Resolution 5099 - WITHDRAWN AT REQUEST OF APPLICANT - Preliminary Plat - Sunnyside Place-RESOLUTION 5099
A. RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT of
SUNNYSII E PLACEI MORE PARTICULARLY DESCRIBED AS LOT 6 of SUNNYSII E
PARK LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANG#.,. 21. WEST, .M#M#,
FIATHEAD COUNTY, M N .ANA.
WHEREAS, Donald and Mary Kruse, the owners of the certain real property described above}
have petitioned for approval of the Subdivision Plat of said property, and
WHEREAS, the proposed subdivision plat of said property .is subject to the provisions of section
2.05 (Preliminary Plat Process -Minor Subdivision), Subdivision Regulations of the
City of Kalispell., and
WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made
a report KSR-06-2 to the City Council of the City of Kalispell, said report
considering the criteria set forth in Section 6-3-608 MCA", and
WHERIF,AS, the City Council of the City of Kalispell at its regular Council Meeting of March 20,
Zoo , reviewed the Kalispell Planning Department Report KSR-o -2, 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 I# That the Findings of Pact contained in Kalispell Planning Department Report
KS-06-2 are hereby adopted as the Findings of Fact of the City Council.
SECTION 11. That the application of Donald and Mary Kruse for approval of the
Preliminary Flat of Snnnyside Place, Kalispell, Flathead County, 1 Montana is
hereby approved subject to the following conditions:
.. That the final plat for the subdivision shall be in substantial compliance with the approved
Preliminary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat)
2. New infrastructure required to serve the subdivision shall be designed and constructed i
accordance with the City of Ka is ell's Standards for Design and. Construction and Montana
a
Public Forks Standards; and shall be certified by are engineer licensed in the state of Montana.
All work shall be reviewed and approved by the Kalispell Public Worts Department prior to
construction.. This infrastructure shall include water and sewer main extensions to serve the
subdivision and improvements to Ashley Drive as follows:
Curb, gutter, boulevard and sidewalk shall be installed along; Ashley Drive as it abuts
the subdivision.
A pedestrian ramp and crosswalk shall be installed to provide access across Sunnyside
Drive and Ashley Drive.
Redesign of Ashley Drive to accommodate a horizontal alignment with a design speed
of 30 .mph. (Kalispell Design and Construction Standards)
3. A letter from the Kalispell Public works Department stating that the new infrastructure has
been accepted by the City of Kalispell.. (Kalispell Design and Construction Standards)
. The required boulevard along Ashley Drive shall be a minimum of 5 feet wide and landscaped
in accordance with the Kalispell Street Tree ordinance and a plan approved by the Kalispell
Parks and Recreation Department. (Kalispell Design and Construction. Standards)
5. The owner shall dedicate to the city an additional 10 feet of ri;bt-of-way along the
subdivision's frontage on Sunnyside Drive. The owner shall also dedicate 10 feet of right-of-
way along the subdivision's 'rontage on Ashley DrIve in addition to providing adequate right-
of-way in order to accommodate the redesigned horizontal alignment of Ashley Drive.
(Kalispell Subdivision Regulations Section 3.0, Table .
6. Vehicular access from Lot 5 to Sunnyside Drive shall not be permitted. This statement shall be
included on the final plat. (Findinors of Fact, Section A
. That a note shall. be placed on the face of the final plat stating that all lots within the
subdivision shall waive their right to protest the creation of a special improvement district for
the future upgrade of Sunnyside Drive. (Kalispell Subdivision Regulations Section 3.09, (J))
. The existing fencing within the new right-of-way boundary shown on the preliminary plat shall
be removed or relocated outside of the newly dedicated right-of-way.(Findings of .fact,
Section D
. The existing garage and barn shall be removed or located on the same lot as the existing house.
(Kalispell Zoning ordinance, Section 2 . 2.020(3)(g))
10. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service and when a facility or improvement is required, said improvements shall be installed or
bonded for. These improvements en.ts shall also be included in the plans to be reviewed by the
Public Works Department. (Kalispell. Subdivision Regulations, Section 3.22).
11. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
.2. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development. Erosion control measures must be in place during
construction and remain in place until the site is stabilized.
13. The fire hydrant shown on the preliminary plat located between lots 3 and 4 shall be relocated
to the northwest corner of Sunnyside Drive and Ashley rive..A letter from the Kalispell Fire
Department approving of the hydrant locations shall be included with the final plat. Findings
of Pact, Section )
14. That preliminary plat approval shall be valid .for a period of three years from the date of City
Council approval. (Kalispell Subdivision Regulations, Section 2.04).
SECTION 111. Upon proper review and fi i g of the .dual Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
sdivsion of the City of Kalispell.
PASSED AND APPROVED THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE
CITY of KALISPELL, THIS DAY OF , 2006.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk