Resolution 4192 - Preliminary Plat - Esperanza967
RESOLUTION NO. 4192
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE SUBDIVISION OF
LOT 6 OF PORTA VILLA #3 IN THE NE1/4 OF SECTION 12, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, AECS Ltd., the owner of certain real property
described as Lot 6 of Porta Villa #3 in the NE1/4 of Section 12,
T28N, R22W, P.M.M., Flathead County, Montana, has petitioned for
approval of a subdivision of said property, 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 November 16, 1994, on the
proposal and reviewed Subdivision Report #KPP-94--05 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 Lot
6 of Porta Villa #3 in the NE1/4 of Section 12, T28N, R22W, P.M.M.,
Flathead County, Montana, subject to certain conditions and
recommendations, and
WHEREAS, the City Council of the City of Kalispell at its
regular Council Meeting of January 17, 1995, held a public hearing,
after due and proper notice; reviewed the FRDO Report #KPP-94-05,
reviewed the recommendations of the Kalispell City -County Planning
Board and Zoning Commission, and 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. DESIGN:
The developer proposes 19 lots ranging in size from 6,028
square feet to 8,190 square feet. All of the lots are over
the minimum required by the zone.
The residential project will generate up to 190 vehicle trips
per day developed as a single-family development and generate
up to 232 trips per day developed as a duplex development.
These trips will proceed either north or south on Hawthorne
Avenue. This road has adequate capacity and is expected to
handle the increased traffic load. Increased pedestrian
traffic can also be expected, especially pertaining to school
children. The lack of sidewalks in this area will increase
vehicular/pedestrian hazards.
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The residential use is not likely to create a nuisance
relative to noise. Similar or more land -intensive uses are in
the same area.
The use is residential in character and will not create a
neighborhood problem relative to dust, glare, heat, smoke,
fumes, gas, or odors when the project is complete.
Access to each of the lots will be by public street. The
project would have a single access from Hawthorne Avenue to
the proposed Teton Street, a 60 foot right-of-way. Iris Court
is proposed to be a 50 foot right-of-way where it loops around
making its connection to Teton Street. In addition, Iris
Court is proposed to have a connector to the existing private
access road of the Hawthorne West subdivisions. This
connection is proposed at a 40 foot right-of-way since it
connects to the narrow private road of Hawthorne West. The
connection, since it's a private road, should be installed
with an emergency access gate for emergency vehicle use. All
the streets within this subdivision will be developed to City
standards for 40, 50, and 60 foot rights -of -way. The roads
would be developed to City standards including curb, gutter,
sidewalks, and street trees. The City's Standards for Roadway
Improvements indicate a minimum of 24 feet of roadway for two-
way traffic, which would not include parking and would be
adequate for the 40 foot right-of-way. However, the 50-foot
right-of-way should be developed with parking on one side
requiring street improvements of 32 feet back of curb to back
of curb. Teton Street, the through 60 foot right-of-way,
would be required to be improved at 40 foot back of curb to
back of curb providing parking on both sides.
This design promotes a quieter court design for the 50 foot
right-of-way as no through traffic would occur and adequate
through road improvements to the west for future development.
Each of the building envelopes has adequate separation within
the project, and are complemented by the landscaping,
sidewalk, and circulation plans.
B. RELATION TO MASTER PLAN:
The Master Plan designates this property as High Density
Residential, which permits a maximum density of 40 units per
gross acre. The proposed development would be developed at
4.75 lots per acre based on single family development or 9.5
units to the acre based on duplex development, well under the
maximum permitted.
C. RELATION TO ZONING:
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develop. Lot 7, because of its narrowness at the front lot
line and the lot minimum lot width of 60 feet being is
measured at the building line, creates a small building
envelope. This building line would be substantially back from
the front lot line, approximately 65 feet. It should be noted
that the Kalispell Board of Adjustments does not customarily
look favorably on variance requests when the problem was
created by the developer. It would be advisable to adjust the
lot lines to create a larger building envelope.
D. COVENANTS:
The applicant has submitted covenants with the preliminary
plat. This document describes use and maintenance of the
property and some development standards. This document
(Section 4. Building Locations) should be amended to exclude
information on specific building location. This because of
the problems that will be associated with the development of
irregular shaped lots (7 and 8) and only refer to the
Kalispell Zoning Ordinance for development criteria for
building location. In addition, they should be amended to
include the City Council as the approving authority for any
amendments.
E. EFFECTS ON PUBLIC SERVICES/FACILITIES:
1. Schools: The residential project is within the
jurisdiction of School District #5. Upwards of 25-
50 children might be associated with the project.
At complete buildout, this will have a significant
effect on the already crowded schools of this
District, and will -provided added impetus to build
additional schools in the District.
2. Parks and Recreation: No park is proposed for the
development. A park in -lieu fee has been proposed
for this development. That in -lieu fee is
calculated on the market value of the property
before improvements. The amount would be $5,000
which is 1/9 of $45,000.
3. Police: The Kalispell Police Department can
adequately respond to emergency situations at this
location.
4. Fire Protection: With the extension of the
municipal water line additional fire hydrants can
be installed. The Kalispell Fire Department can
adequately respond to this area.
5. Water: City water exists to service this property
. and sufficient capacity exists.
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6. Sewer: City sewer exists to service this
development and sufficient capacity exists.
7. Storm Water: A stormwater plan would need to be
Kalispell Public Works
approved by the City of
Department that adequately meets the stormwater
flows of this development.
8. Solid Waste: The City would provide refuse
removal. The existing landfill can accommodate the
anticipated generation of solid waste from this
development.
9. Roads: As previously discussed, the access
requirements of this subdivision have been met with
the appropriate improvements.
F. EFFECTS ON PUBLIC HEALTH AND SAFETY:
The site is within the urbanizing area of Kalispell. The site
is not within a designated 100-year floodplain or high fire
area. The site is within the Kalispell service area for
police, fire, and ambulance. No significant negative effect
is expected.
G. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT:
The site lies within the urbanizing area of Kalispell. It is
not in an area designated .as winter range and is not
considered prime habitat. There are no known rare or
endangered species onsite. No significant negative effect is
expected.
H. EFFECTS ON THE NATURAL ENVIRONMENT:
Topography does not pose a constraint on the property and
because this development is connecting to City services no
groundwater contamination should occur. No significant
negative effect is expected.
I. EFFECTS ON AGRICULTURE:
The area is within the urbanizing area of Kalispell. The
property had been used for agricultural/pasture types of uses
in the past but not recently. No significant negative impact
is expected.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL, MONTANA:
SECTION I. That the application of AECS, Ltd. for approval of
the Subdivision Plat of Lot 6 of Porta Villa #3 in the NE1/4 ■
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of Section 12, Township 28 North, Range 22 West, P.M.M.,
Flathead County, Montana, is hereby approved subject to the
following conditions:
1. Development of this property shall be in substantial
conformance with the approved Preliminary Plat.
2. The development shall comply with all subdivision and
zoning ordinance requirements.
3. The name of the subdivision on the final plat shall
include the information that this is an Amendment of
Porta Villa Number 3, Lot 6.
4. The subdivision shall be approved by the State Department
of Health and Environmental Services.
5. The applicant shall install a mailbox location in
conformance to a plan approved by the U. S. Postal
Service.
6. The developer
shall provide, at a minimum, rights -of -way
in accordance
with the preliminary plat.
7. The developer
shall install a minimum 28-foot of
improvements
Hawthorn west
(including emergency access gate at the
subdivision boundary), back of curb to back
of curb in
the 40 foot right-of-way; 32-foot of
improvements,
back of curb to back of curb in the 50 foot
right-of-way;
40-foot of improvements, back of curb to
back of curb.in
the 60 foot right-of-way.
8. The developer
shall install street trees, street lights,
and sidewalks.
9. Indicate in the Covenants that the driveway location for
Lot 4 is indicated on the final plat. Record on the face
of the final plat a driveway easement for Lot 4 at the
southeast corner of the lot. The size of the easement
for driveway purposes is to be approved by the City's
Public Works Director.
10. The Covenants (Section 4) be amended to include that
building location is governed by the Kalispell Zoning
Ordinance, RA-1 Zoning District as amended, and that
building envelopes are generally outlined on the Final
Plat, and that the City Council shall approve any
proposed amendments to the Covenants.
11. Locate the building envelopes for each of the lots on the
■ Final Plat verifying with the Flathead. Regional
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that they are correct prior to the filing of the final
plat.
12. All utilities shall be installed underground.
13. A storm water drainage plan be submitted to and approved
by the City's Public Works Director.
14. Fire hydrants shall be placed in accordance with a plan
approved by the City's Fire Chief.
15. Cash--in-lieu fee of $5,000 be paid to the City for park
land.
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.
E TI N 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 APPROVEED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS 17`k` DAY OF + 1995.
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Dougla D. Rauthe, Mayor
ATTEST:
Debbie Gi , CMC
Clerk of Council
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