Resolution 6157 - Preliminary Plat - Lupine MeadowsRESOLUTION NO.6157
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
LUPINE MEADOWS, DESCRIBED AS PARCEL 1 OF CERTIFICATE OF SURVEY
NUMBER 16631, A TRACT OF LAND SITUATED, LYING, AND BEING IN THE EAST
HALF OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, LESS AND EXCEPTING
THEREFROM THAT PARCEL CONVEYED IN BARGAIN AND SALE DEED TO THE
MONTANA DEPARTMENT OF TRANSPORTATION, RECORDED MAY 19, 2009, AS
DOCUMENT NO.200900014122, RECORDS OF FLATHEAD COUNTY, MONTANA.
WHEREAS, 40 Valley View, 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
August 8, 2023 on the proposal and reviewed Subdivision Report #KPP-23-07 issued
by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Lupine Meadows, subject to certain conditions
and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of September 5,
2023, reviewed the Kalispell Planning Department Report #KPP-23-07, 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-23-07 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of 40 Valley View, LLC, for approval of the Preliminary
Plat of Lupine Meadows, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
1. 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.
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. 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. Lots 5A — 9B do not appear to have a provision for stormwater detention or treatment as part
of the initial design. In order to account for that, the final design shall be adjusted and may
result in reduced lot sizes or other adjustments to provide additional detention area.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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. Internal streets shall be built to local street design standards
including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter.
11. Foys Lake Road is designated as a major collector and Valley View Drive as a local street in
the Transportation Plan and the frontages of the property would need to be improved to those
standards. The specific improvements will be determined upon review of the engineering
plans and existing conditions. Improvements may include, but would not necessarily be
limited to, widening travel lanes, pedestrian paths, landscape boulevard, streetlights, and
curb/gutter.
12. The streets and right-of-way improvements shall be designed to incorporate the following
Public Works comments: (a) The road intersection with Lupine Drive shall be made more
perpendicular by extending the curve; (b) The sidewalk along Foys Lake shall be moved to
the right-of-way line, rather than as shown with a narrow offset from the road; (c) Sidewalk
ramps shall be extended across Lupine Drive at the proposed intersection; and (d) Walkways
in the right-of-way shall be concrete with other portions to be approved by Parks.
13. The temporary cul-de-sac shall be concrete within the right-of-way and the basketball court
shall not be located within the cul-de-sac.
14. Per Section 28.3.14(F)(1), a uniform fence or wall shall be included along the Foys Lake
Road frontage to be installed by the developer.
15. 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."
16. The recommendations in the Geotech report shall be followed.
17. 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.
18. 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.
19. 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
20. 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.
21. 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.
22. 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.
23. 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.
24. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat.
25. 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.
26. 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.
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. The developer should strongly consider including Fish, Wildlife, and Parks guidelines
relative to human -wildlife interaction within their covenants.
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 5TH DAY OF SEPTEMBER, 2023.
ATTEST:
Aim e Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor