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Resolution 6012 - Preliminary Plat - Bloomstone Ph 3-6RESOLUTION NO.6012 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF BLOOMSTONE SUBDIVISION PHASES 3-6, DESCRIBED AS ASSESSOR'S TRACT 5C IN THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A". WHEREAS, Kalispell National Investment Company, LLC, the 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 January 12, 2021, on the proposal and reviewed Subdivision Report #KPP-20-06 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Bloomstone Subdivision, Phases 3-6, subject to certain conditions and recommendations; and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of February 1, 2021, reviewed the Kalispell Planning Department Report #KPP-20-06, 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-20-06 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of Kalispell National Investment Company, LLC for approval of the Preliminary Plat of Bloomstone Subdivision, Phases 3-6, 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. All applicable conditions within Ordinance 1635 (Bloomstone PUD) shall apply. 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. 4. 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. 5. 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. 6. 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. The extension from the location of the existing water main in Treeline Road to the south within Treeline Road connecting to Four Mile Drive and to the east in Four Mile Drive shall be completed prior to final plat of phase 4. The water main within Treeline Road and Four Mile Drive shall be sized in accordance with the Water Facility Plan. There are possible alternatives to routing the main extension in Four Mile Drive while still providing the necessary looping. Those alternatives could be addressed during review of the engineering plans for the water mains and implemented subject to the review and consent of the Kalispell Public Works Department. 8. Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. 9. A 30 foot easement shall be provided along the length of the northern property line of Lot 106 for a location complying with City Design and Construction Standards for future sanitary sewer and water main extensions to the west as shown on the water and wastewater facility plans. Additionally, the water and sewer mains within Treeline shall be laid out in a manner to allow for the future sanitary sewer force main provided for in the Wastewater Facility Plan Update (Project WW-M-01). 10. 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. 11. Stormwater initiating within the northern half of Four Mile Drive adjacent to Bloomstone shall be treated and detained within the Bloomstone subdivision. 12. 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. 13. A letter from the Kalispell Public Works Department shall be submitted stating that all new 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 unfinished work. 14. 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. 15. An updated Traffic Impact Study shall be completed prior to the final plat of Phase 3. Any recommendations from the study shall be implemented. 16. The extension of Treeline Road shall be constructed per city standards as an urban collector, while Foxglove Drive shall be constructed as a local street. Both roads shall have three lanes at their intersections with Four Mile Drive. All other streets will be constructed to the appropriate city standards. 17. Four Mile Drive will need to be improved to an urban standard along its frontage with Bloomstone, including a left turn land at both Treeline Road and Foxglove Drive. No additional public or private accesses are permitted onto Four Mile Drive other than Treeline Road and Foxglove Drive. Any additional right-of-way necessary for improvements shall be dedicated to the City. 18. The construction of the extension of Foxglove Drive to Four Mile Drive shall occur as part of Phase 3, along with a portion of Waterleaf Lane. A temporary cul-de-sac shall be installed at the end of Waterleaf Lane. Phase 4 would include the extension of Treeline Road to Four Mile Drive, along with all of the required improvements in Four Mile Drive. Prior to final plat of Phase 4, all street improvements, including, but not limited to, the full street profiles and all water and sanitary sewer main extensions, shall be installed. 19. 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. 20. 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 21. 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. 22. 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 be provided to the Kalispell Parks and Recreation Department. 23. A parks plan for the areas designated as "park/walking trail" shall be approved by the Parks and Recreation Director, and the plan shall show that the parkland dedication requirement is met for each phase. 24. 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. 25. 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. 26. 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. The sound mitigation shall extend along the highway right-of-way from the southern end of the property to the north end of Bloomstone Phase 1 A -West. The measures shall be completed along the Phase 1 frontage prior to final plat of any additional phases. The remainder of the frontage shall be constructed in conjunction with the adjoining phase. However, if the sound study shows a 60dBA or lower level at any lot line being final platted, sound mitigation shall be developed regardless of whether that phase is adjoining the highway right-of-way or not. 27. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of the common areas. 28. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 29. 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. 30. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 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 1 ST DAY OF FEBRUARY, 2021. ATTEST: Aim e Brunckhorst, CMC City Clerk Mark Johns n Mayo` � i if.ii���i 0*1 Ue = 2, 1892 ;� �. ''••.' f tip►. ••• • EXHIBIT "A" "/i«• 1110"' Bloomstone Phases 3, 4, 5, 6 & Remainder Legal Description: That portion of the SW 1/4 of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the Center % Corner of Section 36; Thence along the East line of the SW '/ of Section 36, S 00°04'04" E 940.10 feet; Thence N 89°48'52" W 24.85 feet; Thence S 00°04'05" E 237.97 feet to the POINT OF BEGINNING; Thence S 89°55'55" W 130.00 feet; Thence S 85010'06" W 60.21 feet; Thence S 89°55'55" W 240.00 feet; Thence N 00°04'05" W 59.32 feet to a point on a 835.00 foot radius curve, concave Southwesterly/Southerly, having a radial bearing of S 37'27' 16" W; Thence Northwesterly along the curve through a central angle of 37'27' 16" along an arc length of 545.84 feet; Thence N 90000'00" W 143.27 feet; Thence S 00°00'00" E 105.00 feet; Thence N 90100'00" W 39.53 feet to a point on a 220.00 foot radius curve, concave Southeasterly, having a radial bearing of S 88°38'38" E; Thence Southwesterly along the curve through a central angle of 01 °21'22" along an arc length of 5.21 feet; Thence S 00°00'00" E 204.22 feet; Thence N 90000'00" W 516.15 feet; Thence S 03°35'40" E 812.31 feet; Thence S 15013'16" E 524.67 feet; Thence S 89°51' 13" E 636.95 feet to a point on a 8268.81 foot radius curve, concave Southerly, having a radial bearing of S 00110' 19" W; Thence along the curve through a central angle of 02°02'38" along an arc length of 294.97 feet to a point on a 8144.08 foot radius curve, concave Northerly, having a radial bearing of N 02' 13'03" E; Thence Southeasterly along the curve through a central angle of 0391'54" along an arc length of 502.01 feet; Thence N 88037'05" E 16.12 feet; Thence N 00004'05" W 1416.78 feet to the POINT OF BEGINNING, containing 52.95 acres of land, all as shown hereon. Subject to and together with easements as shown. Subject to and together with easements of record.