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Resolution 5270 - Preliminary Plat - Timberwolf Center SubdivisionRESOLUTION NO.5270 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF TIMBERWOLF CENTER SUBDIVISION, MORE PARTICULARLY DESCRIBER AS THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, the Department of Natural Resources and Conservation (DNRC), owners 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 February 1.2, 2008, on the proposal and reviewed Subdivision Report #KPP-08W 1 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Timberwolf Center Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of March 17, 2008, reviewed the Kalispell Planning Department Report #KPP-08-1, 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, MONTA.NA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-08-1 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of DNRC for approval of the Preliminary Plat of Timberwolf Center Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: General Conditions: 1. Development of the subdivision shall be platted in substantial compliance with the preliminary plat as amended and approved which governs the location of lots and roadways within the subdivision and shall be in compliance with the adopted Spring Prairie PUD and PUD agreement adopted in December 2001 as amended. (Spring Prairie PUD) 2. Prior to any 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 final..plat: 3. The project site's frontage along Stillwater Road (as well as frontage along the Forest Service lease site to the north if bonding is in place) and Timberwolf Parkway shall be improved in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All design work shall be reviewed and approved 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, street trees, boulevard and sidewalk and shall be installed along Stillwater Road and Timberwolf Parkway. New infrastructure shall tie into the existing street infrastructure. Note. Bike/pedestrian path in lieu of a sidewalk along the Stillwater Road frontage that ties into the bike/pedestrian path to the north on the Forest Service lease site is required. Additionally, sidewalks and landscaping other than seeding are not required on the southern portion of Timberwolf Parkway. (Findings of Fact, Section D) 4. Stillwater Road shall be improved and include a bike/pedestrian path from the south boundary to the north boundary of the State Trust Land property and to the north boundary of the Forest Service lease site should bonding be in place at the final plat stage of Phase IA of the proposed project. If no bonding is in place, the frontage along Stillwater Road shall be improved, including a bike/pedestrian path, along the entire frontage of the School Trust Land site prior to final plat of Phase I.A. The improvements must be completed within 18 months of preliminary plat approval. (Findings of Fact, Section D) 5. An additional 10 feet of right-of-way shall be dedicated along Stillwater Road. This additional right-of-way shall be shown on the face of final plat map. (Findings of Fact, Section D) 6. Access directly from Phase IA, Lot 1 onto Stillwater Road is prohibited. (Findings of Fact, Section D) 7. A Traffic Impact Study shall be completed to address traffic volumes potentially generated by the Timberwolf Center and suggested design and any required mitigation shall be incorporated. The Traffic Impact Study shall be submitted for review and approval to the Public Works Department prior to submittal of the intersection and road upgrade plans related to the Timberwolf Center project. This must be completed for the Timberwolf Center (phases 1 and 2) prior to final plat for Phase 1A of the Timberwolf Center project. (Findings of Fact, Section D) S. The intersection of Stillwater Road, Farmstead Parkway and Timberwolf Parkway shall be completed prior to final plat approval of Phase IA. The design and construction shall be coordinated with the Starling development to ensure efficient and safe completion of the intersection. Note. Additional land may need to be acquired to accomplish a suitable fully functional intersection. (Findings of Fact, Section D) q. Timberwolf Parkway shall be graded and constructed in a manner that would allow any future connection to the property to the south feasible. (Findings of Fact, Section D) l o. Water and sewer main extension shall be reviewed and approved by the Kalispell Public Works Department. The plans shall be reviewed and approved for facilities that serve Lot 1. (Phase 1A) and Lot 2 (Phase 1B) of the School Trust Land site prior to final plat of Phase 1 of the Timberwolf Center project. (Findings of Fact, Section D) 11. Easements for water and sewer lines shall be dedicated to the City of Kalispell and shown on the approved utility plans for facilities serving lots 1 and 2 of the Timberwolf Center project. The easement widths shall meet the requirements of the Kalispell Public Works Department. (Findings of. Fact, Section D) 12. The water rights allocated to the developer (owner), both surface and ground, shall be transferred to the city to the fullest extent possible in compliance with applicable statutes and regulations with the filing of the final plat of Phase 1A, Lot 1, to insure the orderly accounting of water rights and to protect the future water need of the City of Kalispell for its users. A rectangular easement shall be provided along the south boundary of Phase 1B, Lot 2 encompassing the existing well site. This easement shall be large enough to contain a well house approximately 26 feet by 24 feet with due consideration to the setback limits imposed by the zoning requirements. In addition within the same easement, a clear space of 2.o feet shall be provided around the well head. A well head protection zone shall be provided and shown on the final plat of lots 1 and 2. This well head protection zone shall meet the requirements of Montana Department of Environmental Quality Standards for water Works DEQ 1, Paragraph 3.2.3 (February 24, 2006 Edition). Findings of Fact, Section D) 13. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. (Findings of Fact, Section D) 14. The approved engineered drainage report and design, in accordance with City of Kalispell standards, shall be completed for the entire development (roadways, stormwater storage facilities and stormwater systems) prior to final plat for Phase 1A of the Timberwolf Center. (Findings of Fact, Section D) 1.5. A letter shall be obtained from the Kalispell Public Works Department approving the plans and specifications for streets, water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 - 3.15). 16. Prior to final plat, the full design for Timberwolf Parkway from Stillwater Road to Reserve Loop shall be reviewed and approved by the Public Works Department and shall include drainage, stormwater, water and sewer facilities as well as road elevations and road designs, etc. (Findings of Fact Section, Section D) 17. A letter shall be provided from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required plans, specifications and standards. A letter from the Kalispell Public Works Department stating that the required improvements have been reviewed and accepted by the city shall be submitted prior to final plat. (Kalispell Sub Regs. Sections 3.09, 3.11-- 3.15). 18. 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 to City standards which are impacted by this subdivision." 19. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A). 20. A letter shall be obtained from the Kalispell 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). 21. 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; Findings of Fact, Section D). a. Water mains designed to provide required fire flows shall be installed per City specifications at approved locations. Fire flows shall be in accordance with International Fire Code, 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 Chapter 5. d. Street naming shall be approved by the fire department. e. Addressing shall comply with the International Fire Code and Kalispell Fire Department Standard Operating Guidelines. f. Required fire flows shall be verified and approved by the Kalispell Fire Department prior to combustible construction. On-goinj4 Conditions: 22. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 23. Hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance 10-8 and a note shall be placed on the face of the final plat stating that hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance 10-8. 24. The preliminary approval for Phase 1A shall be valid for a period of three years from the date of approval. Preliminary plat approval for phase l B shall be valid for two years from the date of final plat approval for phase IA. (Kalispell Sub. Regs. Section 2.04 (E)(7). 25. The integrity of Wolfpack Way shall be maintained and designed and constructed in substantial conformance with the alignment indicated on the preliminary plat of Glacier High School. 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 17TH DAY OF MARCH, 2008. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk