Loading...
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 a s INC FINAL SUBDI V1,91ON Pam] iof ' LACfE SUBDI VISION otavawvm*v&, P.L& 591//4 SE 114 Secllon /B, 7. 26 Al, R. 2/ W_ Principal Meridian Flelheod County, Monlonc Ate. ro a ro sa 30 �afrf/vnil evma.rr rA ba riribh //Am rM raced, rilAfr v/ M y. e///�� rA/rtlRr! W w )Ar ihrrivra. .]�Q�e �// — /Ll r rs rhvb' ba rI(rMQ warryravrstl ' yhl fb prlrrrl Io !hr crlalirn of a SIa to !M lulus o/ 3lA Arr. lrrlr and S ysrw Orirr /o Ci � +Iarsdutlr s ana Renfcls L L C 2004 iIi 1 /Fin A/ 1 7M tilt' awed a/ 1M Lily xretl fbr r�Oc/.iswn Pj !f, aatl ArrMy ocnyle /hr s, y/a! er briny tlriaceird >a r� >j. C£.B EfICk T£ 0£ C17r A Z n I: rrrr.-� 1ea+/Aar• r+bn�ra brlasard MlNa b/rwm dra. b1 G kClC SWlXY/i/Ph; n !� Lard roncref y/ Oa1yd /., Ma ,,,,.,,,,,", 0, dad of fS164CAWj&ENAd.r FILE # KWTLD - 04 - PLOT BATE: O H:\gis\site\kwp04-7.dwg