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Resolution 5275 - Preliminary Plat - Bloomstone SubdivisionRESOLUTION NO.5275 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF BLOOMSTONE SUBDIVISION, MORE PARTICULARLY DESCRIBED AS PARCEL 3 OF CERTIFICATE OF SURVEY 17217 LOCATED IN THE SOUTHWEST QUARTER. OF SECTION 36, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, WHEREAS, Kalispell National Investment Company, 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 April S, 2005, on the proposal and reviewed Subdivision Report #KPP-07-14 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Bloomstone Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of April 21, Zoos, reviewed the Kalispell Planning Department Report #KPP-07-14, 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-07-14 are hereby adopted as the Findings of Fact of the City Council. SECTION IL That the application of Kalispell National Investment Company for approval of the Preliminary Plat of Bloomstone Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: General Conditions: 1. All conditions set forth in the Spring Prairie Planned Unit Development Agreement shall be followed. 2. 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) 3. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). Prior to final plat: 4. A geotechnical report shall be provided to the Public Works Department and Building Department for review concerning ground water levels and to address the appropriateness of crawl spaces and basements. (Findings of Fact Section Q 5. 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 with minor deviations as permitted in the PUD; 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. (Kalispell Design and Construction Standards) 6. water and sewer main extensions shall be designed and constructed in accordance with the City of K.alispell'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 and tested as designed and approved. (Kalispell Design and Construction Standards) Note: The water line extension from Reserve Loop shall be looped with the water line within Four Mile Drive. Location and sizing of the water line extension shall be reviewed and approved by the Public works Department. 7. The developer shall submit to the Kalispell Public works Department for review and approval a storm water drainage 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) Note. An off -site downstream analysis shall accompany the drainage report. This analysis will need to identify if the new volume release from the development will impact the downstream adjacent properties, conveyance channels, and water bodies. This downstream analysis will need to look at the 2, 10, and 100 year flows. 8. The developer shall submit to the Kalispell Public Works Department prior to construction, a city storm water management 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. (Kalispell Design and Construction Standards) 9. Where any public infrastructure has not been completed and accepted by the City of Kalispell a subdivision improvement agreement and a proper bond for unfinished work as provided for in appendix E of the Kalispell Subdivision Regulations shall be provided to address the unfinished work. (Kalispell Design and Construction Standards) 10. A 60-foot road and utility right-of-way shall be extended from Paintbrush Court and Mariposa Court in phase 1A to the north property boundary of the subdivision. (Findings of Fact Section D) 11. A combination of landscaping and curbing shall be placed at the intersection of the alley serving the townhouse lots in phase 1B and Treeline Road to prevent non emergency vehicle traffic from entering the alley from Treeline Road. The location and type of landscaping and curbing shall be reviewed and approved by the Public Works Department and Fire Department. (Findings of Fact Section D) 12. 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) 13. A noise study shall be completed prior to the final plat approval of phase 1A. The noise study shall show how a noise level of 60 dBA at the property boundary for the Z-lots (lots 9- 18) and lot 107 can be achieved. The proposed mitigation measures contained in the noise study shall be reviewed and approved by the city staff and implemented prior to the final plat of phase 1A. (Findings of Fact Section A) Note: This condition may result in the loss of one or more of the proposed multi -family buildings or require submission to the city for an amended PUD site plan. 14. A letter from the Montana Department of Transportation shall be provided stating that the bypass right-of-way shown on the final plat is adequate for the construction of the future highway bypass. (Findings of Fact Section D) Note. The location of the highway bypass right-of-way may affect the western boundary line of the proposed subdivision, which may in turn affect the number of proposed lots or condominium units. 15. The developer shall obtain permission to construct and maintain the earth berm located within the future right-of-way area on the west side of phase 1A. The earth berm shall be constructed to accommodate a future bike trail and connections to adjoining streets or trails within phase 1A. (Findings of Fact Section D) 16. A temporary turn around meeting International Fire Code standards shall be installed at the southern terminus of Foxglove Drive. (Findings of Fact Section A) 17. 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 required fire flows shall be installed per City specifications at approved locations. Fire flows shall be in accordance with International Fire Code, 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 Chapter 5. d. Street naming shall be approved by the Fire Department. e. Addressing shall comply with the International Fire Code and Kalispell Fire Department Standard operating Guidelines. f. Required fire flows shall be verified and approved by the Kalispell Fire Department prior to combustible construction. 18. A letter shall be obtained from the Parks and Recreation Department 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). Note: Rocks in the landscape boulevard are prohibited. 19. The approved parks improvement plan for the two tot lots and health and fitness trail (if applicable), open space landscaping and irrigation plan, and bike/pedestrian plan shall be completed prior to the final plat or bonded for. (Findings of Fact Section D) Note: The health and fitness trail shall be located with an open space area approximately 20 feet wide. 20. The roads 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) 21. 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. (Kalispell Subdivision Regulations, Section 3.18) 22. 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 marl delivery site. The email delivery site shall be designed in accordance with section 3.22 of the Kalispell Subdivision Regulations and installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The marl delivery site shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22) 23. 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 (Kalispell Subdivision Regulations, Section 3.18(E)) 24. The developer shall obtain the necessary permits from the Bonneville Power Authority (BPA) for construction of the stormwater detention pond and parking lot as shown on the conceptual PUD site plan. (Project proposal) Ono�ng conditions: 25. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 26. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 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 21ST DAY OF APRIL, 2008. ATTEST: An9 Theresa white City Clerk