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
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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.
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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
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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
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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.
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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.
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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
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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
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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
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