Resolution 5283 - Preliminary Plat - Legends Court SubdivisionRESOLUTION NO.52S3
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
LEGENDS COURT SUBDIVISION, MORE PARTICULARLY DESCRIBED AS
ASSESSOR'S TRACTS 8T1 AND 8T11 IN SECTION 18, TOWNSHIP ZS NORTH, RANGE
21 WEST, P.M.M., FLATHEAD COUNTY, VIONTANA,
WHEREAS, Tracy Gardner, owner of the certain real property described above, has petitioned for
approval of the Subdivision Plat of said property, and
WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section
2.05 (Preliminary Plat Process -Minor Subdivision), Subdivision Regulations of the
City of Kalispell, and
WHEREAS, the, Kalispell Planning office has reviewed the proposed subdivision and made a
report (#KSR-08-1) to the City Council of the City of Kalispell, said report
considering the criteria set forth in Section 76-3-608 MCA, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of June 16,
2008, reviewed the Kalispell Planning office Report #KSR-08-1, 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
#KSR-08-1 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Tracy Gardner for approval of the Preliminary Plat of
Legends Court Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
General 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. A variance shall be granted to allow a 10-foot non-exclusive access and utility easement along
the east side of all three lots abutting Fourth Avenue west to serve as a pseudo public right-of-
way in lieu of a dedicated right-of-way.
3. The access design for the lots shall meet the provisions outlined in Chapter 5 of the
International Fire Code regarding fire service features and the design shall be reviewed and
approved by the Kalispell Fire Department. Prior to combustible construction, all-weather
driving surfaces, water supply infrastructure, hydrants and street signs need to be in place.
(FINDINGS of FACT, Section A — Fire and Access)
4. Prior to anv excavation or earthwork, a City Stormwater Management Permit shall be approved
and issued from the Kalispell Public works Department. In accordance with ordinance 1600,
the permit shall include a permit application, site map, narrative describing the best
management practices to be used and a completed checklist. At the time of final plat, the
developer shall certify that the development is in compliance with the approved City
Stormwater Management Permit. (ordinance 1600 and FINDINGS of FACT, Section C -
Drainage)
Prior to Final Plat
5. Demonstrate that the existing buildings on the property that are to be retained comply with the
setback requirements of the R-4 zoning district. Buildings not intended to be retained shall be
removed prior to final plat. (FINDINGS OF FACT, Section F —Compliance with Zoning)
6. The 10--foot easement. along Fourth Avenue west shall include a minimum five foot sidewalk,
boulevard and street trees as approved by the Kalispell Public works and Parks and Recreation
Departments. A plan shall be approved by each department and the improvements installed
prior to final plat or adequately bonded for. (FINDINGS of FACT, Section A ----- Access and
Kalispell Subdivision Regulations, Appendix A)
7. The tree located on Lot 1 shall be replaced if the sidewalk cannot be placed outside of a three
foot buffer from the trunk of the tree. The replacement tree shall be an approved species and
meet the International Society of Arborist (ISA) standards.
8. Submit a scaled parking plan for Lot 3 with the existing house. The plan shall provide a paved
driveway and a minimum of two off-street parking spaces in accordance with the Kalispell
Zoning Ordinance. The parking spaces may not extend into the 10-foot sidewalk easement
abutting Fourth Avenue West. The plan shall be reviewed and approved by the Planning
Department. (FINDINGS OF FACT, Section A —Parking)
Note: The parking plan is encouraged to use the rear portion of lots 1 and 3 to accomplish a
house oriented street design.
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9. That the shared co... mmon road and utility easement located between lots 1 and 3 shall provide
access for all three lots. The easement shall be non-exclusive and encompass the full extent of
the flag portion of Lot 2 to ensure lots 1 and 3 have full access along the east and west portion
of the lots. The access road shall be paved and shall be constructed to a minimum 14-foot
width. (FINDINGS of FACT, Section A — Access)
10. A maintenance agreement for the private drive access and utility easement shall be developed
and reviewed by the Kalispell Planning Department prior to final plat for the subdivision. The
agreement shall include provisions for paving, maintenance, snow removal, etc. The owner
shall record the agreement with the filing of the final plat. (FINDINGS OF FACT, Section A
Access)
11. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
12. That a note shall be placed on the face of the final plat which waives protest to the creation of a
special improvement district for the future upgrade of Fourth Avenue West (Kalispell
Subdivision Regulations Section 3.09, (J))
On-2oin2 Conditions
13. 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 16TH DAY OF JUNE, 2008.
M. Duane Larson
Council President
ATTEST:
Theresa White
City Clerk