Resolution 4203 - Preliminary Plat - Belmar1616
RESOLUTION NO. 4203
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE SUBDIVISION OF
TRACT 14CA AND PART OF 1K IN THE NE1/4 OF SECTION 19, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Somers Land Company and Lindlief Enterprises, the
owners of certain real property described as Tract 14CA and part of
1K in the NE1/4 of Section 19, T28N, R21W, Flathead County,
Montana, further described in Exhibit "A", attached hereto and
thereby made a part hereof, 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 February 14, 1995, on the
proposal and reviewed Subdivision Report #KPP-95-01 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 the
property described in Exhibit "A", subject to certain conditions
and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its
regular Council Meeting of April 17, 1995, held a public hearing,
after due and proper notice; reviewed the FRDO Report #KPP-95-41,
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. RELATION TO THE MASTER PLAN:
The Kalispell City -County Master Plan Map designates this area
as Urban Residential. The density of the Urban designation is
a maximum of 6 dwelling units per acre. The development would
conform to the density and use standards of this
classification. The density of the proposed development is
3.9 lots per acre.
B. RELATION TO ZONING:
The subdivision will have to be
Kalispell zoning. It is expected
property R-4 and, therefore, the
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annexed and granted City of
that the City would zone the
subdivision will need to meet
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the City's R-4 district standards. All lots will meet the
City of Kalispell R-4 zoning ordinance requirements.
C. RELATION TO SUBDIVISION REGULATIONS:
The subdivision generally meets the requirements of the City
of Kalispell subdivision regulations. However, the street
pavement width is required to be approved by the City Council.
The applicant has proposed a pavement width of 28 feet and
curb and gutters for 32 foot of improvements with no
sidewalks. In Site Review Committee, staff reviewed the
City's need for safe passage of vehicles and sidewalks for
pedestrians. Out of that meeting it was decided that due to
the urban nature of local streets they should be constructed
to a 36 foot back of curb to back of curb improvement. In
this instance sidewalks should be installed on one side of the
street, that side being the outside of the loop and include
existing South Meadows Lot 57 on both sides and along the west
side of Lot 21.
D. COVENANTS:
No covenants have been submitted with this request. Land use
control would be governed by the Zoning Ordinance, Subdivision
Regulations, and any Covenants that might be proposed in the
future.
E. PUBLIC SERVICES/FACILITIES:
a. Sewer: The developer is proposing to hook into the
City of Kalispell Sewer. Extensions and approval
of the hook-up from the sewer district would be
necessary.
b. Water: Water will be supplied by the City of
Kalispell. Extensions and approval of the hook-up
from the purveyor would be necessary. In addition,
this proposal would be reviewed by the Montana
Department of Health and Environmental Sciences
prior to final plat approval.
C. Public Facilities: Other public facilities such as
telephone and electricity are in the immediate
vicinity.
d. Schools: 'No response from the School District has
been received. It is estimated that 15-25 children
would occupy the development at buildout.
e. Parks: No parkland dedication has been proposed.
An in -lieu fee of 1/9 the market value before
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improvements would be required. This in -lieu fee
would be paid at the time of final plat.
f. Police: The City of Kalispell would provide police
services for property in the City.
g. Fire Protection: The City of Kalispell would
provide fire protection for property inside the
City.
h. Solid Waste: The City of Kalispell would be the
refuse hauler.
i. Roads: The interior road system would be
constructed to City standards. As previously
discussed the City is recommending that 36 foot of
improvement back of curb to back of curb be
installed along with sidewalk on the outside of the
loop.
j. Public Health Services: The project is
approximately three miles from major health
services in Kalispell.
F. EFFECTS ON PUBLIC HEALTH AND SAFETY. -
Primary concerns of a development's impact on public
health and safety include provision of accessibility;
emergency services; building in areas such as floodplain;
areas of seismic activity; unsuitable soils, and steep
hillsides.
This subdivision would have only one access through South
Meadows to Airport Road until development takes place
west of South Meadows. At the time Phase 2 of Ashley
Park (Carver's subdivision south of South Meadows) is
constructed, a second access road to South Meadows
Subdivision would be constructed. All these roads would
provide year --round access to the subdivision.
A portion of the proposed development is in the "100-
year" floodplain. Therefore, the City of Kalispell
Floodplain Regulations would apply to that part of the
subdivision. A floodplain development permit will be
needed to develop in the floodplain of Ashley Creek. The
area that is in the floodplain is in the north and east
part of the subdivision, in Lots 10 through 16. There
does not appear to be a sufficient area to build on Lots
13, 14, and 15 outside the floodplain on these lots.
However, a letter of map amendment or the like could be
obtained to remove a sufficient area to build on. The
City of Kalispell Board of Adjustment may not approve
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v�Eiances to setbacks on these lots due to the developer
ci ating the lot configuration which included floodplain
(a self-imposed hardship). No significant negative
impact is expected.
According to the map within the Flathead County Resource
Analysis, there have been no recent earthquakes of
significant intensity in the immediate area of this
subdivision.
G. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT:
The area currently offers a limited food source to deer
and some game birds. The proposed development will
probably disrupt what little wildlife is in the area, as
would any construction. However, the construction of
this development is within an area designated for
development and is on the existing fringe of the City of
Kalispell. No threatened or endangered species are known
to inhabit the area and therefore no significant impact
is expected.
H. EFFECTS ON THE NATURAL ENVIRONMENT:
1. Water: There is -no open surface water on the site.
The developer is anticipating use of the streets
for drainage. A grading and drainage plan for the
entire development would need to be approved by the
City of Kalispell Public Works Department.
2. Topography: The proposed lot and road layout would
have no significant impact on the topography
because the site is basically flat sloping to the
northeast and Ashley Creek.
3. Vegetation: The property has been used for
agricultural purposes. There are no known
threatened or endangered plants on this property.
I. EFFECTS ON AGRICULTURE:
The development is located in an area adjacent to the
City and has been anticipated for development. While it
has been used for agricultural purposes, the proposed
development would not be a significant negative impact on
the County's agricultural resources.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL, MONTANA:
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SECTION1. That the application of Somers Land Company and
for approval of the Subdivision Plat of
Lindlief
the
Enterprises
property described in Exhibit "A" is hereby approved
subject to the following conditions:
1.
The development of this subdivision comply with the R-4
standards set forth in the City of Kalispell Zoning
Ordinance.
2.
That the subdivision obtain approval from the State
Department of Health and Environmental Sciences.
3.
All water lines, sanitary sewer, culverts, and storm
to and
sewer lines/swales shall be built according plans
approved by the City of Kalispell Public
specifications
Works Department. All water, sewer main extensions, and
storm sewer lines/swales on private property shall be
placed within suitable easements and approved by the City
of Kalispell Public Works Department.
4.
The construction of the street shall include in a 60 foot
right-of-way: 36 foot back of curb to back of curb street
improvements, sidewalk on the outside of the loop
including both sides of what was Lot 57 South Meadows and
the west line of Lot 21, street trees planted in
compliance with City of Kalispell standards; and street
lights installed in accordance with the City Subdivision
Regulations.
5.
All utilities shall be installed underground.
6.
The owner shall pay a cash -in -lieu of parkland payment
equal to 1/9 of the undeveloped market value.
7.
Placement of fire hydrants shall be approved by the City
of Kalispell Fire Department.
8.
All roads within the subdivision shall be paved to City
of Kalispell standards.
9.
Lot numbers, street addresses, and net acreage for each
lot shall be included on the face of the final plat.
10.
Documentation from the Chief of the Kalispell Fire
Department which indicates that the proposed fire
suppression facilities are adequate, shall be submitted
with the application for final plat approval.
11.
All streets shall be clearly signed in a manner
conforming to City standards.
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12. Label the remaining portion of Parcel 1K as "not a part".
13. Indicate the 100 year floodplain on the final plat.
14. That a 30 foot setback from the high water mark of Ashley
Creek be established, protected and maintained with
native vegetation.
SECTION II. The classification of said premises under the
Kalispell Zoning Ordinance shall not be changed by the action.
SECTION I11. 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 APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS —17"'_ DAY OF f}pri'1 . 1995.
ATTEST:
Debbie GIVWd, CMC
Clerk of Council
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VPAPO� r4�', 112
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EXHIBIT A
A tract of land located In the North Half of the Northeast Quarter of Section 19,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more
particularly described as follows:
Beginning at the Southwest corner of the Northeast Quarter of the Northeast
Quarter of Section 19, Township 28 North, Range 21 West; thence
South W16'25" West along the South boundary of the Northwest Quarter of the
Northeast Quarter of said Section 19 a distance of 204.94 feet to a point; thence
North OQ°o9'15" West and leaving said South boundary a distance of 500.62 feet to
a point on the approximate thread of Ashley Creek; thence the following three (3)
courses along the said approximate thread:
North 76058'16" East a distance of 40.41 feet. -
North 53°01'22" East a distance of 55.83 feet;
North 33°33'22" East .a distance of 15.02 feet; thence leaving said thread
North 89°52'45" East a distance of 112.38 feet to a point on the West boundary of
the Northeast Quarter of the Northeast Quarter of said Section 19; thence
North 89052'45" East a distance of 362.33 feet to a point; thence
South 00°09'00" East a distance of 540.10 feet to a point on the South boundary of
the said Northeast Quarter of the Northeast Quarter, thence
South 88019'53" West and along said South boundary a distance of 362.35 feet to
the place of beginning.
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