Resolution 6060 - Preliminary Plat - Silverbrook Est Ph 3RESOLUTION NO.6060
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
SILVERBROOK ESTATES SUBDIVISION PHASE 3, MORE PARTICULARLY
DESCRIBED AS A PORTION OF TRACT 3 AND 4 OF CERTIFICATE OF SURVEY 15896,
ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE
NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Silvermont Properties LLLP, the owner of the certain real property described above,
has petitioned for approval of the Subdivision Plat of Phase 3 of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
February 8, 2022 on the proposal and reviewed Subdivision Report #KPP-22-01
issued by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Silverbrook Estates Subdivision Phase 3 subject
to certain conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular council meeting of March 7,
2022, reviewed the Kalispell Planning Department Report #KPP-22-01, 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-22-01 are hereby adopted as the Findings of Fact of the City Council.
SECTION 2. That the application of Silvermont Properties LLLP for approval of the
Preliminary Plat of Silverbrook Estates Subdivision Phase 3, 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. All conditions of the Silverbrook Estates Planned Unit Development (Ordinances 1597 and
1785) shall apply.
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.
7. Curb stops and service connections for the water and sewer services shall be installed prior
to final plat if required by the Public Works Department.
8. An easement for the utility mains to the east of East Swift Creek Way shall be provided to
the City.
9. Any water rights associated with the property shall be transferred to the City of Kalispell
prior to final plat.
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. 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.
12. Boulevard areas, including street trees, shall be installed or bonded for. Street trees may also
be part of a cash -in -lieu agreement.
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. All streets within the subdivision will be constructed to the appropriate city standards as
detailed in the subdivision regulations and the City of Kalispell Standards for Design and
Construction for local streets.
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 and shall
comply with the fire code.
17. 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
18. 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.
19. 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.
20. A parks plan shall be approved by the Parks and Recreation Director. A minimum of 0.3
acres for this phase 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 this phase. A cash -
in -lieu payment may be made pursuant to the subdivision regulations. The applicant shall
provide a detailed breakdown of existing parks facilities and valuations relating to this phase
and all prior phases prior to final plat. If deficient, additional park amenities or a cash -in -lieu
payment will be required.
21. 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.
22. 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.
23. 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."
24. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of all common areas and facilities.
25. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
26. 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.
27. 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 7TH DAY OF MARCH, 2022.
ATTEST:
L�,__
Mark Johns
Mayor
IML zo M9, `` 1111 UIri,i
Ai ee Brunckhorst, CMC
City Clerk
%•4iO .gyp.:•