Resolution 6143 - Preliminary Plat - Pioneer EstatesRESOLUTION NO.6143
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
PIONEER ESTATES, DESCRIBED AS TRACT 3 OF CERTIFICATE OF SURVEY
NUMBER 22255 IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA.
WHEREAS, KLDS Investments, 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
July 11, 2022 on the proposal and reviewed Subdivision Report #KPP-23-06 issued
by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Pioneer Estates, subject to certain conditions and
recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of August 7,
2023, reviewed the Kalispell Planning Department Report #KPP-23-06, 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-23-06 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of KLDS Investments, LLC, for approval of the
Preliminary Plat of Pioneer Estates, 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.
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. The storm water ponds shall be on
utility lots, and access for maintenance of the ponds shall be provided in accordance with
city standards. Water and sewer easements through any utility lots, if necessary, shall
provide appropriate access in accordance with Standards for Design and Construction.
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.
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. The water main shall be looped with a north connection in Two Mile Drive to Greenbriar
Drive and a south connection through the proposed utility lot and Greenbriar Park. The
location of the south looping connection is expected to parallel the westerly and southerly
property lines of Greenbriar Park and replace an existing 12" bend with a 12" tee and valves
(MDEQ Circular 1 - 8.2.4). Stub outs shall be provided for the existing homes.
10. The sewer infrastructure will include a lift station, which shall be placed on a separate utility
lot dedicated to the City. The sewer force main from the lift station shall connect to sewer
gravity main in Greenbriar Drive. The location and maintenance access requirements, as well
as the sewer system for the development as a whole, shall be in accordance with the
Standards for Design and Construction and approved by the Public Works Department. Stub
outs for the existing homes shall be provided.
11. 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.
12. Two Mile Drive shall be upgraded along the southern portion of the right-of-way to city
standards except as it relates to the sidewalk as noted in condition 13. Any improvements,
including the location of the approach of the new road, would be subject to review and
approval by the Montana Department of Transportation.
13. A path shall be provided from the end of the existing sidewalk just to the east of the
subdivision along the northern property boundary of the existing homes and connecting to
the bypass path.
14. The access for both the existing homes (Tracts 1 and 2) shall be relocated prior to final plat
to the southern portion of Tract 2 within a 30-foot private road and utility easement without
any access to Two Mile Drive or to Covered Wagon Trail north of the easement. A note
limiting access shall be placed on the final plat.
15. The recommendations in the Geotech report shall be followed.
16. 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.
17. 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.
18. 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
19. 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.
20. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas.
21. 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.
22. 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.
23. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat. The plan may include a cash -in -lieu payment to be calculated as provided in Section
28.3.22(D) of the Kalispell Subdivision Regulations.
24. 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.
25. 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.
26. 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."
27. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
28. 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.
29. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
30. A sound study shall be submitted prior to any construction on -site showing the specific
design for highway sound mitigation for the subdivision and that the design reduces the noise
impacts to no more than 60 dBA at any lot line within the subdivision. The design of the
noise mitigation measures shall be reviewed and approved by the City of Kalispell
Architectural Review Committee prior to construction. Compliance with this requirement
may result in a reconfiguration or reduction in the number of lots.
31. All residential units within the subdivision shall have fire sprinkler systems unless the total
number of units for the subdivision and the homes using the subdivision for access is limited
to 30 or less by (a) including a provision in the covenants limiting construction to single-
family only except for four specified lots and (b) providing agreements with the owners of
the two existing homes limiting the number of units on those properties, which would need
to be verified, reviewed and approved by the City and, if necessary, formalized and recorded.
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
TI IE CITY OF KALISPELL THIS 7TH DAY OF AUGUST, 2023.
ATTEST:
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Ai e Brunckhorst, CMC
City Clerk
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Mark Johnson
Mayor
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