Resolution 6306 - Preliminary Plat - Mountain View Ph 2RESOLUTION NO.6306
• ' i i i 1 i • , r r. i r. . r i
i • : i i 1 : 1: ' i' i 1
'• ' i • i i ' 1 1 i i' i
• 1 a i 1 i i : •'
WHEREAS, Bison Hill, LLC, the applicant for the certain real property described above, has
petitioned for approval of the Subdivision Plat of Mountain View Phase 2; and
WHEREAS, the Kalispell City Planning Commission held a public hearing on January 13, 2026,
on the proposal and reviewed Subdivision Report 4KPP-25-05 issued by the
Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Commission has recommended approval of the
Preliminary Plat of Mountain View Phase 2 subject to certain conditions and
recommendations; and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of February 2,
2026, reviewed the Kalispell Planning Department Report #KPP-25-05, 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-25-05 are hereby adopted as the Findings of Fact of the City Council.
SECTION 2. That the application of Bison Hill, LLC for approval of the Preliminary Plat
of Mountain View Phase 2 Subdivision, Kalispell, Flathead County, Montana
is hereby approved subject to the following conditions:
1. The subdivision shall be developed in substantial compliance with the application materials
submitted, the site plan, the approved preliminary plat, supporting documents, and other
specifications. (Ref: §28.2.06, Kalispell Subdivision Regulations)
2. Approval of the preliminary plat shall be valid for a period of three (3) years from the date of
approval unless an extension is granted in accordance with the Kalispell Subdivision
Regulations. (Ref: §28.2.06(E)(7) Kalispell Subdivision Regulations)
3. The Planned Unit Development for Mountain View allows the following deviations from the
Zoning Regulations, which remain applicable to Phase 2:
a. Minimum lot size: Section 27,06.040(1) establishes a minimum lot size of 6,000 square
feet in the R-3 zoning district. The approved PUD allows a reduction to a minimum of 3,500
square feet for attached townhome and cottage lots.
b. Minimum lot width: Section 27.06.040(2) establishes a minimum lot width of 50 feet. The
approved PUD allows minimum widths of 35 feet for alley -loaded cottage lots and sublots as
narrow as 30 feet where in substantial compliance with the approved PUD plan and
conditions.
4. The Planned Unit Development for Mountain View allows the following deviations from the
Kalispell Subdivision Regulations, which remain applicable to Phase 2:
a. Block length: Section 28.3.12(A)(2) limits block length to between 250 and 600 feet. The
approved PUD allows blocks shorter and longer than these limits in designated areas.
b. Driveway access to collector streets: Sections 28.3.14(G) and (J) prohibit individual
driveways on collector streets except in limited circumstances. The approved PUD allows
driveway access where alleys are not feasible, provided the block is posted "No Parking,"
and townhouse sublots accessing a collector have a_minimum width of 40 feet.
c. Cottage alleys: Cottage alleys with a reduced street section are allowed as private streets,
subject to a note on the final plat identifying ownership and maintenance responsibility.
d. Townhouse alley requirements: Deviations related to alley requirements for townhouse
development remain as approved under the PUD and apply subject to compliance with
shared driveway and design standards.
5. All conditions of the Mountain View PUD (Ordinance 1862) shall apply.
6. 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. (Sections 28.3.17 Kalispell Subdivision Regulations)
7. The aesthetic appearance of the landscaping, fencing, and townhomes along Foys Lake Road
shall be in substantial compliance with the representation submitted. In order to ensure that
the final design of the frontage and townhomes along Foys Lake Road as well as along the
bypass meet these requirements, the landscaping, fencing and townhome plans for sublots
along the south side of the internal road paralleling Foys Lake Road shall be submitted to the
Planning Department and the City of Kalispell Architectural Review Committee for review
and approval.( Sections 28.3.14 and 28.3.16 Kalispell Subdivision Regulations)
8. 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. An offsite downstream analysis for
any drainage flowing south across Foys Lake Road shall be completed, including a no -rise
determination if offsite volumes increase above historic volumes. 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.( Sections 28.3.17 and
28.3.05 Kalispell Subdivision Regulations)
9. 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 Kalispell
Subdivision Regulations)
10. 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. (Sections 28.2.14 and 28.3.20 Kalispell Subdivision Regulations)
11. 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 28.3.16 Kalispell
Subdivision Regulations)
12. 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
Kalispell Subdivision Regulations)
13. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior to
final plat. (Section 28.3.08 Kalispell Subdivision Regulations)
14. The design of the water system shall address the water pressure issues related to servicing
the development. (Section 28.3.20 Kalispell Subdivision Regulations)
15. 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. (Section 28.3.14 Kalispell Subdivision Regulations)
16. Internally, the streets shall be constructed as local streets under the City of Kalispell
Standards for Design and Construction, with the exception of the cottage alleys and the
collector street running from the west entrance through the center of the project, then west to
the north property line to provide an eventual connection to Highway 2. (Section 28.3.14
Kalispell Subdivision Regulations)
17. Prior to final plat, all mitigation recommended as part of the approved amended traffic
impact study relative to the given phase shall be completed. All improvements shall be
reviewed and approved by the Public Works Department and the Montana Department of
Transportation, if applicable. The timing of the improvements will be determined by the
recommendations contained in the approved amended TIS. (Section 28.3.13 Kalispell
Subdivision Regulations)
_18. Prior to final plat, 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 28.3.01 Kalispell Subdivision Regulations)
19. 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 Kalispell Subdivision Regulations)
20. The Geotech reports shall be updated to reflect any comments from the Public Works and
Building Departments. The updated report would be subject to review and approval by both
departments. Any recommendations in the Geotech report shall be followed. (Section
28.3.10 Kalispell Subdivision Regulations)
21. Geotech information for individual building sites may be required by the Building Department
prior to issuing a building permit for any construction, including, but not limited to, primary
structures, accessory structures, and decks, in order to ensure appropriate soils bearing pressure,
placement of footings, slopes, and other building code requirements pursuant to the IRC or
other applicable code.( Section 28.3.10 Kalispell Subdivision Regulations)
22. A full final grading plan shall be submitted to Public Worlcs and the Planning Department
showing that slopes, building sites, and driveways are in compliance with Sections 28.3.03,
28.3.11(D), and 28.3.11(F) of the subdivision regulations.
23. A noise study and detailed mitigation plans for highway sound mitigation showing compliance
with Section 28.3.09 of the subdivision regulations shall be submitted for review and approval
by the city prior to construction. Any fencing or walls shall be reviewed by the city
Architectural Review Committee pursuant to the PUD approval.
24. Pursuant to Section 28.3.21 of the Kalispell Subdivision Regulations, the following statement
shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm
or corporation, whetherpublic orprivate, providing or offering toprovide 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 Kalispell
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. Maintenance of private roads shall include both short term and long term
maintenance including; but not necessarily limited to, snow plowing, landscaping, sidewalks,
street repairs, overlays, and rebuilds of the street. (Sections 28.3.22 and 28.3.17 Kalispell
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
28.3.14 Kalispell 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. Prior to final plat, a letter from the Kalispell Parks Department shall be submitted showing
that the parkland dedication requirement for this phase has been met. (Section 28.3.22
Kalispell Subdivision Regulations)
30. 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 28.3.17
Kalispell Subdivision Regulations)
31. 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 28.3.25 Kalispell
Subdivision Regulations)
32. Section 28.3.25 of the subdivision regulations requires a waiver of the right to protest a
Special Improvement District ("SID") for roadway improvements in adjacent areas. On the
face of the final plat, there shall be a note stating "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." (Section 28.3.11 Kalispell Subdivision
Regulations)
33. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal. (Section 28.3.21 Kalispell 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. Sections (28.3.02 and 28.3.18 Kalispell Subdivision Regulations)
35. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development. (Sections 28.3.02 and 28.3.18 Kalispell Subdivision
Regulations)
36. At the intersection of Stimson Peak Road and Zenith Drive, the two properties located on
the northeast side of the roadway, identified as Lots 281 and 298, shall not be permitted
driveway access from the collector roadway. (Section 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 2ND DAY OF FEBRUARY, 2026.
ATTEST:
Aim Brunckhorst
City Clerk
Rya Hunter
Mayor
1 %`.�416;6�,�.
x.. SSA
1892 e
'°•?moo ��.
. NT
t�A� � 60o ti
�°o��►esss�`
EXHIBIT "A"
Three Tracts of Land being a Portion of Tract 9 of Certificate of Survey No. 19234, on file and
of record in Flathead County, Montana, situated in Section 13, Township 28 North, Range 22
West, P.M.M., and more particularly described as follows:
Tract 1:
Beginning At The Most Northerly Northeast Comer Of Peak View Loop as shown on the
Subdivision Plat of Mountain View— Phase IA, on file and of record in Flathead County,
Montana; Thence along the perimeter boundary of said Plat of Mountain View - Phase 1A, the
following Thirteen (13) courses:
1) S79-15'34"W, 60.00 Feet
2) S37039'07"W, 7.53 Feet
3) S10-4426"E, 60.00 Feet
4) S53-52'30"E, 6.84 Feet To A Point On A Non -Tangent Curve Concave To The West, Having
A Radius Of 370.00 Feet; a radial through last said point bears S83'22'41 "W
5) Along Said Non -Tangent Curve Through A Central Angle Of 11056'03", An Are Distance Of
77.07 Feet
6) N84'41'17"W, 100.00 Feet
7) Sl 1-23'36"W, 57.21 Feet
8) S23-3Y21 "W, 28.97 Feet
9) S79-15'34"W, 48.16 Feet
10) S 81-13'3 6 " W, 131.37 Feet
11) S87-38'14"W, 131.45 Feet
12) S85-56'44"W, 131.62 Feet
13) N82-22'26"W, 65.74 Feet
Thence N82'22'26"W, 51.45 Feet; Thence N77'14'43"W, 67.78 Feet; Thence N74'1 8'30"W,
67.78 Feet; Thence N71'22'16"W. 67.78 Feet; Thence N68'26'01 "W, 67.78 Feet; Thence
N65-29'47"W, 67.78 Feet; Thence N62'33 )'32"W, 67.78 Feet; Thence N57'41'46"W, 88.54 Feet,
Thence S50'34'28"W, 11.22 Feet; Thence N37'58'18"W, 100.00 Feet To A Point On A Non -
Tangent Curve Concave To The Northwest, Having A Radius Of 380.00 Feet, A Radial From
Last Said Point Bears N' )7'58'18"W; Thence Along Said Non -Tangent Curve Through A Central
Angle Of 3'00'5 1 ", An Arc Distance Of 19.99 Feet; Thence S34'5726"E, 100.00 Feet; Thence
S59'10'08"W, 69.07 Feet; Thence S67'25'15"W, 69.07 Feet; Thence S71'41'01"W, 182.12 Feet;
Thence S60'47'00"W, 50.35 Feet, Thence S47'42'47"W, 54.07 Feet; Thence N44'41'05"W,
100.02 Feet; Thence S44'03'45"W, 161.68 Feet; Thence N45'56'15"W, 60.00 Feet; Thence
N44-03145"E, 81.62 Feet; Thence N45'56'15"W, 131.69 Feet; Thence N48'54'47"E, 139.68
Feet; Thence N56'29'46"E, 77.06 Feet; Thence N65'02'57"E, 76.531 Feet; Thence N73'38'27"E,
71.94 Feet; Thence N76'50'46"E, 66.70 Feet; Thence N68'25'23"E, 69.70 Feet; Thence
N57-37'23"E, 52.3 )3) Feet; Thence N46'00'06"E, 73.58 Feet; Thence S55'33'1 0"E, 110.17 Feet;
Thence N34'28'53"E, 60.00 Feet; Thence N79'26'50"E, 7.07 Feet; Thence N34'26'50"E, 125.00
Feet; Thence S55'33'10"E, 101.57 Feet; Thence 788.68 Feet To A Point On A Tangent Curve
Concave To The North, Having A Radius Of 1,000.00 Feet; Thence Along Said Tangent Curve
Through A Central Angle Of 45'l I'l 6 " An Arc Distance Of 788.68 Feet; Thence N79'1 5'34"E,
260.56 Feet; Thence S10'44'26"E, 125.00 Feet To The Point Of Beginning; Containing 12.47
Acres.
200917 Ph. 2
12-2-2025
2
Tract 2:
Beginning At The Northeast Corner Of Open Space 1 Of The Subdivision Plat Of Mountain
View — Phase 1A, On File And Of Record In Flathead County, Montana; Thence Along The
Perimeter Boundary Of Said Plat Of Mountain View - Phase IA, The Following Six (6) Courses:
1) S73°03'02", 203.16 Feet
2) N29°00'38"E, 99.23 Feet
3) N13°59'05"E, 99.23 Feet
4) N79-11'57"W, 100.00 Feet To A Point On A Non -Tangent Curve Concave To The West,
Having A Radius Of 430.00 Feet; A Radial From Last Said Point Bears N79°11'57"W
5) Along Said Non -Tangent Curve Through A Central Angle Of 2192'30", An Arc Distance Of
161.67 Feet
6) N10°44'26"W, 28.76 Feet
ThenceN79°15'34"E, 160.00 Feet; Thence S10°44'26"E, 367.81 Feet To The Point Of
Beginning; Containing 1.33 Acres.
Tract 3:
Beginning At The Northwest Corner Of Lot 23B Of The Subdivision Plat Of Mountain View —
Phase IA, On File And Of Record In Flathead County, Montana; Thence Along The Perimeter
Boundary Of Said Plat Of Mountain View- Phase IA, The Following Four (4) Courses:
1) S10°27'53"E, 100.00 Feet
2) S79°32'07"W, 78.12
3) N10°27'53"W, 100.00
4) N79°32'07"E, 78.12 To The Point Of Beginning; Containing 0.18 Acres.
The Preliminary Plat of Mountain View — Phase 2 contains a total of 13.98 acres