Resolution 5125 - Preliminary Plat - Diamond Ridge EstatesRESOLUTION NO. 5125
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF DIAMOND
RIDGE ESTATES, MORE PARTICULARLY DESCRIBED ,AS ASSESSO S TRACTS 3ABB,
3 C, 3A , 3 . , AND 3ACA, LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22
WEST, .M.M*, FLATHEAD COUNTY, MONTAN .
WHEREAS, Alien and Virginia Rieke, William and Cindy Rie e, and Polly Webster, the owners of
the certain real properties 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
131 2006 on the proposal and reviewed Subdivision Report #KP- -3 issued by the
Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of
the Preliminary flat of Diamond Ridge Estates subject to certain conditions and
recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting; of July 3, 2006,
reviewed the Kalispell Planning Department Report #K - 6-3, 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 puIe
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY of KA. IS ,
MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report
#KP-0--3 are hereby adopted as the .findings of Fact of the City Council,
SECTION 11, That the application of the Riebes and Webster for approval of the Preliminary
Plat of Diamond Ridge Estates, 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 preliminary plat.
(Kalispell Subdivision Regulations, Appendix C — Final Plat)
. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Ka lspell"s Standards for Design and Construction and Montana
Public Works Standards; and shall he certified by an engineer licensed in the State of Montana.
All work shall be reviewed and approved by the Kalispell Public Works Department prior to
construction. This infrastructure shall include but not be limited to streets, street lighting, street
signage, curb, gutter, boulevard and sidewalk and shall be installed along Creekside Court. New
infrastructure along Creekside Court shall tie into the existing street infrastructure serving Bowser
Creek Estates subdivision. (Kalispell Design and Construction Standards)
. The developer shall submit to the Kalispell Public Works Department an engineered drainage
plan that meets the requirements of the current City standards for design and construction. Prior
to final plat, a certification shall be submitted to the Public Works Department stating that the
improvements have been built as designed and approved. (Kalispell Design and Construction
Standards)
. A letter from the Kalispell Public works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell. (Kalispell Design and Construction
Standards)
5. The parkland dedication requirement shall he met with the payment of cash -in -lieu of parkland
of 1.14 acres based on the unimproved fair market value of the area devoted to lots. (Kalispell
Subdivision Regulations, Section3.19)
6. That a minimum 20-foot buffer strip shall he established betweenThree Mile Drive and lots 20
and 23 of Diamond Ridge Estates as well as the frontage of the tract between lots 20 and 23
labeled "Not a part" on the pre film ary plat.. The 2046o t buffer strip shall include a paved hike
and pedestrian trail, 0-feet wide and comply with A.SHo standards for hike and pedestrian
paths, and integrated into existing bike and pedestrian paths aoner Three Mile Drive. The 20-
foot buffer strip shall also include buffering in the form of berming and landscaping. These
improvements are to he coordinated with the Kalispell Public 'works Department, Parks and
Recreation Department, Flathead County Road Department en.t and Montana Department of
Transportation.
7. The developer shall provide evidence that lots 19 and 20 have been included in the road
maintenance agreement for w ndover Dili Drive.
. The following requirements shall be met per the Kalispell. Fire Department: Kalispell
Subdivision Regulations, Section 3.20).
. water mains designed to provide minimum fire flows shall he installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
Uniform. Fire Code Appendix 11-A.*
. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
e. Fire Department access shall be provided in accordance with Uniform Fire Code (1997)
Article, 9.
9. The required boulevard along Creekside Court shall he a minimum of 5 feet wide and a payment
in lief of landscaping provided to the Department of Parks and Recreation for the installation of
street trees and seeding of the boulevard. (Findings of Fact Section D
0. The existing outbuildings shown on the preliminary plat shall he removed or located on the same
lot as the existing house. (Kalispell Zoning ordinance, Section 27.22,020(3)(g)
1 I. The following note shall be pIaced on the final plat: 4"Property owner(s) are responsible for the
boulevard strip for the length of their property boundaries. Responsibilities include watering
and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is
prohibited unless approved by the Kalispell Department of Parks and Recreation."(Findings of
Fact Section D
.2. The following note shall be placed on the final plat.: *`Property owners shall waive their right to
pro test the ereation of a special improvement district for road upgrades in the area to City
standards which are impacted by this subdivision.""
.3. A letter shall be obtained from the Montana Department of Transportation and stating that the
proposed accesses onto Three Mile Drive (Farm to Market Road) have been reviewed and
approved and any associated and necessary improvements have been satisfactorily completed in
order to serve the lots within Diamond Ridge Estates.(MDOT)
1.4. The roads within the subdivision shall be named and signed in accordance with the policies 0
the Kalispell Public Works Department and the'l ni orris Traffic Control .devices Manual and be
subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision
Regulations, Section 3.09).
15. Prior t0 filing the final plat a fetter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The mail
delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site
and improvements shall also be included in the plans to be reviewed by the Public Works
Department. Kalispell Subdivision Regulations, Section 3.22).
16. 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
. L)).
17. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.1.7).
18, That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
19. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free
.mix immediately after development.
20. The preliminary plat approval shall be valid for a period of three years from the date of approval.
(Kalispell Subdivision Regulations, Section 2.04).
SECTION 111. Upon n 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, THIS 3RD DAY OF JULY, 2 q,6: �
Pamela B. Kennedy
Mayor
ATTEST:
.�
therea White
City Clerk