Resolution 5874 - Preliminary Plat - Meadows Edge Ph 1RESOLUTION NO.5874
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
PHASE 1 OF MEADOWS EDGE, DESCRIBED AS TRACT 3 OF COS 18892 IN THE EAST
HALF 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 Phase 1 of the Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
May 8, 2018 on the proposal and reviewed Subdivision Report #KPP-18-05 issued by
the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Phase 1 of Meadows Edge, subject to certain
conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of June 4, 2018,
reviewed the Kalispell Planning Department Report #KPP-18-05, 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-18-05 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 Phase 1 of Meadows Edge, Kalispell, Flathead County, Montana is
hereby approved subject to the following conditions:
The Planned Unit Development for Meadows Edge allows the following deviations from the
Kalispell Zoning Ordinance:
a) Kalispell Zoning Ordinance, Section 27.06.020 Permitted Uses — Allows up to four
(4) attached townhomes as a permitted use.
2. That the development of the site will be in substantial conformance with the preliminary plat
documents entitled Meadows Edge and associated submittal drawings which shall govern
location of the lots, easements, roadways, phasing plan, covenants and declarations,
landscaping, fencing, parkland, uses and pedestrian access facilities.
3. The preliminary plat approval for the development shall be valid for a period of three years
from the date of approval.
4. A development agreement shall be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site that shall be
completed and signed by the city and owner prior to the issuance of a building permit.
5. Architectural renderings for all commercial buildings are required to be submitted to the
Kalispell Architectural Review Committee for review and approval prior to issuance of a
building permit.
6. To ensure the traffic flow and access comply with Kalispell Design and Construction
Standards, the development shall receive Site Review Committee approval prior to issuance
of the building permit for development within the B-1 Zone.
7. 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.
8. 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.
9. The sewer for Phases 2-5 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.
10. 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. 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. 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
Stormwater Discharge Associated with Construction Activities.
12. 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.
13. The traffic impact study for the project site shall be reviewed and approved by the Public
Works Department and where appropriate, the Montana Department of Transportation in
order to determine the appropriate mitigation as the project develops.
14. 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.
15. Prior to final plat all mitigation required as part of the approved traffic impact study shall be
completed. All improvements shall be reviewed and approved by either the Public Works
Department or Montana Department of Transportation. A letter from the Kalispell Public
Works Department or Montana Department of Transportation shall be submitted stating that
all new infrastructure has been accepted by the City of Kalispell or State of Montana. 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.
16. 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.
17. 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 open space, landscape
boulevards and streets serving the subdivision.
18. A park maintenance district shall be formed incorporating all the lots within the subdivision.
The park maintenance district shall not be effective until such time as any open space or
parks are accepted by the city. In this case an assessment would be levied within the
maintenance district to be determined by the Parks and Recreation Department with
approvals by the Kalispell City Council.
19. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat of Phase 1.
20. 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.
21. 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."
22. That a minimum of two-thirds of the necessary public infrastructure for this subdivision shall
be completed prior to final plat submittal of each phase.
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. The following public right-of-way improvements shall be completed at each phase of the
development:
a. Phase 1— West Spring Creek/Farm to Market shall be updated to city standards along
the property boundary from Mountain Vista Way south to the intersection with Three
Mile Drive.
b. Phase 2 — Three Mile Drive shall be upgraded to city standards along the property
boundary from the western terminus of the development to the eastern terminus of
the development.
C. Phase 3 — Farm to Market shall be upgraded to city standards from Mountain Vista
Way north to the properties northern property boundary.
25. The paths located within Three Mile Drive and W. Spring Creek/Farm to Market shall be
maintained by the Meadows Edge HOA.
26. The alleyways within the development shall be designated as "private" at time of final plat.
27. Subdivision signage for the development shall comply with Section 27.22.050(6) of the
Kalispell Zoning Ordinance.
28. A homeowner's association (HOA) shall be formed and established for the common areas
prior to final plat.
29. All properties along the western boundary of the subdivision shall install uniform rear yard
fencing prior to certificate of occupancy of those residences.
30. A note shall be placed on the final plat that stating: "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."
31. The developer shall work with Eagle Transit to establish bus stop location(s) within the
Meadows Edge PUD. The approved bus stop location(s) shall be included on a revised PUD
plan and submitted with the preliminary plat of phase 5. Bus stop location(s) shall be
improved in accordance with Eagle Transit's requirements, which may include a bus shelter.
This condition is waived if Eagle Transit provides a letter in writing that it will not serve the
development.
32. 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 of Phase 1. 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.
33. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior to
final plat.
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 4TH DAY OF JUNE, 2018.
ATTEST:
Aitnee Brunckhorst, CMC
City Clerk
Mark John n
Mayor