Reso. 6053 - Preliminary Plat - Parkland MeadowsRESOLUTION NO.6053
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
PARKLAND MEADOWS, DESCRIBED AS ASSESSOR'S TRACTS 13D, 13E AND 6J
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 28 NORTH,
RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, G23 Properties, 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
September 14, 2021 on the proposal and reviewed Subdivision Report #KPP-21-07
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Parkland Meadows, subject to certain conditions
and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of October 4,
2021, reviewed the Kalispell Planning Department Report #KPP-21-07, 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-21-07 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of G23 Properties, LLC for approval of the Preliminary
Plat of Parkland Meadows, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
1. The Planned Unit Development for Parkland Meadows allows the following deviation from
the Zoning Regulations:
(1) Minimum lot size: Sec 27.09.040(1) — Minimum lot size per unit as shown on the
submitted plans.
2. The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD/zone change becomes effective.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
The preliminary plat approval shall be valid for a period of three years from the date of
approval.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. An access to the sewer lift station from Cemetery Road or another route acceptable to Public
Works shall be required. The lift station shall be placed within a utility lot to be created for
that purpose.
16. 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.
17. While the traffic impact study did not indicate any specific required improvements, any
improvements necessary to maintain the existing level of service will be required. All
improvements shall be reviewed and approved by the Public Works Department.
18. Access to the B-1 areas off of Airport and Cemetery Roads shall be from the internal street
network rather than the external streets.
19. The design shall include at least two pedestrian connections providing access from the area
generally near the intersection of Airport Road and Cemetery Road into the development.
20. The development's frontages on Airport Road and Cemetery Road will need to be improved
in accordance with City Design and Construction Standards. Airport Road will need to be
upgraded to a Minor Arterial standard and Cemetery Road to a Major Collector standard.
Improvements may include widening the road surface if necessary to meet those standards
and any dedications necessary to provide the specified width. The improvements may be
phased with the improvements to be installed across the frontage of each phase of the
subdivision.
21. The applicant shall be required to receive approval from the Montana Department of
Transportation for access onto Airport Road and will also need to ensure the future
Bypass/Airport Road interchange is taken into account with this development. Adjustments
to the lot configurations or building layouts may be necessary, as may dedication of
additional right-of-way.
22. The north -south road intersecting with Cemetery Road shall be constructed as a minor
collector street, and the other internal streets shall be constructed to a local standard. The
roundabout and entry median islands are subject to further review during the engineering
design.
23. Temporary turnarounds will be required at the two road extensions to the north until such
time as a connection is made.
24. Under the subdivision regulations, a second full access is required when 100 or more
residential dwelling units are being served. Section 28.3.13(E)(2). The Phase 1 plan shows
72 units plus the B-1 area. Phase 2 shows 120 units. As part of Phase 2, the access to
Cemetery Road shall be constructed. The construction of the access may be accelerated,
however, depending upon the development of the B-1 lots in Phase 1.
25. The recommendations in the Geotech report shall be followed, including providing
additional specific Geotech reports related to buildings and other site improvements, which
are to be reviewed and accepted by the City of Kalispell prior to construction.
26. The 200-foot setback from Ashley Creek shall be provided for in the final design (Section
28.3.07 Kalispell Subdivision Regulations). Within that setback, which is measured from the
ordinary high-water mark, any uses shall be limited to those outlined in the regulations.
27. 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.
28. 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.
29. Prior to any construction, the precise location of the floodplain shall be established with a
stamped survey. Lot dimensions, configurations, and site development may need to be adjusted
based on the survey, and the number of units may be decreased accordingly.
30. If any fencing is to be constructed as part of the development, it shall comply with height and
location zoning standards and should be a consistent design throughout the development. Any
fencing will be required to be reviewed and approved by the city Architectural Review
Committee, which shall ensure a consistency of colors and materials to be used to present an
aesthetically pleasing design.
31. 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
32. 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.
33. 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 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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.
39. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
40. 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.
41. 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 4TH DAY OF OCTOBER, 2021.
ATTEST:
Ai e Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor