Loading...
04. Teton Terrace - Schedule Public Hearing - Prelim Plat & CUPFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 November 22, 1995 Fax: (406) 758-5781 Bruce Williams, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 RE: Preliminary Plat and Conditional Use Permit for Teton Terrace Dear Bruce: The Kalispell City -County Planning Board and Zoning Commission held a public hearing on Tuesday, November 14, 1995 to consider the following: A request by the City of Kalispell for Preliminary Plat approval and a Conditional Use Permit to allow a Cluster Subdivision. The project is to be known as Teton Terrace and will contain 26 townhouse lots. The project will utilize a two -unit and three -unit construction design intended for single family ownership. There will be four buildings constructed with the 3-unit design and seven buildings constructed using the 2-unit design. Access would be from Hawthorne Avenue to Teton Court and Iris Court; the project would be connected to City water and sewer. John Parsons, Senior Planner of the FRDO, presented the staff report recommending approval for the preliminary plat. The applicant spoke in favor of the project. No one spoke in opposition. The Planning Board questioned why Esparanza (a subdivision approved in January of 1995 on the same property) was required to have a 60 foot right-of-way and this subdivision was only required to have a 50 foot right-of-way when the road is in the same location. In addition, discussion took place regarding the park in -lieu fee, with regards to why the staff report indicates $15,400 and Condition 9 indicated $5,000. The Board amended Condition 9 to read $12,166, which excludes the area of the road right-of- way for calculating park fees. The Board adopted FRDO Staff Report #KPP-95-04 as findings of fact, and by a 6-1-1 vote recommended that the request for Preliminary Plat and Conditional Use Permit be approved subject to 16 Conditions of Approval as amended. This recommendation is forwarded to the City Council for final action. Please contact the Board or FRDO if you have any questions. Respectfully submitted, KALISPELL CITY-COUN��T��Y PLANNING BOARD AND ZONING COMMISSION Therese Fox Hash President TFH/JJP/dh Providing Community Planning Assistance To: * Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish Bruce Williams, City Manager City of Kalispell Re: Preliminary Plat and Conditional Use Permit for Teton Terrace November 22, 1995 Page 2 Attachments: FRDO Report KPP-95-04/KCU-95-5 & Attachments Site Plans Minutes to follow under separate cover c w/o att: Michael W. Fraser Thomas, Dean & Hoskins 690 N. Meridian, Ste. 101 Kalispell, MT 59901 ...\KPP94-4.KCU FLATHEAD REGIONAL DEVELOPMUM OFFICE PRELMNARY PLAT REPORT.r ,, , i.., CONDMONAL USE REPORT #KCU-95-0 TETON TERRACE NOVEMBER'' A report to the Kalispell City -County Planning Board and Zoning Commission and City Council regarding a request for Preliminary Plat Approval and a Conditional Use Permit to subdivide and construct 26 single-family residential units in a townhouse configuration with one common area. A public hearing has been scheduled before the Kalispell City -County Planning Board for Tuesday, November 14, 1995, in the Council Chambers, City Hall, 312-1st Avenue East. A recommendation will be forwarded to the Kalispell City Council for final action. A. APPLICANT/OWNER City of Kalispell 312 1st Avenue East PO Box 1997 Kalispell, MT 59903 B. SIZE AND LOCATION The subject property is located approximately 1,000 feet north of Two Mile Drive on the west side of Hawthorne Avenue in Kalispell. The property is approximately four (4) acres and has direct access from Hawthorne Avenue. The legal description of the property is Lot 6 of Porta Villa #3. C. MUEST The applicant is requesting approval of a single family subdivision and a conditional use permit to allow the construction of seven buildings utilizing two -unit attached single story design and four buildings utilizing three -unit attached two story design. The proposal is for single family ownership of the townhomes with each property owner owning 1/26 of the common area. The common area includes driveways, landscaping, and a tot -lot play area. The development incorporates a through road (Teton Avenue) with curb, gutter, and sidewalks with 36 foot of improved road surface in a 50 foot right-of-way. In addition, a spur road (Iris Court) extends north from Teton Avenue to the private road of Hawthorne West subdivision where an emergency access gate would be installed. his Court would have the same improvements as Teton Avenue. The subject property is currently zoned RA-1 and is vacant. To the north is zoned City RA-1 with townhouse residences, to the west is zoned County R-1 and is vacant pasture, to the south is zoned City RA-1 with duplexes, and to the east is zoned City RA-1 with townhouse residences. Porta Villa #3 is a subdivision creating Lots 1 through 6, and was approved in 1977. Lots 1 - 5 have been developed as duplexes. In 1978 and 1979 Hawthorne West I, H, and III (townhome lots) were approved as amendments to Lot 6 of Porta Villa #3. In 1985 Hawthorne West Number IV was approved, another amendment to Lot 6 and additional townhouses. Park Place was approved in 1988 (the last time Lot 6 was amended) and are townhouses. In December 1994, the City Council approved a subdivision of this property into 19 lots, each of which could be potentially been developed into a duplex. The subdivision is called Esperanza. F. MASTER PLAN DESIGNATION The Master Plan designates this area as High Density Residential. The proposed use would be in conformance with that designation. The Master Plan permits a maximum density of 40 units per acre, the proposed development would be developed at 6.2 units per acre. G . RELATION TO ZONING REGULATIONS The proposed development conforms with the existing zoning once a Conditional Use Permit has been approved. This report and findings, if approved, includes approval of a Conditional Use Permit for this project. H. RELATION TO SUBDIVISION REGULATIONS The proposed subdivision conforms to the Kalispell Subdivision Regulations with the exception of street width. The Regulations would typically require a 60 foot right-of- way, the applicant is proposing a 50 foot right-of-way. Teton Avenue was required to be extended to provide access to the property to the west. The property to the west, approximately 17 acres, is currently zoned R-1, but would be expected to be developed at a higher density at some time in the future. There currently exists two (2) accesses from Hawthorne Avenue to this 17 acre property, Yellowstone 2 Street and Glacier Street. In addition, this property has approximately 650 foot of frontage directly on Two Mile Drive. Since this 17 acre property has alternative accesses it is recommended that Teton Avenue be permitted to reduce the right-of-way from the normal 60 feet to 50 feet but still be required to provide full improvements including: pavement, curb, gutter, sidewalks behind the curb, and street trees which would be provided behind the sidewalk. Approval of Teton Terrace would supersede any approval for other subdivisions on this property. This would in effect nullify the preliminary plat approval for Esperanza subdivision. 1. COVENANTS The applicant has not submitted covenants with the preliminary plat. This document is being created describing the homeowner's association membership, use and maintenance of the property (including the open space), architectural standards, and the maintenance and ownership of the tot -lot. In addition, it should include the City Council as the approving authority for any amendments (as well as the homeowners association); this because the RA-1 is a multi -family zone and the intent of this development is for single- family, owner occupied dwellings. Maintenance of the driveways and sidewalks would also be outlined in the Covenants since the driveways cross the common area and the sidewalks are in the City right -of- way - The proposed subdivision would have a full range of public utilities and services available, including municipal water and sewer, storm water drainage, garbage collection and fire and police protection, as well as telephone, gas, cable TV, and electricity. K. SITE EVALUATION 1. Site Suitability a. Adequate Useable Space: The developer proposes sublots ranging in size from 2506 square feet to 2967 square feet. The Zoning Ordinance requires a minimum of 2500 square feet for a sublot. All of the lots meet or are over the minimum required by zone. In addition, 1.8 acres of open space is proposed within the development. No indication of ownership or maintenance of that area has been submitted. This should be done on the face of the final plat and included in the covenants. 3 b. d;guate Access: Access to each of the lots will be by internal public street. The project would have access from Hawthorn Avenue to the proposed Teton Ave. The street will be developed to City standards and will include sidewalks. This road is proposed to be developed at a 36-foot width which is considered wide enough for parking on both sides. Individual access to the sublots would be via the driveways from tie internal roads with the exception of townhouse lots 1 and 2. Access to those lots would be from Hawthorne Avenue. Lots 24, 25, and 26 would access Iris Court with an extended driveway. C. Environmental Constraints: The property is level, outside of any floodplain, or other known hazard area. a. Buildings: The construction would be seven buildings utilizing two -unit attached single story design and four buildings utilizing three -unit attached two story design. The proposal is for single family ownership of the townhomes with each property owner owning 1/26 of the common area. The common area includes landscaping and a tot -lot play area. This concept is felt to allow for the best type of home ownership given the requirements of this type of development, those being affordable fast time home buyers with limited incomes. The buildings are designed with two bedrooms and a one car garage. Each of the buildings appear to have adequate separation within the project, and are complemented by the landscaping, sidewalk, and circulation plans. b. Parking Scheme The zoning ordinance requires a minimum of two (2) parking spaces per unit. The project meets this by providing one -car garages with parking for an additional car in front of the garage on the driveway, for a total of two spaces. It should be noted that the parking spot in front of the garage would be partially in the common area. The covenants would need to state that parking is permitted to occur in the common area on the paved driveway surface. Maintenance and replacement of the driveways need to also be included. In addition, with 36 feet of street improvement, additional parking can be provided on the street. C. Q4en Sgace: Buildings would have their own small yards and the open space/common area with an improved tot -lot. d. Fencing/Screenin . The applicants are not proposing any fencing or screening other than that provided by landscaping. 4 f. Landscaping: The City will plant street trees along the interior roads and Hawthorne Avenue where it abuts this project. The developer is also proposing to install landscaping in the common area and develop the tot -lot with play equipment. g, i e: No signage has been proposed; any signage would comply with the City sign ordinance. 3. Availability of Public Services/Facilities: a. hools: The residential project, is within, the jurisdiction of School District #5. Upwards to 26 school age children might be associated with the project. At complete buildout, this will have an affect on the already crowded schools of this District, and may provide added impetus to build an additional school in the District. b. Parks and Recreation: The proposed improvements to the tot -lot do not qualify for the dedication of parkland or paying the in -lieu fee. A cash in -lieu of parkland dedication fee of 11 % of the value of the property before improvements would need to be paid at the time of Final Plat. That fee would be 11 % of $140,000 which equals $15,400. C. Police: The Kalispell Police Department can adequately respond to emergency situations at this location. d. Fire Protection: With the extension of the municipal water line additional fire hydrants can be installed. The Kalispell Fire Department can adequately respond to this area. e. Water: City water would be extended into this property. Sufficient capacity exists. f. Sewer: City sewer would be extended into this property. Sufficient capacity exists. g. Storm Water: A 10 foot drainage easement exists along the western boundary of the project. This would be used for storm water conveyance. h. Solid Waste: The City would provide refuse removal. The existing landfill should be able to accommodate the anticipated generation of solid waste from this development. 5 i. i ads, Teton Avenue and Iris Court would be built and maintained as a City street. This mad is being proposed as a 50 foot right-of-way with 36 feet of roadway improvement. 4. IMMgdiate Neighborhood I=act: The residential project will generate up to 260 daily vehicle trips. These trips will proceed to Hawthorne Avenue which has adequate capacity to handle this traffic load. Increased pedestrian traffic can also be especially pertaining to school children. The lack of sidewalks in this area will increase vehicular/pedestrian hazards. The residential use is not likely to create a nuisance relative to noise. Similar or more land -intensive uses are in the same area. The use is residential in character and will not create a neighborhood problem relative to dust, glare, heat, smoke, fumes, gas, or odors. 5. Immediate Neighborhood Integrity: The proposed use is conditionally permitted by the zoning. The project will not be a new use in the area, but a continuation of the existing land use pattern. 6. LWact on Property Values: The property is located within a larger area that has been developed in a similar manner. Because of the Master Plan, the proposed use is "Predictable", and therefore should not negatively affect property values in the area. L. EFFECTS ON PUBLIC HEALTH AND SAFETY The site is within the urbanizing area of Kalispell. The site is not within a designated 104-year floodplain or high fire area. The site is within the Kalispell service area for police, fire, and ambulance. No significant negative effect is expected. . M. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT The site lies within the urbanizing area of Kalispell. It is not in an area designated as winter range and is not considered prime habitat. There are no known rare or endangered species onsite. No significant negative effect is expected. N. EFFECTS ON THE NATURAL ENVIRONMENT This site would not pose any known impact on the environment because this property is basically flat; development is connecting to City services so no groundwater contamination should occur. No significant negative effect is expected. T O. EFFECTS ON AGRICULTURE The area is within the urbanizing area of Kalispell. The property had been used for agricultural/pasture types of uses in the past but not recently. Development of this property would connect to City services so no impact of water availability to the farmers should exist. No significant negative impact is expected. P. SUMMARY OF FINDINGS The proposed 26-unit project would be located in an RA-1 zone which conditionally allows this type of use. Landscaping will be incorporated throughout. Internal pedestrian and vehicular circulation are adequate. Parking issues should not arise as a result of the adequate roadway improvements. Traffic congestion will increase in the area, and pedestrian hazards are likely to increase due to the sporadic occurrence of sidewalks in the area. The additional children will have an affect on school enrollment. The project is neighborhood compatible with regard to such aspects as use, noise, glare, dust, etc. Q. RECOMMENDATION It is recommended that the Kalispell City County Planning Board and Zoning Commission adopt this report as Findings of Fact and recommend that the City Council grant the requested Conditional Use Permit and approve the Preliminary Plat of Teton Terrace, subject to the following conditions of approval: CONDITIONS OF APPROVAL 1. Development of this property shall be in substantial conformance with the approved Conditional Use Permit site plan and Preliminary Plat. 2. Approval of Teton Terrace supersedes any approval for previous subdivisions at this location. 3. The development shall comply with all subdivision and zoning ordinance requirements. 4. The name of the subdivision on the final plat shall include the information that this is an Amendment of Poraa Villa Number 3, Lot 6. 5. The subdivision shall be approved by the State Department of Environmental Quality. 6. The applicant shall install a mailbox location in conformance to a plan approved by the U.S. Postal Service. 7. The developer shall provide a minimum SO -foot right-of-way for Teton Terrace and Iris Court with improvements to allow for parking on both sides, curb, gutter, sidewalks, and 7 street lights in accordance with the Design and Construction Standards adopted by the City. 8. The developer install improvements in the tot -lot as approved by the City's Parks Department Director. 9. Cash -in -lieu fee of $5,000 be paid to the City for park land. 10. The Covenants be created describing the homeowner's association membership, architectural standards, use and maintenance of the property (open space, driveways, tot - lot, etc.), and maintenance of the sidewalks. In addition, it should include the City Council as the approving authority for any amendments (as well as the homeowners association). 11. On the face of the final plat indicate gross and net acres for each lot. Net acreage to be the area of the lot as outlined on the plat and gross acreage to include 1/26 of the area contained in the common area indicating it as such for taxation purposes. 12. All utilities shall be installed. underground. 13. A storm water drainage plan be submitted to and approved by the City's Public Works Director. 14. Fire hydrants shall be placed in accordance with a plan approved by the City's Fire Chief. 15. The Conditional Use Permit shall terminate with the termination of the preliminary plat if commencement of the project has not begun. Any extension of time granted the preliminary plat shall extend the conditional use permit. 16. The preliminary plat shall expire three (3) years from the date of Council approval. One one-year extension may be granted by Council; any request for extension must be submitted a minimum of 30 days prior to expiration. FA ... tKCU95-05.PP4 E. Cr '--� RosE A000 - ! to •�.� ' Y 3 2f: ri I Z -' 3 A I r 9 31 SAGA J ,. 5 < x 1 /f xC j SAM N S; }'1 ! i OLENwOOO Is- - s SAP ♦ o ! i/ 1 _ < 11 �1 1 - s' tx �� ; I{ Ie /o SwL 5 c �o ' 4 ( OLSCN 1 1 y _ Ty t i IVtST. A00. 1 i' e _ 3 7 i 3 � 13 t4 I3 1 • s rlesAsust it. OORITA A 0 0. NC. i S �! t j �� 1 L srArs VILLA 81KII E K- p 1 � 't •� s®o0111 VALLEY VIEW x' + 9 to16- F13 11 ACQ ii' A PA �-`r1 _ N'S � `'�T�E3 a 11ll LAMMr F iN �1 » VILLAGE �ijmcm s ' �1 HAWTHO N A t ;3 ;y a < 0%1 '!_A w �v N N r, 11 �� i� 4A•a 4CAlN! aWG CT. xaaNTap, � �--+) 'Nrs- III ,HAWTHOR Tl L— wESTCT ]PROPERTY wF Ref . 94-5 y„ a,.. ,.. � < x Esaeranza ' 3 Jt18fLE`: 4.7 5CEA ax: c ZI! 2NA Or S3 ,3 e 3 � ? 4 • ti tl ' t x 31 4 1 5 <w ' S1 Scot-i I AS 5 -1 A LSD (SUNS tIR^ c s 51 4 1 3 t t 5 Y S'C $ A PORTA VELL I I� + �: a WA s' 91 I01 to: I R a 3 U eA c 1 —1SC a me C L AC t E a ST. sT Si ' 3G SF SE i 5 C a Lt ILI at AND. !PLAT G A T E W A Y Am J. Pto: of L.Z of K AL. fAA ac *f the the Aind. W E 5 t A u J. I �a4sfar! a Lt GATt 4A �ar. 54 _I ! A00.3a 1 1rtE3T ADD RA ` GATE'ktAY L.� 34 Ll �w w ;f B 3 x c AMD. PLAT A • 1 L 2 of the. AMD. PLAT of the It AMD. FLAT of Wly PORT)oa of GATEWAY 0o i E5, SUBURBAN A99RICAMMAL TRACT 2MA NW18*4eir 400.ae, H A W T H 0 R Nf' A V E N U E I AI A ------ ---- olilli a n El x 0 ;o S2 Ell -P4 I m --3 tZI a) m -3 .. < 0 ::a M 0 � 0 r: 0 0 Cl) 0 �a MOW 0 F 0 CP > 0 Z LO C 17C� ray 7 � o n F % o o kto Cil cn 0 CA w IR15 COURT c% 0 z 00MMUNfly z z C� -3 C/) n z -7u&ao z A la Z -M`4el HMOs ......... ...... ... ... H A W T H 0 R N fr A V E N U E lkM 0 " > Z u �5 > k ) > r— Mr m 00 x 4 co M r1Nhit fie it I rL C'n H a LO F71 C) m C4 z jj� ir P-3 -3 CO 40 O 0 Z Z -3 > m m i 0 m w m .A co ca (n — — — — — — — — — — — — -- — I , 1 1 , , �— — — — — — — — — — — — —� i 1 , 1 1 i + i + , 1 + � 1 , 1 ' 1 ' ' 1 , — — — — Q , A � 1 , , , , , Q ' , , , City of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: City of Kalispell ADDRESS: 312 1st Avenue East P. 0. Box 1997 Kalispell, MT 59901 LEGAL DESCRIPTION: Porta Villa #3, Lot 6, Flathead County, Montana OWNER: City of Kalispell ZONE: Low Density Residential Apartment, RA-1 The City of Kalispell, applicant, applied to the City of Kalispell for a conditional use permit to allow the construction of seven buildings utilizing two -unit attached single story design and four buildings utilizing three -unit attached two story design on the property described above. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on November 14, 1995 held a public hearing on the application, took public comment and recommended that the application be approved subject to the conditions as listed in Preliminary Plat Report #KPP-95-04. After reviewing the application, the record, the FRDO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Flathead Regional Development Office, Conditional Use Report #KCU-95-05 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the construction of seven buildings utilizing two -unit attached single story design and four buildings utilizing three - unit attached two-story design, subject to the conditions listed in Flathead Regional Development Office, Preliminary Plat Report #KPP- 95-04. SECTION I. The conditional use permit, herein granted, shall terminate 18 months from the date of issuance if commencement of the authorized activity has not begun. 1 Dated this day of , 1995. Douglas D. Rauthe, Mayor STATE OF MONTANA ) ss County of Flathead ) On this day of 1995, before me, a Notary Public, personally appeared Douglas D. Rauthe, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires 2