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
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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-
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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
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