Resolution 6032 - Preliminary Plat - Hutton Ranch AptsRESOLUTION NO.6032
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
HUTTON RANCH APARTMENTS, LOCATED AT 216 HUTTON RANCH ROAD IN
SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA.
WHEREAS, Colton Lee Communities, LLC, the owners of the certain real property described
above, have petitioned for approval of the Subdivision Plat of said property; and
WHEREAS, the proposed Subdivision Plat of said property is subject to the provisions of Section
28.02.07 (Preliminary Plat Process — Minor Subdivision) of the Subdivision
Regulations of the City of Kalispell; and
WHEREAS, Planning Board staff has reviewed the proposed Subdivision and made a report
(KPP-21-04) to the City Council of the City of Kalispell, said report considering the
criteria set forth in Section 76-3-609 MCA; and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of June 21,
2021, reviewed the Kalispell Planning Department Report #KPP-21-04 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-21-04 are hereby adopted as the Findings of Fact of the City Council.
SECTION 2. That the application of Colton Lee Communities, LLC for approval of the
Preliminary Plat of Hutton Ranch Apartments, Flathead County, Montana is
hereby approved subject to the following conditions:
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 the conditional use permit issued to Colton Lee
Communities on August 4, 2020, shall apply.
3. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
4. 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. All design
work shall be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction.
5. The water and sewer main extensions shall be designed and constructed in accordance with
the City of Kalispell's Standards for Design and Construction and in compliance with the
city's facilities update and extensions of services plans. The 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 sewer main
has been built and tested as designed and approved.
6. The water main extension shall be located within the public right-of-way with its specific
configuration subject to review and approval by the Kalispell Public Works Department and
the Montana Department of Transportation.
7. The sewer main extension maybe located within an easement on the subject property subject
to review and approval by the Kalispell Public Works Department, provided that the
easement be exclusive to sanitary sewer and located to the extent possible within driving
aisles.
8. The developer shall submit 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.
9. Storm water runoff from the site shall be managed and constructed per the City of Kalispell
Standards for Design and Construction. Final design will be approved by Kalispell Public
Works Department prior to building permit issuance.
10. If necessary, 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.
11. A Traffic Impact Study shall be submitted to the Kalispell Public Works Department. The
terms and conditions of a Traffic Impact Study (TIS) shall be complied with prior to the
issuance of any building permits.
12. Access to Hutton Ranch Road, including both the access to the roundabout and the existing
access stubbed in near the north property line, is subject to review and approval by Montana
Department of Transportation. A letter of approval from MDOT shall be provided prior to
issuance of a building permit.
13. The existing sidewalk along Hutton Ranch Road shall be extended to the north property line.
The sidewalk should be continued through both access approaches in a manner designed to
meet City of Kalispell Standards for Design and Construction. The full frontage shall also be
developed to city standards, including, but not necessarily limited to, a landscape boulevard
and street trees.
14. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell, any private infrastructure has been
constructed per city standards, and a proper bond has been accepted for unfinished work.
15. All easements and/or rights -of -way 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.
16. A letter from the Kalispell Fire Department approving the access, placement of any fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
17. 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
18. 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.
19. 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
assessments levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
20. Section 28.3.25 of the subdivision regulations requires a waiver of the right to protest a
Special Improvement District ("SID") for roadway improvements in adjacent areas. On the
face of the final plat, there shall be a note stating "The owners hereby waive the right to
protest the creation of an SID for the purpose of financing improvements to area roads which
will specifically benefit this subdivision."
21. A property management plan shall be formed and established to provide for the maintenance
of the common features and areas, including, but not necessarily limited to, parking lots,
recreational amenities, landscaping, and storm drainage.
22. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
23. All utilities shall be placed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
24. 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 21 ST DAY OF JUNE, 2021.
('0====
Mark Johns
Mayor
ATTEST:
Ai e Brunckhorst, CMC
City Clerk
`.%Ju11ri111