Ordinance 1599 - Zoning and PUD - Abbey HouseReturn to:
Theresa White
Kalispell City Clerk
200900009938
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Kalispell, MT 59903 Paula Robinson, Flathead County MT by NC 4/10/2009 8:20 AM
ORDINANCE NO. 1599
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS THE RESUBDIVISION OF
LOT 1 OF MINOR SUBDIVISION PLAT NUMBER 117, AND THE ADJACENT STREET
DENVER AVENUE, LOCATED IN THE NORTHWEST QUARTER OF SECTION 19,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA,
CURRENTLY ZONED CITY R-3 (URBAN SINGLE FAMILY RESIDENTIAL) AND
ADDING A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Janet Cahill, the owner of the property described above, previously petitioned and
received approval from the City of Kalispell zoning the above described tract of land
R-3, Urban Single Family Residential, and
WHEREAS, the owner is now requesting that a Planned Unit Development overlay the R-3
zoning, and
WHEREAS, the property is located on both the east and west sides of Denver Avenue at 60
Denver Avenue, and
WHEREAS, the petition of Janet Cahill was the subject of a report compiled by the Kalispell City
Planning Office, Staff Report #KPUD-06-08, in which the Kalispell Planning
Department evaluated the petition and recommended that the property as described
above be overlaid with a Planned Unit Development, and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on January 9,
2007, and recommended that a Planned Unit Development be overlaid on the
property, and
WHEREAS, after considering all the evidence submitted on the proposal to overlay the property
with a Planned Unit Development, the City Council finds such zoning to be
consistent with the Kalispell Growth Policy 2020 and adopts, based upon the
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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 the Kalispell Planning
Department as set forth in Staff Report No. KPUD-06-8.
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-3, Urban Single Family Residential, with a
Planned Unit Development overlay on approximately 4 acres.
SECTION II. The Planned Unit Development proposed by Janet Cahill upon the real
property described above is hereby approved, subject to the following
conditions:
PUD Conditions
1. The Planned Unit Development allows the following deviations from the Kalispell
Subdivision Regulations and the Kalispell Zoning Ordinance:
A. Kalispell Subdivision Regulations, Section 3.11, A (Sidewalks), requiring sidewalks on
both sides of the access roadway into the subdivision up until the required "T"
turnaround for the fire department. Striping shall be used across the turnaround area
showing the pedestrian travel way. ADA access ramps shall be utilized in the overall
design of the sidewalks within the subdivision.
B. Kalispell Zoning Ordinance, Section 27.06.040 (1) a minimum lot size of approximately
5,630 square feet for lot 6 and 6,643 square feet for lot 5.
2. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
3. 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.
Subdivision Conditions
General Conditions:
4. 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)
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5. The preliminary plat approval shall be valid for a period of three years from the date of
approval. (Kalispell Subdivision Regulations, Section 2.04).
Prior to final plat:
6. 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; and shall be certified in writing by an 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. In
addition to the new City street within the subdivision Denver Avenue, as it fronts the
subdivision, shall be improved to the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards. (Kalispell Design and Construction
Standards)
7. 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 as
designed and approved. (Kalispell Design and Construction Standards)
8. 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. (Kalispell Design and Construction
Standards)
9. 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. (Kalispell Design and
Construction Standards)
10. 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)
11. 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).
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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.
12. The decking associated with the building on lot 4 shall be brought into compliance with
regards to setbacks. (Findings of Fact, Section G)
13. All buildings on the preliminary plat designated as being removed shall be removed as well
as the associated foundations. (Preliminary Plat)
14. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the landscape
boulevards of the streets serving the subdivision. The approved landscape plan shall be
implemented or a cash in lieu payment for installation of the street trees and groundcover
provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision
Regulations, Section 3.11).
15. The area designated on the plat as "park" shall be dedicated to the City of Kalispell.
(Findings of Fact, Section D, Parks and Open Space)
16. The following note shall be placed on the final plat: "Property owner(s) are responsible for
the boulevard strip for the length of their property boundaries. Responsibilities include
watering and mowing of the grass within the boulevard. Removal of grass or trees within the
boulevard and placement of any other kind of materials is prohibited unless approved by the
Kalispell Department of Parks and Recreation."
17. The following note shall be placed on the final plat: "Property owner(s) shall waive their
right to protest the creation of a special improvement district for road upgrades to Denver
Avenue." (Findings of Fact, Section D, Roads)
18. The road 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)
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19. An easement shall be dedicated to the City of Kalispell on lot 7 large enough to
accommodate an approved turnaround for emergency vehicles. (Findings of Fact, Section D,
Roads)
20. 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)
21. Prior to filing the final plat a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations,
Section 3.22)
22. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that
it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision
Regulations Section 3.09(L))
23. 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))
On going conditions:
24. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17)
25. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
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.
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PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 20TH DAY OF FEBRUARY, 2007.
ATTEST:
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Theresa White
City Clerk