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Staff Report/Preliminary Plat and CUPRegional eve e I ijit 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 November 22, 1995 Fax: (406) 758-5781 Bruce Williams, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 RE: Preliminary Plat and Conditional Use Permit for Teton Terrace Dear Bruce: The Kalispell City -County Planning Board and Zoning Commission held a public hearing on Tuesday, November 14, 1995 to consider the following: A request by the City of Kalispell for Preliminary Plat approval and a Conditional Use Permit to allow a Cluster Subdivision. The project is to be known as Teton Terrace and will contain 26 townhouse lots. The project will utilize a two -unit and three -unit construction design intended for single family ownership. There will be four buildings constructed with the 3-unit design and seven buildings constructed using the 2-unit design. Access would be from Hawthorne Avenue to Teton Court and Iris Court; the project would be connected to City water and sewer. John Parsons, Senior Planner of the FRDO, presented the staff report recommending approval for the preliminary plat. The applicant spoke in favor of the project. No one spoke in opposition. The Planning Board questioned why Esparanza (a subdivision approved in January of 1995 on the same property) was required to have a 60 foot right-of-way and this subdivision was only required to have a 50 foot right-of-way when the road is in the same location. In addition, discussion took place regarding the park in -lieu fee, with regards to why the staff report indicates $15,400 and Condition 9 indicated $5,000. The Board amended Condition 9 to read $12,166, which excludes the area of the road right-of- way for calculating park fees. The Board adopted FRDO Staff Report #KPP-95-04 as findings of fact, and by a 6-1-1 vote recommended that the request for Preliminary Plat and Conditional Use Permit be approved subject to 16 Conditions of Approval as amended. This recommendation is forwarded to the City Council for final action. Please contact the Board or FRDO if you have any questions. Respectfully submitted, KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Therese Fox Hash President TFH/JJP/dh Providing Community Planning Assistance To: * Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish Bruce Williams, City Manager City of Kalispell Re: Preliminary Plat and Conditional Use Permit for Teton Terrace November 22, 1995 Page 2 Attachments: FRDO Report KPP-95-04/KCU-95-5 & Attachments Site Plans Minutes to follow under separate cover c w/o att: Michael W. Fraser Thomas, Dean & Hoskins 690 N. Meridian, Ste. 101 Kalispell, MT 59901 ...\KPP94-4.KCU FLATBEAD REGIONAL DEVELOPMENT OFTICE PRELEVIINARY PLAT REPORT #EPP-95-04 CONDITIONAL USE REPORT #KCU-95-05 TETON TERRACE NOVEMMER 61,1995 area. A public hearing has been scheduled before the Kalispell City -County Planning Board for Tuesday, November 14, 1995, in the Council Chambers, City Hall, 312-1st Avenue East. A recommendation will be forwarded to the Kalispell City Council for final action. City of Kalispell 312 lst Avenue East PO Box 1997 .V.firs,efl. MT 59903 The subject property is located approximately 1,000 feet north of Two Mile Drive on thc. west side of Hawthorne Avenue in Kalispell. The property is approximately four (4) acres and has direct access from Hawthorne Avenue. The legal description of the property is Lot 6 of Porta AMENIMUSM" The applicant is requesting approval of a single family subdivision and a conditional use permit to allow the construction of seven buildings utilizing two -unit attached single story design and four buildings utilizing three -unit attached two story design. The proposal is for single family ownership of the townhomes with each property owner owning 1/26 of the common area. The common area includes driveways, landscaping, and a tot -lot play area. The development incorporates a through road (Teton Avenue) with curb, gutter, and sidewalks with 36 foot of improved road surface in a 50 foot right-of-way. In addition, a spur road (Iris Court) extends north from Teton Avenue to the private road of Hawthorne West subdivision where an emergency access gate would be installed. Iris Court would have the same improvements as Teton Avenue. The subject property is currently zoned RA- I and is vacant. To the north is zoned C' RA- I with townhouse residences, to the west is zoned County R- I and is vacant p to the south is zoned duplexes, . townhouse • r ;, Porta Villa #3 is a subdivision creating Lots I thrmgh 6, and was approved in 1977. Lots 1 - 5 have been developed as duplexes. In 1978 and 1979 Hawthorne West 1, H, 4d it tw,#4• . were r • ,:• as amendmentsto Lot . of '• r 1985 Hawthorne West Number IV was approved, another amendment to Lot 6 and additional townhouses. Park Place was approved in 1988 (the last time Lot 6 was amended) and are townhouses. called In December 1994, the City Council approved a subdivision of this property into 19 lots, each of which could be potentially been developed into a duplex. The subdivision is Esperanza. The Master Plan designates this area as High Density Residential. The proposed usitz would be 7. conformance with that designation. The MasterPlan 4 permits a maximum density of 40 units per acre, the proposed development would be developed at 6.2 units The proposed development conforms with the existing zoning once a Conditional Use ":.//.t has i"`4. approved. This reportand findings, if approved, includes •i.i.. of a Conditional Use Permit for this project. ' The proposed subdivision conforms to the Kalispell Subdivision Regulations with the exception of street width. The Regulations would typically require a 60 foot right-of- way, the applicant is proposing a 50 foot right-of-way. 'Teton Avenue was required to be extended to provide access to the property to the west. The property to the west, approximately 17 acres, is currently zoned R-1, but would be expected to be developed at a higher density at some time in the future. There currently exists two (2) accesses from Hawthorne Avenue to this 17 acre property, Yellowstone 11 N 14 M Street and Glacier Street. In addition, this property has approximately 650 foot of frontage directly on Two Mile Drive. Since this 17 acre property has alternative accesses it is recommended that Teton Avenue be permitted to reduce the right-of-way from the normal 60 feet to 50 feet but still required to provide fall improvements including: pavement, curb, gutter, sidewalks behind the curb, and street trees which would be provided behind the sidewalk. Approval of Teton Terrace would supersede any approval for other subdivisions on this property. This would in effect nullify the preliminary plat approval for Esperanza subdivision. R ffi, W 9 A 31 Z The applicant has not submitted covenants with the preliminary plat. This document is being created describing the homeowner's association membership, use and maintenance of the property (including the open space), architectural standards, and the maintenance and ownership of the tot -lot. In addition, it should include the City Council as the approving authority for any amendments (as well as the homeowners association); this because the RA-1 is a multi -family zone and the intent of this development is for single- family, owner occupied dwellings. Maintenance of the driveways and sidewalks would also be outlined in the Covenants since the driveways cross the common area and the sidewalks are in the City right-of- way. The proposed subdivision would have a ftffl range of public utilities and services available, including municipal water and sewer, storm water drainage, garbage collection and fire and police protection, as well as telephone, gas, cable TV, and electricity. SITE EVALUATION Site Suitability a. Adequate Useable Space: The developer proposes sublots ranging in size from 2506 square feet to 2967 square feet. The Zoning Ordinance requires a minimum of 2500 square feet for a sublot. All of the lots meet or are over the minimum required by zone. In addition, 1.8 acres of open space is proposed within the development. No indication of ownership or maintenance of that area has been submitted. This should be done on the face of the final plat and included in the covenants. 3 b. Adeauate Access: Access to each of the lots wiU be by internal public street. 1-he project • • i; have from » + '. a # t Avenueto theproposed Teton Ave. The street will be developed to City standards and wiff include sidewalks. This road is proposed to be developed at a 36-foot width which is considered wide enough for parking on both sides. Mvidual.». • the sublots '.. • • be via the driveways from i " internal roads with the exception of townhouse lots I and 2. Access to those lots would be from Hawthorne Avenue. Lots 24, 25, and 26 would access Iris Court with an extended driveway. C. ironmental Constraints: The property is level, outside of any floodplain, or other known hazard area. a. Buildings: The construction would be seven buildings utilizing two -unit attached # •: story /... • t and • four buildings ui a. • three -unit three-unitattached two story design. T"he proposal is for single family ownership of the townhomes with each property owner owning 1/26 of the common area. The common area includes landscaping and a tot -lot play area. This concept is felt to allow for the best type of ail#": ownership .:1.. the requirements of this type of development, those being affordabletime x•t•' -buyers with limited incomes. The buildings are designed with two bedrooms and a one car garage. Each of the buildings appear to have adequate separation within the project, and are complemented by the landscaping, sidewalk, and circulation plans. b. Parking Scheme: The zoning ordinance requires a minimum of two (2) parking spaces per unit. The project meets this by providing one -car garages with parking for an additional car in front of the garage on the driveway, for a total of two spaces. It should be noted that the parking spot in front of the garage would be partially in the common area. The covenants would need to state that parking is permitted to occur in the common area on the paved driveway surface. Maintenance and replacement of the driveways need to also be included. In addition, with 36 feet of street improvement, additional parking can be provided on the street. C. ODen mace: Buildings would have their own small yards and the open space/common area with an improved tot -lot. d. Fencing/Screening: The applicants are not proposing any fencing or screening other than that provided by landscaping. n W f. Landscgging: The City will plant street trees along the interior roads and Hawthorne Avenue where it abuts this project. The developer is also proposing to install landscaping in the common area and develop the tot -lot with play equipment. 9. Sigme: No signage has been proposed; any signage would comply with tffl- City sign ordinance. I 3. Availability of Public Services/Facilities: I. Schools: The residential project. is within the jurisdiction of School District #5. Upwards to 26 school age children might be associated with the project. At complete buildout, this win have an affect on the already crowded schools of this District, and may provide added impetus to build an additional school in the District. b. Parks and Recreation: The proposed improvements to the tot -lot do not qualify r the dedication of parkland or paying the in -lieu fee. A cash in -lieu of parkland dedication fee of 11 % of the value of the property before improvements would need to be paid at the time of Final Plat. That fee would be 11 % of $140,000 which equals $15,400. C. Police: The Kalispell Police Department can adequately respond to emergency situations at this location. d. Fire Protection: With the extension of the municipal water line additional hydrants can be installed. The Kalispell Fire Department can adequately respo to this area. )I e. Water: City water would be extended into this property. Sufficient capacity exists. f. Sewer: City sewer would be extended into this property. Sufficient capacity exists. 9- Storm Water: A 10 foot drainage easement exists along the 'western boundary of the project. This would be used for storm water conveyance. h. Solid Waste: The City would provide refuse removal. The existing landfill should be able to accommodate the anticipated generation of solid waste from this development. RI &ad U Teton Avenue and his Court sa=t. This road is being proposed as roadway improvement. 4. bmgdiate Neialibgrhood Impact: The residential project will generate up to 260 daily vehicle trips. These trips will proceed to Hawthome Avenue which has adequate capacity to handle this traffic load. h=eased pedesaian traft can also be expected, especially pertaining to school children. The lack of sidewalks in this area will Wcrease vehiculu/pedestrim hazards. The residential use is not likely to create a miisance relative to noise. Similar or mori�; Lind -intensive uses are in the same area. 1"he use is residential in character and will not create a neighborhood problem relativ,; to dust, glare, heat, smoke, fumes, gas, or odors. 5. Immediate Neighborhood Inte&dty: The proposed use is conditionally permitted by the zoning. The project will not be a new use in the area, but a continuation of the existing 1 Z-Us= � ,f. Impact on-EMM Values: The property is located within a Larger area that has been developed in a similar manner. Because of the Master Plan, the proposed use is *predictable", and therefore should not negatively affect property values in the area. IN NMI [a �MmIliago-yantly. 111pragg - The site is within the urbanizing area of Kalispell. The site is not within a designated 100-year floodplain or high fire area. The site is within the Kalispell service area for police, fire, and ambulance. No significant negative effect is expected. 14912:10i; luff"IMUL"J, IN pip ION ME] The site lies within the urbanizing area of Kalispell. it is not in an area designated as winter range and is not considered prime habitat. There are no known rare or endangered species onsite. No significant negative effect is expected. 1:122:10 ILIJ OT111 NO e LIIJ I 11-T-01 Z This site would not pose any known impact on the environment because this property is basically flat; development is connecting to City services so no groundwater contamination should occur. No significant negative effect is expected. R The area is within the urbanizing area of Kalispell. The property had been used for agricultural/pasture types of uses in the past but not recently. Development of this property would connect to City services so no impact of water availability to the farmers should exist. No significant negative impact is expected. The proposed 26-unit project would be located in an RA-1 zone which conditio allows • •_ of - Landscaping will be incorporated throughout. i las pedestrian and vehicular circulation are adequate. Parking issues should not arise result of the adequate roadway improvements. due to the sporadic occurrence of sidewalks 1. the area. 1-. additional # `• win have an affect on school enrollment. The project is neighborhood compatible with regard to such aspectsnoise,dust, It is recommended that the Kalispell City County Planning Board and Zoning Commission adopt this report as Findings of Fact and recommend that the City Council grant the requested Conditional Use Permit and approve the Preliminary Plat of Teton Terrace, subject to the following ••• •i of #• • 1. Development of this property shall be in substantial conformance with the approved Conditional Use Permit site plan and Preliminary Plat. 2. Approval of Teton Terrace supersedes any approval for previous subdivisions at this location. 3. The development shall comply with all subdivision and zoning ordinance requirements. 4. The name of the subdivision on the final plat shall include the information that this is an Amendment of Porta Villa Number 3, Lot 6. 5. The subdivision shall be approved by the State Department of Environmental Quality. 6. The applicant shall install a mailbox location in conformance to a plan approved by the U.S. Postal Service. 7. The developer shall provide a minimum 50-foot right-of-way for Teton Terrace and Iris Court with improvements to allow for parking on both sides, curb, gutter, sidewalks, and 7 street fights in accordance with the Design and Construction Standards adopted by the City. 8. The developer WstaH improvements in the tot -lot as approved by the City's Par] Department Director. * 9. Cash-in-fieu fee of $5,000 be paid to the City for park Land. 10. The Covenants be created describing the homeowner's association membersh4, architectuz-al standards, use and maintenance of the property (open space, driveways, to - lot, etc.), and maintenance of the sidewalks. In addition, it should include the Cit Council as the approving authority for any amendments (as well as the homeownei association). 11. On the face of the final plat indicate gross and net acres for each lot. Net acreage to b the area of the lot as outlined on the plat and gross acreage to include 1/26 of the are contained in the common area indicating it as such for taxation purposes. 12. All utilities shall be installed underground. 13. A storm water drainage plan be submitted to and approved by the City's Public Work Director. 14. Fire hydrants shal.1 be placed in accordance with a plan approved by the City's Fin. Chief 15. The Conditional Use Permit shall terminate with the termination of the preliminary pla if commencement of the project has not begun. Any extension of time granted thi preliminary plat shall extend the conditional use permit. 16. The preliminary plat shall expire three (3) years from the date of Council approval. t one-year extension may be granted by Council; any request for extension mus submitted a minimum of 30 days prior to expiration. \KCU95-05.PP4 M (.. 3v5 22I 31 4 .a ,. S 2 31W 41 � 1 SAGA / I ..I 221 21 t SaN N 3 �J 4 -S .42 1 Ii 20 T t Y I �- _ 3 GLEMW000 ly ' SAP 4, II I- J' s I_ � t 3, ,1 toR 1 5 � .a1Is . a 71 ::8 331 157 ACO., s l i' e T t S a 1 14rRWASURC ►� t _ ! i 4I I r u. oosrT�► a Q Q. NC i ST ''� rrLL,t �1 I BIK. 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