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Resolution 4999 - Preliminary Plat - Lone Pine EstatesRESOLUTION No. A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT of LONE PINE SUBDIVISION, AS MORE PARTICULARLY DESCRIBED ONEXHIBIT "A"', LOCATED IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, ',M.M,, FLATHEAD COUNTY, MONTANA. WHEREAS, Lone Pine Development, LLC, the owner of the certain real property described o Exhibit "A", has petitioned for approval of the Subdivision Plat of said property, and WERIF,AS, the Kalispell City Planning Board and Zoning Commission held a public hearing o March. 8, 2005, on the proposal and reviewed Subdivision Report KPP-o -2 issued y the `ri-City Planning office, and WHRF,,AS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Lone Pine Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of April 4, Zoo , reviewed the ri-City Planning office Report KPP-05 - , reviewed the recommendations of the Kalispell City Planing 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 ri+City Planning office Report KP.P-05-2 are hereby adopted as the Findings of Fact of the City Council. SECTION II, That the application of Lore Pine Development, LLC for approval of the Preliminary Plat of ..one Pine Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: . , 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) That covenants, conditions, and restrictions for the subdivision shall be amended to reflect a Provision for the private conservation and maintenance c of common areas and the private internal roadways that are proposed for the townhouses. Setbacks for the townhouses accessed via an interior street shall be measured from the edge of the roadway and shall be 20 feet in the front and rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. (Site Development Review Committee 3. ,At the time of final plat a provision shall be made for the pro-.rata scare of ownership of the common area for taxation purposes- . That the development of lots in the PUD shall be subject to architectural review as outlined i the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. (Site Development Review Committee) . 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 pe.rr ittin .(FCCD1C br That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision Regulations. A letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. t. (Kalispell Subdivision Regulations, Chapter 3, Design gn Standards, Section 3.01.). 7. That an easement shall be obtained from the Aoining property owner to the east granting the right to develop the proposed. 60 foot right-of-way or other demonstration of property acquisition for road and utility purposes and once completed dedicated to the City of Kalispell as a public roadway. (Kalispell Subdivision Regulations, Section 3.0 A . . That .a minimum 10. foot. buffer shall. be estab ishe. .b tween the 'northern tier of townhouses n and the property boundary t provide screening and buffering for the properties to the north and the southwest. This shall be in the form of bermi, landscaping, fencing, or a combination thereof. These improvements are to be coordinated with the Kalispell Public Works Department and the larks and Recreation Department. 9. The following requirements shall beret per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. water mains designed to provide mi.n.imum fire flows shall be installed per City specifications at approved locations. Minimum lire flogs shall be in accordance with International Fire Code Zoo 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 5. d. Secondary emergency vehicle access shall be provided in accordance with International Fire Code 20 3 Chapter 5 and Kalispell Subdivision Regulations. e. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance 10 - . f. Street naming shall be approved by the fire department. 1.0. 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). . That the area designated on the plat as "park" shall meet the requirements for parkland dedication and shall be 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. (Ka-lispell Subdivision Regulations, Section 3.19). 2. That a detailed noodplain study be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. No lots that are within too feet of the 100 year fi oodplain as currently indicated on the FIRM panels shall be platted prior to the completion and acceptance of the study area. Alternatively, the developers may obtain a OMA or other documentation from FEMA stating that the property is not in the 100 year oodplain, whichever is applicable and required by that agency. 3. That a floodplain development permit be obtained .from the City of Kalispell after the FEMA study has been completed and accepted for the proposed creek crossing. 1. The roads within the subdivision shall be named and signed in accordance with the policies o the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. rent. (Kalispell. Subdivision Regulations, Section 3.09). 15. That a 60 foot right of.way be provided between the subdivision and Learn. Lane e to allow -four a through access. 1. An approach permit be obtained from the Flathead County Road Department for the new approach off or valley view Drive and access from Learn Lane and any improvements to those roadways required by the County be completed prior to final plat submittal. A letter from the Flathead County Road Department shall be submitted with the final plat stating that a post construction inspection has been done or that the proposed bonding for improvements is acceptable. 17. That a note be placed on the face of the final plat that waives protest to the creat.on of special improvement districts for the upgrade of .roads in the area to City standards which may be impacted by this development. 1.8. At the time of pre -construction review the developer shall demonstrate that an easement or property has been acquired to develop the proposed roadway across private property off -site to the east that connects to valley view Drive and that the easement encompasses the nature and intensity of the use that will result from the development of the subdivision. Kalispell Subdivision Regulations 3.08) . . The developer shall provide a letter from. the US. Postal Service approving the plan for nail service. (Kalispell Subdivision Regulations, Section 3.22). 20. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.o9L. 21. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 22. That a minimum of two -birds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 23. All areas disturbed during development of the subdivision shall be re -vegetated witb aweed- free mix immediately after development. 4. That a. development agreement be drafted by the Kalispell City Attomey 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 1 zoning for the site. 25. That preliminary plat approval for the first phase of the planned unit development shall be vajid for a period of three years from the date of approval with an automatic three-year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Su divis .on Regulations, Section 2.04). SECTION Ill. 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 Y THE CITY COUNCIL AND SIGNEP BY THE MAYOR of THE OTY of KALfSPEL. , THIS 4TH DAY of APRIL 20 . Pamela B. Kerr dy Mayor A TEST. `eresa White City Clerk EXHIBIT A LONE PINE ESTATES STAFF REPORT KA- 5- 3 Legal Description That portion of the Southwest VmSo t ea t 'A Section 13, Township 2 North, Range 22 West, Flathead county, Montana e crii ed as follows: Commencing t the South 1/4 cor-ner of Section 3; thence along the South inn of Section. 13 North. 8 '57' " East 294.26 feet to the of beginning; thence continuing g along the South line North. 9' 5 " East 1020.41 feet; thence Norte o ° oo'23" West 889.98 feet to the Southeast corner of Lot I I as shown on instrument recorded in Book 466, Page , records of Flathead County; thence along the South line of those parcels shown on instrument ent recorded in Book 466, Page 498, records o Flathead county South '3 '25" West 1160.00 feet to the Easterly line of a County Road; thence along g the Easterly line South. 6° 3o'00" West 58 .62 feet; thence South 7 'ova' 1 o" Eat 2 3 * 10 feet; thence South o° 2'2 " West 258.89 feet to the point of beginning, containing 23.165 acres of land. I'Ddscrrpt. icy s 'E S to'Lone 'Pine Estates Subdivision An easement s ituated, lying and beginning in the SE of the SE o Section 13, Township 28 North., Range 22 West, Principal Meridian, Flathead County, Montana, and more particularly described. as follows: Commencing at a point 33_69 feet South 00°05'5 " West of the northwest corner of Tract 2 as indicated on COS 16326 recorded in Flathead County, ty, Montana to the true point o } cginriing; t rncc South 00000'23" East for a distance o ..,5'- thence North 3°30'o East for a distance of 137.19 feet; thence along a curve to the East 56.72 feet, radius o' with delta angle of ° 2 5'26"; thence North 9' '3 East for a distance of 349.35 feet North. 20'0 West for a distance of 63.78feet; thence South ' '3 " West for a distance of 328.26 feet; thence along a curve to the Southwest 104.68 feet, radius 130 feet with a delta angle o °o' 5 ; thence South 3030'0." West for a distance of 73.98feet back to the true point of beginning.