Resolution 5006 - Preliminary Plat - Spring Creek EstatesRESOLUTION NO. 5006
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF SPRING
CREEK ESTATES, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACT 4C IN THE
NORTH 1/2 OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA.
WHEREAS, Tim Birk, 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 April 12,
2005, on the proposal and reviewed Subdivision Report #KPP-05-3 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 Spring Creek Estates, subject to certain conditions and recommendations,
and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 2, 2005,
reviewed the Tri-City Planning Office Report #KPP-05-3, 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,
MONTANA AS FOLLOWS:
SECTION L That the Findings of Fact contained in Tri-City Planning Office Report #KPP-05-3
are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Tim Birk for approval of the Preliminary Plat of Spring Creek
Estates, Kalispell, Flathead County, Montana is hereby approved subject to the
following conditions:
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
preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C -- Final
Plat).
2. 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).
An approach permit shall be obtained from the Montana Department of Transportation for the two access
points onto three Mile Drive and that any needed improvements be accomplished prior to the submittal of
the final plat after being reviewed and approved by the MDOT. (MDOT requirement)
4. That a minimum 20-foot buffer strip shall be established along Three Mile Drive between the road R/W
and the subdivision that would include a bike and pedestrian trail and buffering in the form ofbermi.ng 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.
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 minimum five foot landscape boulevard
developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11).
6. That the area designated on the plat as "park" shall satisfy in part the requirements for parkland
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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 be left as passive open space. The improvements should equal the cash
value of 1.493 acres or $+29,860 based on a valuation of approximately $20,000 per acre. Remaining
cash, if any, above this amount shall be given to the City of Kalispell as cash in lieu of parkland
dedication. (Kalispell Subdivision Regulations, Section 3.19).
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 flaws shall be installed per City specifications at
approved locations. Minimum fire flows shall be in accordance with the International Fire Code
(2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by this department,
prior to combustible construction.
c. .Fire Department access shall be provided in accordance with International Fire Code (2003)
Section 503.
d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in
accordance with City of Kalispell Ordinance 10-8.
e. It is recommended that consideration be given to annexation of Three Mile Drive and Farm to
Market Road adjacent to the public right-of-way.
S. 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 subjeet to
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Public Works Department stating the naming and addressing on the final plat have been reviewed and
approved (Kalispell Subdivision Regulations, Section 3.09).
Alleys shall be paved and designed with a center line crown and in no event will aIIeys be constructed
with an inverted centerline as this concentrates drainage down the center of the alley and leads to early
surface failure. (Public Works)
10. Once completed. in accordance with plans andspecifications reviewed and approved by the Kalispell
Public Works Department, the alleys in the subdivision shall be owned and maintained by theCit of
Kalispell. (Kalispell Planning -Board
11. A note be placed on the plat and in the covenants that requires access from the alleys for those lots that
have alley access and there will be no curb cuts or access from the street for those lots with alleys.
12. 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 five foot utility easement be placed behind the right-of-way along all lots to allow
for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated
with the respective utility companies prior to construction. A letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final plat.
(Kalispell Public Works Department).
13. After the construction and installation of utilities are completed, the developer shall insure that all property
corners are replaced by a licensed surveyor that might have been disturbed during construction. In locations
where there is a conflict such as an electrical pad, an offset marketer shall be placed and recorded on the
final plat. (Kalispell Public Works Department).
14. Lots within the subdivision on the final plat shall be consecutively numbered from 1 --- 174 to assist in
describing and locating lots. (Public Works Department)
15, The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. The
developer shall be responsible for developing the mail service program according to the approved plans.
(Kalispell Subdivision Regulations, Section 3.22).
16. 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)).
17. All utilities shall be installed underground with the Public Works Department coordinating with the local
utility companies in an effort to place the new utility installations in the alley. (Kalispell Subdivision
Regulations, Section 3.17).
18. That a minimum of two-thirds of the necessary infrastructure for this subdivision or each successive
phase shall be completed prior to final plat submittal.
19. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix
immediately after development.
20. A note shall be placed on the face of the final plat which waives protest to the creation of any special
improvement districts for upgrade of roads in the area to City standards which are impacted by this
subdivision.
21. A minimum ten foot buffer shall be..j2rovided between the lots in the southeast corner of the subdivision
and the lots in Aspen Knoll in the form of berming, fencing, landscaping, or a combination thereof to be
coordinated with the Public Works Department, the Parks and Recreation Department, and the adjoining
property owners.
22. That preliminary plat approval 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 if the
subdivision is phased. (Kalispell Subdivision Regulations, 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 2ND DAY OF MAY, 2005.
meta B. Kenne
Mayor
ATTEST:
Theresa White
City Clerk