Resolution 4742 - Preliminary Plat Approval - Sunnyside SubdivisionRESOLUTION NO. 4742
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
SUNNYSIDE SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S
TRACT 8 IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, Owl Corporation, the owner of 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 10, 2002, on the proposal and reviewed Subdivision Report #KPP-
02-6 issued by the Tri-City Planning Office, and
WHEREAS, at the Kalispell City Planning Board and Zoning Commission meeting, a motion
to approve the Preliminary Plat of Sunnyside Subdivision failed on a 3-3 tie vote,
and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of October
7, 2002, reviewed the Tri-City Planning Office Report #KPP-02-6, 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 I. That the Findings of Fact contained in Tri-City Planning Office
Report #KPP-02-6 are hereby adopted as the Findings of Fact of the
City Council.
SECTION II. That the application of Owl Corporation for approval of the
Preliminary Plat of Sunnyside 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 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 a letter be obtained from the Kalispell Public Works Department approving the water,
sewer and drainage facilities for the subdivision.
4. 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.
That the developer obtain a letter from the Flathead County Road Department approving
the intersection of the internal subdivision roads and Sunnyview Drive certifying that any
necessary improvements have been completed.
6. 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 and be subject to review and approval of the Kalispell Fire Department.
The developer shall provide a letter from the U.S. Postal Service approving the plan for
mail service.
Street lighting shall be located within the subdivision and shall be shielded so that it does
not intrude unnecessarily onto adjoining properties.
That the parkland dedication requirements shall be met by paying cash -in -lieu of parkland
dedication in the amount of one ninth of the area devoted to lots or approximately 0.82
acres, based on a value of $10,000 per acre in the amount of $8,197.
10. All utilities shall be installed underground.
11. 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 as well as fire flows and access 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.
12. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
13. All areas disturbed during development of the subdivision shall be re -vegetated with a
weed -free mix immediately after development.
14. A traffic study be prepared at the developer's expense assessing the impacted area to
identify current conditions, the impacts of the proposed development on the roadways
in the area and to identify mitigation. Mitigation shall be coordinated with Kalispell
Public Works with such costs borne by the developer.
15. That preliminary approval shall be valid for a period of three years from the date of
approval.
SECTION I1I. 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 OCTOBER, 2002.
i
Pamela B. Kennedyv
Mayor _...
ATTEST:
Theresa White
City Clerk