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Resolution 6312 - Preliminary Plat - Starling Ph 5 & 6RESOLUTION NO.6312 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF STARLING SUBDIVISION PHASES 5 AND 6, DESCRIBED AS A TRACT OF LAND LYING IN THE SOUTH HALF OF THE NORTHEAST QUARTER AND IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A. WHEREAS, Starling Development, LLC, the applicant for the certain real property described above, has petitioned for approval of the Subdivision Plat of Starling Subdivision Phases 5 and 6; and WHEREAS, the Kalispell City Planning Commission held apublic hearing on February 10, 2026, on the proposal and reviewed Subdivision Report #KPP-25-07 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Commission has recommended approval of the Preliminary Plat of Starling Subdivision Phases 5 and 6 subject to certain conditions and recommendations; and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of March 2, 2026, reviewed the Kalispell Planning Department Report #KPP-25-07, 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-25-07 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of Starling Development, LLC for approval of the Preliminary Plat of Starling Subdivision Phases 5 and 6, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: All applicable conditions within Starling Phases 1-8 Planned Unit Development (Ordinance 1865) shall apply. 2. 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. 3. 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) 4. 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. (Starling PUD condition) 5. 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) 6. 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) 7. 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) 8. 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) 9. 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) 10. Any water rights associated with the property shall be transferred to the City of Kalispell per Section 28.3.08 of the subdivision regulations. The water rights shall be allocated proportionally for each phase of the development prior to final plat. 11. 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, except as provided in the PUD deviations. 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) 12. Any lot adjacent to an alley shall access the home from the alley rather than the street, A note shall be placed on the final plat to that effect. (Starling PUD condition) 13. Internal streets shall be built to local and collector design standards (the collector shall be the extension of Timberwolf Parkway) pursuant to the Standards for Design and Construction including, but not limited to, sidewalks, landscape boulevard, street lights, and curb/gutter, except as provided in the PUD deviations. (Section 28.3.14, Subdivision Regulations) 14. The woonerf street design was included as a deviation in the PUD. As a non-standard design, the woonerfs are required to be maintained as private streets. (Starling PUD condition) _ 15. Temporary turnarounds, along with temporary snow fences as appropriate, will be required as part of the final design until such time as a connection is made in any dead-end location with the potential to be extended in the future. (Section 28.3.14, Subdivision Regulations) 16. Alleys shall be maintained as private alleys. (Starling PUD condition) 17. Prior to final plat, all mitigation recommended as part of the approved traffic impact study relative to the given phase shall be completed. All improvements shall be reviewed and approved by the Public Works Department. Per the city Standards for Design and Construction, the development shall maintain or improve the existing level of service for the affected roadways rather than simply maintaining an acceptable level of service. Any improvements necessary to maintain the existing level of service will be required. Prior to final plat, either a stamped memo or an updated TIS shall be provided. (Section 28.3.14, Subdivision Regulations) 18. A note shall be placed on the final plat waiving protest of an SID for the roundabout construction at the intersection of Timberwolf Parkway and Stillwater Road that would apply to any lots within the development. (Section 28.3.14, Subdivision Regulations) 19. 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) 20. 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) 21. Pursuant to 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 22. 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) 23. 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 ofthe storm drainage facilities, the association will be required to mow the area to reduce fire hazard and reduce spread of noxious weeds. Maintenance of 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. (Section 28.3.17 & 22, 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. (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. The approved landscape plan shall be implemented or appropriately bonded for. (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 and the plan shall show that the parkland dedication requirement is met for each phase. (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 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) 32. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. (Section 28.3.02, Subdivision Regulations) 33. A snow management plan, including the installation of snow fencing where necessary, shall be evaluated and addressed during the engineering review process and approved by the Kalispell Public Works Department to ensure safe winter roadway operations and emergency access. (Ref: §28.3.21, Kalispell Subdivision Regulations; Kalispell Standards for Design and Construction) 34. Prior to final plat approval and/or engineering plan approval, the applicant shall submit either an updated Traffic Impact Study or a sealed reliance or cover memorandum prepared by a qualified traffic engineer confirming that previously prepared traffic analyses remain valid and applicable to Starling Subdivision Phases 5 and 6, consistent with City of Kalispell Traffic Impact Study standards. (Ref: City of Kalispell Transportation Impact Study Guidelines and Standards) 35. Prior to final plat approval, the applicant shall submit a Traffic Impact Study (TIS)update or a sealed reliance or cover memorandum prepared by a licensed traffic engineer confirming that the approved Traffic Impact Study remains valid for Starling Subdivision Phases 5 and 6.The TIS identifies a projected level of service (LOS) reduction at the Stillwater Road / Four Mile Drive intersection at future conditions. This LOS impact may be satisfied by previously approved traffic mitigation associated with the Infinity Apartments development, which includes litigation -approved improvements anticipating all -way stop control at the Stillwater Road / Four Mile Drive intersection. Prior to final plat approval, verification shall be provided demonstrating that the identified mitigation is approved and legally obligated. If the mitigation is modified or not implemented, an updated traffic analysis and mitigation plan shall be submitted for review and approval by the City of Kalispell Public Works Department. (Ref: City of Kalispell Transportation Impact Study Guidelines and Standards; §28.3.21, Kalispell Subdivision Regulations) 36. Where phased construction results in temporary dead-end street conditions, roadway limits shall be extended and approved temporary turnarounds shall be constructed and maintained in accordance with the City of Kalispell Standards for Design and Construction and applicable Fire Code requirements until permanent street connectivity is achieved.(Ref: §§28.3.14 and 28.3.21, Kalispell Subdivision Regulations; Kalispell Standards for Design and Construction) 37. Mid -block pedestrian crossings, if proposed, shall be reviewed and approved by the Kalispell Public Works Department. If approved, such crossings shall be designed to include any additional traffic control measures deemed necessary by Public Works to ensure pedestrian and vehicular safety, in accordance with City standards. (Ref: § §28.3.14 and 28.3.25, Kalispell Subdivision Regulations; City of Kalispell Standards for Design and Construction) 3 8. Development of Starling Subdivision Phases 5 and 6 shall occur in a manner that ensures all lots have legal public street access and adequate emergency access at all times. If Phases 5 and 6 are constructed independently or in a sequence that results in incomplete internal street connections, no lots dependent on future phase roadway improvements for access shall be developed or issued building permits until such roadway improvements are constructed and accepted by the City. Temporary access limitations and required turnarounds shall be addressed through the engineering review process and approved by the City of Kalispell to ensure compliance with City standards and Fire Code requirements. (Ref. §§ 28.3.14 and 28.3.21, Kalispell Subdivision Regulations) 39. Pursuant to Section 28.3.10 of the subdivision regulations, the recommendations in the Geotech reports and supporting memorandum shall be followed, including providing additional specific Geotech reports for the subject property, which are to be reviewed and accepted by the City of Kalispell prior to construction. Prior to final engineering approval the applicant shall submit either: a) A site -specific geotechnical investigation for Starling Subdivision Phases 5 and 6, or b) A sealed reliance or cover memorandum prepared by a licensed professional engineer, confirming that the January 2022 TD&H Engineering geotechnical report remains applicable to the proposed development area and scope. 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 MARCH, 2026. ATTEST: Aimle Brunckhorst City Clerk Z'.7 A - Rya ureter Mayor EXHIBIT A LEGAL DESCRIPTION STARLING SUBDIVISION PHASES 5 & 6 A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTH HALF OF THE NORTHEAST QUARTER AND IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35, WHICH IS A FOUND IRON PIN; THENCE ALONG THE SOUTH BOUNDARY OF SAID SW1/4NE1/4 S89046'57"W 48.81 FEET TO A FOUND IRON PIN; THENCE N00002'44"W 851.56 FEET TO A FOUND IRON PIN; THENCE N89057'16"E 394.00 FEET; THENCE S00002'44"E 338.23 FEET; THENCE N89057'16"E 57.06 FEET; THENCE S00002'44"E 325.00 FEET; THENCE S89057'16"W 40.56 FEET; THENCE S00002'44"E 106.50 FEET; THENCE N89057'16"E 96.56 FEET TO A FOUND IRON PIN ON THE NORTHERLY RIGHT- OF-WAY OF A 60 FOOT CITY STREET KNOWN AS AUGUST WAY; THENCE S00002'44"E 60.00 FEET TO A FOUND IRON PIN ON THE SOUTHERLY RIGHT- OF-WAY OF SAID AUGUST WAY AND THE POINT OF CURVATURE OF A 20.00 FOOT RADIUS NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY (RADIAL BEARING N89°5 7' 16"E); THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG THE WESTERLY RIGHT- OF-WAY OF A 60 FOOT CITY STREET KNOWN AS JERSEY WAY THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC LENGTH OF 31.42 FEET TO A FOUND IRON PIN; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S00002'44"E 380.00 FEET TO A FOUND IRON PIN; THENCE S89"57'16"W 317.06 FEET TO A FOUND IRON PIN; THENCE S85011'27"W 60.21 FEET TO A FOUND IRON PIN; THENCE S89057' 16"W 99.95 FEET TO A FOUND IRON PIN ON THE WEST BOUNDARY OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE ALONG SAID WEST BOUNDARY N00°13'50"W 383.31 FEET TO THE POINT OF BEGINNING; CONTAINING 12.550 ACRES, MORE OR LESS; SUBJECT TO AND TOGETHER WITH ALL APPURTENANT EASEMENTS SHOWN AND OF RECORD.