Resolution 5868 - FAILED - Preliminary Plat - Peterson05-07-18
FAILED ON TIE VOTE
RESOLUTION NO.5868
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
PETERSON SUBDIVISION, MORE PARTICULARLY DESCRIBED AS PARCEL B OF
CERTIFICATE OF SURVEY 2652 IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21
WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Jeremy Peterson, the 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
28.02.07 (Preliminary Plat Process — Minor Subdivision) of the Subdivision
Regulations of the City of Kalispell; and
WHEREAS, Planning Board staff has reviewed the proposed Subdivision and made a report
(KPP-18-06) to the City Council of the City of Kalispell, said report considering the
criteria set forth in Section 76-3-609 MCA; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of May 7, 2018,
reviewed the Kalispell Planning Department Report #KPP-18-06, 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 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-18-06 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Jeremy Peterson for approval of the Preliminary Plat
of Peterson Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
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.
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
3. 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. 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.
4. 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
Storm Water Discharge Associated with Construction Activities.
5. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
6. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction.
7. College Avenue shall be upgraded to an urban standard in accordance with the City of Kalispell
Construction and Design Standards the length of the property. Upgrades include curb and
gutter, sidewalk street trees and boulevard.
8. A 10' road reserve shall be dedicated to the City of Kalispell along College Avenue the entire
length of the subdivision.
9. 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.
10. 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.
11. 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
12. 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.
13. 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 be
provided to the Kalispell Parks and Recreation Department.
14. A cash in lieu of parkland in the amount of .03 acres per dwelling unit shall be provided. The
cash payment will be based off of the fair market value of undivided, unimproved land prior
to final plat approval.
15. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
16. All utilities shall be installed underground.
17. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
18. Basements are prohibited within the subdivision due to high groundwater.
19. Foundation drains and emergency sump pumps shall be installed at all residences that contain
a crawl space.
20. A variance to Section 28.3.11(G) of the Kalispell Subdivision Regulations shall be granted
waving the requirement that no lot shall have an average depth greater than three times its
average width unless the average lot width is greater than 200 feet.
SECTION 3. 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 7TH DAY OF MAY, 2018.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor