04. Request to Waive Condition of Preliminary Plat - Butch ClarkCity of Kalispell
Planning Department
1.7 - 2nd Street Fast, Suite 211, Kalispell, Montana 59901.
Telephone: (406) 751-1850
Fax: (406)751-1$58
Website: kalispellplanning.com
REPORT TO. Kalispell Mayor and City Council
FRGW: Thomas R. Jentz, Director
James H. Patrick, City Manager
SUBJECT: Request by Butch Clark to waive a condition of preliminary plat
requiring that sidewalks be installed in a 2 lot townhouse
subdivision at 1342 Third Avenue East
?SATE: November 20, 2006 Council Meeting
BACKGROUND: Butch Clark purchased a corner lot at 1342 Third Avenue East in
Kalispell. The site contained a single family residence and he now is constructing a
second house on this lot. It is his desire to connect them as a two unit townhouse and
market them appropriately. Because he is creating a townhouse development of two
lots, he is required to file for a two lot subdivision. Since the project is less than 5 lots
and impacts are deemed to be insignificant, the planning department has waived the
requirement for a preliminary plat application and directed Mr. Clark (via his surveyor
Dawn Marquardt) to proceed directly to filing a final plat for council action. As is
typically the case when we waive the preliminary plat review process, we send out a
letter informing the applicant that they are still required to meet all of the City of
Kalispell design and construction standards and we specifically call out 4 routine
conditions. (See attached letter from Sean Conrad dated September 15, 2006.)
Condition #3 requires Mr. Clark to install sidewalks along both Third Avenue East
(approximately 50 feet) and 14thStreet (approximately 142 feet) immediately adjacent
to the 2 lot subdivision.
Mr. Clark indicated that sidewalks in this location did not make any sense. Staff
indicated that they did not have the authority to waive sidewalks in this case and
suggested that he approach the council at a workshop on this matter to discuss the
sidewalk requirements for his project. A workshop was held this past Monday
November 13, 2006. At the council workshop staff indicated that sidewalks were
required in our Kalispell Design and Construction. Standards for new subdivisions and
that it was a standard condition of subdivision approval which the council had been
asking for in these situations whenever a subdivision was proposed. Mr. Clark
discussed the issue at length with the council stating that he was not opposed to
installing sidewalks he just did not want to install a sidewalk that went nowhere. He
added there were no sidewalks along all of 14th Street and the sidewalks along Third
Avenue East on his block didn't start until lot 4. Since he owns lot 0 at the south end
of the block this would leave a 50 foot gap between the sidewalk on his lot and the one
on lot 4.
Clark Sidewalks
Page 2
Council reviewed an existing sidewalk map and after much discussion directed staff to
present 3 options as an alternative to placing sidewalks on both sides of Mr. Clark's 2-
unit townhouse. option 1 would include placing sidewalks along the east side of Lot 6
(owned by Butch Clark) and along Lot 5 (the neighbor to the north) so as to create a
continuous sidewalk along Third Avenue East on the west side of the street. option 2
would be just placing sidewalk along the east side of Lot 6 owned by Butch Clark as
Third Avenue is the major north -south sidewalk connection. option 3 would be to
waive sidewalks altogether as the sidewalks would not connect up to any existing
sidewalks.
This issue will be presented to council for action at the November 20 council meeting.
RF,CONDWNDATIIIN: Staff has recommended that sidewalks be placed on both Third
Avenue East (50 feet) and 14th street (142 feet) in compliance with the city of Kalispell
Design and construction Standards. Three additional options are offered:
Option 1: It is recommended that sidewalk be waived on 14thStreet as it serves no
viable sidewalk connection and instead Mr. Clark be required to place sidewalk on the
east side of his Lot 6 as well as Lot 5 to the north (a total distance of 100 feet) to
provide a continuous sidewalk connection to the existing sidewalks to the north along
Third Avenue East.
Caption 2: It is recommended that sidewalk be waived on 14thStreet as there is no
viable connection and instead Mr. Clary be required to place sidewalk only on the
east side of his Lot 6 a total distance of 50 feet as the current sidewalk patterns in the
neighborhood run north and south along Third Avenue East.
Caption 3: It is recommended that sidewalk be waived on 14th Street and on Third
Avenue East as there are no immediately abutting sidewalks in the neighborhood. This
sidewalk work would have been an incremental solution at best and would be more of
a hardship than a benefit to both the developer and the neighborhood.
FISCAL EFFECTS: Depending on council direction, the outcome should be revenue
neutral.
ALTERNATIVES: As suggested by the city Council.
Respectfully submitted,
1\
Thomas R. Jentz
Director
Report compiled: November 14, 2006
es c
City Manager
Attachment: Letter from Sean Conrad dated September 15, 2006
c: Theresa White, Kalispell city clerk
City of Kalispell
Planning Department
17 Second Street Easta suite 2 i
Kalispell, Montana 59901
Telephone: (406) 75 l-1850
Fax: (6) 751-1858
Website: kalispeilplanning.com
September 15, 2006
Debbie Shoemaker
Marquardt and Marquardt Surveying
285 ls# Ave F.N.
Kalispell, MT 59901
Re: waiver of Preliminary Flat Approval --- Lot 6, Block 2 51, Addition No. 7 to Kalispell
Dear Debbie:
This letter is in response to your request for waiver of preliminary plat for a two lot
residential subdivision located on the northwest corner of the intersection. of 3rd
Avenue Fast and 14th Street East irl Kalispell. The property contains approximately
71110 square feet with a duplex currently under construction on the property. The
proposed subdivision would divide the duplex creating two sublots each of which
would be approximately 3,555 square feet. The property is zoned R-4, Two Family
Residential, which has a minimum nimum lot width of 50 feet and a n1i'mum lot size of
6,000 square feet. The property can be described as Lot 6, Block 251, Addition. No. 7
to Kalispell located in Section 17, Township 23 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 the 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
severer and water are adequate and in place; (6) that 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.
Lot 6, Block 251, Addition No. 7 to Kalispell Pre -Plat Waiver
September 15, 2006
Page 2
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 streets in the area to City
standards.
3. Sidewalks meeting Kalispell's Design and Construction Standards shall be installed
along the property boundaries of both 3rd Avenue East and 14th Street East.
Design and Construction plans shall be reviewed by the Kalispell Public works
Department. Removal of any trees within the right-of-way because of the required
sidewalk installation shall be approved by the Kalispell Parks and Recreation
Department prior to removal. Any new trees required by the Parks and Recreation
Department to be planted within the right- of way shall be paid for by the property
owner.
4. This waiver of preliminary plat approval is valid for three years and will expire on
September 15, 2009.
Recent phone conversations with the owner indicate that he does not support condition
3 requiring the installation of sidewalks and possibly new street trees along either of
both 3rd Avenue East and 14th Street East. The process for the owner to remove
condition number 3, because it is part of the Kalispell Design and Construction
Standards, would be to write a letter to the city council requesting waiver of condition
#3 and state reasons why the condition is not appropriate. A copy of the letter should
go to dim Patrick, City Manager and to our office. The city would then schedule the
issue at a workshop prior to the next regular city council meeting so the owner's
concerns can be presented prior to council action. Workshops are typically held the
Monday before the council meeting.
Waiver of preliminary plat approval does not constitute approval of the subdivision.
Please note that prior to final plat approval all requirements must be met per Chapters
and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding
this matter, please call Sean Conrad, Senior Planner, at this office.
Sincerely,
j
Thomas R. Jentz
Planning Director
H:TRDOILETTERS\WAIVEPPQ006 LOT 6,BLK 251 KAL[SPELL ADD 7.DOC