Resolution 3623 - Preliminary Plat - Windward Villa TownhousesRESOLUTION NO. 3623
A RESOLUTION CONDITIONALLY .APPROVING THE PRELIMINARY PLAT OF
WINDWARD VILLA TOWNHOUSES NO. 190 ,
WHEREAS, Don Frownfelter, the owner of a tract of land; to -wit: Windward
Villa Townhouses No. 190 , Kalispell, Flathead County, Montana, more particularly
described in Exhibit "A", on the 9th day of August 1985, made an
application to subdivide said property, and
WHEREAS, the Flathead Regional Development Office reviewed said Application
and submitted a report on the proposed subdivision on the 13th day of September,
1985, and
WHEREAS, the proposed subdivision is a major subdivision under the provisions
of Title 76, Chapter 3, M.C.A. and the provisions of §2.7(c), City of Kalispell,
Subdivision Regulations apply, and
WHEREAS, the owner by and through Thomas, Dean & Hoskins, Inc., presented
the Preliminary Plat of said subdivision for review by the City Council at the
regularly scheduled council meeting held on the 215t day of November
1985, and
WHEREAS, the City Council of the City of Kalispell, have reviewed the Preliminary
Plat, and made the following findings based upon the public interest criteria contained
in Montana law:
A. EFFECTS ON PUBLIC HEALTH AND SAFETY:
Impacts to public health and safety with development
and occupation of the subdivision should be minimal. The
subdivision will be provided with all city services including
police and fire protection, water, and sewage disposal.
Some occasional conflicts with vehicle egress/ingress may
develop due to the high population density that Windward
Way will or is having to serve, given that Windward Way is
a dead end street and has a right-of-way of only 40 feet
instead of the minimum 60 feet required as per Kalispell
Subdivision Regulations,
B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT:
No vegetation of particular significance to wildlife will be
lost with development of the property nor will any particular
population of wildlife be adversely affected.
C. EFFECTS ON THE NATURAL ENVIRONMENT:
1. Water:
No surface water is in the immediate vicinity
although there is some evidence of high ground
water northwest of the property behind Glacier
View Hospital. The impacts of surface water
drainage on the adjoining and lower property to
the west should be avoided by directing most of
the site drainage towards Windward Way.
2. Topography:
There is less than a four foot elevation difference
over the length of the property so, extensive
grading to prepare the site for development should
be avoidable. However, as mentioned above, the
property to the west is on a lower "plain" than
the subject property and, as such, care should
be taken to avoid excessive drainage into that
area.
3. Vegetation:
The vegetation of the site is reflective of a
disturbed site where weeds, including thistles,
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and grasses dominate the plant composition. No
plant community of particular interest will be lost
with development of the site.
D. EFFECTS ON TAXATION:
Current annual taxes on the property, exclusive of any
special taxes, is approximately $307. After development taxes
on the property should increase to approximately $8,000 per
year. This annual increase in taxes should represent a
reasonable share of the costs for providing public services
to the subdivision provided that Windward Villa Way remains
private and other direct. costs for extending public utilif"l-
and improving Windward Way are borne by the subdivider.
E. EFFECTS ON LOCAL SERVICES:
1. Schools:
Normally, a 20-unit residential subdivision might
be expected to contribute up to 30 children to
the Kalispell School District, which would
represent a significant impact to the school system,
especially if a large proportion of that number
are of grade school age. However, few children
are likely to be associated with this residential
subdivision since the dwelling units are not
designed for family living. Instead, a 480 square
foot unit is likely to be attractive to only singles
or couples with no children. Therefore, adverse
impacts to the school system with development of
this subdivision should be minimal.
2. Parks and Recreation:
This residential subdivision is subject to the
parkland dedication requirements of Montana
Statutes and Sections 3.16 of the Kalispell
Subdivision Regulations.
Although the subdivision application shows 20 lots
with a total lot .area: of 0.22 acres, - it is the
interpretation of the City Attorney's Office that
the common area or remainder of the subdivision
also amounts to be a "lot" as it is a privately
owned tract in which each lot owner has an
undivided common interest. Therefore, the
cash -in -lieu of parkland should be calculated based
on the total area of the subdivision.
In the proposed subdivision, no area is set aside
for park facilities nor is any portion of the site
suitable for such a facility. Therefore, a
cash -in -lieu of parkland is. recommended. Although
the applicant has stated the value of the land as
$9,000/acre, the actual purchase value of the land
was $52,000 or $58,100 per acre.
Based on the City Attorney's interpretation and
recommendation, the cash -in -lieu of parkland will
be $5,777 which corresponds to the value of 0.099
acres.
3. Fire Protection
The Kalispell Fire Department will respond to any
fires on the property. An existing fire hydrant
is located nearby and the proposed private road
(Windward Villa Way) can accommodate fire
equipment. Among the concerns expressed by
the Kalispell Fire Department is the possible
problems with snow removal on the private road
and Windward Way not being a through street.
4. Police Protection:
The Kalispell Police Department has submitted no
written comments on its ability to provide police
protection for the subdivision.
5. Medical:
Major medical facilities are available within a two
block radius of the subdivision and said facilities
have sufficient capacity to accommodate the needs
of the subdivision residents.
6. Roads.
The primary avenue of vehicular access to the
subdivision will be from U.S. Highway 43 to
Sunnyview Lane and then to Windward Way which
does not meet city standards as it has a
right-of-way of only 40 feet. A private drive
(Windward Villa Way) will provide parking access
to the individual townhouse units. In general,
the public roads. have sufficient capacity to
accommodate the anticipated 120 vehicular trips
of the subdivision but Windward Way poses a few
potential limitations. In particular, said road is
not improved to the full length of the property
and it is bounded by only a 40 foot right-of-way,
which might limit future options for expanding
the width of the road. Although, it would be
preferrable to eventually continue Windward Way
to Heritage Way, at this time the subdivider should
at least be. required to improve Wlindward Way to
the length of the subdivision boundary and provide
additional right-of-way of 10 feet on his side to
help meet the City road standards and provide
for any future road widening to meet traffic
increase that would result with the development
of Developer's Diversified land north of the subject
tract.
7. Water/Sewer-
As previously stated, the subdivision will be
served with city sewer` and water facilities. A
requirement for Health Department approval of the
subdivision is verification by the City that the
subdivision can be adequately served with city
utilities.
F. EFFECTS ON AGRICULTURE:
The area of the proposed subdivision is in the city limits of
Kalispell and offers no potential for farming.
G. EXPRESSED PUBLIC OPINION:
The Kalispell Subdivision Regulations specify that public
hearings on subdivision applications be held before the City
Council. Although no public hearing will be held by the
Kalispell City County Planning Board and Zoning Commission,
letters have been sent to the adjoining property owners of
the pending application and of the up -coming meeting of the
"Board". To date, no negative or positive comments have
been expressed concerning the proposed subdivision.
H. NEED FOR SUBDIVISION:
The subdivision will provide 20 residential units. Each unit
will only offer 480 square feet of living area and will be
marketed as townhouses rather than rentals. This rather
small size of the units may be appealing to individuals or
couples who desire home ownership at an "affordable" price.
NOW THEREFORE BE iT RESOLVED BY THE CITY COUNCIL ;OF THE CITY OF
KALISPELL AS FOLLOWS: `
SECTION I. The Preliminary Plat of Windward Villa Townhouses No.
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190 is hereby approved, as serving _the public ipterest,
shalF be known as Windward Villa_ Townhouse Addition No.
to the following conditions:
and the name
190 subject
1. That the subdivider shall be responsible rJ
and paving Windward Way Street hp+w,r kp esent end
of the pavement to ten (,o) teetwbeyond the northern
entrance levit of_ the sutdivision, continuing the present
--roadway width -of 4 feet. The building and paving of the
road shall be in accordance with the City standards. Curbs
and gutters need not be built prior to approval of the final
plat.
2. That the subdivider shall dedicate an additional ten feet
(10') of right-of-way on the westerly boundary of Windward
Way for City street purposes.
3. That proposed Windward Villa Way shall be paved to 24
feet width and shall be privately owned and maintained.
4. That on -site water and sewer lines be designated as
private utility services with the City assuming responsibility
only for mains on Windward Way and the main on the Heritage
Health Utility Easement.
5. That the proposed covenants be amended to,
(a) Correct Section 25, page 12 : Reference to
the "Board of County Commissioners" should be
replaced with "Kalispell City Council";
(b) Have title of the recorded plat of Windward
Villa reflected in the legal description of the
property to be subdivided as included in Exhibit
A; and,
(c) Reflect the property owners responsibility
for maintenance, repair, and replacement of
Windward Villa Way artd the water.and sewer lines
on the property.
6. That Windward Villa Way be built to the City standards
and be signed.
7. That the subdivision shall meet or exceed the city public
works standards and all improvement and construction
drawings including plans for water, sewer, road improvements
and drainage shall be submitted to and approved by the
City Council prior to submittal of final plat application.
8. That the developer shall meet all requirements of the
RA-1 zone including:
(a) Placing of all structures so that the furtherest
projection of each building is 15 feet from the
private street, Windward Villa Way;
(b) A minimum yard of 15 feet from the
right-of-way of Windward Way after dedication of
additional 10 feet right-of-way required under
Condition No. 2;
(c) The common area shown on the preliminary
plat shall not be encroached upon by construction;
and
(d) All building plans shall be reviewed and
approved by the Building Department to ensure
that bulk and dimensional requirements of the
zoning ordinance are met.
9. That the subdivider shall provide the City with an
easement over and across Windward Villa Way for the purpose
rf solid waste collection and fire protection.
b That arty adequate numbering syste"e-_established for
$1e units tv be constructed and the units be +dentified with
'x: =-1 �**rrnbess or fetters of at least four -inch __[+") in
zeii ' s a,,htad in such a manner so as to make there
'eadable from tff �;-,..i,�q the night.
1. That an opening of at least tern-v,? i 1-1 th be
)rovided between units ten and eleven for fW-6 access and
;aid area be kept clear of all fences, shrubbery or other
)bstructions. This requirement can be waived by consent
)f the Chief of the Fire Department.
2. That proposed extention of the City water main on
Vndward Way from the existing main be upgraded to an
sight inch (B") main.
3. That the parkland dedication requirement be waived
ind instead cash -in -lieu of parkland in the amount of
$5,777.00, less 1/9 of the value of the dedicated ten foot
(10') right-of-way easement along Windward Way, be accepted.
14. That the subdivider completed all required improvements
prior to applying for final plat approval or shall enter into
a Subdivision Improvement Agreement with the City to ensure
satisfactory completion of improvements within an agreed time
period and shall provide an improvement guarantee in. the
amount of 125 percent (1.25%) of the anticipated costs of the
uncompleted improvements.
SECTION III. That the classification of said premises under the Kalispell
Zoning Ordinance shall not change by this action.
SECTION 111. That park dedication shall not be required because the
property is subject to the exception contained in Section 76-3-606(3)
MCA.
SECTION IV. That upon proper review and filing of the final plat of
said subdivision in the Office orAhe Flathead County Clerk and Recorder,
said premises shall be a subdivision of the City of Kalispell.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AND APPROVED
BY THE MAYOR THIS 21ST DAY OF OCTOBER , 1985.
ATTEST:
on Halver, City Clerk -Treasurer
I, the undersigned, City Clerk of the City of Kalispel_, certify that the foregoing
is a true copy of the Resolution passed by the City Council of the City of Kalispell,
Montana, at a regular meeting held October 21, 1985.
City Clerk of the City of Kalispell, Montana
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