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Resolution 6302 - Preliminary Plat - North West View SubRESOLUTION NO.6302 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF NORTH WEST VIEW SUBDIVISION, DESCRIBED AS A TRACT OF LAND SITUATED, LYING AND BEING IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, ALL OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY NO. 22839, RECORDS OF FLATHEAD COUNTY, MONTANA, CONTAINING 42.583 ACRES, MORE OR LESS, SUBJECT TO AND TOGETHER WITH ALL APPURTENANT EASEMENTS OF RECORD. WHEREAS, LBO Properties, LLLP, the applicant for the certain real property described above, has petitioned for approval of the Subdivision Plat of North West View Subdivision; and WHEREAS, the Kalispell City Planning Commission held a public hearing on November 12, 2025 on the proposal and reviewed Subdivision Report #KPP-25-03 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Commission has recommended approval of the Preliminary Plat of North West View Subdivision 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-25-03, 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-25-03 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of LBO Properties for approval of the Preliminary Plat of North West View 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 approved site plan, supporting materials, and other specifications, as well as any additional conditions associated with the preliminary plat as approved by the City Council. (Ref: §28.2.06, Kalispell Subdivision Regulations) 2. The preliminary plat approval shall be valid for a period of three (3) years from the date of approval. (Ref: §28.2.06(E)(7), Subdivision Regulations) 3. All conditions for the preliminary plat shall be considered to be conditions for the conditional use permit as well. 4. All new infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell 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. (Ref: §28.3.14 & §28.3.20, Subdivision Regulations; Standards for Design and Construction) 5. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell Standards for Design and Construction and in compliance with the city's Facilities Update and Extension 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, certification shall be submitted to Public Works confirming that the water and sewer mains have been constructed and tested as approved. (Ref: §28.3.20, 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 from both required prior to construction. (Ref: §28.3.20, Subdivision Regulations; ARM Title 17, Chapter 38, Subchapter 1 — DEQ Public Water/Wastewater Review) 7. Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. (Ref: §28.3.08, Subdivision Regulations) 8. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and engineered drainage plan that meets current city standards for design and construction. Prior to final plat, a certification shall be submitted to Public Works stating that the drainage plan for the subdivision has been installed as designed and approved. (Ref: §28.3.17, Subdivision Regulations; City Standards for Design and Construction) 9. Any open stormwater facilities shall incorporate an elevated aesthetic design, including grading, slopes, and landscape treatments, subject to review and approval by both the Kalispell Parks and Recreation Department and the Kalispell Public Works Department. Final stormwater facility design shall be approved by the Kalispell Public Works Department prior to development. (Ref: §28.3.17, Subdivision Regulations) 10. Prior to construction, the developer shall submit an erosion and sediment control plan to the Kalispell Public Works Department for review and approval and shall provide a copy of all documents submitted to the Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. (Ref: §28.3.18, Subdivision Regulations; DEQ Construction Stormwater Permit) 11. A letter from the Kalispell Public Works Department shall be submitted prior to final plat stating that all new infrastructure has been accepted by the City of Kalispell, that any private infrastructure has been constructed per city standards, and that an acceptable bond has been posted for any unfinished work. (Ref: §28.2.09(E), Subdivision Regulations) 12. Within the subdivision, all internal streets shall be constructed to a minimum of a local street design standard in accordance with the City of Kalispell Standards for Design and Construction. Street construction shall include, but is not limited to, sidewalks, landscape boulevards, street lighting, curb and gutter, and all other improvements required under the subdivision regulations. (Ref: §28.3.14, Kalispell Subdivision Regulations; City Standards for Design and Construction) 13. All easements and rights -of -way shall be clearly shown on the face of the final plat. Utility easements for City water and sewer shall be provided as necessary to allow for the logical extension of services to adjoining properties. A letter from the Kalispell Public Works Department shall be submitted prior to final plat, confirming that the required easements are correctly depicted. (Section 28.3.21, Subdivision Regulations) 14. A letter from the Kalispell Fire Department approving access, placement of fire hydrants, and fire flows within the subdivision shall be submitted prior to final plat and shall confirm compliance with the Fire Code. (Ref: §28.3.23, Subdivision Regulations; IFC 2018 §503 & §507) 15. The following statement shall appear on the final plat: (Ref: §28.3.21(C), Subdivision Regulations) "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 16. Prior to filing the final plat, a letter from the U.S. Postal Service shall be provided stating that the Service has reviewed and approved the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat and included in the preliminary and final engineering plans reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. (Ref: §28.3.24, Subdivision Regulations) 17. A letter from the Kalispell Parks and Recreation Director shall be submitted prior to final plat approving the landscape plan for tree placement and landscaping within boulevard areas. The approved landscape plan shall be installed or bonded for prior to final plat. (Section 28.3.14, Subdivision Regulations) 18. A park plan for the area designated as parkland shall be approved by the Parks and Recreation Director. In accordance with §28.3.19 of the Kalispell Subdivision Regulations, the subdivision shall provide 4.47 acres of dedicated parkland. Usable parkland shall meet the standards of §28.3.22, including requirements for accessibility, grading, slope, and recreational usability, and shall not include areas that are permanently wet or funetion solely as stormwater detention. If the mull 4.47 acres is not dedicated as land, the developer may provide recreational improvements equal in value to the required dedication, subject to review and approval by the Parks and Recreation Department. (Ref: §28.3.19 & §28.3.22, Kalispell Subdivision Regulations) 19. A note shall be placed on the final plat indicating a waiver of the right to protest the creation of a park maintenance district. The district shall only be activated in the event that the Homeowners' Association defaults on park and open space maintenance obligations. (Section 28.3.22, Subdivision Regulations) 20. 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) 21. A note shall be placed on the final plat indicating a waiver of the right to protest the creation of a Special Improvement District (SID) for roadway improvements in adjacent areas, stating: (Ref: §28.3.25, Subdivision Regulations) "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision. " 22. A Homeowners' Association shall be formed and established to provide for the maintenance of common areas and shared facilities, including but not limited to stormwater facilities, internal streets (if private), parks, open space, and landscape areas.. (Section 28.3.17 & Section 28.3.22, Subdivision Regulations) 23. A minimum of two-thirds (2/3) of the required subdivision infrastructure shall be completed prior to submittal of the final plat. (Ref: §28.8.01, Subdivision Regulations) 24. All utilities shall be installed underground in locations approved by the Kalispell Public Works Department in accordance with the City of Kalispell Standards for Design and Construction. (Ref: §28.3.21(C), Subdivision Regulations) 25. All disturbed areas shall be re -vegetated with a weed -free seed mix immediately following construction. (Ref: §28.3.02, Subdivision Regulations) 26. Prior to final plat, the developer shall coordinate with the Kalispell Public Works Department to ensure the northern boundary maintains effective buffering between the subdivision and the adjacent LHC Gravel Pit. Existing berming and fencing on the gravel pit property provide substantial separation between the two uses and meet the intent of the Kalispell Growth Policy for transitional buffering. (Ref: Growth Policy — Land Use Compatibility Policies) A note shall be placed on the final plat stating: "The existing berm located on the LHC Gravel Pit property provides temporary buffering between the gravel pit and the North West View Subdivision. The berm will be removed by the gravel pit owner as part of site reclamation activities upon completion of gravel pit operations. " 27. Lots 124A and 124B, as well as 120A and 1208, shall obtain access directly from the main internal street rather than from the cul-de-sac in order to ensure safe and efficient circulation consistent with City design standards. (Ref- §28.3.13 & §28.3.14, Subdivision Regulations; City Design Standards — Driveway Access Control) 28. The developer shall install a 16-inch water main extension along Stillwater Road, connecting the existing dead-end water main stubbed to Stillwater Road in Phase 6 to Dragon Fire Avenue, as required by the Public Works Department and consistent with the City of Kalispell Standards for Design and Construction. (Ref: City Facilities Update & Extensions of Services Plans; §28.3.20) 29. The street connection between Stillwater Estates and the first phase of this subdivision development via Sperry Way/Dragon Fire Avenue, shall be installed if determined to be necessary or warranted by West Valley Fire in conjunction with the City of Kalispell and the Stillwater Estates Homeowners Association in order to establish secondary access and maintain emergency response connectivity in this service area. The alignment, intersection geometry, and street section shall be reviewed and approved by the Kalispell Public Works Department and the Kalispell Fire Department, with coordination from West Valley Fire regarding service coverage and access routing. (Ref: §28.3.13 & §28.3.14, Kalispell Subdivision Regulations; Fire Code §503 — Secondary Access; Move 2040 Transportation Plan) 30. The development is required to maintain or improve the level of service of existing roadway intersections. Mitigation based on the Traffic Impact Study shall be implemented. Additional analysis and amendments to the TIS may also be required as phases of development are completed in order to consider other area developments. (Section 28.3.14, Subdivision Regulations; Section 9.1.2, Standard for Design and Construction — July 5, 2022). 31. The 30-foot corridor located along the southwest boundary shall be labeled on the final plat as "Future Public Right -of -Way Corridor 1 Private Road and Utility Easement." (Ref: §28.3.14 & §28.3.22, Kalispell Subdivision Regulations; Move 2040 Transportation Plan) 32. Final street names, including but not limited to "Dragon Fire Avenue" and "Sperry Way," shall be reviewed and approved by the Kalispell Public Works Department to ensure consistency with the City's addressing and street naming standards and to avoid duplication or conflict with existing street names. Name changes shall be made if determined necessary by Public Works. (Ref: City Addressing and Street Naming Policies; Standards for Design and Construction) 33. Provisions for a road reserve to accommodate a future roundabout at the intersection of Stillwater Road shall be incorporated into the layout of this subdivision. The design may impact the lot layout, particularly for Lots I I2A and 11213, and may result in a reduction in the number of lots. (Ref: §28.3.14, Kalispell 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 I ST DAY OF DECEMBER, 2025. ATTEST: Aim e Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT "A" The property is more particularly described as follows, together with and subject to all easements, rights -of -way, restrictions, and reservations of record: A tract of land situated, lying and being in the Southwest Quarter of the Northwest Quarter and in the Northwest Quarter of the Southwest Quarter, all of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as Tract 1 of Certificate of Survey No. 22839, records of Flathead County, Montana, containing 42.583 acres, more or less, subject to and together with all appurtenant easements of record.