Resolution 4955 - Preliminary Plat - Aspen Creek SubdivisionRESOLUTION NO.4955
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
ASPEN CREEK SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S
TRACT 4D LOCATED IN SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Douglas Johnson, 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 and Zoning Commission held a public hearing on
November 9, 2004, on the proposal and reviewed Subdivision Report #KPP-04-11
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 Aspen Creek Subdivision, subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of December
G, 2004, reviewed the Tri-City Planning Office Report #KPP-04-11, 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 L That the Findings of Fact contained in Tri-City Planning Office Report
#KPP-04-11 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Douglas Johnson for approval of the Preliminary Plat
of Aspen Creek Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
I. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional conditions
associated with the PUD as approved by the city council. (Kalispell Subdivision Regulations,
Appendix C — Final Plat)
2. That the proposed deviation from zoning setbacks from 10 feet on the sides to five feet on the
sides be applied to Lots 1 A / 1 B through Lots 10A / 1013. Lots 37A /37B shall have a five foot
setback from the west boundary and a 15 foot setback for the primary structure and a 20 foot
setback for the garage for the property that fronts the street. Lots 1 A / 1 B through 10A / 10B
shall be allowed a 40 percent lot coverage rather than the 35 percent required in the R-2 zoning
district.
3. That the development of lots in the PUD shall be subject to architectural review as outlined i
the application and supporting materials and a letter be submitted to the Kalispell Site
Development Review Committee from the Architectural Review Committee of the
homeowners association prior to the issuance of a building pen -it.
4. That permits be obtained froze. the Flathead Conservation District, Montana Department of
Natural Resources and the Montana Department of Environmental Quality for any work or
activity along the Spring Creek Channel or a letter from those agencies stating that the scope of
work does not require permitting.
That the plans and specifications for all public infrastructure be designed and installed in
accordance with the Kalispell Design and Construction Standards and a letter shall be obtained
stating that they have been reviewed and approved by the Kalispell Public Works Department.
(Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01).
6. That an easement shall be obtained from the adjoining property owner to the west granting the
right to develop the proposed 60 foot right-of-way for road and utility purposes and once
completed dedication to the City of Kalispell as a public roadway. (Kalispell Subdivision
Regulations, Section 3.08 (A)).
7. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the
subdivision that would include a bike and pedestrian trail and buffering in the form of berming
or landscaping or both. These improvements are to be coordinated with the Kalispell Public
Works Department, Parks and Recreation Department, Flathead County Road Department and
Montana Department of Transportation.
S. The following requirements shall be met per the Kalispell Fire Department: Kalispell
Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
Uniform Fire Code (1997) Appendix III -A.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction. Additional design information shall
be submitted for approval by this department.
C. Fire Department access shall be provided in accordance with Uniform Fire Code
(1997) Article 9.
d. Secondary emergency access shall be addressed during project phasing as required by
this department.
e. Emergency vehicle access to the existing 3 structures is indicated via an existing
wooden bridge. More information is required related to the adequacy of the bridge
structure to support fire apparatus.
f: Due to project phasing it should be noted that hazardous weed abatement shall be
provided in accordance with City of Kalispell Ordinance 10-8.
9. That a letter be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the five foot
landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision
Regulations, Section 3.11).
10. That the area designated on the plat as "park" shall meet the requirements for parkland
dedication and shall be developed in accordance with a plan approved by the Kalispell Parks
and Recreation Director that provides recreational amenities including but not limited to
pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational
component within the development and not simply left as passive open space. (Kalispell
Subdivision Regulations, Section 3.19).
11. That a provision be made for a future 60 foot right of way easement within the subdivision that
would allow for the extension of the proposed roadway to provide future access to adjoining
properties to the west in the area of Lots IS and 19. (Kalispell Subdivision Regulations,
Section. 3.04).
12. That a detailed floodplain study be completed and accepted by PEMA determining the base
flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet
of the 100 year floodplain as currently indicated on the FIRM panels shall be platted prior to
the completion and acceptance of the study area. The base flood elevation as determined as
accepted by FEMA shall be indicated on the final plat.
13. That a letter be obtained from the Montana Department of Transportation and Flathead County
Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market
Road) have been reviewed and approved and any associated and necessary improvements have
been satisfactorily completed. (MDOT)
14. 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 and
be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained
from the Kalispell Public Works Department stating the naming and addressing on the final
plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09).
15. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be obtained stating that the requirement easements are being shown on the
final plat.
16. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
17. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
3.09(L)).
18. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
19. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
20. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
21. That the developer correct the covenants to the setbacks to five feet on the sides be applied to
Lots I / I through Lots l OA / 1 OB. Lots 37A /3713 shall have a five foot setback from the
west boundary and a 15 foot setback for the primary structure and 20 foot setback for the
garage for the property that fronts the street.
22. That there also be a 20 foot rear setback on the southern tier of lots for all structures and this
language be included in the covenants.
23. That the southerly 10 foot landscape buffer be landscaped with vegetation not to exceed six feet
in height.
24. A note be placed on the face of the final plat that waives protest to the creation of a special
improvement district (SID) for the upgrade of roads in the area to City standards which may be
impacted by this subdivision.
25. That a development agreement be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the ternns, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site.
26. That preliminary plat approval for the first phase of the planned unit development shall be valid
for a period of three years from the date of approval with an automatic two year extension as
each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision
Regulations, Section 2.04).
SECTION III. Upon proper review and tiling 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 6TH DAY OF DEMMBER, 2004.
Pamela B.
Mayor
ATTEST:
Theresa White
City Clerk