Loading...
Resolution 4123 - Preliminary Plat - Liberty Village718 RESOLUTION NO. 4123 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF LIBERTY VILLAGE, LOCATED IN NE 1/4, SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, O.H. Whitescarver, the owner of certain real property described in Exhibit "A", attached hereto and thereby made a part hereof, has petitioned for the approval of a subdivision of said property to be known as Liberty Village, and WHEREAS, the proposed subdivision is subject to the provisions of Section 2.2, Subdivision Regulations of the City of Kalispell, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission held a public hearing on July 13, 1993 on the proposal and reviewed Subdivision Report #KPP-93-3 issued by the Flathead Regional Development Office, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Liberty Village subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell held a public hearing on the proposal at its regular Council Meeting of August 16, 1993, has reviewed the FRDO Report #KPP-93-3, has reviewed the recommendations of the Kalispell City -County Planning Board and Zoning Commission, and has found from the Preliminary Plat, and evidence, that the subdivision is in the public interest, and WHEREAS, the City Council has based its public interest findings upon the following findings of fact: A. EFFECTS ON PUBLIC HEALTH AND SAFETY: The site is not within a designated 100-year floodplain or high hazard fire area. The site is within the service area of Kalispell fire and police services and city ambulance. The extension of Liberty Street would logically serve the site. There is a concern in the future with secondary access out of this neighborhood. Presently, a 30-foot deeded right-of-way extends along the western side of this ownership. During the annexation process, it was identified that an additional 30 feet of right-of-way needed to be secured to provide for a future extension north/south off of Liberty Street. The applicant was given the choice of either dedicating an additional 30 feet or negotiating with the property owner to the immediate west for an additional 30 feet of M 719 1 right-of-way to create a full 60 feet of right-of-way. At this time Justice Street would not be required to be developed unless future activity actually fronted and would utilize that street. B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: The site lies on the urban fringe of Kalispell. It is not in a designated winter range and is not considered prime or necessary habitat for any species. There will be minimal impacts if any. C. EFFECTS ON THE NATURAL ENVIRONMENT: Topography does not pose a serious constraint on the property. Due to the presence of City sewer and water, ground water pollution is not a major concern. There -is no known important, rare or endangered vegetation on the site. D. EFFECTS ON LOCAL SERVICES: 1. Schools: The creation of six (6) building sites would allow the creation of up to 12 residential structures (duplex on each lot) without additional review by the City in the form of a conditional use permit. The maximum density allowed by this subdivision under the zoning ordinance would be 68 residential units. Such a project could be expected to generate anywhere from 34 to 100 school -age children, again depending on the scale of development proposed and the types of families attracted to this area. The project is anticipated to have a substantial impact on the local school system, as the nearby school is already at capacity. 2. Parks and Recreation: State law provides that 1/9 of the undeveloped value of the land be designated for park land. In this case, park land is unsuitable, consequently, the applicants will be required to pay a cash -in -lieu of park land payment of 1/9 of the undeveloped value of the land. The applicant puts the site market value at $45,000. One -ninth of this value would be $5,000. 3. Fire Protection: The site is presently within the Kalispell City Fire Department Jurisdiction. Response times will be within acceptable standards. 4. Police Protection: The sit e i 2 720 5. Roads: Liberty Street is a dedicated City street with a 40-foot travel surface, curb, gutter and sidewalk. The applicant would be required to extend Liberty Street the additional 180 feet to a point where it intersects with Justice Street. At that point, a 40-foot minimum radius cul-de-sac would be required. The Liberty extension would have to be paved to the full 40-foot travel surface, the cul-de-sac would be paved, curb, gutter and sidewalk would also be installed on both sides of the street. In addition, an additional 30 feet of right-of-way along the western side of this property must be dedicated to the City of Kalispell. This dedication could consist of 30 feet of land from the applicant's ownership or through negotiation with the property owner to the west for an additional 30 feet, creating a 60-foot side right-of-way. This is necessary to provide a secondary access from this project north/south, connecting Three Mile Drive and Two Mile Drive sometime in the future. 6. Water/Sewer: An existing 8" water main serves the site. Water supply can be extended to the property from the 8" water main in Liberty Street. The water main must be extended to the west end of Liberty Street and end with.a fire hydrant/clean-out valve. Note that the applicant, on the plat, does not show the water main being extended all the way to Justice Street. Sewer would be collected in a conventional gravity flow system which feeds into Lift Station #4, located immediately southwest of the proposed area behind the Treasure State Plaza Building. 7. Solid Waste: Kalispell municipal garbage pickup is available and can handle the increased demand in service. 8. Public Health Services: exist within the City of reasonable need. E. EFFECTS ON AGRICULTURE: Adequate medical facilities Kalispell to address any The site is located within the urban fringe of Kalispell and is not considered suitable or desirable agricultural land. F. EXPRESSED PUBLIC OPINION: Public comments received at public hearings held by the Kalispell City/County Planning Board and Zoning Commission on July 13, 1993 and Kalispell City Council on August 16, 1993 can be found in the minutes of said meetings. 1 3 i 721 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION I. That the application of 0. H. Whitescarver for approval of the subdivision of the property described in Exhibit "A" is hereby approved subject to the following conditions: 1. The plat shall be approved by the Department of Health and Environmental Sciences. 2. The preliminary plat is valid for a period of one year. Within that period of time, or as extended by the City, the applicant shall submit a final plat with attachments as required by the Kalispell Subdivision Regulations, to the City for final review and recording. 3. The undeveloped portion of Liberty Street right-of- way extending to the intersection of Justice Street shall be developed to City of Kalispell standards. This includes 40-foot travel surface plus curb and gutter along both sides of Liberty Street. Liberty Street shall terminate in a 55-foot radius temporary cul-de-sac. Additionally, 15-foot radius curves shall be dedicated to the City at each street intersection to allow property sidewalk placement. 4. Liberty Street shall have a five (5) foot wide sidewalk on both sides. A boulevard shall be provided for street tree planting. 5. The existing B" water main in Liberty Street shall be extended to the western end of Liberty Street and shall terminate in a fire hydrant. 6. The sewer main in Liberty Street shall be extended to the west end of the property. 7. Adequate right-of-way shall be added to Justice Street to create a 60-foot right-of-way. The additional dedication can be dedicated by the applicant or from the adjacent property to the west if the applicant can negotiate with adjacent property owner. B. If any development of these lots fronts Justice Street or is intended to utilize Justice Street, then Justice Street must be developed as a City street at the expense of the developer. Development would include street travel surface, curb, gutter, sidewalks and temporary cul-de-sac measures. 9. Justice Street shall be renamed Kinshella. 4 722 10. Cash in lieu of park land in the amount of $5,000 shall be paid to the City of, Kalispell based on the undeveloped market value of $45,000 for the site. 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 a period of one year following passage of this Resolution. SECTION IV. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk & Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CIT COUNC L AND MAYOR OF THE CITY OF KALISPELL THIS DAY OF . 1993. PC ATTEST: Amy H. Robertson Finance Director �or 1 9 i 723 EXHIBIT "A" That portion of the Northeast 1/4, SWUM 12, `iaAnship 28 North, Range 22 West, Flathead oounty, Montana described as follows: Beginning at the of the Fast line of Justice Street with the North line of Liberty Street; timoe along the Fast line of awtiee Street, North 00' 55' 45" East 165.17 feet; thence R m. tl, 89. 35' 18" East 640.10 feet; thence South 00" 15100" East 167.04 feet to the North line ne of Liberty Sheet; tune alaV the North lime of Liberty Street South 89.45'00" West 643.50 feet to the Point of Beginning, alm beginning at the of the Fast 1 M Of JUStiCB Street with the South ling of Liberty Street; ttxmxa along the South line of Liberty Stx eet, North 89.45'00" East 180.59 feet; thence South 00' 2.5' 05" West 253.80 feet; tixmrae North 89.44' 44" East 274.98 feet; nonce South 00. 35' 21" East im. 93 feet; txrce South 89.561.48" West 461.09 feet to the East lire of Justice Street; tune along the East line Of Justice Street, North 000551490 Fast 376.19 feet to the Point Of Begirming. Parcel A Certificate of Survey No. 11087. m