4. Resolution 4864 - Preliminary Plat - Terrace View EstatesTri-City Planning Office
17 Second StreetEast — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel.net
www.tricitypianning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Terrace View Estates Preliminary Plat on the North Side of
East California Street
MEETING DATE: March 1, 2004
BACKGROUND: This is a request by Gardner Investments for preliminary plat
approval of a four lot residential subdivision located on the north side of East
California Street between 51n Ave EN and 6 Ave EN. This four lot residential
subdivision proposes four single family residential lots. A request for an initial zoning
designation of R-3, Urban Single Family Residential, and P-1, Public,has been filed
concurrently with the subdivision proposal. The subdivision contains approximately
8.43 acres. Approximately 6.824 acres lies in the 100 year floodplain adjoining an
existing City park that would be dedicated to the City of Kalispell. The remaining
1.607 acres would be split into four lots lots. As proposed there would be two lots
fronting on California Street and two lots on the bluff overlooking the river. The two
single family homes along the bluff would be accessed via a 24 foot wide private drive
and the lots fronting on California would have individual driveways. Water and sewer
will also be extended to serve the newly created lots in the subdivision and the new
portion of the road that will be developed will be dedicated to the City of Kalispell once
completed. There is a variance request to the road requirements that would allow the
two lots to the north to be accessed via a shared access road.
This property was initially proposed for development as a planned unit development
(PUD) that included two duplex townhouses where the two single family lots front on
California are located. The neighbors opposed the duplexes and felt that all of the
new development should be single family. The public hearing was postponed in
January 2004 to the February 2004 meeting because the developers were unable to
get to Kalispell due to weather conditions. Between the January and February
planning board meetings, the developers met with the residents of the neighborhood
and responded to their concerns by converting the two duplex townhouse lots to two
single family lots. Because the creation of five or fewer lots is considered a minor
subdivision, it does not come before the planning board but directly to the city
council. The major subdivision and PUD was withdrawn and the planning board
considered just the initial zoning upon annexation, proposed as R-3 and P-1.
At the public hearing held before the planning board, the developer explained they felt
they could make the project work with the single family homes. Several of the
neighbors spoke and expressed their gratitude to the developer for listening to their
Providing Community Planning Assistance To. -
City of Kalispell • City of Whitefish • City of Columbia Falls
Terrace View Estates Preliminary flat
February 25, 2004
Page 2
concerns and accommodating them. They had no objection to the project has it has
been revised.
RECOMMENDATION: A motion to adopt the resolution approving the preliminary
plat subject to the recommended conditions would be in order.
FISCAL EFFECTS:
ALTERNATIVES:
Respectfully submitted,
Narda A. Vilson
Senior Planner
Minor positive impacts once fully developed.
As suggested by the city council.
Report compiled: February 25, 2004
Chris A. Kukulski
City Manager
c: Theresa White, Kalispell City Clerk
Gardner Investments, P.O. Box 958, Kalispell, MT 59903
Jackola Engineering, P.O. Box 1134, Kalispell, MT 59903
Attachments: Staff report KSR-04-2 and application materials
Preliminary plat
Vicinity map
TRANSMIT\ KALISPEL\2003\KSR042
RESOLUTION NO.4864
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
TERRACE VIEW ESTATES, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S
TRACT 23A+ LOCATED IN SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Gardner Investments, LLC and Duo Corp Construction, the owners of certain real
property described above, have 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-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
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of March 1,
2004, reviewed the Tri-City Planning Office Report #KSR-04-2, 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-04-2 are hereby adopted as the Findings of Fact of the City Council.
SECTION 11. That the application for the preliminary plat of Terrace View Estates,
Kalispell, Flathead County, Montana is hereby approved subject to the
following conditions:
1. That the final plat for the subdivision shall be in substantial compliance with approved
preliminary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat)
2. That the plans and specifications for all public infrastructure be designed and installed in
accordance with the Kalispell Design and Construction Standards and a letter shall be obtained
stating that they have been reviewed and approved by the Kalispell Public Works Department.
(Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section. 3,01),
3. Minimum fire flows shall be in accordance with Unifozn-i 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).
4. That a letter be obtained from the Kalispell Parks and Recreation Department stating that the
landscape plan has been reviewed and approved for the placement of trees and landscaping
materials within the five foot landscape boulevard developed between the curb and the
sidewalk. (Kalispell Subdivision Regulations, Section 3.11).
S. That the approximately 6.824 area designated on the plat as "park" shall be accepted by the
City of Kalispell. (Kalispell Subdivision Regulations. 3.19).
6. The private road within the subdivision shall be named and signed in accordance with the
policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices
Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell
Subdivision Regulations, Section 3.09).
7. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
8. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
3.09(L)).
9, All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
10. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
11. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
12. 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 III. 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 1 ST DAY OF MARCH, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
TERRACE VIEW ESTATES
TRI-CITY PLANNING OFFICE
SUBDIVISION REPORT KSR-04-2
FEBRUARY 25, 2004
A report to the Kalispell City Council regarding a request for a preliminary plat
approval for four lot residential subdivision..
BACKGROUND INFORMATION: A request for an initial zoning designation of R-3,
Urban Single Family Residential and P-1, Public, has been filed concurrently with this
subdivision.
A. Petitioner and Owners:
Technical Assistance:
Gardner Investments, LLC.
P.O. Box 958
Kalispell, MT 59903
(406) 752-7682
Duo Corp Construction
1829 Stag Lane
Kalispell, MT 59901
(406) 257-7350
Jackola Engineering & Architecture
P.O. Box 1134
Kalispell, MT 59903
(406) 755-3208
B. Nature of the Request: This is a request for a four lot residential subdivision
that proposes four single family residential lots. A request for an initial zoning
designation of R-3, Urban Single Family Residential, and P-1, Public, with a
Planned Unit Development overlay has been filed concurrently with the
subdivision proposal. The subdivision contains approximately 8.43 acres.
Approximately 6.824 acres lies in the 100 year floodplain adjoining an existing
City park that would be dedicated to the City of Kalispell. The remaining 1.607
acres would be split into four lots lots. As proposed there would be two lots
fronting on California Street and two lots overlooking on the bluff. The two single
family hoaxes along the bluff would be accessed via a 24 foot wide private drive
and the lots fronting on California would have individual driveways.
C. Location of Property: The site is located on the north side of California St.
between Fifth Avenue EN and Sixth Avenue EN in an unincorporated area of
Kalispell. The property is described as Assessors Tract 23A+ in Section. 8,
Township 28 North, Range 21 Nest, P.M., M., Flathead County, Montana.
D. Size:
Total area: 8.43 acres
Lot 1: 19,858 sq. ft.
Lot 2: 16,629 sq. ft.
Lot 3 19,296 sq. ft.
Lot 4: 14,224 sq. ft)
Area in lots: 1.607 acres f 70,008 sq. ft.)
Park area: 6.824 acres (297,246 sq. ft.)
E. Existing land use and zoning: The site contains approximately 0.67 of an acre
of developable land at grade with East California Avenue. The remaining acreage
in the subdivision is characterized by steep slopes down to the Stillwater River,
marshlands, backwater and 100 year floodplain. The property is undeveloped
with the exception of an abandoned building historically used as an "icehouse"
which would be required to be removed prior to developing the lots. The existing
zoning is County R-1 Suburban Residential, which has a minimum lot size
requirement of one acre. The proposed zoning is City R-3 Single Family
Residential, which has a minimum lot size requirement of 7,000 square feet and
a minirnurn lot width of 60 feet.
F. Adjacent Land Uses and Zoning: The general land use character of the area is
single-family residential to the south and west, and undeveloped riparian area to
the north and east.
North: Stillwater River and 100 year floodplain, County R-1 zoning
South: Single-family residential, City R-3 zoning and City RA-1 zoning
East: Whitefish Stage Road, County R-4 zoning
West: Single family residential, City R-3 zoning
G. Proposed Availability of Utilities/Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
Private Hauler (for five years)
Electric:
Flathead Electric
Phone:
Centurytel
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Natural Gas:
Northwest Energy
Cable:
Bresnan. Communications
Schools:
School District #5, Kalispell
COMMENTS MOM THE SITE DEVELOPMENT REVIEW COMMITTEE
This matter carve before the site development review committee on December 31,
2003 to discuss the annexation and subdivision. This was the site of the former
Chokecherry PUD which has been redesigned. It appears that the developer Will have
to extend a water main and they may need a hydrant. The City may share in the cost
to have the water main looped. There were no serious concerns about slope failure
because of the setback from the top of the bank which was a serious concern in the
past. Access to the site to the buildings at the north is adequate for the fire
department because the private access road is less than 150 feet
REVIEW AND FINDINGS OF FACT
This application is reviewed as a major 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 meets City
standards. The area where the homes will be constructed will not have steep
slopes or woody fuels. Water mains will be required to 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 Ill -A. Fire hydrants shall, be provided per City specifications at
locations approved by the fire department, prior to combustible construction.
Fire department access will be required to be provided in accordance with
Uniform Fire Code ( 1997) Article 9. There was some concern by the fire
department and public works department that the waterline may need to be
looped in order to gain adequate water pressure to meet the needed fire flows
for the hydrants.
Flooding: The northern portion of the site which comprises approximately
6.824 acres is an oxbow / backwater of the Stillwater River and will be
dedicated to the City of Kalispell for incorporation in to the City's park system
with Lawrence Park. No development is proposed in the area which lies at the
bottom of a steep bank. All of this area is located in the 100 year floodplain
and although this is important riparian and wildlife habitat associated with the
property, there is not development potential and no development is proposed.
Access. Access to the to Jots along California Street will be directly from East
California Avenue via individual driveways. There will be an internal private
access road approximately 24 feet wide that will access the two single family
homes to the north along the bluff. The internal access road will like
approximately midway between the two approaches to the duplexes. There will
be three accesses along East California Avenue. The internal private access
road will be privately owned and maintained. There is lack of pedestrian access
along East California Avenue. With the development of this subdivision the
staff is recommending that a curb, landscape boulevard and sidewalk be
installed for the full length of this property.
B. ]Effects on Wildlife and Wildlife Habitat: This upper portion of the site where
the homes are being proposed is generally level and very little disturbance to
fragile area along the steep slopes or within the 100 year floodplain area to the
north will be made. The dedication of the park area to the City will provide
protection to the riparian area and wildlife habitat and insure that this area is
property conserved and protected.
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C. Effects on the Natural Environment:
Surface and groundwater: This subdivision will be served by public water and
sewer thereby zxziniming any potential impacts to the groundwater. The
surface water to the north within the 100 year floodplain that is part of the
Stillwater River backwaters will be protected from impacts and disturbance
during construction and will ultimately be dedicated to the City of Kalispell and
made part of the City park system and combined with Lawrence Park to the
west.
Drainage: The area where the homes will be located is general level and do 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 are. The drainage plan will have to comply with
the City of Kalispell's standards and State standards and will be required to be
designed by a professional engineer.
D. Effects on Local Services:
Water: Water service to the subdivision would be provided by the City of
Kalispell and extended from a water main that lies to the west of this
subdivision along Sixth. Avenue EN. The water inain may be required to be
looped to another main that lies to the west near Fifth Avenue EN. The City of
Kalispell Public Works Department will work with the developer to address the
issue of providing water service to the subdivision and the provision of
adequate axe pressure for hydrants. This will depend on the fire flows that can
be obtained and whether they will meet the requirements of the Uniform Fire
Code. The water system will be completed prior to final plat submittal. The
water system for the subdivision will be reviewed and approved by the Kalispell
Public Works Department and the Kalispell Fire Department 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 with an extension
of existing sewer mains from their existing location to the south within the
right of ways of Fifth Avenue EN, Sixth Avenue EN and the alley between them.
There is no sewer line currently within the right of way of East California
Avenue that would be adjacent to this property. Design and construction of
the mains will be reviewed and approved by the Kalispell Public Works
Department. There is adequate capacity within the sewage treatment plan to
accommodate this development.
Roads: Traffic projections for this subdivision are estimated to be
approximately 40 additional vehicle trips per day based on the estimate of 10
vehicle trips per residence per day in the area into the area. There will be some
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 two school
aged children might be generated into the district at full build out. This
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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 Open Space: The state and local subdivision regulations exempt
minor subdivisions from have parkland / open space requirement. However,
the developer is proposing that the approximately 6_824 acres within the
Stillwater River drainage be dedicated to the City. The City and staff view this
as important riparian habitat and will provide for the long-term conservation of
important wildlife habitat and protection of wildlife areas. Lawrence Park, a
well developed City park, lies in close proximity to this subdivision and can
provide good recreational opportunities to the residents of the subdivision..
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
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, the fire department is recommending that access to the subdivisions
and the hydrants are in place prior to final plat approval and / or use of
combustible materials in construction.
Solid Waste: Solid waste will be handled by a private hauler and taken to the
Flathead County Landfall. There is sufficient capacity within the landfill to
accommodate this 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 two
miles from the site.
E. Effects on Agriculture and agricultural water user facilities: The site has
not been traditionally used for agricultural purposes and well suited for urban
residential development. Its location within the planning jurisdiction and its
proximity to urban services makes this property prime for the type of
development being proposed. There will be relatively 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.
Relation to the Kalispell Growth Policy: This property is in the Kalispell
Growth Policy's potential utility service area and is anticipated for this type 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 on the area proposed for development. Areas designated as
Urban Residential are anticipated to be served by community water and sever
and have good access to services and public facilities. This land use
5
designation anticipates a density of two to 12 dwelling units per acre. The area
to the north that is proposed for parkland dedication and is in the 100 year
floodplain is designated in the growth policy as Public. This subdivision is in
compliance with the Kalispell Growth Policy and its goals and policies.
G. Compliance with Zoning: This property has been proposed to be zoned R-3,
an Urban Residential district that is intended for single-family residential
development and P-1, Public for the park area to the north. This property
complies with the proposed R-3 zoning which has a minimum lot size
requirement of 7,000 square feet and a minimum lot width of 60 feet. The lots
are proposed for single family residential development which is a permitted use
in the district. The project complies with the zoning for the site-
H. Compliance with the Kalispell Subdivision Regulations: This subdivision
does not comply with the Kalispell Subdivision Regulations Section 3.08,
Access, because of the private internal access road that accesses the two single
family residences.
There are special conditions and circumstances that exist that are unique to
this property that are related to the topography and shape of the parcel.
Although this parcel is over eight acres in size the actual usable portion of the
site is limited to approximately 0.67 of an acre with the remaining portion of
the parcel being in the 100 year floodplain or on slopes in excess of 30 percent.
Additionally, the shape of the usable portion of the site lends itself better to a
creative design.
This variance has been addressed below:
Variance to Section 3.08 ( C) "Any public or private street or road providing
ingress to a subdivision shall meet the street design standareds and
specifications stated in Section 3.09 of these regulations."
• The developer is requesting a variance to this requirement to allow the
creation of a 24 foot wide private access way to proposed lots 1 and 2.
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.
There will be a fire department approved access to the lots to the north. The
access would be limited to the two residences and would not have an adverse:
impact on the adjoining properties.
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.
6
The configuration of this property necessitates the configuration of the lot
layout which works best with the private internal roadway. There axe no
satisfactory alternative designs that could be used to comply with the road and
cul-de-sac standards.
3. Because of the particular physical surroundings, shape or topographical
conditions of the speck property, a particular hardship would result as
distinguished by a mere inconvenience if the strict letter of the regulations
were enforced.
There are constraints associated with the physical, topographical and shape of
this property that tend to dictate a configuration of the lots. It would be nearly
impossible to redesign the subdivision to comply with this standard.
Additionally, the more creative design of the subdivision makes better overall
use of the space available for development.
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.
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 for the Variance: Based on the above findings the staff would
recommend this variance be granted.
RECOMMENDATION
Staff recommends that the Kalispell City Council adopt staff report #KSR-04-2 as
findings of fact approve the preliminary plat subject to the following conditions:
RECOMMENDATION
Staff recommends that the Kalispell City Council adopt staff report #KSR-04-2-03-16
as findings of fact approve the preliminary plat subject to the following conditions:
1. That the final plat for the subdivision shall be in substantial compliance with
approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C - Final
Plat)
2. That the plans and specifications for all public infrastructure be designed and
installed in accordance with the Kalispell ?resign and Construction Standards
and a Ietter shah be obtained stating that they have been reviQwed and approved
by the Kalispell Public Works Department. (Kalispell Subdivision Regulations,
Chapter 3, Design Standards, Section 3.01).
3. Minimum fire flows shall be in accordance with Uniform Fire Code (1997)
Appendix III -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).
4. That a letter be obtained from the Kalispell Parks and Recreation Department
stating that the a landscape plan has been reviewed and approved for the
placement of trees and landscaping materials within the five foot landscape
boulevard developed between the curb and the sidewalk. (Kalispell Subdivision
Regulations, Section 3.11).
5. That the approximately 6.824 area designated on the plat as "park" shall be
accepted by the City of Kalispell_ (Kalispell Subdivision Regulations. 3.19),
6. The private road within the subdivision shall be named and signed in accordance
with the policies of the Kalispell Public Works Department and the Uniform
Traffic Control Devices Manual and be subject to review and approval of the
Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09).
7. The developer shall provide a letter from the U.S. Postal Service approving the
plan for mail service. (Kalispell Subdivision Regulations, Section 3.22).
S. Street lighting shall be located within the subdivision and shall be shielded so
that it does riot intrude unnecessarily onto adjoining properties. (Kalispell
Subdivision. Regulations Section. 3.09(L)).
9. All utilities shall be installed underground. (Kalispell Subdivision. Regulations,
Section 3.17).
10. That a minimum of two-thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal.
11. All areas disturbed during development of the subdivision shall be re -vegetated
with a weed -free mix immediately after development.
12. 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).
REPORTS � KALIS PELL \ K SRo4-2. DOC
NW
8
APPLICATION FOR MINOR SUBDIVISION PRELIMINARY PLAT APPROVAL
This application shall be submitted, along with all information required by the applicable
Subdivision Regulations and the Montana Subdivision and Platting Act, and the
appropriate fee to:
Tri-City Planning Office, 17 Second St. East, Suite 211
Kalispell, Montana 59901 -Phone: (406)751-1850 Fax: (406)751-1858
FEE SCHEDULE: FEE ATTACHED:_$520.00
Minor Subdivision_ (5 or fewer lots) $300 + 30/lot
Condominiums (5 or fewer units - land is not subdivided) $300 + 30/unit
Mobile Home Parks 8s Campgrounds $300 + 30/space
(5 or fewer spaces - land is not subdivided)
Amended Preliminary Plat $200
Subdivision Variance
Commercial Subdivisions
SUBDIVISION NAME: TERRACE VIEW ESTATES
OWNER(S) OF RECORD:
$100 (per variance)
Add $200 to base
Preliminary plat fee
Name Gardner Investments LLC Phone 752-7682
Mailing City/State 8s
Address: P.Q. Box 958 Zip_ Kalispell,Montana 59903_
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc.):
Name &, AddressJackola Engineering P.O. Box 1134 Kalispell, Mt. 59903_
Name 8, Address
Name &, Address
LEGAL DESCRIPTION OF PROPERTY:
City/ County City
Street Address E. California Street
Assessor's Tract No. (s) 23A Lot No. (s )
1/4 Section SW Section 8 Township 28N Range 21W
GENERAL DESCRIPTION OF SUBDIVISION
4 Lot Single Family Subdivision
Number of Lots or Rental Spaces 4 Total Acreage in Subdivision 8.431 Ac
Total Acreage in Lots 1.607 Ac Minimum Size of Lots or Spaces 14,224 SF
Total Acreage in Streets or Roads 2437 SF Maximum Size of Lots or Spaces 19,853 SF
Total Acreage in Parks, Open Spaces and/or Common Areas 297,258 SF
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family 4 Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial
Condominium _ Multi -Family
Planned Unit Development
Other
APPLICA13LE ZONING DESIGNATION & DISTRICT fi
�jy R-3 and P-1
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS 150 000
IMPROVEMENTS TO BE PROVIDED:
Roads: Gravel
X_Paved
X Curb X Gutter X Sidewalks --_X—Alleys
Other
Water System:
Individual
Multiple User
Neighborhood X Public
Other
Sewer System: -__lndividual
Multiple User
Neighborhood X Public
Other
Other Utilities: --A—Cable
TV
X Telephone
X Electric X Gas
Other
Solid 'Waste: --X-Home Pick Up
Central Storage
Contract Hauler Owner Haul
Mast Delivery: --XL—Central
Individual
School District: Kalispell_
Fire Protection: —X
—Hydrants
Tanker Recharge
Fire District __ Kalispell
Drainage System:
Curb and Gutter into Existin Storm Drain S stern
PROPOSED EROSION/SEDIMENTATION CONTROL:
VARIANCES: ARE ANY VARIANCES REQUESTED? Yes (yes/no) If yes,
please complete the information below:
SECTION/REGULATION OF REGULATIONS CREATING HARDSHIP: SEC. 3.09
TABLE 1
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT
COMPLIANCE OF REGULATIONS: Due to the steep topography_of the site and the
lower wetland conditions, the lame amount of land has only a small amount of sr3ace
to build on. The variance would provide access to Lots 1 and 2 and would not be a
thru street. Jirrm Stewart (Fire Marshal) said there would be no -problem serving this
drive. California Street is -plenly wide enough for access.
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE
REGULATIONS: The only way to adhere to current regulations would be to reduce
the number of units. The Gardner's have 8.4 Acres of land with only 1.6 Acres of
build able space. To reduce the number of units would create a financial hardship.
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?
This variance should have no adverse effect on adjoining roe owners. This
drive is an access only for to living units. There is an extremely lour rate of
traffic on the side streets now and the additional traffic will not create a
problem.
2, Will the variance cause a substantial increase in public costs?
No increase to ublic cost. The street will be_.privately owned and maintained.
3. 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?
Yes topography only allows a small section of land on which to build. The
owners .land value is contingent a on being able to develop to this degree.
5. What other conditions are unique to this property that create the need for a
variance?
Wetlands ace un-usable for building which will be donated to the City for
wetland preservation and/or open sace or arkland.
3
APPLICATION CONTENTS:
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.
Preliminary plat application.
2. 6 copies of the preliminary plat
Whitefish: 20 copies of the preliminary plat. Note that minor plats
Go 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# Sec-Twn-Rng Lot/Tract no. Property Owner 8& 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.
GARDNER I EST ENT, LLC
9&L
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BY =`-/..._� Cam!
(Date)
As approved by the TCPB, Effective S/ I /03
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VICINITY NITY MAP
JOHN & BRENDA VINCENT / DUO CORP DEVELOPMENT
PRELIMINARY PLAT - "TERRACE VIEW ESTATES"
A 6 LOT RESIDENTIAL SUBDIVISION ON 8.43 ACRES
(1.61 ACRES IN LOTS WITH A 6.82 ACRE PARK)
CONSISTING OF 2 DUPLEX/TOWNHOUSE LOTS & 2 SINGLE FAMILY LOTS
CONCURRENT WITH ANNEXATION & PLANNED UNIT DEVELOPMENT REQUEST
FILE # KPP - 03 -16 SCALE 1 " = 350' � \site\kpp 3-3g.dwg
1`5-
TERRACE VIEW ESTATES
VICINITY MAP