Staff Report - Peterson Prelim PlatPLANNING FOR THE FUTURE
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www Aalispel l.com/planning
SUBJECT: KPP-18-06 — Peterson Preliminary Plat Request
MEETING DATE: May 7, 2018
BACKGROUND: A request from Jeremy Peterson for a minor subdivision of a 1.01-acre tract into
four residential lots. The requested subdivision is a minor subdivision because the tract of land being
subdivided is an original tract of record and this is the first split from that original tract, creating five
(5) or fewer lots. Minor subdivisions do not require a public hearing or Planning Board approval and
are moved straight to Council for consideration. The property is located within the R-3 Zoning
District, which provides for single-family residential development. The applicant's intention is to
construct two-family housing on each of the lots for a total of eight (8) dwelling units if the requested
R-4 Zone is approved by the Council. If the requested R-4 Zone is not permitted than four (4)
dwelling units could be constructed. The application was reviewed in accordance with Section
28.2.07 and 28.7.01 of the Kalispell Subdivision Regulations.
RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution
5868, a resolution approving a request from Jeremy Peterson for minor subdivision Preliminary Plat
KPP-18-06, a minor subdivision preliminary plat with twenty (20) conditions of approval, located in
Parcel B of Certificate of Survey 2652 in Section 17, Township 28N, Range 21 W, P.M.M., Flathead
County, Montana.
FISCAL EFFECTS: Approval of the request will allow the applicant to proceed with development
of the site, which in turn will have positive fiscal impact.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 5868
April 10, 2018, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
c: Aimee Brunckhorst, Kalispell City Clerk
RESOLUTION NO.5868
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
PETERSON SUBDIVISION, MORE PARTICULARLY DESCRIBED AS PARCEL B OF
CERTIFICATE OF SURVEY 2652 IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21
WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Jeremy Peterson, the owner of the certain real property described above, has
petitioned for approval of the Subdivision Plat of said property; and
WHEREAS, the proposed Subdivision Plat of said property is subject to the provisions of Section
28.02.07 (Preliminary Plat Process — Minor Subdivision) of the Subdivision
Regulations of the City of Kalispell; and
WHEREAS, Planning Board staff has reviewed the proposed Subdivision and made a report
(KPP-18-06) to the City Council of the City of Kalispell, said report considering the
criteria set forth in Section 76-3-609 MCA; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of May 7, 2018,
reviewed the Kalispell Planning Department Report #KPP-18-06, 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 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-18-06 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Jeremy Peterson for approval of the Preliminary Plat
of Peterson Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
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.
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
3. 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. 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.
4. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control 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.
5. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
6. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction.
7. College Avenue shall be upgraded to an urban standard in accordance with the City of Kalispell
Construction and Design Standards the length of the property. Upgrades include curb and
gutter, sidewalk street trees and boulevard.
8. A 10' road reserve shall be dedicated to the City of Kalispell along College Avenue the entire
length of the subdivision.
9. 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.
10. 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.
11. 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
12. 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 installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also 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.
13. A letter shall be obtained from the Kalispell 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 be
provided to the Kalispell Parks and Recreation Department.
14. A cash in lieu of parkland in the amount of .03 acres per dwelling unit shall be provided. The
cash payment will be based off of the fair market value of undivided, unimproved land prior
to final plat approval.
15. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
16. All utilities shall be installed underground.
17. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
18. Basements are prohibited within the subdivision due to high groundwater.
19. Foundation drains and emergency sump pumps shall be installed at all residences that contain
a crawl space.
20. A variance to Section 28.3.11(G) of the Kalispell Subdivision Regulations shall be granted
waving the requirement that no lot shall have an average depth greater than three times its
average width unless the average lot width is greater than 200 feet.
SECTION 3. 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 SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 7TH DAY OF MAY, 2018.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
PETERSON PRELIMINARY PLAT
REQUEST FOR MINOR SUBDIVISION APPROVAL
STAFF REPORT #KPP-18-06
KALISPELL CITY COUNCIL
MAY 7, 2018
BACKGROUND INFORMATION: A request from Jeremy Peterson for a minor
subdivision of a 1.01-acre tract into four residential lots. The requested
subdivision is a minor subdivision because the tract of land being subdivided is
an original tract of record and this is the first split from that original tract,
creating five (5) or fewer lots. Minor subdivisions do not require a public hearing
or Planning Board approval and are moved straight to Council for consideration.
The 1.01-acre parcel will allow for a small infill project that will complement the
neighborhood. The applicant's goal is to subdivide the 1.01-acre property and
construct two-family residential housing. There is currently a single-family home
and appurtenant facilities located on the property that will be removed prior to
construction. The property is located within the R-3 Zoning District, which
provides for single-family residential development. The applicant's intention is to
construct two-family housing on each of the lots for a total of eight (8) dwelling
units if the requested R-4 Zone is approved by the Council. If the requested R-4
Zone is not permitted then four (4) dwelling units could be constructed. The
application will be reviewed in accordance with Section 28.2.07 of the Kalispell
Subdivision Regulations.
A. Petitioner and Owners: Jeremy Peterson
P.O. Box 8271
Kalispell, MT 59901
Technical Assistance: Sands Surveying
2 Village Loop
Kalispell, MT 59901
B. Location and Legal Description of Property: The property is located at
435 College Avenue and can be legally described as Parcel B of Certificate of
Survey 2652 and Tract 1 of Certificate of Survey 3235 in Section 17,
Township 28N, Range 21W, P.M.M., Flathead County, Montana.
C. Size:
Total: 1.01 acres
Lots: .963
Roads/Streets: .047
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D. Existing Land Use and Zoning: The property is mostly vacant with the
exception of some small accessory structures. The subject property is
currently zoned R-3 (Residential). The Kalispell Zoning Regulations state
that the intent of the R-3 zoning district is "to provide areas for urban
residential development. This district should have good thoroughfare
access, and be in proximity to community and neighborhood facilities, i.e.,
schools, parks, shopping areas, etc. Development within this district must
be served by all public utilities. This zoning district would typically be
found in areas designated as suburban residential or urban residential on
the Kalispell Growth Policy Future Land Use Map."
E. Adjacent Land Uses:
North: Single-family residences, townhouses, Mobile Home Park
East: Single-family residence
South: Vacant land
West: Single-family home and city park
F. Adjacent Zoning:
North: RA-1
East: R-3
South: R-3
West: R-3
G. General Land Use Character: The character of the neighborhood is
residential/mixed density. There are two unit townhomes, four unit
condominiums, a 30 unit manufactured home park and single-family
homes all in the immediate vicinity. The higher density developments are to
the north of the subject property and the single-family residences are
primarily to the southeast along Sylvan Drive. The subject property is
located at the transition point between the two development patterns.
H. Utilities and Public Services:
Sewer:
City sewer
Water:
City water
Refuse:
City collection services
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyLink
Schools:
Kalispell School District #5 - Hedges Elementary
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
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1. REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT OF
SOUTHSIDE ESTATES — PHASE 2 SUBDIVISION
A. Effects on Health and Safety:
Fire: The property would be considered to be at low risk of fire because any
building constructed within the subdivision would be built in accordance
with the Fire Code and have access which meets city standards. The
property does not have steep slopes or woody fuels. Hydrants will be
required to be placed in compliance with the requirements of the Fire Code
and approved by the Fire Chief.
Flooding: Flood Insurance Rate Map, panel number 30029C 1810J shows
the entire subdivision to be outside of the 100-year floodplain.
Access: Access is provided by College Avenue, an improved local street that
is not constructed to city standards. College Avenue connects to Sylvan
Drive to the east and Conrad Drive to the north which provides further
access into the neighboring transportation network, including the
downtown.
B. Effects on Wildlife and Wildlife Habitat: There are no known big game
wintering ranges, migration routes, nesting areas, wetlands, or important
habitat for rare or endangered species per the Kalispell Growth Policy
environmental considerations maps. The property is not considered suitable
habitat for other significant wildlife since the subject property is within an
urban area.
C. Effects on the Natural Environment:
The subject property exists in an established residential area of Kalispell.
The site is level and is not in or near a designated 100-year floodplain per
Flood Insurance Rate Map Number 30029C 1810J, nor is it subject to slope
failure, subsidence, or severe erosion. The subdivision will be served by
City of Kalispell water and sewer minimizing impacts to groundwater.
Impacts to the natural environment are not expected to occur as a result of
this minor subdivision.
D. Effects on Local Services:
Water: Water service to the subdivision would be provided by the City of
Kalispell from an existing water main located within College Avenue that
the developer would extend services south into the subdivision. The water
system for the subdivision will be reviewed and approved by the Kalispell
Public Works Department and Kalispell Fire Department as part of the
development of the subdivision. There is adequate capacity within the city's
water system to accommodate this development.
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Sewer: Sewer service will be provided by the City of Kalispell with an
extension of an existing sanitary sewer main located within College Avenue
that the developer would extend services south into the subdivision. The
sewer system for the subdivision will be reviewed and approved by the
Kalispell Public Works Department as part of the development of the
subdivision prior to final plat approval. There is adequate capacity within
the city's sewer system to accommodate this development.
Roads: The subdivisions main entrance will be off of College Avenue, which
abuts the property on its northern property line. College Avenue only has a
40 feet right-of-way and the city right-of-way is 60 feet. Accordingly, staff
has added a condition that an additional 10 feet of future road right-of-way
be dedicated to the city so that if the road were ever upgraded to city
standards there would be adequate room to install the necessary
improvements. Lastly, College Avenue will be constructed to city standards
and would include curb, gutter, sidewalks and landscaped boulevards
along the property frontage of the subdivision.
Schools: This site is within the boundaries of School District #5. Some
minor impacts to the district may be anticipated from the proposed lots
depending on the demographics of the residents. Section 76-3-608(1) of the
Montana Code Annotated states that the governing body may not deny
approval of a proposed subdivision based solely on the subdivision's
impacts on educational services.
Parks: The developer shall dedicate a cash in lieu payment equal to .03
acres per dwelling unit. It shall be up to the subdivider to provide
satisfactory evidence of the fair market value. The fair market value is the
value of undivided, unimproved land at the time of filing of final plat.
Police Protection: The property is served by the Kalispell Police Department.
It is not anticipated that this subdivision will significantly impact the
service provided by the Police Department.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department and the subdivision will be required to comply with the
International Fire Code.
Refuse Disposal: Solid waste disposal will be provided by the City of
Kalispell. No significant increased impacts are anticipated as a result of the
proposed subdivision.
Medical Services: Ambulance service is available from the fire department
and ALERT helicopter service. Kalispell Regional Medical Center is
approximately 2.5 miles from the site.
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E. Effects on Agriculture and agricultural water user facilities: The subject
property is in an urbanized area and located within city limits, and
adjacent to city water and sewer. Although the property is designated prime
farmland, there will be no impact to agriculture facilities in this case, as the
property has not been used for agriculture and is surrounded by
development to the north, south, east and west. No impact to water user
facilities are anticipated since the property will be served by a public water
system.
F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy
Future Land Use Map designates this area as Urban Residential
development, which anticipates a mix of primarily single-family and duplex
dwellings with a density of 3-12 dwelling units per acre. The density of the
proposed subdivision is in compliance with the anticipated density in the
area and the proposed residential uses of single-family and townhouses are
anticipated.
G. Compliance with Zoning: The property is located within the R-3 Zoning
District. The Kalispell Zoning Ordinance describes the intent of this
districts as:
The R-3 Zoning District "provides areas for urban residential development.
This district should have good thoroughfare access, and be in proximity to
community and neighborhood facilities, i.e., schools, parks, shopping
areas, etc. Development within this district must be served by all public
utilities. This zoning district would typically be found in areas designated
as suburban residential or urban residential on the Kalispell Growth Policy
Future Land Use Map."
The applicant is also requesting a zone change of the property to city R-4 to
accommodate two-family residential development. The Planning Board has
held a public hearing on the proposed zone change and has unanimously
recommended approval of an R-4 Zoning District on the subject property.
The Kalispell Zoning Ordinance described the intent of this district as:
The R-4 Zoning District is "comprised of primarily single-family and duplex
dwellings. Development within the district will require all public utilities,
and all community facilities. This zoning district would typically be found
in areas designated as urban residential on the Kalispell Growth Policy
Future Land Use Map."
Regardless of whether the council chooses to permit the rezone of the
property to R-4, all of the lots shown on the preliminary plat meet or exceed
the minimum lot size requirement of 6,000 square feet and minimum 50-
foot lot width requirement of both the R-3 and R-4 Zones.
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H. Compliance with the Kalispell Subdivision Regulations: This
subdivision request complies with provisions of the Kalispell Subdivision
Regulations except Sections 28.3.11(G) and 28.3.14, which is outlined
further below.
2. REVIEW AND FINDINGS OF FACT FOR PRELIMINARY PLAT VARIANCE
REQUEST
The City Council may grant variances from Chapter 28.3 and 28.4 of the
Kalispell Subdivision regulations when because of particular physical
surroundings, shape, or topographical conditions of a specific property,
strict compliance would result in undue hardship and when it would not be
essential to the public welfare. Such variances must not have the effect of
nullifying the intent and purpose of these regulations.
In this case the applicant is seeking a variance from Section 28.3.11(G) and
28.3.14 of the Kalispell Subdivision Regulations. Section 28.3.11(G)
requires that no lot shall have an average depth greater than three times its
average width unless the average lot width is greater than 200 feet. Section
28.3.14 requires that public right-of-way improvements including
pavement, curbs, gutters, boulevard treatment and drainage systems are
constructed to city standards. Each variance request is analyzed
individually below. The governing body shall not approve variances unless
it makes findings based upon evidence in each specific case that:
Variance request from Section 28.3.11(G)
1. The granting of the variance (s) will not be detrimental to the public health,
safety or general welfare or injurious to other adjoining properties.
The 3 to 1 ratio is a requirement in order to provide for uniform lots in
regards to size and shape. Long narrow lots are not an appropriate use of
space in new developments or urban environments because the
proportionality of the width/length typically creates lots that are
underutilized and often times unmaintainable in the rear portion of the lot.
Additionally, the requirement is in place for situations where a developer
may try to create long narrow lots in order to take advantage of existing
infrastructure without providing for additional infrastructure that could
fully utilize a given property. In this case, the applicant is proposing to
subdivide an existing 1-acre lot into four lots that will equate to an
approximately 4 to 1 ratio, as the lots are 50 feet wide and 204 feet long.
The granting of the variance will not be detrimental to the public health,
safety or general welfare or injurious to adjoin properties because the
proposed subdivision is still subject to the all applicable city regulations.
The zoning of the property will restrict uses and require standards that
would be compatible with the adjoining properties and those in the vicinity.
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2. The conditions on which the request for this variance is based are unique to
the property on which the variance is sought and are not applicable generally
to other property.
The conditions on which the variance requested is unique to this property
because the applicant is requesting to subdivide an existing lot in an infill
development area. In this case, the applicant is proposing to subdivide the
existing 1-acre lot into four lots that will equate to an approximately 4 to 1
ratio, slightly above the required 3 to 1 ratio. The applicants are not
requesting the variance to skirt existing regulations, but rather try to fully
utilize the property in a manner consistent will all other city regulations.
3. Because of the particular physical surroundings, shape, or topographical
conditions of the specific property involved, an undue hardship to the owner
would result, as distinguished by a mere inconvenience, if the strict letter of
these Regulations is enforced.
The area to be subdivide is an existing 1-acre lot surrounded by residential
development. The surrounding developments limit the applicant's ability to
obtain additional property, which would allow them to meet this standard.
There is not necessarily an undue hardship, as the applicant could
subdivide the property into three residential lots and meet this standard,
however, that is inconsistent with city growth policy, which encourages
infill development in areas where city services are available. Allowing for a
variance of this standard will allow for the full utilization of the subject
property, which otherwise will be required to meet all city standards.
4. This variance will not cause a substantial increase in public costs.
This variance will not cause a substantial increase in public costs for
taxpayers as the property will be developed in a manner consistent will all
other city regulations.
5. This variance will not, in any manner, vary the provisions of any adopted
zoning regulations, or Growth Policy.
This variance will not vary from any adopted zoning regulations or Growth
Policy. The developer is proposing to develop lots that comply with the
zoning minimum lot width of 50 feet, which is fairly characteristic
throughout the city. In so doing the standard length becomes slightly
longer (4:1 vs. maximum 3:1) because of the infill nature of the site. All
other city zoning regulations are being complied within in regards to the
subdivision and when a building permit application is submitted all
applicable zoning regulations will be reviewed for compliance. The City of
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Kalispell Growth Policy Plan -It 2035 recommends that the city services be
extended in order to provide for growth. The Growth Policy also encourages
infill housing where public services are available.
Variance request from Section 28.3.14
1. The granting of the variance (s) will not be detrimental to the public health,
safety or general welfare or injurious to other adjoining properties.
The requested variance from this section is contrary to adopted city
regulations that were adopted purely for the consideration of the public
health, safety and general welfare. The adopted city standard that the
applicant is requesting a variance from provides for an appropriate street
section that considers traffic, pedestrian mobility, drainage, landscaping
and snow removal. When implemented, the developer has taken care of the
impacts associated with the development. If the standards is not
implemented, than the developer is not appropriately addressing the
impacts the development will have on the surrounding community.
2. The conditions on which the request for this variance is based are unique to
the property on which the variance is sought and are not applicable generally
to other property.
The conditions for this variance request are not unique to this property.
Although there are no city improvements in the vicinity, it is city policy and
common practice to require city improvements of all new developments
even when there are not any city improvements in the area. It would be
inconsistent with the policies that the city has been implementing, which
have resulted in vast improvements throughout underserved areas and
begin the process of bringing those areas in compliance with adopted city
standards.
3. Because of the particular physical surroundings, shape, or topographical
conditions of the specific property involved, an undue hardship to the owner
would result, as distinguished by a mere inconvenience, if the strict letter of
these Regulations is enforced.
There are no particular physical conditions that would limit the applicants
ability to implement this requirement as the road is relatively flat and the
right-of-way is being granted in order to provide for the improvements.
4. This variance will not cause a substantial increase in public costs.
A variance from this request could cause a substantial public cost to the
city in the future because if College Avenue is ever improved to city
standards this portion of the roadway will not be improved. Accordingly, the
city would be tasked with doing the improvements along the subject
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property, which will be a direct cost to the taxpayers.
5. This variance will not, in any manner, vary the provisions of any adopted
zoning regulations, or Growth Policy.
A variance from this requirement varies from the Growth Policy, which
encourages consistent government policies for development of
infrastructure within urban areas. The city has consistently required these
improvements of all new subdivisions and approving the variance would be
inconsistent with past policies.
Based off of the information provided above, staff recommends approval of the
variance request from Section 28.3.11(G) , which is provided for in condition
number twenty (20) below. Staff does not recommend approval of the variance
request from Section 28.3.14.
RECOMMENDATION
Staff recommends that the Kalispell City Council adopt staff report KPP-18-06 as
findings of fact and approve the Peterson preliminary plat, subject to the
conditions listed below:
CONDITIONS OF APPROVAL
1. 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.
2. The preliminary plat approval shall be valid for a period of three years from
the date of approval.
3. 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. 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.
4. The developer shall submit to the Kalispell Public Works Department prior
to construction an erosion/sediment control 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.
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5. The developer shall submit water and sanitary sewer plans, applicable
specifications, and design reports to the Kalispell Public Works Department
and the Montana Department of Environmental Quality for concurrent
review, with approval of both required prior to construction.
6. The developer shall submit the street design to the Kalispell Public Works
Department for review and approval prior to construction.
7. College Avenue shall be upgraded to an urban standard in accordance with
the City of Kalispell Construction and Design Standards the length of the
property. Upgrades include curb and gutter, sidewalk street trees and
boulevard.
8. A 10' road reserve shall be dedicated to the City of Kalispell along College
Avenue the entire length of the subdivision.
9. 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.
10. 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.
11. 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
12. 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 installed or
bonded for prior to final plat. In addition, the mail delivery site and
improvements shall also 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.
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13. A letter shall be obtained from the Kalispell 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 be
provided to the Kalispell Parks and Recreation Department.
14. A cash in lieu of parkland in the amount of .03 acres per dwelling unit shall
be provided. The cash payment will be based off of the fair market value of
undivided, unimproved land prior to final plat approval.
15. A minimum of two-thirds of the necessary infrastructure for the subdivision
shall be completed prior to final plat submittal.
16. All utilities shall be installed underground.
17. All areas disturbed during development shall be re -vegetated with a weed -
free mix immediately after development.
18. Basements are prohibited within the subdivision due to high groundwater.
19. Foundation drains and emergency sump pumps shall be installed at all
residences that contain a crawl space.
20. A variance to Section 28.3.11(G) of the Kalispell Subdivision Regulations
shall be granted waving the requirement that no lot shall have an average
depth greater than three times its average width unless the average lot
width is greater than 200 feet.
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