Ordinance 1810 - PUD - Meadows EdgeReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
I11111II11111111IN Page: i of 39 21
Fees:S63.00
Debbie Pierson, Flathead County MT by TM 9/21/2018 8:39 AM
" 1
ORDINANCE NO. 1810
Q AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A
RESIDENTIAL MIXED USE PLANNED UNIT DEVELOPMENT OVERLAY ZONE, TO
BE KNOWN AS MEADOWS EDGE PUD, OVER CERTAIN REAL PROPERTY MORE
PARTICULARLY DESCRIBED AS TRACT 3 OF COS 18892 IN THE EAST HALF OF
SECTION 3 AND PARCEL A OF COS 15268 IN THE SOUTHWEST QUARTER OF
SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, IN ACCORDANCE WITH THE KALISPELL GROWTH
p POLICY - PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
1Z t..,
`+ WHEREAS, Meadows Edge, LLC, the owners of the property described above, petitioned the
City of Kalispell that the zoning classification attached to the above described
tract of land be zoned R-3 and B-1, Residential and Neighborhood Commercial,
with a Planned Unit Development overlay to be known as Meadows Edge PUD,
on approximately 112 acres of land; and
WHEREAS, the property is currently zoned AG-80, Agricultural, and is located at the
northwest intersection of Three Mile Drive and West Springcreek/Farm to Market
Road while a small 2.4-acre portion also being annexed is located at the northeast
intersection of Three Mile Drive and West Spring Creek/Farm to Market Road;
and
WHEREAS, the petition of Meadows Edge, LLC was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KPUD-18-02, in which the
Kalispell Planning Department evaluated the petition and recommended that a
Planned Unit Development overlay be attached to the above described tract of
land pursuant to Kalispell City Code 72.21.030(2)(b); and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on May 8,
2018, and recommended that a Planned Unit Development overlay be attached to
approximately 112 acres of land, pursuant to Kalispell City Code 72.21.030(2)(b);
and
WHEREAS, after considering all the evidence submitted on the proposal to attach a Planned
Unit Development overlay to the property, the City Council finds such zoning to
be consistent with the Kalispell Growth Policy — Plan It 2035 and adopts, based
upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board
of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set
forth in Staff Report No. #KPUD-18-02.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by attaching the
property described above with a Planned Unit Development overlay.
SECTION 2. The Planned Unit Development overlay proposed by Meadows Edge,
LLC upon the real property described above is hereby approved subject
to the following conditions:
1. The Planned Unit Development for Meadows Edge allows the following deviations from
the Kalispell Zoning Ordinance:
a) Kalispell Zoning Ordinance, Section 27.06.020 Permitted Uses — Allows up to
four (4) attached townhomes as a permitted use.
2. That the development of the site will be in substantial conformance with the preliminary
plat documents entitled Meadows Edge and associated submittal drawings which shall
govern location of the lots, easements, roadways, phasing plan, covenants and
declarations, landscaping, fencing, parkland, uses and pedestrian access facilities.
3. The preliminary plat approval for the development shall be valid for a period of three
years from the date of approval.
4. 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 that shall be completed and signed by the city and owner prior to the issuance of a
building permit.
5. Architectural renderings for all commercial buildings are required to be submitted to the
Kalispell Architectural Review Committee for review and approval prior to issuance of a
building permit.
6. To ensure the traffic flow and access comply with Kalispell Design and Construction
Standards, the development shall receive Site Review Committee approval prior to
issuance of the building permit for development within the B-1 Zone.
7. 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. 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.
8. Water and sewer main extensions shall be designed and constructed in accordance with
the City of Kalispell's Standards for Design and Construction and in compliance with the
city's facilities update and extensions of services plans. 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.
9. The sewer for Phases 2-5 shall be designed to connect into the West Side Sewer
Interceptor. Final design plans shall be reviewed and approved by the Kalispell Public
Works Department prior to final plat of Phase 2.
10. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater 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.
11. 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 Stormwater Discharge Associated with Construction Activities.
12. Prior to final plat 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.
13. The traffic impact study for the project site shall be reviewed and approved by the Public
Works Department and where appropriate, the Montana Department of Transportation in
order to determine the appropriate mitigation as the project develops.
14. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for approaches onto Farm to Market Road. If any improvements
are necessary at the intersection of the roadways, these improvements shall be completed
to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing
to the city.
15. Prior to final plat all mitigation required as part of the approved traffic impact study shall
be completed. All improvements shall be reviewed and approved by either the Public
Works Department or Montana Department of Transportation. A letter from the Kalispell
Public Works Department or 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.
16. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
17. 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 open space,
landscape boulevards and streets serving the subdivision.
18. A park maintenance district shall be formed incorporating all the lots within the
subdivision. The park maintenance district shall not be effective until such time as any
open space or parks are accepted by the city. In this case an assessment would be levied
within the maintenance district to be determined by the Parks and Recreation Department
with approvals by the Kalispell City Council.
19. A park plan shall be created and approved by the Parks and Recreation Director prior to
final plat of Phase 1.
20. All easements and/or right-of-ways 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.
21. 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."
22. That a minimum of two-thirds of the necessary public infrastructure for this subdivision
shall be completed prior to final plat submittal of each phase.
23. All utilities shall be placed underground and in locations that are approved by the
Kalispell Public Works Department in accordance with the Kalispell Standards for
Design and Construction.
24. The following public right-of-way improvements shall be completed at each phase of the
development:
a. Phase 1 — West Spring Creek/Farm to Market shall be updated to city standards
along the property boundary from Mountain Vista Way south to the intersection
with Three Mile Drive.
b. Phase 2 — Three Mile Drive shall be upgraded to city standards along the property
boundary from the western terminus of the development to the eastern terminus of
the development.
C. Phase 3 — Farm to Market shall be upgraded to city standards from Mountain
Vista Way north to the properties northern property boundary.
25. The paths located within Three Mile Drive and W. Spring Creek/Farm to Market shall be
maintained by the Meadows Edge HOA.
26. The alleyways within the development shall be designated as "private" at time of final
plat.
27. Subdivision signage for the development shall comply with Section 27.22.050(6) of the
Kalispell Zoning Ordinance.
28. A homeowner's association (HOA) shall be formed and established for the common areas
prior to final plat.
29. All properties along the western boundary of the subdivision shall install uniform rear
yard fencing prior to certificate of occupancy of those residences.
30. A note shall be placed on the final plat that stating: "This subdivision is located in an
agriculture area and potential nuisances such as noise, dust, odors, and irregular hours of
operation are to be expected. As such, the right to farm on adjoining properties shall not
be restricted as a result of the development or occupancy of this subdivision."
31. The developer shall work with Eagle Transit to establish bus stop location(s) within the
Meadows Edge PUD. The approved bus stop location(s) shall be included on a revised
PUD plan and submitted with the preliminary plat of phase 5. Bus stop location(s) shall
be improved in accordance with Eagle Transit's requirements, which may include a bus
shelter. This condition is waived if Eagle Transit provides a letter in writing that it will
not serve the development.
32. 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 of Phase 1.
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.
33. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior
to final plat.
SECTION 3. 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 4. This Ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, MONTANA, THIS 18TH DAY OF JUNE, 2018.
Mark John
Mayor
ATTEST:
Ai e Brunckhorst, CMC ��������III►►►1ii�,
City Clerk \����`;�`l o ......
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Derek Kysar
Edge II
PO Box 2190
Woodland, WA 98674
July 20, 2018
City of Kalispell Planning Department
201 1st Avenue East
Kalispell, MT 59901
RE: Permission to record the Petition for Annexation
To Whom It May Concern:
I am the current owner of property located in the City of Kalispell, in Flathead
County, MT. The property may be described as follows:
That portion of the South west % of the South west'4, Section 2, Township 28 North,
Range 22 West, P.M., M., Flathead County, Montana described as follows
Beginning at the South west corner of Section 2; thence along the West line of the
Southwest % North 01 °0151"East 673.00 feet to a point on the Southwesterly line
of Farm to Market Road, which point is on a 994.00 foot radius curve concave
Northeasterly havinga radial hearing of North 73°24'49"East; Thence, along the
South westerly line of the road, Southeasterly along the curve thru a central angle of
57°14'14" 993.98 feet to the South line of the Southwest %; Thence along the South
line of the Southwest % South 89°5325" West 688.51 feet to the Point ofBeginning
containing 3.52 acres oflond.
I grant permission for Flathead County to record the Petition for Annexation in
conjunction with the Meadows Edge PUD. The Articles of Incorporation for Edge II
are attached for your reference.
Sincerely,
Derek K sar
Owner
ARTICLES OF ORGANIZATION
OF
EDGE 11, LLC
The undersigned organizer, being a natural person 18 years of age or older, in order to
form a limited liability company under the Montana Limited Liability Company Act (Montana
Code Ann. Chapter 35-8), hereby files with the Montana Secretary of State the following
Articles of Organization:
1. Name. The name of the limited liability company shall be Edge I1, LLC, which is
referred to hereinafter as the "Company."
2. Registered Agent. The name of the commercial registered agent of the Company
is National Registered Agent, Inc.
3. Principal Executive Office. The business mailing address of the principal
executive office of the Company is P.O. Box 2190; Woodland, WA 98674-0021.
4. Purpose of the Company. The purpose for which the Company is organized is
to hold real property.
5. Oreanirer. The name and street address of the organizer of the Company is Brad
A. McCamy, 1133 College Drive, Suite 1000; Bismarck, ND 58501-1215.
6. Period of Existence. The Company is an at -will company; unless terminated
earlier in accordance with law, the Company's duration shall be perpetual.
7. Management. The Company will be managed by the members. The names and
business mailing address of the members are as follows:
Derek Kysar — P.O. Box l 78; Yacolt WA, 98675
Raymond Koistinen — 816 NW Hayes Rd; Woodland, WA 98674
Owen Kysar — 8601 NFE Cedar Creek Rd; Woodland, WA 98674
Jackson Kysar — 41661 State Hwy 13, Apt. # 1; Marengo, WI 54855
Garen Kysar — 37404 NE 198th Ave; Yacolt, WA 98675
Dylan Kysar — P.O. Box 293; Yacolt, WA 98675
Keith Massie — P.O. Box 496; Yacolt, WA 98675
8. Member Liability. To the fiillest extent permitted by Montana Code Ann. § 35-
8-304, the members shall not be liable for the Company's debts and obligations.
9. Operating Agreement. The Members (whether one or more) intend to make a
written operating agreement (the "Operating Agreement") as defined in Chapter 35-8 of the
Montana Code Ann. (the "LLC Act"), regarding the relations between the Members and the
Company, the rights and duties under the LLC Act of a person in the capacity of a manager or a
governor, the activities of the Company and the conduct of those activities, the means and
conditions for amending the Operating Agreement, and other matters related to the Company.
While the Operating Agreement is in effect, the provisions of the Operating Agreement shall
supersede any provisions of the LLC Act, as they now exist or as may be subsequently amended
or restated, that are inconsistent or conflict with the provisions of the Operating Agreement to the
maximum extent permitted by law. The Operating Agreement shall be the sole and entire
operating agreement of all the Members, and shall be amended solely pursuant to the terms of
such written Operating Agreement, and such written Operating Agreement as may be so
amended in writing from time to time shall supersede all oral or implied agreements,
arrangements, or understandings of the Members, with regard to the subject matter of the
Operating Agreement.
1 have signed these Articles of Organization of Edge 11, LLC, as the organizer of the
Company.
Dated this Li day of April, 2018.
A. '1M
Brad A. McCamy, O Vanizer