Resolution 6004 - Preliminary Plat - Meadows Edge Ph 2 & 5RESOLUTION NO.6004
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
PHASES 2 AND 5 OF MEADOWS EDGE, DESCRIBED AS A TRACT OF LAND BEING A
PORTION OF TRACT 3 OF CERTIFICATE OF SURVEY NO. 18892, ON FILE AND OF
RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE SOUTHEAST
QUARTER OF SECTION 3, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, Meadows Edge, LLC, the owner of the certain real property described above, has
petitioned for approval of Phases 2 and 5 of the Subdivision Plat of said property;
and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
October 13, 2020 on the proposal and reviewed Subdivision Report #KPP-20-03
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Phases 2 and 5 of Meadows Edge, subject to
certain conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting ofNovember 2,
2020, reviewed the Kalispell Planning Department Report #KPP-20-03, 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 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-20-03 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Meadows Edge, LLC for approval of the Preliminary
Plat of Phases 2 and 5 of Meadows Edge, Kalispell, Flathead County,
Montana is hereby approved subject to the following conditions:
1. The development of the site 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 and any
conditions related to the Meadows Edge Planned Unit Development.
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
3. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements of
the current city standards for design and construction. 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.
4. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control 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.
5. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
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 in compliance with the city's
facilities update and extensions of services plans. 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.
7. The sewer for Phases 2 and 5 shall be designed to connect into the West Side Sewer
Interceptor. Final design plans shall be reviewed and approved by the Kalispell Public Works
Department prior to final plat of Phase 2.
8. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction. 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.
9. Three Mile Drive shall be upgraded to a rural collector standard along the property boundary
from the eastern terminus of the development to the west side of the intersection with
Edwards Lane.
10. The developer shall dedicate 40 feet of right-of-way from the center line of Three Mile Drive
in order to provide for the upgrade as part of this and future phases. The dedication shall
occur in conjunction with the final plat of Phases 2 and 5.
11. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for approaches onto Farm to Market Road. If any improvements are
necessary at the intersection of the roadways, these improvements shall be completed to the
satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city.
12. Individual lots in Phase 2 would not have access onto Three Mile Drive. Access onto Farm -
to Market Road for the lot in Phase 5 would be reviewed at the time of development and
would be required to meet city and MDOT standards.
13. Prior to final plat, 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.
14. 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.
15. 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
16. 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. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also 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.
17. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
18. 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 letter shall also approve compliance with the approved
park plan for the overall Meadows Edge PUD as well as satisfaction of any parkland
requirements for Phase 2 which may not be met with existing improvements.
19. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The taxes
levied within the maintenance district shall be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council.
20. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the
property owner(s) default on the maintenance of the approved stormwater facilities. The
taxes levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council.
21. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
22. All utilities shall be placed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
23. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
24. Any water rights associated with the property are to be addressed according to the provisions
of the Memorandum of Understanding between the developer and the City of Kalispell dated
May 6, 2019.
25. A note shall be placed on the final plat that states: "This subdivision is located in an
agriculture area and potential nuisances such as noise, dust, odors, and irregular hours of
operation are to be expected. As such, the right to farm on adjoining properties shall not be
restricted as a result of the development or occupancy of this subdivision."
26. A homeowner's association (HOA) shall be formed and established for the common areas
prior to final plat.
27. Subdivision signage for the development shall comply with Section 27.22.050(6) of the
Kalispell Zoning Ordinance.
28. The alleyways within the development shall be designated as "private" at time of final plat.
29. The paths located within Three Mile Drive and W. Spring Creek/Farm to Market shall be
maintained by the Meadows Edge HOA.
SECTION 3. 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 2ND DAY OF NOVEMBER, 2020.
ATTEST:
�rFolw r , , W,- T , "j.
City Clerk I
Mark J s
Mayor
SEAL
1892