Resolution 6121 - Preliminary Plat - Spring Creek Park Ph 2 and 3RESOLUTION NO.6121
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
PHASES 2 AND 3 OF SPRING CREEK PARK, DESCRIBED AS TRACT 1 OF
CERTIFICATE OF SURVEY NO.20588, A TRACT OF LAND, SITUATED, LYING AND
BEING IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 28 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, GKM Associates, LLC, the owner of the certain real property described above, has
petitioned for approval of Phases 2 and 3 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-23-01
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Phases 2 and 3 of Spring Creek Park, 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-23-01, 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-23-01 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of GKM Associates, LLC for approval of the
Preliminary Plat of Phases 2 and 3 of Spring Creek Park, 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.
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. Any open storm water facilities
should have an elevated aesthetic design to be reviewed and approved by the city
Architectural Review Committee. 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.
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. Per city standards, the water mains shall be extended within the adjacent frontages to the far
property line. The main in West Springcreek shall be extended with Phase 2. The main may
need to be upsized, and the city would participate in the upsize cost.
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. The full length of the sewer main within West Springcreek shall be installed in conjunction
with Phase 2. Due to topography, a full extension to the south property line will likely not be
required, but will be subject to review and approval by the Public Works Department.
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.
13. Three Mile and West Springcreek shall be upgraded for the length of the frontage to a minor
arterial standard. Improvements may include, but would not necessarily be limited to,
widening travel lanes, bike/pedestrian paths, landscape boulevard, streetlights, and
curb/gutter. Dedication of additional right-of-way will be required for improvements for the
adjoining roadways, as well as for the roundabout at the intersection of Three Mile Drive and
West Springcreek. Improvements for both Three Mile and West Springcreek shall be
installed with Phase 2.
14. Internal streets would include streets built to local/collector design standards pursuant to the
Standards for Design and Construction including, but not limited to, sidewalks, landscape
boulevard, streetlights, and curb/gutter. At the west end of Triple Creek Drive, there shall be
a hammerhead turnaround or other approved alternated design to accommodate snow
plowing and emergency access.
15. A turning movement distribution shall be provided if a compact roundabout internal to Phase
2 is to be built. If justified, adequate right-of-way shall be dedicated to provide a single lane,
compact roundabout with a minimum 80-foot diameter.
16. Alleys included within the plat shall be maintained as private alleys with public utility
easements. Any lot located on the collector with an alley shall access only from the alley.
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. Prior to final plat, all mitigation recommended as part of the approved 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.
Improvements necessary to maintain the existing level of service will be required.
19. Based on the Traffic Impact Study ("TIS") and city review of the TIS, there are several areas
which require mitigation.
(a) Intersection of Three Mile Drive and West Springcreek: A roundabout shall be
installed with Phase 2 at the intersection. The roundabout will require dedication of
additional right-of-way. The specific design of the roundabout is subject to MDT
review and approval, as well as review and approval by the Kalispell Public Works
Department.
(b) Intersection of the internal collector road and Three Mile Drive: The intersection
shall include a northbound right turn lane.
(c) Intersection of Camp Crook Avenue and Three Mile Drive: Northbound left-hand
turns shall be restricted. This improvement, which is also a condition of Phase 1,
shall be installed prior to the final plat of Phase 2
(d) Intersection of Heaven's Peak and Three Mile Drive: The developer shall provide a
14-hour intersection turning movement study and install a signalized intersection at
Three Mile Drive and Heaven's Peak Drive when warrants are met per Manual on
Uniform Traffic Control Devices and MDT.
(e) Intersection of Stillwater Road and Three Mile Drive: The developer shall provide a
14-hour intersection turning movement study to determine if a signal is warranted.
When warranted, staff recommends a regional SID to construct the signal.
20. The recommendations in the Geotech report shall be followed.
21. Basements are not allowed within the development unless appropriately designed with
waterproofing and other design elements required by the Kalispell Building Department. All
building sites within the development shall be subject to additional review if required by the
Kalispell Building Department including, but not necessarily limited to, site specific
geotechnical investigation.
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 of Phase 2.
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.
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:
Mark Johnso
Mayor
4
Ai e Brunckhorst, CMC
City Clerk
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