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08. Resolution 4897 - Subdivision Variance - Empire Estates Phase 1Tri-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 Chris A. Kukulski, City Manager SUBJECT Empire Estates Phase 1, Lots 1 through 5, Block 11 - Subdivision Variance MEETING DATE: June 7, 2004 BACKGROUND: This is a request for a variance to the Kalispell Subdivision Regulations for Lots 1 through 5, Block 11 of Empire Estates Phase 1. This request has been filed concurrently with the application for final plat approval of this the first phase of this subdivision. Upon review of the final plat application and subdivision plat, it became apparent that the final plat did not comply with the approved preliminary plat or the Kalispell Subdivision Regulations that prohibits the creation of through lots otherwise known as "double frontage" lots. The property is located on the east side of Stillwater Road and north of Three Mile Drive approximately one half mile. The developers are asking for a variance to Section 3.06 (I) which states "Through lots or reverse lots are prohibited except where essential to provide separation of residential development from traffic arteries or to overcome specific topographic or orientation difficulties." In order to gain approval of the final plat, a variance to the subdivision regulations is required to allow the double frontage lots The Kalispell City Council granted preliminary plat approval for Empire Estates Subdivision on June 7, 2003 subject to 18 conditions. Phase 1 of Empire Estates Subdivision has been submitted for final plat approval which plats 16 single family lots and 50 sublots on approximately 14 acres. Included in the first phase of the final plat is an approximately 1.748 acre City park. When this property was annexed to the city in June of 2003 it was given an initial zoning designation of R-4, Two Family Residential, which intended for single family and duplex development. This minimum lot size requirement is 6,000 square feet and the minimum lot width is 50 feet. Setbacks are 15 feet in the front and side corner, 10 feet in the rear and five feet on the sides. The reconfiguration of the lots was necessitated in order to insure that all of the lots in the subdivision comply with the minimum lot size and minimum width standards of the R-4 zoning district, a condition of preliminary plat approval. The developers are proposing an easement on the east side of the lot thereby limiting access to the western street. The limited access eliminates potential problems or hazards that could be a potential problem with dual or through access to the lots. Risk to the Providing Community Planning Assistance To: • City of Kalispell - City of Whitefish • City of Columbia Falls Empire Estates Subdivision Variance June 1, 2004 Page 2 public health, safety and general welfare would not be beyond other single frontage, single access lots. RECOMMENDATION: Based on the finings in staff report KZV-04-1, staff is recommending that the city council grant the variance to the subdivision regulations subject to a condition for a landscape and no access easement on the east boundaries of Lots 1 through 5, Block 11, Phase 1 of Empire Estates. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Narda A. Wilson Senior Planner Minor positive impacts once fully developed. As suggested by the city council. Report compiled: June 1, 2004 Chris A. Kukulski City Manager c: Theresa White, Kalispell City Clerk Wayne E. Turner, 3300 Hwy 2, West, Kalispell, MT 59901 Sands Surveying, 2 Village Loop, Kalispell, MT 59901 Attachments: Staff report KZV-04-1 and application materials Vicinity map Final plat Preliminary plat TRANSMIT\KALISPEL\2004\KZV4-1 RESOLUTION NO.4897 A RESOLUTION GRANTING A VARIANCE TO THE PRELIMINARY PLAT OF EMPIRE ESTATES SUBDIVISION, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD COUNTY, MONTANA. WHEREAS, On July 7, 2003 the Kalispell City Council passed Resolution No. 4806 approving the preliminary plat of Empire Estates Subdivision; and WHEREAS, as a part of the subdivision approval process the Empire Estates Subdivision is required to comply with the Subdivision Ordinances of the City of Kalispell located at Title 28 of the Kalispell City Code; and WHEREAS, at Chapter 3, Section 3.06 of the Subdivision Ordinance, Empire Estates Subdivision is prohibited from creating Through Lots or Reverse Lots "except where essential to provide separation of residential development from traffic arteries or to overcome specific topographic or orientation difficulties"; and WHEREAS, a reconfiguration of some of the lots of the Empire Estates Subdivision was necessitated in order to insure that all of the lots complied with the minimum lot size and minimum width standards of the R-4 zoning district. This reconfiguration created "double frontage" lots at lots 1 through 5, Block 11, of the subdivision which are prohibited by Ordinance 28.3.06 set forth above; and WHEREAS, Tri-City Planning Office Staff report KZV-04-1 dated June 1, 2004, reviewed this specific situation and recommended certain findings of fact be made by Council and further recommended that Council grant this variance to the Empire Estates Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION L The findings of the Tri-City Planning Office Staff report KZV-04-1 dated June 1, 2004 are hereby adopted by Council as its Findings of Fact. SECTION II. The Empire Estates Subdivision, Lots 1 through 5, Block 11 are granted a specific variance from Ordinance 28.3.06 on the condition that the plat contain a note along the eastern boundary of Lots 1 through 5, Block 11 that denotes a 15 foot landscape buffer and no access strip. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF JUNE, 2004. Pamela B. Kennedy ATTEST: Mayor Theresa White City Clerk EXHIBIT "A" Empire Estates Legal Description Property can be described as being the West half of the Southwest Quarter of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Subject to and together with a 60'County road known as Stillwater Road. EMPIRE ESTATES SUBDIVISION PHASE 1 TRI-CITY PLANNING OFFICE STAFF REPORT KZV-04-1 REVIEW AND FINDINGS OF FACT SUBDIVISION VARIANCE JUNE 1, 2004 This is a report to the Kalispell City Council for findings of fact for a variance to the Kalispell Subdivision Regulations, Section 3.06(I). BACKGROUND: The Kalispell City Council granted preliminary plat approval for Empire Estates Subdivision on June 7, 2003 subject to 18 conditions. Phase 1 of Empire Estates Subdivision has been submitted for final plat approval which plats 16 single family lots and 50 sublots on approximately 14 acres. Included in the first phase of the final plat is an approximately 1.748 acre City park. A. Petitioner and Owners: Technical Assistance: Wayne E. Turner 3300 Hwy 2 West Kalispell, MT 59901 (406) 257-1682 Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 (406) 755-6581 B. Location: The property is located on the east side of Stillwater Road and north of Three Mile Drive approximately one half mile. The property can be described as an approximately 14 acre portion of Assessor's Tract in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County. C. Nature of the Request: This subdivision variance applies to Lots 1 through 5, Block 11 of Empire Estates Phase 1. Upon review of the final plat application and subdivision plat, it became apparent that the final plat did not comply with the approved preliminary plat or the Kalispell Subdivision Regulations that prohibits the creation of through lots otherwise known as "double frontage" lots. Section 3.06(I) states that "Through lots or reverse lots are prohibited except where essential to provide separation of residential development from traffic arteries or to overcome specific topographic or orientation difficulties." In order to gain approval of the final plat, a variance to the subdivision regulations is required to allow the double frontage lots. D. Zoning: When this property was annexed to the city in June of 2003 it was given an initial zoning designation of R-4, Two Family Residential, which intended for single family and duplex development. This minimum lot size requirement is 6,000 square feet and the minimum lot width is 50 feet. Setbacks are 15 feet in the front and side corner, 10 feet in the rear and five feet on the sides. E. Compliance with the Kalispell Subdivision Regulations: This subdivision does not comply with the Kalispell Subdivision Regulations. The Kalispell Subdivision Regulations prohibits the creation of through lots otherwise known as "double frontage" lots. This variance has been addressed below: Variance to Section 3.6 ( I ) "Through lots or reverse lots are prohibited except where essential to provide separation of residential development from traffic arteries or to overcome specific topographic or orientation difficulties." " • The developer is requesting a variance to these standards to allow the creation of five lots that have frontage on in both the east and west creating a "double frontage" lot. Evaluation of the Variance Request The Kalispell Subdivision Regulations provide for the granting of variances subject to the adoption of findings outlined under Section 1.31(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. The applicant proposes designating a 15 foot landscape and no access easement on the east side of the lot thereby limiting access to the western street. The limited access eliminates potential problems or hazards that could be a potential problem with dual or through access to the lots. Risk to the public health, safety and general welfare would not be beyond other single frontage, single access lots. 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. • The configuration of the lots was necessitated in order to insure that all of the lots in the subdivision comply with the minimum lot size and minimum width standards of the R-4 zoning district, a condition of preliminary plat approval. 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. • The location of the roadways serving the subdivision and the Kalispell Bypass corridor located to the east of this phase, create difficulties in lot, road and subdivision configuration. This is most easily addressed through the design being proposed for these lots and leads to the most efficient use of space and available land on this site. 4. The variance will not cause a substantial increase in public costs. • There can be no foreseen costs that would be passed on to the public as a result of granting this variance since all of the public infrastructure within the subdivision will be owned and maintained by the City regardless of the configuration of these lots. 5. 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. RECOMMENDATION Staff recommends that the Kalispell City Council adopt the findings in staff report KZV-04-1 and approve the variance to the subdivision regulations subject to the following condition: 1. That a note be placed along the eastern boundary of Lots 1 through 5, Block 11 that denotes a 15 foot landscape buffer and no access strip. H: A FRDO \REPORTS\ I-DISPEL\KZV04-1 NW 3 VARIANCES: ARE ANY VARIANCES REQUESTED? Yes (yes/no) If yes, please complete the information below: SECTIONIREGULATION OF REGULATIONS CREATING HARDSHIP: CHAPTER 3, SECTION .06, (1) "THROUGH LOTS OR REVERSE LOTS ARE PROHIBITED EXCEPT WHERE ESSENTIAL TO PROVIDE SEPARATION OF RESIDENTIAL DEVELOPMENT FROM TRAFFIC ARTERIES OR TO OVERCOME SPECIFIC TOPOGRAPHIC OR ORIENTATION DIFFICULTIES." EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE OF REGULATIONS: DUE TO ENLARGEMENT OF LOTS WITHIN BLOCK 10 (CHANGED AFTER THE APPROVAL OF THE PRELIMINARY PLAT), SEVERAL LOTS IN BLOCK 11 HAD TO BE RECONFIGURED AS THEY COULD NOT MEEET THE R-4 ZONING MINIMUM LOT SIZE. THE LOTS IN BLOCK 11 ARE THEREFORE LARGER BUT SEVERAL ARE FRONTED ON BOTH THEIR EAST AND WEST BOUNDARIES BY INTERNAL SUBDIVISION ROADS. IT IS THE INTENT OF THE DEVELOPER THAT THE LOTS ARE ACCESSED FROM THE WEST SIDE AND THAT ACCESS WILL BE PROHIBITED FROM THE EAST. PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: A LANDSCAPE BUFFER WILL BE CONSTRUCTED ON THE EASTERN EDGE OF THE PROPERTY BOUNDARIES TO PROHIBIT TRAFFIC FLOW FROM THAT DIRECTION. PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW: Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? WITH THE CONSTRUCTION OF THE LANDSCAPE BUFFERS IT WILL BE IMPOSSIBLE FOR HOMEOWNERS TO ACCESS THEIR PROPERTY FROM BOTH DIRECTIONS AS THEY WILL BE RESTRICTED TO A WEST ENTRY ONLY THIS WILL ELIMINATE ANY EXCESS DRIVEWAYS OR TRAFFIC HAZARDS FROM UNAUTHORIZED USE. AS THESE LOTS FRONT INTERNAL SUBDIVISION ROADS TRAFFIC SPEEDS WILL BE MINIMAL AND RISK TO THE PUBLIC HEALTH AND SAFETY APPEARS TO BE MARGINAL. Will the variance cause a substantial increase in public costs? MAY % ' I-J4 f-CITE" L� ji I Will the variance affect, in any manner, 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 CONFINES OF STILLWATER ROAD AND THE PROPOSED KALISPELL BY- PASS LIMITS THE WIDTH OF THE OVERALL SUBDIVISION DESIGN SO THAT ANY ALTERATION OF THE EAST -TO -WEST LENTH OF SUBDIVISION LOTS HAS A SIGNIFICANT IMPACT ON ADJOINING LOT CONFIGURATIONS. 5. What other conditions are unique to this property that create the need for a variance? NONE 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. 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