H3. Ord. 1862, Res. 6034, Mountain View PUD and Prel. PlatCITY OF 11
KALISPELL
Development Services Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisi)ell.com/planning
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
SUBJECT: KPUD-21-01 — Mountain View Planned Unit Development
MEETING DATE: August 2, 2021
BACKGROUND: Bison Hill, LLC has submitted an application for the Mountain View Planned
Unit Development ("PUD"), which is a Residential PUD overlay on approximately 139 acres of land
abutting the north side of Foys Lake Road to the west of the Highway 93 Bypass, along with major
preliminary plat approval for Phase 1 of the development. The property was previously annexed with
a PUD overlay called Willow Creek, which has since expired. This proposal is for a new PUD by a
different applicant. The PUD calls for a total of 407 dwelling units (225 single family lots, 16
cottage lots and 166 townhome lots) along with approximately 49.1 acres of open space and park
area. The Phase 1 preliminary plat consists of approximately 21.2 acres with 94 lots (5 single family
lots and 89 townhome lots), streets and open space.
The property is located at 964 Foys Lake Road to the west of the Highway 93 Bypass. The property
can be described as Tract 9 of Certificate of Survey No. 19234 located in the South Half of the
Northeast quarter, North Half of the Southeast quarter, North Half of the Southwest quarter, and in
the East Half of the Northwest quarter of Section 13, Township 28 North, Range 22 West, P.M.,M.,
Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing on June 8, 2021, to consider the
request. Staff presented staff report KPUD-21-01 providing details of the proposal and evaluation.
Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend
to the Council that the request be granted subject to 49 listed conditions.
Two public comments were received at the public hearing and one written public comment in
addition to comments from the applicant. One comment supported the proposal and another was
concerned with access, and the written comment generally was concerned with too much density.
The public hearing was closed, and a motion was presented to adopt staff report KPUD-21-01 as
findings of fact and recommend to the Kalispell City Council that the Planned Unit Development be
approved subject to the 49 conditions. After lengthy discussion, a motion to table the matter passed
so the applicant could further refine application materials regarding water, sewer, and traffic. At the
Planning Board's subsequent meeting on July 13, 2021, the request was taken off the table. Four
additional public comments were submitted related to drainage and access at the July 13 meeting.
Further board discussion concluded that the request was appropriate, and the main motion was
approved on a unanimous vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the first reading
of Ordinance 1862, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell
zoning ordinance 1677, by applying a Residential PUD Zoning Overlay subject to 49 conditions on
approximately 139 acres of certain real property currently zoned R-3 (Residential) with a PUD
placeholder, and which can be described as Tract 9 of Certificate of Survey No. 19234 located in the
South Half of the Northeast quarter, North Half of the Southeast quarter, North Half of the Southwest
quarter, and in the East Half of the Northwest quarter of Section 13, Township 28 North, Range 22
West, P.M.,M., Flathead County, Montana, in accordance with the Kalispell Growth Policy Plan- It
2035 and provide an effective date.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Memo for Preliminary Plat
Ordinance 1862
Resolution 6034
June 8, 2021, and July 13, 2021, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
Public Comment
c: Aimee Brunckhorst, Kalispell City Clerk
CITY OF
KALISPELL
Development Services Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
SUBJECT: KPP-21-02 — Mountain View Phase 1 Preliminary Plat
MEETING DATE: August 2, 2021
BACKGROUND: Bison Hill, LLC has submitted an application for the Mountain View Planned
Unit Development ("PUD"), which is a Residential PUD overlay on approximately 139 acres of land
abutting the north side of Foys Lake Road to the west of the Highway 93 Bypass, along with major
preliminary plat approval for Phase 1 of the development. The property was previously annexed with
a PUD overlay called Willow Creek, which has since expired. This proposal is for a new PUD by a
different applicant. The PUD calls for a total of 407 dwelling units (225 single family lots, 16
cottage lots and 166 townhome lots) along with approximately 49.1 acres of open space and park
area. The Phase 1 preliminary plat consists of approximately 21.2 acres with 94 lots (5 single family
lots and 89 townhome lots), streets and open space.
The property is located at 964 Foys Lake Road to the west of the Highway 93 Bypass. The property
can be described as Tract 9 of Certificate of Survey No. 19234 located in the South Half of the
Northeast quarter, North Half of the Southeast quarter, North Half of the Southwest quarter, and in
the East Half of the Northwest quarter of Section 13, Township 28 North, Range 22 West, P.M.,M.,
Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing on June 8, 2021, to consider the
request. Staff presented staff report KPP-21-02 providing details of the proposal and evaluation. Staff
recommended that the Planning Board adopt the staff report as findings of fact, and recommend to
the Council that the request be granted subject to 49 listed conditions.
Two public comments were received at the public hearing and one written public comment in
addition to comments from the applicant. One comment supported the proposal and another was
concerned with access, and the written comment generally was concerned with too much density.
The public hearing was closed and a motion was presented to adopt staff report KPP-21-02 as
findings of fact and recommend to the Kalispell City Council that the Preliminary Plat be approved
subject to the 49 conditions. After lengthy discussion, a motion to table the matter passed so the
applicant could further refine application materials regarding water, sewer and traffic. At the
Planning Board's subsequent meeting on July 13, 2021, the request was taken off the table. Four
additional public comments were submitted related to drainage and access at the July 13 meeting.
Further board discussion concluded that the request was appropriate, and the main motion was
approved on a unanimous vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution
6034, a resolution approving a request from Bison Hill, LLC for approval of the preliminary plat for
Mountain View Phase 1 (KPP-21-02), a major subdivision preliminary plat consisting of
approximately 139 acres with 49 conditions of approval, located at 964 Foys Lake Road. The
property can be described as Tract 9 of Certificate of Survey No. 19234 located in the South Half of
the Northeast quarter, North Half of the Southeast quarter, North Half of the Southwest quarter, and
in the East Half of the Northwest quarter of Section 13, Township 28 North, Range 22 West,
P.M.,M., Flathead County, Montana.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
c: Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1862
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A
RESIDENTIAL PLANNED UNIT DEVELOPMENT OVERLAY ZONE, TO BE KNOWN
AS MOUNTAIN VIEW PLANNED UNIT DEVELOPMENT, OVER CERTAIN REAL
PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 9 OF COS 19234
LOCATED IN THE SOUTH HALF OF THE NORTHEAST QUARTER, NORTH HALF
OF THE SOUTHEAST QUARTER, NORTH HALF OF THE SOUTHWEST QUARTER
AND IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 13,
TOWNSHIP 28 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, Bison Hill, 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 with a Planned Unit Development overlay to be known as Mountain
View PUD, on approximately 139 acres of land; and
WHEREAS, the property is currently zoned R-3, Residential, with a PUD Placeholder and is
located at 964 Foys Lake Road to the west of the Highway 93 Bypass; and
WHEREAS, the petition of Bison Hill, LLC was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KPUD-21-01, 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 Public Hearings on the matter on June 8,
2021 and July 13, 2021, and recommended that a Planned Unit Development
overlay be attached to approximately 139 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-21-01.
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 attaching the
property described above with a Planned Unit Development overlay.
SECTION 2. The Planned Unit Development overlay proposed by Bison Hill, LLC
upon the real property described above is hereby approved subject to the
following conditions:
The Planned Unit Development for Mountain View allows the following deviations from
the Zoning Regulations:
(1) Minimum lot size: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000
square feet. The deviation reduces minimum lot area to 3500 square feet for the
attached townhome and cottage lots as a minimum lot area.
(2) Minimum lot width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is
50 feet. The lot width applies to sublots as well. The deviation allows 35 foot
minimum widths for alley loaded detached cottage homes. Sublots with a minimum
lot width of 30 feet are allowed provided they are in substantial compliance with
the proposed plat, PUD plan, and other conditions of the PUD.
2. The Planned Unit Development for Mountain View allows the following deviations from
the Kalispell Subdivision Regulations:
(1) Block length: Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but not
more than 600 feet. This deviation allows blocks in excess of 600 feet as well as
less than 250 feet in the area of the cottage lots.
(2) Driveway access to collector road: Sec 28.3.14(G) and (J) — Individual driveways
are prohibited on collector streets per Sec 28.3.14(G) except in infill situations, with
access to be from an alley with the front of the house facing the collector. This
deviation would provide that, where alleys are not feasible, that driveway access to
the street would be allowed if the block is posted as "no parking." Additionally,
any townhouse/sublot accessing a collector street would be required to have a
minimum lot width of 40 feet.
(3) Cottage Alleys as an alternative street section: The cottage lots would include two
"cottage alleys" which would be a cross section 40 feet wide. The street section
would be allowed provided that they are maintained as a private street. A note to
that effect shall be placed on the final plat.
(4) Alleys with townhouse development: Sec. 28.3.15 — Alleys are required for
townhouse development creating a street frontage density of 40 feet/unit or smaller
on average for any block. They are also required whenever lots are adjacent to a
collector street. The proposed layout for Phase 1 is appropriate provided that (a)
shared driveways are used whenever feasible; and (b) the townhouses along Foys
Lake Road are reviewed and approved by the City of Kalispell Architectural
Review Committee. Future phases should be reviewed separately with each
preliminary plat as part of the subdivision review to determine if any deviation is
appropriate.
The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD becomes effective.
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.
5. 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.
7. 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.
8. 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 develop 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.
9. The aesthetic appearance of the landscaping, fencing, and townhomes along Foys Lake
Road shall be in substantial compliance with the representation submitted. In order to
ensure that the final design of the frontage and townhomes along Foys Lake Road as well
as along the bypass meet these requirements, the landscaping, fencing and townhome plans
for sublots along the south side of the internal road paralleling Foys Lake Road shall be
submitted to the Planning Department and the City of Kalispell Architectural Review
Committee for review and approval.
10. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
11. 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. An offsite downstream analysis
for any drainage flowing south across Foys Lake Road shall be completed, including a no -
rise determination if offsite volumes increase above historic volumes. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Per the extension of services plan and the standards for design and construction, a water
main shall be extended within Foys Lake Road to the western end of the development. The
extension shall extend from the existing main to the western end of a given phase,
ultimately extending to the western property line.
18. Any crossing of Ashley Creek will require the appropriate permitting relating to working
in or near the creek, and could involve local, state, and federal jurisdictions and permitting.
19. The design of the water system shall address the water pressure issues related to servicing
the development.
20. Per the extension of services plan and the standards for design and construction, a sewer
main shall be extended within Foys Lake Road to the western end of the development. The
extension shall extend from the existing main to the western end of a given phase,
ultimately extending to the western property line.
21. 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.
22. Internally, the streets shall be constructed as local streets under the City of Kalispell
Standards for Design and Construction, with the exception of the cottage alleys and the
collector street running from the west entrance through the center of the project, then west
to the north property line to provide an eventual connection to Highway 2.
23. The plat shall be amended to increase the sublot size and, if necessary, reduce lots on the
collector street to provide at least 40-foot wide sublots for any sublot accessing the
collector.
24. Foys Lake Road shall be improved in accordance with City of Kalispell Standards for
Design and Construction and the subdivision regulations to a full width minor arterial. Any
right-of-way necessary to provide the right-of-way width shall be dedicated to the City.
Phase IA of the subdivision shall improve Foys Lake Road from the Highway 93 Bypass
to the westerly extent of the phase. Any subsequent phase of development shall improve
the remaining portion of Foys Lake Road to the westerly extent of the given phase as shown
on the preliminary plat provided by this application. Improvements shall include an 8'
concrete sidewalk, streetlights, and other applicable improvements on the development
side of the roadway.
25. The eastern end of Phase 1 shall include a temporary turnaround to be reviewed and
approved by the Fire Department in order to provide sufficient fire access under the fire
code.
26. The bike path/pedestrian plans shall be amended to provide the appropriate connectivity
and to provide for pedestrian/bike traffic within the adjoining Foys Lake Road right-of-
way and extending to the western property line of the development as well as connecting
to the existing bike path at the northeast corner of the development.
27. The Traffic Impact study shall be amended pursuant to comments from Public Works
detailed within this report. Prior to final plat, all mitigation recommended as part of the
approved amended traffic impact study relative to the given phase shall be completed. All
improvements shall be reviewed and approved by the Public Works Department and the
Montana Department of Transportation, if applicable. The timing of the improvements
will be determined by the recommendations contained in the approved amended TIS.
28. The road extending to Highway 2 is included within the Transportation Plan and the
amended TIS may show that the connection is necessary from a transportation perspective.
If recommended by the updated TIS, the road shall be installed connecting to Highway 2.
If the full connection is not recommended, the developer will need to provide for a future
connection by extending the internal road to the north property line. The road shall be fully
developed to city standards as a collector in accordance with the Standards for Design and
Construction in conjunction with Phase 3 to the appropriate northern terminus unless the
approved amended TIS recommends different timing of the improvement.
29. The cottage alleys shall be owned and maintained as private streets, and a note to that effect
shall be placed on the final plat.
30. The street intersection north of the western approach shall be designed such that the
western street tees into the eastern/northern leg, opposite of what is shown in the PUD.
31. 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, any private
infrastructure has been constructed per city standards, and a proper bond has been accepted
for unfinished work.
32. 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.
33. The Geotech reports shall be updated to reflect comments from the Public Works and
Building Departments. The updated report would be subject to review and approval by
both departments. Any recommendations in the Geotech report shall be followed.
34. Geotech information for individual building sites may be required by the Building Department
prior to issuing a building permit for any construction, including, but not limited to, primary
structures, accessory structures, and decks, in order to ensure appropriate soils bearing
pressure, placement of footings, slopes, and other building code requirements pursuant to the
IRC or other applicable code.
35. A full final grading plan shall be submitted to Public Works and the Planning Department
showing that slopes, building sites, and driveways are in compliance with Sections 28.3.03,
28.3.11(D), and 28.3.11(F) of the subdivision regulations.
36. A noise study and detailed mitigation plans for highway sound mitigation showing
compliance with Section 28.3.09 of the subdivision regulations shall be submitted for review
and approval by the city prior to construction. Any fencing or walls shall be reviewed by the
city Architectural Review Committee pursuant to the PUD approval.
37. 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 j oint 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
38. 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.
39. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads, parks
and open space. Maintenance of private roads shall include both short term and long term
maintenance including, but not necessarily limited to, snow plowing, landscaping,
sidewalks, street repairs, overlays, and rebuilds of the street.
40. 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.
41. 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. The
approved landscape plan shall be implemented or a cash -in -lieu payment for installation of
the street trees and groundcover be provided to the Kalispell Parks and Recreation
Department.
42. A park plan shall be created and approved by the Parks and Recreation Director prior to
final plat of Phase IA, and the plan shall show that the parkland dedication requirement is
met for each phase.
43. 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
assessments levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
44. A note shall be placed on the final plat indicating a waiver of the right to protest creation
of a stormwater maintenance district. This district shall only be activated in the event that
the property owner(s) default on the maintenance of the approved stormwater facilities.
The assessments levied within the maintenance district shall be determined by the Public
Works Department with approvals by the Kalispell City Council.
45. Section 28.3.25 of the subdivision regulations requires a waiver of the right to protest a
Special Improvement District ("SID") for roadway improvements in adjacent areas. On
the face of the final plat, there shall be a note stating "The owners hereby waive the right
to protest the creation of an SID for the purpose of financing improvements to area roads
which will specifically benefit this subdivision."
46. Prior to final plat, the description of the lots on the plat shall be amended to eliminate the
reference to duplex lots and to reference them as townhouse lots.
47. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
48. All utilities shall be installed underground and in locations that are approved by the
Kalispell Public Works Department in accordance with the Kalispell Standards for Design
and Construction.
49. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
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 DAY OF , 2021.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
RESOLUTION NO. 6034
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
MOUNTAIN VIEW PHASE 1, DESCRIBED AS TRACT 9 OF COS 19234 LOCATED IN
THE SOUTH HALF OF THE NORTHEAST QUARTER, NORTH HALF OF THE
SOUTHEAST QUARTER, NORTH HALF OF THE SOUTHWEST QUARTER AND IN
THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Bison Hill, LLC, the owner of the certain real property described above, has
petitioned for approval of Phase 1 of the Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held public hearings on
June 8, 2021 and July 13, 2021 on the proposal and reviewed Subdivision Report
#KPP-21-02 issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Phase 1 of Mountain View, subject to certain
conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of August 2,
2021, reviewed the Kalispell Planning Department Report #KPP-21-02, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-21-02 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Bison Hill, LLC for approval of the Preliminary Plat
of Phase 1 of Mountain View, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
The Planned Unit Development for Mountain View allows the following deviations from the
Zoning Regulations:
(1) Minimum lot size: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000
square feet. The deviation reduces minimum lot area to 3500 square feet for the
attached townhome and cottage lots as a minimum lot area.
(2) Minimum lot width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is
50 feet. The lot width applies to sublots as well. The deviation allows 35 foot
minimum widths for alley loaded detached cottage homes. Sublots with a minimum
lot width of 30 feet are allowed provided they are in substantial compliance with the
proposed plat, PUD plan, and other conditions of the PUD.
2. The Planned Unit Development for Mountain View allows the following deviations from the
Kalispell Subdivision Regulations:
(1) Block length: Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but not
more than 600 feet. This deviation allows blocks in excess of 600 feet as well as less
than 250 feet in the area of the cottage lots.
(2) Driveway access to collector road: Sec 28.3.14(G) and (J) — Individual driveways
are prohibited on collector streets per Sec 28.3.14(G) except in infill situations, with
access to be from an alley with the front of the house facing the collector. This
deviation would provide that, where alleys are not feasible, that driveway access to
the street would be allowed if the block is posted as "no parking." Additionally, any
townhouse/sublot accessing a collector street would be required to have a minimum
lot width of 40 feet.
(3) Cottage Alleys as an alternative street section: The cottage lots would include two
"cottage alleys" which would be a cross section 40 feet wide. The street section
would be allowed provided that they are maintained as a private street. A note to that
effect shall be placed on the final plat.
(4) Alleys with townhouse development: Sec. 28.3.15 — Alleys are required for
townhouse development creating a street frontage density of 40 feet/unit or smaller
on average for any block. They are also required whenever lots are adjacent to a
collector street. The proposed layout for Phase 1 is appropriate provided that (a)
shared driveways are used whenever feasible; and (b) the townhouses along Foys
Lake Road are reviewed and approved by the City of Kalispell Architectural Review
Committee. Future phases should be reviewed separately with each preliminary plat
as part of the subdivision review to determine if any deviation is appropriate.
The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD becomes effective.
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.
5. 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.
7. 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.
8. 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 develop 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.
9. The aesthetic appearance of the landscaping, fencing, and townhomes along Foys Lake Road
shall be in substantial compliance with the representation submitted. In order to ensure that
the final design of the frontage and townhomes along Foys Lake Road as well as along the
bypass meet these requirements, the landscaping, fencing and townhome plans for sublots
along the south side of the internal road paralleling Foys Lake Road shall be submitted to the
Planning Department and the City of Kalispell Architectural Review Committee for review
and approval.
10. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
11. 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. An offsite downstream analysis for
any drainage flowing south across Foys Lake Road shall be completed, including a no -rise
determination if offsite volumes increase above historic volumes. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Per the extension of services plan and the standards for design and construction, a water
main shall be extended within Foys Lake Road to the western end of the development. The
extension shall extend from the existing main to the western end of a given phase, ultimately
extending to the western property line.
18. Any crossing of Ashley Creek will require the appropriate permitting relating to working in
or near the creek, and could involve local, state, and federal jurisdictions and permitting.
19. The design of the water system shall address the water pressure issues related to servicing
the development.
20. Per the extension of services plan and the standards for design and construction, a sewer
main shall be extended within Foys Lake Road to the western end of the development. The
extension shall extend from the existing main to the western end of a given phase, ultimately
extending to the western property line.
21. 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.
22. Internally, the streets shall be constructed as local streets under the City of Kalispell
Standards for Design and Construction, with the exception of the cottage alleys and the
collector street running from the west entrance through the center of the project, then west to
the north property line to provide an eventual connection to Highway 2.
23. The plat shall be amended to increase the sublot size and, if necessary, reduce lots on the
collector street to provide at least 40-foot wide sublots for any sublot accessing the collector.
24. Foys Lake Road shall be improved in accordance with City of Kalispell Standards for Design
and Construction and the subdivision regulations to a full width minor arterial. Any right-of-
way necessary to provide the right-of-way width shall be dedicated to the City. Phase I of
the subdivision shall improve Foys Lake Road from the Highway 93 Bypass to the westerly
extent of the phase. Any subsequent phase of development shall improve the remaining
portion of Foys Lake Road to the westerly extent of the given phase as shown on the
preliminary plat provided by this application. Improvements shall include an 8' concrete
sidewalk, streetlights, and other applicable improvements on the development side of the
roadway.
25. The eastern end of Phase 1 shall include a temporary turnaround to be reviewed and
approved by the Fire Department in order to provide sufficient fire access under the fire
code.
26. The bike path/pedestrian plans shall be amended to provide the appropriate connectivity and
to provide for pedestrian/bike traffic within the adjoining Foys Lake Road right-of-way and
extending to the western property line of the development as well as connecting to the
existing bike path at the northeast corner of the development.
27. The Traffic Impact study shall be amended pursuant to comments from Public Works
detailed within this report. Prior to final plat, all mitigation recommended as part of the
approved amended traffic impact study relative to the given phase shall be completed. All
improvements shall be reviewed and approved by the Public Works Department and the
Montana Department of Transportation, if applicable. The timing of the improvements will
be determined by the recommendations contained in the approved amended TIS.
28. The road extending to Highway 2 is included within the Transportation Plan and the
amended TIS may show that the connection is necessary from a transportation perspective. If
recommended by the updated TIS, the road shall be installed connecting to Highway 2. If
the full connection is not recommended, the developer will need to provide for a future
connection by extending the internal road to the north property line. The road shall be fully
developed to city standards as a collector in accordance with the Standards for Design and
Construction in conjunction with Phase 3 to the appropriate northern terminus unless the
approved amended TIS recommends different timing of the improvement.
29. The cottage alleys shall be owned and maintained as private streets, and a note to that effect
shall be placed on the final plat.
30. The street intersection north of the western approach shall be designed such that the western
street tees into the eastern/northern leg, opposite of what is shown in the PUD.
31. 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, any private
infrastructure has been constructed per city standards, and a proper bond has been accepted
for unfinished work.
32. 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.
33. The Geotech reports shall be updated to reflect comments from the Public Works and
Building Departments. The updated report would be subject to review and approval by both
departments. Any recommendations in the Geotech report shall be followed.
34. Geotech information for individual building sites may be required by the Building Department
prior to issuing a building permit for any construction, including, but not limited to, primary
structures, accessory structures, and decks, in order to ensure appropriate soils bearing pressure,
placement of footings, slopes, and other building code requirements pursuant to the IRC or
other applicable code.
35. A full final grading plan shall be submitted to Public Works and the Planning Department
showing that slopes, building sites, and driveways are in compliance with Sections 28.3.03,
28.3.11(D), and 28.3.11(F) of the subdivision regulations.
36. A noise study and detailed mitigation plans for highway sound mitigation showing compliance
with Section 28.3.09 of the subdivision regulations shall be submitted for review and approval
by the city prior to construction. Any fencing or walls shall be reviewed by the city
Architectural Review Committee pursuant to the PUD approval.
37. 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
38. 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.
39. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads, parks and
open space. Maintenance of private roads shall include both short term and long term
maintenance including, but not necessarily limited to, snow plowing, landscaping, sidewalks,
street repairs, overlays, and rebuilds of the street.
40. 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.
41. 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. The approved
landscape plan shall be implemented or a cash -in -lieu payment for installation of the street
trees and groundcover be provided to the Kalispell Parks and Recreation Department.
42. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat of Phase IA, and the plan shall show that the parkland dedication requirement is met for
each phase.
43. 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
assessments levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
44. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the
property owner(s) default on the maintenance of the approved stormwater facilities. The
assessments levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council.
45. Section 28.3.25 of the subdivision regulations requires a waiver of the right to protest a
Special Improvement District (" SID") for roadway improvements in adjacent areas. On the
face of the final plat, there shall be a note stating "The owners hereby waive the right to
protest the creation of an SID for the purpose of financing improvements to area roads which
will specifically benefit this subdivision."
46. Prior to final plat, the description of the lots on the plat shall be amended to eliminate the
reference to duplex lots and to reference them as townhouse lots.
47. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
48. All utilities shall be installed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
49. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 2ND DAY OF AUGUST, 2021.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
JUNE 8, 2021
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and Zoning
CALL
Commission was called to order at 6:00 p.m. Board members present
were Doug Kauffman (acting President), Rory Young, Joshua Borgardt,
George Giavasis, Kurt Vomfell and Ronalee Skees. Chad Graham was
absent. PJ Sorensen, Jarod Nygren and Rachel Ezell represented the
Kalispell Planning Department. Keith Haskins represented the Kalispell
Public Works Department.
APPROVAL OF MINUTES
Giavasis moved and Skees seconded a motion to approve the minutes of
the April 13, 2021, meeting of the Kalispell City Planning Board and
Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
HEAR THE PUBLIC
None.
KA-21-02 — PONDEROSA VET
A request from Katherine Gates (Mission Impawsible, LLC) for
ANNEXATION
annexation and initial zoning of B-1 (Neighborhood Business) for
property located at 100 Ponderosa Lane (Ponderosa Veterinary
Hospital), containing approximately 1.48 acres. The request is based on
a desire to connect to city sanitary sewer service.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report 4KA-21-02.
Staff recommends that the Kalispell Planning Board adopt staff report
#KA-21-02 as findings of fact and recommend to the Kalispell City
Council that the property be annexed and the zoning for the entire property
be city B-1 (Neighborhood Business).
BOARD DISCUSSION
None
PUBLIC HEARING
None
MOTION
Vomfell moved and Skees seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt staff report 4KA-21-02 as
findings of fact and recommend to the Kalispell City Council that the
property be annexed and the zoning for the entire property be city B-1
(Neighborhood Business).
BOARD DISCUSSION
None
ROLL CALL
Motion passed unanimously on a roll call vote.
KCU-21-03 — THE RITZ BAR &
File 4KCU-21-03 — A request from Tristelle Vu (The Ritz Bar & Salon)
SALON CUP
for a conditional use permit to allow an accessory casino within the B-4
(Central Business) zone. The property contains an existing bar and will
be adding a nail salon in addition to the proposed accessory casino
space. The property is located at 110 & 116 Main Street.
Kalispell City Planning Board
Minutes of the meeting of June 8, 2021
Page I 1
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report # KCU-21-03.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report 4KCU-21-03 as findings of fact and
recommend to the Kalispell City Council that the conditional use permit
be approved subject to the conditions listed in the staff report.
BOARD DISCUSSION
Giavasis asked if the CUP would be tied to the property or just the
business. Sorenson explained that any kind of zoning entitlements run
with the land as long as what they are doing is consistent with what was
approved. Vomfell and Young asked about facade improvements and
signage requirements. Sorenson advised both will be required to go
through the architectural review process.
PUBLIC HEARING
Michael Lawlor — PO Box 728, Missoula — attorney for applicant,
offered to answer questions about how the liquor license ties in with the
accessory casino.
Tim Guenzler — 300 Lee Rd. — Owner of Progressive Gaming, is
working with the applicants to set up gaming machines. Offered to
answer questions.
Melissa Quast — 1520 Us Hwy 2 West — concerned with layout of the
business and the machines being in the front of the building and
operating hours.
Dia Sullivan — PO Box 233, Whitefish — architect for the applicant,
explained that the layout they designed works best with the existing
layout.
Darcy Lard — 500 Main St — downtown business owner — is in favor of
the bar and salon.
Derek Price — 459 Mountain Vista Way — patron of applicants existing
business, Nailtopia, and is in favor of the bar and salon.
MOTION
Vomfell moved and Young seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KCU-21-
03 as findings of fact and recommend to the Kalispell City Council that
the conditional use permit be approved subject to the conditions listed in
the staff report.
BOARD DISCUSSION
Givasis is opposed to the CUP being tied to the property and has
concerns with the 20% square footage requirement. Vomfell does not
feel we need another casino in the city, and it is unfortunate that a liquor
license must be tied to gaming to afford it. Young and Borgardt feel it is
an appropriate use. Nygren noted that it's a good thing that the liquor
license will be staying in the downtown area.
ROLL CALL
Motion passed 4-2 on a roll call vote. Vomfell and Giavasis are opposed
to the conditional use permit.
BOARD MEMBER SEATED
Kauffman recused himself and asked Young to chair because he is a
representative for Layne Massie (Edge, LLC).
KCU-21-04 — EDGE
A request from Layne Massie (Edge, LLC) for a conditional use permit
APARTMENTS CUP
to allow a multi -family residential development for property located at
Kalispell City Planning Board
Minutes of the meeting of June 8, 2021
Page12
2015 & 2105 Third Avenue East, containing approximately 2.04 acres.
The development (Third Avenue East Apartments) would include 48
residential units, parking, and recreational amenities.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report # KCU-21-04.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report 4KCU-21-04 and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the conditions listed in the staff report.
BOARD DISCUSSION
Vomfell asked about Condition # 16 and the why the number of units
may need to be reduced. Sorenson advised that since the B-2 zone does
not have density limits changes may need to be made based on design
requirements like parking, trash enclosures, storm drainage, etc.
PUBLIC HEARING
Carol Thill — 2141 3rd Ave E — Owner of Lucky Dog Day Camp to the
south of the subject property. She has concerns with how close the
apartments will be to her business and that it may cause problems,
barking, smell, etc. with tenants in the future if there is not enough
buffer.
MOTION
Vomfell moved and Giavasis seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KCU-21-
04 and recommend to the Kalispell City Council that the conditional use
permit be approved subject to the conditions listed in the staff report.
BOARD DISCUSSION
Board discussed concerns with south property line regarding dog day
camp and agreed that the property owner will be responsible and do
what they need to do to mitigate future issues.
ROLL CALL
Motion passed unanimously on a roll call vote.
BOARD MEMBER RE -SEATED
Kauffman re -seated and took over as chair.
KCU-21-05 — J&S AUTOMOTIVE
A request from Jason Sharp for a conditional use permit to allow an auto
REPAIR CUP
repair business within the B-3 (Core Area Business) zone. The property
contains an existing building that was previously used for fleet vehicle
maintenance and equipment storage for an internet service company.
The property is located at 710 West Montana Street.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report # KCU-21-05.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report 4KCU-21-05 and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the conditions listed in the staff report.
BOARD DISCUSSION
Board discussed proposed screening, how the required sidewalk would
fit and asked for clarification from staff as to why they are requiring the
sidewalk if the use prior to this requested use was the same. Staff
advised because of the zone change from B-5 to B-3 there are design
guidelines now whereas the previous tenant was grandfathered in.
Kalispell City Planning Board
Minutes of the meeting of June 8, 2021
Page 13
PUBLIC HEARING
Butch Clark — 500 Siblerud Lane — owner of property — is concerned
with the required sidewalk because of cost and losing some existing
trees.
Jason Sharp — 480 Tronstad Rd — applicant requesting CUP — spoke to
type of repair business he runs and that it's a small slower paced type of
repair shop.
MOTION
Vomfell moved and Skees seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report 4KCU-21-
05 and recommend to the Kalispell City Council that the conditional use
permit be approved subject to the conditions listed in the staff report.
BOARD DISCUSSION
Board discussed good use for structure but expressed concerns with
disproportionate costs of the sidewalk and requiring the applicant to
have power poles moved.
ROLL CALL
Motion passed unanimously on a roll call vote.
KPP-21-03 — WESTVIEW
File 4KPP-21-03 — A request from Owl Corporation for major
ESTATES PHASES 6 & 7
preliminary plat approval for Westview Estates Phases 6 and 7. The
PRELIMINARY PLAT
property is located within an R-3 (Residential) zoning district, with a
total of 34 single-family lots on approximately 15.98 acres of land
including the lots, streets, a park area, and other common area. The
property is located to the east of Stillwater Road and to the north of
Westview Estates Phase 2.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report # KPP-21-03.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KPP-21-03 and recommend to the
Kalispell City Council that the preliminary plat for Westview Estates
Phases 6 & 7 be approved subject to the condition listed in the staff
report.
BOARD DISCUSSION
Board discussed number of accesses from new phases and approval from
fire department as well as how the block length is calculated in relation
to cul-de-sac.
PUBLIC HEARING
Eric Mulcahy — 2 Village Loop — representative for applicant — noted
they are happy with the conditions of the staff report and offered to
answer any questions.
Kit Clark — 147 Taelor Rd — concerned with additional traffic, was
hoping for an additional access on Stillwater Rd.
Valerie Mitchell — 187 Taelor Rd — concerned with additional traffic.
Mark Eney — 191 Taelor Rd — concerned with additional traffic.
MOTION
Vomfell moved and Giavasis seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KPP-21-03
and recommend to the Kalispell City Council that the preliminary plat
for Westview Estates Phases 6 & 7 be approved subject to the condition
listed in the staff report.
Kalispell City Planning Board
Minutes of the meeting of June 8, 2021
Page14
BOARD DISCUSSION
Giavasis noted he is not a fan of the cul-de-sac and Borgardt asked about
doing future phase road improvements now to alleviate traffic concerns.
Staff noted that the traffic impact study did not indicate there would be
too much additional traffic with the design as is.
ROLL CALL
Motion passed unanimously on a roll call vote.
KPUD-21-01 & KPP-21-02 —
Files 4KPUD-21-01 and KPP-21-02 — A request from Bison Hill, LLC
MOUNTAIN VIEW PUD AND
for the Mountain View Planned Unit Development ("PUD"), which is a
PRELIMINARY PLAT
Residential PUD overlay on approximately 139 acres of land abutting
the north side of Foys Lake Road to the west of the Highway 93 Bypass,
along with major preliminary plat approval for Phase 1 of the
development. The property was previously annexed with a PUD overlay
called Willow Creek, which has since expired. This proposal is for a
new PUD by a different applicant. The PUD calls for a total of 407
dwelling units (225 single family lots, 16 cottage lots and 166 townhome
lots) along with approximately 49.1 acres of open space and park area.
The Phase 1 preliminary plat consists of approximately 21.2 acres with
94 lots (5 single family lots and 89 townhome lots), streets and open
space.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Reports 4KPUD-21-01 & 4KPP-21-02.
Sorenson noted that the applicant has some concerns with some of the
conditions and would like to further discuss these conditions with staff
and Public Works and therefore would like to have this tabled to a future
meeting. He advised the board that we should proceed with discussion
and public comment.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Reports 4KPUD-21-01 & 4KPP-21-02 and
recommend to the Kalispell City Council that the PUD and the
preliminary plat be approved subject to the conditions listed in the staff
report.
BOARD DISCUSSION
Board discussed west access, the traffic impact study and if it will
trigger access to Hwy 2 and the water pressure issues that need to be
addressed with Public Works.
PUBLIC HEARING
Mike Brodie — 431 lst Ave W — representative for applicant — confirmed
that the applicant does wish to table for further discussion with staff and
Public Works.
Francis Flanigan — 849 Foys Lake Rd — agrees with the subdivision and
likes the existing layout.
Melissa Quast — 1520 US Hwy 2 West — concerned that only 2 accesses
for 400 homes are not sufficient and how those accesses will be
mitigated. She is also concerned with the number of deviations.
MOTION — PUD &
Vomfell moved and Borgardt seconded a motion that the Kalispell City
PRELIMINARY PLAT
Planning Board and Zoning Commission adopt Staff Reports #KPUD-
(ORGINAL)
21-01 and #KPP-21-02 and recommend to the Kalispell City Council
that the PUD and preliminary plat for Mountain View be approved
Kalispell City Planning Board
Minutes of the meeting of June 8, 2021
Page 15
subject to the conditions listed in the staff report.
BOARD DISCUSSION
Board discussed the fact that both applicant and staff have asked for a
table to further discuss the project. They like the project but are
concerned with there only being 2 accesses.
MOTION — PRELIMINARY PLAT
& PUD (TABLE)
Vomfell moved to table and Skees seconded a motion that the Kalispell
City Planning Board and Zoning Commission table Staff Reports
4KPUD-21-01 & KPP-21-02 to the July 13, 2021 meeting.
ROLL CALL
Motion tabled unanimously on a roll call vote.
OLD BUSINESS
Nygren updated the board on the Kalispell Parkline.
NEW BUSINESS
Nygren updated the board on the July 13, 2021 planning board meeting.
ADJOURNMENT
The meeting adjourned at approximately 9:05pm.
Chad Graham
President
APPROVED as submitted/amended:
Kari Barnhart
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of June 8, 2021
Page 16
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
JULY 13, 2021
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and Zoning
CALL
Commission was called to order at 6:00 p.m. Board members present
were Chad Graham, Doug Kauffman, Rory Young, Joshua Borgardt,
George Giavasis, Kurt Vomfell and Ronalee Skees. PJ Sorensen, Jarod
Nygren and Rachel Ezell represented the Kalispell Planning Department.
Keith Haskins represented the Kalispell Public Works Department.
APPROVAL OF MINUTES
Vomfell moved and Skees seconded a motion to approve the minutes of
the June 8, 2021, meeting of the Kalispell City Planning Board and
Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
HEAR THE PUBLIC
None.
ELECTION OF OFFICERS
Graham asked if there were any nominations for President. Skees
(PRESIDENT)
nominated Graham and Young seconded the nomination.
ROLL CALL
Graham's election as President passed unanimously on a roll call
vote.
ELECTION OF OFFICERS
Graham asked if there were any nominations for Vice -President.
(VICE-PRESIDENT)
Giavasis nominated Kauffman and Vomfell nominated Young.
ROLL CALL
Kauffman was elected as Vice -President on a 6-1 roll call vote.
OLD BUSINESS
Files 4KPUD-21-01 and KPP-21-02 — A request from Bison Hill, LLC
KPUD-21-01 & KPP-21-02
for the Mountain View Planned Unit Development ("PUD"), which is a
MOUNTAIN VIEW (TABLED ON
Residential PUD overlay on approximately 139 acres of land abutting
JUNE 8, 2021)
the north side of Foys Lake Road to the west of the Highway 93 Bypass,
along with major preliminary plat approval for Phase 1 of the
development. The property was previously annexed with a PUD overlay
called Willow Creek, which has since expired. This proposal is for a
new PUD by a different applicant. The PUD calls for a total of 407
dwelling units (225 single family lots, 16 cottage lots and 166 townhome
lots) along with approximately 49.1 acres of open space and park area.
The Phase 1 preliminary plat consists of approximately 21.2 acres with
94 lots (5 single family lots and 89 townhome lots), streets and open
space.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Reports 4KPUD-21-01 & 4KPP-21-02.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Reports 4KPUD-21-01 & 4KPP-21-02 and
recommend to the Kalispell City Council that the PUD and the
preliminary plat be approved subject to the conditions listed in the staff
report.
Kalispell City Planning Board
Minutes of the meeting of July 13, 2021
Page I 1
MOTION (KPUD-21-01 & KPP-21-
Kauffman moved and Skees seconded a motion that the Kalispell City
02) REMOVE FROM TABLE
Planning Board and Zoning Commission remove staff reports 4KPUD-
21-01 and 4KPP-21-02 from the table.
VOTE BY ACCLAMATION
The motion passed on a vote of acclamation.
PUBLIC COMMENT
Julie Robinson — 955 Foys Lake Rd — concerned with water drainage
onto her property.
Geraldine Young — 985 Foys Lake Rd — concerned with water drainage
onto her property.
Melissa Quast — 1520 US Hwy 2 West — had questions about the final
TIS report.
Mike Brodie — 431 1st Ave W — WGM — representative for applicant,
advised drainage will be addressed and offered to answer any questions.
Felicity Williams — 963 Foys Lake Rd — concerned with water drainage
onto her property.
BOARD DISCUSSION
Board discussed the retention pond and drainage with Haskins to clarify
for the public how the approval process works for the storm drainage.
Haskins noted that there is a condition in the staff report for a
downstream no rise study to be done to verify that the downstream
impacts are mitigated appropriately. Board also discussed the proposed
accesses to and from the development.
MOTION (KPUD-21-01 & KPP-21-
Vomfell moved and Young seconded a motion that the Kalispell City
02) — AMENDED STAFF REPORT
Planning Board and Zoning Commission adopt amended staff reports
#KPUD-21-01 and 4KPP-21-02 and recommend to the Kalispell City
Council that the PUD and preliminary plat for Mountain View be
approved subject to the conditions listed in the staff reports.
ROLL CALL
Motion passed unanimously on a roll call vote.
KPP-21-05 — MEADOWS EDGE
File 4KPP-21-05 — A request from Meadows Edge, LLC for major
PHASES 3 & 4
preliminary plat approval for Meadows Edge Phases 3 and 4. The
property is located within an R-3 (Residential) zoning district with a
Planned Unit Development overlay, with a total of 125 dwelling units
(Phase 3 contains 31 single-family lots and Phase 4 contains 21 single-
family lots and 73 townhome lots) on approximately 54.91 acres of land
including the lots, streets, and common area.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report # KPP-21-05.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report 4KPP-21-05 as findings of fact and
recommend to the Kalispell City Council that the preliminary plat be
approved subject to the conditions listed in the staff report.
Kalispell City Planning Board
Minutes of the meeting of July 13, 2021
Page12
BOARD DISCUSSION
Board discussed the sewer connection to the west side interceptor and
how that ties in with the Rockwood Ranch subdivision across Three
Mile Drive.
PUBLIC COMMENT
None.
MOTION
Kauffman moved and Vomfell seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report 4KPP-21-05
as findings of fact and recommend to the Kalispell City Council that the
preliminary plat be approved subject to the conditions listed in the staff
report.
ROLL CALL
Motion passed unanimously on a roll call vote.
KGPA-21-02 — MOVE 2040
KGPA-21-02 — A request from the City of Kalispell to amend the
KALISPELL AREA
Kalispell Growth Policy Plan -it 2035 by adopting the MOVE 2040
TRASNPORTATION PLAN
Kalispell Area Transportation Plan. The Kalispell Growth Policy Plan -It
2035 identified updating the 2008 Kalispell Transportation Plan as a key
project. Accordingly, the City of Kalispell and the Montana Department
of Transportation initiated the planning process for an updated plan mid -
September 2019. The MOVE 2040 Kalispell Area Transportation Plan
will serve to update and replace the existing Kalispell Transportation
Plan.
STAFF REPORT
Jarod Nygren representing the Kalispell Planning Department reviewed
4KGPA-21-02.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt #KGPA-21-02 and recommend to the Kalispell City
Council that the MOVE 2040 Kalispell Area Transportation Plan update
be adopted as an amendment to the Kalispell Growth Policy Plan It-
2035.
BOARD DISCUSSION
Giavasis inquired about more mixed -use type of transportation, not just
vehicular travel. Young responded he feels that is more of a general
growth policy plan update, not necessarily an update for the
transportation plan.
PUBLIC COMMENT
None.
MOTION
Young moved and Borgardt seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt 4KGPA-21-02 and
recommend to the Kalispell City Council that the MOVE 2040 Kalispell
Area Transportation Plan update be adopted as an amendment to the
Kalispell Growth Policy Plan It-2035.
BOARD DISCUSSION
Board discussed how they liked the plan and it provides a lot of
information.
ROLL CALL
Motion passed unanimously on a roll call vote.
OLD BUSINESS
None.
Kalispell City Planning Board
Minutes of the meeting of July 13, 2021
Page 13
NEW BUSINESS
Nygren updated the board on the August Planning Board meeting
agenda.
ADJOURNMENT
The meeting adjourned at approximately 7:30pm.
Chad Graham
President
APPROVED as submitted/amended:
Kari Barnhart
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of July 13, 2021
Page14
MOUNTAIN VIEW PUD (AMENDED STAFF REPORT)
PLANNED UNIT DEVELOPMENT - STAFF REPORT #KPUD-21-01
MAJOR SUBDIVISION - STAFF REPORT #KPP-21-02
KALISPELL PLANNING DEPARTMENT
JUNE 2, 2021
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request
from Bison Hill, LLC for a Planned Unit Development (PUD) overlay, and major preliminary
plat on approximately 139 acres. A public hearing has been scheduled before the Planning Board
for June 8, 2021, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning
Board will forward a recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION
Bison Hill, LLC has submitted an application for the Mountain View Planned Unit Development
("PUD"), which is a Residential PUD overlay on approximately 139 acres of land abutting the
north side of Foys Lake Road to the west of the Highway 93 Bypass, along with major
preliminary plat approval for Phase 1 of the development. The property was previously annexed
with a PUD overlay called Willow Creek, which has since expired. This proposal is for a new
PUD by a different applicant. The PUD calls for a total of 407 dwelling units (225 single family
lots, 16 cottage lots and 166 townhome lots) along with approximately 49.1 acres of open space
and park area. The Phase 1 preliminary plat consists of approximately 21.2 acres with 94 lots (5
single family lots and 89 townhome lots), streets and open space.
A: Applicant: Bison Hill, LLC
970 W Broadway, #446 Ste E
Jackson, WY 83002
B: Location: The property is located at 964 Foys Lake Road to the west of the Highway 93
Bypass. The property can be described as Tract 9 of Certificate of Survey No. 19234
located in the South Half of the NE'/4, North Half of the SE'/4, North Half of the SW '/4,
and in the East Half of the NW 1/4 of Section 13, Township 28 North, Range 22 West,
P.M.,M., Flathead County, Montana.
r
1
C: Existing Land Use and Zoning: The subject property is currently vacant, but has a
history of both agricultural use for grazing and some industrial use related to the sawmill
that was located to the north of the property. The current zoning for the property is R-3
(Residential), which is "intended to provide lot areas for urban residential development.
This district should have good thoroughfare access, and be in proximity to community
and neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within
this district must be served by all public utilities. This zoning district would typically be
found in areas designated as suburban residential or urban residential on the Kalispell
Growth Policy Future Land Use Map." The property has a PUD overlay which has
expired, meaning that a PUD placeholder is currently in effect. A placeholder means that
no development can occur without a new PUD for the property.
Kalispell Zoning Exhibit -April 22nd, 2021
ART Assessor# 0662950
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D. Size:
The subject property is approximately
139 acres.
E: Adjacent Zoning:
North: County R-I and I-2
East: City R-3/R-4; County I-2
South: County R-1; City R-2/PUD
West: County R-1
F: Adjacent Land Uses:
North: Ashley Creek; Rails -to -Trails;
Single-family; Undeveloped
property; Light Industrial;
East: Bypass; Single-family
South: Single-family (city/county)
West: Single-family (county)
G. Proposed Zoning: The proposed zoning of the property maintains the current R-3
(Residential) underlying zoning and adds a new PUD overlay as detailed herein.
2
H: General Land Use Character: The subject property is on the north side of Foys Lake
Road in an area which is predominantly single-family residential. The general area
transitions from urban scale residential to larger rural residential tracts. The area to the
north of the property and south of Highway 2 West contains a mix of open space,
residential and light industrial uses, along with Ashley Creek and the Rails -to -Trails bike
path that replaced a section of railroad tracks. The eastern side of the property is
bordered by the Highway 93 Bypass.
Kalispell Growth Policy Exhibit -April 22nd, 2021
NORTH Assessor## 0662950
Neighhahhod Commercial
_ Industrsal
_ Urban Used Use
- High 6c+ 4 Re di tal
Urban Residential
Suburban Residential
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Residential Urban
High Density
Residential Mix
Use
Suburban
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Date. April Mid, 2021 Valispell Planning DepL
FdeParh: J4 1VX21M2t KA I.I SPFI.I,
I: Relation to the Growth
Policy: The Kalispell Growth
Policy Future Land Use Map
designates the subject property as
Suburban Residential, which
anticipates densities up to four
dwelling units per acre on lots
down to 5000 square feet for
single-family homes, as well as
townhomes and other types of
homes when accompanied by
open space and common areas.
The proposal has a density of
about 3.2 units per acre with
single-family, townhouse, and
cottage lots once discounted for
undevelopable area along Ashley
Creek. The City of Kalispell
Growth Policy Plan -It 2035,
Chapter 4A on Housing,
encourages a variety of residential
development that provides
housing for all sectors and
income levels within the
community. City services are in
the vicinity and available to the
subject property.
3
J: Availability of Public Services and Extension of Services: The Highway 93 Bypass
borders the property to the east and a full interchange provides access a short distance from
the southern part of the property. Water and sewer mains have been extended across the
highway and are available to the project.
Sewer: City of Kalispell
Water: City of Kalispell
Refuse: City of Kalispell
Electricity: Flathead Electric Cooperative
Gas: NorthWestern Energy
Telephone: CenturyTel
Schools: School District 95 - Peterson Elementary, Flathead High School
Fire: City of Kalispell
Police: City of Kalispell
EVALUATION OF THE PLANNED UNIT DEVELOPMENT PROPOSAL
The intent of a PUD district is to serve as an overlay zoning district. The district shall function in
concert with one or more of the underlying zones to provide a comprehensive, integrated
development plan which will serve to modify the underlying zone and, where appropriate,
subdivision standards with the intent of providing flexibility of architectural design and density
as well as providing the option to mix land uses and densities while preserving and enhancing the
integrity and environmental values of an area.
The Mountain View PUD would provide a layout of 139-acres for 407 dwelling units (225 single
family lots, 16 cottage lots and 166 townhome lots). The PUD will be a Residential PUD and
function in concert with the underlying R-3 zone.
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PROJECT INFORMATION
TOTALACREAGE
131104 ACRES
RO�40 ROW
25.1 D ACRES (19.0% TOTAL
DEVELOPMENT AREA)
TOTAL UNITS
407 DU, 3.09 UNITS+ACRE DENSITY
PROPOSED ZONING
R3-PUD
SINGLE FAMILY
37.92ACRE5
225 UNF'.S
TOWNHOME LOTS
9.00 ACRES
92 UNITS
TOV4FAMILY TOWNHOMES
1LBS ACRES
74 UNITS
COTTAGE LOTS
1_&}ACRES
16 UNITS
OPEN SPACE =41.42 ACRES
PARK = 5. 111 ACRES
TOTAL 46 -5 9 ACRES
ASHLEY CREEK= 10.0 ACRES
(UNDEVELOPED)
5
Sections 27.19.020(4) of the zoning regulations provide that the planning board shall review the
PUD application and plan based on the following criteria:
A. The compliance of the proposed PUD with the city growth policy and, in particular,
density and use policies of the plan.
The proposed development is located within the Suburban Residential land use category. The
Kalispell Zoning Ordinance states that the R-3 Zoning District would typically be found in areas
designated as Suburban or Urban Residential on the Kalispell Growth Policy Future Land Use Map
(Sec 27.06.010).
The Kalispell Growth Policy Plan -IT 2035 and the zoning anticipates densities up to four dwelling
units per acre on lots down to 5000 square feet for single-family homes, as well as townhomes and
other types of homes when accompanied by open space and common areas. The proposal has a
density of about 3.2 units per acre with single-family, townhouse, and cottage lots after considering
undevelopable area along Ashley Creek which is not included in the calculation. The City of
Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential
development that provides housing for all sectors and income levels within the community. City
services are in the vicinity and available to the subject property.
The Kalispell Growth Policy Plan -It 2035 also includes the following policies:
Chapter 4, Land Use Housing (9): On larger tracts of land, creative design and a mix
of housing types is encouraged within the overall density requirements to create more
dynamic neighborhoods, to provide more open space, and to protect sensitive resource
areas.
Chapter 4, Land Use Housing (14): A variety of housing types and compatible land
uses are encouraged in residential areas and should be designed to fit scale and character
of the neighborhood. Where necessary, developers should utilize the Planned Unit
Development (PUD) process to craft development proposals that are both innovative and
creative, while maintaining the integrity and values of the community.
The proposal calls for a mix of single-family, townhouse and cottage homes. Within the
residential area, there is open space/parks totaling approximately 41.4 acres of parks and open
space, plus 10.6 acres along Ashley Creek that will remain undeveloped. The open space/parks
include pedestrian/bike paths connecting homes with the parks and the larger network of bike
paths in the general area, including those along the bypass, which provides a connection
throughout the community.
The requested PUD can be found to comply with the Suburban Residential land use designation,
as well as policies found within the Housing chapter of the Kalispell Growth Policy Plan -It 2035.
B. The extent to which the PUD departs from the underlying zoning and the reasons
why such departures are or are not deemed to be in the public interest, and the
mitigating conditions that the PUD provides to address the deviations.
6
(1) Minimum lot area: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000
square feet. The request reduces minimum lot area to 3500 square feet for the
attached townhome and cottage lots as a minimum lot area. The overall
development plan contains less density (about 3.2 units per acre) than the
maximum allowed under zoning (6 units per acre in a PUD with R-3 zoning).
Minimum lot area for single-family lots would be maintained at 6000 square feet.
The overall density of the development relies on open space to create the
community feel intended for the neighborhood, and the intent of the underlying
zoning is met.
(2) Minimum lot width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone
is 50 feet. The lot width applies to sublots as well. The proposal calls for 35 foot
minimum widths for alley loaded detached cottage homes, and the proposed plat
includes sublots as narrow as 30 feet. As with minimum lot area, the overall
development plan is well within the density allowed under the zoning ordinance
and is consistent with the growth policy. The open space within the development
mitigates the narrower lot width provided that an appropriate streetscape is
maintained for driveways, street trees, and other improvements. At these widths,
shared driveways whenever possible should be required. This requested deviation
should be considered in conjunction with a subdivision deviation which would
allow those widths in certain areas without an alley. The deviation is discussed
below.
C. The extent to which the PUD departs from the subdivision regulations (if
subdivision is anticipated) and the public works standards for design and
construction applicable to the subject property, the reasons why such departures
are deemed to be in the public interest, and the mitigating conditions that the PUD
provides to address the deviations;
(1) Block length: Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but
not more than 600 feet. The applicant is requesting blocks in excess of 600 feet.
The regulations provide for pedestrian connections to break up blocks over 600
feet. The lack of conventional city blocks, unique existing topographical features,
and larger open space on the site are reasons for the longer length. Internally to
the project, the internal trail system and open space serve to help tie the project
together.
Externally, slopes and existing development on adjacent sites limit the number
and location of connections. The only adjacent public right-of-way is Foys Lake
Road on the south side of the development, and there are two connections
allowing for appropriate circulation. Other sides of the overall project are limited
by the bypass, Ashley Creek, and established neighborhoods without provisions
for connections. The developer will need to add a connection to Highway 2 to the
north over the creek.
7
There are four sets of cottage lots in one of the later phases of the project. The
cottage lots are smaller lots designed to have shared common area with a
community feel. There are a total of 16 units (four rows of four) that would have
block lengths of 200 feet, which would be below the minimum block length. The
unique design and the features of the project discussed above provide a basis for
the reduced block length.
Given the development constraints and design of the project, the PUD contains
features which help mitigate the deviation's impact and is an appropriate request.
(2) Driveway access to collector road: Sec 28.3.14(G) and (J) — One of the roads
branching from the western access is a collector street (to the east of the
intersection, then through the center of the development and extending to the
north property line to later extend to the highway). Individual driveways are
prohibited on collector streets per Sec 28.3.14(G) except in infill situations, with
access to be from an alley with the front of the house facing the collector. There
is softer language in Sec 28.3.14(J), which states that "residential driveways shall
avoid direct access onto collectors." Many of the lots adjacent to the collector
have access from either an alley or from a side street. Some, however, must
access off of the collector. The applicant has requested that, where alleys are not
feasible, that driveway access to the street would be allowed if the block is posted
as "no parking."
Public Works has indicated that they would support allowing the driveway access
provided that any block with driveway access would be signed as "no parking"
for the length of the block (intersection to intersection) on the side of the street
that a driveway is allowed. The purpose is it allows for vehicles to back into the
street without visual obstruction, which is more important on a collector level
street. Allowing the driveways to access the collector street through the
development is appropriate with the "no parking" limitation.
(3) Cottage Alleys as an alternative street section: The cottage lots would include
two "cottage alleys" which would be somewhat of a hybrid between a street and
an alley. The right-of-way would be 40 feet wide (streets are typically 60 feet
wide and alleys are typically 20 feet wide).
This area would be the only place within the development that would utilize this
street section, and is part of the cottage concept that fronts the lots on common
landscaped area. A full connection between streets is provided for just to the
west, and this section will function as an oversized alley accessing a limited
number of homes. The unique design element is integrated into the overall design
of the project and is an appropriate deviation, provided that, due to the non-
standard design, they are maintained as a private street by the homeowners'
association.
(4) Alleys with townhouse development: Sec. 28.3.15 — Under the subdivision
regulations, alleys are required for townhouse development creating a street
frontage density of 40 feet/unit or smaller on average for any block. They are also
required whenever lots are adjacent to a collector street. As part of Phase 1, there
are a significant number of sublots less than 40 feet wide. It is not clear what
widths will be used in future phases.
The western sublots between the western access onto Foys Lake Road and the
intersection to the east will be on a collector street. The sublots on the north side
of the street are over 40 feet in width, but all of the sublots on the south side vary
from 31 feet wide to 35 feet wide. The remainder of the lots in Phase 1 are
generally in sets of 35 foot wide sublots and 40 foot wide sublots with some
variations from 30 feet to 51 feet.
As discussed above relative to driveways on collector streets, the general rule is
that residential driveways are not allowed to access collector streets due to safety
concerns with collectors being a higher traffic volume road designed to move
traffic. Any sublots on a collector should be at least 40 feet wide and the plat
should be amended to increase the sublot size and, if necessary, reduce lots on the
collector street to provide at least 40 foot wide sublots.
The remainder of the sublots pose an interesting question. The regulation is
intended to maintain a sufficient street frontage without having a series of
driveways without a break in the profile. It was not intended for blocks that, per
the deviation request for block length, reach as long as 10,084 feet on the eastern
portion of the development. In those situations, the "average" width can be
skewed by large areas of open space and still create problems for stretches where
too many driveways come together in too small an area.
As discussed above, the requested block length is appropriate given the unique
characteristics of the site and overall density under zoning and the growth policy.
However, the project still needs to function appropriately. Proposed driveway
layouts are shown below. The proposed layout for configurations of three or
more units should include shared driveways as well to mitigate the street impacts.
9
T
LOT LINE
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Phase 1 includes sublots elevated above Foys Lake Road which are highly visible.
Later in this report, there is a discussion about the aesthetic appearance through
this stretch. Given the increase in width on the collector street sublots, the
aesthetic standards along Foys Lake Road, topographical issues discussed relative
to the plat, and the inclusion of shared driveways for all sublots, accepting the
sublots without alleys in Phase 1 is appropriate. Future phases should be
reviewed separately with each preliminary plat to determine if any deviation is
appropriate.
10
D. The overall internal integrity of the PUD including the appropriate use of internal
design elements, the use of buffers between different land uses, the use of transitions
between uses of greater and lesser intensity, the use of enhanced design features to
provide connectedness for both vehicle and pedestrian traffic throughout the PUD
and the use of innovative and traditional design to foster more livable
neighborhoods;
The overall layout of the development includes a mix of different types of single-family
dwellings, allowing for traditional single-family, townhomes, and cottage units. The residential
use and housing types within the development are similar to the surrounding area and blend with
the surrounding land use pattern. Provisions for vehicular and pedestrian traffic are provided for,
including a network of trails internal to the project which connect to the Great Northern
Historical Trail bike path as well as the bike path along the highway bypass. The submitted
plans do not show a bike path within the Foys Lake Road right-of-way, or connecting to the bike
path at the bypass. The plans will need to be amended to provide the appropriate connectivity
and to provide for pedestrian/bike traffic within the adjoining right-of-way.
While the use is similar, the density is greater than the other established development and
buffering from external roads and adjoining properties is an important design factor.
Additionally, the topography of the site significantly elevates the development above the
adjoining roadway, making it substantially more visible than if the topography were flat. Along
Foys Lake Road, there should be a consistency of design for both landscaping and fencing to
provide a consistent, uniform, aesthetically pleasing design which avoids mis-matched fences
that detract from good visual appearance. Also, the visual impact of the proposed townhomes
elevated over the roadway should be mitigated to the extent possible and shall include the buffer
areas between the townhouses as shown on the proposed plat for Phase 1. Any fencing or other
buffering along the bypass should be reviewed and approved as well.
45 O Mountain Vow PUD
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The developer submitted the drawing shown above, and the aesthetic appearance of the
landscaping, fencing, and townhomes should be in substantial compliance with the
representation submitted. In order to ensure that the final design of the frontage and townhomes
along Foys Lake Road as well as along the bypass meet these requirements, the landscaping and
townhome plans shall be submitted to the Planning Department and the City of Kalispell
Architectural Review Committee for review and approval.
Along the western side of the property, which borders five homes/lots, there is a landscape buffer
provided. The northern boundary abuts Ashley Creek and a substantial buffer is provided
between development and the creek.
The stormwater facilities and any necessary fencing around the stormwater ponds should include
an elevated design, particularly in those areas visible from Foys Lake Road. They should be
designed in a way that it becomes a visual interest to the development. Chain link fencing
surrounding the retention ponds as the dominant fixture should not be allowed without
mitigation. The developer should work closely with the Parks Department and Public Works to
come up with a design that is both visually appealing and meets 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.
E. The nature and extent of the common open space in the planned development
project, the reliability of the proposals for maintenance and conservation of the
common open space and the adequacy or inadequacy of the amount and function of
the open space in terms of the land use, densities and dwelling types proposed in the
plan;
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12
The plan includes common open space and park areas totaling about 46.6 acres. There is a 5.2
acre homeowners park in the western portion of the property, a 1.9 acre homeowners park as part
of phase 1, and a series of interconnected trails and sidewalks which contribute to the
recreational component of the development. The developer will need to provide covenants
which would allow for the maintenance of the common area. Specifics of the park plan will be
reviewed and approved by the Parks Department as each phase progresses with the required
minimum park area to be provided with each phase. The open space adequately functions in the
development in terms of the proposed use, density, and dwelling types.
F. The manner in which said plan does or does not make adequate provision for public
services, provide adequate control over vehicular traffic and further the amenities
of light or air, recreation and visual enjoyment;
Public service facilities and infrastructure are adequate for the development of this site. Any new
improvements to the property such as internal roads, storm water facilities and water/sewer
connections would be installed in accordance with city policies and standards at the developers'
expense. A Traffic Impact Study was completed by the developer and outlined below.
Water: Water to the subdivision will be provided by the City of Kalispell and will involve the
extension of existing water mains. The water system for the subdivision will be reviewed and
approved by the Kalispell Public Works Department as part of the development of the
subdivision. The extension must meet City of Kalispell Standards for Design and Construction as
well as any DEQ requirements. Per the extension of services plan and the standards for design
and construction, a water main needs to be extended within Foys Lake Road to the western end
of the development. Any crossing of Ashley Creek will require the appropriate permitting
relating to working in or near the creek, and could involve local, state, and federal jurisdictions
and permitting. Permits may include, but would not necessarily be limited to, a floodplain
development permit, a 310 permit from the Conservation District, and permitting from the Corps
of Engineers relative to wetlands.
There is adequate capacity within the city's water system to accommodate this subdivision,
although there are pressure issues that will have to be addressed in order to provide service to the
development. The design of the water system will need to take those issues into account.
The Public Works Department provided the following written comments relating to the water
system and are also recommended conditions of approval:
1. The City Standards for Design and Construction require new development to provide 50
psi of pressure during peak hourly demand conditions. Based on initial modeling completed by
the City's utility modeling consultant, the site cannot provide 50 psi of pressure in Phase 1, even
if completely looped to the 16-inch main near Highway 2. Therefore, a booster system drawing
from the lower pressure zone shall be provided to serve all phases of the development.
2. The booster system shall be sized as a new middle pressure zone to service a developable
area north of Foys Lake Road, south of Two -Mile Drive, and west of the Highway 93 Alternative
(bypass).
13
3. To create redundancy within the new middle pressure zone, the booster system shall be
comprised of multiple pumps contained in two booster stations. One booster station should be
located near the connection to the water system in Foys Lake Road and one booster station
should be located near the connection to the water system at Highway 2. Alternative designs
shall be reviewed and approved by Public Works.
4. The booster system shall also include appurtenances deemed necessary for operation and
maintenance of the pressure zone including, but not limited to: SCADA systems, telemetry,
hydropneumatic tank(s), controls, mechanical systems, as well as other requirements deemed
necessary by the City or the Montana Department of Environmental Quality (MDEQ).
5. Pumps within the booster system shall be designed to meet the minimum requirements of
the City of Kalispell Public Works Department and MDEQ and shall include a combination of
pumps including, but not limited to jockey pumps, pumps to meet domestic flows, and pumps to
meet fire demand plus peak day demand. Pumps shall be sized to meet initial demand and fire
flow conditions as well as demands for the buildout of the middle pressure zone and fire now
conditions. Initial modeling of the system calculates the fire demand plus domestic demand to
be between 1,800 gpm and 2,100 gpm.
6. The City reserves the right to provide the design for the booster system and include the
cost for the design of the system as an offset in any calculation for city's upsize participation, if
applicable.
7. Capacity upgrade requirements for the booster system required by the City to serve the
middle pressure zone beyond the needs of Mountain View Subdivision will be subject to cost
sharing provisions pursuant to city policies. Final determination of the cost sharing will be
determined by Public Works based on full buildout of the subdivision and the final design of the
booster system. A Memorandum of Understanding shall be created between the City of
Kalispell and the Mountain View Subdivision to identify responsibilities for cost sharing for
upsize of facilities associated with the booster system.
8. Phasing of roads and utilities, including the booster system, shall be approved by Public
Works.
9. The development is subject to the latecomer agreements for water and sanitary sewer for
the Lone Pine water and sanitary sewer extensions and regional lift station.
Sewer: Sewer to the subdivision will be provided by the City of Kalispell with the extension of
existing mains. The extension must meet City of Kalispell Standards for Design and
Construction as well as any DEQ requirements. The sewer system for the subdivision will be
reviewed and approved by the Kalispell Public Works Department as part of the development of
the subdivision. Per the extension of services plan and the standards for design and construction,
a sewer main needs to be extended within Foys Lake Road to the western end of the
development. There is adequate capacity within the city's sewer system to accommodate this
14
subdivision. It should be noted that all sewage flowing south through the Lone Pine system is
subject to latecomer fees.
Solid Waste: Solid waste collection can be provided throughout the subdivision by the City of
Kalispell.
Access and Roads: The proposal includes two connections to Foys Lake Road, which is a state
secondary highway and is a minor arterial under the Kalispell Transportation Plan. Internally,
the streets would be constructed as local streets under the City of Kalispell Standards for Design
and Construction, with the exception of the "cottage alleys" and a collector street running from
the west entrance through the center of the project, then west to the north property line to provide
an eventual connection to Highway 2. The cottage alleys due to their non-standard design should
be maintained as a private street by the homeowners' association.
The road extending to Highway 2 is not a requirement under fire code, but is included within the
Transportation Plan. Also, a review of the TIS submitted by the developer performed by the City
and KLJ, which has a contract for outsourcing reviews of TIS submittals, shows that the
connection may be necessary from a transportation perspective. An updated TIS will need to be
prepared by the developer for review and approval by Public Works. If recommended by the
updated TIS, the road will need to be installed connecting to Highway 2. If the full connection is
not recommended, the developer will need to provide for a future connection by extending the
internal road to the north property line. The road should be fully developed to city standards as a
collector in conjunction with Phase 3.
Foys Lake Road shall be improved in accordance with City of Kalispell Standards for Design
and Construction and the subdivision regulations to a full width minor arterial. Any right-of-way
necessary to provide the right-of-way width shall be dedicated to the City. Phase IA of the
subdivision shall improve Foys Lake Road from the Highway 93 Bypass to the westerly extent
of the phase. Any subsequent phase of development shall improve the remaining portion of Foys
Lake Road to the westerly extent of the given phase as shown on the preliminary plat provided
by this application.
Provisions for sidewalks and bike paths are provided for, including a network of trails internal to
the project which connect to the Great Northern Historical Trail bike path as well as the bike
path along the highway bypass. The submitted plans do not show a bike path within the Foys
Lake Road right-of-way, or connecting to the bike path at the bypass. The plans will need to be
amended to provide the appropriate connectivity and to provide for pedestrian/bike traffic within
the adjoining right-of-way and extending to the western property line of the development.
The Public Works Department submitted the following written comments relative to the
transportation system:
1. Foys Lake Road shall be improved to a minimum city minor arterial standard, widening
as necessary for a full road width and including an 8' concrete sidewalk, streetlights, and other
applicable improvements on the development side of the roadway.
15
2. The TIS should be updated to account for a 9.5% increase due to seasonal adjustments on
traffic volumes. The report should be updated with the MDT counts for Foys Lake Road. The
TIS should also add daily traffic impacts in addition to the Peak Hour impacts. Additionally, a
3.5% annual growth rate should be incorporated for the area west of the bypass as recommended
in the Foys Lake Road and Kalispell Bypass Interchange project.
3. As recommended in the TIS, right turn lanes should be added at the east and west
accesses off of Foy's Lake Road.
4. The street intersection north of the western approach shall be designed such that the
western street tees into the eastern/northern leg, opposite of what is shown in the PUD.
5. A minor collector shall be constructed from the western approach, through the middle of
the development and to the northern limits of the development. The western approach should be
moved eastward if topography permits to provide a better collector street corridor.
6. City Standards require new development to maintain or improve existing levels of service
(LOS). A LOS decrease is noted in the tables of the TIS for the intersection of North Meridian
and Hwy 2 from B to C for morning westbound through traffic, at the intersection of South
Meridian and 2nd Street from A to B in the afternoon for northbound traffic, and at the
intersection of 7th Street West and 8th Avenue West from B to C in the morning for northbound
traffic. These decreases in LOS are around 1 second and tend to generally be considered
acceptable levels of service.
However, the intersection of South Meridian and 7th Street West drops from a LOS of E to F in
the morning for westbound traffic and D to F in the afternoon for westbound traffic, with an
increase in delay of 34.5 seconds in the morning and 38.1 seconds in the afternoon. Both the
currently adopted 2008 transportation plan and the draft transportation plan (expected to be
adopted later this year) identify a need to upgrade this intersection to a single lane roundabout.
The Standards for Design and Construction require new development to maintain or improve the
LOS of the affected roadways. The development shall mitigate the identified decrease in the
LOS at South Meridian and 7m Street West in a way supported by the findings of the updated
TIS subject to review and acceptance by Public Works.
7. Roads between the cottage lots shall be privately owned, maintained, and signed.
8. Per AASHTO requirements for 25 mph design speeds, minimum radii of 200' shall be
used for horizontal curves. Curves adjacent to lots 242-245 and 125a-125c shall be reviewed and
modified if necessary.
9. The Transportation System shall be designed in accordance with the Standards for Design
and Construction current at the time of construction.
10. Both the existing and draft Transportation Plan for the City of Kalispell recommend the
development of a north/south minor collector connection from Highway 2 to Foys Lake Road to
ensure north/south connectivity west of the bypass. Given approximately 49% of the site
16
generated traffic is expected to have a northbound departure, this connection shall be perpetuated
by the project. If the connection cannot be established through adjacent properties to the north of
the development, the right-of-way shall be extended to the north boundary of the project,
dedicated to the City of Kalispell, and a Waiver of SID for road improvements shall be signed by
the development to occur with future development to the north.
Control over vehicular traffic: WGM Group prepared a traffic impact study for the proposed
project. The traffic impact study analyzed the full buildout of the proposed development. The
traffic study was prepared using standard techniques to forecast traffic volumes and operations at
the two approaches onto Foys Lake Road and nearby intersections. Per comments from Public
Works noted above, there are some updates which should be accomplished pursuant to the KLJ
review of the TIS. An updated TIS will need to be prepared by the developer for review and
approval by Public Works, and any recommendations from the accepted updated TIS will need
to be implemented.
The current study concluded that traffic from the development "will generate new traffic through
the study intersections," but the "analysis shows that this traffic can be accommodated at most of
the study intersections without the need for improvements." The TIS identified the intersection
of South Meridian and 7th Street West as needing to be upgraded to a "compact urban
roundabout."
The study also noted that the development should incorporate improvements along the frontage
of Foys Lake Road based on the Kalispell Area Transportation Plan, and further recommended
that, "if permitted by MDT, the developer construct a right -turn deceleration lane on Foys Lake
Road at the east site access, and that traffic conditions be monitored at the west site access to
determine if, as the site builds out and is occupied, a right -turn lane is also needed at that access
point."
The TIS noted "excellent access to the Great Northern Historical non -motorized trail system will
be provided by connecting the internal residential units to the frontage bicycle/pedestrian
improvements, interconnecting sidewalk system and a multi -modal trail system."
Storm Water: Roadways will be paved and curb/gutter will channel runoff to designed low points,
where storm water will be collected and routed to storm water ponds. Any open storm water
facilities should have an elevated aesthetic design. Storm water runoff from the site shall be
managed and constructed per the City of Kalispell Standards for Design and Construction and storm
water management program. Final design will be approved by the Kalispell Public Works
Department prior to development.
An offsite downstream analysis for any drainage flowing south across Foys Lake Road shall be
completed and any adverse impacts to downstream properties shall be mitigated for the 2-, 10-, and
100-year events. Offsite flow rates shall not increase above historic rates. A no rise determination
for the Unnamed Perennial Surface Water Tributary to Ashley Creek from Foys Lake which runs
through the Lone Pine Subdivision shall be completed if offsite volumes increase above historic
volumes.
17
Additionally, prior to development of the subdivision or receiving any building permits, the
developer will need to submit a construction storm water management plan to the Public Works
Department. This plan will need to show how storm water will be treated and where it will be
directed during construction activities.
Schools: The property is within the boundaries of School District #5 (Peterson Elementary and
Glacier High School). On average, it would be anticipated that there would be about 204
students (K-12) from the neighborhood at full build -out. Section 76-3-608(l) of the Montana
Code Annotated states that the governing body may not deny approval of a proposed subdivision
based solely on the subdivision's impacts on educational services.
Police: Police services will be provided by the Kalispell Police Department. The department can
adequately provide service to this subdivision.
Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The
department can adequately provide service to this development. Additionally, the road network
to the subdivision provides adequate access for fire protection. As part of subdivision review, fire
protection, including fire flow and hydrant location, will be reviewed, and water pressure issues
will need to be addressed as discussed in this report. Fire station 61 is located approximately 1.3
miles away providing good response time.
Parks: The plan includes common open space and park areas totaling just about 46.6 acres.
There is a 5.2 acre homeowners park in the western portion of the property, a 1.9 acre
homeowners park as part of phase 1, and a series of interconnected trails and sidewalks which
contribute to the recreational component of the development. The developer will need to provide
covenants which would allow for the maintenance of the common area. Specifics of the park
plan will be reviewed and approved by the Parks Department as each phase progresses with the
required minimum park area to be provided with each phase.
G. The relationship, beneficial or adverse, of the planned development project upon the
neighborhood in which it is proposed to be established;
The subject property is in an area which is largely developed with existing single-family
development in the immediate vicinity. This development would continue that trend. There is
recently installed infrastructure in the area with the Highway 93 bypass and upgrades currently
under construction which help allow the project to fit within the neighborhood. Water and sewer
lines were extended under the bypass and are available to support construction. It is expected that
additional development will occur in the area to the north. This project would fit within that
overall trend. With the existing established residential neighborhoods in the surrounding area, it
is important that the development fit within the neighborhood in terms of services, aesthetics,
and impact as discussed in Section (D) above and elsewhere in this report.
H. In the case of a plan which proposes development over a period of years, the
sufficiency of the terms and conditions proposed to protect and maintain the
integrity of the plan which finding shall be made only after consultation with the
city attorney;
18
There are essentially nine phases of the development, with four primary phases. The first phase
would include two subphases, and a preliminary plat application has been submitted for that area
for 94 lots on 21.2 acres. It is anticipated that the first phase would begin development in the fall
of 2021, with each phase commencing the following year. Section 27.19.020(10) of the zoning
ordinance outlines procedures for abandonment/expiration to be followed when the PUD fails to
comply with a completion schedule.
Part of the requirements of the PUD is that the developer would enter into an agreement with the
City of Kalispell to adequately ensure that the overall integrity of the development, the
installation of required infrastructure, architectural integrity and proposed amenities, are
accomplished as proposed. A recommended condition of approval for the PUD would require
this agreement be in place prior to filing the final plat for the first phase of the project.
�ro
L Conformity with all applicable provisions of this chapter.
YMMGROU
Section 27.19.030(4) of the zoning ordinance allows for Residential PUDs in R-3 zones with a
minimum of two developable acres. Density should not exceed 6 dwelling units per acre. The
development contains 139 acres. Density in the residential area is 3.2 units per acre once
undevelopable land adjoining Ashley Creek is discounted. Housing types can include single-
family, duplex, and multi -family housing arranged in attached, detached, townhouse, apartment
or condominium configurations. The proposal meets those requirements. No other specific
deviations from the Kalispell Zoning Ordinance or Subdivision Regulations can be identified
19
based upon the information submitted with the application other than those addressed in this
report.
REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT
_ILr`i
The preliminary plat submitted with the application is for Phase 1, which is the southern portion
of the property adjacent to Foys Lake Road. It consists of approximately 21.2 acres with 94 (5
single family and 89 townhome lots) lots, streets, parkland and open space.
A. Effects on Health and Safety:
Fire: The property would be considered to be at low risk of fire because any building
constructed within the subdivision would be built in accordance with the International
Fire Code and have access which meets city standards. The area to be built upon will be
graded to not have steep slopes or woody fuels. Hydrants will be required to be placed in
compliance with the requirements of the Uniform Fire Code and approved by the Fire
Chief.
= F Flooding: The area of the
subject property to be
3004125 I , developed is located entirely
ZONE AE g{ outside of the 100-year
2944.1 floodplain per the Flood
ZON5-AE A , ' Insurance Rate Map (panel
numbers 30029C1805J and
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"`_ 0029C1815J, both effective
99
November 4 2015). The
property is bordered on the
a north by Ashley Creek.
Z942 s Areas shown as floodplain
"' "f'I"pell x are contained within
' . 116k 3011112,AW common area that will be set
aside as part of the watercourse and wetlands setbacks provided for under the subdivision
regulation.
20
Access: The access to the development will be provided primarily with two accesses onto
Foys Lake Road, which provides access to the Highway 93 bypass. There are also
provisions for a potential extension to the north over Ashley Creek which would allow
for access to Highway 2. Additional details relating to access are discussed elsewhere in
this report.
Geology: The overall site contains significant slopes and topography which the design of
the development must take into account in terms of placement of roads and building lots.
A Geotech report was prepared in 2009 by CMG Engineering and more recently in May
of 2021 by Slopeside Engineering to evaluate the original report. The conclusion was
that the 2009 study remains valid subject to some modifications. The recommendations
in the report should be followed, subject to comments provided by the City of Kalispell
Public Works and Building Departments.
Public Works commented that the Geotech provides that utilities will be backfilled with
onsite native soils, which doesn't meet city standards for roads and utilities in roadways.
For example, Slopeside recommends 2' of gravel subbase for any haul roads with
separation fabric between the gravel and native fine-grained soils, but then states that
compacted silt is the assumed pavement subgrade material for the streets. The minimum
City Standards for pavement sections should be specified (if not thicker to match his haul
route recommendations), but potentially also add separation fabric to prevent future clays
from pumping through road cross sections.
The Building Department commented that the minimum soils prescriptive bearing
pressure recognized in the International Residential Code is 1500 pounds per square foot
of soil bearing pressure. Code also requires that the footings be placed on natural
undisturbed soils, or engineered fill. The total depth of fill would need to be demonstrated
either in site specific instances or based on a letter from a geotechnical engineer
establishing that the minimum requirements are met. They also noted that final grade of
the lots could present another issue. The IRC allows for the placement of footings
adjacent to ascending and descending slopes with a slope of 45 degrees. If design was
outside of these parameters due to the actual lot dimensions or slope, an engineered
foundation or retaining walls may be required depending on the situation. Building
limitations may apply not only to the main house structure, but also to decks and other
appurtenances.
Grading and Slopes: The developer has submitted plans showing typical sections for the
townhouse lots. Section 28.3.03 states that slopes in excess of a 25% grade are
prohibited unless appropriately mitigated. Section 28.3.11(D) requires a maximum 7%
slope on the driveway, while Section 28.3.11(F) requires building sites to have existing
undisturbed terrain of 25% or less slope. It appears from the typical plans that those
slopes are met, but a full final grading plan will need to be submitted to Public Works and
the Planning Departments for review and approval with confirmation of each building lot
to be submitted prior to final plat.
21
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22
TYPICAL TOWN HOME SECTION
Highway Sound Mitigation: Under Section 28.3.09 of the subdivision regulations, a
proposed residentially zoned subdivision abutting a major arterial road such as the bypass
requires noise mitigation
techniques to reduce the noise
impacts to 60dBA or less at
z the lot lines. The subdivision
plans call for berming along
the east boundary of the site
within designated open space
in combination with the higher
elevation of the subdivision.
Appropriate noise mitigation
under the regulations include
increased setbacks, earth
berms, and fences/walls less
that 6.5 feet in height. Detailed plans have not been submitted and shall be submitted for
review and approval by the city prior to construction, including a sound study. Any
fencing or walls should be reviewed by the city Architectural Review Committee
pursuant to the PUD approval.
B. Effects on Wildlife and Wildlife Habitat:
Ashley Creek borders the property to the north. The creek and the undeveloped nature of
the property on the edge of town both provide riparian and wildlife habitat that should be
taken into consideration according to comments submitted by the Montana Department of
Fish, Wildlife, and Park. The Resources and Analysis Section of the Kalispell Growth
Policy includes information from Fish, Wildlife and Parks relating to riparian wildlife,
deer, elk and moose habitat. The map does not include this stretch of Ashley Creek as
important riparian habitat, and, as with the majority of the Kalispell area outside of the
core downtown, the maps show a whitetail deer density of 5 to 30 per square mile, but no
significant elk or moose habitat.
23
The comments from Fish, Wildlife, and Parks noted that the development includes upland
grasslands/previous agricultural fields and a forested riparian zone along the creek, with
the stream bank having relatively stable riparian vegetation, providing stable stream
bank, natural habitat, and a natural setting. They recommend a minimum 200-foot
building setback, which is the required setback under Section 28.3.07 of the subdivision
regulations and is included as part of the PUD plan. They note that the homeowners'
park along the creek is a good plan allowing for uniform and consistent management.
They would prefer that the bike path not be within the setback. However, city
subdivision regulations specifically allow trails within the setback provided that the paths
are designed to minimize bank instability, sedimentation, nutrient/pollution runoff, and
damage to plant and wildlife habitat. Their comments also include a number of items for
the developers and homeowners to consider in order to minimize wildlife conflicts that
should be incorporated into the homeowners' covenants.
C. Effects on the Natural Environment:
Surface and groundwater: The subdivision will be served by public water and sewer
thereby minimizing any potential impacts to groundwater. In the environmental review
submitted by the applicant, it is stated that static groundwater varies on the site due to the
elevation changes. Based on existing and abandoned wells, the average depth is
approximately 50 feet below the surface. The 2009 Geotech report found groundwater at
14 feet below the surface along Foys Lake Road, which is the lowest elevation on the
property.
Drainage: Roadways will be paved and curb/gutter will channel runoff to designed low
points, where storm water will be collected and routed to storm water ponds. Any open
storm water facilities should have an elevated aesthetic design. Storm water runoff from
the site shall be managed and constructed per the City of Kalispell Standards for Design
and Construction and storm water management program. Final design will be approved
by the Kalispell Public Works Department prior to development.
An offsite downstream analysis for any drainage flowing south across Foys Lake Road
shall be completed and any adverse impacts to downstream properties shall be mitigated
for the 2-, 10-, and 100-year events. Offsite flow rates shall not increase above historic
rates. A no rise determination for the Unnamed Perennial Surface Water Tributary to
Ashley Creek from Foys Lake which runs through the Lone Pine Subdivision shall be
completed if offsite volumes increase above historic volumes.
A condition of approval requires that a property owners' association be created for the
maintenance of the common area which would include the common area drainage
easements. As part of the storm easement areas, the association will be required to mow
the area to reduce fire hazard and reduce spread of noxious weeds.
Lastly, the developer is required to submit to the Kalispell Public Works Department an
erosion/sediment control plan for review and approval. These plans provide for managing
storm water on the site and include stabilizing the construction site through an approved
revegetation plan after site grading is completed.
24
Watercourse and wetlands setbacks: The northern boundary of the development borders
Ashley Creek and associated wetlands. Sections 28.3.06 and 28.3.07 provide for
setbacks from each to mitigate impacts from the development on the stream and
wetlands. There is a minimum 100-foot setback from the wetland to any proposed lot
line. The application shows a setback of approximately 148 feet from the wetland area to
the nearest property line.
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Similarly, there is a minimum 200-foot setback from the creek with limited uses.
Permitted uses, subject to certain design criteria, include storm drainage, trails, street,
utilities, and parkland. The detail below shows that the building lots are outside of the
setback area. Areas within the setback will either be left in a natural state or developed as
one of the permitted uses within the setback, including open space, storm drainage
facilities and a bike path.
D. Effects on Local Services:
Water: Water to the subdivision will be provided by the City of Kalispell. The water
system for the subdivision will be reviewed and approved by the Kalispell Public Works
Department as part of the development of the subdivision. There is adequate capacity
25
within the city's water system to accommodate this subdivision, although there are
pressure issues which will need to be addressed with any provision of water service to the
subdivision as discussed elsewhere in this report.
Per the extension of services plan and the standards for design and construction, a water
main needs to be extended within Foys Lake Road to the western end of the development.
Proportionate water rights shall be dedicated to the City of Kalispell per Section 28.3.08
of the subdivision regulations. Detailed comments related to the water system are
discussed above as part of Section F of the PUD analysis.
Sewer: Sewer to the subdivision will be provided by the City of Kalispell. The sewer
system for the subdivision will be reviewed and approved by the Kalispell Public Works
Department as part of the development of the subdivision. There is adequate capacity
within the city's sewer system to accommodate this subdivision. Per the extension of
services plan and the standards for design and construction, a sewer main needs to be
extended within Foys Lake Road to the western end of the development. It should be
noted that all sewage flowing south through the Lone Pine system is subject to latecomer
fees.
Access and Roads: Phase 1 includes two connections to Foys Lake Road, which is a state
secondary highway and is a minor arterial under the Kalispell Transportation Plan.
Internally, the streets would be constructed as local streets under the City of Kalispell
Standards for Design and Construction, with the exception of the collector street running
from the west entrance through the center of the project, then west to the north property
line to provide an eventual connection to Highway 2. Detailed discussion related to roads
and access for the PUD are included in Section F of the PUD analysis.
Foys Lake Road shall be improved in accordance with City of Kalispell Standards for
Design and Construction and the subdivision regulations to a full width minor arterial.
Any right-of-way necessary to provide the right-of-way width shall be dedicated to the
City. Phase IA of the subdivision shall improve Foys Lake Road from the Highway 93
Bypass to the westerly extent of the phase. Any subsequent phase of development shall
improve the remaining portion of Foys Lake Road to the westerly extent of the given
phase as shown on the preliminary plat provided by this application.
The eastern end of Phase 1 will need to include a temporary turnaround to be reviewed
and approved by the Fire Department in order to provide sufficient fire access under the
fire code.
Provisions for sidewalks and bike paths are provided for, including a network of trails
internal to the project which connect to the Great Northern Historical Trail bike path as
well as the bike path along the highway bypass. The submitted plans do not show a bike
path within the Foys Lake Road right-of-way, or connecting to the bike path at the
bypass. The plans will need to be amended to provide the appropriate connectivity and to
provide for pedestrian/bike traffic within the adjoining right-of-way and extending to the
western property line of the development.
26
WGM Group prepared a traffic impact study for the proposed project. The traffic impact
study analyzed the full buildout of the proposed development. The traffic study was
prepared using standard techniques to forecast traffic volumes and operations at the two
approaches onto Foys Lake Road and nearby intersections. Per comments from Public
Works noted above, there are some updates which should be accomplished pursuant to
the KLJ review of the TIS. An updated TIS will need to be prepared by the developer for
review and approval by Public Works, and any recommendations from the accepted
updated TIS will need to be implemented.
The current study concluded that traffic from the development "will generate new traffic
through the study intersections," but the "analysis shows that this traffic can be
accommodated at most of the study intersections without the need for improvements."
The TIS identified the intersection of South Meridian and 7th Street West as needing to
be upgraded to a "compact urban roundabout."
The study also noted that the development should incorporate improvements along the
frontage of Foys Lake Road based on the Kalispell Area Transportation Plan, and further
recommended that, "if permitted by MDT, the developer construct a right -turn
deceleration lane on Foys Lake Road at the east site access, and that traffic conditions be
monitored at the west site access to determine if, as the site builds out and is occupied, a
right -turn lane is also needed at that access point."
The TIS noted "excellent access to the Great Northern Historical non -motorized trail
system will be provided by connecting the internal residential units to the frontage
bicycle/pedestrian improvements, interconnecting sidewalk system and a multi -modal
trail system."
Additionally, Section 28.3.25 of the subdivision regulations requires a waiver of the right
to protest a Special Improvement District ("SID") for roadway improvements in adjacent
areas. On the face of the final plat, there shall be a note stating "The owners hereby
waive the right to protest the creation of an SID for the purpose of financing
improvements to area roads which will specifically benefit this subdivision."
Schools: The property is within the boundaries of School District #5 (Peterson
Elementary and Glacier High School). On average, it would be anticipated that there
would be about 204 students (K-12) from the neighborhood at full build -out. Section 76-
3-608(l) of the Montana Code Annotated states that the governing body may not deny
approval of a proposed subdivision based solely on the subdivision's impacts on
educational services.
Police: Police services will be provided by the Kalispell Police Department. The
department can adequately provide service to this subdivision.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department. The department can adequately provide service to this development.
27
Additionally, the road network to the subdivision provides adequate access for fire
protection. As part of subdivision review, fire protection, including fire now and hydrant
location, will be reviewed. Fire station 61 is located approximately 1.3 miles away
providing good response time.
Parks and Recreation: The plan includes common open space and park areas totaling
about 46.6 acres. There is a 5.2 acre homeowners park in the western portion of the
property, a 1.9 acre homeowners park as part of phase 1, and a series of interconnected
trails and sidewalks which contribute to the recreational component of the development.
The developer will need to provide covenants which would allow for the maintenance of
the common area. Specifics of the park plan will be reviewed and approved by the Parks
Department as each phase progresses with the required minimum park area to be
provided with each phase.
It is imperative that these areas be well maintained for the visual aspect of the project
from adjacent properties and the adjacent roads, the safety of the pedestrian paths and the
on -going functionality of the storm water facilities. Therefore, staff recommends that 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.
Solid Waste: Solid waste will be handled by the City of Kalispell. There is sufficient
capacity within the landfill to accommodate this additional solid waste generated from
this subdivision.
Medical Services: Ambulance service is available from the fire department and ALERT
helicopter service. Kalispell Regional Medical Center is approximately 1.5 miles from
the site.
E. Effects on Agriculture and agricultural water user facilities:
The site has been traditionally used for grazing and for industrial uses associated with a
nearby sawmill that was previously in operation. According to the Kalispell Growth
Policy Resources and Analysis Section, "Important Farmlands" map, the property is not
designated as prime farmland.
Current policies in the Kalispell Growth Policy Plan -It 2035, Chapter 5, Land Use:
Natural Environment, state the following:
Policy Encourage urban growth only on agriculture lands entirely within the city's
annexation policy boundary.
The subject property is already annexed and within the city limits. By allowing higher
density development within the city's growth policy area, it can reasonably be expected
28
that more farmland could be conserved because the availability of residential and
commercial lots within the Kalispell Growth Policy boundary, limiting sprawl/leapfrog
development.
F. Relation to the Kalispell Growth Policy:
The Kalispell Growth Policy Future Land Use Map designates the subject property as
Suburban Residential. The existing R-3 zone is associated with the Suburban Residential
designation, and the proposal is within the density anticipated under the growth policy.
The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a
variety of residential development that provides housing for all sectors and income levels
within the community. City services are in the vicinity and available to the subject
property.
G. Compliance with Zoning:
The request complies with the R-3 zoning regulations, provided the specified deviation
requests are granted.
H. Compliance with the Kalispell Subdivision Regulations:
This request complies with provisions of the Kalispell Subdivision Regulations, provided
the specified deviation requests are granted. It should be noted that the proposed plat
incorrectly refers to duplex lots. The proposal does not include duplexes, which are two
dwelling unit buildings on the same parcel with common utilities. Everything noted as
duplexes are actually townhouses, which are attached single-family dwellings on sub -lots
with fee simple ownership. Prior to final plat, the description of the lots should be
amended.
RECOMMENDATIONS
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KPUD-21-01 as findings of fact and recommend to the Kalispell City
Council that the PUD for Mountain View be approved subject to the conditions listed
below:
2. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
staff report #KPP-21-02 as findings of fact and recommend to the Kalispell City Council
that the preliminary plat for Mountain View Phase 1 be approved subject to the
conditions listed below:
CONDITIONS OF APPROVAL
The Planned Unit Development for Mountain View allows the following deviations from
the Zoning Regulations:
29
(1) Minimum lot size: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000
square feet. The deviation reduces minimum lot area to 3500 square feet for the
attached townhome and cottage lots as a minimum lot area.
(2) Minimum lot width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is
50 feet. The lot width applies to sublots as well. The deviation allows 35 foot
minimum widths for alley loaded detached cottage homes. Sublots with a minimum
lot width of 30 feet are allowed provided they are in substantial compliance with the
proposed plat, PUD plan, and other conditions of the PUD.
2. The Planned Unit Development for Mountain View allows the following deviations from
the Kalispell Subdivision Regulations:
(1) Block length: Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but
not more than 600 feet. This deviation allows blocks in excess of 600 feet as well
as less than 250 feet in the area of the cottage lots.
(2) Driveway access to collector road: Sec 28.3.14(G) and (J) — Individual driveways
are prohibited on collector streets per Sec 28.3.14(G) except in infill situations,
with access to be from an alley with the front of the house facing the collector.
This deviation would provide that, where alleys are not feasible, that driveway
access to the street would be allowed if the block is posted as "no parking."
Additionally, any townhouse/sublot accessing a collector street would be required
to have a minimum lot width of 40 feet.
(3) Cottage Alleys as an alternative street section: The cottage lots would include
two "cottage alleys" which would be a cross section 40 feet wide. The street
section would be allowed provided that they are maintained as a private street. A
note to that effect shall be placed on the final plat.
(4) Alleys with townhouse development: Sec. 28.3.15 — Alleys are required for
townhouse development creating a street frontage density of 40 feet/unit or
smaller on average for any block. They are also required whenever lots are
adjacent to a collector street. The proposed layout for Phase 1 is appropriate
provided that (a) shared driveways are used whenever feasible; and (b) the
townhouses along Foys Lake Road are reviewed and approved by the City of
Kalispell Architectural Review Committee. Future phases should be reviewed
separately with each preliminary plat as part of the subdivision review to
determine if any deviation is appropriate.
3. The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD becomes effective.
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.
30
5. 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.
7. 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.
8. 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 develop 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.
9. The aesthetic appearance of the landscaping, fencing, and townhomes along Foys Lake
Road shall be in substantial compliance with the representation submitted. In order to
ensure that the final design of the frontage and townhomes along Foys Lake Road as well
as along the bypass meet these requirements, the landscaping, fencing and townhome
plans for sublots along the south side of the internal road paralleling Foys Lake Road
shall be submitted to the Planning Department and the City of Kalispell Architectural
Review Committee for review and approval.
10. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
11. 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. An offsite
downstream analysis for any drainage flowing south across Foys Lake Road shall be
completed, including a no -rise determination if offsite volumes increase above historic
volumes. 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.
12. 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
31
Permit for Storm Water Discharge Associated with Construction Activities.
13. 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.
14. 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.
15. 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.
16. 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.
17. Per the extension of services plan and the standards for design and construction, a water
main shall be extended within Foys Lake Road to the western end of the development.
The extension shall extend from the existing main to the western end of a given phase,
ultimately extending to the western property line.
18. Any crossing of Ashley Creek will require the appropriate permitting relating to working
in or near the creek, and could involve local, state, and federal jurisdictions and
permitting.
19. The design of the water system shall address the water pressure issues related to servicing
the development.
20. Per the extension of services plan and the standards for design and construction, a sewer
main shall be extended within Foys Lake Road to the western end of the development.
The extension shall extend from the existing main to the western end of a given phase,
ultimately extending to the western property line.
21. 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.
32
22. Internally, the streets shall be constructed as local streets under the City of Kalispell
Standards for Design and Construction, with the exception of the cottage alleys and the
collector street running from the west entrance through the center of the project, then
west to the north property line to provide an eventual connection to Highway 2.
23. The plat shall be amended to increase the sublot size and, if necessary, reduce lots on the
collector street to provide at least 40-foot wide sublots for any sublot accessing the
collector.
24. Foys Lake Road shall be improved in accordance with City of Kalispell Standards for
Design and Construction and the subdivision regulations to a full width minor arterial.
Any right-of-way necessary to provide the right-of-way width shall be dedicated to the
City. Phase IA of the subdivision shall improve Foys Lake Road from the Highway 93
Bypass to the westerly extent of the phase. Any subsequent phase of development shall
improve the remaining portion of Foys Lake Road to the westerly extent of the given
phase as shown on the preliminary plat provided by this application. Improvements shall
include an 8' concrete sidewalk, streetlights, and other applicable improvements on the
development side of the roadway.
25. The eastern end of Phase 1 shall include a temporary turnaround to be reviewed and
approved by the Fire Department in order to provide sufficient fire access under the fire
code.
26. The bike path/pedestrian plans shall be amended to provide the appropriate connectivity
and to provide for pedestrian/bike traffic within the adjoining Foys Lake Road right-of-
way and extending to the western property line of the development as well as connecting
to the existing bike path at the northeast corner of the development.
27. The Traffic Impact study shall be amended pursuant to comments from Public Works
detailed within this report. Prior to final plat, all mitigation recommended as part of the
approved amended traffic impact study relative to the given phase shall be completed.
All improvements shall be reviewed and approved by the Public Works Department and
the Montana Department of Transportation, if applicable. The timing of the
improvements will be determined by the recommendations contained in the approved
amended TIS.
28. The road extending to Highway 2 is included within the Transportation Plan and the
amended TIS may show that the connection is necessary from a transportation
perspective. If recommended by the updated TIS, the road shall be installed connecting to
Highway 2. If the full connection is not recommended, the developer will need to
provide for a future connection by extending the internal road to the north property line.
The road shall be fully developed to city standards as a collector in accordance with the
Standards for Design and Construction in conjunction with Phase 3 to the appropriate
northern terminus unless the approved amended TIS recommends different timing of the
improvement.
33
29. The cottage alleys shall be owned and maintained as private streets, and a note to that
effect shall be placed on the final plat.
30. The street intersection north of the western approach shall be designed such that the
western street tees into the eastern/northern leg, opposite of what is shown in the PUD.
31. 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, any private
infrastructure has been constructed per city standards, and a proper bond has been
accepted for unfinished work.
32. 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.
33. The Geotech reports shall be updated to reflect comments from the Public Works and
Building Departments. The updated report would be subject to review and approval by
both departments. Any recommendations in the Geotech report shall be followed.
34. Geotech information for individual building sites may be required by the Building
Department prior to issuing a building permit for any construction, including, but not limited
to, primary structures, accessory structures, and decks, in order to ensure appropriate soils
bearing pressure, placement of footings, slopes, and other building code requirements
pursuant to the IRC or other applicable code.
35. A full final grading plan shall be submitted to Public Works and the Planning Department
showing that slopes, building sites, and driveways are in compliance with Sections 28.3.03,
28.3.11(D), and 28.3.11(F) of the subdivision regulations.
36. A noise study and detailed mitigation plans for highway sound mitigation showing
compliance with Section 28.3.09 of the subdivision regulations shall be submitted for
review and approval by the city prior to construction. Any fencing or walls shall be
reviewed by the city Architectural Review Committee pursuant to the PUD approval.
37. 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
34
38. 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.
39. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads, parks
and open space. Maintenance of private roads shall include both short term and long
term maintenance including, but not necessarily limited to, snow plowing, landscaping,
sidewalks, street repairs, overlays, and rebuilds of the street.
40. 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.
41. 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. The
approved landscape plan shall be implemented or a cash -in -lieu payment for installation
of the street trees and groundcover be provided to the Kalispell Parks and Recreation
Department.
42. A park plan shall be created and approved by the Parks and Recreation Director prior to
final plat of Phase IA, and the plan shall show that the parkland dedication requirement is
met for each phase.
43. 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 assessments levied within the maintenance district shall be determined by the Parks
and Recreation Department with approvals by the Kalispell City Council.
44. A note shall be placed on the final plat indicating a waiver of the right to protest creation
of a stormwater maintenance district. This district shall only be activated in the event that
the property owner(s) default on the maintenance of the approved stormwater facilities.
The assessments levied within the maintenance district shall be determined by the Public
Works Department with approvals by the Kalispell City Council.
45. Section 28.3.25 of the subdivision regulations requires a waiver of the right to protest a
Special Improvement District (" SID") for roadway improvements in adjacent areas. On
the face of the final plat, there shall be a note stating "The owners hereby waive the right
to protest the creation of an SID for the purpose of financing improvements to area roads
which will specifically benefit this subdivision."
35
46. Prior to final plat, the description of the lots on the plat shall be amended to eliminate the
reference to duplex lots and to reference them as townhouse lots.
47. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
48. All utilities shall be installed underground and in locations that are approved by the
Kalispell Public Works Department in accordance with the Kalispell Standards for
Design and Construction.
49. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
36
WrAV
WGMC ROUP
L:ommurlity Values. Irisoired Futures
April 5, 2021
Kalispell Planning Department
201 1 st Avenue East
Kalispell, MT 59901
Attn: PJ Sorenson and Jarod Nygren
RE: Mountain View Subdivision, PUD Application
Dear PJ and Jarod:
On behalf of Gary Schnell and Brad Schnell, Bison Hill, LLC, please find attached the application for
the Mountain View Planned Unit Development and the Phase One Preliminary Plat. This project was
scheduled for a pre -application meeting in February, and completed a preliminary review with the WGM
team and City staff.
The property is located on the south side of Kalispell, at the northeast intersection of Foy's Lake Road
and Highway 93 within the City of Kalispell's jurisdiction. (964 Foys Lake Rd, 28N 22W, Tract 9) The
property is approximately 138 acres, and is zoned R-3, PUD. The proposed project conforms to the
goals, policies, and maps of the Kalispell Growth Policy.
Attached is a digital file with the applications, supportive narratives, and drawings. Two checks in the
amount of $14,800 for the PUD and $13,750 for the Preliminary Plat ($28,550 total) to cover the
application fees for both the PUD and Phase One Preliminary Plat is also attached and will be delivered
in person with the thumb drive to the City of Kalispell Planning Department. We are excited to bring a
PUD development with a focus on open space and community development and are looking forward to
working with the City on this project.
As always, thanks for your attention and please call if you have any questions.
Sincerely,
WGM Group, Inc.
Mike Brodie
Principal Engineer
RJS
cc: Gary Schnell, File
x
Robin Spear
Senior Landscape Architect
431 1 sc Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
Development Services
Department
201 t Avenue East
Kalispell, MT 59901
IKAILI[ S P ELL Ph nes 06) 758 7940
PLANNED UNIT DEVELOPMENT
Email: plan ningQkalispel1.corn Website: www.kalispell.com
Project Name
Mountain View
Property Address
964 Foys Lake Rd, Kalispell, MT 59901
NAME OF APPLICANT
Bison Hill, LLC
Applicant Phone
406-425-1394
Applicant Address
970 W BROADWAY, #446 SUITE E
City, State, Zip
Jackson, Wyoming, 83002
Applicant Email Address
gschnell@tetonlanddevelopment.com
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD
Bison Hill, LLC Attn: Gary Schnell
Owner Phone
406-425-1394
Owner Address
970 W BROADWAY, Box 30,000, Suite E, #446
City, State, Zip
Jackson, Wyoming, 83002
Owner Email Address
gschnell@tetonlanddevelopment.com
CONSULTANT (ARCH ITECTIENGINEER)
WGM Group
Phone
406-756-4848
Address
431 1st Ave. West
City, State, Zip
Kalispell, MT, 59901
Email Address
mbrodie@wgmgroup.com rspear@wgmgroup.com
POINT OF CONTACT FOR REVIEW COMMENTS
Mike Brodie
Phone
360-689-7535
Address
431 1 st Ave. West
City, State, Zip
Kalispell, MT, 59901
Email Address
mbrodie@wgmgroup.com
List ALL owners (any individual or other entity with an ownership interest in the property):
Teton Land Development, LLC- Gary Schnell
Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed):
See attached application, Section B
M B Please initial here indicating that you have verified the description with the Flathead County Clerk and
Recorder and that the description provided is in a form acceptable to record at their office.
KALISPELL
Check One:
Present zoning of above property:
Initial PUD proposal
Amendment to an existing PUD Total gross acres of property:
Development Services
Department
201 1st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
R-3/PUD
138.940 1
Please provide the following information in a narrative format with supporting drawings or other format as needed (reference
27.19.020(3)):
a. An overall description of the goals and objectives for the development of the project.
b. In cases where the development will be executed in increments, a schedule showing the time within phase will be completed.
c. The extent to which the plan departs from zoning and subdivision regulations including but not limited to density, setbacks and use, and the
reasons why such departures are or are not deemed to be in the public interest;
d. The nature and extent of the common open space in the project and the provisions for maintenance and conservation of the common open space;
and the adequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan;
e. The manner in which services will be provided such as water, sewer, storm water management, schools, roads, traffic management, pedestrian
access, recreational facilities and other applicable services and utilities.
f. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established
g. How the plan provides reasonable consideration to the character of the neighborhood and the peculiar suitability of the property for the proposed
use.
h. Where there are more intensive uses or incompatible uses planned within the project or on the project boundaries, how with the impacts of those
uses be mitigated.
i. How the development plan will further the goals, policies and objectives of the Kalispell Growth Policy.
j. Include site plans, drawings and schematics with supporting narratives where needed that includes the following information:
(1). Total acreage and present zoning classifications;
(2). Zoning classification of all adjoining properties;
(3). Density in dwelling units per gross acre;
(4). Location, size height and number of stories for buildings and uses proposed for buildings;
(5). Layout and dimensions of streets, parking areas, pedestrian walkways and surfacing;
(6). Vehicle, emergency and pedestrian access, traffic circulation and control;
(7). Location, size, height, color and materials of signs;
(8). Location and height of fencing and/or screening;
(9). Location and type of landscaping;
(10). Location and type of open space and common areas;
(11). Proposed maintenance of common areas and open space;
(12). Property boundary locations and setback lines
(13). Special design standards, materials and / or colors;
(14). Proposed schedule of completions and phasing of the development, if applicable;
(15). Covenants, conditions and restrictions;
(16). Any other information that may be deemed relevant and appropriate to allow for adequate review.
If the PUD involves the division of land for the purpose of conveyance, a preliminary plat shall be prepared in accordance with the requirements of
the subdivision regulations.
Please note that the approved final plan, together with the conditions and restrictions imposed, shall constitute the zoning for the district. No building
permit shall be issued for any structure within the district unless such structure conforms to the provisions of the approved plan.
now 1111111111141111
KALISPELL
APPLICATION PROCESS
(application must be received and accepted by
the Kalispell Planning Department 35 days
prior to the Planning Board Hearing)
Application Contents:
1. Completed application form
2. Electronic copy of the application materials submitted. Either copied onto a disk or
emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB)
Development Services
Department
201 1st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
3. A bona fide legal description of the subject property and a map showing the location and
boundaries of the property.
'Note - verify with the Flathead County Clerk & Recorder that the legal description submitted
is accurate and recordable. They can be reached at (406) 758-5526.
4. If proposal invloves annexation, pre plat orother action please submit appropriate
application forms in addition to the PUD application
5. Application fee based on the schedule below, made payable to the City of Kalispell:
Residential (no subdivision) $1,000 + $125 per acre
Commercial(no subdivision) $1,200 + $100 per acre
Residential (with subdivision) $1,000 + $100 per acre
Commercial (with subdivision) $1,000 + $100 per acre
I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all
other submitted forms, documents, plans or any other information submitted as a part of this application, to be true,
complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection
with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other
appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the
property for routine monitoring and inspection during the approval and development process.
s�7
Date
WwGMGROUP
i_;ummunity V61ue5. inspired Futures.
0 Ut"WINTAIN 1fiJzW PUD
The following is a narrative for the Mountain View Planned Unit Development application. Also
included is the site plan, utility layout, and development applications for the PUD and preliminary plat.
NARRATIVE
a. An overall description of the goals and objectives for the development of the project.
The proposed project at Mountain View is a residential, mixed -density development located on
the north side of Foys Lake Road, a quarter mile west of the City limits. in the southern portion
of the City's Growth Policy PLAN -IT 2035. The site is currently vacant land, with large cuts and
terracing completed by the previous owner that has left the site unsightly, prone to erosion,
and unappealing for the neighbors. The developer feels that this property is well positioned for
residential development that can be well integrated into the surrounding neighborhoods and
emphasize the open space and connectivity available along Ashley Creek and surrounding
recreational amenities. The property's goals are to integrate the lots into an open space
system of natural areas and a central park to emphasize pedestrian and bike accessibility, and
create a cohesive, community focused lifestyle that connects to and enriches existing systems.
A variety of housing types for residents provides options to the community offering a range of
units that compliment different sectors and income levels, lifestyles, age groups, and needs.
The goals of the development are the following:
1. Planning for a variety of housing sizes and affordability, including single-family
residential, townhomes, cottages, and duplex homes.
2. The addition of site amenities such as a large central park and a trail system that
connects to the Great Northern Historic Trail and open space adjacent to Ashley
Creek. Compatible with protecting the natural environment surrounding Ashley Creek.
3. Access to key transportation routes and outdoor recreation areas including Hwy 93,
downtown, the Great Northern Historic Trail, and Lone Pine State Park, and Foys Lake.
This development is intended to create additional housing in the Kalispell community in a
location suitable for such land use. The traditional neighborhood design includes sidewalks
with tree -lined streets, a linked network of open spaces and a central park with playgrounds,
pavilions, picnic areas, and a path system along Ashley creek providing connections to the
Rails to Trails path system.
431 1 sc Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
Mountain View
May 17, 2021
Page 2 of 11
b. In cases where the development will be executed in increments, a schedule showing
the time within phase will be completed.
It is expected that the project will be phased with the southern portion of the development to
the north. The first phase will be accessed by and front Foys Lake Road and would likely
begin construction in fall of 2021 and be completed in the fall of 2022. The subsequent
phases will move north in a counterclockwise configuration. Phase 2 will be broken into three
subphases the first of which would likely begin in spring of 2023. Phase 3 would begin in
2024, and phase 4 in 2025. The fourth phase will require additional water pressure which for
the time being is planned for the installation of a booster pump station. The City has long term
plans for making a connection to the upper pressure zone, however; it is unclear when this
would happen. If this occurred prior to phase 4, the booster pump may not be required, this is
further explained in the utilities section of this narrative. A phasing plan is included with this
application.
C. The extent to which the plan departs from zoning and subdivision regulations including
but not limited to density, setbacks and use, and the reasons why such departures are
or are not deemed to be in the public interest;
The Mountain View PUD (formerly named Willow Creek), was originally approved in 2007 with
Kalispell City Ordinance 1625. On this site the original zoning was slated for R-3 (Urban
Single Family Residential) with a PUD overlay. This PUD has since expired. The R-3/PUD
zoning originally allowed five deviations from the Kalispell Subdivision Regulations and the
Kalispell Zoning Ordinance, including allowances for lots to be smaller and setbacks to be
non-standard, among others.
The Mountain View PUD application applies the following variances from the Subdivision
Regulations and Zoning Ordinance:
a. Minimum lot area = 3500 s.f. for attached townhomes
b. Minimum lot width = 35' for alley loaded detached cottage homes.
c. Driveway access onto collector streets where alleys are not feasible, to be signed "no
parking".
d. Block lengths shall be not less than 250 feet or more than 600 feet. Due to the
elevation constraints and topography of the site the development proposes a maximum
of 10,084 linear feet on the eastern portion of the site, and 200 linear feet on either side
of the cottage lots.
The increased density over what is allowed within the R-3 zoning district will provide more
housing options and opportunities for area residents, in accordance with Growth Policy
housing goals. The intent of a PUD is to "provide flexibility of architectural design and density
as well as providing the option to mix land uses and densities while preserving and enhancing
Mountain View
May 17, 2021
Page 3 of 11
the integrity and environmental values of an area." A Housing and Land Use policy within the
Growth Policy specifies that medium -density housing developments should be considered with
"Single-family homes on lots down to 2,500 square feet". Additionally, the policy includes
encouragement that "High -density residential neighborhoods should be developed at densities
up to 20 units per acre, with some as high as 40 units per acre. "
Allowing this type of design will allow increased density and affordability and is offset by a
generous amount of open space and recreational amenities in a walkable district.
Per discussions with Kalispell public works, the placement of a collector down the central
portion of the site would be the most conducive to future traffic patterns and connectivity of the
site. The site grades dictate where this road is feasible as well as where this collector road
can be placed. In order to make this collector work with site grades, driveways will need to
access portions of this collector street. It is proposed that areas where driveways are required
will be signed with "no parking" signs.
The block length on the western portion of the site is primarily restricted due to grade. On the
western edge, no connections to the development to the west would be feasible due to grades
and existing development configuration. Substantial grading efforts (much like the ones being
remedied as a part of this development) would be required to make connections to the top of
the hill in this location to the east of this road.
d. The nature and extent of the common open space in the project and the provisions for
maintenance and conservation of the common open space; and the adequacy of the
amount and function of the open space in terms of the land use, densities and dwelling
types proposed in the plan;
The site plan shows a series of open space/park areas that are linked together by a trail. The
larger park along the western side of the project area will include a playground, picnic tables,
landscaping, space for a multi -use lawn area, and amenities. This will allow single family,
townhome, and cottage lots to front the park and allows access to a large park amenity for the
entire project. Flexible space within the central park will allow for residents the opportunity to
plan community events and encourage walkability throughout the development. Paths and
sidewalks will link the open space network and provide a mile plus loop for recreation and
access to the City's trail systems. The open space will be maintained by the Home Owners
Association of the development.
e. The manner in which services will be provided such as water, sewer, storm water
management, schools, roads, traffic management, pedestrian access, recreational
facilities and other applicable services and utilities.
The project will utilize city of Kalispell sewer and water which are currently located at the
southern extents of the property.
Mountain View
May 17, 2021
Page 4 of 11
SEWER
The sewer main will be extended up from Learn Lane to the two entrances of the development
and are capable of providing service to the entirety of the development via gravity. The
existing gravity sewer main that is being connected to flows to a municipal lift station (lift
station #33) owned and operated by the City of Kalispell located in the Lone Pine Trails
Subdivision. This lift station currently has capacity to support more than half of the planned
development. The pumps at this lift station will need to be upgraded at the completion of
Phase 2 or a new lift station will need to be installed to pump wastewater north across Ashley
Creek to the West Side Interceptor.
WATER
There is an existing 14" main located on the north side of Foys Lake Road that can be
extended along the north side of Foys Lake Road and into the development. Additionally,
there is a 12" main located at the north end of the property on the north side of Ashley Creek
that will eventually be extended into the development to loop the system. The major issue the
development faces is that due to the site's topography, much of the site will require additional
pressure to service it. Based on discussions with City of Kalispell public works and their water
facilities plan, this property is slated to be connected to the City's upper pressure zone
eventually which will solve the pressure problem for the upper lots. These lots that will be
affected by this pressure deficit have been sequestered to phase 4 in an effort to postpone the
need for as long as possible. If Phase 4 is planned for development prior to this upper zone
being connected, a booster station will be proposed as a temporary measure to bring the
Phase 4 Lots online.
STORM
Stormwater will be collected in the development streets and conveyed to one of several ponds
proposed on the site. All ponds proposed will be detention and have stormwater treatment
structures installed upstream of the ponds to ensure water quality standards are met. The
southern half of the development will be collected, detained, and discharged through an
existing culvert to a creek on the south side of Foys Lake Road. Areas on the north side of the
hill will be conveyed to their areas detention pond, and discharged to Ashley Creek. All outfalls
will be appropriately stabilized to prevent erosion.
ACCESS
The site is accessed via Foys Lake Road and is bordered by the US-93 bypass which will
provide connection to the greater Kalispell area. The two accesses to Foys will be controlled
via stop signs. Internally a series of local and collector streets are planned including some
private alleys for alley loaded lots. The development currently does not have the ability to
connect northward to US -highway 2, but it is being planned for the eventual connection.
Future access across Ashley creek will utilize series of concrete box culverts at the center of
the property and are traffic rated and capable of supporting a road crossing. A traffic impact
Mountain View
May 17, 2021
Page 5 of 11
study has been included with this application outlining the impacts of the development to the
greater Kalispell transportation system.
SCHOOLS
The nearest elementary school is Peterson School which is located opposite the US93 Bypass
on Meridian Road (approximately 0.7 miles from the site). Flathead Highschool is located
about 1 mile from the site. Flathead Community College can be quickly reached via the US93
Bypass and is located approximately 4.1 miles from the property.
The development includes sidewalks along all street frontages for pedestrian access, internal
trails and parks for recreation along Ashley Creek, and other site amenities such as a
playgrounds, sledding hills, multi -use lawn area, community gardens, a variety of seating, and
connection to natural elements.
The development will be served by School District 5 and is located 1.6 miles west of Kalispell
Fire Department on 1st Avenue East.
The relationship, beneficial or adverse, of the planned development project upon the
neighborhood in which it is proposed to be established.
The adjacent neighborhoods are single family residences to the south and west. The planned
development is in alignment with the previously approved (and since expired) Willow Creek
PUD. The nearest developments to the south is Lone Pine Trails (single family development
and to the west the Stoneridge Subdivision, a County single family subdivision. This area is
included within the Kalispell Growth Policy given its vicinity to:
• The US-93 Bypass (0.0 Miles)
• The City of Kalispell/MDT/Rails to Trails multi -use trail system (0.0 Miles)
• Lone Pine Park, Valley View Trail Head (0.50 Miles)
• Heron Park (3.23 Miles)
• Foys Lake (1.74 Miles)
• City Downtown Area (1.71 Miles)
• Flathead Highschool (1.02 Miles)
• Parkline Trail/Kalispell Core Area (0.71 Miles by bike/walk)
g. How the plan provides reasonable consideration to the character of the neighborhood
and the peculiar suitability of the property for the proposed use.
The plan provides consideration to the character of the neighborhood by aligning with the
intent of the Growth Policy and Future Land Use Map, providing a mix of residential uses and
densities. The site abuts the US-93 Bypass, the sound of which will be separated utilizing
landscape berms and multi -family structures (townhomes and duplexes) which can provide a
better economy of scale for blocking sound. The site is located in an area with good
transportation connectivity and access to services. It will be connected to Foys Lake Road
Mountain View
May 17, 2021
Page 6 of 11
which intersects with the US-93 bypass and on/off ramps will begin construction in 2021. In
the latter phases of the development, and with the purchase of additional property to the north,
roads will be brought through the development to make a connection to US Highway 2.
The property is bisected in the north and west by Ashley Creek which will be largely
undisturbed by planned development. A trail system will be provided within the Creek's
setback. The trail system will also connect at the Southside of Ashley Creek to the Kalispell
Rails to Trails system and at the north end of the property. The overall development is aimed
at creating a walkable community to accentuate the use of the adjacent trail systems and allow
for better pedestrian connectivity to the downtown trail corridor.
h. Where there are more intensive uses or incompatible uses planned within the project or
on the project boundaries, how will the impacts of those uses be mitigated.
The site is currently surrounded by vacant/agricultural land (northwest), industrial (north) or
residential (uses land uses). The eastern side of the property abuts the US 93 bypass, with
undeveloped agricultural land on the opposite side of the highway and high density residential
of the western downtown neighborhood. The Future Land Use Map generally corresponds
with this and shows the following land use adjacencies:
• North: Urban Residential/Industrial
• South: Suburban Residential
• East: High Density Residential
The proposed land uses of the subject property of single- and multi -family residential are
directly compatible with the 2035 Growth Policy PLAN -IT and similar to the originally approved
Willow Creek PUD. The multi -family residential area includes attached duplexes, townhomes,
and individual cottage units/clusters. The majority of these dense unit types will be placed on
the eastern and southern portion of the property to provide some transition to the existing
larger lots on the west. Adjacent properties to the south are developed as single family, but
are all on the opposite side of Foys Lake road. Landscape berms will be placed on the
eastern perimeter to help mitigate sound from the highway. On the south, a large swath of
open space is provided between Foys Lake Road and proposed lots. This will help to provide
a safer bicycle and pedestrian access between Foys Lake Road and the development,
mitigate road and noise/traffic as well as provide an aesthetically pleasing landscaped area
and stormwater mitigation.
How the development plan will further the goals, policies and objectives of the Kalispell
Growth Policy.
The development plan will meet the Land Use/Housing goal of the 2017 Kalispell Growth
Policy which is to "provide an adequate supply and mix of housing that meets the needs of
present and future residents in terms of cost, type, design, and location."
Mountain View
May 17, 2021
Page 7 of 11
Additionally, the following policies are met through the development:
"Land Use/Housing Policies:
1. On larger tracts of land, creative design and a mix of housing types is encouraged
within the overall density requirements to create more dynamic neighborhoods, to
provide more open space, and to protect sensitive resource areas.
2. Medium -density residential (urban) neighborhoods should be developed at densities
between four and twelve dwelling units per acre on an overall site basis. An integrated
development plan within an urban neighborhood could include:
a. Single-family homes on lots down to 2,500 square feet,
b. Zero lot line and patio homes, when accompanied by ample open spaces
and common areas,
c. Duplexes and triplexes,
d. Townhomes; and
e. Limited mixed uses.
3. High -density residential neighborhoods should be developed at densities up to 20 units
per acre, with some as high as 40 units per acre. An integrated development plan
within a high -density neighborhood could include:
a. Zero lot line and patio homes, with open spaces and common areas,
b. Triplexes and Four-plexes,
c. Multi -family, and
d. Mixed uses.
4. A variety of housing types and compatible land uses are encouraged in residential
areas and should be designed to fit scale and character of the neighborhood. Where
necessary, developers should utilize the Planned Unit Development (PUD) process to
craft development proposals that are both innovative and creative, while maintaining
the integrity and values of the community."
Additionally, the policy that notes, "city regulations should maintain incentives to provide for
varied affordable housing types" is also met through this development, as the allowance of a
PUD with reduced setbacks and lot sizes creates an incentive for varied affordable housing
types. This is especially relevant to the cottage clusters being proposed.
Mountain View
May 17, 2021
Page 8 of 11
Parcel Information
Growth Policy Future Land Use
■ Commercial
■ Neighberhhod Commercial
Indusiriel
` Urban Mixed Use
' High Density Residential
Urban Residential
Suburban Residential
` City Airport, GovemmentFacil'rty
PubiiclQuasi Public, Openspaca
■ Floodway
Figure 1: Growth Policy Future Land Use Map
j. Include site plans, drawings and schematics with supporting narratives where needed
that includes the following information:
1. Total acreage and present zoning classifications;
171.3 Acres currently zoned residential R-3/PUD and Heavy Industrial 1-2. No
development is proposed on the industrial properties at this time. This PUD will focus
on the tracts south of Ashley Creek, which is approximately 138 acres and zoned R-3
PUD.
2. Zoning classification of all adjoining properties;
North: R-1 (County), 1-1 Light Industrial and B-2 (City)
West: R-1 (County)
East: R-3/PUD in the highway corridor and 1-2 opposite Ashley Creek
South: R-1 County and R-2/PUD
Mountain View
May 17, 2021
Page 9 of 11
3. Density in dwelling units per gross acre;
2.95 Dwelling units per acre (407 units per 138 acres)
4. Location, size, height, and number of stories for buildings and uses proposed for
buildings;
The lots shone on the site plan include single-family residential homes, one to two
stories tall, with a maximum height of 35'. The attached units (two to four unit
townhomes), with a maximum height of 35'. Conceptual building renderings and lot
layouts are included with this application. The property north of Ashley Creek is not
planned for development at this time, but is zoned 1-2 which allows for a maximum
height of 60 (or unlimited with conditional use permit).
5. Layout and dimensions of streets, parking areas, pedestrian walkways and
surfacing;
The proposed PUD layout is attached and included with this application. This layout
utilizes the City of Kalispell Standard for local and collector streets with 5-foot sidewalk
on either side throughout the development, and a 10-foot-wide multi -use path along the
frontages of Foys Lake Road. A City of Kalispell Rural Collector section is proposed
with an 10-foot-wide multi -use path on the north side. Per discussions with the City of
Kalispell, this multi -use path will need to be installed on the subject property to be
maintained by the HOA, or it can be an 8 foot sidewalk within the right of way which
would also need to be maintained by the HOA per City code.
10 foot wide multi use paths are proposed along Ashley Creek and the north side of the
development to connect to the Great Northern Rails To Trails multi use path will be
installed with future Phases. A layout of the proposed trail/path network within the
PUD is included with the PUD Layout.
6. Vehicle, emergency and pedestrian access, traffic circulation and control;
Proposed circulation, access, and control is shown on the site and phasing plans. Each
phase is planned with two roads that will be accessible to Foys Lake Road. In the
future, a connection may be made to the north onto Highway 2.
7. Location, size, height, color and materials of signs;
Subdivision identification sign locations are shown on the plans. Colors and materials
are yet to be defined. The site signage will meet the City's requirements as follows:
"One sign not to exceed 24 square feet in area or two signs not to exceed 12
square feet each per exclusive entrance to a subdivision or tract. Such signs
Mountain View
May 17, 2021
Page 10 of 11
shall be restricted to the subdivision or development name and shall not exceed
six feet in height."
8. Location and height of fencing and/or screening;
No fencing is proposed as a part of the development. Earthen landscape berms will be
placed along the eastern perimeter to reduce highway noise and create
separation/screening for the residences adjacent to the highway. Fences for lots will
meet the following heights as allowed in the current R-3 zoning district:
Front: 4'
Side: 6.5'
Rear: 6.5'
Side Corner: 6.5'
9. Location and type of landscaping;
Open space and park area are shown on the site plan. Street trees will be included in
the six to nine foot boulevards along with landscaping in and along the open space
network and entrances. A final landscaping plan will be assembled during the site
design phase for review by the City of Kalispell Parks and recreation department.
10. Location and type of open space and common areas;
The site plan shows parks and trails along an open space network. The open space
network is intended to provide access to the park and open space within the
development while allowing residents to access the adjacent multi use path to be
installed along Foys Lake Road and Ashley Creek which connects to the greater
Kalispell Trail system network.
11. Proposed maintenance of common areas and open space;
The Home Owners Association will maintain and manage the common areas and open
space. Individual home owners will be responsible for boulevard maintenance per City
of Kalispell ordinance.
12. Property boundary locations and setback lines;
Property boundaries are shown on the site plan.
13. Special design standards, materials and / or colors;
Example renderings of proposed single-family homes and multi family attached homes
will be included with the final application. The intent is to provide a variety of units
while creating a somewhat unique and varied street frontage. Draft CCRs have been
Mountain View
May 17, 2021
Page 11 of 11
included with this application with regulations that pertain to the architectural aesthetics
for the property.
14. Proposed schedule of completions and phasing of the development, if
applicable;
It is expected that the project will be phased from south to north with the areas
adjacent to Foys Lake Road to be the first phase of the project. This first phase would
likely begin construction in fall of 2021 and be completed in the fall of 2022.
The next phases would be anticipated to be done each following year, e.g. phase 2
would begin in 2023, phase 3 2024 and so -on.
A Phasing diagram has been included with the submittal.
15. Covenants, conditions and restrictions;
CC&Rs are in development and will be provided by the owner. A Draft is available in
the application, Part "H".
16. Any other information that may be deemed relevant and appropriate to allow for
adequate review.
This is a PUD application for the property that was previously approved as the Willow
Creek PUD; this has subsequently expired. This was approved under City of Kalispell
Ordinance No. 1625.
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Development Services
Department
t Avenue
Kalispell, MT 59901
IKAILI[SPEILIL 201 a (406) 758 East
Phone (406) 758-7940
MAJOR SUBDIVISION PRELIMINARY PLAT
Email: planning(Qkalispell.com Website: www.kalispell.com
Project Name
Mountain View
Property Address
964 Foys Lake Rd, Kalispell, MT 59901
NAME OF APPLICANT Bison Hill, LLC
Applicant Phone 406-425-1394
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Applicant Address
970 W BROADWAY, #446 SUITE E
City, State, Zip
Jackson, Wyoming, 83002
Applicant Email Address
gschnell@tetonlanddevelopment.com
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD
Bison Hill, LLC Attn: Gary Schnell
Owner Phone
I 406-425-1394
Owner Address
970 W BROADWAY, Box 30,000, Suite E, #446
City, State, Zip
Jackson, Wyoming, 83002
Owner Email Address
gschnell@tetonlanddevelopment.com
CONSULTANT (ARCH ITECTIENGINEER) WGM Group
Phone 406-756-4848
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Address
431 1 st Ave. West
City, State, Zip
I Kalispell, MT, 59901
Email Address
mbrodie@wgmgroup.com rspear@wgmgroup.com
POINT OF CONTACT FOR REVIEW COMMENTS
Mike Brodie
Phone
360-689-7535
Address
431 1 st Ave. West
City, State, Zip
Kalispell, MT, 59901
Email Address
mbrodie@wgmgroup.com
List ALL owners (any individual or other entity with an ownership interest in the property):
Teton Land Development, LLC- Gary Schnell
Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed):
See attached application, Section B
M B Please initial here indicating that you have verified the description with the Flathead County Clerk and
Recorder and that the description provided is in a form acceptable to record at their office.
KAILI[SPEILIL
GENERAL DESCRIPTION OF SUBDIVISION:
Number of lots or rental spaces 407
Total Acreage in lots 55.84
Total Acreage in streets or roads 25.10
Total acreage in parks, open spaces and/or
common spaces 38.63
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Total Acreage in subdivision 131.81
Minimum size of lots or spaces 3500 SF (Duplex)
Maximum size of lots or spaces 26,453 SF
Development Services
Department
201 1st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
Single Family 225 units Townhouse 92 Mobile home/RV Park Duplex- 74 units, Cottages- 16 units
Commercial/Industrial Multi -family Other Duplex-74 units, Cottages- 16 units
APPLICABLE ZONING DESIGNATION & DISTRICT:
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS:
PROPOSED EROSION/SEDIMENT CONTROL:
ARE ANY SUBDIVISION VARIANCES REQUESTED? Yes (YES/NO)
If yes please complete a separate subdivision variance application
APPLICATION PROCESS
(application must be received and accepted by the
Kalispell Planning Department 35 days prior to the
Planning Board hearing)
A pre -application meeting with the planning staff is required.
1. Completed preliminary plat application
2. Copy of pre -application meeting form and any required submittals listed on the form
3. One reproducible set of supplemental information. (See appendix A of the Subdivision Regulations)
4. One reduced size copy of the preliminary plat not to exceed 11 "x17" in size
5. Electronic copy of the application materials, including the preliminary plat, either copied
onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to
email is 20MB)
6. A bona fide legal description of the subject property and a map showing the location and boundaries of the property
'Note - verify with the Flathead County Clerk & Recorder that the legal
description submitted is accurate and recordable. They can be reached at
(406) 758-5526.
7. Environmental Assessment (see appendix B in subdivision regulations) if applicable.
8. Application fee based on the schedule below made payable to the City of Kalispell:
Major Subdivision
$1,000 + $125 per lot
Major Subdivision Resubmittal
$1,000
for each original lot unchanged add
add $10 per lot
for each lot re-designed/added add
add $125 per lot
Mobile Home Parks & Campgrounds
6 more more spaces
$1,000 + $250 per space
5 or fewer spaces
$400 + $125 per space
Amended Preliminary Plat
amendment to conditions only
$400 base fee
re -configured proposed lots
base fee + $40 per lot
add additional lots or sublots
base fee + $125 per lot
I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted
forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my
knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that an
approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the
Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process.
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Date: April 22nd, 2021Kalispell Planning Dept.
FilePath: J\2021\04212021 KALISPELL o soo t,000
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FWP, MT.GOV
City of Kalispell Planning Board
PJ Sorensen, Senior Planner
201 1st Ave E.
Kalispell, MT 59901
(406) 758-7940
psorensen@kalispell.com
RE: KPUD-21-01 & KPP-21-02 Mountain View PUD
Dear Mr. Sorensen,
THE OUTSIDE IS IN US ALL.
Region One
490 North Meridian Road
Kalispell, MT 59901
(406) 752-5501
Ref: 14-05-06
May 6, 2021
Thank you for the opportunity to comment on the proposed Mountain View Subdivision. This
subdivision would result in over 400 residential units along an undeveloped section of Ashley Creek
including an abandoned historic channel. This proposed subdivision will have impacts on wildlife
habitat, wildlife movement, as well as stream water quality and possibly aquatic resources. In addition,
the development of so many residential units and proximity to Ashley Creek will result in increased
human/wildlife conflicts, primarily in the form of deer and black bear conflicts.
The proposed area of development includes upland grasslands/previous agricultural fields, as well as a
relatively undisturbed forested riparian zone along Ashley creek. At present, the stream banks in this
area have relatively healthy riparian vegetation including riparian shrubs. This natural vegetation allows
for the highly stable stream banks, creates habitat for many fish and wildlife species, and provides a
natural setting. As this area develops, it is important that these resources are maintained and
protected. Building setbacks and vegetated buffers are means of protecting riparian areas, fish and
wildlife habitat, and water quality. Generally, the wider the widths of setbacks and buffers the more
resource protection they provide.
For a stream the size of Ashley Creek, we generally recommend, at a minimum, 200-foot building
setbacks with at least the first 75 feet adjacent the stream in protected natural vegetation; it appears
that the proposal does include these setbacks. These widths will help filter pollutants, such as fertilizers
and petroleum products that come from the upland development. Within this setback, a trail system is
proposed; however, we recommend putting this trail outside the 200 feet proposed buffer. With the
magnitude of this development, we would anticipate a high degree of people accessing the stream
corridor via this trail, resulting in increased impacts to the stream and stream bank. Deterring the
volume of anticipated use is recommended. Please reconsider putting the trail outside this buffer.
The proposed homeowner's park along all of Ashley Creek is a good plan. This will allow uniform and
consistent management and protection of the stream and floodplain resources. It will also eliminate the
potential for vegetation removal, grazing, and other land uses that would degrade the riparian zone,
stream banks, habitat values, and water quality.
Currently, Ashley Creek is a stream in the Flathead Lake Drainage listed as having impaired water quality
on the EPA 303d list (including Temperature, Sedimentation, Nitrogen and Phosphorus). The Flathead
Basin Commission has helped guide and implement numerous stream restoration projects along the
stream to help improve water quality. Many of these restoration and revegetation projects have been
expensive indicating that prevention of riparian disturbance is more cost effective than restoration.
Please remember that any improvement/replacement of the existing stream crossing will require
additional permitting; as will any other crossings not proposed in this application.
Due to the sheer volume of people who will inhabit this development, we anticipate an increase in
human -wildlife conflicts. White-tailed deer are common and are attracted to ornamental plants in
subdivisions. Black bears use Ashley Creek as a movement corridor and will be drawn into the
subdivision due to attractants, such as fruit bearing trees, garbage, birdfeeders, chickens, and pet food.
The following conditions are recommended to minimize problems that future homeowners could have
with wildlife, as well as help those individuals protect themselves, their property, and the wildlife. I
recommend that all future property owners in this subdivision be made aware of the potential for
wildlife conflicts and be given a copy of the following information. Future homeowners need to be
aware that FWP cannot respond to all wildlife problems, and it is the homeowner's responsibility to
avoid such problems. We recommend that the developer adopt the following covenants to mitigate
human -wildlife conflicts.
a) Homeowners must be aware of the potential for vegetation damage by wildlife, particularly
from deer feeding on lawns, gardens, flowers, ornamental shrubs, and trees in this subdivision.
Homeowners need to take the responsibility to plant non -palatable vegetation or protect their
vegetation (fencing, netting, repellents) in order to avoid problems. Landscape plantings of certain
species of native vegetation are less likely to suffer extensive feeding damage by deer. We recommend
the excellent booklet Minimizing Deer Damage to Residential Plantings, put out by the Montana State
University Animal & Range Sciences Extension Service and available online at:
http://www.animalrangeextension.montana.edu/articles/wildlife/deer damage.html.
b) Fruit -producing trees and shrubs should not be allowed because they attract bears. If present
they must be fenced with electric fencing to deter bears. Keep produce and any fruit picked and off the
ground. Ripe or rotting fruit or vegetable material attracts bears, deer, skunks, and other wildlife. To
help keep wildlife such as deer out of gardens, fences should be 8 feet or taller, or electric fences
utilized.
c) Garbage must be stored either in secure, bear -resistant containers or indoors, preferably both,
to avoid attracting wildlife such as bears and raccoons. If stored indoors, garbage cans may not be set
out until the morning of garbage pickup and must be brought in no later than that same evening. If
home sites are occupied seasonally or if the occupants are to be away from the household for 7 days or
more, garbage from the home, other buildings, or containers must be removed from the property prior
to their departure.
d) Do not feed wildlife or offer supplements such as salt or mineral blocks, attractants, or bait for
deer or other wildlife. Feeding wildlife results in unnatural concentrations of animals that can lead to
overuse of vegetation, disease transmission, and other adverse effects to wildlife (such as foundering of
deer). Such actions unnecessarily accustom wild animals to humans, which can be dangerous for both. It
is against state law (MCA 87-6-216) to purposely or knowingly attract ungulates, bears, or mountain
lions with supplemental food attractants (any food, garbage, salt block, hay, grain, or other attractant
for game animals) or to provide supplemental feed attractants in a manner that results in "an artificial
concentration of game animals that may potentially contribute to the transmission of disease or that
constitutes a threat to public safety." Also, homeowners must be aware that deer often attract
mountain lions to the area.
e) Birdseed is an attractant to bears, deer, and turkeys. Use of bird feeders should be discouraged
from April 1 through November 30.
f) Pets at large, particularly dogs and cats, are a real threat to wildlife. Pets must be confined to
the house, a fenced yard, or an outdoor kennel when not under the immediate control of the owner,
and not allowed to roam. Under state law it is illegal for dogs to chase hoofed game animals (MCA 87-6-
404 1b). Keeping pets confined also helps protect them from predatory wildlife. We recommend the
FWP brochure Living with Dogs & Cats.
g) Pet food must be stored indoors, in closed sheds, or in bear -resistant containers to avoid
attracting wildlife such as bears, mountain lions, skunks, and other wildlife. When feeding pets, do not
leave food out overnight.
h) Barbecue grills must be stored indoors, and permanent outdoor barbecue grills should be
cleaned thoroughly after each use. Food spills and smells on and near the grill attract bears and other
wildlife.
i) Fencing of lot boundaries is discouraged. If used, rail or smooth wire fences will be erected that
are no higher than 40" at the top rail/wire and no lower than 18" at the bottom rail/wire to facilitate
wildlife movement and help avoid animals becoming ensnared and killed by the fence or injuring
themselves when trying to jump the fence. Please refer to the helpful booklet on wildlife friendly fences
available from FWP called "A Landowner's Guide to Wildlife Friendly Fences".
j) Compost piles and beehives attract bears and if permitted, must be fenced with electric fencing.
k) Domestic animals such as horses, cattle, pigs, sheep, goats, llama, poultry, etc. (including those
kept as 4H projects), can attract bears, mountain lions, and coyotes. Animals must be housed with this in
mind, and livestock feeds, especially grain -related, must be fed in a manner that does not allow deer or
bears to have access to them.
We appreciate the opportunity to comment on this proposal. Please contact us if you have any
questions.
Best regards,
/s/Jessy Coltrane
Jessy Coltrane, PhD
Kalispell Wildlife Biologist
(406) 751-4584
Coltrane@mt.gov
/s/ Mike Hensler
Mike Hensler
Fisheries Program Manager
(406) 751-4550
mhensler@mt.gov