Ordinance 1846 - PUD - 430 Stillwater Road202000026105
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Return to: Debbie Pierson, Flathead County MT by MW 6, 21/ 2020 3§06 PM
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1846
j AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE (ORDINANCE NO.1677) BY ZONING A PORTION
r4 OF CERTAIN REAL PROPERTY CURRENTLY ZONED CITY R-3 (RESIDENTIAL) TO
RA-1 (RESIDENTIAL APARTMENT) WITH A PLANNED UNIT DEVELOPMENT
lAI OVERLAY AND A PORTION OF THAT CERTAIN REAL PROPERTY CURRENTLY
p i ZONED AS CITY R-3 (RESIDENTIAL) TO B-1 (NEIGHBORHOOD BUSINESS) ALL AS
MORE PARTICULARLY DESCRIBED WITHIN TRACT 1 OF CERTIFICATE OF
{ SURVEY 21158 IN THE SOUTH HALF OF SECTION 35, TOWNSHIP 29 NORTH, RANGE
22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, in August, 2007 the city council approved Ordinance No. 1618, thereby attaching a
zoning classification of R-3, Residential on approximately 640 acres of land
described as Section 35, Township 29 North, Range 22 West, P.M,M, Flathead
County, Montana and further approving a Planned Unit Development overlay, named
the Starling PUD over the entire area; and
WHEREAS, by its terms, the Starling PUD has expired, and the above described Section 35 has
been divided into various parcels and held in various ownerships; and
WHEREAS, 430 Stillwater Road LLC has petitioned to amend the zoning designation on 28.29
acres of property in Section 35, more particularly described as Tract 1 of Certificate
of Survey 21158 in the South Half of Section 35, Township 29 North, Range 22
West, P.M.M., Flathead County, Montana, currently zoned as R-3, Residential, to be
zoned as RA-1 (Residential Apartment) with a Planned Unit Development overlay
and that the zoning designation on a contiguous 2.56 acres be amended to B-1
(Neighborhood Business); and
WHEREAS, the property is located at the intersection of Stillwater Road and Four Mile Drive;
and
WHEREAS, the petition of 430 Stillwater Road LLC was the subject of a report compiled by the
Kalispell Planning Department, Staff Report #KPUD-20-01, in which the Kalispell
Planning Department evaluated the petition and recommended that a Planned Unit
Development overlay be attached to the property as described above, pursuant to
Kalispell City Code 27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on July 14,
2020 and recommended that a 28.29 acre portion of the subject property currently
zoned as R-3, Residential, should be zoned as RA-1 (Residential Apartment) with a
Planned Unit Development overlay and that the zoning designation on a contiguous
2.56 acres be amended to B-1 (Neighborhood Business) all as requested by the
petitioner and pursuant to Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to designate a 28.29 acre
portion of the subject property, currently zoned as R-3 Residential, to be amended to
RA-1, Residential Apartment and to zone a 2.56 acre contiguous portion, currently
zoned as R-3 Residential, to be amended to B-1, Neighborhood Business, 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-20-01.
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 designating
approximately 28.89 acres of land described above as RA-1, Residential
Apartment, with a Planned Unit Development overlay and by designating
approximately 2.56 acres of the contiguous property described above as B-1,
Neighborhood Business.
SECTION 2. The Planned Unit Development overlay proposed by 430 Stillwater Road
LLC upon the real property described above is hereby approved, subject to
the following conditions:
The Planned Unit Development for Stillwater Crossing allows the following deviations from
the Zoning Regulations:
(a) Minimum lot area: Kalispell Zoning Ordinance Sec 27.09.040(1) — Minimum lot
size in the RA-1 zone is 6000 square feet plus 3000 square feet for each unit beyond
a duplex. This deviation reduces minimum lot area to 4180 square feet for the
single-family lots and to 1652 square feet per unit for the multi -family lot.
(b) Minimum lot width: Kalispell Zoning Ordinance Sec. 27.09.040(2) — The minimum
lot width in the RA-1 zone is reduced from 50 feet to 44 feet.
The Planned Unit Development for Stillwater Crossing allows the following deviations from
the Kalispell Subdivision Regulations:
(1) Block length: Kalispell Subdivision Regulations Sec 28.3.12(A)(2)—Block lengths
must be at least 250 feet, but not more than 600 feet. This deviation would allow
blocks in excess of 600 feet provided that pedestrian connections are included per the
submitted plans plus an additional connection from the linear park in the southwest
corner of the development
(2) Alleys: Kalispell Subdivision Regulations Sec 28.3.15 Alleys are typically
required for single family lots less than 50 feet in width. This deviation would
eliminate the requirement for alleys provided that the property is developed per the
submitted plans.
The B-1 (Neighborhood Business) zone on the property shall be designated as a PUD
Placeholder and a separate PUD application shall be submitted for review and approval prior
to any development within that zone.
4. 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.
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.
6. Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
As a PUD with an associated preliminary plat application, the abandonment or expiration of
the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
Architectural renderings are required to be submitted to the Kalispell Architectural Review
Committee for review and approval prior to issuance of a building permit for any structure
other than the single-family dwellings. Building design shall be provided as listed below:
a. Four-sided architecture is required for all structures and buildings. Large, rectangular
masses should be avoided by incorporating offsets in the wall and roof. A change in
the plane of the walls, changing the direction or providing some variety in the roof
form gives diversity and visual interest.
b. All roof mounted equipment, i.e. HVAC, and any utility services should be shielded
from all views.
9. Signage shall be allowed as provided for RA-1 zones within the sign regulations contained in
the Kalispell Zoning Ordinance.
10. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant fixture shall
not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to come up with a design that is both visually appealing and
meets the required safety guidelines. It is intended that when the project is developed the
ponds will act as features, particularly along the roadways, rather than a private maintenance
utility facility.
11. In order to ensure unique and varied street frontage with varied roof configurations and
facades with staggered locations on each parcel, the applicant shall prepare a plan calling out
an appropriate mix of multiple home designs and site layouts for the single-family area, to be
reviewed and approved by the Kalispell Planning Department. This plan shall be submitted
prior to any building permit approvals within the single-family phase of the development.
12. A view -obscuring fence along Four Mile Drive, Stillwater Road, and Savannah Road shall
be installed by the developer. The fencing plan shall be submitted to the Planning
Department and the Architectural Review Committee for review and approval and shall
include a consistent, aesthetically pleasing design.
13. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
14. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water 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.
15. 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
Storm Water Discharge Associated with Construction Activities.
16. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
17. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction.
18. 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.
19. 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 the Public Works
Department. 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 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.
20. All existing and proposed easements shall be indicated on the face of the final plat. 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."
Developer's Signature
22. 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.
23. While the development is planned as a rental community with a maintenance plan
administered by the lessor, the subdivision creating separate lots necessitates provisions for a
common area maintenance plan administered by a homeowners' association (HOA), which
shall be provided for prior to final plat. The HOA should include provisions for the
maintenance of all common areas in recorded covenants including, but not limited to, stone
drainage facilities, open space, park areas, and clubhouses. As part of the storm drainage
facilities, the association will be required to mow the area to reduce fire hazard and reduce
spread of noxious weeds.
24. 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.
25. 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, common area, and adjoining rights -of -way, including Four
Mile Drive and Stillwater Road.
26. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat of Phase 1.
27. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The taxes
levied within the maintenance district shall be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council.
28. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
29. All utilities shall be installed underground.
30. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
31. 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.
32. The existing irrigation well along Stillwater Road shall be protected by preserving electrical
service to the well and having a means to install pipe from the well to the extent of this
project and surrounding developments. Preferably, the well should be transferred to the City
or abandoned and replaced in -kind elsewhere in Section 35, with the specific location being
at the discretion of the City of Kalispell. However, it is currently under separate ownership
and is part of undeveloped property to the north. It should be addressed either as part of the
engineering design for this project or as part of any approval for the property to the north.
33. The parking spaces at the clubhouse in the single-family phase shall be amended to provide
for a protected pull-out area, utilizing standard boulevard and approaches without backing
into the street.
34. A final geotechnical report shall be prepared and submitted to the Public Works Department
for review prior to engineering design for the subdivision. It shall also be submitted to the
Building Department prior to issuance of any building permits within the development.
35. In designing the water system for the subdivision, water services shall come off of internal
water mains and not the transmission main. The water main in Savannah Road shall be a 12-
inch main.
36. Any publicly owned mains within Phase 2 shall be located within drive aisles and an
easement dedicated to the City.
37. The applicant will extend sewer service from the west to the property and will need to extend
the sewer to the east in Four Mile Drive and north in Stillwater Road to the northeastern
corner of the development.
38. Sewer within Lot 85 for the multi -family development will need to be private until the point
of connection in Savannah Road.
39. Phasing for the right-of-way improvements would include all improvements in Four Mile
Drive and Savannah Road, plus the internal local road, as part of Phase 1 and all of the right-
of-way improvements in Stillwater Road from the intersection with Four Mile Drive to the
northeastern corner of the development would be part of Phase 2. Improvements related to
the intersection of Four Mile Drive and Stillwater Road shall be included with Phase 1
improvements.
40. Savannah Road shall be designed as a collector street and extend to the subdivision's
northern property boundary. A temporary turnaround shall be constructed along with
provisions for snow storage until such time as the street connects to the north. There shall not
be individual driveway approaches onto Savannah from the single-family area on the west,
and only limited shared approaches from the multi -family and neighborhood commercial
area on the east side of the road.
41. The full frontage of Stillwater Road shall be improved to an urban standard for a minor
arterial from the intersection with Four Mile Drive to the northeastern corner of the
development. The approach on Stillwater Road shall include a center turn lane.
42. The frontage of Four Mile Drive shall be improved to a rural standard for a minor arterial.
Approaches on Four Mile Drive shall include center turn lanes and standard street
intersection requirements (ADA ramps, crosswalks, lighting, etc.).
43. The intersection of Stillwater Road and Four Mile Drive shall be improved to provide for
left-hand turn lanes on the south and west legs to match the existing left-hand turns on the
north and east legs. The intersection shall also include sidewalks.
44. On the west side of the western approach onto Four Mile Drive, a pedestrian actuated rapid
flashing beacon for a crosswalk needs to be installed with no midblock crossing on Four
Mile Drive.
45. Any required additional right-of-way necessary for the improvements shall be dedicated to
the City of Kalispell. Additionally, the fee interest in the rights -of -way for Four Mile Drive
and Stillwater Road shall be dedicated to the City of Kalispell.
46. The interior local streets shown on the proposed plat as Lolo Lane and Kinners Lane would
serve as access to the single-family homes and would be constructed to standards for a local
street.
47. Driveway widths shall not exceed ten feet plus the appropriate flares provided in the City of
Kalispell Standards for Design and Construction.
48. The name of the interior street shall be modified so that the entire interior road system from
the western intersection with Four Mile Drive to the intersection with Savannah Road will be
under a single name.
49. T-intersections shall include ADA ramps on all legs.
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, T I S 1, Tft DAY OF AUGUST, 2020.
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ATTEST:
NJ/Mac �&w4k7L�
Ai ee Brunckhorst, CMC
City Clerk
Mark Johnso
Mayor