Resolution 6324 - Preliminary Plat - South Town PlazaRESOLUTION NO.6324
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
SOUTH TOWN PLAZA, DESCRIBED AS A TRACT OF LAND LYING IN THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND IN THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Todd Gardner of Gardner Investments, LLC, the applicant for the certain real
property described above, has petitioned for approval of the Subdivision Plat of
South Town Plaza; and
WHEREAS, the Kalispell Planning Commission held a public hearing on April 14, 2026, on the
proposal and reviewed Subdivision Report #KPP-26-01 issued by the Kalispell
Planning Department; and
WHEREAS, the Kalispell Planning Commission has recommended approval of the Preliminary
Plat of South Town Plaza subject to certain conditions and recommendations; and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 4,
2026, reviewed the Kalispell Planning Department Report #KPP-26-01, reviewed the
recommendations of the Kalispell 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-26-01 are hereby adopted as the Findings of Fact of the City Council.
SECTION 2. That the application of Todd Gardner of Gardner Investments, LLC for
approval of the Preliminary Plat of South Town Plaza, 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. (Section
28.2.06, Subdivision Regulations)
2. Development shall be consistent with the approved Gardner/Anderson Ranch Planned
Unit Development (Gardner/Anderson Ranch PUD, Ordinance No. 1926).
3. All development shall comply with the Highway Entrance Corridor Standards as set forth
in Section 27.20.29 of the Kalispell Zoning Ordinance. A minimum twenty (20) foot
landscaped setback shall be provided along the U.S. Highway 93 frontage. This
requirement shall be noted on the final plat.
4. 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)
5. The recommendations in the Geotechnical report shall be followed as the site is
developed. (Section 28.3.10, Subdivision Regulations)
6. 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. (Section 28.3.17,
Subdivision Regulations)
7. The storm water ponds shall be designed in a way that they become a visual interest to
the development. Chain link fencing surrounding retention ponds 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. Any existing ponds being utilized for new phases of
development should incorporate reasonable design features to meet this standard to the
extent practicable. (Gardner/Anderson Ranch PUD Condition)
8. 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)
9. 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
28.3.16, Subdivision Regulations)
10. 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. Prior to final plat, 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)
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. Any water rights associated with the property shall be identified, quantified, and
transferred to the City of Kalispell prior to final plat approval, with documentation
provided demonstrating compliance with Section 28.3.08 of the Kalispell Subdivision
Regulations.
13. 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)
14. All easements and/or rights -of -way 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. (Section 28.3.21, Subdivision Regulations)
15. 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. 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. (Sections 28.3.13, 28.3.14, and 28.3.16, Subdivision
Regulations)
16. 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)
17. 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
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. (Section 28.3.24,
Subdivision Regulations)
19. 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 for installation of the street trees and groundcover be provided to the
Kalispell Parks and Recreation Department. (Chapter 28, Subdivision Regulations)
20. 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. (Section 28.3.22,
Subdivision Regulations)
21. A note shall be placed on the final plat indicating a waiver of the right to protest creation
of a stormwater maintenance district. This district shall only be activated in the event that
the property owner(s) default on the maintenance of the approved stormwater facilities.
The taxes levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council. (Section 28.3.17, Subdivision
Regulations)
22. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note
stating that "The owners hereby waive the right to protest the creation of an SID for the
purpose of financing improvements to area roads which specifically benefit this
subdivision."
23. 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 shall only be
activated in the event that the homeowner's association defaults on their 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. (Section
28.3.14, Subdivision Regulations)
24. A property association (POA) shall be formed and established to provide for the
maintenance of the common areas and infrastructure. The association should include
provisions for the maintenance of all common areas in recorded covenants including, but
not limited to, storm drainage facilities, open space, park areas, streets, and alleys. As
part of the storm drainage facilities, the association will be required to mow the area to
reduce fire hazard and reduce spread of noxious weeds. (Section 28.3.17 & 22,
Subdivision Regulations)
25.. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal. (Section 28.8.01, Subdivision Regulations)
26. 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. (Section 28.3.21(C), Subdivision Regulations)
27. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development. (Section 28.3.02, Subdivision Regulations)
28. The stormwater analysis for the existing retention pond shall be updated to account for
both existing and proposed impervious surfaces associated with the development and
shall demonstrate adequate capacity in accordance with City standards. (Chapter 28,
Subdivision Regulations)
29. An updated infiltration test shall be performed in accordance with the Kalispell Standards
for Design and Construction to verify infiltration rates utilized in the stormwater design.
(Section 28.3, Subdivision Regulations)
30. Any remaining incomplete items associated with the original stormwater pond
construction shall be completed as part of this development. (Section 28.3, Subdivision
Regulations)
31. Under city standards, the developer shall maintain or improve the level of service at any
impacted intersections. The developer is required to install any mitigation that would be
necessary to meet that standard based on any updated TIS reports required through final
engineering review of the subdivision plans. (Section 283.14, Subdivision Regulations)
32. Prior to final plat approval, the applicant shall prepare and submit a new Traffic Impact
Study that reflects current traffic conditions, incorporates cumulative development within
the U.S. Highway 93 corridor, evaluates all impacted intersections and roadway
segments, and identifies all required mitigation necessary to maintain or improve the
existing level of service in accordance with Section 28.3.14 of the Kalispell Subdivision
Regulations. The study shall be based on current data, including updated traffic counts
and existing conditions, and shall not rely solely on previously approved analyses,
studies, or memoranda. The Traffic Impact Study shall be subject to review and approval
by the Kalispell Public Works Department and, where applicable, the Montana
Department of Transportation (MDT). All mitigation measures identified in the approved
Traffic Impact Study shall be completed or financially secured prior to final plat
approval.
33. No access improvements, signalization, or modifications to U.S. Highway 93 shall occur
without prior review and approval by the Montana Department of Transportation.
(Chapter 28, Subdivision Regulations)
34. Sewer construction within the United Drive extension shall be designed to accommodate
the future regional lift station serving the broader development area. (Chapter 28,
Subdivision Regulations)
35. United Drive is identified in the approved Gardner/Anderson Ranch Planned Unit
Development (PUD) as a collector roadway to be constructed and improved in phases as
development occurs. Improvements to the southern portion of United Drive shall be
designed and constructed in accordance with the Kalispell Standards for Design and
Construction and consistent with the phasing and improvement framework established in
the PUD, including construction of a Minor Collector roadway section and associated
infrastructure, as required and approved by the Kalispell Public Works Department.
(Sections 28.3.14 and 28.3.16, Subdivision Regulations)
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 MAY, 2026.
ATTEST:
Aim e Brunckhorst
City Clerk
RyA Hunter
Mayor