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MEADOWS EDGE PHASES 3 & 4

REQUEST FOR MAJOR SUBDIVISION STAFF REPORT #KPP-21-05

KALISPELL PLANNING DEPARTMENT JULY 7, 2021

A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from Meadows Edge, LLC for major preliminary plat approval of Meadows Edge Phases 3 and 4 on a total of 54.91 acres. A public hearing has been scheduled before the Planning Board for July 13, 2021, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action.

BACKGROUND INFORMATION Meadows Edge, LLC, has submitted a request for preliminary plat approval for Meadows Edge Phases 3 and 4. The property is located within an R-3 (Residential) zoning district with a Planned Unit Development overlay, with a total of 125 dwelling units (Phase 3 contains 31 single-family lots and Phase 4 contains 21 single-family lots and 73 townhome lots) on 54.91 acres of land including the lots, streets, and common area. The overall PUD plan provides for 322 residential lots and mixed-use commercial areas on a total of 112.7 acres, although some reconfigurations of the original plan have reduced the total number of units to 304. The layout changes by the developer are due to an increased demand for single-family and two-unit townhomes as opposed to three and four-unit townhomes. The initial phases include 179 residential lots which have either been final platted or are about to be final platted. A: Applicant: Meadows Edge, LLC PO Box 7184 Kalispell, MT 59901 B: Location: The property is located at 1120 Farm to Market Road and can be described as

a tract of land being a portion of Tract 3 of COS No. 18892, on file and of record in Flathead County, Montana, located in the SE ¼ of Section 3, T28N, R22W, Principal Meridian, Montana, City of Kalispell, County of Flathead, Montana.

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C: Existing Land Use and Zoning: The zoning of the subject property is R-3 (Residential). It is part of a five-phase PUD development approved by the City Council in 2018 (see the PUD phasing plan to the left). Phase 1 has been mostly developed with single-family residences and townhomes. Construction of homes in Phase 2 are beginning this summer. extends that residential development to the south (note that the triangular area at the southeast corner of the development noted as part of Phase 2 is being phased differently and improvements related to that area are being separately addressed).

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D. Size: The subject property for both phases is approximately 54.91 acres. E: Adjacent Zoning: North: County AG-80 East: City R-2/PUD and County AG-20 South: City R-3/PUD West: County AG-80 F: Adjacent Land Uses: North: Wetland; Single-family; Agricultural East: Wetland; Single-family South: Single-family West: Agricultural; Single- family

G: General Land Use Character: The property is in a transitional area between urban

residential development and a rural neighborhood with a mix of single-family residential and agricultural uses.

H: Availability of Public Services and Extension of Services: The property is currently

located within the City of Kalispell and all services are available to the property. The subdivision will require an extension of water and sewer services existing in Phase 1 of the subdivision to serve Phases 3 and 4.

Sewer: City of Kalispell Water: City of Kalispell

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Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District #1 (West Valley)/Glacier High School Fire: City of Kalispell Police: City of Kalispell

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REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT

A. Effects on Health and Safety: Fire: The property is considered to be at low risk of fire. Buildings within the

subdivision would be constructed in accordance with the International Fire Code and have access which meets city standards. The area to be built upon 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.

Flooding: The subject property is located entirely outside of the 100-year floodplain per

the Flood Insurance Rate Map (panel numbers 30029C1800J and 30029C1805J, effective dates of November 4, 2015).

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Access: The primary access from outside the subdivision would be via Morning Eagle Drive, which intersects Farm to Market Road on the east side of the subdivision. Morning Eagle Drive continues through Phases 3 and 4, connecting with Phase 2 to the south. There are two future connections provided which would access currently undeveloped property to the west. Lot Configuration: While lot dimensions meet the applicable standards, it is recommended that Lots 1A-6B in Phase 4 be adjusted in order to better provide for a side corner setback for Lot 6B. Also, some consideration should be given to adjusting Lots 61A-63B in Phase 4 to allow for better access and interaction with Canyon Creek Drive.

B. Effects on Wildlife and Wildlife Habitat: Spring Creek forms the northern boundary of the property, flowing from the west to the east. The creek area also includes a delineated wetland area and provides aquatic and riparian habitat. There does not appear to be any significant wildlife impacts. The Resources and Analysis Section of the Kalispell Growth Policy includes information from the Montana Department of Fish, Wildlife and Parks relating to deer, elk and moose habitat. As with the majority of the Kalispell area outside of the core downtown, the maps show a whitetail deer density of 5 to 30 per square mile, but no significant elk or moose habitat. No construction will occur within the area along the creek and existing vegetation will be maintained. Also, the approximately 13.8-acre wetland conservation area along the northern boundary of the subject property incorporates the required 100-foot setback from the wetlands to any property line that will remain undeveloped. The conservation area will conserve wildlife habitat and a potential wildlife corridor that will be maintained in its natural state.

C. Effects on the Natural Environment:

Topography, Geology and Soils: The developable area of the overall site is generally flat without significant topography or slopes, although there are portions of the subdivision where lots would include existing slopes. At final plat, the developer will need to demonstrate that each lot would have a buildable 30 foot by 30-foot building pad with less than 25% undisturbed slopes and a driveway at a maximum of 7%. It appears that the building pads are provided, although several lots may slightly exceed the 7% driveways pending final grade (particularly lots 9, 10, 12, 20, 22, and 23). A geotechnical investigation was prepared for the site dated October 3, 2018. The report included recommendation for design and construction of the site and buildings, but no significant issues impacting development. The recommendations should be followed as the site is developed.

Surface and Groundwater: The subdivision will be served by public water and sewer thereby minimizing any potential impacts to groundwater. There is a creek/wetland area along the northern border of the overall PUD development as well as a drainage area running through the southern portion of Phase 3, with a wetland area in the southeast

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corner. These phases have no significant impact on either the creek or the wetland areas due to mitigation measures such as setbacks and stormwater treatment, and high groundwater does not appear to be an issue. Drainage: Curbs and gutters will be installed and a storm management plan will have to be developed to address the runoff from the site. There is no city storm drain system in the area so the storm water will need to be managed onsite per the City of Kalispell Standards for Design and Construction. The design would work in conjunction with the system installed in previous phases, either as a physically connected system or in concert with each other. Additionally, stormwater run-on from adjacent properties shall be accounted for in the stormwater design. The drainage plan will have to comply with the City of Kalispell Standards for Design and Construction. To avoid impacts to West Spring Creek due to volume increases, the off-flow flow rate must not exceed 0.074 cfs per acre per the findings of the Kalispell Stormwater Management Projects PEER (@)!( by AE2S). Also, a waiver of right to protest the creation of a Special Improvement District (“SID”) for stormwater maintenance shall be included on the final plat. The SID would only be implemented in the event that stormwater facilities are not maintained in a manner consistent with the approved drainage plan. Wetlands: Section 28.3.06 of the subdivision regulations require a 100-foot setback from wetlands to any property line. RESPEC prepared a wetland identification and delineation report for the PUD in September 2018. The delineation showed wetlands along the northern boundary of Phase 4 and the southeast corner of Phase 3. The proposed plat includes the required 100-foot buffer.

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D. Effects on Local Services:

Water: Water to the subdivision will be provided by the City of Kalispell. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department. There is adequate capacity within the city’s water system to accommodate this subdivision. Water rights for any subdivision exceeding five acres are addressed at the time of preliminary plat and are typically transferred to the City. The developer and the City entered into a Memorandum of Understanding (“MOU”) dated May 6, 2019, covering water rights for the overall development. Under the MOU, all water rights held

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by the developer would be transferred to the City prior to final plat of Phase 1A. The City allowed continued water use for irrigation purposes in undeveloped portions of the overall site under certain conditions and for a set period of time.

Sewer: Sanitary sewer to the subdivision will be provided by the City of Kalispell. The sewer system for the subdivision will be reviewed and approved by the Kalispell Public Works Department. At this point in time, there is not sufficient capacity within existing mains for both phases without a connection to the Westside Interceptor located to the east. The number of lots in Phase 3 is intended to utilize the existing available capacity. The available capacity for Phase 3 will need to be verified during design and adjusted if necessary to stay within the available capacity. Phase 4 will require the Westside Interceptor connection, which would most likely be made in Rockwood Ranch to the southeast of the subdivision. Access and Roads: The primary access from outside the subdivision would be via Morning Eagle Drive, which intersects Farm to Market Road on the east side of the subdivision. Morning Eagle Drive continues through Phases 3 and 4, connecting with Phase 2 to the south. There are two future connections provided which would access currently undeveloped property to the west. The original PUD approval (Ordinance 1810) provided that the following public right-of-way improvements shall be completed at each phase of the development:

a. Phase 1 – West Spring Creek/Farm to Market shall be updated to city standards along the property boundary from Mountain Vista Way south to the intersection with Three Mile Drive.

b. Phase 2 – Three Mile Drive shall be upgraded to city standards along the property

boundary from the western terminus of the development to the eastern terminus of the development.

c. Phase 3 – Farm to Market shall be upgraded to city standards from Mountain

Vista Way north to the northern property boundary. Subsequently, a PUD amendment deferred some Phase 2 improvements (from Edwards Lane to the western edge of the development) to Phase 4. Improvements to West Spring Creek and Farm-to-Market Road to the east of Phase 5 are being addressed with prior conditions related to Phase 1 of the PUD. The improvements are part of a separate agreement/bonding, which will result in an upgrade to city standards along the property boundary from Mountain Vista Way south to the intersection with Three Mile Drive. Required improvements associated with Phase 2 are part of a pending final plat and will be bonded for. Phase 3 and Phase 4 improvements would be a condition of final plat for each phase. The improvements in Three Mile Drive will need to be constructed to a rural collector standard and Farm-to-Market will need to be constructed to a rural minor arterial standard pursuant to the City of Kalispell Standards for Design and Construction.

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A Traffic Impact Study (“TIS”) dated March 5, 2018 was previously prepared by WGM Group for the overall residential development, with a supplemental letter dated January 17, 2019, addressing the commercial aspect. The study did not call for any changes to the roadway network to accommodate the proposed project.

Schools: The property is within the boundaries of School District #1 (West Valley and Glacier High School). On average, it would be anticipated that there would be about 63 students from Phase 4 at full build-out. Section 76-3-608(1) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision’s impacts on educational services. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision.

Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this development. Additionally, the road network to the subdivision provides adequate access for fire protection. As part of subdivision review, fire protection, including access, fire flow and hydrant location, will be reviewed. Fire station 62 is located approximately 2.1 miles away providing good response time.

Parks and Recreation: There are no park areas as part of this phase of the subdivision. The overall development includes a previously approved park plan which would satisfy the parkland requirement and serve the residents. There is an open space within these phases consisting of approximately 23.88 acres.

Solid Waste: Solid waste will be handled by the City of Kalispell. There is sufficient capacity within the landfill to accommodate this 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 approximately 2.3 miles from the site.

E. Effects on Agriculture and agricultural water user facilities:

The site has not recently been used for agricultural purposes as prior phases of the development have been occurring. However, the site has been traditionally used for agricultural uses including crop production. According to the Kalispell Growth Policy Resources and Analysis Section, “Important Farmlands” map, the project generally has a farmland classification of “prime farmland’ when irrigated. Lands to the west are still primarily used for agricultural purposes. With the approval of this development, water and sewer service were extended to the site and will be extended within the development to serve these phases. This extension of services may impact the agricultural land use in the area by increasing the potential for more land currently in

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agricultural production to convert to relatively higher density residential subdivisions due to the close proximity of water and sewer mains. Current policies in the Kalispell Growth Policy Plan-It 2035, Chapter 5, Land Use: Natural Environment, state the following: Policy – Encourage urban growth only on agriculture lands entirely within the city’s annexation policy boundary. By providing a growth area boundary, the city can entertain requests for annexation, as was the case when the development was annexed. Annexation in turn leads to the extension of water and sewer services. This enables more of the growth to come into the City of Kalispell and connect to city water and sewer, and have police and fire protection that the City offers its residents. Allowing higher density development within the city’s growth policy area, it could reasonably be expected that more farmland could be conserved because the availability of residential and commercial lots within the Kalispell Growth Policy boundary, limiting sprawl/leapfrog development.

F: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as suburban residential. The growth policy designations were the basis for the R-3 underlying zone. The City of Kalispell Growth Policy Plan-It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services including sewer, water and streets are in the vicinity and available to the subject property. G. Compliance with Zoning: The request complies with the R-3/PUD zoning regulations. H. Compliance with the Kalispell Subdivision Regulations: This request complies with provisions of the Kalispell Subdivision Regulations

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RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-21-05 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Meadows Edge Phases 3 and 4 be approved subject to the conditions listed below:

CONDITIONS OF APPROVAL 1. 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 and any conditions related to the Meadows Edge Planned Unit Development.

2. The preliminary plat approval shall be valid for a period of three years from the date of

approval. 3. The developer shall submit to the Kalispell Public Works Department for review and

approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. The design shall incorporate historic onflow and shall limit the developed flow rate to the historic flow rate or 0.074 cfs/acre, whichever is lower.

4. The developer shall submit to the Kalispell Public Works Department prior to

construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities.

5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction.

6. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell’s Standards for Design and Construction and in compliance with the city’s facilities update and extensions of services plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved.

7. The sewer for Phases 3 and 4 shall be designed to connect into the West Side Sewer Interceptor when required due to available capacity.

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8. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell’s Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks.

9. As part of the final plat for Phase 3, Farm to Market shall be upgraded to a rural minor arterial standard from Mountain Vista Way north to the northern property boundary as provided in the City of Kalispell Standards for Design and Construction.

10. As part of the final plat for Phase 4, Three Mile Drive shall be upgraded to a rural collector standard from Edwards Lane to the western edge of the development as provided in the City of Kalispell Standards for Design and Construction.

11. The developer shall obtain an approach permit from the Montana Department of

Transportation (MDT) for approaches onto Farm to Market Road. If any improvements are necessary at the intersection of the roadways, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city.

12. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted

stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work.

13. All easements and/or right-of-ways 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 letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat.

14. At final plat, the developer shall demonstrate that each lot would have a buildable 30 foot by 30-foot building pad with less than 25% undisturbed slopes and a driveway at a maximum of 7% slope.

15. The following statement shall appear on the final plat: "The undersigned hereby grants unto

each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." _____________________ Developer's Signature

16. Prior to filing the final plat, a letter from the US Postal Service shall be included stating

the Service has reviewed and approved of the design and location of the mail delivery

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site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area.

17. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat.

18. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The letter shall also approve compliance with the approved park plan for the overall Meadows Edge PUD as well as satisfaction of any parkland requirements for these phases which may not be met with existing improvements.

19. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners’ association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council.

20. A note shall be placed on the final plat indicating a waiver of the right to protest creation

of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The taxes levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council.

21. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be

completed prior to final plat submittal.

22. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction.

23. All areas disturbed during development shall be re-vegetated with a weed-free mix

immediately after development.

24. Any water rights associated with the property are to be addressed according to the provisions of the Memorandum of Understanding between the developer and the City of Kalispell dated May 6, 2019.

25. A note shall be placed on the final plat that stating: “This subdivision is located in an agriculture area and potential nuisances such as noise, dust, odors, and irregular hours of operation are to be expected. As such, the right to farm on adjoining properties shall not be restricted as a result of the development or occupancy of this subdivision.”

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26. A homeowner’s association (HOA) shall be formed and established for the common areas prior to final plat.

27. Subdivision signage for the development shall comply with Section 27.22.050(6) of the Kalispell Zoning Ordinance.

28. The alleyways within the development shall be designated as “private” at time of final plat.

29. The sidewalks and/or paths located within Three Mile Drive and W. Spring Creek/Farm to Market shall be maintained by the Meadows Edge HOA.