Resolution 6126 - Preliminary Plat - Creekside SubdivisionRESOLUTION NO.6126
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
CREEKSIDE SUBDIVISION, DESCRIBED AS PARCELS C AND D OF CERTIFICATE OF
SURVEY NO.8903 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA.
WHEREAS, Brent Holdings, LLC, 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
March 14, 2023 on the proposal and reviewed Subdivision Report #KPP-23-03
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Creekside Subdivision, subject to certain
conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of April 3,
2023, reviewed the Kalispell Planning Department Report #KPP-23-03, 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-23-03 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Brent Holdings, LLC for approval of the Preliminary
Plat of Creekside Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
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. 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. Access to the storm water facility shall be provided for maintenance purposes. The
access shall be at least a 12-foot all-weather surface.
4. 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.
5. 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.
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. 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. 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.
10. There is a lack of capacity in the mains downstream from the subdivision which will be
corrected once a connection from Meadows Edge to the Westside Interceptor in Spring
Creek Park is completed. Until that connection is made, there is not adequate capacity in the
sewer collection system to support the subdivision. Final plat shall not be allowed until the
connection is completed. The connection cannot be bonded for under Section 28.8.01(C) of
the subdivision regulations.
11. The lift station shown on the plat shall be located within a designated utility lot. The access
to the lot needs to be a paved width of 12 feet within a minimum 15-foot access and utility
easement (within common area or as an extension of the utility lot connecting to the street).
12. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction. Internal streets shall be built to local street design standards
including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter.
13. The two accesses from Farm -to -Market Road have potential issues due to access separation
requirements from both Mountain Vista Way and between the two new accesses. Those
requirements may necessitate one of the accesses be limited movement. As a state highway,
the Montana Department of Transportation will need to review and approve the accesses in
addition to the City. If not approved with two accesses (or potentially with one being a
limited access), the maximum number of units allowed would be less than 50, provided that
the access road is less than 1000 feet in length pursuant to Section 28.3.13 of the subdivision
regulations. In that event, the number of lots would have to be reduced to comply with the
access standard. Without the second access, the subsequent redesign would require a
resubmittal of the subdivision for a new review and approval.
14. Farm -to -Market is designated as a minor arterial in the Transportation Plan and the frontage
of the property shall be improved to that standard. Improvements may include, but would
not necessarily be limited to, widening travel lanes, pedestrian paths, landscape boulevard,
streetlights, and curb/gutter. Dedication of additional right-of-way may be required for the
improvements.
15. As a minor arterial, city standards (Sec. 9.1.14 of the Standards for Design and Construction)
would not allow individual driveway accesses onto Farm -to -Market. A note shall be placed
on the face of the final plat indicating that those driveways would not be allowed.
16. Alleys included within the plat shall be maintained as private alleys with public utility
easements. Under Sec 28.3.15, the townhomes cannot have access onto the street due to
their width and the access shall only be from the alley. A note shall be placed on the face of
the final plat to that effect.
17. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note
stating that "The owners hereby waive the right to protest the creation of an SID for the
purpose of financing improvements to area roads which specifically benefit this
subdivision."
18. While the Traffic Impact Study ("TIS") concluded that there was not a decrease in service
and no capacity improvements are required to accommodate this development, there are
several updates to the TIS which should be completed to confirm that conclusion. An
updated TIS shall be submitted to the City. If upon further review by the City of Kalispell
Public Works Department any mitigation is necessary to maintain levels of service, that
mitigation will be required prior to final plat.
19. The recommendations in the Geotech report shall be followed. In addition, individual
building sites should each have a separate, site -specific geotechnical evaluation prior to
issuance of a building permit. A note to that effect shall be placed on the face of the plat.
20. The final grading plan is subject to review and approval by the Public Works Department.
21. The developer shall secure the appropriate permitting from the Corps of Engineers, the
Conservation District, and any other applicable agency for any work that may impact the
wetlands or stream on the northern portion of the property.
22. Under Section 28.3.06 of the subdivision regulations, the development shall maintain a
minimum 100-foot setback from wetlands to any proposed lot boundaries. Under Section
28.3.07, the development shall limit uses within the 50-foot setback from the stream.
23. 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.
24. 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.
25. 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
26. 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.
27. 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 any private roads and alleys 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.
28. 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.
29. 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.
30. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat. A connection from the east end of the 10-foot-wide multiuse path to the sidewalk on
Fayette Loop shall be added.
31. 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.
32. 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.
33. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
34. 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.
35. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
36. The westernmost alley located between Lots 30A/B through 34A/B and Lots 35A/b through
39A/B shall be a minimum 20 feet wide with a minimum paved width of 20 feet to provide
for fire access. As a private alley, the covenants shall require that the alley be free of parked
vehicles and other obstacles.
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 3RD DAY OF APRIL 2023.
``II111MLII.,Mark Johnson
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