Resolution 6030 - Preliminary Plat - West View Estates Ph 6-7RESOLUTION NO.6030
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF WEST
VIEW ESTATES PHASES 6-7, DESCRIBED AS A PORTION OF ASSESSOR'S TRACT 5,
A TRACT OF LAND, SITUATED, LYING AND BEING IN THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Owl Corporation, 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
June 8, 2021, on the proposal and reviewed Subdivision Report #KPP-21-03 issued
by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of West View Estates, Phases 6-7, subject to certain
conditions and recommendations; and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of June 21,
2021, reviewed the Kalispell Planning Department Report #KPP-21-03, 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-21-03 are hereby adopted as the Findings of Fact of the City Council.
SECTION 2. That the application of Owl Corporation for approval of the Preliminary Plat
of West View Estates, Phases 6-7, 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. 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.
4. 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.
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 mains within Sperry Way shall extend to the eastern property line of the
subdivision adjacent to Stillwater Estates.
7. Any water rights associated with the property shall be transferred to the City of Kalispell
prior to final plat.
8. 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.
9. 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.
10. 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.
11. 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.
12. All streets within the subdivision will be constructed to the appropriate city standards for
local streets detailed in the subdivision regulations and the City of Kalispell Standards for
Design and Construction for local streets.
13. The construction of Sperry Way shall include frontage improvements for the full length of
lots 1 and 34. Improvements would include, but not necessarily be limited to, curb, gutter,
landscape boulevard, trees, street lights, sidewalks, and the paved driving surface. The north
side of the street needs to include at least curb and gutter, with the additional improvements
to be completed with the following phase.
14. The full frontage of Stillwater Road along Phase 7 shall be improved to collector standards
per the subdivision regulations, transportation plan and the Standards for Design and
Construction in conjunction with the development of Phase 7. The developer will be
responsible for installing improvements on the east side of the road including, but not
necessarily be limited to, curb, gutter, landscape boulevard, trees, street lights, and
sidewalks. The developer is also responsible for widening both driving lanes to the
applicable standard. Any additional right-of-way necessary for improvements shall be
dedicated to the City.
15. 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 and
shall comply with the fire code.
16. 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
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 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.
19. A parks plan for the area designated as a park shall be approved by the Parks and Recreation
Director. A minimum of 1.02 acres for both phases is required. The park shall meet the
standards under Section 28.3.22 and the plan shall show that the parkland dedication
requirement is met for each phase. The park and stormwater area will need to be redesigned
in order to provide at least 1.02 acres of useable park land as provided in the regulations. A
cash -in -lieu payment may be made pursuant to the subdivision regulations.
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 note shall be placed on the final plat indicating a waiver of the right to protest creation
of a Special Improvement District for roadway improvements in adjacent areas stating
"The owners hereby waive the right to protest the creation of an SID for the purpose of
financing improvements to area roads which will specifically benefit this subdivision."
23. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of all common areas and facilities.
24. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
25. 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.
26. 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 21 ST DAY OF JUNE, 2021.
Mark Joh son
Mayor
ATTEST:
Aim Brunckhorst, CMC
City Clerk