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Resolution 5803 - Preliminary Plat - Kalispell North Town CenterRESOLUTION NO.5803 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF KALISPELL NORTH TOWN CENTER, PHASE 1, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19 AND THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Stillwater Corporation, the owner 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 10, 2017 on the proposal and reviewed Subdivision Report #KPP-16-03 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, Phase 1, subject to certain conditions and recommendations; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of February 6, 2017, reviewed the Kalispell Planning Department Report #KPP-16-03, 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 1. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-16-03 are hereby adopted as the Findings of Fact of the city council. SECTION 2. That the application of Stillwater Corporation for approval of the Preliminary Plat of Kalispell Town Center, Phase 1, Kalispell, 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 Ordinance 1630 (Glacier 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. 5. 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. 6. 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. 7. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. 8. Existing onsite infrastructure shall be improved to meet the minimum City of Kalispell Standards for Design and Construction. 9. 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 unfinishedwork. 10. 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. 11. A 10' utility easement needs to be provided for along the arterial streets. 12. 40' of additional right-of-way is required along the northern half of Tract 1 of COS 15221 for the southern portion of Rose Crossing as it approaches the intersection of Whitefish Stage Road. 13. 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 14. 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. 15. A property owner's association (POA) shall be formed and established for the common areas prior to final plat. The POA should include provisions for the maintenance of all common areas including the storm water ponds, parks and open space areas. 16. A parks maintenance district shall be formed incorporating all lots, commercial and residential within the subdivision. 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. 17. 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. 18. The bike path located along US 93 shall be extended across Rose Crossing at the US 93- Rose Crossing intersection. 19. The bike path along Rose Crossing shall not have a mid -block crossing. 20. All utilities shall be installed underground. 21. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 22. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: a) Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code. 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. d) It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e) Street naming shall be approved by the fire department. 23. Flathead Drive should be renamed in coordination with the Public Works Department and Fire Department as it conflicts with an existing named road. 24. At time of final plat of each phase the proportionate share of the water rights shall be transferred to the city. 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 FEBRUARY, 2017. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC k City Clerk i®yes, MO s®////811111111101��®��\