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09. Resolution 4263 - Hunter - Preliminary PlatRESOLUTION NO. 4263 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE HUNTER 1 AND 2 SUBDIVISION, FLATHEAD COUNTY, MONTANA. WHEREAS, Kit and Shelby Hunter, the owners of certain real property known as the Hunter 1 and 2 Subdivision and more particularly described as Assessor's Tracts 8T1A and 8TAB in the southeast quarter of Section 18, Township 28 North, Range 21 West, 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 City Council of the City of Kalispell at its regular Council Meeting of May 6, 1996 reviewed the FRDO Report #KSR-96-3, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest, and WHEREAS, the City Council has based its findings upon the following findings of fact: A. EFFECTS ON HEALTH AND SAFETY: Fire: The property is within the Kalispell Fire Department's service area. The property owner has extended the right-of- way to provide hammerhead turnaround in the case of a fire emergency. No unusual concerns regarding fire safety or fire protection are related to this site or the proposed subdivision. A fire hydrant is located at the northeast corner of the property. Topography: The topography of the site is level with no potential problems for development or public safety concerns. Roads: Access to the subdivision is at the end of Fourth Avenue West. Fourth Avenue West is a paved City street with a forty foot right-of-way. This forty foot right-of-way has been extended to provide for fire access and future extension of the roadway to the east if necessary. Access to the existing house will be provided from a flag extending to the terminus of the right-of-way. B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: No significant impact to wildlife and wildlife habitat from the development of this additional parcel. This is on a fringe urban area. Some limited wildlife habitat may exist in the more rural area to the west, primarily birds and deer. C. EFFECTS ON THE NATURAL ENVIRONMENT: No surface water is within the immediate area of this site which might be impacted by this development. Because this subdivision will be on public water and sewer, no impacts to groundwater can be anticipated. The existing house is on an on -site septic system which will be abandoned and hooked up to City sewer. Erosion and runoff problems should be limited because of the level topography of the site. Revegetation of the disturbed areas after development of the site will adequately control potential erosion and stormwater runoff. D. EFFECTS ON LOCAL SERVICES: Sewer: Kalispell public sewer is available to this site by extending a service line from the main located on Fourth Avenue West. The existing residence is currently served by an on -site septic system which will be abandoned. Water: Kalispell public water currently serves the existing residence. An additional service line will be provided for the new home from an existing main on Fourth Avenue West. Adequate water service is available to accommodate the additional residence. Roads: An additional 10 vehicle trips per day onto Fourth Avenue West can be anticipated once the additional lot is developed. This is a City owned and maintained road which is adequate to accommodate the additional traffic. Schools: No substantial impact can be anticipated from approximately one additional school age child which might be generated as a result of this additional lot. Parks: No parkland dedicated is required for this two lot residential subdivision. Police Protection: The site is served by the Kalispell City Police Department. Minimal impacts to the department can be anticipated. Fire Protection: Fire protection can be provided by the Kalispell City Fire Department. No unusual circumstances exist which would hinder their ability to provide service to this subdivision. A hammerhead turnaround has been provided at the end of the street which has been reviewed and approved by the fire chief. 2 Refuse Disposal: Municipal refuse service is available to serve this property. Adequate space at the County landfill is available for the solid waste which will be generated by the subdivision. Medical Services: Kalispell Regional Hospital is approximately one mile from the site. ALERT helicopter and the ambulance services are available. E. EFFECTS ON AGRICULTURE AND AGRICULTURAL WATER USERS FACILITIES: No impacts to agriculture can be anticipated as a result of this subdivision since this is an urban area of the county. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the application of Kit and Shelby Hunter for approval of the preliminary plat of the Hunter 1 and 2 Subdivision, more particularly described as Assessor's Tracts 8T1A and 8TAB in the southeast quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana is hereby approved subject to the following conditions: 1. Water and sewer facilities shall be approved by the City of Kalispell and the Montana Department of Environmental Quality. The existing water and sewer lines shall be surveyed and an easement shall be shown on the final plat in accordance with a plan approved by the City. 2. That the fire access and turnaround area shall be approved by the Kalispell Fire Department. 3. House numbers will be visible from the road either at the driveway entrance or on the building. 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 three (3) years 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. 3 PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS DAY OF 1996. ATTEST: Debbie Gifford, CMC Clerk of Council 4 Douglas D. Rauthe, Mayor \LJ ✓L[ :t..' L .1nt. X.'. -J` ! j.' �rJI Cl NYS.R 1 AND 2 SUBDIVISION STAFF REPORT - 3 FLATHEAD REGIONAL DEVELOPMENT U CE APRI L 172 1996 This is a report to the Kalispell City Council regariding a request for pmliminary plat sWoval for a two lot residential subdivision in a proposed R-4, a Two -Family Residential, zoning district. A petition for annexation and initial zoning to R-4 zoning has been filed costly with this subdivision request. A. Applicant: Technical ce: B. Lacation: Kit and Shelby Hunter 460 First Avenue E.N. Kalispell, MT 59901 (406) 752-4800 Marquardt Surveying, Inc. 285 First Avenue E.N. Kalispell, MT SMI (406) 755-6295 This site is located at the south end of Fourth Avenue west in the 1400 block of Kalispell. The prop" has access from Fourth Avtm West. The pmperty am be described as the Assessor's Tracts STAB and gTIA in the SE4 of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead Cmaty, Montana. C. Size: Parcel size: Lot I: Lot Z: ❑r E. Existing Land Use: 0.45 acre 0.16 acre ( 6,970 sf) 0.23 acre (10,019 so Single family residence Adjacent Land Uses avd Zoning. The general character of this area is single-family residues on urban size lots with some larger properties to the south. This area is at the southwestern edge of the city limits. 1 37 A.9 kL1A:1.L, .iit. ..L FA '!J; -Piz i North: R4, single family residenom South: R-5 (County), large tract single family residences East: R-5 (County), large tract single family reside=9 West; R-4, single family residential �. i....€: � . � ,+1 1. �. ii/? i s 1 �. � w rr �; V ' ♦ ' .` . - t " 7: ` Minimum lot size: Maximum density: Minimum lot width: Front setback: Side setback; Rear setback: 6,000 square feet 7 dwellings per acre 50 feet 15 feet 5 fed 10 feet There is an existing house on proposed Lot 2 which meet the required setbacks of the R- 4 district, as shown on the preliminary plat. There is an existing garage on proposed Lot l which will be converted to a single family residence. G. Relation to Master Plan M- ap: The Kalispell City -County Master Plan designates this area as 'Urban Residential." This subdivision is in compliance with the master plan with regard to the proposed lot size and the urban residential use proposed. H. Utilities/Services: Water: City of Kalispell Sewer: City of Kalispell Refuse: City of Kalispell Gas: Montana Power Company Electric; Pacific Power Police City of Kaliq*ll Fiore: City of Kalispell Schools: School District 5 I. Covenants: No covenants were submitted with the preliminary plat application. REVIEW AND FIIrIDINO O FACT This application is reviewed as a minor subdivision in accordance with statutory review criteria and the City of Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: The property is within. the Kalispell Fire Department's service area. The property owner has extended the right-of-way to provide hammerhead turnaround in the case of 2 A.11 Ci?.A;C :�L3 ��'i '.'t..��C a fire emergency. No unusual concerns regardingre&arding fire safety or fins protection are related to this site or the proposed subdivision. A fire hydrant is locaW at the northeast corner of the property. ,: t rS. t i 1 topography of the t..: Is level with no . ► t'-1ifh -► fps it>. ► '�ienveloprwnt or public saiety concerns. Roads: Access to the subdivision is at the end of Fourth Avenue West. Fourth Avenue West is a paved City street with a forty foot right-of-way. This forty foot right-of-way bas been extended to provide for fire access and future extension of the roadway to the east if necessary. Access to the oxisting house will be provkIed f m a fin emMing to the terminus of the right-of-way . B. Effects on Wildlife and Wildlife Habitat: No significant impact to wildlife and wildlife habitat from the developmem of this additional parcel. This is on a fringe urban area. Some limited wildlife habitat may exist in the more rural area to the west, primarily birds and deer. C . Effects on the Natural Environment: No surface water is within the irmmediate area of this site which might be impacted by this development. Because this subdivision will be on public water and sewer, no impacts to groundwater can be anticipated. The existing house is on an on -site septic system which will be abandoned and hooped up to City sewer. Erosion and runoff problems should be limited because of the level topography of the site. Revegetation of the disturbed areas after development of the site will adequately control potential erosion and storrawater runoff. Sewer: Kalispell public sewer is available to this site by extending a service line from the main located on Fourth Avenue West. The existing residence is currently served by an on -site septic system with will be abandoned. Water: Kalispell public water currently serves the existing residence. An additional service line will be provided for the new home from an existing main on Fourth Avenue West. Adequate water serve is available to accommodate the additional residence. Roads: An additional 14 vehicle trips per day onto Fourth Aveme West can be anticipated once the additional lot is developed. This is a City owned and maintained road which is adequate to accommodate the additional traffic. !fir:-:_-rt? :Ri ;tip .Ln�n�r.a :,�r .e+ .r:._c ryr AV FA F. G. ftl '►.'., « :•. ..' >. }. t i }._ . >` ::! ! ._1 : !._. ]... •. a i-7} Fire Protection: Fire protection can be provided by the Kalispell City Fire Department. No unusual circumstances exists which would hinder their ability to provide savim to this subdivision. A bammeibead turnaround has been provided at the end of the stet which has been reviewed and approved by the fire eblef. Refuse Disposal: Municipal refuse service is available to serve this property. Adequate space at the County landfill is available for the solid waste which will be generated by the subdivision. Medical Services: Kalispell Regional Hospital is approximately one mile from Elie site. ALERT helicopter and the ambulance services are available. Effects on Agriculture and Agricultural Water Users Facilities: No impacts to agriculture can be anticip=1 as a result of this subdivision since this is an urban area of the county. Compliance with Master Plan This subdivision is in compliance with the Urban Residential designation of the Kalispell City -County Muster Plan. Compliance with Zoning Regulations This subdivision is in compliance with the R-4, Residential zoning for this property with regard to size, use and setbacks. Compliance with Subdivision Regulations: variance to cul-de-sac requirements for local stream, Section 24A-42, Table 1, minimum radius Consideration of the criteria for granting a variance to the minimum cul-de-sac radius requirements is discussed below. a. The granting of the variance will not be detrimental to the public bealth, safety, or general welfare or Injurious to other adjoining properties; 4 .^.t.. I- JJ .ill J. 7:R ILA.(.;;AV AL ..,ci `Jo The topography of the site and access to the site is generally level. Fire danger in general is low bemuse of the lack of fuel, generally level site and low density. It does not appear that the public health, safety or general welfare would be negatively effected by granting this variance. b. The wndfflons on whkh the request for the vadam Is based an =dq= C the property on which the variance Is sought and we rwt applicable rn�l t other property; This progeny is located at the end of a street which will not rely be exteeiaded directly south because there is a house in the direct path and because of the topography. if the applicants cannot obtain a variance, they will not be able to create these two (2) lots. C. Because of the particular physical surroundings, shape, or topographical conditim of the specific property Involved, a paMcular hardship to the owner would result, as disdn&shed by a mere Inconvenience, if the strk:t letter of these regulations are enforced; Low fire danger, generally level topography and good access make this a reasonable variance request. An undue hardship would result if the strict letter of the regulations are observed because the property would not be able to subdivided because of the amount of land that would be required for a 100 foot { radius cul-de-sac. d. The variance will not in any manner vary the provisions of the zoning regulations or the comprehenslre plan. No variance to zoning or element of the master plan would result from granting this variance. Based on the variance evaluation criteria above, it does not appear that there would be any substantial detrirnental effects to the public health, safety or welfare nor would there be increased costs. A fire truck turnaround is being provided that will be subject to review and approval by the Kalispell fire chief. Staff would recommend that the City Council the variance request and allow the hammerhead turnaround rather than the 100 foot radius cul-de-sw. [30141i ►rI u1� ►_�._ Staff recommends approval of the preliminary plat subject to the following conditions to be met by the subdivider: 1. Water and sewer facilities shall be approved by the City of Kalispell and the Montana Department of Environmental Quality. The existing water and sewer limes shall be M ::I:. 1= JJ ,Ai I.ta a.v i...a..u_r.1,r A1.j :L; :1..4L 1.1... ..i, `tJ'- I J Z ..,)( surveyed and an easement shall be shown on the final plat in accordsme with a plat approved by the City. 2. That the fire access snd Wrnuounti am shall be approved by the Kalispell Fire Department. 3. Howse numbm will be visible from the mad either at the drivway enmum or on the building. 4. preliminary plat approval is valid for a period of three year's. H. t... 1KKSR1961KSR96-3 . RPT 6 _ A PRELIMINARY SUBDIVISION PLAT OF "HUNTER I and " SE 114, Sec. Is , T 28N R21 W Flathead County , Wntano tr•%A for N4 erwI $TVA {rt '� arrc, bt�t it ►t ,TOjYNiii1 A1� ,�— •rVAM lZw mot V' T VAL STA a►A i� I % iTAA V4GlN !TY MAP SCALE 1"= 100' arm s%-TE P. 400m wis sir J4 m w C. of S. to LEGEND O Sir 24p` RWI3A l9sw(rN PtA3 GAA S PE' 6 FouND Wr RISAP ' PUTNAM' PEA G• Of S. No. 2312 •Fau►Jp ftiwT AS 94'rE0 SILNis 40' m 100.1m. 30.8t �84'+ti'z8'«I Sgifl.&Y L . t4ASA -ti OW1dERi f WO SDVT14 MERIDIAN RO. "LIS FELL. MT 5990 1 NOTES! (1) LOTS 7'0 BE 5E RVED BY c.11-Y WATER AND s WW6R . (1) LOTS TO 8EMWEXED TO KALISPC-LL AND zoNEp R• 4 .