Resolution 5908 - Preliminary Plat - Cottage GardensRESOLUTION NO.5908
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF COTTAGE
GARDENS SUBDIVISION, MORE PARTICULARLY DESCRIBED AS TRACTS 1A AND 1AC
IN THE SOUTHWEST QUARTER AND SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP
28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Bruce Wiederspiel, the prospective owner of the certain real property described above,
has petitioned for approval of the Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
December 11, 2018 on the proposal and reviewed Subdivision Report #KPP-18-09 issued
by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of
the Preliminary Plat of Cottage Gardens Subdivision subject to certain conditions and
recommendations; and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of January 7,
2019, reviewed the Kalispell Planning Department Report #KPP-18-09, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-18-09 are hereby adopted as the Findings of Fact of the City Council.
SECTION 2. That the application of Bruce Wiederspiel for approval of the Preliminary Plat of
Cottage Gardens Subdivision, Kalispell, Flathead County, Montana is hereby
approved contingent upon approval of Ordinance No. 1818 on second reading
and subject to the following conditions:
Conditions:
The development of the site shall be in substantial compliance with the application submitted, the
site plan, materials and other specifications as well as any additional conditions associated with
the preliminary plat as approved by the city council.
2. The preliminary plat approval shall be valid for a period of three years from the date of approval.
3. The developer shall submit to the Kalispell Public Works Department for review and approval a
storm water report and an engineered drainage plan that meets the requirements of the current city
standards for design and construction. Storm sewer mains shall be located within the right-of-way
of the paved road surface. Prior to final plat, a certification shall be submitted to the public works
department stating that the drainage plan for the subdivision has been installed as designed and
approved.
4. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/sediment control plan for review and approval and a copy of all documents submitted to
Montana Department of Environmental Quality for the General Permit for Storm Water
Discharge Associated with Construction Activities.
The developer shall submit water and sanitary sewer plans, applicable specifications, and design
reports to the Kalispell Public Works Department and the Montana Department of Environmental
Quality for concurrent review, with approval of both required prior to construction. Water and
sewer mains shall be located entirely within the right-of-way of the paved road surface.
6. The developer shall submit the street design to the Kalispell Public Works Department for review
and approval prior to construction. Street designs shall meet the city standards for design and
construction.
7. Mountain Vista Way shall have an east -west pedestrian crossing between Lots 2 and 37. Cottage
Way shall have an east -west pedestrian crossing between Lots 24 and 29. This is in addition to
the pedestrian crossings shown on the submitted plans.
8. A minimum 20-foot landscape buffer zone shall be established as shown on the preliminary plat.
The 20-foot buffer zone shall include a paved bike and pedestrian path 10-feet wide, comply with
AASHTO standards for bike and pedestrian paths, and integrate into the existing path along
Three Mile Drive. The buffer strip shall also include landscaping. These improvements shall be
coordinated with the Kalispell Public Works and Parks and Recreation Departments.
9. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been
accepted for unfinished work.
10. The developer shall obtain an approach permit from the Montana Department of Transportation
(MDT) for approaches onto Three Mile Drive. If any improvements are necessary at the
intersection of the roadways, these improvements shall be completed to the satisfaction of the
MDT prior to final plat and MDT shall so certify this in writing to the city.
11. All existing and proposed easements shall be indicated on the face of the final plat. A letter from the
Kalispell Public Works Department shall be obtained stating that the required easements are being
shown on the final plat.
12. The following statement shall appear on the final plat: "The undersigned hereby grants unto each
and every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the
right to the joint use of an easement for the construction, maintenance, repair, and removal of their
lines and other facilities, in, over, under, and across each area designated on this plat as "Utility
Easement" to have and to hold forever."
Developer's Signature
13. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The mail
delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site
and improvements shall also be included in the preliminary and final engineering plans to be
reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or
proposed boulevard area.
14. A 310 permit shall be obtained from the Montana Department of Natural Resources and
Conservation — Conservation District Bureau, for any disturbances/and or improvements adjacent
to Spring Creek.
15. A homeowner's association (HOA) shall be formed and established for the common area prior to
final plat. The HOA should include provisions for the maintenance of all common areas including
the storm water pond, riparian area, park and trail along Three Mile Drive.
16. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape
plan for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision. The approved landscape plan shall be implemented or a cash in
lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks
and Recreation Department.
17. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed
prior to final plat submittal.
18. All utilities shall be installed underground.
19. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
SECTION 3. 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 SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 7TH DAY OF JANUARY, 2019.
Mark Johnso�)
Mayor
ATTEST:
KAL
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Aimel Brunckhorst, CMC = SEAL
City Clerk
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