Resolution 5130/Preliminary PlatRESOLUTION NO.5130
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
CEDAR COMMONS, MORE PARTICULARLY DESCRIBED AS LOT A OF THE
AMENDED PLAT OF LOTS 1, 2, 3, AND 4 OF BLOCK 1, RYK.ER ADDITION TO
KALISPELL AND LOTS 5, 6 AND 7 AND THE ABANDONED ALLEY OF BLOCK 1,
RYKER ADDITION TO KALISPELL, LOCATED IN SECTION 1.7, TOWNSHIP 28
NORTH, RANGE 21. WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Beargrass Holdings, LLP, the owner 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
July 11, 2006 on the proposal and reviewed Subdivision Report #KPP-06-5 issued by
the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Cedar Commons subject to certain conditions and
recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of August 7,
2006, reviewed the Kalispell Planning Department Report #KPP-06-5, 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-06-5 are hereby adopted as the Findings of Fact of the City Council..
SECTION II. That the application of Beargrass Holdings, LLP for approval of the
Preliminary Plat of Cedar Commons, Kalispell, Flathead County, Montana is
hereby approved subject to the following conditions:
1. That the development of the site shall be in substantial compliance with the preliminary plat.
(Kalispell Subdivision Regulations, Appendix C — Final Plat)
2. The project site's frontage along Third Avenue East shall be improved in accordance with the
City of Kalispell's Standards for Design and Construction and Montana Public Works
Standards, and shall be certified by an engineer licensed in the State of Montana. All work
shall be reviewed and approved 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 sidewalk and shall be installed along Third
Avenue East. New infrastructure along Third Avenue East shall tie into the existing street
infrastructure. (Kalispell Design and Construction Standards)
3. The developer shall submit to the Kalispell Public Works Department 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 improvements have been built as designed and approved. (Kalispell Design and
Construction Standards)
4. The developer shall submit to the Kalispell Public Works Department an erosion/sediment
control plan for review and approval. Prior to final plat, the approved plan shall be
implemented. (Kalispell Design and Construction Standards)
5. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell. (Kalispell Design and Construction
Standards)
6. The following requirements shall be met per the Kalispell 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 the
International Fire Code (2003).
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).
7. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section,
3.1.7).
S. A homeowners association shall be established for the maintenance of the landscaping in the
boulevard along Third Avenue East and the common area, including but not limited to, the
stormwater surge tanks, landscaping, parking lot and sidewalks. (Findings of Fact, Section
D)
9. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
1.0. Prior to filing the final plat a letter from the U.S. 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 plans to be reviewed by the
Public Works Department. (Kalispell Subdivision Regulations, Section 3.22).
11. Cross easements shall be recorded on the common area lot for ingress/egress and parking for
each of the six sublots and to allow future connections to parking; lots or drive aisles to the
property immediately south.
1.2 . That preliminary approval shall be valid for a period of three years from the date of approval.
(Kalispell Subdivision Regulations, Section 2.04)
SECTION Ill. 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 AUGUST, 2006.
Pamela B. Kenned
Mayor
ATTEST:
t -
,-. ziL�,2�1'
Theresa White
City Clerk