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Resolution 5200 - Preliminary Plat - Resubdivision of Ashley SquareRESOLUTION NO.5200 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF THE RESUBDIVISION OF ASHLEY SQUARE, MORE PARTICULARLY DESCRIBED AS AMENDED PLAT OF LOT 2 OF THE RESUBDIVISION OF LOTS 1 AND 3 GIBSON ADDITION NO. 41, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 121, TOWNSHIP 28 NORTI3, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Ashley Square Partnerships, the owner 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 April 10, 2007 on the proposal and reviewed Subdivision Report #KPP-07-5, issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Ashley Square Subdivision subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 7, 2007, reviewed the Kalispell Planning Department report #KPP-07-5, 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 ALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-07-5 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Ashley Square Partnerships for approval of the Preliminary Plat of Ashley Square Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. 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. Should Lot 2B be further developed, the Public Works Department requested that any approach to a future building be located as far to the north within the subdivision as possible to prevent stacking or congestion at the entrance from US Highway 2 West. This approach shall be coordinated with the Public Works Department and a letter obtained stating the design meets City standards prior to issuance of a building permit (Kalispell Design and Construction Standards). See Findings of Fact, Section A, Access. 3. Should lot 2B be further developed, installation of sidewalks along both US Highway 2 West and the internal frontage of the private road easement (abutting lot 2B) would be required prior to issuance of a building permit. Sidewalks shall be installed in accordance with the City of Kalispell, s design guidelines and coordinated with the Parks and Recreation and Public Works departments prior to construction. 4. Should one of the properties be further developed, water and sewer mains shall be installed within approved easements prior to issuance of a building permit. See Findings of Fact, Section D, Sewer and Water. 5. Prior to final plat, the 15 inch utility easement that extends through Lot 3 shall be adjusted to accurately represent the location of the existing sewer main and easement. (Public Works Department) 6. Should Lot 2B be developed, the existing vegetation shall be preserved to the extent possible or replaced if removal is necessary. Replacement of vegetation is subject to the design standards, policies and approval of the Kalispell Parks and Recreation Department. (Kalispell Parks and Recreation Department and Kalispell Subdivision Regulations Section 3.02). No impacts to the mature vegetation outside of Lot 2B along US Highway 2 may occur as a result of this subdivision or future development. 7. Prior to final plat of the subdivision, parking issues shall be resolved and the sign serving the Ashley Square commercial area shall be brought into compliance. S. 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 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 M , 20 . Pamela B. Kenn6dy Mayor ATTEST: Theresa White City Clerk