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2. Review of Three Mile Views Preliminary Plat Conditions 5 and 6City of Kalispell Planning Department 17 - 2"'d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 website: kalispetlplanning.com REPORT TO. Kalispell Mayor and city Council FROM: Tom Jentz, Planning Director James H . Patrick, city Manager SUBJECT: Review of Three Mile Views Preliminary Plat conditions # 5 and # 6 MEETING DATE: September 24, 2007 Council Work Session Issue: Preliminary Plat condition #5 requires that a 20 foot landscape and utility easement (which includes a 10 foot bike path) that lies along the south and west sides of the subdivision abutting Three Mile Drive be located within a common area of the subdivision. Condition #6 requires the formation of a homeowner's association to take care of these common facilities. The owners are requesting that this landscaping and utility easement (and associated bike path) be located within the e3isting rear yards of each lot abutting Three Mile Drive. This would allow the lots to be larger and create a greater building area for their home designs. They also ask to be relieved of the requirement to create a homeowners association as there would be no common features to care for. The owners further state their case in a letter from Doug Scotti, Morrison & Frampton PLLP dated September b, 2007 in which the owners ask for a meeting with the Council to discuss this issue. (letter attached) Bae ound: The Kalispell City council approved the preliminary plat of Three Mile Views on April 16, 2007. Resolution 5195 (attached) contains the 14 conditions of approval. The proposed subdivision consists of one long row of lots which front along Vista Loop and have rear yards that abut Three Mile Drive. The site lies just east of North Riding Load. The subdivision contains 10 lots of which two are larger single family in design and 8 lots which are each intended to accommodate a 2 unit townhouse for a total of 18 houses. The property is zoned RA-1 Low Density Residential Apartment. The minimum lot size is 6,000 square feet for a single family or two family (townhouse) unit with a minimum required lot width of 60 feet. The lots that the applicants own are proposed to be 77 feet wide (17 feet wider than the minimum required) and range in size from 7,084 to 9,240 square feet in size (1,084 to 3,240 square feet larger than the minimum lot size with the easements in question removed from the calculation). The applicants state that a hardship has developed because the floor plans of the houses they propose will not fit on the lots if the 20 foot landscape, utility and bike path easement is taken out of the lot (as is required by condition # 5) and placed in a common area. The staff, planning board and council have been unified and clear on this position that common features such as bike paths and landscaping easements which benefit the entire subdivision and which need to have a unified maintenance program need to be located within a common area, not on individual lots. This issue was debated in front of the planning board during the March 13 public hearing (please see the attached transmittal letter from Board President "Timothy Norton) . The issue was again raised with the staff between planning board and council action and the issue was specifically raised in front of the city council prior to the council approving Three Mile Views Preliminary Flat September 19, 2007 Page 2 Three Mile Views with Conditions S and 6 staying intact. It was further discussed in a letter from Sean Conrad dated July 27, 2007 to Montana Mapping explaining why it is appropriate to place common features within a common area and not on individual. lots. This letter is included as a matter of background information. In closing staff points out that the lots with the landscape, utility and bike path easement removed will still exceed the minimum lot size of the zone and will have adequate building sites as defined by our subdivision and zoning regulations. The applicants appear to have a housing model that unfortunately may be bigger than the lots that they own. while this is unfortunate, staff does not consider this an onerous hardship. Should the council wish to formally reconsider Conditions S & C or the preliminary plat, the applicants would apply to the planning office for an amendment to the approved preliminary plat and staff would then schedule the issue at that time for the next available city council meeting. Respectfully Submitted, Tom Jentz Report compiled: September 19, 2007 c: Theresa white, Kalispell City Clerk s H. ;atnc SEAN S. FRAMPTON SHARON M. MORRISON DOUGLAS SCOTTI RYAN D. PURDY VIA U.S. MAIL 11 M0 lr_'�(I S 0N;_i F AMle" T0Ng FRANK LLOYD WRIGHT BUILDING 341 CENTRAL AVENUE WHITEFISH, MONTANA 59937 TELEPHONE (4o6) 862-9600 FACSIMILE (4o6) 86z-96ii doug@morrisonframpton.com September 0, 2007 Toni Jentz Planning Director City of Kalispell Planning Department 17 Second Street East, Suite 211 Kalispell, Montana 59901 RE: Three Mile Views subdivision Dear Mr. Jentz: FRANK B. MORRISON, JR. (1937-aoo6) CERTIFIED CIVIL TRIAL A0VOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY FORMER MONTANA SUPREME CDURT JUST[CE * Licensed also in State of Louisiana I represent Birgensmith-Erickson Builders, LLC. Chuck Birgensmith and Richard Erickson asked me to review the conditions imposed on their proposed Three Mile Views subdivision. The City of Kalispell Council approved the preliminary plat for Three Mile Views on April 10, 2007. Condition #5 therein, a 20' landscape easement required within the common area, and condition #0, requiring that a homeowners association be created, have rendered the project not viable to the developers. Three Mile Views is therefore undevelopabie with the conditions imposed by you. The requirement that the bike path and drainage easements be placed within a common area, rather than allowing them to be incorporated into the lots, has resulted in the loss of sufficient uuildable area for the townholme sites. Th;s is caused by tha 0' imposed easement essentially doubling the mandated setbacks. The result of the easement condition is the removal of approximately 4110 acre of buildable area from the subdivision. This new encroachment into the building footprints results in a maximum livable space of only 950 square feet per unit, which is insufficient space to work with. The envisioned and planned townhomes for Three Mile Views are single -story, three -bedroom, two -bath units. With condition 5 applied, they can be no more than two - bedroom, one -bath units. Adding a story to the units is not viable because that would detrimentally affect the neighboring landowners' views, and the upstairs would be inaccessible for elderly and disabled future owners. Further, because Three Mile Views is proposed in a single-family residential neighborhood, the building of apartments there would be unacceptable. Adding to the dilemma is that two -bedroom, one -bath units would appropriately have a one -car garage rather than the planned two -car garages. This would in turn require a 25' setback from the front street rather than the 20' setback that a two car garage requires, causing the removal of additional buildable space, and Page 2 of 3 September 0, 2007 consequent reduction of the overall building area on the lot boundaries to not much more than the required minimum 40'x40. Further, a homeowners association was neither envisioned nor planned for by Birgensmith-Erickson Builders. I have found nothing in the applicable regulations which would allow the city to force a homeowners association on this subdivision. If you can point me to an applicable regulation, I would appreciate that. At present, this appears to basically be a forced maintenance plan, to include maintaining a right-of-way which the City does not intend to m:aj tai.n_::..(euen_ : Jf:hp # . pfp p.: to.. da p . it _ Qver .. t. som.e.. later. date, it would not do so soon enough from the developer's perspective). Supporting these unacceptable conditions appears to be the findings of fact regarding "access." However, from both an automobile and bicycle perspective, there is sufficient and adequate ingress/egress to the lots in the subdivision without the two conditions imposed. I recognize that the Growth Policy envisions a connected bicycle pathway. However, the bike path is already there and placing the bike path/landscape and drainage easements into a common area is not the only solution. One alternative could be (1) disallowing the fencing over of the landscape/bike path easement and (2) requiring maintenance of the landscape and drainage easements by the developer to the point of sale, and then transferring that requirement upon each individual lot owner upon sale of the lot. In any event, because a homeowners association was not planned for and my clients had no reasonable expectation of one being forced upon them, that forced requirement is another factor which renders this subdivision undevelopable with the currently imposed conditions. None of these requirements appear to have been consistently imposed on other subdivisions in the Three Mile area. While Three Mile subdivision may be unique, the developers feel that they have been singled out and forced into an untenable position. Damages already incurred by Birgensmith-Erickson include interest on construction loans, this lost selling season, and other consequences to the project being put on hold because of these questionable requirements. Their loan contract has a residual clause which allows them just 24 months to cornpiete the project or a "balloon" payrnei It will' be imposed. That deadline to complete will arise in November 2008. Further, Birgensmith- Erickson has paid for three versions or models of extensive architectural site reviews and plans, causing additional unexpected expense. With the foregoing in mind, please accept this as a final request for the city to amend their conditions of approval to (1) remove the clause in condition 5 requiring the 20' landscape easement and 20' utility easement be placed within a common area, and (2) remove the clause in condition 0 requiring a homeowners association. This would allow the developer to be able to proceed with this subdivision as it was planned. Any further delays will just incur more cost, forcing Birgensmith-Erickson to resort to litigation because of these unwarranted conditions imposed by you and your planning office --- with the taxpayers ultimately paying the price. Page 3 of 3 September 6, 2007 As another alternative, Birgensmith-Erickson Builders would agree to landscape and maintain to the bike path before and up to sale of the individual units. They would agree to build and require a uniform, standardized fence, to be maintained by the developer to the point of sale of individual units. They are open to considering other conditions as well. Ultimately, allowing Three Mile Views Subdivision to be built, while allowing the City to address its concerns, is possible without the unacceptable conditions discussed above. l urge you to reconsider your position on these discussed conditions imposed on Three Mile Views Subdivision. We are available to meet with you and discuss this matter at your convenience. l look forward to your reply within 7 days. Very truly yours, Doug Scotti Morrison &Frampton, PLLP DS1ww cc. Kalispell City Mayor, Pamela M. Kennedy Kalispell City Manager, James H. Patrick Kalispell City Planning Board President, Timothy Norton Montana Mapping Associates, Olaf Ervin Birgensmith-Erickson, LLC City of Kalispell Planning Department 17 - . d Street East, Suite 211, Kalispell, Montana 5)9901 Telephone: (406) 751-1850 Fax: (6) 7-51--1 SS8 website: www_kalispeU.com July 27, 2007 Montana Mapping Associates Attn: Olaf Ervin 1405 Highway 2 west Kali sp ell, MT 59901 RE: Three Mile Views condition of Approval #5 Dear Mr. Ervin, You requested the planning department provide you a letter briefly outlining the city's current policy requiring bike/ pedestrian paths to be included in a separate common area rather than within an easement over individual. properties. Specifically, your clients for the Three Mile Views subdivision have questioned why the existing 20--foot landscape easement along Three Mile Drive was required to be placed within a separate common area outside of individual lot boundaries. condition #5 of the Three Mile Viers subdivision reads as follows: 5. The 20 -foot landscape easement and 20 W-foot utility easement shall be located within a common area and not on individual lots as shown on the prehminary plat. Note: the detention pond easement may need to be expanded in accordance with the approved storm water drainage plan. The purpose for placing the 20--foot landscape and 20 -foot utility easement within a common area is to increase the separation between future houses and the traveling public. The planning department also had concerns with privacy fencing constructed along the bake path creating a canyon effect along the length of the bike path and having a consistent maintenance program for the bike path. As noted in the memo to city council for their April 16, 2007 meeting, at which they Considered the Three Mile Views preliminary plat request, common practice dictates that a common feature available to and used by the residents of the subdivision a-nd the general public be located in a common area, not on private property. This practice of placing a common feature such as a bike; pedestrian path within a common area has been incorporated into subdivisions along Three Mile Drive such as mountain Vista Estates, Spring Creek Estates, Empire Estates and more recently +� l .. l - -v - f � t`v l-.av e also placed bike paL 6 ��.s . Subd�� .slons �r� othzr pa1^-ts �� .he �:�. -� within a larger common area such as Silverbrook Estates and the Starling subdivision. I realize that including the 20-Moot landscape easement within a common area, thereby taping a certain amount of area out of each of the lots within the Three Mile Viers subdivision, did reduce the potential building area on the lots-. However, each of the proposed lots stili meet the i rm um building area as defined in the Kalispell Subdivision Regulations. The developer always has the option of requesting the condition be amended, in this case to remove the clause in condition 5 requiring the 20-Moot landscape easement and 20-foot utility easement be placed within a common area. I would only point out that you brought up this very issue at the planning board hearing and at the city council meeting but both the planning board's recommendation and the council's decision On the matter still required the easements to be located within a common area. If I can be of further assistance, do not hesitate to contact me. Sincerely, Sean Conrad Senior Planner RESOLUTION NO. 51 95 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF THREE MILE VIEWS SUBDIv3SION, MORE PARTICULARLY DESCRIBED AS LOT 3 OF BLOCK 2 of THE AMENDED SUBDIVISION PLAT OF LOTS 15 2 AND 3 OF BLOC 2 AND Lori' 24 OF BLOCK I OF THREE MILE SUBDIVISION, LOCATED IN THE SOUTH HALF OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Richard Erickson, 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 Commission held a public hearing on March 13, 2007 on the proposal and reviewed Subdivision Report #KPP-07-3 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Three Mile Views Subdivision subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of April 16, 2007, reviewed the Kalispell Planning Department Report #KPP-07--3, 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 L That the Findings of Fact contained in Kalispell Planning Department Report #KPP-07-3 are hereby adopted as the Findings of Fact of the City Council. SECTION 11. That the application of Richard Erickson for approval of the Preliminary Plat of Three Mile Views Subdivision, Kalispell, Flathead County, Montana is 1-trara�Yr +sr�rrrtiYrr�r� t+�i�icar+t f� �h� �i��l�['tTlrirt rhYlt�tf'i11Y1[*• Ii%,I %,k-Py [ppI.k"V VL-L aLLLIJL%J LLA%l LkJ1ILO VV A11%J11%A1k11J1113. l . Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat subject to the conditions of approval. (Kalispell Subdivision Regulations, Appendix C -- Final Plan 2. The parkland dedication requirements shall be ,net with the payment of cash in lieu for 0.54 of an acre parkland. The payment shall be based on the unimpmved fair market value of the area devoted to lots. (Kalispell Subdivision Regulations, Section 3.19). 3. The developer shall install the approved landscaping within the 20-foot landscape easernent as shown on the preiitninary plat. The landscaping shall include street trees and seeding in accordance with the Kalispell Parks and Recreation Departments standards. (Findings of Fact Section D, Parks and Open Space) 4. A bike path connections shall be installed within the existing 20-foot utility easement located between lots 5B and GA as shown on the preliminary plat. The bike path shall be 1 0-feet wide and comply with AASHTO standards for bike and pedestrian paths, and integrated into the sidewalk along Vista Loop and the bike and pedestrian path along Three Mile Drive. Plans for the bike path including the placement of removable bollards for access along the 20--foot utility easement shall be reviewed and approved by the Public works Department. (Findings of Fact Section A, Access) 5. The 20-foot landscape easement and. 20-foot utility easement shall be located within a common area and not on individual lots as shown on the preliminary plat. Note: the detention pond easement may need to be expanded in accordance with the approved storm water drainage plan. (Findings of Fact Section A, Access and Section G, Drainage) 6. A homeowners association for Three Mile Views Subdivision shall be created that includes a provision for the maintenance of the bike path, landscaping and storm water facilities located within the common area. (Findings of Fact Section A, Access) 7. The developer shall submit to the Kalispell Public works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Mote: this will require improvements to the north roadside ditch along Three Mile Drive. (Kalispell Design and Construction Standards) 8. The approved engineered drainage plan shall be implemented prior to final plat of the subdivision. (Kalispell Design and Construction Standards) 9. The developer shall provide a letter from the US postal Service indicating that mail service can be provided to the lots. If a new central box unit (CBU) is needed, the location of the CBU shall be approved by the US Postal Service. to addition, the mail delivery site shall be installed or bonded for prier to final plat approval. The mail delivery site and improvements shall also be reviewed and approved by the Public works Department. (Kalispell Subdivision Regulations, Section 3.22) 10. The property boundary adjacent to the vista Loop right-of-way for tot 10 shall be amended to be a minimum of 20-feet wide to comply with Section 3.06.8 of the Kalispell Subdivision Regulations. (Kalispell Subdivision Regulations, Section 3.06) 11. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in die area to City standards which are impacted by this subdivision.'? (Findings of Fact, Section D, Roads) 12. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 13 . A]I areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 14. That preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04 SECTION Ill. Upon proper review and filing of the Final Plat of said subdivision in the ogee 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 N AYOR OF THE CITY OF KALISPELL, THIS .16TH DAY OF APRIL, 2o07. ATTEST: f Theresa white City Clerk. Mayor City of Kalispell Planning Department 17 - 2 a Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com April 10, 2007 James H . Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, .MT 59903 Re: Preliminary Plat request for Three Mile Viers Subdivision. Dear Jim: The Kalispell City Planning Board met on March 13, 2007 and held a public hearing to consider a request by Richard Erickson for preliminary plat approval to create an 18 lot residential subdivision on approximately 2.8 acres. The property is within the City of Kalispell and is zoned RA- 1, Low Density Residential Apartment. The property is located along the south side of Vista Loop, between Vista Loop and Three Mile Drive, within the Three Mile Subdivision. The property can be legally described as Lot 3 of Block 2 of the Amended subdivision Plat of Dots 1, 2 and 3 of Block 2 and Lot 24 of Block 1 of Three Mile Subdivision., located in the South 1/2 of Section 1, Township 28 North, Range 22 West. Sean Conrad of the Kalispell Planning Department, presented staff report #KPP--07-3 and recommended the Planning Board consider recommending approval of the preliminary plat subject to 14 conditions. At the public hearing Olaf Ervin of Montana Mapping Associates spoke in favor of the subdivision and directed his comments to recommended Condition #5. Condition #5 recommends the 20-foot landscape easement, 20-foot utility easement and detention pond easement shown on the preliminary plat be located within a common area and not on individual lots. The minutes reflect that the developers had concerns with placing the easements listed in Condition. #5 in a common area because this would change the building setbacks on the lots. By changing the building setback locations it made it difficult for the building plans the developers had for the individual lots to work with the new setbacks. Mr. Ervin requested the board recommend approval of the proposed subdivision but that the developer reserves the right to further discuss Condition #5 if they find that it does not work with their building plans. Chuck Birgensmith, one of the developers and builders of the project, also spoke in favor of the project. After the public hearing the board discussed the proposal and a motion was made to recommend approval of the preliminary plat to the Kalispell City Council subject to the 14 conditions listed in the staff report. The motion passed unanimously. After the planning board hearing Mr. Ervin contacted city staff to further discuss Condition #5 and possibly amend it to allow the easements listed in Condition. #5 to be located on individual lots. In a letter dated March 15, 2007 from Mr. Ervin to Sean Conrad of the Kalispell Planning Department he indicates the Public works Department could allow some changes to the utility and drainage easements on the site provided some minor modifications were made to the recommended conditions of approval. This would include revising Condition #4 to increase the bike path to 12- feet in width and use removable bollards to allow vehicle access along the drainage easement. The Public works Department also recommended the existing stormwater detention pond be replaced with an approved stormwater infiltration system (subsurface stormwater detention facility) and that a note be placed on Condition #7 to require improvements to the ditch located on the north side of Three Mile Drive in order to allow water to flow from the project site to an existing culvert within the Three Mile Drive ditch. The Planning Department recommends the existing 20--foot utility easement be placed within a common area to provide for greater separation between the bike path proposed within this easement and future houses located to the east and west of the easement. If the 20-foot utility easement is allowed over the individual lots instead of being placed in a common area building setbacks would be taken from the centerline of the utility easement. Placing a 12--foot bike path within the utility easement would potentially provide a separation of only 6 feet from the bike path to the house. This will create a minimal separation between a house and the traveling public. If privacy fencing is placed along the bike path because of the paths proximity to the future homes, this would create a canyon effect along the length of the bike path. Common practice dictates that a common feature available to and used by the residents of the subdivision and the general public be located in a common area, not on private property. The Planning Department also recommends the Council consider requiring the existing 20-foot landscape easement be placed in common area instead of an easement on individual lots as discussed on pages 3 and 4 of the staff report. Not only is the Planning Department concerned with maintenance of the bike path, the Department is also concerned with providing separation between the existing bike path and future fences along the bike path. Therefore, the Council may consider the following amendments to the recommended conditions of approval based on the developer's request and input from city- staff. - Amend Condition 4 as follows: A bike path connection shall be installed within the existing 20-foot utility easement located between lots 5B and 6A as shown on the preliminary plat. The bike path shall be 12-feet wide and comply with AASHTC standards for bike and pedestrian paths, and integrated into the sidewalk along Vista Loop and the bike and pedestrian path along Three Mile Drive. Plans for the bike path including the placement of removable bollards for access along the 20-foot utility easement shall be reviewed and approved by the Public works Department. Amend condition S as follows: The 20--foot landscape easement and 20-foot utility easement shall be located within a common area and not on individual lots as shown on the preliminary plat. Note: the detention pond easement may need to be expanded in accordance with the approved storm water drainage plan. Amend Condition 7 as follows: The developer shall submit to the Kalispell Public works Department for review and approval a storrnwater report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Note: This will require improvements to the north roadside ditch along 'Three Mile Drive. Please schedule this matter for the April 16, 2007 regular Kalispell City Council meeting. You may contact this board or Sean Conrad at the Kalispell Planni*ta.g Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Timothy Norton President Attachments: Exhibit A Staff reports #KPP-07-3 and application materials Draft Minutes 3 / 13 / 07 planning board meeting Letter from Montana Mapping Associates dated 3/ 15/07 c w/ Att: Theresa white, Kalispell City Clerk c w/o Att: Richard Erickson lot Second Street East, Ste 5 Whitefish, MT 59937 Montana Mapping Associates Attu: Olaf Ervin 1405 Highway 2 West Kalispell, MT 59901 EXIMIT A THREE MILE VIEWS SUBDWISION PLAT CONDITIONS OF APPROVAL AS RECOMMENDER BY THE I ALISPELL CITY PLANNING BOARD MARCH 1 3, 2OOT The Kalispell city Planning Board recommends to the Kalispell city Council that the preliminary plat for Three Mile Viers subdivision be approved subject to the following conditions: I. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat subject to the conditions of approval. (Kalispell Subdivision Regulations, Appendix C -Final Plat) 2. The parkland dedication requirements shall be met with the payment of cash in lieu for 0.54 of an acre parkland. The payment shall be based on the unimproved fair market value of the area devoted to lots. (Kalispell Subdivision Regulations, Section 3.19). 3. The developer shall install the approved landscaping within the 20 -foot landscape easement as shown on the preliminary plat. The landscaping shall include street trees and seeding in accordance with the Kalispell Parks and Recreation Department's standards. (Findings of Fact Section D, Parks and Open space) 4. A bike path connection shall be installed within the existing 20-Moot utility easement located between lots SB and 6A as shown on the preliminary plat. The bike path shall be 10 -feet wide and comply with AASHTO standards for bike and pedestrian paths, and integrated into the sidewalk along Vista Loop and the bike and pedestrian path along Three Mile Drive. Plans for the bike path shall be reviewed and approved by the Public works Department. (Findings of Fact Section A, Access) 5. The 20--foot landscape easement, 20--foot utility easement and detention pond easement shall be located within a common area and not on individual lots as shown on the preliminary plat. Note: the detention pond easement may need to be expanded in accordance with the approved storm water drainage plan. (Findings of Fact section A, Access and Section C, Drainage) 6. A homeowners association for the subdivision shall be created that includes a provision for the maintenance of the bike path, landscaping and storm water facilities located within the common area. (Findings of Fact Section A, Access) 7. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. (Kalispell Design and Construction Standards) 8. The approved engineered drainage plan shall be implemented prior to final plat of the subdivision. (Kalispell Design and Construction Standards) 9. The developer shall provide a letter from the US Postal Service indicating that mail service can be provided to the lots. If a new central box unit (CBU) is needed, the location of the CBU shall be approved by the US Postal Service. In addition, the mail delivery site shall be installed or bonded for prior to final plat approval. The mail delivery site and improvements shall also be reviewed and approved by the Public Works Department. (Kalispell Subdivision Regulations, Section 3.22) 10. The property boundary adjacent to the Vista Loop right-of-way for lot 10 shall be azn.ended to be a minimum of 2 o -feet wide to comply with Section 3 . o6 . B of the Kalispell Subdivision Regulations. (Kalispell Subdivision Regulations, Section 3.06) 11. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." (Findings of Fact, Section D, Roads) 12. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed --free mix immediately after development. 14. That preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04 Or. 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Lat1A W car�a J W t LoreN W LOW W I tariYl�+ cotAs _ ¢ x : t t Ldf4v cI m b I W cOi `I i Lot 1 w I w I W I W I W I W ay ,�Lot.. �� ni�ly W q I in Ii.. Lot to M M M M M W a s h L.._.,_.._1 J� I I Vo Nq � oil o� II o aq lo�l N t, p Nr� Io l Wid I��t o� �f' q q o o o o N o� q L.._.._..J o o o o o $ o o 0 0 � o t bIL`—' p a t 5/8'Reber �p . PO'LandsapEosamon/ P• DEoosa»Li/Jnt q Ltf }L._._.- toniion 9568` I/P'Roba S 831S06" w � 20'Loodicaloa Easement 4:Y4'CosoroJa /*7}6. R/IY MoM�mant �J�2'+ 38.5/ 38.50 N 69•35 W E Blaring //P'Ribx 26,68 58.50 3&5/ 35.79 d'Y}'Concrete 1 R/w Mwoaaont TgIVA J `wAiF�f Bi {�li�'i 38.5/ 38.50 38.5 38.30 7704EEA/KEDfi/VL' 3025 Bea/s Of DAM R * BKCKEMVW * R£G/STRAT/ONMVA/BERB706LS notLs APPROVED 20 4� s OQ A MAMW LAND YO EC.. NO. PROPOSED BU/LO/NG PAD (Typical/ STATF OF MONTANA SS Laosw 57.00 PROPOSED 8MONS COUNTY OF FLATHEAD PAD (Typical/ FAGED MS— DAY OF , 2O_ A.D. SECTIMCORNER I I T 40.0' , 0AT__ O'CLOCK_M.. .o+ //4 CORNER ( :.#O O# CLERK AND RECORDER 0 CENTER Or S£CT/ON 9 06 CORNER 40 00 DEPUTY • FOUND SAME AS S£T (4XCEPT AS NOT£O) 57.00 O SET 5/8 `)Y24' REBAR WITH PLASTIC • � — . • _ • . — .. /NSTRUwr RECORD NUAABER CAP 5TAAbo£D BRECKEA6 OM O&L S