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Resolution 6230 - Prelim Plat - Northland Ph 5CRESOLUTION NO.6230 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF NORTHLAND PHASE 5C, DESCRIBED AS A TRACT OF LAND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, SITUATED IN THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A". WHEREAS, Bridgeland Development, LLP, the applicant for 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 October 8, 2024, on the proposal and reviewed Subdivision Report #KPP-24-05 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell Planning Commission has recommended approval of the Preliminary Plat of Northland Phase 5C, subject to certain conditions and recommendations; and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of November 4, 2024, reviewed the Kalispell Planning Department Report #KPP-24-05, 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-24-05 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of Bridgeland Development, LLC for approval of the Preliminary Plat of Northland Phase 5C, 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 Northland PUD (Ordinance 1495) shall apply. 3. The Planned Unit Development for Northland is amended to allow the following deviations from the Zoning Regulations: (a) Kalispell Zoning Ordinance Sections 27.06.040(4) and 27.37.010(30) (Building height): Generally, the maximum building height in the R-3 zone is 35 feet. This deviation would allow a building height of 45 feet from the existing grade. 4. The Planned Unit Development for Northland is amended to allow the following deviations from the Kalispell Subdivision Regulations: (a) Kalispell Subdivision Regulations, Sections 28.3.03(7) and 28.3.11(F) 2) (Building site slopes): The subdivision regulations generally provide that residential building lots should have a 30 foot by 30-foot site with an existing undisturbed terrain of 25% or less slope. This deviation is allowed provided that it be developed in substantial compliance with the submitted plans. (b) Kalispell Subdivision Regulations, Sections 28.3.12(A)(2), 28.3.13 (C), and 28.3.21(A) (Right -of -Way and Utility Connections to Far Property): The subdivision regulations generally require the provision of future connections to adjacent properties. This deviation would allow the subdivision without a connection to the west. 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. The recommendations in the Geotechnical report shall be followed as the site is developed. (Section 28.3.10, Subdivision Regulations) 9. 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. 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. (Section 28.3.17, Subdivision Regulations) 11. The storm drainage plan for the subdivision shall incorporate the drainage ditch on the western side of the property and the curtain drain along the southern boundary, including connecting roof drains to the curtain drain. (Section 28.3.17, Subdivision Regulations) 12. 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) 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 shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. (Section 28.3.14 & 20, Subdivision Regulations) 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. (Section 28.3.20, Subdivision Regulations) 15. 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) 16. 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. 17. 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) 18. All easements and/or rights -of -way shall be indicated on the face of the final plat. 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) 19. 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) 20. Northland Drive shall be improved to city standards, which may include, but not necessarily be limited to, sidewalk, landscape boulevard, street trees, and streetlights. As a collector street, no additional driveways will be allowed directly onto Northland Drive and a note should be placed on the face of the plat to that effect. (Section 28.3.14, Subdivision Regulations) 21. Internal to the subdivision, streets shall be designed to the local street standard under the Standards for Design and Construction. (Section 28.3.14, Subdivision Regulations) 22. 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 any updated TIS reports required through final engineering review of the subdivision plans. (Section 28.3.14, Subdivision Regulations) 23. 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) 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 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) 27. 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. Cash -in -lieu of parkland is an available option for any shortfall in accordance with the standards in the subdivision regulations. (Section 28.3.22, Subdivision Regulations) 28. 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) 29. 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) 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 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) 32. 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, and alleys. 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) 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 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) 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 4TH DAY OF NOVEMBER, 2024. Mark Johnson Mayor ATTEST: ``�e ► o a r"ri L' f� o��f +--' Aim e Brunckhorst, CMC City Clerk�IOi��:' !.