Resolution 5749 - Preliminary Plat - Silverbrook Estates Phase 2RESOLUTION NO.5749
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
SILVERBROOK ESTATES SUBDIVISION PHASE 2, MORE PARTICULARLY
DESCRIBED AS TRACT 3 AND A PORTION OF TRACTS 4 AND 5 OF CERTIFICATE OF
SURVEY 15896 LOCATED WITHIN THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Silvermont Properties LP, the owner of the certain real property described above, has
petitioned for approval of the Subdivision Plat of Phase 2 of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
December 8, 2015 on the proposal and reviewed Subdivision Report #KPP-15-04
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 2 subject
to certain conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of January 4,
2016, reviewed the Kalispell Planning Department Report #KPP-15-04, 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-15-04 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Silvermont Properties LP for approval of the
Preliminary Plat of Silverbrook Estates Subdivision Phase 2, 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, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council. Note:
Implementing the conditions of approval may reduce the number of lots shown on the
approved preliminary plat.
2. The total gross square footage for all buildings on the 13 commercial lots in phase 2A shall
not exceed 120,000 square feet. The largest building shall not exceed 25,000 gross square
feet.
3. The preliminary plat approval for phase 2 shall be valid for a period of three years from the
date of approval.
Prior to final plat:
4. Prior to final plat approval of phase 2B the townhouse lots shall be renumbered with the
A&B designations added to each lot (i.e. 305A and 305B) to further clarify the lots as
townhouse lots.
5. The following note shall be placed on the final plat for phase 2B: "Further subdivision of the
lots in phase 2B is prohibited."
6. Prior to submitting a final plat application for phase 2C a zone change application for blocks
33 and 40 to change the zoning from R-4 to R-2 shall be approved by the Kalispell City
Council.
7. The existing Traffic Impact Study shall be amended to include an analysis of the approaches
intersecting Church Drive and mitigated improvements that may be necessary to Church
Drive with the increase in traffic. Proposed improvements that may result from the analysis
shall be approved by the Public Works Department prior to engineering design.
8. The streets serving the neighborhood commercial portion of the project will be constructed to
a minimum of collector street standards. The following note shall be placed on the final plat
for phase 2A: "Along roadways with on street parking, the eight (8) feet adjacent to the curb
shall be used for snow storage. Pedestrian facilities must be provided outside of the
aforementioned eight (8) feet."
9. All intersections shall be designed in accordance with the most recent version of AASHTO's
A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS. Streets shall
intersect at ninety (90) degree angles, if topography permits, but in no case shall the angle of
intersection be less than seventy-five (75) degrees for a minimum distance of sixty (60) feet
as measured along the centerline, from right-of-way line at the intersecting street.
10. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with current City of Kalispell's Standards for Design and Construction and
Montana Public Works Standards. The design shall be certified in writing by a professional
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 water main, sewer main, storm sewer
facilities, streets, street lighting, street signage, curb, gutter, boulevard and sidewalks.
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 stamped by a
Professional Engineer shall be submitted to the Public Works Department stating that the
water and sewer mains have been built as designed and approved.
12. Private irrigation water mains shall be designed and placed within the ten (10) foot utility
easement adjacent to and outside of the public right-of-way.
13. Prior to submitting a final plat application for each phase, the developer shall provide the
Public Works Department with an analysis of possible deficiencies created in the existing
conveyance system, from the respective phase to the treatment plant, by the addition of the
phase. The analysis and possible mitigation plan, once reviewed and approved by the Public
Works Department, shall be completed prior to final plat approval.
14. 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.
15. 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.
16. 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.
17. The following requirements shall be met per the Kalispell Fire Department and so certified in
writing by the Fire Department:
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 currently adopted by the City of Kalispell at the time of
construction..
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
currently adopted by the City of Kalispell.
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.
18. The developer shall submit to the Kalispell Public Works Department, for review and
approval, documentation that the proposed bedding, haunching, initial backfill and subbase
backfill materials for utility trenches, as required in the City of Kalispell Standards for
Design and Construction, meets the requirements for Class 1 Materials as defined in ASTM
D 2321 and the mitigation requirements (Section X1.8) of the same standard. The
documentation shall be certified by an engineer licensed in the State of Montana.
19. A 12-foot meandering berm shall be constructed within the buffer along Highway 93. The
berm shall be landscaped with the landscaping plan reviewed and approved by the Parks and
Recreation Department.
20. A letter shall be submitted from an engineer licensed in the state of Montana approving the
reshaped slopes along the Stillwater River and adjacent drainage way for stability purposes in
accordance with CMG Engineering's slope stability assessment.
21. A note shall be shown on the face of the final plat identifying those lots closest to the crest of
the reshaped slope mentioned in condition 20 and require a minimum 20 foot building
setback from the crest of the reshaped slope.
22. The Silverbrook Estates covenants, conditions, restrictions and reservations should consider
the 9 recommendations from the Montana Department of Fish, Wildlife and Parks letter to
minimize the problems that future homeowners could have with wildlife, as well as helping
them protect themselves, their property, and the wildlife.
23. Phase 2B shall be amended to include a minimum one acre of open space. The open space
shall be located centrally in either block 29 or block 30. Prior to final plat approve the open
space location shall be approved by the Kalispell Site Review Cominittee.
24. The one acre of open space shall be developed with the following:
• Irrigation
• Landscaping to consist of trees, grass and shrubs
• Pedestrian paths
• A focal feature such as a gazebo, art work or formal garden
The development plan shall be submitted to the Parks and Recreation Department for review
and approval and installed prior to final plat of phase 2B.
25. Additional open space shall be provided either north or south of the one acre open space site
required in condition 19 to provide a linear greenbelt from the intersection of Swift Creek
Way and Diamond Peak Loop to Silvertip Trail. The open space shall be a minimum of 50
feet in width and include a walking path to be constructed per standards approved by the
Parks and Recreation Department. The walking path shall be constructed prior to final plat
approval.
26. 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 be
provided to the Kalispell Parks and Recreation Department.
27. The 2.19 acre area designated on the preliminary plat as open space in block 46 of phase 2D
will meet the parkland dedication requirements provided that it is developed to create a
recreational amenity within the subdivision. 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.
28. The approved pedestrian/bike path plan shall be installed as follows:
• Paths within the open space along Highway 93 shall be installed prior to final plat
approval of phase 2A.
• Paths within the open space along the Stillwater River, wetland and drainage shall be
installed prior to final plat approval of phase 2b of the subdivision.
• All other remaining paths shall be installed prior to final plat approval of the respective
phase they are located in.
29. 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."
30. 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."
31. The following note shall be placed on the final plat: `Be aware that an existing arena and
race track are located to the north of the subdivision. Noise generated by the arena and race
track may be heard from your property."
32. The rear property boundaries of lots 574-579 of Block 53 shall be amended to provide a
minimum distance of 170 feet from the bank of the Stillwater River to the rear property
boundary.
33. The rear property boundaries of lots 569-572 of Block 53, lots 561-568 of Block 52 and lot
409 of Block 34 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.
34. 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 574-579 of Block 53,
lots 569-572 of Block 53, lots 561-568 of Block 52 and lot 409 of Block 34.
35. The roads within the subdivision shall be named and signed in accordance with the policies
of the Kalispell Public Works Department and the Manual of Uniform Traffic Control
Devices and be subject to review and approval prior to final platting of each respective phase.
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.
36. 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.
37. 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. The mail delivery site shall provide
ADA accessibility from the public pedestrian facilities.
38. 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
39. That a minimum of two-thirds of the necessary infrastructure for each phase of 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.
40. A 60 foot public road and utility right-of-way projecting along the Great Northern Trial
alignment to Tract I shall be dedicated to the City of Kalispell within Block 54 to provide
road and utility connections to the property immediately west. The dedication shall be done
prior to final plat of phase 2d. Final location of the right-of-way shall be approved by the
Public Works Department. Development of the right-of-way will be required by the
developer of Tract 1D.
41. The original design report prepared by Pioneer Technical Services indicated two wells would
be installed for the subdivision which were projected to provide the required fire flow of
1,500 gpm. Due to the presence of Manganese in Well No. 1, Well No. 2 was the only public
water supply well installed to serve the Silverbrook subdivision. The completed Well No. 2
has a permitted pumping rate of 250 gpm and lies approximately 2.5 miles north of any
redundant supply lines. Water modeling shall be completed to determine the water
production and water right improvements necessary to provide maximum daily demand for
full build out of Phases 1 and 2. Required improvements shall be completed at no cost to the
City of Kalispell.
Ongoing conditions:
42. All utilities shall be installed underground.
43. 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 JANUARY, 2016.
ATTEST:
Mark Johnson
Mayor