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H1. Peterson Acre Preliminary Plat RequestPLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager D1- FROM: Jarod Nygren, Senior Planner Planning Department 201 I't Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: KPP-18-08 — Peterson Acre Preliminary Plat Request MEETING DATE: June 18, 2018 BACKGROUND: A request from Jeremy Peterson for a minor subdivision of a 1.01-acre tract into four residential lots and a shared common area at the intersection of Sylvan Drive and College Avenue. The requested subdivision is reviewed as a minor subdivision because the tract of land being subdivided is an original tract of record and the first subdivision proposes 5 or fewer lots. Minor subdivisions do not require a public hearing or Planning Board approval and are forwarded directly to Council for consideration. The property is located within the R-3 Zoning District, which provides for single-family residential development. The application was reviewed in accordance with Section 28.2.07 and 28.7.01 of the Kalispell Subdivision Regulations. RECOMMENDATION: It is recommended that the Kalispell City Council approve a request from Jeremy Peterson for minor subdivision Preliminary Plat KPP-18-08, a minor subdivision preliminary plat with twenty (20) conditions of approval. FISCAL EFFECTS: Approval of the request will allow the applicant to proceed with development of the site, which in turn will have positive fiscal impact. ALTERNATIVES: Deny the request. ATTACHMENTS: Staff Report Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk PETERSON ACRE PRELIMINARY PLAT REQUEST FOR MINOR SUBDIVISION APPROVAL STAFF REPORT #KPP-18-08 KALISPELL CITY COUNCIL JUNE 18, 2018 BACKGROUND INFORMATION: A request from Jeremy Peterson for a minor subdivision of a 1.01-acre tract into four residential lots. The requested subdivision is a minor subdivision because the tract of land being subdivided is an original tract of record and this is the first split from that original tract, creating five (5) or fewer lots. Minor subdivisions do not require a public hearing or Planning Board approval and are forwarded directly to Council for consideration. The 1.01-acre parcel will allow for a small infill project that will complement the neighborhood. The applicant's goal is to subdivide the 1.01-acre property into four single family lots. There is currently a single-family home and appurtenant facilities located on the property. The property is located within the R-3 Zoning District, which provides for single-family residential development. The application will be reviewed in accordance with Section 28.2.07 of the Kalispell Subdivision Regulations. A preliminary plat creating 4 lots was previously submitted to the city council on May 7, 2018 for this property. At that time the applicant requested variances from Chapter 28.3 (waiving curb, gutter and sidewalks) and 28.4 (waiving the width to length ratio of the Kalispell Subdivision thus allowing slightly longer lots than would normally be approved). Both variance requests were denied and accordingly, the preliminary plat failed. This proposal also contained a request for a zone change to RA-1. The Planning Board amended the request suggesting R-4 Two Family Residential. The City council ultimately denied the zone change request as well. The applicant is now submitting a request to create 4 single family lots along with a common area. No variances are being requested. A. Petitioner and Owners: Jeremy Peterson P.O. Box 8271 Kalispell, MT 59901 Technical Assistance: Sands Surveying 2 Village Loop Kalispell, MT 59901 B. Location and Legal Description of Property: The property is located at 435 College Avenue and can be legally described as Parcel B of Certificate of Survey 2652 and Tract 1 of Certificate of Survey 3235 in Section 17, Township 28N, Range 21W, P.M.M., Flathead County, Montana. 1 C. Size: Land in lots - .709 acres Common area - .254 acres Land in streets - .047 acres TOTAL AREA - 1.01 acres D. Existing Land Use and Zoning: Proposed lots 2-4 are vacant. Proposed lot 1 contains a small single family house and outbuildings. The subject property is currently zoned R-3 (Residential). The Kalispell Zoning Regulations state that the intent of the R-3 zoning district is "to provide areas for urban residential development. This district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within this district must be served by all public utilities. This zoning district would typically be found in areas designated as suburban residential or urban residential on the Kalispell Growth Policy Future Land Use Map." E. Adjacent Land Uses: North: Single-family residences, townhouses, condos, Mobile Home Park East: Single-family residence South: Vacant land West: Single-family home and City Park F. Adjacent Zoning: North: RA-1 East: R-3 South: R-3 West: R-3 G. General Land Use Character: The character of the neighborhood is residential/mixed density. There are two unit townhomes, four unit condominiums, a 30-unit manufactured home park and single-family homes all in the immediate vicinity. The higher density developments are to the north of the subject property and the single-family residences are primarily to the southeast along Sylvan Drive. The subject property is located at the transition point between the two development patterns. H. Utilities and Public Services: Sewer: City sewer Water: City water Refuse: City collection services Electricity: Flathead Electric Cooperative Telephone: CenturyLink Schools: Kalispell School District #5 - Hedges Elementary 2 Fire: Kalispell Fire Department Police: Kalispell Police Department 1. REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT OF SOUTHSIDE ESTATES - PHASE 2 SUBDIVISION A. Effects on Health and Safety: Fire: The property would be considered to be at low risk of fire because any building constructed within the subdivision would be built in accordance with the Fire Code and have access which meets city standards. The property does not have steep slopes or woody fuels. Hydrants will be required to be placed in compliance with the requirements of the Fire Code and approved by the Fire Chief. Flooding: Flood Insurance Rate Map, panel number 30029C 1810J shows the entire subdivision to be outside of the 100-year floodplain. Access: Access is provided by College Avenue, an improved local street that is not constructed to city standards. College Avenue connects to Sylvan Drive to the east and Conrad Drive to the north, which provides further access into the neighboring transportation network, including the downtown. The proposed subdivision would require that the entire frontage along this subdivision will be widened with curb and sidewalks. This will help channel and focus the intersection of College Avenue with Sylvan Drive. B. Effects on Wildlife and Wildlife Habitat: There are no known big game wintering ranges, migration routes, nesting areas, wetlands, or important habitat for rare or endangered species per the Kalispell Growth Policy environmental considerations maps. 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 30029C 1810J, 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 minor subdivision. D. Effects on Local Services: Water: Water service to the subdivision would be provided by the City of 3 Kalispell from an existing water main located within College Avenue that the developer would extend services south into the subdivision. The water system for the subdivision will be reviewed and approved by the Kalispell Public Works Department and Kalispell Fire Department as part of the development of the subdivision. There is adequate capacity within the city's water system to accommodate this development. Sewer: Sewer service will be provided by the City of Kalispell with an extension of an existing sanitary sewer main located within College Avenue that the developer would extend services south into the subdivision. The sewer system for the subdivision will be reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision prior to final plat approval. There is adequate capacity within the city's sewer system to accommodate this development. Roads: The subdivisions main entrance will be off of College Avenue, which abuts the property on its northern property line. College Avenue only has a 40 feet right-of-way, while minimum standards for a local street is 60 foot R/W. Accordingly, staff has added a condition that an additional 10 feet of future road right-of-way be dedicated to the city along the subdivision frontage so that there would be adequate room to install the necessary improvements. Lastly, College Avenue will be constructed to city standards and would include curb, gutter, sidewalks and landscaped boulevards along the property frontage of the subdivision. Schools: This site is within the boundaries of School District #5. Minimal impacts to the district may be anticipated from the proposed subdivision. Based on city averages, typically 2 school age children (K-12) would reside in the subdivision. Section 76-3-608(1) of the Montana Code 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 is proposing a .254 acre common area along the entire rear of the subdivision. The developer is doing this both to comply with the .03 acre per lot park land dedication and to allow the creation of lots that comply with the 3:1 maximum length to width ratio. 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. The site is within 3/4 mile of a fire station. The subdivision will be required to comply with the International Fire Code. 0 Refuse Disposal: Solid waste disposal will be provided by the City of Kalispell. No significant increased impacts are anticipated as a result of the proposed subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is approximately 2.5 miles from the site. E. Effects on Agriculture and agricultural water user facilities: The subject property is in an urbanized area located within city limits, and adjacent to city water and sewer. Although the property is designated prime farmland, there will be no impact to agriculture facilities in this case, as the property has not been used for agriculture and is surrounded by development to the north, south, east and west. No impact to water user facilities are anticipated since the property will be served by a public water system. F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future Land Use Map designates this area as Urban Residential development, which anticipates a mix of primarily single-family and duplex dwellings with a density of 3-12 dwelling units per acre. The density at four units per acre and single family nature of the proposed subdivision is in compliance with the existing neighborhood pattern and the growth policy. G. Compliance with Zoning: The property is located within the R-3 Zoning District. The Kalispell Zoning Ordinance describes the intent of this districts as: The R-3 Zoning District "provides areas for urban residential development. This district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within this district must be served by all public utilities. This zoning district would typically be found in areas designated as suburban residential or urban residential on the Kalispell Growth Policy Future Land Use Map." The subdivision as proposed complies with this. H. Compliance with the Kalispell Subdivision Regulations: This subdivision request complies with provisions of the Kalispell Subdivision Regulations. No variances are requested or needed. RECOMMENDATION Staff recommends that the Kalispell City Council adopt staff report KPP-18-08 as findings of fact and approve the Peterson preliminary plat, subject to the conditions listed below: 5 CONDITIONS OF APPROVAL 1. 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. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. 4. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 6. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. 7. That part of College Avenue adjacent to the subdivision shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards the length of the property. Upgrades include curb and gutter, sidewalk street trees and boulevard. 8. A 10' road reserve shall be dedicated to the City of Kalispell along College Avenue the entire length of the subdivision. 9. The lot length shall be a maximum of 150 feet. 10. 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. 0 11. 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. 12. 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 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 13. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 14. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 15. A homeowner's association (HOA) shall be formed and established for the common area prior to final plat. 16. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 17. All utilities shall be installed underground. 18. All areas disturbed during development shall be re -vegetated with a weed - free mix immediately after development. 19. Basements are prohibited within the subdivision due to high groundwater. IFA 20. Foundation drains and emergency sump pumps shall be installed at all residences that contain a crawl space. Planning Department 201 Ist Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www. kalispell. com / planning MINOR SUBDIVISION PRELIMINARY PLAT APPLICATION FEE SCHEDULE: FEE ATTACHED: $1,100.00 Minor Subdivision ... (5 or fewer lots) $400 + $125/lot Mobile Home Parks & Campgrounds $400 + $125 / space (5 or fewer spaces - land is not subdivided) Amended Preliminary Plat Amendment to Conditions Only $400 base fee Re -configured Proposed Lots Base fee plus $40/lot Add Additional Lots or Sublots Base fee plus $125/lot Subdivision Variance $100 (per variance) Commercial Subdivisions $1000 + $125 / lot SUBDIVISION NAME: Peterson Acre OWNER (S) OF RECORD: Name Jeremy and Jeanette Peterson Phone (406)890-0331 Mailing Address P.O. Box 8271 City Kalispell State MT Zip 59901 TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc.): Name & Address Sands Surveying, Inc, Attn: Eric H. Mulcah 2 Village Loop Kalispell, MT 59901 Name & Address Territorial Landworks Inc Attn: Nathan Lucke 2858 US 93 S Kalispell, MT 59901 LEGAL DESCRIPTION OF PROPERTY: City/County: City of Kalispell Street Address 435 College Ave Assessor's Tract No.(s) 2EA Lot No(s) 1/4 Sec NE4NW4 Section 17 Township 28N Range 21W GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces 4 Total Acreage in Subdivision 1.010 ac Total Acreage in Lots 0.709 Minimum Size of Lots or Spaces 0.173 ac Total Acreage in Streets or Roads 0.047 ac Maximum Size of Lots or Spaces 0.190 Total Acreage in Parks, Open Spaces and/or Common Areas 0.254 PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/ SPACES: Single Family 4 Townhouse Mobile Home Park Duplex Commercial Condominium Apartment Industrial Multi -Family Recreational Vehicle Park Planned Unit Development Other APPLICABLE ZONING DESIGNATION & DISTRICT R-3 ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS $75,000.00 IMPROVEMENTS TO BE PROVIDED: Roads:Gravel Paved X Curb Gutter Sidewalks Alleys _Other - Water System: Individual Multiple User - Neighborhood Public X Other Sewer System: Individual Multiple User Neighborhood Public X Other Other Utilities: Cable TV X Telephone X ElectricX Gas X Other Solid Waste: Home Pick Up X Central Storage Contract Hauler Owner Haul Mail Delivery: Central X Individual School District: Kalispell Fire Protection: Hydrants X Tanker Recharge _ Fire District: Kalispell Drainage System: On -Site PROPOSED EROSION/ SEDIMENTATION CONTROL: As Needed VARIANCES: ARE ANY VARIANCES REQUESTED? No (yes/no) If yes, please complete the information below: SECTION/ REGULATION OF REGULATIONS CREATING HARDSHIP: N/A EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE OF REGULATIONS: PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW: Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties) 0 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: 1. Preliminary plat application. 2. 5 copies of the preliminary plat. 3. Electronic copy of the plat. 4. One reproducible set of supplemental information. (See Appendix A of Subdivision Regulations for the city where the subdivision is proposed.) 5. One reduced copy of the preliminary plat not to exceed I I" x 17" in size. 6. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. 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. (Applicant) (Date) 4 aG � \\ l | gb| J! , ° ---- _Z _ - � � �/�^• }_ _ / ` ;2§ � ` 4 ± (§7