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Resolution 4822 - Preliminary Plat - Raven Rock SubdivisionRESOLUTION NO.4822 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF RAVEN ROCK SUBDIVISION, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 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 Planning Board and Zoning Commission held a public hearing on July 8, 2003, on the proposal and reviewed Subdivision Report #KPP-03-8 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Raven Rock Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of August 4, 2003, reviewed the Tri-City Planning Office Report #KPP-03-8, 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-03-8 are hereby adopted as the Findings of Fact of the City Council. SECTION 11. That the application of Tim Birk for approval of the Preliminary Plat of Raven Rock Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: I . 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 except as modified by the conditions listed herein. 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 streets. 3. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. 4. 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. 5. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation director. 6. 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. 7. The proposed two accesses onto North Riding Road be consolidated into one access that aligns with the undeveloped subdivision road that lies immediately to the west in Northview Subdivision. 8. That secondary access be coordinated through the Kalispell Fire Department and that a letter approving the access be submitted with the final plat. The fire access and suppression system shall comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the primary and secondary access as well number, placement and fire flows for 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. Any necessary easements, agreements or permits required for secondary access shall be submitted with the final plat. 9. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department and Montana Department of Transportation. 10. 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 and be subject to review and approval of the Kalispell Fire Department. 11. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. 12. That the parkland dedication requirements shall be met by paying cash in lieu of parkland dedication in the amount one -ninth or 11 percent of the area in lots or 0.70 acres. The cash in lieu of parkland dedication shall be based on the purchase price of $18,000 and the amount to be paid at the time of final plat approval shall be $12,600, 13. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 14. That the lots within the subdivision be reconfigured so that all lots meet the minimum 50-font lot width requirements of the R-3 and RA-1 zoning districts and the minimum lot size requirements of 6,000 square feet exclusive of any easements. 15. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision shall be completed prior to final plat submittal. With the filing of the final plat for each phase, an additional three-year extension shall be automatically granted for subsequent phases. 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. 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 AUGUST, 2003. Pamela B. enne Mayor ATTEST: Theresa White City Clerk EXHIBIT A TIM BIRK j RAVEN ROCK SUBDIVISION LEGAL DESCRIPTION FOR ANNEXATION The land referred to in this policy is situated in the State of Montana, County of Flathead and is described as follows: A tract of land located in the Southeast 1/4 of the Southwest 1/4 of Section 1 Township 28 North, Range 22 West, P.M,M*, Flathead County, Montana, being more particularly described as follows: Commencing at the South 1/4 corner of Section 1, Township 28 North, Range 22 West, p.M.M., thence North 00*021220 East a distance of 47.33 feet to the North right-of-way of Three Mile Drive and the Point of Beginning; thence South 89*34,121 West along said right-of-way, a distance of 568.33 feet; thence North 01'54159" West along said right-of-way, a distance of 10.00 feet; thence South 88'35'370 West along said right-of-way, a distance of 34.59 feet; thence North 04'16'13" East a distance of 625.73 feet; thence South 82*43,300 East a distance of 571.30 feet to the East line of the Southeast 1/4 of the Southwest 1/4 of said Section 1; thence South 01'02'11" West along said East line, a distance of 556.62 feet to the Point of Beginning, Retracement Certificate of Survey No. 11421. According to the Flathead County tax rolls the property address for the insured description is as follows: 233 3 Mile Drive, Kalispell, Montana 59901.