Resolution 6034 - Preliminary Plat - Mountain View Ph 1RESOLUTION NO.6034
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
MOUNTAIN VIEW PHASE 1, DESCRIBED AS TRACT 9 OF COS 19234 LOCATED IN
THE SOUTH HALF OF THE NORTHEAST QUARTER, NORTH HALF OF THE
SOUTHEAST QUARTER, NORTH HALF OF THE SOUTHWEST QUARTER AND IN
THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Bison Hill, 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 public hearings on
June 8, 2021 and July 13, 2021 on the proposal and reviewed Subdivision Report
#KPP-21-02 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 Mountain View, 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-21-02, 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-21-02 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Bison Hill, LLC for approval of the Preliminary Plat
of Phase 1 of Mountain View, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
1. The Planned Unit Development for Mountain View allows the following deviations from the
Zoning Regulations:
(1) Minimum lot size: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000
square feet. The deviation reduces minimum lot area to 3500 square feet for the
attached townhome and cottage lots as a minimum lot area.
(2) Minimum lot width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is
50 feet. The lot width applies to sublots as well. The deviation allows 35 foot
minimum widths for alley loaded detached cottage homes. Sublots with a minimum
lot width of 30 feet are allowed provided they are in substantial compliance with the
proposed plat, PUD plan, and other conditions of the PUD.
2. The Planned Unit Development for Mountain View allows the following deviations from the
Kalispell Subdivision Regulations:
(1) Block length: Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but not
more than 600 feet. This deviation allows blocks in excess of 600 feet as well as less
than 250 feet in the area of the cottage lots.
(2) Driveway access to collector road: Sec 28.3.14(G) and (J) — Individual driveways
are prohibited on collector streets per Sec 28.3.14(G) except in infill situations, with
access to be from an alley with the front of the house facing the collector. This
deviation would provide that, where alleys are not feasible, that driveway access to
the street would be allowed if the block is posted as "no parking." Additionally, any
townhouse/sublot accessing a collector street would be required to have a minimum
lot width of 40 feet.
(3) Cottage Alleys as an alternative street section: The cottage lots would include two
"cottage alleys" which would be a cross section 40 feet wide. The street section
would be allowed provided that they are maintained as a private street. A note to that
effect shall be placed on the final plat.
(4) Alleys with townhouse development: Sec. 28.3.15 — Alleys are required for
townhouse development creating a street frontage density of 40 feet/unit or smaller
on average for any block. They are also required whenever lots are adjacent to a
collector street. The proposed layout for Phase 1 is appropriate provided that (a)
shared driveways are used whenever feasible; and (b) the townhouses along Foys
Lake Road are reviewed and approved by the City of Kalispell Architectural Review
Committee. Future phases should be reviewed separately with each preliminary plat
as part of the subdivision review to determine if any deviation is appropriate.
3. The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD becomes effective.
4. 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.
5. 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.
6. Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
7. As a PUD with an associated preliminary plat application, the abandonment or expiration of
the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
8. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant fixture shall
not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to develop a design that is both visually appealing and meets
the required safety guidelines. It is intended that when the project is developed the ponds will
act as features, particularly along the roadways, rather than a private maintenance utility
facility.
9. The aesthetic appearance of the landscaping, fencing, and townhomes along Foys Lake Road
shall be in substantial compliance with the representation submitted. In order to ensure that
the final design of the frontage and townhomes along Foys Lake Road as well as along the
bypass meet these requirements, the landscaping, fencing and townhome plans for sublots
along the south side of the internal road paralleling Foys Lake Road shall be submitted to the
Planning Department and the City of Kalispell Architectural Review Committee for review
and approval.
10. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
11. 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. An offsite downstream analysis for
any drainage flowing south across Foys Lake Road shall be completed, including a no -rise
determination if offsite volumes increase above historic volumes. 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.
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. 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.
14. 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.
15. 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.
16. 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.
17. Per the extension of services plan and the standards for design and construction, a water
main shall be extended within Foys Lake Road to the western end of the development. The
extension shall extend from the existing main to the western end of a given phase, ultimately
extending to the western property line.
18. Any crossing of Ashley Creek will require the appropriate permitting relating to working in
or near the creek, and could involve local, state, and federal jurisdictions and permitting.
19. The design of the water system shall address the water pressure issues related to servicing
the development.
20. Per the extension of services plan and the standards for design and construction, a sewer
main shall be extended within Foys Lake Road to the western end of the development. The
extension shall extend from the existing main to the western end of a given phase, ultimately
extending to the western property line.
21. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction.
22. Internally, the streets shall be constructed as local streets under the City of Kalispell
Standards for Design and Construction, with the exception of the cottage alleys and the
collector street running from the west entrance through the center of the project, then west to
the north property line to provide an eventual connection to Highway 2.
23. The plat shall be amended to increase the sublot size and, if necessary, reduce lots on the
collector street to provide at least 40-foot wide sublots for any sublot accessing the collector.
24. Foys Lake Road shall be improved in accordance with City of Kalispell Standards for Design
and Construction and the subdivision regulations to a full width minor arterial. Any right-of-
way necessary to provide the right-of-way width shall be dedicated to the City. Phase lA of
the subdivision shall improve Foys Lake Road from the Highway 93 Bypass to the westerly
extent of the phase. Any subsequent phase of development shall improve the remaining
portion of Foys Lake Road to the westerly extent of the given phase as shown on the
preliminary plat provided by this application. Improvements shall include an 8' concrete
sidewalk, streetlights, and other applicable improvements on the development side of the
roadway.
25. The eastern end of Phase 1 shall include a temporary turnaround to be reviewed and
approved by the Fire Department in order to provide sufficient fire access under the fire
code.
26. The bike path/pedestrian plans shall be amended to provide the appropriate connectivity and
to provide for pedestrianibike traffic within the adjoining Foys Lake Road right-of-way and
extending to the western property line of the development as well as connecting to the
existing bike path at the northeast corner of the development.
27. The Traffic Impact study shall be amended pursuant to comments from Public Works
detailed within this report. Prior to final plat, all mitigation recommended as part of the
approved amended traffic impact study relative to the given phase shall be completed. All
improvements shall be reviewed and approved by the Public Works Department and the
Montana Department of Transportation, if applicable. The timing of the improvements will
be determined by the recommendations contained in the approved amended TIS.
28. The road extending to Highway 2 is included within the Transportation Plan and the
amended TIS may show that the connection is necessary from a transportation perspective. If
recommended by the updated TIS, the road shall be installed connecting to Highway 2. If
the full connection is not recommended, the developer will need to provide for a future
connection by extending the internal road to the north property line. The road shall be fully
developed to city standards as a collector in accordance with the Standards for Design and
Construction in conjunction with Phase 3 to the appropriate northern terminus unless the
approved amended TIS recommends different timing of the improvement.
29. The cottage alleys shall be owned and maintained as private streets, and a note to that effect
shall be placed on the final plat.
30. The street intersection north of the western approach shall be designed such that the western
street tees into the eastern/northern leg, opposite of what is shown in the PUD.
31. 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, any private
infrastructure has been constructed per city standards, and a proper bond has been accepted
for unfinished work.
32. All existing and proposed easements 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.
33. The Geotech reports shall be updated to reflect comments from the Public Works and
Building Departments. The updated report would be subject to review and approval by both
departments. Any recommendations in the Geotech report shall be followed.
34. Geotech information for individual building sites may be required by the Building Department
prior to issuing a building permit for any construction, including, but not limited to, primary
structures, accessory structures, and decks, in order to ensure appropriate soils bearing pressure,
placement of footings, slopes, and other building code requirements pursuant to the IRC or
other applicable code.
35. A full final grading plan shall be submitted to Public Works and the Planning Department
showing that slopes, building sites, and driveways are in compliance with Sections 28.3.03,
28.3.11(D), and 28.3.11(F) of the subdivision regulations.
36. A noise study and detailed mitigation plans for highway sound mitigation showing compliance
with Section 28.3.09 of the subdivision regulations shall be submitted for review and approval
by the city prior to construction. Any fencing or walls shall be reviewed by the city
Architectural Review Committee pursuant to the PUD approval.
37. 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
38. 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.
39. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads, parks and
open space. Maintenance of private roads shall include both short term and long term
maintenance including, but not necessarily limited to, snow plowing, landscaping, sidewalks,
street repairs, overlays, and rebuilds of the street.
40. 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.
41. 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, common area, and adjoining rights -of -way. 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.
42. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat of Phase 1 A, and the plan shall show that the parkland dedication requirement is met for
each phase.
43. 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
assessments levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
44. 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
assessments levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council.
45. Section 28.3.25 of the subdivision regulations requires a waiver of the right to protest a
Special Improvement District ("SID") for roadway improvements in adjacent areas. On the
face of the final plat, there shall be a note 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."
46. Prior to final plat, the description of the lots on the plat shall be amended to eliminate the
reference to duplex lots and to reference them as townhouse lots.
47. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
48. All utilities shall be installed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
49. 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 2ND DAY OF AUGUST, 2021.
ATTEST:
Aimet Brunckhorst, CMC
City Clerk 01111
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Mark Johnson
Mayor