Loading...
Resolution 4547 - Preliminary Plat - Appleway Office ComplexRESOLUTION NO. 4547 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF APPLEWAY OFFICE COMPLEX, LOCATED ON THE NORTH SIDE OF APPLEWAY DRIVE AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A". WHEREAS, Appleway Development Company, Stanley W. Pine, and Marie M. Sterner, the owners 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 March 14, 2000, on the proposal and reviewed Subdivision Report #KPP-00-2 issued by the Flathead Regional Development Office, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Appleway Office Complex, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of April 3, 2000, reviewed the FRDO Report #KPP-00-2, 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-00-2 are hereby adopted as the Findings of Fact of the City Council. . SECTION II. That the application of Appleway Development Co. for approval of the Preliminary Plat of Appleway Office Complex, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. The subdivision shall be in compliance with the preliminary plat, which shall govern the location of the buildings, the parking lot and access, which was reviewed and approved by the planning board and city council. 2. The developer shall obtain a Certificate of subdivision Approval from the Montana Department of Environmental Quality and obtain a letter from the Kalispell Public Works Department, which states that the water and sewer facilities have been reviewed and approved for compliance with the City of Kalispell's Design and Construction Standards. 3. The developer shall install a five foot sidewalk on the north side of Appleway Drive adjoining the property boundary with a minimum five foot landscape buffer and file a waiver to protest an SID and a petition to create an SID for the future upgrade of Appleway Drive including curb, gutter, storm drainage and roadway pavement. 4. That cross easement agreements be granted through the covenants or accomplished by a note on the face of the final plat granting access to all lots within the J n 1 2099 subdivision by way of the internal road and utility easements indicated on the plat. S. That covenants or a common maintenance agreement be filed with the final plat which provides for a mechanism for the maintenance of all common elements of the development including but not limited to parking and roadway maintenance as well as the landscaped areas. 6. That an engineered storm water management utilizing on - site retention methods and in accordance with the Kalispell Design and Construction Standards be reviewed and approved by the Kalispell Public Works Department prior to final plat approval. 7. That a floodplain development permit be obtained from the Kalispell Floodplain Administrator prior to any fill work or activity within the 100 year floodplain including the proposed bridge across Bowsers Spring Creek. 8. That a letter be obtained from the Kalispell Fire Department approving the fire access and suppression system for compliance with the Uniform Fire Code. 9. That a landscape plan be reviewed and approved by the Kalispell Parks and Recreation Department and coordinated as the phases are constructed. 10. That the placement and location of the driveways be reviewed and approved by the Kalispell Public Works Department. 11. That all new utilities be placed underground and that a letter from the utility companies providing services be submitted with the final plat stating that utilities are available to the lots within the subdivision. SECTION III. This Preliminary Plat approval shall be valid for a period of three (3) years from the date of approval. SECTION IV. 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 17TH DAY OF APRIL, 2000. Wm. E. Boharski Mayor ATTEST: T eresa White City Clerk 2100 EXHIBIT A LEGAL DESCRIPTION Deloris/Pine/Stemer - Annexation and Initial Zoning Deloris Group (Tract IBA) Commencing at the Southeast Section corner of said Section 12; thence South 89° 16109" West, on and along the South boundary of said Southeast Quarter of Section 12, a distance of 902.52 feet to a point; thence North 00°37'03" East, a distance of 30.00 feet to a point which lies on the North boundary of a 60 foot road known as Appleway Drive, and which point is the True Point of Beginning; thence continuing North 00"37103" East, on and along the West boundary of a tract of land described in Book 638, Page 476, records of Flathead County, a distance of 630.00 feet to a point which lies on the South boundary of a tract of land described in Book 730, Page 457, records of Flathead County; thence South 89° 16'09" West, on and along said South boundary of a tract of land described in Book 730, Page 457, a distance of 66.00 feet to a point which point is the Northeast comer of a tract of land described in Book 679, Page 767, records of Flathead County; thence South 00°37'03" West, on and along the East boundary of said tract of land described in Book 679, Page 767, a distance of 630.00 feet to a point which lies on said North boundary of a 60 foot road known as Appleway Drive; thence North 89° 16'09" East, on and along said North boundary of Appleway Drive, a distance of 66.00 feet to the True Point of Beginning. Pine (Tract 113) Commencing at the southeast corner of the southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana, which is a found brass cap on the centerline of a 60 foot county road known as Appleway Drive; Thence along the south boundary of said Southeast 1/4 and along said centerline South 89°1629" West 902.53 feet; Thence leaving said centerline North 00°37'03" East 30.01 feet to a found iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence continuing North 0003703" East 526.98 feet to the approximate thread of Spring Creek; Thence along said thread the following courses: South 36006153" East 15.43 feet; South 34029155" East 18.83 feet; South 71 °36141" East 130.46 feet; South 751102'04" West 22.38 feet; South 80049'07" East 14.76 feet; North 73 °41'43" East 20.13 feet, North 85058'01" East 49.11 feet; South 80° 18'30" East 76.32 feet; South 00° 19'32" West 9.77 feet; South 41 °02'24" East 8.60 feet; Thence leaving said thread South 00°3703" West 425.53 feet to a found iron pin on the northerly right-of-way of said Appleway Drive; Thence along said right-of-way South 89° 16129" West 330.00 feet to the Point of Beginning and containing 3.516 acres. Sterner (Tract lE) Commencing at the Southeast corner of Section 12, thence along the South line of the Southeast 1/4, also being the center line of Appleway Drive South 89016'29" West 264.06 feet to the Point of Beginning; thence continuing along said line South 89016'29" West '308.57 feet; thence North 0003703" East 470.52 feet; thence South 89°2T57" East 117 feet more or less to the South bank of Spring Creek; thence Northeasterly along the North 00°2230" East from the Point of Beginning; thence South 00°2230" West 598 feet more or less to the Point of Beginning containing 3.64 more or less acres of land all as shown hereon. I I