Ordinance 1618 - Zoning and PUD - Starling SubdivisionReturn to:
Theresa White
Kalispell City Clerk
PO Box 1997
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ORDINANCE NO. 1618
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
cl KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS ALL OF SECTION 35,
TOWNSHIP 29 NORTH, RANGE 22 WEST, FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY AG-80, AGRICULTURAL) TO CITY R-3 (URBAN
SINGLE FAMILY RESIDENTIAL), WITH A PLANNED UNIT DEVELOPMENT
cn OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND
TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, The Aspen Group, 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-3, Urban Single Family Residential, with a Planned Unit Development
overlay on approximately 640 acres of land, and
WHEREAS,
the property encompasses all of Section 35 and is bounded by Stillwater Road on the
east, Four Mile Drive on the south, Spring Creek Road on the west and West Reserve
Drive on the north, and
WHEREAS,
the petition of The Aspen Group was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-07-7 / KPUD-07-3, in which the Kalispell
Planning Department evaluated the petition and recommended that the property as
described above be zoned R-3, Urban Single Family Residential, with a Planned Unit
Development overlay, and
WHEREAS,
the Kalispell City Planning Board held a Public Hearing on the matter on May 22,
2007, and recommended that the initial zoning be City R-3, Urban Single Family
Residential with a Planned Unit Development overlay, upon annexation to the City of
Kalispell, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-3, Urban Single Family Residential with a Planned Unit Development
overlay, the City Council finds such zoning to be consistent with the Kalispell
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Growth Policy 2020 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. KA-07-7 / KPUD-07-3.
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 640 acres.
SECTION II. The Planned Unit Development proposed by The Aspen Group upon the real
property described above is hereby approved, subject to the following
conditions:
1. The Planned Unit Development for Starling allows the following deviations from the
Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance:
A. Kalispell Subdivision Regulations, Section 3.06.E (Minimum building area on a lot)
Permits building area on lots to be below the minimum 40'x40' area.
B. Kalispell Subdivision Regulations, Section 3.07.13 (Block lengths)
Allows the block lengths to exceed the 1,200 feet and allows blocks less than 300 feet.
C. Kalispell Subdivision Regulations, Section 3.08.A; Kalispell Zoning Regulations,
Section 27.22.080 (Lot access)
Allows alley access for residential lots provided a minimum paved width of 20-feet is
provided.
D. Kalispell Subdivision Regulations, Section 3.09.K.3 (Street intersections)
Allows street intersections shown on the Variance Map included in the application to
deviate from city standards
E. Kalispell Subdivision Regulations, Section 3.22 (Mailbox facilities)
Allows mailbox facilities to deviate from the design code within the subdivision
regulations.
F. Kalispell Zoning Regulations, Section 27.06.020 (Permitted uses in the R-3 zoning
district)
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Allows various permitted uses as shown on the Anticipated Land Uses and Development
Standards as amended by condition 9.
G. Kalispell Zoning Regulations, Section 27.06.040 (Property development standards in the
R-3 zoning district)
Allows property development standards shown on the Setback Table in the PUD
application as amended by condition 8.
H. Kalispell Zoning Regulations, Section 27.22-020.2.a.11; Kalispell Zoning Regulations,
Section 27.22-020.3.e (Accessory single-family dwellings and accessory uses)
Allows accessory single family dwellings in accordance with the amended Setback Table.
I. Kalispell Zoning Regulations, Section 27.22.020.3.d (Garage and carport setbacks)
Allows garages and carports to come within the 10-foot setback to an alley right-of-way.
J. Kalispell Zoning Regulations, Section 27.24.050.6 and Sections 27.24-090.2 and
27.24.090.3 (Subdivision identification signs)
Allows subdivision identification signs to exceed the minimum size and height
requirements.
2. The development of the 640 acre site shall substantially comply with the following maps and
elevations contained in the R-3 Mixed Use PUD Application and submitted as part of the
Planned Unit Development dated April 10, 2007:
A. Starling PUD plan
Note: Final access provisions for the southeast corner of the project site (i.e. 1311 and
B12) will be worked out at the time final uses are proposed in these areas.
B. Lot typicals
C. Street Hierarchy
D. Street cross sections
Note: Alley B shall have a minimum 20-foot paved width, and cross sections 60-E, local
estate street, and 38-A are not approved
E. Phasing plan
F. Overall plan
G. Pedestrian Circulation Master Plan
Note: Final path designs shall be approved by the Parks and Recreation Department or
Public Works Department depending on their location.
H. Typical streetscape plans for the following:
Perimeter streetscape
Collector streetscape
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Pedestrian streetscape
Local streetscape
Note: All boulevard landscaping shall be designed and installed in accordance with city
standards
I. Monumentation Plan
J. Typical Primary Monumentation Plan
K. Primary Entry, Secondary Entry and Standard monumentation plans
L. Fencing plan
M. Parks and Open Space Plan
N. Conceptual plans for Farmstead Park, Central Park, Cross Roads Park, Buffalo Run Park,
and Gateway Park
Note: Final park designs shall be approved by the Parks and Recreation Department. On
Farmstead Park the developer shall modify the future "Sales Center" proposed on the park
site to read "Temporary Sales Center / HOA Community Center".
3. 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 to determine that there is:
a. Parking lot adequacy, access and design
b. Landscaping
C. the provision of bike racks
d. Solid waste disposal design
e. Provisions for snow removal and storage
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.
4. Staking by a licensed surveyor for each single family detached 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.
5. The traffic impact study for the project site shall be reviewed and approved by the Public
Works Department and City Council and where appropriate, the Montana Department of
Transportation in order to determine the appropriate mitigation as each phase of the project
develops. The traffic impact study shall be updated for each phase of the development and
submitted as part of the preliminary plat application. The Public Works Department may
waive the required update to the traffic impact study with City Council consent.
6. A land dedication plan for the size and location of a future school site shall be submitted by
the appropriate school district. The 15 acre school site land reservation in the area of B11 as
shown on the PUD plan shall revert back to the developer if no land dedication plan is
submitted by the school district.
7. A park maintenance district shall be formed incorporating all the lots within the Starling
subdivision. The park maintenance district shall not be effective until such time as any open
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space or parks are accepted by the city in which case the taxes levied within the maintenance
district shall be determined by the Parks and Recreation Department with approvals by the
Kalispell City Council.
8. The following conditions shall amend the PUD Setback Table with the amendments reviewed
and approved by the Kalispell Planning Department:
A. The applicant shall add a column in the PUD Setback Table that designates whether or not
dwelling units above accessory structures are allowed or not allowed on a per product type
basis.
B. The applicant shall change all setbacks in the PUD Setback Table so that all setbacks are
measured from the eaves of the primary structure to the property boundary.
C. The applicant shall change "Duplex" category to "2-Unit Townhome" category.
Additionally, "Multi -Family" shall refer to structures with more than 2 units.
D. The applicant shall include a minimum lot size to be set at 2,000 square feet for
Townhome, Multi -family, and Non-residential uses in the PUD Setback Table.
E. The applicant shall remove "Lot Coverage" designations from smaller lot sizes where this
designation is not applicable and label as such.
F. The applicant shall add a note to the PUD Setback Table requiring a minimum of 400 s.f. of
rear yard green space for the smaller lot.
G. The applicant shall remove "FAR" reference from table for "Non-residential" category.
H. The applicant shall remove "stories" under the "Building Height" column of the PUD
Setback Table.
I. The maximum building height for "Non -Residential" shall be established as 35'.
Note: An administrative conditional use permit shall be required for any non-residential
building between 35' and 40'. In no case shall a non-residential building have a height
exceeding 40' .
J. The applicant shall include minimum setbacks for the "Non-residential" category in the
PUD Setback Table.
K. The applicant shall add a "Side Corner" column of specific standards for all categories in
the PUD Setback Table.
L. The applicant shall remove the "Alley Loaded Garage Separation" column from the Table
as it is redundant.
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M. The applicant shall remove the "Side Building Separation" column from the Table as it is
redundant.
N. The applicant shall revise Note #6: provide a better definition or wording for "most
restrictive" when referring to setback lines and minimum lot widths.
O. The applicant shall remove Note #11 and place in CCR's on the setback table.
P. The applicant shall remove "Accessory Apartment" and "Accessory Single Family" from
the proposed uses list and replace with "Accessory Dwelling Above Garage" as a proposed
/ permitted use. "Accessory Dwelling Above Garage" shall only be permitted in the Single
Family Residential" use areas with one primary residential dwelling and one secondary
residential dwelling permitted on a single lot. Maximum building height for this above the
garage unit shall be 35'.
Q. The applicant shall reduce minimum front setbacks for homes fronting onto green spaces in
first phase to allow for additional parking at rear of lot.
R. The applicant shall denote that corner side lot fence height shall be a maximum of 42".
9. The following conditions shall amend the PUD Anticipated Land Uses and Development
Standards with the amendments reviewed and approved by the Kalispell Planning Department:
A. The applicant shall change the following Land Use designations: `B-1 Mixed Use PUD"
designation to "Commercial Mixed Use PUD; "R-3 Mixed Use PUD" designation to
"Residential Mixed Use PUD".
B. The applicant shall add "Accessory Dwelling Unit Above Garage" to all sections of the
anticipated uses list.
C. The applicant shall add "Rental Cabins" as a proposed / permitted use under the "Parks /
Open Space" section of the anticipated uses.
D. The applicant shall add "Temporary Sales Office / HOA Community Center" as a permitted
use under the "Parks / Open Space" section of the anticipated uses.
E. The applicant shall add text in the Property Development Standards for "Parks / Open
Space" stating that "Temporary Sales Center" shall use on -street parking only.
F. The applicant shall verify the need for including proposed portions of the "Property
Development Standards" or remove them completely to minimize overlap with the "PUD
Setback Table" information.
G. The applicant shall remove "transmission towers and cellular communication towers",
"hotels / motels", and "electric distribution station".
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H. The applicant shall consolidate similar uses into a more simplified list of proposed uses (i.e.
professional offices", "retail", etc.)
I. The applicant shall specify "no casinos" when referencing land uses such as bars, pubs, etc.
J. The applicant shall indicate that office / retail (non-residential) type uses of 10,000 square
feet or less will be a permitted use with either single or multiple users within the same
building with no single use exceeding 5,000 square feet. Buildings exceeding 10,000
square feet will be permitted by conditional use.
10. Upon submitting a preliminary plat for each phase of the Starling project the applicant shall
color the preliminary plat similar to PUD to differentiate the various product types and identify
and label land uses for each lot as defined in the PUD.
11. Upon submitting a final plat for each phase of the Starling project the applicant shall provide
the planning department with a copy of the final plat which differentiates the various product
types and identifies and labels the land uses for each lot as defined in the PUD and approved in
conjunction with the preliminary plat.
12. In reviewing the subsequent subdivisions on the site the parkland requirement for each phase
shall include the number of lots and the number of potential condominium or apartment units
on the multi -family lots. The potential number of condominium or apartment units on the
multi -family lots will be calculated at a density of 1 unit per 2,000 square feet of gross square
footage for the lot. In addition, the parkland for the lots designated on the preliminary plat as
commercial mixed use or residential mixed use shall be based on 50% residential for the
commercial mixed use lots and 75% residential for the residential mixed use lots.
13. Parkland requirements shall be calculated as each phase of development is proposed with the
required parkland met by the dedication and improvement of parks as shown on the Parks
and Open Space plan. Any shortfall of parkland in a specific phase of the project shall be met
by bonding in anticipation of dedication and improvement of parkland in future phases.
14. The applicant shall coordinate with the Parks and Recreation Department to provide a
minimum of 90 acres of parkland on the 640 acre project site based on an ultimate buildout of
3,000 residential units. If the overall units decrease, the associated acreage for parkland will
decrease accordingly.
15. On the final plat the developer shall designate park space to be dedicated to the public and be
maintained by the Homeowners Association.
16. The applicant shall install an asphalt (minimum 10-feet wide) or concrete (minimum 8-feet
wide) trail along all four edges of the Starling Community as well as a pathway along the BPA
power line easement. The trail along the perimeter of the site shall eliminate the need for the
standard sidewalk next to the perimeter roadways (West Reserve Drive, Stillwater Road, Four
Mile Drive and Spring Creek Road). Specifications for the trail including width and
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construction materials will be determined by the Parks and Recreation Department and, for
bike and pedestrian paths along the perimeter of the project site, the Public Works
Department.
17. The Parks and Recreation Department shall review and approve all park designs within the
Starling project.
18. The Parks and Recreation Department shall review and approve the landscaping associated
with the open space areas as shown on the approved PUD plan. Along with the landscaping
plan the developer shall provide a plan for irrigation and pedestrian/bike facilities in the open
space areas.
19. A detailed plan to screen the lift stations within the project site shall be reviewed and
approved by the Parks and Recreation Department as part of the preliminary plat. Screening
of the lift station shall include enclosing the lift station within a building which is in keeping
with the architectural style of the Starling project. The lift station site shall also be
incorporated into the overall landscaping plan for the park.
20. The power, phone, natural gas and cable television lines shall generally 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.
21. A minimum of two-thirds of the necessary infrastructure for subdivisions on the Starling site
shall be completed prior to final plat submittal for each phase and that both the water and
sewer systems serving the individual phase be operational.
22. Because of the extended nature of the Starling project it is understood that the merits of each
preliminary plat shall be judged on the current design and construction standards for public
infrastructure at the time of preliminary plat submittal.
23. The Phasing Plan of the PUD serves as a general guide for the anticipated phasing of the
project. The various phases of the project serve as a guide with regard to the order in which
the phases will be constructed allowing for phases to be constructed in orders other than that
shown in the Phasing Plan. The first phase shall be filed within three years of approval of the
effective date of this PUD. Each successive phase or sub -phase shall be filed within two
years of final plat approval of the previous phase or sub -phase. A one year extension may be
approved by the Kalispell City Council for the first phase and subsequent phases or sub -
phases. In all events each phase shall be freestanding in terms of public infrastructure,
services, parks and open space.
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.
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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 SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 20TH DAY OF AUGUST, 2007.
Pamela B. Kenney
Mayor
ATTEST:
r 'N;
Theresa White
City Clerk,'�v'