Resolution 5252/Preliminary PlatRESOLUTION NO.5252
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
WILLOW CREEK SUBDIVISION, LOCATED WITHIN THE NORTH HALF OF THE
NORTH HALF OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 28 NORTH, RANGE
22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND DESCRIBED AS CERTAIN
TRACTS WITHIN CERTIFICATE OF SURVEY NO.18086 AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO.
WHEREAS, Wayne Turner, the owner of the certain real property described above, has petitioned
for approval of the Subdivision Plat of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
November 13, 2007 on the proposal and reviewed Subdivision Report #KPP-07-2
issued by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Willow Creek Subdivision subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of December
3, 2007, reviewed the Kalispell Planning Department Report #KPP-07-2, reviewed
the recommendations of the Kalispell City Planning Board and Zoning Commission,
and found from the Preliminary Plat, and evidence, that the subdivision is in the
public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-07-2 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Wayne Turner for approval of the Preliminary Plat of
Willow Creek Subdivision, Kalispell, Flathead County, Montana 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 the 1,200 feet and allows blocks less than 300
feet as shown on the draft PUD submittals referenced in condition #2.
B. Kalispell Zoning Ordinance, Section 27.06.020 and 27.06.030 (Permitted and
conditional uses in the R-3 zoning district)
Allows multi -family buildings in the R-3 zoning district.
C. Kalispell Zoning Ordinance, Section 27.06.040 (1)(Minimum lot area in the R-3
zoning district)
Allows the minimum lot area to be reduced from 7,000 square feet to 4,000 square
feet for detached single-family lots.
D. Kalispell Zoning Ordinance, Section 27.06.040 (3)(Minimum building setbacks)
Allows the front, side corner and rear setbacks reduced to 10 feet for lots less than
7,000 square feet. On lots 7,000 square feet or more the front and side corner
setbacks shall be 20 feet and the rear setback would be allowed at 10 feet. The multi-
family buildings and garages shall meet the 20-foot setback provided for in the R-3
zoning district. Such reduction shall only apply to the house. The multi -family
buildings and garages shall meet the 20-foot setback provided for in the R-3 zoning
district.
E. Kalispell Zoning Ordinance, Section 27.22.090 (Fences, Walls and Hedges)
Allowing fences 48 inches tall within or bounding the front setback area in all areas
of the proposed subdivision. This only applies to fences and in no case shall the
fence be solid.
2. The development of the 140.5 acre site shall substantially comply with the following maps
and elevations submitted as part of the Planned Unit Development application:
A. Figures 3.1, 3.3, 3AD, 3.4E, 3.5-3.11A, 3.14-3.19, 3.20 (A,B&C), 3.21(A&B), 3.22 &
3.22A, 3.23, and 4.3
B. Figures 3.4A, 3.4B and 3.4C(type I and H)
Note: All roads shall be designed to meet the city's minimum roadway widths (i.e.
Figure 3.4C shows a 28-foot wide road from the face of curb to face of curb. City
standards require 28-feet of driving surface in addition to the 2-foot curbs on either side
of the roadway). Boulevard widths shown on exhibits 3.4A, 3.4B and 3.4C(type I and H)
shall not be reduced.
C. Figure 3.12
Note: The bike/pedestrian path shall be located between the building and the earth berm
or landscaping adjacent to the Highway 93 by-pass in accordance with condition 5.
D. Figure 3.11
Note: Additional land may be required between the fence and retaining wall to
accommodate landscaping and irrigation.
3. The Willow Creek conceptual site plan shall be revised to incorporate the conditions of
approval of the PUD and preliminary plat to provide for the total number of dwelling units
on the site. The revised site plan shall be submitted prior to the final plat of phase 1.
Note: The implementation of the conditions may result in the loss of dwelling units.
4. Pedestrian pathways shall be located either midway on blocks exceeding 1,200 feet in length
or in the area of the block exceeding 1,200 feet which would provide the best connectivity to
surrounding streets or pedestrian/bike paths. The pathways shall be located within a
minimum 15-foot wide easement located outside of any platted lot with the path width and
construction standards determined by the Parks and Recreation Department. The pathway
easements shall be shown on the final plat and the path shall be constructed or bonded for to
the approved width and construction standards prior final plat approval.
5. Prior to issuance of a building permit for each of the multi -family (condominium) buildings,
the Kalispell site review committee shall review each individual building plan with all
applicable city codes and policies and the following:
A. Heavy duty loop bike racks capable of holding 5 bicycles located adjacent to each
building
B. Adequate setbacks from any sound mitigation (see condition c below) as well as a
minimum of 20 feet from any bike path easement.
C. Assurance that each building is at least 30 feet from the toe of any earth berm, wall
and/or fence in excess of 5 feet in height. The 5-foot height includes the earth berm,
wall or fence individually or any combination thereof.
D. In addition to the standard submittals to the city's architectural review committee the
developer shall submit materials including landscape around the building and parking
lot and a color pallet for the building which includes a minimum three colors (two
colors for the body of the building with a different color for building trim) for the
exterior color design for the buildings
E. Assurance that the architectural review committee has reviewed the building and has
found it to be in compliance with good design standards and the architectural design
standards as provided for in this PUD approval and the City of Kalispell's
Architectural Design Standards.
F. Sidewalk connectivity between the units, parking areas, bike paths if applicable and
sidewalks along the adjoining streets
G. Multifamily buildings on the same lot shall have a minimum building separation of
20 feet (eave to eave) and 10 feet from the eave to side property boundaries.
6. In addition to the required perimeter landscaping in the Kalispell Zoning Ordinance, the
parking lots serving the multi -family buildings and the overflow parking lot located next to
park C shall incorporate landscape islands, 9, x 20' in size, which include predominately
living materials. Each landscape island shall include one or more trees meeting Kalispell's
street tree standards for variety and size at planting and ground cover. Landscape islands
shall be placed at intervals of one landscape island for every ten parking spaces. The parking
lot and associated landscaping plan shall include an irrigation plan. The landscaping and
irrigation plans shall be reviewed and approved by the Parks and Recreation Department with
recommendations on the landscaping plan from the architectural review committee.
7. Staking by a licensed surveyor for each lot under 6,000 square feet shall be in place prior to
and during construction of homes on the lots to assure setbacks are being met. Staking for
building foundations shall be offset from the foundation to assure stakes are in place during
and after excavation of the building pad.
8. A minimum of 11.06 acres of common space, 18.55 acres of open space and 15.9 acres of
developed parkland shall be provided within the Willow Creek subdivision.
9. A five (5) foot tall earth tone vinyl fence, such as Mild Fence Company's (cambia), shall be
installed by the developer abutting the rear property boundary of lots 334-338 of phase 4, lots
1-16 of phase 5 and lots 317-333 of phase 6. The fencing shall be located in the common
area and shall be owned and maintained as a common area feature. The fence shall comply
with the approved fencing elevation referenced in condition 2(F). All fencing shall be
installed prior to final plat approval of the pertinent phase 4, 5 or 6 that they are located in.
10. A note shall be placed on the final plat for phases 4, 5 and 6 prohibiting the property owners
of lots 334-338 of phase 4, lots 1-16 of phase 5 and lots 317-333 of phase 6 from installing
any additional rear yard fencing.
11. A Condominium Association shall be created for the maintenance of the areas immediately
surrounding the multi -family condominium buildings. For the buildings on lots 1 and 3 this
shall include the common parking lot, noise mitigation (i.e. sound wall or earth berm) and
adjacent bike/pedestrian path.
12. A Homeowners Association shall be created for the maintenance of the bike path along Foys
Lake Road, pedestrian easements, storm water facilities, common areas, open space areas not
dedicated to the city, subdivision entry monuments, fencing along the rears of the lots
abutting Foys Lake Road and landscaped road medians and alleys within the Willow Creek
subdivision. The maintenance provisions in the homeowners association shall include
mowing or trimming the grasses within the common area to reduce the fire hazard and spread
of noxious weeds. The association shall be established prior to the final plat of phase 1.
13. The developer shall provide the Parks and Recreation Department with a revised park
improvement plan and layout of parks A, B, C, D, and E as shown on figure 3.23 of the PUD
application. In addition to the walkways, turf, irrigation, and landscaping within the parks
the developer shall provide other park amenities including but not limited to security
lighting, children's play equipment, benches, trash receptacles, drinking fountains, where
appropriate, and hard surface play areas to include tennis and basketball courts. The plan
shall be reviewed and approved by the Parks and Recreation Department in conjunction with
the Police Department for the security lighting.
14. The developer shall provide minor amenities (i.e. benches, picnic tables and trash
receptacles) within the open space area along Ashley Creek. A plan of these amenities shall
be provided to the Parks and Recreation Department and Montanan Department of Fish,
Wildlife and Parks for review and approval.
15. A pedestrian/ bike path plan shall be provided to the Parks and Recreation Department and
Police Department which includes the pathway width, construction materials, and security
lighting for the paths located throughout the Willow Creek subdivision. Specifications for
the bike path construction will be determined by the Parks and Recreation Department with
recommendations provided by the Montana Fish, Wildlife and Parks in areas where the path
comes within 200 feet of the high water line of Ashley Creek as required in condition 44. The
pedestrian/ bike path plan shall also provide for a connection to the future bike path along the
Highway 93 by-pass.
16. The parks and open space areas shall be dedicated and improved in accordance with an
approved plan by the Parks and Recreation Department pursuant to the following phasing
plan:
A. Phase 1: Park B shall be dedicated and improved and all the land along Ashley Creek
shown as either parks or open space shall be dedicated to the city. Along with this
dedication the bike/pedestrian trail shall be constructed per the plan approved by the
Department along Ashley Creek as shown on the Willow Creek conceptual site plan.
B. Phase 2: Park E shall be improved
C. Phase 3: Park D shall be improved
D. Phase 4: Park A shall be dedicated and improved
E. Phase 5: The bike/pedestrian path along Ashley Creek shall be paved
F. Phase 7: Park C shall be improved
17. A park maintenance district shall be formed in accordance with section 7-12-4001 MCA
incorporating all the lots within the Willow Creek subdivision. The taxes levied within the
maintenance district shall be determined by the Parks and Recreation Department with
approvals by the Kalispell City Council. Such a district shall become effective upon
recording the final plat of phases 1-7 of the Willow Creek subdivision.
18. In the event the Homeowners Association fails to maintain its properties, the park
maintenance district program may be initiated by the city to provide maintenance for some or
all of the public or private improvements.
19. A revised landscape plan for the lift station shall be provided to the Parks and Recreation
Department and the Planning Department for review and approval. The plan shall provide
for a visual screen to include a combination of trees, bushes and green groundcover and
specifying tree and shrub type and size at the time of planting. Fencing around the lift station
shall be the same fencing referenced in the conditions of this PUD. The approved landscape
plan and fencing shall be installed prior to final plat of phase 1.
20. The developer shall provide the Parks and Recreation Department a revised landscaping and
irrigation plan for the common area along Foys Lake Road. The plan shall provide for a
visual screen for the fence along Foys Lake Road. The visual screen shall include a
combination of trees, bushes and green groundcover and specifying tree and shrub type and
size at the time of planting. The approved planting and irrigation plan shall be installed per
the phased improvement schedule for Foys Lake Road specified in condition 39 of the
preliminary plat approval. (Findings of Fact Section D)
21. Prior to submitting a final plat for each phase, the final lot grading plan shall be submitted to
the Public Works Department for review and approval.
22. Individual driveways are prohibited onto Willow Creek Drive. Lots 272 through 279, 280
through 288 and lots 289 through 291 shall be redesigned so that access is provided by an
alley. The alley shall be constructed prior to final plat approval of the lots in their respective
phase.
23. Willow Creek Drive shall be re -aligned so a larger portion of the road and right-of-way are
outside of the recommended 200 foot setback as shown on the preliminary plat.
24. The power, phone, natural gas and cable television lines shall be located within the alley
right-of-way. Where an alley is not adjacent to the lot the power, phone, natural gas and
cable television lines shall be located within a separate 5-foot easement outside of the road
right-of-way easement.
25. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal for each phase. The minimum of two-thirds of the
necessary infrastructure shall include the extension of water and sewer mains to the site and
the necessary lift station to transport effluent back to the city sewage treatment plant. For
phase 1, the minimum infrastructure shall also include the completed roadway connection
from Foys Lake Road to Highway 2.
26. The final plats for the Willow Creek subdivision shall be filed consecutively from phase 1
through phase 7. The first phase shall be filed within three years of approval of the effective
date of this PUD. Each successive phase shall be filed within two years of final plat approval
of the previous phase.
27. That a development agreement be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site.
Willow Creek Subdivision Conditions
General Conditions:
28. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council. (Kalispell
Subdivision Regulations, Appendix C — Final Plat)
29. Any retaining walls used on the project site shall have a maximum height of 3 feet. If a
higher retaining wall is needed the wall shall be stepped and landscaped with a design
approved by the Parks and Recreation Department and Planning Department. (Subdivision
Application and Findings of Fact Section C)
30. A geotechnical report shall be provided to the Public Works Department and Building
Department at the end of the site grading showing the fill areas on the site have been properly
compacted. (Findings of Fact Section C)
31. Street lighting shall be located within the subdivision and along Foys Lake Road and shall be
shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell
Subdivision Regulations Section 3.09(L)).
Prior to final plat:
32. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction and Montana
Public Works Standards; the design shall be certified in writing by a professional engineer
licensed in the State of Montana. All design work shall be reviewed and approved in writing
by the Kalispell Public Works Department prior to construction. This infrastructure shall
include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and
sidewalks. (Kalispell Design and Construction Standards)
33. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and Montana Public Works
Standards. The water and sewer main extension plans shall be reviewed and approved by the
Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to
the Public Works Department stating that the water and sewer mains have been built and
tested as designed and approved. (Kalispell Design and Construction Standards)
Note: Extension of the water and sewer mains to the property lines may be required by the
Pubic Works Department. Furthermore, hydraulic conditions and/or future city requirements
may require the water main be extended to Appleway within the northern access roadway
(Willow Creek Drive) for the development.
34. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water drainage report and an engineered drainage plan that meets the
requirements of the current City standards for design and construction. The report shall
include a phased construction schedule showing when detention facilities will be constructed.
Prior to final plat, a certification shall be submitted to the Public Works Department stating
that the drainage plan for the subdivision has been installed as designed and approved.
(Kalispell Design and Construction Standards)
Note: An off site downstream analysis for the new south side hill drainage shall accompany
the drainage report. This analysis will need to identify if the new volume release from the
development will impact the downstream adjacent properties, conveyance channels, and
water bodies. This downstream analysis will need to look at the 2, 10, and 100 year flows.
Volumes and peak flows will not exceed the 2, 10 and 100 year flows.
35. The developer shall submit to the Kalispell Public Works Department prior to construction, a
city storm water management plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm water Discharge Associated with Construction Activities. (Kalispell Design and
Construction Standards)
36. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted
for unfinished work. (Kalispell Design and Construction Standards)
37. A note shall be placed on the final plat of each phase including alleys stating that the alleys
shall be privately maintained. (Findings of Fact Section D)
38. Prior to the final plat of phase 1, all traffic mitigation listed in the traffic impact study for
Willow Creek and, except the recommendation to signalize the intersection of Valley View
Drive and Foys Lake Road, shall be completely constructed as part of Phase 1. (Traffic
Impact Study and Findings of Fact Section D)
39. Prior to the final plat of phase 1, Foys Lake Road, along the projects frontage, to the
intersection of Willow Creek Drive shall be upgraded to urban collector standards. Prior to
the final plat of phase 2, Foys Lake Road, from the intersection of Willow Creek Drive to the
western boundary of the project site shall be upgraded to urban collector standards. The
improvements shall include widening the roadway from the center line of the roadway north,
installing street lights and street trees in addition to the landscaping proposed in the
elevations submitted with the PUD. The 10-foot wide meandering bike/pedestrian path shall
provide the pedestrian access normally provided by a 5-foot sidewalk. As part of the
improvements to Foys Lake Road for phase 1 the developer shall provide infrastructure for
the future signal light recommended at the intersection of Valley View Drive and Foys Lake
Road in the traffic study. All improvements shall be reviewed and approved by the Kalispell
Public Works Department and Montana Department of Transportation. (Traffic Impact
Study and Findings of Fact Section D)
40. Individual driveways are prohibited onto Willow Creek Drive. Lots 272 through 279, 280
through 288 and lots 289 through 291 shall be redesigned so that access is provided by an
alley. The alley shall be constructed prior to final plat approval of the lots in their respective
phase. (Findings of Fact Section D)
41. Prior to final plat approval for phase 6 a 60-foot wide road and utility easement shall be
provided to the adjacent property to the west of the project site, Tract 7, through the common
open space located between lots 310 and 311. (Findings of Fact Section D)
42. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for Willow Creek Drive and Willow River Drive onto Foys Lake
Road and the connection up to Highway 2. If any improvements are necessary at the
intersection of the roadways, these improvements shall be completed to the satisfaction of the
MDT prior to the respective phase and MDT shall so certify this in writing to the city.
(Findings of Fact Section D)
43. A noise study shall be completed prior to the final plat approval of phase 1. The noise study
shall show how a noise level of 60 dBA at the eastern property boundary for condo lot 1 of
phase 1 and condo lot 3 of phase 3 can be achieved. The proposed mitigation measures
contained in the noise study shall be reviewed and approved by the city staff and
implemented prior to the final plat of phase 1.
Note: This condition may result in the loss of one or more of the proposed multi -family
buildings. Any deviation from the proposed road alignments shown on the preliminary plat
to achieve the desired number of multi -family buildings on lots 1 or 3 as described above
shall result in the subdivision and PUD to come back before the city council for review and
approval. (Findings of Fact Section A)
44. A letter from the Montana Department of Transportation shall be provided stating that the
by-pass right-of-way shown on the final plat for phase 1, 3, and 7 is adequate for the
construction of the future highway by-pass.
Note: The location of the highway by-pass right-of-way may affect the eastern boundary line
of the proposed subdivision, which may in turn affect the number of proposed lots or
condominium units. (Findings of Fact Section D)
45. A 200-foot building setback, measured from the high water mark of Ashley Creek shall be
shown on the final plats of phases 2, 3, 4, 6, and 7. Within the 200-foot building setback the
first 75 feet adjacent to the stream shall be protected with natural vegetation. No buildings,
parking lots or roads shall be located within the 200-foot setback. A bike/pedestrian path
within the 200-foot setback shall be permitted provided there is an adequate vegetative buffer
between the bike/pedestrian path and Ashley Creek. Prior to installation of the
bike/pedestrian path the developer shall obtain a written approval from the Montana
Department of Fish, Wildlife and Parks. (Findings of Fact Section B)
46. Basements shall be prohibited for the multi -family buildings on condo lot 1 of phase 1 and
condo lots 3 and 6 of phase 3 due to high ground water in the area. (Findings of Fact Section
C)
47. The following requirements shall be met per the Kalispell Fire Department and so certified in
writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code
(2003) Chapter 5.
d. It shall be noted on the face of the plat that hazardous weed abatement shall be
provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the roadasa
fire lane.
48. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan
for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision. The approved landscape plan shall be implemented or a cash
in lieu payment for installation of the street trees and groundcover provided to the Kalispell
Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11).
Note: Rocks in the landscape boulevard are prohibited.
49. The approved parks improvement plan (condition 13 of the PUD), open space improvement
plan (condition 14 of the PUD), and bike/pedestrian plan (condition 15 of the PUD) shall be
completed prior to the final plat of the respective phase of the project as referenced in
condition 16 of the PUD. (Findings of Fact Section D)
50. The roads within the subdivision shall be named and signed in accordance with the policies
of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual
and be subject to review and approval of the Kalispell Fire Department. A letter shall be
obtained from the Kalispell Public Works Department stating the naming and addressing on
the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section
3.09)
51. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final
plat. (Kalispell Subdivision Regulations, Section 3.18)
52. Prior to filing the final plat a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be designed in accordance with section 3.22 of the Kalispell
Subdivision Regulations and installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall be included in the preliminary and final engineering
plans to be reviewed by the Public Works Department. The mail delivery site shall not
impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section
3.22)
53. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the
public, the right to the joint use of an easement for the construction, maintenance, repair, and
removal of their lines and other facilities, in, over, under, and across each area designated on
this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
54. Prior to final plat approval for phase 2, 4, 6, and 7, a detailed floodplain study shall be
completed and accepted by FEMA determining the base flood elevation for the floodplain
area along Ashley Creek. The final plat shall not be recorded and no significant earth
moving within 100 feet of the centerline of the creek shall be allowed until the completion
and acceptance of the study area. The newly delineated floodplain shall be staked. The base
flood elevation accepted by FEMA shall be indicated on the final plat and no lots shall
extend into the newly delineated floodplain. (Findings of Fact Section A)
55. The water rights allocated to the developer, both surface and ground, shall be transferred to
the city with the filing of each final plat to insure the orderly accounting of water rights and
to protect the future water needs of the city of Kalispell for it users. (Findings of Fact
Section E)
56. Lots 30 through 33 and 292, 294, 295, 296, 276, and 277 shall be reconfigured to be brought
into compliance with section 3.06.G of the subdivision regulations prior to filing the final
plat in their respective phases. (Kalispell Subdivision Regulations, Section 3.06(G) and
Findings of Fact Section H)
On going conditions:
57. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17)
58. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 3RD DAY OF DECEMBER, 2007.
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
DESCRIPTION: TRACTS 6 -12 C.O.S. 18086 (KA-07-03)
SEVEN TRACTS OF LAND, SITUATED, LYING AND BEING IN THE
NORTHEAST QUARTER, IN THE EAST HALF OF THE NORTHWEST QUARTER
and IN THE NORTH HALF OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
BEGIlVNING at the southwest corner of the Southeast Quarter of the Northwest Quarter
of Section 13, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana
which is a found iron pin; Thence along the west boundary of said SEl/4NW1/4
N01023' 11"E 113.67 feet to the approximate centerline of Ashley Creek; Thence along
said centerline the following forty-seven (47) courses: S80°05'06"E 171.35 feet;
S62032'54"E 71.38 feet; N78°02'43"E 47.67 feet; N43°37'57"E 37.60 feet;
N36055'34"W 109.85 feet; N70034'00"W 79.56 feet; N43°21'40"W 41.65 feet;
N06010'51"W 48.92 feet; N80003'00"E 93.85 feet; N27°19'31"E 85.09 feet;
N80016'11"E 40.93 feet; S40°53'57"E 108.50 feet; S84°32'52"E 58.99 feet;
N51011'26"E 163.69 feet; N69°24'28"E 243.94 feet, N23°10'14"E 69.84 feet;
N56050' 16"W 73.43 feet; S78052'33"W 62.38 feet; N84°47'04"W 117.18 feet;
N35051'01"W 67.06 feet; NORTH 100.11 feet; N32008'53"E 62.54 feet; N57°15'18"E
139.16 feet; N06°46'10"E 41.80 feet; N33°19'40"W 120.19 feet; N25°04'46"W 302.52
feet; N15°20'09"W 89.41 feet; N30°07'31"E 31.48 feet; N82°18'53"E 171.13 feet;
S88054'04"E 299.25 feet; S50037'19"E 126.73 feet; S62°38'27"E 139.54 feet;
S48° 16' 12"E 145.20 feet; S59011'05"E 83.07 feet; S31 °42'40"E 90.66 feet;
N81056'26"E 23.44 feet; N38°33'03"E 91.97 feet; S84°33'16"E 42.63 feet;
S21054'48"E 139.19 feet; S36°03'50"E 177.44 feet; S69°53'59"E 86.77 feet;
S48008'52"E 140.96 feet; S57°33'33"E 197.73 feet; S84°01'20"E 53.40 feet;
N48030'21"E 76.31 feet; N17042'51"E 356.28 feet; N80015'38"E 30.92 feet to the
westerly R/W of the Proposed Highway by-pass; Thence leaving said centerline and
along said R/W S25°23'01"E 72.19 feet; Thence S37003'03"E 292.85 feet to a found
iron pin; Thence S14°29'29"E 1591.33 feet to a found iron pin; Thence S22053' 11"E
189.98 feet to a found iron pin, which is on a 1500.14 foot radius curve, concave
northwesterly (radial bearing N28°33'39"W); Thence southwesterly along said curve
through a central angle of 05018'18" an are length of 138.90 feet to a found iron pin;
Thence S52°44' 16"W 50.92 feet to a found iron pin and the P.C. of a 1513.27 foot radius
curve, concave northwesterly (radial bearing N21123'06"W); Thence southwesterly
along said curve through a central angle of 10°24'24" an are length of 274.86 feet to a
found iron pin; Thence S60°52'44"W 69.26 feet to a found iron pin and the P.C. of a
1536.25 foot radius curve, concave northwesterly (radial bearing N08131'22"W); Thence
southwesterly along said curve through a central angle of 05056'38" an are length of
159.37 feet to a found iron pin, Thence S88°47'44"W 112.46 feet to a found iron pin;
Thence S75°47'04" W 94.61 feet to a found iron pin on the northerly R/W of Foys Lake
Road; Thence leaving said by-pass R/W and along said Foys Lake Road R/W
S89035'22"W 2810,49. feet to a found iron pin on the centerline of a 60 foot private road
and utility easement; Thence leaving said WW and along said centerline N00°24' 14"E
1258.55 feet to a found iron pin; Thence leaving said centerline N88°52'46"E 282.93 feet
to the point of beginning and containing 138.940 ACRES; Subject to and together with a
60 foot private roads and utility easements; Subject to and together with all appurtenant
easements of record.