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Resolution 6303 - Preliminary Plat - North Meadows SubRESOLUTION NO.6303 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF NORTH MEADOWS SUBDIVISION, DESCRIBED AS A TRACT OF LAND IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A". WHEREAS, Roger Foley, the applicant for the certain real property described above, has petitioned for approval of the Subdivision Plat of North Meadows; and WHEREAS, the Kalispell City Planning Commission held a public hearing on November 12, 2025 on the proposal and reviewed Subdivision Report #KPP-25-04 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Commission has recommended approval of the Preliminary Plat of North Meadows subject to certain conditions and recommendations; and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of December 1, 2025, reviewed the Kalispell Planning Department Report #KPP-25-04, 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-25-04 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of Roger Foley for approval of the Preliminary Plat of North Meadows Subdivision, 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. 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 and shall be extended in the paved portions of the proposed streets to the far extents of the property. Prior to 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. An easement shall be provided for a potential future extension of the water main to the east property boundary. (Section 28.3.20, Subdivision Regulations) 11. An encroachment permit shall be obtained to accommodate the private force sanitary sewer main. (Section 28.3.20, Subdivision Regulations) 12. The developer shall submit the street designs to the Kalispell Public Works Department for review and approval prior to construction pursuant to the 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. Designs shall also include street access control, intersection layout, horizontal and vertical curves, clear vision triangles, signage, and pedestrian facilities. (Section 28.3.13,14, & 16 Subdivision Regulations) 13. The extension of South Meadows Drive as shown on the proposed plat shall be designed and constructed to a minor collector standard in accordance with the Move 2040 Transportation Plan and City of Kalispell Standards for Design and Construction. Full width improvements are required including, but not necessarily limited to curb and gutter, street signage, striping, sidewalk, street lighting, boulevards and landscaping. (Section 28.3.13,14, & 16 Subdivision Regulations) 14. The internal street shall be built to a minimum of a local street design standard pursuant to the Standards for Design and Construction including, but not limited to sidewalks, landscape boulevard, street lights, and curb and gutter, subject to the requested variance for cul-de-sac length. Shared driveways shall be utilized wherever possible to minimize the impact on the streetscape. (Section 28.3.13,14, & 16 Subdivision Regulations) 15. The development is required to maintain or improve the level of service of existing roadway intersections. No additional mitigation is recommended. Additional analysis and amendments to the TIS may be required as phases of development are completed. (Section 28.3.14, Subdivision Regulations; Section 9.1.2, Standard for Design and Construction) 16. A homeowners' association shall be formed and established to provide for the maintenance of the common areas and facilities, including, but not necessarily limited to, storm water, streets, parks and open space. (Section 28.3.17 & 22, Subdivision Regulations) 17. The recommendations in the Geotech report and subsequent updates shall be followed. Per the Geotech recommendation, basements shall not be permitted on the site. A note to that effect shall be placed on the final plat. (Section 28.3.07(F) and 28.3.10, Subdivision Regulations) 18. Per the Geotech report, a minimum 30-foot setback from the slope crest over Ashley Creek shall be maintained so that existing slope stability would be unaffected by building surcharge loads, subject to the requested variance relating to the stream setback and related conditions. (Section 28.3.07 and 28.3.10, Subdivision Regulations) 19. Development of the site shall comply with the setback exhibit showing a minimum 100-foot to 200-foot setback from Ashley Creek. (Section 28.3.07) 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 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) 22. 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, -as, 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 23. 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) 24. 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. All homes in the subdivision shall install a residential fire sprinkler system and a note to that effect shall be placed on the final plat. In addition, the fire sprinkler system requirement shall be included within the homeowner covenants (Section 28.3.23, Subdivision Regulations) 25. 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) 26. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat. (Section 28.3.22, Subdivision Regulations) 27. 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) 28. 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." 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 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) 30. 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) 31. 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) 32. 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 DECEMBER, 2025. ATTEST: Airfee Brunckhorst, CMC City Clerk Mark Johns Mayor e 1 I I 9-4-duly A tract of land in the Northwest Quarter of the Northeast Quarter of Section 19, Township 28 North, Range 21 Nest; P.M.M., Flathead County, Montana, described as follows: Beginning at the intersection of the westerly boundary of said Northwest Quarter of the Northeast Quarter with the centerline of Ashley Creek; thence southerly and along said westerly boundary a distance of 314 feet, more or less, to the southwest corner of said Northwest Quarter of the Northeast Quarter; thence easterly and along the south boundary a distance of 1342.71 feet, more or less, to the southeast corner; thence northerly and along the east boundary a distance of 550 feet to a point; thence westerly and parallel to the southerly boundary a distance of 195 feet, more or less, to the centerline of Ashley Creek; thence westerly and following the centerline of Ashley Creek to the point of beginning.