Loading...
Resolution 4249 - Preliminary Plat - Teton TerraceRESOLUTION NO. 4249 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE AMENDMENT OF PORTA VILLA #3, LOT 6, FLATHEAD COUNTY, MONTANA. WHEREAS, the City of Kalispell, the owner of certain real property known as Teton Terrace and more particularly described as the Amendment of Porta Villa #3, Lot 6, 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 Kalispell City -County Planning Board and Zoning Commission held a public hearing on November 14, 1995, on the proposal and reviewed Subdivision Report #KPP-95-04 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 the Amendment of Porta Villa 01, Lot 6, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of January 2, 1996, held a public hearing, after due and proper notice; reviewed the FRDO Report #KPP-95-04, 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 findings upon the following findings of fact: A. 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. B. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT: The site is 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. C. EFFECTS ON THE NATURAL ENVIRONMENT: This site would not pose any known impact on the environment because this property is basically flat; development is connecting to City services so no groundwater contamination should occur. No significant negative effect is expected. D. EFFECTS ON LOCAL SERVICES: School: The residential project is within the jurisdiction of School District #5. Upwards to 26 school age children might be associated with the project. At complete buildout, this will have an effect on the already crowded schools of this District, and may provide added impetus to build an additional school in the District. Parks and Recre t =* The proposed improvements to the tot - lot do not qualify for the dedication of parkland or paying the in -lieu fee. A cash in -lieu of parkland dedication fee of 11% of the value of the property before improvements would need to be paid at the time of Final Plat. That fee would be 11% of $140,000 which equals $15,400. police Protection: The Kalispell Police Department can adequately respond to emergency situations at this location. 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. Water: City water would be extended into this property. Sufficient capacity exists. ewe : City sewer would be extended into this property. Sufficient capacity exists. Storm Water: a 10 foot drainage easement exists along the western boundary of the project. This would be used for storm water conveyance. Solids e: The City.,would provide refuse removal. The existing landfill should be able to accommodate the anticipated generation of solid waste from this development. Roa s: Teton Avenue and Iris Court would be built and maintained as a City street. This road is being proposed as a 50 fQot right-of-way with 36 feet of roadway improvement. E. EFFECTS ON AGRICULTURE: The area is within the urbanizing area of Kalispell. The property had been used for agricultural/pasture types of use 2 .y r -.2 4 1 in the past but not recently. Development of this property would connect to City services so no impact of water availability to the farmers should exist. No significant negative impact is expected. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the application of the City of Kalispell for approval of the preliminary plat of Teton Terrace, more particularly described as the Amendment of Porta Villa Number 3, Lot 6, Flathead County, Montana is hereby approved subject to the following conditions: 1. Development of this property shall be in substantial conformance with the approved Conditional Use Permit site plan and Preliminary Plat. 2. Approval of Teton Terrace supersedes any approval for previous subdivisions at this location. 3. The development shall comply with all subdivisions and zoning ordinance requirements. 4. 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. 5. The subdivision shall be approved by the State Department of Environmental Quality. 6. The applicant shall install a mailbox location in conformance to a 'plan approved by the U.S. Postal Service. 7. The developer shall provide a minimum 60-foot right--of- way for Teton Avenue and a minimum 50-foot right-of-way for Iris Court with improvements to allow for parking on both sides, curb, gutter, sidewalks, and street lights in accordance with the Design and Construction Standards adopted by the City. B. Cash -in -lieu fee of $12,166 be paid to the City for park land. 9. The Covenants be created describing the homeowner's association membership, architectural standards, use and maintenance of the property (open space, driveways, tot- 3 lot, etc.), and maintenance of the sidewalks. In addition, it should include the City Council as the approving authority for any amendments (as well as the homeowners association). 10. 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 1/26 of the area contained in the common area indicating it as such for taxation purposes. 11. All utilities shall be installed underground. 12. A storm water drainage plan be submitted to and approved by the City's Public Works Director. 13. Fire hydrants shall be placed in accordance with a plan approved by the City's Fire Chief. 14. The Conditional Use Permit shall terminate with the termination of the preliminary plat if commencement of the project has not'begun. Any extension of time granted the preliminary plat shall extend the conditional use permit. 15. The preliminary plat shall expire (3) years from the date of Council approval. One one-year extension may be granted by Council; any request for extension must be submitted a minimum of 30 days prior to expiration. 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 three (3) years 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 IiALISPELL THIS 2-tll DAY OF u , 1996. Dougla D. Rauthe, Mayor ATTEST: cry)C Clerk �-of it 4