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Resolution 4093/Preliminary PlatA RESOLUTION CONDITIONALLY APPROVING THE AMENDED PRELIMINARY PLAT OF THE SUBDIVISION OF TRACT NUMBER 5 IN THE SE 1/4 NE 1/4 OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Frank Strickland, the owner of certain real property described as Tract Number 5 in the SE 1/4 NE 1/4 of Section 12, T28N, R22W, P.M.M., Flathead County, Montana, has petitioned for the approval of the Subdivision Plat of said property, and WHEREAS, the proposed Subdivision Plat of said property 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: The effects and/or impacts of 19 multi -family lots at this location is expected to be minimal relative to public health and safety. This subdivision will be within the jurisdiction of the Kalispell Police and Fire departments. Emergency medical support is located nearby at Kalispell. Regional Hospital. The proposed lots are on property well -suited to accommodate residential development. Access to the site is available via Glenwood Drive to the north and either Two Mile Drive or Yellowstone to Hawthorn on the south. B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: The subject property lies in an area which is completely encircled by residential urban scale development. There is no residential wildlife habitat of significant value remaining on the site. The proposed subdivision should have minimal impacts on the natural environment. The site exhibits no unusual topographic features, nor are there critical plant communities present. None of the site lies within the 100-year floodplain. Storm water drainage is a major concern however the applicant will improve the situation by installing an underground storm sewer pipe which will eliminate an open county drainage ditch which traverses the east side of the property. D. EFFECTS ON TAXATION: According to figures obtained from the County Appraiser's office, the unimproved value of the subject property is $37,824. Taxes paid on this site are currently approximately $675 per year. It is estimated that following subdivision, the individual lots will have an average value of approximately $15,000 and generate $266 per lot in taxes. Assuming each lot is developed with a four-plex valued at $320,000, the project will contribute $113,000 per year in property taxes at full build out. E. EFFECTS ON LOCAL SERVICES: In evaluating effects a wide disparity in density is considered based on both a minimum density of 19 single family units vs. a maximum of 88 multi -family units if 4- 6 Alex units are built as allowed by the zone. Realistically, a number somewhere in between will occur. 1. Schools: Based on the county -wide average of 0.4 children of school age per household, development of 19-88 multi family housing units is likely to contribute 8-35 school age children to the Kalispell School System. A letter has been received from the Kalispell School District stating that this project will continue to impact the over capacity class room situation. In addition, because the development is less than three miles from schools, bussing will not be provided. Pedestrian access to schools is important. 2. Fire Protection: The subdivision will be served Department. The Department has relative to subdivision design adequately serve the development. by the Kalispell Fire no expressed concerns or its ability to 3. Police Protection: The Kalispell Police Department can adequately serve the additional 19 lots. No additional manpower or equipment will be necessary. 4. Roads• The subject property has two accesses that should serve to separate traffic north -south. The Glenwood north access is readily accessible and the Two Mile or alternative Yellowstone -Hawthorn Drive access are suitable as well. The estimated 190 to 880 average daily trips which this subdivision will generate is certain to impact traffic on Two Mile Drive, a substandard arterial. The Glenwood Drive north access point which directs traffic up to Liberty and over to Meridian will relieve some of this pressure however, it will also begin to strain this intersection. Note that the plat of Alternate B shows Yellowstone Street as a 40 foot right-of-way. This design is adequate for Peach, Pear and Plum Court as they are short street extensions with no opportunity for expansion. However, Yellowstone, if developed, will serve as a much higher capacity local street and the 60 foot minimum right-of-way as per City Standard is warranted. 5. Water/Sewer: City of Kalispell water and sewer service is available with the cost of extension to be the sole responsibility of the developer. 6. Public Health Services: Existing medical facilities in Kalispell will be able to accommodate the medical needs and emergencies of the residents of this subdivision. 7. Parks• The applicant is proposing a .313 acre homeowners park. It has no utilitarian purpose. It is accessible only by lot 19. The tract is an odd left over piece of land whose greatest function is as a road easement to the private lot described as COS #10245 which is outside of this development. The applicants acknowledge this and state that cash in lieu of parkland (1/9 of the undeveloped market value of the land proposed for lots) will be used to address the parkland dedication requirements of this site. The applicants submitted a 3 value of $37,824 for the 8.3 acre tract. The County Appraisal Office lists this value as well. However, the appraisal office states the true market value is closer to $120,000 to $150,000. The property is presently advertised for sale at $159,500. Staff did ask the applicant's representative to submit a realistic price for the property. The applicant has an unrecorded contract on this property at this time. Submission of the sale price would be suitable determination of the market value. If $37,824 is used, cash donation would be $3,270. If $159,500 is used the cash donation would be $13,800. F. EFFECTS ON AGRICULTURE: The proposed subdivision will have no direct or indirect impacts on agricultural activities. Property owners within 150 feet of the property have been notified of the application for preliminary plat. To date, no one has expressed a comment on the proposed subdivision. H. NEED FOR SUBDIVISION: The applicant has indicated that a substantial need exists for affordable townhouse development lots for entry level families. In addition, a substantial need exists for rental housing as well. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION I. That the application of Frank Strickland for approval of the subdivision of the property described as Tract Number 5 in the SE 1/4 NE 1/4 of Section 12, T28N, R22W, P.M.M., Flathead County, Montana, is hereby approved subject to the following conditions: 1. That the subdivision gain approval to file plat from the State Department of Health and Environmental Sciences. 2. All water lines, sewer mains and storm sewer lines shall be built according to plans and specifications approved by the City of Kalispell Public Works Department. All water and sewer main extensions onto private property shall be placed within suitable easements. 9 3. That the final plat be substantially in accord with the "Preliminary Plat of Gateway Orchard Villas" utilizing Alternative A Design dated January, 1993. 4. The construction of all streets, curb, gutter, sidewalks and street tree planting shall be done in compliance with City of Kalispell standards and approved by the City's Public Works Department. 5. The applicant shall install street lighting in accordance with City standards with approval of the Public Works Director. 6. All utilities shall be installed underground. 7. That the owner shall pay to the City a cash -in -lieu of parkland payment equal to 1/9 of the undeveloped market value of that portion of the site proposed to be developed into lots (6.5 Acres)., The market value shall be substantiated by submission of the sales contract showing the sales price paid negotiated by the applicant. 8. A storm water drainage plan prepared by a licensed engineer shall be submitted to and approved by the City's Public Works Department. 9. Placement of fire hydrants shall be approved by the City of Kalispell Fire Department. 10. Placement of solid waste trash receptacles shall be done in accordance to a plan approved by the Public Works Director. 11. The subdivision may include either apartment, townhouse or condominium development and it can be built in phases; however, each phase shall be designed to function entirely on its own should future phases not be developed. 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 one year 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. 5 PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS DAY OF 1993. ATTEST: Amy H. Robertson Finance Director 6 Douglas D. Rauthe, Mayor