Resolution 3929 - Preliminary Plat - Duncans AdditionRESOLUTION NO. 392g
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF THE
AMENDED SUBDIVISION OF LOT 1, BLOCK D, DUNCAN'S ADDITION, LOCATED IN
SWINW4 AND NW�SW , SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, School District No.
Duncan's Addition, Flathead County,
of the Amended Subdivision Plat of
and
5, the owner of Lot I, Block D,
Montana, has petitioned for approval
Lot 1, Block D, Duncan's Addition,
WHEREAS, the proposed Amended Subdivision Plat of Lot 1, Block
D, Duncan's Addition is subject to the provisions of §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 §2.2(F)(3), Subdivison 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 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:
1. Police Protection: This two -lot subdivision is within
the existing service area of the Kalispell Police Department.
The Kalispell Police Department did not comment on the
application.
2. Fire Protection: Fire protection to the subdivision is
availablerom the Kalispell Fire Department. Firefighting
capabilities appear to be adequate to the subdivision.
Fire hydrants are conveniently located along Fifth Avenue
East North and along Sixth Avenue East North. Access is
available to at least three sides of the affected block.
Future site plan review of any new development on the lots
will consider fire access to the properties. The Kalispell
Fire Department did not comment on the application.
3. Traffic: Trip generation from this subdivision cannot
be fully assessed at this time. It is likely that the
building on Lot IA will continue to function as the Laser
School, whereas the future uses of Lot 1B are unknown. Lot
1B is a corner lot where access is possible off of Idaho or
Fifth Avenue East North. Site plan review of any future
development of Lot 1B will consider egress and ingress to
the lat. Encroachment permits will be necessary from either
the State highway Department or from the City of Kalispell.
In -any event:, it appears that alternative routing is available
to alleviate any potential traffic congestion or Hazards in
the area.
4. Floodplain: This property is not susceptible to flooding
from any near surface bodies of water.
5. Topography: The subject property has already been
developed is relatively flat. No unusual natural features
will be lost with the development of the site, nor will
development of the site create any topographical hazards.
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6. Sanitation: The sanitation and related public health
aspects of Tu—ture development will be evaluated by the
State Department of Health and Environmental Sciences and
by the City of Kalispell. No unusual health problems should
be posed since the development will be connected to public
water and sewage disposal systems.
7. Medical Services: Major medical emergency facilities
are located nearby —at the Kalispell Regional Hospital.
Emergency ambulance response is available from the Kalispell
Fire Department.
B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT:
The subject property is a completely man -modified site. It
is within the City limits of Kalispell and is within a
commercial zoning district. This subdivision will have no
additional impacts on wildlife since no habitat is being
affected.
C. EFFECTS ON THE NATURAL ENVIRONMENT:
1. Water: This subdivision will not affect any nearby
bodies of —surface water.
2. To o ra h : This subdivision will not create any unstable
soil conditions with the development of the site.
3. Vegetation: For the most part, the site is completely
man -modified. Adjacent to the subdivision along Fifth Avenue
East North and along Washington Street is a sidewalk and
grassed area between the property and the public street. A
few trees are also evident along the southerly boundary of
Lot 1B. The Parks Department of Kalispell has noted that a
landscaping plan for the sidewalk boulevard and the property
itself may be appropriate.
D. EFFECTS ON TAXATION:
The subject property is currently tax exempt. It is expected
that the School District will retain ownership of Lot 1A.
If Lot 1B is sold to the private sector, the unimproved
value of the property will probably generate approximately
$2,145 per year in taxes. Additional taxes will be generated
with improvements to the property.
E. EFFECTS ON LOCAL SERVICES:
1. Schools: This subdivision will probably be a net
benefit to School District No. 5. A commercial subdivision
will not have any adverse impacts on school enrollment but
additional tax revenue will be generated to the benefit of
the school.
2. Parks and Recreation: Commercial development of the
property should have negligible impacts on the existing
public park system of Kalispell.
3. Fire Protection: This subdivision should not pose as
an additional burden to the Kalispell Fire Department. The
Fire Department is already responsible for fire protection
of the existing buildings on the site. It is expected that
if the old Edgerton School is removed and a new structure
installed, that any new development will comply with the
Uniform Fire Code and other safety requirements of the
Uniform Building Code. Therefore, it is possible that the
fire protection and firefighting capabilities -of the property
will actually improve with subdivision of the property.
4. Roads: This subdivision will not require the development
of any private internal road system. Direct access is
available off of Fifth Avenue East North, U. S. Highway 2,
or Washington Street. Approaches to the public roads will
be subject to City and/or State approval.
On street parking is a particular concern in the area. At
the present time, no off street parking is available on the
property. All the students and staff of the Laser School
park along the public roads. Sufficient area must be reserved
on each lot to comply with the parking requirements of the
Kalispell Zoning Ordinance. Approaches to the public roads
will be subject to City and/or State approval.
5. Water/Sewer: The Kalispell sewer collection system has
this Adequate
adequate capacity to accommodate subdivision.
water service should also be available to the property. No
comments were received from the Public Works Department
regarding the ability to serve the subdivision with water
or sewer.
F. EFFECTS ON AGRICULTURE:
The subject subdivision will not affect agriculture.
G. EXPRESSED PUBLIC OPINION:
This two -lot subdivision is not subject to the public notifi-
cation requirements of major subdivisions. As such, no
formal. public announcement of this subdivision has been
made. To date, no one has expressed any particular concerns
pertaining to this application.
H. NEED FOR SUBDIVISION:
The City of Kalispell and vicinity appears to have a surplus
of available commercial properties. However, commercial
use: are appropriate to a location such as this where highway
frontage is available and where commercial uses are deemed
appropriate by the Master Plan.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA:
SECTION I. That the application of School District No. 5
or. approval of the Amended Subdivision of Lot 1, Block D,
of Duncan's Addition, a proposal to create one (1) additional
lot on Lot I., Black D, Duncan's Addition, located in the
SWINW4 and NWISW4, Section 8, T28N, R21W, P.M.M., Flathead
County, Montana, is hereby approved subject to the following
conditions:
1. That the subdivision be approved by the State Department
of Health and Environmental Sciences in accordance to ARM
16.16.603.
2. That all utilities within the subdivision be located
wi.uhin 15 foot wide easements and be shown on the face of
the plat.
3. That both lots be accessed via approved driveway/r.oadway
approaches. The design and location of these approaches
must be approved by the Public Works and Building Departments
of the City of Kalispell.
4. That the landowners waive the right to protest the
creation of a Special. Improvements District for the purpose
of sidewalk i_mpr.ovemont. .
5. That sufficient space be reserved for parking in the
area of Lot lA. The parking area requirement shall be
determined based on present use and the resulting area
requirement shell be designated on the face of the final
plat.
6. That the lot lines be platted as necessary to comply
with the building/lot line separation distances required by
the Uniform Building Code. Existing walls may be modified
if required to comply with the Code.
7. That any change of use in the property be subject to
site plan review by the City of Kalispell. At such time,
the site must have approved plans for (1) drainage; (2)
access; (3) utility extension; (4) parking; (5) loading;
(6) fire protection; and (7) landscaping.
SECTION II. 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 three years following passage of this
Resolution.
SECTION IV. That Amended Subdivision Plat of Lot 1, Block
D, Duncan's Addition is a commercial subdivision and as
such is exempt from the provisions of §76-3-606, M.C.A.
SECTION V. 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 lfth DAY OF APRIL, 1990.
,d( W,(�
Roger W. p ins, Mayor
ATTEST:
my H. Ro ertson
City Clerk -Treasurer
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