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Staff Report/Preliminary PlatFlathead Regional Development Office August 3, 1992 Bruce Williams, City Manager City of Kalispell P. O. Drawer 1997 Kalispell, MT 59903 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 752-5300 Ext. 279 R& Preliminary Plat Recommendation for IA= Bill Subdivision The above -referenced plat is a four lot residential subdivision located on Fifth Avenue West in Kalispell. All lots are served by City sewer and water and have direct access onto Fifth Avenue West. Attached is a report and recommendation on the subdivision. This minor plat is not subject to review by the Kalispell City -County Planning Board This recommendation is forwarded directly to the City Council. No public hearing is required Minor plats do have a 35 day review period starting with acceptance m this office. The acceptance date was July 16,1992. Consequently, the Council must act on this preliminary plat prior to August 20,1992. I would recommend the August 10 Council study session followed by final action at the August 17 Council meeting. Call if you have any questions. Sincerely, Thomas R. Jentz Senior Planner TRJ/dh Attachments: Preliminary Plats - 3 copies FRDO Subdivision Report #KSR-92-11 Application Preliminary Title Reno t Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Bruce Williams, City Manager City of Kalispell Re: lialiminary Plat Ri�uxrrnendafi mr�--- �T-Irlll SUbC-fiVjM-T, cIw FRDO Report #KSR-92-11 Philip and Barbara KaspersoM.- 1405 Fifth Avenue West I Marquardt and McAlister Surveyingg 1031 South Main Street Kalispell, MT 59901 FLATHEAD REGIONAL DEVELOPMENT OFFICE SUBDIVISION REPORT #KSR-92-11 LILAC HILL JULY 31, 1992 A report to the Kalispell City Council concerning a request by Philip and Barbara Kasperson for a four 1of minor subdivis-ion on property located at 1405 Fifth Ave. West in Kalispell. I. GENERAL CONSIDERATIONS 1. Subdivider: Philip and Barbara Kasperson 1405 Fifth Ave. West Kalispell, Mt 59901 2. Technical Assistance: Marquardt and McAllister 1031 S. Main St. Kalispell, Mt 59901 3. Location: The subject property contains .56 acres of land and lies on the east side of Fifth Ave. West. in the 1400 Block. All proposed ic}ts abut immediately along Fifth Ave. West. B . GENERAL DESCRIPTION: 1. Existing Land Use: The four prcpc ;eu _ _.. r n^ _te -�rac. of or Qinaiwv v z n,v } n Larger residential tract. 2. Proposed Land Use: The applicant is proposing to create four single family/duplex residential lots. 1 3. Adjoining Land Use: Scattered single family homes lie in all directions around the site. immediately to the east lies a large vacant residential tract which, after this subdivision will have no direct access to a public street. To the west across Fifth lies a church and day care facility (New Life Center), Bud Block's repair and a series of single family homes. 4. Relation to Master Plan: The Kalispell City -County Master Plan Map designates the area as Urban residential (2-8 residential units per acre). The proposed subdivision does comply with this. in addition, the plan encourages infill development where existing road and utilities are present. 5. Covenants: None were submitted. 6. Utilities: a. Sewer: An 8 inch City sewer main ties in Fifth Ave. in front of the proposed lots. b. Water: An 8 inch City water main lies in Fifth Ave. in front of the proposed lots. C. Police: Kalispell City Police d. Fire: Kalispell Fire Dept. e. Solid Waste: City of Kalispell f. Telephone: P.T.I. g. Electricity: P.P. I , . REV i E':4 AND COMMENTS A. EFFECTS ON PUBLIC HEALTH AND SAFETY: The site lies adjacent to a 100 year flood plain but is not affected by it. The soils in the area are alluvial and poorly drained. Seasonal high water table is common. As this project will utilize City sewer and water, this is of less concern. Traffic generation from the site would on average be. 24 vehicles per day at full development. This would only minimally impact the 2 neighborhood. B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: The site lies on the urban fringe of Kalispell. It is not in a designated winter range and is not considered prime or necessary habitat for any species. There will be minimal impacts if any. C. EFFECTS ON THE NATURAL ENVIRONMENT: Topography does not pose a serious constraint on the property. Due to the presence of city sewer and water, groundwater pollution is not a major concern. There are no known important, rare or endangered vegetation on the site. D. EFFECTS ON TAXATION: The undeveloped land presently has a market value of $32,000. Upon full development assuming a $50,000 house on each lot, the property would generate $1,050 per lot or $4,200 per development. Typical residential lots do not cover the full tax burden that they require. E. EFFECTS ON LOCAL SERVICES: Schools: Typically the project would generate 2 school age children. This impact is minimal although the present grade school system is presently over burdened. 2. Parks and Recreation: State law provides that 1/9 of the undeveloped value of the land be designated for park land. in this case, park land is unsuitable, consequently, the applicants will be required to spay _. casn in i i eu of park land payment cf ? ,%_ or the u n c e v e , opc va i ue of the i and . The pp. , sa ( n ,.ne S . to mar :et Value at the payment wou i e be Y3t-�5• 3. Fire Protection: The Site is presently within the Kalispell City Fire Dept. Jurisdiction. Response times will be within acceptable standards. 4. Poi ice Protection: The site is within the Kalispell Police Dept. Jurisdiction. Response time will be within acceptable standards and the area can be serviced. 3 B. Roads: Fifth Ave. was recently rebuilt as part of the Kalispell South west redevelopment project. The road is adequate. 6. Water/Sewer: Both the sewer and water systems were updated in this area as part of the Kalispell South west redevelopment project. Sewer and water are adequate. i. Solid Waste: Kalispell garbage pickup is available and can handle the increase demand in service. 8. Public Health Services: Adequate medical facilities exist within the city of Kalispell to address any reasonable need. F. EFFECTS ON AGRICULTURE: The site contains class 6 soils and are not considered prime. The site is located within the urban, fringe of Kalispell and is not considered suitable or desirable agricultural land. G. EXPRESSED PUBLIC OPINION: No public comments have been received. Please note that this is a minor subdivision and public comment has not actively been sought. H. NEED FOR THE SUBDIVISION: The applicant has not sucstantiated any need. one of the lots does have a buyer cesiring to begin construction before the start of the schooi year. I' i i . SUMMARY REMARKS The proposed., , piaL is an Dcv anticipated. This type 7 D„ er: _ is the result of major piub I i o ,mprovemen zs uncertav en during the Southwest ra iispeil re-aeveiopment program. The applicant should be made aware, however, that there is a land locked tract of land immediately adjacent on the east side of the proposed lots. This land locked tract was created by the applicants by very recent land split activity (occasional sale and family transfer) that occurred. This land locked tract is outside the City limits. The preliminary plat gives reference that a road easement of some sort does exist through tract 8T1 to the north. This back lot is, for building permit purposes 4 within the City of Kalispell, considered land locked and at this time undevelopable. To be potentially developable a public street or thoroughfare must serve the tract. While the proposed four lot subdivision does not directly affect this access problem as it is a separate tract of record, it is owned by the same individual and as it is platted, the number of options available to the rear tract for access are diminished. IV RECOMMENDATION: IT IS RECOMMENDED THAT THE PRELIMINARY PLAT OF LILAC HILLS BE APPROVED AS SUBMITTED WITH THE FOLLOWING REQUIREMENTS AND CONDITIONS ATTACHED: REQUIREMENTS: 1. The plat shall be approved by the Dept of Health and Environmental Sciences. 2. The preliminary plat is valid for a period of one year. Within that period of time, or as extended by the City, the applicant shall submit a final plat with attachments as required by the Kalispell Subdivision Regulations, to the City for final review and recording. 3. The One -hundred year flood plain shall be designated on the final plat (if applicable). STAFF RECOMMENDATIONS: 1. The applicant be made aware that Tract 8TA does not at this time have iegal access onto a public str ee.. unt1 reef,; lad, this tract would not be eligible for a City building permit. (Note: The tract ;s presently outside the City Limits). 2. The applicant pay cash in -lieu of parkland dedication. Tnis cavment would be 1/9 of the undeve`oced va._, _ snd ih lots. The County acpr_isal or alue at $32 0001. i h e i ! c avme'r, MAJOR ::11BDIVISION PRELIMINARY PLAT APPI..ICATION FORM This Application sh,i.11 be submitted, along with all information required by the apAM&LVEU Subdivision Regulations and the Montana Subdivision & Platting Act, and the appropriate fee to: J UN 11 199Z F LATH F.AD REGIONAL DEVELOPMENT orr•1cE, 723 Fifth Avenue East, Room 41.2 Kalispell, Montana ',9901 - (406) 755-5300, Extension 279 SUBDIVISION NAME:— DmIRLOPMIENT OWNER (S) "F RECORD: /ram L /may c/�D Name �_"" "f/..l:t/YQ. �.���-��-r Phone Mailing City, State Address MtI6 j 14(,L-W. & Zip Code qMI_ %Z i'%T h,9_201 PERSON (S) AUTHORIZED TO REPRESENT THE �iSUUgBD/IIVr�I'SIO,N AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name Phone 7S`,� • 4,;?,q Mailing V City,. state Address /03/ /yfayyJ & Zip Code ACLr��l7P�IJ��(. J�Siyr�/ TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc.): f" Name & Address �()jj"�,p�f'�,P//� Name & Address ���j� _---- --,--------^ .. Name & Address LEGAL DESCRIPTION OF PROPERTY: City/ ,O Assessor's county s,�`_t�/ Tract NoStreet Lot 8,JIT —._T Address NOW f)'c � Section Zg Towns/hipp. (,23 L,Cl Rang^e/ 2,/ W GENERAL DESCRIPTION OF PROPOSED SUBDIVISION:(/7q/� J ���lIYIQ.Oi� Number of Lots or Rental Spaces 4 Total Acreage in Subdivision O•S� Total Acreage in Lots (9.,Sfv Minimum Size of Lots or Spaces Q./g Total Acreage in Streets or Roads Maximum Size of Lots or Spaces �,)¢ Total Acreage in Parks, Open Space an or Common Areas 11/31r)�P_ PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family JC Townhouse Duplex Mobile home Park Multi -family: Recreational. Vehicle Park Apartment Commercial Planned Unit Development Industrial Condominium Other APPLICABLE ZONING DISTRICT �; �r7 Q.\( _ Q. ESTIMATE OF MARKET VALUE. BEFORE IMPROVEMENT'S IMPROVEMENTS TO BE PROVIDED: Roads: Gravel ._2�'_ Paved Curb Gutter Sidewalks Alleys Other Water System: Individual Multiple User Neighborhood e—,— Public Other Sewer System: Individual Multiple User Neighborhood Public Other Other Utilities: _ X Cable TV _ Telephone _ Electric Gas Other Solid Waste:_ )tome Pick-up Central Storage _ — Contract hauler Owner Haul Mail Delivery: Central X Individual p Fire Protection: —25-- Hydrants / Ta/nke,.r,( Recharge Fire District: Drainage System: nC(, u r6_1 (/y1�}2�ffCe((Qyj PROPOSED EROSION/SEDIMENTATION CONTROL: L"d S co pl;n !� ARE ANY VARIANCES REQUESTED? n a IF SO, PLEASE COMPLETE THE OTBER SIDE OF THIS FORM. ye9-7- —6) LIST /OF MATERIALS SUBMITTED j0ITH TIIIS APPLICATION, e. b. /80.010 E. C. d. 9- h. I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in con- nection with this application be incorrect or untrue, I understand that any approval based theraun may be rescinded, and other appropria action taken. Sig ned�2I A Date app (cant �' C G -1615 2 PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE 27 0219 89 205328 To the County of Flathead and the City of Kalispell in Montana CHICAGO TITLE INSURANCE COMPANY OF IDAHO, a corporation organized and existing under the laws of the State of Idaho, with its principal office in the City of Boise, Idaho, and duly authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 2 5 t h day of June , 19 9 2 , at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Philip N. Kasperson and Barbara D. Kasperson as Joint Tenants subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of $5 , 0 0 0 . 0 0 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. Issued by: COUNTY GUARANTY TITLE COMPANY 211 Main - (Box 73) Kalispell, Montana 59901 Phone: (406) 752-6911 H r „. rW. T OF l 4, ,T ���RnHCF C;'' �pAPORAtf.yZ`("' BY- o o 2,; o ice.& o` J'yJ•. : Qad �r PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE ( ONTANA) Reorder Form No. 9113 SCHEDULE A Page 2 Certificate No.: 27-0219-89-205328 Our File No.: CG-16152 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: Parcel 1• That portion of the Southwest Quarter of the Southeast Quarter of Section 18, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Commencing at the Northeast corner of that parcel shown on Certificate of Survey No. 2312 (this point bears South 00011100t1 West 480.70 feet from the intersection of the East line of Fourth Avenue West with the North line of the Southwest Quarter of the Southeast Quarter); thence South 000111001/ West 122.70 feet; thence South 88011100/1 West 273.33 feet; thence South 88011/001/ West 100.00 feet to the East line of Fifth Avenue West; thence South 00002141t0 West 61.00 feet to the thence continuing along the East lin South 0002/411/ West 61.00 feet; thence North 88011/0011 East 100 feet; thence North 00021411/ East 61.00 feet; thence South 8801110011 West 100.00 feet to the Parcel 2• True Point of Beginning;. e of Fifth Avenue West Point of Beginning. That portion of the Southwest Quarter of the Southeast Quarter of Section 18, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Commencing at the Northeast corner of that parcel shown on Certificate of Survey No. 2312 (this point bears South 0001110011 West 480.70 feet from the Intersection of the East line of Fourth Avenue West with the North line of the Southwest Quarter of the Southeast Quarter); thence South 0001110011 West 122.70 feet; thence South 8801110011 West 273.33 feet; thence South 8801110011 West 100.00 feet to the East line of Fifth Avenue West; thence South 00002/4111 West 122.00 feet to the thence continuing along the East line South 00002141/1 West 186.30 feet; thence North 880111001/ East 100.00 feet; thence North 000021411/ East 186.30 feet; thence South 88011100t1 West 100.00 feet to the True Point of Beginning; True Point of Beginning. SCHEDULE B Page 3 Certificate No.: 27-0219-89-205328 Our File No.: CG-16152 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. General taxes for the year 1992. 2. Taxes, charges, and assessments not yet certified to the County Treasurer for collection. 3. Mineral rights, claims or title to minerals. 4. Reservations in United States Patents or the acts authorizing the issuance thereof. 5. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate.