3. Ordinance 1678 - Amendment - Willow Creek Planned Unit Development - 1st ReadingReturn to:
Theresa white
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
WHEREAS, Wayne Turner, then owner of the property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tract of land
be zoned R-3, Urban Single Family Residential, with a Planned Unit Development
overlay on approximately 139 acres of the total of approximately 165 acres of land,
and
WHEREAS, the property is located on the north side of Foys Lake Road 1r mile west of the
current city limits along Meridian Road, and
WHEREAS, on December 17, 2007, the City Council, after considering all the evidence submitted
on the proposal to zone the property as described R-3, Urban Single Family
Residential with a Planned Unit Development overlay, found such zoning to be
consistent with the Kalispell Growth Policy 2020 and adopted the findings of fact of
the Kalispell Planning Department as set forth in Staff Report No. KPUD-07--1 with
certain amendments, based upon the criterion set forth in Section 76-3-608, M.C.A..,
and State, Etc. v. Board of County Conumssioners Etc. 590 P2d 602, and;
WHEREAS, Trigon, Inc., the successor in interest to the above -described property has applied to
amend the Planned Unit Development by reducing the number of lots and modifying
the housing type to include primarily single family residential; and
WHEREAS, the Kalispell City Planning Board and zoning Commission held a public hearing on
May 11, 201.0, on the proposal and reviewed Staff Report ##KPUD--10-1 issued by the
Kalispell Planning Office and made its recommendation to the City Council to
approve the amendments to the Planned Unit Development upon certain listed
conditions; and
WHEREAS, on July 5, 2010, the City Council, after considering all the written and oral evidence
submitted on the proposal to zone the property as described R-3, Urban Single
Family Residential with amendments to the Planned Unit Development overlay,
found such zoning to be consistent with the Kalispell Growth Policy 2020 and
adopted the findings of fact of the Kalispell Planning Department as set forth in Staff
Report No. KPUD-10-1, based upon the criterion set forth in Section 76-3-608,
I.C.A., and State, Etc. v. Board of Count Com-n-ussioners Etc. 590 P2d 602.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning leap of the Kalispell Zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the
property described above as R-3, Urban Single Family Residential with a
Planned Unit Development overlay on approximately 139 acres.
SECTION II. The Planned Unit Development proposed by Wayne Turner upon the real
property described above is hereby approved, subject to the following
conditions:
PUD Conditions
1. The Planned Unit Development for willow Creek allows the following deviations from the
Kalispell Subdivision Regulations and the Kalispell zoning Ordinance:
A. Kalispell Subdivision Regulations, Section 3.07, B (Blocks)
Allows the block lengths to exceed 1,200 feet as shown on the PUD plan referenced
in condition #2.
B. Kalispell Zoning Ordinance, Section 27.06.040 (1)(Minimum lot area in the R-3
zoning district)
Allows the minimum lot area to be reduced from 7,000 square feet to 4,000 square
feet for detached single-family lots and 2,400 square feet for townhouse lots.
C. Kalispell Zoning Ordinance, Section 27.06.040 (2)(Minimum lot width in the R-3
zoning district)
Allows the minimum lot width for single family detached lots to be reduced down to
40 feet and 24 feet for townhouse lots.
D. Kalispell Zoning Ordinance, Section 27.06.040 (3)(Minimum building setbacks)
Allows the front and side corner setbacks reduced to 15 feet. Rear yard setbacks are
reduced to 10 feet. Such reduction shall only apply to the house for front and side
corner setbacks. Garages shall meet the 20-foot setback provided for in the R-3
zoning district if accessed off of the street.
E. Kalispell Zoning Ordinance, Section 27.06.040 (5)(Permitted lot coverage)
Allows the permitted lot coverage to increase to a maximum of 70% for the row
house lots (lots 68-87, 95-126 and 247-258).
P. Kalispell Subdivision regulations, Section 3.06,E (Minimum Building Site)
Allows building sites on lots less than the 40' x40' required minimum.
C . Kalispell Subdivision regulations, Section 3.09,A (Streets And Loads - Design
Standards)
Allows a to -foot bike trail on the east side of the creek crossing with no boulevard
separation between the bike trail and street. This deviation also allows the use of the
10--foot bike trail in lieu of a sidewalk along Duxbury Loop between lots 168 and
169.
Note: Fencing along both sides of the creek crossing and a guard rail between the
trail and street shall be included in the creek crossing design for safety purposes
H. Kalispell Zoning ordinance, Section 27.22.090 (Fences, walls and Hedges)
Allowing fences 48 inches tall within or bounding the front setback area in all areas
of the proposed subdivision. This only applies to fences and in no case shall the
fence be solid.
Z. The development of the 140 acre site shall substantially comply with the following maps and
elevations submitted as part of the Planned Unit Development application:
A. Housing exhibits and typical lot elevations
B . All street and alley cross sections
Note: All roads shall be designed to meet the city's minimum roadway widths
Boulevard widths shown on the street cross sections shall not be reduced.
C. Trail cross section
D. Land Use Key
B. Parks and open space landscaping and improvement plans
Note. These plans will be modified by additional conditions of approval
3. The willow Creek conceptual site plan shall be revised to incorporate the conditions of
approval of the PUD and preliminary plat to provide for the total number of dwelling units
on the site. The revised site plan shall be submitted prior to the final plat of phase 1.
Note: The implementation of the conditions may result in the loss of lots.
4. On the final plat containing townhouse lots, all townhouse lots shall be identified as A, B, C
etc. with the lot number to correspond to the parent lot.
5. Corner lots under 6,000 square feet in size shall have a minimum lot width at the front lot
line of 45 feet for detached single family lots and 35 feet for townhouse lots.
6. All lots adjacent to an alley are restricted to have their driveways and garages accessed off of
the alley.
7. Alley construction shall include a concrete approach to the street.
8. The engineering designs shall include the use of bulb -outs allowing a maximum 22 foot wide
travel surface to reduce traffic speed and provide for a safer trail crossing along Plymouth
Crossing.
9. A trail shall be constructed between lots 330 and 331. The trail shall be located within a
minimum 15-foot wide right-of-way with the trail width and construction standards
determined by the Parks and Recreation Department. The trail right--of-way shall be shown
on the final plat and the trail shall be constructed or bonded for to the approved width and
construction standards prior final plat approval.
10. 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. Staring for
building foundations shall be offset from the foundation to assure stares are in place during
and after excavation of the building pad.
11. A minimum of 14.13 acres of developed parkland shall be provided within the willow Creek
subdivision.
Note: Parkland is based on the minimum requirement of 0.03 acres per dwelling unit. The
14.13 acres is based on a total of 471 dwelling units which may change if lots are eliminated.
12. Prior to final plat approval of phase 1 the developer shall provide a detailed design of the
open space along Poys Lake Road which shall reflect the cross-section and perimeter
treatment approved in 2007. The plan shall include the following:
A. The landscaping shall include a combination of native bushes and groundcover.
B. Incorporate the common fence and associated landscaping required in condition 13.
C. The retaining walls shall be a split faced rock, as the approved willow Creek PUD
application included, with retaining walls not exceeding 3 feet in height before a
landscaped retaining area, a minimum of 4 feet in width, is provided.
D. The walls shall begin and end by tapering into slopes exceeding a 3:1 ratio.
The plan shall be reviewed and approved by the planning department and parks and
recreation department with improvements installed in accordance with an approved
schedule.
13. A five (5) foot tall vinyl fence shall be installed by the developer abutting the rear property
boundary of lots 1-7 of phase 3, lots 453--45 S of phase 2 and lots 459-471 of phase 1. The
fencing shall be located in the common area and shall be owned and maintained as a
common area feature. The fence shall comply ply with the fencing elevations approved for the
Willow Creek PUD. All fencing shall be installed prior to final plat approval of the pertinent
phase that they are located in.
Note: The developer shall provide for a visual screen for the fence along Foys Labe Road.
The visual screen shall include a combination of trees, bushes and green groundcover and
specifying tree and shrub type and size at the time of planting.
14. A note shall be placed on the final plat for phases 1, 2 and 3 prohibiting the property owners
of lots 1-7 of phase 3, lots 453-458 of phase 2 and lots 459-471 of phase l from installing
any additional rear yard fencing.
15. The developer shall submit a detailed cross --section from the edge of asphalt on the south side
of Foys Lake Road through the lots 463 and 468 to the north side of Duxbury Drive. The
cross sections shall be included with the engineering drawings for the subdivisions to be
reviewed and approved by the Public works Department.
16. A Homeowners Association shall be created for the maintenance of the bike trails in the
open space areas, storm water facilities, open space areas not dedicated to the city, , fencing
and retaining walls along Foys Labe Road and alleys within the willow Creek subdivision.
The maintenance provisions in the homeowners association shall include mowing or
trimming the grasses within the common area to reduce the fire hazard and spread of noxious
weeds and maintain an aesthetic and pleasing appearance. The association shall be
established prior to the final plat of phase 1.
Note: Maintenance along Foys Lake Road shall include the open space areas and boulevard
.maintenance up to the edge of Foys Lake Road.
17. The developer shall provide the Parks and Recreation Department with a revised park
improvement plan and layout of pans A, C, and E. In addition to the plans submitted with
the application, improvements to the parrs shall include top soil, irrigation, landscaping,
playgrounds, benches, trash receptacles, hard surface play areas and gazebos. The specific
improvements to each park shall coincide with the details listed under section E of the PUD
report. The plan for each park shall be reviewed and approved by the parks and recreation
department in conjunction with the Police Department for the security lighting.
18. The developer shall provide minor amenities (i.e. benches, picnic tables and trash
receptacles) within the open space area along Ashley Creek. A plan of these amenities shall
be provided to the Parks and Recreation Department and Montanan Department of Fish,
Wildlife and Parrs for review and approval.
19. Lots 413 and 414 shall be removed and the corner of Park F surrounded by lots 422-430 shall
be modified to incorporate the land in the surrounding lots. The southern access trail to
Duxbury Loop shall be moved east between lots 429 and 430. The revised parr design shall
be reviewed and approved by the Parks and Recreation Department prior to the final plat of
phase 2.
20. A pedestrian/ bike path plan shall be provided to the Parks and Recreation Department and
Police Department which includes the pathway width, construction materials, and security
lighting for the paths located throughout the willow Creek subdivision. Specifications for
the bike path construction will be determined by the Parks and Recreation Department with
recommendations provided by the Montana Fish, wildlife and Parks in areas where the path
comes within 200 feet of the high water line of Ashley Creek. The pedestrian/ bike path plan
shall also provide for a connection to the future bike path along the Highway 93 alternate
truck route at Foys Lake Road and at the Ashley Creek Crossing in the northeast corner of
the subdivision and at highway 2.
21. The park areas shall be dedicated and improved in accordance with an approved plan by the
Parks and Recreation Department pursuant to the following phasing plan:
A. Phase 1 — Provide a cash in lieu payment to be held by the city until park F is
improved and dedicated.
B . Phase 2 — Dedicate and improve park B
C. Phase 4 — Dedicate and improve park C. In addition, the streets surrounding park C,
Suffolk way and van Ness Drive, will need to be constructed.
D. Phase 6 —Dedicate and improve park A
22. The trail system shall be constructed in accordance with the approved plan by the Parks and
Recreation Department pursuant to the following phasing plan:
A. Phase 1 — Construct the trail along the subdivisions entire length of Foys Lake Road
and connect to sidewalks at the intersection of Foys Lake Road and the alternate
truck route.
B. Phase 3 -- Construct a portion of the trail in parr B from the existing trail along Foys
Lake Road north to connect with the trail planned for the south side of Ashley Creek
in the MDT right -of way.
C. Phase 5 — Construct the entire length of the trail shown in park A.
D. Phase d - Complete the trail within park B
23. A park maintenance district shall be formed in accordance with section 7-1 Z-4001 MCA
incorporating all the lots within the willow Creek 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 of each phase of the final plat of phases 1-8 of the willow Creek subdivision.
24. 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 required to be maintained by the Homeowners
Association.
25. The developer shall provide the Pans and Recreation Department a revised landscaping and
irrigation plan for the open space areas within the PUD site. The approved landscaping and
irrigation plan shall be installed per the phased improvement schedule for Foys Lake Road
specified in condition 48 of the preliminary plat approval and park and trail improvement
schedule specified in conditions 21 and 22. (Findings of Pact Section D)
26. The right-of-way for Plymouth Crossing shall extend to the eastern edge of tract 1 of COS
18395.
27. The following design standards and conditions are required for the trail crossing north of the
PUD site:
A. An at grade trail crossing shall be designed to AASHTO guidelines for trail path
design and construction as well as the Americans with Disabilities Act Access
Guidelines. Access ramps shall include detectable warning strips.
B. Signs shall be placed in the right-of-way both north and south of the trail informing
vehicles of the upcoming trail crossing and narrowed street width.
C. Manually activated flashing lights warning vehicles of pedestrians or bicyclists
crossing the street shall be located on both the east and west sides of the street.
D. The street design shall utilize lane narrowing and reduce the vehicle travel surface
width down to 22 feet.
B. The trail crossing at the street shall include stamped colored concrete the width of the
trail.
The trail crossing designs shall be reviewed and approved by the Montana Department of
Transportation (MDT), Flathead County and City of Kalispell prior to construction.
Note: To construct the recommended improvements the developer may be required to work
outside of an existing Zoo foot wide easement the developer currently has for the street
crossing. 1f this is the case, the developer will need to acquire authority to work outside of
the Zoo foot easement from Flathead County and MDT.
28. The developer shall provide a plan for construction crossing and temporary trail closure for
the city, county and MDT to review and approve. The plan will need to include the
following:
A. Tirneframes of when construction equipment will be crossing the trail and when and
for how long the trail is expected to be closed for the street construction at any given
time as well as a trail relocation program
B. Signs and sign locations notifying trail users of construction equipment crossing the
trail and temporary closure of the trail
C. A maintenance plan for the trail to address damage and dirt/debris removal caused by
equipment crossing the trail
D. Bonding provisions t❑ address damage and clean up of the trail and provide for funds
to finish the trail reconstruction at the street crossing
This plan shall be approved prior to final plat approval of phase 1.
29. 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 1 o-foot easement outside of the road
right-of-way easement.
30 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 improvements to transport effluent back to the city sewage treatment plant.
31 The final plats for the willow Creek subdivision shall be filed consecutively from phase 1
through phase 8. The first phase shall be filed within three years of approval of the effective
date of this PUD. Each successive phase shall be filed within two years of final plat approval
of the previous phase.
32 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 that shall be
completed and accepted by the city prior to final plat approval of phase 1.
33. The bike/pedestrian trail will continue on the north side of the Willow Creek development,
cross under the street in a box culvert and then proceed north back to the original trail.
SECTION III. The balance of Section 27.02.010, official Zoning Map, city of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION IV. This ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF I ALIS PELL, MONTANA, THIS 19TH DAY OF DULY, 2010.
Tarnm i. Fisher
Mayor
ATTEST:
Theresa White
City Clerk
July 1, 2010
Kalispell City Council
201 1 "Avenue East
PO Box 1997
Kalispell, MT
59903
RE: willow Creek
Dear Council Member:
Last week you were given an application to amend the 'Willow Creek PUD that was approved by the City Council in
December of 2007. Over the last three years, a number of engineering challenges as well as requirements from the
city staff have prompted us to rethink some of the design features of this project. As a result, I feel that we have been
able to maintain the personality of thePI..UD, while at the same time addressing the engineering concerns and the
staff requirements that have been brought to light.
As a matter of course, we were provided a copy of both the staff report and proposed conditions of approval that
were approved by the planning board. while I agree that many of the comments and conditions in the staff report
are reasonable and appropriate, there are others which I feel should be looked at closely prior to them being imposed
on this project. The conditions which we have concerns are as follow:
Condition 5: Corner lots under 6,000 square feet in size shall have a minimum lot width at the front lot line
of 45 feet for detached single family lots and 35 feet for townhouse lots.
During to the review process, we were asked to demonstrate how a home could be built on these corner lots.
Included in your binder you will find an illustration of how this can be accomplished. with that in mind we were
puzzled by this condition. when we consulted with the planning office we were told that this condition was being
placed on the PUD because of a concern that there would not be enough room on these dots for dry utilities (gas,
power, phone, and cable) to be installed in the side yard of these lots. My discussions with Flathead Electric
Cooperative and Northwestern Energy :indicate that in most if not all cases dry utilities will not need to be installed
in these side yards, and if they were needed the likelihood that they would ever need to be serviced by excavation is
so remote as to not be a concern. However, if the Council believes that this continues to be a concern I feel that a
condition that addresses the dry utilities directly would be more appropriate. This condition as written would
require that at least 10 lots be removed from the PUD with no reduction in the cost of constructing the project. This
burden could be reduced or avoided by either removing this condition or amending it to address dry utilities directly.
It is also worth mentioning that the approved plan for willow Creek has corner lots of this type and no condition of
this type was imposed on that plan.
Condition 19: Lots 413 and 414 shall be removed and the corner of Park L surrounded by lots 422-430 shad
be modified to incorporate the land in the surrounding lots. The southern access trail to Duxbury Loop shall
be moved east between lots 429 and 430. The revised park design shall be reviewed and approved by the
Parks and Recreation Department prior to the final plat of phase 2.
This condition, like condition 5 above, requires that lots be subtracted from the project without a real benefit to the
project. This condition seems arbitrary, and I fail to see how it would substantially improve the project. These lots
need not be removed to make the parr area they abut usable or accessible. I have been given little justification for
this condition even though it will deduct two lots from the total of the project withou[ providing for any cost savings.
Revenue losses like this and those required by condition 5 seriously impact the viability of a project designed to
provide workforce housing to Kalispell.
Condition 21: The park areas shall be dedicated and improved in accordance with an approved plan by the
Parks and Recreation. Department pursuant to the following phasing plan.
A. Phase 1-- Provide a cash in lieu payment to be held by the city until park L is improved and
dedicated.
B. Phase 2 -- Dedicate and improve park E
C. Phase 4 — Dedicate and improve park C. In addition, the streets surrounding park C, Suffolk
Way and Van Ness Drive, will need to be constructed.
D. Phase 6 —Dedicate and improve park A.
Condition 22: The trail system shall be constructed in accordance with the approved plan by the Parks and
Recreation Department pursuant to the following phasing plan:
A. Phase l — Construct the trail along the subdivisions entire length of Foys Lake Road and connect
to sidewalks at the intersection of Foys Lake Road and the alternate truck route.
B. Phase 3 — Construct a portion of the trail in park B from the existing trail along Poys Labe Road
north to connect with the trail planned for the south side of Ashley Creek in the MDT right-of-
way.
C. Phase 5 — Construct the entire length of the trail shown in park A.
D. Phase 5 — Complete the trail within park B.
These two conditions deal with the same issue and I would like to address them together. Since the outset of this
project, there have been conditions imposed to front load the costs of the project. I feel that this is entirely
inappropriate. The subdivision regulations require that each phase of a project stand on. its own. This is done so that
if a project is not completed past phases will not be burdened by unrealized promises c-Yf the future. However, these
two conditions go far beyond this. They require that parkland and bike paths be dedicated,, improved and
constructed for lots that are not scheduled to be built for years. Park B alone will satisfy the parkland requirement
for the first 227 lots of the subdivision. This threshold will not be crossed until phase 6 is platted in the late summer
of 2013. Condition 21 requires that ALL of the parkland be dedicated and improved by this time.
The same can be said for the bike paths that are proposed throughout the project. These paths were volunteered by
us to create an amenity for the homeowners of willow Creek, as well as the community as a whole. Frankly, I find
the idea of a condition dictating when an amenity that is not required to be in the project is to be constructed to be a
bit of a reach. This is further complicated by the fact that condition 22 requires that paths be constructed in areas
that will have significant construction, excavation and grading taking place after the paths are constructed. The idea
of an amenity is lost in the idea that a bike path would be going through a construction zone, not to mention the
inherent safety risks that arise from mixing pedestrians and construction equipment.
Our proposal, which is outlined in the phasing narrative, does not vary greatly from conditions 21 and 22. But, our
proposal is based on the idea that the parkland, open space, and bike/pedestrian paths should be constructed in the
phase which they are in. If sufficient parkland is not available in a phase, some sort of bonding should be put into
place to insure that future homeowners are not taken advantage of.
41
Condition 28: The developer shall provide a plan for construction crossing and temporary trail closure for
the city, county and MDT to review and approve. The plan will need to include the following:
A. Timeframes of when construction equipment will be crossing the trail and when and for how
long the trail is expected to be closed for the street construction at any given time as well as a
trail relocation program
B. Signs and sign locations notifying trail users of construction equipment crossing the trail and
temporary closure of the trail
C. A maintenance plan for the trail to address damage and dirt/debris removal caused by
equipment crossing the trail
D. Bonding provisions to address damage and clean up of the trail and provide for funds to finish
the trail reconstruction at the street crossing
This plan shall be approved prior to final plat approval of phase 1.
I do not object to this condition. However, I would like to remake the council aware that since the path in question is
owned, regulated, and maintained by Flathead County it is my intention to post the reclliired bond with the county
and provide the City of Kalispell a letter indicating that the bond was posted.
Condition 48: Prior to the final plat of phase 1, 2 and 3 Foys Lake Road, along the particular phase's
frontage, shall be upgraded to urban collector standards. The improvements shall include widening the
roadway from the center line of the roadway north, deceleration and acceleration lanes for the two street
intersections as required, installing street lights and street trees in addition to the landscaping proposed
within the open space areas adjacent to the road. The 10-foot wide meandering bike/pedestrian path shall
provide the pedestrian access normally provided by a 5-foot sidewalk. All improvements shall be reviewed
and approved by the Kalispell Public works Department and Montana Department of Transportation.
(Traffic Impact Study and Findings of Fact Section D)
In my opinion this condition is extra -regulatory. There is no regulation that I am aware of that requires that
developers to widen, curb, rebuild or otherwise improve existing roadways adjacent to subdivisions. The
regulations state only that a Traffic Impact Study should be done, and that any mitigation measures recommended
by the TIS should be implemented. This ensures that developments will not place undue traffic impacts on the
community and that transportation infrastructure will continue to function despite an increase in traffic. In short, the
TIS and its recommendations insure that growth pays for growth. To make sure that this is case our TIS will be
continually updated throughout the project. However, to place a condition on a development that specifically
requires that a specific off site improvement be made that is not in the TIS is extra -regulatory and inappropriate.
When I asked the Public works Department why this condition was being added to the requirements of the TIS I
was told that it was because of the City of Kalispell Transportation Plan. we then began to study this plan to
understand why it recommended mitigation when all the evidence contained in the TIS showed that it was not
justified. what we found was that the data used in the transportation plan is critically flawed and over estimates the
traffic on Foys Lake Road by more than double of what actually exists.
A condition like this would also be unprecedented in the City of Kalispell. I have reviewed several of the approvals
for large sub -divisions over the last 5 years. In none of them did I find any condition relating to traffic other than to
comply with the recommendations of a TIS. while it might be a good idea to widen and add curbs to Foys Lake
Road, it just is not appropriate to place this burden on a single development.
Condition 62: The water rights allocated to the developer, both surface and ground for the entire 140 acre
subdivision site, shall be transferred to the city with the filing of the first phase of the subdivision to insure
the orderly accounting of water rights and to protect the future water needs of the city of Kalispell for it
users. (Findings of Fact Section F)
Montana has always been a state where water rights have been of great importance. So much so that the legislature
saw fit to implement a law that outlines how water rights are to be dealt with in the event a property is subdivided.
The law directs that the water rights of a property to be subdivided shall either be severed from the property and
maintained by the developer, or that they be given to a homeowners' association for the subdivision. Requiring that
I transfer my water rights to the City of Kalispell as a condition of a subdivision not, only violates the road map laid
out by the legislature, but is also an unlawful taking of my property. In 2007 I was asked what we planned to do
with the water rights allocated to the property. I advised the planning office that it was my intention to sever the
water rights from the property and move them to another property. when Willow Creek was approved this
condition was placed on it. I opposed it then and now appeal to the council to remove i C from this staff report.
Finally, conditions I2, 171, 18, 20, 25, 55, and 56 all deal with parks and open spaces in willow Creek. These
conditions require that an improvements plan for these areas be submitted to the Parrs and Recreation Department.
While I certainly do not object to doing this, these conditions write Parks and Recreation a blank check to require
any improvement, whether the cost of that improvement is reasonable or not.
Specifically, condition 12 requires that a landscape plan be submitted for the open space along Foys Lake Road. I
understand very well that the aesthetics along Poys Lake Road are very important both, to the success of this project
and to the City as a whole. This is why in the landscape plan section of your binder I have submitted a plan to
address this. Admittedly, this plan was modified during the review process to address concerns that the planning
board had, but those concerns have been addressed. I think this plan meets and exceeds the requirements of
condition. 12, yet the condition remains in the staff report and opens the door for more demands to be made.
Condition 25 requires that a landscape and irrigation plan for all of the open space be submitted to parks and
recreation. Again, I do not object to doing this, only that there is no limit to what parks and recreation can ask for.
In the submittal binder there are detailed plans for landscape improvements to the open space. I encourage you to
take a look at it and ask that it be approved as part of the PUD approval. If, in your mind, there are deficiencies in
the plans that have been submitted I would ask that conditions be placed on the PUD that address the deficiencies be
put in place of granting city staff unlimited authority to require excessive improveMen ts.
Condition 55 requires that a letter be obtained from parks and recreation be obtained approving a street tree and
boulevard landscape plan. I do not understand why this condition is necessary either. A detailed street tree plan is
included in the application materials (see landscape plan page LA-1.8). If this plan is Iacking in some way please let
me know. Otherwise I request that it be approved as part of the PUD.
In total, there are 12 conditions in the staff report that deal with parks and open space issues. while some of these
conditions are to be expected, many of them are not. I feel that the materials included in the application materials,
as modified by the review process, effectively deal with these issues. If the submiitted plans are found to be
insufficient, I would ask that the council employ a more targeted approach to modifying them rather than the broad
strokes that are painted by the current conditions. The open ended nature of the conditions as written opens the door
for excessive demands that may not have been the original intent of the condition.
I will be attending the council meeting on July 6`h to advocate for this project and will be available to answer any
questions you might have at that time. If you would like to speak to me about these or any other issues before then
please do not hesitate to call me anytime at 261-0728.
Your consideration of these issues is appreciated.
Sincerely,
Hubert Turner
President
Trigon, Inc.
PLANNING FOR THE FUTURE MONT"A
June 28, 2010
Jane Howington, City Manager
City of Kalispell
P.C. Box 1997
Kalispell, MT 59903
Planning Department
201 1 s' Avenue East
Kalispell, MT 59901
Phone: (40 6) 758-7940
Fax: (406) 758-7739
www.kafispell.com/planning
Re: Amendment to the Willow Creek Planned Unit Development and Preliminary Plat
Dear Jane:
The Kalispell City Planning Board met on May 11 thand held a public hearing to consider a
request from Trigon, Inc. to revise the approved subdivision, Planned Unit Development
(PUD) and modify several conditions of approval for the Willow creek subdivision. The
revised project proposal includes a total of 471 lots, 397 single family residential lots and
74 townhouse lots. The lots range in size from a 2,400 square foot townhouse lot to
approximately 17,600 square foot single family residential lot. The proposed revisions
would create a primarily single family residential subdivision as opposed to the mix of
residential uses their previous project included. In addition to modifying the housing type
and lot design the developer would like the city and Montana Department of
Transportation to review an updated traffic impact study which takes into account the
future completion of the alternate truck route. The completion of the alternate truck route
may reduce the amount of off -site street improvements the current willow Creek
conditions of approval require the developer to complete. The revised project also removes
the main north/ south street through the subdivision and realigns two access points
proposed on Foys Labe Road.
The willow Creep subdivision is zoned R--3 (Urban Single Family Residential) with a PUD
overlay zoning district and is located on the north side of Foys Labe Road generally
between Valley Vieux Drive and Learn Lane. The subdivision's eastern boundary is located
along the alternate truck route right -of way for Highway 93. From its eastern boundary
the subdivision site continues crest just under �/2 mile along Foys Labe Road and ending at
the eastern boundary of the Stoneridge subdivision. Ashley Creek mares up the northern
boundary of the project site. The subdivision site encompasses approximately 140 acres
and can be described as Tracts 6 -12 of Certificate of Survey 18086 and located within the
N V2 and the N V2 of the S 1/2 of Section 13, Township 28 North, Range 22 West.
Sean Conrad, with the Kalispell Planning Department, presented staff report KPUD-10-1
and KPP- 10--1 and reviewed the proposed project. Mr. Conrad noted issues of concern
including the future street crossing of the rails to trails path located north of the
subdivision site. He also noted steep lots, proposed landscaping and final grading along
Foys Lake Road and depth of fill material in certain areas of the project site.
During the public hearing portion of the meeting the developer, Hubert Turner, spoke for
the project and answered questions from the board members. Following Mr. Turner's
presentation several members of the rails to trails committee spoke regarding the street
crossing of the existing trail north of the Willow creek site. Committee members and
members of the general public spore against the recommended at --grade street crossing of
the trail and requested a bridge crossing be a requirement of the project. other members
of the public had concerns with the aesthetics along Foys Lake Road and impacts to the
school system. A planner from. the Flathead County planning office was also present and
spoke to the county's recommended standards for the trail crossing. A total of 12 people
spoke on the project and seeing no one else wanting to speak the public hearing was
closed.
During the planning board discussion the planning board and staff covered the following
topics:
• The rails to trails street crossing and concerns of the rails to trails committee and
general public regarding an at -grade street crossing
• Concerns with the aesthetics along Foys Lake Road based on the revised grading
plan
* The realignment of street intersections and the current lacy of a collector street
through the subdivision.
• The need for architects (design team) to work out storm grater issues in conjunction
with their engineer to keep deviations from the PUD designs approved in 2007 to a
minimum
Based on this discussion the planning board moved to indefinitely table the Willow Creek
project. The motion passed on a vote of 5:1.
The developer was provided a letter by planning staff outlining the planning board's main
issues with the project and given a deadline of May 28thto submit additional information
for the planning board to consider at its June 8th meeti.n.g. The developer submitted more
information for the board's consideration and the project was taken off the table at the
June 8th meeting after the new business items had been completed..
During the June Sth meeting the public wishing to spear on the project were directed to
comment during the "hear the public" portion of the meeting since the public hearing on
the project was closed at the May 11 to meeting. Members from the rails -to -trails
committee spoke about their concerns of the future street crossing of the existing trail.
The rails -to -trails president requested the planning board consider the following for the
trail crossing:
1 ) The crossing should be equal or better than the present trail
2) 'There be vertical separation.
3) Safety.
Other members of the public spearing on the project felt that the rails -to -trails group
should not have to spend any funds to have a trail crossing that meets the three objectives
stated by the rails -to --trails president. Concerns raised by other members of the public
included impacts of traffic to the area and impacts to the school district. One member of
the public spoke in support of the project. The developer also spore in support of the
project and informed the board about some minor changes in the project to address the
board's concerns.
Discussion was held by the board with one board member requesting the developer
consider putting his project on hold for 30 days until an agreement could be reached with
the rails to trails committee. The developer declined the extension and requested the
board act on the project that night.
The planning board also discussed the trail issue brought up by the rails--to-trails
committee. Although some board members did not feel comfortable trying to design the
trail crossing, other board members felt that a trail crossing recommendation needed to be
included in the conditions of the project. The planning board included the following
condition. (condition. no. 33) in the recommended conditions of approval:
"The bike/ pedestrian trail will continue on the north side of the willow creek
development, cross under the street in a box culvert and then proceed north back to the
original trail."
The motion to add this condition passed on a vote of 4:2.
The planning board also discussed how future buyers of lots or houses in this
development will be notified that certain lots have upwards of 12 feet of fill material on
them.. The concern was that adequate compaction of the soil is completed and the future
lot owners are aware that extra building precautions to stabilize the foundations may be
needed. After further discussion a motion was made and seconded to amend condition.
no. 36 to include a note on the final plat for each phase indicating any lots that contain
more than 3 feet of fill. This motion passed unanimously.
The planning staff recommended some minor changes to two conditions based on
discussions with the developer. The changes included the following. -
Adding the following note to condition no. 11 -- "parkland is based on the minimum
requirement of .03 acres per dwelling unit. The 14.13 acres of parkland is based on
471 dwelling units which may change if lots are eliminated"
Removing the following from condition no. 47 - "deceleration and acceleration lanes
for the two street intersections"
The planning board added the recommended language in condition no. 11 however they
opted to beep the language in condition no. 47 and added the words "as required".
Following the motion to make minor amendments to two of the conditions the planning
board voted on the main motion to approve the revisions to the willow creek Planned Unit
Development and subdivision, as amended by the board. This motion passed
unanimously on a roll call vote.
Please schedule this matter for the July b, 2010 regular City Council meeting. You may
contact this hoard 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: Letter of transmittal
Report #KPUD 10-1 / KPP 10-1 and supporting documents
Draft minutes from the 6 / 8 / 10 planning board meeting
c w J Att: 'Theresa white, Kalispell City Clerk
c w J o Att: Trigon, Inc.
Attn: Hubert 'turner
3300 Highway 2 West
Kalispell, MT 59901
Sands surveying, Inc.
2 village Loop Road
Kalispell, MT 59901
wMw Engineering
50 west Second Street
Whitefish, MT 59937
II3I7�` A
TRIGON INC.
WILLOWAMENDMENT OF THE O:
AND SUBDIVISION
KALISPELL CITY PLANNING BOARD
The Kalispell city Planning Board held a public hearing on this matter at the regularly
scheduled planning board meeting on May 11, 2010. A recommendation of the project
was made the following regular meeting of June 8, 2010. The following conditions are
recommended with approval of the amend PUD zoning and subdivision:
PUD Conditions
1. The Planned Unit Development for willow Creek allows the following deviations from.
the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance:
A. Kalispell Subdivision Regulations, Section 3.07, B (Blocks)
Allows the block lengths to exceed 1,200 feet as shown on. the PUD plan
referenced in condition ##2.
B. Kalispell Zoning Ordinance, Section 27.06.040 (1)(Minimum lot area in the
R-3 zoning district)
Allows the minimum lot area to be reduced. from. 7,000 square feet to 4,000
square feet for detached single-family lots and 2,400 square feet for
townhouse lots.
C. Kalispell Zoning Ordinance, Section 27.06.040 (2)(Minimum lot width in the
R-3 zoning district)
Allows the minimum lot width for single family detached lots to be reduced
down to 40 feet and 24 feet for townhouse lots.
D. Kalispell Zoning Ordinance, Section 27.06.040 (3)(Minimum building
setbacks)
Allows the front and side corner setbacks reduced to 15 feet. Rear yard
setbacks are reduced to 10 feet. such reduction shall only apply to the
house for front and side corner setbacks. Garages shall meet the 20-foot
setback provided for in the R-3 zoning district if accessed off of the street.
E. Kalispell Zoning Ordinance, Section 27.06.040 (5) (Permitted lot coverage)
Allows the permitted lot coverage to increase to a maximum of 70% for the
rover house lots (lots 68--87, 95-126 and 247-258).
F. Kalispell Subdivision. Regulations, section. 3.06,E (Minimum Building Site)
Allows building sites are lots less than the 40'x4o' required minimum.
G. Kalispell Subdivision Regulations, Section 3.09,A (Streets And Roads -
Design Standards)
Allows a 1. o--foot bike trail on the east side of the creek crossing with no
boulevard separation between the bike trail and street. This deviation also
allows the use of the 1 o-foot bike trail in lieu of a sidewalk along Du.xbury
Loop between lots 168 and. 169.
Note: Fencing along both sides of the creek crossing and a guard rail
between the trail and, street shall be included in the creep crossing design for
safety purposes
H. Kalispell Zoning Ordinance, Section 27.22.090 (Fences, walls and Hedges)
Allowing fences 48 inches tall within or bounding the front setback area in
all areas of the proposed subdivision.. This only applies to fences and in no
case shall the fence be solid.
2. The development of the 140 acre site shall substantially comply with the following
reaps and elevations submitted as part of the Planned Unit Development
application.:
A. Housing exhibits and typical lot elevations
B. All street and alley cross sections
Note; All roads shall be designed to meet the city's minimum roadway widths
Boulevard widths shown on the street cross sections shall not be reduced.
C. Trail cross section
D. Land Use Key
B. Parks and open space landscaping and improvement plans
Note: These plans will be modified by additional conditions of approval
3. The willow Creek conceptual site plan shall be revised to incorporate the conditions
of approval of the PUD and preliminary plat to provide for the total number of
dwelling units on the site. The revised site plan shall be submitted prior to the final
plat of phase 1.
Note: The implementation of the conditions may result in the loss of lots.
4. On the final plat containing townhouse lots, all townhouse lots shall be identified as
Al B, C etc. with the lot number to correspond to the parent lot.
5. Corner lots under 6,000 square feet in size shall have a minimum lot width at the
front lot line of 45 feet for detached single family lots and 35 feet for townhouse lots.
6. All lots adjacent to an alley are restricted to have their driveways and garages
accessed off of the alley.
7. Alley construction shall include a concrete approach to the street.
S. The engineering designs shall include the use of bulb -outs allowing a rnammum 22
foot wide travel surface to reduce traffic speed and provide for a safer trail crossing
along Plymouth. Crossing.
9. A trail shall be constructed between. lots 330 and 331. The trail shall be located
within a minimum 15-foot wide right -of -moray with the trail width and construction
standards determined by the Parks and Recreation Department. The trail right-of-
way shall be shown on the final plat and the trail shall be constructed or bonded for
to the approved width and construction standards prior final plat approval.
10. Staring 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. Staring for building foundations shall be offset from the foundation to assure
stakes are in place during and after excavation of the building pad.
11. A minimum of 14.13 acres of developed parkland shall be provided within the
Willow Creek subdivision.
Note: Parkland is based on the minimum requirement of 0.03 acres per dwelling
unit. The 14.13 acres is based on a total of 471 dwelling units which may change if
lots are eliminated.
12. Prior to final plat approval of phase 1 the developer shall provide a detailed design
of the open space along Foys Lake Road which shall reflect the cross-section and
perimeter treatment approved in. 2007. The plan shall include the following:
A. The landscaping shall include a combination of native bushes and groundcover.
B . Incorporate the common fence and associated landscaping required in condition,
13.
C. The retaining galls shall be a split faced rock, as the approved Willow Creek
PUD application included, with retaining galls not exceeding 3 feet in height
before a landscaped retaining area, a minimum of 4 feet in width, is provided.
D. The walls shall begin and end by tapering into slopes exceeding a 3:1 ratio.
The plan shall be reviewed and approved by the planning department and parks
and recreation department with improvements installed in accordance with an
approved schedule.
13. A five (5) foot tall vinyl fence shall be installed by the developer abutting the rear
property boundary of lots 1-7 of phase 3, lots 453--453 of phase 2 and lots 459-
471 of phase 1. The fencing shall be located in the common area and shall be
owned and maintained as a common area feature. The fence shall comply with the
fencing elevations approved for the willow Creep PUD. All fencing shall be installed
prior to final plat approval of the pertinent phase that they are located in.
Note: The developer shall provide for a visual screen for the fence along Foys Labe
Road. The visual screen shall include a combination of trees, bushes and green
groundcover and specifying tree and shrub type and size at the time of planting.
14. A note shall be placed an the final plat for phases 1, 2 and 3 prohibiting the
property owners of lots 1-7 of phase 3, lots 453--453 of phase 2 and lots 459-471 of
phase 1 from installing any additional rear yard fencing.
15. The developer shall submit a detailed cross-section from the edge of asphalt on the
south side of Foys Labe Road through the lots 453 and 468 to the north side of
Du.xbury Drive. The cross sections shall be included with the engineering drawings
for the subdivisions to be reviewed and approved by the Public works Department.
16. A Homeowners Association shall be created for the maintenance of the bike trails
in the open space areas, storm water facilities, open space areas not dedicated to
the city, , fencing and retaining walls along Foys Lake Road and alleys within the
Willow Creek subdivision.. The maintenance provisions in the homeowners
association shall include mowing or trimming the grasses within the common area
to reduce the fire hazard and spread of noxious weeds and maintain an aesthetic
and pleasing appearance. The association shall be established prior to the final
plat of phase 1.
Note: Maintenance along Foys Labe Road shall include the open space areas and
boulevard maintenance up to the edge of Foys Lake Road.
17. The developer shall provide the Parrs and Recreation Department with a revised
park improvement plan and layout of parks A, C, and E. In addition to the plans
submitted with the application, improvements to the parks shall include top soil,
irrigation, landscaping, playgrounds, benches, trash receptacles, hard surface play
areas and gazebos. The specific improvements to each park shall coincide with the
details listed under section E of the PUD report. The plan for each park shall be
reviewed and approved by the parks and recreation department in conjunction with
the Police Department for the security lighting.
18. The developer shall provide minor amenities (i.e. benches, picnic tables and trash
receptacles) within the open space area along Ashley Creek. A plan of these
amenities shall be provided to the Parks and. Recreation. Department and Montanan
Department of Fish, wildlife and Parrs for review and approval.
19. Lots 413 and 414 shall be removed and the corner of Park E surrounded by lots
422-430 shall be modified to incorporate the land in the surrounding lots. The
southern access trail to Duxbury Loop shall be moved east between. lots 429 and
430. The revised park design shall be reviewed and approved by the Parks and
Recreation Department prior to the final plat of phase 2.
20. A pedestrian/ bike path plan shall be provided to the Parks and Recreation
Department and Police Department which includes the pathway width, construction
materials, and security lighting for the paths located throughout the willow Creek
subdivision.. specifications for the bike path construction will be determined by the
Parks and Recreation Department with recommendations provided by the Montana
Fish, Wildlife and Parks in areas where the path comes within 200 feet of the high
water line of Ashley Creek. The pedestrian/ bike path plan shall also provide for a
connection to the future bike path along the Highway 93 alternate truck route at
Foys Labe Road and at the Ashley Creek Crossing in the northeast corner of the
subdivision and at Highway 2.
21. The parr areas shall be dedicated and improved in accordance with an approved
plan by the Parks and Recreation Department pursuant to the following phasing
plan:
A. Phase 1 -- Provide a cash in lieu payment to be held by the city until parr E is
improved and dedicated.
B . Phase 2 - Dedicate and improve park E
C. Phase 4 - Dedicate and improve park C. In addition, the streets surrounding
parr C, Suffolk way and Van Ness Drive, will need to be constructed.
D. Phase 6 -Dedicate and improve park A
22. The trail system shall be constructed in accordance with the approved plan by the
Parks and Recreation Department pursuant to the following phasing plan:
A. Phase 1 - Construct the trail along the subdivisions entire length of Foys Labe
Road and connect to sidewalks at the intersection of Fogs Lake Road and the
alternate truck route.
B. Phase 3 - Construct a portion of the trail in. park B from the existing trail along
Foys Labe Road north to connect with the trail planned for the south side of
Ashley Creek in the MDT right -of way.
C. Phase 5 - Construct the entire length of the trail shown in parr A.
D. Phase 6 - Complete the trail within park B
23. A parr maintenance district shall be formed in accordance with section. 7-12--4001
MICA incorporating all the lots within the Willow Creek 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 of each phase of the final plat of phases 1-8
of the willow Creek subdivision.
24. 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 required to be maintained by
the Homeowners Association.
25. The developer shall provide the Parrs and Recreation Department a revised
landscaping and irrigation plan for the open space areas within the PUD site. The
approved landscaping and irrigation plan shall be installed per the phased
improvement schedule for Foys Lake Road specified in. condition 48 of the
preliminary plat approval and park and trail improvement schedule specified in
conditions 21 and 22. (Findings of Fact Section D)
26. The right-of-way for Plymouth Crossing shall extend to the eastern edge of tract 1 of
COS 18395.
27. The following design standards and conditions are required for the trail crossing
north of the PUD site:
A. An at grade trail crossing shall be designed to AASI-ITO guidelines for trail path
design and construction as well as the Americans with Disabilities Act Access
Guidelines. Access ramps shall include detectable warning strips.
B. Signs shall be placed in the right-of-way both north and south of the trail
informing vehicles of the upcoming trail crossing and narrowed street width.
C. Manually activated flashing lights warning vehicles of pedestrians or bicyclists
crossing the street shall be located on both the east and west sides of the street.
D. The street design shall utilize lane narrowing and reduce the vehicle travel
surface width down to 22 feet.
E. The trail crossing at the street shall include stamped colored concrete the width
of the trail.
The trail crossing designs shall be reviewed and approved by the Montana
Department of Transportation (MDT), Flathead County and City of Kalispell prior to
construction.
Note: To construct the recommended improvements the developer may be required
to work outside of an existing Zoo foot wide easement the developer currently has
for the street crossing. If this is the case, the developer will need to acquire
authority to work outside of the Zoo foot easement from Flathead County and MDT.
28. The developer shall provide a plan . for construction crossing and temporary trail
closure for the city, county and MDT to review and approve. The plan will need to
include the following:
A. Timefrarnes of when construction equipment will be crossing the trail and when
and for homer long the trail is expected to be closed for the street construction at
any given time as well as a trail relocation program
B. Signs and sign locations notifying trail users of construction equipment crossing
the trail and temporary closure of the trail
C. A maintenance plan for the trail to address damage and dirt/debris removal
caused by equipment crossing the trail
D. Bonding provisions to address damage and clean up of the trail and provide for
funds to finish the trail reconstruction at the street crossing
This plan shall be approved prior to final plat approval of phase 1.
29. 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 poorer, phone,
natural gas and cable television lines shall be located within a separate 1 o-foot
easement outside of the road right--of-way easement.
30 That a minimum of tyro -thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal for each phase. The minimum of
tyro --thirds of the necessary infrastructure shall include the extension of grater and
sewer mains to the site and the necessary improvements to transport effluent back
to the city sewage treatment plant.
31 The final plats for the willow Creek subdivision shall be filed consecutively from,.
phase 1 through phase 8. The first phase shall be filed within three years of
approval of the effective date of this PUD. Each successive phase shall be filed
within two years of final plat approval of the previous phase.
32 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 that shall be completed and accepted by the city prior to final
plat approval of phase 1.
33. The bike/pedestrian trail will continue on the north side of the Willow Creep
development, cross under the street in a box culvert and then proceed north back
to the original trail.
General Conditions:
34. 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)
35. Any retaining walls used on the project site shall have a maximum height of 3 feet.
If a higher retaining wall is needed the wall shall be stepped and landscaped with a
design approved by the Parks and Recreation Department and Planning
Department. (Previous subdivision approval in 2007)
36. Street lighting shall be located within the subdivision and along Foys Lake Road
and shall be shielded so that it does not intrude unnecessarily onto adjoining
properties. (Kalispell Subdivision Regulations Section 3.09(L)).
Prior to final lat:
37. A geotech.n.ical report shall be provided to the Public Works Department and
Building Department at the end of the site grading showing the fill areas on the site
have been properly compacted in accordance with Public works Standards and
building code standards. A note shall be included on the final plat for each phase
indicating any lots that contain more than 3 feet of fill. (Findings of Fact Section C)
33. Prior to submitting a final plat for each phase, the final lot grading plan and
drainage plan for each lot shall be submitted to the Public works Department and
Building Department for review and approval. The approved plans shall be
included in the covenants of the subdivision to notify future lot owners of any
limitations on lot grading and drainage design needed for future construction.
(Findings of Fact Section C)
39. Prior to final plat approval, the developer shall provide the city with a copy of the
final plat indicating any lots with a cross slope of 25% or greater, with lot slopes not
to exceed 30% . For these . lots a geotechnical report shall be submitted for review
and approval. The approved report shall be included in the covenants of the
subdivision to notify future lot owners of the building requirements on the lot.
(Kalispell Subdivision Regulations Section 3.06(F))
40. 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; 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)
41. water and serer 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 serer 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 surer mains have been built and tested as designed and approved.
(Kalispell Design. and Construction Standards)
Note: Extension of the water and sewer mains to the property lines may be
required by the Public works Department. Furthermore, hydraulic conditions
and/or future city requirements may require the water main be extended to
Appleway within the northern access roadway (Plymouth Crossing) for the
development.
42. 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. The
report shall include a phased construction schedule showing when detention
facilities will be constructed. 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 for the new south side hill drainage 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.
43. 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 grater Discharge Associated with Construction
Activities. (Kalispell Design. and Construction. Standards)
44. 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)
45. The developer shall provide the Public Works Department with a plan to review and
approve for snow storage and/or removal for the alleys. The approved plan shall be
incorporated in the covenants of the subdivision. (Findings of Fact Section D)
46. A note shall be placed on the final plat of each phase including alleys stating that
the alleys shall be privately maintained. (Findings of Fact Section D)
47. An updated traffic study shall be submitted prior to final plat approval for phases 2-
3. All mitigation required as part of the approved traffic study shall be completed.
Mitigation may include but is not limited to improvements to Foys Labe Road, in
addition to the road improvements required under condition 48, Meridian. Road, or
U.S. Hwy 2. All improvements shall be reviewed and approved by the Public Works
Department and Montana Department of Transportation. Prior to final plat approval
a letter froze. the Kalispell Public works Department and Montana Department of
Transportation shall be submitted stating that all new infrastructure has been
accepted by the city of Kalispell or State of Montana. If infrastructure work has not
been accepted, a letter stating that a proper bond has been accepted for the
unfinished work by the appropriate agency is required.. (Findings of Pact Section D)
43. Prior to the final plat of phase 1, 2 and 3 Foys Labe Road, along the particular
phase's frontage, shall be upgraded to urban collector standards. The
improvements shall include widening the roadway from the center line of the
roadway north, deceleration and acceleration lanes for the two street intersections
as required, installing street lights and street trees in addition to the landscaping
proposed within the open space areas adjacent to the road.. The 1 o-foot wide
meandering bike/pedestrian path shall provide the pedestrian access normally
provided by a 5--foot sidewalk. All improvements shall be reviewed and approved by
the Kalispell Public works Department and Montana Department of Transportation.
(Traffic Impact Study and Findings of Fact Section D)
49. Prior to final plat approval for phase 2 a 60-foot wide road and utility easement
shall be provided to the adjacent property to the west of the project site, Tract 7,
through the common open space located between lots 340 and 447. (Findings of
Fact Section D)
50. Prior to final plat approval of phase 5 a street connection to Highway 2 shall be
installed. The street design shall be reviewed and approved by the Public Works
Department and Montana Department of Transportation (MDT). (Traffic Impact
Study and Application Information)
51. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for Willow Creek Drive and Willow River Drive onto Foys Lake
Road and the connection up to Highway 2. If any improvements are necessary at
the intersection of the roadways, these improvements shall be completed to the
satisfaction of the MDT prior to the respective phase and MDT shall so certify this
in writing to the city. (Findings of Fact Section D)
52. A ten foot tall berm shall be constructed on the east side of phase 8 for noise
mitigation in accordance with the noise study submitted with the subdivision
application. The berm shall have a 3:1 slope and be landscaped in accordance with
a plan approved by city staff. (Findings of Fact Section A and Noise Study)
53. A 200-foot building setback, measured from the high water mark of Ashley Creek
shall be shown on the final plats of phases 2, 5, 6, 7 and s. within the 200--foot
building setback the first 75 feet adjacent to the stream shall be protected with
natural vegetation. No buildings, roads, except for the crossing at Ashley creek,
shall be located within the 200-foot setback. A bike/pedestrian path within the
200-foot setback shall be permitted provided there is an adequate vegetative buffer
between the bike/pedestrian path and Ashley creep. Prior to installation of the
bike/pedestrian path the developer shall obtain a written approval from. the
Montana Department of Fish, wildlife and Parks. (Findings of Fact Section B)
54. The following requirements shall be met per the Kalispell Fire Department and so
certified in writing by the Fire Department: (Kalispell subdivision Regulations,
Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flogs shall be in accordance
with International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per city specifications at locations approved by
this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire
Code (2003) chapter 5.
d. It shall be noted on the face of the plat that hazardous weed abatement shall be
provided in accordance with city of Kalispell Ordinance 10--5 .
e. Street naming shall be approved by the fare department.
F. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road
as a fire lane.
55. A letter shall be obtained from. the Parrs 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).
Note: Rocks in the landscape boulevard are prohibited.
56. The approved parks improvement plan (condition 21 of the PUD), open space
improvement plan (condition 25 of the PUD), and bike/pedestrian plan (condition
22 of the PUD) shall be completed prior to the final plat of the respective phase of
the project. (Findings of Fact Section D)
57. 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. Fare
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
58. All existing and proposed easements shall be *indicated on the face of the final plat.
Utility easements for city water and surer 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)
59. 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)
60. 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))
61. No significant earth moving within 100 feet of the centerline of the creek shall be
allowed until the delineated fYoodpiain has been stared. The base flood elevation
accepted by FEMA shall be indicated on the final plat for phases 2, S, 6, 7 and 8
and no lots shall extend into the newly delineated. floodplain. (Findings of Fact
Section A)
62. The water rights allocated to the developer, both surface and ground for the entire
140 acre subdivision site, shall be transferred to the city with the filing of the first
phase of the subdivision to insure the orderly accounting of water rights and to
protect the future water needs of the city of Kalispell for it users. (Findings of Fact
Section E
On going conditions:
63. Prior to issuance of a building permit for lots 434 -446, 34-47, 18-28 and 3-6 a plan
for driveway access, with the driveway having a maximum slope of 7%, shall be
submitted to the Planning and Building Department for review and approval. The
approved plan shall be implemented by the building or lot owner during home
construction. (Kalispell Subdivisions. Regulations Section 3.06 (E))
Note: The required driveway plan shall be included in the covenants of the
subdivision to notify future lot owners of the driveway requirements on the lot.
64. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
65. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
.all* spell Publi Schools
233 1st Ave. East -Kalispell, Montana 59901
Phone: (406)751-3400 Fax (406)751-3416
SUPERINTENDENT ASST. SUPERINTENDENT HUMAN RESOURCES SPECIAL PROJECTS
Darlene Schottle Ilan Zorn Karen Glasser Chris Bilant
Phone (400)751-3434 Phony (406)751--3434 Phone (406)751-34-44 Phone (400)751-3408
February 8, 2010 [E kCza9 0 V
� D
Dh FAG 09 20 10
Mr. Sean Conrad KALISPELL PLANNING DEPARTMENT
City of Kalispell Planning Department
201 1"Avenue East
Kalispell, MT 59901
Re: Willow Creek Project Site
Dear Mr, Conrad:
I am in receipt of your letter dated January 25, 2010 regarding the Willow Creek project site and the
plan revisions. The size and scope of this subdivision continues to require more joint planning with
School District No. 5. This area feeds into Peterson Elementary School which is already at capacity
enrollment.
It is my hope that we can collaborate to create a solution that is positive for both the developer and the
school district as a service provider. I look forward to working with the owners in the future as we work
to provide adequate educational facilities for the families that will live in willow Creek Subdivision.
Please feel free to call me with any further questions you may have.
Sinme y,
Darlene Schottle, Ed.D.,
Superintendent of Schools
,x,, flathead.mf.gov/p€anning_zoning
May 5, 2010
Sean Conrad
Kalispell Planning Department
201 1st Avenue East
Kalispell, Mt. 59901
RE; willow Creek street crossing of Great Northern bicycle/pedestrian path
Dear Mr. Conrad,
[Dj` E IE
r S+f c
6 2010
KALISPELL PLANNING DEPARTMEN
T
Thank you for requesting comment on the proposed road crossing of the Great Northern
bicycle/pedestrian path. The portion of path to be crossed by the proposed road is a Flathead County trail
facility which was developed as a CTEP funded project.
Hubert Turner visited this office on February 24, 2010 to discuss design considerations for the proposed
crossing and to clarify applicable requirements pertaining to the re --construction of the affected path. Mr.
Turner indicated the proposed road crossing would occur below grade of the existing path, and I met with
him onsite on March 23, 2010. At that meeting Mr, Turner was informed the path would be required to be
re -constructed to meet or exceed applicable CTEP standards, including compliance with Americans With
Disabilities Act Access Guidelines (ADAAG). Specifically, we discussed maximum grade and signage
requirements, and I provided Mr. Turner with a copy of the applicable ADAAG standards.
On May 3, 2010, Mr. Turner submitted a draft site plan of the proposed road crossing indicating finished
grade and signage for the proposed re -constructed path. The proposal appears to adequately comply with
applicable minimum CTEP and ADAAG standards in regard to grade. I recommend additional reasonable
measures be incorporated into the road/path design that would promote safety at the intersection,
including:
• a stamped and colored concrete crosswalk area to provide motorists with visual awareness of the
trail crossing
• `traffic calming' lane narrowing features to promote slow traffic circulation at the crossing location
• ADAAG compliant detectable warnings (truncated domes) to be installed on each side where the
path meets the road crossing
• a plan for the specific signage to be installed, potentially including pedestrian activated push-button
amber lighting
Please contact me if you have any questions, or require additional clarification.
Sincerely,
aJ,lt( 4v6rz
Alex Hogle
Planner 11, CTEP Coordinator