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Staff Report/Preliminary Plat
City of Kalispell Planning Department 17 - 2' 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 Diamond Ridge Estates Subdivision MEETING DATE: July 3, 2006 BACKGROUND: The Kalispell City Planning Board met on June 13, 2006 and held a public hearing to consider a request by Allen and Virginia Riebe, William and Cindy Riebe and Polly Webster for preliminary plat approval to create 23 single family residential lots. Currently this property is in the County zoning jurisdiction and has a zoning designation of County R-1, a Suburban Residential zoning designation that has a minimum lot size requirement of one acre. The owners have submitted a petition for annexation and initial zoning request of R-2. The lots within the subdivision would range from 15,000 square feet to 27,600 square feet. The minimum lot size under the City R-2 zoning district its 9,600 square feet. The property is located on the southeast corner of Three Mile Drive and Stillwater Road. There is an existing home located on the property and addressed. as 394 Three Mile Drive, Kalispell. The properties included in the subdivision can be described as Assessors Tracts 3ABB, 3AC, 3AD, 3AB, and 3ACA located within Section 12, Township 28 North, Range 22 West Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-06-3 and recommended the Planning Board consider recommending approval of the preliminary plat subject to 20 conditions. At the public hearing Erica Wirtala from Sands Surveying spoke in favor of the subdivision. There were also four property owners whose land is to the south of the subdivision who had concerns about how their property values would be affected by the subdivision and how storm water was going to be handled. Erica Wirtala addressed the storm water concerns by stating that a preliminary storm water plan had been developed which included a combination of storm water detention and retention ponds on the south side of the subdivision. After the public hearing the board discussed the proposal and took issue with Condition 5 regarding the parkland requirement. The developer preferred to pay a cash -in -lieu payment however the staff report recommended a homeowners park be dedicated. Staff pointed out to the board that the Parks and Recreation Department recommended the parkland dedication just prior to the staff reports being sent out. Due to the late timing of the parkland recommendation, the board is recommending the Council consider amending Condition 5 to allow the developer to pay cash in lieu of parkland. The Council may consider amending Condition 5 as follows, "The parkland dedication requirement shall be met with the payment of cash -in -lieu of parkland of 1.14 acres based on the unimproved fair market value of the area devoted to lots." This amendment passed on a vote 3 to 2. The two board members who voted against the amendment felt that a park should be dedicated as part of the subdivision in the area of lots 11 and 12. The motion to recommend approval of the preliminary plat to the Kalispell City Council subject to the 20 conditions listed in the staff report in addition to amended Condition 5 passed unanimously. RECOMMENDATION: A motion to approve the preliminary plat with the 20 conditions as amended 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 '; ames H ' trick -' Senior Planner City Manager Report compiled: June 23, 2006 Attachments: Transmittal letter Exhibit A (conditions) Staff report #KPP-06-3 and application materials Minutes 6/ 13/06 planning board meeting c: Theresa White, Kalispell City Clerk RESOLUTION NO.5125 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF DIAMOND RIDGE ESTATES, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS 3ABB, 3AC, 3AD, 3AB, AND 3ACA, LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Allen and Virginia Riebe, William and Cindy Riebe, and Polly Webster, the owners of the certain real properties 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 June 13, 2006 on the proposal and reviewed Subdivision Report #KPP-06-3 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Diamond Ridge Estates subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 3, 2006, reviewed the Kalispell Planning Department Report #KPP-06-3, 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 OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-06-3 are hereby adopted as the Findings of Fact of the City Council, SECTION II. That the application of the Riebes and Webster for approval of the Preliminary Plat of Diamond Ridge Estates, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. That the development of the site shall be insubstantial compliance with the preliminary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalk and shall be installed along Creekside Court. New infrastructure along Creekside Court shall tie into the existing street infrastructure serving Bowser Creek Estates subdivision. (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. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City ofKalispell. (Kalispell Design and Construction Standards) The parkland dedication requirement shall be met with the payment of cash -in -lieu of parkland of 1.14 acres based on the unimproved fair market value of the area devoted to lots. (Kalispell Subdivision Regulations, Section 3.19) 6. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and lots 20 and 23 of Diamond Ridge Estates as well as the frontage of the tract between lots 20 and 23 labeled "Not a part" on the preliminary plat. The 20-foot buffer strip shall include a paved bike and pedestrian trail, 10-feet wide and comply with AASHTO standards for bike and pedestrian paths, and integrated into existing bike and pedestrian paths along Three Mile Drive. The 20-foot buffer strip shall also include buffering in the form ofberming and landscaping. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. 7. The developer shall provide evidence that lots 19 and 20 have been included in the road maintenance agreement for Wyndover Hill Drive. 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 Uniform Fire Code (1997) Appendix III -A. 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 Uniform Fire Code (1997) Article 9. 9. The required boulevard along Creekside Court shall be a minimum of S feet wide and a payment in lieu of landscaping provided to the Department of Parks and Recreation for the installation of street trees and seeding of the boulevard. (Findings of Fact Section D) 10. The existing outbuildings shown on the preliminary plat shall be removed or located on the same lot as the existing house. (Kalispell Zoning Ordinance, Section 27.22.020(3)(g) 11. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is prohibited unless approved by the Kalispell Department of Parks and Recreation." (Findings of Fact Section D) 12. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." 13. A letter shall be obtained from the Montana Department of Transportation and stating that the proposed accesses onto Three Mile Drive (Farm to Market Road) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed in order to serve the lots within Diamond Ridge Estates. (MDOT) 14. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09). 15. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the plans to be reviewed by the Public Works Department. (Kalispell Subdivision Regulations, Section 3.22). 16. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 17. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 18. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 19. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 20. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County 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 3RD DAY OF JULY, 2006. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk City of s" Planning 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.cor June 23, 2006 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Preliminary Plat request for Diamond Ridge Estates Dear Jim: The Kalispell City Planning Board met on June 13, 2006 and held a public hearing to consider a request by Allen and Virginia Riebe, William and Cindy Riebe and Polly Webster for preliminary plat approval to create 23 single family residential lots. Currently this property is in the County zoning jurisdiction and has a zoning designation of County R-1, a Suburban Residential zoning designation that has a minimum lot size requirement of one acre. The owners have submitted a petition for annexation and initial zoning request of R-2. The lots within the subdivision would range from 15,000 square feet to 27,600 square feet. The minimum lot size under the City R-2 zoning district is 9,600 square feet. The property is located on the southeast corner of Three Mile Drive and Stillwater Road. There is an existing home located on the property and addressed as 394 Three Mile Drive, Kalispell. The properties included in the subdivision can be described as Assessors Tracts 3ABB, 3AC, 3AD, 3AB, and 3ACA located within Section 12, Township 28 North, Range 22 West Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-06-3 and recommended the Planning Board consider recommending approval of the preliminary plat subject to 20 conditions. At the public hearing Erica Wirtala from Sands Surveying spoke in favor of the subdivision. There were also four property owners whose land is to the south of the subdivision who had concerns about how their property values would be affected by the subdivision and how storm water was going to be handled. Erica Wirtala addressed the storm water concerns by stating that a preliminary storm water plan had been developed which included a combination of storm water detention and retention ponds on the south side of the subdivision. After the public hearing the board discussed the proposal and took issue with Condition 5 regarding the parkland requirement. The developer preferred to pay a cash -in -lieu payment however the staff report recommended a homeowners park be dedicated. Staff pointed out to the board that the Parks and Recreation Department recommended the parkland dedication just prior to the staff reports being sent out. Due to the late timing of the parkland recommendation, the board is recommending the Council consider amending Condition 5 to allow the developer to pay cash -in -lieu of parkland. The Council may consider amending Condition 5 as follows, "The parkland dedication requirement shall be met with the payment of cash -in -lieu of parkland of 1.14 acres based on the unimproved fair market value of the area devoted to lots." This amendment passed on a vote 3 to 2. The two board members who voted against the amendment felt that a park should be dedicated as part of the subdivision in the area of lots 11 and 12. The motion to recommend approval of the preliminary plat to the Kalispell City Council subject to the 20 conditions listed in the staff report in addition to amended Condition 5 passed unanimously. Please schedule this matter for the July 3, 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-06-3 and application materials Minutes 6 / 13 / 06 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Allen and Virginia Riebe, William and Cindy Riebe, Polly Webster, 394 Three Mile Drive, Kalispell, MT 59901 Eric Mulcahy, Sands Surveying, Inc., 2 Village Loop, Kalispell, MT 59901 E]UMIT A DIAMOND RIDGE ESTATES SUBDIVISION PLAT CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD JUNE 13, 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. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalk and shall be installed along Creekside Court. New infrastructure along Creekside Court shall tie into the existing street infrastructure serving Bowser Creek Estates subdivision. (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. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell. (Kalispell Design and Construction Standards) 5. The parkland dedication requirement shall be met with the payment of cash -in - lieu of parkland of 1.14 acres based on the unimproved fair market value of the area devoted to lots. (Kalispell Subdivision Regulations, Section 3.19) 6. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and lots 20 and 23 of Diamond Ridge Estates as well as the frontage of the tract between lots 20 and 23 labeled "Not a part" on the preliminary plat. The 20-foot buffer strip shall include a paved bike and pedestrian trail, 10-feet wide and comply with AASHTO standards for bike and pedestrian paths, and integrated into existing bike and pedestrian paths along Three Mile Drive. The 20-foot buffer strip shall also include buffering in the form of berrning and landscaping. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. 7. The developer shall provide evidence that lots 19 and 20 have been included in the road maintenance agreement for Wyndover Hill Drive. 8. 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 Uniform Fire Code (1997) Appendix III -A. 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 Uniform Fire Code (1997) Article 9. 9. The required boulevard along Creekside Court shall be a minimum of 5 feet wide and a payment in lieu of landscaping provided to the Department of Parks and Recreation for the installation of street trees and seeding of the boulevard. (Findings of Fact Section D) 10. The existing outbuildings shown on the preliminary plat shall be removed or located on the same lot as the existing house. (Kalispell Zoning Ordinance, Section 27.22.020(3)(g) 11. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is prohibited unless approved by the Kalispell Department of Parks and Recreation." (Findings of Fact Section D) 12. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." 13. A letter shall be obtained from the Montana Department of Transportation and stating that the proposed accesses onto Three Mile Drive (Farm to Market Road) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed in order to serve the lots within Diamond Ridge Estates. (MDOT) 14. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09). 15. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the plans to be reviewed by the Public Works Department. (Kalispell Subdivision Regulations, Section 3.22). 16. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 17. All utilities shall be installed underground. (Kalispell Subdivision. Regulations, Section 3.17). 18. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 19. All areas disturbed during development of the subdivision shall be re --vegetated with a weed -free mix immediately after development. 20. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). DIAMOND RIDGE ESTATES SUBDIVISION KALISPELL PLANNING DEPARTMENT STAFF REPORT ##KPP-06-3 .TUNE 2, 2006 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for preliminary plat approval of a 23 lot subdivision on property proposed for annexation and initial zoning. A public hearing on this proposal has been scheduled before the planning board for .tune 13, 2006 in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. BACKGROUND INFORMATION: This preliminary plat has been submitted in conjunction with a petition for annexation and an initial zoning designation of R-2, a Single -Family Residential district, on approximately 12.2 acres. A. Petitioner / Owner: Technical Assistance: Allen and Virginia Riebe William and Cindy Riebe Polly Webster 394 3 Mile Drive Kalispell, MT 59901 (406) 752-9010 Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 (406) 755-6481 B. Nature of the Request: The owners are requesting preliminary plat approval to create 23 single family residential lots. Currently this property is in the County zoning jurisdiction and has a zoning designation. of County R-1, a Suburban Residential zoning designation that has a minimum lot size requirement of one acre. The owners have submitted a petition for annexation and initial zoning request of R-2. The lots within the subdivision would range from 15,000 square feet to 27,600 square feet. The minimum lot size under the City R-2 zoning district is 9,600 square feet. C. Location and Legal Description of Property: The property is located on the southeast corner of Three Mile Drive and Stillwater Road. There is an existing home located on the property and addressed as 394 Three Mile Drive, Kalispell. The properties included in the subdivision can be described as Assessors Tracts 3ABB, 3AC, 3AD, 3AB, and 3ACA located within Section 12, Township 28 North, Range 22 West., D. Size: Total Area: 12.2 acres Total Lot Area in Lots: 10.4 acres Area in Roads: 1.8 acres 1 Minimum Lot Size: 15,000 square feet Maximum Lot Size: 27,600 square feet E. E�dsting Land Use and Zoning: The property proposed for the subdivision has a existing home and outbuildings which would remain on proposed lot 4. Currently this property is in the County zoning jurisdiction and is zoned R-1, Suburban Residential, a single family residential zoning district which has a minimum lot size requirement of one acre. As previously mentioned, a petition for annexation to the city of Kalispell and an initial zoning designation of R-2 has been filed concurrently with the request for preliminary plat approval. F. Adjacent Land Uses and Zoning: This property is located in an area currently experiencing a transition from rural to urban scale residential because of the recent extension of public water and sewer to the area. North: Cottonwood and Empire Estates Subdivisions, City R-3 and R-4 zoning South: Suburban residential subdivision, County R-2 zoning East: Rural residential, County R-1 zoning Vilest: Bowser Creek Subdivision, City R-2%PUD zoning G. Proposed Zoning: The proposed R-2, Single Family Residential, zone lists single- family residences as a permitted use and has a minimum lot size requirement of 9,600 square feet and a width of 70 feet. The intent of the R-2 district is to provide adequate lot areas for urban residential development. The zoning district should have good thoroughfare access, and be in proximity to community and neighborhood facilities such as schools, parks and shopping areas. H. General Land Use Character: The general land use character of this area can be described as primarily agricultural land transitioning toward residential uses. This area can also be described as being within the urban boundaries of Kalispell and there have been significant development pressures in the area for larger agricultural tracts. I. Utilities and Public Services: All available public services and facilities will be provided to these properties at the same level of service as other properties similarly situated in the city limits. Sewer: City of Kalispell Water: City of Kalispell Refuse: Contract hauler available Electricity: Flathead Electric Cooperative Telephone: Centur Tel Schools: School District #S Fire: Kalispell Fire Department Police: Kalispell Police Department J. Relation to Zoning Requirements: The applicants are proposing annexation and an initial zoning designation of R-2. The R-2 zoning district has a minimum lot size requirement of one dwelling unit per 9,600 square feet or approximately 4.5 dwelling units per net acre or 3.5 units per gross acre. The proposed 2 subdivision has a gross density of 1.9 units per acre. The proposed subdivision would create 23 lots. All of the proposed lots would exceed the minimum lot requirements of the R-2 zoning district with several proposed lots more than double the 9,600 square foot minimum lot size. Proposed lots 1, 16, 19 and 20 are all more than double the minimum lot size required in the R-2 zoning district and therefore could potentially be further subdivided in the future. Although future division of these proposed lots is possible it would not have a significant impact on roadways surrounding the subdivision as they will be constructed or improved to meet City road standards. REVIEW AND FINDINGS OF FACT This application is reviewed as a major subdivision in accordance with statutory criteria and the Kalispell City Subdivision Regulations. A. Effects on Health and Safety: Fire: This subdivision would be in the service area of the Kalispell Fire Department once annexed to the City. The property would be considered to be at low risk of fire because the subdivision and homes within the subdivision would be constructed in accordance with the Uniform Fire Code and have access which meets City standards. Hydrants will be required to be placed along the new road within the subdivision in compliance with the requirements of the Uniform Fire Code and approved by the Fire Department. The fire access and suppression system should be installed and approved by the Fire Department prior to final plat approval because of potential problems with combustible construction taking place prior to adequate fire access to the site being developed. Flooding: According to FIRM Panel #1805D dated 9/30/92 this property is located entirely in zone C, an area that is not prone to flooding. There are no indications that this site is prone to high ground water, intermittent streams or creeks or stor nwater runoff which has the potential to create problems with flooding. Access: Access to the subdivision is proposed from a new subdivision road and an existing private road off of Three Mile Drive. The new roadway serving a majority of the lots within the subdivision is proposed as a loop road connecting two roads currently under construction on the adjacent subdivision, Bowser Creek Estates. The loop road shown on the preliminary plat, Creekside Court, would extend an existing court in Bowser Creek Estates north and connect with Bowser Creek Place, another internal roadway serving the Bowser Creek Subdivision. Both Bowser Creek Estates and Diamond Ridge Estates would share an access road onto Three Mile Drive. An existing private roadway, Wyndover Hill Drive, would serve proposed lots 19 and 20. This roadway currently serves four lots within the Wyndover Hill subdivision. B. Effects on Wildlife and Wildlife Habitat: This property varies between level ground and slopes between 5-11 percent. Although the properties proposed within the subdivision have some varying topography no creeks or drainages are 3 located on them. There may be some migratory birds and occasional deer may visit the site, however, this area does not provide significant habitat for wildlife. 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, the entire site is outside the 100 year floodplain and the closest surface water is Bowser Creek which lies approximately 700 feet to the west of the property_ A Depth to Water Table map dated March 13, 2006 indicates the water table is greater than 50 feet below the surface for the area of the proposed lots. Drainage: Curbs and gutters will be installed and a storm water management plan will have to be developed to address the runoff from the site. There is no City storm drain system in the immediate area and storm water will have to be managed using on -site retention methods as part of an engineered storm water management plan. 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. D. Effects on Local Services: Water: Water service to the subdivision would be provided by the City of Kalispell and extended from a water main that lies to the west of this subdivision along Three Mile Drive. The water main would be extended from its current location to the subdivision along the right of way for Bowser Creek Place. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works 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 sewer main located west of the proposed 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. Roads: The primary access road serving Diamond Ridge Estates and adjacent subdivisions is Three Mile Drive. Three Mile Drive is a paved, two lane State secondary roadway that is in fair condition. Over the last five years significant development has occurred along Three Mile Drive. At some point, consideration will need to be given to the upgrading and widening of Three Mile Drive as development continues to occur in the area. Impacts to Three Mile Drive are incrementally increasing. However, with no funding is currently available for the upgrade of secondary State highways at either the state or local level and no improvements to the Three Mile Drive area are anticipated. Additionally, because there are no development impact fees assessed by the City of Kalispell, Flathead County or the State of Montana, the impacts to the road will continue to be felt. Overall there will be moderate impacts to Three Mile Drive as a result of this subdivision however, in order to address impacts future traffic associated with the proposed subdivision would generate, staff is recommending a condition be placed on the final plat which requires lot owners to waive their right to protest 4 the creation of a special improvement district for road upgrades in the area to City standards. An additional condition recommended on the preliminary plat will require the developer to contact the Montana Department of Transportation to ensure the existing approaches for the two access roads off of Three Mile Drive, Bowser Creek Place and Wyndover Hill Drive, are adequate for the additional traffic generated by Diamond Ridge Estates. The proposed subdivision road, Creekside Court, will be constructed to City standards and would include curb, gutter, sidewalks and landscape boulevards within the subdivision. This road will tie into two roads currently being constructed as part of the Bowser Creek subdivision. The Parks and Recreation Department has previously worked with developers by approving appropriate street trees to be planted within the boulevard strap. However, recently the Department has changed its policy and now requires developers to provide the Department with funds so that the Department can install the street trees and seed the boulevard strip. This has come about after lot owners in numerous subdivisions have neglected to place grass and instead have placed rock in the boulevard and may or may not plant the required street trees. With the owner or developer providing funds to the Department, the City can be assured that the boulevard will be seeded and trees installed per City standards. In addition, the Department of Parks and Recreation has requested future lot owner(s) be notified that they must maintain the boulevard strip and no removal of grass or street trees can occur without approval from the Department of Parks and Recreation. Therefore, conditions have been added to the proposed subdivision to address the Department's concerns regarding the street boulevards. Lots 19 and 20 will be provided access off of Wyndover Hill Drive, a private roadway approximately 20 feet wide serving four lots in the Wyndover Hills subdivision. The Wyndover Hill subdivision was approved by the County on March 8, 2001. One of the conditions of approval for the subdivision was the creation of a road users association to maintain the private road. As a recommended condition of approval, proposed lots 19 and 20 will need to be included in the road users association for the continued maintenance of Wyndover Hill Drive. Schools: This development is within the boundaries of the Kalispell School District #5. The school district could anticipate that an additional 11 school aged children might be generated into the district at full build out. This number is used because it takes into account pre-school aged children, home school education options and 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: The state and local subdivision regulations have parkland / open space requirements for major subdivisions in the amount of 11% of the combined area of all land to be divided into lots 1/2 acre and smaller. The area in lots is 10.394 acres creating an average lot size of 19,685 square feet, slightly less than Z/2 an acre. 11% of the combined area in lots will require 1.14 acres in park area or cash in lieu equivalent. The developer is proposing to pay a cash in lieu of parkland fee and in the subdivision application the owner has provided a value of $25,000 per acre as the estimated market value of the property before improvements. The developer has proposed the cash in lieu payment because the developer feels that a park would not be warranted in this subdivision due to the large size of the lots. Upon reviewing the proposed subdivision the Parks and Recreation Department is recommending that the developer provide an on -site area for a park. The Department's recommendation would be to have a park in the vicinity of lots 6, 7 and 8 as shown on the preliminary plat. The portion of the park area will need to be developed with some amenities such as a picnic area and irrigation and landscaping so that it provides a recreational amenity. A plan for development and maintenance of the park area needs to be coordinated with the Kalispell Parks and Recreation Department. The park will be privately owned and maintained by the homeowners association and will not be available for use by the general public. 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 Uniform Fire Code. Although fire risk is low because of good access and fairly level terrain, the Fire Department is recommending that access to the subdivision and the hydrants are in place prior to final plat approval and % or use of combustible materials in construction. Sidewalks: Currently there is a lack of pedestrian access along Three Mile Drive. Three Mile Drive is a narrow State secondary highway that is maintained by Flathead County. Other subdivisions that have been developed in the area have been required to establish pedestrian access along Three Mile Drive with the anticipation that these walkways will eventually connect. The improvements have been made on an incremental basis and the subdivision's frontage along Three Mile Drive would add another segment that is needed. Staff would recommend that a pedestrian/ bike trail and a vegetation buffer along proposed lots 20 and 23 of Diamond Ridge Estates as well as the frontage of the tract between proposed lots 20 and 23 labeled "Not a part" on the preliminary plat be provided prior to filing the final plat. The pedestrian/bike trail would be coordinated with the Public Works Department and Parks and Recreation Department. Solid Waste: Solid waste will be handled by a private hauler and will be 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 9 three miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has been traditionally used for agricultural purposes, primarily grazing. However, due to the increase in residential development surrounding the project site on all four sides, the property is less viable as agricultural land. Its location and its proximity to urban services make this property suited for urban scale development. There will be relatively little impact on agricultural uses within the Valley and no impact on agricultural water user facilities since this property will be served by a public water system. P. Relation to the Kalispell Growth Policy: This property is in the Kalispell Growth Policy's potential utility service area and is anticipated for this type of urban scale development at the time of connection to City utilities. The future land use map for the area indicates this area is anticipated to be developed as Urban Residential. Areas designated as Urban Residential are anticipated to be served by community water and sewer and have good access to services and public facilities. This land use designation anticipates a density of between 3 and 12 dwelling units per gross acre. The requested R-2 zoning for the site can be found to be consistent with the Urban Residential designation. G. Compliance with Zoning: This property has been proposed to be zoned R-2, a Single Family Residential district. The proposed lot sizes range from 15,000 square feet to 27,600 square feet. Therefore, the proposed lots would comply with the requested R-2 zoning district. It should be noted that due to the larger lot size proposed within the subdivision there is the potential for proposed lots 1, 16, 19 and 20 to further subdivide. The project site currently has a house, garage and several outbuildings located on the western portion of the property. The preliminary plat indicates that the house would be located on proposed lot 4 along with the garage and a carport however several other outbuildings are shown on other proposed lots. Section 27.22.020(3)(g) of the Kalispell Zoning Ordinance states that no accessory structure or use shall be constructed or established on any lot prior to the time of the substantial completion of the construction of the principal structure to which it is accessory. if the subdivision is approved, allowing any of the outbuildings to remain ether than those included on the same lot as the existing house would be in violation of Section 27.22.020(3)(g). Therefore, as a recommended condition of approval they will either have to move or remove the existing outbuildings to comply with Section 27.22.020(3) (g). H. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations and no variances have been requested. Staff recommends that the Kalispell City -County Planning Board adopt staff report KPP- 06-3 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for the subdivision be approved subject to the following conditions: 7 1. That the development of the site shall be in substantial compliance with the preliminary plat. (Kalispell Subdivision Regulations, Appendix C -- Final Plat) 2. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalk and shall be installed along Creekside Court. New infrastructure along Creekside Court shall tie into the existing street infrastructure serving Bowser Creek Estates subdivision. (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. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell. (Kalispell Design and Construction Standards) 5. The developer shall provide a minimum of 1.14 acres in park area in the vicinity - of lots 6, 7 and 8. A development plan for the parkland shall be reviewed and approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. A homeowners association shall be created for the on -going maintenance of the park. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Section D). 6. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and lots 20 and 23 of Diamond Ridge Estates as well as the frontage of the tract between lots 20 and 23 labeled "Not a part" on the preliminary plat. The 20- foot buffer strip shall include a paved bike and pedestrian trail, 10-feet wide and comply with AASHTO standards for bike and pedestrian paths, and integrated into existing bike and pedestrian paths along Three Mile Drive. The 20-foot buffer strip shall also include buffering in the form of berming and landscaping. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. 7. The developer shall provide evidence that lots 19 and 20 have been included in the road maintenance agreement for Wyndover Hill Drive. 8. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). 9 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 Uniform Fire Code (1997) Appendix Ill -A. 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 Uniform Fire Code (1997) Article 9. 9. The required boulevard along Creekside Court shall be a minimum of 5 feet wide and a payment in lieu of landscaping provided to the Department of Parks and Recreation for the installation of street trees and seeding of the boulevard. (Findings of Fact Section D) 10. The existing outbuildings shown on the preliminary plat shall be removed or located on the same lot as the existing house. (Kalispell Zoning Ordinance, Section 27.22.020(3)(g) 11. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is prohibited unless approved by the Kalispell Department of Parks and Recreation." (Findings of Fact Section D) 12. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." 13. A letter shall be obtained from the Montana Department of Transportation and stating that the proposed accesses onto Three Mile Drive (Farm to Market Road) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed in order to serve the lots within Diamond Ridge Estates. (MDOT) 14. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09). 15. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the plans to be reviewed by the Public Works Department. (Kalispell Subdivision Regulations, Section 3.22). 16. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 17. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 9 18. That a miniznum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 19. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 20. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). 10 City of Kalispell Planning Department 17 - 2nd Street East. Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 l=ax: (406) 751-1858 MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION FEE SCHEDULE: FEE ATTACHED 3050.00 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: Diamond Ride Estates OWNER(S) OF RECORD: $350 base fee Base fee + $40/lot Base fee + $100/lot $100 (per variance) Add $200 to base preliminary plat fee Name Allen and Vir ' 'a Riebe William and CindX Riebe and Poll Webster Phone 406 752-9010 Mailing Address 394 3 Mile Drive City Kalispell State MT _Zip 59901 TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name & Address Sands SunMe ag. Inc, 2 Village Loop, Kalispell, MT 59901 Name & Address Carver En ' eerLn 1995 3,d Avenue E. Kalispell Name & Address LEGAL DESCRIPTION OF PROPERTY: Property Address 394 and 386 3 Mile Drive Kalispell. Assessor's Tract No(s) 3ABB, 3AC, 3AD, 3AB, and 3ACA Lot No(s) NW 1/4 NW 1/4 Section _ 12 Township 28 Range 22 GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces 23 Total Acreage in Subdivision. 12.234 Total Acreage in Lots 10.234 Minimum Size of Lots or Spaces 0.301 ac Total Acreage in Streets or Roads 1.840 Maximum Size of Lots or Spaces a.631 ac Total Acreage in Parks, Open Spaces and/or Common Areas None proposed PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family 23 lots Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other APPLICABLE ZONING DESIGNATION & DISTRICT -Propose Kalispell R-2 ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS_ $25,000.00per acre (Undeveloped land value IMPROVEMENTS TO BE PROVIDED: Roads: Gravel Paved. _X Curb X Gutter -X--Sidewalks _X Alleys Other Water System: Individual Multiple User Neighborhood Public X Other Sewer System; Individual Multiple User Neighborhood Public X Other Other Utilities: Cable TV -A—Telephone X Electric X�Gas X Other Solid Waste: Home Pick Up Central Storage Contract Hauler X Owner Haul Mail Delivery: Central X Individual School District: Fire Protection; Hydrants XTanker Recharge Fire District: Drainage System: On -site a eered drain@ge system PROPOSED EROSION/SEDIMENTATION CONTROL: As required per DEQ and the City of Kalil ell VARIANCES: ARE ANY VARL4NCES 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: N r .. City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 To: Sean Conrad From: Mark Crowley, Construction Manager /V Date: May 9, 2006 / Re: Preliminary Plat for Diamond Ridge Estates, on Three Mile Drive Dear Sean; Thank you for the opportunity to review the plans for the above -mentioned subdivision plat. While this parcel is a long parcel, it does not appear to be narrow enough to justify four access points that do not connect to each other. This Department recommends that interconnectivity be provided between the three street access points. This will facilitate better service of garbage collection, street plowing and improved response times to emergencies. Alternatives that allow the existing home on Three Mile Drive access from the interior of the subdivision will need to be explored (as was done in Cottonwood Park Sub and Aspen Creek Sub). It is not compliant with the Growth Policy to allow residential access to arterials (Policy 6, Transportation). The two roads coming of of Three Mile Drive will need to be dedicated to the City of Kalispell and upgraded to City Standards Further, the requested variance may be unnecessary. Kalispell's Design and Construction Standards allow for road grades up to 8% (not 6% as stated in the application). It is the Goal of the Kalispell Growth Policy 2020 (Chapter 11. Streets and Roads, Goal 3). (to: "As the City annexes county roads provision should be made for upgrading to city standards." Therefore, the developer should upgrade Wyndover Hill Drive to city standards. It is the Policy of the Kalispell Growth Policy 2020 to: avoid "hilltop development" to mitigate erosion losses (Policy 12, :Natural Environment). ➢ "Encourage the design of urban streets to provide for convenient circulation, safe pedestrian access and excess road width..." (Policy 6, Urban Design) The proposed cul-de-sacs do not provide this circulation and access. As has been the council's policy of requiring bike and pedestrian paths along Three Mile Drive, we offer the following suggested language: "The applicant shall develop a bike and pedestrian path along the entire frontage of Three Mile Drive (including the existing home). Said path shall be 10 feet wide and comply with AASHTO Standards for bike and pedestrian Paths. All excess stormwater must be retained on site. The developer must submit an engineered drainage plan to this office for review prior to construction. Upon completion, an engineer must submit to this office a certification that the construction follows the approved plans. A recommended condition might be as follows: "The developer must 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 that the improvements have been built as designed and approved." Again, thank you for the opportunity to comment. Feel free to contact this office if . be of further assistance. ��''� UNITED STATES J AQSTAL SERVICE ©ate: 5-22-2006 p IRC[EY[ED AY 23 2006 To: City of Kalispell Planning Department 17 2nd Street E Ste 211 KALISPELL PLANNING DEPARTMENT Kalispell, MT 59901 RE: Diamond Ridge Estates Comments to Kalispell City Planning Board: Prior to filing the final plat a common mail delivery site shall be provided with the design and location to be approved by the local postmaster of the U.S. Postal Service. Mail box turnout will be located as near the entrance to the subdivision as possible and will be a minimum of 20 feet long, plus approach and exit. The turnout will be at least ten feet wide so that the mail carrier's or customer's vehicle will be completely off the roadway. This ten foot width will be a flat level surface. The turnout, combined with the developed road surface, will provide an area wide enough for the mail carrier to completely turn around without having to back up (at least 70 feet total width). A site plan delivery agreement must be on file with the local post office. Cluster Box Units (CBU) and cement pad are at the expense of the developer. The cement pad for the CBUs is to conform to USPS standards. If you need additional information regarding the above comments please contact Susii Carter at 1-406-755-6450. CADocuments and SettingSJH8BP01My oocuments\Growth Nlanagement\Growth Management\Projects\Commercial iot in Center Mall parking Iot\Comments to Kalispell Ptanning,doc SITE DEVELOPMENT REVIEW COMMITTEE SUM1MARY Thursday, May 11, 2006 Building Department Conference Room ATTENDING: Frank Castles, Asst. City Engineer Brent Christopherson, Asst. Fire Chief Mark Crowley, Construction Manager P. J. Sorensen, Zoning Administrator, Chair Jennifer Young, Recreation Supervisor Jeff Clawson, Plans Examiner Sean Conrad, City Planner Craig Kerzman, Building Official Susie Turner, Assoc. Civil Engineer Kathy Kuhlin, Recording Secretary Guests. Eric Mulcahy, Sands Surveying; Kevin Malloy, Carver Engineering; Rod Schenck, Carver Engineering; and Eric Berry, Eastside Brick. Hear the Public: None. Performance Bond Reminders: Public Works is going to allow Tim Birk to extend his Letter of Credit to 1$ months for Muskrat Slough and Three Mile. Regarding Westview Business Center, Public Works has sent them letters regarding the necessary significant repairs they will need to make before their Letter of Credit expires in July. OLD BUSINESS: Town Pulp — No responses to anyone regarding letters that were sent from each department. Public Works did hear from their engineer, who was asking questions about hove to do a pere test. Courthouse East — The Development Agreement has been signed. Their estimate for the bond is $45,000, but they obtained a Letter of Credit for $100,000. They made some changes in the location of some of the live/work spaces. One parking space was removed. Minor changes to the boiler house building, the bridge, and infrastructure in the public right of way. Parks and Public Works need an engineer or their contractor to sign off on the estimates. Glacier Bank — The approval from. MDOT has been received with the condition that they work out their street signage with Public Works. They will be extending the Streetscape theme through the right of way. They still need to put in the parking lot next to Roman's Restaurant, but the building has not been torn down yet. They will need to coordinate the kiosk with Fred Zavodny in Public Works. They will need to put in landscaping in front of the doorways on both sides of the street to discourage crossing the street in the middle of the block. Fire has requested more information regarding the shared sprinkler system (the old bank shares with NWMHR). This is approved through Site Review. NEW BUSINESS: VFW — They went through Architectural Review this week. They will need a Plumbing Plan, Lighting Plan. etc. The System. Development charge cannot be determined until the Plumbing flan is submitted. Parking is difficult to determine downtown. Their proposed parking was discussed. They will need to sprinkler/sprinkle the building. Parks will look at the street tree situation in that area. They will need to be notified of how to put their address on the front of the building at the front entrance. They will need to line up their handicapped ramp with the sidewalks. Kidsports — Brian Wiley is the builder — We have asked for a Site Plan. They need an 8" main. They need a two-way hydrant with a 4" barrel. We will need a Lighting Plan. This needs to go through Architectural Review. Where are they putting in the new hydrant? We will need Mike Baker or Dan Johns to attend our next meeting to discuss this project. Crevier's School of _Cosmetology — Their parking issues were discussed. Drainage and landscaping is okay. Woodland Clinic — This project went through architectural review on Tuesday. They will need to formalize their existing parking. They are adding 1,065 sq. ft. They will need to apply for an Administrative CUP (expansion of a non -conforming use in an R-3 zone). The question of having them change their address to 61h Avenue East because of the front entrance being changed was discussed. Jackola Engineering is the engineer on this project. They will need to sprinkler/sprinkle the building because the fire flow isn't adequate. If they loop the system to get the fire flows up, they may not have to sprinkler. There may be storm drainage issues. Seventh Dav Adventist -- No Drainage Plan, no Landscaping Plan, no Lighting Plan. A 1,000+ sq. ft. addition. They have obtained their CUP. They will also need at least a 3' exit aisle in front of the door. PLANNING OFFICE ITEMS: Diamond Ridee Subdivision -- Three Mile Drive next to Bowser Creek Estates — seeking a variance to the cul-de-sac to be extended south from 600' to 833'. They will seek annexation and zoning of R-2. Accesses and roads were discussed. Each lot must have frontage. The water main will need to be extended. Zoning requires the access to come off the street. This is an infill subdivision. The grade is presently 11 %, but Public Works and Fire will require them to re -grade to 8%. This is presently scheduled to go to the Planning Board on the 13'h. They have cash in lieu of park land. Utilities to be extended out to the far property line. 7-1 is i-2/PUC 0 a 1U MM'd i By1 S4ND9BIIBVBVBW0- 2 Village Loop Balbipll' NIT 59901 (406)755.0A81 JOB No; 204903 (2049M dog) BATE: April 4, 2006 FOWOWNBB: All.. ltkl Norm CONTODB IN FBBVAI. = V Preliminary Plat oP. Diamond Ridge Estates Located in the NW 1/4NW 1/4 of Section 12, T.28N., R.22W., P.M.M., Flathead County, Montana LBGFND: a IIINh C.— Oa IIGa4/ • F11-11/3"11cha1BCap(797&S)aeaa— Total Area: 12.234 Ac. 23 Lots (Gross): 10.394 Ac. ..as: 1.840 Aa �J I.tlM w�uy.1.U1� wLli I'I( VIAND, GITIIATIiD, LYING AND BEING IN M19 NOB-Wr f86OFTi18N(IB'1'IDVBS'r QGABTIMOFS8 I'N)N12,TON lIP28 II,BANGSIAS FUILO N IPI Wi NONi'ANA,ANI/ PABTII:olAB1.Y DBSYlI18RUASN)IAfBVS IY) WI'f: INING al Igo wouarrresl Porar W IM N•(Iaal Qralvof de IW,Nnra1 r of Sttnon i1,1'owlnNp 2B Nwle,, fhIIBe22ee.ill..M. tWhaJ , Nonlans wNeh B n fuuM Iron Plrq 1'Mnne alaeN de weal1 MundaH ofaWd NIlkl Na"42'ifi"li 1246.76(eel low(aun44onPiwon dawxghuAY WN'N Nilo I..1 14 Wa,eaald ItIB 177,60 77,6'44"lt 150A!Iool oohound 4 —I 'IT 17 IUTB S1—.1TW 177 , hall TMneroliAlil'IS R Ycel; t 150.01'3T1t 177.65( Iluswitl aouWerlY &VVi Tla24"7(-UBf—d 15U.03 f«Yi Thenttln.0.11 feel l S'e Y2'4F1Y1 cal N' urafwa. Iq Thcece Stl999`43"W 45U.11 fce1 a Ila pmnl MMglmlryaltl aeBalanp ACItBSi SutOeet b and 1o8e0,er with ail appuYe,aN memenh o(leconi. VUBlty Map: Not to 8nu1e City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com MEMORANDUM TO: Kalispell City Staff Other Interested Parties FROM: Sean Conrad, Senior Planner RE: May I1th Site Review Committee meeting DATE: May 3, 2006 The proposed preliminary plat request and zone change are scheduled to go before the Kalispell City Planning Board on June 13th . A request by Allen and Virginia Riebe, William and Cindy Riebe and Polly Webster for annexation, initial zoning and subdivision of approximately 12.8 acres located at 386 and 394 Three Mile Drive, Kalispell. The properties are currently zoned County R-1 (one acre minimum lot size). The owners have petitioned to annex into the City of Kalispell and have requested the Citv R-2 (9,600 square foot minimum lot size) as well as proposing a 22 lot residential subdivision. The lots within the subdivision would range from. 15,000 square feet to 27,600 square feet. The owners are also requesting a variance to the cul-de-sac limits. The application notes that in order to serve proposed lots 7-12 a cul-de-sac would be extended from the Bowser Creels development, located immediately west, to this site. The Kalispell Subdivision Regulations limit cul-de-sac lengths to a maximum of 600 feet. The developer is requesting a cul-de-sac of approximately 830 feet to serve proposed lots 7-12. The properties included in the annexation, initial zoning and subdivision can be described as Assessors Tracts 3ABB, 3AC, 3AD, 3AB, and 3ACA located within Section 12, Township 28 North, Range 22 West. A request by Village Plaza, Inc, to change the zoning on 9.3 acres located on the north and east sides of Village Loop Drive from RA-3 (Residential Apartment/Office) to B-1 (Neighborhood Buffer District). The land within the zone change can be described as Tract 5 located within Section 31, Township 29 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 1, 2006. The Site Review Committee meeting is held at 10:00 a.m. on Thursdays at the Building Department located, at 248 - 3rd Avenue, East in Kalispell. Thank you for taking the time to review and comment. c: w/attachments: Brent Christopherson, Fire Dept. Mike Baker, Parks and Rec James Patrick, City Manager P.J. Sorensen, Zoning Administrator Roger Krauss, Police Dept. Frank Castles, City Engineer Jinn Hansz, Public Works Director Mark Crowley, Construction Manager Sandy Wheeler, Community Redevelopment Susan Mover, Community Development Director Craig Kezzznan, Chief Building Inspector Charles Harball, City Attorney MD©T, Steve Herzog Superintendent, Kalispell School District No. 5 LISPS, Susie Carter Land Planning, MDT - Helena c: w/o attachments: Applicants CERTIFICATION APPLICANT: Allen Riebe, Etal/ Diamond Ridge Estates FILE NO: KA-06-04/KPP-06-03 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 annexation and a preliminary plat. Date:` S-T-R: 12-28-22 Lot/Tracts# 3ABB, 3AC, 3AD, 3AB, 3ACA Property Owner/Mail Address: Allen & Virginia Riebe William & Cindy Riebe Polly Webster 394 Three Mile Drive Kalispell, MT 59901 Eric Mulcahy Sands Surveying 2 Village Loop Kalispell, MT 59901 AND ATTACHED LIST City of Kalispell Planning Department 17 - 20d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (4€16) 751-1850 Fax: (406) 751-1858 Website: kalispellpla ing.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 CONIIVIISSION June 13, 2006 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, June 13, 2006 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take final action. 1. A request by Allen and Virginia Riebe, William and Cindy Riebe and Polly Webster for annexation, initial zoning and subdivision of approximately 12.8 acres located at 386 and 394 Three Mile Drive, Kalispell. The properties are currently zoned County R-1 (one acre minimum lot size). The owners have petitioned to annex into the City of Kalispell and have requested the City R-2 (9,600 square foot minimum lot size) as well as proposing a 23 lot residential subdivision. The lots within the subdivision would range from 15,000 square feet to 27,600 square feet. The properties included in the annexation., initial zoning and subdivision can be described as Assessors Tracts 3ABB, 3AC, 3AD, 3AB, and 3ACA located within Section. 12, Township 28 North, Range 22 Iffiest. 2. A request by Wayne Turner to amend Empire Estates Phase 5 and add 7 lots to the approved preliminary plat. Phase 5 includes 12.3 acres with preliminary plat approval for 64 lots. Due to a change in access to Phase 5 and a redesign of the subdivision roads and lots the owner was left with additional land outside of the 64 preliminary approved lots. It is on this additional land the owner is requesting to add 7 lots. The property is zoned R-4 (Two Family Residential). The property can be described as Assessor's Tract 3 located within the SW 1/4 of Section 1, Township 28 North, Range 22 West. 3. A request by Earl Johnson to change the zoning on a 9,400 square foot lot located on the west side of Meridian Road from R-4 (Two Family Residential) to R-5 (Residential/Professional Office). The property is developed with a single family residence at 130 Meridian Road and can be described as Lot 1 of Block 1, Meridian Addition located within Section. 13, Township 28 North, Range 22 `Nest. Blue Heron Ph2A March 16, 2006 Page 2 4. A request by the city of Kalispellto amend the Kalispell Growth Policy 2020 by expanding the boundaries of the Growth Policy northward using the Stillwater River as the western boundary, Church and Birch Drives as the northern boundary and generally following U.S. Highway 2, south to Rose Crossing. The Growth Policy amendment is intended to give broad policy direction to growth in this area should property owners wish to annex to the city. The policy anticipates the extension of urban services including sewer and water into this area over time and is designed to give guidance to this associated growth. 5. A request by the city of Kalispell to amend Section 27.26.040(11) of the Kalispell Zoning Ordinance specifically to allow for required parking within. the Special. Parking Maintenance District No. 2 (Downtown Kalispell) to be met by a cash -in -- lieu of parking payment. In addition, it is proposed that Special Parking Maintenance District No. 2 boundary (Appendix B, Figure 2) be expanded to include the Kalispell Center Mall bounded by Center Street, Fifth Avenue West, the BN RR Tracks and North Main Street. Documents pertaining to the agenda items are on fide 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 personas are encouraged to attend the hearing and make their views and concerns known to the Board. Written cornments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the hearing, or you may call us at (406) 751-1850, or e-mail us at planning--Wkalispell.corn for additional information. Allen & Virginia Riebe Eric Mulcahy Laurie & Gary Morrison William & Cindy Riebe Sands Surveying 96 Northern Lights Blvd 394 Three Mile Drive 2 Village Loop Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Peter & Sandra Sauer Polly Webster Allison Drollinger P.O. Box 9855 66 Rising Sun Circle 169 Brook Drive Kalispell, MT 59904 Kalispell, MT a9901 Kalispell, MT 59901 Charles &Anna Bryer Steven &. Karen Breck Bud & Amy King King Construction 111 Brook Drive 133 Brook Drive P.O. Box Kalispell, MT 59901 Kalispell, MT 59901 946 Maple Valley, WA 98038 Janice & Herbert Stout Judie Soteros Barbara Price P.O. Box 595 270 Empire Loop 1340 41h Avenue East Kalispell, MT 59903 Kalispell, MT 59901 Kalispell, MT 59901 Ron Terry Construction. Louise Swisher Sam & Marina Osnovikov 7 Meridian Court P.O. Box 9163 1039 Foster City Blvd, #D Kalispell, MT 59901 Kalispell, MT 59904 Foster City, CA 94404 Dana & Brendalee Hermanson Ryan Lawlor Jarvin Development, LLC 279 Empire Loop P.O. Box 2238 P.O. Box 5524 Kalispell, MT 59901 Kalispell, MT 59903 Kalispell, MT 59903 Monty Reddig, Cherie Uskoski Darline Byrd Richard & Kristina Ruonavaara 108 Empire Loop 96 Vista Loop Kalispell, MT 59901 Kalispell, MT 59901 Michael & Dorothy Manion Trustees 157 Brook Drive Kalispell, MT 59901 Gordon & Lana Moberley 61 West View Drive Kalispell, MT 59901 William & Cindy Riebe 386 Three Mile Drive Kalispell, MT 59901 James & Teri Florman 145 Brook Drive Kalispell, MT 59901 Powell & Gertrude Clinton P.O. Box 7063 Kalispell, MT 59904 Kalispell Bowser Creek Asso. 121 Spear Street, #250 San Francisco, CA 94105 Jodi Gordner John Loughey, 111 65 rest View Drive Kalispell, MT 59901 Davy Hoag Kenneth Hannah, Jr. Angela Leduc 85 West View Drive 91 West View Drive 99 West View Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Helen Kaeding Paul & Susan Bray Martina Minette Carl McAtee 69 Konley Drive 73 Konley Drive 111 West View Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Marvin & Annabel Messing 77 Konley Drive Kalispell, MT 59901 Robert & Joan Gates, Jr 136 West View Drive Kalispell, MT 59901 Gary & MaryAnn McClarty 88 West View Drive Kalispell, MT 59901 Uwe & Heidi Schaefer 10150 Reese Circle Prunedale, CA 93907 Jeffrey Laverdiere 268 Empire Loop Kalispell, MT 59901 Joseph Bruce 27 Parkview Drive Kalispell, MT 59901 Gavin 8v Kathy Corrigan 121 West View Drive Kalispell, MT 59901 Roger & Kathleen Rich P.O. Box 7084 Kalispell, MT 59904 Keith Beck Sonhui Kang 82 West view Drive Kalispell, MT 59901 Dana Christensen 64 West View Drive Kalispell, MT 59901 Tammy Mallette 520 Lore Lake Road Kalispell, MT 59901 Delores Stroh, Comp. Spec. DOR, Liquor Licensing P.O. Box 1712 Helena, MT 59604-1712 Donald & Rachelle Hines P.O. Box 2721 Kalispell, MT 59903 Russell & Carol Winters 120 West View Drive Kalispell, MT 59901 Cheryl Agan 76 West View Drive Kalispell, MT 59901 John & Nancy Faure 175 Brook Drive Kalispell, MT 59901 Francis & Monte Cre Bennett 42720 S Morton Road Kennewick, WA 99337 No.10641 NOTICE OF PUBLIC FEARING KALISr ELL Cl f PLANNING ROARD AND ZONING COMMISSION June 13, 2006 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, June 13. 2006 beginning at 7_00 PM in the Kalispell City Council Chambers. Kalispell City Hall, 312 First Avenue East, Ka - Interested: persons -are: quest by Earl encouraged to attend: Johnson to change the the hearing and make zoning on a 914C-0 their views and: con - square foot lot located cerns known to the on the west side of Board.. Wfitten. com..-. Meridian Road from R-4 (Two Family Residen- rnents: may be submit=: tialj to P_5 fed to the Kalispell Plan (ResidsntialiPrefesR-5sio- ning;Department at the R Office). . The roe ab&e. address; prior to. J p P hY then date of the: hearing;. is developed with a sin- or.: you:..rnay call, us- at gte family residence at (408), 751-1850, or: e- 130 Meridian Road and mail:ur at: plartning:�:tia- STATE OF MONTANA can be described as Lot tispell:com.for. additional 1 of Block 1, Meridian iitfarmatiait:.-:..::.' Addition located within Section 13. owr,shiQ .:: s/Sean Conratf:fitir'..: FLATHEAD COUNTY 28 North, Range 22 Thomas:.Fl Jerrtr:':::": West. Planning.;Dirfiidor.; lisped, The planning 4. A request by the IDAVIT OF PUBLICATION board will hold a public City of Kalispell tc hearing and take public amend the Kalispell comments on the follow- Growth Policy 202C nv ing agenda items. The expanding the boun.c- Board will make a rec- ries of the Growth Po,loy ommendation to the Ka- northward using the lispell City Council who Stillwater Diver as the will take final action, western boundary. Church and Birch Drives 1. A request by Alien as the northern boun- and Virginia Riebe, Wil- dary and generally fol- liam and Cindy Riebe lowing U.S. Highway 2, and Polly Webster for south to Bose Crossing. annexation, initial zon- The Growth Policy ing and subdivision of amendment is intended approximately 12.8 to give broad policy di - acres located at 386 rection to growth in this and 394 Three Mile area shouid property Drive. Kalispell_ The owners wish to annex to properties are currently the city. The policy an - zoned County R-1 (one ticipates the extension acre minimum lot size). of urban services inctud- The owners have peti- ing sewer and water into tioned to annex into the this area over time am City of Kalispell and is designed to give guid- R-2 (9,500 square foot have requested the City ante to this associated minimum lot size) as growth. well as proposing a 23 5. A request by the lot residential subdivi- cif of Kalispell to sion. The lots within the y p amend Section subdivision would range from 15.000 square feet 27.25.040(11) of the Ka- to 27.6Oo square feet, lispeli Zoning Ordinance The properties included specifically to allow for in the annexation, initial required parking within zoning and subdivision the Special Parking can be described as As- Maintenance District sessors Tracts 3ABB, Na_ 2 (Downtown Kaiis- 3AC. 3AD, 3AB, and Pell) to be met by a 3ACA located within cash -in -lieu of parking Section 12, Township Ipayment. aP it oposed that Specin ial 2fl North, Range 22 Parking Maintenance West. District No. 2 boundary 2. A request by Wayne (Appendix B Figure 2) expandedbe Turner to amend Empire Estates Phase 5 and o include the Kalispell Center Mail add 7 lots to the ap- bounded by Center Droved preliminary plat. W,Street, Fifth Avenue West, Phase includes 12.3 West, the BN RR acres with preliminary racks and North Main approval for 64 lots- street. Due to a change in ac- Documents pertaining cess to Phase 5 and a to the agenda items are redesign of the subdivi- on file for public inspec- sion roads and lots the tion at the Kalispell Owilet .•gas left with ad- planning Department. ,,tie�nai ;and outside of 17 Second Street East, -eIiminary ap- Suite 211, Kalispell. N•17 pro;eil -:s. it is on this 59501, and are :,..,.:._ ac: i:tion a; land the own- , . L. ble for public t-L:'"v �r re•cuesting to add 7 during regular she property is hours. Residentiai). The proc- erty ^an be descnbea .55es5Qr -rag 3 1.4 May 28,.200e. . 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. 10641 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 MAY 28, 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 FO ZAME NUMBER OF INSERTIONS. ell Subscribed and sworn to Before me this MAY 30, 2006 Notary Public for the State of Montana Residing in Kalispell My Commission expires 9f11/09