Staff Report/Preliminary PlatTri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel.net
www.tricityplanning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Thomas R. Jentz, Director
Chris A. Kukulski, City Manager
SUBJECT Western Pines Preliminary Plat Approval
MEETING DATE: October 20, 2003
BACKGROUND: This is a request by Ron Kelly for preliminary plat approval of Western
Pines Townhouses Subdivision, a 4-lot townhouse subdivision lying between 7th Ave. West
and Western Drive (a county road) in the southwest comer of the city. The applicant
proposes to take two existing duplex structures built to townhouse standards and create
sublots so that each half of the exiting duplex can be sold. Each of the two parent lots
contains 6,200 square feet, the proposed two unit townhouse lots each contain
approximately 3,150 feet each. The property is zoned R-4 two Family residential. The
duplex structures were constructed on the lots to townhouse standards more than 5 years
ago.
Because this is a minor subdivision, the preliminary plat is submitted directly to the City
Council for action. Staff is recommending approval based on staff report KSR-03-3 subject
to 5 conditions of approval. Please note that the applicant did submit and receive
preliminary plat approval for the identical project in May 1995 (Resolution # 4208).
Unfortunately, the applicant failed to file the final plat. Since that preliminary approval,
the applicant did proceed to construct the two duplex structures (one on each lot) and has
been renting them out for the last 5 plus years. He would now like to sell each half of the
two duplexes and is again proceeding with subdivision.
RECOMMENDATION: A motion to adopt staff report KSR-03-3 as findings of fact and
approve the preliminary plat of Western Pines Townhouses with the attached 5 conditions
of approval.
FISCAL EFFECTS: Minor positive impacts once final platted.
ALTERNATrVES: As suggested by the City Council.
Respectfully submitted,
Thomas R. Jentz Chris A. Kukulski
Director City Manager
Providing Community Planning Assistance To:
City of Kalispell - City of Whitefish - City of Columbia Falls -
Western Pines townhouse subdivision Preliminary Plat Approval
October 8, 2003
Page 2
Report compiled: October 8, 2003
c: Theresa White, Kalispell City Clerk
Ron Kelly, 1475 Western Avenue, Kalispell, MT 59901
Attachments: Staff report KSR-03-3 and application materials
TRANSMIT\KALISPEL\2003\KSR-03-3MEMO
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OF WESTERN ACRES, IN THE SE4 SW4 OF SECTION 18, TOWNSHIP 28 NORTH,
RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Ronald Kelly, the owner of certain real property described above, has petitioned for
approval of the Subdivision Plat of said property, and
WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section
2.05 (Preliminary Plat Process -Minor Subdivision), Subdivision Regulations of the
City of Kalispell, and
WHEREAS, the Tri-City Planning Office has reviewed the proposed subdivision and made a
report (#KSR-03-3) to the City Council of the City of Kalispell, said report
considering the criteria set forth in Section 76-3-608 MCA, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of October 20,
2003, reviewed the Tri-City Planning Office Report #KSR-03-3, and found from the
Preliminary Plat, and evidence, that the subdivision is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Tri-City Planning Office Report
#KSR-03-3 are hereby adopted as the Findings of Fact of the City Council.
SECTION 11. That the application of Ronald Kelly for approval of the Preliminary Plat of
Western Pines Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
Development of the site shall be platted in substantial compliance with the approved
preliminary plat which governs the location of lots and roadways within the subdivision
except as modified by the conditions listed herein. (Kalispell Sub. Regs. Appendix C — Final
Plat I(A) Contents of Final Plat).
2. A 3 0-foot utility easement be established along the common property lines (15 foot either
side), of the parent Lots I and 2.
3. As part of this subdivision, additional upgrading of Western Drive is waived at this time and
the requirements for sidewalks along 7th is waived because they would constitute an
extremely piecemeal approach on just 65 feet of frontage in a neighborhood that is not
otherwise served. (Site review committee recommendation).
4. That a letter be obtained from the Kalispell Public Works Department approving the plans
and specifications for water, sewer and drainage facilities for the subdivision and that
separate sewer and water services are available for each sublot. (Kalispell Sub. Regs. Section
3.12-3.15).
5. That preliminary approval shall be valid for a period of three years from the date of approval,
an extension maybe granted for an additional year. (Kalispell Sub. Regs. Section 2.04 E(7)).
SECTION III. The classification of said premises under the Kalispell Zoning Ordinance
shall not be changed by the action.
SECTION IV. 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 AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 20TH DAY OF OCTOBER, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
1141ESTERN PINES TOWNHOUSES
AMENDED PLAT OF LOTS 1 & 2 OF WESTERN PINES,
AN AMENDMENT TO LOT 5 OF WESTERN ACRES
TRI-CITY PLANNING OFFICE
SUBDIVISION REPORT #KSR-03-3
October 6, 2003
This is a request by Ron Kelley for prehminary plat approval of a four (4) lot townhouse
subdivision located at 1430 7th Avenue West. Subject properties are Lots 1 and 2 of Western
Pines, an amendment to Lot 5 of Western Acres Subdivision, approximately 300 feet north of
Sunnyside Drive on the west side of 7th Avenue West. This is a minor subdivision which is
forwarded directly to the City Council for review and final action.
Owner of Record: Ronald Kelley
1475 Western Avenue
Kalispell, MT 59901
(406) 755-5765
Technical Assistance: Smith Surveying
291 3rd Ave. EN
Kalispell, MT 59901
Location:
The proposed subdivision is located between 7th Avenue West and Western Drive
approximately 300 feet north of Sunnyside Drive. The address is 1430 7th Avenue West.
Each parent lot contains approximately 6,300 square feet with 65 feet of frontage on both 7th
Avenue West and Western Drive. The site is more formally described as the Re -subdivision of
Lots I and 2 of Western Pines, a Re -subdivision of Lot 5 of Western Acres, in part of the SE4
of the SW4, of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County.
Existing Land Use /Zonin :
The subject properties each contain a duplex townhouse structure. The structures have
been occupied on a rental basis for several years. The site is zoned R-4, Two Family
Residential.
Adioining Land Use:
The site is immediately surrounded by single-family and mobile home development. To the
north and south is County R-5 zoning, east (across 7th Avenue West) City R-4 zoning, and
west across Western Drive is County R- I zoning.
Covenants:
Covenants from Western Acres were amended to allow duplexes.
#KSR-03-3
Page I of 4
Utilities:
Water:
Kalispell, 8" water main in 7th Avenue West.
Sewer:
Kalispell, 8" sewer main in 7th Avenue West.
Garbage:
Kalispell Municipal Service
Telephone:
P.T.I.
Electricity:
Pacific Power
This preliminary plat is reviewed as a minor subdivision in accordance to Section 2.7 of the
Kalispell Subdivision Regulations.
The effects and/or impacts of four (4) townhouse units of residential development is
expected to be minimal relative to public health and safety. The four residential units
already exist and have existed for some time. The creation of sublots will merely allow the
units to be transferred to different owners. Homeownership is viewed as a positive step.
This subdivision is within the jurisdiction of the Kalispell police and fire departments.
Emergency medical support is located nearby at Kalispell Regional Hospital. The property
does not exhibit any natural hazards. The terrain is relatively flat and the property is not
within a designated floodplain. Access is available via 7th Avenue West and Western Drive.
The subject lot and subdivision is within the city limits of Kalispell. The property is zoned
for residential development and has been developed accordingly. There is no residual
wildlife habitat of significant value.
The property exhibits no unique natural features. The lot is relatively flat and there are no
unusual or significant plant communities associated with the property. This lot has
already been committed to residential development by previous subdivision approval.
There will be no additional impact on the natural environment.
EFFECTS ON LOCAL SERVICES:
Schools: Development of a maximum of 4 additional housing units will have
minimal impacts with 2 - 4 additional children of grade school age
generated.
Parks/ Recreation: Impacts will be minimal. This project is exempt from parkland
dedication.
Fire Protection: The subdivision will be served by the Kalispell Fire Department. The
department notes no particular concerns with the ability to adequately
serve the proposed subdivision.
Police Protection The Kalispell Police Department can adequately serve the additional
development.
#11,SR-03-3
Page 2 of 4
Roads: The site is served by Th Avenue West on the east side which is a fully
developed City street including pavement and curbing but lacking
sidewalks. Western Drive is a private road in the County. The
applicant does not have control nor authority to upgrade this road.
Western Drive presently does not have pavement, curb, gutter, or
sidewalk. Note that the adjoining properties do not either. The
distance from Sunnyside Drive, a paved county road to this subdivision
is 300 feet. This road presently functions well now and whether or not
the subdivision is approved, the duplex accessing it will continue to be
there.
Water: The subdivision is served by an 8" water main that has adequate
capacity.
Sewer: An 8" sanitary sewer main serves the site and has adequate capacity.
Public Health Services: Existing medical facilities in Kalispell will be able to
accommodate the medical needs and emergencies of the residents of
this subdivision.
lwyiyxey�q �, C-I'melfirm
The proposed subdivision is located within the confines of the developed area of Kalispell
and will have no direct or indirect impacts on agricultural activities.
1103 (0) � I
The site is generally surrounded on three sides by duplex zoning. This proposal is
considered to be in conformance with the type of development permitted by the zones in
the area The property is adequately served by all necessary pubhc facilities and utilities
except that Western Drive is gravel. The existing duplexes on each street have been
constructed for over 6 years. Whether this subdivision is approved or not the duplexes will
still be there. The applicant does not own or have control over the private road. Site review
recomniended that given the pre-existing situation and the fact that the lots have only 65
feet of frontage on Western and 65 feet of frontage on 7th, the improvements to Western
Drive not be pursued at this time. .
RECOMMENDATION
It is recommended that the Preliminary Plat of Western Pines be approved subject to the
following conditions:
L Development of the subdivision shall be platted in substantial compliance with the
approved preliminary plat which governs the location of lots and roadways within the
subdivision except as modified by the conditions listed herein. (Kalispell Sub. Regs.
Appendix C - Final Plat I(A) Contents of final Plat).
2. A 30-foot utility easement be established along the common property lines (15 foot
either side), of the parent Lots 1 and 2.
3. As part of this subdivision, additional upgrading of Western Drive is waived at this
time and the requirements for sidewalks along Th is waived because they would
constitute an extremely piecemeal approach on just 65 feet of frontage in a
neighborhood that is not otherwise served. (Site review committee recommendation).
#KSR-03-3
Page 3 of 4
4. That a letter be obtained from the Kalispell Public Works Department approving the
plans and specifications for water, sewer and drainage facilities for the subdivision and
that separate sewer and water services are available for each sublot. (Kalispell Sub.
Regs. Section 3.12 - 3.15).
5. That prelimina-Ty approval shall be valid for a period of three years from the date of
approval, an extension may be granted for an additional year. (KalispeU Sub. Regs.
Section 2.04 (E(7))
#KSR-03-3
Page 4 of 4
APPLICATION FOR MINOR SUBDIVISION PRELIMINARY PLAT APPROVAL
This application shall be submitted, along with all information required by the applicable
Subdivision Regulations and the Montana Subdivision and Platting Act, and the
appropriate fee to:
Tri-City Planning Office, 17 Second St East, Suite 211
Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858
FEESCHEDULE:
FEE ATTACHED: $420.00
Minor Subdivision ... (5 or fewer lots)
Condominiums (5 or fewer units - land is not subdivided)
Mobile Home Parks & Campgrounds
(5 or fewer spaces - land is not subdivided)
Amended Preliminary Plat
Subdivision Variance
Commercial Subdivisions
SUBDIVISION NAME: Western Pines Townhouses
Name Ronald L. Kelley Phone 755-5765
Mailing Address 1430 7h Avenue West
City Kalispell — State Montana — Zip 59901
$300 + 30/lot
$300 + 30/unit
$300 + 30/space
$200
$100 (per variance)
Add $200 to base
Peliminary plat fee
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc.):
Name & Address Smith Surveying & Consulting — 291 P Avenue E.N. — Kalispell, MT 59901
Name & Address
Name &
LEGAL DISCRIPTION OF PROPERTY:
City/County Kalispell / Flathead County
Street Address,MMM 1430 7 1h Avenue West
Assessor's Tract No.(s) 06886' )9 & 0982568 _ Lot No(s) Lots I & 2 of Western Pines
1/4 See SWI/4 Section 18 Township 28N Range 21 West
GENERAL DESCRIPTION OF SUBDIVISION:
Number of Lots or Rental Spaces 4 Total Acreage in Subdivision 0.290 ac.
Total Acreage in Lots 0.290 ae. Minimum Size of Lots or Spaces 3150 sq. feet (0.072 ac.)
Total Acreage in Streets or Roads 0 Maximum Size of Lots or Spaces 3160 sq. feet (0.072 ac.)
Total Acreage in Parks, Open Spaces and/or Common Areas. 0
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family
Duplex
Commercial
Condominium
Townhouse 4 Mobile Home Park
Apartment Recreational Vehicle Park
Industrial Planned Unit Development
Multi -Family Other
APPLICABLE ZONING DESIGNATION & DISTRICT R-4
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS $60,000.00 (Lots I & 2)
Roads: Gravel Paved
Curb Gutter
Sidewalks Alleys Other
Water §ystem:
Individual
Multiple User
Neighborhood X Public Other
Sewer System:
Individual
Multiple User
Neighborhood X Public Other
Other Utilities:
X Cable TV X
Telephone X —Electric
X Gas X Other
Solid Waste- X
Home Pick Up
Central Storage
Contract Hauler Owner Haul
Mail Delivery: Central X Individual — School District: 75
Fire Protection: X Hydrants Tanker Recharge _ Fire District: Kalispell
Drainage System:
VARIANCES: ARE ANY VARIANCES REQUESTED? NO (yes/no) If yes,
please complete the information below:
SECTION/REGULATION OF REGULATIONS CREATING HARDSHIP:— N/A
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT
COMPLIANCE OF REGULATIONS: N/A
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE
REGULATIONS:— N/A
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW:
1. Will the granting of the variance be detrimental to the public health, safety or
-general welfare or injurious to other adjoining properties? N/A
2. Will the variance cause a substantial increase in public costs?
J. Will the variance affect, in any manner, the provisions of any adopted zoning
regulations or Master Plan?
N/A
4. Are there special circumstances related to the physical characteristics of the
site (topography, shape, etc.) that create the hardship?
5. What other conditions are unique to this property that create the need for a
variance?
N/A
The subdivider shall submit a complete application addressing items below to the Tri-
City Planning Office at least thirty (30) days prior to the date of the meeting at which
it will be heard.
I . Preliminary plat application.
2. 6 copies of the preliminary plat.
Whitefish: 20 copies of the preliminary plat. Note that minor plats
,cro to the Planning Board and City Council.
One reproducible set of supplemental information. (See Appendix A of
Subdivision Regulations for the city where the subdivision is proposed.)
4. One reduced copy of the preliminary plat not to exceed I I" x 17" in size.
5. Application fee
6. Adjoining Property Owner List (see example below)
Assessor# Sec-Twn-Rng Lot/Tract No. Property Owner Mailing Address
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forrns, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be untrue, I understand that any
approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Tri-City Planning staff to be
present on the property for routine monitoring and inspection during the approval
and development process.
(Applicant)
(f) a (e)
As approved by the TCPB, Effective 5/l/03
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PRELIMINARY PLAT OF WESTERN PINES TOWNHOUSES
SW114, Section 18
Township 28 North, Range 21 West, P.M.,M.
Flathead County, Montana
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SMITH SURVEYING
—Ify Pd.
& CONSULTING
29131 *d Avenue E. N.
Kelispeil, Montana 59901
snuthsuiweying@d igisys.net
Voice: (406) 257-4323 Fax: (406) 756-8002