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Resolution 5010 - Preliminary Plat - Empire EstatesRESOLUTION NO.5010 A RESOLUTION APPROVING CERTAIN REVISIONS TO THE PRELIMINARY PLAT OF EMPIRE ESTATES SUBDIVISION, PHASES 4-6, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, the City Council of the City of Kalispell passed Resolution 4806 on July 7, 2003, approving the preliminary plat for Empire Estates Subdivision, subject to certain conditions, and WHEREAS, the Developer now desires to make certain revisions to the preliminary plat, namely, creating 34 townhouse lots from 21 single family lots, and WHEREAS, these revisions are considered to be major revisions to the preliminary plat and therefore necessitated the project going before the Kalispell City Planning Board for a second time, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on April 19, 2005, on the proposal and reviewed Subdivision Report #KPP-05-5 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the amendment of the Preliminary Plat of Empire Estates Subdivision, Phases 4-6, subject to certain amended conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of June 20, 2005, reviewed the Tri-City Planning Office Report #KPP-05-5, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the evidence, that the amendment to the Preliminary Plat 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-05-5 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Wayne E. Turner for amendment of the Preliminary Plat of Empire Estates Subdivision, Phases 4-6, Kalispell, Flathead County, Montana is hereby approved subject to the following amended conditions: 1. Development of the subdivision shall be platted in substantial compliance with the preliminary plat as amended and approved which governs the location of lots and roadways within the subdivision. 2. 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 streets. 3. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. 4. 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. 5. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation director. 6. A storm water 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. 7. That the developer obtain a letter from the Montana Department of Transportation approving the intersection of the new internal roadway and Three Mile Drive and certifying that any necessary improvements have been made. 8. That the developer obtain a letter from the Montana Department of Transportation approving the proposed roadway crossing through the Kalispell Bypass and certify that any necessary improvements have been made. q. That the developer obtain a letter from the flathead County Road Department approving the new intersections with Stillwater Road and the new internal subdivision roads and shall include a post construction inspection that certifies any necessary improvements have been made. 10. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and Stillwater Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of a landscape berm or other acceptable landscaping_ These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department and Flathead County. It. The road 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. 12. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. 13. That the parkland dedication requirements shall be one -ninth or 11 percent of the area in lots or 4.516 acres. The 1.748 park area as indicated on the plat will meet that requirement in part. The remaining 2.768 acres shall be addressed through cash in lieu of parkland in the amount of $1.5,000 per acre or $41,520 which shall be used for development of the park area coordinated through the Kalispell Parks and Recreation Department. 14. A maintenance agreement for the park and common areas shall be included with the final plat. 15. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining; properties. 16, That the lots within the subdivision be reconfigured so that all lots meet the minimum 50-foot lot width requirements of the R-4 zoning district and the minimum lot size requirements of 6,000 square feet exclusive of any easements. 17. Mitigation of traffic impacts must be addressed by the developer in accordance with MDOT re uirements. 1.8. A note be 121aced on the face of the final plat that the lots not designated as townhouse be developed as single-family residential. 19. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision shall be completed prior to final plat submittal. With the filing of the final plat for each phase, an additional three-year extension shall be automatically granted for subsequent phases. 20. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 2.1. 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 20TH DAY OF JUN 0 S. amela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" Turner Legal Description Property can be described as being the West Half of the Southwest quarter of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Subject to and together with a 60' County road known as Stillwater Road.