Resolution 4136 - Preliminary Plat - Kelly (Western Pines)763
RESOLUTION NO. 4136
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF THE
RESUBDIVISION OF LOT 5 OF WESTERN ACRES, PART OF THE SE1/4, OF THE
SW1/4 OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
KALISPELL, FLATHEAD COUNTY, MONTANA.
WHEREAS, Ronald Kelley, the owner of certain property
described as Lot 5 of Western Acres, part of the SE1/4 of the SW1/4
of Section 18, TN28N, R21W, P.M.M., Kalispell, Flathead County,
Montana, has petitioned for approval of the preliminary plat of
said property, and
WHEREAS, the proposed preliminary 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. EFFECTS ON PUBLIC HEALTH AND SAFETY:
The effects and/or impacts of four (4) duplex units of
residential development is expected to be minimal
relative to public health and safety. 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 natural hazards. The terrain is
relatively flat and the property is not within a
designated floodplain. Access is available via 7th
Avenue West and Western Drive.
B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT:
The subject lot and subdivision is within the city limits
of Kalispell. The property is zoned for residential
development and has been developed accordingly. There is
no residual wildlife habitat of significant value.
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C. EFFECTS ON THE NATURAL ENVIRONMENT:
The property exhibits no unique natural features. The
lot is relatively flat and there are no unusual or
significant plant communities associated with the
property. This lot has already been committed to
residential development by previous subdivision approval.
There will be no additional impact on the natural
environment.
D. EFFECTS ON LOCAL SERVICES:
Schools: Development of a maximum of 8 additional
housing units will have minimal impact with 8-16
additional children of grade school age generated.
Parks and Recreation: Impacts will be minimal. This
project is not exempt from parkland dedication or in -lieu
fee. Cash -in -lieu of parkland dedication is made at a
rate of one -ninth (1/9) the cash value of the land prior
to the improvements.
Fire Protection: The subdivision will be served by the
Kalispell Fire Department. The department notes no
particular concerns with the ability to adequately serve
the proposed subdivision.
Police Protection: The Kalispell Police Department can
adequately serve the additional development.
Roads: The site is served by 7th Avenue West, a City
street, and Western Drive, a private road. The street
presently does not have curb, gutter, or sidewalk. Note
that the adjoining properties do not either.
Water: The subdivision is served by an 8" water main
that has adequate capacity.
Sewer: An 8" sanitary sewer main serves the site and has
adequate capacity.
Public Health Service: Existing medical facilities in
Kalispell will be able to accommodate the medical needs
and emergencies of the residents of this subdivision.
E. EFFECTS ON AGRICULTURE:
The proposed subdivision is located within the confines
of the developed area of Kalispell and will have no
direct or indirect impacts on agricultural activities.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION I. That the application of Ronald Kelley for approval
of the preliminary plat of the Resubdivision of Lot 5 of
Western Acres, part of the SE1/4 of the SW1/4 of Section 18,
T28N, R21W, P.M.M., Kalispell, Flathead County, Montana is
hereby approved subject to the following conditions:
1. Cash -in -lieu of parkland dedication be made at a rate of
1/9 the cash value of vacant land (1/9 of $17,500
$1,944).
2. As part of this subdivision approval the requirement for
sidewalks is waived.
3. A 20-foot utility easement be established along the
common property lines (10 foot either side), of the
proposed Lots 1 and 3, and Lots 2 and 4.
4. At the time of development of Lots 1 and 3 stub out water
and sewer mains a minimum of 10 feet into the Western
Drive ROW and connect into the 7th Avenue West mains.
5. The plat shall be approved by the Department of Health
and Environmental Sciences.
5. Developer waives the right to protest future SID's for
paving Western Drive.
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 shall be valid for
one (1) year from the date of approval; 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.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS 1ST DAY OF NOVEMBER, 1993.
(zm" a 6��
DouglaAJD. Rauthe, Mayor
ATTEST:
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