Resolution 5970 - Preliminary Plat Kalispell North Town Center, Phase 2RESOLUTION NO.5970
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
KALISPELL NORTH TOWN CENTER, PHASES 3 AND 4, DESCRIBED AS LOT 1A OF THE
AMENDED PLAT OF BLOCK 3 OF KALISPELL NORTH TOWN CENTER - PHASE 2 AND
LOTS 8 AND 9, BLOCK 1 AND LOT 1, BLOCK 2 OF KALISPELL NORTH TOWN CENTER —
PHASE 2 LOCATED IN PORTIONS OF THE SOUTH HALF OF SECTION 19 AND THE
NORTH HALF OF SECTION 30, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, Eagle Valley Ranch Apartments, LLC and Stillwater Corporation, the owners 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
March 10, 2020 on the proposal and reviewed Subdivision Report #KPP-19-04 issued by
the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval
of the Preliminary Plat of Kalispell North Town Center, Phases 3 and 4, subject to
certain conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of April 6, 2020,
reviewed the Kalispell Planning Department Report #KPP-19-04, 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 L That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-19-04 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Eagle Valley Ranch Apartments, LLC and Stillwater
Corporation for approval of the Preliminary Plat of Kalispell Town Center,
Phases 3 and 4, Kalispell, Flathead County, Montana is hereby approved subject
to the following 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 applicable conditions within Ordinance 1630 (Kalispell North Town Center PUD) shall
apply.
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, or a proper bond is in place for said improvements.
. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosione"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.
. 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 of any new mains located within the new unnamed street located between Cascade
Loop and Lincoln Street as well as any extensions necessary to serve Lots 11, 14, 15, and 16.
7. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction of the new unnamed street located between Cascade
Loop and Lincoln Street.
. 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.
. 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.
10. 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
1 1. 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.
12. A homeowner's association (HOA) shall be formed and established for the common areas prior
to final plat. The HOA should include provisions for the maintenance of all common areas
including the storm water ponds and open space areas.
13. A note shall be placed on the final plat stating that owners waive their right to protest a Special
Improvement District for maintenance of common areas. A district shalt only be activated in the
event that the homeowner's association defaults on their common area maintenance obligations.
The taxes levied within the special improvement district shall be determined by the appropriate
city department with approvals by the Kalispell City Council.
14. 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 be
provided to the Kalispell Parks and Recreation Department.
15. All utilities shall be installed underground.
16. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
17. 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.
18. The trail crossing at Rose Crossing shall include the installation of a pedestrian -actuated
rectangular rapid flashing beacon.
19. The trail crossings at Lincoln Street, Cascade Loop and Jefferson Boulevard are permitted only
at designated intersections as agreed upon by Public Works.
20. Lots 8, 9, and 10 shall only gain access off of Cascade Loop as approved by Public works.
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 6TH DAY OF APRIL, 2020.
Mark Johns n
Mayor
ATTEST:
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