Resolution 5057 - Preliminary Plat - Westwood Park SubdivisionRESOLUTION NO.5057
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
WESTWOOD PARK SUBDIVISION, MORE PARTICULARLY DESCRIBED AS
ASSESSOR'S TRACTS 2CK, 2CH AND 2CE LOCATED IN SECTION 12, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Bill Rice and Craig and Connie Denman, the owners of the certain real property
described above, have 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
June 21, 2005 and July 12, 2005, on the proposal and reviewed Subdivision Report
#KPP-05-11 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 Westwood Park Subdivision, subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of August 1,
2005, reviewed the Tri-City Planning Office Report 4KPP-05-11, 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-05-11 are hereby adopted as the Findings of Fact of the City Council.
SECTION 11. That the application of Bill Rice and Craig and Connie Denman for approval
of the Preliminary Plat of Westwood Park. 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 PUD 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 in accordance
with Kalispell's Standards for 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. A letter shall be submitted with the final plat from an engineer licensed in the state of Montana
certifying the improvements have been constructed in accordance with the approved plans and
specifications. As built drawings shall be submitted to the Kalispell Public Works Department
prior to final plat submittal for the completed infrastructure. A letter from the public works
department shall accompany the engineer's certification stating that this condition has been met
or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design
Standards, Section 3.01)
4. An engineered stormwater management plan shall be developed which utilizes on site retention
methods and insures that adjoining properties will not be impacted by stormwater runoff, snow
melt or surface water.
5. Front yard setbacks for the townhouses that have garage access directly along the right of way
shall insure a minimum distance of 20 feet between the garage and the sidewalk and would
apply to Lots 1.1, 1.2 and 13. This would not apply to townhouses that have some other
provision for handling access and on site parking. (Kalispell Planning Board)
6. A minimum 20 foot rear setback shall be maintained between the buildings and the exterior
boundaries of the subdivision.
7. That covenants, conditions, and restrictions for the subdivision shall be provided that include a
provision for the private conservation and maintenance of common areas as well as compliance
with the approved planned unit development elevation drawings, treatments and other
architectural elements.
S. A note on the face of the final plat shall be provided for the pro-rata share of ownership of the
common area for taxation purposes.
9. Townhouse lots within the subdivision shall be identified by a lot number and letter such as Lot
1A, 1.B or 1C rather than being numbered sequentially as shown on the preliminary plat.
10. That permits be obtained from the Flathead Conservation District, Montana Department of
Natural Resources and the Montana Department of Environmental Quality for work done along
the creek channel or a letter from those agencies stating that the scope of work does not require
permitting. (FCCD / DNRC)
11. That a minimum 10-foot buffer shall be established between the western internal roadway and
Greenbriar Subdivision to provide screening and buffering between the road and these houses.
This shall be in the form of berming, fencing or landscaping or a combination thereof. These
improvements are to be coordinated with the Kalispell Public Works Department, the Parks
and Recreation Department and the homeowners in Greenbriar Subdivision to the west.
12. 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
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)
Chapter S.
d. Secondary emergency vehicle access shall be provided in accordance with International Fire
Code (2003) Chapter a and Kalispell Subdivision Regulations.
e. It should be noted that hazardous weed abatement shall be provided in accordance with City
of Kalispell Ordinance 10-8.
f. Street naming shall be approved by the fire department.
13. 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).
1.4. That the areas designated on the plat as common shall meet the requirements for parkland
dedication provided they are 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. A letter shall be
submitted with the final plat stating that the common areas have been developed in accordance
with the approved park development plan. (Kalispell Subdivision Regulations, Section 3.19).
15. That a detailed flood study be completed determining the exact location of the floodway. No
fill, development or other disturbance of soil or vegetation shall be allowed within the
floodway. The location of the roadways and bike path / secondary emergency access shall be
relocated so that no fill, development or disturbance of vegetation occurs in the 1.00 year
noodnNin unless otlierwise gh,;nlrrtely rf,.nuire.d. Anv work_ dow.lonmomt or fill in the 100 vt-ar
floodplain shall be kept to a minimum and shall be directly related to providing secondary
emergency access for the subdivision of the north approximately 400 feet of the bike /and
pedestrian path / emergency access road. It is anticipated that this may result in the
reconfiguration and / or loss of lots within the subdivision.
16. A floodplain development permit shall be obtained from the Kalispell Floodplain Administrator
for any limited but necessary work to be performed within the 100 year floodplain.
17. That a note be placed on the face of the final plat that waives protest to the creation of a special
improvement district for the upgrade of roads in the area to City standards which may be
impacted by this development.
18. That a letter be obtained from the Kalispell Public Works Department stating that the proposed
emergency accesses onto Cooper Lane has been reviewed and approved and any associated and
necessary improvements have been satisfactorily completed.
19. 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).
20. 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 letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final
plat.
21. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail.
service. (Kalispell Subdivision Regulations, Section 3.22).
22. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it
does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations
Section 3.09(L)).
23. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
24. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
25. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
26. That an easement agreement be obtained for the secondary emergency access across the private
property to the east that encompasses the nature and intent of the proposed roadway.
27. That a development agreement be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site.
28. That preliminary plat approval for the planned unit development shall be valid for a period of
three years from the date of approval. (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 1ST DAY OF
ATTEST:
Theresa White
City Clerk