Resolution 4906 - Preliminary Plat - Bowser Creek EstatesRESOLUTION NO.4906
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF BOWSER
CREEK ESTATES, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACT 2
LOCATED IN SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M, FLATHEAD
COUNTY, MONTANA.
WHEREAS, Russell J. Purdy, 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 June
9, 2004, on the proposal and reviewed Subdivision Report #KPP-04-8 issued by the Tri-
City Planning Office, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of
the Preliminary Plat of Bowser Creek Estates, subject to certain conditions and
recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 6, 2004,
reviewed the Tri-City Planning Office Report #KPP-04-8, 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:
SECTIONI. That the Findings of Fact contained in Tri-City Planning Office Report #KPP-04-
8 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Russell J. Purdy for approval of the Preliminary Plat of
Bowser Creek Estates, Kalispell, Flathead County, Montana is hereby approved
subject to the following conditions:
That the development of the site shall be in substantial compliance with application submitted, the
site plan, materials and other specifications as well as any additional conditions associated with the
PUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat)
That covenants, conditions, and restrictions for the subdivision shall be amended to reflect the
components of this subdivision and submitted for review and approval by the Kalispell Site
Development Review Committee that includes architectural standards for both the residential and
commercial components of the project, a provision for the conservation and maintenance of
common areas and the private internal roadways that are proposed for the townhouses. Setbacks for
the townhouses accessed via an interior street shall be measured from the edge of the roadway and
shall be 20 feet in the front and rear and five feet on the sides with the exception of the zero lot line
required to achieve the townhouse configuration. The covenants, conditions and restrictions shall
also create a provision for architectural review prior to the application and issuance of a building
permit from the City of Kalispell. (Site Development Review Committee)
3. The commercial component of the subdivision shall not be developed until a minimum of 50 percent
of the subdivision has been occupied by the residents. Additionally, the architecture shall be of a
generally residential character with particular attention given to internal access, low level lighting,
adequate landscaping, unobtrusive signage and limited hours of evening operation. The commercial
component may contain one or more parcels but may not exceed one acre in size. (Site Development
Review Committee)
4. That the development of lots in the PUD shall be subject to architectural review as outlined in the
application and supporting materials and a letter be submitted to the Kalispell Site Development
Review Committee from the Architectural Review Committee of the homeowners association prior
to the issuance of a building permit. (Site Development Review Committee)
S. That permits be obtained from the Flathead Conservation District, Montana Department of Natural
Resources and the Montana Department of Environmental Quality for work done along the Spring
Creek Channel or a letter from those agencies stating that the scope of work does not require
permitting. (FCCD 1 DNRC)
6. That the plans and specifications for all public infrastructure be designed and installed in accordance
with the Kalispell Design and Construction Standards and the Kalispell Subdivision Regulations. A
letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public
Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01).
7. That an easement shall be obtained from the adjoining property owner to the east granting the right
to develop the proposed 60 foot right-of-way for road and utility purposes and once completed
dedicated to the City of Kalispell as a public roadway. (Kalispell Subdivision Regulations, Section
3.08 (A)).
8. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the
subdivision that would include a bike and pedestrian trail and buffering in the form of berming or
landscaping or both. These improvements are to be coordinated with the Kalispell Public Works
Department, Parks and Recreation Department, Flathead County Road Department and Montana
Department of Transportation. MDOT shall determine other impacts on Three Mile Drive resulting
from this development and the property owner shall comply with all requirements of the Department
to mitigate such impacts.
9. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision
Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City specifications at
approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997)
Appendix III -A.
b. Fire hydrants shall be provided per City specifications at locations approved by this department,
prior to combustible construction.
c. Fire Department access shall be provided in accordance with Uniform Fire Code (1997) Article
9.
d. Secondary emergency vehicle access shall be provided at Phase IV meet the requirements of the
Subdivision Regulations (Section 3.08) and emergency vehicle access needs.
e. Due to project phasing it should be noted that hazardous weed abatement will be required in
accordance with City of Kalispell Ordinance 10-8.
10. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape
plan for the placement of trees and landscaping materials within the five foot landscape boulevard
developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11).
11. That the area designated on the plat as "park" shall meet the requirements for parkland dedication
and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation
Director that provides recreational amenities including but not limited to pedestrian access,
irrigation, landscaping and play equipment so as to provide a recreational component within the
development and not simply left as passive open space. (Kalispell Subdivision Regulations, Section
3.19).
12. That a provision be made for right-of-ways within the development that will allow for the extension
of the proposed roadway so that they will provide future access to adjoining properties to the east.
(Kalispell Subdivision Regulations, Section. 3.04).
13. That a detailed floodplain study be completed and accepted by FEMA determining the base flood
elevation for the floodplain area within the subdivision. No lots that are within 100 feet of the 100
year floodplain as currently indicated on the FIRM panels shall be platted prior to the completion
and acceptance of the study area.
14. That a floodplain development permit be obtained from the City of Kalispell after the FEMA study
has been completed and accepted for the proposed creek crossing.
15. Structures be setback a minimum of 20 feet from the established vegetation line of the creek if these
areas are determined to be outside the 100 year floodplain.
16. That Lots 14A and B, 15A and B, 16A and B be reconfigured to accommodate single family
dwellings.
17. That a letter be obtained from the Montana Department of Transportation and Flathead County
Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market Road)
have been reviewed and approved and any associated and necessary improvements have been
satisfactorily completed. (MDOT)
18. That a 60 foot right-of-way reservation be noted on the final place in the area of lots 24, 25 or 26
Phase 2 to provide ingress and egress to the adjoining parcel to the west and to avoid the potential
for an additional future access onto Three Mile Drive.
19. The roads within the subdivision shall be named and signed in accordance with the policies of the
Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject
to review and approval of the Kalispell Fire Department. (Kalispell Subdivision Regulations,
Section 3.09).
20. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
21. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude
unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)).
22. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
23. A landscape buffer consisting of a coniferous vegetative screen that height of six feet within three
years of planting be established on the southern boundary of the development (lots 65-73. (Kalispell
Planning Board)
24. Setbacks for the townhouses will be established at five feet between the property boundary and the
eave of the building while the setbacks for the single family homes will be established at ten feet
between the property boundary and the eave of the building. (Kalispell Planning Board)
25. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed
prior to final plat submittal.
26. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free
mix immediately after development.
27. That a development agreement be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed, shall
constitute the Planned Unit Development (PUD) zoning for the site.
28. That preliminary plat approval for the first phase of the planned unit development shall be valid for
a period of three years from the date of approval with an automatic two-year extension as each
phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations,
Section 2.04).
29. The landowner shall execute and submit to the City of Kalispell a waiver of right to protest the
implementation of an SID for roadway improvements that benefit the property. This waiver shall be
disclosed upon the face of the preliminary plat and shall run with the land.
SECTION ITI. 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 6TH DAY OF JULY, 2004.
Panrela B. Kenn6dy
Mayor
ATTEST:
Theresa White
City Clerk