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Resolution 5258 - Preliminary Plat - Glacier Town Center Phase 1RESOLUTION 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-07-1 , 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 platter 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 evl ence: a) Amended Kalispell City Planning office Staff Report K.A-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 prior to 5:00 p.m. on 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 Comment" 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 ALISPELL, 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: 1. 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 anv 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 (SWPPP). 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 finalplat: 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 K.alispell'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. If 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 10-8. 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 road as a 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) 1 S. 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 3.15(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 Black II. (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 Q 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. ATTEST: \,�/ --- 3:� Theresa White City Clerk Pamela B. Kenne Mayor Exhibit "A" A tract of land located in the Southeast Quarter of the Southwest Quarter (SEI/4 S W /4) of Section 19, and the Northwest Quarter (NW'/4), Northeast Quarter (NEI/4), Southwest Quarter (SWI/4), and Southeast Quarter (SEI/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 89041'25" 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 89a41'25" 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 O0'32'36" 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 3 8°07' 54", an arc length of 565.69 feet; thence South 00'07' 11 " west 131.35 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 15O.00 foot radius curve to the lefty thence southerly along said curve through a central angle of 45007' 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 00000'00" 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 ° 5 5' 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. 71.437 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 Deserve 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°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; Forth 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; Forth 48°20'43" East 191.54 feet; North 14048'53" 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 00' 11' 13" East 164.00 feet, North 14°13'23" East 61.85 feet, North 00'11'01" 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.