Planning Department st Avenue East Kalispell, MT Phone: (406) Fax: (406)

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2 Planning Department st Avenue East Kalispell, MT Phone: (406) Fax: (406) April 1, 2015 Doug Russell, City Manager City of Kalispell st Ave E Kalispell, MT Re: Final Plat request for Bloomstone, Phase 1-A West Dear Doug: Kalispell National Investment Company, LLC submitted a request for final plat approval of the Bloomstone Phase 1-A West, a 25-lot single-family and 1-lot multi-family subdivision for a total of 26 lots. The acre site is located in the Southwest ¼ of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The property is located west of the Kidsports complex on the north side of Four Mile Drive. The subdivision is the first phase of a residential development that was preliminarily approved by the City Council in May Bloomstone is located within Section 36 and as such was part of the original Spring Prairie Planned Unit Development. The City Council approved the preliminary plat with 26 conditions at their meeting on May 5, 2008, by Resolution No The original approval was good for a period of three years. A one-year extension was granted in February 2011, a second one-year extension was granted in March 2012, and a final twoyear extension was granted in March 2013, which established a final plat submittal deadline of May 5, All of the conditions have been met or adequately addressed. The following report summarizes the applicant s compliance with the conditions of approval contained within Resolution No COMPLIANCE WITH CONDITIONS OF APPROVAL General Conditions: 1. All conditions set forth in the Spring Prairie Planned Unit Development Agreement shall be followed. Staff Response: This condition has been met. Bloomstone, Phase 1-A West follows all conditions as set forth in the Spring Prairie Planned Unit Development Agreement.

3 2. 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. Staff Response: This condition has been met. Minor changes were made to the plans; however, the Site Review Committee reviewed the changes and they are in substantial compliance with the original approval. The Site Review Committee issued a letter clearing the project to move forward with the proposed changes on June 24, The letter is attached hereto for reference. 3. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. Staff Response: This condition is met. Street lighting is addressed in the attached subdivision improvement agreement. In addition, street lighting for the development will have to comply with the city outdoor lighting standards as required by Chapter of the Kalispell Zoning Ordinance. 4. A geotechnical report shall be provided to the Public Works Department and Building Department for review concerning ground water levels and to address the appropriateness of crawl spaces and basements. Staff Response: This condition has been met. A preliminary geotechnical report has been provided and will be reviewed by both Public Works and the Building Department prior to building permit issuance. Public Works has also required a note be placed on the final plat stating engineering recommendations such as foundation types, footing pressure, and the 100 year post developed high water elevation to address geological concerns. 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 with minor deviations as permitted in 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. Staff Response: This condition has been met. Public Works has issued a letter approving the revised construction drawings on February 13, The letter is attached hereto for reference. The developer has also entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure (streets, street lighting, signage, curb, gutter, boulevards and sidewalks in this case) required, is installed to city standards for design and construction. 6. 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. Note: The water line extension from Reserve Loop shall be looped

4 with the water line within Four Mile Drive. Location and sizing of the water line extension shall be reviewed and approved by the Public Works Department. Staff Response: This condition has been met. Public Works has issued a letter approving the revised construction drawings on February 13, The letter is attached hereto for reference. In addition, the Montana Department of Environmental Quality issued a conditional approval of the water and sanitary infrastructure. Their approval letter dated February 23, 2015, is also attached hereto for reference. The developer has also entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure (water and sewer main extensions in this case) required, is installed to city standards for design and construction. 7. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water drainage 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. Note: An off-site downstream analysis shall accompany the drainage report. This analysis will need to identify if the new volume release from the development will impact the downstream adjacent properties, conveyance channels, and water bodies. This downstream analysis will need to look at the 2, 10, and 100 year flows. Staff Response: This condition has been met. Public Works has issued a letter approving the revised construction drawings on February 13, The letter is attached hereto for reference. In addition, the developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure (drainage in this case) required, is installed to city standards for design and construction. 8. The developer shall submit to the Kalispell Public Works Department prior to construction, a city storm water management plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. Staff Response: This condition has been met. Public Works has issued a letter approving the revised construction drawings on February 13, The letter is attached hereto for reference. In addition, the developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure (storm water management in this case) required, is installed to city standards for design and construction. In addition, a storm water management plan will have to be submitted and reviewed by Public Works and Montana Department of Environmental Quality, prior to any earth moving activities or building permits issued. 9. Where any public infrastructure has not been completed and accepted by the City of Kalispell a subdivision improvement agreement and a proper bond for unfinished work as provided for in appendix E of the Kalispell Subdivision Regulations shall be provided to address the unfinished work. Staff Response: The developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure required, is installed to city standards for design and construction. The subdivision improvement

5 agreement, which encompasses a detailed cost of infrastructure improvements for Phase 1-A West, is attached hereto for reference. 10. A 60-foot road and utility right-of-way shall be extended from Paintbrush Court and Mariposa Court in phase 1A to the north property boundary of the subdivision. Staff Response: Paintbrush Court and Mariposa Court are not part of the amended Phase 1-A West that is being approved at this time. Accordingly, this condition is not applicable and will be met at a future phase of the development. 11. A combination of landscaping and curbing shall be placed at the intersection of the alley serving the townhouse lots in phase 1B and Treeline Road to prevent non-emergency vehicle traffic from entering the alley from Treeline Road. The location and type of landscaping and curbing shall be reviewed and approved by the Public Works Department and Fire Department. Staff Response: The portion of the development mentioned above is not part of the amended Phase 1-A West that is being approved at this time. Accordingly, this condition is not applicable and will be met at a future phase of the development. 12. 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. Staff Response: This condition of the approval is no longer valid due to Section (7) M.C.A. 13. A noise study shall be completed prior to the final plat approval of phase 1-A. The noise study shall show how a noise level of 60 dba at the property boundary for the Z-lots (lots 9-18) and lot 107 can be achieved. The proposed mitigation measures contained in the noise study shall be reviewed and approved by the city staff and implemented prior to the final plat of phase 1A. Note: This condition may result in the loss of one or more of the proposed multi-family buildings or require submission to the city for an amended PUD site plan. Staff Response: This condition has been met. Big Sky Acoustics has completed a noise study and it shows that the maximum noise level of 60 dba can be met if the sound wall is modified as shown in Figure 2 of the report. The report is attached hereto for reference. In addition, the developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure (sound wall/berm in this case) required, is installed to city standards for design and construction. 14. A letter from the Montana Department of Transportation (MDT) shall be provided stating that the bypass right-of-way shown on the final plat is adequate for the construction of the future highway bypass. Note: The location of the highway bypass right-of-way may affect the western boundary line of the proposed subdivision, which may in turn affect the number of proposed lots or condominium units. Staff Response: This condition has been met. MDT issued a letter on December 23, 2014, serving as notification that the necessary right-of-way has been required from the Bloomstone Development. The letter is attached hereto for reference.

6 15. The developer shall obtain permission to construct and maintain the earth berm located within the future right-of-way area on the west side of phase 1A. The earth berm shall be constructed to accommodate a future bike trail and connections to adjoining streets or trails within phase 1A. Staff Response: This condition is not applicable. MDT has indicated that they do not desire an earth berm within their right-of-way and that they will construct the bike trail. 16. A temporary turn around meeting International Fire Code standards shall be installed at the southern terminus of Foxglove Drive. Staff Response: This condition is not applicable. Foxglove Drive will be constructed at a future phase. 17. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: a) Water mains designed to provide required fire flows shall be installed per City specifications at approved locations. Fire flows shall be in accordance with International Fire Code, 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 Chapter 5. d) Street naming shall be approved by the Fire Department. e) Addressing shall comply with the International Fire Code and Kalispell Fire Department Standard Operating Guidelines. f) Required fire flows shall be verified and approved by the Kalispell Fire Department prior to combustible construction. Staff Response: This condition has been met. The Fire Department issued a letter indicating the hydrant layout and flow rates acceptable on February 18, The letter is attached hereto for reference. In addition, all other applicable fire codes will be met prior to building permit issuance. 18. A letter shall be obtained from the Parks and Recreation Department 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. Note: Rocks in the landscape boulevard are prohibited.

7 Staff Response: This condition has been met. Parks and Recreation issued a letter on February 27, 2015, approving the landscape plan, boulevard and park dedication for this phase. The letter is attached hereto for reference. 19. The approved parks improvement plan for the two tot lots and health and fitness trail (if applicable), open space landscaping and irrigation plan, and bike/pedestrian plan shall be completed prior to the final plat or bonded for. Note: The health and fitness trail shall be located with an open space area approximately 20 feet wide. Staff Response: This condition has been met. Parks and Recreation issued a letter on February 27, 2015, approving the landscape plan, boulevard and park dedication for this phase. The letter is attached hereto for reference. 20. 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. Staff Response: This condition has been met. Public Works issued a letter on February 27, 2015, approving the road naming and addressing. The letter is attached hereto for reference. 21. 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. Staff Response: This condition has been met. Public Works issued a letter on February 27, 2015, acknowledging that the proper easements for utilities are shown on the final plat for Phase 1-A. The letter is attached hereto for reference. 22. 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 designed in accordance with section 3.22 of the Kalispell Subdivision Regulations and installed or bonded for prior to final plat. 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. The mail delivery site shall not impact a sidewalk or proposed boulevard area. Staff Response: This condition has been met. Public Works issued a letter on February 27, 2015, approving the road naming and addressing. In addition, the United States Postal Office issued a letter approving the Cluster Box Unit for mail delivery of this phase on January 23, The letters are attached hereto for reference. 23. 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

8 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)) Staff Response: This condition has been met. The statement and signature block are noted on the final plat. 24. The developer shall obtain the necessary permits from the Bonneville Power Authority (BPA) for construction of the storm water detention pond and parking lot as shown on the conceptual PUD site plan. Staff Response: This condition has been met. A memorandum of Land Use Agreement (LUA) has been notarized and recorded between BPA and the developer. The recorded LUA is attached hereto for reference. 25. All utilities shall be installed underground. Staff Response: This condition has been met. The final plat has a note on it stating that all utilities shall be installed underground. 26. All areas disturbed during development shall be re-vegetated with a weed-free mix immediately after development. Staff Response: This condition has been met. The final plat has a note on it stating that all areas disturbed during development shall be re-vegetated with a weed-free mix immediately after development. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was approved by the Kalispell City Council on May 5, COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the R- 4/PUD zoning designation for the property, which governs the dimensional requirements of the lots within the subdivision as well as the uses.

9 RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat for Bloomstone Phase 1-A West. Please schedule this matter for the regular city council meeting on April 6, Sincerely, Jarod Nygren Senior Planner Attachments: - 1 copy of final plat - Applicant responses and final plat application dated 2/2/ First American Title Report # FT dated 2/4/ Articles of incorporation, and by-laws for Homeowner s Association - Subdivision Improvement Agreement - Montana Department of Environmental Quality approval letter dated 2/23/ Flathead County Treasurer certification dated 2/23/ Letter from Site Plan Review Committee dated 6/24/ Letter from Kalispell Public Works Department (engineering approval) dated 2/13/ Letter from Kalispell Public Works Department (addressing review) dated 2/27/ Letter from Kalispell Public Works Department (utility easement review) dated 2/27/ Letter from MDT dated 12/23/ Letter from the Kalispell Fire Department dated 2/18/ Letter from the Kalispell Parks and Recreation Department dated 2/27/ Letter from US Postal Service dated 2/23/ Letter from A2Z Engineering dated 3/2/ Geotechnical Report dated 8/9/ Bonneville Power Administration Land Use Agreement dated 9/10/ Noise study dated 3/3/2015 c w/ Att: c w/o Att: Aimee Brunckhorst, Kalispell City Clerk Kalispell National Investments Company, LLC Attn: Jim Davis 124 Swan Ridge Court Kalispell, MT 59901

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