Resolution 5117/Preliminary PlatflaMill go 9 1 0101M
OW411010101
SUBDIVISION 1 '• ! 1
LOCATED!N 19, TOWNSHIP 28 NORTH, RANGE
FLATHEAD COUNTY,1
WHEREAS, Tim and Kay Knoll, the owners of the certain real property described above, have
petitioned for approval of the Subdivision Plat of said property, and
WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section
2.05 (Preliminary Plat Process -Minor Subdivision), Subdivision Regulations of the
City of Kalispell, and
WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made
a report (#KSR-06-3) to the City Council of the City of Kalispell, said report
considering the criteria set forth in Section 76-3-608 MCA, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of June 5,
2006, reviewed the Kalispell Planning Department Report #KSR-06-3, 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 Kalispell Planning Department Report
#KSR-06-3 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Tim and Kay Knoll for approval of the Preliminary
Plat of Subdivision 272, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
1. That the final plat for the subdivision shall be in substantial compliance with the approved
preliminary plat. (Kalispell Sub. Regs. App. C — Final Plat)
2. 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 and Montana
Public Works Standards; and shall be certified by an engineer licensed in the State of Montana.
All work shall be reviewed and approved by the Kalispell Public Works Department prior to
construction. This infrastructure shall include curb, gutter, boulevard and sidewalk and shall be
installed along Denver Avenue as it abuts the subdivision. (Kalispell Design and Construction
Standards)
3. A letter from the Kalispell Public Works Department stating that the new infrastructure has
been accepted by the City of Kalispell. (Kalispell Design and Construction Standards)
4. The required boulevard along Denver Avenue shall be a minimum of 5 feet wide and a payment
in lieu of landscaping provided to the Department of Parks and Recreation for the installation
of street trees and seeding of the boulevard. (Findings of Fact Section D)
5. The following note shall be placed on the final plat for lots 1A and 1 B, "Property owner(s) are
responsible for the boulevard strip for the length of their property boundaries. Responsibilities
include watering and mowing of the grass within the boulevard. Removal of grass or trees
within the boulevard is prohibited unless approved by the Kalispell Department of Parks and
Recreation." (Findings of Fact Section D)
6. The owner of tract 7AACAA shall install curb, gutter and sidewalk along the property
boundary adjacent to Denver Avenue. The new infrastructure shall connect with existing
infrastructure along Denver Avenue. (Findings of Fact Sections C and D)
7. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17)
8. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development. Erosion control measures must be in place during
construction and remain in place until the site is stabilized.
9. If the owner chooses a rear access, the owner shall provide a draft copy of a maintenance
agreement for the 20-foot access easement shown on the preliminary plat. (Findings of Fact
Section A)
10. That preliminary plat approval shall be valid for a period of three years from the date of
approval. (Kalispell Sub. Regs. Section 2.04).
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 5TH DAY OF
01#M !1
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Theresa White
City Clerk