Resolution 5126/Preliminary Plat, Phase 5RESOLUTION NO.5126
A RESOLUTION APPROVING CERTAIN REVISIONS TO THE PRELIMINARY PLAT
OF EMPIRE ESTATES PHASE 5, MORE PARTICULARLY DESCRIBED AS A PORTION
OF ASSESSOR'S TRACT 3 OF EMPIRE ESTATES LOCATED IN THE SOUTHWEST 1/4
OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA.
WHEREAS, the City Council of the City of Kalispell passed Resolution 4806 on July 7, 2003,
approving the preliminary plat for Empire Estates Subdivision, subject to certain
conditions, and
WHEREAS, the City Council of the City of Kalispell passed Resolution 5010 on June 20, 2005,
which amended the preliminary plat for Empire Estates Phases 4-6 by converting 21
single family lots to 34 two -unit townhouse lots, and
WHEREAS, the Developer now desires to make certain revisions to the preliminary plat of Empire
Estates Phase 5, namely, by creating seven additional lots, and
WHEREAS, these revisions are considered to be major revisions to the preliminary plat and
therefore necessitated the project going before the Kalispell City Planning Board for
a third time, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
June 13, 2006, on the proposal and reviewed Subdivision Report #KPP-06-4 issued
by the Kalispell Planning Office, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the amendment of the Preliminary Plat of Empire Estates Phase 5, subject
to certain amended conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 3,
2006, reviewed the Kalispell Planning Office Report #KPP-06-4, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the evidence, that the amendment to the Preliminary Plat 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 Office Report
#KPP-06-4 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Wayne E. Turner for amendment of the Preliminary
Plat of Empire Estates Subdivision, Phase 5, Kalispell, Flathead County,
Montana is hereby approved subject to the following amended conditions:
Development of the subdivision shall be platted in substantial compliance with the
preliminary plat as amended and approved which governs the location of lots and
roadways within the subdivision.
2. 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 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 all new streets within the subdivision. (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. 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)
5. The roads 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.
(Kalispell Subdivision Regulations, Section 3.09)
6. A homeowners park shall be shown in the area of lots 3, 4 and 5 in Block 15. The park
shall be a minimum size of 16,000 square feet. (Findings of Fact, Section D)
7. A bike/pedestrian path easement, 20-feet wide, shall be shown on the final plat
a. The bike/pedestrian path shall be constructed out of concrete and be a minimum
width of 10 feet.
S. A homeowners association shall be created for the maintenance of the park and
bike/pedestrian path. (Findings of fact, Section D)
9. 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 plans to be
reviewed by the Public Works Department. (Kalispell Subdivision Regulations, Section
3.22).
10. 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
Uniform Fire Code (1997) Appendix III -A.
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 Uniform Fire Code
(1997) Article 9.
11. The required boulevards for streets within the subdivision shall be a minimum of 5 feet
wide and a payment in lieu of landscaping provided to the Department of Parks and
Recreation for the installation of street trees and seeding of the boulevard. (Findings of
Fact Section D)
12. Street lighting shall be located within the subdivision and shall be shielded so that it does
not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations
Section 3.09(L))
13. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17).
1.4, That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
15. All areas disturbed during development of the subdivision shall be re -vegetated with a
weed -free mix immediately after development.
16, The following note shall be placed on the final plat: "Property owner(s) are responsible
for the boulevard strip for the length of their property boundaries. Responsibilities
include watering and snowing of the grass within the boulevard. Removal of grass or
trees within the boulevard is prohibited unless approved by the Kalispell Department of
Parks and Recreation." (Findings of Fact Section D)
1.7. The preliminary plat approval shall be valid for a period of three years from the date of
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 3RD DAY OF J_U�; 2 61
g
Pamela B. KenneCy
ATTEST: Mayor ,
Theresa White
City Clerk