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Resolution 4586 - Preliminary Plat - Stratford Village2159 RESOLUTION NO. 4586 A RESOLUTION CONDITIONALLY. APPROVING THE PRELIMINARY PLAT OF STRATFORD VILLAGE SUBDIVISION, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A". WHEREAS, Apex 1, LLC, 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 September 12, 2000, on the proposal and reviewed Subdivision Report #KPP-00-5 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 Stratford Village 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, 2000, reviewed the FRDO Report #KPP-00-5, 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-00-5 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Apex 1, LLC for approval of the Preliminary Plat of Stratford Village 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. Phasing of the subdivision is anticipated. 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 street trees placed in accordance with a plan approved by the Parks and Recreation Director. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. 3. That the developer provide documentation that the necessary easements have been obtained granting access to the subdivision across privately owned property and that the easement encompasses the nature and intensity of the use proposed. 2160 4. That a Certificate of Subdivision Approval be obtained from the Montana Department of Environmental Quality and written approval by the Kalispell Public Works Department approving the water and sewer facilities for the subdivision. 5. A stormwater 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 an approach permit for the proposed accesses onto Denver Street and Bluestone be obtained from the Kalispell Public Works Department and any conditions or improvements associated with the permits be completed prior to final plat approval. 7. The roads 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. S. The developer shall provide a plan for mail service approved by the U.S. Postal Service. 9. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 10. That the parkland dedication requirements be met with the payment of cash in lieu of parkland of 11 percent of the unimproved value of the area devoted to lots or $24,823. The cash in lieu of parkland can be paid in conjunction with the phasing of the development based on the area in lots. 11. All utilities shall be installed underground. 12. 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. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat approval. 14. That a homeowners association be established for the maintenance of the common area based upon a pro-rata share of costs. 15. That a building envelope be delineated on the final plat indicating the required setbacks on the corner lots in the subdivision. 16. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 17. That preliminary approval shall be valid for a period of three years from the date of approval. As each phase of the plat is filed, the preliminary plat approval shall be 1 I 2161 extended an additional three years from the date of filing. SECTION III. Assessments for street trees, road maintenance and storm sewer shall only be levied upon approval of final plat of the respective phases. SECTION IV. 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, 2000. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk Exhibit A Legal Description Stratford Village Subdivision A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND IN U.S. GOVERNMENT LOT 2 ALL IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 19, INDICATED BY A FOUND 5/8" RE -BAR AND WHICH POINT IS THE TRUE POINT OF BEGINNING; THENCE S 00° 19'57"E, ON AND ALONG THE EAST BOUNDARY OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 528.96 FEET TO A FOUND 5/8" RE -BAR AND WHICH POINT LIES ON THE NORTHERLY RIGHT-O&WAY BOUNDARY OF THE BURLINGTON NORTHERN RAILROAD; THENCE N 39019'11"W, ON AND ALONG SAID NORTHERLY RIGHT-OF-WAY BOUNDARY, A DISTANCE OF 2314.91 FEET TO A FOUND 5/9" RE -BAR AND WHICH POINT LIES ON THE NORTH BOUNDARY OF SAID U.S. GOVERNMENT LOT 2; THENCE N 88" 16'27"E, ON AND ALONG SAID NORTH BOUNDARY OF U.S. GOVERNMENT LOT 2, A DISTANCE OF 133.45 FEET TO A FOUND 5/8" RE -BAR AND WHICH POINT IS THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; - THENCE N 88°22150"E, ON AND ALONG THE NORTH BOUNDARY OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER A DISTANCE OF 1324.41 FEET TO A POINT WHICH POINT IS THE CENTER NORTH ONE -SIXTEENTH CORNER OF SAID SECTION 19; THENCE S 00017'07"E, ON AND ALONG THE EAST BOUNDARY OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 1303.38 FEET TO THE TRUE POINT OF BEGINNING. THIS TRACT CONTAINS 30.652 ACRES AND SUBJECT TO AND TOGETHER WITH ALL APPURTENANCE EASEMENTS OF RECORD.