2. Resolution 4771 - Final Plat - Subdivision 215Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT: Final Plat Approval for Subdivision 215
MEETING DATE; February 3, 2003
BACKGROUND: This is a one lot residential subdivision which segregates as single
parcel from a larger approximately 11 acre parcel. The remainder parcel to the west
was reviewed and approved as a preliminary plat for Sunnyside Subdivision. There is
an existing house that lies to the west of this parcel that will be part of the Sunnyside
Subdivision. This approximately 0.545 acre parcel is undeveloped and has been used
for occasional grazing in the past. The property lies on the southwest comer of Denver
Avenue and Sunnyside Drive. This property was annexed into the city in January of
2002 for the purpose of connecting to City utilities at the time of development. The
property is zoned R-4, Two Family Residential.
With the recording of this subdivision, a portion of Denver Avenue will be dedicated to
the City of Kalispell as indicated on the plat. Additionally the property owner has
agreed to waive protest to the creation of a special improvement district for the upgrade
of Denver Avenue to City standards when the time comes. Currently this roadway is
approximately 42 feet wide with a pedestrian walkway delineated on the west side of the
road. It is a private road from Lone Pine View Estates Subdivision to Sunmyside Drive
even though it is maintained by the City of Kalispell. This roadway was constructed to
Countystandards with the development of Lone Pine View Estates. The dedication of
this portion of Denver will bring the road one step closer to being owned by the City.
Our office waived the preliminary plat subject to five conditions on May 28, 2002
because it can been found that the subdivision meets the criteria for preliminary plat
approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations.
Findings of fact for approval of the plat are found in attached staff report KWP-03-1
which review the conditions of approval and a how they have been met.
RECOMMENDATION:
Approval of the final plat would be appropriate.
FISCAL EFFECTS:
Potentially minor positive effects.
ALTERNATIVES:
As suggested by the city council.
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
Final Plat for Subdivision 215
January 28, 2003
Page 2
Respectfully submitted
Narda A. Wilson
Senior Planner
Report compiled: January 28, 2003
c: Theresa White, Kalispell City Clerk
C"A,5v�
Chris A. Kukulski
City Manager
attachments: Transmittal letter and application
Staff report KWP-03-1
Plats
H: \REPORTS\... \KWP03-1.DOC
RESOLUTION NO.4771
A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION 215, DESCRIBED AS A
PORTION OF ASSESSOR'S TRACT 8 LOCATED IN SECTION 19, TOWNSHIP 28 NORTH,
RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Owl Corporation, 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 May 28, 2002 by the
Tri City Planning Office according to Section 2.06 of the Kalispell Subdivision
Regulations subject to four (4) 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-03-1) 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 I. That the Findings of Fact contained in Tri City Planning Office Report #KWP-
03-1 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Owl Corporation for final plat approval of Assessor's
Tract 8 located in Section 19, Flathead County, Montana, is hereby approved.
SECTION III. The classification of said premises under the Kalispell Interim 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 shall 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 3RD DAY OF FEBRUARY, 2003.
ATTEST:
TheresaWhite
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) 751-1858
January 28, 2003
Chris Kukulsld, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
RE: Final Plat Approval for Subdivision 215
Dear Chris:
Our office has received an application from Sand Surveying on behalf of Owl Corp for a
one residential subdivision that creates an approximately one have acre lot that fronts
along Denver Avenue. This parcel is a portion of the original tract that received
preliminary plat approval as Sunnyside Subdivision. The property contains
approximately 0.706 acres with 0.545 acres contained within the lot and 0.161 acres
in the Denver Avenue easement. This property is undeveloped and will be connected
to City water and sewer at the time of construction. The property is located on the
southwest corner of Denver Avenue and south of Sunnyside Drive. It was annexed in
January of 2002 and given a zoning designation of R-4, Two Family Residential. The
property can be described as a portion of Assessor's Tract 8 located in Section 19,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
Our office waived the preliminary plat on May 28, 2002 subject to five 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:
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-03-1 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.
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish 0 City of Columbia Falls -
Final Plat for Subdivision 215
January 28, 2003
Page 2
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 driveway access be obtained from Denver Avenue and
any needed improvements be made prior to final plat submittal.
• This condition has been met. There is no existing driveway but the new driveway
will be required to be located along Denver Avenue since Sunnyside Drive is
identified as a collector street.
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 to upgrade Denver Avenue.
• This condition has been adequately addressed. A notarized statement has been
submitted with the final plat and will be recorded to notice future property owner
of this waiver.
Condition No. 4. That a Certificate of Subdivision Approval be obtained from the
Department of Environmental Quality.
• This condition has been met. MDEQ letter dated 5/13/02 certifying that the
subdivision will be connected to municipal facilities has been submitted with the
final plat.
Condition No. S. This waiver of preliminary plat approval is valid for three years
and shall expire on May 28, 2005.
• 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.
Final Plat for Subdivision 215
January 28, 2003
Page 3
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision has been found to be in compliance with the Kalispell Zoning
Ordinance and the R-4, Two 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-03-1 as findings of fact and approve the final plat for Subdivision 215. Please
schedule this matter for the next regular city council of February 3, 2003. You may
call me at (406) 751-1852 if you have any questions regarding this subdivision.
Sincerely,
Narda A. W101 AICP
Senior Planner
NW/
Attachments: 1 opaque mylar
1 reproducible mylar
1 paper copy
Staff Report KWP-03-1
Ltr from Sands Surveying dated 9/30/02
Final plat application not dated
Letter from TCPO for pre plat waiver dated 5/28/02
DEQ approval #E.Q. #02-2344 dated 5/ 13/02
Treasurers Certification dated 1/24/03
Title Report from Sterling Title dated 11/4/02
Waiver to protest SID dated 9/30/02
Location Map
Map showing location of lots
C: Owl Corp, 500 Palmer Drive, Kalispell, MT 59901
Sands Surveying, 2 Village Loop, Kalispell, MT 59901
Theresa White, Kalispell City Clerk
H: \REPORTS \KALISPELL\03 \ KW P3-01 LTR. DOC
SUBDIVISION 215
TRI-CITY PLANNING OFFICE
STAFF REPORT KWP-03-1
REVIEW AND FINDINGS OF FACT
JANUARY 28, 2003
A report to the Kalispell City Council for findings of fact for a one lot residential
subdivision. Preliminary plat approval for this minor subdivision was waived on May
28, 2002, subject to several conditions.
BACKGROUND: This is a one lot residential subdivision which will create an
additional parcel to the north of the existing single family residence.
A. Applicant: Owl Corporation
500 Palmer Drive
Kalispell, MT 59901
(406) 752-4666
Technical Assistance: Sands Surveying
2 Village Loop
Kalispell, MT 59901
(406) 755-6480
B. Location: The property is located on the southwest corner of Denver Avenue and
Sunnyside Drive. The parcel contains approximately 0.706 acres and 0.161 in
roadway. It can be described as a portion of Assessors Tract 8 located in Section
19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
C. Size:
Total area: 0.706 acre (30,753 square feet)
Lot 1: 0.545 acre (23,749 square feet)
Denver Avenue ROW: 0.161 acre (7,013 square feet)
D. Existing and Adjacent Land Uses: This property is undeveloped and was
previously used for grazing. The existing uses in the immediate area are
primarily single family homes with a pending subdivision to the west, Sunnyside
Subdivision that will be a mix of single family and duplex townhomes. Currently
this property to the west is undeveloped with the exception of a single family
residence immediately to the west of this site.
D. Zoning: The property was zoned R-4, Two Family Residential when it was
annexed in January of 2002. This district allows single family dwellings and
duplex dwellings as permitted used. The minimum lot size requirement in the R-
4 district is 6,000 square feet and a minimum lot wide of 50 feet.
E. Relation to Master Plan Map: The property is designated as Urban Residential
on the Kalispell City -County Master Plan Map. The R-4 zoning and the density
and lots in the subdivision comply with the master plan land use designation.
G. Utilities:
Water and Sewer:
Electricity:
Telephone:
School:
Police:
Fire Protection:
City of Kalispell
Flathead Electric Coop
CenturyTel
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 the significantly impact the service provided by the
district. A fire hydrant is located immediately to the north of this property at
the intersection of Sunnyside Drive and Denver Avenue.
Vegetation and topography: The property is relatively flat and has historically
been used for grazing purposes.
B. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped 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. Ashley Creek
lies to the east of Denver Avenue but no significant impacts can be anticipated
as a result of this subdivision. Any impacts on the natural environment related
to this subdivision will be insignificant.
D. Effects on Local Services:
Sewer and Water: The City of Kalispell will provide water and sewer service to
the lot in this subdivision once it is developed. One additional connection to
the City system is anticipated. No significant impacts are anticipated to the
City with regard to water and sewer services as a result of the creation this
subdivision.
Roads: Access to the site will be provided directly from Denver Avenue. A
portion of Denver Avenue is privately owned and a portion of it is owned by the
2
City but the entire roadway is maintained by the City since the City maintains
the roads in Lone Pine View Estates to the south of this site. The roadway
adjoining Lone Pine View Estates to the east is owned by the City of Kalispell
and was dedicated with the planning of that subdivision. The area between
Lone Pine View Estates and Sunnyside Drive is under private ownership
including that portion of the road that fronts along this subdivision. That
portion of the roadway owned by this property within the Denver Avenue
roadway will be dedicated to the City of Kalispell with the filing of this plat. An
agreement will be filed with the clerk and recorders office waiving protest to
upgrading the roadway to City standards as provided for in the Kalispell
Subdivision Regulations.
Schools: This property is within the boundaries of School District #5, Kalispell.
This subdivision is anticipated to create potentially one additional school -age
child for this 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 on the urban fringes of Kalispell and the area has been
developed to the east to an urban density. The area to the west will be
developed with an urban density subdivision. This property has been used for
residential purposes in the past and is not large enough to be used for
agricultural purpose. This subdivision will have not effect on agricultural
activities in the Valley.
G. 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 following: (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
3
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.
H. Compliance with the Kalispell Zoning Ordinance: This subdivision exceeds
the minimum lot size and lot width requirements of the R-4 zoning district and
the existing dwelling exceeds the setbacks requirements as well. The
subdivision complies with the zoning for the property.
RECOMMENDATION
Staff recommends that the Kalispell City Council adopt Staff Report KWP-03-1 as
findings -of -fact for the proposed subdivision and approve the final plat.
REPORTS\2003\KALSPELL\KWP03-1
c'
Tri-City Planning office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
FINAL PLAT APPLICATION
roject Name: ��t fJ�� V s� �%� 21`5
:ontact Person:
fame: 6and5 -GUYVeVlnG.In(
.ddmss: Z- Vi ll oae Loop
{'a' h6 e p , M r 5gi907
'hone No.: 755" � b l
)ate of Preliminary Plat
Owner & Mailing Address:
OWL Coro
500 palm o_✓
Ka l ST!, M T 599o)
ype of Subdivision: Residential ✓ Industrial _Commercial _PUD _Other
lo. of Lots Proposed Parkland (acres)
,and in Project (ac.) i0to Cash -in -Lieu $
Exempt
cc
BILLING FEE ATTACHED $ 1
Minor Subdivision with approved preliminary plat $300 + $25/lot
Major Subdivision with approved preliminary plat $500 + $25/lot
Subdivisions with Waiver of Preliminary Plat $450 + 5 t
Subdivision Improvements Agreement 50
Not
lttached Applicable (MUST CHECK ONE)
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
V, Tax Certification (Property taxes must be paid)l)
V7— Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
Maintenance Agreement
Plats: 1 opaque OR 2 Mylars
1 Mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
I'he plat must be signed by all owners of record, the surveyor and examining land surveyor.
and individus
plat aPpr-ova1, required,
of prelim where documentation is Hal letter-,
each condition cases lcation, etc., s are in PlaCe'.,
er, whsclr lists been met. In f ePle,e imPTOvemeRts ar
has specifically
ion stating, 10T tion da
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ing stadffdevelopment p1Oc Clerk
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Please be advi
I Plat aPP
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meTks) 51tati'� Drawing Interchange
File IDXF) format O1 an putoCAD file
of the final Plat in layers:
digital cn fisting °f the following
bound of subdivision
Exterior U bundaries Ora
corner °f the Public land survey SY,sten
2. Lot or park
3 Easem o trs1gAts_of-way subdivision comer
4. A tie to either an existing
5.
A. approved by il'e TCPB on
E{ective 1( l (02
2
Tri-City Planning Office
17 Second Street East -Suite 211
Kalispell, Montana 59901
May 28, 2002
Erica Wirtala
Sands Surveying, Inc.
2 Village Loop
Kalispell, MT 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
Re: Waiver of Preliminary Plat Approval - Subdivision No. 215
Dear Erica:
This letter is in response to your request on behalf of Owl Corporation
preliminary plat approval a one lot subdivision located on
Drive and west of Ashley Creek of 0.543 acres. It is a]
0.163 acres would be dedicated to the City of Kalispell
right-of-way for Denver Avenue. The property can be
Assessors Tract 8, in Section 19, Township 28 North
County, Montana.
the south side
so noted that
as part of an
for waiver of
of Sunnyside
an additional
existing road
described as a portion of
Range 21 West, Flathead
Our office can find that the proposed subdivision meets the preliminary plat waiver criteria
as provided for under 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:
1. That the final plat is in substantial compliance with the preliminary plat that was
waived.
2. That the driveway access be obtained from Denver Avenue rather than Sunnyside Drive
and any needed improvements be made prior to final plat submittal.
3. That a note be placed on the face of the final plat that waives protest to the creation of a
special improvement district to upgrade Denver Avenue.
4. That a certificate of subdivision approval be obtained from the Montana Department of
Environmental Quality.
Providing Community Planning Assistance To:
City of Columbia Falls a City of Kalispell • City of Whitefish
Waiver of Preliminary Plat Owl Corp.
May 28, 2002
Page 2
5. This waiver of preliminary plat approval is valid for three years and shall expire on May
28, 2005.
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,
` .17� k
Thomas R. Jentz
Planning Director
LE1TERS\WAIVEPP\02\SUBk215.DOC
Montana Department of
ENviRoNmjENTAL 4
. "�
Judy Martz, Governor
P.O. Boa 200901 a Helena, MT 59620-0901 • (406) 444-2544 o Website: www.deq.state.mt.us
May 13, 2002
Environmental Consulting Inc
2 Village Loop
Kalispell MT 59901
Dear Ms Wirtala:
RE: Subdivision #215
Municipal Facilities Exclusion
EQ#02-2344
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Quality relating
this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-124, MCA, th
subdivision is not subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water
disposal of sewage are proposed {76-4-111 (3), MCA) . Construction of water or sewer extensions prior
approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter
This file has been given to the Water Protection Bureau for their review.
Sincerely,
Janet Skaarland
Compliance Specialist
Subdivision Section
Water Protection Bureau
(406) 444-1801 — email jskaarland@state.mt.us
cc: City Engineer,
County Sanitarian
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