Resolution 4887 - Preliminary Plat - The Greenery - Nolan HoldingsRESOLUTION NO.4887
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF THE
GREENERY PUD, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACT 2XB
LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, Nolan Holdings, LLC, the owner of the certain real property described above has
petitioned for approval of the Subdivision Plat of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
April 13, 2004, on the proposal and reviewed Subdivision Report #KPP-04-4 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 The Greenery PUD, subject to certain conditions
and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 3,
2004, reviewed the Tri-City Planning Office Report #KPP-04-4, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report
#KPP-04-4 are hereby adopted as the Findings of Fact of the City Council.
SECTION H. That the application of Nolan Holdings, LLC for approval of the Preliminary
Plat of The Greenery PUD, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
1. Development of the subdivision shall be platted in substantial compliance with the
approved preliminary plat which governs the location of lots and roadways within the
subdivision.
2. That the plans and specifications for all public infrastructure be designed and
installed in accordance with the Kalispell 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. 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 Uniform Fire Code (1997) Appendix III -A.
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 Uniform Fire
Code (1997) Article 9.
4. That a curb, gutter, sidewalk and landscape boulevard shall be installed within the
right-of-way along Four Mile Drive with a minimum five feet wide sidewalk and five
foot landscape boulevard. (Kalispell Subdivision Regulations, Section 3.11).
That a letter be obtained from the Kalispell Parks and Recreation Director approving
a landscape plan for the placement of trees and landscaping materials within the five
foot landscape boulevard developed between the curb and the sidewalk as well as the
landscaping within the common areas of both the commercial and residential areas of
the site. (Kalispell Subdivision Regulations, Section 3.11).
6. That the required one ninth area be met with a payment of cash in lieu of parkland
dedication in the amount of $1,822 based on a value of approximately $18,000 per
acre for the residential component of the subdivision with approximately 0.92 acres
in residential lots and 11 percent or 0.10 of an acre for parkland dedication.
(Kalispell Subdivision Regulations, Section 3.19).
The covenants, conditions and restrictions be amended for the commercial
component of the development that addresses signage which limits the development
to two freestanding signs located at each entrance along Four Mile Drive to 24 square
feet per face, not to exceed six feet in height and signs attached to the building shall
not exceed 20 square feet per use. Additionally, any temporary signage shall comply
with the Kalispell Zoning Ordinance.
8. Prior to the issuance of a building permit for the development, a letter from the
Architectural Review Committee for The Greenery shall be submitted to the
Kalispell Site Development Review Committee stating that the plans for design and
construction have been reviewed and approved.
9. Prior to obtaining a building permit for the building located in the northeast comer of
the site, a permit shall be obtained from the Montana Department of Transportation
to allow working within their right-of-way.
10. The developer shall provide a letter from the U.S. Postal Service approving the plan
for mail service. (Kalispell Subdivision Regulations, Section 3.22).
11. Lighting shall be located within the development in a manner that insures it will be
adequately shielded and does not intrude onto adjoining properties. (Kalispell
Subdivision Regulations Section 3.09(L)).
12. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17).
13. All areas disturbed during development of the subdivision shall be re -vegetated with
a weed -free mix immediately after development.
14. That a development agreement be drafted by the Kalispell City Attorney between the
City of Kalispell and the Developer outlining and formalizing the terms, conditions
and provisions of approval. The final plan as approved, together with the conditions
and restrictions imposed, shall constitute the Planned Unit Development (PUD)
zoning for the site.
15. That preliminary plat approval for the planned unit development shall be valid for a
period of three years from the date of approval. (Kalispell Subdivision Regulations,
Section 2.04).
SECTION 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 3RD DAY OF MAY, 2004.
ATTEST:
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Theresa White
City Clerk