09. Resolution 5219 - Preliminary Plat - Ashley Heights LLCRESOLUTION NO.5219
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF ASHLEY
HEIGHTS, MORE PARTICULARLY DESCRIBED AS A PORTION OF TRACT 10 LYING
WITHIN GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA.
WHEREAS, Ashley Heights, 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 July
101 2007 on the proposal and reviewed Subdivision Report #KPP-07--7, issued by the
Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of
the Preliminary Plat of Ashley Heights subject to certain conditions and
recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of August 6, 2007,
reviewed the Kalispell Planning Department Report #KPP-07-7, 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 I. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-07-7 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Ashley Heights, LLC for approval of the Preliminary Plat
of Ashley Heights Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
General Conditions:
1. That the development of the site shall be in substantial compliance with the application submitted,
materials and other specifications as well as any additional conditions associated with the preliminary
plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C —Final Plat)
2. The preliminary plat approval shall be valid for a period of three years from the date of approval.
(Kalispell Subdivision Regulations, Section 2.04).
3. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved and
issued from the Kalispell Public Works Department. In accordance with ordinance 1600, the permit
shall include a permit application, site map, narrative describing the best management practices to be
used and a completed checklist. In addition to the City Stormwater Management Permit the developer
shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent
(NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project
engineer shall certify that the development is in compliance with the approved City Stormwater
Management Permit. (Ordinance 1600 and Findings of Fact Section Q
Prior to final flat:
4. A noise study shall be completed prior to the final plat approval. The noise study shall show how a
noise level of 60 dBA at the western property boundary of the subdivision can be achieved. The
proposed mitigation measures contained in the noise study shall be reviewed and approved by city
staff and implemented prior to final plat approval.
Note: This condition may result in the loss of one or more of the proposed lots shown on the
preliminary plat. Reasonable bike and pedestrian access shall be provided from the subdivision site to
the bike path located along the future highway bypass and not be impaired by sound mitigation
measures chosen. (Findings of Fact Section A)
5. A letter from the Montana Department of Transportation shall be provided stating that the bypass
right-of-way shown on the preliminary plat is adequate for the construction of the future highway
bypass.
Note: The location of the highway bypass right-of-way may effect the western boundary line of the
proposed subdivision, which may in turn effect the number of proposed lots. (Findings of Fact
Section D)
6. 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 and Montana Public Works
Standards and shall be certified in writing by an engineer licensed in the State of Montana. The new
infrastructure includes the internal access roadway serving the lots within the subdivision and the
approximately 110 feet of frontage along Sunnyside Drive. 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. (Kalispell Design and Construction Standards, project proposal)
7. Water and sewer main extensions shall be designed and constructed in accordance with the City of
Kalispell's Standards for Design and Construction and Montana Public Works Standards. 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 as designed and approved. (Kalispell Design
and Construction Standards)
8. The developer shall submit to the Kalispell Public Works Department for review and approval, a
stormwater 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. (Kalispell Design and Construction Standards)
9. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for
unfinished work. (Kalispell Design and Construction Standards)
10. An additional 60-foot wide public road and utility easement shall be dedicated to the City of Kalispell
on the south end of lot 3 from the edge of the road right-of-way of the internal city street east to the
eastern boundary of the subdivision site. (Findings of Fact Section D)
11. An additional 10-feet of road right-of-way shall be dedicated to the City of Kalispell for the area
adjacent to Sunnyside Drive requesting annexation. This length is approximately 780 feet of frontage
as shown on the preliminary plat. (Findings of Fact Section D)
12. The developer shall clarify the purpose of the 60-foot private road and utility easement located on the
eastern portion of lot 4 and determine whether lot 4 can legally use the portion of the easement. If lot
4 cannot legally use the easement, they shall either terminate that portion of the easement or otherwise
place a barrier fence, minimum of 4 feet high, along the property boundaries of lot 4 within the
easement to prohibit use of the easement to access the eastern portion of lot 4. (Findings of Fact
Section A)
13. The following requirements shall be met per the Kalispell Fire Department and so certified in writing
by the 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 International Fire Code
(2003) Appendix B.
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 International Fire Code (2003)
Chapter 5.
d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in
accordance with City of Kalispell Ordinance 10-5.
e. Street naming shall be approved by the fire department.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking
fire lane."
14. A letter shall be obtained from the Kalispell 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. The approved landscape plan shall be implemented or a cash in lieu payment
for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation
Department. (Kalispell Subdivision Regulations, Section 3.11)
15. A. bike/pedestrian right-of-way, 15-feet wide, shall be shown on the final plat in the area of lots 20 and
21 and within the park area.
a. A bike/pedestrian path shall be constructed from the edge of the sidewalks along the internal
subdivision road and extend west to the western boundary of the subdivision and are ultimately
intended to connect to the bike path adjacent to the Highway 93 bypass.
b. The bike/pedestrian path shall be a minimum width of 10 feet (asphalt) or 8-feet (concrete).
c. The bike/pedestrian path shall be included in the infrastructure plans reviewed by the Public
Works Department. (Findings of Fact Section H and Kalispell Subdivision Regulations Section
3.07.D)
16. The parkland dedication requirements shall be met by a combination ofpazkland dedication and payment
of cash in lieu of parkland equal to 0.71 acres of land. The parkland shall be a minimum of 0.198 acres
(8,624 square feet) in the area shown on the preliminary plat. The remaining 0.512 acres shall be in
the form of improvements to the subdivision park such as an irrigation system, grass seeding and tot
lot play equipment with any remaining money put into improvements at existing parks in the area.
The ultimate improvement design of the park would be reviewed and approved by the Parks and
Recreation Department. The 0.512 acres of cash in lieu payment shall be based on the fair market value
of undivided, unimproved land.
Note: The bike/pedestrian path will not count towards the overall park improvements due to the fact
that a bike/pedestrian path is needed in this area of the subdivision to break up the excessively long
block length. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Sections D and
H).
17. The road 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. A letter shall be obtained from the Kalispell
Public Works Department stating the naming and addressing on the final plat have been reviewed and
approved. (Kalispell Subdivision Regulations, Section 3.09)
18. 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. (Kalispell Subdivision Regulations,
Section 3.18)
19. Prior to filing the final plat a letter from the US Postal Service shall be included stating 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. 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. (Kalispell
Subdivision Regulations, Section 3.22)
20. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does
not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
3.09(L))
21. 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
(Kalispell Subdivision Regulations, Section 3.18(E))
22. A homeowners association for the subdivision shall be created that includes a provision for the
maintenance of the bike paths, stormwater facilities, parkland, noise mitigation (i.e. sound wall or
earth berm) and the open space areas within the subdivision. The maintenance provisions in the
homeowners association shall include mowing or trimming the grasses within the common area to
reduce the fire hazard and spread of noxious weeds. (Findings of Fact Sections A, C, D and H)
23. The following note shall be placed on the final plat: "Property owner(s) are responsible for the
boulevard strip for the length of their property boundaries. Responsibilities include watering and
mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is
prohibited unless approved by the Kalispell Department of Parks and Recreation."
24. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to
protest the creation of a special improvement district for road upgrades in the area to City standards
which are impacted by this subdivision." (Findings of Fact Section D)
25. Lot 5 shall be reconfigured to be brought into compliance with section 3.06.G of the subdivision
regulations. (Kalispell Subdivision Regulations, Section 3.06(G) and Findings of Fact Section H)
26. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed
prior to final plat approval. (Findings of Fact Section A)
On oing conditions:
27. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17)
28. All areas disturbed during development shall be re -vegetated with a weed --free mix immediately after
development.
29. A park maintenance district shall be formed incorporating all the lots within the Ashley Heights
subdivision. The park maintenance district shall not be effective until such time as any open space or
parks are accepted by the city in which case the taxes levied within the maintenance district shall be
determined by the Parks and Recreation Department with approvals by the Kalispell City Council.
SECTION III. 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 AUGUST, 2007.
Pamela B . Kennedy
Mayor
ATTEST:
Theresa White
City Clerk