Resolution 6199 - NOT ACTED ON - Prelim Plat - TronstadNOT ACTED ON
06-17-24
RESOLUTION NO. 6199
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
TRONSTAD MEADOWS AND WHITETAIL CROSSING SUBDIVISION, MORE
PARTICULARLY DESCRIBED AS PARCEL 2A OF CERTIFICATE OF SURVEY NO.
21853, LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER,
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, THE WEST HALF OF
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE WEST
HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 18, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA.
WHEREAS, Frank Garner and MT Seven Properties, the owners of the certain real property
described above, has petitioned for approval of the Subdivision Plat of Tronstad
Meadows and Whitetail Crossing Subdivision, and
WHEREAS, the Kalispell City Planning Commission held a public hearing on April 9, 2024 on
the proposal and reviewed Subdivision Report #KPP-24-01 issued by the Kalispell
Planning Department, and
WHEREAS, the Kalispell City Planning Commission has recommended approval of the
Preliminary Plat of Tronstad Meadows and Whitetail Crossing Subdivision subjectto
certain conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of June 3,
2024, reviewed the Kalispell Planning Department Report #KPP-24-01, reviewed the
recommendations of the Kalispell City Planning 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-24-01 are hereby adopted as the Findings of Fact of the City Council.
SECTION 2. That the application of Frank Garner and MT Seven Properties for approval
of the Preliminary Plat of Tronstad Meadows and Whitetail Crossing
Subdivision, Kalispell, Flathead County, Montana is hereby approved subject
to the following conditions:
General 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. (Section 28.2.06(E)(7), Subdivision Regulations)
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 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. (Section 28.3.17, Subdivision Regulations)
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 of any phase, 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. (Section 28.3.17,
Subdivision Regulations)
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. (Section 28.3.18,
Subdivision Regulations)
6. 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. (Section 28.3.20, Subdivision Regulations)
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 shall include but not be limited to streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks. (Section 28.3.14 & 20,
Subdivision Regulations)
8. 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. Priorto final plat
of any phase, 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. (Section
28.3.20, Subdivision Regulations)
9. Any water rights associated with the property shall be dedicated to the City of Kalispell per
Section 28.3.08 of the subdivision regulations.
10. The existing water main shall be extended within the paved portion of Tronstad Road from a
connection point near the eastern limits of Quail Meadows to the development's eastern
property line. Within the subdivision, water mains shall be extended in the paved portions of
the proposed streets to the far extents of the property. (Section 28.3.20, Subdivision
Regulations)
11. The existing agricultural well (the Koenig Well) shall be transferred to the city along with
adequate space for a municipal water well facility building. Appropriate space for a well
facility shall be dedicated as a utility lot to the City of Kalispell along with necessary
easements or right-of-way needed to accommodate connection(s) and access to the well
facility from dedicated street right-of-way. Additionally, development design shall
accommodate a 100' well protection zone as required by Montana Department of
Environmental Quality for the existing and/or future well. As part of the project, existing
irrigation main and power lines shall be removed. (Section 28.3.20, Subdivision Regulations)
12. The existing sanitary sewer main shall be extended within the paved portion of Tronstad
Road from a connection point near the eastern limits of Quail Meadows to the development's
eastern property line. Within the subdivision, sewer mains shall be extended in the paved
portions of the proposed streets to the far extents of the property. (Section 28.3.20,
Subdivision Regulations)
13. A capacity analysis of downstream gravity main, force main, and lift stations shall be
performed with each phase of development. Upgrades required to accommodate sanitary
sewage flows from the development will be required to be completed as part of the project
development and any associated costs will be borne by the development. (Section 28.3.20,
Subdivision Regulations)
14. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction. In addition, Sections 28.3.13 and 28.4.14 of the
Subdivision Regulations includes access, street and road design standards that shall be part
of the engineering design review. (Section 28.3.13,14, & 16 Subdivision Regulations)
15. The frontage of the property along Tronstad Road shall be improved to an urban major
collector standard in accordance with the Transportation Plan and the City of Kalispell
Standards for Design and Construction. Full width improvements are required on the
development side of the street including, but not necessarily limited to curb and gutter, street
signage, striping, sidewalk, street lighting, boulevards and landscaping. Minimum
improvements on the eastbound lane of Tronstad Road shall include full lane width and
shoulder. Improvements to a major collector shall include the dedication of ten (10)
additional feet of right-of-way along the frontage in order to install the required standard
improvements. (Section 28.3.14, Subdivision Regulations)
16. Within the subdivision, there is one minor collector street and the remainder are local streets.
All internal streets shall be built to the collector or local design standards as appropriate
pursuant to the Standards for Design and Construction including, but not limited to,
sidewalks, landscape boulevard, streetlights, and curb/gutter. (Section 28.3.14, Subdivision
Regulations)
17. The development is required to maintain or improve the level of service of existing roadways
and intersections. Recommended mitigation from the Traffic Impact Study shall be
implemented. In addition, the TIS does show a drop in the level of service at the intersection
of Whitefish Stage Road and Tronstad Road that may need to be mitigated. Additional
analysis and amendments to the TIS may also be required as phases of development are
completed. (Section 28.3.14, Subdivision Regulations)
18. Based on the annexation policy and the current status of the intersection with a limited 3/4
movement, it is appropriate for the traffic signal to be constructed in conjunction with the
first phase of development, including rebuilding the intersection to align Tronstad Road with
Silverbrook Drive. As a Montana Department of Transportation ("MDT") right-of-way,
MDT determination of warrants for the traffic signal and the appropriate timing will have a
large bearing on when the mitigation is put in place. However, the City's requirement is that
it be installed as early in the phasing of the development as allowed by MDT. In order to
ensure that the signal is ready to be installed when allowed by MDT, an approved design and
financing mechanism shall be in place prior to final plat approval of the first phase of
development. (Section 28.3.14, Subdivision Regulations)
19. 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."
20. The recommendations in the Geotech report shall be followed. (Section 28.3.10, Subdivision
Regulations)
21. If a gas line or other similar hazards become apparent, appropriate mitigation measures shall
be implemented. (Section 28.3.03, Subdivision Regulations)
22. Prior to final plat of any phase, 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. (Section 28.2.09(E), Subdivision Regulations)
23. 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. (Section 28.3.21, Subdivision Regulations)
24. Per Section 28.3.21 of the Subdivision Regulations, 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
25. 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. (Section 28.3.24, Subdivision
Regulations)
26. 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. (Section 28.3.17 & 22, Subdivision Regulations)
27. 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. (Section
28.3.23, Subdivision Regulations)
28. 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. (Section 28.3.14,
Subdivision Regulations)
29. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat. (Section 28.3.22, Subdivision Regulations)
30. The developer shall work in conjunction with the Parks Department as part of the overall
parks and landscaping plan to provide a buffering plan subj ect to the review and approval of
the Parks Department. The buffering plan is not required by the regulations, but is part of
the proposal submitted by the developer.
31. 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. (Section 28.3.22,
Subdivision Regulations)
32. 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. (Section 28.3.17, Subdivision
Regulations)
33. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal. (Section 28.8.01, Subdivision Regulations)
34. 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. (Section 28.3.21(C), Subdivision Regulations)
35. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development. (Section 28.3.02, Subdivision Regulations)
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 17TH DAY OF JUNE, 2024.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor