Ordinance 1862 - PUD - Mountain ViewReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIJill
IIIIIIJill
Jill
2021 Fpageees: $$64. 079
Debbie Pierson, Flathead County MT by AW 8/17/2021 12:30 PM
o-
ORDINANCE NO. 1862
N
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
o 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.
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.
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.
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 stone 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 lA 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 1 A, 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 16TH DAY OF AUGUST 2021.
Mark Johnson
Mayor
ATTEST:
,`%tt11111ji���i
��� ���.......• � /ice
Aime Brunckhorst, CMC v$��,
City Clerk : r
=t) 1892 ,,;