Resolution 4999/Preliminary PlatRESOLUTION NO.4999
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF LONE
PINE SUBDIVISION, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
LOCATED IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, Lone Pine Development, LLC, the owner of the certain real property described on
Exhibit "A", 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
March 8, 2005, on the proposal and reviewed Subdivision Report #KPP-05-2 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 Lone Pine Subdivision, subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of April 4,
2005, reviewed the Tri-City Planning Office Report #KPP-05-2, 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-05-2 are hereby adopted as the Findings of Fact of the City Council.
SECTION II, That the application of Lone Pine Development, LLC for approval of the
Preliminary Plat of Lone Pine Subdivision, Kalispell, Flathead County,
Montana is hereby approved subject to the following conditions:
L That 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 PUD as approved by the city council. (Kalispell Subdivision Regulations,
Appendix C — Final Plat)
2. That covenants, conditions, and restrictions for the subdivision shall be amended to reflect a
provision for the private conservation and maintenance of common areas and the private
internal roadways that are proposed for the townhouses. Setbacks for the townhouses accessed
via an interior street shall be measured from the edge of the roadway and shall be 20 feet in the
front and rear and five feet on the sides with the exception of the zero lot line required to
achieve the townhouse configuration. (Site Development Review Committee)
3. At the time of final plat a provision shall be made for the pro-rata share of ownership of the
common area for taxation purposes_
4. That the development of lots in the PUD shall be subject to architectural review as outlined in
the application and supporting materials and a letter be submitted to the Kalispell Site
Development Review Committee from the Architectural Review Committee of the
homeowners association prior to the issuance of a building permit. (Site Development Review
Committee)
5. That permits be obtained from the Flathead Conservation District, Montana Department of
Natural Resources and the Montana Department of Environmental Quality for work done along
the creek channel or a letter from those agencies stating that the scope of work does not require
permitting. (FCCD / DNRC)
6. That the plans and specifications for all public infrastructure be designed and installed in
accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision
Regulations. A letter shall be obtained stating that they have been reviewed and approved by
the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design
Standards, Section 3.01.).
7. That an easement shall be obtained from the adjoining property owner to the east granting the
right to develop the proposed 60 foot right-of-way or other demonstration of property
acquisition for road and utility purposes and once completed dedicated to the City of Kalispell
as a public roadway. (Kalispell Subdivision Regulations, Section 3.08 (A)).
8. That a minimum 10-foot buffer shall. be established.between the northern tier of townhouses
and the property boundary to provide screening and buffering for the properties to the north and
the southwest. This shall be in the form of berming, landscaping, :fencing, or a combination
thereof. These improvements are to be coordinated with the Kalispell Public Works
Department and the Parks and Recreation Department.
9. 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
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. Secondary emergency vehicle access shall be provided in accordance with International Fire
Code (2003) Chapter 5 and Kalispell Subdivision Regulations.
e. It should be noted that hazardous weed abatement shall be provided in accordance with City
of Kalispell Ordinance 10-8.
f. Street naming shall be approved by the fire department.
1.0. That a letter be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the five foot
landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision
Regulations, Section 3.11).
1.1. That the area designated on the plat as "park" shall meet the requirements for parkland
dedication and shall be developed in accordance with a plan approved by the Kalispell Parks
and Recreation Director that provides recreational amenities including but not limited to
pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational
component within the development and not simply left as passive open space. (Kalispell
Subdivision Regulations, Section 3.19).
12. That a detailed floodplain study be completed and accepted by FEMA determining the base
flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet
of the 100 year floodplain as currently indicated on the FIRM panels shall be platted prior to the
completion and acceptance of the study area. Alternatively, the developers may obtain a
LOMA or other documentation from FEMA stating that the property is not in the 100 year
floodplain, whichever is applicable and required by that agency.
13. That a floodplain development permit be obtained from the City of Kalispell after the FEMA
study has been completed and accepted for the proposed creek crossing.
14. 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).
15. That a 60 foot right of.way be provided between the subdivision and Learn Lane to allow for a
through access.
16. An approach permit be obtained from the Flathead County Road Department for the new
approach off of Valley View Drive and access from Learn Lane and any improvements to those
roadways required by the County be completed prior to final plat submittal. A letter from the
Flathead County Road Department shall be submitted with the final plat stating that a post
construction inspection has been done or that the proposed bonding for improvements is
acceptable.
17. That a note be placed on the face of the final plat that waives protest to the creation of special
improvement districts for the upgrade of roads in the area to City standards which may be
impacted by this development.
1.8. At the time of pre -construction review the developer shall demonstrate that an easement or
property has been acquired to develop the proposed roadway across private property off -site to
the east that connects to Valley View Drive and that the easement encompasses the nature and
intensity of the use that will result from the development of the subdivision. (Kalispell
Subdivision Regulations 3.08)
1.9. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
20. 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)).
21. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
22. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
23. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
2.4. That a development agreement be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site.
25. That preliminary plat approval for the first phase of the planned unit development shall be valid
for a period of three years from the date of approval with an automatic three-year extension as
each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision
Regulations, Section 2.04).
SECTION 111. 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 APRIL, 2005.
Pamela B. Kenndy
Mayor
ATTEST:
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Theresa White
City Clerk
EXHIBIT A
LONE PINE ESTATES
STAFF REPORT #KA-05-03
Legal Description
That portion of the Southwest x/4 Southeast 'A Section 13, Township 28
North, Range 22 West, Flathead County, Montana Described as follows:
Commencing at the South x/� corner of Section 13; thence along the South
line of Section 13 North 89°5748" East. 294.26 feet to the point of
beginning; thence continuing along the South line North 89°5748" East
1020.41 feet; thence North 0°00'23" West 889.98 feet to the Southeast
corner of Lot 11 as shown on instrument recorded in Book 466, Page
498, records of Flathead County; thence along the South line of those
parcels shown on instrument recorded in Book 466, Page 498, records of
Flathead County South 89a34'25" West 1160.00 feet to the Easterly line
of a County Road; thence along the Easterly line South 6°30'00" West
586.62 feet; thence South 79'06'10" East 2 13. 10 feet; thence South
0°42'20" West 258.89 feet to the point of beginning, containing 23.165
acres of land.
Legal Descri tion for 60' Access Easement to ]Gone Pine Estates
Subdivision
An easement situated, lying and beginning in the SE 1 / 4 of the SE 1 / 4 of
Section 13, Township 28 North, Range 22 West, Principal Meridian,
Flathead County, Montana, and more particularly described as follows:
Commencing at a point 33.69 feet South 00005'56" West of the northwest
corner of Tract 2 as indicated on COS 16326 recorded in Flathead
County, Montana to the true point of *beginning; thence South 00°00'23"
East for a distance of 87.15'; thence North 43°30'01" East for a distance
of 137.19 feet; thence along a curve to the East 56.72 feet, radius 70'
with a delta angle of 46°25'26"; thence North 89'48'31" East for a
distance of 349.35 feet North 20'0100" West for a distance of 63.78 feet;
thence South 89°48'31" West for a distance of 328.26 feet; thence along a
curve to the Southwest 104.68 feet, radius 130 feet with a delta angle of
46°07'58"; thence South 43°30'01" West for a distance of 73.98 feet back
to the true point of beginning.