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Staff Report/Preliminary PlatTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax:(406) 751-1858 tricity@centuryteLnet www.tricityptanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Mountain Vista Estates Preliminary Plat Approval MEETING DATE: February 7, 2005 BACKGROUND: This is a request for preliminary plat approval of Mountain Vista Estates Preliminary Plat and Planned Unit Development. A request for annexation has been filed concurrently with an initial zoning designation of R-2, Single Family Residential, with a Planned Unit Development overlay on approximately 50 acres. The property is located at the northeast corner of Three Mile Drive and Farm to Market Road. It is the intent of this PUD to allow a mix of housing types that include 110 single family lots, and 60 two unit townhouses on sublots and one lot designated as commercial that is intended for a fire department substation. It is anticipated that the subdivision will be developed in three phases. The PUD zoning overlay provides a mechanism for the developer to gain flexibility in lot sizes, housing types and site configuration that would not otherwise be allowed under the traditional R-2 zoning designation. The staff recommended approval of the subdivision subject to the conditions outlined in the staff report. The Kalispell Planning Board held a public hearing on January 11, 2005. During the public hearing the applicant's representative spoke in favor and one person expressed concerns regarding the environmental impact to Spring Creek wetlands, speed limit on Farm to Market Road, any health hazards associated with the high voltage lines, and the creation of islands of zoning. The planning board discussed the request and public testimony. The planning board expressed concerns about the size of the park area, the lot configuration and the density in the subdivision. A motion was made and passed on a vote of 5-2 to forward a recommendation that the Kalispell City Council approve the preliminary plat subject to the recommended conditions as amended. The conditions in the preliminary plat and the PUD are consistent which address the increase in the lot size as well as increasing the side yard setback requirement to comply with the R-2 zoning designation which will result in an overall decrease in the density for the subdivision. RECOMMENDATION: A motion to approve the preliminary plat subject to the recommended conditions would be in order. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Mountain Vista Estates Preliminary Plat January 31, 2005 Page 2 FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Narda A. Wilson ames H. Patrick Senior Planner City Manager Report compiled: January 31, 2005 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report #KPP-04-13 and application materials Draft minutes from l/ 11/05 planning board meeting TRANSMIT \ KALI SPSL \ 2004 \ KPP04-13 MEM RESOLUTION NO.4973 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF MOUNTAIN VISTA ESTATES SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS 1D AND IDB LOCATED IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Touchstone, 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 January 11, 2005, on the proposal and reviewed Subdivision Report #KPP-04-13 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 Mountain Vista Estates Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of February 7, 2005, reviewed the Tri-City Planning Office Report #KPP-04-13, 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-04-13 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Touchstone, LLC for approval of the Preliminary Plat of Mountain Vista Estates Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat). 2. That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. 3. 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). 4. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. That a pedestrian trail be developed within the BPA easement between the two internal roadways that has been reviewed and approved by the Kalispell Parks and Recreation Department. The cost of developing the pedestrian path shall be counted towards the parkland dedication requirements. (Kalispell Site Development Review Committee) 6. 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. (Kalispell Subdivision Regulations, Section 3.11). That the area designated on the plat as "park" shall satisfy in part the requirements forparkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. Parkland dedication requirements are based upon 11 percent of the area in lots. Subtracting the required one acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for 3.25 acres in parkland or a combination of parkland with improvements. The remaining 1.79 acres can be met through a cash equivalent in improvements to the property. Based on a valuation of $18,000 per acre, remaining improvements and or cash in lieu of parkland would be in the amount of $32,220. (Kalispell Subdivision Regulations, Section 3.19). 8. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Section 503. d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Section E. Supportive Documentation, Item (a), indicates designation of a .51 acre lot for construction of a future fire station. It should be noted that the minimum lot size acceptable for fire station design is 200 feet by 200 feet. f. It is recommended that consideration be given to annexation of Three Mile Drive and Farm to Market Road adjacent to the public right-of-way. 9. That the parcel indicated for the fire department substation be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at the time of final plat submittal. If the lot proposed for the fire department substation is not needed or wanted by the City, a letter shall be obtained from the Kalispell Fire Department stating as much as the lot shall be converted to two lots for single family residential development. 10. That a provision be made for a future 60 foot right of way easement within the subdivision that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west in the area of the BPA transmission easement along the north boundary. (Kalispell Subdivision Regulations, Section. 3.04). 11. That a letter be obtained from the Montana Department of Transportation and Flathead County Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market Road) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. (MDQT) 12. 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. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09). 13. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A five foot utility easement be placed behind the right-of-way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Public Works Department). 14. After the construction and installation of utilities are completed, the developer shall insure that all property corners are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as an electrical pad, an offset marketer shall be placed and recorded on the final plat. (Kalispell Public Works Department), 15. The filling of the gravel pit should be coordinated with the City of Kalispell Public Works Department with the appropriate testing performed and documented. (Kalispell Public Works Department), 16. That the covenants and homeowners by-laws specifically include the required setbacks and other development standards. That a provision be included in the covenants and by laws that addresses the assessments and maintenance of the common areas including the BPA easement. Additional language be included in the covenants to prohibit the dumping of any lawn clippings, leaves, garbage or other debris in the BPA easement. That the covenants be corrected to reflect the correct language that relates to this subdivision and eliminates language that refers to the maintenance of private water and / or sewage treatment systems. 17, The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 18. 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)). 19, All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 2 L All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 22. A note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for uperade of roads in the area to City standards which are impacted by subdivision. 23, The lots within the development be amended to comply with the size dimensional and size requirements of the R-2 zoning district. 24. 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. 25. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). SECTION I11. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF FEBRUARY, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Planning Office 17 Second Street East -Suite 211 Kalispell, Montana 5"01 January 26, 2005 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity(2eenturptel net www.tricityplanning-mt.co m James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Mountain Vista Estates Preliminary Plat Approval Dear Jim: The Kalispell City Planning Board met on January 11, 2005 and held a public hearing to consider a preliminary plat approval of Mountain Vista Estates Preliminary Plat and Planned Unit Development. A request for annexation has been filed concurrently with an initial zoning designation of R-2, Single Family Residential, with a Planned Unit Development overlay on approximately 50 acres. The property is located northwest of Kalispell on the northeast corner of Three Mile Drive and Farm to Market Road. It is the intent of this PUD to allow a mix of housing types that include 110 single family lots, and 60 two unit townhouses on sublots and one lot designated as commercial that is intended for a fire department substation. It is anticipated that the subdivision will be developed in three phases. The PUD zoning overlay provides a mechanism for the developer to gain flexibility in lot sizes, housing types and site configuration that would not otherwise be allowed under the traditional R-2 zoning designation. Narda Wilson representing the Tri-City Planning Office, presented staff report KPP-04- 13. The staff recommended approval of the subdivision subject to the listed conditions. During the public hearing the applicant's representative spoke in favor and one person expressed concerns regarding the environmental impact to Spring Creek wetlands, speed limit on Farm to Market Road, any health hazards associated with the high voltage lines, and the creation of islands of zoning. The planning board discussed the request and public testimony. A motion was made and passed on a vote of 5-2 to forward a recommendation that the Kalispell City Council approve the preliminary plat subject to the recommended conditions as amended. The recommended conditions are attached as Exhibit A. Please schedule this matter for the February 7, 2005, regular 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 Falls • City of Whitefish Mountain Vista Estates Preliminary Plat January 26, 2005 Page 2 Sincerely, Kalispell City Planning Board George Taylor President GT/NW/ma Attachments: Exhibit A - Recommended conditions of approval Staff report #KPP-04-13 and application materials Draft minutes 1/ 11/05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Touchstone, LLC, 1289 North Meridian Road, Kalispell, MT 59901 Marquardt & Marquardt Surveying, 285 - lst Avenue, WN, Kalispell, MT 59901 Frdo/Transmit/Kalispell/2004/KPP04-13 Mountain Vista Estates Mountain Vista Estates Preliminary Plat January 26, 2005 Page 3 EXHIBIT A MOUNTAIN VISTA ESTATES PRELIMINARY PLAT CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD JANUARY 11, 2005 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 January 11, 2005: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PUB as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat). 2. That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. 3. 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). 4. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. S. That a pedestrian trail be developed within the BPA easement between the two internal roadways that has been reviewed and approved by the Kalispell Parks and Recreation Department. The cost of developing the pedestrian path shall be counted towards the parkland dedication requirements. (Kalispell Site Development Review Committee) 6. 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. (Kalispell Subdivision Regulations, Section 3.11). 7. That the area designated on the plat as "park" shall satisfy in part the requirements for parkland dedication and shall be developed in accordance with a Mountain Vista Estates Preliminary Plat .January 26, 2005 Page 4 plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. Parkland dedication requirements are based upon 11 percent of the area in lots. Subtracting the required one acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for 3.25 acres in parkland or a combination of parkland with improvements. The remaining 1.79 acres can be met through a cash equivalent in improvements to the property. Based on a valuation of $18,000 per acre, remaining improvements and or cash in lieu of parkland would be in the amount of $32,220. (Kalispell Subdivision Regulations, Section 3.19). 8. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Section 503. d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Section E. Supportive Documentation, Item (a), indicates designation of a .51 acre lot for construction of a future fire station. it should be noted that the minimum lot size acceptable for fire station design is 200 feet by 200 feet. f. It is recommended that consideration be given to annexation of Three Mile Drive and Farm to Market Road adjacent to the public right-of-way. 9. That the parcel indicated for the fire department substation be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at the time of final plat submittal. If the lot proposed for the fire department substation is not needed or wanted by the City, a letter shall be obtained from the Kalispell Fire Department stating as much as the lot shall be converted to two lots for single family residential development. 10. That a provision be made for a future 60 foot right of way easement within the subdivision that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west in the area of the BPA transmission easement along the north boundary. (Kalispell Subdivision Regulations, Section. 3.04). 11. That a letter be obtained from the Montana Department of Transportation and Flathead County Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market Road) have been reviewed and approved and any Mountain Vista Estates Preliminary Plat January 26, 2005 Page 5 associated and necessary improvements have been satisfactorily completed. (MDOT) 12. 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. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section. 3.09). 13. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A five foot utility easement be placed behind the right-of-way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Public Works Department). 14. After the construction and installation of utilities are completed, the developer shall insure that all property comers are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as an electrical pad, an offset marketer shall be placed and recorded on the final plat. (Kalispell Public Works Department). 15. The filling of the gravel pit should be coordinated with the City of Kalispell Public Works Department with the appropriate testing performed and documented. (Kalispell Public Works Department). 16. That the covenants and homeowners by-laws specifically include the required setbacks and other development standards. That a provision be included in the covenants and by laws that addresses the assessments and maintenance of the common areas including the BPA easement. Additional language be included in the covenants to prohibit the dumping of any lawn clippings, leaves, garbage or other debris in the BPA easement. That the covenants be corrected to reflect the correct language that relates to this subdivision and eliminates language that refers to the maintenance of private water and J or sewage treatment systems. 17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 18. 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)). Mountain Vista Estates Preliminary Plat January 26, 2005 Page 6 19, All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 22, standards which are impacted by this subdivision. 23. The lots within the development be amended to comply with the size dimensional and size requirements of the R-2 zoning district. 24. 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. 25. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). VISTA ESTATES SUBDIVISION AND PUD TRI-CITY PLANKING OFFICE STAFF REPORT KPP-04-13 JANUARY 4, 2005 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for preliminary plat approval for a 171 lot mixed use subdivision on property proposing concurrent annexation and initial zoning. A public hearing on this proposal has been scheduled before the planning board for January 11, 2005 in the Kalispell City Council Chambers_ The planning board will forward a recommendation to the city council for final action. BACKGROUND INFORMATION This is a request for preliminary plat approval, annexation and an initial zoning designation of R-2/PUD, a Single -Family Residential district, on approximately 50.17 acres. The staff report evaluating the appropriate assignment of a City zoning classification has been developed as a separate item. A. Petitioner / Owner: Technical Assistance: Touchstone, LLC 1289 North Meridian Rd. Kalispell, MT 59901 Marquardt & Marquardt Surveying, Inc. 285 - 1st Avenue, EN Kalispell, MT 59901 (406) 755-6285 B. Nature of the Request: This is a request for preliminary plat approval along with a petition to annex with an initial zoning designation of R-2, Single Family Residential, with a Planned Unit Development overlay on approximately 50.17 acres. The property is located northwest of Kalispell on the northeast corner of Three Mile Drive and Farm to Market Road. This property is in the County zoning jurisdiction and is zoned AG-20, an Agricultural zoning district that has a minimum lot size requirement of 20 acres for newly created lots and SAG-10, Suburban Agricultural, a zoning district that has a minimum lot size requirement of ten acres for newly created lots. It is the intent of this PUD to allow a shift in the density of the R-2 zoning district by creating single family and two unit townhouse lots along with a common area (BPA utility easement) and park area. The PUD zoning overlay provides a mechanism for the developer to gain flexibility in lot sizes, housing types and site configuration that would not otherwise be allowed under a strict R-2 zoning designation. The R-2 zoning has a minimum lot size requirement of 9,600 square feet and a minimum lot width of 70 feet. Under a PUD, these dimensional requirements can be flexed without an increase in the overall allowable density. The overall density allowed under the PUD for the R-2 zoning district is a maximum of five dwelling units per acre. This subdivision contains approximately 50.17 acres with a total of 171 lots. The subdivision lots consist of 110 single family lots and 60 two unit townhouses an sublots and one lot designated as commercial that is actually intended for a fire 1 department substation. An approximately 1.46 acre park that is centrally located within the subdivision has been designated as a homeowners park. This is a gross density of 3.4 dwelling units per acre. It is noteworthy that there is significant area within the site that is approximately 250 feet wide and 1250 feet long that is a Bonneville Power Association (BPA) easement for overhead electrical transmission lines. This area has restrictions related to development except for generally at grade improvement. No development can or would occur within the BPA easement, but has been included within the overall density calculations for the subdivision. The BPA easement would be owned and maintained by the homeowners within the subdivision. C. Location and Legal Description of Property: The property proposed for annexation and the initial zoning request is located on the northeast corner of Three Mile Drive and Farm to Market Road. The property address is 685 Three Mile Drive and can be described as Assessors Tracts ID and IDB located in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, D. Size: Total Area: 50.17 acres Total Lot Area in Lots: 30.54 acres Area in Roads: 10.51 acres Minimum Lot Size: 4,320 square feet townhouse lot Maximum Lot Size: 29,621 square feet Park and Common Area: 9.12 acres E. Existing Land Use and Zoning: The property proposed for annexation currently has a single family residence near the eastern portion of the property which will remain on proposed Lot 7, Phase 1. In the past the property was also used for gravel extraction and an unused gravel pit lies at the northwestern portion of the site. The gravel pit will be reclaimed as part of this development. This property is in the County zoning jurisdiction and is part of the West Valley Zoning District currently zoned AG-20, Agricultural, and SAG-10, Suburban Agricultural, in the West Valley Overlay. This is an agricultural district that provides a mechanism for clustering based on one dwelling per five acres. As previously mentioned, a petition for annexation to the city of Kalispell and an initial zoning designation of R-2 with a P.1 overlay has been M3ed concurrently with the request for prelim ^a:, plat approval. F. Adjacent Land Uses and Zoning: This property is located in an area that can be considered generally beyond the urban fringes of the city and in a somewhat rural area of the county. Recent extension of utilities to within approximately one half mile of the site indicates that the transitional area from rural to urban is expanding quickly. North: Large tract rural residential, County AG-20 and SAG-5 WVO zoning South: Large tract agricultural, County AG-80, WVO zoning East: Rural residential, County AG-80 WVO zoning West: Large tract agricultural, AG-80 WVO zoning is G. General Land Use Character: The general land use character of the area is rural and is in a state of transition to urban density where City services are available, most particularly to the east of this site. The traditional character is agricultural with some large rural residential parcels in the area. Recent annexations to the city have taken place in the immediate area of Three Mile with urban residential zoning designations. H. Zoning: This property is being annexed concurrently with review of the preliminary plat and the developers are requesting an assignment of R-2, a Single Family Residential zoning district with a Planned Unit Development Overlay. The PUD will allow the creation of two unit townhouses as well as a commercial lot that is intended to be conveyed to the City of Kalispell for use as a fire department substation. The R-2 PUD zoning allows a maximum of five dwelling units per acre. As proposed the subdivision has approximately 3.42 dwelling units per acre. I. Utilities: This subdivision would receive full City services upon annexation and development. Water' City of Kalispell Sewer: City of Kalispell Solid Waste: City of Kalispell Gas: Northwest Energy Electricity: Flathead Electric Coop (underground) Telephone: CenturyTel (underground) Fire: City of Kalispell Schools: West Valley School District, School District Police: City of Kalispell COMMENTS FROM THE SITE DEVELOPMENT REVIEW COMMITTEE This matter came before the site development review committee on December 23, 2004 and December 30, 2004. The fire department noted that defensible space will need to be provided along the BPA easement of about 30 feet from the property boundaries. There was significant discussion regarding the use of the BPA. easement for recreation and it with a majority of the committee wanting a pedestrian path to be developed within the BPA easement between the internal roadways. Additionally, there was some discussion regarding the relocation of the townhouse units to the north elsewhere in the subdivision so that there are single family dwellings along the north and east perimeter of the site. There was also some discussion regarding the designation of the site with an R-3 zoning rather than the R-2 because many of the lots do not meet the minimum standards of the R-2 zoning and the setbacks are proposed for five feet along the sides and 20 feet in the rear. The properties would more nearly comply with the R-3 designation than the R-2 designation. REVIEW AND FINDINGS OF FACT This application is reviewed as a major subdivision in accordance with statutory criteria and the Kalispell City Subdivision Regulations. A. Effects on Health and Safety: Fire: This subdivision would be in the service area of the Kalispell Fire Department once annexed to the city. The property would be considered to be at low risk of fire because the subdivision and homes within the subdivision would be constructed in accordance with the Uniform Fire Code and have access which meets City standards. All of the lots will abut a street that has been constructed to City standards. 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 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. This development stretches the limits and resources of the Kalispell Fire Department. In an attempt to address this issue the developers have indicated an approximately 0.51 acre site at the northwest corner of the property intended to be conveyed to the Kalispell Fire Department for use as a fire department substation. However, the needs of the fire department are that the parcel be a minimum of 200 feet by 200 feet. This information was conveyed to the developer prior to the preliminary plat submittal, but apparently overlooked. The staff would recommend that the final plat indicate a parcel of acceptable size for the Kalispell Fire Department. If the fire department determines that it is no longer interested in acquiring the site, that a letter be obtained from the fire department stating such and that the lot be converted to two single family dwellings. Flooding: There are know known flood hazards directly associated with this site and there are no unusual circumstances that are known that would result in irregular high groundwater that could lead to flooding. Access: Access to the subdivision is proposed from two new internal subdivision roads, from the southeast from Three Mile Drive and one from the northwest from Farm to Market Road. The new roadways provide for good internal circulation and access within the subdivision. The internal roads are looped and, provide a grid pattern for good circulation throughout. A future right of way extension is indicated to east to provide a connection and access should this property develop in the future. It would also make good sense that a future right of way also be provided to the north near the center of the BPA easement to provide for a future connection should this property be developed. This easement could provide a the potential for the development of a grid street system. There is currently a lack of pedestrian access along Three Mile Drive and Farm to Market road but has been incrementally required along with the development of other subdivisions to the east of this one. Three Mile Drive is a State secondary highway that is maintained by Flathead County. It is designated as a minor 4 arterial in the Kalispell Growth Policy and is a two way highway with approximately 100 feet of right-of-way. Other subdivisions that have gone in to the east of this site area have been required to establish pedestrian access along Three Mile Drive with the anticipation that these walkways will eventually connect. The improvements have been made on an incremental basis and this is another segment that is needed. A bike and pedestrian access along this roadway be coordinated with the Public Works Department, Parks and Recreation Department, Flathead County and the Montana Department of Transportation. A 20-foot landscape buffer is indicated on the preliminary plat which should be used to incorporate a bike and pedestrian trail as well as buffering in the form of a berming or landscaping or both for health and safety purposes. Some consideration should be given to the annexation of Three Mile Drive and Farm to Market Road which adjoins this property and to the east of this site where City utilities will be located. B. Effects on Wildlife and Wildlife Habitat: This property may have some limited habit primarily for birds, but is generally level without a variety of trees and grasses. This area does not appear to 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. Spring Creek runs to the north and east of this property which will not be impacted by this development. Drainage: This site has generally level topography and will not pose unusual challenges to site drainage. Curbs and gutters will be installed and a storm drain management plan will have to be developed to address the runoff from the site. There is no City storm drain system in the immediate area and storm water will have to be managed using on -site retention methods as part of an engineered 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 to the subdivision would be provided by the City of Kalispell and extended from a water main that lies to the east of this subdivision along Three Mile Drive. The water main would be extended from its current location to the subdivision along and within the Three Mile Drive public right of way. It does not appear that any easements or special considerations will need to be given to that extension. It is uncertain at this juncture when a water loop connection for the subdivision may be required since it will depend on the fire flows that can be obtained and whether they will meet the requirements of the Uniform Fire Code and whether or not the subdivision is phased. Most likely the water system will be completed prior to final plat submittal. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department and the Kalispell Fire Department as part of the development of the subdivision. There is adequate capacity within the City's water system to accommodate this development. 5 Sewer: Sewer service will be provided by the City of Kalispell with an extension of existing sewer mains from their existing location within the Three Mile Drive right-of-way. Design and construction of the mains will be reviewed and approved by the Kalispell Public Works Department. There is adequate capacity within the sewage treatment plan to accommodate this development. Roads: Traffic projections for this subdivision are estimated to be approximately 1700 additional individual vehicle trips per day based on the estimate of 10 vehicle trips per residence per day in the area onto Three Mile Drive. The subdivision roads will be constructed to City standards and would include curb, gutter, sidewalks and landscape boulevards within the subdivision. The two new internal subdivision roads will access directly onto Three Mile Drive and Farm to Market Road. Because of the curve along Farm to Market Road and Three Mile Drive the access points need to be located as far as possible from that point. The Montana Department of Transportation will have ultimate authority over where the access points are located, but a preliminary assessment and analysis of their locations appear to be appropriate where they are proposed. Overall there will be moderate impacts to Three Mile Drive as a result of this subdivision and North Riding Road to the west. Three Mile Drive is a paved, two lane State secondary roadway that is in fair condition. In 1997 the daily average vehicle trips east of Stillwater Road was 3,064. At some point, consideration will need to be given to the upgrading and widening of Three Mile Drive as development continues to occur in the area. Impacts to Three Mile Drive are incrementally increasing. However, with no funding currently available for the upgrade of secondary State highways at either the state or local level, no improvements to the Three Mile Drive area are anticipated. Additionally, because there are no development impact fees assessed by the City of Kalispell, Flathead County or the State of Montana, the impacts to the road will continue to be felt. Typically this would be the responsibility of the State with regard to design, funding and construction. Three Mile Drive in this area is over 100 feet in width and would not require the reservation of any additional right-of-way for future expansion. Schools: This development is within the boundaries of the Kalispell School D1StiaCt n5 and West `Jolley School. The School district Could anticipate that an additional 85 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. Not all of the children who live in the subdivision will be attending public schools. This would have a potentially significant impact on the district, particularly on a cumulative level with other developments pending within the district -- both urban and rural particularly with high school -aged students. Parks and Open Space: The state and local subdivision regulations have paxkland J open space requirements for major subdivisions in the amount of 11 percent or one -ninth of the area proposed for the development. The area in lots is 30.54, but reducing that by approximately one acre for the fire station generates an area in residential lots of approximately 29.54 generating a requirement for a minimum of 3.25 acres in paxk area or a combination of park, park improvements and or cash G in lieu of parkiand. The area under the BPA easement comprises approximately five acres, but has marginal recreational potential and is essentially an unbuildable area. The site development review committee is recommending that a pedestrian access be developed in the central part of the BPA easement between the two internal access roads. There is an approximately 1.46 acre homeowners park that is centrally located and will provide a very nice park amenity to the subdivision. The park area will need to be developed with some amenities such as a picnic area, irrigation and landscaping so that it provides a recreational amenity. A plan for development and maintenance of the park area needs to be coordinated with the Kalispell Parks and Recreation Department. The park will be privately owned and maintained by the homeowners association and will not be available for use by the general public. The remaining park or cash in lieu would be 3.25 minus the 1.46 or 1.79 acres with an estimated undeveloped value of $18,000 an acre. The improvements to the park area and J or cash in lieu of parkland should equal a total of $32,220. The improvements associated with the development of the pedestrian trail under the BPA power lines can be considered part of the park improvements, however, the bike and pedestrian trail and landscape buffer along Three Mile Drive and Farm to Market road cannot since this is primarily a safety component and provides buffering and separation between the subdivision and the highway. Police: This subdivision would be in the jurisdiction of the City of Kalispell Police Department once annexed to the city. The department can adequately provide service to this subdivision, however the cumulative impacts of growth within the city further strains the departments ability to continue to provide the high level of service the department is committed to. When considering whether or not to annex the Three Mile Drive and Farm to Market Road right of ways, impacts to the police department should also be duly noted. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department once annexed to the city, and the subdivision will be required to comply with the Uniform Fire Code. The fire department will review and approve the secondary access to the site if required during interim phasing, the number and location of hydrants within the subdivision as well as fire flows for compliance with applicable fire codes. Although fire risk is low because of good access and fairly level terrain, the fire department is recommending that access to the subdivision and the hydrants are in place prior to final plat approval and j or use of combustible materials in construction. The location of this site strains the limits and resources of the Kalispell Fire Department because of the distance from the current and single fare station in the city. A site is noted on the plat for a fire department substation, but it is only one half acre in size. The minimum requirement for a parcel for a substation is approximately 200 feet by 200 feet in size. The creation of a lot this size will necessitate the reconfiguration of the access road at the northwest corner of the subdivision. Staff is recommending that the developer work with the fire department on determining and accommodating their needs. Solid Waste: Solid waste will be handled by the City of Kalispell and taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. 7 Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Hospital is close, less than three miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has been traditionally used for very limited agricultural purposes, primarily grazing and grains. It can be efficiently and effectively used for urban residential development. Its location and its proximity to urban services makes this property suited for urban scale development. There will be relatively little impact on agricultural uses within the Valley and no impact on agricultural water user facilities since this property will be served by a public water system. 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 Suburban Residential. Areas designated as Suburban 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 up to four dwelling units per acre and the requested R-2 / PUD zoning for the site has an overall maximum density of approximately 3.42 dwelling units per acre. This subdivision is in compliance with the Kalispell Growth Policy and its goals and policies. G. Compliance with Zoning: This property has been proposed to be zoned R-2, a Single Family Residential district with a PUD overlay. A complete report on the zoning for the property and deviation from the strict R-2 zoning standards is fully detailed in the companion report KA-04-18 / KPUD-04-7. H. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations and no variances have been requested. Staff recommends that the Kalispell City -County Planning Board adopt staff report KPP- 04-13 as findings of fact and recommend to the Kalispell City Council that preliminary plat for the subdivision be approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat). 2. That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. 0 3. 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), 4. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. 5. That a pedestrian trail be developed within the BPA easement between the two internal roadways that has been reviewed and approved by the Kalispell Parks and Recreation Department. The cost of developing the pedestrian path shall be counted towards the parkland dedication requirements. (Kalispell Site Development Review Committee) 6. 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. (Kalispell Subdivision Regulations, Section 3.11). 7. That the area designated on the plat as "park" shall satisfy in part the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. Parkland dedication requirements are based upon 11 percent of the area in lots. Subtracting the required one acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for 3.25 acres in parkland or a combination of parkland with improvements. The remaining 1.79 acres can be met through a cash equivalent in improvements to the property. Based on a valuation of $18,000 per acre, remaining improvements and or cash in lieu of parkland would be in the amount of $32,220. (Kalispell Subdivision Regulations, Section 3.19). 8. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Section 503. d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. E e. Section E. Supportive Documentation, Item (a), indicates designation of a .51 acre lot for construction of a future fire station. It should be noted that the minimum lot size acceptable for fire station design is 200 feet by 200 feet. f. It is recommended that consideration be given to annexation of Three Mile Drive and Farm to Market Road adjacent to the public right-of-way. 9. That the parcel indicated for the fire department substation be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at the time of final plat submittal. If the lot proposed for the fire department substation is not needed or wanted by the City, a letter shall be obtained from the Kalispell Fire Department stating as much as the lot shall be converted to two lots for single family residential development. 10. That a provision be made for a future 60 foot right of way easement within the subdivision that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west in the area of the BPA transmission easement along the north boundary. (Kalispell Subdivision Regulations, Section. 3.04). 11. That a letter be obtained from the Montana Department of Transportation and Flathead County Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market Road) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. (MDOT) 12. 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. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09). 13. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from triis subdivision to adjoining properties. A five foot utility easement be placed behind the right-of-way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Public Works Department). 14. After the construction and installation of utilities are completed, the developer shall insure that all property corners are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as an electrical pad, an offset marketer shall be placed and recorded on the final plat. (Kalispell Public Works Department). 15. The filling of the gravel pit should be coordinated with the City of Kalispell Public Works Department with the appropriate testing performed and documented. (Kalispell Public Works Department). 10 16. That the covenants and homeowners by-laws specifically include the required setbacks and other development standards. That a provision be included in the covenants and by laws that addresses the assessments and maintenance of the common areas including the BPA easement. Additional language be included in the covenants to prohibit the dumping of any lawn clippings, leaves, garbage or other debris in the BPA easement. That the covenants be corrected to reflect the correct language that relates to this subdivision and eliminates language that refers to the maintenance of private water and / or sewage treatment systems. 17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 18. 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)). 19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 22. 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. 23. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). REPORTS \ KALISPELL \ KPP-04-11. D OC NIX 11 "Wk r SAG-1 0 AG-20 :)ubiej Orme ONVV .3 410 4 X�A L7, VICINITY MAP SCALE 1" 1200' TOUCHSTONE, LLC/CARLEEN SEVERSON PRELIMINARY PLAT - MOUNTAIN VISTA ESTATES A 171 LOT (110 SINGLE-FAMILY, 60 TOWNHOUSES, I COMMERCIAL) MIXED USE SUBDIVISION ON APPROX. 50 ACRES FLED CONCURRENT L vi WITIr I IN17AL 7CNING 1 IF(-,N ANNE)CA-TI-ICN - I I AND, A k: j LANNED IN1-7E'V"-=LCPIVIEN-i" ?UJT DATE IN 5,104 R-4 IR-4 rR-2/PUE) RECEIVED Tri-City Planning Office 17 Second St East, Suite 211 { PlAi�Nl ®FFiCE Kalispell, MT 59901 Phone: t4061751-1850 Fax: (4061751-1858 MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION KALISPELL WHITEFISH COLUMBIA FALLS FEE SCHEDULE: FEE ATTACHED-# -7 CTO, 06 '7 Major Subdivision (6 or more lots) $750 + $40/lot Mobile Home Parks & Campgrounds (6 or more spaces) $750 + $40/space Amended Preliminary Plat $250 Subdivision Variance $100 (per variance) Commercial and Industrial Subdivision Add $200 to base preliminary plat fee SUBDIVISION NAME: _ TrNnt,- c, U ,5 s 5 �CS OWNER(S) OF RECORD: 1rn.cl-tee, '�e.. L-Lc- C-A"�e , Severso, Name%lx7a\N4e,- _ Phone - 7 Mailing Address i g R4 lI . rc n� iai as, city State State x Zip S190t TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): AddressName & • i Address Name & LEGAL DESCRIPTION OF PROPERTY: Property Address $S 71-\tee—yt- Ov- rbr, Assessor's Tract No(s) 11 3- o,,,,,,,,,,,,,,T Lot No(s) 1/4 Sec Si,k-� Section— Township � �- Range._ a a GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces I 1 Total Acreage in Subdivision yS0,17 Total Acreage in Lots -306� Minimum Size of Lots or Spaces C . i i Total Acreage in Streets or Roads,,,,-10 , , 1 Maximum Size of Lots or Spaces Total Acreage in Parks, Open Spaces and/or Common Areas 9, 1 a PROPOSED USES) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family 1 \ 'Townhouse Duplex IoQ Apartment CommercialIndustrial Condominium Multi -Family Mobile Home Park Recreational Vehicle Park Planned Unit Development Other APPLICABLE ZONING DESIGNATION & DISTRICT H_G- 2O ° SA9- k 0— -- ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS ' Roads: Gravel _Paved / Curb V Gutter Sidewalks - i, Alleys ___ _Other Water System: Individual _Multiple User _Neighborhood _Public ✓ Other Sower System: Individual ----Multiple User Neighborhood Public / Other Other Utilities: Cable TV Telephone _,A,—,Electric�' _Gas _Other Solid Waste: Home Pick Up Central Storage _Contract Hauler _Owner Haul _ Mail Delivery: CentralrIndividual School District: Fire Protection: Hydrants ✓ Tanker Recharge _ Fire District: tb �5� a11ev Drainage System: max^ k\ �gy� 1_cN arvt r�or k kn Il ba L ATION CONTROL: VARIANCES: ARE ANY VARIANCES REQUESTED? j 3 6 (yes/no) If yes, please complete the information below: SECTION OF REGULATIONS CREATING HARDSHIP: EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE WITH REGULATIONS PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW: 1. Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? 2_ Will the variance cause a substantial increase in public costs? 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations, Master Plan or Growth Policy? 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? 5. What other conditions are unique to this property that create the need for a variance? 3 APPLICATION CONTENTS: The subdivider shall submit a complete application addressing items below to the Tri- City Planning Office at least thirty five (35) days for Kalispell, and 43 days for Whitefish and Columbia .Falls prior to the date of the Planning Board meeting at which it will be heard. Preliminary plat application. 2. 20 copies of the preliminary plat. One reproducible set of supplemental information. (See Appendix A of Subdivision Regulations for the city where the subdivision is proposed.) 4, One reduced copy of the preliminary plat not to exceed 11" x 17" in size. 5. Application fee. 6. Adjoining Property Owners List (see example below and attached notice from County Plat Room): Assessor# See -Torn -Rag I.ot/Tract No Property Owner & Mailing Address I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. (Applicant) As approved by the TCPB, Effective 03/ 15/04 (Bated / 4 Tri-City Planning Office 17 Second Street East - Suite 211 KaUspefl, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net MEMORANDUM TO: Kalispell City Staff and Other Interested Parties FROM: Narda A. Wilson, Senior Planner RE: January 11, 2005 - Kalispell Planning Board Meeting DAM- December 21, 2004 These items will go before the Site Development Review Committee in the Kalispell Building Department on the following dates: • December 23 - Initial Review December 30 - Staff Comments Final Comments By: January 3, 2005 so that they can be incorporated into the staff report. for the January 11, 2005 public hearing. Please bring your comments to the above referenced site review committee meeting(sl or submit your comments in writing or by phone, prior to January 3, 2005 so that they can be incorporated into the staff report to the planning board. You can reach me at 751-1852 or e-mail at tricitynarda(iZcenturytel.net. 1. A request by Flathead Hospital Development Company, LLC for a conditional use permit to allow a day care center at 66 Claremont Street in an existing building. The property is zoned H-1, a Health Care district which lists day care centers as a conditionally permitted use. The property can be described as Lot 4A of the Amended Plat of Lots 3 and 4 Highland Park 2aa Addition located in Section 6, Township 28 Worth, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by Touchstone LLC an initial zoning designation of R-2, Urban Single Residential, with a Planned Unit Development (PUD) overlay upon annexation to the city of Kalispell on approximately 50 acres. The property is located on the northeast corner of Three Mile Drive and Farm to Market Road. In conjunction with the annexation and proposed PUD zoning designation, a subdivision has been flied to be known as Mountain Vista Estates. The property is currently in the County zoning jurisdiction and is zoned AG-20 and SAG-10, Agricultural and Suburban Agricultural zoning districts. The property can be described as Providing Community Planning .Assistance To: • City of Kalispeil • City of Columbia Falls • City of Whitefish Referrals X PB I / I I / 05 mtg December 21, 2004 Page 2 Assessors Tracts ID and 1DB or Parcels A and B of COS 16084 in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 3. A request by Touchstone LLC for preliminary plat approval of Mountain Vista Estates, a 171 residential subdivision on approximately 50 acres_ As proposed there would be 110 lots for single family homes, 60 townhouses lots and one commercial lot. A request for annexation and an initial zoning designation of R- 2, / PUD has been filed concurrently with the subdivision request. The property can be described as a portion of Assessors Tracts 1D and IDB or Parcels A and B of COS 16084 Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Tf you need additional information regarding any of these items, please can me. Thank you for taking the time to review and comment on these items. - a w/attachments: Jim Stewart, Fire Dept. Mike Baker, Parks and Rec ,Tames Patrick, City Manager PJ. Sorenson, Zoning Administrator Roger Krauss, Police Dept. Frank Castles, City Engineer Jim Hansz, Public Works Director Andrew Sorenson, Assistance City Engineer Sandy Wheeler, Community Redevelopment Susan Moyer, Community Development Director Craig Kerzman, Chief Building Inspector Charles Harball, City Attorney West Valley Fire Department West Valley School District Charlie Johnson, County Road Department TCPO CERTIFICATION APPLICANT: Touchstone, LLCICarleen Severson TCPO FILE NO: KA-04-18; KPUD-04-7; KPP-04-I3 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 adioininix the property lines of the property that is requesting an annexation, Planned Unit Development, and Preliminary Plat. �} ilala• � %% / �7F /� S-T-R: 2-28-22 Lot/Tracts# iD & IDS Property Owner/Mail Address: Touchstone LLC/Carleen Severson AD% J. D. Walker _ 1289 North Meridian Road Kalispell, MT 59901 Marquardt & Marquardt Surveying 285 First Avenue, EN Kalispell, MT 59901 AND ATTACHED LIST Touchstone LLC, Carleen Severson c/o D.J. Walker 1289 N. Meridian Road Kalispell, MT 59901 Robert & Patricia Beberg P.O. Box 7983 Kalispell: MT 59901 Grosswiler Dairy P.O. Box 952 Kalispell, MT 59903-0952 Tracy Donovan 3461 Windmill Circle Billings, MT 59102 Samantha & Steven Fetveit P.O- Box 8173 Kalispell, MT 59904-1173 Marquardt Survey ng Joshua & Shelby Farnham 285 First Avenue, EN 735 W. Center Street Kalispell, MT 59901 Kalispell, MT 59901 Carleen Severson Larry & Cathy Baier 685 Three Mile Drive 345 North Hill Road Kalispell, MT 59901 Kalispell, MT 59901 Clinton Grosswiler, Cynthia Marvin Devon & Tracy Anderson Catherine Baier 575 Three Mile Drive 290 West Valley Drive Kalispell, MT 59901 Kalispell, IV1T 59901 Roy Stanley Family Ltd Partnership David Nobach, Etal P.D. Box 314 AD% Stephen Nobach 8365 SW 89r` Avenue Lakeside, MT 59922-0314 Portland, OR 97223 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION January 11, 2005 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, January 11, 2005 beginning at 7.00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda item. The Board will make a recommendation to the Kalispell City Council who will tape final action. 1. A request by Flathead Hospital Development Company, LLC for a conditional use permit to allow a day care center at 66 Claremont Street in an existing building. The property is zoned H-1, a Health Care district which lists day care centers as a conditionally permitted use. The property can be described as Lot 4A of the Amended Plat of Lots 3 and 4 Highland Park tad Addition located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by Touchstone LLC an initial zoning designation of R-2, Urban Single Residential, with a Planned Unit Development (PUD) overlay upon annexation to the city of Kalispell an approximately 50 acres. The property is located on the northeast corner of Three Mile Drive and Farm to Market Road. In conjunction with the annexation and proposed PUD zoning designation, a subdivision has been filed to be known as Mountain Vista Estates. The property is currently in the County zoning jurisdiction and is zoned AG-20 and SAG-10, Agricultural and Suburban Agricultural zoning districts. The property can be described as Assessors Tracts 1D and 1DB or Parcels A and B of COS 16084 in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 3. A request by Touchstone LLC for preliminary plat approval of Mountain Vista Estates, a 171 residential subdivision on approximately 50 acres. As proposed there would be 110 lots for single family homes, 60 townhouses lots and one commercial lot. A request for annexation and an initial zoning designation of R-2, / PUD has been filed concurrently with the subdivision request. The property can be described as a portion of Assessors Tracts ID and 1DB or Parcels A and B of COS 16084 Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Documents pertaining to this agenda item are on file for public inspection at the Tri- City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. luterested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or you may contact Narda Wilson, Senior Planner at (406) 751-1850 or e-mail her at tricitvnarda(a-). centu1nel.net for additional information. Thomas R. Jeniz Planning Director Rim 116g, f� i POW SiMMOMY R RWIU-WAk