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Resolution 5207/Preliminary PlatRESOLUTION NO.5207 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF ASHLEY PARK PHASE 9, MORE PARTICULARLY DESCRIBED AS A PORTION OF TRACT 4 IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Somers Land Company, 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 May 8, 2007 on the proposal and reviewed Subdivision Report #KPP-06-16, 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 Park Phase 9 subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of June 4, 2007, reviewed the Kalispell Planning Department Report #KPP-06-16, 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-06-16 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Somers Land Company for approval of the Preliminary Plat of Ashley Park Phase 9, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: General Conditions: That the development of the site shall be in substantial compliance with the application submitted, 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) 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). 3. Prior to a_y 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. In addition to the City Stormwater Management .................... .................. ....... ......... Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and Findings of Fact Section C) Prior to final plat: 4. A noise study shall be completed prior to the final plat approval. Somers Land Company may cooperate with the Montana Department of Transportation in this process to mitigate noise. The noise study shall show how a noise level of 60 dBA at the western property boundary of the subdivision can be achieved. The proposed mitigation measures contained in the noise study shall be reviewed and approved by city staff and implemented prior to final plat approval. Note: This condition may result in the loss of one or more of the proposed lots shown on the preliminary plat. Reasonable bike and pedestrian access shall be provided from the subdivision site to the bike path located along the future highway bypass. (Findings of Fact Section A) 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 and shall be certified in writing by an 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, project proposal) 6. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell'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 as designed and approved. (Kalispell Design and Construction Standards) 7. The developer shall submit to the Kalispell Public Works Department for review and approval, a stormwater 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) 8. 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. (Kalispell Design and Construction Standards) 9. Mallard Drive shall be improved as follows: a. A 60-foot wide public road and utility easement shall be shown on the final plat and extend to the eastern boundary of the subdivision. b. New infrastructure including but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks shall be installed to the eastern boundary of the subdivision. c. The 10-foot developers latecomers reserve easement shall be removed. (Findings of Fact Section D) 10. A 10-foot wide public utility easement shall be dedicated to the City of Kalispell from the edge of the road right-of-way for Pintail Court east to the eastern boundary of the subdivision site. The 10 foot wide public utility easement shall be located in the general area of lots 7A and 7B. (Kalispell Planning Board) 11. 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 minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) 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 (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking fire lane." 12. 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 provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11) 13. A bike/pedestrian path easement,l2-feet wide, shall be shown on the final plat in the general area of lots 17 and 18 and 10A and 10B. a. A bike/pedestrian path shall be constructed from the edge of the sidewalks along Pintail Court and Mallard Court and extend west to the western boundary of the subdivision. b. The bike/pedestrian path shall be a minimum width of 8 feet. C. The 8-foot bike/pedestrian path shall be included in the infrastructure plans reviewed by the Public Works Department. (Findings of Fact Section A) 14. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland equal to 1.02 acres of land. The payment shall be based on the fair market value of undivided, unimproved land. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Section D). 15. The road 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). . 16. 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) 17. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved 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. (Kalispell Subdivision Regulations, Section 3.22) 18. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)) 1.9. A geotechnical report shall be provided to the building department at the end of the site grading showing the areas where fill material has been utilized and have been properly compacted. (Findings of Fact Section A) 20. A note shall be placed on the final plat prohibiting the installation of basements within the subdivision. (Findings of Fact Section C) 21. 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)) 22. A homeowners association for the subdivision shall be created that includes a provision for the maintenance of the bike paths, stormwater pond, and the open space areas within the subdivision. The maintenance provisions in the homeowners association shall include mowing or trimming the grasses within the common area to reduce the fire hazard and spread of noxious weeds. (Findings of Fact Sections A and C) 23. The developer shall install landscaping along the east side of the utility site shown on the preliminary plat. The landscaping shall be installed between the sidewalk and security fencing for the site. The landscaping shall consist of bushes or shrubs with a minimum mature height of 6 feet. The landscaping plan shall be reviewed and approved by the Kalispell Parks and Recreation Department and Kalispell Planning Department. (Findings of Fact Section D) 24. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat approval. (Findings of Fact Section A) On going 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. 27. All sublots shown the final plat shall be restricted to townhouse development. (Findings of Fact Section G) 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 4TH DAY OF JUNE, 2007. Pamela B. KennQ0y Mayor ATTEST: //0-f 4j-el- Theresa White City Clerk