Resolution 5438 - Preliminary Plat Revisions - Willow Creek SubdivisionWHEREAS, the City Council of the City of Kalispell passed Resolution 5252 on December 3,
2007, approving the preliminary plat for Willow Creek Subdivision, subject to
certain conditions; and
WHEREAS, Trigon Inc., the property owner has made application to make certain revisions to the
preliminary plat of Willow Creek Subdivision, namely, by reducing the number of
lots and modifying the housing type to include primarily single family residential;
and
WHEREAS, these requested revisions are considered to be major revisions to the preliminary plat
necessitating review by Kalispell City Planning Board and Zoning Commission; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
May 11, 2010, on the proposal and reviewed Subdivision Report #KPP-10-1 issued
by the Kalispell Planning Office; and
WHEREAS, based upon the written and oral evidence presented to the Kalispell City Planning
Board and Zoning Commission at the public hearing and by and through the Kalispell
City Planning Department, it recommends approval of the amendments to the
Preliminary Plat of Willow Creek Subdivision, subject to certain amended conditions
and recommendations; and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 6,
2010, reviewed the Kalispell Planning Office Report #KPP-10-1, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the evidence, that the amendments to the Preliminary Plat of the Willow
Creek Subdivision are 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 Office Report
#KPP-10-1 are hereby adopted as the Findings of Fact of the City Council.
SECTION H. That the application of Trigon, Inc. for amendment of the Preliminary Plat of
Willow Creek Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following amended conditions:
All Conditions of the PUD as set forth below
1. 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)
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 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
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.
5.6,000 square feet in size shall have a minimum !at width at the 40fit lot
line of 45 feet fer- detaehed single fawAly lets and 35 feet fer- townhouse lets. 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
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 468 to the 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.
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.
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.
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.
210. 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.
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.
As well as the following Subdivision Conditions for Willow Creek
General Conditions:
34. 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)
35. 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. (Previous
subdivision approval in 2007)
36. 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:
37. 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 in accordance with Public Works Standards and building code standards. A note
shall be included on the final plat for each phase indicating any lots that contain more than 3
feet of fill. (Findings of Fact Section C)
38. Prior to submitting a final plat for each phase, the final lot grading plan and drainage plan for
each lot shall be submitted to the Public Works Department and Building Department for
review and approval. The approved plans shall be included in the covenants of the
subdivision to notify future lot owners of any limitations on lot grading and drainage design
needed for future construction. (Findings of Fact Section C)
39. Prior to final plat approval, the developer shall provide the city with a copy of the final plat
indicating any lots with a cross slope of 25% or greater, with lot slopes not to exceed 30%.
For these lots a geotechnical report shall be submitted for review and approval. The
approved report shall be included in the covenants of the subdivision to notify future lot
owners of the building requirements on the lot. (Kalispell Subdivision Regulations Section
3.06(F))
40. 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)
41. 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
Public Works Department. Furthermore, hydraulic conditions and/or future city requirements
may require the water main be extended to Appleway within the northern access roadway
(Plymouth Crossing) for the development.
42. 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.
43. 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)
44. 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)
4. The developer shall provide the Public Works Department with a plan to review and approve
for snow storage and/or removal for the alleys. The approved plan shall be incorporated in
the covenants of the subdivision. (Findings of Fact Section D)
46. 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)
47. An updated traffic study shall be submitted prior to final plat approval for phases 2-8. All
mitigation required as part of the approved traffic study shall be completed. Mitigation may
include but is not limited to improvements to Foys Lake Road, in addition to the road
improvements required under condition 48, Meridian Road, or U.S. Hwy 2. All
improvements shall be reviewed and approved by the Public Works Department and
Montana Department of Transportation. Prior to final plat approval a letter from the Kalispell
Public Works Department and Montana Department of Transportation shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell or State of
Montana. If infrastructure work has not been accepted, a letter stating that a proper bond has
been accepted for the unfinished work by the appropriate agency is required. (Findings of
Fact Section D)
48. Prior to the final plat of phase 1, 2 and 3 Foys Lake Road, along the particular phase's
frontage, shall be upgraded to urban collector standards. The improvements shall include
widening the roadway from the center line of the roadway north, deceleration and
acceleration lanes for the two street intersections as required, installing street lights and street
trees in addition to the landscaping proposed within the open space areas adjacent to the
road. The 10-foot wide meandering bike/pedestrian path shall provide the pedestrian access
normally provided by a 5-foot sidewalk. 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)
49. Prior to final plat approval for phase 2 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 340 and 447. (Findings of Fact Section D)
50. Prior to final plat approval of phase 5 a street connection to Highway 2 shall be installed.
The street design shall be reviewed and approved by the Public Works Department and
Montana Department of Transportation (MDT). (Traffic Impact Study and Application
Information)
51. 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)
52. A ten foot tall berm shall be constructed on the east side of phase 8 for noise mitigation in
accordance with the noise study submitted with the subdivision application. The berm shall
have a 3:1 slope and be landscaped in accordance with a plan approved by city staff.
(Findings of Fact Section A and Noise Study)
53. A 200-foot building setback, measured from the high water mark of Ashley Creek shall be
shown on the final plats of phases 2, 5, 6, 7 and 8. Within the 200-foot building setback the
first 75 feet adjacent to the stream shall be protected with natural vegetation. No buildings,
roads, except for the crossing at Ashley Creek, 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)
54. 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 road as a
fire lane.
55. 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.
56. The approved parks improvement plan (condition 21 of the PUD), open space improvement
plan (condition 25 of the PUD), and bike/pedestrian plan (condition 22 of the PUD) shall be
completed prior to the final plat of the respective phase of the project. (Findings of Fact
Section D)
57. 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)
58. 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)
59. 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)
60. 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))
61. No significant earth moving within 100 feet of the centerline of the creek shall be allowed
until the delineated floodplain has been staked. The base flood elevation accepted by FEMA
shall be indicated on the final plat for phases 2, 5, 6, 7 and 8 and no lots shall extend into the
newly delineated floodplain. (Findings of Fact Section A)
62. The water rights allocated to the developer, both surface and ground for the entire 140 acre
subdivision site, shall be transferred to the city with the filing of the third phase of the
subdivision 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)
On going conditions:
63. Prior to issuance of a building permit for lots 434-446, 34-47, 18-28 and 3-6 a plan for
driveway access, with the driveway having a maximum slope of 7%, shall be submitted to
the Planning and Building Department for review and approval. The approved plan shall be
implemented by the building or lot owner during home construction. (Kalispell Subdivision
Regulations Section 3.06(E))
Note: The required driveway plan shall be included in the covenants of the subdivision to
notify future lot owners of the driveway requirements on the lot.
64. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17)
65. 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 6TH DAY OF JULY, 2010.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk