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Resolution 6209 - Prelim Plat - Bloomstone Ph 4RESOLUTION NO.6209 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF BLOOMSTONE SUBDIVISION PHASE 4, DESCRIBED AS PARCEL 3 OF CERTIFICATE OF SURVEY NO. 17217 LOCATED IN THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A". WHEREAS, Kalispell National Multifamily, 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 Planning Commission held a public hearing on June 18, 2024, on the proposal and reviewed Subdivision Report #KPP-24-02 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell Planning Commission has recommended approval of the Preliminary Plat of Bloomstone Subdivision, Phase 4, subject to certain conditions and recommendations; and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 1, 2024, reviewed the Kalispell Planning Department Report #KPP-24-02, reviewed the recommendations of the Kalispell 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-24-02 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of Kalispell National Multifamily, LLC for approval of the Preliminary Plat of Bloomstone Subdivision, Phase 4, 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. All applicable conditions within Bloomstone PUD (Ordinance 1635) and the preliminary plat approval for Bloomstone Phases 3-6 (Resolution 6012) shall apply. 3. The Planned Unit Development for Bloomstone is amended to allow the following deviations from the Zoning Regulations: (a). Kalispell Zoning Ordinance, Section 27.07.040 (1) (Minimum lot area): Allows the minimum lot area to be reduced from 6,000 square feet to 4,290 square feet for single-family lots. Minimum size for sublots are allowed at 1760 square feet. (b). Kalispell Zoning Ordinance, Section 27.07.040 (2) (Minimum lot width): Allows the minimum lot width to be reduced from 50 feet to 40 feet for single-family lots, with a minimum sublot width of 20 feet. (c). Kalispell Zoning Ordinance, Section 27.07.040 (3) (Front setback encroachment): Allows the front setback to be reduced to 10 feet. Such reduction shall only apply to the single-family residential houses and townhomes, and the 20 foot front setback for garages shall continue to apply. (d). Kalispell Zoning Ordinance, Section 27.07.040 (5) (Permitted lot coverage): Allows an increase to 54% lot coverage on the 6,000 square foot lots and no maximum lot coverage for townhouse/sublots. 4. The Planned Unit Development for Bloomstone is amended to allow the following deviations from the Kalispell Subdivision Regulations: (a) Kalispell Subdivision Regulations, Section 28.3.14 (Streets and Roads — Design Standards) and Section 28.3.11(c) (Alleys not to be used as primary access): This deviation allows for certain lots to be accessed with a 30-foot alley (20-foot paved surface) with a sidewalk on one side. The alley right-of-way shall be privately owned and maintained, and no parking is allowed within the alley right-of-way. (b) Kalispell Subdivision Regulations, Section 28.3.15(B) (Required Alleys): This deviation allows alleys when townhouse lots create a street frontage density of 40 feet or less on average for a block. Shared driveways shall be utilized throughout the subdivision wherever practicable. All of the roads except the road from the northwest corner, extending along the northern boundary and connecting with Rosecrown Road at the eastern boundary shall be privately owned and maintained. (c) Kalispell Subdivision Regulations, Section 28.3.11(I) (Through Lots) —This deviation would allow through lots (i.e. lots with street frontage at both the front and rear) along a specific stretch of Phase 4 fronting Treeline. The standard 20-foot setback from the right-of- way shall apply. (d) Kalispell Subdivision Regulations, Section 28.3.14(F)(1) (House Orientation) — This deviation would allow lots along Four Mile Drive to be oriented towards Four Mile. 5. 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) 6. 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. 7. 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. 8. Along Four Mile Drive and the bypass, there shall be a consistency of design that allows for the privacy of the residents and sound mitigation along the bypass as well as consistent aesthetics. Any fencing or landscape treatments along those frontages shall be installed by the developer. The plan shall be submitted to the Development Services and Parks Departments for review and approval and shall include a consistent, aesthetically pleasing design. 9. The recommendations in the Geotechnical report shall be followed as the site is developed. (Section 28.3.10, Subdivision Regulations) 10. If the sound study shows a 60dBA or lower level at any lot line being final platted, sound mitigation should be developed regardless of whether that phase is adjoining the highway right-of-way or not. (Section 28.3.09, Subdivision Regulations) 11. The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding retention ponds 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. Any existing ponds being utilized for new phases of development should incorporate reasonable design features to meet this standard to the extent practicable. 12. 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. (Section 28.3.17, Subdivision Regulations) 13. Stormwater initiating within the northern half of Four Mile Drive adjacent to Bloomstone shall be treated and detained within the Bloomstone subdivision. (Section 28.3.17, Subdivision Regulations) 14. 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) 15. 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) 16. 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. (Section 28.3.20, Subdivision Regulations) 17. 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) 18. The dead-end lines shown on the south ends of the alley shall be looped along Four Mile within the development's common area or otherwise be addressed through another method acceptable to the Public Works Department. Additionally, the 16-inch main in Rosecrown shall be extended through a public street rather than the private streets in Phase 4. (Section 28.3.20, Subdivision Regulations) 19. Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat per Section 28.3.08 of the subdivision regulations. 20. 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) 21. 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. (Section 28.3.21, Subdivision Regulations) 22. 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. 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) 23. Four Mile Drive shall be upgraded to a minor arterial standard in accordance with the Standards for Design and Construction prior to any final plat in Phase 4. Any additional right-of-way necessary for improvements shall be dedicated to the City. (Section 28.3.14, Subdivision Regulations) 24. Treeline shall be extended from the north to Four Mile Drive prior to any final plat in Phase 4 to a minor collector standard in accordance with the Standards for Design and Construction. (Section 28.3.14, Subdivision Regulations) 25. As an arterial street, no additional public or private accesses are permitted onto Four Mile Drive other than Treeline Road and Foxglove Drive. As a collector street, no driveways are allowed onto Treeline as part of Phase 4. (Section 28.3.14, Subdivision Regulations) 26. Internal to the subdivision, streets will be designed to the local street standard under the Standards for Design and Construction, except as provided for with deviations in design under the PUD. Due to those deviations, shared driveways are required. The shared driveways shall be utilized throughout the subdivision wherever practicable. All of the roads in Phase 4 except the road from the northwest corner extending along the northern boundary and connecting with Rosecrown Road at the eastern boundary shall be privately owned and maintained. In addition, no parking is allowed within the alley right-of-way. The final plat shall contain a note designating the rights -of -way as private. (Section 28.3.14, Subdivision Regulations) 27. Under city standards, the developer shall maintain or improve the level of service at any impacted intersections. The developer is required to install any mitigation that would be necessary to meet that standard based on the TIS after acceptance of the TIS findings by the Public Works Department during final engineering design review. (Section 28.3.14, Subdivision Regulations) 28. 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) 29. 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 30. 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) 31. 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 for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. (Section 28.3.14, Subdivision Regulations) 32. A parks plan for designated park areas shall be approved by the Parks and Recreation Director, and the plan shall show that the parkland dedication requirement is met for each phase. (Section 28.3.22, Subdivision Regulations) 33. 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. (Section 28.3.22, Subdivision Regulations) 34. 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. (Section 28.3.17, Subdivision Regulations) 35. 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." 36. 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, including, but not limited to, private streets and alleys. A district shall only be activated in the event that the homeowner's association defaults on their 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. (Section 28.3.14, Subdivision Regulations) 37. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of the common areas and infrastructure. 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, streets, alleys 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. (Section 28.3.17 & 22, Subdivision Regulations) 38. 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) 39. 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. (Section 28.3.21(C), Subdivision Regulations) 40. 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 1 ST DAY OF JULY, 2024. ATTEST: AirAee Brunckhorst, CMC City Clerk �--- Mark Johns Mayor - •`'SEALS m' 011892 �. • .. /V P..• EXHIBIT "A" Parcel 3 of Certificate of Survey No. 17217 located in that portion of the Southwest Quarter of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; EXCEPTING THEREFROM that portion conveyed to the Montana Department of Transportation in Bargain and Sale Deed recorded April 27, 2010, as Doc. No. 2010-000- 09740; ALSO EXCEPTING THEREFROM that portion conveyed to the City of Kalispell, Montana in Bargain and Sale Deed recorded June 3, 2015, as Doc. No. 2015-000-10822; ALSO EXCEPTING THEREFROM All of Bloomstone, Phase 1-A West & any Amended Plats thereafter; ALSO EXCEPTING THEREFROM All of Bloomstone, Phase 2 AND All of Bloomstone, Phase 3.