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
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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.
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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