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Resolution 4964 - Preliminary Plat - Cascade Business ParkRESOLUTION NO.4964 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF CASCADE BUSINESS PARK, MORE PARTICULARLY DESCRIBED AS LOT I OF THE AMENDED PLAT OF PART OF THE GATEWAY WEST MALL ADDITION NO. 34 LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Cascade Partnership, the owner of the certain real property described above, has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board held a public hearing on January 15, 2002, on the proposal and reviewed Subdivision Report #KPP-01-3 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board recommended approval of the Preliminary Plat of Lot 1 of the Amended Plat of Part of the Gateway West Mall Addition No. 34, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell postponed action on the preliminary plat at the request of the developer until this time, and WHEREAS, on December 6, 2004, the City Council of the City of Kalispell passed Resolution 4960, a Resolution of Intention to consider said Preliminary Plat and set a public hearing for December 20, 2004; and WHEREAS, notice of the resolution of intention was provided pursuant to MCA 7-2-4312 by publishing such notice on December 8 and December 16, 2004, as provided in MCA 7-1-4127; and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of December 20, 2004, took public comment, reviewed the Tri-City Planning Office Report #KPP- 01-3, 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, AS FOLLOWS: SECTION L That the Findings of Fact contained in Tri-City Planning Office Report #KPP-01-3 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Cascade Partnership for approval of the Preliminary Plat of Lot 1 of the Amended Plat of Part of the Gateway West Mall Addition No. 34, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 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 and accesses. 2. That the infrastructure for the subdivision shall be designed and constructed in compliance with the City of Kalispell's Design and Construction Standards for local streets which shall include a minimum 24 foot wide paved roadway, curb, gutter, sidewalk and a landscape boulevard. Except that a variance shall be granted allowing a 40 foot right-of-way for the full length of Financial Drive with the improvements to be reviewed and approved by the Kalispell Public Worms Department that include a minimum 24 foot wide paved roadway, curb, gutter and attached sidewalk on both sides of the street. Street trees are to be placed along the western side of Financial Drive within the previously required 20 foot right-of- way. Certification from an engineer licensed in the state of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications all improvements including sewer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been review and approved for compliance with those standards. 4. That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications all improvements including sewer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been review and approved for compliance with those standards. A letter from the Kalispell Public Works Department shall be obtained which states that a storm water drainage plan which addresses storm water management using on -site retention methods has been reviewed and approved. That the 100-year floodplain along the Spring Creek drainage be indicated on the face of the final plat and prohibiting the placement of structures in this area. That a common mail facility be located for the subdivision and be approved by the local postmaster. 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. That a letter be obtained from the Kalispell Fire Department approving the number and location of fire hydrants within the subdivision, the access and suppression system and compliance with the Uniform Fire Code. 10. That any areas disturbed during construction be revegetated with a weed -free mix in accordance with a plan approved by the Kalispell Parks and Recreation Department. 11. That an easement be indicated on proposed Lots 1 and 2 to accommodate the water line that runs through the lots and that a building pad area be designated on the plat that ensures that no structure would be placed over the easement. 12. All new utilities shall be installed underground. 13. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 14, That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 15. That the preliminary plat 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 20TH DAY OF DECEMBER, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk