Resolution 4183 - Preliminary Plat - Sunrise View943181 3/0
RESOLUTION NO. 4183
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE SUBDIVISION OF
PARCEL 2K IN THE NEI/4 OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22
WEST ■ P . M . M . , FLATHEAD COUNTY, MONTANA .
WHEREAS, Charles Keller, the owner of certain real property
described as Parcel 2x in the NE1/4 of Section 1, T28N, R22W,
Flathead County, Montana, further described in Exhibit "A", has
petitioned for approval of a subdivision of said property, and,
WHEREAS ■ the proposed subdivision is subject to the provisions
of Section 2.21 Subdivision Regulations of the City of Kalispell,
and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission held a public hearing on September 13, 1994, on the
proposal and reviewed Subdivision Report #KPP-94-03 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
Parcel 2K in the NE 114 of Section 1, T2 8N, R22W, subject to Certain
°A conditions and recommendations, and
WHEREAS the City Council of the it `
. y C City of Kalispell at its
regular Council Meeting of October 17, 1994, held a public hearing,
after due and proper notice; reviewed the FRDO Report #KPP-94-03,
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 faster Plan designates this area for
high density residential development which permits a maximum
of 40 units per acre. The subdivision proposes a density of
6 units per acre.
B. COMPLIANCE WITH ZONING REGULATIONS:
The subdivision meets the requirements of the R-4 zoning
designation.
C. COMPLIANCE WITH SUBDIVISION REGULATIONS:
The subdivision does not meet the Kalispell Subdivision
Regulation. The maximum length of a cul-de-sac in the City is
1
Fin
600 feet, the developer proposes a permanent cul-de-sac of
approximately 1,000 feet.
D. PUBLIC SERVICES AND FACILITIES
1, water.0 water would be supplied by the city. The
cost of any extensions of mains and tie-ins would
be borne by the developer,
2. Sewer: Sewer would be supplied by the city. A
lift station exists on the east side of Highway 93,
The cost of connection into the City's mains would
be borne by the developer.
3. Public Utilities: Other public utilities such as
telephone and electricity are in the immediate
vicinity,
4, Schools: The creation of thirty-six (36) units
could be expected to generate anywhere from 30 to
50 school -age children, again depending on the
scale of development proposed and the types of
families attracted to this area. The project is
anticipated to have an impact on the local school
system, as the nearby school is already at
capacity.
5. Parks and Recreation: State law provides that 1/9
of the undeveloped value of the land be designated
for park land, In this case the applicants have
proposed and would be required to pay a cash -in -
lieu of park land payment of 1/9 of the undeveloped
value of the land. The applicant puts the site's
market value at $95,000. One -ninth of this value
would be $10,555.
6. Police Protection: The site is within the
Kalispell Police Dept. jurisdiction, Response time
will be within acceptable standards and the area
can be serviced.
7. Fire Protection: The subdivision is presently
within the Kalispell City Fire Department
jurisdiction, Response times will be within
acceptable standards.
8. Roads: This 18-lot Subdivision is proposed to be
served by a cul-de-sac with a length of 1,000 feet
which is in excess of the City Subdivision
Regulations (600 feet maximum permitted). This is
not considered acceptable by the city. In
addition, the city has .indicated that Parkway Drive
2
(to the south of the site) is to continue north
into this site. The design of Parkway Drive
indicates that to be the case; it essentially dead
ends into the church property. It is therefore
recommended that the cul-de-sac remain as a
temporary measure, and the road be extended to the
south terminating at the south property line of
this subdivision, This extension would provide for
the connection of Parkway Drive to the south with
the internal road of this subdivision allowing for
secondary access of this subdivision. The cul-de--
sac would effectively be temporary.
In addition, the road has been indicated to be
private and named college view. The City requires
dedication of the streets and construction to its
standards within its jurisdiction. Since this road
would be an extension of Parkway Drive it is
recommended that the road be named such.
7. Solid waste: Kalispell municipal garbage pickup is
available and can handle the increased demand in
�r �r
service .
8. Public Health Services: Adequate medical
facilities exist within the city of Kalispell to
address any reasonable need.
E . COVENANTS
The applicant has submitted with the application a
proposed declaration of covenants, conditions and
restrictions. This document describes homeowner's
association membership, use and maintenance of the
property, and architectural control standards.
F . EFFECTS ON PUBLIC HEALTH AND SAFETY
The effects and/or impacts of 18 duplex lots at this
location is expected to be minimal relative to public
health and safety. This subdivision, upon annexation,
will be within the jurisdiction of the Kalispell Police
and Fire Departments. Emergency medical support is
located nearby at Kalispell Regional Hospital. The
proposed lots are on property well --suited to accommodate
residential development. Access to the site is available
via Four Mile Drive, a county road.
G. EFFECTS ON WILDLIFE AND WILDLIFE HABITAT:
The subject property lies in an area which is residential
in character; there appears to be no residual wildlife
3
habitat of significant value remaining on the site.
He EFFECTS ON THE NATURAL ENVIRONMENT:
The proposed subdivision should have minimal impacts on
the natural environment. The site exhibits no unusual
topographic features, nor are there critical plant
communities present.
I. EFFECTS ON AGRICULTURE,
The site is currently a field and is located within the
urban fringe of Kalispell and is not considered suitable
or desirable agricultural land.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KAL I S P E LPL , MONTANA :
SECTION I. That the application of Charles Keller for
approval of the Subdivision Plat of Parcel 2X in the NE.1/4 of
Section 1, Township 28 Forth, Range 22 west, P.M.N., Flathead
County, Montana, further described in Exhibit "A".. is hereby
approved subject to the following conditions:
1. Comply with the City of Kalispell. Zoning ordinance.
2. Comply with the City of Kalispell Subdivision
Regulations.
3. Rename college View court to Parkway Drive. Extend
Parkway Drive to the south from the end of the cul-de-sac
to the south property line leaving the cul-de-sac radius .
Redesign the inside corner of that road so as to provide
a smooth curve or as directed by the City's Director of
Public works.
4 . The subdivision obtain approval from the State Department
of Health and Environmental Sciences.
5. The final plat be substantially in accordance with the
Preliminary Plat except as modified by conditions
contained herein.
6. The developer pay a cash -in -lieu fee of 1/ 9 the
undeveloped market value of the property. That is 1/ 9 of
$95,000 = $10,5550
7. All water lines and sewer mains shall be built according
to plans and specifications approved by the City of
Kalispell Public works Department. All water and sewer
main extensions onto private property shall be placed
within suitable easements.
4
1
8. A storm water drainage plan prepared by a licensed
engineer shall be submitted to and approved by the City' s
Public works Department.
9 , Placement of fire hydrants shall be approved by the City
of Kalispell Fire Department.
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 Iy. 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 KAL I S PELL THIS 17 th DAY OF October f 19 9 4 .
ATTEST
CM
Debbie Giff C.M.C.
Clerk of Council
5
/■ ■ �1 Rauthe, Mayor
993se 1q31D
E%HIBIT "A"
A tract of land in Government Lot 1 of Section 1, Township 28
North, Range 22 hest, M.P.M., Flathead County, Montana,
described as follows:
Beginning at the intersection of the Southerly line of a County
Road and the Westerly line of U.S. Highway No. 93; thence
along the Southerly line of the County Road
North 89°37' 30" West a distance of 219.76 feet to a point;
thence
North 005912211 West a distance of 8.88 feet to a point; thence
North 8905114411 'hest a distance of 187.45 feet to a point;
thence
Yorth 890521421..' Nest a distance of 403.047 feet to the Northwest
corner of that parcel shown on Certificate of Survey No.
6761, which point is on the Southerly line of a County Road,
and which point is the True Point of Beginning; thence along
the Southerly line of the County Road
South 89 0 52 142" East a distance of 60,00 feet to a point! thence
leaving the Southerly line of the road
South 0°20' 3011 Kest a distance of 231.00 feet to a point; thence
South 89048' 3411 East a distance of 750.84 feet to the Westerly
line of U.S. Highway No, 9 3 ; thence along the Westerly line
of the Highway
South 002111211 West a distance of 307.32 feet to a point; thence
North 891D57' {4011 Nest a distance of 407.33 feet to a point;
thence
North 8905114811 Nest a distance of 403.45 feet to a point;
thence
North 002012911 East a distance of 539.71 feet to the point of
beginning.
Parcel B of Certificate of Survey No. 7966.
November 1, 1994
I, Debbie Gifford, the undersigned, Clerk of the Council of the
City of Kalispell, certify that the foregoing is a true and correct
copy ot.Resolution 4183, adopted by motion by the City Council of
the City of . .
Kalispell at City Hall on October 17, 1994.
ad
Q-bb 1 e G1 CM
I��...gl_ISpel of Council
4. a..:.*
R
3Jt�{