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09. Resolution 4206 - Zimbelman Minor Preliminary PlatRESOLUTION NO. 4206 A RESOLUTION APPROVING THE SUBDIVISION OF THE AMENDED PLAT OF THE EAST 1/2 OF LOT 3, BLOCK 38, KALISPELL ORIGINAL IN PART OF THE SW4, OF THE SW4, OF SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. , FLATHEAD COUNTY, MONTANA. WHEREAS, Gilbert and Othilda Zimbelman, the owners of certain real property described as the Amended Plat of the East 1/2 of Lot 3, Block 38, Kalispell Original in part of the SW4, of the SW4, of Section 8, T28N, R21W, P.M.M., Flathead County, Montana, has petitioned for 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 the criteria set forth in Section 76-3-608, MCA, 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 meets the requirements of Title 76, Chapter 3, Montana Code Annotated, and WHEREAS, the City Council has based its findings upon the following findings of fact: A. EFFECTS ON PUBLIC HEALTH AND SAFETY: The effects and/or impacts of two (2) commercial lots is expected to be minimal relative to public health and safety. This subdivision is within the jurisdiction of 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 flat and the property is not within a designated floodplain. Access is available via 3rd Avenue East. B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: The subject lots are within the city limits of Kalispell and surrounded by development. The property is zoned for commercial development. There is no residual wildlife habitat. 1 C. EFFECTS ON THE NATURAL ENVIRONMENT: The property exhibits no unique natural features. The lots are flat and have no unusual or significant plant communities associated with it. This lot has already been committed to development by previous subdivision approval. There will be no additional impact on the natural environment. D. EFFECTS ON LOCAL SERVICES: Schools: Because of the existing development and future commercial redevelopment, no impact is expected. Parks and Recreation: Impacts will be minimal. This project is exempt from parkland dedication or in -lieu fee. Fire Protection: The subdivision will be served by the Kalispell Fire Department. The Building Codes adopted by the City would require modification to the structures with the addition of this new property line. Police Protection: The Kalispell Police Department can adequately serve the additional development. Roads: The site is served by 3rd Avenue East, a City street. The street is fully developed. Water, Sewer, and Other Utilities: The subdivision is served by existing utilities that have adequate capacity and with appropriate easements this subdivision should have no impact. Public Health Services: Existing medical facilities in Kalispell will be able to accommodate the medical needs and emergencies of the residents of this subdivision. E. EFFECTS ON AGRICULTURE: The proposed subdivision is located within the confines of the developed area of Kalispell and will have no impacts on agricultural activities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the application of Gilbert and Othilda Zimbelman for approval of the Preliminary Plat of the Amended Plat of the East 1/2 of Lot 3, Block 38, Kalispell Original in part of the SW4, of the SW4, of Section 8, T28N, R21W, P.M.M., Flathead County, Montana is hereby approved subject to the following conditions: Fa 1. Comply with the City of Kalispell's Building Codes. 2. Create easements and obtain approval from the respective utility companies. 3. Obtain approval from the City's Public works Department for sewer and water connections. 4. The plat shall be approved by the Department of Health and Environmental Sciences. 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 one year following passage of this Resolution. An extension may be granted for an additional year. 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. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS DAY OF , 1995. r"* Debbie Gifford, CMC Clerk of Council 3 Douglas D. Rauthe, Mayor AMENDED PLAT OF THE E1/2 OF LOT 3, BLOCK 38, KALISPELL ORIGINAL SUBDIVISION REPORT . FLATHEAD D , DEVELOPMENT APRIL t ,1995 This is a request by Gilbert and Othiida Zimbelman for preliminary plat approval of a two (2) lot subdivision located approximately 150 feet south of Center Street on the west side of 3rd Avenue East. Subject property is the East 1/z of Lot 3, Block 38, Kalispell Original. This is a minor subdivision which Is forwarded directly to the City Council for review and final action. APPLICANT Owner of Record: Gilbert and Othiida Zimbelman 22-3rd Avenue East Kalispell, MT 59901 Technical Assistance: Sands Surveying 1995-3rd Avenue East Kalispell, MT 59901 (406) 755-6481 TECHNICAL BACKGROUND INFORMATION Location: The proposed subdivision is located on the west side of 3rd Avenue East approximately 150 feet south of Center Street. The site contains approximately 3,553 square feet with 50 foot of frontage on 3rd Avenue East. The site is more formally described as the Amended Plat of the East '/2 of Lot 3, Block 38, Kalispell Original in part of the SW4, of the SW4, of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Existing Land Use/Zoning: The subject property currently is occupied by 2 residences and zoned B-4. Proposed Land Use: No specific land use has been proposed but any use within the B-4 (Central Business) zone would be permitted. Lot 1 contains approximately 1,984 square feet and Lot 2 contains approximately 1,570 square feet. Adjoining Land Use and Zoning: To the north, east, south and west are single-family residences. To the north, south, and west is zoned B-4; to the east is zoned RA-1. Covenants: None were submitted. This preliminary plat is reviewed as a minor subdivision in accordance with the Kalispell Subdivision Regulations. EFFECTS ON PUBLIC HEALTH AND SAFETY: The effects and/or impacts of two (2) commercial lots is expected to be minimal relative to public health and safety. This subdivision is within the jurisdiction of 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 flat and the property is not within a designated floodplain. Access Is available via 3rd Avenue East. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: The subject lots are within the city limits of Kalispell and surrounded by development. The property Is zoned for commercial development. There is no residual wildlife habitat. EFFECTS ON THE NATURAL ENVIRONMENT: The property exhibits no unique natural features. The lots are flat and have no unusual or significant plant communities associated with it. This lot has already been committed to development by previous subdivision approval. There will be no additional impact on the natural environment. EFFECTS ON LOCAL SERVICES: Schools: Because of the existing development and future commercial redevelopment, no impact is expected. Parks and Recreation: Impacts will be minimal. This project is exempt from parkland dedication or in -lieu fee. Fire Protection: The subdivision will be served by the Kalispell Fire Department. The Building Codes adopted by the City would require modification to the structures with the addition of this new property line. Police Protection: The Kalispell Police Department can adequately serve the additional development. Roads: The site is served by 3rd Avenue East, a City street. The street is fully developed. Water, Sewer, and The subdivision is served by existing utilities that have Other Utilities. adequate capacity and with appropriate easements this subdivision should have no impact. Public Health Services: Existing medical facilities in Kalispell will be able to accommodate the medical needs and emergencies of the residents of this subdivision. 2 The proposed subdivision is located within the confines of the developed area of Kalispell and will have no impacts on agricultural activities. DISCUSSION The property Is served by all necessary public facilities and utilities. It is appropriately zoned and each proposed lot has adequate building area for the zone. The B-4 Zone does not require any building setbacks from the property lines, however, this does not preclude development from complying with the required building codes. In this instance, the addition of this property line would require the upgrade of the two walls of the building that face each other. This proposal is considered to be in conformance with the type of development permitted by the zones in the area. Y' t • It is recommended that the Preliminary Plat of the Amended Plat of the .E1/z of Lot 3, Block 38, Kalispell Original be approved subject to the following conditions: Comply with the City of Kalispell's Building Codes. 2. create easements and obtain approval from the respective utility companies. 3. Obtain approval from the City's Public Works Department for sewer and water connections. 4. This preliminary plat is valid for one (1) year from the date of approval, an extension may be granted for an additional year. 6. The plat shall be approved by the Department of Health and Environmental Sciences. ...\KSR95-01.SND 3