Resolution 5176 - Preliminary Plat - Blue Skies SubdivisionRESOLUTION NO, 5176
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF BLUE
SKIES SUBDIVISION, MORE PARTICULARLY DESCRIBED AS PARCELS A & B OF
CERTIFICATE OF SURVEY NO.14634 IN SECTION 13, TOWNSHIP 28 NORTH, RANGE
22 WEST, F.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, James and Peggy Mathiason, 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
January 9, 2007 on the proposal and reviewed Subdivision Report #KPP-06-17
issued by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Blue Skies Subdivision subject to Certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of February 5,
2007, reviewed the Kalispell Planning Department Report #KPP-06-17, 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
KAL:ISPELL, MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-06-17 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of James and Peggy Mathiason for approval of the
Preliminary Plat of Blue Skies Subdivision, Kalispell, Flathead County,
Montana is hereby approved subject to the following conditions:
1. 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)
2. 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; and shall be certified in writing by an 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. In
addition to the new City street within the subdivision Valley View Drive, as it fronts the
subdivision, shall be improved to the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards. (Kalispell Design and Construction
Standards and Findings of. Fact Section D)
3. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and Montana Public Works
Standards. 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. (Kalispell Design and Construction Standards and Findings of Fact
Section D)
4. 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. (Kalispell Design and Construction
Standards and Findings of Fact Section C)
5. 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. (Kalispell Design and
Construction Standards)
6. 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. (Kalispell Design and Construction Standards)
7. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland
of 5,606 square feet. The payment shall be based on the fair market value of undivided,
unimproved land. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact
Section D).
S. Prior to final plat approval the applicant shall commission and cause to be completed a
detailed floodplain study of the stream reaches of the unnamed ephemeral stream that directly
affects the proposed subdivision. Such study is to be executed in accordance with the current
Montana DNRC guidelines for watercourse surveys and guidelines for Zone A. The extent
of the 10O-year floodplain shall then be clearly and obviously demarked and labeled "100-
year floodplain No -Build Area" on the face of the final plat. (Findings of Fact., Section A,
Flooding)
9. 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
provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision
Regulations, Section 3.11).
10. The following requirements shall be met per the Kalispell Fire Department and so certified in
writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20).
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 (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 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.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as a
fire lane.
11. The following note shall be placed on the face of the final plat: "Construction of a home on
lot 3 shall utilize sound -absorbent materials along the side of the house facing the highway
bypass." (Findings of Fact Section A)
12. A 30-foot wide road/utility easement shall be dedicated to the City of Kalispell along the
eastern boundary of lot 3, adjacent to the area designated as future highway right-of-way.
Within this easement a 20 foot wide driving surface shall be constructed the entire length of
the easement and integrated into the roadway to provide for a "T" turnaround for Fire
Department access referenced in condition 10. (Findings of Fact Sections A and D)
13. The existing shop shown on the preliminary plat and all other outbuildings shall be removed
or located on the same lot as the existing house. (Kalispell Zoning Ordinance, Section
27.22.020(3)(g))
14. 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. (Findings of Fact Section D)
15. The following note shall be placed on the final plat: "Property owner(s) are responsible for
the boulevard strip for the length of their property boundaries. Responsibilities include
watering and mowing of the grass within the boulevard. Removal of grass or trees within the
boulevard is prohibited unless approved by the Kalispell Department of Parks and
Recreation."
16. The following note shall be placed on the final plat: "Property owner(s) shall waive their
right to protest the creation of a special improvement district for road upgrades in the area to
City standards which are impacted by this subdivision." (Findings of Fact Section D)
1.7. The road 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 Kalispell Public Works Department stating the naming and addressing on the final
plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09).
18. 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.
19. 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. (Kalispell Subdivision Regulations,
Section 3.22).
20. 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)).
21. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17).
22. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
23. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal. (Findings of Fact Section A)
24. That preliminary plat approval shall be valid for a period of three years from the date of
approval. (Kalispell Subdivision Regulations, Section 2.04).
SECTION III. 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 5TH DAY OF FEBRUARY, 2007.
Pamela B. Kenne Py&
ATTEST: Mayor
Theresa white
City Clerk