Resolution 4474 - NOT ACTED ON - Chokecherry Preliminary PlatRESOLUTION NO. 4474
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
ASSESSOR'S TRACT 23 A, SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, John J. and Brenda Lee Vincent and Unicore
Development, Inc., the owner of certain real property described as
Assessor's Tract 23 A, Section 8, T 28 N, R 21 W, P.M.M.,
Kalispell, Flathead County, Montana, has petitioned for approval of
the Subdivision Plat of said property, anal
WHEREAS, the proposed subdivision plat of said property is
subject to the provisions of Section 2.04 (Preliminary Plat
Process -Major Subdivision), Subdivision Regulations of the City of
Kalispell, and
WHEREAS, the Flathead Regional Development Office has reviewed
the proposed subdivision and made a report (#KPP 99-1A) to the City
Council of the City of Kalispell, said report considering the
criteria set forth in Section 76-3-608, MCA, and
WHEREAS, the City Council of the City of Kalispell has
reviewed the report of the Flathead Regional Development Office and
has found from the preliminary plat, and evidence, that the
subdivision meets the requirements of the Title 76, Chapter 3,
Montana Code Annotated, and
WHEREAS, the City Council of the City of Kalispell at its
regular Council Meeting of May 3, 1999, reviewed the FRDO Report
#KPP 99-1A, 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
Flathead Regional Development Office Report
#KPP 99-1A, are hereby adopted as the Findings
of Fact of the City Council.
SECTION II. That the application of John J. and Brenda Lee
Vincent and Unicore Development, Inc., the
owner of certain real property described as
Assessor's Tract 23 A, Section 8, T28N, R21W,
F.M.M., Kalispell, Flathead County, Montana,
is hereby approved subject to the following
conditions:
1. The condominium subdivision shall comply with the Montana
Unit Ownership Act.
2. Redesign the site plan to comply with a 20 foot setback
for primary and attached primary structures such as
garages to protect slope stability and to provide some
degree or margin of safety in the event of slope failure.
(Note: the parking requirements of the Kalispell Zoning
Ordinance at 25 spaces and The proposed 20' building
setback from the top of the bank (i.e., measured from the
edge of slopes exceeding 309.) may necessitate a reduction
in the number of dwelling units to meet the design
parameters of this site to meet this condition.)
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3. As requested by the fire chief, provide a minimum 10 foot
setback for all decks, roof overhangs and other
structures that would inhibit free access to the rear of
the lots for fire fighting access. The 20' setback area
from the top of the slope shall be shown on the revised
site plan.
4. Prior to building construction and revised preliminary
plat approval, obtain a geotechnical assessment prepared
by a licensed professional engineer finding that the site
and proposed improvements would pose no significant slope
stability hazard nor other geological hazard to the
development nor to neighboring properties. Any design and
construction measures recommended in the assessment shall
be implemented as requirements of building permit
approval and shall be noted on the revised preliminary
plat.
5. The lands within 50 feet of mean high water of the
Stillwater River slough channel and extending to the top
of the bank (sloped area exceeding 30%) shall be retained
in a natural state with no new structures, roadway,
excavation, fill, or significant removal of healthy
vegetation, except for immediate bank stabilization
measures. In addition, the area within 10 feet of the top
of the bank shall be left substantially intact to
maintain a health vegetative cover to inhibit immediate
bank erosion. These areas shall be shown, and the
restriction shall be noted, on the revised preliminary
plat.
6. The subdivision shall comply with the Kalispell Design
and Construction Standards, as approved by the Public
Works Department. Preliminary and final design standards
shall be submitted to and approved by the Public Works
department prior to construction of said improvements.
a) Install detached sidewalk on the north side of
California Street abutting the entire length of the
subdivision ownership.
b) Prepare and implement plans for drainage, erosion
control, and revegetation. Provide adequate space
for snow storage in locations that are taken into
consideration in the drainage plan.
c) Sewer and water facilities shall meet design and
improvement standards. Extend individual sewer and
water service lines from California Street to each
unit, rather than sewer and water mains.
d) Provide individual trash removal service to each
unit, rather than a common dumpster site.
7. The proposed park shall be dedicated to the City of
Kalispell prior to revised preliminary plat approval.
Execute an easement or place a note on the revised
preliminary plat allowing the City access through the
development site to the proposed park.
8. A landscape plan showing the proposed planting of trees
and shrubs on the development site shall be approved by
the City Parks Director and implemented. The plan shall
include plantings to moderately screen the development
site from the neighboring properties to the south and
west, a perimeter landscape strip at least 10 feet in
width, and of all disturbed areas.
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9. Install street trees along the north side of California
Street adjacent to the site, in accordance with a plan
approved by the City Parks Director.
10. To avoid confusion in providing emergency access, the
proposed access roadway shall not be named and the
addresses to the units shall be on California Street.
11. Provide hydrants, access, and other improvements as
necessary to comply with the Uniform Fire Code as
approved by the Kalispell Fire Chief.
12. The following notes shall be placed on the revised
preliminary plat and implemented:
a) All house numbers shall be placed to be visible
from the road, either at the driveway entrance or
on the building.
b) New utilities shall be installed underground.
SECTION III. The classification of said premises under the
Kalispell Zoning Ordinance shall not be
changed by the action.
SECTION IN. That this preliminary plat should be effective
for three (3) years following passage of this
Resolution.
SECTION V. 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 OF THE CITY OF KALISPELL AND SIGNED BY
THE MAYOR THIS 3 DAY OF MAY, 1999.
ATTEST:
Theresa White
City Clerk
Wm. E. Boharski
Mayor
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