4. Resolution 5252 - Preliminary Plat - Willow Creek SubdivisionRESOLUTION NO.5252
A RESOLUTION CONDITIONALLY APPROVING- THE PRELIMINARY PLAT OF WILLOW
CREEK SUBDIVISION, MORE PARTICULARLY DESCRIBED AS TRACTS 1, 1AI71B,1BA,
1 BB,1D, IDA,1 E,1 F,1 FA,1FB, AND 7AB LOCATED WITHIN THE NORTH HALF OF THE
NORTH HALF OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Wayne Turner, the owner of the certain real property described above, has petitioned for
approval of the Subdivision Plat of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Cornrnission held a public hearing on
November I3, 2007 on the proposal and reviewed Subdivision Report #KPP-07-2 issued
by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of
the Preliminary Plat of Willow Creek Subdivision subject to certain conditions and
recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of December 3,
2007, reviewed the Kalispell Planning Department Report #KPP-07-2, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-07-2 are hereby adopted as the Findings of Fact of the City Council~
SECTION II. That the application of Wayne Turner for approval of the Preliminary Plat of
Willow Greek Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
PUD Conditions
l . 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, 3.4D, 3.4E, 3.5-3.11A, 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, 3.4B and 3.4C(type I and II)
Note: All roads shall be designed to meet the city's minimum roadway widths (i.e. Figure 3.4C
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, 3.4B 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 pedestrianibike 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 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
leave 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 lalispell'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 41, 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.
1 2. 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 PUD 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 7W 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 1 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 C)
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 C)
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 pat:
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)
Nate: 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 peak 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 0-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 1 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, d, 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 Zoo -foot setback. A bike/pedestrian path within the Zoo -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.
£ Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as a 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 3.18)
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 3.06(G) and Findings of Fact Section
H)
On going 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. Upon proper review and filing of the Final Plat of said subdivision in the office
of the Flathead County Clerk and Recorder, said premises shall be a subdivision
of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNET] BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 3 RD DAY OF DECEMBER, 2007.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor