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.
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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. This preliminary plat is valid for one (1) year from the date of approval;
an extension may be granted for an additional year.
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