Resolution 4651/Preliminary Plat2381
RESOLUTION NO. 4651
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
MUSKRAT SLOUGH SUBDIVISION, AS MORE PARTICULARLY DESCRIBED AS
ASSESSOR'S TRACTS 7N AND 70H LOCATED IN SECTION 20, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Tim Birk, the owner of certain real property described
above, has petitioned for approval of the Subdivision
Plat of said property, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission held a public hearing on August 14, 2001, on
the proposal and reviewed Subdivision Report #KPP-01-1
issued by the Tri-City Planning Office, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission has recommended approval of the Preliminary
Plat of Muskrat Slough Subdivision, subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular
Council Meeting of September 4, 2001, reviewed the Tri-
City Planning Office Report #KPP-01-1, reviewed the
recommendations of the Kalispell City -County 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-01-1 are
hereby adopted as the Findings of Fact of the
City Council.
SECTION II. That the application of Tim Birk for approval
of the Preliminary Plat of Muskrat Slough
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 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 roads and
include the pavement, curbs, gutters, storm drainage,
sidewalks and a minimum five foot landscape boulevard with
i street trees placed in accordance with a plan approved by the
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4. That a Certificate of Subdivision Approval be obtained from
the Department of Environmental Quality and written approval
by the Kalispell Public Works Department approving the water
and sewage facilities for the subdivision..
S. 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.
6. That the developer obtain all necessary storm water discharge
permits from the federal, state and local jurisdictions, which
may have review authority over the waterway.
7. That Lots 2 and 3 be accessed from Russell Drive and that Lot
1 shall be accessed from Muskrat Drive.
8. That an easement be extended between the northern boundary of
the subdivision to Kelly Road which facilitates future access
to water and sewer for the remainder parcel to the east and a
loop water system.
9. 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.
10. The developer shall provide a plan for mail service approved
by the U.S. Postal Service.
11. Street lighting shall be located within the subdivision and
shall be shielded so that it does not intrude unnecessarily
onto adjoining properties.
12. That the parkland dedication requirements shall be met with
cash in lieu of parkland in the amount of one ninth of the
4.90 area devoted to lots based on a value of $15,000. per
acre in the amount of $8,085.
13. All utilities shall be installed underground.
14. That the fire access and suppression system comply with the
Uniform Fire Code and a letter from the Kalispell Fire
Department approving the access and number and placement of
fire hydrants within the subdivision shall be submitted with
the final plat. The fire access and suppression system shall
be installed and approved by the fire department prior to
final plat approval.
15. That a minimum of two-thirds of the necessary infrastructure
for this subdivision shall be completed prior to final plat
submittal.
16. That a homeowners association be established for the M
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19. 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 4TH DAY OF SEPTEMBER, 2001.
ATTEST:
Theresa White
City Clerk
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'AIM M
Wm. E. Bohars z
Mayor
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