Loading...
3. Ordinance 1625 - Zoning with PUD Overlay - Willow Creek Subdivision - 1st ReadingReturn to: Theresa White Kalispell City Clerk Po Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1625 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460)9 BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACTS 1,1AI,1B,1BA1 1 BB, ID, 1 DA, 1 E, IF, 1 FA, 1 FB, AND 7AB LOCATED WITHIN THE NORTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL, AND I-2, HEAVY INDUSTRIAL) TO CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL), WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE, WHEREAS, Wayne Turner, the 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 165 acres of land, and WHEREAS, the property is located on the north side of Foys Lake Road 1/4 mile west of the current city limits along Meridian Road, and WHEREAS, the petition of Wayne Turner was the subject of a report compiled by the Kalispell Planning Department, Staff Report #K.A-07-131 KPUD-07-1, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-3, Urban Single Family Residential, with a Planned Unit Development overlay, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November 13, 2007, and recommended that the initial zoning be City R-3, Urban Single Family Residential with a Planned Unit Development overlay, upon annexation to the City of Kalispell, and WHEREAS, 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, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3- 608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 6021 the findings of fact of KPD as set forth in Staff Report No. KA-07-131 KPUD-07-1. 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 Map 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 140 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 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 the 1,200 feet and allows blocks less than 300 feet as shown on the draft PUD submittals referenced in condition #2. B. Kalispell Zoning Ordinance, Section 27.06.020 and 27.06.030 (Permitted and conditional uses in the R-3 zoning district) Allows multi -family buildings in the R-3 zoning district. C. 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. D. Kalispell Zoning Ordinance, Section 27.06.040 (3)(Minimum. building setbacks) Allows the front, side corner and rear setbacks reduced to 10 feet for lots less than 7,000 square feet. On lots 7,000 square feet or more the front and side corner setbacks shall be 20 feet and the rear setback would be allowed at 10 feet. The multi -- family buildings and garages shall meet the 20-foot setback provided for in the R-3 zoning district. Such reduction shall only apply to the house. The multi -family buildings and garages shall meet the 20-foot setback provided for in the R-3 zoning district. E. 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 140.5 acre site shall substantially comply with the following maps and elevations submitted as part of the Planned Unit Development application: A. Figures 3.1, 3.3, 3AD, 3.4E, 3.5-3.1 IA, 3.14-3.19, 3.20 (A,B&C), 3.21 (A&B), 3.22 & 3.22A, 3.23, and 4.3 B. Figures 3.4A, 3 AB and 3 AC(type I and II) Note: All roads shall be designed to meet the city's minimum roadway widths (i.e. Figure 3 AC shows a 28-foot wide road from the face of curb to face of curb. City standards require 28-feet of driving surface in addition to the 2-foot curbs on either side of the roadway). Boulevard widths shown on exhibits 3.4A, 3 AB and 3.4C(type I and II) shall not be reduced. C. Figure 3.12 Note: The bike/pedestrian path shall be located between the building and the earth berm or landscaping adjacent to the Highway 93 by-pass in accordance with condition 5. D . Figure 3.11 Note: Additional land may be required between the fence and retaining wall to accommodate landscaping and irrigation. 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 dwelling units. 4. Pedestrian pathways shall be located either midway on blocks exceeding 1,200 feet in length or in the area of the block exceeding 1,200 feet which would provide the best connectivity to surrounding streets or pedestrian/bike paths. The pathways shall be located within a minimum 15-foot wide easement located outside of any platted lot with the path width and construction standards determined by the Parks and Recreation Department. The pathway easements shall be shown on the final plat and the path shall be constructed or bonded for to the approved width and construction standards prior final plat approval. 5. Prior to issuance of a building permit for each of the multi -family (condominium) buildings, the Kalispell site review committee shall review each individual building plan with all applicable city codes and policies and the following: A. Heavy duty loop bike racks capable of holding 5 bicycles located adjacent to each building B. Adequate setbacks from any sound mitigation (see condition c below) as well as a minimum of 20 feet from any bike path easement. C. Assurance that each building is at least 30 feet from the toe of any earth berm, wall and/or fence in excess of 5 feet in height. The 5-foot height includes the earth berm, wall or fence individually or any combination thereof. D. In addition to the standard submittals to the city's architectural review committee the developer shall submit materials including landscape around the building and parking lot and a color pallet for the building which includes a minimum three colors (two colors for the body of the building with a different color for building trim) for the exterior color design for the buildings E. Assurance that the architectural review committee has reviewed the building and has found it to be in compliance with good design standards and the architectural design standards as provided for in this PUD approval and the City of K.alispell's Architectural Design Standards. F. Sidewalk connectivity between the units, parking areas, bike paths if applicable and sidewalks along the adjoining streets G. Multifamily buildings on the same lot shall have a minimum building separation of 20 feet (eave to eave) and 10 feet from the eave to side property boundaries. 6. In addition to the required perimeter landscaping in the Kalispell zoning Ordinance, the parking lots serving the multi -family buildings and the overflow parking lot located next to park C shall incorporate landscape islands, 9, x 20' in size, which include predominately living materials. Each landscape island shall include one or more trees meeting Kalispell"s street tree standards for variety and size at planting and ground cover. Landscape islands shall be placed at intervals of one landscape island for every ten parking spaces. The parking lot and associated landscaping plan shall include an irrigation plan. The landscaping and irrigation plans shall be reviewed and approved by the Parks and Recreation Department with recommendations on the landscaping plan from the architectural review committee. 7. 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. 8. A minimum of 11.06 acres of common space, 18.55 acres of open space and 15.9 acres of developed parkland shall be provided within the willow Creek subdivision. 9. A five (5) foot tall earth tone vinyl fence, such as Mild Fence Company's (cambia), shall be installed by the developer abutting the rear property boundary of lots 334-338 of phase 4, lots 1-16 of phase 5 and lots 317-333 of phase 6. 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 approved fencing elevation referenced in condition 2(F). All fencing shall be installed prior to final plat approval of the pertinent phase 4, 5 or 6 that they are located in. 10. A note shall be placed on the final plat for phases 4, 5 and 6 prohibiting the property owners of lots 3 34-3 3 8 of phase 4, lots 1-16 of phase 5 and lots 317-3 3 3 of phase 6 from installing any additional rear yard fencing. 11. A Condominium Association shall be created for the maintenance of the areas immediately surrounding the multi -family condominium buildings. For the buildings on lots 1 and 3 this shall include the common parking lot, noise mitigation (i.e. sound wall or earth berm) and adjacent bike/pedestrian path. 12. A homeowners Association shall be created for the maintenance of the bike path along Foys Lake Road, pedestrian easements, storm water facilities, common areas, open space areas not dedicated to the city, subdivision entry monuments, fencing along the rears of the lots abutting Foys Lake Road and landscaped road medians 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. The association shall be established prior to the final plat of phase 1. 13. The developer shall provide the Parks and Recreation Department with a revised park improvement plan and layout of parks A, B, C, D, and E as shown on figure 3.23 of the PtJD application. In addition to the walkways, turf, irrigation, and landscaping within the parks the developer shall provide other park amenities including but not limited to security lighting, children's play equipment, benches, trash receptacles, drinking fountains, where appropriate, and hard surface play areas to include tennis and basketball courts. The plan shall be reviewed and approved by the Parks and Recreation Department in conjunction with the Police Department for the security lighting. 14. 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 Parks for review and approval. 15. 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 Zoo feet of the high water line of Ashley Creek as required in condition 44. The pedestrian/ bike path plan shall also provide for a connection to the future bike path along the Highway 93 by-pass. 16. The parks and open space 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: Park B shall be dedicated and improved and all the land along Ashley Creek shown as either parks or open space shall be dedicated to the city. Along with this dedication the bike/pedestrian trail shall be constructed per the plan approved by the Department along Ashley Creek as shown on the Willow Creek conceptual site plan. B. Phase 2: Park E shall be improved C. Phase 3: Park D shall be improved D. Phase 4: Park A shall be dedicated and improved E. Phase 5: The bike/pedestrian path along Ashley Creek shall be paved F. Phase 7: Park C shall be improved 17. A park maintenance district shall be formed in accordance with section 7-12-4001 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 the final plat of phases 1-7 of the Willow Creek 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. A revised landscape plan for the lift station shall be provided to the Parks and Recreation Department and the Planning Department for review and approval. The plan shall provide for a visual screen to include a combination of trees, bushes and green groundcover and specifying tree and shrub type and size at the time of planting. Fencing around the lift station shall be the same fencing referenced in the conditions of this PUD. The approved landscape plan and fencing shall be installed prior to final plat of phase 1. 20. The developer shall provide the Parks and Recreation Department a revised landscaping and irrigation plan for the common area along Foys Lake Road. The plan shall provide for a visual screen for the fence along Foys Lake 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. The approved planting and irrigation plan shall be installed per the phased improvement schedule for Foys Lake Road specified in condition 39 of the preliminary plat approval. (Findings of Fact Section D) 21. Prior to submitting a final plat for each phase, the final lot grading plan shall be submitted to the Public Works Department for review and approval. 22. Individual driveways are prohibited onto Willow Creek Drive. Lots 272 through 279, 280 through 288 and lots 289 through 291 shall be redesigned so that access is provided by an alley. The alley shall be constructed prior to final plat approval of the lots in their respective phase. 23. Willow Creek Drive shall be re -aligned so a larger portion of the road and right-of-way are outside of the recommended 200 foot setback as shown on the preliminary plat. 24. 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. 25. 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 lift station to transport effluent back to the city sewage treatment plant. For phase 1, the minimum infrastructure shall also include the completed roadway connection from Foys Lake Road to highway 2. 26. The final plats for the willow Creek subdivision shall be filed consecutively from phase I through phase 7. 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. 27. 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. Willow Creek Subdivision Conditions General Conditions: 28. 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) 29. 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. (Subdivision Application and Findings of Fact Section Q 30. A geotechnical 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. (Findings of Fact Section Q 31. 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 plat: 32. 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) 33. 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: Extension of the water and sewer mains to the property lines may be required by the Pubic Works Department. Furthermore, hydraulic conditions and/or future city requirements may require the water main be extended to Appleway within the northern access roadway (Willow Creek Drive) for the development. 34. 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. Volumes and pear flows will not exceed the 2, 10 and 100 year flows. 35. 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) 36. 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) 37. 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) 38. Prior to the final plat of phase 1, all traffic mitigation listed in the traffic impact study for Willow Creek and, except the recommendation to signalize the intersection of Valley View Drive and Foys Lake Road, shall be completely constructed as part of Phase 1. (Traffic Impact Study and Findings of Fact Section D) 39. Prior to the final plat of phase 1, Foys Lake Road, along the projects frontage, to the intersection of Willow Creek Drive shall be upgraded to urban collector standards. Prior to the final plat of phase 2, Foys Lake Road, from the intersection of Willow Creek Drive to the western boundary of the project site shall be upgraded to urban collector standards. The improvements shall include widening the roadway from the center line of the roadway north, installing street lights and street trees in addition to the landscaping proposed in the elevations submitted with the PUD. The 1 o-foot wide meandering bike/pedestrian path shall provide the pedestrian access normally provided by a 5-foot sidewalk. As part of the improvements to Foys Lake Road for phase I the developer shall provide infrastructure for the future signal light recommended at the intersection of Valley View Drive and Foys Lake Road in the traffic study. 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) 40. Individual driveways are prohibited onto Willow Creek Drive. Lots 272 through 279, 280 through 288 and lots 289 through 291 shall be redesigned so that access is provided by an alley. The alley shall be constructed prior to final plat approval of the lots in their respective phase. (Findings of Fact Section D) 41. Prior to final plat approval for phase 6 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 310 and 311. (Findings of Fact Section D) 42. 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) 43. A noise study shall be completed prior to the final plat approval of phase 1. The noise study shall show how a noise level of 60 dBA at the eastern property boundary for condo lot 1 of phase 1 and condo lot 3 of phase 3 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 1. Note: This condition may result in the loss of one or more of the proposed multi -family buildings. Any deviation from the proposed road alignments shown on the preliminary plat to achieve the desired number of multi -family buildings on lots 1 or 3 as described above shall result in the subdivision and PUD to come back before the city council for review and approval. (Findings of Fact Section A) 44. A letter from the Montana Department of Transportation shall be provided stating that the by-pass right-of-way shown on the final plat for phase 1, 3, and 7 is adequate for the construction of the future highway by-pass. Note. The location of the highway by-pass right-of-way may affect the eastern boundary line of the proposed subdivision, which may in turn affect the number of proposed lots or condominium units. (Findings of Fact Section D) 45. A 200-foot building setback, measured from the high water mark of Ashley Creek shall be shown on the final plats of phases 2, 3, 4, 6, and 7. Within the 200-foot building setback the first 75 feet adjacent to the stream shall be protected with natural vegetation. No buildings, parking lots or roads 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 Creek. 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) 46. Basements shall be prohibited for the multi -family buildings on condo lot 1 of phase 1 and condo lots 3 and 6 of phase 3 due to high ground water in the area. (Findings of Fact Section C) 47. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the roadasa fire lane. 48. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11). Note: Rocks in the landscape boulevard are prohibited. 49. The approved parks improvement plan (condition 13 of the PUD), open space improvement plan (condition 14 of the PUD), and bike/pedestrian plan (condition 15 of the PUD) shall be completed prior to the final plat of the respective phase of the project as referenced in condition 16 of the PUD. (Findings of Fact Section D) 50. 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) 51. 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 318) 52. 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) 53. 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)) 54. Prior to final plat approval for phase 2, 4, 6, and 7, a detailed floodplain study shall be completed and accepted by FEMA determining the base flood elevation for the floodplain area along Ashley Creek. The final plat shall not be recorded and no significant earth moving within 100 feet of the centerline of the creek shall be allowed until the completion and acceptance of the study area. The newly delineated floodplain shall be staked. The base flood elevation accepted by FEMA shall be indicated on the final plat and no lots shall extend into the newly delineated floodplain. (Findings of Fact Section A) 55. The water rights allocated to the developer, both surface and ground, shall be transferred to the city with the filing of each final plat 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) 56. Lots 30 through 33 and 292, 294, 295, 296, 276, and 277 shall be reconfigured to be brought into compliance with section 3.06. G of the subdivision regulations prior to filing the final plat in their respective phases. (Kalispell Subdivision Regulations, Section 3.05(G) and Findings of Fact Section H) On offing conditions: 57. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 58. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 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 KALISPELL, MONTANA, THIS 17TH DAY OF DECEMBER, 2007. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk