Staff Report/Final PlatCity of Kalispell
Planning Department
17-2"d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
REPORT TO:
FROM:
SUBJECT:
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
Final Plat Approval of Mosby Tracts
MEETING DATE; August 1, 2005
BACKGROUND: This is a residential subdivision that creates two lots on property
located on the south side of 14th Street East between 6th Avenue East and 7th Avenue
East. One lot will accommodate the existing single family dwelling and detached
garage while the other lot will be developed with a single family residence.
Preliminary plat approval for this subdivision was waived on May 17, 2004 subject to
five conditions. .
The existing lot contains approximately 0.47 of an acre or 20,473 square feet. Lots 1
and 2 will contain approximately 8,070 and 12,024 respectively. The neighborhood is
primarily developed with single family homes with some multi -family dwellings in the
area that exists as non -conforming uses.
This property was recently annexed and given a zoning designation of R-3, Urban
Single Family Residential. The R-3 zoning for the property anticipates single family
dwellings as the primary use. The minimum lot size requirement in the R-3 zone is
7,000 square feet and the minimum lot width is 60 feet. The lots in the subdivision
comply with the zoning for the property.
Our office waived the preliminary plat on May 17, 2004 subject to six conditions
because it has been found that the subdivision can meet the criteria for preliminary
plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision
Regulations.
Findings of fact for approval of the plat are found in attached staff report KWP-05-3
which review the conditions of approval and how they have been met.
RECOMMENDATION: A motion to adopt the findings of fact in the staff report and
approve the resolution for the final plat would be in order.
FISCAL EFFECTS: Potentially minor positive effects.
ALTERNATIVES: As suggested by the city council.
Final Plat for Mosby Tracts
July 26, 2005
Page 2
Respectfully submitted
Narda A. Wilson
Senior Planner
Report compiled: July 26, 2005
c: Theresa White, Kalispell City Clerk
C�
ames H. atrick
City Manager
attachments: Transmittal letter and application
Staff report KWP-05-3
Plats
H: \REPORTS\... \KWP05-3.DOC
WHEREAS, David and Beverly Mosby, the owners of certain real property described above, have
petitioned for approval of the final Subdivision Plat of said property, and
WHEREAS, preliminary plat approval for this minor subdivision was waived on May 17, 2004, by
the Tri-City Planning Office according to Section 2.06 of the Kalispell Subdivision
Regulations subject to five (5) conditions, all of which have been met, and
WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section
2.06 (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver),
Subdivision Regulations of the City of Kalispell, and
WHEREAS, the Kalispell Planning Department (formerly the Tri-City Planning Office) has
reviewed the proposed subdivision and made a report (KWP-05-3) to the City
Council of the City of Kalispell, said report considering the criteria set forth in
Section 76-3-608 MCA, and recommends final plat approval of said subdivision.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report
#KWP-05-3 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of David and Beverly Mosby for final plat approval of
Mosby Tracts in Section 17, Flathead County, Montana, is hereby approved.
SECTION III. The classification of said premises under the Kalispell Zoning Ordinance
shall not be changed by the action.
SECTION IV. That upon proper review and filing of the final plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND
SIGNED BY THE MAYOR THIS 1 ST DAY OF AUGUST, 2005.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
City of Kalispell
Planning Department
17 - 2"d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
July 26, 2005
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
RE: Final Plat Approval for Mosby Tracts
Dear Jim:
Our office has received an application for final plat approval from local surveyor Rick
Breckenridge on behalf of David Mosby for a two lot residential subdivision. An
existing single family home and garage are located on proposed Lot 1 and there is an
existing shed that will likely remain on proposed Lot 2. Preliminary plat approval for
this subdivision was waived on May 17, 2004 subject to five conditions. This property
is located on the south side of 14th Street East between 6th Avenue East and 7th
Avenue East.
The existing lot contains approximately
Proposed Lot 1 will contain approximately
contain approximately 12,024 square feet.
0.47 of an acre or 20,473 square feet.
8,070 square feet and proposed Lot 2 will
This property was recently annexed and given an initial zoning designation of R-3,
Urban Single Family Residential. This area is single family residential in character
with multi -family dwellings in the area that exist as non -conforming uses. The R-3
zoning for the property allows single family dwellings as permitted uses and is the
primary use anticipated in this district. The minimum lot size requirement in the R-3
zone is 7,000 square feet and the minimum lot width is 60 feet. The subdivision
complies with the zoning for the property.
Our office waived the preliminary plat subject to several conditions because it has
been found that the subdivision can meet the criteria for preliminary plat approval
waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations.
Specifically, it can be found that the following conditions exist:
1. The plat contains five or fewer lots.
2. There is no public dedication of streets or public or private parkland.
3. All lots have legal and physical access conforming to the subdivision regulations.
Final Plat for Mosby Tracts
July 26, 2005
Page 2
4. Each lot has a suitable building site and there are no environmental hazards
present.
S. Public sewer and water are adequate and in place.
6.. The subdivision complies with the subdivision regulations and current zoning
regulations.
7. No significant effects are anticipated on agriculture and agricultural water user
facilities, local services, the natural environment, wildlife and wildlife habitat and
the public health and safety.
The Kalispell City Council will need to adopt findings of fact for approval found in
attached staff report KWP-05-3 concurrent with the final plat approval. The following
is a list of the conditions of approval and a discussion of how they have been met.
COMPLIANCE WITH CONDITIONS ®)1' APPROVAL
Condition No. 1. That the final plat is in substantial compliance with the
preliminary plat that was waived.
This condition has been met. The lots in the subdivision comply with the
preliminary plat that was waived.
Condition No. 2. That a note be placed on the face of the final plat that waives
protest to the creation of a special improvement district for the future upgrade of
streets in the area to City standards.
This condition has been met. The required note has been placed on the face of the
plat and will be recorded with the plat.
Condition No. 3. A municipal facilities exemption be obtained from the Montana
Department of Environmental Quality and a letter from the Kalispell Public Works
Department stating that municipal water and sewer are available and will be provided
to the lots.
This condition has been met. See attached MDEQ letter certifying the subdivision
will be connected to municipal facilities.
Condition No. 4. A letter be obtained from the Kalispell Public Works Department
stating that water and sewer service is available to both lots.
This condition has been met. The required letter from the Kalispell Public Works
Department has been submitted with the final plat.
Condition No. 5. The final plat shall indicate the location of existing buildings and
demonstrate that compliance with the development standards of the R-3 zoning
district have been met.
2
Final Plat for Mosby Tracts
July 26, 2005
Page 3
® This condition has been met. The buildings are shown on the final plat and comply
with the zoning for the property.
Condition No. 6. This waiver of preliminary plat approval is valid for three years
and shall expire on May 17, 2007.
This condition has been met. The final plat was submitted prior to expiration of
the waiver.
The final plat is in substantial compliance with the preliminary plat which was
reviewed and approved.
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations.
This subdivision has been found to be in compliance with the Kalispell Zoning
Ordinance and the R-3, Urban Single Family Residential zoning designation assigned
to the property.
All of the conditions of preliminary plat approval have been adequately addressed.
The staff recommends that the Kalispell City Council adopt the attached staff report
KWP-05-3 as findings of fact and approve the final plat for the subdivision. Please
schedule this matter for the next regular city council meeting of August 1, 2005. You
may call me at (406) 751-1852 if you have any questions regarding this subdivision.
Sincerely,
I. vw -
Narda A. Wilson, AICP
Senior Planner
NW/
Attachments: Vicinity map
1 opaque mylar
1 reproducible mylar
1 paper copy
Staff Report KWP-05-3
3
Final Plat for Mosby Tracts
July 26, 2005
Page 4
Final plat application
Letter from TCPO for pre plat waiver dated 5/ 17/04
DEQ approval #E.Q. #05-2399 dated 5/ 10/05
Letter from PW dated 6/ 15/05
Treasurers Certification dated 7/27/05
Title Report from Stewart Title dated 5/ 18/05
Consent to plat dated 6/ 13/05
C: Rick Breckenridge, 1405 Hwy 2 West, Kalispell, MT 59901
David E. & Beverly K. Mosby, 233 Cocker Lane, Kalispell, MT 59901
Theresa White, Kalispell City Clerk
H: \FRDO\REPORTS\KALISPEL\KWP\05\KWP-05-3 Itr.DOC
4
MOSBY TRACTS
REPORTSTAFF
REVIEW AND FINDINGS OF
•0
This is a report to the Kalispell City Council for findings of fact for a two lot residential
subdivision. Preliminary plat approval for this minor subdivision was waived on May
17, 2004 subject to five conditions.
BACKGROUND: This is a residential subdivision that creates two lots. There is a lot
to accommodate the existing single family residence which will remain and another lot
that will be developed with a single family dwelling. This property was recently
annexed and given a zoning designation of R-3, Urban Single Family Residential.
A. Applicant:
Technical Assistance:
David E. & Beverly K. Mosby
233 Cocker Lane
Kalispell, MT 59901
(406) 755-1317
Rick Breckenridge
1405 Hwy 2 West
Kalispell, MT 59901
(406) 755-3208
B. Location: The property is located on the south side of 14th Street East between
6th Avenue East and 7th Avenue East. It can be described as a portion of
Assessors Tract 5Q located in Section 17, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana.
C. Size:
Total area: 0.47 acre
Lot 1: 0.185 acres (8,070 square feet)
Lot 2: 0.276 acres (12,024 square feet)
D. Existing and Adjacent Land Uses: Currently this property is developed with a
single family dwelling on proposed Lot 1 and garage that will remain and will be
conveyed separately as a result of this subdivision. There is also an existing
shed on proposed Lot 2 that will also likely remain. The area is primarily single
family dwellings with some multi -family dwellings in the area that exist as non-
conforming uses.
E. Zoning: The property is zoned R-3, Urban Single Family Residential. This
zoning district has a minimum lot width requirement of 60 feet and a minimum
lot size requirement of 7,000 square feet. The proposed lots are in compliance
with the zoning. The primary anticipated land use is single family dwellings.
F. Relation to Growth Policy: The property is designated as Urban Residential
in the Kalispell Growth Policy 2020. The existing R-4 zoning and the proposed
uses for the site comply with the anticipated development for the area.
G. Utilities:
Water and Sewer:
Electricity:
Telephone:
Gas:
School:
Police:
Fire Protection:
City of Kalispell
Flathead Electric Coop
CenturyTel
Northwest Energy
School District #5, Kalispell
City of Kalispell
City of Kalispell
This application is reviewed as a minor subdivision in accordance with statutory
criteria and the Kalispell Subdivision Regulations.
A. Effects on Health and Safety:
Fire: The area is anticipated to be at low risk from wildfire due to the urban
location, lack of woody fuel and good access to the site. The proposed
subdivision is not expected to significantly impact the service provided by the
district. A fire hydrant is located nearly across the street from this property to
the north.
Vegetation and topography: The property is relatively level and has some
limited mature vegetation - some that will likely remain.
E. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped in
big game habitat winter range and does not provide habitat to significant
wildlife other than some birds and small animals with occasional deer in the
area.
C. Effects on the Natural Environment: The subdivision will be served by City
of Kalispell water and sewer minimizing impacts to groundwater. There is no
surface water or ground water in the area that can be anticipated to be
impacted when this property is developed. Any impacts on the natural
environment related to this subdivision will be insignificant.
D. Effects on Local Services:
Sewer and Water: The City of Kalispell will provide water and sewer service to
the property and currently serves the existing residence. It will serve the new
residence as well once developed. There are existing water and sewer mains
directly accessible to the site and no new water or sewer mains will be needed
to be extended to service this property.
K
Access and Roads: Access to the site can be obtained directly from 14th Street
East. This is an existing City street that is owned and maintained by the City
of Kalispell. It is approximately 24 to 28 feet wide and does not have a curb or
sidewalk. Due to the substandard nature of the street, there was a
requirement for a waiver to protest the creation of an SID to improve the
roadways in the area at some point in the future. The additional lot will be
developed with a single family dwelling. The impacts to the roadways in the
area will be minimal.
Schools: This property is within the boundaries of School District #5, Kalispell.
This subdivision is residential in nature and will have limited impacts on the
enrollment of the school district and may result in one additional school aged
child being enrolled in the district.
Parks: Parkland dedication is not required for minor subdivisions.
Police Protection: The property is served by the Kalispell Police Department. It
is not anticipated that this subdivision will significantly impact the service
provided by the police department.
Fire Protection: The property is within the service district of the Kalispell Fire
Department. The subdivision will not create additional impacts to fire service.
Refuse Disposal: Refuse disposal will be provided by the City of Kalispell. The
proposed subdivision is not expected to impact the landfill.
Medical Services: Emergency medical service is provided by the Kalispell
Regional Hospital; Ambulance and Life Flight services are also available.
E. Effects on Agriculture:
This subdivision is in the urban area of Kalispell and the area has been
developed to an urban density. This property has not been used for
agricultural purposes in the past and will have no effect on agricultural
activities in the Valley.
F. Compliance with the Kalispell Subdivision Regulations
This subdivision complies with the Kalispell Subdivision Regulations.
Preliminary plat was waived because it meets the waiver criteria provided for
under Section 2.06 of the regulations which include the following: (1) the plat
contains five or fewer lots, (2) there is no public dedication of streets or public or
private parkland, (3) all lots have legal and physical access conforming to these
regulations, (4) each lot has a suitable building site and there are no
environmental hazards present, (5) municipal water and sewer are adequate and
in place, (6) the subdivision complies with these regulations and zoning
regulations, (7) there are no significant effects anticipated on agriculture and
agricultural water user facilities, local services, the natural environmental wildlife
and wildlife habitat and the public health and safety. This subdivision is in
substantial compliance with the Kalispell Subdivision Regulations.
3
G. Compliance with the Kalispell Zoning Ordinance:
This subdivision complies with the minimum lot size and lot width
requirements of the R-3, Urban Single Family Residential, zoning district.
Each lot meets the minimum lot size requirement for the current and proposed
uses on the property. The subdivision complies with the zoning for the
property.
ICADNEONJIM•
Staff recommends that the Kalispell City Council adopt Staff Report KWP-05-3 as
findings -of -fact for the proposed subdivision and approve the final plat.
H:\FRDO\REPORTS\KALISPEL\KWP\05\KWP-05-3 mosby
nw
C!
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricityplanning(acenturytel.net
www.tricityplanning-mt.com
May 17, 2005
Rick Breckenridge
Montana Mapping Associates, Inc.
1405 Hwy 2 West
Kalispell, MT 59901
Re: Waiver of Preliminary Plat Approval - David Mosby
Dear Rick:
This letter is in response to your request for waiver of preliminary plat for a two lot
residential subdivision located on the south side of 14th Street East between Fifth Avenue
East and Sixth Avenue East in Kalispell. The property contains approximately 0.49 of
an acre. The existing single family residence will be retained on proposed Lot 1 that will
contain approximately 8,276 square feet. Proposed Lot 2 will be created containing
approximately 12,196 square feet. This property is scheduled to be annexed into the city
of Kalispell at the June 6, 2005 Kalispell City Council meeting. It is anticipated that the
property will be zoned City R-3, Urban Single Family Residential. This letter is only valid
upon annexation to the city of Kalispell. The property can be described as a Assessors
Tract 5Q located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
Our office can find that the proposed subdivision meets the preliminary plat waiver
criteria as provided for under Section 2.06 of the Kalispell Subdivision Regulations.
Specifically it meets the following criteria: (1) the subdivision contains five or fewer lots,
(2) there is no dedication of streets or public or private parkland, (3) that the lots have
legal and physical access conforming to the subdivision regulations, (4) each lot has a
suitable building site and there are no environmental hazards present; (5) municipal
sewer and water are adequate and in place; (6) that the subdivision complies with the
subdivision and current zoning regulations, and (7) that there will be no significant
impact on agriculture, agricultural water users, local services or the natural
environment.
Due to the relatively minor impacts that this subdivision poses, this office grants
preliminary plat approval subject to the following conditions:
1. That the final plat is in substantial compliance with the preliminary plat that was
waived.
Providing Community Planning Assistance To:
® City of Columbia Falls • City of Kalispell ® City of Whitefish
Montana Mapping - Mosby
May 17, 2005
Page 2
2. That a note be place on the face of the final plat that waives protest to the creation of
a special improvement district for the future upgrade of streets in the area to City
standards.
3. A municipal facilities exemption be obtained from the Montana Department of
Environmental Quality and a letter from the Kalispell Public Works Department
stating that municipal water and sewer service are available and will be provided to
both lots.
4. A letter be obtained from the Kalispell Public Works Department stating that water
and sewer service is available to both lots.
5. The final plat shall indicate the location of existing buildings and demonstrate that
compliance with the development standards of the R-3 zoning district have been
met.
6. This waiver of preliminary plat approval is valid for three years and will expire on
May 17, 2008.
Waiver of preliminary plat approval does not constitute approval of the subdivision.
Please note that prior to final plat approval all requirements must be met per Chapters
2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding
this matter, please call Narda Wilson, Senior Planner, at this office.
Sincerely,
Thomas R. Jentz
Planning Director
LETTERS \WAIVEPP\05 \MOSBY.DOC
Montana Department of
ENVIRONMENTAL QUALITY
P.O. Box 200901
Montana Mapping Associates Inc
Rick Breckenridge
1405 Hwy 2 West
Kalispell MT 59901.
Dear Mr Breckenridge:
Brian Schweitzer, Governor
Helena, MT 59620-0901 (406) 444-2544 www.deq.mt.gov
May 10, 2005
RE: Mosby Tracts
Municipal Facilities Exclusion
EQ#05-2695
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA,
this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed {76-4-111 (3), MCA). Construction of water or sewer extensions prior to
DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75,
Chapter' 6 and Title 76, Chapter 4.
Sincerely,
�Q
Janet Skaarland
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 email jskaarland@state.mt.us
cc: City Engineer
County.Sanitarian
file
Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division
4 "$ City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
June 15, 2005
To Whom it May Concern
RE: Mosby Tracts Subdivision
Between 5"' Avenue East Alley and 6"' Avenue East South of 10' Street
Kalispell, Montana
The referenced subdivision has adequate access to the water and sewer system of the
City of Kalispell. In addition, the City of Kalispell water and sewer system has adequate
capacity to provide service to the referenced subdivision. An easement may be required
across Lot No. 2 for sewer service to Lot No. 1.
Sin rely,
Frank Castles, P.C.
Assistant City Engineer
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions & Condominiums Only
BY: ry
FOR: ps
DESCP: osLg
C
YEARS ASSESSOR #
2000 THRU
------------ & TO DATE
DATE 6-11g10,
0.10.7m------------
0a?o 75C>
---------------------------
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number.
----- Co-, -'-
Deputy Treasur
(seal)
Consent to Platting
Pursuant to Section 76-3-612, MCA, the undersigned, Whitefish Credit Union,
Beneficiary, as recorded March 2, 2005, Document No. 2005-061-14330, and rerecorded
March 7, 2005, Document No. 2005-066-08290, records of Flathead County, Montana,
hereby consents to platting and dedication of land included in the plat of Mosby Tracts.
IN WITNESS WHEREOF, said party had caused his name to be subscribed thereto,
on this day of �.J k) F . , 2005.
State of 4j).0 -(-)4�J/-, )
ss.
County of
On this t 3 day of T[j,U r` , 2005, before me the undersigned, a Notary
Public for the State of V,rEz /) A, _ personally appeared -.�-eA _ E.r iC
known to me to be the person whose name is subscribed to this instrum nth , and
acknowledged that they executed the same.
In witness whereof, I have hereunto set my hand and affixed my notarial seal the day and
year in this certificate first above written.
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DAVID & BEVERLY MOSBY
REQUEST FOR ANNEXATION & INITIAL ZONING OF R-3
(URBAN SINGLE FAMILY RESIDENTIAL) FROM COUNTY R-4,,
(TWO—FAMILY RESIDENTIAL) DISTRICT ON APPROXIMATELY
0.45 ACRES
PLOT DATE: 4/8//05
FILE# KA-05-6 H:\gis\site\ka05-6.dwg