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Resolution 4651 - Preliminary Plat - Muskrat Slough2381 RESOLUTION NO. 4651 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF MUSKRAT SLOUGH SUBDIVISION, AS MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS 7N AND 70H LOCATED IN SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Tim Birk, the owner of certain real property described above, has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission held a public hearing on August 14, 2001, on the proposal and reviewed Subdivision Report #KPP-01-1 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Muskrat Slough Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of September 4, 2001, reviewed the Tri- City Planning Office Report #KPP-01-1, 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Tri- City Planning Office Report #KPP-01-1 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Tim Birk for approval of the Preliminary Plat of Muskrat Slough Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with i street trees placed in accordance with a plan approved by the 2382 4. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality and written approval by the Kalispell Public Works Department approving the water and sewage facilities for the subdivision.. S. 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 shall be reviewed and approved by the Kalispell Public Works Department. 6. That the developer obtain all necessary storm water discharge permits from the federal, state and local jurisdictions, which may have review authority over the waterway. 7. That Lots 2 and 3 be accessed from Russell Drive and that Lot 1 shall be accessed from Muskrat Drive. 8. That an easement be extended between the northern boundary of the subdivision to Kelly Road which facilitates future access to water and sewer for the remainder parcel to the east and a loop water system. 9. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual. 10. The developer shall provide a plan for mail service approved by the U.S. Postal Service. 11. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 12. That the parkland dedication requirements shall be met with cash in lieu of parkland in the amount of one ninth of the 4.90 area devoted to lots based on a value of $15,000. per acre in the amount of $8,085. 13. All utilities shall be installed underground. 14. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. 15. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 16. That a homeowners association be established for the M 2383 19. That preliminary approval shall be valid for a period of three years from the date of approval. 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 4TH DAY OF SEPTEMBER, 2001. ATTEST: Theresa White City Clerk 1 'AIM M Wm. E. Bohars z Mayor M