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Resolution 4474 - NOT ACTED ON - Chokecherry Preliminary PlatRESOLUTION NO. 4474 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF ASSESSOR'S TRACT 23 A, SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, John J. and Brenda Lee Vincent and Unicore Development, Inc., the owner of certain real property described as Assessor's Tract 23 A, Section 8, T 28 N, R 21 W, P.M.M., Kalispell, Flathead County, Montana, has petitioned for approval of the Subdivision Plat of said property, anal WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.04 (Preliminary Plat Process -Major Subdivision), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Flathead Regional Development Office has reviewed the proposed subdivision and made a report (#KPP 99-1A) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608, MCA, and WHEREAS, the City Council of the City of Kalispell has reviewed the report of the Flathead Regional Development Office and has found from the preliminary plat, and evidence, that the subdivision meets the requirements of the Title 76, Chapter 3, Montana Code Annotated, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 3, 1999, reviewed the FRDO Report #KPP 99-1A, 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 Flathead Regional Development Office Report #KPP 99-1A, are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of John J. and Brenda Lee Vincent and Unicore Development, Inc., the owner of certain real property described as Assessor's Tract 23 A, Section 8, T28N, R21W, F.M.M., Kalispell, Flathead County, Montana, is hereby approved subject to the following conditions: 1. The condominium subdivision shall comply with the Montana Unit Ownership Act. 2. Redesign the site plan to comply with a 20 foot setback for primary and attached primary structures such as garages to protect slope stability and to provide some degree or margin of safety in the event of slope failure. (Note: the parking requirements of the Kalispell Zoning Ordinance at 25 spaces and The proposed 20' building setback from the top of the bank (i.e., measured from the edge of slopes exceeding 309.) may necessitate a reduction in the number of dwelling units to meet the design parameters of this site to meet this condition.) u 1 1 1939 3. As requested by the fire chief, provide a minimum 10 foot setback for all decks, roof overhangs and other structures that would inhibit free access to the rear of the lots for fire fighting access. The 20' setback area from the top of the slope shall be shown on the revised site plan. 4. Prior to building construction and revised preliminary plat approval, obtain a geotechnical assessment prepared by a licensed professional engineer finding that the site and proposed improvements would pose no significant slope stability hazard nor other geological hazard to the development nor to neighboring properties. Any design and construction measures recommended in the assessment shall be implemented as requirements of building permit approval and shall be noted on the revised preliminary plat. 5. The lands within 50 feet of mean high water of the Stillwater River slough channel and extending to the top of the bank (sloped area exceeding 30%) shall be retained in a natural state with no new structures, roadway, excavation, fill, or significant removal of healthy vegetation, except for immediate bank stabilization measures. In addition, the area within 10 feet of the top of the bank shall be left substantially intact to maintain a health vegetative cover to inhibit immediate bank erosion. These areas shall be shown, and the restriction shall be noted, on the revised preliminary plat. 6. The subdivision shall comply with the Kalispell Design and Construction Standards, as approved by the Public Works Department. Preliminary and final design standards shall be submitted to and approved by the Public Works department prior to construction of said improvements. a) Install detached sidewalk on the north side of California Street abutting the entire length of the subdivision ownership. b) Prepare and implement plans for drainage, erosion control, and revegetation. Provide adequate space for snow storage in locations that are taken into consideration in the drainage plan. c) Sewer and water facilities shall meet design and improvement standards. Extend individual sewer and water service lines from California Street to each unit, rather than sewer and water mains. d) Provide individual trash removal service to each unit, rather than a common dumpster site. 7. The proposed park shall be dedicated to the City of Kalispell prior to revised preliminary plat approval. Execute an easement or place a note on the revised preliminary plat allowing the City access through the development site to the proposed park. 8. A landscape plan showing the proposed planting of trees and shrubs on the development site shall be approved by the City Parks Director and implemented. The plan shall include plantings to moderately screen the development site from the neighboring properties to the south and west, a perimeter landscape strip at least 10 feet in width, and of all disturbed areas. 1949 9. Install street trees along the north side of California Street adjacent to the site, in accordance with a plan approved by the City Parks Director. 10. To avoid confusion in providing emergency access, the proposed access roadway shall not be named and the addresses to the units shall be on California Street. 11. Provide hydrants, access, and other improvements as necessary to comply with the Uniform Fire Code as approved by the Kalispell Fire Chief. 12. The following notes shall be placed on the revised preliminary plat and implemented: a) All house numbers shall be placed to be visible from the road, either at the driveway entrance or on the building. b) New utilities shall be installed underground. SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION IN. That this preliminary plat should be effective for three (3) years following passage of this Resolution. SECTION V. 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 BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 3 DAY OF MAY, 1999. ATTEST: Theresa White City Clerk Wm. E. Boharski Mayor 1