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FLATHEAD COUNTY PLANNING AND ZONING OFFICE

SUBDIVISION REPORT # FPP-17-07

PHEASANT RIDGE ESTATES

OCTOBER 20, 2017

I. GENERAL INFORMATION

A. Project Description The proposal is for preliminary plat approval of Pheasant Ridge Estates, a 14-lot

subdivision on approximately 29.98 acres. The applicant is proposing to establish public

water system to serve the facility. Individual septic systems and drain fields would

service each lot. Primary access to the subdivision would be from Smith Lake Road.

B. Project Personnel

Applicant/Owner Technical Assistance

Michael W. Fraser Jane Eby Dave Degrandpre

Strickland Family Trust Eby and Associates Land Solutions

690 N. Meridian Road Suite 103 P.O. Box 7144 36708 Leon Road

Kalispell, MT 59901 Kalispell, MT 59904 Charlo, MT 59824

Application Review Dates

1. Land Use Advisory Committee/Council

The proposal is not located within the jurisdiction of a Land Use Advisory

Committee.

2. Planning Board

The Flathead County Planning Board will hold a public hearing on the proposed

subdivision on November 8, 2017 and make a recommendation to the Flathead

County Board of Commissioners. This space is reserved for a summary of the

Planning Board’s discussion and recommendation.

3. Commission

The Flathead County Board of Commissioners will review this proposal after the

public hearing conducted by the Planning Board and prior to December 20, 2017

which is the end of the 60-working day statutory review period. This space will

contain an update regarding the Flathead County Commission review of the proposal.

II. ADMINISTRATIVE CHARACTERISTICS

A. Legal Description and Detailed Location of Subject Property

The subject property is 29.98 acres is size and is located along Smith Lake Road west of

Kalispell, Montana. The property can legally be described as Tract 4AC of in Section 16,

Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.

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Figure 1: General Location of Subject Property

Figure 2: Aerial of Subject Property, outlined in yellow

B. Subdivision Layout Detail

1. Total Subdivision Acreage: 29.984 acres

2. Acreage in Lots (spaces): 27.609 acres

3. Acreage in Roads: 2.375 acres

4. Total Park/Common Area/Open Space Acreage none

5. Minimum Lot Size 2.027 acres

6. Maximum Lot Size 2.295 acres

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7. Density: 0.46 DU per acre

8. Easements none

C. Current Land Use and Zoning

Located approximately three miles west of the City of Kalispell, the subject property is

currently undeveloped. The property is open with a strip of forest along the northern

edge. The northern portion of the subject property is zoned Scenic Corridor. Scenic

Corridor is a zoning ‘overlay’ and only regulates off premise signs and cellular

communication towers.

Figure 3 - Existing Zoning around Subject Property, outlined in red

D. Previously Considered Subdivisions in Area

Figure 4 - Area Subdivisions, subject property shown in red

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As shown in Figure 4 above, multiple subdivisions are located within the vicinity of the

proposal including a number of the smaller lots in the area that were created by deed or

exemptions by certificate of survey (COS).

E. Utilities and Services

1. Water - New onsite public water system proposed

2. Wastewater – Individual septic systems proposed

3. Electricity - Flathead Electric Cooperative

4. Natural Gas - Northwestern Energy

5. Solid Waste - Contract Haul- Evergreen Disposal

6. Telephone Service - CenturyLink

7. School District(s) – Smith Valley School District, Flathead High School

8. Fire District(s) – Smith Valley Fire District

9. Police - Flathead County Sheriff’s Department

III. COMMENTS RECEIVED

A. Agency Comments

Referrals were sent to the following agencies on September 22, 2017:

Flathead County Sheriff

Flathead County Road and Bridge Department

Flathead County Solid Waste

Flathead City-County Environmental Health Department

Flathead County Weeds and Parks Department

Bonneville Power Administration

Flathead County Address Coordinator/GIS Department

Montana Department of Fish, Wildlife and Parks

US Forest Service

US Fish and Wildlife Service

Montana Department of Natural Resources and Conservation

Montana Department of Environmental Quality

Smith Valley Fire District

Smith Valley School District

Flathead High School District

The following is a summarized list of agency comment received as of the date of the

completion of this staff report:

Dave Prunty, Flathead County Road and Bridge Department

o “After completing the review, we are acceptable to the applicant’s

proposal. However, we would like to bring one issue to your attention

regarding the intersection of Smith Lake Road and Whalebone Drive.

This intersection to the northeast of the proposed subdivision does

pose safety concerns to our Department. It is highly likely that

residents in the subdivision would use this intersection in their travels

to Kalispell. The roads intersect at a skewed angle (less than the 75

required for new subdivision roads), have poor sight distance due to

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the horizontal and vertical curves present and has a steep slope on

Smith Lake Road coming into the intersection that during winter poses

potential traction issues. Topography at this location makes it very

difficult for improvements and is likely why the road was built this

way in the first place back in the late 1800’s to early 1900’s.” Letter

received October 5, 2017

Amy Beick, Smith Valley Fire Chief

o “Smith Valley Fire District is a combination fire department. We are

currently staffed at an Advanced Life Support level 24/7 with a

minimum of a Firefighter/EMT and a Firefighter/Paramedic. We also

have 12 active volunteer firefighters and EMS providers to support the

on duty crews with both fire and EMS emergencies.

We currently have two Type II fire engines, one Type IV fire

engine, two Type VI engines, two Type II water tenders, one

Rescue unit (with extrication, low angle, ice rescue, and

medical equipment), one command unit, as well as two ALS

transport ambulances.

Our response time from our main fire station at 3496 Highway 2 W is

approximately 7-10 minutes depending on road conditions. Response

time from our substation will vary depending on volunteer availability.

Currently there is no water supply available for this area. The proposal

for each lot to have an individual well does not meet fire suppression

requirements. The following is what will be required to meet adequate

water supply for fire suppression efforts as well as meet ISO fire flow

requirements:

The water system will be located within the subdivision.

The water system shall consist of a minimum holding tank of

30,000 gallons that refills with an electric pump at a standard

rate of 8-10 gpm.

The fill connection may be a standard hydrant or a stand pipe

with a 2.5 inch fire connection a minimum of a 500 GPM

pump.

o The stand pipe must be no less than 36 inches and no

more than 48 inches off of the ground.

o The stand pipe must be a 3 inch pipe with a 2.5 inch

fire thread coupler with a cap.

o All fire apparatus must be able to get within 10 feet of

the hydrant or stand pipe.

o A dry hydrant draft stand pipe, with a 5 inch piep and a

5 inch female fire thread coupler with a cap is also

required in the case of power or pump failure.

The water system should be placed in a centrally locate area,

preferably between lots 13 and 14.

Additional comments:

All subdivisions within the Wildland Urban Interface (WUI)

need to follow the Flathead County Development Code

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4.7.27.

All residential structures should be clearly identified prior to

occupancy with address numbers that are plainly visible and

legible from the street. Numbers should be a minimum of

four inches in height and reflective.”

Neda Nelson, Bonneville Power Administration

o “At this time BPA does not object to this request as it does not

interfere with any BPA transmission lines or structures.” Email

received September 25, 2017

Marc Pitman, Montana Department of Natural Resources and Conservation,

Water Resources Division (MT DNRC)

o “Water rights: There are no existing water rights appurtenant to the

property being subdivided.

10 acre feet/year is available for filings under the water right permit

exceptions under MCA 85-2-306 3(iii) on this property. The applicant

proposes 2.5 people per lot with a daily use of 100 GPD per person on

14 lots or 3.92 AF/year for domestic household use. This leaves 6.08

AF/year available for lawn and garden uses or about 0.43 AF/year per

lot. About 0.17 acres or 7,566 square feet of lawn and garden per lot

could be irrigated at the DNRS standard annual application rate of 2.5

AF/year for the period running from April 1 to October 31.

The Applicant plans of 17,500 square feet per lot with an application

rate of 1” per week. To stay within the 6.08 AF/year limit for lawn and

garden irrigation, each lot can be irrigated no more than 1” per week

for 13 weeks a season. The Applicant needs to specify this restriction

and have it included in the COSA. This is a considerable restriction,

which will be difficult to enforce without having each lot individually

metered. The Department recommends that each lot be metered and

water use recorded in order to enforce this restriction. A supervisory

control and data acquisition (SCADA) system, typically used on much

larger PWSs, may be a way to accurately monitor water use and warn

users when the 10 AF/year limit is being reached.

As homes are constructed, the owner of the PWS, HOA, WUA, or

CWSD is required to file a DNRC Form 602 within 60 days of a home

being connected to the PWS. This could mean that as many as 14

individual DNRC Form 602s will be filed as homes are being

constructed and connected to the PWS.

Prior to DEQ approval of this project, the Applicant will be required to

request a DNRC review of water rights for the proposed PWS.

Floodplain: The Approximate Zone A floodplain boundary of Ashley

Creek is adjacent to the subject property. No issue.”

Ben Conard, US Fish and Wildlife Service

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o “The U.S. Fish and Wildlife Service has no substantive comments at

this time. If the project requires another federal agency to authorize,

fund, or carry out any aspect of the project, we will engage that agency

in Section 7 Endangered Species Act consultation, if appropriate. But,

we have no concerns at this time.”

Jessy Coltrane, Montana Fish Wildlife and Parks

o “We appreciate the opportunity to comment on the proposed

subdivision Pheasant Ridge Estates. The proposed subdivision

includes a riparian zone associated with Ashley Creek, as well as an

ephemeral wetland surrounded by historical agricultural fields,

primarily used for hay production. These areas provide importanat

habitat for local wildlife and migratory birds. The proximity to the

Batavia Waterfowl Production Area further enhances the wildlife

value of this property. Development of 14 residential lots on this

parcel will result in cumulative impacts to wildlife, as well as

increased human-wildlife conflicts associated with resulting

residences.

The forested area at the northern end of the parcel provides habitat for

white-tailed deer, black bear, and numerous small to mid-sized

mammals. While the northern portion of the ;property is proposed as a

‘no build zone, ‘ it is encamped in parcels that will be sold as single

family residential parcels. If the ‘no build zone’ is adopted, no

structures would be built on this steep, sloped, forested area, but there

is assurance that these areas will remain in a natural states. We

recommend that the developers set this area aside as open space, to

ensure the persistence of this habitat.

The National Wetlands Inventory identified a freshwater emergent

wetland on the southern end of the property. While the contractor

found the area to be mostly dry, the site visit was conducted in late

July of 2017 during a drought. Regardless, in spring this freshwater

emergent wetland on the property provides habitat for migratory birds,

which most likely nest in the adjacent hay fields. The destruction of

this wetland will result in the loss of such habitat for migratory birds,

which utilize the larger surrounding area, as well. The continued

development of the area and subsequent degradation of habitat will

have cumulative negative impacts on migratory birds and other

wildlife. We recommend that the developer consult with the Army

Corp of Engineers concerning this wetland and its value to the

surrounding area. At a minimum, we recommend that the developer

maintain Lots 7 and 8 as habitat for migratory birds, free of

development.

In addition, the development of a subdivision in this area will result in

increased conflicts with black bears and white-tailed deer. Future

residents need to be aware that FWP cannot respond to all wildlife

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problems, and it is the landowner’s responsibility to avoid such

problems.

We recommend that the owners adhere to the following

recommendations to mitigate conflicts with wildlife:

Fruit-producing trees and shrubs should not be allowed because

they attract bears. If present, they must be fenced with electric

fencing to deter bears. Keep produce and any fruit picked off

the ground. Ripe or rotting fruit or vegetable material attracts

bears, deer, skunks, and other wildlife, To help keep wildlife

such as deer out of gardens, fences should be 8 feet or taller.

Electric fencing for deer should be at a minimum of 8 feet as

well.

Garbage and food must be stored either in secure, bear-resistant

containers or indoors, preferably bothe, to avoid attracting

wildlife such as bears and raccoons.

Do not feed wildlife or offer supplements such as salt or

mineral blocks, attractants, or bait for deer or other wildlife.

Feeding wildlife results in unnatural concentrations of animals

that can lead to overuse of vegetation, disease transmission,

and other adverse effects to wildlife (such as foundering of

deer). Such actions unnecessarily accustom wild animals to

humans, which can be dangerous for both. It is against state

law (MCA 87-3-130) to purposely or knowingly attract

ungulates, bears, or mountain lions with supplemental food

attractants (any food, garbage, salt block, hay, grain, or other

attractant for game animals) or to provide supplemental feed

attractants in a manner that results in ‘an artificial

concentration of game animalsthat may potentially contribute

to the transmission of disease or that constitutes a threat to

public safety.’

Birdseed is an attractant to bears, deer, and turkeys. Use of bird

feeders is not recommended from April 1 through November

30.

Pets at large, particularly dogs and cats, are a real threat to

wildlife. Pets must be confined to the house, a fenced yard, or

an outdoor kennel, when not under the immediate control of

the owner, and not allowed to roam. Under state law, it is

illegal for dogs to chase hoofed game animals (MCA 87-3-

124). Keeping pets confined also helps protect them from

predatory wildlife. We recommend the FWP brochure Living

with Dogs and Cats.

Fencing of lot boundaries is discouraged. If used, rail or

smooth wire fences will be erected that are no higher than 40”

at the top rail/wire and no lower than 18” at the bottom

rail/wire in order to facilitate wildlife movement and help

avoid animmals becoming ensnared and killed by the fence or

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injuring themselves when trying to jump the fence. Please reger

to the helpful booklet on wildlife –friendly fences available

from FWP and online at

http://fwp.mt.gov/fishAndWildlife/landowners/.

Compost piles and beehives can attract bears and must be

fenced with electric fencing to prevent access to them or not

allowed in the subdivision.

Wendee Jacobs, Flathead City-County Environmental Health Department

o “The proposed subdivision is subject to review under the Sanitation in

Subdivisions Act (MCA Title 76-4-1). The review will address potable

water supply, wastewater treatment, stormwater drainage, and solid

waste disposal.”

B. Public Comments

In accordance with Section 4.0.14, adjacent property notification was mailed to

neighboring property owners within 150 feet of the proposed subdivision on October

18, 2017. Legal notice of the public hearing on this application was published in the

October 22, 2017 edition of the Daily Inter Lake. Additional written public comment

will be received until 5:00 PM on November 8, 2017 and will be summarized

verbally and entered into the public record during the Planning Board hearing.

Anyone wishing to provide public comment may do so in person at the Planning

Board hearing on November 8, 2017 and the Board of Commissioners public hearing

on a date not yet determined.

IV. LOCAL GOVERNMENT REVIEW

A. Review Criteria and Staff Findings

Findings in this portion of the report are applicable to the impacts of the proposed

subdivision on the review criteria listed in Section 76-3-608(3) MCA and the review

procedure outlined in Section 4.1 of the Flathead County Subdivision Regulations (FCSR),

effective December 1, 2014.

1. Agriculture and Agricultural Water User Facilities

The subject property is currently used for hay production. The applicant has indicated

six to eight tons of hay are produced, annually. The property immediately to the west

of the subject property is also used for hay production. The NRCS Web Soil Survey

indicates 12.3 acres of the subject property is identified as Prospect Loam and

‘farmland of statewide importance.’ The remaining acreage is identified on the survey

as ‘not prime farmland.’ Because of the soil classification on the subject property, it is

reasonable to assume approximately 12 acres of farmland will be taken out of

production because the small, two-acre lots will not have sufficient room or water

availability for continued agricultural use. There are no agricultural water user

facilities on the subject property. The division of the subject property and removal of

land from agricultural production will not likely affect the surrounding properties

from being used for agricultural purposes.

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Figure 5: NRCS Web Soil Survey Farmland Classification

Table 1: Farmland Classification, summary by map unit

Map

Unit

Symbol

Map Unit Name Rating Class Acres Percent of

Property

Aa Alluvial land, poorly

drained

Not Prime

Farmland

Class 5 1.9

Acres

6.4%

Pb Prospect Loam, 3-7%

slopes

Farmland of

Statewide

Importance

Class 3 12.3

Acres

41.6%

Pf Prospect Stony Loam,

7-12% Slopes

Not Prime

Farmland

Not

Rated

9.4

Acres

31.8%

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Pg Prospect Stony Loam,

12-20% Slopes

Not Prime

Farmland

Not

Rated

1.1

Acres

3.8%

Wzg Whitefish Stony

Loam, 12-20%

Slopes

Not Prime

Farmland

Not

Rated

4.8 16.4%

Totals 29.6

Acres

100%

Capability classes are designated by the numbers 1 through 8. The numbers indicate

greater limitations and narrower choices for practical use. The classes are as follows

(from web soil survey http://websoilsurvey.nrcs.usda.gov/)

Class 1 soils have few limitations that restrict their use.

Class 2 soils have moderate limitations that reduce the choice of plants or that

require moderate conservation practices.

Class 3 soils have severe limitations that reduce the choice of plants or that

require special conservation practices, or both.

Class 4 soils have very severe limitations that reduce the choice of plants or that

require very careful management, or both.

Class 5 soils are subject to little or no erosion but have other limitations,

impractical to remove, that restrict their use mainly to pasture, rangeland,

forestland, or wildlife habitat.

Class 6 soils have severe limitations that make them generally unsuitable for

cultivation and that restrict their use mainly to pasture, rangeland, forestland, or

wildlife habitat.

Class 7 soils have very severe limitations that make them unsuitable for

cultivation and that restrict their use mainly to grazing, forestland, or wildlife

habitat.

Class 8 soils and miscellaneous areas have limitations that preclude commercial

plant production and that restrict their use to recreational purposes, wildlife

habitat, watershed, or esthetic purposes.

Finding #1: The proposed division of land will likely reduce agricultural use in an

area of prime farmland because the property has historically been used for hay

production, 12 acres is designated as ‘farmland of statewide importance,’ and the

small lot size may not have sufficient room for continued agricultural use; however,

the division of land will not likely impact surrounding properties from continuing

agricultural use.

2. Water and Wastewater Services

The application indicates the proposed subdivision will utilize individual wastewater

systems and a new public water supply system.

The new public water supply system will consist of two wells, a pump control

building, and storage. The system will be located on the eastern portion of Lot 14 and

the western portion of Lot 11(see figure 5). The community water system will consist

of a network of small water mains, two wells, limited storage and individual services

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with meters. The Environmental Assessment indicates the community water system is

expected to serve approximately 35 people or 2.5 people per residence. Montana

Department of Environmental Quality (MT DEQ) suggests a water use of 100 gallons

per person per day as an average day use. This is equivalent to 3.92-acre feet per year.

Marc Pitman of MT DNRC indicated lawn and garden use will be considerably

restricted and suggests metering each lot to ensure compliance and enforce the

restricted water usage. The application indicates each lot will be monitored and the

developer will operate the system until over 50% of the lots are developed with

residences constructed at which time the community water system will be delegated

to the homeowners association. The Smith Valley Fire Department has requested a

minimum holding tank of 30,000 gallons be located within the subdivision. A letter

from the Smith Valley Fire Department indicating the reasonable requests have been

met will be required at the time of final plat.

Each lot will be served by individual septic systems and drain fields. The application

indicates six test holes were dug on the subject property in 2008 and indicated all test

holes were dry through the monitoring period. The groundwater monitoring done on

the site indicates the site is suitable for sewage treatment systems.

The new public water supply system will be required to obtain the appropriate

permits from the Environmental Health Services Division of the Flathead City-

County Health Department, the Montana Department of Environmental Quality

(DEQ), and Montana Department of Natural Resources and Conservation (MT

DNRC).

Wendee Jacobs of the Flathead City-County Environmental Health Department

commented on the proposal and indicated wastewater treatment; potable water

supply, solid waste and storm water drainage must be addressed through subdivision

review. This is a separate subdivision review process through the Flathead City-

County Environmental Health Department.

Comment provided by Marc Pitman of the MT DNRC indicates the developer would

need to request a DNRC review of water rights for the proposed Public Water

System. The comment also indicates 10 acre feet/year is available for filings under

the water right permit exceptions under MCA 85-2-306 3(iii) on this property. About

0.17 acres or 7,566 square feet of lawn and garden per lot could be irrigated at the

DNRS standard annual application rate of 2.5 AF/year for the period running from

April 1 to October 31. The Applicant needs to specify this restriction and have it

included in the COSA. This is a considerable restriction, which will be difficult to

enforce without having each lot individually metered. The Department recommends

that each lot be metered and water use recorded in order to enforce this restriction. As

homes are constructed, the owner of the PWS, HOA, WUA, or CWSD is required to

file a DNRC Form 602 within 60 days of a home being connected to the PWS. This

could mean that as many as 14 individual DNRC Form 602s will be filed as homes

are being constructed and connected to the PWS. The applicant will be required to

meet the requirements of MT DNRC. The draft CC&Rs addresses the public water

system

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The proposed subdivision will be conditioned to go through subdivision review, a

separate process, through the Flathead City-County Environmental Health

Department and Montana Department of Environmental Quality. The Montana

Department of Resources and Conservation will review the project in terms of water

availability.

Finding #2: Water availability appears to be adequate because the developer

proposes to install two wells, the lots will be metered, and the public water system

will be required to be reviewed by Montana Department of Natural Resources and

Conservation for water rights.

Finding #3: The proposal for public water and individual wastewater treatment

systems for the proposed subdivision appear to be reasonable because they are subject

to permitting and monitoring approval by the Flathead County Environmental Health

Department and the Montana Department of Environmental Quality.

3. Solid Waste Disposal

The developer is proposing contract haul as a mechanism for solid waste disposal as

requested of all subdivisions by the Flathead County Solid Waste Department. The

applicants have indicated that the contract hauler for the area is Evergreen Disposal.

A letter from Evergreen Disposal will be required at the time of final plat.

4. Roads

As shown on the preliminary plat, primary access to the subdivision would be from

Smith Lake Road. Smith Lake Road is a paved county-maintained road.

Dave Prunty, of the Flathead County Road and Bridge Department noted a concern

regarding the intersection of Whalebone Drive and Smith Lake Road and the potential

hazard during winter months because of the lack of visibility and steep slope. The

applicant will be required to obtain two approach permits from the Flathead County

Road and Bridge Department.

Finding #4: Impacts to the existing transportation network are anticipated but appear

to be acceptable because the proposed subdivision will be accessed by a paved public

road, approach permits access will be required from Flathead County Road and

Bridge, and the internal road network will be constructed to applicable standards

outlined in 4.5.7 of FCSR.

5. Schools

The proposal is located in the Smith Valley School District and Kalispell High School

District. Based on an average of .31 school age children per dwelling, the

development would add an additional 4 school-aged children once the 14 lot

residential subdivision is fully developed.

6. Mail Delivery

The application indicates mail service is proposed. Written approval from the local

postmaster will be required as a condition of preliminary plat approval.

7. Recreation

The subdivision offers many recreation opportunities given its proximity to public

lands for hiking, camping, and hunting, and area lakes and rivers for swimming,

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fishing, and boating. The applicants have indicated they will utilize the cash-in-lieu

option for parkland. A parkland cash donation to the equivalent of 1.499 acres of the

fair market value will be required at final plat. The subdivider shall provide a current

appraisal from a Certified General Appraiser (CGA), dated no more than six months

prior to final plat application to set the baseline value of the parkland cash donation.

Finding #5: Adverse impacts related to recreation are not anticipated as a result of

the proposed subdivision as the subdivider will be required to make a parkland cash-

in-lieu donation and the site is located in close proximity to public lands, and area

lakes and rivers offering a wide array of recreational opportunities to residents.

8. Fire/Emergency Medical Services The site is located within the Smith Valley Fire District and a fire station is located

approximately 3 driving miles from the proposed subdivision. The Smith Valley Fire

Station is currently staffed at an Advanced Life Support level 24/7 with a minimum

of a Firefighter/EMT and a Firefighter/Paramedic. They have 12 active volunteer

firefighters and EMS providers to support the on duty crews with both fire and EMS

emergencies. The department has two Type II fire engines, one Type IV fire engine,

two Type VI engines, two Type II water tenders, one Rescue unit (with extrication,

low angle, ice rescue, and medical equipment), one command unit, as well as two

ALS transport ambulances.

The fire chief estimates response time from the main fire station at 3496 Highway 2

W is approximately 7-10 minutes depending on road conditions. Response time from

our substation will vary depending on volunteer availability.

Amy Beick, Fire Chief of the Smith Valley Fire Department requested a 30,000-

gallon holding tank with an electric pump. The developer will be required to meet

reasonable requests made by the Smith Valley Fire Department.

There is a small corner off the subject property located within the Wildland Urban

Interface (WUI) it appears it is more of an arbitrary line rather than a true WUI line

based on the presence of a field on the portion of the property that is designated WUI.

Figure 6: Subject property outlined in yellow, WUI shaded green

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Finding #6: The fire and emergency medical services appear to be adequate because

the proposed subdivision will be served by Smith Valley Fire Department and the

subdivider will be required to meet reasonable requests by the fire department.

9. Police Services

The proposed subdivision is located in a rural area of Flathead County and will be

served by the Flathead County Sheriff’s Department. The combination of existing

staff levels, shift rotations, size of the county, the dispersed nature of the population,

and the property’s relative distance from the Flathead County Sheriff’s Office in

Kalispell may lead to delayed response times in the event of an emergency.

10. Impact of Noise

Development of residences on the subdivision lots would likely generate minimal

noise during construction, and it is not likely they all would be built simultaneously.

The proposed residential use is not anticipated to generate continuous noise that

would affect residents or wildlife.

11. Air Quality Impacts to air quality are expected to be minimal and are also mitigated because the

subdivision is accessed by a paved local road and the internal subdivision road

network will be paved. Because all lots will be accessed by a paved roadway and

activities on site will be limited to single family residential use, it is not anticipated

that air quality will be negatively impacted by the development. The applicant has

submitted a Dust Control Plan compliant with Section 4.7.14 FCSR. In order to

ensure all lot owners follow the plan, a note to be placed on the face of the final plat

requiring the owners of all lots to abide by the guidelines in the plan during and after

site construction and development activities will be required.

Finding #7: Adverse impacts to air quality and of noise are anticipated to be minimal

and acceptable with the imposition of conditions as all roads accessing the

subdivision will be paved and short-term construction related noise is the only

anticipated noise to be generated by the subdivision development.

12. Soils

As indicated above, the soils on the property are well-drained loams of gentle slopes.

It is anticipated soils onsite would not pose a risk to public health and safety. Six test

pits were observed on the subject property indicating no significant constraints of the

proposed wastewater treatment system in regards to soils.

Finding #8: The soils on the subject property appear to be acceptable because the

soils are generally classified as well drained and the proposal for water, sanitation,

and stormwater will be required to be reviewed and approved prior to installation of

the proposed new facilities.

13. Geologic/Avalanche Hazards

As shown on the preliminary plat, the proposed subdivision is located on gentle

terrain. There is a slope on the northern portion of the property but is a designated ‘no

build zone’ and is not expected to cause or result in rock falls, landslides, or

avalanches. The subject property is not located on any mapped fault lines according

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to geologic fault data prepared and maintained by the Flathead County GIS

Department.

14. Flora

The subject property is primarily in hay production with mature coniferous trees

along the northern property line. Pursuant to Section 4.7.25 FCSR the applicant is

required to establish and follow an approved Soil Disturbance and Weed

Management Plan. The applicants have submitted a weed control plan to eliminate

noxious weeds from proposed lots. The noxious weeds present on the subject

property include Canadian Thistle and Spotted Knapweed, which were identified

onsite by Land Solutions. The potential noxious weeds on the property include but are

not limited to Spotted Knapweed, Diffuse Knapweed, Russian Knapweed, Canada

Thistle, Field Bindweed, Whitetip, Leafy Spurge, Dalmatian Toadflax, Yellow or

Common Toadflax, St. Johnswort, Sulfur Cinquefoil, Common Tansy, Ox-Eye Daisy,

Houndstongue, Dyer Woad, Purple Loosestrife, Tansy Ragwort, Meadow Hawkweed,

Orange Hawkweed, Tall Buttercup, Tamarisk, Perennial Pepperweed, Yellow

Starthistle, Rush Skeltonweed, Eurasian Watermilfoil, Yellow Flag Iris, Hoary

Alyssum, Blueweed, Flowing Rush, Japanese Knotweed, Scotch Broom, Common

Crupina, Baby’s Breath, Tumble Mustard, Russian Thistle, White Campion, Scentless

Chamomile, Absinth Wormwood, Common Yarrow, and Creeping Bellflower. The

weed control plan indicates property owners will inspect their property annually and

effect control measures.

There are some flora ‘species of concern’ included in the Montana Natural Heritage

Program Report for the Township 28N and Range 22W. None of these species have

been observed on the site. The Environmental Assessment indicates the area that will

be disturbed is currently used to grow hay. Any native species that did exist on the

site have already been removed.

Finding #9: The impacts to flora are expected to be minimal as no species of concern

have been observed on the site and the forested area on the northern border of the

property will designated a ‘no build zone’ and will likely remain forested.

15. Riparian/Wetland Areas

There are mapped wetlands on the southwestern portion of the property as indicated

in Figure 7. The applicants have indicated there was no surface water on the site

during July of 2017. This site visit occurred during the driest part of the year, during a

drought in Northwest Montana. The applicants were informed at the Subdivision Pre-

application meeting on June 26, 2017 that documentation showing areas designated

on the Flathead County Interactive Mapping System, are not wetlands was required.

The applicants will be required to either perform a wetland delineation study showing

no wetlands on site or designate the area a ‘no build zone’ per section 4.7.10 of

FCSR. Comment from MT Fish Wildlife and Parks noted the mapped wetland in their

agency comment and the drought that occurred during the summer of 2017.

Ashley Creek is located north of the subject property across Whalebone Drive and

comments from Montana Fish Wildlife and Parks indicate the wooded area on the

northern portion of the property is likely used by wildlife because of the proximity to

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Ashley Creek. The subdivider has designated this area as a ‘no build zone’ and it is

expected the wildlife will still use the area.

Figure 7: National Wetland Inventory Map, subject property outlined in yellow

Finding #10: The impact to the wetland and riparian areas on the property will be

minimal because the subdivider as indicated the riparian area as a ‘no build zone’ and

the areas designated as wetlands will be required to designated as ‘no build zones’ or

shown to not exist through an acceptable wetland delineation study.

16. Floodplain

The subject property is not located in a special flood hazard area and is outside of the

0.2% annual chance flood area as depicted on FEMA FIRM Panel 1800J.

Finding #11: No impact to floodplain are anticipated as a result of the proposed

subdivision because no floodplain is identified on the subject property.

17. Wildlife and Wildlife Habitat

The subject property is in a rural area and although it does not contain surface waters,

it does contain riparian vegetation associated with Ashley Creek. The submitted

Environmental Assessment indicates Ashley Creek has the following native fish

species: largescale sucker, mountain whitefish, northern pike minnow, peamouth,

redside shiner, sculpin, and slimy sculpin. Introduced fish include brook trout,

northern pike, rainbow trout, westslope-rainbow hybrids, and yellow perch. The

Montana Natural Heritage Program identifies the following animals as frequenting

the area: bobcat, hoary bat, northern river otter, and red squirrel. White tail deer,

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black bear, a variety of birds, and other small non-game mammals use the property,

especially the forested portion on the northern border. The construction activities and

subsequent residences have the potential to impact wildlife but the ‘no build zone’ on

the northern edge of the subject property will continue to provide wildlife habitat.

The subject property is located approximately 0.75 miles from the Batavia Waterfowl

Production Area (WPA), managed by the U.S. Fish and Wildlife Service. The

applicant contacted Kevin Shinn, Refuge Manager for the U.S. Fish and Wildlife

Service Northwest Montana Wetland Management District to discuss the potential

impact of the subdivision on the waterfowl production area. The potential impacts

indicated by Kevin Shinn were potential surface water runoff to wetlands on Batavia

WPA, water table drawdown from individual wells, increased garbage, increased

domestic animal trespass on nesting areas within Batavia WPA. To mitigate the

negative impacts on Batavia WPA, the subdivider is proposing on-site storm water

retention areas, public metered water system, contract hauled solid waste removal,

and covenants requiring domestic animals to stay on their lot. The planning office

also contacted the U.S. Fish and Wildlife Service and issued no substantive comments

on the proposed subdivision.

Finding #12: Minimal impacts to wildlife and wildlife habitat as a result of the

proposed subdivision are anticipated but can be minimized by the imposition of ‘no

build zones on sensitive habitat such as wetlands and riparian areas.

18. Historical Features

The Environmental Assessment indicates there are no known historic, archeological,

or cultural sites on the subject property. A letter from Damon Murdo of the State

Historic Preservation Office was submitted with the application indicating no

previously recorded sites exist on the property and a low likelihood of impacting

cultural properties.

19. High Voltage Electric Lines/High Pressure Gas Lines

There are no exposed high voltage electric lines or high-pressure gas lines on the

subject property.

20. Airport Influence Areas

The subject property is not within an airport influence area.

B. Compliance with Survey Requirements of 76-3-401 through 76-3-406 M.C.A.

Finding #13: The preliminary plat would conform to all provisions of the Montana

Subdivision and Platting Act if it contains all elements required to meet state survey

requirements, which would be determined when it is reviewed by the Flathead County

Examining Land Surveyor prior to final plat approval.

C. Compliance with the Flathead County Subdivision Regulations and Review

Procedure

1. Requested Variances

No variances have been requested with this application.

2. Flathead County Subdivision Review Procedure

i. Pre-application Conference Date

June 26, 2017

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ii. Application Deadline Date (6 months from pre-application)

December 26, 2017

iii. Application Submittal Date

September 5, 2017

iv. Completeness Date

September 5, 2017

v. Sufficiency Date

September 22, 2017

vi. Agency Referral Requests Mailing Date

September 22, 2017

vii. Adjacent Property Notification Mailing Date

October 18, 2017

viii. Legal Notice Publication Date

October 22, 2017 Daily Inter Lake

ix. On-site Posting of Public Hearing Date

October 25, 2017

Finding #14: The proposal has been reviewed as a major subdivision in accordance

with statutory criteria and standards outlined in Section 4.4 of the Flathead County

Subdivision Regulations effective December 1, 2014.

D. Provision of Easements for the Location and Installation of Planned Utilities

Finding #15: The preliminary plat identifies adequate easements for utilities to serve

the proposed subdivision. All other easements associated with this subdivision and the

subdivided property shall be clearly located on the Final Plat to satisfy applicable

requirements of the Montana Subdivision and Platting Act and the Flathead County

Subdivision Regulations.

E. Provision of Legal and Physical Access to Each Parcel

Smith Lake Road and the unnamed internal subdivision road would provide the primary

legal and physical access to the proposed subdivision and all lots within it. The

applicants will be required to name the internal subdivision road and obtain appropriate

approach permits from the Flathead County Road and Bridge Department.

Finding #16: The preliminary plat includes adequate provisions for legal and physical

access to the proposed subdivision and all spaces and structures within it because the

ingress approach from Smith Lake Road is able to meet applicable requirements of an

approved Flathead County approach permit.

F. Review of Applicable Plans

76-1-605(2)(b) M.C.A states that A governing body may not withhold, deny, or impose

conditions on any land use approval or other authority to act based solely on

compliance with a growth policy adopted pursuant to this chapter. Furthermore, 76-3-

608(3) M.C.A. does not contain compliance with the growth policy as a primary criteria by

which an individual subdivision proposal must undergo local government review or on

which findings of fact are to be based. Review of general conformance with applicable

plans is provided as an acknowledgement and consideration of the guidance offered by the

information contained in the document(s).

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i. Neighborhood Plan

The proposed subdivision is not located in a neighborhood plan area.

ii. Flathead County Growth Policy

The Flathead County Growth Policy is a general policy document that meets the

requirements of M.C.A. 76-1-601, and was adopted on October 12, 2012. Regulations

adopted by Flathead County used in the review of subdivisions are an implementation

of the goals and policies established in the Growth Policy (M.C.A.76-1-606). This

proposal conforms to the regulations used in the review of subdivision in Flathead

County and is therefore in general compliance with the Flathead County Growth

Policy.

G. Compliance with Local Zoning

The proposed subdivision is located in an area of Flathead County that is presently

zoned Scenic Corridor. The Scenic Corridor zoning designation regulates cellular

communication towers and off-premise signs.

V. SUMMARY OF FINDINGS

Finding #1: The proposed division of land will likely reduce agricultural use in an area

of prime farmland because the property has historically been used for hay production, 12

acres is designated as ‘farmland of statewide importance,’ and the small lot size may not

have sufficient room for continued agricultural use; however, the division of land will not

likely impact surrounding properties from continuing agricultural use.

Finding #2: Water availability appears to be adequate because the developer proposes to

install two wells, the lots will be metered, and the public water system will be required to

be reviewed by Montana Department of Natural Resources and Conservation for water

rights.

Finding #3: The proposal for public water and individual wastewater treatment systems

for the proposed subdivision appear to be reasonable because they are subject to

permitting and monitoring approval by the Flathead County Environmental Health

Department and the Montana Department of Environmental Quality.

Finding #4: Impacts to the existing transportation network are anticipated but appear to

be acceptable because the proposed subdivision will be accessed by a paved public road,

approach permits access will be required from Flathead County Road and Bridge, and the

internal road network will be constructed to applicable standards outlined in 4.5.7 of

FCSR.

Finding #5: Adverse impacts related to recreation are not anticipated as a result of the

proposed subdivision as the subdivider will be required to make a parkland cash-in-lieu

donation and the site is located in close proximity to public lands, and area lakes and

rivers offering a wide array of recreational opportunities to residents.

Finding #6: The fire and emergency medical services appear to be adequate because the

proposed subdivision will be served by Smith Valley Fire Department and the subdivider

will be required to meet reasonable requests by the fire department.

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Finding #7: Adverse impacts to air quality and of noise are anticipated to be minimal and

acceptable with the imposition of conditions as all roads accessing the subdivision will be

paved and short-term construction related noise is the only anticipated noise to be

generated by the subdivision development.

Finding #8: The soils on the subject property appear to be acceptable because the soils

are generally classified as well drained and the proposal for water, sanitation, and

stormwater will be required to be reviewed and approved prior to installation of the

proposed new facilities.

Finding #9: The impacts to flora are expected to be minimal as no species of concern

have been observed on the site and the forested area on the northern border of the

property will designated a ‘no build zone’ and will likely remain forested.

Finding #10: The impact to the wetland and riparian areas on the property will be

minimal because the subdivider as indicated the riparian area as a ‘no build zone’ and the

areas designated as wetlands will be required to designated as ‘no build zones’ or shown

to not exist through an acceptable wetland delineation study.

Finding #11: No impact to floodplain are anticipated as a result of the proposed

subdivision because no floodplain is identified on the subject property.

Finding #12: Minimal impacts to wildlife and wildlife habitat as a result of the proposed

subdivision are anticipated but can be minimized by the imposition of ‘no build zones on

sensitive habitat such as wetlands and riparian areas.

Finding #13: The preliminary plat would conform to all provisions of the Montana

Subdivision and Platting Act if it contains all elements required to meet state survey

requirements, which would be determined when it is reviewed by the Flathead County

Examining Land Surveyor prior to final plat approval.

Finding #14: The proposal has been reviewed as a major subdivision in accordance with

statutory criteria and standards outlined in Section 4.4 of the Flathead County

Subdivision Regulations effective December 1, 2014.

Finding #15: The preliminary plat identifies adequate easements for utilities to serve the

proposed subdivision. All other easements associated with this subdivision and the

subdivided property shall be clearly located on the Final Plat to satisfy applicable

requirements of the Montana Subdivision and Platting Act and the Flathead County

Subdivision Regulations.

Finding #16: The preliminary plat includes adequate provisions for legal and physical

access to the proposed subdivision and all spaces and structures within it because the

ingress approach from Smith Lake Road is able to meet applicable requirements of an

approved Flathead County approach permit.

VI. CONCLUSION

In accordance with the provisions of Section 4.5.7 of the Flathead County Subdivision

Regulations, a review and evaluation of the preliminary plat application has been completed by

the staff of the Flathead County Planning and Zoning Office. The proposed subdivision appears

to generally comply with the subdivision review criteria, pursuant to the 16 Findings of Fact

stated above. Should the Planning Board forward a recommendation of approval of this

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subdivision to the Flathead County Commissioners, Findings of Fact and Conditions of Approval

attached as Exhibit A and B, respectively, should be adopted.

VII. CONDITIONS

A. Standard Conditions

1. The applicant shall receive physical addresses in accordance with Flathead County

Resolution #1626C. All road names shall appear on the final plat. Street addressing shall be

approved by Flathead County. [Section 4.7.16(g)(iv), 4.7.26(c) Flathead County

Subdivision Regulations (FCSR)]

2. All areas disturbed during development of the subdivision shall be re-vegetated in

accordance with an approved Weed Control Plan and a letter from the County Weed

Supervisor stating that the Weed Control Plan has been approved and implemented shall be

submitted with the final plat. [Section 4.7.13(g) and 4.7.25, FCSR]

3. All utilities shall be extended underground to abut and be available to each lot, in

accordance with a plan approved by the applicable utility providers. [Section 4.7.23, FCSR]

4. The proposed water, wastewater treatment, and stormwater drainage systems for the

subdivision shall be reviewed as applicable by the Flathead City-County Health

Department and approved by the Montana Department of Environmental Quality. [Section

4.7.13, 4.7.20, 4.7.22 FCSR]

5. The mail delivery site shall be provided with the design and location approved by the local

postmaster of USPS. A letter from the postmaster stating that the applicant has met their

requirements shall be included with the application for final plat. [Section 4.7.28, FCSR]

6. In order to assure the provisions for collection and disposal of solid waste, the developer

shall submit a letter from the applicable solid waste contract hauler stating that the hauler is

able to provide service to the proposed subdivision. [Section 4.7.22, FCSR]

7. The owners shall abide by the guidelines set forth in the approved Dust and Air Pollution

Control and Mitigation Plan during and after site construction and development activities.

[Section 4.7.14, FCSR]

8. With the application for final plat, the developer shall provide a compliant Road Users’

Agreement or CC&R document, which requires each property owner to bear his or her pro-

rata share for maintenance of the roads within the subdivision and for any integral access

roads lying outside the subdivision. [Section 4.7.15(e), FCSR]

9. The following statements shall be placed on the face of the final plat applicable to all lots:

a. All road names shall be assigned by the Flathead County Address Coordinator and

clearly identified and house numbers will be clearly visible from the road, either at

the driveway entrance or on the house. House numbers shall be at least four inches in

length per number. [Section 4.7.26(c), FCSR]

b. All utilities shall be placed underground. [Section 4.7.23, FCSR]

c. The owners shall abide by the guidelines set forth in the approved Dust and Air

Pollution Control and Mitigation Plan during and after site construction and

development activities. [Section 4.7.14, FCSR]

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d. Solid Waste removal for all lots shall be provided by a contracted solid waste hauler.

[Section 4.7.22, FCSR]

e. Lot owners are bound by the Weed Control Plan to which the developer and the

Flathead County Weed Department agreed. [4.7.25, FCSR]

10. The final plat shall comply with state surveying requirements. [Section 76-3-608(b)(i),

M.C.A.]

11. All required improvements shall be completed in place or a Subdivision Improvement

Agreement shall be provided by the subdivider prior to final approval by the County

Commissioners. [Section 4.0.16 FCSR]

12. The final plat shall be in substantial compliance with the plat and plans submitted for

preliminary plat review, except as modified by these conditions. [Section 4.1.13 FCSR]

13. Preliminary plat approval is valid for three years. The final plat shall be filed prior to the

expiration of the three years. Extension requests to the preliminary plat approval shall be

made in accordance with the applicable regulations and following associated timeline(s).

[Section 4.1.11 FCSR]

B. Project-Specific Conditions

14. The area classified in the National Wetlands Database shall be shown and labeled as a ‘No

Build Zone’ on the face of the final plat unless a wetland delineation study can show the

area was mapped incorrectly. [Section 4.7.10 FCSR]

15. Either cash-in-lieu or a total of 1.499 gross acres (minimum) of land shall be dedicated as

parkland and maintained by a Homeowner’s Association in accordance with the provisions

of Section 4.7.24(d)(ii) FCSR, and shall be designated on the face of the final plat.

16. The proposed water supply for fire suppression and hydrants onsite shall meet all

applicable requirements set forth in Section 4.7.26(e) of the Flathead County Subdivision

Regulations.

17. The applicant shall comply with all reasonable fire suppression and access requirements of

the Smith Valley Fire District. A letter from the fire chief stating the plat meets the

applicable requirements of the district shall be submitted with the application for final plat.

[Section 4.7.26(b), FCSR] These reasonable requirements include:

a. The water system shall be located within the subdivision.

b. The water system shall consist of a minimum holding tank of 30,000 gallons that

refills with an electric pump at a standard rate of 8-10 gpm.

c. The fill connection shall be either a standard hydrant or a stand pipe with a 2.5 inch

fire connection a minimum of a 500 GPM pump.

d. The stand pipe must be no less than 36 inches and no more than 48 inches off of the

ground.

e. The stand pipe must be a 3 inch pipe with a 2.5 inch fire thread coupler with a cap.

f. All fire apparatus must be able to get within 10 feet of the hydrant or stand pipe.

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g. A dry hydrant draft stand pipe, with a 5 inch piep and a 5 inch female fire thread

coupler with a cap is also required in the case of power or pump failure.

Planner: kn