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Resolution 4837 - Preliminary Plat - River Glen SubdivisionRESOLUTION NO.4837 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF RIVER GLEN SUBDIVISION, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, River Glen Subdivision, LLC, the owner of 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 September 9, 2003, on the proposal and reviewed Subdivision Report #KPP-03-9 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 River Glen Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of September 9, 2003, reviewed the Tri-City Planning Office Report #KPP-03-9, 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-03-9 are hereby adopted as the Findings of Fact of the City Council. SECTION 11. That the application of River Glen Subdivision, LLC for approval of the Preliminary Plat of River Glen 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 except as modified by the conditions listed herein. (Kalispell Sub. Regs. Appendix C — Final Plat I(A) Contents of Final Plat) 2. A variance to Kalispell Sub. Regs. Section 3.09 Table I —Maximum cul-de-sac length of 600 feet be denied based on the findings articulated in the staff findings for Variance Request 1 above. In lieu of the variance, the primary access road shall be shifted south approximately 93 feet so that it abuts the southerly property line of the subdivision. 3. A variance to Kalispell Sub. Regs. Section 3.11 A(1) requiring sidewalks on both sides of the street is partially approved based on the findings articulated into the staff report above. Sidewalks shall be placed within the subdivision abutting all proposed lots within this subdivision. (Based on condition 2 above, approximately 325 feet of sidewalk along the interior road along the south property line would be exempted.) 4. A variance to City design standards (DS-05) requiring a boulevard to be placed between the curb line and the sidewalk be granted for those lots abutting the cul-de-sac based on the findings articulated in the staff report above. 5. The travel surface on South Woodland shall be widened to 28 feet as it abuts River Glen Subdivision to match the asphalt width of South Woodland to the immediate north as it abuts Woodland Court Subdivision. (Kalispell Subdivision Regs. Section 3.09 Table 1) 6. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. (Kalispell Sub. Regs. Section 3.01) 7. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 -- 3.15) S. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. (Kalispell Sub Regs, Sections 3.09, 3.11 — 1.15) 9. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. (Kalispell Sub. Regs. Section 3.12 A). 10. Lot 1 shall access onto the interior subdivision road. Direct access onto South Woodland drive is prohibited. (Kalispell Sub. Regs. Section 3.06 Q. 11. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Unifonn Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Sub Regs. Sections 3.09 K(7) & M) 12. The developer shall provide a letter from the U.S. Postal Service approving the plan for snail service. (Kalispell Sub. Regs. Section 3.22) 13. That the parkland dedication requirements shall be met by paying cash in lieu of parkland dedication in the amount one -ninth or 11 percent of the area in lots. The value of the property is set at $15,450/ acre. Based on 2.3 acres in lots, the current design would be required to pay $3,909. Dedication fee will be based on the land in lots of the final plat. (Kalispell Sub. Regs. Section 3.19 A). 14. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation director. (Site Review) 15. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Sub. Regs. Section 3.09 L) 16. All utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17 A) 17. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the Fire Department prior to final plat approval and or the start of use of combustible materials. (Uniform Fire Code) 18. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. (Kalispell Sub. Regs. Section 3.13) 19. That preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Sub. Regs. Section 2.04 E(7) 20. Sewer and water mains shall be extended to the east end of the proposed River Glen Subdivision so as to provide service to the westerly boundary of Lots 7 and 8 of Green Acres subdivision. This sewer and water extension shall be located in a minimum 20 foot wide utility easement as it leaves the internal road RIW. In addition, a minimum 10 foot utility easement shall be provided along the entire easterly side of the proposed River Glen Subdivision to allow these utilities to be extended in either direction in the future. (Planning Board) 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 6TH DAY OF OCTOBER, 2003. ATTEST: eresa White City Clerk EXHIBIT "A" RIVER GLEN SUBDIVISION All of Lot 26, that portion of the South Woodland RIW immediately abutting Lot 26 and a portion of Lot 25 all in Block One Green Acres Subdivision located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The portion of Lot 25 is further described as follows: Commencing at the southeast corner of said Lot 25, indicated by a found re -bar and which point is the true point of beginning; thence N89°18'34"W, on and along the south boundary of said Lot 25, a distance of 300' to a set re -bar; thence N00°06'47"W on and along the set east boundary, a distance of 172.24' to a set re -bar; thence S89° 18'34"E on and along the former boundary, a distance of 300' to a set re -bar; thence S00°06'46"E on and along the east boundary of said Lot 25 a distance of 163.81' to the true point of beginning.