2. Butch Clark Sidewalk RequestCity of Kalispell
Planning Department
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1 S50
Fax: (406) 751-185 S
Website: kalispellplanning.com
REPORT To: Kalispell Mayor and City Council
FROAC Thomas R. Jentz, Director
James H. Patrick, City Manager
SUBJECT: Request by Butch Clark to waive a condition of preliminary plat
requiring that sidewalks be installed in a 2 lot townhouse
subdivision. at 1342 Third Avenue East
BATE: November 13, Council work Session
BACKGROUND: Butch Clark purchased a corner lot at 1342 Third Ave. East in
Kalispell. The site contained a single family residence. He is constructing a second
house on this lot now and it is his desire to connect them as a two unit townhouse
and market them appropriately. Because he is creating a townhouse development of
two lots, he is required to file for a two lot subdivision.. Because the project is less than
5 lots and impacts are deemed to be insignificant, the planning department has
waived the requirement for a preliminary plat application and directed Mr. Clark (via
his surveyor Dawn Marquardt) to proceed directly to filing a final plat for council
action. As is typically the case when we waive the preliminary plat review process, we
send out a letter informing the applicant that they are still required to meet all of the
City of Kalispell design and constructions standards and we specifically called out 4
routine conditions. (See attached letter from Sean Conrad dated September 15, 2006.)
Condition #3 requires Mr. Clark to install sidewalks along both Third Avenue East
(approlimately 50 feet) and 14thStreet (approximately 150 feet) immediately adjacent
to the 2 lot subdivision..
Mr. Clark has indicated that sidewalks in this location do not make any sense as they
do not connect to any other sidewalks in the neighborhood. Staff told Mr. Clark that
sidewalks was a standard condition of subdivision approval and that the council had
been asking for sidewalks in these situations whenever a subdivision was proposed.
Mr. Clark said that he was willing to pay a cash payment to a sidewalk fund in lieu of
installing the sidewalks but that it did not make any sense to install sidewalks where
there were no other sidewalks. He also felt a tree might be in jeopardy. Public works
has since indicated that work could be done in the R/ W adjacent to Mr. Clark's
property without endangering any existing trees.
The city does not have a sidewalk waiver fund set up at this time where we could
administratively place the money and waive the requirement nor could the staff
Butch Clark sidewalk waiver
November 3, 2006
Page 2
outright waive the sidewalk condition. Staff suggested that Mr. Clark approach the
council during a work session and see whether or not the council is willing to waive
this condition or as an alternate maintain the sidewalk condition but allover Mr. Clark
to mare a cash payment equivalent to the cost of the sidewalks into a sidewalk waiver
program. Mr. Clark will be attending the November 13 work session to discuss this
matter.
RECOMMENDATIOX., Take Butch Clark's request under advisement and give staff
direction as to hover we should proceed.
FISCAL EFFECTS: Depending on council direction, the outcome should be revenue
neutral.
ALTERRIITATIVES: As suggested by the City Council.
Respectfully submitted,
QA_.
Thomas R. Jentz awes H. Pa 'ck
Director `City Manager
Report compiled: November 3, 2006
Attachment: Letter from Sean Conrad dated September 15, 2006
c: Theresa white, Kalispell City Clerk
City of Kalispell
Planning Department
17 Second Street East, Suite 211
Kalispell, Montana 59901
Telephone: (406) 751-1 S 50
Fax: (406) 751-1 S5 S
website: kalispellplanning.com
September 15, 2006
Debbie Shoemaker
Marquardt and Marquardt Surveying
285 1st Ave E.N.
Kalispell, MT 59901
Re: Waiver of Preliminary Plat Approval -- Lot 6, Block 251, Addition No. 7 to Kalispell
Dear Debbie:
This letter is in response to your request for waiver of preliminary plat for a two lot
residential subdivision located on the northwest corner of the intersection of 3rd
Avenue East and 14th Street East in Kalispell. The property contains approximately
7 110 square feet with a duplex currently under construction on the property. The
proposed subdivision would divide the duplex creating two sublots each of which
would be approximately 3,555 square feet. The property is zoned R-4, Two Family
Residential, which has a minimum lot width of 50 feet and a minimum lot size of
6,000 square feet. The property can be described as Lot 6, Block 251, Addition No. 7
to Kalispell located in section 17, Township 28 North, Range 21 west, P.M.M.,
Flathead County, Montana.
Our office can find that the proposed subdivision meets the preliminary plat waiver
criteria as provided for under Section 2.06 of the Kalispell Subdivision Regulations.
Specifically it meets the following criteria: (1) the subdivision contains five or fewer lots,
(2) there is no dedication of streets or public or private parkland, (3) that the lots have
legal and physical access conforming to the subdivision regulations, (4) each lot has a
suitable building site and there are no environmental hazards present; (5) municipal
sewer and water are adequate and in place; (6) that the subdivision complies with the
subdivision and current zoning regulations, and (7) that there will be no significant
impact on agriculture, agricultural water users, local services or the natural
environment.
Due to the relatively minor impacts that this subdivision poses, this office grants
preliminary plat approval subject to the following conditions:
1. That the final plat is in substantial compliance with the preliminary plat that was
waived.
Lot b, Block 2 51, Addition No. 7 to Kalispell Pre -Plat Waiver
September 15, 2006
Page 2
2. That a note be placed on the face of the final plat that waives protest to the creation
of a special improvement district for the future upgrade of streets in the area to city
standards.
3. Sidewalks meeting Kalispell's Design and construction Standards shall be installed
along the property boundaries of both 3rd Avenue East and 14th Street East.
Design and construction plans shall be reviewed by the Kalispell Public Works
Department. Removal of any trees within the right-of-way because of the required
sidewalk installation shall be approved by the Kalispell Parks and Recreation
Department prior to removal. Any new trees required by the Parks and Recreation
Department to be planted within the right-of-way shall be paid for by the property
owner.
4. This waiver of preliminary plat approval is valid for three years and will expire on
September 15, 2009.
Recent phone conversations with the owner indicate that he does not support condition
3 requiring the installation of sidewalks and possibly new street trees along either of
both 3rd Avenue East and 14th Street East. The process for the owner to remove
condition number 3, because it is part of the Kalispell Design and Construction
Standards, would be to write a letter to the city council requesting waiver of condition
#3 and state reasons why the condition is not appropriate. A copy of the letter should
go to Jim Patrick, city Manager and to our office. The city would then schedule the
issue at a workshop prior to the next regular city council meeting so the owner's
concerns can be presented prior to council action. Workshops are typically held the
Monday before the council meeting.
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 Sean Conrad, Senior Planner, at this office.
Sincerely,
Thomas R. Jentz
Planning Director
H:IFRDO\LETTERSIWAIVEPP2006 LOT f,BLK 251 KALISPELL ADD TDDC