Ordinance 1651 - Zoning with PUD Overlay - Valley RanchReturn to:
Kalispell City Clerk
Po Box 1997
Kalispell, MT 59903
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ORDINANCE NO. 1651
AN ORDINANCE TO AMEND SECTION 27,02.010, OFFICIAL ZONING MAP, CITY OF
I ALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 2, TRACT 3 AND
TRACT 2BC IN SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 'NEST, FLATHEAD
COUNTY, 1VIONTANA (PREVIOUSLY ZONED CITY R 2 (SINGLE FAIVIILY
RESIDENTIAL)), TO CITY R-2 (SINGLE FAMILY RESIDENTIAL) WITH A PLANNED
UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2020 AND TO PROVIDE AN EFFECTIVE DATE.* XAD rAAC'r -
WHEREAS, Gateway Properties, Inc., the owner of the property described above, petitioned the
City of .Kalispell that the zoning classification attached to the above described tract of
land be zoned R-2, Single Family Residential, with a Planned Unit Development
overlay on approximately 80.8 acres of land, and
WHEREAS, the property is located on the east side of Highway 93 approximately 11/z miles north
of the intersection of Highway 93 and West Reserve Drive, and
WHEREAS, the petition of Gateway Properties, Inc. was the subject of a report compiled by the
Kalispell Planning Department, Staff Report # A-07--5 / KPUD-07-2, in which the
Kalispell Planning Department evaluated the petition and recommended that the
property as described above be zoned R-2, Single Family Residential, with a Planned
Unit Development overlay, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 10,
2007 and May 8, 2007, and recommended that the initial zoning be City R-2, Single
Family Residential with a Planned Unit Development overlay, upon annexation to the
City of Kalispell, and
WHEREAS, the City Council of the City of Kalispell enacted Resolution 5208 annexing the
property as described to the City of Kalispell on July 2, 2007, and ordinance 1615,
zoning the property as City R-2 on July 16, 2007, but referred the Planned Unit
Development request back to planning staff for revisions, and
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WHEREAS, after revisions, the Kalispell City Planning Board held another Public Hearing on the
matter on August 12, 2008, and recommended that the zoning be City R.-2, Single
Family Residential with a Planned Unit Development overlay, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R--2, Single Family Residential with a Planned Unit Development overlay,
the City Council finds such zoning to be consistent with the Kalispell Growth Policy
2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.G.A., and
State Etc. v. Board of County Commissioners Etc. 590 P2d 602, the findings of fact
of KPD as set forth in Staff Report No. KPUD-08-1.
Now THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY of
KALISPELL, AS FOLLOWS:
SECTION I. Section 27.02.010, of the official zoning Map of the Kalispell Zoning
Ordinance, (ordinance No. 1460) is hereby amended by designating the
property described above as R-2, Single Family Residential with a Planned
Unit Development overlay on approximately 80.8 acres.
SECTION II. The Planned Unit Development proposed by Gateway Properties, Inc. upon
the real property described above is hereby approved, subject to the following
conditions:
General Conditions:
1. The Planned Unit Development for Valley Ranch allows the following deviations from the
Kalispell Zoning ordinance:
A. Kalispell Zoning Ordinance, Section 27.05.040 (1) (Minimum lot size in the R-2
zoning district).
Allows the minimum lot area to be reduced from 9,600 square feet to 8,100 square
feet for detached single-family lots.
B. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2
zoning district).
Allows townhouse as a permitted use within the R-2 zoning district. The townhouse
units may also be used temporarily as a model unit for sales purposes.
Note: The townhouse lots may be reduced in size but in no case shall the lot size be
below 2,000 square feet or 6,000 square feet for the parent lot.
C. Kalispell Zoning Ordinance, Section 27.05.020 (Permitted uses within the R-2
zoning district) and Section 27.05.030 (Conditional uses within the R-2 zoning
district).
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Allows assisted and independent living units and apartment/condominium units in
the R_2 Zoning district. These units may also be used temporarily as a model unit for
sales purposes.
D. Kalispell Zoning Ordinance, Section 27.05.040 (5) (Permitted lot coverage of 35%).
Allows lot coverage for the townhouse lots to increase to 45%.
E. Kalispell Zoning ordinance, Section 27.24.090 (Permitted signs in Zones R-1, R-2,
R-3 and R-4).
Allows the following:
* one 24 square foot sign and one 10 square foot entry sign for the
apartment/condominium development.
o Two 10 square foot entry signs for the assisted/independent living facility.
• Two marketing signs not to exceed 64 square feet.
Note: only one marketing sign may be placed adjacent to Highway 93. The signs
shall be maintained and kept in good condition. The signs shall be removed upon the
sale of 80% of the dwelling units or if the PUD expires.
2. A revised PUD master plan shall be provided with the preliminary plat submittal of phase 1
which incorporates the Valley Ranch PUD conditions of approval.
Note: The implementation of the conditions may result in the loss of dwelling units.
3. That the development of the site shall be in substantial compliance with the following plans,
materials and other specifications as well as any additional conditions associated with the
PUD as approved by the city council:
0 A maximum of 278 dwelling units and up to 104 assisted and independent living units.
0 Valley Ranch PUD master plan dated 5-20-05
• Phasing Plan
0 Schematic Landscape Plan
0 Elevations for single family lots
e Elevations for the townhouse lots
• Preliminary schematic site plan for the assisted and independent living facility
Elevations and preliminary schematic site plan for the condo or apartment units
0 Landscape Buffer for Highway 93
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0 Declaration of Covenants, Conditions, and Restrictions
• Design Standards
Note: The building height and lot coverage standards will be modified to comply with
the zoning ordinance's definition and calculation of these standards. The reference for
guest homes shall be removed.
o Typical road sections
Note: For the road section the sidewalks shall be located within one foot of the right-of-
way line to provide for a widened boulevard.
For the alley section that area between the edge of pavement and property line shall be
seeded.
4. A. street and associated right-of-way meeting city standards shall be constructed in the area of
townhouse lot 22 from Plentywood Loop south to the proj ect's boundary with assessor's tract
3BA. This construction and right-of-way dedication shall occur prior to final plat approval
for phase 3.
5. The following parks shown on the PUD plan shall be dedicated to the City of Kalispell upon
final plat approval for each of the respective phases:
0 Phase 1 -The 1.5 acre park next to the assisted living facility
0 Phase 2 - The 3.3 acre linear park along the south boundary of Ponderosa Estates
0 Phase 3 - The 8 acre park
d. The developer shall provide the Parks and Recreation Department with a revised park
improvement plan for each of the three city parks with the submittal of the preliminary plat.
Park improvements shall include the following:
A trail starting at the northwest corner of the PUD and connecting with a highway side
trail aligned through the S acre park, through the linear park and connecting via the
sidewalks along Sun Prairie Court with the 1.5 acre park adjacent to the Assisted Living
Complex. The trail must be paved to an S foot width on the interior of the site and 10
feet wide adjacent to the highway.
Provide easements for a trail adjacent to Highway 93 along the northwestern portion of
Valley Ranch.
e Provide landscaping and irrigation in the public park areas acceptable to the Kalispell
Parks and Recreation Department.
s Provide one tennis court, one 20 foot diameter shelter/pavilion, a hard -surface multi-
purpose court and a 5-12 year -old playground in the 8 acre public park..
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0 Provide a 12-14 foot diameter shelter and a 2-5 year -old tot lot in the 1.5 acre park.
Provide benches in each of the parks along the trail and benches along the trail in the
linear park.
The plans shall be reviewed and approved by the Parks and Recreation Department and
implemented prior to final plat approval.
7. Detailed plans for parks, open space areas, and 100-foot highway setback buffer, other than
the three city parks cited in condition 5, shall be submitted with the preliminary plat
application of their respective phase. The Parks and Recreation Department shall review and
provide a recommendation of the plans for city council approval.
S. A pedestrian/ bike path plan shall be submitted with the preliminary plat application for
phase 1 to the Parks and Recreation Department for its review. The plan shall include the
pathway width and construction materials for the paths located throughout the Valley Ranch
PUD . The city council shall approve the plan with path construction coinciding with the
various phases of development.
9. Parks and open space development for phase 1 shall include the 1.5 acre city park adjacent to
the assisted living facility, the 0.8 acre homeowner's park north of the 8.7 acre
apartment/condominium lot.
10. Prior to obtaining a building permit for the assisted and independent living facility, the
developer shall submit an amendment to the Valley Ranch PUD for a public hearing showing
the location, size, elevations, landscaping and parking associated with the assisted and
independent living facility. Dote: The building shall incorporate four sided architecture and
an on -site public transit location. Building plans shall incorporate the use of an automatic
fire suppression system.
11. Prior to issuance of a building permit for each of the multi --family buildings, the Kalispell
Site Review Committee shall review each individual building plan with all applicable city
codes and policies and the following:
* Heavy duty loop bike racks capable of holding 5 bicycles located adjacent to each
building
■ A landscaping and irrigation plan
® Sidewalk connectivity between the units, parking areas, bike paths if applicable and
sidewalks along the adjoining streets
• Multifamily buildings on the same lot shall have a minimum building separation of 20
feet (eave to eave).
12. The clubhouse for the apartment/condominium units shall be completed prior to issuance of
the certificate of occupancy for the 41't unit. The clubhouse shall be approximately 2,500 to
3,000 square feet in size and have bathrooms and kitchenette facilities in addition to
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multipurpose rooms. The clubhouse may serve as a sales office for the
apartment/condominium. units.
13. Prior to final plat approval for phase 1 the following road improvements shall be installed:
Whitehall Road, from the west end of the apartment/condominium lot, to Highway 93
shall be improved to carry emergency vehicles. The emergency access will need to meet
fire code standards.
® Round -Up Road shall be built to the southern end of the project site boundary to city
standards.
* Whitehall Road shall be constructed to city standards to the eastern boundary of the
project site.
14. An undefined 60-foot wide public road and utility easement shall be provided along the east
side of Round --Up Road in the park area between lots 56 and 57. The easement shall be
noted on future subdivision plats.
15. A landscaping plan for any lift stations on the project site shall be provided with the
submittal of a preliminary plat. The landscaping plan shall incorporate a combination of
trees and shrubs with a density adequate to screen the lift station from public vier.
16. Future subdivisions on the project site shall not be given final plat approval until a street
connection is made to the south which provides a full movement intersection in order for
traffic to travel south on either Highway 93 or whitefish Stage Road.
17. The developer shall submit a an overall stormwater plan for the entire development with the
preliminary plat application of phase 1 and a concept drainage report for each of the
preliminary plat submittals. The concept drainage report shall include but is not limited to
the following:
• Narrative: The narrative shall describe all proposed methods and alternatives for
stormwater treatment and disposal, as well as provide sufficient information,
supporting technical data, assumptions, design criteria, and drainage calculations. If
phasing is anticipated, an explanation of how the drainage system will be phased and
constructed shall also be included;
• Schematic: The schematic plan of the proposed stormwater system shall show the
approximate size and location of all drainage components;
• G-eotechnical Information: If infiltration is proposed, then sufficient site characterization
work shall be completed to demonstrate that the proposed facilities will function as
intended.
• Pre -Development Basin Information: This information shall summarize the pre -
development drainage patterns for all basins contributing flow to, on, through, and
from the site. The narrative shall identify and discuss all existing on -site and/or off -site
drainage facilities, natural or constructed., including but not limited to Natural Drainage
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Ways (described in the 2005 Kalispell Stormwater Facility Plan Update, if applicable),
conveyance systems, and any other special features (i.e. wetland, streams, rivers) on or
near the project; and,
o Down -Gradient Analysis: This analysis shall identify and discuss the probable impacts
down -gradient of the project site.
18. A park maintenance district shall be formed in accordance with section 7-12--4001 MCA
incorporating all the lots within the Valley Ranch project. 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 for each phase.
19. The developer shall work with Eagle Transit to establish bus stop location(s) within the
Valley Ranch PUD. The approved bus stop location(s) shall be included on a revised PUD
plan and submitted with the preliminary plat of phase 1. Bus stop location(s) shall be
improved in accordance with Eagle Transit's requirements, which may include a bus shelter,
in the respective phase the bus stop is located within.
20. Prior to submitting a preliminary plat for phase 2 the developer shall contact the Department of
Military Affairs and work with them to come up with a suitable plan to buffer the anticipated
residential land uses adjacent to the existing National Guard facility.
21. A minimum of two-thirds of the necessary public infrastructure shall be completed prior to
final plat submittal for each phase and that both the water and sewer systems serving the
phase are operational.
22. 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. Exceptions to this must be approved by the Public works
Department.
23. Street lighting shall be located within the development and shall have a full cutoff lens so
that it does not intrude unnecessarily onto adjoining properties.
24. A development agreement shall 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. The development
agreement shall be submitted with the final plat application of phase 1.
25. Approval of the planned unit development shall be valid for a period of two years from the
date of approval with the possibility of a one-year extension to be granted by the city council.
Within this time, the developers shall obtain approval of a preliminary plat for the first phase
of the project. when a preliminary plat is submitted and approved for the site the developer
will have up to three years to complete the first phase and two years to complete subsequent
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phases. The Valley Ranch PUD shall expire if, after preliminary plat approval is given, the
final plat is not filed within the above stated timeframes.
SECTION III. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION IV. This ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND S IC NED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 1ST DAY OF DECEMBER, 2008.
ATTEST:
Theresa White
City Clerk
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Exhibit
Legal Desc do
ri
Vanev
Ranch
ON Planned
Unit Developme
. .
That portion of land situated and lying in the West Half (WI/7.) of
Section 19, Township 29 North, Range 21 West, Principal Meridian
Montana, Flathead County, Montana,, described as follows:
Government Lot 2 (shown as Tracts 1 & 2 of Certificate of Survey No.
4491, records of Flathead County Montana), the North Half (N1/2) of
Government Lot 3 (shown as Tract 3 of Certificate of Survey No.
4491, records of Flathead County Montana), and the Northeast
Quarter of the Southwest Quarter (NE% SWY2-shown as Tracts 7 &
8 of Certificate of Survey No. 1, records of Flathead County
Montana).
EXCEPTING THEREFROM THE FOLLOWING TRACTS OF LAND:
Tract 1 of Certificate of Survey No. 5324, records of Flathead County,
Montana, located in the North Half (NY2) of Government Lot 3 of
Section 19, Township 29 North, Range 21 West; Principal Meridian
Montana, Flathead County, Montana and
Tract 1 of Certificate of Survey No. 5975, records of Flathead County,
Montana, located in the South Half (SY2) of Government Lot 2 and the
North Half (N1/2) of Government Lot 3 of Section 19, Township 29
North, Range 21 West; Principal Meridian Montana, Flathead County,
Montana and
That portion conveyed to the Sate Highway Commission in Bargain
and Sale Deed recorded July 9, 1956 in Book 391, Page 408 and
conveyed to the State of Montana Department of Highways in
Bargain and Sale Deed recorded July.23, 1996, Instrument No. 96-
205-10010, records of Flathead County, Montana and
That portion conveyed to the Sate Highway Commission in Bargain
and Sale Deed recorded July 9, 1956 in Book 391, Page 408 and that
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portion granted to the State of Montana Department of Highways in
Judgment and Final Order of Condemnation recorded January 11,
1996, Instrument No. 96-011-10250, records of Flathead County,
Montana.
METES and BOUNDS DESCRIPTION OF THE SUBJECT
PROPERTY:
Commencing at the Southwest comer of Government Lot 4, Section
19, Township 29 North, Range 21 West, Principal Meridian Montana,
Flathead County, Montana, which is a found brass cap, thence North
00'0 09' 50" West 3,956.91 feet along the west boundary of Section 19
Township 29 North, Range 21 West, Principal Meridian Montana,
Flathead County, Montana, to the northwest corner of Government
Lot 2, Section 19, Township 29 North, Range 21 West, Principal
Meridian Montana, Flathead County, Montana, thence, leaving said
west boundary of Section 19, South 89' 39" 45" East along the north
boundary of said Government Lot 2, a distance of 95.73 feet to the
east RIVV of U.S. Highway 93 and THE TRUE POINT OF
BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; said
point is a found rebar with cap stamped #2516S, thence
Continuing South 890 39' 45" East along the north boundary of said
Government Lot 2, a distance of 1,196.53 feet to the northeast comer
of said Government Lot 2; said point is a found rebar with cap
stamped #2516S, thence
South 000 22' 21" East along the east boundary of said Government
Lot 2, a distance of 1,318.91 feet to the southeast corner of said
Government Lot 2; said point is a found rebar with cap stamped
#2516S,thence
South 890 36" 28" East along the north boundary of the Northeast
Quarter of the Southwest Quarter (NE '/4 SW '/) of Section 19,
Township 29 North, Range 21 West, Principal Meridian Montana,
Flathead County, Montana, a distance of 1,329.98 feet to the
northeast comer of said Northeast Quarter of the Southwest Quarter
(NE Y4SW Y4), thence
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South 00" 16' 47" East along the east boundary of said Northeast
Quarter of the Southwest Quarter (NE % SW '/4) a distance of
1,321.22 feet to the southeast corner of said Northeast Quarter of the
Southwest Quarter (NE Y4SW %), said paint is a found rebar, thence .
North 89' 34' 58" West along the south boundary of said Northeast
Quarter of the Southwest Quarter (NE '/ SW Y4) a distance of
1,327.88 feet to the southwest corner of said Northeast Quarter of the
Southwest Quarter (NE Y4SW Y4), said point is a found rebar with cap
stamped #2516S, thence
North 000 21' 59" West along the west boundary of said Northeast
Quarter of the Southwest Quarter (NE '/4 SW Y4) a distance of 660.24
feet to the southeast comer of North Half (N'/) of Government Lot 3,
of Section 19, Township 29 North, Range 21 West; Principal Meridian
Montana, Flathead County, Montana, thence
North 89* 35' 39" West along the south boundary of said North Half of
Government Lot 3 a distance of 561.63 feet to the southwest corner
of Tract 2 of Certificate of Survey 5975 in said Section 19, records of
Flathead County Montana, thence
North 000 20' 38" East along the west boundary of said Tract 2 of
Certificate of Survey 5975 and the east boundary of Tract '! of said
Certificate of Survey 5975 a distance of 928.89 feel to the northeast
corner of said Tract 1 of Certificate of Survey 5975, said point is a
found rebar, thence
North 89'0 40' 37" West along the north boundary of said Tract 1 of
Certificate of Survey 5975 a distance of 632.78 feet to a point along
the east RIW of U.S. Highway 93, said pointis a found rebar, thence
North 140 28' 57" East along the east RNV of U.S. Highway 93 a
distance of 33.77 to a found Montana Department of Transportation
2-inch diameter aluminum cap, thence
Continuing along the east R/W of U.S. Highway 93 North 00' 21'47"
East a distance of 499.90 feet to a found'Montana Department of
Transportation 2-inch diameter aluminum cap, thence
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Continuing along the east R/W of U.S. Highway 93 North 13'0 40' 247$
West a distance of 144.31 feet to a point, thence
Continuing along the east R/W of U.S. Highway 93 North 000 20'43"
East a distance of 377.40 feet to the point of beginning and
containing 80.626 acres of land, more or less.