Resolution 5870 - Preliminary Plat - Rockwood RanchRESOLUTION NO.5870
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
ROCKWOOD RANCH, DESCRIBED AS TRACT 1 OF COS 20588 IN THE NORTHWEST
QUARTER OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, R. Ranch Developments, LLC, 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
April 10, 2018 on the proposal and reviewed Subdivision Report #KPP-18-02 issued
by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Rockwood Ranch subject to certain conditions
and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of May 7, 2018,
reviewed the Kalispell Planning Department Report #KPP-18-02, 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-18-02 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of R. Ranch Developments, LLC for approval of the
Preliminary Plat of Rockwood Ranch, Kalispell, Flathead County, Montana is
hereby approved subject to the following conditions:
1. The Planned Unit Development for Rockwood Ranch allows the following deviations
from the Kalispell Zoning Ordinance:
a) Kalispell Zoning Ordinance, Section 27.06.020 Permitted Uses —Allows townhomes
construction as a permitted use on lots 47, 48, 175-179 and 204-209.
b) Kalispell Zoning Ordinance, Section 27.06.020 Permitted Uses — Allows the
construction of an R.V. parking area provided the following:
i. A letter shall be received from B.P.A. indicating approval of the
design/layout of the parking area.
ii. Landscaping that produces a sight -obscuring barrier shall be provided within
the buffer area to the east of the parking area adjacent the residential
properties.
iii. Security fencing shall be a maximum of 6 feet tall with no barb wire or razor
wire. If chain link, or similar, fencing is used it should be vinyl coated black
or green.
iv. Any other use other than storage is prohibited. The offering for sale thereof of
any item from the R.V. parking area is prohibited.
v. Storage within the R.V. parking area shall be limited to residents within the
subdivision.
vi. The repair, construction, or reconstruction of any boat, engine, motor vehicle,
and storage of any fossil fuel storage tank is prohibited.
vii. R.V.'s parked within the parking area shall maintain a minimum 20'
separation from the BPA power lines.
2. The Planned Unit Development for Rockwood Ranch allows the following deviations
from the Kalispell Subdivision Ordinance:
a) Kalispell Subdivision Regulations, Section 28.3.06 Wetlands — Allows for
development within 100-feet of the wetland boundary developed by RESPEC.
3. That the development of the site will be in substantial conformance with the preliminary
plat documents entitled Rockwood Ranch and associated submittal drawings which shall
govern location of the lots, easements, roadways, phasing plan, covenants and
declarations, landscaping, fencing, parkland, uses and pedestrian access facilities.
4. The preliminary plat approval for the development shall be valid for a period of three
years from the date of approval.
A development agreement shall be drafted by the Kalispell City Attorney between the
City of Kalispell and the developer outlining and formalizing the terms, conditions and
provisions of approval. The final plan as approved, together with the conditions and
restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for
the site that shall be completed and signed by the city and owner prior to the issuance of a
building permit.
6. Architectural renderings for all commercial buildings are required to be submitted to the
Kalispell Architectural Review Committee for review and approval prior to issuance of a
building permit.
7. To ensure the traffic flow and access comply with Kalispell Design and Construction
Standards, the development shall receive Site Review Committee approval prior to issuance
of the building permit for development within the B-1 Zone.
8. 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. Roadways
shall maintain consistent width and not be widened at roadway curves.
9. 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. This includes plans for extension
of services within and adjacent to the development (Spring Creek and Two Mile Drive).
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.
10. The sewer for Phases 2-5 shall be designed to connect into the West Side Sewer
Interceptor. This will require a trunk line extension within Rockwood Avenue generally
from the northwest portion of the property (Phase 5) to the southeast portion of the
property (Phase 3). Final design plans shall be reviewed and approved by the Kalispell
Public Works Department prior to final plat of Phase 2.
11. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater 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.
12. 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 Stormwater Discharge Associated with Construction Activities.
13. Prior to final plat 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 unfinished work.
14. The traffic impact study for the project site shall be reviewed and approved by the Public
Works Department and where appropriate, the Montana Department of Transportation in
order to determine the appropriate mitigation as the project develops.
15. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for approaches onto Three Mile Drive. If any improvements are
necessary at the intersection of the roadways, these improvements shall be completed to
the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to
the city.
16. Prior to final plat all mitigation required as part of the approved traffic impact study shall
be completed. All improvements shall be reviewed and approved by either the Public
Works Department or Montana Department of Transportation. A letter from the Kalispell
Public Works Department or Montana Department of Transportation shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell or State of
Montana. If infrastructure work has not been accepted, a letter stating that a proper bond
has been accepted for the unfinished work by the appropriate agency is required.
17. 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.
18. 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.
19. A park maintenance district shall be formed incorporating all the lots within the
subdivision. The park maintenance district shall not be effective until such time as any
open space or parks are accepted by the city. In this case an assessment would be levied
within the maintenance district to be determined by the Parks and Recreation Department
with approvals by the Kalispell City Council.
20. A park plan shall be created and approved by the Parks and Recreation Director prior to
final plat of Phase 2. The recreational improvements to the parkland shall be equal to the
fair market value of 5.5-acres of undeveloped land.
21. All easements and/or right-of-ways 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.
22. 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."
Department of Natural Resources and Conservation
(Kalispell Subdivision Regulations, Section 3.21(H))
23. That a minimum of two-thirds of the necessary public infrastructure for this subdivision
shall be completed prior to final plat submittal and that both the water and sewer systems
serving this phase be operational.
24. 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.
25. The following pubic right-of-way improvements shall be completed at each phase of the
development:
a) Phase 1 — A temporary construction access road shall be constructed from the
western terminus of Phase 1 to West Spring Creek. The temporary access road shall
be all weather and necessary mitigation should be installed to prevent tracking of
mud, rocks, etc. onto W. Spring Creek.
b) Phase 2 — Westland Drive shall be extended to W. Spring Creek and Rockwood
Drive should be extended to Two Mile Drive.
c) Phase 3 — Two Mile Drive shall be updated to city standards along the properties
southern boundary. 15-feet of right-of-way shall be dedicated in order to provide for
an 80-foot arterial road section.
d) Phase 4 — Three Mile Drive and West Spring Creek shall be updated to city standards
along the property boundaries with those roadways. 10-feet of right-of-way shall be
dedicated along Three Mile within the portion not currently with MDT right-of-way
(western portion) in order to provide for an 80-foot arterial road section. 10-feet of
right-of-way shall be dedicated along West Spring Creek in order to provide for an
80-foot arterial road section.
26. The paths located within Three Mile Drive, Two Mile Drive and W. Spring Creek shall
be maintained by the Rockwood Ranch HOA.
27. The alleyways within the development shall be designated as "private" at time of final
plat.
28. Subdivision signage for the development shall comply with Section 27.22.050(6) of the
Kalispell Zoning Ordinance.
29. A homeowner's association (HOA) shall be formed and established for the common
areas prior to final plat.
30. The developer shall work with Eagle Transit to establish bus stop location(s) within the
Rockwood Ranch PUD. The approved bus stop location(s) shall be included on a revised
PUD plan and submitted with the preliminary plat of phase 5. Bus stop location(s) shall
be improved in accordance with Eagle Transit's requirements, which may include a bus
shelter. This condition is waived if Eagle Transit provides a letter in writing that it will
not serve the development.
31. 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 of Phase 1.
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 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 7TH DAY OF MAY, 2018.
ATTEST:
Mark Johnson
Mayor
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Aimee Brunckhorst, CMC ®`v� °° 0 .'.Y
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