Resolution 4973 - Preliminary Plat - Mountain Vista EstatesRESOLUTION NO.4973
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
MOUNTAIN VISTA ESTATES SUBDIVISION, MORE PARTICULARLY DESCRIBED AS
PARCELS A & B OF CERTIFICATE OF SURVEY # 16084 LOCATED IN SECTION 2,
TOWNSHIP 28 NORTH, RANGE 22 WEST, 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
January 11, 2005, on the proposal and reviewed Subdivision Report #KPP-04-13
issued by the Tri-City Planning Office, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Mountain Vista Estates Subdivision, subject to
certain conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of February 7,
2005, reviewed the Tri-City Planning Office Report #KPP-04-13, 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
KALISPELL, MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report
#KPP-04-13 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 Subdivision, Kalispell, Flathead County, Montana
is hereby approved subject to the following conditions:
I. 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 PUD as approved by the city council. (Kalispell Subdivision Regulations,
Appendix C — Final Plat).
2. That the development of lots in the PUD shall be subject to architectural review as outlined in
the application and supporting materials and a letter be submitted to the Kalispell Site
Development Review Committee from the Architectural Review Committee of the
homeowners association prior to the issuance of a building permit.
That the plans and specifications for all public infrastructure be designed and installed in
accordance with the Kalispell Design and Construction Standards and a letter shall be obtained
stating that they have been reviewed and approved by the Kalispell Public Works Department.
(Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01).
4. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the
subdivision that would include a bike and pedestrian trail and buffering in the form of berming
or landscaping or both. These improvements are to be coordinated with the Kalispell Public
Works Department, Parks and Recreation Department, Flathead County Road Department and
Montana Department of Transportation.
That a pedestrian trail be developed within the BPA easement between the two internal
roadways that has been reviewed and approved by the Kalispell Parks and Recreation
Department. The cost of developing the pedestrian path shall be counted towards the parkland
dedication requirements. (Kalispell Site Development Review Committee)
6. That a letter be obtained from. the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the five foot
landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision
Regulations, Section 3.11).
7. That the area designated on the plat as "park" shall satisfy in part the requirements for parkland
dedication and shall be developed in accordance with a plan approved by the Kalispell Parks
and Recreation Director that provides recreational amenities including but not limited to
pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational
component within the development and not simply left as passive open space. Parkland
dedication requirements are based upon I 1 percent of the area in lots. Subtracting the required
one acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for
3.25 acres in parkland or a combination of parkland with improvements. The remaining 1.79
acres can be met through a cash equivalent in improvements to the property. Based on a
valuation of $ 18,000 per acre, remaining improvements and or cash in lieu of parkland would
be in the amount of $32,220. (Kalispell Subdivision Regulations, .Section 3.19).
The following requirements shall be met per the Kalispell 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 the
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)
Section 503.
d. Due to project phasing it should be noted that hazardous weed abatement shall be provided
in accordance with City of Kalispell Ordinance 10-8.
e. Section E. Supportive Documentation, Item (a), indicates designation of a .51 acre lot for
construction of a future fire station. It should be noted that the minimum lot size acceptable
for fire station design is 200 feet by 200 feet.
f. It is recommended that consideration be given to annexation of Three Mile Drive and Farm
to Market Road adjacent to the public right-of-way.
9. That the parcel indicated for the fire department substation be increased in size in accordance
with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell
at no cost to the City at the time of final plat submittal, if the lot proposed for the fire
department substation is not needed or wanted by the City, a letter shall be obtained from the
Kalispell Fire Department stating as much as the lot shall be converted to two lots for single
family residential development.
10. That a provision be made for a future 60 foot right of way easement within the subdivision that
would allow for the extension of the proposed roadway to provide future access to adjoining
properties to the west in the area of the BPA transmission easement along the north boundary.
(Kalispell Subdivision Regulations, Section. 3.04).
11. That a letter be obtained from the Montana Department of Transportation and Flathead County
Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market
Road) have been reviewed and approved and any associated and necessary improvements have
been satisfactorily completed. (MDOT)
12. 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),
13. 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 five foot utility easement be placed
behind the right-of-way along all lots to allow for the placement of utilities minus City sewer
and water. The placement of utilities should be coordinated with the respective utility
companies prior to construction. A letter from the Kalispell Public Works Department shall be
obtained stating that the required easements are being shown on the final plat. (Kalispell Public
Works Department).
14. After the construction and installation of utilities are completed, the developer shall insure that
all property corners are replaced by a licensed surveyor that might have been disturbed during
construction. In locations where there is a conflict such as an electrical pad, an offset marketer
shall be placed and recorded on the final plat. (Kalispell Public Works Department).
15. The filling of the gravel pit should be coordinated with the City of Kalispell Public Works
Department with the appropriate testing performed and documented. (Kalispell Public Works
Department).
16. That the covenants and homeowners by-laws specifically include the required setbacks and
other development standards. That a provision be included in the covenants and by laws that
addresses the assessments and maintenance of the common areas including the SPA easement.
Additional language be included in the covenants to prohibit the dumping of any lawn
clippings, leaves, garbage or other debris in the BPA easement. That the covenants be
corrected to reflect the correct language that relates to this subdivision and eliminates language
that refers to the maintenance of private water and 1 or sewage treatment systems.
17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
18. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
3.09(L)).
19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
22. A note shall be placed on the face of the final plat which waives protest to the creation of a
special improvement district for upgrade of roads in the area to City standards which are
impacted by this subdivision.
23. 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 imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site.
24. That preliminary plat approval for the first phase of the planned unit development shall be valid
for a period of three years from the date of approval with an automatic two year extension as
each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision
Regulations, Section 2.04).
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 7TH DAY OF FEBRV2ft 2005.
t_ . __• Z
Pamela B. Kenn ' y /
Mayor
ATTEST:
Theresa White
City Clerk