Resolution 6081 - Preliminary Plat - Aspen Creek WestRESOLUTION NO.6081
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
ASPEN CREEK WEST, DESCRIBED AS TRACT 2 OF CERTIFICATE OF SURVEY
NUMBER 16428, LOCATED IN THE NORTH HALF OF SECTION 11, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, 520 Three Mile Drive Associates, 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
June 14, 2022 on the proposal and reviewed Subdivision Report #KPP-22-05 issued
by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Aspen Creek West subject to certain conditions
and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of July 5, 2022,
reviewed the Kalispell Planning Department Report #KPP-22-05, 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-22-05 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of 520 Three Mile Drive Associates, LLC for approval
of the Preliminary Plat of Aspen Creek West, Kalispell, Flathead County,
Montana is hereby approved subject to the following conditions:
1. The Planned Unit Development for Aspen Creek West allows the following deviations from
the Zoning Regulations:
(1) Lot Area: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000 square feet. The
deviation reduces minimum lot area to 3791 square feet for the attached townhome lots.
(2) Lot Width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is 50 feet. The
deviation reduces the lot width requirement for the sublots for the townhome units to 40 feet.
2. The Planned Unit Development for Spring Creek Park allows the following deviations from
the Kalispell Subdivision Regulations:
(1) Road Sections: Section 28.3.14 — The subdivision regulations and the Standards for
Design and Construction contain design criteria for roads. This deviation would allow an
alternative design for a private street in the northern area of the development and deviations
of the centerline radii on two curves on Triple Creek, as detailed within the staff report.
3. The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD/zone change 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 preliminary plat approval shall be valid for a period of three years from the date of
approval.
9. 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. 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.
10. 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.
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. 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. The water main extension shall continue in Three Mile Drive to the west extent of the
property instead of entering the private road. The water main extension along Three Mile
Drive shall comply with the Water Facility Plan.
17. 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.
18. The sewer main extension shall continue in Three Mile Drive instead of entering the private
road.
19. 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. A note shall be placed on
the final plat designating the northern road as private.
20. 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."
21. The Traffic Impact Study ("TIS") shall be updated to address a drop in the level of service,
with the updated TIS to be reviewed and approved by the Public Works Department. Prior
to final plat, all mitigation recommended as part of the approved updated traffic impact study
relative to the given phase shall be completed. All improvements shall be reviewed and
approved by the Public Works Department. Per the city Standards for Design and
Construction, the development shall maintain or improve the existing level of service for the
affected roadways rather than simply maintaining an acceptable level of service.
22. The Geotech report and a grading plan shall be submitted for review and approval by the
City of Kalispell prior to submittal of any engineering or building plans related to the
property, and the proposed layout may be altered based on that review, including the
possibility of a reduction in the number of lots.
23. Prior to any work in the floodplain, 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.
24. 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 100-foot setback from the stream.
25. 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.
26. 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.
27. 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
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
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. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
36. 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.
37. 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 5TH DAY OF JULY, 2022.
Mark Johns
ATTEST: ",.,,Mayor
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Judi Funk = C3
Deputy City Clerk