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Resolution 4997/Preliminary PlatRESOLUTION NO. 4997 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF COTTONWOOD PARK SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACT 4C IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Philip and Barbara Blandford, the owners 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 S, 2005, on the proposal and reviewed Subdivision Report #KPP-05-1 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 Cottonwood Park. 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-05-1, 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- 1 are hereby adopted as the Findings of Fact of the City Council. SECTION 11. That the application of Philip and Barbara Blandford for approval of the Preliminary Plat of Cottonwood Parr Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. 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 preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C Final Plat). 2. That the plans and specifications for all public infrastructure be designed 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. That a minimum 20-foot buffer strip shall be established along Three Mile Drive and along Stillwater Road between the roads and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of. 'Transportation. 4. Lot 7 which has a substantial part of the building pad located in the 100 year floodplain be eliminated and the lots to the south be shifted to the north so that the building pad for Lot 1. will be entirely out of the floodplain. (Kalispell Site Development Review Committee) 5. Demonstrate that development within the 40 by 40 foot building area for proposed Lot 36 can be achieved without disturbance or filling the 100 year floodplain area and that the required setbacks can be met. (Kalispell Site Development Review Committee) That a pedestrian access be developed to access the park area from the north where Lot 7 would have been previQusly located. (Kalispell Site Development Review Committee) 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). 8. That the area designated on the plat as "park" shall satisfy in part 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. The developer shall attempt to coordinate with the developer of Blue Heron Estates and the Kalispell Parks and Recreation Department to develop a park that is integrated with the park development plans for .Blue Heron Estates to the west. (Kalispell Subdivision Regulations, Section 3.19). q. 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 the 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) Section 503. d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8, e. It is recommended that consideration be given to annexation of Three Mile Drive and Farm to Market Road adjacent to the public right-of-way. 1.0. 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. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09). 11. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A five foot utility easement be placed behind the right-of-way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Public Works Department). 1.2. After the construction and installation of utilities are completed, the developer shall insure that all property corners are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as an electrical pad, an offset marketer shall be placed and recorded on the final plat. (Kalispell Public Works Department), 13. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 14. 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)). 15. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.1.7). 16. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 17. The base flood elevation of the 100 year floodplain be delineated, along with the elevation, and be indicated on the Final plat.. 18. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 19. A note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for upgrade of roads in the area to City standards which are impacted by this subdivision. 20. That preliminary plat approval shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed if the subdivision is phased. (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 4TH DAY OF APRIL, 2005. Pamela B. Ken&dy Mayor ATTEST: Theresa White City Clerk