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5. Resolution 4513 - Preliminary Plat - CHM Financial ParkFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 REPORT TO: FROM: SUBJECT MEETING DATE: Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Preliminary Plat Approval for CHM Financial Park Subdivision October 4, 1999 BACKGROUND: This is a request for preliminary plat approval of a five lot commercial subdivision west of Gateway West Mall. One of the lots, Lot 1, contains an existing office building commonly known as the Crop -Hail Building. The total acreage within the subdivision is 11.31 acres with 9.99 acres devoted to lots and 1.32 acres devoted to roads. Lot size range from 1.00 to 4.06 in size. A portion of the infrastructure to the site has been completed. This is a minor subdivision because it contains five or few lots and as such does not require a public hearing before the planning board or notice to adjoining property owners. RECOMMENDATION: A motion to approve the preliminary plat subject to the recommended conditions of approval would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: September 28, 1999 Attachments: Staff report KSR-99-3 and application materials Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • RESOLUTION NO. 4513 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF CHM c FINANCIAL PARK SUBDIVISION, LOCATED SOUTH OF TWO MILE DRIVE AND WEST OF GATEWAY WEST MALL, AND AS MORE PARTICULARLY DESCRIBED AS THE RESUBDIVISION OF THE AMENDED PLAT OF GATEWAY WEST ADDITION #34. WHEREAS, E.H. Direct, in care of Marquardt Surveying, 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 Flathead Regional Development Office has reviewed the proposed subdivision and made a report (#KSR 99-3) 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 4, 1999, reviewed the FRDO Report #KSR 99-3, 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 I. That the Findings of Fact contained in Flathead Regional Development Office Report #KSR 99-3, are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of E.H. Direct, in care of Marquardt Surveying, the owner of certain real property described above, is hereby approved subject to the following conditions: 1. That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots and accesses. 2. That all improvements for the subdivision shall be designed and constructed in compliance with the City of Kalispell's Design and Construction Standards for local chm financial park.wpd 1 streets which shall include a minimum 24 foot wide paved roadway, curb, gutter, sidewalk and a landscape boulevard for the full length of Financial Drive from its beginning at Two Mile Drive to its terminus connecting with Cooper Lane. Certification from an engineer licensed in the State of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly. 3. That approval of the water and sewer facilities for the subdivision shall be obtained from the Montana Department of Environmental Quality. 4. That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications for all improvements including sewer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been constructed accordingly. 5. That a letter from the Kalispell Public Works Department shall be obtained which states that a storm water drainage plan which addresses storm water management has been reviewed and approved. 6. That the 100 year floodplain and Spring Creek drainage be indicated on the face of the final plat. 7. That a mail facility be located for the subdivision and be approved by the local postmaster. 8. That the number and location of fire hydrants within the subdivision be reviewed and approved by the City of Kalispell Fire Department for compliance with the Uniform Fire Code. 9. That any areas disturbed during construction be revegetated with a weed -free mix in accordance with a plan approved by the Kalispell Parks and Recreation Department. SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. chm financial park.wpd 2 SECTION IV. That this preliminary plat should be effective for three (3) years following passage of this Resolution. SECTION V. 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 4TH DAY OF OCTOBER, 1999. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk chm financial park.wpd 3 CHM FINANCIAL PARK SUBDIVISION FLATHEAD REGIONAL DEVELOPRiENT OFFICE SUBDIVISION REPORT #KSR-99-3 SEPT ER 28, 1999 A report to the Kalispell City Council regarding a request for preliminary plat approval of a five lot commercial subdivision west of Gateway West Mall zoned B-3, Community Business. BACKGROUND A. Owner/Applicant: E.H. Direct, Inc. C/o Marquardt Surveying 285 First Avenue E.N. Kalispell, MT 59901 406)755-6285 Technical Assistance: Marquardt Surveying 285 First Avenue E.N. Kalispell, MT 59901 (406)755-6285 B. Location: The property proposed for subdivision is located south of Two Mile Drive and West of the Gateway West Mall in the west part of Kalispell. The property can be described as the Resubdivision of the Amended Plat of Gateway West Addition #34 located in Section 12, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Size: Total area: 11.31 acres Lot 1: 2.80 acres Lot 2: 1.00 acres Lot 3: 1.07 acres Lot 4: 1.06 acres Lot 5: 4.06 acres Roads: 1.32 acres D. Nature of the Request: This subdivision contains an existing vacant office building commonly know as the Crop -Hail Building located on proposed Lot 1 which contains 2.80 acres. Access will be gained from an existing roadway known as Financial Drive. Currently this functions as a private driveway which serves this property and the Gateway West Mall. Once this subdivision has been completed the roadway will be extended to the west to connect with Cooper Lane which will be upgraded to City standards and dedicated to the City of Kalispell. E.Zoning: The zoning for this property is zoned B-3, a Community Business District. This district has a 7,000 square feet minimum lot size requirement and the minimum lot width is 70 feet. All of the lots within the proposed subdivision exceed this minimum lot size and lot area. F. Eidsting Land Use: This property can be considered to be essentially undeveloped with the exception of the aforementioned existing office building which is located on proposed Lot 1 and the southeast corner of the site. G. Surrounding Zoning and Land Uses Zoning: The area is a mix of residential to the west and commercial to the east. North: Multi family dwellings, RA-1 zoning South: Gateway Cinema, B-3 zoning East: Gateway West Mall, B-3 zoning West: Multi -family dwellings, RA-1 zoning H. Relation to Master Ilan Map: This property lies within the Kalispell City - County Planning jurisdiction and is designated on the master plan land use map as commercial. Within the plan itself this property is identified as part of the commercial core of Kalispell. This subdivision is in compliance with the master plan for the area. I. Utilities: Water: City of Kalispell Sewer: City of Kalispell Electricity: Flathead Electric Cooperative (underground) Telephone: CenturyTel (underground) Solid Waste: City of Kalispell Fire: City of Kalispell Schools: School District #5, Edgerton School Police. City of Kalispell _ r ,, `r .iW This application is reviewed as a minor subdivision in accordance with State statutory review criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: The risk of fire in this subdivision can be considered generally low because this is an urban area, has good access, will have fire hydrants located within the subdivision and the types of uses proposed for the site do not present any significant threat of fire. Toporaphy: The topography of the site is generally site will give adequate consideration of drainage and areas which will provide some on -site retention and level. Development of the vegetation of the setback absorption areas. Storm sewer improvements may be necessary as part of obtaining final plat approval of this subdivision. Roads and Access: Primary access to the lots within the subdivision will be from a proposed interior roadway constructed to City standards that will be known as Financial Drive. A portion of this roadway currently exists from Two Mile Drive to the subdivision, but will need to be upgraded to City standards. The roadway will turn west at a 90 degree angle and connect with an existing City street, Copper Lane. Once developed this road will be dedicated to the City and taken over as a City street. Access to all of the lots will be from this newly constructed portion of Financial Drive. Access to all of the lots and to the subdivision will be good once the roadway has been constructed. Access to the subdivision from Two Mile Drive is good with regard to sight distance and general access. A variance will be required to the first 80 feet of Financial Drive because this portion of the roadway right-of-way is only 40 feet wide. The remaining 890 feet of the roadway right-of-way complies with the 60 foot standards. Discussion of the variance requirement will be addressed later in this report. Minimal impacts to wildlife and wildlife habitat can be anticipated as a result of this subdivision. The properties lie within a developed urban area of Kalispell C. Effects on the Natural Environment: The southern portion of proposed Lot S, a 4.06 acre lot, is located within the 100 year floodplain and a portion of Spring Creek runs along its southern boundary. Additionally, a portion of this site has traditionally been used for storm water detention from Gateway West Mall. A note should be placed on the face of the final plat that notes the 100 year floodplain boundaries. D. Effects on Local Services: Sewer: This property will be served by the City of Kalispell sewer which has been extended to the site to serve the development on proposed Lot 1. Additional service to the remaining lots will have to be designed and constructed in accordance with the design specifications of the City of Kalispell. Adequate capacity exists within the Kalispell sewage treatment system to accommodate the additional needs created by this subdivision. Water: City water currently serves a portion of this subdivision. Additionally water facilities will be needed in order to supply services to the remaining lots and to provide adequate fire flows for an additional hydrant if needed. The new facilities will be required to be reviewed and approved by the Kalispell Public Works Department and the Fire Department. 3 Schools: This subdivision is within the boundaries of School District #5, however, no impacts to the school system can be anticipated as a result of this development because of its commercial nature. Parks: There are no developed City parks in the immediate area. However, there are no City parks in close proximity. Impacts to the park system will be limited. Parkland dedication is not required for commercial subdivisions. Police Protection: The site will be served by the Kalispell Police Department. There would be limited impacts on the police department and adequate service can be provided. However, as the City grows there are cumulative impacts on the department which need to be considered. Fire Protection: This property will be served by the City of Kalispell Fire Department. Fire hydrants will likely be needed to be placed within the subdivision as part of the subdivision approval process. The department will be able to adequately service this development, however, there a have been cumulative effects on the department as a result of the commercial and residential development in the city. Refuse Disposal: Once the property is developed, the City of Kalispell will provide solid waste disposal to the site. Adequate space at the County landfill is available for the solid waste which will be generated by the subdivision. Medical Services: Kalispell Regional Hospital is approximately two miles from the site. Kalispell ambulance service as well as ALERT are able to provide service to this area. Access to the site will be good once the internal street is developed. E. Effects on Agriculture and Agricultural Water Users Facilities: Commercial development is anticipated in this area. Because this is in an established and growing urban area, no impacts to agriculture or agricultural water users facility are anticipated as a result of this subdivision. Some limited agricultural use of this property has traditionally taken place, but not for several years. F. Compliance with Master Plan The Kalispell City -County Master Plan Map designates this area as Commercial and it is anticipated that this area will develop to service a broad sector of the community and provide an area for a variety of retail and commercial uses. The proposed subdivision complies with this land use designation. G. Compliance with Zoning Regulations This property is currently zoned, B-3, a Community Business, zoning district. The proposed subdivision complies with this dimensional requirements of the B- 3 zoning for newly created lots. This district provides for a broad range of commercial uses including professional offices, retail and restaurants to name just a few. This subdivision complies with the Kalispell Zoning Ordinance both in the development standards and the uses intended for the site. H. Compliance with the Subdivision Regulations This subdivision will require a variance to the minimum right-of-way requirements for the first 80 feet of the proposed roadway, Financial Drive, as required under Section 3.09, Table-1 of the Kalispell Subdivision Regulations. This roadway is proposed to have a 40 foot right-of-way rather than the required 60 foot right of way for the first 80 feet of the approximately 970 feet of north j south section of this road. The Kalispell Subdivision Regulations provide for the granting of variances subject to the adoption of findings outlined under Section 7.01(A) and finding made that the following criteria are met, each of which is discussed below. 1. The granting of the variance will not be detrimental to public health, safety or general welfare or injurious to other adjoining properties. The minimal variance will not result in a situation where the public health and safety of the public is compromised nor will it prohibit the developer from constructing the necessary improvements to City standards. 2. The conditions on which the variance is based are unique to the property on which the variance is sought and are not applicable generally to other property. The developer does not have control of the northern 80 feet of the roadway because the property adjoining this to the east is owned by another individual. The full _60 foot right-of-way will be provided for the remaining section of the roadway. This situation is not common to most subdivisions. 3. Because of the particular physical surroundings, shape or topographical conditions of the specific property, a particular hardship would result as distinguished by a mere inconvenience if the strict letter of the regulations were enforced. The developer has approached the current property owner to the east to acquire additional right-of-way but has failed to accomplish the necessary acquisition. It would be unreasonable not to allow this subdivision because of this minor deficiency in the required right-of-way standards. 5 4. The variance will not cause a substantial increase in public costs. The road will be owned and maintained by the City of Kalispell once this development has been approved and recorded. No adverse conditions should result from granting this variance to allow a reduction in right-of- way width for this short section of the roadway. 5. The variance will not, in any manner, vary the provisions of any adopted zoning regulations or master plan. The proposed variance will not affect the Kalispell Zoning Regulations or the development standards of the B-3 zoning district in which this property is located. All of the lots will front along a roadway that meets the required right-of-way standards and will have adequate access from a fully developed City street. Recommendation for the Variance to the Subdivision Regulations: Staff recommends that, based upon the above findings, that the request to allow the reduction in right-of-way from 60 feet to 40 feet be granted for the first 80 feet of the northern section of Financial Drive. i MIWIPYAOCONII The Flathead Regional Development Office would recommend that Kalispell City Council adopt the Staff Report #KSR 99-3 as findings of fact and grant preliminary plat approval for this subdivision subject to the following conditions: 1. That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots and accesses. 2. That all improvements for the subdivision shall be designed and constructed in compliance with the City of Kalispell's Design and Construction Standards for local streets which shall include a minimum 24 foot wide paved roadway, curb, gutter, sidewalk and a landscape boulevard for the full length of Financial Drive from its beginning at Two Mile Drive to its terminus connecting with Cooper Lane. Certification from an engineer licensed in the state of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly. 3. That approval of the water and sewer facilities for the subdivision shall be obtained from the Montana Department of Environmental Quality. 4. That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications all improvements including sewer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage 6 systems have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been constructed accordingly. 5. A letter from the Kalispell Public Works Department shall be obtained which states that a storm water drainage plan which addresses storm water management has been reviewed and approved. 6. That the 100 year floodplain and Spring Creek drainage be indicated on the face of the final plat. 7. That a common mail facility be located for the subdivision and be approved by the local postmaster. 8. That the number and location of fire hydrants within the subdivision be reviewed and approved by the City of Kalispell Fire Department for compliance with the Uniform Fire Code. 9. That any areas disturbed during construction be revegetated with a weed -free mix in accordance with a plan approved by the Kalispell Parks and Recreation Department. 10. That the preliminary plat shall be valid for a period of three years from the date of approval. H: \... \98\KSR99-3 7 ww 2 1 2 3 4 CF 2LC 2MD =s = �i 4 3 1 2LB 7 a 4 - Rm1 mat a ACD. 58 8K V" VY -K X _ sH 5c sF 5E B-1 5CD KAL:SPLLL C4TENAy -_ ................... _-__________ _________ °'J �-3 L.2 OF THE x ,5MD PLAT Subjcct P CF ------------- Ay `_ > = as ====sue`=== =_ _ - ' -- - -s _-_---- -_---: zff E _Bm3 ------------- 2cc 2CF 2CCA 2 1 11 \ i>, L' a , 7AD . J 7 D — & ?FA 9 7 1 C?SO�t ADD 4' COCtiA`� JD:R +� c �� ADD. 152 S, LEY 11 ADD. �� 4 A QPG`C . #42 ADD Y41 �Y 2 �a r aA\ 1-0 7A 2 1 3 VInINTlYMAP C H M FINANCIAL PARK REQUEST FOR PRELIMINARY PLAT APPROVAL FOR A 5 LOT COMMERCIAL MINOR SUBDIVISION B-3, COMMUNITY BUSINESS KALISPELL ZONING DISTRICT FILE ## KSR-99-3 SCALE 1" = 350' $\,&\mfts\=M—'.ftm Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 September 2, 1999 Re: CHM Financial Park Subdivision Preliminary Plat Our office has received a request for preliminary plat approval of CHM Financial Park Subdivision, a five -lot commercial subdivision located west of Kalispell off of US Highway 2 West in an area zoned B-3, Community Business. The subdivision contains 11.31 acres with lot sizes ranging from 1.0 acres to 4.06 acres feet. This is the property where the Crop Hale building is located. A copy of the application is attached for your review. If you have any comments on the proposal, please submit them to me by September 14, 1999, in writing or by phone so that they can be incorporated into the staff report. If you have any questions, feel free to call me. Sincerely, Narda Wilson Senior Planner le �. Attachments: Application Reduced Preliminary plat H:\FRDO\AGREFS\99\KSR99-3 Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Send to: Dick Seddon, Kalispell Fire Department Jim Hansz, Kalispell Public Works Jim Ammerman, Kalispell Public Works P J Sorenson, Kalispell Zoning Administrator Chris Kukulski, City Manager Mike Baker, Parks 8s Recreation Department Frank Garner, Police Chief Glen Neier, City Attorney Craig Kerzman, Building Official APPLICATION FOR MINOR SUBDIVISION PRELEMEINARY PLAT APPROVAL This application shall be submitted, along with all information required by the applicable Subdivision Regulations and the Montana Subdivision and Platting Act, and the . appropriate fee to: Flathead Regional Development Office, 723 Fifth Avenue East, Room 414 Kalispell, Montana 59901 - P iS-'$§8FT l= (406)758-5781 FEE scgEDVLE: - AUG 3 4 i999/S Minor Subdivision...................:.........................4... 250 + .Ie/lot (5 or fewer lots) Condominiums..................................................250 + 10/unit (5 or fewer lots - land is not su s Mobile Home Parks & Campgrounds ...........................$250 + 10/space (5 or fewer spaces - land is not su"udivided) Amended Preliminary Plat..........................................$200 SUBDIVISION NAME: K-7 ZZ OWNERS) OF RECORD: Name 1..r... Phone_ Mailing City/ State 8s Address-Qo Y,^ ao, _ Zip TECBMCAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name & Address Name & Address Name & Address /�% Z4L 5x t/ 'Oyl ' Jrg g6 LEGAL DISC ION OF PROPERTY: City/County—& . Oty Zcrr � 4era-Ir000 s-r7I ` Street Address G4� T Assessor's Tract No.(s) Lot No.(s ) 1 /4 Section S E I Z- Township Z, N Range GENERAL DESCRIPTION OF SUBDIVISION: yC:'/C2 Number of Lots or Rental Spaces .!q' Total Acreage in Subdivision 3 Total Acreage in Lots 9 , 'qC1 Minimum Size of Lots or Spaces / • CEO Total Acreage in Streets or Roads 1,3& Maximum Size of Lots or Spaces Q Total Acreage in Parks, Open Spaces and/or Common Areas AION6 PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other APPLICABLE ZONING DESIGNATION & DISTRICT A 1 3 ESTIMATE OF BLUU T VALUE BEFORE IMPROVEMENTS 41 ly !� '1' ' • [� •3A2zT*1#j1• 10 Roads: Gravel Paved Curb Gutter --Sidewalks Alleys __Other Water System: Individual Multiple User Neighborhood Public Other Sewer System: Individual Multiple User Neighborhood Public Other Other Utilities: Cable TV Telephone ilc Electric Gas Other Solid Waste: Home Pick Up Central Storage Contract Hauler Owz,er Haul Mail Delivery: Central Individual School District: Fire Protection: Hydrants Tanker Recharge Fire District: Drainage System: ST"ORrm. _t7 ►2 A-t ntS PROPOSED EROSION/SEDIMENTATION CONTROL: VARIANCES: ARE ANY VARIANCES REQUESTED?- (yes/no) If yes, please complete the information below: SECTION/REGULATION OF REGULATIONS CREATING HARDSHIP: 3a, or PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS• YA 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? 2. Will the variance cause a substantial increase in public costs? A00 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations or Master Plan? 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? S. What other conditions are unique to this property that create the need for a 1 .; in � .fir 3 APPLICATION CONTENTS: The subdivider shall submit a complete application addressing items below to the FRDO Office at least thirty (30) days prior to the date of the meeting at which it will be heard. 1. Preliminary plat application. 2. 6 copies of the preliminary plat. 3. One reproducible set of supplemental information. (See Appendix A - Flathead County Subdivision Regulations) 4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size. 5. Application fee I herebv certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, 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 infor=ation or representation submitted in connection with this application be untrze, I understand that any approval based thereon may be rescinded, and other apuropriate action taken. The siQriing of this application signifies approval for the F.R.D.O. staff to be present on the proper,_,-- for routine i*orstoring and inspection during the approval and development prp�ess. � Re�,zsed 10/30 /97 is a baJ b� A. A. g v4 Q,n'g�c I=c- £�a NFi7p r ? B v N 0