Resolution 3731 - Preliminary Plat - Park Place-1
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RESOLU�TTON NO -
A RESOLUTION C014DITTONALLY AP.,PROVTNG
PLACE, A PORTION OF LOT 6 OF tjE PORTA
THE S! NEI OF SECTION 12, TOWNSHIP 28
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FLATHEAD COUNTY, MONTANA.
3731
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THE PRELTMTNARY PLAT OF PARK
VTLLA SUBDTVTSTON, LOCATED TN
NORTH, RANGE 22 WEST, P.M.M.,
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WHEREAS, Manuel Bauska, J mes McKnight, Garmen Meadows� and Bill
Bridwell, by and through Flachead Land Consultants, the owners of a
portion of Lot 6 of the Porta Villa Subdivision, Kalispell, Flathead
County, Montana, have petitioned for approval of the resubdivision of
Lot 6 of Porta Villa Subdivision, to be known as Park Place,"--as_is
more particularly described in Exhibit "A", attached hereto and for
purposes of this Resolution made a part hereof, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission held a public hearing on said petition on May 12, 1987, to
consider the resubdivision under the Subdivision Regulations of -the
City of Kalispell as now in effect, and
WHEREAS, said Kalispell City -County Planning Board and Zoning
Commission and 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
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WHEREAS, the City Council of the, City of Kalispell has had an
opportunity to review the report of the Flathead Regional Development
Office and held a public hearing as required under Section 2.2(F)(1),
Subdivision Regulations of th ' e. City of Kalispell and has found that
from the preliminary plat, and evidence, that the subdivision is in
the public interest, and
WHEREAS, the City Council of the City of Kalispell has based its
public interest findings upon the following finding of fact:
A. EFFECTS ON PUBLTC HEALTH AND SAFETY:
Few adverse imp"acts to public health and -safety are-:_.-xpected
with approval and development of the subdivision. Few, if
any, "threats" are pused by the natural environment. The
property should not be subject to flooding, wildfire, or
other similar events.
Similarly, the subdivision should not create or otherwise
contribute to public safety problems in the area. Off -site
impacts, especially relative to automobile traffic, should
be minimal due, to the small scale of the subdivision and
adequacy of the existing road network. The sharing of driveway
approaches onto Hawthorn Avenue will also help to reduce the
possibility of occasional interference with traffic flow.
Provision of municipal services will also serve to protect
the general public interests. Police and fire protection
and connection to city water and sewer facilities will help
ensure public health and safety.
B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT:
The subject property and general area are committed urban
lands . The adjoining property is mostly developed. with
residential housing and the area of the proposed subdivision
offers only marginal habitat for wildlife. No animal species
of any particular significance will be lost or otherwise
compromised by the subdivision.
C. EFFECTS ON THE NATURAL ENVIRONMENT:
1. Water:
Impacts to surface and groundwater will be negligible.
Overland run-off will not directly enter any surface water
and the chance of groundwater contamination is unlikely since
no underground sewage t I reatment will be Acessary. Storm
drainage facilities will "need to be designed in accordance
to City standards to provide efficient containment and control
of runoff.
2. Topograp y,:
The site is mostly flatt. Extensive site preparation will
not be necessary to develop the property.
3. Vegetation:
The property is mostly grass -covered and without trees br
shrubs. No plant communities or species of particular signifi-
cance will be lost with development of the site.
D. EFFECTS ON TAXATION:
An estimate of the market value of the property prior to
subdivision is $30,000. . An estimate of the amount of taxes
is $530. Taxes per lot following subdivision will likely
approach $110 for land and- will increase to approximately
$1,100 following development of a townhouse on each lot.
This increase in taxes will still likely be deficient for
off -setting the direct and indirect costs of provided public
services.
E. EFFECTS ON LOCAL SERVICES:
1. schools:
Two to three school -aged children might be associated with
this six -lot subdivision. This number of additional children
will not create a crowding problem in the Kalispell school
system.
2. Parks and Recreation:
The nearest public park is Hawthorn Pa-rk,, approxima4ely two
blocks north of the subdivision. This park receives consid-
erable use due to the'high residential density in the area.
The property was subject to an earlier parkland dedication
requirement as pertinent to the approval of Porta Villa
Subdivision Number Two. Regardless, it is the opinion of
the Department of Commerce that this does not waive the
parkland dedication requirements of the Montana Subdivision
and Platting Act since additional lots are being created.
Accordingly, an area equivalent to one -ninth of the combined
area of the lots is to be forever dedicated to the public
for parks or playgrounds. In this situation, the required
dedication amounts to 0.05 acres (0.473 acres of lots divided
by 9). Since a park site is not proposed, a fee -in -lieu of
parkland dedication is appropriate. The City of Kalispell
Parks Committee and Annexation Committee shall determine the
appropriate amount of a cash in -lieu -of fee.
3. Fire Protection:
The subdivision will be served by the Kalispell Fire Department.
Two fire hydrants are located within 130 feet of the sub-
division. An additional fire hydrant may be necessary near
the westerly terminus of the "40 foot road and utility
easement." The subdivision should not pose as a fire
suppression hardship on the Fire Department.
4. Police Protection:
The subdivision should not create an additional undue burden
on the Kalispell Police Department. The property is already
within the service area of the Department and a subdivision
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of this scale and type should not create a substantial demand
for police services.
5. Roads:
Direct access to eacb lot will be from Hawthorn Avenue.
Encroachment onto the road will be limited to three shared
driveways. Hawthorn 'has sufficient capacity to accommodate
the anticipated 36 additional daily trips so congestion should
not be a problem. A primary concern pertains to road main-
tenance. Numerous road cuts will be necessary to connect
the lots to the. water and sewer lines. This may contribute
to a long term maintenance problem of Hawthorn Avenue along
the stretch adjoining the subdivision. It would probably be
appropriate to enter into some agreement between the, developer
and city for the purpose of assigning responsibility for the
reconstruction of the affected road segment. / .
6. Water/Sewer:
The City Public Works Director does not anticipate any problem
with the provision of water and sewer service to the sub-
division. The design and-cost.of the extensions will be
borne by the subdivider.
7. Solid Waste:
City garbage service will be available to the lots. Again,
this subdivision should not create an undue burden on the
City's disposal services.
8. Public Health Services:
A full range of medical services are available in Kalispell
which can accommodate the needs of the subdivision.
F. EFFECTS ON AGRICULTURE:
The subject property is an existing urban lot and is within
the City limits of -Kalispell. The...'property is surrounded.. -on
three sides by residential development and the infrastructure
is available for deve-lopment. Therefore, this subdivision
will have no direct or indirect impacts on agriculture.
G. EXPRESSED PUBLIC OPINION:
Public notification of the proposed subdivision was made
pursuant to Section 2.2(F)(1) Subdivision Regulations of the
City of Kalispell. Bill Bridwell appeared in support of the
subdivision. No one appeared to object to the proposed
subdivision.
H. NEED FOR THE SUBDIVISION:
The subdivision will create six lots for townhouse development,
which will allow ownership of individual units as opposed to
leasing or renting. This type of housing choice is relatively
scarce in Kalispell so the subdivision may provide an oppor-
tunity for home ownership at a "reasonable" cost.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA:
SECTION 1. That the application of Manuel Bauska, James
McKnight, Carmen Meadows and Bill Bridwell, for approval of
Park Place, a proposal to create six additional townhouse
lots on a portion of Lot 6 of Porta Villa Subdivision,
located in the S1 NEI of Section 12, Township 28 North,
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Range 22 West, P.M.M., Flathead County, Montana, as described
in Exhibit "A", is hereby approved subject to the following
conditions:
1 . That the necess y approvals fo-r connection to the
city water and sewer fa�,Ii-lities be approvel by the Director
of Public Works and by �,he State Department of Health and
Environmental Sciences, as\,appropriate.
2. That a sidewalk be built by the subdivider in accordance
to City standards for that portion of the subdivision bor'
Hawthorn lering
Avenue, unless said requirement is waived b�y the
City Council.
3. That adequate provisions for storm water drainag�,be
provided in accordance to plans prepared by a register"ed
engineer and as approved by the Director of Public Works.
4. That the developer be responsible for the repair of
all curb and road cuts to the satisfaction of the Director -
of Public Works.
5. That approach permits be obtained for each of the
shared driveway approaches.
6. That all utilities be placed underground and in
utility easements specified.on the face of the final plat.
7. If the Kalispell Fire Department determines a need
for a fire hydrant, it shall be installed at a location
acceptable to that Department. If the water main must be
extended in order to install a new hydrant, the cost shall
be borne by the subdivider developer.
8. That improvement drawings be prepared for each of
the foregoing improvements as per the requirements of Section
2.3, Kalispell Subdivision Regulations.
9. That a fee for parkland dedication be paid by the
subdivider in an amount to be determined by the City Annexation
Committee and City Parks Committee.
10. That the covenants be recorded prior to the filing
of the final p1dt..
11. That all the required improvements be properly
installed or guaranteed for completion in accordance to Chapter
5, Kalispell Subdivision Regulations, prior to the filing of
the final plat.
12. That the net and gross acreage of each lot be shown
on the face of the final plat.
13. That the homeowner's association be incorporated if
said association will hold title to any land or be responsible
for any real property taxes.
SECTION II. The classification of said premises under the
Kalispell Zoning Ordinance shall not be changed by the action.
SECTION 111. That this preliminary plat should be effective
T—or a period of three years 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 THE CITY OF KALISPELL AND APPROVED BY
THE MAYOR THIS 15th DAY OF JUNE, 1987.
ATTEST:
-City Clie—r�K-Treasurer
/bbn "Ed" Kenne/d� Jr., Mayor
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�VIHTBIT "A"
A tract of land located in e Northeast Quarter (NEI) of- Section
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12, Township 28 North, Range. 12 West, Principal Mer i than Montana,
Flathead County, Montana, and more particularly described as follows:
Commencing at the Southeast corner of Hawthorn West T, acc ding
to the plat thereof, on (Lle with the Flathead County%lerk
and Recorder, which point is indicated by a found 5/8" re -bar
and which point lies on the West boundary of a 60-foot
dedicated right-of-way known as Hawthorn Avenue, and which
point is the True Point of Beginning; thence South, on and
along said West right-of-way boundary of Hawthorn Avenue, a
distance of 295.00 feet to a point; thence South 89'28'05"
West, and leaving said West right-of-way of Hawthorn Avenue,
a distance of 75.00 feet to a point; thence North, a distance
of 295.00 feet to a set 5/8" re -bar and which point lies on
the South boundary of said Hawthorn West T; thence North
89'28'05" East, on and along said South boundary of Hawthorn
West 1, a distance of 75-00 feet to the True Point of
Beginning.
I, the undersigned, City Clerk of the City of Kallapell, 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
City Clerk of the City of Kalispell