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Resolution 4784/Preliminary PlatRESOLUTION NO.4784 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF BLUE HERON ESTATES SUBDIVISION, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Charles and Michelle Lapp, the owners of 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 8, 2003, on the proposal and reviewed Subdivision Report #KPP-03-2 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Blue Heron Estates Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 5, 2003, reviewed the Tri-City Planning Office Report #KPP-03-2, 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 Tri-City Planning Office Report #KPP-03-2 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Charles and Michelle Lapp for approval of the Preliminary Plat of Blue Heron Estates Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. 3. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. 4. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City Standards. 5. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation director. 6. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. 7. That the developer obtain a letter from the Montana Department of Transportation approving the intersection of the new internal roadway and Three Mile Drive and certifying that any necessary improvements have been made. 8. That the developer obtain a letter from the Flathead County Road Department approving the intersection of Stillwater Road and the new internal subdivision road and shall include a post construction inspection that certifies any necessary improvements have been made. 9. That a minimum 20 2-5 foot buffer strip shall be established between Three Mile Drive and Stillwater Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of a landscape berm, sight obscuring fencing and or landscaping. These improvements to be coordinated with the Public Works Department, Parks and Recreation Department and Flathead County. 10. 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. 11. The dead-end street shown at the northern end of the internal subdivision road shall be eliminated and reconfigured to connect with the east west roadway. 12. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. 13. That the parkland dedication requirements shall be one -ninth of 11 percent of the area in lots or 2.2 acres. The park areas as indicated on the plat will meet the requirement provided some recreational amenities are provided to the site such as play equipment and irrigation. Additionally, a maintenance agreement for the park areas shall be included with the final plat. 14. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 15. That the lots within the subdivision be reconfigured so that all lots meet the minimum 70- foot lot width requirements of the R-2 zoning district and the minimum lot size requirements of 9,600 square feet exclusive of any easements. 17. Any development in the 100-year floodplain shall be required to obtain a floodplain development permit prior to construction. 18. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision shall be completed prior to final plat submittal. With the filing of the final plat for each phase, an addition three-year extension shall be automatically granted for subsequent phases. 19. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 20. That preliminary approval shall be valid for a period of three years from the date of approval. 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 5TH DAY OF MAY, 2003. ATTEST: Theresa White City Clerk EXHIBIT "A" Lot 2 of Vogler Subdivision No. 2, amended Plat of Vogler Subdivision and Subdivision No. 204 located in SE 1/4 SSE 1/4 Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Description A tract of land in SE 1/4 SE 1/4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the northeast corner of the SE 1/4 of said Section 2; thence S 00°47'03" W, 1353.59 feet to the northeast corner of Subdivision No. 204, records of Flathead County, said corner being the True Point of Beginning of the tract of land herein described; thence along the boundaries of said Subdivision No. 204 the following two courses: S 89048' 15" W 1312.45 feet and S 00°35' 18" W 574.42 feet to the northwest corner of Vogler Subdivision, records of Flathead County; thence along the boundaries of said Vogler Subdivision the following two courses: S 00°37'00" W 660.06 feet and N 89°52'37" E 330.08 feet to the southwest corner of said Subdivision No. 204; thence along the boundaries of said Subdivision No. 204 the following four courses: N 89°56'02" E 275.73 feet; N 00°45'49" E 615.20 feet; S 89°21'59" E 702.94 feet and N 00°46'33" E 630.56 feet to the point ofbeginning containing 27.315 acres more or less, being subject to and together with all appurtenant easements of record. The above described tract of land is to be known and described as "Vogler Subdivision No. 2." Description: Parcel "A" (Flathead County Search and Rescue to Lapp): A tract of land in SE 1/4 SE 1/4 of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the northwest corner of Vogler Subdivision, records of Flathead County; thence along the boundaries of said Vogler Subdivision the following two courses: N 89°53' 12" E 330.09 feet and S 00°37'03" W 330.00 feet; thence S 89°53' 12" W 330.09 feet to a point on the west boundary of said Vogler Subdivision; thence N 00°37'03" E 330.00 feet to the point of beginning containing 2.500 acres more or less, being subject to and together with all appurtenant easements of record.