Resolution 4080 - Preliminary Plat - Marketplace Subdivision5114
RESOLUTION NO. 40@0
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF THE
SUBDIVISION OF THE AMENDED PLAT OF THE AMENDED PLAT OF LOTS 4, 5,
AND 6, BLOCK 24, BLOCK 23, AND PORTIONS OF THE EAST 1/2, SE 1/4,
SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.N., FLATHEAD
COUNTY, MONTANA.
WHEREAS, Tidyman's, the owner of certain real property
(hereinafter described in Exhibit "A", attached hereto and
thereby made a part hereof,) has petitioned for the approval of
the Subdivision Plat of said property, and I
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 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 of f ice
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 subdivision will not create any additional impacts
to public health or safety because the creation of
these five commercial lots will not increase the
development potential of the property. A level of
commercial development is allowed by the zoning of the
property and anticipated by the city's Master Plan.
City of Kalispell police and fire services are readily
available, as are medical services. The site is not in
a designated floodplain, and because the site is level,
no building safety threats are present.
B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT:
The site is currently void of wildlife and wildlife
habitat; the subdivision will therefore have no effect.
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C. EFFECTS ON THE NATURAL ENVIRONMENT:
1. Water:
The site exhibits no natural water features.
2. Topography:
There are no natural topographic features remaining on
this generally flat site,
3. Vegetation:
Vegetation on this site is limited to the landscaping
improvements associated with the Tidyman's development.
The proposed plat will not effect that vegetation which
is in place. The remainder of the unimproved property
is generally void of plant life. Any future
development will be required to provide landscape in
conjunction with parking areas.
D. EFFECTS ON TAXATION:
The property presently pays $65,490 in property taxes
per year. Upon subdivision the project would generate
approximately $71,400 in property taxes per year.
E. EFFECTS ON LOCAL SERVICES:
1. Schools:
This:' commercial subdivision will not adversely impact
enrollment of the school district.
2. Rarks and Recreation:
This commercial subdivision will not create direct
demands for public recreational facilities.
3. Fire and Police Protection:
The platting of five lots will not, in itself, create
fire and police protection problems. At the time the
commercial properties are developed an appropriate
review will be required and emergency response
capabilities will be assessed. As is indicated on the
preliminary plat, adequate access to each lot is
provided and additional fire hydrants are proposed.
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4. Roads:
Access to the subdivision is provided in a number of
ways. one or more of the lots have f rontage on North
Main Street, Market Place Street (to be dedicated to
the City of Kalispell with this plat), East Montana
Street, Third Avenue East, or First Avenue East (a
portion of which is to be dedicated to the City). All
streets are fully -improved, with curb, gutter, and
sidewalk in place (with the exception of the south side
of Market Place Street). North Main Street (Highway
93) is a principal arterial, Third Avenue East a minor
arterial street, and First Avenue East North a
collector street. The transportation and circulation
system in this immediate vicinity was designed in
anticipation of additional commercial development and
its associated traffic.
5. water/sewer:
The existing Tidyman's facility is served by City of
Kalispell sewer and water. Adequate sewer and water
systems are in place to serve the proposed subdivision
as well. The applicant is proposing easements which
will contain any and all utilities that extend beyond
lot lines.
6. Solid Waste:
This service can be provided by the City of Kalispell
or by a private contract hauler.
7. Public Health Services:
The development potential of this property, whether it
is subdivided or not, remains the same. Therefore, the
demand for public health services is not likely to
change. All services are readily available. I
F. EFFECTS ON AGRICULTURE:
This subdivision will have no effects, direct or
otherwise, on agricultural activities.
G. EXPRESSED PUBLIC OPINION:
The summary review to which this subdivision is
subjected has no requirement for formal public
notification. Public opinion has neither been
solicited nor received.
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H. NEED FOR THE SUBDIVISION:..,
The "public" need for the subdivision is not supported
by application materials or information provided by the
applicant. It is staff's understanding that the
applicant wishes to subdivide the property in order to
sell individual parcels for subsequent commercial
development.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL, MONTANA:
SECTION I. That the application of Tidyman's for
approval of the subdivision of the property described
in Exhibit "A" is hereby approved subject to the
following conditions:
1. Eliminate "designated access points" from the face
of the plat; access for each lot will be determined at
the time of development.
2. Initiate a zone change to provide a single
designation of B-4 for the entire site.
3. . Include on the face of the Final Plat all
easements, including pedestrian and vehicular access,
utility, construction, parking, railroad and self-help
easements.
4. Provide to the City of Kalispell a final draft of
the Declaration of Reciprocal Easements and the
Conditions, Covenants and Restrictions for review and
approval pri to application for Final Plat approval.
SECTION 11. 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 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.
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PASSED AND APPROVEJ) BY THE CITY CQUN-CIL AND MAYOR OF THE CITY OF
KALISPELL THIS DAY OF 2 —1 1992.
ATTEST:
Amy H."Robertson
Finance Director
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Rauthe, mayor
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EXHIBIT "A"
Lots 4, . 5, and 6, Block 24, Block 23, and portions of the East
1/2, SE 1/4, Section 7, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
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