Loading...
3. Resolution 4394 - Tire-Rama - Final PlatAgenda -March 2,1998 AGENDA ITEM 3 -RESOLUTION 4394-TIRE RAMA-FINAL PLAT BACKGROUNDICONSIDERATION: I have enclosed the relevant reports from FRDO and the Planning Board for this final plat request. Upon review of the minutes, findings of fact, and the recommendations of the FRDO staff, you will note that all conditions of approval have been adequately addressed and substantial compliance with the preliminary plat is noted. RECOMMENDATION: Based upon the findings of fact and FRDO's recommendation, I concur with the approval of this final plat. ACTION REQUIRED: A MOTION to approve the final plat is required to complete this project. Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 February 11, 1998 Clarence Krepps, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59901 RE: Final Plat Approval for Tire Rama Subdivision Dear Clarence: Our office has received an application from the Jackola Engineering for final plat approval for the above referenced subdivision. This is a two lot commercial subdivision located on the east side of Highway 93 South and south of First Avenue East in Kalispell. The property is zoned B-2, a General Commercial zoning district with a minimum lot size requirement of 7,000 square feet. The property can be described as Assessor's Tract 5XA located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Our office waived the preliminary plat subject to five conditions on October 24, 1997 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:: 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. Municipal 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 City Council will need to adopt findings of fact for approval found in attached staff report KWP98-1 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. 1. That an approach permit be obtained for the City of Kalispell Public Works Department for the approach onto First Avenue East. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat for Tire Rama Subdivision February 11, 1998 Page 2 • This condition has been adequately addressed. The existing approach onto First Avenue East was reviewed and approved by the Public Works Department during the construction of the Tire Rama building and is adequate to accommodate any activity associated with the development of the second lot on the site. Condition No. 2. That a storm water drainage plan be reviewed and approved by the Kalispell Public Works Department. • This condition has been adequately addressed. The developers of this site have hooked up to the storm water drainage system in the are with the approval of the Kalispell Public Works Department. Condition No. 3. That an additional five beet be added to the utility easement to accommodate existing utilities on the property. • This condition has been met. The easement has been indicated on the final plat in compliance with this condition. Condition No. 4. Obtain a Certificate of Subdivision Approval from the Department of Environmental Quality for water and sewer facilities. • This condition has been met. A letter from MDEQ dated l/ 12/98 states that the subdivision is in compliance with the Sanitation in Subdivisions Act has been met because it is in a master planned area and fulfills the master plan exclusion. Condition No. 5. This waiver of preliminary plat approval is valid for a period of three years and shall expire on October 23, 2000. • This condition has been met. The final plat has been subdivision prior the expiration of the preliminary plat approval. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was review and approved. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial 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 for the B-2, General Commercial district. Final Plat for Tire Rama Subdivision February 11, 1998 Page 3 RECOMMENDATION: All of the conditions of preliminary plat approval have been adequately met. The Flathead Regional Development Office recommends that the Kalispell City County adopt the attached staff report KWP-98-1 as findings of fact and approve the final plat for Tire Rama Subdivision. Please schedule this matter for the next regular City Council of February 17, 1998. You may call me at (406)758-5980 if you have any questions regarding this subdivision. Sincerely, Narda A. Wilson, AICP Senior Planner NW/ Attachments: 1 opaque mylar 1 reproducible mylar 1 blueline Staff Report KWP-98-1 Final plat application Letter from FRDO for pre plat waiver dated 10/24/97 DEQ approval #E.Q. #98-1952 dated l/ 12/98 Title Report from Alliance Title and Escrow Corp. 12/3/97 Treasurers Certification c: Jackola Engineering, 317 First Ave. E., Kalispell, MT 59901 Tire Rama, P.O. Box 23509, Billings, MT 59104-3509 Debbie Gifford, Kalispell City Clerk H: \... \KW98-1 TIRE RAMA SUBDIVISION FINAL PLAT FRDO SUBDIVISION REPORT #KWP-98-1 REVIEW AND FINDINGS OF FACT FEBRUARY 10, 1998 A report to the Kalispell City Council for Findings of Fact for the Tire Rama Subdivision final plat. Preliminary plat approval for this minor subdivision was waived on October 24, 1998, subject to four conditions and compliance with the Kalispell City Subdivision Regulations. BACKGROUND A. Applicant: Technical Assistance: B. Location: 5 10 Tire Rama P.O. Box 23509 Billings, MT 59104-3509 (800)828-1642 Jackola Engineering 317 First Avenue East Kalispell, MT 59901 (406)755-3208 The subdivision is located on the east side of Highway 93 South and south of First Avenue East in Kalispell. The property can be described as Assessor's Tract 5XA located in of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County. Size: Total area: 1.728 acres Lot 1: 0.513 acre Lot 2: 1.215 acres Existing and Adjacent Land Uses: Currently this property has a building for Tire Rama tire service store on proposed Lot 2. Proposed Lot 1 is undeveloped. There is a variety of service and retail uses in the immediate area. E. Zoning: The property is located in a B-2, General Business zoning district which allows a variety of commercial, retail and office uses. This subdivision is in compliance with the zoning with regard to parcel size and use. F. Relation to Master Plan Map: The property is designated as Commercial on the Kalispell City -County Master Plan Map. These lots are in compliance with that master plan designation. G. Utilities: Water and Sewer: Electricity: Telephone: School: Police: Fire Protection: City of Kalispell Pacific Power and Light PTI Communications 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. I;V B. C. 0 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 the significantly impact the service provided by the district. There Kalispell Fire Department has a fire access easement through the property which is indicated on the final plat. Vegetation and topography: The site does not have significant native vegetation. The property is relatively flat and has historically been undeveloped. Effects on Wildlife and Wildlife Habitat: The proposed subdivision is not mapped big game habitat winter range and does not appear to provide habitat to significant wildlife other than some birds and small animals. Effects on the Natural Environment: The subdivision will be served by City of Kalispell water and sewer. No impacts on the natural environment appear to be related to the subdivision of this property. Effects on Local Services: Sewer and Water: The City of Kalispell will provide water and sewer service to the newly created lots. No significant impacts can be 2 anticipated to the City with regard to water and sewer services as a result of the creation this subdivision. Roads: Access to the site is provided directly from Highway 93 South by way of a shared access to the south and direct access from First Avenue East. Both approaches are in place. The existing roadways are adequate to accommodate additional traffic which might be generated from the site as a result of the development of the additional parcel. epartment of Transportation has been obtained for the proposed Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is anticipated to create no additional school - age child for this district since this is a commercial subdivision. Parks: Parkland dedication is not required for commercial 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 is not expected to significant impact 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 is within a highly urban area of Kalispell which has continued to grow commercially. This subdivision will not have an impact on agriculture in the Valley. F. Compliance with Master Plan: The property is designated as Commercial on the Kalispell City County Master Plan map which anticipates a variety of retail, commercial, office, professional services and businesses which require the outdoor display of merchandise. This subdivision is in conformance with the Master Plan. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP 98-1 as findings -of -fact for the proposed subdivision and approve the final plat. Flathead Regional Development Office 723 51h Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-5781 Subdivision Name: Contact Person: FINAL PLAT APPLICATION Tire -Rama Name: Jac}cola Engineering Co. Address: 317 1st Ave. E . Kalispell, MT 59901 Owner: APPLICATION MATFD' n � � JAN q^ s Tire -Rama F. R. D. 0, 11 •d PO Box 23509 Phone No.: 406-755-3208 Billings, MT 59'104--�S09 1-800-828-1642 Date of Preliminary Plat Approval: Waived as per 1 0/24/97 letter, Type Subdivision: Residential — Industrial Commercial x— PUD Other, No. of Lots Proposed: 2 Land in Lots: (ac.) 1.728 Park Land (ac.): Cash -in -lieu: $ Exempt: EXEMPT FILING FEE ATTACHED: $ 420. 00 Note: Minor Subdivision - $200 +10/lot Major Subdivision - $300 + 10/lot Prel. Plat Waived - $400 + 10/lot Not Attached Applicable (MUST CHECK ONE) Health Department Certification (Original) _X . Title Report (Original, not more than 90 days old) -_ Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Sub. Improvements Agreement (attach collateral) X Parkland Cash -in -Lieu (check attached) X Covenants (Original signature provided) X Homeowners By-Laws/Articles of Incorporation (Originals) _ X Plats: 1 opaque cloth back (hard back) 2 mylar copies 3 bluelines 1 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 October 24, 1997 Kristian Jackola Jackola Engineering Co. P.O. Box 1134 Kalispell, MT 59903 RE: Preliminary Plat Approval Waiver for Tire -Rama Subdivision Dear Kris: This letter is in response to your request for waiver of preliminary plat approval for a two lot commercial subdivision for Tire -Rama. The property is located on the southeast corner of Highway 93 and First Avenue East in Kalispell and is zoned B-2, a General Commercial zoning district. The property proposed for subdivision can be described as Assessor's Tract 5XA located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Due to the relatively minor impacts that this subdivision poses, preliminary plat approval is hereby waived as provided for under Section 2.06 of the City of Kalispell Subdivision Regulations subject to the following conditions: 1. That an approach permit be obtained from the City of Kalispell Public Works Department for the approach onto First Avenue East. 2. That a storm water drainage plan be reviewed and approved by the Kalispell Public Works Department. 3. That an additional five feet be added to the utility easement to accommodate existing utilities on the property. 4. Obtain a Certificate of Subdivision Approval from the Department of Environmental Quality for water and sewer facilities. 5. This waiver of preliminary plat approval is valid for three years and shall expire on October 23, 2000. Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that, for final plat approval, all requirements must be met per Section 2.07 and Chapter 3 of the City of Kalispell Subdivision Regulations. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Plat must be signed by all owners of record, the surveyor and examining land surveyor. Attach a letter which lists each condition of preliminary plat approval and individually . state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final application must be submitted no less than 30 days prior to expiration date of preliminary plat. When all final plat materials are submitted to the F.R.D.O. and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the final plat application and' - staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary--rlat rr.av necessitate reconsideration by the Planning Board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will be not accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for F.R.D.O. staff to be present on the property for routine monitoring and inspec son during the approval and development process. PA��S�c�2�r,2Y �F 2 Owner(s) Signature Revised 10/30/97Is l Z/3Iq 7 Date 2 Tire -Rama Preliminary Plat Waiver October 2, 1997 Page 2 2 We are returning the preliminary plat application and application fees with this letter which you previously submitted to our office. If you have any questions regarding this matter, please call Narda Wilson at this office. Sincerely, Thomas R. , Plannin g Di TRJ/NW H:\FRDO\LETTERS\WArVEPP\1997\IIRERAMA