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Resolution 5092 - Final Plat - Old School StationRESOLUTION No, 5092 A RESOLUTION APPROVING THE FINAL FLAT OF OLD SCHOOL STATION, DESCRIBED AS ASSESSOR'S TRACT 2 IN SECTION 3� TOWNSHIP 28 N RTH MANGE 21 WEST -M'M., FLATHEAD COUNTY, M NTAN * WIJERE S, M t venture- Partners, LLC; the owner of certain real property described above, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, the Flathead County Commissioners approved the preliminary plat for this su division on May A.2, 2005 subject to 20 e itio , all o -which hav cbeen me adequately addressed, and WHEREAS, the City Council of the City of Kalispell annexed this property on June 6, 2005 by .solution 5018, and WHEREAS, the Kalispell Planning Department has reviewed the County's preliminary plat under the criteria set forth in Section - - 08 MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY KALISPELL MONTANA AS FOLLOWS: SECTION 1. That the Compliance with Conditions of Approval are hereby adopted as the Findings of Fact of the City Council, such conditionq being as follows: .. The internal subdivision roads shall be desired by a licensed engineer and constructed with a minimum 60-foot right-of-way, a 0-foot travel surface, and 6 -foot radius cut -de -sacs,, ifi acco-vda,Act with tht Ftahead County SubdiviSion Regutations. This condition .has been i et. Morrison Maierl , Inc. designed the road system in compliance with the City of Kalispell Design and Construction Standards per letter from FraDk Castles dated November 171, 2005. . The developer shall install a stop sign and road identification sign at the intersection of Demers ille Road and all subdivision access roads in accordance with Section 3. 1. 8 of the Flathead County Subdivision Regulations. The required signage is part of the overall infrastructure package to be constructed under the Pending Kalisptll Special lmpf ov erazRts, Diizt�, The roads within the subdivision shall be signed in accordance with the policies of the Flathead County Road Department and the Uniform Traffic Control Devices Manual. The roads within the subdivision shall be signed in accordance with the Kalispell .design and. Construction. Standards and the Uniform Traffic Control Devices Manual and shall be i start d. as part of the overall Kalispell SI . . The developer shall obtain and show proof of valid approach permits for the subdivision from the Flathead County Road Department. This condition has been met as all approach permits have been issued. Copies of the .Flathead County Approach permits are attached. . A letter from an engineer licensed in the State on Montana shall certify that all improvements have been installed to specifications. This certification shall include all roadways, drainage systems and sidewalks. This condition can be met. All improvements will be installed under Kalispell SID #344. Prior to final acceptance of all work, this certification shall be secured. 6. All internal subdivision roads shall be paved. This condition has been adequately addressed. The roads shall be built to the Kalispell Design and Construction Standards and approved by the City. The construction drawings have been approved by the Kalispell Public Works Department. . The applicant shall pave Sno cline ta ne and Demersville Road from its intersection with Sno vline Lane south to its intersection with Rocky Cliff Drive. . • The paving of these road sections has been completed. S. The developer shall dedicate a 1.5 foot p destrran bicycle easement on Lots 1., 9, .1.0, 11, 12, and 13 along Demersville Road. This condition .has been met. The casement is shown on the final plat. . A property owners association shall be formed which will require each property owner to bear his/her pro-rata share for road maintenance of the internal subdivision roads and maintenance of common areas. This condition has been met. The landowners association addresses the maintenance of the proposed common areas. The internal road system will be dedicated to, owned and maintained by the City of Kalispell per this final plat. 1..0. The applicant shall receive physical addresses and name all rows in accordance with Flathead County Resolution # 162. The addresses and road names sell appear on the final plat. This condition has been met per the face of the final plat. 1.t Lot owners are bound by the so .l disturbance and weed management plan to which the developer and the Flathead County weed Department agreed. 1s condition will be .met per the construction standards of the proposed S D. All disturbed areas will be re -vegetated according to a plan approved by the Kalispell Public Works and Parks Departments. 12. A11 storm water, water and sewacre treatment facilities and drainage plans shall be approved roved by the Flathead C .t -County .health Department and the Montana Department of Environmental Quality at the time of development. ent. A. dry sewer line will run from the level I central collection system to the county RW. All storm water, grater and sewer plans have been approved by MIQ per attached letter. These facilities will. be built according to the Kalispell Construction and Design Standards and operated as Kalispell municipal facilities and as such are part of the proposed SID #344. 13. A letter be obtained from the Somers/Lakeside Fire District stating that the fire access and suppression system has been reviewed, approved and installed in accordance vith its requirements. ents. The Kalispell Fire Department a.rtment has reviewed and approved the plans per letter from the Kalispell Fire Marshall dated January 26, 2006. 1.4. All utilities shall be placed underground to abut and be available to each lot, in accordance with a plan Prepared by the utility companies. Utilities and easements shall comply with section 3.1.7 and 3.18 of the Flathead County Subdivision Regulations. This condition has been met. All utilities will be installed underground per Kalispell SI #344. 15, Any lighting used for the business park shall be directed in such a gray as to be contained within the boundaries of the property and shall be hooded, screened, or directed in a manner that it shall not be detrimental to the adjoining property owners or the neighborhood. This condition will be met per letter from Todd Folley, P.E. of Morrison Maierle, Inc. stating that the sheet lighting has been designed in compliance with the City Street Lighting Standards. They w.1 be installed in accordance with. Kalispell SID #344. 16. The applicant shall provide a common off-street mail l pick-up facility and vehicularpull-off in compliance with Section 3.22 of the Flathead County Subdivision Regulations. This condition has been met per design approved by Eldon Marvel, I SPS. 17. The following statements shall be placed on the face of the final plat: a. All address ..umbers shall be visible from the road, either at the driveway entrance or o.n the house. b. The property oars association shall be responsible for maintenance of the private roadways and Common Areas. C. All utilities shall be installed underground. d. Lot owners are bound by the soil disturbance and weed management plan to which the developer and the Flathead County Weed Department agreed. e. This subdivision is approved roved for -uses authorized in the --1 zoning district only, by permitted or conditional use permit as indicated in the regulations. Residential uses are strictly prohibited. f. "waiver of Protest Participation in Special Improvement District (owner) hereby waives any and all right to protest which it may have in regards to any attempt to be made by a local governmental entity, to initiate a Special Improvement District which includes Subdivision, shown on the plat therefore, for any purposes related to roads, water facilities and systems, and sever facilities and systems, set forth in Sections - 2-21.02 and -12 - 102, AC.A.; provided however that understands that(he/she/it/they) retains the ability to object to the amount of assessment imposed as a. result of the formation of a Special Improvement District, including the right to object on the basis that the property is not benefited by the Special Improvement District. agrees that this covenant shall run to, with and be binding on the title of the real property described above and shall be binding on the heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the real property shown on the subdivision plat for Subdivision. A1.1 appropriate .notes as required by the Kalispell Subdivision regulations have been placed on the face of the final plat. :1.8. All required improvements shall be completed in place, or a Subdivision Improvements Agreement in accordance with chapter 8 of the Flathead County Subdivision Regulations shall be provided by the subdivider prior to final approval by the County CommIssioners. This condition is substantially met with the infrastructure requirements of Kalispell SII 3. 1.9. The final plat shall be in substantial compliance with the plat and plans submitted for review, except as modified by these conditions. This condition has been met per review of the face of the final plat and where plans have been modified to bring them into compliance with the City of Kalispell Design and Construction Standards and Kalispell Subdivision .regulations. 20. The developer will work with the Flathead County Road Department to ensure dust control of Demersville Road south of Fogs Lake (Bend) Lane, until such time that Demersville Road s paved. The portion of I emersville Roadi question has been paved per this ondit' n. SEC� I, Tl a a l a ion o Montana Venture Partners, .LC for final plat approval of old School. Station in Section 33, Flathead County, Montana, is hereby approved. SECTION 111. The classification of said premises under the Kalispell ZonIng Ordinance shall not be changed by theaction. SECTION IV. 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 AND APPROVED Y THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL TIMS 21ST DAY of FEBRU 7 ft . imel . B. Kennedy Mayor ATTEST: T1 eresa White City Clerk