Resolution 5339 - Preliminary Plat - Silverbrook Estates Phase 2RESOLUTION NO.5339
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, 93 & Church LLC, 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
January 27, 2009 on the proposal and reviewed Subdivision Report #KPP-08-2
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 February
17, 2009, reviewed the Kalispell Planning Department Report #KPP-08-2, 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-08-2 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 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. (Kalispell Subdivision Regulations, Appendix C — Final 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. (Findings of Fact, Section G, Compliance with Zoning)
3. The preliminary plat approval for phase 2 shall be valid for a period of three years from the
date of approval. (Kalispell Subdivision Regulations, Section 2.06.E).
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. (Findings of Fact, Section G, Compliance with Zoning)
5. The following note shall be placed on the final plat for phase 2B: "Further subdivision of the
lots in phase 2B is prohibited." (Findings of Fact, Section G, Compliance with Zoning)
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. (Findings of Fact, Section G, Compliance with Zoning)
7. Prior to final plat approval of phase 2A Church Drive shall be striped to include a left turn
lane for the eastern most access point onto Church Drive. The striping shall be approved by
the Public Works Department. (Findings of Fact, Section D, Roads)
8. 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. 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 streets, street lighting, street signage, curb, gutter, boulevard and
sidewalks. (Kalispell Design and Construction Standards)
9. 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)
10. Prior to submitting a final plat application for each phase the developer shall provide the
Public Works Department with a plan of how sewage will be conveyed to the sewer
treatment plant. Silverbrook Phase 2 shall not submit plans for construction to the city and
the city will not review and approve the plans until the Grandview lift station upgrade is
completed. (Findings of Fact, Section D, Sewer)
11. 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)
12. 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)
13. 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)
14. 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 (2006).
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
(2006).
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.
15. A 12-foot meandering berm shall be constructed within the buffer along Highway 93 to
protect residences from highway noise. The berm shall be landscaped with the landscaping
plan reviewed and approved by the Parks and Recreation Department. (Findings of Fact,
Section A, Noise)
16. 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. (Findings of Fact, Section
A, Slope Stability)
17. A note shall be shown on the face of the final plat indentifying those lots closest to the crest
of the reshaped slope mentioned in condition 16 and require a minimum 20 foot building
setback from the crest of the reshaped slope. (Findings of Fact, Section A, Slope Stability)
18. The Silverbrook Estates covenants, conditions, restrictions and reservations shall be amended
to include the 9 recommendations from the Montana Department of Fish, Wildlife and Parks
letter of January 12, 2009 to minimize the problems that future homeowners could have with
wildlife, as well as helping them protect themselves, their property, and the wildlife.
(Findings of Fact, Section B, Effects on Wildlife and Wildlife Habitat)
19. 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 approval the open
space location shall be approved by the Kalispell Site Review Committee. (Findings of Fact,
Section G, Compliance with Zoning)
20. The one acre 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.
21. 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. (Findings of Fact, Section G, Compliance with Zoning)
22. 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. (Kalispell Subdivision
Regulations, Section 3.11).
23. 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. (Kalispell Subdivision Regulations, Section
3.19 and Findings of Fact, Section D, Parks and Open Space)
24. 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 the second phase of the subdivision.
• All other remaining paths shall be installed prior to final plat approval of the
respective phase they are located in. (Findings of Fact, Section D, Parks and Open
Space)
25. A park maintenance district shall be formed in accordance with section 7-12-4001 MCA
incorporating all the lots within Silverbrook Estates phase 2 subdivision. When needed the
taxes levied within the maintenance district shall be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council. Such a district shall become
effective upon recording the final plat of phases 2A, 213, 2C and 2D.
26. The following note shall be placed on the final plat: "Construction of homes on lots 357-363
of Block 31 and lots 305 and 334 of Block 29 should incorporate acoustical architectural
measures along the side of the house facing the highway. This would include placing less
sensitive noise rooms (kitchens, bathrooms, laundry rooms) on the side of the house closest
to the highway. Other options would include reducing the number of doors or windows,
installing triple pane windows and solid wood doors." (Findings of Fact, Section A, Noise)
27. 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."
28. 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)
29. 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 sanitary sewer upgrades
which will serve the subdivision." (Findings of Fact, Section D, Sewer)
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." (Findings of
Fact, Section E, Effects on Agriculture)
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." (Findings of Fact, Section A, Noise)
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. (Findings of Fact, Section B, Effects on Wildlife and Wildlife Habitat)
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. (Findings of
Fact, Section B, Effects on Wildlife and Wildlife Habitat)
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. (Findings of
Fact, Section B, Effects on Wildlife and Wildlife Habitat)
35. 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. 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)
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. (Kalispell Subdivision Regulations, Section 3.18)
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. (Kalispell Subdivision Regulations,
Section 3.22)
38. 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))
39. 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))
40. 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. (Findings of
Fact, Section A, On -site improvements)
On going conditions:
41. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17)
42. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
43. A 60 foot public road and utility right-of-way located between Fox Forest Loop and Tract 1D
shall be dedicated to the City of Kalispell within Block 54 to provide road and utility
connections to the property immediately west. 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. (Kalispell Planning Board)
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 23RD DAY OF MARCH, 2009.
Pamela B. Kenifecfy
ATTEST: Mayor
2,,
Theresa White
City Clerk