Resolution 4547/Preliminary PlatRESOLUTION NO. 4547
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
APPLEWAY OFFICE COMPLEX, LOCATED ON THE NORTH SIDE OF APPLEWAY
DRIVE AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A".
WHEREAS, Appleway Development Company, Stanley W. Pine, and Marie
M. Sterner, the owners 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 March 14, 2000, on
the proposal and reviewed Subdivision Report #KPP-00-2
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 Appleway Office Complex, subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular
Council Meeting of April 3, 2000, reviewed the FRDO
Report #KPP-00-2, 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-00-2 are hereby
adopted as the Findings of Fact of the City Council. .
SECTION II. That the application of Appleway Development
Co. for approval of the Preliminary Plat of Appleway Office
Complex, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
1. The subdivision shall be in compliance with the
preliminary plat, which shall govern the location of the
buildings, the parking lot and access, which was reviewed
and approved by the planning board and city council.
2. The developer shall obtain a Certificate of subdivision
Approval from the Montana Department of Environmental
Quality and obtain a letter from the Kalispell Public
Works Department, which states that the water and sewer
facilities have been reviewed and approved for compliance
with the City of Kalispell's Design and Construction
Standards.
3. The developer shall install a five foot sidewalk on the
north side of Appleway Drive adjoining the property
boundary with a minimum five foot landscape buffer and
file a waiver to protest an SID and a petition to create
an SID for the future upgrade of Appleway Drive including
curb, gutter, storm drainage and roadway pavement.
4. That cross easement agreements be granted through the
covenants or accomplished by a note on the face of the
final plat granting access to all lots within the
J
n
1
2099
subdivision by way of the internal road and utility
easements indicated on the plat.
S. That covenants or a common maintenance agreement be filed
with the final plat which provides for a mechanism for
the maintenance of all common elements of the development
including but not limited to parking and roadway
maintenance as well as the landscaped areas.
6. That an engineered storm water management utilizing on -
site retention methods and in accordance with the
Kalispell Design and Construction Standards be reviewed
and approved by the Kalispell Public Works Department
prior to final plat approval.
7. That a floodplain development permit be obtained from the
Kalispell Floodplain Administrator prior to any fill work
or activity within the 100 year floodplain including the
proposed bridge across Bowsers Spring Creek.
8. That a letter be obtained from the Kalispell Fire
Department approving the fire access and suppression
system for compliance with the Uniform Fire Code.
9. That a landscape plan be reviewed and approved by the
Kalispell Parks and Recreation Department and coordinated
as the phases are constructed.
10. That the placement and location of the driveways be
reviewed and approved by the Kalispell Public Works
Department.
11. That all new utilities be placed underground and that a
letter from the utility companies providing services be
submitted with the final plat stating that utilities are
available to the lots within the subdivision.
SECTION III. This Preliminary Plat approval shall be valid
for a period of three (3) years from the date
of approval.
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 17TH DAY OF APRIL, 2000.
Wm. E. Boharski
Mayor
ATTEST:
T eresa White
City Clerk
2100 EXHIBIT A
LEGAL DESCRIPTION
Deloris/Pine/Stemer - Annexation and Initial Zoning
Deloris Group (Tract IBA)
Commencing at the Southeast Section corner of said Section 12; thence South 89° 16109" West, on
and along the South boundary of said Southeast Quarter of Section 12, a distance of 902.52 feet to
a point; thence North 00°37'03" East, a distance of 30.00 feet to a point which lies on the North
boundary of a 60 foot road known as Appleway Drive, and which point is the True Point of
Beginning; thence continuing North 00"37103" East, on and along the West boundary of a tract of
land described in Book 638, Page 476, records of Flathead County, a distance of 630.00 feet to a
point which lies on the South boundary of a tract of land described in Book 730, Page 457, records
of Flathead County; thence South 89° 16'09" West, on and along said South boundary of a tract of
land described in Book 730, Page 457, a distance of 66.00 feet to a point which point is the Northeast
comer of a tract of land described in Book 679, Page 767, records of Flathead County; thence South
00°37'03" West, on and along the East boundary of said tract of land described in Book 679, Page
767, a distance of 630.00 feet to a point which lies on said North boundary of a 60 foot road known
as Appleway Drive; thence North 89° 16'09" East, on and along said North boundary of Appleway
Drive, a distance of 66.00 feet to the True Point of Beginning.
Pine (Tract 113)
Commencing at the southeast corner of the southeast Quarter of Section 12, Township 28 North,
Range 22 West, P.M.,M., Flathead County, Montana, which is a found brass cap on the centerline
of a 60 foot county road known as Appleway Drive; Thence along the south boundary of said
Southeast 1/4 and along said centerline South 89°1629" West 902.53 feet; Thence leaving said
centerline North 00°37'03" East 30.01 feet to a found iron pin and THE TRUE POINT OF
BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence continuing North
0003703" East 526.98 feet to the approximate thread of Spring Creek; Thence along said thread the
following courses: South 36006153" East 15.43 feet; South 34029155" East 18.83 feet; South
71 °36141" East 130.46 feet; South 751102'04" West 22.38 feet; South 80049'07" East 14.76 feet;
North 73 °41'43" East 20.13 feet, North 85058'01" East 49.11 feet; South 80° 18'30" East 76.32 feet;
South 00° 19'32" West 9.77 feet; South 41 °02'24" East 8.60 feet; Thence leaving said thread South
00°3703" West 425.53 feet to a found iron pin on the northerly right-of-way of said Appleway Drive;
Thence along said right-of-way South 89° 16129" West 330.00 feet to the Point of Beginning and
containing 3.516 acres.
Sterner (Tract lE)
Commencing at the Southeast corner of Section 12, thence along the South line of the Southeast 1/4,
also being the center line of Appleway Drive South 89016'29" West 264.06 feet to the Point of
Beginning; thence continuing along said line South 89016'29" West '308.57 feet; thence North
0003703" East 470.52 feet; thence South 89°2T57" East 117 feet more or less to the South bank
of Spring Creek; thence Northeasterly along the North 00°2230" East from the Point of Beginning;
thence South 00°2230" West 598 feet more or less to the Point of Beginning containing 3.64 more
or less acres of land all as shown hereon.
I I