Resolution 5748 - Preliminary Plat - Owl View SubRESOLUTION NO.5748
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF OWL
VIEW SUBDIVISION, DESCRIBED AS THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Owl Corporation, 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
December 8, 2015 on the proposal and reviewed Subdivision Report #KPP-15-03
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Owl View Subdivision subject to certain
conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of January 4,
2016, reviewed the Kalispell Planning Department Report #KPP-15-03, 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 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-15-03 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Owl Corporation for approval of the Preliminary Plat
of Owl View Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
General 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.
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
Prior to Final Plat:
3. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction and Montana
Public Works Standards. The design shall be certified in writing by a professional engineer
licensed in the State of Montana. All design work shall be reviewed and approved in writing
by the Kalispell Public Works Department prior to construction. This infrastructure shall
include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and
sidewalks.
4. Water and sewer main extensions shall be designed and constructed in accordance with the
current City of Kalispell's Standards for Design and Construction and Montana Public
Works Standard Specifications. The water and sewer main extension plans shall be reviewed
and approved by the Kalispell Public Works Department. Prior to final plat, a certification
shall be submitted to the Public Works Department stating that the water and sewer mains
have been built as designed and approved.
5. Roadway and utilities located within the Gunnar Drive right-of-way shall be extended to the
west property lines of Lots 2 and 3.
6. Access to Lot 1 shall be restricted to the alley proposed along the western property line.
7. Public services for the proposed lots shall not come from the utilities located within the Old
Reserve Drive right-of-way, but from the extension of the utilities along Gunnar Drive.
The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater report and an engineered drainage plan that meets the requirements of
the current City Standards for Design and Construction. Prior to final plat, a certification
shall be submitted to the Public Works Department stating that the drainage plan for the
subdivision has been installed as designed and approved.
9. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Stormwater Discharge Associated with Construction Activities,
10. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell, or a proper bond has been accepted
for unfinished work.
11. The following requirements shall be met per the Kalispell Fire Department and so certified in
writing by the Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code (2012).
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
(2012).
d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided
in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
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. Alley easements shall be labeled as
private. A letter from the Kalispell Public Works Department shall be obtained stating that the
required easements are being shown on the final plat.
13. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the
public, the right to the joint use of an easement for the construction, maintenance, repair, and
removal of their lines and other facilities, in, over, under, and across each area designated on
this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
Prior to Building Permit Issuance:
14. If lots 2 and 3 are developed as residential, the developer shall dedicate to the city a cash or
land dedication equal to .03 acres per dwelling unit at the time of building permit.
Ongoing conditions:
15. All utilities shall be installed underground.
16. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION 3. 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 4TH DAY OF JANUARY, 2016.
Mark Jo on
Mayor
ATTEST:
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AimeV Brunckhorst, Cmd' ;
City Clerk
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