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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