Resolution 5184 - Preliminary Plat - Fox Trotter MeadowsRE SOLUTION NO.5184
A RESOLUTION CONDITIONALLY APPROVING- THE PRELIMINARY PLAT OF FOX
TROTTER MEADOWS SUBDIVISION, MORE PARTICULARLY DESCRIBED AS
TRACT 2 of CERTIFICATE OF SURVEY 7084 AND A PORTION OF PARCEL A OF
CERTIFICATE OF SURVEY 15697, IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, FESN, LLC, 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
December 12, 2006 on the proposal and reviewed Subdivision Report #KPP-06-15
issued by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Fox Trotter Meadows Subdivision subject to
certain conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of March 5,
2007, reviewed the Kalispell Planning Department Report #PP-06-15, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision and the variance
requested 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 Kalispell Planning Department Report
#KPP-06-15 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of FESN, LLC for approval of the Preliminary Plat of
Fox Trotter Meadows 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 preliminary plat as approved by the city council. (Kalispell
Subdivision Regulations, Appendix C --- Final Plat)
2. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction and Montana
Public Works Standards; and shall be certified in writing by an engineer licensed in the State
of Montana. All design work shall be reviewed and approved in writing 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, 7-foot wide boulevards and
sidewalks. (Kalispell Design and Construction Standards and Findings of Fact Section D)
3. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and Montana Public Works
Standards. The water and sewer main extension plans shall be reviewed and approved by the
Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to
the Public Works Department stating that the water and sewer mains have been built as
designed and approved. (Kalispell Design and Construction Standards and Findings of Fact
Section D)
4. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater report and 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 drainage plan for the
subdivision has been installed as designed and approved. (Kalispell Design and Construction
Standards and Findings of Fact Section C)
5. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Stormwater Discharge Associated with Construction Activities.
6. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted
for unfinished work. (Kalispell Design and Construction Standards)
7. The developer shall contact the Flathead County Road Department for a road approach
permit onto Stillwater Road. If any improvements are necessary at the intersection of
Stillwater Road and Fox Trotter Lane, these improvements shall be completed to the
satisfaction of the Flathead County Road Department prior to final plat and the Flathead
County Road Department shall so certify this in writing to the city. (Findings of Fact Section
D)
8. The following requirements shall be met per the Kalispell Fire Department and so certified in
writing by the 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 5.
d. It shall be noted on the face of the plat that hazardous weed abatement shall be
provided in accordance with City of Kalispell Ordinance 10-8.
e.. Street naming shall be approved by the fire department.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as a
fire lane.
9. The parkland for the subdivision shall be located along Four Mile Drive on a Parcel A of
Certificate of Survey 15697. The park area shall be a minimum of 34,470 square feet and
shall be dedicated to the City of Kalispell. (Kalispell Subdivision Regulations, Section 3.19
and Findings of Fact Section D)
10. The developer shall provide a temporary 20-foot wide access easement across lot 10 and
Parcel A of Certificate of Survey 15697 in order for residents of Fox Trotter Meadows to
access the parkland site. (Findings of Fact Section D)
11. The 1 o-foot easement shown on the preliminary plat adjacent to Stillwater Road shall be
dedicated to the public to increase the road right-of-way along Stillwater Road. Within the
easement a paved bike and pedestrian trail, 10-feet wide and complying with AASHTO
standards for bike and pedestrian trails, shall be constructed. These improvements shall be
coordinated with the Kalispell Public Works Department, Parks and Recreation Department,
and the Flathead County Road Department. (Findings of Fact Section D)
12. A homeowners association shall be created for the maintenance and upkeep of the bike path
along Stillwater Road serving the subdivision until such time as a public agency takes over
maintenance of the bike path and the City of Kalispell takes over maintenance of the park.
(Findings of Fact Section D)
13. The following note shall be placed on the final plat: "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."
14. The following note shall be placed on the final plat: "Property owner(s) shall waive their
right to protest the creation of a special improvement district for road upgrades in the area to
City standards which are impacted by this subdivision." (Findings of Fact Section D)
15. The road 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)
16. 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.
17. Prior to filing the final plat a letter 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 preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations,
Section 3.22).
18. In the event of future subdivisions on lot 1 of phase 1, or at such time lot 1 of phase 1
connects to city sewer and./or water, access onto Stillwater Road shall be removed and all
future lots or access to the existing house shall be required to access off of Fox Trotter Loop.
(Findings of Fact Section A)
19. A note shall be placed on the final plat stating that lots 1 through 5 of Phase 2 shall be
prohibited from directly accessing Stillwater Road. (Kalispell Subdivision Regulations
Section 3.09 (C) and Findings of Fact Section A)
20. 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)).
21. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17).
22. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
23. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
24. That preliminary plat approval 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.
SECTION IV. The variance requested by FESN, Inc. and recommended by the Kalispell
City Planning Staff and the Kalispell City Planning Board to alter the road
design of Fox Trotter Lane down from a 60 foot cross-section to a 45 foot
cross-section is hereby approved.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 5TH DAY OF
ATTEST:
Theresa White
City Clerk