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Staff Report/CUPREPORT TO: FROM: SUBJECT City of Kalispell Planning Department 17 - 2d Street East, Suite 211, Kalispell, Montana 59901 Telepbone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispell lanning.com Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Conditional. Use Permit for four townhouses in the Autumn Creek Subdivision MEETING DATE: October 2, 2006 BACKGROUND: This is a request from Lee and Linda Hershberger for a conditional use permit to allow the creation of two two -unit townhouse lots in a 20 lot subdivision known as Autumn Creek. Submitted concurrently with this conditional use permit is a preliminary plat, along with a petition for annexation and an initial zoning designation of R-2, Suburban Residential. The townhouse lots would be located on lots 17 and 18 A&,B as shown on the preliminary plat of Autumn Creek. The property is approximately 8.7 acres in size and lies north of US Hwy 2 West, approximately 1,100 feet on the east side of Hathaway Lane. The properly 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. The planning board held a public hearing on August 8, 2006, and after hearing, the staff report and testimony from the consultant, the planning board recommended the City Council approve the conditional use permit subject to the 3 conditions listed in the staff report. RECOMMENDATION: A motion to approve the conditional use permit would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Sean Conrad Senior Planner Report compiled: September 22, 2006 c: Theresa White, Kalispell City Clerk `dames H. Patrick City Manager City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Lee & Linda Hershberger 24212 SE 384th Street Enumclaw, WA 98022 LEGAL DESCRIPTION: Assessor's Tracts 6AAK, 6DI and 6AB in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana ZONE: R-2, Suburban Residential The applicant has applied to the City of Kalispell for a conditional use permit to allow the creation of two two -unit townhouse lots in a 20 unit subdivision known as Autumn Creek in an R-2 zone. Townhouses are allowed in the R-2 zone as a conditionally permitted use. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on August 8, 2006, held a public bearing on the application, took public comment and recommended that the application be approved subject to three (3) conditions. After reviewing the application, the record, the Kalispell Planning Department report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-06- 7 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the creation of two two -unit townhouse lots in the R-2, Suburban Residential zoning district 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 CUP as approved by the city council. (Kalispell Subdivision Regulations, Appendix C-- Final Plat) 2. Prior to issuance of a building permit for the townhouse units a site plan and elevations shall be reviewed and approved by the planning department. The townhouse units shall be designed so that they are not garage door oriented and the units differ in design and color. The townhouse units shall be developed on lots 17A & B and 18A & B of the Autumn Creek subdivision. This use permit shall not become effective until the Autumn Creek subdivision has been approved. Dated this 2nd day of October, 2006. Pamela B. Kennedy Mayor STATE OF MONTANA ss County of Flathead On this day of , 2006 before me, a Notary Public, personally appeared Pamela B. Kennedy, Mayor of the City of Kalispell, known to me to be the person whose game is subscribed to the within instrument and acknowledged to me that she executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and. affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires of Kalispell P"lanning Department 17 - 2"d Strut East, Suite 211. Kalispell, Montana 59901 Telephone: (406) 75.1-1850 Fax: (406) 751-1858 Website: kalispellplanni g.corn September 22, 2006 Jaynes H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit for four townhouses in the Autumn Creek Subdivision Dear Jim: The Kalispell City Planning Board met on August 8, 2006 and held a public hearing to consider a request from Lee and Linda Hershberger for a conditional use permit to allow the creation of two two -unit townhouse lots in a 20 lot subdivision known as Autumn Creek. Submitted concurrently with this conditional use permit is a preliminary plat, along with a petition for annexation and an initial zoning designation of R-2, Suburban Residential. The townhouse lots would be located on lots 17 and 18 A&B as shown on the preliminary plat of Autumn Creek. The property is approximately 8.7 acres in size and lies north of US Hwy 2 Vilest, approximately 1,100 feet 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, with the Kalispell Planning Department, presented staff report KCU-06- 7 evaluating the proposal with staff recommending approval of the use permit request subject to three conditions. During the public hearing the consultant representing the owners spoke in favor of the project. No one else wished to speak and the public hearing was closed. The planning board discussed the proposal and voted unanimously to recommend approval of the requested conditional use permit subject to the 3 conditions listed in the staff report. Please schedule this matter for the October 2, 2006 regular City Council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Timothy Norton President Attachments: Exhibit A -Conditions of Approval Staff report KCU-06-7 and application materials Draft Minutes from the 8 / 8 / 06 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Lee & Linda Hershberger 24212 SE 384th Street Enumclaw, WA 98022 Thomas Dean & Hoskins Attn: Mike Fraser 31 Three Mule Drive, Ste 101 Kalispell, MT 59901 EXHIBIT A TOWNHOUSE UNITS WITHIN THE AUTUMN CREEK SUBDIVISION CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD AUGUST 8, 2006 The Kalispell City Planning Board held a public hearing on this matter at the regular meeting of the planning board of August 8, 2006. The following conditions are recommended for the conditional use permit: 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 CUP as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. Prior to issuance of a building permit for the townhouse units a site plan and elevations shall be reviewed and approved by the planning department. The townhouse units shall be designed so that they are not garage door oriented and the units differ in design and color. 8. The townhouse units shall be developed on lots 17A & B and 18A & B of the Autumn Creek subdivision. This use permit shall not become effective until the Autumn Creek subdivision has been approved. SC AUTUMN CREEK SUBDIVISION REQUEST FOR CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-06-7 JULY 25, 2006 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to allow the creation of two two -unit townhouse lots in a 20 lot subdivision proposed for annexation and an initial zoning of an R-2 residential zone. A public hearing will be held before the planning board on 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: A. Petitioner and Owners: Lee & Linda Hershberger 24212 SE 384+h Street Enumclaw, WA 98022 Technical Assistance: Thomas Dean & Hoskins. 31 Three Mile Drive, Ste 101 Kalispell, MT 59901 (406) 751-5246 B. Summary of Request: The applicant is requesting a conditional use permit to allow the creation of two two -unit townhouse lots in a 20 lot subdivision known as Autumn Creek. Submitted concurrently with this conditional use permit is a preliminary plat, along with a petition for annexation and an initial zoning designation of R-2, Suburban Residential. Within the subdivision there would be two lots for two -unit townhouses for a total of four townhouse sublots and 16 single family lots on approximately 8.7 acres. Townhouses are allowed in the zoning district as a conditionally permitted use. The townhouse provision in the zoning ordinance falls under Section 27.22.130, Sublots, and states the following: "Dwellings may be constructed on sublots within any zoning district which permits multi -family dwellings, cluster housing, or townhouse dwellings. Sublots are subject to subdivision approval and, if required, a conditional use permit. (1). Site Requirements. (a). Sublots are eligible only within a recorded subdivision lot whose area is at least 6,000 square feet. (b) . The allowable number of sublots shall be determined by dividing the gross area of the platted lot by the density limits of the applicable zoning district. In the event that the design utilizes common ownership of common areas, the area of the lot(s) plus the common area shall be divided by the density limits of the applicable zoning district to determine the allowable number of sublots. In no case, however, shall a sublot have an area less than 2,000 square feet nor more than one dwelling unit thereon. (2). Building Limitations. The yard, height, and area requirements of the district shall apply to the entire area of the platted lot. Common ownership of the yards is permitted. Shared interior property boundary(ies) is anticipated to be developed at a zero lot line. Density is determined based on dividing the minimum lot size requirements of the district in the R-2 zone of 9,600 square feet into the net area to be considered. The entire area included within the subdivision is 8.7 acres including approximately 1.85 acres in a wetland area, 1.6 acres in roads and .029 acres in park. The total net area in lots is 4.68 or 203,860 square feet. The maximum allowable density based on 9,600 square feet would be a maximum of 21 lots. The proposed 20 lots are within the total number of lots allowed under this density. C. Size and Location: The property proposed for subdivision and this conditional use permit contains approximately 8.7 acres and lies north of US Hwy 2 West, approximately 1,100 feet on the east side of Hathaway Lane. The property can be described as Assessors Tracts 6AAK, 613I and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. D. Existing Land Use and Zoning: The area being considered for this conditional use permit is currently undeveloped with the exception of a pole barn at the south boundary of the property which will be removed. In the past the property was used primarily for grazing or light agriculture. 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. The property is proposed for annexation and an initial zoning designation of R-2, Suburban Residential. The preliminary plat for the proposed 20 lot subdivision has also been filed concurrently with the conditional use permit, annexation and zoning. The R-2 zoning designation has a minimum lot size requirement of 9,600 square feet and is generally limited to single family detached houses, except as otherwise provided under the zoning ordinance, i.e. a conditional use permit for townhouses or other non-residential uses listed in the district. E. Surrounding Zoning and Laud Uses 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 2 F. Growth Policy Plan Designation: The Kalispell City Growth Policy designates this area as Urban Residential and anticipates between three and twelve dwelling units per acre. Autumn Creek has a density of approximately 2.3 dwellings per acre. The proposal is in compliance with the growth policy's anticipated density and also furthers the goals and policies of the growth policy by encouraging a diversity of housing options in the community. G. Utilaities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: Private contract hauler/City of Kalispell Gas: Northwest Energy Company Electric: Flathead Electric Cooperative Phone: CenturyTel Police: City of Kalispell Fire: Kalispell Fire Department Schools: West Valley School District/Kalispell School District #5 EVALUATION OF THE REQUEST The application is reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. 1. Site Suitability: a. Adequate Useable Space: The total area of the lots within the subdivision is 4.68 acres or 203,860 square feet. Based on this area, and the density of one dwelling per 9,600 square feet the density would be 20 dwelling units. The proposed 20 lots within the subdivision are within the total number of lots allowed under this density. Excluded from the net area calculations is a wetland area containing approximately 1.85 acres of unusable space that will be owned in common, 1.60 acres in road and 0.29 of an acre in park. The proposed density complies with the limits of the R- 2, Suburban Residential, zoning; district. b. Adequate Access: Access to the lots will be provided from a new City street that will be constructed to current City standards with curb, gutter, sidewalks, boulevard and a paved 28 foot wide roadway. Hathaway Lane is a rural roadway with a pavement width of between 22 to 24 feet and appears to be in fair condition with drainage swales and no pedestrian access. There will be some impacts from the proposed townhouses to Hathaway Lane. As part of the proposed subdivision filed concurrently with the use permit, as a condition of approval the owner will be required to upgrade Hathaway Lane as it fronts the proposed subdivision and lots within the subdivision will be required to waive their right to protest future upgrades to Hathaway Lane. 3 c. Environmental Constraints: There are no obvious environmental constraints associated with lots 17A 8- B and 18A 8a B of Autumn Creek subdivision where the townhouses are proposed. The site can be described as level with a zero percent slope overall. There is a small creek located to the south which serves as a tributary to Ashley Creek. As part of the subdivision review for Autumn Creek, where the townhouses would be located, the owners had a detailed flood study done. 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 of Autumn Creek and, as the preliminary map indicates, all proposed lots are outside of the 100 year floodplain. 2. Appropriateness of design: a. Parking and site circulation: All of the roads within the subdivision will be constructed to City standards and will end in two cul-de-sacs. Parking will be provided on site at the time the lots are developed. No additional parking beyond the standard two parking spaces per single family dwelling would be required in conjunction with this conditional use permit. b. Open Space: The proposed townhouses would be located on two lots within the Autumn Creek subdivision. The Autumn Creek subdivision will be providing open space and parkland just south of the proposed townhouse units. Therefore, no additional open space is required. C. Fencing/ Screening/ Landscaping: There is no buffer or screening currently existing on the site or proposed other than the wetland area located between Hathaway Lane and the lots within the subdivision nor does any appear warranted. There is some fencing on the site that will be removed with development. d. Ste,: No signage is proposed in conjunction with the conditional use permit. 3. Availability of Public Services[ Facilities: a. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed residential facility. b. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. No unusual impacts or needs are anticipated from the proposed townhouses. Building access as well as the number and placement of fire hydrants will need to meet Uniform Fire Code requirements and be reviewed and approved by the fire marshal. C. Water and sewer: Water and sewer are not currently in place and will need to be extended to the site. There is adequate water supply and sewage 4 treatment capacity within the City of Kalispell's current facilities to serve this development. d. Storm water 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. The proposed townhouse units would tie into the storm drain management plan developed in conjunction with the Autumn Creek subdivision. e. Streets: As discussed in section l.b of this report, the townhouses will be provided access off of a City street to be constructed in conjunction with the proposed Autumn Creek subdivision. However, traffic generated by the townhouse units will use Hathaway Lane, a County roadway which is in fair condition but not constructed to Kalispell City standards. As part of the proposed subdivision fled concurrently with the use permit, as a condition of approval the owner will be required to upgrade Hathaway Lane as it fronts the proposed subdivision and lots within the subdivision will be required to waive their right to protest future upgrades to Hathaway Lane. 4. Neighborhood hnpaets: Development and land use impacts associated with this subdivision and the creation of the two unit townhouses will be typical of any single family development. The properties in this neighborhood are located in the County and are suburban residential in nature. A notice of public hearing was mailed to property owners within 150 feet of the site approximately 15 days prior to the hearing. The Autumn Creek subdivision was reviewed last year by the Planning Department, Planning Board and City Council. Comments were submitted from neighboring property owners who were opposed to the subdivision's density and impacts additional traffic would have on Hathaway Lane. The owners previously proposed the townhouse units adjacent to the future highway bypass. The planning department had concerns of higher housing density next to a future bypass which would create elevated noise levels. The owners responded by redesigning the subdivision layout and have located the proposed townhouses more centrally in the Autumn Creek subdivision. This reduces the number of dwelling units in the area of the bypass and allows the higher density housing to take advantage of the park and open space areas provided in the proposed subdivision. No other impacts have been identified or are anticipated including additional outdoor lighting impacts, smoke, fumes, gas, odors, or inappropriate hours of operation. S. Consideration of historical use patterns and recent changes: The proposal is generally compatible within the subdivision. It can be anticipated with public water and sewer available to the area that increased development similar to the type that is being proposed will continue to occur. Additionally, the two unit townhouse configuration has become a popular housing option in the market as the demographics of the area change. It has become popular for an aging population wanting to downsize, for small families entering the market and "empty nesters" 5 wanting less responsibility in maintenance. However, in order to address aesthetics of the proposed townhouse units the planning department is recommending that the townhouse units be designed so that they are not garage door oriented and the units differ in design and color. 6. Effects on property values: No significant negative impacts on property values are anticipated. As previously mentioned, the proposal is compatible with the neighborhood, and the development and land use impacts would be typical of that anticipated for the area. RECOMMENDATION Staff recommends that the planning board adopt the staff report #KCU-05-7 as findings of fact and recommend to the Kalispell City Council that the conditional use permit 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 CUP as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. Prior to issuance of a building permit for the townhouse units a site plan and elevations shall be reviewed and approved by the planning department. The townhouse units shall be designed so that they are not garage door oriented and the units differ in design and color. 3. The townhouse units shall be developed on lots Autumn Creek subdivision. This use permit shall Autumn Creek subdivision has been approved. 17A & B and 18A & B of the not become effective until the C01 PROPOSED USE: City of Kali SpejILL PLANNING DEPARTMENT Planning Department 17 - 2na Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 APPLICATION FOR CONDITIONAL USE PERMIT Townhomes on lots 5 and 6 OWNER(S) OF RECORD: Name: Lee and Linda_Herahheraer Mailing Address: 24212 SE 384th Street City/State/Zip: __EClumclaw,_WA 98022 Phone.360-825-6629 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Thomas, Dean & Hoskins, Inc. Mailing Address: 31 Three Mile Drive, Suite 101 City/State/Zip: Kalispell, MT 59901 Phone: 406-751-5246 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Two Mile Drive, Kalispell, MT 59901 Sec. 12 Town- Range Address: No. ship 28N No. 22W Subdivision Autumn Creek Name: 6AAK Tract Lot 6D1 Block No(sp174851 No(s).6AB No. 1. Zoning District and Zoning Classification in which use is proposed: City R-2 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. f. Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing. LEE LINDF2i HERSHBERGER 360 82�5 6090 P_02 3. On a scpaz-ate Sheet of paper, discuss the following topics relative to the proposed Ilse: a. Traffic flow and control, b_ Access to and circulation within the property, C. Off-street parking and loading. _ _ -- d. Refuse and service areas. e. Utilities. f. Screening and buffering - tell Signs, yards and other open spaces. -- h. Height, bulk and location of structuzes. i. Location of proposed open space uses. �T j. Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration- 4. Attach supplemental information for proposed uses that have additional requirements (consult Plauner). I hereby certify atnder penalty of perjury and tl-ze 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 coixnection with this application be incorrect or 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 monitorixig and inspection dung the approval and de��pmerxt - ass. f Applicant Signature Date ^� 2 AUTUMN CREEK SUBDIVISION APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL Introduction Our client, New West Properties, L.L.C., is proposing a new subdivision. The proposed Autumn Creek Subdivision is located west of Kalispell on Hathaway Lane 1,500 feet north of Highway 2. The subdivision will include 21 lots, approximately 0.2 acres each. The legal description of the subdivision is Track 6DI, 6AAK and 6AB, Section 12, T28N, R22W. A conditional use permit is requested to allow for 2-unit townhouses on 5A, 5B, 6A and 6B of the 21 lots. 1. Zoning District and Zoning Classification in which use is proposed: The proposed subdivision is zoned R-3 urban single family residential. Townhouses are permitted in R--3 subdivision with filing of a conditional use permit. 2. Attach a plan of the affected lots containing: a. Surrounding Land Uses Activities and land uses surrounding the proposed subdivision include agriculture, single- family homes, horse owners, and other subdivisions. The northeast corner of the subdivision may be dedicated to the Montana Department of Transportation for highway right of way. b. Dimensions and Shape of Lots See attached site plan for dimensions and shapes of lots. Lots containing townhouses and requiring an additional use permit include lots 5A, 513, 6A and 613. c. Topographic Features of Lots See attached site plan for topography of proposed subdivision. d. Size and Location of Existing Buildings A pole barn is currently the only building structure onsite. It will be removed prior to construction. e. Size and Location of Proposed Buildings See attached site plan for location of proposed buildings. f. Existing Use of Structures and Open Areas Currently the subject property is not being used. Previous uses for the subject property included farmland and grazing pasture. A tributary to Ashley Creek flows on the southwestern portion of the site. This area will be left natural and an open/conservation area will be formed. g. Proposed Use of Structures and Open Areas The subject property will primarily be used for roads, homes and yards. The open/conservation area, approximately 2 acres, will be left natural and provide scenic viewing opportunities. Arrangements have been trade to remove the existing pole barn. h. Existing and Proposed Landscaping and Fencing Each lot will be landscaped and seeded with grass. Fencing will be located along the north and south property lines. Existing wire fence on the property will be removed. 3. Discussion of relative topics: a. Traffic Flow and Control 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. The northwest corner of the property may be dedicated to Montana Department of Transportation for highway right of way. This right of way is in anticipation of a 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 210 vehicle trips per day (Ten trips per unit). Trip direction from the subdivision is most likely going to 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. Traffic due to this subdivision is not expected to impact the existing roadway system, The county, state, and city transportation networks in the region can adequately accommodate the anticipated vehicle trips from this subdivision. b. Access To and Within the Property All lots will have driveway access from the internal subdivision roads. Internal subdivision road right of way will be 60 feet. Minimum pavement widths of 28 feet will be maintained throughout the subdivision. The roads will be designed to Kalispell City Standards. As stated above, access to the property will come from Hathaway Lane 1,500 feet north of Highway 2. Two internal subdivision roads are proposed, each ending in a cul de sac. Each cul de sac has been designed, according to Kalispell City Standards, with a 66-foot radius to the back of the curb. Circulation and flow is not expected to be a problem. c. Off -Street Parking and Loading Individual garage spaces and driveways will accommodate off-street parking. Loading berths are not required for the subdivision and have not been included. d. Refuse and Service Areas The collection of refuse will fall under the City of Kalispell's jurisdiction. Said refuse will ultimately be taken to the Flathead County landfill. Individual garbage units are proposed for each lot in the subdivision. e. Utilities Upon development, utilities will be extended to service the subdivision. Municipal sewer and water will service the subdivision. Currently, gas and electric utilities run along the western boundary of the property. f. Screening and Buffering Autumn Creels Subdivision will be incorporating natural and manmade screening and buffering. The developer has agreed to install screening on the northern property line of the property at the request of a neighboring homeowner. Screening will also be placed on the southern property line along with natural screening and buffering. Trees and natural surface waters create a separation from surrounding properties to the west and south. g. Signs, Yards and other Open Spaces Signing for the subdivision will consist of street signs and will conform to Kalispell City Standards. A ground -mounted sign identifying the subdivisions is proposed near the entrance. Typical grass yards are expected for each lot in the subdivision, including the proposed lots containing townhouses. Minimum yard requirements for R-3 subdivisions will be maintained on each lot, including townhouse lots. An open/conservation area is proposed for the southwest portion of the property. A tributary to Ashley Creek flows through this open area. h. Height, Bulk and Location of Structures Location of structures and layout of the subdivision can be seen on the attach site plan. All lots of the subdivision, including proposed townhouse lots, will conform to R-3 Property Development Zoning Regulations. Height of structures is not expected to exceed 2 stories and will remain under the maximum height of 35 feet. i. Location of Proposed Open Space Uses An approximate 2-acre open/conservation area will be located in the southwestern portion of the property. This area will be left natural and allow for scenic viewing and beautification of the property. j. Hours and Manner of Operation The proposed subdivision will be composed of family housing. Hours and manner of operation will be typical of urban single-family residential subdivisions. k. Noise, Light, Dust, Odors, Fumes and Vibration Noise, light, dust, odors, fumes and vibration will not increase significantly for this site. Dust may increase during construction, but all internal roads and parking will be paved, so dust will be minimal upon completion of the construction. Noise, light, dust, odors, fumes and vibration will be typical of urban single-family residential subdivisions. GED 6EE f " R-1 6GB6EF � 2Cwr A CE ; 6CA 6D A \ # " ....... _ 6KC 7AD DJ 6DH f . \ , :'. . 6DHA:'t:: 6DHBC':::= , F' 6DF 6DHBB ' 6AAM B"3 DF ...........6DCl 6A 6AAJ 6L.1 C 6DHBA a , 6J 6H N� 1 2 6DF Q Lo6AA 1 1 6 �. _ 6DF 6AAco Fs l / COUNTY U' r R-1 co 1 f 13DB l_ 16D` 1313C co 13D F VICINITY MAP SCALE 1" - 350' LEE & LINDA HERSHBERGER CONDITIONAL USE PERMIT TO ALLOW TWO _ 2 UNIT TOWNHOUSES (4 LOTS) WITHIN THE AUTUMN CREEK SUBDIVISION - FILED CONCURRENTLY WITH ANNEXATION & INITIAL ZONING AND A PRELIMINARY PLAT FILE# KCU-�-00-07 PLOT �� TE 7i�fQ� H: �s\site\iccuQB_Q7. dwg City of Kalispell Planning Department 17 - 2Ed Street East, Suite 211, .Kalispell, Montana 59901. Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellpianning.com MEMORANDUM TO: Kalispell City Stab' Other Interested Parties FROM: Sean Conrad, Senior Planner RE: July 1.3th Site Review Committee meeting DATE: July 8, 2006 The Planning Department has received the following applications for the August 8tt, Planning Board meeting: 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 Fancily 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 V4 of Section 6, Township 28 North, Range 21 West. 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 573 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 an the SW 'A 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 properly. 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 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 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. 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 me. 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 al 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 Crowley, 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 Electric 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. Date: 7 /0 11 S-T-R: 12-28-22 Lot/Tracts# 6AAK, 6DI, 6AB Property Owner/Mail Address: Lee & Linda Hershberger 24212 SE 384th Street Enumclaw, WA 98022 Thomas, Dean & Hoskins Attn: Bill Boger 31 Three Mile Drive, Ste 101 Kalispell, MT 59901 AND ATTACHED LIST City of Kalispell PIanning Department 17 - 2°d Street Past, Suite 211, Kalispell, Montana 59901 Telephone- (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information.. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION 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 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 1/4 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 Westview Business Center, located in portions of the SW 1/4 of the SW V4 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 ZA 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 coaditional 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 rifest and Hathaway Lane. The property can be legally described as Assessors Tracts 6AAK, 6DI and 6AB, located in the SW V4 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 opera. 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 a -mail us at plan_ningggalispell.com for additional information. Lee & Linda Hershberger Thomas Dean & Hoskins Knotts Family Investments, Inc. 24212 SE 384h Street 31 Three Mile Drive, Ste 101 1210 Birch Grove Road Enumclaw, WA 98022 Kalispell, MT 59901 Kalispell, MT 59901 Edwin & Debra Meuli 32 %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 W 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 59520 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 OF PUP..1C HEAT-1.Nti KALISPELL CITY PLANNING BOARD AND ZONING COM- MISSION AUGUST 8. 2006 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 will 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 owner is also requesting a PUD zoning district on the property to allow re- duced lot sizes in the R- 2 zoning district and a preliminary plat to cre- ate 44 lots ranging in size from 2,900 net square feet to 4,600 net Square feet. The prop- 9rty is currently zoned 'ounty AG-80 and is lo- :ated on the north side )f Three Mile Drive ap- )roximately 1,0oo feet Vest of the intersection )f Meadows Lane and 'hree Mile Drive. There s an existing house on he property addressed is 575 Three Mite )rive. The property can !e legally described as 'ract 1 of Certificate of >urvey 9981, located in 1e SW 1/4 and SE 1/4 f Section 27, Township 8 North, Range 22 Vies'. 2. A request from tear al Arts Pharmacy f K lispell, LTD, to re- ut7d:vide two existing 'is itt in +Nestview us' :,ess Center Into free lots. The pro. ]sea lots would range size from 21,900 3uare feet to 31,80() quare feet. The two xisting lots are zoned -2, General Business, rid are located on he arth side of westview ark Place' I F;e is proposed " ij er s+!r oh/han. .0 gaily descm0cmr€ _.1 2 and 3 of Westview Business Center, locat- ed in portions of the SW 114 of the SW1/4 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 per- mit approval of Autumn Creek on an 8.69 acre property. The owners are requesting annexa- tion into the City of Ka- lispell 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 R-2 zon- ing district. The proper- ty is currently zoned County R-1 and is locat- ed on the east side of Hathaway Lane approxi- mateiy 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, 6D1 and 6AB, located in the SW 1/4 of Section 12, Town- ship 28 North, Flange 22 Vilest. 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 314 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 Haven Drive and Four Mile Drive. The property ad- dcess is 430 and 45€l Four. Mile Drive and can be legally described as Assessors Tract 4, lo- ^ated in Section 1, Township 28 North, Range 22 West, Documents to the agenda iter-:; Prs. an file for public tlon �t the K i,sr)pw Pf&nnirtg Department. 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. V 0 6 UP 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 j ulq- 2bi`W0 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. C vw 56 wayiz, Subscribed and swozxa'. to Before me this tlu� - L Notary Public for the State of Montana Residing in Kalispell MV Commission expires 9f11/09 17 Second Street: Ea Suite 211,. Kalispell:, A 59901, and are avai ble for public reviE during regular offi, hours. Interested persons a encouraged. to atte.i the hearing: and ma their views and, c4 cares known to- ti Board. Written cor meats may be subm; ted to the Kalispell Pla ning. Department: at tl above address,prior the date.:of the., hearin or you may call us (406): 75.1:-1: a5o;., or mail' us at planning ® k lispell:com:..for-additior information.-. /s/Thomas:R' Jentz. Thomas R. Jentz .. Planning -Director July, 23„ 200&... City of Kalispell Planning Department 17 - 2nd Street East, Suite 211. Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT: Preliminary Plat request for the U.S. Forest Service MEETING DATE: October 2, 2006 BACKGROUND: The Kalispell City Planning Board met on September 19, 2006 and held a public hearing to consider a request by Goldberg Properties, Inc. on behalf of the U.S. Forest Service for preliminary plat approval to lease a 5.35 acre parcel from the Department of Natural Resources and Conservation in order to construct a new facility for the U.S. Forest Service to serve the greater Flathead Valley area. The proposed lease site can be generally described as lying in the NW 1/4 of the NW 1/4 of Section 36, Township 29 North, Range 22 West PMM Flathead County, Montana. The area of the lease site is zoned R-5/PUD (Residential -Professional Office/Planned Unit Development). The Planning Board held a public hearing on the proposed subdivision at its September 19th meeting. Staff provided a brief presentation of the proposed subdivision and recommended the Planning Board consider amending 2 conditions. This included amending condition #2 to state that the access road, instead of "serving" staff suggested using "abutting" the subdivision shall be designed and construction in accordance with the adopted Design and Construction Standards for the City of Kalispell. Staff also suggested amending condition #6 to state that 40 feet of additional R/W from the center line of Stillwater Road shall be dedicated along the road and shall be shown on the face of the final lease site map. With the 2 amended conditions in place staff recommended approval of the preliminary plat subject to 11 conditions in the staff report. Mike Fraser of TD&H and Grant Nelson of Goldberg Properties, Inc. spoke in favor of the project. Steve Lorch from the Montana Department of Natural Resources and Conservation also spoke in favor of the project. After the public hearing the board discussed the proposal and a motion was made which passed unanimously to recommend approval of the preliminary plat to the Kalispell City Council subject to the 11 conditions as amended above. RECOMMENDATION: A motion to approve the preliminary plat with the 11 conditions attached in Exhibit A would be in order. FISCAL EFFECTS: Positive impacts once fully developed.