Resolution 5190 - Preliminary Plat - Cottage Gardens SubdivisionRESOLUTION NO.5190
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
COTTAGE GARDENS SUBDIVISION, MORE PARTICULARLY DESCRIBED AS TRACT
1AC AND FURTHER DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 9981, IN
SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA.
WHEREAS, Apex 1, 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 an
March 13, 2007 on the proposal and reviewed Subdivision Report # PP-07-4 issued
by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Cottage Grave Subdivision subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of April 2,
2007, reviewed the Kalispell Planning Department Report #KPP'-07-4, 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 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-07-4 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Apex 1, LLC for approval of the Preliminary Plat of
Cottage Gardens Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
General Conditions:
I. That the development of the site shall be in substantial compliance with the application
submitted, 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)
Z. The preliminary plat approval shall be valid for a period of three years from the date of.
approval. (Kalispell Subdivision Regulations, Section 2.04).
Prior to final plat:
3. 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, boulevard and sidewalks. Note:
Boulevards within the subdivision will be 7-feet wide. (Kalispell Design and Construction
Standards, project proposal)
4. Water and sewer main extensions shall be designed and constructed in accordance with the
City of .alispell'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)
S. 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)
6. 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. (Kalispell Design and
Construction Standards)
7. 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)
8. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for the approach onto Three Mile Drive. If any improvements are
necessary at this intersection, these improvements shall be completed to the satisfaction of
the MDT prior to final plat and MDT shall so certify this in writing to the city. (Findings of
Fact, Section D, Roads)
9. 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
"no parking fire lane."
10. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the landscape
boulevards of the streets serving the subdivision. The approved landscape plan shall be
implemented or a cash in lieu payment for installation of the street trees and groundcover
provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision
Regulations, Section 3.11)
11. The area designated on the plat as "park area" shall meet the parkland dedication
requirements provided that it is developed to create a recreational amenity within the
subdivision. The park improvements shall include a walking path, picnic tables and benches.
The developer shall provide the Parks and Recreation Department with the park
improvement plan and install the improvements prior to final plat. (Kalispell Subdivision
Regulations, Section 3.19, Findings of Fact, Section D, Parks and Open Space and
environmental assessment)
12. That a minimum 20-foot landscape buffer zone shall be established as shown on the
preliminary plat. The 20-foot buffer zone shall include a paved bike and pedestrian trail,10-
feet wide, comply with AASHTD standards for bike and pedestrian paths, and integrated into
existing bike and pedestrian paths along Three Mile Drive. The 20-foot buffer strip shall
also include buffering in the form of berming and landscaping. These improvements are to
be coordinated with the Kalispell Public Works Department and Parks and Recreation
Department. (Findings of Fact, Section D, Parks and Open Space)
1.3. The 10-foot easement to the common area shall be incorporated within the larger common
area of the subdivision and not on individual lots. (Findings of Fact, Section D, Parks and
Open Space)
14. A 100 foot building setback from the centerline of Spring Creek shall be shown on the final
plat. (Findings of Fact, Section C, Surface and Groundwater)
15. 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,
Roads)
16. 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)
17. 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. (Kalispell Subdivision Regulations, Section 3.18)
18. A detailed floodplain study shall be completed and accepted by FEMA determining the base
flood elevation for the floodplain area within the subdivision. The final plat shall not be
recorded and no significant earth moving within 100 feet of the centerline of the creek shall
be allowed until the completion and acceptance of the study area. The newly delineated
floodplain shall be staked. The base flood elevation accepted by FEMA shall be indicated on
the final plat and no lots shall extend into the newly delineated floodplain. (Findings of Fact,
Section A. Flooding)
19. 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)
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. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering
to provide telephone, telegraph, electric power, gas, cable television, water or sewer service
to the public, the right to the joint use of an easement for the construction, maintenance,
repair, and removal of their lines and other facilities, in, over, under, and across each area
designated on this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 318(E))
21. A homeowners association for the subdivision shall be created that includes a provision for
the maintenance of the bike path and landscaping within the 20wfoot landscape buffer along
Three Mile Drive and the park and common areas along Spring Creek. (Findings of Fact,
Section D, Parks and open Space and project proposal)
On going conditions:
23. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17)
24. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
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.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE
CITY of KALISPELL, THIS 2ND DAY of APRIL, 2007.
P"a'mela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk