09. Resolution 4875 - Final Plat Approval - East View SubdivisionTri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricit3 ,,centurytel.net
www.tricityplanning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Final Plat for East View Subdivision.
MEETING DATE: April 5, 2004
BACKGROUND: This is a request for final plat approval for East View Subdivision, a
two lot residential subdivision on approximately 0.47 of an acre located on the east
side of Grandview Avenue and north of Sunnyview Lane. The property address is 81
Grandview Drive. There is one single family dwelling on the property and two
outbuildings. One of the outbuildings, an apparent garage, will be located on Lot 1
and will be remodeled into a single family home or removed and replaced with a single
family home. On Lot 2 the existing single family home and other garage will remain
and the home is in the process of being remodeled and upgraded. The property is
zoned R-3, Single Family Residential which has a minimum lot size requirement of
7,000 square feet and a minimum lot width of 60 feet. Both of the newly created lots
comply with the dimensional and development standards for the R-3 zoning district.
Preliminary plat approval for this subdivision was waived by the Tri-City Planning
Office on February 11, 2004 subject to five conditions because the subdivision meets
the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the
Kalispell Subdivision Regulations and detailed in the attached transmittal letter. The
property owner has met the five conditions that are also detailed in the transmittal
letter.
Findings of fact are found in attached staff report KWP-04-2 which review the conditions
of approval and a how they have been met.
RECOMMENDATION: A motion to adopt the findings of fact in the resolution
approving the final plat for East View Subdivision would be in order.
FISCAL EFFECTS: Potential minor positive impacts once developed.
ALTERNATIVES: As suggested by the City Council.
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish •
Final Plat for East View Subdivision
March. 31, 2004
Page 2
Respectfully submitted,
Narda A. Wilson
Senior Planner
Report compiled: March 31, 2004
Chris A. Kukulski
City Manager
Attachments: letter of transmittal
Final plat application and supporting documents
REPORTS \KALISPELL\KWP04-2MEMO. DOC
RESOLUTION NO.4875
A RESOLUTION APPROVING THE FINAL PLAT OF EAST VIEW SUBDIVISION,
DESCRIBED AS LOT 2A OF THE AMENDED SUBDIVISION PLAT OF RESUBDIVISION OF
HENDRICKSON ADDITION NO. 70, SUBDIVISION NO. 102, GOVERNMENT LOT 12 IN
SECTION b, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA.
WHEREAS, John East, the owner of certain real property described above, has petitioned for approval
of the final Subdivision Plat of said property, and
WHEREAS, preliminary plat approval for this minor subdivision was waived on February 11, 2004,
by the Tri-City Planning Office according to Section 2.06 of the Kalispell Subdivision
Regulations subject to five (5) conditions, all of which have been met, and
WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06
(Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision
Regulations of the City of Kalispell, and
WHEREAS, the Tri-City Planning Office has reviewed the proposed subdivision and made a report
(KWP-04-2) to the City Council of the City of Kalispell, said report considering the
criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said
subdivision.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Tri-City Planning Office Report ##KWP-
04-2 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of John East for final plat approval of East View Subdivision
in Section 6, Flathead County, Montana, is hereby approved.
SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall
not be changed by the action.
SECTION IV. That upon proper review and filing of the final plat of said subdivision in the
office of the Flathead County Clerk and Recorder; said premises small be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED
BY THE MAYOR THIS 5TH DAY OF APRIL, 2004.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1.858
March 31, 2004
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
RE: Final Plat Approval for East View Subdivision
Dear Chris:
Our office has received an application for final plat approval from Marquardt &
Marquardt Surveying on behalf of John East, for a two lot residential subdivision.
Preliminary plat approval for this subdivision was waived on February 11, 2004,
subject to five conditions. This property is located on the east side of Grandview
Drive, north of Sunnyview Lane and will create one additional parcel to the north of
the existing residence. The property address is 81 Grandview Drive and is zoned R-3,
Single Family Residential. The existing lot contains approximately 20,473 square feet
(0.47 of an acre) and can be described as Lot 2A of the Amended Subdivision Plat of
Resubdivision of Hendrickson Addition No. 70, Subdivision No. 102, Government Lot
12 in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
Currently this property is developed with a single family residence and has two
outbuildings. One garage will remain with the single family home and the other will
either be converted to a residence or removed and be replaced with a single family
home. This is primarily a residential area with duplexes to the west and townhomes
to the north and the golf course to the east and south. The property is zoned R-3,
Urban Single Family Residential. This zoning district has a minimum lot width
requirement of 60 feet and a minimum lot size requirement of 7,000 square feet. The
newly created lots comply with the dimensional standards of the zoning district.
Our office waived the preliminary plat on February 11, 2004 subject to several
conditions 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:
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
Final Plat for East View Subdivision
March 31, 2004
Page 2
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. Public 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 Kalispell City Council will need to adopt findings of fact for approval found in
attached staff report KWP-04-2 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 the final plat is in substantial compliance with the
preliminary plat that was waived.
+ This condition has been met. The lot in the subdivision complies with the
preliminary plat that was waived.
Condition No. 2. That the lots and existing buildings comply with the development
standards of the R-3 zoning district of the City of Kalispell.
+ This condition has been met. The building and lots in the subdivision complies
with the development standards of the R-3 zoning district. A detailed drawing has
been provided indicating the setback between the chimney wall and common
property boundary to the north.
Condition No. 3. 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
Grandview Drive to City standards.
• This condition has been. met. The required note has been placed on the face of the
plat.
Condition No. 4. A Certificate of Subdivision Approval be obtained from the
Department of Environmental Quality and the Kalispell Public Works Department
stating that municipal water and sewer service are available and will be provided to
both lots.
This condition has been met. See attached MDEQ letter dated March 15, 2004
certifying that the subdivision will be connected to municipal facilities.
2
Final Plat for East View Subdivision
March 31., 2004
Page 3
Condition No. 5. This waiver of preliminary plat approval is valid for three years
and shall expire on February 11, 2007.
• This condition has been met. The final plat was submitted prior to expiration of
the waiver.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
reviewed 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 and the R-3, Urban Single Family Residential zoning designation assigned
to the property.
RECOMMENDATION:
All of the conditions of preliminary plat approval have been adequately addressed.
The staff recommends that the Kalispell City Council adopt the attached staff report
KWP-04-2 as findings of fact and approve the final plat for East View Subdivision.
Please schedule this matter for the next regular city council meeting of April 5, 2004.
You may call acne at (406) 751-1852 if you have any questions regarding this
subdivision.
Sincerely,
Narda A. Wilson, AICP
Senior Planner
NW/MDC
Attachments: Vicinity map
1 opaque mylar
1 reproducible mylar
1 paper copy
Staff Report KWP-04-2
l.tr from Marquardt 8v Marquardt Surveying dated 3/22/04
3
Final Plat for East View Subdivision
March 31, 2004
Page 4
Letter from TCPO for pre plat waiver dated 2/ 11 /04
DEQ approval #E.Q. #04-2289 dated 3/ 15/04
Treasurers Certification dated 3 / 22 / 04
Title Report #460740 from First American Title dated 2/25/04
Consent to Plat from. Provident Financial dated 3/22/04
Detail drawing of site showing compliance with setback
Copy of final plat of lots
C: Marquardt 8. Marquardt Surveying, 285 First Avenue EN, Kalispell, MT 59901
John East, P. 0. Box 1549, Kalispell, MT 59903
Theresa White, Kalispell City Clerk
H: \ FRDO \ REPORTS \KALiSPEL \KW P \ 04 \ KW P-04-2 Itr. DOC
EAST VIEW SUBDIVISION
TRI-CITY PLANNING OFFICE
STAFF REPORT KWP-04-2
REVIEW AND FINDINGS OF FACT
MARCH 3, 2004
A report to the Kalispell City Council for findings of fact for a two lot residential
subdivision. Preliminary plat approval for this minor subdivision was waived on
February 11, 2004, subject to five conditions.
BACKGROUND: This is a two lot residential subdivision in an R-3 zoning district
which will create an additional parcel on the east side of Grandview Drive, north of
Sunnyview Lane. The property is currently occupied by a single family home and two
garages.
A. Applicant: John East
P. O. Box 1699
Kalispell, MT 599031
t406) 249-9941
Technical Assistance: Marquardt &. Marquardt Surveying
285 First Avenue EN
Kalispell, MT 59901
(406) 755-6285
B. Location: The property is located on the east side of Grandview Drive, north of
Sunayview Lane in Kalispell. The property address is 81 Grandview Drive. The
parcel contains approximately 20,473 square feet (0.47 of an acre) and can be
described as Lot 2A of the Amended Subdivision Plat of Resubdivision of
Hendrickson Addition No. 70, Subdivision No. 102, Government Lot 12 in
Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County.
C. Size:
Total area: 0.47 acre (20,473 square feet)
Lot 1: 0.17 acre (7,405 square feet)
Lot 2: 0.30 acre (13,068 square feet)
D. Existing and Adjacent Land Uses: Currently this property is developed with a
single family residence on the proposed Lot 2 (see detail drawing that
demonstrates the structure and lot comply with setbacks). There is a mix of
uses in the area with duplex buildings directly to the northwest, single family
residences to the northeast and southwest, and a golf course to the east
E. Zoning: The property is zoned R-3, Single Family Residential. This zoning
district has a minimum lot width requirement of 60 feet and a minimum lot
size requirement of 7,000 square feet. Both of the proposed lots are in
compliance with the zoning.
F. Relation to Growth Policy: The property is designated as Urban Residential
in the Kalispell Growth Policy 2020. The existing R--3 zoning and the proposed
uses for the site comply with the anticipated development for the area.
G. Utilities:
Water and Sewer:
Electricity:
Telephone:
Gas:
School:
Police:
Fire Protection:
City of Kalispell
Flathead Electric Coop
CenturyTel
Northwest Energy
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.
A. 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 to significantly impact the service provided by the
district. A fire hydrant is located nearly across the street from this property to
the west.
Vegetation and topography: The property is relatively level and has mature
vegetation and landscape that will likely remain.
B. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped in
big game habitat winter range and does not provide habitat to significant
wildlife other than some birds and small animals with occasional deer in the
area.
C. Effects on the Natural Environment: The subdivision will be served by City
of Kalispell water and sewer minimizing impacts to groundwater. There is no
surface water or ground water in the area that can be anticipated to be
impacted when this property is developed. Any impacts on the natural
environment related to this subdivision will be insignificant.
D. Effects o3n, Local Services:
Sewer and Water: The City of Kalispell will provide water and sewer service to
the property and currently serves the existing residence. It will serve the new
residence as well once developed. There are existing water and sewer mains
directly accessible to the site and no new water or sewer mains will be needed
to be extended to service this property.
2
Access and Roads: Access to the site can be obtained directly from Grandview
Drive. This is an existing City street that is owned and maintained by the City
of Kalispell. Due to the substandard nature of the street, this office has
required the applicant waive the right to protest the creation of an SID to
improve the roadway at some point in the future. The additional lot will be
developed with a single family residence. The impacts to the roadways in the
area will be minimal. There are no sidewalks adjacent to this property.
Schools: This property is within the boundaries of School District #5, Kalispell.
This subdivision is residential in nature and will have limited impacts on the
enrollment of the school district and may result in one additional school aged
child being enrolled in the district.
Parks: Parkland dedication is not required for minor 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 will not create additional impacts to 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 subdivision is in the urban area of Kalispell and the area has been
developed to an urban density. This property has not been used for
agricultural purposes in the past and will have no effect on agricultural
activities in the Valley.
F. Compliance with the Kalispell Subdivision Regulations
This subdivision complies with the Kalispell Subdivision Regulations.
Preliminary plat was waived because it meets the waiver criteria provided for
under Section 2.06 of the regulations which include the hallowing: (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 these
regulations, (4) each lot has a suitable building site and there are no
environmental hazards present, (5) municipal water and sewer are adequate and
in place, (6) the subdivision complies with these regulations and zoning
regulations, (7) there is no significant effects anticipated on agriculture and
agricultural water user facilities, local services, the natural environmental wildlife
and wildlife habitat and the public health and safety. This subdivision is in
substantial compliance with the Kalispell Subdivision Regulations.
G. Compliance with the Kalispell Zoning Ordinance: This subdivision complies
with the minimum lot size and lot width requirements of the R-3, Single Family
Residential zoning district. Additionally, the existing home and accessory
structures on the property comply with the required setbacks of the R-3 zoning
district. At the time the other lot is developed, it will be required to be
developed in accordance with the Kalispell Zoning Regulations. The
subdivision complies with the zoning for the property.
RECOMMENDATION
Staff recommends that the Kalispell City Council adopt Staff Report KWP-04-2 as
findings -of -fact for the proposed subdivision and approve the final plat.
H:\FRDO\REPORTS\KALISPEL\KWP\04\KWP-04-2 East View.DOC
MDC
4
2851stAVE. E.N.
rauardt &
Marquardt
urveyi g, Inc.
Tri-City Planning Office
17 Second St, East Suite 211
Kalispell, MT 59901
KALISPELL MONTANA 59901
(405) 755-6285
Fax (406) 755-3055
March 22, 2004
Re: East View Subdivision, Sections 5, Township 28 North, Range 21 West, P.M., M.,
Flathead County, Montana.
Enclosed is the Final Plat application for East View Subdivision. Waiver of Preliminary plat
approval was granted on February 11, 2004. The conditions of approval have been met as
follows:
1. That the final plat is in substantial compliance with the preliminary
plat that was waived.
The subdivision is in conformance with the approved
preliminary plat.
2. That the lots and existing buildings comply with the development
standards of the R-3 zoning district of the City of Kalispell.
A copy of the R-3 zoning regulations are enclosed and the
existing buildings. comply with these regulations.
3. 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 Grandview Drive to City standards.
The note has been placed on the final plat.
4. A certificate of subdivision plat approval be obtained from the Montana
Department of Environmental Quality and the Kalispell Public Works Department
stating that municipal water and sewer service are available and will be provided
to both lots.
The approval is enclosed.
5. This waiver of preliminary plat approval is valid for three years and will expire on
February 11, 2007.
The plat is being filed within the allotted time.
If you have any question please do not hesitate to call our office.
Sincerely,
Debbie Shoemaker
Marquardt & Marquardt Surveying, Inc.
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
February 11, 2004
John J. East
P.O, Box 1649
Kalispell, MT 59903
Phone: (406) 751-1850
Fax: (406) 751-1858
tricityCacenturytel.net
Re: Waiver of Preliminary Plat Approval - Lot 2A of the Amended Subdivision Plat of
Resubdivision of Hendrickson Addition No. 70
Dear John:
This letter is in response to your request for waiver of preliminary- plat approval for a
two lot residential subdivision located on the east side of Grandview Drive in Kalispell.
The entire parcel is approximately 0.466 of an acre and contains a single family home
and two garages currently on site. You propose creating two lots with this property,
one with the existing house and garage to the south and one to the north with the
other garage that will likely be removed at the time of future construction of a single
family home. The property is zoned R-3, an Urban Single Family Residential zoning
district. This district has a minimum lot size requirement of 7,000 square feet and a
minimum lot width of 60 feet. The setbacks in this district are 20 feet in the front and
rear and five feet on the sides. Setbacks are measured from the property boundary to
the eave of the building rather than the building wall. The property can be described
as Lot 2A of the Amended Subdivision Plat of the Resubdivision of Hendrickson
Addition No. 70 located in Section 6, Township 28 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
sewer 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:
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish •
Waiver of Preliminary Plat - John East
February 11, 2004
Page 2
1. That the final plat is in substantial compliance with the preliminary plat that was
waived.
2. That the lots and existing buildings comply with the development standards of the
R-3 zoning district of the City of Kalispell.
3. That a note be place on the face of the final plat that waives protest to the creation of
a special improvement district for the future upgrade of Grandview Drive to City
standards.
4. A certificate of subdivision plat approval be obtained from the Montana Department
of Environmental Quality and the Kalispell Public Works Department stating that
municipal water and sewer service are available and will be provided to both lots.
3. This waiver of preliminary plat approval is valid for three years and will expire on
February 11, 2007.
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
2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding
this matter, please call Narda Wilson, Senior Planner, at this office.
Sincerely,
Thomas R. Jezntz
Planning Director
LETTERS \ WAI VEPP\o4 \EAST.DOC
OWNER- JOHN EAST
PVRPOSC� 5UI ommE
DATE: MARCH 2. 2044
Fames 5!$ 9.b� WiIh Panic mP
Subdivisie
EAST VIEW E
( Being an Amendec
Lot 2 A of The Amend,
Resubdivision of Hendrickson Adc
Government Lot 12, Sectio
Flathead Cou
Of 1
Y ,)
N8552'f3E i24,42'
4
LOT 1
0.17 ACRE
iAl
h
fC
a 2 y
,+rI'.11Wi
"1
w �g5'39'34'E 38.0"
b
tih 0 1
LOT 2
m
0.30 ACRE
I
1
Fvad 5/8' Rrdtt Wlrh AWrtnnum Cw
�, 5iamyed (239341
596'29'25'F jw.°T
xe�ore sva� 1
F-W 513 9 - W lh P50K"SN-OW
( MARQUARDT 7326 51
la
0
x n
p [of.� CO3 � rye s/e R
Legend
O 5,54(M RqU Warn n28 )
5rw.ptd 1 MARQUARpT T326 5 )
Fo d P.ia As FMra
W
ma
1114
M 6—%bbb,
MO
A
. . . . . . . . . . . . . . . . . . . . .
S&Oje, t ProN
... ......
..........
............
...........
.............
....... ....... ....... ...
.............
is
kyj [a] 10111 IM A F.11, 9
m
JOHN EAST
FINAL PLAT — EAST VIEW ESTATES
A 2 LOT SINGLE FAMILY RESIDENTIAL
ON .47 ACRES
IN R-3, A SINGLE FAMILY RESIDENTIAL
'FTT,F.z4 T<wp—n4-2 R r A T. TP. 1 " = I r% 0'
7-
0
Z
SUBDIVISION
DISTRICT
PWT DATE: 3/25/04