Resolution 5169 - Preliminary Plat - Silverbrook Estates Phase 1RESOLUTION NO.5169
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
SILVERBROOK ESTATES SI.UBDIVISION PRASE 1, MORE PARTICULARLY
DESCRIBED AS TRACTS 1, 2 AND 3AA WITHIN THE NORTHEAST QUARTER OF
SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA.
WHEREAS, 93 & Church 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
November 14, 2006 on the proposal and reviewed Subdivision Report #KPP-06-13
issued by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Silverbrook Estates Subdivision Phase 1 subject
to certain conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of December
4, 200b, reviewed the Kalispell Planning Department Report #KPP-06-13, 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
ALISPELL, MONTANA AS FOLLOWS:
SECTION I, That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-06-13 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of 93 & Church LLC for approval of the Preliminary Plat
of Silverbrook Estates Subdivision Phase 1, Kalispell, Flathead County,
Montana is hereby approved subject to the following conditions:
PUD Conditions
1. The Planned Unit Development for Silverbrook Estates allows the following deviations from
the Kalispell Subdivision Regulations and the Kalispell Zoning ordinance:
A. Kalispell Subdivision Regulations, Section 3.07, B (Blocks) to allow blocks to exceed
the 1,200 foot maximum length.
B. Kalispell Subdivision. Regulations, Section 3.11, A (Sidewalks), allowing a sidewalk on
only one side of Diamond Peak Loop, a roadway serving the neighborhood commercial
area of the project. A sidewalk shall not be required around the green space 'n the interior
of the loop as shown on road section C dated October 2, 2006 with the location of
Diamond Peak Loop shown on the Silverbrook Estates Roads and Trails map dated
October 2, 2006.
C. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Minimum yard setbacks in the R-4
zoning district), allows minimum setbacks of 10-feet for front and side corner property
boundaries for a dwelling unit. Garages shall be setback a minimum of 20-feet from front
and side corner property boundaries.
D. Kalispell Zoning Ordinance, Section 27.22.090 (Fences, Walls and Hedges), allowing
fences 48 inches tall within or bounding the front setback area in all areas of the
proposed subdivision. This only applies to fences and in no case shall the fence be solid.
E. Kalispell Zoning Ordinance, Section 27.13.040 (3) (Minimum yard setbacks in the B-1
zoning district), allowing a 5-foot setback to the front and rear property boundaries.
F. Kalispell Zoning Ordinance, Section 27.13.040 (5) (Permitted lot coverage in the B-1
zoning district), allowing the permitted lot coverage of 100%.
O. Kalispell Zoning Ordinance, Section 27.26.040 (5) (Joint use of parking facilities),
allowing the creation of the "Silverbrook Estates Parking Regulation, Management Plan
and Ordinance" to provide for direction in the planning and design of all parking
facilities within the B-1 zoning district of the subdivision.
H. Kalispell Zoning Ordinance, Section 27.27.020 (1) — (6) (standards for loading berths),
allowing deviations in the design standards for loading berths.
2. The development of the 325 acre site shall substantially comply with the following maps and
elevations submitted as part of the Planned Unit Development application:
A. Silverbrook Estates Conceptual Site Plan
B. Silverbrook Estates Land Use Map dated October 2, 2006
C. Silverbrook Estates Proposed Zoning Map dated October 2, 2006
D. Silverbrook Estates Roads and Trails Map dated October 2, 2006
E. Silverbrook Estates Road Sections A-H dated October 2, 2006
F. Silverbrook Estates Trail Types A-C dated October 2, 2006
O. Silverbrook Estates Architectural Elevations for the Subdivision Main Entrance dated
October 2, 2006
H. Silverbrook Estates Development Phasing Plan dated October 2, 2006
3. Final approval of all standards within the Silverbrook Estates Parking Regulation,
Management Plan and Ordinance shall be approved by the City of Kalispell. The standards
shall be approved prior to any final plat approval for the commercial area.
4. Pedestrian pathways shall be located either midway on blocks exceeding 1,200 feet in length
or in the area of the black exceeding 1,200 feet which would provide the best connectivity to
surrounding streets or pedestrian/bike paths. The pathways shall be located within a 20-foot
wide easement with the path width and construction standards determined by the Parks and
Recreation Department. The pathway easements shall be shown on the final plat and the path
shall be constructed or bonded for to the approved width and construction standards prior
final plat approval.
5. The minimum landscaping and screening requirements for commercial B-1 parking areas
shall be 10%. Furthermore, at the time the owners apply for Phase H of the subdivision plat, a
preliminary parking lot layout plan and landscaping plan shall be submitted. The plan shall
show how the minimum 10% landscaping requirement is being accomplished.
6. The Silverbrook Estates Parking Regulation, Management Plan and Ordinance be amended
to incorporate the use of pedestrian walkways within the parking areas to provide for needed
connectivity between the commercial buildings and the sidewalk or bicycle pathways
surrounding the commercial area. Pedestrian walkways shall be included in the preliminary
parking layout plan referenced in condition 5.
7. 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 unposed,
shall constitute the Planned Unit Development (PUD) zoning for the site.
Siiverbrook Estates Subdivision Phase 1 Conditions
General Conditions:
S. That 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. (Kalispell
Subdivision Regulations, Appendix C -- Final Plat)
9. The preliminary plat approval for phase 1 shall be valid for a period of three years from the
date of approval. (Kalispell Subdivision Regulations, Section 2.04).
Prior to finalplat:
10. 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. 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)
11. 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)
12. 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)
13. 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
Stormwater Discharge Associated with Construction Activities. (Kalispell Design and
Construction Standards)
14. 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)
1.5. The developer shall contact the Army Corps of Engineers to obtain any necessary permits
from the Army Corps for the crossing of the wetlands by Silverbrook Drive. Any mitigation
required as part of the permit shall be included in the approval of the road construction plans.
Such mitigation required for the road crossing shall be completed to the satisfaction of the
Army Corps of Engineers prior to final plat and the Army Corps of Engineers shall so certify
this in writing to the city. (Findings of Fact, Section C, Wetlands)
16. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for Silverbrook Drive. If any improvements are necessary at this
intersection, these improvements shall be completed to the satisfaction of the MDT prior to
final plat and MDT shall so certify this in writing to the city. (Findings of Fact, Section D,
Roads)
17. 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 10-8.
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 a fire
lane.
18. A 12-foot meandering berm shall be constructed within the proposed buffer along Phase 1.
The berm shall be landscaped with the landscaping plan reviewed and approved by the Parks
and Recreation Department. (Findings of Fact, Section A, Noise)
19. The pedestrian/bike path plan shall be reviewed by the Flathead Conservation District in
order for the District to determine if any permits are required. If a permit is required, the
developer shall submit a 310 application to the Flathead Conservation District prior to any
construction of the pedestrian/bike path. (Findings of Fact, Section D, Parks and Open
Space)
20. 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).
21. The area designated on the plat as "park" will meet the parkland dedication requirements
provided that it is developed to create a recreational amenity within the subdivision. Those
park improvements shall be addressed in accordance with a plan approved by the Kalispell
Parks and Recreation Director so as to provide a recreational component within the
development and, at a minimum, the park improvements shall equal 9.6 acres of land. A
letter from the Kalispell Parks and Recreation Department shall be provided at the time of
final plat that outlines the improvements and confirms those improvements have been made.
(Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact, Section D, Parks and
Open Space)
22. A pedestrian/ bike path plan shall be provided to the Parks and Recreation Department which
includes the pathway width and construction materials for the paths located throughout phase
1. Specifications for the bike path construction will be determined by the Parks and
Recreation Department with recommendations provided by the Flathead Conservation
District in areas where the path required a 310 permit as required in condition 19. (Findings
of Fact, Section D, Parks and open Space)
23. The developer shall obtain a permit from the Flathead County Road Department for access
onto Church Drive. A letter from the Flathead County Road Department shall be submitted
along with the final plat stating that all improvements at the intersection of Church Drive and
Silverbrook Drive have been completed or bonded for. (Findings of Fact, Section D, Roads)
24. The following note shall be placed on the final plat. "Construction of homes on lots 1-15 of
Block 1 and 1-11 of Block 2 shall utilize sound -absorbent materials along the side of the
house facing the highway bypass. (Findings of Fact, Section A, Noise)
25. 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 and placement of any other kind of materials is prohibited unless approved by the
Kalispell Department of Parks and Recreation."
26. 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 to Church
Drive." (Findings of Fact, Section D, Roads)
27. The following note shall be placed on the final plat: `This subdivision is located in an
agricultural area and potential nuisances such as noise, dust, odors, and irregular hours of
operation are to be expected. As such, the right to farm on adjoining properties shall not be
restricted as a result of the development or occupancy of this subdivision." (Findings of Fact,
Section E)
28. The following note shall be placed on the final plat: "Noise generated by the arena and race
track may be heard from your property. The noise may be considered a nuisance." (Findings
of Fact, Section A, Noise)
29. The rear property boundaries of lots 1-9 of Block 20, lots 1-3 of Block 16 and lots 7-13 of
Block 15 shall be amended to provide for a minimum distance of 50-feet from the top of the
bank along the drainage to the rear property boundary. The contour line designating the top
of bank shall be determined by City staff and the developer's consultants. (Findings of Fact,
Section B)
30. A 30-foot rear yard setback shall be required for all structures on lots adjacent to the
Stillwater River Hillside and its tributaries. This would include lots 3-7 of Block 19, lots 1-9
of Block 20, lots 1-3 of Block 16 and lots 7-13 of Block 15. (Findings of Fact, Section B)
31. 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)
32. 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)
33. 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. (Kalispell Subdivision Regulations,
Section 3.22)
34. 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))
35. 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))
36. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal. The minimum of two-thirds of the necessary
infrastructure shall include the extension of water and sewer mains from the city to the site
and necessary lift stations to transport effluent back to the city.
Can going conditions:
37. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17)
38. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
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 4TH DAY OF DECEMBER, 2006.
•y t. F` Y t
Pamela B. Kennedy'
.enne ,y
ATTEST: Mayor
1
Theresa white
City Clerk