Resolution 6127 - Preliminary Plat - Stillwater VillageRESOLUTION NO.6127
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
STILLWATER VILLAGE, DESCRIBED AS TRACTS 1 AND 2 OF CERTIFICATE OF
SURVEY NO.22183, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA,
LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13 AND
THE NORTH HALF OF THE NORTHEAST QUARTER AND THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 29 NORTH,
RANGE 22 WEST, P.M.,M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA.
WHEREAS, Owl Corporation and Flathead Village Greens, LLC, the owners 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-22-08
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Stillwater Village, 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-22-08, 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-22-08 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Owl Corporation and Flathead Village Greens, LLC
for approval of the Preliminary Plat of Stillwater Village, 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 approval of the preliminary plat is contingent upon approval of the rezoning request
from R-2 (Residential) to R-4 (Residential).
3. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
4. 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 feature
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. The storm water ponds will be required to be on utility lots,
and access for maintenance of the ponds shall be provided in accordance with city standards.
5. 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.
6. 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.
7. 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.
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. 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.
10. 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.
11. A capacity analysis of downstream lift stations shall be performed with each new phase of
development in accordance with the City of Kalispell Standards for Design and
Construction. The cost for any lift station upgrades required to serve the subdivision shall be
borne by the development in accordance with city of Kalispell Standards for Design and
Construction.
12. The southern access to Highway 93 shall be developed prior to final plat for the second
phase of the subdivision.
13. 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, except as otherwise provided for herein, including, but not limited
to, sidewalks, landscape boulevard, streetlights, and curb/gutter.
14. The Traffic Impact Study completed for the development indicates a drop in the Level of
Service ("LOS") for the intersection of Silverbrook Drive and Highway 93 from a LOS B to
a LOS C. Improvements required to maintain the existing level of service will be required.
The amended TIS indicates that mitigation at the intersection consisting of a 3/ turn (i.e. no
left turn out onto the highway) would serve to maintain the existing level of service. The
mitigation shall be installed in conjunction with the first phase of the subdivision.
15. Impacts to the Silverbrook common area from the street connection to Silverbrook Drive,
including restoring pedestrian connectivity, shall be appropriately mitigated with a design to
be reviewed and approved by the Public Works and Parks Departments.
16. The southern connection to the highway shall be reviewed and approved by the Montana
Department of Transportation ("MDT") in conjunction with the City of Kalispell Public
Works Department.
17. The north -south street connecting Silverbrook Drive to the southern access road to the
highway (designated as Road B), and then east from that intersection to the highway
(designated as Road A), shall be a minor collector and all other internal streets shall be built
to local design standards Design and construction shall be pursuant to the Standards for
Design and Construction including, but not limited to, sidewalks, landscape boulevard,
streetlights, and curb/gutter. No lots shall have driveway access onto a collector street.
18. The existing irrigation water main and power line that are shown inside Road A shall be
removed and/or relocated outside of the city right-of-way.
19. Recommendations contained in the Geotech report prepared by Slopeside Engineering in
December 2022 shall be followed. In addition, soil migration analysis must be performed
due to the propensity of fines migration into trench backfill in the area. The applicant shall
submit a utility trench backfill material in accordance with ASTM D-2321 to Public Works
for review and approval or provide an acceptable alternative to prevent fines migration.
20. Prior to final plat, the developer shall demonstrate that the appropriate grades are met for
each building lot, including, but not limited to, the driveway access.
21. Prior to any work within the park and storm drainage areas, a floodplain development permit
and any related permits from the Corps of Engineers, the Conservation District, and/or other
agencies shall be obtained, if necessary, by the developer.
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 200-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.
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 of Phase 1, and the plan shall show that the parkland dedication requirement is met for
each phase. Subdivision regulations require a minimum of 0.03 acres of parkland per
dwelling unit, or 5.43 acres for the area subject to this plat (or the equivalent value in land
with improvements). Any development of the park area may be subject to floodplain
development permits, 310 permits from the Conservation District, or other permits from
related agencies.
31. An ADA-compliant access connecting all final platted lots to the park shall be constructed
prior to final plat for that phase and is subject to review and approval by the Public Works
and Parks Departments.
32. Areas being reserved for future development shall be developed with appropriate
landscaping addressing both aesthetics as well as weeds, dust, and related issues. The plan
for the areas shall be submitted to the Parks Department for review and approval.
33. 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.
34. 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.
35. 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."
36. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
37. 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.
38. 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 3RD DAY OF APRIL, 2023.
Mark Johnso
ATTEST:
•0RA
Ainlee Brunckhorst, CMC
City Clerk