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Resolution 4138 - Walker Subdivision769 1 1 RESOLUTION NO. 4138 A RESOLUTION CONDITIONALLY APPROVING THE RESUBDIVISION OF LOT 2 OF THE ARNDT-WALKER SUBDIVISION, KALISPELL, FLATHEAD COUNTY, MONTANA. WHEREAS, Keith Albright, the owner of certain real property described - as Lot 2 of the Arndt -Walker Subdivision in the North East 1/4 of the North West 1/4, 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 2.7 (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 two (2) multi -family residential lots 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 flat and the property is not within a designated floodplain. Access is available via 5th Avenue East. B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: The subject lots are within the city limits of Kalispell and generally surrounded by development. The property is zoned for multi -family residential development. There is no residual wildlife habitat. C. EFFECTS ON THE NATURAL ENVIRONMENT: The property exhibits no unique natural features. The lot is flat and there are no unusual or significant plant communities associated with the property. This lot has already been E 770 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 with a maximum four (4) units would generate minimal impacts, with 6-12 additional children of grade school age. 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 improvements. Fire Protection: The subdivision will be served by the, Kalispell Fire Department. Police Protection: The Kalispell Police Department can adequately serve the additional development. Roads: The site is served by 5th Avenue East, a City street. The street presently does not have curb, gutter, or sidewalk. Please note the adjoining properties do not either. Water: The subdivision is served by a 6" water main that has adequate capacity. Sewer: Sewer does not currently exist in 5th Avenue East. An 6" sanitary sewer main exists in 18th Avenue East with a manhole at 5th Avenue East. The developer would extend sewer access to this main which has adequate capacity. Public Health Services: 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 impacts on agricultural activities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the application of Keith Albright for approval of the Resubdivision Plat of Lot 2 of Arndt -Walker Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: N i 771 1 1 1. Developer waives the right to protest future SID's for sidewalks and curbs. 2. Connect into the sewer main on 18th Street East. 3. The plat shall be approved by the Department of Health and Environmental Sciences. 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 one year 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. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF KALISPELL THIS 15TH DAY OF NOVEMBER, 1993. ATTEST: inan a Director /f M. Be • - Mayor M 3