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Resolution 4057 - Preliminary Plat - Poston AdditionRESOLUTION NO. 4057 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF THE AMENDED PLAT OF LOT 12, BLOCK 1, POSTON ADDITION TO KALISPELL, LOCATED IN THE SWI/4 SW1/4, SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Kent Nelson, the owner of Lot 12, Block 1, Poston Addition to Kalispell, Flathead County, Montana, has petitioned for approval of the Amended Plat of Lot 12, Block 1, Pos'ton Addition, and . WHEREAS, the proposed Amended Plat of Lot 12, Block 1, Poston Addition to Kalispell is subject to the provisions of Section 2.7 (Summary Subdivision Review), Subdivision Regulations of the City of Kalispell, -and WHEREAS, the Flathead Regional Development Office has reviewed the proposed subdivision and made a report to the City Council of the City of Kalispell, said report considering and weighing all public interest criterion set forth in Section 2.2 (F)(3), Subdivision Regulations of the City of Kalispell, and WHEREAS, the City Council has based its public interest findings upon the following findings of fact: A. EFFECTS ON PUBLIC HEALTH AND SAFETY: The subdivision will not create any additional "impacts" to public health and safety since the subdivision -is not likely to, increase the development potential of the property. However, the proposed subdivision will improve opportunities to address existing problems relative to parking, drainage, dust, and circulation— B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: The subdivision will not adversely affect wildlife or habitat since the property is already fully developed. C. EFFECTS ON THE NATURAL ENVIRONMENT - Water: The property currently exhibits a problem with drainage. Approval of the subdivision will require drainage improvements to eliminate on -site ponding of storm water. Resolution No. 4057 Page 1 of 5 I i 403 2. Topography: There are no natural topographical features remaining on the property. The low lying area near the property's confluence with 18th Street collects water and will need to be addressed in a storm drainage plan. 3. Vegetation: Vegetation is generally absent f rom the property. Some landscaping will be necessary in conjunction with parking improvements. D. EFFECTS ON TAXATION: Taxes will remain unchanged following subdivision. Taxes for Lot 12 A and 12 B will be approximately $2376.00 and $2774.00, respectively. The cost of providing public services to the property is also expected to remain constant. E. EFFECTS ON LOCAL SERVICES: 1 . Schools: This commercial subdivision will have no (enrollment) impact to the school system. 2. Parks and Recreation; This commercial subdivision will have no direct demands for public recreation facilities. 3. Fire and Police Protection: The subdivision will not affect the existing uses so the police and fire protection aspects of the property will not change from the current situation. However, improved parking and circulation on the property may improve access and response time to emergency situations. 4. Roads: Access to the subdivision is possible from 18th Street West and from US Hwy 93 South. Resolution No. 4057 Page 2 of 5 0 The internal circulations at this time is not properly marked and identified nor are the circulati on areas paved. The preliminary plat attempts to define a roadway and parking area but the design is not in compliance to the Kalispell Zoning Ordinance or with the conditional use permit that was issued for the Tachyon Building. 5. Water/Sewer: Both proposed lots are currently provided with these services. Easements will be necessary for any utilities that extend beyond lots lines. I 6. Solid Waste: This service can be provided by the City of Kalispell or by a private contract hauler. 7. Public Health Services: This subdivision will not increase demand for public health services since the subdivision is not likely to change the existing uses or increase the development potential of the property. F. EFFECTS ON AGRICULTURE: This subdivision will have no direct or indirect effect on agricultural activities. G. EXPRESSED PUBLIC OPINION: Summary review has no requirements for formal public notification of the pending subdivision. As such, no notifications has been made and no one has commented on the subdivision to date. H. NEED FOR THE SUBDIVISION: The "public" need for the subdivision is not supported by any information supplied by the applicant. It is believed that the need to the landowner is "personal" in that each existing use can be marketed with a separate lot if the subdivision is approved. I. SUBDIVISION DESIGN: Access: The Highway 93 approach will be affected with the reconstruction of the highway. Resolution No. 4057 Page 3 of 5 0 405 I I A new approach permit from the State Department of Transportation may be necessary due to the "triggering" of the subdivision. Parking and Circulation: Chapter 27 . 26 o. f the Kalispell Zoning Ordinance establishes the design criteria for parking and circulation. Design problems with the parking area as shown on the plat are as follows: 1. Five percent of the parking area requires landscaping; 2. A snow storage area must be provided on -site; 3. All parking and driveway areas must be paved; 4. Parking spaces 1--2, 11--14, and 15--24 of Lot 12 B have insufficient maneuvering area; 5. Parking space 1 of Lot 12 A blocks an overhead door; 6. Spaces 2 and 3 of Lot 12 A have insufficient maneuvering space on the lot; 7. The conditional use permit for the Tachyon Building indicated six (6) complying spaces; 8. Alley separation barrier will be necessary to direct traffic onto 18th Street as shown on plat; 9. A total of 24 spaces are required for the use on Lot 12 B and 6 spaces for Lot 12 A. Drainage: A drainage plan must be prepared to address the existing and anticipated drainage problems. Building Encroachments: A quonset building encroaches into the side lot lines of both proposed lots. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. That the application of Kent Nelson for approval of the Amended Plat of Lot 12, Block 1, Poston Addition to Kalispell, a proposal to create two tracts of record, located in the SW 1/4 SW 1/4, Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana is hereby approved subject to the following conditions: Resolution No. 4057 Page 4 of 5 1. That all driving and parking surfaces be paved with at least two (2) inches of asphalt. 2. That a parking and circulation plan be approved by the Kalispell Site Development Review Committee. Said plan must include lines striping, wheel stops, barriers (where applicable), and landscaping of the parking lot. The alley will need physical separation (curbing or other form of vehicle barrier) from the property to properly restrict access unto Lot 12 A from /to 18th Street. 3. That a drainage plan be approved by the City Director of Public Works that addresses the drainage problems in the area including the ponding situation near the westerly end of Lot 12 A> 4. That all signage on the property conform to the City of Kalispell Zoning ordinance. 5. That each of the above -stated conditions be implemented by the landowner prior to final plat. 6. That all utilities and travel ways that cross lot lines be placed in easements designated on the face of the plat. A new highway encroachment permit shall be obtained, if required. 7. That appropriate documents be recorded to recognize that encroachment of an adjoining building into the lot areas of the subdivision. SECTION 11. That this preliminary plat approval is effective for a period of two (2) years following passage of this Resolution. SECTION III. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premise shall be a subdivision of the City of Kalispell. PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, THIS 6TH DAY OF JULY, 1992. DOUGLM D. RAUTHE--MAYOR ATTEST: Finande Director Resolution No. 4057 Page 5 of 5 r I