Resolution 4083 - Preliminary Plat - Juniper Bend528
RESOLUTION NO. 4083
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF THE
SUBDIVISION OF TRACT NUMBERS 5E AND 5CA IN SECTION 6, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Mitchell/Swoish Partnership, the owner of certain
real property (hereinafter described in Exhibit "All, attached
hereto and thereby made a part hereof,) has petitioned for the
approval of the Subdivision Plat of said property, and
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 Office
and has found from the preliminary platr 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 effects and/or impacts of twenty-six townhouse lots
at this location is expected to be minimal relative to
public health and safety. This subdivision,�- upon
annexation, will be within the jurisdiction of the
Kalispell Police and Fire departments. Emergency
medical support is located nearby at Kalispell Regional
Hospital. The proposed townhouse sites are located
away from the steep slopes found on -site. A small
portion of the property along the Stillwater River is
within the 100-year floodplain; this area is not slated
for residential development. Access to the site is
available via two county roads. Grandview Lane will be
improved to City of Kalispell standards.
B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT:
The subject property was recently cleared of all
structures and most vegetation by the owner. Most of
the surrounding properties are developed as residential
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lots. The Buffalo Hills Golf Course lies south and
east of the site. There appears to be no residual
wildlife habitat of significant value remaining on the
subject property. As the "homeowner's recreation area"
adjacent to the river is developed, it is possible that
additional habitat will be introduced.
C. EFFECTS ON THE NATURAL ENVIRONMENT:
The property exhibits a number of unique natural
features. Steep slopes west of the river and along
Grandview Drive and Lane dictate building siting, and,
to a degree, density of the development. The
topography of the site also restricts road placement
and design. The natural environment will be heavily
impacted by the grading of the proposed interior road
system and the siting of the townhouses.
D. EFFECTS ON TAXATION:
FRDO staff will provide information re�ative to this
proposal's effects on taxation at the public hearing.
E. EFFECTS ON LOCAL SERVICES:
1. Schools:
Based on the county -wide average of 0.4 children of
school age per household, development of twenty-six
townhouses is likely to contribute approximately 11
school aged children to the Kalispell School District.
2. Fire Protection:
The subdivision will be served by the Kalispell Fire
Department. The Department has expressed concern
relative to street design within the subdivision. Once
final design of the road system is complete, the
Department will determine its needs with respect to
placement and number of on -site fire hydrants. The
area designated as a homeowner's recreation area is
inaccessible to emergency vehicles. Therefore, use of
that area, and the type of structures allowed, will be
restricted.
3. Police Protection:
The Kalispell Police Department can adequately serve
the additional twenty-six townhouse units. No
additional manpower or equipment will be necessary.
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4. Roads:
The subject property has frontage on two county roads.
Grandview Lane, with a right-of-way of 60 feet,
deadends near the southerly property line of the site.
The developer will be required to improve this road to
City of Kalispell local street standards, as it will
serve as a major access to the development. Grandview
Drive, which will carry all traffic to and from the
site, is an improved County road with a right-of-way
width of 60 feet. Using a figure of ten trips per day
per unit, this development can expect to generate as
many as 260 average daily trips on Grandview Drive, a
designated collector street. The private roadway
within the subdivision will be a fully -improved street
with a paved travel surface of 24 feet, curb and gutter
within a 40-foot right-of-way. The road will be
required to be constructed to City standards, including
maximum slope restrictions.
5. Water:
City of KAlispell water service will be available upon
annexation to the city. Each dwelling unit will be
served by a main, in accordance with City standards.
All main extensions will be the sole responsibility of
the developer. A 61 main is located in the adjacent
right-of-way.
6. Sewer: I
An 811 sanitary sewer main is located in the right-of-
way of Grandview Drive. The proposed plat indicates an
extension of that main to serve the subject property.
Due to on -site topography, a lift station will be
required as well.
7. Public Health Services:
Existing medical facilities in Kalispell will be able
to accommodate the medical needs and emergencies of the
residents of this subdivision.
F. EFFECTS ON AGRICULTURE:
The townhouse development will have no direct or
indirect impacts on agricultural activities.
G. EXPRESSED PUBLIC OPINION:
Property owners within 150 feet of the property have
been notified of the application for preliminary plat.
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To date, no one has expressed a comment on the proposed
subdivision.
H. NEED FOR SUBDIVISION:
The applicant has not provided evidence of a true need
for this subdivision. The growth which the county is
experiencing does require a range of housing
opportunities however, and it is expected that there is
a market and a need for this type and scale of
residential development.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL, MONTANA:
SECTION 1. That the application of Mitchell/Swoish
Partnership for approval of the subdivision of the
property described in Exhibit "All is hereby approved
subject to the following conditions: a
1. That the subdivision gain approval to file plat
from the State Department of Health and Environmental
Sciences.
2. That the "Common Area" of the subdivision be
proportionately distributed to each townhouse lot for
taxing purposes.
3. That two off-street parking spaces be provided on -
site for each townhouse lot.
4. That Grandview Lane be improved to City of
Kalispell standards for local streets and the final
design of said improvements meet with the approval of
the city's Public Works Director.
5. That the covenants be amended to indicate that the
cart path leading to the homeowner's recreation area is
not to be used by motorized vehicles. Appropriate
signage shall be installed at the top of the path.
6. All water lines and sewer mains shall be built
according to plans and specifications approved by the
City of Kalispell Public Works Department. All water
and sewer main extensions onto private property shall
be placed within suitable easements. An on -site sewer
lift station shall be equipped with a back-up generator
and alarm system.
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7. The internal private road system shall be built to
City of Kalispell standards and approved by the city's
Public Works Department. Maximum grade of said road
shall not exceed city design standards.
8. The applicant shall submit a detailed landscape and
fencing plan addressing treatment of the westerly edge
of the development adjacent to Grandview Drive and
Grandview Lane, the entryways to the development, and
the steep slopes leading to the Stillwater River.
9. A storm water drainage plan prepared by a licensed
engineer shall be submitted to and approved by the
City's Public Works Department.
10. A conditional use permit is required for the
townhouse development.
11. Placement of fire hydrants shall be approved by
the City of Kalispell Fire Department.
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12. A common mailbox site shall be identified and
approved by the U.S.P.S.
13. in consultation with the Soil Conservation
District, the developer shall restore and maintain a
streamside management zone, extending no less than 25
feet from the ordinary high water mark of the
Stillwater River in the area of the homeowners'
recreation area. Said zone shall contain native
vegetation, including trees.
14. The declaration of covenants shall be amended to
include specific language which identifies the
homeowners' recreation area as a common element, and
addresses maintenance responsibilities of the
recreation area.
15. The developer shall provide an engineer's plan to
mitigate temporary runoff into the Stillwater River
during construction of the entire project.
SECTION II. The classification of said premises under
the Kalispell Zoning ordinance shall not be changed by
the action.
SECTION 111. That this preliminary should be effective
for a period of one year following passage of this
Resolution.
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SECTION IV. That upon proper review and filing of the
f inal plat of said subdivision in the of f ice of the
Flathead County Clerk & Recorder, said premises shall
be a subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS 7th DAY OF December , 1992.
ATTEST:
Amy H/Robertson
Finance Director
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D. Rauthe, Mayor
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EXHIBIT "A"
Tract 1: A tract of land in Government Lot 12 of Section 6.
Township 28 North, Range 21 West, m.p.m., Flathead
County, Montana, described as follows:
A strip of land being 30 feet In width and bordering
the northerly boundary line of Government Lot 12 and
commencing at the easterly boundary line of a County
Road and extending easterly to the centerline of the
Stillwater River.
Tract 2: A tract of land in Government Lot 12 and Government Lot
13 of Section 6, Township 28 North, Range 21 West,
M.P.M., Flathead County, Montanar described as follows:
Commencing at the Northwest corner of the Southeast
Qua6ter of said Section 6; thence
South 03 10'11" West and along the West boundary of
said Southeast Quarter a distance of 30.07 feet to
the True Point of Beginning of the Tract of land
her8in described; thence
North 89 20'47" East a distance of 798.73 feet to a
point on the thread of the Stillwater River;
thence along said thread the following Eight (8)
cougses:
South 27 57'05" East a distance of 120.26 feet to a
poi8t; thence
South 09 21'00" Went a distance of 152.81 feet to a
poigt; thence
South 79 45,4611 West a distance of 236.76 feet to a
polat; thence
South 33 2612511 West a distance of 81.03 feet to a
poiet; thence
South 22 03'46" East a distance of 106.41 feet to a
poi8t; thence
South 46 0013511 East a distance of 230-17 feet to a
poi8t; thence
South 69 49'43" East a distance of 32.05 feet to a
poigt; thence
South 72 0213911 East a distance of 217.66 feet to a
poigt; thence leaving said thread
South 79 4614711 West a distance of 449.94 feet to a
poi8t; thence
South 77 4412311 West a distance of 132.01 feet to a
poigt; thence
North 65 2613111 West a distance of 265.90 feet to a
poiet; thence
North 45 56'31" West a distance of 100.00 feet to a
poi9t; thence
North 20 11'31" West a distance of 377.00 feet to a
point; thence
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North 040 26'31" West a distance of 150-00 feet to a
poigt; thence
North 09 03'29" East a distance of 120.00 feet to a
Poiet; thence
North 89 20147" East a distance of 13.08 feet to the
point of beginning.
Tract 1 of Certificate of Survey No. 9888
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