Resolution 4194 - Preliminary Plat - Woodland Courti •
• 11
RESOLUTION NO. 4194
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE SUBDIVISION OF
LOTS 27, 28 AND 29 OF GREENACRES SUBDIVISION, FLATHEAD COUNTY,
MONTANA.
WHEREAS, the City of Kalispell, the owner of certain real
property described as Lots 27, 28 and 29 of Greenacres Subdivision,
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-94-04 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 Lots
27, 28 and 29 of Greenacres Subdivision, 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-94-04,
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 24 lots ranging in size from 9,600
square feet to 10,000 square feet. All of the lots meet or
are over the minimum required by zone. In addition, a 0.13
acre landscape park is proposed toward the center of the
development. No indication of ownership or maintenance of
that park has been indicated. This should be done on the face
of the final plat and included in the covenants.
The residential project will generate up to 240 daily vehicle
trips. These trips will proceed either north or south on
South Woodland Drive. This road has adequate capacity to
handle this traffic load and is expected to. Increased
pedestrian traffic can also be expected, especially pertaining
to school children. The lack of sidewalks along South
Woodland Drive will increase vehicular/pedestrian hazards.
1
984
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.
Access. to each of the lots will be by public street. The
project would have two accesses from South Woodland Drive to
the proposed Woodland Court, a 50 foot right-of-way except
where it bulbs at the interior corners. These bulbs would
provide for additional frontage for the corner lots and
additional on -street parking. The street will be developed to
City standards and would include a 5 foot sidewalk and a
boulevard on both sides of the street. This road is proposed
to be developed with 28-foot of improved width from face of
curb to face of curb. The City's standards indicate a minimum
of 24 feet of roadway plus 2 feet on each side for curb and
gutter for two-way traffic; this would not include parking.
This design promotes a quieter court design as no through
traffic would occur. Each of the building envelopes has
adequate separation within the project, and are complemented
by the landscaping, sidewalk, and circulation plans.
The City will plant street trees along South Woodland Drive
and Woodland Court. The developer is also providing a tree
and proposing to plant grass seed in the front of each lot,
also would develop the homeowners park with play equipment and
landscaping.
B. RELATION TO MASTER PLAN:
The Master Plan designates this property as Public; as such
the City can develop this property with any use it deems
appropriate. The surrounding area north, east, and west is
Urban Residential; the area south is Suburban Residential.
Both the zoning and proposed use would be in conformance with
that designation. The Master Plan permits a maximum density
of 8 units per acre in the Urban Residential designation; the
proposed development would be developed at 3.4 units per acre,
well under the maximum permitted.
C. RELATION TO ZONING:
The proposed lot dimensions are in conformance with the R-2
zoning designation.
D. COVENANTS
The applicant has submitted covenants with the preliminary
plat. This document describes homeowner's association
membership, use, and maintenance of the property, and
architectural standards. The covenants do not include a
statement covering the maintenance and ownership of the
homeowners landscape area. They should be amended to outline
those responsibilities. In addition, they should be amended
to include the City Council as the approving authority for any
amendments (as well as the homeowners association).
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 elementary schools of
this District, and will provide added impetus to
build an additional elementary school in the
District.
2. Parks and Recreation: A 0.13 acre homeowners
park/landscape area is proposed for the
development. It needs to be noted that this
homeowners park would not be dedicated to the City
and therefore would need to be indicated on the
final plat and in the covenants for maintenance and
ownership.
This amount of area is not considered to be
sufficient for park land dedication and therefore a
cash -in -lieu fee would be required. A market value
of $40,000 was indicated on the application. This
appears to be low and in conversations with the
City a figure of $100,000 was arrived at. The 0.13
acre homeowners park/landscape area accounts for
approximately 1.9% of the area necessary for park
dedication. Therefore, an additional 7.1% of
$100,000 would be required to be paid as a cash -in -
lieu fee park land dedication, which is $7,100.
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
986
5. Water: City water would be extended down South
Woodland Drive to service this property.
Sufficient capacity exists.
6. ewer: City sewer would be extended down South
Woodland Drive to service this development.
Sufficient capacity exists to service this
property.
7. Storm Water: A stormwater plan would need to be
approved by the City of Kalispell Public Works
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: Woodland Court would be built and
maintained as a City street. This road is being
proposed as a 50-foot right-of-way with 28 feet of
roadway improvement. As previously discussed,
since this street would not provide access to other
subdivisions it is felt that 28 feet of improvement
Is adequate.
This project is adequately served by South Woodland
Drive, a 60 foot right-of-way collector street, to
the internal loop road. This design allows South
Woodland Drive to flow with minimum interruptions
and creates a quiet internal street system for the
development. No sidewalks have been proposed along
South Woodland but should be to set the pattern for
sidewalks in the area.
E. 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. No significant negative effect is
expected.
F. 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. i
1
1
G. EFFECTS ON THE NATURAL ENVIRONMENT:
Topography does not pose a constraint on the property and
due to this development's connecting to City services no
groundwater contamination should occur. No significant
negative effect is expected.
H. 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 the City of Kalispell for
approval of the Subdivision Plat of Lots 27, 28 and 29 of
Greenacres Subdivision, 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 subdivision shall be approved by the State Department
of Health and Environmental Services.
4. The applicant shall install a mailbox location in
conformance to a plan approved by the U.S. Postal
Service.
5. The developer shall provide a minimum 50-foot right-of-
way for Woodland Court.
6. Sidewalks shall be installed along South Woodland Drive
in accordance with City standards.
7. The 10 foot future right -of --way expansion along South
Woodland Drive be eliminated and the area included in the
lots.
8. The developer shall install street trees and one (1)
additional tree per lot; and at a minimum, plant grass
seed in the front yards with a soil stabilizer to inhibit
erosion on each lot.
■
9. The developer install landscaping in the homeowners park
as approved by the City's Park Department Director. In
addition, a park -in -lieu fee of $7,100 be paid.
10. The Covenants be amended to include information on
ownership and maintenance responsibilities for the
homeowners park. This includes percentage of ownership
per lot for tax purposes, and that the City Council shall
approve any proposed amendments to the Covenants.
11. On the face of the final plat indicate gross and net
acres for each lot. Net acreage to be the area of the
lot as outlined on the plat and gross acreage to include
1/24 the area contained in the homeowners park indicating
it as such for taxation purposes.
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.
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 and Recorder, said premises shall be a subdivision of
the City of Kalispell.
PASSED AND APPROVF�D BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS DAY OF 1495•
(;O�- 41J�Dl
DouglaEOD. Rauthe, Mayor
ATTEST:
E