Resolution 6178 - Preliminary Plat - Eagle Valley Ranch Ph 4-6 RESOLUTION NO. 6178
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
EAGLE VALLEY RANCH PHASES 4-6, MORE PARTICULARLY DESCRIBED AS A
TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 19, TOWNSHIP 29
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Spartan Holdings,LLC,the owner of the certain real property described above, has
petitioned for approval of the Subdivision Plat of Eagle Valley Ranch Phases 4-6,
and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
December 12, 2023 on the proposal and reviewed Subdivision Report#KPP-23-11
issued by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Eagle Valley Ranch Phases 4-6 subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of January 2,
2024,reviewed the Kalispell Planning Department Report#KPP-23-11,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-23-11 are hereby adopted as the Findings of Fact of the City Council.
SECTION 2. That the application of Spartan Holdings, LLC for approval of the
Preliminary Plat of Eagle Valley Ranch Phases 4-6, Kalispell, Flathead
County, Montana is hereby approved subject to the following conditions:
General 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.
3. The development shall comply with all conditions of the Planned Unit Development,
including, but not necessarily limited to, Ordinances 1814 and 1884.
4. Due to high groundwater, two mitigation measures shall be implemented and noted on the
face of the final plat. First, single-family and commercial buildings (i.e. any inhabitable
buildings)shall not have basements unless a site-specific geotechnical report is prepared for
the specific lot,with any recommended mitigation to be completed. Second,the finish floor
elevation of each structure shall be set such that the difference between the finish floor
elevation and peak groundwater level will be a minimum of five feet.
5. The recommendations in the Geotech report shall be followed.
6. A stamped letter confirming or updated the Geotech report shall be submitted for review and
approval by the City and, if there is any change in the Geotech analysis, any necessary
remediation shall be required at the City's discretion,including the possibility of redesigning
and resubmitting the preliminary plat for a new review.
7. Noise mitigation measures identified in the submitted sound study(i.e.the installation of an
eight-foot-tall berm or a two-foot berm with a six-foot sound wall along the western
boundaries of the lots closest to the highway in the R-3 area with single family residences).
In relation to Lots 162-165, any residential use on those lots will require a supplemental
sound study and appropriate mitigation. A note to that effect shall be placed on the face of
the final plat.The design of the noise mitigation measures shall be reviewed and approved by
Development Services, Public Works, the Parks Department and the City of Kalispell
Architectural Review Committee prior to construction.
8. Section 27.20.29 of the zoning ordinance requires a 100-foot buffer area along the highway
frontage. Common Area 10 adjacent to Lot 164 shall be widened to meet the 100-foot buffer
requirement. The specific design of each of the buffer areas shall be subject to review and
approval by the Parks Department.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. Any water rights associated with the property shall be dedicated to the City of Kalispell per
Section 28.3.08 of the subdivision regulations.
16. The sewer infrastructure will include a lift station,which shall be placed on a separate utility
lot dedicated to the City. The location and maintenance access requirements shall be in
accordance with the Standards for Design and Construction and approved by the Public
Works Department.
17. 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.
18. A future connection to Ponderosa Lane to the north shall be provided as reflected on the
submitted plans. Under the city Standards for Design and Construction, the development
shall maintain or improve the existing level of service for the affected roadways rather than
simply maintaining an acceptable level of service.
19. The submitted Traffic Impact Study("TIS")is subject to additional review by the Montana
Department of Transportation("MDT')and Public Works.Prior to final plat,all mitigation
required as part of the approved TIS shall be completed.All required improvements shall be
reviewed and approved by Public Works, MDT, or both as appropriate. A list of proposed
mitigation in the TIS is detailed in the adopted findings, and hereby incorporated by
reference.
20. The new connection to the highway with Jefferson Boulevard will be subject to MDT review
and approval. The developer shall obtain an approach permit from MDT for the approach
onto Highway 93 North. If any improvements are necessary at the intersection of the
roadways, these improvements shall be completed to the satisfaction of MDT prior to final
plat with a written certification to be provided by MDT to the City. Required movement
restrictions at the intersection shall be determined by MDT and installed by the developer.
21. The highway frontage shall be reviewed by MDT and any required improvements shall be
installed by the developer.
22. Jefferson Boulevard shall be constructed as a collector street and the remaining streets as
local roads under the Standards for Design and Construction. Both shall include full street
profiles including, but not limited to, curb/gutter, landscape boulevard with trees, and a
sidewalk.
23. Lots fronting Jefferson Boulevard shall have shared accesses unless they are able to meet the
Access Spacing Guidelines specified in the Standards for Design and Construction. Shared
accesses for affected lots shall be noted on the face of the plat.
24. Design and construction of the temporary cul-de-sacs and permanent dead-ends shall comply
with the Standards for Design and Construction and Public Works comments noted in the
adopted findings.
25. Permanent access to the water tank site shall be provided with an easement in Park Area 1
granted by the developer to the City with the appropriate design elements.
26. 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.
27. 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.
28. 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
29. 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.
30. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas.
31. 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.
32. 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.
33. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat, with a pro-rated portion of the plan to be completed with each phase.
34. The widened sidewalks as part of the overall trail plan shall be implemented, and any
necessary dedication of additional right-of-way shall be provided.
35. The path at the north end of Park Area 1 shall connect back to the street.
36. 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.
37. 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.
38. 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."
39. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
40. 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.
41. 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 2ND DAY OF JANUARY, 2024.
Mark Johnson
ATTEST: Mayor
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Ai a Brunckhorst, CMC �.`� \/,AL
City Clerk OKAY'
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