Tab 47 Resolution No. 5092RESOLUTION NO, 5092
A RESOLUTION APPROVING THE FINAL PLAT OF OLD SCHOOL STATION,
DESCRIBED AS ASSESSOR'S TRACT 2 IN SECTION 33, TOWNSHIP 28 NORTH,
RANGE 21 WEST, P,M,,M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Montana Venture Partners,, LLC, the owner of certain real property described above,
has petitioned for approval of the final Subdivis ion Plat of said property, and
WHEREAS, the Flathead County Commissioners approved the preliminary plat for this
subdivision on May 12, 2005 subject to 20 conditions, all of which have been met or
adequately addressed, and
WHEREAS, the City Council of the City of Kalispell annexed this property on June 6, 2005 by
Resolution 50181, and
WHEREAS, the Kalispell Planning Department has reviewed the County's preliminary plat under
the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval
of said subdivision.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1, That the Compliance with Conditions of Approval are hereby adopted as the
Findings of Fact of the City Council, such conditions being as follows:
The internal subdivision roads shall be designed by a licensed engineer and constructed with
a minimum 60-foot right-of-way, a 20-foot travel surface, and 66-foot radius cul-de-sacs, in
accordance with the Flathead County Subdivision Regulations.
This condition has been met. Morrison Maierle, Inc. designed the road system in compliance
with the City of Kalispell Design and Construction Standards per letter from Frank Castles
dated November 17, 2005.
The developer shall install a stop sign and road identification sign at the intersection of
Demersville Road and all subdivision access roads in accordance with Section 3.9(l)(8) of
the Flathead County Subdivision Regulations.
The required signage is part of the overall infrastructure package to be constructed under the
pending Kalispell Special Improvements District #344.
3. The roads.within the subdivision shall be signed 'in accordance with the policies of the
Flathead County Road Department and the Uniform Traffic Control Devices Manual.
The roads within the subdivision shall be signed in accordance with the Kalispell Design and
Construction Standards and the Uniform Traffic Control Devices Manual and shall be
1 0 nstalled as part of the overall Kalispell SID #344.
4. The developer shall obtain and show proof of valid approach permits for the subdivision
from the Flathead County Road Department.
This condition has been met as all approach permits have been issued. Copies of the Flathead
County Approach permits are attached.
5. A letter ftom an engineer licensed in the State on Montana shall certify that all improvements
have been installed to specifications. This certification shall include all roadways, drainage
systems and sidewalks.
This condition can be met. All improvements will be installed under Kalispell SID #344.
Prior to final acceptance of all work, this certification shall be secured.
6. All internal subdivision roads shall be paved.
This condition has been adequately addressed. The roads shall be built to the Kalispell
Design and Construction Standards and approved by the City. The construction drawings
have been approved by the Kalispell Public Works Department.
7. The applicant shall pave Snowline Lane and Demersville Road from its intersection with
Snowline Lane south to its intersection with Rocky Cliff Drive.
* The paving of these road sections has been completed.
8. The developer shall dedicate a 15 foot pedestrian/bicycle easement on Lots 1, 9, 10, 11, 12,
and 13 along Demersville Road.
0 This condition has been met. The easement is shown on the final plat.
9. A property owners association shall be formed which will require each property owner to
bear his/her pro-rata share for road maintenance of the internal subdivision roads and
maintenance of common areas.
This condition has been met. The landowners association addresses the maintenance of the
proposed common areas. The internal road system will be dedicated to, owned and
maintained by the City of Kalispell per this final plat.
10. The applicant shall receive physical addresses and name all roads 'in accordance with
Flathead County Resolution # 1626. The addresses and road names shall appear on the final
plat.
0 This condition has been met per the face of the final plat.
Lot owners are bound by the soil disturbance and weed management plan to which the
developer and the Flathead County Weed Department agreed.
This condition will be met per the construction standards of the proposed SID. All disturbed
areas will be re -vegetated according to a plan approved by the Kalispell Public Works and
Parks Departments.
12. All storm water, water and sewage treatment facilities and drainage plans shall be approved
by the Flathead City -County Health Department and the Montana Department of
Environmental Quality at the time of development. A dry sewer line will run from the level
11 central collection system to the county R/W.
All storm water, water and sewer plans have been approved by MDEQ per attached letter.
These facilities will be built according to the Kalispell Construction and Design Standards
and operated as Kalispell municipal facilities and as such are part of the proposed SID #344.
13. A letter be obtained from the Somers/Lakeside Fire District stating that the fire access and
suppression system has been reviewed, approved and installed in accordance with its
requirements.
The Kalispell Fire Department has reviewed and approved the plans per letter from the
Kalispell Fire Marshall dated January 26, 2006.
14. All utilities shall be placed underground to abut and be available to each lot, in accordance
with a plan prepared by the utility companies. Utilities and easements shall comply with
section 3.17 and 3.18 of the Flathead County Subdivision Regulations.
This condition has been met. All utilities will be installed underground per Kalispell SID
#344.
15. Any lighting used for the business park shall be directed in such a way as to be contained
within the boundaries of the property and shall be hooded, screened, or directed in a manner
that it shall not be detrimental to the adjoining property owners or the neighborhood.
This condition will be met per letter from Todd Folley, P.E. of Moffison Maierle, Inc. stating
that the street lighting has been designed in compliance with the City Street Lighting
Standards. They will be installed in accordance with Kalispell SID #344.
16. The applicant shall provide a common off-street mail pick-up facility and vehicular pull -off
in compliance with Section 3.22 of the Flathead County Subdivision Regulations.
* This condition has been met per design approved by Eldon Marvel, USPS.
17. The following statements shall be placed on the face of the final plat:
a. All address numbers shall be visible from the road,, either at the driveway entrance or
on the house.
b. The property owners association shall be responsible for maintenance of the private
roadways and Common Areas.
C. All utilities shall be installed underground.
d. Lot owners are bound by the soil disturbance and weed management plan to which
the developer and the Flathead County Weed Department agreed.
e. This subdivision is approved for uses authorized in the 1-1 zoning district only, by
permitted or conditional use permit as indicated in the regulations. Residential uses
are strictly prohibited.
Waiver of Protest
Participation in Special Improvement District
(Owner) hereby waives any and all right to protest
which it may have in regards to any attempt to be made by a local governmental entity, to initiate a
Special Improvement District which includes
Subdivision, shown on the plat therefore, for any purposes related to roads, water facilities and
systems, and sewer facilities and systems, set forth in Sections 7-12-2102 and 7-12-4102, M.C.A.;
provided however that understands that (he/she/it/they)
retains the ability to object to the amount of assessment imposed as a result of the formation of a
Special Improvement District, including the right to object on the basis that the property is not
benefited by the Special Improvement District.
agrees that this covenant shall run to, with and be binding on the title of the real property described
above and shall be binding on the heirs, assigns, successors in interest, purchasers, and any and all
subsequent holders or owners of the real property shown on the subdivision plat for
Subdivision.
All appropriate notes as required by the Kalispell Subdivision regulations have been placed
on the face of the final plat.
18. All required improvements shall be completed in place, or a Subdivision Improvements
Agreement in accordance with chapter 8 of the Flathead County Subdivision Regulations
shall be provided by the subdivider prior to final approval by the County Commissioners.
This condition is substantially met with the infrastructure requirements of Kalispell SID
#344.
19. The final plat shall be in substantial compliance with the plat and plans submitted for review,
except as modified by these conditions.
This condition has been met per review of the face of the final plat and where plans have
0
been modified to bring them into compliance with the City of Kalispell Design and
Construction Standards and Kalispell Subdivision Regulations.
20. The developer will work with the Flathead County Road Department to ensure dust control
of Demersville Road south of Foys Lake (Bend) Lane until such time that Dernersville Road
is paved.
9 The portion of Demersville Road in question has been paved per this condition.
SECTION 11. That the application of Montana Venture Partners,, LLC for final plat
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approval of Old School Station in Section 33, Flathead County, Montana,, is
hereby approved.
SECTION 111. The classification of said premises under the Kalispell Zoning Ordinance
shall not be changed by the action.
SECTION IV. That 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 21ST DAY OF FEBRUARY, 2006.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk