Resolution 4214 - Preliminary Plat - Marketplace Phase III1063
RESOLUTION NO. 4214
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE SUBDIVISION OF
KALISPELL MARKET PLACE, PHASE III, OF ASSESSORS TRACT 2A IN THE
SE1/4 OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, Darrel Martin and James Chase, the owners of certain
real property described as Assessors Tract 2A in the SE1/4 of
Section 7, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana, have 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. MASTER PLAN:
The requested subdivision is in conformance with the Kalispell
City/County Master Plan designation of Commercial. Center
Street is designated as an Arterial and 1st and 3rd are
designated as Collectors.
B. EFFECTS ON PUBLIC HEALTH AND SAFETY:
The effects and/or impacts of creating three (3) commercial
lots is expected to be minimal relative to public health and
safety since they have good exposure to City facilities
including roads. 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 known significant
natural hazards. The property is flat and not within a
designated floodplain. However, since this property is
expected to redevelop, the creation of these property lines
could impact utilities, access, and parking due to trespass
conflicts and maintenance. A cross access and parking
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agreement and utility easements should be created. Approval
of the request to waive the installation of sidewalks is
appropriate at this time. Staff feels that sidewalks would be
more appropriately installed when Center Street is
reconstructed to its full right-of-way or when the lots are
redeveloped, as need be.
C. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT:
The site is within the city limits of Kalispell and in a state
of transition with little residual wildlife. The property is
zoned for commercial development and has been partially
developed as such.
D. EFFECTS ON THE NATURAL ENVIRONMENT:
The property exhibits no unique natural features. The lots
are flat and have no unusual or significant plant communities
associated with them. These lots have already been committed
to development by previous approvals. There will be no
additional impact on the natural environment.
E. EFFECTS ON LOCAL SERVICES:
Sc ools: Because of the type of commercial development to
take place, no impact is expected.
Parks and Recreation: This project is commercial and exempt
from parkland dedication or in -lieu fee.
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 Center Street, and 1st and 3rd
Avenues EN, all City streets. Center Street is a designated
Arterial and carries commercial traffic. This road is only
currently dedicated at 50 feet and constructed/striped for two
lanes of traffic. As an arterial it would be expected that,
in the future, when the need arises additional right-of-way
would be necessary to upgrade it to reflect its potential
carrying capacity. The property currently has a 20 foot
utility easement along the southern boundary
of the to be property,
it has been indicated on the preliminary p
lat available
for future dedication/acquisition. This is very important
s h on the
the future of Center Street and should appear as
Final Plat. In addition, the Kalispell Area Transportation
Plan indicates that a Collector street would connect 7th
Avenue EN with 3rd and 4th Avenues EN, this would also
increase the traffic on Center Street.
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1st and 3rd Avenues EN are both designated as Collectors and
serve as such, at this time no additional right-of-way is
anticipated for those roads.
Water. Sewer, and Utilities: The property is served by
existing adequate utilities. Utilities easements should be
created to serve each lot with the appropriate utility.
Public Health Services: Existing medical facilities in
Kalispell will be able to accommodate the medical needs and
emergencies of this subdivision.
F. 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 Darrel Martin and James
Chase for approval of the preliminary plat of Kalispell Market
Place, Phase III, of Assessors Tract 2A in the SE1/4 of
Section 7, T28N, R21W, P.M.M., Flathead County, Montana is
hereby approved subject to the following conditions:
1. Create cross access and parking agreements, this includes
access from 1st Avenue East to 3rd Avenue East.
2. Sidewalks are waived until such time as the additional
right-of-way for Center Street is acquired.
3. Create utility easements for and obtain approval from the
respective utility companies.
4. Obtain approval from the City's Public Works Department
for sewer and water connections/easements.
5. Indicate on the final plat a 20' reservation of right of
way for the widening of Center Street.
6. 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.
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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 (cl4'` DAY OF 1995.
Douglaoj D. Raut e, Mayor
ATTEST:
Debbie4Gi , MC
Clerk uncil
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