Resolution 5909 - Preliminary Plat - Eagle Valley Ranch Phases 1-3RESOLUTION NO. 5909
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
PHASES 1-3 OF EAGLE VALLEY RANCH, DESCRIBED AS TRACTS 4, 7 AND 8 OF
CERTIFICATE OF SURVEY 4491 AND TRACT 2 OF CERTIFICATE OF SURVEY 5975,
SITUATED IN THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 29 NORTH,
RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Spartan Holdings, LLC, the owner of the certain real property described above, has
petitioned for approval of Phases 1-3 of the Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
January 8, 2019 on the proposal and reviewed Subdivision Report #KPP-18-10
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Phase 1-3 of Eagle Valley Ranch, subject to
certain conditions and recommendations; and
WHEREAS, the Kalispell City Council at its regular council meeting of February 4, 2019,
reviewed the Kalispell Planning Department Report #KPP-18-10, 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 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-18-10 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Spartan Holdings, LLC for approval of the
Preliminary Plat of Phases 1-3 of Eagle Valley Ranch, Kalispell, Flathead
County, Montana is hereby approved subject to the following conditions:
Conditions:
1. 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.
2. All provisions of Ordinance 1814 (Eagle Valley Ranch PUD) shall be complied with.
3. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
4. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water 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.
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
Storm Water Discharge Associated with Construction Activities.
6. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
7. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction.
8. Prior to final plat, 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.
9. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for approaches onto U.S. 93 North. If any improvements are necessary
at the intersection of the roadways, 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.
10. Prior to final plat all mitigation required as part of the approved traffic impact study shall be
completed. All improvements shall be reviewed and approved by either the Public Works
Department or Montana Department of Transportation. A letter from the Kalispell Public
Works Department or Montana Department of Transportation shall be submitted stating that
all new infrastructure has been accepted by the City of Kalispell or State of Montana. If
infrastructure work has not been accepted, a letter stating that a proper bond has been
accepted for the unfinished work by the appropriate agency is required.
11. West Eagle Valley Drive shall be improved to city standards prior to final plat of Phase 2.
12. As part of final plat of Phase 1, the developer shall provide the City of Kalispell a 2-acre
utility lot that is found to be acceptable by the Kalispell Public Works Director. Two sites
have been identified as a suitable location for the water storage facility; a site behind lots
106-115 of this preliminary plat within the common area, and another site located on the nob
adjacent U.S. 93 North, north of Parcel A of COS 6557. The developer shall also provide an
easement for a water line extension to the proposed water utility site.
13. A fire apparatus access road agreement, approved by the Kalispell Fire Chief, for the
secondary access road shall be completed prior to final plat of Phase 1.
14. Lots 9-12 shall not have access off of West Eagle Valley Drive.
15. All existing and proposed easements shall be indicated on the face of the final plat. A letter
from the Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat.
16. 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
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.
18. A homeowner's association (HOA) shall be formed and established for the common areas
prior to final plat.
19. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
20. A letter shall be obtained from the 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.
21. The developer shall provide the Parks and Recreation Department with a park improvement
plan prior to final plat of Phase 1 for the development, which shall include provisions for the
following:
• A minimum 10-feet wide paved pedestrian trail shall be constructed along the entire U.S.
93 frontage within the 100-foot buffer. The trail shall be integrally designed into the
landscape plan required between the highway and the 100-foot buffer. The pathway shall
be as linear as possible and shall not have any bollards obstructing movement.
• All locations where park access is shown to the open space area shall include path
connections to the city right-of-way.
• Common area landscaping.
• Location and type of playground equipment, or equivalent recreational facility to be used
by residents of the development.
22. A park maintenance district shall be formed incorporating all lots, commercial and residential
within the subdivision. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The taxes
levied within the maintenance district shall be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council.
23. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
24. All utilities shall be installed underground.
25. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION 3. 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 4TH DAY OF FEBRUARY, 2019.
ATTEST:
Mark Johns,013
Mayor
Ain6e Brunckhorst, CMC POP
City Clerk
SEAS
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