter from. the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell. (Kalispell Design. and Construction Standards) 5. If any work is to be done within the creek the developer shall submit a 310 application to the Flathead Conservation District prior to any construction. 6. That an easement shall be obtained from the adjoining property owner to the northeast granting the right to cross those properties for utility extension purposes. (Kalispell Subdivision Regulations, Section 3.08 (A). 7. The following requirements shall be met per the Kalispell 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 should be noted 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. 8. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11) . 9. The area designated on the plat as "park" will meet the parkland dedication requirements provided that it is developed to create a recreational amenity within the subdivision. Those park improvements shall be addressed in accordance with a plan approved by the Kalispell Parks and Recreation Director so as to provide a recreational component within the development and, at a minimum, the park improvements shall equal a cost amount of 0.31 of an acre of the fair market value of the undivided, unimproved land. A letter from the Kalispell Parks Department shall be provided at the time of final plat that outlines the improvements and confirms those improvements have been made. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Section D). 10.The developer shall obtain a permit from the Flathead County Road Department to improve Hathaway Lane to a standard 24-foot width with 4-foot shoulders on either side of the roadway from the intersection of US Hwy 2 West north along Hathaway Lane for a distance of 150 feet. A letter from the Flathead County Road Department shall be submitted stating that all improvements along Hathaway Lane have been completed. (Findings of Fact Section D) 11. A homeowners association shall be created for the maintenance and upkeep of the park serving the subdivision. (Findings of Fact Section D) 12. The following notes shall be placed on the face of the final plat: a. On lots 5 and 6 garage construction shall be located between the house and the future bypass area as shown the plat of Autumn Creek subdivision. b. Construction of homes on lots 5 and 6 shall utilize sound -absorbent materials along the side of the house facing the highway bypass. (Findings of Fact Section A) 13. A note shall be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of Hathaway Lane to urban standards. (Findings of Fact Section D) 14. Townhouse lots within the subdivision shall be identified by a lot number and letter A or B. 1 S. The Kalispell Bypass corridor shall be indicated on the final plat as a separate parcel along with a note that states "reserved for future right-of-way acquisition", or if the State has acquired the property as the "Proposed Kalispell Bypass" and not be made part of the proposed lots. (Findings of Fact Section D) 16. The roads 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. 17. 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. 18. 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). 19. 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)). 20. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 22.That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). AUTUMN CREEK SUBDIVISION KALISPELL PLANNING DEPARTMENT STAFF REPORT KPP-06-10 JULY 27, 2006 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for preliminary plat approval of a 20 lot residential subdivision on property proposed for current annexation and initial zoning. A public hearing on this proposal will be held before the planning board for August 8, 2006 in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. BACKGROUND INFORMATION: Previously the property was proposed for an initial zoning designation of R-3 and proposed a total of 27 lots with 15 single family lots and 12 townhouse lots. The proposal was continued at the June 2005 Planning Board meeting in order to allow the developer an opportunity to address issues related to density, parkland, access and the safety concerns at the intersection of Hwy 2 West and Hathaway Lane. This revised proposal was brought back before the planning board at their September meeting. At the public hearing held on September 13, 2005 there were several neighbors who expressed their opposition to the revised proposal citing concerns with density, neighborhood character and primarily the safety of the access at the intersection of Hwy 2 West and Hathaway Lane. Their primary concern had to do with access and the traffic going eastbound conflicting with other eastbound traffic coming from Hartt Hill. The Planning Board discussed the proposal and agreed the developers had made a sincere effort to address the issues related to the development. However, they were still concerned about the density and safety of the eastbound traffic along Hwy 2 West. A motion was made with amendments to address specific safety improvements related to the roads and to recommend approval of the preliminary plat subject to conditions. The motion failed on a vote of two in favor and two opposed. At the City Council meeting held on October 3, 2005 the Autumn Creek subdivision was denied by a vote of 7-2. The reasons for denial included the following concerns: « The approach onto US 2 West was a serious and un-mitigated safety hazard. In light of the unsafe approach onto US 2 West, a secondary approach needed to be developed to offer future residents a safe way out of the subdivision. • The internal road system contained a cul-de-sac which exceeded the city's 600 foot maximum length standard. The owners have discussed the intersection of US 2 West and Hathaway Lane with the Montana Department of Transportation (MDOT). MDOT stated in a letter that due to the relatively low amounts of traffic generated by the proposed subdivision no zxaitigation is required at the intersection of US 2 West and Hathaway Lane. Further discussion of traffic and the intersection of US 2 West and Hathaway Lane can be found under Findings of Fact, Section A, of this report. A. Petitioner and Owners: Technical Assistance: Lee & Linda Hershberger 24212 SE 384th Street Enumclaw, WA 98022 Thomas Dean 8& Hoskins. 31 Three Mile Drive, Ste 101 Kalispell, MT 59901 (406) 751-5246 B. Location and Legal Description of Property: The property proposed for subdivision lies north of Hwy 2 West, on the east side of Hathaway Lane. The property can be described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Nature of the Request: This is a request for preliminary plat approval of a 20 lot subdivision consisting of 16 single family lots and two two -unit townhouse lots on approximately 8.7 acres. The developer is also requesting an initial zoning of R-2, Suburban Residential. The petition to annex has been filed concurrently with the preliminary plat along with an application for a conditional use permit that would allow the creation of the two two -unit townhouses lots. Currently, this property is in the County zoning jurisdiction and has a zoning designation of R-1, Suburban Residential, which has a one acre minimum lot size requirement and is typically in areas where water and sewer are not available. Access to this subdivision would be from Hathaway Lane which is located west of Kalispell on the north side of US Hwy 2 West. An internal road would be developed that would have two short cul-de-sacs that would serve the lots. There is a small drainage that runs through the site that appears to be connected to Ashley Creek that lies to the south of Hwy 2 West. As a result of this drainage there is a wetland area that lies near the southwest corner of the site and has been set aside as an "open area." A small park area has been created next to the wetland / floodplain located on the site. It is noteworthy that there is significant area of 100 year floodplain on the site some of which is clearly a wetland area as is demonstrated by standing water, reeds, grasses and cattails and is the open area mentioned above. The developers have performed a detailed flood study to determine the flood elevation for this site. The proposed subdivision has all of the 100 year floodplain located in the open space as shown on the preliminary plat. No lots are proposed within the open space area. It is also noteworthy that the northeast corner of this site consisting of approximately 1/3 of an acre is in the Kalispell Bypass right-of-way corridor. The applicants have been in contact with MDOT regarding the acquisition of this property. City utilities will be taken from this northeast corner of the site from. Greenbriar Subdivision and through the bypass corridor. D. Size: Total Area: Total acreage in lots: Open Area: Roads: 8.69 acres 4.68 acres 2.15 acres 1.60 acres V, E. Existing Land Use and Zoning: The property proposed for subdivision is currently undeveloped with the exception of a pole barn and has been used for pasture in the past. Currently this property is in the County zoning jurisdiction and is zoned R-1, Suburban Residential, which has a one acre minimum lot size requirement and is typically in areas not served by public water and/or sewer. As previously mentioned, a petition for annexation to the City of Kalispell and an initial zoning designation of R-2 has been Bled concurrently with the request for preliminary plat approval. The R-2 zoning district has a minimum lot size requirement of 9600 square feet and a minimum lot width of 70 feet. F. Adjacent Land Uses and Zoning: This property is located in an area that could be considered to be on the urban fringes of Kalispell with the City limits within 1 /4 mile of this area. Development pressures have not been as intense in this area as they are in other fringe areas around the City. All of the zoning surrounding this site is County R-1, Suburban Residential, a district with a one acre minimum lot size requirement for newly created lots. The property is currently in the West Side Zoning District, but upon annexation would become part of the City of Kalispell with a City zoning assignment. North: Single family residential, County R-1 zoning South: Single family residential, County R-1 zoning East: Undeveloped pasture land, City RA-1 zoning West: Single family residential, County R-1 zoning G. General Land Use Character: The general land use character of the area is suburban residential with parcels ranging in size from 1 /2 acre to over 5 acres. The property is on the urban fringes of Kalispell with the City limits immediately to the east of this site. The proposed Kalispell Bypass corridor is east of the property and crosses the northeast corner. H. Zoning: Currently this property is located in the County zoning jurisdiction and has a zoning designation of R-1, Suburban Residential. This property is being annexed concurrently with review of the preliminary plat and the developers are requesting an assignment of R-2, Suburban Residential. A conditional use permit has also been filed to allow the creation of the 4 townhouse units by the shifting of density within the site. The R-2 zoning district allows the creation of two unit townhouses with a conditional use permit. As proposed the subdivision has approximately 2.3 dwelling units per acre. I. Utilities: This subdivision would receive full City services upon annexation and development. Water: City of Kalispell Sewer: City of Kalispell Solid Waste: Private contract hauler/City of Kalispell Gas: Northwest Energy Electricity: Flathead Electric Coop (underground) Telephone: CenturyTel (underground) Fire: City of Kalispell Schools: West Valley School District, School District 5 Police: City of Kalispell 3 REVIEW AND FINDINGS OF FACT This 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 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 Uniform. Fire Code and have access which meets City standards. All of the lots 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 Uniform Fire Code and approved by the fire chief. 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 Prior to submitting the subdivision the owners have conducted a detailed flood study. On October 14, 2005 the owners received a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA) which reduced the floodplain boundary shown on the FEMA Flood Insurance Rate Map Panel 1805. The revised 100 year floodplain is shown on the preliminary plat and, as the preliminary map indicates, all proposed lots are outside of the 100 year floodplain. Access: Access to the subdivision will be from Hathaway Lane, a County road in fair condition. A new internal roadway will provide access to the lots and be constructed to City standards. The owners have requested a variance to the cul- de-sac length. Further discussion of the requested variance can be found in section H of this report. There is lack of pedestrian access along Hathaway Lane which has a pavement width of between 22 and 24 feet, but no sidewalks, curbing or landscaping. It is designated as a local street in the Kalispell Growth Policy and is a two-way roadway with approximately 60 feet of right-of-way. Hathaway Lane accesses onto US Hwy 2 West in a section where there is two-way traffic. Noise: The future highway bypass will be located east and northeast of the proposed subdivision with the northeast portion of the property proposed to be subdivided going towards the bypass right-of-way. The Montana Department of Transportation (MDT) provided the Planning Department with a noise contour map of projected noise contours along the highway bypass. MDT also provided the Planning Department with a document titled Information for Local Officials on Highway Traffic Noise. This document provides noise level guidelines for specific uses along the proposed highway bypass and some specific noise abatement measures recommended to mitigate noise impacts. The attached map of the proposed subdivision titled Existing Conditions and General Layout illustrates anticipated noise levels from the highway bypass. A noise decibel level of 64 is shown along the southwestern edge of lots 5 and 6. The closer you move to the highway bypass this decibel level will increase. The document provided by MDT states that noise impacts occur when noise levels M approach a decibel level of 67 in residential areas. Therefore, the Planning Department is recommending the following mitigation measures for future construction on lots 5 and 6 based on information contained in the document titled Information for Local Officials on Highway Traffic Noise: On lots 5 and 6 garage construction shall be located between the house and the future bypass area as shown the plat of Autumn Creek subdivision. Construction of homes on lots 5 and 6 shall utilize sound -absorbent materials along the side of the house facing the highway bypass. The owners have proposed a landscape berm, shown on the attached map titled Utilities, Street, and Drainage, however such a berm would only be a few feet high within the proposed 20-foot width provided for the berm and, therefore, would be ineffective for reducing the decibel level. B. Effects on Wildlife and Wildlife Habitat: This property has some significant topography related to an Ashley Creek tributary which runs through the site and appears to provide habitat for a variety of grasses, cattails and birds. There may be some migratory birds and occasional deer may visit the site, however, this area does not appear to provide significant habitat for wildlife. The developer has attempted to limit impacts to the riparian area within the site that provides habitat to wildlife by creating an open area of approximately 1.85 acres that would be owned, maintained and conserved by the homeowners within the subdivision. The riparian area would not be disturbed, filled or otherwise developed, but rather would be left in a natural state. 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. An Ashley Creek tributary runs through this property and could potentially be impacted by construction and development in the area. Best management practices should be taken when working along this drainage and the developer should clearly stake and protect the wetland area. Drainage: This site has some limited topographical constraints related to the floodplain and wetland area but should not pose unusual challenges to site 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. D. Effects on Local Services: Water: Water service to the subdivision would be provided by the City of Kalispell and extended from a water main that lies to the northeast of this subdivision in Greenbriar Subdivision, a City subdivision. The main would be extended from its current location through a City park, through Montana Department of 5 Transportation property and through the bypass corridor to the subdivision. It is uncertain at this ,juncture when the water loop connection for the subdivision may be required since it will depend on the fire flows that can be obtained and whether they will meet the requirements of the International Fire Code. Most likely the water system will be completed prior to final plat submittal. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department and the Kalispell Fire Department as part of the development of the subdivision. There is adequate capacity within the City's water system to accommodate this development. Sewer: Sewer service will be provided by the City of Kalispell with an extension of existing sewer mains from their current location in Greenbriar Subdivision to the northeast. Again., the main would be extended through State owned property and the developers will be required to obtain an easement from the State for the utility extension. Design and construction of the mains will be reviewed and approved by the Kalispell Public Works Department. There is adequate capacity within the sewage treatment plan to accommodate this development. Roads: Traffic projections for this subdivision are estimated to be approximately 200 additional individual vehicle trips per day based on the estimate of 10 vehicle trips per residence per day in the area onto Hathaway Lane and US Hwy 2 West. The developer is proposing two internal cul-de-sac roads to serve the lots within the subdivision. The cul-de-sac roads will be constructed to City standards which include curb, gutter, sidewalks and landscape boulevards within the subdivision. In order to construct the internal roads to serve the subdivision the developer may need to extend an existing culvert pipe located in the creek on the west side of the subdivision, adjacent to Hathaway Lane. As a recommended condition of approval, the developer will be required to fill out a 310 application provided by the Flathead County Conservation District and submit the application to determine if a permit is needed and whether any mitigation is required. Hathaway Lane is a County Road that does not meet urban standards and approximately 1000 feet of the roadway will be used to access this subdivision. The Kalispell Public Works Department is recommending that Hathaway Lane, along the frontage of the proposed subdivision, be improved to Kalispell Design Standards for local roads from the center line of the roadway back to the subdivision boundary. The improvements would include widening the existing travel way and installing curb, gutters, boulevard and a sidewalk. Hathaway Lane currently experiences light volumes of traffic which does not significantly impact the condition of the road. If the proposed subdivision is improved, it will add approximately twice the amount of traffic Hathaway Lane currently receives from existing residences. Therefore, the Planning Department would also recommend that at a minimum a waiver to protest the creation of a special improvement district for upgrading the remainder of Hathaway Lane to City standards should be required as a plat condition. Comments received from the County Road Supervisors include widening Hathaway Lane to a standard 24--foot width with 4-foot shoulders on either side of the roadway from the intersection of US Hwy 2 West north along Hathaway Lane for a distance of 150 feet. The County Road Supervisors also recommended that 2 Hathaway Lane, from the intersection of US Hwy 2 West to the north end of the subdivision, be included in the annexation and the City of Kalispell maintain this portion of the road. The Public Works Department commented on the road annexation recommendation and stated that if the County is willing to improve Hathaway Lane to urban standards then the Public Works Department would recommend that the City annex the road. However, it is unlikely the County would upgrade the roadway. One of the primary issues identified by the planning board at their June and September meetings in 2005 was the intersection of Hathaway Lane and US Hwy 2 West and potential. improvements. Since that time the consultants have contacted the Montana Department of Transportation to discuss improvements. In a letter from Glen Cameron of MDT dated March 7, 2006, he states that sight distance is good in both directions at the intersection of US Hwy 2 West and Hathaway Lane. Furthermore, he states that the proposed volumes of traffic generated by the development would not warrant a westbound deceleration lane or a right hand turn lane. In a subsequent phone conversation with Mr. Cameron and planning department staff, Mr. Cameron stated that although his letter references Autumn Creek as a 19 lot subdivision, adding one more lot would stall not change MDT's comments regarding the intersection of US Hwy 2 West and Hathaway Lane. In order to warrant left or right turn lanes and/or deceleration lanes at the intersection of US Hwy 2 West and Hathaway Lane, Mr. Cameron stated that a subdivision in the area of 100 lots may require such mitigation. The Kalispell Bypass corridor crosses the northeast corner of the subdivision and should be indicated on the final plat as being reserved for future acquisition by the State. The preliminary plat has indicated the bypass corridor with shading and labeled this area as a future bypass. This corner of the property that is in the bypass corridor appears to contain approximately 1/3 of an acre. The area within the future highway corridor should not be included in the lot area but rather platted as a separate parcel for future acquisition. Schools: This development is within the boundaries of the Kalispell School District #5. The school district could anticipate that an additional 10 to 12 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 0.03 acres per dwelling unit when residential densities in a proposed subdivision exceed 11,880 square feet per dwelling unit. The proposed subdivision exceeds the 11,880 square feet per dwelling unit and therefore falls under this parkland dedication requirement. The parkland dedication required for the proposed 20 lots is 0.60 of an acre (26,136 square feet). The owners have proposed setting aside a park area of 0.29 of an acre (12,632 square feet) which is located outside of the 100 year floodplain. 7 The Kalispell Parks and Recreation Director reviewed the parkland dedication and stated that the park is not large enough in size to warrant the City taking over maintenance of the site, but will provide a nice neighborhood amenity for the subdivision. The Director noted that the proposed recreational trail would need to be constructed to ADA standards and the park would need to be improved based on cash from the remaining 0.31 of an acre (13,503 square feet) of parkland dedication necessary to meet the required 0.60 of an acre minimum standard. A plan to provide for amenities such as an irrigated lawn, benches and tables and playset will need to be submitted to the Parks and Recreation. Department for review and approval. The cash in lieu of parkland of 0.31 of an acre will be used for improvements in the approved amenities plan. The 1.85 acres shown on the preliminary plat will not be counted towards the required parkland dedication. Although this area is a natural amenity for the subdivision, it is generally in an unbuildable and unusable area. The open space shown on the preliminary plat by itself does not adequately supply Park and Recreation opportunities to the neighborhood. 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 will review and approve the number and location of hydrants within the subdivision as well as fire flows for compliance with applicable fire codes. Although fire risk is low because of good access and fairly level terrain, the fire department is recommending that access to the subdivision and the hydrants are in place prior to final plat approval and / or use of combustible materials in construction. Solid Waste: Solid waste will be handled by a private hauler in accordance with State statues and taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is close, less than 3 miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has been traditionally used for very limited agricultural purposes, primarily grazing and is more efficiently and effectively used for urban residential development. Its location and its proximity to urban services make this property suited for urban scale development. There will be relatively little impact on agricultural uses within the Malley and no impact on agricultural water user facilities since this property will be served by a public water system. 8 F. Relation to the Kalispell Growth Policy: This property is in the Kalispell Growth Policy's potential utility service area and is anticipated for this type of urban scale development at the time of connection to City utilities. The future land use reap 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 three and twelve dwelling units per acre. The subdivision has a density of approximately 2.3 dwelling units per acre. This subdivision is in compliance with the Kalispell Growth Policy and its goals and policies. G. Compliance with Zoning: This property has been proposed to be zoned R-2 a Suburban Residential district with a minimum lot size requirement of 9,600 square feet and a minimum lot width of 70 feet. Two unit townhouses are a conditionally permitted use provided they comply with the density limitations of the subdivision. A complete report on the conditional use permit for the townhouses is fully detailed in the companion report KCU-06-7. H. Compliance with the KaliispeU Subdivision Regulations: The owners have requested a variance from the subdivision regulations to exceed the maximum cul-de-sac length of 600 feet. Specifically, the owners are seeking a variance from Chapter 3, Table 1 titled Road Design Standards for Local Subdivision Streets. See the attached map titled Variance Diagram for an illustration of the requested variance. The Kalispell Subdivision Regulations allow the City Council to grant variances from Chapter 3 of the subdivision regulations when because of particular physical surroundings, shape, or topographical conditions of a spec property, strict compliance would result in undue hardship and when it would not be essential to the public welfare. The City Council shall not approve variances unless it makes findings based upon the evidence in each specific case that: 1. The granting of the variances) will not be detrimental to the public health, safety or general welfare or injurious to other adjoining properties; The application states that by granting the variance the travel distance for the cul-de-sac will increase by approximately 85 feet and that the added distance may add up to 4 seconds for response times from emergency vehicles. The Kalispell Fire Department reviewed the variance request and did not have a problem with the proposed road extension. 2. The conditions on which the request for a variance(s) is based are unique to the property on which the variance is sought and are not applicable generally to other property; The application states that due to the length and the varying width of the lots proposed to be subdivided a looped road system is not a viable option. The western boundary of the property also has a small tributary creek and wetlands that prevent easy road construction and little or no environmental degradation. 9 3. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, an undue hardship to the owner would result, as distinguished by a mere inconvenience, if the strict letter of these regulations is enforced; As described above under item no. 2, the lots proposed to be subdivided are oddly shaped and the existence of a creek and wetlands limits the road design within the subdivision. The intent of the cul-de-sac length is to encourage better subdivision design and limit cul-de-sacs in excess of 1,000 or more feet. The requested variance would allow a cul-de-sac road to slightly exceed the maximum length. The planning department does not oppose the variance request as it would provide a good subdivision layout and lot design. 4. The variance(s) will not cause a substantial increase in public costs; and The variance willl not cause s substantial increase in public costs. A longer City road will require some additional maintenance however the Kalispell Public Works Department does not have a problem with the additional cul-de- sac length. 5. The variance(s) will not, in any manner, vary the provisions of any adopted zoning regulations, or Master Plan. The requested variance will not vary the provisions in the zoning regulations or the growth policy (master plan). RECOPAbMNDATI©N Staff recommends that the Kalispell City Planning Board adopt staff report KPP-06-10 as findings of fact and recommend to the Kalispell City Council that preliminary plat for Autumn Creek subdivision and the requested variance be approved. However, given the history of the proposed subdivision and past denial staff would also recommend the planning board diligently address public comments brought forward. If the planning board finds that it can adopt the staff report and recommend approval of the subdivision and variance request to the city council then the following conditions should be attached: . 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) 2. New infrastructure required to serve constructed in accordance with the Ci ty 10 be improved to the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. (Kalispell Design and Construction Standards and Findings of Fact Section D) 3. The developer shall submit to the Kalispell Public Works Department 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 improvements have been built as designed and approved. (Kalispell Design. and Construction Standards) 4. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell. (Kalispell Design and Construction Standards) S. If any work is to be done within the creek the developer shall submit a 310 application to the Flathead Conservation District prior to any construction. 6. That an easement shall be obtained from the adjoining property owner to the northeast granting the right to cross those properties for utility extension purposes. (Kalispell Subdivision Regulations, Section 3.08 (A). 7. The following requirements shall be .met per the Kalispell 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 should be noted 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. 8. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 9. The area designated on the plat as "park" will meet the parkland dedication requirements provided that it is developed to create a recreational amenity within the subdivision. Those park improvements shall be addressed in accordance with a plan approved by the Kalispell Parks and Recreation Director so as to provide a recreational component within the development and, at a minimum, the park improvements shall equal a cost amount of 0.31 of an acre of the fair market value of the undivided, unimproved land. A letter from the Kalispell Parks Department shall be provided at the time of final plat that outlines the improvements and confirms those improvements have been made. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Section D). 11 10.The developer shall obtain a permit from the Flathead County Road Department to improve Hathaway Lane to a standard 24-foot width with 4-foot shoulders on either side of the roadway from the intersection of US Hwy 2 West north along Hathaway Lane for a distance of 150 feet. A letter from the Flathead County Road Department shall be submitted stating that all improvements along Hathaway Lane have been completed. (Findings of Fact Section D) 11.A homeowners association shall be created for the maintenance and upkeep of the park serving the subdivision. (Findings of Fact Section D) 12.The following notes shall be placed on the face of the final plat: a. On lots 5 and 6 garage construction shall be located between the house and the future bypass area as shown the plat of Autumn Creek subdivision. b. Construction of homes on lots 5 and 6 shall utilize sound --absorbent materials along the side of the house facing the highway bypass. (Findings of Fact Section A) 13.A note shall be placed on the face of the final plat that waives protest to the creation of a special improvement district for the upgrade of Hathaway Lane to urban standards. (Findings of Fact Section D) 14.Townhouse lots within the subdivision shall be identified by a lot number and letter A or B. 15.The Kalispell Bypass corridor shall be indicated on the final plat as a separate parcel along with a note that states "reserved for future right-of-way acquisition", or if the State has acquired the property as the "Proposed Kalispell Bypass" and not be made part of the proposed lots. (Findings of Fact Section D) 16. The roads 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). 17. 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. 18.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 12 Subdivision. Regulations, Section 3.22). 19. 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)). 20.All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section. 3.17). 21.All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 22.That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). 13 _ Montana Department rt# of ;roes sar}10 �....o _.__.-..�.. f�ar....t iar It T. 2(`.)(:)6 Thomas -Dean. & 1-10skin& Inc 31 three Mile Drive. Suite 101 K lis e?I N11- _)99i_�, Subject: Aurignn.CrI—& SUbdiVi.3101 The department received a. letter from TD&H recuesting our comments on the following Improvements to Highway 2 which :'Tiny reduce neighborhood concerns: ...................._..-" "- ............ i. _. zlVesti ai r d l eceleration an for Right- and turns onto' f-lathaway lane • Center Acceleration/Westbound Lett Turn `tare onto Hathaway Lana My comments are -is follows: Hathawav Lane is located at the bottom of a: vertical cuRje on a straight section al` road within a 45 snph speed zone. T Here is guardrail to the inns; of the approach along highway 2 and o#1 thy south side of, highway 2 protecting the steep fill slopes. The guardrail does notprovideany site obstrucxions fror n :the: approach, site distance is good in both directions There are also adjacent residential homes and private alcoesses along highway 2 i:rl this location. Hathaway Lane currently serves about 95 residential homes and a Janitorial Service Business. The .proposed subdivision is for 119 lots. on 8.5813cres 0 am assuming residential as the letter does not indicate). The proposed 19.1ot subdivision could generate an -9dditional. 160 - 19 trips Pe: day.. C rnoininq the current traffic volumes on Hathaway -Lane w=th to:a-Toped VOrUMeS Of this development a Westbourid Deceleration LaneiRign't-hand turn lanewould not be warranted. From a cursory review, it would appear additional right-of-way Would also be needed. Regarding the cente.,r acceleration/westbound left turn ftane - r,rst to my knowledge we do ;,ot navy center acceleration lanes, so 1 am unsure what 'that means, A westbound left turn lane would not be warranted and would also be very- very expensive as ;you would be dealing w.tf tr a steep fill slopes on both side's of the highway, guardrail replacement and the need for additional ig i-of-way. The letter indicates the residents areconcerned aboi t the wait time experienced at the intersection ("Vaiting to get onto hwyt 2 from Hathaway Lane). Neiither of the presented improvements would alleviate this concern. There may be some minor delay on the approach due to the voiumes on highway,_?. However this delay could be exper`..enced at any ;apppoach while waiting fur a gap ire traffic, The only way to fully alleviate that, is with a :trade separated interchange. l do not have ;any concerns with the aroposed ng-ldt residential 5ubdMsj or! ar?d `his _-x>srina access at thhis time. glen 5aMemlp �• � A City of 3.ela JUL Planning Department KALISIP;4SJANNING DEPARTMENT 17 - 2nd Street East, Suite 211, Kalispell, Montana a Telephone: (406) 751-1850 Fax: (406) 751-1.858 MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION FEE SCHEDULE: FEE ATTACHED $2,850.00 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 rase 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: Autumn Creek OWNER(S) OF RECORD: Name Lee and Linda Hershberger Phone 360-825-6629 Mailing Address 24212 SE 384th Street City Enumclaw State WA Zip 98022 TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name & Address Thomas, Dean & Hoskins, Inc., 31 Three Mile Drive, #101, Name &Address Kalispell, MT 59901 Name & Address LEGAL DESCRIPTION OF PROPERTY: Property Address On East side of Hathaway Lane, North of Highway 2 West Assessor's Tract No(s) 0174851 Lot No(s) 6AAK, 6DI, 6AB 1/4 Sec SW Section 12 Township 28N Range 22W GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces 20 Total Acreage in Subdivision 8.69 Total Acreage in Lots 4.66 Minimum Size of Lots or Spaces 0.14 Total Acreage in Streets or Roads 1.60 Maximum Size of Lots or Spaces 0.29 Total Acreage in Parks, Open Spaces and/or Common Areas 2.15 J12005105-073A05-073-001 Autumn Cr. Subdiv Preplat ZoninalWord/Kalispell Forms17.25.06 Kalispell Major Prelim Plat.pdf PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family 16 Townhouse 4 Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi-Farnily Other APPLICABLE ZONING DESIGNATION & DISTRICT ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS IMPROVEMENTS TO BE PROVIDED: Roads: Gravel Paved X Curb X Gutter X Sidewalks X Alleys Other Water System: .Individual Multiple User Neighborhood Public ._Other . Sewer System: Individual Multiple User Neighborhood Public X _Other Other Utilities: Cable TV ___Telephone X Electric .X—Gas X Other Solid Waste: Home Pick Up x -Central Storage Contract Hauler Owner Haul Mail Delivery: Central Individual __School District: Fire Protection: Hydrants X Tanker Recharge Fire District: Drainage System: PROPOSED EROSION/SEDIMENTATION CONTROL: Silt fence along subdivision side of flood plain VARIANCES: ARE ANY VARIANCES REQUESTED? YES (yes/no) if yes, please complete the information below: SECTION OF REGULATIONS CREATING HARDSHIP: Kalispell Subdivision Regulations Chapter 3, Table 1 Road Design Standards and Design Standards Section 11 Cul-Lae-Sac's. Each section sets a maximum length of cul- de -sac at 600 feet. There is no definition of how to measure the length. If the length is measured from the nearest intersection it is 330 feet. If the length is measured from the right of way of Hathaway to the start of the cul-de-sac the length is 590 feet. Only when the length is measured from the center of the right of way to the center of the cul-de-sac does the length exceed 600 feet. EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE WITH REGULATIONS Because of the irregular geometry of the property, a loop road is not feasible. A loop road would create double frontage lots, increase the hard surface area and cause a reduction in the number of lots. A 600 foot cul-de-sac measured from the center line of Hathaway Lane to the center of the cul-de-sac would create a remainder between the easterly lots and bypass right of way. This area would not be accessible. Strict adherence to the regulation would encourage poor land use planning and the loss of two to three lots. PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: Because of the irregular geometry of the property, a loop road is not feasible. A loop road would create double frontage lots, increase the hard surface area and cause a reduction in the number of lots. A 600 foot cul-de-sac measured from the center line of Hathaway Lane to the center of the cul-de-sac would create a remainder between the easterly lots and bypass right of way. This area would not be accessible. Strict adherence to the regulation would encourage poor land use planning and the loss of two to three lots. 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 properties? Depending on how the length is measured, the maximum added distance of travel for an emergency vehicle is 85 feet. The added distance would add between 2.3 and 3.9 seconds to the travel time to three lots. The added time will not be detrimental or injurious to residents of Autumn Creek. No other properties are effected. 2. Will the variance cause a substantial increase in public costs? There will be no observable increase in public cost. 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations, Master Plan or Growth Policy? The regulation governing the length is part of the Subdivision Regulations and Kalispell Design Standards. None of the above are affected by the variance. 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? The tracts geometry creates the need for the variance. The lot length is 850 feet and the width varies between 300 feet and 576 feet irregularly. The width is too narrow for a looped road system and the length is too long for a cul-de-sac. 5. What other conditions are unique to this property that create the need for a variance? The westerly boundary is a creek with undisturbed wetlands. A delineated flood plain parallels the creek. The westerly portion of the site could be served with a looped road crossing the wetlands and flood plain. The proposed single access causes no disturbance of the wetlands or flood plain. These wetlands are being placed in a conservation status. Limiting the disturbance preserves this valuable resource and the function of the wetlands. Granting the variance encourages conservation and preservation of the wetlands. 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# See-Tvm-R.n Lot/Tract No Property Omer & 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. (Applicant) 4 (Date) Randy Brodehl - Fire Chief Brent L. Christopherson - Assistant ChiefiPrevention Dan Diehl — Assistant Chief/Operations 7-26-06 Thomas Dean & Hoskins, Inc. Attention: William D. Boger, P.E. 31 Three Mile Drive, Suite 101 Kalispell, MT 59901 RE: Autumn Creek Subdivision -Preliminary Plat Dear Mr. Boger: We have the following comments on the above project: 312 First Avenue Fast Kalispell, Montana 59941 (446) 758-7760 FAX: (406) 758-7952 p CE0 LE t 0 ;emu=.�6 KALISPELL PLANNING DEPARTMENT 1. 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. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. The 4 hydrant locations on the preliminary site plan attached to your letter dated June 20, 2006 to the Kalispell Fire Department are approved. Average fire hydrant spacing for commercial development is 300 feet. Average hydrant spacing for residential development is 500 feet. Fire hydrant locations and fire flow requirements will be approved by this department prior to installation. Fire hydrants will be fully functional prior to commencing combustible construction 2. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. 3. Street reaming shall be approved by the fire department through Fred Zavodny in our Public Works Department. Mr. Zavodni can be reached at 758-7725. 4. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, except for approved security gates, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Fire apparatus access roads shall be "Assisting our community in reducing, preventing, and mitigating- emergencies. " • Page 2 July 26, 2006 designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Fire apparatus access roads 20 to 26 feet wide shall be posted on both sides as a fire lane. Fire apparatus access roads more than 26 feet wide to 32 feet wide shall be posted on one side of the road as a fire lane. Please contact me if you have any questions. I can be reached at 758-7763, Sincerely, Brent L. Christopherson Assistant ChieflPrevention c.c. Sean Conrad, Planning Department P.J. Sorenson, Building/Planning Department "Assisting our community in reducing, preventing, and mitigating emergencies. " AUTUMN CREEK SUBDIVISION ENVIRONMENTAL ASSESSMENT INTRODUCTION The proposed'.Autumn Creek Subdivision is located west of Kalispell on Hathaway Lane 1,500 feet north of Highway 2. The subdivision will include 20 lots, approximately 0.2 acres each. The legal description of the subdivision is Tracts 6D1, 6AAK and 6AB. Section 12, T28N, R22W. LGEOLOGY The subject property is primarily level farmland. Due to the flat nature of the site, hazards that may cause property damage or personal injury are not present. H. SURFACE WATER A tributary to Ashley Creek is located on the west and southwest portion of the property. The tributary enters the property through a culvert under Hathaway Lane and exits south of the property via two culverts. The tributary widens as it flows through the subject property, where an island is formed. The tributary then continues south to Ashley Creek. At ultimate flow, the tributary is expected to flow at 24.039 efs, based on analysis using HEC-HMS modeling software developed by the Army Corp of Engineers. An open/conservation area will be created to ensure preservation of the tributary and surrounding area. The subject property is currently delineated as zone "A" floodplain the letter of map revision (LOMR) from FEMA is attached. III. VEGETATION The subject property, previously farmland, is not currently being used for agricultural ..... - purposes. Trees and reeds exist on the property in the open/conservation area and will be protected during construction activities. The property; excluding the openlconservation area, is primarily composed of native grasses. It will be necessary to remove vegetation for construction of road and home sites. Disturbance to areas other than road and home sites will be kept to a minimum. Areas that are disturbed will be seeded to native grasses or based on an approved plan from the Weed and Parks Department. The layout for proposed roads and lot configuration has been included in Appendix A. IV. WILDLIFE The subject property may be associated with, or include the following species; ground squirrel, whitetail deer, red squirrel, snowshoe hare, porcupine, fox, coyote, hummingbird, raven, crow, finch, chickadee, robin, bluebird, pheasant and grosbeak. 7.25.06.ENVIRONMENTAL ASSESSNIENT.doc - I - The open/conservation is being left natural and disturbance to wildlife should be minimal. The Montana Department of Fish, Wildlife and Parks were not able to respond with a letter regarding this subdivision prior to submittal. V. AGRICULTURE AND TIMBER PRODUCTION The property is 8.694 acres in size and was previously used as grazing and farmland. The soil on site can be classified, according to The Soil Survey: Upper Flathead Valley Area Montana, primarily as Kalispell silt loam (Ku). The open/conservation area is classified as alluvial land (Aa), which is typical of creek beds. Information from the Upper Flathead Valley Area Soil Survey has also been included in Appendix E. The property is not currently being used for farming or grazing purposes. Historical records show that 7.58 acres of the property is classified as tillable non -irrigated land/continuously cropped. Crop production was approximately 28-29 bushels of wheat per year per acre. The remaining property is classified as grazing land. General property information is enclosed in Appendix C. Activities immediately surrounding the property include minor agricultural producer, horse owners and residences. Several home structures are located to the south of the property and Greenbrier Subdivision is located to the northeast. The proposed subdivision is expected to be compatible with the surrounding area. VI. HISTORICAL, ARCHAEOLOGICAL OR CULTURAL FEATURES There are no known historical, archaeological or cultural features onsite. The landowner is unaware of any past historical importance of the site. A letter from the Montana Historical Society has been attached in Appendix F. VII. SEWAGE TREATMENT Autumn Creek Subdivision will be connecting to municipal sewer. Given wastewater flow of 87 gallons per day per capita and 2.5 residents per household when fully developed (Kalispell Standards for Design and Construction), an estimated 4,350 gallons per day_of_wastewater. will._be. generated.. Wastewater will be conveyed to a pump station by way of 8-inch gravity mains. Wastewater will connect to, and become part of, municipal sewer in the Greenbriar Subdivision. Various wells in the area indicate groundwater approximately 42 feet deep with no indication of bedrock above 130 feet. Well logs are enclosed in Appendix D. The developer will bear the costs for placement of the sewer system. The City of Kalispell will be responsible for operation and maintenance of the sewer system upon completion and acceptance. Connection to municipal sewer is expected, approximately, in October 2006. Verbal permission to connect with municipal sewers has been granted by the City of Kalispell. The sewer system layout has been enclosed on a site reap located in Appendix A. VIII. "WATER SUPPLY Water supply will be provided to Autumn Creek Subdivision through municipal water mains. An 8-in water train will extend from Greenbrier Subdivision to Autumn Creek 7.25.06.ENVIRONMENTAL ASSESSMENT.doi .2. Subdivision. The developer will bear the costs of extending and connecting to municipal water. When connected, the water main will become part of the municipal water supply. The City of Kalispell will be responsible for operation and maintenance upon completion and acceptance. Verbal permission to extend municipal water mains has been granted by the City of Kalispell. Water mains have been located on a site map enclosed in Appendix A. IX. SOLID WASTE The collection of solid wastes will fall under the City of Kalispell's jurisdiction. The ultimate destination for said solid wastes will be the Flathead County Landfill. Individual garbage units are proposed for each lot in the subdivision. X. DRAINAGE Drainage patterns associated with the subdivision are not expected to impact adjoining properties. A storm drainage plan will be developed for the property, and post construction water will be retained onsite. Internal road surfaces and driveways will be paved. Curb, gutter and grass swales are proposed to direct and accommodate increased storm water runoff. Each lot will retain its own runoff through use of individual swales. The transportation network servicing Autumn Creek Subdivision is shown on the preliminary plat. Access to the property will come from Hathaway Lane 1,500 feet north of Highway 2. All lots will have driveway access from the internal subdivision roads. Road right of way will be 60 feet and minimum pavement widths of 28 feet will be maintained throughout the subdivision. The roads, within the subdivision, will be designed to Kalispell City Standards. All internal subdivision roads will be paved and constructed by the subdivider. Maintenance of the roads will be in the jurisdiction of the City of Kalispell. ..............................._..........._......_._.__.._.................................I..........................................................._......._......_..._._.._....._.._..._....._.....I.....-------............................................ ................... The northwest corner of the property is anticipated to be dedicated to The Montana Department of Transportation as highway right of way. This right of way is in anticipation of a future truck bypass route. There will be no access; to or from the property, through this highway right of way. At full build -out, the subdivision may generate a maximum of 200 vehicle trips per day (20 residential units at 10 trips per day). Trip direction from the subdivision will most likely be a left turn, from the subdivision, onto Hathaway Lane towards Highway 2. Traffic is then expected to turn left on Highway 2 and head east, into Kalispell. The County, State; and City transportation networks in the region can adequately accommodate the anticipated vehicle trips from this subdivision. Letters from The Flathead County Road Department, regarding the subdivision, have been enclosed in Appendix F. A traffic study of the intersection of Highway 2 and Hathaway Lane may be conducted in accordance with the request from the Coimty Road Department. 7.25,06.L•NVIRONMENTAL ASSESSMEtvTdoc - 3 - Improvements, if necessary to Hathaway Lane will be coordinated with the County Road Department. Enclosed in Appendix J is the Flathead County Approach Permit for Autumn Creek Subdivision and the supporting details. MI. EMERGENCY SERVICES The subdivision is petitioning for annexation into the Kalispell Fire District. Four fire hydrants are proposed for the subdivision. The road network has been designed to provide one ingress/egress's with a gentle grade and cul de sacs at the end of each road. Police protection will be provided by the Kalispell Police Department. Autumn Creek Subdivision is not expected to demand many police related services. Kalispell has a highly trained ambulance and Quick Response Unit that can respond to medical emergencies in the area. Personnel include various grades of EMT's, including a paramedic EMT. The ALERT helicopter of Kalispell Regional Hospital is also available for air transport of medical emergencies. This subdivision is not expected to over burden these emergency services. The subdivision is not expected to generate an undue demand for emergency services. Design features of the subdivision, such as fire hydrant locations, have been discussed with the Kalispell Fire Department and are intended to minimize threats to public safety. Kalispell Fire Department did not respond with a letter regarding this subdivision prior to this submittal. XHI. SCHOOLS The proposed subdivision is located in Kalispell School District 5 of the Flathead County School District. An estimated 1.5 students per house are expected to attend Peterson Elementary School (K-6), Flathead Junior_High School . and Flathead High School. ............................................................I ....................... Kalispell School District 5 was not able to respond with a letter regarding this subdivision prior to this submittal. XIV. ECONOMIC BENEFITS The property is currently being assessed as ``farmstead rural". Total taxable market value was $5,026 in 2004, and taxable value was $165.85. Taxes from the tract are divided between general county functions, which include the sheriff's office, schools, and other departments. The following is a breakdown of the amounts received by each presently: County/General $11.40 Sheriff $4.84 Kalispell Elementary 5 $24.43 Flathead High School $12.91 7.25.06.ENVIRONNIFNTAL ASSESSMENT.doc - 4 - General Schools $16.71 State- School Aid $6.63 Smith Valley Fire $2.25 The single-family lots are comparable to lots in Greenbriar Subdivision. Houses constructed on the lots will also be approximately the same in value. The project is planned as one phase. The following information was based on tax records in Greenbriar Subdivision. Estimated Values # Lots Market Taxable Phase 1 20 $1,546,340 $51,029 Below are the taxed amounts projected at full build out to the specific departments: County/General $3,511,33 Sheriff $1,488.47 Kalispell Elementary 5 $7,517-00 Flathead High School $3,970.60 General Schools $5,141.73 State — School Aid $2,041.13 Kalispell City Functions $13,411.40 The subject property tax notice has been enclosed in Appendix C. XV. LAND USE The property was previously used for grazing and farmland, but is currently inactive at this time. A pole barn is located on the southern portion of the property and will be removed before construction. The proposed subdivision, Kalispell zone R-2, is similar and compatible to surrounding land uses. Residential subdivisions in the area include Greenbriar .Subdivision and ...............___....'__._....................................... _.. . .... ......................... several housing units surrounding the property. The subdivision will provide safe and convenient access to the individual lots without adversely affecting the access to any adjoining properties. There are no perceived risks to the subdivision originating from adjoining land uses. The subdivision will not create any on -site nuisances. All access roads will be paved to eliminate dust hazards. Landscaping and the retention of substantial natural areas should minimize any land use transition difficulties. Three letters regarding the Autumn Creek Subdivision from land owners on Hathaway Lane are enclosed in Appendix F. XVI. PARKS AND RECREATION FACILITIES 7.25.06.ENVIRONMENT'AL ASSESSMENT.doe - 5 - The subdivision proposes approximately 2 acres of open/conservation area. This area will allow for wildlife and scenic viewing. This subdivision's close proximity to Kalispell gives it access to all of Kalispell's recreational and park facilities. Lone Pine State Park, Ashley Creek and Foy's Lake are all located within a five to ten minute drive. The parkland requirement is .956 acres based on 11% dedication. Based on a per acre value of $578.10, the resulting fee in lieu of parkland dedication would be $552.86. 1t is proposed that; per City of Kalispell Subdivision Regulations 3.19.B.1.f.. an area be set aside to protect the natural habitat existing in the riparian environment in the southwest corner of the property. XVII. UTILITIES The subdivision will be serviced by a full range of public utilities. Flathead Electric Co- op will provide electricity, CenturyTel will provide telephone service and Northwestern energy will provide gas. Gas and electric lines currently exist along Hathaway Lane, fronting the property. Cable television is also available in the area and would be provided to the subdivision by Bresnan Coxnxnunications. All utility services will be extended following approval of the preliminary plat. 7'5.06.ENVIRONMENTAI, ASSESSMENT.doe - 6 - Common Ind -nor and Outdoor 11rrise Levels Sound Common Outdoor poises Level Common Indoor Noises dBA) 140 130 10 M i-iflG SO A. 4i at 15 feet Food Blender at 3 feet Garbage Disposal at 3 feet 70 Vacuum Cleaner at 10 feet ACA Normal speech at 3 feet 50 Dishwasher next roam Library 30 Bedroom at night Threshold of hearing 0 Ho c': Sound is received differently by every individual Prepared William D. Boger, Drew Harris Owner: L e and Linda Hershberger W DP FLATHEAD COUNTY ROAD AND BRIDGE UDEPARTMENTS 800 SOUTH MAIN KALISPELL, MT 59901 Phone: (406) 758-5790 Fax: (406) 758-5794 June 26, 2006 ATTNT : William Boger Thomas, Dean & Hoskins 31 Three Mile Drive, Suite 101 Kalispell, MT 59901 RE: Autumn Creek Subdivision Dear William: Please refer to the letter dated April 26, 2005, sent to Kyle Scarr at T, D & H, regarding the Autumn Creek Subdivision. The Flathead County Road Dept. requested a traffic study be completed at the intersection of Hathaway Lane and Highway 2. The additional 270 trips per day are definitely going to have an impact on this intersection. In addition, the condition of Hathaway Lane is also a concern to the Flathead County Road Dept. In order for this road to handle an additional 270 trips per day, the road should be reconstructed to urban standards in order to handle traffic safely. Si rlesE. Johnson Superintendent CEJ; pdv 800 S®UTH MAIN KALISPELL, MT 59901 Phone: (406) 758-5790 Fax: (406) 758-5794 April 26, 2005 ATTNT : Kyle Scarr Thomas, Dean & Hoskins 690 N. Meridian., Suite 101 Kalispell, MT 59901 RE: Autumn Creek Subdivision Dear Kyle: The Flathead County Road Dept. would like a traffic study completed at the intersection of Hathaway Lane and Highway 2. The additional 270 trips per day are definitely going to have an impact on this intersection. In addition, the condition of Hathaway Lane is also a concern to the Flathead County Road Dept. In order for this road to handle an additional 270 trips per day, the road should be reconstructed to urban standards in order to handle traffic safely. Sincerely, A Charl "s E. Johnson Superintendent CEJ; pdv MONTANA HISTORICAL SOCIETY 225 North Roberts :. P.O. Box 201201 ¢ Helena, MT 59620-1201 4. (406) 444-2694 4 FAX (406) 444-2696 4 www. a nontanahisroricalsodery, org 4 .Tune 28, 2006 William Boger TD&H 31 Three Mile Drive; Suite 101 Kalispell MT 59901 J RE: AUTUMN CREEK SUBDIVISION, KALISPELL. SHPO Project #: 2006062111 Dear Mr. Boger: I have conducted a cultural resource file search for the above -cited project located in Section 12, T28N R22W. According to our records there have been a few previously recorded sites within the designated search locale. In addition to the sites there have been a few previously conducted cultural resource inventories done in the areas. If you would like any further information regarding these sites or reports you may contact me at the number listed below. It is SHPO's position that any structure over fifty years of age is considered historic and is potentially eligible for listing on the National Register of Historic Places. If there are any structures over fifty years old we would recommend that they be recorded and a determination of their eligibility be made. If there are no structures we feel that there is a low likelihood cultural properties will be impacted. We, therefore, feel that a recommendation for a cultural resource inventory is unwarranted at this time. However, should cultural materials be inadvertently discovered during this project we would ask that our office be contacted and the site investigated. Thank you for consulting with us. If you have any further questions or comments you may contact me at (406) 444-7767 or by e-mail at dmurdo mt.g©v. Sincerely, Damon Murdo Cultural Records Manager File: LOCALISUBDI'VISIONS/2006 STATE HISTORIC 'RESERVATION OFFICE � 1410 8 h Ave -?> P.O. Box 201202 4 Helena, MT 59620-1202 o. (406) 444-771.5 + FAX (406) 444-6575 Marls & Kathy Noland 8 Hathaway Lane Kalispell, MT 59901 Cell phone:: 25;-8982 May 24, 2006 To Whom It May Concern.: We own a house at 8 Hathaway Lane as well as the business, Flathead Janitorial & Rug Service, Inc. at 4 Hathaway Lane. We are in favor of the Autumn Creep Development that has been proposed on Hathaway Lane. Please feel free to contact us if you have any questions. Sincerely, Mark Noland q<4y oland May 24, 2006 To Whom It May Concern: We own property on Hathaway Lane. We are not opposed to the Autumn Creels Development that has been proposed on Hathaway Lane. Please feel free to contact Lis if you have any questions. Sincerely, May 24, 2006 To Whore It May Concern: We own property on Hathaway Lane. We are not apposed to the Autumn Creek Development that has been proposed on Hathaway Lame. Please feel free to contact us if you have any questions. Sincerely, f Ronald and Brenda Profitt 100 Hathaway Lane Kalispell, MT 59901 .August 1, 2006 City of Kalispell Planning Department Planning Board and Zoning Commission 17- 2°d Street East, Suite 211 Kalispell, MT 59901 RE: Autumn Creek Preliminary Plat —Lee and Linda Hershberger We received notice from our neighbor that the Hershberger's have re -submitted their request to sub -divide their property on Hathaway Lane. In reviewing the preliminary plat, we did not see any changes to the previously submitted plat which was denied. We submitted public comment and a written letter on September 13, 2005 (copy enclosed) which expressed our major concern traffic safety-- in adding 21 more residences on the dead-end street Hathaway Lane. Please review our previous letter. One issue that has not been brought up is that Highway 2 West is experiencing more traffic due to growth west of Kalispell. This will only continue to worsen and improvements to Highway 2 are desperately needed. Adding 21 more residences with potentially more than 40 cars accessing the highway numerous times a day from a sub- standard road with already very unsafe access to Highway 2 creates the recipe for tragic accidents. Presently with less than 10 residences and a commercial operation ---Flathead Janitoral--on Hathaway Lane we wait between 4-10 minutes to access the highway going east into Kalispell. Imagine what it will be like with 31 residences! A stoplight is the only way to help alleviate this safety issue. We are not opposed to growth or subdivisions and understand the need for an inventory of lots in the Kalispell area for our projected increase in population. We just feel that the City Planning and Zoning Board and City Council need to ensure that citizens" safety is taken into account and that the street infrastructure can support any subdivisions that are approved. rely, Ronald E. Profitt Brenda S. Profitt ROIL & BRLNDA PROFITT P.O. Box 760t 100 Hathaway iAne Kalispell, MT 59904 Phone (406)756-8077 Fax (406)7522691 September 13, 2005 City of Kalispell Planning Department 17 20* Street East, Suite 211 Kalispell, MT 59901 RE: Autumn Creek Subdivision Annexation We live at the dead-end of Hathaway Tune in Kalispell —down the street from the proposed Autumn. Creek subdivision. We appreciate that the developers are attempting to be annexed into the city limits —especially for sewer and water issues. However, our main cone regarding this development is the traffic safety for residents of Hathaway Lane and also Highway 2 WesL After meeting with Narda Wilson, Senior Planner, we understand that the developer has proposed improvements to Hathaway Lane south ofthe proposed entrance to Autumn Creek and that there will be a deceleration lane on Highway 2 West entering Hathaway Lane. No improvements to Highway 2 West traveling east from Hartt Hill are planned. We feel that the City of Kalispell Planning Board and Zoning Commission needs to take into account public safety issues. Hathaway Lane is a dead-end and there are no alternate routes to Ieave or enter_ Adding road improvements to Hathaway and Highway 2 West for traffic entering Hathaway Lane from the east will not help residents trying to access Highway 2 West going into town. It is already unsafe and practically impossible to enter Highway 2 going east now. We feel that adding 25 additional residences with their only way to go to work, school, shopping and about their business for numerous trips a day from one access point is not good planning. We appreciate your consideration. erely, . Ronald E. Profitt Brenda S. Profitt PE0 t'';NA 5�C'u�S Federal Emergency Management Agency_ Washington, D.C. 20472 - CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Gary D. Hall Chairman, Flathead County Board of Commissioners SOD South Main Kalispell, MT 59901 Dear Mr. Hall; OCT 14 2005 IN REPLY REFER TO: G •ry Case No.: 05-08-0481P Community Name: Flathead County, MT Community No.: 300023 Effective Date ofNOV j 2005 This Revision: The Flood Insurance Rate Map for your community has been revised by this Letter of Map Revision (LOMR). Please use the enclosed annotated map panel(s) revised by this LOMR. for floodplain management purposes and for all flood insurance policies and renewals issued in your community. Additional documents are enclosed which provide information regarding this LOMR. Please see the List of Enclosures below to determine which documents are included. Other attachments specific to this request may be included as referenced in the Determination Document. If you have any questions :regarding floodplain management regulations for your community or the National Flood Insurance Program (NFIP) in general, please contact the Consultation Coordination Officer for your community. If you have any technical questions regarding this LOMR, please contact the Director, Federal Insurance and Mitigation Division of the Department of Homeland Security's Federal Emergency Management Agency (FEMA) in Denver, Colorado, at (303) 235.4830, or the FIJ_MA Map Assistance Center toll free at 1-877-336-2627 (1-877-FEMA MAP). Additional information about the NFIP is available on our website at http://www.fema.gov/nflp. Sincerely, l Lloyd A. Hake; Project Engineer Hazard Identification Section Mitigation Division Emergency Preparedness and Response Directorate List of Enclosures: Letter of Map Revision Determination Document Annotated Flood Insurance Rate Map cc: Ms. Peggy Goodrich Floodplain Administrator Planning & Zoning Office Flathead County Mr, William Boger, P.E. Thomas, Dean & Hoskins, Inc. For: Doug Bellomo, P.E., Chief Hazard Identification Section Mitigation Division Emergency Preparedness and Response Directorate Page 1 of 4 1 Issue Date: Effective Date: NOV 14 2905 , ;ase No.: 05-0&0481P Federal Emergency Management Agency Washington, D.C. 20472 LETTER OF MAP REVISION DETERMINATION DOCUMENT COMMUNITY AND REVISION INFORMATION PROJECT DESCRIPTION BASIS OF REQUEST Flathead County NO PROJECT HYDROLOGIC ANALYSIS Montana HYDRAULIC ANALYSIS COMMUNITY (Unincorporated Areas) NEW TOPOGRAPHIC DATA COMMUNITY NO.: 300023 APPROXIMATE LATITUDE & LONGITUDE: 48.198,-114.345 IDENTIFIER New West Properties Subdivision SOURCE: USGS QUADRANGLE DATUM: NAD 83 FLOODING SOURCES) & Unnamed Tributary to Ashley Creek —from approximately 900 feet upstream to approximately 2,100 feet upstream of REVISED REACH(ES) U.S. Highway 2 Effective Flooding: Revised Flooding: Increases: Decreases: BFEs — Base Flo, Zone A Zone A YES SUMMARY OF REVISIONS ANNOTATED MAPPING ENCLOSURES I ANNOTATED STUDY ENCLOSURES 1 TYPE: FIRM* NO.: 300023 1805 D Date: September 30, 1992 1 NO REVISION TO THE FLOOD INSURANCE STUDY REPORT FIRM — Flood Insurance Rate Map; "* FBFM -- Flood Boundary and Fioodway Map; *** FHBM -- Flood Hazard Boundary Map DETERMINATION This document provides the determination from the Department of Homeland Security's Federal Emergency Management Agency (FEMA) regarding a request for a Letter of Map Revision (LOMR) for the area described above. Using the information submitted, we have determined that a revision to the hood hazards depicted in the Flood Insurance Study (FIS) report and/or National Flood Insurance Program (NFIP) map is warranted. This document revises the effective NFIP map, as indicated in the attached documentation. Please use the enclosed annotated map panels revised by this LOMR for floodplain management purposes and for all flood insurance policies and renewals In your community. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at 1-877-336.2627 (1-877-FEMA MAP) or by letter addressed to the LOMR Depot, 3601 Eisenhower Avenue, Alexandria, VA 22304. Additional information about the NFIP is available on our website at httpJlwww.fema.govfnflp. =I - Lloyd A. Hake, Project Engineer Hazard Identification Section Mitigation Division Emergency Preparedness and Response Directorate 106979 10.3.1.05080481 1021C --- ....... .... rage 2 of 4 Issue Date: OCT 1 4 '. J Effective oate: NOV 14 20 ! :ase No.: 05-08-0481P M Federal. Emergency Management Agency Washington, D.C. 20472 LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) COMMUNITY INFORMATION APPLICABLE NT FiP REGULATIONS/COMMUNIT'Y OBLIGATION We have made this determination pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (P.L. 93-234) and in accordance with the National Flood Insurance Act of 1968, as amended (Title XIII of the Housing and Urban Development Act of 1968, P.L. 90-448), 42 U.S.C. 4001-4128, and 44 CFR Part 65. Pursuant to Section 1361 of the National Flood Insurance Act of 1968, as amended, communities participating in the NFIP are required to adopt and enforce floodplain management regulations that meet or exceed NFIP criteria- These criteria, including adoption of the FIS report and FIRM, and the modifications made by this LOMR, are the minimum requirements for continued NFIP participation and do not supersede more stringent State/Commonwealth or local requirements to which the regulations apply. COIVIIVTUNITY REMINDERS We based this determination on the 1-percent-annual-chance discharges computed in the submitted hydrologic model. Future development of projects upstream could cause increased discharges, which could cause increased flood hazards. A comprehensive restudy of your community's flood hazards would consider the cumulative effects of development on discharges and could, therefore, indicate that greater flood hazards exist in this area. Your community must regulate all proposed floodplain development and ensure that permits required by Federal and/or State/Commonwealth law have been obtained. State/Commonwealth or community officials, based on knowledge of local conditions and in the interest of safety, may set higher standards for construction or may limit development in floodplain areas. If your State/Commonwealth or community has adopted more restrictive or comprehensive floodplain management criteria, those criteria take precedence over the rninimum NFIP requirements. We will not print and distribute this LOMR to primary users, such as local insurance agents or mortgage lenders; instead, the community will serve as a repository for the new.data. We encourage you to disseminate the information in this. LOMR by preparing a news release for publication in your community's newspaper that describes the revision and explains how your community will provide the data and help interpret the NFIP maps. In that way, interested persons, such as property owners, insurance agents, and mortgage lenders, can benefit from the information. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at 1-877-336-2627 (1-877-FEMA MAP) or by letter addressed to the LOMR Depot, 3601 Eisenhower Avenue, Alexandria, VA 2-2304. Additional information about the NFIP is available on our website at http://www.fema.govinflp. Lloyd A. Hake, Project Engineer Hazard Identification Section Mitigation Division Emergency Preparedness._ and.. Response Directorate 106979 '10.3.1 Page 3 of 4 Issue Date: OCT4 - 1 Effective bate: NOV 14 2005 :ase No.: 05-08-0481P LOMR-APP I Federal Emergency Management Agency Washington, U.C. 20472 `i1VD S LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) COMMUNITY INFORMATION (CONTINUED) We have designated a Consultation Coordination Officer (CCO) to assist your community. The CCO will be the primary liaison between your community and FEMA. For information regarding your CCO, please contact: Ms. Jeanine D. Petterson Director, Federal Insurance and Mitigation Division Federal Emergency Management Agency, Region VIII Denver Federal Center, Building 710 P.O. Box 25267 Denver, CO 80225-0267 (303) 235-4830 STATUS OF THE COMMUNITY NFIP MAPS We will not physically revise and republish the FIRM for your community to reflect the modifications made by this LOMR at this time. When changes to the previously cited FIRM panel warrant physical revision and republication in the future, we will incorporate the modifications made by this LOMR at that time. This determination is based on the mood data presently available. The enclosed documents provide additional infonnation regarding this determination. if you have any questions about this document, please contact the FEMA Map Assistance Center toil free at 1-877-336-2627 (1-877-FEMA MAP) or by fetter addressed to the LOMR Depot, 3601 Eisenhower Avenue, Alexandria, VA 22304. Additional information about the NFIP is available on our website at http://www.fema.govinfip. (� 0. ada its Lloyd A. Hake; Project Engineer Hazard Identification Section Mitigation Division Emergency Preparedness and Response Directorate 106979 10.3.1.05080481 102IC Page 4 of 4 Issue i)ate: OCT 14 f 1 Effective Date: ase No.: 05-08.0481 P p� Federal. Emergency Management Agency Washington, D.C. 20472 �raarn s�G� LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) PUBLIC NOTIFICATION OF REVISION This revision will become effective 30 days from the date of this letter. any requests to review or alter this determination should be made within. 30 days and must be based on scientific or technical data. ! IE3$ Vel6lFn inatifJif IJ uOSCd V71 the IIVIiE.E data presently c3 Yt711ab1C. kklG C.I ldtiJGd documents provfVe additional 3F 71 o1i1'lp{iUi1 regarding Fy this determination. 1i you have any questions about this document, please contact the FEMA Map Assistance Center toll free at 1-877-336-2627 (1-877-FEMA MAP) or by letter addressed to the L©MR Depot, 3601 Eisenhower Avenue, Alexandria, VA 22304. Additional information about the NFIP is available on our website at http://www.fema.gov,'nflp. 7— Lloyd A. Hake, Project Engineer Hazard Identification Section Mitigation Division Directorate 10697910.3.1,05080481 1021C ........................ ZONE A oc Q 1% ANNUAL CHANCE ` FLOOD DISCHARGE CONTAINED IN CULVERT 3 MILE DRIVE i I� Vol II I p I 11 cpP II 12 1 AREA REVISED BY LOMR DATED NOV. 24, 2004 BROOK DRIVE ,ZONE A 2 MILE: DRIVE E �ZONE A, Ask ley,Cre ZONE C ZONE REVISED AREA' I�--� 3 City of Kalispell LI NOTINCLUDED AREA REVIIII....S... ED BY LOMR DATED J U LY 2, 2003 LIMIT OF )ETAILeQ STUDY ''ONE B ZONE A3 A �d \ RM19 (� 1%ANNUALCHANCE FLOZONE C �I`CONTAOINED(sN CULVERT CHARGE NORTH RN 1 i l SURLINOTON_ s - ZONE C 1 _ ZONE A Legend 1% annualchance (100-Year) Floodplain 1% annualchance (100-Year) Floodway 0.2% annual chance (500-Year) Floodplain APPROXIMATE SCALE IN FEET ,,oao o _4-900 NATK7NAL FLOOD INSURAN_ GOPR�RAIt' FIRM FLOOD INSURANCE RATE MAP FLATHEAD COUNTY, MONTANA (UNINCORPORATED AREAS) PANEL 1805 OF 3425 (SEE MAP INDEX FOR PANELS NOT PRINTED) e6 ;� 'p pt ,spa D ATE r}�F G I N OV 4 24 COMMUNITY -PANEL NUMBER 300023 1805 D MAP REVISED: SEPTEMBER 30,1992 IIedml Emergency 1.7unngement Agency FLOODPLAIN BOUNDARY DESCRIPTION A portion of land in the Southwest Quarter, Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, more particularly described as follows: Commencing at the Parcel I Northwest Corner 473/563 (Davis Parcel) as described in the Certificate of Survey No. 16564, recorded with the Flathead County Clerk and Recorder on March 1, 2005; thence, North 00°13'35" West, a distance of 304.62 feet to the northwest corner of Parcel 1 as described in said Certificate of Survey No. 16564; thence South 18°09'23" East, a distance of46.76 feet to the TRUE POINT OF BEGINNFNG of the boundary being described; thence, North 78°4F58" East, a distance of 12.77 feet; thence, South 52°04'23" East, a distance of 23.85 feet; thence_, South 19°5121" East, a distance of 29.87 feet; thence, South 29°09'21" East, a distance of 46.10 feet; thence, South 44°41'56" East, a distance of 98.89 feet; thence, South 26°43'38" East, a distance of 47.25 feet; thence, South 14°57'47" East, a distance of26.74 feet; thence, South 29°14'13" East, a distance of 36.77 feet; thence, South 58°22'23" East, a distance of 21.56 feet; thence, South 48011'27" East, a distance of 34.23 feet; thence, South 61°25'18" East, a distance of 6638 feet; thence, South 56°14'06" East, a distance of 16.57 feet; thence, South 46°23'33" East, a distance of 29.61 feet; thence, South 23°41'37" East, a distance of 28.95 feet; thence, South 08°39'32" East, a distance of 29.80 feet; thence, South 09°01'05" West, a distance of 13.66 feet; thence, South 29°51'50" West, a distance of 11.41 feet; thence, South 29°25'55" West, a distance of 37.53 feet; thence, South 53°20'47" West, a distance of 31.36 feel; thence, North 89°26'02" West, a distance of 95.29 feet; thence, North 56°49'00" West, a distance of 18.01 feet; thence, North 4102623" West, a distance of 76.14 feet; thence, North 16°5128" West, a distance of 24.22 feet; thence, North 00027'34" East, a distance of 118.95 feet; thence, North 82°38'09" West, a distance of 30.65 feet; thence, North 64°04'03" West, a distance of 46.82 feet; thence, North 31020'26" West, a distance of 92.26 feet; thence.. North 05°36'23" West, a distance of 55.07 feet; thence, North 00°32'l6" East, a distance of 69,41 feet; thence, North 03°47'19" East, a distance of 29.79 feet; thence, North 40"02719" East, a distance of 13.09 feet to the TRUE POINT OF BEGINNING, containing 1.458 Acres of land. Figure 13 Looking west at the proposed open/conservation area located on the property. Figure 14 Looking southeast. Tributary to Ashley Creek on the right. FLATHEAD COUNTY APPROACH PERMIT lqe -a 9�OF 1. Applicant Information: Lee & Linda Hershber er (Name) 24212 SE 384th Street (,Whiting Address) Enumclaw. WA 98022 (City, State & Zip) (253)569-7228 (Phone No.) (Fax No.) 2. Property Address of Approach: Not Assigned — Tract 6AAK.6D1. 6AB in SWl.r4Secl2 T28N.R22W (Obtained from the Plat Room) 3. Type of Approach: Agricultural $100.00 Single Driveway $100.00 Shared Driveway $150.00 (2 tot approach only) # of Lots Minor Subdivision $300.00/approach - $30.00/lot (5 or fewer lots) 21 # of Lots X Major Subdivision $650.00/approach + $30.00/lot (6 or more lots) 4. Attach Subdivision Regulations if a Subdivision. Area Zoning Regulations: Yes X No . Attach Regulations and Classifications. Planning & Zoning Representative Sign and Date: 5. Location must be_flagged with address posted for pre -construction inspection. Date when location LVill be flagged June 1 2006 Road Department will provide lathe or applicant will have equivalent of lathe with bright orange flagging attached or painted a bright orange. Give description at or near which installations or structures will be installed (ie; 300 feet North of intersection of Roads A & B, fence line, etc.) 1200 feet North of Highway 2 on East side of Hathawav Lane a. Provide area map with directions to location, plus a Certificate of Survey map or plat snap of property. b. LEGAL: Section: 12 Township: 28N Range: 22W 6_ Comoletion_date will be 90 days from Road Department Conditional Approval Letter. Approaches that are required to be paved and were approved between October lst and May I" , will be granted an additional 30 days after June I", to complete the paving portion of the requirements, due to availability of asphalt material. INSTRUCTIONS CONCERNING USE OF THIS FORM Applicant will complete this form and transmit it to the Flathead County Road Department. This application is for all approaches on County right-of-way. When applicant has signed both sides of application and application is conditionally approved, a copy will be made available to applicant. See reverse side for additional rules and regulations. THE TERMS OF THIS PERMIT APPLICATION ARE ACCEPTED AND AGREED BY: g plicant(sj-98�zCGrz Signature of _ Date REVIEW OF APPLICATION FOR APPROACH PERMIT - To be filled in by Flathead County Road Dept Representative - PRELIMINARY INSPECTION OF APPLICATION RECOMMENDED FOR: CONDITIONAL AL APPROVAL DISAPPROVAL .E4 County Road Dep epresentative Date CONDITIONS OF PERNOT Subject to the following terms and conditions, the permit applied for upon the reverse side, hereof, is hereby granted: 1. TERM: This permit shall be in full force and in effect from the date hereof until revoked as herein provided. 2. REVOCATION: This permit may be revoked by the County upon giving 10 days notice to Permittee by ordinary mail, directed to the address shown in the application hereto attached, but the County reserves the right to revoke this permit without giving said notice in the event Permittee breaks any of the conditions or terms set forth herein. 3. COMMENCEMENT OF WORK: No work shall be commenced until Permittee notifies the County authorized representatives, as listed on the front of this application, as to the proposed commencement of work. 4. CHANGES IN HIGHWAY: If the County changes highway, necessitating changes in structure or installations under this permit, Permittee shall make necessary changes without expense to County. S. TRENCHING OR PAVEMENT ALTERATIONS: Removal of pavement must be preceded by sawing the existing pavement around the area(s) to be removed. Replacement base and subbase materials must be compacted to a minimum of 95% relative density. Replacement of pavement must be accomplished within 48 hours of pavement removal. 6. COUNTY SAVED HARMLESS FROM CLAIMS: In accepting this permit, the PeAnittee, itsibis successors or assigns, agree to protect the County and save it harmless from all claims, actions, or damage of any kind and description which may accrue to, or be suffered by, any person, or persons, corporations, or property by reason of the performance of any such work, character of materials used, or manner of installations, 'maintenance and operation, or by the improper occupancy of said highway right-of-way, and in case of any suit or action brought against the County and arising out of, or by reason of, any of the above causes, the Perraittee, itsihis successors or assigns, will, uponpotice to it /him of the commencement of such action; defend the same at its/his sole cost and expense and satisfy any Judgment which may be rendered against the County in any suit or action. 7: PROTECTION OF TRAFFIC: Insofar as the interests of the County and the traveling public are concerned, all work performed under this permit shall be done under the supervision of the County Road Department and its authorized representatives, and he/they shall indicate the traffic control devices, the lighting thereof at night, placing of flagmen and watchmen, the acceptable manner in which traffic is to be handled, and shall specify to Permittee how road surface is to be replaced if it is disturbed during operations, but said supervision shall in no way operate to relieve or discharge Permittee from any of the obligations assumed by acceptance of this permit and especially those set forth under Section 6 hereof. S. HIGHWAY DRAINAGE: If the work done under this permit interferes in any way with the drainage of the County highway affected, Permittee shall, at its/his own expense, make such provisions as the County may direct to take care of said drainage. 9. RUBBISH AND DEBRIS: Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and roadway and roadside left in a neat and presentable condition satisfactory to the County. 10. WORK TO BE SUPERVISED BY COUNTY: All work contemplated under this permit shall be done under the supervision of and to the satisfaction of the authorized representative of the County, and the County hereby reserves the right to order the change of location or removal of any structure of installation authorized by this permit at any time, said changes or removal to be made at the sole -expense of the Permittee. 11. COUNTY'S RIGHT NOT TO BE INTERFERED WITH: All such changes, reconstructing, and relocation shall be done by Permittee in such a manner as will cause the least interference with any of the County's work, and the County shall in no way be liable for any damage to the Permittee by reason of any such work by the County, its agents, contractors, or representatives, or by the exercise of any rights by the County upon the highways by the installation or structures placed under this permit. 12. REMOVAL OF INSTALLATIONS OR STRUCTURES: Unless waived by the County, upon termination of this permit, the Permittee shall remove the installation or structures contemplated by this permit and restore the premises to the . condition existing at the time of entering upon the same under this permit, reasonable and ordinary wear and tear and damage by the elements, or by circumstances over which the Permittee has no control, excepted. 13. ]MAINTENANCE AT EXPENSE OF PERMITTEE: Permittee shall maintain, at its/fris sole expense the installations and structures for which this permit is granted, in a condition satisfactory to the County. 14. COUNTY NOT LIABLE FOR DAMAGE TO INSTALLATIONS: In accepting this permit the Permittee agrees that any damage or injury done to said installations or structures by a contractor working the County or by any. County employee engaged in construction, alteration, repair,'maintenance, or improvement of the County right-of-way shall be at the sole expense of the Perttiittee, I S. COUNTY TO BE REIMBURSED FOR REPAIRING ROADWAY: Upon being billed therefore, Permittee agrees to promptly reimburse the County for any expense incurred in repairing surface of roadway due to settlement at installation, or for any other damage to roadway as a result of the work performed under this permit, including any incurred legal fees. Dated this 7-5- TA day of MAY 20 04 . The undersigned, the "PERMITTEE" mentioned in the foregoing instrument, hereby accepts this permit, together with all of the terms and conditions set forth therein. (PERMITTI E) (PERMITTEE) Inspected by: FINAL INSPECTION OF i%V ORK COMPLETED . To be filled in by Flathead County Road Dept Representative - Flathead County Road Dept Representative Date Completed project: meets requirements of the preliminary application sloes not meet approval for the following reasons: APPROACH FERMrf RE UII? EATS THE ATTACB ED PERMIT IS GRANTED ED IF THE FOLLOWING CONDITIONS AR MET. i All brusiii trees fences etc are t� be removed frr�n� the county rcaad right-of-wa r iir each iridc bf t] ie approach for a distar ce of at least the entire length of the property and a setback to the outside edge of the right-of-way- This will facilitat irnproved raadway maintenance, safety and. sight distance. A coz;< pted metal culvert having a rninimurn diameter of 12 1S, 18) inches b installed beneath the approach such that the culvert b€�ttoznpvert}•toe even with and at the same grade as the ditch bottorn. The culvert must meet the 6--l slope either by_cutting the culvert at an angle or attaching flared ends. (The culvert wi" provide adequate drainage should water accumulate in the ditch.) . The approach must have a 20-foot long landing graded 3 percent away from the caurzty road. (See the attached sheet for details.) (This will reduce the arnount o gravel loss and the possibility of drainage from the approach can to the county road.) All approaches onto a county read shall meet the road at a 90-degree angle. All approaches will be 24 feet wide to the outside edge of the right -of -way - All approaches onto a paved road shall be paved a minimum of 3 inches 1 compacted by 24 feet wide and from the paved road to the outside edge of the right-of-way. For additional construction specifications and requirements see "Approach Permit Attachment" (Appendix B). (7. j All areas within the county right-of-way disturbed- during construction must be reseeded within 14 days. A four inch layer of topsoil mast be spread over all disturbed areas of the right -cif -way prior to mseseding. (See the attached sheet fc details.) . (Reseeding will reduce the potential for growth of noxious weeds adjacent to the county read as weft as the adjacent property.) 8. Contact the Road Department to schedule a past construction inspection. a - RA D 1 VS 74. 0 - VI . LANOING ALL LAtI'JY'NG STRIPS t j TO � i QPBtQ 0. 03 T STRI . 'QR CUUlS'"T't # -f MIN- Fck a G LA R APPROACH Sim & L P ! STRI? ,qi1 APPRTAC- WI0TS SEE A?RCACH FZXMZT r _ 4 o a - TYPICAL Sc,CTION USED 6 : 3 SLOPE POR FILLS OF s FEET OR GFSS FOR DRAINAGE USE PIPE AS SPSCIF EID LY APPROACH `HERMIT �r�� Ai = ?. PQW✓AC yr ..+. 70 Z. ..._;.- M �.�. t,r,3� .11.l-- '.--�.f •'ti,. ;.. ' j - J/ 4 CT115C11G I g5'n 3" rTtsghktb. a$ ERo55-SLOPE FLATH AD COUNTY ROAD SPECIFICATIONS t., Roach to lxnve 60' of cleared Right -of -Way, V. Roads to huge rill more than MAXIMUM of 6% grades. 3, RoadCUR.'V'E81: Have boo feet line of sight. 4. Roads to use cute and fills to eliminate vertical curves wherever practical, 5. Road to have culverts where needed (minimum size of culvert — i2" E.D.) 6. Cul'verts to egiigist of only two (2) types: (A). Cor�uggted metal pipe (C, IL :F.) (D). Concrete 0 3,-Z 666k,".), 7. All roads to be compacted to go % minimum Oncluding sub -grade). S. Consttvetion fabric to be plaeed under road base inn11 wet areas. g. Road to be built with the following minimum: . W. 15 inches minimum 3 itch crushed aggregate (8). 6 inches of V4" crushed aggregate (C). if paved, road surface to consist of 3" compacted asphalt rninimnm; 4" compacted asphalt if used as an arterial road. t.o. All roads to be engineered prior to construction. plans roust bear an engineer's stamp and then be approved by klathead County Road Del, t. KE:. Ui- DVUFiI .3..1 Hard Fescue 3,0 Intermediate Wheatgrass 2.5 Alske Clover 2.5 Annual Ryegrass 2.5 Kentucky Bluegrass 2.0 Laclak Alfalfa 2.0 Timothy 1.5 Napier Orchard Grass 1.0 Total Pounds Per Acre 20.5 .::-The #`s PLSIACRE means pounds per acre of pure, live deed that is certified to: be weed free. The raftes shown should be doubled if seeds are broadcast, and scarifying is required after .seeding to cover seeds with topsoil to prevent loss by wind, water and wildlife. _z �J 1 1/4' er us6nd �sPh�'St•< ` s cstbnbed 7 Vb fl ' —TIl RARER aR B v��rR �RnEw -•sso---- rAn,aR ERE c,..„,ER,�> 0 o w+oRosEo sioEwnu< I . . I RR —ED sraEn W— a cum. ___ ExSrwc cuLVERr BRaxER Rou cur mRE E— —R— 1-1 ® fx mrc oinseu p ,EEE 1 wisEv w Exrsnnc wEu ___ a _ EssEUE-UIE — _ —60— RRwE 1 nasE CON— (— SUBDIVISION SUMMARY RR o osEo css b.Ec7 ,El,l ESr<PN •xEscr) , xou'xr�Ws[EEms (41 crtr axE (cERrurrrt LI consmucirov E IclE ROAos soup InA,xEw w. Lu�mxu) REMIND E RE.— N. I wcMlEc,uRa. PRELIMINARY. PLAT OF Autumn AUTUMN CREEK SUBDIVISION �reekC� PORTION OF SOUTH HALF, SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH. RANGE 22 WEST. P.M.M.. FLATHEAD COUNTY. MONTANA. -�( N 89'5441" E 35001 i,AI18B � 17A $ \ 0361 AC. _ 17B j 1 � 0.22 hC. 1 F .,.N 6V4825".E.. 1I538 7 `\` ' -- I!1 \\'PARK f .i t 0.29 AC. N 0.22 AC. 1 ! j � dPEN AREAEXI�Tl 1.86 AC. FLOOD G BASED ON +' x NAVO 88 a / N 89'45�08" E 234.86 6 0.29 AC. \ 11 \ 7� 0.22 AC. . 0.28 AC. 'O 9 \ \ 8 \ \ ! 0.22 AC. 0.22 AC. 0. 9 AC. _ ems? 12 0.22 AC. \ \ \v \ N 89°38'45" E 327.85" `gQ z 3 0.22 AC. s 14 Q.25 I VICINITY MAP SCALE SHEET 1 OF 4 PRELIMINARY PLAT OF AUTUMN CREEK SUBDIVISION Autumn PORTION OF SOUTH HALF, SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP Creek 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. UTILITIES, STREETS & DRAINAGE N 69°45'08" E _ 500.88'i •.� —}I— - (InTutaE ER c�RP ,eirt- M�� xD PER�MDT91 .�xP N Pf¢.�xro.x9 � N /-- - TYPICAL ROAD SECTION • —, PRDP— P� B ,nix,.—R 'p... —w—iw PaoPozeD wnlfR — wNuvf RRI—ED In — IRE 05— 1-5 —ER xwx P-1) - - - - - - - - - - PRroosfo sfwf¢ xwx I—) 1E111 —11 ENE (t Ix1ERru) xxDENENE(S I�H�) PRwgVs[opmPaw anP/11 PM ® IRPE�FEOW Ln reL—.E -ER E. NT .11 �C i�M oar o ¢EcmlaE ecx II------� - ---- -- r- K / Z N. � P9 ♦ j K 9� y t\ t\` N 88°46`25' E`11538 T - I 1 � '1 H ryy6 TO Rt N B8.461 EXISTING FLOODPIAIN BASED ON NAVD 88 N 89°45'08" E 234.85' E SHEET 2 OF 4 PRELIMINARY PLAT OF Autumn AUTUMN CREEK SUBDIVISION Creek�� PORTION OF SOUTH HALF, SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. LOT DIMENSIONS & AREAS N 6—'08' 2 500.66' 0 450 x e�rPnsa� 1SCALE 01 121 1 2 3 4 s c +4 0.26 AC. G 0.26 AC. j6 0.26 AC. _ 0.26 AC. 5 E N 0.28CUWE AC. CARVE CABLE ro ui N 89'54'41" E 350.01' 6 u 0.29 AC. SUMMER PLACE ROAD 1.60 AC. S ve Lsa us uz 7 w n18B r—� 0.22 AC. b 0.28 AC. m n a 17A 1g Z uc n u (� 0.36 AC. 17B —I 0.22 10 8 o (ll 0.22 AC.Fj 0.22 AC. 0.2 AC. i 2 0. 2AC. G u 6 C) N 8738'45z8 E 329.85' 16 O C a x 0.22 AC. X 13 0.22 AC. N 89'46'25' E 115.36' PARK C11 8 0.29 ACC 14 t'1 1344 S.F.z..o $ �' 15 0.25 AC. al eFiEA TOTALS 0.22 AC. 51— FAwILY —S 8 1344 S.F .B8 . 8 SAG 0.67 OPEN OPEN8AR6A rATS IS.ac. AREA � L6 �•• �� x N 89'45'08" E 1't0.96' PARR AREA 0.2w AC 1.86 AC. 4 RCA85 1.50 AC. - DETAIL -TOWNHOUSE ResenvER eon unT nw a.zz Ac. sake . , - xo TorAL 5.59 ac. x SHEET 3 OF 4 N 89°45'08' E 234.86' DMNEE: �E : im➢A DEDEDDEE➢Ea eY: TD➢NA9. D6AN AND N0.9IgNS. ➢iC. 1 THNEE V ➢RrvoaDISE KAll5PEL4 1T. S 1 P ➢AAE. I N6, 2aae5216 9 i Fr_Gnin • E��sDx� �➢mow,. P�� e v< coENrn 0 o woo➢ �� PRELIMINARY PLAT OF Autumn AUTUMN CREEK SUBDIVISION t CreeL PORTION OF SOUTH HALF, SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. VARIANCE DIAGRAM 4 ' 6CDBA f 6ED 6EE �i R-1 � Ar s RA- 16CB1 6EF '� W2cR. E j \ \ to W 2CE 6CA � I 6D ..:...:.... . ........ 6 K C 7AD i 6DH ♦♦ =` .................................... 6DHBC ::.::::z:.:.::.::.......... • 6KA ♦ 2 ::.. = . .:`.. : 6AA ♦ — 2 6DF = w fd .....:6AA 6DHBB ::�6AAMi R DF .... 6DC 6A 6AAJ 6 L N L 6DHBA , —2 6J 6N ate o +0 a 6DF 31* > 6AA ( { 6 [ : COUN pq 16�BAI R-1 U t f13DB 16D 13 I u' [ 13 D ----- 13C ' _�- 5 � F r 16 B VICINITY IIIIAP SCALE 1" = 350' LEE & LINDA HERSHBERGER PRELIMINARY PLAT - AUTUMN CREEK A 21 LOT (17 SINGLE FAMILY, 4 TOWNHOUSE) SUBDIVISION ON 8.60 ACRES - FILED CONCURRENTLY W/ AN ANNEXATION & INITIAL ZONING AND A CONDITIONAL USE PERMIT PLOT DATE 7/5/06 FILE; KP P -- 0 6 -10 H:\gi9\site\kpp06—l0.dwg City of Kalispell Planning Department I7 - 2 d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.co TO: Kalispell City Staff Other Interested Parties FROM: Sean Conrad, Senior Planner RE: July 13th Site Review Committee meeting DATE: July 8, 2006 The Planning Department has received the following applications for the August 8th Planning Board meeting: 1. A request from. Gary Priest for annexation, initial zoning, planned unit development (PUD) and preliminary plat approval on a 4.47 acre property. The owner is requesting annexation into the City of Kalispell with the R-2 (Single Family Residential) zoning district. The requested PUD zoning district would allow reduced lot sizes in the R-2 zoning district and reduced side yard setbacks, from 10 feet to 5 feet. The owner is also requesting a preliminary plat to create 22 lots ranging in size from 5,660 square feet to 8,029 square feet. The property is currently zoned County R-1 and is located on the south side of Greenridge Drive at the southeast corner of the intersection of Greenridge Drive and Willow Glen Road. There is an existing house on the property addressed as 736 Greenridge Drive. The property can be legally described as a portion of Tract 3, Kalispell School Addition, Block 1, located in Section 16, Township 28 North, Range 21 West. 2. A request from Medical Arts Pharmacy of Kalispell, LTD, to resubdivide two existing lots within Westview Business Center into three lots. The proposed lots would range in size from 21,900 square feet to 31,800 square feet. The two existing lots are zoned B-2, General Business, and are located on the north side of Westview Park Place. The two lots proposed to be further subdivided can be legally described as lots 2 and 3 of Westview Business Center, located in portions of the SW 1/4 of the SW 1/4 of Section 6, Township 28 North, Range 21 Wiest. 3_ A request from Apex 1, LLC, for annexation, initial zoning, planned unit development (PUD) and preliminary plat approval on a 10.75 acre property. The owner is requesting annexation into the City of Kalispell with the R-2 (Single Family Residential) zoning district. The owner is also requesting a PUD zoning district on the property to allow reduced lot sizes in the R-2 zoning district and a preliminary plat to create 44 lots ranging in size from 2,900 net square feet to 4,600 net square feet. The property is currently zoned County AG-80 and is located on the north side of Three Mile Drive approximately 1,000 feet west of the intersection. of Meadows Lane and Three Mile Drive. There is an existing house on the property addressed as 575 Three Mile Drive. The property can be legally described as Tract 1 of Certificate of Survey 9981, located in. the SW ;/4 and SE 1/4 of Section 27, 'Township 28 North, Range 22 West. 4. A request from Lee and Linda Hershberger for annexation, initial zoning, preliminary plat and conditional use permit approval on an 8.69 acre property. The owners are requesting annexation into the City of Kalispell with the R-2 (Single Family .Residential) zoning district. The owners are also requesting preliminary plat approval to create 21 lots (17 single family lots and 4 townhouse lots) ranging in size from 5,660 square feet to 13,900 square feet and a conditional use permit to allow the 4 townhouse lots within the requested R-2 zoning district. The property is currently zoned County R-1 and is located on the east side of Hathaway Lane approximately 700 feet north of the intersection. of US Hwy 2 West and Hathaway Lane. The property can be legally described as Assessors Tracts 6AAK, 6DI and 6AB, located in the SW �/4 of Section 12, Township 28 North, Range 22 West. 5. A request from. The Meadows, Inc, for annexation, initial zoning and planned unit development (PUD) on a 14.65 acre property. The owner is requesting annexation into the City of Kalispell with the R-4 (Two Family Residential) zoning district. The owner is also requesting a PUD zoning district on the property to allow 138 condominium units with. approxazzrately 6.7 acres of open space, a 4,000 square foot clubhouse and 1/4 of a mile of sidewalks and trails within the open space. The property is currently zoned County SAG-10 and is located on the south side of Four Mile Drive approximately 400 feet -vest of the intersection of North Haven Drive and Four Mile. Drive. The property address is 430 and 450 Four 11t.[ile Drive and can be legally described as Assessors Tract 4, located in Section 1, Township 28 North, Range 22 West. Due to the number of subdivisions received this month I would like to discuss at least the first two subdivisions listed above at the July 13th site review meeting. If you need additional information regarding the above proposal please call zee. Any comments on the above projects should be in to the Planning Department by July 26, 2006. The Site Review Committee meeting is held at 10:00 a.m. on Thursdays at the Building Department located at 248 -- 3rd Avenue, East in Kalispell. Thank you for taking the time to review and comment. c: w/attachments: Brent Christopherson, Fire Dept. Mike Baker, Parks and Rec James Patrick, City Manager P.J. Sorensen, Zoning Administrator Roger Krauss, Police Dept. Frank Castles, City Engineer Jim Hansz, Public Works Director Mark Crowlev, Construction Manager Sandy Wheeler, Community Redevelopment Susan Moyer, Community Development Director Craig Kerzman, Chief Building Inspector Charles Harball, City Attorney MDOT -Attn: Steve Herzog Kalispell School District #5 Northwestern Engery Flathead Electxic Co-op Flathead County Road Department U.S. Postal Service - Attn: Susie Carter Flathead County GIS - Pete Wessel MDT Land Planning - Helena c: w/o attachments: Applicants CERTIFICATION APPLICANT: Lee & Linda Hershberger/Autumn Creek FILE NO: KA-06-07, KCU-06-07, KPP-06-10 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 'oinin the property lines of the property that is requesting annexation, preliminary plat and a conditional use permit. Hate � / 7 S-T-R: 12-28-22 Lot/Tracts# 6AAK, 6DI, 6AB Property Owner/Mail Address: Lee & Linda Hershberger 24212 SE 384th Street Enumclaw, 'GiG"A 98022 Thomas, Dean & Hoskins Attn: Sill Boger 31 Three Miele Drive, Ste 101 Kalispell, MT 59901 AND ATTACHED LIST City of Kalispell Planning Department 17 - tad Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplauning.coni 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 AUGUST 8, 2006 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, August 8, 2006 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 from Apex 1, LLC, for annexation, initial zoning, planned unit development (PUD) and preliminary plat approval of Cottage Gardens on a 10.75 acre property. The owner is requesting annexation into the City of Kalispell with the R-2 (Single Family Residential) zoning district. The owner is also requesting a PE.TD zoning district on the property to allow reduced lot sizes in the R-2 zoning district and a preliminary plat to create 44 lots ranging in size from 2,900 net square feet to 4,600 net square feet. The property is currently zoned County AG-80 and is located on the north side of Three Mile Drive approximately 1,000 feet west of the intersection of Meadows Lane and Three Mile Drive. There is an existing house on the property addressed as 575 Three Mile Drive. The property can be legally described as Tract 1 of Certificate of Survey 9981, located in the SW I/A and SE -1/4 of Section 27, Township 28 North, Range 22 West. 2. A request from Medical Arts Pharmacy of Kalispell, LTD, to resubdivide two existing lots within Westview Business Center into three lots. The proposed lots would range in size from 21,900 square feet to 31,800 square feet. The two existing lots are zoned B-2, General Business, and are located on the north side of Westview Park Place. The two lots proposed to be further subdivided can be legally described as lots 2 and 3 of West dew Business Center, located in portions of the SW 'A of the SW 1/4 of Section 6, Township 28 North, Range 21 West. 3. A request from Lee and Linda Hershberger for annexation, initial zoning, preliminary plat and conditional use permit approval of Autumn Creek on an 8.69 acre property. The owners are requesting annexation into the City of Blue Heron Ph 2A March 16, 2006 Page 2 Kalispell with the R--2 (Single Family Residential) zoning district. The owners are also requesting preliminary plat approval to create 21 lots (17 single family lots and 4 townhouse lots) ranging in size from 5,660 square feet to 13,900 square feet and a conditional use permit to allow the 4 townhouse lots within the requested R-2 zoning district. The property is currently zoned County R-1 and is located on the east side of Hathaway Lane approximately 700 feet north of the intersection of US Hwy 2 West and Hathaway Lane. The property can be legally described as Assessors Tracts 6AAK, 6DI and 6AB, located in the SW 1/4 of Section 12, Township 28 North, Range 22 West. 4. A request from The Meadows, Inc. for annexation., initial zoning and planned unit development (PUD) for The Meadows on a 14.65 acre property. The owner is requesting annexation into the City of Kalispell with the R-4 (Two Family Residential) zoning district. The owner is also requesting a PUD zoning district on the property to allow 138 condominium units with approximately 6.7 acres of open space, a 4,000 square foot clubhouse and 3/4 of a mile of sidewalks and trails within the open space. The property is currently zoned County SAG-10 and is located on the south side of Four Mile Drive approximately 400 feet west of the intersection of North Haven Drive and Four Mile Drive. The property address is 430 and 450 Four Mile Drive and can be legally described as Assessors Tract 4, located in Section 1, Township 28 North, Range 22 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 planning kalispell.com for additional information. Lee & Linda Hershberger Thomas Dean & Hoskins Knotts Family Investments, Inc_ 24212 SE 38e Street 31 Three Mile Drive, Ste 101 1210 Birch Grove Road Enumclaw, WA 98022 Kalispell, MT 59901 Kalispell, MT 59901 Edwin & Debra Meuli 32 1/z Hathaway Lane Kalispell, MT 59901 Joan Gross David McMurray 3753 NW Taylor Avenue Corvallis, OR 97330 Darrel Martin Living Trust 1429 US Highway 2 VLF Kalispell, MT 59901 William Wills 1479 US Highway 2 W Kalispell, MT 59901 Katherine McAllister Michael Stotts 30 Hathaway Lane Kalispell, MT 59901 James & Shirley Hilton 1595 Haven Drive Kalispell, MT 59901 Larry & Susan Johnson 1471 US Highway 2 W Kalispell, MT 59901 Lawrence & Valerie Parsons 92 Hathaway Lane Kalispell, MT 59901 Nancy Rose 1483 US Highway 2 W Kalispell, MT 59901 Kirby Campbell-Rierson Ron Rierson 305 N. Hill Road Kalispell, MT 59901 State of Montana DOT P.O. Box 201001 .Helena, MT 59620 Lyle K. Bartlett 33 Hathaway Lane Kalispell, MT 59901 Carol Collins 19 Hathaway Lane Kalispell, MT 59901 Tungsten Holdings, Inc. P.O. Box 1213 Libby, MT 59923 Steven Fewlass 13 Hathaway Lane Kalispell, MT 59901 Jason Braaten 930 Birch Grove Kalispell, MT 59901 No. 10816 NOTICE € F PUP-lC HEAk.,NU KALISPELL CITY PLANNING BOARD AND ZONING COM- MISSION AUGUST 6, 2o06 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, Au- gust 8, 2006 beginning at 7:00 PM in the Kalis- pell City Council Cham- bers, Kalispell City Hall, 312 First Avenue Past, Kalispell. The planning board will hold a public hearing and take public comments on the follow- ing agenda items. The Board wal make a rec- ommendation to the Ka- lispell City Council who will take final action. 1. A request from Apex 1, LLC, for annex- ation, initial zoning, planned unit develop- ment (PUD) and prelimi- nary plat approval of Cottage Gardens on a 10.75 acre property. The owner is requesting annexation into the City of Kalispell with the R-2 'Single Family Residen- tial) zoning district. The )weer is also requesting i PUD zoning district on he property to allow re- iuced lot sizes in the R- ? zoning district and a weliminary plat to cre- ite 44 lots ranging in Lize from 2,900 net quare feet to 4,600 net quare feet. The prop- irty is currently zoned ;ounty AG-80 and is lo- ated on the north side f Three Mile Drive ap- roximately 1,000 feet lest of the intersection f Meadows lane and hree Mile Drive. There ; an existing house on le property addressed s 575 Three Mile rive. The property can a legally described as .act 1 of Certificate of urvey 9981, located in e SW 1/4 and SE 1;4 Section 27, Township 3 North, Range 22 est. ?. .� request from edical Arts Pharmacy Kalispell, LTD. to re- bo,vide two existing is within Westview Js€'leas Center into ree lots. The pro- sed lots would range size from 21,900 care feet to 31,800 uare feet. The two isting lots are zoned 2. General Business, d are located on the rth side of Westview irk Place. The s proposed .r il�(7 iJtf1 lativ describE-0 2 and 3 of Westview Business Center, locat- ed in portions of the SW 1114 of the SW 114 of Section 6, Township 28 North, Range 21 West, 3. A request from Lee and Linda Hershberger for annexation, initial zoning, preliminary plat and conditional use per- mit approval of Autumn Creek on an 8.69 acre property. The owners are requesting annexa- tion into the City of Ka- lispeff with the R-2 (Sin- gle Family Residential) zoning district. The owners are also re- questing preliminary plat approval to create 21 lots (17 single family lots and 4 townhouse lots) ranging in size from 5,660 square feet to 13,900 square feet and a conditional use permit to allow the 4 townhouse lots within the requested F-2 zon- ing district. The proper- ty is currently zoned County R-1 and is lccat- ed on the east side of Hathaway Lane approxi- mately 700 feet north of the intersection of US Hwy 2 West and Hath- away lane. The prop- erty can be legally de- scribed as Assessors Tracts 6AAK, 6DI and 6AB, located in the SW 1/4 of Section 12, Town- ship 28 North, Range 22 West. 4. A request from The Meadows, Inc. for an- nexation, initial zoning and planned unit devel- opment (PUD) for The Meadows on a 1.4.65 acre property. The owner is requesting an- nexation into the City of Kalispell with the R-4 (Two Family Residen- tial) zoning district. The owner is also requesting a PUD zoning district on the property to allow 138 condominium units with approximately 6.7 acres of open space. a 4,000 square foot club- house and 3/4 of a mile of sidewalks and trails within the open space. The property is currently zoned County SAG-10 and is located on the south side of Four Mile Drive approximately 400 feet west of the inter- section of North Have Drive and Four Mlle Drive. The property ad- d-fess is 430 and 450 Four Mile Drive and can be legally described as Assessors Tract 4, lo- cated in Section Township 28 North, Range 22 West. Documents parr-:r":M to Me agenda iter rrE on file for oubtir.. Jrli ne;: lion a! the Kah%rle3l P?fnnine Jepartmenr. STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION CHRIS SCHULDHEISS 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. O 6 t(P 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 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 INSERTIONS. 0 lt,6 J/1 " 5(,_� k�tecaz" Subscribed and sworn to Before Tne this j t, Jj 2%, -26D o i Notary Public for the Static of Montana Residing in Kalispell My Commission expires 9/11109 1.7 Second StreetIca; Suite 21.1, Kalispell;. tv 5990T, and are avail: ble for. public revie during regular offie hours.. Interested persons al encouraged to: atte:r the, hearing: and:nnal% their views- and:. col ce:rns known ...to, ..th Board. Writtenecorr ments may be subrni tied to: the Kalispell Plat ning Department. at th above address,: prior t the date.: of thezheadn: or you may'call us mail us at planning (9 kE lispell com for: addition; information.:. Ls/Thomas. R:. Jentz, Thomas R. Jentz .:.: Pfanning• Director July:23; 20EJ6:.:: :.: