Resolution 5217 - Preliminary Plat - Starling Subdivision Phase 1RESOLUTION NO.5217
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
STARLING SUBDIVISION PHASE 1, MORE PARTICULARLY DESCRIBED AS LOTS 1-236
IN THE NORTHEAST CORNER OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA,
WHEREAS, The Aspen Group, 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 May
22, 2007 on the proposal and reviewed Subdivision Report #KPP-07.6 issued by the
Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of
the Preliminary Plat of Starling 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 August 6, 2007,
reviewed the Kalispell Planning Department Report #KPP-07-6, 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-07-6 are hereby adopted as the Findings of Fact of the City Council.
SECTION IL That the application of The Aspen Group for approval of the Preliminary Plat of
Starling Subdivision Phase 1, 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. (Kalispell
Subdivision Regulations, Appendix C -- Final Plat)
2. 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 2.06).
3. 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.o9(L)).
4. The roads serving lots 15 through 50 shall beano longer than 150 feet in accordance with
International Fire Code standards. (Findings of Fact Sections A and D)
5. Prior to anv 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
Stormwater Management Permit the developer shall submit a copy of the State General
Construction Stormwater 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:
G. 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 except those roadways approved as part of the PUD; 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)
7. 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 and
tested as designed and approved. (Kalispell Design and Construction Standards)
S. 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)
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. All alley right-of-ways shall be dedicated to the public but privately maintained. A note shall
be placed on the final plat stating that the alleys shall be privately maintained. (project
proposal)
11. All mitigation required as part of the approved traffic impact study shall be completed.
Mitigation may include but is not limited to improvements to Stillwater Road and West
Reserve Drive. All improvements shall be reviewed and approved by either the Public
Works Department or Montana Department of Transportation. A. letter from the Kalispell
Public Works Department or Montana Department of Transportation shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell or State of
Montana. If infrastructure work has not been accepted, a letter stating that a proper bond has
been accepted for the unfinished work by .the appropriate agency is required. (Findings of
Fact Section D)
12. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for Adams Drive onto west Reserve Drive. If any improvements are
necessary at the intersection of the roadways, 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)
13. The alley serving lots 218 through 236 shall have a minimum asphalt paving width of 20-feet.
This alley shall be named for addressing l emergency access clarity 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. (Findings of
Fact Section D)
14. The road serving lots 15 through 50 shall have a minimum asphalt paving width of 30-feet.
The roads serving lots 15 through 50 shall be named for addressing 1 emergency access clarity
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. (Findings of Fact Section D)
15. 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 plains 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.
g. Residential fire sprinklers will be taken into consideration when approving fire flows,
hydrant locations, and fire department access.
16. The developer shall provide 0.03 acres per dwelling unit of parkland deemed suitable by the
Parks and Recreation Department in accordance with the Kalispell Subdivision Regulations.
Initial preliminary plat review indicates the need for 8.16 acres of parkland for phase 1. Any
shortfall of parkland in phase 1 will be met by bonding in anticipation of receipt of parkland
in future phases. (Findings of Fact Section D)
17. The CCR's for phase 1 shall state that the HOA Community Center located within the park
may be rented through the H.O.A. with the appropriate permits obtained through the City of
Kalispell. (Recommended by the Kalispell Parks and Recreation Department)
18. A minimum distance of 50-feet from the right-of-way boundaries along Stillwater Road and
West Reserve Drive to the lot lines, shown as common area on the preliminary plat, shall be
maintained. Because of the excessive right-of-way dedication due to slopes along West
Reserve Drive lots 10-14 shall be allowed to encroach within 30-feet from the right-of-way
boundaries along West Reserve Drive to the lot lines. No lot boundaries shall encroach
within the common area. (Findings of Fact Section D)
19. A letter shall be obtained from the 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).
20. The developer shall provide the Parks and Recreation Department a revised landscaping,
irrigation and sidewalk connectivity plan for the common areas as shown on the preliminary
plat. The plan shall include landscaping, including earth berms, and a variety of vegetation
to screen garbage containers and alleys associated with the "cottage lots", lots 15 through 50.
Sidewalks shall be provided in the common areas between the "cottage lots" which connect
to pedestrian facilities along the internal street, Stenberg Court, and pedestrian facilities
along Stillwater Road and West Reserve Drive. The approved landscape, irrigation and
sidewalk plan shall be installed prior to final plat approval. (Findings of Fact Section D)
21. 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)
22. All easements and/or right-of-ways 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)
23. 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. In
addition, the mail delivery site and improvements shall be included in the preliminary and
final engineering plans to be reviewed by the Public Works Department and Planning
Department. Any mail delivery sites within the park area shall be approved by the Parks and
Recreation Department. (Kalispell Subdivision Regulations, Section 3.22)
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. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal and that bath the water and sewer systems serving this
phase be operational. (Findings of Fact Section A)
26. The water rights appurtenant to phase 1 shall be transferred to the city with the filing of the
final plat to insure the orderly accounting of water rights and to protect the future water needs
of the city of Kalispell for it users. (Findings of Fact Section D)
On goin, conditions:
27. The applicant shall add an internal parking lot off of the alley on a portion of lot 233 to
accommodate additional visitor parking. The number of parking spaces shall be calculated at 1/2
space per unit for lots 218- 236. The parking lot shall be constructed prior to occupancy of units
constructed on lots 233-236. The parking lot shall be paved, striped, and landscaped in
accordance with the Kalispell Zoning Ordinance. The striping and landscaping plans shall be
reviewed and approved by the Kalispell Planning Department and Parrs and Recreation
Department. Maintenance of the parking lot shall be included in the homeowners association
for phasel. (Findings of Fact Section D)
28. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17)
29. 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 6TH DAY OF AUGU , .
Pamela B. Kenned
ATTE T: Mayor
Theresa White
City Clerk