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07. Resolution 4336 - Lantis Subdivision - Preliminary PlatAgenda -June 16, 1997 AGENDA ITEM 7 - RESOLUTION 4336-LANTIS SUBDIVISION -PRELIMINARY PLAT BACKGROUND/CONSIDERATION: The FRDO report for the Lantis Subdivision Preliminary Plat is enclosed for your review. Since this is fewer than a six lot subdivision, the Planning Board does not act upon this request. The Council is the only agency of approval for this process. RECOMMENDATION: FRDO's recommendations are on Page four of this report. Approval is recommended for this Preliminary Plat with ten recommended conditions. I concur with the approval recommendation and with the ten conditions outlined. ACTION REQUIRED: Approval of the Preliminary Plat can be completed by passage of RESOLUTION 4336. RESOLUTION NO. 43-35— A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE LANTIS SUBDIVISION, FLATHEAD COUNTY, MONTANA. WHEREAS, Lantis Enterprises, the owner of certain real property known as the Lantis Subdivision located between Three Mile Drive and Liberty Street approximately one-half mile West of Meridian Road and more particularly described as Assessor's Tract 5AM located in Section 12, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana has petitioned for approval of the subdivision plat of said property, and WHEREAS, The proposed subdivision plat of said property is subject to the provisions of Section 2.7 (Summary Subdivision Review), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of the Lantis Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of June 16, 1997, reviewed the FRDO Report #KSR-97-1, reviewed the recommendations of the Kalispell City - County Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest, and WHEREAS, the City Council has based its findings upon the following findings of fact: A. EFFECTS ON HEALTH AND SAFETY: Fire: The risk of fire in this area is low because this is a generally urban area with good access and lack of fire hazards in the area. TTgraphv: The topography of the site has moderate slopes from the North to the South. The grades are between five and eight percent in some areas. Development of the site will need to consider these grades and construct the building accordingly. j\wp\res\Lantis -1- Roads: Primary access to the site will be from Three Mile Drive with a secondary access from a private road that will be constructed as part of this subdivision from Liberty Street. Access to the site is adequate. 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 lie on the urban fringes of Kalispell and it is anticipated that this area will continue to experience significant growth. C. EFFECTS ON THE NATURAL ENVIRONMENT: Potential erosion and storm water runoff could present significant problems because of some of the slopes on the site. The developer submitted preliminary engineering plans during the conditional permit review process which designated an on -site detention area in the Southwestern corner of the property. This drainage plan will ultimately need to be reviewed and approved by the Kalispell Public Works Department prior to construction. The drainage detention area is important to avoid impacts to the adjoining property owners to the South. D. EFFECTS ON LOCAL SERVICES: Sewer: Sewer service will be provided by the City of Kalispell. The developer will have to extend the necessary lines as required by the Kalispell Public Works Department. There is adequate capacity with the Kalispell sewage treatment system to accommodate the additional needs created by this subdivision. Water: The City of Kalispell will provide water service to the lots in accordance with the design specification of the City of Kalispell. Water hook-up fees will be assessed at the time of connection. There is adequate capacity within the Kalispell water system to accommodate this proposed subdivision. Schools: This subdivision is within the boundaries of School District #5 and elementary school aged children would attend Russell School. Russell School has experienced intense growth j\wp\res\Lantis - 2 - pressures over the past several years because of the amount of multi -family and single-family developments within its school district boundaries. If these lots are developed with personal care facilities as intended, there will be minimal impact to the school. If, for some reason, these lots are not developed as intended, but rather developed as multi -family units, this would further strain Russell School's ability to provide a quality educational environment for their students. Parka: This subdivision is being treated as a minor subdivision and therefore would not be subject to parkland dedication requirements. P_Qlice Prot ion: The site is served by the Kalispell Police Department. There would be limited impacts on the Police Department and adequate service will be able to provided. Hire Protection: This property is served by the City of Kalispell Fire Department. Minimal impacts to the Fire Department can be anticipated as a result of this subdivision. Refuse Disposal: Once the property is developed, the City of Kalispell will provide solid waste disposal for the residents. Adequate space at the County landfill is available for the solid waste which will be generated by the subdivision. Medical Services: Kalispell Regional Hospital is approximately two miles from the site. Kalispell ambulance serves this area and access is good. E. EFFECTS ON AGRICULTURE AND AGRICULTURAL WATER USERS FACILITIES: Residential development is anticipated in this area. No impacts to agriculture or agricultural water users facility are anticipated as a result of this subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the application of Lantis Enterprises for approval of the Preliminary Plat of the Lantis Subdivision, more particularly described as Assessor's Tract 5 AM located jlwp\res\Lantis - 3 - in Section 12, Township 28 North, Range 21 West, P.M.M., 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 roadways. 2. That the Certificate of Subdivision Approval be obtained from the Department of Environmental Quality for water and sewer service to the lots. 3. That the roadway from Liberty Street be constructed in accordance with the City of Kalispell's design and construction standards for paved roads and that a letter from a professional engineer licensed in the State of Montana certify that the road has been constructed accordingly. 4. That the road providing access from Liberty Street be privately owned and maintained for year-round use. 5. That the property owner shall provide a cul-de-sac which meets the City of Kalispell's subdivision standards at the terminus of the road providing access fro Liberty Street or that the internal roadway system between Liberty Street and Three Mile Drive be completed prior to final plat approval. 6. That an approach permit be obtained from the Kalispell Public Works Department for access onto Liberty Street and that the terms and conditions of the permit be met prior to final plat approval. 7. That an approach permit be obtained from the Flathead County Road Department for access onto Three Mile Drive and that the terms and conditions of permit be met prior to final plat approval. 8. That an easement be placed on the Southwest corner of the property for on -site storm water detention. 9. That the following notes shall be placed on the face of jiwp\res\Lantis -4 - the final plat: a. All house numbers shall be placed to be visible from the road, either at the driveway entrance or on the building. b. That the road from Liberty Street to Lot 1 is a privately owned and maintained road open to public use. C. That an engineered drainage plan be approved by the Kalispell Public Works Department prior to the issuance of a building permit. SyX-T-ION-1I. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION III. That this preliminary plat should be effective for three (3) years following passage of this Resolution. An extension may be granted for an additional year. SECTI9.N_IV. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF KALISPELL, THIS DAY OF , 1997. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council j\wp\res\Lantis - 5 - Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 May 23, 1997 Clarence Krepps, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Preliminary Plat for Lantis Subdivision Dear Clarence: Enclosed is Staff Report KSR-97-1 for a two lot residential subdivision in northwest Kalispell. The parent tract is approximately 5.70 acres in size. Lot 1 contains 2.67 acres and Lot 2 contains 3.03 acres. The property is zoned RA-1, Low Density Residential Apartment. The property can be described as Assessor's Tract 5AM in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The City Council previously approved a conditional use permit to allow two 32 unit personal care facilities on the property in October of 1996. The property is being 4-, proposed for subdivision for lending purposes and would not effect the terms of the conditional use permit. This information is being forwarded to you to be scheduled for the June 16, 1997 City Council. Please contact me if you have any questions regarding this matter. Sincerely, Narda A. Wilson, AICP Senior Planner go Attachments: FRDO Report #KSR-97-1 w/ application materials c: w/Att: Debbie Gifford, Kalispell City Clerk Lands Ent., Ray Ames, 4755 Colo Blvd., Spearfish, S.D. 57783 Larsen Eng., P.O. Box 2071, Kalispell, MT 59901 H: \... \TRANSMIT\ 1997 \KPP971 Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • LANTIS SUBDIVISION FLATHFAD REGIONAL DEVELOPMENT OFFICE SUBDIVISION REPORT #KSR-97-1 MAY 20, 1997 A report to the Kalispell City Council regarding a request for preliminary plat approval of a two lot subdivision in an RA-1, Low Density Apartment zoning district. • A. Owner/Applicant: Lands Enterprises Attn: Ray Ames P.O. Box 699 Spearfish, S.D. 57783 Technical Assistance: Larsen Engineering & Surveying, Inc. P.O. Box 2071 Kalispell, MT 59903 (406)752-7808 B. Location: The lots proposed for subdivision are located between Three Mile Drive and Liberty Street approximately one-half mile west of Meridian Road. The property can be described as Assessor's Tract 5AM located in Section 12, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Size: Total area: 5.70 acres Lot 1: 2.67 acres Lot 2: 3.03 acres D. Nature of the Request: A conditional use permit has been granted by the Kalispell City Council for this property to allow the construction of two 32 unit personal care facilities. This permit was granted on October 21, 1996. The applicant is requesting to be able to create two parcels from the existing parcel primarily for financing purposes. At this time, only one unit will be constructed. If the market prevails for their service, the second unit will be constructed. The proposed subdivision would not impede the ability of the property owner to meet the conditions attached to the conditional use permit. E. E7dsting Land Use: This property is currently undeveloped although previously approved for the construction of two personal care facilities under Conditional Use Permit #KCU-96-8. F. Adjacent Land Uses and Zoning: Single-family residences he to the north, east and west of this site. Multi -family uses he to the south. North: Single family residential uses, R-4 and R-1 zoning; East: Single family and two family residential uses; R-4 and R-1 zoning; South: Multi -family, two-family, personal care facility, RA-1 zoning; West: Single-family residential uses, R-1 zoning. Zoning: The zoning for this property is RA-1, a Low Density Residential Apartment district. The minimum lot size requirement for this district is 6,000 square feet. Both of the lots exceed this minimum requirement. As previously noted, this parcel has been approved for two 32 unit personal care facilities. Approval of the proposed subdivision would not effect the construction of the facilities. Relation to Master Flan Dap: This property lies within the Kalispell City - County Planning jurisdiction as a transition between high density residential and urban residential. This subdivision is in compliance with that land use designation. O it{I T'A Water: City of Kalispell Sewer: City of Kalispell Electricity: Pacific Power and Light (underground) Telephone: PTI Communications (underground) Solid Waste: City of Kalispell Fire: City of Kalispell Schools: School District #S, Russell School Police. City of Kalispell This application is reviewed as a minor subdivision in accordance with State statutory review criteria and the Kalispell Subdivision Regulations. A. ♦ }s. on Health and Safet:2 Fire: The risk of fire in this area is low because this is a generally urban area with good access and lack of fire hazards in the area Topogra shy: The topography of the site has moderate slopes from the north to the south. The grades are between five and eight percent in some areas. Development of the site will need to consider these grades and construct the building accordingly. Roads: Primary access to the site will be from Three Mile Drive with a secondary access from a private road that will be constructed as part of this subdivision from Liberty Street. Access to the site is adequate. 2 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 on the urban fringes of Kalispell and it is anticipated that this area will continue to experience significant growth. C. Effects on the Natural Environment: Potential erosion and storm water runoff could present significant problems because of some of the slopes on the site_ The developer submitted preliminary engineering plans during the conditional permit review process which designated an on -site detention area in the southwestern corner of the property. This drainage plan will ultimately need to be reviewed and approved by the Kalispell Public Works Department prior to construction. The drainage detention area should be indicated as an easement on the final plat. The drainage detention area is important to avoid impacts to the adjoining property owners to the south. D. Effects on Local Services: Sewer: Sewer service will be provided by the City of Kalispell. The developer will have to extend the necessary lines as required by the Kalispell Public Works Department. There is adequate capacity with the Kalispell sewage treatment system to accommodate the additional needs created by this subdivision. Water: The City of Kalispell will provide water service to the lots in accordance with the design specifications of the City of Kalispell. Water hook-up fees will be assessed at the time of connection. There is adequate capacity within the Kalispell water system to accommodate this proposed subdivision. Schools: This subdivision is within the boundaries of School District #5 and elementary school aged children would attend Russell School. Russell School has experienced intense growth pressures over the past several years because of the amount of multi -family and single-family development within its school district boundaries. If these lots are developed with personal care facilities as intended, there will be minimal impact to the school. If, for some reason, these lots are not developed as intended, but rather developed as multi -family units, this would further strain Russell School's ability to provide a quality educational environment for their students. Parks: This subdivision is being treated as a minor subdivision and therefore would not be subject to parkland dedication requirements. Police Protection: The site is served by the Kalispell Police Department. There would be limited impacts on the police department and adequate service will be able to be provided. Fire Protection: This property is served by the City of Kalispell Fire Department. Minimal impacts to the department can be anticipated as a result of this subdivision. Refuse Disposal: Once the property is developed, the City of Kalispell will provide solid waste disposal for the residents. Adequate space at the County landfill is available for the solid waste which will be generated by the subdivision. Medical Services: Kalispell Regional Hospital is approximately two miles from the site. Kalispell ambulance serves this area and access is good. E. Effects on Agriculture and Agricultural Water Users Facilities: Residential development is anticipated in this area. No impacts to agriculture or agricultural water users facility are anticipated as a result of this subdivision. F. Compliance with Master Plan The Kalispell City -County Master Plan Map designates this area as High Density Residential Urban Residential which anticipates a density of eight to 40 dwellings per acre. This subdivision complies with the master plan map designation and with the goals, policies and objectives as they relate to housing. G. Compliance with Zoning Regulations This property is zoned RA-1 which is a Low Density Apartment district that requires a minimum of 6,000 square foot minimum lot size requirement for duplex lots and 3,000 for each unit over a duplex. The lots within the subdivision exceed this requirement. A note should be placed on the face of the plat which requires that these lots be used for a townhouse development and that in the event one or both of the units is destroyed by fire, that it shall be rebuilt within the original footprint. The preliminary plat appears to be in substantial compliance with the State and City Subdivision Regulations. The Flathead Regional Development Office would recommend that Kalispell City Council adopt the Staff Report #KSR 97-1 as findings of fact and grant preliminary plat approval for this subdivision 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 roadways. 4 2. That the Certificate of Subdivision Approval be obtained from the Department of Environmental Quality for water and sewer service to the lots. 3. That the roadway from Liberty Street be constructed in accordance with the City of Kalispell's design and construction standards for paved roads and that a letter from a professional engineer licensed in the State of Montana certify that the road has been constructed accordingly. 4. That the road providing access from Liberty Street be privately owned and maintained for year-round use. S. That the property owner shall provide a cul-de-sac which meets the City of Kalispell's subdivision standards at the terminus of the road providing access from Liberty Street or that the internal roadway system between Liberty Street and Three Mile Drive be completed prior to final plat approval. 6. That an approach permit be obtained from the Kalispell Public Works Department for access onto Liberty Street and that the terms and conditions of the permit be met prior to final plat approval. 7. That an approach permit be obtained from the Flathead County Road Department for access onto Three Mile Drive and that the terms and conditions of permit be met prior to final plat approval. 8. That an easement be placed on the southwest corner of the property for on -site storm water detention. 9. That the following notes shall be placed on the face of the final plat: a. All house numbers shall be placed to be visible from the road, either at the driveway entrance or on the building. b. That the road from Liberty Street to Lot 1 is a privately owned and maintained road open to public use. C. That an engineered drainage plan shall be approved by the Kalispell Public Works Department prior to the issuance of a building permit. 10. That this preliminary plat shall be valid for a period of three years from the date of approval. H: \... \97 \KSR97-1 5 ffi q -�K EEC — A r+jx �JaA �"