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09. Resolution 4214 - Market Place Phase III - Preliminary PlatRESOLUTION NO. 4214 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE SUBDIVISION OF KALISPELL MARKET PLACE, PHASE III, OF ASSESSORS TRACT 2A IN THE SE1/4 OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Darrel Martin and James Chase, the owners of certain real property described as Assessors Tract 2A in the SE1/4 of Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, have 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. MASTER PLAN: The requested subdivision is in conformance with the Kalispell City/County Master Plan designation of Commercial. Center Street is designated as an Arterial and 1st and 3rd are designated as Collectors. B. EFFECTS ON PUBLIC HEALTH AND SAFETY: The effects and/or impacts of creating three (3) commercial lots is expected to be minimal relative to public health and safety since they have good exposure to City facilities including roads. 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 known significant natural hazards. The property is flat and not within a designated floodplain. However, since this property is expected to redevelop, the creation of these property lines could impact utilities, access, and parking due to trespass conflicts and maintenance. A cross access and parking agreement and utility easements should be created. Approval of the request to waive the installation of sidewalks is appropriate at this time. Staff feels that sidewalks would be more appropriately installed when Center Street is reconstructed to its full right-of-way or when the lots are redeveloped, as need be. C. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: The site is within the city limits of Kalispell and in a state of transition with little residual wildlife. The property is zoned for commercial development and has been partially developed as such. D. 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 them. These lots have already been committed to development by previous approvals. There will be no additional impact on the natural environment. E. EFFECTS ON LOCAL SERVICES: Schools: Because of the type of commercial development to take place, no impact is expected. Parks and Recreation: This project is commercial and exempt from parkland dedication or in -lieu fee. Fire Protection: The subdivision will be served by the Kalispell Fire Department. Police Protection: The Kalispell Police Department can adequately serve the additional development. Roads: The site is served by Center Street, and 1st and 3rd Avenues EN, all City streets. Center Street is a designated Arterial and carries commercial traffic. This road is only currently dedicated at 50 feet and constructed/striped for two lanes of traffic. As an arterial it would be expected that, in the future, when the need arises additional right-of-way would be necessary to upgrade it to reflect its potential carrying capacity. The property currently has a 20 foot utility easement along the southern boundary of the property, it has been indicated on the preliminary plat to be available for future dedication/acquisition. This is very important for the future of Center Street and should appear as such on the Final Plat. In addition, the Kalispell Area Transportation Plan indicates that a Collector street would connect 7th Avenue EN with 3rd and 4th Avenues EN, this would also increase the traffic on Center Street. Pq 1st and 3rd Avenues EN are both designated as Collectors and serve as such, at this time no additional right-of-way is anticipated for those roads. Water, Sewer, and Utilities: The property is served by existing adequate utilities. Utilities easements should be created to serve each lot with the appropriate utility. Public Health Services: Existing medical facilities in Kalispell will be able to accommodate the medical needs and emergencies of this subdivision. F. 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 Darrel Martin and James Chase for approval of the preliminary plat of Kalispell Market Place, Phase III, of Assessors Tract 2A in the SE1/4 of Section 7, T28N, R21W, P.M.M., Flathead County, Montana is hereby approved subject to the following conditions: . 1. Create cos rss acces ankia d parng greements, this includes access from lst Street EN to 3rd Street EN along th' _,111J northerly Dortion of the 2. Sidewalks are waived until such time as the additional right-of-way for Center Street is acquired. 3. Create utility easements for and obtain approval from the respective utility companies. 4. Obtain approval from the City's Public Works Department for sewer and water connections/easements. 5. Indicate on the final plat a 20' reservation of right of way for the widening of Center Street. 6. 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. K, 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 OF THE CITY OF KALISPELL THIS DAY OF , 1995. ATTEST: Debbie Gifford, CMC Clerk of Council 4 Douglas D. Rauthe, Mayor KALISPELL MARKET PLACE, PHASE III SUBDIVISION REPORT #KSR 95-04 FLATHEAD REGIONAL DEVELOPMENT OFFICE JUNE 7, 1995 This is a request by the Thomas, Dean, and Hoskins on behalf of Darrel Martin and James Chase for preliminary plat approval of a three (3) lot subdivision located on the north side of Center Street between 1st and 3rd Avenues Eastnorth. This is a commercial minor subdivision which is forwarded directly to the City Council for review and final action. APPLICANT Owner: Darrel Martin and James Chase 1429 Highway 2 West Kalispell, MT 59901-3415 Technical Assistance: Thomas, Dean, and Hoskins 690 N. Meridian Road, Ste. 101 Kalispell, MT 59901 TECHNICAL BACKGROUND INFORMATION Location: The proposed subdivision is located on the north side of Center Street, a designated arterial, between ist Avenue Eastnorth and 3rd Avenue Eastnorth, both designated as Collectors. The subject property is described as Assessors Tract 2A in the SE1/4 of Section 7, Township 28 North, Range 21 West, P.M.M., Flathead, Montana. The site contains approximately 4.04 acres with a total of 660 foot of frontage on Center Street. Request• This is a request to divide approximately 4 acres of B-4 zoned property into three (3) lots. Lot 1 would contain 1.171 acres and would have 176 foot of frontage on Center Street and 310 feet of frontage on 1st Avenue EN; Lot 2 would contain 0.730 acres and have 120 foot of frontage on Center Street. Lot 3 would contain 2.134 acres and have 370 foot of frontage on Center Street and 250 foot of frontage on 3rd Avenue EN. In addition a request for a variance has been received to allow a waiver to the requirements of sidewalks. Land Use and Zoning: The subject property is 4.035 acres, currently occupied by various commercial uses and zoned B-4. The property to the north and south contains commercial uses and are also zoned B-4. Property to the west is zoned B-4 and is developed with the park. The property to the east is zoned I-1 (Light Industrial) . Covenants: None were submitted. A cross access and parking agreement should be created because the proposal discussed an alley like driveway along the north property line connecting 1st and 3rd Avenues EN. REVIEW AND COMMENTS This preliminary plat is reviewed as a minor subdivision in accordance with the Kalispell Subdivision Regulations. MASTER PLAN: The requested subdivision is in conformance with the Kalispell City/County Master Plan designation of Commercial. Center Street is designated as an Arterial and 1st and 3rd are designated as Collectors. EFFECTS ON PUBLIC HEALTH AND SAFETY: The effects and/or impacts of creating three (3) commercial lots is expected to be minimal relative to public health and safety since they have good exposure to City facilities including roads. 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 known significant natural hazards. The property is flat and not within a designated floodplain. However, since this property is expected to redevelop, the creation of these property lines could impact utilities, access, and parking due to trespass conflicts and maintenance. A cross access and parking agreement and utility easements should be created. Approval of the request to waive the installation of sidewalks is appropriate at his time. Staff feels that sidewalks would be more appropriately installed when Center Street is reconstructed to it full right-of-way or when the lots are redeveloped, as need be. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: The site is within the city limits of Kalispell and in a state of transition with little residual wildlife. The property is zoned for commercial development and has been partially developed as such. 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 them. These lots have already been committed to development by previous approvals. There will be no additional impact on the natural environment. EFFECTS ON LOCAL SERVICES: Schools: Because of the type of commercial development to take place, no impact is expected. Parks and Recreation: This project is commercial and exempt from parkland dedication or in -lieu fee. Fire Protection: The subdivision will be served by the Kalispell Fire Department. Police Protection: The Kalispell Police Department can adequately serve the additional development. Roads: The site is served by Center Street, and 1st and 3rd Avenues EN, all City streets. Center Street is a designated Arterial and carries commercial traffic. This road is only currently dedicated at 50 feet and constructed/striped for two lanes of traffic. As an arterial it would be expected that, in the future, when the need arises additional right-of-way would be necessary to upgrade it to reflect it potential carrying capacity. The property currently has a 20 foot utility easement along the southern boundary of the property, it has been indicated on the preliminary plat tobe available f or f uture dedication/acquisition. This is very important for the future of Center Street and should appear as such on the Final Plat. In addition, the Kalispell Area Transportation Plan indicates that a Collector street would connect 7th Avenue EN with 3rd and 4th Avenues EN, this would also increase the traffic on Center Street. Ist and 3rd Avenues EN are both designated as Collectors and serve as such, at this time no additional right-of-way is anticipated for those roads. Water, Sewer, and The property is served by existing utilities adequate Utilities. Utilities easements should be created to serve each lot with the appropriate utility. Public Health Services: Existing medical facilities in Kalispell will be able to accommodate the medical needs and emergencies of this subdivision. 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. 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 existing buildings meet all the setbacks from the property lines. With appropriate utility easements and a cross access and parking agreements no conflicts should arise. The developer has indicated appropriate future right-of-way needs along Center Street which will not significantly impact development of the property. This proposal is considered to be in conformance with the type of development permitted by the zone and anticipated for his area. RECOMMENDATION It is recommended that the preliminary plat of Kalispell Market Place, Phase 3 be approved subject to the following conditions: 1. Create cross access and parking agreements, this includes access from 1st Street EN to 3rd Street EN along the northerly portion of the property. 2. Sidewalks are waived until such time as the additional right-of-way for Center Street is acquired. 3. Create utility easements for and obtain approval from the respective utility companies. 4. Obtain approval from the City's Public Works Department for sewer and water connections/easements. 5. Indicate on the final plat the future Center Street right-of-way. 6. The plat shall be approved by the Department of Health and Environmental Sciences. 7. 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