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Resolution 5802 - Preliminary Plat - Southside EstatesRESOLUTION NO.5802 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF SOUTHSIDE ESTATES, DESCRIBED AS TRACT 4 IN THE SOUTHWEST QUARTER, SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Team Development, LLC, 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 January 10, 2017 on the proposal and reviewed Subdivision Report #KPP-16-02 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Southside Estates subject to certain conditions and recommendations; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of February 6, 2017, reviewed the Kalispell Planning Department Report #KPP-16-02, 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-16-02 are hereby adopted as the Findings of Fact of the city council. SECTION 2. That the application of Team Development, LLC for approval of the Preliminary Plat of Southside Estates, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 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 citycouncil. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water 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. 4. 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 Storm Water Discharge Associated with Construction Activities. 5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 6. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. 7. Existing onsite infrastructure shall be improved to meet the minimum City of Kalispell Standards for Design and Construction. 8. 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 unfinishedwork. 9. 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. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 10. 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 11. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 12. A temporary turnaround shall be required at the east terminus of Destiny Lane to the satisfaction of the Public Works Director. 13. An 8-foot sound barrier shall be constructed along the west property boundary. The sound barrier shall extend from the southernmost property line point northerly to a point a minimum of 75 feet past the existing MDT barrier (As shown in FIGURE 3 of the sound study). The materials and construction of the sound barrier shall conform with the recommendations as provided in the sound study completed by Big Sky Acoustics, dated November 7, 2016 and approved by the Architectural Review Committee for aesthetics and neighborhood conformity. 14. Two Kalispell Bypass bike path access points shall be provided and installed. One shall be located at the western most point of Destiny Lane and the 2nd at the southwestern most point of Kismet Court. The access points to the bypass shall be 5 feet in width as they penetrate the sound wall system to limit the amount of noise intrusion. The bike path shall connect the existing street with the bike path providing for flared ends at the bike path connection point. 15. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. The HOA should include provisions for the maintenance of all common areas including the storm water ponds, sound wall and wastewater lift station. 16. The developer shall comply with all recommendations of the geological investigation report completed by CMG Engineering, dated November 10, 2016. A geotechnical or construction materials engineer should certify the recommendations are being properly implemented. 17. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 18. Landscaping shall be installed in addition to the fencing that will be surrounding the lift stations. The landscaping should be of such intensity as to shield the lift stations and consist of shrubs and bushes which reach a height of 6 feet or higher. The plan and actual installation shall be approved by the Kalispell Parks and Recreation Director and Public Works Director. 19. A cash in lieu of parkland in the amount of .03 acres per dwelling unit shall be provided. The cash payment will be based off of the fair market value of undivided, unimproved land prior to final plat approval. 20. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 21. All utilities shall be installed underground. 22. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 23. All residences should be constructed with fire sprinkler systems. 24. Basements are prohibited within the subdivision due to high groundwater. 25. Foundation drains and emergency sump pumps shall be installed at all residences that contain a crawl space. 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 6TH DAY OF FEBRUARY, 2017. r Mark John, on Mayor ATTEST: ,iCAL/gAzi/ Aimle Brunckhorst, CMC SAL City Clerk — 1892