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I4. Resolution 6305, Creekside Plat ExtensionKALISPELL REPORT TO: Jarod Nygren, City Manager Development Services Department 201 lst Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine FROM: PJ Sorensen, Assistant Development Services Director SUBJECT: Creekside Subdivision— Preliminary Plat extension MEETING DATE: January 5, 2026 BACKGROUND: This is a request by Kalispell Creekside. LLC and Brent Holdings, LLC, to extend the preliminary plat for Creekside Subdivision for two years. The preliminary plat for Creekside was approved April 3, 2023 (Resolution 6126) and contains 24.51 acres with 66 lots (29 detached single-family and 37 attached single-family parent lots, for a total of 103 dwelling units — 29 single family plus 74 townhouse units), along with streets, parks, and open space. The property is located at 1111 Farm -to -Market Road and is more particularly described as Parcels C and D of Certificate of Survey No. 8903 in the Northwest Quarter of the Southwest Quarter of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Condition 2 of the preliminary plat states that "the preliminary plat shall be valid for a period of three years from the date of approval," which is in accordance with 28.2.06(E)(7) of the Kalispell Subdivision Regulations. Accordingly, the expiration date for the plat is April 3, 2026. The subdivision regulations provide for up to two two-year extension requests. This is the first such request. If the extension is not granted, the applicant will be required to go back through the major preliminary plat process prior to final plat approval. RECOMMENDATION: It is recommended that the City Council approve Resolution 6305, a resolution extending the Creekside Subdivision preliminary plat for an additional two years. FISCAL EFFECTS: Positive impacts if approved. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 6305 Extension Request letter Resolution 6126 Preliminary Plat Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO. 6305 A RESOLUTION APPROVING A TWO-YEAR EXTENSION TO THE PRELIMINARY PLAT OF CREEKSIDE SUBDIVISION. WHEREAS, the City Council of the City of Kalispell granted preliminary plat approval for Creekside Subdivision on April 3, 2023; and WHEREAS, the owner, Kalispell Creekside, LLC and developer, Brent Holdings, LLC, have requested a two-year extension to the preliminary plat of Creekside Subdivision due to required improvements which need to be completed; and WHEREAS, good cause exists for the request for extension by Kalispell Creekside, LLC and Brent Holdings, LLC and it is in the best interests of the city that the extension be given. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the application of Kalispell Creekside, LLC, and Brent Holdings, LLC, for a two-year extension of the preliminary plat of Creekside Subdivision, Kalispell, Flathead County, Montana is hereby approved. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5TH DAY OF JANUARY, 2026. Ryan Hunter Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk Morrison engineers surveyors � Maierle planners scientists 12/8/2025 City of Kalispell Development Services Department PJ Sorensen, Esq. 201 1 St Avenue Kalispell, MT 59901 We create solutions that build better communities. Re: Resolution No. 6126 Preliminary Plat Approval for Creekside Subdivision— Request for Extension Dear PJ, On behalf of the Owner, Kalispell Creekside, LLC and Developer, Brent Holdings, LLC, this letter serves as a written request for an extension of Resolution No. 6126 for the conditional approval of the preliminary plat for Creekside Subdivision. This request is submitted in accordance with City of Kalispell Subdivision Regulation 28.2.06.E.7.a.(1): "The owner shall submit a written request for extension to the Planning Department 30 days prior to the expiration date." The current expiration date is April 3, 2026. The project has completed the Municipal Facilities Exclusion process with the City of Kalispell and the Montana Department of Environmental Quality (DEQ). It has received approval for water and sewer main extensions from DEQ, approval from City of Kalispell Public Works, and has undergone Montana Department of Transportation (MDT) review for two approaches. The approach permits were placed on hold pending the construction schedule. Once construction is scheduled, the application will be updated to allow for construction. Additionally, cost estimates have been obtained from two local contractors. However, construction has been delayed due to the required roundabout at the intersection of Farm -to -Market Road and Three -Mile Drive. The roundabout is a condition of approval for Creekside Subdivision, along with two other developments. Coordination among these developments to construct and finance the roundabout has postponed the start of infrastructure work for Creekside. Because final plat approval cannot occur until the roundabout is completed, this improvement has become the priority. Please feel free to contact me directly with any questions or comments about this request. I can be reached at (406) 751-5844 or daoble@m-m.net. Equal Opportunity Employer: 172 Timberwolf Pkwy I Kalispell, MT 59901 1 (406) 752-2216 1 m-m.net minorities, females, disabled, veterans 100% Employee -Owned Resolution No. 6126 Preliminary Plat ■III: Morrison Approval for Creekside Subdivision — Request for Extension Maierle Sincerely, l -• Dominic Goble, P Water/Wastewater Engineer Attachments: MFE Signed Form DEQ Approval Letter City of Kalispell Public Works Approval Letter MDT Summary Letter MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY D,EQ MUNICIPAL FACILITIES EXCLUSION Subdivision Name: Creekside Subdivision Number of lots/parcels/units: /_/103 Geocode: 07-3965-02-3-01-10-0000 (this can be found at http://svc.mt..qov/msl/mtcadastral Are main eXWsions necessary to serve the subdivision?F—]YesF-]No If yes, have plans for the mains been submitted for review?YesF-]No (Plans included with MFE) How will construction of the facilities be financed? Privately funded Owner Information: Owner(s) Name: Brent Holdings, LLC Print name of owner(s) Address: 270 North Jeff Davis Drive, Fayetteville, GA 30214 Signature of all owners of record Street or PO Box, City, State, Zip Code Email. rferry@brentholdings.net Phone: (770) 461-0478 Consultant Information: Company and Address: Morrison-Maierle 172 Timberwolf Parkway, Kalispell, MT 59901 Email: dgoble@m-m.net Phone: (406) 751-5844 Eligibility Requirements: All of the following criteria must be met: ZThe project must be provided with adequate municipal water and sewer, solid waste disposal and the municipality must review storm water plans. ZAll the mains necessary to serve the subdivision must be municipality owned, operated and maintained. Privately owned mains or lift stations make the project ineligible for this exemption. ZThe municipality must be a 1st or 2nd class municipality as described in MCA 7-4-111 or covered under a growth policy pursuant to Title 76, chapter 1. The project must be one of the following (check applicable box): A new division subject to review under the Montana Subdivision and Platting Act, or Previously divided parcels recorded with Sanitary Restrictions prior to July 1, 1973 or Divisions or parcels of land that are exempt from Montana Subdivision and Platting Act review under 76-3-203 or 76-3-207 (1) (a), (b), (d), (e), or (f) Form continues on next page ------- No. Submittal Requirements: All of the following items must be submitted: This form, signed by the property owner, and the municipalities' representative. ❑� Copy of Preliminary Plat, COS, Amended Plat or Unit Declaration or Exemption Certificate. The Plat, COS, Am Plat or Unit Declaration or Exemption Certificate must contain the exemption 76-4-125 (1)(d)(i), (ii) or (iii). If using item (iii), the Plat, COS, Am Plat or Unit Declaration or Exemption Certificate must also contain the appropriate Platting Act exemption Vicinity map showing project location. Applicable zoning ordinances in effect ❑on file I� I Copy of growth policy, if applicable ❑on file Z$120 processing fee Certification: I hereby certify that I am licensed to practice engineering in the State of Montana, I am employed directly or retained by the municipality providing service and am authorized to sign on behalf of the municipality. In addition, I hereby certify that: 1. The existing water and wastewater systems are in compliance with the provisions of Title 75, chapters 5 and 6, and 2. The water and wastewater systems have adequate capacity to meet the needs of the project, and 3. The municipality has or will review plans to ensure adequate storm water drainage and adequate solid waste disposal. (Signature of Professional Engineer) Montana P.E. Number 51140 Send to: MTDEQ Subdivisions PO Box 200901 Helena MT 59620-0901 1 /30/24 (Date Signed) •o►ATAN• ,. • * ' PATRICK JENTZ ' No. 5114D PE t PE Stamp D Aff Vk Montana Department !, of Environmental Quality July 23, 2024 Dominic Goble PE Morrison Mairle 172 Timberwolf Parkway Kalispell MT 59901 Dear Mr. Goble, RE: Creekside Subdivision Municipal Facilities Exclusion EQ# 24-2284 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not subject to review, and the Declaration can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Creekside Subdivision Municipal Facilities Exclusion will consist of 103 Lots. Sincerely, Rachel Clark Engineering Bureau Chief Water Quality Division Department of Environmental Quality (406) 444-127 7 Email rachel.cl.ark24mt. ov cc: City Engineer County Sanitarian file Greg Gianforte, Governor I Sonja Nowakowski, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov RE: City of Kalispell Water and Sewer Main Extensions & Sewage Lift Station to serve Creekside Subdivision Dear Mr. Goble: Final plans and specifications were received June 28, 2024 for the City of Kalispell Water and Sewer Main Extensions & Sewage Lift Station to serve Creekside Subdivision. The design documents were submitted under the seal of Dominic Goble, PE#72242. The submittal was reviewed in accordance with the Department of Environmental Quality design standards in Circular DEQ-1, 2022 edition and Circular DEQ-2 2018 edition. Plans and specifications for this project are hereby approved. One copy of the plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. A second set will be retained for Department records and one set will be mailed to the Flathead County Health Department. The approved project consists of the installation of 4,085 feet of 8-inch AWWA C900 water main, 200 feet of 10-inch HDPE water main, 200 feet of 8-inch HDPE water main, 7 fire hydrants and 91-feet of 6-inch AWWA C900 hydrant leads, and 4,035 feet of 8-inch PVC gravity sewer main,1,466 feet of 4-inch HDPE sewer force main, a sewage lift station, and 29 manholes. Approval is given with the understanding that any deviation from the approved plans and specifications and supporting documentation will be submitted to the Department for review and approval. The project may not be placed into service until the project engineer or designer certifies by letter to the Department that the activated portion of the project was constructed in substantial accordance with the plans and specifications approved by the Department and there are no deviations from the design standards other than those previously approved by the department. Within 90 days after the completion of construction, a complete set of certified "as - built" drawings must be signed and submitted to the Department. It is further understood that construction of this project must be completed within three years of this approval date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. Greg Gianforte, Governor I Sonja Nowakowski, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov Department approval of this project covers only those portions of the plans and specifications that are subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found within the plans and specifications that are outside of the Department's review authority, including but not limited to, electrical work, architecture, site grading or water and sewer service connections. Acceptance of the plans and specifications by the reviewing agency does not relieve the owner or the design engineer of their legal liability for the adequacy of the design. Thank you for your efforts regarding this submittal. If you have any further questions or concerns, please feel free to contact me at (406) 444-7343 or Marc.Golz@mt.gov. Sincerely, Marc Golz, P.E. DEQ Engineering Bureau Enclosures: One set of approved plans & specifications cc: Flathead County Health Department City of Kalispell Public Works w/o File: EQ 24-2283 Greg Gianforte, Governor I Sonja Nowakowski, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov z 0 0 LL U Z CY) _Z � � W � \\ wLU U) C/) � � L: C/) � � 2 v � � ui ` ry §§ C ! «\ o o _ \ I}\ �{\ ,■ . ■�}\ LU \/ EL La - \/ § 0 R§ /[! cl \\ / LA Lu Q / cn § E / > _ / j \ ƒ $ [ + LL IQ ED CL %® \( 3 2 K on - co 0 ~ ) :_- w2 f\§ \ Q cU/ _ \<%\/ _ . z\\\}�E� \ ! \ 2 - . CITY OF KALISPELL September 4, 2025 Dom Goble, P.E. Morrison-Maierle 172 Timberwolf Pkwy Kalispell, MT 59901 Re: Creekside Subdivision Dear Dom: Thank you for your plan submittal. The City of Kalispell has reviewed the plans and supporting documents submitted on 9/4/25 for the above referenced project. This project is hereby approved. Approval does not relieve you from designing, nor the contractor from constructing this project in accordance with the City Standards currently in effect. Any deviations from City of Kalispell Design and Construction Standards or approved plans shall be submitted for review and approval prior to construction. This approval is valid for 18 months from the date of this letter. If more than 18 months lapse before completing the project, plans, reports, and specifications shall be resubmitted and approved before construction continues. Please contact the Public Works Department if you have any questions or need clarification on any items. This approval is for the Public Works Department only and does not necessitate a full City approval. If additional approvals from other City Departments are required, they should continue to be pursued. 201 1' Avenue E Phone (406)758-7720 Po sox 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.com Please contact Matt Gukenberg at 406-758-7776 or m¢uckenberg@kalispell.com to schedule a pre - construction meeting prior to initializing any construction on the site. A Right -of -Way permit and Construction Stormwater Permit must be obtained by the prime contractor for the project and are accessed online on the City's website. At project completion, please provide the city with record drawings meeting the requirements of Section 1.6 of the City Design and Construction Standards. The warranty period will not commence until construction is complete, certified, and accepted and record drawings are received. Sincerely, f 6t h Patrick Jentz, PE Engineer 3 CC: • Matt Guckenberg — City of Kalispell — Construction Manager • Keith Haskins, PE — City of Kalispell — City Engineer Page 2 of 2 CITY OF KALISPELL April 23, 2025 Development Services Attn: PJ Sorensen P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7932 Re: Creekside Subdivision Dear PJ: Kalispell Parks & Recreation 15 Depot Park P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7849 Fax (406) 758-7719 This letter is to serve as a conditional approval of the proposed landscaping plan for the boulevards, park and common areas in Creekside Subdivision, according to designs submitted by Morrison-Mairele. It is agreed that if the project is extended, the developer will be responsible for submitting bonding for the remaining improvements as specified on the submitted plan for Creekside Subdivision. The bond may not be longer than a period of 12 months. Tree plantings are required to meet the Street Tree Ordinance standards of 2 11/4" caliper and have a 4-foot fibrous mulch around them in addition to meeting ISA planting standards. Prior to installation of the trees, the developers landscape contractor is to contact our Parks Superintendent about proper planting protocols and submit a planting permit. Mineral mulch in the boulevards and adjacent to the public way is not permitted. Any landscape revisions or substitutions need to be authorized by Kalispell Parks and Recreation prior to installation. Irrigation systems will need to extend to the furthermost edges of all landscaped areas and provide head -to -head coverage. Any areas with temporary irrigation will need to be underground with no hoses or portable sprinklers used to irrigate and be on a central timer with the rest of the subdivision irrigation. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings at which time any bonding that has been submitted will be released after acceptance of completed landscaping. It should be noted that all trees and landscaping are under a 2-year warranty period, and should they die within this period, the developer will be responsible for replacement. The warranty period will not begin till Kalispell Parks and Recreation accepts all landscaping meeting ISA standards, our landscape ordinance, and our forestry ordinance. If you have any concerns or questions, please give me a call. Sincerely, 0�� Chad Fincher, Parks, and Recreation Director Kalispell Parks and Recreation Summary/Status of Creekside Development approaches and encroachments. Creekside Development (Creekside), also known as 1111 Farm to Market Rd Development is on east side of Farm to Market Rd (S-424) from Reference Post (RP) 2.2 to 2.28. Creekside requested two approaches onto Farm to Market Rd. The City of Kalispell required the development to put in shoulders, curb and gutter, landscaping, pedestrian facilities. The northern approach into the development is full movement, the southern approach is a restricted approach (left-in/right-in/right-out). MDT has a fully executed Maintenance Agreement with the City of Kalispell for of the maintenance of the roadway approaches, lighting, and landscaping within MDT right-of- way. There are no maintenance requirements for the pedestrian facilities as they are not within the MDT right-of-way. The two approach permits applications (8078 and 11223) were placed on hold per the applicant pending the project schedule for construction. Once a schedule is identified the permit application status can be changed to allow for construction. Prior to starting construction within the MDT right-of-way, a Contractor Agreement and bond must be fully executed with the contractor working within MDT right-of-way. The bond was set at $360,000.00. Depending on when the approaches are constructed the bond may increase. Any changes to the layout of the development will need to be reviewed by MDT and could result in additional requirements. RESOLUTION NO.6126 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF CREEKSIDE SUBDIVISION, DESCRIBED AS PARCELS C AND D OF CERTIFICATE OF SURVEY NO.8903 IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Brent Holdings, 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 City Planning Board and Zoning Commission held a public hearing on March 14, 2023 on the proposal and reviewed Subdivision Report #KPP-23-03 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Creekside Subdivision, subject to certain conditions and recommendations; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of April 3, 2023, reviewed the Kalispell Planning Department Report #KPP-23-03, reviewed the recommendations of the Kalispell City Planning Board and Zoning 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-23-03 are hereby adopted as the Findings of Fact of the city council. SECTION 2. That the application of Brent Holdings, LLC for approval of the Preliminary Plat of Creekside Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 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. 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. Access to the storm water facility shall be provided for maintenance purposes. The access shall be at least a 12-foot all-weather surface. 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, 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. 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. 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. 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. 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. 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. 9. 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. 10. There is a lack of capacity in the mains downstream from the subdivision which will be corrected once a connection from Meadows Edge to the Westside Interceptor in Spring Creek Park is completed. Until that connection is made, there is not adequate capacity in the sewer collection system to support the subdivision. Final plat shall not be allowed until the connection is completed. The connection cannot be bonded for under Section 28.8.01(C) of the subdivision regulations. 11. The lift station shown on the plat shall be located within a designated utility lot. The access to the lot needs to be a paved width of 12 feet within a minimum 15-foot access and utility easement (within common area or as an extension of the utility lot connecting to the street). 12. The developer shall submit the street designs to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction. Internal streets shall be built to local street design standards including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter. 13. The two accesses from Farm -to -Market Road have potential issues due to access separation requirements from both Mountain Vista Way and between the two new accesses. Those requirements may necessitate one of the accesses be limited movement. As a state highway, the Montana Department of Transportation will need to review and approve the accesses in addition to the City. If not approved with two accesses (or potentially with one being a limited access), the maximum number of units allowed would be less than 50, provided that the access road is less than 1000 feet in length pursuant to Section 28.3.13 of the subdivision regulations. In that event, the number of lots would have to be reduced to comply with the access standard. Without the second access, the subsequent redesign would require a resubmittal of the subdivision for a new review and approval. 14. Farm -to -Market is designated as a minor arterial in the Transportation Plan and the frontage of the property shall be improved to that standard. Improvements may include, but would not necessarily be limited to, widening travel lanes, pedestrian paths, landscape boulevard, streetlights, and curb/gutter. Dedication of additional right-of-way may be required for the improvements. 15. As a minor arterial, city standards (Sec. 9.1.14 of the Standards for Design and Construction) would not allow individual driveway accesses onto Farm -to -Market. A note shall be placed on the face of the final plat indicating that those driveways would not be allowed. 16. Alleys included within the plat shall be maintained as private alleys with public utility easements. Under Sec 28.3.15, the townhomes cannot have access onto the street due to their width and the access shall only be from the alley. A note shall be placed on the face of the final plat to that effect. 17. 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." 18. While the Traffic Impact Study ("TIS") concluded that there was not a decrease in service and no capacity improvements are required to accommodate this development, there are several updates to the TIS which should be completed to confirm that conclusion. An updated TIS shall be submitted to the City. If upon further review by the City of Kalispell Public Works Department any mitigation is necessary to maintain levels of service, that mitigation will be required prior to final plat. 19. The recommendations in the Geotech report shall be followed. In addition, individual building sites should each have a separate, site -specific geotechnical evaluation prior to issuance of a building permit. A note to that effect shall be placed on the face of the plat. 20. The final grading plan is subject to review and approval by the Public Works Department. 21. The developer shall secure the appropriate permitting from the Corps of Engineers, the Conservation District, and any other applicable agency for any work that may impact the wetlands or stream on the northern portion of the property. 22. Under Section 28.3.06 of the subdivision regulations, the development shall maintain a minimum 100-foot setback from wetlands to any proposed lot boundaries. Under Section 28.3.07, the development shall limit uses within the 50-foot setback from the stream. 23. 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. 24. 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. 25. 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 26. 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. 27. 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 any private roads and alleys 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. 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. 29. 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. The approved landscape plan shall be implemented or a cash -in -lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 30. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat. A connection from the east end of the 10-foot-wide multiuse path to the sidewalk on Fayette Loop shall be added. 31. 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. 32. 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. 33. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 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. 35. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 36. The westernmost alley located between Lots 30A/B through 34A/B and Lots 35A/b through 39A/B shall be a minimum 20 feet wide with a minimum paved width of 20 feet to provide for fire access. As a private alley, the covenants shall require that the alley be free of parked vehicles and other obstacles. 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 3RD DAY OF APRIL 2023. ``II111MLII.,Mark Johnson ATTEST: �- k �or O P�� �Q-T�`•,� Aimibe Brunckhorst, CMC =1� 1a92 Q; City Clerk _ oV N _ Z I o/ a oJ� 1 I I I 0 w w I" 9 mo xg 'O'HHOaOxwg � HOHii I� I � I of IIN.IN�II.mloll il���l L=—J atoll i n lo I _ I"Ilmi I � I / g o a if — —�I - 1 � I � ° �mo�l��lmllr§I$Ilol�ll^I I I � I I { I I �I!g��g�g�l I I VE 9 L_ —� a — I _ r — I I I I ICI IIs� Im I � �_o�lmo9�1mo 9 I � m mJ