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Resolution 4667/Preliminary PlatRESOLUTION NO. 4667 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF WHITEFISH STAGE CONDOMINIUMS, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACT 2 IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Whitefish Stage Development, 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 -County Planning Board and Zoning Commission held a public hearing on October 9, 2001, on the proposal and reviewed Subdivision Report #KPP-01-2 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Whitefish Stage Condominiums, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of November 5, 2001, reviewed the Tri- City Planning Office Report #KPP-01-2, 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 Tri- City Planning Office Report #KPP-01-2 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Whitefish Stage Development, LLC for approval of the Preliminary Plat of Whitefish Stage Condominiums, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the number of dwellings within the subdivision, common areas and roadways within the subdivision. 2. The location and number of multi -family units within the development may be modified provided that the overall number of units does not exceed 304 dwellings. 3. 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 roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. 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. 4. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality and written approval by the Kalispell Public Works Department approving the water and sewage facilities for the subdivision. 5. A stormwater 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. 6. That the developer shall obtain written approval for the proposed approaches onto Whitefish Stage Road by the Montana Department of Transportation, Flathead County Road Department and from the Kalispell Public Works Department for Granrud Lane and any conditions or improvements associated with the approvals be completed prior to final plat submittal. 7. The roads 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. 8. That an overall landscape plan for the site that incorporates perimeter landscaping as well as street trees and landscaping within the common area be submitted to the Kalispell Parks and Recreation Department for review and approval. 9. The developer shall provide a plan for mail service approved by the U.S. Postal Service. 10. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 11. All utilities shall be installed underground. 12. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of 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. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 14. That a homeowners association be established for the maintenance of the common area based upon a pro-rata share of costs. 15. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 16. That a conditional use permit shall be obtained granting approval of the multi -family dwellings in an RA-1, Low Density Residential Apartment, zoning district. 17. The developer shall upgrade Granrud Lane to City standards in accordance with the City of Kalispell's Design and Construction Standards for street width, curbs, gutters and sidewalks within 24 months of final approval of Phase I, after which time, if the developer is unable or unwilling to complete the upgrades, a bond shall be posted in the amount of 125 percent of the remaining improvements which are then to be completed within 12 months. 18. That the developer shall obtain written permission from the Village County Sewer District for use of its sewage collection system or for expansion of the district boundaries; provided, however, that any connection to or expansion of the Village County Sewer District does not result in the extension of the payoff of any bonded indebtedness. 19. That a letter be obtained from the Evergreen Water and Sewer District stating that they have reviewed and approved the plans and specifications for the new water facilities serving the subdivision. 20. That the proposed common recreational facilities be accepted by the City of Kalispell as satisfying the parkland dedication requirements and that they shall be completed in Phase I of the development. 21. The developer shall demonstrate that a document has been filed with the Flathead County Clerk and Recorder's Office designating a ten foot right-of-way reserve along Whitefish Stage Road for purposes for future acquisition prior to the issuance of a building permit. 22. 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 5TH DAY OF NOVEMBER, 2001. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk