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Resolution 6270 - Prelim Plat - Reserve at Johnson RanchRESOLUTION NO.6270 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF THE RESERVE AT JOHNSON RANCH, MORE PARTICULARLY DESCRIBED AS (1) PARCEL B OF CERTIFICATE OF SURVEY NO.14346, LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA; AND (2) THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, EXCEPTING THEREFROM THAT PORTION DEEDED TO FLATHEAD COUNTY FOR ROAD PURPOSES, RECORDED DECEMBER 5, 1899, IN BOOK 30, PAGE 582, AND ALSO EXCEPTING THEREFROM THAT PORTION DEEDED TO THE MONTANA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY PURPOSES, RECORDED JUNE 28, 2007, AS DOC. NO.2007-179-14150. WHEREAS, Spartan Holdings, LLC and Whispering Trails, LLC, the applicants for the certain real property described above, have petitioned for approval of the Subdivision Plat of The Reserve at Johnson Ranch; and WHEREAS, the Kalispell City Planning Commission held a public hearing on June 10, 2025 on the proposal and reviewed Subdivision Report #KPP-25-01 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Commission has recommended approval of the Preliminary Plat of The Reserve at Johnson Ranch subject to certain conditions and recommendations; and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of August 4, 2025, reviewed the Kalispell Planning Department Report #KPP-25-01, reviewed the recommendations of the Kalispell City Planning 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-25-01 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of Spartan Holdings and Whispering Trails for approval of the Preliminary Plat of The Reserve at Johnson Ranch, 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. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Section 28.2.06(E)(7), Subdivision Regulations) As a PUD with an associated preliminary plat application, the abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance. 4. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell Zoning Ordinance. 5. The Planned Unit Development for The Reserve at Johnson Ranch allows the following deviation from the Zoning Regulations: (1) Use: Sec 27.12.020 — Under the B-1 zone, individual retail uses are limited to 4000 square feet or less. This deviation allows a 40,000 square foot neighborhood grocery store along with a total maximum 110,000 square foot footprint for all buildings in the B-1 area. 6. The Planned Unit Development for The Reserve at Johnson Ranch allows the following deviations from the Subdivision Regulations: (1) Roadway: Frontage improvement phasing: Sec. 28.2.09 — Typically, frontage improvements are completed across the full width of the phase being final platted as part of the requirement that each phase should be able to stand on its own. This deviation allows the portion of Phase 1 fronting only on the common area to be deferred to the second phase of development provided that the frontage improvements in the phasing plan are otherwise complied with. (2) Block length: Sec 28.3.12 — Typically, block lengths should not exceed 600 feet. This deviation would allow the block configuration as shown on the submitted preliminary plat. 7. The elevated design is a critical element of the proposal and is necessary to support both the growth policy and the PUD. An architectural appearance equal to or greater than the submitted drawings shall apply to all buildings and the landscaping, both in terms of perimeter buffering and on -site, shall be a predominant feature of the development rather than the buildings and parking areas. 8. The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to develop a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the ponds will act as features, particularly along the roadways, rather than a private maintenance utility facility. (Section 28.3.17, Subdivision Regulations) 9. 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 of any phase, 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. (Section 28.3.17, Subdivision Regulations) 10. 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. (Section 28.3.18, Subdivision Regulations) 11. 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. (Section 28.3.20, Subdivision Regulations) 12. 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. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. (Section 28.3.14 & 20, Subdivision Regulations) 13. 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 water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department and shall be extended in the paved portions of the proposed streets to the far extents of the property. Prior to final plat of any phase, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. (Section 28.3.20, Subdivision Regulations) 14. The existing water main in the paved portion of Stillwater Road shall be extended as appropriate with each phase of development in accordance with the water facility plan and within the subdivision, water mains shall be extended in the paved portions of the proposed streets to the far extents of the property. (Section 28.3.20, Subdivision Regulations) 15. Any water rights associated with the property shall be dedicated to the City of Kalispell per Section 28.3.08 of the subdivision regulations. Only water rights controlled by the subdivider are to be dedicated. 16. The existing sanitary sewer main shall be extended within the paved portion of existing and proposed roadways to the northwestern limits of the development, terminating at a manhole in Stillwater Road. Within the subdivision, sewer mains shall be extended in the paved portions of the proposed streets to the far extents of the property, including road extensions to adjacent properties. (Section 28.3.20, Subdivision Regulations) 17. Provisions shall be made for either a regional lift station to serve the proposed subdivision and adjacent growth area or an oversized gravity main. Either alternative shall ultimately connect to the existing sanitary sewer manhole southwest of the Stillwater Rd/Reserve Dr roundabout in accordance with the sanitary sewer modeling performed for the project. The northeastern portion of the subdivision sewer may connect to a sewer extension from Taelor Rd and should be limited to a peak flow 153.3 gpm as was analyzed with the sewer model. Any additional flow routed through Taelor Road shall be modeled to verify downstream capacities. (Section 28.3.20, Subdivision Regulations) 18. A capacity analysis of downstream gravity main, force main, and lift stations shall be performed with each phase of development. Upgrades required to accommodate sanitary sewage flows from the development will be required to be completed as part of the project development and any associated costs will be borne by the development. (Section 28.3.220, Subdivision Regulations; Section 6.1. LE, Standards for Design and Construction — July 5, 2022) 19. The developer shall submit the street designs to the Kalispell Public Works Department for review and approval prior to construction pursuant to the Standards for Design and Construction. In addition, Sections 28.3.13 and 28.4.14 of the Subdivision Regulations includes access, street and road design standards that shall be part of the engineering design review. Designs shall also include street access control, intersection layout, horizontal and vertical curves, clear vision triangles, signage, and pedestrian facilities. (Section 28.3.13,14, & 16 Subdivision Regulations) 20. A 10-foot private utility easement shall be provided adj oining the right-of-way of Stillwater Road and Old Reserve Drive and shall be provided on all proposed interior roads. (Section 4.1. l .D, Standards for Design and Construction — July 5, 2024) 21. The frontage of the property along Old Reserve Drive and Stillwater Road shall be improved to a minor arterial standard in accordance with the Move 2040 Transportation Plan and City of Kalispell Standards for Design and Construction. (Section 28.3.14, Subdivision Regulations) 22. For Old Reserve Drive and Stillwater Road, full width improvements are required on the development side of the street including, but not necessarily limited to curb and gutter, street signage, striping, sidewalk, street lighting, boulevards and landscaping. Minimum improvements in the opposite side of the road shall include full lane width and shoulder. Improvements shall include the dedication of additional right-of-way along the frontage in order to provide the appropriate right-of-way width and to install required standard improvements. (Section 28.3.14, Subdivision Regulations) 23. All internal streets will be built to a minimum of a local street design standard as appropriate pursuant to the Standards for Design and Construction including, but not limited to sidewalks, landscape boulevard, street lights, and curb and gutter. (Section 28.3.14, Subdivision Regulations) 24. The development is required to maintain or improve the level of service of existing roadway intersections. Recommended mitigation from the Traffic Impact Study shall be implemented. Additional analysis and amendments to the TIS may also be required as phases of development are completed in order to consider other area developments. (Section 28.3.14, Subdivision Regulations; Section 9.1.2, Standard for Design and Construction — July 5, 2022) 25. Per the findings of the TIS, the proposed approach onto Reserve Drive at the south end of the development would require a turning movement restriction of either a right -in / right -out or 3/4 movement approach (which would allow left turns into the approach). Any approach would require the approval of the Montana Department of Transportation. Further, if a 3/4 movement approach is proposed, a left -turn lane shall be provided as approved by MDT. Any additional road widening and right-of-way to accommodate a left -turn lane shall be provided by the development. (Section 28.3.14, Subdivision Regulations) 26. Provisions for roundabouts at both 90 degree turnn locations in Stillwater Road shall be made by reserving right-of-way for future construction. Therefore, right-of-way shall be allocated for the southern half of a future roundabout in the northeast portion of the development where Stillwater Road currently turns 90 degrees and intersects with the LHC gravel pit approach as was indicated in the clarification to the Traffic Impact Study. Right-of-way shall also be allocated for a future roundabout in the northwest portion of the development where Stillwater Road currently turns 90 degrees and intersects with private property accesses. (Section 28.3.14, Subdivision Regulations) 27. A homeowners' association shall be formed and established to provide for the maintenance of the common areas and facilities, including, but not necessarily limited to, storm water, streets, parks and open space. (Section 28.3.17 & 22, Subdivision Regulations) 28.. In order to achieve appropriate slopes for platted lots and driveways, a stamped topographical plan shall be submitted prior to infrastructure construction and recertified prior to final plat showing that the appropriate slopes are met. (Sections 28.3.03 & 28.3.11) 29. The recommendations in the Geotech report and any subsequent updates shall be followed. (Section 28.3.10, Subdivision Regulations) 30. Prior to final plat of any phase, 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. (Section 28.2.09(E), Subdivision Regulations) 31. 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. (Section 2 8.3.2 1, Subdivision Regulations) 32. Per Section 28.3.21 of the Subdivision Regulations, 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 33. 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. (Section 28.3.24, Subdivision Regulations) 34. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of the common areas, including, but not necessarily limited to, roads/alleys, parks and open space. 35. 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. (Section 28.3.23, Subdivision Regulations) 36. 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 adjoining rights -of -way. (Section 28.3.14, Subdivision Regulations) 37. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat. Park area shall meet the criteria for parkland under the subdivision regulations, including, but not necessarily limited to, cross slopes. (Section 28.3.22, Subdivision Regulations) 38. 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. (Section 28.3.22, Subdivision Regulations)