07. Resolution 4205 - Gateway Orchard Villas - Preliminary PlatRESOLUTION NO. 4205
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE RESUBDIVISION OF
LOTS 5, 6, 7, 8, 10, 13 AND 15 OF GATEWAY ORCHARD VILLAS IN THE
SE1/4 OF THE NE1/4 OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, GESN, Inc. the owner of certain real property
described as Lots 5, 6, 7, 8, 10, 13 and 15 of Gateway Orchard
Villas in the Southeast Quarter of the Northeast Quarter of Section
12, T28N, R22W, P.M.M., Flathead County, Montana, has petitioned
for approval to resubdivide 31 townhouse lots on 7 parent lots into
24 townhouse lots on the 7 parent lots, and
WHEREAS, the proposed subdivision is subject to the provisions
of Section 2.2, Subdivision Regulations of the City of Kalispell,
and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission held a public hearing on March 14, 1995, on the proposal
and reviewed Subdivision Report #KPP-95-02 issued by the Flathead
Regional Development Office, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission has recommended approval of the amended Preliminary Plat
of the property described above, and
WHEREAS, the City Council of the City of Kalispell at its
regular Council Meeting of May 1, 1995, held a public hearing,
after. due and proper notice; reviewed the FRDO Report #KPP-95-02,
reviewed the recommendations of the Kalispell City -County Planning
Board and Zoning Commission, and 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 this type of development are no
more than were analyzed under the approved Conditional Use
Permit and parent Subdivision. This project is within the
jurisdiction of School District No. 5, and the Kalispell
police and fire departments. Emergency medical support is
located nearby at Kalispell Regional Hospital. The property
does not exhibit any natural hazards. The terrain is sloped
but not excessively and the property is not within a
designated floodplain. Access is via Glenwood Drive to the
individual cul-de-sacs servicing the lots. A reduction in the
number of lots would reduce any impacts.
1
B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT:
The subject lots and subdivisions are within the city limits
of Kalispell. The property is zoned for residential
development and is being developed accordingly. There is no
residual wildlife habitat of significant value.
C. EFFECTS ON THE NATURAL ENVIRONMENT:
The property is sloped but exhibits no unique natural
features. The lots have no unusual or significant plant
communities associated with it. These lots have already been
committed to residential development by previous subdivision
and conditional use permit approvals. There will be no
additional impact on the natural environment.
D. EFFECTS ON LOCAL SERVICES:
The effects on local services: schools, parks and recreation,
fire protection, police protection, roads, water, sewer,
public health services have been analyzed under the
Conditional Use Permit and parent subdivision. A reduction in
the number of lots would reduce any impacts.
E. EFFECTS ON AGRICULTURE:
The proposed subdivision is located within the confines of the
developed area of Kalispell and will have no direct or
indirect impacts on agricultural activities.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL, MONTANA:
SECTION I. That the application of GESN, Inc. for approval of
the Resubdivision Plat of the property described as Lots 5, 6,
7, 8, 10, 13 and 15 of Gateway Orchard Villas in the SE1/4 of
the NE1/4 of Section 12, T28N, R22W, P.M.M., Flathead County,
Montana, is hereby approved.
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 and Recorder, said premises shall be a subdivision of
the City of Kalispell.
R
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS DAY OF , 1995.
ATTEST:
Debbie Gifford, CMC
Clerk of Council
3
Douglas D. Rauthe, Mayor
City
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Manager
723 5th Avenue East - Room 414
April 6, 1995 Kalispell, Montana 59901
Phone: (406) 758-5780
RE: Parent Lots 5, 6, 7, 8, 10, 13 and 15 of Gateway Orchard Villas -
Preliminary Plat
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission met in regular
session on Tuesday, March 14, 1995 to consider the following:
A request by GESN, Inc. for preliminary plat approval to resubdivide
31 townhouse lots on 7 parent lots into 24 townhouse lots on the 7
parent lots. The sites are located in Gateway Orchard Villas
Subdivision on the west side of Glenwood Drive north of Two Mile
Drive and are zoned RA-1 (Low Density Residential Apartment). The
parent lots are described as Lots 5, 6, 7, 8, 10, 13 and 15 of Gateway
Orchard Villas in the SE4 of the NE4 of Section 12, Township 28
North, Range 22 West, P.M.M., Flathead County.
John Parsons of the FRDO presented the staff report recommending approval for
the amended preliminary plat.
The representative for the applicant spoke in favor of the project. No one spoke
in opposition.
The Board did adopt FRDO Staff Report KPP-95-02 as findings of fact, and by a
7-0 vote recommended that the request for the amended Preliminary Plat be
approved.
This recommendation is forwarded to the City Council for final action. Council
needs to wait for the minutes of the planning board meeting prior to action,
however may discuss at Council workshop. Please contact the Commission or FRDO
if you have any questions.
Respectfully submitted,
KAL�*PL CITXCOU TY PLANNING BOARD AND ZONING COMMISSION
Therese Fox Hash
President
TFH/JJP/eo
Attachments: FRDO Report KPP-94-02 & Attachments
Site Plan
c: GESN, a Montana General Partnership
Michael W. Fraser
F:\...\TRANSMIT\KPP94-2.REC
Providing Community Planning Assistance To:
e Flathead County • City of Columbia Falls a City of Kalispell 9 City of Whitefish
GATEWAY ORCHARD VILLAS
AMENDMENT TO PARENT LOTS 5, 6, 7, 8, 10, 13, AND 15
SUBDIVISION REPORT #KPP-95-02
FLATHEAD REGIONAL DEVELOPMENT OFFICE
MARCH 6, 1995
This is a request to amend a preliminary plat approval from 31 townhouse lots on 7 existing
parent lots in Gateway Orchard Villas to a total of 24 townhouse lots on 7 parent lots. The
lots proposed for amendment are more particularly described as:
Parent Lots 5, 8 & 13 have 5 townhouse lots approved each, 4 proposed each;
Parent Lots 6 & 10 have 4 townhouse lots approved each, 3 proposed each;
Parent Lot 15 has 4 townhouse lots approved, 2 proposed;
Parent Lot 7 has 4 townhouse lots approved, 4 are proposed.
This preliminary plat report is submitted to the Kalispell City -County Planning Board for
their recommendation to the City Council for review and final action.
Owner of Record:
Technical Assistance:
Background:
APPLICANT
GESN, a Montana General Partnership
Frank Strickland
P.O. BOX 420
Lakeside, MT 59922
Michael W. Fraser
Thomas, Dean & Hoskins
690 N. Meridian, Suite 101
Kalispell, MT 59901
(406) 752-5246
TECHNICAL BACKGROUND INFORMATION
Gateway Orchard Villas has an approved Conditional Use Permit and an approved Final Plat
on it. The Conditional Use Permit was approved in March, 1993, under file number KCU-93-1
for apartments, townhouses, or condominiums. The parent Final Plat was approved in
August, 1993, under file number KFP-93-4, for 19 lots. On September 20, 1993, the City
Council approved a Preliminary and Final Plat for townhouse development on Lots 1, 2,11,
and 14 for a total of 18 townhouse lots. On October 19, 1993, preliminary plat for the
balance of the townhouse lots were approved by the Planning Board and on November 15,
1993 Council approved them. Council also approved the Final Plat for the townhouse lots
on November 15, 1993. In 1994 GESN proposed a reduction in the number of townhouse
units on parent Lots 16, 17, 18, and 19 from 20 to 13 units; that proposal was approved by
City Council. if this application is approved it would reduce the total number of townhouse
lots from 88 to 74 on the 19 parent lots.
Location.
The proposed subdivision is located on the west side of Glenwood Drive north of Two Mile
Drive. The sites are more specifically described as the Resubdivision of Lots 5, 6, 7, 8,10,13,
and 15 of Gateway Orchard Villas Subdivision, located In the NE 1/4 of Section 12, Township
28 North, Range 22 West, P.M.M., Flathead County, Montana.
Existing Land Use/Zoning;
The Gateway Orchard villas is currently under construction with townhouses.
Pr000sed Land Use:
The applicant proposes to reduce the number of townhouse units on these 7 parent lots
from 31 to 24 units. Parent Lot 7 townhome lots are not proposed to be reduced, only
realigned.
Adjoining Land Use (to Gateway Orchard Villas):
North: townhouse development,
West: single-family,
South: townhouse development,
East: scattered undeveloped land, mini -storage, office space all fronting on north
Meridian
covenants:
The covenants were approved in August, 1993, and filed with the parent 19-lot Gateway
Orchard Villas Subdivision. No amendments are proposed to the covenants.
Utilities:
The proposed subdivisions have a full range of public utilities and services available,
including municipal water and sewer, storm water drainage, garbage collection, and police
and fire protection, as well as telephone, gas, cable TV, and electricity.
REVIEW AND COMMENTS
This preliminary plat is reviewed as a major subdivision in accordance with Ordinance No.
987, the Kalispell Subdivision Regulations.
EFFECTS ON PUBLIC HEALTH AND SAFETY:
The effects and/or Impacts of this type of development are no more than were analyzed
under the approved Conditional Use Permit and parent Subdivision. This project is within
the jurisdiction of School District No. 5, and the Kalispell police and fire departments.
Emergency medical support is located nearby at Kalispell Regional Hospital. The property
does not exhibit any natural hazards. The terrain is sloped but not excessively and the
property is not within a designated fioodplain. Access is via Glenwood Drive to the
individual cul-de-sacs servicing the lots. A reduction in the number of lots would reduce
any impacts.
2
EFFECTS ON WILDLIFE AND WILDLIFE HABITAT:
The subject lots and subdivisions are within the city limits of Kalispell. The property is
zoned for residential development and is being developed accordingly. There is no residual
wildlife habitat of significant value.
EFFECTS ON THE NATURAL ENVIRONMENT:
The property is sloped but exhibits no unique natural features. The lots have no unusual
or significant plant communities associated with it. These lots have already been
committed to residential development by previous subdivision and conditional use permit
approvals. There will be no additional impact on the natural environment.
EFFECTS ON LOCAL SERVICES:
The effects on local services: schools, parks and recreation, fire protection, police
protection, roads, water, sewer, public health services have been analyzed under the
Conditional Use Permit and parent subdivision. A reduction in the number of lots would
reduce any impacts.
EFFECTS ON AGRICULTURE:
The proposed subdivision is located within the confines of the developed area of Kalispell
and will have no direct or indirect impacts on agricultural activities.
DISCUSSION
The property is served or can be served by all necessary public facilities and utilities. It is
appropriately zoned and each proposed lot has adequate building area. The proposed
development of the properties as townhomes in this configuration will be no different or
of less impact than development as has already been approved. The site is generally
surrounded by compatible land uses.
RECOMMENDATION
it is recommended that the City -County Planning Board adopt this report as findings of fact
and forward same to City Council with a recommendation of approval for the amended
Preliminary Plat of Lots 5, 6, 7, 8, 10, 13, and 15 of Gateway Orchard Villas for townhouse
development.
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Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5780
Fax: (406) 758-5781
April 18, 1995
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
RE: FINAL PLAT RESUBDIVISION OF GATEWAY ORCHARD VILLAS
PARENT LOTS 5, 6, 7, 8, 10, 13, and 15.
Dear Bruce:
The above -referenced application has been reviewed for final plat approval. The approved
31-lot townhouse residential development on these 7 parent lots lays on the east side of
Glenwood Drive north of Two Mile Drive. The preliminary plat is scheduled for approval
by City Council on May 1, 1995 which will reduce the approved 31 lots to 24 lots, with no
conditions of approval. This letter evaluates compliance of the final plat to the approved
preliminary plat.
COMPLIANCE WITH CONDITIONS OF APPROVAL:
Council approval of the preliminary plat is scheduled for May 1, 1995 with no conditions of
approval.
COMPLIANCE WITH THE APPROVED PRELIMINARY PLAT:
There are no substantial or significant changes from the approved preliminary plat.
COMPLIANCE WITH SUBDIVISION REGULATIONS:
The final plat is found to be in compliance with the Kalispell City Subdivision Regulations
and Montana Subdivision and Platting Act.
RECOMMENDATION:
It is recommended that the final plat of Gateway Orchard Villas Lots 5, 6, 7, 8, 10, 13, and
15 be approved as submitted. The City has 30 days from date of receipt of this report to
complete final review. If you have any questions, do not hesitate to contact this office.
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: Final Plat Resubdivision of Gateway Orchard Villas
April 19, 1995
Page 2
Sincerel
r
John Parsons
Senior Planner
JJP/dh
Attachments: Two blue print, two mylar, and one opaque plat
Title Report (J-156585)
Tax Certification
Letter from MDHES (February 16, 1995)
Final Plat Application
Consent to Plat from Glacier Bank
F: \... \KFP95-01. GTW