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Staff Report/PUD Amendments and Preliminary PlatCity of Kalispell Planning & Building Department 201 1" Ave East, Kalispell, Montana 59901 Planning Telephone: (406) 758-7940 Building Telephone: (406) 758-7730 Fax: (406) 758-7739 Website: www.kalispeU.com REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT: Kalispell National Investment Company request for amendments to the Spring Prairie Planned Unit Development and preliminary plat approval for the first phase of the Bloomstone subdivision MEETING DATE: April 21, 2008 BACKGROUND: The Kalispell City Planning Board met on April 8, 2008 and held a public hearing to consider a request from the Kalispell National Investment Company to amend the existing R-4/PUD zoning on an 85.2 acre property and develop the property as a residential subdivision called Bloomstone. The overall project will be developed in 5 phases providing a total of 569 dwelling units. The developer is also requesting preliminary plat approval for phases lA and 1B of the project. Phase IA consists of 8-8 plex apartment units, 74 single family residential lots, and 10 townhouse lots. Phase 1B consists of 37 single family residential lots. The residential lots will range in size from 2,400 square feet (townhouse lot) to 8,000 square feet. The 85.2 acre site can be legally described as parcel 3 of Certificate of Survey 17217 located in the SW 1/4 of Section 36, Township 29 North, Range 22 West. The property is located immediately west of the Kids Sports complex on the north side of Four Mile Drive, approximately 1/2 mile west of the intersection of Four Mile Drive and Highway 93 North. Sean Conrad of the Kalispell Planning Department presented staff reports #KPUD-07- 7 and KPP-07-14 evaluating the proposed project. Staff recommended the planning board recommend approving a majority of the requested amendments to the existing Planned Unit Development and the preliminary plat for the first phase of the subdivision subject to the conditions listed in the staff report. During the public hearing portion of the meeting the developer and his consultant team spoke in favor of the proposed project. Two members of the public also spoke on the project. Their concerns were the interactions between the project and Kids Sports complex, acquiring adjacent lands for park development and possibly increasing the open space and park areas within the subdivision. After the public hearing was closed the planning board discussed the proposed project. Two main concerns brought up during the planning boards discussion were grading along Four Mile Drive and limiting alley access onto Treeline Road. As part of the overall project the developer intends to lower the southern portion of the project site. This would in -turn require Four Mile Drive to be lowered approximately 12 feet. The planning board was concerned with the property owner south of Four Mile Drive from gaining reasonable access to Four Mile Drive when the road is lowered in conjunction with the Bloomstone project. Therefore, the planning board recommended amending condition number 7 of the PUD regarding the grading of the site and added that "the subdivision and roadway grading presented shall be designed and constructed in a manner that would allow future connection to the properties south of Four Mile Drive be feasible." This amendment passed on a vote of 3 to 2. The second issue discussed by the planning board was limiting traffic access onto an alley serving 22 townhouse lots in phase 1B. The alley is proposed to have an entrance/exit onto Treeline Road between Waterleaf Lane in phase 1B and Nightshade Drive in phase 2. Treeline Road will be designed to function as a collector roadway and, therefore, the number of access points onto Treeline Road, whether a street or an alley, should be limited. The Public Works Department had recommended that the alley serving the townhouse lots in phase 1B include removable bollards at the alley's intersection with Treeline Road to prohibit daily traffic movements from entering or exiting at this location. By using the removable bollards the alley could still be used by emergency vehicles if necessary. Before the planning board hearing the developer requested changing the language in the condition to remove the requirement for bollards and instead allow him to come up with a landscaping and curbing plan that would accomplish the same access restrictions as the bollards. The developer requested this because he felt that bollards would not aesthetically tie into the surrounding neighborhood he is creating. During the planning board discussion on the issue some members of the board had concerns with blocking the alley off for strictly emergency vehicles. Concerns were also raised about garbage collection and snow storage. However, a majority of the planning board members agreed with the Public Works Department's recommendation about restricting access from the alley onto Treeline Road. A motion to remove recommended condition number 35 failed on a vote of 4 to 1. After discussing the proposed project the planning board unanimously recommended approval of both the planned unit development and preliminary plat requests subject to staff's conditions as amended. The council held a work session on the proposed project after its regular meeting of April 7, 2008. During the work session staff provided a brief presentation on the project and answered council member's questions. Those questions were generally directed towards parkland, street locations, and types of units proposed within the development. The developer also provided a detailed presentation to the council. After the developers presentation there were no additional questions for the developer. RECOMMENDATION: A motion to approve the resolution to amend the existing Planned Unit Development zoning on the property with 25 conditions as recommended by the planning board and approve the preliminary plat request subject to the 25 conditions as recommended by the planning board would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully s9bipitted, Sean Conrad ames H. Patrick Senior Planner City Manager Report compiled April 15, 2008 Attachments: Transmittal letter Exhibit A (conditions) Staff report #KPUD-07-7 and KPP-07-14 Minutes 3 / 11 / 08 planning board meeting c: Theresa White, Kalispell City Clerk WHEREAS, the City Council of the City of Kalispell approved the Spring Prairie Planned Unit Development Agreement on Section 36 on December 3, 2001, and WHEREAS, the Spring Prairie Planned Unit Development Agreement was amended on December 15, 2003 and on September 19, 2005, and WHEREAS, it is in the best interests of the City of Kalispell that the Spring Prairie Planned Unit Development Agreement be amended as set forth below. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Spring Prairie Planned Unit Development shall be, upon execution by the landowner, amended as provided for in said agreement under Section 5, Amendment or Modification of Agreement as follows: The Planned Unit Development for Bloomstone allows the following deviations from the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance: A. Kalispell Zoning Ordinance, Section 27.07.040 (1) (Minimum lot area) Allows the minimum lot area to be reduced from 6,000 square feet to 4,290 square feet for single-family lots. B. Kalispell Zoning Ordinance, Section 27.07.040 (2) (Minimum lot width) Allows the minimum lot width to be reduced from 50 feet to 40 feet for single-family lots. C. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Minimum building setbacks) Allows zero side yard setbacks for the Z-lots. D. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Front setback encroachment) Allows the front setback reduced to 10 feet. Such reduction shall only apply to the single family residential houses. The multi -family buildings would need to meet the 15-foot setback provided for in the R-4 zoning district. All garages shall be a minimum of 20 feet from the front property line except for garages on the Z-lots that are parallel to the adjacent street. These garage may be within 10 feet of the front property boundary. E. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Rear setback encroachment) Allows a 5 foot setback on the Z-lots where the lot size is less than 5,000 square feet. Garages may be constructed within 5 feet of the rear property boundary only if the garage doors do not face the alley. If garage doors are facing the alley then a minimum of 10 feet from the property line to the eave of the garage shall be required. F. Kalispell Zoning Ordinance, Section 27.07.040 (5) (Permitted lot coverage) Allows an increase to 54% lot coverage on the 6,000 square foot lots and only restricts lot coverage on the Z-lots as to construction within the required setbacks. G. Kalispell Zoning Ordinance, Section 27.24.050 (6) (Subdivision identification signs) Allows an increase in the number and size of subdivision identification signs within the project. The text and associated graphics for the two primary entry monument signs shall be a maximum of 35 square feet, 3 1/2 feet tall and 10 feet long. The secondary monument signs shall have text and associated graphics no larger than 11/z feet tall and 5 feet long for a total of 71/2 square feet. The signs shall not exceed 6 feet in height and shall be located outside of site visibility triangles of the adjacent intersections. H. Kalispell Subdivision Regulations, Section 3.09 (Streets and Roads — Design Standards) Allows curb bulbs to be used at the intersection of local streets. I. Kalispell Subdivision Regulations, Section 3.09 (G) (Streets and Roads — Design Standards) Allows the north/south street in phase 3, shown as Juneberry Street on the conceptual site plan, to terminate in a private roadway. J. Kalispell Subdivision Regulations, Section 3.06 (I) (Through lots) Allows 8 through lots in phase 2, designated lots 1-8 as shown on the conceptual site plan. Refer to condition 2.H for fence height. 2. The development of the 85.2 acre site shall substantially comply with the following maps and elevations submitted as part of the Planned Unit Development application: A. Conceptual Site Plan, Exhibit A-1 B. Data Table, Exhibit A-2 Note: Off-street parking requirements shall meet the Kalispell Zoning Ordinance minimum requirements. C. Conceptual Phasing Plan, Exhibit D D. Single Family, Z-lot and Apartment Building elevations E. Lot Typicals, Exhibits E-1, E-2, E-3, F-1, and F-2 Note: Building setbacks and lot coverage subject to approved PUD conditions. If a lot is located between a street and alley garages shall be located off of the alley. F. Conceptual Open Space and Landscape Plan, Exhibit H G. Pedestrian path detail between Bloomstone and Kids Sports complex H. Conceptual Fencing Plan, Exhibit I Note: Fencing along Treeline Road shall be a maximum of 31/2 feet and fencing on the north and south sides of phase 3 shall be removed. I. Conceptual Lighting Plan, Exhibit J-1 Note: All lighting must comply with Kalispell Zoning Ordinance J. Conceptual Entry and Fencing Themes, Exhibits T-1, T-2, T-3, T-4, T-5 K. Conceptual Trail Plan and Detail, Exhibits P-1 and P-2 Note: Trail width shall be determined by the Parks and Recreation Department and trail construction shall meet city standards. L. Typical Street Details, Exhibits G-1, G-2, L-1, L-2, and L-3 Note: All roads shall be designed to meet the city's minimum roadway widths except as permitted through this PUD. Monument signs shall be located outside of the right-of- way. Development of the site shall adhere to the Bloomstone conceptual site plan. Note: The implementation of the conditions may result in the loss of dwelling units. 4. Upon submitting a preliminary plat application for phases 4 and 5 the developer shall provide further details for the future club house in phase 4 and community center in phase 5. The details shall include at a minimum the size, elevations, and floor plan of the buildings. 5. Prior to issuance of a building permit for the multifamily units in phases 1, 4 and 5 of the Bloomstone project, the developer shall provide the city with a trail connection plan for review and approval. The plan shall illustrate how trails and sidewalks within the development will connect with existing or future trails or sidewalks. 6. Prior to final plat approval of phase 2 Treeline Road shall be extended to Four Mile Drive. That portion of Treeline Road from the south boundary of phase 2, south to Four Mile Drive, shall be improved to provide an all weather access for emergency vehicles to travel on the roadway. 7. Upon submitting a preliminary plat application for phase 2 the developer shall provide the city with a detailed grading plan and identify those areas that will need a retaining wall over 3 feet for phases 2, 3, 4 and 5 including both the north and south sides of Four Mile Drive. These walls shall be subject to review by the city's site review committee for aesthetic purposes. Recommendations for aesthetic treatment of the retaining walls shall be forwarded on to the planning board and city council for consideration. Note: The subdivision and roadway grading presented shall be designed and constructed in a manner that would allow future connection to the properties south of Four Mile Drive be feasible. The internal streets proposed for the condominium project in phase 5 shall be required to include sidewalks on both sides unless a deviation from the city's street standards is requested. Garages for the condominium units shall be required to be a minimum of 20 feet from the sidewalk or edge of curb to discourage vehicles encroaching on the sidewalk or street. 9. The 11.3 acres immediately north of Bloomstone shall be shown as R-4/PUD zoned property under the ownership of the Department of Natural Resources and Conservation (DNRC) on all future preliminary and final plans unless instructed otherwise by the DNRC or City of Kalispell. 10. The power, phone, natural gas and cable television lines shall be located within the alley right-of-way. Where an alley is not adjacent to the lot the power, phone, natural gas and cable television lines shall be located within a separate 5-foot easement outside of the road right-of-way easement. 11. Staking by a licensed surveyor for each lot under 6,000 square feet shall be in place prior to and during construction of homes on the lots to assure setbacks are being met. Staking for building foundations shall be offset from the foundation to assure stakes are in place during and after excavation of the building pad. 12. Condominium or apartment association shall be created for the maintenance of the areas immediately surrounding the multi -family buildings in phase 1A, 4 and 5. 13. The developer shall provide the Parks and Recreation Department with a park improvement plan for the two tot lots in phase 1 A, health and fitness trail, and one acre park in phase 4. At a minimum the park improvement plans shall include trails connecting with adjoining trails or sidewalks, turf, irrigation, and landscaping within the parks and a Ramada for the tot lot in phase IA. The developer shall provide other park amenities including but not limited to security lighting, children's play equipment, benches, trash receptacles, and drinking fountains, where appropriate. The plan shall be reviewed and approved by the Parks and Recreation Department in conjunction with the Police Department for the security lighting. 14. Prior to the final plat of phase IA the developer shall provide the city with a cash in lieu payment of 5.55 acres of land less the area of parkland for phase IA. At the time the city is prepared to acquire the 11.3 acres of land immediately north of the Bloomstone subdivision, the remaining 10.52 acres of land shall be provided as a letter of credit for the city to draw upon. The cash in lieu payment and letter of credit value shall be based on the unimproved fair market value of the land devoted to lots. Note: At the time the Department of Natural Resources and Conservation land is acquired the remaining letter of credit funds shall be drawn upon to complete park improvements per the schedule approved in the park master plan referenced in condition 15. 15. Prior to preliminary approval of phase 2 the Parks and Recreation Department in cooperation with the developer shall develop a park master plan for the 11.3 acre land immediately north of Bloomstone currently owned by the Department of Natural Resources and Conservation. The plan shall be implemented by the developer in a phasing schedule approved by the city council with input from the Parks and Recreation Department and planning board. Note: Development of the 11.3 acre land does not include the construction of a community center, swimming pool or any other facility not agreed upon in the park master plan. 16. Specifications for the bike/pedestrian trail construction shall meet current city standards with the width of the trail determined by the Parks and Recreation Department. 17. A park maintenance district shall be formed in accordance with section 7-12-4001 MCA incorporating all the lots within the Bloomstone subdivision. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Such a district shall become effective upon recording the final plat of phases 1-5 of the Bloomstone subdivision. 18. In the event the Homeowners Association fails to maintain its properties, the park maintenance district program may be initiated by the city to provide maintenance for some or all of the public or private improvements. 19. The developer shall provide the Parks and Recreation Department a landscaping and irrigation plan for the common areas within the project site. The approved planting and irrigation plan shall be installed prior to final plat approval of the respective phase or appropriate bonding provided. 20. A 3 1/2-foot tall vinyl fence shall be installed by the developer abutting the rear property boundary of lots 40-46, 59-65, and 99-105 of phase 1A, lots 81A and 80 of phase IB, and lots 28A and lots 1-8 of phase 2. All fencing shall be installed prior to final plat approval of the pertinent phase. 21. A note shall be placed on the final plat for phases IA, 1B and 2 prohibiting the property owners of lots 40-46, 59-65, and 99-105 of phase IA, lots 8 1 A and 80 of phase 1B, and lots 28A and lots 1-8 of phase 2 from installing any additional rear yard fencing. 22. A note shall be placed on the final plat of each phase including alleys stating that the alleys shall be privately maintained. 23. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal for each phase. The minimum of two-thirds of the necessary infrastructure shall include the extension of water and sewer mains to the site and the necessary upgrades to the existing sewer lines to transport effluent back to the city sewage treatment plant. 24. The first phase, phase IA, shall be filed within three years of approval of the effective date of the preliminary plat of phase IA. Each successive phase shall be filed within two years of final plat approval of the previous phase. In all events, each phase shall be freestanding in terms of public infrastructure, services, parks and open space. The city council may grant one year extensions for each phase of the project. A request for a one year extension must be made a minimum of 60 days prior to the expiration date of the phase. 25. 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. SECTION H. This Ordinance shall take effect from and after 30 days of its passage by the City Council. I � 111 11; Iii P�l IF I'll Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk 171FYi7 /li 11 Ili a WHEREAS, Kalispell National Investment Company, owners of the certain real property described above, have 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 April 8, 2008, on the proposal and reviewed Subdivision Report #KPP-07-14 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Bloomstone Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of April 21, 2008, reviewed the Kalispell Planning Department Report #KPP-07-14, 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-07-14 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Kalispell National Investment Company for approval of the Preliminary Plat of Bloomstone Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: General Conditions: 1. All conditions set forth in the Spring Prairie Planned Unit Development Agreement shall be followed. 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. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 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 3.09(L)). Prior to final plat: 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. (Findings of Fact Section C) 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. (Kalispell Design and Construction Standards) 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. (Kalispell Design and Construction Standards) Note: The water line extension from Reserve Loop shall be looped 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. 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. (Kalispell Design and Construction Standards) 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. 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. (Kalispell Design and Construction Standards) 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. (Kalispell Design and Construction Standards) 10. A 60-foot road and utility right-of-way shall be extended from Paintbrush Court and Mariposa Court in phase I to the north property boundary of the subdivision. (Findings of Fact Section D) 11. A combination of landscaping and curbing shall be placed at the intersection of the alley serving the townhouse lots in phase I 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. (Findings of Fact Section D) 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." (Findings of Fact Section D) 13. A noise study shall be completed prior to the final plat approval of phase IA. 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 IA. (Findings of Fact Section A) 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. 14. A letter from the Montana Department of Transportation 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. (Findings of Fact Section D) 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. 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 IA. The earth berm shall be constructed to accommodate a future bike trail and connections to adjoining streets or trails within phase IA. (Findings of Fact Section D) 16. A temporary turn around meeting International Fire Code standards shall be installed at the southern terminus of Foxglove Drive. (Findings of Fact Section A) 17. 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 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. 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. (Kalispell Subdivision Regulations, Section 3.11). Note: Rocks in the landscape boulevard are prohibited. 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. (Findings of Fact Section D) Note: The health and fitness trail shall be located with an open space area approximately 20 feet wide. 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. (Kalispell Subdivision Regulations, Section 3.09) 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. (Kalispell Subdivision Regulations, Section 3.18) 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. (Kalispell Subdivision Regulations, Section 3.22) 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 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)) 24. The developer shall obtain the necessary permits from the Bonneville Power Authority (BPA) for construction of the stormwater detention pond and parking lot as shown on the conceptual PUD site plan. (Project proposal) On going conditions: 25. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 26. 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. -• •....• ��T-r?VE-Uff • 1 • •C •'• Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk City of Kalispell Planning & Building Department 201 1"Ave East, Kalispell, Montana 59901 Planning Telephone: (406) 758-7940 Building Telephone: (406) 758-7730 Fax: (406) 758-7739 Website: www.kalispell.com April 15, 2008 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Kalispell National Investment Company request for amendments to the Spring Prairie Planned Unit Development and preliminary plat approval for the first phase of the Bloomstone subdivision Dear Jim: The Kalispell City Planning Board met on April 8, 2008 and held a public hearing to consider a request from the Kalispell National Investment Company to amend the existing R-4/PUD zoning on an 85.2 acre property and develop the property as a residential subdivision called Bloomstone. The overall project will be developed in 5 phases providing a total of 569 dwelling units. The developer is also requesting preliminary plat approval for phases IA and 1B of the project. Phase IA consists of 8- 8 plex apartment units, 74 single family residential lots, and 10 townhouse lots. Phase 113 consists of 37 single family residential lots. The residential lots will range in size from 2,400 square feet (townhouse lot) to 8,000 square feet. The 85.2 acre site can be legally described as parcel 3 of Certificate of Survey 17217 located in the SW 1/4 of Section 36, Township 29 North, Range 22 West. The property is located immediately west of the Kids Sports complex on the north side of Four Mile Drive, approximately 1/2 mile west of the intersection of Four Mile Drive and Highway 93 North. Sean Conrad of the Kalispell Planning Department presented staff reports #KPUD-07- 7 and KPP-07-14 evaluating the proposed project. Staff recommended the planning board recommend approving a majority of the requested amendments to the existing Planned Unit Development and the preliminary plat for the first phase of the subdivision subject to the conditions listed in the staff report. During the public hearing portion of the meeting the developer and his consultant team spoke in favor of the proposed project. Two members of the public also spoke on the project. Their concerns were the interactions between the project and Kids Sports complex, acquiring adjacent lands for park development and possibly increasing the open space and park areas within the subdivision. After the public hearing was closed the planning board discussed the proposed project. Two main concerns brought up during the planning boards discussion were grading along Four Mile Drive and limiting alley access onto Treeline Road. As part of the overall project the developer intends to lower the southern portion of the project site. This would in -turn require Four Mile Drive to be lowered approximately 12 feet. The planning board was concerned with the property owner south of Four Mile Drive gaining reasonable access to Four Mile Drive when the road is lowered in conjunction with the Bloomstone project. Therefore, the planning board recommended amending condition number 7 of the PUD regarding the grading of the site and added that "the subdivision and roadway grading presented shall be designed and constructed in a manner that would allow future connection to the properties south of Four Mile Drive be feasible." This amendment passed on a vote of 3 to 2. The second issue discussed by the planning board was limiting traffic access onto an alley serving 22 townhouse lots in phase 1B. The alley is proposed to have an entrance/exit onto Treeline Road between Waterleaf Lane in phase 1B and Nightshade Drive in phase 2. Treeline Road will be designed to function as a collector roadway and, therefore, the number of access points onto Treeline Road, whether a street or an alley, should be limited. The Public Works Department had recommended that the alley serving the townhouse lots in phase 1B include removable bollards at the alley's intersection with Treeline Road to prohibit daily traffic movements from entering or exiting at this location. By using the removable bollards the alley could still be used by emergency vehicles if necessary. Before the planning board hearing the developer requested changing the language in the condition to remove the requirement for bollards and instead allow him to come up with a landscaping and curbing plan that would accomplish the same access restrictions as the bollards. The developer requested this because he felt that bollards would not aesthetically tie into the surrounding neighborhood he is creating. During the planning board discussion on the issue some members of the board had concerns with blocking the alley off for strictly emergency vehicles. Concerns were also raised about garbage collection and snow storage. However a majority of the planning board members agreed with the Public Works Department's recommendation about restricting access from the alley onto Treeline Road. A motion to remove recommended condition number 35 failed on a vote of 4 to 1. After discussing the proposed project the planning board unanimously recommended approval of both the planned unit development and preliminary plat requests subject to staff's conditions as amended. Please schedule this matter for the April 21, 2008 regular city council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Bryan H. Schutt President Attachments: Staff report #KPUD-07-7 and KPP-07-14 Minutes of the 3 / 11 / 08 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Kalispell National Investment Company 124 Swan Ridge Court Kalispell, MT 59901 Morrison-Maierle, Inc. 1228 Whitefish Stage Road Kalispell, MT 59901 EXHIBIT A CONDITIONS OF • FOR THE BLOOMSTONEi AND PRELIMINARY PLAT FOR PHASE 1 RECOMMENDED BY THE KALISPELL PLANNING BOARD MARCH 11, • • MOU106 • • .0 PUD Conditions 1. The Planned Unit Development for Bloomstone allows the following deviations from the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance: A. Kalispell Zoning Ordinance, Section 27.07.040 (1) (Minimum lot area) Allows the minimum lot area to be reduced from 6,000 square feet to 4,290 square feet for single-family lots. B. Kalispell Zoning Ordinance, Section 27.07.040 (2) (Minimum lot width) Allows the minimum lot width to be reduced from 50 feet to 40 feet for single- family lots. C. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Minimum building setbacks) Allows zero side yard setbacks for the Z-lots. D. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Front setback encroachment) Allows the front setback reduced to 10 feet. Such reduction shall only apply to the single family residential houses. The multi -family buildings would need to meet the 15-foot setback provided for in the R-4 zoning district. All garages shall be a minimum of 20 feet from the front property line except for garages on the Z-lots that are parallel to the adjacent street. These garage may be within 10 feet of the front property boundary. E. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Rear setback encroachment) Allows a 5 foot setback on the Z-lots where the lot size is less than 5,000 square feet. Garages may be constructed within 5 feet of the rear property boundary only if the garage doors do not face the alley. If garage doors are facing the alley then a minimum of 10 feet from the property line to the eave of the garage shall be required. F. Kalispell Zoning Ordinance, Section 27.07.040 (5) (Permitted lot coverage) Allows an increase to 54% lot coverage on the 6,000 square foot lots and only restricts lot coverage on the Z-lots as to construction within the required setbacks. G. Kalispell Zoning Ordinance, Section 27.24.050 (6) (Subdivision identification signs) Allows an increase in the number and size of subdivision identification signs within the project. The text and associated graphics for the two primary entry monument signs shall be a maximum of 35 square feet, 3 1/2 feet tall and 10 feet long. The secondary monument signs shall have text and associated graphics no larger than 1 1/2 feet tall and 5 feet long for a total of 7 1/2 square feet. The signs shall not exceed 6 feet in height and shall be located outside of site visibility triangles of the adjacent intersections. H. Kalispell Subdivision Regulations, Section 3.09 (Streets and Roads - Design Standards) Allows curb bulbs to be used at the intersection of local streets. I. Kalispell Subdivision Regulations, Section 3.09 (G) (Streets and Roads - Design Standards) Allows the north/south street in phase 3, shown as Juneberry Street on the conceptual site plan, to terminate in a private roadway. J. Kalispell Subdivision Regulations, Section 3.06 (I) (Through lots) Allows 8 through lots in phase 2, designated lots 1-8 as shown on the conceptual site plan. Refer to condition 2. H for fence height. 2. The development of the 85.2 acre site shall substantially comply with the following maps and elevations submitted as part of the Planned Unit Development application: A. Conceptual Site Plan, Exhibit A-1 B. Data Table, Exhibit A-2 Note: Off-street parking requirements shall meet the Kalispell Zoning Ordinance minimum requirements. C. Conceptual Phasing Plan, Exhibit D D. Single Family, Z-lot and Apartment Building elevations E. Lot Typicals, Exhibits E-1, E-2, E-3, F-1, and F-2 Note: Building setbacks and lot coverage subject to approved PUD conditions. If a lot is located between a street and alley garages shall be located off of the alley. F. Conceptual Open Space and Landscape Plan, Exhibit H G. Pedestrian path detail between Bloomstone and Kids Sports complex H. Conceptual Fencing Plan, Exhibit I Note: Fencing along Treeline Road shall be a maximum of 3 1/2 feet and fencing on the north and south sides of phase 3 shall be removed. I. Conceptual Lighting Plan, Exhibit J-1 Note: All lighting must comply with Kalispell Zoning Ordinance J. Conceptual Entry and Fencing Themes, Exhibits T-1, T-2, T-3, T-4, T-5 K. Conceptual Trail Plan and Detail, Exhibits P-1 and P-2 Note: Trail width shall be determined by the Parks and Recreation Department and trail construction shall meet city standards. L. Typical Street Details, Exhibits G-1, G-2, L-1, L-2, and L-3 Note: All roads shall be designed to meet the city's minimum roadway widths except as permitted through this PUD. Monument signs shall be located outside of the right-of-way. 3. Development of the site shall adhere to the Bloomstone conceptual site plan. Note: The implementation of the conditions may result in the loss of dwelling units. 4. Upon submitting a preliminary plat application for phases 4 and 5 the developer shall provide further details for the future club house in phase 4 and community center in phase 5. The details shall include at a minimum the size, elevations, and floor plan of the buildings. 5. Prior to issuance of a building permit for the multifamily units in phases 1, 4 and 5 of the Bloomstone project, the developer shall provide the city with a trail connection plan for review and approval. The plan shall illustrate how trails and sidewalks within the development will connect with existing or future trails or sidewalks. 6. Prior to final plat approval of phase 2 Treeline Road shall be extended to Four Mile Drive. That portion of Treeline Road from the south boundary of phase 2, south to Four Mile Drive, shall be improved to provide an all weather access for emergency vehicles to travel on the roadway. 7. Upon submitting a preliminary plat application for phase 2 the developer shall provide the city with a detailed grading plan and identify those areas that will need a retaining wall over 3 feet for phases 2, 3, 4 and 5 including both the north and south sides of Four Mile Drive. These walls shall be subject to review by the city's site review committee for aesthetic purposes. Recommendations for aesthetic treatment of the retaining walls shall be forwarded on to the planning board and city council for consideration. Note: The subdivision and roadway grading presented shall be designed and constructed in a manner that would allow future connection to the properties south of Four Mile Drive be feasible. 8. The internal streets proposed for the condominium project in phase 5 shall be required to include sidewalks on both sides unless a deviation from the city's street standards is requested. Garages for the condominium units shall be required to be a minimum of 20 feet from the sidewalk or edge of curb to discourage vehicles encroaching on the sidewalk or street. 9. The 11.3 acres immediately north of Bloomstone shall be shown as R-4 / PUD zoned property under the ownership of the Department of Natural Resources and Conservation (DNRC) on all future preliminary and final plans unless instructed otherwise by the DNRC or City of Kalispell. 10. The power, phone, natural gas and cable television lines shall be located within the alley right-of-way. Where an alley is not adjacent to the lot the power, phone, natural gas and cable television lines shall be located within a separate 5-foot easement outside of the road right-of-way easement. 11. Staking by a licensed surveyor for each lot under 6,000 square feet shall be in place prior to and during construction of homes on the lots to assure setbacks are being met. Staking for building foundations shall be offset from the foundation to assure stakes are in place during and after excavation of the building pad. 12. Condominium or apartment association shall be created for the maintenance of the areas immediately surrounding the multi -family buildings in phase IA, 4 and 5. 13. The developer shall provide the Parks and Recreation Department with a park improvement plan for the two tot lots in phase IA, health and fitness trail, and one acre park in phase 4. At a minimum the park improvement plans shall include trails connecting with adjoining trails or sidewalks, turf, irrigation, and landscaping within the parks and a Ramada for the tot lot in phase IA. The developer shall provide other park amenities including but not limited to security lighting, children's play equipment, benches, trash receptacles, and drinking fountains, where appropriate. The plan shall be reviewed and approved by the Parks and Recreation Department in conjunction with the Police Department for the security lighting. 14. Prior to the final plat of phase IA the developer shall provide the city with a cash in lieu payment of 5.55 acres of land less the area of parkland for phase IA. At the time the city is prepared to acquire the 11.3 acres of land immediately north of the Bloomstone subdivision, the remaining 10.52 acres of land shall be provided as a letter of credit for the city to draw upon. The cash in lieu payment and letter of credit value shall be based on the unimproved fair market value of the land devoted to lots. Note: At the time the Department of Natural Resources and Conservation land is acquired the remaining letter of credit funds shall be drawn upon to complete park improvements per the schedule approved in the park master plan referenced in condition 15. 15. Prior to preliminary approval of phase 2 the Parks and Recreation Department in cooperation with the developer shall develop a park master plan for the 11.3 acre land immediately north of Bloomstone currently owned by the Department of Natural Resources and Conservation. The plan shall be implemented by the developer in a phasing schedule approved by the city council with input from the Parks and Recreation Department and planning board. Note: Development of the 11.3 acre land does not include the construction of a community center, swimming pool or any other facility not agreed upon in the park master plan. 16. Specifications for the bike/pedestrian trail construction shall meet current city standards with the width of the trail determined by the Parks and Recreation Department. 17. A park maintenance district shall be formed in accordance with section 7-12- 4001 MCA incorporating all the lots within the Bloomstone subdivision. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Such a district shall become effective upon recording the final plat of phases 1-5 of the Bloomstone subdivision. 18. In the event the Homeowners Association fails to maintain its properties, the park maintenance district program may be initiated by the city to provide maintenance for some or all of the public or private improvements. 19. The developer shall provide the Parks and Recreation Department a landscaping and irrigation plan for the common areas within the project site. The approved planting and irrigation plan shall be installed prior to final plat approval of the respective phase or appropriate bonding provided. 20. A 3 1/2-foot tall vinyl fence shall be installed by the developer abutting the rear property boundary of lots 40-46, 59-65, and 99-105 of phase IA, lots 81A and 80 of phase 113, and lots 28A and lots 1-8 of phase 2. All fencing shall be installed prior to final plat approval of the pertinent phase. 21. A note shall be placed on the final plat for phases 1 A, 1 B and 2 prohibiting the property owners of lots 40-46, 59-65, and 99-105 of phase 1A, lots 81A and 80 of phase 1B, and lots 28A and lots 1-8 of phase 2 from installing any additional rear yard fencing. 22. A note shall be placed on the final plat of each phase including alleys stating that the alleys shall be privately maintained. 23. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal for each phase. The minimum of two-thirds of the necessary infrastructure shall include the extension of water and sewer mains to the site and the necessary upgrades to the existing sewer lines to transport effluent back to the city sewage treatment plant. 24. The first phase, phase IA, shall be filed within three years of approval of the effective date of the preliminary plat of phase IA. Each successive phase shall be filed within two years of final plat approval of the previous phase. In all events, each phase shall be freestanding in terms of public infrastructure, services, parks and open space. The city council may grant one year extensions for each phase of the project. A request for a one year extension must be made a minimum of 60 days prior to the expiration date of the phase. 25. 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. Bloomstone Phase 1A and 1B Subdivision Conditions General Conditions: 26. 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) 27. 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)). Prior to final plat: 28. 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. (Findings of Fact Section C) 29. 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. (Kalispell Design and Construction Standards) 30. 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) Note: The water line extension from Reserve Loop shall be looped 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. 31. 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. (Kalispell Design and Construction Standards) 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. 32. 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. (Kalispell Design and Construction Standards) 33. 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. (Kalispell Design and Construction Standards) 34. A 60-foot road and utility right-of-way shall be extended from Paintbrush Court and Mariposa Court in phase IA to the north property boundary of the subdivision. (Findings of Fact Section D) 35. 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. (Findings of Fact Section D) 36. 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) 37. A noise study shall be completed prior to the final plat approval of phase IA. 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 IA. (Findings of Fact Section A) 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. 38. A letter from the Montana Department of Transportation 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. (Findings of Fact Section D) 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. 39. 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 IA. The earth berm shall be constructed to accommodate a future bike trail and connections to adjoining streets or trails within phase IA. (Findings of Fact Section D) 40. A temporary turn around meeting International Fire Code standards shall be installed at the southern terminus of Foxglove Drive. (Findings of Fact Section A) 41. 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 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. 42. 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. (Kalispell Subdivision Regulations, Section 3.11). Note: Rocks in the landscape boulevard are prohibited. 43. 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. (Findings of Fact Section D) Note: The health and fitness trail shall be located with an open space area approximately 20 feet wide. 44. 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) 45. 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) 46. 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. (Kalispell Subdivision Regulations, Section 3.22) 47. 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)) 48. The developer shall obtain the necessary permits from the Bonneville Power Authority (BPA) for construction of the stormwater detention pond and parking lot as shown on the conceptual PUD site plan. (Project proposal) On going conditions: 49. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 50. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development.