Resolution 6119 - Preliminary Plat - Timberwolf RidgeRESOLUTION NO.6119
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
TIMBERWOLF RIDGE, DESCRIBED AS PARCEL A OF CERTIFICATE OF SURVEY
NUMBER 16743, SITUATED, LYING AND BEING IN THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 36, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, Timberwolf Ridge, LLC, representing 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
February 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 Timberwolf Ridge, subject to certain conditions
and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of March 6,
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 Timberwolf Ridge, LLC for approval of the
Preliminary Plat of Timberwolf Ridge, 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 future preliminary plat as approved by the city council.
2. The Planned Unit Development for Timberwolf Ridge allows the following deviations from
the Zoning Regulations:
(1) Section 27.09.040 - Height: The maximum height by right in the RA-1 is 45 feet. The
deviation would allow 60 feet.
(2) Section 27.20.140 — Structures to Have Access: The zoning regulation do not allow
a building permit to be issued for a property that does not have access to a public
street or an approved private street. This deviation would allow two lots to be
created with access through common parking facilities.
3. The Planned Unit Development for Timberwolf Ridge allows the following deviation from
the Subdivision Regulations:
(1) Sections 28.3.12 and 28.3.13(C) — Blocks and Subdivision Access: The subdivision
regulations require block lengths of at least 250 feet and not more than 600 feet.
They also provide for right-of-way extensions to provide interconnectivity to
adjacent properties. Subject to providing pedestrian accesses to adjoining parcels,
this deviation would allow the block/access provided in the submitted plans.
4. 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.
The abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the
Kalispell Zoning Ordinance.
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.
7. Any storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding ponds 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.
8. 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.
9. 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.
10. New infrastructure required to serve the property 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. Stillwater Road is designated as a minor arterial and Timberwolf Parkway as a minor
collector in the Transportation Plan. Both roads shall be upgraded to that standard along the
property's frontage including, but not necessarily limited to curb/gutter, landscape
boulevard, sidewalk, and streetlights. The right-of-way currently owned by the developer
shall be dedicated to the city. A dedication of additional road right-of-way may be required
to accommodate the road classification and improvements.
16. Prior to final plat, all mitigation recommended as part of the approved traffic impact study
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. Improvements necessary to maintain the existing
level of service will be required.
17. Required mitigation related to the Traffic Impact Study would include (a) making the Four
Mile Drive/Stillwater Road intersection a four-way stop; and (b) adding a westbound right
turn lane in Timberwolf Parkway is also required at the intersection with Stillwater Road.
18. Cross easements for parking and access shall be included on the plat to serve all of the lots.
19. Prior to commencing any development of the property, a full geotechnical report shall be
submitted. Any recommendations shall be implemented.
20. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
21. 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.
22. 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.
23. 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
24. 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.
25. A property owners' association shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, parks and open
space.
26. 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.
27. 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.
28. A park plan shall be created and approved by the Parks and Recreation Director prior to
issuance of any building permit. As a multi -family development, 500 square feet of land per
unit or the equivalent in improvements shall be provided as recreational amenities.
29. 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.
30. 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.
31. 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." This note shall be expanded to also specifically list the roundabout as one of
the projects that the waiver would apply to.
32. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
33. 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.
34. 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 6TH DAY OF MARCH, 2023.
ATTEST:
t
Aim e Brunckhorst, CMC
City Clerk
Mark Joh
Mayor