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Resolution 4092 - Preliminary Plat - Juniper Bend581 RESOLUTION NO. 4092 A RESOLUTION CONDITIONALLY APPROVING THE AMENDED PRELIMINARY PLAT OF THE SUBDIVISION OF TRACT NUMBERS 5E AND 5CA IN SECTION 6, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Mitchell/Swoish Partnership, the owner of certain real property (hereinafter described in Exhibit "A", attached hereto and thereby made a part hereof), has petitioned for the approval of the Subdivision Plat of said property, and WHEREAS, the proposed Subdivision Plat of said property is subject to the provisions of Section 2.7 (Summary Subdivision Review), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Flathead Regional Development Office has reviewed the proposed subdivision and made a report to the City Council of the City of Kalispell, said report considering and weighing all public interest criterion set forth in section 2.2(F)(3), Subdivision Regulations of the City of Kalispell, and WHEREAS, the City Council of the City of Kalispell has reviewed the report of the Flathead Regional Development Office and has found from the preliminary plat, and evidence, that the subdivision is in the public interest, and WHEREAS, the City Council has based its public interest findings upon the following findings of fact: A. EFFECTS ON PUBLIC HEALTH AND SAFETY: This subdivision is within the jurisdiction of the Kalispell Police and Fire Departments. Emergency medical support is located nearby at Kalispell Regional Hospital. Two issues are of concern, avoidance of development in the areas of steep slope and avoidance of development in or adjacent to the 100-year floodplain. Since this project received initial preliminary approval in December, 1992, the main access road alignment was re- designed in accordance with the wishes of the Kalispell Public Works Director. This was necessitated because the grade and curve of the original road design was unacceptable. This re -alignment forced Lot 12 to shift southward approximately 100 feet to avoid being built over the steep slopes. The proposed housing designs submitted as part of the application can accommodate a 10-foot drop in slope from front to rear of unit. However with the new positioning, Lots 5, 8, 10 and 12 all traverse building sites in with slopes of 12 - 18 feet. The parking lot of unit 1 has a 22% slope changing 11 feet in elevation for the turn -around area. In effect 1 582 the entire row of housing units extend out over the steep slope of the hill side in areas of 25% - 70% slope. Development out into this area, even with engineered plans, would cause the slope to be denuded, de -stabilized and prone to erosion. All units should be moved uphill outside of the steep slopes. A portion of the site lies down along the Stillwater River below the proposed townhouse development. A majority of this site is inside the 100-year floodplain and as such is unbuildable. The applicants proposal for the covered pavilion in this area, even though it is proposed for a small portion of the site outside of the 100-year floodplain, raises concerns both of access and impacts to the adjacent floodplain. The Fire Chief has indicated that 20-foot access road would be required to provide proper emergency access if structures are proposed in.this area. The applicants only show a 12- foot wide cart path serving the area. The road grade, based on existing topo lines, would be at 15%. This is far in excess of the S% - 10% maximum grade acceptable to City standards. The cart path is an intrusion on this slope. Historically, it existed as a smaller path/access way down to the river. This past summer it was developed into its current wider configuration at the expense of the uphill and downhill slopes, creating a scarring of the hillside and an open erosional wound on the hillside. Additional widening of this cart path to accommodate a 20-foot wide travel surface should not be considered an option. The pavilion is proposed to include a slab floor, roof supports and a roof and enclosed bathroom facilities. The provision of bathrooms will necessitate extension of municipal sewer and water to this area. This causes concern as to its adjacency to the floodplain. Based on these concerns and the realistic inability to construct a cart path or roadway to any reasonable standard, the request for the enclosed pavilion and bathrooms should be deleted. B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: The subject property was recently cleared of all structures and most small trees, brush or low lying vegetation by the owner. Most of the surrounding properties are developed as residential lots. The Buffalo Hills Golf Course lies south and east of the site. There appears to be no residual wildlife habitat of significant value remaining on the subject property. As the "homeowner's recreation area" adjacent tothe river is developed, it is possible that additional habitat will be introduced. 583 C. EFFECTS ON THE NATURAL ENVIRONMENT: The property exhibits a number of unique natural features. Steep slopes west of the river and along Grandview Drive. and Grandview Lane dictate building siting, and, to a degree, density of the development. The topography of the site also restricts road placement and design. The natural environment will be heavily impacted by the grading of the proposed interior road system and the siting of the townhouses. Section 3.2 of the Kalispell Subdivision Regulations states that slopes in excess of 20% are not suitable for development unless the hazards are eliminated or will be overcome by appropriate design and construction standards. It is not only the physical presence of the buildings on the steep grades that create problems. During construction, substantial excavation occurs to place footings. This then requires elaborate backfial and retaining wall systems. The plans of the housing units submitted with this proposal show that they are designed to fit into a building footprint which has a maximum 10 foot slope (15%) over the length of the building. Lots 5, 8, 10 and 12 all show footprints within excess of 16 foot of actual drop (23%). The units as designed do not fit the lots as located. The primary reason is that the units encroach too far into the steep slope area. Units should not be allowed to encroach into or down the steep easterly slopes above the river. As discussed above, further development of the "cart path" should be restricted due to the steep nature of the slope, the required cut and fill needed to undertake widening and the potential for erosion and scarring associated with the path development all dictate extreme caution and concern. D. EFFECTS ON TAXATION: The undeveloped value of the site before subdivision is listed at $164,249. Taxes generated this past year amounted to $2,921. Assuming townhouse units valued at $150,000 per unit, approximately $3,345 per unit per year in taxes would be generated. At full buildout, the project would generate $107,000 in taxes. E. EFFECTS ON LOCAL SERVICES: 1. Schools: Based on the County -wide average of 0.4 children of school age per household, development of thirty-two townhouses is likely to contribute approximately 13 584 school aged children to the Kalispell School District. 2. Fire Protection: The subdivision will be served by the Kalispell Fire Department. The current street design is improved over the previous preliminary plat submittal and offers improved access by emergency equipment. The area designated as a homeowner's recreation area is inaccessible to emergency vehicles. Therefore, use of that area, and the type of structures allowed, will be restricted. 3. Police Protection: The Kalispell Police Department can adequately serve the additional thirty-two townhouse units. No additional manpower or equipment will be nebessary. 4. Roads: The subject property has frontage on two County roads. Grandview Lane, with a right-of-way of 60 feet, deadends near the southerly property line of the site. The developer will be required to improve this road to City of Kalispell local street standards, as it will serve as a major access to the development. Grandview Drive, which will carry all traffic to and from the site, is an improved County road with a right-of-way width of 60 feet. Using a figure of ten trips per day per unit, this development can expect to generate as many as 320 average daily trips on Grandview Drive, a designated collector street. The private roadway within the subdivision will be a fully -improved street with a paved travel surface of 24 feet, curb and gutter within a 40-foot right-of-way. The road will be required to be constructed to City standards, including maximum slope restrictions. 5. Water• City of Kalispell water is available. Each dwelling unit will be served by a main, in accordance with City standards. All main extensions will be the sole responsibility of the developer. A 6' main is located in the adjacent right-of-way. 6. Sewer: An 8" sanitary sewer main is located in -the right-of-way of Grandview Drive. The proposed plat indicates an extension of that main to serve the subject property. Due to on -site topography, a lift station will be 585 required. 7. Public Health Services: Existing medical facilities in Kalispell will be able to accommodate the medical needs and emergencies of the residents of this subdivision. F. EFFECTS ON AGRICULTURE: The townhouse development will have no direct or indirect impacts on agricultural activities. G. EXPRESSED PUBLIC OPINION: Property owners within 150 feet of the property have been notified of the application for, preliminary plat. To date, no one has expressed a comment on the proposed amended preliminary plat. H. NEED FOR SUBDIVISION: The applicant has not provided evidence of a true need for this subdivision. The growth which the County is experiencing does require a range of housing opportunities however, and it is expected that there is a market and a need for this type and scale of residential development. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION I. That the application of Mitchell/Swoish Partnership for approval of the subdivision of the property described in Exhibit "A" is hereby approved subject to the following conditions: 1. That the subdivision gain approval to file plat from the State Department of Health and Environmental Sciences. 2. That the "Common Area" of the subdivision be proportionately distributed to each townhouse lot for taxing purposes. 3. That two off-street parking spaces be provided on - site for each townhouse lot. 4. That Grandview Lane be improved to City of Kalispell standards for local streets and the final design of said improvements meet with the approval of the City's Public . Works Director. 586 5. That the covenants be amended to indicate that the cart path leading to the homeowners' recreation area is not to be used by motorized vehicles in excess of golf carts in size. Appropriate signage shall be installed at the top of the path. 6. All water lines and sewer mains shall be built according to plans and specifications approved by the City of Kalispell Public Works Department. All water and sewer main extensions onto private property shall be placed within suitable easements. 7. The internal private road system shall be built to City of Kalispell standards and approved by the City's Public Works Department. Maximum grade of said road shall not exceed City design standards. 8. The applicant shall submit a detailed landscape and fencing plan which, among other things, specifically addresses treatment of the westerly edge of the development adjacent to Grandview Drive and Grandview Lane, the entryways to the development, and an erosion control and re -vegetation plan for all disturbed areas and in particular addresses the stabilization and protection of the steep slopes leading to the Stillwater River and the floodplain areas below. 9. A storm water drainage plan prepared by a licensed engineer shall be submitted to and approved by the City's Public Works Department. 10. The on -site sewer lift station shall be equipped with a back-up generator and alarm system. 11. A Conditional Use Permit is required for the townhouse development. 12. Placement of fire hydrants shall be approved by the City of Kalispell Fire Department. 13. A common mailbox site shall be identified and approved by the United States Postal Service. 14. The applicants be allowed to construct a covered pavilion in the homeowners park outside of the flood plain. All sides of the pavilion shall remain open and it shall be constructed of non-combustible materials. Approved bathroom facilities outside the flood plain which require municipal sewer or water shall be allowed provided they meet building and plumbing codes and are non-combustible. 587 15. It is the intent of this approval to protect the steep slopes of the site. Slopes in excess of 20% are to be protected. Any housing unit which is proposed to be constructed on a slope in excess of 20% shall be submitted to the Kalispell Site Plan Review committee for review to determine if the site is buildable as proposed, to insure that the hillside is protected and to insure adequate mitigation measures are utilized. 16. In consultation with the Soil Conservation District, the developer shall restore and maintain a streamside management zone, extending no less than 50 feet from the ordinary high water mark of the Stillwater River in the area of the homeowner's recreation area. Said zone shall contain native vegetation, including trees. 17. The developer shall provide an engineer's plan to mitigate temporary runoff into the Stillwater River during construction of the entire project. SECTION II. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION III. That this preliminary plat should be effective for a period of one year following passage of this Resolution. SECTION IV. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk & Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS 16th DAY OF February , 1993. SAN f ROOM, urn • -, D. Rauthe, Mayor ATTEST: Z�Z�- �e� Amy H. obertson Finance Director 588 EXHIBIT "A" Tract 1: A tract of land in Government Lot 12 of Section 6, Township 28 North, Range 21 west, M-P.M., Flathead County, Montana, described as followss A strip of land being 30 feet in width and bordering the northerly boundary line of Government Lot 12 and commencing at the easterly boundary line of a County Road and extending easterly to the centerline of the Stillwater River. Tract 2: A tract of land in Government Lot 12 and Government Lot 13 of Section 6, Township 28 North, Range 21 Went, M.P.M., Flathead County, Montana, described as follows: Commencing at the Northwest corner of the Southeast Quarter of said Section 6; thence South,03 10'll" West and along the West boundary of said Southeast Quarter a distance of 30.07 feet to the True Point of Beginning of the Tract of land hergin described; thence North 89 20147" East a distance of 798.73 feet to a point on the thread of the Stillwater River; thence along said thread the following Eight (8) courses: South 27 57105" East a distance of 120.26 feet to a poigt; thence South 09 21100" West a distance of 152.81 feet to a point; thence South 79 45146" West a distance of 236.76 feet to a poigt; thence South 33 26125" West a distance of 81.03 feet to a point; thence South 22 03146" East a distance of 106.41 feet to a point; thence South 46 00135" East a distance of 230.17 feet to a poigt; thence South 69 49143" East a distance of 32.05 feet to a point; thence South 72 02'39" East a distance of 217.66 feet to a point; thence leaving said thread South 79 46147" West a distance of 449.94 feet to a poigt; thence South 77 44123" West a distance of 132.01 feet to a poigt; thence North 65 261310, West a distance of 265.90 feet to a point; thence North 45 56131" West a distance of 100.00 feet to a point; thence 589 North 04026'31" Went a distance of 150.00 feet to a Point; thence North 09 03429" East a distance of 120.00 feet to a point; thence Forth 89 20147" Last a distance of 13.08 feet to the point of beginning. Tract 1 of Certificate of Survey No. 9888 1-1