Resolution 5221 - Preliminary Plat - Mountain Vista Estates Phase 4RESOLUTION NO.5221
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
MOUNTAIN VISTA ESTATES PHASE 4 SUBDIVISION, MORE PARTICULARLY
DESCRIBED AS ASSESSOR'S TRACTS 1 BFA IN SECTION 2, TOWNSHIP 28 NORTH,
RANGE 22 NEST, P.M.M., FLATHEAD COUNTY, MONTANA,
WHEREAS, Touchstone, 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
K 2007 on the proposal and reviewed Subdivision Report #KPP-07-8 issued by the
Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of
the Preliminary Plat of Mountain Vista Estates Phase 4 Subdivision 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 # PP-07-8, 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:
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-07-8 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Touchstone, LLC for approval of the Preliminary Plat of
Mountain Vista Estates Phase 4 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 5tormwater Management
Permit the developer shall submit a copy of the State General Construction 5tormwater 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
C)
Prior to final _plat:
4. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of alispell'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, project proposal)
5. The road connection planned at the southern portion of the subdivision to Cottage Gardens shall
be adjusted to meet city design standards and is subject to review and approval from the Kalispell
Public Works Department. The adjusted road location shall be shown on the final plat and a letter
from the Public Works Department obtained stating the design is approved.
6. 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)
7. 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)
S. 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)
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. The following note shall be placed on the final plat, "lots within the subdivision may be in areas
where the water table is high and that special consideration in the construction of crawl spaces
and basements in those areas is recommended."
11. 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 "no
parking fire lane."
12. A temporary cul-de-sac at the south end of the project shall be constructed at the southern
terminus of Mountain Vista Way if the road through the Cottage Gardens subdivision is not in
place prior to final plat. (Kalispell Fire Department)
13. 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)
14. The area designated on the plat as common area shall meet the parkland dedication requirements
provided that it is developed as followed:
a. Access to the common needs to be placed between lots 12 and 13 - rather than between lots
11 and 12 - to provide a more direct access.
b. A mowed path consisting of native grasses shall be provided from the cul-de-sac as well as
along a leisure trail running north and south along the Spring Creek riparian area. The
mowed trail intended fro leisure within the common area shall be located to the furthest west
of the creek possible and absolutely outside of the 50 foot natural buffer area (Fish, Wildlife
and Parks)
c. Four benches shall be installed along the Spring Creek mowed trail running north and south.
d. A minimum of three interpretive signs shall be placed along the trail running north and
south. The signs should be coordinated with the Fish, Wildlife and Parks Department
(FWP). Additionally, the signs need to be made out of a metal thick enough to prevent
vandalism and placed upon a mount that is sturdy enough to prevent vandalism.
The developer shall provide the Parks and Recreation Department with the improvement plan for
the department for review and approval. The developer shall install the improvements prior to
final plat in accordance with the approved plan. (Kalispell Subdivision Regulations, Section 3.19,
Findings of Fact, Section D, Parks and open Space)
Note: Any work Within the floodplain requires a floodplain permit.
15. The 20-foot easement to the common area that shall be relocated between lots 12 and 13 shall be
incorporated within the larger common area of the subdivision and not on individual lots.
(Findings of Fact, Section D, Parks and Open Space)
1 b. A park maintenance district shall be formed incorporating all the lots within the Mountain Vista
Estates Phase IV 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.
17. A. 100 foot building setback from the high waterline of Spring Creek and the 50 foot natural
buffer shall be shown on the final plat. (Findings of Fact, Section C, Surface and Groundwater)
-1.8. 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, Roads)
19. 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)
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. (Kalispell
Subdivision Regulations, Section 3.18)
21. A detailed floodplain study shall be completed and accepted by FEMA determining the base flood
elevation for the floodplain area within the subdivision. The final plat shall not be recorded and
no significant earth moving within 100 feet of the centerline of the creek shall be allowed until
the completion and acceptance of the study area. The newly delineated floodplain shall be staked.
The base flood elevation accepted by FEMA shall be indicated on the final plat and no lots shall
extend into the newly delineated floodplain. (Findings of Fact, Section A, Flooding)
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. (Kalispell Subdivision Regulations, Section 3.22)
23. 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))
24. 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))
25. A homeowners association for the subdivision shall be created that includes a provision for the
maintenance of the common area along Spring Creek, including the moved path, 50 foot natural
buffer, benches and signs. (Findings of Fact, Section D, Parks and open Space and project
proposal)
On going conditions:
26. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17)
27. 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 IALISPELL, THIS 6TH DAY of AUOU
ATTEST:
Theresa White
City Clerk
Pamela B. Kenned
Mayor