Resolution 4933/Preliminary PlatRESOLUTION NO.4933
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
STILLWATER BLUFFS SUBDIVISION, MORE PARTICULARLY DESCRIBED AS
ASSESSOR'S TRACTS 5H AND 5HA IN SECTION 31, TOWNSHIP 29 NORTH, RANGE 21
WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Larry and Sandy Heuscher, the owners 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
August 10, 2004, on the proposal and reviewed Subdivision Report #KPP-04-10
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 Stillwater Bluffs Subdivision, subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of September
7, 2004, reviewed the Tri-City Planning Office Report #KPP-04-10, 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 L That the Findings of Fact contained in Tri-City Planning Office Report
#KPP-04-10 are hereby adopted as the Findings of Fact of the City Council.
SECTION 11. That the application of the Heuschers for approval of the Preliminary Plat of
Stillwater Bluffs Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
1. Development of the subdivision shall be platted in substantial compliance with the approved
preliminary plat which governs the number and location of lots within the subdivision, common
areas and roadways.
2, All of the public infrastructure shall be constructed in accordance with the Kalispell Standards
for Design and Construction and the Kalispell Subdivision Regulations with the exception of the
roadway which shall be designed and constructed in accordance with an alternative plan
approved by the Kalispell Public Works Department and the Kalispell City Council. A letter
from the Kalispell Public Works Department shall be submitted stating that the plans and
specifications for the subdivision have been reviewed and approved by that department for
compliance with City standards.
3. A letter from an engineer licensed in the State of Montana shall be submitted at the time of final
plat certifying that the improvements have been installed according to the required
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specta cat�v is a�vlig w «t a ester trun1 the �,awipets ruoltc works Department stating that the
required improvements have been inspected and comply with the City standards.
4. That a Municipal Facilities Exemption shall be obtained from the Department of
Environmental Quality for the subdivision.
5. That the developer shall obtain written approval for the proposed extension of Country Way
South from the County Road Department and any conditions or improvements associated with
the approvals be completed prior to final plat submittal.
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
approved by the Kalispell Fire Department prior to final plat submittal.
The developer shall provide a plan for mail service approved by the U.S. Postal Service.
Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties.
9. In consultation with the Kalispell Parks and Recreation Director, the parkland dedication
requirements shall be met with a combination of land and park improvements within the area
designated on the plat as the homeowners' park. A specific plan shall be developed for those
improvements and written approval shall be obtained from the Kalispell Parks and Recreation
Director. Those improvements shall be made prior to the submittal of the final plat application
or bonded for in accordance with the provisions of the Kalispell Subdivision Regulations,
10. That a minimum five Foot landscape buffer be placed between the curb and the sidewalk which
shall be landscaped in accordance with a plan reviewed and approved by the Kalispell Parks and
Recreation Director.
11. All utilities shall be installed underground.
12. That the following shall be reviewed and approved by the Kalispell Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed at approved
locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997)
Appendix III -A.
b. Fire hydrants shall be provided 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.
13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
14. That a homeowners association be established for the maintenance of the common area based
upon a pro-rata share of costs.
15. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free
mix immediately after development.
16. Proposed Lots 20A and 20B be renumbered as 20 and. 21 and a note be placed on the face of the
final plat that denotes their purpose, i.e. "Lot 20 shall be developed with a single family
residence and Lot 21 shall be used for storage of equipment for common area maintenance."
Alternately, Lot 20B can be eliminated all together and made part of the common area if the sole
purpose of the lot is to provide a storage shed for maintenance equipment for the common area.
12. A note shall be placed on the face of the final plat, which states, "Property owners waive protest
to the creation of a special improvement district for the upgrade of roads in the area to City
standards which would be impacted by this subdivision."
18. That preliminary approval shall be valid for a period of three years from the date of approval.
SECTIONN 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
ATTEST:
-Theresa White
City Clerk