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
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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
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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.
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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.
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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
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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.
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