1. Amendments to Willow Creek Planned Unit Development - Pedestrian Trail ChangesPlanning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.katispell.com/planning
REPORT TO: Doug Russell, City Manager
FROM: Tom Jentz, Director
SUBJECT Amendments to Willow Creek PUD — Pedestrian Trail Changes
MEETING DATE: Council Work Session — August 26, 2013
Wayne Turner, developer of the Willow Creek subdivision located between Foys Lake Road and
Ashley Creek on the west side of Kalispell has requested several significant amendments to the
approved PUD agreement for Willow Creek. The amendments deal with the location and design
of the bike -pedestrian trail system. This action has therefore been scheduled as a work session
item so that staff can better explain the issues and recommendation.
Background
On July 5, 2010, Wayne Turner d.b.a. Trigon, Inc., received PUD approval to develop a 471 lot
residential subdivision on 140 acres of land bounded on the south by Foys Lake Road, on the
north by Ashley Creek and the east by the US Highway 93 Alternate Route. Ordinance 1678
approving the PUD contained 33 conditions of approval. Condition #33, which was added by the
city council, required that the proposed pedestrian trail be placed in a grade separated box culvert
as it crossed the main northern access road "Plymouth Crossing". This condition was placed on
the PUD to address concerns raised by representatives of the Rails to Trails organization of
Northwest Montana. They felt that Plymouth Crossing would sever the Meridian Trail and create
a safety hazard as there were no other road crossings along the two mile stretch between North
Meridian Road in Kalispell, and Dern Road to the west. At that council meeting, there was
discussion as to how to resolve this subdivision road/trail crossing issue. The initial suggestion
was to have a grade separated crossing at the Meridian Trail intersection and require the
developer to build a pedestrian bridge over the top of Plymouth Crossing Road. This bridge
crossing was outside of the formal subdivision on land that was still in the county and there were
some legal concerns about the city's ability to require this type of off -site condition. In the end,
this issue was resolved by requiring that the trail cross the primary north access road (Plymouth
Crossing) inside the subdivision via a box culvert. The condition stated:
33. The/bike/pedestrian trail will continue on the north side of the Willow Creek
development, cross under the street (Plymouth Crossing) in a box culvert and then
proceed north back to the original trail.
Wayne Turner began meeting with the planning office staff approximately a year ago to re-
consider this issue. It was Wayne Turner's contention that the box culvert was going to create
more issues than it would resolve. Those issues included:
• The box culvert was going to be approximately 75-100 feet long and be the subject of
graffiti and safety issues as people may not want to use it at night or in the evening.
• Water and sewer mains were planned for Plymouth Crossing Road. The lines had to be at
least 3-6 feet underground and there was no room to construct an 8 foot tall box culvert
under Plymouth Crossing with the utilities in place in the road.
• The outlet of the box culvert was extremely close to the floodplain of Ashley Creek.
• The box culvert was significantly expensive.
• There were better ways to handle the pedestrian crossing issue in light of the fact that the
newly constructed bypass has provided a relief valve for much of the traffic that might
have used Willow Creek as a cut across to US 2.
The planning staff agreed to work with Mr. Turner to see if we could mutually address his
concerns. We informed Mr. Turner that the Rails to Trails organization was involved in the
setting of this condition and should be included in the discussions.
Planning staff then proceeded to meet with Wayne Turner and his representative, Tom Esch, and
with the Rails to Trails organization. In the end, we were able to draft a 9 point agreement that
addressed Mr. Turner's, Rails to Trails, and the city staff's concerns. The agreement was signed
by both Wayne Turner and the Rails to Trails organization. While it goes beyond just addressing
Condition #33 of the PUD agreement it will serve as the focus point of our discussion at the
work session.
At the work session staff will present the option of replacing the underground culvert with an at -
grade crossing as well as showing a proposed trail modification that brings the pedestrian traffic
out of Willow Creek and onto the Meridian Trail at a different and much safer location. A copy
of the 9 point agreement and a map of the proposed trail changes are attached. In addition, please
find enclosed a copy of Ordinance #1678 approving the Willow Creek PUD dated July 19, 2010.
If the council wishes to proceed with this amendment, the item will be brought forward for action
at a formal council meeting to be scheduled.
Agreement to Improve Rails to Trails
Access and Safety
This agreement is between Rails to Trails of NW Montana, Wayne Turner and the City
of Kalispell, for the purpose of improving the safety and access to the Rails to Trails
west of Kalispell as follows:
1. The City of Kalispell shall obtain the old railroad right-of-way now owned MDT,
including that portion which bisects Wayne's Hoffert property. This is a condition
precedent to all of the next provisions.
2. Wayne shall grade a parking area on the City's right-of-way at the Hoffert
property in the general location from his access road to the location of the old
railroad water well, using the existing ballast as material. This shall be completed
by May 15, 2013. It will not be paved at this time. Rails to Trails shall be
responsible for all future upkeep and maintenance of the parking area.
3. Wayne shall grant a perpetual easement along his access road to Rails -to -Trails
to access the new parking area. This shall be completed by May 15, 2013.
4. Wayne may continue to maintain the access road only as he needed for his
purposes, but shall not be required to maintain the road for access to the parking
area. There may be no winter maintenance of the road unless Wayne needs it
for his purposes. If Rails to Trails wishes to do minimal improvements to the
road, they may after receiving approval from Wayne.
5. When and if the trail is ever built through the Willow Creek Subdivision the route
shall be modified from being adjacent to the subdivision road to diverting west
after crossing Ashley Creek to the western boundary of Wayne's property. The
new trail shall be designed to ASHTO Standards, have a minimum travel surface
width of 10 feet and the grade shall not exceed 5%, as depicted in Attachment A.
6. Rails-Lo-Trails and the City agree to modify the required crossing of the new trail
in the Willow Creek Subdivision PUD from the now required underpass to an at
grade crossing with signage and neck -down curbing to allow for the safe crossing
of the subdivision road similar to the crossings at the Bypass roundabouts.
7. There is no agreement about access at Fenn Way as part of this agreement. If
the City or Rails -to -Trail obtains permission from the railroad to build parking on
the north side of the end of the rail right-of-way the parties will revisit this
location.
8. Wayne may sign Fenn Way "No -Trespassing" at the intersection of Appleway
and Fenn Way. If he so chooses, he may gate Fenn Way to prohibit or inhibit
trespass on his property.
9. Wayne shall move back off of the Rails -to -Trails Easement the line of rock that
was placed along the trail on the east side of Fenn Way where the Meridian Trail
crosses Fenn Way. This will allow Rails -to -Trails the ability to maintain the weeds
along the southern edge of the trail and remove a safety hazard from off of the
trail.
Dated this
WayneTurner
Owner
The City of Kalispell,
I:a
day of
2012.
Dick Siderius
President, Rails To Trails of NW Montana
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Return to:
Theresa White
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
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ORDINANCE NO. 1678
AN ORDINANCE TO AMEND ORDINANCE 1625, WHICH AMENDED SECTION
27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE,
(ORDINANCE NO.1460), BY ZONING CERTAIN REAL PROPERTY 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 AND
DESCRIBED AS CERTAIN TRACTS WITHIN CERTIFICATE OF SURVEY NO. 18086
AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
+ (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
KAit.tSPE1,t, GROWTH tI YOY.11.Y 4020, AND TO PROVIDY. AN EFFECTIVE DATE.
V
WHEREAS, Wayne Turner, then owner of the property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tract of land
be zoned R-3, Urban Single Family Residential, with a Planned Unit Development
' overlay on approximately 139 acres of the total of approximately 165 acres of land,
and
WHEREAS, the property is located on the north side of Foys Lake Road '/4 mile west of the
i� current city limits along Meridian Road, and
WHEREAS, on December 17, 2007, the City Council, after considering all the evidence submitted
on the proposal to zone the property as described R-3, Urban Single Family
Residential with a Planned Unit Development overlay, found such zoning to be
consistent with the Kalispell Growth Policy 2020 and adopted the findings of fact of
the Kalispell Planning Department as set forth in Staff Report No. KPUD-07-1 with
certain amendments, based upon the criterion set forth in Section 76-3-608, M.C.A.,
i and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, and;
WHEREAS, Trigon, Inc., the successor in interest to the above -described property has applied to
amend the Planned Unit Development by reducing the number of lots and modifying
the housing type to include primarily single family residential; and
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WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
May 11, 2010, on the proposal and reviewed Staff Report #KPUD-10-1 issued by the
Kalispell Planning Office and made its recommendation to the City Council to
approve the amendments to the Planned Unit Development upon certain listed
conditions; and
WHEREAS, on July 5, 2010, the City Council, after considering all the written and oral evidence
submitted on the proposal to zone the property as described R-3, Urban Single
Family Residential with amendments to the Planned Unit Development overlay,
found such zoning to be consistent with the Kalispell Growth Policy 2020 and
adopted the findings of fact of the Kalispell Planning Department as set forth in Staff
Report No. KPUD-10-1, based upon the criterion set forth in Section 76-3-608,
M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning 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 139 acres.
SECTION II. The Planned Unit Development proposed by Wayne Turner upon the real
property described above is hereby approved, subject to the following
conditions:
PUD Conditions
The Planned Unit Development for Willow Creek allows the following deviations from the
Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance:
A. Kalispell Subdivision Regulations, Section 3.07, B (Blocks)
Allows the block lengths to exceed 1,200 feet as shown on the PUD plan referenced
in condition #2.
B. Kalispell Zoning Ordinance, Section 27.06.040 (1)(Minimum lot area in the R-3
zoning district)
Allows the minimum lot area to be reduced from 7,000 square feet to 4,000 square
feet for detached single-family lots and 2,400 square feet for townhouse lots.
C. Kalispell Zoning Ordinance, Section 27.06.040 (2)(Minimum lot width in the R-3
zoning district)
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Allows the minimum lot width for single family detached lots to be reduced down to
40 feet and 24 feet for townhouse lots.
D. Kalispell Zoning Ordinance, Section 27.06,040 (3)(Minimum building setbacks)
Allows the front and side corner setbacks reduced to 10 44 feet. Rear yard setbacks
are reduced to 10 feet. Such reduction shall only apply to the house for front and side
corner setbacks. Garages shall meet the 20-foot setback provided for in the R-3
zoning district if accessed off of the street.
E. Kalispell Zoning Ordinance, Section 27.06.040 (5)(Permitted lot coverage)
Allows the permitted lot coverage to increase to a maximum of 70% for the row
house lots (lots 68-87, 95-126 and 247-258).
F. Kalispell Subdivision Regulations, Section 3.06,E (Minimum Building Site)
Allows building sites on lots less than the 40'x40' required minimum.
G. Kalispell Subdivision Regulations, Section 3.09,A (Streets And Roads — Design
Standards)
Allows a 10-foot bike trail on the east side of the creek crossing with no boulevard
separation between the bike trail and street. This deviation also allows the use of the
10-foot bike trail in lieu of a sidewalk along Duxbury Loop between lots 168 and
169.
Note: Fencing along both sides of the creek crossing and a guard rail between the
trail and street shall be included in the creek crossing design for safety purposes
H. Kalispell Zoning Ordinance, Section 27.22.090 (Fences, Walls and Hedges)
Allowing fences 48 inches tall within or bounding the front setback area in all areas
of the proposed subdivision. This only applies to fences and in no case shall the
fence be solid.
2. The development of the 140 acre site shall substantially comply with the following maps and
elevations submitted as part of the Planned Unit Development application:
A. Housing exhibits and typical lot elevations
B. All street and alley cross sections
Note: All roads shall be designed to meet the city's minimum roadway widths
Boulevard widths shown on the street cross sections shall not be reduced.
C. Trail cross section
D. Land Use Key
E. Parks and open space landscaping and improvement plans
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Note: These plans will be modified by additional conditions of approval
3. The Willow Creek conceptual site plan shall be revised to incorporate the conditions of
approval of the PUD and preliminary plat to provide for the total number of dwelling units
on the site. The revised site plan shall be submitted prior to the final plat of phase 1.
Note: The implementation of the conditions may result in the loss of lots.
4. On the final plat containing townhouse lots, all townhouse lots shall be identified as A, B, C
etc. with the lot number to correspond to the parent lot.
5. Gemef let-, tinder- 6,000 squai:e feet in size shall have a ffifflifflaRi 18t;Adth 4 the 413fit 1E)
line of 45 feet for detaehed sifigle family lets and 35 feet faf �ewAouse Condition
removed per council action on July 6, 2010.
6. All lots adjacent to an alley are restricted to have their driveways and garages accessed off of
the alley.
7. Alley construction shall include a concrete approach to the street.
8. The engineering designs shall include the use of bulb -outs allowing a maximum 22 foot wide
travel surface to reduce traffic speed and provide for a safer trail crossing along Plymouth
Crossing.
9. A trail shall be constructed between lots 330 and 331. The trail shall be located within a
minimum 15-foot wide right-of-way with the trail width and construction standards
determined by the Parks and Recreation Department. The trail right-of-way shall be shown
on the final plat and the trail shall be constructed or bonded for to the approved width and
construction standards prior final plat approval.
10. Staking by a licensed surveyor for each lot under 6,000 square feet shall be in place prior to
and during construction of homes on the lots to assure setbacks are being met. Staking for
building foundations shall be offset from the foundation to assure stakes are in place during
and after excavation of the building pad.
11. A minimum of 14.13 acres of developed parkland shall be provided within the Willow Creek
subdivision.
Note: Parkland is based on the minimum requirement of 0.03 acres per dwelling unit. The
14.13 acres is based on a total of 471 dwelling units which may change if lots are eliminated.
12. Prior to final plat approval of phase 1 the developer shall provide a detailed design of the
open space along Foys Lake Road which shall reflect the cross-section and perimeter
treatment approved in 2007. The plan shall include the following:
A. The landscaping shall include a combination of native bushes and groundcover.
B. Incorporate the common fence and associated landscaping required in condition 13.
C. The retaining walls shall be a split faced rock, as the approved Willow Creek PUD
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application included, with retaining walls not exceeding 3 feet in height before a
landscaped retaining area, a minimum of 4 feet in width, is provided.
D. The walls shall begin and end by tapering into slopes exceeding a 3:1 ratio.
The plan shall be reviewed and approved by the planning department and parks and
recreation department with improvements installed in accordance with an approved
schedule.
13. A five (5) foot tall vinyl fence shall be installed by the developer abutting the rear property
boundary of lots 1-7 of phase 3, lots 453-458 of phase 2 and lots 459-471 of phase 1. The
fencing shall be located in the common area and shall be owned and maintained as a
common area feature. The fence shall comply with the fencing elevations approved for the
Willow Creek PUD. All fencing shall be installed prior to final plat approval of the pertinent
phase that they are located in.
Note: The developer shall provide for a visual screen for the fence along Foys 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.
14. A note shall be placed on the final plat for phases 1, 2 and 3 prohibiting the property owners
of lots 1-7 of phase 3, lots 453-458 of phase 2 and lots 459-471 of phase 1 from installing
any additional rear yard fencing.
15. The developer shall submit a detailed cross-section from the edge of asphalt on the south side
of Foys Lake Road through the lots 463 and 46 to tre north side of Duxbury Drive. The
cross sections shall be included with the engineering drawings for the subdivisions to be
reviewed and approved by the Public Works Department.
16. A Homeowners Association shall be created for the maintenance of the bike trails in the
open space areas, storm water facilities, open space areas not dedicated to the city, , fencing
and retaining walls along Foys Lake Road and alleys within the Willow Creek subdivision.
The maintenance provisions in the homeowners association shall include mowing or
trimming the grasses within the common area to reduce the fire hazard and spread of noxious
weeds and maintain an aesthetic and pleasing appearance. The association shall be
established prior to the final plat of phase 1.
Note: Maintenance along Foys Lake Road shall include the open space areas and boulevard
maintenance up to the edge of Foys Lake Road.
17. The developer shall provide the Parks and Recreation Department with a revised park
improvement plan and layout of parks A, C, and E. In addition to the plans submitted with
the application, improvements to the parks shall include top soil, irrigation, landscaping,
playgrounds, benches, trash receptacles, hard surface play areas and gazebos. The specific
improvements to each park shall coincide with the details listed under section E of the PUD
report. The plan for each park shall be reviewed and approved by the parks and recreation
department in conjunction with the Police Department for the security lighting.
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18. The developer shall provide minor amenities (i.e. benches, picnic tables and trash
receptacles) within the open space area along Ashley Creek. A plan of these amenities shall
be provided to the Parks and Recreation Department and Montanan Department of Fish,
Wildlife and Parks for review and approval.
19. Lots 413 and 414 shall be removed and the corner of Park E surrounded by lots 422-430 shall
be modified to incorporate the land in the surrounding lots. The southern access trail to
Duxbury Loop shall be moved east between lots 429 and 430. The revised park design shall
be reviewed and approved by the Parks and Recreation Department prior to the final plat of
phase 2.
20. A pedestrian/ bike path plan shall be provided to the Parks and Recreation Department and
Police Department which includes the pathway width, construction materials, and security
lighting for the paths located throughout the Willow Creek subdivision. Specifications for
the bike path construction will be determined by the Parks and Recreation Department with
recommendations provided by the Montana Fish, Wildlife and Parks in areas where the path
comes within 200 feet of the high water line of Ashley Creek. The pedestrian/ bike path plan
shall also provide for a connection to the future bike path along the Highway 93 alternate
truck route at Foys Lake Road and at the Ashley Creek Crossing in the northeast corner of
the subdivision and at Highway 2.
21. The park areas shall be dedicated and improved in accordance with an approved plan by the
Parks and Recreation Department pursuant to the following phasing plan:
A. Phase 1 — Provide a cash in lieu payment to be held by the city until park E is
improved and dedicated.
B. Phase 2 — Dedicate and improve park E
C. Phase 4 — Dedicate and improve park C. In addition, the streets surrounding park C,
Suffolk Way and Van Ness Drive, will need to be constructed.
D. Phase 6 —Dedicate and improve park A
22. The trail system shall be constructed in accordance with the approved plan by the Parks and
Recreation Department pursuant to the following phasing plan:
A. Phase 1 — Construct the trail along the subdivisions entire length of Foys Lake Road
and connect to sidewalks at the intersection of Foys Lake Road and the alternate
truck route.
B. Phase 3 — Construct a portion of the trail in park B from the existing trail along Foys
Lake Road north to connect with the trail planned for the south side of Ashley Creek
in the MDT right-of-way.
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C. Phase 5 — Construct the entire length of the trail shown in park A.
D. Phase 6 — Complete the trail within park B
23. 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 of each phase of the final plat of phases 1-8 of the Willow Creek subdivision.
24. In the event the Homeowners Association fails to maintain its properties, the park
maintenance district program may be initiated by the city to provide maintenance for some or
all of the public or private improvements required to be maintained by the Homeowners
Association.
25. The developer shall provide the Parks and Recreation Department a revised landscaping and
irrigation plan for the open space areas within the PUD site. The approved landscaping and
irrigation plan shall be installed per the phased improvement schedule for Foys Lake Road
specified in condition 48 of the preliminary plat approval and park and trail improvement
schedule specified in conditions 21 and 22. (Findings of Fact Section D)
26. The right-of-way for Plymouth Crossing shall extend to the eastern edge of tract 1 of COS
18395.
27. The following design standards and conditions are required for the trail crossing north of the
PUD site:
A. An at grade trail crossing shall be designed to AASHTO guidelines for trail path
design and construction as well as the Americans with Disabilities Act Access
Guidelines. Access ramps shall include detectable warning strips.
B. Signs shall be placed in the right-of-way both north and south of the trail informing
vehicles of the upcoming trail crossing and narrowed street width.
C. Manually activated flashing lights warning vehicles of pedestrians or bicyclists
crossing the street shall be located on both the east and west sides of the street.
D. The street design shall utilize lane narrowing and reduce the vehicle travel surface
width down to 22 feet.
E. The trail crossing at the street shall include stamped colored concrete the width of the
trail.
The trail crossing designs shall be reviewed and approved by the Montana Department of
Transportation (MDT), Flathead County and City of Kalispell prior to construction.
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Note: To construct the recommended improvements the developer may be required to work
outside of an existing 200 foot wide easement the developer currently has for the street
crossing. If this is the case, the developer will need to acquire authority to work outside of
the 200 foot easement from Flathead County and MDT.
28. The developer shall provide a plan for construction crossing and temporary trail closure for
the city, county and MDT to review and approve. The plan will need to include the
following:
A. Timeframes of when construction equipment will be crossing the trail and when and
for how long the trail is expected to be closed for the street construction at any given
time as well as a trail relocation program
B. Signs and sign locations notifying trail users of construction equipment crossing the
trail and temporary closure of the trail
C. A maintenance plan for the trail to address damage and dirt/debris removal caused by
equipment crossing the trail
D. Bonding provisions to address damage and clean up of the trail and provide for funds
to finish the trail reconstruction at the street crossing
This plan shall be approved prior to final plat approval of phase 1.
29. The power, phone, natural gas and cable television lines shall be located within the alley
right-of-way. Where an alley is not adjacent to the lot the power, phone, natural gas and
cable television lines shall be located within a separate 10-foot easement outside of the road
right-of-way easement.
30 That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal for each phase. The minimum of two-thirds of the
necessary infrastructure shall include the extension of water and sewer mains to the site and
the necessary improvements to transport effluent back to the city sewage treatment plant.
31 The final plats for the Willow Creek subdivision shall be filed consecutively from phase 1
through phase 8. The first phase shall be filed within three years of approval of the effective
date of this PUD. Each successive phase shall be filed within two years of final plat approval
of the previous phase.
32 That a development agreement be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site that shall be
completed and accepted by the city prior to final plat approval of phase 1.
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33. The bike/pedestrian trail will continue on the north side of the Willow Creek development,
cross under the street in a box culvert and then proceed north back to the original trail.
SECTION III. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 1qTH DAY OF JULY, 2010.
Tammi fisher
Mayor
ATTEST:
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