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Staff Report/Final Platr; , 4, t Flathead egi al Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner, FRDO Chris A. Kukulski, City Manager Final Plat Approval for Sunnyside Townhouses - Two duplex townhomes creating four sublots May 17, 1999 Phone: (406) 758-5980 Fax: (406) 758-5781 BACKGROUND: Preliminary plat approval was waived on February 25, 1998 by the Flathead Regional Development Office for this four residential subdivision because it meets the criteria for preliminary plat waiver provided for under the Kalispell Subdivision Regulations and State subdivision statutes. This subdivision will allow the construction of two duplex townhomes and the creation of four sublots. The property boundary will bisect the common wall of the dwellings and each lot will be conveyed separately. The property is located on the south side of Sunnyside Drive between Fifth and Sixth Avenues West in the south part of Kalispell. The property is zoned R-4, Two Family Residential and the subdivision complies with all zoning and subdivision standards. RECOMMENDATION: Because all of the conditions have been met or otherwise adequately addressed, the staff is recommending that the city council approve the final plat for this subdivision. FISCAL EFFECTS: Minor positive impacts once fully constructed. ALTERNATIVES: As suggested by the city council. Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: May 11, 1999 Attachments: Letter evaluating conditions of approval Staff Report KWP-99-2, Findings of Fact Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Flathead a i®al Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 May 12, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59901 RE: Final Plat Approval for Sunnyside Townhouses Dear Chris: Our office has received an application from Bob Cook for final plat approval for the above referenced subdivision. This is a four lot residential subdivision where the property owner creating four sublots where two duplex townhomes will be constructed. One of the duplexes is currently in the process of being finished. The property is located on the south side of Sunnyside Drive between Fifth and Sixth Avenues West in the southern part of Kalispell. The property is zoned R-4, a Two Family Residential zoning district which allows the creation of sublots as proposed. Our office waived the preliminary plat subject to five conditions on February 24, 1998 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. 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. 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 City Council will need to adopt findings of fact for approval found in attached staff report KWP-99-2 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. Condition No. 1. That access top the site be limited to two driveway approaches which will be located on the east and west ends of the property with cubing installed between Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat for Sunnyside Townhouses May 12, 1999 Page 2 the driveway. The approach on the west end of the property is a shared access with the adjoining property to the west. • This condition has been met. The driveways and accesses to the subdivision have been constructed according to the required condition. Condition No. 2. Obtain approach permits from the City of Kalispell Public Works Department and comply with the conditions for the driveway approaches onto Sunnyside Drive. • This condition has been met. The driveway approaches have been constructed according to the terms and conditions of the approach permit. Condition No. 3. That the driveway approaches shall be paved prior to final plat approval and that the parking lots shall be paved upon completion of construction. • This condition has been met. The approaches and parking lot have been paved. Condition No. 4. That a five foot landscape buffer be established between the curb and the property boundary and street trees be placed at 40 foot intervals which have a minimum of a one and a half inch caliper at planting. • This condition has been met. The landscape buffer has been established and the street trees planted. Condition No. 5. Obtain a Certificate of Subdivision Approval from the Department of Environmental Quality and approval from the Kalispell Public Works Department for water and sewer facilities to each lot. Utilities shall be installed underground and extended to each lot. • This condition has been met. A Certificate of Subdivision approval from MDEQ and approval from the Kalispell Public Works Department for water and sewer facilities has been submitted with the final plat. A on -site verification of the extension of utilities has been made. Condition No. 6. This waiver of preliminary plat approval is valid for a period of three years and shall expire on February 23, 2001. • This condition has been met. The final plat has been subdivision prior the expiration of the preliminary plat approval. The final plat is in substantial compliance with the preliminary plat which was review and approved. Final Plat for Sunnyside Townhouses May 12, 1999 Page 3 This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the R-4, Two Family Residential zoning designation on the property. � IAD ST• ►M ") a I r • ,. All of the conditions of preliminary plat approval have been adequately addressed. The Flathead Regional Development Office recommends that the Kalispell City County adopt the attached staff report KWP-99-2 as findings of fact and approve the final plat for Sunnyside Townhouses. Please schedule this matter for the next regular City Council of May 17, 1999 You may call me at (406)758-5980 if you have any questions regarding this subdivision. Sincerely, j4k� 1. 3 (4�?'- Narda A. Wilson, AICP Senior Planner NW/ Attachments: 1 opaque mylar 1 reproducible mylar 1 blueline Staff Report KWP-99-2 Final plat application Letter from FRDO for pre plat waiver dated 2/24/98 DEQ approval #E.Q. #99-2366 dated 4/9/99 *Letter from Kalispell Public Works for water and sewer Driveway permit dated 4/20/99 Title Report from First Am Title dated 4 / 12 / 99 Consent to Plat from Bankwest 4/23/99 Treasurers Certification Lot layout and site design c: Bob Cook, 4047 Highway 93 So., Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \... \KW99-2 SUNNYSIDE TOWNHOUSES REVIEW• FINDINGS OF A report to the Kalispell City Council for findings of fact for a four lot residential subdivision. Preliminary plat approval for this minor subdivision was waived on February 24, 1998, subject to six conditions and compliance with the Kalispell City Subdivision Regulations. BACKGROUND This is a four lot residential subdivision which is intended for two duplex townhouse units on four sublots. A. Applicant: Bob Cook 4047 Highway 93 South Kalispell, MT 59901 (406)257-3676 TechnicalAssistance: F & H Land Surveying Co. P.O. Box 114 Whitefish, MT 59937 (406)862-2386 B. Location: The subdivision is located on the south side of Sunnyside Drive between Fifth and Sixth Avenues West in the south part of Kalispell. The property can be described as Lot 2 of Insteness Subdivision located in Section 9, Township 28 North, Range 21 West, P.M.M., Flathead County. Total area: 0.461 acres Lot 1: 0.094 acre Lot 2: 0.092 acres Lot 3: 0.092 acre Lot 2: 0.183 acres Currently this property has one of the townhome units nearly completed and the other portion of the site to the west is undeveloped. Most of the uses in the area are either single family homes. Significant floodplain lies to the south and poses development constraints. This area is in the County jurisdiction and is zoned R-1, single family. Most of the zoning in the area, primarily to the north, is R-4 with some City R-1 to the east and west. This subdivision and associated townhouses will be a good addition to the neighborhood which has many older homes and is currently going through a period where some of the homes are being rehabilitated and upgraded. The property is located in an R-4, Two Family Residential zoning district which allows single family homes and duplexes as permitted uses. This district also allows the creation of sublots with a minimum lot size requirement of 2,500 square feet per lot. The subdivision complies with the R-4 zoning requirements. F. Relation to Master Plan Map: The property is designated as Urban Residential on the Kalispell City - County Master Plan Map which anticipates a density of two to eight dwellings per acre. This subdivision is in substantial compliance with that master plan designation. G. Utilities: Water and Sewer: Electricity: Telephone: School: Police: Fire Protection: 5EI-BrIl a r i City of Kalispell Pacific Power and Light PTI Communications 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. • f.. i . Y:. (. 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 the significantly impact the service provided by the district. Vegetation and topography: The site does not have significant native vegetation. The property is relatively flat and has historically been used for residential purposes. The proposed subdivision is not mapped big game habitat winter range and does not appear to provide habitat to significant wildlife other than some birds and small animals. 2 • r • : +' ' • a M r si The subdivision is currently served by City of Kalispell water and sewer. No impacts on the natural environment appear to be related to the subdivision of this property and there is not surface water in the area. D. Effects on Local Services: - Sewer and Water: The City of Kalispell currently provides water and sewer service to the newly created lots. No additional or significant impacts are anticipated to the City with regard to water and sewer services as a result of the creation this subdivision. Roads: Access to the site is provided directly from Sunnyside Drive, a City owned and maintained roadway in relatively good condition. No improvements to the roadway are anticipated to be needed as a result of this subdivision. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is anticipated to create no additional school - age child for this district since this is an already developed site. 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 'culture: This is within a highly urban area of Kalispell which has continued to grow. This subdivision will not have an impact on agriculture in the Valley. 3 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 now 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 is 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. by —TV• Staff recommends that the Kalispell City Council adopt Staff Report KWP 99-2 as findings -of -fact for the proposed subdivision and approve the final plat. ]REPORTS \ 1999 \KALSPELL\KWP99-1 4 GUARANTEE First American Title Insurance Company p y J 164069 1347(11/68) FILE NO.: CT-57199 FEE: $125.00 J-164069 SUBDIVISION OR PROPOSED SUBDIVISION: Sunnyside Townhouses SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES: F & H Land Surveying FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described as follows: Lot 2 of an Amended Plat of Lot 1 of Insteness Subdivision, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The above -described tract of land is to be known and designated as Sunnyside Townhouses. (1) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues and other easements offered for dedication by said Plat are: B & RC, Inc. (Vested party) and BankWest, National Association (Mortgagee) (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county taxes for the year 1999, a lien not yet payable. NOTE: General and special county taxes for the year of 1998 and all prior years have been paid in full. Continued... FILE NO.: CT-57199 J-164069 2. Deed of Trust dated December 12, 1997, to secure an indebtedness in the principal sum of AMOUNT : $40,000.00, and any other amounts and/or obligations secured thereby. RECORDED : December 12, 1997, as Doc. No. 1997-346-13330 records of Flathead County, Montana. GRANTOR : B & RC, Inc. TRUSTEE : Citizens Title & Escrow Company, Inc. BENEFICIARY: BankWest, National Association 3. Construction Deed of Trust dated June 17, 1998, to secure an indebtedness in the principal sum of AMOUNT : $89,000.00, and any other amounts and/or obligations secured thereby. RECORDED : June 18, 1998, as Doc. No. 1998-169-15520, records of Flathead County, Montana. GRANTOR : B & RC, Inc. TRUSTEE : Citizen's Title and Escrow Company, Inc. BENEFICIARY: BankWest, National Association (3) Easements, claims of easements and restrictions agreement of record are: 1. 30 foot roadway and utility easement as disclosed by Plat of Insteness Subdivision and on the recorded Plat of An Amended Plat of Lot 1 of Insteness Subdivision and on the proposed Plat of Sunnyside Townhouses. 2. Utility Easement Certificate as depicted on the recorded Plat of An Amended Plat of Lot 1 of Insteness Subdivision. 3. Shared access easement as depicted on the recorded Plat of An Amended Plat of Lot 1 of Insteness Subdivision and on the proposed Plat of Sunnyside Townhouses. 4. The effect of restrictions contained in Certificate of Subdivision Plat Approval recorded with the Plat of an Amended Plat of Lot 1 of Insteness Subdivision, recorded July 16, 1997, as Document No. 1997-197-11200, records of Flathead County, Montana. Continued... FILE NO.: CT-57199 J-164069 5. Resolution No. 3786 executed by the City of Kalispell for Annexation and Zoning recorded April 6, 1988 as Doc. No. 88-097-11160, records of Flathead County, Montana. (Affects: Premises and other property) 6. Utility Easement as shown on the proposed Plat of Sunnyside Townhouses 7. The above described property is 1 jurisdiction of the Kalispell Fire Di DATED: April 14, 1999, at 8:00 A.M. Subscribed and sworn to before me within and subject to the ict s ZO day of 4M.] s ti Notary Public for State of on Residing at L tom, 1 1 My Commission Expires min 5UN 51DE DRIVE O . t4 bb'A'oo' m.,ti et Dearl,y+� %gzorw U %66M 7.1)Z' x5r °-L--s5p5' ° 10._ .101� IZ s LOT 2A 1-OT 213 LOT 1A LOT ID 4110 -)q. ft. 3c]&q -!,q. ft. 4014 -,1. ft. 71354 . ft b- 0.094 Acre-i O.Og2 Acre 0.0 Acres 0.183 Acres 0 J 3706. sq. ft. 040 5440 + ft. 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ZA i ��� ' .4d t., LS • F,,,,d pip* 2949E5 OF NE ilq Section kr hov" L 0 T 6553 5q Ft 0.19(o Acre N 6q,9q.00. , Airpo"rhis M ,% AL anty IN A - V-0- rato the ^ altis.1-1, 17 'Dow, ;Z, co�p# S? in iolj, nis, if 1)), % Z& �' %P. • REP " I-', ! QKJVF LOT 2 20,067 5q, j=T 0,461 Acre Bankwest, National Association, being record owner of an interest in that tract of land in the Northeast one -quarter (NE1/4) of Section Nineteen (19), Township Twenty-eight North (T.28 N.), Range Twenty-one West (R.21 W.), Principal Meridian, Montana, Flathead County, Montana, platted by the annexed plat of SUNNYSIDE TOWNHOUSES, do hereby consent to the platting and dedication made and given by the Certificate and Dedication of said plat. t, Xati6nal Association STATE OF MONTANA ) SS County of Flathead ) On this `rQ day of , 19�, before me, the undersigned, a Notary Pub is for the State of Montana, personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. In witness whereof, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. CA Nota Public gor the State of Montana Residing at y_, Montana My Commission expires \�- 3 -®\ PLAT ROCK i`,, f 1 S. .f ■. 'Ar,_ :'F. y' 59901 „ L By: ,9L / PR FOR: �`` DATE: DESCP: 5 o4, 7-0UJ-n hoPURPOSE: 10�(,-,74 S+�gof YEARS D ASSESSOR 1992 THRU 7 0 3 9�3 SQ © G O /// CIO 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. f l a 5 o CO) 3 3I� _ 3p� (A0o t� Q 0 -1 i� ® C - Q � • 1■1/P�■1/1■/■19/IP19iiy9i�slrlyrl •t•1.1.1.1.1•Iryq•1•�!:�r�>:r f IIr.t/1111111111Eiri1 /t11111ri11 -•r-- 111-111111111/1� 1111 llllilit/6�-'•—' IIEr11111i1If11F;/111 Ir111111r1 �—•ram• I �" 1 1 1 1 1 1 11 1 1 1 1 1 1 1' �-�• �-t i l l l l i '-----, I°I°I�: 1 1 1 1 1 1 1 1 1 1 1 1! 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Phone No. 2L-7- 3 LE, Owner: �Je0-RAJ Date of Preliminary Plat Approval: A) A'1 LtLQ Type Subdivision: Residential >/- Industrial __-_ Commercial PUD Other IJ No:' of Lots Proposed `( Land in Lots (acJ. 4 FILING FEE ATTACHED $�� ' Note: Parkland: Land lac.) Cash -in. --lieu $ Exempt Minor Subdivision : $200 + $10/lot Major Subdivision - $300 t $10/lot Prel. Plat waived - $400 + $10/lot Not Applioble Attached (M� CHECK ONE1 v` Health Department Certification (original) -� Title Report (Original, not more than 90 days old) ✓ Tax Certification (Property taxes must be paid) Consent(s) to.Plat (Originals and notarized) ._. V/ Sub. Improvements Agreement (attach collateral) Parkland Cash -in -Lieu (Check attached) Covenants (Original signature. provided) Homeowners By-Laws/Articles of Incorporation (Originals) Plats: 1 opaque cloth back (hard back) 2 mylar copies - 3 bluelines Plat must be signed by all owners of record, the surveyor and examining land' surveyor. Attach a letter which lists EH.G)1 condition of preliminary plat approval and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final application must be submitted no less than 30 days prior to expiration date of preliminary plat. When all final plat materials are submitted to the F.R.D.O. and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt -of the final plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat. may necessitate re- consideration by, the Planning Board. I certify that all.information submitted is true, a,cc'urate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and �may. invalidate, any approval. Owner(s)Signature Date