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Staff Report/Amend Preliminary Plat, Phase 5REPORT TO: SUBJECT: MEETING DATE: City of Kalispell Planning Department 17 - 2 Street East, Suite 211, Kalispell, Montana 5990.1 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanni g.com Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Preliminary Plat request for Amended Plat of Empire Estates, Phase 5 July 3, 2006 BACKGROUND: The Kalispell City Planning Board met on June 13, 2006 and held a public hearing to consider a request by Wayne Turner to amend the approved preliminary plat of Empire Estates Phase 5 and create 7 additional lots. The property lies in the northeast corner of the Empire Estates Subdivision. The amended area includes Phase 5 of the preliminary plat for Empire Estates located on the south side of Parkridge Drive, approximately 'A mile east of the intersection of Parkridge Drive and Stillwater Road. Phase 5 is a portion of Assessor's Tract 3, located in the SW 'A of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Sean Conrad of the Kalispell Planning Department, presented staff report #KPP-06-4 and recommended the Planning Board consider recommending approval of the preliminary plat subject to 20 conditions. At the public hearing Hubert Turner spoke in favor of the subdivision and raised two issues discussed in the staff report, the proposed size of the park area and location of the proposed bike path connection. Mr. Turner felt that the recommended park size of 16,000 square feet was too much and suggested to the board that the park size be reduced to the minimum required. In doing so he stated that $10,000 would be dedicated to develop the park so that it would be established. Mr. Turner also felt the bike path connection from the subdivision to the future highway by-pass should be located north of where the staff report was recommending it be placed and that the path be constructed out of asphalt instead of concrete. After the public hearing the board discussed the parkland dedication requirement and bike path location and construction. The board recommended keeping the requirement for a 16,000 square foot park area. However, the board recommended modifying Condition 7 to read as follows, "A bike/pedestrian path easement, 20-feet wide, shall be shown on the final plat. The bike/pedestrian path shall be constructed out of concrete and be a minimum width of 10 feet." This amendment passed on a 4:1 vote. The motion to recommend approval of the amended preliminary plat to the Kalispell City Council subject to the 17 conditions listed in the staff report in addition to amended Condition 7 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. ALTERNATi VE+`S: As suggested by the City Council. Respectfully subqT#ted, ..... %_..__......� Sean Conrad.� mes H. Patrick Senior Planner City Manager Report compiled: June 23, 2006 Attachments: Transmittal letter Exhibit A (conditions) Staff report #KPP-06-4 and application materials Minutes 6/ 13/06 planning board meeting c: Theresa White, Kalispell City Clerk RESOLUTION NO.5126 A RESOLUTION APPROVING CERTAIN REVISIONS TO THE PRELIMINARY PLAT OF EMPIRE ESTATES PHASE S, MORE PARTICULARLY DESCRIBED AS A PORTION OF ASSESSOR'S TRACT 3 OF EMPIRE ESTATES LOCATED IN THE SOUTHWEST 1/4 OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, the City Council of the City of Kalispell passed Resolution 4806 on July 7, 2003, approving the preliminary plat for Empire Estates Subdivision, subject to certain conditions, and WHEREAS, the City Council of the City of Kalispell passed Resolution 5010 on June 20, 2005, which amended the preliminary plat for Empire Estates Phases 4-6 by converting 21 single family lots to 34 two -unit townhouse lots, and WHEREAS, the Developer now desires to make certain revisions to the preliminary plat of Empire Estates Phase 5, namely, by creating seven additional lots, and WHEREAS, these revisions are considered to be major revisions to the preliminary plat and therefore necessitated the project going before the Kalispell City Planning Board for a third time, 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-06-4 issued by the Kalispell Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the amendment of the Preliminary Plat of Empire Estates Phase 5, subject to certain amended 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 Office Report #KPP-06-4, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the evidence, that the amendment to the Preliminary Plat 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 Office Report #KPP-06-4 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Wayne E. Turner for amendment of the Preliminary Plat of Empire Estates Subdivision, Phase 5, Kalispell, Flathead County, Montana is hereby approved subject to the following amended conditions: Development of the subdivision shall be platted in substantial compliance with the preliminary plat as amended and approved which governs the location of lots and roadways within the subdivision. 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 all new streets within the 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) S. 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) 6. A homeowner's park shall be shown in the area of lots 10, 11 and 12 in Block 14. The park shall be a minimum size of 16,000 square feet. (Findings of Fact, Section D) 7. A bike/pedestrian path easement, 20-feet wide, shall be shown on the final plat a. The bike/pedestrian path shall be constructed out of concrete and be a minimum width of 10 feet. 8. A homeowners association shall be created for the maintenance of the park and bike/pedestrian path. (Findings of Fact, Section D) 9. 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 trail 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). 10. 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 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. 11. The required boulevards for streets within the subdivision 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) 12. 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)) 13. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 14. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 15. A11 areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 16. 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) 17. 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 June 29, 2006 oIECC9 V12� City Council City of Kalispell PO Box 1997 Kalispell, MT 59903 MUSPELL PLANNING DEPARTMENT Re: Preliminary Plat Request Empire Estates Phase 5 (revised) Dear Council Members: I received the revised Conditions of Approval as recommended by the planning board via mail on June 28 h. I am writing to voice my concerns about one of those conditions. Condition number six (6) states the "A homeowner's park shall be shown in the area of lots 10, 11, and 12 in Block 14. The park shall minimum size of 16,000 square feet." Compliance with this condition would require a significant redesign of Block 14 in its entirety. However, if the condition were amended to allow for the park to be placed in the vicinity of lots 3, 4, and 5 of Block 15 this condition could be met with a minor redesign of Block 15. I do not feel that moving the park to this location would greatly impact the utility or recreational opportunity that the park will provide. Also, if the park were relocated, I would be able to provide a larger park. A park in Block 15 could be up to 20,000 square feet. Further, a park located in Block 15 may provide an opportunity for the residents of Meadowland Subdivision to create an access to the bike and pedestrian path that is to be located along the proposed bypass. I truly feel that Block 15 the best location for the park in Phase 5. Your consideration of this proposal is appreciated. Sincerely, Wayne Turner City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 71-1850 Fax: (406) 751-1858 Website: kalispellplanning.corn June 23, 2006 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Preliminary Plat request for the Amended Plat of Empire Estates Phase 5 Dear Jim: The Kalispell City Planning Board met on June 13, 2006 and held a public hearing to consider a request by Wayne Turner to amend the approved preliminary plat of Empire Estates Phase 5 and create 7 additional lots. The property lies in the northeast corner of the Empire Estates Subdivision. The amended area includes Phase 5 of the preliminary plat for Empire Estates located on the south side of Parkridge Drive, approximately 1/4 mile east of the intersection of Parkridge Drive and Stillwater Road. Phase 5 is a portion of Assessor's Tract 3, located in the SW 1/4 of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Sean. Conrad of the Kalispell Planning Department, presented staff report #KPP-06-4 and recommended the Planning Board consider recommending approval of the preliminary plat subject to 20 conditions. At the public hearing Hubert Turner spoke in favor of the subdivision and raised two issues discussed in the staff report, the proposed size of the park area and location of the proposed bike path connection. Mr. Turner felt that the recommended park size of 16,000 square feet was too much and suggested to the board that the park size be reduced to the minimum required. In doing so he stated that $10,000 would be dedicated to develop the park so that it would be established. Mr. Turner also felt the bike path connection from the subdivision to the future highway by-pass should be located north of where the staff report was recommending it be placed and that the path be constructed out of asphalt instead of concrete. After the public hearing the board discussed the parkland dedication requirement and bike path location and construction. The board recommended keeping the requirement for a 16,000 square foot park area. However, the board recommended modifying Condition 7 to read as follows, "A bike/pedestrian path easement, 20-feet wide, shall be shown on the final plat. The bike/pedestrian path shall be constructed out of concrete and be a minimum width of 10 feet." This amendment passed on a 4:1 vote. The motion to recommend approval of the amended preliminary plat to the Kalispell City Council subject to the 17 conditions listed in the staff report in addition to amended Condition 7 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-06-4 and application materials Minutes 6/ 13/06 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Wayne E. Turner 3300 Hwy 2 West Kalispell, MT 59901 (406) 257-1682 F.IUMC ' A AMENDED PLAT OF EMPIRE ESTATES PHASE 5 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: Development of the subdivision shall be platted in substantial compliance with the preliminary plat as amended and approved which governs the location of lots and roadways within the subdivision. 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 all new streets within the 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 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) 6. A homeowner's park shall be shown in the area of lots 10, 11 and 12 in Block 14. The park shall be a minimum size of 16,000 square feet. (Findings of Fact, Section D) 7. A bike/pedestrian path easement, 20-feet wide, shall be shown on the final plat a. The bike/pedestrian path shall be constructed out of concrete and be a minimum width of 10 feet. S. A homeowners association shall be created for the maintenance of the park and bike/pedestrian path. (Findings of Fact, Section D) 9. 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). 10. 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. 11. The required boulevards for streets within the subdivision 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) 12. 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)) 13. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 14. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 15. All areas disturbed during development of the subdivision shall be re -vegetated with a weed --free maims immediately after development. 16. 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) 17. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). AMENDED PLAT OF EMPIRE ESTATES PHASE 5 PRELI]VUNARY PLAT KALISPELL PLANNING OFFICE STAFF REPORT KPP-06-4 JUKE 2, 2006 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request to amend the preliminary plat for Empire Estates Phase 5. A public hearing on this proposal has been scheduled before the planning board for June 13, 2006 in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. BACKGROUND: The City Council approved the preliminary plat for Empire Estates on July 7th 2003. Since that approval the owners have moved the subdivision forward in phases. In 2005 the owners requested an amendment to Phases 4-6 that would convert 21 single family lots to 34 two unit townhouse lots. The City Council reviewed the amendment request and on June 20+h 2005 approved the owners request to amend Phases 4-6. The owners are now proposing to amend the preliminary plat for Empire Estates Phase 5 that would add 7 lots to this particular phase of the subdivision. The property is located on the northeast corner of Three Mile Drive and Stillwater Road. A. Petitioner and Owners: Technical Assistance: Wayne E. Turner 3300 Hwy 2 West Kalispell, MT 59901 (406) 257-1682 Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 (406) 755-6581. S. Nature of Application: This is a request for an amendment to the preliminary plat approval of Empire Estates Phases 5. The amendment request stems from two circumstances for this particular phase, one is the road access the second is redesigning several lots so that they comply with the subdivision regulations. When the City Council granted preliminary approval for Empire Estates, Phase 5 they included a roadway connecting it to other phases of the subdivision on the west side of the bypass highway via a City roadway. Since 2003 a new subdivision, Northland Subdivision, was approved in 2004 and has extended Parkridge Drive west to Stillwater Road. This enabled two interior streets within Phase 5 of Empire Estates, Getty Drive and Barron Way, to connect to Parkridge Drive thus eliminating the need to cross the highway bypass, which the owner states in his application that the highway department would not have allowed. The redesign of the subdivision roads to meet the City's subdivision regulations has allowed an area previously set aside for a homeowner's park to be further subdivided. In addition to redesigning the roadway in the southern portion of Phase 5, it was found that several lots in the northern portion of Phase 5 did not comply with the subdivision regulations. Therefore, the owners have redesigned several lots within the subdivision to bring them into compliance. The owners achieved this by eliminating a proposed cul-de-sac road shown on the approved preliminary plat. With the elimination of the cul-de-sac, the owners found they had additional land to create several more lots in the vicinity of the old cut -de -sac which would meet the zoning requirements. Due to the redesign of the subdivision, the owners are requesting to amend the preliminary plat approval for Phase 5 and create 7 additional lots within this phase. This includes creating two sublots in Block 15, two lots in Block 14 and one lot and two sublots in Block 12. C. Location and Legal Description of Property: The property lies in the northeast corner of the Empire Estates Subdivision. The amended area includes Phase 5 of the preliminary plat for Empire Estates. Empire Estates subdivision lies at the northeast corner of Three Mile Drive and Stillwater Road or approximately three quarters of a mile west of North Meridian Road. Phase 5 is a portion of Assessor's Tract 3, located in the SW 1/4 of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. D. Size: Total Area: Total Lot Area in Lots: Area in Roads: Minimum Lot Size: Maximum Lot Size: 12.3 acres 8.87 acres 3.43 acres 3,800 square feet (sublot) 7,000 square feet E. Existing Land Use: The property is currently undeveloped. F. Adjacent Land Uses and Zoning: The surrounding area is residential with most of the land to the west in Phases 1 through 4 of Empire Estates which is currently being developed. There is also an approved subdivision, Northland Subdivision, immediately north of Phase 5 and a County subdivision immediately east. North: Northland Subdivision, City R-3 zoning South: Empire Estates Phases 1 through 4, City R-4 zoning East: Rural residential, County R-2 zoning West: Empire Estates Phases 1 through 4, City R-4 zoning G. General Land Use Character: The general land use character of the area is urban residential with single family and duplex lots surrounding the subdivision. Surrounding subdivisions include Empire Estates, Northland Subdivision and Bitterroot Heights within the City and a residential subdivision located in the County immediately east of Empire Estates Phase 5. H. Zoning: This property is zoned R-4, a Two Family Residential zoning district, that is intended primarily for single-family homes and duplex dwellings. This 2 district has a minimum lot size requirement of 6,000 square feet and allows the creation of sublots with a minimum lot size requirement of 2,000 square feet for each sublot. The minimum lot size requirement for the parent tract is 6,000 square feet in the case of sublots. A minimum lot width in the R-4 zone is 50 feet and the setbacks are 15 feet in the front, 10 feet in the rear and five feet on the sides. In the case of the sublots there is a zero side yard setback and essentially two single-family homes are built side by side in a "two unit townhouse" configuration. I. Utilities: This subdivision would receive full City services. Water: City of Kalispell Sewer: City of Kalispell Solid Waste: Contract hauler Gas: NorthWestern Energy Electricity: Flathead Electric Co-op (underground) Telephone: CenturyTel (underground) Fire: City of Kalispell Police: City of Kalispell Schools: Kalispell School District #5 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. The property can be considered to be at low risk of fire because the subdivision and homes within the subdivision would be constructed in accordance with the Uniform Fire Code and have access which meets City standards. All of the lots will abut a street that has been constructed to City standards. The property does not have steep slopes or woody fuels. Hydrants will be required to be placed in compliance with the requirements of the International Fire Code and approved by the fire chief. The fire access and suppression system should be installed and approved by the fire department prior to final plat approval because of potential problems with combustible construction taking place prior to adequate fire access to the site being developed. Flooding: According to FIRM Panel #18051) 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 stormwater runoff which has the potential to create problems with flooding. Access: Access to Phase 5 would be from Parkridge Drive, a City maintained roadway located north of the subdivision. Portions of Parkridge Drive are still under construction however, when completed, the road will be constructed to City standards. Parkridge Drive runs east to west connecting lots within the 3 Northland Subdivision, north and east of Phase 5, to Stillwater Road. Two internal roads within Phase 5, Barron. Way and Getty Drive, connect to Parkridge Drive. All of the lots within Phase 5 will have access to either Barron Way, Hurst Drive or Getty Drive. During the initial review of Empire Estates the developer had proposed extending Barron Way south across the proposed bypass and connecting Barron Way with Trump Drive, located in Phase 4. However, since preliminary plat approval was given to Empire Estates in 2003, the Montana Department of Transportation has denied access across the bypass right-of-way. Therefore, all access into and out of Phase 5 will be via Barron Way or Getty Drive and Parkridge Drive. B. Effects on Wildlife and Wildlife Habitat: This property is generally level with a gentle slope and was used for agricultural purposes. 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. No surface water is in close enough proximity to the site to create concerns with regard to this development. Drainage: This site is relatively level and does not pose any unusual challenges to site 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 the stormwater management plan. The drainage plan will have to comply with the City of Kalispell's standards and State standards and will be required to be designed by a professional engineer. D. Effects on Local Services: Water, Water service is being provided to the subdivision by the City of Kalispell. Some or all of the water mains needed to serve this subdivision have been designed as part of previous phases of Empire Estates and would not generally be effected by the proposed addition of 7 lots. The system will be designed to meet the required fire flows of the fire code. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department and the Kalispell Fire Department as part of the development of Phase 5. There is adequate capacity within the City's water system to accommodate this development. Sewer: Sewer service will be provided by the City of Kalispell with an extension of existing sewer mains from their existing location to the west. No easements for the sewer would need to be acquired from private property owners. Design and construction of the mains will be reviewed and approved by the Kalispell Public Works Department. There is adequate capacity within the sewage 4 treatment plant to accommodate this development_ Roads: There will be limited additional impacts to the internal roadways within Phase 5 as well as Parkridge Drive and Stillwater Road by adding 7 lots to this phase. A traffic analysis was done as part of the original approval of Empire Estates Subdivision that recommended some mitigation once the subdivision is further developed. Recommendations included stop signs within the development and Stillwater Read be improved to have centerline and shoulder striping. Speed limit signs to be posted on Stillwater Road at both ends of the development and near the southbound approach to the subdivision. Stillwater Road is a County road that has a 60--foot right of way. It is designated as a collector in the Kalispell Transportation Plan which requires a 60-foot right-of-way and no additional right-of-way would be needed to be reserved for future upgrades. Stillwater Road will continue to be increasingly important as a through connection as development in this area continues, particularly as the new high school is built to the north of this property on the State school trust property. The Parks and Recreation Department has previously worked with developers by approving appropriate street trees to be planted within the boulevard strip. 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 Parks and Recreation Department has requested future lot owner(s) be noted that they must maintain the boulevard strip and no removal of grass or street trees can occur without approval from the Parks and Recreation Department. Therefore, conditions have been added to the proposed subdivision to address the Department's concerns regarding the street boulevards. Schools: This development is within the boundaries of the Kalispell School District #5. The school district could anticipate that an. additional 4 school aged children might be generated into the district with the addition of 7 lots within Phase 5. 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 phases of development for Empire Estates in addition to other developments pending within the district - both urban and rural, particularly with high school -aged students. The school district received approval for school bonds to construct a second high school on 60 acres to the north of this site in the area of the State school trust land. The new high school location is approximately one mile from this property, and it is anticipated that the school would be opened by fall of 2007. 5 Parks and Open Space: The Empire Estates subdivision was approved by the Kalispell City Council in July of 2003. The approval allowed the developers to proceed to plat 347 lots over 67.1 acres of land in six phases. The parkland dedication required to meet the subdivision regulations included the developer providing a combination of parkland and cash in lieu fee for parkland totaling I I percent or one -ninth of the area proposed to be divided into lots. The area proposed to be divided into lots totaled 41.053 acres requiring 4.516 acres of parkland/cash in lieu fee for the entire 347 lot, six phase subdivision proposal. In order to meet the 4.516 acres of parkland the approved preliminary plat required the developer to dedicate a park area, approximately 1.75 acres in size, to the City of Kalispell in Phase 1 of the subdivision. The remaining 2.768 acres was required to be met with cash in lieu of parkland fees. The valuation stated for the property at the time of subdivision review was $15,000 per acre which provided for a cash in lieu of parkland value of $41,520 which would be used to develop the park area within Phase 1. The cash in lieu of parkland fee of $41,520 has been paid by subsequent final plat filings of Phases 2, 3 and 4. Therefore, the developer has met the parkland requirements for the Empire Estates subdivision, including Phase 5. The developers had proposed a park area., approximately 0.645 of an acre in size, within Phase 5 in their original subdivision application. In reviewing the Empire Estates subdivision in 2003 the staff report noted the 0.645 acre park area but the City did not accept this park towards meeting the required parkland dedication for the subdivision as a whole. However, the developer retained the 0.645 acre park as part of the design amenity package for the subdivision and proposed to turn this area over to a future homeowners association for improvement and maintenance. A copy of the preliminary approved plat showing the park area in Phase 5 is attached. When the subdivision was originally reviewed in 2003 Phase 5 was connected to Phases 1, 2, 3, 4 and 6 via a roadway across the future highway bypass. It was the road connectivity that provided easy access for the residents of Phase 5 to get to the City park dedicated in phase 1. Now, however, the highway bypass will be built in the next several years and the roadway proposed to connect Phase 5 to the City park on the west side of the bypass can no longer be built. Therefore, Phase 5 is viewed as a separate stand alone subdivision with no connectivity to the City park dedicated in Phase 1. The developer is now requesting to eliminate the 0.645 acre parkland area shown on the approved preliminary plat and redesign the subdivision to accommodate more lots in this area. Given the isolated nature of Phase 5 and the location of the 0.645 acre parkland area, the parkland area would not function as a homeowner's park very well. However, it is important to provide for a parkland feature as part of the design package for the subdivision. The Kalispell Subdivision Regulations allow the City to require subdivisions whose residential densities exceed 11,880 square feet per dwelling unit to 6 provide parkland in the amount of .03 acres per dwelling unit. With the addition of 7 lots the density within Phase 5 exceeds the 11,880 square feet dwelling unit density. Therefore, the proposed addition of 7 lots requires a. parkland dedication of 0.21 of an acre or 9,148 square feet. The developers have proposed a 9,148 square foot homeowners park in the area of lots 10, 11 and 12 in Block 14 which are at or near the intersection of Barron Way and Getty Drive. The City's Site Review Committee favored the central location of the homeowner's park as proposed by the developer however the Site Review Committee recommended the park be a minimum of 16,000 square feet in size in order to better function as a park and provide more open space. The Site Review Committee recommended the larger park area as a way to mitigate the loss of the 0.645 acre (28,096 square feet) park area approved on the preliminary plat. In addition to addressing parkland and open space within the amended subdivision, the Site Review Committee also discussed the need for a bike/pedestrian path to connect to the future bike path along the highway bypass. A proposed bike/pedestrian pathway linking lots within Phase 5 to the future bike path along the highway bypass was discussed in the vicinity of lot 12 A or B in Block 12 along Barron Way. This area was proposed as an option because an existing water main is located in this area and the bike/pedestrian path could be constructed over the accompanying utility easement. Although this is an option the Planning Department would recommend the bike/pedestrian path be located farther south in the area of lot 713 of Block 12. A bike/pedestrian path located on this lot could be designed to match up with a future crosswalk and sidewalk at the intersection of Barron Way and Getty Drive and lead to the homeowner's park, which is being recommended in the area of lots 10, 11 and 12 of Block 14 as shown on the preliminary plat. The bike/pedestrian path should be constructed from the far western edge of the property boundary and extend east to the curb line matching up with a crosswalk for Barron Way. The bike/pedestrian path should also be located within a 20-foot wide easement, constructed out of cement for longevity, and be a minimum width of 10 feet. These recommendations have been formulated into conditions of approval for the requested amended plat for Phase 5. Police: This subdivision would be in the jurisdiction of the City of Kalispell Police Department. The Department has stated they can 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 and additional staff may be necessary. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department, and the subdivision will need to meet the requirements of the: International Fire Code. The Fire Department will review and approve the number and location of hydrants within the subdivision as well as fire flows and access. Although fire risk is low because of good access and fairly level terrain, the Fire Department is recommending that access to the subdivision, street signs and the hydrants are in, place prior to final plat approval and / or 7 use of combustible materials in construction. Solid Waste: Solid waste will be handled by a private hauler and taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the Fire Department and ALERT helicopter service. Kalispell Regional Medical Center is close, less than two miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has previously been evaluated on its potential effects on agriculture. Due to the location of the subdivision and surrounding land uses being urban in nature, the addition of 7 lots within Phase 5 will not have a significant impact on agriculture. Furthermore, there will be no impact on agricultural water user facilities since this property will be served by a public water system. F. Relation to the Kalispell Growth Policy: This property is in the Kalispell Growth Policy's potential utility service area and is anticipated for this type of urban scale development at the time of connection to City utilities. The future land use map 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 3 to 12 dwelling units per gross acre. The existing R-4 zoning on the property is consistent with the Urban Residential land use designation. G. Compliance with Zoning: This property has been zoned R-4, a Two Family Residential district that is intended for single-family and duplex dwellings. This district has a minimum lot size requirement of 6,000 square feet and allows the creation of sublots with a minimum lot size requirement of 2,000 square feet for the sublots. The minimum lot size requirement for the parent tract is 6,000 square feet in the case of sublots. A minimum lot width in the R-4 zone is 50 feet and the setbacks are 15 feet in the front, 10 feet in the rear and five feet on the sides. In the case of the sublots there is a zero side yard setback and essentially two single-family homes are built side by side in a two unit townhouse configuration. All of the lots in the subdivision comply with the zoning requirements of the R-4 district. H. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations and no variances have been requested. RECOMMENDATION Staff recommends that the Kalispell City Planning Board adopt Staff Report KPP-06-4 as findings of fact and recommend to the Kalispell City Council that the amended preliminary plat be approved subject to the following conditions: 8 Development of the subdivision shall be platted in substantial compliance with the preliminary plat as amended and approved which governs the location of lots and roadways within the subdivision. 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 all new streets within the 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 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) 6. A homeowner's park shall be shown in the area of lots 10, 11 and 12 in Block 14. The park shall be a minimum size of 16,000 square feet. (Findings of Fact, Section D) 7. A bike/pedestrian path easement, 20-feet wide, shall be shown on the final plat in the area of lot 7B of Block 12. a. A bike/pedestrian path shall be constructed from the far western edge of the easement boundary and extend east to the curb line matching up with a crosswalk for Barron Way. b. The bike/pedestrian path shall be constructed out of cement and be a minimum width of 10 feet. C. The 10-foot bike/pedestrian path shall be included in the infrastructure plans reviewed by the Public Works Department. (Findings of Fact, Section D) 8. A homeowners association shall be created for the maintenance of the park and bike/pedestrian path. (Findings of Fact, Section D) C 9. 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). 10. 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. 11. The required boulevards for streets within the subdivision 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) 12. 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)) 13. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 14. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 15. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 16. 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) 17. 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 D E0FE0VIF City- of Ka ispe qAY , t Z '• - Planning Department fiA�fSFE�L PiAN i, G EPAl4TM NT 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 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 $350 base fee Re -configured Proposed Lots Base fee + $40/lot Add Additional Lots or Sublots Base fee + $100/lot Subdivision Variance $100 (per variance) Commercial and Industrial Subdivision Add $200 to base preliminary plat fee SUBDIVISION NAME: � ' J OWNERS) OF RECORD: Name emG Phone .2.572 -1�_ Mailing Address 3340 /v t✓a City &fig&jg� _ State _ , r -----Zip57-9 9.2 _...,, TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name & Address ' ` /, .5,Aoe Name & Address Name & Address LEGAL DESCRIPTION OF PROPERTY: Property Address Assessor's Tract No(s) _ _1S2Lot No(s) 1/4 Sec - Section Township _ _ Range GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces _ /� Total Acreage in Subdivision Ax? 30 Total Acreage in Lots S'�%3 Minimum Size of Lots or Spaces Total Acreage in Streets or Roads 3 5�3 5/ Maximum Size of Lots or Spaces Total Acreage in Parks, Open Spaces and/or Common Areas ___(2- PROPOSED USES) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family VS Townhouse A!!; Mobile Horne Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other APPLICABLE ZONING DESIGNATION & DISTRICT W V ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS IMPROVEMENTS TO BE PROVIDED: Roads: Gravel )C Paved ,,,,- ,_Curb )< Gutter JlC Sidewalks }C' Alleys Other Water System: Individual Multiple User Neighborhood Public —Other Sewer System: Individual Multiple User Neighborhood Public _Other Other Utilities: Cable TV _Telephone -ic Electric �Y_Gas Other Solid Waste: Home Pick Up Central Storage Contract Hauler _Owner Haul Mail Delivery: Central Individual School District: Fire Protection: Hydrants _Tanker Recharge Fire District: X�L + G Drainage System: go µ S� * ©r- .22PXIL� PROPOSED EROSION/SEDIMENTATION CONTROL: ez2&4 VARIANCES: ARE ANY VARIANCES REQUESTED? aa_ (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 ALTERNATIVES) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: 2 PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW: Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? 2. Will the variance cause a substantial increase in public costs? 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations, Master Plan or Growth Policy? 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? 5. What other conditions are unique to this property that create the need for a variance? 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. b. Adjoining Property Owners List (see example below and attached notice from County Plat Room): Assessor# Sec-Twn-R sn Lot/Tract No PrORerty Owner & Ma!ftg Address I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. Gz� (Applicant) (Date) rd May 8, 2006 Sean Conrad Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, MT 59901 RE: Empire Estates Phase 5 ©ear Sean: As you requested I am writing to explain the circumstances of our application to change to preliminary plat of Empire Estates Phase 5. The primary reasons for making the changes are that the current plat does calls for an access point that is not allowed and has several lots with double frontage which does not comply with the sub -division regulations. When the original plat of Empire estates was approved back in 2003 it was projected that we would access Phase 5 via a new road that we would build across the proposed bypass right-of- way. Since that time a new sub -division has been appoved and constructed to the north of Empire Estates. We are now able to access phase 5 without crossing the bypass, which the 1Ul©OT would not have allowed. This change of access has required that we redesign the southern portion of phase 5 to make sure that it met sub -division requirements. This redesign has created new lots which require the plat to be resubmitted for your review and approval. Also, while redesigning the southern portion or the phase because of the access change it was found that several lots in the northern portion of the phase do not comply with the subdivision regulations. Because of this we redesigned that portion to bring it into compliance. To do this we eliminated a cul-de-sac and re configured the lots. When we did this we ended up with extra large lots. When we reduce the size of the lots to the zoning standards it was found that we gained additional lots. Overall, we are asking to add a total of 7 units to the phase. If you have any questions please give me a call at 261-0728. Sincerely, Hubert Turner JUUNITED STATES POSTAL SERVICE Date: 5-22-2006 To: City of Kalispell Planning Department p ECEOVA MAY' 23 17 2nd Street E Ste 211 KALISPELL PLANNING DEPARTMENT Kalispell, MT 59901 RE: Empire Estates Phase 5 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 SettingsITHSBPOWy Dacuments,Growth Management\Growth Management%Projects;Comments to Kalispell Planning Dept Village Plaza Inc.doc PRELIMINARY PLAT - AMD PLAT OF PHASE 5 OF EMPIRE ESTATES, A 71 LOT (45 SINGLE FAMILY LOTS AND 26 TOWNHOUSE LOTS) ON APPROXIMATELY 12.3 ACRES IN THE R-4 (TWO FAMILY RESIDENTIAL) DISTRICT r PLAT DATE 5/3/06 H:\gis\site\kPp66-4.dwg Di. ssMSSUKMW4% l- 2V.„L,, a.®oaa, Y7 0"1 (406) 7"4 l JUSNOs _ . B91" nsIM Apa JJ,Uft EOYIOWNCBs M.— Revised PreNnInary Plat oB Empire Estates, Phase 5 Located In the W1/2 SWIM K Section 1, T.28N., R.22W., P3L,M., Flathead County, Montano Total Area: 12307 Ae. Lots (71). 8.873 Ac. Roads: 3A34 Ae. a���vos.�r.,.sov�ras• r wr".r+rrr"r ris r. iAraia r®i.esr. "ir.,m.rrwsr.+. ow. rnenrwm...rrv. .r.r rr. wu�arw+r rw rs svv r r..r w'�"i. aMvsss.err�e.rrr.yror,r.+rr, w.r.rrr.+. r......e.r.�.. r APPROVED PRELIMINARY PLAT PHASE 5 EMPIRE ESTATES 8 L O K 131 II Ll 1 2 3 4 gl 63• 66, ae Ik 15 Cn W - 14A H H-"{l �=T $f� 47 f-II o p 14 6a• 13B -1 I Ik -- I I I r 13A It 13 128 12A 12 3 m� 4 " I 0610 r'' ,. i o ' " -- 1 �1 •/ rar r,r I I 11 N64.70' f1/ ` \�7 15 foe _?� ,� „r I � I ,o � ' jp3 i� 8 al 6 r ,\ ,\\ 14 10A 9143 15o06r10rA"II ii -- —X-�� 13 376.' 9' kaT \9 , 9A ,aa• 8B '�(\� ^� 12 II I 8�11 ALTER TIVE i--- > RIGHT- F-WAY N 10 R1 v I6 7 a 0 678 7A \� �n \m 11 ^ � 6 11 ( 6B\V X� � J ,•%�• j v 5 6A lea ea ' Bg• 3 4A 2 3B' -\ v\�\ / \ /'1't 3A \ \ 1 C SCALE 1 Inch = 100 Feet %� 1B b\ 1A 0.645 AC W� City of Kalispell Planning Department 17 - 2 d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com MEMORANDUM TO: Kalispell City Staff Other Interested Parties FROM: Sean Conrad, Senior Planner RE: May 18th Site Review Committee meeting DATE: May 10, 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 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. 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 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 Jim Hansz, Public Works Director Mark Crowley, Construction Manager Sandy Wheeler, Community Redevelopment Susan Moyer, Community Development Director Craig Kerzznan., Chief Building Inspector Charles Harball, City Attorney MDOT, Steve Herzog Superintendent, Kalispell School District No. 5 USPS, Susie Carter Land Planning, MDT - Helena c: w/o attachments: Applicants CERTIFICATION APPLICANT: Wayne Turner, Amd Plat Phase 5 Empire Estates FILE NO: KPP-06-04 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 adkoinina the property lines of the property that is requesting an amended preliminary Plat. S-T-R: 1-28-22 Lot/Tracts# 3 Property Owner/Mail Address: Wayne Turner 3300 Highway 2 West Kalispell, MT 59901 Sands Surveying 2 Village Loop Kalispell, MT 59901 Date: ` AND ATTACHED LIST City of Kalispell Planning Department 17 - 2n4 Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.eom 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 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 is 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 willl 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 West. 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 ]Vest. 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 (Toro 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 West. Blue Heron Ph 2 A March I6, 2006 Page'2 4. A request by the city of Kalispell to 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 Parldng Maintenance District No. 2 boundary (Appendix B, Figure 2) be expanded to include the Kalispell Center Mall bounded by Center Street, Fifth Avenue Nest, the BN RR Tracks and North Main Street. 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 planningkal.ispell.com for additional information. Wayne Turner Sands Surveying Mark & Michelle Heasley 3300 Highway 2 West 2 Village Loop 249 Three Mile Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Mark & Cheryl Roberts Joanne Tan Toudic Detoni Investments, LLC Philippe22 Duke Drive hill Carol Lane 13271 Bubbling Well Road Kalispell, MT 59901 1064 Lafayette, CA 94549 Tuston, CA 92780 Nancy & Robert Dueker Jeane Allison Lester 8s Carolyn Wondrow P.O. Box 669 144 Empire Loop 1363 S. Ocotello Drive Kila, MT 59920 Kalispell, MT 59901 Cottonwood, AZ 86326 Cheryl Buckham Joe & Amy Arriaga Aaron. McCracken P.O. Box 1376 138 Empire Loop 136 Empire Loop Kalispell, MT 59903 Kalispell, MT 59901 Kalispell, MT 59901 Laci Corpron Paul Bley William & Lisa St. Clair David Slack, Jr. 335 - 4+h Avenue 724 Calle Divino 134 Empire Loop Havre, MT 59501 San Clemente, CA 92673 Kalispell, MT 59901 Se Woong Lee Nina Bezel' Ryan & Anna Lantin Sun Ah Yoon 16 Villanova Sniezan Osmanagic 21314 Mildred Avenue Irvine CA 92606 1263 W 7th Street Torrance, CA 90503 San Pedro, CA 90731 Rebecca O'Donnell Construction Theodore & Brianne Pacheco Bud &Amy King 120 Empire Loop 118 Empire Loop Kalispell, MT 59901 Kalispell, MT 59901 P.O. Box 946 Maple Valley, WA 98038 Terry 8s Karen Atha Donald & Linda BouwmanKaren Cromwell dames iellier 15455 North Fork Road 340 McGregor Lane 161 Empire Loop Polebridge, MT 59928 Marion, MT 59925 Kalispell, 59901 Loop Brian & Karie Stidham Jacqueline Hledik Joseph &.Dawn Miller Christopher Whiteaker 163 Empire Loop 355 Shelter Valley Drive 89 CNorthern Lights Blvd Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Michelle Currier Allison Price Brett & Doni Bennett 171 Empire Loop 70 Townhouse Court 129 Empire Loop Kalispell, MT 59901 Sumter, SC 29150 Kalispell, MT 59901 Shirley Jackman Jonathan & Susan Alper Northview Heights, LLC Dorothy Smith 330 Plantation Drive 690 North Meridian Road, #210 131 Empire Loop Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Mark & Joann Cutler Robert & Christine Farrington Darlene Rain 24 W. Northview Loop 215 Meadows Road P.O. Box 7281 Kalispell, MT 59901 Whitefish, MT 59937 Kalispell, MT 59904 Laurie Guillory, Jr. Tony & Amy Fantozzi Gail Derrickson Jennifer Guillory 1114 - 4th Avenue East 35 Ford Way 1485 Church Drive Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Christopher & Tonia Nestell Jon. Bostrorn Michael G. Alpert Trust P.O. Box 7355 9155 Olive Street 1522 Upland Hills Drive North Kalispell, MT 59904 Temple City, CA 91780 Upland, CA 91784 Dean & Carol Eckholt Jesse & Cassandra Juntunen Bridgeland Development, LLP 80 Empire Loop 78 Empire Loop 622 St. Andrews Drive Kalispell, MT 59901 Kalispell, MT 59901 Columbia Falls, MT 59912 Darwin Hamilton Mark Hensley Richard J. Avery 228 Fox Hill Drive P.O. Box 48 P.O. Box 1797 Kalispell, MT 59901 Kalispell, MT 59903 Forney, TX 75126 Scott & Wanda Grace William & Jean Hayward Robert Bouillon 25 Grizzly Way 1314 Pennacle Court P.O. Box 4539 Kalispell, MT 59901 Paso Robles, CA 93446 Whitefish, MT 59937 A A Avery, Inc. NW Montana Human. Resources Ron Terry Construction, Inc. DBA Avery Building Company P.O. Box 8300 7 Meridian Court 2858 US Highway 93 South Kalispell, MT 59904 Kalispell, MT 59901 Kalispell, MT 59901 Skye, Inc. Pamela Bouillon. James Lee Construction, Inc. P.O. Box 317 5123 E Pinegrove Drive P.O. Box 264 Kila, MT 59920 Coter d'Alene, 1D 83815 Kila, MT 59920 Michael Gunter Stephen & Karen Dunfee Karl & Joyce Erickson. 165 Cheviot Loop 178 Cheviot Loop 170 Cheviot Loop Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901 Clerk O. Loren 8s Denise Sallee Michael W. Fraser City City ClCl Kalispell 162 Cheviot Loop 300 Three Mile Drive P.O. Box 1997 Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59903 Church of Christ 241 Stillwater Road Kalispell, MT 59901 Jeff Harris Flathead County Planning 1035 First Avenue West Kalispell, MT 59901 Jennifer Vojta 38 Empire Loop Kalispell, MT 59901 Don Hines Flathead County Planning Board P.O. Box 2721 Kalispell, NIT 59901 Bighorn Development 8s Homebuilders P.O. Box 7397 Kalispell, MT 59904 No. 10641 NOTICE OF PUBLIC HEARING KALISPELL C17Y PLANNING QOARD 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 Plvl ;n the Kalispell Cav Council Chambers, Kalispell City Nall, 312 First Avenue East, Ka - STATE OF MONTANA FLATHEAD COUNTY 28 North, Range 22 :.. g iftmmas:R:.Jentr West. Pt - Interested: R request by Erf Interested persons=are, encouraged. to attend- Johnson to change tl^e the hearing and make ,oning on a 9.400 their views and can - square foot lot located cerps -known to the on the west side of Board.. Written cam - Meridian Road from R-4 ments..may be: submit, (Two Family Residen- ted to: the -.. Kalispell Plan= Hal) to (Residentia /ProfesR- rring: Department at:the Pal Office;. The property ab&e: address; prior -:to: is l Office). with a sin- the;: date, of .the: hearing;. gle family residence at o.r`.yod..may..call. Us at 130 Meridian Road and (406). 7.1-1r850..nr.:e: can be described as Lot maikll._00 plani doidfial 1 of Block 1, Meridian Iislreli_corrr. fnr•. adifitionai Addition located within iitfdrrnaiiarr, Section 13, Township /a/SaariConr:3414hr`11 lispell. The planning 4. A request by the board will hold a public city of Kalispell toe hearing and take public amend the Kalispell comments on the fallow- Growth Policy 202C, t:y Ing agenda items. The expanding the boun,-- Board will make arec- Ties of the Growth Policy otnmendation to the Ka- northward using the lispell City Council who Stillwater River as the will take final action. western boundary, 1. R request b Allen Church and Birch Drives q y as the northern boun- and Virginia Liebe, Wil- dary and generally fot- liam and Cindy Riebe lowing U.S. Highway 2, and Polly Webster for south to Rose 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 should 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 includ- The owners have peti- ing sewer and water into tioned to annex into the this area over time and City of Kalispell and is designed to give gold A-2 (9,600 square foot have requested the City ance to this associated minimum lot size) as growth, well as proposing a 23 5. A request by the lot residential subdivi- city of Kalis ell to am sion. The lots within the end Section subdivision would range 27 25.040(11) of the Ka - from 15,000 square feet to lispell Zoning Ordinance The properties erties included square feet. specifically to allow for Trequired parking within in the annexation, initial the Special Parking zoning and subdivision Maintenance District can be described as As- No. 2 (Downtown Kalis- sessars Tracts 3ABB, pelf) to be met by a 3AC. 3AD, 3AB, and cashan-lieu of parking SAGA Eocated within payment. In addition, it Section 12, Township is proposed that Special 28 North, Range 22 Parking Maintenance West. District No. 2 boundary 2. A request by Wayne b(Appendix added tF`gure 2) Turneramend Empire the Kalispell Center Mail de Estatess Phase 5 and bounded by Center add 7 lots #o the ap- Street Fifth Avenue Droved preliminary plat. West, the BN RR Phrase 5 includes 12.3 acres with preliminary !racks and North Main plat 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 OVIner ryas left with ad- Planning Department. divonai land outside of 17 Second Street East. tht: :.;a :ti-eliminary an- Suite 211, Kalispell. '%1.T armed i:as. It is on this 59901, and are :ivaia- :ao_::tionas land the own-ble for public <ev,_­2 r ..; renuesting to add 7 during regular ttic;.: ' os. he property i.a s hours. r, :e_i.P-4 (Two Family Re.Gi aential). The proo- er � .an be desc.berl 114 Seotsor .. .-0"NF)- IDAVIT OF PUBLICATION May 28,: 2.00&:.:. 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 THE SAME NUMBER OF INSERTIONS. Subscribed and sworn to Before me this MAY 30, 2006 Notary Public for the State of Montana Residing in Kalispell My Commission expires 9/11/09 :%