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Resolution 6035 - Preliminary Plat - Meadows Edge Ph 3 and 4RESOLUTION NO.6035 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF PHASES 3 AND 4 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 3 and 4 of the Subdivision Plat of said property; and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on July 13, 2021 on the proposal and reviewed Subdivision Report #KPP-21-05 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Phases 3 and 4 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 August 2, 2021, reviewed the Kalispell Planning Department Report #KPP-21-05, 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-21-05 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 Phases 3 and 4 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. The design shall incorporate historic onflow and shall limit the developed flow rate to the historic flow rate or 0.074 cfs/acre, whichever is lower. 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 3 and 4 shall be designed to connect into the West Side Sewer Interceptor when required due to available capacity. 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. As part of the final plat for Phase 3, Farm to Market shall be upgraded to a rural minor arterial standard from Mountain Vista Way north to the northern property boundary as provided in the City of Kalispell Standards for Design and Construction. 10. As part of the final plat for Phase 4, Three Mile Drive shall be upgraded to a rural collector standard from Edwards Lane to the western edge of the development as provided in the City of Kalispell Standards for Design and Construction. 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. 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. 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. 14. At final plat, the developer shall demonstrate that each lot would have a buildable 30 foot by 30-foot building pad with less than 25% undisturbed slopes and a driveway at a maximum of 7% slope. 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 these phases 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 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." 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 sidewalks and/or 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 AUGUST, 2021. ATTEST: Aime4 Brunckhorst, CMC City Clerk Mark Johnso Mayor `%����t�i����� • GSE�1L.� itt1= Ev1 1892 ��'