2. Resolution 4970 - Final Plat - Lacie SubdivisionTri-City Planning Office
17 Second Street East Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Jaynes l 1. Patrick, City Manager
SUBJECT: Final Plat Approval for Lacie Subdivision
MEETING DATE, January 3, 2005
BACKGROUND: This is residential subdivision that creates two sublots intended for a
two unit townhouse and a lot where an existing single family dwelling is located.
Preliminary plat approval for this subdivision was waived on July 14, 2004 subject to
five conditions. This property is located on the west side of Fifth Avenue West, north
of Sunnyside Drive. The property is zoned R-4, Two Family Residential.
The existing lot contains approximately 0.48 of an acre or 20,202 square feet. The
property address is 1440 Fifth Avenue West and can be described as Assessor's Tract
8TC located in Section 18, Township 28 North, Range 21 West, P.M.M, Flathead
County, Montana.
Currently this property is developed with a single family dwelling on proposed Lot 1 at
the north end of the property. This area is generally single family residential in
character with some two unit townhouses and older mobile homes that have been
transitioning out as land becomes more valuable in the area. The R-4 zoning for the
property allows single family dwellings and duplex dwellings as permitted uses. The
minimum lot size requirement in the R-4 zone is 6,000 square feet and the minimum
lot width is 50 feet. The two unit townhouses are proposed on sublots that are
required to have at least 2,500 square feet. All the lots in the subdivision comply with
the zoning for the property.
Our office waived the preliminary plat on July 14, 2004 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.
Findings of fact for approval of the plat are found in attached staff report KWP-04-7
which review the conditions of approval and a how they have been met.
RECOMMENDATION: Approval of the final plat would be appropriate.
FISCAL EFFECTS: Potentially minor positive effects.
ALTERNATIVES: As suggested by the city council.
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls •
Final Plat for Lacie Subdivision
December 28, 2004
Page 2
Respectfully submitted
Narda A. Wilson
Senior Planner
Report compiled: December 28, 2004
c: Theresa White, Kalispell City Clerk
es H. Patrick
City Manager
attachments: Transmittal letter and application
Staff report KWP-04-7
Plats
H:\REPORTS\... \KWP04-7.DOC
RESOLUTION NO.4970
A RESOLUTION APPROVING THE FINAL PLAT OF LACIE SUBDIVISION,
DESCRIBED AS ASSESSOR'S TRACT STC, LOCATED IN SECTION 18, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Montana Rental, LLC, the owner of certain real property described above, has
petitioned for approval of the final Subdivision Plat of said property, and
WHEREAS, preliminary plat approval for this minor subdivision was waived on July 14, 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 Tri-City Planning Office has reviewed the proposed subdivision and made a
report (KWP-04-7) 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 Tri-City Planning Office Report
#KWP-04-7 are hereby adopted as the Findings of Fact of the City Council,
SECTIONTT. That the application of Montana Rental, LLC, for final plat approval ofLacie
Subdivision in Section 18, 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 3RD DAY OF JANUARY, 2005.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
Tri-City Planing Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
December 28, 2004
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
RE: Final Plat Approval for Lacie Subdivision
Dear Jim:
Our office has received an application for final plat approval from local, surveyor Rick
Breckenridge on behalf of Montana Rentals LLC, for a residential subdivision that
contains two sublots intended for a two unit townhouse and a lot where an existing
single family dwelling is located. Preliminary plat approval for this subdivision was
waived on July 14, 2004 subject to five conditions. This property is located on the
west side of Fifth Avenue West, north of Sunnyside Drive. The property is zoned R-4,
Two Family Residential.
The existing lot contains approximately 0.48 of an acre or 20,202 square feet. The
property address is 1440 Fifth Avenue West and can be described as Assessor's Tract
8TC located in Section 18, Township 28 North, Range 21 West, P.M.M, Flathead
County, Montana.
Currently this property is developed with a single family dwelling on proposed Lot 1 at
the north end of the property. This area is generally single family residential in
character with some two unit townhouses and older mobile homes that have been
transitioning out as land becomes more valuable in the area. The R-4 zoning for the
property allows single family dwellings and duplex dwellings as permitted uses. The
minimum lot size requirement in the R-4 zone is 6,000 square feet and the minimum
lot width is 50 feet. The two unit townhouses are proposed on sublots that are
required to have at least 2,500 square feet. All the lots in the subdivision comply with
the zoning for the property.
Our office waived the preliminary plat on July 14, 2004 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:
Providing Community Planning Assistance To:
City of Kalispell - City of Whitefish - City of Columbia Falls -
Final Plat for Lacie Subdivision
December 28, 2004
Page 2
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. 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-04-7 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 OF APPROVAL
Condition No. I. 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 substantially
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 Fifth
Avenue West and Sunnyside Drive 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 dated October 15, 2004
certifying the subdivision will be connected to municipal facilities.
Condition No. 4. The newly created lots comply with the standards of the R-4
zoning district.
• This condition has been met. The lots comply with the zoning and development
standards of the R-4 district.
Condition No. 5. This waiver of preliminary plat approval is valid for three years
and shall expire on July 14, 2007.
2
Final Plat for Lacie Subdivision
December 28, 2004
Page 3
This condition has been met. The final plat was submitted prior to expiration of
the waiver.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
reviewed and approved.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in 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 assigned to the
property.
RECOMMENDATION:
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-04-7 as findings of fact and approve the final plat for Lacie Subdivision. Please
schedule this matter for the next regular city council meeting of January 3, 2005.
You may call me at (406) 751-1852 if you have any questions regarding this
subdivision.
Sincerely,
Narda A. Wilson, AICP
Senior Planner
NW/
Attachments: Vicinity map
1 opaque inylar
1 reproducible rnylar
l paper copy
Staff Report KWP-04-7
Final plat application received 11 / 22 / 04
Letter from TCPO for pre plat waiver dated 7/ 14/04
DEQ approval #E.Q. #OS-1641 dated 10/ 15/04
Treasurers Certification dated 11/ 19/04
3
Final Plat for Lacie Subdivision
December 28, 2004
Page 4
Title Report from Stewart Title dated 9/20/04
Consent to Plat from Whitefish Credit Union dated 10/20/04
Copy of final plat of lots
C: Rick Breckenridge, 1405 Hwy 2 West, Kalispell, MT 59901
Montana Rentals, LLC; P.O. Box 7505, Kalispell, MT 59903
Theresa White, Kalispell City Clerk
H: \FRDO\REPORTS\KALISPEL\KWP\04\KWP-04-7 1tr.DOC
LACIE SUBDIVISION
TRI-CITY PLANNING OFFICE
STAFF REPORT KWP-04-7
REVIEW AND FINDINGS OF FACT
DECEMBER 28, 2004
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 July
14, 2004 subject to five conditions.
BACKGROUND: This is a residential subdivision that creates two sublots for a two
unit townhouse and another lot to accommodate the existing single family residence
for a total of three lots. The existing single family residence will remain.
A. Applicant: Montana Rental, LLC
Michael Blend
P.Q. Box 7505
Kalispell, MT 59903
Technical Assistance: Rick Breckenridge
1405 Hwy 2 West
Kalispell, MT 59901
(406) 755-3208
B. Location: The property is located on the west side of Fifth Avenue West, north
of Sunnyside Drive. The property address is 1440 Fifth Avenue West and can
be described as Assessor's Tract 8TC located in Section 18, Township 28 North,
Range 21 West, P.M.M, Flathead County, Montana, Flathead County.
C. Size:
Total area: 0.48 acre (20,909 square feet)
Lot 1:
10,454 square feet
Lot 2A:
5,227 square feet
Lot 2B:
5,227 square feet
D. Existing and Adjacent Land Uses: Currently this property is developed with a
single family dwelling on proposed Lot 1 that will be conveyed separately as a
result of this subdivision. The area is a mix of single family dwellings, two unit
townhouses and some older mobile homes that have been transitioning out.
E. Zoning: The property is zoned R-4, Two Family Residential. This zoning
district has a minimum lot width requirement of 50 feet and a minimum lot
size requirement of 6,000 square feet. The proposed lots are in compliance
with the zoning.
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
REVIEW AND FINDINGS OF FACT
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 east.
Vegetation and topography: The property is relatively level and has some
limited mature vegetation - some that will likely remain.
B. 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.
Access and Roads: Access to the site can be obtained directly from Fifth
Avenue West. 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, this city council
2
required the waiver to protest the creation of an SID to improve the roadway at
some point in the future when the conditional use permit was granted. The
additional lots will be developed with a two unit townhouse. 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.
G. Compliance with the Kalispell Zoning Ordinance: This subdivision complies
with the minimum lot size and lot width requirements of the R-4, Two 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.
RECOMMENDATION
Staff recommends that the Kalispell City Council adopt Staff Report KWP-04-7 as
findings -of fact for the proposed subdivision and approve the final plat.
H:\FRDO\REPORTS\KALISPEL\KWP\04\KWP-04-7 LACIE SUB.DOC
nw
4
Tri-City Planning Office
17 Second Street East -Suite 211
Kalispell, Montana 59901
July 14, 2004
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
This letter is in response to your request for waiver of preliminary plat approval for a
two lot subdivision located on the west side of Fifth Avenue West in Kalispell. There is
currently a dwelling on the property that will be removed for the purpose of
constructing duplexes on the newly created lots. This property is zoned R-4, Two
Family Residential. The R-4 district has a minimum lot size requirement of 6,000
square feet and a minimum lot width of 50 feet. The setbacks in this district are 15
feet in the front, 10 feet in the rear, five feet on the sides and 15 feet on a side corner.
The property can be described as Assessors Tract STC and is located in Section 18,
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 thfP lots have
legal aiad physical. access tc the siibdi viion regulations, (4) each lot has a
suitable building site and :.here are no :;ivircanr c,.-!+z laz d�7 present; (5) municipal
sewer and water are adequate and in place; (6) haL 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.
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 Fifth Avenue Nest and
Sunnyside Drive to City standards.
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish •
Montana Department of
10
JCj ■ M®NENTAL
.iudv Martz, rnvQrnnr
P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us
October 15, 2004
Montana Mapping Associates
Rick Breckenridge
1405 Hwy 2 West
Kalispell MT 59901
Dear Mr Breckenridge:
RE: Lacie Subdivision
Municipal Facilities Exclusion
EQ4�05-1641
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. 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.
This file has been mailed to the Public Water Supply Section, Kalispell Office for their review.
Sincerely,
4anet Skaarland
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 — email jskaarland@state.mt.us
cc: City Engineer
County Sanitarian
file
Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Kemediation Division
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