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Resolution 5065A - NOT ACTED ON - Approving Preliminary Plat - Autumn Creek Subdivision10/03/05 Not Acted On RESOLUTION NO.5065 (A) A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF AUTUMN CREEK SUBDIVISION, MORE PARTICULARLY DESCI?JBED AS .ASSESSORS TRACTS 6AAK, 6DI ,AND 6AB LOCATED IN SECTION 12, TOWNSHIP 2 NORTH, RANGE 22 WEST, Q.M.M., FLATHEAD COUNTY, MON ANA. WHEREAS, Lee and Linda Hers.hber, er, the owners of the certain real property described above, have 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 June 1. , 2005 and action was taken on September 13, 2005 when they reviewed Amended Subdivision Report KP- - A issued by the Kalispell nnin Department, and W IERAS, the Kalispell City Planning Board and Zoning; Commission did not recommend approval of the Preliminary Plat of Autumn Creek Subdivision due to a vote of two in favor and two opposed, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting or October 3, 2005, reviewed the Kalispell Planning Department Report #KPP-05-9A, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission. and found from the Preliminary Plat, and evidence, that the subdivision 1s in the public interest, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY of KA IS PE L, MONTAN , AS FOLLOWS: SECTION L That the Findings of Fact contained in Kalispell Planning Department Report KPP-05-- are hereby adopted as the Findings of Fact of the City Council. SECTION 11. That the application of Lee and Linda Hershberger for approval of the Preliminary Plat of Autumn Creek Subdivision, 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) . That the Plans and specifications for all public infrastructure. be designed and in accordance with K lis ell's Standards .for Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kafispcll Subdivision Rcgulations, Chapter 3, Design Standards, Section 3.01). 3. A letter shall be submitted with the .final plat from an engineer licensed in the state of Montana certifying the improvements have been constructed in accordance with the approved plans and speei ations. As built drawings shall be submitted to the Kalispell Public Works Department rent prior to final plat submittal for the completed infrastructure. A letter from the public works department shall accompany the engineer's certification stating that this condition has been met or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01 4. That an easement shall be obtained from the adjoining property owner to the northeast granting the right to cross those properties for utility extension purposes. (Kalispell Subdivision Regulations, Section 3.0 (A). 5. The following requirements shall be met per the Kalispell Fire .department: (Kalispell Subdivision ations, Section .20). a. Water .mains designed to provide minimum fire flogs shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with 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)Chapter 5. d. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance 10-} e. Street naming shall be approved by the fire department. . That a letter be obtained from the Kalispell Parks and Recreation Director approving a lay ds a e plan for the placement of trees and landscaping matcrials within the five foot landscape boulevard developed between the curb and the sidewalk, (Kalispell Subdivision Regulations, Section 3.11). 7. The area designated on the plat as "park"' along with the open area will meet the parkland dedication requirements provided that it be developed to create a recreational amenity within the subdivision. Those park improvements shall be addressed in accordance with a plan approved by the Kalispell Parks and Recreation Director so as to provide a recreational component within the development. A letter from the Kalispell Parks Department shall be provided at the time of final plat that outlines the improvements and confirms those improvements have been made. (Kalispell Subdivision Regulations, Section 3.19). 8. That a detailed flood lain study be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the too year floodplain as currently indicated on the FIRM pancls shall be platted prior to the completion and acceptance of the study area. The base flood elevation as determined a accepted by FEMAshall be indicated on the final plat. . Dots shall not be pre -sold until such time as a floodlain study ,has been reviewed and approved by .MAFEMA which determines the location of the 100 year flood lain and the base flood elevation.. 0. A -note shall be placed on the face of the final plat that waives protest to the creation of a special improvement district .for the upgrade of Hathaway Lane to urban standards. 11. Townhouse lots within the subdivision shall be identified by a lot number and letter A or B. 12. The Kalispell Bypass corridor shall be indicated on the final plat as a separate parcel along with a. note that states ".reserved for future right--of-way acquisition~', or if the State has acquired the property as the "Proposed Kalispell Bypass'" and not be made part of the proposed lots. 1 accesses That a letter be obtained from Flathead County. Road .fie art e t stating that the provosed accesses onto Hathaway Lane have been reviewed and appi-oved with the f llo il-10 11-11rov meat t The de-ycloper is rc uired t widen Hathawav Lane for approximately 150 feet from Highway 2 west to the north to a minimum of 24 feet alonp, with any..qppropriate, widening of Hathaway Lane and shoulder work ads at to the property. 1 t -aSSE)C-1 L s 1 w r r rutat 4 rtk ghat a letter is obtained from the Montana artet o Transportation review the Ha.th wa Lane approach onto H hwa west and the impacts associated with this subdivision. with the mproval from MDOT the developer is re ul red t install a deceleration lane for westbound traffic on Highway 2 west. The improvements shall be completed prior to final lat submittal and a letter from MDOT shall be submitted static the r aired itnprovcments havc bccn satisfactorily coinpletcd. 15. 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 Kalispe11 Public Works .department stating the nam. ing and addressm on the final plat have been reviewed and approved Kalispell Subdivision Regulations, Section 3.09). 16. 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 ut sties from this subd'vlslon to ado i properties. letter from the Kalispell Public Works Department shall be obtained stating that the required met are being ho v . on the final plat. 17, The d vlop r shall providc a l tt r from the U.S. Postal Scrvice approving the plan for mail service. Kalispell Subdivision Regulations, Section 3.22). 18. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). 19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 2. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 22. That Preliminary plat approval for the. first phase of the planned unit developrnent 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 Rcgulations, Section 2.04). SECTION 1. Upon hoer review and filing; of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises stall be subdivision of the City of Kalispell* .PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED Y THE MAYOR OF THE CITY of KALISPELL, THIS 3RD DAY of OCTOBER, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk