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Staff Report/Preliminary PlatCity of Kalispell Planning Department 17 - 2" d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1.850 Fax: (406) 751-1.858 Website: kalispell.planning.corn REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT: Preliminary Plat request for Cedar Commons MEETING DATE: July 27, 2006 BACKGROUND: The Kalispell City Planning Board met on July 11, 2006 and held a public hearing to consider a request from Beargrass Holdings, LLP, to create six sublots ranging in size from 2,163 square feet to 4,865 square feet and one common area lot of 19,886 square feet. The owner is proposing to construct fourplexes on each of the proposed sublots with the common area lot providing the access and parking for each of the fourplexes. The property is located on the east side of Third Avenue East, approximately 350 feet south of the intersection of Third Avenue East and 14th Street East, across from the Outlaw Inn. The properties proposed to be resubdivided are described as Lot A of the amended plat of lots 1, 2, 3 and 4 of Block 1, Ryker Addition to Kalispell and lots 5, 6 and 7 and the abandoned alley of Block 1, Ryker Addition to Kalispell. The property is located in the SW 1/4 of Section 17, Township 28 North, Range 21 West. Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-06-5 and recommended the Planning Board consider recommending approval of the preliminary plat subject to 12 conditions. At the public hearing Jim Burton from Jackola Engineering spoke in favor of the subdivision as well as Jeff Goodreau and Gerald Bile from Schwarz Engineering. One person spoke about concerns regarding the possible continuation of 41n Avenue East due to this project. However, it was pointed out that this project will not connect in any way to 4tn Avenue East. In addition, staff summarized a letter submitted to the planning department with concerns of impacts to a neighboring well and possible intrusion of ground water in a nearby house basement. Mr. Goodreau and Mr. Bile addressed the issues brought up in the letter for the board. A copy of this letter is attached. After the public hearing the board discussed the issues raised and a motion was made to recommend approval of the preliminary plat to the Kalispell City Council subject to the 12 conditions listed in the staff report. The motion passed unanimously. REC©NMIENDATION: A motion to approve the preliminary plat with the 12 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. Respectfully7sitted, ......... Sean Conrad James H. Patrick Senior Planner City Manager Report compiled: July 27, 2006 Attachments: Transmittal letter Exhibit A (conditions) Staff report #KPP-06-5 and application materials Minutes 7/ 11 /06 planning board meeting c: Theresa White, Kalispell City Clerk RESOLUTION NO.5130 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF CEDAR COMMONS, MORE PARTICULARLY DESCRIBED AS LOT A OF THE AMENDED PLAT OF LOTS 1, 2, 3, AND 4 OF BLOCK 1, RYKER ADDITION TO KALISPELL AND LOTS 5, 6 AND 7 AND THE ABANDONED ALLEY OF BLOCK 1, RYKER ADDITION TO KALISPELL, LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Beargrass Holdings, LLP, the owner of the certain real property described above, have petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on July 11, 2006 on the proposal and reviewed Subdivision Report #KPP-06-5 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Cedar Commons subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of August 7, 2006, reviewed the Kalispell Planning Department Report #KPP-06-5, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-06-5 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Beargrass Holdings, LLP for approval of the Preliminary Plat of Cedar Commons, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the preliminary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. The project site's frontage along Third Avenue East shall be improved in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalk and shall be installed along Third Avenue East. New infrastructure along Third Avenue East shall tie into the existing street infrastructure. (Kalispell Design and Construction Standards) 3. The developer shall submit to the Kalispell Public Works Department an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the improvements have been built as designed and approved. (Kalispell Design and Construction Standards) 4. The developer shall submit to the Kalispell Public Works Department an erosion/sediment control plan for review and approval. Prior to final plat, the approved plan shall be implemented. (Kalispell Design and Construction Standards) A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell. (Kalispell Design and Construction Standards) 6. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code (2003). 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). 7. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 8. A homeowners association shall be established for the maintenance of the landscaping in the boulevard along Third Avenue East and the common area, including but not limited to, the stormwater surge tanks, landscaping, parking lot and sidewalks. (Findings of Fact, Section D) 4. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 10. Prior to filing the final plat a letter from the U.S. Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the plans to be reviewed by the Public Works Department. (Kalispell Subdivision Regulations, Section. 3.22). 11. Cross easements shall be recorded on the common area lot for ingress/egress and parking for each of the six sublots and to allow future connections to parking lots or drive aisles to the property immediately south. 12 . That preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04) SECTION III[. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF AUGUST, 2006. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk City of Kalispell Planning Department 17 - 2d Street East, Suite 211, Kalispell, Montana 5990.1 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com July 27, 2006 James 1 . Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Preliminary Plat request for Cedar Commons Dear Jim: The Kalispell City Planning Board met on July 11, 2006 and held a public hearing to consider a request from Beargrass Holdings, LLP, to create six sublots ranging in size from 2,163 square feet to 4,865 square feet and one common area lot of 19,886 square feet. The owner is proposing to construct fourplexes on each of the proposed sublots with the common area lot providing the access and parking for each of the fourplexes. The property is located on the east side of Third Avenue East, approximately 350 feet south of the intersection of Third Avenue East and 14th Street East, across from the Outlaw Inn. The properties proposed to be resubdivided are described as Lot A of the amended plat of lots 1, 2, 3 and 4 of Block 1, Ryker Addition to Kalispell and lots 5, 6 and 7 and the abandoned alley of Block 1, Ryker Addition to Kalispell. The property is located in the SW 1/4 of Section 17, Township 28 North, Range 21 West. Sean Conrad of the Kalispell Planning Departrnent, presented staff report #KPP-06-5 and recommended the Planning Board consider recommending approval of the preliminary plat subject to 6 conditions. At the public hearing Jim Burton from Jackola Engineering spoke in favor of the subdivision as well as Jeff Goodreau and Gerald Bile from Schwarz Engineering. One person spoke about concerns regarding the possible continuation of 4th Avenue East due to this project. However, it was pointed out that this project will not connect in any way to 4th Avenue East. In addition, staff summarized a letter submitted to the planning department with concerns of impacts to a neighboring well and possible intrusion of ground water in a nearby house basement. Mr. Goodreau and Mr. Bile addressed the issues brought up in the letter for the board. A copy of this letter is attached. After the public hearing the board discussed the issues raised and a motion was made to recommend approval of the preliminary plat to the Kalispell City Council subject to the 12 conditions listed in the staff report. The motion passed unanimously. Please schedule this matter for the August 7, 2006 regular Kalispell City Council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Timothy Norton President Attachments: Exhibit A Staff report #KPP-06-5 and application materials Minutes 7/ 11/06 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Beargrass Holdings, LLP, P.O. Box 7505, Kalispell, MT 59904 Jackola Engineering, P.O. Box 1134, Kalispell, MT 59903 EXHIBIT A CEDAR COMMONS PLAT CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD JULY 11, 2006 The Kalispell City Planning Board recommends to the Kalispell City Council that the preliminary plat be approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the preliminary plat. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. The project site's frontage along Third Avenue East shall be improved in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalk and shall be installed along Third Avenue East. New infrastructure along Third Avenue East shall tie into the existing street infrastructure. (Kalispell Design and Construction Standards) 3. The developer shall submit to the Kalispell Public Works Department an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the improvements have been built as designed and approved. (Kalispell Design and Construction Standards) 4. The developer shall submit to the Kalispell Public Works Department an erosion/sediment control plan for review and approval. Prior to final plat, the approved plan shall be implemented. (Kalispell Design and Construction Standards) 5. A letter from. the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell. (Kalispell Design and Construction Standards) 6. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code (2003). 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). 7. All utilities shall be installed underground. (Kalispell Subdivision. Regulations, Section 3.17) . S. A homeowners association shall be established for the maintenance of the landscaping in the boulevard along Third Avenue East and the common area, including but not limited to, the stormwater surge tanks, landscaping, parking lot and sidewalks. (Findings of Fact, Section D) 9. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 10. Prior to filing the final plat a letter from the U.S. Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the plans to be reviewed by the Public Works Department. (Kalispell Subdivision Regulations, Section 3.22). 11. Cross easements shall be recorded on the common area lot for ingress/egress and parking for each of the six sublots and to allow future connections to parking lots or drive aisles to the property immediately south. 12 . That preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04) R. Terrence Hilly Arrornty at LBO+ t 28 First Awnue W ssr P.O. Box 197 &6pe11, MT 599o3 406-756-977-5 Fax:4o6-756-9775 Email: rarryh 116a6autmonsana.ner July 10. 2006 Kalispell Planning Department 17 Second Street East Suite 211 Kalispell, MT 59901 Re: Proposed Cedar Commaim development To Whom It May Concern: I am writing on behalf of my mother, Mrs. Edythe Hill, 1428 0 Ave. S., Kalispell, Montana with regard to the proposed Cedar Commons develWmont adjacent to Third Avenue East in Kalispell. As T read the plat trap, the proposed development is at the south end of the currently vacant parcel, the north end of wluo#r is approximately two city lots from my moher's Dome. My mother's concern is with the high water table which we know to exist on the location of the proposed development. Historically, that entire vacant area, [bounded on the west by Third Avenue Ras€, on the north by homes located within 300 feet south of 10 Street East, on the south by the old cement plant (and now by the commercial development which took its place) and on the east by the rear boundaries ofthe homes on the west silo of Fift Avenue East] was classic wetlands. I can personally attest that until approximately 20 to 25 years ago, cat tail vegetation and standing water lay along the entire length of the property next to Third Avenue, and during almost all of the year water stood in the entire vacant field up to ankle depth. This only changed when the: owner at the time allowed the Outlaw Inn to place fill in the area. At that time, the owner of 1444 0' Ave. E. objected because his high water table problem became much worse when the wetlands were filed. Thereupon the fill was stopped, but what was already placed there was not removed to my knowledge. In addition, I am told that the Outlaw Inn runs sump pumps constantly, slue w the high water table where it is located. I recall that at the time, my parents and their neighbors' concern was that while the fill was stopped then, that there would be no institutional memory either of the problem or of the historical features of the land, which would lead to further problems in the future. That prediction appears to be coming true. It is likely that no one alive knows the area of this proposed development better than my mother. As otic can see from the plat map, the area is known as the Ryker addition. The addition was named for my mother's father, Elmer Ryker. My mother and her family have lived in this neighborhood since the 1938s. T spoke with a representative of your department last week, who in turn corresponded with the Department of Public Works. He then shared his information with me via email. The email assured me that storm water runoff was being addressed, and that certain requirements have been set in that regard. It is also clear from the email that my mother's primary concern is not being addressed at all. That concern is that the high groundwater may be impacted and made worse if the development of the subject property is too high -impact. Specifically, my mother is concerned that she may develop groundwater intrusion into her basement (which in some 55 gears she has never had) and especially that her well water may be affected. My father built my mother's home at 1428 4th Ave. E. in 1952, He intentionally moved earth in such a fashion that the basement is as high as possible. That was done because of the high groundwater problem. My parents lived previously at 1444 41 Ave. E. {directly north of the subject property} and that parcel, due to the proximity to the wctlands, had to use a sump pump which ran almost continuously year round. Although their new home was only 1/2 block from the city limits at the time, and although other homes in the same block had city water, my parents were not allowed access to city water and had to drill a well. My mother still obtains her water ftm that well, and at age 79, does not wish to incur the expense of connecting to city water at this time. My mother's hope is that before authorizing a development of the nature and size of the proposed development, someone will consider the potential impact to the existing property owners, as well as to that of the subsequent owners of the development. To even a casual observer, it seams illogical that such a large parcel of land .has Myer been developed. The answer is that the land was not suitable for development. As current homeowners in the subdivisions near Ashley Creek south of town can attest, high groundwater is sometimes ignored in the rush to subdivide and develop, creating serious problems which, although unforeseen at the time of building, could have been foreseen with reasonable diligence. All my mother asks is that the issue be addressed seriously. She would hope dmt qualified engineers capable of honestly assessing the impaA and who are aware of the historical condition of the property, the amount and type of fill, and any other pertinent information make an assessment which will predict to the best of their ability any impact on current property owners, or to the proposed development itself, Thank you for your time and attention. ncere�,,,,,_ R. Terrence (Terry) Hill Attorney at Law RTR4j CEDAR COMMONS SUBDIVISION KALISPELL PLANNING DEPARTMENT STAFF REPORT #KPP-06-5 JUNE 21, 2006 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for preliminary plat approval to reconfigure seven existing lots to create six sublots and one common area lot within a platted subdivision. A public hearing on this proposal has been scheduled before the planning board for July 11, 2006 in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. BACKGROUND A. Applicants / Owners : Technical Assistance: Beargrass Holdings, LLP P.O. Box 7505 Kalispell, MT 59904 Jackola Engineering P.O. Box 1134 Kalispell, MT 59903 (406) 755-3208 B. Nature of Application: A request from Beargrass Holdings, LLP, to create six sublots ranging in size from 2,163 square feet to 4,865 square feet and one common area lot of 19,886 square feet. The owner is proposing to construct fourplexes on each of the proposed sublots with the common area lot providing the access and parking for each of the fourplexes. C. Location: The property is located on the east side of Third Avenue East, approximately 350 feet south of the intersection of Third Avenue East and 14th Street East, across from the Outlaw Inn. The properties proposed to be resubdivided are described as Lot A of the amended plat of lots 1, 2, 3 and 4 of Block 1, Ryker Addition to Kalispell and lots 5, 6 and 7 and the abandoned alley of Block 1, Ryker Addition to Kalispell. The property is located in the SW 1/4 of Section 17, Township 28 North, Range 21 West. The project site is the vacant field in the background. The parking lot for the Willows apartments is to the left of the site. U. Size: Total Area: Total Area in Lots: Minimum Lot Size: Maximum Lot Size: 1.01 acres 21,814 square feet 2,163 square feet 4,865 square feet E. Existing Land Use: The property is currently unimproved. F. Adjacent Land Uses and Zoning: The area acts as a transition from the established single-family neighborhoods on the east side of Kalispell to the commercial business along Highway 93 and the southern end of Third Avenue East. Immediately north of the project site are the Willows apartments and single-family residences. To the east are single family residences, the Outlaw Inn is located immediately west across Third Avenue East and south of the project site are mini storage units and Western Building Supply. North: Residential apartments and single-family houses; City B-2 and RA- N zoning East: Residential; City RA-1 zoning. South: Commercial; City B-2 zoning West: Commercial; City B-2 zoning G. Zoning: The property is zoned B-2, General Business, requiring a minimum lot size of 7,000 square feet for a parent tract and allows the creation of sublots with a minimum lot size requirement of 2,000 square feet for each sublot. Although the property is zoned B-2, the B-2 zoning district permits a variety of uses including multi -family dwellings. As stated previously, the owner intends to create the sublots to construct multi -family (fourplex) housing units on each of 2 the sublots. H. Utilities: The following utilities would be available to the proposed sublots: Water: City of Kalispell Sewer: City of Kalispell Solid Waste: City of Kalispell Gas: NorthWestern Energy Company Electricity: Flathead Electric Coop (underground) Telephone: CenturyTel (underground) Fire: City of Kalispell Schools: School District #5, Kalispell Police: City of Kalispell REVIEW AND FINDINGS OF FACT This application is reviewed as a major subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: This subdivision is in the service area of the Kalispell Fire Department. The multi -family homes in the subdivision will be constructed in accordance with the Uniform Fire Code and inspected by the Kalispell Building Department. There are no topographical features associated with the property which would put it at risk. There are existing hydrants in place along Third Avenue East and the fire department will require hydrants to be placed on the common area lot to provide for additional fire suppression within the subdivision. Flooding: According to FIRM Panel #0005C 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: The sublots will be provided access to Third Avenue East via a parking lot located within the proposed common area lot. The parking lot will provide the on -site parking for each of the 24 dwellings units proposed on the overall site. As a recommended condition of approval the owner will be required to record cross easements on the common area lot for ingress/egress and parking for each of the six proposed sublots. During review of the proposed subdivision the Kalispell Police Department and Agency on Aging representative requested some type of looped access back onto Third Avenue East. The proposed common area parking layout would provide parking spaces between sublots 3 and 4. The City's Site Review Committee recommended that the common area parking between these two sublots allow for the potential future connection to development on the south side of the project. The intent is to eventually create a loop access through the proposed subdivision common area to future land uses to the south. By creating a loop access the police, fire and Eagle Transit buses would have an easier time 3 providing services to residents within the proposed subdivision. B. Effects on Wildlife and Wildlife Habitat: This area is highly urbanized with little or no remaining wildlife habitat. There may be some migratory birds however, this area does not provide significant habitat for wildlife due to the developed nature of the area. C. Effects on the Natural Environment: Surface and groundwater: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. No surface water is in close enough proximity to the site to create concerns with regard to this development. Drainage: A stormwater management plan will have to be developed to address the runoff from the site. There is a city storm drain system along Third Avenue East. The developer has proposed to tie into this system as well as utilizing stormwater surge tanks located between the sidewalk along Third Avenue East and sublot 1. The developer will need to submit an engineered drainage plan to the Kalispell Public Works Department for review prior to construction. The drainage plan will, have to comply with the City of Kalispell's standards and State standards and will be required to be designed by a professional engineer. In addition, a homeowners association will need to be established to maintain the stormwater surge tanks located within the common area because the city will not maintain them. D. Effects on Local Services: Water and Sewer: Water and sewer service will be provided by the City of Kalispell. Currently a water main lies to the west of the proposed subdivision within the right of way of Third Avenue East. The sewer main will be extended from the apartment complex immediately north of the subdivision to service the sublots. Roads: The project site is located off of Third Avenue East, a city maintained roadway. The majority of Third Avenue East, from Center Street south to the project site, is improved with curb, gutters, boulevard and sidewalks. However, the project site's 132 feet of frontage along Third Avenue East is unimproved with respect to curb, gutter, boulevard and sidewalks at this time. Therefore, the owner will be required to improve the project site's frontage on Third Avenue East to current city street design standards. A homeowners association will also need to be established to maintain the common elements within the subdivision. These include but are not limited to the landscaping in the boulevard, landscaping around each of the sublots and common area parking lot, the sidewalks within the common area and for maintenance of the parking lot. Schools: This development is within the boundaries of School. District #S, Kalispell. The school district could anticipate that an additional 12 school aged M children might be generated into the district at full build out. This number is used because it takes into account pre-school aged children, home school education options and the private school education option. Not all of the children who live in the subdivision will be attending public schools. This would have a potentially significant impact on the district, particularly on a cumulative level with other developments pending within the district - both urban and rural particularly with high school -aged students. Parks and Open Space: No park dedication or open space is required for the proposed subdivision pursuant to Section 3.19.8 of the subdivision regulations because the developer is not creating any new lots. Police: This subdivision is in the jurisdiction of the City of Kalispell Police Department. The department responded by stating that they can adequately provide service to this subdivision. Fire Protection: Fire protection would be provided by the Kalispell Fire Department. The fire risk is low because of good access and existing hydrants along the road searing the subdivision. Solid Waste: Solid waste will be handled by the City of Kalispell. Solid waste will be taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate the 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 by and less than three miles from the site. Mail Service: The owner will need to provide an appropriate area along Third Avenue East for mail delivery. The mail delivery site will need to be approved by the U.S. Postal Service and installed or bonded for prior to filing the final plat. E. Effects on Agriculture and Agricultural Water User Facilities: The site is in an urbanized area of the city. There will be relatively no impact on agricultural uses within the Valley and no impact on agricultural water user facilities since this property will be served by a public water system. F. Relation to Kalispell Growth Policy: The Kalispell Growth Policy Map designates this property as High Density Residential development, which anticipates a mix of single family and multi -family dwellings with a density of eight to 40 dwelling units per acre. The density for the proposed subdivision is in compliance with the anticipated density for this area. G. Compliance with Zoning: The B-2 zoning district permits multi -family dwellings as well as sublots. The proposed sublots and common area comply with the Kalispell Zoning Ordinance. 5 H. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the State and local subdivision regulations and no variances have been requested. RECOMMENDATION Staff recommends that the Kalispell Planning Board adopt staff report #KPP-06-5 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of Cedar Commons be approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the preliminary plat. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. The project site's frontage along Third Avenue East shall be improved in accordance with the. City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kahspefl Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalk and shall be installed along Third Avenue East. New infrastructure along Third Avenue East shall tie into the existing street infrastructure. (Kalispell Design and Construction Standards) 3. The developer shall submit to the Kalispell Public Works Department an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the improvements have been built as designed and approved. (Kalispell Design and Construction Standards) 4. The developer shall submit to the Kalispell Public Works Department an erosion/sediment control plan for review and approval. Prior to final plat, the approved plan shall be implemented. (Kalispell Design and Construction Standards) 5. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell. (Kalispell Design and Construction Standards) 6. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code (2003). 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). 101 7. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 8. A homeowners association shall be established for the maintenance of the landscaping in the boulevard along Third Avenue East and the common area, including but not limited to, the stormwater surge tanks, landscaping, parking lot and sidewalks. (Findings of Fact, Section D) 9. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 10. Prior to filing the final plat a letter from the U.S. Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the plans to be reviewed by the Public Works Department. (Kalispell Subdivision. Regulations, Section 3.22). 11. Cross easements shall be recorded on the common area lot for ingress/egress and parking for each of the six sublots and to allow future connections to parking lots or drive aisles to the property immediately south. 12 . That preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04) 7 City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION FEE SCHEDULE: FEE ATTACHED 1 350.00 Major Subdivision (6 or more lots) $750 + $100/lot Mobile Home Parks & Campgrounds (6 or more spaces) $750 + $100/space Amended Preliminary Plat Amendment to Conditions Only Re -configured Proposed Lots Add Additional Lots or Sublots Subdivision Variance Commercial and Industrial Subdivision SUBDIVISION NAME: CEDAR COMMONS OWNERS) OF RECORD: $350 base fee Base fee + $40 / lot Base fee + $100/lot $100 (per variance) Add $200 to base preliminary plat fee Name Bearrass Holdin s, LLP Phone 752-5250 Mailing Address P.O. Box 7505 City Kali- ell State Montana Zip 59903 TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc(: Name & Address Jackola Enaineering P.O. Box 1134 Kalispell, MT. 59903 Name 8& Address Name 8s Address LEGAL DESCRIPTION OF PROPERTY: Property Address Assessor's Tract No(s) 0520350, 0520300 Lot No(s) 1 2 3 4, 5, 6 8s 7 & Alley Block 1 R ker Addition 1/4 Sec SE I/4,SW 1/4 Section 17 Township 28N Range 21W GENERAL DESCRIPTION OF SUBDIVISION: �,. Number of Lots or Rental Spaces 28 otal Acreage in Subdivision 1.010 Acres Total Acreage in Lots 0.316 Acres Minimum Size of Lots or Spaces 2,163 s.f. Total Acreage in Streets or Roads 0.0 Maximum Size of Lots or Spaces 2,521 s.f. Total Acreage in Parks, Open Spaces and/or Common Areas 30,200.7 s.f. PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family Townhouse Mobile Home Park Duplex Apartment 28 Recreational Vehicle Park Commercial. Industrial Planned Unit Development Condominium Multi -Family Other APPLICABLE ZONING DESIGNATION & DISTRICT _City of Kalispell B-2 ^ ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS $150,000 IMPROVEMENTS TO BE PROVIDED: Roads: Gravel Paved X Curb X—Gutter _X_Sidewalks Alleys Other Water System: Individual Multiple User Neighborhood Public X Other Sewer System: Individual Multiple User Neighborhood Public X Other Other Utilities: Cable TV X_. Telephone X Electric X Gas T Other Solid Waste: Horne Pick Up X Central Storage Contract Hauler Owner Haul Mail Delivery: Central X Individual School District: K-5 Kalispell Fire Protection: Hydrants X Tanker Recharge Fire District: Citv of Kalispell Drainage System: _ _ Onsite retention - See Engineered Plans PROPOSED EROSION/SEDIMENTATION CONTROL: 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: ............................................... X 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 Plaza. or Growth Policy? 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? 5. What other conditions are unique to this property that create the need for a variance? 3 APPLICATION CONTENTS: The subdivider shall submit a complete application addressing items below to the Kalispell Planning Department at least thirty five (35) days prior to the date of the Planning Board meeting at which it will be heard. 1. Preliminary plat application. 2. 10 copies of the preliminary plat. 3. One reproducible set of supplemental information. (See Appendix A of Subdivision Regulations for the city where the subdivision is proposed.) 4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size. 5. Application fee. 6. Adjoining Property Owners List (see example below and attached notice from County Plat Room): Assessor# Sec-Twn-Rng Lot/Tract No Property Owner & Mailing Address l 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, 1 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. BEARGRASS HOLDINGS, LLP (Applicant) 11 _S_l -z- -3 (Date) eAST 7 4 W 14 a STRE 1.00 JtrIo r •r, (FAA WMK AN A MMPM Rl iGIP( PC rie NO AvsMX GSr Am ilCGK Sow NN raer Actau x3r x4L6r .F rR 59rA .p�-rse-axe AOFNMMP rqr xxs a mwY CF mum BFAMGMMU J"VWrA Lt • r r.�- r► s . . •s COS 14878 y yh, 44:ti u 77 COMII�EW *REA (j �a � C 8 C1r k LOT 4 4v Aa?$ 3J. LOT 91� E LOT 2 1 i i LOT i Wolf. 7 i ,.or warl a G.GS 2123 S BDIViSMN PLAT OF Lor 6 Ojai IF, LOT 5 4 ML4 IF m ON _slubiecc !G 5-22y� - 5 X E A Q r�Y 'wlkvA ows 5M'l 5P 5P 5N 5N 5 WIN 7-7 OwSTAI .. it ti 5S .. ........ . 5-27 VICINITY MAP SCALE 1" - 200' BEARGRASS HOLDINGS, LLP PRELIMINARY PLAT - CEDAR COMMONS A 6 LOT MULTI -FAMILY (28 UNITS) RESIDENTIAL SUBDIVISION ON 1.01 ACRES IN THE B-2 (GENERAL BUSINESS) DISTRICT PIDT DATE 5/26/06 FILE KPP-06-05 H:\gi9\site\kppO6—O5.dwg City of Kalispell Planning Department 17 -2"' Street East, Suite 211, Kalispell, Montana. 59901 MEMORANDUM TO: Kalispell City Staff Other Interested Parties Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispeilplanning.cocn FROM: Sean. Conrad, Senior Planner RE: June 15e1 Site Review Committee meeting DATE: June 7, 2006 The proposed preliminary plat requests are scheduled to go before the Kalispell City Planning Board on July 111h. 1. A request from Beargrass Holdings, LLP, to create six lots ranging in size from 2,163 square feet to 2,521 square feet and one common area lot of 30,200 square feet. The property is zoned B-2, General Commercial, and is located on the east side of 3rd Avenue East, approximately 350 feet south of the intersection of 3rd Avenue East and 14th Street East. The properties proposed to be subdivided are described as Lot A of the amended plat of lots 1, 2, 3 and 4 of Block 1, Ryker Addition to Kalispell and lots 5, 6 and 7 and the abandoned alley of Block 1, Ryker Addition to Kalispell. The property is located in the SW 1/4 of Section 17, Township 28 North, Range 21 West. 2. A request from the Hilzac Corporation to resubdivide five existing lots within Stratford Village Phase 3 in order to create 10 sublots. The proposed sublots would range in size from 3,813 square feet to 3,834 square feet. The five existing lots are zoned R-4, Two Family Residential, and are located along Stratford Drive with the following addresses; 39, 43, 47, 51 and 55 Stratford Drive. The five lots proposed to be further subdivided can be legally described as lots 74, 75, 76, 77 and 78 of Stratford Village Phase 3 located in portions of the NW 1/4 and SW 1/4 of Section 19, Township 28 North, Range 21 West. If you need additional information regarding the above proposals please call me. Any comments on the above projects should be in to the Planning Department by June 30th. The Site Review Committee meeting is held at 10:00 a.m. on Thursdays at the Building Department located at 248 -- 3rd Avenue, East in Kalispell. Thank you for taking the time to review and comment. c: w/attachments: Brent Christopherson, Fire Dept. Mike Baker, Parks and Rec James Patrick, City Manager P.J. Sorensen, Zoning Administrator Roger Krauss, Police Dept. Frank Castles, City Engineer Jim. Hansz, Public Works Director Mark Crawley, Construction Manager Sandy Wheeler, Community Redevelopment Susan Moyer, Community Development Director Craig Kerzman, Chief Building Inspector Charles Harball, City Attorney MD©T, Local School District #S c: w/o attachments: Applicants City of Kalispell Planning Department 17 _,Ind Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION July 11, 2006 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, July 11, 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. A request from Beargrass Holdings, LLP, to create six lots ranging in size from 2,163 square feet to 2,521 square feet and one common area lot of 30,200 square feet. The property is zoned B-2, General Commercial, and is located on the east side of 3rd Avenue East, approximately 350 feet south of the intersection of 3rd Avenue East and 14th Street East. The properties proposed to be subdivided are described as Lot A of the amended plat of lots 1, 2, 3 and 4 of Block 1, Ryker Addition to Kalispell and lots 5, 6 and 7 and the abandoned alley of Block 1, Ryker Addition to Kalispell. The property is located in the SW 1/4 of Section 17, Township 28 North, Range 21 West. 2. A request from. the Hilzac Corporation to resubdivide five existing lots within Stratford Village Phase 3 in order to create 10 sublots. The proposed sublots would range in size from 3,813 square feet to 3,834 square feet. The five existing lots are zoned R-4, Two Family Residential, and are located along Stratford Drive with the following addresses; 39, 43, 47, 51 and 55 Stratford Drive. The five lots proposed to be .further subdivided can be legally described as lots 74, 75, 76, 77 and 78 of Stratford Village Phase 3 located in portions of the NW 1/4 and SW 1/4 of Section 19, Township 28 North, Range 21 West. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the hearing, or you may call us at (406) 751-1850, or e-mail us at planningCdkalispell.com for additional information. CERTIFICATION APPLICANT: Cedar Commons FILE NO: KPP-06-05 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 adjoining the property lines of the property that is requesting an amended preliminary plat. Date: S-T-R: 17-28-21 Lot/Tracts# 1 & Alley, Block 1 Ryker Addition Property Owner/Mail Address: Beargrass Holdings, LLP P.O. Box 7505 Kalispell, MT 59903-0505 Jackola Engineering P.O. Box 1134 Kalispell, MT 59903-1134 AND ATTACHED LIST Beargrass Holdings, LLP Jackola Engineering Joshua & Tara Brinton P.O. Box 7505 P.O. Box 1134 1427 4th Avenue East Kalispell, MT 59904-0505 Kalispell, MT 59903-1134 Kalispell, MT 59901 William N. Miller 1444 4th Avenue East Kalispell, MT 59901 Edythe Hill 1428 4' Avenue East Kalispell, MT 59901 Craig Denman/Bill Rice DOS Properties, LLC 354 Blue Spruce Lane Kalispell, MT 59901 OKO Properties, LLC 1745 Yd Avenue East Kalispell, MT 59901 Gilbert Gendreau 1437 4th Avenue East Kalispell, MT 59901 JEK Development, LLC 22011 NE 212 Avenue Battle Ground, WA 98604 Kevin & Rachel Hanko Cavanaughs Hospitality Ltd. Ptnshp O'Neil Properties, LLC 1404 4tn Avenue East 201 W North River Drive, Ste 100 312 Crestview Drive Kalispell, MT 59901 Spokane, WA 99201 Kalispell, MT 59901 No. 10707 NGTIGE OF PUBLIC NE,zRING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION July 11, 2006 to the, ag on fiW ft..., 17 end: Street' Eastr ..The regular meeting of the Kalispell City Plan- hiilg Board and Zoning Commission is schec- uted for Tuesday, July 11:1 2006 negimmng at 7.00 pm in the Kalispell City Council Chambers, Kalispell City Nall. 312 First Avenue East, Ka- lispeil. The planning board will hold a public hearing and take public comments on the follow - in agenda items. The Board will make a rec ornmendation to the Ka- lispell City Council who will take final action. 1. A request from E3eargrass Moldings, LLP, to create six lots 'ianging in size from 24163 square feet to 2-,521 square feet and one common area lot of ..30,200 square feet. The property is zoned B-2, General Commercial, and is located on the east side of 3rd Avenue East, approximately 350 feet south of the inter- section of 3rd Avenue East and 14th Street East. The properties ioposed to be subdi vided are described as Lot A of the amended plat of lots 1, 2, 3 and 4 of Block 1, Ryker Addi- tion to Kalispell and lots 5, 6 and 7 and the abandoned alley of Block 1, Ryker Addition to Kalispell. The proper- ty is located in the SW 1 f4 of Section 17, Town- ship 28 North, Range 21 West, Tt omas R.:.Jegtz;. : F taEf ling fit tisIII 2. A request from the tiilzac Corporation to re - subdivide five existing lots within Stratford Vil- lage Phase 3 in order to create 10 subiots. The proposed sublots would range in size from 3,813 square feet to 3,834 scuare fret. The five ex- isting iGi9 are zoned 4, Two family Residen- tial, and are located: alone Stratford ©rive with the followinga51 dresses, 39, 43,? and 55 strattord D The five lots proposed m be further subdivided can be legally described as lots 74, 75, and 78 of Stratford Vil- lage Phase 3 located in portions of the NW ild any ;Vt 1,14 of Section "rtinanSttti3 :?8 North, Range 21 West. STATE OF MONTANA FdW.W01 *.ViXQ1#11WM 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. 10707 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 JUNE 25, 2006 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED Fr THE SAME NUMBER OF INSERTIONS. Subscribed and sworn to Before me this JUNE 26, 2006 •�1.,.,..,t :..� l --= ---- � ``-tat' .Lr�, Notary Public for the State of Montana Residing in Kalispell My Commission expires 9/11/09