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2. Resolution 4811 - Preliminary Plat - Scott SubdivisionREPORT TO: SUBJECT MEETING DATE: Tri-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 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukuls1d, City Manager Preliminary Plat Approval for Scott Subdivision July 15, 2003 BACKGROUND: This is a request for preliminary plat approval of a two lot commercial subdivision south of Lee's Meridian Business Park. This property was annexed to the city at the July 7, 2003 Kalispell City Council meeting and given a zoning designation of B-2, General Business. The total acreage of the property is 1.183 acres which will be subdivided into two lots. Meridian Court will be extended from its current terminus to the south and bisect this property with a lot on either side containing approximately one half acre. This is a minor subdivision that does not require a public hearing before the planning board or the notification of adjoining land owners. The roadway along with the water and sewer currently immediately to the north will be extended to the south boundary of this property. From there, it will be further extended with the development of the Kirk Subdivision which adjoins this property to the south. RECOMMENDATION: A motion to approve the preliminary plat subject to the recommended conditions of approval would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. li*k I,%Y,----- C-QJ�AA'X�� Narda A. ilson Chris A. Kukulski Senior Planner City Manager Report compiled: July 15, 2003 Attachments: Staff report KSR-03-1 and application materials TRANSMIT\KALISPEL\2003 \KSR03-1,.MEMO Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls RESOLUTION NO.4811 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF SCOTT ADDITION NO. 331, MORE PARTICULARLY DESCRIBED AS LOT 10A, HOLLISTER'S MERIDIAN TRACTS, SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Jerry and LaVerne Scott, the owners of certain real property described above, has petitioned for approval of the Subdivision Plat of said properly, 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 (#KPP-033-1) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 21, 2003, reviewed the Tri-City Planning Office Report #KPP-03-1, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report #KPP-03-1 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Jerry and LaVerne Scott for approval of the Preliminary Plat of Scott Addition No. 331, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots and accesses. 2. That all improvements for the subdivision shall be designed and constructed in compliance with the City of Kalispell's Design and Construction Standards. Certification from an engineer licensed in the state of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly. 3. That approval of the water and sewer facilities for the subdivision shall be obtained from the Montana Department of Environmental Quality. 4. That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications of all improvements including sewer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been constructed accordingly. SCOTT MINOR SUBDIVISION TRI-CITY PLANNING OFFICE SUBDIVISION REPORT KSR-03-1 JULY 15, 2003 A report to the Kalispell City Council regarding a request for preliminary plat approval of a two lot commercial subdivision south of Lee's Meridian Business Park recently on property recently annexed to the city and zoned B-2, General Business. BACKGROUND A. Owner/Applicant: Jerry and LaVerne Scott 10 South Meridian Rd. Kalispell, MT 59901 959-444-0801 Technical Assistance: Paul J. Stokes & Associates 343 First Ave West Kalispell, MT 59901 (406)755-8707 Brien Surveying, Inc. P.O. Box 160 Somers, MT 59932 B. Location: The property proposed for subdivision is located south of Lee's Meridian Business Park, west of Meridian Road and north of Second Street West. The property can be described as Lot 10 Hollisters Meridian Tracts located in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Size: Total area: 1.18 acres Lot 1: 0.52 acres Lot 2: 0.40 acres Roads: 0.26 acres D. Nature of the Request: This subdivision will provide an extension of Meridian Court to the south which will be extended to connect with Second Street West with the development of the adjacent Kirk Subdivision. This subdivision creates two commercial lots on property that is undeveloped and was previously located in the County. Once this subdivision and the subdivision to the south have been completed a connected roadway system in this area will be created. Water and sewer will also be extended to serve the newly created lots in the subdivision. E. Zoning: The zoning for this property is zoned B-2, a General Business District. This district has a 7,000 square feet minimum lot size requirement and the minimum lot width is 70 feet. All of the lots within the proposed subdivision subdivision and the types of uses proposed for the site do not present any significant threat of fire. Topo r 2hy: The topography of the site is generally level. Development of the site will give adequate consideration of drainage and vegetation of the setback areas which will provide some on -site retention and absorption areas. Storm sewer improvements may be necessary as part of obtaining final plat approval of this subdivision. Roads and Access: Primary access to the lots within the subdivision will be from a proposed interior roadway constructed to City standards that will be an extension of Meridian Court. A roadway right-of-way reservation to the north in the Lee's Meridian Business Park subdivision anticipated that this roadway would eventually be extended to the south with the ultimate goal of creating a grid street system in the area. Once developed this road will be dedicated to the City and taken over as a City street. Access to all of the lots will be from this newly constructed portion of Meridian Court. Access to of the lots and to the subdivision will be good once the roadway has been constructed. B. Effects on Wildlife and Wildlife Habitat: Minimal impacts to wildlife and wildlife habitat can be anticipated as a result of this subdivision. The properties he within a developed urban area of Kalispell. C. Effects on the Natural Environment: There are not obvious environmental constrains associated with this property and it is not in the 100 year floodplain nor near other surface water which might be negatively impacted by the development of this site. D. Effects on Local Services: Sewer: This property will be served by the City of Kalispell sewer which has been extended to the northern boundary of the property and will serve the lots within the subdivision. Sewer will have to be designed and constructed in accordance with the design specifications of the City of Kalispell at the developers expense. Adequate capacity exists within the Kalispell sewage treatment system to accommodate the additional needs created by this subdivision. Water: City water lies to the north of this property within the right-of-way of Meridian Court. Water will be needed to be extended to the southern portion of this property in accordance with City standards and to provide adequate fire flows for additional hydrants if needed. The new facilities will be required to be reviewed and approved by the Kalispell Public Works Department and the Fire Department. Schools: This subdivision is within the boundaries of School District #5, however, no impacts to the school system can be anticipated as a result of this development because of its commercial nature. RECOMMENDATION The staff recommends that Kalispell City Council adopt the staff report KSR 03-1 as findings of fact and grant preliminary plat approval for this subdivision subject to the following conditions: That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots and accesses. 2. That all improvements for the subdivision shall be designed and constructed in compliance with the City of Kalispell's Design and Construction Standards. Certification from an engineer licensed in the state of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly. 3. That approval of the water and sewer facilities for the subdivision shall be obtained from the Montana Department of Environmental Quality. 4. That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications all improvements including sewer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been constructed accordingly. 5. That a common mail facility be located for the subdivision and be approved by the local postmaster. 6. That the fire access and suppression system including the number and location of fire hydrants within the subdivision be reviewed and approved by the City of Kalispell Fire Department for compliance with the Uniform Fire Code. 7. That any areas disturbed during construction be revegetated with a weed -free mix in accordance with a plan approved by the Kalispell Parks and Recreation Department. 8. That the preliminary plat shall be valid for a period of three years from the date of approval. H:\... \03\KSR03-1.DOC Page I of I Tricity Planning Office f" From: "Russ Heaton" <heaton@digisys.net> To: <tricity@centurytel. net> Sent: Sunday, May 25, 2003 4:10 PIVI Subject: Jerry and LaVeme Scott development I have no opposition to their proposal. I own a lot in Meridian Court. Russ Heaton 5/28/0") 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 Fix: (406)751-1858 FEE SCHEDULE: Minor Subdivision (5 or less lots) Condominiums (5 or less lots) land is not subdivided Mobile Home Parks & Campgrounds (5 or less lots) land is not subdivided Amended Preliminary Plat Annexation Subdivision Variance Commercial and Industrial Subdivision SUBDIVISION NAME: SCOTT MINOR RE -SUBDIVISION OWNER(S) OF RECORD: $300 + $25/lot $250 + $25/unit $250 + $25/space $200 $100 + $10/acre $100 (per variance) Add $200 to base preliminary plat fee NAME OF APPLICANT: Jenv & LaVerne Scott MAIL ADDRESS: 10 South Meridian Road CITY/STATE/ZIP:—Kalispell, MT 59901 PHONE: (956) 444-080I INTEREST IN PROPERTY: Owner TECUMCAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name & Address: PAUL J. STOKES & ASSOCIATES 343-IST AVE. WEST KALISPELL MT 59901 Name & Address: BRIEN SURVEYING INC. P.O. BOX 160 SOMERS MONTANA 59932 LEGAL DISCRIPTION OF PROPERTY: City/County: KALISPELL/ FLATHEAD COUNTY Street Address: MERIDIAN ROAD Assessor's Tract No.(s) 0000777179 Lot No.(s) LOT 10A AND TRACT 1113 IN HOLLISTEWS MERIDIAN SUBDMSION Section 13 Township 28N Range 22W SECTION/REGULATION OF REGULATIONS CREATING HARDSHIP: PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: 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? 2. Will the variance cause a substantial increase in public costs? 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? 5. What other conditions are unique to this property that create the need for a variance? 3 LLI CN CN to CID ILO to 00 m � c 0 f V) cc n CD Ln r-)— CN mot- d- Ln Ln to o cn VIM ti m N N li� o Z 03Wzz a Z2NO ui as3 W 4 co Z W �J0 oo zoW3 W F-Zz o Jmn. (!3 m r— M C7 O O v co co c+) O a W zU Q L 52 Z p � J J w O (o ZQ u, JQQ Z � Y O� z � W W a. W U) T m I aOj N Y to m Cl) O O co G L J :1 W d u_ c � QJQ 6 rYLC d Ul r d Q . Ld d J � � d Q F Z d Q d m �QQ QOD d T� Y 0 a z gJ_ 2 t7 z 4 w z O ww dcl Q W W o. 0: 00 aQ Ix U) m M z N O m m w CO N Q w w cr- Q tom) fro O J¢ t0 z ix Q � F Owl z � d IX N(n H J zr'� 0 O I� z Q_jU) Ei -j w < W 1 J � H w N O QU) Q = z J J = J w�a 3",(n = N J M O � o tt) CLM�' Oao-JI a x W do CL ¢ m J cr- CL a ►- 02 w J LO Q w m oaf W cJ�[[ W 2Ya 11 m co rn 0 Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, June 10, 2003 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The board will make a recommendation to the Kalispell City Council who will take final action. 1. A request by Wayne Turner for an initial zoning designation of R-4, Two Family residential upon annexation to the city of Kalispell on approximately 67 acres located at the northeast corner of Three Mile Drive and Stillwater Road. This zoning designation anticipates single family and duplex or townhouse dwellings. The property is currently in the County zoning jurisdiction and is zoned R-2, Residential. A preliminary plat for 347 lots as described below is being filed concurrently with the annexation and zoning request. The property proposed for annexation and zoning can be described as Assessor's Tract 3 located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 2. A request by Wayne Turner for preliminary plat approval of Empire Estates, a 347 lot single family and duplex townhouse subdivision located on the northeast comer of Three Mile Drive and Stillwater Road. This plat would create lots intended for duplex townhouse development on the perimeter of the site and single family lots on the interior of the site. The subdivision would be developed in accordance with City of Kalispell's design and construction standards. The preliminary plat is being submitted in conjunction with the annexation of the property and designation of initial zoning of R-4, Two Family Residential. The property can be described as Assessor's Tract 3 located in Section 1, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by Jerry and LaVeme Scott for an initial zoning designation of B-2, General Business, upon annexation to the city of Kalispell on approximately one acre of property located west of Meridian Road between Meridian Court and Second Street West. The property is currently in the County zoning jurisdiction and is zoned R- 1, Residential. The B-2 zoning designation anticipates commercial development. No development proposal has been presented at this time but a minor subdivision has been filed in conjunction with the annexation request to create two commercial lots on the east and west sides of the extension of Meridian Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • 8. A request by William C. Rice for a conditional use permit to allow the construction of a mini -storage facility on property located on approximately one and a half acres of property located on the west side of Fifth Avenue East, north of 18th Street East approximately 600 feet. Approximately one acre of the property is currently zoned B-2, General Business, which list mini -storage facilities as a conditionally permitted use. In conjunction with this request is a proposal to change the zoning on approximately one half acre on the south end of this property from RA-1, Low Density Residential Apartment, to B-2, General Business, for the purpose of accommodating a portion of the mini -storage units. The property proposed for the mini -storage facilities can be described as the Assessor's Tract 5-2 and the approximate west half of Assessor's Tract 5-5 located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or contact Narda Wilson, Senior Planner, at (406) 751-1850 for additional information. Thomas R. Jentz a Planning Director TCPO - 2003 Zone Change, Variance, Conditional Use, PUD, Annexation & Zoning CERTIFICATION APPLICANT: JERRY & LA VERNE SCOTT TCPO FILE NO: #KA-03-5 / #KSR-03-1 (SCOTT SUBDIVISION) I, the undersigned, certify that I did this date mail a copy of the attached notice to the following list of landowners within 150 feet of the property lines of the property that is the subject of the ap lication. 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