Staff Report/Preliminary PlatFlathead e i al Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax- (406) 758-5781
December 1, 1998
Glen Neier, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Preliminary Plat Approval for Cra-Lon Addition
Dear Glen:
Attached with this letter you will find staff report KSR-98-3 for Cra-Lon Addition, a
four -lot residential subdivision located on the north side of Sylvan Drive where it
merges with College Avenue. Please schedule this subdivision for review by the
Kalispell City Council at their regular meeting of November 21, 1998.
If you have any questions regarding this preliminary plat, call me at (406) 758-5980.
Sincerely,
J � /��V6
Steve Kountz
Senior Planner
SK/sm
Attachments: Staff Report #KSR-98-3
Preliminary Plats
Application Materials
c/w att: Cra-Lon Corporation, P O Box 533, Bullhead City, AZ 86439
Paul J. Stokes & Associates, 343 lst Ave. West, Kalispell, MT 59901
H: \ FRDO \LETTERS\ 1998 \ KSR98-3
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
CRA-LON ADDITION
•' ! • ! • i
f
A report to the Kalispell City Council regarding a request for preliminary plat approval of a
four -lot residential subdivision.
Technical assistance
Cra-Lan Corporation
P.O. Box 533
Bullhead City, AZ 86439
Paul J. Stokes & Associates
343 1 st Av. W .
Kalispell, MT 59901
B. Location of Property: The site is located on the north side Sylvan Drive where it
merges with College Avenue. The property is described as Assessor's Tracts 4CA
and 2BA in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
C. Size:
Total area: 0.909 acres
- Minimum lot area: 5,662 square feet, 0.132 acres
Maximum lot area: 14,078 square feet, 0.323 acres
D. Existing land use and zoning: Lot 1 is developed with a duplex, Lot 2 with a
single family house, and lots 3 and 4 are vacant. The existing zoning on lots 1 and
2 is RA-1 Low Density Residential Apartment in the Kalispell Zoning Ordinance.
The RA-1 district provides for multi -family housing and minimum lot size of 6,000
square feet and an additional 3,000 square feet for each additional unit beyond a
duplex. The existing zoning on lots 3 and 4 is R-2 One Family Limited Residential
in the Flathead County Zoning Regulations, which is proposed to be annexed
and amended to city zoning. The planning board recommended that city R-3
zoning be adopted on lots 3 and 4.
E. Adjacent Land Uses and Zoning:
North: Single-family residential, County R-2 and City RA-1 zoning
South: Single-family residential, Kalispell R-3 zoning
East: Single family residential, County R-1 zoning
West: Single family residential, Kalispell RA-1 zoning
F. Availability of Utilities: City sewer and water, overhead power, and natural gas
utilities are in place within the street right-of-way abutting the subdivision.
Water:
Sewer:
Electricity:
Telephone:
Solid Waste:
Fire:
Schools:
Police.
City of Kalispell
City of Kalispell
Pacific Power
Centurytel
City of Kalispell
City of Kalispell
School District #5
City of Kalispell
This application is reviewed as a minor subdivision in accordance with State statutory
review criteria and the Kalispell Subdivision Regulations.
0
As noted above, RA-1 zoning currently exists on lots 1 and 2 and is proposed on
lots 3 and 4. The subdivision would not comply with zoning in three respects.
First, lot 1 would not meet the minimum lot size requirement of 6,000 square feet.
The plat proposes a lot size of 5,662 square feet, which could become even less if
additional street right-of-way dedication is required (see discussion below on
streets). A duplex already exists on lot 1. Second, lot 1 would not meet the
minimum lot width requirement of 60 feet. The plat proposes a lot width of 48 feet,
which could become even less if additional right-of-way dedication is required.
Third, the proposed lot boundary between lots 1 and 2 does not meet the 10-foot
side yard setback requirement of the RA-1 district. One option for compliance
would be to combine lots 1 and 2 into a single lot. Another option would be to
obtain a variance from the board of adjustment for creating these three non-
conforming circumstances. Staff recommends a condition requiring compliance
with zoning, which would provide for either option.
B. Conformance with the Master Plan
The subdivision substantially complies with the Kalispell City County Master Plan.
On the master plan map, this area is designated as both high density residential
land and transition area to urban residential land. The site is along a boundary
between more intensive and less intensive land use designations. In high density
residential areas, the plan anticipates proximity to commercial area, public open
space, and collector or arterial streets, and this site is the southern edge of a
planned high -density residential area which accordingly abuts Conrad Dr.,
Woodland Park, and a neighborhood business district. An applicable master plan
policy which would also support the subdivision is 8.a, to designate areas for
development where urban services already exist or can be economically extended.
C. Effects on Health and Safety:
Flooding and soils: The Soil Survey maps an intermittent stream across the middle
of the property, and the steep banks of this drainage channel are approximately
eight feet high. The channel has been filled west of the site at College Av. and
east of the site at Zimmerman Rd, so it no longer appears to function as a flowing
drainage way for surface -water, but it does appear to function as a drainage
retention area and potentially a wetland. At the public hearing on the Zone
change, adjacent neighbors referred to this area as the slough and said that it
typically has surface water and waterfowl in it each spring. Viewing the site in
October, the channel had no surface water but did have some wetlands vegetation
(horsetails) and several birch trees growing in it. The area is not mapped as 100-
year or 500-year floodplain in FIRM panel 1810D, but the FIRM panel may be in
error in this area, since the floodplain boundary is shown as a straight north/south
line as if the floodplain mapping abruptly ended. The soils on the site are mapped
in the Soil Survey as Swims silty clay loam (Sr), which are rated by the Natural
Resources and Conservation Service as having severe limitations for building sites
due to flooding and ponding. Engineer Paul Stokes representing the applicant has
stated that, upon preliminary inspection, the site does not appear to qualify as a
wetland protected under the Clean Water Act; and the intention of the owner is
that most of the channel area on lot 4 would be filled to create a suitable building
site.
Subdivision regulations require the following: that the design and development of
subdivisions contain suitable building sites which are properly related to
topography and shall preserve the natural terrain, natural drainage, existing topsoil,
trees, natural vegetation, and wildlife and fish habitats to the greatest extent
feasible (3.02); and that a drainage easement be placed along a watercourse
drainage way, channel, ditch, or stream, at a sufficient width to allow for
maintenance and stream bank preservation (3.18.D). Such a drainage easement
would keep building sites outside of this channel area and mitigate potential
flooding and environmental impacts. With such an easement extending to the top
of the bank, the building site area on lot 4 would be only 16 feet deep at the most;
because the area between the bank and the front property boundary ranges from
approximately 16-36 feet deep and the front setback requirement is 20 feet.
To implement these subdivision requirements, staff recommends the following: a
qualified engineer, hydrologist, or agency shall delineate any part of the site which
qualifies as a wetland under the Clean Water Act, and such land shall be
designated on the final plat as a drainage easement and shall not be used as a
building site. If lot 4 does not contain a 40'x40' building site outside of such
drainage easement and required zoning setbacks, then lots 3 and 4 shall be
combined into one lot.
Topography: The steep bank of the drainage channel across the site is
approximately eight feet high and 100% slope. Subdivision regulations (3.06.E)
require that each lot have a suitable building site (40' x 40' square pad) on existing
undisturbed terrain of 30% or less slope. Lot 4 does not meet this requirement but
a variance is considered below, since the slope is only 8 feet high, and a building
site with a daylight basement or moderate fill appears feasible.
Fire and emergency access- The site is in an urbanized area and would be served
by the Kalispell Fire Department. The subdivision is approximately 0.8 miles from
the fire station and police station. A hydrant is in place, which the Fire Chief
commented is adequate to serve the subdivision. Access for fire and other
emergency services is adequate.
The site is in an urbanized area and is not mapped by the Montana Department of
Fish, Wildlife and Parks as significant riparian or big game habitat. The
channel/wetland area across the site may provide habitat for a variety of birds and
other species. At the public hearing before the planning board on the zone
change, neighbors commented that a variety of wildlife use this area. Retaining
any qualified wetlands in the slough area as a natural drainage easement would
mitigate potential impacts on wildlife (see further discussion above on flooding and
soils).
Channel/Wetland: As noted above, a natural drainage way crosses the site, which
appears to function as a drainage retention area and potentially a wetland. At the
public hearing on the zone change, adjacent neighbors referred to this area as the
slough and said that it typically has surface water and waterfowl in it each spring.
Engineer Paul Stokes representing the applicant has stated that, upon preliminary
inspection, the site does not appear to qualify as a wetland protected under the
Clean Water Act; and the intention of the owner is that most of the channel area
on lot 4 would be filled to create a suitable building site. Based on subdivision
requirements to conserve natural drainages within drainage easements, staff
recommends that a qualified professional shall delineate any part of the site which
qualifies as a wetland under the Clean Water Act, and such land shall be
designated on the final plat as a drainage easement. See further discussion
above on flooding and soils.
4
Other effects: The building site portion of the site is relatively flat, requiring
minimal grading except for lot 4 on which a variance from slope standards is
discussed below. The road is paved, preventing potential road dust impacts on air
quality.
F. Effects on Local Services:
Annexation: Annexation to the city would improve the overall level of public
services to the subdivision, including municipal utilities, a staffed fire department,
substantially more police staffing per capita and size of service area, and more
extensive street infrastructure.
Water and sewer: Municipal water and sewer lines are already in place in the
street right-of-way abutting each lot.
Streets: The subdivision would provide for 7-12 dwelling units, depending on the
zoning approved on lots 3 and 4. The Institute of Transportation Engineers
estimates average daily traffic for a single-family house at 10 daily trips and for a
low-rise apartment unit at 6.6 daily trips, or 53-79 daily trips with full buildout of
the subdivision. College Av. and Sylvan Dr. abutting the site are city streets with
approximately 22-foot paved width and street lights but no curbs, gutters,
sidewalks, or street trees. At the public hearing before the planning board on the
zone change, neighbors commented that the two corners abutting the site form
an S-curve which is a significant traffic hazard. Kalispell subdivision regulations
require minimum road width of 28 feet and installation of curb, gutter, and
sidewalk on the subdivision side of the street, but also provide that city council
can require waiver of protest to an SID in lieu of street improvements where
minor subdivisions front on existing streets. The public works director and
planning staff recommend completion of the street improvements in this case,
due to the additional traffic impact of multi -family housing and that street
improvements would significantly enhance the corner of College Av. and Sylvan
Dr. which neighbors have objected is unsafe.
Subdivision regulations also require minimum right-of-way width of 60 feet and
that utilities be placed within right-of-way/easement at least 20 feet wide unless
specified otherwise by the utility company. A portion of College Av. has right-of-
way only 40 feet wide and the existing power line is outside the right-of-way,
approximately six feet into the site. Although extending right-of-way width 20 feet
on the other side of the street would better match the 60-foot right-of-way on the
curve of Sylvan Dr., such dedication would burden that neighboring lot owner to
the south by placing the right-of-way only 13 feet from the house there, and such
right-of-way configuration would not be consistent with the existing location of the
pavement and power line. Tim Hunt at Pacific Power commented that extending
the right-of-way north to include the power line and an additional two -foot beyond
that point would be adequate for utility maintenance in this case. Accordingly,
the Public Works Director recommends that additional College Av./Sylvan Dr.
right-of-way be dedicated from the subdivision to include and extend two feet
beyond the power line from the corner to the east end of the subdivision's Sylvan
Dr. street frontage. East of this point, subdivision regulations would require
dedication of additional easement to accommodate utilities in accordance with
plans approved by the applicable utility companies.
Schools: Staff estimates that 5-6 additional school -age children would reside at
the site with full build -out of the subdivision. The property is located within the
Kalispell School District. Gary Rose of the district commented that the
subdivision would not have a significant effect on schools.
Parks: Subdivision regulations do not require parkland dedication for minor
subdivisions. The site is within walking distance, approximately 1,100 feet, of
Woodland Park.
Police Protection: The site would be served by the Kalispell Police Department.
The subdivision is approximately 0.8 miles from the police station.
Fire Protection: The site would be served by the Kalispell Fire Department. The
subdivision is approximately 0.8 miles from the fire station. A hydrant is in place,
which the Fire Chief commented is adequate to serve the subdivision.
Refuse Disposal: Refuse disposal would be provided by the City of Kalispell.
The County Landfill has adequate capacity to accommodate the additional
refuse generated from this subdivision.
Medical -Services: Medical services are available at Kalispell Regional Hospital
approximately 2.5 road miles from the site.
G. Effects on Agriculture and Agricultural Water User Facilities:
The 0.9-acre site is in urbanized area abutting the city. No significant impact on
agriculture or water user facilities is anticipated.
H. Compliance with the Flathead County Subdivision Regulations:
The proposal complies with subdivision requirements, subject to meeting
conditions that address improvements and design, except that a variance would be
required from slope standards for lot 4. Subdivision regulations (3.06.E) require
that each lot have a suitable building site (40' x 40' square pad) on existing
undisturbed terrain of 30% or less slope. Lot 4 does not meet this requirement.
Subdivision regulations provide for granting of variances subject to adoption of
findings that the following criteria are met, each of which is discussed below.
1. The granting of the variance will not be detrimental to public health, safety, or
general welfare or injurious to other adjoining properties.
The steep bank of the drainage channel across the site is approximately
eight feet high and 100% slope. It crosses the middle of lot 4. The slope
standard addresses potential impacts of steep slope development from
slope instability, erosion and siltation, reduced ability to suppress fires on
steeper slopes, and hillside scarring. The slope standard is intended to
address larger, continuous steep slopes although the standard does not
specify a minimum height. Since the slope is only 8 feet high, a building
site with a daylight basement or placed on suitable fill appears feasible
without undue impacts on slope stability, erosion, fire safety, or scarring.
Staff recommends that a professional engineer certify that the slope poses
no significant geological hazard for the development of lot 4 or for
neighboring properties, and that any recommendations for mitigation be
noted on the final plat.
2. The conditions on which the variance is based are unique to the property on
which the variance is sought and are not applicable generally to other property.
The condition on which the variance is based is that the slope is only 8 feet
high, which is unique to the property and not applicable generally to other
property.
3. Because of the particular physical surroundings, shape or topographical
conditions of the specific property, a particular hardship would result as
distinguished by a mere inconvenience if the strict letter of the regulations is
enforced.
The physical condition on which the variance is based is that the slope is
only 8 feet high. The particular hardship is that lot 4 would not be
developable if the standard is applied.
4. The variance will not cause a substantial increase in public costs.
Substantial increases in public costs as a result of the variance are not
apparent.
5. The variance will not, in any manner, vary the provisions of any adopted zoning
regulations or master plan.
The variance would not be contrary to specific provisions of the zoning and
master plan.
Staff recommends approval of the variance from 3.06.E for lot 4, subject to the
condition that a professional engineer certify that the slope poses no significant
geological hazard for the development of lot 4 or for neighboring properties, and
that any recommendations for mitigation be noted on the final plat.
The Flathead Regional Development Office would recommend that Kalispell City Council
adopt the Staff Report #KSR 98-3 as findings of fact and grant preliminary plat approval
for this subdivision subject to the following conditions:
The subdivision shall comply with the Kalispell Zoning Ordinance. Either combine
lots 1 and 2 into a single lot, or obtain zoning variances for lot width on lot 1, lot
size on lot 2, and the side yard setback on lot 2.
2. The subdivision shall comply with the Kalispell Design and Construction
Standards, as approved by the Public Works Department.
a) Install street improvements including curb, gutter, and detached sidewalk on
one side where the subdivision abuts the street.
b) Dedicate additional College Av./Sylvan Dr. right-of-way from the subdivision
to include and extend two feet north of the power line from the street
intersection to the east end of the subdivision's Sylvan Dr. street frontage.
c) Prepare and implement an engineered drainage plan.
d) Sewer and water facilities shall meet design and improvements standards.
3. A variance is granted from 3.06.E for lot 4, subject to the conditions that a
professional engineer certify that the slope poses no significant geological hazard
for the development of lot 4 or for neighboring properties, and that any
recommendations for mitigation be noted on the final plat.
4. A qualified engineer, hydrologist, or agency shall delineate any part of the site
which qualifies as a wetland under the Clean Water Act, and such land shall be
designated on the final plat as a drainage easement in accordance with Section
3.18.D of the Kalispell Subdivision Regulations and shall not be used as a building
site. If lot 4 does not contain a 40'x40' building site outside of such drainage
easement and required zoning setbacks, then lots 3 and 4 shall be combined into
one lot.
5. Dedicate utility easement to accommodate the existing utilities east of the
subdivision's Sylvan Dr. street frontage in accordance with plans approved by
the applicable utility companies.
6. Install street trees on one side of the subdivision street frontage in accordance with
a plan approved by the Kalispell Parks Department.
7. Obtain approach permits from the Public Works Department for driveway
approaches onto College Av. and Sylvan Dr. The requirements of the permit shall
be met prior to final plat approval.
8. The following notes shall be placed on the final plat:
a. All house numbers shall be placed to be visible from the road, either at the
driveway entrance or on the building.
b. New utilities shall be installed underground.
9. The preliminary plat shall be valid for a period of three years from the date of
approval.
H: \... \98\KSR98-3
9
This application shall be submitted, along with all in -formation required by the applicable
Subdivision Regulations and the Montana ,d the
appropriateto:
Flathead Regional Developinent Office, 723 Fifth Avenue Eazt, Ro'o= 414
Minor Subdi-,- Sion......................................................$250 10/loc
(5 or fewer lots)
Condonzir u—s..........................................................S250 T 10/unit
(5 or fe per lots - land is not subdivided
Mobile Ho=-- Parks & Ca=pgrounds ...........................S250 ; 10/saace
(5 or fewer spaces - Iand is noc subdivided)
A=ezded P-e} nary Plat ...................................... .S200
SUBDIVISION 1Y : CRA-LCN L)DITICN TO i's. CITY OF KALIS-P i,
OWYER(S) OF RECORD:
is e CZA-:ZN CX'RPCRA`"ICN Phone (520) 768-9776
C:^y/State &-
Add.-ess: P.C. SOX 533, AZ. Zip 86439-033
TECHNICAL/PR.OFESSION.AL PARTICIPANTS (Surveyor/Designer/Engineer, etc):
Name & Addr tss PAUL J. STOKES & ASSCC. INC., 343 1 ST AVE W. KALISP=
Name & Add: ess RER2 AN SURVEYINi G, P.O. BOX 160, SCME•- MT
Na=e & Addres
City/ County
Street Address 440 COLLL.= AVENUE
Assessor's Tract No.(s) 0925928 Lot No.(s ) 4CA & 2BA
1/4 Section M 17 Township 28N.
Rar_;e 21 W
GENERAL DESCRIPTION OF SUBDIVISION: THE SUBDIVISION KS BEEN
Number of Lots or Re _tal Spaces 4 Total Acreage in Subdivision 1.09
Total Acreage in Lots 1.09 Minimum Size of Lots or Spaces .13
Total Acreage in Streets or Roads N/A Ma. --.:mum Size of Lots or Spaces .30
Total Acreage in Parks, Open Spaces and/or Common Areas
1
Single Family Townhouse Mobile Home Park
Duple.Y x Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other
APPLICABLE ZONING DESIGNATION & DISTRICT RAI
ESTL' IATE OF WAR.= VALUE BEFORE 11UPROVEMENTS $50,000
,a- - • ,• • .. • n
Roads: Gravel x Paved Curb Gutter Sidewalks Alleys Cther
Water System: L-dividual Multiple User —Neighborhood X Publlic Other
Sewer System: Individual Muitipie User Neighborhood X Public Ot .er
Other Utilities: X Cable TV X Telemhone X EIectric X Gas X Other
Solid Waste: h'c=e Pick Up Cen=al Storage Con=act Hauler X Owner Haul
Mail Delivery Ccritral L^_diTdual X School Dist:-=
Fire Protection: X Tani-cer Recharge Fire
Drainage System: U.Z RUN-OFF WILL PE RL['I`At",IID C'NSITE SOIL =—ES ARE CU,4C C'v7�: To
TTG2�L ABSORPTION
PROPOSED EROSION/SEDIMENTATION CONTROL: RECCNTCUP—TNG,
.REVIrGI=ON OF 1DIS7,:2BED AREAS AND SILT F NCE.S AS REQ==.
VARIANCES: ARE ANY VARIANCES REQUESTED? NO (yes/no) If yes,
please complete the information below:
. zi ! • • :•
to !
LpTED
BELOW:
1. Will the granting of the variance be detrimental to the public health, safety or
general welfare or injurious to other adjoining properties?
2. Will the variance cause a substantial increase in public costs?
3. Will the var_a-_ce affect, in any raary er, the provisions of any adopted zori.-Ig
regulations or Master Plan?
4. Are there special circumstances related to the physical characteristics of the
site (topography, shape, etc.) that create the hardship?.
S. What other conditions are unique to this property that create the need for a
variance?
3
The subdivider shall submit a complete application addressing items below to the
FRDO Office at Ieast thirty (30) days prior to the date of the meeting at which it will be
heard.
Preliminary plat application.
2. 16 copies of the preliminary plat.
3. One reproducible set of supplemental information. (See Appendix A -
Flathead County Subdivision Regulations).
4. One reduced copy of the preliminary plat not to exceed I IA x 17" in size.
5. Application fee.
I hereby ce:-~dfy under penalty of perjury and the laws of the State of !Montana that the
information submitted herein, on all other submitted forms, docents, plans or any
other information submitted as a can of this appl.icadon, to be true, complete, and
accurate to the best of my knowledge. Should any infor--ation or representadon
subr=it=_ed in connection with this application be un=ue, I understand that anv
approval based thereon may be rescinded, and et_her appropriate action taken. The
signing of this application sigr_iues approval for the F.R.D.O. staff to be present on t:_e
proper for routine monitoring and inspection during the approval and development
process.
CRA- LON CORP.
(Applicant)
By: Paul J Stokes && Ass., Inc.
�en ?
B • --
Y
Paul J Sto es, President
G9
October 2,1998
(Date)
PRELIMINARY PLAT FOR:
CRA-LON CORPORATION
COLLEGE AVENUE
22 FOOT
OUTSIDE PROPER,
40 FOOT
BUILDING PAD
PRELIMINARY PLAT FOR CRA-LOIN CORPORATION
COLLEGE AVENUE