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Resolution 5478 - Preliminary Plat - Spring Prairie Center Phase 3WHEREAS, Goldberg Properties, Inc, the lessor 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 11, 2011 on the proposal and reviewed Subdivision Report #KPP-10-2 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Spring Prairie Center Phase 3 subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of February 7, 2011, reviewed the Kalispell Planning Department Report #KPP-10-2, 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 I. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-10-2 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Goldberg Properties for approval of the Preliminary Plat of Spring Prairie Center Phase 3, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: General Conditions: 1. Development of the subdivision shall be platted in substantial compliance with the preliminary plat approved which governs the location of lots and roadways within the subdivision and shall be in compliance with the Spring Prairie PUD and PUD agreement adopted in December 2001 as amended. (Spring Prairie PUD) 2. Prior to aM excavation or earthwork, a City Storm Water Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Storm Water Management Permit the developer shall submit a copy of the State General Construction Storm Water Discharge Permit Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Storm Water Management Permit. (Ordinance 1600 and Findings of Fact, Section D) Prior to final plat: 3. The project site's frontage along Treeline Road shall be improved in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All design work shall be reviewed and approved 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, street trees, boulevard and sidewalk. New infrastructure shall tie into the existing street infrastructure. (Findings of Fact, Section D) 4. Water and sewer main extensions shall be reviewed and approved by the Kalispell Public Works Department prior to installation. (Findings of Fact, Section D) 5. 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. (Findings of Fact, Section D) 6. The approved engineered drainage report and design, in accordance with City of Kalispell standards, shall be completed for the entire development (roadways, storm water storage facilities and storm water systems) prior to final plat. (Findings of Fact, Section D) 7. A letter shall be obtained from the Kalispell Public Works Department approving the plans and specifications for streets, water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 — 3.15). 8. A letter shall be provided from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required plans, specifications and standards. A letter from the Kalispell Public Works Department stating that the required improvements have been reviewed and accepted by the city shall be submitted prior to final plat. (Kalispell Sub Regs. Sections 3.09, 3.11 — 3.15). 9. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A). 10. Pedestrian access shall be provided as shown on the Spring Prairie Center "Site Plan" dated 12/29/10. The bike path along Highway 93 shall be installed prior to final plat approval. The following additional development requirements for pedestrian facilities shall apply: a. A pedestrian bike trail (a minimum of 10 feet wide) shall be constructed along the entire US Highway 93 frontage. The bike path shall be integrally designed into the landscape plan required between the curb line of US 93 and the 20 foot required landscape buffer required by the PUD. b. The sidewalk along Treeline Road shall integrate into and connect with the Highway 93 bike path and tie into the existing sidewalk on Treeline Road. C. One east -west sidewalk corridor shall be required to extend through the main tenant parking lots. The sidewalk should be coordinated with the main entrance of one or more of the tenant stores. d. Phase 3 shall have similar pedestrian access treatment required for development in phases 1 & 2. At a minimum this includes the following: ® North -south sidewalks will be required on the internal access roads and within the parking lots. The sidewalks will need to provide a connection to the front doors of the anchor tenants and the sidewalk along Treeline Road. ® A sidewalk will be required along the complete length of the internal private access road that parallels US 93. ® A sidewalk will be required along the fronts of the building pads in a continuous fashion. ® A sidewalk connection shall be made from the sidewalks on the interior of the site to the bike path along Highway 93 on lots 8, 9 and drainage tract C. e. Each internal street shall have detached sidewalks with landscaped boulevard. Sidewalk corridors should be extended through major parking lots in the same theme as phases 1 and 2. f. Unless sidewalks and trails are located inside tenant parking lots they shall be detached in nature with a landscape boulevard between the walk/trail and the curb. g. Sidewalks shall be extended from adjacent trails and sidewalks into actual parcels to provide a connected and continuous walking area. h. All sidewalks located within parking lots shall have a raised concrete surface for separation from traffic and parking. Where sidewalks cross traffic lanes, the sidewalk may be at grade but shall be constructed of colored or textured concrete, stone or other contrasting material to visually denote a pedestrian way. Simply painting the walk area is not adequate. (Per Section 3.03 (B) of the PUD Agreement, Section 1 #8 of the PUD ordinance and submitted site plan dated 12/29/10). 11. Development of an overall landscape plan addressing public and private street boulevards, street trees, perimeter project landscaping, parking lot landscaping and all common area landscaping shall be submitted to the Parks and Recreation Department for review and approval in writing prior to installation. The plan shall address all PUD requirements and compliance with attached plans and application materials. The landscaping improvements in the public R/W and the landscape strip described in (c) below shall be accomplished at the time of final plat. The landscaping improvements on private property shall be addressed at the time of building permit issuance. In particular the landscape plan shall address: a. All landscape buffers, boulevards, tree planters, landscape islands, tree wells, etc. and common areas with live landscape materials shall be provided with adequate irrigation. b. The applicant or future leases shall be responsible to insure the live landscaping as approved on the original landscape plan and installed is maintained in a "live" condition. c. An irrigated landscape corridor of at least 20 feet in width shall parallel the R/W of US Highway 93 including undulating topography and have a mix of tree plantings with a ground cover predominately of lawn. A similar 10-foot landscape treatment shall be developed along the Bypass Corridor. d. In developing the landscape plan, the developer shall comply with the definition of landscaping as defined in the Kalispell Zoning Ordinance. Bark, mulch, rock, etc. may augment live landscape features but the primary feature in all landscaping treatments shall be growing materials unless specifically modified as in special cases such as internal parking lot sidewalk corridors where trees would be in a protective grate as they line a sidewalk and form a canopy. e. Landscape islands within parking lots shall incorporate predominately living materials. One exception would be the raised sidewalk corridors extending through the parking lots as shown on the submitted December 29, 2010 Spring Prairie Center site plan where trees within tree grates lining sidewalks is acceptable. Note that in parking lot landscape islands, shade trees shall be placed in such intensity and location as to form a canopy where they cover or line sidewalks and where ever they are used, a visual break from the open asphalt parking areas surrounding it. The site plan shows two shade trees at the ends of islands and 4 trees within internal islands. This may or may not be adequate depending on species selected. f. The major landscape corridor extending north -south through the major tenant parking lots shall include raised curb planters measuring approximately 18' x 36' or typically 4 parking spaces in size. (Kalispell Subdivision Regulations, Section 3.11 and the Spring Prairie PUD) 12. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20; Findings of Fact, Section D). a. Water mains designed to provide required fire flows shall be installed per City specifications at approved locations. Fire flows shall be in accordance with International Fire Code, Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. C. Fire Department access shall be provided in accordance with International Fire Code Chapter 5. d. Street naming shall be approved by the fire department. e. Addressing shall comply with the International Fire Code and Kalispell Fire Department Standard Operating Guidelines. f. Required fire flows shall be verified and approved by the Kalispell Fire Department prior to combustible construction. 13. The applicant shall obtain the necessary permitting and approval letters from BPA certifying that the subdivision is developed in accordance with BPA's requirements for development within the 250 foot right-of-way. (Findings of Fact Section A) 14. 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. (Kalispell Subdivision Regulations, Section 3.18) On -going Conditions: 15. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 16. Hazardous weed abatement shall be provided in accordance with Kalispell Municipal Code section 10-8 and a note shall be placed on the face of the final plat stating that hazardous weed abatement shall be provided in accordance with Kalispell Municipal Code section 10-8. 17. The preliminary approval for Phase 3 shall be valid for a period of three years from the date of approval. (Kalispell Sub. Regs. Section 2.06 (E)(7). SECTION 111. 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 7TH DAY OF FEBRUARY, 2011. Tammi Fisher� ATTEST: Mayor :Z Theresa White City Clerk