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H5. West View Ph 7 Final PlatCITY OF KALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Final plat request: West View Estates Phase 7 MEETING DATE: December 4, 2023 Planning Department 201 lst Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalisnell.com/Manning BACKGROUND: Owl Corporation has submitted requests for final plat approval for both Westview Estates Phase 6 and Phase 7. Final plat for each phase is being requested as a separate action. Phase 7 is located within an R-3 (Residential) zoning district, with a total of 15 single-family lots on 5.695 acres of land including the lots, streets, and common area. The City Council approved the preliminary plat with 26 conditions on June 21, 2021 (Resolution 6030). All of the conditions have been met or adequately addressed. The attached report summarizes the applicant's compliance with the conditions of approval. All infrastructure has been installed and accepted or bonded for. A subdivision improvement agreement for both Phase 6 and Phase 7 in the amount of $23,150.00 secured by an irrevocable letter of credit is included for the Council's consideration. Additionally, cash -in -lieu of parkland in the amount of $54,000.00 covering both Phase 6 and Phase 7 was submitted by the applicant. The approval of both the subdivision improvement agreement and cash -in -lieu of parkland is included within the motion for approval of Phase 6. RECOMMENDATION: It is recommended that the City Council approve the final plat for West View Estates Phase 7. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Please see application with item H4. West View Estates Phase 6. Report compiled: November 22, 2023 Aimee Brunckhorst, Kalispell City Clerk CITY OF KALISPELL November 22, 2023 Doug Russell, City Manager City of Kalispell 201 lst Ave E Kalispell, MT 59901 Re: Final Plat request for West View Estates Phase 7 Dear Doug: Planning Department 201 1' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Owl Corporation has submitted requests for final plat approval for both Westview Estates Phase 6 and Phase 7. Final plat for each phase is being requested as a separate action. Phase 7 is located within an R- 3 (Residential) zoning district, with a total of 15 single-family lots on 5.695 acres of land including the lots, streets, and common area. Phase 7 can be described as shown in the attached Exhibit A. The City Council approved the preliminary plat with 26 conditions on June 21, 2021 (Resolution 6030). All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval. All infrastructure has been installed and accepted or bonded for. A subdivision improvement agreement for both Phase 6 and Phase 7 in the amount of $23,150.00 secured by an irrevocable letter of credit is included for the Council's consideration. Additionally, cash -in -lieu of parkland in the amount of $54,000.00 covering both Phase 6 and Phase 7 was submitted by the applicant. COMPLIANCE WITH CONDITIONS OF APPROVAL 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. Staff Response: This condition has been met. The development has been in substantial compliance with the application, site plan, materials, specifications and conditions. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. The preliminary plat was approved on June 21, 2021, and remains valid. 3. 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. Staff Response: This condition has been met. The applicant provided letters from Public Works dated April 13, 2022, approving the plans as well as a letter from Public Works dated November 27, 2023, which noted that the new infrastructure had been accepted. 4. 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. Staff Response: This condition has been met. The applicant provided letters from Public Works dated April 13, 2022, approving the plans as well as a letter from Public Works dated November 27, 2023, which noted that the new infrastructure had been accepted. A stamped certification letter from Carver Engineering dated September 19, 2023, was submitted. 5. 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. Staff Response: This condition has been met. The applicant provided letters from Public Works dated April 13, 2022, approving the water and sewer plans as well as letters from DEQ dated July 26, 2022, approving the plans. 6. Water and sewer mains within Sperry Way shall extend to the eastern property line of the subdivision adjacent to Stillwater Estates. Staff Response: This condition has been met. Public Works provided a letter dated November 27, 2023, which noted that the improvements were completed. 7. Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. Staff Response: This condition has been met. Public Works provided a letter dated November 27, 2023, which noted that the water rights are in the process of being transferred. The documentation has been recorded with the Clerk and Recorder and submitted to DNRC for processing. 8. 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. Staff Response: This condition has been met. The applicant provided letters from Public Works dated April 13, 2022, approving the plans as well as a letter from Public Works dated November 27, 2023, which noted that the new infrastructure had been accepted. A stamped certification letter from Carver Engineering dated September 19, 2023, was submitted. 9. 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. Staff Response: This condition has been met. The applicant submitted copies of both the City of Kalispell and DEQ permits. 10. 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. Staff Response: This condition has been met. The November 27, 2023, letter from Public Works noted that it provided an acceptance letter dated October 16, 2023. 11. All easements and/or rights -of -way 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. Staff Response: This condition has been met. The November 27, 2023, letter from Public Works noted that it provided an acceptance letter dated October 16, 2023. 12. All streets within the subdivision will be constructed to the appropriate city standards for local streets detailed in the subdivision regulations and the City of Kalispell Standards for Design and Construction for local streets. Staff Response: This condition has been met. The applicant provided letters from Public Works dated April 13, 2022, approving the plans as well as a letter from Public Works dated November 27, 2023, which noted that the new infrastructure had been accepted. A stamped certification letter from Carver Engineering dated September 19, 2023, was submitted. 13. The construction of Sperry Way shall include frontage improvements for the full length of lots 1 and 34. Improvements would include, but not necessarily be limited to, curb, gutter, landscape boulevard, trees, street lights, sidewalks, and the paved driving surface. The north side of the street needs to include at least curb and gutter, with the additional improvements to be completed with the following phase. Staff Response: This condition has been met. The November 27, 2023, letter from Public Works notes that the improvements were completed. 14. The full frontage of Stillwater Road along Phase 7 shall be improved to collector standards per the subdivision regulations, transportation plan and the Standards for Design and Construction in conjunction with the development of Phase 7. The developer will be responsible for installing improvements on the east side of the road including, but not necessarily be limited to, curb, gutter, landscape boulevard, trees, street lights, and sidewalks. The developer is also responsible for widening both driving lanes to the applicable standard. Any additional right-of-way necessary for improvements shall be dedicated to the City. Staff Response: This condition has been met. The November 27, 2023, letter from Public Works notes that the improvements were completed and that the east half of Stillwater Road was dedicated to the city. 15. 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 and shall comply with the fire code. Staff Response: This condition has been met. The applicant submitted a letter dated October 23, 2023, from the Fire Department, approving the items. 16. 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 Staff Response: This condition has been met. The note appears on the face of the plat. 17. 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. Staff Response: This condition has been met. The applicant submitted a letter from USPS dated December 5, 2021, approving the mail delivery site. 18. A letter shall be obtained from the Kalispell 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. 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. Staff Response: This condition has been met. The applicant submitted a letter from the Parks Department dated August 14, 2023, approving the landscape plan. 19. A parks plan for the area designated as a park shall be approved by the Parks and Recreation Director. A minimum of 1.02 acres for both phases is required. The park shall meet the standards under Section 28.3.22 and the plan shall show that the parkland dedication requirement is met for each phase. The park and stormwater area will need to be redesigned in order to provide at least 1.02 acres of useable park land as provided in the regulations. A cash -in -lieu payment may be made pursuant to the subdivision regulations. Staff Response: This condition has been met. A cash -in -lieu payment of $54,000 was agreed upon and submitted to the City. A memo from the Parks Department dated August 2, 2023, was submitted showing that the amount had been paid. 20. 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 taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Staff Response: This condition has been met. The note appears on the face of the plat. 21. 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 taxes levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. Staff Response: This condition has been met. The note appears on the face of the plat. 22. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a Special Improvement District for roadway improvements in adjacent areas stating "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision." Staff Response: This condition has been met. The note appears on the face of the plat. 23. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of all common areas and facilities. Staff Response: This condition has been met. A copy of the covenants was submitted which included provisions for common areas and facilities. 24. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. Staff Response: This condition has been met. The November 27, 2023, letter from Public Works noted that the minimum amount of infrastructure had been completed. 25. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. Staff Response: This condition has been met. The November 27, 2023, letter from Public Works noted that the utilities as approved and constructed meet this standard. 26. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been met. The compliance letter from the applicant noted the condition was complied with. COMPLIANCE WITH THE SUBDIVISION REGULATIONS This subdivision plat has been found to be in compliance with the State and City subdivision regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-3 zoning for the property. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat, subdivision improvement agreement, and cash -in -lieu for West View Estates Phase 7. Attachments: - Mylars of each final plat - Copy of final plats - Subdivision Improvement Agreement and Engineers Estimate - Applicant responses and final plat application - First American Title Insurance Guarantee 5010500-1098471-FT dated 10/16/23 - First American Title Insurance Guarantee 5010500-1098476-FT dated 10/16/23 - Flathead County tax certifications dated 11/7/23 - Letters from Public Works dated 4/13/22, 7/13/22, 10/16/23, and 11/27/23 - DEQ letters dated 12/12/22, 4/22/22, and 7/26/22 - Parks letter dated 8/14/23 - Park memo re: cash -in -lieu dated 8/2/23 - Fire Dept letter dated 10/25/23 - USPS letter dated 12/5/21 - Infrastructure certification dated 9/19/23 - Water rights deed - CCRs c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: Sands Surveying 2 Village Loop Kalispell, MT 59901 EXHIBIT A WEST VIEW ESTATES, PHASE 7: A TRACT OF LAND, SITUATED, LYING AND BEING IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the southwest corner of West View Estates, Phase 6 (records of Flathead County, Montana) which is a found iron pin; Thence S89°59' 11 "W 679.94 feet to the centerline of a 60 foot county road known as Stillwater Road; Thence along said centerline N00°05'49"W 375.91 feet; Thence leaving said centerline N89°59'11"E 331.14 feet to a found iron pin; Thence EAST 196.06 feet to a found iron pin; Thence S48°43'25"E 99.80 feet to a found iron pin; Thence EAST 78.38 feet to a found iron pin; Thence SOUTH 310.00 feet to the point of beginning and containing 5.695 ACRES; Subject to and together with a 60 foot city street known as Lumberjack Place as shown hereon; Subject to and together with 10 foot utility easements and 10 foot utility and sidewalk easements as shown hereon; Subject to and together with a 15 foot city watermain easement as shown hereon; Subject to and together with a 20 foot utility and drainage easement as shown hereon; Subject to and together with all appurtenant easements of record.