Resolution 3628 - Preliminary Plat - Kaltana AdditionRESOLUTION NO.'- 3628
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF KALTANA
ADDITION NO. 153.
WHEREAS, Kaltana Corporation, a Montana corporation, the owner of a tract of
land, to -wit: A tract of land, lying in the southwest quarter of the southeast
quarter (SW-41 SEW') of Section 12, Township 28 North, Range 22 West, P.M.M. .
Flathead County, Montana, as more particularly described in Exhibit "A", on the
27th day of September, 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 application on December 2, 1985, and
WHEREAS, the proposed subdivision is a minor subdivision under the provisions
of Section 76-3-505, M.C.A., and is entitled to summary review under Section 2.7
of the Kalispell, subdivision regulations, and
WHEREAS, the owner by and through, Sands Surveying, presented the preliminary
plat of said subdivision for review by the City Council at the regulary scheduled
Council meeting held on the 16th day of December, 1985, and
WHEREAS, the City Council of the City of Kalispell has reviewed the Preliminary
Plat, and made the following findings based upon the public interest criteria contained
in Montana law:
1) EFFECTS ON PUBLIC HEALTH AND SAFETY:
Adverse effects to public health and safety with development of five
commercial lots should be minimal. The subdivision will be served with
such public services as water, sewage treatment, police and fire protec-
tion, and public roads. Some traffic problems may be created depending
upon the type of uses that eventually develop on the five lots. Road
width of the existing city street serving the property is already inadequate
and some traffic congestion is possible at the intersection of that road
with the highway, since it is located along a curve and is across the
street from another intersection. The actual scale of the potential problem
is difficult to anticipate without knowing more about the uses that will
be located on the property and what on site and off site improvements
will be done to mitigate some of the possible impacts.
2) EFFECTS ON WILDLIFE AND WILDLIFE HABITAT:
The subject property has limited value to wildlife since it is virtually
surrounded by urban uses and generally lacks good wildlife habitat.
Spring Creek provides a riparian habitat and value of this creek to
wildlife and fishes should be protected by requiring development to stay
outside of the flood plain.
3) EFFECTS ON NATURAL ENVIRONMENT:
A. Water:
A portion of Lot 5 is located in the 100-year flood plain of Spring
Creek and it is in this location that the creek crosses to the south side
of U.S. Highway #2. The current topographical conditions of the property
direct run-off towards the creek. Development of the property will
tend to increase overland run-off, which could exacerbate problems with
the contamination of Spring Creek. A properly designed drainage system,
together with protection of the flood plain, should help mitigate potential
problems with excessive run-off to the creek.
B. Topograp
Overall, the topography of the property is mostly gentle with no
abrupt changes in slope, except on Lot 5 where Spring Creek crosses
along the southwest corner. In that area the creek is contained by
high banks. Disturbance of the creek banks should be avoided if the
developer is set back from the boundaries of the. flood plain.
C. Vegetation:
Generally, three types of plant communities are found on the property.
Riparian vegetatation follows the creek whereas weed species are common
along the road and in the vicinity of Lots 1 and 2. Remnants of
cultivated crops are found over a large portion of Lot 4 and 5. The
important riparian vegetation should not be effected if development is
set back from the boundaries of the 100-year flood� plain.
4) EFFECTS ON TAXATION:
.M�
The subject property is currently being assessed at approximately
-1$1,885.00 per year in taxes. It is expected that approximately $880.00
per lot, or a total of $4,400.00, will be assessed following the subdivision
of the land into five commercial lots. Additional real estate taxes will
be assessed when the property is developed with commercial buildings.
5) EFFECTS ON LOCAL SERVICES:
A. Schools:
The proposed commercial subdivision will have no direct impacts on
school enrollment.
B. Parks and Recreation:
The proposed commercial subdivision will not directly effect or create
additional demand for city or county parks.
C.
Fire Protection:
The City of Kalispell Fire Department.will respond to any fire emergen-
cies that may be associated with the subdivision. The required improve-
ments include a new fire hydrant, temporary cul-de-sac, and an easement
along the westerly boundary of the subdivision.
D. Police Protection:
The police protection and related services will be provided by the
City of Kalispell Police Department. The impact of five lots commercial
subdivision onto the workload of the Police Department is not known
due to the uncertainty of how many and what kind of businesses will
eventually develop on the property.
E. Roads:
Each� of the five lots will front along an unnamed street. Said
street has an existing thirty (30) foot right-of-way but is only paved
to a twenty (20) foot width. An additional thirty (30) feet will be
deeded by the subdivider. The dead end road created by the unnamed
City street will be required to have a forty (40) foot radius cul-de-sac
at the -northerly end of the road. Some traffic congestion may result
because "Kaltana Drive" (unnamed street) intersects with Highway 2 in
the area and Appleway Drive intersects Highway 2 directly across from
the subdivision.
F. Water/Sewer:
Each of the lots will connect to the city water and sewer lines that
adjoin the property along "Kaltana Drive". Connection to these lines is
subject to the approval. by the City, the State Department of Health and
Environmental Sciences, and neither the City nor the State has expressed
any concerns pertaining to the ability of the City to service the property
with sewer and water services.
Solid waste can either be disposed of by the City of Kalispell or
through a private contract hauler.
6) EFFECTS ON AGRICULTURE:
The soils in the general area are in compatibility groups Class II
and Class III, which suggests the land is prime farm land. However,
farming of the property is not practicable as given the urban character
of the adjoining lands and due to its small size.
7) EXPRESSED PUBLIC OPINION:
The proposed subdivision is a minor subdivision and, as such, is
being reviewed under summary review procedures of the Kalispell subdi-
vision regulations. These procedures do not require public notification
of the proposal, so no public input has been sought or received.
8) NEED FOR SUBDIVISION:
The proposed subdivision will create fiv ' e commercial lots and the
zoning will permit general commercial uses. Based upon the amount of
existing, vacant and proposed commercial lands/uses in Kalispell and
vicinity, it is doubtful that the proposed subdivision is needed at th's
time.
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF KALISPELL AS FOLLOWS:
SECTION I. The preliminary plat of Kaltana Addition No. 153 is
hereby appro��_ed, as serving the public interest, and the name shall be
known as the Kaltana Addition No. 153 subject to the following conditions:
1. That the State Department of Health and Environmental
Sciences approved the plans and specifications for sanitary
facilities.
2. That a drainage analysis be conducted in accordance
with the criteria set forth in Section 3.11B of the Kalispell
Subdivision regulations and that a storm water drain system
be installed of sufficient capaicity to accommodate the amount
of storm water associated with a 10-year storm.
3. That no development be permitted within the 100-year
flood plain of Spring Creek.
4. That "Kaltana Drive" is to be expanded to 24 feet by
the construction of curb and gutter at the time of develop-
ment .
5. That a temporary cul-de-sac having a 40 foot radius be
constructed on "Kaltana Drive" near the northerly boundary
of the subdivision and be improved to standards acceptable
to the Director of Public Works and Fire Chief.
6. That a set of improvement drawings depicting all utilities,
roads, storm drainage systems, etc. be approved prior to
the final plat as per Section 2.3 et. seq. of the Kalispell
subdivision regulations.
7. That the westerly 30 feet of "Kaltana Drive" right-of-way
be dedicated to the City of Kalispell for roadway purposes.
8. That a fire hydrant be installed in the vicinity of U.S.
Highway 2 and "Kaltana Drive" in accordance with the
approved plans and concurrence of the director of Public
Works and the Fire Chief.
9. That an accessible easement for emergency ingress and
egress purposes of at least 20 feet in width be improved to
gravel standards along the westerly boundary of the sub-
division. Said easement shall not be obstructed in any
manner and shall be maintained for year-round vehicular
use . The easement shall loop towards "Kaltana Drive" in
the area of Lot 5 to avoid disturbance of Spring Creek.
10. That a "Consent to Plat" form be signed by the First
Interstate Bank of Kalispell.
11. That the green belt standards established in Section
4.05 of the Kalispell Zoning Ordinance be applied to the
northerly and westerly boundary of the subdivision.
12. That street lights be installed in conformance with the
standards prescribed by the Director of Public Works.
13. That during a construction of improvements in the
subdivision the developer shall control the surface run-off
by installatioin of a temporary erosion and sedimentation
control facilities.
14. That all required improvements, including those listed
herein above, be constructed to City standards at developer's
expense. Any improvements not contemplated prior to the
application for file plat approval shall be subject to a Subdi-
vision Improvement Agreement to insure satisfactory completion
of the improvements wiihin an agreed time period. The
Subdivision Improvement Agreement shall include a security
in the amount of 125% of the anticipated costs of completing
the improvements.
SECTION 11. That the classification of said premises under
the Kalisp�_Il Zoning Ordinance shall not change by this action.
SECTION III. That a park dedication shall not be required
because this property is not a residential subdivision.
SECTION IV. That upon proper review and filing of the
final plat of said subdivision in the office of the Flathead
County Clerk and Recorder, said premises shall be a subdi-
vision of the City of Kalispell.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AND APPROVED
BY THE MAYOR THIS 16TH DAY OF DECEMBW, 1985.
ATTEST:
n Halvbr,'City Clerk -Treasurer
I, the undersigned, City Clerk of the City of Kalispell, 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
ty Clerk of the City of Kalispell, Montana
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I
E
E-dIIBIT "A"
A tract of land in the SW.4SEI-A of Section 12, Township 28
North, Range 22 West, M.P.M-, Flathead County, Montanat
and more particularly described as follows:
Commencing at a point which is the South Quarter Corner
of said Section 12; thence
North 00047'58" East and along the West boundary of
said SWkSE4 a distance of 47.19 feet to the True
Point of Beginning; thence continuing
North 00047'58"-East on and along said West boundary
of the SWkSE-4 a distance of 995.50 feet to a Point;
thence
North 89138'25" East a distance of 313.06 feet to a
point which lies on the West boundary of "Street"F
Gibson Addition No. 41, records of Flathead County;
thence
South 00"47'58" West on and along said West boundary
of "Stree�", Gibson Addition No. 41, records of
Flathead County, a distance of 932.97 feet to a
point which lies on the Northerly right of way of
Highway No. 2; thence
Southwesterly on and along said Northerly right of
way on a curve to the right (Delta = 16*58'12"
Radius = 1086.00 feet, radial bearing North 20*05'37"
West), a distance of 321.65 feet to the True Point
of Beginning.
EXCEPTING therefrom public roads and rights of way -
All as shown on Certificate of Survey 5499, Records of
Flathead County, Montana.
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