Resolution 6010 - Preliminary Plat - Autumn CreekRESOLUTION NO.6010
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
AUTUMN CREEK SUBDIVISION, MORE PARTICULARLY DESCRIBED AS
ASSESSORS TRACTS 6AAK, 6DI AND 6AB LOCATED IN SECTION 12, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, JAG Capital Investments, 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
December 15, 2020 on the proposal and reviewed Subdivision Report #KPP-20-04
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Autumn Creek Subdivision, subject to certain
conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of January 4,
2021, reviewed the Kalispell Planning Department Report #KPP-20-04, 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-20-04 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of JAG Capital Investments, LLC for approval of the
Preliminary Plat of Autumn Creek Subdivision, 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.
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.
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 design of the sewer main in Summer Place is required to account for the wellhead
protection zone around the domestic well on the adjacent property.
8. The water main shall extend through the subdivision to Hathaway Lane and then within
Hathaway Lane to both the northern and the southern end of the property frontage.
Additional extensions shall be made, if necessary, to meet fire flow or other standards. The
sewer main shall extend to the northern end of the property frontage in addition to extending
to connect with the Westside Interceptor along Highway 2.
9. 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 necessarily be limited to,
streets, street lighting, street signage, curb, gutter, boulevard and sidewalks.
10. Hathaway Lane shall be upgraded to city standards along the full length of the frontage of
the property. Upgrades would include, but not necessarily be limited to streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks. The developer shall provide
any dedications of right-of-way to the City necessary to install the improvements.
11. Any required upgrades to Hathaway Lane from Highway 2 to the north property line of the
subdivision shall be constructed in order to meet fire code requirements. These upgrades, if
necessary, would relate to width and weight carrying capability.
12. A driveway access off of Summer Place shall be provided for the property to the north,
which would be available for them to use if they so choose.
13. The developer shall coordinate with the Flathead County Public Works Department to
restore any disturbance of Hathaway Lane to an acceptable standard reflecting the pre -
construction condition of the road.
14. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted
stating that all new public infrastructure has been accepted by the City of Kalispell, any
private infrastructure has been constructed per city standards, and a proper bond has been
accepted for any unfinished work.
15. All easements and/or rights -of -way 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.
16. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, fine 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
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. 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.
18. 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.
19. 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 homeowners' park.
20. 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.
21. 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.
22. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
23. 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.
24. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
25. Any water rights associated with the property shall be transferred to the City of Kalispell
prior to final plat.
26. A homeowner's association (HOA) shall be formed and established for the common areas
prior to final plat.
27. The existing building on the property shall be completely removed prior to final plat.
28. Prior to final plat, the developer shall submit a flood study in order to establish the base flood
elevation. Any land within the 100-year floodplain shall be contained within common area.
Any improvements within the floodplain, such as the street crossing, may require a
floodplain development permit and/or other permitting which the developer shall obtain prior
to beginning construction.
29. A sound study shall be submitted prior to construction showing the specific design for
highway sound mitigation for the subdivision and that the design reduces the noise impacts
to no more than 60 dBA at any lot line within the subdivision. The design of the noise
mitigation measures shall be reviewed and approved by the City of Kalispell Architectural
Review Committee prior to construction.
30. The recommendations from the August 2007 geotechnical investigation should be followed
as the site and buildings are developed, and the developer shall implement measures to
ensure the recommendations are implemented.
31. Lots 5-9 on the preliminary plat shall have shared driveway approaches serving each parent
lot.
32. The minimum 100 foot required setback from the wetland area to any lot boundaries shall be
maintained.
33. The minimum 50 foot setback from the ordinary high water mark of the creek shall be
maintained. Any area within that setback may be utilized as provided for in Section 28.3.07
of the Kalispell Subdivision Regulation subject to any other regulations which may apply.
34. A variance to Section 28.3.14(C) of the Kalispell Subdivision Regulations shall be granted
allowing an increase in length of the cul-de-sac beyond the 600 foot maximum as shown on
the preliminary plat.
SECTION 3. Upon proper review and fling 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.
SECTION 4. This Resolution shall be effective upon approval of second reading of
Ordinance 1852.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 4TH DAY OF JANUARY, 2021.
ATTEST:
T
Aim Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
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SEAL
:s 1892