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Preliminary Plat for Amended Plat Lot 3 - December 6, 2004Tri-City Planning Office 17 Second Street East —Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Preliminary Plat Approval for Amended Plat of Lot 3, Daley Field MEETING DATE: December 6, 2004 BACKGROUND: This is a request by Murcon Development for preliminary plat approval of a seven lot commercial subdivision on approximately 7.4 acres on the west side of Highway 93 across from Kelly Road. The property is zoned B-2, a General Business zoning district that allows for a wide variety of commercial uses. Daley Field Subdivision was created by the City of Kalispell in conjunction with the Airport Urban Renewal District and the balffields that were previously located on the site were moved to the Kalispell Youth Athletic Complex on Four Mile Drive. The proposed subdivision would create a new intersection with Kelly Road and that the reconstruction of Hwy 93 did not currently include a traffic light at Kelly Road. An internal access road would serve the subdivision and that a variance to the roadway standards would be required to allow for the internal lots to access along this private roadway. MDOT has done some work at the intersection of Kelly Road, Hwy 93 and this property with the recent reconstruction of the highway. Improvement to the intersection would be required to be evaluated and approved by the State. The Kalispell Planning Board met on November 9, 2004 and held a public hearing on the proposal. At the public hearing John Schwarz with Schwarz Engineering represented the applicant and said that MDOT was aware of their desire for a light at this intersection and they believe the traffic meets the warrants. Furthermore, he stated that the City of Kalispell agreed to assist pursing a light at this intersection as part of the buy -sell agreement with the property owner. Additionally, the buy -sell agreed that the City would accept the stormwater from the site. He noted they would attempt to work with Rosauer's grocery store to the north to extend the access road to connect to the Rosauers parking lot. The staff recommended approval of the variance and the preliminary plat subject to the conditions outlined in the staff report. After the public hearing the board discussed the frontage road concept. A motion was made to approve the preliminary plat subject to the recommended conditions which passed unanimously. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Fallse Amended Plat of Lot 3 of Daley Field November 23, 2004 Page 2 RECOMMENDATION: A motion to approve the preliminary plat subject to the recommended conditions would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Narda A. Wilson Senior Planner Minor positive impacts once fully developed. As suggested by the city council. Report compiled: November 23, 2004 c: Theresa White, Kalispell City Clerk James H. Patrick City Manager Attachments: Transmittal letter and conditions of approval Staff report KPP-04-12 and application materials Draft minutes from 11 / 9 / 04 planning board meeting TRANSMIT\ KALISPEL\ 2003 \ KPP4-12.MEMO A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF LOT 3 OF DALEY FIELD SUBDIVISION, MORE PARTICULARLY DESCRIBED AS THE AMENDED PLAT OF LOT 3 OF DALEY FIELD SUBDIVISION LOCATED IN SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Murcon Development, Inc., the owner of the certain real property described above has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on November 9, 2004, on the proposal and reviewed Subdivision Report #KPP-04-12 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Lot 3 of Daley Field Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of December 65 2004, reviewed the Tri-City Planning Office Report #KPP-04-12, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, 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 Tri-City Planning Office Report #KPP-04-12 are hereby adopted as the Findings of Fact of the City Council. SECTION 11. That the application of Murcon Development for approval of the Preliminary Plat of Lot 3 of Daley Field Subdivision, Kalispell, Flathead County, Montana 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 a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications and all public infrastructure improvements have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been reviewed and approved for compliance with those standards. 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. An approach permit shall be obtained from the Montana Department of Transportation for the creation of the intersection at Kelly Road and Hwy 93 and that any needed improvements be accomplished prior to the submittal of the final plat after being reviewed and approved by the MDOT. 4. That a common mail facility be located for the subdivision and be approved by the local postmaster. 5. The privately owned and maintained roads within the subdivision shall be named, signed and addressed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and approved by the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. 6. That an alternate roadway design be coordinated with the Kalispell Site Development Review Committee and the Kalispell Public Works Department for the internal private roadway including the access road onto Hwy 93 that aligns with Kelly Road. A letter from the Kalispell Public Works Department shall be obtained approving the final design and construction of the internal access road. 7. That a letter be obtained from the Kalispell Fire Department approving the following: a. Water mains shall be designed to provide minimum fire flows and shall be installed per City specifications at approved locations. Minimum ire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with Uniform Fire Code (1997) Article 9. d. A minimum of two access points shall be provided. e. Approved fire department access shall be provided at the northwest corner of the project to maintain access to existing fire hydrant. S. That landscaping of the site be done in accordance with a plan approved by the Kalispell Parks and Recreation Department. 9. That a note be placed on the face of the final plat that states "Some building height restrictions may be applicable because of the proximity of these lots to the Kalispell City Airport". 10. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 11. All new utilities shall be installed underground. 12. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 13. That a road user's association be created for the year-round maintenance of the internal roadway. 14. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 15. That the preliminary plat shall be valid for a period of three years from the date of approval. 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 AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 6TH DAY OF DECEMBER, 2004. Pamela B. Kennedy Mayor Theresa White City Clerk Tri-City Planning Office 17 Second Street East —Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net November 23, 2004 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Amended Plat of Lot 3, Daley Field Subdivision Dear Jim: The Kalispell City Planning Board met on November 9, 2004 and held a public hearing to consider a request by Murcon Development for preliminary plat approval of a seven lot commercial subdivision on approximately 7.4 acres located on the west side of Highway 93 across from Kelly Road. The property is zoned B-2, a General Business zoning district that allows for a wide variety of commercial uses. Narda Wilson, of the Tri-City Planning Office, presented staff report KPP-04-12 evaluating the proposal. She noted that the proposed subdivision would create a new intersection with Kelly Road and that the reconstruction of Hwy 93 did not currently include a traffic light at Kelly Road. She also noted that an internal access road would serve the subdivision and that a variance to the roadway standards would be required to allow for the internal lots to access along this private roadway. She noted that MDOT had done some work at the intersection of Kelly Road, Hwy 93 and this property with the recent reconstruction of the highway. Improvement to the intersection would be required to be evaluated and approved by the State. The staff recommended approval of the variance and the preliminary plat subject to the conditions outlined in the staff report. At the public hearing John Schwarz with Schwarz Engineering represented the applicant and said that MDOT was aware of their desire for a light at this intersection and they believe the traffic meets the warrants. Furthermore, he stated that the City of Kalispell agreed to assist pursing a light at this intersection as part of the buy -sell agreement with the property owner. Additionally, the buy -sell agreed that the City would accept the stormwater from the site. He noted they would attempt to work with Rosauer's grocery store to the north to extend the access road to connect to the Rosauers parking lot. After the public hearing the board discussed the frontage road concept. A motion was made to approve the preliminary plat subject to the recommended conditions which passed unanimously. Providing Community Planning Assistance To: City of Xaiispell * City of Columbia Fails ® City of Whitefish Amended Plat of Lot 3, Daley Field Preliminary Plat November 23, 2004 Page 2 Please schedule consideration of this preliminary plat for the Kalispell City Council meeting of December 6, 2004. You may contact this board or Narda Wilson at the Tri- City Planning Office if you have any questions regarding this matter. Sincerely Kalispell City Planning Bo d Ge g aylor resident GT/NW/ma Attachments: Attachment A - Recommended Conditions of Approval Staff report KPP-04-12 and application materials Draft minutes I I / 9 / 04 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Murcon Dev, #2510, 530 Eight Avenue SW, Calgary, Alberta T2P 3S8 Schwarz Eng., 100 Financial Drive, Suite 120; Kalispell, MT 59901 H: \FRDO \TRANSMIT\ KALISPEL \2003 \KPP-04-12. DOC Amended Plat of Lot 3, Daley Field Preliminary Plat November 23, 2004 Page 3 ATTACHMENT A AMENDED PLAT OF LOT 3, DALEY FIELD SUBDIVISION CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD NOVEMBER 9� 2004 The Kalispell City Planning Board is recommending the following conditions to the Kalispell City Council for the above referenced preliminary plat. A public hearing was held on this matter at the November 9, 2004 planning board meeting: 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 a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications all public infrastructure improvements have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been reviewed and approved for compliance with those standards. 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. An approach permit shall be obtained from the Montana Department of Transportation for the creation of the intersection at Kelly Road and Hwy 93 and that any needed improvements be accomplished prior to the submittal of the final plat after being reviewed and approved by the MDOT. 4. That a common mail facility be located for the subdivision and be approved by the local postmaster. 5. The privately owned and maintained roads within the subdivision shall be named, signed and addressed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and approved by the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. 6. That an alternate roadway design be coordinated with the Kalispell Site Development Review Committee and the Kalispell Public Works Department for the internal private roadway including the access road onto Hwy 93 that aligns with Kelly Road. A letter from the Kalispell Public Works Department shall be obtained approving the final design and construction of the internal access road. 7. That a letter be obtained from the Kalispell Fire Department approving the following: Amended Plat of Lot 3, Daley Field Preliminary Plat November 23, 2004 Page 4 a. Water mains shall be designed to provide minimum fire flows and shall be installed per City specifications at approved locations. Minimum lire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with Uniform Fire Code (1997) Article 9. d. A minimum of two access points shall be provided. e. Approved fire department access shall be provided at the northwest corner of the project to maintain access to existing fire hydrant. 8. That landscaping of the site be done in accordance with a plan approved by the Kalispell Parks and Recreation Department. 9. That a note be placed on the face of the final plat that states "Some building height restrictions may be applicable because of the proximity of these lots to the Kalispell City Airport". 10. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 11. All new utilities shall be installed underground. 12. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 13. That a road user's association be created for the year-round maintenance of the internal roadway. 14. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 15. That the preliminary plat shall be valid for a period of three years from the date of approval. REPORTS \04 \KPP04-12DOC I AMENDED PLAT OF LOT 3, DALEY FIEL111 TRI-CITY PLANNING OFFICE SUBDIVISION REPORT #KPP-04-12 NOVEMBER 1, 2004 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for preliminary plat approval of a seven lot commercial subdivision. A public hearing on this proposal has been scheduled before the planning board for November 9, 2004 in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. BACKGROUND: This property was previously a portion of Daley Field, a City ballfield, and was subdivided in December of 1997 into three lots and sold to private parties. Lot 3 of Daley Field was reviewed as a four lot commercial subdivision in April of 2003 and was given preliminary plat approval by the Kalispell City Council. The same property owner has decided to abandon the previously approved plat and has now reconfigured the lots within the subdivision and proposes a seven lot commercial subdivision and is again before the planning board. A. Owner/Applicant: Murcon Development, Inc. #25 10, 530 Eighth Avenue SW Calgary, Alberta T2P 3S8 (403) 269-5416 Technical Assistance: Schwarz Engineering, Inc. 100 Financial Drive, Suite 120 Kalispell, MT 59901 (406) 755-1333 B. Location: The lot that is proposed for resubdivision is located south of Rosauers on the west side of Hwy 93 South directly across from Kelly Road: The property can be described as the Amended Plat of Lot 3 of Daley Field Subdivision located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Size: Total area: 7.41 acres Area in Lots: 7.08 acres Areas in Roads: 0.33 acres Min Lot Size: 0.67 of an acre Max Lot Size: 1.68 acres D. Nature of the Request: The developer is proposing to subdivide an approximately 7.4 acre parcel into seven commercial lots that will be accessed via a new internal subdivision road that will serve all the lots within the subdivision. The new internal subdivision road will create an intersection at Hwy 93 and Kelly Road. Currently this property is undeveloped and was previously a part of the City of Kalispell's park system where a ball park was previously located and known as Daley Field. E. Zoning: The zoning for this property is B-2, a General Business District. This district has a 7,000 square feet minimum lot size requirement and the * ' m lot width is 70 feet. All of the lots within the proposed subdivision exceed this minimum lot size and lot area.. F. Existing Land Use: This property has not been developed. G. Surrounding Zoning and Land Uses Zoning: The area is a mix of general commercial uses in the area as well as the Kalispell City Airport. North: General retail building, City B-2 zoning South: General office building, City B-2 zoning East: Office, restaurant / bar, boat sales, City and County B-2 zoning West: Kalispell City Airport, City P- 1 zoning H. Relation to Master Plan Map: This property lies within the Kalispell Growth Policy area and is designated on the future 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. It may also be noteworthy that this property is within the boundaries of the Airport Urban Renewal District. 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 Police. City of Kalispell Schools. School District #5 REVIEW AND FINDINGS OF FACT This application is reviewed as a major subdivision in accordance with State statutory r ev iew 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. The Kalispell Fire Department has asked that the parcel identified as Lot C on the preln'An ary plat be developed so that access to the northwest comer of the parcel can be obtained by the department where a hydrant is currently located offsite and is difficult to access. A note should be placed on the face of the final plat that requires a minimum 20 foot wide fire access road along the northern boundary of Lot C. 2 Flooding: The topography of the site is generally level and there is little risk of flooding or due to surface water runoff. The area has been known to have high groundwater and hydric soils which can present challenges in managing drainage. Access: Primary access to subdivision will be from Hwy 93 South, a federal highway that is managed and maintained by the Montana Department of Transportation. Hwy 93 between Ashley Creek to the south and the Flathead County Courthouse to the north has been scheduled for completed reconstruction by November of 2004. The new internal roadway will provide access to the lots within the subdivision and none of the lots will have direct access onto Hwy 93. The new internal roadway will create a four-way intersection between Hwy 93 and Kelly Road. There has been discussion in the past with the MDOT regarding the installation of a signal at the intersection of Kelly Road and Hwy 93. However, at present the MDOT has found that this intersection does not warrant a signal. The creation of this four-way intersection at Kelly Road and Hwy 93 may have some impact on the decision whether or not to install a traffic sign at this junction at some future date. A new approach has been constructed on this, property to align with Kelly Road to the east as part of the reconstruction of the Hwy 93 South. The developer will still be required to obtain an approach permit for the creation of the new roadway onto Hwy 93 and comply with any requirements that the Montana Department of Transportation may have in conjunction with the creation of this new intersection. B. Effects. on Wildlife and Wildlife Habitat: Minimal impacts to wildlife and wildlife habitat can be anticipated as a result of this subdivision since this property and site lie within an urban area of Kalispell C. Effects on the Natural Environment: Surface and groundwater: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater from on - site sewage treatment. There is no surface water in close proximity to this site that could be affected by development. There is some high groundwater and hydric soils in the area, but they are not significant enough to create flooding or surface water problems with the site. Drainage: This site is relatively level and does not pose any unusual challenges to site drainage. When Hwy 93 was reconstructed a portion of the adjoining properties was intended to be accommodated through the State's stormwater drainage system within Hwy 93. As part of the development process a drainage plan will need to led and will be reviewed and b ' e identified approved by the Kalispell Public Works Department and all stormwater not accepted by the MDOT, will have to be accommodated on site and in accordance with the City of Kalispell's Standards for Design and Construction via an engineered drainage plan. R;14 iva t 44 - Water and Sewer: This property will be served by the City of Kalispell sewer and water. Water lies at the northwest comer of the property and also within the Hwy 93 right of way. Sewer lies along the west boundary of this property and also within the Hwy 93 right of way. Water and sewer extensions within the subdivision will be designed and constructed in accordance with the design specifications of the City of Kalispell. Adequate capacity exists within the Kalispell water sewage treatment systems to accommodate the additional needs created by this subdivision. 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: Lions Park lies in close proximity to the property directly to the east. Impacts to the park system will be limited. Parkland dedication is not required' for commercial subdivisions. Police Protection: This property is served by the Kalispell Police Department. There would be limited impacts on the police department and adequate service can be provided as a result of this subdivision. Fire Protection: This property will be served by the City of Kalispell Fire Department. Fire hydrants will need to be placed within the subdivision in accordance with the Uniform Fire Code as part of the subdivision development. The fire department will be able to adequately service this development Refuse Disposal: Once these lots are 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. Es . Effects on Agriculture and Agricultural Water Users Facilities: This is not an agricultural area and 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. F. Compliance with Growth Policy: The Kalispell Growth Policy 2020 anticipates that this area will develop commercially. Not only is this area part of an area that has been well - established commercially it is part of the Airport Urban Renewal District, intended to provide a mechanism for redevelopment in the area. The proposed subdivision furthers the goals and policies of the Kalispell Growth Policy. G, Compliance with Zoning Regulations This property is currently zoned, B-2, a General Business zoning district. The proposed subdivision complies with this minnnum. lots size and width requirements of the B-2 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 is in compliance with, the Kalispell Zoning Ordinance. H, Airport Urban Renewal District This property was sold when Daley Field was subdivided and the ballfields relocated to the new Kalispell Youth Athletic Complex on the State School Section Property to the north. It was intended that the funds from the sale and development of this property would be used for the upgrade of the Kalispell City Airport and other needed *infrastructure improvements within the district. The revenue generated from this district has been earmarked for airport improvements. This property was not subject to a development agreement between the developer and the City of Kalispell when it was sold and there is not provision regarding the manner in which in can be subdivided or developed. Because of this property's close proximity to the Kalispell City Airport there may be some height restrictions along the property boundary to the south that could prohibit the development of a rather tall building near the rear property boundary. It would therefore be logical that if a taller building were desired the parking could be located to the west of the site and the building(s) located toward to east of the site to maximize the allowable building height. I. Compliance with the Subdivision Regulations: This subdivision does not comply with the Kalispell Subdivision Regulations Section 3.08© Access, Any public or private street or road providing ingress and egress to a subdivision shall meet the street design standards and specifications stated in Section 3.09 of these regulations." Section 3.09, Streets and Roads - Design Standards, requires that (A) All roadway improvements including pavement curbs, gutters and drainage systems shall be constructed in accordance with the adopted Standards for Design and Construction, Kalispell Montana. The internal roadway proposed in this commercial subdivision will provide access to the lots and would be privately owned and maintained and would consist of a shared 40 foot wide road and utility easement with the roadway being constructed to an alternate standard. This variance has been addressed below: Variance to Section 3-08 ( C ) "Any -public or private street or road providing ingress and egress to a subdivision shall meet the street design standards and specifications stated in Section 3.09 of these regulations." Section 3.09 requires all roads, public or private to be constructed to City standards. 5 • The developer is requesting a variance to this requirement to allow all of the lots within the subdivision to be accessed via an internal private roadway that would serve as a quasi frontage road in this area thereby avoiding direct access onto Hwy 93 and providing cross easement agreements between the lots within the subdivision. The road would be constructed within a 40 foot road and utility easement with the road being constructed to an alternate standard. Evaluation of the Variance Request The Kalispell Subdivision Regulations provide for the granting of variances subject to the adoption of findings outlined under Section 7.01 (A) and findings 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. An alternate standard would be developed for this internal access road to insure the public health, safety and welfare of the public by providing adequate vehicle, emergency and pedestrian access by requiring minimum adequate roadway widths, limiting parking and developing pedestrian requirements. 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. Frontage along Hwy 93 South is limited by the Montana Department of Transportation which is in the best interests of the City of Kalispell and its residents. No direct access to Hwy 93 would be allowed but rather a single access for the property that can be shared by all of the users. This property could be developed as a single parcel with more than on primary use because it is commercially zoned and these types of developments are anticipated and appropriate. An internal shared access road could be developed if this property were developed as a single parcel. Alternately cross access agreements and shared access can be developed to insure that each lots has safe and efficient physical sical and legal access. A frontage road such as being proposed overcomes the limitation imposed on the development of the property of a single access by develo in g good internal vehicular, emergency and pedestrian access while p limiting potential traffic conflicts along Hwy 93. 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. If developed as a single parcel with several businesses, the property owner could develop an internal roadway as proposed that would be privately owned and maintained and would provide good internal access to all of the users within the development. The requirement for an internal access road for subdivision purposes would require a 60 foot right of way the City ownership and maintenance of the internal road that would otherwise be private. This I particular situation would not benefit the developer or the property owner and poses hardship on both the developer and the City. 4. The variance will not cause a substantial increase in public costs. This variance will not increase costs to the public but rather would decrease costs to the public since the internal access road would privately owned and maintained rather than publicly owned and maintained. S. The variance will not, in any manner, vary the provisions of any adopted zoning regulations or growth policy. This variance request does not vary the provisions of the zoning ordinance nor does it compromise the goals and policies of the Kalispell Growth Policy 2020. Rather it furthers the goals and policies of the growth policy by limiting access onto a major arterials, and providing through access to developed properties. VARIANCE RECOMMENDATION: Based upon the above evaluation staff would recommend that the variance to the road standards be granted. I- rl&-5� 0 $ 0 $ :4 � 1 That the Kalispell City Planning Board adopt the staff report #KPP-03-12 as findings of fact and recommend to the Kalispell City Council that the variance and preliminary plat be 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 a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications all public infrastructure improvements have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been reviewed and approved for compliance with those standards. Certification from an engineer licensed in the state of Montana shall be submitted with the final plat stating that a.11 of tke irnInro-vements ha -%;re been constructed accordingly. .L.L U.L.L & %V.& %-IV �- 3. An approach permit shall be obtained from the Montana Department of Transportation for the creation of the intersection at Kelly Road and Hwy 93 and that any needed improvements be accomplished prior to the submittal of the final plat after being reviewed and approved by the MDOT. 4. That a common mail facility be' located for the subdivision and be approved by the local postmaster. S. The privately owned and maintained roads within the subdivision shall be named, signed and addressed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and approved by the Kalispell Fire Department. A letter shall be obtained from the r7 I Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. 6. That an alternate roadway design be coordinate with the Kalispell Site Development Review Committee and the Kalispell Public Works Department for the internal private roadway including the access road onto Hwy 93 that aligns with Kelly Road. A letter from the Kalispell Public Works Department shall be obtained approving the final design and construction of the internal access road. 7. That a letter be obtained from the Kalispell Fire Department approving the following: a. Water mains shall be designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with Uniform Fire Code (1997) Article 9. d. A minimum of two access points shall be provided. e. Approved fire department access shall be provided at the northwest corner of the project to maintain access to existing fire hydrant. 8. That landscaping of the site be done in accordance with a plan approved by the Kalispell Parks and Recreation Department. 9. That a note be placed on the face of the final plat that states "Some building height restrictions may be applicable because of the proximity of these lots to the Kalispell City Airport". 10. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the. Kalispell Public Works Department shall be obtained stating that the requirement easements are being shown on the final plat. 11. All new utilities shall be installed underground. 12. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 14. That the preliminary plat shall be valid for a period of three years from the date of approval. REPORTS \03 \KPP03-12.DOC /NW 0 cv O ct o bie r 4, 2004 Narda Wilson, Seni.or Planner _ Tri-City Planning Office - T 7 Second Street East, Suite 211 Kalispell, MT 59901 Re: Preliminary Plat Application Submittal for Lot3'of Daley Field'Subdiviso.n Dear Ms. Wilson: Submitted for your review is the following information for the Preliminary Plat Application for the above named development: 1. Completed Application Form 2. Preliminary Plat (20 copies) 3. 11 x 17" Preliminary Plat _._. 4. Adjacent Property Owners List - Verified by Flathead Co. Plat Room 5. Review fee: $1,330.00 We are submitting this information for inclusion at the next appropriate meeting of the Kalispell Planning Board. Should questions arise regarding the information provided above or the referenced project, please do not hesitate to call our office. Sincerely, SCHWARZ ARCHITECTURE & ENGINEERING, Inc. John Schwarz, P.E. Enclosures as noted above Cc: Murph Hannon, Murcon Development, Inc. Project File #1 100.03 \\Saeserver\documents\Project Files\Hannon, Murph Murcon Development\Daley Field Subdivision\Re-submit 9.2004\Narda Wilson, October 4, 2004.doc SCHWARZARCHITECTURE AND ENCINEERING, INC. i ___ _ inn F1nanr1a1 Dr. Suite 120 - Kalispell. MT 59901 -Tel: 406.755.1333 -Fax: 406.755.1310 - Wavw.schwarzae.com --�` Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION KALISPELL x WHITEFISH COLUMBIA FALLS FEE SCHEDULE: FEE ATTACHED Major Subdivision (6 or more lots) $750 + $40/lot Mobile Home Parks & Campgrounds (6 or more spaces) $750 + $40/space Amended Preliminary Plat $250 Subdivision Variance $100 (per variance) Commercial and Industrial Subdivision Add $200 to base preliminary plat fee SUBDIVISION NAME: Lot 3 of Daley Field Subdivision •a - Name Murcon Development Inc. Phone 4 03 , 2 69, 5 41 6 Mailing Address #2510, ' 5 3 0 Eight Avenue SW City Calgary State AB Zip T 2 P 3 S 8 TECHNICAL/ PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Eaigineer, etc): Name 8v Address Schwarz Architecture & Eng-ineering. Inc. Name Address 100 Financial Drive, Suite 120 Name Address Kall'spell, mT 59901 Property Address 2260 US Highway 93 South, Kalisnell MT Assessor's Tract No Daley Field Sub, Lot No 3 1/4 Sec NW — Section 20 Township 2 8N Range 21W GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces 7 Total Acreage in Subdivision 7.41 Total Acreage in Lots 7.0 8 7Minimum Size of Lots or Spaces 6 7 Total Acreage in Streets or Roads • 3 3 Maximum Size of Lots or Spaces 1 . 6 8 Total Acreage in Parks, Open Spaces and/or Common Areas N A 1 PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial 7 Industrial Planned Unit Development Condominium Multi -Family Other a ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS. $ 9 0 0., 0 0 0 I I J) w F. Me W o cw � it i��, i:j 02;j cowl s Roads.- Gravel X Paved X Curb X Gutter X Sidewalks Alleys Other Water System: Individual Multiple User Neighborhood X Public Other Sewer System: Individual Multiple User Neighborhood X Public Other Other Utilities: Cable TV _X_Telephone X Electric X Gas X Other Solid Waste: Home Pick Up Central Storage X Contract Hauler Owner Haul Mail Delivery: Central Individual X School District: 5 Fire Protection: Hydrants Tanker Recharge Fire District: Kalispell City Drainage System: City of Kalispell drainage per Buy -Sell Agreement on purchase from City of Kalispell. PROPOSED EROSION/ SEDIMENTATION CONTROL: VARIANCES: ARE ANY VARIANCES REQUESTED? Yes (yes/no) If yes, please complete the information below: SECTION OF REGULATIONS CREATING HARDSHIP: 3.09 EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE WITH REGULATIONS Please See Attached REGULATIONS: 11 1 11111 11 1 MUR I I I R ME V L 2 W 16; 1 M go-Ii JIAIR B&I"SU tOILIA $ DO D) NUMBAIJ101 am- I Elm 1. Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? Please See Attached 2. Will the variance cause a substantial increase in public costs? Please See Attached 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations, Master Plan or Growth Policy? Pleae See Attached 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? Please See Attached S. What other conditions are unique to this property that create the need for a variance? Please See Attached The subdivider shall submit a complete application addressing items below to the Tri- City Planning Office at least thirty (30) days prior to the date of the meeting at which it will be heard. 1. Preliminary plat application. 2. 20 copies of the preliminary plat. 3. One reproducible set of supplemental information. (See Appendix A of Subdivision Regulations for the city where the subdivision is proposed.) 4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size. 5. Application fee. 6. Adjoining Property Owners List (see example below): Assessor# Sec-Twn-Lot/Tract No Property Owner 8s Mailing Address I hereby 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 information or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. (Applicant) 3 ��-? �/rC � c:' ��.-�' c� .�Vim.. �.. � �G`!' ,c�-Ht--`" T-��r�..-•` L.. As approved by the TCPB on 12 / 19 / 01 Effective 1 / 1 / 02 / z.. (Date) 0 EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRIC COMPLIANCE OF REGULATIONS: The subject property is located on the south side of Kalispell with US Highway 93 on the east side of the property and Kalispell Municipal Airport on the west side of the property. The limited geometrical distance between these two adjoining properties makes it difficult to place a circulation route within the development. .. TO STRICT COMPLIANCESABOVE The proposed alternative is to create a city street designated as Kelly Road on the west side of US Highway 93. This would be a sixty foot (60') right-of-way constructed to enter the property. Privately owned streets would extend north and south of Kelly Road. The private road that would be directed to the south would be a frontage road, ultimately carrying traffic to Murdoch's Ranch &Home Store. The private road extending to the north would terminate at the property line. The property owner has worked on several occasions to connect this to Rosauers and will continue to work on a joint use agreement with this north neighbor. However, it is clear that those properties adjacent to the north local street have adequate access and turnaround area for emergency responders. 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? It is anticipated that the proposed alternative will provide suitable access for the traveling public and emergency responders. There is no anticipated detrimental effect by granting the variance. 2. Will the variance cause a substantial increase in public costs? As identified previously, it is proposed that the road be privately maintained by the lot owners within the development. Therefore, there will actually be a decrease in the public cost. 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations or Master Plan? There is no anticipated effect in any manner to 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?. The limited east -west dimension of the subject property make the creation of a loop road unfeasible. The construction of cul-de-sacs are unnecessary with the anticipated uses of the commercial lots and the private road extensions. 5. What other conditions are unique to this property that create the .need for a variance? This property is unique in that it contains cross access agreements with the properties to the south and will likely contain a cross access agreement with the property to the north that will help to alleviate the congestion on US Highway 93. :. LJ B1G rNolQ, f r.. --¢ -J• -"�, �� �y - _ - - J_s - � __ - - J fy/may.•--°`• . - -'.I�-�' • - _ '�syYr �'.vav°+✓y�-ym' _- ! p t El } ry, r .SPS { 3 m = 4 4 a ,. $ : s -x,>..--:.x...a_a _ � �xrest'�3 4.3.•, y� -, _ ss3 : 3 ` ° - - 4AA14 - $.lA B A /15 F.n.. NIB G-. 1F 25 -- B 49 F 17..4 % 1 • i #{50 $_ 45 - F QUA 2 Ir• .�F ° ,t- 30 A ° , - - - r 2AAJA S eut i AAJ; := s lAA 13' - : AAK F AB�r�, .E _ikt �� 0 coo s� 2AAF �..a A 70B14 i = w 2 4AAB .5 lN .r. .tom q — 7 C, E =. .. x I �E. — 4 G.a r. , 3 E21 -,.-% ` ,.. _}r u B=72 .. _ 7L h, r -. tµ w A a 2F2 B r;cn71 21 4... 7H mpF.. �.,. 8A ►.. 7F • 2 1 J - - 700 6 5BB I'13 .. ` AG� 6D ` 2FAA n 5HA Hong- ' 2FB VICINITY MAP INC. I�IURCON DEVELOPMENT, PRELIMINARY PLAN AMENDED PLAN OF LOB' 3 DALEY FIELD. A 7 LOB COMMERCIAL SUBDIVISION ON APPROX. 7.4 ACRES ,ate y� PLOT DATE: 10/8/04 -i A3 �.� 1� n r �� - e e r.� ■ 7 f -\ —:—I A e% .,J....,.