Resolution 5248 - Preliminary Plat - Northland Subdivision Phase 4RESOLUTION NO.5248
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
NORTHLAND SUBDIVISION PHASE 4, MORE PARTICULARLY DESCRIBED AS A 5.8
ACRE PORTION OF ASSESSOR'S TRACT I LOCATED IN SECTION 1, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Bridgeland Development, LLP, 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
October 9, 2007, on the proposal and reviewed Subdivision Report #KPP-07-11
issued by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Northland Subdivision Phase 4, subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of November
5, 2007, reviewed the Kalispell Planning Department Report #KPP-07-11, 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 COUNC11L OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-07-11 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Bridgeland Development, LLP for approval of the
Preliminary Plat of Northland Subdivision Phase 4, 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 reap, 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 Q
Prior to final plat.
4. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat approval. (Findings of Fact Section A)
5. The 60-foot road right-of-way shall be dedicated to the city as shown on the preliminary plat.
This includes the 30-foot wide strip currently located on Tract 2 of Certificate of Survey
13923.
6. 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; 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 includes the extension of
Summit Ridge Drive to Northland Drive and Northland Drive to Four Mile Drive. Summit
Ridge Drive shall be gated at Northland Drive for emergency access only. All new city
streets as shown on the preliminary plat shall include, but not be limited to, paved streets,
street lighting, street signage, curb, gutter, landscaped boulevards and sidewalks on both
sides of the street. (Kalispell Design and Construction Standards, project proposal)
Note: The flow and pooling of water at the west end of Summit Ridge Drive shall be
considered in the design and construction of the road infrastructure and storm water
management systems.
Note: Traffic calming devices shall be utilized to maintain the posted speed limits along
Northland Drive and Summit Ridge Drive. Designs shall be reviewed and approved prior to
construction and a letter from Public Works obtained indicating approval of any necessary
measures prior to final plat. This shall specifically include, at a minimum, a traffic calming
device at the intersection of Summit Ridge Drive and Northland Drive.
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 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. 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)
10. 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)
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 `ono
parking fire lane."
12. 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)
13. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland
equal to 0.57 acres of land. The payment shall be based on the fair market value of undivided,
unimproved land. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact
Section D).
14. A park maintenance district shall be formed incorporating all the lots within the 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.
15. 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)
16. 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)
17. 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)
18. Prior to filing the final plat, a letter from the ACTS 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 additions 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)
19. 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))
20. 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))
21. A homeowners association for the subdivision shall be created prior to final plat that includes
a provision for the maintenance of the common area along Four Mile Drive. (Findings of
Fact, Section D)
On going conditions:
22. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17)
23. 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 5TH DAY OF NOVEMBER, 2007.
z
amela B. Kenne y
Mayor
ATTEST:
Theresa White
City Clerk