Resolution 5025/Preliminary PlatRESOLUTION NO.5025
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
HUTTON RANCH PLAZA, MORE PARTICULARLY DESCRIBED AS ASSESSORS
TRACT 3 AND A PORTION OF ASSESSOR'S TRACT 4G LOCATED IN SECTION 31,
TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Hutton Ranch Plaza Associates 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
June 14, 2005, on the proposal and reviewed Subdivision Report 4KPP-05-12 issued
by the Tri-City Planning Office, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of .Hutton Ranch Plaza, subject to certain conditions
and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 5,
2005, reviewed the Tri-City Planning Office Report #KPP-05-12, 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 Tri-City Planning Office Report
#KPP-05-12 are hereby adopted as the Findings of Fact of the City Council.
SECTION IL That the application of Hutton Ranch Plaza Associates for approval of the
Preliminary Plat of Hutton Ranch Plaza, 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 planned unit development as approved by the city council. (Kalispell
Subdivision Regulations, Appendix C Final Plat)
2. That the plans and specifications for all public infrastructure be designed and in accordance
with Kalispell* s Standards for Design and Construction Standards and 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).
3. A letter shall be submitted with the final plat from an engineer licensed in the state of Montana
certifying the improvements have been constructed in accordance with the approved plans and
specifications. As built drawings shall be submitted to the Kalispell Public Works Department
prior to final plat submittal for the completed infrastructure. A letter from the public works
department shall accompany the engineer's certification stating that this condition has been
met or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design
Standards, Section 3.01)
4. The proposed development area within the site shall be substantially the same as indicated on
the preliminary site plan submitted with the application or as modified by these conditions.
5. That the internal access road at the southwest portion of the site providing access to the
property to the south be constructed as a frontage road and that the parking along the frontage
road be eliminated. The road design shall be coordinated through the Kalispell Public Works
Department. (Site Development Review Committed
6. 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. It should be noted that hazardous weed abatement small be provided in accordance with City
of Kalispell Ordinance 10-8.
C. Street naming shall be approved by the fire department.
7. A plan shall be developed and in place that addresses the grading, revegetation, irrigation and
maintenance of the undeveloped areas that creates a weed free, dust -free area until such time
as that phase is fully developed prior to construction.
8. That a comprehensive traffic impact study be completed which identifies all expected traffic
impacts and proposals for mitigation, and that appropriate approach permits be obtained from
the Montana Department of Transportation and the City of Kalispell.
9. That pedestrian walkways be provided as indicated on the site plan that provide a continuous
and connected system with the existing walkways along Highway 93 including a sidewalk on
both sides of the main entrance road separated by a minimum five foot landscape buffer.
10. That landscaping be completed in substantial compliance with the plan that was submitted
and would be subject to review and approval by the Parks and Recreation Department. This
would include landscaping along the highway, internal public street, internal access road,
parking lots and common areas.
11. That the use of retaining walls in excess of four feet tall be avoided, but rather the
implementation of landscaped terracing be used to make the transition in areas with the
steepest grades.
12. The list of materials and exterior building treatments that was part of the application for the
final development of the buildings be included in the development agreement with the City.
13. That a lighting plan be submitted which utilizes attractive lighting fixtures and a type and level
of lighting not exceeding what is appropriate for its purpose. The light poles shall be limited
to a maximum of 30 feet with a full cut-off lens that does not shed light above 20 degrees
below the horizontal plane. No more than .5 candles of light are permitted at the edge of the
site.
1.4. That the uses allowed within the development shall not include those which require areas for
the display of large merchandise such as new and used automobile sales, manufactured home
sales, recreational vehicle sales and lumberyards. This would not preclude incidental events
associated with the other businesses on the site.
15. That the theatre and hotel proposed for the eastern portion of the site shall not exceed 60 feet in
height from the highest point of the gable or parapet wall.
16. That the refuse areas be adequately screened from public view.
17. That a good faith effort be made by the developer to provide access to the property to the north
to provide connectivity between the sites.
18. That the covenants be recorded and made apart of the development agreement with the city to
insure maintenance of common areas within the development and which grant cross easement
access between the lots and throughout the development for parking, access and utilities.
19. That the phasing and timing of the development shall occur as proposed. Bonding for the
proposed infrastructure and improvements or other acceptable means of insuring that the
improvements will be completed as proposed shall be provided by the developer.
20. The developer and City of Kalispell shall execute a development agreement based on terms and
conditions included in the planned unit development.
SECTION III. 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 5TH DAY OF JULY
ATTEST:
Theresa White
City Clerk
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