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Resolution 4853 - Preliminary Plat - Spring Prairie CenterRESOLUTION NO.4853 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF SPRING PRAIRIE CENTER, MORE PARTICULARLY DESCRIBED AS LYING IN THE E2 OF THE NE4 OF SECTION 36, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, the Department of Natural Resources, owner, and Goldberg Properties, Inc., developer, of the certain real property described above have 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 November 12, 2003, on the proposal and reviewed Subdivision Report 9KPP-03-14 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 Spring Prairie Center, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of December 1, 2003, reviewed the Tri-City Planning Office Report #KPP-03-14, 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-03-14 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of the DNRC and Goldberg Properties, Inc. for approval of the Preliminary Plat of Spring Prairie Center, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: That the development of this site will be in compliance with the adopted Spring Prairie PUD and PUD agreement adopted in December 2001 as amended. (Spring Prairie PUD). 2. That the development of the site will be in substantial conformance with the approved preliminary plat documents entitled Spring Prairie Center and associated submittal drawings which shall govern the general location of the lots, easements, roadways freestanding signage, landscaping and pedestrian access facilities except as modified by the conditions listed herein. Those documents are listed below. (Kalispell Sub. Regs. Appendix C -- Final Plat I(A) Contents of final plat.) • Spring Prairie Center Site plan dated 10/16/03 • Spring Prairie Center Preliminary Plat Document A-1 dated 10/6/03 • Spring Prairie Center Site Drainage Concepts DP dated 9/30/03 • Spring Prairie Proposed Infrastructure Section 36, T29N, R22W as approved by DNRC • Spring Prairie Center Phasing Schedule dated 10/16/03 • Spring Prairie Center Phase One Utility and Road Infrastructure dated 9/30/03 3. That the public streets serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. (Kalispell Sub. Regs. Section 3.01 & 3.09A). 4. The road 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. (Kalispell Sub Regs. Sections 3.09 K(7) & M). 5. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and said plan shall be reviewed and approved by the Kalispell Public Works Department. (Kalispell Sub. Regs. Section 3.12 A). 6. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 — 3.15). 7. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. (Kalispell Sub Regs. Sections 3.09, 3.I 1 — 3.15). The two major cast -west roads (one on the north and the other on the south) exiting out onto proposed traffic lights will be dedicated to the City. All remaining roads will be private in terms of ownership and maintenance. (Site Review Committee). 9. The two city streets extending east -west form the proposed traffic signals should be designed to minimum Collector Road Standards. (Kalispell Subdivision regulations Sec. 3.09, Table 1), 10. The southerly east -west City street which forms the southerly boundary to the subdivision shall be accessible and available to provide coordinated access to the lands to the south including the DNRC State Office Complex and the Kalispell Kid's Sports site. 11. The applicants engineer shall certify to the City that it has received access approach permits from. MDT and that all conditions of each access permit, including required traffic studies and required improvements have been achieved and or installed to the satisfaction of MDT. (Per request of Steve Herzog, Maintenance Supervisor, MDT Kalispell Office). 12. Pedestrian access shall be provided as shown on the Spring Prairie Center "Site Plan" dated 10/16/03. In addition to and for clarification the following shall apply: a. A pedestrian bike trail (typically a minimum of 10 feet wide) shall be constructed along the entire US Highway 93 frontage with each phase. The bike path shall be integrally designed into the landscape plan required between the curb line of US 93 and the 20 foot required landscape buffer required by the PUD. b. All sidewalks extending westerly from the three main access roads shall integrate into and connect with the Highway 93 bike path. C. In lieu of a sidewalk, a bike trail should be constructed along the south side of the southerly major east -west access road which forms the southern boundary of phase 2 of the subdivision. d. In addition, one east -west sidewalk corridor per major tenant parking lot are shown and will be required to extend through the main tenant parking lots in Phases I and 2. The sidewalk should be coordinated with the main entrance of the major tenant store. e. North -south sidewalks will be required along two north -south corridors provided in this subdivision. First, a sidewalk will be required along the complete length of the internal private access road that parallels US 93 and bisects the traffic circle. Second, a sidewalk will be required along the fronts of the major building pads including Lowe's extending from the south boundary bike trail to the north boundary of the subdivision in a continuous fashion. f. Phase 3 shall have the same pedestrian access treatment as specified above for Phases I & 2. Each internal street shall have detached sidewalks with landscaped boulevard. Sidewalk corridors should be extended through major parking lots in the same theme as phases I and 2. g. Unless sidewalks and trails are located inside tenant parking lots they shall be detached in nature with a landscape boulevard between the walk/trail and the curb. h. Sidewalks shall be extended from adjacent trails and sidewalks into actual parcels to provide a connected and continuous walking area. i. All sidewalks located within parking lots shall have a raised concrete surface for separation from traffic and parking. Where sidewalks cross traffic lanes, 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. Per Section 3.03 (B) of the PUD Agreement, Section 1 #S of the PUD ordinance and submitted site plan dated 10/16/03)). 13. The fire access and suppression system shall comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access, placement of fire hydrants and fire flows within the subdivision shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the Fire Department prior to final plat approval. (Uniform Fire Code). 14. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A). 15. Development of an overall landscape plan addressing public and private street boulevards, street trees; perimeter project landscaping, parking lot landscaping and all common area landscaping shall be submitted to the City Parks Director for approval in writing prior to installation. The plan shall address all PUD requirements and compliance with attached plans and applications materials. The landscaping improvements in the public R/W and the landscape strip described in (c) below shall be accomplished at the time of final plat. The landscaping improvements on private property shall be address at the time ofbuilding permit issuance. In particular the landscape plan shall address: a. All landscape buffers, boulevards, tree planters, landscape islands, tree wells, etc. and common areas with live landscape materials shall be provided with adequate irrigation. b. The applicant or future leases shall be responsible to insure the live landscaping as approved on the original landscape plan and installed is maintained in a "live" condition. C. An irrigated landscape corridor of at least 20 feet in width shall parallel the R/W of US Highway 93 including undulating topography and have a mix of tree plantings with a ground cover predominately of lawn. A similar 10-foot landscape treatment shall be developed along the West Side Bypass Corridor. d. In developing the landscape plan, the developer shall comply with the definition of landscaping as defined in the Kalispell zoning ordinance as follows: "Some combinations of planted, living trees, shrubs, hedges, vines, living ground cover and flowers suitable for the climate exposure and site conditions. In addition, the combination or design may include earth sculpture, cobble, bark, mulch, edgers, flower tubs, rock and such structural features as foundations, pools, art works, screens, walls, fences or benches, but such objects alone shall not meet the requirements of this provision." Bark, mulch, rock, etc. may augment live landscape features but the primary feature in all landscaping treatments shall be growing materials unless specifically modified as in special cases such as internal parking lot sidewalk corridors where trees would be in a protective grate as they line a sidewalk and form a canopy. e. Landscape islands within parking lots shall incorporate predominately living materials. One exception would be the raised sidewalk corridors extending through the parking lots as shown on the submitted October 16, 2003 Spring Prairie Center colored site plan where trees within tree grates lining sidewalks is acceptable. Note that in parking lot landscape islands, shade trees shall be placed in such intensity and location as to form a canopy where they cover or line sidewalks and where ever they are used, a visual break from the open asphalt parking areas surrounding it. The site plan shows two shade trees at the ends of islands and 4 trees within internal islands. This may or may not be adequate depending on species selected. f. The major landscape corridor extending north -south through the major tenant parking lots of phases 1 & 2 are intended to be raised curb planters measuring approximately 18' x 36' or typically 4 parking spaces in size. (PUD Section 2.01 (E(2(F-G))) ). 16. All exterior lighting within the subdivision shall be shielded and directed downward so that it does not intrude unnecessarily onto adjoining properties or cause excessive glare or otherwise excessively light the site. In doing this all exterior lighting fixtures on buildings, streets and in parking lots shall be shielded with cut-offs and baffles with a minimum cut-off angle of 20 degrees below horizontal and the maximum light standard height is set at 30 feet above adjacent grade. This is not meant to discourage low intensity exterior lighting for architectural or landscape accent purposes. (Site review, PUD Section 2.02 H (3). 17. The applicant shall certify that Phase 3 is developed within the requirements of the BPA transmission corridor. (BPA requirements). 18. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision shall be completed prior to final plat submittal. With the filing of the final plat for each phase, an additional three-year extension shall be automatically granted for subsequent phases. (Site Review). 19. With the development of Phase 1, the infrastructure as illustrated in the Phase One Utility and Road Infrastructure Exhibit A-1 dated 9/30/03 and issued 10/6/03 shall be complied with. Specifically the northern most east -west City street shall be fully constructed from the traffic light on the east to the westerly subdivision line. In addition the 14" water main and the 12" sewer main shall be extended to this boundary as well unless otherwise proven unnecessary by the Public Works Department. (Kalispell Standards for Design and Construction). 20. The preliminary approval shall be valid for a period of three years from the date of approval. Upon the filing of each successive phase, an additional two years from date of final plat approval of the previous phase shall be granted. Prior to the expiration of any phase, a one- year extension may be requested. (Kalispell Sub. Regs. Section 2.04 (E (7)). 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 1 ST DAY OF ATTEST: T eresa LVhite City Clerk