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Resolution 4848/Preliminary PlatRESOLUTION CONDITIONALLYAPPROVING THE PRELIMINARY OF GATEWAY WEST SUBDIVISIONMORE PARTICULARLY DESCRIBED ON SECTIONEXHIBIT "A", IN TOWNSHIP NORTH,RANGE 22 WEST,, COUNTY,FLATHEAD • WHEREAS, ACG — Kalispell Investors LLC, 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 October 14, 2003, on the proposal and reviewed Subdivision Report #KPP-03-10 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 Gateway West Subdivision Unit 2, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of November 3, 2003, reviewed the Tri-City Planning Office Report #KPP-03-10, 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-03-10 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of ACG -- Kalispell Investors LLC for approval of the Preliminary Plat of Gateway West Subdivision Unit 2, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots, easements and roadways. (Kalispell Sub. Regs. Appendix C — Final Plat I(A) Contents of final plat.) 2. The applicants shall apply to MDT for review and updating of the approach permit from the proposed subdivision onto US Hwy 2. (Per request of Steve Herzog, Maintenance Supervisor, MDT Kalispell Office). 3. 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 said plan shall be reviewed and approved by the Kalispell Public Works Department. (Kalispell Sub. Regs. Section 3.12 A). 4. 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. (Kalispell Sub. Regs. Section 3.12 — 3.15). 5. The fire access and suppression system shall comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access, placement of fire hydrants and fire flows 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. (Uniform Fire Code). 6. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A). 7. The applicants shall apply for and receive a Letter of Map Revision prior to filing of final plat for the purpose of removing a suitable buildable area for each proposed lot from the 100- year floodplain as shown on the Kalispell Flood Insurance Rate Map. Failure to acquire a suitable building site outside of the 100-year floodplain shall constitute denial of the particular lot. (Section 3.5, Kalispell Subdivision Regulations, Kalispell Flood Plain Development Program). 8. The applicants shall secure a floodplain development permit from the city of Kalispell to fill the existing detention pond and re -locate the pond elsewhere within the 100-year floodplain. (Kalispell Floodplain Development Program). 9. The applicant shall provide evidence of contacting the Flathead Conservation District and Fish, Wildlife and Parks concerning compliance with any applicable regulatory programs (i.e. - 124 Permit) relating to any work in or near West Spring Creek. 10. That preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Sub. Regs. Section 2.04 (E (7)). 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 3RD DAY OF NOVEMBER, 2003. Pamela B. Kennedy Mayor ATTEST: r Theresa White City Clerk EXHIBIT "A" PRELIMINARY PLAT - GATEWAY WEST SUBDIVISION UNIT NO.2 Description Lot 1, Gateway West Subdivision Unit No. 2, Section 12, Township 28 North, Range 22 West, Flathead County, Montana. Lot 2, Gateway West Subdivision Unit No. 2, Section 12, Township 28 North, Range 22 West, Flathead County, Montana.