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Staff Report/PUD & Preliminary PlatCity of Kalispell Planning Department 17 - 2°d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT: Wolford Development Montana, LLC -Planned. Unit Development and Preliminary Plat approval for the first phase of the Glacier Town Center project MEETING DATE: January 22, 2008 BACKGROUND: On January 7th 2008, the city council held a public hearing to consider a request for annexation of a 485.5 acre project site into the city of Kalispell with four zoning districts placed on the project site; B-3, B-1, R-4, and R-3. Accompanying the annexation and initial zoning application is a request for two planned unit development (PUD) overlay zoning districts. A commercial PUD with the underlying zoning district of B-3 and a mixed residential/commercial PUD with the underlying zoning districts of 13-1, R-4, and R-3. The conceptual site plan with the PUD, known as Glacier Town Center, provides the general land uses throughout the 485.5 acre project site. These include 282 single family residences, 150 townhomes and 200 apartment or condominium units. The commercial aspect of the project includes a lifestyle center and a separate power center along with a number of commercial and office out -parcels totaling approximately 1.8 million square feet of commercial and office space. In addition to the PUD request the developer requested preliminary plat approval for the first phase of a five phase project. This first phase is located on the west side of the 485.5 acre project site along Highway 93 North. The first phase consists of 191.6 acres divided into 37 lots, 36 of which are commercial lots and one lot for a future community center. The lot sizes range from 1 acre to 39 acres. The first phase also includes 5.6 acres of open space along Highway 93 North and a 17.6 acre park. The 485.5 acre project site is located above West Reserve Drive and spans the distance between Highway 93 North and Whitefish Stage Road. The project site is generally bounded by Glacier Memorial Gardens Cemetery, the Stillwater River, West Reserve Drive and Semitool along its southern boundary, Highway 93 North along it's western boundary, Whitefish Stage Road along it's eastern boundary and a combination of state owned land and lands within the city and county along it's northern boundary. The 485.5 acre project site includes assessor's tracts 2C, 2D, 6A, 1, 3, 4, 1B, 1C, 1CA, 1E, 1F, 1G, 2C, 2CA and is located within portions of Sections 19 and 30 of Township 29 North, Range 21 West, Principle Meridian, Flathead County, Montana. During the public hearing the council heard testimony from persons and groups both for and against the proposed project. One of these groups, North 93 Neighbors, had concerns with the access to the community center lot, lot 37 in phase 1. Since the main access roads adjacent to lot 37 will not be fully completed until phase 3, which is not intended to be completed until 2014, North 93 Neighbors contends that due to the limited access to the lot, it will make it more difficult to both attract a viable sponsor for a community center and provide for future access during and after construction of the community center. They requested the east/west road, Lake McDonald Road, and the north/south road on the west side of the lot be fully completed in phase 1 to provide better access to the site. These concerns were also relayed to the planning board which added a condition to the PUD, recommended condition number 27, requiring the developer to extend Lake McDonald Road to the eastern property boundary of lot 37. Anther issue brought up during the hearing was the multiple ownerships under the proposed PUD. The city zoning ordinance currently requires the land proposed for a PUD overlay zoning district be under a single ownership. However the focus issue raised during the public hearing was the access points onto Highway 93 serving the first phase of the project. It was pointed out that two of the three access points will most likely need to include traffic signals as detailed in a memo from the Montana Department of Transportation. This issue was followed by comments regarding the need to limit or prohibit stop lights north of West Reserve Drive. The concern was that the future Highway 93 bypass would place northbound traffic at an intersection where vehicular traffic would then need to travel through two more signalized intersections before obtaining higher speeds and continuing north on Highway 93. Also at the public hearing CTA provided the city council with a letter detailing issues the developer still has with six of the recommended conditions of approval. The developer is requesting the council consider conditionally approving the project and remove or modify the six conditions as suggested by the developer. The city council should note that each of the conditions the developer has a concern with were discussed individually at the December 11th planning board meeting. The planning board amended several conditions and forwarded to the city council conditions that the planning board felt would comply with the subdivision regulations, zoning ordinance, and be in keeping with the goals and policies found in the Kalispell Growth Policy. RECOMMENDATION: A motion to approve the Planned Unit Development ordinance with 27 conditions as recommended by the planning board and approve the resolution for the preliminary plat with the 23 conditions as recommended by the planning board would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, 7E- 0�"V Sean Conrad Senior Planner Report compiled January 14, 2008 C)'J-Fa�me'sH. Patric City Manager c: Theresa White, Kalispell City Clerk Wolford Development Montana, LLC 1200 Mountain Creek Road, Suite 102 Chattanooga, TN 34715 CTA Architects Engineers 1143 Stoneridge Drive Bozeman, MT 59718 ORDINANCE NO.1630 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY CREATING TWO PLANNED UNIT DEVELOPMENT OVERLAY ZONES OVER CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND LOCATED IN PORTIONS OF SECTIONS 19 AND 30 OF TOWNSHIP 29 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA ZONED WITH CITY R-3, URBAN SINGLE FAMILY RESIDENTIAL, CITY R-4, TWO FAMILY RESIDENTIAL, CITY B-1 NEIGHBORHOOD BUFFER DISTRICT AND CITY B-3, COMMUNITY BUSINESS IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Wolford Development Montana, LLC owns approximately 485.5 acres of real property described within Exhibit "A" attached hereto and incorporated fully herein by this reference, and included within assessor's tracts 2C, 21), 6A, 1, 3, 4, 1B, 1C, 1CA, 1E, 1F, 1G, 2C, 2CA and located in portions of Sections 19 and 30 of Township 29 North, Range 21 West, Flathead County; and WHEREAS, Wolford Development Montana, LLC, the owner of the property described above, petitioned the City of Kalispell that upon annexation the initial City of Kalispell zoning classification attached to the above described tract of land be R-3 - Urban Single Family Residential, R-4 - Two Family Residential, B-1- Neighborhood Buffer District and B-3 - Community Business, with a commercial PUD overlaying the zoning district of B-3 and a mixed residential/commercial PUD overlaying zoning districts of B-1, R-4, and R-3; and WHEREAS, the property is located above West Reserve Drive and spans the distance between Highway 93 North and Whitefish Stage Road. The project site is generally bounded by Glacier Memorial Gardens Cemetery, the Stillwater River, West Reserve Drive and Semitool along its southern boundary, Highway 93 North along its western boundary, Whitefish Stage Road along its eastern boundary and a combination of state owned land and lands within the city and county along its northern boundary; and WHEREAS, the petition of Wolford Development Montana, LLC was the subject of a report compiled by the Kalispell City Planning Office, Amended Staff Report #KA-07-17 and KPUD-07-6, in which the Kalispell City Planning Office evaluated the petition, compiled evidence and recommended that the property as described above be zoned R-3 - Urban Single Family Residential, R-4 - Two Family Residential, B-1 - Neighborhood Buffer District and B-3 - Community Business, with two Planned Unit Development overlays; and WHEREAS, the Kalispell City Planning Board properly noticed and held a Public Hearing on the matter on November 27, 2007 and on December 11, 2007 and after considering all written and oral public comment as well as all other evidence provided through the above described staff reports recommended that the initial zoning be R-3, Urban Single Family Residential, R-4, Two Family Residential, B-1- Neighborhood Buffer District, and B-3 - Community Business, with two Planned Unit Development overlays, upon annexation to the City of Kalispell; and WHEREAS, the Kalispell City Council properly noticed and held a Public Hearing on the matter on January 7, 2008 and received oral and written evidence from the public at that time; and WHEREAS, in making these findings of fact the Kalispell City Council considered the following evidence: a) Amended Kalispell City Planning Office Staff Report KA-07-17, KPUD-07-6 and KPP-07-12 b) All application and other materials provided by applicant including letters received by applicant from the Montana Department of Transportation dated November 27, 2007 and November 28, 2007 c) Minutes of the Kalispell City Planning Board meetings and public hearing dated 11/27/07 and 12/11/07 d) Submittal materials of Kalispell City Planning Board President Bryan H. Schutt dated December 20, 2007 e) Response letter from CTA, applicant's agent, commenting on conditions of approval for Glacier Center PUD and Preliminary Plat approval dated November 27, 2007 f) All evidence, written and oral, provided by the public at the City Council Public Hearing dated January 7, 2008 g) All other written evidence provided in public comment materials received in to the City Clerk's Office on or before January 22, 2008 including the January 4, 2008 Montana Department of Transportation letter to Representative Jon Sonju h) All oral testimony provided at the "Public Speaks" portion of the January 22, 2008 Kalispell City Council meeting WHEREAS, the Kalispell City Council, after considering all the evidence set forth above to create two Planned Unit Development overlays over the initial zoning designations of R-3 - Urban Single Family Residential, R-4 - Two Family Residential, B-1- Neighborhood Buffer District, and B-3 - Community Business, as set forth and described in Exhibit "A", finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M. C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of Kalispell City Planning Office set out in Amended Staff Report No. KA-07-17 and KPUD-07-6. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating two Planned Unit Development overlays upon the real property described in Exhibit "A" attached hereto and incorporated fully herein by this reference. A commercial PUD shall overlay the zoning district of B-3 and a mixed residential/commercial PUD shall overlay the zoning districts of B-1, R-4, and R-3. Said PUDs shall be subject to the following conditions: The Planned Unit Development for Glacier Town Center allows the following deviations from the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance: A. Kalispell Subdivision Regulations, Section 3.1 LA (Sidewalks) i. Allows the development of the roads within the project to be designed as shown in Exhibit F-Roads, of the development application with the following additions: • Road Section A —provide an 8-foot bike path with a minimum 10-foot boulevard along the western side of the road. The bike path shall connect with the path shown along Many Glacier Road on the PUD site plan and extend south to the southern edge of the BPA easement. • Road Section C — provide a 5-foot sidewalk on both sides of the roadway. The sidewalk shall be located to the outside edges of the right-of-way providing a minimum 10-foot boulevard. • Road Section D — provide a 5-foot sidewalk along the outside edge of the roadway. A minimum 5-foot boulevard shall be provided. • Road Section F — provide a 5-foot sidewalk on both side of the roadway with a minimum boulevard width of 5 feet. Note: The southern most access into the subdivision from Highway 93 North shall have an 8-foot bike path in lieu of a sidewalk on the south side of the roadway to connect with the bike path shown on the PUD site plan. • Road Section K —provide a 5-foot sidewalk along the southern edge of the right- of-way along the street frontage of lot 32. • All road sections shall locate the sidewalk or bike path within 1 foot of the right- of-way boundary. B. Kalispell Subdivision Regulations, Section 3.07.B (Block length) Allows a minimum block length of less than 300 feet. C. Kalispell Zoning Regulations, Section 27.06.040(3) (Property development standards - setbacks) Allows the rear setbacks reduced to 10 feet. The 10-foot setback shall be for accessory uses such as garages and, on alley loaded lots, the setback shall be taken from the alley right-of-way. D. Kalispell Zoning Regulations, Section 27.07.020(5) (Permitted Uses within R-4 zoning district) Allows the configuration of three or more townhouse units in the R-4 district only. E. Kalispell Zoning Regulations, Section 27.15.030(13) (Conditionally permitted uses in the B-3 zoning district) Allows retail malls/community shopping centers as a permitted use within the zoning district. The following conditions shall apply to the lifestyle center and power center: The developer shall provide the city with a pedestrian access plan for the entire project site. Both trails and sidewalks shown on the PUD plan and as a condition of approval shall be included in the plan. a. Linear row of landscaping material on average every 200-225 feet (typically every 3-4 rows). b. The landscaping feature will include a combination of trees, bushes and flowers shall extend the length of the parking lot and shall be a minimum of 10 feet wide. c. 1-3 inch round river rock is not an approved landscape material. d. The exterior row of parking lot islands shall be landscaped islands, not just flat concrete slabs. e. Pedestrian connections shall also be made to surrounding streets and the bike path located along Highway 93 North. A minimum of three connections shall be made from the bike path along Highway 93 North to the lifestyle center. A minimum of two connections shall be made from the sidewalk along Rose Crossing to the lifestyle center. Where sidewalks cross traffic lanes, either at public or private streets or within the parking lot, 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. f. The plan shall be reviewed and approved by the city's site review committee. F. Kalispell Zoning Regulations, Section 27.15.040(3) (Property development standards in the B-3 zoning district) Allows zero setbacks for buildings on the following lots: Lots 1, 2, and 3 of block I of phase 1 and lots 23, 24, 25, 26, 27, and 28 of block IV of phase 1. G. Kalispell Zoning Regulations, Section 27.15.040(4) (Maximum building height in the B- 3 zoning district) Allows a maximum building height of 60 feet within the B-3 zoning district. H. The request to deviate from the outdoor lighting standards in the Kalispell Zoning Regulations, Section 27.22.104, is denied. All outdoor lighting shall be designed and installed in accordance with the zoning regulations. 2. The Glacier Town Center conceptual site plan shall be revised to incorporate the conditions of approval of the PUD. The revised site plan shall be reviewed and approved by the city prior to the final plat of phase 1. Note: The implementation of the conditions may result in the loss of dwelling units. 3. The development of the 485.5 acre site shall substantially comply with the materials submitted and the following maps and elevations contained in the PUD application: A. Glacier Town Center Conceptual site plan (as amended per condition 2) B. Land Use map dated August 6, 2007 C. Proposed Underlying Zoning map dated September 4, 2007 D. Roadway Types map dated August 6, 2007 E. Road profile sections A through P dated August 6, 2007 except profile O which is dated September 4, 2007 Note: Several road profiles shall be amended in accordance with condition LA F. Road Ownership map dated August 6, 2007 G. Architectural Elevations for the lifestyle center, power center, commercial and office buildings, single-family, townhouse, and multi -family buildings included in Exhibit H of the application and attached with the sufficiency letter dated November 6, 2007 H. Phasing plan map dated September 4, 2007 I. PUD boundary map dated August 6, 2007 J. Buffer plans for the following areas as modified by condition 11: Highway 93 North Whitefish Stage Road Perimeter landscape buffer K. Sign Plan contained in Exhibit H of the application as amended by condition 14 L. Open Space ownership map with maintenance of the open space areas per condition 9 M. Park plan N. Conceptual Access easement for lots 23 through 28 of Block IV of phase 1 O. Conceptual lot layout plans for single-family and townhomes except that all townhome development shall incorporate alleys P. Streetscape plan for the lifestyle center 4. The following access points or road connections shall be incorporated into the design of future phases of the project: A. Six 60-foot local right-of-ways typically 2 per quarter section along the 3 northerly quarter sections of the project site allowing an average spacing of a street every 560-660 feet shall be provided. B. A minimum of one 60-foot local road right-of-way along the residential block adjacent to tracts 1 and 2 of Certificate of Survey 15221 to provide access to these properties western boundary. C. Two 60-foot local road right-of-ways for assessor's tract 2BA. One road right-of-way shall be located on the western boundary and the other along the northern boundary for access onto the future Lake McDonald Road. D. A roadway connection shall be provided between the residential portion of phase 3 and phase 4, located north of Rose Crossing. E. A minimum of three 60-foot road right-of-ways to connect with the Semitool property located to the east of phase 2 and south of phase 5. One of the roadway connections shall be located from Many Glacier Road east to the Semitool property in the area of the BPA easement. The other two road right-of-ways shall be located between phase 5 and assessor's tracts 3E and 3A. 5. A minimum of 72.3 acres of developed open space and parkland shall be provided within the Glacier Town Center subdivision less any additional required right-of-ways for local roads and Highway 93 created by the conditions. 6. The developer shall provide the Parks and Recreation Department with a detailed park improvement plan and layout for the central park proposed in phase 1 and the park areas in phases 4 and 5. The park improvement plan shall include but not be limited to walkways, turf, irrigation, landscaping, security lighting, children's play equipment, benches, trash receptacles, drinking fountains, where appropriate, and hard surface play areas to include tennis and/or basketball courts. The plan shall be reviewed and approved by the Parks and Recreation Department in conjunction with the Police Department for the security lighting. 7. The developer shall provide minor amenities (i.e. parking lot, trails, benches, picnic tables, trash receptacles) within the open space area adjacent to the Stillwater River. A plan of these amenities shall be provided to the Parks and Recreation Department and Montana Department of Fish, Wildlife and Parks for review and approval. 8. A pedestrian/ bike path plan shall be provided to the Parks and Recreation Department and Police Department which includes the pathway width, construction materials, and security lighting for the paths located throughout the Glacier Town Center subdivision. Specifications for the bike path construction will be determined by the Parks and Recreation Department with recommendations provided by the Montana Department of Fish, Wildlife and Parks in areas where the path comes within 200 feet of the high water line of the Stillwater River. 9. The pedestrian/bike path shall be improved in accordance with the approved plan prior to the final plat of each phase of the project. The parks shall be dedicated and improved in accordance with an approved plan by the Parks and Recreation Department pursuant to the following phasing plan: A. Phase 1: The central park shown on the preliminary plat shall be dedicated to the City of Kalispell and improved B. Phase 2: the 7 acres of open space along the Stillwater River shall be dedicated to the City of Kalispell and improved C. Phase 4: A minimum 2.7 acre park shall be dedicated to the City of Kalispell and improved D. Phase 5: A minimum 2.3 acre park shall be dedicated to the City of Kalispell and improved Note: The City of Kalispell Parks and Recreation Department will maintain the parks in phases 1, 2, 4, and 5 listed above. A property owners association shall be created for the maintenance of all other open space areas on the project site. 10. A park maintenance district shall be formed in accordance with section 7-12-4001 MCA incorporating all the lots, commercial and residential, within the Glacier Town Center subdivision. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Such a district shall become effective upon recording the final plat of phases 1-5 of the Glacier Town Center subdivision. 11. The landscaping and irrigation plans for the buffer areas along Highway 93 North and Whitefish Stage Road shall be reviewed and approved by the Parks and Recreation Department. Landscaping within the perimeter buffer areas of the project site may require irrigation where appropriate as determined by the developer and the Parks and Recreation Department. The buffer areas shall be developed as follows: A. Highway 93 North buffer shall include an irrigated landscaping corridor with undulating topography and have a mix of tree plantings with a ground cover predominately of lawn. B. Whitefish Stage Road shall include an irrigated landscaping corridor with undulating topography with landscaped berms a minimum of 5 feet in height from grade and have a mix of tree plantings with a ground cover predominately of lawn. C. The perimeter buffer shall include a landscaped corridor with a minimum width of 20 feet and have a mix of tree plantings with a ground cover. Buildings shall be located a minimum of 20 feet from the edge of the bike/pedestrian trail. The approved irrigation and landscaping plans shall be installed prior to final plat of the respective phase where the buffer is located. Round river rock 1"-3" in diameter is not an appropriate landscape material. Note: Due to seasonal changes bonding is permitted for the approved landscaping/irrigation plans. 12. The following road intersections shall include engineered roundabouts as part of phase 1 as shown on the conceptual traffic diagram for the Glacier Town Center: • Sweet Meadow Lane and Many Glacier Road • Many Glacier Road and the roadway serving phase 3. • Two roundabouts along Rose Crossing at intersections to be determined by the traffic impact study with input from the Public Works Department. 13. The developer shall work with Eagle Transit to establish bus stop locations throughout the project site. The approved bus stop locations shall be included on the final PUD plan as referenced in condition 2. Bus stop locations shall be improved in accordance with Eagle Transit's requirements. These improvements may include a bus shelter. 14. The signs within the Glacier Town Center shall adhere to the sign plans proposed in the application and referenced in condition 3.K subject to the following conditions: A. Two freestanding signs designated 1.1 of Exhibit H of the application shall be located east of the 100 foot buffer area along Highway 93 North. The signs shall be located at the intersection of Rose Crossing and Highway 93 and the intersection of Sweet Meadows Lane and Highway 93. The use of message boards shall be prohibited. B. One monument sign designated 2.1 of Exhibit H of the application shall be located along the eastern edge of the 100 foot buffer area along Highway 93 North. C. All other detached signs shall be monument signs within the Glacier Town Center Commercial PUD. A monument sign is defined as a freestanding, self-supporting sign, supported by columns and a base, which is placed at ground level, and not attached to any building wall, fence or other structure. Monument signs shall have a maximum building envelope of 6'x6' including architectural embellishments. An example of a monument sign is provided in Exhibit H of the Glacier Town Center application, entry monument sign 2.1. D. Signage on lots 6-10 of Block II and lots 11-16 of Block III of phase 1 shall be limited as follows: i. All monument signs shall be located along the eastern boundary of the lot adjacent to the internal subdivision road. ii. Wall sign area for the west, south and north facing walls of the building shall be limited to a total of 50% of the total sign area allowed for the lot. 15. The maximum building height for the out parcels adjacent to Highway 93 North, lots 6-10 of Block II and lots 11-16 of Block III of Phase 1, shall be 27 feet. 16. Buildings located on the out parcels adjacent to Highway 93 North, lots 6-10 of Block II and lots 11-16 of Block III of Phase 1, and the area designated as B-1 along Whitefish Stage Road in phase 4 shall include four sided architecture in their building design. 17. The single-family residential lots shall use either an alley loaded design or design the house with a minimum garage setback of 10 feet from the front wall of the house. 18. The traffic impact study for the project site shall be reviewed and approved by the Public Works Department and the Montana Department of Transportation in order to determine the appropriate mitigation as each phase of the project develops. The traffic impact study shall be updated for each phase of the development and submitted as part of the preliminary plat application. 19. A detailed plan to screen the lift stations within the project site shall be reviewed and approved by the Parks and Recreation Department and Public Works Department as part of the preliminary plat. Screening of the lift station shall include either enclosing the lift station within a building or the use of fencing and landscaping. 20. Prior to submitting a preliminary plat for phases 2 and 3 the developer shall contact the Department of Military Affairs and work with them to come up with a suitable plan to buffer the anticipated residential land uses adjacent to the existing National Guard facility. 21. If lot 37 of phase 1 reverts back to the developer, the developer shall be required to amend the PUD plan and propose a use compatible with the existing and proposed uses in the area. No building permits shall be issued on the lot until the amended PUD plan is approved by the city council 22. A minimum of two-thirds of the necessary public infrastructure for residential subdivisions on the Glacier Town Center site shall be completed prior to final plat submittal for each residential phase and that both the water and sewer systems serving the residential phase be operational. 23. The first phase shall be filed within three years of approval of the effective date of this PUD. Each successive phase shall be filed within two years of final plat approval of the previous phase. In all events, each phase shall be freestanding in terms of public infrastructure, services, parks and open space. The city council may grant successive one year extension for each phase of the project. A request for a one year extension must be made a minimum of 60 days prior to the expiration date of the phase. 24. 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. 25. The center access off of Highway 93 serving phase 1 shall be reduced from a 110 foot private road right-of-way to a 50 foot private road right-of-way. It shall be designed with 2 way — 2 lane design with a right in — right out access. The road design shall support a 5 foot sidewalk and a minimum 5 foot landscaped boulevard on both sides. 26. The applicant shall reserve lots 15 and 16 at the intersection of Rose Crossing and Highway 93 for a period not to exceed three years from preliminary plat approval for phase 1 for the purpose of allowing the city to undertake in concert with MDOT a corridor preservation study. If a junior interchange is recommended, the applicant shall reserve the necessary land. If the study is not pursued or if the study concludes a junior interchange is not feasible, the restriction over lots 15 and 16 shall be lifted at that time or three years from preliminary plat approval. 27. Lake McDonald Road shall be extended to the eastern property line of the proposed 5 acre community center site, shown as lot 37 on the preliminary plat. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION III. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS DAY OF , 2008. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" Glacier Town Center Zoning Legal Descriptions R-3 Urban Single Family Residential A tract of land located in the Southeast Quarter (SE'/a) and the Southwest Quarter (SWl/a) of Section 19, and the Northeast Quarter (NE'/a) and the Northwest Quarter (NWI/a) of Section 30, all of Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Beginning at a point on the south line of the Southeast Quarter of the Southeast Quarter of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, said point being North 89°40'28" West 607.98 feet from the southeast corner of said aliquot part; thence along said south line of said aliquot part, North 89°40'28" West 79.83 feet to the northwest corner of that parcel of land depicted as Tract 1 on Certificate of Survey No. 15221, records of Flathead County, Montana; thence along the west line of said Tract 1, South 00°12'44" East 662.10 feet to the northwest corner of that parcel of land described in Document No. 200221914230 and depicted as Tract 2 on Certificate of Survey No. 15221, records of Flathead County, Montana; thence along the west line of said Tract 2, South 00°12'44" East 662.17 feet to the southwest corner of said Tract 2; thence along the south line of said Tract 2, South 89°42' 14" East 687.92 feet to the northeast corner of the Southeast Quarter of the Northeast Quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the east line of said aliquot part, South 00° 13'02" East 28.02 feet; thence North 90°00'00" West 1257.41 feet; thence North 00°00'37" East 34.51 feet to the south line of the Northeast Quarter of the Northeast Quarter of the first above said Section 30; thence continuing North 00°00'37" East 1324.52 feet to the south line of the Southeast Quarter of the Southeast Quarter of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence continuing North 00°00' 37" East 36.70 feet; thence North 89°58'24" West 72.32 feet to the west line of said Southeast Quarter of the Southeast Quarter of Section 19; thence North 89058'24" West 138.52 feet to the beginning of a 752.15 foot radius curve to the right; thence northwesterly along said curve through a central angle of 18°02' 23", an arc length of 236.82 feet; thence North 71°56'01" West 96.29 feet to the beginning of a 850.00 foot reverse curve to the left; thence westerly along said curve through a central angle of 47°10'45", an arc length of 699.92 feet; thence South 60°53' 14" West 63.82 feet to the south line of the Southwest Quarter of the Southeast Quarter of said Section 19; thence continuing South 60°53' 14" West 149.14 feet to the west line of the Northwest Quarter of the Northeast Quarter of the abovesaid Section 30; thence continuing South 60°53' 14" West 33.17 feet; thence North 00°32'36" West 89.60 feet to the south line of the Southeast Quarter of the Southwest Quarter of said Section 19; thence continuing North 00°32'36" West 527.48 feet; thence North 90°00'00" West 1298.62 feet to the west line of the Southeast Quarter of the Southwest Quarter of said Section 19; thence along said west line of said aliquot part, North 0093'31" West 800.04 feet to the northwest corner of that parcel depicted as Tract 9 on Certificate of Survey No. 4491, records of Flathead County, Montana; thence along the north line of said Tract 9, South 89°46'02" East 1327.80 feet; thence North 00034'07" West 5.45 feet to the southerly boundary of that tract of land depicted on Certificate of Survey No. 3813, records of Flathead County, Montana; thence along said southerly boundary of said tract, South 89°53'06" East 1377.15 feet to the southwest corner of that parcel depicted as Tract 1 on Certificate of Survey No. 8846, records of Flathead County, Montana; thence South 00° 12'54" West 34.20 feet; thence South 89°52'49" East 1272.80 feet to the east line of the above said Section 19; thence along said east line of said Section 19, South 00°37'31" East 761.17 feet; thence North 66°56'48" West 245.50 feet to the beginning of a 200.00 foot radius curve, concave northwesterly, having a radial bearing of North 67°38'05" West, thence southwesterly along said curve through a central angle of 22°52'27", an arc length of 79.85 feet; thence South 45°14'22" West 404.59 feet to the beginning of a 150.00 foot radius curve to the left, thence southwesterly along said curve through a central angle of 45°07' 11", an arc length of 118.12 feet; thence South 00°07' 11" West 177.67 feet to the Point of Beginning, containing 113.851 acres of land. Subject to Whitefish Stage Road, a Declared County Road being 60 feet in width. B-1 Neighborhood Buffer District A tract of land located in the Southeast Quarter of the Southeast Quarter (SEl/4SEi/a) of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Beginning at the southeast corner of the Southeast Quarter of the Southeast Quarter of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the south line of said aliquot part, North 89°40'28" West 427.98 feet; thence North 00'07' 11" East 165.85 feet; thence North 45° 14'22" East 263.61 feet; thence North 89022'02" East 236.57 feet to the east line of the above said Southeast Quarter of the Southeast Quarter of said Section 19; thence along said east line of said aliquot part, South 00°37'31" East 356.54 feet to the Point of Beginning containing 3.056 acres of land. Subject to Whitefish Stage Road, a Declared County Road being 60 feet in width. R-4 Two Family Residential A tract of land located in the Southeast Quarter of the Southeast Quarter (SE'/4SEI/a) of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Beginning at a point on the east line of the Southeast Quarter of the Southeast Quarter of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, said point being North 00037'31" West 356.54 feet from the southeast corner thereof; thence continuing along the east line of said aliquot part, North 00°37' 31" West 185.48 feet; thence North 66°5648" West 245.50 feet to the beginning of a 200.00 foot radius curve, concave northwesterly, having a radial bearing of North 67°38'05" West, thence southwesterly along said curve through a central angle of 22°52'27", an arc length of 79.85 feet; thence South 45°14'22" West 404.59 feet to the beginning of a 150.00 foot radius curve to the left; thence southwesterly along said curve through a central angle of 45'07' 11", an arc length of 118.12 feet; thence South 00'07' 11" West 177.67 feet to the south line of the above said Southeast Quarter of the Southeast Quarter of Section 19; thence along said south line of said aliquot part, South 89°40'28" East 180.00 feet; thence North 00'07' 11" East 165.85 feet; thence North 45°14'22" East 263.61 feet; thence North 89°22'02" East 236.57 feet to the Point of Beginning, containing 3.719 acres of land. Subject to Whitefish Stage Road, a Declared County Road being 60 feet in width. And A tract of land located in the Southwest Quarter of the Southeast Quarter (SWI/4SEI/a) and the Southeast Quarter of the Southeast Quarter (SEI/4SEI/a) of Section 19, and the Northeast Quarter (NEI/a) of Section 30, all of Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the southeast corner of the Northeast Quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the east line of said aliquot part, North 00°13'02" West 1295.93 feet; thence North 90°00'00" West 1257.41 feet to the true Point of Beginning of the tract of land being described; thence continuing North 90°00'00" West 67.59 feet to the east line of the Southwest Quarter of the Northeast Quarter of the above said Section 30; thence continuing North 90°00'00" West 848.09 feet; thence North 00°00'00" East 39.50 feet to the north line of the above said Southwest Quarter of the Northeast Quarter of said Section 30; thence continuing North 00°00'00" East 251.79 feet to the beginning of a 200.00 foot radius curve to the right, thence northeasterly along said curve through a central angle of 45°00'00", an arc length of 157.08 feet; thence North 45°00'00" East 369.44 feet; thence North 45000'00" West 38.17 feet to the beginning of a 150.00 foot radius curve to the right, thence northerly along said curve through a central angle of 45'07' 11", an arc length of 118.12 feet; thence North 00'07' 11" East 535.51 feet to the north line of the Northeast Quarter of said Section 30, thence continuing North 00°07' 11" East 131.35 feet to a point on a 850.00 foot radius curve, concave southwesterly, having a radial bearing of South 09'01'08" West; thence southeasterly along said curve through a central angle of 09°02'51", an arc length of 134.22 feet; thence South 71°56'01 East 96.29 feet to the beginning of a 752.15 foot radius curve to the left; thence southeasterly along said curve through a central angle of 18°02'23", an arc length of 236.82 feet; thence South 89°58'24" East 138.52 feet to the east line of the Southwest Quarter of the Southeast Quarter of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence continuing South 89°58'24" East 72.32 feet; thence South 00°00'37" West 36.70 feet to the south line of the Southeast Quarter of the Southeast Quarter of said Section 19; thence continuing South 00°00'37 West 1324.52 feet to the south line of the Northeast Quarter of the Northeast Quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence continuing South 00°00'37" West 34.51 feet to the Point of Beginning containing 24.493 acres of land. And A tract of land located in the Southeast Quarter of the Northeast Quarter (SEl/aNE'/a) of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Beginning at a point on the east line of the Southeast Quarter of the Northeast Quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, said point being North 00°13'02" West 1032.96 feet from the southeast corner thereof; thence along the east line of said aliquot part, North 00013'02" West 262.97 feet; thence North 90°00'00" West 982.63 feet; thence South 00°00'00" East 99.59 feet to the beginning of a 150.00 foot radius curve to the right, thence southwesterly along said curve through a central angle of 45°00'00", an arc length of 117.81 feet; thence South 45000'00" West 234.10 feet; thence South 45°00'00" East 205.00 feet to the beginning of a 145.46 foot radius curve to the right; thence southeasterly along said curve through a central angle of 43°55' 11", an arc length of 111.50 feet; thence North 89°59'43" East 249.94 feet to the west line of that parcel of land described in Document No. 200713611350, and shown on Certificate of Survey No. 1890, records of Flathead County, Montana; thence along said west line of said parcel, North 00°12'59" West 341.68 feet to the northwest corner thereof; thence along the north line of said parcel, North 89°07' 19" East 757.00 feet to the Point of Beginning, containing 8.932 acres of and Subject to Whitefish Stage Road, a Declared County Road being 60 feet in width. B-3 Community Business A tract of land located in the Southeast Quarter of the Southwest Quarter (SEl/4SWI/a) of Section 19, and the Northwest Quarter (NWI/a), Northeast Quarter (NEI/a), Southwest Quarter (SWi/a), and Southeast Quarter (SEI/a) of Section 30, all of Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Beginning at a point on the north line of Government Lot 1 of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, said point being South 89°41'25" East 69.82 feet from the northwest corner thereof, said point also being on the north line of that parcel described in Book 550 Page 579, records of Flathead County, Montana; thence along said north line of said Government Lot 1 and along the north line of said parcel, South 89°41'25" East 773.47 feet to the northeast corner of said parcel; thence continuing along said north line of said Government Lot 1, South 89°41'25" East 464.37 feet to the southwest corner of the Southeast Quarter of the Southwest Quarter of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the west line of said aliquot part, North 00°33'31 West 520.46 feet; thence North 90°00'00" East 1298.62 feet; thence South 00°32'36" East 527.48 feet to the north line of the Northeast Quarter of the Northwest Quarter of the above said Section 30; thence continuing South 00°32'36" East 89.60 feet; thence North 60°53'14" East 33.17 feet to the west line of the Northwest Quarter of the Northeast Quarter of the above said Section 30; thence continuing North 60°53' 14" East 149.14 feet to the north line of said aliquot part; thence continuing North 60°53' 14" East 63.82 feet to the beginning of a 850.00 foot radius curve to the right; thence easterly along said curve through a central angle of 38°07'54", an arc length of 565.69 feet; thence South 00°07' 11" West 1.31.35 feet to the north line of the Northwest Quarter of the Northeast Quarter of the above said Section 30; thence continuing South 00'07' 11" West 535.51 feet to the beginning of a 150.00 foot radius curve to the left; thence southerly along said curve through a central angle of 45'07' 11", an arc length of 118.12 feet; thence South 45°00'00" East 38.17 feet; thence South 45°00'00" West 369.44 feet to the beginning of a 200.00 foot radius curve to the left, thence southwesterly along said curve through a central angle of 45°00'00", an arc length of 157.08 feet; thence South 00°00'00" East 251.79 feet to the north line of the Southwest Quarter of the Northeast Quarter of the above said Section 30; thence continuing South 00°00'00" East 39.50 feet; thence North 90°00'00" East 848.09 feet to the east line of the Southeast Quarter of the Northeast Quarter of the above said Section 30; thence continuing North 90°00'00" East 342.37 feet; thence South 00°00'00" East 99.59 feet to the beginning of a 150.00 foot radius curve to the right; thence southwesterly along said curve through a central angle of 45°00'00", an arc length of 117.81 feet; thence South 45°00'00" West 234.10 feet; thence South 45°00'00" East 205.00 feet to the beginning of a 145.46 foot radius curve to the right; thence southeasterly along said curve through a central angle of 43°55'11", an arc length of 111.50 feet; thence North 89°59'43" East 249.94 feet to the west line of that parcel of land described in Document No. 200713611350, and depicted on Certificate of Survey No. 1890, records of Flathead County, Montana; thence along said west line of said parcel, South 00°12'59" East 675.79 feet to the southwest corner of said parcel, said point also being on the north line of the Northeast Quarter of the Southeast Quarter of the above said Section 30; thence along said north line of said aliquot part, North 89°42' 18" West 567.43 feet to the northeast corner of that parcel of land described in Document No. 9407612280 and depicted as Tract 1 on Certificate of Survey No. 9442, records of Flathead County, Montana; thence along the north line of said Tract 1, North 89°41'29" West 993.26 feet to the northwest corner of said Tract 1; thence along the west line of said Tract 1, South 00°15'21" East 1324.29 feet to the northwest corner of that parcel of land described in Document No. 8430608100 and depicted on Certificate of Survey No. 7143, records of Flathead County, Montana; thence along the west line of said parcel, South 00°15'21" East 1294.33 feet to a point on the northerly right-of-way line of West Reserve Drive (Montana Highway Project No. RS 548-1(2)4); thence along said northerly right-of-way line of West Reserve Drive, North 89°44'17" West a distance of 330.86 feet to a point on the west line of the Southwest Quarter of the Southeast Quarter of the above said Section 30, said point also being on the east line of that parcel described in Document No. 200119710190, and as depicted on Certificate of Survey No. 2394, records of Flathead County, Montana; thence along said west line of said aliquot part, and along said east line of said parcel, North 00°15'40" West 694.72 feet to the northeast corner thereof; thence along the north line of said parcel, North 89044'43" West 1335.60 feet to the east line of Government Lot 4 of the above said Section 30; thence continuing along the north line of said parcel, North 89°4443" West 47.77 feet, more or less, to the approximate thread of the Stillwater River; thence leaving said north line of said parcel, and following said approximate thread of said Stillwater River, the following ten (10) courses: North 51°43'38" West 36.49 feet; North 75°13'30" West 65.45 feet; South 50°42'04" West 291.30 feet; South 75°30'07" West 128.45 feet; North 55°32'34" West 100.35 feet; North 01°07'27" East 92.74 feet; North 48°20'43" East 191.54 feet; North 14°48'53" East 122.29 feet; North 12°11'01" West 142.46 feet; and North 22°22'01" West 265.55 feet, more or less, to the north boundary of the above said Government Lot 4; thence along said north boundary of said Government Lot 4, South 89043'03" East 530.65 feet to the southwest corner of the Northeast Quarter of the Southwest Quarter of the above said Section 30; thence along the west line of said aliquot part, North 00°23'28" West 1325.29 feet to the southeast corner of Government Lot 2 of the above said Section 30; thence along the south boundary of said Government Lot 2, North 89°42'28" West 1253.52 feet to the easterly right-of-way boundary of U.S. Highway No. 93 (Highway Project F5-3(32)115); thence six courses along said easterly boundary line of said U.S. Highway No. 93: North 04°29'58" East 189.11 feet, North 00°1l' 13" East 340.08, North 04°34'11" West 60.20 feet, North 00°11'13" East 40.00 feet, North 13°36'03" West 41.31 feet, and North 00° 11' 13" East 655.88 feet to the south line of Government Lot 1 of the above said Section 30; thence continuing along said easterly right-of-way boundary of U.S. Highway No. 93, the following five courses: North 00°11'13" East 164.00 feet, North 14°13'23" East 61.85 feet, North 001111'01" East 940.05 feet, North 13°56'35" West 61.89 feet, and North 00°10'44 East 100.60 feet to the Point of Beginning, containing 330.721 acres of land. RESOLUTION NO.5258 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF GLACIER TOWN CENTER PHASE 1 SUBDIVISION, LOCATED IN PORTIONS OF SECTIONS 19 AND 30 OF TOWNSHIP 29 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO. WHEREAS, Wolford Development Montana, LLC, the owner of the certain real property fully described in Exhibit "A", attached hereto and incorporated fully herein by this reference, has petitioned for approval of the Subdivision Plat of said property; and WHEREAS, the petition of Wolford Development Montana, LLC was the subject of a report compiled by the Kalispell City Planning Office, Staff Report #KPP-07-12 , in which the Kalispell City Planning Office evaluated the petition, compiled evidence and recommended that the proposed Subdivision Plat for Glacier Town Center Phase 1 be approved subject to certain conditions; and WHEREAS, the Kalispell City Planning Board properly noticed and held a Public Hearing on the matter on November 27, 2007 and on December 11, 2007 and after considering all written and oral public comment as well as all other evidence provided through the above described staff reports recommended that the proposed Subdivision Plat for Glacier Town Center Phase 1 be approved subject to certain conditions and recommendations; and WHEREAS, the Kalispell City Council properly noticed and held a Public Hearing on the matter on January 7, 2008 and received oral and written evidence from the public at that time; and WHEREAS, in making these findings of fact the Kalispell City Council considered the following evidence: a) Amended Kalispell City Planning Office Staff Report KA-07-17, KPUD-07-6 and KPP-07-12 b) All application and other materials provided by applicant including letters received by applicant from the Montana Department of Transportation dated November 27, 2007 and November 28, 2007 c) Minutes of the Kalispell City Planning Board meetings and public hearing dated 11/27/07 and 12/11/07 d) Submittal materials of Kalispell City Planning Board President Bryan H. Schutt dated December 20, 2007 e) Response letter from CTA, applicant's agent, commenting on conditions of approval for Glacier Center PUD and Preliminary Plat approval dated November 27, 2007 f) All evidence, written and oral, provided by the public at the City Council Public Hearing dated January 7, 2008 g) All other written evidence provided in public comment materials received in to the City Clerk's Office on or before January 22, 2008 including the January 4, 2008 Montana Department of Transportation letter to Representative Jon Sonju h) All oral testimony provided at the "Public Speaks" portion of the January 22, 2008 Kalispell City Council meeting WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of January 22, 2008, reviewed the Kalispell Planning Department Report #KPP-07-12 and the above described evidence, 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-07-12 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Wolford Development Montana, LLC for approval of the Preliminary Plat of Glacier Town Center Phase 1 Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: General Conditions: That the development of the site shall comply with all conditions and restrictions of the applicable city zoning and 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. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. The preliminary plat approval for phase 1 shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.06). 3. 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)). 4. Prior to M excavation or earthwork, a City Stormwater 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 Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (S WPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and Findings of Fact Section C) Prior to final plat: 5. New infrastructure required to serve the subdivision shall be constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; the design shall be certified in writing by a professional engineer licensed in the State of Montana. 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. (Kalispell Design and Construction Standards) Note: The design of the streets shall be in accordance with the road profiles approved as part of the Glacier Town Center PUD. 6. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. 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. (Kalispell Design and Construction Standards) 7. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water drainage report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. The report shall include a phased construction schedule showing when detention facilities will be constructed. 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. (Kalispell Design and Construction Standards) 8. The developer shall submit to the Kalispell Public Works Department prior to construction, a city storm water management 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. (Kalispell Design and Construction Standards) 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 unfinished work. (Kalispell Design and Construction Standards) 10. The developer shall obtain an approach permit from the Montana Department of Transportation (MDOT) for road connections with Highway 93 North, West Reserve Drive and Whitefish Stage Road. Any necessary improvements at the intersection of the roadways shall be completed to the satisfaction of the MDOT prior to final plat approval and MDOT shall so certify this in writing to the city. 1f 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. (Findings of Fact Section D) 11. 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). 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 shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-5. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the roadasa fire lane. g. Residential fire sprinklers will be taken into consideration when approving fire flows, hydrant locations, and fire department access. 12. The approved parks improvement plan and bike/pedestrian trail plan shall be completed prior to the final plat as referenced in conditions 6 and 9 of the PUD. (Findings of Fact Section D) 13. The 12.3 acre, 1.4 acre, and 3.9 acre open space areas shown on the eastern boundary of the preliminary plat of phase 1 shall be dedicated to the City of Kalispell as referenced in condition 9 of the PUD. (Findings of Fact Section D) 14. 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. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11). 15. The roads within the subdivision 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. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09) 16. 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. (Kalispell Subdivision Regulations, Section 3.18) 17. 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. In addition, the mail delivery site and improvements shall 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. (Kalispell Subdivision Regulations, Section 3.22) 18. 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 (Kalispell Subdivision Regulations, Section 3.18(E)) 19. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area which are impacted by this subdivision." (Findings of Fact, Section D - Roads) On going conditions: 20. Individual driveways are prohibited onto Rose Crossing for lots 16, 19, 20, 21, and 22 of Block H. (Findings of Fact Section D) 21. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 22. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 23. The developer shall comply with Flathead City -County Health Department and the Montana Department of Environmental Quality's rules, regulations and policies regarding activities and placement of sewer lines around the existing well on -site. (Findings of Fact Section C) 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 22nd DAY OF JANUARY, 2008. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Exhibit "A" A tract of land located in the Southeast Quarter of the Southwest Quarter (SE'/4SW'/4) of Section 19, and the Northwest Quarter (NW'/4), Northeast Quarter (NE1/4), Southwest Quarter (SWl/4), and Southeast Quarter (SE'/4) of Section 30, all of Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Beginning at a point on the north line of Government Lot 1 of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, said point being South 89°41'25" East 69.82 feet from the northwest corner thereof, said point also being on the north line of that parcel described in Book 550 Page 579, records of Flathead County, Montana; thence along said north line of said Government Lot 1 and along the north line of said parcel, South 89°41'25" East 773.47 feet to the northeast corner of said parcel; thence continuing along said north line of said Government Lot 1, South 89°41'25" East 464.37 feet to the southwest corner of the Southeast Quarter of the Southwest Quarter of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the west line of said aliquot part, North 00°33'31 West 520.46 feet; thence North 90°00'00" East 1298.62 feet; thence South 00°32'36" East 527.48 feet to the north line of the Northeast Quarter of the Northwest Quarter of the above said Section 30; thence continuing South 00°32'36" East 89.60 feet; thence North 60°53' 14" East 33.17 feet to the west line of the Northwest Quarter of the Northeast Quarter of the above said Section 30; thence continuing North 60°53' 14" East 149.14 feet to the north line of said aliquot part; thence continuing North 60°53' 14" East 63.82 feet to the beginning of a 850.00 foot radius curve to the right; thence easterly along said curve through a central angle of 38°07'54", an arc length of 565.69 feet; thence South 00'07'11" West 13 1.3 5 feet to the north line of the Northwest Quarter of the Northeast Quarter of the above said Section 30; thence continuing South 00'07' 11" West 535.51 feet to the beginning of a 150.00 foot radius curve to the left; thence southerly along said curve through a central angle of 45007' 11", an are length of 118.12 feet; thence South 45°00'00" East 38.17 feet; thence South 45°00'00" West 369.44 feet to the beginning of a 200.00 foot radius curve to the left, thence southwesterly along said curve through a central angle of 45°00'00", an arc length of 157.08 feet; thence South 00°00'00" East 251.79 feet to the north line of the Southwest Quarter of the Northeast Quarter of the above said Section 30; thence continuing South 00°00'00" East 39.50 feet; thence North 90°00'00" East 848.09 feet to the east line of the Southeast Quarter of the Northeast Quarter of the above said Section 30; thence continuing North 90°00'00" East 342.37 feet; thence South 00°00'00" East 99.59 feet to the beginning of a 150.00 foot radius curve to the right; thence southwesterly along said curve through a central angle of 45°00'00", an arc length of 117.81 feet; thence South 45°00'00" West 234.10 feet; thence South 45°00'00" East 205.00 feet to the beginning of a 145.46 foot radius curve to the right; thence southeasterly along said curve through a central angle of 43°55'11", an arc length of 111.50 feet; thence North 89°59'43" East 249.94 feet to the west line of that parcel of land described in Document No. 200713611350, and depicted on Certificate of Survey No. 1890, records of Flathead County, Montana; thence along said west line of said parcel, South 00°12'59" East 675.79 feet to the southwest corner of said parcel, said point also being on the north line of the Northeast Quarter of the Southeast Quarter of the above said Section 30; thence along said north line of said aliquot part, North 89°42' 18" West 567.43 feet to the northeast corner of that parcel of land described in Document No. 9407612280 and depicted as Tract 1 on Certificate of Survey No. 9442, records of Flathead County, Montana; thence along the north line of said Tract 1, North 89"41'29" West 993.26 feet to the northwest corner of said Tract 1; thence along the west line of said Tract 1, South 00°15'21" East 1324.29 feet to the northwest corner of that parcel of land described in Document No. 8430608100 and depicted on Certificate of Survey No. 7143, records of Flathead County, Montana; thence along the west line of said parcel, South 00°15'21" East 1294.33 feet to a point on the northerly right-of-way line of West Reserve Drive (Montana Highway Project No. RS 548-1(2)4); thence along said northerly right-of-way line of West Reserve Drive, North 89°44' 17" West a distance of 330.86 feet to a point on the west line of the Southwest Quarter of the Southeast Quarter of the above said Section 30, said point also being on the east line of that parcel described in Document No. 200119710190, and as depicted on Certificate of Survey No. 2394, records of Flathead County, Montana; thence along said west line of said aliquot part, and along said east line of said parcel, North 00° 15'40" West 694.72 feet to the northeast corner thereof; thence along the north line of said parcel, North 89°44'43" West 1335.60 feet to the east line of Government Lot 4 of the above said Section 30; thence continuing along the north line of said parcel, North 89°44'43" West 47.77 feet, more or less, to the approximate thread of the Stillwater River; thence leaving said north line of said parcel, and following said approximate thread of said Stillwater River, the following ten (10) courses: North 51°43'38" West 36.49 feet; North 75°13'30" West 65.45 feet; South 50°42'04" West 291.30 feet; South 75°30'07" West 128.45 feet; North 55°32'34" West 100.35 feet; North 01°07'27" East 92.74 feet; North 48°20'43" East 191.54 feet; North 14°48'53" East 122.29 feet; North 12°11'01" West 142.46 feet; and North 22°22'01" West 265.55 feet, more or less, to the north boundary of the above said Government Lot 4; thence along said north boundary of said Government Lot 4, South 89°43'03" East 530.65 feet to the southwest corner of the Northeast Quarter of the Southwest Quarter of the above said Section 30; thence along the west line of said aliquot part, North 00°23'28" West 1325.29 feet to the southeast corner of Government Lot 2 of the above said Section 30; thence along the south boundary of said Government Lot 2, North 89°42'28" West 1253.52 feet to the easterly right-of-way boundary of U.S. Highway No. 93 (Highway Project F5-3(32)115); thence six courses along said easterly boundary line of said U.S. Highway No. 93: North 04°29'58" East 189.11 feet, North 00' 11' 13" East 340.08, North 04°34' 11" West 60.20 feet, North 00° 11' 13" East 40.00 feet, North 13°36'03" West 41.31 feet, and North 00° 11' 13" East 655.88 feet to the south line of Government Lot 1 of the above said Section 30; thence continuing along said easterly right-of-way boundary of U.S. Highway No. 93, the following five courses: North 0091'13" East 164.00 feet, North 14°13'23" East 61.85 feet, North 00°11'O1" East 940.05 feet, North 13°56'35" West 61.89 feet, and North 00°10'44 East 100.60 feet to the Point of Beginning, containing 330.721 acres of land.