Resolution 5964 - Preliminary Plat - Stillwater Bend Ph 1RESOLUTION NO.5964
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
STILLWATER BEND PHASE 1, DESCRIBED AS 25 ACRES GENERALLY LOCATED IN
THE EAST HALF OF ASSESSOR TRACT 1F IN SECTION 25, TOWNSHIP 29 NORTH,
RANGE 22 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 the Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
January 14, 2020 on the proposal and reviewed Subdivision Report #KPP-19-02 issued
by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval
of the Preliminary Plat of Stillwater Bend Phase 1 subject to certain conditions and
recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of February 3,
2020, reviewed the Kalispell Planning Department Report #KPP-19-02, 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-19-02 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 Stillwater Bend Phase 1, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
The Planned Unit Development for Stillwater Bend allows the following deviations from the
Zoning Regulations:
a) Kalispell Zoning Ordinance, Section 27.20.029(3) — Allows a reduction of the
entrance corridor highway buffer from 100-feet to 50-feet.
2. The Planned Unit Development for Stillwater Bend allows the following deviations from the
Kalispell Subdivision Regulations:
a. Kalispell Subdivision Regulations, Section 28.3.07(B)(1) — Allows a reduction in
Stillwater River setback from 200-feet to the setback line determined by the
geotechnical report, provided the setback cannot be less than 100-feet.
3. A 100-foot Stillwater River setback shall be restored with native riparian habitat. A
landscape plan shall be submitted by a specialist (landscape architect, engineer, hydrologist,
botanist, scientist, etc.) with experience in riparian area restoration. The landscape plan shall
be approved by the Parks and Recreation Director in addition to any other applicable
governmental agencies prior to final plat.
4. As part of the engineering review process, the City of Kalispell shall have the option to
submit the geotechnical analysis to a third party for review.
Architectural renderings are required to be submitted to the Kalispell Architectural Review
Committee for review and approval prior to issuance of a building permit. Building design
shall be provided as listed below:
a. Four sided architecture is required for all structures and buildings. Large, rectangular
masses should be avoided by incorporating offsets in the wall and roof. A change in
the plane of the walls, changing the direction or providing some variety in the roof
form gives diversity and visual interest.
b. Entries should be a prominent component of the building face by providing an
architectural covered or recessed entry with modified roof accent and increased
usage of windows and trim.
c. Franchise architecture may be subject to modification to achieve the building style
objectives.
d. The design of gas pump islands shall be architecturally integrated with other
structures on -site using similar colors, materials and architectural detailing.
e. All roof mounted equipment, i.e. HVAC, should be shielded from all views.
6. Free standing signage within the common area adjacent to the highway shall be limited to
one monument sign as defined in Section 27.20.29(1)(b). The sign shall be limited to 22-feet
in height and 90 square feet per face. The sign shall also function as a common monument
sign for the development.
7. Lots within the development shall be limited to the sign standards applicable to the B-2
Zone, except for Lots adjacent to the common area, currently shown as Lots 1, 5, 9, 12, 14,
and 15. Free standing signage on those lots shall be limited to 6-feet in height and 36 square
feet per face and located to the west of the building constructed on the lots.
8. Buildings on Lots 1, 5, 9, 12, 14, and 15 shall be limited to 45-feet in height.
9. The storm water pond shall be designed in a way that it becomes a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant fixture is
prohibited. The developer shall work closely with the Parks Department and Public Works to
come up with a design that is both visually appealing and meets the required safety
guidelines. It is intended that when the project is developed the pond will act as a
recreational feature and extension of the Stillwater River buffer, rather than a private
maintenance utility facility.
10. An 8-foot impervious path shall be constructed within the common area connecting the
unnamed north/south City street to Phase 2 to the west.
11. 5-foot sidewalks shall be constructed within the private drives accessing Lots 1-8.
12. Direct access onto Rose Crossing shall be prohibited.
13. 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.
14. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
15. 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.
16. 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.
17. 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.
18. Water mains shall not terminate in dead ends.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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
25. 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.
26. A property owners' association (POA) shall be formed and established for the common areas
prior to final plat. The POA should include provisions for the maintenance of all common
areas.
27. 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.
28. 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, common area, and highway buffer.
29. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. 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.
30. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
31. All utilities shall be installed underground.
32. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
33. A 310 permit shall be obtained from the Montana Department of Natural Resources and
Conservation — Conservation District Bureau, for any disturbances/and or improvements
adjacent the Stillwater River.
34. An approval from the Army Corps of Engineers shall be obtained for work adjacent the
Stillwater River.
35. The developer shall work with Eagle Transit to establish bus stop location(s) within the
development. Bus stop location(s) shall be improved in accordance with Eagle Transit's
requirements, which may include a bus shelter. This condition is waived if Eagle Transit
provides a letter in writing that it will not serve the development.
36. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior to
final plat.
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 3RD DAY OF FEBRUARY, 2020.
ATTEST:
Airhee Brunckhorst, CMC
City Clerk
Mark Johns n
Mayor