Resolution 6128 - PP - Bitterroot Heights No 2RESOLUTION NO.6128
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
BITTERROOT HEIGHTS NO. 2, DESCRIBED AS PARCEL A AND LOT 1A, SHOWN ON
CERTIFICATE OF SURVEY 21303, BEING SITUATED IN THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Michael Sandefer, 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
March 14, 2023 on the proposal and reviewed Subdivision Report #KPP-23-02
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Bitterroot Heights No. 2, 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-23-02, 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-23-02 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Michael Sandefer for approval of the Preliminary Plat
of Bitterroot Heights No. 2, 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 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.
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. 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.
5. 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 any 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 may include but not be limited to streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks.
8. Any 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. Prior to any development of the subdivision, the property to the south which has had the
benefit of the drainfield lease shall be connected to city sewer unless an alternative provision
is made subject to review and approval by the Health Department and the City of Kalispell.
City standards require annexation in order to connect to services.
10. The developer shall submit the street designs for any required improvements to the Kalispell
Public Works Department for review and approval prior to construction. Street designs shall
meet the city standards for design and construction, including, but not limited to, sidewalks,
landscape boulevard, streetlights, and curb/gutter.
11. The street address for the home on lot 13 (249 Three Mile Drive) shall be updated to meet
city and 911 response standards.
12. A full Geotech report shall be prepared and submitted for review by the City of Kalispell
prior to any development work on the site.
13. 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.
14. 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.
15. 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
16. 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.
17. 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.
18. 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.
19. 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.
20. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat.
21. The easement shown as "appurtenant to Lot 14 and Park" shall be clarified on the final plat.
22. 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.
23. 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.
24. 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."
25. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
26. 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.
27. 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.
ATTEST:
Co _Ll�
Aim e Brunckhorst, CMC
City Clerk
Mark Johns
Mayor