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08. Resolution 4975 - Preliminary Plat - LaMew SubdivisionTri-City Planning Office 17 Second Street East —Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity rr centurytelmet 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 of La Mew Subdivision — North Side of East Center Street MEETING DATE: February 7, 2005 BACKGROUND: This is a request for preliminary plat approval of a three lot residential subdivision. The property is located on the north side of East Center Street between Fourth Avenue East and Woodland Drive. This subdivision creates one lot where an existing house is located and two lots to the east. Because of the configuration of the property one of the lots has a flag lot configuration while the other newly created lot fronts along East Center Street. The subdivision is not eligible for a preliminary plat waiver because a sewer line will need to be extended along Center Street to provide service to the newly created lots. The existing house has a service that comes from a main to the west. This property contains approximately .69 of an acre and has a zoning designation of R-3, Urban Single Family Residential. A new sewer amain will be required to serve the two newly created lots while the existing house has a sewer service line that comes from a main to the west. A water main lies within the East Center Street right of way and no additional water upgrades appear to be required at this time. A fire hydrant is currently located at the southeast corner of Fifth Avenue East and East Center Street. Staff is recommending that a shared access be developed for the subdivision utilizing one of the two existing accesses, specifically the access that. is generally Incated near the center of the property or as otherwise reviewed and approved by the Kalispell Public Works Department. Additionally, a note has been required to be placed on the face of the plat that waives protest to the creation of a special improvement district for the upgrade of East Center Street to City standards in the future. RECOMMENDATION: A motion to adopt the resolution approving the preliminary plat subject to the recommended conditions would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls La Mew Subdivision Preliminary Plat February 1, 2005 Page 2 Respectfully submitted, Narda A. Wilson Senior Planner Report compiled: February 1, 2005 es H. Patrick City Manager c: 'Theresa White, Kalispell City Clerk Wendy Macker, 427 E. Center St., Kalispell, MT 59901 Marquardt Surveying, Inc., 285 First Ave West, Kalispell, MT 59901 Ai-+�rhmPn+c• C+off rar�nr+ TZCI?_fl�,,.1 and arir�liro+inn mo+c�rinl� Preliminary plat Vicinity reap TRANSMIT1%KALISPEL\2004 \KSR05-1 RESOLUTION NO.4975 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF LA MEW SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACT 30- 5 IN SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.1Vl., FLATHEAD COUNTY, MONTANA. WHEREAS, Wendy Macker, the owner of the 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 Tri-City Planning Office has reviewed the proposed subdivision and made a report (#KSR-05-1) 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 February 7, 2005, reviewed the Tri-City Planning Office Report #KSR-05-1, 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 #KSR-05-1 are hereby adopted as the Findings of Fact of the City Council. SECTION 11. That the application of Wendy Macker for approval of the PreliminaryPlat of La Mew Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: That the final plat for the subdivision shall be in substantial compliance with the approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix HI -A. Fire hydrants shall be provided per City specifications at locations approved by this department prior to combustible construction. (Kalispell Subdivision Regulations, Section 3.20). New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and shall be certified by an engineer licensed in the state of Montana. A letter from the Kalispell Public Works Department stating that the new infrastructure has been inspected and approved shall accompany the final plat application. 4. That the shared access for the lots be developed from the existing access on proposed Lot 2 or in accordance with a plan approved by the Kalispell Public Works .Department. The shared access shall be paved. (Kalispell Subdivision Regulations, Section 3.09). The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 6. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 7. That a note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for the future upgrade of East Center Street to City standards. (Kalispell Subdivision Regulations Section 3.09, (.I)) 8. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 9. That preliminary plat approval shall be valid for a period of three years from the date of City Council approval. (Kalispell Subdivision Regulations, Section 2.04). SECTION Ill. 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 7TH DAY OF FEBRUARY, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk LA MEW SUBDIVISION TRI-CITY PLANNING OFFICE SUBDIVISION REPORT KSR-05-1 FEBI2UARY 1, 2005 A report to the Kalispell City Council regarding a request for preliminary plat approval for a three lot residential subdivision. BACKGROUND INFORMATION: This is a preliminary plat for a three lot subdivision where an existing house currently exists on the west side of the property. The property is zoned R-3, Urban Single Family Residential, and lies on the north side of Center Street between Fourth Avenue East and Woodland Drive. A. Petitioner and Owners: Technical Assistance: Wendy Macker 427 East Center St. Kalispell, MT 59901 (406) 261-8309 Marquardt &, Marquardt Surveying, Inc. 285 First Ave EN Kalispell, MT 59901 (406 )752-6285 B. Nature of the Request: This is a request for a three lot residential subdivision that creates one lot where an existing house is located and two lots to the east. Because of the configuration of the property one of the lots has a flag lot configuration while the other newly created lot fronts along East Center Street. The subdivision is not eligible for a preliminary plat waiver because a sewer line will need to be extended along Center Street to provide service to the newly created lots. The existing house has service that comes from a main to the west. This property contains approximately .69 of an acre and has a zoning designation of R-3, Urban Single Family Residential. C. Location of Property: The site is located on the north side of East Center Street between Fourth Avenue East and Woodland Drive. The property can be described as Assessors Tract 30-5 in Section S, Township 28 North, Range 21 West, P.M., M., Flathead County, Montana. D. Size: Total area: 0.69 acres Lot 1: 0.31 acre (13,454 square feet) Lot 2: 0.22 acre (9,761 square feet) Lot 3 0.16 acre (7,026 square feet) E. Existing land use and zoning: The property currently has a single family residence that will be retained on a proposed Lot 1. The property is zoned R-3, Urban Single Family Residential, which is intended primarily for single family dwellings. The minimum lot size requirement is 7,000 square feet and a minimum lot width of 60 feet. F. Adjacent Land Uses and Zoning: The general land use character of the area is a mix of sinPle-family resirlentinl to the sniffli nncl to the west as well as snore commercial uses to the north. The Burlington. Northern Santa Fe Railroad tracks lie to the north of this property. This area can also be described as a transition area between the well established residential area; of Kalispell's east side and the commercial core to the north. G. Proposed Availability of Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Electric: Flathead Electric Cooperative Phone: Ce,nturytel Police: City of Kalispell. Fire: Kalispell Fire Department Natural Gas: Northwest Energy Cable: Bresnan Communications Schools: School District #5, Kalispell REVIEW AND FINDINGS OF FACT This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell City Subdivision Regulations, A. Effects on Health and Safety: Fire: This subdivision would be in the service area of the Kalispell Fire Department. The property can be considered to be at low risk of fire because the subdivision and homes within the subdivision would be constructed in accordance with the Uniform Fire Code and have access which rneets City standards. An existing water main is in place along Center Street and a fire hydrant currently exists at the southeast corner of Fifth Avenue East and Center Street. No new water mains will be needed in conjunction with this minor subdivision. Flooding: None of this area is located in the 100 year floodplain there is good development potential for the property. Access: Access to the lots will be directly from East Center Street via an existing driveway. Staff will be recommending that a shared access for the lots be developed since one of the existing accesses is near the center of the flag lot and can easily serve all three lots. Center Street is a busy collector that channels traffic from the east to the west side of Kalispell and back. Center Street is not built to City standards since it does not have curb, gutter or sidewalks. Staff will be making a recommendation that a note; be placed on the face of the final plat which waives protest to the creation of a special improvement district for the upgrade of East Center Street to City standards in the future. 2 8. Effects on Wildlife and Wildlife Habitat: This property lies on the urban fringes of Kalispell and is surrounded by urban development. It does not provide habitat to wildlife or anv endangered species. 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. Surface crater lies in Woodland Park pond to the east and will not be impacted by the development of this property. Drainage: This property in general is level and does not pose any challenging development constraints. The stormwater generated from the site will be required to be maintained on site since there is no City storm drain system in the immediate area. D. Effects on Local Services: Water: Water service to the subdivision would be provided by the City of Kalispell and taken from a water main that lies to the south of this property within East Center Street. No new mains or extensions will be required as part of the development of the subdivision. There is adequate capacity within the City's water system to accommodate this development. Sewer: Sewer service will be provided by the City of Kalispell, but a main will need to be extended along East Center Street to service the two newly created lots. The existing house is served by a sewer service line from a main that lies to the west. Therey is adequate capacity within the sewage treatment plan to anrnmmnriatw tide !�P[TP�nTSTYtPYt�' Roads: Traffic projections for this subdivision are estimated to be approximately 30 additional vehicle trips per day based on the estimate of 10 vehicle trips per residence per day into the area or 20 additional vehicle trips per day potentially. There will be some insignificantly moderate impacts to the neighborhood as a result of this subdivision. Schools: This development is within the boundaries of the Kalispell School District #5. The school district could anticipate that an additional one school aged child might be generated into the district at full build out. This number is used because it takes into account pre-school aged children, home school education options and private school education. option. Not all of the children who live in the subdivision will be attending public schools. This would not have a significant impact on the district. Parks and ©pen Space: The state and local subdivision regulations exempt minor subdivisions from the parkland / open space requirement. Police: This subdivision would be in the jurisdiction of the City of Kalispell. Police Department. The department can adequately provide service to this subdivision, however the cumulative impacts of growth within the city further 3 strains the departments ability to continue to provide the high level of service the department is committed to. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department, and the subdivision will need to meet the requirements of the Uniform Fire Code. Fire risk is low because of good access and fairly level terrain and urban environment. There is an existing hydrant located near this property at the southeast corner of Fifth Avenue East and East Center Street. Solid Waste: Solid waste will, be handled by the City of Kalispell and the existing home is currently served by the City of Kalispell. There is sufficient capacity within the landfill to accommodate the additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Hospital is close, less than three miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has not been traditionally used for agricultural purposes and is well suited for urban residential development. Its location within the planning jurisdiction and its proximity to urban services makes this property appropriate for the type of development being proposed. There will be no impact on agricultural uses within the Valley and no impact on agricultural water user facilities since this property will be served by a public water system. F. Relation to the Kalispell Growth Policy: This property is in the Kalispell Growth Policy's potential utility service area and is antici.oate d for this tvne of urban scale development at the time of connection. to City utilities. The future land use map for the area indicates this area is anticipated to be developed as Urban Residential. Areas designated as Urban Residential are anticipated to be served by community water and sewer and have good access to services and public facilities. This land use designation anticipates a density of two to 12 dwelling units per acre. This subdivision is in compliance with the Kalispell Growth Policy and its goals and policies. G. Compliance with Zoning: This property has been zoned R-3, an Urban Single Family Residential zoning district that is intended for single-family development. This subdivision complies with the R-3 zoning which has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 60 feet. The subdivision complies with the zoning for the site. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the State and local subdivision regulations and no variances are being requested. 4 RECOMMENDATION Staff recommends that the Kalispell City Council adopt staff report #KSR-05-1 as findings of fact and approve the preliminary plat subject to the following conditions: 1. That the final plat for the subdivision shall be in substantial compliance with the approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix 111-A. Fire hydrants shall be provided per City specifications at locations approved by this department prior to combustible construction. (Kalispell Subdivision. Regulations, Section 3.20). 3. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and shall be certified by an engineer licensed in the state of Montana. A letter from the Kalispell Public Works Department stating that the new infrastructure has been inspected and approved shall accompany the final plat application. 4. That the shared access for the lots be developed from the existing access on proposed Lot 2 or in accordance with a plan approved by the Kalispell Public Works Department. The shared access shall be paved. (Kalispell Subdivision Regulations, Section 3.09). 5. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 6. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 7. That a note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for the future upgrade of East Center Street to City standards. (Kalispell Subdivision Regulations Section 3.09, A) S. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 9. That preliminary plat approval shall be valid for a period of three years from the date of city council approval. (Kalispell Subdivision. Regulations, Section. 2.04). REPORC`S \ KALI SPELL \ KSR05-1. DOC NW F Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 MINOR SUBDIVISION PRELIMINARY PLAT APPLICATION KALISPELL WHITEFISH COLUMBIA FALLS FEE SCHEDULE: Minor Subdivision ... (5 or fewer lots) Mobile Home Parks & Campgrounds (5 or fewer spaces - Iand is not subdivided) Amended Preliminary Plat Subdivision Variance Commercial Subdivisions FEE ATTACHED: % . �0 SUBDIVISION NAME: �-- OWNER (S) OF RECORD: $350 + 40/lot $350 + 40/space $250 $100 (per variance) Add $200 to base Preliminary plat fee Name � Phone aL- Mailing Address State 1'`re Zip 2 n I a TECHNICALIPROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc.): Name & Address Name & Address Name & Address LEGAL DESCRIPTION OF PROPERTY: City/County ' Street Address F- � -ia: Assessor's Tract No.(s) .,.'11 _ Lot No(s) 1/4 Sec -- Section Township �_ Range_ GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces Total Acreage in Subdivision Total Acreage in Lots Minimum Size of Lots or Spaces 0,) Total Acreage in Streets or Roads Maximum Size of Lots or Spaces Total Acreage in Parks, Open Spaces and/or Common Areas PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family 23 Townhouse Duplex Commercial Condominium Apartment Industrial Multi -Family Mobile Home Park Recreational Vehicle Park Planned Unit Development Other APPLICABLE ZONING DESIGNATION & DISTRICT ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS IMPROVEMENTS TO BE PROVIDED: Roads:Gravel Paved Curb Gutter Sidewalks Alleys Other �� h -- Water System: Individual Multiple User Neighborhood Public Other Sewer System: Individual Multiple User Neighborhood _ , Public Other Other Utilities: Cable TV elephone!Electric Gas Other Solid Waste: Home Pick Up/Central Storage Contract Hauler Owner Haul Mail Delivery: Central. Individual ,f School District:is '. Fire Protection: Hydrants Tanker Recharge Fire District: Drainage System: PROPOSED EROSIION/SEDIMENTATION CONTROL: k -- a�'A sL- (`b VARIANCES: ARE ANY VARIANCES REQUESTED? C\,C?� (yes/no) If yes, please complete the information below: SECTION/REGULATION OF REGULATIONS CREATING HARDSHIP: EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE OF REGULATION PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS 2 PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW: l . 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? 3. Will the variance affect, in any manner, the provisions of any adapted 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? 5. What other conditions are unique to this property that create the need for a variance? 3 APPLICATION CONTENTS: The subdivider shall submit a complete application addressing items below to the Tri- City Planning Office at least thirty five (35) days for Kalispell, and 45 days for Whitefish and Columbia Falls prior to the date of the Planning Board meeting at which it will be heard. Submittals shall include: Preliminary plat application. 2, 12 copies of the preliminary plat for Kalispell and Columbia Falls. Whitefish: 20 copies of the relixnina plat. --.Note that minor plats o to the Planning Board and City Council. 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 Owner List (see example below) Assessor No Sec-Twn-Rn Lot/Tract No Property Owner & 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 signing of this application signifies approval for th present on the property for routine monitoring and and development process. t �. (Applicant) As approved by the TCPS, Effective 3/ I5/04 appropriate action taken. The Tri-City Planning staff to be inspection during the approval (Date) 4