Resolution 4865 - Preliminary Plat - Orchard VillageRESOLUTION NO.4865
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
ORCHARD VILLAGE, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACT
15 LOCATED IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, Orchard Village LLP, 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
February 10, 2004, on the proposal and reviewed Subdivision Report #KPP-04-1
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 Orchard Village, subject to certain conditions and
recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of March 1,
2004, reviewed the Tri-City Planning Office Report #KPP-04-1, 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-04-1 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application. for Preliminary Plat approval of Orchard Village,
Kalispell, Flathead County, Montana is hereby approved subject to the
following conditions:
That the development of the site shall be in substantial compliance with application submitted,
the site plan, covenants, elevation drawings, materials and other specifications as approved by
the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat)
2. That the plans and specifications for all public infrastructure be designed and installed in
accordance with the Kalispell Design and Construction Standards and a letter shall be obtained
stating that they have been reviewed and approved by the Kalispell Public Works Department.
(Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01).
3. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A.
Fire hydrants shall be provided per City specifications at locations approved by this department
prior to combustible construction. All house numbers shall be visible from the driveway
entrance and clearly posted on each of the buildings. (Kalispell Subdivision Regulations,
Section 3.20).
4. That a letter be obtained from the Kalispell Parks and Recreation Department stating that the
landscape plan has been reviewed and approved for the placement of trees and landscaping
materials within the development. (Kalispell Subdivision Regulations, Section 3.11).
That the approximately 0.389 acre area designated on the plat as "park" shall be developed to
provide recreational amenities and shall be privately owned an maintained. This park area
satisfies the parkland dedication requirements. (Kalispell Subdivision Regulations. 3.19).
6. The internal road within the parking lot shall be 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. (Kalispell Subdivision
Regulations, Section 3.09).
7. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22),
8. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
3.09(L)).
9. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
10. That issues related to the 100 year floodplain that lies to the west be adequately addressed prior
to construction on Lot 14 in the southwest quadrant of the site. (Kalispell Subdivision
Regulations, Section 3.05).
11. That sidewalks be placed on the south side of Appleway Drive that area minimum of five feet
wide and separated by a minimum live foot landscape buffer. Placement of street trees and
landscape materials shall be coordinated with the Kalispell Parks and Recreation Director.
(Kalispell Subdivision Regulations, Section 3.11)
12. That a provision be made for the use and maintenance of common elements within the
subdivision by way of a maintenance agreement or within the covenants for the subdivision.
13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
15. That preliminary plat approval shall be valid for a period of three years from the date of
approval with an automatic two-year extension as each phase of the subdivision plat has been
completed and filed. (Kalispell Subdivision Regulations, Section 2.04).
SECTION 111. 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 1ST DAY OFF AR H, 2004.
jf
Pamela B. Kenn y
ATTEST: Mayor
f
I'li
eresa White
City Clerk