Resolution 3201 - Subdivision - Buffalo HeadM
RESOLUTION NO. 3201
A RESOLUTION TO APPROVE AS A SUBDIVISION OF THE CITY OF KALISPELL,
MONTANA, BUFFALO HEAD ADDITION NO. 92.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA:
SECTION 1. That pursuant to the petition of The Bank of Columbia
Falls, filed with the City Council of the city of Kalispell,
and the submission to said Council by said petitioners of a
plat reflecting the survey and designation of that territory
within the City of Kalispell which said petitioners request
be approved as a subdivision thereinr and pursuant to those
provisions of chapter 38, Title 11, R.C.M. 1947, as amended,
that are applicable thereto and the duly adopted and enforced
subdivision regulations of the City of Kalispell, the Council
and Mayor do hereby approve that said territory shall become
and be a subdivision of the City of Kalispell to be known
as:
BUFFALO HEAD ADDITION NO. 92
SECTION 2. The City Council, in considering this request, has
found from the preliminary plat and evidence relating thereto,
that said subdivision is in the public interest, and in making
such finding, the Council has considred and weighed: (a) basis
of need for the subdivision; (b) expressed public opinion; (c)
effects on agriculture; (d) effects on local services; (e) effects
on taxation; (f) effects on wildlife habitat, and (h) effects on
the public health and safety.
SECTION 3. As a condition of said approval, however, petitioner
must agree to the following terms and conditions: (a) That all
water and sewer systems be approved by the State Department of
Health and the City of Kalispell; tb) That a waiver of the right
to protest an SID for storm drains be presented to the City of
Kalispell; (c) That the developer limit the units (91) within
the existing plan to single family detached and row house units
and the design concept as submitted and an RA-1 zoning be estab-
lished in accordance with the new city ordinance; (d) That in
addition to the covenants, conditions, and restrictions submitted,
the developer prepare for recording Homeowners Association docu-
ments to provide for exterior maintenance of the grounds, open
space, structures, private roadways, now removal, garbage collec-
tions, etc.; that the Homeowners Association be responsible for
but not limited to the above, including sanding, paving, sweepi�g'
flushing, signing, parking, etc.; (e) That the developer make the
City of Kalispell part and party to the covenants; (f) That the
three acre church site as designated on the plat be assured by
covenant and dedication on the final plat; (g) That fire pro-
tection facilities be installed as required by the City of Kalis-
pell; (h) That the private streets be paved to a 24-foot width;
(i) That the City of Kalispell be held harmless for damage to
the landscape by fire trucks and other city vehicles during the
normal course of business; (j) That the City will, during repair
and maintenance of underground utilities, bed and compact one foot
around pipes, backfill and the final compaction, repair of land-
scape and roads to be done by the Homeowners Association; W
That easements be provided for maintenance and repair of the
underground utilities; (1) That the private streets be part
of the common area for taxes assessed to the homeowners; (-)
That letters of waiver for fire protection and garbage collection
be received by the City of Kalispell prior to the City providing
these services; (n) That a variance be granted to the street
design standards of the Subdivision Regulations and City stan-
dards to allow for 24-foot private roads and that the design
of intersections and turning radius on private roadways be
coordinated with the City of Kalispell Public Works Director
to facilitate equipment access; (o) That park land be dedicated
to the City of Kalispell as shown on the preliminary plat; and,
(p) That the land use section of the Covenants specifically
state the number of dwelling units permitted on each lot and
whether attached or detached as per the preliminary plat.
SECTION 4. Upon preparation of a final plat in accord with the
foregoing conditions, and upon approval thereof as provided by
law and proper filing thereof in the office of the Flathead County
Clerk and Recorder, said territory shall be a subdivision of the
City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAY OF THE CITY
OF KALISPELL, MONTANA, THIS 16th DAY OF OCTOBER 1978.
Ix.
Norma E. Happ, Mayor
ATTEST:
City Cldrk
', the undersigned, City Clerk of the City of Kalispell certify that the f0-rQg0jng Is a trUE
oDy of the Resolution duly passed by the City Council of the City Of KaliuP011y M011taua at
ogular meeting held the _LLday of
_7,'k'6Gt_4g. Ae4_',
City QI,'erk of the City of Kalispell, Montana