Resolution 5008/Preliminary PlatRESOLUTION NO.5008
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
GRANARY RIDGE TOWNHOMES, MORE PARTICULARLY DESCRIBED AS LOTS 3
AND 4 OF SUBDIVISION #1150 AND ASSESSOR'S TRACT 5C IN THE SOUTHWEST
QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, Valley Ventures 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 12, 2005, on the proposal and reviewed Subdivision Report #KPP-05-4 issued
by the Tri-City Planning Office, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission did not recommend
approval of the Preliminary Plat of Granary Ridge Townhomes due to a vote of three
in favor and three opposed, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 16,
2005, reviewed the Tri-City Planning Office Report #KPP-05-4, 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 L That the Findings of Fact contained in Tri-City Planning Office Report
#KPP-05-4 are hereby adopted as the Findings of Fact of the City Council.
SECTION 11. That the application of Valley Venture LLC for approval of the Preliminary
Plat of Granary Ridge Townhomes, Kalispell, Flathead County, Montana is
hereby approved subject to the following conditions:
That 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 PUD as approved by the city council. (Kalispell Subdivision Regulations,
Appendix C — Final Plat)
2. That covenants, conditions, and restrictions for the subdivision shall reflect a provision for the
maintenance of common areas and the private internal roadway that are proposed for the
townhouses. Setbacks for the townhouses accessed via an interior street shall be measured
from the edge of the easement and shall be 20 feet in the front and ten feet in the rear and five
feet on the sides with the exception of the zero lot line required to achieve the townhouse
configuration. (Site Development Review Committee)
3. At the time of final plat a provision shall be made for the pro-rata share of ownership of the
common area for taxation purposes.
4. That the development of lots in the PUD shall be subject to architectural review as outlined in
the application and supporting materials and a letter be submitted to the Kalispell Site
Development Review Committee from the Architectural Review Committee of the
homeowners association prior to the issuance of a building permit. (Site Development Review
Committee)
S. That the plans and specifications for all public infrastructure be designed and installed in
accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision
Regulations with the exception of the roadway as further enumerated below. A letter shall be
obtained stating that they have been reviewed and approved by the Kalispell Public Works
Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01).
6. The internal -road profile shall consist of a 24 foot wide roadway, two foot curb and gutter, a
five foot boulevard on the western boundary of the access road and a five foot sidewalk
adjoining the five foot. boulevard.
7. That a minimum 10-foot buffer shall be established along the north boundary of the
development to provide screening and buffering for the property to the north. This shall be in
the form of berming fencing or landscaping or a combination thereof. These improvements are
to be coordinated with the Kalispell Public Works Department and the Parks and Recreation
Department.
S. The proposed berming and landscaping along whitefish Stage Road shall be reviewed and
approved by the Kalispell Parks and Recreation Department to ensure satisfactory buffering and
landscaping. The landscape materials shall consist primarily of living green plant, grasses and
shrubs.
9. The proposed pedestrian access at the northwest corner of the site shall connect with the
internal sidewalk and shall be of concrete construction. A crosswalk shall be installed from this
pedestrian path across Whitefish Stage Road that is coordinated and approved by the Montana
Department of Transportation, Flathead County Road Department and Kalispell Public Works
Department.
10. That a ten foot right of way reservation for future acquisition for the upgrade of Whitefish
Stage Road shall be indicated on the face of the final plat.
11. The following requirements shall be met per the Kalispell Fire Department: Kalispell
Subdivision Regulations, Section 3.20).
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 (2003) 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 (2003)
Chapter 5.
d. Secondary emergency vehicle access shall be provided in accordance with International Fire
Code (2003) Chapter 5 and Kalispell Subdivision Regulations.
e. It should be noted that hazardous weed abatement shall be provided in accordance with City
of Kalispell Ordinance 10-8.
f. Street naming shall be approved by the fire department.
12. That a letter be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the five foot
landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision
Regulations, Section 3.11).
13. That the parkland requirement of 11 percent of the area in tots which is 2.13 acres and is
equivalent to 0.2343 of an acre shall be met through cash in lieu of parkland. The cash in lieu
of parkland shall be based on $45,000 per acre and is equivalent to $1.0,544. (Kalispell
Subdivision Regulations, Section 3.19).
14. The private internal roadway shall be named and signed in accordance with the policies of the
Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be
subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision
Regulations, Section 3.09).
15. That a note be placed on the face of the final plat that waives protest to the creation of any
special improvement districts for the upgrade of roads in the area to City standards which may
be impacted by this development.
16. A geotechnical study of the slope shall be conducted prior to final plat submittal demonstrating
its stability as a building site. (Kalispell Planning Board)
17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
18. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
3.09(L)).
19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
22. That a development agreement 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.
23. That preliminary plat approval for the first phase of the planned unit development shall be valid
for a period of three years from the date of approval. (Kalispell Subdivision Regulations,
Section 2.04).
SECTION Ili. 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 16TH DAY OF MAY, 2005.
P'a-mela B. KennVdy
Mayor
ATTEST:
Theresa White
City Clerk