Staff Report/Meadow Park 4PLANNING FOP, THE FUTURE
POLOINIrM1
REPORT TO: Doug Russell, City Manager Plb
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: KPP-16-01 — Meadow Park Unit No. 4 Subdivision
MEETING DATE: September 6, 2016
BACKGROUND: This is a request from Andrew Bestwick for a major subdivision of a .61 acre
residential lot into two residential lots consisting of .28 and .33 acres. In addition to the subdivision
request, the applicant has requested to remove an existing plat condition that was placed on the
underlying plat of Meadow Park Unit 3 in 2006 which limited development of the property to single-
family dwellings only. The property is located within the R-4 (Residential) Zoning District, which
provides for townhouse and duplex development. The property is currently undeveloped grasslands.
The subject property is located on South Woodland Drive, just south of 2230 South Woodland Drive.
The property can be legally described as Lot 1 of Meadow Park Unit No. 3 of Section 20, Township
28 North, Range 22 West, P.M.,M., Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing August 9, 2016, to consider the
application request. Staff presented staff report KPP-16-01 providing details of the proposal and
evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact, and
recommend to the City Council that the Preliminary Plat be approved, subject to eleven (11)
conditions.
During the public comment portion of the hearing, a neighboring property owner spoke out against
the request to allow for the removal of the 2006 plat notation, limiting the property to single-family
dwellings only. The neighbor discussed how they had purchased their property with the idea that the
subject property could be developed with one single-family home and the proposal would allow up to
four units. The applicant spoke in favor of the project, answering questions regarding his purchase of
the property and the desire to have the ability to develop the property to the R-4 Zone standards.
There being no further testimony, the public hearing was closed and a motion was presented to adopt
staff report KPP-16-01 as findings of fact, and recommend to the Kalispell City Council that the
subdivision be approved, subject to eleven (11) conditions. There was lengthy discussion regarding
the request to remove the note from the plat. The Board concluded that the original note on the plat
limiting the development to single family homes only was still appropriate. A motion was presented
to amend condition eleven (11) to specifically state that the original 2006 plat condition limiting the
property to single family development be maintained, thus denying the applicants request to have that
plat statement removed. The motion to amend condition eleven (11) passed 3 in favor and 1 opposed.
Further Board discussion concluded that the preliminary plat application was appropriate, and the
original motion passed unanimously on roll call vote.
RECOMMENDATION: It is recommended that the City Council approve Preliminary Plat
application KPP-16-01, with the eleven (11) conditions of approval as amended.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the city.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 5781
Preliminary Plat Staff Report KPP-16-01
Minutes of the August 9, 2016, Kalispell Planning Board
Application Materials
Aimee Brunckhorst, Kalispell City Clerk
MEADOW PARK UNIT NO. 4
REQUEST FOR MAJOR SUBDIVISION PRELIMINARY PLAT
STAFF REPORT #KPP-16-01
KALISPELL PLANNING DEPARTMENT
JULY 29, 2016
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request for preliminary plat approval of a 2-lot residential subdivision. A public hearing
has been scheduled before the Kalispell Planning Board for August 9, 2016 beginning at
6:00 PM in the Kalispell City Council Chambers. A recommendation from the Kalispell
Planning Board will be forwarded to the Kalispell City Council for final action.
BACKGROUND INFORMATION: A request for a major subdivision of a .61 acre parcel
into two residential lots consisting of .28 and .33 acres. In addition to the subdivision
request, the major subdivision would remove an existing plat note limiting the property
to single-family dwellings only. The subject property was annexed into the city with R-4
(Two -Family Residential) zoning by Ordinance 1562 on December 19, 2005. In addition
to the annexation, a preliminary plat application (KWP-06-01) was submitted creating
the subject .61 acre parcel. During the public review process of the preliminary plat
application, it was determined that placing a note on the plat limiting the property to
single-family dwellings was appropriate. This was determined because the owner
intended to build and market single-family residential lots, because the surrounding
neighborhood development is single-family dwellings, and because of testimony received
at the planning board in support of only single-family development of this site.
The R-4 Zoning District overlaying the property allows townhouse and duplex dwellings
as permitted uses. The note placed on the plat contradicts the zoning and creates
confusion. Removing the note on the plat would allow for townhouse and duplex
development which are anticipated forms of residential housing within the R-4 Zoning
District. Although there are not any townhouse or duplex developments in the direct
vicinity, there are townhouse residential units nearby, which are also within the R-4
Zoning District.
A. Petitioner and Owners: Andrew Bestwick
28 Willowbrook Close
Whitefish, MT 59937
Location: The subject property is located on South Woodland Drive just south of 2230
South Woodland Drive. The property can be legally described as Lot 1 of Meadow Park
Unit No. 3 of Section 20, Township 28 North, Range 22 West, P.M.,M., Flathead County,
Montana.
B. Size:
Total area: .613 acres
Lot 1: .334 acres
Lot 2: .279 acres
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C. Existing Land Use and Zoning: The subject property is undeveloped grasslands.
The property is located within the R-4 (Residential) Zoning District. The Kalispell
Zoning Ordinance describes the intent of this district:
"This district is comprised of primarily single-family and duplex dwellings.
Development within the district will require all public utilities, and all
community facilities. This zoning district would typically be found in areas
designated as urban residential on the Kalispell Growth Policy Future
Land Use Map."
D. Adjacent Land Uses and Zoning: The existing zoning and land uses of the land
surrounding the subject property are as follows:
North:
Single-family residence and R-4 Zoning
East:
Single-family residence and R-4 Zoning
South:
Undeveloped grasslands and R-4 Zoning
West:
Single-family residence, grasslands and R-4 Zoning
E. Relation to Growth Policy Map: The subject property lies within the jurisdiction
of the Kalispell City Growth Policy. The Growth Policy Map designates this area as
commercial. The commercial designation of the property is a holdover from prior
to the subject property being annexed into the city and thereafter subdivided. The
commercial designation is more in line with existing development to the west of
the subject property along the U.S. 93 corridor. Although the property is not in
strict compliance with the growth policy, it is aligned with the R-4 Zoning and the
land use category of the surrounding residential properties. The surrounding
residential properties are within the Urban Residential land use category which
would anticipate residential and two-family residential development.
F. Utilities and Public Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
Private
Electric:
Flathead Electric Cooperative
Phone:
CenturyLink
Police:
City of Kalispell
Fire:
City of Kalispell
Schools:
School District #5, Kalispell
REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT
This application is reviewed as a major subdivision in accordance with state statutory
review criteria and the Kalispell City Subdivision Regulations. Note that while only two
additional lots are being created, the request is the second subdivision of a tract of land,
requiring major subdivision review.
A. Effects on Health and Safety:
Fire: The area is anticipated to be at low risk from wildfire due to the urban
location, lack of woody fuel and good access to the site. The proposed subdivision
is not expected to significantly impact the service provided. A fire hydrant is
located in the cul-de-sac just west from this property.
Flooding: The site is generally level with a gentle rise to the southwest (rear) of the
proposed lots. It is not near a designated 100 year flood plain nor is it subject to
slope failure, subsidence or severe erosion.
Access: Access to the site can be obtained directly from South Woodland Drive.
This is an existing city street that is owned and maintained by the City of
Kalispell. The impacts to the roadways in the area will be minimal. Additionally, a
20' wide driveway easement is being places within Lot 1 in order to provide
adequate access to the lots. Sidewalks are located on the north side of South
Woodland Drive on the opposite side of the street. When the subdivision was
platted in the county in 1994, sidewalks were only required on one side of the
street. This application request includes a condition that requires the inclusion of
the sidewalks along the frontage of the proposed subdivision in accordance with
the City of Kalispell Construction and Design Standards.
B. Effects on Wildlife and Wildlife Habitat: The subdivision is not located in known
big game habitat and the property is not considered suitable habitat for other
significant wildlife since the subject property is within an urban area.
C. Effects on the Natural Environment: The subject property exists in an
established residential area of Kalispell. The site is level and is not in or near a
designated 100-year floodplain per Flood Insurance Rate Map Number
30029C1820J, nor is it subject to slope failure, subsidence, or severe erosion.
The subdivision will be served by City of Kalispell water and sewer minimizing
impacts to groundwater. Impacts to the natural environment are not expected to
occur as a result of this subdivision.
D. Effects on Local Services:
Sewer and Water: The City of Kalispell will provide water and sewer service to the
lots. There are existing water and sewer mains directly accessible to the proposed
lots within South Woodland Drive to the north. Individual water and sewer lines
will be required for each residential unit.
Access and Roads: Access to the site can be obtained directly from South
Woodland Drive. This is an existing City street that is owned and maintained by
the City of Kalispell. Additionally, a 20' wide driveway easement is being places
within Lot 1 in order to provide adequate access to the lots. The impacts to the
roadways in the area will be minimal.
Schools: This site is within the boundaries of School District #5. Some impact to
the district may be anticipated from the proposed lots depending on the
demographics of the residents. Section 76-3-608(1) of the Montana Code
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Annotated states that the governing body may not deny approval of a proposed
subdivision based solely on the subdivision's impacts on educational services.
Parks: The developer shall dedicate a cash in lieu payment equal to .03 acres per
dwelling unit. It shall be up to the subdivider to provide satisfactory evidence of
the fair market value. The fair market value is the value of undivided, unimproved
land at the time of filing of final plat.
Police Protection: The property is served by the Kalispell Police Department. It is
not anticipated that this subdivision will significantly impact the service provided
by the Police Department.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department and the subdivision will be required to comply with the International
Fire Code.
Refuse Disposal: Solid waste disposal will be provided by a private hauler. No
significant increased impacts are anticipated as a result of the proposed
subdivision.
Medical Services: Emergency medical service is provided by the Kalispell Regional
Medical Center; ambulance and life flight services are also available.
E. Effects on Agriculture and agricultural water user facilities: This subdivision
is in the urban area of Kalispell and the area has been developed to an urban
density. Future development of this site will have no effect on agricultural
activities in the valley.
F. Relation to the Kalispell Growth Policy: The Growth Policy Map designates this
subject property as commercial. The commercial designation of the property is a
holdover from prior to the property being annexed into the city and thereafter
subdivided. The commercial designation is more in line with existing development
to the west of the subject property along the U.S. 93 corridor and not the
appropriate designation for the subject property. Although the property is not in
strict compliance with the growth policy, the subdivision is aligned with the
existing R-4 Zoning of the property and the land use category of the surrounding
residential properties. The surrounding residential properties are within the
Urban Residential land use category which would anticipate residential and two-
family residential development as anticipated with this subdivision.
G. Compliance with Zoning: The subject property is within the R-4 Zoning District.
This subdivision complies with the minimum lot size and lot width requirements
of the R-4 Zone. The subdivision complies with the zoning for the property.
H. Compliance with the Kalispell Subdivision Regulations: This subdivision
complies with the Kalispell Subdivision Regulations and no variances have been
requested.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
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staff report KPP-16-01 as findings of fact and recommend to the Kalispell City Council
that the preliminary plat of Meadow Park Unit No. 4 be approved subject to the
conditions listed below:
CONDITIONS OF APPROVAL
1. That the development of the site shall be in substantial compliance with the
application submitted, the site plan, materials and other specifications as well as
any additional conditions associated with the preliminary plat as approved by the
city council.
2. The preliminary plat approval shall be valid for a period of three years from the
date of approval.
3. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards. The design shall be certified
in writing by a professional engineer licensed in the State of Montana. All design
work shall be reviewed and approved in writing by the Kalispell Public Works
Department prior to construction. This infrastructure shall include but not be
limited to streets, street lighting, street signage, curb, gutter, boulevard and
sidewalks.
4. Water and sewer main extensions shall be designed and constructed in
accordance with the current City of Kalispell's Standards for Design and
Construction and Montana Public Works Standard Specifications. The water and
sewer main extension plans shall be reviewed and approved by the Kalispell
Public Works Department. Prior to final plat, a certification shall be submitted to
the Public Works Department stating that the water and sewer mains have been
built as designed and approved.
5. A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell, or a proper
bond has been accepted for unfinished work.
6. The developer shall dedicate a cash in lieu payment equal to .03 acres per
dwelling unit. It shall be up to the subdivider to provide satisfactory evidence of
the fair market value. The fair market value is the value of undivided, unimproved
land at the time of filing of final plat.
7. All existing and proposed easements shall be indicated on the face of the final plat.
Utility easements for city water and sewer shall be provided to allow for the logical
extension of utilities from this subdivision to adjoining properties. A letter from the
Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat.
8. The following statement shall appear on the final plat: 'The undersigned hereby
grants unto each and every person, firm or corporation, whether public or private,
providing or offering to provide telephone, telegraph, electric power, gas, cable
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television, water or sewer service to the public, the right to the joint use of an
easement for the construction, maintenance, repair, and removal of their lines and
other facilities, in, over, under, and across each area designated on this plat as
"Utility Easement" to have and to hold forever."
Developer's Signature
9. All utilities shall be installed underground.
10. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
11. The note on the final plat of Meadow Park Unit No. 3, stating; "The lots in this
subdivision shall be developed with single-familv dwellini4s only" shall remain in
effect on the final plat for Meadow Park Unit No. 4.
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Planning Department
201 15E Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com / planning
SUBDIVISION PRELIMINARY PLAT APPLICATION
FEE SCHEDULE:
Minor Subdivision...(5 or fewer lots)
Mobile Home Parks & Campgrounds
(5 or fe-ATer spaces - land is not subdivided)
Amended Preliminary Plat
Amendment to Conditions Only
Re -configured Proposed Lots
Add Additional Lots or Sublots
Subdivision Variance
Commercial Subdivisions
SUBDIVISION NAME: Meadow Park Unit #4
OWNER (S) OF RECORD:
Name Andrew Bestwick
FEE ATTACHED: $650
Mailing Address 28 Willowbrook Close
City Ghitefish State MT
$400 + $125/lot
$400 + $125/space
$400 base fee
Base fee plus $40/lot
Base fee plus $125/lot
$100 (per variance)
$1000 + $125/lot
Phone 406.249.1557
Zip 59937
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc.):
Name & Address Andrew Bestwick (Surveyor/Designer/Engineer)
Name & Address
Name & Address
LEGAL DESCRIPTION OF PROPERTY:
City/County Kalispell/Flathead
Street Address 2227 S . Woodland Dr.
Assessor's Tract No.(s) 2821X20-MEE-1 Lot No{s) 1
1/4 Sec SE Section 20 Township 28N
GENERAL DESCRIPTION OF SUBDIVISION:
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Number of Lots or Rental Spaces
Range 21 W
Total Acreage in Subdivision
0.61 AC
Total Acreage in Lots 0 . 61 AC Minimum Size of Lots or Spaces 0 .2 8 AC
Total Acreage in Streets or Roads 0.00 AC Maximum Size of Lots or Spaces 0 . 33 AC
Total Acreage in Parks, Open Spaces and/or Common Areas 0.00 AC
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PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family- Other Subdividing vacant land
APPLICABLE ZONING DESIGNATION& DISTRICT Kalispell R-4
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS $ 3 7, 0 0 0
IMPROVEMENTS TO BE PROVIDED: N/A
Roads:Gravel Paved
Curb —Gutter
—Sidewalks
Alleys
Water System: Individual
Multiple User —Neighborhood
—Other
Public --Other
Sewer System: Individual
—Multiple User —Neighborhood
—Public
-----Other
Other Utilities: Cable TV
Telephone —Electric
—Gas
Solid Waste: Home Pick Up
—Central Storage
—Other
—Contract Hauler Owner Haul
Mail Delivery: Central
Individual .. - School District:
Fire Protection: Hydrants
Tanker Recharge
— Fire District:
Drainage System•
PROPOSED EROSION/ SEDIMENTATION CONTROL: N/A
VARIANCES: ARE ANY VARIANCES REQUESTED? (yes ia If yes,
please complete the information below:
SECTION /REGULATION OF REGULATIONS CREATING HARDSHIP:
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT
COMPLIANCE OF REGULATIONS:
PROPOSED ALTERNATIVES) TO STRICT COMPLIANCES WITH ABOVE
REGULATIONS:
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PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW;
1. Will the granting of the variance be detrimental to the public health, safety or
general welfare or injurious to other adjoining properties?
2. Will the variance cause a substantial increase in public costs?
3. Will the variance affect, in any manner, the provisions of any adopted zoning
regulations or Master Plan?
4. Are there special circumstances related to the physical characteristics of the
site (topography, shape, etc.) that create the hardship?
5. What other conditions are unique to this property that create the need for a
variance?
3
APPLICATION CONTENTS:
The subdivider shall submit a complete application addressing items below to the
Kalispell Planning Department at least thirty five (35) calendar days prior to the date
of the Kalispell City Council meeting at which it will be considered, unless other
arrangements have been made with the planning staff.
Submittals shall include:
V 1. Preliminary plat application.
2. 5 copies of the preliminary plat.
V 3. Electronic copy of the plat.
V 4. One reproducible set of supplemental information. (See Appendix A of
/ Subdivision Regulations for the city where the subdivision is proposed.)
V S. One reduced copy of the preliminary plat not to exceed 11" x 1 7" in size.
6. A bona fide legal description of the subject property and a map showing
the location and boundaries of the property.
V 7. Application fee
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be untrue, I understand that any
approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be
present on the property for routine monitoring and inspection during the approval
and development process.
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(Applicant) (Date)
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SECTION 20, T.28N., R_21 W:
NORTH 2227 S. Woodland Dr TRACT NO. 2821 X20-MEE-1
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