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
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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.
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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.
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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
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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.
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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