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Resolution 6017 - Preliminary Plat - Northland Ph 2, Lot 52RESOLUTION NO.6017 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF NORTHLAND PHASE 2, LOT 52, LOCATED AT 176 PARKRIDGE DRIVE IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Kalispell Public Schools Student Built Homes, LLC, the owners of the certain real property described above, have 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 March 9, 2021, on the proposal and reviewed Subdivision Report #KPP-21-01 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Northland Phase 2, Lot 52, subject to certain conditions and recommendations; and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of April 5, 2021, reviewed the Kalispell Planning Department Report #KPP-21-01, 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 1. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-21-01 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of Kalispell Public Schools Student Built Homes, LLC for approval of the Preliminary Plat of Northland Subdivision Phase 2, Lot 52, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. 2. All applicable conditions within Ordinance 1495 (Northland PUD) shall apply. 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. 4. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. 5. Sewer service will be provided by the City of Kalispell with an extension of an existing sanitary sewer main within Parkridge Drive or alternatively within Barron Way. Due to depth issues and the location of the terminus of the main, there may need to be a reconstruction of a segment of the existing line. Final plat of this subdivision shall not be granted until an appropriate extension is constructed and accepted by the City. 6. The sewer main extension shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the sewer main has been built and tested as designed and approved. 7. The developer shall submit sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 8. If necessary, the developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 9. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. 10. All easements and/or rights -of -way shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 11. A letter from the Kalispell Fire Department approving the access, placement of any fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. 12. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature 13. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 14. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The assessments levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 15. The newly created lot shall be incorporated into the homeowner's association (HOA) in order to provide for access to the park and maintenance of the common areas. 16. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 17. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 18. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 19. The street name shall be corrected on the final plat. 20. No building permits shall be issued on the property until the final plat has been recorded. The sanitary sewer main must be installed and approved prior to final plat. A final plat application must be submitted at least thirty (30) days prior to the City Council meeting when it will be considered. SECTION 3. 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 5TH DAY OF APRIL, 2021. ATTEST: 414 Aim e Brunckhorst, CMC City Clerk Mark c�cl I� M Ham - Couvlc;l —Prts.-da.. * SEAL 1892 • V'• X. 10 .%QN-Ot