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Resolution 4071 - Preliminary Plat - Lilac Hill Subdivision435 RESOLUTION NO. 4071 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF THE SUBDIVISION OF LILAC HILL, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.N., FLATHEAD COUNTY, MONTANA. WHEREAS, Philip N. Kasperson and Barbara D. Kasperson, the owners of Lilac Hill, Flathead County, Montana, has petitioned for approval of the Subdivision -Plat of Lilac Hill, and WHEREAS, the proposed Subdivision Plat of Lilac Hill 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 of the City of Kalispell has reviewed the report of the Flathead Regional Development Office and has found from the preliminary plat, and evidence, that the subdivision is in the public interest, 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 site lies adjacent to a 100 year flood plain but is not affected by it. The soils in the area are alluvial and poorly drained. Seasonal high water table is common. As this project will utilize City sewer and water, this is of less concern. Traffic generation from the site would on average be 24 vehicles per day at full development. This would only minimally impact the neighborhood. B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: The site lies on the urban fringe of Kalispell. It is not in a designated winter range and is not considered prime or necessary habitat for any species. There will be minimal impacts if any. t. EFFECTS ON THE NATURAL ENVIRONMENT: Topography does not pose a serious constraint on the property. Due to the presence of city sewer and water, ground water pollution is not a major concern. There are no known important, rare or endangered vegetation on the site. D. EFFECTS ON TAXATION: The undeveloped land presently has a market value of $6,200. Upon full development assuming a $50,000 house on each lot, the property would generate $1,050 per lot or $4,200 per development. Typical residential lots do not cover the full tax burden that they require. E. EFFECTS ON LOCAL SERVICES: I. Schools: Typically the project would generate 2 school age children. This impact is minimal although the present grade school system is presently over burdened. 2. Parks and Recreation: State law provides that 1/9 of the undeveloped value of the land be designated for park land. In this case, park land is unsuitable, consequently, the applicants will be required to pay a cash in lieu of park land payment of 1/9 of the undeveloped value of the land. The appraisal office puts the site market value at $6,200. Based on this value, the payment would be $688. 3. Fire Protection: The site is presently within the Kalispell City Fire Dept. Jurisdiction. Response times will be within acceptable standards. I 4. Police Protection: The site is within the Kalispell Police Dept. jurisdiction. Response time will be within acceptable standards and the area can be serviced. 5. Roads: Fifth Ave. was recently rebuilt as part of the Kalispell Southwest redevelopment project. The road is adequate. 6. Water/Sewer: Both the sewer and water systems were updated in this area as part of the Kalispell Southwest redevelopment project. Sewer and water are adequate. 7. -Solid Waste: Kalispell garbage pickup is available and can handle the increased demand in service. 8. Public Health Services: Adequate medical facilities exist within the city of Kalispell to address any reasonable need. 1) 0 437 F. EFFECTS ON AGRICULTURE: The site contains prime. The site Kalispell and is agricultural land. class 6 soils and are not considered is located within the urban fringe of not considered suitable or desirable G. EXPRESSED PUBLIC OPINION: No public comments have been received. Please note that this is a minor subdivision and public comment has not actively been sought. H. NEED FOR THE SUBDIVISION: The applicant has not substantiated any need. One o f the lots does have a buyer desiring to begin construction before the start of the school year. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION I. That the application of Philip N. Kasperson and Barbara D. Kasperson for approval of the Subdivision of Lilac Hill, a proposal to create a 4 lot residential subdivision on the Southeast 1/4 of Section 18, T28N, R21W, P.M.M., Flathead County, Montana, is hereby approved subject to the following conditions: 1. The plat shall be approved by the Dept. of Health and Environmental Sciences. 2. The preliminary plat is valid for a period of one year. Within that period of time, or as extended by the City,, the applicant shall submit a final plat with attachments as required by the Kalispell Subdivision Regulations, to the City for final review and recording. 3. The one -hundred year flood plain shall be designated on the final plat (if applicable). 4. The applicant be made aware that Tract 8TA does not at this time have legal access onto a public street. Until rectified, this tract would not be eligible for a City building permit. (Note: The tract is presently outside the City Limits.) 5. The applicant pay cash in -lieu of parkland dedication. This payment would be 1/9 of the M - H j 0. We undeveloped value of the land in lots . The County appraisal office lists the market value at $6,200. The 1/9 payment would be $688. SECTION Ii. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION IIII. That this preliminary plat should be i—ffective for a period of one year following passage of this Resolution. SECTION IV. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk & Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED BY THE CITY COUNCIL OF AND APPROVED BY THE MAYOR OF THE CITY OF KALISPELL THIS 17th DAY OF August--- 1 1992. ATTEST: Amy H:� Robertson Finance Director ave. WWn NP =-j1a,64D. Rauthe, Mayor I 4 M