Loading...
Resolution 5195 - Preliminary Plat - Three Mile Views SubdivisionRESOLUTION NO.5195 A RESOLUTION CONDITIONALLY APPROVING- THE PRELIMINARY PLAT OF THREE MILE VIEWS SUBDIVISION, MORE PARTICULARLY DESCRIBED AS LOT 3 OF BLOCK. 2 OF THE AMENDED SUBDIVISION PLAT OF LOTS 15 2 AND 3 OF BLOCK 2 AND LOT 24 OF BLOCK 1 OF THREE MILE SUBDIVISION, LOCATED IN THE SOUTH HALF OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Richard Erickson, 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 March 13, 2007 on the proposal and reviewed Subdivision Report #KPP-07-3 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Three Mile Views Subdivision subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of April 16, 2007, reviewed the Kalispell Planning Department Report #KPP-07-3, 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 I. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-07-3 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Richard Erickson for approval of the Preliminary Plat of Three Mile Views Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat subject to the conditions of approval. (Kalispell Subdivision Regulations, Appendix C —Final Plat) 2. The parkland dedication requirements shall be met with the payment of cash in lieu for 0.54 of an acre parkland. The payment shall be based on the unimproved fair market value of the area devoted to lots. (Kalispell Subdivision Regulations, Section 3.19). 3. The developer shall install the approved landscaping within the 20-foot landscape easement as shown on the preliminary plat. The landscaping shall include street trees and seeding in accordance with the Kalispell Parks and Recreation Department's standards. (Findings of Fact Section D, Parks and Open Space) 4. A bike path connection shall be installed within the existing 20-foot utility easement located between lots SB and 6A as shown on the preliminary plat. The bike path shall be 10-feet wide and comply with AASHTO standards for bike and pedestrian paths, and integrated into the sidewalk along Vista Loop and the bike and pedestrian path along Three Mile Drive. Plans for the bike path including the placement of removable bollards for access along the 20-foot utility easement shall be reviewed and approved by the Public Works Department. (Findings of Fact Section A, Access) 5. The 20-foot landscape easement and 20-foot utility easement shall be located within a common area and not on individual lots as shown on the preliminary plat. Note: the detention pond easement may need to be expanded in accordance with the approved storm water drainage plan. (Findings of Fact Section A, Access and Section C, Drainage) 6. A homeowners association for Three Mile Views Subdivision shall be created that includes a provision for the maintenance of the bike path, landscaping and storm water facilities located within the common area. (Findings of Fact Section A, Access) 7. 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. Note: this will require improvements to the north roadside ditch along Three Mile Drive. (Kalispell Design and Construction Standards) 8. The approved engineered drainage plan shall be implemented prior to final plat of the subdivision. (Kalispell Design and Construction Standards) 9. The developer shall provide a letter from the US Postal Service indicating that mail service can be provided to the lots. If a new central box unit (CBU) is needed, the location of the CBU shall be approved by the US Postal Service. In addition, the mail delivery site shall be installed or bonded for prior to final plat approval. The mail delivery site and improvements shall also be reviewed and approved by the Public Works Department. (Kalispell Subdivision Regulations, Section 3.22) 10. The property boundary adjacent to the Vista Loop right-of-way for lot 10 shall be amended to be a minimum of 20-feet wide to comply with Section 3.06.B of the Kalispell Subdivision Regulations. (Kalispell Subdivision Regulations, Section 3.06) 11. 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, Roads) 12. A11 utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 14. That preliminary 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 16TH DAY OF ATTEST: Theresa White City Clerk APRII.,, 2007. Pamela B. Kenne 'o" Mayor