Resolution 6175 - Prelim Plat - Stillwater Bend Ph 2RESOLUTION NO.6175
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
STILLWATER BEND PHASE 2, MORE PARTICULARLY DESCRIBED AS A PARCEL B
OF CERTIFICATE OF SURVEY NO.13982, SITUATED IN THE SOUTHEAST QUARTER
OF SECTION 24 AND THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 29
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND A
PORTION OF TRACT 3 OF CERTIFICATE OF SURVEY NO.12011 AND A PORTION OF
THE NORTH HALF OF THE NORTHEAST QUARTER LYING NORTHERLY AND
EASTERLY OF THE STILLWATER RIVER OF SECTION 25, TOWNSHIP 29 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Stillwater Development Partners, LLC, the owner of the certain real property
described above, has petitioned for approval of the Subdivision Plat of Stillwater
Bend Phase 2, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
November 14, 2023 on the proposal and reviewed Subdivision Report #KPP-23-09
issued by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Stillwater Bend Phase 2 subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of December
4, 2023, reviewed the Kalispell Planning Department Report #KPP-23-09, 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-23-09 are hereby adopted as the Findings of Fact of the City Council.
SECTION 2. That the application of Stillwater Development Partners, LLC for approval of
the Preliminary Plat of Stillwater Bend Phase 2, Kalispell, Flathead County,
Montana is hereby approved subject to the following conditions:
General Conditions:
The Planned Unit Development for Stillwater Bend Phase 2 allows the following deviations
from the Zoning Regulations:
(a) Setbacks: Sec. 27.10.040(3) — The minimum front setback in the RA-2 is 15 feet. The
deviation allows for a 10-foot front setback.
(b) Maximum Building Height: Sec 27.10.040(4) — The RA-2 zone has a maximum
height of 45 feet. The deviation allows a maximum height of up to 60 feet for the
buildings shown on the submitted exhibit in the western portion of the development
provided that tuck -under parking is provided and that the varying roof lines are
incorporated into the final design.
The Planned Unit Development for Stillwater Bend Phase 2 allows the following deviations
from the Kalispell Subdivision Regulations:
(a) Watercourse Setback: Sec. 28.3.07 — The subdivision regulations require a minimum
200-foot setback from the Stillwater River, unless additional information is submitted
supporting a lesser setback. The deviation would provide:
(i) A reduction in the Stillwater River setback from 200-feet to the setback line
determined by the geotechnical report, provided the setback cannot be less than 100-feet;
(ii) A requirement that the 100-foot Stillwater River setback be restored with native
riparian habitat. A landscape plan shall be submitted by a specialist (landscape architect,
engineer, hydrologist, botanist, scientist, etc.) with experience in riparian area
restoration. The landscape plan shall be approved by the Parks and Recreation Director
in addition to any other applicable governmental agencies prior to final plat;
(iii) As part of the engineering review process, the City of Kalispell shall have the option
to submit the geotechnical analysis to a third party for review; and
(iv) Any updates to the Geotech report required by the Public Works Department shall be
submitted and be subject to their review and approval, including the possibility of third -
party review. Based on the additional information, adjustments to the site design and a
potential reduction in the number of units may result.
(b) Block Length/Connectivity: Sec. 28.3.12(A)(2) and 28.3.13(C) — Generally, future
street extensions to adjacent properties should be laid out at regular block lengths (no
more than 600 feet). The deviation would allow connections as shown on the submitted
plans, provided that provisions for a possible connection for future development of the
property to the north be included.
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.
Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
As a PUD with an associated preliminary plat application, the abandonment or expiration of
the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
The preliminary plat approval shall be valid for a period of three years from the date of
approval.
7. The final grading plan is subject to review and approval by the Public Works Department.
8. 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.
9. 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.
10. 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.
11. 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.
12. The water main in Rose Crossing shall be oversized to a 16-inch main as provided in the
water facility plan.
13. 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.
14. An analysis of downstream sanitary sewer lift stations will be required, and the developer
shall be responsible for any necessary upgrades.
15. Any sanitary sewer mains located outside of the public right-of-way shall be developed as
private mains.
16. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city Standards for
Design and Construction.
17. Rose Crossing shall be designed and constructed as a minor arterial per the Transportation
Plan and the Standards for Design and Construction. Other roadways in the subdivision shall
be private. Any private streets shall be subject to review and approval by Public Works and
shall be designed to meet HS-20 loading requirements as well as provide turning radiuses to
allow for fire truck access.
18. Mid -block crossings of Rose Crossing may require additional pedestrian features such as
pedestrian actuated flashing lights. Any such features shall be determined by Public Works
during the course of the engineering design review for the subdivision.
19. Sidewalks shall be extended to connect with Stillwater Bend Phase 1.
20. 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.
21. Under the subdivision regulations and fire code, a second access in addition to Rose
Crossing must be provided once there are 100 or more units. Details on the design of the
access shall be submitted to the City for review and approval by both Public Works and the
Fire Department, and will need to meet any applicable standards under the Standards for
Design and Construction as well as the Fire Code. The second access is a critical component
of the overall design. Without the second access being developed to the applicable
standards, the number of units on the property would be limited to less than 100 until such
time as a second access is provided.
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 plan for recreational amenities and park area shall be created and approved by the Parks
and Recreation Director prior to final plat of the initial phase of Stillwater Bend Phase 2. As
the phased construction of the development progresses, a minimum of 500 square feet of
land with recreational value or the equivalent in amenities per unit shall be provided.
24. 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 or a proper bond
has been accepted for unfinished work.
25. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements 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
staring that the required easements are being shown on the final plat.
26. 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
27. 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.
28. A homeowner's/property owner's association shall be formed. The association should
include provisions for the maintenance of all common areas in recorded covenants including,
but not limited to, storm drainage facilities, open space, park areas, and clubhouses. As part
of the storm drainage facilities, the association will be required to mow the area to reduce
fire hazard and reduce spread of noxious weeds.
29. 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.
30. 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."
31. 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.
32. A note shall be placed on the final plat stating that owners waive their right to protest a
Special Improvement District for maintenance of common areas. A district shall only be
activated in the event that the homeowner's association defaults on their common area
maintenance obligations. The taxes levied within the special improvement district shall be
determined by the appropriate city 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.
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 4TH DAY OF DECEMBER, 2023.
Z�e-
Ch'a�d Grah
ATTEST: Council President
Aimee Brunckhorst, CMC
City Clerk