Staff Report/Preliminary PlatCity 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
James H. Patrick, City Manager
SUBJECT: Preliminary Plat request for Ashley Park Phase 9 Subdivision
MEETING DATE: June 4, 2007
BACKGROUND: The Kalispell City Planning Board met on May 8, 2007 and held a
public hearing to consider a request for the preliminary plat of Ashley Park Phase 9.
The preliminary plat request includes platting 34 lots, 10 single family residential lots
and 24 townhouse lots, on an 8.8 acre site. The property is located at the end of Pintail
Drive approximately 100 feet south of the intersection of Pintail Drive and Merganser
Drive. The property can be described as a portion of Tract 4 in the SW 1/4 of the SE 1/4
of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-06-16
and evaluated the proposal. He noted the proposed location of the access roads and
recommended conditions of approval. He also informed the planning board that the
Public Works Department was recommending condition 10 be amended to only require
a 10-foot wide public utility easement instead of the recommended 60-foot wide road
and utility easement. Mr. Conrad recommended the planning board consider revising
the condition as follows:
10. An additional 60 feet A 10-foot wide public read and utility easement shall be
dedicated to the City of Kalispell from the edge of the road right-of-way for
Pintail Court east to the eastern boundary of the subdivision site. The 10 60-
foot wide public reams and utility easement shall be located in the general area
of lots 7A and 7B., and 8A as shown on the preliminary plat.
At the public hearing Erica Wirtala of Sands Surveying spoke in favor of the
subdivision. She noted three conditions which the developer had a concern about,
conditions 4, 9, and 13. Condition 4 requires a noise study be completed by the
developer and mitigation measures be completed to lower the noise level on the
proposed lots due to the proximity of the highway bypass. Ms. Wirtala suggested that
MDT should be responsible for completing the noise study and that sound mitigation
installed by MDT in other locations to the north of the subdivision site will help
mitigate the noise levels on this property. She asked the board to revise this condition
in accordance with her comments.
Recommended condition 9 requires a 10-foot developer's latecomers reserve easement
shown on the preliminary plat be removed. Ms. Wirtala stated that the unproved road
and accompanying right-of-way to the east will be mostly for the benefit of the
adjoining property owner and the developer felt a latecomer's fee for 10 feet would not
be unreasonable to expect. She asked the board to leave the 10-foot latecomers
reserve easement on the plat.
Condition 13 requires a bike/pedestrian path easement be 12-feet wide with a 10-foot
wide bike/pedestrian path constructed within the easement. Ms. Wirtala stated that
typically the bike/pedestrian paths that are constructed are 8 feet in width and are
constructed within a 10 foot easement. She asked the board to consider revising this
condition accordingly.
Pete Wessel spoke in regards to the noise study and suggested that the planning board
should have the study completed before they act on the preliminary plat. With a
completed noise study the board can review the preliminary plat along with the
recommended mitigation measures to reduce the noise impacts from the highway
bypass. He also suggested that the city may not be pleased with a series of sound
walls along the new bypass which are needed due to the higher density permitted
along portions of the bypass. No one else wished to speak on the requested
subdivision.
The board discussed the proposed subdivision and felt that condition 4, requiring a
noise study, and Condition 9, requiring the removal of the 10-foot latecomers reserve
easement, should remain as recommended by staff. The planning board did amend
Condition 13 to address the developers concerns as follows"
13. A bike/pedestrian path easement, 12-feet wide, shall be shown on the final plat
in the general area of lots 17 and 18 and 10A and 10B.
a. A bike/pedestrian path shall be constructed from the edge of the
sidewalks along Pintail Court and Mallard Court and extend west to the
western boundary of the subdivision.
b. The bike/pedestrian path shall be a minimum width of 49 8 feet.
C. The 40 8-foot bike/pedestrian path shall be included in the
infrastructure plans reviewed by the Public Works Department.
A motion was made to recommend approval of the proposed subdivision subject to the
27 conditions in the staff report with amendments to Condition 10 as recommended
by staff and Condition 13 as recommended by the planning board. The motion passed
unanimously.
RECOMMENDATION: A motion to approve the preliminary plat with the 27
conditions as recommended by the planning board would be in order.
FISCAL EFFECTS: Positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Sean Conrad
Senior Planner
Report compiled May 30, 2007
James H. Patrick
City Manager
Attachments: Transmittal letter
Exhibit A (conditions)
Staff reports #KPP-06-16 and application materials
Draft Minutes 5/8/07 planning board meeting
c: Theresa White, Kalispell City Clerk
City of Kalispell
Planning Department
17 - 2"d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
May 30, 2007
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Preliminary Plat request for Ashley Park Phase 9 Subdivision
Dear Jim:
The Kalispell City Planning Board met on May 8, 2007 and held a public hearing to
consider a request for the preliminary plat of Ashley Park Phase 9. The preliminary
plat request includes platting 34 lots, 10 single family residential lots and 24
townhouse lots, on an 8.8 acre site. The property is located at the end of Pintail Drive
approximately 100 feet south of the intersection of Pintail Drive and Merganser Drive.
The property can be described as a portion of Tract 4 in the SW 1/4 of the SE 1/4 of
Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-06-16
and evaluated the proposal. He noted the proposed location of the access roads and
recommended conditions of approval. He also informed the planning board that the
Public Works Department was recommending condition 10 be amended to only require
a 10-foot wide public utility easement instead of the recommended 60-foot wide road
and utility easement. Mr. Conrad recommended the planning board consider revising
the condition as follows:
10. An additional 60 feet A 10-foot wide public road and utility easement shall be
dedicated to the City of Kalispell from the edge of the road right-of-way for
Pintail Court east to the eastern boundary of the subdivision site. The 10 60-
foot wide public read and utility easement shall be located in the general area
of lots 7A and 7B., and 8A as shown on the preliminary plat.
At the public hearing Erica Wirtala of Sands Surveying spoke in favor of the
subdivision. She noted three conditions which the developer had a concern about,
conditions 4, 9, and 13. Condition 4 requires a noise study be completed by the
developer and mitigation measures be completed to lower the noise level on the
proposed lots due to the proximity of the highway bypass. Ms. Wirtala suggested that
MDT should be responsible for completing the noise study and that sound mitigation
installed by MDT in other locations to the north of the subdivision site will help
mitigate the noise levels on this property. She asked the board to revise this condition
in accordance with her comments.
Recommended condition 9 requires a 10-foot developer's latecomers reserve easement
shown on the preliminary plat be removed. Ms. Wirtala stated that the improved road
and accompanying right-of-way to the east will be mostly for the benefit of the
adjoining property owner and the developer felt a latecomer's fee for 10 feet would not
be unreasonable to expect. She asked the board to leave the 10-foot latecomers
reserve easement on the plat.
Condition 13 requires a bike/pedestrian path easement be 12-feet wide with a 10-foot
wide bike/pedestrian path constructed within the easement. Ms. Wirtala stated that
typically the bike/pedestrian paths that are constructed are 8 feet in width and are
constructed within a 10 foot easement. She asked the board to consider revising this
condition accordingly.
Pete Wessel spoke in regards to the noise study and suggested that the planning board
should have the study completed before they act on the preliminary plat. With a
completed noise study the board can review the preliminary plat along with the
recommended mitigation measures to reduce the noise impacts from the highway
bypass. He also suggested that the city may not be pleased with a series of sound
walls along the new bypass which are needed due to the higher density permitted
along portions of the bypass. No one else wished to speak on the requested
subdivision.
The board discussed the proposed subdivision and felt that Condition 4, requiring a
noise study, and Condition 9, requiring the removal of the 10-foot latecomers reserve
easement, should remain as recommended by staff. The planning board did amend
Condition 13 to address the developers concerns as follows"
13. A bike/pedestrian path easement, 12-feet wide, shall be shown on the final plat
in the general area of lots 17 and 18 and 10A and lOB.
a. A bike/pedestrian path shall be constructed from the edge of the
sidewalks along Pintail Court and Mallard Court and extend west to the
western boundary of the subdivision.
b. The bike/pedestrian path shall be a minimum width of 48 8 feet.
C. The 40 8-foot bike/pedestrian path shall be included in the
infrastructure plans reviewed by the Public Works Department.
A motion was made to recommend approval of the proposed subdivision subject to the
27 conditions in the staff report with amendments to Condition 10 as recommended
by staff and Condition 13 as recommended by the planning board. The motion passed
unanimously.
Please schedule this matter for the June 4, 2007 regular Kalispell City Council
meeting. You may contact this board or Sean Conrad at the Kalispell Planning
Department if you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
lto�IA4 '�-4
Timothy Norton
President
Attachments: Exhibit A
Staff reports #KPP-06-16 and application materials
Draft Minutes 5/8/07 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Somers Land Company
1995 3rd Avenue East
Kalispell, MT 59901
Sands Surveying, Inc.
2 Village Loop
Kalispell, MT 59901
EXHIBIT A
ASHLEY PARK PHASE 9 SUBDIVISION
PLAT CONDITIONS OF APPROVAL
AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD
MAY 8, 2006
The Kalispell City Planning Board recommends to the Kalispell City Council that the
preliminary plat for Ashley Park Phase 9 subdivision be approved subject to the
following conditions:
General Conditions:
That the development of the site shall be in substantial compliance with the
application submitted, materials and other specifications as well as any
additional conditions associated with the preliminary plat as approved by the
city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat)
2. The preliminary plat approval shall be valid for a period of three years from the
date of approval. (Kalispell Subdivision Regulations, Section 2.04).
3. Prior to Apy excavation or earthwork, a City Stormwater Management Permit
shall be approved and issued from the Kalispell Public Works Department. In
accordance with Ordinance 1600, the permit shall include a permit application,
site map, narrative describing the best management practices to be used and a
completed checklist. In addition to the City Stormwater Management Permit
the developer shall submit a copy of the State General Construction Stormwater
Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention
Plan (SWPPP). At the time of final plat, the project engineer shall certify that the
development is in compliance with the approved City Stormwater Management
Permit. (Ordinance 1600 and Findings of Fact Section C)
Prior to final plat:
4. A noise study shall be completed prior to the final plat approval. The noise
study shall show how a noise level of 60 dBA at the western property boundary
of the subdivision can be achieved. The proposed mitigation measures
contained in the noise study shall be reviewed and approved by city staff and
implemented prior to final plat approval.
Note: This condition may result in the loss of one or more of the proposed lots
shown on the preliminary plat. Reasonable bike and pedestrian access shall be
provided from the subdivision site to the bike path located along the fixture
highway bypass. (Findings of Fact Section A)
5. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards and shall be certified in
writing by an engineer licensed in the State of Montana. All design work shall
be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infrastructure shall include but not be limited to
streets, street lighting, street signage, curb, gutter, boulevard and sidewalks.
(Kalispell Design and Construction Standards, project proposal)
6. Water and sewer main extensions shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction
and Montana Public Works Standards. The water and sewer main extension
plans shall be reviewed and approved by the Kalispell Public Works
Department. Prior to final plat, a certification shall be submitted to the Public
Works Department stating that the water and sewer mains have been built as
designed and approved. (Kalispell Design and Construction Standards)
7. The developer shall submit to the Kalispell Public Works Department for review
and approval, a stormwater report and an engineered drainage plan that meets
the requirements of the current City standards for design and construction.
Prior to final plat, a certification shall be submitted to the Public Works
Department stating that the drainage plan for the subdivision has been
installed as designed and approved. (Kalispell Design and Construction
Standards)
8. A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or a
proper bond has been accepted for unfinished work. (Kalispell Design and
Construction Standards)
9. Mallard Drive shall be improved as follows:
a. A 60-foot wide public road and utility easement shall be shown on the final
plat and extend to the eastern boundary of the subdivision.
b. New infrastructure including but not be limited to streets, street lighting,
street signage, curb, gutter, boulevard and sidewalks shall be installed to
the eastern boundary of the subdivision.
c. The 10-foot developers latecomers reserve easement shall be removed.
(Findings of Fact Section D)
10. A 10-foot wide public utility easement shall be dedicated to the City of Kalispell
from the edge of the road right-of-way for Pintail Court east to the eastern
boundary of the subdivision site. The 10 foot wide public utility easement shall
be located in the general area of lots 7A and 7B. (Kalispell Planning Board)
11. The following requirements shall be met per the Kalispell Fire Department and
so certified in writing by the Fire Department: (Kalispell Subdivision
Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per
City specifications at approved locations. Minimum fire flows shall be in
accordance with International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International
Fire Code (2003) Chapter 5.
d. It shall be noted on the face of the plat that hazardous weed abatement shall
be provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the
road as "no parking fire lane."
12. A letter shall be obtained from the Kalispell Parks and Recreation Director
approving a landscape plan for the placement of trees and landscaping
materials within the landscape boulevards of the streets serving the
subdivision. The approved landscape plan shall be implemented or a cash in
lieu payment for installation of the street trees and groundcover provided to the
Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations,
Section 3.11)
13. A bike/pedestrian path easement, 12-feet wide, shall be shown on the final plat
in the general area of lots 17 and 18 and 10A and 10B.
C. A bike/pedestrian path shall be constructed from the edge of the
sidewalks along Pintail Court and Mallard Court and extend west to the
western boundary of the subdivision.
d. The bike/pedestrian path shall be a minimum width of 8 feet.
e. The 8-foot bike/pedestrian path shall be included in the infrastructure
plans reviewed by the Public Works Department. (Findings of Fact
Section A)
14. The parkland dedication requirements shall be met with the payment of cash in
lieu of parkland equal to 1.02 acres of land. The payment shall be based on the
fair market value of undivided, unimproved land. (Kalispell Subdivision
Regulations, Section 3.19 and Findings of Fact Section D).
15. The road within the subdivision shall be named and signed in accordance with
the policies of the Kalispell Public Works Department and the Uniform Traffic
Control Devices Manual and be subject to review and approval of the Kalispell
Fire Department. A letter shall be obtained from the Kalispell Public Works
Department stating the naming and addressing on the final plat have been
reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09)
16. All existing and proposed easements shall be indicated on the face of the final
plat. Utility easements for City water and sewer shall be provided to allow for the
logical extension of utilities from this subdivision to adjoining properties. A letter
from the Kalispell Public Works Department shall be obtained stating that the
required easements are being shown on the final plat. (Kalispell Subdivision
Regulations, Section 3.18)
17. Prior to filing the final plat a letter from the US Postal Service shall be included
stating the Service has reviewed and approved the design and location of the
mail delivery site. The mail delivery site shall be installed or bonded for prior to
final plat. In addition, the mail delivery site and improvements shall also be
included in the preliminary and final engineering plans to be reviewed by the
Public Works Department. The mail delivery site shall not impact a sidewalk or
proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22)
18. 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))
19. A geotechnical report shall be provided to the building department at the end of
the site grading showing the areas where fill material has been utilized and
have been properly compacted. (Findings of Fact Section A)
20. A note shall be placed on the final plat prohibiting the installation of basements
within the subdivision. (Findings of Fact Section C)
21. The following statement shall appear on the final plat: "The undersigned hereby
grants unto each and every person, firm or corporation, whether public or private,
providing or offering to provide telephone, telegraph, electric power, gas, cable
television, water or sewer service to the public, the right to the joint use of an
easement for the construction, maintenance, repair, and removal of their lines
and other facilities, in, over, under, and across each area designated on this plat
as "Utility Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
22. A homeowners association for the subdivision shall be created that includes a
provision for the maintenance of the bike paths, stormwater pond, and the open
space areas within the subdivision. The maintenance provisions in the
homeowners association shall include mowing or trimming the grasses within
the common area to reduce the fire hazard and spread of noxious weeds.
(Findings of Fact Sections A and C)
23. The developer shall install landscaping along the east side of the utility site
shown on the preliminary plat. The landscaping shall be installed between the
sidewalk and security fencing for the site. The landscaping shall consist of
bushes or shrubs with a minimum mature height of 6 feet. The landscaping
plan shall be reviewed and approved by the Kalispell Parks and Recreation
Department and Kalispell Planning Department. (Findings of Fact Section D)
24. That a minimum of two-thirds of the necessary infrastructure for this
subdivision shall be completed prior to final plat approval. (Findings of Fact
Section A)
On going conditions:
25. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
26. All areas disturbed during development shall be re -vegetated with a weed -free
mix immediately after development.
27. All sublots shown the final plat shall be restricted to townhouse development.
(Findings of Fact Section G)
SOMERS LAND LLC
REQUEST FOR INITIAL ZONING OF R-4, UPON ANNEXATION
STAFF REPORT #KA-06-15
REQUEST FOR ASHLEY PARK PHASE 9 SUBDIVISION
STAFF REPORT #KPP-06-16
KALISPELL PLANNING DEPARTMENT
APRIL 25, 2007
A report to the Kalispell City Planning Board and the Kalispell City Council regarding
an initial zoning designation of R-4 upon annexation to the city of Kalispell and a
subdivision to create 34 residential lots. A public hearing has been scheduled before
the Kalispell City Planning Board for May 8, 2007 beginning at 7:00 PM, to consider
appropriate zoning for the property to be annexed and the subdivision request. The
planning board will forward a recommendation to the Kalispell City Council for
consideration.
BACKGROUND INFORMATION
The proposed project is the ninth phase of the Ashley Park development. The previous
eight phases were granted preliminary plat approval in May of 1994. The entire
project received the R-4 (Two Family Residential) zoning district at the time the
preliminary plat of Ashley Park phases 1-8 was approved. The first phase of the
Ashley Park subdivision received final plat approval in 1994. Phase eight received
final plat approval in February of 2006.
This staff report will address both requests, initial zoning and preliminary plat, that
the owner is requesting for phase 9. Each request will be reviewed with a
recommendation and a set of conditions at the end of the report beginning on page 13.
A. Petitioner and Owners:
Technical Assistance:
Somers Land Company
1995 3rd Avenue East
Kalispell, MT 59901
(406) 257-1602
Sands Surveying, Inc.
2 Village Loop
Kalispell, MT 59901
(406) 755-6480
B. Location and Legal Description of Property: The property proposed for
annexation is located at the end of Pintail Drive approximately 100 feet south of
the intersection of Pintail Drive and Merganser Drive. The property can be
described as a portion of Tract 4 in the SW 1/4 of the SE 1/4 of Section 19,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
C. Eadsting zoning: The property is currently in the County zoning jurisdiction
and is zoned County R-4. The County R-4, Two Family Residential zoning
district, allows single-family homes and duplexes as permitted uses and has a
minimum lot size requirement of 6,000 square feet for a single-family residence
and 7,500 square feet for a duplex. Areas with an R-4 zoning designation would
typically be located in an urban setting with full public services and utilities.
D. Proposed Zoning: City R-4, Two -Family Residential, has been proposed for the
property. The R-4 zoning district allows both single-family residences and
duplexes as permitted uses. The minimum lot size for the district is 6,000
square feet and a minimum lot width of 50 feet with setbacks of 15 feet in the
front, 10 feet in the rear and five feet on the sides.
E. Size: The area proposed for annexation and zoning contains approximately 8.8
acres.
F. Existing Land Use: The property is currently vacant.
G. Adjacent Land Uses and Zoning: the area is located on the urban fringe of the
city with City R-4 zoning immediately north with lots developed with both single
family and duplex homes. To the east are vacant tracts of land as well as smaller
lots developed with single family residences and a junk yard. South and west of
the site is the future Highway 93 Bypass.
North: Residential; City R-4 zoning
East: Single-family homes and commercial business; County R-1 and
County I-1 zoning districts
South: Future Highway 93 Bypass; County R-1 zoning
West: Future Highway 93 Bypass; County R-1 zoning
H. General Land Use Character: This site is in somewhat of a mixed use area
generally characterized as residential with single-family and townhouse
neighborhoods to the north and east with vacant lands to the south and west. A
commercial junk yard is located east of the site.
I. Availability of Public Services and Extension of Services: Public services,
including water and sewer are currently available to the north of this site in the
Ashley Park subdivision.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized criteria
described by 76-2-304, M.C.A.
1. Does the requested zone comply with the Master Plan?
The property is designated by the Kalispell Growth Policy 2020 as "Urban
Residential" which is defined as anticipating three to twelve dwellings per acre.
Because of the plans for the provision of public sewer to the site, the proposed R-
4 zoning designation is in compliance with the growth policy designation. The R-
4 zoning has a minimum lot size requirement of 6,000 square feet, which would
provide an anticipated density compatible with the growth policy designation.
Typically, an R-4 zone would provide 5 single-family residential units or up to 10-
12 duplex or townhouse units per gross acre. The owners have submitted a
subdivision application in conjunction with the request for annexation and initial
zoning. The proposed subdivision would create 10 single family residential lots
and 24 townhouse lots on the 8.8 acre site. This would provide an overall
density of 3.9 units per acre which is within the range of allowable dwelling units
per acre in the Urban Residential Growth Policy designation.
2. Is the requested zone designed to lessen congestion in the streets?
It can be anticipated that the proposed development of the property that will be
associated with the zoning will increase traffic impacts in the area due to the
relatively low density of the area currently. The proposed zoning carries with it
the checks and balances, including the need for review, which will insure that
traffic flows and access are appropriately addressed. The potential densities
afforded by this zone will not overtax the existing City road system in the
immediate area.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities would be made available to the site in the
case of an emergency. There are no features related to the property which would
compromise the safety of the public. New construction will be required to be in
compliance with the building safety codes of the City which relate to fire and
building safety. All municipal services including water and sewer will be
extended to the property.
4. Will the requested zone promote the health and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those which would be compatible with the adjoining
properties and provide a place for new housing in the community.
5. Will the requested zone provide for adequate light and air?
Setback, height, and coverage standards for development occurring on this site
are established in the Kalispell Zoning Ordinance to insure adequate light and air
is provided.
6. Will the requested zone prevent the overcrowding of land?
As previously noted, this area has been anticipated for residential development
and has, in fact, developed in that manner to the north. Since public water and
sewer are available to the area, the urban land use designation is appropriate.
The anticipated density generally falls within the proposed R-4 zoning
designation. All public services and facilities will be available to serve this
property-
3
7. Will the requested zone avoid undue concentration of people?
The intensity of the uses of the property would be in direct relationship to the
availability of public services, utilities and facilities as well as compliance with
established design standards. The design standards and availability of facilities
would provide the structure needed to insure that there will not be an
overcrowding of the land or undue concentration of people. Minimum lot
standards, use standards and development standards will avoid the undue
concentration of people at the time the property is further developed.
8. Will the requested zone facilitate the adequate provision of transportation water,
sewerage, schools, parks, and other public requirements?
Public service, facilities and infrastructure would be made available to the
developer. New improvements to the property such as roads, water, sewer and
drainage facilities would be installed in accordance with City policies and
standards at the developers' expense thereby insuring that there is adequate
provision of services to the site prior to development. Fire, police, ambulance and
public access are adequate to accommodate potential impacts associated with the
development of this site. There will be impacts to services that can be anticipated
as a result of this proposal which can be met by the City. All public services and
facilities are currently available or can be provided to the property. Development
should be encouraged in areas where these services are available.
9. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed R-4 zoning district is consistent with the surrounding zoning and
land uses in the area and will provide the basis for the future land uses on this
property, in accordance with the Kalispell Growth Policy. This zoning gives
adequate consideration to the suitability of this property for the proposed uses.
The proposed zoning is consistent with the anticipated land uses in the area and
gives due consideration of the suitability of this property for the permitted uses in
the district.
The future Highway 93 Bypass is located west of the subdivision site and while,
the suitability of the site may be affected, this office has determined that the R-4
zoning designation would still be appropriate. The subdivision submitted in
conjunction with the annexation and initial zoning request includes conditions
for noise mitigation on site and may result in a reduction in density, additional
setback requirements, and berming and landscaping to ensure noise levels are
below 60 dBA.
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is in transition between existing urban
residential development located north and larger undeveloped tracts of land to the
east. The proposed zoning allows this development to address needs within the
community for housing on public services and in reasonable proximity to existing
commercial businesses, health care facilities and schools. Availability of public
4
water and sewer to the area indicate that this type of development will continue to
occur in the general area with similar types of uses as is proposed with this
property, i.e. urban residential rather than rural. It appears that the proposed
zoning gives reasonable consideration to the character of the district.
11. Will the proposed zone conserve the value of buildings?
City standards will ensure that there is high quality development that will ensure
the value of buildings and homes are protected, maintained and conserved. Value
of the buildings in the area will be conserved because the zoning will promote
compatible and like uses on this property as are found on other properties in the
area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Urban -scale residential development should be encouraged in areas were services
and facilities are available such as is being proposed on this property. The
proposed zoning is consistent with the growth policy and surrounding zoning in
the area.
II. REVIEW AND FINDINGS OF FACT FOR THE PRELIAHNARY PLAT OF
ASHLEY PARK PHASE 9
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 is considered to be at low
risk of fire because the subdivision and homes within the subdivision would be
constructed in accordance with the International Fire Code and have access
which meets city standards. Hydrants will be required to be placed in
compliance with the requirements of the International Fire Code and approved
by the fire marshal. The fire access and suppression system should be
installed and approved by the fire department prior to final plat approval. This
is necessary to prevent combustible construction from taking place prior to the
construction of adequate fire access and therefore avert any associated
problems.
Flooding: According to the Flood Insurance Rate Map (FIRM) Panel # 1815 dated
9 / 30/ 92 the site is located entirely in Zone C which is not a flood prone area
and no special permits are required for development.
Access: Access is provided by Merganser Drive which is a city street built to
city standards and currently serves lots within phases 4, 5, 7 and 8 of the
Ashley Park subdivision. Phase 9 will include a connection via Pintail Drive
from Merganser Drive south into the 8.8 acre subdivision site. The preliminary
plat shows two internal roads, Pintail Drive/Court and Mallard Drive/Court.
5
These internal roads will be built to city standards within a 60 foot road right-
of-way.
The preliminary plat shows Mallard Court extending to the west side of the
subdivision to serve lots 13 through 22 and Pintail Court leading south
terminating with a cul-de-sac to serve the lots generally located in the southern
portion of the site. Mallard Drive extends west from Pintail Court which
provides legal access to lots 2A and 2B in the north east corner of the project
site as well as future connectivity to attractive land immediately east of the site.
Figure 1 below shows the approximate location of Mallard Drive. The Public
Works Department is recommending the road right-of-way for Mallard Drive
extend to the eastern property boundary to provide future road connectivity to
property east of the subdivision site.
Figure 1. Looking east from the project site.
The City's Site Review Committee suggested that two bike path connections be
provided from the subdivision to the future bike path along the proposed
Highway 93 Bypass. The Committee recommended the two connections be
located at the terminus of both Mallard Court and Pintail Court in the vicinity
of lots 17 and 18 and lots l0A and lOB.
Staff is recommending the bike path be 10 feet wide within a 12 foot easement.
The bike path will be required to be constructed from the edge of the sidewalks
along Pintail Court and Mallard Court west to the western property boundary of
the subdivision.
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This recommendation is supported by Policy 9 of Chapter 10, Transportation, in
the Kalispell Growth Policy which states, "Develop a pedestrian -bicycle system
to supplement the auto -oriented street system and to meet local transportation
and recreation needs."
Additionally, staff is recommending the 12-foot bike pedestrian easement be
located within a common area of the subdivision and not on individual lots.
Bike paths located on individual lots create future problems with overall
maintenance of the area as one property owner may keep the area clear of
weeds and clean and the neighboring property owners may not. Also, placing
the bike pedestrian easement within a common area provides for a greater
separation between the bike path proposed within this easement and future
houses located to the east and west of the easement.
The creation of a homeowners association is a required component of this
approval and is necessary to maintain the common areas, including the
aforementioned bike / pedestrian path and easement, within the subdivision.
Noise: The future Highway 93 Bypass will be located on the west side of the
proposed subdivision. The property is currently vacant of any type of
residential housing. The proposed project would allow 34 dwelling units on the
project site with a combination of single family lots and townhouse lots
proposed along the bypass right-of-way at this time. The planning board and
city council should note that if the R-4 zoning is approved for the site the
proposed single family lots shown on the preliminary plat could accommodate a
duplex which is a permitted use within the R-4 zoning district.
On November 17, 2006 the planning department sent a letter to Sands
Surveying requesting additional information for the proposed subdivision. One
of the requests was a copy of the preliminary plat showing projected noise
contours from the future highway bypass along the western side of the
subdivision. The planning department received this information on April 25,
2007. The attached preliminary plat map shows contours of 64, 62 and 60
which indicated anticipated noise decibel levels that would result from the
proposed highway bypass. This information was provided by the Montana
Department of Transportation (MDT). The anticipated 60 decibel noise contour
parallels the bypass and extends approximately 200 feet onto the property -
almost one-half of the 8.8 acre site. Fourteen lots shown on the preliminary
plat are within areas where anticipated noise levels are to be higher than 60
decibels. Three additional lots are bisected by the 60 decibel noise contour.
The Montana Department of Transportation has commented on the potential
noise impacts the highway may have on future residences along the proposed
bypass. Cora Helm, Highway Traffic Noise Specialist, stated in a letter dated
October 23, 2006 that, "noise levels in excess of 65 dBA are regarded to be a
critical annoyance in much of the published research pertaining to traffic noise.
Speech is severely interfered with at these levels, so outdoor areas for homes
sitting near the 64 decibel contour line will not be functional unless protected
with a berm or barrier. Traffic will only increase on the bypass over the years,
and a 64 decibel location could quickly approach 67 dBA or more." The
Department of Transportation is required to mitigate the noise impact to
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existing residences at the 67 dBA level. Note that MDT recommends
communities determine appropriate noise levels for types of development or
uses and provide guidance on preferred mitigation. In recent discussions, the
Kalispell Planning Board, agreed that mitigation was necessary to maintain an.
outdoor 60 dBA noise level along areas adjacent to the proposed future Highway
93 bypass.
A follow-up letter dated February 22, 2007 and written by Ms. Helm on the
current project proposal states the following, "For the Kalispell Bypass, MDT
concluded that there are two locations where noise abatement would satisfy
much of the reasonableness and feasibility criteria for barriers, outside of
seeking public input. Those locations include the developments south of
Sunnyside and north of Three Mile Drive that were built or platted as of August
9, 2005. Developments that are platted after that August date, such as Ashley
Park Phase 9, would not be eligible for federal -aid noise abatement, such as
barriers, until such a time that the Kalispell Bypass would become a six -lane
facility!"
A letter from Sands Surveying dated April 2, 2007 to the Kalispell Planning
Department states that the developer can encourage the use of noise reducing
materials in homebuilding and in some cases promote the use of rear garages
instead of street facing garages. Based on previous discussions about noise
impacts to future housing along the bypass, the planning department believes
that the aforementioned recommendations by the developer are inadequate.
The issue is not the noise level inside the homes rather it is the noise level
outside of the homes. One of the primary purposes of the Kalispell Subdivision
Regulations is to promote the public health, safety and general welfare. To
achieve this, staff is recommending exterior/ outdoor noise levels along the
bypass be mitigated by way of noise reducing building materials, additional
setbacks from the right-of-way, earth berming, and vegetation. The developer
has not provided enough information on or to what degree of noise reduction
would result by placing garages in the rear of housing units.
Therefore, the planning department would recommend the planning board
consider including a condition on the plat requiring a noise study be completed
prior to the final plat approval. The noise study will need to show how a noise
level of 60 dBA can be achieved outside of the future residential buildings,
between the buildings and the future highway right-of-way. The proposed
mitigation measures contained in the noise study shall be reviewed and
approved by the city staff and implemented prior to final plat of the
development. Including this condition may result in the loss of one or more of
the proposed lots along the bypass.
Grading: The 8.8 acre site is relatively level however a significant amount of
excess dirt has been moved onto the site. As Figure 2 shows, the dirt mounds
are located throughout the site. The planning department requested more
information on what the developer has planned for the existing dirt piles on the
site. Sands Surveying sent an email on April l8th stating that the fill material
would be used on site.
The Kalispell Building Department has concerns with future housing being
placed on fill material which has not been properly compacted. Areas not
properly compacted can lead to foundation failures soon after construction on
top of the fill material. Therefore, the building department is recommending
that a geotechnical report be provided when site grading is complete showing
that the fill material has been properly compacted.
Figure 2. Looking south from the project site. The fill material shown in the
photo is in the area of lots 13 and 14.
°-
40
Mounds of dirt and/or fill
material that has been moved
to the site
On -site Improvements: The City of Kalispell has required past subdivisions to
complete a minimum of two-thirds of the necessary infrastructure (water,
sewer, roads, etc.) prior to filing the final plat. The city staff recommends this
condition on each plat to insure that, prior to issuing a building permit on a
new lot, there is access which meets the fire department's minimum standards
as well as adequate water and sewer services. In the past, the city has allowed
subdivisions to file a final plat and subsequent home construction to begin
prior to a majority of the infrastructure installed. Problems have occurred
when new homes were occupied and there was insufficient water for fire
suppression and/or sewer mains were not working properly. Therefore, in
order to mitigate these potential impacts to the public's health and safety, staff
is recommending a condition requiring a minimum of two-thirds of the
infrastructure be installed prior to final plat.
E. Effects on Wildlife and Wildlife Habitat: This area is highly urbanized with
little or no remaining wildlife habitat. There may be some migratory birds and
an occasional deer may visit the site, however, this area does not provide
significant habitat for wildlife due to the developed nature of the area.
9
C. Effects on the Natural Environment:
Surface and groundwater: This subdivision will be served by public water and
sewer thereby minimizing any potential impacts to the groundwater. As stated
previously, no portion of the site is within the 100 year floodplain as shown on
the (FIRM) panel # 1815.
A Depth to Water Table map dated March 13, 2006 indicates the water table is
between 10 to 20 feet below the surface throughout the project site. Due to the
water table depth, staff recommends that basements be prohibited as part of
plat approval. Information in the Depth to Water Table was provided by the
Flathead Lakers in consultation with the Flathead Lake Biological Station.
Drainage: This site is relatively level and does not pose any unusual challenges
to site drainage. Curbs and gutters will be installed along the streets
throughout the subdivision and storm water will be conveyed to the open areas
along the eastern and western boundaries of the subdivision. From these
open space areas, the water will be directed south where a stormwater drainage
pond is proposed. A condition of approval requires that a homeowners
association be created for the maintenance of the common area which includes
the stormwater drainage pond. As part of the maintenance of the common area
and stormwater pond the association would be required to mow the area to
reduce the fire hazard and reduce the spread of noxious weeds in accordance
with city codes.
The City of Kalispell recently adopted an ordinance to address erosion control
and stormwater pollution prevention. The new ordinance requires a developer
to obtain a city stormwater management permit and a State General
Construction Stormwater Discharge Permit Notice of Intent (NOI) and
Stormwater Pollution Prevention Plan (SWPPP) prior to any grading activities on
the site. These plans provide for managing stormwater on the site and include
stabilizing the construction site through an approved revegetation plan after
site grading is finished.
D. Effects on Local Services:
Water: Water service to the subdivision would be provided by the City of
Kalispell from an existing eight inch water main located on Pintail Drive that
the developer will be extending south into the subdivision. 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 an existing eight inch sanitary sewer main from Pintail Drive to the
subdivision. 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.
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There is an existing lift station located just north of proposed Lot 22. The
Public Works Department will require the developer to install fencing around
the lift station site. The planning department is recommending that
landscaping be installed in addition to the fencing along the street side of the
lift station site between the fencing and the future sidewalk along Pintail Court.
The purpose of the landscaping is to both screen the facility from the future
residents and better integrate the facility into the fabric of the neighborhood.
The landscaping should consist of bushes or shrubs which reach a height of 6
feet or higher.
Roads: Traffic projections for this subdivision are estimated to be
approximately 238 to 340 additional individual vehicle trips per day based on
the estimates of 7 - 10 vehicle trips per residence per day in the area onto
Merganser Drive and Airport Road. The subdivision main entrance road off of
Pintail Drive will extend Pintail Drive south approximately 600 feet. The new
interior roadways, Pintail Court, Mallard Court, and Mallard Drive, will be
constructed to city standards and would include curb, gutter, sidewalks and
landscape boulevards. The plans submitted with the application indicate the
developer is proposing four foot wide boulevards instead of the standard five
feet. A condition of approval will require the roads to be constructed to meet the
minimum design and construction standards, which include a five foot
boulevard.
Mallard Drive, located between lots 3A and 113, headed eastward shows a 10-
foot developers reserve easement on the preliminary plat. Sands Surveying
stated in a letter dated April 2, 2007 to the planning department that the 10-
foot easement will be subject to the terms of a "Late Comers Agreement" when
property immediately east of the project site develops. The Public Works
Department is recommending this easement not be included in the final plat
approval and the 60 foot road right-of-way be dedicated to the city up to the
eastern boundary of the subdivision. This has been recommended in other
subdivisions in the city and allows for better connectivity between existing
developments and future developments.
In addition, the Public Works Department is also recommending an additional
60-foot wide road right-of-way be dedicated as part of the final plat between lots
7A and 7B. The right-of-way would extend from the right-of-way along Pintail
Court east to the eastern boundary of the site. The purpose of this additional
right-of-way is to provide better future connectivity to lots east and south of the
project site. The location of the recommended 60 foot right-of-way would
provide access to Tract 2F as shown on the vicinity map on the preliminary
plat. The developer may anticipate a loss of these two lots.
Schools: This development is within the boundaries of Kalispell School District
#S. The school districts could anticipate an additional 17 school aged children
might be generated by the subdivision at full build out. This number takes into
account pre-school aged children, home school education options and private
school education options. Not all of the children who live in the subdivision will
be attending public schools. This subdivision would have a potentially
significant impact on the district, particularly on a cumulative level with this
subdivision in addition to other developments pending within the district.
I
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 with 34 lots on approximately 8.8 acres exceeds the 11,880 square
feet per dwelling unit and therefore falls under this parkland dedication
requirement. The parkland dedication requirement for the subdivision equals
1.02 acres.
The Kalispell Parks and Recreation Department is recommending the parkland
dedication be met by a cash in lieu payment. The money would be used for
improvements to existing parks and acquisition of new park land in the
immediate area. The proposed subdivision does provide 1.39 acres of open
space however the Parks and Recreation Department did not deem this open
space area as parkland pursuant to section 3.19 of the Kalispell Subdivision
Regulations.
Police: This subdivision would be in the jurisdiction of the City of Kalispell
Police Department once annexed to the city. The department can adequately
provide service to this subdivision, however the cumulative impacts of growth
within the city further strains the department's ability to continue to provide
the high level of service the department is committed to.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department once annexed to the city, and the subdivision will be required to
comply with the International Fire Code. The fire department is also
recommending that access to the subdivision and the hydrants are in place
prior to final plat approval and/or use of combustible materials in construction.
Solid Waste: Solid waste will be handled by a private contractor for at least the
first five years and taken to the Flathead County Landfill. There is sufficient
capacity within the landfill to accommodate this additional solid waste
generated from this subdivision.
Medical Services: Ambulance service is available from the fire department and
ALERT helicopter service. Kalispell Regional Medical Center is close, less than
three miles from the site.
E. Effects on Agriculture and agricultural water user facilities: The site is in
an urbanized area at the fringes of the city limits. There will be relatively no
impact on agricultural uses within the valley due to the surrounding residential
and industrial development of the area and the relatively small size of the
property. No impacts on agricultural water user facilities are anticipated since
this property will be served by a public water system.
F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Map
designates this area as Urban Residential development, which anticipates a mix of
primarily single family and duplex dwellings with a density of three to 12 dwelling
units per acre. The proposed subdivision has a density of 3.9 dwelling units per
acre. This density is in compliance with the anticipated density for this area.
12
G. Compliance with Zoning: This property has been proposed to be zoned R-4, a
Two Family Residential zoning district. The proposed lot sizes range from 4,910
square feet (a sublot) to 17,211 square feet. All of the proposed lots and sublots
shown on the preliminary plat meet or exceed the minimum lot standards for
the R-4 zoning district.
Several of the proposed sublots on the preliminary plat, such as lots lA and 1B
and 2A and 213, meet the minimum R-4 lots standards and could be considered
stand alone lots due to there individual size and lot width. The developer has
indicated that these are sublots which would allow for a single unit to be
constructed on each lot, one on lot lA and another unit on lot 1B, with the
units sharing a common wall. In order to avoid confusion as to whether these
lots are stand alone lots or, as shown on the preliminary plat, sublots, the
planning department is recommending a condition limiting the residential units
on all the sublots shown on the preliminary plat to townhouse units.
H. Compliance with the Kalispell Subdivision Regulations: This subdivision
complies with the Kalispell Subdivision Regulations and no variances have been
requested.
RECOMMENDATIONS
I. Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report KA-06-15 and recommend that initial zoning of
the 8.8 acre site be R-4 on the zoning district map for the property.
II. Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report KPP-06-16 as findings of fact and recommend to
the Kalispell City Council that the proposed subdivision, Ashley Park Phase 9,
be approved subject to the following conditions:
CONDITIONS OF APPROVAL
General Conditions:
That the development of the site shall be in substantial compliance with the
application submitted, materials and other specifications as well as any
additional conditions associated with the preliminary plat as approved by the
city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat)
2. The preliminary plat approval shall be valid for a period of three years from the
date of approval. (Kalispell Subdivision Regulations, Section 2.04).
3. Prior to any excavation or earthwork, a City Stormwater Management Permit
shall be approved and issued from the Kalispell Public Works Department. In
accordance with Ordinance 1600, the permit shall include a permit application,
site map, narrative describing the best management practices to be used and a
completed checklist. In addition to the City Stormwater Management Permit
the developer shall submit a copy of the State General Construction Stormwater
Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention
13
Plan (SWPPP). At the time of final plat, the project engineer shall certify that the
development is in compliance with the approved City Stormwater Management
Permit. (Ordinance 1600 and Findings of Fact Section C)
Prior to final plat:
4. A noise study shall be completed prior to the final plat approval. The noise
study shall show how a noise level of 60 dBA at the western property boundary
of the subdivision can be achieved. The proposed mitigation measures
contained in the noise study shall be reviewed and approved by city staff and
implemented prior to final plat approval.
Note: This condition may result in the loss of one or more of the proposed lots
shown on the preliminary plat. Reasonable bike and pedestrian access shall be
provided from the subdivision site to the bike path located along the future
highway bypass. (Findings of Fact Section A)
5. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards and shall be certified in
writing by an engineer licensed in the State of Montana. All design work shall
be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infrastructure shall include but not be limited to
streets, street lighting, street signage, curb, gutter, boulevard and sidewalks.
(Kalispell Design and Construction Standards, project proposal)
6. Water and sewer main extensions shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction
and Montana Public Works Standards. The water and sewer main extension
plans shall be reviewed and approved by the Kalispell Public Works
Department. Prior to final plat, a certification shall be submitted to the Public
Works Department stating that the water and sewer mains have been built as
designed and approved. (Kalispell Design and Construction Standards)
7. The developer, shall submit to the Kalispell Public Works Department for review
and approval, a stormwater report and an engineered drainage plan that meets
the requirements of the current City standards for design and construction.
Prior to final plat, a certification shall be submitted to the Public Works
Department stating that the drainage plan for the subdivision has been
installed as designed and approved. (Kalispell Design and Construction
Standards)
8. A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or a
proper bond has been accepted for unfinished work. (Kalispell Design and
Construction Standards)
9. Mallard Drive shall be improved as follows:
a. A 60-foot wide public road and utility easement shall be shown on the final
plat and extend to the eastern boundary of the subdivision.
14
b. New infrastructure including but not be limited to streets, street lighting,
street signage, curb, gutter, boulevard and sidewalks shall be installed to
the eastern boundary of the subdivision.
c. The 10-foot developers latecomers reserve easement shall be removed.
(Findings of Fact Section D)
10. An additional 60-foot wide public road and utility easement shall be dedicated
to the City of Kalispell from the edge of the road right-of-way for Pintail Court
east to the eastern boundary of the subdivision site. The 60-foot wide public
road and utility easement shall be located in the area of lots 7A, 713, and 8A as
shown on the preliminary plat. (Findings of Fact Section D)
11. The following requirements shall be met per the Kalispell Fire Department and
so certified in writing by the Fire Department: (Kalispell Subdivision
Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per
City specifications at approved locations. Minimum fire flows shall be in
accordance with International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International
Fire Code (2003) Chapter 5.
d. It shall be noted on the face of the plat that hazardous weed abatement shall
be provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the
road as "no parking fire lane."
12. A letter shall be obtained from the Kalispell Parks and Recreation Director
approving a landscape plan for the placement of trees and landscaping
materials within the landscape boulevards of the streets serving the
subdivision. The approved landscape plan shall be implemented or a cash in
lieu payment for installation of the street trees and groundcover provided to the
Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations,
Section 3.11)
13. A bike/pedestrian path easement, 12-feet wide, shall be shown on the final plat
in the area of lots 17 and 18 and 10A and lOB.
a. A bike/pedestrian path shall be constructed from the edge of the
sidewalks along Pintail Court and Mallard Court and extend west to the
western boundary of the subdivision.
b. The bike/pedestrian path shall be a minimum width of 10 feet.
C. The 10-foot bike/pedestrian path shall be included in the infrastructure
plans reviewed by the Public Works Department. (Findings of Fact
Section A)
15
14. The parkland dedication requirements shall be met with the payment of cash in
lieu of parkland equal to 1.02 acres of land. The payment shall be based on the
fair market value of undivided, unimproved land. (Kalispell Subdivision
Regulations, Section 3.19 and Findings of Fact Section D).
15. The road within the subdivision shall be named and signed in accordance with
the policies of the Kalispell Public Works Department and the Uniform Traffic
Control Devices Manual and be subject to review and approval of the Kalispell
Fire Department. A letter shall be obtained from the Kalispell Public Works
Department stating the naming and addressing on the final plat have been
reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09)
16. All existing and proposed easements shall be indicated on the face of the final
plat. Utility easements for City water and sewer shall be provided to allow for the
logical extension of utilities from this subdivision to adjoining properties. A letter
from the Kalispell Public Works Department shall be obtained stating that the
required easements are being shown on the final plat. (Kalispell Subdivision
Regulations, Section 3.18)
17. Prior to filing the final plat a letter from the US Postal Service shall be included
stating the Service has reviewed and approved the design and location of the
mail delivery site. The mail delivery site shall be installed or bonded for prior to
final plat. In addition, the mail delivery site and improvements shall also be
included in the preliminary and final engineering plans to be reviewed by the
Public Works Department. The mail delivery site shall not impact a sidewalk or
proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22)
18. 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))
19. A geotechnical report shall be provided to the building department at the end of
the site grading showing the areas where fill material has been utilized and
have been properly compacted. (Findings of Fact Section A)
20. A note shall be placed on the final plat prohibiting the installation of basements
within the subdivision. (Findings of Fact Section C)
21. The following statement shall appear on the final plat: "The undersigned hereby
grants unto each and every person, firm or corporation, whether public or private,
providing or offering to provide telephone, telegraph, electric power, gas, cable
television, water or sewer service to the public, the right to the joint use of an
easement for the construction, maintenance, repair, and removal of their lines
and other facilities, in, over, under, and across each area designated on this plat
as "Utility Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
22. A homeowners association for the subdivision shall be created that includes a
16
provision for the maintenance of the bike paths, stormwater pond, and the open
space areas within the subdivision. The maintenance provisions in the
homeowners association shall include mowing or trimming the grasses within
the common area to reduce the fire hazard and spread of noxius weeds.
(Findings of Fact Sections A and C)
23. The developer shall install landscaping along the east side of the utility site
shown on the preliminary plat. The landscaping shall be installed between the
sidewalk and security fencing for the site. The landscaping shall consist of
bushes or shrubs with a minimum mature height of 6 feet. The landscaping
plan shall be reviewed and approved by the Kalispell Parks and Recreation
Department and Kalispell Planning Department. (Findings of Fact Section D)
24. That a minimum of two-thirds of the necessary infrastructure for this
subdivision shall be completed prior to final plat approval. (Findings of Fact
Section A)
On going conditions:
25. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
26. All areas disturbed during development shall be re -vegetated with a weed -free
mix immediately after development.
27. All sublots shown the final plat shall be restricted to townhouse development.
(Findings of Fact Section G)
17
y t
Cityof Kalispell,,,,
p
A t�., 0 2 2007
Planning Department
KALISPELL PLANI",1I G DEPARTMENT
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION
FEE SCHEDULE: FEE ATTACHED 4320.00
Major Subdivision (6 or more lots)
$750 + $105/lot
Mobile Home Parks & Campgrounds (6 or more spaces)
$750 + $100 / space
Amended Preliminary Plat
Amendment to Conditions Only
$350 base fee
Re -configured Proposed Lots
Base fee + $40/lot
Add Additional Lots or Sublots
Base fee + $100 / lot
Subdivision Variance
$100 (per variance)
Commercial and Industrial Subdivision
Add $200 to base
preliminary plat fee
SUBDIVISION NAME: ASHLEY PARK, PHASE 9
OWNER(S) OF RECORD:
Name SOMERS LAND LLC Phone 257-6202
Mailing Address 1995 THIRD AVE EAST
City KALISPELL State MT Zip 59901
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
Name & Address SANDS SURVEYING. 2 VILLAGE LOOP, KALISPELL
Name & Address CARVER ENGINEERING, 1995 THIRD AVE E., KALISPELL
LEGAL DESCRIPTION OF PROPERTY:
Property Address THIS IS NOT ADDRESSED AT THIS TIME
Assessor's Tract No(s) A PORTION OF TRACT 4
1/4 Sec SW Y4. SE1/4 Section 19 Township 28N Range 21W
GENERAL DESCRIPTION OF SUBDIVISION:
Number of Lots or Rental Spaces 34 Total Acreage in Subdivision 8.818
Total Acreage in Lots 5.657 Minimum Size of Lots or Spaces 4,910 SO/FT
Total Acreage in Streets or Roads 1.699 Maximum Size of Lots or Spaces 17.211
SO/
Total Acreage in Parks, Open Spaces and/or Common Areas 1.391 ACRES
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family 10 Townhouse 24 Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial
Industrial
Condominium Multi -Family
Planned Unit Development
Other
APPLICABLE ZONING DESIGNATION & DISTRICT CITY R-4
ESTIMATE OF B ARIM VALUE BEFORE IMPROVEMENTS
IMPROVEMENTS TO BE PROVIDED:
Roads: Gravel XX Paved XX Curb XX Gutter _Sidewalks Alleys
Other
Water System: Individual Multiple User Neighborhood XX Public Other
Sewer System: Individual Multiple User Neighborhood Imo_ Public Other
Other Utilities: Cable TV J_Telephone XX Electric --XX^Gas
Solid Waste: Home Pick Up Central Storage Contract Hauler XX_Owner Haul
Mail Delivery: Central ��Individual School District: KALISPELL
Fire Protection: Hydrants Tanker Recharge Fire District; KALISPELL
Drainage System: SEE ATTACHED DRAINAGE PLAN
PROPOSED EROSION/SEDIMENTATION CONTROL: SEE ATTACHED
DRAINAGE PLAN
VARIANCES: ARE ANY VARIANCES REQUESTED? NO (yes/no) If yes,
please complete the information below:
SECTION OF REGULATIONS CREATING HARDSHIP:
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE
WITH REGULATIONS
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE
REGULATIONS:
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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?
2. Will the variance cause a substantial increase in public costs?
3. Will the variance affect, in any manner, the provisions of any adopted zoning
regulations, Master Plan or Growth Policy?
4. Are there special circumstances related to the physical characteristics of the site
(topography, shape, etc.) that create the hardship?
5. What other conditions are unique to this property that create the need for a
variance?
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APPLICATION CONTENTS:
The subdivider shall submit a complete application addressing items below to the
Kalispell Planning Department at least thirty five (35) days prior to the date of the
Planning Board meeting at which it will be heard.
1. Preliminary plat application.
2. 10 copies of the preliminary plat.
3. One reproducible set of supplemental information. (See Appendix A of
Subdivision Regulations for the city where the subdivision is proposed.)
4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size.
5. Application fee.
6. Adjoining Property Owners List (see example below and attached notice
from County Plat Room):
Assessor# Sec-Tan-Rnt Lot/Tract No Proverts Owner & Mailing Address
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be untrue, I understand that any
approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be
present on the property for routine monitoring and inspection during the approval and
development process.
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