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Staff Report/Preliminary PlatTri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricitygeenturyteLnet www.tricitypiatining-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT: The Greenery Preliminary Plat Approval MEETING DATE: May 3, 2004 BACKGROUND: This is a request by Nolan Holdings for preliminary plat approval of a ten lot mixed use subdivision on approximately 3.836 acres in the northwest part of Kalispell. The property is located on the southwest corner of Hwy 93 and Four Mile Drive where The Greenery landscaping business has been operating for many years. The development will be know as The Greenery PUD, a planned unit development (PUD) proposed for annexation into the city of Kalispell concurrently with the preliminary plat and given an underlying zoning designation of R-5, Residential / Professional Office. This zoning district allows single-family and duplex dwellings as a permitted use as well as professional and medical offices. There are two components to the PUD: One is residential that lies on the western portion of the site and contains six duplex townhouse sub lots and is accessed from an existing City street, Parkway Drive. The other component is commercial in nature and includes four sub lots within a parent tract and has a common access, parking and landscape area. The entire development contains approximately four acres with approximately one acre devoted to the residential component and approximately three acres devoted to the commercial component. It is anticipated that this development would be completed in one phase with the build out for the entire development to be approximately two years. The Kalispell City Planning Board held a public hearing regarding this matter at their meeting on April 13, 2004. The applicant spoke in favor of the proposal and noted that he had pulled a previous residential project that the neighbors to the south objected to because of their views. He felt he had been able to address most of their concerns. There were several neighbors from the south in Sunrise View Subdivision who objected to the project because of the impact on their views. The planning board discussed the issues related to the types of uses proposed, the impact on the views and the developer's attempts to work with the existing neighborhood. A motion was made and passed on a unanimous vote to forward a recommendation that the Kalispell City Council approve the preliminary plat subject to the recommended conditions. RECOMMENDATION: A motion to adopt the resolution approving the preliminary plat subject to conditions would be in order. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls - The Greenery Preliminary Plat April 23, 2004 Page 2 FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, i rqL�arda A. Wilson Senior Planner Minor positive impacts once fully developed. As suggested by the city council. Report compiled: April 23, 2004 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager Attachments: Transmittal letter Staff report #KPP-04-4 and application materials Draft minutes from. 4/ 13/04 planning board meeting TRl1_NSMIT\KALISPEL\2004 \KPP04-4.MEMO RESOLUTION NO.4887 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF THE GREENERY PUD, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACT 2XB LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Nolan Holdings, LLC, the owner of the certain real property described above has 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 April 13, 2004, on the proposal and reviewed Subdivision Report #KPP-04-4 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of The Greenery PUD, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 3, 2004, reviewed the Tri-City Planning Office Report #KPP-04-4, 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 Tri-City Planning Office Report #KPP-04-4 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Nolan Holdings, LLC for approval of the Preliminary Plat of The Greenery PUD, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. 2. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. 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. 4. That a curb, gutter, sidewalk and landscape boulevard shall be installed within the right-of-way along Four Mile Drive with a minimum five feet wide sidewalk and five foot landscape boulevard. (Kalispell Subdivision Regulations, Section 3.11). S. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk as well as the landscaping within the common areas of both the commercial and residential areas of the site. (Kalispell Subdivision Regulations, Section 3.11). 6. That the required one ninth area be met with a payment of cash in lieu of parkland dedication in the amount of $1,822 based on a value of approximately $18,000 per acre for the residential component of the subdivision with approximately 092 acres in residential lots and I percent or 0.10 of an acre for parkland dedication. (Kalispell Subdivision Regulations, Section 3.19). 7. The covenants, conditions and restrictions be amended for the commercial component of the development that addresses signage which limits the development to two freestanding signs located at each entrance along Four Mile Drive to 24 square feet per face, not to exceed six feet in height and signs attached to the building shall not exceed 20 square feet per use. Additionally, any temporary signage shall comply with the Kalispell Zoning Ordinance. 8. Prior to the issuance of a building permit for the development, a letter from the Architectural Review Committee for The Greenery shall be submitted to the Kalispell Site Development Review Committee stating that the plans for design and construction have been reviewed and approved. 9. Prior to obtaining a building permit for the building located in the northeast corner of the site, a permit shall be obtained from the Montana Department of Transportation to allow working within their right-of-way. 10. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 11. Lighting shall be located within the development in a manner that insures it will be adequately shielded and does not intrude onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 12. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 14. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the Developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. 15. That preliminary plat approval for the planned unit development 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 MAY, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Punning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (405) 751-1858 tricity a centu tel.net www.tricityplanning-mt.com April 23, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: The Greenery Preliminary Plat Approval Dear Chris: The Kalispell City Planning Board met on April 13, 2004 and held a public hearing to consider a preliminary plat approval of a 10-lot mixed -use subdivision on approximately 3.84 acres near northwest Kalispell. The property is located on the southwest corner of U.S. Highway 93 North and Four Mile Drive. In conjunction with the preliminary plat the applicant has submitted an initial zoning designation of R- 5/PUD, Residential Professional Office, with a Planned Unit Development (PUD) overlay upon annexation into the city. Narda Wilson representing the Tri-City Planning Office, presented staff report KPP-04- 4 evaluating the proposal. The staff recommended approval of the subdivision subject to the listed conditions. At the public hearing, there were several property owners present who expressed concerns about the impact of the development on their panoramic views of the mountains and valley. The planning board discussed the request and the issues presented by the public. A motion was made and passed on a unanimous vote to forward a recommendation that the Kalispell City Council approve the preliminary plat subject to the recommended conditions, attached as Exhibit A. Please schedule this matter for the May 3, 2004 City Council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Providing Community Planning Assistance To: City of Kalispell • City of Columbia Fails • City of Whitefish • The Greenery Subdivision Preliminary Plat April 23, 2004 Page 2 Sincerely, Kalispell City Planning Board ;zeorge Taylor President GT/NW/ma Attachments: Exhibit A - Recommended conditions of approval Staff report #KPP-04-4 and application materials Draft minutes April 13, 2004 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att. Nolan Holdings, LLC, 607 Dakota Ave., Whitefish, MT 59937 Eby & Associates, P.O. Box 7144, Kalispell, MT 59904-0144 A2Z Engineering, 42 Village Loop, Kalispell, MT 59901 Sitescape Associates, P.O. Box 1417, Columbia Falls, MT 59912 Frdo/Transmit/Kalispell/ 2004/KPP04-4 The Greenery The Greenery Subdivision Preliminary Plat April 23, 2004 Page 3 EXHIBIT A TRI-CITY PLANNING OFFICE STAFF REPORT #KPP-04T 1 THE GREENERY SUBDIVISION PRELIMINARY PLAT CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD APRIL 13, 2004 The Kalispell City Planning Board is recommending the following conditions to the Kalispell City Council for the above referenced preliminary plat. A public hearing was held on this matter at the April 13, 2004: 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. 2. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. 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 111-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. 4. That a curb, gutter, sidewalk and landscape boulevard shall be installed within the right-of-way along Four Mile Drive with a minimum five feet wide sidewalk and five foot landscape boulevard. (Kalispell Subdivision Regulations, Section 3.11), S. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk as well as the landscaping within the common areas of both the commercial and residential areas of the site. (Kalispell Subdivision Regulations, Section 3.11). 6. That the required one ninth area be met with a payment of cash in lieu of parkland dedication in the amount of $1,822 based on a value of approximately $18,000 per acre for the residential component of the subdivision with The Greenery Subdivision Preliminary Plat April 23, 2004 Page 4 approximately 0.92 acres in residential lots and 11 percent or 0.10 of an acre for parkland dedication. (Kalispell Subdivision Regulations, Section 3.19). 7. The covenants, conditions and restrictions be amended for the commercial component of the development that addresses signage which limits the development to two freestanding signs located at each entrance along Four Mile Drive to 24 square feet per face, not to exceed six feet in height and signs attached to the building shall not exceed 20 square feet per use. Additionally, any temporary signage shall comply with the Kalispell Zoning Ordinance. 8. Prior to the issuance of a building permit for the development, a letter from the Architectural Review Committee for The Greenery shall be submitted to the Kalispell Site Development Review Committee stating that the plans for design and construction have been reviewed and approved. 9. Prior to obtaining a building permit for the building located in the northeast corner of the site, a permit shall be obtained from the Montana Department of Transportation to allow working within their right-of-way. 10. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 11. Lighting shall be located within the development in a manner that insures it will be adequately shielded and does not intrude onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 12. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 14. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the Developer outlining and formalizing the terms, conditions and provisions of approval. The finial plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. 15. That preliminary plat approval for the planned unit development shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). THE GREENERY TRI-CITY PLANNING OFFICE STAFF REPORT KPP-04-4 APRIL 6, 2004 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for preliminary plat approval of a ten lot mixed use subdivision on property proposed for an initial zoning designation of R-5 / PUD, Residential / Professional Office. A public hearing on this proposal has been scheduled before the planning board for April 13, 2004 in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. 'RACKGRCIJND: A petition to annex with an initial zoning designation of R-5 with a Planned Unit Development (PUD) overlay on approximately 3.836 has been filed concurrently with this a preliminary plat request. A. Petitioner (Purchaser): Nolan Holdings, L LC 607 Dakota Ave. Whitefish, MT 59937-2106 (406) 862-6061 Technical Assistance: Eby & Associates P.O. Box 7144 Kalispell, MT 59904 A2Z Engineering 42 Village Loop Kalispell, MT 59901 Sitescape Associates P.O. Box 1417 Columbia Falls, MT 59912 B. Nature of Application: This is a request for preliminary plat approval of an ten lot mixed use subdivision on approximately 3.836 acres in the northwest part of Kalispell. The property is located on the southwest corner of Hwy 93 and Four Mile Drive where The Greenery landscaping business has been operating for many years. The development will be know as The Greenery PUD, a planned unit development (PUD) proposed for annexation into the city of Kalispell concurrently with the preliminary plat and given an underlying zoning designation of R-5, Residential / Professional Office. This zoning district allows single-family and duplex dwellings as a permitted use as well as professional and medical offices. There are two components to the PUD: One is residential that lies on the western portion of the site and contains six duplex townhouse sub lots and is accessed from an existing City street, Parkway Drive. The other component is commercial in nature and includes four sub lots ;within a parent tract and has a common access, parking and landscape area. The entire development contains approximately four acres with approximately one acre devoted to the residential component and approximately three acres devoted to the commercial component. it is anticipated that this development would be completed in one phase with the build out for the entire devel:; ment to be approximately two years. There are two deviations from zoning proposed under this PUD and subdivision which deal with a side corner setback and signage. These issues are more fully addressed in the companion report associated with this preliminary plat evaluation numbered as KA-04-6 / KP UD-04-3. In essence the setback at the northwest corner of the site will go from zero to 18 feet from the property boundary to align the building and make better use of the parking and backup spaces within the site. Signage was not fully addressed in the application and some refinement needs to be provided so that it meets the spirit of the zoning regulations regarding signage in the R-5 zoning district. C. Location and Legal Description of Property: This property lies at the southwest corner of Four Mile Drive and US Hwy 93. The property can be described as Assessors Tract 2XB located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. D. Si--e: Total Area: 3.836 acres Residential Component: 0.92 acres Commercial Component: 2.91 acres E. Existing Land Use: This property has been used in the past for a landscaping business which is considered to be an agricultural use of the land. F. adjacent Land Uses and Zoning: The general land use character of this area is a mix of uses with primarily single family residential to the south and east with the community college to the northeast, sports field complex to the north and undeveloped land to the west. North: Youth athletic complex, City P-1 zoning South: Single family residential, City R-4 zoning East: Single family residential, City R-3 zoning West: Undeveloped, County SAG-10 zoning G. General Land Use Character: The general land use character of the area is an area in transition with a mix of uses in close proximity including some suburban and urban residential development as well as public facilities such as the school and ballfelds and commercial uses further to the north. U. Zoning: This property is being annexed concurrently with review of the preliminary plat and the developer is requesting an assignment of R.-5 / PUD, a Residential ; Professional Office zoning district. This would allow the proposed m xed-use development Currently this property is in the County zoning Jurisdiction and is zoned SAG-10, a Suburban Agricultural zoning district with a ten acre minimum lot size requirement. In this instance, the existing parcel was obviously created prior to the adoption of zoning and is considered non- conforming with regard to site. As mentioned above, there are two variances from the proposed R-5 zoning designation being requested that deal with the side corner setback on the building nearest Hwy 93 and some relutivei.y rigor issues relating to signage for the commercial component of the development that need to be more fully addressed. I. Utilities: This subdivision would receive full City services. Water: City water Sewer: City of Kalispell Solid Waste: City of Kalispell Gas: Northwest Energy Electricity: Flathead Electric Co-op (underground) Telephone: CenturyTel (underground) Fire: City of Kalispell Police: City of Kalispell Schools: Kalispell School District #5 COMMENTS FROM THE SITE-DUVE....L...O.PMENT REVIEW COMMM This matter came before the site development review committee for comment on several occasions. At the last meeting on April 1, 2004 it was recommended that curb, gutter, sidewalks and landscaping be installed along Four Mile Drive and Parkway Drive within the right-of-way adjacent to this property. It was noted that a CTEP trail is going out to bid that will extend along Hwy 93 from Meridian Road to the ball fields to the north. The committee also noted that the property owner will need to obtain a permit from MDOT to do the proposed fill work in the State right-of-way. Signs need to be more fully addressed. REMEW ANn ,ETNniNGS 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: Eine: 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 new buildings would be constructed in accordance with applicable fire and building codes. The property does not have steep slopes or woody fuels. Hydrants will be required to be placed in compliance with the requirements of the Uniform Fire Code and approved by the fire chief. The fire access and suppression system will be installed and approved by the fire department prior to combustible construction taking place. A waterline may need to be looped in order to gain adequate water pressure to meet the needed fire flows for the hydrants. 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 :eater, intermittent streams or creeks or stormwater runoff which has the potential to create problems with flooding. CCCSS t0 he CGIiiliaerCiczi CQit117�iierit 7I the subdivision ill be �.aken from Four Mile Drive, an existing City street that does not have curb. gutter or 3 sidewalks. The residential component of the development -will have access directly from. Parkway Drive, a City street that has curb, gutter and sidewalks. The staff is recommending that curb, gutter and sidewalk be installed on the section of Four Mile Drive that abuts this property. Access to the development is good with a controlled intersection at the corner of Four Mile Drive and Hwy 93. No substantial improvements to these roadways or accesses appear warranted at this time. The developer will need to obtain a permit for the new driveways, but as proposed they appear to be reasonable and with minimal impacts to the system. 8. Effects on Wildlife and Wildlife Habitat: This property was previously used for a landscaping business and although considered an agricultural use of the site would provide very little in the way of significant habitat for -wildlife. C. Effects on the Natural Environment. S rfr`3c Q 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. An engineered storm water management plan will need to be developed that will address the retention of storm water on site. It appears that storm water management is proposed to be accommodated within proposed landscaped areas for both the residential and commercial component of the subdivision. There is a State storm water retention area to the north that is used for managing storm water run off from Hwy 93, but it is unlikely that the developer would be able to share the use of the retention facility. D. Effects on Local Services: Water: Water would be provided by the City of Kalispell to the proposed lots in this subdivision. There are existing mains in the Four Mile Drive and Parkway Drive rights of way. It does not appear that new mains will need to be extended to serve the subdivision unless there is a requirement for a main extension in order to provide the minimum fire flows necessary to meet the Uniform Fire Code and City specifications. Sewer: Sewer service will be provided by the City of Kalispell with the existing mains that are located in the Four Mile Drive and Parkway Drive right-of-way. It does not appear that any new main extensions would be required to serve the subdivision, but rather service connections to the proposed lots would be taken from existing mains. There is adequate capacity within the sewage treatment plan to accommodate this development. ,Bads: impacts to the local roadways would be anticipated to be relatively insignificant with regard to additional traffic that might be generated from this subdivision. There is a controlled intersection at Four Mile Drive and Hwv 93 that .would be the destination from all of the traffic leaving this development since Four Mile Drive does not continue to the west. Four Mile Drive is a City street and 's designated as a collector road and H-- 93 is part of thO federal 4 highway system and is maintained by the Montana Department of Transportation. It is designated as a major arterial in the Kalispell Transportation Plan. Both of these roadways are adequate to accommodate the additional traffic drat would be generated from this development. As part of this development, the staff' is recommending that sidewalks be provided on the right-of-way adjacent to this development to address pedestrian safety. Schools: This development is within the boundaries of Kalispell School District #5. The school district could anticipate that an additional three 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 private school education. option. This would have an insignificant impact on the district. Parks and Open Snag: The state and local subdivision regulations have parkland / open space requirements for major subdivisions in the amount of 11 percent or one -ninth of the area in lots. No parkland is proposed as part of this subdivision and passive open space indicated as common area does not provide a recreational amenity for this subdivision. It can be concluded that the developer will pay cash in lieu of parkland dedication to satisfy this requirement. It is estimated that the purchase price of the property would be approximately $ 18,000 per acre for the residential component based on other recent residential development in the immediate area. With approximately 0.92 acres of the property in lots, 11 percent for parkland requirements would be 0.10 acres. This calculates to $1,822 for cash in lieu of parkland dedication. 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 2mtection: Fire protection services will be provided by the Kalispell Fire Department, and the subdivision will need to meet the requirements of the Uniform Fire Code. Hydrants will need to be located within the subdivision in accordance with the Uniform Fire Code and the mains will need to be designed so that adequate water pressure can be obtained. 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 use of combustible materials in construction. Solid__Wastt: 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 the additional solid waste generated from this subdivision. Medical T' P : Ambulance service is available from the -ire department and ALERT helicopter service. Kalispell Regional hospital is close, less than two miles from the site. Effects can Xgric lture and agricultural grater user facilities: ry The L ysite has 'jeer. raditionc?"iy use- Eor t�illjted �g1 �Li.A�lur� i.e. U�] U landscape business. However, in reality, this land had limited agricultural potential and is better used for urban development. There will be no impact on agricultural uses within the Valley and no impact on agricultural water user facilities since this property will be served by a public water system. F. Relation to 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 three to 12 dwelling units per acre. The requested R-5 / PUD zoning designation is in general compliance with the uses anticipated for this property. G. Compliance with Zoning: The planned unit development deviates from the zoning with regard to the setback requirements for the building at the eastern portion of the site nearest Hwy 93 which is determined to be a side corner with a minimum setback requirement of 15 feet in the R-5 zoning district which is measured from the building eave. The northeast corner of the building would be placed generally at the property boundary with a gradual increase in the setback for the building to 18 feet at the southeast corner of the building. This would allow generally several objectives associated with the development one of which would be to allow the orientation of the building in a more north { south direction while also making better use of the site with regard to parking and needed back-up space for parking. Additionally, the foundation for the building would be designated to function as a retaining wall so fall can be placed between the building and the slope up to Hwy 93. Additionally, a deviation from the strict interpretation of the sign regulations appears to at least be indicated on the site plan with two entrance signs being proposed although no specific size and height specifications have been. provided. Under the proposed R-5 zoning designation signage is limited to a single 24 square foot sign per parcel not to exceed six feet in height plus a 20 square foot wall sign per use. The proposed covenants touch on sign standards but are not definitive. Since there would be four sub lots within the parent tract of land, the staff would support the establishment of two signs at the proposed entrance locations. However, the remaining standards should apply. The covenants will need to be amended to require that the wall signage, use of banners and lights comply with the City sign standards. 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 Planning Board adopt Staff Report KP P-34-4 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the following conditions: 6 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. 2. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public. Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdi'�dsion 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 111-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. 4. That a curb, gutter, sidewalk and landscape boulevard shall be installed within the right-of-way along Four '_Mile Drive with a minimum five feet wide sidewalk and five foot landscape boulevard. (Kalispell Subdivision Regulations, Section 3.11). 5. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk as well as the landscaping within the common areas of both the commercial and residential areas of the site. (Kalispell Subdivision Regulations, Section 3.11). 6. That the required one ninth area be met with a payment of cash in lieu of parkland dedication in the amount of $1,822 based on a value of approximately $ 18,000 per acre for the residential component of the subdivision with approximately 0.92 acres in residential lots and 11 percent or 0.10 of an acre for parkland dedication. (Kalispell Subdivision Regulations, Section 3.19), 7. The covenants, conditions and restrictions be amended for the commercial component of the development that addresses signage which limits the development to two freestanding signs located at each entrance along Four Mile Drive to 24 square feet per face, not to exceed six feet in height and signs attached to the building shall not exceed 20 square feet per use. Additionally, any temporary signage shall comply with the Kalispell Zoning Ordinance. S. Prior to the issuance of a building permit for the development, a letter from the Architectural Review Committee for The Greenery shall be submitted to the Kalispell. Site Development Review Committee stating that the plans for design ana construction have been reviewed and. approved. 7 9. Prior to obtaining a building permit for the building located in the northeast corner of the site, a permit shall be obtained from the Montana Department of Transportation to allow working within their right-of-way. 10. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 11. Lighting shall be located within the development in a manner that insures it will be adequately shielded and does not intrude onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 12. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 14. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the Developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PLED) zoning for the site. 15. That preliminary plat approval for the planned unit development shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). REPORTS \ KALISPELL \ KPP-04-4. D OC NW 3 f e s r3 v,#RJ(#Tw4.,FP psit r This apptication shall be submitted, along with all Information required by the applicable Subdivision Regulations and the Montana Subdivision and Platting Act, and the appropriate fee to: Tri-City Planning Office, 17 Second St Bast, Suite 211 Kalispell, Montana 59901 Phone: (406)751-1850 Fa= (406(751- (858 Major Subdivision (6 or more lots) Condominiums (6 or more units) Mobile Horne Parks & Campgrounds (6 or more spaces) Amended Preliminary Plat Subdivision, Variance Commercial and industrial Subdivision SUBDrMION NAME.- The Greene o' s ws.•► Nolan Holdincxs , LLC $650 + %30/lot $650 + $30/unit $650 + +330/space $200 $100 (per variance) Add $200 to base preliminary plat fee Phone 4 0 6 S(3 Fat Mailing Address 607 Dakota Avenue City whitefish State MT Zip- 7'ZCIMCAL/FR0Fl?.'S8Z0RAL PAR77CIPANTS (Stuveyor/Vesignerdllt:`;Ineer, etc): Narne &Address Eby Associates Box 71 pe-1 L, LIT 59904 Name &Address A2Z Engineering, 42 Village Loos. , Kal _9,p�1, M 9901 Name&Address Sitescape Associates Box 1417 Columbia Falls Ir MT 59912 City/County xalispell -Flathead County Street .Address 2 0 5 0 H 7V 9 3 Assessor's Tract No(s) 8506613300 Lot No(s) 1 /4 Sec Section 1 Township 2 8 N Range.--22-w— GENERAL DESCItII*'Y ON OF SUI3I9MSION: Mixed use PUD ov r1_av of the R-5 District Numfber of Lots of- Rental Spaces 10 Total Acreage in Subdivision 3___R Total Acreage in Lots l • 0 5 Minirnurn Size of Lots or Spas, �s 5440 sq . f t . Total Acreage in Streets or Roads 1- 46 Maximum Size of Lots or Spaces 8140 sq . f t . Total Acreage in Parks, Open Spaces and/or 'Common Areas Loll L E is Single Family Townhouse _ Duplex 3 Apartment Commercial Industrial Condominium Multi -Family Mobile Home Park Recreational Vehicle Park Planned Unit Development X Other ZSTIKATZ OF MARKET VALUE BEFORZ jMM0VEM=TS�535, 000, 00 RaeAw Gravel X palled X Curb X Gutter x Sidewalks alleys ______Other Water System: Individual Multiple User Neighborhood X Public Other Sewer System: Individual Multiple User Neighborhood X Public Other Other IItiiitiew X Cable TV X Telephone X Electric X Gas tither Solid Waste: Rome Pick Up Central. Storage X Contract Hauler Owner Haul MaU Delivery. _Central Individual School District: Fire PnAection: .._.._._Hydrants Tanker Recharge Fire District: Draina" gam, ; site retention and detention V CES: ARE ANY VARL4XCXS REQUESTED? NO (yes/no) If yes, please complete the information below: Lt MPLIANCZ OF h.: 2 h Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? N/A 2. Will the variance cause a substantial increase in public costs? N/A 3. Will the variance affect, in any mariner, the provisions of any adopted zoning regulations or Master Plan? A 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? N 5. What other conditions are unique to this property that create the need for a variance? 3 ors The subdivider shall submit a complete application addressing items below to the Tri- City Planning Office at least thirty (30) days prior to the date of the meeting at which it will be heard. 1. Preliminary plat application. 2. 20 copies of the preliminary plat. 3. One reproducible set of supplemental informnation. (See Appendix A of Subdivision Regulations for the city where the subdivision is proposed..) 4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size. 5. Application fee. 6. Adjoining Property Owners List (see example below): Aasessorf Sec -lira- C Lath' rset No ?roperst Chmer & Mang Address 1 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 inforrnadon 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 applicatio signifies approval for the Tri-City Planning staff to be present on e p� periy f r routine zn itoring and inspection during the approval and develo en,70roc z f As approved by the TCPB, Effective 05/01/03 4 march 8, 2004 (Date) Randy Brodehl - Fire Chief Jim Stewart - Assistant ChieU'Prevention Dee McCiuskev— Assistant Chief'Operations TO: NARDAA. WILSON, SENIOR PLANNER FROM: JIM STEWART, FIRE MARSHAL DATE: APRIL 2, 2004 3.12 First Avenue East Kalispell. Montana 59901 (406) 758-7760 FAX: (406) 758-795' �r►�rll�r��cY&WWA We have reviewed the information submitted on the above -referenced project and have the following comments. 1. 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. 2. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. Additional design information shall be submitted for approval by this department. 3. Fire Department access shall be provided in accordance with Uniform Fire Code (1997) Article 9. Please contact me if you have any questions. I can be reached at 758-7763. Msistul_g ar�r conartsuruty in reatactnQ, preverazir�,o, -ma Fntrr cazirtg ernergerzeies. " Steve Tartaglino 728 Parkway Drive P.O. Box 1474 Kalispell, NIT 59903 (406) 755-9690 March 25, 2004 Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, M T 59901 RE: Nolan Holdings, LCC / The Greenery To Whom It May Concern: MAR 2 2D 2004 ': OFFICE I would be happy to go on record for supporting the Nolan Holdings, LLC 'The Greenery" planned unit development as described. I will not be able to attend the public meeting slated for Tuesday April 13, 2004, but wish to relay our enthusiastic support. Thank you. Sincerely, -4 Stephen J Tartaglino CC: Nolan Holdings, LLC APR-12-04 03:23 PM FINE.LINE PRINTING 912 634 0021 P.02 Arnold F. Forsyth 729 Parkway Drive Kalispell, MT 59901 April 10, 2004 Tri-City Planning Office 17 Second Street east, Suite 211 Kalispell, Mt 59901 Re: Sunrise View Subdivision Dear Narda Wilson, I Have rcGcived and discussed the letter dated March 15, 2004 from Mr. Norman Beach with some of my neighbors in the Sunrise View Development regarding the plat concept for the Grcotncry. My wife Beth and I rosidc at lot six or 729 Parkway Drive. Mr. Beach has been very proactive in seeking input from nay wife and I as well as our neighbors in the; dcvclopme nt of this project, I would agree wholeheartedly to his last proposal and "Cornccptual Site Flan Study„ dated 03/05/04 with one exception. I would agree with finny neighbors that the town home concept on the upper portion of the plat does provide a nice trarnsitiorn into our development, however the two story buildings proposed docs have ncgativo issues for those residing adjacent to and on tho south side of parkway Drive. As 1 wu sore you know the homes on the north side ofParkway drive as a result of our covenants are single story so as to provide a view for those two story homes on the south side of Parkway drive. I am unable to attend the meeting not April 131h duc to out of state commitments. If you have any questions I can be reached at 106 South Harbour Oaks Drive, Saint Simons Island, Grp 31522 or by phom at (912) 634-6567, Sincerely, M an Reach Sub _10 UNITY 4D 2DCCE #4 4 T 6 $ IV UN-- 18 9 ., . 17 r s 13 41 T „.1; J14 I C I N I TY MAP Q� DATE. N OLAN HOLDINGS, LLC PRELIMINARY PLAT - "THE GREENERY" A 10 LOT MIXED USE SUBDIVISION ON 3.336 ACES 4 COMMERCIAL & 6 DUPLEX/TOWNHOUSE UNIT LOTS FILED CONCURRENTLY WTTH ANNEXATION & INITAL 'BONING AND PLANNED TTNTT DEVELOPMENT (P D) APPLICATION FILE-# KPP-04-4 SCALE " = 300'