Resolution 5255 - Preliminary Plat - Bay Ridge Estates SubdivisionRESOLUTION NO.5255
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF BAY
RIDGE ESTATES SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSORS
TRACTS 1B, 1BF, 1BD, AND 1BDA LOCATED WITHIN THE SOUTH HALF OF
SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA,
WHEREAS, Bay Ridge Development, 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
December 11, 2007, on the proposal and reviewed Subdivision Report #KPP-07-13
issued by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Bay Ridge Estates Subdivision, subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of January 7,
2008, reviewed the Kalispell Planning Department Report #KPP-07-13 (Amended),
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
#I PP-07-13 (Amended) are hereby adopted as the Findings of Fact of the
City Council.
SECTION II. That the application of Bay Ridge Development, LLC for approval of the
Preliminary Plat of Bay Ridge Estates 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. Note: Flag lot configurations shall
not be utilized in the subdivision and no lots shall be surrounded by more than two access
roads/easements. (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 a.. v 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 (NDI) 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. The flag lot identified on the preliminary plat as Lot 40 shall be eliminated or reconfigured.
Lot 27 shall not be surrounded on three sides by roads or easements,, a landscaped buffer
shall be provided between the lot and the easement to be maintained by the home owner's
association. Both lots may be lost if these situations cannot be remedied. (Findings of Fact,
Section H)
5. 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 shall include but not be
limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks.
(Kalispell Design and Construction Standards, project proposal)
6. Impact fees including, police and fire, shall be paid for lots S, 13, 24, and 39 at the time of
annexation. The remainder of impact fees for the proposed development shall be paid at the
time a building permit is issued. (2006 Kalispell Impact Fee policy)
7. Meadows Lane from Three Mile Drive to the entrance of the subdivision shall be improved
to meet city road standards and includes a curb, gutter, drainage facilities, sidewalks, and
landscaped boulevards. Note: To ensure drainage and stormwater issues do not result from
the project at the intersection of Meadows Lane and Three Mile Drive, the improvements,
including curb, gutter, drainage facilities, etc., shall be extended along the radius onto Three
Mile Drive. Meadows Lane shall be dedicated to the City of Kalispell. (Kalispell
Subdivision Regulations, Section 3.09 and Findings of Fact, Section D, Effects on Local
Services w Roads)
S. A traffic impact analysis shall be completed for the project. The study shall be reviewed and
approved by the Public Works Department and the Montana Department of Transportation
and any necessary mitigation completed or adequately bonded for prior to final plat.
(Findings of Fact, Section D, Effects on Local Services - Roads)
9. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for the approach onto Three Mile Drive from Meadows Lane. If any
improvements are necessary at this intersection, these improvements shall be completed or
bonded for 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 - Roads)
10. The 60-foot road and utility easement located between lots 8 and 9 shall be extended to the
southern -most point of the property to allow for a future road connection and dedicated to the
City of Kalispell. (Findings of Fact, Section D --- Roads)
11. The existing 40-foot private road and utility easement shall be relocated as approved by the
Kalispell Public Works Department to better align with the existing driveway serving the
tract of land to the northeast of the subdivision identified on the preliminary plat as COS
9759. The easement shall also be widened to 60 feet to better accommodate traffic flow and
to allow for future development. The driveway shall be paved from Meadows Lane to the
edge of the property boundary. The existing easement location west of Lot 39 would then be
abandoned and removed for safety and liability purposes. (Findings of Fact, Section A -
Access)
12. Water and sewer main extensions shall be designed and constructed in accordance with the
City of K.alispell'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. Note: Sewer mains and lines shall be located at least 50 feet from
any wells on the project site. (Kalispell Design and Construction Standards)
13. A detailed plan to screen the lift station within the project site shall be reviewed and
approved by the Parks and Recreation Department and Public works Department as part of
the preliminary plat. Screening of the lift station shall include either enclosing the lift station
within a building or the use of fencing and landscaping. (Findings of Fact, Section D - Sewer
and Kalispell Subdivision Regulations, Section 3.16)
14. The four existing wells with their associated isolation zones and well head protection
easements are required to be shown on the face of the final plat. A note shall also be
included on the plat indicating the Flathead City -County Health Department, Montana
Department of Environmental Quality and Montana Department of Natural Resources and
Conservation Service rules, regulations and policies apply and are required to be complied
with. The codes, covenants and restrictions for Bay Ridge Estates shall identify those lots
that include a well and/or isolation zone (lots 3-6, 11-13, 23, 24, 39) and specify the
protections required or limitations of activities on the lots. (Findings of Fact, Section D -
Water)
15. The wells that are proposed to be abandoned shall be done so following the water well
contractor rules administered by the Montana Department of Natural Resources and
Conservation Service. A letter certifying the wells have been abandoned per the
aforementioned rules shall be provided prior to final plat. (Findings of Fact, Section D -
Water)
16. The existing sewage treatment systems shall be removed or abandoned per the Department of
Environmental Quality and Flathead City -County Health Department rules, regulations and
policies. Any septic tank or drain field that encroaches upon proposed city right--of-way shall
be removed. Written certification shall be provided by the owner that the system has been
abandoned or removed in accordance with the conditions above. (Findings of Fact, Section D
— Sewer)
17. The developer shall submit to the Kalispell Public Works Department for review and
approval a storrnwater report and an engineered drainage plan that meets the requirements of
the current city standards for design and construction. Storm water shall be managed using
on -site retention/detention methods as part of an engineered storm water management plan.
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)
18. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosionlsediment 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)
19. The developer will be required to coordinate the common area improvements and storm
water management design with the Parks and Recreation and Public Works departments.
Review and approval of the plans are required by both departments prior to final plat
approval. Findings of Fact, Section C -- Drainage and Section D — Parks and Open space)
20. 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)
21. Two-thirds of the public infrastructure, including the upgrade of Meadows Lane and
construction of the internal subdivision roads, water and sewer line installation, and hydrants,
shall be in place prior to final plat. (Findings of Fact, Section A — Fire, Access, On -site
Improvements, Section D -- Fire Protection)
22. An all-weather water storage tank shall be provided in a central location on the property
(vicinity of Lot 36) holding a minimum of 5,000 gallons of water prior to annexation of the
property being recorded. The water tank shall comply With the International Fire Code (2006)
and the design and installation shall be reviewed and approved by the Kalispell Fire
Department. (Findings of Fact, Section A-- Fire, Access, On -site Improvements, Section D --
Fire Protection)
23. 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; Findings
of Fact, Section D).
a. water mains designed to provide minimum fire Bows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code (2006) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction. Note: In addition to the hydrants that
will be required within the subdivision, the Kalispell Fire Department recommended
that fire hydrants be placed along the improved portion of Meadows Lane to Three
Mile Drive. The department will review and approve the placement of the hydrants.
c. Fire Department access shall be provided in accordance with International Fire Code
(2006) Chapter S.
d. Street naming shall be approved by the fire department.
e. Addressing shall comply with the International Fire Code (2006) and Kalispell Fire
Department Standard Operating Guidelines
f. 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.
24. 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)
25. Dedicate parkland equal to one -ninth of the area in lots. The parkland included in the
dedication shall be located in the southwest corner, outside of the adopted floodplain
boundaries, shall not include storm water management facilities and shall be contiguous with
the parks in the northeast corner of the Cottage Gardens subdivision and Mountain vista
Estates to the west. Note: Based on approval by the Parks and Recreation Department the
applicant may offer a reduced land dedication and provide a cash -in -lieu of land payment to
assist in development of the park area. (Findings of Fact, Section D ---- Parks and Open
Space)
26. A development plan for the parkland shall be reviewed and approved by the Kalispell Parks
and Recreation Director that provides recreational amenities including but not limited to
pedestrian access/path running from the southern border to the north boundary of the project
and a mowed path extending to the foot bridge crossing Spring Creek, irrigation,
landscaping, play equipment, picnic tables, benches, etc. so as to provide a recreational
component within the development and not simply left as passive open space. *A
homeowners association shall be created for the on -going maintenance of the park and
common elements and a copy of the plan shall be provided with the final plat application.*
(Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact, Section D -- Parks and
Open Space).
27. The north/south pedestrian access/path shall be located outside of the floodplain, lot
boundaries and to the furthest east of the creek within the common area as possible and
absolutely outside of the 50 foot natural buffer area. A floodplain permit shall be obtained
for the path that shall extend to the existing footbridge if excavation or fill is required.
(Findings of Fact, Section B — Flooding)
28. That a minimum 20-foot easement shall be established as shown on the preliminary plat.
The 20-foot easement shall include a paved bike and pedestrian trail, 1.0-feet wide, comply
with AASHTO standards for bike and pedestrian paths. The 20-foot easement shall also
include landscaping and signing on the east and west end of the property indicating the
access as approved by the Parks and Recreation Department. These improvements are to be
coordinated and approved by the Kalispell Public Works Department and Parks and
Recreation Department. (Findings of Fact, Section D, Parks and Open Space)
29. The 20-foot easement to the common area 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)
30. A park maintenance district shall be formed incorporating all the lots within the Bay Ridge
Estates 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.
31. A 100 foot building setback from the centerline of Spring Creek and a 50 foot natural buffer
along the creep where no development may occur shall be shown on the final plat. (Findings
of Fact, Section B, Effects on Wildlife and Wildlife Habitat and Section C - Surface and
Groundwater)
32. 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)
33. 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)
34. All existing and proposed easements shall be indicated on the face of the final plat. This shall
include well head protection easements over the four existing wells with their associated
isolation zones. 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)
35. 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 creep 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)
36. 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
facility shall be offset from the edge of the traveled roadway a minimum of eight feet and at a
minimum provide a pullout area for at least two vehicles. The facility may not impact a
sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22,
Findings of Fact, Section D - Mail Delivery)
37. 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))
38. 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 3.15(E))
39. A homeowners association for the subdivision shall be created that includes a provision for
the maintenance of the common elements of the subdivision, including the bike path,
landscaping, common areas along Spring Creek, etc. Note: The homeowner's association
shall be responsible for the boulevards, landscaping and sidewalks that are required along
both sides of Meadows Lane from Three Mile Drive to the entrance of the subdivision.
(Findings of Fact, Section D - Parks and open Space and project proposal)
On going conditions:
40. All water demands of the development that may be used from the site (surface and ground
water rights) shall be transferred to the City of Kalispell to ensure the orderly accounting of
water rights and to protect the future needs of the City of Kalispell for its users. (Findings of
Fact, Section E)
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.
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 JANUARY, 2008.
ifi,
M. Duane Larson
Council President
ATTEST;
lY
Theresa White
City Clerk