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Resolution 3957 - Preliminary Plat - Shepard's Tracts35 RESOLUTION NO. 3957 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF SHEPARD'S TRACTS, AMENDED PLAT OF A PORTION OF LOT 1, BLOCK 11, HIGH SCHOOL ADDITION TO KALISPELL, LOCATED IN NE 1/4 SW 1/4 OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Evelyn Shepard, the owner of Lot 1, Block 11, High School Addition to Kalispell, has petitioned for approval of the Amended Plat of a portion of Lot 1, Block 11, High School Addition to Kalispell, and WHEREAS, the proposed Amended Plat of a portion of Lot 1, Block 11, High School Addition to Kalispell 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 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. Available Services: Upon annexation into the city limits, the subdivision will be within the jurisdiction of the Kalispell Police Department and Fire Department. Ambulance service is also available from the Kalispell Fire Department. Major medical facilities are located nearby at the Kalispell Regional Hospital. Available sanitary services include City of Kalispell water and sewage collection. 2. Natural Hazards: The property is relatively flat and exhibits no obvious threats to public health and safety. The property is not subject to flooding nor from threats of wildfire. 3. Artificial Hazards: Access to both lots will be from publicly owned and maintained streets. Access onto both these streets will be regulated via enroachment permits. This two lot subdivision should not pose any extraordinary threats to public safety from the six additional daily vehicle trips that might be generated from an additional dwelling. B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: The subject property, is bordered by platted subdivisions on all sides. No particular wildlife habitat of Lany particular significance is located on 36 D. EFFECTS ON TAXATION: The subject property is currently being taxed as a single tract of land with a residential dwelling. The current taxes (excluding improvements) are approximately $276 per year. With annexation and subdivision, the property will be taxed as two separate lots. The taxable value of the lots will be $10,240 and $10,600 for Lots 1 and 2, respectively. These values reflect a total taxable responsibility of $378 . per year. E. EFFECTS ON LOCAL SERVICES: 1. Schools: This subdivision is likely to contribute one or fewer children to the Kalispell school system. The possibility of one additional student will not have an adverse impact on school enrollment. 2. Parks and Recreation: This two -lot residential subdivision is exempt from the parkland dedication requirements of the Montana Subdivision and Platting Act. It is not expected that this subdivision will create an additional burden on the park system. 3. Fire Protection: This subdivision is within the jurisdiction of the Kalispell Fire Department. Said department has indicated that. it is capable of serving the needs of the subdivision with existing personnel and equipment. 4. Police Protection: Routine and emergency police protection is available from the Kalispell Police Department. This subdivision is not expected to create an undue demand on that department. The Kalispell Police Department did not comment on this subdivision. 5. Roads: Both lots have frontage on public roads. Internal access roads will not be necessary. An encroachment permit onto Lot 2 for driveway access will be necessary. The one additional residential dwelling that might be associated with this subdivision will not have an adverse impact on traffic. Sufficient right- of-way is available on both Eighth Street West and Eighth Avenue West to provide future improvements to the roadway, such as sidewalks, curb and gutter, and street landscaping. 6. Water/Sewer: The existing water supply system and sewage collection system of Kalispell can adequately accommodate the needs of this subdivision. As noted earlier, public water is available along both Eighth Street West and Eighth Avenue West and sewer is available along Eighth Street West. F. EFFECTS ON AGRICULTURE: This urban subdivision will have no direct or indirect impacts on agricultural or silvicultural activities. 37 The subject property is being split for the purpose of creating two residential lots. Both lots comply with the applicable zoning requirements and substantially have similar size and shape to the adjoining lots. Lot divisions of this type are encouraged since it is a means of infilling urban centers where a full range of public services are available. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION I. That the application of Evelyn Shepard for the approval of the Amended Plat of a portion of Lot 1, Block 11, High School Addition to Kalispell, a proposal to create one (1) additional lot on Lot 1, Block 11, High School Addition to Kalispell, located in the NE 1/4 SW 1/4 of Section 18, T28N, R21W, P.M.M., Flathead County, Montana, is hereby approved subject to the following conditions: 1. That a Master Plan exemption be approved in accordance to ARM 16.16.603. 2. That a 10 foot utility and ingress/egress easement together with a 5 foot additional maintenance and construction easement be recorded along the westerly boundary of the property. 3. That the subdivider provide for site drainage to flow to the front of the lot into the city storm drainage collection system or provide for a storm drainage easement across Lot 2 to Eighth Avenue West. This must be performed by a licensed Professional Engineer. 4. That each lot be required to connect to city water and pay the appropriate fees prior to final plat. 5. That each lot agree to connect to the City of Kalispell sewer system and pay the appropriate fees. The existing residential dwelling on Lot 1 shall connect to the municipal sewer system prior to final plat or guarantee connection through a Subdivision Improvements Agreement. 6. That any construction within the city street right- of-ways be. in accordance to all city permits and standards. 7. That all extension of utilities be in accordance to the Standards and General Provisions for Design and Construction, City of Kalispell, April 1987. SECTION IT. 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. mud 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 17th DAY OF September , 1990. ATTEST: Amy H. obertson City Clerk -Treasurer' f2�1'C Roger WU Ho kin , Mayor \Ij