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Resolution 5154/Preliminary Plat USFSRESOLUTION NO.5154 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF U.S. FOREST SERVICE SUBDIVISION, MORE PARTICULARLY DESCRIBED AS LYING IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Goldberg Properties, Inc, on behalf of the Z.J.S. Forest Service, the lessor 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 September 19, 2006 on the proposal and reviewed Subdivision Report #KPP-06-11 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of the V.S. Forest Service Subdivision subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of October 2, 2006, reviewed the Kalispell Planning Department Report #KPP-06-11, 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 KALIS PELL, VIONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-06-11 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Goldberg Properties for approval of the Preliminary Plat of U.S. Forest Service Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. That the development of this site will be in compliance with the adopted Spring Prairie PUD and PUD agreement adopted in December 2001 as amended. (Spring Prairie PUD). 2. That the access road abutting the subdivision shall be designed and constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell. (Kalispell Sub. Regs. Section 3.01 & 3.09A). 3. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and said plan shall be reviewed and approved by the Kalispell Public Works Department. (Kalispell Sub. Regs. Section 3.12 A). 4. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for streets, water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 — 3.15). 5. A letter shall be provided from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required plans, specifications and standards. A letter from the Kalispell Public works Department stating that the required improvements have been reviewed and accepted by the city shall be submitted prior to final plat. (Kalispell Sub Regs. Sections 3.09, 3.11— 3.15). 6. Forty (40) feet of right-of-way from the centerline of Stillwater Road shall be dedicated along Stillwater Road. This additional right-of-way shall be shown on the face of final lease site map. (Findings of Fact Section D) 7. Access directly from the lease site onto Stillwater Road is prohibited. (Findings of Fact Section D) 8. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code (2003). b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003). 9. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A). 10. Development of an overall landscape plan addressing public and private street boulevards, street trees, perimeter project landscaping, parking lot landscaping and all common area landscaping shall be submitted to the Kalispell Parrs and Recreation Director and Kalispell Planning Department for approval in writing prior to installation. The plan shall address all PUD requirements. 11. The preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Sub. Regs. Section 2.04 (E)(7). 12. A note shall be placed on the final plat stating the owner waives the right to protest an SID for the upgrade of Stillwater Road to City standards. (This condition was added by the City Council at its regular meeting on October 2, 2006. The resolution was corrected to show the amendment on April 28, 2008) SECTION III. 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 2ND DAY of OCTOBER, 2006. ATTEST: q Theresa White City Clerk CONDITION #12 ADDED To CORRECTLY REFLECT COUNCIL ACTION AND SIGNED BY THE MAYOR of THE CITY OF KALISPELL THIS 28TH DAY of APRIL, 2008.