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11. Resolution 4388 - Final Plat - Daley Field SubdivisionAgenda -December 15,1997 AGENDA ITEM 11 - RESOLUTION 4388-FINAL PLAT FOR DALEY FIELD SUBDIVISION (ROSAUERS) BACKGROUND/CONSIDERATION: I have enclosed the ordinance/resolution to formally plat the 5.25 acres of the Daley Field property to allow us to close the Rosauers sale. This is a portion of a 15 acre parcel. The closing of this sale is scheduled on or before December 23, 1997. The development agreement and purchase agreement has been compiled. The final drafts are being reviewed at this time. RECOMMENDATION: To complete our sale, the platting needs to be completed. This action will allow the sale to proceed as scheduled. I highly recommend the approval of Resolution 4388. ACTION REQUIRED: Approval of RESOLUTION 4388 is required to continue our sale of this land. "PLEASE NOTE FYI ITEMS ARE ON TOP OF THE STAFF REPORTS." RESOLUTION APPROVING• ' THE DALEY FIELD SUBDIVISION, 1 COUNTY, • WHEREAS, the City of Kalispell, the owner of certain real property known as Daley Field located on the west side of Highway 93 South south of 18th Street West in Kalispell and located in Section 20, 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 2.05, Subdivision Regulations of the City of Kalispell, and WHEREAS, preliminary plat approval for this minor subdivision was waived on December 4, 1997 by the Flathead Regional Development Office according to Section 2.06 of the Kalispell Subdivision Regulations and the Council hereby adopts the following findings of fact pursuant to Section 2.06 B.: 1. The plat contains three (3) lots meeting the requirement of § 2.06 A.1. 2. The plat shows no required dedication of public right of way and under'§ 76-3-621, MCA no -park land dedication may be required of a minor subdivision 3. All lots border on public right-of-way (U.S. Highway #93) access to said Highway at two intersections is shown on the plat. 4. All lots are suitable for development for commercial buildings and the property has been subject of an environmental analysis concluding no environmental contamination. 5. Municipal water is available to all three parcels and the City will be installing sewer to serve all lots within the subdivision. 6. The subdivision is located within a General Business, B-2 zone which is consistent with the intended use of the property. i:lwplfpdaley.wpd -1- 7. The subdivision is located within the corporate limits of the City of Kalispell, therefore, the subdivision will not have significant adverse impact on agriculture, agricultural water user facilities, local services, natural environment, wildlife, wildlife habitat, or public health and safety. WHEREAS, all conditions of compliance imposed in the waiver of preliminary plat by the Planning Director have been met, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of December 15, 1997, reviewed the FRDO Report #KWP-97-3, and found from the 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: Fd.r_e: The area is anticipated to be at low risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected to significantly impact the service provided by the district. yeget at3on and Topography: The site does not have significant native_ vegetation. The property -is -relatively flat and has historically been used for ballfields. If the City moves to expand the airport boundaries and initiates airport improvements, portions of this property may extend into the Runway Protection Zone (RPZ) depending on whether a B-1 or B-2 airport design is implemented. B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: The proposed subdivision is not mapped big game habitat winter range and does not appear to provide habitat to significant wildlife other than some birds and small animals. C. EFFECTS ON THE NATURAL ENVIRONMENT: The subdivision will be served by City of Kalispell water and sewer. Ashley Creek is in the vicinity, but is far enough iAwplfpdaley.wpd - 2 - from the site to be free from potential impacts. It does not appear that this subdivision will have a significant impact on surface water, groundwater or present significant problems with erosion. D. EFFECTS ON LOCAL SERVICES: &ewer and_Water: The City of Kalispell will provide water and sewer service to the newly created lots. No significant impacts can be anticipated to the City with regard to water and sewer services as a result of the creation of this subdivision. Roads: Access to the site is provided directly from Highway 93 South. Once these proposed lots are developed, review of the approaches will be required to address the additional traffic generated from the site. Currently an approval from the Montana Department of Transportation has been obtained for the proposed locations of the approaches. Review of the design and construction by the State will take place at the time the properties are developed. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is anticipated to create no additional school -age children for this district since this is a commercial subdivision. Parks: Parkland dedication is not'.required.f'or commercial subdivisions. PoliceProtection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Pro ion: The property is within the service district of the Kalispell Fire Department. The subdivision is not expected to significantly impact fire service. Refuse Dis oral: Refuse disposal will be provided by the City of Kalispell. The proposed subdivision is not expected to impact the landfill. Medical services: Emergency medical service is provided by the Kalispell Regional Hospital; Ambulance and Life Flight services are also available. i Awp\fpdaley.wpd - 3 - E. EFFECTS ON AGRICULTURE: The neighborhood has historically become more commercial over the past 10 years particulary with the availability of water and sewer to the area. This development will not have an impact on agriculture in the Valley. F. COMPLIANCE WITH MASTER PLAN: The property is designed as Commercial on the Kalispell City - County Master Plan map which anticipates a variety of retail, commercial, office, professional services and businesses which require the outdoor display of merchandise. This subdivision is in conformance with the Master Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Final Plat of the Daley Field Subdivision, Section 20, Township 28 North Range 21 West, 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 Iy. That upon proper 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 AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF KALISPELL, THIS DAY OF December, 1997. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council i Awplfpdaley.wpd - 4 - Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 December 11, 1997 Clarence Krepps, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59901 RE: Final Plat Approval for Daley Field Subdivision Dear Clarence: Our office has received an application from the City of Kalispellfor final plat peal for the above referenced subdivision. This is a three lot commercial subdivision ocated on the west side of Highway 93 South south of 18th Street West in Kalispell. The property is zoned B-2, a General Commercial zoning district with a minimum lot size requirement of 7,000 square feet. The property can be described as Assessor's Tract 2AE located in Section 20, Township 28 North, Range 21 West, P.M., M., Flathead County, Montana. Because this subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations, the preliminary plat for this subdivision was waived on December 4, 1997 by the Flathead Regional Development Office subject to four conditions of approval. The following is a list of the conditions of approval and a discussion of how they have been met. Condition No. 1. Approval by the City of Kalispell Public Works Department for water and sewer facilities to the subdivision. This condition has been adequately addressed. A certification from the Public Works Director has been obtained stating that water and sewer facilities are available or can be extended to the site. Condition No. 2. Certification by the Montana Department of Environmental Quality that the subdivision complies with the Sanitation in Subdivision Act. • This condition has been met. A letter from MDEQ, E,Q, #98-1818, dated December 8, 1997 states that the subdivision has fulfilled the requirements of the master plan exclusion for the plat. Condition No. 3. Approach permits from the Montana Department of Transportation for a shared access for proposed Lots 1 and 2 and access to proposed Lot 3. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat for Daley Field Subdivision December 11, 1997 Page 2 • This condition has been met. A letter from the Montana Department of Transportation dated December 9, 1997 has bee submitted which states that the location of the proposed accesses have been approved and that specific design will be addressed during actual construction. Condition No. 4. This preliminary plat approval waiver is valid for a period of three years and shall expire on December 3, 1997. • This condition has been met. The final plat has been submitted prior to the expiration of the preliminary plat approval waiver. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was review and approved. This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance for the B-2, General Commercial district. I za 51610)7,1ti7i1.rPTV • All of the conditions of preliminary plat approval have been adequately met. The Flathead Regional Development Office recommends that the Kalispell City County adopt the attached staff report KWP-97-2 as findings of fact and approve the final plat for Daley Field Subdivision. Please schedule this matter for the next regular City Council of December 15, 1997. You may call me at (406)758-5980 if you have any questions regarding this subdivision. Sincerely, ?aA I. la- Narda A. Wilson, AICP Senior Planner NW/ Final Plat for Daley Field Subdivision December 11, 1997 Page 3 Attachments: 1 opaque mylar 1 reproducible mylar 1 blueline Staff Report KWP-97-2 Letter from Smith Surveying dated 12 / 10 / 97 Letter from FRDO for pre plat waiver dated 12/4/97 DEQ approval #E.Q. #98-1818 dated 12/8/97 MDOT letter approving access locations dated 12/9/97 Title Report from Citizens Title J-156642 Treasurers Certification (missing) c: Smith Surveying, Box 7323, Kalispell, MT 59904-0323 City of Kalispell, Box 1997, Kalispell, MT 59904 Debbie Gifford, Kalispell City Clerk H: \... \KW97-3 DALEY FIELD SUBDIVISION FINAL PLAT FRDO SUBDIVISION REPORT #KWP-97-3 REVIEW AND FINDINGS OF FACT DECEM 3ER 11, 1997 A report to the Kalispell City Council for Findings of Fact for the Daley Field Subdivision final plat. Preliminary plat approval for this minor subdivision was waived on December 4, 1997, subject to four conditions and compliance with the Kalispell City Subdivision Regulations. BACKGROUND A. Applicant: B. Location: City of Kalispell P.O. Box 1997 Kalispell, MT 59904 (406)758-7700 Smith Surveying P.O. Box 7323 Kalispell, MT 59904 (406)257-4323 The subdivision is located on the west side of Highway 93 South of 18th Street West in Kalispell. The property can be described as Assessor's Tract 2AE located in of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County. C. Size: Total area: 15.651 acres Lot 1: 2.980 acres Lot 2: 5.257 acres Lot 3: 7.414 acres D. Esdsting and Adjacent Land Uses: Currently this property is being used for softball fields. The City Airport abuts this property to the west. The National Guard Armory is directly to the north, the State Family Services offices is to the south. Across the street is a mix of office, retail and a restaurant and bar. E. Zoning: The property is located in a B-2, General Business zoning district which allows a variety of commercial, retail and office uses. This subdivision is in compliance with the zoning with regard to parcel size and use. F. Relation to Master Plan Map: The property is designated as Commercial on the Kalispell City -County Master Plan Map. These lots are in compliance with that master plan designation. G. Utilities: Water and Sewer: Electricity: Telephone: School: Police: Fire Protection: City of Kalispell Pacific Power and Light PTI Communications School District #5, Kalispell City of Kalispell City of Kalispell REVIEW AND FINDINGS OF FACT This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: The area is anticipated to be at low risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected the significantly impact the service provided by the district. Vegetation and topography: The site does not have significant native vegetation. The property is relatively flat and has historically been used for bal fields. Proximity to the Kalispell Airport: If the City moves to expand the airport boundaries and initiates airport improvements, portions of this property may extend into the Runway Protection Zone (RPZ) depending on whether a B-1 or B-2 airport design is implemented. B. Effects on Wildlife and Wildlife Habitat: The proposed subdivision is not mapped big game habitat winter range and does not appear to provide habitat to significant wildlife other than some birds and small animals. C. Effects on the Natural Environment: The subdivision will be served by City of Kalispell water and sewer. Ashley Creek is in the vicinity, but is far enough from the site to be free from potential impacts. It does not appear that this subdivision will have a significant impact on surface water, groundwater or present significant problems with erosion. 2 D. Effects on Local Services: Sewer and Water: The City of Kalispell will provide water and sewer service to the newly created lots. No significant impacts can be anticipated to the City with regard to water and sewer services as a result of the creation this subdivision. Roads: Access to the site is provided directly from Highway 93 South. Once these proposed lots are developed review of the approaches will be required to address the additional traffic generated from the site. Currently an approval from the Montana Department of Transportation has been obtained for the proposed locations of the approaches. Review of the design and construction by the State will take place at the time the properties are developed. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is anticipated to create no additional school - age child for this district since this is a commercial subdivision. Parks: Parkland dedication is not required for commercial subdivisions. Police Protection: The property is served by the Kalispell Police Department. it is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision is not expected to significant impact fire service. Refuse Disposal: Refuse disposal will be provided by the City of Kalispell. The proposed subdivision is not expected to impact the landfill. Medical Services: Emergency medical service is provided by the Kalispell Regional Hospital; Ambulance and Life Flight services are also available. E. Effects on Agriculture: The neighborhood has historically become more commercial over the past 10 years particularly with the availability of water and sewer to the area. This development will not have an impact on agriculture in the Valley. F. Compliance with Master Plan: The property is designated as Commercial on the Kalispell City County Master Plan map which anticipates a variety of retail, commercial, office, professional services and businesses which require the outdoor display of merchandise. This subdivision is in conformance with the Master Plan. 3 Off MugNJ Staff recommends that the Kalispell City Council adopt Staff Report KWP 97-3 as findings -of -fact for the proposed subdivision and approve the final plat. H:\FRDO\KALISPELL\KWP\96\KWP97-3A 4 SLK. I BAF �i-KS 1 A 8AD 2 'v UV A D 1 A78 2 I \ GUARD ARMCRY \ 18 3AS r 3AA 3A 8i I 38 24 ADDITION 8N 't SKA No. 1 1 i"BA 4ABS 14AW K y i 14AS i I so i ' Blocit T -;— . " SpIk spc-kx Sod 2 'roc. 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