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Resolution 4872/Preliminary PlatRESOLUTION NO.4872 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF NORTHLAND SUBDIVISION, MORE PARTICULARLY DESCRIBED AS A 30.39 ACRE PORTION OF ASSESSOR'S TRACT 1CA LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Highland Development, LLC, the owner of the certain real property described above 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 9, 2004, on the proposal and reviewed Subdivision Report #KPP-04-2 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 Northland Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of April S, 2004, reviewed the Tri-City Planning Office Report #KPP-04-2, 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-04-2 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Highland Development, LLC for approval of the Preliminary Plat of Northland Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 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 plans and specifications for all public infrastructure be designers and installed in accordance with the Kalispell Design and Construction Standards and 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). 3. 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 Ill -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. d. Regarding proposed street names; Ashley Drive exists in the south area of town. An alternate street name shall be provided. e. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. 4. 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). 5. That the area designated on the plan as "park" 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 irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. The park development may be used as all or in part as satisfying the one -ninth parkland dedication requirements for the entire development depending on the ultimate total area in lots and the investment made in park improvements. (Kalispell Subdivision Regulations, Section 3.19). 6. That a provision be made for the extension of the proposed roadway through proposed Lot 52 to provide access to the adjoining subdivision to the southwest, Empire Estates. (Kalispell Subdivision Regulations, Section. 3.04). 7. A traffic analysis shall be performed under the Montana Department of Transportation systems impact process that assesses this development's impacts to the transportation systems in the immediate area. This would be a single comprehensive study covering the multiple jurisdictions of the City, County and State road systems and would identify needed improvements to roadways impacted by this development. (MDOT) 8. 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). 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). 10. 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)), 11. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 12. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 14. 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. 15. 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). 16. That trucks and other heavy equipment shall access the site from. Stillwater Road that shall be developed during the first phase of the subdivision, and not through any existing residential areas. Other construction travel shall be kept to a minimum through residential areas. 17. That a sixty foot easement for the extension of a future road and utilities shall be granted to the north on Northland Drive to allow for future access to Four Mile Drive. SECTION I11. 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 STH DAY OF APRIL, 2004. Pamela B. erwiedi Mayor ATTEST: Theresa White City Clerk