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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@centu rytel. net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner .James H. Patrick, City Manager SUBJECT Spring Creek Estates Preliminary Plat MEETING DATE: May 2, 2005 BACKGROUND: This is a request for preliminary plat approval of 174 lot residential subdivision on approximately 51.1 acres. The property is located on the south side of Three Mile Drive and east of West Spring Creek Road. A petition to annex and request for an initial zoning designation of R-3, Urban Single Family Residential, have been filed concurrently with the preliminary plat request. New internal roadways would be developed that will create two new approaches onto Three Mile Drive. The westerly approach will align with the Mountain Vista Estates access that was approved earlier this year. In addition, the subdivision proposes two internal accesses to the east into the recently approved Aspen Creek preliminary plat, as well as two access points to the west and south to insure future connectivity. A 2.19 acre park has been located on the northwest corner of the site and a bike path has been proposed adjacent to Three Mile Drive in land set aside as a neighborhood common area. Lots in the „ ,rtirricinr� raa-irsa -r n 7 Flq,, iPP4 4n i q nnn ATIPNrc ava r,rns-�ncr r-1 cur.. uivs.ivi.. a.....�.b.,, .: v...... ,..... .� ..,.�....... ,. �..,.,� .,... y.�,,... . ,.�u...... .. ,.�.�... .. ..�..,�,.....,. ... N�..t.�.,,V.,,, for a majority of the development. In addition, a 10-foot wide landscape buffer is proposed for those lots in the southeast corner which abut Aspen. Knoll, a large lot, rural subdivision recently platted by the County. The Kalispell Planning Board held a public hearing on April 12, 2005 to consider this proposal. Jeff Larsen, representing the applicant, spoke in favor of this project stating they felt this was a good design with the alley access and the future road extensions. Tim Birk, developer, stated they wanted to offer something more traditional and the, alleys helped to address some utility issues. They both asked that the City take the alleys for ownership and maintenance once constructed to the City's specifications. At the public hearing two people from the neighborhood spoke in opposition stating they have one acre lots to the south and felt this subdivision would affect their property values. They asked that buffering, larger lots, a park or some other provision be made to buffer the subdivision from their neighborhood. After the public hearing the board discussed the proposal and agreed the alley design resulted in a good overall subdivision. They also discussed providing an incentive for this type of design was important and could be accomplished by having the City take over maintenance of the alleys. A motion was made to approve the preliminary plat subject to the recommended conditions outlined in attached Exhibit A which passed on a unanimous vote. Providing Community Planning Assistance To: ® City of ]Kalispell • City of Whitefish . City of Columbia Falls Spring Creek Estates Preliminary Plat April27, 2005 Page 2 RECOMMENDATION: A motion to adopt the resolution approving the preliminary plat for this subdivision would be in order FISCAL EFFECTS: Limited positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Akllf Narda A. Wilson m ames H. Patrick Senior Planner City Manager Report compiled: April 27, 2005 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report #KPP-05-3 and application materials Draft minutes from 4/ 12/05 planning board meeting TRANSMIT\ KALISPEL\ 2005 \KPP-05-3MEM RESOLUTION NO. 5006 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF SPRING CREEK ESTATES, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACT 4C IN THE NORTH 1/2 OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Tim Birk, 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 12, 2005, on the proposal and reviewed Subdivision Report ##KPP-05-3 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 Spring Creek Estates, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 2, 2005, reviewed the Tri-City Plan -fling Office Report #KPP-05-3, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report #KPP-05- 3 are hereby adopted as the Findings of Fact of the City Council. SECTION IL That the application of Tim Birk for approval of the Preliminary Plat of Spring Creek Estates, 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 preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat). 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). An approach permit shall be obtained from the Montana Department of Transportation for the two access points onto three Mile Drive and that any needed improvements be accomplished prior to the submittal of the final plat after being reviewed and approved by the MDOT. (MDOT requirement) 4. That a minimum 20-foot buffer strip shall be established along Three Mile Drive between. the road R/W 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 letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the minimum five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 6. That the area designated on the plat as "park" shall satisfy in part the requirements for parkland dedication and small 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 be left as passive open space. The improvements should equal the cash value of 1.493 acres or $29,860 based on a valuation of approximately $20,000 per acre. Remaining cash, if any, above this amount shall be given to the City of Kalispell as cash in lieu of parkland dedication. (Kalispell Subdivision Regulations, Section 3.19). 7. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fare 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. c. 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. 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). 9. Alleys shall be designed with a center line crown and in no event will alleys be constructed with an inverted centerline as this concentrates drainage down the center of the alley and leads to early surface failure. (Public Works) 10. Once completed in accordance with plans and specifications reviewed and approved by the Kalispell Public Works Department, the alleys in the subdivision shall be owned and maintained by the Cit of Kalispell. (Ka.lispell Planning Board 11. A note be placed on the plat and in the covenants that requires access from the alleys for those lots that have alley access and there will be no curb cuts or access from the street for those lots with alleys. 12. Ail 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). 13. 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). 14. Lots within the subdivision on the final plat shall be consecutively numbered from I -W-174 to assist in describing and locating lots. (Public Works Department) 15. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. The developer shall be responsible for developing the mail service program according to the approved plans. (Kalispell Subdivision Regulations, Section 3.22). 16. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 17. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 18. That a minimum of two-thirds of the necessary infrastructure for this subdivision or each successive phase shall be completed prior to final plat submittal. 19. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 20. A note shall be placed on the face of the final plat which waives protest to the creation of any special improvement districts for upgrade of roads in the area to City standards which are impacted by this subdivision. 21. That preliminary plat approval 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 if the subdivision is phased. (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 2ND DAY OF MAY, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Tri-City Planning Office 17 Second Street East -- Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 t r i c i ty(q'� cen t o rytel. n et April 27, 2005 James H. Patrick, City Manager City of Kalispell P.Q. Box 1997 Kalispell, MT 59903 Re: Spring Creek Estates Preliminary Plat - Three Mile Drive Dear Jim: The Kalispell City Planning Board met on April 12, 2005, and held a public hearing to co3consider n request by Tim —P rk for preli i iar-, plat approval -47 z 1 7A I-* 3a 1; 7 1+31ut�AA u. a.0 ua....a c. �.+y axiis u�a is iv.c �.a„afisi�.a.aua,y F.—I uFp—c — u 1 r ""r I\ t, subdivision on approximately 5 1. 1 acres. The property is located on the south side of Three Mile Drive and east of West Spring Creek Road. A petition to annex and request for an initial zoning designation of R-3, Urban Single Family Residential, have been filed concurrently with the preliminary plat request. New internal roadways would be developed that will create two new approaches onto Three Mile Drive. The westerly approach will align with the Mountain Vista Estates access that was approved earlier this year. In addition, the subdivision proposes two internal accesses to the east into the recently approved Aspen Creek preliminary plat, as well as two access points to the west and south to insure future connectivity. A 2.19 acre park has been located on the northwest corner of the site and a bike path has been proposed adjacent to Three Mile Drive in land set aside as a neighborhood common area. Lots in the subdivision range from. 7,035 square .feet to 15,000 square feet. Alleys are proposed for a majority of the development. In addition, a 10-foot wide landscape buffer is proposed for those lots in the southeast corner which abut Aspen Knoll, a large lot, rural subdivision recently platted by the County. Narda Wilson, of the Tri-City Planning Office, presented staff report #KPP-05-3 evaluating the proposal and recommending approval of the preliminary plat subject to the conditions outlined in the staff report. She noted the use of the alleys and raised the question regarding maintenance and ownership by the City or the homeowners. Jeff Larsen, representing the applicant, spoke in favor of this project stating they felt this was a good design with the alley access and the future road extensions. Tim Birk, developer, stated they wanted to offer something more traditional and the alleys helped to address some utility issues. They both asked that the City take the alleys for ownership and maintenance once constructed to the City's specifications. At the public hearing two people from the neighborhood spoke in opposition stating they have one acre lots to the south and felt this subdivision would affect their property values. They asked that buffering, larger lots, a park or some other provision be made to buffer the subdivision from their neighborhood. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Spring Creek Subdivision. Preliminary Plat April 27, 2005 Page 2 After the public hearing the board discussed the proposal and agreed the alley design resulted in a good overall subdivision. They also discussed providing an incentive for this type of design was important and could be accomplished by having the City take over maintenance of the alleys. A motion was made to approve the preliminary plat subject to the recommended conditions outlined in attached Exhibit A which passed on a unanimous vote. Please schedule consideration of this preliminary plat for the Kalispell City Council meeting of May 2, 2005. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board 44 J George Taylor President GT/NW/rna Attachments: Exhibit A - Recommended Conditions of Approval Staff report KPP-05-3 and application materials Draft minutes 4 / 12 / 05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: 'Tim Birk, 2239 Lower Valley Rd., Kalispell, MT 59901 Larsen Eng & Surveying, Inc., Sox 2071, Kalispell, MT 59903 H:\FRICO\TRANSMrr\KAL1SPEi.\2©05\KPP-o5-3.DOC Spring Creek Subdivision Preliminary Plat April 27, 2005 Page 3 EXHIBIT A SPRING CREEK ESTATES SUBDIVISION PRELIMINARY PLAT CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD APRIL 12, 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 April 12, 2005 planning board meeting: 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 preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat). 2. That the plans and specifications for all public infrastructure be designed and arictallc>r� in arrnrrianr-a tx�iii-� the Tralicrtr�ll rl�cian an�i f nnctr��rtinn �tanr�arrle ar�rl 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. An approach permit shall be obtained from the Montana Department of Transportation for the two access points onto three Mile Drive and that any needed improvements be accomplished prior to the submittal of the final plat after being reviewed and approved by the MDOT. (MDOT requirement) 4. That a minimum 20-foot buffer strip shall be established along Three Mile Drive between the road R/ W and the subdivision that would include a bike and pedestrian trail and buffering in the form of Bering 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 letter be obtained from the Kalispell Parks and Recreation. Director approving a landscape plan for the placement of trees and landscaping materials within the minimum five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section. 3.11). 6. 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 be left as passive open space. The improvements should equal the cash value of 1.493 acres or $29,860 based on a valuation of approximately $20,000 per acre. Remaining cash, if any, above this amount shall Spring Creek Subdivision. Preliminary Plat April 27, 2005 Page 4 be given to the City of Kalispell as cash in lieu of parkland dedication. (Kalispell Subdivision Regulations, Section 3.19). 7. 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. It is recommended that consideration be given to annexation of Three Mile Drive w.,a Far,-., to Nl rl-at lRoa adjacent to '--he public rigI t_of_�Vay cola i'eu a�i i� xr eeu �a i t�.�uu uu�u� �xxi iv ua� j u u aa�j=xi vi .•uy S. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. 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). 9. Alleys shall be designed with a center line crown and in no event will alleys be constructed with an inverted centerline as this concentrates drainage down the center of the alley and leads to early surface failure. (Public Works) 10. Once corn leted in accordance with plans and s ecifications reviewed and a roved by the Kalispell Public Works De artment the alleys in the subdivision shall be owned and maintained .. -by the Cit of Kalispell. (Kalispell- Planning Board 11. A note be placed on the plat and in the covenants that requires access from the alleys for those lots that have alley access and there will be no curb cuts or access from the street for those lots with alleys 12. 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) . Spring Creek Subdivision Preliminary Plat April 27, 2005 Page 5 13. 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). 14. Lots within the subdivision on the final plat shall be consecutively numbered from l - 174 to assist in describing and locating lots. (Public Works Department) 15. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. The developer shall be responsible for developing the mail service program according to the approved plans. (Kalispell Subdivision Regulations, Section 3.22). 16, Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 17. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 18. That a minimum, of two-thirds of the necessary infrastructure for this subdivision or each successive phase shall be completed prior to final plat submittal. 19. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 20, A note shall be placed on the face of the final plat which waives protest to the creation of any special improvement districts for upgrade of roads in the area to City standards which are impacted by this subdivision. 21, That preliminary plat approval 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 if the subdivision is phased. (Kalispell Subdivision Regulations, Section 2.04). April 27, 2005 y� Zvi Mayor Pam KennedyiFEL, And City Council Members P. 0. Box 1917 Kalispell, MT 59903 RE: Preliminary Plat Approval — Spring Creep Estates On April 12, 2005 the Kalispell City Planning Board and .honing Commission approved the preliminary plat for the 51-acre subdivision. (171 lots) titled Spring Creek Estates owned by Tim Birk and Roy and Carol Stanley. The proposed Spring Creek Estates adjoins the northern edge of Aspen Knoll, lying within the County with most lots equaling 1 acre (see Exhibit A, vicinity map). Our home in Aspen Knoll is the most heavily impacted by the new subdivision, with 4 city lots spanning the back of our lot (see Exhibit B_ preliminary Plat drawinu)_ Our next - door neighbors are also affected with 2 Ball city lots and a partial third lot hitting the corner edge of their property. At the planning board meeting, one neighbor and I spoke of concerns for the density of the subdivision, but most particularly the area adjoining the Aspen Knoll subdivision. Pati's stated concerns were: 1. Of course, who wants to deal with 4 different neighbors across one boundary? Our mountain view will be wiped out. Although we anticipated housing would be built in this area, we did not anticipate the density being so dramatically different when we purchased our home and now we will lose the aesthetics of the area purely an economic and selfish view according to some. 2. We had not planned to fence our property. Now it will need to be fenced or conceivably end up with 4 different fences across the back. 3. Although there is a 10-foot landscape barrier proposed, these lots (lot #5 — 10) are deeper than others and something more than 10 feet could be identified. 4. Today, the area covered by lot 5-10 is used by a small herd of deer and many pheasant to cross from one wooded area to another. This pathway will be gone as well as the wildlife in the area. 5. Since the parkland for the subdivision does not equal what the City generally proposes, we suggested that perhaps some of the lots at the southern edge (#5- 10) could be converted to parkland to alleviate issues 2 - 4 listed above. Unfortunately, the planning board did not listen to our concerns. We believe they didn't listen because they were so enthralled with the fact that the Spring Creek Estates was laid out with alley ways (a laudable addition) and that the park was being located near a power lime area that otherwise might he unusable, as well as, providing cash in lieu to provide equipment, etc., as the City takes over the park. It was our feeling that they were only considering impact to the City and did not value being good neighbors. We would like to again recommend for your consideration prior to approving the preliminary plat: 1. Additional park -land on at least lots #7-10 (preferably lots #5-10) ,o 2. A 5-6' decorative stone -type fence erected on the survey property line across lot #5-10 to be built by the developer, 3. A 15-20 foot buffer (rather than the proposed 10 Feet) on lot 95-10, planted with evergreen vegetation no taller than 6 feet. Thank you for your consideration. Sincerely, r Pati and Paul Heath 160 Aspen toon Lot 13 Aspen moll Subdivision Kalispell, SIT 59901 406-257-3379 }RFD April 27, 2005 ., _� 14 � � Mayor Parrs Kennedy � � 1 i IL ERK And City Council Members R O. Box 1917 Kalispell, MT 59903 RE: Preliminary Plat Approval -- Spring Creek Estates On April 12, 2005 the Kalispell City Planning Board and Zoning Commission approved the preliminary plat for the 51-acre subdivision (171 Iots) titled Spring Creek Estates owned by Tian Birk and Roy and Carol Stanley. The proposed Spring Creek Estates adjoins the northern edge of Aspen Knoll, lying within the County with most lots equaling 1 acre (see Exhibit A, vicinity map). Our home in Aspen Knoll is impacted by the new subdivision, with 2 city lots spanning the back of our lot (see Exhibit B, preliminary Flat drawing). Our next -door neighbors are also affected with 4 full city lots across the back of their property. At the planning board meeting, our neighbors spoke of concerns for the density of the subdivision, but most particularly the area adjoining the Aspen Knoll subdivision. They stated concern which included: 1. Who wants to deal with multiple neighbors across one boundary? Our mountain view will be wiped out. Although we anticipated housing would be built in this area, we did not anticipate the density being so dramatically different when we purchased our home and now we will lose the aesthetics of the area. 2. We had not planned to fence our property. Now it will need to be fenced or conceivably end up with several different fences across the back. 3. Although there is a 10-foot landscape barrier proposed, these lots (lot #5 —10) are deeper than others and something more than 10 feet could be identified. 4. Today, the area covered by lot 45-10 is used by a small herd of deer and many pheasant to cross from one wooded area to another. This pathway will be gone as well as the wildlife in the area. 5. Since the parkland for the subdivision does not equal what the City generally proposes, they suggested that perhaps some of the lots at the southern edge (#5- 10) could be converted to parkland to alleviate issues 2 - 4 listed above. Unfortunately, the planning board did not listen to the concerns. We believe they didn't listen because they were so enthralled with the fact that the Spring Creek Estates was laid out with alley ways (a laudable addition) and that the park was being located near a power lime area that otherwise might be unusable, as well as, providing cash in lieu to provide equipment, etc., as the City takes over the park. It was our feeling that they were only considering impact to the City and did not value being good neighbors. We would like to again recommend for your consideration prior to approving the preliminary plat: 1. Additional landscaped park -land on at least lots #7-10 (preferably lots #5-10) M 2. A 5-6' decorative stone fence erected on the survey property line across lot 45-10 to be built by the developer. W, 3. A 15-20 foot buffer (rather than the proposed 10 feet) on lot 95-10, planted with evergreen vegetation no taller than 6 feet, Thank you for your consideration. Sincerely, Gunter & Margaite Fercho 170 Aspen Loop Lot 12 Aspen Knoll Subdivision Kalispell, NIT 59901 406-257-1596 ( ti tq COUNTY , , w - COUNTY AGE 20 SAG-5 # 8 9 lfl i1 '12 °1 J 1 j iH 3 6� ! p OF _ 1BDB 1. t r r v� �a COUNT ID ` 1 ! .,rY4Q€Ch. ! BD 2 1 4i4" 1 1DB ._.. _ _AG o _ LBDA i 43� 2€lt R 2/PU D f ! o IBC _ 44� 2 # IAC LUDA 1 1BH 1 1A _ ._., .._.-_ ....... t a IABA 231 24 ,z 1 f { 4 3F 4A R-2/P U 3 ! 4D { if 4 249 81 33 Ic i i .- - - _ _'ec' Su t Pro ert p Y 30. i h__ 2S : 4AH s F m 7 28 t 27 26i 25-Lg tt 1 t 1H V ti/i 27 7 - 6- 7 €7 , 6 "`-16 Ii / \.� -18 o , Y Y V o \ �29, ` 4 { `fig i _ ' 30 2 2Qf 21la B j I 6ABA'6ABB16AB? j j ,QAAA` 2HAB 2BA 2D I 1 � - - — 6AA i _ ..._....__28 - 28G ' 3ACE3AC�K3Aq - 2AAAB - 3AC1#3lhCB VICINITY MAP SCALE 1" = 600' TIM BIRK/ROY & CAROL STANLEY LMT PARTNERSHIP PRELIMINARY PLAT - SPRING CREEK ESTATES A 174 LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON 51.10 ACRES - FILED CONCURRENTLY WITH INITIAL ZONING UPON ANNEXATION y7 i� I (� y F .i. 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I p lF�K tll �uv p p _ou mu r �w p � plp O,aw w 1 goer ev -- -- --~ — ---- —z-- Lamm s ,pier SPRING CREEK ESTATES PRELIMINARY PLAT TRI-CITY PLANNING OFFICE STAFF REPORT #KPP-05-3 APRIL 5, 2005 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for preliminary plat approval of a 174 lot residential subdivision on property proposed for an initial zoning designation of R-3, Urban Single Family Residential. A public hearing on this proposal has been scheduled before the planning board for April 12, 2005 in the Kalispell City Council Chambers. The planning board will forward a recornm.endation to the city council for final action. BACKGROUND: A petition to annex with a request for initial zoning of R-3, an Urban Residential zoning designation, has been filed concurrently with this preliminary plat. The property contains approximately 51.1 acres and is located on the south side of Three Mile Drive easterly of West Spring Creek Road. A. Petitioner and Owners: Tim Birk 2239 Lower Valley Road Kalispell, MT 59901 (406) 250-8729 Technical Assistance: Larsen Engineering and Surveying, Inc. P.O. 2071 Kalispell, MT 59903 (406) 752-7808 B. Nature of Application: This is a request for preliminary plat approval of a 174-lot single family residential subdivision on approximately 51.1 acres in the northwest part of Kalispell. This property is being proposed for annexation into the city of Kalispell concurrently with the preliminary plat and given a zoning designation, of R-3, an Urbana. Single Family Residential zone that is intended primarily for single-family homes. A new internal roadway would be developed that will create two new approaches onto Three Mile Drive. The westerly approach will align with the Mountain Vista Estates access that was approved earlier this year. In addition, the subdivision proposes two internal accesses to the east into the recently approved Aspen Creek preliminary plat, as well as two access points to the west and south to insure future connectivity. A 2.19 acre park has been located on the northwest corner of the site and a bike path has been proposed adjacent to Three Mile Drive in land set aside as a neighborhood common area. Lots in the subdivision range from 7,035 square feet to 15,000 square feet. Alleys are proposed for a majority of the development. In addition, a 10-foot wide landscape buffer is proposed for those lots in the southeast corner which abut Aspen Knoll, a large lot, rural subdivision recently platted by the County. C. Location and Legal Description of Property: The property proposed for subdivision lies on the south side of Three Mile Drive east of West Spring Creek Road and immediately east of the BPA Transmission corridor. The property can be described as Assessor's Tract 4C in the N2 of Section 1.1, Township 28 North, Range 22 Test, P.M.M., Flathead County, Montana. D. Size: Total Area: Total Lot Area in Lots: Area in Roads: Park Area: Common area bike path Minimum Lot Size: Maximum Lot Size: 5 1. 10 acres 33.15 acres 14.88 acres 2.19 acres 0.18 acres 7,035 square feet 15,000 square feet E. Existing Land Use: This property currently is vacant agricultural land. F. Adjacent Land Uses and Zoning: The immediate area is characterized as a rural suburban residential neighborhood undergoing urbanization as severer and water are extended out from Kalispell and adjacent lands are developed at urban scale density. The preliminary plat of Aspen Creek lies immediately to the east. The preliminary plat of Mountain Vista Estates lies to the north across Three Mile Drive. North: Preliminary platted Mountain Vista. Estates subdivision intended for single family and two unit townhouse residences, City R-2 PUD zoning East: Preliminary platted Subdivision of Aspen Creek with two, three and four unit townhouses, City R-2 PUD zoning South: Undeveloped agricultural lands (AG 80) and Aspen Knoll (County R-2), a county single family development on a community well and individual septic systems. West: Agricultural lands zoned AG-80, West Valley Overlay. G. General Land Use Character: The area can be described as an area in transition with urban sized lots in various stages of development where public utilities have been extended or are available. New subdivisions in the area include Mountain Vista Estates which is a mixture of single family and two unit townhouses, Aspen Creek with a mix of two unit townhouses and single family homes, Blue heron Estates, primarily single family with limited two unit townhouse development, and Bowser Creek Estates, a mix of single family and two unit townhouses. This is an area of rapid transition from a suburban and rural environment to an urban environment because of the availability of utilities. H. Zoning: This property is bring annexed concurrently with review of the preliminary plat and the developers are requesting an assignment of R-3, an Urban Residential zoning district that is intended primarily for single family homes. This district has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 60 feet. I. Utilities: This subdivision would receive full City services. Water: City of Kalispell Sewer: City of Kalispell Solid Waste: Private Hauler Gas: Northwest Energy Electricity: Flathead Electric Coop (underground) Telephone: CenturyTel (underground) Fire: City of Kalispell Schools: West Valley School District, School District #5 Police: City of Kalispell COMMENTS FROM THE SITE DEVELOPMENT REVIEW COMMITTEE This matter came before the site development review committee on March 24 and March 31, 2005. At those meetings, there were some concerns about the additional impacts of traffic onto Three Mile Drive. The committee agreed that these were issues that have been applicable to all subdivisions in the area and that the State would someday have to upgrade Three Mile Drive. Public works asked that the lots be numbered from 1 to 174 to aid in legal descriptions as opposed to numbering each block and them numbering each set of lots within the block 1 -1 12 for example. Public works was concerned that the alleys be required to remain private as they did not want to take on maintenance responsibilities. If alleys are designated private, the city garbage trucks in the future would not collect garbage from them. In addition public works stated that the alleys should be crowned and not inverted down the center for maintenance reasons. The bike and pedestrian path would be located within a homeowner's common area off of the R/W. There was considerable discussion as to the appropriateness of moving the park area to a more central location and possibly having two park sites. It was pointed out that the current park site would have access from the bike trail and be adjacent to the BPA corridor easement which will serge as an open space corridor going north and south. REVIEW AND FINDINGS OF FACT This application is reviewed as a major subdivision in accordance with statutory criteria and the Kalispell City Subdivision Regulations. A. Effects on Health and Safety: Fire: This subdivision would be in the service area of the Kalispell Fire :department. The property can be considered to be a low risk of fire because the subdivision, and homes within the subdivision. would be constructed in accordance with the Uniform, Fire Code and have access which meets City standards. All of the lots will abut a street that has been constructed to City standards. The property does not have steep slopes or woody fuels. Hydrants will be required to be placed in compliance with the requirements of the Uniform Fire Code and approved by the Fire Chief. The dre access and suppression system should be installed and approved by the fire department prior to final plat approval because of potential problems with combustible construction taking place prior to adequate fire access to the site being developed. Flooding: According to FIRM Panel #1805D dated 9/30/92 there are no areas of the 100 year floodplain within the site. Access: The applicants propose two new approaches onto Three Mile Drive. The westerly approach onto Three Mile will align with the approach from Mountain Vista Estates recently approved by the city. An internal road system will provide two .accesses extending east into Aspen Creek (preliminary plat approved), two accesses will also extend to the south and two accesses will extend to the west all with the intent of providing for future connectivity in the neighborhood. There is lack of pedestrian access along Three Mile Drive. This issue is being addressed through the provision of a bike/pedestrian trail along Three Mile within a newly dedicated homeowner's common area. The common area strip ranges in width from 20 feet to 30 feet. This trail will ultimately connect to other segments of trail being developed along Three Mile Drive. This can be coordinated with MDOT, Kalispell Parks and Recreation Department and Flathead County. In addition to the bike trail, the common area should incorporate buffering in the form of landscaping or a landscape berm. B. Effects on Wildlife and Wildlife Habitat: This property is generally level with a gentle slope and was used for grazing purposes. There may be some migratory birds and occasional deer may visit the site, however, this area does not provide significant habitat for wildlife. C. Effects on the Natural Environment: Surface and groundwater: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. No surface water is in close enough proximity to the site to create concerns with regard to this development. Drainage: This site is relatively level and does not pose any unusual challenges to site drainage. Curbs and gutters will be installed and a storm 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 the stormwater management plan. The drainage plan will have to comply with the City of Kalispell's standards and State standards and will be required to be designed by a professional engineer. D. Effects on local Services: Water: Water service to the subdivision would be provided by the City of Kalispell and extended from a water main that lies along Three Mile Drive. The crater main would be extended from its current location within the public right- of-way to the site and will not require any easements through private property. The water main would be extended through the subdivision serving each of the phases as they develop and eventually be extended further to the west along Three Mile Drive as well as extended to the east, west and south ends of the property where future access roads are proposed. 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 and it phases. There is adequate capacity within the City's water systern to accommodate this development. Sewer: Sewer service will be provided by the City of Kalispell with an extension of existing sewer mains from their existing location within Three Mile Drive right-of-way. No easements for the sewer would need to be acquired from private property owners. Design and construction of the mains will be reviewed and approved by the Kalispell Public Works Department. There is adequate capacity within the sewage treatment plan to accommodate this development. Roads: Traffic projections for this subdivision are estimated to be approximately 1,400 to 1,740 additional vehicle trips per day based on the estimate of S to 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 internal subdivision roads will access onto Three Mile Drive. The connection between this property and the development to the east (and south and west) will provide an additional connection and alternate route for traffic within the subdivision. Once the roads have been constructed and accepted by the City of Kalispell, they will be dedicated to the City and maintained. The applicants propose alleys for a majority of the subdivision.. The addition of alleys allows for improved design within the subdivision since garages can access onto the alley thus eliminating multiple curb cuts along the internal street system. They allow greater option for on -street parking for guests and visitors because the multiple driveway approaches are eliminated. They improve the streetscape appearance of the residences by eliminating the monotonous, sterile row of garages that characterize many of our newer neighborhoods. Finally they allow a location for utilities. The Public Works Department requests that the alleys be designed with a crown down the middle to shed water to the sides versus an inverted channel down the middle which collects and channels water and ultimately leads to eroding of the center of the alley. The applicants are requesting that the alleys be dedicated to the city. The Public Works Department requested that alleys be private and maintained by the homeowners. This decision has rarely come before the city council in the past and there is no clear policy regarding the acceptance of alleys for maintenance by the City. There may be some impacts to Three Mile Drive as a result of this subdivision. 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. There will be a moderate increase in traffic on Three Mile Drive with the commensurate impacts. 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. Typically this would be the responsibility of the State with regard to design, funding and construction Staff recommends placing a waiver to protest the creation of a special improvement district for the upgrade of roads in the area to City standards that may be impacted by this development consistent with past City policy and practices. Schools: This development is within the boundaries of the West Valley School Distract. The district obtained a bond several years ago to complete an addition on the school. That space is now nearly fully occupied. The district has no objections to the subdivision and will accommodate any new students into the district. It can be anticipated that approximately 85 - 90 school age children will be generated by this development with approximately 55 - 60 K - 8&= grade children headed for the West Valley School and 30 - 35 headed for the high school in Kalispell at full build out. This would have a potentially moderate impact on the grade school district, particularly on a cumulative level with other development pending within the district - both urban and rural. Parks and Open Space: 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 proposed for the development. The developer has stated they would like to utilize the park areas indicated on the plat to satisfy this requirement. With approximately 33.15 acres of the property in lots, parkland requirements would be 3.683 acres. The applicant is proposing a 2.19 acre park on the northwest corner of the project. This would be 1.493 acres short. The applicant also shows .88 acres in common area for trail development along Three Mile Drive. Please note that the trail area does not count toward parkland dedication, but instead is considered part of the public infrastructure necessary to address pedestrian movement. The applicant has the option of developing the park area with the remaining 1.493 acre area with cash in lieu of parkland dedications. The proposed park is just over two acres in size and has access to the bike and pedestrian trail along Three Mile Drive. In addition, the park abuts the BPA easement which serves as an open corridor through the community. The Parks Department encouraged that the park site be located more centrally or that a second park site be located in the subdivision given the number of houses proposed. However, there is also merit to its current location for the above stated reasons. Once developed, the park is proposed to be turned over to the City and maintained by the City of Kalispell. However, should the park remain private some type of maintenance agreement needs to be in place for the maintenance of the park area that can be incorporated into the covenants on the property or as a stand alone agreement. Police: This subdivision would be in the jurisdiction of the City of Kalispell Police Department. The department can adequately provide service to this subdivision, however the cumulative impacts of growth within the city further strains the department's ability to continue to provide the high level of service r_ the department is committed to. Fire Protection: 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. The fire department will review and approve the number and location of hydrants within the subdivision as well as fire flows and access. Although fire risk is lour because of good access and fairly level terrain, the fire department is recommending that access to the subdivision and the hydrants are in place prior to final plat approval and / or use of combustible materials in construction. Solid Taste: Solid waste will be handled by a private hauler for at least the first five years. Solid waste will be taken to the Flathead County Landfill. There is sufficient capacity within the landfill to accommodate the additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is close, less than, three miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has been traditionally used for limited grazing purposes, but is rxiore efficiently and effectively used for urban residential development. Its location within the planning jurisdiction, the fact that preliminary plats were approved for development abutting the north and east sides of this project and its proximity to urban services makes this property prime for the type of development being proposed. 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 reap 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 goad access to services and public facilities. This land use designation anticipates a density of four dwelling units per acre and the requested R-3, a single-family residential district is in substantial compliance with this land use goal. The overall density of the site can be calculated to be at a density of approximately 3.4 dwelling units per acre, and this subdivision would be 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-3, an Urban Single Family Residential district that is intended for single-family residential development and has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 60 feet. All of the lots within the subdivision comply with the minimum lot size and minimum lot width requirements of the R-3 zoning district. H. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations and no variances have been requested. RECOMMENDATION Staff recommends that the Kalispell City Planning Board adopt staff report #KPP-03-3 as findings of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to the following conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat). 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. An approach permit shall be obtained from the Montana Department of Transportation for the two access points onto three Mile Drive and that any needed improvements be accomplished prior to the submittal of the final plat after being reviewed and approved by the MDOT. (MDOT requirement) 4. That a minimum 20-foot buffer strip shall be established along Three Mile Drive between the road RJW and the subdivision that would include a bike and pedestrian trail and buffering in the form of beruig 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 letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the minimum five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 6. 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 be left as passive open space. The improvements should equal the cash value of 1.493 acres or $29,860 based on a valuation of approximately $20,000 per acre. Remaining cash, if any, above this amount shall be given to the City of Kalispell as cash in lieu of parkland dedication. (Kalispell Subdivision Regulations, Section 3.19). 9 7. 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. 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. S. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. 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). 9. Alleys shall be designed with a center line crown and in no event will alleys be constructed with an inverted centerline as this concentrates drainage down the center of the alley and leads to early surface failure. (Public 10. 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). 11. 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). 12. Dots within the subdivision on the final plat shall be consecutively numbered from 1 - 174 to assist in describing and locating lots. (Public Works Department) 13. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. The developer shall be responsible for developing the mail service program according to the approved plans. (Kalispell Subdivision Regulations, Section 3.22). c) 14. 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)). 15. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 16. That a minimum of two-thirds of the necessary infrastructure for this subdivision or each successive phase shall be completed prior to final plat submittal. 17. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 18. A note shall be placed on the face of the final plat which waives protest to the creation of any special improvement districts for upgrade of roads in the area to City standards which are impacted by this subdivision. 19. That preliminary plat approval 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 if the subdivision is phased. (Kalispell Subdivision Regulations, Section 2.04). TJ in v-� Ir